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94-140 Resolution No. 94-140 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HNTB CORPORATION FOR THE RANDALL ROAD WATER TOWER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 'ELGIN, ILLINOIS, that Richard. B. Helwig, 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 HNTB Corporation for the Randall Road water tower, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 8, 1994 Adopted: June 8, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk • • in Agenda Item No. (ci � I 'b sCO�: May 19, 1994 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Randall Road Elevated Tower PURPOSE This memorandum will provide the Mayor and Council with information to consider in awarding an engineering services contract for the Randall Road elevated tower. BACKGROUND This project will provide the engineering services for the 1 MG elevated tower that will be constructed at College Green Parkway and Randall Road on property dedicated by the developer. This tower will provide water for the high pressure zone. On March 15, 1994 , three proposals were received to furnish certain professional services in connection with the engineering design, preparation of plans and specifications, and estimate of cost for the Randall Road water tower. The three proposals were evaluated by city staff for completeness of the proposal, experience of key personnel and the firm relating to tank construction, and past experience with the City. The firm selected--HNTB--successfully and most satisfactorily performed the same duties on the Shales Parkway 2 MG elevated tower. HNTB also submitted the lowest cost proposal. FINANCIAL IMPACT Funds totaling $50,000 have been allocated for this project in the Water Department's 1994 budget under Randall Road Water Tower (engineering) , appropriation #392-0000-795.92-41. LEGAL IMPACT None. , Randall Road Elevated Tower May 19, 1994 Page 2 RECOMMENDATION It is recommended that the City Manager be authorized to execute an agreement with HNTB, Chicago, Illinois, for a total price of $41,810. Respectfully submitted, (.c•lod �.�-. ,,,,' ) ` 0NA Ri hard B. Helwi City Manager jk r r GREEN ' r: A. �N ,0-N m f0 __ 1- LARK N -� --- 0%���eo �LARKIN (VA LTCDSt+1HFP }A,FB Ind 0� O !� / RD ���` �/ rPO�I HIGH _LSHt�LER�LIOS 7'�� F� �IORNE S F- r lAthletic Perk! 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Ln I -------•): t• 0 DR I-. LEG 0(LEGE ` �RAN�ALL WEEE TORR PINES DR cc ELEVATED + C,• _ $ v"\F-----. TANDR ��WG TOWE R I«•- -D U Ml.S10 ! IRI$PIN- DR CAISPIN y� OR �v.I LGI�N - -� D I 37W-9N 36 -� o W °4 -H� � 6�E rrIORA�� y \::_z . 29 j BowES 2 s`ti o= 19ES RPa�TR' o ia I °c f -- 'c ° ,MICHIGRN AV ,_x I IUNO ,4,.1 ,` I a AINB 3 ELGIN I JA RPT z I GRE FIELD1 v o TE 1 i AV; n_. 1 Q U 1 z- - _ RYWATEa I ° ��NT T ;- - - ANCHESTER� r �- z oz +L�SR POINT CT 1 - ^��� E�E .- o aI 1 . „� E � �— 1 c At ''''...;.-5S".,,,,,,,,,,,,,„ 4t:/ . 14.‘RD !HOP' �� Id RD ` a-- - qiii o" ST W Oa o INGSPOAT > i ►RE ,—_ se, WOODS IDLE E� I' P v'. N r wI' E RE oa Z SOUTH , - .-' slllyBANB RY Q Z„ , Yo/s V) -1 � �p� 1 �c� `oR S' xo T, SUNG RY = o Vp o 3/ YY-8N ��y --1-it- - YY ' � - ,Qr , uFAyT ` �- i z (o 32 x, a 33 L” J " . -x)� °` f"'N Y s --.4r. Vo MBRIDGE" CJ 84� )' O 1 RD �.9� y i BR r ll•�+ f`. W y 1 +NE qty !F., _° duN 1. lE Q� RD ELGIN TWP. . H 1 t� ST. CHARLES TWP. - r/►MD N t. '� ��� AGREEMENT rIS AGREEMENT, is made and entered into this 13 ,( day of , 1994 , by and between the CITY OF ELGIN, an Illinos municipal corporation (hereinafter referred to as "CITY" ) and HNTB Corporation (hereinafter referred to as "ENGINEER" ) . WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the engineering design, preparation of plans and specifications and estimate of cost for the Randall Road Water Tower (hereinafter referred to as the "PROJECT" ) . AND WHEREAS, the ENGINEER represents that he is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER to act for and represent it in all engineering matters involved in the PROJECT, subject to the following terms and conditions and stipulations, to-wit: I . SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Public Works of the CITY, herein after referred to as the "DIRECTOR. " B. 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. The Engineer shall furnish all services and labor necessary to conduct and complete the work. c. The Engineer shall from time to time during the -2- progress of the work confer with the City. Following a conference, the Engineer 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 at any time by such parties . e. At the request of the City, the Engineer 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 Engineer' s work will be available for inspection at 111 North Canal Street, 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 a. Phase A: Final Design and Specifications 1 . Review existing City documents regarding the water system and verify the basis of design with the City staff; and 2 . Perform the geotechnical services for this project. 3 . Perform a topographic survey of the proposed site. 4 . Prepare final construction drawings and written specifications for the project; and 5 . On behalf of the City, prepare any and all required state or federal permit applications; Historic Preservation Agency permit; and revise such permits as needed; and 6 . Submit to the City a listing of possible contractors for the project; and -3- 7 . 