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92-0422 Traffic Signals Larkin-Edison RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, 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 Hampton, Lenzini and Renwick, Inc. for engineering services for the design and specifications for the Larkin Avenue/Edison Avenue traffic signal and intersection improvements, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 22, 1992 Adopted: April 22, 1992 Omnibus Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this ,cd day of , 1992, 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 "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the preliminary design and preparation of plans and specifications for the Larkin Avenue/Edison Avenue Traffic Signal and Intersection Improvements (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 to corporate practice for rendering such services and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER 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 Director of Public Works of the CITY, hereinafter referred to as the "DIRECTOR." B. The engineering services to be provided shall consist of a Preliminary Phase, a Design Phase, including preparation of plans, specifications and bidding documents, a Bid Phase and a Construction Phase for the PROJECT. Services do not include traffic counts or land surveying services. -1- C. Preliminary Phase 1. Prepare an intersection capacity analysis using peak hour traffic counts furnished by the CITY to determine the Level of Service that can be achieved with traffic signals. 2. Meet with CITY staff to discuss the capacity analysis. D. Design Phase 1. All work hereunder shall be coordinated with the City Engineer who shall examine the plans, specifications, estimate and other documents submitted by the ENGINEER prior to their completion in order that his comments can be incorporated into the final documents. 2. Prepare plans, specifications, probable estimate of cost and bidding documents for the selected alternative. 3. Periodic conferences with City staff throughout the design phase. E. Bid Phase 1. Provide the CITY with 20 sets of plans, specifications and bidding documents. 2. Provide assistance to the CITY to obtain competitive bids and answer questions contractors may have during bidding concerning the construction of the PROJECT. Review the bids and provide a recommendation for awarding the contract. -2- F. Construction Phase 1. Interpret the technical aspects of the plans and specifications. 2. Review shop and working drawings furnished by contractors and suppliers. 3. Provide periodic observation of the work. 4. Prepare supplementary drawings and change orders as required. 5. Review estimates prepared by the Contractor for partial payment, computation of final payment and quantities and preparation of final payment estimate. 6. Provide a PROJECT observer on a full-time basis, or at least during the performance of any work which, when completed, might contain hidden defects. 7. Provide survey services for construction staking. 8. Make a final inspection of the PROJECT with the CITY for preparation of a "punch list" and deliver "record" mylar drawings to the CITY for permanent record. II. That the ENGINEER shall complete its work upon the PROJECT as set forth herein according to the following schedule: A. Preliminary Phase. Fourteen (14) days after the required peak hour intersection volumes have been furnished by the CITY. -3- B. Design Phase. Forty-five (45) days after approval of the preliminary phase, the ENGINEER shall submit plans and specifications for the CITY's review. C. Bidding Phase. Thirty (30) days after approval of design drawings and specifications. D. Construction Phase. When the PROJECT has been completed. 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 DIRECTOR 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 under paragraphs IC, ID, IE and IF (excluding IF-6), the ENGINEER shall be reimbursed at the rate of 2.81 times the direct hourly rate of personnel employed on this PROJECT, with the total fee not to exceed seventeen thousand four hundred sixty dollars ($17,460.00), regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the DIRECTOR. B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER plus 5%. -4- C. For reproduction expenses beyond those established under paragraph IE, the CITY shall reimburse the ENGINEER at his actual cost. D. For computer-aided design and drafting time required for the PROJECT, the CITY will reimburse the ENGINEER at the rate of $20.00 per hour of computer log-on time. E. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt of invoice. Said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. Preliminary Phase $ 700 Design Phase $11,340 Bid Phase $ 535 Construction Phase $ 4,885 TOTAL $17,460 F. For Services Provided Under Paragraph I.F.6. If the CITY requests this service to be provided, the ENGINEER shall be reimbursed at the rate of 2.81 times the direct hourly rates of the personnel involved for the actual time spent. No additional payment will be made for travel, subsistence, equipment or other costs incurred. G. ENGINEER's Invoices. The ENGINEER shall submit invoices in a format approved by the CITY. Invoices may be submitted on completion of the Preliminary Engineering Phase, on completion of the Design Phase, and on completion of the Bid Phase. Monthly invoices may be submitted during the Construction Phase. -5- H. Audit and Inspection of Records. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the authorized representative of the CITY to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. V. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon thirty (30) 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 phase amounts set forth under Paragraph IV.E above. VI. TERM This Agreement shall become effective as of the date the ENGINEER is given a written Notice to Proceed and, unless terminated for cause or pursuant to Article V foregoing, shall expire on the date the DIRECTOR 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. VII. 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 DIRECTOR relative -6- to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. VIII. 