11-19 T
r h
ELGIN
THE CITY IN THE SUBURBS
Date: February 22, 2011
To: Joe Evers, City Engineer
From: Jennifer Quinton, Deputy City Clerk
Subject: Resolution No. 11-19, Adopted at the January 26, 2011, Council Meeting
Enclosed you will find the agreement listed below. Please have these agreements signed and
executed by the responsive parties and return one fully executed copy to the City Clerk's
office for the City's records. If you have any questions please feel free to contact our office
847-931-5660 and we will do our best to assist you. Thank you.
• IDOT Construction Engineering Services Agreement for Federal Participation
with Hampton, Lenzini and Renwick, Inc. for the Kimball and National Streets
Project
Resolution No. 11-19
RESOLUTION
AUTHORIZING EXECUTION OF AN IDOT CONSTRUCTION ENGINEERING SERVICES
AGREEMENT FOR FEDERAL PARTICIPATION WITH HAMPTON, LENZINI AND
RENWICK, INC. FOR THE KIMBALL AND NATIONAL STREETS PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that
Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to
execute an IDOT Construction Engineering Services Agreement for Federal Participation on behalf
of the City of Elgin with Hampton,Lenzini and Renwick, Inc. for the Kimball and National Streets
project, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: January 26, 2011
Adopted: January 26, 2011
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
Local Agency Consultant
LBlois D�epartrnellt Hampton Lenzini and Renwick, Inc.
City of Elgin 0 of Transportation C
County C o Address
Kane A N 380 Shepard Drive
Section L S City
10-00181-00-TL u Elgin
Project No. A Construction Engineering L state
�
CMM 9003( ) Services Agreement —l1•
Job No. G For T Zip Code
C-91-164-11 E A 60123
Contact Name/Phone/E-mall Address N Federal Participation N Contact Name/Phone/E map Address
Joe Evers(847-931-5958) C T Doug Paulus(847-697-6700)
Evers_J@cityofelgin.org Y dpaulus@hlreng.com
THIS AGREEMENT is made and entered into this day of between the above
Local Agency(LA)and Consultant(ENGINEER)and covers certain professional engineering services in connection with the PROJECT
described herein. Federal-aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of
Transportation(STATE)will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS.
WHEREVER IN THIS AGREEMENT the following terms are used,they shall be interpreted to mean:
Regional Engineer Regional Engineer,Department of Transportation
Resident Engineer LA Employee directly responsible for construction of the PROJECT
Contractor Company or Companies to which the construction contract was awarded
Project Description
Name 1)Kimball Street;2)National Street Route 1)FAU 1314;2)FAU1326 Length 1.1 m Structure No. N/A
Termini 1)Illinois Route 31 to Dundee Avenue; 2)Illinois Route 31 to Villa Street
Description: Traffic signal modernization and system interconnect
Agreement Provisions
I. THE ENGINEER AGREES,
1. To perform or be responsible for the performance of the engineering services for the LA in connection with the PROJECT
hereinbefore described and checked below;
❑ a. Proportion concrete according to applicable STATE Bureau of Materials and Physical Research (BMPR) Quality
Control/Quality Assurance (QC/QA) training documents or contract requirements and obtain samples and perform
testing as noted below.
❑ b. Proportion hot mix asphalt according to applicable STATE BMPR QC/QA training documents and obtain samples
and perform testing as noted below.
❑ c. For soils,to obtain samples and perform testing as noted below.
❑ d. For aggregates,to obtain samples and perform testing as noted below.
NOTE: For la. through 1d. the ENGINEER is to obtain samples for testing according to the STATE BMPR "Project
Procedures Guide", or as indicated in the specifications, or as attached herein by the LA; test according to the
STATE BMPR "Manual of Test Procedures for Materials", submit STATE BMPR inspection reports; and verify
compliance with contract specifications.
❑ e. Inspection of all materials when inspection is not provided at the sources by the STATE BMPR, and submit
inspection reports to the LA and the STATE in accordance with the STATE BMPR "Project Procedures Guide"and
the policies of the STATE.
❑ f. For Quality Assurance services, provide personnel who have completed the appropriate STATE BMPR QC/QA
trained technician classes.
® g. Inspect, document, and inform the resident engineer of the adequacy of the establishment and maintenance of the
traffic control.
