HomeMy WebLinkAbout75-1217 H.W. Lochner . . .
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AGREEMENT
THIS AGREEMENT, made and entered into this 17 day of December
1975 by and between the City of Elgin, State of Illinois, hereinafter referred to as
the CITY, and H. W. Lochner, Inc. , 20 North Wacker Drive, Chicago, Illinois,
Consulting Engineers, hereinafter referred to as the ENGINEER.
WITNESSETH THAT:
WHEREAS, the CITY desires to contract engineering services in connection
with the proposed construction of a bridge across the Fox River between Summit
Street on the east and Wing Street on the west and related improvements along
Summit and Wing Streets from Dundee Avenue on the east to Weston Avenue
on the west, such services to include location studies; environmental impact
statement; design plans, specifications and estimates; public hearings, meetings
and project applications and preparation of related documents.
WHEREAS, the ENGINEER, an experienced firm of national repute, has
expressed a willingness to provide such engineering and consulting services and
is available to prepare such plans and documents and agrees to furnish engineer-
ing services required in connection herewith as set forth in Section I.
NOW, THEREFORE, in consideration of the mutual covenants, herein con-
tained, the parties hereto mutually covenant and agree as follows.
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SECTION I. ENGINEERING SERVICES
INTRODUCTION
Set forth below is the general sequence of work elements and analyses to be con-
ducted during this study. The basic prupose of this assignment is to prepare
necessary contract plans and supporting documents to permit construction of the
proposed improvement. Procedures to be utilized during the course of the work
will be those generally established as standard procedures by the Illinois Depart-
ment of Transportation and the Federal Highway Administration for project of
similar scope.
The Scope of Work which follows, and which comprises the individual work ele-
ments, is based on the following generalized project characteristics:
1. Total project length —Weston Avenue • to Dundee Avenue —
approximately 12, 050 feet.
2. Total structure length — present Illinois Route 31 to east of
the easterly Chicago and North Western freight tracks —
approximately 1, 750 feet; if the easterly Chicago and North
Western tracks are crossed at grade total structural length is
reduced to approximately 1, 400 feet.
3. The structural crossing of the Fox River is to be in conform-
ance with the standards of the Illinois Division of Water-
ways and other appropriate agencies, structural crossings
of the Milwaukee Road and North Western rail tracks in
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conformance with the standards of the Illinois Department of
Transportation.
4. Provision of a four-lane bridge pavement, with shoulders and
a pedestrian-bicycle path or walkway.
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5. Provision of a four-lane pavement on an expanded Summit
Street right of way between the east bridge approach and
Dundee Avenue; provision of a full four-lane pavement in the
Wing Street right of way (expanded where necessary) between
the west bridge approach and Weston Avenue.
6. Rail track removal, relocation and/or consolidation would be
studied to further reduce construction costs, vehicle operating
costs, traffic flow interferances and project impacts.
The Scope of Work which follows sets forth the detailed step-by-step work pro-
gram for completion of the project.
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SCOPE OF WORK
The work elements that follow are generally related to the sequence of opera-
tions for completion of the work. There is obviously some overlap between
functions and data collection and analysis phases of the work can often be
accomplished simultaneously for two or more work elements. Although the
individual work elements which are outlined here are grouped in five basic
categories each element is considered independently.
A. Preliminary Planning and Design
1. Inventory and Reconnaissance - this initial effort would be
directed to inspecting the corridor and examining in detail the
alternatives, including a no-improvement alternative, for loca-
tion, configuration and service potentials. We would also review,
as available, all previous studies relating to transportation, land
development, future growth and planning in the corridor. Among
specific items to be included in this phase are:
a. mean high water level and related hydrologic
data for the Fox River including flood frequencies,
flood profiles and flood discharge;
b. traffic volume data on existing Wing and Summit
Streets together with volumes on major cross streets
which will affect intersection design and control devices;
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c. traffic accident data for these same roadways
and location;
d. utility line locations within the corridor and par-
ticularly in areas of new construction or removal of
existing property;
e. general planning data for the corridor including
land use, population and relevant socio-economic
statistics;
f. right of way and property plat information for
existing streets and for those improved parcels likely
to be acquired;
g. current aerial photography, mapping and field
surveys, as required, to establish reasonable align-
ments and project boundaries;
h. such other background and supporting data as
may be required to permit preparation of preliminary
plans and organization of the environmental impact
statement.
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2. Preliminary Improvement Plans - this phase of the work
would involve the preparation of preliminary design plans for
review by the City and other affected agencies. Included would
be determination of project design criteria; structural type and
alternative architectural treatments of the proposed structure;
right of way requirements; required changes in street elevations,
railroad grade separation structures and track relocation
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posals, cross-sections, pavement and intersection geometrics,
lighting and signalization and related factors.
