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HomeMy WebLinkAbout00-92 Resolution No. 00-92 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH PAVIA-MARTING AND COMPANY FOR TRAFFIC ENGINEERING SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5 . 02 . 020B (6) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interests of the city; and BE IT FURTHER RESOLVED 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 Pavia-Marting and Company for traffic engineering services, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: April 12 , 2000 Adopted: April 12 , 2000 Omnibus Vote : Yeas 6 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT, is made and entered into this / .7711- day of /�la/t L , 2000 , by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Pavia-Marting and Company, and Illinois Corporation(hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the traffic engineering issue (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, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged 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 Neighborhood Services Committee (NCS) B. In general, the ENGINEER's work will include but may not be limited to the following categories of engineering activities: Traffic Engineering Services • Attendance at the NSC meetings as directed by CITY staff; • Attend City Council meetings when requested; • Meet with neighborhood groups as requested; • Provide recommendations regarding neighborhood and other traffic control issues as directed by the NCS; • Make field investigations of traffic related issues; • Meet with other governmental agencies as required or as directed by the NCS; • Provide opinions regarding traffic calming proposals when requested; and • Such other services as may be requested from time to time • Page -2- II. PROGRESS REPORTS A. The Engineer shall, when requested, submit to the NCS Status Reports keyed to a specific project. A brief narrative will be provided identifying findings, outstanding issues and recommendations. 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 NCS 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 within the range of hourly rates as listed in Attachment A for the personnel employed on this PROJECT, with the total fee not to exceed Twenty-Five Thousand($25,000.00) dollars regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized by CITY through a change order or amendment. B. The only reimbursable expenses authorized under this Agreement are costs related to mileage and printing. Contained in the not-to-exceed fee in paragraph A. above, is a mileage and printing allowance of seven hundred fifty ($750.00) dollars. C. 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 total amount shown in the following schedule, and full payments shall not be made until the respective task is completed and accepted by the CITY. The Traffic Engineering Services fee schedule for the Fiscal Year 2000 shall not exceed $25,000.00 (including mileage and printing expenses) unless authorized by the CITY in writting. D. A schedule of the range of hourly invoicing rates for the various disciplines is attached hereto as Attachment A. This schedule of hourly invoicing rates will be in force from January 1, 2000 to December 31, 2000. Page -3- V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (IIC above) will be included with payment requests only when specifically requested by the NCS. B. The ENGINEER shall maintain records showing actual time devoted to each project and the associated 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 following approval of CITY'S corporate authorities and, unless terminated for cause or pursuant to Article VI foregoing, shall expire on the date the CITY'S GENERAL SERVICES MANAGER 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 CITY relative to a claim submitted by the ENGINEER, all Page-4- work required under this Agreement as determined by the CITY 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 The 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 but not limited to Workmen's Compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including but not limited to 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, the City's General Services Manager, 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 CITY 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 CITY'S GENERAL SERVICES MANAGER. Page -5- The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article X entitled "Indemnification" shall be provided. B. Comprehensive Automobile Liability. The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of 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 $ 1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the CITY'S GENERAL SERVICES MANAGER as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the CITY. 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 disability, 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 Page-6- Agreement on the grounds of sex, race, color, creeds, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical disability. 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. Any proposed subcontractors shall require the CITY'S advance written approval. 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 copartners 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 or to constitute an employment relationship between the parties hereto. XVIII 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 Page-7- 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 constitute 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. XXII NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the CITY'S GENERAL SERVICES MANAGER, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the CITY'S GENERAL SERVICES MANAGER prior to said documentation becoming matters of a 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: Page-8- 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 CITY and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The CITY 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: David Lawry General Services Manager City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: DALE V. MARTING (Sr.), P.E. President and Principal Engineer Pavia-Marting & Co. 910 West Lake Street Roselle, Illinois 60172-3352 , Page -9- 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 A1J, By 1" `-' _d/Z-- Loni Mecum of Joyce Parker City Clerk City Manager (SEAL) For the ENGINEER: / Dated this 26 r(day of ,���,C(ce2 , A.D., 2000 ATTEST: Z // /J`/A/.i / Sec e .ry D. e V. Mart. g (Sr.) Presi• •nt (SEAL) F\0702propsl\WPICONTRACT\ENG SER AGREE-Elgin Traffic Eng Agreement for 2000.wpd ATTACHMENT A RANGE OF REGULAR HOURLY INVOICING RATES FOR TRAFFIC ENGINEERING RELATED SERVICES City of Elgin, Illinois 60120 RANGE OF HOURLY INVOICING RATES DISCIPLINES (Incl.Sal.,Overhd.