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HomeMy WebLinkAbout06-143 Resolution No. 06-143 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HNTB CORPORATION FOR 2006/2007 BRIDGE INSPECTION SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,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 HNTB Corporation for 2006/2007 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 28, 2006 Adopted: June 28, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT is hereby made and entered into this ?Uklay of S u N E , 2006,by and between the CITY OF ELGIN, Illinois, a municipal corporation(hereinafter referred to as "CITY") and HNTB CORPORATION (hereinafter referred to as "ENGINEER"). WHEREAS,the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the routine biennial inspection of 14 highway bridges(hereinafter referred to as the"PROJECT"); and WHEREAS,the ENGINEER represents that it 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, for and in consideration of the mutual promises and covenants contained herein,the sufficiency of which is hereby mutually acknowledged, the CITY and ENGINEER hereby agree that the CITY hereby retains ENGINEER to act for and represent CITY in the engineering matters involved in the Project as set forth herein, subject to the following terms, conditions and stipulations: I. SCOPE OF SERVICES A. All services hereunder shall be performed under the direction of the Director of Public Works of the CITY,herein after referred to as the "DIRECTOR". B. The professional services to be performed by the ENGINEER under this Agreement include the routine field inspection, completion of State of Illinois bridge inspection documentation, and preparation of a bridge inspection report with inspection findings, evaluation,rehabilitation recommendations, and estimated probable construction costs for the following CITY highway bridges: 2006 Calendar Year Bridges: 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. Highland Avenue over Sandy Creek • r- -2 - 2007 Calendar Year Bridges: 1. Kimball Street over the Fox River 2. National Street over the Fox River 3. Riverside Drive between Highland Avenue & Chicago Street 4. Royal Boulevard over Tyler Creek 5. Eagle Road over Tyler Creek 6. McLean Boulevard over Tyler Creek C. The professional services to be provided by the ENGINEER under this Agreement have been divided into the following two phases: 1. The professional services associated with the 2006 Calendar Year Bridges as listed in paragraph I.B are funded under the cost-not-to-exceed fee identified in paragraph IV.A and as further identified in Attachment B. 2. The professional services associated with the 2007 Calendar Year Bridges as listed in paragraph I.B. are funded under the cost-not-to-exceed fee identified in paragraph IV.B and as further identified in Attachment B. D. A more detailed Scope of Services is attached hereto as Attachment A. II. PROGRESS REPORTS A. ENGINEER shall comply with the project milestone outline schedule below: 2006 Calendar Year Bridges Anticipated Notice to Proceed July 1, 2006 Anticipated Completion of Data Collection 2 weeks after NTP Anticipated Completion of Bridge Inspections 5 weeks after NTP Anticipated Submission of Inspection Documentation 9 weeks after NTP 2007 Calendar Year Bridges Anticipated Notice to Proceed July 1, 2006 Anticipated Completion of Data Collection 2 weeks after NTP Anticipated Completion of Bridge Inspections 5 weeks after NTP Anticipated Submission of Inspection Documentation 9 weeks after NTP r r - 3 - B. A detailed project schedule for the Project is included as Attachment C, 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. ENGINEER shall submit to DIRECTOR a written monthly status report recording ENGINEER'S progress, findings and outstanding issues. III. 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 upon payment to the ENGINEER therefor; 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 to the ENGINEER. IV. PAYMENTS TO THE ENGINEER(Not To Exceed Method) A. For services provided for the 2006 Calendar Year Bridges, the ENGINEER shall be paid at the rate of 3.0 times the direct hourly rate of personnel employed on this PROJECT, with the total fee for this portion of the project not to exceed Twenty- Three Thousand, Seven Hundred, Ten dollars ($23,710)regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the services are authorized by the CITY through a change order or written amendment to the maximum payment provided for herein. B. For services provided for the 2007 Calendar Year Bridges, the ENGINEER shall be paid at the rate of 3.0 times the direct hourly rate of personnel employed on this PROJECT,with the total fee not to exceed Eighteen Thousand, Three Hundred, Ten dollars ($18,310)regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the services are authorized by the CITY through a change order or written amendment to the maximum payment provided for herein. The ENGINEER shall not begin work on the 2007 Calendar Year Bridges nor invoice the CITY for services related to the 2007 Calendar Year Bridges until a funding appropriation for the 2007 Calendar Year Bridge work has been enacted by the CITY, and the ENGINEER has received a Notice-to-Proceed for this work. C. A summary of the ENGINEER fee calculation,including a description and estimate -4- of the various reimbursable expenses is attached hereto as Attachment B. The ENGINEER shall be paid at the rate of 1.0 times the direct cost of the reimbursable expenses incurred on PROJECT;provided,however,that such reimbursable expenses shall constitute part of and shall be included with the not-to-exceed amounts provided fro at Sections IV(A) and(B)herein. 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 on Attachment B, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (Paragraph II.0 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 services performed 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 or ENGINEER may terminate this Agreement at any time upon fifteen(15) days prior written notice to the other party. 