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 thirty (30) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. IX. INDEMNIFICATION A. 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 Workmen's Compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligent actions or omissions of employees or agents of the ENGINEER arising out of the performance of professional services. B. The CITY shall require the Contractor to indemnify and hold harmless both the CITY 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 CITY, ENGINEER, ENGINEER'S SUBCONSULTANTS 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 (including -7- specifically claims arising under the Illinois Structural Work Act), 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' or workmen's compensation acts, disability benefit acts or other employee benefit acts." C. The CITY shall require the Contractor to name both the CITY 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 CITY and the ENGINEER will be named as additional insureds on the Contractor's Commercial General Liability insurance policy. The additional insured endorsement included on the -8- Contractor's Commercial General Liability policy will provide the following: (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. X. NO PERSONAL LIABILITY No official, director, officer, agent or employee of either party shall be charged personally or held contractually liable by or to the other party under any term or provision of this Agreement or because of its or their execution, approval or attempted execution of this Agreement. XI. 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 DIRECTOR 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 DIRECTOR. The Certificate of Insurance which shall include Contractual Liability Insurance for the contractual obligation assumed by -9- the ENGINEER under Article IX entitled "Indemnification" shall be provided. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non- owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a $1,000,000 aggregate. D. Professional Liability. The ENGINEER shall carry Engineer's Professional Liability Insurance covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $250,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. XII. 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 Work, since these are solely the Contractor's responsibility under the Contract for Construction. XIII. 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 -10- physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. XIV. 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. XV. 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. XVI. 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 co-partners between the CITY and the ENGINEER, or as constituting -11- the ENGINEER as the general representative or general agent of the CITY for any purpose whatsoever. XVII. 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. XVIII. 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. XIX. MODIFICATION OR AMENDMENT This Agreement constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. XX. 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. XXI. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the -12- DIRECTOR prior to said documentation becoming matters of public record. XXII. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. XXIII. 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: JAMES L. KRISTIANSEN Director of Public Works City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: R.E. LENZINI, President Hampton, Lenzini and Renwick, Inc. 380 Shepard Drive Elgin, Illinois 60123-7010 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. -13- XV. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. -14- 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 B City Clerk City ager (SEAL) For the ENGINEER: Dated this day of 4P// , A.D., 1992. ATTEST: HAMPTON, LENZINI AND RENWICK, INC. ✓r, _/ - By 1S By � `.'• �/ Secretary Pr:rdent (SEAL) -15- • in ; f� Agenda Item No. ��q[D FEg1 • April 2, 1992 MEMORANDUM TO: Mayor and Members of the City Council FROM: Larry L. Rice, City Manager SUBJECT: Intersection Improvements - Larkin/Edison Traffic Signals PURPOSE: This memorandum will provide the Mayor and Council with information related to the proposed signalization of the subject intersection. !A` BACKGROUND: There are monies in the 1992 Budget for the improvement of an intersection which could be geometrics and/or traffic signals. The highest priority intersection that has been identified which meets warrants for traffic signals is the intersection of Larkin and Edison Avenues. Prior to just going out and placing traffic signals any place at the intersection, a capacity analysis would be completed which will tell us the level of service (number of vehicles through the intersection) we can expect with the traffic signals in place. It will also tell us if left turn lanes are necessary and how much storage (length) the lanes would need. We have contacted the firm of Hampton, Lenzini and Renwick Inc. (HL&R) of Elgin for an agreement to provide the engineering services to perform the capacity analysis, prepare the plans, specifications and bid documents, plus construction guidance as necessary to assure us that the installation of the traffic signals are in accordance with the plan. A copy of their agreement is attached for your consideration. Mayor and Members of the City Council April 2, 1992 Page 2 FINANCIAL IMPACT: There is in the 1992 Budget $125 ,000 for the intersection improvement which will cover the cost of construction and engineering. The engineering agreement is split into four phases for work and cost purposes and are: Capacity Analysis, $700; Design, $11,340; Bid Documents, $535; and Construction Guidance, $4,885 . The total cost of the first three phases is $12,575 to complete the plans, specifications and bid documents . Adding the construction phase brings the total cost for engineering services to $17,460 . RECOMMENDATION: It is recommended that the City Council authorize execution of the agreement for engineering services with Hampton Lenzini and Renwick, Inc. for the traffic signals at the intersection of Larkin and Edison Avenues in the amount of $17,460 and direct the staff to prepare the necessary resolution. . i i laI ! Lar . . ._. City Manager do Attachment