10-190 a
Resolution No. 10-190
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
ENGINEERING ENTERPRISES, INC. FOR
2011 STREET REHABILITATION PROGRAM-RAYMOND STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS,that Sean R. Stegall,City Manager,and Diane Robertson,City Clerk,be and are hereby
authorized and directed to execute an agreement on behalf of the City of Elgin with Engineering
Enterprises, Inc. for the 2011 Street Rehabilitation Program-Raymond Street, a copy of which is
attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: October 13, 2010
Adopted: October 13, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
4 ► '
AGREEMENT
2010
THIS AGREEMENT is made and entered into this 13thday of October ,2044, by and between
the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and
Engineering Enterprises, Inc.(hereinafter referred to as "ENGINEER").
WHEREAS,the CITY desires to engage the ENGINEER to furnish certain professional services in
connection with 2011 Street Rehabilitation Program—Raymond Street(hereinafter referred to as the
PROJECT); and
WHEREAS, the ENGINEER represents that he is in compliance with Illinois Statutes relating to
professional registration of individuals and has the necessary expertise and experience to furnish
such services upon the terms and conditions set forth herein below.
NOW, THEREFORE, it is hereby agreed by and between the CITY and the ENGINEER that the
CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and
covenants contained herein,the sufficiency of which is hereby acknowledged to act for and represent
it in the engineering matters involved in the PROJECT as described herein,subject to the following
terms and conditions and stipulations, to-wit:
1. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the City Engineer of the
CITY,herein after referred to as the"DIRECTOR".
B. A detailed Scope of Services is attached hereto as Attachment A.
2. PROGRESS REPORTS
A. An outline project milestone schedule is provided hereinunder.
B. A detailed project schedule for the Project is included as Attachment B, attached
hereto. Progress will be recorded on the project schedule and submitted monthly as a
component of the Status Report described in C below.
C. The ENGINEER will submit to the DIRECTOR monthly a status report keyed to the
project schedule.A brief narrative will be provided identifying progress,findings and
outstanding issues.
3. WORK PRODUCTS
All work products prepared by the ENGINEER pursuant hereto including,but not limited to,
reports, designs, calculations, work drawings, studies, photographs, models and
recommendations shall be the property of the CITY and shall be delivered to the CITY upon
request of the DIRECTOR provided, however, that the ENGINEER may retain copies of
such work products for its records. Such work products are not intended or represented to be
suitable for reuse by the CITY on any extension to the PROJECT or on any other project,and
such reuse shall be at the sole risk of the CITY without liability or legal exposure to the
ENGINEER.
2011 Street Rehabilitation Program—Raymond Street
4. PAYMENTS TO THE ENGINEER(Not To Exceed Method)
A. For services provided the ENGINEER shall be paid at the hourly rate for the
classifications of personnel who perform work on this PROJECT,with the total fee
not to exceed$ 387,000 as estimated in Attachment C regardless of the actual costs
incurred by the ENGINEER unless substantial modifications to the scope of the work
are authorized in writing by the DIRECTOR. The attached Standard Schedule of
Charges dated January 2008 will be utilized for this PROJECT.
B. For outside services provided by other firms or subconsultants, the CITY shall pay
the ENGINEER the invoiced fee to the ENGINEER, plus 0%. Any such fees for
outside services shall be included in the total fee not to exceed.
C. All costs are included in the not to exceed fee,including direct costs and the work to
be performed by Rubino Engineering for the Geotechnical Investigations and for the
firm performing the televising of the sanitary and storm sewers.
D. The CITY shall make periodic payments to the ENGINEER based upon actual
progress within 30 days after receipt and approval of invoice. Said periodic
payments to the ENGINEER shall not exceed the amounts shown in the following
schedule, and full payments for each task shall not be made until the task is
completed and accepted by the DIRECTOR.
Est. Invoice
Date % Complete Value
November 1 25% $ 96,750
December 1 50% $ 96,750
January 1 75% $ 96,750
February 1 95% $ 77,400
March 1 100% $ 19,350
5. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress
reports (2C above)will be included with all payment requests.
B. The ENGINEER shall maintain records showing actual time devoted and cost
incurred. The ENGINEER shall permit the authorized representative of the CITY to
inspect and audit all data and records of the ENGINEER for work done under this
Agreement. The ENGINEER shall make these records available at reasonable times
during the Agreement period, and for a year after termination of this Agreement.
6. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any
time upon fifteen (15) days prior written notice to the ENGINEER. In the event that this
Agreement is so terminated, the ENGINEER shall be paid for services actually performed
and reimbursable expenses actually incurred prior to termination,except that reimbursement
shall not exceed the task amounts set forth under Paragraph 4 above.
2011 Street Rehabilitation Program—Raymond Street
7. TERM
This Agreement shall become effective as of the date the ENGINEER is given a notice to
proceed and,unless terminated for cause or pursuant to Article 5,shall be deemed concluded
on the date the CITY determines that all of the ENGINEER's work under this Agreement is
completed. A determination of completion shall not constitute a waiver of any rights or
claims which the CITY may have or thereafter acquire with respect to any term or provision
of the Agreement.
8. NOTICE OF CLAIM
•
If the ENGINEER wishes to make a claim for additional compensation as a result of action
taken by the CITY,the ENGINEER shall give written notice of his claim within 15 days after
occurrence of such action. No claim for additional compensation shall be valid unless so
made. Any changes in the ENGINEER's fee shall be valid only to the extent that such
changes are included in writing signed by the CITY and the ENGINEER. Regardless of the
decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work
required under this Agreement as determined by the DIRECTOR shall proceed without
interruption.
9. BREACH OF CONTRACT
If either party violates or breaches any term of this Agreement,such violation or breach shall
be deemed to constitute a default, and the other party has the right to seek such
administrative, contractual or legal remedies as may be suitable to the violation or breach;
and, in addition, if either party,by reason of any default, fails within fifteen(15)days after
notice thereof by the other party to comply with the conditions of the Agreement,the other
party may terminate this Agreement. Notwithstanding the foregoing or anything else to the
contrary in this agreement,with the sole exception of the monies the CITY has agreed to pay
to the ENGINEER pursuant to Section 4 hereof, no action shall be commenced by the
ENGINEER or any other related entity against the CITY for monetary damages.
10. INDEMNIFICATION
To the fullest extent permitted by law,ENGINEER agrees to and shall indemnify,defend and
hold harmless the CITY,its officers, employees, agents,boards and commissions from and
against any and all claims, suits,judgments, costs, attorneys fees, damages or other relief,
including but not limited to workers compensation claims, in any way resulting from or
arising out of negligent actions or omissions of the ENGINEER in connection herewith,
including negligence or omissions of employees or agents of the ENGINEER arising out of
the performance of this Agreement. In the event of any action against the CITY,its officers,
employees, agents, boards or commissions, covered by the foregoing duty to indemnify,
defend and hold harmless such action shall be defended by legal counsel of the CITY's
choosing. The provisions of this paragraph shall survive any expiration,completion and/or
termination of this Agreement.
2011 Street Rehabilitation Program—Raymond Street
11. NO PERSONAL LIABILITY
No official, director, officer, agent or employee of the CITY shall be charged personally or
held contractually liable under any term or provision of this Agreement or because of their
execution, approval or attempted execution of this Agreement.
12. INSURANCE
A. Comprehensive Liability. The ENGINEER shall provide,pay for and maintain in
effect,during the term of this Agreement,a policy of comprehensive general liability
insurance with limits of at least $1,000,000 aggregate for bodily injury and
$1,000,000 aggregate for property damage.
The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming
the CITY as additional insured. The policy shall not be modified or terminated
without thirty(30) days prior written notice to the DIRECTOR. •
The Certificate of Insurance which shall include Contractual obligation assumed by
the ENGINEER under Article 10 entitled"Indemnification" shall be provided.
This insurance shall apply as primary insurance with respect to any other insurance or
self-insurance programs afforded to the CITY. There shall be no endorsement or
modification of this insurance to make it excess over other available insurance,
alternatively, if the insurance states that it is excess or prorated,it shall be endorsed
to be primary with respect to the CITY.
B. Comprehensive Automobile Liability. Comprehensive Automobile Liability
Insurance covering all owned,non-owned and hired motor vehicles with limits of not
less than $500,000 per occurrence for damage to property.
C. Combined Single Limit Policy. The requirements for insurance coverage for the
general liability and auto exposures may be met with a combined single limit of
$1,000,000 per occurrence subject to a $1,000,000 aggregate.