Particular attention would be directed to the development of ver-
tical and horizontal alignment features of the proposed structure,
the actual length of structure and the configuration and grade of
approaches. Special emphasis must be placed here on whether
to relocate, remove or consolidate the tracks of the Chicago and
North Western and Milwaukee Road. Options would be measured
in terms of design variations required, cost, impact on surround-
ings, rail service requirements and traffic service restrictions.
This phase of the work would also involve the selection of pre-
ferred roadway improvements between the bridge approaches and
Weston Avenue and Gifford Street, respectfully. The road-
way improvement sections of the project would be analyzed in
terms of traffic service, cost (construction and right of way),
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neighborhood impact and design characteristics. In this connec-
tion every effort would be made to eliminate the taking of proper-
ty from public uses such as parks and schools so as to negate the
need for filing a Section 4(f) Statement along with the environmen-
tal impact statement. This will result in a material reduction in
review time by the various A-95 agencies who must approve the
E. I. S. and a reduction in cost where such facilities must be re-
placed.
Another feature of the preliminary planning stage involves the
conduct of necessary liaison and public participation functions to
fully inform those affected by the project, including local resi-
dents, of the progress and findings of the study. This would in-
clude input and review meetings with the City staff, other public
agencies including the Illinois Division of Waterways, railroads
and utilities, institutions and local citizens.
The Preliminary Planning and Design phase would also require
completion of related work elements:
a. Field Survey -- will be required along the line of
the proposed improvement from Gifford Street to Weston
Avenue and along various cross streets, the railroads
and of adjacent properties to determine horizontal and
vertical clearances, elevations, etc. This work would
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be accomplished by one of our survey parties early in
this phase of the project and would be done so as to
minimize the need for further work in connection with
property surveys and construction staking.
b. Soil Borings -- will be required along the line of
the proposed structure between Grove Street and Illinois
Route 31, at approximate locations of foundations for the
proposed structure. This work would be performed by a
subcontractor approved for such work by the Illinois
Department of Transportation and knowledgeable of local
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conditions.
c. Preliminary Appraisal Data -- will be required to
measure property values for alternative alignments and
to permit accurate determination of project costs. This
data would be provided by an M. A. I. appraiser familiar
with local land and improvement values and thoroughly
experienced in this field.
Upon completion of the work elements described aboye, a prelimi-
nary improvement plan would be prepared on mapping and on
aerial photography to portray, at suitable scale, the detail of the
project, Such detail would include existing and proposed right of
way lines; the extent of property to be acquired; new and
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reconstructed pavement configurations; structure design features,
cross sections and related details. In addition information on
project construction materials, methods, costs and schedules
would be included. This information would be available for use
in hearings, meetings and as review documents for all affected
agencies.
Among the design treatments to be considered would be division
of Summit Street pavement from the existing pavement to mini-
mize impact on remaining properties and maximize safety and
operating efficiency; structure elevations, designs and details
(including piers, railings, lighting, etc. ) to provide the best "fit"
with long-term redevelopment plans for areas along the River and
lighting, planting and related functions for the roadway lengths of
the project.
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B. Draft Environmental Impact Statement
As the preliminary planning phase of the work proceeds preparation of the
draft E. I. S. would begin. This work would be conducted in accordance with
the various Policy and Procedure Memoranda of the Federal Highway Admin-
istration applicable to such projects and the various regulations of the Illinois
Department of Transportation. Through the public participation process the
work involved in evaluating various environmental impacts would be reviewed
with local interests and summary findings and recommendations would be
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periodically reviewed with Federal and State agencies to insure acceptability
of the draft E. I. S.
This portion of the work would also permit ongoing presentations of the study
progress and findings to community organizations and citizens for further
comments and suggestions leading to the completion of the Draft Environ-
mental Impact Statement and the design hearing.
The Consultant would participate in input meetings with affected City depart-
ments and local agencies, utility companies, environmental groups and others,
and we would maintain information exchange flows during the course of the
study.
Special elements of the work program are concerned with the measurement
of the environmental impacts of the proposed improvement and are reported
here in detail because these functions largely control the acceptability of the
completed Draft E.I. S.
1. Noise Levels and Air, Water Quality Evaluations - The
general comparative impact of the final improvement alternative
and the No-improvement alternative, on air and water quality and
on noise levels would be assessed and evaluated. Detailed noise
analyses would be studied and quality safeguard and abatement
measures recommended where necessary and practical.
