02-371 Resolution No. 02-371
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
HAMPTON, LENZINI & RENWICK, INC. FOR THE
SHALES PARKWAY STREET LIGHTING DESIGN
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Olufemi Folarin, Interim 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 & Renwick, Inc . for the Shales Parkway Street Lighting
Design, a copy of which is attached hereto and made a part hereof
by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: December 4 , 2002
Adopted: December 4 , 2002
Omnibus Vote : Yeas : 7 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
THIS AGREEMENT, made and entered into this / day of „X4, 2002,by and
between the CITY OF ELGIN, an Illinois municipal corporation(hereinafter referred to as
"CITY") and Hampton, Lenzini, & Renwick, Inc. (hereinafter referred to as "ENGINEER").
WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional
services in connection with Shales Parkway Street Lighting Design (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, for and in consideration of the mutual undertakings as set forth herein,
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the City and the ENGINEER agree that the City does hereby retain the
ENGINEER to act for and represent the City in the engineering matters involved in the Project as
set forth herein subject to the following terms conditions and stipulations, to wit:
1. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the Director of Public
Works of the CITY, herein after referred to as the "DIRECTOR".
B. The services provided by the Engineer are outlined as follows:
1. Project Start Up
2. Photometric Analysis
3. Light Standards Development
4. Plans and Specifications for Shales Pkwy. US 20 and IL 19
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C. A detailed Scope of Services is attached hereto as Attachment A and an estimate of
effort and costs are included in Attachment B.
2. STATUS REPORTS
A. The estimated start date is December 9, 2002,with bidding anticipated to occur by
May 1, 2003. The estimated substantial completion of the construction to be designed
is September 15, 2003.
B. The Engineer will submit to the Director monthly a Status Report keyed to the Project
Schedule. A brief narrative will be provided identifying progress, findings and
outstanding issues.
3. WORK PRODUCTS
All work products prepared by the ENGINEER pursuant hereto including, but not
limited too, 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.
4. PAYMENTS TO THE ENGINEER(Not To Exceed Method)
A. For services provided the ENGINEER shall be reimbursed at the rate of 1.0 times
the direct hourly rate of personnel employed on this PROJECT,with the total fee not to
exceed $30,875.20 regardless of the actual costs incurred by the ENGINEER unless
substantial modifications to the scope of the work are authorized in writing by the CITY.
B. For outside services provided by other firms or subconsultants,the CITY shall pay the
ENGINEER the invoiced fee to the ENGINEER, plus 5% . Any such fees are included
in the above referred amount of$30,875.20.
C. Total Direct Labor $29,624.00
In-house direct expense $1,251.20
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Total Engineering Effort $30,875.20
D. The CITY shall make periodic payments to the ENGINEER based upon actual
progress within 30 days after receipt and approval of invoice.
5. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the CITY.
Status reports (2B above)will be included with all payment requests.
B. The ENGINEER shall maintain records showing actual time devoted and
cost incurred. The ENGINEER shall permit the authorized representative of the
CITY to inspect and audit all data and records of the ENGINEER for work done
under this Agreement. The ENGINEER shall make these records available at
reasonable times during the Agreement period, and for a year after termination of this
Agreement.
6. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof, the CITY may terminate this Agreement
at any time upon fifteen (15) days prior written notice to the ENGINEER. In the event
that this Agreement is so terminated, the ENGINEER shall be paid for services
actually performed and reimbursable expenses actually incurred prior to termination,
except that reimbursement shall not exceed the task amounts set forth under
Paragraph IV above.
7. TERM
This Agreement shall become effective as of the date the ENGINEER is given a
notice to proceed and, unless terminated for cause or pursuant to Article V, shall be
deemed concluded on the date the CITY determines that all of the ENGINEER's
work under this agreement is completed. A determination of completion shall not
constitute a waiver of any rights or claims which the CITY may have or thereafter
acquire with respect to any term or provision of the Agreement.
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8. NOTICE OF CLAIM
If the ENGINEER wishes to make a claim for additional compensation as a
result of action taken by the CITY, the ENGINEER shall give written notice of his
claim within 15 days after occurrence of such action. No claim for additional
compensation shall be valid unless so made. Any changes in the ENGINEER's fee
shall be valid only to the extent that such changes are included in writing signed by
the CITY and the ENGINEER. Regardless of the decision of the CITY relative to a
claim submitted by the ENGINEER, all work required under this Agreement as
determined by the CITY 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.
