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11-53 • I Resolution No. 11-53 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DIXON ENGINEERING, INC. (Construction Phase of the Shales Parkway Two Million Gallon Elevated Water Tower Project) BE IT 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 Dixon Engineering, Inc. for engineering services in connection with the Construction Phase of the Shales Parkway Two Million Gallon Elevated Water Tower Project, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: March 23, 2011 Adopted: March 23, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk a AGREEMENT THIS AGREEMENT is made and entered into this 23 day of March , 2011, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and_Dixon Engineering, Inc. (hereinafter referred to as"ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the Consultant Engineering Services for the Construction Phase of the Shales Parkway Two Million Gallon Elevated Water Tower(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 Water Department Director of the CITY, herein after referred to as the "DIRECTOR". B. The Engineer shall furnish professional engineering services pertinent to the construction observation, resident inspection, and submission of construction report for the two million gallon Shales Parkway water tower painting project. C. A detailed Scope of Services is made a part hereof and is included in Schedule A. 2. PROGRESS REPORTS A. A detailed project schedule for the Project is made a part hereof and is included in Schedule A. B. The ENGINEER will submit to the DIRECTOR weekly 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. 1 ! t 4. PAYMENTS TO THE ENGINEER A. The CITY shall pay the ENGINEER for services under this Agreement not to exceed the sum of$52,038.00 Dollars, regardless of actual Costs incurred by the ENGINEER unless substantial modifications to the project are authorized in writing by the DIRECTOR. B. 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 attached Schedule B, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. 5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (2B 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. 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 2 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. 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. 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. 3 B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than $1,000,000 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, except for the actual inspection and on-site observation done by the Consultant Engineer itself. 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 4 and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advance 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, except as may be specifically provided for herein. 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. 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. 5 1 r 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. 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: Kyla B. Jacobsen Water Director City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: Brad Schotanus Dixon Engineeriing. Inc. 9620 State Route 34, Suite B Yorkville, IL 60560 6 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. ENGINEER shall pay any and all costs associated with any such audit. 29. INTEREST ENGINEER hereby waives any and all claims to interest on money claimed to be due pursuant to this Agreement, and any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act, as amended (50 ILCS 505/1, et seq.), or the Illinois Interest Act, as amended (815 ILCS 205/1, et seq.). 30. LIMITATION OF ACTIONS ENGINEER shall not be entitled to, and hereby waives, any and all rights that it might have to file suit or bring any cause of action or claim for damages against the CITY and/or its affiliates, officers, employees, agents, attorneys, boards and commissions of whatsoever nature and in whatsoever forum after two (2) years from the date of this Agreement. IN WITNESS WHEREOF, the parties hereto have entered into and executed this agreement effective as of the date and year first written above. FOR THE CITY: FOR THE IIGINEER: 1 By .d i /A/% By I , - Cit,' anager / Attest: U l cf_ Pr()sO e 7 f City Clerk 7 SCHEDULE A Engineering and Inspection Services 2,000,000 gallon spheroid, Shales Parkway Elgin,Illinois Project Administration: 1. Project administration for the purpose of coordinating the inspection program, local inspector assistance, secretarial services, shop drawing review, and project finalization. 