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;provided, however,that such payment shall not exceed the total fee maximum or task amounts set forth under Article 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 VI or IX, shall be deemed concluded on the date that all of the ENGINEER's services under this agreement are completed. Completion shall not constitute a waiver of any rights or claims which either party may have or thereafter acquire with respect to any term or provision of the Agreement. t • - 5 - Neither the CITY nor ENGINEER shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances included,but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics;war,riots, and other civil disturbances; strikes, lockouts,work slowdowns, and other labor disturbances; sabotage;judicial restraint; and delay in or inability to procure permits, licenses, or authorizations from any local, state or federal agency for any of the supplies,materials, accesses, or services required to be provided by either CITY or ENGINEER under this Agreement. ENGINEER shall be granted a reasonable extension of time for any delay in its performance caused by any such circumstances. Should such circumstances occur, the nonperforming party shall,within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 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 its 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. 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 defend, indemnify and hold harmless the CITY, its officers, employees,boards and commissions from and against judgments, costs, attorney's fees, and damages, including but not limited to workers' compensation claims, to the extent caused by the negligent acts or omissions of the ENGINEER in connection herewith, including negligent acts 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 - 6 - officers, employees, and/or 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 cost of which shall be paid by the ENGINEER. The provisions of this paragraph shall survive any completion or termination or expiration of this agreement. XI. 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 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 Certificate of Insurance naming the CITY AS ADDITIONAL INSURED. The policy shall not be cancelled or non-renewed without thirty(30) days prior written notice to the DIRECTOR. Such Certificate of Insurance shall include,but not be limited to,coverage for the obligations assumed by ENGINEER pursuant to Article X herein entitled "Indemnification". Such above-referenced 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 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 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. - 7 - D. Professional Liability. The ENGINEER shall carry Engineer's Professional Liability Insurance covering claims to the extent caused by the negligent error, omissions or acts with a limit of not less than$1,000,000 per claim. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be cancelled or non- renewed 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 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. 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 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 or ENGINEER; provided,however, ENGINEER may assign its rights to payment with CITY'S consent. - 8 - 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 services itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall be agreed to in writing by the CITY and ENGINEER. 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, except to such extent as may be specifically provided for herein. 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. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. XIX. 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. XX. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the - 9 - 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. 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 consent from the DIRECTOR,nor will the ENGINEER make public proposals developed under this Agreement without prior written consent 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; 4 - 10- 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 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 - 11 - B. As to ENGINEER: CRAIG HETUE, S.E.,P.E. HNTB CORPORATION 111 North Canal Street Suite 1250 Chicago, Illinois 60606-7252 XXVIII. INFORMATION FROM CITY ENGINEER shall not be responsible for verifying or ensuring the accuracy of any information or content supplied by CITY or any other Project participant,nor ensuring that such information or content does not violate or infringe any law or other third party rights. CITY shall indemnify ENGINEER for any infringement claims resulting from ENGINEER's use of such content,materials, or documents. XXIX. INSPECTION SERVICES ENGINEER's inspections shall be limited to accessible areas of a structure and shall be for structural evaluation only based upon readily available information and observation of existing conditions. When making inspections of a structure, it is required that certain assumptions be made regarding the existing conditions, subsurface conditions or concealed elements of a structure. Due to these limitations, ENGINEER cannot discover all actual conditions or structural weaknesses and will base its recommendations upon its professional experience and opinions. XXX. STANDARD OF CARE The same degree of care, skill, and diligence shall be exercised in the performance of the Services as is ordinarily possessed and exercised by a member of the same profession, currently practicing,under similar circumstances. - 12 - 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 By � By r _ City Clerk Ci Manager (SEAL) For the ENGINEER:.