D. Professional Liability. The ENGINEER shall carry Engineers Professional Liability
Insurance Covering claims resulting from error, omissions or negligent acts with a
combined single limit of not less than $1,000,000 per occurrence. A Certificate of
Insurance shall be submitted to the DIRECTOR as evidence of insurance protection.
The policy shall not be modified or terminated without thirty(30)days prior written
notice to the DIRECTOR.
13. CONSTRUCTION MEANS,METHODS, TECHNIQUES, SEQUENCES,
PROCEDURES AND SAFETY
The ENGINEER shall not have control over or charge of and shall not be responsible for
construction means,methods,techniques,sequences or procedures,or for safety precautions
and programs in connection with the construction,unless specifically identified in the Scope
of Services.
2011 Street Rehabilitation Program—Raymond Street
14. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement,there shall be no
discrimination against any employee or applicant for employment because of sex,age,race,
color,creed,national origin,marital status,of the presence of any sensory,mental or physical
handicap, unless based upon a bona fide occupational qualification, and this requirement
shall apply to, but not be limited to, the following: employment advertising, layoff or
termination,rates of pay or other forms of compensation and selection for training,including
apprenticeship.
No person shall be denied or subjected to discrimination in receipt of the benefit of any
services or activities made possible by or resulting from this Agreement on the grounds of
sex,race,color, creed,national origin, age except minimum age and retirement provisions,
marital status or the presence of any sensory,mental or physical handicap. Any violation of
this provision shall be considered a violation of a material provision of this Agreement and
shall be grounds for cancellation, termination or suspension, in whole or in part, of the
Agreement by the CITY.
15. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the successors and
the assigns of the parties hereto; provided, however, that no assignment shall be made
without the prior written consent of the CITY.
16. DELEGATIONS AND SUBCONTRACTORS
Any assignment,delegation or subcontracting shall be subject to all the terms,conditions and
other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with
respect to each and every item, condition and other provision hereof to the same extent that
the ENGINEER would have been obligated if it had done the work itself and no assignment,
delegation or subcontract had been made. Any proposed subcontractor shall require the
CITY's advanced written approval.
17. NO CO-PARTNERSHIP OR AGENCY
This Agreement shall not be construed so as to create a partnership, joint venture,
employment or other agency relationship between the parties hereto.
18. SEVERABILITY
The parties intend and agreed that, if any paragraph, sub-paragraph,phrase, clause or other
provision of this Agreement, or any portion thereof, shall be held to be void or otherwise
unenforceable, all other portions of this Agreement shall remain in full force and effect.
19. HEADINGS
The headings of the several paragraphs of this Agreement are inserted only as a matter of
convenience and for reference and in no way are they intended to define,limit or describe the
scope of intent of any provision of this Agreement, nor shall they be construed to affect in
any manner the terms and provisions hereof or the interpretation or construction thereof.
2011 Street Rehabilitation Program—Raymond Street
20. MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes the entire Agreement of the parties on the
subject matter hereof and may not be changed,modified, discharged or extended except by
written amendment duly executed by the parties. Each party agrees that no representations or
warranties shall be binding upon the other party unless expressed in writing herein or in a
duly executed amendment hereof, or change order as herein provided.
21. APPLICABLE LAW
This Agreement shall be deemed to have been made in,and shall be construed in accordance
with the laws of the State of Illinois. Venue for the resolution of any disputes or the
enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane
County, Illinois.
22. NEWS RELEASES
The ENGINEER may not issue any news releases without prior approval from the
DIRECTOR, nor will the ENGINEER make public proposals developed under this
Agreement without prior written approval from the DIRECTOR prior to said documentation
becoming matters of public record.
23. COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants in the CITY's employ or any
work associated with the PROJECT.
24. INTERFERENCE WITH PUBLIC CONTRACTING
The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result
of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid
rigging.
25. SEXUAL HARASSMENT
As a condition of this contract,the ENGINEER shall have written sexual harassment policies
that include, at a minimum, the following information:
A. the illegality of sexual harassment;
B. the definition of sexual harassment under state law;
C. a description of sexual harassment, utilizing examples;
D. the vendor's internal complaint process including penalties;
E. the legal recourse,investigative and complaint process available through the Illinois
Department of Human Rights, and the Illinois Human Rights Commission;
F. directions on how to contact the department and commission;
G. protection against retaliation as provided by Section 6-101 of the Human Rights Act.
2011 Street Rehabilitation Program—Raymond Street
A copy of the policies shall be provided by ENGINEER to the Department of Human Rights
upon request 775 ILCS 5/2-105.
26. WRITTEN COMMUNICATIONS
All recommendations and other communications by the ENGINEER to the DIRECTOR and
to other participants which may affect cost or time of completion,shall be made or confirmed
in writing. The DIRECTOR may also require other recommendations and communications
by the ENGINEER be made or confirmed in writing.
27. NOTICES
All notices, reports and documents required under this Agreement shall be in writing and
shall be mailed by First Class Mail, postage prepaid, addressed as follows:
A. As to CITY:
JOSEPH EVERS, P.E.
City Engineer
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER:
BRADLEY P. SANDERSON, P.E.
Vice President
Engineering Enterprises, Inc
52 Wheeler Road
Sugar Grove, Illinois 60554
28. COMPLIANCE WITH LAWS
Notwithstanding any other provision of this AGREEMENT it is expressly agreed and
understood that in connection with the performance of this AGREEMENT that the
ENGINEER shall comply with all applicable Federal, State,City and other requirements of
law, including,but not limited to, any applicable requirements regarding prevailing wages,
minimum wage, workplace safety and legal status of employees. Without limiting the
foregoing, ENGINEER hereby certifies, represents and warrants to the CITY that all
ENGINEER'S employees and/or agents who will be providing products and/or services with
respect to this AGREEMENT shall be legal residents of the United States. ENGINEER shall
also at its expense secure all permits and licenses, pay all charges and fees and give all
notices necessary and incident to the due and lawful prosecution of the work, and/or the
products and/or services to be provided for in this AGREEMENT. The CITY shall have the
right to audit any records in the possession or control of the ENGINEER to determine
ENGINEER'S compliance with the provisions of this section. In the event the CITY
proceeds with such an audit the ENGINEER shall make available to the CITY the
ENGINEER'S relevant records at no cost to the CITY.
IN WITNESS WHEREOF,the parties hereto have entered into and executed this agreement
effective as of the date and year first written above.
2011 Street Rehabilitation Program—Raymond Street
FOR THE CITY: FOR THE ENGINEER:
By ,&/,L( -+/ By 77 —
City anager
Attest:
City Clerk
2011 Street Rehabilitation Program—Raymond Street
Attachment A
DESIGN, ADMINISTRATION &
PLANNING ENGINEERING ACTIVITIES
1. OVERALL
1. General: The Design Engineer will serve as the City of Elgin's representative for the
entire design and administration of the planning for the project as assigned by the City.
As such he will function as an extension of the City's staff and be responsible for
overall implementation and management of the project. The Design Engineer shall
include implementation of City policies,program administration, coordination and
monitoring of consultants and contractors providing overall management control and
direction to insure completion of the bidding and planning documents in accordance
with the City's objectives of cost,time and quality. The Design Engineer will work
closely with and report to the City Engineer or his designee. It shall be understood
that the Design Engineer will act as the City Engineer on this project and shall
coordinate with other City entities such as the Legal Department, City Clerk,
Purchasing Director, Water Director, Sewer Director and Street Director. The Design
Engineer shall be responsible for acting as the City Engineer on this project in regards
to Federal, State and County issues as well.
2. Law: The Design Engineer is expected to understand all State, County and City Laws
governing the implementation of his bidding and planning documents.
2. DESIGN
1. Preliminary Design:
a. Project Location:
Exhibit A establishes the streets and/or areas to be included in the Design
Engineer's bidding and planning documents.
b. Project Kickoff:
• Establish lines of communication.
• Present a work plan for the project including schedule milestones, design
criteria(utilize existing standard City contract as a base model), list of
information needed to begin design.
• Acquire existing information including previous reports,plans of recent
development and relevant site information
- Collect water, sanitary and storm atlases
2011 Street Rehabilitation Program—Raymond Street
- Interview and document same, the Sewer, Water and Street Departments
for their knowledge of issues within the project location.
- Collect and analyze public utility records and notify utility of pending
project.
c. Inspection of Project Location:
The Design Engineer shall provide site inspection of the entire area as well as
immediately adjacent area. The following shall be included;
• Televising of all sanitary and storm sewers
• Physical inspection of all manholes, valve vaults, catchbasins, inlets,
electrical vaults.
