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06-99
Resolution No. 06-99 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH REZEK. HENRY, MEISENHEIMER&GENDE, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE HIGHLAND AVENUE WATER TOWER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,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 Rezek,Henry,Meisenheimer& Gende,Inc. for engineering services in connection with the Highland Avenue Water Tower,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: April 26, 2006 Adopted: April 26, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk Et. • 1 OF F C >' Agenda Item No. \Pc City of Elgin e/b,, CD CCU f s . E March 17, 2006 N TO Mayor and Members of the City Council , RIVER AS A RESOURCE FROM: Olufemi Folarin, City Manager Kyla B. Jacobsen, Water Syste Superintendent SUBJECT: Engineering Services for Highland Avenue Water Tower PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider authorization of an agreement with Rezek, Henry, Meisenheimer and Gende, Inc. for preparation of plans and specifications, bidding, and construction services for the construction of the 1.0 million gallon Highland Avenue water tank (T1l) and off-site water line improvements and a temporary access road to the water tower. ,,—■ RECOMMENDATION It is recommended that the members of the City Council authorize the execution of an agreement for engineering services with Rezek, Henry, Meisenheimer and Gende, Inc. for bidding and construction phases for the water tower; water line improvements; and a temporary access road to the water tower site in the amount of$108,150. BACKGROUND The City of Elgin and HPI-Elgin, L.L.C. entered into an annexation agreement dated December 15, 2004, for the property known as the HPI Elgin East Assemblage. Section 13 of the agreement provided for the developer to construct a one-million gallon capacity water tower and water line improvements as depicted in the attachments. The agreement stated that the City shall reimburse the developer for the design and construction of such improvements, in the amount of the actual cost for the design and construction of such improvements, which was estimated in the annexation agreement to be in the amount of $2,400,000. The current cost estimate submitted by the developer is $3,122,829. This amount was based upon contract bids. This price represents an increase of$722,829 when compared to the original annexation agreement cost. Water—Eng. Services 1 mg water tank March 17, 2006 Page 2 The engineering work that has been completed at this time is: 1. The design of the 1.0 million gallon of the water tower by the developer's engineer, Rezek, Henry, Meisenheimer and Gende, Inc(RHMG). 2. The design of off-site water line improvements and a temporary access road to the water tower site completed by the developer's engineer Cowhey, Gudmundson, Leder, Ltd. Since RHMG was the major designer of the water tank and the water line improvements were ancillary to the work, staff has discussed with the developer's engineer, RHMG, the possibility of the purchase of the bid document and entering into an agreement with the engineer. This agreement will assist City staff in the bidding and construction phases of the water tower, water line improvements and a temporary access road to the water tower site. The City desires to have better control and understanding of the actual construction and engineering costs, as the developer's cost estimates have increased several times in the past. The engineering services that are recommended to be provided by RHMG include bidding, pre- '"'" construction conferences, shop drawing review, periodic site visits and construction meetings, general consultation, pay estimate review, final inspection, provide final record (as-built) drawings, and construction observation. The cost of these services is $108,150. A copy of the detailed services is also attached. Per the annexation agreement, the developer will be compensated for the payment made to their engineers for the completed engineering work as of this time. A separate memo will be submitted for the compensation of these services. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED 1. The developer HPI-Elgin, L.L.C. 2. The engineer Cowhey, Gudmundson, Leder, Ltd. FINANCIAL IMPACT The cost of engineering services to be provided by Rezek, Henry, Meisenheimer and Gende, Inc. totals $108,150. Funds totaling $1,540,000 are budgeted and available in the Water Development Fund, account number 420-0000-771.92-41, "Capital Additions-Distribution System," project number 409651 to enter into this contract. Water—Eng. Services 1 mg water tank March 17, 2006 Page 3 LEGAL IMPACT WV-None ALTERNATIVES 1. Award the agreement to Rezek, Henry, Meisenheimer and Gende, Inc. 2. Do not award a contract at this time. Respectfully submitted for Council consideration. KJ/PLB Attachments ,‘ ) ) ) , --.- __... r Iwki,IFF-v -■,-,;:1/4--,-\- .74, ,4 ,,.i i _. ,,, ,-.:' ---- ,- • .-.:7‘,..;',.-,.,',/,',,,,,,/,,,,/,.,/, ;e ,,,i-:;.1i:.;(',;-- /1,/'r, ,,,,U" I., ")I c' _ -., _,- ....., -,: •-,.,7,:-,,/,....--,,,, „,,,, , t, . ...:•)! /,-,,, i ,/ ;''' ".V,-...: ,'S.',:-.,,,;/y,',!„%4.,;', •-1-. 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I% 'lg.C-1 -......-_,:-..,-14,..4;.._.....,_qa,,..„,...„-•••■-.0 whp-n 1. accea , - .... '. '-'7.'..k.:.;;I. ACCESS DRIVE EASEMENT DETAIL . ,,,,, 1,1y45;1,1,,41, . ,- ri ,•, .... ,,,1111:44,/,fithwiplatiAltqq_ t_ i . _ ..„ ___,, i , -\., ,-.'..‘ , ca, 0 ,,.$00,....-. y .//r---1 ', , :' ..-_-_-- -- Arta-,--..i:_put*.....M.j. -..,'4%-';,--,v•y•-•: '' ,T , g. aillf2-”.11- i?,,..t,.,:,,e4,,,,i%-..4..