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HomeMy WebLinkAbout78-0629 JC Uecker THIS AGREEMENT, made and entered into this /, day of , 1978, by and between J. C. UECKER & ASSOCIATES , INC. , with offices at 450 Shepard Drive, Elgin, Illinois 60120, hereinafter referred to as the "ENGINEER", and the Public Agency of the CITY OF ELGIN, State of Illinois , hereinafter referred to as the "PUBLIC AGENCY", covers certain professional engineering services in connection with the proposed improvement designated as Commuter Parking Program, Elgin, Illinois , and consisting of three (3) facilities described as follows : Almora Heights Facility (providing approximately 260 parking spaces) , Chicago Street Facility (providing approximately 50 parking spaces) , and the National Street Facility (providing approximately 112 parking spaces) ; and will be financed with Federal and State funds allocated to the PUBLIC AGENCY and constructed under the general supervision of the State ' s Department of Transportation, hereinafter referred to as the "DEPARTMENT" . Any reference to the "STANDARD PROVISIONS" shall be construed to mean the "Standard Agreement Provisions for Consultant Services 1977" as published by the Illinois Department of Trans- portation, and such reference shall be incorporated and made part of this Agreement except as deleted or amended hereinafter. WITNESSET- THAT, in consideration of these premises and of the mutual covenants herein set forth, Section 1 PROFESSIONAL SERVICES PROVIDED Design Services THE ENGINEEI. agrees to perform or be responsible for the performance of the following engineering services in connection with the proposed improvement herein before described: A. Make such detailed surveys as are necessary for the preparation of detailed plans . B. Cause to be made such soil surveys or subsurface investigations including borings and soil profiles and analyses thereof as may be required to furnish sufficient data for the design of the proposed improvement . Such investigations to be made in accordance with the current requirements of the Illinois Department of Transportation. C. Make such traffic studies and counts , special intersection studies and preliminary plans as may be required to furnish sufficient data for the approval of final design of the proposed improvement. D. Make complete general and detailed plans , special provis- ions , proposals , and estimates of cost for the construction of three (3) parking lots containing approximately 422 parking spaces , including lighting, landscaping and drainage, and furnish the PUBLIC AGENCY with ten (10) copies of the plans, special pro- visions , proposals and estimates. Additional copies of any or all documents, if required, shall be furnished to the PUBLIC AGENCY by the ENGINEER at his actual cost for reproduction. E . Assist the PUBLIC AGENCY in the receipt and evaluation of proposals and the awarding of the construction contract. Section 2 REVIEW OF DOCUMENTS The ENGINEER agrees that all reports , plans , plats , and special provisions to be furnihsed by the ENGINEER pursuant to this AGREEMENT will be in accordance with the "Standard Specifications for Road and Bridge Construction" adopted July 1, 1976 by the Illinois Department of Transportation. it being under- 2 stood that all such reports , plats , plans and drafts , shall before being finally accepted, be subjected to approval by the PUBLIC AGENCY and the said DEPARTMENT. Section 3 CONFERENCES The ENGINEER agrees to attend conferences to be held at the request of the PUBLIC AGENCY in addition to normal visits for supervision purposes and visit to the site of and inspect the work at any reasonable time when requested to do so by the PUBLIC AGENCY or representatives of the DEPARTMENT . Section 4 DOCUMENTATION AND MAINTENANCE OF RECORDS The ENGINEER agrees that the basic survey notes and sketches , charts , computations and other data prepared or obtained by the ENGINEER pursuant to this AGREEMENT will be made available upon request to the PUBLIC AGENCY or the DEPARTMENT without cost and without restriction or limitations as to their use. The ENGINEER also agrees to maintain all records related to this AGREEMENT until such time as the terms of the AGREEMENT are satisfied. • n Se ti G Section 5 CHANGES The ENGINEER agrees to make such changes in working plans , including all necessary preliminary surveys and investigations , as may be required after the award of the construction contract and during the construction of the improvements . Section 6 