HomeMy WebLinkAbout10-104 Resolution No. 10-104
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
COLLINS ENGINEERS, INC.
(2010-2011 Bridge Inspection and Maintenance Program)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Sean R. Stegall,City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and
directed to execute an agreement on behalf of the City of Elgin with Collins Engineers,Inc. for the
2010-2011 Bridge Inspection and Maintenance Program, a copy of which is attached hereto and
made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: May 26, 2010
Adopted: May 26, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this 26thday of May ,2010 ,by and between
the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and
COLLINS ENGINEERS, INC., an Illinois Corporation(hereinafter referred to as"ENGINEER").
WHEREAS,the CITY desires to engage the ENGINEER to furnish certain professional services in
connection with connection with City's 2010-2011 BRIDGE INSPECTION AND MAINTENANCE
PROGRAM (hereinafter referred to as the PROJECT); and
WHEREAS, the ENGINEER represents that it is in compliance with Illinois Statutes relating to
professional registration and has the necessary expertise and experience to furnish such services upon
the terms and conditions set forth herein below.
NOW, THEREFORE, it is hereby agreed by and between the CITY and the ENGINEER that the
CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and
covenants contained herein,the sufficiency of which is hereby acknowledged to act for and represent
it in the engineering matters involved in the PROJECT as described herein,subject to the following
terms and conditions and stipulations, to-wit:
1. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the City Engineer of the
CITY, herein after referred to as the"DIRECTOR".
B. The ENGINEER'S scope of services are:Inspection of seven(7)bridges in 2010 and
seven (7) in 2011, preparation of contract plans, specification and estimates for
bridge repairs of thirteen(13) structures and providing construction inspection.
C. A detailed Scope of Services is attached hereto and made a part hereof as Attachment
2. PROGRESS REPORTS
A. An outline project milestone schedule is provided hereinunder.
B. A detailed project schedule for the Project is included as Attachment B, attached
hereto and made part hereof. Progress will be recorded on the project schedule and
submitted monthly as a component of the Status Report described in C below.
C. The ENGINEER will submit to the DIRECTOR monthly a status report keyed to the
project schedule.A brief narrative will be provided identifying progress,findings and
outstanding issues.
3. WORK PRODUCTS
All work products prepared by the ENGINEER pursuant hereto including,but not limited to,
reports, designs, calculations, work drawings, studies, photographs, models and
recommendations shall be the property of the CITY and shall be delivered to the CITY upon
request of the DIRECTOR provided, however, that the ENGINEER may retain copies of
such work products for its records. Such work products are not intended or represented to be
suitable for reuse by the CITY on any extension to the PROJECT or on any other project.
4. PAYMENTS TO THE ENGINEER(Not To Exceed Method)
A. For services provided the ENGINEER shall be paid at the rate of 2.85 times the
direct hourly rate of personnel employed on this PROJECT,with the total fee not to
exceed$92,233.38 regardless of the actual costs incurred by the ENGINEER unless
substantial modifications to the scope of the work are authorized in writing by the
DIRECTOR.
B. For outside services provided by other firms or subconsultants, the CITY shall pay
the ENGINEER the invoiced fee to the ENGINEER, plus 5%.
C. Direct Costs are:Report Production&CD-ROM,Car Rental,Mileage,Shipping and
Expendable supplies (as shown in the Cost Proposal).
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 schedules
included herein or in any other contract documents, and full payments for each task
shall not be made until the task is completed and accepted by the DIRECTOR.
E. Once the project commences,the Engineer will submit payments on a monthly basis.
5. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress
reports (2C above) will be included with all payment requests.
B. The ENGINEER shall maintain records showing actual time devoted and cost
incurred. The ENGINEER shall permit the authorized representative of the CITY to
inspect and audit all data and records of the ENGINEER for work done under this
Agreement. The ENGINEER shall make these records available at reasonable times
during the Agreement period, and for a year after termination of this Agreement.
6. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any
time upon fifteen (15) days prior written notice to the ENGINEER. In the event that this
Agreement is so terminated, the ENGINEER shall be paid for services actually performed
and reimbursable expenses actually incurred prior to termination,except that reimbursement
shall not exceed the task amounts set forth under Paragraph 4 above.
7. TERM
This Agreement shall become effective as of the date the ENGINEER is given a notice to
proceed and,unless terminated for cause or pursuant to Article 5,shall be deemed concluded
on the date the CITY determines that all of the ENGINEER's work under this Agreement is
completed. A determination of completion shall not constitute a waiver of any rights or
claims which the CITY may have or thereafter acquire with respect to any term or provision
of the Agreement.
8. NOTICE OF CLAIM
If the ENGINEER wishes to make a claim for additional compensation as a result of action
taken by the CITY,the ENGINEER shall give written notice of his claim within 15 days after
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occurrence of such action. No claim for additional compensation shall be valid unless so
made. Any changes in the ENGINEER's fee shall be valid only to the extent that such
changes are included in writing signed by the CITY and the ENGINEER. Regardless of the
decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work
required under this Agreement as determined by the DIRECTOR shall proceed without
interruption.
9. BREACH OF CONTRACT
If either party violates or breaches any term of this Agreement,such violation or breach shall
be deemed to constitute a default, and the other party has the right to seek such
administrative, contractual or legal remedies as may be suitable to the violation or breach;
and, in addition, if either party,by reason of any default, fails within fifteen(15)days after
notice thereof by the other party to comply with the conditions of the Agreement,the other
party may terminate this Agreement. Notwithstanding the foregoing or anything else to the
contrary in this agreement,with the sole exception of the monies the CITY has agreed to pay
to the ENGINEER pursuant to Section 4 hereof, no action shall be commenced by the
ENGINEER or any other related entity against the CITY for monetary damages.
10. INDEMNIFICATION
To the fullest extent permitted by law,ENGINEER agrees to and shall indemnify,defend and
hold harmless the CITY, its officers, employees,agents,boards and commissions from and
against any and all claims, suits,judgments, costs, attorneys fees, damages or other relief,
including but not limited to workers compensation claims, in any way resulting from or
arising out of negligent actions or omissions of the ENGINEER in connection herewith,
including negligence or omissions of employees or agents of the ENGINEER arising out of
the performance of this Agreement. In the event of any action against the CITY,its officers,
employees, agents, boards or commissions, covered by the foregoing duty to indemnify,
defend and hold harmless such action shall be defended by legal counsel of the CITY's
choosing. The provisions of this paragraph shall survive any expiration,completion and/or
termination of this Agreement.
11. NO PERSONAL LIABILITY
No official, director,officer, agent or employee of the CITY shall be charged personally or
held contractually liable under any term or provision of this Agreement or because of their
execution, approval or attempted execution of this Agreement.
12. INSURANCE
A. Comprehensive Liability. The ENGINEER shall provide,pay for and maintain in
effect,during the term of this Agreement,a policy of comprehensive general liability
insurance with limits of at least $1,000,000 aggregate for bodily injury and
$1,000,000 aggregate for property damage.
The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming
the CITY as additional insured. The policy shall not be modified or terminated
without thirty(30) days prior written notice to the DIRECTOR.
The Certificate of Insurance which shall include Contractual obligation assumed by
the ENGINEER under Article 10 entitled"Indemnification' shall be provided.
This insurance shall apply as primary insurance with respect to any other insurance or
self-insurance programs afforded to the CITY. There shall be no endorsement or
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modification of this insurance to make it excess over other available insurance,
alternatively, if the insurance states that it is excess or prorated, it shall be endorsed
to be primary with respect to the CITY.
B. Comprehensive Automobile Liability. Comprehensive Automobile Liability
Insurance covering all owned,non-owned and hired motor vehicles with limits of not
less than $500,000 per occurrence for damage to property.
C. Combined Single Limit Policy. The requirements for insurance coverage for the
general liability and auto exposures may be met with a combined single limit of
$1,000,000 per occurrence subject to a$1,000,000 aggregate.
D. Professional Liability. The ENGINEER shall carry Engineers Professional Liability
Insurance Covering claims resulting from error, omissions or negligent acts with a
combined single limit of not less than $1,000,000 per occurrence. A Certificate of
Insurance shall be submitted to the DIRECTOR as evidence of insurance protection.
The policy shall not be modified or terminated without thirty(30)days prior written
notice to the DIRECTOR.
13. CONSTRUCTION MEANS,METHODS,TECHNIQUES, SEQUENCES,
PROCEDURES AND SAFETY
The ENGINEER shall not have control over or charge of and shall not be responsible for
construction means,methods,techniques,sequences or procedures,or for safety precautions
and programs in connection with the construction,unless specifically identified in the Scope
of Services.
14. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement,there shall be no
discrimination against any employee or applicant for employment because of sex,age,race,
color,creed,national origin,marital status,of the presence of any sensory,mental or physical
handicap, unless based upon a bona fide occupational qualification, and this requirement
shall apply to, but not be limited to, the following: employment advertising, layoff or
termination,rates of pay or other forms of compensation and selection for training,including
apprenticeship.
No person shall be denied or subjected to discrimination in receipt of the benefit of any
services or activities made possible by or resulting from this Agreement on the grounds of
sex,race, color, creed,national origin, age except minimum age and retirement provisions,
marital status or the presence of any sensory,mental or physical handicap. Any violation of
this provision shall be considered a violation of a material provision of this Agreement and
shall be grounds for cancellation, termination or suspension, in whole or in part, of the
Agreement by the CITY.
15. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the successors and
the assigns of the parties hereto; provided, however, that no assignment shall be made
without the prior written consent of the CITY.
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16. DELEGATIONS AND SUBCONTRACTORS
Any assignment,delegation or subcontracting shall be subject to all the terms,conditions and
other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with
respect to each and every item,condition and other provision hereof to the same extent that
the ENGINEER would have been obligated if it had done the work itself and no assignment,
delegation or subcontract had been made. Any proposed subcontractor shall require the
CITY's advanced written approval.
17. NO CO-PARTNERSHIP OR AGENCY
This Agreement shall not be construed so as to create a partnership, joint venture,
employment or other agency relationship between the parties hereto.
18. SEVERABILITY
The parties intend and agreed that, if any paragraph, sub-paragraph,phrase, clause or other
provision of this Agreement, or any portion thereof, shall be held to be void or otherwise
unenforceable, all other portions of this Agreement shall remain in full force and effect.
19. HEADINGS
The headings of the several paragraphs of this Agreement are inserted only as a matter of
convenience and for reference and in no way are they intended to define,limit or describe the
scope of intent of any provision of this Agreement, nor shall they be construed to affect in
any manner the terms and provisions hereof or the interpretation or construction thereof.
20. MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes the entire Agreement of the parties on the
subject matter hereof and may not be changed,modified,discharged or extended except by
written amendment duly executed by the parties. Each party agrees that no representations or
warranties shall be binding upon the other party unless expressed in writing herein or in a
duly executed amendment hereof, or change order as herein provided.
21. APPLICABLE LAW
This Agreement shall be deemed to have been made in,and shall be construed in accordance
with the laws of the State of Illinois. Venue for the resolution of any disputes or the
enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane
County, Illinois.
22. NEWS RELEASES
The ENGINEER may not issue any news releases without prior approval from the
DIRECTOR, nor will the ENGINEER make public proposals developed under this
Agreement without prior written approval from the DIRECTOR prior to said documentation
becoming matters of public record.
23. COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants in the CITY's employ or any
work associated with the PROJECT.
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24. INTERFERENCE WITH PUBLIC CONTRACTING
The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result
of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid
rigging.
25. SEXUAL HARASSMENT
As a condition of this contract,the ENGINEER shall have written sexual harassment policies
that include, at a minimum, the following information:
A. the illegality of sexual harassment;
B. the definition of sexual harassment under state law;
C. a description of sexual harassment,utilizing examples;
D. the vendor's internal complaint process including penalties;
E. the legal recourse,investigative and complaint process available through the Illinois
Department of Human Rights, and the Illinois Human Rights Commission;
F. directions on how to contact the department and commission;
G. protection against retaliation as provided by Section 6-101 of the Human Rights Act.
A copy of the policies shall be provided by ENGINEER to the Department of Human Rights
upon request 775 ILCS 5/2-105.
26. WRITTEN COMMUNICATIONS
All recommendations and other communications by the ENGINEER to the DIRECTOR and
to other participants which may affect cost or time of completion shall be made or confirmed
in writing. The DIRECTOR may also require other recommendations and communications
by the ENGINEER be made or confirmed in writing.
27. NOTICES
All notices, reports and documents required under this Agreement shall be in writing and
shall be mailed by First Class Mail, postage prepaid, addressed as follows:
A. As to CITY:
JOSEPH EVERS,P.E.
City Engineer- City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER:
James Hamelka
Project Manager
Collins Engineers, Inc.
123 North Wacker Dr Suite 300
Chicago, IL 60606
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28. COMPLIANCE WITH LAWS
Notwithstanding any other provision of this AGREEMENT it is expressly agreed and
understood that in connection with the performance of this AGREEMENT that the
ENGINEER shall comply with all applicable Federal, State,City and other requirements of
law, including, but not limited to, any applicable requirements regarding prevailing wages,
minimum wage, workplace safety and legal status of employees. Without limiting the
foregoing, ENGINEER hereby certifies, represents and warrants to the CITY that all
ENGINEER'S employees and/or agents who will be providing products and/or services with
respect to this AGREEMENT shall be legal residents of the United States. ENGINEER shall
also at its expense secure all permits and licenses, pay all charges and fees and give all
notices necessary and incident to the due and lawful prosecution of the work, and/or the
products and/or services to be provided for in this AGREEMENT. The CITY shall have the
right to audit any records in the possession or control of the ENGINEER to determine
ENGINEER'S compliance with the provisions of this section. In the event the CITY
proceeds with such an audit the ENGINEER shall make available to the CITY the
ENGINEER'S relevant records at no cost to the CITY. CONTRACTOR shall pay any and
all costs associated with any such audit.
IN WITNESS WHEREOF,the parties hereto have entered into and executed this agreement
effective as of the date and year first written above.
FOR THE CITY: FOR THE ENGINEER:
By ife • � ByCr Senior Vice President
Attest:
City Clerk
F:\Legal Dept\Agreement\ENGINEERING AGREEMENT-FORM-04-17-08.doc
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ATTACHMENT A
Detailed Scope of Services
Maintenance Program
• Review all available project data.
• Review the 2008/2009 Routine Inspection and Underwater Inspection Reports.
• Obtain plans, as required,for any structures noted as having significant defects.
• Conduct site visits at all structures that have recommended repairs.
• Prepare contract documents for bidding purposes (Plans, Specifications, estimates, Etc.).
• bid approval from City staff of b d documents.
• Advertise project in IDOT Local Roads Bulletin or newspaper.
• Review bids and recommend award to lowest responsible bidder.
• Receive City Council concurrence to award to lowest responsible bidder.
• Prepare contract documents for execution by City and Contractor
• Assist the City in the tabulation and interpretation of the contractor's proposals.
• Attend a preconstruction conference and prepare minutes.
• Provide construction guidance during construction:
1. Attend conferences at any reasonable time when requested by the
City.
2. Consultation on interpretation of plans and specifications and changed
during construction.
3. Checking shop drawing and working drawings.
4. Periodical job-site observation as construction progresses.
5. Reviewing and checking reports by testing laboratories on equipment
and material tested.
6. Reviewing and checking payment estimates, change orders, records
and reports required by the City.
7. Conduct final observation of construction and preparation of final
papers and reports.
Bridge Inspection and Reporting
• Review previous inspection reports and repair documents.
• Produce inspection schedule and submit to City for approval.
• Prepare field books, photo logs, safety/emergency information and checklists.
• Gather all equipment necessary for the inspection.
• Contact all appropriate agencies prior to inspection (City, Police & Fire Depts., US Coast
Guard, Local Businesses, Etc.)
