04-100 Resolution No.04-100
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
HAMPTON, LENZINI AND RENWICK, INC. FOR THE CENTRAL BUSINESS DISTRICT
TRAFFIC SIGNAL UPGRADE PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that
David M.Dorgan,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 the central business district traffic signal upgrade project,a copy of which is attached hereto
and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: April 28, 2004
Adopted: April 28, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
THIS AGREEMENT,made and entered into this,day of A P R L ,by and
between the CITY OF ELGIN, an Illinois municipal corporation(hereinafter referred to as
"CITY") and Hampton, Lenzini and Renwick, Inc., a State of Illinois Professional Design Firm:
Professional and Structural Engineering Corporation(hereinafter referred to as "ENGINEER").
WHEREAS,the CITY desires to engage the ENGINEER to furnish certain professional
services in connection with City of Elgin Central Business District(CBD) Traffic Signal
Upgrade project(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 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:
I. 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 to be provided by the Engineer include the following major tasks:
1. Coordination and data collection, including traffic counts,
2. Review and analysis of the existing traffic system and its quality of operations,
3. Analysis of one-way vs. two-way traffic flow alternatives in the CBD,
4. Analysis of a potential extension of Grove Street through the Civic Center Plaza,
5. Re-optimization of the Kimball Street and National Street traffic signal systems,
6. Engineering analysis of proposed improvements, estimated costs and construction
phasing,
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7. Coordination meetings with the City, civic groups, the public and City Council.
C. A detailed Scope of Services is attached hereto as Attachment A.
II.PROGRESS REPORTS
A. An outline project milestone schedule is as follows:
1. The Letter Report presenting the findings of the analysis of the potential changes
to the Highland Street-Chicago Street one-way couple will be delivered to the
City no later than August 1,2004.
2. The Preliminary Engineering Report will be delivered to the City no later than
September 15,2004.
B. A detailed project schedule for the Project is included as Attachment B, attached
hereto. Progress will be recorded on the project schedule and submitted monthly
as a component of the Status Report described in C below.
C. 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.
IH. 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.
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IV. PAYMENTS TO THE ENGINEER(Not To Exceed Method)
A. For services provided the ENGINEER shall be reimbursed at the rate of 3.03 times
the direct hourly rate of personnel employed on this PROJECT,with the total fee not
to exceed$170,384,25 regardless of the actual costs incurred by the ENGINEER.
B. For outside services provided by other firms or subconsultants,the CITY shall pay the
ENGINEER the invoiced fee to the ENGINEER,plus 5 percent. Any such fees are
included in the above referred amount of$170,384.25.
C. Included in the not to exceed fee of$170,384.25 are the following costs:
HLR Direct Costs $3,330.00
Land Strategies, Inc. (subconsultant fee) $30,950.00
Business Districts, Inc. (subconsultant fee) $8,085.00
D. The CITY shall make periodic payments to the ENGINEER based upon actual
progress within 30 days after receipt and approval of invoice. Said periodic payments
to the ENGINEER shall not exceed the 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.
Invoices for services provided will be submitted on a monthly basis, with payment
being due within 30 days of the date of invoice.
V. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the CITY.
Progress reports (IIC 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.
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VI. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof,the CITY may terminate this Agreement
at any time upon fifteen(15) days prior written notice to the ENGINEER. In the event
that this Agreement is so terminated,the ENGINEER shall be paid for services
actually performed and reimbursable expenses actually incurred prior to termination,
except that reimbursement shall not exceed the task amounts set forth under
Paragraph IV above.
VII. TERM
This Agreement shall become effective as of the date the ENGINEER is given a
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.
VIII. NOTICE OF CLAIM
If the ENGINEER wishes to make a claim for additional compensation as a
result of action taken by the CITY,the ENGINEER shall give written notice of his
claim within 15 days after occurrence of such action. No claim for additional
compensation shall be valid unless so made. Any changes in the ENGINEER's fee
shall be valid only to the extent that such changes are included in writing signed by
the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR
relative to a claim submitted by the ENGINEER, all work required under this
Agreement as determined by the DIRECTOR shall proceed without interruption.
IX. BREACH OF CONTRACT
If either party violates or breaches any term of this Agreement, such violation
or breach shall be deemed to constitute a default, and the other party has the right to
seek such administrative, contractual or legal remedies as may be suitable to the
violation or breach; and, in addition, if either party,by reason of any default, fails
within fifteen(15)days after notice thereof by the other party to comply with the
conditions of the Agreement, the other party may terminate this Agreement.
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X. 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, attorney's
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 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 reasonable legal counsel of the
CITY's choosing. The provisions of this section shall survive any termination and/or
expiration of this agreement.
XI. 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.
XII. INSURANCE
A. Comprehensive Liability. The ENGINEER shall provide,pay for and
maintain in effect, during the term of this Agreement, a policy of comprehensive
general liability insurance 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 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 above-referenced certificate of insurance shall include a reference to and
coverage for the contractual obligations assumed by the ENGINEER under
Article X hereunder entitled"Indemnification".
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.
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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.
XIII. CONSTRUCTION MEANS,METHODS,TECHNIQUES, SEQUENCES,
PROCEDURES AND SAFETY
The ENGINEER shall not have control over or charge of and shall not be
responsible for construction means,methods,techniques, sequences or procedures,or
for safety precautions and programs in connection with the construction, unless
specifically identified in the Scope of Services.
XIV. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement,
there shall be no discrimination against any employee or applicant for employment
because of sex, age, race, color, creed, national origin,marital status, of the presence
of any sensory,mental or physical 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.
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XV. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the
successors and the assigns of the parties hereto; provided,however,that no
assignment shall be made without the prior written consent of the CITY.
XVI. DELEGATIONS AND SUBCONTRACTORS
Any assignment, delegation or subcontracting shall be subject to all the terms,
conditions and other provisions of this Agreement and the ENGINEER shall remain
liable to the CITY with respect to each and every item, condition and other provision
hereof to the same extent that the ENGINEER would have been obligated if it had
done the work itself and no assignment, delegation or subcontract had been made.
Any proposed subcontractor shall require the CITY's advanced written approval.
XVII. 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.
XVIII. SEVERABILITY
The parties intend and agreed that, if any paragraph, sub-paragraph, phrase,
clause or other provision of this Agreement, or any portion thereof, shall be held to be
void or otherwise unenforceable, all other portions of this Agreement shall remain in
full force and effect.
XIX. HEADINGS
The headings of the several paragraphs of this Agreement are inserted only as
a matter of convenience and for reference and in no way are they intended to define,
limit or describe the scope of intent of any provision of this Agreement,nor shall they
be construed to affect in any manner the terms and provisions hereof or the
interpretation or construction thereof.
XX. MODIFICATION OR AMENDMENT
This Agreement and its attachments 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.
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XXI. APPLICABLE LAW
This Agreement shall be deemed to have been made in, and shall be construed
in accordance with the laws of the State of Illinois. 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.
XXII. 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.
XXIII. COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants in the CITY's
employ or any work associated with the PROJECT.
XXIV. INTERFERENCE WITH PUBLIC CONTRACTING
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.
XXV. SEXUAL HARASSMENT
As a condition of this contract, the ENGINEER shall have written sexual harassment
policies that include, at a minimum,the following information:
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;
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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.
XXVI. 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.
XXVII. NOTICES
All notices,reports and documents required under this Agreement shall be
in writing and shall be mailed by First Class Mail,postage prepaid, addressed as
follows:
A. As to CITY:
JOHN LOETE,P.E.
Director of Public Works
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER:
H. David Newkirk,P.E.
President/CEO
Hampton, Lenzini and Renwick, Inc.
380 Shepard Drive
Elgin,.Illinois 60123-7010
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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
ByPr661/1---4— Q
City Clerk City Manager
(SEAL)
For the ENGINEER:
Dated this 9 day of p r� I ,A.D., 2004
ATTEST:
B v L By / k �1( I
Secretary Presid: t
(SEAL)
N •,
ATTACHMENT A
Project Approach and
Scope of Services
City of Elgin
Central Business District (CBD)
Traffic Signal Upgrade
Preliminary Engineering Study
Introduction
The City of Elgin has identified the need to review
the layout and functionality of the traffic signal
system in the downtown central business district
(CBD). The primary objectives of the preliminary
engineering study will be to develop reasonable � �'
recommendations for overall system * , , . 4' . '
modernization and improvements, provide a
practical and coordinated construction program to .:,. •; I
implement the improvements over time, and . _ y -
finally to develop accurate planning-level cost 8
estimates to be used in the capital budget �--
process.
Prior to developing the recommendations and cost estimates, two potential downtown
traffic flow changes will be examined, discussed, and a consensus reached with
downtown civic groups as the recommendations for these traffic flow changes will
directly impact the magnitude and extent of the improvements that may be required to
the downtown signal system. These two traffic circulation issues are:
• Feasibility and requirements of implementing two-way traffic flow on Chicago
Street and Highland Avenue.
• Re-establishing Grove Street in the Civic Center Plaza.
The project approach will place equal emphasis on both the engineering issues and the
ability to effectively communicate traffic flow issues and implications to the various
stakeholders involved in the downtown area such as the Riverfront Master Plan group,
the Downtown Neighborhood Association as well as City staff and the Fire Department
pre-emption team. The public involvement process for this project has been developed
to accomplish two objectives:
.tt
Central Business District(CBD) Scope of Services
Traffic Signal Upgrade City of Elgin
1. Successfully communicate the results of the "technical" aspects of the traffic
analyses, improvement alternatives, and recommendations to a variety of non-
technical "lay" groups to enable theses groups to understand and discuss the
results and implications of changes to downtown traffic flow.
2. Effectively work with these groups to arrive at a consensus in a timely manner in
order to finalize the study recommendations to meet capital budget cycle
deadlines. The ability to focus these groups on the specific traffic issues and not
on non-related downtown viability issues outside of the study scope will be critical
to meeting project deadlines.
Description of Scope of Services
The scope of services described below provides an explanation of the project approach,
work tasks to be conducted, and project deliverables. This description corresponds
directly with the detailed man-hour, direct cost, and fee for the project that follows this
explanation.
Task I: Coordination and Data Collection
This task provides for the collection of needed information in order to perform the
required traffic analyses and to develop the necessary traffic signal system
recommendations. More importantly, this task provides for the critical initial
coordination and communication with City staff and other project stakeholders to
establish a clear understanding of the City's expectation of the consultant team, the
issues to be addressed as part of the study, schedule, and the products (project
deliverables) to be provided to the City.
Work under this task includes the following items:
• Collection of peak hour and 12-hour traffic •
counts at existing signalized intersections I
and intersections to be reviewed for traffic •®► _ ,�
signal warrants. All traffic counts •
conducted for this project will include A.. 10..;1
-+rl1r
classification of vehicle types (i.e. cars, —.
trucks, buses) and pedestrian volumes.
• Collection of all pertinent existing traffic
A1/4_2-
signal and roadway plans for the CBD,
Kimball Street and National Street.
• Obtain site plans, densities, etc. for any proposed development that will affect
downtown traffic (residential development surrounding Festival Park.)
• Obtain information relating to existing or planned City fiber-optic networks or
other communication networks that could potentially be utilized or enhanced as
part of the traffic signal system work.
IlLR Page 2
Central Business District(CBD) Scope of Services
Traffic Signal Upgrade City of Elgin
• Roadway and parking inventory (number of lanes, width, configuration, storage,
etc.) in the study area.
• Field inventory of traffic signal equipment and reconciliation with existing record
information.
• Field reconnaissance of the CBD area during
peak traffic periods to observe traffic operations. 7141114.Nalt : •
• Miscellaneous other information that may effect
and impact signal system design (e.g. major
utilities, vaulted sidewalks, streetcar/trolley car '*'11741... . - 1 1
tracks, etc.
Careful review and inventory of existing traffic
signal equipment and facilities will be critical to
minimizing costs in the future by carefully
assessing the need to "replace" versus "relocate."
To assist in conducting the traffic counts; Hampton, Lenzini and Renwick, Inc. (HLR)
will be utilizing Land Strategies, Inc. as a sub-consultant. HLR has an ongoing
working relationship with Land Strategies on a variety of traffic engineering projects.
Task II: Existing Conditions/ System Review
Utilizing the information collected under Task I, a review and evaluation of traffic
operations at the existing 15 signalized intersections and three unsignalized
intersections will be conducted. This work will also include a review of traffic signal
warrants. Synchro/SimTraffic or CORSIM simulation models of existing conditions will
be developed at this time. This information will then be complied into an "Existing
Cord'tions" report that will be reviewed and discussed with City Staff. This report will
provide a "base-line" comparison for the analyses to be conducted for the one-way
versus two-way circulation and the "re-opening" of Grove Street. The report will be
submitted to the City for review and revised if necessary. This information will also
serve as an introduction for meetings with the various downtown civic and business
groups.
Task HI7 Downtown Traffic Flow Alternatives Analysis
This task will include the first "round" of public meetings with the
Downtown Neighborhood Association, the Riverfront Master Plan
Consultant, and other affected civic groups. Meetings with these groups
will summarize the "Existing Conditions/ System Review" of traffic
operations and focus on discussing the parameters and issues
associated with examining two-way traffic flow on Highland Avenue and (.
Chicago Street and the potential re-establishment of Grove Avenue. To
assist HLR in the facilitation of discussions with these various groups,
HLR will be working with the firm Business Districts, Inc. (BDI) as a sub-
consultant. BDI specializes in the analysis of downtown business districts
and is familiar with the traffic related issues that downtown business
groups and neighborhoods have. BDI will assist in all public involvement activities and
MLR Page 3
I
I/
Central Business District(CBD) Scope of Services
Traffic Signal Upgrade City of Elgin
provide "peer review" to HLR on the formulation of downtown traffic alternatives (one-
way vs. two-way, etc.)
