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HomeMy WebLinkAbout88-1229 Donohue ENGINEERING AGREEMENT WATER DISTRIBUTION SYSTEM IMPROVEMENTS ELGIN, ILLINOIS THIS ENGINEERING AGREEMENT is made and entered into this 9- day of e,c�,M be k— , 1988 , by and between the Village of Elgin, hereinafter called the Owner, and Donohue & Associates, Inc. , hereinafter called the Engineer. WHEREAS, the Owner intends to design and construction the North- west Elevated Tower, Booster Pump Station, and Distribution System modifications. WHEREAS, the Owner wishes to employ the Engineer to perform the design and construction related services. NOW, THEREFORE, in consideration of these premises and the cove- nants, agreements, and payments, hereinafter mentioned, the Owner and the Engineer hereby mutually agree as follows: ARTICLE I - DESCRIPTION OF PROJECT The Owner is requesting engineering, design, specification prepa- ration, construction cost estimates, scheduling, coordinating and providing bid evaluation and construction inspection services for the installation of; system separation valves, a 1 . 0 MG elevated storage tower and a ground level booster station with associated piping and control systems. ARTICLE II - SCOPE OF SERVICES The Engineer will provide the following services: PHASE I - ELEVATED TOWER This phase includes design and construction services for a one million gallon elevated tower. This tower is to be located in the southwest portion of lot five of the Westfield Business Park located west of Fox Lane and Randall Road. The tower overflow elevation is to serve an elevation of 920 USGS at 60 psi. Addi- tional items to be addressed include cathodic protection, remote monitoring of water level , compliance to AWWA standards and local ordinances, FAA and IEPA permits, and disposition of overflow discharge. A. Tower: Selection 1. Select three (3) tower configurations for the Owner' s City' s consideration. 2 . Develop a preliminary site plan for the proposed confi- gurations. 3 . Prepare a rendering for each configuration based on the tentative site location with a color and proposed logo. 4 . Prepare a construction cost estimate for each configura- tion. 5. Prepare construction time schedule, color selection chart, tower logo, and location for each configuration. 6 . Evaluate and provide a recommendation regarding the use and need of a cathodic protection system. 7 . Contact FAA and IEPA to obtain preliminary requirements with regard to construction permits. 8 . Present to the Owner the three alternate designs and documentation for tower selection. As part of the pre- sentation, a letter report will be submitted addressing the items within this task. B. Tower: Design 1. Upon receiving approval from the Owner, commence design of one selected tower configuration. 2 . Conduct a closed loop traverse including proposed pump station site, system separation valve site, and proposed elevated tower. 3 . Review existing soil boring information and determine if additional soil borings are necessary. When, in the opinion of the Engineer, additional soil borings are necessary to secure information on subsurface conditions for design, the Engineer will negotiate with an indepen- dent soil boring firm. The contract with the soil boring firm will be between the Engineer and the con- tractor. The cost shall be paid by the Owner. 4 . Preparation of draft plans, specifications, and contract documents for: a. A 1. 0 MG elevated tower. b. Appurtenances necessary for the operation of the elevated tower and necessary access to the elevated tower. c. Site planning including proposed grades, surface restoration, access, and security. 5. Meet with the Owner to discuss the draft plans, specifi- cations, and contract documents. 6. Establish procedures for tower operation during low flow periods which will minimize stagnant water or ice forma- tion during winter months. 7 . Prepare final plans, specifications, and contract docu- ments to receive competitive bids. 8 . Assist the Owner in obtaining design approvals from state and local agencies by submitting necessary docu- mentation. This includes preparation of IEPA and FAA and permit forms, ready for the Owner' s execution. 9 . Assist the Owner in receiving and analyzing the contrac- tors ' bids and prepare recommendation for the award of contract. C. Tower: Construction Related Services 1. Assist the Owner in preparing the contract documents for execution and review by the Owner. 2 . Conduct the preconstruction conference with the Owner, contractor, utility, and affected private utilities. 3 . Provide a reference line and benchmark elevation for the elevated tower. 4 . Review shop drawings and other equipment submittals. 5. Review monthly applications for payment submitted by the contractor and recommend payment by the Owner. 6. Where applicable, witness field testing of the facili- ties furnished under the contract to assure compliance with the contract documents. 