2. Review contractor's Schedule of Values and work schedule. 3. Attend a pre-bid meeting. Answer questions concerning technical specifications. 4. Review shop drawings for compliance with technical specifications. 5. DIXON shall record a written record of all Project meetings with the Owner. Meeting minutes shall be submitted to the Owner not more than 10 days after the meeting. 6. Perform services expected of Engineer and detailed in the EJCDC General Conditions. II. Pre-construction Meeting: 1. Attend a pre-construction meeting, and distribute minutes to major participants. Topics of discussion will include contractor's: a. emergency response plan, b. responsibilities to the Owner, c. responsibilities to her/his workers, d. responsibilities to the public e. inspection start time f. inspection schedule g. liquidated damages h. Contractor's site specific Lead, Health, and Safety Plan i. Who Contractor's designated OSHA competent person for lead, health and safety 2. Contractor will have submittals which are to be submitted 10 days prior to the pre-construction meeting. Some of these include: Contractor's schedule, ventilation,fall prevention, confined space, waste hauler certifications, welder certifications, etc. These will be reviewed prior to meeting and only deficiencies discussed. III Daily Inspection Services: 1. Review contractor's crew size and equipment for ability to meet specification requirements and time constraints. 2. Review abrasive and coating materials for approved manufacturers. 3. Inspect compressed air at blast nozzle for cleanliness(i.e. oil, moisture). 5 4. Measure surface profile created by abrasive blast cleaning by compressive tape or surface comparator. 5. Inspect abrasive blast cleanliness for specification requirements using SSPC Visual Standards, latest edition thereof. 6. Review coating mixing,thinning, and manufacturer's application requirements. 7. Monitor environmental conditions prior to and during coating application(i.e. ambient temperature, surface temperature, relative humidity, and dew point). 8. Inspect applied coating for dry film thickness,coverage, uniformity,holidays,and cure. 9. Collect appropriate samples for pre-disposal laboratory testing. 10. Prepare daily inspection report detailing above mentioned items and daily progress. IV One year anniversary(Warranty)Inspection by dive method: A. Scope of Services Performed by Owner: 1. The Owner is not required to provide personnel to climb the tank; however, he is welcome to do so. A hardhat is required on this employee and any employee on the ground. DIXON does carry additional safety harnesses which can be used by the Owner's personnel;however, if the tank contains a fall prevention device, that device should be used. DIXON personnel carry their own personal safety equipment for that purpose. DIXON will assist the Owner's personnel in inspecting the exterior of the tank on the balcony and roof. 2. Operate the system at higher capacity or near overflow with the tank out-of- service or with minimum positive flow. 3. Perform free chlorine residual and bacteriological testing. 4. By signing this contract, it is understood the Owner's personnel are covered by the Owner's insurance and is not a responsibility of DIXON's insurance. B. Scope of Services Performed by Professional: 1. Inspect submerged interior surfaces for deteriorating of coating, if any. Quantify all findings for presentation to Contractor. 2. Review all exposed interior roof and sidewalls surfaces by inflatable raft for corrosion and/or damage, and quantify damage for repair. 3. Inspect exterior surfaces to determine extent of paint intactness and quantify any damage. 6 4. Prepare and submit a letter report(2 copies)detailing condition of items inspected and recommendations concerning the above work, if any, and recommendations for the next maintenance inspection. 