Loading...
HomeMy WebLinkAbout89-0125 Donohue ;39- 01 as ENGINEERING AGREEMENT FOR THE CROSS CONNECTION CONTROL PROGRAM THIS ENGINEERING AGREEMENT is made and entered into this 25 day of January , 1989. , by and between the City of Elgin, hereinafter called the Owner, and Donohue and Associates, Inc. , hereinafter called the Engineer. WHEREAS, the Owner intends to establish a cross connection con- trol program for the City of Elgin, and WHEREAS, the Owner wishes to employ the Engineer to develop the cross connection control program. NOW, THEREFORE, in consideration of these premises and the cove- nants,, agreements, and payments hereinafter mentioned, the Owner and the Engineer hereby mutually agree as follows: ARTICLE I - DESCRIPTION OF PROJECT The project consists of preparing a cross connection ordinance which includes a plumbing code at least as stringent as the Illinois State Plumbing Code, 77 Ill Admin. Code 890, for adop- tion by the Owner; a cross connection control program for imple- mentation; the completion of the initial survey identifying the appropriate consumers requiring cross connection control ; and complete and submit a final report documenting all tasks. ARTICLE II - SCOPE OF SERVICES TASK A: Cross Connection Control Ordinance 1. Develop a proposed ordinance fully establishing legal justification and authorization for the Owner to conduct and enforce a cross connection control program. 2 . Review existing and proposed statutes regarding cross connection control and the legal ramifications. 3 . Prepare a final document in a form suitable for presen- tation to the Owner for adoption, including references to state statutes. 4 . Submit document for review and approval by the IEPA. 5. Submit to the Owner for adoption upon completion of incorporating IEPA and Owner review comments. TASK B: Cross Connection Control Program 1. Based upon the approved cross connection control ordi- nance, develop a fully accountable cross connection con- trol program. 2 . Complete a program outline which addresses the key items to be developed. This outline will also serve as a mechanism to monitor progress and status of the program development. The outline will incorporate IEPA require- ments, purpose, tasks to be completed, method of imple- mentation, personnel requirements, and approval and licensing needs. 3 . Assemble components of the program and submit to the Owner. The program will include necessary forms, written procedures, plans, etc. allowing the Owner to proceed with administration of the developed program. TASK C: Initial Survey 1. Upon submittal and approval of the final cross connection control program by the Owner, establish the procedure to complete the initial survey of industrial and commercial connections within the Owner. 2 . Identify information to be provided by the Owner's staff necessary to complete the in-house survey. 3 . Identify connections which require field inspection to supplement office data. 4 . Assemble office and field data into a report that identi- fies connection's that require cross connections protec- tion, along with the required protection device for each connection. The document will also address the reason for installation along with the type of hazard to be protected against. 5. Upon start-up of this activity, it is our understanding that the Owner will maintain this survey in accordance with the cross connection control program. TASK D: Final Report • 1. Submit a final report that will provide the utility with necessary supporting documentation. The report will provide a complete summarization of previous tasks as required by the Owner. • ARTICLE III - ADDITIONAL SERVICES Following services may be provided by the Engineer if specifi- cally requested in writing by the Owner at additional cost in accordance with Article V: TASK C: Initial Survey Field Survey - Additional consumer survey related to cross connection control program needs in excess of 100 hours. ARTICLE IV - OWNER'S RESPONSIBILITIES The scope of services outline is based on the understanding that the Owner will provide the following: a. A person authorized to act as the Owner's representative. b. All available plans, drawings, consumption records, and past reports presenting consumer data relevant to the cross con- nection control program. c. Assist the Engineer's personnel in field activities. d. Provide access to consumer facilities. ARTICLE V - COMPENSATION Compensation for these services will be billed in accordance with the Engineer's hourly rates in effect at the time the services are performed. The hourly rates are actual direct labor costs times a factor for overhead and burden plus profit. The Engineer will bill the Owner monthly for the services provided plus direct expenses such as technical equipment, computer time, printing, and travel expenses. The bill will provide a breakdown of ser- vices rendered according to the Engineer' s standard job classifi- cations and is due 30 days after the billing date. The fee for these services are as follows: TASK A: Cross Connection Control Ordinance $2 , 100. 