7 . Periodically visit the construction site to observe the work and to confer with the Owner' s staff and the con- tractor to help assure compliance of the work with the contract documents. 8 . Provide full-time construction observation during the following construction periods: a. Subgrade excavation and compaction. b. Foundation work. c. Material inspection and steel plate and process piping construction. d. Painting and sand blasting. 9 . Assist the Owner in administering change orders and field modifications. 10. Perform field observation of the completed work before a final application for payment is processed for the con- tractor. PHASE II - BOOSTER PUMP STATION The proposed booster pump station is to contain two 500 GPM pumps. The design is to incorporate the possibility of increa- sing the booster pump size at a future date. The Engineer is assuming that the need for chemical feed facili- ties at the station will not be necessary. The proposed station location is at the northeast corner of intersection of Fox Lane and Holmes Road. This station is to be above grade, with anti-graffiti brick, no windows, and fencing to provide security. Items to be incorporated in the design and construction include such things as overhead crane, access to equipment for maintenance and repair, capability to isolate com- ponents and the entire facility from the system for maintenance and repair, a station by-pass line, pressure reducing/sustaining valve, surge relief, and local and remote monitoring control capabilities. The process piping is also to provide provisions for obtaining field measurements of pump station flow. A. Booster Pump Station: Design 1. Meet with the Owner to determine specific design parame- ters and obtain existing plans on file for right-of-way and plat information of the subject property. 2 . Identifyand evaluate no more than three (3) alternative power sources for the booster pump station. Provide a letter report outlining the details of alternate power selection and evaluation including construction costs and recommendation. This scope of services for design and construction does not include building the facili- ties for an alternate power source nor design of the alternate power source. 3 . Conduct a field survey to obtain horizontal and vertical topography, location of above ground and underground structures, and existing utilities. 4 . Determine the operating procedures of the existing water facilities with respect to the booster pump station. These operating procedures will specifically address the operation of the booster pump station in conjunction with the proposed water tower, water treatment plant, and transmission main. 5. Develop a process flow schematic indicating operating parameters. 6. Meet with Owner personnel to review design parameters, field data, process flow schematic, and operating para- meters. 7 . Review any existing soil boring information and deter- mine whether additional soil borings are necessary. When, in the opinion of the Engineer, additional soil borings are necessary to secure information on subsur- face conditions for design, the Engineer will negotiate with an independent soil boring firm. The contract with the soil boring firm will be between the Engineer and the contractor. The cost shall be paid by the Owner. 8 . Submit the preliminary plans to service utilities affec- ted by the project for their review and comment. These utilities may include gas, electric, telephone, cable t.v. , and municipal utilities. 9 . Finalize and submit preliminary plans of the building showing no more than four (4) elevations. The architec- tural treatment of the facility will incorporate exis- ting architecture of the surrounding area. 10. Prepare preliminary specifications including bid items, contract documents and specifications, and estimated quantities. 11. Submit final plans and specifications for comments by the Owner and utilities. 12 . Currently, it appears the additional right-of-way or easement will be necessary. However, if during the design process it becomes apparent that additional right-of-way or easement is necessary to complete the construction of the proposed facilities, the Engineer Donohue will identify the additional easements necessary and the Owner will prepare the easement documents and obtain the easement from the property owner. 13 . Attend two (2) staff meetings and one (1) Council meeting and provide required engineering data for the meetings. 14 . Submit plans, specifications, and contract documents which have incorporated final Owner and utility comments to appropriate state and local agencies for permits. 15. Supply thirty (30) copies of the bidding documents required for receiving competitive bids on the project. 16. Distribute the bidding documents to prospective bidders. 