The following general tests and procedures would be utilized:
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a. Noise -- Field measurements of ambient noise levels
would be taken as required; it is anticipated that no more
than 6 field locations would be involved. These field loca-
tions would be selected to determine typical noise levels for
various land uses and at potentially critical locations. A
map indicating the proposed test locations would be pre-
pared and submitted to the Federal and State agencies prior
to commencing field work. Projected noise levels for the
design year at the test locations would be made in accord-
ance with current and approved procedures. Comparison
to the FHWA allowable noise levels for existing land use
areas would then be made. A sufficient number of projec-
tions would be made to determine noise levels for the design
year (1995) at critical locations along the project.
b. Air -- Air quality levels would be projected on the
basis of existing data and local conditions. Field measure-
ments would not be taken. A diffusion model for estimating
air pollution, based on the Gaussian diffusion relationship
would be used for pollution concentration estimates. At
selected locations projections of the impact of the improved
facility would be determined. The conditions analyzed
would be for both the worst case and the most probable case.
Two specific years would be investigated — the estimated
year of project completion and the design year.
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c. Water -- Specific water quality field measurements
would not be undertaken. Available data for the Fox River
would be utilized. The probable impact of the project on
water quality would be considered, and future water quality
predicted, insofar as possible, based on available data.
Water quality projections would be generalized but recom-
mendations would be made concerning project design and
construction procedures which would aid water quality and
eliminate any direct harmful impact on the water quality of
the Fox River at Elgin.
2. Hydrological Studies - These would be made as necessary
for design considerations and as a basis for comparison from
which potential adverse affects of the proposed project might be
determined.
3. Documentation - Listings would be prepared of all meetings
held with all individuals, agencies and organizations entering
name, agency or individual and date.
4. Evaluation and Analysis - The project at this point would be
evaluated as to need, service and impact in depth sufficient to
meet the appropriate Federal and State standards. This process
would consider the project and the No-improvement alternative
and would include the following items plus those that may be added
during the planning process.
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a. the traffic lanes required;
b. the typical section for structure and roadways;
c. the location of the proposed structure;
d. the length of the proposed structure;
e. height above mean high water;
f. roadway alignments;
g. property requirements;
h. river fill sections, if any;
i. construction procedures;
j• other elements as may be included.
5. Location Analysis - The location studies should be sufficient-
ly detailed to induce a comprehensive analysis of engineering and
traffic factors, and the impact on the economic, social, and en-
vironmental conditions presently existing. The impacts include,
but are not limited to, the following:
a. Impact on the Fox River at Elgin;
b. Engineering and traffic factors;
c. Community and localized growth patterns;
d. Neighborhood impact;
e. Conservation and preservation;
f. Determination of possible 4(f) involvement;
g. Public facilities and services;
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h. Community cohesion;
1. Displacement of people and businesses;
j. Air, noise and water pollution including the effects
of additional runoff;
k. Aesthetic and scenic vistas;
1. The identification of adverse and beneficial effects;
m. Identification of the impact on natural systems includ-
ing natural resources, erosion, sedimentation, drainage,
natural habitats (plant and animal) and the migration of
wildlife.
6. Impact Resulting from the Proposed Improvements Including
Adverse and Beneficial Affects -
Determination of the impact of the proposed improvement, both
during the construction phase and after the facility is complete.
7. Adverse Impacts - Definition of measures which should be
taken by the contractor to minimize any adverse effects. Parti-
cular attention would be given to procedures required to minimize
turbidity during construction.
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8. Irreversible and Irretrievable Commitments - Considera-
tion of the short and long term impacts, and the irreversible and
irretrievable commitment of resources. We would also enumerate
the steps to be taken to mitigate or compensate for the adverse
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impacts relating to land use, traffic, location and maintenance
considerations.
9. Draft E. I. S. - Upon completion of the above work elements
all data, findings and recommendations would be summarized and
the Draft E. I. S. would be prepared for distribution for A-95 re-
view. The Draft E. I. S. would conform to the requirements of
the F.H.W.A. and the I. D. O. T. Copies of the Draft E. I. S.
would be circulated, as required by law, prior to the conduct of
a design hearing and we would assume responsibility for prepara-
tion and distribution of this document.
In addition to the Draft E. I. S. which would include the location
analysis, we would prepare color renderings of the proposed im-
provement to show both its relative location and its design features.
Particular emphasis would be placed on the spatial relationship of
the structure to surrounding areas along the Fox River, especially
as these may be redeveloped.
C. Hearings, Meetings and Applications
Because of the importance of proper communications and notifications during
the progress of the work special attention is directed to those work elements.
Since the success of the project may hinge on the thoroughness of these pro-
grams each is described briefly in this section.
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1. Hearings - A major function of the overall engineering
assignment would involve preparation for, and participation in a
design public hearing. This public hearing would be held follow-
ing the preparation of all summary preliminary plan material and
following distribution of the Draft E. I. S. This public hearing
would be primarily directed to reviewing project status and loca-
tion and environmental features, and in securing comments or
suggestions from those in attendance.