//fT;_,,...- _... ..,----....--:.--;-, /,,,Av .1c,. ci- " / ". ,''`,'",' '4'7- VNliiii-Tilf1.`;.m't ;■-... .--""------ , N -7.... it c_,..,, ...--- ,, ,,,,- e //if" //if'4 7"-#.0' 17 wit-ii,1444V1-2141V-36 Eganb--..-:--S.4.44'- . :.---.---;'• .:.=:. Ei-----.- -. , ,,, ,,y.,,,,..".,,..( -to i.,E,..%\,... .•,4ria,/,4.za,/.1 _:-:=.:. .....„--..„).-,Ar , ,■ I I''7='-7.,' ''-ts,.....'-',',-,-' M ■ 5 -'.,. 7''',,,"'/. ',4'07',4:40■41i.---■;trosi■•":;\40c/ I:, '' Lf--.,--,,-,-.6,...qa...-. 2 . ..,..:. „ ...., .....-..„.,,,„ - -•••, , •T-P4,-;v, :s- ..4.---?0-tomi agz!!R-4-." o -- - ,,, ,2-; 2- ,-;,-.E., ,,i. ,- i41,641./-,*'-\\ 40N,• 41',0474-rizi if44.1,,7,,gg.f._,,,iugg.pej :_,,,, te-L...., , r,....„....f.-,, ,,,-.,.;-•.,,,c„.4, • COSAED WILL ALSO BE LOCATED IN „-.tf? '. il'11'4.!:,,,#,.k4. .. ,,,.. .,,,,,adr,-.7::::... . .=.--•- --..k." _.4:4,11--,4 'If ACCF_SS DRIVE EASEMENT ,-i,,, , .,e`.41,zahltli,iaat,. .....a...-Licher,#.74ire.'` ,W.,74.z.r...,1:1,;R:_ti,iil .lini■mirCjiii4y J.L-.7---2;1Vre.?i...5,1,- 1© COPYRIGHT 2004 GURE NO. 1 OM'::-. COWHEY F 1 iS:1:GUDMUNDSON WATER TOWER AND WATER LINE IMPROVEMENTS PROJECT NO. 286601 DATE 10/13/CI4 i RA'It':Bi LEDER,LTD. 300 PARK BOULEVARD 212 WEST KR-1D EXHIBIT PA E SCALE r'.1000._ ITASCA. ILLINOIS 60143 CHICAGO, ILLR4015 60610 (530)270-RSRS (312)7 -4565 DRAWN BY :. MCH • CONSUL1ING ENGINEERS•LAMA SURvET ELGIN, ILLINOIS ORS CHECKED BY • RWG NA1URAL RESOURCES .1"` EXHIBIT A DETAILED SCOPE OF SERVICES 1.0 Bidding Phase Services 1.1 Bid Advertisement and Pre-Bid Conference RHMG will prepare the Advertisement for Bids for solicitation of proposals. If desired by the City, RHMG will conduct one pre-bid conference to review the project in detail with prospective bidder's and highlight the unique features of the project. 1.2 Bidder Inquiries and Addenda - RHMG will field inquiries from prospective bidders and issue addenda where required to make any necessary clarifications to the contract plans and specifications. 1.3 Bid Evaluation and Recommendations • RHMG will attend the bid openings for the project. RHMG will review the bids, prepare a bid tabulation, and makes recommendations for bid awards to the City. It is envisioned that two separate construction constructs will be bid: 1) elevated tank, and 2) offsite watermains and access roads. 2.0 Pre-Construction Conferences • To initiate the construction phase, pre- construction meetings with the successful bidders will be conducted. All appropriate City of Elgin staff, as well as utility companies affected by the construction will be invited to these meetings. The purposes of the pre- construction meetings will be • Provide an opportunity for the various parties to meet one another • Review certain pertinent contract requirements and procedures • Establish the ground rules for the project. 3.0. Shop Drawing Review . The specifications will require the contractors to submit for approval equipment and materials data, samples, layout drawings, etc. RHMG engineers will review these various shop drawing submittals to insure conformance with the contract specifications. 4.0. Periodic Site Visits and Construction Meetings - RHMG design personnel will schedule periodic construction site visits. The purpose of these visits will be to evaluate project progress and to be available for consultation with the field inspector and the contractors. A-1 5.0. General Consultation 5.1. Interpretation of Plans and Specifications - Throughout the course of the construction phase, RHMG will answer any questions which may arise; and will provide any necessary interpretation and/or clarification of the plans and specifications. 5.2. Prepare/Process Change Orders - Any proposed change in the scope of construction will be reviewed and approved by RHMG. Any necessary supplemental drawings or details will be prepared. Additions or deductions to the total contract dollar amount will be reviewed and re-commendations for approval made to the City of Elgin. The necessary change order paperwork will be prepared and processed by RHMG. 5.3. Consultation and Conferences - RHMG will give consultation and advice to the City of Elgin through-out the course of the construction project. This consultation will take the form of telephone conversations, letters, memos, and meetings, as appropriate. 6.0 Pay Estimate Review - Partial pay estimates submitted by the contractors throughout the project will be reviewed to verify completed work. Recommendation for payment will then be made to the City of Elgin 7.0 Final Inspection - Upon completion of the project, a team of RHMG personnel will inspect the facilities. As a result of this inspection, a punch- list of deficiencies and remaining work items will be prepared. Following completion of the punch-list items by the contractors, approval for final payment to the contractors will be made. 8.0. Record Drawings - A set of reproducible "as-built" record drawings reflecting all significant changes made during construction will be prepared and submitted to the City of Elgin. 