Loading...
00-41 Resolution No. 00-41 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BLACK & VEATCH CORPORATION FOR THE WATER MASTER PLAN UPDATE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5 . 02 . 020B (6) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interests of the city; and BE IT FURTHER RESOLVED that Joyce A. Parker, 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 Black & Veatch Corporation for the Water Master Plan Update, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: February 23 , 2000 Adopted: February 23 , 2000 Omnibus Vote : Yeas 6 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this a 7Dtday of -7 -cy 2000, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Black & Veatch Corporation, a Delaware Corporation (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with a Water Master Plan Update for the West Booster District. Hydraulic analyses of the developing West Booster District of the water distribution system will be conducted in order to update the long-range improvement program for serving current and future customers in the western area of the distribution service area, including the Bowes Creek Development. The study includes updates of population and water demand projections, hydraulic analyses, and development of an updated phased improvement program relative to changes in the West Booster District (hereinafter referred to as the `PROJECT"). AND WHEREAS, the ENGINEER represents that it 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 SERVICES The ENGINEER shall provide the following. Study Phase Services: 1. Conduct a project initiation meeting to clarify CITY's requirements for the project; review available data and project organization and staffing; and present initial work plan and schedule. Prepare and distribute minutes of project initiation meeting. 2. Participate in up to two additional information meetings with CITY's staff to review progress and exchange information. 3. Review available planning-level information furnished by the CITY relative to the West Booster District. Confirm the study area and study design period established by CITY staff. 1 City of Elgin.Agree rdr#l1/as12/10/99 4. Review population projections provided by CITY staff for growth in the western area of the distribution system during recent years. Determine whether population growth in the study area is consistent with the population projections presented in the 1992 Comprehensive Master Plan Update. If necessary, make appropriate adjustments to projected population allocations to reflect recent growth trends in the western area of the distribution system. 5. Review metered sales data from recent years to determine if water use by group classification (residential, commercial, wholesale) for the western area of the distribution system has changed. Using estimated population figures and residential water use data, determine average daily per capita water use for the West Booster District. Based on this evaluation, determine whether the water use characteristics and growth in the water demands in the western area of the distribution system are consistent with previously developed water use projections. If necessary, make appropriate adjustments to the water use parameters. 6. Based on the population projections and water use characteristics, establish revised projections of water demands for the West Booster District. Make sure that the updated water demand projections for the western area of the distribution system are consistent with the future development patterns identified by CITY staff. Make appropriate revisions to the future water demand allocations used in the distribution hydraulic model. 7. Update the hydraulic model of the distribution system to include any significant water mains constructed by the CITY during the past few years. Update the water demand allocations in the hydraulic model to reflect revisions made to the water demand projections for the western area of the distribution system. 8. Conduct computer hydraulic analyses of the West Booster District to evaluate distribution system performance under maximum day and maximum hour demand conditions. Evaluate alternative improvement configurations to determine the improvements which will most effectively meet projected demands in the western area of the distribution system. 9. Based on the results of the hydraulic analyses, determine the pumping, storage, and distribution improvements required to meet projected water demands in the western area of the distribution system. Establish an improvement program based on phased construction with a priority schedule for planning purposes. 10. Prepare opinions of probable construction costs for major system improvements in the western area in order to provide the CITY with budget costs for planning purposes. 2 City of Elgin.Agree rdr#11/as12/10/99 11. Prepare a draft report discussing the results of the study and the recommended system improvements. The report will be based upon the systematic execution of all preceding tasks and will consist of a narrative discussion along with appropriate tables and exhibits. Submit 5 copies of the draft report to the CITY staff for review. Based on review comments from the CITY staff, revise the draft report as necessary and deliver 25 copies of the final report to the CITY. 12. Update the Recommended Water Distribution System Improvements exhibit (Figure V-4) that was originally produced as part of the 1992 Comprehensive Water Master Plan. The updated exhibit will depict the current distribution grid and proposed distribution system facilities required to meet future water system demands. The proposed facilities will be based on recommendations developed during studies conducted for the 1992 Comprehensive Water Master Plan and this update. Deliver 50 copies of the revised exhibit to the CITY. Supplemental Services: Any work requested by the CITY that is not included in one of the items listed in any other phase will be classified as Supplemental Services. Supplemental Services shall include but are not limited to: 1. Meetings with local, State, or Federal agencies to discuss the project beyond those included in the scope above. 2. Appearances at public hearings or before special boards. 3. Supplemental engineering work required to meet the requirements of regulatory or funding agencies that become effective subsequent to the date of this Agreement. 4. Special consultants or independent professional associates requested or authorized by the CITY. 5. Visits to the CITY's location in addition to the number of such trips set out in Study Phase Services. 