With members of the City staff we would participate in the public
hearing and would prepare hearing materials including a brief,
printed description of the project; maps, slides and other graphics
that would portray location and/or design characteristics and
material relating to the environmental consequences of project
implementation.
2. Meetings - During the course of the work we would be avail-
able to meet with all of the affected agencies and residents in-
volved in the study corridor. Regular meetings to determine pro-
gress and to report findings and recommendations would be held
with the City. These meetings would occur on the average of once
a month during the life of the project. Other meetings would be
required with public agencies, utilities, railroads and govern-
mental bodies at various levels. For the purpose of this proposal
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we have assumed that such meetings would occur at least five
times during the course of the work. It is all but impossible to
define in advance the number and scope of meetings held with
local-area owners and residents. We would strongly recommend
that several neighborhood meetings be held in the immediate area
during the work — at least at the outset of the work, at approxi-
mately 90 days into the work and before the design public hearing.
In addition to these formal meetings we have assumed at least 30
individual meetings would be required with owners or residents
during the length of the project.
3. Applications - As a part of the overall Scope of Work we
would prepare, for the City of Elgin, all necessary forms and
documents by which the City may apply for Federal Aid Urban
funding of the improvement. These forms and documents would
include project description and justification; cost and schedule
breakdowns; supporting documents and the transmittal forms as
required by the Illinois Department of Transportation and the
Federal Highway Administration.
D. The Final Environmental Impact Statement
Following the Design Public Hearing and the receipt of comments, questions
or other response we would prepare the Final Environmental Impact State-
ment, incorporating any new data that may be required as a result of the
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comments received at the Public Hearing and of the reviewing agencies in-
cluding, but not limited to:
1. Review - Review of public hearing transcripts, summary
of environmental comments of the public, disposition of these
comments and the results of the hearings.
2. Trade-Offs - Discussions and inclusion of trade-offs that
could be accomplished to develop a facility that would be compat-
ible with the goals of other agencies.
3. Agency Comments - Full consideration of comments made
by the Illlinois Department of Transportation and the Federal
Highway Administration and the appropriate disposition of these
comments, particularly as these might affect project design,
funding or scheduling.
4. Other Comments - Review and take necessary action on
comments made by other agencies reviewing the Draft Environ-
mental Impact Statement.
The Final Environmental Impact Statement would incorporate location and
design features and supporting detail and be prepared for distribution. This
report would be prepared as a high quality document with color illustrations
and at least 100 copies would be provided to the City.
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E. Design Plans, Specifications and Estimates
Upon approval of the preliminary plans and the Draft E. I. S. and the conduct
of design hearing the final contract plans, specifications and estimates of
cost would be prepared.
The Final Design Phase of the project would provide all necessary contract
documents for award of the project by the City. The contract documents
would include detailed drawings to show the character and scope of all work
to be performed by the contractors on the project, as well as the contract
specifications including — instructions to bidders, general conditions, special
conditions and technical provisions for proper completion of the project.
These documents would be prepared, together withother necessary documents
and design data, so that the City may secure the approval of those agencies,
utilities, railroads and others having jurisdiction over the various aspects of
the project. During the design phase of the work any changes in cost or scope
of the project would be promptly noted and revised documents supplied to the
City. This phase of the work would also include assistance in reviewing the
proposal and bid forms and in evaluation of resultant contractor bids.
The Design phase would include plans specifications and estimates for the
proposed Fox River structure, the improvement of Wing Street, the construc-
tion of a new Summit Street and all other related improvements in the length
between Weston Avenue and Gifford Street. Design work on the improvement
would follow the applicable Federal and State design criteria, standards and
methodologies to permit approval of the plans by these agencies.
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Appropriate supporting material such as foundation plans and intersection
design studies would also be prepared. Right of way strip maps, parcel
plats and legal descriptions would be furnished. Up to 20 sets of the final
plans, specifications and estimates would be delivered to the City as part of
the Scope of Work. Additional copies would be supplied at cost. Upon com-
pletion of this phase of the work the City would be able to place the entire
project under contract.
F. Optional Supporting Services
In addition to the Scope of Work, which enumerates a series of specific work
elements to be accomplished in connection with the granting of design approval
and funding by Federal and State agencies, there are three other areas of
work involved that we can complete. These work elements, available at the
option of the City, include the acquisition of right of way, the provision of
required Relocation Assistance services in connection with right of way acqui-
sition and the supervision of construction.
Although not covered in the Scope of Work and the cost estimate for engineer-
ing services we have briefly identified each of these.
1. Right of Way Acquisition - When final right of way require-
ments are established we would take over the acquisition process,
using the formal real estate appraisals as a basis for negotiating
purchase prices. In each instance the approval of the City would
be obtained before negotiations to purchase were begun and maxi-
mum property values determined in advance. Where purchase
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could not be consummated through negotiation the power of the
City to condemn would be utilized. All required services except
those of the City Attorney or special legal counsel would be pro-
vided.
