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HomeMy WebLinkAbout01-18 Resolution No. 01-18 RESOLUTION AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES AGREEMENT WITH BLACK & VEATCH CORPORATION FOR THE SOUTH MCLEAN LIME RESIDUE FACILITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an engineering services agreement on behalf of the City of Elgin with Black & Veatch Corporation for pH adjustment to discharge from the South McLean Lime Residue Facility, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: February 14 , 2001 Adopted: February 14, 2001 Omnibus Vote: Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk r i AGREEMENT THIS AGREEMENT, made and entered into this (...v44 day of , 2001, by and between the CITY OF ELGIN, an Illinois municip corporation (hereinafter referred to as "CITY") and Black & Veatch Corporation , a Delaware Corporation (hereinafter referred to as "ENGINEER") . WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the McLean Decant Pond Outlet Improvements for the City of Elgin's Water Department (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, 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 The Scope of Basic Services for this agreement is as described below: Introduction to the Project Based on the Engineer's knowledge and current understanding of the pH problem at the South McLean Lime Residue Facilities, several potential solutions have been identified for investigation in Phase I. The potential solutions for Phase I are indicated below. Phases II and III may be authorized as Supplemental Services after the Phase I report is presented and a solution is approved. Background Lime sludge from the Owner 's water treatment plant is pumped about 5 miles to the McLean Lagoons, where it discharges to one or more of the sludge lagoons. The lagoons operate in parallel, with the decant water from the lagoons discharging into a small detention pond. The lime sludge lagoon influent has a high pH because of the lime Page -1- softening process employed at the treatment plant. Discharge to each individual lagoon can be selected and controlled, effectively rotating the discharge between the various lagoons. The detention pond discharges through an outlet structure with a v-notch weir, and then runs over a short grassy channel before entering the stream. The stream flows briefly across Elgin property before monitoring for compliance with Illinois Pollution Control Board (PCB) requirements begin. The PCB requires that the pH of the discharge be no greater than 9. 0 where it enters public waters. The Owner seeks an engineered solution so the discharge stream will consistently meet State requirements as it enters waters of the State. Presently, there are periods during the year, primarily the winter months, when the pH of the stream is apparently higher than 9. Phase I Tasks The Engineer will characterize both the pond discharge and the stream and evaluate various alternatives to lower the pH in the pond effluent. A task by task approach is as follows: Task 1 - Water Quality Characterization The water quality of both the pond effluent and the receiving stream will be determined. Recent data will be reviewed, if available. Additional data will be obtained by the Owner, according to a protocol provided by the Engineer. Blending of the two waters occurs, so expected water quality parameters needed for this investigation for each of the waters are pH, alkalinity, calcium hardness, total hardness, temperature, and conductivity. Records of both stream flow and pond discharge will be provided by the Owner, although it is understood that flow records may not be available and flow measurements may be difficult to obtain. Task 2 - Field Testing Water quality testing and bench-scale experiments will be necessary to obtain additional data to evaluate the potential alternatives. A monitoring protocol to gather the water quality data for the parameters listed above will be developed by the Engineer. The actual sampling and water quality testing be performed by the Owner. Some bench-scale tests are also envisioned. These tests will gather initial data on aeration and the potential for carbon dioxide adsorption into the lime sludge decant water. A protocol for this Page -2- testing will be developed by the Engineer with the testing carried out by the Owner. These bench-scale tests can be performed by the Engineer, if desired, as a supplemental service. Task 3 - Evaluate Alternatives Several alternatives to lower the pH of the lagoon discharge will be evaluated during this study. These alternatives include: 1 . Optimizing solids handling. The present method of storing and discharging lime sludge will be documented. It may be possible to revise current techniques to avoid discharging lagoon decant during unfavorable seasons . Sludge volumes and lagoon volumes will be determined to see if the possibility exists for "fill and draw" methodology, which will eliminate the high pH discharge. This methodology is often used for waste discharges that utilize lagoons or stabilization ponds . Volume availability is related to lime cake removal and disposal, and may vary from year to year. The Owner will evaluate this alternative and provide information to the Engineer as to its practicality. 