• Video recording of existing improvements within and adjacent to the project
location. Also, private property as it abuts the project.
• Complete geotechnical investigations where deemed necessary.
• Signage inventory.
• Pavement marking inventory.
• Tree inventory.
• Lighting inventory.
d. Additional Work Items:
The Design Engineer shall also perform the following tasks;
• Review the City's Bike Path Master Plan and incorporate improvements into
the Project.
• Evaluate the use of Concrete Pavement versus Hot-Mix Asphalt on
Raymond Street.
• Evaluate the width of pavement on Raymond Street and present lane and
width options to the City.
e. Scope of Work Refinement:
Based upon the collection of the above information, the Design Engineer shall
refine the scope of work, including an estimate of cost, and obtain approval from
the City. The Design Engineer shall include alternatives sufficient to insure the
base bid will be below the total budget(when considering testing,publications,
inspections and other typical costs found in construction projects).
f. Construction Documents:
Design Engineer will complete plan sheets as necessary, construction estimates,
construction specifications,bid and contract documents utilizing a City format.
Any alterations or additions to the City format shall be highlighted and fully
explained to the City Engineer or his representative. Plan sheets shall be
provided for all underground work including water main, storm sewer and sanitary
improvements.
2011 Street Rehabilitation Program—Raymond Street
e. Scheduling:
For this agreement,the Design Engineer shall develop a schedule for all steps
from execution of this agreement to contract award. The schedule shall be
updated at a miniumum of every two weeks and submitted to the City Engineer or
his designee.
g. Surve :
The Design Engineer shall provide a topographic survey of the portions of the
project that require water, storm and/or sanitary sewer construction or
replacement. The survey shall also pick up existing underground improvements
that the City is not improving if the City does not have as constructed drawing for
same. Base plan sheets will be developed from this survey at a scale of l"=50'.
h. Construction Estimate:
The Design Engineer shall prepare several estimates related to the work the City
desires to have completed under this project. Separate estimates are required for
each of the utilities and separate locations should the project include multiple
locations. In addition, the Design Engineer shall set the project estimates up to
allow for alternates to insure a project may be bid and awarded as close to the
budget as possible.
h. Agency coordination:
At a minimum, the Design Engineer shall schedule meetings with the City and any
other interested agency, at about the midway point in their plan and specification
development to insure they are meeting the expectations of the City. A second
meeting shall be held with the City at approximately 95%completion to finalize
the bid, specifications and planning documents.
The Design Engineer shall prepare any and all necessary permits and documents
required by the Illinois Environmental Protection Agency, Illinois Department of
Transportation, or any other governmental agency that has a regulatory interest in
the project.
The Design Engineer shall coordinate with all public utility companies including
verification of the soundness of their structures and any potential
relocations/delays.
Open House:
The Design Engineer shall locate, schedule and hold an open house for the
properties abuting the project location. The Design Engineer shall hand deliver
or U.S. Mail to each abutting property a notice of this open house a minimum of
seven calendar days in advance.
3. BIDDING
a. Design Engineer shall prepare bid forms, notices and addendum as necessary for
bidders.
b. Design Engineer shall coordinate with the local newspaper to insure the notice is
published 10 days in advance of the bid opening.
c. Design Engineer shall provide(25) sets of drawings and specifications to be
issued by the City to prospective bidders.
d. Design Engineer shall attend pre-bid meeting with prospective bidders to provide
clarification for issues and concerns from bidders. The Design Engineer will also
distribute minutes from pre-bid meeting to the City and all meeting attendees with
written answers to concerns/questions from the meeting.
e. The Design Engineer will receive bidder questions and requests for clarification.
Based on these questions and requests, the Design Engineer will prepare addenda
as necessary to respond to the questions presented. Addenda will be issued to the
City for distribution to the bidders.
f. Design Engineer shall attend the bid opening and evaluate the bids and bidders to
determine if the bids were submitted in accordance with the contract documents
and if the bidders are qualified to perform the work. Following this review, a
recommendation will be presented to the City for award of the construction
contracts.
g. Design Engineer shall prepare tabulation of bids for distribution to City agencies
and interested bidders.
h. Design Engineer shall assist the City in the preparation of six (6) copies of final
contracts for execution by the successful bidder and the City.
•
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•
EXHIBIT 1
OF ATTACHMENT A
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ATTACHMENT B - PROJECT SCHEDULE FOR
2011 STREET REHABILITATION PROGRAM - RAYMOND STREET
City of Elgin, IL
2010 2011
Sept. Oct. Nov. Dec. Jan. Feb. March April May June July August Sept. Oct. Nov. Dec.
PHASE I-PRELIMINARY DESIGN ENGINEERING
Kick-Off Meeting,Gather Preliminary Data
Finalize Project Management Documents
Conduct Topographic Surveys
Field Review,Videotape Site Conditions,Structure Inspection and Televising
Coordination with Utility Companies
Obtain Soil Borings and Pavement Cores
Geometry and Pavement Design Analysis
Prepare Preliminary Exhibits and Estimates
Meetings with City Departments for Scope Review
Project Management and QC/QA Reviews
PHASE II-FINAL DESIGN ENGINEERING
Meetings and Coordination
Development of Plans
Development of Specifications and Contract Documents
Preparation of Quantities and Estimates
Permitting
Advertisement,Letting,Bid Review and Contracting
Project Management and QC/QA Reviews
PHASE III-CONSTRUCTION ENGINEERING(NO TASKS INCLUDED IN SCOPE)
Construction Commencement March 2011 (for reference only)
(Note-Project Manager Will Attend Pre-Construction Conference) ,
LEGEND
Proposal Stage Review(s)
Preliminary&Final Design Bidding and Contracting
Project Management and QC/QA Review(s) Construction
Meeting(s)
ENGINEERING ENTERPRISES,INC. DATE: 9/10/2010
CONSULTING ENGINEERS ENTERED BY: JMB/BPS
Attachment C
ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST -
PROFESSIONAL ENGINEERING SERVICES
2011 Street Rehabilitation Program-Raymond Street
City of Elgin,Illinois
ENGINEERING DRAFTING SURVEYING ADMIN. WORK
WORK SENIOR SENIOR SENIOR SENIOR REM COST
ITEM PRINCIPAL PROJECT PROJECT PROJECT PROJECT CAD PROJECT PROJECT PROJECT SENIOR HOUR PER
NO. WORK ITEM ENGINEER MANAGER MANAGER ENGINEER ENGINEER MANAGER TECHN. TECHN. SURVEYOR SURVEYOR TECHN. SECRET. SUM. ITEM
A SCOPE OF WORK-STREETS
Al Gather and Review Existing Information 4 8 8 8 2 30 $ 3,780
A2 Site Visit-Videotape Existing Conditions and Inspect Storm Sewer Structures 16 20 80 116 $ 13,368
A3 Site Visit-Signage Inventory 4 8 16 28 $ 3,288
A4 Meetings with Public Works-Streets Department 88 8 2 26 $ 3,420
A5 Storm Sewer Televising and Condition Review8 24 32 $ 4,128
A6 Evaluate Pavement Material Alternatives-Raymond Street 16 16 32 $ 3,936
A7 Evaluate Pavement Width Alternatives-Raymond Street 16 16 32 $ 3,936
A8 Preparation of Preliminary Exhibits and Estimates 4 8 16 16 16 60 $ 7,224
A9 Topographic Survey 4 25 75 104 $ 10,452
A10 Prepare Detailed Drawings and Specifications 16 120 200 350 200 2 888 $ 103,908
All Prepare Summary of Quantities and Estimate of Construction Costs8 32 32 72 $ 8,592
Al2 OC/QA Reviews 16 16 20 52 $ 7,752
A13 NPDES Permitting 4 8 4 2 18 $ 2,004
A14 Advertisement,Letting,Bid Review,Contracting 2 16 8 8 34 $ 4,164
A15 Project Administration(Status Meetings,Coordination,Project Management) 16 408 4 32 100 $ 11,904
ROADWAY SUBTOTAL 66 16 296 316 558 0 224 0 25 0 75 48 1,624 $ 191,856
B SCOPE OF WORK-SEWER
