Loading...
HomeMy WebLinkAbout76-0324 Alfred Benesch r. . 03a4- . AGREEMENT THIS AGREEMENT, made and entered into this 24th day of March , 1976, by and between Alfred Benesch & Company, 233 North Michigan Avenue, Chicago, Illinois 60601 , hereinafter called the "ENGINEER" and the City of Elgin, County of Kane, State of Illinois, herein- after called the "CITY" covers certain professional engineering services such as inspection, testing, field surveys, estimate of cost and other related ser- vices required for the investigation of the rehabilitation of the Kimball Street bridge across the Fox River and which is designated as: BRIDGE 045-6301 KIMBALL STREET OVER FOX RIVER IN ELGIN, KANE COUNTY, ILLINOIS WHEREVER in-this AGREEMENT the term "STATE" is used it shall be interpreted to mean the State of Illinois, Department of Transportation, Division of Highways. WHEREVER in this AGREEMENT the term "COUNTY" is used it shall be interpreted to mean the County of Kane, State of Illinois. WITNESSETH THAT, in consideration of these premises and of the mutual covenants herein set forth, THE ENGINEER AGREES, I . To perform the following professional services for the CITY, in connection with the proposed improvement hereinbefore described: a. Make such field measurements of the structure as are necessary to determine the basic dimensions of the structure and its members. b. Make soil probings to determine, if possible, the location and type of the west abutment. c. Make soil borings adjacent to the west abutment to deter- mine proper foundation for a new abutment. - 1 - . . d. Make corings of the concrete in selected locations to determine properties . e. Take soniscope readings of the concrete deck to deter- mine soundness. f. Determine size, number and location of reinforcement bars in an end span and a typical span by non-destructive methods . g. Take samples of reinforcment for laboratory testing of strength. h. Evaluate carrying capacity of existing structure in accord- ance with the National Bridge Inspection Standards. i. Assist the CITY in preparing and submitting the proper structure inventory and appraisal forms to the STATE. j . Determine feasibility of widening the roadway to provide 4 traffic lanes of adequate width and strengthening the bridge to support HS20 loading. k. Spot check substructure elements to verify conditions found in previous inspection of bridge made in 1973. 1. Based on report of previous inspection of bridge, study methods of repairing the substructure. m. Determine suitable method of repair of west abutment or its removal and replacement. n. If bridge is structurally capable of carrying four traffic lanes of HS20 loading, prepare cost estimate of rehabilitation of bridge and report on feasibility of rehabilitation in lieu of removal and replacement. o. Furnish 50 copies of a report for the approval of the CITY. 2 . That all reports, plans , plats, estimates, and special provisions be furnished by the ENGINEER in accordance with Section 1 of THE ENGINEER AGREES shall be in accordance with the current standard specifications and policies of the STATE, it being understood that all such reports , plans, plats - 2 - estimates and drafts shall, before being finally accepted, be subject to approval by the CITY and the STATE. During the performance of the engin- eering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER'S possession and any such loss or damage shall be restored at the ENGINEER'S expense. 3. To attend conferences to,be held at the request of the CITY and visit the site of the work at any reasonable time when requested to do so by the CITY or representatives of the STATE. 4. That tracings, plans, specifications, estimates, maps , and other documents prepared by the ENGINEER in accordance with this AGREE- MENT shall be delivered to and become the property of the CITY and that basic survey notes, sketches , charts, and other data prepared or, obtained in accordance with this AGREEMENT shall be made available, upon request, to the CITY, or to the STATE, without restriction or limitation as to their use. 5. That he will save harmless the CITY, any other governmental agency, or any representative of the CITY or any other governmental agency from all claims and liabilities due to activities of himself, his subcontractors, his agents or his employees and that he will carry adequate insurance to pro- vide such protection. 6. That he will comply with all applicable Federal Statutes , State of Illinois Statutes, local laws or ordinances of the COUNTY and the CITY. 7. That none of the services to be furnished by the ENGINEER shall be sublet, assigned, or transferred to any other party or parties without the written consent of the CITY, except that A & H Engineering Corporation will perform the soil probings and borings required in Sections lb and lc of THE ENGINEER AGREES and Wiss, Janney, Elstner & Associates will perform the testing services required in Sections id, le, if and lg of THE ENGINEER AGREES. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. 