HomeMy WebLinkAbout14-55 Resolution No. 14-55
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
HR GREEN, INC. FOR INSPECTION AND EVALUATION SERVICES
IN CONNECTION WITH THE 2014-2017 BRIDGE INSPECTION PROGRAM
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 on behalf of the City of Elgin with HR
Green, Inc. for inspection and evaluation services in connection with the 2014-2017 Bridge
Inspection Program, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain _
David J. Kaptain, Mayor
Presented: May 14, 2014
Adopted: May 14, 2014
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this 14 day of tray,2014,by and between the
CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and HR
Green, Inc., an Iowa corporation(hereinafter referred to as"ENGINEER").
WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional
services in connection with the City's 2014-2017 Bridge Inspection Program(hereinafter referred to
as the"PROJECT"); and
WHEREAS, the ENGINEER represents that he is in compliance with Illinois Statutes
relating to professional registration of individuals and has the necessary expertise and experience to
furnish such services upon the terms and conditions set forth herein below.
NOW,THEREFORE,it is hereby agreed by and between the CITY and the ENGINEER that
the CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and
covenants contained herein,the sufficiency of which is hereby acknowledged to act for and represent
it in the engineering matters involved in the PROJECT as described herein,subject to the following
terms and conditions and stipulations, to-wit:
1. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the City Engineer of the
CITY, herein after referred to as the"CITY ENGINEER".
B. This project will include routine inspection and evaluation of the CITY's existing
bridges more particularly described and listed in Attachment A,attached hereto and
made part hereof.
C. A detailed Scope of Services is attached hereto as Attachment A.
2. PROGRESS REPORTS
A. A detailed project schedule for the Project is included as Attachment A, attached
hereto. Progress will be recorded on the project schedule and submitted monthly as a
component of the Status Report described in Section 2(B) below.
B. The ENGINEER will submit to the CITY ENGINEER monthly a status report keyed
to the project schedule. A brief narrative will be provided identifying progress,
findings and outstanding issues.
3. WORK PRODUCTS
All work product prepared by the ENGINEER pursuant hereto including,but not limited to,
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 CITY ENGINEER;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 to the ENGINEER.
4. PAYMENTS TO THE ENGINEER(Lump Sum Method)
A. The CITY shall pay the ENGINEER for services under this Agreement a total not-
to-exceed sum of Eighty Four Thousand, Eight Hundred and Ninety Three and
30/100 Dollars($84,893.30),regardless of actual Costs incurred by the ENGINEER
unless substantial modifications to the project are authorized in writing by the CITY
ENGINEER. The aforementioned total payment to the ENGINEER shall be made
over a 4-year period as described in Section 4(B) below.
B. The CITY shall make periodic payments to the ENGINEER based upon actual
progress within 30 days after receipt and approval of invoice. Said periodic
payments to the ENGINEER shall not exceed the amounts shown in the following
schedule, and full payments for each task shall not be made until the task is
completed and accepted by the DIRECTOR.
PUment Breakdown:
2014: $28,349.80
2015: $17,212.60
2016: $22,122.80
2017: $17,208.10
5. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress
reports (Section 2(B) above) will be included with all payment requests.
B. The ENGINEER shall maintain records showing actual time devoted and cost
incurred. The ENGINEER shall permit the authorized representative of the CITY to
inspect and audit all data and records of the ENGINEER for work done under this
Agreement. The ENGINEER shall make these records available at reasonable times
during the Agreement period, and for a year after termination of this Agreement.
6. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any
time for any reason, including but not limited to convenience, upon fifteen(15) days prior
written notice to the ENGINEER. In the event that this Agreement is so terminated, the
ENGINEER shall be paid only for such services as have been actually performed on a pro
rata basis prior to the date of termination;provided,however,that in no event shall the total
amount paid to the ENGINEER exceed the amounts provide for herein.
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 CITY ENGINEER relative to a claim submitted by the ENGINEER,all work
required under this Agreement as determined by the CITY ENGINEER 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 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 50111, 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 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 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 LIABILITY
No official,city engineer,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 CITY ENGINEER 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 CITY ENGINEER.
The Certificate of Insurance which shall include Contractual obligation assumed by
the ENGINEER under Article 10 entitled"Indemnification" shall be provided.
This insurance shall apply as primary insurance with respect to any other insurance or
self-insurance programs afforded to the CITY. There shall be no endorsement or
modification of this insurance to make it excess over other available insurance,
alternatively, if the insurance states that it is excess or prorated, it shall be endorsed
to be primary with respect to the CITY.
B. Comprehensive Automobile Liability. Comprehensive Automobile Liability
Insurance covering all owned,non-owned and hired motor vehicles with limits of not
less than $500,000 per occurrence for damage to property.
C. Combined Single Limit Policy. The requirements for insurance coverage for the
general liability and auto exposures may be met with a combined single limit of
$1,000,000 per occurrence subject to a$1,000,000 aggregate.
