04-328 Resolution No. 04-328
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
BLACK&VEATCH CORPORATION FOR THE WATER DEPARTMENT
EMERGENCY POWER BACKUP PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
David M.Dorgan,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 department emergency power backup project,a copy of which is attached hereto and made
a part hereof by reference.
s/Ed Schock
Ed S chock, Mayor
Presented: December 15, 2004
Adopted: December 15, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this day of 0 Vic, /LS' ,2004,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 the equipment procurement, design, and bidding services for Water Department
Backup Power project (hereinafter referred to as the"PROJECT").
WHEREAS,the ENGINEER represents that it is in compliance with all Illinois statutes relating to
professional registration 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 ENGINEER that the CITY
does hereby retain the ENGINEER for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is hereby acknowledged to act for and represent it in all
engineering matters involved in the PROJECT as described in this agreement, subject to the
following terms, conditions and stipulations, to-wit:
I. SCOPE OF SERVICES
A. ENGINEER shall perform the Services described in Attachment A, Scope of Services,
which is attached hereto and incorporated by reference as part of this Agreement. 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 by way of
amendment to this agreement.
B. The CITY shall furnish, as required by the work and not at the cost of the ENGINEER,
data and services described in Attachment B, CITY's Responsibility, which is attached
hereto and incorporated by reference as part of this Agreement. ENGINEER shall have
no liability for defects in the Services attributed 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.
C. The scheduling and performance of the work shall conform to the Project Milestones
listed below:
1. Submit Backup Power Procurement Documents within 85 days after receipt of
CITY's Notice to Proceed and Final Construction Contract Documents within 345
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days, including 90 day allowance for IEPA review of contract documents, after receipt
of CITY's Notice to Proceed.
2. Complete all work, including bidding services relative to the Construction Contract
Documents, within 30 days after the CITY's award of the construction contract for the
PROJECT.
II. WORK PRODUCT
All work product prepared by the ENGINEER pursuant hereto including,but not limited to
reports, designs, calculations, work drawings, studies, photographs, models and
recommendations shall become the property of the CITY when ENGINEER has been
compensated for services rendered and shall be delivered to the CITY upon its request,
provided, however, that the ENGINEER may retain copies of such work products for its
records and shall have the unrestricted right to their use. Such work product is 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.
Notwithstanding the above, ENGINEER shall retain its heretofore existing rights in its
standard drawing details,designs,specifications,databases,computer software and any other
proprietary property. Rights to intellectual property developed, utilized,or modified in the
performance of the services shall remain the property of the ENGINEER.
III. PAYMENTS TO THE CONSULTANT
A. The CITY shall pay the ENGINEER for its services under this agreement a lump sum of Two
Hundred Six Thousand Four Hundred Dollars ($206,400), regardless of the actual time
expended or actual costs incurred by the ENGINEER unless substantial modifications to the
PROJECT are authorized in writing by the CITY by way of amendment to this agreement.
B. The CITY shall make periodic payments to the ENGINEER based upon actual progress
reported within 30 days after receipt and approval of invoice.
IV. INVOICES
The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports
shall be included with all payment requests.
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
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prior to termination, except that such payment shall not exceed the total amount set forth
under Section III Subparagraph A above.
VI. TERM
This Agreement shall become effective as of the date the ENGINEER is given a written
Notice to Proceed and, unless terminated pursuant to Article V, shall be terminated on the
date the CITY provides ENGINEER with written notice that all of ENGINEER's work
pursuant to this Agreement is successfully completed, and that such work is accepted. 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 fifteen(15)
days after occurrence of such action. No claim for additional compensation shall be valid
unless such notice is so provided. 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 CITY relative to a claim submitted by the ENGINEER,all
work required under this Agreement as determined by the CITY shall proceed without
interruption.
VIII. BREACH OF CONTRACT
All of the terms and provisions of this agreement are material. If either party violates or
breaches any term of this Agreement,such violation or breach shall be deemed to constitute a
default, and the non-breaching party shall have the right to 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
non-breaching party to comply with the conditions of the Agreement,the non-breaching party
may terminate this Agreement.
IX. INDEMNIFICATION
To the fullest extent 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 negligent actions 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. The provisions of this paragraph shall
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survive the completion of all of the work under this agreement and any expiration and/or
termination of this agreement.