Bt Gather and Review Existing Information 4 8 16 2 30 $ 3,636
B2 Site Visit and Sanitary Sewer Structure Inspection 8 20 40 68 $ 7,944
B3 Meetings with Public Works-Sewer Department8 8 6 2 26 $ 3,420
B4 Televising and Condition Review 8 24 32 $ 4,128
B5 Prepare Detailed Drawings and Specifications 8 8 24 20 2 62 $ 7,308
B6 Prepare Summary of Quantities and Estimate of Construction Costs 28 10 $ 1,140
B7 QC/QA Reviews4 4 8 $ 1,200
SANITARY SUBTOTAL 24 0 46 44 96 0 20 0 0 0 0 6 236 S 28,776
C SCOPE OF WORK-WATER
Cl Gather and Review Existing Informationa 8 32 2 46 $ 5,364
C2 Meetings with Public Works-Water Department8 a 2 18 $ 2,556
C3 Topographic Survey 4 125 375 504 $ 50,052
C4 Prepare Detailed Drawings and Specifications 80 140 120 2 342 $ 39,276
C5 Prepare Summary of Quantities and Estimate of Construction Costs 24 40 64 $ 7,632
C6 QC/QA Reviews4 8 8 20 $ 2,952
C7 IEPA Permitting
4 8 2 14 $ 1,572
WATER SUBTOTAL 16 8 136 0 220 0 120 0 125 0 375 8 1,008 S 109,404
I PROJECT TOTAL 1 106 I 24 I 478 I 360 I 874 I 0 I 364 1 0 I 150 I 0 I 450 I 62 1 28681$ 330,036 I
0'.\Pu5ic\Elgn\2010\EG1010 2011 Sue.Reuauxm,m Program-Raymond Slree,\PSA\ICosl Proposal.dsjRaymond
FEE SCHEDULE AS OF 01/01/08 DIRECT COSTS
Pnncipal Engineer E-3 106 hours B $162 per hour= $17,172 Printing= $ 2,000
Senior Project Manager E-2 24 hours B $150 per hour= $3,600 Supplies&Misc.= $ 250
Project Manager E-1 478 hours B $138 per hour= $65,964 Vehicle Charges= $ 2,500
Senior Project Engineer/Surveyor P-5 510 hours B $126 per hour= $64,260 Sewer Televising= $ 40,000
Project Engineer/Surveyor P-4 874 hours B $108 per hour= $94,392 Geotechnical Investigation(cores)= $ 5,000
Senior Engineer/Surveyor P-3 0 hours B $99 per hour= $0 Geotechnical Investigation(borings)= $ 7,000
Engineer/Surveyor P-20 hours B $90 per hour= $0 DIRECT EXPENSES= S 56,750
Associate Engineer/Surveyor P-10 hours B $81 per hour= $0
CAD Manager E-10 hours B $138 per hour= $0 TOTAL LABOR COSTS
Senior Project Technician T-5 364 hours B $108 per hour= $39,312 Engineering Expenses= $ 226,488
Project Technician T-40 hours B $99 per hour= $0 Drafting Expenses= $ 39,312
Senior Technician T-3 450 hours B $90 per hour= $40,500 Surveying Expenses= $ 59,400
Technician T-20 hours B $81 per hour= $0 Administrative Expenses= $ 4,836
Associate Technician T-10 hours B $72 per hour= $0 TOTAL LABOR EXPENSES= $ 330,036
Secretary A-3 62 hours B $78 per hour= $4,836
HOURLY TOTAL= 2868 TOTAL EEI LABOR= $330,036 TOTAL COST-BY DEPARTMENT
TOTAL COSTS(STREETS)= §221,606
Note 1-All fees for printing,supplies,transportation and cores attributed to'STREETS'category. TOTAL COSTS(SEWER)= $ 52,276
Note 2-Fees for borings split between water and sewer. TOTAL COSTS(WATER)= $112,904
Note 3-Fees for televising split between streets and sewer. TOTAL PROJECT COST= $386,786
52 Wheeler Road • Sugar Grove, IL 60554
TEL: 630 / 466-6700
FAX: 630 / 466-6701
STANDARD SCHEDULE OF CHARGES www.eeiweb.ccm
Engineering January 1, 2008
Enterprises, (Effective until December 31st, 2010)
EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE
Senior Principal E-4 $171.00
Expert Testimony $225.00
Principal E-3 $162.00
Senior Project Manager E-2 $150.00
Project Manager E-1 $138.00
Senior Project Engineer/Planner/Surveyor II P-6 $126.00
Senior Project Engineer/Planner/Surveyor I P-5 $117.00
Project Engineer/Planner/Surveyor P-4 $108.00
Senior Engineer/Planner/Surveyor P-3 $ 99.00
Engineer/Planner/Surveyor P-2 $ 90.00
Associate Engineer/Planner/Surveyor P-1 $ 81.00
Senior Project Technician II T-6 $117.00
Senior Project Technician I T-5 $108.00
Project Technician T-4 $ 99.00
Senior Technician T-3 $ 90.00
Technician T-2 $ 81.00
Associate Technician T-1 $ 72.00
Administrative Assistant A-3 $ 78.00
CREW RATES, VEHICLES AND REPROGRAPHICS
1 Man Field Crew with Standard Survey Equipment $129.00
2 Man Field Crew with Standard Survey Equipment $201.00
1 Man Field Crew with RTS or GPS * $159.00
2 Man Field Crew with RTS or GPS * $231.00
Vehicle for Construction Observation $15.00
In-House Scanning and Reproduction $0.25/Sq. Ft. (Black & White)
$1.00/Sq. Ft. (Color)
*RTS=Robotic Total Station/GPS=Global Positioning System
G:,.EEI\Docs\Forms\Genera!\SSC-Std Schedule of Charges\Curreni\ST.ADS0110.doc
Consulting Engineers Specializing in Civil Engineering and Land Surveying
•
EFOR:T TC_) i'^,A' OR & MEMBE=RS OF CITY COUNCIL E LG I NJ
THE CITY IN THE SUBURBS'
MEETING DATE: September 22, 2010
INITIATIVE E: Consideration of an Engineering Services Agreement with Engineering
Enterprises, Inc. for the 2011 Raymond Street Neighborhood Street
Rehabilitation Project
COMMUNITY GOAL
•
• Financially Stable City Government: To preserve and enhance the city's sound
and resilient financial condition thru long-term planning for service delivery and
infrastructure needs
OBJECTIVE
• Provide for the on-going maintenance of city's streets in order to strengthen
the city's neighborhoods and the overall appearance of the community
PURPOSE
• Provide engineering services to evaluate and design the street and utility
systems within the Raymond Street area between National Street and US Route
20 and to finalize bid documents to complete construction in 2011
RECOMMENDATION
• Authorize staff to execute an engineering services agreement with Engineering
Enterprises Inc. (EEI) for the engineering services necessary to prepare design
and bidding documents for the 2011 Raymond Street Neighborhood Street s.
Rehabilitation project
BACKGROUND
The city began an aggressive program to rehabilitate its streets beginning in the early 1990s
corresponding with increasing investment in the city's neighborhoods. Prior to that, there was
no consistent effort to address the increasing degradation of the city's streets. The initial effort
focused primarily on surface pavement restoration along with minor sidewalk, curb and gutter
repairs.
As the program expanded, coinciding with the introduction of the City's Five-Year Financial
Plan, utilities were evaluated for replacement and sidewalks, curb and gutters underwent
restoration versus minor repair. The city currently maintains a portfolio of three unique street
programs, those being: reconstruction, rehabilitation and resurfacing. The table below
illustrates the varying characteristics of each program:
Program Pavement Pavement Pavement Sidewalk Curb& Signage& Tree
Type Repl. Patching Overlay Repair Gutter Drive Planting
&Overlay Repl. Approaches
Reconstruction X X X X X
Rehabilitation X X X X Going
Forward
Resurfacing X Going
Forward
Areas targeted for improvement are evaluated based upon three criteria in order to prioritize
the work, those being:
• Overall pavement condition;
• Street classification (i.e. how important is the street to the larger street network); and
• When the street was last repaired.
Since the five year budget program was developed in the early 1990s, street repairs have been
identified each year. As much as possible, targeted areas are identified at least one year in
advance of any work so that utility systems can be evaluated and any necessary repairs or
adjustments can be made prior to completion of pavement restoration.
Prior to the 2010 construction season, engineering services associated with the street
restoration program had been accomplished with city staff. As a component of the city's larger
effort to reduce costs, outside professional services were utilized to evaluate, design and bid
the city's street projects. In 2011, the street program is being enhanced financially to take
advantage of very favorable bidding conditions. Four rehabilitation projects have been
identified for rehabilitation in 2011, those being:
• Eagle Heights North;
• Raymond Street;
• North/Porter Street, and
• Center/Seneca Street Area
OPERATIONAL ANALYSIS
Although the city council had not approved a 2010 budget that included funds for engineering
design and bidding of street rehabilitation projects for 2011, staff has been directed to move
ahead with the design and bid preparation of a street rehabilitation project for the Raymond
Street area. The Raymond Street area is generally the residential area west of St. Charles Street,
north of U.S. Route 20, east of Wellington Street and south of National Street. There is another
small area associated with this project as well. This area is east of St. Charles Street, north of
May Street, west of Liberty Street and south of and including Yarwood Street.
