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HomeMy WebLinkAbout90-0411 HLR qo- 0 ( • 1-1 LR CONSTRUCTION ENGINEERING SERVICES AGREEMENT LOCAL AGENCY CONSULTANT Municipality: Elgin Name: Hampton, Lenzini and Renwick, Inc. County: Kane Address: 380 Shepard Drive Project: Northwest Area Water Transmission Line City: Elgin State: ILtinois Zip Code: 60123-7010 ******************************************************************************* THIS AGREEMENT is made and entered into this ( 1 — day of j?cz t 1 , 1990 between the above Local Agency (LA) and Con- sultant (ENGINEER) and covers certain professional engineering services in con- nection with the construction of the above PROJECT. General Funds will be used entirety or in part to finance engineering services as described under AGREE- MENT PROVISIONS. WHEREVER IN THIS AGREEMENT the following terms are used, they shaft be interpreted to mean: RESIDENT ENGINEER LA employee directly responsible for construction of the PROJECT CONTRACTOR Company or companies to which the construction contract was awarded STATE Illinois Department of Transportation PROJECT DESCRIPTION Name Northwest Area Water Transmission Line Length 8,600 feet Termini: Ranch Road to McLean Boulevard Description: Instattation of a 24-inch water transmission main in River Road, Illinois Route 31 and Big Timber Road to Todd Farm Drive where the main will become 16 inches in diameter and continue in Big Timber Road to McLean Boulevard. : &I't— ko AGREEMENT PROVISIONS THE ENGINEER AGREES, 1 . To perform or be responsible for the performance of the following engineer- ing services for the LA in connection with the proposed improvement herein- before described, and checked below: a.(X) Proportioning and testing of concrete mixtures in accordance with the "Manual of Instructions for Concrete Proportioning and Testing" issued by the Bureau of Materials and Physical Research of the STATE and promptly submit reports on forms prepared by said Bureau. b.(X) Proportioning and testing of bituminous mixtures (including ex- traction test) in accordance with the "Manual of Instructions for Bituminous Proportioning and Testing" issued by the Bureau of Materials and Physical Research of the STATE, and promptly submit reports on forms prepared by said Bureau. c.(X) All compaction tests as required by the specifications and re- port promptly the same on forms prepared by the Bureau of Mate- rials and Physical Research. d.(X) Quality and sieve analyses on focal aggregates to see that they comply with the specifications-contained in the contract. e. (X) Inspection of all materials when inspection is not provided at the sources by the Bureau of Materials and Physical Research of the STATE, and submit inspection reports to the LA. f.(X) Inspect, document and inform the RESIDENT ENGINEER of the ade- quacy of the establishment and maintenance of the traffic con- trol. g.(X) Geometric control including all construction staking and con- struction layouts. h.(X) Quality control in the construction work in progress and the enforcement of the contract provisions in accordance with the contract specifications. i.(X) Measurement and computation of pay items. j.(X) Maintain a daily record of the CONTRACTOR'S activities through- out construction including sufficient information to permit ver- ification of the nature and cost of changes in plans and authorized extra work. -2- k.(X) Preparation and submission to the LA in the required form and number of copies, all partial and final payment estimates, change orders, records, documentation and reports required by the LA. t. (X) Revision of contract drawings to reflect installed conditions. 2. Engineering services shall include all equipment, instruments, supplies, transportation and personnel required to perform the duties of the ENGINEER in connection with the AGREEMENT. 3. To furnish the services as required herein within 24 hours of notification by the RESIDENT ENGINEER or authorized representative. 4. To attend conferences and visit the site of the work at any reasonable time when requested to do so by the LA. 5. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without the written consent of the LA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be con- strued to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. 6. That payment by the LA shall be as hereinafter provided. The ENGINEER shall submit invoices based on his progress reports to the RESIDENT ENGI- NEER not more often than once per month for partial payment on account for his work completed to date. 7. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable to improvements of the PROJECT and that he has sufficient property trained, organized and experienced per- sonnel to perform the services enumerated herein. 8. That the ENGINEER shall be responsible for the accuracy of the ENGINEER'S work and correction of any errors, omission or ambiguities due to the ENGI- NEER'S negligence which may occur either during prosecution or after accep- tance by the LA. He shall give immediate attention to any remedial changes so there wilt be minimal delay to the CONTRACTOR and prepare such data as necessary to effectuate corrections, in consultation with and without fur- ther compensation from the LA. THE LA AGREES, 1 . To furnish a RESIDENT ENGINEER to be in responsible charge of general su- pervision of the construction. 2. To furnish the necessary plans and specifications. -3- 3. To notify the ENGINEER at Least 24 hours in advance of the need for person- nel or services. 4. That for the performance by the ENGINEER of the services set forth above, the LA shall pay the ENGINEER as follows: a. For services provided by the ENGINEER'S staff, the ENGINEER will be compensated at the following hourly rates which will be consid- ered payment in full to the ENGINEER for actual employee time utilized to provide the required services, said rates include overhead and burden costs plus profit. Any overtime hourly re- quired will be charged at 1-1/2 times the Listed rates. Other out-of-pocket expenses will be reimbursed at the ENGINEER'S actual cost. Grade Classification (8911) of Employee Hourly Rate Senior Engineer $65.10 Engineer 5 59.35 Engineer 4 49.00 Engineer 3 40.60 Engineer 2 38.50 Engineer 1 36.40 Engineer in Training 30.80 Technician 5 42.00 Technician 4 39.20 Technician 3 32.90 Technician 2 26.60 Technician 1 22.40 Technician - Temporary 16.80 Clerical 30.25 Clerical - Temporary 21 .15 Accounting 37.95 These rates are in effect through June 30, 1990. In the event services are required after that date, the ENGINEER will submit revised rates to be utilized through June 30, 1991 . b. For quality control and material inspection services provided by a subconsuttant, the ENGINEER wilt be compensated at the cost of such services plus 5%. The cost of the services to be verified by furnishing the LA copies of the invoices from the subconsuttant. If the LA elects to retain the subconsuttant and pay for his ser- vices directly, the 5% charge by the ENGINEER will not apply. c. The total amount payable to the ENGINEER shall not exceed the fol- lowing unless there is a change in the scope, complexity or char- acter of the work, or there is an overrun in the time necessary for the ENGINEER to complete the work due to causes beyond his control. -4- • (1 ) For services provided by the ENGINEER'S staff: $48,900.00 (2) For quality control and material inspection services pro- vided by a subconsuttant: As required. If circumstances require adjustments to the total compensation to the ENGINEER, the adjustments shalt be determined through negotia- tion between the parties of this AGREEMENT. 