`b dated this lL. kday of _ , A.D., 2006 ATTEST: By A -- By Secretary i President 00000000000000•0000000000 ® "OFFICIAL SEAL" o' (SEAL) DIANE L. DEE ® Notary Public, State of Illinois o •My Commission Expires 06/23/07 0 0 000000000'0 �.z�o•00000•oo ATTACHMENT A SCOPE OF SERVICES • ATTACHMENT A SCOPE OF SERVICES I. PROJECT DESCRIPTION This project consists of the inspection and evaluation of the CITY's existing bridges, update and submittal of the required Illinois Department of Transportation (IDOT) inspection forms and documentation, and the preparation of bridge inspection reports detailing the inspection findings, summarizing the necessary repairs, and providing an estimate of probable construction cost. HNTB will perform the following services pertaining to the project. II. SCOPE OF SERVICES A. Data Collection HNTB will collect and assemble the data, information, and equipment necessary to perform the bridge inspections, complete the IDOT documentation, and prepare the reports required for this project. HNTB shall perform the following services: 1. Review available as-built plans and previous rehabilitation plans for each bridge; 2. Obtain copies of previous bridge inspection reports from the CITY for use during the inspection; 3. Organize inspection gear and equipment, and arrange for a boat to be used for the visual inspection of the accessible underside elements at the structures over the Fox River; 4. Contact IDOT-District 1 to obtain current copies of the IDOT inspection forms to be completed in accordance with IDOT guidelines. B. Bridge Inspection & Evaluation HNTB will perform one (1) routine field inspection and evaluation of the following fourteen (14) bridges located in the City of Elgin. During the 2006 calendar year, the following eight (8)bridges will be inspected and evaluated: 1. Highland Avenue over the Fox River 2. Chicago Street over the Fox River 3. Villa Street over Poplar Creek 4. Bluff City Boulevard over Poplar Creek 5. Villa Street over Willow Creek 6. Big Timber Road over Tyler Creek 7. Highland Avenue over Sandy Creek 8. Shales Parkway over Poplar Creek A-1 • ," ATTACHMENT A SCOPE OF SERVICES During the 2007 calendar year,the remaining six (6)bridges will be inspected and evaluated: 1. National Street over the Fox River 2. Kimball Street over the Fox River 3. Riverside Drive between Highland Ave and Chicago Street 4. Eagle Road over Tyler Creek 5. Royal Boulevard over Tyler Creek 6. North McLean Boulevard over Tyler Creek HNTB will perform the routine bridge inspections in accordance with the"Bridge Inspector's Training Manual"published by the USDOT/FHWA,National Bridge Inspection Standards (NBIS), and the IDOT"Structure Information and Procedure Manual". The criteria used to evaluate and condition rate the existing bridges will conform to the IDOT"Structure Information and Procedure Manual". Steel members on the Big Timber Road and Shales Parkway structures, and the corrugated metal at the McLean Boulevard structure will be visually inspected for rusting,pitting, and section loss. The accessible concrete beams, girders, and arch elements used on the other structures will be visually inspected for cracks, leaching, spalling, and other deterioration. Concrete substructure members above the waterline will be visually inspected and randomly sounded to locate deteriorated areas. Abutments will be measured for plumbness. The surface and underside of the bridge deck and sidewalks will be visually inspected for cracking,heaving, leaching, spalling and other deterioration. Bridge railings will be inspected for soundness, loose or missing rail sections, and losse or missing anchor bolts securing the railing posts to the bridge structure. The approach roadways and guide rails will be visually inspected for deterioration and anchorage to the bridge structure. Deficiencies and deterioration will be measured, digitally photographed, and recorded on sketches for inclusion in the reports. The degree of deterioration will be compared with the deterioration noted in the previous inspection reports to determine the recommended course of action. All notes and deficiencies will be recorded in English units. Detailed underwater inspection and diving,hydraulic analysis and inspection, scour analysis,non-destructive testing methods such as magnetic particle, ultrasound, or dye- penetrant,material testing,pavement cores,paint adhesion testing, and geotechnical investigations are not anticipated to be required for these biennial inspections, and have not bee included in this scope of services. A-2 t ATTACHMENT A SCOPE OF SERVICES C. IDOT Forms and Documentation Within 2 months of the field inspection,HNTB will update and submit the following forms as required to the City of Elgin and to IDOT for their records: 1. Inspection Appraisal Report(RIS-R104) 2. Inventory Turnaround Report(RIS-R105) 3. Key Turnaround Route Report(RIS-Rl 11) 4. Bridge Inspection Report form BIR-1 (MI) HNTB will obtain copies of these documents from IDOT-District 1 based on previous inspections for use in the current inspection in accordance with DOT guidelines. HNTB will update, code, and submit these forms to the City of Elgin and to IDOT in accordance with DOT and FHWA policies,procedures, and standards. The Bridge Record Report(form BLR 06310)is not required to be submitted to DOT District 1 as part of the biennial inspection,but will be included in the inspection report for the City's reference. The Master Report(RIS-S 107) is automatically generated from information provided from the first three reports listed above. Since the Master Report contains no new information, it will not be included in the final report. D. Inspection Reports HNTB will prepare an inspection report for each structure. This report will include an executive summary,description of the structure,results from the field investigation, evaluation of the inspection findings,recommendations for structure rehabilitation, and an estimate of probable construction costs. Appendices to each report will contain a location map, inspection photographs,revised IDOT forms, and inspection notes or sketches as applicable. The reports will be prepared using Microsoft Word software while estimates of probable construction cost will be prepared using Microsoft Excel software. The City of Elgin will receive two (2)printed copies of each inspection reports as well as an electronic copy of each inspection report. Each report will be printed on 8-1/2 by 11 inch paper, and either stapled or bound with a plastic coil. HNTB will submit two copies of a Pre-Final report(90%complete) for each bridge for review by the City of Elgin. After addressing the City's comments, HNTB will submit two copies of the final inspection report for each bridge. A-3 ATTACHMENT B FEE ATTACHMENT B CITY OF ELGIN 2006-2007 BRIDGE INSPECTION PROGRAM ESTIMATE OF CONSULTANT FEE 2006 CALENDAR YEAR BRIDGES 2007 CALENDAR YEAR BRIDGES LABOR PAYROLL& LABOR PAYROLL& TASK DESCRIPTION HOURS RATE , EXPENSES MULTIPLIER FEE HOURS RATE EXPENSES MULTIPLIER FEE PROJECT MANAGEMENT 10 $55 $550 3.0 $1,650 8 $55 $440 3.0 $1,320 DATA COLLECTION 8 $45 $360 3.0 $1,080 6 $45 $270 3.0 $810 BRIDGE INSPECTIONS&EVALUATION 