17 . Assist the Owner in advertising for and receiving bids. Analyze the bids received and prepare a recommendation to the Owner for award of contract. B. Booster Pump Station: Construction Related Services 1. Assist the Owner in assembling the contract documents for execution by the contractor and the Owner. 2 . Conduct a preconstruction conference with representa- tives of the contractor, engineer, owner, and affected utilities. Prepare and distribute minutes of the meeting. 3 . Attend and participate in field coordination meeting with representatives of the contractor, Owner, and affected utilities. Prepare and distribute minutes of the meetings. 4 . Provide one set of construction stakes, baseline, and reference elevation to be used by the contractor during the construction of the proposed facilities. Note: No property staking or land surveys are included in the scope of this proposal . 5. Provide site visits by appropriate discipline personnel at appropriate stages of the construction to review the quality of the work. 6 . Review shop drawings and other equipment submittals as required by the contract drawings. 7 . Prepare contract change orders for execution by the Owner and contractor. 8 . Process monthly applications for payments submitted by the contractor and forward to the Owner with recommenda- tions for approval and payment. 9 . Provide appropriate discipline personnel for field tes- ting and start-up of the facilities furnished under the contract to assist in determining conformance with the contract documents. • 10. Revise the original tracings on completion of the pro- ject in accordance with the information supplied by the contractor and provide the Owner with one set of sepia mylars. 11. Conduct a final inspection of the project with represen- tatives of the Owner and contractor. PHASE III - SYSTEM SEPARATION VALVE The system separation valve, identical to the one designed as part of the booster pump station, is to be located at the inter- section of Big Timber Road and North Lyle Avenue. The purpose of the system separation valve is to allow water to flow from the high pressure zone to the low pressure zone. The valve is inten- ded to be located in an accessible vault with considerations to be given for future expansion to a booster pump station. The vault could be constructed on-site or a prefabricated steel con- tainer that is delivered to the site complete. In addition, local and remote monitoring and control are to be provided. Provisions for field measurement of flow are to be provided. The Engineer has intended that the design and construction will occur simultaneously with the booster station in Phase II and be bid in one contract document. A. System Separation Valve: Design 1. Meet with the Owner to determine specific design parame- ters and obtain existing plans on file for right-of-way and plat information of the subject property. 2 . Conduct a field survey to obtain horizontal and vertical topography, location of above ground and underground structures, and existing utilities. 3 . Determine the operating parameters of the system separa- tion valve with respect to the water system. 4 . Meet with Owner personnel to review design parameters, field data, and operating parameters. 5. Review any existing soil boring information and deter- mine whether additional soil borings are necessary. When, in the opinion of the Engineer, additional soil borings are necessary to secure information on subsur- face conditions for design, the Engineer will negotiate with an independent soil boring firm. The contract with the soil boring firm will be between the Engineer and the contractor. The cost shall be paid by the Owner. 6. Submit the preliminary plans to service utilities affec- ted by the project for their review and comment. These utilities may include gas, electric, telephone, cable t.v. , and municipal utilities. 7 . Prepare preliminary specifications including bid items, contract documents and specifications, and estimated quantities. 8 . Submit final plans and specifications for comments by the Owner and utilities. 9 . Currently, it appears the additional right-of-way or easement will be necessary. However, if during the design process it becomes apparent that additional right-of-way or easement is necessary to complete the construction of the proposed facilities, the Engineer Donohue will identify the additional easements necessary and the Owner will prepare the easement documents and obtain the easement from the property owner. 10 . Attend two (2) staff meetings and one (1) Council meeting and provide required engineering data for the meetings. 11. Submit plans, specifications, and contract documents which have incorporated final Owner and utility comments to appropriate state and local agencies for permits. 12 . Incorporate the design of the separation into the bid- ding documents of Phase II - Booster Pump Station. B. System Separation Valve: Construction Related Services 1. Conduct a preconstruction conference with representa- tives of the contractor, engineer, owner, and affected utilities. Prepare and distribute minutes of the meeting. 2 . Attend and participate in field coordination meeting with representatives of the contractor, Owner, and affected utilities. Prepare and distribute minutes of the meetings. 3 . Provide one set of construction stakes, baseline, and reference elevation to be used by the contractor during the construction of the proposed facilities. Note: No property staking or land surveys are included in the scope of this proposal. 4 . Provide site visits by appropriate discipline personnel at appropriate stages of the construction to review the quality of the work. 5. Review shop drawings and other equipment submittals as required by the contract drawings. 6. Prepare contract change orders for execution by the Owner and contractor. 7 . Process monthly applications for payments submitted by the contractor and forward to the Owner with recommenda- tions for approval and payment. 8 . Provide appropriate discipline personnel for field tes- ting and start-up of the facilities furnished under the contract to assist in determining conformance with the contract documents. 9 . Revise the original tracings on completion of the pro- ject in accordance with the information supplied by the contractor and provide the Owner with one set of sepia mylars. 10. Conduct a final inspection of the project with represen- tatives of the Owner and contractor. PHASE IV - INSTRUMENTATION AND CONTROL This phase combines items regarding the Riverside Plant Controls and the monitoring and control of the remote sites at the pro- posed elevated tower, booster pump station, and system separation valves. Develop a control strategy that identifies new functions and components at the proposed facilities and their relation with existing control systems and facilities. Modifications to the Riverside controls include recommendations for the implementation and modifications to the existing opera- tions control panel including the booster pump station monitoring control and tower monitoring for the proposed tower and an addi- tional future tower. Two (2) existing Bristol-Babcock recorders are to be converted from single to dual pen for tower monitoring, and additional system separation valve monitoring and control functions along with recorders for monitoring of contractual water sales agreements between the Owner and Sleepy Hollow and Bartlett. A recommendation on the compatibility of control sys- tem additions with a future computer link is to be provided along with the above recommendations. Monitoring and control of the tower functions are to be teleme- tered to the booster pump station and the Riverside Treatment • • Plant with level indication at the booster station, level recor- ding at the water treatment plant, along with high/low level alarms at the treatment plant. Monitoring and control for the booster pump station will include automatic pump operation with manual override and local and remote operation, ability to start both pumps in the event of a fire, etc. either locally or remotely. Items to be located at the station may include pump discharge pressure, local/remote mode switching, hand/off/automatic switching, and individual pump switching. Items to be telemetered from the booster pump station to the Riverside Treatment Plant may include such items as pump discharge pressure, hand/off/automatic switching, individual pump switching, building temperature alarm, low suction pressure cut- off/alarm, pump failure, flood/fire alarms, and entry alarms. Monitoring and control for the system separation valve to be located at the vault may include such items as a local/remote switch and manual full range control. Telemetered to the River- side Treatment Plant may include items such as manual full range control (stop) and position indication. An additional item may include security, flood, fire, and communication. The scope of services assumes that telemetering will done with leased telephone lines. Our scope does not include design or construction for upgrading any of the existing telemetering or control components at the Riverside Plant or any others not spe- cifically associated with these changes. A. Instrumentation and Control : Design 1. Develop a control strategy which addresses new and exis- ting facilities and their function. Parameters included are those mentioned above with additional monitoring items as identified during project initiation. Upon completion, a letter report will be submitted to the Owner' s staff for review. This control strategy will have to be agreed upon by the Owner' s staff prior to initiation of instrumentation and control final design. 2 . Prepare plans and specifications for the modification of the existing control panel at Riverside to incorporate telemetering and control of the following: a. Modification of panel to include booster station controls. b. Modification of panel to monitor level at two ele- vated storage tanks (one future, one proposed) . c. Modification to panel include control and moni- toring of separation valve at Big Timber and Lyle Avenue. d. Modification to panel to include monitoring of con- tractual water sale information from existing remote metering equipment. 3 . Design of instrumentation and control at the proposed remote sites will be completed as part of the scope of services in each phase identified in this Agreement. B. Instrumentation and Control: Construction Related Services The instrumentation and control facilities needed to provide the necessary monitoring, control, and modifications will be conducted as part of the construction related services for the major phases of the elevated tower, booster pump station, and system separation valve. PHASE V - TRANSMISSION MAIN This phase includes the design and construction services for 2 , 600 feet of 16-inch transmission main from the tower to the existing Randall Road water main. It also includes approximately 600 feet of 16-inch water main connecting the 16-inch main from the tower to an existing 12-inch water main in Fox Lane. The scope of services are similar for both the 2 , 600 and 600 feet of 16-inch water main. The compensation section will delineate the deduct and add for the particular projects. A. Transmission Main: Design 1. Meet with the Owner to determine specific design parame- ters and review existing plans and information. 2 . Conduct a field survey to obtain horizontal and vertical control, location of above and underground structures, and existing utilities. 3 . Review existing soil boring information and determine if additional soil borings are necessary. When, in the opinion of the Engineer, soil borings are necessary to secure information on the subsurface conditions for design, the Engineer will negotiate with an independent soil testing firm. The contract with the soil boring firm will be between the Engineer and the contractor. The cost shall be paid by the Owner. 4 . Develop preliminary plans showing existing and proposed plan and profile. 5 . Review the preliminary plans with the Owner. 6 . Submit the preliminary plans to other service utilities affected by the project for their review and comment. The utilities would include gas, electric, telephone, and other identified utilities. 7 . Finalize comments from meetings and reviews with the Owner and incorporate these comments into the final plans. 8 . It appears that the proposed water main route will not require any easement acquisition. However, construction easement may become necessary dependent upon the loca- tion of the proposed water main within the right-of-way. If easements are necessary, the Engineer will notify the Owner of the easement requirements. Easement acquisi- tion is not included in the scope of this proposal. 9 . Prepare the preliminary specifications including bid items, contract documents, specifications, and estimated quantities for discussion with the Owner. 10. Finalize comments of the meetings with the Owner and incorporate these comments into the final bid items, specifications, and contract documents. 11. Submit the final plans and specifications for comments to the Owner. 12 . Submit the final plans and specifications to other ser- vice utilities affected by the project for final review and comment. 13 . Submit plans, specifications, and contract documents which have incorporated final Owner comments and other service utility comments to appropriate state and local agencies for approval and permits. 14 . Attend meetings upon request with the Owner, from the start of the project through final design, to answer questions directed from the Owner pertaining to the project and to inform the Owner of the progress of the project. 15. Supply thirty (30) copies of the bidding documents, con- duct bid openings at the Owner assist in advertising for receiving bids, analyze the bids received, and prepare a recommendation to the Owner for the award of contract. B. Transmission Main Construction Related Services 1. Assist the Owner in preparing contract documents for execution and award. 2 . Attend progress meetings, upon request, from award of bids to project completion. 3 . Conduct a preconstruction conference with the contrac- tor, Owner, utilities, resident inspector, resident engineer, and other affected service utilities. 4 . Provide control stakes for alignment and grade of the water main to be constructed. 5 . Review and recommend the contractor' s monthly payment request for approval . 6 . The resident engineer will visit the site to observe the work and meet with the Owner and the contractor to determine if the project is proceeding in accordance with the contract documents. 7 . Confer with the Owner administering and accepting field change orders and field modifications. 8 . Perform a field observation of completed work before final application for payment is processed for the con- tractor. 9 . Upon completion of the project, revise drawings in accordance with observation records of the resident engineer and the contractor and supply the Owner with a set of record drawings. 10. Provide full time observation of the work during con- struction based on the contractor' s work schedule. ARTICLE III - OWNER'S RESPONSIBILITIES The scope of services outlined in this proposal is based on the understanding that the Owner will provide the following: 1. Coordination with Commonwealth Edison for completion of burying (aerial) proposed service to the elevated tower, booster pump station, and system separation valve. 2 . Secure permission to access the site for the conduct of soil borings and other design activities. 3 . An individual authorized to act as the Owner' s repre- sentative. 4 . All available plans, drawings, and documents related to the affected facilities. 5 . Execute permits and payment of all fees required for approval by local, state, and federal agencies. ARTICLE IV - COMPENSATION Compensation for these services will be billed in accordance with the Engineer' s hourly rates in effect at the time the services are performed. The hourly rates are actual direct labor costs times a factor for overhead and burden plus profit. The Engineer will bill the Owner monthly for the services provided, plus direct expenses, such as technical equipment, computer time, printing, and travel expenses. The bill will provide a breakdown of services rendered according to the Engineer' s standard job classifications and is due thirty (30) days after the billing date. The compensation does not include soil boring costs. The fees for these services are as follows: 1. PHASE I - ELEVATED TOWER Design Services $15, 000 Not-to-Exceed Construction Services* $45, 000 Not-to-Exceed Soil Boring $ 2 , 100 Estimated * Includes 874 hours for full-time observation. Addi- tional observation hours are to be reimbursed at $40. 00 per hour. 2 . PHASE II - BOOSTER PUMP STATION PHASE III - SYSTEM SEPARATION VALVES Design Services $15, 000 Not-to-Exceed Construction Services* $10, 000 Not-to-Exceed Soil Boring $ 2 , 000 Estimated * Includes 60 hours for part time observation. Additional observation hours are to be reimbursed at $40. 00 per hour. 3 . PHASE IV - INSTRUMENTATION AND CONTROL Fees for engineering design and construction services are incorporated into Compensation Item Nos. 1 and 2 above. • 4 . PHASE V - TRANSMISSION MAIN a. 16-Inch to Randall (2600 feet) Design Services $10, 000 Not-to-Exceed Construction Services* $10, 000 Not-to-Exceed Soil Boring $ 1, 500 Estimated b. 16-Inch to Fox Lane (600 feet) Design Services $ 3 , 500 Not-to-Exceed Construction Services* $ 3 , 500 Not-to-Exceed * Includes 200 hours for full-time observation. Addi- tional observation hours are to be reimbursed at $40. 00 per hour. ARTICLE V - STATEMENT OF RESPONSIBILITY This agreement shall not be construed as giving the Engineer the responsibility or authority to direct or supervise construction methods, means, techniques, procedures, or safety methods used by the contractor(s) or subcontractors performing the construction work. Neither observations by the Engineer nor inspections, tests, or approvals by any other party shall relieve the contrac- tor from his obligations to perform the work in accordance with the requirements of the contract documents. The contractor has the responsibility to maintain a safe work place and to monitor the work to ensure proper quality and completion within the con- tract time. ARTICLE VI - CHANGE OF SCOPE If services different from those in this agreement are required of the Engineer as a result of subsequent investigations, changes in regulatory agency requirements or interpretations, or upon the direction of the Owner, the Engineer and the Owner agree to rene- gotiate this agreement. The additional services and compensation shall be negotiated, and the Engineer shall not proceed with the additional services until approved by the Owner and the appropri- ate regulatory agency, if required. ARTICLE VII - TIMING AND PERSONNEL The Engineer has or will secure qualified personnel, equipment, and facilities to complete the services outlined in this agree- ment. Presentation of elevated tower alternatives will be at the January 25, 1989 Committee of the Whole Council meeting. The Engineer anticipates providing personnel to complete the design of the entire project, ready for submittal prior to May, 1989 . Construction of the entire project is to be completed by May, 1990. • ARTICLE VIII - GENERAL TERMS AND CONDITIONS All services will be performed in accordance with the Engineer' s General Terms and Conditions, dated November 1, 1987 , which are attached and incorporated into this agreement by reference. Execution of this agreement shall be considered as authorization to proceed with the engineering services described in Article II . IN WITNESS WHEREOF, the Village of Elgin, Illinois, and Donohue & Associates, Inc. have respectively caused this agreement to be duly executed as of the day and year first above written. DONOHUE & ASSOCIATES, INC. CITY OF ELGIN, ILLINOIS David I. L e , P.E. Mayor Senior Vice Pr' sident " DIL/kkd 4-e—GUA4Let Clerk Enc: As noted 142.1 /73- Date MAR/PRO/AL2 Donohue GENERAL TERMS AND CONDITIONS Effective November 1, 1987 1. Donohue will bill the Owner monthly with net payment due in t days. Bills will detail hours and other fees charged by standard job classifications. Client requests for copies of original source documents will be billed as additional services at the rates in effect at the time of the request. Any sales or use taxes imposed upon provision of professional services under this agreement and in effect on the date of the bill will be added to the invoice amount and billed to the Owner. Past due balances shall be subject to a service charge at a rate of 1.0% per month. In addition, Donohue may, after giving seven (7) days written notice, suspend service under any agreement until the Owner has paid in full all amounts due to services rendered and expenses incurred, including a service charge on past due invoices. 2. The stated fees and scope of services constitute our best estimate of the fees and tasks required to perform the services as defined. This agreement, upon execution by both parties hereto, can be amended only by written instrument signed by both parties. For those projects involving conceptual or process development services, activities often cannot be fully defined during initial planning. As the project progresses, facts uncovered may reveal a change in direction which may alter the scope. Donohue will promptly inform the Owner in writing of such situations so that changes in this agreement can be renegotiated as required. 3. Costs and schedule commitments shall be subject to renegotiation for delays caused by the Owner's failure to provide specified facilities or information or for delays caused by unpredictable occurrences including, without limitation, fires, floods, riots, strikes, unavailability of labor or materials, delays or defaults by suppliers of materials or ser- vices, process shutdowns, acts of God or the public enemy, or acts or regulations of any governmental agency. Temporary delays of services caused by any of the above which results in additional costs beyond those outlined may require renego- tiation of this agreement. 4. Donohue will maintain insurance coverage for: Worker's Compensation, General Liability, Automobile Liability, Aviation, and Professional Liability. Donohue will provide specific limits upon request. If the Owner requires coverages or limits in addition to those in effect as of the date of the agreement, premiums for additional insurance shall be paid by the Owner. 5. Donohue and the Owner agree that the overall liability for the actual, alleged, or threatened discharge, dispersal, release, or escapement of pollutants, and the responsibility for the ownership and maintenance of any toxic, hazardous, or asbestos materials relating to the project, remain with the Owner. Donohue and the Owner acknowledge that Donohue's pro- fessional liability policy does not apply to claims arising out of the actual, alleged, or threatened discharge, disper- sal, release, or escapement of pollutants. Therefore, the Owner agrees not to bring a claim against Donohue relating to the uninsured liability referenced above. Furthermore, the Owner agrees to indemnify and hold harmless Donohue for claims against Donohue by a third party for the uninsured liability referenced above. Donohue agrees to perform the services to the normal accepted standard of care, and to assume the liability resulting from a finding of gross negligence. 6. When Donohue, subsequent to execution of an agreement, finds that specialized equipment must be purchased to provide special services outside the scope of services, the cost of such equipment and/or special services will not be added to the agreed fees until the Owner has been notified and agrees. 7. 8. Termination of this agreement by the Owner or Donohue shall be effective upon seven (7) days' written notice to the otherpot/ {[��, party. The written notice shall include the reasons and details for termination. Donohue will prepare a final invoice N .--. showing all charges incurred through the date of termination; payment is due as st a mtra 1. If the »r elth EPS fpgty violates any of the agreements entered into bettw e D h�'e i. _the Owner or if the er failb t ca out any of the duties contained in these terms and co iti ne,.{� e� �fiay,'Zipon seven (7) days' written notice, suspend services without further obligation or liability to the e Aeurfless►,"wrthin such seven (7) day period, the Oursur remedies such violation o+kErz ppa+y 9. Reuse of any documents pertaining to this project by the Owner on extensions of this project or on any other project shall be at the Owner's risk. The Owner agrees to defend, indemnify, and hold harmless Donohue from all claims, damages, and expenses including attorney's fees arising out of such reuse of the documents by the Owner or by others acting through the Owner. 10. Donohue will provide all services in accordance with generally accepted professional practices. Donohue will not provide or offer to provide services inconsistent with or contrary to such practices nor make any warranty or guarantee, expressed or implied, nor to have any agreement or contract for services subject to the provisions of any uniform commercial code. Similarly, Donohue will not accept those terms and conditions offered by the Owner in its purchase order, requisition, or notice of authorization to proceed, except as set forth herein or expressly accepted in writing. Written acknowledgement of receipt, or the actual performance of services subsequent to receipt of such purchase order, requisition, or notice of authorization to proceed is specifically deemed not to constitute acceptance of any terms or conditions contrary to those set forth herein. 11. Donohue intends to serve as the Owner's professional representative for those services as defined in this agreement and to provide advice and consultation to the Owner as a professional. Any opinions of probable project costs, approvals, and other decisions made by Donohue for the Owner are rendered on the basis of experience and qualifications and represent our professional judgment. 12. This agreement shall not be construed as giving Donohue the responsibility or authority to direct or supervise construc- tion means, methods, techniques, sequence, or procedures of construction selected by contractors or subcontractors or the safety precautions and programs incident to the work of the contractors or subcontractors. 13. Donohue is an affirmative action employer and operates under Executive Order 11246. F . , MEMORANDUM TO: Mayor and Members of the City Council FROM: City Manager DATE: December 8 , 1988 SUBJECT: DESIGN OF NORTHWEST ELEVATED TANK, BOOSTER STATION, AND DISTRIBUTION SYSTEM MODIFICATIONS PURPOSE: This memorandum will provide the Mayor and Council with information to consider awarding a contract to Donohue & Associates for engineering services. BACKGROUND: Studies on the water distribution system were performed for the City of Elgin to assess current needs and to provide a basis for planning future improvements. The report of the Northwest Area Supply dated January 13 , 1988 , indicates the need for distribution system improvements as is verified by the preliminary version of the Water System Distribution Analysis . One of these improvements is the timely creation of a new pressure zone to provide service to planned development at higher elevations than the existing established zones. Nine engineering firms with experience in water system improvements were sent requests for proposal. The engineering services will include the design of a 1MG elevated water storage tank, booster pumping station, system separation valves , and associated piping and control systems . In evaluating the engineering firms that submitted proposals , criteria such as complexity of previous projects , elevated tank experience , ability to provide the City Council with preliminary tank designs and cost estimates by January 1989 and with complete design by April 1989 , resident engineering services , anticipated completion date, etc. , were taken into consideration. FINANCIAL IMPACT: The four firms that submitted proposals are listed below along with their proposed fees: Donohue & Associates $112 ,000 Howard Needles Tamen & Bergendoff $130 ,000 Pavia-Marting & Co. $142,722 Consoer, Townsend & Associates $162,975 ar Page Two There are sufficient funds in the Water Department Capital Budget provided by the 1988 Bond Fund to cover the engineering services and construction of these facilities. RECOMMENDATION: The staff, in reviewing and evaluating the experience and ability to complete the project considering the aforementioned criteria , determined that Donohue & Associates was the best firm to perform the services. They also happened to have submitted the least cost for those engineering services. It is recommended that the City Council award the contract for engineering services for the design of the northwest elevated tank, booster station, and distribution system modifications to Donohue & Associates for an amount not to exceed $112 ,000 , and to direct the staff to prepare a resolution authorizing the execution of a contract. City Manager JJC:DMK :jk mem1120801 5150/89-2