01-18 Resolution No. 01-18
RESOLUTION
AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES AGREEMENT
WITH BLACK & VEATCH CORPORATION FOR THE
SOUTH MCLEAN LIME RESIDUE FACILITY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum,
City Clerk, be and are hereby authorized and directed to execute
an engineering services agreement on behalf of the City of Elgin
with Black & Veatch Corporation for pH adjustment to discharge
from the South McLean Lime Residue Facility, a copy of which is
attached hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: February 14 , 2001
Adopted: February 14, 2001
Omnibus Vote: Yeas : 7 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
r i
AGREEMENT
THIS AGREEMENT, made and entered into this (...v44 day of
, 2001, by and between the CITY OF ELGIN, an Illinois
municip 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 the McLean Decant
Pond Outlet Improvements for the City of Elgin's Water Department
(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 SERVICES
The Scope of Basic Services for this agreement is as described
below:
Introduction to the Project
Based on the Engineer's knowledge and current understanding of the
pH problem at the South McLean Lime Residue Facilities, several
potential solutions have been identified for investigation in Phase
I. The potential solutions for Phase I are indicated below. Phases
II and III may be authorized as Supplemental Services after the
Phase I report is presented and a solution is approved.
Background
Lime sludge from the Owner 's water treatment plant is pumped about
5 miles to the McLean Lagoons, where it discharges to one or more of
the sludge lagoons. The lagoons operate in parallel, with the decant
water from the lagoons discharging into a small detention pond. The
lime sludge lagoon influent has a high pH because of the lime
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softening process employed at the treatment plant. Discharge to each
individual lagoon can be selected and controlled, effectively
rotating the discharge between the various lagoons. The detention
pond discharges through an outlet structure with a v-notch weir, and
then runs over a short grassy channel before entering the stream.
The stream flows briefly across Elgin property before monitoring for
compliance with Illinois Pollution Control Board (PCB) requirements
begin. The PCB requires that the pH of the discharge be no greater
than 9. 0 where it enters public waters.
The Owner seeks an engineered solution so the discharge stream will
consistently meet State requirements as it enters waters of the
State. Presently, there are periods during the year, primarily the
winter months, when the pH of the stream is apparently higher than
9.
Phase I Tasks
The Engineer will characterize both the pond discharge and the
stream and evaluate various alternatives to lower the pH in the pond
effluent. A task by task approach is as follows:
Task 1 - Water Quality Characterization
The water quality of both the pond effluent and the receiving stream
will be determined. Recent data will be reviewed, if available.
Additional data will be obtained by the Owner, according to a
protocol provided by the Engineer. Blending of the two waters
occurs, so expected water quality parameters needed for this
investigation for each of the waters are pH, alkalinity, calcium
hardness, total hardness, temperature, and conductivity. Records of
both stream flow and pond discharge will be provided by the Owner,
although it is understood that flow records may not be available and
flow measurements may be difficult to obtain.
Task 2 - Field Testing
Water quality testing and bench-scale experiments will be necessary
to obtain additional data to evaluate the potential alternatives.
A monitoring protocol to gather the water quality data for the
parameters listed above will be developed by the Engineer. The
actual sampling and water quality testing be performed by the Owner.
Some bench-scale tests are also envisioned. These tests will gather
initial data on aeration and the potential for carbon dioxide
adsorption into the lime sludge decant water. A protocol for this
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testing will be developed by the Engineer with the testing carried
out by the Owner. These bench-scale tests can be performed by the
Engineer, if desired, as a supplemental service.
Task 3 - Evaluate Alternatives
Several alternatives to lower the pH of the lagoon discharge will be
evaluated during this study. These alternatives include:
1 . Optimizing solids handling. The present method of
storing and discharging lime sludge will be documented.
It may be possible to revise current techniques to avoid
discharging lagoon decant during unfavorable seasons .
Sludge volumes and lagoon volumes will be determined to
see if the possibility exists for "fill and draw"
methodology, which will eliminate the high pH discharge.
This methodology is often used for waste discharges that
utilize lagoons or stabilization ponds . Volume
availability is related to lime cake removal and
disposal, and may vary from year to year. The Owner will
evaluate this alternative and provide information to the
Engineer as to its practicality.
2 . Surface aeration. Surface aeration will be explored as
a means of introducing sufficient carbon dioxide into the
lime sludge to lower the pH to meet the discharge limits .
Experiences with aeration at other lime softening
facilities in the mid-west will be documented.
Additionally, some short duration bench-scale tests will
be conducted to assist in determining if aeration is a
viable option. The Engineer understands that there is an
interest in determining if cascade aeration may be an
effective method of introducing sufficient carbon
dioxide. The Owner will evaluate this approach by
constructing a bench-scale model and perform testing, and
will provide the data to the Engineer for review.