9.0 Construction Observation - RHMG will furnish a Resident Project Representative (RPR) in order to provide more extensive observation at the project site during construction. The RPR will provide full time inspection for the offsite watermains and access roads, and periodic inspection during the elevated tank foundation construction, erection, welding, and painting phases of construction. For the elevated tank construction, the RPR will be assisted by specialty subconsultant Dixon Engineering. The duties, responsibilities and limitations of the RPR are summarized in the attached Exhibit B-1. Dixon Engineering's scope of services is included in Exhibit B-2. A-2 EXHIBIT "A-1" DUTIES, RESPONSIBILITIES AND LIMITATIONS OF THE AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE A. DUTIES AND RESPONSIBILITIES For those portions of the project for which RHMG is to provide construction observation, the Resident Project Representative shall: 1. Schedule: Review the construction schedule prepared by the Contractor for compliance with the contract and give written advice to the Engineer concerning its acceptability. 2. Conferences: Attend construction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with the Engineer and notify those expected to attend in advance. Maintain and circulate copies of records of the meetings. 3. Liaison: (a) Serve as the Engineer's liaison with the Contractor working principally through the Contractor's field superintendent. r0• (b) Cooperate with the Contractor in his dealings with the various local agencies having jurisdiction over the Project in order to complete service connections to public utilities and facilities. (c) Assist the Engineer in obtaining from the Owner additional details or information, when required at the job site for proper execution of the work. 4. Approvals: When required, assist the Engineer in obtaining from the Contractor a list of his proposed suppliers and subcontractors. 5. Samples: Assist the Engineer in obtaining the field samples of materials delivered to the site which are required to be furnished, and keep record of actions taken by the Engineer. 6. Shop Drawings: a. Receive approved shop drawings and other submissions from the Engineer; record data received, maintain a file of the drawings and submissions, and check construction for compliance with them. A-1-1 b. Alert the Contractor's field superintendent when he observes materials or equipment being installed before approval of shop drawings or samples, where such are required, and advise the Engineer when he believes it is necessary to disapprove work as failing to conform to the Contract Documents. 7. Surveys: Establish all base lines, construction stakes, and bench marks necessary for locating the principal components of the work. Legal boundary and right-of-way surveys will be furnished by others. 8. Review of Work, Inspections and Tests: a. Conduct on-site observations of the work in progress as a basis for determining that the Project is proceeding in accordance with the Contract Documents. b. Verify that tests, including equipment and systems start-up, which are required by the Contract Documents, are conducted and that the Contractor maintains adequate records thereof; observe, record and report to the Engineer appropriate details Affi"^ relative to the test procedures and start-ups. c. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to the Engineer. 9. Records: a. Maintain orderly files for correspondence, reports of job conferences, shop drawings and other submissions, reproductions or original contract documents including all addenda, change orders and additional drawings issued subsequent to the award of the contract, the Engineer's • interpretations of the Contract Documents, progress reports, and other Project related documents. b. Maintain a set of drawings on which authorized changes are noted, and deliver to the Engineer at the completion of the Project. A-1-2 took 10. Reports: a. Furnish the Engineer periodic reports as required of progress of the Project and the Contractor's compliance with the approved construction schedule. b. Consult with the Engineer in advance of scheduled major tests or start of important phases of the Project. 11. Completion: a. Prior to final inspection, submit to the Contractor a list of observed items requiring correction and verify that each correction has been made. b. Conduct final inspection in the company of the Engineer and the Owner and prepare a final list of items to be corrected. c. Verify that all items on the final list have been corrected and make recommendations to the Engineer concerning acceptance. B. LIMITATIONS OF AUTHORITY Except upon written instructions of the Engineer, the Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents. 2. Shall not undertake any of the responsibilities of the Contractor, the subcontractors or the Contractor's field superintendent. 3. Shall not expedite the work for the Contractor. 4. Shall not advise on or issue directions relative to any aspect of the construction technique or sequence unless a specific technique or sequence is called for in the Contract Documents. 5. Shall not authorize the Owner to occupy the Project in whole or in part to final acceptance of the work. 6. Shall not participate in specialized field or laboratory tests. A-1-3 EXHIBIT A-2 DIXON ENGINEERING SERVICES 1,000,000 gallon spheroid Elgin, Illinois New Construction Inspection Services Project Administration: 1. Project administration for the purpose of coordinating the inspection program, local inspector assistance, secretarial services, and scheduling of inspection visits.. II Weld Inspection Services: 1. One (1) scheduled visit to inspect steel delivered to site for thickness, conformance to specifications, and quantity. Review initial erection procedures and qualifications of all welders. 2. One (1) scheduled visit for inspection of completed welding and locating of sites on completed welding for radiographic inspection of steel at ground level. Inspect welding procedures and practices. 3. One (1) scheduled visit for inspection of completed welding and locating of sites on completed aerial construction for radiographic inspection of erected steel. Inspect welding procedures and practices. 