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HomeMy WebLinkAbout18-22 Resolution No. 18-22 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH STANLEY CONSULTANTS, INC. FOR ENGINEERING SERVICES RELATED TO THE WELL 5A UPGRADES 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 Stanley Consultants, Inc. for engineering services related to the Well 5A upgrades, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: February 28, 2018 Adopted: February 28, 2018 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 28 day of February 2018, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and STANLEY CONSULTANTS, INC. (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the City of Elgin Well 5A Upgrades (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 PROJECT Scope of Services includes four primary tasks: 1. Task 1: Inspect Well 5A and associated discharge line. 2. Task 2: Prepare recommendations and work plan. 3. Task 3: CITY review. 4. Task4: Design improvements, prepare documents, &assist w/bidding. 5. Task 5: Provide services during construction. C. A detailed Scope of Services is attached hereto as Attachment A. 2. PROGRESS REPORTS A. The outline PROJECT milestone schedule includes: 1. Task 1: February 9, 2018 2. Task 2: March 23, 2018 3. Task 3: April 13, 2018 4. Task 4: July 11, 2018 5. Task 5: To be determined. B. A detailed PROJECT schedule 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. 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 A. For services provided, the ENGINEER shall be paid at the rate of 3.15 times the direct hourly rate of personnel employed on this PROJECT, as set for the in Attachment C,with the total fee not to exceed$91,934 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the DIRECTOR. B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER and such amounts, if any, are included in the total not-to-exceed amount in Paragraph 4A above. C. The estimated expenses for automobile mileage, tolls, printing and other miscellaneous items is $1,800 and such amounts, if any, are included in the total not-to-exceed amount in Paragraph 4A above. 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. Task Amount 1 & 2 $26,058 3 $0 4 $45,929 5 $19,947 - 2 - 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 Paragraph 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 Article 6, 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. 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 - 3 - 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 501/1, 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. 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. - 4 - 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. 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. - 5 - 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. 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. - 6 - 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. 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 - 7 - 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. 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, PE Interim Water Director City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: Tony Mardam, PE 8501 West Higgins Road Suite 730 Chicago, IL 60631-2801 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. - 8 - 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: By:gffi''i_ �.►�s By: / /t � City Manager Name/Print: Tony Mardam Title: Vice President Ate a(/ 474,66 City Clerk F:\Legal Dept\Agreement\ENGINEERING AGREEMENT-FORM-01-23-12.docx - 9 - ATTACHMENT A SCOPE OF SERVICES ENGINEER will provide the following Professional Services associated with inspection, evaluation, design, permitting, bidding and assistance during construction for City of Elgin Well 5A Improvements. PART 1 -BASIC SERVICES ENGINEER scope of work will include the following tasks: Task 1: Inspect Well 5A &the associated discharge line: (1) Review of provided Data, Site Survey and Inspection ENGINEER will review the available existing Well 5A data that can be provided by the CITY, such as as-built drawings,pump and motor maintenance records, inspection data, and water well reports. ENGINEER will conduct a condition assessment of the well including structures and equipment such as the dry pit, piping, valves and electrical cabinets. The area is prone to flooding during rain events. Therefore, site conditions such as existing grading and drainage patterns will be evaluated. ENGINEER will assist the CITY with a pumping test to establish the current condition of the well pumping equipment and of the well itself ENGINEER will compare this data to the original pumping curves for the pump and performance measures for the well. (2) Assess Feasibility of Improvements Based on the provided well information, the inspection and site assessment, ENGINEER will develop a list of recommended improvements and additional items to potentially investigate. From this list, ENGINEER will work with CITY to develop a work plan to layout those immediately needed improvements and longer-term repairs based on both the severity of the issues and the associated costs. The assessment with include consideration of the following: 1. Raising of well equipment and structures to avoid surface water runoff into the pit and the electrical cabinets. 2. Replacement of the existing well pump. 3. The feasibility and benefit of installing a long string casing to the top of the Ironton Galesville formation (as recommended in the City's 2010 Water Comprehensive Master Plan). The 22" outer casing of the well has an inner 18" casing down to the mid-point of the Galena limestone aquifer. 4. Investigation of the well water quality issues with occasional bacteria colonies in water samples and the strong hydrogen sulfide smell from the water. 