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HomeMy WebLinkAbout85-1223 H.W. Lochner SUPPLEMENTAL AGREEMENT This Supplemental Agreement to the Agreement dated December 17, 1975 between the City of Elgin and the firm of H. W. Lochner, Inc., made and entered into thisay of .b C.-, CI , 1985, by and between the City of Elgin, State of Illinois, herein- after referred to as the CITY, and H. W. Lochner, Inc., 20 North Wacker Drive, Chicago, Illinois, hereinafter referred to as the ENGINEER. WITNESSETH WHEREAS, the CITY has selected a final location for the proposed North End Bridge project, beginning at the intersection of Big Timber Road and Illinois Route 31, extending generally in an easterly direction connecting with Congdon Avenue at Prospect Avenue. WHEREAS, the CITY desires that the ENGINEER proceed with the preparation of construction plans, specifications and estimates for the project and to provide inspection of the construction generally in accordance with the terms and conditions as set forth in the agreement of December 17, 1975 and more specifically as set forth hereinafter. NOW, THEREFORE, in consideration of the mutual covenants, herein contained, the parties hereto mutually covenant and agree as follows: I) Engineering Services The engineering services are divided into the following three phases. A. Phase I. Preliminary plans, specifications and estimates. a. The ENGINEER shall obtain an accurate photogrammetric survey and plotting of the project from U.S. 31 and Big Timber Road to Congdon Avenue and Prospect Avenue. The plotting shall be at 50 feet to the inch and show elevations at I foot intervals. The plotting should include a 300 foot wide corridor. The photo- grammetry will also be utilized in the project's final design. b. Make all field ground survey needed to supplement the photogrammetric mapping. c. Prepare preliminary plan sheets showing the project's alignment and grade lines together with sufficient cross sections to define the project and the needed right of way. d. Prepare plats and legal descriptions of the needed right of way. e. Obtain appraisals of the needed right of way including damages prepara- tory to the City's undertaking the acquisition of the land. f. Prepare structural conceptual drawings of the bridge, locating abutments and piers, and giving span length and structural cross sections. All needed retaining walls shall be located and indicated. g. Investigate and locate all utility facilities within the project boundaries and determine their adjustment costs. h. Make initial contact based on the conceptual project design with interested agencies, preparatory to applying for permits and approvals. They include: U.S. Army Corps of Engineers Illinois Water Resource Department Illinois Environmental Agency U.S. Fish and Wildlife Agency Illinois Department of Transportation Kane County Forest Preserve District i. Investigate accident records and traffic volumes at the U.S. 31 - Big Timber intersection, supplemented by counts if needed. These will be required both for revised intersection design and for signal warrants. Obtain IDOT approval of the inter- section design study. j. Obtain soil borings and tests for the proposed bridge, retaining walls and pavements. k. Prepare conceptual plans for the demolition of the City's waterworks building and the construction of a building to house the electrical switching equipment. 2 I. All concepts and plans will be prepared in accordance with the engineering standards of the City of Elgin and IDOT. m. Prepare a revised estimate of the project's construction cost, including lighting and traffic signals. n. Submit the preliminary plans, specifications and estimates to the City of Elgin for approval. B. Phase II. Final Construction Plans, Specifications, Estimates and Bids. The Final Design Phase of the project to be performed by the ENGINEER shall provide all necessary contract documents for award of the project by the CITY. The contract documents shall 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 shall be prepared, to conform to the standards of the Illinois Department of Transportation. The services shall also include: a. Obtain all necessary permits and approval for the construction from the required governmental agencies. b. Issue drawings and specifications to prospective bidders. (Note: up to 20 sets of final plans, specifications and bid documents shall be supplied as part of the scope of work with additional copies supplies at cost at the expense of CITY.) c. Assist the CITY in evaluating bids and make recommendations concerning the award of contracts. d. Assists the CITY in preparation of conforming copies of contracts. C. Phase III. Construction Phase—Resident Engineer. During construction, ENGINEER shall provide a resident engineer who shall be available at the site to examine the progress and