3 . Addition of carbon dioxide. When added to water, carbon
dioxide forms carbonic acid, which results in lowering
the final pH. The use of CO2 is used in many lime
softening facilities to adjust the pH so it may be
applicable here. A computer model which characterizes
final blended water quality of two different waters will
be used to determine the amount of carbon dioxide needed.
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4. Addition of liquid chemicals . The pH of the pond
discharge can also be lowered by the addition of an
acidic solution such as muriatic acid, hydrochloric acid,
or sulfuric acid. A small structure to house the
chemical and the feed pump could be located near the pond
discharge . Mixing could be provided by the v-notch weir .
Tests will be performed by the Owner, based on protocols
provided by the Engineer, to determine dosage rates
required. The Owner will perform calculations for
determination of the dosages required for various
chemicals .
Task 4 - Present Preliminary Findings to Owner
A brief technical memorandum will be submitted to the Owner which
describes each available alternative in detail and includes
preliminary, budget level costs. After the Owner has reviewed the
memorandum, a workshop will be conducted to discuss the available
alternatives. Consensus on the most suitable alternative to use
will be the outcome from the workshop.
Task 5 - Preliminary Design
Preliminary design of the alternative selected at the workshop will
be completed by the Engineer. The design will be sufficient to
develop an opinion of probable cost and be suitable for
presentation to the PCB. The approach will be to present a
methodology to reduce the pH that does not include construction of
a chemical feed storage and feed facility.
Task 6 - Meeting with Illinois Pollution Control Board
The Engineer will accompany the Owner to the scheduled March 13th,
2001 hearing with PCB. Engineer will present the selected
alternative and support the selection to the PCB. The approach will
be to present a methodology to reduce the pH that does not include
construction of a chemical feed storage and feed facility.
Phase I Tentative Schedule
Activity Date (s)
Selection of Firm January 10, 2001
Committee Approval January 24
Execution of Agreement February 14
Notice to Proceed February 15
Water Quality Characterization Feb. 1 - 7
Field Testing Feb. 1 - 7
Evaluate Alternatives Feb. 7 - 14
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Technical Memorandum to City Feb. 19
Workshop with City Feb. 21
Preliminary Design Feb. 21 - 26
Preliminary Design to City Feb. 26
Meet with PCB March 13
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 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. Not To Exceed Method
A. 1 The CITY shall pay the ENGINEER for services under this
Agreement at 2. 85 times the direct hourly rate of personnel
employed on this PROJECT, plus direct expenses at cost, plus
1 . 05 times the invoice cost for outside services provided by
other firms or sub-consultants, with the total not to exceed
$22, 000 (Twenty Two Thousand Dollars) regardless of the actual
costs incurred by the ENGINEER unless modifications to the
scope of the work are authorized in writing by the DIRECTOR.
A. 2 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 for each task shall not be
made until the task is completed and accepted by the DIRECTOR.
IV. INVOICES
A. The ENGINEER shall submit invoices in a format approved by
the CITY. Progress reports shall be included with all payment
requests.
B. The ENGINEER shall maintain records showing actual time
devoted and cost incurred. The ENGINEER shall permit the
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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 three
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 Notice to Proceed and, unless terminated
for cause pursuant to Article V, 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.
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 its 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 in writing and 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
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seek such administrative, contractual or legal remedies as may
be suitable to the violation or breach. If either party, by
reason of any default, fails within fifteen (15) days after
written notice thereof by other party to comply with the
conditions of the Agreement, the other party may terminate
this Agreement.
IX. INDEMNIFICATION
To the fullest extend 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,
attorney's 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 covered by the foregoing duty to
indemnify, defend and hold harmless such action shall be
defended by legal counsel of the CITY's choosing.
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 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. 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
prorata, it shall be endorsed to be primary with respect to
the CITY.
The ENGINEER shall deliver to the DIRECTOR a Certificate of
Insurance naming the CITY as additional insured. The policy
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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.
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 modifications of
this insurance to make it excess over other available
insurance, alternatively, if the insurance states that it is
excess or prorata, 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 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 / $3, 000, 000 aggregate. 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. 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 pay or other forms of compensation and selection for
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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.
XIII 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.
XIV. 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. Any
proposed subcontractor shall require the CITY's advanced
written approval.
XV. 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.
XVI. 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.
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XVII. 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.
XVIII. 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. Venue for all disputes shall be in the Circuit
Court of Kane County, Illinois.
XIX. 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 all disputes shall be in the Circuit
Court of Kane County, Illinois.
XX. NEWS RELEASES
The ENGINEER may not issue any news releases without prior
approval from the DIRECTOR, nor will the ENGINEER make public
any reports or documents developed under this Agreement
without prior written approval from the DIRECTOR prior to said
documentation becoming matters of public record.