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® h. Geometric control including all construction staking and construction layouts.
i. Quality control of the construction work in progress and the enforcement of the contract provisions in accordance
with the STATE Construction Manual.
Measurement and computation of pay items.
►Z1 k. Maintain a daily record of the contractor's activities throughout construction including sufficient information to permit
verification of the nature and cost of changes in plans and authorized extra work.
® I. Preparation and submission to the LA by the required form and number of copies, all partial and final payment
estimates,change orders,records,documentation,and reports required by the LA and the STATE.
m- Revision of contract drawings to reflect as-built 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 twenty-four hours of notification by the resident engineer or authorized
representative.
4. To attend meetings and visit the site of the work at any reasonable time when requested to do so by representatives of the LA or
STATE.
•
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 construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT.
6. The ENGINEER shall submit invoices, based on the ENGINEER's progress reports,to the resident engineer no more than once a
month for partial payment on account for the ENGINEER's work completed to date. Such invoices shall represent the value to the
LA of the partially completed work,based on the sum of the actual costs incurred plus a percentage(equal to the percentage of the
construction engineering completed)of the fixed fee for the fully completed work.
7- That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable to
improvement of the SECTION; and that the ENGINEER has sufficient properly trained, organized and experienced personnel 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, omissions, or
ambiguities due to the ENGINEER'S negligence which may occur either during prosecution or after acceptance by the LA. Should
any damage to persons or property result from the ENGINEER's error, omission, or negligent act,the ENGINEER shall indemnify
the LA, the STATE, and their employees from all accrued claims or liability and assume all restitution and repair costs arising from
such negligence. The ENGINEER shall give immediate attention to any remedial changes so there will be minimal delay to the
contractor and prepare such data as necessary to effectuate corrections,in consultation with and without further compensation from
the LA.
9. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes,and local laws or ordinances of the LA.
10. The undersigned certifies neither the ENGINEER nor I have:
a. employed or retained for commission, percentage,brokerage,contingent fee or other considerations,any firm or person(other
than a bona fide employee working solely for me or the above ENGINEER)to solicit or secure this AGREEMENT;
b. agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or
person in connection with carrying out the AGREEMENT or
c. paid, or agreed to pay any firm, organization, or person(other than a bona fide employee working solely for me or the above
ENGINEER)any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out
the AGREEMENT.
d. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered •
transactions by any federal department or agency;
e. have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against
them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public
(federal, state, or local) transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, •
forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property;
f. are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local)with
commission of any of the offenses enumerated in paragraph e.of this certification;and
g. have not within a three-year period preceding this AGREEMENT had one or more public transactions(federal,state,or local)
terminated for cause or default.
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11. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA.
12. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent
amendment or supplement.
13. To submit BLR 05613, Engineering Payment Report,to the STATE upon completion of the work called for in the AGREEMENT.
II. THE LA AGREES,
1. To furnish a resident engineer to be in responsible charge of general supervision of the construction.
2. To furnish the necessary plans and specifications.
3. To notify the ENGINEER at least 24 hours in advance of the need for personnel or services.
4. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the
following compensation formulas:
Cost Plus Fixed Fee ® CPFF= 14.5%[DL+R(DL)+OH(DL)+IHDC],or
0 CPFF= 14.5%[DL+R(DL)+1.4(DL)+IHDC], or
❑ CPFF=14.5%[(2.3+R)DL+IHDC]
Where: DL=Direct Labor
IHDC=In House Direct Costs
OH=Consultant Firm's Actual Overhead Factor
R=Complexity Factor
Specific Rate 0 (Pay per element)
Lump Sum El
5. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409:
0 With Retainage
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,such payments to be equal to
90%of the value of the partially completed work minus all 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 shall be due and payable to the ENGINEER, such payments to be equal to
95%of the value of the partially completed work minus all previous partial payments made to the ENGINEER.
c. Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have
been made and accepted by the LA and the STATE, a sum of money equal to the basic fee as determined in this
AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to
the ENGINEER.
® Without Retainage
a. For progressive payments — 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, such payments to be equal to the value
of the partially completed work minus all previous partial payments made to the ENGINEER.
b. Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have
been made and accepted by the LA and STATE, a sum of money equal to the basic fee as determined in this AGREEMENT
less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER.
6. The recipient shall not discriminate on the basis on the basis of race, color, national origin or sex in the award and performance of
any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall
take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-
assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as
violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may
impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C.
