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HomeMy WebLinkAbout79-0514 Riverside Drive Bridge -4q-oSl`- AGREEMENT THIS AGREEMENT, made and entered into this / day of ltdAyy , 1979 , by and between Alfred Benesch & Company, 233 Nohth Michigan Avenue, Chicago, Illinois 60601 , hereinafter called the "ENGINEER" and the City of Elgin, County of Kane, State of Illinois , hereinafter called the "CITY" covers certain professional engineering services such as the preparation of preliminary and final construction plans and contract documents , estimate of cost and other related services required for the investigation of the rehabilitation of the Riverside Drive bridge which is designated as: REPAIRS TO RIVERSIDE DRIVE BRIDGE BETWEEN E. CHICAGO .--f AND E. HIGHLAND AVENUE IN ELGIN , KANE COUNTY, ILLINOIS WHEREVER in this AGREEMENT the term "STATE" is used it shall be interpreted to mean the State of Illinois , Department of Transportation, Divi- sion of Highways . WHEREVER in this AGREEMENT the term "COUNTY" is used it shall be interpreted to mean the County of Kane, State of Illinois . WITNESSETH THAT, in consideration of these premises and of the mutual covenants herein set forth. THE ENGINEER AGREES , • 1 . To perform the following professional services for the CITY, in connection with the proposed improvement hereinbefore described: a. Make a reconnaissance survey of the project and a detailed investigation of the visible portions of the structure to determine the extent of the repairs. b. Based upon the information collected in "a" above, plans of the existing structure and other information available determine what corrective action is required. -1- er e-an Alec��6� ' rGState neet\�9n - • c. Prepare preliminary plans (known as TSL drawings) for the reconstruction of the bridge, including minor approach work and bridge drainage. d. Prepare final construction plans based on the preliminary plans prepared under "c" above and approved by the CITY and the STATE. • e. Prepare Engineering Cost Estimate and Bidding Documents for the PROJECT. 2. That all plans , plats , estimates , bidding documents, specifications and special provisions be furnished by the ENGINEER in accordance with Section 1 of THE ENGINEER AGREES shall be in accordance with the current standard speci- fications and policies of the STATE, it being understood that all such reports, plans, plats, estimates and drafts shall, before being finally accepted, be sub- ject to approval by the CITY and the STATE. During the performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER'S possession and any such loss or damage shall be restored at the ENGINEER'S expense. 3. To attend conferences to be held at the request of the CITY and visit the site of the work at any reasonable time when requested to do so by the CITY or representatives of the STATE. 4. That tracings, plans, specifications , estimates, maps and other docu- ments prepared by the ENGINEER in accordance with this AGREEMENT shall be delivered to and become the property of the CITY and that basic survey notes, sketches, charts and other data prepared or obtained in accordance with this AGREEMENT shall be made available, upon request, to the CITY, or to the STATE, without restriction or limitation as to their use. S. That he will save harmless the CITY, any other governmental agency, or any representative of the CITY or any other governmental agency from all claims and liabilities due to activities of himself, his subcontractors, his agents or his employees and that he will carry adequate insurance to provide such pro- tection. 6. That he will comply with all applicable Federal Statutes, State of Illinois Statutes, local laws or ordinances of the COUNTY and the CITY. 7. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties with- out the written consent of the CITY. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. 8. That all plans , specifications, estimates, plats and other docu- ments furnished to the CITY by the ENGINEER in accordance with this AGREEMENT shall be endorsed by him and shall show his professional seal where such is required by law. 9 . That payment by the CITY in accordance with Section 3 of THE CITY AGREES will be considered as payment in full for all services rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT. 10. That he is qualified technically and is entirely conversant with the design standards and policies applicable to the proposed improvement; and that he has sufficient properly trained, organized and experienced personnel to per- form the services enumerated herein. 11 . That no work shall be commenced by the ENGINEER on any phase prior to issuance by the CITY of a written Notice to Proceed. 12. To commence the work within 10 calendar days , and to complete the services provided for herein within 80 calendar days , from the date of said Notice to Proceed, excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER. 13. That this AGREEMENT may be terminated at any time by the CITY 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 CITY, all drawings , specifications , partial and completed estimates and data, if any, from soil survey and subsurface investigation with the under- standing that all such material becomes the property of the CITY. The ENGINEER shall be paid for any services completed and any services partially completed in accordance with Section 3 of THE CITY AGREES. 