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HomeMy WebLinkAbout02-228 Resolution No. 02-228 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. FOR 2002/2003 BRIDGE INSPECTION SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, Interim City Manager, and Dolonna Mecum, City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Hampton, Lenzini and Renwick, Inc. for 2002/2003 bridge inspection services, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock,Mayor Presented: June 26, 2002 Adopted: June 26, 2002 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this /4-t day of , 2002, by and between the CITY OF ELGIN, an Illinois municipal corporation (herein/after referred to as "CITY") and HAMPTON, LENZINI AND RENWICK, INC. (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with 2002/2003 Bridge Inspection (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 all engineering matters involved in the PROJECT, subject to the following terms and conditions and stipulations, to-wit: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Public Works of the CITY, herein after referred to as the "DIRECTOR". Page 2 B. The work under this project includes a routine field inspection, evaluation, recommendation and preparation of bridge records and cost estimates for the following structures: During 2002 calendar year: 1. Highland Avenue over the Fox River. 2. Chicago Street over the Fox River. 3. Villa Street over Willow Creek. 4. Shales Parkway over Poplar Creek. 5. Bluff City Boulevard over Poplar Creek. 6. Villa Street over Poplar Creek. 7. Big Timber Road over Tyler Creek. 8. McLean Boulevard over Tyler Creek. 9. Highland Avenue over Sandy Creek. 10. Kirk/Kramer Park Pedestrian Bridge over Poplar Creek. 11. Lords Park Pedestrian Bridge between Lagoons. 12. Wing Park Pedestrian Bridge over Tyler Creek. During 2003 calendar year: 1. Kimball Street over Fox River. 2. National Street over the Fox River. 3. Riverside Drive between Highland and Chicago. 4. Royal Boulevard over Tyler Creek. 5. Eagle Road over Tyler Creek. C. A detailed Scope of Services is attached hereto as Attachment A. II. PROGRESS REPORTS A. An outline project milestone schedule is provided herein under: 2002 Inspections: Notice to proceed June 13, 2002 Submit Bridge Inspection Documents August 30, 2002 Review Reports with City September 15, 2002 Page 3 Notice to proceed February 1, 2003 Submit Bridge inspection Documents March 30, 2003 Review Reports with City April 15, 2003 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. III. WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including, but not limited too, 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. IV. PAYMENTS TO THE ENGINEER (Not To Exceed Method) A. For services provided the ENGINEER shall be reimbursed at the rate of 1 times the direct hourly rate of personnel employed on this PROJECT, with the total fee not to exceed $27,906.60 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the CITY. B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus 0. Any such fees are included in the above-referred not to exceed figure of $27,906.60. C. (list other components of the fee such as reimbursables.) Additional Fee: Film and Developing $150.00 Page 4 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. Grade Classification 2002-B of Employee Hourly Rate Principal $122.50 Engineer 8 110.20 Engineer 7 96.00 Engineer 6 93.00 Engineer 5 80.50 Engineer 4 77.00 Engineer 3 71.20 Engineer 2 67.00 Engineer 1 61.00 Technician 7 79.50 Technician 6 72.00 Technician 5 62.80 Technician 4 55.00 Technician 3 49.00 Technician 2 44.00 Technician 1 39.00 Clerical 2 59.50 Clerical 1 41.50 Accountant 57.00 Page 5 V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (IIC 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. VI. 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 IV above. VII. 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 V, 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 VVILII respect ILL any term II or provision of LI IC Agreement. IL. VIII. 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 Page 6 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. IX. 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. X. 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. Xl. 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. XII. INSURANCE Page 7 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 written in occurrence form 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 X 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 prorate, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance written in occurrence form 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 written in occurrence form 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 Engineer's Professional Liability Insurance written in occurrence form 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. XIII. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The ENGINEER shall not have control over or charge of and shall not be reJpuIIJible fa constructionn meant, mehods, techniques, sequeiiues Or procedures, or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. XIV. 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 Page 8 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. XV. 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. XVI. 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. XVII. 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. XVIII. 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. XIX. HEADINGS The headings of♦he several eVelal paragraphs alaglaphs of this Agreement are le 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. XX. 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 Page 9 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. XXI. 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. XXII. 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. XXIII. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. XXIV. 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. XXV. 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. Page 10 A copy of the policies must be provided to the Department of Human Rights upon request 775 ILCS 5/2-105. XXVI. 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. XXVII. 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: JOHN LOETE, P.E. Director of Public Works City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: DOUGLAS F. PAULUS, P.E. Hampton, Lenzini and Renwick, Inc. 380 Shepard Drive Elgin, Illinois 60123 • • Page 11 IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN y� _ City Clerk City arfager . (SEAL) For the ENGINEER: Dated this/3Mday of r'lay , A.D., 2002. ATTEST: • B By k ecretary Pr ident (SEAL) SCOPE OF SERVICES City of Elgin 2002 / 2003 Bridge Inspections The scope of work under this contract consists of the inspection, evaluation and maintenance recommendations for seventeen structures in the City of Elgin. The work will be completed in two phases. The first phase shall include the biennial inspection, structural evaluation and documentation to satisfy the National Bridge Inventory System requirements for the following structures: o Highland Avenue over the Fox River o Chicago Street over the Fox River o Villa Street over Willow Creek o Shales Parkway over Poplar Creek o Bluff City Boulevard over Poplar Creek o Villa Street over Poplar Creek o Big Timber Road over Tyler Creek o McLean Boulevard over Tyler Creek o Highland Avenue over Sandy Creek o Kirk/Kramer Park Pedestrian Bridge over Poplar Creek o Lords Park Pedestrian Bridge between Lagoons o Wing Park Pedestrian Bridge over Tyler Creek These inspections and documentation will include, but is not limited to the Bridge Inspection Report, Bridge Scour Screening and all NBIS documentation. The inspections will include a scour inspection, underwater inspection of substructure units and inspection and evaluation of fracture critical members. Due to the relatively shallow depth of water, low velocity and limited underwater visibility, we will use manually probing the substructure units for scour and concrete deterioration. Our final report will provide a narrative document that summarizes the current condition of the structure, the causes of deficiencies and a recommended scope of repairs with related cost estimates. This provides a complete documentation of the structure, including color photographs in the original report. We will also provide an electronic copy of this report for each structure. The second phase will include the biennial inspection, structural evaluation and documentation to satisfy the National Bridge Inventory System requirements for the following structures: o Kimball Street over Fox River o National Street over Fox River o Riverside Drive between Highland and Chicago o Royal Boulevard over Tyler Creek o Eagle Road over Tyler Creek These inspections and documentation will include, but is not limited to, the Bridge Inspection Report, Bridge Scour Screening, all NBIS documentation. We will also provide the narrative document of current conditions with recommendations for maintenance and related costs. All inspections and ratings will be made in accordance with AASHTO"Manual for Condition Evaluation of Bridges, 1994" and subsequent interims along with the Bridge Inspectors Training Manual 70, of the Federal Highway Administration. ATTACHMENT A Project Schedule City of Elgin 2002 / 2003 Bridge Inspections The following is a list of tasks and completion dates for the first phase of the project. • Gather data & prepare field documents June 21 - July 3, 2002 • Field inspections July 8 - 12, 2002 • Prepare reports, sketch, recommendations July 15 - 31 , 2002 • In-house peer review by Project Engineer August 1 - 16, 2002 And prepare repair cost estimates • Submit report to City of Elgin and !DOT August 30, 2002 • Review reports with City September 15, 2002 For the second phase of the inspections. Assuming a February 1 , 2003 start date, the following schedule will be used. • Gather