1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S_C.3801 et seq.).
Page 3 of 7 BLR 05611(Rev.9/06)
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ill. It is Mutually Agreed,
1. That the ENGINEER and the ENGINEER'S 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.
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.
3. That all field notes, test records and reports shall be turned over to and become the property of the LA and that 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.
4. That this AGREEMENT may be terminated by the LA upon written notice to the ENGINEER, at the ENGINEER's last known
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. The percentage of the total services which have been rendered by the
ENGINEER shall be mutually agreed by the parties hereto. The fixed fee stipulated in numbered paragraph 4d of Section II shall be
multiplied by this percentage and added to the ENGINEER's actual costs to obtain the earned value of work performed. 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 interpretation of the provisions of this AGREEMENT shall
be referred to a committee 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 inspection services to be furnished and performed by the LA(including personnel furnished
by the ENGINEER)shall, in the opinion of the STATE be incompetent or inadequate,the STATE shall have the right to supplement
the engineering and inspection force or to replace the engineers or inspectors employed on such work at the expense of the LA.
7. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the
contractors safety precautions,except as provided in numbered paragraph if of Section I.
8. This certification is required by the Drug Free Workplace Act(30ILCS 580). The Drug Free Workplace Act requires that no grantee
or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property
or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the
certification may result in sanctions including,but not limited to,suspension of contract or grant payments,termination of a contract
or grant and debarment of contracting or grant opportunities with the State for at least one(1)year but no more than five(5)years.
For the purpose of this certification,"grantee"or"contractor means a corporation,partnership or other entity with twenty-five(25)or
more employees at the time of issuing the grant,or a department,division or other unit thereof, directly responsible for the specific
performance under a contract or grant of$5,000 or more from the State,as defined in the Act.
The contractor/grantee certifies and agrees that it will provide a drug free workplace by:
a. Publishing a statement:
(1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled
substance,including cannabis,is prohibited in the grantee's or contractor's workplace.
(2) Specifying the actions that will be taken against employees for violations of such prohibition.
(3) Notifying the employee that,as a condition of employment on such contract or grant,the employee will:
(a) abide by the terms of the statement;and
(b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than •
five(5)days after such conviction.
b. Establishing a drug-free awareness program to inform employees about: •
(1) the dangers of drug abuse in the workplace;
(2) the grantee's or contractor's policy of maintaining a drug-free workplace;
(3) any available drug counseling,rehabilitation,and employee-assistance program;and
Page 4 of 7 BLR 05611(Rev.9106)
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(4) the penalties that may be imposed upon an employee for drug violations.
c. Providing a copy of the statement required by subparagraph(a)to each employee engaged in the performance of the contract
or grant and to post the statement in a prominent place in the workplace.
d. Notifying the contracting or granting agency within ten (10) days after receiving notice under part(b) of paragraph (3) of
subsection a.above from an employee or otherwise receiving actual notice of such conviction.
e. Imposing a sanction on,or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by,any
employee who is convicted,as required by Section S of the Drug-Free Workplace Act
f. Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is required and
indicating that a trained referral team is in place.
g. Making a good faith effort to continue to maintain a drug-free workplace through implementation of the Drug-Free Workplace
Act.
9. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this
AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT-assisted
contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT,which may result in
the termination this AGREEMENT or such other remedy as the LA deems appropriate.
•
Agreement Summary
Prime Consultant TIN Number Agreement Amount
Hampton, Lenzini and Renwick,Inc. 36-2555986 $12,513.59
Sub-Consultants: TIN Number Agreement Amount
Soil and Material Consultants,Inc. 36-3094075 $688.00
Sub-Consultant Total: $688.00
Prime Consultant Total: $12,513.59
Total for all Work: $13,201.59
Executed by the LA: City of Elgin
(Municipality/Township/County)
ATTE T:
By:
By: •••
Diane Robertson Ed Schock
City Clerk Title: Mayor
Date: January 26, 2011.
(SEAL)
Executed by the ENGINEER:
Hampton,Lenzini and Renwick,Inc.