10. INDEMNIFICATION
To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify,
defend and hold harmless the CITY, its officers, employees, agents, boards and
commissions from and against any and all claims, suits,judgments, costs, damages or
other relief, including but not limited to workers' compensation claims, in any way
resulting from or arising out of negligent actions or omissions of the ENGINEER in
connection herewith, including negligence or omissions of employees or agents of the
ENGINEER arising out of the performance of this Agreement. In the event of any
action against the CITY, its officers, employees, agents, boards or commissions,
covered by the foregoing duty to indemnify, defend and hold harmless such action
shall be defended by legal counsel of the CITY's choosing.
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.
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12. INSURANCE
A. Comprehensive Liability. The ENGINEER shall provide,pay for and
maintain in effect, during the term of this Agreement, a policy of comprehensive
general liability insurance written in occurrence form 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 Certification of Insurance
naming the CITY AS ADDITIONAL INSURED. The policy shall not be
modified or terminated without thirty (30) days prior written notice to the
DIRECTOR.
The Certificate of Insurance which shall include Contractual obligation
assumed by the ENGINEER under Article X entitled "Indemnification" shall be
provided.
This insurance shall apply as primary insurance with respect to any other
insurance or self-insurance programs afforded to the CITY. There shall be no
endorsement or modification of this insurance to make it excess over other
available insurance, alternatively, if the insurance states that it is excess or
prorate, it shall be endorsed to be primary with respect to the CITY.
B. Comprehensive Automobile Liability. Comprehensive Automobile
Liability Insurance written in occurrence form 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 DIRECTOR as
evidence of insurance protection. The policy shall not be modified or terminated
without thirty(30) days prior written notice to the DIRECTOR.
13. CONSTRUCTION MEANS,METHODS, TECHNIQUES, SEQUENCES,
PROCEDURES AND SAFETY
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The ENGINEER shall not have control over or charge of and shall not be
responsible for construction means, methods, techniques, sequences or procedures, or
for safety precautions and programs in connection with the construction, unless
specifically identified in the Scope of Services.
14. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement,
there shall be no discrimination against any employee or applicant for employment
because of sex, age, race, color, creed, national origin, marital status, of the presence
of any sensory, mental or physical handicap, unless based upon a bona fide
occupational qualification, and this requirement shall apply to,but not be limited to,
the following: employment advertising, layoff or termination, rates of pay or other
forms of compensation and selection for training, including apprenticeship.
No person shall be denied or subjected to discrimination in receipt of the benefit
of any services or activities made possible by or resulting from this Agreement on the
grounds of sex, race, color, creed, national origin, age except minimum age and
retirement provisions, marital status or the presence of any sensory, mental or
physical handicap. Any violation of this provision shall be considered a violation of a
material provision of this Agreement and shall be grounds for cancellation,
termination or suspension, in whole or in part, of the Agreement by the CITY.
15. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the
successors and the assigns of the parties hereto; provided, however, that no
assignment shall be made without the prior written consent of the CITY.
16. DELEGATIONS AND SUBCONTRACTORS
Any assignment, delegation or subcontracting shall be subject to all the terms,
conditions and other provisions of this Agreement and the ENGINEER shall remain
liable to the CITY with respect to each and every item, condition and other provision
hereof to the same extent that the ENGINEER would have been obligated if it had
done the work itself and no assignment, delegation or subcontract had been made.
Any proposed subcontractor shall require the CITY's advanced written approval.
17. NO CO-PARTNERSHIP OR AGENCY
This agreement shall not be construed so as to create a partnership,joint venture,
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employment or other agency relationship between the parties hereto.
18. SEVERABILITY
The parties intend and agreed that, if any paragraph, sub-paragraph, phrase,
clause or other provision of this Agreement, or any portion thereof, shall be held to be
void or otherwise unenforceable, all other portions of this Agreement shall remain in
full force and effect.
19. HEADINGS
The headings of the several paragraphs of this Agreement are inserted only as
a matter of convenience and for reference and in no way are they intended to define,
limit or describe the scope of intent of any provision of this Agreement, nor shall they
be construed to affect in any manner the terms and provisions hereof or the
interpretation or construction thereof.
20. MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes the entire Agreement of the
parties on the subject matter hereof and may not be changed,modified, discharged or
extended except by written amendment duly executed by the parties. Each party
agrees that no representations or warranties shall be binding upon the other party
unless expressed in writing herein or in a duly executed amendment hereof, or change
order as herein provided.
