90-0912 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
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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) .
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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.
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