HomeMy WebLinkAbout03-179 Resolution No. 03-179
RESOLUTION
AUTHORIZING EXECUTION OF A CONSTRUCTION ENGINEERING SERVICES
AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC.
FOR THE McLEAN BOULEVARD AND BIG TIMBER ROAD
TRAFFIC SIGNAL MODERNIZATION PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be
and are hereby authorized and directed to execute a Construction
Engineering Services Agreement on behalf of the City of Elgin with
Hampton, Lenzini and Renwick, Inc. for the McLean Boulevard and Big
Timber Road Traffic Signal Modernization Project, a copy of which
is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 25, 2003
Adopted: June 25, 2003
Omnibus Vote: Yeas : 7 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
CONSTRUCTION ENGINEERING SERVICES AGREEMENT
FOR MOTOR FUEL TAX FUNDS
LOCAL AGENCY CONSULTANT
Municipality: Elgin Name: Hampton, Lenzini and Renwick, Inc.
Township: Address: 380 Shepard Drive
County: Kane City: Elgin
Section: 00-00169-00-TL State: Illinois 60123-7010
THIS AGREEMENT is made and entered into this (0 day of �
2003, between the above Local Agency(LA) and Consultant(ENGINEER)and cors d�rtain professional
engineering services in connection with the improvement of the above SECTION. Motor Fuel Tax funds
allotted to the LA by the Illinois Department of Transportation(DEPARTMENT)will be used entirely or in part
to finance engineering services as described under AGREEMENT PROVISIONS.
PROJECT DESCRIPTION
Name: Traffic Signal Modernization at Big Timber Road and McLean Boulevard
Route: Big Timber Road at McLean Boulevard
Length Not applicable
Structure No.: Not applicable
Termini: Traffic signal intersection improvement
Description: Traffic signal modernization and other appurtenant construction required by the approved
plans.
AGREEMENT PROVISIONS
THE ENGINEER AGREES
1. To perform or be responsible for the performance of the following engineering services for the LA in
connection with the proposed improvement hereinbefore described.
Furnish or cause to be furnished construction observers and other technical personnel to perform the
following work: (The number of such observers and other technical personnel required shall be subject
to the approval of the LA.)
a. Continuous observation of the work and Contractor's operations for compliance with the plans
and specifications as construction proceeds, but the ENGINEER does not guarantee the
performance of the contract by the Contractor.
6204\EI in\Bi Timber-McLean Traffic Signals-Phase 3 -1-
b. Maintain a daily record of the Contractor's activities throughout construction including sufficient
information to permit verification of the nature and cost of changes in plans and authorized extra
work.
c. Review testing reports (testing to be performed by others under separate contract with the LA)
and confirm the data with LA personnel.
d. Preparation and submission to the LA in the required form and number of copies, all partial and
P q P
final payment estimates, change orders, records and reports required by the LA and the
DEPARTMENT.
2. That all reports to be furnished by the ENGINEER pursuant to this AGREEMENT will be in accordance
with the current standard specifications and policies of the DEPARTMENT,it being understood that all
such reports shall before being finally accepted, be subject to approval by the LA and the
DEPARTMENT.
3. To attend conferences at any reasonable time when required to do so by the LA or representatives of
the DEPARTMENT.
4. The basic notes and sketches,computations,and other data prepared or obtained by the ENGINEER
pursuant to this AGREEMENT will be made available upon request to the LA without cost and without
restriction or limitations as to their use.
5. To submit, upon request by the LA a list of the personnel they propose to use in fulfilling the
requirements of this AGREEMENT.
6 That the upper limit of compensation shall not exceed$7,201.50. This upper limit of compensation is
based on three weeks of construction and 82 man-hours. See the attached "Construction Engineer
Negotiation Meeting." If major changes to the above are required,they will be negotiated prior to start
of extra work.
THE LA AGREES
1. To pay for all services stipulated under THE ENGINEER AGREES at the hourly rates set forth below
for personnel assigned to this SECTION as payment in full to the ENGINEER for the actual time spent
in providing these services,the hourly rates to include profit, overhead, readiness to serve,insurance,
social security and retirement deductions. Out-of-pocket expenses will be reimbursed to the
ENGINEER at his actual cost.
