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07-137 Resolution No. 07-137 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (530 N. Grove Avenue) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin, City Manager, and Jennifer Quinton, Acting City Clerk, be and are hereby authorized and directed to execute a Real Estate Sales Contract on behalf of the City of Elgin with Juan and Minerva Linares,for the purchase of property commonly known as 530 N.Grove Avenue, Elgin, for$160,000, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: June 13, 2007 Adopted: June 13, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Jennifer Quinton Jennifer Quinton, Acting City Clerk - AGREEMENT FOR ENGINEERING SERVICES FOR DESIGN AND CONSTRUCTION FOR AIRLITE WATER TREATMENT PLANT IMPROVEMENTS THIS AGREEMENT, made and entered into this i.e‘ day of aura. , 2007, 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 engineering services in connection with design and construction of the Airlite Water Treatment Plant Improvements(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, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, it is hereby agreed between the parties hereto that the City hereby retains the engineer to act for and represent City in the engineering matters involved in the PROJECT as described herein subject to the following terms 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. B. CITY's responsibilities for the PROJECT are described in Attachment B. 11. 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 and shall have the unrestricted right to their use. III. PAYMENTS TO THE ENGINEER A. The CITY shall pay the ENGINEER for its services under this Agreement a total lump sum fee of Seven Hundred Six Thousand and Eight Hundred Dollars ($706,800.00) regardless of the actual costs incurred by the ENGINEER unless modifications to the scope of the work are authorized in writing by the CITY. B. 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 CITY. City of Elgin,Illinois Engineering Agreement for 1 Airlite WTP Improvements C. The Work shall be completed per the schedule described in Attachment C. 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 an 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 such records available at reasonable times during the Agreement period, and for three years 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. Unless terminated for cause or pursuant to Article V herein, this Agreement shall terminate on the date CITY determines in writing that all of ENGINEER'S work pursuant to this Agreement is finally 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 this 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 extend permitted by law, ENGINEER agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions City of Elgin,Illinois Engineering Agreement for 2 Airlite WTP Improvements from and against any and all claims, suits, judgments, costs, attorney's fees, damages or other relief, including but not limited to worker's 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. The provisions of this paragraph shall survive any completion, 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. Xl. 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. The ENGINEER shall deliver to the CITY a Certificate of Insurance including 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, but shall not be limited to, coverage for all contractual obligations assumed by the ENGINEER, including but not limited to, those obligations assumed pursuant to Article IX herein, entitled "Indemnification". This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY for claims arising from the negligence of the ENGINEER. 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. ENGINEER shall maintain 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. 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. 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 limit of not less than $1,000,000 per occurrence/$3,000,000 aggregate. 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 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, City of Elgin,Illinois Engineering Agreement for 3 Airlite WTP Improvements 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. 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,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 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 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 City of Elgin,Illinois Engineering Agreement for 4 Airlite WTP Improvements 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. 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 and federal 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. 