Coordination meetings with the Fire Department pre-emption team are also proposed to
take place at the beginning of this task and will focus on summarizing the existing traffic
signal system and equipment, and then focus on establishing future system and
intersection equipment needs. The capability/ need to provide system linkages to
existing fiber optic networks will be discussed as remote monitoring of traffic signals can
reduce maintenance effort by providing some level of intersection diagnostics from
remote locations. With many new urban traffic signal systems, video detection and
video surveillance (pan-tilt-zoom cameras) are being provided both for traffic
management and emergency management uses. Often improvements being
considered under "homeland security" can be interfaced with improvements to traffic
control systems resulting in an overall cost-savings by minimizing duplication of system
infrastructure.
In all of the public meetings to be conducted as part
`. of this study, HLR is proposing to utilize Synchro/
SimTraffic and CORSIM to provide visual
41)
a simulations of traffic flow superimposed over aerial
u -' . ,4417,:�7 photography. HLR has found this presentation
�_`�._ -` _ ____ ..l- n ''' method very effective in communicating traffic flow
-?" and operation issues to the general public. These
,4. , ' simulations have been recently used on HLR public
, ' involvement efforts in the City of St. Charles (IL-64
�, _
traffic signal system) and the City of Woodstock (IL-
47/Calhoun Street reconfiguration.)
In examining the feasibility of establishing two-way = i"' w 17
traffic on Highland Avenue and Chicago Street, both ` 4 1
the impacts of two-way traffic flow on these streets
and the intersecting side streets will be studied. The . r' s
need to provide left-turn lanes, adjust/ reconfigure `"ry
intersecting side street turn lane approaches, and the -
resultant implication for potential removal of on-street '' "
parking to accommodate these changes will be
examined carefully in order to fully assess the benefits and disadvantages of
establishing two-way traffic. This task will also include the assessment of impacts from
two-way operations on the off-street traffic
circulation at existing parking garages, parking ; 11
lots and the Metra/ PACE facility. The feasibility A - x
of modifying these off-street facilities without large
cost implications will be evaluated. All of these .aI,-
:moi ■
r
issues will have to be addressed and any < : 1 1110.-1,,,,:.1,
changes adequately quantified so the various ~
stakeholders, including PACE and Metra, can
MLR Page 4
Central Business District(CBD) Scope of Services
Traffic Signal Upgrade City of Elgin
make an informed decision with respect to two-way traffic operations. Additional
coordination with the Illinois Department of Transportation (IDOT) and the Illinois
Commerce Commission (ICC) will be required to address potential railroad/ traffic signal
preemption issues that may arise from 2-way operation at the Illinois Route 31 (IL-31)
intersections with Highland Avenue and Chicago Street.
The potential re-opening of Grove Avenue will also have
to be evaluated for issues other than just traffic and
roadway requirements. The existing "right-of-way" is
somewhat narrow and the adjacent grade of existing
building accesses varies along the block. Impacts
111101,.!1,! ,.i relating to establishing street level building accesses and
pedestrian traffic flows will be reviewed and evaluated as
part of this task.
Once the comments and concerns of the various stakeholders have been established
and discussed, Synchro/SimTraffic and/or CORSIM models will be developed to assess
the traffic flow and operational changes of these alterations and to identify the needed
changes in roadway configurations to accommodate these changes. The results of
these models and the necessary alterations to the downtown street system will be
summarized in a letter report. The report will also identify any major changes required
to the off-street facilities mentioned above. This report will be presented to City staff for
review and then an additional "round" of presentations made to the various groups and
stakeholders to summarize the analysis, benefits, impacts and recommendations. It is
anticipated that a presentation to the City Council summarizing all of the work
conducted to date and the recommendations on two-way traffic and Grove Avenue
would be made following the presentation to the Downtown Neighborhood Association
and other groups. Again, BDI will assist HLR in these public meetings.
Task IV: Kimball Street & National Street Signal Re-optimization
Additional peak hour traffic counts will be conducted at all signalized intersections along
Kimball Street and National Street. This information along with the results of Task II
and Task III will be utilized to develop new
optimized traffic signal timing plans for the '
n Grove ,r
morning, mid-day and evening peak period • •
operations along these roadways. This •
I w
information will be implemented on both _
corridors via existing telephone •
connections and followed by a field review
of the implemented timing plans. = ,o "' • *
Revisions in the field will be made as
Central Business District(CBD) Scope of Services
Traffic Signal Upgrade City of Elgin
Task V: Preliminary Engineering Study & Final Report
Once a consensus has been reached by the City and all interested stakeholders with
respect to the one-way versus two-way operation and the Grove Avenue "re-opening,"
final traffic signal system requirements and overall improvement recommendations can
be developed. Based on coordination with City staff, the Fire Department pre-emption
team, and any other groups involved in system communication needs (video, fiber
optics, etc.) a traffic signal system schematic plan will be developed. This will serve as
the foundation/ "backbone" for implementation of the various construction projects that
will follow. Overall system requirements will be clearly identified as part of this plan so
that as each project is constructed, the necessary infrastructure is developed to allow
for future implementation of the total system.
If street improvements and reconfigurations are necessary, a geometric plan for
proposed CBD street improvements will be developed. Again, HLR has found it very
effective to present proposed roadway
changes graphically superimposed over 7.77,04 ' ?q •
aerial photography. Individual ' _ a ' ITT
ti
intersection traffic signal requirements i
will also be identified in addition to the --
overall system requirements. Issues >'
such as replacement/ retrofitting of . ~ =
signal heads with LED's can be
examined and potential long-term cost
savings from decreased energy
9 9Y
consumption evaluated.
A significant portion of the work under this task will include the development of planning
level construction cost estimates and a construction implementation plan that will take
into account projected annual budgetary constraints. It is anticipated as part of this
scope that several different staging plans with associated cost estimates will have to be
developed, reviewed by City staff, and then revised again for review until a consensus is
reached with respect to implementation of the improvements. Coordination of schedule
and scope with other upcoming capital improvements in the downtown will be an
important part of this work task.
All of this information along with a summary of the previous tasks will be compiled into a
final report and presented to City staff for review. Provisions have been made in the
proposal for an additional public meeting/ City Council presentation to summarize the
overall project, the recommended improvements, estimated costs and implementation/
phasing options.
A detailed listing of all work tasks anticipated to be conducted as part this study along
with manhours and direct-cost estimates follows.
BLit Page 6
ATTACHMENT B
City of Elgin
CBD Traffic Signal Upgrade Project
PROJECT SCHEDULE
Year 2004
Month April May June July August September October
Task Week 1 21 3 4 1 2 3 1 4 5 1 2 3 4 1 2 3 4 1 2 1 3 4 5 1 2 3 4 1 2 3 4
PHASE I
I. Coordination&Data Collection '
II. Existing Conditions/Systems Review
Public Meeting(s) Z
Ill. 2-Way Analysis&Public Meeting(s)
08/01 Traffic Flow Memorandum ..'
IV. Kimball/National Re-Opt I
V. Preliminary Engineering Study
09/15 Final Report&Final Public Meeting ( I =4
ElConsultant Work Time El Public/Stakeholders Meeting
■ City/Consultant Progress Meeting 1111111111111111 Deliverable
Prepared By: Hampton, Lenzini and Renwick,Inc. 3/22/2004
SUBCONSULTANT AGREEMENTS
BUSINESS DISTRICTS, INC.
LAND STRATEGIES, INC.
Project Scope IN!kJ":
City of Elgin: CBD Traffic Signal Upgrade Facilitation/ Consultation Services
Business Districts, Inc. (BDI), a firm specializing in the development of vital downtowns,joins
HLR's team in its study of two-way traffic on Highland and Chicago and reestablishing Grove
Street. BDI would facilitate meetings designed to identify neighborhood and business concerns
about the process, issues and benefits of the proposed traffic changes. BDI also would monitor
the design and modeling process to insure that the team's plans minimize neighborhood concerns
and maximize the business benefits of redesigning these roads. Team presentation to City staff
and public meetings would include participation by BDI.
Project Estimate
Hours
Existing Conditions
Project Kick-off 4
Consultant Team Meeting 6
Data review 3
Downtown Traffic Analysis
DNA Meeting preparation/framing issues 6
DNA Meeting 3
Riverfront Meeting preparation/framing is; 6
Riverfront Meeting 3
Peer review 4
DNA/Riverfront group presentation 4
City Council presentation 3
Report and Recommendations
Peer review 4
Consultant Team Meeting 6
Public meeting 3
55 $7,700
Expenses & Contingency $385
Total $8,085
a.+
6J
.N
City of Elgin Downtown Traffic Study
Business Districts, Inc. is the premier provider of business district
IIIL-; services for mid-sized municipalities. Business districts are as varied
'N as the communities which create and benefit from them. Whether they
are commercial cores, downtowns or retail corridors, business
• districts share characteristics with shopping centers but also
announce and transmit the values of the communities they dwell in.
N Effective business district plans have always relied on analysis-based
c, strategic plans affirmed by community groups, businesses and
•N government. But with increasingly tight municipal budgets, growing
= citizen involvement and changing patterns of life, work and shopping
today, an effective business district plan must be more; it must include
organization structures—private public partnerships or designation of lead agencies--and reliable
financing mechanisms. In other words, today, an effective business district plan must include
implementation.
For a decade and a half, BDI has developed and implemented effective business district plans in
top communities throughout the Midwest. We have created thriving, marquee projects which
attest to both community resilience and BDI skill in ensuring long term results. With deep roots in
urban planning, commercial development and business management, and a flexible, hands-on
approach, BDI empowers those developing a business district to define, progress toward and
realize their commercial aspirations. The results are often dramatic.
At the core of BDI's services is the situation audit; a "where-do-we-go-from-here" diagnosis of a
business district's economic and physical conditions as well as its market demographics, retail
mix and prevailing codes. From this analysis, BDI constructs a strategic plan. Using "visioning"
workshops with constituent groups and the public and also expert input, the community will create
a fully implementable operation plan. Retailer support and developer recruitment are the
cornerstones of the plan as are staffing, management and continuing services.
Developing a business district that answers community expectations and city revenue needs
within municipal budget and scheduling parameters has never been more challenging. Yet never
has it been more rewarding. Today's commercial district is not just an economic entity but an
emotional and social one. It's a gathering place that connects a community's past and future and
affirms its values and cultural identity. Let BDI help you develop yours.
business districts.inc. A 627 arove street A evanston.illinois 60201 A 847 902 8152
■C
Resumes
Bridget Lane
Vice President
Experience
Bridget Lane specializes in commercial revitalization strategy, fiscal impact analysis, market
analysis, and retail business development. Her ten years of experience as a retailing executive,
seven years as a professor and three years managing Downtown Evanston serve as a practical
foundation for her market research and business development consultations.
Recent clients included communities as diverse as North Aurora, Illinois; Mequon, Wisconsin; and
South Bend, Indiana. Bridget also has led retail business recruitment efforts and workshops in
business development for community development leaders. At the request of Plainfield, Illinois,
she analyzed the impact of a proposed 250 unit residential development. She developed store
audits for a major upscale man's clothier, created a retail store concept for a successful
wholesaler, and developed the marketing strategy for a newly created tax-exempt foundation.
Bridget conducts the basic research and analysis necessary to create business development and
marketing strategies, moderates focus groups, and develops consumer surveys.
Residential development impacts, industrial recruitment, neighborhood retail business
development and mixed use project enhancement have all been subjects of Bridget's research
and consulting work. She created university courses covering retail management, advertising,
introductory marketing and personal selling.
Bridget began her retailing career at Jb Robinson Jewelers, where she had line responsibility for
sales and profits in the company's largest region. She also sat on the executive committee
charged with policy development during the company's rapid expansion. She developed sales,
expense and profit budgets. New store location, display and start-up were under her supervision.
She implemented employee hiring and development programs.
Earlier in her career, Bridget served as a public and legislative relations coordinator for the Illinois
Department of Conservation. She was also a preservation planner at the National Trust for
Historic Preservation in the United States.
Affiliations
Bridget Lane has served on various committees and boards during the past 15 years, including a
term on her community's Economic Development Corporation and a position as Trustee of the
District 64 Elementary Learning Foundation. She is currently on the Board of the Pickwick
Theater Council.
Education
Before obtaining a Master's Degree in Business Administration from the Harvard Business
School, Bridget graduated from the University of Illinois with a degree in Urban Planning.
business districts,inc. A 627 grove street A evanston,illinois 60201 A 847 902 8152
Tr
Resumes
Bridget Lane
Selected Experience
Downtown and Corridor Business Development Action Plans
Downtown Romeoville, Romeoville, IL; Downtown Mequon/Thiensville, Mequon, WI; Downtown
Matteson, Matteson, IL; Downtown Plainfield, Plainfield, IN; Calumet Corridor, Harlem Avenue
Corridor, and Lincoln Avenue Corridor, South Suburban Mayors and Managers Association;
Massachusetts Avenue, Indianapolis, IN; Route 30, North Aurora, IL; Downtown Burlington,
Burlington, IA; Madison Street, Forest Park, IL; Roosevelt Road, Broadview, IL; Downtown
Quincy, Quincy, IL; Downtown Rockford, Rockford, IL; Downtown Roselle, Roselle, IL; Front
Street, Mokena, IL; Downtown Lake Forest, Lake Forest, IL; South Gateway, South Bend, IN;
Downtown Lake Bluff, Lake Bluff, IL; Downtown South Bend, South Bend, IN; Lincoln Way West,
South Bend, IN; Western Avenue, South Bend, IN; Downtown Winnetka, Winnetka, IL; Portage
Avenue, South Bend, IN; Downtown Grayslake, Grayslake, IL; Downtown Elkhorn, Elkhorn, WI.,
Oakland Street, Shorewood, WI, Calumet Corridor, Harlem Avenue Corridor, Route 30 Corridor,
Metra Electric Corridor.
Store Development
I Dream in Color, Hyde Park, Chicago, IL; New Balance Shoes, Highland Park, IL; Bountiful
Board, Lincoln Park, Chicago, IL; Aubrey's of Barrington, Barrington, IL; Franklin Products,
Chicago, IL; Bigsby & Kruthers, Chicago, IL.