4. One (1) scheduled visit for review of construction for completeness, review installation of tank appurtenances, and final inspection of all welding prior to removal of the erection crew and equipment. III Pre-Paint Meeting: 1. Attend a pre-paint meeting IV Critical Phase Paint Inspection Services: A. Interior Painting: 1. Four (4) visits to inspect interior abrasive blast cleaning for thoroughness, surface profile, and compliance with specifications, prior to application of the primer coat. 2. One (1) visits to inspect the interior primer coat for uniformity, coverage, and dry film thickness, prior to application of the topcoat coat. 3. Two (2) visits to inspect the interior intermediate coat for uniformity, coverage, and dry film thickness, prior to application of the topcoat coat. A-2-1 4. Two (2) visits to inspect the topcoat for uniformity, coverage, performance, and dry film thickness for compliance with specifications. B. Exterior Painting: Four(4) visits to inspect exterior abrasive blast cleaning for thoroughness, surface profile, and compliance with specifications and prime coating application. 2. One (1) visit to inspect the prime coating for uniformity, coverage, and dry film thickness prior to application of the intermediate. 3. Two (2) visits to inspect the exterior intermediate coating for uniformity, coverage, and dry film thickness prior to application of the topcoat. 4. Two (2) visits to inspect the exterior topcoat for uniformity, coverage, performance, and dry film thickness for compliance with specifications. Examine the overall project for possible damage caused by equipment removal. 5. One (1) visit to finalize the project to assure all items in the contract specifications have been completed, and the quality of workmanship meets contract requirements. V Cathodic Protection Inspection Services: 1. One (1) visit to inspect the cathodic protection repair/installation work for specification compliance. A-2-2 AGREEMENT For Engineering Services for the 1 . 0 Million Gallon Highland Avenue Tank T-11 and Off-Site Water Main Improvements THIS AGREEMENT, made and entered into this ) 77 _day of r� P , 2006, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Rezek, Henry, Meisenheimer and Gende, an Illinois Corporation (hereinafter referred to as "ENGINEER") . WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional engineering services in connection with design, bidding and construction of the 1 . 0 million gallon water tower and off-site water main improvement and a temporary access road to the water tower site located as shown on Attachment M (hereinafter referred to as the "PROJECT") ; and WHEREAS, the ENGINEER represents that it 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 mutually acknowledged, it is hereby agreed between the parties hereto that the City hereby retains the engineer to act for and represent City in all engineering matters involved in the PROJECT, subject to the following terms, conditions and stipulations: I. SCOPE OF SERVICES The work shall include, but not be limited to, the Attached Exhibits : 1 . Exhibit A - Detailed Scope of Services. 2 . Exhibit A-1, Duties, responsibilities and limitations of the authority of the Resident Project Representative. 3 . Exhibit A-2 , Dixon engineering Services . City of Elgin,Illinois Engineering Agreement for 1 1.0 MG Coombs/McComack Water Tank—TI I And Off-Site Water Line II . 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 when ENGINEER has been compensated for services rendered 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 and shall have the unrestricted right to their use. 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. Notwithstanding the above, ENGINEER shall retain its rights in its standard drawing details, designs, specifications, databases, computer software and any other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the services shall remain the property of the ENGINEER. III . PAYMENTS TO THE ENGINEER A. The CITY shall pay the ENGINEER for its services under this Agreement a total lump sum fee of $108, 150 (One Hundred Eight Thousand One Hundred Fifty Dollars) regardless of the actual costs incurred by the ENGINEER unless modifications to the scope of the work are authorized in writing by the CITY. The detailed basis of this fee is included in the attached Exhibit B. 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 for each task shall not be made until the task is completed and accepted by the CITY. City of Elgin,Illinois Engineering Agreement for 2 1.0 MG Coombs/McComack Water Tank—TI I And Off-Site Water Line C. Schedule of the Work shall be as follows : 1 . Bid document for the construction of the water tank construction shall be completed in three weeks from the date of the Notice to Proceed. 2 . Bid document for the construction of the water mains and roads shall be completed in two months from the date of Notice to Proceed. 3 . Construction phase of the engineering services for the construction of the water tank shall be 13 months from the date of the water tank construction contract . 4 . Construction phase of the engineering services for the construction of water mains and roads shall be five months from the date of the water mains and roads construction contract. IV. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports shall be included with all payment requests . B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit an 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 such records available at reasonable times during the Agreement period, and for three years after termination of this Agreement . V. 