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 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. City of Elgin,Illinois Engineering Agreement for 5 Airlite WTP Improvements 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: Kyla Jacobsen Water System Superintendent City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER Tom Ratzki, P.E. Vice President Black &Veatch Corporation 101 N. Wacker Drive, Suite 1100 Chicago, Illinois 60606 XXVII STANDARD OF CARE FOR PROFESSIONAL SERVICES In performing the services described in this Agreement, Engineer will exercise the degree of care and skill ordinarily exercised by reputable companies performing the same or similar services in the same geographic area. City of Elgin,Illinois Engineering Agreement for 6 Airlite WTP Improvements 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 B �i � ��� v By y City Clerk C Minag- For the ENGINEER: Dated this 25 tl day of /vv4-`f , A.D. 2007 WITNESSED: By 5IAfls-ROty V00PmPci., By TM (Z,6'lt K. Vlc E PRES tOt-W (Print name) - 'nt Name) II A •-A - //.Allif°111 - • Officer Title v t c e f LEs t ac-N7 (SEAL) • City of Elgin,Illinois Engineering Agreement for 7 Airlite WTP Improvements ATTACHMENT A TO AGREEMENT FOR ENGINEERING SERVICES City: City of Elgin, Illinois Engineer: Black & Veatch Corporation Project: Airlite WTP Improvements SCOPE OF SERVICES The Project consists of Preliminary Design, Detailed Design and Bidding Phase Services for improvements at the Airlite Water Treatment Plant. The improvements include the following: 1. Demolition of the existing aeration basin, odor control building, rapid mix basin, two softening basins, recarbonation basin, valve vault A and B, and associated site piping. A plan to maintain operation of the Airlite booster pumps throughout construction shall be prepared and incorporated into the design documents. 2. Demolition of one existing booster pump and associated piping and electrical equipment. 3. Addition of a new H2S removal system, odor control system, and influent flow metering. 4. Addition of two new 55 ft diameter upflow solids contact clarifiers, a new recarbonation basin, and associated site piping within the plant boundary, and miscellaneous valve vault(s). After construction is complete, the design shall provide for site landscaping to be restored to a similar condition as before the construction began. Additional landscaping beyond seeding and sodding is included as a supplemental service. 5. Addition of new backup power generator(s), bulk diesel storage and associated generator switchgear including assisting City with procurement of the generator(s) and switchgear. 6. Addition of a new 5 mgd booster pump and associated piping modifications necessary to allow replacement of the other two existing pumps with larger 5 mgd pumps in the future. No major building modifications are anticipated for this task other than the required increase in power feed to the new pumps from new MCCs. 7. Demolition of existing electrical equipment and addition of new electrical equipment necessary for the new 5 mgd booster pump in the existing electrical room. Evaluation of plant's existing electrical system to determine if upgrades are necessary to accommodate larger plant loads due to increase in plant's treatment capacity and interconnect with new backup power generators. 8. The design of the Airlite WTP Improvements shall enable the City to meet all existing regulations. Discussions shall be held with the City to plan, and if possible, implement during this Project any anticipated future regulations. 9. No modifications to the plant's chemical feed systems are included in the Project except for chlorine feed system improvements as necessitated by increased chlorine use as a result of certain treatment techniques. If chlorine evaporators City of Elgin,Illinois A-1 Airlite WTP Improvements 5/18/07 and/or additional feed capacity are required, this will be part of the Engineers services included with this project. This Project shall be bid as a single construction contract to one General Contractor requiring one set of construction contract documents, not including the generator procurement documents. BASIC SERVICES The Basic Services for the Project is as follows: General Task 101. Conduct Project Administration. Engineer shall provide the management functions required to successfully complete the work, including all Project correspondence with the City; consultation with the City's staff; supervision and coordination of services; implementation of a Project specific work plan, procedures, and a quality control/quality assurance plan; scheduling and assignment of personnel resources; administration and coordination of subconsultants; continuous monitoring of work progress,budget, and schedule; and invoicing for the work performed. 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 102. Project Initiation Meeting. Conduct an initial meeting with City staff to clarify the City's intended scope of work, schedule, budget requirements, and other special requirements for the Project; to establish lines of communication; to review pertinent available data and the proposed treatment plant improvements; and to present Engineer's initial work plan and work schedule to confirm they meet the City's expectations. Prior to the Project Initiation Meeting, Engineer shall perform a preliminary evaluation of pretreatment options, including conceptual layout, capital costs, O&M costs, and present worth costs for each pretreatment option in addition to non-economic factors related to each option. The results of the evaluation shall be distributed to the City at least ten (10) days prior to the Project Initiation Meeting to allow adequate review time for City staff. At the Project Initiation Meeting discuss findings and results of the pretreatment evaluation, and if possible, City shall select desired pretreatment process and layout to be further developed during Preliminary Design. Engineer shall prepare minutes of the Project Initiation Meeting and distribute the minutes as directed by City. Engineer will conduct two on-site progress meetings with City staff, one prior to the submittal of 50% level design documents, and one prior to submittal of 90% level design documents, to review the progress of the work and coordinate