data & prepare field documents February 3 - 7, 2003 • Field inspections February 10 - 14, 2003 • Prepare reports, sketch, recommendations February 17 - March 5, 2003 • In-house peer review by Project Engineer March 5 - 19, 2003 And prepare repair cost estimates • Submit report to City of Elgin and IDOT March 30, 2003 • Review reports with City April 15, 2003 ATTACHMENT B r Ci. `i j 4 City of Elgin Agenda Item No. k. L '►►�n► , G ra i I 11100 t , ►r►61il IN June 7, 2002 N 11. Is t8 FINANCIALLY STABLE CRY GOVERNMENT EFFICIENT SERVICES. AND QUALITY INFRASTRUCTURE TO: Mayor and Members of the City Council FROM: Olufemi Folarin, Interim City Manager SUBJECT: Engineering Service Agreement for 2002/2003 Bridge Inspection Services PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into an agreement with Hampton, Lenzini and Renwick Inc . (HLR) of Elgin, to provide engineering services associated with the inspection of City bridges . BACKGROUND This project will provide one inspection of each of seventeen bridges over a two-year period. In the 2002 budget, the City Council approved a project to inspect eight highway bridges . In the 2003 budget, staff will request funds to inspect six additional highway bridges . The work scope proposed also includes the inspection of three pedestrian bridges in City parks . The completion of the highway bridge inspections will maintain the City' s compliance with State of Illinois requirements for biennial bridge inspections . The completion of the pedestrian bridge inspections will provide the City with information to evaluate their condition and plan for repair and/or replacement . The schedule for the bridge inspections is shown below: Bridge/Crossing 2002 2003 1 . Kirk-Kramer Park/Poplar Creek* X 2 . Lords Park/Lagoons* X 3. Wing Park/Tyler Creek* X 4 . Highland Avenue/Fox River X 5 . Chicago Street/Fox River X 6 . Villa Street/Willow Creek X 7 . Shales parkway/Poplar Creek X 8 . Bluff City Blvd. /Poplar Creek X 02/03 Bridge Inspection Services June 7, 2002 Page 2 Bridge/Crossing 2002 2003 9 . Villa Street/Poplar Creek X 10 . Big Timber Road/Tyler Creek X 11 . Highland Avenue/Sandy Creek X 12 . Kimball Street/Fox River X 13 . National Street/Fox River X 14 . Riverside Drive/Highland-Chicago X 15 . McLean Boulevard/Tyler Creek X 16 . Royal Boulevard/Tyler Creek X 17 . Eagle Road/Tyler Creek X * Denotes pedestrian bridges Maps showing the locations are attached as Exhibit A. Five consulting firms were invited to submit proposals on the bridge inspection program, including; Montgomery Watson Harza, Teng & Associates, Lonco Inc . , HLR and Collins Engineers. Staff requested a proposal for a two-year period in order to provide consistency in inspecting all of Elgin' s highway bridges and to coincide with the State' s biennial inspection requirement . Collins Engineers and HLR responded with proposals. A staff selection committee evaluation of the two proposals was conducted, which resulted in HLR being selected as the top rated firm. A copy of the results of the selection process is attached as Exhibit B. Upon selection, HLR met with staff to finalize the project scope and negotiate their fee. The final negotiated fee is $27, 906 . 60 in total for seventeen bridge inspections over two years. The tabulation of cost is shown in Exhibit C. A copy of the proposed engineering services agreement with HLR is attached as Exhibit D. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . p1V � I A INANCIAL IMPACT HLR' s negotiated fee for the seventeen bridge inspections over the two years of the contract is $27, 906 . 60 which can be broken down as follows : Item Amount 2002 Pedestrian Bridge Inspections $ 1, 551 . 36 2002 Road Bridge Inspections $15, 547 . 94 2003 Road Bridge Inspections $10, 807 . 30 • 02/03 Bridge Inspection Services June 7, 2002 Page 3 There is $25, 000 budgeted in account number 010-3311-752 .30-03 , Architectural and Engineering Services, project #339668 for the 2002 bridge inspections. This is sufficient to cover this year' s expenses of $17, 099 . 30 . The additional funds required for the 2003 inspections will be included as part of next year' s proposed budget . uiVEGAL IMPACT None. ALTERNATIVES As the biennial inspections are a legal requirement imposed upon the City by the Federal Highway Administration and the Illinois Department of Transportation, and as the City does not have adequate staff time available to conduct the inspections and prepare the reports, the alternatives are : 1 . Approve the agreement for contractual services with HLR. 2 . Request to negotiate an agreement with a different consultant engineering firm. 3 . Do not approve the agreement, with possible consequences of State imposed penalties and unchecked deterioration. RECOMMENDATION It is recommended that the City Council approve the engineering agreement with HLR for 2002-2003 bridge inspection services and authorize staff to execute the necessary documents. Respectfully submitted, Oluf mi rin Inte C . y Manager OS :do Attachments