Loading...
HomeMy WebLinkAbout17-124 Resolution No. 17-124 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE DISTRIBUTION SYSTEM PRESSURE STUDY-2017 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Engineering Enterprises, Inc. for engineering services in connection with the distribution system pressure study-2017, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 27, 2017 Adopted: September 27, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk I AGREEMENT THIS AGREEMENT is made and entered into this 27 day of September,20 17 ,by and between the CITY OF ELGIN, an Illinois municipal corporation(hereinafter referred to as"CITY") and ENGINEERING ENTERPRISES, INC., an Illinois Corporation (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the DISTRIBUTION SYSTEM PRESSURE STUDY-2017(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 for and in consideration of the mutual promises and covenants contained herein,the sufficiency of which is hereby acknowledged to act for and represent it in the engineering matters involved in the PROJECT as described herein, subject to the following terms and conditions and stipulations, to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Interim Water Director of the CITY, herein after referred to as the "DIRECTOR". B. The intent of the PROJECT is to determine the root cause of transient wave and other pressure fluctuations throughout the CITY's water distribution system and recommend specific solutions to address these issues. The overall general work items that will be completed are: update and calibrate the existing water distribution system hydraulic model and then utilize the model combined with field data to evaluate the pumping facilities, Pressure Reducing Valve (PRV) settings, appropriately sized and located air relief valves,potential for other surge suppression devices and other appropriate methods for mitigating pressure fluctuations in the system. C. A detailed Scope of Services is attached hereto as Attachment A. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder. B. A detailed project schedule for the Project is included as Attachment B, attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C below. - 1 - C. 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. 3. WORK PRODUCTS All work product prepared by the ENGINEER pursuant hereto including,but not limited to, reports, plans, 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 product for its records. ENGINEER'S execution of this Agreement shall constitute ENGINEER'S conveyance and assignment of all right,title and interest,including but not limited to any copyright interest, by the ENGINEER to the CITY of all such work product prepared by the ENGINEER pursuant to this Agreement. The CITY shall have the right either on its own or through such other engineers as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is 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. 4. PAYMENTS TO THE ENGINEER (Lump Sum Method) A. The CITY shall reimburse the ENGINEER for the base scope of services under this Agreement a lump sum of 167,530 Dollars,regardless of actual Costs incurred by the ENGINEER unless substantial modifications to the project are authorized in writing by the DIRECTOR. Attachment C provides a summary of the level of effort and associated cost for the base scope of services for the project. B. Attachment D contains the work items and level of effort and associated costs for the alternate scope of services for this project. Upon prior written approval by the CITY, the ENGINEER will commence the alternate scope of services work items that are authorized. C. The total maximum compensation of this contract, including both the base scope of services and alternate scope of services is 174,968 Dollars. D. 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. Based on the current knowledge of the CITY's distribution system, it seems likely that the alternate scope of services tasks will be completed. Therefore, the below Payment Schedule includes both the base and alternate scope of services. - 2 - E. All costs and expenses incurred by the ENGINEER in connection with the services under this Agreement are included within the total lump sum amounts provided for in Section 4A and C above. Payment Schedule ESTIMATED ESTIMATED VALUE ESTIMATED INVOICE DATE %COMPLETE OF WORK COMPLETE VALUE 11/30/2017 16% $ 27,967 $ 27,967 12/31/2017 27% $ 47,087 $ 19,120 1/31/2018 32% $ 55,315 $ 8,227 2/28/2018 46% $ 80,644 $ 25,329 3/31/2018 62% $ 109,094 $ 28,450 4/30/2018 70% $ 121,782 $ 12,688 5/31/2018 77% $ 134,181 $ 12,399 6/30/2018 87% $ 151,886 $ 17,705 7/31/2018 96% $ 167,683 $ 15,797 8/31/2018 100% $ 174,968 $ 7,285 Total 100% $ 174,968 5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (2C 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. 6. 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 Section 4 above. 7. TERM This Agreement shall become effective as of the date the ENGINEER is given a notice to proceed and, unless terminated for cause or pursuant to Section 5, 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. - 3 - 8. 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. 9. 