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HomeMy WebLinkAbout90-0912 Howard Needles Tammen Bergendoff RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HOWARD NEEDLES TAMMEN & BERGENDOFF BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Howard Needles Tammen & Bergendoff for engineering services for the Shales Parkway elevated water tower, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 12, 1990 Adopted: September 12 , 1990 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 44 AGREEMENT BETWEEN THE CITY OF ELGIN AND HOWARD NEEDLES TAMMEN & BERGENDOFF ENGINEERS, ARCHITECTS AND PLANNERS FOR PROFESSIONAL SERVICES RELATIVE TO CITY OF ELGIN WATER DISTRIBUTION SYSTEM IMPROVEMENTS This Agreement entered into this / ,41, day of JF( 4\, 1990 between the City of Elgin in the State of Illinois, hereinafter designated as City, and Howard Needles Tammen & Bergendoff, a partnership, hereinafter designated as Consultant, with offices at 111 North Canal, Suite 880, Chicago, Illinois 60606, for engineering services. WITNESSETH: WHEREAS, the City is desireous of professional assistance in developing Preliminary Design, Construction Drawings, Specifications, Contract Documents, and Construction and Related Services for the proposed Shales Parkway Water Tower, a 2 Million Gallon elevated storage tank with cathodic protection, altitude valuing and local and remote monitoring, and site improvements including but not limited to connection to existing water mains, overflow piping to an Elgin-2Agr p.20 . 1 1 existing storm sewer, grading, driveways, fencing and landscaping located east of Shales Parkway, south of Illinois Route 19 , and WHEREAS, the Consultant represents that it is in compliance with the Statutes relating to the practice of engineering and signifies its willingness to provide the desired services. NOW, THEREFORE, in consideration of the premises and of their mutual and dependent agreements, the parties hereto agree as set forth on the following pages 1 through 9 and Attachment Pages A-1 through A-2, which are annexed and made a part hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and approved on the date herein before written by their authorized officers or representatives. CITY OF ELGIN STATE OF ILLINOIS In the Presence of: Af 'mil,. Manager City Clerk HOWARD NEEDLES TAMMEN & BERGENDOFF Gerald H. Styler Donald A. Dupies Engineer-in-Charge Partner -2- 1. GENERAL A. The work under this Agreement shall consist of performing those phases or portions of work necessary or incidental to accomplish the description of work, which is elsewhere herein specified. B. Except for those items which are hereinafter designated to be furnished by the City, the Consultant shall furnish all services and labor necessary to conduct and complete the work and shall furnish all necessary materials, equipment, supplies, and incidentals. C. The Consultant shall from time to time during the progress of the work confer with the City. Following a conference, the Consultant shall make such modifications in the detail of the work as may be found necessary within the scope of the project. When alternatives are being considered, the City shall have the right of selection. D. Conferences shall be held upon the request of either party hereto and visits to the site and inspection of the work may be made at any time by such parties. E. At the request of the City, the Consultant during the progress of the work, shall furnish draft reports, maps, sketches, estimates, or other data relating to the work under this Agreement. F. The Consultant's work will be available for inspection at 111 North Canal, Suite 880, Chicago, Illinois 60606. G. Compliance with all of the foregoing shall be considered to be within the purview of this Agreement and shall not constitute a basis for additional or extra compensation, except as otherwise noted. 2. DESCRIPTION OF WORK AND TIMETABLE A. Phase A: Preliminary Design 1. Review existing City documents regarding the water system and verify the basis of design with the City staff; and 2. Prepare at least three (3) alternative preliminary designs for a two (2) million gallon elevated water storage tank. Preliminary design information shall include: estimated cost of probable construction; estimate time schedule for construction; recommended protective coating and color schemes; recommended type, size and location of "logo" . The City Council will review and approve the choice for the elevated tanks; and 3. Prepare preliminary design memorandum and schematics setting forth the essential elements of the design for location of the tank on the site, proposed connection to the distribution main overflow discharge piping and remaining site improvements. The preliminary design and memorandum will be reviewed by the City Staff; and -1- 4. The Consultant during the Preliminary Design Phase shall recommend to the City a "Geotechnical" consultant for obtaining soil borings located at the proposed site of the elevated water storage tank. Cost of the soil boring program shall be paid direct to the "Geotechnical" consultant by the City. B. Phase B: Final Design and Specifications Following City review and approval of the preliminary design information as specified in Phase A, the Consultant will proceed with the final design of the project as follows. 