5. Lining the existing water line from the well to the water plant. It was noted during the ENGINEER'S site visit that there had been a water main break which could be a potential source of ground water infiltration. ENGINEER will consider the installation of a check valve within the pit to maintain pressure in the system when the pump is off. Following additional investigation, the recommended improvements will be assessed based on feasibility and cost associated. The primary focus of the improvements will be to eliminate any source of water intrusion/infiltration and to assure the operation of the well is reliable. Task 2: Recommendations and Work Plan ENGINEER intends to work with the CITY's staff to develop a work plan for Well 5A and to help prioritize projects based on your knowledge of the system, existing funds available for this project, and future anticipated funds. Recommend Improvements: ENGINEER will provide a work plan with options and steps to minimize water infiltration/intrusion. Probable construction costs for each of the improvement will be provided. (1) Additional improvements. Based on the condition assessment of the equipment and overall system, as well as discussion with CITY and staff, additional improvements may be needed, which will also be presented to the CITY in the work plan. Task 3: CITY Evaluation and Recommendation, Commence with Design of Selected Improvements CITY Evaluation and Recommendation: It is anticipated that the CITY will require two weeks to review the recommendations and further discussions may be necessary in the selection of improvements from the work plan. Additionally,a meeting with the permitting agencies may also be required. (1) Once approval of the selected improvements is given, ENGINEER will begin design of the recommended improvement. (2) ENGINEER will include additional requested work such as maintenance of two additional vertical turbine pumps at the Riverside Water Treatment Facility. - 11 - Task 4: Prepare Design and Bidding Documents for Approved Improvements;Assist with Bidding (1) Prepare design and bidding documents ENGINEER will provide two(2) submittals—50%and 90%plans and specifications to the CITY. Permitting will occur with the 90% design submittal. Cost estimates will be provided with each submittal. The contract may be amended once the final scope of work of the design has been defined and approved by the CITY. (2) Bidding Issued for construction drawings and specifications will be prepared by the ENGINEER and distributed to contractors. ENGINEER will provide bidding assistance as requested by the CITY. Task 5: Construction Services ENGINEER will provide assistance during construction, including the review of submittals, responding to RFIs, review of applications for payment and construction observation services. The hours allocated to the construction phase will depend greatly on the type of work that is needed. The contract may be amended when the CITY has determined the needed services. PART 2 -CONDITIONS OF SERIVCE 1. Adding an additional, smaller diameter casing will limit the size of the pump that can be installed in the well and thereby decrease the flow rate from the well, which is currently not preferred. Therefore, a casing should be only be considered if the static water level, and pumping levels are problematic as a result of cascading of water between the formations or if the existing casing is damaged. Therefore, video inspection of existing casing is recommended but not included in the ENGINEER's services. 2. The ENGINEER's services do not include legal land surveys,property ownership searches, or geotechnical investigations. CITY will obtain property entry rights from any owners for performing land survey and geotechnical investigation services found to be needed for the PROJECT. 3. All cost estimates presented during the design phase are ENGINEER's opinions of probable project,construction, and/or operation and maintenance costs. Cost estimates are made on the basis of our experience and represent our best judgment. ENGINEER has no control over cost of labor,materials, equipment, contractor's methods, or over competitive bidding or market conditions. Therefore, ENGINEER does not guarantee that proposals, bids,or actual construction costs will not vary from estimates of project costs, construction, and/or operation and maintenance costs presented. 4. Bidding documents will be provided to prospective bidders as electronic documents. - 12 - 5. Disagreements between CITY and Contractor. Render formal written decisions on all claims of CITY and Contractor relating to acceptability of Contractor's work or interpretation of requirements of Contract Documents pertaining to execution and progress of Contractor's work shall be final. In rendering such decisions, ENGINEER shall be fair and not show partiality to CITY or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 6. Payment application review shall be based predominantly on review and input from CITY's on-site construction observer supplemented by ENGINEER's observations during infrequent site visits as an experienced and qualified design professional, and on review of Applications for Payment and accompanying supporting documentation. 7. Determine amounts that ENGINEER recommends Contractor be paid. Such recommendations for payment will be in writing and will constitute ENGINEER's representation to CITY, based predominantly on input from CITY's on-site construction observer supplemented by ENGINEER's observations during infrequent site visits, and review,that,to best of ENGINEER's knowledge,information and belief,Contractor's work has progressed to point indicated, quality of such work is generally in accordance with Contract Documents(subject to evaluation of Work as a functioning whole prior to or upon Substantial Completion,to results of any subsequent tests called for in Contract Documents and to any other qualifications stated in the recommendation), and conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe Contractor's work. 8. By recommending any payment, ENGINEER shall not thereby be deemed to have represented that observations