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97-135 Resolution No. 97-135 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CONSOER TOWNSEND ENVIRODYNE ENGINEERS, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert O. Malm, Interim 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 Consoer Townsend Envirodyne Engineers, Inc. for engineering services at the temporary sludge lagoon storage cell at the South McLean Boulevard facility, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: May 28, 1997 Adopted: May 28, 1997 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk G`S.(OF ESC'{. Agenda enda Item No. City of Elgin g May 8, 1997 TO: Mayor and Members of the City Council FROM: Robert 0. Malm, Interim City Manager SUBJECT: Engineering Services to Increase Capacity of Auxiliary Lagoon at South McLean Boulevard Facility PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider authorizing an engineering services agreement for raising the berm around the temporary sludge lagoon storage cell at the South McLean Boulevard facility. BACKGROUND 1001,„ Last year the City adopted an ordinance providing for separa- tion between new construction activities and its municipal wells as required by State regulations . As part of review of the ordinance, it became apparent that the current lagoons at the Airlite Street Water Treatment Plant would need to be reconstructed to conform to new IEPA standards. Setback zone requirements prohibit surface holding areas, such as the Airlite lagoons within 200 feet of a water supply well . An exception to these requirements was secured by the City of Elgin as the result of petitioning the Illinois Pollution Control Board to allow reconstruction of the lagoons in the same location. The permission comes conditioned upon the proper liners, leachate collection systems, and groundwater monitoring wells being installed. In preparation for the reconstruction of these two cells at Airlite ( for which bids will be opened on May 12, 1997 ) , the material stored in them has to be relocated. Based on the land application/landfill bids received earlier this year, the cost for landfilling this material through a private contrac- tor was estimated at $495,000 based on the bid price of $66 .25 a ton. To reduce this cost, City crews were used to relocate the material stored in the north cell at Airlite to a tempo- rary cell at the South McLean lagoon site. low South McLean Boulevard Lagoon Facility May 8, 1997 Page 2 To enable the City to continue the removal of the remaining material from the south cell at the McLean facility, the berm will need to be raised around the temporary cell . The pro- posed engineering services agreement is for $11,300 (Exhibit B) . It is estimated that transferring the remaining material from the south Airlite cell, which must be done by a private firm due to its high water content, and enlarging capacity of the temporary lagoon, will cost approximately $150,000. This is nearly $100,000 less than the cost of the City hiring a private contractor to landfill the remaining material at Airlite. A savings of approximately $250,000 has already been realized by using City crews to relocate material from the north cell to the McLean facility. On April 23, 1997 , the City sent requests for proposals to seven local engineering firms . Three proposals were received on May 6 , 1997 (see attached Schedule A for City staff analy- sis and pricing) . A staff selection committee evaluated the three proposals, which resulted in Consoer Townsend Envirodyne Engineers, Inc. , (CTE) and Burns & McDonnell being tied for first. Upon opening the itemized payment schedule, it was determined that CTE also offered the lowest cost proposal at $11, 300 while eft. Burns & McDonnell offered to perform the work for $17,704. Therefore, based upon the selection committee' s evaluation and analysis of the fee, CTE Engineers was selected as the most qualified candidate. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT The $11,300 for engineering services can be funded from account number 401-4002-771 . 30-03, Architectural/Engineering Services . The estimated costs associated with the construc- tion of the temporary lagoon can be funded from the unexpended balance of the 1996 lime sludge removal contract ($142,000) and 1997 budgeted dollars ($8,000) from account number 401-4002-771.45-99 , Miscellaneous Services . A budget adjust- ment will need to be made to reflect the use of 1996 funds in 1997 . , LEGAL IMPACT • None. ALTERNATIVES Landfill with a private hauling firm, which would be more expensive. South McLean Boulevard Lagoon Facility May 8, 1997 Page 3 RECOMMENDATION It is recommended that the City Council approve the attached engineering agreement with CTE Engineers, Chicago, at a fee not to exceed $11,300 and authorize the Interim City Manager and City Clerk to execute the necessary documents . Respectfully su itted, tt/....--r 02_ Larry E. Deibert D' or of Water Department Rob t O. Malm Interim City Manager ROM:LED:PLB: jm Attachments rft- f � AGREEMENT THIS AGREEMENT, made and entered into this 300—day of 1997, by and between the CITY OF ELGIN, an Illinois municipal corporation(here after referred to as"CITY") and Consoer Townsend Envirodyne Engineers, Inc. (Hereinafter referred to as"ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with South McLean Temporary Lagoon Berm Raising(hereinafter referred to as the"PROJECT"). AND WHEREAS,the ENGINEER represents that he is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER to act for and represent it in all engineering matters involved in the PROJECT, subject to the following terms and conditions and stipulations, to-wit: I. SCOPE OF SERVICE The Engineer shall provide the following: 1. Field survey and investigations for preparing drawing and specifications, provide assistance and guidance in obtaining soil borings and other exploratory work. 2. Construction drawings and specifications: 2.1 Prepare detailed drawings and specifications for the proposed construction work to increase the temporay lagoon capacity an additional 6500 cubic yards and to maintain containment space of two feet below the top of the berm elevation after additional material has been added. 2.2 Prepare an opinion of probable construction cost for the proposed work covered by the drawings and specifications. 2.3 Submit drawings and specifications to the City for review and approval. Meet with representatives of the City during the review process to explain drawings, specifications, and procedures, and advise the City concerning the proposed revisions. 1 2.4 Submit drawings and specifications to Illinois Envioronmental Protection Agency, the Illinois State Division of Waterways and to any other governmental agency that has a regulatory interest in the project, and other services to secure permit approval. 2.5 Prepare bid forms and notices for bidders. 3. Construction Phase Services 3.1 Issue drawings and specifications to prospective bidders. 