quality of the work performed by the 3 contractor and to determine if the work is being completed in accordance with the contract documents. The resident engineer will make continuous on-site inspection of the work performed and of the methods and sequences of the work. The resident engineer shall also supervise other members of the staff responsible for off-site testing of ready-mix concrete, construction materials or components of for the contractors general procedure, operations, safety precautions and related items. The resident engineer shall provide assurance to the CITY that the project, as completed, conforms to the requirements of the contract documents and he shall submit regular reports to the CITY on the progress of the work. The resident engineer shall endeavor to guard the owner against defects and deficiencies in the work of the con- tractor and he and his staff shall check schedules, construction sequences and related items relating to prompt, safe and efficient completion of the project. Such construction phase work shall include the following: a. The construction phase will commence with the award of the contract for construction and will terminate when final payment to the contractor is made. b. Unless otherwise provided in this agreement and incorporated in the contract documents, ENGINEER shall provide administration of the contract for con- struction as set forth below. c. ENGINEER shall be a representative of the CITY during the construction phase, and shall advise and consult with the CITY. Instructions to the contractor shall be forwarded through ENGINEER. ENGINEER shall have authority to act on behalf of the CITY only to the extent provided in the contract documents. d. ENGINEER shall at all times have access to the work wherever it is in preparation or progress. e. ENGINEER shall determine the amounts owing to the contractor based on observations at the site and on evaluations of the contractor's applications for payment, 4 and shall issue certificates for payment in such amounts, as provided in the contract documents. f. The issuance of a certificate for payment shall constitute a representation by ENGINEER to the CITY, based on observations at the site on the date comprising the contractor's application for payment, that the work has progressed to the point indicated; that, to the best of ENGINEER'S knowledge, information and belief, the quality of the work is in accordance with the contract documents, and that the contractor is entitled to payment in the amount certified. g. ENGINEER shall be the interpreter of the requirements of the contract documents and the judge of the performance thereunder by both the CITY and con- tractor. ENGINEER shall render interpretations necessary for the proper execution or progress of the work with reasonable promptness on written request of either the CITY or the contractor, and shall render written decisions, within a reasonable time, on all claims, disputes and other matters in question between the CITY and the contractor relating to the execution or progress of the work or the interpretation of the contract documents. h. Interpretation and decisions of ENGINEER shall be consistent with the intent of and reasonably inferable from the contract documents and shall be in written or graphic form. In the capacity of interpreter and judge, ENGINEER shall endeavor to secure faithful performance by both the CITY and the contractor, shall endeavor to protect the CITY to the limits of the contract documents, but shall not be liable for the result of any interpretation or decision rendered in good faith in such capacity. i. ENGINEER'S decisions in matters relating to artistic effect shall be final if consistent with the intent of the contract documents. j. ENGINEER shall have authority to reject work which does not conform to the contract documents. Whenever, in ENGINEER'S reasonable opinion, it is necessary or 5 advisable for the implementation of the intent of the contract documents, ENGINEER will have authority to require special inspection or testing of the work in accordance with the provisions of the contract documents, whether or not such work be then fabricated, installed or completed. k. ENGINEER shall review and approve or take other appropriate action upon the contractor's submittals such as shop drawings, product data and samples, but only for conformance with the design concept of the work and with the information given in the contract documents. Such action shall be taken with reasonable promptness so as to cause no delay. ENGINEER approval of a specific item shall not indicate approval of an assembly of which the item is a component. I. ENGINEER shall prepare change orders for the CITY'S approval and execution in accordance with the contract documents, and shall have authority to order minor changes in the work not involving an