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
1. 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$1,000,000 aggregate for bodily injury and$1,000,000 aggregate for property
damage.
The CONSULTANT shall deliver to the CITY a Certificate of Insurance naming the CITY as
additional insured. Such policy shall not be modified or terminated without thirty(30)days
prior written notice to the CITY.
Such Certificate of Insurance shall include coverage for Contractual obligations assumed by
the ENGINEER under Article IX, entitled "Indemnification".
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 prorate,it shall be endorsed to be primary with respect to
the CITY.
2. Commercial Automobile Liability. ENGINEER shall maintain Commercial Automobile
Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of
$500,000 per occurrence for damage to property.
3. Combined Single Limit Policy. ENGINEER's requirements for insurance coverage for
general liability and auto exposures may be met with a combined single limit of$1,000,000
per occurrence subject to a$1,000,000 aggregate.
4. Professional Liability. The ENGINEER shall carry Engineer's Professional Liability
Insurance Covering claims resulting from error,omissions or negligent acts with a combined
single limit of$1,000,000 per occurrence. A Certificate of Insurance shall be submitted to
the CITY as evidence of insurance protection. The policy shall not be modified or
terminated without thirty (30) days prior written notice to the CITY.
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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 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 the 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 this
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-partnership, joint venture or
employment 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 terms of this agreement shall be severable. The parties intend and agree that, if any
paragraph, sub-paragraph,phrase,clause or other provision of this Agreement,or any portion
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thereof,shall be held to be void or otherwise unenforceable for any reason,all other portions
of this Agreement shall remain in full force and effect.
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 constitute the sole and 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.
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 the enforcement of any rights and the
resolution of any and 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 written approval from the
CITY,nor may the ENGINEER make public any reports or documents developed under this
Agreement without prior written approval from the CITY 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. 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.
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XXIII. SEXUAL HARASSMENT
As a condition of this contract,the ENGINEER shall have a written sexual harassment policy
that includes, 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 such policy must be provided to the Department of Human Rights upon request.
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 Illinois Department of Revenue unless there is a pending proceeding
contesting the tax.
XXV. WRITTEN COMMUNICATIONS
All recommendations and other communications by ENGINEER to the CITY and other
participants which may affect cost or time of completion shall be made or confirmed in
writing. The CITY 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
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.
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 CITY:
ATTEST: CITY OF ELGIN
By g G?'�✓ ��G � y�
City Clerk City Manager
For the ENGINEER: ,
Dated this CD ` day ofc)Qci)` , A.D. 2004
WITNESSED: BLACK & TCH CO ORATION
SP
By By Ab
(P nt na e) _ David B. Hunt
Q
grnc
�" �"1 Sr. Vice President
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ATTACHMENT A
TO
AGREEMENT FOR ENGINEERING SERVICES
CITY: City of Elgin, Illinois
Engineer: Black & Veatch Corporation
Project: Water Department Backup Power
SCOPE OF SERVICES
The project consist of Design and Bidding Phase Services for pre-procurement of
generator equipment and the design and preparation of contract documents for the
installation of two 1250 kW/ 12470V engine generators at the Riverside WTP, one 450
kW/480V engine generator at the Slade Ave Pump Station, two 400 kW/480V portable
engine generators for the Slade Ave Wellfield, and Uninterruptible Power Supply (UPS)
and portable generator provisions for the Shales Parkway, Alft Lane, Randall Road, and
Airlite elevated water storage tanks as generally described in the CITY's Emergency
Power Supply Study for water facilities.
BASIC SERVICES
The Basic Services for the PROJECT is as follows:
General
Task 301. Project Administration. Provide project administration and management
during the equipment procurement, design and bidding phases of the PROJECT.
Develop project schedule and update schedule as required. Review ongoing activities,
monitor schedule and budget, and communicate with CITY staff by preparing and
submitting monthly status reports.
Task 302. Project Initiation Meeting. Conduct an initial meeting with CITY staff to
establish lines of communication, confirm the scope of work, obtain available
information, discuss project schedule, workflow, decision processes, and budget, and
review draft design memorandum for the project.
