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HomeMy WebLinkAbout26-51 Resolution No. 26-51 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH RJN GROUP, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE RIVERSIDE WATER TREATMENT PLANT LIME SLUDGE MAIN CONDITION ASSESSMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with RJN Group, Inc.,for professional services in connection with the Riverside Water Treatment Plant lime sludge main condition assessment, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: March 25, 2026 Adopted: March 25, 2026 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 25th day of March , 2026,by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY")and RJN Group, 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 the Riverside WTP Lime Sludge Main Condition Assessment (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, it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to act for and represent it in the engineering matters involved in the PROJECT as described herein, subject to the following terms and conditions and stipulations,to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Water Director of the CITY,herein alter referred to as the"DIRECTOR." B. The scope of services is for an internal inspection of the 14-inch,24,535 linear feet long lime sludge line that starts at the Riverside Water Treatment Plant and discharges at a lagoon south of the Highlands of Elgin Golf Course. C. A detailed Scope of Services for the PROJECT is attached hereto as Attachment A, and incorporated into this Agreement by this reference. 2. PROGRESS REPORTS A. A detailed project schedule for the PROJECT is included as Attachment B,attached hereto and incorporated into this Agreement by this reference. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in subparagraph 2.B below. B. 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 PRODUCT All work product prepared by the ENGINEER pursuant hereto including, but not limited to, reports, plans, designs, calculations, work drawings, studies, photographs, models and - 1 - recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR; provided, however, that the ENGINEER may retain copies of such work product for its records. ENGINEER'S execution of this Agreement shall constitute ENGINEER'S conveyance and assignment of all right,title and interest, including but not limited to any copyright interest, by the ENGINEER to the CITY of all such work product prepared by the ENGINEER pursuant to this Agreement. The CITY shall have the right either on its own or through such other engineers as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. 4. PAYMENTS TO THE ENGINEER(Lump Sum Method) A. The CITY shall reimburse the ENGINEER for services under this Agreement a lump sum of Ninety-Eight Thousand Two Hundred Dollars ($98,200), regardless of the actual costs incurred by the ENGINEER unless substantial modifications to • the project are authorized in writing by the DIRECTOR, and approved by way of written amendment to this Agreement executed by the parties. B. The CITY shall make periodic payments to the ENGINEER based upon actual progress within thirty(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. Task Fee Preparatory Work, Data Review,&Planning $10,600 Field Reconnaissance Visit& Equipment Preparation $24,500 Structure Inspections $1,900 Internal Inspections $35,200 Data Evaluation and Technical Memorandum $20,900 Project Management& Meetings $5,100 TOTAL $98,200 5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports(2.B above)will be included with all payment requests. -2 - 13. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the authorized representative of the CITY to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any time upon fifteen (15)days prior written notice to the ENGINEER. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under paragraph 4 above. 7. TERM This Agreement shall become effective as of the date the ENGINEER is given a notice to proceed and,unless terminated for cause or pursuant to paragraph 6,shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. 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 fifteen (15)days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party,by reason of any default,fails within fifteen(15)days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. Notwithstanding the foregoing, or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the ENGINEER pursuant to section 4 hereof, no action shall be commenced by the ENGINEER against the CITY for monetary damages. ENGINEER hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all -3 - such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to,the Local Government Prompt Payment Act(50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act(815 ILCS 205/1,et seq.),as amended. The parties hereto further agree that any action by the ENGINEER arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this section shall survive any expiration,completion and/or termination of this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law,ENGINEER agrees to and shall indemnify,defend and hold harmless the CITY, its officers,employees,agents,boards and commissions from and against any and all claims, suits,judgments, costs, 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 section shall survive any expiration 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 The ENGINEER shall provide, maintain and pay for during the term of this Agreement the following types and amounts of insurance: A. Comprehensive Liability. 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, -4- 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/AFFIRMATIVE ACTION The ENGINEER will not discriminate against any employer or applicant for employment because of race,color,religion,sex,national origin,age,ancestry,order of protection status,familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. ENGINEER shall take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the CITY a written commitment to comply with those provisions. ENGINEER shall distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. ENGINEER agrees that the provisions of Section 5.02.040 of the Elgin Municipal Code, as amended, is hereby incorporated by reference, as if set out verbatim. 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 race, color, religion,sex,national origin,age,ancestry,order of protection status,familial status,marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service. - 5 - Any violation of this paragraph 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 section, sub-section,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 sections 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. -6- 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). -7- 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, ENGINEER shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the DIRECTOR prior to the entry into and execution of this agreement. 