Retailer Development Workshops
Topics:
Making an Old Store Look Good; 50 Ideas to Jump-Start Your Holiday Sales; Get More Bang for
Your Advertising Buck; Power-up Your Staff to Sell More; Low Cost Loss Prevention; You Can
Control Your Inventory; 50 Tips that Build Store Profits.
Communities:
Evanston, IL; Glen Ellyn, IL; Homewood, IL; Highland Park, IL; Park Ridge, IL; Hyde Park,
Chicago, IL; Woodstock, IL.
Community Surveys
Rockford, IL; Broadview, IL; Clarendon Hills, IL; Park Ridge, IL; Olympia Fields, IL; Hampshire,
IL.; Plainfield, IL, LaGrange Park, IL
College Level Courses Developed
Introduction to Marketing
Personal Selling
Retail Management
Advertising
Advertising Campaigns.
business districts,inc. A 627 grove street a evanston,Illinois 60201 A 847 902 8152
Resumes
Terrence M. Jenkins
President
Experience
For 12 years, Mr. Jenkins served as Executive Director of EvMark, the downtown management
organization for the City of Evanston. Working in concert with the public/private corporation board
of directors, Mr. Jenkins was fully responsible for the creation of annual goals and objectives. He
was accountable to the volunteer board for the achievement of programming to attain those
objectives.
Under Mr. Jenkins' direction, EvMark completed the development and implementation of a
comprehensive physical plan for the forty-block area of downtown Evanston. This innovative plan
was developed by a unique partnership of four local, prominent urban planning and design firms;
EvMark board of directors, City of Evanston staff and elected officials, retailers, landowners,
representatives of the arts, and the general public. Through Mr. Jenkins' efforts, EvMark became
a model for achieving results through an efficient part-time management process in concert with
an equally efficient use of professional subcontractors to achieve complete program objectives.
Prior to his association with EvMark, Terry Jenkins was Senior Vice President of Washington
National Insurance Company. He held marketing and administrative responsibilities for multiple
lines of business which encompassed $41 million in budgets, $80 million in premium income and
a staff of six hundred.
In addition to operating responsibilities, Mr. Jenkins was responsible for external relations with the
community, including downtown Evanston and other business districts. While with Washington
National, Mr. Jenkins served as the President of the Evanston Chamber of Commerce. Mr.
Jenkins' responsibilities with EvMark, Washington National and the Chamber of Commerce have
provided him with a unique balance of experience. He has been involved in public/private
downtown management, a corporate view of investment in the future of business districts, and
line experience with the Chamber of Commerce in articulating its role in business district
management and development.
Having served on various committees and boards during the past twenty years, Mr. Jenkins has
developed a strong understanding of the role of volunteer and not-for-profit efforts within a
community. Mr. Jenkins served as Chairman of the United Way, was President of Evanston's
Comprehensive Drug Treatment Program, and has served as President of the Evanston School
Project Earn and Learn. Mr. Jenkins was a member of the Evanston Committee on the Homeless.
Mr. Jenkins is a faculty member of the Leadership Evanston Program.
Education
Mr. Jenkins is a graduate of Northern Illinois University (1969). He has received a Fellowship in
the Life Office Management Association. Mr. Jenkins is also a Chartered Life Underwriter and is a
graduate of the Life Office Management Association Executive School.
business districts,inc. A 627 grove street A evanston,illinois 60201 A 847 902 8152
Resumes
Terrence M. Jenkins
Selected Experience
Corridor Development Action Plans
Roosevelt Road, Broadview, IL; Madison Street, Forest Park, IL; Front Street, Mokena, II; South
Gateway, South Bend, IN; Western Avenue, South Bend, IN; Lincoln Way, South Bend, IN;
Portage Avenue, South Bend, IN., Calumet Corridor, Harlem Avenue Corridor, Route 30 Corridor,
Metra Electric Corridor.
Downtown
Burlington, IA; Muscatine, IA; Quincy, IL; Rockford, IL; Lake Forest, IL; Lake Bluff, IL; South
Bend, IN; Winnetka, IL; Blue Island, IL; Grayslake, IL; Elkhorn, WI; Park Ridge, IL; Homewood,
IL; Evanston, IL; Highland Park, IL; Woodstock, IL; Zion, IL; Hazel Crest, IL., Mequon, Wisconsin
Supportive Services
Roosevelt Road, Broadview, IL; Front Street, Mokena, IL; Downtown South Bend, South Bend,
IN. Quincy, IL; Grayslake, IL; Elkhorn, WI; Park Ridge, IL; Homewood, IL; Evanston, IL; Zion, IL;
Hazel Crest, IL.
business districts,inc. A 627 grove street ♦ evanston,illinois 60201 ♦ 847 902 8152
War 05 04 05: 59p LAND STRATEGIES 773 305 0805 p• 2
•
LANLLI STRATEGIES, INC
ILANNIN(;/TRANSPORTA'1'IC)N/11R11AN DESIGN
•
March 5,2004
Ms. Diane Lukas
Hampton, I,enzini and Renwick, Inc.
380 Shepard Drive
Elgin, Illinois 60123
Re: Downtown Elgin Traffic Data Collection— Elgin, Illinois
Dear Ms. Lukas:
The following is a proposal by Land Strategies, Inc. to provide Hampton, Lenzini and Renwick, Inc. with
Professional Traffic Engineering Services. This work will consist of traffic data collection in downtown
Elgin, Illinois. As requested we are presenting you with several different options for the data collection.
WORK PROGRAM OPTIONS
Option A - 12 Hour Manual Traffic Counts:
Land Strategies, Inc. will conduct manual turning movement traffic counts between the hours of 6:00 AM
and 6:00 PM on a weekday at 15-25 intersections in the Downtown area. Traffic counts will include
classification by passenger vehicle, single unit truck and heavy vehicles. The volume of pedestrians crossing
at each intersection will he counted.
Land Strategies, Inc. estimates that 6 -10 intersections can be counted per week based on the intersection
volume and geometry. We estimate that it will take approximately four weeks to complete the traffic counts
under option A.
For the basic services outlined in the Work Program under Option A, Land Strategies, Inc. will be
compensated with a fixed fee for professional services and reimbursable expenses. Some intersections may
require two traffic technicians (major intersections). while others can he counted by one technician (minor
intersection). The cost breakdown for each intersection type is shown below.
Major Intersection Cost Pcr Location:
Professional Fees: $1,150.00
Reimbursable Expenses: $ 125.00
Total Cost: $1,275.00
Minor Intersection Cost Pcr Location:
Professional Fees: $ 600.00
Reimbursable Expenses: $ 75.00
Total Cost: $ 675.00
Page I Ofd 1700 Wrxt Irving Part• Rood, Suite 202 Chicagu, IL 60613
Telephone: 773.305.01100 facsimile! 77:i.10;.0x0;
w w w l a u d x c r a i e g l e s i n c , c n m
Mar 05 04 05: 59p LAND STRATEGIES 773 305 0805 p. 3
LAND STRATEGIES, INC
-1't.ANNING/TRANSPORTATION/UR1 AN
Option B - Peak Hour Manual Traffic Counts and 12 Hour Automatic Traffic Counts:
Land Strategies, Inc. will conduct peak hour manual turning movement traffic counts from the hours of 7:00
AM to 9:00 AM and from 4:00 PM to 6:00 PM on a weekday at 15-25 intersections in the Downtown arca.
Traffic counts will include classification by passenger vehicles, single unit trucks and heavy vehicles. The
volume of pedestrians crossing at each intersection will be counted.
In addition, automatic traffic recorders (ATR's) will be used on all approaching lanes of each intersection in
the study area for at least a 12-hour period from 6:00 AM to 6:00 PM on a weekday. Vehicle classification
will not be included.
Land Strategies, Inc. estimates that 6 -10 intersections can he manually counted per week based on the
intersection volume and geometry. We estimate 3-4 intersections can he counted per week using the ATRs.
We estimate that the manual traffic counts can be completed in four weeks and the ATR counts in eight
weeks.
For the basic services outlined in the Work Program under Option B, Land Strategies, Inc. will be
compensated with a fixed fee for professional services and reimbursable expenses. Some intersections may
require two traffic technicians (major intersections), while others can be counted by one technician (minor
intersection). The cost breakdown for each intersection type is shown below.
Major Intersection Manual Count Cost Per Location:
Professional Fees: $ 650.00
Reimbursable Expenses: $ 100.00
Total Cost: S 750.00
Major Intersection Automatic Count Cost Per Location:
Professional Fees: $400.00
Reimbursable Expenses: $ 75.00
Total Cost: $475.00
Minor Intersection Manual Count Cost Per Location:
Professional Nees: $ 325.00
Reimbursable Expenses: $ 75,00
Total Cost: S 400.00
Minor Intersection Automatic Count Cost Per Location:
Professional Fccs: $ 300.00
Reimbursable Expenses: $ 75.00
Total Cost: S 375.00
Pugc2 oI4 1700 Wcat lrviu. Park Road, Nuitc 202 Clucago. IL 40613
'1'rlephonr: 771.1OS,Ai10t1 Fac>iniil.: 77i.los.OKO
w w w , I a n el s t r a t c F i c x i n c . c o 111
Mar 05 04 05: 59p LAND STRATEGIES 773 305 0805 p. 4
LANQ2] STRATEGIIS,
t}LANNING/TRANSPORTATION/t1RBAN DESIGN
Option C-Automatic Traffic Counts:
Automatic traffic recorders (ATRs) will he used at specific locations throughout the study area. Traffic data
will be collected for at least a 24-hour period on a weekday and will include bi-directional volume
breakdown where appropriate.
Land Strategies, Inc. estimates that 8 - 12 locations can be counted per week based on roadway width. Total
projecttime will depend on the total number of locations selected for data collection.
For the basic services outlined in the Work Program under Option C, Land Strategies, Inc. will he
compensated with a fixed fee for professional services and reimbursable expenses. Roadways greater than
48 feet in width will require two count boxes to be used to gather traffic data.
M4j9r.Roadway Automatic Count Cost Pcr Location;
Professional Fees: $200.00
Reimbursable Expenses: $ 75.00
Total Cost: $ 275.00*
Minor Roadway Automatic Count Cost Per Location:
Professional Fees: $ 150.00
Reimbursable Expenses: $ 75.00
Total Cost: S 225.00*
Please note that traffic counts can be conducted concurrently and the projected cost is based on one location
being surveyed at a time,doing so will lower the projected cost and reimbursable expenses for this option.
Reimbursable Expenses:
Land Strategies, Inc. shall he reimbursed for miscellaneous direct expenses incurred in connection with the
project including but not limited to:
• Data/reports/plans/studies/maps.
• Postage and delivery.
• Copying/faxes.
• Photography (film & development).
• Travel/mileage/tolls/parking.
• Long distance communication.
• Computer plots/color printing(if applicable).
These amounts shall be reimbursed at cost plus 10%for handling.
invoicing:
Land Strategies, Inc. shall invoice Hampton, Lenzini and Renwick, Inc. at appropriate intervals for all
services and expenses provided/incurred up to the date of said invoice. Unpaid invoices after 30 days shall
be subject to a late fcc of 1.5% of the invoice total per month.
l'agc301'4 17011 Wr..r Irving Park Road, iuitr )02 Chicago. IL 61161.1
Irlrphnnc: 773.305.0800 1'aa,imilr: 77.3.3nC.OF);
w W w , 1 a n II a 1 r a I r g i r . i n r . < e) tri
lar' 05 04 06: 00p LAND STRATEGIES 773 305 0805 p. 5
LAND STRATEGIES, INC
PLANNIN( /TRANSPORTATION/11ItRAN r)ISIC;N
Termination:
This agreement may be terminated by either party 15 days after written notice. Land Strategies, Inc. shall be
paid for all services and expenses performed/incurred up to this date.
ADDmONAL SERVICES
If requested by Hampton. Lenzini and Renwick, Inc., Land Strategies, Inc. will provide Additional Services
associated with the project or other planning services necessitated by and/or related to changes in the Work
Program, including participation at public hearings or meetings regarding this development.
Additional Services Compensation:
Land Strategies, Inc. shall be compensated for Additional Services requested by the client on an hourly basis
in accordance with the firm's rate schedule current at the time the services are rendered. Land Strategies,
Inc. may prepare a cost estimate for any requested Additional Services prior to those services being rendered.
AUTHORIZATION
Please indicate acceptance of this agreement by signing one copy and returning it to LAND STRATEGIES,
INC. Land Strategies, Inc. will begin work upon receiving written authorization to proceed via mail, lax, or
messenger.
Please note that this proposal shall he binding for 45 days from the date of issuance (March 5, 2004).
Land Strategies, Inc. appreciates the opportunity to provide Hampton, Lenzini and Renwick, Inc. with
Professional Traffic Engineering Services.
/y
Mr. Daniel N. Plottner, Senior Assoicatc Date:
LAND STRATEGIES, INC.
1700 West Irving Park Road, Suite 202
Chicago, Illinois 60613
Mr. James R.Lcncini, Vice President Date:
I IAMPTON,LENZINI and RENWICK, INC.
380 Shepard Drive
Elgin, Illinois 60123
Pugo4or4 17110 Wcnt Irving Park Road, Snit. 707 Chikitgo. It. 61)613
Tc1ep4one: 773.305.0300 Pa1.5i111it4: 77.1.405.0$oi
w
WW l a 11 J . I rat c g i t• s i II I . i 11 RI
Mar 05 04 06: OOp LAND STRATEGIES 773 305 0805 p. 6
LAND STRATEGIES, INC.