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 total amounts set forth under paragraph III or IV above, whichever is less . City of Elgin,Illinois Engineering Agreement for 3 1.0 MG Coombs/McCornack Water Tank—T11 And Off-Site Water Line VI . TERM This Agreement shall become effective as of the date the ENGINEER is given a Notice to Proceed. Unless terminated for cause or pursuant to Article V herein, this Agreement shall terminate on the date CITY determines in writing that all of ENGINEERS work pursuant to this Agreement is finally 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 term or provision of this Agreement . VII . 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 its claim within fifteen (15) days after occurrence of such action. No claim for additional compensation shall be valid unless such notice is so provided. Any changes in the ENGINEERS fee shall be valid only to the extent that such changes are in writing and signed by the CITY and the ENGINEER. Regardless of the decision of the CITY relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the CITY shall proceed without interruption. VIII . BREACH OF CONTRACT All of the terms and provisions of this agreement are material . If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the non-breaching party shall have the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach. If either party, by reason of any default, fails within fifteen (15) days after written notice thereof by non-breaching party to comply with the conditions of the Agreement, the non-breaching party may terminate this Agreement . City of Elgin,Illinois Engineering Agreement for 4 1.0 MG Coombs/McCornack Water Tank—Ti I And Off-Site Water Line IX. INDEMNIFICATION To the fullest extend permitted by law, ENGINEER agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits, judgments, costs, attorneys fees, damages or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement . In the event of any action against the CITY covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITYs choosing. X. 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 . XI . INSURANCE A. Commercial Liability. The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of commercial general liability insurance with limits of at least $1, 000, 000 aggregate for bodily injury and $1, 000, 000 aggregate for property damage . The ENGINEER shall deliver to the CITY a Certificate of Insurance including the CITY as additional insured. Such policy shall not be modified or terminated without thirty (30) days prior written notice to the CITY. Such certificate of insurance shall include, but shall not be limited to, coverage for all contractual obligations assumed by the ENGINEER, including but not limited to, those obligations assumed pursuant to Article IX herein, entitled "Indemnification" . City of Elgin,Illinois Engineering Agreement for 5 1.0 MG Coombs/McComack Water Tank—TI 1 And Off-Site Water Line This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY for claims arising from the negligence of the ENGINEER. There shall be no endorsement or modifications of this insurance to make it excess over other available insurance; alternatively, if the insurance states that it is excess or prorata, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. ENGINEER shall maintain 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. ENGINEERS requirements for insurance coverage for 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 Engineers professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1, 000, 000 per occurrence/$3, 000, 000 aggregate. A Certificate of Insurance shall be submitted to the CITY as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. XII . 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, or the presence of any sensory, mental or physical handicap, 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. City of Elgin,Illinois Engineering Agreement for 6 1.0 MG Coombs/McComack Water Tank—T11 And Off-Site Water Line 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 this Agreement by the CITY. XIII . 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. XIV. DELEGATION 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. Any proposed subcontractor shall require the CITYS advanced written approval . 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 co-partners, joint venture or employment between the CITY and the ENGINEER, or as constituting the ENGINEER as a general representative or general agent of the CITY for any purpose whatsoever. XVI . SEVERABILITY The terms of this agreement shall be severable. The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held City of Elgin,Illinois Engineering Agreement for 7 1.0 MG Coombs/McComack Water Tank—T11 And Off-Site Water Line to be void or otherwise unenforceable for any reason, all other portions of this Agreement shall remain in full force and effect . XVII 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 . XVIII MODIFICATION OR AMENDMENT This Agreement and its attachments constitute the sole and 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. XIX. 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. Venue for the enforcement of any rights and the resolution of any and all disputes shall be in the Circuit Court of Kane County, Illinois . XX. NEWS RELEASES The ENGINEER may not issue any news releases without prior written approval from the CITY, nor may the ENGINEER make public any reports or documents developed under this Agreement without prior written approval from the CITY prior to said documentation becoming matters of public record. XXI . COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITYS employ or any work associated with the PROJECT. City of Elgin,Illinois Engineering Agreement for 8 1.0 MG Coombs/McComack Water Tank—T11 And Off-Site Water Line XXII . 