3.2 Assist the City in evaluating bids and make recommendations concerning the award of contracts. 3.3 Assist the City in preparation of conforming copies of contracts. 3.4 Review shop drawings and data submitted by construction contractors for general conformity to contract drawings and specifications. 3.5 Make periodic visits to the site of the work during construction and consult with the City concerning progress. 3.6 Review all routine and final payment estimates and make recommendations to the City regarding payments to the contractor, and report regularly to the City on the progress and quality of work. 3.7 Provide field tests to ensure compliance with specifications. 3.8 Revise construction drawings to conform to construction records. Submit one copy of each Mylar reproducible and one set of blue-line prints of the revised record(as-built) drawings to the City. 4. Project Milestones. 4.1 The scheduling and performance of the work shall conform to the project Milestones and Contract Times listed below. Final plans and specifications completion : June 05, 1997 IEPA permit submittal: June 05, 1997 II. WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including, but not limited 2 to reports, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR provided, however, that the ENGINEER may retain copies of such work products for its records. Such work products are not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. III. PAYMENTS TO THE ENGINEER A. The CITY shall reimburse the ENGINEER for all services under this Agreement a total lump sum of$11,300.00, regardles of actual costs incurred by the ENGINEER unless SUBSTANTIAL modifications to the project are authorized in writing by the DIRECTOR. B. The CITY shall make periodic payments to the ENGINEER based upon actual progress of work provided within 30 days after receipt and approval of invoice. IV. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. 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 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. V. TERMINATION OF AGREEMENT. Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen(15) days prior written notice to the ENGINEER. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the total amounts set forth under paragraph III or IV above, whichever is less VI. TERM This Agreement shall become effective as of the date the ENGINEER is given a written Notice to Proceed and,unless terminated for cause or pursuant to Article VI foregoing. 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 breach thereof by the 3 ENGINEER. VII. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY, the ENGINEER shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be made valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extend 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. VIII. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to 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 other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. IX. INDEMNIFICATION The ENGINEER shall indemnify and save harmless the CITY, its officers and employees from and against any and all loss, liability and damages of whatever nature, including Workmen's Compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith,including negligent or omissions of employees or agents of the ENGINEER arising out of the performance of professional services. X. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. XI. IN URANCE 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. 4 The ENGINEER shall deliver to the DIRECTOR a Certificate 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 IX entitled"Indemnification" shall be provided. B. Comprehensive Automobile Liability, Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single limit Policy. The requirements for insurance coverage for general liability and auto exposures may be met with combined single limit of $1,000,000 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability. The ENGINEER shall carry Engineer's professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limits of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. XII. 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. XIII. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement,there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not 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 grounds of sex, 5 • 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. XIV 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. XV. DELEGATION AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with respect to each and every item condition and other provision hereof to the same extent that the ENGINEER would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. XVI. NO CO-PARTNERSHIP OR AGENCY It is understood and agreed that nothing herein contained is intended or shall be construed to,in any respect, create or establish the relationship of co-partners between the CITY and the ENGINEER, or as constituting the ENGINEER as a general representative or general agent of the CITY for any purpose whatsoever. XVII. SEVERABILITY The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. XVIII. 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. 6 XIX. MODIFIcATIO 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. XX. 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. XXI. NEWS RELEASE 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. XXII. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. XXIII. INTERFERENCE WITH PUBLIC CONTRACTING: P.A 85-1295 The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of violations of either Section 33E-3 or Section 33E-4 of the Illinois Criminal Code. XXIV SEXUAL HARRASSMENT As a condition of this contract,the ENGINEER shall have a 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 7 Illinois Human Rights Commission; F. Directions on how to contact the department and commission; G. Protection against retaliation as provided to the Department of Human Rights upon request. P.A.87-1257. XXV The ENGINEER shall comply with the requirements of the Prevailing Wage Act(820 ILCS 130/0.01 et seq.) XXVI.WRITTEN COMM MCATIONS All recommendations and other communications by ENGINEER to the DIRECTOR and other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. XXVII NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to CITY: LARRY E. DEIBERT Director of Water Department City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: MICHAEL H. WINEGARD, P.E. Vice President Consoer Townsend Envirodyne Engineers, Inc. 303 East Wacker Drive, Suite 600 Chicago, Illinois 60601-5212 8 IN WITNESS WHEREOF,the undersigned have placed their hands and seal upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN By Byj �w-,-- City Clerk Acting City Manager (SEAL) For the ENGINEER: Dated this 20 day of 72 , A.D.'1997 ATTEST: By E / 2/l By - s r C ` r C • President (SEAL) 9