ENDORSEMENT The ENGINEER agrees that all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be 3 ±�Y endorsed by him and will show his professional seal where such is required by law. Section 7 PERSONNEL The ENGINEER agrees to submit upon request by the PUBLIC AGENCY or the DEPARTMENT a list of the personnel and the equip- ment he proposes to use in fulfilling the requirements of this AGREEMENT. The ENGINEER represents that it has , or will secure at its own expense, all personnel required in performing the services under this AGREEMENT. All the services required hereunder will be performed by the ENGINEER or under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform such services . • None of the work or services covered by this AGREEMENT shall be subcontracted without the prior written approval of the PUBLIC AGENCY. Section 8 SPECIAL PROVISIONS FOR EMPLOYMENT PRACTICES The ENGINEER agrees that during the performance of work under this AGREEMENT the ENGINEER, for himself, his assignees and successors in interest agrees to conform to the requirements of the "Equal Employment Opportunity Clause", attached hereto and made a part hereof. The words "contract" and "contractor" in the special provision shall be interpreted to mean "Agreement" and "Engineer" respectively. 4 Section 9 METHOD OF PAYMENT AND MAXIMUM COMPENSATION , A. ' Design Services Subject to an upper Limit of Compensation of $21 , 161 .00, the ENGINEER shall receive from the PUBLIC AGENCY, as full payment for completing the design services required of him under this AGREEMENT, reimbursement of his eligible actual costs in accord- ance with Section 2.45 of the STANDARD PROVISIONS , plus a Fixed Amount of $1 , 790 .00 . The retainage provisions contained in Section 2 .42 of the STANDARD PROVISIONS shall not apply to Direct Non-Salary Costs . The attached Exhibit A is to be used as set forth in Section 2 .42 of the STANDARD PROVISIONS . B. Promptly upon receipt , review and approval of properly documented invoices , the PUBLIC AGENCY shall pay or cause to be paid to the ENGINEER not oftener than monthly, partial payments of the compensation specified in the AGREEMENT. Payment will be made in the amount of sums earned less previous partial payments and less the retainage. The retainage shall be 10% of the sums earned until the PROJECT is 50% complete and then held at this dollar amount until . the work is accepted. If the PUBLIC AGENCY chooses to delay acceptance of the work due to no fault of the ENGINEER or if a small part of the work must be delayed appreciably the PUBLIC AGENCY may elect to reduce the retainage to 2% until the work is accepted by the PUBLIC AGENCY and final payment is made. The sums earned shall be the ENGINEER' S certified reimburs- able costs (See Section 2 .45 of the STANDARD PROVISIONS) plus that percentage of the Fixed Amount equal to the percentage of completion shown on the Progress Report and approved by the 5 PUBLIC. AGENCY. The Direct Salary Costs shall be computed as cz. Direct Payroll plus the agreed percentage for Fringe Benefits shown on Attachement B to the AGREEMENT. Indirect Costs shall be computed as the percentage of Direct Payroll shown on Attach- ment C to the AGREEMENT. The percentages shown on Attachments B and C to this AGREEMENT are accepted by the PUBLIC AGENCY and are subject to public audit . C . The ENGINEER shall submit with his final invoice, an affidavit stating that all obligations incurred by him in performance of the work have been paid in full . The affidavit shall be on the form prescribed by the DEPARTMENT. The PUBLIC AGENCY will make final payment as above only after completion of an audit satisfactory to the DEPARTMENT and PUBLIC AGENCY, provided such audit is completed within sixty (60) • days of the PUBLIC AGENCY' S and DEPARTMENT 'S acceptance of the work. If the audit is not completed within the sixty (60) days , the PUBLIC AGENCY may make payment of the invoiced amount subject to adjustment upon completion of the audit. Section 10 TIME OF PERFORMANCE All work related to this AGREEMENT shall be completed and furnished to the PUBLIC AGENCY within 150 days after receiving notice to proceed from the PUBLIC AGENCY. Section 11 OFFICIAL NOT TO BENEFIT No member or delegate to the Congress of the United States of America, or the Illinois General Assembly, shall be admitted to any share or part of the AGREEMENT or to any benefit arising hereunder. 