Grade Classification 2003-B
of Employee Hourly Rate
Principal $130.00
Engineer 9 128.00
Engineer 8 115.00
Engineer 7 101.00
Engineer 6 95.25
Engineer 5 83.50
Engineer 4 80.00
Engineer 3 74.00
Engineer 2 70.00
Engineer 1 63.50
Technician 7 82.50
6204\EI in\Bi Timber-McLean Traffic Signals-Phase 3 -2-
Grade Classification 2003-B
of Employee Hourly Rate
Technician 6 $74.00
Technician 5 65.50
Technician 4 57.25
Technician 3 51.00
Technician 2 45.50
Technician 1 40.75
Clerical 2 61.00
Clerical 1 42.75
Accountant 58.00
The hourly rates itemized above shall be effective the date the parties hereunto entering this
AGREEMENT have affixed their hands and seals and shall remain in effect until December 31, 2003.
In the event services of the ENGINEER extend beyond December 31, 2003, the hourly rates will be
adjusted yearly by addendum to this AGREEMENT to compensate for increases or decreases in the
salary structure of the ENGINEER that are in effect at that time.
2. That payments due the ENGINEER for services rendered pursuant to this AGREEMENT will be made
as soon as practicable after the services have been performed. Billings will be made at the beginning
of each month.
3. That the Contractor shall be required to indemnify and hold harmless both the LA and the ENGINEER
from worker injury claims by including the following provision in the construction contract:
To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the LA and the
ENGINEER and their respective agents and employees (Indemnitees) from and against any and all
claims, damages, losses, economic losses,and expenses, including but not limited to attorney's fees,
arising out of or resulting from performance of the work, provided that such claim, loss, or expense is
attributable to bodily injury,sickness,disease,or death,or to injury to or destruction of tangible property
(other than the work itself), including loss of use resulting therefrom, but only to the extent caused in
whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or
indirectly employed by them or anyone for whose acts they may be liable, excluding any proportionate
amount of any claim, damage, loss, or expense which is caused by a party indemnified hereunder.
Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of
indemnity which would otherwise exist as to a party or person described in this paragraph.
In claims against any person or entity indemnified under this paragraph by an employee of the
Contractor, a Subcontractor,anyone directly or indirectly employed by them or anyone for whose acts
they may be liable,the indemnification obligation under this paragraph shall not be limited by a limitation
on the amount or type of damages, compensation or benefits payable by or for the Contractor or a
Subcontractor under workers'orworkmen's compensation acts,disability benefit acts or other employee
benefit acts.
4. That the LA shall require the Contractor to name both the LA and the ENGINEER as additional insureds
on the Contractor's general liability policy by including the following provision in the construction
contract:
The Contractor will obtain and maintain Commercial General Liability Insurance with broad form
Property Damage coverage and contractual liability endorsement insuring the indemnity required of the
Contractor. The LA and ENGINEER will be named as additional insureds on the Contractor's
Commercial General Liability insurance policy. The additional insured endorsement included on the
Contractor's Commercial General Liability policy will provide the following:
6204\Elgin\Big Timber-McLean Traffic Signals-Phase 3 -3-
a. That the coverage afforded the additional insureds will be primary insurance for the additional
insureds with respect to claims arising out of operations performed by or on behalf of the
Contractor;
b. That if the additional insureds have other insurance which is applicable to the loss, such other
insurance will be on an excess or contingent basis;
c. That the amount of the company's liability under the insurance policy will not be reduced by the
existence of such other insurance; and
d. That the additional insureds will be given not less than 30 days prior written notice of any
cancellation thereof.
IT IS MUTUALLY AGREED
1. That any difference between the ENGINEER and the LA concerning the interpretation of the provisions
of this AGREEMENT shall be referred to a committee of disinterested parties consisting of one member
appointed by the ENGINEER,one member appointed by the LA and a third member appointed by the
two other members for disposition and that the committee's decision shall be final.
2. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at his
last known post office address. Upon such termination,the ENGINEER shall cause to be delivered to
the LA all data, if any,and all such material becomes the property of the LA. The ENGINEER shall be
paid for any services completed in accordance with paragraph 1 of THE LA AGREES.
3. That the ENGINEER warrants that he/she has not employed or retained any company or person other
than a bona fide employee working solely for the ENGINEER to solicit or secure this contract and that
he/she has not paid or agreed to pay any company or person other than a bona fide employee working
solely for the ENGINEER any fee, commission, percentage, brokerage fee, gifts, or any other
consideration contingent upon or resulting from the award or making of this contract. For breach or
violation of this warranty, the LA shall have the right to annul this contract without liability.
