13-114 Resolution No. 13-114
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT
WITH COLLINS ENGINEERS, INC. FOR ENGINEERING SERVICES
IN CONNECTION WITH THE KIMBALL STREET DAM INSPECTION PROJECT
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 Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are
hereby authorized and directed to execute an Agreement with Collins Engineers, Inc. on behalf
of the City of Elgin for engineering services in connection with the Kimball Street Dam
Inspection Project, a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: July 24, 2013
Adopted: July 24, 2013
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this 24 day of July , 2013,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 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 Director of Public
Works of the CITY,herein after referred to as the "DIRECTOR".
B. The work hereunder shall be performed under this AGREEMENT includes providing
field inspection, surveying report preparation, Illinois Department of Natural
Resources (IDNR) communication and submittals, and engineering services to
perform the 2013 through 2018 major and minor inspections of the Kimball Street
Dam.
C. A detailed Scope of Services is attached hereto as Attachment A.
2. PROGRESS REPORTS
Progress Reports will not be required for this project. The inspections will occur
once a year in accordance with IDNR rules and regulations and said inspection will
occur in the fall of each year beginning in 2013 and extending through to the end of
2018.
3. WORK PRODUCTS
All work product prepared by the ENGINEER pursuant hereto including,but not limited to,
correspondence to and from the IDNR,reports,plans,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 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
A. For services provided by the ENGINEER, the CITY shall pay the ENGINEER a
lump sum of$53,760 over the six year period with various annual payments being
specified in subparagraph D below regardless of actual cost incurred by the
ENGINEER unless substantial modifications to the PROJECT are authorized in
writing by the DIRECTOR and approved by way of a written amendment to this
Agreement.
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. The fees listed in subparagraph D below include all direct expenses and
reimbursables.
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. The payment schedule shall be as
follows:
YEAR INSPECTION TYPE FEE
2013 Minor $6,650
2014 Minor $6,915
2015 Major $11,735
2016 Minor $7,480
2017 Minor $7,780
2018 Major $13,200
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5. 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.
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
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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 Paragraph 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 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
paragraph 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 paragraph shall survive any expiration and/or termination
of this Agreement.
11. NO PERSONAL LUBILITY
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.
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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
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
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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.
21. APPLICABLE LAW
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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.
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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 City's Assistant City Manager 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:
Joseph Evers,P.E.
City Engineer
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER:
S.L.Kaderbek, S.E.,P.E.
Senior Vice President
Collins Engineers, Inc.
123 N Wacker Drive, Suite 900
Chicago, IL 60606
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
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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. ENGINEER 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 ENGINE
By By:
'ity Manager
Name/Print: a
Title: ° J 16F Raft
Attest:
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City Clerk
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ATTACHMENT A
SCOPE OF SERVICES
Inspection of the Dam and Appurtenances
The inspections will be performed by a team of engineer-divers experienced in underwater
structural inspections of dams and spillway structures. The team will be led by a licensed
Professional Engineer registered in the State of Illinois who is also registered as a Bridge
Inspection Team Leader with the Illinois Department of Transportation.
The investigations will consist of a visual and tactile inspection of the exposed surfaces of the
Dam from the upstream slopewall to the downstream toe with particular attention given to any
observed areas of deterioration or apparent distress. The West Retaining Wall and the East
Abutment Wall will also be inspected. Photographs will be taken as necessary to document
general conditions and observed deficiencies. Observations of the channel adjacent to the
upstream slopewall and the downstream toe will be made to determine the channel bottom
material, the presence or extent of scour, the presence or extent of riprap, and the presence or
extent of drift and debris. Water depth soundings will be taken along the crest of the dam during
the minor inspections and additional soundings will be taken upstream and downstream of the
spillway during the major inspections. The waterline will be referenced to a known elevation on
the West Retaining Wall.
The members of the inspection team will be properly equipped and trained, and the diving
operations will be conducted in accordance with the Occupational Safety and Health
Administration Commercial Diving Operations Standard(29 CFR 1910,Subpart T)and Collins
Engineers' Manual of Safe Dive Practices. All inspection divers will have completed FHWA
Course BITM 90"Safety Inspection of In-Service Bridges"or NHI Course 130091 "Underwater
Bridge Inspection".
Detailed Inspection Report
A comprehensive inspection report will be prepared for each annual inspection of the dam.
The report text will include the purpose and scope of the inspection, general description of the
structure, method of investigation, summary of existing conditions, and evaluation and
recommendations. Detailed descriptions of the existing conditions will be located in the
inspection figures and briefly summarized in the text. The report figures will include a location
map,sounding plan,and the inspection notes. The report will also include color photographs of
general conditions and observed deficiencies.
One copy of the draft inspection report will be submitted for review. All comments on the draft
report will be incorporated into the final report. Three hard copies of the final report and one
digital copy of the final report in PDF format will be submitted.
Ilk
ELGIN
THE CITY IN THE SUBURBS-
I
DATE: August 1, 2013
TO: Joe Evers, City Engineer
FROM: Jennifer Quinton, Deputy City Clerk
SUBJECT: Resolution No. 13-114, 13-120, and 13-121 Adopted at the July 24, 2013, Council
Meeting
Enclosed you will find the agreement listed below. Please distribute this agreement to the other
party and keep a copy for your records if you wish. If you have any questions please feel free to
contact our office 847-931-5660 and we will do our best to assist you. Thank you.
• Resolution 13-114 Adopted Authorizing Execution of an Agreement with Collins
Engineers, Inc. for Engineering Services in Connection with the Kimball Street
Dam Inspection Project
• Resolution 13-120 Adopted Authorizing Execution of Amendment Agreement
No. 1 with Chastain& Associates, LLC for Construction Engineering Activities-
Phase III Engineering Services in Connection with the 2013 Neighborhood Street
Rehabilitation-Hammond/Cookane Project
• Resolution 13-121 Adopted Authorizing Execution of Seventh Amendment
Agreement with TranSystems Corporation for Design Engineering Services
Regarding the 2014 Roadway and