• Inspect above deck elements (roadway&approaches, sidewalks, parapets, railings,
lighting foundation, approach guardrail, Etc.)
• Inspect superstructure(any part of the structure above the bearings and below the
deck).This includes beams,girders,stringers, underside of deck and diaphragms.
• Inspect substructure which include all the visible portions of the substructure units.
• Prepare applicable IDOT inventory and appraisal forms.
• Take digital inspection photos which include full structure, structural elements, load
posting,vertical clearance signs, Etc.
• Prepare inspection reports.
• Discuss inspection reports with City.
.
. .
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ATTACHMENT B
PROPOSED PROJECT SCHEDULE
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Notice»oProceed - 6/28/2010
Field Verification 6/112010 6/10/2010
Contract Documents 6/11/2010 6/25/2010
City of Elgin Review 8/2812010 7/2/2010
Revisions 7/6/2010 7/9/2010
Final Contract Documents ' 7/12/2010
Bid Documents Preparation 6111/2010 6/15/2010
Advertise Project 7/12/2010 7/28/2010
Contractor Selection ' 7728/2010
City ofElgin Approval 814/2010
8/5/201O
Yrecuuauocdou&Yu��g ' _
Construction Duration 8/16/2010 1015/2010 �
Field Inspection(weather permitting) 10/18/2010 10/29/2018
Inspection Report Preparation 11/1/3010 11/12/2010
City oy Elgin Review 11/15/2010 11/24/2010
Report Revisions 11/29/2010 12/3/2010
� 13/8/2U1U
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2010/2011 Bridge Inspection and Maintenance
-
gaottpigiffeetirojigN�Y 4
Field Inspection(weather permitting) 4/1/2011 4/15/2011
Inspection Report Preparation 4/18/2011 4/29/2011
City of Elgin Review 5/2/2011 5/13/2011
Report Revisions 5/16/2011 5/20/2011
Final Inspection Reports - 5/23/2011
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'y City of Elgin Agenda Item No.
,t‘ 'cO It r„-
r .4A,
May6, 2010
TO: Mayor and Members of the City Council
FROM: Sean R. Stegall, City Manager i6i,ovn It ' / /40_,
Joseph Evers, City Engineer
SUBJECT: Engineering Services Agreement for 2010-2011 Bridge Inspection and
Maintenance Program
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 Collins Engineers Inc. to provide
engineering services associated with the inspection and maintenance work of City bridges.
RECOMMENDATION
It is recommended that the City Council approve the engineering agreement with Collins
Engineers Inc. totaling $92,233.38 and authorize staff to execute the necessary documents.
BACKGROUND
This project provides for one above water inspection for each of 14 bridges over a two year
period and construction management for maintenance work on 13 bridges. The 2010 budget
includes funding for the inspection of seven bridges and construction management for
maintenance of 13 bridges. In the 2011 budget, staff will request funds to inspect the remaining
seven bridges. The seventh bridge has yet to be determined as staff is still researching
jurisdiction issues. The completion of the highway bridge inspection program will maintain the
City's compliance with State of Illinois requirements for bridge inspection and will highlight
required maintenance to avoid premature bridge deterioration.
Eight consulting firms were invited to submit proposals on the bridge inspection and
maintenance program, including T.Y. Lin International Inc., Lonco Inc., Hampton Lenzini and
Renwick Inc., Collins Engineers Inc., H.W. Lochner Inc., CMT-Crawford Murphy & Tilly Inc.,
McDonough Associates Inc., and Terra Engineering Ltd. 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 State inspection requirements. A staff selection committee evaluation of the six
submitted proposals was conducted which resulted in Collins Engineers Inc. being selected as the
top-rated firm.
Engineering Services Agreement for 2010-2011 Bridge Maintenance & Inspection
May 6, 2010
Page 2
Upon selection, Collins Engineers Inc. 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 $92,233.38.
The fee for 2010 is $70,483.58 of which $21,749.80 is for inspection and $48,733.78 is for
preparation of contract documents for the maintenance program. The fee for 2011 is $21,749.80,
all of which is for inspection. The funding for 2011 will be added by amendment as long as
budget is available in 2011. A copy of the proposed engineering services agreement with Collins
Engineers Inc. and a map of bridge locations are attached as Exhibit A.
The schedule for the bridge inspections and maintenance work is as follow:
BRIDGE INSPECTION/ MAINTENANCE SCHEDULE
No. Str.# Street/Crossing Inspection Maintenance
2010 2011 Required
1 016-0222 Villa Street/ Poplar Creek ♦ �l
2 016-2523 Villa Street/Willow Creek ♦
3 016-6940 Bluff City Boulevard/ Poplar Creek ♦ 'I
4 016-6941 Shales Parkway/Poplar Creek ♦ 4
5 045-0058 Chicago Street/ Fox River ♦ �1
6 045-0059 Highland Avenue/Fox River ♦ 'l
7 045-3322 Big Timber Road /Tyler Creek
8 045-3144 Highland Avenue/ Pingree Creek ♦
9 045-6300 N. McLean Boulevard/Tyler Creek ♦ �l
10 045-6301 Kimball Street/ Fox River ♦ 'I
11 045-6304 National Street/Fox River ♦ �l
12 045-6305 Eagle Road/Tyler Creek ♦ �l
13 045-6306 Royal Boulevard /Tyler Creek
14 045-6307 Riverside Drive between Highland and Chicago ♦ �l
15 045-6023 Bowes Creek Boulevard/IL Central RR ♦
16 To be determined ♦
A map showing the bridge locations is attached as Exhibit B.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
Engineering Services Agreement for 2010-2011 Bridge Maintenance & Inspection
May 6, 2010
Page 3
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D
/FINANCIAL IMPACT
f
The final total fee for the two year agreement is $92,233.38 of which $70,483.58 will be
encumbered in 2010 and the remainder, or $21,749.80, will be added by amendment in 2011.