6 Section 12 COPYRIGHT >= No reports , or other documents produced in whole or in part under this AGREEMENT shall be subject to any application for copyright by or on behalf of the ENGINEER. Section 13 AUDIT AND INSPECTION OF RECORDS The ENGINEER shall permit the authorized representatives of the U. S . Department of Transportation, the Comptroller General of the United States , or the Illinois Department of Transportation to inspect and audit all data and records of the ENGINEER related to carrying out this AGREEMENT at any time within two (2) years after completion or other termination hereof. Section 14 PROHIBITED INTERESTS No member, or officer, or employee of the PUBLIC AGENCY • or of a local public body during his tenure or for one (1) year thereafter shall have any interest, direct or indirect, in this AGREEMENT or the proceeds thereof. Section 15 ASSIGNABILITY The ENGINEER shall not assign any interest in this AGREE- MENT, and shall not transfer any interests in the same without the prior written consent of the PUBLIC AGENCY hereto. Section 16 OWNERSHIP OF DOCUMENTS . All documents and reports prepared by the ENGINEER pursuant to this AGREEMENT shall be the property of the PUBLIC AGENCY. 7 Sectioft 17 TERMINATION OF AGREEMENT FOR CAUSE This AGREEMENT may be terminated by the PUBLIC AGENCY upon giving notice in writing to the ENGINEER at his last known post office address . Upon such termination, the ENGINEER, shall cause to be delivered to the PUBLIC AGENCY all drawings , specifications , partial and completed estimates , and data, if any from traffic studies and soil survey and subsurface investi- gations with the understanding that all such material becomes the property of the PUBLIC AGENCY. The ENGINEER shall be paid for the value of all acceptable work performed prior to the effective date of termination based on the payment terms of the AGREEMENT. Section 18 TERMINATION FOR CONVENIENCE OF THE PUBLIC AGENCY • The PUBLIC AGENCY may terminate this AGREEMENT at any time by giving written notice to the ENGINEER of such termination and specifying the effective date thereof. In that event, all fin ished and unfinished documents and other materials as described in Section 17 above, shall, at the option of the PUBLIC AGENCY, become its property. If the AGREEMENT is terminated by the PUBLIC AGENCY as provided herein, the ENGINEER will be com- pensated for the value of all accepted work performed prior to the effective date of termination based on the payment terms of the AGREEMENT. Section 19 EQUAL EMPLOYMENT OPPORTUNITY The ENGINEER will not discriminate against any employee or applicant for employment because of race, color, religion, 8 sex, age or national origin. The ENGINEER will take affirmative yf; action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, age, or national origin. Such action shall include, but not be limited to, the following : employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprent- iceship. The ENGINEER will , in all solictations or advertisements for employees placed by or on behalf of the ENGINEER, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age or national origin. • In addition, the ENGINEER shall comply with the "Equal Employment Opportunity Clause" attached hereto as Appendix B. It is understood that the term "constructor" as used in such Appendix shall mean "ENGINEER" . Section 20 PROGRESS REPORT The ENGINEER shall provide the PUBLIC AGENCY with a Progress Report every month. Section 21 INSURANCE The ENGINEER shall take out and maintain policies of insurance covering Workmen' s Compensation, Public Liability and Property Damage losses inform and amount reasonably necessary and sufficient to insure against losses incurred in performing its obligations pursuant to this contract. 9 Section 22 MINORITY BUSINESS ENTERPRISE !riP' In connection with the performance of this contract the ENGINEER will cooperate with the project sponsor in meeting his commitments and goals with regard to the maximum utilization of minority business enterprises and will use its best efforts to insure that minority business enterprises shall have the maximum practical opportunity to compete for sub—contract work under this contract. 