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HomeMy WebLinkAbout95-72 Resolution No. 95-72 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH COLLINS ENGINEERS, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, 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 Collins Engineers, Inc. for professional services in connection with the preparation of bridge condition surveys and development of a record keeping system for city bridges, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: March 22, 1995 Adopted: March 22, 1995 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT, is made and entered into this02.3 day of y1� CtA � � , 1995, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY" ) and Collins Engineers, Inc. (hereinafter referred to as a "ENGINEER" ) . WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the preparation of bridge condition surveys and the development of a record keeping system for the City bridges (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, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER to act for and represent it in all engineering matters involved in the PROJECT, subject to the following terms and conditions and stipulations, to-wit: I . SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Public Works of the CITY, herein after referred to as the "DIRECTOR" . B. The work under this project includes a routine field inspection, evaluation, recommendation and preparation of bridge records for the following structures : 1 . Tyler Creek at Fletcher Drive 2 . Tyler Creek at Eagle Road Y 9 3 . Tyler Creek at Royal Blvd. 4 . Tyler Creek at McLean Blvd. 5 . Riverside Drive between Highland and Chicago 6 . National Street over Fox River and performing all necessary work to enter Eagle Road, Royal Boulevard and Riverside Drive bridges into the State Inventory system. -2- C. A more detailed Scope of Services is attached hereto as Attachment A. II. PROGRESS REPORTS A. An outline project milestone schedule is provided herein under: Notice to Proceed April 3, 1994 Submit All Documents June 26 , 1994 B. A detailed project schedule for the Project is included as Attachment B, attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C. below. C. The Engineer will submit to the Director monthly a Status Report keyed to the Project Schedule. A brief narrative will be provided identifying progress, findings and outstanding issues . III. WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including, but not limited 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. IV. PAYMENTS TO THE ENGINEER 2P14 A. For services provided) the ENGINEER shall be reimbursedIt, at the rate of - times the direct hourly rate of personnel employed on this PROJECT, with the total fee not to exceed Fifteen Thousand Eight Hundred Seventy- Five ( $15, 875) dollars regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized by CITY through a change order or amendment. B. A summary of the fee calculations is attached hereto as Attachments C, D, E and F. C. The CITY shall make periodic payments to the ENGINEER -a- 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 G, 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 ( IIC above) will be included with all payment requests . B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the authorized representative of the CITY to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. VI . TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen ( 15) days prior written notice to the ENGINEER. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Paragraph IV above. VII . TERM This Agreement shall become effective as of the date the ENGINEER is given a written Notice to Proceed following approval of CITY' S corporate authorities and, unless terminated for cause or pursuant to Article VI foregoing, shall expire on the date the DIRECTOR 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 breach hereof by the ENGINEER. VIII . NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY, the ENGINEER shall give written notice of his claim within 15 days after occurrence of such action. No -4- 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. 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 The ENGINEER shall indemnify and save harmless the CITY, its officers and employees from and against any and all loss, liability and damages of whatever nature, including but not limited to Workmen' s Compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including but not limited to negligent actions or omissions of employees or agents of the ENGINEER arising out of the performance of professional services . 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 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 • -5- Certificate 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 IX entitled "Indemnification" shall be provided. B. Comprehensive Automobile Liability. The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of 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 Engineer' s 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. 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 -6- fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. XV. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. XVI. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with respect to each and every item condition and other provision hereof to the same extent that the ENGINEER would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. XVII. NO CO-PARTNERSHIP OR AGENCY It is understood and agreed that nothing herein contained is intended or shall be construed to, in any respect, create or establish the relationship of co- partners between the CITY and the ENGINEER, or as constituting the ENGINEER as the general representative or general agent of the CITY for any purpose whatsoever or to constitute an employment relationship between the parties hereto. . XVIII . SEVERABILITY The parties intend and agreed that, if any paragraph, -7- sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. XIX. HEADINGS The headings of 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 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 . XXII. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. XXIII . COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY' s employ or any work associated with the PROJECT. XXIV. INTERFERENCE WITH PUBLIC CONTRACTING: P.A. 85-1295 The ENGINEER certifies hereby that it is not barred -8- from bidding on this contract as a result of violations of either Section 33E-3 or Section 33E-4 of the Illinois Criminal Code. XXV. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor' s internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act (copy attached) . A copy of the policies must be provided to the Department of Human Rights upon request. P.A. 87-1257 . 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. -9- 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: JAMES L. KRISTIANSEN Director of Public Works City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: Collins Engineers, Inc. 165 North Canal Street Suite 975 Chicago, IL 60606 -10- • 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 ` 7u c ti, By GaC City Clerk City Manager (SEAL) For the ENGINEER: f� Dated this i/ day of //14� 1995 . ATTEST: By gp.etary PRES NT COLLINS ENGINEERS, INC. .,� 4�4tpp�lni/ftpp/p,�� a taw Attachment A Scope of Services 60( Our services will include a review and evaluation of the ,fide bridge files, inspection and data gathering for the fi�'�e ridges,preparation of inspection forms and records in accordance with current Illinois Department of Transportation policies; and recommendations for future actions by the City to best utilize their bridge inspection resources. The following sections describe our proposed plan of action in greater detail. Review and Evaluation of City Bridge Files Collins Engineers will review the City's files to determine their compliance with Federal Highway Administration (FHWA) and Illinois Department of Transportation requirements. Ti} e record keeping requirements are summarized below. It is anticipated that the records for they bridges will require updating, and while all of the steps described below may not be required, they are described to present an overview of the entire system. IDOT's computer printouts of the Structure Inventory and Appraisal form will be reviewed for each bridge. If the bridge is not in the system, we will complete the Inventory/Status Initial Report(Form R105-I)and the Key Route/Construction Initial Report (Form R111-I). If the bridge is currently in the system, all appropriate changes will be marked on Form 104 for submission to IDOT. A file will be established for each structure that does not currently have one. The file will contain copies of available drawings for the bridge, or annotations as to the location of the drawings; photographs of the bridge;copies of current ISIS forms;recent Bridge Inspection Report forms(BM- BIR);the Bridge Record Card (BLR 5903), an abbreviated inventory and record of past work on the structure;and structural rating and scour calculations. The file will also be annotated to indicate any special inspection requirements includin g fracture critical inspections and underwater inspections. In accordance with FHWA guidelines,master lists will be prepared indicating bridges which require specialized inspections so that the management of those inspections can be monitored. Bridge Inspection The following frde bridges are scheduled for routine biennial inspection in 1995: Tyler Creek at Fletcher Drive Single span, concrete beam and slab bridge. A wading inspection will be necessary. Tyler Creek at Eagle Road Single span, concrete slab bridge. A wading inspection will be necessary. EVERS.LTR • Attachment A Page 2 • Tyler Creek at North McLean Blvd. Single span corrugated plate arch with concrete "T" beam sidewalks. A wading inspection will be necessary. Tyler Creek at Royal Blvd. Single span concrete slab. A wading inspection will be necessary. Riverside Drive between Highland Avenue and Chicago Street Multiple span steel beam and concrete slab with concrete piers. National Street over the Fox River Multiple span concrte arch . A diving inspection will be necessary. A complete "arms length" inspection will be made of all bridges by an NBIS Bridge Inspection Team Leader in accordance with IDOT and FHWA guidelines. The bridges will be visually inspected and areas of apparent deterioration or damage will be inspected in detail using probing and sounding techniques. The underside of the bridges over creeks will be inspected using waders and ladders for access. Soundings will be made along the upstream and downstream faces of each bridge and around each substructure unit located in water. The underside of the Riverside Drive bridge will be inspected using ladders. An underwater inspection will also be performed on the National Street Bridge. The inspection will include all submerged substructure elements from the waterline to the mudline. Evaluation and Report Collins Engineers will evaluate the condition and review the present ratings for each bridge. If the bridges have not been rated or if the present ratings should be revised, available data will be gathered to submit to IDOT for their rating. It is our understanding that there are no design drawings available for the Fletcher Drive bridge over Tyler Creek. CEI will obtain all field measurements that are necessary to complete the IDOT coding forms. Collins Engineers will provide a short narrative report for each bridge (including documentary photographs and results of any appropriate steel thickness measurements and concrete sounding measurements) evaluating existing conditions, and providing recommendations for repair and maintenance activities for both the short term and the longer term. EVERS.LTR Attachment B Project Schedule Start Finish Contract Signed Notice To Proceed April 3, 1995 Field Inspection April 10, 1995 April 14, 1995 Evaluation, Recommendations, Cost April 17, 1995 May 12, 1995 Estimates Complete Bridge Records May 15, 1995 May 26, 1995 City Review of Records May 29, 1995 June 9, 1995 Revise Records June 12, 1995 June 23, 1995 Submit Final Documents June 26, 1995 EVERS.LTR Attachment C Summary of Staff Hours and Estimate of Cost TASK Project Field Evaluation & Total CLASSIFICATION .Management' Inspection Recommendation Reports Hours Rate Extension Sr. Engineer(E5) 16 16 $32.31 $517 •Engineer(E3) 48 12 10 70 $20.19 $1,413 Engineer E2 9 (. _) 56 72 40 168 $16.59 $2,787 ,Technician (T2) 12. 