2 . Surface aeration. Surface aeration will be explored as a means of introducing sufficient carbon dioxide into the lime sludge to lower the pH to meet the discharge limits . Experiences with aeration at other lime softening facilities in the mid-west will be documented. Additionally, some short duration bench-scale tests will be conducted to assist in determining if aeration is a viable option. The Engineer understands that there is an interest in determining if cascade aeration may be an effective method of introducing sufficient carbon dioxide. The Owner will evaluate this approach by constructing a bench-scale model and perform testing, and will provide the data to the Engineer for review. 3 . Addition of carbon dioxide. When added to water, carbon dioxide forms carbonic acid, which results in lowering the final pH. The use of CO2 is used in many lime softening facilities to adjust the pH so it may be applicable here. A computer model which characterizes final blended water quality of two different waters will be used to determine the amount of carbon dioxide needed. Page -3- 4. Addition of liquid chemicals . The pH of the pond discharge can also be lowered by the addition of an acidic solution such as muriatic acid, hydrochloric acid, or sulfuric acid. A small structure to house the chemical and the feed pump could be located near the pond discharge . Mixing could be provided by the v-notch weir . Tests will be performed by the Owner, based on protocols provided by the Engineer, to determine dosage rates required. The Owner will perform calculations for determination of the dosages required for various chemicals . Task 4 - Present Preliminary Findings to Owner A brief technical memorandum will be submitted to the Owner which describes each available alternative in detail and includes preliminary, budget level costs. After the Owner has reviewed the memorandum, a workshop will be conducted to discuss the available alternatives. Consensus on the most suitable alternative to use will be the outcome from the workshop. Task 5 - Preliminary Design Preliminary design of the alternative selected at the workshop will be completed by the Engineer. The design will be sufficient to develop an opinion of probable cost and be suitable for presentation to the PCB. The approach will be to present a methodology to reduce the pH that does not include construction of a chemical feed storage and feed facility. Task 6 - Meeting with Illinois Pollution Control Board The Engineer will accompany the Owner to the scheduled March 13th, 2001 hearing with PCB. Engineer will present the selected alternative and support the selection to the PCB. The approach will be to present a methodology to reduce the pH that does not include construction of a chemical feed storage and feed facility. Phase I Tentative Schedule Activity Date (s) Selection of Firm January 10, 2001 Committee Approval January 24 Execution of Agreement February 14 Notice to Proceed February 15 Water Quality Characterization Feb. 1 - 7 Field Testing Feb. 1 - 7 Evaluate Alternatives Feb. 7 - 14 Page -4- Technical Memorandum to City Feb. 19 Workshop with City Feb. 21 Preliminary Design Feb. 21 - 26 Preliminary Design to City Feb. 26 Meet with PCB March 13 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 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. III. PAYMENTS TO THE ENGINEER A. Not To Exceed Method A. 1 The CITY shall pay the ENGINEER for services under this Agreement at 2. 85 times the direct hourly rate of personnel employed on this PROJECT, plus direct expenses at cost, plus 1 . 05 times the invoice cost for outside services provided by other firms or sub-consultants, with the total not to exceed $22, 000 (Twenty Two Thousand Dollars) regardless of the actual costs incurred by the ENGINEER unless modifications to the scope of the work are authorized in writing by the DIRECTOR. A. 2 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 DIRECTOR. 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 the Page -5- 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 three year 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. VI. TERM This Agreement shall become effective as of the date the ENGINEER is given a Notice to Proceed and, unless terminated for cause pursuant to Article V, shall be deemed concluded on the date the CITY 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 term or provision of the 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 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 in writing and 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. VIII. 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 Page -6- 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 other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. 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, attorney's 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 CITY's 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. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification 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. The ENGINEER shall deliver to the DIRECTOR a Certificate of Insurance naming the CITY as additional insured. The policy Page -7- 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 IX entitled "Indemnification" shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY . 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. 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 general liability and auto exposures may be met with 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 limits of not less than $1, 000, 000 per occurrence / $3, 000, 000 aggregate. 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. 