ATTEST:
By: By:
Title: Title:
Page 5 of 7 BLR 05611(Rev.9/06)
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Exhibit A-Construction Engineering
Route: FAU 1314, FAU 1319
Local Agency: City of Elgin *Firm's approved rates on file with !DOT'S
(Municipality/Township/County) Bureau of Accounting and Auditing:
Section: 10-00181-00-TL
Project: CMM 9003(723) • Overhead Rate(OH) 159.99 %
Job No.: C-91-164-11 Complexity Factor(R) 0.00
Calendar Days 20
Method of Compensation:
Cost Pius Fixed Fee 1 ® 14.5%[DL + R(DL)+OH(DL)+ IHDC]
Cost Plus Fixed Fee 2 ❑ 14.5%[DL + R(DL)+ 1.4(DL)+ IHDC]
Cost Plus Fixed Fee 3 ❑ 14.5%[(2.3 + R)DL+ IHDC]
Specific Rate El
Lump Sum ❑
Cost Estimate of Consultant's Services In Dollars
Employee Man- Payroll Payroll Services by In-House
Element of Work Classification Hours Rate Costs (DL) Overhead* Others Direct Costs Profit Total
(IHDC)
Const Observation Technician 6 120.00 $28.50 $3,420.00 $5,471.65 $0.00 $1,289.29 $10,180.94
0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Record Drawings Technician 5 8.00 $27.90 $223.20 $357.09 $0.00 $84.14 $664.43
Clerical Clerical 2 8.00 $25.05 $200.40 $320.61 $0.00 $75.54 $596.55
Project Administration Engineer 2 12.00 $30.00 $360.00 $575.96 $0.00 $135.71 $1,071.67
Materials QC/QA $688.00 $688.00
Totals 148.00 $4,203.60 $6,725.31 $688.00 $1,584.68 $13,201.59
Page 6 of 7 BLR 05611 (Rev.9/06)
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•
Exhibit B
Illinois Department
of Transportation Engineering Payment Report
Prime Consultant
Name Hampton, Lenzini and Renwick, Inc.
Address 380 Shepard Drive, Elgin, IL 60123
Telephone 847-697-6700
TIN Number 36-2555986
Project Information
Local Agency City of Elgin
Section Number 10-00181-00-TL
Project Number CMM 9003(732)
Job Number C-91-164-11
This form is to verify the amount paid to the Sub-consultant on the above captioned contract. Under penalty of law for
perjury or falsification, the undersigned certifies that work was executed by the Sub-consultant for the amount listed below.
Sub-Consultant Name TIN Number Actual Payment
from Prime
Soil and Material Consultants, Inc. 36-3094075
Sub-Consultant Total:
Prime Consultant Total:
Total for all Work
Completed:
Signature and title of Prime Consultant Date
Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory
purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as
concurring with the payment amount specified above.
Page 7 of 7 BLR 05611(Rev.9/06)
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�_;EFOR r `"c7 f,.A,AYOR & MEMBERS OF CITY COUNCIL — E LG I Ni
THE CITY IN THE SUBURBS
MEETING DATE: January 12, 2011
INITIATIVE H: Construction Engineering Services Agreement with Hampton Lenzini
and Renwick for Kimball and National Streets
COMMUNITY GOAL
• Financially Stable City Government: Preserve and enhance the city's sound and
resilient financial condition through long-term planning for service delivery and
infrastructure needs
OBJECTIVE
• Provide construction observation services necessary to conform to a grant
opportunity and with respect to the city's financial needs
PURPOSE
• To best position the City of Elgin to comply with grant and other funding
opportunities
RECOMMENDATION
• Authorize staff to execute construction engineering services agreement for
federal participation with Hampton Lenzini and Renwick, Inc. in the amount of
$13,202 for services necessary to comply with grant requirements on the city's
behalf
BACKGROUND
The attached agreement is a standard agreement developed by the Illinois Department of
Transportation (IDOT) for projects involving State or Federal funding as does the subject
project. As required by IDOT regulations, each phase of engineering must have its own services
agreement. The attached represents the second and final engineering services agreement for
this project.
In late 2008, the city was approved for a grant to finish the Central Business District (CBD)
traffic signal interconnection project. The CBD traffic signal interconnect project was reduced
in scope in order to accommodate budget limitations and construction proceeded in 2006. The 4f1)
work removed from this construction project included all of Kimball Street and all of National
Street. In 2008, the city applied for and received notice of grant funding to finish the
interconnection on these two streets.