CONTRACTUAL TERMS AND CONDITIONS
Gencrxt; The leans and cundtnons set forth herein and in the chaebol cover letter constitute an offer by LAND STRA'I'T:GlliS,INC.(LSI)to perform for the Client to
whom this cover letter is addressed,all of the prnfessinnal design services described in said cover letter as Scope of Services for Client's protect as defined therein. 1.S I's
offer becomes a contract on these Sonne(erns and conditions when accepted or acknowledged by Chart or by I.SI's commencing performance of the services. This
contract supersedes all previous understandings, if any,and constinttes the entire agreement between LSI and Client relating, to the setvices. Pre-printed terms and
conditions on Client purchase valets are not accepted regardless of when issued. I.51 shall have the right,at its sole option,to rescind It offer if the services have nor
commenced within ninety(90)days of the date of LSI's otter
TSL'.Obligations: I.ST will e.ndravor to perform its services using that degree of care and skill ordinarily exercised by reputable members of its profession under similat
circumstances. No other warranty expressed or Implied is made Or intended.
Client Obligations: Client shall.at his expense, provide full,complete and correct inlbrmation, including,but not by way of limitation:a program of objectives,
constraints,ctitesiu,and budget. 1 SI shall he entitled to rely upon the accuracy of the Client Tlimished information.
Consultant Services: Where 1S1 procures consultant service such as, civil,structural, electrical,or cnvirorunental engineers, or other specialists required for the
Project,on behalf of the Client,!SI does so its an adminlstmtiveJinvoicing convenience to the Client and such consultants shall be considered Client's independent
consultants TST make no representation of,and does not assume responsibility or liability for,the work or services for Client's independent consultants. 1.S1 shail be
entitled to tely upon the accuracy of services.including reports nr surveys,provided by Client's independent cnnsultanrs
Opinions of Probable Costs: 'LSI's opinions of probable cost represent its hest lud fluent as a planning/transportation professional and arc not euara ntces by LSI of
actual construction cost 1.ST has no control over material cost,labor,methods of oonstructiuri or bid procedures. Accordingly,LSI does not warrant or rept mesa thud
contractor bids will not vary from the protect budget or LSi's opinion of prolrable cost. If Client desires greater assurance ofcost,Client shall engage the services of an
independent construction cost muleteer.
Additional Services: Changes in the scope or extent of services may be made from time to time by mutual wt itlen ugrut:ment Any additional services required because
or such changes will he charged at lSl's customary rates in elliv:t at the time the services are rendered. Unless otherwise agreed in writing all Terms and Conditions of
this contract shall apply.Chanes in theses Terms and Conditions can only he made by written consent oL'LSI.
Compensation and Payment: Client shall compensate TSI the amounts stipulated in the cover letter,however such amounts shrill be subject to adjustment for escalation
If,through no fault of LSI,the services arc not completed within the time stipulated in the cover letter. In addition to the amounts(or set vices,LSI shall he compensated
for reimbursable expenses such as travel(indent,tolls.parking,accommodations),duplication,pioninp„prints,messenger services,data,reports,studies,maps.postage,
long distance communication,additional insured provisions or increased limits of insurance,mid other reasonably identifiable costs incurred in connections with the
services. Such reimbursable expenses shall be invoicai at cost,plus 10%handling,and unless specifically stated otherwise in the cover better,art in addition to any
amounts stated as maximum compensation.
ISI Shall be entitled for payment for services rendered on the basis of 1.St's invoices submitted monthly. All Invoices shall be due and payable within 30 days after
receipt. Past due invoices shall accrue interest at the rate of one and one half percent per month. No retention shall ha withheld. All accounts receivable must he current
before LSI shall issue final drawings,reports.other documentation.or attend public mcctinps/hearing on behalf of the client, I.SI reserves the right to stop services and/car
withhold documents for masons of non-payment and LSI shall not he Iiable for delays,which may result from such stoppage.
In the case of lump-sum foe arrangements,invoices shall reflect the percentage of work completed as estimated by LSI to the date indicated on the invoice. A service
charge of five percent of the involoc amount shall be added to all invoices prepared on special client forms or requiting buck-up time sheets,copies of receipts,and the
like, Waivers of Tien will be provided,upon request,after receipt by ISI of monies due.
Ownership of Documents: Any and all documents,plans,and reports in whatever form,including electronic media(disks,telecommunications,etc.)prepared pursuant
to or otherwise resulting from this contract are instnunents of professional service and shall be and at all times remain the sole properly of LSI. Client shall be entitled to
retain hard copy of such documents,plans,and reports for informational use and reference. T.51 will not be responsible for any consequence of re-use,other use,or
adaptation of such documents without t.ST's express written consent.
Insurance: 1.51 is protected by worker's compensation insurance,comprehensive general liability insurance and will furnish certificates upon request. Any additional
insurance or limits in "additional insured endorsement"shall he provided as a reimbwsable expanse at actual Dost or TSl's scheduled charge. Client agrees le cause
contractor to (u)provide comprehensive general liability insurance for the project naming Land Strategies, Inc. and Client as additional iresurwls; (b) to defend,
indemnify,and hold harmless Land Strareptes,Inc.itnd Client from any and all losses,costs,damages,and expenses resulting for the Contractor's work on the project,
including without limitation claims arising out of or In connection with construction worker injuries. Client agrees to notify 1.51 of the existence of any project specific
professional liability policy applicable to the project,which includes LSI as an insured by name or reference so that LSI may,in a timely and alTective manner coordinate
its own insurance program. Should such a project spocilic professional liability policy be purchased by Client or Client's contractors,Client agrees to make available to
LSI a certified copy of the policy and cooperate with 1.51 in obtaining data with respect to the possible claims against the policy.
Disputes: If a dispute arises out of or relates to this contract,and if said dispute cannot be settled through direct discussions,the parties hereto agree to first endeavor to
settle the dispute in an amicnrle manner by mediation before having recourse to arbitration or a judicial forum.
Compliance with Codes: LSI shall endeavor to comply with all applicable Codes and regulations in effect and as interpreted by building, anninp and municipal
officials,at the time the services arc rendered;hnwcver.I.SI shall not be responsible for changes to the project recultino from changes in local or applicable codes or
changes in interpretation thereof by authorities having jurisdiction.
Limitation of Liability: Client recognizes the inherent risks,rewards,and benefits of the project. Accordingly,Client!Agrees that,to the fullest extent permitted by law..
Client shall defend,indemnd'y,and hold harmless L51 from and against any claims,Jianttges,losses,costs,injuries,and expenses,including attorney's fres,arising,out of
the project hescundct excepting limn the indemnity and hold harmless obligations only those claims or portions thereof which are determined by a court to arise from
ticaligenee of LSI. In no event shall Client be entitled to obtain front 1.51, its agents.representatives,officers,employees.Or independent contractors,dntnapes,arising
from I.S1's broach of this agreement,or for its failure to perform its services in accordance with the standard of care provided for herein,in excess of$10.000.00 or the
total fee amount paid by Client,whichever is less. Damages as used heroin shall include tort damages,contract damages,strict liability damages,liquidated damages,
economic losses,penalties,fines,and attorney's fens. No claims shall be made more than two years atter substantial completion of the piojea.
Applicable l.aw: The rights and obligations o1'the parties under this contract shall be interpreted in accordance with and governed in all respects by the State of Illinois.
Termination and Cancellation: This contract may be terminated by either party upon fifteen days prior written notice. In the event of termination. LS1 shall be
compensated by Client for all services ptefrumed tip to and including die termination date,including reimbursable expenses,cul/car the completion of such services and
records as arc necessary to place I St's files in onier and/or protect its professional reputation, In the event of bankruptcy or insolvency of Client or it the financial
condition of Client at any time does not,in the judgment of LSI,justify continuance.of work.ISI shall he entitled to cancel this contract and receive reimbursement for
its reasonable and proper cancellation charges.
1.51 Page IofI
, `.fir OF f(c.,
i, 4
a� i/ City of Elgin Agenda Item No.
4'4 TED FE',r E
L • il X01
01
April 9, 2004
1 i Ti , rii 0
DI ,<# 1111
TO: Mayor and Members of the City Council ?1; ' ' :''
FINANCIALLY STABLE CITYGG%ERNMENT
EFFICIENT SERVICES,
FROM: David M. Dorgan, City Manager k{,lj AND QI NLITViNFRASTRI/CTLRE
John M. Loete, Public Works Director
SUBJECT: Engineering Services Agreement with Hampton, Lenzini & Renwick (HLR)
For the Central Business District (CBD)Traffic Signal Upgrade Project
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider an agreement with HLR for phase I preliminary design engineering
services for the CBD Traffic Signal Upgrade Project.
ell RECOMMENDATION
It is recommended that the City Council authorize the City Manager to execute the agreement
with HLR in the not-to-exceed amount of$170,384.25.
BACKGROUND
The CBD traffic signal system, installed in 1989, has become outdated and is not adaptable to
changing traffic needs. This project will develop the operating parameters for a new system and
complete the preliminary design and cost estimates for that system. The first step in the project
will be a full investigation of the layout and functionality of the existing signal system, including
traffic counts and warrant analyses for all intersections with existing signals and for any
intersections that might be considered for signalization.
In addition, the traffic count data will be used to compare the pros and cons of re-instating two-
way traffic on Chicago Street and Highland Avenue (between State Street (IL Rte. 31) and
Center Street/Villa Street) with the function of the existing one-way couplet. This alternative was
a recommendation from the City's Riverfront Master Plan. A letter report will be provided to the
City for evaluation and a decision on how to proceed. Once that decision is made, a new
timing/coordination plan will be developed. Also a preliminary system design will be completed
along with projected costs and suggestions for possible phasing of the work.
Other issues included in the analysis and preliminary design will be the re-opening of Grove
Avenue in the Civic Center Plaza and the need to coordinate traffic movement along National
r CBD Traffic Signal Upgrade Project
April 9, 2004
Page 2
Street, from State Street to Villa Street. Finally, a signal coordination program will be developed
and installed for the signals on Kimball Street, from State Street to Dundee Avenue.
Requests for proposals for the above work were solicited from six firms, with five firms
submitting proposals on March 8, 2004. The firms responding were: Crawford, Murphy & Tilly;
Hampton, Lenzini & Renwick; H.W. Lockner; Stanley Consultants; and TranSystems. A staff
selection committee evaluated the five proposals, with HLR being selected as the most qualified
firm. Upon selection, HLR met with staff to finalize the project scope and negotiate a project
fee. The final negotiated fee is $170,384.25.
A project location map is attached as Exhibit A. A copy of the results of the selection process is
attached as Exhibit B. A copy of the proposed engineering services agreement is attached as
Exhibit C. This agreement will provide for preliminary design work outlined above. When
construction of the signal upgrade improvements is budgeted, an amendment to the contract will
be prepared to provide final plans, specifications and cost estimates for the identified. phases
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
�• None
iti.f__—FINANCIAL IMPACT
The agreement with HLR will cost $170,384.25. Funding in the amount of $300,000 was
budgeted in the Riverboat Fund, account number 275-0000-791.30-03, "Architectural and
Engineering Services"; project number 339670, "Center City Lights" to fund this project. The
full amount remains available for the project.
1 n, /LEGAL IMPACT
1 / /None
ALTERNATIVES
1. Approve the engineering services agreement with HLR.
2. Do not approve the agreement with HLR.
Respectfully submitted for Council consideration.
(do)
Attachments
EXHIBIT A
Project Location Map
. `
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CBD Traffic Signal Upgrade
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EXHIBIT B
Selection Committee Results
AVERAGE SCORE SHEET
CBD TRAFFIC SIGNAL UPGRADE
CONSULTANTS
H. W. Lochner TranSystems CMT HLR Stanley
SELECTION TEAM
Reviewer 1 1 7 3 9 5
Reviewer 2 3 1 5 7 9
Reviewer 3 1 9 3 7 5
Reviewer 4 3 7 1 9 5
Reviewer 5 1 7 5 3 9
TOTAL SCORE 9.00 31 .00 17.00 35.00 33.00
AVERAGE SCORE 1 .80 6.20 3.40 7.00 6.60
Notes: Assign Scores based on the following formula:
(9 - Highest, 7 - Second, 5 - Third, 3 - Fourth, 1 - Lowest)
EXHIBIT C
Engineering Services Agreement
AGREEMENT
THIS AGREEMENT,made and entered into this 24th day of March, 2004, 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 City of Elgin Central Business District(CBD) Traffic Signal
Upgrade project(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:
I. 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 to be provided by the Engineer include the following major tasks:
1. Coordination and data collection, including traffic counts,
2. Review and analysis of the existing traffic system and its quality of operations,
3. Analysis of one-way vs. two-way traffic flow alternatives in the CBD,
4. Analysis of a potential extension of Grove Street through the Civic Center Plaza,
2
5. Re-optimization of the Kimball Street and National Street traffic signal systems,
6. Engineering analysis of proposed improvements, estimated costs and construction
phasing,
7. Coordination meetings with the City, civic groups, the public and City Council.
C. A detailed Scope of Services is attached hereto as Attachment A.
IL PROGRESS REPORTS
A. An outline project milestone schedule is provided herein under.
1. The Letter Report presenting the findings of the analysis of the potential changes
to the Highland Street-Chicago street one-way couple will be delivered to the City
no later than August 1,2004.
2. The Preliminary Engineering Report will be delivered to the City no later than
September 15,2004.
B. A detailed project schedule for the Project is included as Attachment B, attached
hereto. Progress will be recorded on the project schedule and submitted monthly
as a component of the Status Report described in C.below.
C. 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.
III. 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.
3
W. PAYMENTS TO THE ENGINEER(Not To Exceed Method)
A. For services provided the ENGINEER shall be reimbursed at the rate of 3.03 times
the direct hourly rate of personnel employed on this PROJECT, with the total fee not
to exceed$170,384,25 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 percent. Any such fees are
included in the above referred amount of$170,384.25.
C. Included in the not to exceed fee of$170,384.25 are the following costs:
HLR Direct Costs $3,330.00
Land Strategies, Inc. (subconsultant fee) $30,950.00
Business Districts, Inc. (subconsultant fee) $8,085.00
els
D. The CITY shall make periodic payments to the ENGINEER based upon actual
progress within 30 days after receipt and approval of invoice. Said periodic payments
to the ENGINEER shall not exceed the 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.