2. Relocation Assistance - We would provide professional ser-
vices for Relocation Assistance in accordance with the terms of
the Uniform Relocation Assistance and Real Property Acquisition
Act of 1970 (Public Law 91-646). In fulfillment of the provisions
of Title II and Title LII of that Act, and in accordance with the pro-
visions of Section 205 thereof, we are developing the staff capa-
bility to provide necessary services to complete all aspects of
relocation assistance to property owners and tenants.
This work would be carried on in conformance with the provisions
of the Act, but might involve any or all of the three phases of the
usual relocation program, as follows:
a. Preliminary Relocation Program -- preparation of
surveys (including property values and rentals, socio-
economic data and special requirements) of housing,
business or other properties to be acquired and those
available as replacement units; identification of potential
relocation problems and assistance in public hearings and
public participation programs;
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b. Initiation of the Relocation Program -- preparation
of relocation documents including information on rights
and prerogatives of relocatees and provisions of Federal,
state and local laws and regulations; initiation of contact
with relocatees and explanation of relocation assistance
services available and the extent of replacement units
available; provision of direct services to relocatees in
connection with their relocation to other quarters and pre-
paration and submission of necessary forms and data.
c. Preparation of Applications -- at the conclusion of
negotiations applications would be prepared to cover the
expenses and associated payments due each relocatee and
necessary certifications would be prepared for transfer to
appropriate Federal and/or state agencies.
The above relocation services can also be provided in connection
with the provision of property acquisition services including the
transfer of fee simple title to the City of Elgin. A field office
would be located within the confines of the project area or in direct
proximity thereto. All procedures would be based on those set
forth in Guidelines For Issuance of Regulations and Procedures
Implementing the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, and as this Act may from time
to time be amended. Forms procedures and schedules
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would be discussed with the City and other agencies prior to the
initiation of any work on a project.
Work on this phase would be subject to monitoring of our activi-
ties by the City.
Although every effort would be made to minimize the time involved
in fulfilling the requirements of the Uniform Act and the scale of
relocation payments, our primary objective would be to fully
satisfy the relocatees in terms of relocation assistance so as to
minimize subsequent objections or delays with respect to the
prompt and orderly transfer of the property to the City.
3. Supervision of Construction - During construction we
would provide a resident engineer who would be available at the
site to examine the progress and quality of the work performed
by the contractor and to determine if the work is being completed
in accordance with the Contract Documents. The resident engin-
eer will make continuous on-site inspection of the work performed
and of the methods and sequences of the work. The resident
engineer would also supervise other members of the staff respon-
sible for off site testing of ready-mix concrete, construction
materials or components of for the contractors general procedure,
operations, safety precautions and related items.
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The resident engineer would provide assurance to the City that
the project, as completed, conforms to the requirements of the
contract documents and he would submit regular reports to the
City on the progress of the work. He would endeavor to guard
the owner against defects and deficiencies in the work of the con-
tractor and he and his staff would check schedules, construction
sequences and related items relating to prompt, safe and efficient
completion of the project.
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SECTION II. TIME FOR COMPLETION
Work would proceed promptly upon acceptance of this Agreement. Work would
be prosecuted diligently to provide those reports and plans called for in
SECTION I. which are necessary to permit distribution of the Draft E. I. S.
and the conduct of the design public hearing in eleven months. While every
effort will be made to complete the work expeditiously, our recent experience
indicates that 20 to 25 months might well be required for completion of all
work elements. This period will, of course, increase as time elapses
between the conduct of the design public hearing and the initiation of work on
design plans and specifications.
To simplify the assignment of schedules to specific work elements the overall
project would be divided into two phases as follows:
PHASE ONE - PLANNING
This phase will include the preparation of:
1) Preliminary bridge location and roadway improvement
plans;
2) Preparation of the Draft Environmental Impact Statement/
Location Report;
3) Survey, testing and related costs in connection with Items 1)
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4) Participation in the Design Public Hearing.
5) Preparation and filing of applications and supporting documents
for available federal, state or other grants.
Work would begin within ten days of receipt of notice to proceed. Com-
pletion is estimated to require eleven months depending upon the number
and scope of possible changes in applicable laws, procedures and related
factors which control the format of the work.
PHASE TWO - FINAL PLANS
This phase will include the preparation of:
1) Preparation of Tentative Final and Final Design Plans,
Specifications and Estimates and supporting material;
2) Preparation of the Final.Environmental Impact Statement/
Location Report;
3) Preparation of Right of Way documents.
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Work would begin within ten days of receipt of notice to proceed.
Completion is estimated to require about ten months.
NOTE: Overall elapsed time may well exceed the total time estimated
for execution because of required approvals by other agencies,
funding availability and similar factors.
Indicated changes in the project schedule and the effect of such changes
on overall progress will be reported whenever these might occur.
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SECTION III. SERVICES TO BE FURNISHED BY THE CITY
The CITY should furnish the ENGINEER with the following information and
assistance:
1. Base maps of the central area of the CITY, at various scales and
as may be available.
2. Inventory or similar information concerning the location, type,
extent and condition of public improvements and particularly
underground utilities in the vicinity of the site.
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3. Surveys of public rights of way and/or improvements in the vici-
nity of the site or other surveys in the possession of the CITY
that may prove relevant to this design project.
4. Other data or information that the CITY may deem relevant or
practical for proper performance of the contract.
SECTION IV. SUBLETTING AND ASSIGNMENT OF CONTRACT
No portion of the contract shall be sublet, assigned or otherwise disposed of
except with the consent of the CITY. Consent to sublet, assign or otherwise
dispose of any portion of the contract shall not be construed to relieve the
ENGINEER of any responsibility for the fulfillment of the contract.
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EMPLOYMENT
1. 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 contract 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, brokerage fee, gifts or any
other consideration, contingent upon, or resulting from the award
or making of this contract.
2. The ENGINEER shall not engage, on full or part-time or other
basis during the period of the contract, any professional or tech-
nical personnel who are or have been at any time during the period
of the contract, in the employ of the CITY or the State of Illinois,
except regularly retired employees, without the written consent
of the public employer of such person.
SECTION V. COMPLIANCE WITH STATE AND OTHER LAWS
The ENGINEER specifically agrees that in the performance of the engineer-
ing services herein enumerated by him or by a subcontractor or anyone act-
ing in behalf of either, that he or they will comply with any and all State,
Federal and Local statutes, ordinances and regulations and obtain all permits
that are applicable to the entry into and the performance of this Agreement.
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SECTION VI. RESPONSIBILITY FOR CLAIMS AND LIABILITIES
The ENGINEER shall be responsible for all damage to life and property due
to activities of the ENGINEER, his subcontractors, agents or employees,
in connection with such services, and shall be responsible for all parts of
his work, both temporary and permanent, until the engineering services pro-
vided for in this Agreement are accepted by the CITY. It is expressly under-
stood that the ENGINEER shall indemnify and save harmless the CITY from
claims, suits, actions, damages, and cost of every name and description
arising out of or resulting from the engineering services of the ENGINEER
provided this Agreement, and such indemnity shall not be limited by reason
of the enumeration of any insurance coverage, hereinafter provided. It is
further understood that the ENGINEER will not be responsible for the acts
or omissions of any Contractor, any subcontractor or any of the Contractor(s)'
•
or subcontractors' agents or employees or any other person performing any
of the work under the construction contract.
SECTION VII. WORKMEN'S COMPENSATION AND LIABILITY
INSURANCE
The ENGINEER agrees to procure and maintain at his expense and without
expense to the CITY until final payment by the CITY for the services covered
by this Agreement, insurance of the kinds and in the amounts hereinafter
provided in insurance companies authorized to do suchbusiness in the State
of Illinois covering all operations under this contract, whether performed by
' him or by his subcontractors.
H.W. LOCHNER, INC.
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a. Policy covering the obligations of the ENGINEER in accord-
ance with the provisions of the Workmen's Compensation
Law.
b. Policies of Bodily Injury Liability and Property Damage
Liability Insurance of the types specified by law.
SECTION VIII. ABANDONMENT AND TERMINATION
If the CITY shall terminate the services of the ENGINEER as herein mentioned,
by written notice to the ENGINEER, the CITY shall pay to the ENGINEER a
sum equal to the earned value of the work in progress at that time, based
upon an estimate of the portions of the total services as have been rendered
by the ENGINEER to the date of the abandonment and which estimate shall be
mutually agreed upon by the CITY and the ENGINEER. The payment as made
to the ENGINEER for such work shall be paid as a final payment in full settle-
ment for his services hereunder.
SECTION IX. OWNERSHIP OF DOCUMENTS
All documents, including tracings, drawings, estimates, specifications, field
notes, investigations, sutides, etc. , are to be the property of the CITY.
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 his possession and any such loss or
damage shall be restored at his expense. Full access to the work during its
progress shall be available for inspection to the CITY.
H.W. LOCHNER, INC.
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SECTION X. SUCCESSORS AND ASSIGNS
The CITY insofar as authorized by law, binds itself and its successors and
the ENGINEER binds his successors, executors, administrators and assigns,
to the other party of the Agreement and to the successors, executors,
administrators and assigns of such other party, as the case may be and inso-
far as authorized by law, in respect to all covenants of the Agreement.