1. Prepare final construction drawings and written specifications for the project; and 2. On behalf of the City, prepare any and all required state or federal permits applications; and revise such permits as needed; and 3. Submit to the City, a listing of possible contractors for the construction of the project; and 4. Assist the City in preparing the required bid notice and in duplicating and distributing of contract specifications, plans and forms to interested contractors; for work as authorized by the City. 5. Following the opening of bids, prepare a bid tabulation and contract award recommendation to the City based upon the contractors' bid and Consultant's evaluation of the apparent low bidders; and 6. Following selection of a contractor(s) by the City Council, to conduct, in conjunction with the City, a pre-construction meeting of all interested parties. C. Phase C: Construction and Related Services Phase C of the Project shall consist of the Consultant providing on-site construction and related services to measure work progress and compliance with the approved plans and specifications. This work will be provided as follows: 1. Construction Inspection Services a. Provide construction services representation for the elevated tank construction limited to a total of 360 manhours in the field. b. Provide the services of representative specialist, if necessary for periodic inspections of the elevated tank welds and painting during construction. -2- 2. Construction and related services shall be performed as follows: a. Prepare reports and recommendations on Contractor pay requests and prepare the required Engineering certification of completion and verification of waivers of lien and; b. Review shop drawings and other required documents; and c. Review change order requests and recommend acceptance or denial of change orders to the City; and d. Conduct final site visit of the Project with representatives of the City with specific attention to resolving "punch-list" items with the contractor and City. e. Prepare "as-built" drawings for submittal to the City based upon information provided by the contractor. D. Timetable 1. Phase A and B shall be substantially complete by December 1, 1990 depending on the outcome of the following: A. Completion of the water distribution study determining proposed water tank elevations in a timely manner by others. B. Decision by the City Council on the tank configuration. C. Approval by the City council of Plans for Bidding. The project completion of Phase A and B work is dependant on the above actions. The City and Consultant shall confer on the time schedule and the City shall consider reasonable extensions to the schedule at the request of the Consultant. The Consultant shall have the right to request modifications to the Phase A and B contract amount due to salary modifications and overhead adjustments should Phase A and B continue past June 30, 1991. 2. Phase C shall commence following award of a construction contract by the City Council. The anticipated construction window is February 1991 through November 1991. The Consultant shall have the right to request modifications to the Phase C contract amount due to salary and overhead adjustments should construction continue past November 30, 1991. -3- 3. THE CITY'S RESPONSIBILITIES To the extent available, the City shall furnish without charge to the Consultant the following: A. Existing reports, sketches, cost estimates, and other data pertaining to the proposed project. B. Existing maps of the project area, street maps, existing and proposed street cross sections. C. Existing information pertaining to locations, sizes, and elevations of existing and proposed utilities and/or adjustments , and locations of right-of-way corners and right-of-way plans which may be required for the project. D. The City shall examine documents submitted by the Consultant and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Consultant's service. E. Resident Project Representative reports for construction work provided by the City's own personnel. F. The City shall provide bench marks within 2000' of the proposed site of the elevated storage tank. 4. PROGRESS REPORTS The Consultant shall submit monthly progress reports, which shall present in acceptable form a record of the work by phase accomplished by the Consultant. The report shall also compare actual progress to that scheduled and shall explain what work is planned for the next reporting period. 5. PROGRESS PAYMENTS As the work progresses, progress payments shall be payable monthly, all in accordance with progress reports submitted to and approved by the City. Invoices are due and payable upon receipt. 6. COMPENSATION For services rendered under the terms of this contract, the Consultant shall be paid in current funds as follows: A. For Basic Services For Phase A - Preliminary Design, Phase B - Final Design and Specifications and Phase C - Construction and Related Services all as described above in the "Description of Work" , the Consultant's lump sum fee shall be $29,215.00 for such services. This cost does not include the cost of the "Geotechnical" consultant. The "Geotechnical" Consultant's fee is estimated to be $1,977.00 for soil borings and shall be payed direct to the "Geotechnical" consultant by the City. -4- B. For Additional Services For additional services the Consultant's fee shall be based upon actual payroll cost (includes direct salary cost plus FICA, IES, and FUS taxes; Workman's Compensation Insurance; Health and Accident Group Insurance; Holidays; and Vacations) times a multiplier of 1.90 plus direct non-salary expenses. C. Times of Payment The Consultant shall submit monthly statements for Basic and Additional Services rendered. The statements will be based upon Consultant's estimate of the proportion of the total services actually completed at the time of billing. The City shall make prompt monthly payments in response to the Consultant's monthly statements. 