18-49 Resolution No. 18-49
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH KLM ENGINEERING, INC. IN
CONNECTION WITH THE REHABILITATION OF THE ALFT LANE ELEVATED WATER
TOWER PAINTING PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Richard G. Kozal, 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 KLM
Engineering, Inc., in connection with the rehabilitation of the Alft Lane Elevated Water Tower
Painting Project, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: April 25, 2018
Adopted: April 25, 2018
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this 25 day of April , 20 18 , by
and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as
"CITY") and KLM Engineering, Inc., a Minnesota corporation(hereinafter referred to as
"ENGINEER").
WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional
services in connection with the Rehabilitation of the Alft Lane Elevated Water Tank (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 Director of
the CITY, herein after referred to as the "DIRECTOR".
B. The ENGINEER shall provide design and construction engineering services for the
rehabilitation of the one million gallon elevated water tank located at 2599 Alft
Lane, Elgin, IL, 60124, referred to as the Alft Lane Elevated Water Tank, the
inspection of the one million gallon elevated water tank located at 859 Marlisle
Court, Elgin, IL 60124, referred to as the Highland Avenue Elevated Water Tank,
and touch-up painting of the man door on the two million gallon elevated water
tank located at 529 Shales Parkway, Elgin, IL 60120, referred to as the Shales
Parkway Elevated Water Tank. A detailed Scope of Services for the PROJECT 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 in 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 in accordance with the attached
Attachment C-Proposal Fee Summary—Alft Lane Elevated Water Tank,Highland
Avenue Elevated Water Tank, and the Shales Parkway Elevated Water Tank, with
the total fee not to exceed $136,075.00 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 and approved by way of written
amendment to this agreement executed by the parties hereto.
B. For outside services provided by other firms or sub consultants,the CITY shall pay
the ENGINEER the invoiced fee to the ENGINEER. The cost of any such outside
services are included within the total not-to-exceed amount of $136,075.00
provided in subparagraph 4A above.
C. Travel time—billed at labor rates listed.
Mileage - $0.85 per mile.
Production supplies, duplicating, delivery, wireless communication and facsimile
expenses will be billed at the actual costs incurred, no mark-up.
Cell phone charges—billed at$20 per week.
All such reimbursable expenses are included within the total not-to-exceed amount
of$136,075.00 provided in subparagraph 4A above.
-2 -
-
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.
Anticipated Payment Schedule
July 2018 $7,200.00
November 2018 $12,500.00
May 2019 $32,292.00
June 2019 $32,292.00
July 2019 $32,291.00
August 2019 $15,000.00
July 2020 $4,500
Total $136,075.00
5. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress
reports(2C above)will be included with all payment requests.
B. The ENGINEER shall maintain records showing actual time devoted and cost
incurred. The ENGINEER shall permit the authorized representative of the CITY
to inspect and audit all data and records of the ENGINEER for work done under
this Agreement. The ENGINEER shall make these records available at reasonable
times during the Agreement period, and for a year after termination of this
Agreement.
6. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof, the CITY may terminate this Agreement at
any time upon fifteen (15) days prior written notice to the ENGINEER. In the event that
this Agreement is so terminated, the ENGINEER shall be paid for services actually
performed and reimbursable expenses actually incurred prior to termination, except that
reimbursement shall not exceed the task amounts set forth under Paragraph 4 above.
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 Paragraph 6, 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.
-3 -
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 an action to recover the monies
the CITY has agreed to pay to the ENGINEER pursuant to Paragraph 4 hereof, no action
shall be commenced by the ENGINEER against the CITY for monetary damages.
ENGINEER hereby further waives any and all claims or rights to interest on money
claimed to be due pursuant to this Agreement,and waives any and all such rights to interest
which it claims it may otherwise be entitled pursuant to law, including, but not limited to,
the Local Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the
Illinois Interest Act(815 ILCS 205/1,et seq.),as amended. The parties hereto further agree
that any action by the ENGINEER arising out of this Agreement must be filed within one
year of the date the alleged cause of action arose or the same will be time-barred. The
provisions of this paragraph shall survive any expiration, completion and/or termination of
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, attorney's 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 and/or
termination of this Agreement.
-4 -
. -
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 Paragraph 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.
- 5 -
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 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.
-6 -
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.
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.
- 7 -
r - r
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. SUBSTANCE ABUSE PROGRAM.
As a condition of this agreement,ENGINEER shall have in place a written substance abuse
prevention program which meets or exceeds the program requirements in the Substance
Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such
policy shall be provided to the City's Assistant City Manager prior to the entry into and
execution of this agreement.
27. 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.
28. 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:
- 8 -
•
Eric Weiss
Water Director
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
B. As to ENGINEER:
Scott Kriese
Project Field Supervisor
KLM Engineering, Inc.
1976 Wooddale Drive, Suite 4
Woodbury, MN 55125
29. 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 ENGINEER:
11)
By �/��t/. � By: �,
City Manager Name rint: Shawn A. Mulhern
Title: 'resident/CEO
A e :
6.
City Clerk
-9 -
F:\Legal Dept\Agreement\ENGINEERING AGREEMENT-FORM-0 1-23-12.docx
- 1 0 -
,' i
ATTACHMENT A
SCOPE OF SERVICE
City of Elgin Project Work Plan
Upon execution of a contract for Engineering and Inspection Services, KLM
Engineering, Inc. proposes the following schedule to perform the proposed work:
City of Elgin order to proceed:
Task 1 - 3: Evaluation
• Inspection of the Alft Lane, Highland Avenue and Shales Parkway
elevated water tanks. Completed by July 15, 2018
Task 4: Design Services
• Preliminary Specifications-completed by August 2018
• Final Specifications-completed by September 2018
Task 5: Construction Management Inspection Services
• Spring 2019 Construction-completed by July 15, 2019
• Antenna Management-completed by October 18, 2019
• Warranty Inspection-completed by July 15, 2020
Scope of Work: ProjectSpecifications
The project specifications will include:
Section A Advertisements for Bids
This section provides a detailed description of the project and meets the
requirements for legal advertisements.