&Profit Only) PRINCIPAL ENGINEERS, P.E. $124.00 - $138.00 PROJECT MANAGERS, P.E. $68.00 - $105.00 PROJECT ENGINEERS $76.00 - $101.00 DESIGN ENGINEER $64.00 - $82.00 TRAFFIC ENGINEERS $72.00 - $79.00 TECHNICAL ENGINEER $66.00 - $74.00 PROJECT DRAFTSMAN $51.00 - $72.00 DRAFTSMAN $36.00 - $61.00 REGISTERED LAND SURVEYOR $69.00 - $74.00 FIELD PARTY CHIEF $66.00 - $74.00 FIELDMAN/INSTRUMENT MAN $48.00 - $68.00 RESIDENT ENGINEERS $66.00 - $74.00 STRUCTURAL ENGINEERS, S.E. $91.00 - $123.00 j MARKETING ENGINEER $66.00 - $79.00 ARCHITECTS $78.00 - $80.00 CLERICAL $38.00 - $42.00 Mileage, mylars, copies and printing (bluelines) have not been included in the above hourly rates. Mileage will be billed at$0.315/mile, copies at$0.10/copy and prints (bluelines)at$1.00/sheet. Profit is already included in the above hourly rates at of 15% on all salaries and overhead. A 15% profit will be added to all non-labor direct expenses such as mileage, copies and prints (bluelines). The range of hourly rates for each discipline is based on the variation in experience and compensation for the respective employee being utilized on the PROJECT. The invoicing process will indicate the hourly invoicing rate for the respective employee consistent with the above rate schedule. The above rate schedule is good until december 31, 2000. After that date the rates are subject to adjustment. File Name-F:\DATA\123\PROPOSAL\MAST-PRO\HRLYRATE.Wk4;Sheet-->HRLYRAT2A PAVIA-MARTING & CO. Page 1 01/26/2000 at 05:17:24 PM • `., C, City of Elgin Agenda Item No. March 22 , 2000 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Traffic Engineering Contract - Year 2000 PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an agreement with Pavia Marting & Company to continue to provide traffic engineering services for the City. BACKGROUND On March 10, 1999, the City Council approved a contract with Pavia Marting & Company to provide traffic engineering services . In 1999, approximately $17, 500 was expended by Pavia Marting providing services such as stop sign warrants, school crossing investigations, roadway geometric design and review, traffic signage review and others. The remaining balance is being used to fund the analysis of one-way to two-way traffic in the downtown. Pavia Marting primarily works in conjunction with the efforts of the Neighborhood Services Committee and only performs work as needed and as requested. In 1999, Pavia Marting was selected from other firms because of their experience with neighborhood traffic issues . Many engineering firms had traffic engineering experience but lacked insight with respect to neighborhood traffic issues and solutions . It is suggested that the City enter into another contract with Pavia Marting in lieu of another selection process because of their neighborhood traffic experience and because staff has no additional knowledge of other engineering firms that have the large amount of neighborhood insight . Pavia Marting also performs work for both IDOT and Kane County and has extensive experience with the traffic control rules of both organizations. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED rik None . • Traffic Engineering Contract - Year 2000 100. March 22, 2000 Page 2 yik FINANCIAL IMPACT The 2000 budget includes $25, 000 in account number 010-3311- 752 . 30-03 , project number 030011 . The subject contract is a not-to-exceed contract in the amount of $25, 000 . The hourly rates listed in this contract are consistent with other rates being billed under other City approved engineering contracts . LEGAL IMPACT 1041 Approval of this contract is considered an exception to the procurement ordinance and will require a two-thirds majority vote for passage . ALTERNATIVES None. RECOMMENDATION It is recommended that the Mayor and members of the City Council rk approve the subject traffic engineering services contract with Pavia Marting & Company, Roselle, Illinois in the not-to-exceed amount of $25, 000 and direct staff to execute the contract documents . dill•ectfully submitt _• a Jbyce '. Parker City Manager dw r AGREEMENT THIS AGREEMENT, is made and entered into this day of 2000 , by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Pavia-Marting and Company, and Illinois Corporation (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the traffic engineering issue(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, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged 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 Neighborhood Services Committee(NCS) B. In general,the ENGINEER's work will include but may not be limited to the following categories of engineering activities: Traffic Engineering Services • Attendance at the NSC meetings as directed by CITY staff; • Attend City Council meetings when requested; • Meet with neighborhood groups as requested; • Provide recommendations regarding neighborhood and other traffic control issues as directed by the NCS; • Make field investigations of traffic related issues; • Meet with other governmental agencies as required or as directed by the NCS; • Provide opinions regarding traffic calming proposals when requested; and • Such other services as may be requested from time to time Page-2- II. PROGRESS REPORTS A. The Engineer shall,when requested, submit to the NCS Status Reports keyed to a specific project. A brief narrative will be provided identifying findings, outstanding issues and recommendations. 