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 administrative, 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. Notwithstanding the foregoing,or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the ENGINEER pursuant to Paragraph 4 hereof, no action shall be commenced by the ENGINEER against the CITY for monetary damages. ENGINEER hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the Local Government Prompt Payment Act (50 ILCS 50111, et seq.), as amended, or the Illinois Interest Act(815 ILCS 205/1,et seq.),as amended. The parties hereto further agree that any action by the ENGINEER arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 10. INDEMNIFICATION To the fullest extent 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, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this paragraph shall survive any expiration and/or termination of this Agreement. - 4 - 11. 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. 12. 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. The ENGINEER shall deliver to the DIRECTOR a Certification 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 10 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 modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorated, 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 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 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. 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. - 5 - 13. 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. 14. 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, 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. 15. 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. 16. 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. Any proposed subcontractor shall require the CITY's advanced written approval. 17. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. - 6 - 18. 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 or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 19. 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. 20. 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. 21. 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 resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 22. 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. 23. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. - 7 - 24. INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 25. 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. A copy of the policies shall be provided by ENGINEER to the Department of Human Rights upon request 775 ILCS 5/2-105. 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, ENGINEER shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the City's Assistant City Manager prior to the entry into and execution of this agreement. 27. 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. - 8 - 28. 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: Eric Weiss Interim Water Director City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: Jeffrey W. Freeman, P.E., CFM, LEED AP Vice President Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 29. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the ENGINEER shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, ENGINEER hereby certifies, represents and warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legal residents of the United States. ENGINEER shall also at its expense secure all permits and licenses,pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. The CITY shall have the right to audit any records in the possession or control of the ENGINEER to determine ENGINEER'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the ENGINEER shall make available to the CITY the ENGINEER'S relevant records at no cost to the CITY. ENGINEER shall pay any and all costs associated with any such audit. - 9 - IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement effective as of the date and year first written above. FOR THE CITY: FOR THE ENGINEER: on By By: W,a& City Manager Name[Print: Jeffrey W.Freeman,P.E.,CFM,LEED AP Title: Vice President Attest: City Clerk FALegal Dept\Agreement\ENGINEERING AGREEMENT-FORM-01-23-12.docx - 10 - ATTACHMENT A SCOPE OF SERVICES DISTRIBUTION SYSTEM PRESSURE STUDY City of Elgin, IL Introduction Based on the information included within the Request for Proposals (RFP) and the discussion at the pre-submittal meeting held on June 30th, it is our understanding the City of Elgin Water Works System is experiencing transient waves and other pressure fluctuations that are unacceptable. City Staff has stated the pressure fluctuations primarily occur in the West Pressure Zone (PZ) downstream of the Bowes Booster Pump Station (BPS). City Staff also has observed fluctuations Southwest of the Randall Road EWST. City Staff also has observed pressure fluctuations along Big Timber Road, especially during an air release valve (ARV) replacement project. Lastly, City Staff has stated they have received pressure fluctuation complaints from an industry north of 1-90 and from the St. Charles Street area. Given the above described pressure fluctuations within the Water Works System, City Staff has identified four main tasks or goals for this project. They can be summarized as follows: 1. Updating, verification