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HomeMy WebLinkAbout26-0326 Hampton, Lenzini, and Renwick, Inc AGREEMENT THIS AGREEMENT("Agreement")is made and entered into this 26 day of Alaroi 2026,by and between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to as "CITY") and Hampton, Lenzini and Renwick, Inc. _ (hereinafter referred to as "CONSULTANT"). WHEREAS, the CITY desires to engage the CONSULTANT to furnish certain professional services in connection with Elgin Centre Streetscape Survey (hereinafter referred to as the"PROJECT"); and WHEREAS, the CONSULTANT represents that it 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 CONSULTANT that the CITY does hereby retain the CONSULTANT for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to perform the services relating to 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 Parks and Facilities Superintendent, of the CITY, herein after referred to as the "SUPERINTENDENT'. B. The scope of the services is to provide a topographic survey of the following locations: • Symphony Way (N Grove Ave—Douglas Ave, — 750 ft) • N Grove Ave (Symphony Way—Kimball St, —450 ft) • Phase 2 Highlighted Area(226 N Grove Ave Parking lot& the empty lot just south,—3.75 acres) C. A detailed Scope of Services for the PROJECT is attached hereto as Attachment A, and incorporated into this Agreement by this reference. 2. PROGRESS REPORTS A. A detailed project schedule for the PROJECT is included as Attachment B,attached hereto and incorporated into this Agreement by this reference. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in 2.B below. B. The CONSULTANT will submit to the SUPERINTENDENT monthly a status report keyed to the project schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. 3. WORK PRODUCT All work product prepared by the CONSULTANT 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 SUPERINTENDENT; provided, however, that the CONSULTANT may retain copies of such work product for its records. CONSULTANT's execution of this Agreement shall constitute CONSULTANT's conveyance and assignment of all right,title and interest, including but not limited to any copyright interest, by the CONSULTANT to the CITY of all such work product prepared by the CONSULTANT pursuant to this Agreement. The CITY shall have the right either on its own or through such other consultants 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 CONSULTANT. 4. PAYMENTS TO THE CONSULTANT A. The CITY shall reimburse the CONSULTANT for services under this Agreement not to exceed Fifteen Thousand and Ten Dollars ($15,010.00) regardless of actual Costs incurred by the CONSULTANT unless substantial modifications to the PROJECT are authorized in writing by the SUPERINTENDENT. B. For outside services provided by other firms or subcontractors, the CITY shall pay the CONSULTANT the invoiced fee to the CONSULTANT. The costs for any such outside services are included within the total not to exceed amount provided for in paragraph 4A above. C. Reimbursable expenses shall include postage, printing of drawings, and mileage reimbursement. The costs of any such reimbursable expenses are not included within the total lump sum amount provided for in paragraph 4.A above and shall be invoiced separately by the CONSULTANT at CONSULTANT's direct cost. Mileage reimbursement will be at current IRS rates. The total costs of any such reimbursable expenses shall not exceed the total amount of$1000.00, regardless of the actual costs incurred by the CONSULTANT. D. The CITY shall make periodic payments to the CONSULTANT based upon actual progress within thirty (30) days after receipt and approval of invoice. Said periodic payments to the CONSULTANT 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 SUPERINTENDENT. Employee Classification Project PhaselTask Direct Hours Foe E6 T3 SUR1 Casts 1 SURVEY AND LAND ACQUISITION SERVICES Set Control 20 20 $ 2,700.00 •Survey(Scanned) t 0 $ Site/Route Scanning B ` 8 $ 1,080.00 Manhole Inspection Survey 24 24 $ 3,240.00 Utility Locate 4 4 $ 540.00 -� Process Survey Data 0 $ -- - Process Scanned Data to Readab)e Format 4 4 $ 540.00 Extract scan data(Feature Extraction) 20 ' 20 $ 3.600 00 Create Existing Terrain Model 2 2 $ 360.00 Manhole Inspection Data Processing 10 10 = 1,600.00 o $2 PRELIMINARY ENGINEERING SERVICES _- 0 $ - 3 DESIGN ENGINEERING SERVICES(Sito and Roadway) .1111111.11111=1 ° $ 4 STRUCTURAL ENGINEERING SERVICES 0 $ - 6 DRAINAGE ENGINEERING SERVICES O $ - 6 TRAFFIC ENGINEERING SERVICES O $ - 7 CONSTRUCTION ENGINEERING SERVICES O $ - 8 ENVIRONMENTAL SERVICES O $ - 9 GEOGRAPHIC INFORMATION SYSTEM(GIS)SERVICES O $ - 10 WATER/WASTEWATER ENGINEERING SERVICES 0 $ - 11 PERMITTING O $ 12 CONSULTATION AND COORDINATION 0 - 13 QUALITY ASSURANCE AND PROJECT ADMINISTRATION Qriahty Assurance and Quality Control I 0 - Survey QAQC 2 2 $ 460.00 froµ ca Administration 3 1 1 3 I $ 690.00 O Is TOTALS 5 32 60 97 $ 15,010.00 5. INVOICES A. The CONSULTANT shall submit invoices in a format approved by the CITY. Progress reports (2B above) will be included with all payment requests. B. The CONSULTANT shall maintain records showing actual time devoted and cost incurred. The CONSULTANT shall permit the authorized representative of the CITY to inspect and audit all data and records of the CONSULTANT for work done under this Agreement. The CONSULTANT shall make these records available at reasonable times during the Agreement period and for one(1)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 CONSULTANT. In the event that this Agreement is so terminated,the CONSULTANT 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 CONSULTANT is given a notice to proceed and, unless terminated for cause or pursuant to Paragraph 6, shall be deemed concluded on the date the CITY determines that all of the CONSULTANT'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 this Agreement. 