work activities with City Staff. City of Elgin,Illinois A-2 Airlite WTP Improvements 5/18/07 Preliminary Design Engineering services shall be provided for the preliminary design of the Airlite WTP Improvements including preparation of procurement bid package for the engine generator(s) and associated switchgear by the City. Specific services to be performed are as follows: Task 201. Obtain Site Survey. Conduct a field survey to define topographic and landscaping features of the existing facility. The survey shall establish horizontal and vertical control points and collect data for the Project. Information obtained from the survey shall be used to prepare base drawings for use in the preliminary and detailed design phases of the Project. Task 202. Conduct Geotechnical Investigation Assistance. A geotechnical investigation of the site, provided by City, shall be conducted. Engineer shall provide the City with an appropriate site plan with proposed soil boring locations such that City is able to direct the geotechnical contractor as necessary. Engineer shall review the initial and final geotechnical reports and submit comments to the geotechnical contractor as needed. Task 203. Conduct Field Investigations. Engineer shall conduct field investigations to identify the modifications needed to existing water treatment plant to implement improvements; including piping modifications and electrical system modifications to accommodate new larger booster pumps, the increase in treatment plant capacity and interconnect with new backup power generation equipment. Engineer shall also confirm the City's preferences for specific manufacturers of electrical equipment, instrumentation devices, controls, analytical equipment, and other equipment components to be provided under this Project. Task 204. Preliminary Design Concepts. If unable to reach consensus on the preferred pretreatment option and facility layout during the Project Initiation Meeting, prepare additional information on pretreatment and layout options and submit six (6) copies to the City for review. If necessary, Engineer shall meet with City staff to present the conceptual design concepts and discuss their review comments. City shall provide Engineer with final selection of pretreatment process. Task 205. Prepare Basis of Design Memorandum. Upon City's selection of pretreatment process and layout, Engineer shall prepare a draft Basis of Design Memorandum to establish agreement and understanding on scope and design parameters for the detailed design phase of the Project. The Basis of Design Memorandum shall include a general description of the Project, pertinent design criteria for each engineering discipline, piping and instrumentation drawings (P&IDs), preliminary site layout drawings, and major preliminary plans and sections. Task 206. Submit Draft Basis of Design Memorandum. Engineer shall perform an internal quality control review of the Basis of Design Memorandum for accuracy and City of Elgin,Illinois A-3 Airlite WTP Improvements 5/18/07 ATTACHMENT A TO AGREEMENT FOR ENGINEERING SERVICES City: City of Elgin, Illinois Engineer: Black &Veatch Corporation Project: Airlite WTP Improvements SCOPE OF SERVICES The Project consists of Preliminary Design, Detailed Design and Bidding Phase Services for improvements at the Airlite Water Treatment Plant. The improvements include the following: 1. Demolition of the existing aeration basin, odor control building, rapid mix basin, two softening basins, recarbonation basin, valve vault A and B, and associated site piping. A plan to maintain operation of the Airlite booster pumps throughout construction shall be prepared and incorporated into the design documents. 2. Demolition of one existing booster pump and associated piping and electrical equipment. 3. Addition of a new H2S removal system, odor control system, and influent flow metering. 4. Addition of two new 55 ft diameter upflow solids contact clarifiers, a new recarbonation basin, and associated site piping within the plant boundary, and miscellaneous valve vault(s). After construction is complete, the design shall provide for site landscaping to be restored to a similar condition as before the construction began. Additional landscaping beyond seeding and sodding is included as a supplemental service. 5. Addition of new backup power generator(s), bulk diesel storage and associated generator switchgear including assisting City with procurement of the generator(s) and switchgear. 6. Addition of a new 5 mgd booster pump and associated piping modifications necessary to allow replacement of the other two existing pumps with larger 5 mgd pumps in the future. No major building modifications are anticipated for this task other than the required increase in power feed to the new pumps from new MCCs. 7. Demolition of existing electrical equipment and addition of new electrical equipment necessary for the new 5 mgd booster pump in the existing electrical room. Evaluation of plant's existing electrical system to determine if upgrades are necessary to accommodate larger plant loads due to increase in plant's treatment capacity and interconnect with new backup power generators. 8. The design of the Airlite WTP Improvements shall enable the City to meet all existing regulations. Discussions shall be held with the City to plan, and if possible, implement during this Project any anticipated future regulations. 