4. That the ENGINEER has not been retained or compensated to provide design and construction review
services relating to the Contractor's safety precautions or to means, methods, techniques, or
procedures the Contractor elects to use to complete his work. Omitted services include, but are not
limited to, shoring, scaffolding, underpinning, temporary retainment or excavations, and any erection
methods and temporary bracing.
5. That nothing contained in this AGREEMENT shall create a contractual relationship with or a cause of
action in favor of a third party against either the LA or the ENGINEER. The ENGINEER's services
under this AGREEMENT are being performed solely for the LA's benefit,and no other entity shall have
any claim against the ENGINEER because of this AGREEMENT or the performance or nonperformance
of services hereunder. The LA agrees to include a provision in all contracts with contractors and other
entities involved in this SECTION to carry out the intent of this paragraph.
6204\EIgin‘Big Timber-McLean Traffic Signals-Phase 3 -4-
IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed by their duly
authorized officers.
Executed by the LA: The City of Elgin of the State of Illinois, acting by
and through its City Council
ATTEST:
li;14--
By A_PC_AcA.----- By
:Zipc.-2
City Clerk ayor
(SEAL)
Executed by the ENGINEER: Hampton, Lenzini and Renwick, Inc.
380 Shepard Drive
Elgin, Illinois 60123-7010 •
ATTEST:
BBy .4.g , )1/ f
Secre ary I Preside't/C.E.O.
(SEAL)
6204\Elgin\Big Timber-McLean Traffic Signals-Phase 3 -5-
HAMPTON, LENZINI AND RENWICK, INC.
SPECIAL PROVISION FOR EMPLOYMENT PRACTICES
In addition to all other labor requirements set forth in this proposal and in the"Standard Specifications
for Road and Bridge Construction" adopted by the Illinois Department of Transportation, during the
performance of this contract, Hampton, Lenzini and Renwick, Inc., its assignees and successors in interest
(hereinafter referred to as the"Engineer")agrees as follows:
I. SELECTION OF LABOR
The Engineer shall comply with all Illinois statutes pertaining to the selection of labor.
II. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this contract, the Engineer agrees as follows:
A. That it will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, national origin, ancestry, age, marital status, physical or mental handicap or
unfavorable discharge from military service, and further that it will examine all job classifications
to determine if minority persons or women are underutilized and will take appropriate affirmative
action to rectify any such underutilization.
B. That, if it hires additional employees in order to perform this contract or any portion hereof, it will
determine the availability of minorities and women in the area(s) from which it may reasonably
recruit and it will hire for each job classification for which employees are hired in such a way that
minorities and women are not underutilized.
C. That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state
that all applicants will be afforded equal opportunity without discrimination because of race,color,
religion, sex, national origin, ancestry, age, marital status, physical or mental handicap or
unfavorable discharge from military service.
D. That it will send to each labor organization or representative of workers with which it has or is
bound by a collective bargaining or other agreement or understanding, a notice advising such
labor organization or representative of the Engineer's obligations under the Illinois Human Rights
Act and the Department's Rules and Regulations. If any such labor organization or representative
fails or refuses to cooperate with the Engineer in its efforts to comply with such Act and Rules and
Regulations,the Engineer will promptly so notify the Illinois Department of Human Rights and the
contracting agency and will recruit employees from other sources when necessary to fulfill its
obligations thereunder.
E. That it will submit reports as required by the Department of Human Rights,Rules and Regulations,
furnish all relevant information as may from time to time be requested by the Department or the
contracting agency, and in all respects comply with the Illinois Human Rights Act and the
Department's Rules and Regulations.
F. That it will permit access to all relevant books, records, accounts and work sites by personnel of
the contracting agency and the Illinois Department of Human Rights for purposes of investigation !i
to ascertain compliance with the Illinois Human Rights Act and the Department's Rules and
Regulations.
G. That it will include verbatim or by reference the provisions of this clause in every subcontract so
that such provisions will be binding upon every such subconsultant. In the same manner as with
other provisions of this contract, the Engineer will be liable for compliance with applicable
provisions of this clause by all its subconsultants;and further it will promptly notify the contracting
agency and the Illinois Department of Human Rights in the event any subconsultant fails or
refuses to comply therewith. In addition,the Engineer will not utilize any subconsultant declared
by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the
State of Illinois or any of its political subdivisions or municipal corporations.