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 . XXIII . SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have a written sexual harassment policy that includes, at a minimum, the following information: A. The illegality of sexual harassment; B. The definition of sexual harassment under state and federal law; C. A description of sexual harassment, utilizing examples; D. The vendors internal complaint process including penalties; E. The legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and 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 Human Rights Act . A Copy of such policy must be provided to the Department of Human Rights upon request . P.A. 87-1257 . XXIV. PREVAILING WAGE/PAYMENT OF TAXES. The ENGINEER shall comply with the requirements of the Prevailing Wage Act (820 ILCS 130/0 . 01 et seq. ) The ENGINEER certifies it is not delinquent in the payment of any tax administered by the Illinois Department of Revenue unless there is a pending proceeding contesting the tax. XXV. WRITTEN COMMUNICATIONS All recommendations and other communications by ENGINEER to the CITY and other participants which may affect cost or time of completion shall be made or confirmed in writing. The CITY may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. City of Elgin,Illinois Engineering Agreement for 9 1.0 MG Coombs/McComack Water Tank—TI 1 And Off-Site Water Line XXVI 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: Kyla Jacobsen Water System Superintendent City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER William R. Rickert Rezek, Henry, Meisenheimer and Gende, Inc. 162 E. Cook Ave . Libertyville, IL 60048 847/362-5959 Phone 847/362-0864 Fax wrickert @rhmg.com XXVII STANDARD OF CARE FOR PROFESSIONAL SERVICES In performing the services described in this Agreement, Engineer will exercise the degree of care and skill ordinarily exercised by reputable companies performing the same or similar services in the same geographic area. XXVIII FORCE MAJEURE ENGINEER will not be responsible for any delay or failure of performance caused by fire or other casualty, labor dispute, government or military action, transportation delay, inclement weather, Act of God, act or omission of the City or its other Contractors, failure of any government authority to timely review or to approve services or to grant permits or approvals, or any other cause beyond ENGINEERS reasonable control. City of Elgin,Illinois Engineering Agreement for 10 1.0 MG Coombs/McComack Water Tank—T11 And Off-Site Water Line IN WITNESS WHEREOF, the undersigned have placed their hands and seal 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 CITY: ATTEST: CITY OF ELGIN A By -4-h^`,t BY t1 .\ _ \City Clerk City tiger For the ENGINEER: Dated this � �� day of , A.D. 2006 WITNESSED: By phlt\ D� l By '\ Cl (Print name) (Print Name) IV "IF ‹.(414 Officer Title ��- -- (SEAL) City of Elgin,Illinois Engineering Agreement for 11 1.0 MG Coombs/McCornack Water Tank—T11 And Off-Site Water Line EXHIBIT A DETAILED SCOPE OF SERVICES 1.0 Bidding Phase Services 1.1 Bid Advertisement and Pre-Bid Conference - RHMG will prepare the Advertisement for Bids for solicitation of proposals. If desired by the City, RHMG will conduct one pre-bid conference to review the project in detail with prospective bidder's and highlight the unique features of the project. 1.2 Bidder Inquiries and Addenda - RHMG will field inquiries from prospective bidders and issue addenda where required to make any necessary clarifications to the contract plans and specifications. 1.3 Bid Evaluation and Recommendations - RHMG will attend the bid openings for the project. RHMG will review the bids, prepare a bid tabulation, and makes recommendations for bid awards to the City. It is envisioned that two separate construction constructs will be bid: 1) elevated tank, and 2) offsite watermains and access roads. 2.0 Pre-Construction Conferences - To initiate the construction phase, pre- construction meetings with the successful bidders will be conducted. All appropriate City of Elgin staff, as well as utility companies affected by the construction will be invited to these meetings. The purposes of the pre- construction meetings will be: • Provide an opportunity for the various parties to meet one another • Review certain pertinent contract requirements and procedures • Establish the ground rules for the project. 3.0. Shop Drawing Review - The specifications will require the contractors to submit for approval equipment and materials data, samples, layout drawings, etc. RHMG engineers will review these various shop drawing submittals to insure conformance with the contract specifications. 4.0. Periodic Site Visits and Construction Meetings - RHMG design personnel will schedule periodic construction site visits. The purpose of these visits will be to evaluate project progress and to be available for consultation with the field inspector and the contractors. A-1 5.0. General Consultation 5.1. Interpretation of Plans and Specifications - Throughout the course of the construction phase, RHMG will answer any questions which may arise; and will provide any necessary interpretation and/or clarification of the plans and specifications. 