Invoices for services provided will be submitted on a monthly basis, with payment
being due within 30 days of the date of invoice.
V. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the CITY.
Progress reports (IIC 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
/1/1, reasonable times during the Agreement period, and for a year after termination of this
Agreement.
4
VI. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof,the CITY may terminate this Agreement
at any time upon fifteen(15) days prior written notice to the ENGINEER. In the event
that this Agreement is so terminated,the ENGINEER shall be paid for services
actually performed and reimbursable expenses actually incurred prior to termination,
except that reimbursement shall not exceed the task amounts set forth under
Paragraph IV above.
VII. TERM
This Agreement shall become effective as of the date the ENGINEER is given a
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
e` acquire with respect to any term or provision of the Agreement.
VIII. NOTICE OF CLAIM
If the ENGINEER wishes to make a claim for additional compensation as a
result of action taken by the CITY,the ENGINEER shall give written notice of his
claim within 15 days after occurrence of such action. No claim for additional
compensation shall be valid unless so made. Any changes in the ENGINEER's fee
shall be valid only to the extent that such changes are included in writing signed by
the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR
relative to a claim submitted by the ENGINEER, all work required under this
Agreement as determined by the DIRECTOR shall proceed without interruption.
IX. BREACH OF CONTRACT
If either party violates or breaches any term of this Agreement, such violation
or breach shall be deemed to constitute a default, and the other party has the right to
seek such administrative, contractual or legal remedies as may be suitable to the
violation or breach; and, in addition, if either party,by reason of any default, fails
within fifteen(15)days after notice thereof by the other party to comply with the
conditions of the Agreement,the other party may terminate this Agreement.
5
X. 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, attorney's
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 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 reasonable legal counsel of the
CITY's choosing.
XI. 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
"0"' or because of their execution, approval or attempted execution of this Agreement.
XII. INSURANCE
A. Comprehensive Liability. The ENGINEER shall provide,pay for and
maintain in effect,during the term of this Agreement, a policy of comprehensive
general liability insurance 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.
6
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 Sinzle 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.
XIII. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES,
PROCEDURES AND SAFETY
The ENGINEER shall not have control over or charge of and shall not be
responsible for construction means,methods,techniques, sequences or procedures, or
for safety precautions and programs in connection with the construction, unless
specifically identified in the Scope of Services.
XIV. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement,
there shall be no discrimination against any employee or applicant for employment
because of sex, age,race, color, creed,national origin,marital status,of the presence
of any sensory,mental or physical 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.
7
XV. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the
successors and the assigns of the parties hereto; provided,however,that no
assignment shall be made without the prior written consent of the CITY.
XVI. DELEGATIONS AND SUBCONTRACTORS
Any assignment, delegation or subcontracting shall be subject to all the terms,
conditions and other provisions of this Agreement and the ENGINEER shall remain
liable to the CITY with respect to each and every item, condition and other provision
hereof to the same extent that the ENGINEER would have been obligated if it had
done the work itself and no assignment, delegation or subcontract had been made.
Any proposed subcontractor shall require the CITY's advanced written approval.
XVII. 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.
XVIII. SEVERABILITY
The parties intend and agreed that, if any paragraph, sub-paragraph, phrase,
clause or other provision of this Agreement, or any,portion thereof, shall be held to be
void or otherwise unenforceable, all other portions of this Agreement shall remain in
full force and effect.
XIX. HEADINGS
The headings of the several paragraphs of this Agreement are inserted only as
a matter of convenience and for reference and in no way are they intended to define,
limit or describe the scope of intent of any provision of this Agreement,nor shall they
be construed to affect in any manner the terms and provisions hereof or the
interpretation or construction thereof.
XX. MODIFICATION OR AMENDMENT
This Agreement and its attachments 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.
8
XXI. APPLICABLE LAW
This Agreement shall be deemed to have been made in, and shall be construed
in accordance with the laws of the State of Illinois. 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.
XXII. 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.
XXIIL COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants in the CITY's
employ or any work associated with the PROJECT.
11) XXIV. 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.
XXV. SEXUAL HARASSMENT
As a condition of this contract, the ENGINEER shall have written sexual harassment
policies that include, at a minimum, the following information:
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;
9
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.
XXVI. 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.
XXVII. NOTICES
All notices,reports and documents required under this Agreement shall be
in writing and shall be mailed by First Class Mail,postage prepaid,addressed as
follows: •
A. As to CITY:
JOHN LOETE,P.E.
Director of Public Works •
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER:
H. David Newkirk, P.E.
President/CEO
Hampton, Lenzini and Renwick,Inc.
380 Shepard Drive
Elgin, Illinois 60123-7010
10
IN WITNESS WHEREOF,the undersigned have placed their hands and seals upon and
executed this Agreement in triplicate as though each copy hereof was an original and that there
are no other oral agreements that have not been reduced to writing in this statement.
For the CITY:
ATTEST: THE CITY OF ELGIN
By By
City Clerk City Manager
(SEAL)
For the ENGINEER:
Dated this day of , A.D., 2004
ATTEST:
By By
Secretary President
(SEAL)
ATTACHMENT A
Project Approach and
Scope of Services
City of Elgin
Central Business District (CBD)
Traffic Signal Upgrade
Preliminary Engineering Study
Introduction
The City of Elgin has identified the need to review
fes_ �7
the layout and functionality of the traffic signal i e'
system in the downtown central business district ; fit
(CBD). The primary objectives of the preliminary
£. ", � -
engineering study will be to develop reasonable Z-zztOrAt -111
recommendations for overall system �. �= • ,� t) t
modernization and improvements, provide a
4 practical and coordinated construction program to ytitirtT
implement the improvements over time, and
finally to develop accurate planning-level cost
estimates to be used in the capital budget
process.
Prior to developing the recommendations and cost estimates, two potential downtown
i traffic flow changes will be examined, discussed, and a consensus reached with
downtown civic groups as the recommendations for these traffic flow changes will
directly impact the magnitude and extent of the improvements that may be required to
the downtown signal system. These two traffic circulation issues are:
• Feasibility and requirements of implementing two-way traffic flow on Chicago
Street and Highland Avenue.
• Re-establishing Grove Street in the Civic Center Plaza.
The project approach will place equal emphasis on both the engineering issues and the
ability to effectively communicate traffic flow issues and implications to the various
stakeholders involved in the downtown area such as the Riverfront Master Plan group,
the Downtown Neighborhood Association as well as City staff and the Fire Department
pre-emption team. The public involvement process for this project has been developed
to accomplish two objectives:
m.R
Central Business District(CBD) Scope of Services
Traffic Signal Upgrade City of Elgin
1. Successfully communicate the results of the "technical" aspects of the traffic
analyses, improvement alternatives, and recommendations to a variety of non-
technical "lay" groups to enable theses groups to understand and discuss the
results and implications of changes to downtown traffic flow.
2. Effectively work with these groups to arrive at a consensus in a timely manner in
order to finalize the study recommendations to meet capital budget cycle
deadlines. The ability to focus these groups on the specific traffic issues and not
on non-related downtown viability issues outside of the study scope will be critical
to meeting project deadlines.
Description of Scope of Services
The scope of services described below provides an explanation of the project approach,
work tasks to be conducted, and project deliverables. This description corresponds
directly with the detailed man-hour, direct cost, and fee for the project that follows this
explanation.
Task I: Coordination and Data Collection
This task provides for the collection of needed information in order to perform the
required traffic analyses and to develop the necessary traffic signal system
recommendations. More importantly, this task provides for the critical initial
coordination and communication with City staff and other project stakeholders to
establish a clear understanding of the City's expectation of the consultant team, the
issues to be addressed as part of the study, schedule, and the products (project
deliverables) to be provided to the City.
Work under this task includes the following items:
• Collection of peak hour and 12-hour traffic FEA 4.--.---,--,.:- ,
counts at existing signalized intersections 4 i
and intersections to be reviewed for traffic l_.. `� 3 0 , ,
signal warrants. All traffic counts x -z7,
conducted for this project will include T -- r i {�
classification of vehicle types (i.e. cars,
trucks, buses) and pedestrian volumes.
• Collection of all pertinent existing traffics
signal and roadway lans for the CBD,
Kimball Street and National Street.
• Obtain site plans, densities, etc. for any proposed development that will affect
downtown traffic (residential development surrounding Festival Park.)
• Obtain information relating to existing or planned City fiber-optic networks or
other communication networks that could potentially be utilized or enhanced as
part of the traffic signal system work.
11LR Page 2
Central Business District(CBD) Scope of Services
Traffic Signal Upgrade City of Elgin
C • Roadway and parking inventory (number of lanes, width, configuration, storage,
etc.) in the study area.
• Field inventory of traffic signal equipment and reconciliation with existing record
information.
• Field reconnaissance of the CBD area during ! ' 3
peak traffic periods to observe traffic operations. Lr + �,, ` 25
• Miscellaneous other information that may effect 1 - , �. r*
0./1 -
and impact signal system design (e.g. major - j + '.;'} t
utilities, vaulted sidewalks, streetcar/trolley car - -- ri
tracks, etc.
Careful review and inventory of existing traffic >'
signal equipment and facilities will be critical to � ' 'i
minimizing costs in the future by carefully
assessing the need to "replace" versus "relocate."
To assist in conducting the traffic counts; Hampton, Lenzini and Renwick, Inc. (HLR)
will be utilizing Land Strategies, Inc. as a sub-consultant. HLR has an ongoing
working relationship with Land Strategies on a variety of traffic engineering projects.
Task II: Existing Conditions/ System Review
0 A'" Utilizing the information collected under Task I, a review and evaluation of traffic
operations at the existing 15 signalized intersections and three unsignalized
intersections will be conducted. This work will also include a review of traffic signal
warrants. Synchro/SimTraffic or CORSIM simulation models of existing conditions will
be developed at this time. This information will then be complied into an "Existing
Conditions" report that will be reviewed and discussed with City Staff. This report will
provide a "base-line" comparison for the analyses to be conducted for the one-way
versus two-way circulation and the "re-opening" of Grove Street. The report will be
submitted to the City for review and revised if necessary. This information will also
serve as an introduction for meetings with the various downtown civic and business
groups.
Task Ill: Downtown Traffic Flow Alternatives Analysis
This task will include the first "round" of public meetings with the ` F °
Downtown Neighborhood Association, the Riverfront Master Plan E
Consultant, and other affected civic groups. Meetings with these groups -
will summarize the "Existing Conditions/ System Review" of traffic ' L
operations and focus on discussing the parameters and issues P Y4
associated with examining two-way traffic flow on Highland Avenue and C
kfit:F.
Chicago Street and the potential re-establishment of Grove Avenue. To f:
assist HLR in the facilitation of discussions with these various groups, z -
HLR will be working with the firm Business Districts, Inc. (BDI) as a sub- '
,� consultant. BDI specializes in the analysis of downtown business districts
and is familiar with the traffic related issues that downtown business
groups and neighborhoods have. BDI will assist in all public involvement activities and
liffiR Page 3
Central Business District(CBD) Scope of Services
Traffic Signal Upgrade City of Elgin
provide "peer review" to HLR on the formulation of downtown traffic alternatives (one-
way vs. two-way, etc.)
Coordination meetings with the Fire Department pre-emption team are also proposed to
take place at the beginning of this task and will focus on summarizing the existing traffic
signal system and equipment, and then focus on establishing future system and
intersection equipment needs. The capability/ need to provide system linkages to
existing fiber optic networks will be discussed as remote monitoring of traffic signals can
reduce maintenance effort by providing some level of intersection diagnostics from
remote locations. With many new urban traffic signal systems, video detection and
video surveillance (pan-tilt-zoom cameras) are being provided both for traffic
management and emergency management uses. Often improvements being
considered under "homeland security" can be interfaced with improvements to traffic
control systems resulting in an overall cost-savings by minimizing duplication of system
infrastructure.
In all of the public meetings to be conducted as part
r— , of this study, HLR is proposing to utilize Synchro/
1, -'`* %1 r'\; i SimTraffic and CORSIM to provide visual
�� simulations of traffic flow superimposed over aerial
I . 1 %‘ 1 : photography. HLR has found this presentation
""k -: • ,--a - : ;r, 1.1.• '- method very effective in communicating traffic flow
%,, „ 7_, -I. „ ti and operation issues to the general public. These
_ ;i. �, simulations have been recently used on HLR public
” ,.t. '\,N\:'''L involvement efforts in the City of St. Charles (IL-64
traffic signal system) and the City of Woodstock (IL-
47/Calhoun Street reconfiguration.)
In examining the feasibility of establishing two-way } H 4
traffic on Highland Avenue and Chicago Street, both ;.
the impacts of two-way traffic flow on these streets �:, iiia„
and the intersecting side streets will be studied. The ,� • Al '-''
need to provide left turn lanes, adjust/ reconfigure -
intersecting side street turn lane approaches, and the _ ,
resultant implication for potential removal of on-street ---:-'2--------'1"-- ---0----'
parking to accommodate these changes will be
examined carefully in order to fully assess the benefits and disadvantages of
establishing two-way traffic. This task will also include the assessment of impacts from
two-way operations on the off-street traffic
circulation at existing parking garages, parking
lots and the Metra/ PACE facility. The feasibility
of modifying these off-street facilities without large • _
cost implications will be evaluated. All of these ,m R ...
issues will have to be addressed and any �. <F J . lE ,' ,
,, .I A.3dT—G -
changes adequately quantified so the various ;;
stakeholders, including PACE and Metra, can .� , +` kms.- — ti, 1
1
MR Page 4
Central Business District(CBD) Scope of Services
Traffic Signal Upgrade City of Elgin
make an informed decision with respect to two-way traffic operations. Additional
coordination with the Illinois Department of Transportation (IDOT) and the Illinois
Commerce Commission (ICC) will be required to address potential railroad/ traffic signal
preemption issues that may arise from 2-way operation at the Illinois Route 31 (IL-31)
intersections with Highland Avenue and Chicago Street.