D. Professional Liability. The ENGINEER shall carry Engineers Professional Liability
Insurance Covering claims resulting from error, omissions or negligent acts with a
combined single limit of not less than $1,000,000 per occurrence. A Certificate of
Insurance shall be submitted to the CITY ENGINEER as evidence of insurance
protection. The policy shall not be modified or terminated without thirty(30)days
prior written notice to the CITY ENGINEER.
13. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES,
PROCEDURES AND SAFETY
The ENGINEER shall not have control over or charge of and shall not be responsible for
construction means,methods,techniques,sequences or procedures,or for safety precautions
and programs in connection with the construction,unless specifically identified in the Scope
of Services.
14. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement,there shall be no
discrimination against any employee or applicant for employment because of sex,age,race,
color,creed,national origin,marital status,of the presence of any sensory,mental or physical
handicap, unless based upon a bona fide occupational qualification, and this requirement
shall apply to, but not be limited to, the following: employment advertising, layoff or
termination,rates of pay or other forms of compensation and selection for training,including
apprenticeship.
No person shall be denied or subjected to discrimination in receipt of the benefit of any
services or activities made possible by or resulting from this Agreement on the grounds of
sex,race,color,creed,national origin,age except minimum age and retirement provisions,
marital status or the presence of any sensory,mental or physical handicap. Any violation of
this provision shall be considered a violation of a material provision of this Agreement and
shall be grounds for cancellation, termination or suspension, in whole or in part, of the
Agreement by the CITY.
15. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the successors and
the assigns of the parties hereto; provided, however, that no assignment shall be made
without the prior written consent of the CITY.
16. DELEGATIONS AND SUBCONTRACTORS
Any assignment,delegation or subcontracting shall be subject to all the terms,conditions and
other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with
respect to each and every item,condition and other provision hereof to the same extent that
the ENGINEER would have been obligated if it had done the work itself and no assignment,
delegation or subcontract had been made. Any proposed subcontractor shall require the
CITY's advanced written approval.
17. NO CO-PARTNERSHIP OR AGENCY
This Agreement shall not be construed so as to create a partnership, joint venture,
employment or other agency relationship between the parties hereto.
18. SEVERABILITY
The parties intend and agreed that, if any paragraph, sub-paragraph,phrase, clause or other
provision of this Agreement, or any portion thereof, shall be held to be void or otherwise
unenforceable, all other portions of this Agreement shall remain in full force and effect.
19. HEADINGS
The headings of the several paragraphs of this Agreement are inserted only as a matter of
convenience and for reference and in no way are they intended to define,limit or describe the
scope of intent of any provision of this Agreement, nor shall they be construed to affect in
any manner the terms and provisions hereof or the interpretation or construction thereof.
20. MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes the entire Agreement of the parties on the
subject matter hereof and may not be changed, modified, discharged or extended except by
written amendment duly executed by the parties. Each party agrees that no representations or
warranties shall be binding upon the other party unless expressed in writing herein or in a
duly executed amendment hereof, or change order as herein provided.
21. APPLICABLE LAW
This Agreement shall be deemed to have been made in,and shall be construed in accordance
with the laws of the State of Illinois. Venue for the resolution of any disputes or the
enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane
County, Illinois.
22. NEWS RELEASES
The ENGINEER may not issue any news releases without prior approval from the
DIRECTOR, nor will the ENGINEER make public proposals developed under this
Agreement without prior written approval from the CITY ENGINEER prior to said
documentation becoming matters of public record.
23. COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants in the CITY's employ or any
work associated with the PROJECT.
24. INTERFERENCE WITH PUBLIC CONTRACTING
The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result
of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid
rigging.
25. SEXUAL HARASSMENT
As a condition of this contract,the ENGINEER shall have written sexual harassment policies
that include, at a minimum, the following information:
A. the illegality of sexual harassment;
B. the definition of sexual harassment under state law;
C. a description of sexual harassment, utilizing examples;
D. the vendor's internal complaint process including penalties;
E. the legal recourse,investigative and complaint process available through the Illinois
Department of Human Rights, and the Illinois Human Rights Commission;
F. directions on how to contact the department and commission;
G. protection against retaliation as provided by Section 6-101 of the Human Rights Act.
A copy of the policies shall be provided by ENGINEER to the Department of Human Rights
upon request 775 ILCS 5/2-105.
26. 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 CITY
ENGINEER and to other participants which may affect cost or time of completion, shall be
made or confirmed in writing. The CITY ENGINEER 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
City Engineer
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER:
Robert G. Davies
Project Director
HR Green, Inc. (Suite 100)
420 N. Front Street
McHenry, IL 60050
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 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 ENGINEER:
By By:
City Manager
Name/Print: Aiav Jain, PE, CFM
Title: Vice President
Attest:
t'� &/,le
City Clerk
ATTACHMENT A
SCOPE OF SERVICES and SCHEDULE
2014-2017 BRIDGE INSPECTION PROGRAM
PROJECT DESCRIPTION and SCOPE
This project will include routine inspection and evaluation of the CITY's existing bridges (listed below).