7 METHOD FOR ANALYSIS AND INSPECTION SERVICES: SURFACE PREPARATION AND COATING APPLICATION PHASE: RFP requires this service to be full time: Review contractor's crew size and equipment for ability to meet specification requirements and time constraints. Review abrasive and coating materials for approved manufacturers. Inspect compressed air for cleanliness(i.e. oil, moisture). Measure surface profile created by abrasive blast cleaning by compressive tape or surface comparator. Inspect abrasive blast cleanliness for specification requirements using SSPC Visual Standards. Daily review coating mixing, thinning, and manufacturer's application requirements. Monitor environmental conditions prior to and during coating application (i.e. ambient temperature, surface temperature, relative humidity, and dew point). Inspect applied coating for dry film thickness, coverage, uniformity, holidays, and cure. Prepare daily inspection report detailing above mentioned items and daily progress. Finalization: Examine the overall project for possible damage caused by equipment removal. Review all contract items to assure they have been completed according to contract requirements. Visit to finalize the project to assure all items in the contract specifications have been completed, and the quality of workmanship meets contract requirements. A ONE YEAR WARRANTY INSPECTION IS RECOMMENDED BEFORE THE CONTRACTOR RETURNS TO REPAIR ANY DAMAGES CAUSED BY ICE, MANUFACTURER'S DEFECTS, ETC. WHEN AN INDEPENDENT INSPECTION IS COMPLETED THE REPORT WOULD DETERMINE IF A RETURN BY THE CONTRACTOR WAS NECESSARY. This service is included in the services and fees requested. ESTIMATED TIME LINE. Dixon does not plan the time line when we did not prepare the specifications. Each Contractor works their projects with their own method of containment& installation, making repairs, removing existing coating, and recoating. We assume the specifications have given a start date and a final completion date so the following is a rough estimate. Week 1: Contractor to install containment Week 2- 10: Preconstruction meeting. Contractor to start abrasive blast cleaning and primer application Project continues Week 10: Substantial Completion Week 11: Tank back on line • SCHEDULE B Engineering and Inspection Services 2,000,000 gallon spheroid, Shales Parkway Elgin,Illinois The agreement is between Dixon Engineering, Inc. (DIXON)and the City of Elgin,Illinois (OWNER)to contract with DIXON for technical services for the Engineering and Inspection of the Rehabilitation of Shales Parkway tank(Project). This agreement inclusive together with any expressly incorporated appendix or Schedule, constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. This agreement includes pages 1 through 4 and Schedules A, B, and C. BASIC AGREEMENT DIXON shall provide, or cause to be provided, services detailed in Scope of Services and OWNER agrees to pay DIXON as compensation for their services the not to exceed sum fee of Fifty Two Thousand,Thirty Eight dollars ($52,038). Terms of charges and payments per details in Schedule B. (Prices quoted are subject to change 90 days after proposal date, if not contracted.) 1. Compensation for project administration, Schedule A, Item I, shall be the time and material fee of$2,500. Payment shall be due as project progresses. 2. Compensation for participation at the pre-construction meeting, Schedule A, Item II, shall be the lump sum fee of$500, and will include preparation and travel time. 3. DIXON will provide daily inspection services as outlined in Schedule A, Item III. Compensation for these services is $47,544,estimated using an average of 8 hours on-site daily. This time frame will vary based on contractor speed, contractor activity, complexity of individual inspection, and environmental or neighbor concerns. This estimate is based on a Level II Inspector. All fees are time and material per Schedule C. DIXON will notify the Owner bi-weekly of the "ESTIMATED" remaining budget, and will advise if a change in fees or scope of services is necessary. The fee and scope of services are negotiable between DIXON and the Owner. Typical inspection schedule and associated rates: Daily Inspection: Inspection&travel time 10 hrs. @$75/hr. =$750 Mileage $.70/mi @ 72/mi =$ 50 Secretarial . 5 hr. @$48/hr =$ 24 Proj.Mgmt. .25 hr. @$100/hr. 4 25 Total Estimated Daily Fee $849 Total Estimate Daily Fee $849 X 56 days Total Fee: $47,544 4. ONE YEAR ANNIVERSARY INSPECTION: Fee for Schedule A, Item III, travel time, inspection, and preparation of the report is a fixed fee item of$1,494.. One day inspection: Inspection&travel time 12 hrs. @$75/hr. =$900 (3 staff&4 hrs each) Mileage $.70/mi @ 72/mi =$ 50 Secretarial . 3 hr. @$48/hr =$144 Report Writing. 4 hr. @$100/hr. =$400 Total Estimated Daily Fee $1,494 5. DIXON reserves the right to adjust individual inspection line items as necessary based on the Contractor's performance and pace of work. The total fees for Schedule B, Items#1 through#4,will not be exceeded without prior approval from the Owner. 