SECTION XI. PAYMENT FOR SERVICES RENDERED
The CITY shall pay the ENGINEER for services rendered, as outlined in
SECTION I. - ENGINEERING SERVICES, the amounts set forth below for
work in Phase One and Phase Two. This division of engineering cost relates
to the type of work involved — the planning/environmental elements of the
project are difficult, at best, to define because of the large number of vari-
able factors involved, continual changes in Federal and State regulations,
indeterminate delays in agency reviews and the undefined extent of public
participation efforts. The design phase of the work is far less susceptible to
wide variation in man-hour and related costs. We therefore will complete
Phase One work on a cost-plus basis for which we will bill actual time expended
and direct costs such as field sampling, travel, subsistence, supplies, print-
ing, etc. , will be billed at actual cost. The Phase Two design work will be
billed on a lump-sum basis as determined by the estimated project construc-
tion cost.
H.W. LOCHNER, INC.
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FOX RIVER BRIDGE LOCATION STUDY
City of Elgin, Illinois
Estimate of Direct Costs - Phase One
Printing -
Blueprints, Reproductions 600
Photographic Work 200
Draft E. I. S. 1, 700
Location Report, Brochures 600
Miscellaneous Printing 550
Total Printing Costs - $ 3, 650
• Field Measurements, Etc. -
Noise Measurements $ 1, 800
Air Sampling 6, 000
Soil Borings (incl. marine)* 25, 000
Water Sampling and Laboratory Tests 3, 600
Total Field Measurements, Etc. $ 36, 400
• Travel and Subsistence -
Survey Party 440
Staff Travel and Related Costs 1, 600
Total Travel and Subsistence - $ 2, 040
• Specialists -
Hydrographer $ 1, 000
Other 510
Total Specialists - $ 1, 510
TOTAL DIRECT COSTS* - $ 43, 600
*Maximum cost for completion based on quotation from Soil Testing Services, Inc.
**This amount does not cover optional supporting services as described in
Section F of the Scope of Work.
LOCHNER, INC.
. •
H. W. LOCHNER, INC.
OVERHEAD COSTS
PROJECTED TERU FISCAL YEAR ENDING APRIL 30, 1976
• % of Direct
Account Title Labor
•
Amortization Leasehold Iprovemnts 1.137.
Auto Expense .90
Comprehensive, Professional , General Insurance 4.63
Computer Expense 4.54
Coffee and Coke Expense .11
Corporation Annual Fees and Taxes .12
Depreciation - Company Cars 1.47
Depreciation - Furniture, Fixtuves, Equipment .57
Drafting and Survey Supplies 1.12
Dues, Subscriptions, Publications .45
Employment Fees .34
Legal , Professional , Accounting 1.15
Light and Power .68
Hachine Maintenance and Rental .56
Moving Expense 1.18
Non-Assignable Salaries 18.30
Office Supplies and Expense 1.70
Postage and Shipping .45
Precontractual Negotiations 1.70
Printing, Blueprinting, Photography
2.30
Rent 10.68
Secretarial 6.25
Supervisory & Administrative Salaries . 15.90
Taxes .57
Telephone and Telegraph 3.98
Travel and Subsistence 5.11 • • .
Total Overhead Costs • 85.897.
Page 1 of 2
10/31/75 • •
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•
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•
•
H. V. LOCKNER, INC.
PAYROLL BURT)EN A! FRICCE BENEFIT COSTS
PROJECTED TIUW FISCAL .F.AR E:•:7a1;,1; APRIL 30, 1976
% of Direct
Account Title Labor
F. I. C. A. 7.387.
State Unemployment Compensation 2.04
Federal Unemployment Compensation .34
Chicago Employers' Expense. Tax .31
Group Insurance 1.80
Workmen's Compensation Insurance .27
Holidays, Sick Leave, Vacations 11.60
Total Payroll Burden and Fringe Costs 23.74%
•
Page 2 of 2
10/31/75
The fee amounts established for Phase One and Phase Two are set forth below.
PHASE ONE - Cost-Plus Fee For Planning/Environmental Elements of the Project
This work will be billed on the basis of the ENGINEER'S established salary
rates plus overhead and fringe costs as shown in the accompanying exhibits,
plus profit at a rate of 15 percent. Included in this phase are:
Location analysis, project development and related studies;
• Preliminary roadway and structure plans;
• Preliminary cost estimates;
• Preliminary right of way acquisition limits and valuations;
• Preparation of the Draft E.I.S. ;
• Field testing, soils borings, field surveys and related technical
•
•
analyses;
•
•
Other direct costs as set forth in this Section;
▪ Attendance at meetings, hearings and assistance in preparing
applications for project approval and/or funding.
• Preparation and filing of applications and supporting documents
for available federal, state or other grants.