00 TASK B: Cross Connection Control Program $3 ,400. 00 TASK C: Initial Survey $8, 400. 00 TASK D: Final Report $2 , 600. 00 TOTAL NOT-TO-EXCEED COST $16, 500. 00 • ARTICLE VI - STATEMENT OF RESPONSIBILITY The Engineer intends to serve as the Owner's professional repre- sentative for those services as defined under this agreement and to provide advice and consultation to the Owner as a professio- nal. Any opinions of probable project costs, approvals, and other decisions made by the Engineer for the Owner are rendered on the basis of experience and qualifications and represent the Engineer's professional judgement. ARTICLE VII - CHANGE OF SCOPE If services different from those in this agreement are required of the Engineer as a result of subsequent investigations, changes in regulatory agency requirements or interpretations, or upon the direction of the Owner, the Engineer and the Owner agree to rene- gotiate this agreement. The additional services and compensation shall be negotiated, and the Engineer shall not proceed with the additional services until approved by the Owner and the appropri- ate regulatory agency, if required. ARTICLE VIII - INDEMNIFICATION The Engineer shall indemnify and save harmless the Owner, and its representatives, from all suits, actions, or claims of any character brought for or on account of any injuries or damages received by any person, persons, or property resulting from the negligent acts of the Engineer or of any of their subcontractors, in prosecuting the work under this agreement. ARTICLE IX - TIMING AND PERSONNEL The Engineer has or will secure qualified personnel, equipment, and facilities to complete the services outlined in this agree- ment. The Engineer anticipates providing personnel from the following personnel classifications: 1. E-1 Principal and Associate Engineer • 2 . E-2 Professional Engineer 3 . E-3 Graduate Engineer 4 . D-1 Draftsperson 5. S-1 Surveyor and Aide 6. T-1 Technician 7. C-1 Clerical 8 . Corporate Attorney Information regarding the above classifications is available from the Engineer upon request. • ARTICLE X - GENERAL TERMS AND CONDITIONS All services will be per formed in accordance with the Engineer's General Terms and Conditions dated November 1, 1987 which are attached and incorporated into this agreement by reference. Execution of this agreement shall be considered as authorization to proceed with engineering services described in Article 2 . IN WITNESS WHEREOF, the City of Elgin, Illinois, and Donohue and Associates, Inc. have respectively caused this agreement to be duly executed as of the day and year first above written. DONOHUE & ASSOCIATES, INC. CITY OF ELGIN �GsGr.✓t�v /Le David I . L e , P.E. Mayor Senior Vice Pre ident DIL/CD:kkd Clerk Enclosures MAR/PRO/AH 5 By �� - Nancy Roll, Deputy Clerk • Donohue GENERAL TERMS AND CONDITIONSg � Effective November 1, 1987 1. Donohue will bill the Owner monthly with net payment due in t 30^) days. Bills will detail hours and other fees charged by standard job classifications. Client requests for copies of original source documents will be billed as additional services at the rates in effect at the time of the request. Any sales or use taxes imposed upon provision of professional services under this agreement and in effect on the date of the bill will be added to the invoice amount and billed to the Owner. Past due balances shall be subject to a service charge at a rate of 1.01 per month. In addition, Donohue may, after giving seven (7) days written notice, suspend service under any agreement until the Owner has paid in full all amounts due to services rendered and expenses incurred, including a service charge on past due invoices. 2. The stated fees and scope of services constitute our best estimate of the fees and tasks required to perform the services as defined. This agreement, upon execution by both parties hereto, can be amended only by written instrument signed by both parties. For those projects involving conceptual or process development services, activities often cannot be fully defined during initial planning. As the project prog , facts uncovered may reveal a change in direction which may alter the scope. Donohue will promptly inform the Owner in writing of such situations so that changes in this agreement can be renegotiated as required. 