72 $45 $3,240 3.0 $9,720 56 $45 $2,520 3.0 $7,560 BRIDGE REPORTS& IDOT DOCUMENTATION 72 $40 $2,880 3.0 $8,640 54 $40 $2,160 3.0 $6,480 QUALITY ASSURANCE/QUALITY CONTROL 8 $50 $400 3.0 $1,200 6 $50 $300 3.0 $900 DIRECT EXPENSES(see next page) $1,420 1.0 $1,420 $1,240 1.0 $1,240 TOTALS 170 $23,710 130 $18,310 Sheet B1 of 2 .. ATTACHMENT B CITY OF ELGIN 2006 -2007 BRIDGE INSPECTION PROGRAM ESTIMATE OF DIRECT EXPENSES Kick-off Meetings, Management & Data Collection 2 Meetings x 1 vehicle / meeting x $50 / vehicle = $100 Year 2006 Bridge Inspections Inspection Vehicle: 5 days x $50/day = $250 Inspection Boat 14-Ft Boat x $500/day x 1 Day = $500 Boat Operator x $50/hour x 8 hours = $400 Report and IDOT Form Printing (8 Bridges x $15/bridge) = $120 Mail, Messenger Service, Miscellaneous $50 2006 Sub-Total = $1,420 Year 2007 Bridge Inspections Inspection Vehicle: 4 days x $50/day = $200 Inspection Boat 14-Ft Boat x $500/day x 1 Day = $500 Boat Operator x $50/hour x 8 hours = $400 Report and IDOT Form Printing (6 Bridges x $15/bridge) = $90 Mail, Messenger Service, Miscellaneous $50 2007 Sub-Total = $1,240 Total Direct Expenses: $2,660 The costs associated with inspecting the bridges are based on visual inspection. The procurement of concrete deck cores and other non-destructive tests are not anticipated for this project, and have not been included in the above estimated costs. Sheet B2 of 2 ATTACHMENT C PROJECT SCHEDULE ti ATTACHMENT C CITY OF ELGIN 2006-2007 BRIDGE INSPECTION PROGRAM ANTICIPATED SCHEDULE ESTIMATED 2006 2006 Bridge Inspection Program HOURS JULY AUGUST PROJECT MANAGEMENT 10 DATA COLLECTION Acquire/Review previous bridge inspection reports and data 4 Acquire previous IDOT inspection forms/prepare for new inspection 4 BRIDGE INSPECTIONS&EVALUATION Highland Ave and Chicago St over the Fox River 24 6 Structures over various creeks 48 BRIDGE REPORTS& IDOT DOCUMENTATION 72 City Review QUALITY ASSURANCE/QUALITY CONTROL REVIEW 8 170 ESTIMATED 2007 2007 Bridge Inspection Program HOURS JULY AUGUST PROJECT MANAGEMENT 8 DATA COLLECTION Acquire/Review previous bridge inspection reports and data 3 Acquire previous IDOT inspection forms/prepare for new inspection 3 BRIDGE INSPECTIONS&EVALUATION Kimball St and National over the Fox River 24 3 Structures over various creeks and Riverside Drive 32 BRIDGE REPORTS&IDOT DOCUMENTATION 54 City Review I QUALITY ASSURANCE/QUALITY CONTROL REVIEW 6 130 Sheet C1 of 1 • ` Agenda Item No. k< ° City of Elgin is fir %se. June 9, 2006 TO: Mayor and Members of the City Councils�� ( ih,s<anr, cur cope:H.0u FROM: Olufemi Folarin, City Manager John Loete, Public Works Dire or SUBJECT: Engineering Service Agreement for 2006/2007 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 HNTB Corporation to provide engineering services associated with the inspection of City bridges. RECOMMENDATION It is recommended that the City Council approve the engineering agreement with HNTB Corporation totaling $23,710 and authorize staff to execute the necessary documents. BACKGROUND This project provides for one inspection for each of fourteen bridges over a two-year period. The 2006 budget includes funding for the inspection of eight highway bridges. In the 2007 budget staff will request funds to inspect the six remaining bridges. The completion of the highway bridge inspection will maintain the City's compliance with State of Illinois requirements for biennial bridge inspection. The schedule for the bridge inspections is shown below: Bridge/Crossing 2006 2007 Kimball Street over Fox River X Highland Avenue over the Fox River X Chicago Street over the Fox River X National Street over the Fox River X Riverside Drive between Highland and Chicago X Villa Street over Willow Creek X Shales Parkway over Poplar Creek X Bluff City Boulevard over Poplar Creek X , Engineering Service Agreement for 2006/2007 Bridge Inspection Services June 9, 2006 Page 2 Bridge/Crossing(Con't) 2006 2007 Villa Street over Poplar Creek X Royal Boulevard over Tyler Creek X Eagle Road over Tyler Creek X Big Timber Road over Tyler Creek X McLean Boulevard over Tyler Creek X Highland Avenue over Sandy Creek X Maps showing the locations are attached as Exhibit A Seven consulting firms were invited to submit proposals on the bridge inspection program, including T.Y.-LIN, Lonco Inc., HLR-Hampton, Lenzini and Renwick, Inc., Collins Engineers Inc., HNTB, H.W. Lochner Inc., and CMT-Crawford Murphy & Tilly. Staff requested proposals for a two-year period in order to provide consistency in inspecting all of the Elgin's highway bridges and to coincide with the State's biennial inspection requirement. A staff selection committee evaluation of seven proposals was conducted which resulted in HNTB Corporation being selected as the top-rated firm. A copy of the results of the selection process is attached as Exhibit B. Upon selection, HNTB Corporation met with staff to finalize the project scope and negotiate their fee. The final negotiated total fee for the two year duration of the agreement is $42,020.00. The fee per year is $23,710 for 2006 (eight bridges) and $18,310 for 2007 (six bridges). A copy of the proposed engineering services agreement with HNTB Corporation is attached as Exhibit C. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None ID- 1,0KINANCIAL IMPACT The cost of the agreement with HNTB Corporation will total $42,020. Funds for each year's inspections will be budgeted for that year in the General Fund Budget, account number 010- 3311-752.30-03, Architectural and Engineering Contractual Services. Funds in the amount of $25,000 have been budgeted for the 2006 inspections which will cost$23,710.00. The 2007 expenditure of$18,310.00 will be requested as part of next year's budget. Engineering Service Agreement for 2006/2007 Bridge Inspection Services June 9, 2006 Page 3 LEGAL IMPACT None ALTERNATIVES 1. Approve the agreement for contractual services with HNTB Corporation. 2. Request to negotiate an agreement with a different consultant engineering firm. 3. Do not approve agreement with possible consequences of State imposed penalties and unchecked deterioration. Respectfully submitted for Council consideration. JL/do Attachments EXHIBIT A Project Location Map '\,.., <'4 ;y\. '4ry is d ' r � '` h 7 K S.N. 045-6301 �' r f tr ' Kimball Street '' r_ ` ! over Fox River -- ',, S.N. 045-0059 _— . 