21. APPLICABLE LAW
This Agreement shall be deemed to have been made in, and shall be construed
in accordance with the laws of the State of Illinois. Venue for the resolution of any
disputes or the enforcement of any rights pursuant to this agreement shall be in the
Circuit Court of Kane County, Illinois.
22. NEWS RELEASES
The ENGINEER may not issue any news releases without prior approval from
the DIRECTOR, nor will the ENGINEER make public proposals developed under
this Agreement without prior written approval from the DIRECTOR prior to said
documentation becoming matters of public record.
23. COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants in the CITY's
employ or any work associated with the PROJECT.
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24. INTERFERENCE WITH PUBLIC CONTRACTING
The ENGINEER certifies hereby that it is not barred from bidding on this
contract as a result of a violation of 720 ILCS 5/33E et seq. Or any similar state or
federal statute regarding bid rigging.
25. SEXUAL HARASSMENT
As a condition of this contract, the ENGINEER shall have written sexual harassment
policies that include, at a minimum, the following information:
A. the illegality of sexual harassment;
B. the definition of sexual harassment under state law;
C. a description of sexual harassment, utilizing examples;
D. the vendor's internal complaint process including penalties;
E. the legal recourse, investigative and complaint process available through the
Illinois Department of Human Rights, and the Illinois Human Rights
Commission;
F. directions on how to contact the department and commission;
G. protection against retaliation as provided by Section 6-101 of the Human Rights
Act.
A copy of the policies must be provided to the Department of Human Rights upon
request 775 ILCS 5/2-105. -
26. 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.
27. 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
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follows:
A. As to CITY:
JOHN LOETE, P.E.
Director of Public Works
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER:
DOUGLAS F. PAULUS, P. E.
Hampton, Lenzini, & Renwick, Inc.
380 Shepard Dr.
Elgin, IL 60123
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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 ni?.cty. Bye `►� - --City Clerk City` anage
(SEAL)
For the ENGINEER:
Dated this/1/4 day of /VC2 Ve.4.14 , A.D., 2002.
ATTEST:
B By
/ cretary 1,President
(SEAL)
June 2002
Std Agmt
ATTACHMENT A
City of Elgin
Shales Pkwy. Street Lighting Design
Project Approach—Design(taken from HLR's response to the RFP)
• Provide the City with the overall design,plans, specifications, and bid documents for the
installation of street lighting along Shales Pkwy. from US 20 to Chicago St(IL 19).
Develop a lighting design for Shales Pkwy. that starts with the standard developed for
Big Timber Rd. and performs the photometric calculation on the existing lighting on
Shales Pkwy. north of IL 19 to document the current level. From this comparison a
recommendation to the City will be made on the lighting level for the subject portion of
roadway. The lighting design will involve consideration of visibility, economics,
esthetics, safety and environmental conditions.
• Procure existing street plans. Contact utilities about their existing utility locations, and
check with ComEd regarding power sources for controller locations.
• Meet with City staff to discuss their requirements for the lighting along Shales Pkwy.
• Finalize preliminary plans and meet with City staff to resolve outstanding issues.
• Complete pre-final plans, specifications, and estimate of cost, and coordinate with City
staff.
• Note that we have included two submittals to the City for review, one at 60% design, and
one at pre-final stage. We anticipate comments at the pre-final stage will be minor and
not require a final review submittal.
• Provide final plans, specifications, estimate of cost to the City for bidding purposes.
Assist the City in evaluating the bidders and recommend the contractor with the lowest
responsible bid.
• Plans, specifications, and bid documents will be completed by or before April 1, 2003,
with the construction bid opening not later than May 1, 2003.
• No services by others are anticipated for the design portion of this contract.
ATTACHMENT B: FEE PROPOSAL
SHALES PARKWAY STREET-LIGHTING DESIGN
Manpower Cost
Supplemental Topographic Survey
and Cross Sections T6 16 hours @ $72.00 $ 1,152.00
T3 16 hours @ 49.00 784.00
Data Transfer T7 1 hour @ 79.50 79.50
Plot Topography T4 60 hours @ 55.00 3,300.00
Street Light Design PR 4 hours @ 122.50 490.00
E5 120 hours @ 80.50 9,660.00
Miscellaneous Design E5 16 hours @ 80.50 1,288.00
Final Plan Drafting T4 60 hours @ 55.00 3,300.00
Final Miscellaneous Drafting T4 16 hours @ 55.00 880.00
Plan Quantities E5 16 hours @ 80.50 1,288.00
Estimate of Cost E5 5 hours @ 80.50 402.50
Specifications E5 16 hours @ 80.50 1,288.00
Office Review PR 12 hours @ 122.50 1,470.00
Printing and Binding T3 4 hours @ 49.00 196.00
Typing C2 16 hours @ 59.50 952.00
Consultation and Coordination PR 8 hours @ 122.50 980.00
E5 8 hours @ 80.50 644.00
Project Administration PR 12 hours @ 122.50 1,470.00
Total Manpower Cost $29,624.00
In-House Direct Cost
CADD Time 136 hours @ 9.20 1,251.20
Total Engineering Cost $30,875.20
HAMPTON, LENZINI AND RENWICK, INC.
