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01-273 Resolution No. 01-273 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH COLLINS ENGINEERS, INC. FOR KIMBALL STREET DAM INSPECTION SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, 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 Kimball Street dam inspection services for the period 2001 through 2006, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: October 10, 2001 Adopted: October 10, 2001 Vote: Yeas : 7 Nays: 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk Agenda Item No. C i tY of Elgin ar��tF E 11 October 5, 2001 �7 : 4 N TO: Mayor and Members of the City Council RIVER AS A RESOURCE FROM: Joyce A. Parker, City Manager SUBJECT: Engineering Services Agreement 2001-2006 Kimball Street Dam Inspections PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into an engineering services agreement with Collins Engineers, Inc . to complete the required yearly inspections on the Kimball Street Dam. BACKGROUND As part of the requirement to obtain a permit from the Illinois Department of Natural Resources (IDNR) to complete repairs on the Kimball Street Dam, the City developed an operation and maintenance plan for the dam. One of the requirements of this plan is that the dam be inspected on a yearly basis . This engineering services agreement will provide for the completion of the required inspections over a six-year period. The annual inspections consist of a "minor" and "major" inspection of the dam performed in a three-year cycle . Two "minor" inspections will be performed followed by one "major" inspection. The "minor" inspection consists of an annual survey of previously established control points installed on the dam and adjacent to the dam to monitor horizontal and vertical movement . The dam will also be visually inspected for any concrete cracking or deterioration, any erosion that may be occurring around the dam and any visible seepage or leakage. The "major" inspection will include all of the items previously discussed as well as a tactile inspection of the dam. This will include an underwater inspection and/or soundings of the dam to determine if any erosion or sedimentation is occurring at the foundation of the dam. The engineer will also be required to complete and file all inspection forms with the IDNR. - . elok Kimball Street Dam Inspections October 5, 2001 Page 2 Request for proposals were sent to four firms, with proposals being received on August 17, 2001 from three firms : * Collins Engineers * MWH * Teng & Associates A staff selection committee of the three proposals was conducted, which resulted in Collins Engineers being the top-rated firm. A copy of the results of the selection process is attached as Exhibit A. Upon selection, Collins Engineers met with staff to finalize the project scope and negotiate their fee. The final negotiated total fee for the six-year duration of the agreement is $35, 890 . The fee per year is as follows : YEAR INSPECTION FEE 2001 Minor $ 4 , 171 2002 Minor $ 4 , 380 2003 Major $ 8, 084 2004 Minor $ 4, 828 2005 Minor $ 5, 070 2006 Major $ 9, 358 A copy of the proposed agreement is attached as Exhibit B. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . ,Ok._— FINANCIAL IMPACT The agreement with Collins Engineers will total $35, 890 . Funds for each year' s inspection will be budgeted for that year in account number 010-3311-752 . 30-03 , project number 339504 , Architectural and Engineering Fees . The 2001 fee, $4 , 171 was already budgeted in the �/ ' 2001 account . 4 eft. Kimball Street Dam Inspections October 5, 2001 Page 3 LEGAL IMPACT None. ALTERNATIVES None. RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute an agreement with Collins Engineers for the required annual inspections of the Kimball Street Dam. Re .ectfully submitted, J oce ' . Parker few City Manager SP:do Attachment rft • AGREEMENT THIS AGREEMENT, made and entered into this Twenty-fourth day of September, 2001, 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 the Kimball Street Dam Inspection Services (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 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 to be performed under this AGREEMENT includes providing field inspection, surveying, report preparation and submittal, and engineering services to perform the 2001 through 2006 major and minor• inspections of the Kimball Street Dam. C. A detailed Scope of Services is attached hereto as Attachment A. II. PROGRESS REPORTS Progress reports will not be required for this project. 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 A. For services provided the ENGINEER shall be reimbursed at the rate of 2.90 times the direct hourly rate of personnel employed on this PROJECT,with the total fee not to exceed $35,890 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 0 . C. Reimbursable expenses of the ENGINEER shall be reimbursed in accordance with the schedule in Attachment B. 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 ENGINEER'S actual costs including overhead, profit and cost of subconsultants and allowable reimbursable expenses, incurred during the payment period. Final payments shall not be made until the work is completed and accepted by the DIRECTOR. A cost estimate of services for this project is enclosed as Attachment C. V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. 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 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 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 To the fullest extent permitted by law, 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 Workmen's Compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including 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 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. 