9. No modifications to the plant's chemical feed systems are included in the Project except for chlorine feed system improvements as necessitated by increased chlorine use as a result of certain treatment techniques. If chlorine evaporators City of Elgin,Illinois A-1 Airlite WTP Improvements 5/1 8/07 and/or additional feed capacity are required, this will be part of the Engineers services included with this project. This Project shall be bid as a single construction contract to one General Contractor requiring one set of construction contract documents, not including the generator procurement documents. BASIC SERVICES The Basic Services for the Project is as follows: General Task 101. Conduct Project Administration. Engineer shall provide the management functions required to successfully complete the work, including all Project correspondence with the City; consultation with the City's staff; supervision and coordination of services; implementation of a Project specific work plan, procedures, and a quality control/quality assurance plan; scheduling and assignment of personnel resources; administration and coordination of subconsultants; continuous monitoring of work progress,budget, and schedule; and invoicing for the work performed. 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 102. Project Initiation Meeting. Conduct an initial meeting with City staff to clarify the City's intended scope of work, schedule, budget requirements, and other special requirements for the Project; to establish lines of communication; to review pertinent available data and the proposed treatment plant improvements; and to present Engineer's initial work plan and work schedule to confirm they meet the City's expectations. Prior to the Project Initiation Meeting, Engineer shall perform a preliminary evaluation of pretreatment options, including conceptual layout, capital costs, O&M costs, and present worth costs for each pretreatment option in addition to non-economic factors related to each option. The results of the evaluation shall be distributed to the City at least ten (10) days prior to the Project Initiation Meeting to allow adequate review time for City staff. At the Project Initiation Meeting discuss findings and results of the pretreatment evaluation, and if possible, City shall select desired pretreatment process and layout to be further developed during Preliminary Design. Engineer shall prepare minutes of the Project Initiation Meeting and distribute the minutes as directed by City. Engineer will conduct two on-site progress meetings with City staff, one prior to the submittal of 50% level design documents, and one prior to submittal of 90% level design documents, to review the progress of the work and coordinate work activities with City Staff. City of Elgin,Illinois A-2 Airlite WTP Improvements 5/18/07 Preliminary Design Engineering services shall be provided for the preliminary design of the Airlite WTP Improvements including preparation of procurement bid package for the engine generator(s) and associated switchgear by the City. Specific services to be performed are as follows: Task 201. Obtain Site Survey. Conduct a field survey to define topographic and landscaping features of the existing facility. The survey shall establish horizontal and vertical control points and collect data for the Project. Information obtained from the survey shall be used to prepare base drawings for use in the preliminary and detailed design phases of the Project. Task 202. Conduct Geotechnical Investigation Assistance. A geotechnical investigation of the site, provided by City, shall be conducted. Engineer shall provide the City with an appropriate site plan with proposed soil boring locations such that City is able to direct the geotechnical contractor as necessary. Engineer shall review the initial and final geotechnical reports and submit comments to the geotechnical contractor as needed. Task 203. Conduct Field Investigations. Engineer shall conduct field investigations to identify the modifications needed to existing water treatment plant to implement improvements; including piping modifications and electrical system modifications to accommodate new larger booster pumps, the increase in treatment plant capacity and interconnect with new backup power generation equipment. Engineer shall also confirm the City's preferences for specific manufacturers of electrical equipment, instrumentation devices, controls, analytical equipment, and other equipment components to be provided under this Project. Task 204. Preliminary Design Concepts. If unable to reach consensus on the preferred pretreatment option and facility layout during the Project Initiation Meeting, prepare additional information on pretreatment and layout options and submit six (6) copies to the City for review. If necessary, Engineer shall meet with City staff to present the conceptual design concepts and discuss their review comments. City shall provide Engineer with final selection of pretreatment process. Task 205. Prepare Basis of Design Memorandum. Upon City's selection of pretreatment process and layout, Engineer shall prepare a draft Basis of Design Memorandum to establish agreement and understanding on scope and design parameters for the detailed design phase of the Project. The Basis of Design Memorandum shall include a general description of the Project, pertinent design criteria for each engineering discipline, piping and instrumentation drawings (P&IDs), preliminary site layout drawings, and major preliminary plans and sections. Task 206. Submit Draft Basis of Design Memorandum. Engineer shall