made by ENGINEER to check quality or quantity of Contractor's work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed inspections of Work beyond responsibilities specifically assigned to ENGINEER in this Agreement and Contract Documents. Neither ENGINEER's review of Contractor's work for purposes of recommending payments nor ENGINEER's recommendation of any payment including final payment will impose on ENGINEER responsibility to supervise, direct, or control Contractor's work in progress or for means,methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to Contractor's furnishing and performing the Work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes Contractor has used moneys paid on account of Contract Price, or to determine that title to any portion of work in progress, materials, or equipment has passed to CITY free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between CITY and Contractor that might affect amount that should be paid. 9. Duration of Construction Phase. Construction Phase will commence with execution of first Construction Agreement for PROJECT or any part thereof and will terminate upon written recommendation by ENGINEER for final payment to Contractor. - 13 - 10. ENGINEER shall not be responsible for acts or omissions of any Contractor,of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing any of Work. ENGINEER shall not be responsible for failure of any Contractor to perform or furnish the Work in accordance with Contract Documents. 11. The purpose of ENGINEER's visits to Site will be to enable ENGINEER to better carry out duties and responsibilities assigned to and undertaken by ENGINEER during Construction Phase, and, in addition, by exercise of ENGINEER's efforts as an experienced and qualified design professional, to provide for CITY a greater degree of confidence that completed Work will conform in general to Contract Documents and that integrity of design concept of completed PROJECT as a functioning whole as indicated in Contract Documents has been implemented and preserved by Contractor. ENGINEER shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall ENGINEER have authority over or responsibility for means, methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, or for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, ENGINEER neither guarantees performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with Contract Documents. 12. Defective Work. Recommend to CITY that Contractor's work be disapproved and rejected while it is in progress if, on basis of such observations, ENGINEER believes that such work will not produce a completed PROJECT that conforms generally to Contract Documents or that it will prejudice integrity of design concept of completed PROJECT as a functioning whole as indicated in Contract Documents. PART 3 -ADDITIONAL SERVICES ADDITIONAL SERVICES are not included in the BASIC SERVICES but can be performed by ENGINEER if requested by the CITY. Additional services will only be performed as authorized by the CITY. 1. Additional meetings beyond those listed in BASIC SERVICES. 2. Visits to Project Site or attend meetings beyond extent indicated under BASIC SERVICES. 3. Additional RFIs and Change Orders. - 14- ATTACHMENT B PROJECT SCHEDULE Period Schedule Start End (weeks) Notice to Proceed 14-Jan-18 Task 1: Inspect Well 5A &the associated discharge line 14-Jan-18 9-Feb-18 4 Task 2: Recommendations and Work Plan 9-Feb-18 23-Mar-18 6 Task 3: City Evaluation and Recommendation, Commence with Design of Selected Improvements 23-Mar-18 13-Apr-18 3 Task 4: Prepare Bidding Documents for Approved Improvements; Assist with Bidding 13-Apr-18 11-Jul-18 12 Task 5: Provide Assistance during Construction TBD TBD TBD Schedule Notes: 1. Anticipated time frame for task 4 through completion of IFC documents is 12 weeks (assuming 2 week review at 30% and 90% submittals). 3. Permit review periods can vary and may impact final document timelines. ATTACHMENT C 411b, Stanley Consultants HOURLY FEES AND CHARGES Fiscal Year 2017-2018 L Compensation for office-based personnel in the contiguous United States for time in the performance of the work shall be in accordance with the following Hourly Fees: Classification Hourly Fee Classification Hourly Fee Classification Hourly Fee BC-1 38.00 BC-11 132.00 BC-21 251.00 BC-2 48.00 BC-U 147.00 BC-22 266.00 BC-3 56.00 BC-13 155.00 BC-23 282.00 BC-4 65.00 BC-14 167.00 BC-24 297.00 BC-S 75.00 BC-15 179.00 BC-25 312.00 BC-6 84.00 6C-16 192.00 BC-26 326.00 BC-7 93.00 BC-17 202.00 BC-27 383.00 BC-8 102.00 6C-18 213.00 BC-28 488.00 BC-9 111.00 BC-19 225.00 BC-10 119.00 BC-20 238.00 Travel time in the interest of the work and away from the assigned office,either local or intercity,will be charged in accordance with the foregoing schedule. R. Compensation for iterrt of expense and other charges incurred in connection with the performance of the work shall be in accordance with the following schedule: Automobile 50.60/mile Automobile Assigned to Project Site 546.00/cal.day Four-Wheel Drive Vehicles 50.80/mile Four-Wheel Drive Vehicles Assigned to Project Site 556.00/cal.day Ground Transportation(rental car,taxi,etc.) At Cat Pius 10% Air Travel(commercial and charter) At Cost Plus 10% Living Expenses(away from assigned office) At Cost Pim 10% Telephone and Facsimile At Cost Pim 10% Equipment Rental At Cost Plus 10% Laboratory Work At Cost Pito 10% Soils Testing and Analysis At Cost Pio 10% Outside Photographic Work At Cost Pir 10% Duplicating Work (schedule supplied upon request) Technical Testing and Surveying Equipment (schedule supplied upon request) M. Compensation for purchases,items of expense,and other charges not scheduled above,incurred in connection with the performance of the work,shall be at cost plus 10%. TV. Interest at the rate of 11%per month will be charged on invoices not paid within 30 days. V. Fees and charges are subject to revision on or after March 31,2018. Stanley Canalsants Form BC_C 17-18 - 16 -