'r 7 i pr ' n Highland Avenue over Fox Rive , = r, m F ,'�('' % 1..., '1 L 1k ,- .b 1,, wtw .�.� 'c.A } ,,r. ''. 4 . _ - S N. 045-6307 ){ , ; \ N ,,°i. Riverside Drive between { `''',' 4 s`; Highland Ave. & Chicago St. i ti.---' ,; ,, � -- , �,,: .. ,; _ J t 1 titx ` 4 i y a E x 4. t 1 , ti.' „, i-• ,... 'ti ! . .� _- r _r �' , '4 ', '. _____ � r_ " .', S.N. 045-0058 �.�_ � �r� tr �' •`.� Chicago Street over `' t � ,1_i - " _- '\ Fox River '�; ' , n7 v 1,%&--.,...,.,...."-4"" ,' \ 1 4 ‘sl,V ,a.k tip. tea- '..7...,, ......,1::1,-,!,,,'0'.,,,,1,,,,,,, .+" ���� .L. -,, _er4, . M t � y f • ax: T—,______Irt1....,_,„.i ` r "2r','a. S 0.,30' �f 1� '.Sa " . 1,`1 '.?1 ,l.r;! "i<,. ii -'- °L%r, ? '� ; q ' „_;_,'' , i > rwt ,4 :-e— -fi' _ f '4 ,— ,% ,,' lr' S.N. 045-6304 �a : s,,, ,, 11 ' N National Street over 'i; „i '', t ,, '„'n, t Fox River __ +{ r = K 77 ,--, -ti ff s S.N. 016-0222 ' , . Villa Street over -- -1 ' A t. S.N. 016-2523. k f Willow Creek "' ' ,�^1 Villa Street over Ira �� i'. + : 1 ,,, � �;'t Poplar Creek 4 I "' - L } n :, a 4 r �r ark `,'' �`^ '" r; .� : _ � r I i� I , ' ,, ,,� T F ' ---- Iti i,,-, ) i _ (k 9 1 k r-; 3-L-1-1 of ' ,y7..' , Zi F_____ tiik `irI,.4-1.e 1elyr- ^ , t .I !t t s iY 1 . _ I "r,-e_ t ,,f Al;',J, €s r'-- , L,-i.P"P "C `, S.N. 016-6940 �,' F Bluff City Boulevard 1 over Poplar Creek is ,, ` _,i'r 1s { k-u.t ' '�,�'R 1 °'y�,{;:s "'ti ear. eye •5 „.: n� -.:wt 0 • sM�' t. 020,147'04 , . a Shales Parkway over :mi' °�` E;? t Poplar Creek t b a " . r-�- •p, i ,k }� '''',4.,.."9111,1X,-0,4:1111:',•"*1:'1 :: ,-,:t4611:;1,A1-1111111,;:-,.-,,,,-wrotigi,Tak.,1:4142`, 40;•''s:N, '4' 74' ir, . p it k.gvIttio } ti ft, ,•-i-• .4'...7..,,L7,,--,- ,,w,.7.-..:,,,,,,,,.;,:i. ,t...,...r,f,6-:•_•. 0.,x.N.4.: ;.,414tkoad..,;,,;,:,. ., • . Ar R . ... to ..,:<; v, L,i,L. 6.. ,, .., ._. .>�,a k.,..�s4 � xa• ;_ ` 94 te a, 1 c k x ?v�F�1 Dr b i� t r AID b ;,• ` P '' '' `j.. 44141'f ,1 rg 1 - r - xt ,, • yv,3 .l.�..#�'+{'�.,y.x_�.)� t �r.p,.�.L ('� - ".�'.t .• � +mow �,^'" �ik'` �, .' -'� 'T L[ J`+.'1' x..t 4Ji .14//4 Uwv=a.. SkR ry -.Ec Y lty b <. S.N. 045-3322 y : . n x . °,, 04.,%0'. -_ , Big Timber Road ,-� �' r,� s„ 4 �, 4 F. over Tyler Creek , - v ilk,fix'.• � r �• , , •..,a . . °** c. - a t,,1� -, .=F,, *.,1'' d ,.1, .'tea ! • Z'` 4.,""_ W 7W .�i ate '+ •Al r .mow . tar � S m i'''y w "� `�>�`: � + � Yk s 3z� 41 ▪ ' i, Y :sM'.: r ..1� 5 'tea`,r ,,; -p�,s � �' '-xz � 5 8 ,, ��S a t T ft � r ," �l{ , ri ';EB's ,fig1,1'0 r ',1"x t aft 14' k�.0' i H , w, a 4 -_ %- e., , ;` g �' .r",` i .,,,, ,rv.� .t i...,.t'r.P.rn:� �..R;`uaw.:,..' .' s....,.,. M�"'..."al ?+•«,,-.14'F,17,, v ., 4. .: ='r ,...H �.:'a.tf.,I, • • n nnc in n n n r. • 1 r r . . . t ,,i S.N. 045-6306 �L✓�j S.N. 045-6300 ' � ` Royal Boulevard rs ,= , McLean Boulevard over i, �� 47 I Over Tyler Creek i �` � i Tyler Creek ,, � � -- ;-.__ cad � 1 1-` d _ 1 rah .1 j i i I }iiY�i4.1,i r I t g k - i n i i t ri._ '� i I r� , �4 r : i 4 �� � f fi a ` '' ` ':E. S.N. 045-6305 � '' - Eagle Road over d�- "� ` Tyler Creek I 4 * r b e i ;e�,3 ,lf iFI r`+Scr ms f. , fi 4 j `.':fit L Y l �'�IT^�_6F. - -'— '_ S — `,. % ^f is ,F- "' r' ) 1 i4• �_ I ,, 4X - ; i'4, . --,,;4:.,...,,,, , --,-,,..„1 7 . ,- ,- x4 o Highland Avenue ,,..4 over Sandy Creek fi 1 , i - ' �„ 1 �rresiu....u..St.s.�.r3zwxk..waua-a.sxi���� :l,�'' �uE -. i .7 ,.. EXHIBIT B Selection Results 2006/2007 BRIDGE INSPECTION AVERAGE SCORE SHEET CONSULTANTS SELECTION TEAM CMT COLLINS HLR HNTB LOCHNER LONCO TYLIN John Loete 6 4 2 5 7 1 3 Joe Evers 6 5 1 4 3 7 2 Steve Pertzborn 4 6 1 7 3 2 5 Moud Ahmad 4 6 5 7 3 2 1 4\ ,1 1, £. Omar Santos 7 5 1 6 4 2 3 TOTAL SCORE 27 26 10 29 20 14 14 AVERAGE SCORE 3.86 3.71 1.43 4.14 2.86 2.00 2.00 Note: Assigned scores based on the following formula: 7,--highest, 1=lowest 2006/2007 BRIDGE INSPECTION QUALIFICATIONS RATING SHEET - SUMMARY CONSULTANTS CMT COLLINS I-ILR HNTB LOCHNER LONCO TY LIN EVALUATION FACTORS WEIGHT JL JE SP MA OS JL JE SP MA OS JL JE SP MA OS JL JE SP MA OS JL JE SP MA OS JL JE SP MA OS JL JE SP MA OS Project Manager Qualifications 0-25 21 21 19 13 20 22 20 21 20 19 21 19 17 19 16 22 21 21 23 20 22 20 19 18 21 22 21 20 18 18 21 20 20 13 20 Prjo ect Team Qualifications 0-25 22 19 21 16 20 21 17 22 20 18 21 17 19 20 15 20 18 22 21 18 22 19 21 15 18 21 19 19 16 17 21 17 21 15 16 Firm Experience 0-10 9 7 8 6 10 10 8 9 7 10 9 6 7 7 9 10 6 9 7 10 9 7 8 5 7 9 7 7 4 10 10 7 9 4 8 Scope of Services Proposed 0-25 22 19 20 25 23 21 18 16 18 21 21 18 16. 15 _20 22 19 21 20 21 24 18 21 18 22 21 21 19 18 21 22 20 22 23 23 Familiarity With Conditions 0-10 10 9 8 6 9 9 9 10 5 9 10 8 8 7 10 9 7 9 5 9 8 6 6 4 8 8 6 5 4 7 8 5 5 3 7 Technology 0-5 5 3 5 3 5 5 3 5 2 4 5 3 5 3 4 5 3 5 3 4 5 3 5 3 4 5 5 5 2 4 5 3 5 3 4 TOTALS 0-100 89 78 81 69 87 88 75 83 72 81 87 71 72 71 74 88 5 74 87 79 82 t90 73 80 63 80 86 79 75 62 77 87.5 72 82 61 78 Engineering Services Agreements r AGREEMENT • THIS AGREEMENT is hereby made and entered into this day of , 2006, by and between the CITY OF ELGIN, Illinois, a municipal corporation(hereinafter referred to as "CITY")and HNTB CORPORATION(hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the routine biennial inspection of 14 highway bridges(hereinafter referred to as the"PROJECT"); and WHEREAS, the ENGINEER represents that it 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, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged,the CITY and ENGINEER hereby agree that the CITY hereby retains ENGINEER to act for and represent CITY in the engineering matters involved in the Project as set forth herein, subject to the following terms,conditions and stipulations: I. SCOPE OF SERVICES A. All services hereunder shall be performed under the direction of the Director of Public Works of the CITY, herein after referred to as the "DIRECTOR". B. The professional services to be performed by the ENGINEER under this Agreement include the routine field inspection, completion of State of Illinois bridge inspection documentation, and preparation of a bridge inspection report with inspection findings, evaluation,rehabilitation recommendations, and estimated probable construction costs for the following CITY highway bridges: 2006 Calendar Year Bridges: 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. Highland Avenue over Sandy Creek T . • - 2- 2007 Calendar Year Bridges: 1. Kimball Street over