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 NCS 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 within the range of hourly rates as listed in Attachment A for the personnel employed on this PROJECT,with the total fee not to exceed Twenty-Five Thousand($25,000.00) dollars regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized by CITY through a change order or amendment. B. The only reimbursable expenses authorized under this Agreement are costs related to mileage and printing. Contained in the not-to-exceed fee in paragraph A. above, is a mileage and printing allowance of seven hundred fifty($750.00) dollars. C. 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 total amount shown in the following schedule, and full payments shall not be made until the respective task is completed and accepted by the CITY. The Traffic Engineering Services fee schedule for the Fiscal Year 2000 shall not exceed $25,000.00 (including mileage and printing expenses) unless authorized by the CITY in writting. D. A schedule of the range of hourly invoicing rates for the various disciplines is attached hereto as Attachment A. This schedule of hourly invoicing rates will be in force from January 1, 2000 to December 31, 2000. Page-3- V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (IIC above)will be included with payment requests only when specifically requested by the NCS. B. The ENGINEER shall maintain records showing actual time devoted to each project and the associated 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 following approval of CITY'S corporate authorities and, unless terminated for cause or pursuant to Article VI foregoing, shall expire on the date the CITY'S GENERAL SERVICES MANAGER 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 CITY relative to a claim submitted by the ENGINEER, all Page-4- work required under this Agreement as determined by the CITY 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 The 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 but not limited to Workmen's Compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including but not limited to 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, the City's General Services Manager, 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 CITY 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 CITY'S GENERAL SERVICES MANAGER. Page-5- The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article X entitled "Indemnification" shall be provided. B. Comprehensive Automobile Liability. The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of 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 $ 1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the CITY'S GENERAL SERVICES MANAGER as evidence of insurance rik protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the CITY. 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 disability, 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 Page-6- Agreement on the grounds of sex, race, color, creeds, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical disability. 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. Any proposed subcontractors shall require the CITY'S advance written approval. 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 copartners 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 or to constitute an employment relationship between the parties hereto. XVIII 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 Page-7- 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 constitute 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. XXII NEWS RELEASES (1°64 The ENGINEER may not issue any news releases without prior approval from the CITY'S GENERAL SERVICES MANAGER,nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the CITY'S GENERAL SERVICES MANAGER prior to said documentation becoming matters of a 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: • Page-8- 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 rk CITY and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The CITY 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: David Lawry General Services Manager City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: DALE V. MARTING (Sr.),P.E. President and Principal Engineer Pavia-Marting&Co. 910 West Lake Street Roselle, Illinois 60172-3352 Page-9- 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 By Loni Mecum Joyce Parker City Clerk City Manager (SEAL) For the ENGINEER: Dated this G day of , A.D., 2000 ATTEST: Bye "7/ , By // Sec--tary Dale V. arting(Sr. President (SEAL) fek F:\0702propsl\WP\CONTRACT\ENG SER AGREE-Elgin Traffic Eng Agreement for 2000.wpd ATTACHMENT A r • RANGE OF REGULAR HOURLY INVOICING RATES FOR TRAFFIC ENGINEERING RELATED SERVICES City of Elgin, Illinois 60120 RANGE OF HOURLY INVOICING RATES DISCIPLINES L (Ind.Sal.,Overhd.&Profit Only) PRINCIPAL ENGINEERS, P.E. $124.00 - $138.00 PROJECT MANAGERS, P.E. $68.00 - $105.00 PROJECT ENGINEERS $76.00 - $101.00 DESIGN ENGINEER $64.00 - $82.00 TRAFFIC ENGINEERS $72.00 - $79.00 TECHNICAL ENGINEER $66.00 - $74.00 PROJECT DRAFTSMAN $51.00 - $72.00 DRAFTSMAN $36.00 - $61.00 REGISTERED LAND SURVEYOR $69.00 - $74.00 FIELD PARTY CHIEF $66.00 - $74.00 '` FIELDMAN/INSTRUMENT MAN $48.00 - $68.00 [ _ RESIDENT ENGINEERS $66.00 $74.00 j STRUCTURAL ENGINEERS, S.E. $91.00 $123.00 MARKETING ENGINEER $66.00 - $79.00 ARCHITECTS $78.00 - $80.00 CLERICAL $38.00 - $42.00 Mileage, mylars, copies and printing (bluelines)have not been included in the above hourly rates. Mileage will be billed at$0.315/mile,copies at$0.10/copy and prints (bluelines)at$1.00/sheet. Profit is already included in the above hourly rates at of 15% on all salaries and overhead. A 15% profit will be added to all non-labor direct expenses such as mileage, copies and prints (bluelines). The range of hourly rates for each discipline is based on the variation in experience and compensation for the respective employee being utilized on the PROJECT. The invoicing process will indicate the hourly invoicing rate for the respective employee consistent with the above rate schedule. The above rate schedule is good until december 31, 2000. After that date the rates are subject to adjustment. File Name-F.IDATA\123\PROPOSALWIAST-PROWRLYRATE.Wk4,Sheet->HRLYRAT2A PAVIA-MARTING & CO. Page 1 01/26/2000 at 05:17:24 PM