Funding for the inspection portions of the agreement is budgeted ($100,500) and available
($102,600) in General Fund, account number 010-3311-752.30-03, "Architectural and
Engineering Contractual Services". Funding for the bridge maintenance portion of the
agreement is budgeted ($100,000) and available ($100,000) in the Riverboat Fund, account
number 275-0000-791.93-36, project number 339996.
For the 2010 effort, the funding will be completed as follows:
Item Cost Account Number Project Number
Bridge Inspection $21,749.80 010-3311-752.30-03
Bridge Maintenance $48,733.78 275-0000-791.93-36 339996
Total 2010 $70,483.58
The 2011 expenditure of$21,749.80 will be requested as part of the next year's budget.
JLE GAL IMPACT
None.
Will'
ALTERNATIVES
1. The City Council may choose to approve the agreement for contractual services with
Collins Engineers Inc. in the amount of$92,233.38.
2. The City Council may choose not to approve the agreement for contractual services with
Collins Engineers Inc., with possible consequences of State imposed penalties and
unchecked bridge deterioration.
3. The City Council may choose to request negotiation with a different consultant
engineering firm.
Respectfully submitted for Council consideration.
JE: cf
Attachment
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EXHIBIT A
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Engineering Service Agreement
2010/2011 Bridge Inspection and Maintenance
Program
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AGREEMENT
THIS AGREEMENT is made and entered into this day of ,201 ,by and between
the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and
COLLINS ENGINEERS, INC. (hereinafter referred to as"ENGINEER").
WHEREAS,the CITY desires to engage the ENGINEER to furnish certain professional services in
connection with 2010- 2011 BRIDGE INSPECTION AND MAINTENANCE PROGRAM
(hereinafter referred to as the PROJECT); and
WHEREAS,the ENGINEER represents that he is in compliance with Illinois Statutes relating to
professional registration of individuals and has the necessary expertise and experience to furnish
such services upon the terms and conditions set forth herein below.
NOW, THEREFORE, it is hereby agreed by and between the CITY and the ENGINEER that the
CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and
covenants contained herein,the sufficiency of which is hereby acknowledged to act for and represent
it in the engineering matters involved in the PROJECT as described herein,subject to the following
terms and conditions and stipulations,to-wit:
1. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the City Engineer of
the CITY,herein after referred to as the"DIRECTOR".
B. The ENGINEER scope of services are :Inspection of seven(7)bridges in 2010 and
seven (7) in 2011, preparation of contract plans, specification and estimates for
bridge repairs of thirteen (13) structures and providing construction inspection.
C. A detailed Scope of Services is attached hereto as Attachment A.
2. PROGRESS REPORTS
A. An outline project milestone schedule is provided hereinunder.
B. A detailed project schedule for the Project is included as Attachment B, attached
hereto. Progress will be recorded on the project schedule and submitted monthly as a
component of the Status Report described in C below.
C. The ENGINEER will submit to the DIRECTOR monthly a status report keyed to the
project schedule. A brief narrative will be provided identifying progress, findings
and outstanding issues.
3. WORK PRODUCTS
All work products prepared by the ENGINEER pursuant hereto including,but not limited to,
reports, designs, calculations, work drawings, studies, photographs, models and
recommendations shall be the property of the CITY and shall be delivered to the CITY upon
request of the DIRECTOR provided, however, that the ENGINEER may retain copies of
such work products for its records. Such work products are not intended or represented to be
suitable for reuse by the CITY on any extension to the PROJECT or on any other project,
and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the
ENGINEER.
4. PAYMENTS TO THE ENGINEER(Not To Exceed Method)
A. For services provided the ENGINEER shall be paid at the rate of 2.85 times the
direct hourly rate of personnel employed on this PROJECT,with the total fee not to
exceed$92,233.38 regardless of the actual costs incurred by the ENGINEER unless
substantial modifications to the scope of the work are authorized in writing by the
DIRECTOR.
B. For outside services provided by other firms or subconsultants,the CITY shall pay
the ENGINEER the invoiced fee to the ENGINEER,plus 5%.
C. Direct Costs are:Report Production&CD-ROM,Car Rental,Mileage,Shipping and
Expendable supplies (as shown in the Cost Proposal).
D. The CITY shall make periodic payments to the ENGINEER based upon actual
progress within 30 days after receipt and approval of invoice. Said periodic
payments to the ENGINEER shall not exceed the amounts shown in the following
schedule, and full payments for each task shall not be made until the task is
completed and accepted by the DIRECTOR.
E. Once the project commences,the Engineer will submit payments on a monthly basis.
4. PAYMENTS TO THE ENGINEER (Lump Sum Method)
A. The CITY shall reimburse the ENGINEER for services under this Agreement a lump
sum of Dollars, regardless of actual Costs incurred by the
ENGINEER unless substantial modifications to the project are authorized in writing
by the DIRECTOR.