For structures listed on the Illinois Department of Transportation Bridge Inventory,ENGINEER will review
prior inspection reports,visit the site,complete an inspection utilizing an IDOT certified Program Manager.
The ENGINEER shall act as the IDOT required Program Manager on behalf of the CITY. ENGINEER will
submit to IDOT the following forms on behalf of the CITY:
• Routine Inspection Report
• Special Feature Report(where noted below)
• Underwater Inspection Report(where noted below)
• Inventory Turnaround Report (S-105).
ENGINEER will provide copies of these forms and a letter report summarizing our recommendations and
predictable upcoming maintenance issues. ENGINEER will also provide a shape file with the location of
each structure to be imported into the CITY's GIS system with a hyperlink to the inspections reports,for use
by City Engineer's office only. ENGINEER will provide the shape file for the CITY to upload into its GIS
system.
For structures not listed on the Illinois Department of Transportation Bridge Inventory(generally, bridges
with no structure number), ENGINEER will review prior inspection reports (if available), visit the site,
complete a visual inspection utilizing an IDOT certified Program Manager and submit a letter report
summarizing our observations, recommendations, safety issues and predictable upcoming maintenance
issues.
The letter reports will be issued four(4)weeks after the inspections are completed for each calendar year and
will include all of the structures inspected that year.
The professional services included under this contract are intended to fulfill the requirements of a Biennial
Bridge Inspection as defined by the Illinois Department of Transportation Structure Information and
Procedure Manual. The condition of the items included in the Illinois Structures Information System will
be reported according to the Procedure manual. The above services exclude scour analyses,review of the
original design, construction and any comparison of the design and construction to current standards.
Element level and special inspections are not included. Any estimate of cost offered as a part of the
summary is to be considered a rough budgetary number only.No recommendation or description offered in
the summary report shall be considered as sufficiently detailed to obtain bids or to perform construction or
repair work.
Collins Engineers will be subcontracted to ENGINEER to provide the Underwater Inspection (UW) for
Kimball Street over the Fox River. Other UW inspections will be performed by CONSULTANT.
Attachment A
City of Elgin-2014-2017 Bridge Inspection Program
HR Green Job No.86140025
Page 3 of 3
SCHEDULE AND LIST OF STRUCTURES
2014 Routine Special Feature and Underwater(UW) Inspections:
045-0058 Eastbound Chicago Street over Fox River(Includes UW) July
045-0059 Highland Avenue over Fox River(Includes UW) July
045-3131 Crawford Road over Bowes Creek September
016-0222 Villa Street over Poplar Creek September
016-2523 Villa Street over Willow Creek September
016-6941 Shales Parkway over Poplar Creek September
016-6940 Bluff City Boulevard over Poplar Creek September
045-3144 Highland Avenue over Pingree Creek September
045-6304 National Street over the Fox River(UW only) September
045-6301 Kimball Street over the Fox River(UW only-by Collins) September
045-6307 SFI for Riverside Drive PS July
Airlite Street over Sandy Creek July
2015 Routine and Special Feature Inspections
045-6023 Bowes Creek Boulevard over ICRR April
045-6300 McLean Boulevard over Tyler Creek April
045-6307 Riverside Drive over Parking Garage & SFI April
045-6304 National Street over the Fox River(No UW) July
045-6301 Kimball Street over the Fox River(No UW) July
045-6306 Royal Boulevard over Tyler Creek July
Bode Road over Wing Park Tributary to Willow April
Summit Street Pedestrian Underpass April
McLean Blvd. Golf Underpass April
2016 Routine and Special Feature Inspections
045-3322 Big Timber Road over Tyler Creek September
045-6302 Damisch Road over Tyler Creek September
045-0058 Eastbound Chicago Street over Fox River(No UW) July
045-0059 Highland Avenue over Fox River(No UW) July
016-2523 Villa Street over Willow Creek September
016-6941 Shales Parkway over Poplar Creek September
016-6940 Bluff City Boulevard over Poplar Creek September
045-3144 Highland Avenue over Pingree Creek September
045-6305 Eagle Road over Tyler Creek July
045-6307 SFI for Riverside Drive PS July
Tournament Drive over Sandy Creek/Bowes July
Reserve Drive over Trib. to Otter Creek July
Attachment A
City of Elgin-2014-2017 Bridge Inspection Program
HR Green Job No.86140025
Page 3 of 3
2017 Routine and Special Feature Inspections
045-6300 McLean Boulevard over Tyler Creek April
045-6307 Riverside Drive over Parking Garage & SFI April
045-6304 National Street over the Fox River(No UW) July
045-6301 Kimball Street over the Fox River(No UW) July
045-6306 Royal Boulevard over Tyler Creek July
045-6310 South Street over Otter Creek July
Amberside Drive over Sandy Creek April
Old Bridge Road over pond April
Garden Cresent over Tyler Creek April