perform an internal quality control review of the Basis of Design Memorandum for accuracy and City of Elgin,Illinois A-3 Airlite WTP Improvements 5/18/07 completeness prior to submitting six (6) copies of the Basis of Design Memorandum to the City for review. Meet with City staff to review the Draft Design Memorandum and revise the memorandum as necessary to incorporate City comments. Submit six (6) copies of the final Basis of Design Memorandum to the City and three (3) copies to IEPA for review and acceptance. The final Basis of Design Memorandum accepted by the City shall serve as the basis of the detailed design for the Project. Detailed design of any major deviation in scope of the Project from the final Basis of Design Memorandum shall be considered as supplemental services. Task 207. Prepare Equipment Procurement Documents. Prepare contract documents for the procurement of the engine generator equipment and associated switchgear from pre-qualified manufacturers or suppliers as determined from discussions with City staff. Procurement front end documents previously developed jointly by City and Engineer on the Backup Power Project shall be used as a basis for discussion with the City. Engineer shall incorporate changes, as required, to the previously prepared procurement front end documents and incorporate them into the final procurement contract documents. Engineer shall use its own design procedures, drafting standards and criteria, and Typical Drawing Details in the development of the contract documents. Engineer shall format and assemble the technical specifications in accordance with the Master Format and Section Format recommended by the Construction Specifications Institute Manual of Practice. Engineer shall follow the Master Format level one titles and the level two titles based on Engineer's experience and standard technical specifications for work of this type. Engineer follow shall the Section Format defined as Part I GENERAL, Part 2 PRODUCTS and Part 3 EXECUTION. The details within each of the parts shall be based on Engineer's experience and standard technical specifications for work of this type. Engineer shall identify potential pre-qualified manufacturers or suppliers based on past experience, knowledge of the manufacturer or supplier, and the specific type of engine generators to be specified. Six (6) copies of the 90% complete procurement documents shall be submitted to the City for review. Following the incorporation of review comments received from the City, provide up to ten (10) copies of the final bidding documents to City for their records and distribution to pre-qualified bidders. Task 208. Provide Equipment Procurement Bidding Assistance. Following the City's advertisement of the generator procurement and distribution of bidding documents, Engineer shall assist the City in interpreting procurement documents during the bidding period, and issue addenda to the procurement documents as required. Engineer shall review bids for conformity to technical requirements, and make written recommendations to City concerning technical aspects of the procurement contract award. Review the completed 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) conformed copies of the procurement contract documents. These services shall include receipt of the Contractor's bonds and associated Power of City of Elgin,Illinois A-4 Airlite WTP Improvements 5/18/07 Attorney, and insurance certificates; furnishing the Contractor unsigned construction contact documents, and transmitting the construction contract document to City for review, signature and distribution. Detailed Design Task 301. Review Equipment Contractor's Submittals. Review shop drawings and data submitted by the Generator Supplier as required by the procurement documents. Engineer's review shall be for general conformity to the procurement documents and shall not relieve the Generator Supplier of any of his contractual responsibilities. Task 302. Prepare 50-Percent Level Documents. Prepare design drawings and technical specifications that represent a 50% completion level for the proposed construction work and installation of pre-procured generator and switchgear equipment. Front end documents provided by the City shall be used as a basis for discussions between City and Engineer to arrive at a mutually agreeable set of front end documents. Engineer shall use its own design procedures, drafting standards and criteria, and Typical Drawing Details in the development of the contract documents. Engineer shall format and assemble the technical specifications in accordance with the Master Format and Section Format recommended by the Construction Specifications Institute Manual of Practice. Engineer shall follow the Master Format level one titles and the level two titles based on Engineer's experience and standard technical specifications for work of this type. Engineer shall follow the Section Format defined as Part 1 GENERAL, Part 2 PRODUCTS and Part 3 EXECUTION. The details within each of the parts shall be based on Engineer's experience and standard technical specifications for work of this type. Task 303. Perform Quality Control of 50% Design Documents. Perform an internal, independent quality control review of the 50%design documents prior to submittal to the City. Revise documents based on quality control comments. Task 304. Submit 50-Percent Level Documents. Submit six (6) sets of the 50% complete design documents to the City for review. Meet with City staff to review the 50% design