Detailed Design
Engineering services will be provided for the detailed design and preparation of separate
bid package documents for pre-procurement of the engine generators by the CITY and
the construction drawings and specification for the installation of the pre-procured
equipment. Specific services to be performed are as follows:
Task 303. Prepare Basis of Design Memorandum. Prepare a draft of the Basis of
Design Memorandum to establish agreement and understanding on scope and design
parameters for the detailed design phase. The format of the memorandum will be
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general, identifying only the basic elements of the PROJECT. Submit five (5) copies of
the draft memorandum to CITY for review. Meet with CITY staff during the initial
project meeting to review and discuss the CITY's review comments. Revise the
memorandum and submit five (5) copies of the final Basis of Design Memorandum to the
CITY and three (3) copies to IEPA for review.
Task 304. Prepare Equipment Procurement Documents. Prepare bidding document
for the pre-procurement of the engine generator equipment from pre-qualified
manufacturers or suppliers as determined from discussions with CITY staff ENGINEER
shall identify potential pre-qualified manufacturers or supplier based on past experience,
knowledge of the manufacturer or supplier, and the specific type of engine generators to
be specified. CITY shall provide the ENGINEER the CITY's standard front end
documents for procurement projects for inclusion in the bidding documents. Five (5)
copies of the 90-Percent complete procurement documents will be submitted to the CITY
for review. Following the incorporation of any review comments received from the
CITY,provide up to twenty (20) copies of the final bidding documents to CITY for their
records and distribution to pre-qualified bidders.
Task 305. Provide Equipment Procurement Bidding Assistance. Following the
CITY's advertisement of the procurement project and distribution of bidding documents,
ENGINEER shall assist the CITY in interpreting procurement documents during the
bidding period, and issue one addenda to the procurement documents, if required.
ENGINEER shall review bid tabulation submitted by CITY staff, review bids for
conformity to technical requirements, and make written recommendations to CITY
concerning technical aspects of the procurement contract award. Review the
questionnaire to determine the acceptability of materials and equipment submitted by the
apparent successful bidder when such review is required by the bidding documents
subsequent to bid opening and prior to award of contract.
Prepare and distribute six (6) conforming copies of the procurement contract documents.
These services will include receipt of the Contractor's bonds, furnishing the Contractor
unsigned construction contact documents, and transmitting the construction contract
document to CITY for review, signature and distribution.
Task 306. Review Equipment Contractor's Submittals. Review drawings and other
data submitted by the Equipment Contractor as required by the procurement documents.
Engineer's review shall be for general conformity to the procurement documents and
shall not relieve the Equipment Contractor of any of his contractual responsibilities.
Task 307. Prepare 30-Percent Level Documents. Prepare drawings and preliminary
partial set of specifications through 30-Percent Design Level for the proposed
construction work and installation of pre-procured equipment including civil and
structural plans, sections, schematics and details, and electrical plans, sections,
schematics, schedules, and details. CITY shall provide the ENGINEER the CITY's
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standard front end documents for construction projects for inclusion in the bidding
documents.
Task 308. Submit 30-Percent Level Documents. Submit five (5) sets of the 30-Percent
Design Level documents to CITY for review. Meet with CITY staff to discuss review
comments on 30-Percent Design Level submittal.
Task 309. Prepare 90-Percent Level Documents. Incorporate review comments from
the CITY into the contract documents and prepare drawings and specifications through
90-Percent Design Level for the proposed construction work and installation of pre-
procured equipment including; civil and structural plans, sections, schematics and details,
and electrical plans, sections, schematics, schedules, and details.
Task 310. Prepare 90-Percent Level Cost Opinion. Prepare and provide opinion of
probable construction cost and summary of cost trends completed through 90-Percent
Design Level and submit to CITY for review.
Task 311. Submit 90-Percent Level Documents. Submit five (5) sets of the 90-Percent
Design Level documents to CITY for review. Meet with CITY staff to discuss review
comments on 90-Percent Design Level submittal. Incorporate review comments from the
CITY and submit three (3) sets of the 90-Percent Design Level documents to IEPA for
approval. .
Task 312. Complete Detailed Design Documents. Incorporate final comments
received from CITY and IEPA, and submit five (5) copies of the final drawings and
specifications to CITY. Resubmit final drawings and specifications to IEPA as required.