As is typical with street projects, city owned utilities are evaluated to determine if repairs or
replacement is necessary. It is expected the city will need to do much of the existing water main
within the project limits.There are elements of both the sanitary and storm sewers that require
repairs or replacement as well. It is not possible to estimate the extent of the utility work until
the evaluation is complete. In order to get all the utilities upgraded and construct new curbs,
sidewalks and pavements, the city must start the construction early in 2011. At this time, staff
is anticipating a construction start date of March 1, 2011 and an end date just before
Thanksgiving.
In order to move this project along quickly, staff is utilizing an engineering firm hired earlier this
( year to complete plans, specifications and bid documents on 2010 street projects on the city's
behalf. EEI was one of four firms selected from a request for proposals evaluated less than a
year ago for the 2010 street repair projects. EEI have proven their value to staff with its
exceptional effort on the 2010 Neighborhood Street Resurfacing project. Attached as Exhibit A
is a map of the proposed street rehabilitation area. The contemplated repairs are based on
both need and balancing the 2011 approved funding among four street rehabilitation projects.
Engineering services for the remaining three street projects being considered for the 2011
construction season are addressed in separate memoranda to the city council.
With the attached engineering services agreement, it is being recommended that EEI act as the
city's project manager on the 2011 Raymond Street Neighborhood Street Rehabilitation
project. The engineering effort will include design and bidding services for the replacement of
curb and gutter, sidewalk, pavements, signs, water main upgrades, storm and sanitary sewers,
as necessary, and traffic control for the streets as shown in Exhibit A. Additional effort will be
added by amendment to include the development of construction documents sufficient for the
city to bid the project, provide material testing and construction inspection. A copy of the
proposed engineering services agreement is attached as Exhibit B.
INTERESTED PERSONS CONTACTED
None.
ii►
FINANCIAL ANALYSIS
The City has indicated a desire to take advantage of the excellent bidding atmosphere for
construction projects and 2011 promises to be better from the City perspective as little work is
being proposed for this year by the State due to their funding shortfalls. Staff has proposed
moving programmed funding from 2012 up to 2011 for Riverboat, Water and Sewer Funds to
complete as much as possible during the favorable bidding atmosphere as possible.
The cost of engineering services for design and bidding services for the 2011 Raymond Street
Neighborhood Street Reconstruction project is a not-to-exceed amount of $386,786. Of this
amount, $165,180 will be funded by the 2005 G.O. BOnd Fund and $221,606 will be funded by
the 2006 G.O. Bond Fund .
BUDGET IMPACT
FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT
BUDGETED AVAILABLE
2006 Bond 366-0000-795.93-80 59911G $221,606 $221,606
2005 Bond 365-4000-795.93-41 59911G $112,904 $112,904
1 2005 Bond 365-4200-795.93-41 59911G $52,276 $52,276
LEGAL IMPACT
Approval of the subject agreement is considered an exception to the procurement ordinance
and requires a two thirds vote for approval..
ALTERNATIVE COURSES OF ACTION
The city council could choose to postpone engineering until 2011 and plan for construction in
2012
NEXT STEPS
1. Execute engineering services agreement.
2. Complete design and bid documents
3. Submit lowest qualified bid for council consideration
4. Complete construction during the 2011 construction season.
•
Prepared by: Joe Evers, City Engineer
Reviewed by: David Lawry, Public Services Director
Reviewed by: Colleen Lavery, Chief Financial Officer
Reviewed by: William A. Cogley, Corporation Counsel/Chief Development Officer
Final Review by: Rick Kozal, Assistant City Manager/Chief Operating Officer
Approved by:
-c . .
S n R. Stegall, City Ma er
ATTACHMENTS
A: Project location map
B: Engineering services agreement
C
•
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EXHIBIT A
LOCATION MAP
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EXHIBIT B
ENGINEERING SERVICES AGREEMENT
I
e.. AGREEMENT
THIS AGREEMENT is made and entered into this day of ,2011,by and between
the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and
Engineering Enterprises, Inc.(hereinafter referred to as"ENGINEER").
WHEREAS,the CITY desires to engage the ENGINEER to furnish certain professional services in
connection with 2011 Street Rehabilitation Program—Raymond Street(hereinafter referred to as the
PROJECT); and
WHEREAS, the ENGINEER represents that he is in compliance with Illinois Statutes relating to
professional registration of individuals and has the necessary expertise and experience to furnish
such services upon the terms and conditions set forth herein below.
NOW, THEREFORE, it is hereby agreed by and between the CITY and the ENGINEER that the
CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and
covenants contained herein,the sufficiency of which is hereby acknowledged to act for and represent
it in the engineering matters involved in the PROJECT as described herein,subject to the following
terms and conditions and stipulations,to-wit:
1. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the City Engineer of the
CITY,herein after referred to as the"DIRECTOR".
B. A detailed Scope of Services is attached hereto as Attachment A.
2. PROGRESS REPORTS
A. An outline project milestone schedule is provided hereinunder.
B. A detailed project schedule for the Project is included as Attachment B, attached
hereto. Progress will be recorded on the project schedule and submitted monthly as a
component of the Status Report described in C below.
C. The ENGINEER will submit to the DIRECTOR monthly a status report keyed to the
project schedule.A brief narrative will be provided identifying progress,findings and
outstanding issues.
3. WORK PRODUCTS
All work products prepared by the ENGINEER pursuant hereto including,but not limited to,
reports, designs, calculations, work drawings, studies, photographs, models and
recommendations shall be the property of the CITY and shall be delivered to the CITY upon
request of the DIRECTOR provided, however, that the ENGINEER may retain copies of
such work products for its records. Such work products are not intended or represented to be
suitable for reuse by the CITY on any extension to the PROJECT or on any other project,and
such reuse shall be at the sole risk of the CITY without liability or legal exposure to the
ENGINEER.
2011 Street Rehabilitation Program—Raymond Street
4. PAYMENTS TO THE ENGINEER(Not To Exceed Method)
A. For services provided the ENGINEER shall be paid at the hourly rate for the
classifications of personnel who perform work on this PROJECT,with the total fee
not to exceed$387,000 as estimated in Attachment C regardless of the actual costs
incurred by the ENGINEER unless substantial modifications to the scope of the work
are authorized in writing by the DIRECTOR. The attached Standard Schedule of
Charges dated January 2008 will be utilized for this PROJECT.
B. For outside services provided by other firms or subconsultants, the CITY shall pay
the ENGINEER the invoiced fee to the ENGINEER, plus 0%. Any such fees for
outside services shall be included in the total fee not to exceed.
C. All costs are included in the not to exceed fee,including direct costs and the work to
be performed by Rubino Engineering for the Geotechnical Investigations and XXX
for the televising of the sanitary and storm sewers.
D. The CITY shall make periodic payments to the ENGINEER based upon actual
progress within 30 days after receipt and approval of invoice. Said periodic
payments to the ENGINEER shall not exceed the amounts shown in the following
schedule, and full payments for each task shall not be made until the task is
completed and accepted by the DIRECTOR.
Est. Invoice
Date %Complete Value
November 1 25% $ 96,750 -..
December 1 50% $ 96,750
January 1 75% $ 96,750
February 1 95% $ 77,400
March 1 100% $ 19,350
5. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress
reports (2C above) will be included with all payment requests.
B. The ENGINEER shall maintain records showing actual time devoted and cost
incurred. The ENGINEER shall permit the authorized representative of the CITY to
inspect and audit all data and records of the ENGINEER for work done under this
Agreement. The ENGINEER shall make these records available at reasonable times
during the Agreement period, and for a year after termination of this Agreement.
6. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any
time upon fifteen (15) days prior written notice to the ENGINEER. In the event that this
Agreement is so terminated, the ENGINEER shall be paid for services actually performed
2011 Street Rehabilitation Program—Raymond Street
"sm. and reimbursable expenses actually incurred prior to termination,except that reimbursement
shall not exceed the task amounts set forth under Paragraph 4 above.