8. That all plans, specifications, estimates, plats and other documents furnished to the CITY by the ENGINEER in accordance with this AGREEMENT shall be endorsed by him and shall show his professional seal where such is required by law. - 3 - 9. That payment by the CITY in accordance with Section 3 of • THE CITY AGREES will be considered as payment in full for all services rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT. ' 10. That he is qualified technically and is entirely conversant with the design standards and policies applicable to the proposed improvement; and that he has sufficient properly trained, organized and experienced personnel to perform the services enumerated herein, except as stated in Sections lb to lg inclusive of THE ENGINEER AGREES. 11 . That no work shall be commenced by the ENGINEER on any phase prior to issuance by the CITY of a written Notice to Proceed. • 12 . To commence the work within 10 calendar days , and to com- plete the services provided for herein within 90 calendar days, from the date of said Notice to Proceed, excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER. 13. That this AGREEMENT may be terminated at any time by the CITY upon giving notice in writing to the ENGINEER at his last known post office address . Upon such termination, the ENGINEER shall cause to be delivered to the CITY, all drawings, specifications , partial and completed estimates , and data , if any from soil survey and subsurface investigation with the under- standing that all such material becomes the property of the CITY. The ENGINEER shall be paid for any services completed and any services partially completed in accordance with Section 3 of THE CITY AGREES. 14. That he and his subcontractors will maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and to make such materials available at their respective offices at all reasonable times during the AGREEMENT period and for three years from the date of final payment under this AGREEMENT, for inspection by the STATE, Federal Highway Administra- tion, or any authorized representatives of the Federal Government and copies thereof shall be furnished if requested. 15. THE ENGINEER WARRANTS that he has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER, to solicit or secure this AGREEMENT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award - 4 - or making of this AGREEMENT. For breach or violation of this warranty, the CITY shall have the right to annul this AGREEMENT without liability, or, in its discretion to deduct from the AGREEMENT price or consideration, or other- wise recover, the full amount of such fee, commission, percentage, broker- age fee, gift, or contingent fee. THE ENGINEER FURTHER AGREES, Nondiscrimination - U. S. Civil Right Act of 1964 (1) Compliance with Regulations: The ENGINEER will comply with the Regulations of the Department of Transportation relative to nondiscrimin- ation in federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21 , hereinafter referred to as the Regu- lations), which are herein incorporated by reference and made a part of this AGREEMENT. (2) Nondiscrimination: The ENGINEER, with regard to the work per- formed by him after award and prior to completion of the AGREEMENT work, will not discriminate on the ground of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The ENGINEER will not participate either directly or indirectly in the discrimination prohibited by Section 21 . 5 of the Regulations, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the Regulations . • (3) Solicitations for Subcontracts , Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the ENGINEER for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the ENGINEER of the ENGINEER'S obligations under this AGREEMENT and the Regulations relative to nondiscrimination on the ground of race, color, or national origin. (4) Information and Reports: The ENGINEER will provide all information and reports required by the Regulations , or orders and instructions issued pur- suant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be'determined by the CITY, STATE or the Federal Highway Administration to be pertinent to ascertain com- pliance with such Regulations, orders and instructions. Where any information required of the ENGINEER is in the exclusive possession of another who fails or refuses this information, the ENGINEER shall so certify to the CITY, STATE or - 5 - the Federal Highway Administration as appropriate, and shall set forth what efforts they have made to obtain the information. (5) Sanctions for Noncompliance: In the event of the ENGINEER'S noncompliance with the nondiscrimination provisions of this AGREEMENT, the CITY shall impose such contract sanctions as the CITY, STATE or the Federal Highway Administration maydetermine to be appropriate, including, but not limited to, (a) withholding of payment to the ENGINEER under the AGREE- MENT until the ENGINEER complies , and/or (b) cancellation, termination or suspension of the AGREEMENT, in whole or in part. • (6) Incorporation of Provisions.: The ENGINEER will include the pro- visions of paragraph (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order or instructions issued pursuant thereto. The ENGINEER will take such action with respect to any subcontract or procurements as the CITY, STATE or the Federal Highway Administration may direct as a means of enforcing such pro- visions including sanctions for non-compliance: Provided, however, that in the event the ENGINEER becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the ENGINEER may request the CITY to enter into such litigation to protect the interests of the CITY, and, in addition, the ENGINEER may request the STATE of the United States to enter into such litigation to protect the interests of the STATE or the United States. THE CITY AGREES, 1 . To furnish the ENGINEER with all presently available survey data, plans and information, including the Bridge Inspection Report dated May 1973 and other available data useful to the work to be done by the ENGINEER. 