the Fox River 2. NationaI Street over the Fox River 3. Riverside.Drive between Highland Avenue &Chicago Street 4. Royal Boulevard over Tyler Creek 5. Eagle Road over Tyler Creek 6. McLean Boulevard over Tyler Creek C. The professional services to be provided by the ENGINEER under this Agreement have been divided into the following two phases: 1. The professional services associated with the 2006 Calendar Year Bridges as listed in paragraph I.B are funded under the cost-not-to-exceed fee identified in paragraph IV.A and as further identified in Attachment B. 2. The professional services associated with the 2007 Calendar Year Bridges as listed in paragraph LB. are funded under the cost-not-to-exceed fee identified in paragraph IV.B and as further identified in Attachment B. D. A more detailed Scope of Services is attached hereto as Attachment A. II. PROGRESS REPORTS • A. ENGINEER shall comply with the project milestone outline schedule below: • 2006 Calendar Year Bridges Anticipated Notice to Proceed July 1, 2006 Anticipated Completion of Data Collection 2 weeks after NTP Anticipated Completion of Bridge Inspections 5 weeks after NTP Anticipated Submission of Inspection Documentation 9 weeks after NTP 2007 Calendar Year Bridges Anticipated Notice to Proceed July 1,2006 • Anticipated Completion of Data Collection 2 weeks after NIP Anticipated Completion of Bridge Inspections 5 weeks after NTP Anticipated Submission of Inspection Documentation 9 weeks after NTP • 1 I -3 _ B. A detailed project schedule for the Project is included as Attachment C, 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. ENGINEER shall submit to DIRECTOR a written monthly status report recording ENGINEER'S progress, findings and outstanding issues. III. 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 upon payment to the ENGINEER therefor; 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 to the ENGINEER. } IV. PAYMENTS TO THE ENGINEER(Not To Exceed Method) A. For services provided for the 2006 Calendar Year Bridges,the ENGINEER shall be paid at the rate of 3.0 times the direct hourly rate of personnel employed on this PROJECT,with the total fee for this portion of the project not to exceed Twenty- Three Thousand, Seven Hundred, Ten dollars ($23,710)regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the services are authorized by the CITY through a change order or amendment to the maximum payment provided for herein. B. For services provided for the 2007 Calendar Year Bridges,the ENGINEER shall be paid at the rate of 3.0 times the direct hourly rate of personnel employed on this PROJECT,with the total fee not to exceed Eighteen Thousand, Three Hundred, Ten dollars($18,310)regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the services are authorized by the CITY through a change order or amendment to the maximum payment provided for herein. The ENGINEER shall not begin work on the 2007 Calendar Year Bridges nor invoice the CITY for services related to the 2007 Calendar Year Bridges until a funding appropriation for the 2007 Calendar Year Bridge work has been enacted by the CITY, and the ENGINEER has received a Notice-to-Proceed for this work. C. A summary of the ENGINEER fee calculation, including a description and estimate • • -4- of the various reimbursable expenses is attached hereto as Attachment B. The ENGINEER shall be paid at the rate of 1.0 times the direct cost of the reimbursable expenses incurred on this PROJECT. 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 on Attachment B, and full payments for each task shall not be made until th.e task is completed and accepted by the DIRECTOR. V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (Paragraph II.0 above)will he 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 services performed 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 or ENGINEER may terminate this Agreement at any time upon fifteen(15) days prior written notice to the other party. 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; provided, however, that such payment shall not exceed the total fee maximum or task amounts set forth under Article 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 VI or IX, shall be deemed concluded on the date that all of the ENGINEER's services under this agreement are completed. Completion shall not constitute a waiver of any rights or claims which either party may have or thereafter acquire with respect to any term or provision of the Agreement. Neither the CITY nor ENGINEER shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of. . ; _5 _ the nonperforming party. For purposes of this Agreement, such circumstances included, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war,riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage;judicial restraint; and delay in or inability to procure permits, licenses;or authorizations from any local, state or federal agency for any of the supplies,materials, accesses, or services required to be provided by either CITY or ENGINEER under this Agreement. ENGINEER shall be granted a reasonable extension of time for any delay in its performance caused by any such circumstances. Should such circumstances occur,the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 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 its 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. 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 and hold harmless the CITY, its officers, employees,boards and commissions from and against judgments, costs, attorney's fees, and damages, including but not limited to workers' compensation claims,to the extent caused by the negligent acts or omissions of the ENGINEER in connection herewith, including negligent acts or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. The provisions of this paragraph shall survive any termination or expiration of this agreement. ; 1 - 6- 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 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 Certificate of Insurance naming the CITY AS ADDITIONAL INSURED. The policy shall not be cancelled or non-renewed without thirty(30)days prior written.notice to the DIRECTOR. Such Certificate of Insurance shall include,but not be limited to, coverage for the obligations assumed by ENGINEER pursuant to Article X herein entitled "Indemnification". Such above-referenced 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 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 Polley. 