In March of 2009, the city entered into an agreement with Hampton Lenzini and Renwick (HLR)
to prepare and submit the proper paperwork to IDOT to receive the funds as well as refine the
previously completed plans and bid documents. IDOT has now approved the plans as well as
the required paperwork.
The project is being scheduled for a January 2011 bid by IDOT and funding will include
Congestion Mitigation and Air Quality funds, a federal program. A copy of the Construction
Engineering Services Agreement is attached as Exhibit A.
OPERATIONAL ANALYSIS
The engineering services currently being considered will assist with project administration,
provide construction oversight and project close out in accordance with IDOT regulations. Using
HLR for these services is similar to the city's current process of using the design engineer as the
construction manager, with the difference being a new engineering agreement versus an
amendment to an existing agreement. Using the engineer of record provides continuity and
critical project knowledge between design and construction.
INTERESTED PERSONS CONTACTED
None.
FINANCIAL ANALYSIS
The construction observation is grant eligible, whereas the design effort was not. The design
engineering was $9,987 and has previously been funded. The construction observation, as
noted in the attached engineering services agreement, will be $13,202. The construction
estimate is approximately $142,650 for a total project cost of $165,840. Staff anticipates
reimbursement, from the State, at a maximum of$103,200 leaving$62,640 the responsibility of
the City. Approximately $10,000 of the $62,640 has already been expended using General
Engineering funds. The City has budgeted $130,000 for this project and therefore should
anticipate a large sum to be available for other projects upon IDOT's full reimbursement to the
City.
2
BUDGET IMPACT
FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT
BUDGETED AVAILABLE
N/A 276-0000-791.93-80 340025 $130,000 $130,000
LEGAL IMPACT
None.
ALTERNATIVE COURSES OF ACTION
The city council may choose to not approve the engineering services agreement with HLR.
NEXT STEPS
1. Execute the engineering services agreement with HLR
2. Execute the joint agreement with IDOT to approve grant funding
3. Submit both agreements to IDOT for their approval
4. Await IDOT approval and bid of the contract
Prepared by: Joe Evers, City Engineer
Reviewed by: David L. Lawry, Public Services Director
Reviewed by: William A. Cogley, Corporation Counsel/Chief Development Officer
Final Review by: Richard G. Kozal, Assistant City Manager/Chief Operating Officer
Approved by:
/1141 ",
Stegall, City Man er
ATTACHMENT
A: Construction Engineering Services Agreement
3
4)
Exhibit A
Illinois Department of Transportation
standard
CONSTRUCTION ENGINEERING
SERVICES AGREEMENT
•
Local Agency Consultant
L1�101S Department Hampton Lenzini and Renwick, Inc.
City of Elgin O of Transportation C
County C O Address
cane A N , 380 Shepard Drive
:.tion L S City
0-00181-00-TL U Elgin
Project No. A Construction Engineering L State
•
MG M 900(732) G Services Agreement T
Job No. For Zip Code
C-91-164-11 E A , 60123
Contact Name/Phone/E-mail Address N Federal Participation N Contact Name/Phone/E-mail Address
Joe Evers(847-931-5958) C T Doug Paulus(847-697-6700)
Evers_J@cityofelgin.org Y dpaulus@hlreng.com
THIS AGREEMENT is made and entered into this day of , between the above
Local Agency(LA)and Consultant(ENGINEER)and covers certain professional engineering services in connection with the PROJECT
described herein. Federal-aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of
Transportation(STATE)will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS.
WHEREVER IN THIS AGREEMENT the following terms are used,they shall be interpreted to mean:
Regional Engineer Regional Engineer,Department of Transportation
Resident Engineer LA Employee directly responsible for construction of the PROJECT
Contractor Company or Companies to which the construction contract was awarded
Project Description
Name 1)Kimball Street;2)National Street Route 1)FAU 1314;2)FAU1326 Length 1.1 m Structure No. N/A
Termini 1)Illinois Route 31 to Dundee Avenue; 2)Illinois Route 31 to Villa Street
Description: Traffic signal modernization and system interconnect
Agreement Provisions
I. THE ENGINEER AGREES,
1. To perform or be responsible for the performance of the engineering services for the LA in connection with the PROJECT
hereinbefore described and checked below:
•
❑ a. Proportion concrete according to applicable STATE Bureau of Materials and Physical Research (BMPR) Quality
Control/Quality Assurance (QC/QA) training documents or contract requirements and obtain samples and perform
testing as noted below. ••
❑ b. Proportion hot mix asphalt according to applicable STATE BMPR QC/QA training documents and obtain samples
and perform testing as noted below.