7. TERM
This Agreement shall become effective as of the date the ENGINEER is given a notice to
proceed and,unless terminated for cause or pursuant to Article 5,shall be deemed concluded
on the date the CITY determines that all of the ENGINEER'S work under this Agreement is
completed. A determination of completion shall not constitute a waiver of any rights or
claims which the CITY may have or thereafter acquire with respect to any term or provision
of the Agreement.
S. NOTICE OF CLAIM
If the ENGINEER wishes to make a claim for additional compensation as a result of action
taken by the CITY,the ENGINEER shall give written notice of his claim within 15 days after
occurrence of such action. No claim for additional compensation shall be valid unless so
made. Any changes in the ENGINEER's fee shall be valid only to the extent that such
changes are included in writing signed by the CITY and the ENGINEER. Regardless of the
decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work
required under this Agreement as determined by the DIRECTOR shall proceed without
interruption.
9. BREACH OF CONTRACT
If either party violates or breaches any term of this Agreement,such violation or breach shall
be deemed to constitute a default, and the other party has the right to seek such
r administrative, contractual or legal remedies as may be suitable to the violation or breach;
and,in addition, if either party,by reason of any default,fails within fifteen(15)days after
notice thereof by the other party to comply with the conditions of the Agreement,the other
party may terminate this Agreement. Notwithstanding the foregoing or anything else to the
contrary in this agreement,with the sole exception of the monies the CITY has agreed to pay
to the ENGINEER pursuant to Section 4 hereof, no action shall be commenced by the
ENGINEER or any other related entity against the CITY for monetary damages.
10. INDEMNIFICATION
To the fullest extent permitted by law,ENGINEER agrees to and shall indemnify,defend and
hold harmless the CITY,its officers,employees,agents,boards and commissions from and
against any and all claims, suits,judgments, costs, attorneys fees, damages or other relief,
including but not limited to workers compensation claims, in any way resulting from or
arising out of negligent actions or omissions of the ENGINEER in connection herewith,
including negligence or omissions of employees or agents of the ENGINEER arising out of
the performance of this Agreement. In the event of any action against the CITY,its officers,
employees, agents, boards or commissions, covered by the foregoing duty to indemnify,
defend and hold harmless such action shall be defended by legal counsel of the CITY's
choosing. The provisions of this paragraph shall survive any expiration,completion and/or
termination of this Agreement.
2011 Street Rehabilitation Program—Raymond Street
0
11. NO PERSONAL LIABILITY
No official,director,officer,agent or employee of the CITY shall be charged personally or
held contractually liable under any term or provision of this Agreement or because of their
execution,approval or attempted execution of this Agreement.
12. INSURANCE
A. Comprehensive Liability. The ENGINEER shall provide,pay for and maintain in
effect,during the term of this Agreement,a policy of comprehensive general liability
insurance with limits of at least $1,000,000 aggregate for bodily injury and
$1,000,000 aggregate for property damage.
The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming
the CITY as additional insured. The policy shall not be modified or terminated
without thirty(30)days prior written notice to the DIRECTOR.
The Certificate of Insurance which shall include Contractual obligation assumed by
the ENGINEER under Article 10 entitled"Indemnification" shall be provided.
This insurance shall apply as primary insurance with respect to any other insurance or
self-insurance programs afforded to the CITY. There shall be no endorsement or
modification of this insurance to make it excess over other available insurance,
alternatively,if the insurance states that it is excess or prorated,it shall be endorsed
to be primary with respect to the CITY.
B. Comprehensive Automobile Liability. Comprehensive Automobile Liability
Insurance covering all owned,non-owned and hired motor vehicles with limits of not
less than$500,000 per occurrence for damage to property.
C. Combined Single Limit Policy. The requirements for insurance coverage for the
general liability and auto exposures may be met with a combined single limit of
$1,000,000 per occurrence subject to a$1,000,000 aggregate.
D. Professional Liability. The ENGINEER shall carry Engineers Professional Liability
Insurance Covering claims resulting from error, omissions or negligent acts with a
combined single limit of not less than$1,000,000 per occurrence.A Certificate of
Insurance shall be submitted to the DIRECTOR as evidence of insurance protection.
The policy shall not be modified or terminated without thirty(30)days prior written
notice to the DIRECTOR.
13. CONSTRUCTION MEANS,METHODS,TECHNIQUES,SEQUENCES,
PROCEDURES AND SAFETY
The ENGINEER shall not have control over or charge of and shall not be responsible for
construction means,methods,techniques,sequences or procedures,or for safety precautions
and programs in connection with the construction,unless specifically identified in the Scope
of Services.
2011 Street Rehabilitation Program—Raymond Street
14. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement,there shall be no
discrimination against any employee or applicant for employment because of sex,age,race,
color,creed,national origin,marital status,of the presence of any sensory,mental or physical
handicap, unless based upon a bona fide occupational qualification, and this requirement
shall apply to, but not be limited to, the following: employment advertising, layoff or
termination,rates of pay or other forms of compensation and selection for training,including
apprenticeship.
No person shall be denied or subjected to discrimination in receipt of the benefit of any
services or activities made possible by or resulting from this Agreement on the grounds of
sex,race,color, creed, national origin,age except minimum age and retirement provisions,
marital status or the presence of any sensory,mental or physical handicap. Any violation of
this provision shall be considered a violation of a material provision of this Agreement and
shall be grounds for cancellation, termination or suspension, in whole or in part, of the
Agreement by the CITY.
15. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the successors and
the assigns of the parties hereto; provided, however, that no assignment shall be made
without the prior written consent of the CITY.
16. DELEGATIONS AND SUBCONTRACTORS
Any assignment,delegation or subcontracting shall be subject to all the terms,conditions and
other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with
respect to each and every item,condition and other provision hereof to the same extent that
the ENGINEER would have been obligated if it had done the work itself and no assignment,
delegation or subcontract had been made. Any proposed subcontractor shall require the
CITY's advanced written approval.
17. NO CO-PARTNERSHIP OR AGENCY
This Agreement shall not be construed so as to create a partnership, joint venture,
employment or other agency relationship between the parties hereto.
18. SEVERABILITY
The parties intend and agreed that,if any paragraph,sub-paragraph,phrase,clause or other
provision of this Agreement, or any portion thereof, shall be held to be void or otherwise
unenforceable, all other portions of this Agreement shall remain in full force and effect.
19. HEADINGS
The headings of the several paragraphs of this Agreement are inserted only as a matter of
convenience and for reference and in no way are they intended to define,limit or describe the
scope of intent of any provision of this Agreement, nor shall they be construed to affect in
any manner the terms and provisions hereof or the interpretation or construction thereof.
2011 Street Rehabilitation Program—Raymond Street
4110
• .-
20.
20. MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes the entire Agreement of the parties on the
subject matter hereof and may not be changed,modified,discharged or extended except by
written amendment duly executed by the parties. Each party agrees that no representations or
warranties shall be binding upon the other party unless expressed in writing herein or in a
duly executed amendment hereof,or change order as herein provided.
21. APPLICABLE LAW
This Agreement shall be deemed to have been made in,and shall be construed in accordance
with the laws of the State of Illinois. Venue for the resolution of any disputes or the
enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane
County, Illinois.
22. NEWS RELEASES
The ENGINEER may not issue any news releases without prior approval from the
DIRECTOR, nor will the ENGINEER make public proposals developed under this
Agreement without prior written approval from the DIRECTOR prior to said documentation
becoming matters of public record.
23. COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants in the CITY's employ or any
work associated with the PROJECT.
24. INTERFERENCE WITH PUBLIC CONTRACTING
The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result
of a violation of 720 ILCS 5/33E et seq.or any similar state or federal statute regarding bid
rigging.
25. SEXUAL HARASSMENT
As a condition of this contract,the ENGINEER shall have written sexual harassment policies
that include, at a minimum, the following information:
A. the illegality of sexual harassment;
B. the definition of sexual harassment under state law;
C. a description of sexual harassment,utilizing examples;
D. the vendor's internal complaint process including penalties;
E. the legal recourse,investigative and complaint process available through the Illinois
Department of Human Rights, and the Illinois Human Rights Commission;
F. directions on how to contact the department and commission;
•
G. protection against retaliation as provided by Section 6-101 of the Human Rights Act.
2011 Street Rehabilitation Program—Raymond Street
A copy of the policies shall be provided by ENGINEER to the Department of Human Rights
upon request 775 ILCS 5/2-105.
26. WRITTEN COMMUNICATIONS
All recommendations and other communications by the ENGINEER to the DIRECTOR and
to other participants which may affect cost or time of completion,shall be made or confirmed
in writing. The DIRECTOR may also require other recommendations and communications
by the ENGINEER be made or confirmed in writing.