6. Invoices will be compiled after the 20th of the month and shall include from the 20th of the preceding month to the 20th of the invoiced month. Bimonthly invoicing will be completed on larger projects, or at the Owner's request. 7. All DIXON service invoices which are paid within ten (10) days of date of issue shall be discounted (Owner's favor) one percent (1%). 8. All DIXON service invoices which are outstanding more than sixty(60) days from date of issue shall be assessed (DIXON's favor)one and one half percent(P/2%) per month interest from date thirty days after date of issue. 9. Delay in completing the work which is the responsibility of the Owner and which extends the amount of time required for DIXON to complete their work shall be considered and additional service, and DIXON shall be compensated for this delay under the provisions of Schedule C of the contract. 10. Requests for attending council meetings shall be forthcoming from the Owner in writing unless other arrangements are made between the Owner and DIXON. Attendance of council meetings shall be considered an additional service and DIXON shall be compensated under the provisions of Schedule C of the Contract. SCHEDULE C Engineering Services Fees Labor Class Per Hour *Overtime Rate Principal $175.00 Expert Witness (Office, Travel & Court) $185.00 Project Manager $100.00 Registered Professional Engineer $100.00 Certified NACE Inspector $ 90.00 Assistant Project Manager .. $ 80.00 Staff Engineer—Level III $ 72.00 to $85.00 Staff Engineer—Level II . $ 67.00 to $80.00 Staff Engineer—Level I $ 62.00 to $75.00 CAD Supervisor $ 65.00 to $75.00 CAWI or CWI Welding Inspector $ 67.00 to $85.00 Inspector—Level III $ 63.00 to $80.00 Inspector—Level II . $ 60.00 to $75.00 Inspector—Level I $ 55.00 to $70.00 CAD Technician $ 60.00 to $70.00 Secretarial Services . $ 48.00 &expenses Bookkeeping Services . $ 44.00 Project Status Meetings w/Project Engineers and Council or Board Meetings Time and Expenses, Including Preparation Time *All Saturday, Sunday, and holiday inspections are overtime rate. Overtime rate is 1 t/2 time the hourly rate. Overtime rate does not apply to Principal. Expenses: Metropolitan Out—state Mileage $0.70/mile(including tolls)$0.60/mile Meals& Lodging, $105 per diem $95 per diem (may be increased based on location) Without Lodging $35/day $30/day Air Travel Business fare from Grand Rapids Chicago O'Hare or Milwaukee,plus full size car rental Material (gaskets, cathodic protection caps, etc.) Negotiated FEES EFFECTIVE THROUGH JUNE 30,2012 Revised 05/08 10 • r, -tEPORT TO MAYOR &MEMBERS OF CITY COUNCIL ELGIN THE CITY IN THE SUBURBS AGENDA ITEM: 0 MEETING DATE: March 9, 2011 ITEM: Engineering Services Agreement with Dixon Engineering, Inc. for the Shales Parkway Water Tower Painting Project ($52,038) OBJECTIVE: Hiring and engineer to oversee the repainting of the Shales Parkway Water Tower to ensure the work is performed to specifications. RECOMMENDATION: Authorize staff to execute an engineering services agreement with Dixon Engineering, Inc. for the construction phase of the Shales Parkway Water Tower Painting Project in the amount of $52,038. BACKGROUND The city's water towers provide 5.5 million gallons of elevated water storage to facilitate stable system pressure for the water system. Over the years, it has been in the city's best interest to maintain the water storage facilities in good operational condition, in order to sustain reliable system pressure and potable water storage capacity to meet the demands of the residents. OPERATIONAL ANALYSIS The Shales Parkway water tower is the only tower in the city's low pressure zone, and the larg- est elevated water storage tank in the city.The tower was built in 1992 and painted with a coat- ing that was estimated to provide fifteen years of protection to the tower. The tower was in- spected in July of 2009, and the inspection resulted in recommendation to strip the existing coating, recoat the interior and exterior of the tank and perform additional rehabilitation measures to the tower, due to coating failure and aging. rOn February 23, 2011, the city council approved Bid 11-005 which awarded a contract to Jetco Ltd. for the Shales Parkway water tower painting project. fi The department determined that it would be in the city's best interest to engage a tank coating inspection consultant to observe the contractors work. This action would ensure that the city is receiving the acceptable coating product, surface preparation and application procedures. A request for proposals was released to consulting firms familiar with this nature of work and two sealed proposals were received. A committee of department staff was organized to evaluate the proposal documents according to qualifications, scope of services, capabilities, familiarity with the work and past record. A primary firm was selected based on these criteria. The fee proposals were then opened and it was determined that the primary firm offered their scope of services at the best value to the city. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS It is the recommendation from the department to execute an agreement with Dixon Engineer- ing, Inc. for the Consulting Engineering Services for the Construction Phase of the Shales Park- way Two Million Gallon Water Tower Painting Project for the not to exceed amount of$52,038. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT BUDGETED AVAILABLE 2008 G.O. 368-4000-795.93-36 409806 $384,500 $122,234 Bond Projects LEGAL IMPACT A request for proposals was sent to four vendors for Consulting Engineering Services for the Construction Phase for the Shales Parkway Two Million Gallon Elevated Water Tower Painting Project for the water department. Two proposals were received and opened on February 15, 2011. The proposals were evaluated according to qualifications, scope of services, capabilities, familiarity with work and past record. ALTERNATIVES The city council may choose not to award an agreement to the recommended firm and direct staff to observe the painting project. 2 • NEXT STEPS 1. Agreements are executed 2. Painting of tower commences Originators: Eric B. Weiss, Water Operations Engineer I Kyla B.Jacobsen, Water Director Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal,Assistant City Manager/Chief Operating Officer Approved: ,;(Se egall, City Mana ATTACHMENTS A: Engineering Services Agreement Schedule A: Scope of Services Schedule B: Fee for Services Schedule C: Additional Engineering Services Fees 3 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_Dixon Engineering. Inc. (hereinafter referred to as"ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the Consultant Engineering Services for the Construction Phase of the Shales Parkway Two Million Gallon Elevated Water Tower(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 Water Department Director of the CITY, herein after referred to as the "DIRECTOR". B. The Engineer shall furnish professional engineering services pertinent to the construction observation, resident inspection, and submission of construction report for the two million gallon Shales Parkway water tower painting project. C. A detailed Scope of Services is made a part hereof and is included in Schedule A. 2. PROGRESS REPORTS A. A detailed project schedule for the Project is made a part hereof and is included in Schedule A. B. The ENGINEER will submit to the DIRECTOR weekly 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. I 1 4. PAYMENTS TO THE ENGINEER A. The CITY shall pay the ENGINEER for services under this Agreement not to exceed the sum of$52,038.00 Dollars, regardless of actual Costs incurred by the ENGINEER unless substantial modifications to the project are authorized in writing by the DIRECTOR. B. 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 attached Schedule B, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. 5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (2B 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 rik 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. 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 2 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. 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. 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. 3 B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than$1,000,000 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, except for the actual inspection and on-site observation done by the Consultant Engineer itself. 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 riksame extent that the ENGINEER would have been obligated if it had done the work itself 4 and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advance 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, except as may be specifically provided for herein. 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 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. 5 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. 