and calibration of the existing hydraulic network—update the water main geodatabase to include water main installed since 2011; conduct field flow testing and recalibrate the water model; provide two days of model training 2. Evaluation of existing equipment—evaluate operations of all pumping facilities; evaluate need for 15 Pressure Reducing Valves (PRVs) and ARVs; evaluate Elevated Water Storage Tank (EWST) operating levels; evaluate operational approach of system 3. Pressure study — conduct transient wave analysis on the system to help identify reasons for pressure fluctuations and to develop pressure fluctuation mitigation alternatives 4. Recommendations — provide operational and system modification recommendations to mitigate pressure fluctuations; provide recommendations relative to existing pump hydraulics when compared to the manufacturers curves; provide recommendations for pump sizing at the Airlite WTP PS. Base Scope of Services Work Items The ENGINEER will execute the following work items to achieve the project goals: PROJECT MANAGEMENT & PROJECT FACILITATION 1.1 Project Administration 1.2 Project Initiation & Progress Meetings (4 Meetings) BACKGROUND INFORMATION & WATER DEMAND PROJECTIONS 2.1 Review Historical Water Use Data (Last 5 Years) 2.2 Develop Current & Projected Water Demands For Each Pressure Zone 2.3 Conduct Site Visits & Characterize Operations @ WTPs (2), BPSs (3), PRVs (10- 12) & ARVs (8) 2.4 Review Pressure Logger/PS Run Time Potential Correlation Data ENGINEERING ENTERPRISES,INC. CONSULTING ENGINEERS Attachment A-Scope of Services August 21, 2017 Page 2 2.5 Evaluate/Define Current (Field Calibrated) Head Capacity Curves at WTPs (2) & Slade Ave PS 2.6 Evaluate/Define Current (Field Calibrated) Head Capacity Curves at BPSs (3) 2.7 Compare Current Head Capacity Curves To Manufacturer's Curves 2.8 Review ISO Flow Data & Determine Additional Locations For Flow Measurement 2.9 Consultant Conducts Flow Testing & Prepares Summary Report (Assume 1.5 Days of Testing) WATER WORKS SYSTEM MODELING 3.1 Update Water Main Geodatabase 3.2 Integrate Revised Geodatabase Into Model 3.3 Review Model With City Staff 3.4 Integrate Existing & Projected Water Demands Into the Model 3.5 Integrate Current (Field Calibrated) Pump Curves Into the Model 3.6 Calibrate Model For Transient Wave Analysis 3.7 Conduct Pressure Study/Transient Flow Analysis Of Existing System 3.8 Revise Model With Proposed Modifications To the Existing System 3.9 Model Benefits of VFD Additions At Airlite WTP PS 3.10 Model Benefits of VFD Additions At Riverside WTP PS 3.11 Model Benefits of VFD Additions At Slade Avenue PS 3.12 Evaluate/Model the Benefits of the Proposed Modifications To the Existing System 3.13 Conduct PRV Redundancy Analysis 3.14 Conduct Hydraulic Analysis For Airlite WTP PS 3.15 In-House/On-Site InfoWater Training COST ESTIMATING & IMPLEMENTATION PLAN 4.1 Prepare Cost Estimates For Pump Station Hydraulic (Pumps & Valves) Modifications 4.2 Develop Airlite WTP PS Prelim. Eng. Plan For Full Rehabilitation (Incl. Pumps, Piping & Electrical) 4.3 Prepare Cost Estimate For Airlite WTP PS Full Rehabilitation Plan 4.4 Prepare Cost Estimates For PRV Abandonment & Upgrades 4.5 Prepare Cost Estimates For ARV Abandonment & Upgrades 4.6 Prepare Cost Estimates For Distribution System Pressure Relief Valve Improvements 4.7 Prepare Cost Estimates For Water Main Improvements 4.8 Prepare Phasing & Implementation Plan REPORT PREPARATION 5.1 Prepare Draft Report & Submit To City For Review 5.2 Finalize Report Alternate Scope of Services Work Items The ENGINEER has identified alternate scope of services work items that may be completed within the project. Execution of the alternate scope of services work items depends on whether the modeling confirms the addition of VFD's at the Riverside WTP and/or Slade Avenue PS will ENGINEERING ENTERPRISES,INC. CONSULTING ENGINEERS Attachment A— Scope of Services August 21, 2017 Page 3 be beneficial for system operation. In the event that the modeling confirms VFD installation will be beneficial at either, or both, the CITY may elect to move forward with additional analysis at either, or both, of the facilities. Upon prior written approval by the CITY, the ENGINEER will complete, some or all of, the following work items that are authorized: RIVERSIDE WTP PS VFD ADDITION ANALYSIS & PLAN A.1 Develop Riverside WTP PS VFD Integration Plan A.2 Prepare Cost Estimate For Riverside WTP PS VFD Addition A.3 Riverside WTP PS VFD Addition Integration Into Report SLADE AVENUE PS VFD ADDITION ANALYSIS & PLAN B.1 Develop Slade Avenue PS VFD Integration Plan B.2 Prepare Cost Estimate For Slade Avenue PS VFD Addition B.3 Slade Avenue PS VFD Addition Integration Into Report Additional Services The above scope summarizes the work items that will be completed for this contract. Additional work items, including additional meetings beyond the project initiation meeting defined in the above scope, shall be considered outside the scope of the base contract and will be billed in accordance with EEI's current Standard Schedule of Charges. ENGINEERING ENTERPRISES,INC. G:1PubIi0E1gin120171EG1702 Distribution System Pressure St udy-20171PSA-Mchment A-Scope Of SeMms.Do CONSULTING ENGINEERS