27. NOTICES
All notices,reports and documents required under this Agreement shall be in writing and
shall be mailed by First Class Mail,postage prepaid, addressed as follows:
A. As to CITY:
JOSEPH EVERS,P.E.
City Engineer
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER:
BRADLEY P. SANDERSON,P.E.
Vice President
Engineering Enterprises, Inc
52 Wheeler Road
Sugar Grove, Illinois 60554
28. COMPLIANCE WITH LAWS
Notwithstanding any other provision of this AGREEMENT it is expressly agreed and
understood that in connection with the performance of this AGREEMENT that the
ENGINEER shall comply with all applicable Federal,State,City and other requirements of
law,including,but not limited to, any applicable requirements regarding prevailing wages,
minimum wage, workplace safety and legal status of employees. Without limiting the
foregoing, ENGINEER hereby certifies, represents and warrants to the CITY that all
ENGINEER'S employees and/or agents who will be providing products and/or services with
respect to this AGREEMENT shall be legal residents of the United States. ENGINEER shall
also at its expense secure all permits and licenses, pay all charges and fees and give all
notices necessary and incident to the due and lawful prosecution of the work, and/or the
products and/or services to be provided for in this AGREEMENT. The CITY shall have the
right to audit any records in the possession or control of the ENGINEER to determine
ENGINEER'S compliance with the provisions of this section. In the event the CITY
proceeds with such an audit the ENGINEER shall make available to the CITY the
ENGINEER'S relevant records at no cost to the CITY.
IN WITNESS WHEREOF,the parties hereto have entered into and executed this agreement
effective as of the date and year first written above.
2011 Street Rehabilitation Program—Raymond Street
C
FOR THE CITY: FOR THE ENGINEER:
By By
City Manager
Attest:
City Clerk
•
2011 Street Rehabilitation Program—Raymond Street
•
I
Attachment A
DESIGN, ADMINISTRATION &
PLANNING ENGINEERING ACTIVITIES
1. OVERALL
I. General:The Design Engineer will serve as the City of Elgin's representative for the
entire design and administration of the planning for the project as assigned by the City.
As such he will function as an extension of the City's staff and be responsible for
overall implementation and management of the project. The Design Engineer shall
include implementation of City policies,program administration, coordination and
monitoring of consultants and contractors providing overall management control and
direction to insure completion of the bidding and planning documents in accordance
with the City's objectives of cost,time and quality.The Design Engineer will work
closely with and report to the City Engineer or his designee. It shall be understood
that the Design Engineer will act as the City Engineer on this project and shall
coordinate with other City entities such as the Legal Department, City Clerk,
Purchasing Director,Water Director, Sewer Director and Street Director. The Design
Engineer shall be responsible for acting as the City Engineer on this project in regards
to Federal, State and County issues as well.
2. Law: The Design Engineer is expected to understand all State, County and City Laws
governing the implementation of his bidding and planning documents.
2. DESIGN
1. Preliminary Design:
a. Project Location:
Exhibit A establishes the streets and/or areas to be included in the Design
Engineer's bidding and planning documents.
b. Project Kickoff:
• Establish lines of communication.
• Present a work plan for the project including schedule milestones, design
criteria(utilize existing standard City contract as a base model), list of
information needed to begin design.
• Acquire existing information including previous reports,plans of recent
development and relevant site information
- Collect water, sanitary and storm atlases
2011 Street Rehabilitation Program—Raymond Street
- Interview and document same, the Sewer,Water and Street Departments
for their knowledge of issues within the project location.
- Collect and analyze public utility records and notify utility of pending
project.
c. Inspection of Project Location:
The Design Engineer shall provide site inspection of the entire area as well as
immediately adjacent area. The following shall be included;
• Televising of all sanitary and storm sewers
• Physical inspection of all manholes, valve vaults, catchbasins, inlets,
electrical vaults.
• Video recording of existing improvements within and adjacent to the project
location. Also,private property as it abuts the project.
• Complete geotechnical investigations where deemed necessary.
• Signage inventory.
• Pavement marking inventory.
• Tree inventory.
• Lighting inventory.
d. Additional Work Items:
The Design Engineer shall also perform the following tasks;
• Review the City's Bike Path Master Plan and incorporate improvements into
the Project.
• Evaluate the use of Concrete Pavement versus Hot-Mix Asphalt on
Raymond Street.
• Evaluate the width of pavement on Raymond Street and present lane and
width options to the City.
e. Scope of Work Refinement:
Based upon the collection of the above information, the Design Engineer shall
refine the scope of work,including an estimate of cost, and obtain approval from
the City. The Design Engineer shall include alternatives sufficient to insure the
base bid will be below the total budget(when considering testing,publications,
inspections and other typical costs found in construction projects).
f. Construction Documents:
Design Engineer will complete plan sheets as necessary, construction estimates,
construction specifications,bid and contract documents utilizing a City format.
Any alterations or additions to the City format shall be highlighted and fully
explained to the City Engineer or his representative. Plan sheets shall be
provided for all underground work including water main, storm sewer and sanitary
improvements.
e. Scheduling:
2011 Street Rehabilitation Program—Raymond Street
For this agreement, the Design Engineer shall develop a schedule for all steps
from execution of this agreement to contract award. The schedule shall be
updated at a miniumum of every two weeks and submitted to the City Engineer or
his designee.
g. Surveying:
The Design Engineer shall provide a topographic survey of the portions of the
project that require water,storm and/or sanitary sewer construction or
replacement. The survey shall also pick up existing underground improvements
that the City is not improving if the City does not have as constructed drawing for
same. Base plan sheets will be developed from this survey at a scale of l"=-50'.
h. Construction Estimate:
The Design Engineer shall prepare several estimates related to the work the City
desires to have completed under this project. Separate estimates are required for
each of the utilities and separate locations should the project include multiple
locations. In addition,the Design Engineer shall set the project estimates up to
allow for alternates to insure a project may be bid and awarded as close to the
budget as possible.
h. Agency coordination:
At a minimum,the Design Engineer shall schedule meetings with the City and any
other interested agency, at about the midway point in their plan and specification
development to insure they are meeting the expectations of the City. A second
meeting shall be held with the City at approximately 95%completion to finalize
the bid, specifications and planning documents.
The Design Engineer shall prepare any and all necessary permits and documents
required by the Illinois Environmental Protection Agency, Illinois Department of
Transportation, or any other governmental agency that has a regulatory interest in
the project.
The Design Engineer shall coordinate with all public utility companies including
verification of the soundness of their structures and any potential
relocations/delays.
i. Open House:
The Design Engineer shall locate, schedule and hold an open house for the
properties abuting the project location. The Design Engineer shall hand deliver
or U.S. Mail to each abutting property a notice of this open house a minimum of
seven calendar days in advance.
3. BIDDING
a. Design Engineer shall prepare bid forms,notices and addendum as necessary for
bidders.
•
b. Design Engineer shall coordinate with the local newspaper to insure the notice is
published 10 days in advance of the bid opening.
c. Design Engineer shall provide(25)sets of drawings and specifications to be
issued by the City to prospective bidders.
d. Design Engineer shall attend pre-bid meeting with prospective bidders to provide
clarification for issues and concerns from bidders. The Design Engineer will also
distribute minutes from pre-bid meeting to the City and all meeting attendees with
written answers to concerns/questions from the meeting.
e. The Design Engineer will receive bidder questions and requests for clarification.
Based on these questions and requests, the Design Engineer will prepare addenda
as necessary to respond to the questions presented. Addenda will be issued to the
City for distribution to the bidders.
f. Design Engineer shall attend the bid opening and evaluate the bids and bidders to
determine if the bids were submitted in accordance with the contract documents
and if the bidders are qualified to perform the work. Following this review, a
,recommendation will be presented to the City for award of the construction
contracts.
g. Design Engineer shall prepare tabulation of bids for distribution to City agencies
and interested bidders.
h. Design Engineer shall assist the City in the preparation of six (6) copies of final
contracts for execution by the successful bidder and the City.