10 • IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed in quadruplicate counterparts , each of which shall be considered as an original by their duly authorized officers as of the dates below indicated. Executed by the PUBLIC AGENCY, this ,).q. day of ��p (q71 . City of Elgin Kane County, State of ATTEST: Illinois , acting by By UAct 9?10 ; and through its Clerk MilINN `, I .BY Title : 0A4 , Executed by the ENGINEER, this day of Jv ,141789 . J. C. UECKER & ASSOCIATES, INC . ATTEST : %._ BY 1lth� ..cu‘ X.) By Title : h � � Ti e : 1 . APPENDICES r APPENDIX A , w VIA,lu•r wgWCr r Fw••%•M••..! COST AND PRICE ANALYSIS- RESEARCH AND DEVELOPMENT CONTRACTS 1 :: k.d..t a......?.t. O..RI)1 • •(Lin Icrm is to hr uvrd in Iicu n(FAA Form.V I:,o. ptnndrd ',ruler FAIR 2-I6._21.1}„ it..ill I•.: ►UNC,IASE REQUEST NUNUEA rreeutsJ and AulAnitir.1 will.),r. .caal. in rem•nnyr to"Itr,Iur•..t.for 1'roI.. . I'.,••tnr the prucure • - mrrtt of rr.r;lrch And.1,c Iu(•rnr'nl vrrY ICr.. If l four Co.1 .w'cuun II ng Ny.V•n.tl.-••+nut ps-nn It •FNn_.In.i♦of rn.I4 n. '''L"i'•'d, r..nl.1r"t lhr purch•.ang offIe. (or to,ILr,1n.tnel,nn.. NAME AND ADDRESS OF OFF LI1 II .TITLE OF PRJJECT - J.C. Becker & Associates , Inc . Commuter Parking Program 1 Elc,i_n Illinois 61120 Elgin, Illinois EST,MATED TOT AL •DETAIL DESCRIPTION NOUNS RATE/SOUR ESTIVATEO COST rnatl•r,) I.DIRECT LABOR(Spee.lr) Design Surveys 144 9_ 17 1350 Pavement Dec=i-An & Soils Apolyc.5 . 20 17.25 145 'irarfir Studios , JrP _ Dc'c g-1 £, P1anc 900 10_44 2flER 1 Contract 1.)Tarts C: Jocuirents 720 ,, U. 4 7515 Nt ifs . Bid Fvaluati nn Ft Cnnferonro 2.0._,. 17..2� .-. 34 5 TOTAL DIRECT LABOR . '.:.':, 1j 6L 7. BURDEN (U_Aead•specify) DEPARTMENT OR COST CENTER OUROLH RATEI X UASE - BURDEN IS/ I. . . Burden Fringe & Ovt_.rno:li' 5_3- 750/ 1 ? h4 l( r,2 5� 74 } ; . TOTAL BURDEN •l ' •c ' 3.DIRECT MATERIAL .44 Printing 200 +A{ TOTAL MATERIAL 200, •.SPECIAL TESTING/lu tadineir Id wad.at Cot ern+.+nt 14,10 llulian,) : TOTAL SPECIAL TESTING S. SPECIAL EOUIPMrNT fl(d.ree'ehurc.-specify it F.,h.eu a ) •. TRAVEL. (lid.rec,cAatce) :� L TRANSPORTATION _ -.. ..•h. PEq .lEM On SUaiIST ENCE 'ti TOTAL TR tvFL 7.CONSULTANTS(IJentily-purpose:rate) a. ' .: ScQl l Borin7s L �?e)�ort Soi 1s Consultant) 1200 - TOTAL CONSULTANTS ; 1L� _ ~ S.SUBCONTRACTS(Specify:on n an rrvrrar) n 9.OTHER DIRECT COSTS(Specify in F.ihibir R on releer-.+Iploln rorotry eour,iJ pn y) 19 �i91 to.. TOTAL DIRECT COST AND BURDEN - II.GENERAL ANO ADMINISTRATIVE EXPENSE ;Rate 12. TOTAL ESTIMATED COST y (• n 19,371 IT. FIXED FEE OR PROFIT (Stair louts. fur°mows.In propo...l) 1—OJO 2) 1, , /`,0 eta. TOTAL ESTIMATED COST AND FIXED FEE OR PROFIT 171 , 1. Ill FAA Form 4400-2 11-66) SUPERSEDES FAA FORK 3513-t Figure IIIC— --Cost 6 r Analysisl 8 P ce 003 41 Yf000 '' Page 1 of 2 . •I • • .. ••- • ✓:• ,...•�./• {•T-IK4.. • .0 .^nrI'IrtT4Tro ...1" 'KYTmalm r .F -aP► _•r .. r • IS. OVLRNQAO NATI AMO GCMf NAI AMU AOHIN I.T AA TIVE MAIL IN/Ot1MA T ION _...,."'..' _t A.GOVtM NM1iHT u A7 1T PER/OARED DATE or AUDIT ACCOUNTING PCRIOO COVLREO y __ 1VO V p,NAME AND AOOAtas ")A GOVERNVENT ACCMCY MAKING AUDIT C•DO YOUR COMT PACTS PROVIDE NEGOTIATED OVC;• ^' 1,1 • MEAD RATES/ 0NO u YE; [f/T+6 e.A.e C t• � • • • . Av..),Arent.eivt,rates) • D.Of n�fnvrrnn.e+t were ease less es Ishii Irked(.r`tA tA• /.(1...,ne ,n).,n+nt.on; y e —DE PANTMENT ON COST CENT EH — RATC —T ^NASE C N I TOTAL INOIn CT T.APESE ►OL •ASE FOR TOTAL ..] —, 10.LetI1IOIT A•S.J'CON THHAC I I HP()PIMA TION flf..re ...dad, as.ela' 7Ae.ir, t1.nu1r.nS ir•..,,,,.,,1../ NAM ANO AOOMt.fa OP $VeCONTRACTOnjaI •UCCD.TRAC TAO*OHM aVaCON TRACY TT/II A.+OVMY J 1 4 4 17. EAH1H4T el -OTHER nIRC CI COSTS(Sv..riff. If mare, spore n.rd.d, ... Ir,..A.Arius idenr,)r,ne trew n....Eer) , • • • • 1 CEKTIFICATE The labor t..tes and ovcncc•J coots are current and other*etlmated cost•have bocn detarminrd by generally Acccptrd ecceunilni prrociplea. llidJcr reprna.ut,: (.,) Ih..t he ( -1 hos. M (Ira not. Clplujeu nt tetaincd any company'or poreon fothe•Mon 0 ful1•1,4e bona ltd. enplo)ca ....rl,tnt Jolsly fur the bidder)to sheet or aee,ro hie contract, and (b) ale' h• 0 ha,YAhas not,paid or . agreed to pay to any corIl.Any Or person(athrr Shun a full-!tots bona frda eo.p(oyle worllna solely for the bt.JrrJ any(ct.comrnia- aion, perccnt.7gc or brokers jc (re, contini4cnt upon or reaulling (con she'weld of this COolrAct, snd s jeea to (arnla!t in1arpN3IiOA relating to(a) and (b)above. as relocated by the Contracting Officer. , (For'interyrct•Irion of the representation includtnj the tern 'bona fide empioyee,s es*(Cod.of F.derq(Ree4a4tose. Title b4, Port 150.) . NUMBER OI CO'7 THACTOR C1IPLOYCE>• STATE IMC OH FORAYED IN i'Yyoo ANO UMD(R a O V QR ISa 0ovaA )ao [Dave. t.000 Illinois DATE SIGNATURE AND To ILE Of AUTNORI1 CO NEPOrSdUTATIVE OI CON INACIOM 4/18/78 • • • • s--s';-..,r..:-7.,.