B. The CITY shall make periodic payments to the ENGINEER based upon actual
progress within 30 days after receipt and approval of invoice. Said periodic
payments to the ENGINEER shall not exceed the amounts shown in the following
schedule, and full payments for each task shall not be made until the task is
completed and accepted by the DIRECTOR.
(payment schedule)
5. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress
reports (2C above)will be included with all payment requests.
B. The ENGINEER shall maintain records showing actual time devoted and cost
incurred. The ENGINEER shall permit the authorized representative of the CITY to
inspect and audit all data and records of the ENGINEER for work done under this
Agreement. The ENGINEER shall make these records available at reasonable times
during the Agreement period, and for a year after termination of this Agreement.
- 2 -
6. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any
time upon fifteen (15) days prior written notice to the ENGINEER. In the event that this
Agreement is so terminated,the ENGINEER shall be paid for services actually performed
and reimbursable expenses actually incurred prior to termination,except that reimbursement
shall not exceed the task amounts set forth under Paragraph 4 above.
7. TERM
This Agreement shall become effective as of the date the ENGINEER is given a notice to
proceed and,unless terminated for cause or pursuant to Article 5,shall be deemed concluded
on the date the CITY determines that all of the ENGINEER's work under this Agreement is
completed. A determination of completion shall not constitute a waiver of any rights or
claims which the CITY may have or thereafter acquire with respect to any term or provision
of the Agreement.
8. NOTICE OF CLAIM
If the ENGINEER wishes to make a claim for additional compensation as a result of action
taken by the CITY, the ENGINEER shall give written notice of his claim within 15 days
after occurrence of such action. No claim for additional compensation shall be valid unless
so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such
changes are included in writing signed by the CITY and the ENGINEER. Regardless of the
decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work
required under this Agreement as determined by the DIRECTOR shall proceed without
interruption.
9. BREACH OF CONTRACT
If either party violates or breaches any term of this Agreement,such violation or breach shall
be deemed to constitute a default, and the other party has the right to seek such
administrative,contractual or legal remedies as may be suitable to the violation or breach;
and,in addition, if either party,by reason of any default,fails within fifteen(15)days after
notice thereof by the other party to comply with the conditions of the Agreement,the other
party may terminate this Agreement. Notwithstanding the foregoing or anything else to the
contrary in this agreement,with the sole exception of the monies the CITY has agreed to pay
to the ENGINEER pursuant to Section 4 hereof, no action shall be commenced by the
ENGINEER or any other related entity against the CITY for monetary damages.
10. INDEMNIFICATION
To the fullest extent permitted by law,ENGINEER agrees to and shall indemnify, defend
and hold harmless the CITY, its officers,employees,agents,boards and commissions from
and against any and all claims, suits,judgments, costs, attorneys fees, damages or other
relief, including but not limited to workers compensation claims,in any way resulting from
or arising out of negligent actions or omissions of the ENGINEER in connection herewith,
including negligence or omissions of employees or agents of the ENGINEER arising out of
the performance of this Agreement. In the event of any action against the CITY,its officers,
employees, agents, boards or commissions, covered by the foregoing duty to indemnify,
defend and hold harmless such action shall be defended by legal counsel of the CITY's
choosing. The provisions of this paragraph shall survive any expiration,completion and/or
termination of this Agreement.
- 3 -
11. NO PERSONAL LIABILITY
No official,director,officer,agent or employee of the CITY shall be charged personally or
held contractually liable under any term or provision of this Agreement or because of their
execution, approval or attempted execution of this Agreement.
12. INSURANCE
A. Comprehensive Liability. The ENGINEER shall provide,pay for and maintain in
effect,during the term of this Agreement,a policy of comprehensive general liability
insurance with limits of at least $1,000,000 aggregate for bodily injury and
$1,000,000 aggregate for property damage.
The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming
the CITY as additional insured. The policy shall not be modified or terminated
without thirty(30) days prior written notice to the DIRECTOR.
The Certificate of Insurance which shall include Contractual obligation assumed by
the ENGINEER under Article 10 entitled"Indemnification" shall be provided.
This insurance shall apply as primary insurance with respect to any other insurance
or self-insurance programs afforded to the CITY. There shall be no endorsement or
modification of this insurance to make it excess over other available insurance,
alternatively, if the insurance states that it is excess or prorated,it shall be endorsed
to be primary with respect to the CITY.
B. Comprehensive Automobile Liability. Comprehensive Automobile Liability
Insurance covering all owned,non-owned and hired motor vehicles with limits of not
less than $500,000 per occurrence for damage to property.
C. Combined Single Limit Policy. The requirements for insurance coverage for the
general liability and auto exposures may be met with a combined single limit of
$1,000,000 per occurrence subject to a$1,000,000 aggregate.
D. Professional Liability. The ENGINEER shall carry Engineers Professional
Liability Insurance Covering claims resulting from error,omissions or negligent acts
with a combined single limit of not less than $1,000,000 per occurrence. A
Certificate of Insurance shall be submitted to the DIRECTOR as evidence of
insurance protection. The policy shall not be modified or terminated without thirty
(30) days prior written notice to the DIRECTOR.
13. CONSTRUCTION MEANS,METHODS, TECHNIQUES, SEQUENCES,
PROCEDURES AND SAFETY
The ENGINEER shall not have control over or charge of and shall not be responsible for
construction means,methods,techniques,sequences or procedures,or for safety precautions
and programs in connection with the construction,unless specifically identified in the Scope
of Services.
14. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement,there shall be
no discrimination against any employee or applicant for employment because of sex, age,
race, color, creed, national origin,marital status,of the presence of any sensory, mental or
-4 -
physical handicap, unless based upon a bona fide occupational qualification, and this
requirement shall apply to, but not be limited to, the following: employment advertising,
layoff or termination,rates of pay or other forms of compensation and selection for training,
including apprenticeship.
No person shall be denied or subjected to discrimination in receipt of the benefit of any
services or activities made possible by or resulting from this Agreement on the grounds of
sex,race,color,creed,national origin,age except minimum age and retirement provisions,
marital status or the presence of any sensory,mental or physical handicap. Any violation of
this provision shall be considered a violation of a material provision of this Agreement and
shall be grounds for cancellation, termination or suspension, in whole or in part, of the
Agreement by the CITY.
15. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the successors and
the assigns of the parties hereto; provided, however, that no assignment shall be made
without the prior written consent of the CITY.
16. DELEGATIONS AND SUBCONTRACTORS
Any assignment, delegation or subcontracting shall be subject to all the terms, conditions
and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY
with respect to each and every item,condition and other provision hereof to the same extent
that the ENGINEER would have been obligated if it had done the work itself and no
assignment, delegation or subcontract had been made. Any proposed subcontractor shall
require the CITY's advanced written approval.
17. NO CO-PARTNERSHIP OR AGENCY
This Agreement shall not be construed so as to create a partnership, joint venture,
employment or other agency relationship between the parties hereto.
18. SEVERABILITY
The parties intend and agreed that, if any paragraph,sub-paragraph,phrase,clause or other
provision of this Agreement, or any portion thereof, shall be held to be void or otherwise
unenforceable, all other portions of this Agreement shall remain in full force and effect.
19. HEADINGS
The headings of the several paragraphs of this Agreement are inserted only as a matter of
convenience and for reference and in no way are they intended to define, limit or describe
the scope of intent of any provision of this Agreement,nor shall they be construed to affect
in any manner the terms and provisions hereof or the interpretation or construction thereof.
20. MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes the entire Agreement of the parties on the
subject matter hereof and may not be changed,modified,discharged or extended except by
written amendment duly executed by the parties. Each party agrees that no representations
or warranties shall be binding upon the other party unless expressed in writing herein or in a
duly executed amendment hereof, or change order as herein provided.
- 5 -
21. APPLICABLE LAW
This Agreement shall be deemed to have been made in,and shall be construed in accordance
with the laws of the State of Illinois. Venue for the resolution of any disputes or the
enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane
County,Illinois.
22. NEWS RELEASES
The ENGINEER may not issue any news releases without prior approval from the
DIRECTOR, nor will the ENGINEER make public proposals developed under this
Agreement without prior written approval from the DIRECTOR prior to said documentation
becoming matters of public record.
23. COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants in the CITY's employ or any
work associated with the PROJECT.
24. INTERFERENCE WITH PUBLIC CONTRACTING
The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result
of a violation of 720 ILCS 5/33E et seq.or any similar state or federal statute regarding bid
rigging.
25. SEXUAL HARASSMENT
As a condition of this contract,the ENGINEER shall have written sexual harassment policies
that include, at a minimum,the following information:
A. the illegality of sexual harassment;
B. the definition of sexual harassment under state law;
C. a description of sexual harassment, utilizing examples;
D. the vendor's internal complaint process including penalties;
E. the legal recourse,investigative and complaint process available through the Illinois
Department of Human Rights, and the Illinois Human Rights Commission;
F. directions on how to contact the department and commission;
G. protection against retaliation as provided by Section 6-101 of the Human Rights Act.
A copy of the policies shall be provided by ENGINEER to the Department of Human Rights
upon request 775 ILCS 5/2-105.
26. WRITTEN COMMUNICATIONS
All recommendations and other communications by the ENGINEER to the DIRECTOR and
to other participants which may affect cost or time of completion shall be made or confirmed
in writing. The DIRECTOR may also require other recommendations and communications
by the ENGINEER be made or confirmed in writing.
- 6 -
•
27. NOTICES
All notices, reports and documents required under this Agreement shall be in writing and
shall be mailed by First Class Mail,postage prepaid,addressed as follows:
A. As to CITY:
JOSEPH EVERS,P.E.
City Engineer
City of Elgin
150 Dexter Court
Elgin,Illinois 60120-5555
B. As to ENGINEER:
James Hamelka
Project Manager
Collins Engineers, Inc.
123 North Wacker Dr Suite 300
Chicago, IL 60606
28. COMPLIANCE WITH LAWS
Notwithstanding any other provision of this AGREEMENT it is expressly agreed and
understood that in connection with the performance of this AGREEMENT that the
ENGINEER shall comply with all applicable Federal,State,City and other requirements of
law,including,but not limited to, any applicable requirements regarding prevailing wages,
minimum wage, workplace safety and legal status of employees. Without limiting the
foregoing, ENGINEER hereby certifies, represents and warrants to the CITY that all
ENGINEER'S employees and/or agents who will be providing products and/or services with
respect to this AGREEMENT shall be legal residents of the United States. ENGINEER shall
also at its expense secure all permits and licenses, pay all charges and fees and give all
notices necessary and incident to the due and lawful prosecution of the work, and/or the
products and/or services to be provided for in this AGREEMENT. The CITY shall have the
right to audit any records in the possession or control of the ENGINEER to determine
ENGINEER'S compliance with the provisions of this section. In the event the CITY
proceeds with such an audit the ENGINEER shall make available to the CITY the
ENGINEER'S relevant records at no cost to the CITY.