3. Costs and schedule commitments shall be subject to renegotiation for delays caused by the Owner's failure to provide specified facilities or information or for delays caused by unpredictable occurrences including, without limitation, fires, floods, riots, strikes, unavailability of labor or materials, delays or defaults by suppliers of materials or ser- vices, process shutdowns, acts of God or the public enemy, or acts or regulations of any governmental agency. Temporary delays of services caused by any of the above which results in additional costs beyond those outlined may require renego- tiation of this agreement. 4. Donohue will maintain insurance coverage for: Worker's Compensation, General Liability, Automobile Liability, Aviation, and Professional Liability. Donohue will provide specific limits upon request. If the Owner requires coverages or limits in addition to those in effect as of the date of the agreement, premiums for additional insurance shall be paid by the Amer. 5. Donohue and the Owner agree that the overall liability for the actual, alleged, or threatened discharge, dispersal, �(�, release, or escapement of pollutants, .J , remain with the Owner. Donohue and the Owner acknowledge that Donohue's pro- fessional liability policy does not apply to claims arising out of the actual, alleged, or threatened discharge, disper- sal, release, or escapement of pollutants. , a 6. When Donohue, subsequent to execution of an agreement, finds that specialized equipment must be purchased to provide special services outside the scope of services, the cost of such equipment and/or special services will not be added to the agreed fees until the Owner has been notified and agrees. 7. v;.. r►..� .g. .. p-....id. ...- t.g.i ..�,0 ...A 4 �.,. ,.,....;4,.g ....,4 .. .. .y w. �.P.��.; a.,� i . p__j__ - 8. Termination of this agreement by the Owner or Donohue shall be effective upon seven (7) days' written notice to the other party. The written notice shall include the reasons and details for termination. Donohue will prepare a final invoice showing all charges incurred through the date of termination; payment is due A SAO emgraph 1. If the Anse:gl} r, p (Aral violates any of the agreements entered into betveel Do�o4 �an �/t��Owner or if the ai to carry out any of the duties contained in these terms and conditions Xupdn e8 vetf(7) days' written notice, suspend services without further obligation or liability to the-917Se�pzidie ithin such seven (7) day period, the Awes remedies such violations cfheR fARty 9. Reuse of any documents pertaining to this project by the Owner on extensions of this project or on any other project shall be at the Owner's risk. The Owner agrees to defend, indemnify, and hold harmless Donohue from all claims, damages, and expenses including attorney's fees arising out of such reuse of the documents by the Owner or by others acting through the Owner. 10. Donohue will provide all services in accordance with generally accepted professional practices. Donohue will not provide or offer to provide services inconsistent vith or contrary to such practices nor make any warranty or guarantee, expressed or implied, nor me have any agreement or contract for services subject to the provisions of any uniform commercial code. Similarly, Donohue will not accept those terms and conditions offered by the Owner in its purchase order, requisition, or notice of authorization to proceed, except as set forth herein or expressly accepted in writing. Written acknowledgement of receipt, or the actual performance of services subsequent to receipt of such purchase order, requisition, or notice of authorization to proceed is specifically deemed not to constitute acceptance of any terms or conditions contrary to those set forth herein. 11. Donohue intends to serve as the Owner's professional representative for those services as defined in this agreement and to provide advice and consultation to the Owner as a professional. Any opinions of probable project costs, approvals, and other decisions made by Donohue for the Owner are rendered on the basis of experience and qualifications and represent our professional judgment. 12. This agreement shall not be construed as giving Donohue the responsibility or authority to direct or supervise construc- tion means, methods, techniques, sequence, or procedures of construction selected by contractors or subcontractors or the safety precautions and programs incident to the work of the contractors or subcontractors. 13. Donohue is an affirmative action employer and operates under Executive Order 11246. • CERTIFICATION OF GOOD STANDING Chapter 38, Section 33E-1 I The firm of Donohue & Associates, Inc. does hereby affirmatively state and certify that: I) It has not been convicted of bid rigging, in violation of Illinois Revised Statutes, Chapter 38, Section 33E-3 within the five (5) years previous to the date of its bid; 2) It has never been convicted of bid rotating in violation of Chapter 38, Section 33E-4; and there exists no statutory bar to its bidding on or entering into this public contract with the City of Elgin. ononue & Associates, n .