adjustment in the contract sum or an exten- sion of the contract time which are not inconsistent with the intent of the contract documents. m. ENGINEER shall conduct inspections to determine the dates of substantial completion and final completion, shall receive and forward to the CITY for the CITY'S review written warranties and related documents required by the contract documents and assembled by the contractor, and shall issue a final certificate of payment. n. The ENGINEER shall direct and supervise all material testing, construc- tion inspection and recordkeeping throughout the project's construction. o. The ENGINEER shall assign sufficient and experienced inspectors and clerks to carry on the inspection work. p. Laboratory and off-site material inspection shall be provided by sub- consultants qualified in that type of work and as approved by the CITY. 6 q. Following the completion of construction, the ENGINEER shall prepare as-built plans to be delivered to the CITY together with all pertinent records and files.. Il. Time of Completion A. The ENGINEER shall undertake Phase I upon receipt of an order to proceed from the CITY and shall complete Phase I within three months thereafter. B. The ENGINEER shall undertake Phase II upon the CITY'S approval of the preliminary plan and the receipt of an order from the CITY to proceed with Phase 11. Phase II shall be completed within six months after receipt of the order to proceed. C. The ENGINEER shall undertake Phase III upon the CITY'S awarding a contract or contracts for the construction of the project and shall complete the services under Phase 111 within two months after the completion of construction. D. Throughout the three phases of work, the CITY has the right to terminate the ENGINEER'S contract and services upon the CITY's so notifying the ENGINEER in writing and upon payment to him for his services to date. Ill. Payment for Services Rendered A. Phase I The CITY shall pay the ENGINEER a fee of $50,000 for services rendered under Phase I, to be paid in monthly installments as hereinafter provided. The ENGINEER shall submit monthly invoices for partial and final payment of the total fee together with progress reports certifying the percentage of completion of the work to date. The invoiced amount shall be set at the same percentage of the total fee as that of the reported percentage of completion of the total services to be rendered. The invoices shall be paid upon the CITY'S finding that the invoices and progress reports are reason- able. Payment of the total fee shall be mode upon the CITY'S finding that the ENGINEER has rendered the total services called for. The CITY shall also reimburse the ENGINEER for the cost of (a) aerial and ground surveys and for (b) soil borings and 7 testing and (c) for right of way appraisals, all to be subcontracted by the ENGINEER subject to the approval of the CITY at the actual cost of those services, but not to exceed the amounts of $20,000, $20,000 and $5,000 respectively, which payments shall be made upon the ENGINEER'S submitting the invoices therefor, and the ENGINEER'S certifying the satisfactory completion of the services. B. Phase Il The CITY shall pay the ENGINEER for services rendered under Phase II in the sum of $250,000, payable in monthly installments. The ENGINEER shall submit monthly invoices for partial and final payment of the total fee together with progress reports certifying the percentage of completion of the work to date. The invoiced amount shall be at the same percentage of the total fee as that of the reported percentage of comple- tion of the total services to be rendered. The invoices shall be paid upon the CITY'S finding that the invoices and progress reports are reasonable. Payment of the total fee shall be made upon the CITY'S finding that the ENGINEER has rendered the total services called for. C. Phase III The CITY shall pay the ENGINEER for services rendered under Phase III the amount of his salary costs plus 136.78% thereof for overhead and fringe benefits plus 10% of salary and overhead costs for his fee. Salary costs shall be as shown in Exhibit 'A' which is attached hereto and made a part of this agreement by reference. The 136.78% of salary costs for overhead and fringe benefits is in accordance with the current IDOT approved percentages as shown in the attached exhibit. Payments for Phase III services shall be made monthly upon the ENGINEER submitting invoices therefor. Payment for the testing of materials and off-site inspection by others shall be paid by the CITY upon the ENGINEER rendering invoices therefor, and his certifying the satisfactory completion of, the services, such invoices to be in accordance with the terms of the contracts for such services which contracts shall have been approved by the CITY. 8 The upper limit of compensation for the ENGINEER'S services