•
STATE OF ILLINOIS
DRUG FREE WORKPLACE CERTIFICATION
This certification is required by the Drug Free Workplace Act(III.Rev.Stat.,ch. 127,par. 152.311). The Drug Free Workplace Act,effective
January 1, 1992, requires that no grantee or contractor shall receive a grant or be considered for the purposes of being awarded a contract for the
procurement of any property or services from the State unless that grantee or contractor has certified to the State that the grantee or contractor will
provide a drug free workplace. False certification or violation of the certification may result in sanctions including,but not limited to, suspension
of contract or grant payments,termination of the contract or grant and debarment of contracting or grant opportunities with the State for at least one
(1)year but not more than five years.
For the purpose of this certification,"grantee"or"contractor"means a corporation,partnership or other entity with twenty-five(25)ori more
employees at the time of issuing the grant,or a department,division or other unit thereof,directly responsible for the specific performanceunder
a contract or grant of$5,000 or more from the State.
1. Publishing a statement:
a. Notifying employees that the unlawful manufacture,distribution,dispensing,possession or use of a controlled substance, inciluding
cannabis, is prohibited in the grantee's or contractor's workplace.
b. Specifying the actions that will be taken against employees for violations of such prohibition.
c. Notifying the employee that,as a condition of employment on such contract or grant,the employee will:
(1) abide by the terms of the statement;and
(2) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5)days
after such conviction.
2. Establishing a drug free awareness program to inform employees about:
a. the dangers of drug abuse in the workplace;
b. the grantee's or contractor's policy of maintaining a drug free workplace;
c. any available drug counseling, rehabilitation and employee assistance programs;and
d. the penalties that may be imposed upon an employee for drug violations.
3. Providing a copy of the statement required by subparagraph 1 to each employee engaged in the performance of the contract or grant and
to post the statement in a prominent place in the workplace.
4. Notifying the contracting or granting agency within ten(10)days after receiving notice under part(2)of paragraph c of subsection 1'above
from an employee or otherwise receiving actual notice of such conviction.
5. Imposing a sanction on,or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by any employee
who is so convicted,as required by Section 5 of the Drug Free Workplace Act.
6. Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is required and indicating
that a trained referral team is in place.
7. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Aft.
THE UNDERSIGNED AFFIRMS, UNDER PENALTIES OF PERJURY, THAT HE OR SHE IS AUTHORIZED TO EXECUTE THIS
CERTIFICATION ON BEHALF OF THE DESIGNATED ORGANIZATION.
Hampton, Lenzini and Renwick, Inc.
Printed Name of Organization
Req uisition/Contract/Grant
ID Number
Signature o Authorized Representative
H. David Newkirk,President/C.E.O.
Printed Name and Title Date
Date: 23-Apr-03
CONSTRUCTION ENGINEERING NEGOTIATION MEETING
PROJECT: MCLEAN & BIG TIMBER T.S.
CLIENT : ELGIN
MEETING DATE:
IN ATTENDANCE:
Client -
ITEM DESCRIPTION
1. Calendar Days Services are to be Provided:
3 Weeks x 7 21 Days
2. Work Days Services are to be Provided
Total Days 21
Minus Sundays 3
Minus Saturdays 3
Total Weekdays Required 15
Total Saturdays Required
3. Hours Required Per Day for Construction Observation
Weekdays
Straight Time 3
Overtime
Equivalent Straight Time 3
Saturdays
Overtime
Equivalent Straight Time 0
Sheet No. -1
Date: 23-Apr-03
CONSTRUCTION ENGINEERING NEGOTIATION MEETING
PROJECT: MCLEAN & BIG TIMBER T.S.