❑ c. For soils,to obtain samples and perform testing as noted below.
❑ d. For aggregates,to obtain samples and perform testing as noted below.
NOTE: For la. through 1d. the ENGINEER is to obtain samples for testing according to the STATE BMPR "Project
Procedures Guide", or as indicated in the specifications, or as attached herein by the LA; test according to the
STATE BMPR "Manual of Test Procedures for Materials", submit STATE BMPR inspection reports; and verify
compliance with contract specifications.
❑ e. Inspection of all materials when inspection is not provided at the sources by the STATE BMPR, and submit
inspection reports to the LA and the STATE in accordance with the STATE BMPR"Project Procedures Guide" and
the policies of the STATE.
❑ f. For Quality Assurance services, provide personnel who have completed the appropriate STATE BMPR QC/QA
trained technician classes.
g. inspect,document, and inform the resident engineer of the adequacy of the establishment and maintenance of the
traffic control.
•
•
Page 1 of 7 BLR 05611 (Rev.9/06)
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El h. Geometric control including all construction staking and construction layouts.
® i. Quality control of the construction work in progress and the enforcement of the contract provisions in accordance
with the STATE Construction Manual.
® j. Measurement and computation of pay items.
® k. Maintain a daffy record of the contractor's activities throughout construction including sufficient information to permit
verification of the nature and cost of changes in plans and authorized extra work.
® I. Preparation and submission to the LA by the required form and number of copies, all partial and final payment
estimates,change orders,records,documentation,and reports required by the LA and the STATE.
® m. Revision of contract drawings to reflect as-built 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 twenty-four hours of notification by the resident engineer or authorized
representative.
4. To attend meetings and visit the site of the work at any reasonable time when requested to do so by representatives of the LA or
STATE.
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 construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT.
6. The ENGINEER shall submit invoices, based on the ENGINEER's progress reports,to the resident engineer no more than once a
month for partial payment on account for the ENGINEER's work completed to date. Such invoices shall represent the value to the
LA of the partially completed work,based on the sum of the actual costs incurred plus a percentage(equal to the percentage of the
construction engineering completed)of the fixed fee for the fully completed work.
7• That the ENGINEER is qualified technically and Is entirely conversant with the design standards and policies applicable to
improvement of the SECTION; and that the ENGINEER has sufficient properly trained, organized and experienced personnel 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, omissions, or
ambiguities due to the ENGINEER'S negligence which may occur either during prosecution or after acceptance by the LA. Should
any damage to persons or property result from the ENGINEER's error, omission, or negligent act,the ENGINEER shall indemnify
the LA,the STATE, and their employees from all accrued claims or liability and assume all restitution and repair costs arising from
such negligence. The ENGINEER shall give immediate attention to any remedial changes so there will be minimal delay to the
contractor and prepare such data as necessary to effectuate corrections,in consultation with and without further compensation from
the LA.
9. That the ENGINEER will comply with applicable federal statutes,state of Illinois statutes,and local laws or ordinances of the LA.
10. The undersigned certifies neither the ENGINEER nor I have:
a. employed or retained for commission,percentage, brokerage,contingent fee or other considerations,any firm or person(other
than a bona fide employee working solely for me or the above ENGINEER)to solicit or secure this AGREEMENT;
b. agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or
person in connection with carrying out the AGREEMENT or
c. paid,or agreed to pay any firm, organization,or person(other than a bona fide employee working solely for me or the above
ENGINEER)any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out
the AGREEMENT.
d. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered
transactions by any federal department or agency;
e. have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against
them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public
(federal, state, or local) transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft,
forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property;
f. are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local)with
commission of any of the offenses enumerated in paragraph e.of this certification;and
g. have not within a three-year period preceding this AGREEMENT had one or more public transactions(federal, state, or local)
terminated for cause or default.
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11. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA.
12. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent
elk amendment or supplement.