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. 28. NOTICES All notices,reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail,postage prepaid,addressed as follows: A. As to CITY: B. As to ENGINEER: Nora Bertram Michael N. Young, P.E. Water Director Senior Vice President City of Elgin RJN Group, Inc. 150 Dexter Court 2655 Warrenville Rd., Ste. 225 Elgin, Illinois 60120-5555 Downers Grove, IL 60515 29. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the ENGINEER shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing,ENGINEER hereby certifies,represents and warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legally authorized to work in 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. ENGINEER shall pay any and all costs associated with any such audit. -8 - 30. COUNTERPARTS AND EXECUTION This Agreement may be executed in counterparts, each of which shall he an original and all of which shall constitute one and the same agreement. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine or email shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine or email shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. 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: ` 7„e,e1,..e.g/622 City Manager Name/Pant: Michael N. Young Title: Senior Vice President At ' ClyCler L.cgal bept1AgreemenPRJN Group Agr-L,me Sludge Inspections-clean-3-17-26 doc‘ -9- ATTACHMENT A SCOPE OF SERVICES rjn EXHIBIT A SCOPE OF SERVICES RJN is proposing the following scope of services for the lime sludge transmission main condition assessment: 1. Preparatory Work & Data Review a. Conduct a kickoff meeting with the City to discuss the project. b. Discuss lift station history, operation, and maintenance. c. Gather and review all available data from the City regarding the lime sludge main, including GIS maps and databases, design and/or record drawings, maintenance, modification/rehabilitation, and repair records, past inspection data, lift station operational data, and any other related data. i. Dye Test Travel Time Calculations ii. Finalize Launch and Retrieval Locations d. Share follow-up questions with the City for discussion during the site visit. e. Prepare for a field planning visit. f. INGU Data Preparation i. Kickoff Meeting — RJN and INGU ii. INGU Deliverables 1. KMZ File of Force Main Paths a. Mapping grade locates 2. Excel Elevation Profile(s) 3. Questionnaire(s) 2. Field Planning Visit a. Meet with City staff on-site for site visit inspections. During visit, discuss any questions that arose during the data review process. b. Launch and retrieval location assessment: i. Perform general lift station assessment (launch location) including verifying data from data review and accessing sludge main access for internal inspections. ii. Observe pump operations to estimate travel time. iii. Discuss and confirm the need for supplemental water to support continuous lift station pumping during testing. If required, identify potential sources—such as nearby fire hydrants or bodies of water—and coordinate with the City for approval iv. Inspect sludge main outlet (retrieval location). Determine methodology for catching Pipers. c. Provide access to collected data on Clarity®, RJN's online data management hub. d. Discuss results of preliminary assessment with the City. Confirm that internal inspection of the sludge main is feasible. rip Lime Sludge Main Condition Assessment, City of Elgin I Page 4 3. Internal Inspection a. Contract with INGU on the rental of Pipers multi-sensors. b. Provide equipment and personnel as necessary to perform internal inspection of the sludge main and retrieval of the inspection tools. Customize catching devices as necessary for sludge main discharge point. c. Work with the City to assist in the launching, the operation of the lift station and the retrieval at the lagoons. i. Perform two Piper deployments for the force main. 4. Data Evaluation and Technical Memorandum (TM) a. Review and analyze inspection results and recommendations. i. Pipers'technology includes the following results: 1. Acoustic leak detection 2. Air and gas pocket detection 3. High resolution pressure sensing 4. Deposit, debris, and blockage locating b. Include a summary of the work completed and results of the internal screening. c. Prepare a GIS map of the sludge main system, including findings from the site inspections, document review, and internal screening. d. Provide recommendations for further inspections, rehabilitation/repair, and/or maintenance of the sludge main. e. Provide high-level budgetary estimates and recommended implementation timeline based on urgency. f. Technical Memorandum (TM) Submittal: i. Provide a digital draft of TM, ii. Revise draft based on City comments and submit a digital and two hard copies (if desired) of final TM. iii. Provide digital copies of all data, results, and photographs from inspections. iv. Upload final report to Clarity and submit a digital and two hard copies (if desired). 5. Project Management a. Provide project management services including invoicing, scope, schedule, and fee tracking, and closeout services. b. Provide updates as needed to City staff through the duration of the project. c. Meet with City staff as necessary to discuss progress of the project. Items Requested from the City 1. Updated GIS geodatabases and/or shape files for the water transmission main system including all information related to ARVs, known bends, and other significant structures located along the sludge line: 2. Lift station assessment data will be provided by City staff. ■■ Lime Sludge Main Condition Assessment, City of Elgin I Page 5 3. Inspection records for ARVs, blowoff valves and other significant structures located along the sludge line. 4. Copies of available plan sets, specifications, record/as-built drawings, hydraulic profiles, pump records, or other documents related to the lift stations and force mains. 5. Access to any structures for inspection. Assistance locating and opening seized/buried manholes and valve vaults/boxes as required. 6. If necessary, vacuum out structures that are inundated with infiltration. 7. We request the City operate lift station and valves during Pipers launch and assist by opening launch locations and inserting Pipers. 8. Provide supplemental water for continuous pumping of the lift station during the tests, if necessary. 9. Assistance with traffic control in high traffic areas, as necessary. Lime Sludge Main Condition Assessment, City of Elgin I Page 6 ATTACHMENT B PROJECT SCHEDULE rj EXHIBIT C PROPOSED SCHEDULE RJN is prepared to start work immediately upon an Agreement. Will be completed following the kickoff meetings with Field Reconnaissance Visit the City and INGU. To be completed within 2 months of NTP. Internal Inspections To be completed within one month of a successful field reconnaissance visit. Technical Memorandum To be completed within 3 months of successful Internal Inspections. �■ Lime Sludge Main Condition Assessment, City of Elgin I Page 8