2. To supply all necessary equipment and personnel for controlling or redirecting traffic while the ENGINEER'S personnel are engaged in inspecting and testing of the bridge. 3 . To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT as follows: - 6 - • a. For the actual time that technical personnel are engaged on the project at the rates listed below: Specific Rate Classification Per Hour • Officer - $30.00 Project Engineer 24.00 Senior Engineer 21 .00 Engineer 17. 50 Senior Draftsman 18.00 Draftsman 12. 50 Party Chief 17. 00 Instrument Man 13.00 Rodman 8. 50 b. For the use of in-house electronic computer at the rate of $60. 00 per hour. c. For the use of survey equipment, including vehicles, at the rate of $30.00 per day. d. For other items of expense, as listed below, at their actual cost: (1) Services performed by A & H Engineering Corporation. (2) Services performed by Wiss , Janney, Elstner & Associates. (3) Printing of the report. e. The fee shall not exceed $12 , 000.00 unles there is a sub- stantial change in the scope or character of the services. In the event substantial changes in the scope or character of the services are required prior to the approval of plans, specifications and estimates by the CITY, adjustments in the maximum fee to the ENGINEER and adjustments in time for performance of the work as modified, shall be determined through negotiation between the parties to this AGREEMENT. • - 7 - SUCCESSORS AND ASSIGNS, That the CITY and the ENGINEER bind themselves, their successors, executors, administrators , and assigns to the other party'of this AGREEMENT, and to the successors, executors , administrators, and assigns of such other party in respect to all covenants of this AGREEMENT. IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals at Elgin , Illinois, this 24th day of March 1976. FOR THE ENGINEER or Harold R. Sandberg, President Alfred Benesch & Company ik•R T. E CITY , • muimil _ 1 L ► - • • . ..• - City of Elgin ATTEST: Marie Yearman, City Clerk - 8 - Federal-aid Project State CERTIFICATION OF ENGINEER I hereby certify that I am the President and duly authorized representative of the firm of Alfred Benesch & Company, whose address is 233 North Michigan Avenue, Chicago, Illinois 60601 , and that neither I nor the above firm I here repre- sent has: (a) employed or retained for a commission, percentage, brokerage, con- tingent fee, or other consideration, 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 AGREE- MENT, 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, to any firm, organization or person (other than a bona fide employee working solely for me or the above ENGINEER) any fee, contri- bution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT; except as here expressly stated (if any); I acknowledge that this certificate is to be furnished to the CITY, the STATE and the Federal Highway Administration, U. S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date Signature , . • Federal-aid Project State CERTIFICATION BY CITY OF ELGIN I hereby certify that I am the Director of Public Works of the City of Elgin, Illinois, and that the above consulting firm or his representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) employ or retain, or agree to employ or retain, any firm or person, or (b) pay, or agree to pay, to any firm, person, or organization, any fee contribution, donation, or consideration of any kind; except as here expressly stated (if any); I acknowledge that this certificate is to be furnished the Federal Highway Administration, U. S. Department of Transportation, in connection with this contract involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. March 24, 1976 / ' G . / /I/ Date Signature • Federal-aid Project State CERTIFICATION BY THE DEPARTMENT OF TRANSPORTATION I hereby certify that I am the Director of Highways of the Department of Transportation of the State of Illinois, and that the above consultant firm or his representative has not been required, directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this contract to: (a) Employ or retain, or agree to employ or retain, any firm or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation or consideration of any kind; except as here expressly stated (if any); I acknowledge that this certificate is to be furnished the Federal Highway Administration, U. S. Department of Transportation, in connection with this contract involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date Signature . • March 30, 1976 Mr. Harold R. Sandberg iLi ?resident Alfred Denesch & Company 233 North Michigan 'venue ; . Chicago, Illinois 60601 , Subject: Bridge 945-6301 KiMball Street Over Ii Fox River in 11I71gin, Kane Co., IL Dear :a.. Sandberg: 2ranamitted herewith is one executed copy of Agreement on above stated subject. ['PH You may proceed with this project at your earliest convenience. Li Sincerely, 7 cm OF ELGM / \\v/ , r . Nelford -'... Pahl, P.E. Director of Public 7orks es ',Enclosure cc: Leo Nelson, City Nankger Marie !barman, City Clerk