HOURLY RATES
A .
Grade Classification 2002-B
of Employee Hourly Rate
Principal $122.50
Engineer 8 110.20
Engineer 7 96.00
Engineer 6 93.00
Engineer 5 80.50
Engineer 4 77.00
Engineer 3 71.20
Engineer 2 67.00
Engineer 1 61.00
Technician 7 79.50
Technician 6 72.00
Technician 5 62.80
Technician 4 55.00
Technician 3 49.00
Technician 2 44.00
Technician 1 39.00
Clerical 2 59.50
Clerical 1 41.50
Accountant 57.00
OF f<
(t).) City of Elgin Agenda Item No.
{nnti\ L O
Er
November 15, 2002
G 1J;,:
3
TO: Mayor and Members of the City Council N 1
FINANCIALLY STABLE CITYGONEPNMENT
FROM: Olufemi Folarin, Interim City ManagerANDODUALITQY INFRASTRUCTURE
SUBJECT: Engineering Services Agreement for Shales Parkway
Street Lighting Design
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 complete the engineering design and bidding for the
Shales Parkway Street Light Project .
BACKGROUND
Included in the 2002 Budget is an annual allocation of funds for
a project to install street lights on collector/arterial streets
throughout the City. This funding is included in the contract
portion ($100, 000) of the 2002 Neighborhood Street Light Program
($120, 000) . Funding from the 2000 and 2001 programs was used to
design and construct the project finished this year, which
installed lighting along Big Timber Rd. from IL 31 to McLean
Boulevard. The current project will provide for the installation
of streets lighting on Shales Parkway from US 20 to Chicago
Street (IL 19) . The total project budget is anticipated to be
$200, 000, with the balance coming from the 2003 Annual Street
Lighting Program ($100, 000) . The Engineering Services Agreement
(attached) will provide for the design engineering, contract
documents and bidding assistance necessary to award a
construction contract for the subject project.
Request for proposals were sent to eight firms, with proposals
being received on October 21, 2002 from five firms :
4 Crawford, Murphy, & Tilly
-4Hampton, Lenzini & Renwick
-> Burns & McDonnell
-� Ciorba Group
''-
elm, Engineering Services Agreement for Shales Pkwy Street Lighting
November 15, 2002
Page 2
4 Peter F. Oleson and Associates
A staff Selection Committee reviewed the five proposals and
selected HLR as the top-rated firm. A copy of the results of
the selection process is attached as Exhibit A. Upon selection,
HLR met with staff to finalize the project scope and negotiate
their fee. The final negotiated fee is $30, 875 .20 . A copy of
the proposed agreement is attached as Exhibit B.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
9111CFINANCIAL IMPACT
The agreement with HLR will total
g $30, 875 .20 . Moneys are
budgeted and available in account number 275-0000-791 . 92-36,
project number 339777, Shales Parkway Street Lights, in the
amount of $105, 000 . 00 . These funds were transferred from the
2002 Neighborhood Street Light Program, account number 275-0000-
791 . 92-36, project number 339549 . Sufficient funds are available
to enter into this agreement .
LE IMPACT
\4k////
None
ALTERNATIVES
1. Enter into an engineering services agreement with HLR, to
complete design engineering for the Shales Parkway Street
Light Project .
2 . Do not enter into an agreement for the Shales Parkway
Street Light Project .
r
Engineering Services Agreement for Shales Pkwy Street Lighting
November 15, 2002
Page 3
RECOMMENDATION
It is recommended that City Council authorize the Interim City
Manager to execute an agreement with Hampton, Lenzini, &
Renwick, Inc. in the not-to-exceed amount of $30, 875 .20 .
Respectfully submitted,
4t164...
Olufemi F aYin
Inter' y ger
JML:cab
Attachments