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 Page -8- 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 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. 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 CITY's advanced written approval. XV. 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 co-partners 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 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 to be void otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. Page -9- 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 constitutes 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. Venue for all disputes shall be in the Circuit Court of Kane County, Illinois. 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 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 approval from the DIRECTOR, nor will the ENGINEER make public any reports or documents developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. XXI. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. XXII. NTERFERENCE 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 Page -10- 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 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 the Policies 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 Ill. DOR unless there is a pending proceeding contesting the tax. XXV. WRITTEN COMMUNICATIONS All recommendations and other communications by ENGINEER to the DIRECTOR and 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. 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: Larry E. Deibert, Director of the Water Department City of Elgin 150 Dexter Court, Elgin, Illinois 60120-5555 Page -11- B. As to ENGINEER David B. Hunt. P.E, Vice President Black & Veatch Corporation 101 N. Wacker Drive, Suite 1100 Chicago, Illinois 60606 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 the CITY: ATTEST: THE CITY OF ELGIN BY IN-44....„4 City Clerk City Manager (SEAL) For the ENGINEER: Dated this p2,7 pL day of i4 Ll a r y , A.D. 2001 WITNESSED: BLACK & — CH CORPORATION B � �' ��� Y By 4%LrifC/Cti Vice President Page -12- City of Elgin Agenda Item No %TED cos ' E (( t< R0 January 18, 2001 fni 5p fl G lid 4 11100A o; I. I TO: Mayor and Member of the City Council N no; `- IRiyj rt FINANCIALLY STABLE CITYGOVERNMENT EFFICIENT SERVICES FROM: Joyce A. Parker, City Manager AND QUALITY INFRASTRUCTURE RE SUBJECT: RFP #00-142 Engineering Services for pH Adjustment to Discharge From South McLean Lime Residue Facility PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to award a contract for engineering services to adjust the discharge pH at the South McLean Lime Residue Facility. BACKGROUND r'I' The Water Department has solicited proposals for the evaluation and preliminary design of modifications to the South McLean Lime Residue Facility discharge stream in preparation for an appearance before the Illinois Pollution Control Board (PCB) on March 2, 2001 . The appearance before the PCB is to request modifications to the effluent discharge and water quality standards . The proposal to the PCB will provide for engineering solutions to modify the pH of the discharge water. The engineering solutions will be necessary if the PCB does not rule favorably on our request to modify the pH standards . Requests for Proposals were sent to four qualified engineering firms . One firm did not offer a proposal based on existing workloads . The three remaining firms were evaluated on their approach to the project, ability to perform the work within specific time frames, experience on similar projects, experience and educational qualifications of the engineer' s key staff assigned to this project, and their familiarity with the overall scope of the project . Of the three firms submitting proposals, Black & Veatch, Metcalf & Eddy, and Alvord, Burdick & Howson, Black & Veatch was ranked number one by the selection team. After discussions to redefine the scope of the work requested, Black & Veatch has reduced their initial price quote to $22, 000 . r Jr RFP #00-142 January 12, 2001 Page 2 The project engineer from Black & Veatch is exceptionally well qualified for this project as they had prepared a previous evaluation of the recommended improvements to the discharge waters of the lagoon facility at the request of Attorney Roy Harsch, who is representing the City on this case before the Pollution Control Board. Additionally, a significant member of the Black & Veatch team working on this project is Dr. Lee Harms, who also provided expert testimony for the City in their issue before the Illinois Environmental Protection Agency (IEPA) concerning modifications to plant discharges for lead and copper rule compliance. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . yi4_,FINANCIAL IMPACT This project (#409557) has been budgeted out of the Water portion of the upcoming 2001 Bond Sale. The total proposed Bond Sale (Water portion) will be for $2, 015, 000 . Account number 381-4000- "` 795 . 92-36 will be charged for the $400, 000 budgeted for this E project . LEGAL IMPACT i The agreement will need to be reviewed by the Legal Department . ALTERNATIVES None. RECOMMENDATION It is recommended that the City Council approve the award of a contract for engineering services to Black & Veatch consulting firm for adjustment of the discharge flow pH at the South McLean Lime Residue Facility. Res ectfully submitted, J cfItrkert City Manager rft. LED:mg t (elk Engineering Services for pH Adjustment Rating Sheet B & V M & E ABH Paul 1 2 3 Kurt 1 3 2 Peter 2 3 1 1/08/01