13. To submit BLR 05613,Engineering Payment Report,to the STATE upon completion of the work called for in the AGREEMENT.
II. THE LA AGREES,
1. To furnish a resident engineer to be in responsible charge of general supervision of the construction.
2. To furnish the necessary plans and specifications.
3. To notify the ENGINEER at least 24 hours in advance of the need for personnel or services.
4. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the
following compensation formulas:
Cost Plus Fixed Fee ® CPFF=14.5%[DL+R(DL)+OH(DL)+IHDC],or
❑ CPFF= 14.5%[DL+R(DL)+1.4(DL)+IHDC],or
❑ CPFF= 14.5%[(2.3+R)DL+IHDC]
Where: DL=Direct Labor
IHDC=In House Direct Costs
OH=Consultant Firm's Actual Overhead Factor
R=Complexity Factor
Specific Rate 0 (Pay per element)
Lump Sum 0
ribk To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409:
0 With Retainage
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, such payments to be equal to
90%of the value of the partially completed work minus all 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 shall be due and payable to the ENGINEER,such payments to be equal to
95%of the value of the partially completed work minus all previous partial payments made to the ENGINEER.
c. Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have
been made and accepted by the LA and the STATE, a sum of money equal to the basic fee as determined in this
AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to
the ENGINEER.
® Without Retainage
a. For progressive payments — 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,such payments to be equal to the value
of the partially completed work minus all previous partial payments made to the ENGINEER.
b. Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have
been made and accepted by the LA and STATE, a sum of money equal to the basic fee as determined in this AGREEMENT
less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER.
6. The recipient shall not discriminate on the basis on the basis of race, color, national origin or sex in the award and performance of
any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall
take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-
assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as
rpm, violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may
impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C.
1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C.3801 et seq.).
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III. It is Mutually Agreed,
1. That the ENGINEER and the ENGINEER's 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 time
during the AGREEMENT period and for three years from the date of final payment under this AGREEMENT, for inspection by th
STATE, Federal Highway Administration or arty authorized representatives of the federal government and copies thereof shall be
furnished if requested.
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.
3. That all field notes, test records and reports shall be turned over to and become the property of the LA and that 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.
4. That this AGREEMENT may be terminated by the LA upon written notice to the ENGINEER, at the ENGINEER's last known
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. The percentage of the total services which have been rendered by the
ENGINEER shall be mutually agreed by the parties hereto. The fixed fee stipulated in numbered paragraph 4d of Section II shall be
multiplied by this percentage and added to the ENGINEER's actual costs to obtain the earned value of work performed. 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.
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5. That any differences between the ENGINEER and the LA concerning the interpretation of the provisions of this AGREEMENT shall
be referred to a committee 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 inspection services to be furnished and performed by the LA(including personnel furnished
by the ENGINEER)shall, in the opinion of the STATE be incompetent or inadequate,the STATE shall have the right to supplement
the engineering and inspection force or to replace the engineers or inspectors employed on such work at the expense of the LA.
7. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the
contractor's safety precautions,except as provided in numbered paragraph 1f of Section I.
8. This certification is required by the Drug Free Workplace Act(30ILCS 580). The Drug Free Workplace Act requires that no grantee/
or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property
or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the
certification may result in sanctions including,but not limited to,suspension of contract or grant payments,termination of a contract
or grant and debarment of contracting or grant opportunities with the State for at least one(1)year but no more than five(5)years.
For the purpose of this certification,"grantee"or"contractor"means a corporation,partnership or other entity with twenty-five(25)or
more employees at the time of issuing the grant, or a department,division or other unit thereof,directly responsible for the specific
performance under a contract or grant of$5,000 or more from the State,as defined in the Act.
The contractor/grantee certifies and agrees that it will provide a drug free workplace by:
a. Publishing a statement:
(1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled
substance,including cannabis,is prohibited in the grantee's or contractor's workplace.
(2) Specifying the actions that will be taken against employees for violations of such prohibition.
(3) Notifying the employee that,as a condition of employment on such contract or grant,the employee will:
(a) abide by the terms of the statement;and .