12 $18.75, $225 Total Hours 266 Total Direct Labor $4,942 Overhead & Burden 166.80% $8,244 Fixed Fee 10.00% $1,319 Direct Expenses $1,370 TOTAL ESTIMATED COST $15,875 Direct Expenses; Traffic Control $500 Inspection Equipment $500 Full Size Van $120 Expendable Field Supplies $50 Reproduction $200 $1,370 Note: This estimate is for the inspection of the bridges included in the scope of work and the type of inspection as described in the section for inspection procedures. In-depth field inspections, such as crack testing, fracture critical member inspections, and underwater investigation, are not included in the estimate of costs above. Attachment D Collins Engineers, Inc. Hourly Rate Range - Consultant's Regular Staff CLASSIFICATION FROM To Principal Engineer (E8) $42.00 $46.00 Principal Engineer (E7) $39.00 $42.00 Senior Engineer (E6) $32.00 $38.50 Senior Engineer (E5) $29.00 $32.50 Engineer (E4) $24.00 $29.00 Engineer (E3) $18.00 $23.50 Engineer (E2) $13.00 $19.50 Technician-Draft. (T2) $18.00 $21.00 Technician-Draft. (T1) $11.00 $15.00 Clerical $9.00 $14.00 Attachment E OVERHEAD AND INDIRECT COSTS As of December 31, 1993 % OF DIRECT PRODUCTIVE PAYROLL Taxes except Federal Income 6.6% Business Insurance, except Key-Man insurance, insurance including accident, liability and valuable papers 7_4% Depreciation and amortization 5.8% Administrative, unassignable staff time, recruiting, training and education, severance, negotiating new business, and office accounting, clerical, and secretarial wages and salaries 64.4% Reproductive and printing costs 1.3% Office Supplies 6.0% Computer costs 1 1% Professional services, including specialists, legal, auditing, etc. 0.1% Employees travel expenses not assigned to clients and excluding costs outside Illinois other accts Telephone, Telegraph and Postage 3.5% Recruiting and Relocating expense 0.9% Training and educational non-salary expenses 3.0% Fees, licenses, dues, publications (technical and professional) 2.4% Business space rent 13.4% Automobile expenses 2.6% Repairs and Maintenance 1.3% Rental of equipment other accts Miscellaneous expense 6.3% TOTAL OVERHEAD & INDIRECT COSTS 126.1% i A hm n ttac e� F PAYROLL BURDEN & FRINGE COSTS As of December 31, 1993 % OF DIRECT PRODUCTIVE PAYROLL Federal Insurance Contributions Act 12.5% State Unemployment Compensation 0.5% Federal Unemployment Compensation 0.3% Workmen's Compensation Insurance 2.3% Paid Holidays, Vacation, Sick Leave 10.0% Bonus 9.1% Pension 0.0% Group Insurance 6.1% TOTAL PAYROLL BURDEN & FRINGE COSTS 40.7% Attachment G Payment Schedule PERCENT DATE TASK PROGRESS April 15, 1995 Filed Inspection 40 May 15, 1995 Evaluation& Recommendations 70 May 30, 1995 Complete Bridge Records 90 June 30, 1995 Submit Final Reports 100 EVERS.LTR t R 1n °F<< Agenda Item No . tli; z. � Zvi February 28, 1995 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Engineering Service Agreement with Collins Engineers for Engineering Services for the 1995 SIA Bridge Inspections PURPOSE This memorandum will provide the Mayor and members of the City Council with information to consider entering into an agreement with Collins Engineers , Inc . of Chicago, IL to provide Engineering Services associated with the inspection of six City bridges . A copy of the agreement is attached for your consideration. BACKGROUND In accordance with State requirements , this project will provide required inspections of six City of Elgin bridges . In the 1995 budget, the City Council approved funds to inspect the six bridges including Fletcher Drive, Royal Boulevard, Eagle Road and North McLean Boulevard over Tyler Creek, Riverside Drive between Highland Avenue and Chicago Street and National Street over the Fox River. The completion of these bridge inspections will bring the City up to date in that all City highway bridges will have been inspected as required by the State of Illinois within the past two years . All bridges are required to be inspected on a biannual basis . The inspections completed in 1994 indicate that the eight bridges inspected are in generally fair to good condition. No serious deficiencies were identified. Recommended repairs to the Kimball Street bridge will be accomplished in 1996 as a component of the improvements to the Route 31 at Kimball Street intersection programmed for 1996 . Repairs to the remaining seven bridges are estimated at $135 , 000 . Engineering Service Agreement/Collins Engineers February 28, 1995 Page 2 Competitive proposals were received from three engineering firms in May of 1994 . Two firms, Alfred Benesch and Company and Collins Engineers, Inc. essentially tied as the highest rated firm. As the bridge inspection program would be on a biannual basis, we decided at that time to award an inspection contract with Alfred Benesch and Company in 1994 and to utilize Collins Engineers, Inc. in 1995 . New proposals will be taken in 1996 for the next biannual inspection sequence. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT The costs of the Engineering Services per this agreement will be a not-to-exceed cost of $15, 875 . 00 . Within the General Engineering Division of Public Works, in Operating Account No. 010-3311-752 . 30-03, $35,000 has been budgeted for architectural and engineering services including bridge inspection services . Moneys for repair of the deficiencies identified in the 1994 inspections in the amount of $135,000 will be requested for consideration in the 1996 capital improvement budget. LEGAL IMPACT None. RECOMMENDATION It is recommended that the City Council approve the Engineering Agreement with Collins Engineers, Inc . and direct staff to execute the necessary documents . Respectfully/su itted, names L. Kristiansen Public Works Director — l Richard B. Helwig City Manager JE/do