7. OPINIONS OF COST The Consultant has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s) ' methods of determining prices, or over competitive bidding or market conditions. Its opinions of probable project cost and construction cost provided for herein are to be made on the basis of its experience and qualifications and represent its best judgment as an experienced and qualified professional engineer, familiar with the construction industry. The Consultant cannot and does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost prepared by it. 8. ASSIGNABILITY The Consultant shall not have the right to assign or subcontract this Agreement, or any part or portion thereof except surveys and geotechnical services , without having in advance of any such assignment or subcontracting the written consent of the City. 9. AMENDMENTS This Agreement constitutes the entire agreement between the parties, and it shall be amended only by a subsequent agreement in writing subscribed by the parties hereto. 10. INDEMNITY The Consultant shall indemnify and save harmless the City against all liability claims, actions , judgments, costs and expenses, which may in any way come against the Consultant in consequence of the execution and performance of this Agreement as a result of the negligence of the Consultant and its employees. -5- 11. WORKER'S COMPENSATION, SOCIAL SECURITY, AND UNEMPLOYMENT TAXES The Consultant hereby expressly agrees to carry Worker's Compensation Insurance for the benefit of its employees engaged in work under this Agreement, in an insurance company duly licensed to transact the business of Worker's Compensation in the State of Illinois. The Consultant shall pay, when due and payable, the Social Security and unemployment taxes imposed by law. 12. DEATH OF PARTNER In the event of the death or incapacity or inability or any other reason of any of the Partners to participate in the performance of the work, the surviving Partners shall complete the work as required under this Agreement. 13. TERMINATION The City reserves the right to terminate this Agreement at any time by giving the Consultant thirty (30) days' written notice of such termination, addressed to this Chicago office. In the event of said termination, the City shall be liable only for the "reasonable value of the services rendered" to the date of termination and based upon fees described herein, plus Termination Expenses. "Reasonable value of services rendered" means dollar value of the percentage of compensation as set forth herein. Termination Expenses are defined as expenses directly attributable to termination, plus 5% of the total compensation earned to the time of termination to account for Consultant's rescheduling adjustments, reassignment of personnel and related costs incurred due to termination. In the event of termination or completion of this Agreement, all the original documents shall be surrendered to the City by the Consultant. 14. FINAL SETTLEMENT Any dispute in the interpretation of the provisions of the Agreement shall be settled through negotiation between the Liaison Engineers of the signatory parties. If they cannot agree, the dispute will be referred through proper administrative channels to the City. The City shall decide all claims, questions and disputes and the decision shall be final. This shall not be construed to abrogate the Consultant's rights under the law. 15. ACCESS TO RECORDS The Consultant shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred. These materials shall be available for inspection at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. Copies shall be furnished if requested. -6- 16. OWNERSHIP OF ENGINEERING DOCUMENTS Upon completion or termination of this Agreement, the original plans and copies of notes , studies, reports, estimates , specifications, maps , etc. , shall be delivered to and become the property of the City. Reuse of any of the documents of the Consultant by the City on extensions of this project or on any other project without the written permission of the Consultant shall be at the City's risk and shall not constitute any liability on the Consultant. Consultant shall not unreasonably withhold its written permission. 17. ADDITIONAL SERVICES The Consultant, when directed and authorized in writing by the City at an agreed upon cost, shall furnish additional services, such as: A. Assist in the preparation of ordinances and exhibits for issuance and sale of Bonds for funds to pay the cost of the Project. B. Prepare property, boundary, easement, and right-of-way surveys and documents. C. Furnish services in connection with sub-surface exploration, laboratory testing and inspection of samples and materials of construction. D. Furnish additional services during construction as a result of defective or neglected work of the contractor, prolonging of the construction contract time beyond the specified contract period, acceleration of the work schedule involving services beyond established office working hours, and/or the contractor's default under the construction contract due to delinquency or insolvency. E. Certification or verification of items of construction not on site or witnessed by the Consultant's Resident Project Representative. F. Preparation and issuance of addenda as directed to the City. G. Design and associated work on the addition of pressure adjusting values and appurtenances. H. Preparation of applications and related documents for governmental grants, loans and/or allotments in connection with the Project. I. Additional Design Services due to significant changes in the Scope of the Project (i.e. , such as, but not limited to, changes in complexity or character of construction) . J. Furnishing additional copies of reports , and/or additional copies of plans and specifications or record prints . K. Preparation of special change orders as directed by the City. L. Provide any other special consultation or services in connection with the Project. -7- 18. EXTRA WORK In case it is advisable or necessary in the execution of the work to make any alteration which will increase or diminish the quantity of labor or material or the expenses of the work, such alteration shall