14. That he and his subcontractors will maintain all books , documents, papers, accounting records and other evidence pertaining to cost incurred and to make such materials available at their respective offices at all reasonable times during the AGREEMENT period and for three years from the date of final • payment under this AGREEMENT, for inspection by the STATE, Federal Highway Administration, or any authorized representatives of the Federal Government and copies thereof shall be furnished if requested. . -3- 15. THE ENGINEER WARRANTS that he has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER, to solicit or secure this AGREEMENT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, broker- age fee, gifts , or any other consideration, contingent upon or resulting from the award or making of this AGREEMENT. For breach or violation of this warranty, the CITY shall have the right to annul this AGREEMENT without liability, or, in its discretion to deduct from the AGREEMENT price or con- sideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. THE ENGINEER FURTHER AGREES, Nondiscrimination - U.S . Civil Right Act of 1964 (1) Compliance with Regulations: The ENGINEER will comply with the Regulations of the Department of Transportation relative to nondiscrimina- tion in federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21 , hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this AGREEMENT. (2) Nondiscrimination: The ENGINEER, with regard to the work per- formed by him after award and prior to completion of the AGREEMENT work, will not discriminate on the ground of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The ENGINEER will not participate either directly or indirectly in the discrimination prohibited by Section 21 .5 of the Regulations, including employment practices when the AGREEMENT covers a program set forth in Appen- dix B of the Regulations. (3) Solicitations for Subcontracts , Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the ENGINEER for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the ENGINEER of the ENGINEER'S obligations under this AGREEMENT and the Regulations relative to nondiscrimination on the ground of race, color, or national origin. (4) Information and Reports: The ENGINEER will provide all informa- tion and reports required by the Regulations , or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the • CITY, STATE or the Federal Highway Administration to be pertinent to ascertain -4- - • • compliance with such Regulations , orders and instructions. Where any infor- mation required of the ENGINEER is in the exclusive possession of another who fails or refuses this information, the ENGINEER shall so certify to the CITY, STATE or the Federal Highway Administration as appropriate, and shall set forth what efforts they have made to obtain the information. (5) Sanctions for Noncompliance: In the event of the ENGINEER'S noncompliance with the nondiscrimination provisions of this AGREEMENT, the CITY shall impose such contract sanctions as the CITY, STATE or the Federal Highway Administration may determine to be appropriate, including, but not limited to, (a) withholding of payment to the ENGINEER under the AGREE- MENT until the ENGINEER complies, andjor (b) cancellation, termination or suspension of the AGREEMENT, in whole or in part. (6) Incorporation of Provisions: The ENGINEER will include the pro- visions of paragraph (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations , order or instructions issued pursuant thereto. The ENGINEER will take such action with respect to any subcontract or procurements as the CITY, STATE or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the ENGINEER becomes involved in, or is threatened with, litigation with a sub- contractor or supplier as a result of such direction, the ENGINEER may request the CITY to enter into such litigation to protect the interests of the CITY, and, in addition, the ENGINEER may request the STATE or the United States to enter into such litigation to protect the interests of the STATE or-the United States. THE CITY AGREES , 1. To furnish the ENGINEER with all presently available survey data, plans and information useful to the work to be done by the ENGINEER. 2. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT a lump sum fee of $10,000. a. The ENGINEER shall be paid upon rendering a statement not more often than once a month. Monthly partial pay- ments shall be based on progress reports submitted by the ENGINEER and approved by the CITY, less 5% retention. Upon approval of the final contract docu- ments, the ENGINEER shall submit the final invoice for payment by the CITY, and they shall receive final pay- went not later than 60 days after acceptance of the contract documents by the CITY. . b. In the event, upon written order of the CITY, the ENGINEER is required to.perform Extra Work, they shall receive, in addition to the Prime Compensa- tion, payment for such Extra Work on the basis of actual salary payroll plus One Hundred Twenty- Five Percent (125%) to cover overhead and profit. 3. If this AGREEMENT is terminated for the convenience of the CITY, payment to the ENGINEER shall be made promptly for the portion of the work and services required under this AGREEMENT. Payment for the partial work and services as actually performed shall be in direct proportion to the total work and services required under the AGREEMENT, less any payments previously made. If this AGREEMENT is term' -,ted because of the failure on the part of the ENGINEER to fulfill his undertal. -ig under this AGREEMENT, the CITY may take over and prosecute the work and services to completion. The ENGINEER shall be paid the reasonable value of the services rendered and delivered to the CITY up to the time of termination. The value of the services rendered and delivered and the amount to be paid shall be determined by the CITY. SUCCESSORS AND ASSIGNS, That the CITY and the ENGINEER bind themselves , their successors , executors, administrators, and assigns to the other party of this AGREEMENT, and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this AGREEMENT. IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals at t) /G, '0 , Illinois, this /f./.1 day of ,L/Ay 19 79 . FO' THE ENGINEER lir ill 2-0-11-1"/V I. . gt,•:..2 1. OR E Ato 1111 . J •1 ATTEST: