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91-0508 RJN Environmental oil-05og RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH R.J.N. ENVIRONMENTAL ASSOCIATES, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with R.J.N. Environmental Associates, Inc. for the northeast interceptor sanitary sewer, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 8, 1991 Adopted: May 8, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk P . AGREEMENT CITY OF ELGIN, ILLINOIS AND RJN ENVIRONMENTAL ASSOCIATES, INC. WHEATON, ILLINOIS This AGREEMENT made this Fj/- day of May, 1991 by and between the CITY OF ELGIN, ILLINOIS, hereinafter called OWNER and RJN ENVIRONMENTAL ASSOCIATES, INC. , WHEATON, ILLINOIS, hereinafter called ENGINEER. WHEREAS, the OWNER desires the ENGINEER and the ENGINEER desires to perform professional engineering services for the Northeast Interceptor Sewer System Drainage Basin. NOW, therefore, the OWNER hereby engages the ENGINEER to provide the following professional services as set forth in this Agreement. Section I - Basic Services of ENGINEER The ENGINEER agrees to furnish and perform various professional services related to Phase I-Preliminary Design, Phase II-Final Design, and Phase III-Construction Resident Engineering for waste water improvements to the subject Drainage Basin for potential growth in the Northeast Sector. Details of the scope of services are given in Exhibit A which is attached hereto and, by reference, made a part of this Agreement. Services are to be performed in a phased basis with initial authorization of Phase I services. Services for Phase II and Phase III will be performed by ENGINEER if such improvements are implemented by the OWNER and as requested by the OWNER. Section II - Future Services of ENGINEER The ENGINEER is available to furnish and perform, under a separately negotiated agreement, future engineering services as desired and authorized by OWNER for additional planning work, design, construction, and testing with respect to extensions of this Project or others. Section III - OWNER'S Responsibility Mr. Ralph L. Ridley of the City of Elgin shall be the OWNER'S Representative, and is authorized to act with authority on behalf of the OWNER with respect to all work tasks of the Project for which services are to be rendered by the ENGINEER. May 6, 1991 -1- AGREEMENT (Cont. ) As responsible agent and beneficiary of the Project, the OWNER'S responsibilities shall include the following: 1. Assist ENGINEER by placing at his disposal all available information pertinent to the Project including maps, records, and any other data relative to the ENGINEER'S services. 2 . Furnish to ENGINEER, as required for performance of ENGINEER'S Basic Services, except to the extent provided by the ENGINEER'S Basic Services, data prepared by or services of others, including without limitations any previous plans for the sanitary sewer system, water system, pump stations, maps, treatment plant capacity and flow records, other special data or consultations not covered in ENGINEER'S Basic Services, all as available to the OWNER; all of which ENGINEER may rely upon in performing his services. 3. Arrange for access to and make all provisions for ENGINEER to enter upon public property, public easements, and private property as possible, as required for ENGINEER to perform his services. 4. Review any easement requirements with ENGINEER and secure necessary easements for completion of work unless negotiated for such service with the ENGINEER. 5. Pay for necessary permits for construction activities and legal advertisements including bid announcements. 6. Examine studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination, and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. 7. Provide such accounting, independent cost estimating, and insurance counseling services as may be necessary for the Project, such legal services as OWNER may require or ENGINEER may reasonably request with regard to legal issues pertaining to the Project. 8. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of ENGINEER'S services. 9 . Bear all costs incident to compliance with the requirements of this Section III. May 6, 1991 -2- AGREEMENT (Cont. ) Section IV - Schedule of Services Based on authorization to proceed in May 1991 for the Phase I-Preliminary Design, a draft report is expected to be submitted to the OWNER in approximately three (3) months after authorization to proceed, and a final report within three (3) weeks after final City comments of the draft report. Due to uncertainty of existing data and final scope of work details for Phase I at this time, the above schedule is subject to modification by the ENGINEER and upon concurrance of the OWNER. Execution of this Agreement will serve as a Notice-to-Proceed for the Project. The work described shall be carried out as expeditiously as weather and other physical conditions permit. The ENGINEER shall not be liable to the OWNER, if delayed in, or prevented from performing the work as specified herein through any cause or causes beyond the control of the ENGINEER, and not caused by his own fault or negligence includingactsof God, or the public enemy, inclement weather conditions, acts, regulations, or decisions of the Government or regulatory authorities after the effective date of this Agreement, fires, floods, epidemics, strikes, jurisdictional disputes, lockouts, and freight embargoes. Section V - Fees and Payments Compensation to the ENGINEER by the OWNER for work set forth in Section I of this Agreement shall be on a time and expense basis including personnel hourly charge out rates applicable at the time the work is performed plus the ENGINEER'S charges for other direct costs connected with the work. A current Schedule of Fees and Charges for the described services of the ENGINEER is attached as Exhibit B. The described rate schedule is valid until December 31, 1991, after which a new annual schedule will be available. Because of the uncertainty of final Phase I services, existing data availability, and scheduling considerations, a final maximum cost for Phase I services cannot be established at this time. For project initiation purposes, an interim maximum cost of $35, 000 is established and this cost shall not be exceeded without authorization. It is understood by both parties that the interim maximum cost may not be the final cost for completing the Phase I services. Compensation for Phase II and Phase III services will be identified as such services are negotiated and authorized. Payments to the ENGINEER shall be made monthly upon receipt of a combined status report and invoice to be submitted to the OWNER by the ENGINEER. Invoices shall be due and payable to the ENGINEER within thirty (30) days of each billing. May 6, 1991 -3- AGREEMENT (Cont. ) Section VI - General Considerations Standards of Performance The ENGINEER shall perform all services under this Agreement in accordance with the standards of the engineering profession. Estimate of Probable Cost Since the ENGINEER has no control over the cost of labor, materials, or equipment, or over the Contractor's method of determining prices, or over competitive bidding or market conditions, his opinions of preliminary or probable construction cost or total project cost provided for herein are to be made on the basis of his experience and qualifications. These opinions represent his best judgement as an experienced and qualified professional engineer. However, the ENGINEER cannot and does not guarantee that actual project cost will not vary from opinions of cost by him. Reuse of Documents All data and documents including drawings, forms, computer program tabulations, and specifications furnished by the ENGINEER pursuant to this Agreement are instruments of service with respect to the Project. They are not intended or represented to be suitable for reuse by the OWNER or others on extensions of this Project or on any other project. Any reuse without written verification or adaptation by the ENGINEER will be at the OWNER'S sole risk and without liability or legal exposure to the ENGINEER. At the end of each Phase, any and all materials, plans, specifications and reports prepared by the ENGINEER shall become and remain property of the OWNER. Termination of Services This Agreement may be terminated by either party upon giving not less than 10 days written notice to the other party at his last known post office address. Upon termination, the ENGINEER shall cause to be delivered to the OWNER all surveys, permits, agreements, preliminary drawings, specifications, partial and completed estimates, and investigations (subject to "Reuse of Documents" provisions) with the understanding that all such material becomes the property of the OWNER. The ENGINEER shall be paid for any services completed and any services partially completed. Controlling Law and Disputes If any of the provisions of this Agreement are invalid under any applicable statute or rule of law, they are, to that extent, deemed omitted. This Agreement shall be governed by the laws of the State May 6, 1991 -4- AGREEMENT (Cont. ) Controlling Law and Disputes If any of the provisions of this Agreement are invalid under any applicable statute or rule of law, they are, to that extent, deemed omitted. This Agreement shall be governed by the laws of the State of Illinois. The parties agree that any disputes regarding the interpretation of this Agreement may be resolved by informal negotiation, the resolution of which shall require the agreement of both parties. Successors and Assigns The OWNER and the ENGINEER each binds himself and his partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns and legal representatives of such other party, in respect to all covenants, agreements and obligations of this Agreement. Neither the OWNER nor the ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, and except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent the ENGINEER from employing such independent consultants, associates, and subcontractors as he may deem appropriate to assist him in the performance of services hereunder. Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than the OWNER and the ENGINEER. May 6, 1991 -5- AGREEMENT (Cont. ) IN WITNESS THEREOF, the parties hereto have caused this A. eement to be executed and their seals to be hereto affixed, this ‘,."-A., day of May 1991. For the OWNER: 71----_> CITY OF ELGIN Name Itr,a; (---j<_e City Manager Title AT ST:, tvN4( 740(.44,-- For the ENGINEER: City Clerk RJN ENVIRONMENTAL ASSOCIATES, INC. (SEAL) /6.‘"ef ------ -1‘.(-e --) 7l Name s4. Title (SEAL) Attachments: Exhibit A - Work Plan Exhibit B - Schedule of Hourly Fees and Charges May 6, 1991 -6- Exhibit A Work Plan Phase I-Preliminary Design A. Determination of Anticipated Wastewater Conveyance Needs 1. Meet with City staff and the Consulting Engineer for the Northeast Area to be developed to discuss growth patterns. The primary area of development interest is located north of Route 58, east of Berner Road, south of the Northwest Toliway, and west of the Forest Preserve. Consideration for other properties in the area are also to be included. 2. Estimate the design average sewage flow rates based on the proposed development(s) and the time frame in which the development(s) is (are) expected to occur. 3. Communicate and meet with City on regular basis to discuss project issues. B. Investigation of Existing Wastewater Conveyance System 1. Review existing plans, reports, and sewer maps and plans to determine the location and capacity of the existing wastewater conveyance system for the development area(s) . 2 . Review current flow data and water consumption data for the Northeast Interceptor as provided by the City. Provide recommendations for additional data if necessary. 3. Perform on-site review of current interceptor, development areas, and potential interceptor routings. May 6, 1991 -Al- Exhibit A (Cont. ) C. Investigation of Existing Wastewater Treatment Plant Capacity 1. Determine if capacity will be available at the South Fox River Water Reclamation Plant to adequately treat the wastewater from the development area in consultation with Plant officials. D. Evaluation of Routing Alternatives 1. Evaluate routing alternatives for conveying wastewater from the development to the South Fox River Water Reclamation Plant. Prepare preliminary estimates of construction cost for each alternative. 2. Prepare schematics for most feasible alternatives. E. Recommended Plan and Report 1. Recommend the most suitable wastewater conveyance alternative based on construction, cost, and feasibility. 2. Identify major easements which may necessary. 3. Prepare an exhibit showing the recommended routing. 4. Submit five copies of a Draft Report and meet with City staff to discuss the report and obtain City input. 5. Submit twelve bound copies of the final report with revisions incorporated based on staff feedback. 6. Present the results of the study to the City Council and other interested parties, if desired. May 6, 1991 -A2- Exhibit B RJN ENVIRONMENTAL ASSOCIATES, INC. SCHEDULE OF HOURLY FEES AND CHARGES FOR PROFESSIONAL SERVICES I. Compensation for personnel used in the performance of engineering services on a straight time basis shall be in accordance with the following hourly fees: Classification Hourly Rate Principal Engineer $98. 00 Senior Engineer $74 .00 Project Engineer $60. 00 Field Supervisor $45.00 Draftsperson $45.00 Computer CADD Supervisor $50.00 Field Technician $34.00 Engineering Technician $34.00 Clerical $25.00 For services that are required to be provided on an overtime basis, compensation rates shall be the same except for qualified personnel where the overtime hourly rate shall be 1.33 times the straight time rate. Travel time will be charged in accordance with the foregoing schedule. II. Compensation for expense items and other charges incurred in connection with the performance of the work shall be in accordance with the following schedule: Travel and Lodging Expenses Net Cost Automobile/Field Vehicle $0.24/mile Company Field Vehicle $0. 40/mile Outside Equipment Rental, Net Cost plus 10% Laboratory Work, Soils Testing Analysis, Sub-Consultants, Testing Supplies, and Printing III. Use of the in-house computer shall be charged on the basis of connect time, CPU (Central Processing Unit) time, and disk storage. Valid until December 31, 1991. May 6, 1991 -B1- • in ,s+ °Fft,,y Agenda Item No. C. ( t'i ]) o , 0 9po to Fit: May 3, 1991 TO: Mayor and Members of the City Council FROM: Larry L. Rice, City Manager SUBJECT: Selection of Northeast Interceptor Consultant For more than a year Pasquinelli Builders has been work- ing with staff on the possible annexation of a major develop- ment along the east edge of the City. During that time the City has taken over the responsibility for the sewer intercep- tor system, and now that the formal filing is drawing near we have to determine the routing of their connection into the City's sewer system. This agenda item therefore proposes the retainage of the engineering firm of RJN Environmental Assoc. , Inc. of Wheaton to perform the initial locations for the lines and the estimated costs . We hope to have this work completed within the next week or so to enable the annexation process to begin. Depending upon the study, subsequent engineering and construction costs for extending the City's system would be the responsibility of the developer. Due to the immediacy of the process, the selection process for this engineering work was simplified. At the Council 's next meeting on May 22nd, the interview results and recommendations for the three major engineering projects on the west side of the City will be submitted to City Council . FINANCIAL IMPACT The cost of the Northeast Interceptor Location Study is provided for in the Sewer Capital budget using Build Illinois funds. Mayor and Members of the City Council May 3, 1991 Page 2 4!) RECOMMENDATION The Council is asked to authorize retaining the engineer- ing firm of RJN Environmental Assoc . , Inc . to perform the necessary engineering services for extending the Northeast Interceptor in the estimated amount of (not available until Monday) . / / / : 41., Larry L. Rice City Manager LLR:amp 4)