The potential re-opening of Grove Avenue will also have
to be evaluated for issues other than just traffic and
F, roadway requirements. The existing "right-of-way" is
s somewhat narrow and the adjacent grade of existing
�ulll
building accesses varies along the block. Impacts
i I�!l;�,s relating to establishing street level building accesses and
..!1,4►jl pedestrian traffic flows will be reviewed and evaluated as
part of this task.
Once the comments and concerns of the various stakeholders have been established
and discussed, Synchro/SimTraffic and/or CORSIM models will be developed to assess
the traffic flow and operational changes of these alterations and to identify the needed
changes in roadway configurations to accommodate these changes. The results of
these models and the necessary alterations to the downtown street system will be
summarized in a letter report. The report will also identify any major changes required
to the off-street facilities mentioned above. This report will be presented to City staff for
review and then an additional "round" of presentations made to the various groups and
stakeholders to summarize the analysis, benefits, impacts and recommendations. It is
anticipated that a presentation to the City Council summarizing all of the work
conducted to date and the recommendations on two-way traffic and Grove Avenue
would be made following the presentation to the Downtown Neighborhood Association
and other groups. Again, BDI will assist HLR in these public meetings.
Task IV: Kimball Street & National Street Signal Re-optimization
Additional peak hour traffic counts will be conducted at all signalized intersections along
Kimball Street and National Street. This information along with the results of Task II
and Task III will be utilized to develop new
optimized traffic signal timing plans for the
N:Grove.Ae
morning, mid-day and evening peak period
operations along these roadways. This
information will be implemented on both
corridors via existing telephone
connections and followed by a field review
of the implemented timing plans.
Revisions in the field will be made asf
necessary and complete copies of the
controller database settings and Synchro/ ter. k
SimTraffic data provided to the City.
Page 5
Central Business District(CBD) Scope of Services
Traffic Signal Upgrade City of Elgin
Task V: Preliminary Engineering Study & Final Report
Once a consensus has been reached by the City and all interested stakeholders with
respect to the one-way versus two-way operation and the Grove Avenue "re-opening,"
final traffic signal system requirements and overall improvement recommendations can
be developed. Based on coordination with City staff, the Fire Department pre-emption
team, and any other groups involved in system communication needs (video, fiber
optics, etc.) a traffic signal system schematic plan will be developed. This will serve as
the foundation/ "backbone" for implementation of the various constructionprojects that
will follow. Overall system requirements will be clearly identified as partof this plan so
that as each project is constructed, the necessary infrastructure is developed to allow
for future implementation of the total system.
If street improvements and reconfigurations are necessary, a geometric plan for
proposed CBD street improvements will be developed. Again, HLR has found it very
effective to present proposed roadway
changes graphically superimposed over
aerial photography. Individual , `
intersection traffic signal requirements �'`
will also be identified in addition to the - g ,
overall system requirements. Issues , , - _
such as replacement/ retrofitting of -
signal heads with LED's can be - :
examined and potential long-term cost ' r "
savings from decreased energy
consumption evaluated.
A significant portion of the work under this task will include the development of planning
level construction cost estimates and a construction implementation plan that will take
into account projected annual budgetary constraints. It is anticipated as part of this
scope that several different staging plans with associated cost estimates will have to be
developed, reviewed by City staff, and then revised again for review until a consensus is
reached with respect to implementation of the improvements. Coordination of schedule
and scope with other upcoming capital improvements in the downtown will be an
important part of this work task.
All of this information along with a summary of the previous tasks will be compiled into a
final report and presented to City staff for review. Provisions have been made in the
proposal for an additional public meeting/ City Council presentation to summarize the
overall project, the recommended improvements, estimated costs and implementation/
phasing options.
A detailed listing of all work tasks anticipated to be conducted as part this study along
with manhours and direct-cost estimates follows.
Page 6
ELGIN CBD 4FFIC SIGNAL UPGRADE PRELIMINARY ENGINEERIN JTUDY ATTACHML , A
ESTIMATED HLR, INC. WORK HOURS AND PROJECT FEE BREAKDOWN BY TASK 3
ITALICIZED TASKS TO BE PERFORMED BY SUBCONSUL TANTS_
TRAFFIC COUNTS BY LAND STRATEGIES, INC. HLR Work Hours by Total HLR HLR Sub- N
PUBLIC MEETING FACfUTATION&PEER REVIEW BY BUSINESS DJSTRiCTS. INC. Employee Class Engineering Direct Consultant m
E9 ES fl T4 Fee Cost F�Sq TOTALS ry
I. COORDINATION & DATA COLLECTION A
A HLR&BDI Kick-off meeting with City staff,including preparation time 2 4 $735.00 $560.00 $1,295.00
B. 12-hour intersection vehicle&pedestrian grunts @ 15 signalized intersections 0.5 $59.00 $13,625.00 $13,664.00 0
C. 12-hour intersection vehicle&pedestrian counts @ 3 unsignalized intersections $2,025.00 $2,025.00
C. Peek period intersection counts @ 2 signalized Intersections(E. ChIcagoJL 31, Highland/iL 31) $2,550.00 $2,550.00 N
E. Analyze raw Intersection traffic count data @ 20 Intersections 4 16 $1,416.00 $240.00 $1,656.00
F. Field reconnaissance of CBD study area, measurements,existing signal timings, 20 20 83,540.00 5300.00 $3,840.00
parking locations,cultural info, photos,observation of existing peak hour traffic operations
G. Obtain&review existing signal plans&controller data from City(17 intersections) 8 8 8 $2,468.00 $120.00 $2,588.00
H. Obtain&review:aerial photo,existing intersection plans,parking studies,Riverfront 16 S1.-886.00 $1,888.00
Master Plan,site Info&plans(or proposed downtown developments near Festival Park,
Info about City's existing&planned fiber-optic networks xi
I. QAWQC&Project Administration 3 $354.00 $354.00
Task I.Subtotal 10 55.5 44 $10,460.00 $660.00 $118,760.00 $29,880.00 Z
0
II. EXISTING CONDITIONS I SYSTEM REVIEW
A. Analyze signal warrants at 15 signalized intersections 4 12 $1,180.00 $180.00 $1,360.00
B. Analyze signal warrants at3 unsignalized Intersections 1 2 $236.00 $30.00 $266.00
C. Develop base map of existing conditions with aerial photo background 8 16 $1,868.00 $240.00 $2,128.00
D. SynchroiSimTraffic analysis of existing traffic on existing CBD street system 8 40 $5,772.00 $5,772.00
(17 signalized+3 unsignallzed intersections+network)
E. Consultant team meeting(HLR&601) 2 4 2 5853.00 $895.00 $1,748.00
F. Prepare existing conditions/system review report for Clly review(incl.peer review) 16 4 $2,124.00 $60.00 $420.00 $2,604.00
G. Meet with City staff to review&discuss report 2 4 $735.00 $735.00
H. Prepare revisions/adjustments for City review and acceptance 16 4 $2,124.00 $60.00 $2,184.00
I. QA1QC&Project Administration 5 $590.00 $590.00
Task II.Subtotal 12 98 40 $15,602.00 $570.00 $1,315.00 $17,387.00
III. DOWNTOWN TRAFFIC FLOW ALTERNATIVES ANALYSIS
A. Coordination meeting with City staff&Fire Dept Signal Preemption project teem 3 8 $1,102.50 $1,102.50
B. Public meeting with Downtown Neighborhood Association(Incl. preparation) 4 12 4 32,178.00 $60.00 15.00 $3,553.00
C. Public meeting with Riverfront Group 4 8 4 51.706.00 580.00 15.00 $3,081,00
O. Prepare traffic projections&trip assignments for proposed downtown site developments 10 $1,180.00 $1,180,00
E. SynchroiSimTraffic analysis of existing +projected traffic on existing CSD street system 8 16 S2,940.00 52,940.00 -,3
(17 signalized+3 unsignalized intersections+network) m
F. Analyze existing+projected traffic flow on proposed 2-way CBD street network
1) Distribute existing +projected traffic movements onto proposed 2-way system 24 $2,832.00 $2,632.00 an
2) Synchro/SimTrafftc analysis of proposed CBD street system 8 24 $3,884.00 -'-; $3,864.00
L. cri
(17 signalized+3 unsignalized intersections+network) (.4
G. Analyze impacts on PACE bus terminal operations with 2-way street system 6 $944.00 '' $944.00
H. Coordination with PACE, Metra, ICC &OCT concerning potential impacts of proposed changes 2 12 $1,416.00 $1,416.00
1. Analyze potential extension of Grove Street
1) Develop concept geometric plan for Grove Street extension 24 4 $3,068.00 $60.00 $3,128.00 m
RJ
2) Project/distribute existing traffic movements onto proposed system 8 $944.00 S944.00
G9
W
ATTACHMENT A
ELGIN CBD 4FFIC SIGNAL UPGRADE PRELIMINARY ENGINEERIN .,TUDY ATTACHML. . . A
ESTIMATED HLR, INC. WORK HOURS AND PROJECT FEE BREAKDOWN BY TASK D
ITALICIZED TASKS TO BE PERFORMED 8Y SUBCONSULTANTS, XI
TRAFFIC COUNTS BY LAND STRATEGIES, INC. HLR Work Hours by Total HLR HLR Sub- ry
PUBLIC MEETING FACILITATION&PEER REVIEW BY BUSINESS DISTRICTS, INC. Employee Class Engineering Direct Consultant cn
gil ga T7 T4 Efft Cost FM TOTALS ti
J. Prepare draft letter report presenting data,analyses,findings& recommendations(Incl,peer(evrew) 20 4 $2,598.00 560.00 $560.00 $3,216.00 m
K. Coordination meeting with City staff to review&discuss findings&reoammendatlons 2 4 $735.00 $735.00
L. Prepare revisionsfadjustments for City review and acceptance 24 4 $3,068.00 $60.00 $3,128.00 m
M. Public meeting with Downtown Neighborhood Association&Riverfront Group 24 $2,832.00 $815.00 $3,447.00 LP
N_ Preparation&presentation at City Council meeting 8 $944.00 $475.00 $1,419.00 W
O. Prepare final analyses&revisions,submit final letter report to City staff 4 20 4 $3,122.00 $60.00 $3,182.00
P. QA/QC&Project Administration 15 $1,770.00 $1,770.00
Task Ill.Subtotal 35 267 24 $37,261.50 $360.00 $4,280.00 $41,901.50
IV. KIMBALL STREET &NATIONAL STREET SIGNAL RE-OPTIMIZATION
A. Peak period intersection counts @ 10 sIgnallzed intersections(KlrnbeIl SI,National Si) 0.5 $59.00 $12,750.00 $12,809.00 =
B. Analyze raw intersection traffic count data @ 10 intersections 2 B $709.00 $120.00 $828.00 73
C. SynchrolSimTraffic analysis&optimization of Kimball Street&National Street systems 20 40 $7,350.00 $7,350.00 V
D. QA/QC&Project Administration 3 $354.00 $354.00 Z
Task IV.Subtotal 20 45.6 8 $8,471,00 $120.00 $12,750.00 $21,341.00
V. PRELIMINARY ENGINEERING STUDY& FINAL REPORT
A. Consultant team meeting(HLR&801) 2 4 2 $905.00 $895.00 $1,800.00
S. Develop geometric plan for proposed CED street improvements 60 24 $8,496.00 $360.00 $8,856.00
C. Develop traffic signal system schematic plan for proposed improvements 8 16 20 15 55,584.00 $240.00 $5,824.00
D. Develop communications/telemetry options for remote signal system monitoring 24 24 55,968.00 $5,968.00
E. Develop construction phasing plan for proposed improvements 3 40 20 $6,294.50 $300.00 58,584.50
F. Develop planning-level construction cost estimate for proposed Improvements 8 40 S4,344.00 $4,344.00
G. Develop draft preliminary engineering report(including peerrev4ew) 2 40 16 55,927.00 $240.00 $560.00 $6,727.00
H. Coordination meeting with City staff to review&discuss findings&recommendations 4 8 - $1,470.00 $1,470.00
I. Prepare revisions/adjustments for City review(several iterations possible) 3 24 20 16 $5,870.50 $240.00 $6,110.50
J. Additional coordination meeting with City staff to finalize findings for presentation to City Council 4 8 $1,470.00 $1,470.00
K. Preparation&presentation at City Council meeting 8 $944.00 $475.00 $1,419.00
L. Prepare final analyses&revisions,submit final preliminary engineering report to City 32 16 $4,720.00 $240.00 $4,960.00
M. QAIQC&Project Administration 20 $2.360.00 $2,360.00
Task V.Subtotal 50 292 82 109 $54,373.00 $1,620.00 $1,930,00 $57,923.00
Service Charge 159'x) $1,951.75 03
A
TOTAL ALL TASKS 127 768 82 2241 I $126,067.50 $3,330.00 $40,986.76 $170,384.25
m
Cr)
W
73
r9
W
m
W
ATTACHMENT A
ATTACHMENT B
City of Elgin
CBD Traffic Signal Upgrade Project
PROJECT SCHEDULE
Year 2004
Month April MayJune July August September October
Task Week 1 2 3 4 1 2 3 4 5 1 2 3 4 1 2 3 4 1 2 3 4 5 1 2 3 4 1 2 3 4
PHASE I
I. Coordination & Data Collection ■ 1
II. Existing Conditions/Systems Review
Public Meeting(s)
III. 2-Way Analysis& Public Meeting(s) ( ��
08/01 Traffic Flow Memorandum -
•
IV. Kimball/National Re-Opt
V. Preliminary Engineering Study ( Es
,
09/15 Final Report& Final Public Meeting _II
Consultant Work Time 121.1 Public/Stakeholders Meeting
•
INCity/Consultant Progress Meeting I Deliverable
Prepared By: Hampton, Lenzini and Renwick, Inc. 3/22/2004
•
SUBCONSULTANT AGREEMENTS
BUSINESS DISTRICTS, INC.