(b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than
five(5)days after such conviction.
b. Establishing a drug-free awareness program to inform employees about: •
(1) the dangers of drug abuse in the workplace;
(2) the grantee's or contractor's policy of maintaining a drug-free workplace;
41411)
(3) any available drug counseling,rehabilitation,and employee-assistance program;and
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Page 4 of 7 BLR 05611 (Rev.9/06)
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(4) the penalties that may be imposed upon an employee for drug violations.
c. Providing a copy of the statement required by subparagraph(a)to each employee engaged in the performance of the contract
or grant and to post the statement in a prominent place In the workplace.
d. Notifying the contracting or granting agency within ten (10) days after receiving notice under part (b) of paragraph (3) of
subsection a.above from an employee or otherwise receiving actual notice of such conviction.
e. imposing a sanction on,or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by,any
employee who is convicted,as required by Section S of the Drug-Free Workplace Act.
f. Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is required and
indicating that a trained referral team is in place. •
Makingagood faith effort to continue to maintain a drug-free workplace through implementation of the Drug-Free Workplace
g. 9- P 9 P 9-
Act.
9. The ENGINEER or subconsultant shall not discriminate on the basis of race,color,national origin or sex in the performance of this
AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT-assisted
contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT,which may result in
the termination this AGREEMENT or such other remedy as the LA deems appropriate.
Agreement Summary
Prime Consultant: TIN Number Agreement Amount
Hampton,Lenzini and Renwick,Inc. 36-2555986 $12,513.59
Sub-Consultants: TIN Number Agreement Amount
Soil and Material Consultants, Inc. 36-3094075 $688.00
Sub-Consultant Total: $688.00
Prime Consultant Total: $12,513.59
Total for all Work: $13,201.59
Executed by the LA: City of Elgin
(Municipality/Township/County)
ATTEST:
By: By:
City Clerk Title:
(SEAL)
Executed by the ENGINEER:
Hampton,Lenzini and Renwick,Inc.
ATTEST:
By: By:
ale: Title:
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Exhibit A-Construction Engineering
Route: FAU 1314, FAU 1319
Local Agency: City of Elgin *Firm's approved rates on file with !DOT'S
(Municipality/Township/County) Bureau of Accounting and Auditing:
Section: 10-00181-00-TL .
Project: CMM 9003(723) Overhead Rate(OH) 159.99 %
Job No.: C-91-164-11 Complexity Factor(R) 0.00
Calendar Days 20
Method of Compensation:
Cost Plus Fixed Fee 1 ® 14.5%[DL +R(DL) +OH(DL)+ IHDC]
Cost Plus Fixed Fee 2 ❑ 14.5%[DL + R(DL)+ 1.4(DL)+ IHDC]
Cost Plus Fixed Fee 3 ❑ 14.5%[(2.3 + R)DL+ IHDC]
Specific Rate ❑ •
Lump Sum ❑
Cost Estimate of Consultant's Services in Dollars
Employee Man- Payroll Payroll Services by In-House
Element of Work Classification Hours Rate Costs (Dl_) Overhead* Others Direct Costs Profit Total
(IHDC)
Const Observation Technician 6 120.00 $28.50 $3,420.00 $5,471.65 $0.00 $1,289.29 $10,180.94
0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Record Drawings Technician 5 8.00 $27.90 $223.20 $357.09 $0.00 $84.14 $664.43
Clerical Clerical 2 8.00 $25.05 $200.40 $320.61 $0.00 $75.54 $ 596.55
Project Administration Engineer 2 12.00 $30.00 $360.00 $575.96 $0.00 $135.71 $1,071.67
Materials QC/QA _ $688.00 $688.00
Totals 148.00 $4,203.60 r $6,725.31 $688.00 $1,584.68 $13,201.59
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• Exhibit B
rr*Illinois Department
Qf Transportation Engineering Payment Report
Prime Consultant
Name Hampton, Lenzini and Renwick, Inc.
Address 380 Shepard Drive, Elgin, IL 60123
Telephone 847-697-6700
TIN Number 36-2555986
Project Information
Local Agency City of Elgin
Section Number 10-00181-00-TL
Project Number CMM 9003(732)
Job Number C-91-164-11
This form is to verify the amount paid to the Sub-consultant on the above captioned contract. Under penalty of law for
perjury or falsification,the undersigned certifies that work was executed by the Sub-consultant for the amount listed below.
Sub-Consultant Name TIN Number Actual Payment
from Prime
Soil and Material Consultants, Inc. 36-3094075
r
_ ,
. .
_,
Sub-Consultant Total:
Prime Consultant Total: _
Total for all Work
Completed:
Signature and title of Prime Consultant Date
Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory
purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as
ncurrinp with the payment amount specified above.
rig
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