5.2. Prepare/Process Change Orders - Any proposed change in the scope of construction will be reviewed and approved by RHMG. Any necessary supplemental drawings or details will be prepared. Additions or deductions to the total contract dollar amount will be reviewed and re-commendations for approval made to the City of Elgin. The necessary change order paperwork will be prepared and processed by RHMG. 5.3. Consultation and Conferences - RHMG will give consultation and advice to the City of Elgin through-out the course of the construction project. This consultation will take the form of telephone conversations, letters, memos, and meetings, as appropriate. 6.0 Pay Estimate Review - Partial pay estimates submitted by the contractors throughout the project will be reviewed to verify completed work. Recommendation for payment will then be made to the City of Elgin 7.0 Final Inspection - Upon completion of the project, a team of RHMG personnel will inspect the facilities. As a result of this inspection, a punch- list of deficiencies and remaining work items will be prepared. Following completion of the punch-list items by the contractors, approval for final payment to the contractors will be made. 8.0. Record Drawings - A set of reproducible "as-built" record drawings reflecting all significant changes made during construction will be prepared and submitted to the City of Elgin. 9.0 Construction Observation - RHMG will furnish a Resident Project Representative (RPR) in order to provide more extensive observation at the project site during construction. The RPR will provide full time inspection for the offsite watermains and access roads, and periodic inspection during the elevated tank foundation construction, erection, welding, and painting phases of construction. For the elevated tank construction, the RPR will be assisted by specialty subconsultant Dixon Engineering. The duties, responsibilities and limitations of the RPR are summarized in the attached Exhibit A-1. Dixon Engineering's scope of services is included in Exhibit A-2. A-2 EXHIBIT "A-1" DUTIES, RESPONSIBILITIES AND LIMITATIONS OF THE AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE A. DUTIES AND RESPONSIBILITIES For those portions of the project for which RHMG is to provide construction observation, the Resident Project Representative shall: 1. Schedule: Review the construction schedule prepared by the Contractor for compliance with the contract and give written advice to the Engineer concerning its acceptability. 2. Conferences: Attend construction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with the Engineer and notify those expected to attend in advance. Maintain and circulate copies of records of the meetings. 3. Liaison: (a) Serve as the Engineer's liaison with the Contractor working principally through the Contractor's field superintendent. (b) Cooperate with the Contractor in his dealings with the various local agencies having jurisdiction over the Project in order to complete service connections to public utilities and facilities. (c) Assist the Engineer in obtaining from the Owner additional details or information, when required at the job site for proper execution of the work. 4. Approvals: When required, assist the Engineer in obtaining from the Contractor a list of his proposed suppliers and subcontractors. 5. Samples: Assist the Engineer in obtaining the field samples of materials delivered to the site which are required to be furnished, and keep record of actions taken by the Engineer. 6. Shop Drawings: a. Receive approved shop drawings and other submissions from the Engineer; record data received, maintain a file of the drawings and submissions, and check construction for compliance with them. A-1-1 b. Alert the Contractor's field superintendent when he observes materials or equipment being installed before approval of shop drawings or samples, where such are required, and advise the Engineer when he believes it is necessary to disapprove work as failing to conform to the Contract Documents. 7. Surveys: Establish all base lines, construction stakes, and bench marks necessary for locating the principal components of the work. Legal boundary and right-of-way surveys will be furnished by others. 8. Review of Work, Inspections and Tests: a. Conduct on-site observations of the work in progress as a basis for determining that the Project is proceeding in accordance with the Contract Documents. b. Verify that tests, including equipment and systems start-up, which are required by the Contract Documents, are conducted and that the Contractor maintains adequate records thereof; observe, record and report to the Engineer appropriate details relative to the test procedures and start-ups. c. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to the Engineer. 9. Records: a. Maintain orderly files for correspondence, reports of job conferences, shop drawings and other submissions, reproductions or original contract documents including all addenda, change orders and additional drawings issued subsequent to the award of the contract, the Engineer's interpretations of the Contract Documents, progress reports, and other Project related documents. b. Maintain a set of drawings on which authorized changes are noted, and deliver to the Engineer at the completion of the Project. A-1-2 10. Reports: a. Furnish the Engineer periodic reports as required of progress of the Project and the Contractor's compliance with the approved construction schedule. b. Consult with the Engineer in advance of scheduled major tests or start of important phases of the Project. 