not annul or vitiate the Agreement. The Consultant shall furnish the necessary labor, material, and engineering knowledge to complete the work as altered within the time limit originally specified or as extended by the City. Alteration in the work under the Agreement shall be authorized by a written order from the City. When, in the opinion of the Consultant, such order involves extra work for which the Consultant in his opinion will require added compensation, the Consultant shall submit a request in writing to the City requesting payment for such work. The City shall review the Consultant's submittal and, if acceptable, issue a letter form change order as an amendment to this Agreement. Work under such change order shall not proceed unless and until so authorized by the City. 19. NONDISCRIMINATION IN EMPLOYMENT During the performance of this Agreement, the Consultant, for itself, its assignees and successors in interest agrees as follows: In connection with the performance of work under this Agreement, the Consultant agrees not to discriminate against any employee or applicant because of sex, age, race, religion, creed, color, handicap, physical condition, veteran status, or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant further agrees to take affirmative action to ensure equal employment opportunities for persons with disabilities. The Consultant agrees to post in conspicuous places , available for employees and applicants for employment, notices to be provided by the City, setting forth the provisions of the nondiscrimination clause. 20. EQUAL OPPORTUNITY POLICY The Consultant will not discriminate against any employee or applicant for employment because of sex, age, race, religion, creed, color, handicap, physical condition, veteran status or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their sex, age, race, religion, creed, color, handicap, physical condition, veteran status or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places , available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination policy. By accepting this Agreement, the City acknowledges compliance with U.S . Presidential Executive Order 11246 of September 24, 1965 and with rules, regulations and orders pursuant thereto. -8- 21. PROJECT REPRESENTATION BY THE CITY The City shall appoint a Project Coordinator who shall be the City's representative for the term of this Agreement. When a Project Coor- dinator is appointed, the City shall inform the Consultant in writing of the Coordinator's name, address and telephone number. The Project Coordinator shall have complete authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to materials, equipment elements and systems pertinent to the work covered by this Agreement. 22. PROJECT REPRESENTATION BY THE CONSULTANT Donald A. Jakesch, P.E. shall be the official representative for the Consultant through whom the work will be coordinated and administered. -9- SCOPE OF SERVICES FOR CITY OF ELGIN SHALES PARKWAY WATER TOWER 1.0 Information Gathering Meet with the Elgin staff to gather information and review existing water system studies. 2.0 Field Survey A. Review previous surveys and topographical information. B. Perform a topographic field survey of the water tank site including all necessary elevations and break lines to establish contours and existing improvements. C. Coordinate survey with J.U.L.I.E. 3.0 Soil Borings A. Contract with geotechnical consultant obtain soil information for the project including: 1. Soil borings at the proposed elevated water storage tank site (estimated at 4) . 2. Geotechnical report outlining the results of the soil borings including moisture content, dry unit weight and unconfined compressive strength including an engineering evaluation of the results. 4.0 Preliminary Design Preparation A. Prepare preliminary drawings and schematics for three (3) alternate designs of the proposed 2 Million Gallon elevated water storage tank. Tank design concept style, color and logo to be approved by City Council. Exact tank elevations are to be determined by a water system study currently in progress by others. B. Prepare preliminary site engineering plans for the tank site including preliminary layout and location of tank foundation, driveways, site water and overflow piping and fencing. C. Prepare preliminary estimate of probable construction cost. 5.0 Final Design Preparation A. Prepare final plans and related bidding documents for: 1. Selected 2 Million Gallon elevated water storage tank or up to one alternate including plan depiction of tank(s) . A-1 2. Tank site including engineering plans for site grading, water piping, valving, overflow piping to existing storm sewer, driveways, fencing, telemetry and landscaping (seed or sod) . 6.0 Specification and Bid Document Preparation A. Prepare specification and bid documents for the tank and tank site. 7.0 Estimates of Probable Construction Cost A. Prepare a final estimate of probable construction cost. 8.0 Permits A. Prepare necessary IEPA permit applications and FAA applications. B. Revise such permits as needed. 9.0 Bidding Process A. Deliver twelve (12) sets of final plans and specifications for each separate project complete with necessary bidding documents to the City. B. Assist the City in the public bidding process and in the evaluation of bids. 10.0 Construction Services Representation A. Provide part-time resident representation during construction of the proposed 2 Million Gallon elevated water storage tank and site. B. Provide specialist for investigation of field welding and field painting of elevated water storage tank. C. Provide punch list and substantial completion papers . D. Total field inspectional services shall be limited to 360 manhours. 11.0 Final Project Coordination A. File completion papers. B. Submit record drawings. A-2