Section B Instruction to Bidders
This section provides precise instructions to bidders including the scope of
work, insurance, payments, time of completion, bidder qualifications, taxes
and permits, legal requirements, performance and payment bonds and
other important project information.
Section C Proposal
This section contains the bid proposals; construction time frame alternate
bid proposals, legal requirements, and the bidder and subcontractor
qualification forms.
Section D Project Requirements
This section includes a complete description of the project, project
schedule(s), execution of contract documents; notice to proceed, project
meetings, quality assurance, liquidated damages, and legal and technical
requirements for executing the scope of work.
Section E Technical Specifications
This section details the technical specifications for structural modifications,
surface repairs, interior and exterior surface preparation, exterior abrasive
blast containment, disposal of spent abrasives, dehumidification, lettering
and logo, submittals, workmanship, unfavorable weather conditions,
surface coating and material, repair work, health and sanitary facilities,
clean up, ventilation and safety requirements, superintendent, inspection
of work, sterilization of tank interiors, and containment plan.
Section F Supplemental Conditions
This section supplements or amends the General Conditions and/or other
provisions of the Contract Documents.
Section G General Conditions
This section includes all the General Conditions designed for water tank
reconditioning, such as authority of the Engineer, engineering inspection,
modifications, additions and subtractions of scope of work, extensions of
time, insurance and other appropriate items.
Section H Contract Documents
This section provides the form of agreement to be used between the
Owner and Contractor.
Section I Payment and Performance Bond
As of July 31, 1994, Minnesota State Law requires separate bonds for
payment and performance.
Section J Inspection Report
This section includes enclosure of past inspection reports with copies of
color photographs. This provides the bidders with a clear perspective of
the interior conditions of the tank(s) and the scope of work involved.
Section K Drawings
This section includes drawings, which define structural repairs or
modifications and welding definitions.
Section L Surface Preparation Requirements
This section references excerpts from NACE Standard Practice SP0178-
2007 Standard Practice: Design, Fabrication, and Surface Finish Practices
for Tanks and Vessels to Be Lined for Immersion Services for defining
welding and grinding requirements of the structural repair or modifications.
Section M Existing Paint Test Results
This section contains paint chip test results for lead and chromium used to
calculate the risk factor and classification of containment required for
conformance with Federal and State Environmental Regulations.
- 12 -
Section N Lettering and Logo (optional)
If required, this section includes drawings of any required lettering and
logo.
Section 0 Additional Owner Specification Requirements (optional)
This section is available for additional Owner Specification requirements.
Design
KLM will also perform at a minimum, the following related specification services:
• Collaboration meeting with the City to discuss tasks.
• Meet with the city to review plans and specifications.
• Produce one (1) preliminary and two (2) copies of the specifications for the
city and electronic specifications for the bidders.
• Advertise the project in appropriate publications and Quest.
• Issue the specifications to prospective bidders.
• Respond in writing to bidder questions, which require formal clarifications.
• Issue addenda to the specifications as required to the Owner and plan
holders.
• Attendance at one (1) pre-bid meeting at the Owner's facility.
• Attendance at bid opening and tabulate results at the Owner's facility.
• Evaluate the contractors bid proposals for conformance to specifications.
• Recommend in writing to the Owner the low, qualified bidder(s).
• Prepare Notice of Award and contract Agreement and forward to Contractor.
Antenna Management
KLM's antenna management consists of managing the removal and re-installation of the
Fox Valley, City and Police Antennas.
Specification and Related Services
KLM proposes to provide the project specifications and to perform related services
listed above, in conformance with the proposal submitted March 12, 2018. This includes
two (2) copies of the specifications for the Owner; all listed related services, and the
attendance of a qualified project manager at the pre-bid and bid opening in the City of
Elgin, Illinois. This phase of the project will be billed upon submittal of the preliminary
specifications. Additional meetings at the request of the Owner are not part of this
agreement. KLM reserves the right to submit for additional fees. This would be charged
back to the Owner on a time and material basis per our fee schedule. Additional change
orders granted to the contractor may require additional administration and inspection
costs.
- 13 -
i I •,.
ATTACHMENT B
PROJECT SCHEDULE
Task 1: Spring/Summer 2018
Task 2: Spring/Summer 2018
Task 3: Spring/Summer 2018
Task 4: August/September 2018
Task 5:April-July 2019 (spring construction),July 2020 (one-year warranty inspection)
4
ATTACHMENT C
PROPOSAL FEE SUMMARY
2018 Fees
Evaluation Alft Lane Elevated Water Tank $3,350.00
Evaluation Highland Avenue Elevated Water Tank $3,350.00
Evaluation Shales Parkway Elevated Water Tank door $500.00
Design Services Alft Lane Elevated Water Tank and
Shales Parkway Elevated Water Tank $12,500.00
Total 2018 $19,700.00
2019 Fees
Construction Observation Not to Exceed $96,875.00
Antenna Management Fox Valley Internet $7,500.00
Antenna Management City Antenna & Police $7,500.00
Total 2019 $111,875.00
2020 Fees
Warranty inspection Not to Exceed $4,500.00
Total 2020 $4,500.00
- 15 -