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 $2,000,000 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 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. VIII. SEVERABILITY The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. XIX. HEADINGS The headings of 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. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. XXII. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. XXIII. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. XXIV. INTERFERENCE WITH PUBLIC CONTRACTING: P.A. 85-1295 The ENGINEER certifies hereby that it is not barred 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. XXVII. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to CITY: JOHN LOETE, P.E. Public Works Director City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: Daniel G. Cecchi, P.E. Collins Engineers, Inc. 300 West Washington, Suite 600 Chicago, Illinois 60606 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 %1% IL By - ity -r ity Manager (SEAL) For the ENGINEER: Dated this 24th day of September , A.D., 2001. ATTEST: COLLINS ENGINEERS, INC. B r� jf �7 '� y Vic ' 'resident y President (SEAL) Scope of Services In providing the necessary inspection and reporting services for this project, Collins will utilize the expertise and prior experience of its Project Team to present the structural importance of the dam's current condition, and to detail what remedial measures are actually needed to protect and preserve the dam and maintain its safety for the public upstream and downstream of the dam. The inspection will be conducted by a skilled and competent professional engineer and/or professional engineer-diver with considerable experience in the above water and underwater inspection of dams. This individual, whether it be the P.E. Team Leader or someone working closely under their direction, will: ♦ Utilize the appropriate equipment and safety procedures; ♦ Employ a careful systematic approach incorporating visual/tactile inspection techniques; and ♦ Rely on engineering know-how to insure that all notable conditions are found and properly recorded. The identification of all important conditions during the major inspections will include: ♦ The detection of significant deterioration and damage above and below water; ♦ Noting channel bottom make-up and conditions and the presence of any scour or infilling; • Identifying all dam foundation exposure or undermining; as well as ♦ Recording the presence of drift accumulations, the condition of appurtenant structures, the status of the channel banks and overall waterway, and the presence of any settlement or misalignment of the dam components. The identification of all important conditions during the minor inspections will - include: • The detection of significant deterioration and damage above water; ♦ Recording the presence of drift accumulations, the condition of appurtenant structures, the status of the channel banks and overall waterway, and the presence of any settlement or misalignment of the dam components. Collins' detailed underwater inspections will include a complete visual and tactile examination of the submerged portions of the dam and localized cleaning for random areas, structurally critical areas, and suspect areas of concern. A thorough review of all available design and prior inspection data, and in most cases, our intimate knowledge of the dam from prior inspection will be used to assess the current state of the dam and any progression of its deficiencies. The water depth soundings and channel bottom configuration will be compared with previous profiles to evaluate the channel for any aggradation and/or degradation, and its impact on the dam's overall stability. With the inspection findings fully documented in the field, the task of preparing an accurate and concise inspection report will be performed in the office, by or under the direct supervision of the Project Manager, Mr. Daniel G. Stromberg, S.E., P.E. The field documentation will include noting the structural importance of the conditions found and the need for repairs, along with developing any preliminary recommendations that can be made. The field inspection personnel will be actively involved throughout the report preparation process, and their intimate knowledge of the findings, coupled with the field data, pertinent photographic or video documentation, appropriate figures, and testing results, will serve to ensure that the dam conditions are completely presented and accurately evaluated, along with repair recommendations that are indeed necessary. Having previously reported on this dam will also provide for consistency and continuity with respect to condition assessments and repair recommendations, as well as assist in identifying any changed conditions or detrimental trends of structural or scour related importance. ATTACHMENT B Expenses will be billed as follows: Travel, Lodging, and Subsistence Actual Cost Printing and Reproduction Actual Cost Long Distance Telephone and Shipping Actual Cost Equipment Rental Actual Cost Expendable Supplies Actual Cost 14 ft. Boat and Motor $80.00 per day 18 ft. Boat, Motor, and Trailer $110.00 per day 19 ft. Boat, Motor, and Trailer $110.00 per day 20 ft. Boat, Motor, and Trailer $150.00 per day 22 ft. Boat, Motor, and Trailer $190.00 per day Recording Fathometer $50.00 per day Automated Hydrographic Survey System $345.00 per day Individual Diving Equipment $25.00 per day Surface Supplied Diving Equipment $300.00 per day Mileage: Automobile $.345 per mile plus tolls Truck or Van $.35 per mile plus tolls with Boat Trailer $.37 per mile plus tolls City of Elgin 2001 - 2006 Kimball Street Dam Inspections Fee Estimate Year Inspection Present Cost Proposed Fee* 2001 Minor $4,171 $4,171 2002 Minor $4,171 $4,380 2003 Major $7,332 $8,084 2004 Minor $4,171 $4,828 2005 Minor $4,171 $5,070 2006 Major $7,332 $9,358 Total $35,890 *Assumes 5% Increase Per Year