8. NOTICE OF CLAIM If the CONSULTANT wishes to make a claim for additional compensation as a result of action taken by the CITY,the CONSULTANT shall give written notice of his claim within fifteen (15) days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the CONSULTANT's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the CONSULTANT. Regardless of the decision of the SUPERINTENDENT relative to a claim submitted by the CONSULTANT, all work required under this Agreement as determined by the SUPERINTENDENT 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 CONSULTANT pursuant to Paragraph 4 hereof, no action shall be commenced by the CONSULTANT against the CITY for monetary damages. CONSULTANT hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the Local Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The parties hereto further agree that any action by the CONSULTANT 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, CONSULTANT agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or other relief, including, but not limited to, workers' compensation claims, in any way resulting from or arising out of negligent actions or omissions of the CONSULTANT in connection herewith, including negligence or omissions of employees or agents of the CONSULTANT 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, completion 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 CONSULTANT shall provide,maintain and pay for during the term of this Agreement the following types and amounts of insurance: A. Comprehensive Liability. 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 CONSULTANT shall deliver to the SUPERINTENDENT 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 SUPERINTENDENT. The Certificate of Insurance shall include the contractual obligation assumed by the CONSULTANT under Paragraph 10 entitled "Indemnification". This insurance shall be primary and non-contributory 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. 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 bodily injury and/or property damage. 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 CONSULTANT shall carry CONSULTANT'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 claim. A Certificate of Insurance shall be submitted to the SUPERINTENDENT as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the SUPERINTENDENT. 13. CONSTRUCTION MEANS, METHODS,TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The CONSULTANT 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/AFFIRMATIVE ACTION The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation,or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. Consultant shall take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the City a written commitment to comply with those provisions. Consultant shall distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. Consultant agrees that the provisions of Section 5.02.040 of the Elgin Municipal Code, 1976,as amended, is hereby incorporated by reference,as if set out verbatim. 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 race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service. Any violation of this paragraph 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 CONSULTANT shall remain liable to the CITY with respect to each and every item,condition and other provision hereof to the same extent that the CONSULTANT 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 agree 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 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. 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 CONSULTANT may not issue any news releases without prior approval from the SUPERINTENDENT, nor will the CONSULTANT make public proposals developed under this Agreement without prior written approval from the SUPERINTENDENT prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS The CONSULTANT shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The CONSULTANT 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 CONSULTANT 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 CONSULTANT to the Department of Human Rights upon request (775 ILCS 5/2-105). 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, CONSULTANT 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 CONSULTANT to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The SUPERINTENDENT may also require other recommendations and communications by the CONSULTANT 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 the CITY: Greg Hulke Parks and Facilities Superintendent City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to the CONSULTANT: Randal G. Newkirk, PE Hampton, Lenzini and Renwick, Inc. 1707 N. Randall Road Suite 100 Elgin, IL 60123 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 CONSULTANT 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, CONSULTANT hereby certifies, represents and warrants to the CITY that all CONSULTANT's employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legally authorized to work in the United States. CONSULTANT 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 CONSULTANT to determine CONSULTANT's compliance with the provisions of this paragraph. In the event the CITY proceeds with such an audit the CONSULTANT shall make available to the CITY the CONSULTANT's relevant records at no cost to the CITY. CONSULTANT shall pay any and all costs associated with any such audit. 