13-6 Resolution No. 13-6
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
HOMER L. CHASTAIN & ASSOCIATES, LLP FOR ENGINEERING SERVICES
(2013 Hammond Cookane Neighborhood Street Rehabilitation Project)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Sean R. Stegall,City Manager,and Kimberly A. Dewis,City Clerk,be and are hereby authorized and
directed to execute an agreement on behalf of the City of Elgin with Homer L. Chastain &
Associates, LLP for engineering services in connection with the 2013 Hammond Cookane
Neighborhood Street Rehabilitation Project, a copy of which is attached hereto and made a part
hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: January 23, 2013
Adopted: January 23, 2013
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this 23 day of January , 2013,by and between
the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and
Homer L. Chastain & Associates, LLP (hereinafter referred to as "ENGINEER").
WHEREAS,the CITY desires to engage the ENGINEER to furnish certain professional services in
connection with 2013 Hammond Cookane Neighborhood Street Rehabilitation Project(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. The services to be provided by the ENGINEER include:
• Providing site inspection and inventory of City facilities
• Provide site survey for design and plan development
• Provide pavement cores and geotechnical investigations
• Inspect, clean and televise sewers
• Prepare construction documents (following City format)
• Submit IEPA, IDOT and other permits as required
• Provide bid phase support efforts including pre-bid meeting attendance,
addressing bidder questions, assist City in preparation of contract documents
• Provide weekly project updates
• Develop alternative HMA pavement design for bid alternates
• Provide Web Site hosting for various construction projects
C. 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 product prepared by the ENGINEER pursuant hereto including,but not limited to,
reports, plans, 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 product for its records. ENGINEER'S execution of this Agreement shall
constitute ENGINEER'S conveyance and assignment of all right,title and interest,including
but not limited to any copyright interest, by the ENGINEER to the CITY of all such work
product prepared by the ENGINEER pursuant to this Agreement. The CITY shall have the
right either on its own or through such other engineers as determined by the CITY to utilize
and/or amend such work product. Any such amendment to such work product shall be at the
sole risk of the CITY. Such work product is 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.
4. PAYMENTS TO THE ENGINEER (Not To Exceed Method)
A. For services provided the ENGINEER shall be paid at the rate of 2.65 times the
direct hourly rate of personnel employed on this PROJECT,with the total fee not to
exceed $194,600 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.
B. For outside services provided by other firms or subconsultants, the CITY shall pay
the ENGINEER the invoiced fee to the ENGINEER.
C. Reimbursement for field vehicles, CADD computer services, survey consumables
and printing services are included in the not-to-exceed amount.
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.
E. A summary of expected tasks, labor efforts, fees and direct costs is attached as
Attachment C.
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.
- 2 -
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 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.
- 3 -
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.
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
- 4 -
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.
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.
- 5 -
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.
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.
- 6 -
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:
David L. Lawry, P.E.
Homer L. Chastain & Associates, LLP
127 N Wyman Street
Rockford, IL 61101
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.
FOR THE CITY: FOR THE ENG ER:
By By
CiV Manager
Aaes
City Clerk
F:\Public_Works\Engineering\Capital Projects\2013 Street Rehab and Resurfacing\Hammond Cookane\Engineering Agreemeri lower Chastain-
Engineering Services Agreement Final January 9 2013.doc
- 7 -
ATTACHMENT A
DESIGN, ADMINISTRATION &
PLANNING ENGINEERING ACTIVITIES
1. OVERALL.
1. General: The Desgin 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' 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 1 establishes the streets and/or areas to be includes 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, 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
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.
Page 2
c. Inspection of project Location: .
The-Design Engineer shall provide site.inspection of the entire area as well as
immediately adjacent area. The following shad be included;
Televising of all sanitary and 1,500 feet of 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 deem necessary by the Design
Engineer.-.(Anticipate.40 pavement cores and 9 borings for water main
wo=k). .
Signage inventory.
Pavement marking inventory
Trees.inventory,
Lighting inventory,
Video Inspection of entire project.
a. 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). The following
im vements are,antici ated: . .
Provide recommendations for type and extent of pavement rehabilitation .
100%of curb and gutter, sidewalk and aprons will be replaced
Provide alternate HMA mix designs
24 point repairs to sanitary sewer
Include application of pavement rejuvenator in spring of following year
100%water main replacement
e. .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:
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.
Page 3
f. 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 1"=50'.
g. 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 maybe 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. Oaen 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
1. Prepare bid forms,notices and addendum as necessary for bidders.
2. Coordinate with the local newspaper to insure the notice is published 10 days in
advance of the bid opening.
3. Provide(25) sets of drawings and specifications to be issued by the City to
prospective bidders.
Page 4
4. Attend pre-bid meeting with prospective bidders to provide.clarification for issues
and concerns from bidders. The 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.
5. The selected Engineer will receive bidder questions and requests for clarification.
Based on these questions and requests,the selected Engineer will prepare
addenda as necessary to respond to the questions presented. Addenda will be
issued to the City for distribution to the bidders.
6. 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..
7. Prepare.tabulation of bids for distribution to City agencies-and interested bidders.
8. Assist the City in the preparation of six(6)copies of final contracts for execution
by the successful bidder and the City.
4. SPECIAL SERVICES.
1. WEB Page Hosting:
a. Web Site Design and Setup
Effort covers development of construction project web site to track schedules,
contacts, anticipated and completed work and otherproject related documentation
for public viewing.
b. Project Documentation and Updates
Establish lines of communication and documentation requirements for all city
contractors involved engineering projects, collect data and input data on weekly
schedule.
I
Page 5
Exhibit 1
2013 Neighborhood Street Rehabilitation - Hammond
Cookane
I ED
a ..........
-11-- 1
77 .
Attachment B
City of Elgin
2013 Hammond/Cookane Neighborhood Street Rehabilitation Project
Project Schedule
Milestones
2112 2013
Project Negotiation
Notice to Proceed 14th 00000
City Coordination �000000�
Community Outreach 0E==E::=00�
Field Efforts
• Field Inspection—Surface 0E=I= �
• Field Inspection—Underground
• Topo Survey E=)= �0
• Base File Preparation 0E=)=00000�
Project Design
• Preliminary Plans(30%) E=I=M=
• Project Review EIE= 0
• Design Plans(90%) E�EN=
• Project Review 000E000�
• Final Plans 000 �00�
• Bid Phase
Project Construction Construction Begins July 8th 2013