89-0209 Consoer Townsend And Associates dr
PROFESSIONAL SERVICE AGREEMENT
This Owner and Consultant contract is made and entered into this 7 day of
19 57 , between Consoer, Townsend &
Associates, Inc., hereinafter referred to as "CONSULTANT", or "CT&A" and the
City of Elgin, Illinois, hereinafter referred to as "OWNER".
WITNESSETH THAT:
WHEREAS, the OWNER desires to contract for the following work:
Design for the renovation and repair of the three Slade Avenue potable
water reservoirs,
hereinafter referred to as the "PROJECT", and located at the City of Elgin
Water Treatment Plant and surrounding areas.
II. DEFINITIONS:
a) The word "WORK" means the design or study set forth in the
CONSULTANT's work plan dated December 28, 1988, contained in the
proposal to the City of Elgin.
III. RESPONSIBILITY OF OWNER
The OWNER shall provide all criteria and full information as to OWNER's
requirements for the PROJECT and make that information available to the
CONSULTANT for it's use during the performance of this Contract. OWNER
shall designate a representative to act in his behalf while working with the
CONSULTANT. OWNER shall render decisions with reasonable promptness so
as to not unduly delay the progress of the CONSULTANT's work.
IV. RESPONSIBILITY OF CONSULTANT
The CONSULTANT is employed to render a professional service only and any
payments made to him are compensation solely for such services as he may
render and recommendations he may make in performance of the WORK. The
CONSULTANT makes no warranty, either expressed or implied, as to his
findings, opinions, recommendations, actual presentations, or professional
advise other than that they were promulgated after following professional skill
and care and the orderly progress of the WORK. CONSULTANT agrees to
perform the WORK in accordance with professional engineering and
architectural standards.
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V. COMPENSATION/COMPLETION DATE FOR THE PROJECT
The CONSULTANT shall complete the WORK no later than April 3, 1989. This
performance schedule shall include allowances for periods of time required for
the OWNER's review and approval, and for approvals of authorities having
jurisdiction over the WORK.
The current rates to be charged for the WORK to be performed, and the costs
to be reimbursed are set forth in the COMPENSATION SCHEDULE attached
hereto and made a part hereof and identified as Exhibit A.
VI. PROGRESS PAYMENTS
On or about the first day of each calendar month, the CONSULTANT shall
submit to OWNER an invoice which OWNER agrees to pay CONSULTANT
within thirty (30) days after date of invoice.
VII. TERMINATION
The obligation to provide further services under this Agreement may be
terminated by either party upon seven days' written notice in the event of
substantial failure by the other party to perform in accordance with the terms
hereof through no fault of the terminating party. In the event of any
termination, CONSULTANT will be paid for all services and expenses rendered
to the date of termination.
VIII. OWNERSHIP OF DOCUMENTS
All engineering data prepared by the CONSULTANT in the course of fulfilling
his obligations to the OWNER shall remain the property of the CONSULTANT.
Such data, however, shall be made available to the OWNER upon request with
the understanding that they shall not be used on any other projects without the
written consent of the CONSULTANT. If the OWNER incorporates any
portion of the CONSULTANT's work into any other project than that for which
the WORK was performed the OWNER shall save the CONSULTANT harmless
for any claims or liabilities resulting from such action, notwithstanding the
CONSULTANT'S written consent. OWNER agrees to hold CONSULTANT free
and harmless from and against any claim arising out of the use of the
drawings, tracings, and specifications by the OWNER on other WORK or
extensions to this WORK. The CONSULTANT does not have control or charge
of and shall not be responsible for construction means, methods, techniques,
sequences, or procedures or for safety precautions and programs in connection
with the WORK for the acts, errors, or omissions of the Contractor(s),
Subcontractor(s), or any other persons performing the WORK, or for the
failure of any of them to carry out the WORK in accordance with the Contract
Documents including but not limited to, materials, plans, drawings, tracings,
and specifications provided by the CONSULTANT.
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IX. GOVERNING LAW
Unless otherwise specified here, this Agreement shall be governed by the laws
of the State of Illinois.
X. ENTIRE AGREEMENT
The Contract with attachments and exhibits so specified herein contains all of
the agreements, representations and understanding of the parties hereto and
supersedes any previous understandings, commitments or agreements, whether
oral or written. Further, this Contract shall only be modified or amended by a
written instrument signed by the parties hereto. CONSULTANT is hereby
authorized to proceed unless otherwise stipulated.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day
and year first above written.
CITY OF ELGIN, ILLINOIS CONSOER, TOWNSEND & ASSOCIATES, INC
OWNER CONSULTANT
//
/NW By:
• ��
yped Name: Typed Name: Gerald I. Brask
Title: Title: Vice President
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EXHIBIT A
COMPENSATION SCHEDULE
The fee for work performed for design services shall be equal to two and twenty five
hundredths (2.25) times the "salary costs of engineering and technical personnel"
expended in performing this work. The term "salary costs of engineering and
technical personnel" shall mean the actual wages paid to those members of staff
who are classified as officers, engineers, engineering technicians, draftsmen and
field party personnel and who perform services under this Agreement plus
employees' benefits which include state and federal taxes, Social Security,
employment and retirement benefits as defined in the American Society of Civil
Engineers (ASCE) Manual No. 45. The fee will not exceed $6,700.00.
The fee for additional work performed under this contract shall be based upon the
actual hourly rates times the hours expended by our professional staff. Our current
range of hourly rates for our various classifications are as follows:
CLASSIFICATION RATE PER HOUR
Vice President $ 75.00 to $ 96.00
Department Manager $ 69.00 to $ 78.00
Project Manager $ 51 .00 to $ 72.00
Senior Project Engineer $ 42.00 to $ 69.00
Senior Architect $ 48.00 to $ 57.00
Project Engineer $ 42.00 to $ 60.00
Senior Engineer $ 36.00 to $ 57.00
Engineer $ 30.00 to $ 57.00
Architect $ 27.00 to $ 42.00
Senior Engineering Technician $ 27.00 to $ 55.50
Engineering Technician $ 25.50 to $ 42.00
Associate Engineering Technician $ 24.00 to $ 33.00
Survey Party Chief $ 48.00 to $ 51.00
Instrument Man $ 36.00 to $ 39.00
Rodman $ 24.00 to $ 27.00
Inspector $ 42.00 to $ 54.00
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MEMORANDUM
TO: Mayor and Members of the City Council
FROM: City Manager
DATE: January 3 , 1989
SUBJECT: SLADE AVENUE RESERVOIR REPAIR
PURPOSE:
This memorandum will provide the Mayor and Council with information to
consider awarding a contract to Consoer, Townsend, & Associates , Inc. ,
for engineering services.
BACKGROUND:
An inspection of the reservoirs at the Slade Avenue Treatment Plant
site was performed for the City of Elgin to assess their condition and
provide a basis for planning. The report on the Slade Avenue
reservoir inspection indicated the need for reservoir repairs to
prolong life and for modifications to meet IEPA standards.
Six engineering firms with experience in water system improvements
were sent requests for proposal. Engineering services were to include
detailed design, equipment selection, hydraulic analysis , piping
layout, and structural design.
In evaluating the engineering firms that submitted proposals , criteria
such as complexity of previous projects , water facility background,
and reservoir experience were taken into consideration.
FINANCIAL IMPACT:
Of the four firms responding to the request for proposal, two
submitted proposals as listed below:
Consoer, Townsend, & Associates $6 ,700
Donohue & Associates $7 , 500
There are sufficient funds in the Water Department Capital Budget,
object #400-988-9967 , $100 ,000 , to cover the engineering services and
repairs to this facility.
RECOMMENDATION:
The staff, after reviewing and evaluating experience and ability,
determined that Consoer, Townsend, & Associates , Inc. , is capable of
performing this project. They also submitted the lowest cost for
those engineering services .
ac
Page Two
It is recommended that the City Council award the contract for
engineering services for the repair and modification of the Slade
Avenue reservoirs to Consoer, Townsend, & Associates, Inc. for an
amount not to exceed $6 ,700 and to direct the staff to prepare a
resolution authorizing the execution of a contract.
ity Ma
JJC:DMK: jk mem1010304 3401/88-3
cc: Larry E. Deibert, Director of Water Operations