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. 8 . Following selection of a contractor(s) by the City Council, to conduct, in conjunction with the City, a preconstruction meeting of all interested parties . b. Phase B: Construction and Related Services Phase B of the Project shall consist of the Engineer providing on-site construction observation and related services to measure work progress and compliance with approved plans and specifications . This work will be provided as follows : 1 . Construction Observation Services a. Provide construction services representation for the elevated tank construction. b. Provide the services of representative specialist, if necessary for periodic inspections of the elevated tank welds and painting during construction. 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. -4- C. A detailed Scope of Services is attached hereto as part of this Agreement as Attachment A. II. PROGRESS REPORTS A. An outline project milestone schedule is provided herein under: Phase "A" Engineering: Submittals of final plans and specifications within 12 weeks of a written Notice To Proceed. Phase "B" Bidding and Construction: The anticipated construction completion is 14 months from a written Notice To Proceed. The actual completion of work is dependant on the performance of the contractor. The Engineer reserves the right to request modifications to the contract should the project continue past the 14 month schedule. B. The Engineer will submit to the Director monthly a Status Report keyed to the Project Schedule. A brief narrative will be provided identifying progress, findings and outstanding issues . III . WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including, but not limited to, reports, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR provided, however, that the ENGINEER may retain copies of such work products for its records . Such work products are not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. IV. PAYMENTS TO THE ENGINEER A. The CITY shall reimburse the ENGINEER for all services under this Agreement a lump sum of $44,810.00 (Forty- four thousand, eight hundred ten Dollars) regardless of actual Costs incurred by the ENGINEER unless SUBSTANTIAL -5- modifications to the project are authorized in writing by the DIRECTOR. B. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. Phase "A" Engineering: $21, 380 . 00 Phase "B" Bidding and Construction: $23,430 . 00 V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports ( II B above) will be included with all payment requests . B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the authorized representative of the CITY to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. VI . TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen ( 15) days prior written notice to the ENGINEER. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Paragraph IV above. VII . TERM This Agreement shall become effective as of the date the ENGINEER is given a written Notice to Proceed following approval of CITY' S corporate authorities and, unless terminated for cause or pursuant to Article VI foregoing, shall expire on the date the DIRECTOR determines that all of the ENGINEER' s work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any breach hereof by the ENGINEER. -6- VIII. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY, the ENGINEER shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER' S fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. IX. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen ( 15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. X. INDEMNIFICATION The ENGINEER shall indemnify and save harmless the CITY, its officers and employees from and against any and all loss, liability and damages of whatever nature, including but not limited to Workmen' s Compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including but not limited to negligent action or omissions of employees or agents of the ENGINEER arising out of the performance of professional services . XI. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the City shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. XII . INSURANCE A. Comprehensive Liability. The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of Comprehensive General Liability Insurance with limits of at least $1, 000,000 aggregate for bodily injury and $1, 000, 000 aggregate for property damage. -7- The ENGINEER shall deliver to the DIRECTOR a Certificate of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty ( 30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article X entitled "Indemnification" shall be provided. B. Comprehensive Automobile Liability. The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000, 000 per occurrence subject to a $1,000, 000 aggregate. D. Professional Liability. The ENGINEER shall carry Engineer' s Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $500,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty ( 30) days prior written notice to the DIRECTOR. XIII . CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The ENGINEER shall not have control over 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 construction, unless specifically identified in the Scope of Services . XIV. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, -S- unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. XV. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. XVI . DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with respect to each and every item condition and other provision hereof to the same extent that the ENGINEER would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. XVII. NO CO-PARTNERSHIP OR AGENCY It is understood and agreed that nothing herein contained is intended or shall be construed to, in any respect, create or establish the relationship of copartners between the CITY and the ENGINEER, or as constituting the ENGINEER as the general representative or general agent of the CITY for any purpose whatsoever or to constitute an employment relationship between the parties hereto. XVIII . SEVERABILITY The parties intend and agree that, if any paragraph, subparagraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void -9- or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. XIX. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. XX. MODIFICATION OR AMENDMENT This Agreement and its attachments constitute the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties . Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. XXI. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois . XXII. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. XXIII . COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY' s employ or any work associated with the PROJECT. XXIV. INTERFERENCE WITH PUBLIC CONTRACTING: P.A. 85-1295 The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of violations of either Section 33E-3 or Section 33E-4 of the Illinois Criminal Code. -10- XXV. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor' s internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act (copy attached) . A copy of the policies must be provided to the Department of Human Rights upon request. P.A. 87-1257 . XXVI. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. XXVII . NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows : A. As to CITY: JAMES L. KRISTIANSEN Director of Public Works City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 -11- B. As to ENGINEER: Gerald H. Styler, Vice President HNTB Corporation 111 N. Canal Street Suite 880 Chicago, Illinois 60606 -12- IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN BYE /24,,,-- . By City Clerk City Manager (SEAL) For the ENGINEER: Dated this L (( ik day of A y A.D. , 1994 . ATTEST: By ��L ilc" 2e/4 By ,: Z/97/, Vice e Pres dent (SEAL) 34010513 . 194 (contract) ATTACHMENT "A" SCOPE OF SERVICES FOR CITY OF ELGIN RANDALL ROAD 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. Establish horizontal and vertical control points C. Perform a topographic field survey of the water tank site including necessary elevations and break lines to establish contours and existing improvements. D. Coordinate survey with J.U.L.I.E. and adjacent developers 3.0 Soil Borings A. Contract with geotechnical consultant to obtain soil information for the project including: 1. Soil borings at the proposed elevated water storage tank site (estimated at four each to a depth of 50 feet) . 2. Geotechnical report outlining the results of the soil borings including moisture content, dry unit weight, unconfined compressive strength and an engineering evaluation of the results. 4.0 Preliminary Design Preparation A. Prepare preliminary site engineering plans for the tank site including preliminary layout and location of the tank foundation, driveways, site water, overflow piping and fencing. B. Prepare preliminary estimate of probable construction cost. 5.0 Final Design Preparation A. Prepare final plans and related documents bidding for: 1. One-1 Million Gallon single pedestal elevated water storage tank including plan depiction of the tank. 2. Tank site including engineering plans for site grading, water piping, altitude valving, overflow piping to existing storm sewer, driveways, fencing, electrical service, instrumentation, telemetry and landscaping (seed or sod only) . 6. 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 cost. 8.0 Permits A. Prepare necessary IEPA permit applications; FAA applications and Historic Preservation Agency permit applications. B. Revise such permit as needed. 9.0 Bidding Process A. Deliver ten (10) sets of final plans and specifications for the project with necessary bidding documents to the City. B. Assist the City in the public bidding process and in the evaluation of the bids. 10.0 Construction Services A. Provide part-time resident services during construction of the 1 Million Gallon elevated water storage tank and site. B. Provide full-time construction observation during the folowing construction periods: 1. Subgrade excavation. 2. Foundation work. 3. Material inspection and steel plate and piping construction. 4. Painting and sand blasting. C. Provide sub-consultant specialist for investigation of field welding of the elevated water storage tank. D. Review shop drawings and other required documents. E. Prepare reports and recommendations on contractor pay requests and prepare the required engineering certification of completion and verification of waivers of lien. F. Review change order requests and recommend acceptance or denial of change orders to the City. G. Provide punch list and substantial completion papers. 11.0 Final Project Coordination A. File completion papers. B. Submit record drawings.