The maximum amount of fee assignable to the Phase One work would equal
$265,000, including direct costs as shown on the accompanying exhibit.
H.W. LOCHNER, INC.
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_
PHASE TWO - Lump-Sum Fee For Design
This work would involve the preparation of tentative final and final contract
plans, specifications and estimates; the preparation of final right of way
documents, the preparation of the final Environmental Impact Statement and
provision of services and associated direct costs in connection with the
solicitation and award of construction contracts. This work would proceed
at the conclusion of Phase One, with the approval of the CITY. The amount
of the Phase Two work would amount to 3.35 percent of the estimated project
construction cost. At this time that amount would equal $285,000, based on
an $8,500,000 total construction cost. The estimated project cost shall be
determined by the parties at the time that CITY is prepared to authorize
Phase Two.
SECTION XII. SPECIAL PROVISION FOR FAIR EMPLOYMENT PRACTICES
(1. ) Compliance with Laws of the State of Illinois; the contrac-
tor agrees: That in accordance with "An Act to prohibit
discrimination and intimidation on account of race or color
in employment under contracts for public buildings or pub-
lic works, "approved July 8, 1933, as amended, no person
shall be refused or denied employment in any capacity on
the grounds of race or color, nor be discriminated against
in any manner by reason thereof in connection with the per-
formance of this contract; nor shall any unfair employment
practice, as defined in the "Fair Employment Practices
Act," approved July 21, 1961, as amended, be committed
_ by the contractor, his subcontractors, suppliers of mate-
rials or services to the contractor or his subcontractors or
any labor organization furnishing skilled or unskilled labor
to the contractor or his subcontractors.
H.W. LOCHNER, INC.
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r--.
•
(2. ) Nondiscrimination: The contractor, with regard to the
work performed by it after award and prior to completion
of the contract work, will not discriminate on the grounds
of race, color, or national origin in the selection and re-
tention of subcontractors, including procurements of
materials and leases of equipment. The contractor will
not participate either directly or indirectly in the discrimi-
nation prohibited by Section 3 of the Fair Employment
Practices Act.
(3. ) Solicitations for Subcontracts, Including Procurements of
Materials and Equipment: In all solicitations either by com-
petitive bidding or negotiation made by the contractor for
work to be performed under a subcontract including procure-
ments of materials or equipment, each potential subcontrac-
tor or supplier shall be notified by the contractor of the
contractor's obligations under this contract relative to
nondiscrimination on the grounds of race, color, or national
origin.
(4. ) Information and Reports: The contractor will permit access
to its books, records, accounts, other sources of informa-
tion, and its facilities as may be determined by the awarding
agency to be pertinent to ascertain compliance with the
aforecited laws. Where any information required of a con-
tractor in the exclusive possession of another who fails or
refuses to furnish this information, the contractor shall so
certify to the awarding agency and shall set forth what
efforts it has made to obtain the information.
(5. ) Sanctions or Noncompliance: In the event of the contractor's
noncompliance with the nondiscrimination provisions of this
contract, the awarding agency shall impose such contract
sanctions as it may determine to be appropriate, including,
but not limited to
(a. ) withholding of payments to the contractor under the
contract until the contractor complies, and/or
(b. ) cancellation, termination, or suspension of the
contract, in whole or in part.
(6. ) Incorporation of Provisions: The contractor will include the
provisions of paragraph (1) through (6) in every subcontract,
including procurements of materials and leases of equipment.
The contractor will take such action with respect to any sub-
contract or procurements as the awarding agency may direct
as a means of enforcing such provisions including sanctions
for noncompliance.
H.W. LOCHNER, INC.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
H. W. LOCHNER, INC. : ITY OF ELGIN: 1
/ \
ir
/ / CITY MANAGER
Attest:
44-1-1--A-41"-"Vs"."'
_ �
CLERK
Approved as to form:
CORPO`ATION COUN EL
CITY •' ELGIN
ACKNOWLEDGMENT
State of Illinois, County of Cook SS:
Before me, the undersigned Notary Public in and for said County, personally
appeared Harry W. Lochner, Jr. and Richard S. Beebe
(Names of signers of contract for Second Party)
and acknowledge the execution of the foregoing contract on this 10th day of
November, 1975. Witness my hand and seal the said last named date.
•
My comm;.ssion expires / , q 7 7 `l ,2,--,- �- �
otary Public
ACKNOWLEDGMENT
State of Illinois, County of Kane SS:
Before me, the undersigned Notary Public in and for said County, personally
appeared Leo Nelson
(Names of signers of contract for First Party)
and acknowleged the execution of the foregoing contract on this 22 day of
5072, ,,,,..2-•)„1/4_/ , 1975. Witness my hand and seal the said la t named date.
My commission expires 9 ti� 7,7 /c, .r.�:�rore • /, //,
Notary Public
Ci
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