XXI. COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants in the
CITY's employ or any work associated with the PROJECT.
XXII. NTERFERENCE 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.
XXIII. SEXUAL HARASSMENT
As a condition of this contract, the ENGINEER shall have a
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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 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 Human Rights Act.
A Copy of the Policies must be provided to the Department of Human
Rights upon request. P.A. 87-1257.
XXIV. PREVAILING WAGE/PAYMENT OF TAXES.
The ENGINEER shall comply with the requirements of the
Prevailing Wage Act (820 ILCS 130/0. 01 et seq. ) The ENGINEER
certifies it is not delinquent in the payment of any tax
administered by the Ill. DOR unless there is a pending
proceeding contesting the tax.
XXV. 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.
XXVI 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 the Water Department
City of Elgin
150 Dexter Court, Elgin, Illinois 60120-5555
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B. As to ENGINEER
David B. Hunt. P.E, Vice President
Black & Veatch Corporation
101 N. Wacker Drive, Suite 1100
Chicago, Illinois 60606
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 IN-44....„4
City Clerk City Manager
(SEAL)
For the ENGINEER:
Dated this p2,7 pL day of i4 Ll a r y , A.D. 2001
WITNESSED: BLACK & — CH CORPORATION
B � �' ���
Y By
4%LrifC/Cti
Vice President
Page -12-
City of Elgin Agenda Item No
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January 18, 2001 fni 5p fl
G lid 4 11100A
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TO: Mayor and Member of the City Council N no; `- IRiyj
rt
FINANCIALLY STABLE CITYGOVERNMENT
EFFICIENT SERVICES
FROM: Joyce A. Parker, City Manager AND QUALITY INFRASTRUCTURE
RE
SUBJECT: RFP #00-142 Engineering Services for pH Adjustment to
Discharge From South McLean Lime Residue Facility
PURPOSE
The purpose of this memorandum is to provide the Mayor and members
of the City Council with information to award a contract for
engineering services to adjust the discharge pH at the South McLean
Lime Residue Facility.
BACKGROUND
r'I' The Water Department has solicited proposals for the evaluation and
preliminary design of modifications to the South McLean Lime
Residue Facility discharge stream in preparation for an appearance
before the Illinois Pollution Control Board (PCB) on March 2, 2001 .
The appearance before the PCB is to request modifications to the
effluent discharge and water quality standards . The proposal to
the PCB will provide for engineering solutions to modify the pH of
the discharge water. The engineering solutions will be necessary
if the PCB does not rule favorably on our request to modify the pH
standards .
Requests for Proposals were sent to four qualified engineering
firms . One firm did not offer a proposal based on existing
workloads . The three remaining firms were evaluated on their
approach to the project, ability to perform the work within
specific time frames, experience on similar projects, experience
and educational qualifications of the engineer' s key staff assigned
to this project, and their familiarity with the overall scope of
the project . Of the three firms submitting proposals, Black &
Veatch, Metcalf & Eddy, and Alvord, Burdick & Howson, Black &
Veatch was ranked number one by the selection team. After
discussions to redefine the scope of the work requested, Black &
Veatch has reduced their initial price quote to $22, 000 .
r
Jr
RFP #00-142
January 12, 2001
Page 2
The project engineer from Black & Veatch is exceptionally well
qualified for this project as they had prepared a previous
evaluation of the recommended improvements to the discharge waters
of the lagoon facility at the request of Attorney Roy Harsch, who
is representing the City on this case before the Pollution Control
Board. Additionally, a significant member of the Black & Veatch
team working on this project is Dr. Lee Harms, who also provided
expert testimony for the City in their issue before the Illinois
Environmental Protection Agency (IEPA) concerning modifications to
plant discharges for lead and copper rule compliance.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None .
yi4_,FINANCIAL IMPACT
This project (#409557) has been budgeted out of the Water portion
of the upcoming 2001 Bond Sale. The total proposed Bond Sale
(Water portion) will be for $2, 015, 000 . Account number 381-4000-
"` 795 . 92-36 will be charged for the $400, 000 budgeted for this
E project .
LEGAL IMPACT
i
The agreement will need to be reviewed by the Legal Department .
ALTERNATIVES
None.
RECOMMENDATION
It is recommended that the City Council approve the award of a
contract for engineering services to Black & Veatch consulting firm
for adjustment of the discharge flow pH at the South McLean Lime
Residue Facility.
Res ectfully submitted,
J cfItrkert
City Manager
rft.
LED:mg
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(elk
Engineering Services for pH Adjustment
Rating Sheet
B & V M & E ABH
Paul 1 2 3
Kurt 1 3 2
Peter 2 3 1
1/08/01