30. COUNTERPARTS AND EXECUTION This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. This Agreement may be executed electronically,and any signed copy of this Agreement transmitted by facsimile machine or email shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine or email shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement effective as of the date and year first written above. CITY • /' By:( G. Kozal, Cit anagerel/ Atte t: ity C erk CONSULTANT: Hampton, Lenzini and Renwick, Inc. By: /' 12y/� Name/Print: Randal G. Newkirk Title: Vice President/ Corporate Secretary I..I I 'A .k r•Mgrecnrcniq II.R To,.r®aphk srrrxel{entre Srrexrxxary Semis Agr 1.14/.:6.;k+n J.wx ATTACHMENT A SCOPE OF SERVICES SCOPE OF SERVICES The Client and Consultant have agreed to a list of Basic Services the Consultant will provide to the Client: Understanding of the Project-Hampton,Lenzini and Renwick,Inc.(HLR)has prepared this Scope of Work for survey services based on the following: • Symphony Way(N Grove Ave—Douglas Ave,—750 ft) • N Grove Ave(Symphony Way—Kimball St,—450 ft) • Phase 2 Highlighted Area(226 N Grove Ave Parking lot&the empty lot just south,—3.75 acres) TASK 1: SURVEY AND LAND ACQUISITION SERVICES A. Topographic Survey I. Control Points—Set— 9 control points/ benchmarks. Control will be horizontally located with GPS on NAD 83 IL East State plane coordinates.A digital level loop will be completed through the control&benchmarks;elevations will be based on NAVD 88 datum holding one of the GPS control points. II. Topographic Survey — Topo of the area will be completed with a ground-based scanner/LIDAR and features will be extracted on a 50 foot cross section interval perpendicular to the street the cross section is on, at driveways,and all other grade controlling features.Limits are 10 feet past all improvements highlighted in received pdfon 20260220"The Center Streetscape Concepts Phase 1 and Phase 2". III. Typical hard surface items such as curb and gutters,sidewalks,trees,signs,drainage structures, driveway culverts, driveways and building faces will be collected and defined in the topographic survey.This scope does not include performing the topo work during snow on the ground periods of the year.Utilities—Visible utilities will be located within the project limits. Utility location will consist of ASCE standard 38-02 Level QL-C Data. This utility survey will collect invert directions and elevations on storm sewer, water main, and sanitary sewer structures within the project area and one structure away allowing pipe elevations to be interpolated within the project location. If the one structure out is located on private property, contact information and access will be coordinated and provided by the client. The utility locate shots will also be used as verification points for the ground-based LIDAR scan data.Manhole lids that are not able to be opened with a manhole pick,and structures/culverts full of debris or clogged will be reported to the client.It will be the client's responsibility to coordinate with the utility provider for opening and or cleaning before data can be collected. Individual homeowner notification is not part of this scope. JULIE coordination is not part of this scope. IV. Data deliverables—Features extraction linework on 50-foot cross section intervals perpendicular to the street,and surface file will be delivered in a.dgn format utilizing IDOT layers and codes.Point cloud data will be delivered in a.las file. B. If agreed to in writing by the Client and Consultant,Additional Services shall be provided and shall be labeled as Attachment C,appended hereto. C. Services not set forth above as Basic Services and not listed in Attachment A of this Agreement are specifically excluded from the scope of the Consultant's services.The Consultant assumes no responsibility to perform any services not specifically listed in Attachment A. RESPONSIBILITIES OF CLIENT It is the Consultant's understanding that the Client will provide the following assistance,information,and related materials relative to the above-described project: • Strip diagonal on-street parking for a maximum of two hours first thing in the morning to collect data in this area. Information Provided by Others The Client shall furnish,at the Client's expense,all information, requirements,reports,data,surveys,and instructions required by this Agreement.The Consultant may use such information,requirements,reports, data, surveys, and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. COMPENSATION Billing Terms For our services we will be compensated at the following hourly rates which will be considered payment in full to Hampton, Lenzini and Renwick, Inc. for actual employee time utilized to provide the required services, said rates include overhead and burden costs plus profit. Other out-of-pocket expenses will be reimbursed at our actual cost. Employee Classification 2026 Rates PRINCIPAL $245.00 ENGINEER 6 $230.00 ENGINEER 5 $215.00 ENGINEER 4 $200.00 ENGINEER 3 $185.00 ENGINEER 2 $155.00 ENGINEER 1 $140.00 STRUCTURAL 2 $250.00 STRUCTURAL 1 $215.00 TECHNICIAN 3 $180.00 TECHNICIAN 2 $145.00 TECHNICIAN 1 $120.00 INTERN/TEMPORARY $80.00 LAND ACQUISITION $185.00 SURVEY 2 $190.00 SURVEY I $135.00 ENVIRONMENTAL 3 $200.00 ENVIRONMENTAL 2 $155.00 ENVIRONMENTAL 1 $120.00 ADMINISTRATION 2 $160.00 ADMINISTRATION I $105.00 These rates will remain in effect through December 31,2026. In the event our services are required after that date,we will submit revised rates to be utilized through December 31,2027. At this time,we estimate the cost of our services will not exceed$15,010.00.Any additional services required beyond those set forth above will be charged at the rates stated above and be considered an addition to the not-to- exceed cost. In ', - ' 1., 401 ;� . . f . 1 iii 411; I ' lk Y , f04 — POO ' II • a-4T' - 1 c 1, ♦ 1 46 ' ' \1/4 * 1 :, 11."" * ! M eitirew • . i - iit.,W. , i 1 1% \ Ns -,tee ATTACHMENT B PROJECT SCHEDULE The project is to start upon agreement approval, weather permitting, with substantial completion by May l S`, 2026.