CLIENT : ELGIN
MEETING DATE:
4. Number of Construction Observers to be Provided:
Full Time
Part Time 1
HOURS SUBTOTAL THIS ITEM 45
5. Project Engineer Time Requirements:
Project Visits Days/Week
Weekdays Hours/Day
Saturdays Hours/Day
HOURS SUBTOTAL THIS ITEM 0
6. Project Principal Time Requirements:
Weekdays 1 Hours/Week
HOURS SUBTOTAL THIS ITEM 3
7. Construction Staking Time Requirements:
3 Man Crew (Yes/No)
HOURS SUBTOTAL THIS ITEM 0
8. Preconstruction Meeting Time Requirements
Project Principal 2 Hours
Project Engineer Hours
Project Observer 2 Hours
HOURS SUBTOTAL THIS ITEM 4
9. Project Documentation Time Requirements
Daily Hours
Payment Estimates Hours/Month
Change Orders Hours/Month
Shop Drawings 0 Hours
HOURS SUBTOTAL THIS ITEM 0
10. Final Quantities Time Requirements
Field Measurement 0 Hours
Quantity Computations 0 Hours
HOURS SUBTOTAL THIS ITEM 0
Sheet No. -2
Date:23-Apr-03
CONSTRUCTION ENGINEERING NEGOTIATION MEETING
PROJECT: MCLEAN & BIG TIMBER T.S.
CLIENT : ELGIN
MEETING DATE:
11. Project Closing Documentation Time Requirements
Final Pay Estimate 8 Hours
Final Item Documentation 4 Hours
Balancing Change Order 4 Hours
Record Drawings 4 Hours
HOURS SUBTOTAL THIS ITEM 20
12. Subtotal of Above Hours 72
13. Project Administration 4
14. Conferences & Consultation 2
15. Clerical 4
16. TOTAL PROJECT MANHOURS 82
17. Quality Control: By
(Include in HLR agreement Yes X No)
Sheet No. -3
OF E-40
11 City of Elgin Agenda Item No. \N\
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June 6, 2003uCii ;: fly*
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al
FINANCIALLY STABLE CITYGC/VEFNMENT
TO: Mayor and Members of the City Council EFFKIENT SERVIC ES,
AND QUA LIT Y INFRASTRUCTURE
FROM: David M. Dorgan, City Manager/0"
Haresh Modi, Civil Engineer
SUBJECT: Engineering Services Agreement with HLR for
McLean Boulevard and Big Timber Road Traffic Signal
Modernization
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider
entering into an agreement with Hampton, Lenzini and Renwick,
Inc . (HLR) to provide engineering services for McLean Boulevard
and Big Timber Road Traffic Signal Upgrade Project .
BACKGROUND
In accordance with the City' s agreement with the Illinois
Department of Transportation, the City has bid a project to
modernize and upgrade traffic signals . The Illinois Commerce
Commission has mandated improvement to this type intersection
that it be interconnected with a railroad crossing. The upgrade
is for increasing effectiveness of the safety system to protect
motorists and pedestrians during the times when a train
approaches the intersection.
The City of Elgin retained Hampton, Lenzini and Renwick, Inc.
(HLR) , a local engineering firm, to complete preliminary design.
(The City of Elgin advertised the project and an award is on
this same agenda. ) Oversight of the modernization requires a
consultant with the expertise in signal control and
interconnection as well as with coordination with other
agencies .
Construction oversight was stipulated in the City/IDOT
agreement, but not referenced in the HLR/City Agreement .
Typically, we would amend the existing agreement for
•
ew Eng Ser - McLean/Big Timber Traffic Signal Improvements
June 6, 2003
Page 2
observation, however since IDOT is ultimately funding the
project, we are following IDOT procedure to provide observation
services .
The attached agreement with HLR is to provide the engineering
services necessary to complete documentation, part time
construction observation, prepare payments and develop record
drawings for the project to the satisfaction of the IDOT.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Illinois Commerce Commission
Illinois Department of Transportation
METRA
itefr\ FINANCIAL IMPACT
Funds for this project have been budgeted in the Riverboat Fund,
account number 275-0000-791 . 93-80, project number 339792
fek ($47, 000 budgeted with $46, 927 available) . The attached
agreement with Hampton, Lenzini and Renwick, Inc . is in the
amount of $7, 201 . 50 . Upon completion of the project, the State
will reimburse the City for all construction and engineering
costs, in accordance with the City/IDOT agreement .
VI ✓/�6EGAL IMPACT
V
None .
ALTERNATIVES
The City must provide Phase III engineering services to satisfy
the requirements of the City/IDOT agreement .
RECOMMENDATION
It is recommended that the City Council approve the agreement
with HLR for a cost not to exceed $7, 201 . 50 .
Respectfully submitted for Council consideration.
ellok HM:do
•
ATTACHMENT
HLR Agreement