Submittal will identify any major modifications from the initial submittal. Provide up to
twenty(20) sets of construction contract documents to the CITY for their use in
advertising the construction contract and distribution to prospective bidders
Bidding Phase
The Engineer shall provide Bidding Phase Services for construction phase of the project.
Specific services to be performed are as follows:
Task 313. Conduct Pre-Bid Conference. Conduct, at a date and time selected and a
place provided by CITY, a pre-bid conference to:
a. Instruct prospective bidders and suppliers as to the types of information
required by the contract documents and the format in which bids should be
presented.
b. Review special project requirements and contract documents in general.
c. Receive requests for interpretations of contract documents, and respond by
addendum when appropriate.
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Task 314. Interpret Construction Contract Documents. Interpret construction
contract documents during the bidding period, and issue one addenda to the construction
contract documents, if required.
Task 315. Review Bids. Review bid tabulation submitted by CITY staff, review bids
for conformity with technical requirements, and make written recommendations to CITY
concerning technical aspects of the contract award. Review the questionnaire to
determine the acceptability of materials and equipment submitted by the apparent
successful bidder when such review is required by the bidding documents subsequent to
bid opening and prior to award of contract. Review and evaluate the qualifications of the
apparent successful bidder and the proposed major or specialty subcontractors. The
review and evaluation will include such factors as work completed, equipment that is
available for the work, financial resources,technical experience, and responses from
references.
Task 316. Prepare Conformed Documents. Prepare and distribute six (6) conforming
copies of the construction contract documents. These services will include receipt of the
Contractor's bonds, furnishing the Contractor unsigned construction contact documents,
and transmitting the conformed construction contract documents to the CITY for review,
signature, and distribution.
SUPPLEMENTAL SERVICES
Any work requested by CITY that is not included in one of the items listed in the Basic
Services 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
indicated in the Basic Services.
2. Appearances at public hearings or before special boards, except as specifically
indicated in the Basic Services.
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, other than those
indicated in the scope above,that are requested or authorized by CITY.
5. Preparation for litigation, arbitration,or other legal or administrative proceedings;
and appearances in court or at arbitration sessions in connection with bid protests.
Assistance with bid protests or rebidding.
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6. Additions to an engineering report to update or revise original recommendations
after acceptance by CITY.
7. Support services in connection with public information/relations activity as
requested by the CITY.
8. Changes in the general scope, extent,or character of the project or design,including,
but not limited to,changes in size or complexity, CITY's schedule,character of
construction,method of financing, revision of previously accepted studies,reports,
design documents,or construction contract documents when such revisions are
required by changes in laws, rules,regulations,ordinances,codes,or orders enacted
subsequent to the preparation of such studies,reports, documents,or designs; or are
required by any other causes beyond Engineer's control.
9. Services for making revisions to drawings and specifications made necessary by
the acceptance of substitutions proposed by the Equipment and/or Construction
Contractors; and services after the award of the contracts for evaluation and
determining the acceptability of substitutions proposed by the Contractors.
10. Review of drawings and other data submitted by Equipment Contractor beyond
one resubmission because of failure of Equipment Contractor to account for
exceptions previously noted.
11. Construction phase services and/or resident project representative (RPR) services
associated with the construction phase of the PROJECT.
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•
ATTACHMENT B
TO
AGREEMENT FOR ENGINEERING SERVICES
Owner: City of Elgin, Illinois
Engineer: Black & Veatch Corporation
Project: Water Department Backup Power
CITY'S RESPONSIBILITES
The CITY will furnish, as required by the work and not at the cost of the ENGINEER,
the following:
1. All maps, drawings,reports,records, 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. If available,provide electronic copies of site and other CITY
drawings that could be used in development of project contract drawings.
2. Property, boundary, easements, right-of-way, and utility surveys, and property
descriptions when such information is required.
3. All exploratory work, such as pot holing for pipe or electrical duct bank locations and
elevations, core borings, penetration tests, and other geotechnical subsurface
explorations; and laboratory tests and analyses when such services and information is
required.
4. Access to public and private property when required in performance of ENGINEER's
services.
5. The services of one employee who has the right of entry to, and has knowledge of, the
existing water facilities.
6. Space for public hearings, prebid conferences, preconstruction conferences and audio,
video equipment required for such hearings and/or conferences.