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 Engineer's Professional Liability Insurance covering claims to the extent caused by the negligent error, omissions or acts with a limit of not less than$1,000,000 per claim. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be cancelled or non- renewed without thirty(30)days prior written notice to the DIRECTOR. • - 7 _ XIII. CONSTRUCTION MEANS,METHODS,TECHNIQUES,SEQUENCES., PROCEDURES AND SAFETY The ENGINEER shall not ha a 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. 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 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 or ENGINEER; provided, however, ENGINEER may assign its rights to payment with CITY'S consent. 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 • - 8- hereof to the same extent that the ENGINEER would have been obligated if it had • done the services itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall be agreed to in writing by the CITY and ENGINEER. 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, except to such extent as may be specifically provided for herein. 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. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire.Agreement from being void should a provision which is of the essence of this Agreement be determined void. XIX. 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 an.y 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 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. -9- 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 consent from the DIRECTOR,nor will the ENGINEER make public proposals developed under this Agreement without prior written consent 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 5133E 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 • � i - 10- 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 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: • CRAIG HETUE, S.E.;P.E. HNTB CORPORATION III North Canal Street Suite 1250 Chicago, Illinois 60606-7252 - I1 - XXVIII. INFORMATION.FROM CITY ENGINEER shall not be responsible for verifying or ensuring the accuracy of any information or content supplied by CITY or any other Project participant,nor ensuring that such information or content does not violate or infringe any law or other third party rights. CITY shall indemnify ENGINEER for any infringement claims resulting from ENGINEER's use of such content,materials,or documents. XXIX. INSPECTION SERVICES ENGINEER's inspections shall be limited to accessible areas of a structure and shall be for structural evaluation only based upon readily available information and observation of existing conditions. When making inspections of a structure, it is required that certain assumptions be made regarding the existing conditions, subsurface conditions or concealed elements of a structure. Due to these limitations, ENGINEER cannot discover all actual conditions or structural weaknesses and will base its recommendations upon its professional experience and opinions. XX. DISPUTES In the event of a dispute between CITY and ENGINEER arising out of or related to this Agreement, the aggrieved party shall notify the other party of the dispute within a reasonable time after such dispute arises. If the parties cannot thereafter resolve the dispute,each party shall nominate a senior officer of its management to meet to resolve the dispute by direct negotiation or mediation. Should such negotiation or mediation fail to resolve the dispute, either party may pursue resolution of the dispute by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association;provided, however, in the event the parties are unable to reach agreement to arbitrate under terms reasonably acceptable to both parties, either party may pursue resolution in any court having jurisdiction. During the pendency of any dispute, the parties shall continue diligently to fulfill their respective obligations hereunder. XXI. STANDARD OF CARE The same degree of care, skill, and diligence shall be exercised in the performance of the Services as is ordinarily possessed and exercised by a member of the same • M t - 12 - profession, currently practicing, under similar circumstances. No other warranty, express or implied, is included in this Agreement or in any drawing, specification, report, opinion, or other instrument of service, in any form on media,produced in connection with the Services. • • • • { I a - 13 - 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 • By By City Clerk City Manager (SEAL) For the ENGINEER: Dated this c / day of ///7 i Y A.D., 2006 ATTEST: By -0.4 f By Secretary Vice resident • (SEAL) °s ..OFFICIAL SEAL" + PAMELA A. WAFFORD + Notary Public,State of Illinois e My Commission Expires 10/12/09 ATTACHMENT A SCOPE OF SERVICES ATTACHMENT A SCOPE OF SERVICES I. PROJECT DESCRIPTION This project consists of the inspection and evaluation of the CITY's existing bridges, update and submittal of the required Illinois Department of Transportation(DOT)inspection forms and documentation, and the preparation of bridge inspection reports detailing the inspection findings,summarizing the necessary repairs, and providing an estimate of probable construction cost. HNTB will perform the following services pertaining to the project. I.I. SCOPE OF SERVICES A. Data Collection HNTB will collect and assemble the data, information, and equipment necessary to perform the bridge inspections,complete the DOT documentation,and prepare the reports required for this project. HNTB shall perform the following services: 1. Review available as-built plans and previous rehabilitation plans for each bridge; 2. Obtain copies of previous bridge inspection reports from the CITY for use during the inspection; 3. Organize inspection gear and equipment,and arrange for a boat to be used for the visual inspection of the accessible underside elements at the structures over the Fox River; 4. Contact IDOT-District I to obtain current copies of the IDOT inspection forms to be completed in accordance with LOOT guidelines. B. Bridge Inspection& Evaluation HNTB will perform one(1)routine field inspection and evaluation of the following fourteen(14)bridges located in the