IN WITNESS WHEREOF,the parties hereto have entered into and executed this agreement
effective as of the date and year first written above.
FOR THE CITY: FOR THE ENGINEER:
By By
City Manager Senior Vice President
Attest:
City Clerk
F:\Legal Dept\Agreement\ENGINEERING AGREEMENT-FORM-04-17-08.doc
- 7 -
ATTACHMENT A
Detailed Scope of Services
Maintenance Program
• Review all available project data.
• Review the 2008/2009 Routine Inspection and Underwater Inspection Reports.
• Obtain plans, as required,for any structures noted as having significant defects.
• Conduct site visits at all structures that have recommended repairs.
• Prepare contract documents for bidding purposes(Plans, Specifications, estimates, Etc.).
• Receive approval from City staff of bid documents.
• Advertise project in IDOT Local Roads Bulletin or newspaper.
• Review bids and recommend award to lowest responsible bidder.
• Receive City Council concurrence to award to lowest responsible bidder.
• Prepare contract documents for execution by City and Contractor
• Assist the City in the tabulation and interpretation of the contractor's proposals.
• Attend a preconstruction conference and prepare minutes.
• Provide construction guidance during construction:
1. Attend conferences at any reasonable time when requested by the
City.
2. Consultation on interpretation of plans and specifications and changed
during construction.
3. Checking shop drawing and working drawings.
4. Periodical job-site observation as construction progresses.
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•
5. Reviewing and checking reports by testing laboratories on equipment
and material tested.
6. Reviewing and checking payment estimates, change orders, records
and reports required by the City.
7. Conduct final observation of construction and preparation of final
papers and reports.
Bridge Inspection and Reporting
• Review previous inspection reports and repair documents.
• Produce inspection schedule and submit to City for approval.
• Prepare field books, photo logs, safety/emergency information and checklists.
• Gather all equipment necessary for the inspection.
• Contact all appropriate agencies prior to inspection (City, Police & Fire Depts., US Coast
Guard, Local Businesses, Etc.)
• Inspect above deck elements (roadway&approaches, sidewalks, parapets, railings,
lighting foundation, approach guardrail, Etc.)
• Inspect superstructure (any part of the structure above the bearings and below the
deck).This includes beams, girders,stringers, underside of deck and diaphragms.
• Inspect substructure which include all the visible portions of the substructure units.
• Prepare applicable IDOT inventory and appraisal forms.
• Take digital inspection photos which include full structure, structural elements, load
posting, vertical clearance signs, Etc.
• Prepare inspection reports.
• Discuss inspection reports with City.
2O1O/2011 Bridge Inspection and Maintenance u �:
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ATTACHMENT B
PROPOSED PROJECT SCHEDULE
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Notice to Proceed - 5/28/2010
Field Verification 6/1/2010 6/10/2010
Contract Documents 6/11/2010 6/25/2010
City of Elgin Review 6/28/2010 7/2/2010
Revisions 7/6/2010 7/9/2010
Final Contract Documents - 7/12/2010
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Bid Documents Preparation 6/11/2010 6/15/2010
Advertise Project 7/12/2010 7/26/2010
Contractor Selection - 7/28/2010
City of Elgin Approval - 8/4/2010
Preconstruction Meeting - 8/5/2010
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Construction Duration 8/16/2010 10/15/2010
;2 1) Inspect :. Sta isl ...
Field Inspection(weather permitting) 10/18/2010 10/29/2010
Inspection Report Preparation 11/1/2010 11/12/2010
City of Elgin Review 11/15/2010 11/24/2010
Report Revisions 11/29/2010 12/3/2010
Final Inspection Reports - 12/6/2010
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• • _ 2010/'2011 Bridge Inspection and Maintenance r =r
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Field Inspection(weather permitting) 4/1/2011 4/15/2011
Inspection Report Preparation 4/18/2011 4/29/2011
City of Elgin Review 5/2/2011 5/13/2011
Report Revisions 5/16/2011 5/20/2011
Final Inspection Reports - 5/23/2011
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Program
Bridge Location Maps
•
BRIDGE INDEX
No. Str. # Street/Crossing
•
1 016-0222 Villa Street/ Poplar Creek
2 016-2523 Villa Street/Willow Creek
3 016-6940 Bluff City Boulevard /Poplar Creek
4 016-6941 Shales Parkway/Poplar Creek
5 045-0058 Chicago Street I Fox River
6 045-0059 Highland Avenue/ Fox River
•
7 045-3322 Big Timber Road I Tyler Creek
8 045-3144 Highland Avenue/Pingree Creek •
9 045-6300 N. McLean Boulevard /Tyler Creek
•
10 045-6301 Kimball Street/ Fox River
11 045-6304 National Street/ Fox River
12 045-6305 Eagle Road/Tyler Creek
13 045-6306 Royal Boulevard /Tyler Creek
14 045-6307 Riverside Drive between Highland and Chicago
15 045-6023 Bowes Creek Boulevard / IL Central RR •
16 To be determined •
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