11. Completion: a. Prior to final inspection, submit to the Contractor a list of observed items requiring correction and verify that each correction has been made. b. Conduct final inspection in the company of the Engineer and the Owner and prepare a final list of items to be corrected. c. Verify that all items on the final list have been corrected and make recommendations to the Engineer concerning acceptance. B. LIMITATIONS OF AUTHORITY Except upon written instructions of the Engineer, the Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents. 2. Shall not undertake any of the responsibilities of the Contractor, the subcontractors or the Contractor's field superintendent. 3. Shall not expedite the work for the Contractor. 4. Shall not advise on or issue directions relative to any aspect of the construction technique or sequence unless a specific technique or sequence is called for in the Contract Documents. 5. Shall not authorize the Owner to occupy the Project in whole or in part to final acceptance of the work. 6. Shall not participate in specialized field or laboratory tests. A-1-3 EXHIBIT A-2 DIXON ENGINEERING SERVICES 1,000,000 gallon spheroid Elgin, Illinois New Construction Inspection Services Project Administration: 1. Project administration for the purpose of coordinating the inspection program, local inspector assistance, secretarial services, and scheduling of inspection visits.. II Weld Inspection Services: 1. One (1) scheduled visit to inspect steel delivered to site for thickness, conformance to specifications, and quantity. Review initial erection procedures and qualifications of all welders. 2. One (1) scheduled visit for inspection of completed welding and locating of sites on completed welding for radiographic inspection of steel at ground level. Inspect welding procedures and practices. 3. One (1) scheduled visit for inspection of completed welding and locating of sites on completed aerial construction for radiographic inspection of erected steel. Inspect welding procedures and practices. 4. One (1) scheduled visit for review of construction for completeness, review installation of tank appurtenances, and final inspection of all welding prior to removal of the erection crew and equipment. III Pre-Paint Meeting: 1. Attend a pre-paint meeting IV Critical Phase Paint Inspection Services: A. Interior Painting: 1. Four (4) visits to inspect interior abrasive blast cleaning for thoroughness, surface profile, and compliance with specifications, prior to application of the primer coat. 2. One (1) visits to inspect the interior primer coat for uniformity, coverage, and dry film thickness, prior to application of the topcoat coat. 3. Two (2) visits to inspect the interior intermediate coat for uniformity, coverage, and dry film thickness, prior to application of the topcoat coat. 4. Two (2) visits to inspect the topcoat for uniformity, coverage, performance, and dry film thickness for compliance with specifications. A-2-1 B. Exterior Painting: Four(4) visits to inspect exterior abrasive blast cleaning for thoroughness, surface profile, and compliance with specifications and prime coating application. 2. One (1) visit to inspect the prime coating for uniformity, coverage, and dry film thickness prior to application of the intermediate. 3. Two (2) visits to inspect the exterior intermediate coating for uniformity, coverage, and dry film thickness prior to application of the topcoat. 4. Two (2) visits to inspect the exterior topcoat for uniformity, coverage, performance, and dry film thickness for compliance with specifications. Examine the overall project for possible damage caused by equipment removal. 5. One (1) visit to finalize the project to assure all items in the contract specifications have been completed, and the quality of workmanship meets contract requirements. V Cathodic Protection Inspection Services: 1. One (1) visit to inspect the cathodic protection repair/installation work for specification compliance. A-2-2 EXHIBIT B MANPOWER&FEE ESTIMATE ELGIN 1.0 MG ELEVATED TANK SITE IMPROVEMENTS&WATERMAIN EXTENSION CITY OF ELGIN HOURS Proj. Env. Civil Struct. Elect Field TASK Man. Eng. Eng. Eng. Eng. Inspector Drafter Cleric. Total 1. Bidding Phase 1.1.Bidder Inquiries/Addenda 8 12 20 8 48 1.2.Bid Openings 6 6 1.3. Bid Evaluation&Recommendation 4 8 8 2 22 2. Preconstruction Conferences 2.1.Tank 6 6 2.2.Watermains&Roads 6 6 3. Shop Drawing Review 3.1.Tank 4 16 8 6 2 36 3.1.Watermains&Roads 6 1 7 4. Site Visits&Construction Meetings 4.1.Tank 8 40 8 8 64 4.2.Watermains&Roads 8 16 8 32 5. General Consultation 5.1.Tank 8 20 4 4 36 5.2.Watermains&Roads 8 12 12 32 6. Pay Estimate Review 6.1.Tank 8 8 6.2.Watermains&Roads 6 6 12 7. Final Inspection 7.1.Tank 8 8 16 7.2.Watermains&Roads 8 8 16 8. Record Drawings 7.1.Tank 2 4 6 7.2.Watermains&Roads 4 4 20 28 9. Construction Observation 9.1.Tank 80 80 9.2.Watermains&Roads 480 480 10. Coordination&Administration 24 24 TOTAL HOURS 72 184 74 12 26 560 24 13 965 Hourly Billing Rate $148 $113 $89 $110 $104 $86 $82 $58 Labor Cost 10,656 20,792 6,586 1,320 2,704 48,160 1,968 754 92,940 Direct Expenses RHMG 3,718 Dixon Engineering 15,210 TOTAL FEE $108,150 . ---,,. . , -,,i,;._,,,,•:• • r sz-/^,7%-c/47/,..7.,' '.`f-ir 4:-.4tzr--Jp; .2',/-.•;"7;2 ITIVIrer-7:41."%i;e'‘ 7.7 .'7, ..,c 4 1,.,. .,-ii.; s- -.--,,,,,c_._7„.--i-.2. .-....,....•;"•=4,==.014"1". ',';','"./ -''' :.' '.:''tvVr-151F ".)'; /- ".' lintivriro,..-46 ; ( A ..'4 -- _.. ....'4"-1;,!:.(„,.....•e..,.j: ---%;•)'qr --'1a1,.. ..,'..„-Th .,-y," -',/„,-.',: ;t. ' .,:- ,,,),1 ti..;:., :I. -.'" 2.-'.-o. 'kqi,.-x,--4./. ra 1 .144.4.- -ak, ''.,1z! •i ' *--,'" 'l' ,-:;•_--... 14.\\ ' ''J:" . 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