City of Elgin. During the 2006 calendar year, the following eight(8)bridges will be inspected and evaluated: 1. Highland Avenue over the Fox River 2. Chicago Street over the Fox River 3. Villa Street over Poplar Creek 4. Bluff City Boulevard over Poplar Creek 5. Villa Street over Willow Creek 6. Big Timber Road over Tyler Creek 7. Highland Avenue over Sandy Creek 8. Shales Parkway over Poplar Creek A-1 r . ATTACHMENT A SCOPE OF SERVI CES During the 2007 calendar year, the remaining six (6)bridges will be inspected and evaluated: 1. National Street over the Fox River 2. Kimball Street over the Fox River 3. Riverside Drive between Highland Ave and Chicago Street 4. Eagle Road over Tyler Creek 5. Royal Boulevard over Tyler Creek 6. North McLean Boulevard over Tyler Creek HNTB will perform the routine bridge inspections in accordance with the"Bridge Inspector's Training Manual"published by the USDOTIFHWA,National Bridge Inspection Standards(NBIS), and the IDOT"Structure Information and Procedure Manual". The criteria used to evaluate and condition rate the existing bridges will conform to the IDOT"Structure Information and Procedure Manual". Steel members on the Big Timber Road and Shales Parkway structures, and the corrugated metal at the McLean Boulevard structure will be visually inspected for rusting, pitting, and section loss. The accessible concrete beams, girders, and arch elements used on the other structures will be visually inspected for cracks, leaching, spalling, and other deterioration. Concrete substructure members above the waterline will be visually inspected and randomly sounded to locate deteriorated areas. Abutments will be measured for plumbness. The surface and underside of the bridge deck and sidewalks will be visually inspected for cracking, heaving, leaching, spalling and other deterioration. Bridge railings will be inspected for soundness, loose or missing rail sections, and losse or missing anchor bolts securing the railing posts to the bridge structure. The approach roadways and guide rails will be visually inspected for deterioration and anchorage to the bridge structure. Deficiencies and deterioration will be measured, digitally photographed, and recorded on sketches for inclusion in the reports. The degree of deterioration will be compared with the deterioration noted in the previous inspection reports to determine the recommended course of action. All notes and deficiencies will be recorded in English units. Detailed underwater inspection and diving,hydraulic analysis and inspection,scour analysis,non-destructive testing methods such as magnetic particle, ultrasound, or dye- penetrant, material testing, pavement cores,paint adhesion testing, and geotechnical investigations are not anticipated to be required for these biennial inspections, and have not bee included in this scope of services. A-2 ATTACHMENT A SCOPE OF SERVICES C. 1DOT Forms and Documentation Within 2 months of the field inspection, HNTB will update and submit the following forms as required to the City of Elgin and to IDOT for their records: 1. Inspection Appraisal Report(RIS-R104) 2. Inventory Turnaround Report(RIS-R105) 3. Key Turnaround Route Report(RIS-Rl 11) 4. Bridge Inspection Report form BIR-1 (MI) HNTB will obtain copies of these documents from IDOT-District I based on previous inspections for use in the current inspection in accordance with IDOT guidelines. HNTB will update, code,and submit these forms to the City of Elgin and to IDOT in accordance with DOT and FHWA policies,procedures,.and standards. The Bridge Record Report(form BLR 06310)is not required to be submitted to IDOT District 1 as part of the biennial inspection,but will be included in the inspection report for the City's reference. The Master Report(RIS-S 107)is automatically generated from information provided from the first three reports listed above. Since the Master Report contains no new information,it will not be included in the final report. D. Inspection Reports HNTB will prepare an inspection report for each structure. This report will include an executive summary,description of the structure,results from the field investigation, evaluation of the inspection findings,recommendations for structure rehabilitation, and an estimate of probable construction costs. Appendices to each report will contain a location map,inspection photographs, revised MOT forms, and inspection notes or sketches as applicable. The reports will be prepared using Microsoft Word software while estimates of probable construction cost will be prepared using Microsoft Excel software. The City of Elgin will receive two(2)printed copies of each inspection reports as well as an electronic copy of each inspection report. Each report will be printed on 8-1/2 by 11 inch paper,and either stapled or bound with a plastic coil. HNTB will submit two copies of a Pre-Final report(90%complete) for each bridge for review by the City of Elgin. After addressing the City's comments,HNTB will submit two copies of the final inspection report for each bridge. A-3 • ATTACHMENT B FEE < r ATTACHMENT C PROJECT SCHEDULE ATTACHMENT C CITY OF ELGIN 2006-2007 BRIDGE INSPECTION PROGRAM ANTICIPATED SCHEDULE ESTIMATED 2006 2006 Bridge Inspection Program HOURS JULY AUGUST PROJECT MANAGEMENT 10 2400140010,,s;, `.thy *.''..:3'`''iU:x` DATA COLLECTION Acquire/Review previous bridge inspection reports and data 4 Acquire previous IDOT inspection forms/prepare for new inspection 4 BRIDGE INSPECTIONS&EVALUATION Highland Ave and Chicago St over the Fox River 24 `vz OtI >r r t g �R,= ;, 6 Structures over various creeks 48 6 •BRIDGE REPORTS&IDOT DOCUMENTATION 72 5 t�'T r , .i, ,k, ��;�,,,,,�„t,,: City Review ��r QUALITY ASSURANCE/QUALITY CONTROL REVIEW 8 • s'`s'y 170 ESTIMATED 2007 2007 Bridge Inspection Program HOURS JULY AUGUST PROJECT MANAGEMENT 8t , aTM , >,� ,r}, �;, ,ri�.tr fi.n..£ :v�'.T,.3,w"�:4�.�� ,,�.s,>. Y ;,.��#::-�'�^.3�F 3,r:�\� aH.`r� DATA COLLECTION Acquire/Review previous bridge inspection reports and data 3 } (1 k Acquire previous IDOT inspection forms/prepare for new inspection 3 , BRIDGE INSPECTIONS&EVALUATION Kimball St and National over the Fox River 24 sc y .� . 3 Structures over various creeks and Riverside Drive 32 lattat BRIDGE REPORTS&IDOT DOCUMENTATION 54 mois`t City Review 10 QUALITY ASSURANCE/QUALITY CONTROL REVIEW 6 t. 130 Sheet Cl of 1