EXHIBIT 1
OF ATTACHMENT A
2011 Street Rehabilitation
Raymond St
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ATTACHMENT B-PROJECT SCHEDULE:FOR'
. 201.1 STREET REHABILITATION PROGRAM-RAYMOND STREET
Ci• ty of Elgin,IL
2010 2011 ,
•
Se•. Oct. Nov. Dec. Jan, Feb. March April Ma June July. AUs 'St' Seat. Oct. Nov. Dec. '
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Finalize Pro'set Maria..ment Documents 1'►. },q � 11® ®
Conduct Towatra.hlc Surve n f,+`i11 •: :•::':.:g1g1
Field Review,Videotape Site Conditions,Structure Inspection and Televising r°�N,r �� �Y�11 �®�
Coordination with Utility Com•-nies ry ulli a ®E •
Obtain Soil Bonn s and Pavement Cores yf`(F � .®fi® •
Geometry and Pavement DesignAnalysis titL1•i i • • ®!1
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Prere PreliminaryExhibits and Estimates • • =:'. • • • ''' -' •.': • :: • -Meetin•swithCit De.=rtments for Sco :Review
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Pre•:ration of Quantities and Estimates i—�r 1hti a L't.? ell
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(Note-Project Manager Will Attend Pre Construction Conference) .
— _ - - .. _ _ I
•
LEGEND
Proposal Stager 11!.&��!u Review(s) •
Preliminary&Final Design REM;:' Bidding and Contracting
Project Management and QC/QA Review(s);".i:il:' Construction
Meeting(s)MN
ENGINEERING ENTERPRISES,INC. DATE: `12010
CONSULTING ENGINEERS ENTEREO BY: /BPS
.1achment C
ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST
PROFESSIONAL ENGINEERING SERVICES
2011 Street Rehabilitation Program-Raymond Street
City of Elgin,Illinois
ENGINEERING DRAFTING SURVEYING ADMIN. WORK
WORK SENIOR SENIOR SENIOR SENIOR REM COST
ITEM PRINCIPAL PROJECT PROJECT PROJECT PROJECT CAD PROJECT PROJECT PROJECT SENIOR HOUR PER
NO. WORK ITEM ENGINEER MANAGER MANAGER ENGINEER ENGINEER MANAGER TECHN. TECHN. SURVEYOR SURVEYOR TECHN. SECRET. SUMM. REM
A SCOPE OF WORK-STREETS
Al Gather and Review Existing Information 4 8 6 8 2 30 $ 3,780
A2 Site Visit-Videotape Existing Conditions and Inspect Storm Sewer Structures 18 20 80 118 $ 13,358
A3 Site Visit-Signage Inventory 4 B 16 28 S 3.288
A4 Meetings with Pubic Works-Streets Department 6 8 8 2 20 $ 3,420
. A5 5100 Sewer Televising and Condition Review 8 24 32 $ 4,128
AS Evaluate Pavement Material Alternatives-Reymond Street 16 16 32 $ 3,938
A7 Evaluate Pavement Width Alternatives-Raymond Street 16 16 32 3 3,938
A8 Preparation of Preliminary Exhibits and Estimates 4 8 18 16 16 60 $ 7,224
A9 Topographic Survey 4 25 75 104 $ 10,452
A10 Prepare Deleted Drawings and Specifications 16 120 200 350 200 2 688 $ 103,908
All Prepare Summary of Quantities and Estimate of Consbuclion Costs 8 32 32 72 5 8,592
Al2 QC/QA Reviews 16 16 20 53 $ 7,752
A13 NPDES Permitting 4 6 4 2 16 $ 2,004
A14 Advertisement,Letting,Bid Review,Contracting 2 18 B 8 34 $ 4,164
Aly Project Administration(Status Meetings,Coordination,Project Management) 16 40 8 4 32 100 $ 11,904
ROADWAY SUBTOTAL 66 16 296 316 068 0 224 0 26 0 76 48 1,624 $ 191,866
B SCOPE OF WORK-SEWER
81 Gather and Review Existing Information 4 8 16 2 30 $ 3,636
82 Site Visit and Sanitary Sewer Structure Inspection 8 20 /0 68 S 7,944
83 Meetings with Public Works-Sewer Department a _ 8 8 2 26 $ 3,120
84 Televising and Condition Review , 8 24 32 84,126
B5 Prepare Detailed Drawings and Specifications 8 8 24 20 2 62 $ 7,305
BB Prepare Summary of Quantities and Estimate of Construction Coats 2 B 10 ; 1,140
B7 OC/QA Reviews 4 4 8 5 1,200
SANITARY SUBTOTAL 24 0 48 44 94 0 20 0 0 0 9 6 236 $ 26,776
C SCOPE OF WORK-WATER
Cl Gather end Review Existing Information 4 a 32 2 46 $ 5,364
C2 Meetings with Public Works-Water Department 6 a 2 18 6 2,558
C3 Topographic Survey 4 126 375 604 $ 60,062
G4 Prepare Detailed Dravrirlgs end Specifications BO 140 120 2 342 $ 39278
C5 Prepare Summary of Quantities and Estimate of Construction Costs 24 40 64 $ 7,632
CO QC/QA Reviews 4 8 8 20 $ 2,952
C7 TEPA Permitting 4 8 2 14, $ 1,572
WATER SUBTOTAL 18 8 126 0 210 0 120 0 125 0 375 a 1,008 $ 109,404
I PROJECT TOTAL I 10e E 24 I 478 1 360 I 574 1 0 1 364 1 0 1 150 1 0 I 460 1 62 I mai 8 330,038
C,Cba.e.is•ea.dYwM..-1r.30.1E unn nwH•p.ln4.r..,...8.8twemx`1C.8r.apaweaslernraH
FEE SCHEDULE AS OF 01101108 DIRECT COSTS
Prkroipal Engineer E3 106 hers 45 $162 per hour• $17,172 Printing• $ 2,000
Senior Project Manager E-2 24 hours 0 5150 per hour• $3,600 Supplies 8 Mise.• $ 250
Project Manager E-1 478 hours ea $138 per hour. $65,054 Vehide Charges• $ 2,500
Senior Proles Engineer/Surveyor P3 510 hags W $126 per hour• $84,260 SewerTeleasing•'.8.:":%^.145000
Project Engineer/Surveyor P.4 874 hove Et $108 per hour= $94,392 Oeotechnbel Investigation(corp). $ 5,000
Senior Engineer/Surveyor P3 0 hots @ 599 per has= 50 Geotechnical Investigation(babas). $ 7,000
Engneer!Swveyor P-2 0 hors 0 $90 per hour• $0 DIRECT EXPENSES. $ 66,750
Associate Engineer/Surveyor P-1 0 hours ® set par has. SO
CAD Manager E.1 0 hen 86 $138 per her• 50 TOTAL LABOR COSTS
Senior Project Technidan 1-5 364 hours $0 $108 per hour• 639,312 Engineering Expenses• $ 226,4135
Protect Technician T'4 0 hors Q $99 per hour• 50 Drafting Expenses• $ 39,312
Senior Technician T-3 450 hour ee $90 per hour-, $40,500 Sorvevles Expeneee- S 59,400
Technician T-2 0 hour 45 581 per hour- 30 Administrative Expenses= $ 4,836
Associate Tedviclan T-1 0 hours 4 572 per her= 50 TOTAL LABOR EXPENSES= $ 330,038
Secretary A-3 62 _ hove 45 578 per hors= 54,835
HOURLY TOTAL= 2888 TOTAL EEI LABOR• 5330,036 TOTAL COST-BY DEPARTMENT
TOTAL COSTS(STREETS). $ 221,608
Note I-All fees for printing,eupplias,transportation end cores earbuled to STREETS'category. TOTAL COSTS(SEWER)• $ 52,276
Note 2-Fees for borings sprit between water end sewer. TOTAL COSTS ATER• 112 904
Note 3-Fees for televising spit between streets end sewer. OTAL PROJECT COST• 358,786
• • j
2
i
ELGIN
THE CITY IN THE SUBURBS'
Date: October 18, 2010
To: Joe Evers, City Engineer
From: Jennifer Quinton, Deputy City Clerk
Subject: Resolution Nos. 10-188 through 10-191, Adopted at the October 13, 2010,
Council Meeting
Enclosed you will find the agreement listed below. Please retain a copy for your records. If you
have any questions please feel free to contact our office 847-931-5660 and we will do our best to
assist you. Thank you.
• Agreement with Burns & McDonnell Engineering Company, Inc. for 2011 Eagle Heights
North Water Main and Street Rehabilitation Project
• Agreement with Hampton Lenzini and Renwick, Inc. for 2011 Center/Seneca
Neighborhood Street Rehabilitation Project
• Agreement with Engineering Enterprises, Inc. for 2011 Street Rehabilitation Program-
Raymond Street
• Agreement with Christopher B. Burke Engineering, Ltd. for 2011 North Street/Porter
Street Neighborhood Street Rehabilitation Project