HomeMy WebLinkAbout18-55 Resolution No. 18-55
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH HR GREEN, INC. FOR
ENGINEERING SERVICES IN CONNECTION WITH THE 2018-2021 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 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 HR
Green, Inc. for engineering services in connection with the 2018-2021 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 9, 2018
Adopted: May 9, 2018
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this 9 day of May, 2018, 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 of Elgin 2018-2021 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 required inspection, evaluation and reporting 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 or legal exposure to the ENGINEER.
4. PAYMENTS TO THE ENGINEER
A. The CITY shall reimburse the ENGINEER for services under this Agreement a
total not-to-exceed sum of One Hundred Twenty Five Thousand, Five Hundred
Thirty Nine and 00/100 ($125,939.00) Dollars, regardless of actual Costs incurred
by the ENGINEER unless substantial modifications to the project are authorized
in writing by the CITY ENGINEER and approved by way of written amendment
to this Agreement. 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 CITY ENGINEER.
Annual Cost Breakdown
Year Labor Cost Direct Cost' Total Cost
2018 $24,962.00 $15,276.00 $40,238.00
2019 $23,782.00 $2,193.00 $25,975.00
2020 $26,719.00 $16,176.00 $42,895.00
2021 $16,336.00 $95.00 $16,431.00
TOTAL $91,799.00 $33,740.00 $125,539.00
'Includes $30,494.00 in direct costs including traffic control for snooper inspections to be
completed in 2018 and 2020
5. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the CITY.
Progress reports (2C 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
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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 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
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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, attorney's 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 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
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.
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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
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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
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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 CITY
ENGINEER, 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.
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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 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:
Ron Rudd, P.E.
City Engineer
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER:
Robert G. Davies
Project Director
HR Green, Inc.
420 North Front Street, Suite 100
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
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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 B�(i%fi �.!1.i'�/ : /ti IL
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City Manager / /
Name/Print: �J A`f Tim n►
Attest:
Title: \11 L1c Plies ►De T
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City Clerk 111
F:\Legal Dept\Agreement\ENGINEERING AGREEMENT-FORM-01-23-12.doc
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ATTACHMENT A
SCOPE OF SERVICES
PROJECT DESCRIPTION AND SCOPE
This project will include routine inspection, evaluation and reporting of the City's existing
bridges (listed below).
For structures listed on the Illinois Department of Transportation (IDOT) Bridge Inventory,
ENGINEER will review prior inspect reports,visit each 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
• Underwater Inspection Report(where noted below)
• Inventory Turnaround Report(S-105)
In the Years 2018 and 2020 inspections, scope will include use of a rented under bridge
inspection unit(Snooper) and appropriate traffic control. Information gathered in this way will
also facilitate a more accurate inspection, estimate of repairs needed and an opinion of upcoming
repair costs and remaining useful life. It can also be used for the Bridge Condition Report when
the bridges start into the replacement process.
HR Green will provide an UW Inspection Program (a new requirement since the previous
underwater inspections were performed in 2014) which will include an UW inspection, The
bridges requiring an UW inspections include Chicago Street, Highland Avenue, Kimball Street
and National Street over the Fox River. The UW program requires stream cross sections at
each face of each bridge as well as 50 feet upstream and downstream of the bridge. We believe
monitoring the rip rap using this method will make a diver inspection unnecessary. If we do
identify new scour, we will recommend the City contract with Collins Engineers under a
separate contract for additional inspections using a diver.
Within four(4) weeks after inspections are completed for each calendar, HR Green will provide
a summary report to the City. For each bridge, the summary report will include:
• Copies of all forms submitted to DOT on the City's behalf.
• Photographs showing noteworthy deficiencies.
• Text describing deficiencies with recommended repairs. We will add budgetary numbers
for the repairs based on available unit cost data and our experience with the 2017 Bridge
Rehabilitation Project
The summary with each report will indicate bridges currently eligible for federal funding as well
as those that may become eligible in the near future. HR Green will also update the bridge
program manager's file. Currently, this electronic file includes the inspection reports,bridge
construction and repair plans, IDOT correspondence, inspection sketches, underwater inspection
plans, scour plans of action and photographs in separate folders for each bridge.
Finally, as required in the scope, we will prepare a document, for inclusion in the City's rules
and regulations that explains, in laymen's terms, the City's requirement to follow IDOT's
regulations and mandates relative to bridges. Upon completion of this program, we will also
prepare and make a presentation to the City Council which is anticipated to occur in 2021.
The professional services included under this contract are intended to fulfill the requirements of a
Biennial Bridge Inspection as defined by the IDOT 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. No recommendations or
description offered in the summary report shall be considered as sufficiently detailed to obtain
bids or to perform construction or repair work.
Structure List and Inspection Schedule
Structure July-Sept Apr—June Aug—Oct July-Sept July-Sept
Bridge Name Number 2018 2019 2019 2020 2021
Routine Underwater Routine Routine
Villa St.over Poplar Creek 016-0222 X X
Villa St.over Willow Creek 016-2523 X X
Bluff City Blvd over Poplar Creek 016-6940 X X
Shales Pkwy over Poplar Creek 016-6941 X X
Chicago St over Fox River 045-0058 X1 X X'
Highland Ave over Fox River 045-0059 X' X X'
Crawford Rd over Bowes Creek 045-3131 X
Highland Ave over Pingree Creek 045-3144 X X
Big Timber Rd over Tyler Creek 045-3322 X
Bowes Creek Blvd over ICRR 045-6023 X X
McLean Blvd over Tyler Creek 045-6300 X X
Kimball St over Fox River 045-6301 X' X X'
Damisch Rd over Tyler Creek 045-6302 X
National St over Fox River 045-6304 X1 X X'
Eagle Rd over Tyler Creek 045-6305 X X
Royal Blvd over Tyler Creek 045-6306 X X
Riverside Dr over Parking Garage 045-6307 X X
South St over Otter Creek 045-6310 X X
'Includes snooper inspections
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