6. Hydraulic evaluations beyond the West Booster District of the CITY's distribution system. 7. Changes in the general scope, extent, or character of the project including, but not limited to, changes in size, complexity, the CITY's schedule; and revising previously accepted studies or reports when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders 3 City of Elgin.Agree rdr#11/as12/10/99 enacted subsequent to the preparation of such studies, reports or documents or are due to any other causes beyond the ENGINEER's control. No Supplemental Services shall be performed by the ENGINEER nor shall the CITY be responsible for the payment of any such Supplemental Services unless and until such Supplemental Services are authorized in advance in writing by the CITY. City's Responsibilities: The CITY will furnish, as required by the work and not at the expense of the ENGINEER, the following: 1. All maps, drawings, reports, audits, annual reports, and other data that are available in the files of the CITY and which may be useful in the work involved under this contract. 2. Access to public property and will assist in obtaining access to private property when required in performance of the ENGINEER's services. 3. Provide recent population projections and water use data as required to evaluate the West Booster District. 4. Identify the distribution mains and facilities that have been put in service since the 1992 Comprehensive Water Master Plan and schedule for any identified future improvements. ENGINEER shall have no liability for defects in the Services attributable to ENGINEER's reliance upon or use of information, data, design criteria, drawings, specifications, or other information furnished by CITY or third parties retained by CITY. Project Milestones: The scheduling and performance of the work shall conform to the Project Milestones listed below: Submit Draft Report for Review 60 Calendar Days From Notice to Proceed Submit Final Report 15 Calendar Days Following Receipt of CITY's Final Review Comments II. WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including, but not limited to reports, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY when 4 City of Elgin.Agree rdr#11/as12/10/99 ENGINEER has been compensated for services rendered 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. Except as otherwise provided herein, engineering documents, drawings, and specifications prepared by ENGINEER as a part of the Services shall become the property of the CITY, provided, however, that ENGINEER shall have the unrestricted right to their use. ENGINEER shall retain its rights in its standard drawing details, designs, specifications, databases, computer software and any other proprietary property. Rights to intellectual property development, utilized, or modified in the performance of the services shall remain the property of the ENGINEER. III. PAYMENTS TO THE ENGINEER A. The CITY shall compensate the ENGINEER for all Study Phase Services under this Agreement on the basis of 2.85 times the direct salary cost of personnel employed for the work, plus direct expenses at cost, plus subcontract billing times 1.05. The maximum amount to be invoiced for Study Phase Services under this Agreement shall not exceed Twenty-Five Thousand Dollars ($25,000) without further authorization in writing by DIRECTOR. The CITY will not be obligated to compensate the ENGINEER for costs incurred in providing Study Phase Services in excess of the billing limit specified above, nor shall the ENGINEER be obligated to continue performance under the Agreement or otherwise incur costs in excess of that amount, unless and until the CITY notifies the ENGINEER in writing that the billing limit has been increased, and has specified in such notice the revised billing limit for the services in question. When and to the extent that the billing limit has been increased, any costs incurred by ENGINEER in excess of the billing limit prior to their increase shall be allowable to the same extent as if such costs has been incurred after the increase in the billing limit was approved. The CITY shall compensate the ENGINEER for Supplemental Services under this Agreement on the basis of 2.85 times the direct salary cost of personnel employed for the work, plus direct expenses at cost, plus subcontract billings times 1.05. Each item of Supplemental Services shall be specifically authorized by the CITY, and a maximum billing limit shall be established before the work is started. The amount billed for each item of Supplemental Services shall not exceed the amount established for it without further authorization. Additional amounts of Supplemental Services may be authorized, if necessary, as the work progresses. 5 City of Elgin.Agree rdr#11/as12/l0/99 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. In the event the CITY questions some element of an invoice, that fact shall be made known in writing to the ENGINEER immediately and shall pay to ENGINEER the undisputed portion of the invoice according to the provisions hereof. If CITY fails to pay any invoiced amounts when due, interest will accrue on eac unpaid amount at the rate of one and one-half percent (1.5 %) per month, or the maximum amount allowed by law if less, from the date due until paid according to the provisions on this Agreement. Interest shall not be charged on any disputed invice item which is finally resolved in CITY's favor. ENGINEER will transmit a revised invoice as necessary. The CITY may amend a payment request submitted by the ENGINEER, and authorize those components of the payment request approved by the CITY. B. The ENGINEER shall maintain records showing actual time devoted and direct 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 amount set forth under paragraph III 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 V 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 ENGINEER. 6 City of Elgin.Agree rdr#11/as12/10/99 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 occurrences 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 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 the 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, including Workmen's Compensation claims, resulting from death or bodily injury to any person or damage or destruction to third-party property to the extent such clams, losses, damages, are caused by ENGINEER's negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are caused by the joint or concurrent negligence of ENGINEER and CITY, they shall be borne by each party in proportion to its own negligence. 