5. Payment for Engineering Services. The LA, for and in consideration of the performance of the engineering services enumerated herein, agrees to pay to the ENGINEER for performing such services the fees hereinbefore established in the following manner: a. For the first 50% of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER in an amount equal to 90% of the value of the partially completed work minus att previous partial payments made to the ENGINEER. b. After 50% of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments covering work performed shalt be due and payable to the ENGINEER in an amount equal to 95X of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c. Final Payment. Upon approval by the LA, but not later than 60 days after the work is completed and all final measurements and reports have been made and accepted by the LA, a sum of money equal to the fee as determined by this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER under Section 5a and 5b of this AGREEMENT shall be due and payable to the ENGINEER. IT IS MUTUALLY AGREED, 1 . That the ENGINEER and his subconsuttants will maintain all books, docu- ments, papers, accounting records and other evidence pertaining to cost in- curred 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 LA. 2. That all services are to be furnished as required by construction progress and as determined by the RESIDENT ENGINEER. The ENGINEER shall complete all services specified herein within a time considered reasonable to the LA, after the CONTRACTOR has completed the construction contract. -5- 3. That all field notes, test records and reports shall be turned over to and become the property of the LA. 4. That this AGREEMENT may be terminated by the LA upon written notice to the ENGINEER at his last known post office address, with the understanding that should the AGREEMENT be terminated by the LA, the ENGINEER shall be paid for any services completed and any services partially completed. All field notes, test records and reports completed or partially completed at the time of termination shall become the property of, and be delivered to, the LA. 5. That any differences between the ENGINEER and the LA concerning the inter- pretation of the provisions of this AGREEMENT shall be referred to a com- mittee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LA, and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 6. That in the event the engineering and construction review services to be furnished and performed by the ENGINEER shall, in the opinion of the LA be incompetent or inadequate, the LA shall have the right to supplement the engineering and inspection force or to replace the ENGINEER. 7. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the CONTRACTOR'S safety precautions, or to means, methods, techniques or procedures the CONTRACTOR elects to use to complete his work. Omitted services include, but are not limited to, shoring, scaffolding, underpinning, temporary retainment or excavations and any erection methods and temporary bracing. • -6- SUCCESSORS AND ASSIGNS That the LA 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 re- spect to all covenants of this AGREEMENT. Executed by the LA: The City of Elgin of the State of Illinois, acting by and through its City Council. ATTEST: ByQ 3�.�.�� By City 0.8erk Mayor (SEAL) ******************************************************************************* Executed by the ENGINEER: Hampton, Lenzini and Renwick, Inc., 380 Shepard Drive, Elgin, Illinois 60123-7010. ATTEST: By \ `r � A By :/ Secretary ��--YY Pre ent (SEAL) ******************************************************************************* CERTIFICATION OF ENGINEER The ENGINEER certifies that he and his principals have not been barred from signing this AGREEMENT as a result of a violation of Sections 33E-3 and 33E-4 of the Criminal Code of 1961 (Chapter 38 of the Illinois Revised Statutes). For Hampton, Lenzini and Renwick, Inc. 3 c/ 90 By Date Pr dent • -7- • State of Illinois DEPARTMENT Of TRANSPORTATION SPECIAL PROVISION FOR EMPLOYMENT PRACTICES In addition to all other labor requirements set forth in this proposal and In the Standard Specifications for Road and Bridge Construction, adopted by the Department of Transportation, during the performance of this contract, the contractor for Itself, its assignees, and successors In interest (hereinafter referred to as the "contractor") agrees as follows: I. SELECTION OF LABOR The Contractor shall comply with all Illinois statutes pertaining to the selection of labor. II. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the contractor agrees as follows: (I) That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental handicap or unfavorable discharge from military service, 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 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, ancestry, age, marital status, physical or mental handicap or unfavorable discharge from military service. (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 Human Rights Act and the Department's Rules and Regulations. 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 Department of Human Rights 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 Department of Human Rights Rules and Regulations, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules and Regulations. (6) That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Illinois Department of Human Rights for purposes of Investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules and Regulations. (T) That it will include verbatim or by reference the provisions of this clause In every subcontract 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 Department of Human Rights In the event any subcontractor falls or refuses to comply therewith. In addition, the Contractor will not utilize any Subcontractor declared by the Illinois Human Rights Commission to be Ineligible for contracts or subcontracts with the State of Illinois or anyof its political Subdivisions municipal 'corporations. • - • LR 120 (Rev. 1419)