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: Kyla B. Jacobsen Water Director City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: r 6 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. ENGINEER shall pay any and all costs associated with any such audit. 29. INTEREST ENGINEER hereby waives any and all claims to interest on money claimed to be due pursuant to this Agreement, and any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act, as amended (50 ILCS 505/1, et seq.), or the Illinois Interest Act, as amended (815 ILCS 205/1, et seq.). 30. LIMITATION OF ACTIONS, ENGINEER shall not be entitled to, and hereby waives, any and all rights that it might have to file suit or bring any cause of action or claim for damages against the CITY and/or its affiliates, officers, employees, agents, attorneys, boards and commissions of whatsoever nature and in whatsoever forum after two (2) years from the date of this Agreement. IN WITNESS WHEREOF, the parties hereto have entered into and executed this agreement effective as of the date and year first written above. FOR THE CITY: FOR THE ENGINEER: By By City Manager Attest: City Clerk 7 SCHEDULE A Engineering and Inspection Services 2,000,000 gallon spheroid,Shales Parkway Elgin,Illinois Project Administration: 1. Project administration for the purpose of coordinating the inspection program, local inspector assistance, secretarial services, shop drawing review, and project finalization. 2. Review contractor's Schedule of Values and work schedule. 3. Attend a pre-bid meeting. Answer questions concerning technical specifications. 4. Review shop drawings for compliance with technical specifications. 5. DIXON shall record a written record of all Project meetings with the Owner. Meeting minutes shall be submitted to the Owner not more than 10 days after the meeting. 6. Perform services expected of Engineer and detailed in the EJCDC General Conditions. II. Pre-construction Meeting: 1. Attend a pre-construction meeting,and distribute minutes to major participants. Topics of discussion will include contractor's: a. emergency response plan, b. responsibilities to the Owner, c. responsibilities to her/his workers, d. responsibilities to the public e. inspection start time f. inspection schedule g. liquidated damages h. Contractor's site specific Lead, Health,and Safety Plan i. Who Contractor's designated OSHA competent person for lead,health and safety 2. Contractor will have submittals which are to be submitted 10 days prior to the pre-construction meeting. Some of these include: Contractor's schedule, ventilation,fall prevention, confined space, waste hauler certifications,welder certifications, etc. These will be reviewed prior to meeting and only deficiencies discussed. III Daily Inspection Services: 1. Review contractor's crew size and equipment for ability to meet specification requirements and time constraints. 2. Review abrasive and coating materials for approved manufacturers. 3. Inspect compressed air at blast nozzle for cleanliness(i.e. oil,moisture). 5 I 4. Measure surface profile created by abrasive blast cleaning by compressive tape or surface comparator. 5. Inspect abrasive blast cleanliness for specification requirements using SSPC Visual Standards, latest edition thereof. 6. Review coating mixing,thinning,and manufacturer's application requirements. 7. Monitor environmental conditions prior to and during coating application(i.e. ambient temperature, surface temperature,relative humidity,and dew point). 8. Inspect applied coating for dry film thickness, coverage, uniformity,holidays,and cure. 9. Collect appropriate samples for pre-disposal laboratory testing. 10. Prepare daily inspection report detailing above mentioned items and daily progress. IV One year anniversary(Warranty)Inspection by dive method: A. Scope of Services Performed by Owner: 1. The Owner is not required to provide personnel to climb the tank;however,he is welcome to do so. A hardhat is required on this employee and any employee on the ground. DIXON does carry additional safety harnesses which can be used by the Owner's personnel;however,if the tank contains a fall prevention device, that device should be used. DIXON personnel carry their own personal safety equipment for that purpose. DIXON will assist the Owner's personnel in inspecting the exterior of the tank on the balcony and roof. 2. Operate the system at higher capacity or near overflow with the tank out-of- service or with minimum positive flow. 3. Perform free chlorine residual and bacteriological testing. 4. By signing this contract, it is understood the Owner's personnel are covered by the Owner's insurance and is not a responsibility of DIXON's insurance. B. Scope of Services Performed by Professional: 1. Inspect submerged interior surfaces for deteriorating of coating, if any. Quantify all findings for presentation to Contractor. 2. Review all exposed interior roof and sidewalls surfaces by inflatable raft for corrosion and/or damage, and quantify damage for repair. 3. Inspect exterior surfaces to determine extent of paint intactness and quantify any damage. 6 4. Prepare and submit a letter report(2 copies)detailing condition of items inspected and recommendations concerning the above work, if any, and recommendations for the next maintenance inspection. 7 METHOD FOR ANALYSIS AND INSPECTION SERVICES: 411) SURFACE PREPARATION AND COATING APPLICATION PHASE: RFP requires this service to be full time: Review contractor's crew size and equipment for ability to meet specification requirements and time constraints. Review abrasive and coating materials for approved manufacturers. Inspect compressed air for cleanliness(i.e. oil, moisture). Measure surface profile created by abrasive blast cleaning by compressive tape or surface comparator. Inspect abrasive blast cleanliness for specification requirements using SSPC Visual Standards. Daily review coating mixing,thinning, and manufacturer's application requirements. Monitor environmental conditions prior to and during coating application (i.e. ambient temperature, surface temperature,relative humidity, and dew point). 4111) Inspect applied coating for dry film thickness,coverage,uniformity,holidays, and cure. Prepare daily inspection report detailing above mentioned items and daily progress. Finalization: Examine the overall project for possible damage caused by equipment removal. Review all contract items to assure they have been completed according to contract requirements. Visit to finalize the project to assure all items in the contract specifications have been completed, and the quality of workmanship meets contract requirements. A ONE YEAR WARRANTY INSPECTION IS RECOMMENDED BEFORE THE CONTRACTOR RETURNS TO REPAIR ANY DAMAGES CAUSED BY ICE, MANUFACTURER'S DEFECTS, ETC. WHEN AN INDEPENDENT INSPECTION IS COMPLETED THE REPORT WOULD DETERMINE IF A RETURN BY THE CONTRACTOR WAS NECESSARY. This service is included in the services and fees requested. I ESTIMATED TIME LINE. Dixon does not plan the time line when we did not prepare the specifications. Each Contractor works their projects with their own method of containment& installation, making repairs, removing existing coating, and recoating. We assume the specifications have given a start date and a final completion date so the following is a rough estimate. Week 1: Contractor to install containment Week 2- 10: Preconstruction meeting. Contractor to start abrasive blast cleaning and primer application Project continues Week 10: Substantial Completion Week 11: Tank back on line r SCHEDULE B Engineering and Inspection Services 2,000,000 gallon spheroid, Shales Parkway Elgin,Illinois The agreement is between Dixon Engineering, Inc. (DIXON) and the City of Elgin, Illinois (OWNER)to contract with DIXON for technical services for the Engineering and Inspection of the Rehabilitation of Shales Parkway tank(Project). This agreement inclusive together with any expressly incorporated appendix or Schedule, constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. This agreement includes pages 1 through 4 and Schedules A, B, and C. BASIC AGREEMENT DIXON shall provide, or cause to be provided, services detailed in Scope of Services and OWNER agrees to pay DIXON as compensation for their services the not to exceed sum fee of Fifty Two Thousand, Thirty Eight dollars ($52,038). Terms of charges and payments per details in Schedule B. (Prices quoted are subject to change 90 days after proposal date, if not contracted.) 1. Compensation for project administration, Schedule A, Item I, shall be the time and material fee of$2,500. Payment shall be due as project progresses. 2. Compensation for participation at the pre-construction meeting, Schedule A, Item II, shall be the lump sum fee of$500, and will include preparation and travel time. 3. DIXON will provide daily inspection services as outlined in Schedule A, Item III. Compensation for these services is $47,544, estimated using an average of 8 hours on-site daily. This time frame will vary based on contractor speed, contractor activity, complexity of individual inspection, and environmental or neighbor concerns. This estimate is based on a Level II Inspector. All fees are time and material per Schedule C. DIXON will notify the Owner bi-weekly of the "ESTIMATED"remaining budget, and will advise if a change in fees or scope of services is necessary. The fee and scope of services are negotiable between DIXON and the Owner. Typical inspection schedule and associated rates: Daily Inspection: Inspection&travel time 10 hrs. @$75/hr. =$750 Mileage $.70/mi @ 72/mi 4 50 Secretarial . 5 hr. @$48/hr =$ 24 Proj.Mgmt. .25 hr. @$100/hr. _$ 25 Total Estimated Daily Fee $849 Total Estimate Daily Fee $849 X 56 days Total Fee: $47,544 4. ONE YEAR ANNIVERSARY INSPECTION: Fee for Schedule A, Item III, travel time, inspection, and preparation of the report is a fixed fee item of$1,494.. One day inspection: Inspection&travel time 12 hrs. @$75/hr. =$900 (3 staff&4 hrs each) Mileage $.70/mi @ 72/mi =$ 50 Secretarial . 3 hr. @$48/hr =$144 Report Writing. 4 hr. @$100/hr. =$400 Total Estimated Daily Fee $1,494 5. DIXON reserves the right to adjust individual inspection line items as necessary based on the Contractor's performance and pace of work. The total fees for Schedule B, Items#1 through#4, will not be exceeded without prior approval from the Owner. 6. Invoices will be compiled after the 20th of the month and shall include from the 20th of the preceding month to the 20th of the invoiced month. Bimonthly invoicing will be completed on larger projects, or at the Owner's request. 7. All DIXON service invoices which are paid within ten (10) days of date of issue shall be discounted (Owner's favor) one percent (1%). 8. All DIXON service invoices which are outstanding more than sixty(60) days from date of issue shall be assessed (DIXON's favor) one and one half percent (11/2%) per month interest from date thirty days after date of issue. 9. Delay in completing the work which is the responsibility of the Owner and which extends the amount of time required for DIXON to complete their work shall be considered and additional service, and DIXON shall be compensated for this delay under the provisions of Schedule C of the contract. 10. Requests for attending council meetings shall be forthcoming from the Owner in writing unless other arrangements are made between the Owner and DIXON. Attendance of council meetings shall be considered an additional service and DIXON shall be compensated under the provisions of Schedule C of the Contract. SCHEDULE C Engineering Services Fees Labor Class Per Hour *Overtime Rate Principal $175.00 Expert Witness (Office, Travel & Court) $185.00 Project Manager $100.00 Registered Professional Engineer $100.00 Certified NACE Inspector $ 90.00 Assistant Project Manager . $ 80.00 Staff Engineer—Level III $ 72.00 to $85.00 Staff Engineer—Level II . $ 67.00 to $80.00 Staff Engineer—Level I $ 62.00 to $75.00 CAD Supervisor $ 65.00 to $75.00 CAWI or CWI Welding Inspector $ 67.00 to $85.00 Inspector—Level III $ 63.00 to $80.00 Inspector—Level II . $ 60.00 to $75.00 Inspector—Level I $ 55.00 to $70.00 CAD Technician $ 60.00 to $70.00 Secretarial Services . $ 48.00 & expenses Bookkeeping Services . $ 44.00 Project Status Meetings w/Project Engineers and Council or Board Meetings Time and Expenses, Including Preparation Time *All Saturday, Sunday, and holiday inspections are overtime rate. Overtime rate is 1 '/2 time the hourly rate. Overtime rate does not apply to Principal. Expenses: Metropolitan Out—state Mileage $0.70/mile (including tolls)$0.60/mile Meals & Lodging, $105 per diem $95 per diem (may be increased based on location) Without Lodging $35/day $30/day Air Travel Business fare from Grand Rapids Chicago O'Hare or Milwaukee, plus full size car rental Material (gaskets, cathodic protection caps, etc.) Negotiated FEES EFFECTIVE THROUGH JUNE 30, 2012 Revised 05/08 10 . 10h, ELGIN THE CITY IN THE SUBURBS- DATE: March 25, 2011 TO: Eric Weiss, Water Operations Engineer FROM: Jennifer Quinton, Deputy City Clerk SUBJECT: Resolution No. 11-53, Adopted at the March 23, 2011, Council Meeting Enclosed you will find the agreement listed below. Please distribute this agreement to the other party and keep a copy for your records if you wish. 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 Dixon Engineering, Inc. (Construction Phase of the Shales Parkway Two Million Gallon Elevated Water Tower Project)