7. Legal advertisement of project lettings or bids and prebid conference dates and such
other publications of Invitation to Bids as desired by the CITY and distribution of
biding document to prospective bidders.
8. Releases to the news media concerning any aspects of the project.
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4:OF EEC
Agenda Item No.
- City of Elgin
6
,11 E P �
.4rrD EEC i
November 24, 2004
I 101
N 0 TO: Mayor and Members of the City Council
FINANCIALLY STABLE CITY GOVERNMENT
EFFICIENT SERVICES,
AND QUAUTV INFRASTRJCTURE
FROM: David M. Dorgan, City Manager
Larry E. Deibert, Water Director
SUBJECT: Engineering Services for Water Department Emergency Power Backup
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to award a contract for the Design, Equipment Procurement, and Bidding Services
for the Water Department Emergency Power Backup equipment.
RECOMMENDATION
It is recommended that the City Council approve the award of an engineering agreement with
r Black & Veatch Corporation for the engineering Design, Equipment Procurement, and Bidding
Services for Water Department Emergency Power Backup equipment in the amount of$206,400.
BACKGROUND
The 2002 Emergency Power Source study provided two alternatives for supplying electricity to
meet the 2020 emergency water requirements. Alternative one provides for emergency
generation facilities so that the Riverside Water Treatment Plant (WTP) provides the total
emergency water demand of 20.3 million gallons per day (mgd) for year 2020. Alternative two
provides for emergency generation facilities so that the Riverside WTP provides 16 mgd and
Airlite provides 7 mgd of the total emergency water demand of 20.3 mgd for year 2020.
The selected alternative number two will include two generators at Riverside, two generators at
Airlite, one generator for Slade Avenue pump station, one generator for Slade Avenue wells, and
one generator for the Airlite well 5A, and provide uninterruptible power supply (UPS) and
battery back up for 24 hours for four elevated water tanks.
Phase one for this project includes design, equipment procurement and preparation of bid
documents for the construction phase services for Riverside, Slade Avenue, and elevated water
tanks.
The Water Department requested proposals from nine (9) different engineering firms. The
ro. request for proposals included hydroelectric feasibility study, power cogeneration and
Engineering Agreement for Water Backup Power
November 24, 2004
Page 2
engineering services for the design, equipment procurement for power backup for Riverside
Water Treatment Plant, Slade Avenue, and elevated water tanks. On September 24,2004 two (2)
proposals were received. The selection team consisted of five staff members who individually
evaluated both proposals and unanimously ranked Black & Veatch the highest, best qualified
firm. Attached is a qualification ratings sheet.
Black & Veatch (B&V) has a good understanding of the City of Elgin water system, and an
excellent team in all aspects of the project. B&V project team consists of members who are
experts in the area of standby power planning and design, and who are co-authors of AWWA,
book"Emergency Power Source Planning For Water and Wastewater".
Upon selection of B&V, fees from both firms were opened and reviewed. B&V's fee was
higher. The final scope of services was negotiated with B&V in which the hours of work for
several items were revised or eliminated. Deleted items include hydroelectric power generation
feasibility study, co-generation study, and at this time, construction phase services. The all
inclusive original fee proposal was $397,800. The negotiated scope of work which will include
design,equipment procurement, and bidding services is$206,400.
The reduction in scope and hours assigned to certain tasks brings the B&V proposal more in line
with that proposed by Stanley Consultants.
GROUPS/INTERESTED PERSONS CONTACTED
None
pik,FINANCIAL IMPACT
The total not to exceed cost for this contract with Black & Veatch is $206,400. The 2004 budget
for this project totals $1,068,000 as follows: $92,000 in account number 380-4000-795.92-46;
$91,000 in account number 381-4000-795.92-46; $235,000 in account number 384-4000-795.92-
46; $400,000 in account 401-4002-771.30-03; and $250,000 in account 401-4002-771.92-46,
project number 409018. No monies have been spent to date, therefore there are sufficient funds
available to enter into this contract.
LEGAL IMPACT,
None.
Engineering Agreement for Water Backup Power
November 24, 2004
Page 3
ALTERNATIVES
1. Award the contract as recommended to Black &Veatch.
2. Do not award the contract and reject all proposals.
Respectfully submitted for Council consideration.
PLB/LED:mg
Attachment
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