LAND STRATEGIES, INC.
c< ,
Project Scope
Ql
City of Elgin: CBD Traffic Signal Upgrade Facilitation/Consultation Services
Business Districts, Inc. (BDI), a firm specializing in the development of vital downtowns,joins
HLR's team in its study of two-way traffic on Highland and Chicago and reestablishing Grove
Street. BDI would facilitate meetings designed to identify neighborhood and business concerns
about the process, issues and benefits of the proposed traffic changes. BDI also would monitor
the design and modeling process to insure that the team's plans minimize neighborhood concerns
and maximize the business benefits of redesigning these roads. Team presentation to City staff
and public meetings would include participation by BDI.
Project Estimate
Hours
Existing Conditions
Project Kick-off 4
Consultant Team Meeting 6
Data review 3
Downtown Traffic Analysis
DNA Meeting preparation/framing issues 6
DNA Meeting 3
Riverfront Meeting preparation/framing is; 6
Riverfront Meeting 3
Peer review 4
DNA/Riverfront group presentation 4
City Council presentation 3
Report and Recommendations
Peer review 4
Consultant Team Meeting 6
Public meeting 3
55 $7,700
Expenses& Contingency $385
Total $8,085
City of Elgin Downtown Traffic Study
Business Districts, Inc. is the premier provider of business district
• ® c services for mid-sized municipalities. Business districts are as varied
'— as the communities which create and benefit from them. Whether they
are commercial cores, downtowns or retail corridors, business
r... ... ..: . •. districts share characteristics with shopping centers but also
- . „. _ :.. ' VI
announce and transmit the values of the communities they dwell in.
0 , Effective business district plans have always relied on analysis-based
.4iid
a strategic plans affirmed by community groups, businesses and
- government. But with increasingly tight municipal budgets, growing
citizen involvement and changing patterns of life, work and shopping
today, an effective business district plan must be more; it must include
organization structures--private public partnerships or designation of lead agencies—and reliable
financing mechanisms. In other words, today, an effective business district plan must include
implementation.
For a decade and a half, BDI has developed and implemented effective business district plans in
top communities throughout the Midwest. We have created thriving, marquee projects which
attest to both community resilience and BDI skill in ensuring long term results. With deep roots in
urban planning, commercial development and business management, and a flexible, hands-on
approach, BDI empowers those developing a business district to define, progress toward and
realize their commercial aspirations. The results are often dramatic.
At the core of BDI's services is the situation audit; a "where-do-we-go-from-here" diagnosis of a
business district's economic and physical conditions as well as its market demographics, retail
mix and prevailing codes. From this analysis, BDI constructs a strategic plan. Using "visioning"
workshops with constituent groups and the public and also expert input, the community will create
a fully implementable operation plan. Retailer support and developer recruitment are the
cornerstones of the plan as are staffing, management and continuing services.
Developing a business district that answers community expectations and city revenue needs
within municipal budget and scheduling parameters has never been more challenging. Yet never
has it been more rewarding. Today's commercial district is not just an economic entity but an
emotional and social one. It's a gathering place that connects a community's past and future and
affirms its values and cultural identity. Let BDI help you develop yours.
business districts.inc. A 627 Grove street • evanston,Illinois 60201 • 847 902 8152
.C.r
Resumes
iv
Bridget Lane
Vice President
Experience
Bridget Lane specializes in commercial revitalization strategy, fiscal impact analysis, market
analysis, and retail business development. Her ten years of experience as a retailing executive,
seven years as a professor and three years managing Downtown Evanston serve as a practical
foundation for her market research and business development consultations.
Recent clients included communities as diverse as North Aurora, Illinois; Mequon, Wisconsin; and
South Bend, Indiana. Bridget also has led retail business recruitment efforts and workshops in
business development for community development leaders. At the request of Plainfield, Illinois,
she analyzed the impact of a proposed 250 unit residential development. She developed store
audits for a major upscale man's clothier, created a retail store concept for a successful
wholesaler, and developed the marketing strategy for a newly created tax-exempt foundation.
Bridget conducts the basic research and analysis necessary to create business development and
marketing strategies, moderates focus groups, and develops consumer surveys.
Residential development impacts, industrial recruitment, neighborhood retail business
development and mixed use project enhancement have all been subjects of Bridget's research
and consulting work. She created university courses covering retail management, advertising,
introductory marketing and personal selling.
Bridget began her retailing career at Jb Robinson Jewelers, where she had line responsibility for
sales and profits in the company's largest region. She also sat on the executive committee
charged with policy development during the company's rapid expansion. She developed sales,
expense and profit budgets. New store location, display and start-up were under her supervision.
She implemented employee hiring and development programs.
Earlier in her career, Bridget served as a public and legislative relations coordinator for the Illinois
Department of Conservation. She was also a preservation planner at the National Trust for
Historic Preservation in the United States.
Affiliations
Bridget Lane has served on various committees and boards during the past 15 years, including a
term on her community's Economic Development Corporation and a position as Trustee of the
District 64 Elementary Learning Foundation. She is currently on the Board of the Pickwick
Theater Council.
Education
Before obtaining a Master's Degree in Business Administration from the Harvard Business
School, Bridget graduated from the University of Illinois with a degree in Urban Planning.
business districts,inc. A 627 grove street A evanston,illinois 60201 ♦ 847 902 8152
C
Resumes
.17
Bridget Lane
Selected Experience
Downtown and Corridor Business Development Action Plans
Downtown Romeoville, Romeoville, IL; Downtown Mequon/Thiensville, Mequon, WI; Downtown
Matteson, Matteson, IL; Downtown Plainfield, Plainfield, IN; Calumet Corridor, Harlem Avenue
Corridor, and Lincoln Avenue Corridor, South Suburban Mayors and Managers Association;
Massachusetts Avenue, Indianapolis, IN; Route 30, North Aurora, IL; Downtown Burlington,
Burlington, IA; Madison Street, Forest Park, IL; Roosevelt Road, Broadview, IL; Downtown
Quincy, Quincy, IL; Downtown Rockford, Rockford, IL; Downtown Roselle, Roselle, IL; Front
Street, Mokena, IL; Downtown Lake Forest, Lake Forest, IL; South Gateway, South Bend, IN;
Downtown Lake Bluff, Lake Bluff, IL; Downtown South Bend, South Bend, IN; Lincoln Way West,
South Bend, IN; Western Avenue, South Bend, IN; Downtown Winnetka, Winnetka, IL; Portage
Avenue, South Bend, IN; Downtown Grayslake, Grayslake, IL; Downtown Elkhorn, Elkhorn, WI.,
Oakland Street, Shorewood, WI, Calumet Corridor, Harlem Avenue Corridor, Route 30 Corridor,
Metra Electric Corridor.
Store Development
I Dream in Color, Hyde Park, Chicago, IL; New Balance Shoes, Highland Park, IL; Bountiful
Board, Lincoln Park, Chicago, IL; Aubrey's of Barrington, Barrington, IL; Franklin Products,
Chicago, IL; Bigsby & Kruthers, Chicago, IL.
Retailer Development Workshops
Topics:
Making an Old Store Look Good; 50 Ideas to Jump-Start Your Holiday Sales; Get More Bang for
Your Advertising Buck; Power-up Your Staff to Sell More; Low Cost Loss Prevention; You Can
Control Your Inventory; 50 Tips that Build Store Profits.
Communities:
Evanston, IL; Glen Ellyn, IL; Homewood, IL; Highland Park, IL; Park Ridge, IL; Hyde Park,
Chicago, IL; Woodstock, IL.
Community Surveys
Rockford, IL; Broadview, IL; Clarendon Hills, IL; Park Ridge, IL; Olympia Fields, IL; Hampshire,
IL.; Plainfield, IL, LaGrange Park, IL
College Level Courses Developed
Introduction to Marketing
Personal Selling
Retail Management
Advertising
Advertising Campaigns.
business districts,inc. A 627 grove street A evanston,illinois 60201 A 847 902 8152
■C
Resumes
11111111
Terrence M. Jenkins
President
Experience
For 12 years, Mr. Jenkins served as Executive Director of EvMark, the downtown management
organization for the City of Evanston. Working in concert with the public/private corporation board
of directors, Mr. Jenkins was fully responsible for the creation of annual goals and objectives. He
was accountable to the volunteer board for the achievement of programming to attain those
objectives.
Under Mr. Jenkins' direction, EvMark completed the development and implementation of a
comprehensive physical plan for the forty-block area of downtown Evanston. This innovative plan
was developed by a unique partnership of four local, prominent urban planning and design firms;
EvMark board of directors, City of Evanston staff and elected officials, retailers, landowners,
representatives of the arts, and the general public. Through Mr. Jenkins' efforts, EvMark became
a model for achieving results through an efficient part-time management process in concert with
an equally efficient use of professional subcontractors to achieve complete program objectives.
Prior to his association with EvMark, Terry Jenkins was Senior Vice President of Washington
National Insurance Company. He held marketing and administrative responsibilities for multiple
lines of business which encompassed $41 million in budgets, $80 million in premium income and
a staff of six hundred.
In addition to operating responsibilities, Mr. Jenkins was responsible for external relations with the
community, including downtown Evanston and other business districts. While with Washington
National, Mr. Jenkins served as the President of the Evanston Chamber of Commerce. Mr.
Jenkins' responsibilities with EvMark, Washington National and the Chamber of Commerce have
provided him with a unique balance of experience. He has been involved in public/private
downtown management, a corporate view of investment in the future of business districts, and
line experience with the Chamber of Commerce in articulating its role in business district
management and development.
Having served on various committees and boards during the past twenty years, Mr. Jenkins has
developed a strong understanding of the role of volunteer and not-for-profit efforts within a
community. Mr. Jenkins served as Chairman of the United Way, was President of Evanston's
Comprehensive Drug Treatment Program, and has served as President of the Evanston School
Project Earn and Learn. Mr. Jenkins was a member of the Evanston Committee on the Homeless.
Mr. Jenkins is a faculty member of the Leadership Evanston Program.
Education
Mr. Jenkins is a graduate of Northern Illinois University (1969). He has received a Fellowship in
the Life Office Management Association. Mr. Jenkins is also a Chartered Life Underwriter and is a
graduate of the Life Office Management Association Executive School.
•
business districts,inc. A 627 grove street A evanston,Illinois 60201 A 847 902 8152
c
.N
Resumes
Yl
Terrence M. Jenkins
Selected Experience
Corridor Development Action Plans
Roosevelt Road, Broadview, IL; Madison Street, Forest Park, IL; Front Street, Mokena, II; South
Gateway, South Bend, IN; Western Avenue, South Bend, IN; Lincoln Way, South Bend, IN;
Portage Avenue, South Bend, IN., Calumet Corridor, Harlem Avenue Corridor, Route 30 Corridor,
Metra Electric Corridor.
Downtown
Burlington, IA; Muscatine, IA; Quincy, IL; Rockford, IL; Lake Forest, IL; Lake Bluff, IL; South
Bend, IN; Winnetka, IL; Blue Island, IL; Grayslake, IL; Elkhorn, WI; Park Ridge, IL; Homewood,
IL; Evanston, IL; Highland Park, IL; Woodstock, IL; Zion, IL; Hazel Crest, IL., Mequon, Wisconsin
Supportive Services
Roosevelt Road, Broadview, IL; Front Street, Mokena, IL; Downtown South Bend, South Bend,
IN. Quincy, IL; Grayslake, IL; Elkhorn, WI; Park Ridge, IL; Homewood, IL; Evanston, IL; Zion, IL;
Hazel Crest, IL.
business districts, inc. A 627 grove street A evanston, illinois 60201 A 847 902 8152
Jar 05 04 05: 59p LAND STRATEGIES 773 305 0805 p. 2
LAND I STRATEGIES, INC
PLANNING/TRANSPORTATION/URBAN DISIGN
March 5,2004
Ms. Diane Lukas
Hampton, Lenzini and Renwick, Inc.
380 Shepard Drive
F Igin, Illinois 60123
Re: Downtown Elgin Traffic Data Collection— Elgin, Illinois
Dear Ms. Lukas:
The following is a proposal by Land Strategies, Inc. to provide Hampton, Lenzini and Renwick, Inc. with
Professional Traffic Engineering Services. This work will consist of traffic data collection in downtown
Elgin, Illinois. As requested we are presenting you with several different options for the data collection.
WORK l'ROGRAM OPTIONS
Option A - 12 Hour Manual Traffic Counts:
Land Strategies, Inc. will conduct manual turning movement traffic counts between the hours of 6:00 AM
and 6:00 PM on a weekday at 15-25 intersections in the Downtown area. Traffic counts will include
classification by passenger vehicle, single unit truck and heavy vehicles. The volume of pedestrians crossing
at each intersection will he counted.
Land Strategies, Inc. estimates that 6 -10 intersections can be counted per week based on the intersection
volume and geometry. We estimate that it will take approximately four weeks to complete the traffic counts
under option A.
For the basic services outlined in the Work Program under Option A, Land Strategies, Inc. will be
compensated with a fixed fee for professional services and reimbursable expenses. Some intersections may
require two traffic technicians (major intersections). while others can he counted by one technician (minor
intersection). The cost breakdown for each intersection type is shown below.
Major Intersection Cost Per Location:
Professional Fees: $1,150.00
Reimbursable Expenses: $ 125.00
Total Cost: $1,275.00
Minor Intersection Cost Pcr Location:
Professional Fees: $ 600.00
Reimbursable Expenses: $ 75.00
Total Cost: $ 675.00
Page I Ord 17(1(1 W r:r Irving Park RI+ar1, Suit. 202 Chicago. IL 60613
I Cltphonc: 773.305.0800 1'ac,imilr! 771 -10:MSOS
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par 05 04 05: 59p LAND STRATEGIES 773 305 0805 p . 3
LAND STRATEGIES, ME
1'1 ANNING/'rRANSPORTAT1ON/t1R1;AN t)1:ti1(;N
Option B - Peak Hour Manual Traffic Counts and 12 Hour Automatic Traffic Counts:
Land Strategics, Inc. will conduct peak hour manual turning movement traffic counts from the hours of 7:00
AM to 9:00 AM and from 4:00 PM to 6:00 PM on a weekday at 15-25 intersections in the Downtown arca.