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. INSURANCE A. Commercial General Liability. The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of commercial general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. 7 City of Elgin.Agree rdr#11/as12/10/99 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 within thirty (30) day 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. Commerical Automobile Liability. Commercial Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with minimum limits of$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 minimum combined single limit of$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. E. Additional Insurance. All Project contractors shall be required to include CITY and ENGINEER as additional insured on their General Liability insurance policies, and shall be required to indemnify CITY and ENGINEER to the same extent. 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 be limited to, the following employment advertising, layoff or termination, rates of 8 City of Elgin.Agree rdr#11/as12/10/99 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, 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 mater 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. 9 City of Eigin.Agree rdr#11/as12/10/99 XIX. 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. 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 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. 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 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 internal complaint process including penalties; E. The legal recourse, investigative and complaint process available through the Illinois Human Rights Commission; F. Directions on how to contact the department and commission; 10 City of Elgin.Agree rdr#11/as12/10/99 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 COMMUNICATIONS 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 Main, 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: DAVID B. HUNT Black & Veatch Corporation 101 N. Wacker Drive Suite 1100 Chicago, Illinois 60606 XXVIII. WARRANTY ENGINEER warrants that it shall perform the Services in accordance with the standards of care and diligence normally practiced by recognized consulting firms in performing services of a similar nature. NO OTHER WARRANTY, EXPRESS OR IMPLIED, IS INCLUDED IN THIS AGREEMENT OR IN ANY DRAWING, SPECIFICATION, REPORT, OR OPINION PRODUCED PURSUANT TO THIS AGREEMENT. 11 City of Eigin.Agree rdr#11/as12/10/99 XXIX. OPINIONS AND SCHEDULES Since ENGINEER has no control over the cost of labor, materials, or equipment furnished by others, or over the resources provided by others to meet Project schedules, ENGINEER's opinion of probable costs and of Project schedules shall be made on the basis of experience and qualifications as a professional engineer. ENGINEER does not guarantee that proposals, bids, or actual Project costs will not vary from ENGINEER's cost estimates or that actual schedules will not vary from ENGINEER's projected schedules. XXX. NO PUNITIVE DAMAGES To the fullest extent permitted by law, neither party shall be liable to the other for any punitive or exemplary damages resulting from the performance or non- performance of the Agreement notwithstanding the fault, tort (including negligence), strict liability or other basis of legal liability of the party so released or whose liability is so limited and shall extend to the officers, directors, employees, licensors, agents, subcontractors, vendors and related entities of such party. 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 GIN f� Dolonna Mecum Joyce A. Parker City Clerk City Manager For the ENGINEER: Dated this Si day of J(;11,10 c2 , AD., 2000 ATTEST: BLAC & E• r,H CORPORATION By By � A — avid B. Hunt Vice President 12 City of Elgin.Agree rdr#11/as12/10/99 \.�♦ OF ElCi ` § City of Elgin Agenda Item No. (Pk 414D10' December 8, 1999 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Engineering Agreement for Water Master Plan Update PURPOSE The purpose of this memorandum is to seek authorization from the Mayor and members of the City Council to enter into a contract agreement with the engineering firm of Black & Veatch for the Water Master Plan Update . BACKGROUND In 1992 , Black & Veatch consultant engineers developed a Water Master Plan based on projected community growth which outlined eft- specific improvements to the water distribution system and the expansion of the Riverside Water Treatment Plant . However, certain areas south and west of Elgin now considered in the City' s Far West Planning Area were not within the geographic boundaries of the 1992 Master Plan. This proposed agreement is for engineering services to update the Water Master Plan for the west booster district . Other areas within the distribution system remain unchanged from the 1992 planning effort and do not require an update . Hydraulic analysis of the developing west booster district of the water distribution system will be conducted in order to update the long-range improvement program for serving current and future customers . The study includes an update of population and water demand projections, hydraulic analysis, and development of an updated phased improvement program relative to changes in the west booster district . The cost of the proposed master plan update is $25, 000 . A copy of the proposed agreement for engineering services is attached. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . ew Engineering Agreement for Water Master Plan Update December 8, 1999 Page 2 01' FINANCIAL IMPACT The project will be funded with existing budgeted funds within the Water Department budget . Account number 401-4002-771 . 30-03 , project number 409542 will be charged. LEGAL IMPACT The Black & Veatch agreement requires an exception to the Procurement Ordinance pursuant to the Elgin Municipal Code Section 5 . 02 . 020B (6) . If the exception procedure is utilized, a two-thirds vote of the City Council (five votes) is required, with a finding by the City Council that an exception to the requirements of the Procurement Ordinance is necessary and in the best interest of the City. The final form of the agreement must be reviewed and approved by the Legal Department . ALTERNATIVES em. None . RECOMMENDATION It is recommended that the members of the City Council authorize the execution of the agreement for engineering services with Black & Veatch for an amount not to exceed $25, 000 . 00 . Res ectfully submitted, / alQui-- Joyce A. Parker City Manager LED: PLB:mg B&VEngAgmtMstPln.wpd rib.