-•_- - -- APPENDIX B EQUAL EMPLOYMENT OPPORTUNITY CLAUSE required by the Illinois Fair Employment Practices Commission as a material term of all public contracts : "EQUAL EMPLOYMENT OPPORTUNITY In the event of the contractor' s noncompliance with any provision of this Equal Employment Opportunity Clause , the Illinois Fair Employment Practices Act or the Fair Employment Practices Commission' s Rules and Regulations for Public Contracts , the contractor may be declared nonresponsible and therefore ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations , and the contract may be cancelled or avoided in whole or in part , and such other sanctions or penalities may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the contractor agrees as follows : (1) That it will not discriminate against any employee or applicant for employment because of race , color , religion, sex, national origin or ancestry; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. (2) That, if it hires additional employees in order to perform this contract, or any portion hereof, it will determine the availability (in accordance with the Commission' s Rules and Regulations for Public Contracts) of minorities and women in the area (s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. (3) That , in all solicitations or advertisements for employees placed by it or on its behalf , it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, national origin or ancestry. t. 3 Page 2 - (4) That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the contractor' s obligations under the Illinois Fair Employment Practices Act and the Commission' s Rules and Regulations for Public Contracts . If any such labor organization or representative fails or refuses to cooperate with the contractor in its efforts to comply with such Act and Rules and Regulations , the contractor will promptly so notify the Illinois Fair Employment Practices Commission and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder. (5) That it will submit reports as required by the Illinois Fair Employment Practices Commission' s Rules and Regulations for Public Contracts , furnish all relevant information as may from time to time be requested by the Commission or the contracting agency, and in all respects comply with the Illinois Fair Employment Practices Act and the Commission' s Rules and Regulations for Public Contracts . (6) That it will permit access to all relevant books , records ,accounts and work sites by personnel of the contracting agency and the Illinois Fair Employment Practices Commission for purposes of investigation to ascertain compliance with the Illinois Fair Employment Practices Act and the Commission' s Rules and Regulations for Public Contracts . (7) That it will include verbatim or by reference the provisions of paragraphs 1 through 7 of this clause in every performance subcontract as defined in Section 2. 10(b) of the Commission' s Rules and Regulations for Public Contracts so that such provisions will be binding upon every such subcontractor; and that it will also so include the provisions of paragraphs 1, 5 , 6 and 7 in every supply subcontract as defined in Section 2. 10(a) of the Commission' s Rules and Regulations for Public Contracts so that such provisions will be binding upon every such subcontractor. In the same manner as with other provisions of this contract , the contractor will be liable for compliance with applicable provisions of this clause by all its subcontractors ; and further it will promptly notify the contracting agency and the Illinois Fair Employment Practices Commission in the event any subcontractor fails or refuses to comply therewith. In addition, no contractor will utilize any subcontractor declared .r. Page 3 - by the Commission to be nonresponsible and therefore ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations . " • With respect to the two types of subcontracts referred to under paragraph 7 of the Equal Employment Opportunity Clause above, following is an ex - pt of Section 2 of the FEPC' s Rules and Regulations for .. is Contracts : "Section 2. 10. The �` � "Subcontract" means any agreement, arrangement or understanding , written or otherwise, between a contractor and any person (in which the parties do not stand in the relationship of an employer and an employee) : (a) for the furnishing of supplies or services or for the use of real or personal property, including lease arrangements , which, in whole or in part , is utilized in the performance of any one or more contracts ; or (b) under which any portion of the contractor' s obligation under any one or more contracts is performed, undertaken or assumed. "