Traffic counts will include classification by passenger vehicles, single unit trucks and heavy vehicles. The
volume of pedestrians crossing at each intersection will be counted.
In addition, automatic traffic recorders (ATR's) will be used on all approaching lanes of each intersection in
the study area for at least a 12-hour period from 6:00 AM to 6:00 PM on a weekday. Vehicle classification
will not be included.
Land Strategics, Inc. estimates that 6 -10 intersections can he manually counted per week based on the
intersection volume and geometry. We estimate 3-4 intersections can he counted per week using the ATRs.
We estimate that the manual traffic counts can be completed in four weeks and the ATR counts in eight
weeks.
For the basic services outlined in the Work Program under Option B, Land Strategies, Inc. will be
compensated with a fixed fee for professional services and reimbursable expenses. Some intersections may
require two traffic technicians (major intersections), while others can be counted by one technician (minor
intersection). The cost breakdown for each intersection type is shown below.
elluk Major Intersection Manual Count Cost Per Location:
Professional Fees: $ 650.00
Reimbursable Expenses: $ 100.00
Total Cost: $750.00
Major Intersection Automatic Count Cost Per Location:
Professional Fees: $400.00
Reimbursable Expenses: $ 75.00
Total Cost: $475.00
Miner Intersection Manual Count Cost Per Location:
Professional Fees: $ 325.00
Reimbursable Expenses: $ 75.00
Total Cost: S 400.00
Minor Intersection Automatic Count Cost Per Location:
Professional Fees: $ 300.00
Reimbursable Expenses: $ 75.00
Total Cost: S 375.00
Pugc 2 ol'4 1700 Wc,t Irving 1'4rk Road, Suite 202 Chicago, IL(0(I 1
Ir.Iephonr: 771,10C,ngn0 Fac.Iniilc: 77i.iUS.ONUS
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Mar, 05 04 05: 59p LAND STRATEGIES 773 305 0805 p. 4
�,..
LAND STRATEGIES, ®
PLANNING/TRANSPORTATION/URBAN DESIGN
Option C-Automatic Traffic Counts:
Automatic traffic recorders (ATRs) will he used at specific locations throughout the study area. Traffic data
will be collected for at least a 24-hour period on a weekday and will include bi-directional volume
breakdown where appropriate.
Land Strategies, Inc. estimates that 8 - 12 locations can be counted per week based on roadway width. Total
project time will depend on the total number of locations selected for data collection.
For the basic services outlined in the Work Program under Option C, Land Strategies, Inc. will he
compensated with a fixed fee for professional services and reimbursable expenses. Roadways greater than
48 feet in width will require two count boxes to be used to gather traffic data.
Major Roadway Automatic Count Cost Per Location:
Professional Fees: $200.00
Reimbursable Expenses: $ 75.00
Total Cost: $ 275.00*
Minor Roadway Automatic count Cost Per Location:
Professional Fees: $ 150.00
Reimbursable Expenses: $ 75.00
Total Cost: S 225.00*
* Please note that traffic counts can be conducted concurrently and the projected cost is based on one location
being surveyed at a time,doing so will lower the projected cost and reimbursable expenses for this option.
Reimbursable Expenses:
Land Strategies, Inc. shall he reimbursed for miscellaneous direct expenses incurred in connection with the
project including but not limited to:
• Data/reports/plans/studies/maps.
• Postage and delivery.
• Copying/faxes.
• Photography (film &development).
• Travel/mileage/tolls/parking.
• Long distance communication.
• Computer plots/color printing(if applicable).
These amounts shall be reimbursed at cost plus 10%for handling.
Invoicing:
Land Strategies, Inc. shall invoice Hampton, I,enzini and Renwick, Inc. at appropriate intervals for all
services and expenses provided/incurred up to the date of said invoice. Unpaid invoices after 30 days shall
he subject to a late fcc of 1.5%of the invoice total per month.
Pagc3n14 170(I Weer Irving Park Road, Sults 102 Chicagu, IL 6061.1
elrphonc: 773.30S.0300 hatisinaile: 77.1.30C.0Rf C
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Mar, Q5 04 06: OOp LAND STRATEGIES 773 305 0805 p . 5
LAND] STRATEGIES, INC
PLANNING/TRANSPORTATION/URBAN DESIGN
Termination:
This agreement may be terminated by either party 15 days after written notice. Land Strategies, Inc. shall be
paid for all services and expenses performed/incurred up to this date.
ADDMONAL SERVICES
If requested by I lampton. Lenzini and Renwick, Inc., Land Strategics, Inc. will provide Additional Services
associated with the projector uther planning services necessitated by and/ur related to changes in the Work
Program, including participation at public hearings or meetings regarding this development.
Additional Services Compensation:
Land Strategies, Inc. shall he compensated for Additional Services requested by the client on an hourly basis
in accordance with the firm's rate schedule current at the time the services are rendered. Land Strategies,
Inc. may prepare a cost estimate for any requested Additional Services prior to those services being rendered.
AUTHORIZATION
• Please indicate acceptance of this agreement by signing one copy and returning it to LAND STRATEGIES,
INC. Land Strategies, Inc. will begin work upon receiving written authorization to proceed via mail, lax, or
messenger.
fos,,. Please note that this proposal shall he binding for 45 days from the date of issuance (March 5, 2004).
Land Strategies, Inc. appreciates the opportunity to provide Hampton, Lenzini and Renwick, Inc. with
Professional Traffic Engineering Services.
Mr. Daniel N. Plottner, Senior Assoicatc Date:
LAND STRATEGIES, INC.
1700 West Irving Park Road, Suite 202
Chicago, Illinois 60613
Mr. James R.Lenzini, Vice President Date:
I IAMPTON,LENZINI and RENWICK, INC.
380 Shepard Drive
Elgin, Illinois 60123
r
Pugc4of4 1700 W.- r Irving Part: Rriarl Sint. 707 Chi..Ago, IL 60613
Telephone: 773.305.0900 Facalmilu: 773.305.0805
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,Mar. 05 04 06: OOp LAND STRATEGIES 773 305 0805 p• 6
LAND STRATEGIES, INC.
CONTRACTUAL TERMS AND CONDITIONS
r�CrEncraL
Tho icons and conditions set forth herein and in the attached cover letter constitute an ofT'ee by LAND STRATI:GIDS,INC.(LSI)to perform for the Client to
whom this cover letter is addressed.all of the professional design services described in said cover letter as Scope of Services for Client's proleet as defined therein. I.SI's
offer becomes a contract on these same tetra and conditions when accepted or acknnwhtdt!ed by Client or by LSI's commencing perti rmanec of the services. This
contract supercedes all previous understandings,if any.and cnnstintnu the entire ugr smart between LS1 and Client relating in the services. Pre-printed terms and
conditions on Client purchase vides arc not accepted regardless of when issued. I SI shill have the right,at its sole option,to rescind 11 offs if the servicers have not
commenced within nincxy(90)days of the dale of LS l's otter
i Sl'a Obligations: I.Sr will endeavor to perform its actvices using that degree of tare and skill ordinarily enereised by reputable members of its profession under similar
circumstances. No other warranty expressed or implied is made or intended.
Client Obligations: Client shall.or.his expense,provide full,complete and correct inlbrmation, including,but nut by way of limitation; a program of objectives,
constraints,criteria,and budget. ISI shall he entitled to rely upon the accuracy of the Client TLrnishcd information.
Consultant Services: Whore 1St procures consultant services such as, civil,structural. electrical, or environmental engineers, or other specialists required for the
Project,on behalf of the Client,L SI docs so as an adminlstmtive/invoicing convenience to the Client and such consultants shall be considered Client's independent
consultants TAT makes no representation of,and does not assume responsibility or liability for,the work or services for Client's indepeedcnt consultants. 1.51 shall he
entitled to tely upon the accuracy of services.including reports or surveys,provided by Client's independent consultants
Opinions of Probable Costs: LSI's opinions of probable cost represent its best Judgment as a planning/transportation professional and arc not guarantees by l S!of
actual construction cost LST has no control over material cost.labor,methods ofeonstructiurt or bid procedures. Accordingly.LSI does not warrant or represent that
contractor bids will not vary from the project budget or LSI's opinion of probable cost. If Client desires greater assurance of'cost,Client Shall engage the services of an
independent construct ion cost estimulur.
Additional Services: Changes In the scope or extent of services may be made from time to time by mutual written ugro rnrrrt Any additional services required because
of such changes will he charged at lSl's customary rata in ellbel at the time the services are rendered. Unless otherwise agreed in writing all Terms and Conditions of
this contract shall apply.Changes in theses Terms and Conditions can only be made by written consent or LSI.
Compensation and Payment: Client shall compensate I SI the amounts stipulated in the cover lata,however such amounts shall be subject to adjustment fur escalation
Il,through no fault of LSI,the services arc not completed within the tune stipulated in the cover loner. In addition to the amounts for sea vices,LSI shall he compensated
for reimbursable expenses such as travel(mileage,tolls.parking,accommodations),duplication,plotting,prints,messcYtger services,data,reports,studies,maps,postage,
lung distance communication,additional insured provisions or increased limits of insurance,and other reasonably identifiable costs incurred in connections with the
services. Such reimbursable expenses shall be invoiced at cost,plus 10%handling,and unless specifically stated otherwise in the cover hatter,ale in addition to any
amnunts stated as maximum compensation.
LSI Shall be entitled far payment for services rendered on the basis of I.SI's invoices submitted monthly. All invoices shall be due and payable within 30 days atter
receipt. Past due invoices shall accrue interest at the rate of one and one half percent per month. No retention shall he withheld. AU accounts receivable must he Currant
before LSI shall issue final drawings.reports,other documentation,or attend public mectingc/hearing on behalf olthc client,LSI reserves the right to stop services and/sx
withhold documents for reasons of non-payment and LSI shalt not hit liable fur delays,which may result from such stoppage.
In the case of lump-sum foe arrangements,invoices shall reflect the percentage of work completed as estimated by LSI to the date indicated on the invoice. A service
charrc of five percent ot'the invoice amount shall be lidded to all invoices prepared on special client forms or requiring tack-up time sheets,copies of receipts,and the
like. Waivers of Tien will be provided,upon request,after receipt by IA I of monies due.
Ownership of Documents: Any and all documents,plans,and reports in whatever form,including electronic media(disks,telecommunications,etc.)prepared pursuant
to or otherwise resulting from tins contract arc instruments of prufcssronal service and shall be and at all times ranain the sole properly of LSI. Clint shall be entitled to
retain hard copy of such documents,plans,and reports for informational use and reference. T.ST will not be responsible for any consequence of ro-toe,other use,or
adaptation of such documents without 1.51's ex press written eonsem.
Insurance: 1.S1 is protected by worker's compensation insurance,comprehensive general liability insurance and will furnish certificates upon request. Any additional
insurance or limits or 'additional insured endorsement"shall he provided as a reimbwsuble impulse at actual oast or!Al's scheduled charge. Client agrees Iv cause
contractor to (a)provide comprehensive general liability Incurarrce for the project naming Land Strategies. Inc. and Client as additional insureds; (b) to defend,
indemnify.and hold harmless land Strategics.inc.and Client from any and all losses,costs,damages,and menses resulting for the Contractor's work on the project,
including without limitation claims arising out of or in connection with construction worker injuries. Client agrees to notify LSI of the existence:of any pmjcct specific
professional liability policy applicable to the project,which includes LSI as an insured by name;or reference so shut LSI may,in a timely and effective manner coordinate
its own insurance progrcun. Should such a project spoeilic professional liability policy be purchased by Client or Client's contractors,Client agrees to make available to
LSI a certified copy ol'the policy and cooperate with LST in obtaining data with respect to the possible claims against the policy.
Disputa: If a dispute arises out of or relates to this contract,and if said dispute cannot be settled through direct discussions,dee patties hereto agree to first endeavor to
settle the dispute in an sinkable manner by mediation before having recourse to arbitration or a judicial forum.
Compliance.with Codes: LSI shall endeavor to comply with all applicable codes and regulations in effect,and as interpreted by building, arming and municipal
ollicials,at the time the services arc rendered;however. LSI shall not be responsible for changes to the project muffing from changes in local or applicable codes or
changes in interpretation thereof by authorities having jurisdiction.
Limitation of Liability: Client recognizca the inherent risks,rewards,and benefits of the project. Accordingly,Client agrees that,to the fullest extent permitted by law,.
Client shall defend,indemnify,and hold harmless LSi from and against any(define,daunttges.losses,costs,injuries,and expenses,including attorney's fees,arising out of
the project hereunder excepting lrom the indemnity and hold harmless obligations only those claims or portions thereof which are determined by a court to arise from
negligence of In no event shall Client be entitled to obtain from LSi,its agents.representatives,officers,employees.or independent contractors,damages,atLaing.
from 1.51's breach of this agreement,or for its failure to perform its services in accordance with the standard of care provided for herein,in races of 510,000.00 or the
total fee amount paid by Client,whichever is less. Damages as used herein shall include tort damages,contract damages.stout liability damages,liquidated damages,
reeconomic losses,penultics,fines,and attorney's foes. No claims shall he made more than two years atter substantial completion of the ptojecl.
Appllenhle Law: The rights and ohliyations ol'the parties under this contract shall be interpreted in accordance with and governed in all respects by the State of Illinois.
'termination and Cancellation: This contract may be terminated by either party upon fifteen days prior written notice. In the event of termination.LSI shall be
compensated by Client for all services preformed up to and meluding dee termination date,including reimbursable expenses,end/or rite completion of such services and
records as arc necessary to place. ISI's files in order and/or protect its prolbssional reputation. in the event of bankruptcy or Insolvency of Client or ii the financial
condition of Client at any time does not,in the judgment of LSI,justify continuance of work.ISI shall be entitled to cancel this cuntrict and recenve reimbursement for
its reasonable and proper eantellation charges.
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