under Phase III plus reimbursement for testing and inspection by others shall not exceed $600,000. IV. Insurance At all times during the term of this agreement, the ENGINEER shall, at his own cost, maintain the following insurance. A. Workers' compensation insurance in accordance with the laws of the State of Illinois and the laws of such other jurisdictions as may apply. B. Comprehensive general liability insurance, including contractual liability and vehicle liability, for bodily injury, including accidental death, in an amount not less than $1,000,000 to any one person and $1,000,000 for each occurrence; and property damage insurance in an amount not less than $1,000,000 for each occurrence. C. Valuable papers insurance in an amount sufficient to assure restoration of any plans, drawings or similar data relating to the services covered by this agreement, in the event of their loss or destruction, but not less than $300,000. D. Professional liability insurance in an amount not less than $1,000,000. Prior to commencing work under this agreement, the ENGINEER shall furnish the CITY with certificates of insurance evidencing compliance with this section and naming the CITY as co-insured. Such certificates shall provide that not less than 30 days prior written notification of cancellation of the policies shall be given the CITY. IN WITNESS WHEREOF, the parties hereto have executed this agreement. H. W. LOCHNER, INC. CITY OF ELGIN i `/ ./.1•� 4 )/iitt-eJ ��4- P eside Manager Attest: Attest: ecretary City Clerk 9 EXHIBIT A H. W. LOCHNER, INC. Hourly Rate Range - Consultant's Regular Staff Classification From To From To Officer-in-Charge P-8 $30.00 $35.00 Resident Engineer P-5 P-6 16.00 22.00 Assistant Resident Engineer/Liaison Engineer P-3 P-4 11 .00 17.35 Quality Control Engineer P-3 P-4 11 .00 17.35 Senior Proportioning Engineer P-3 P-4 11 .00 17.35 Junior Proportioning Engineer P-1 P-3 9.65 15.00 Senior Inspector P-2 P-4 10.30 17.35 Junior Inspector T-1 T-5 4.53 12.85 Survey Party Chief T-3 T-5 8.25 12. 85 Survey Instrument Man T-1 T-3 4.53 10.25 Survey Rod Man T-1 T-2 4.53 8.75 Record Keeper T-1 T-5 4.53 12.85 Clerk S-1 S-5 4.22 11 .00 Overtime Policy Lochner policy for overtime is time and one-half but not more than $15.00/hour and not less than straight time. REV. 9/1/85 Of ,, CERTIFI - ATE OF INSURANCE ISSUE OA-E ,MMiDD Y`y) *, 12-9-85 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, Heil & Heil Insurance Agency EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Post Office Box 1663 — Evanston, IL 60204 COMPANIES AFFORDING COVERAGE COMPANY A LETTER INA (CIGNA) COMPANY INSURED LETTER COMPANY H. W. Lochner, Inc. LETTER 20 North Wacker Drive COMPANY D Chicago, Illinois 60606 LETTER COMPANY c LETTER a•• COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY .... BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS,AND CONDI- -- TIONS OF SUCH POLICIES. CO POLICY EFFEC LE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS TYPE OF INSURANCE POLICY NUMBER LIP DATE OM OLPNYI DATE(MM/DOM') IIIIIIIIIIEEMMMIZMI GENERAL LIABILITY BODILY 1 I 111111111.111 , xCOMPREHENSIVE FORM INJURY I PREV;sES OPERATIONS PROPERLY MI= ONIDEPGROUND DAMAGE EXPLOSION&COLLAPSE HAZARD A PRODUCTSICOMPLETED OPERATIONS D1 3496298 9-26-85 9-26-86 . cc\-RAc-dAL COMBED $1 ,000 $1,000, INDERENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE I PERSONA_ INJURy PERSONAL INJURY X Broad Form CGL --- I AUTOMOBILE LIABILITY Ii ANr AJTO c'4 PfR5.1k, 1 x AL_ OWNED AUTOS(PRIV. PASS INJURY E ALL 04NED AUTOS(OTHER THAN) ?PACE:DENT . A' X ti,DEDAuTos CAL 8524609593 9-26-85 9-26-86 PROPERTY Ell X NON OWNED AUTOS DAMAGE e GARAGE LIABILITY Ell&PO — COMBINED $1 , 000 EXCESS LIABILITY AX UMBRELLAFORM To Follow 9-26-85sl&PO 9-26-86 COMBINED $2 ,000 $2 , 000, r OTHER THAN UMBRELLA FORM STATUTORY 111111111 WORKERS' COMPENSATION AlAND WWC C20688762 9-26-85 9-26-86 $ as (EACH ACC DENT) $ # # (DISEASE Pg._CY LAI-, EMPLOYERS' LIABILITY $ # # ill RAS OTHER $1, 000 , 000. 00 at A Valuable Papers Dl 3496298 9-26-85 9-26-86 20 N. Wacker Dr. Chicarbo, IL DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS All Locations REFERENCE: North End Bridge Project CERTIFICATE HOLDER ,4' ,7„.", -:• ,•...1:1' . ' CANCELLATION' i;,. ' . ; . .". .; SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- City of Elgin PIRATLON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO City Hall MAIL J 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ' - LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Elgin, IL 60120 - OF ANY KIN* UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES. Attn: Mr. James Cook ,,,,, AuTHORIzEp - i,RESENTATIVE ,i _e___,,,,,/ Cit Mana•er , --, -001•41ime ' ACORD 25(5184) • ' :, , <'-'-_, '.: - v .,e,._,/,' • 0 imActoRD CORPORATION 1984 4:tti '" j'll'' riC rA , El'..' ;.'Z. i-. . . ' ,'':—.4.:.- .' . --.. .' . ' .• ,.