documents and discuss their review comments. Task 305. Prepare 90-Percent Level Documents. Incorporate review comments from the City into the contract documents and prepare drawings and specifications that represent 90% complete design documents for the proposed construction work and installation of pre-procured generator and switchgear equipment. Task 306. Perform Quality Control of 90% Design Documents. Perform an internal, independent quality control review of the 90%design documents prior to submittal to the City. Revise documents based on quality control comments. City of Elgin, Illinois A-5 Airlite WTP Improvements 5/18/07 Task 307. Submit 90% Complete Design Documents. Submit six (6) sets of the 90% complete design documents to the City for review. Meet with City staff to review the 90% design documents and discuss their review comments. Task 308. Submit Design Documents to IEPA. Incorporate review comments from the City and submit three (3) sets of the 90%design documents to IEPA for approval. Task 309. Prepare 90-Percent Level Cost Opinion. With City comments incorporated into the design, prepare and provide an opinion of probable construction cost through 90% complete design documents and submit to City in PDF format for review by July 2008. Task 310. Final Construction Contract Documents. After addressing the City's and IEPA's review comments on the 90 design documents, Engineer shall incorporate its responses into the drawings and specifications and prepare final construction contract documents. Six (6) copies of the final construction contract documents shall be submitted to City for review. After receipt of the City's review comments on the final documents, Engineer shall revise, if necessary, and provide up to twenty five (25) sets of construction contract documents to the City for their use in advertising the construction contract and distribution to prospective bidders. Engineer shall also resubmit final drawings and specifications to IEPA as required. Bidding Phase Engineer shall provide Bidding Phase Services for the Project. Specific services to be performed are as follows: Task 401. 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. d. Prepare minutes of Pre-Bid Conference and submit to City to distribute to plan holders. Task 402. Interpret Construction Contract Documents. Interpret construction contract documents during the bidding period, and issue addenda to the construction contract documents as required. Task 403. Assist City with Bid Review and Contract Award. Attend the bid opening and evaluate the bids and bidders to determine if the bids were submitted in accordance with the contract documents and if the bidders are qualified to perform the work. Review and evaluate the qualifications of the apparent successful bidder and the proposed major City of Elgin,Illinois A-6 Airlite WTP Improvements 5/18/07 or specialty subcontractors. The review and evaluation shall include such factors as work completed equipment that is available for the work, financial resources, technical experience, and responses from references. Following this review, prepare a written recommendation to the City for award of the construction contract. Task 404. Prepare Conformed Documents. Prepare and distribute six (6) conformed copies of the construction contract documents. These services shall 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 shall 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. Modifications to existing chemical feed storage and feed systems 6. 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. 7. Support services in connection with public information/relations activity as requested by the City. 8. Modifications to the design resulting from changes in the general scope, extent, or character of the project are generally described as follows: a. Changes in size or complexity. h. Owner's schedule, design, or character of construction. City of Elgin, Illinois A-7 Airlite WTP Improvements 5/18/07 c. Method of financing or funding availability. d. Changes proposed or requested after acceptance by City of the final Basis of Design Memorandum. e. 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. Involvement with and responding to a formal Value Engineering Services conducted by a third party. Revisions of design, drawings, and specifications arising from the formal third party Value Engineering review which cause changes in the general scope, extent or character of the Project, including but not limited to changes in size, complexity, City's schedule, character of construction, or method of financing. 10. Provision, through a subcontract, of laboratory and field testing, including geotechnical investigations required during design, and of any special reports or studies on materials and equipment requested by City. 11. Property or boundary surveys, and services, required to obtain easements or purchase of additional property. 12. The design of electrical system modifications beyond replacement or modification of existing MCCs and distribution of power from new or existing MCCs to the new booster pumps. 13. The performing of security assessments and planning. 14. Landscaping plans, planting plans, or landscape design beyond specification for seeding and sodding. 15. Design of water mains or other utilities beyond the property line of the plant. 16. Preparation of multiple construction bid packages. 17. Redesign and rebidding the Project in the event the City does not accept bids on the original advertisement of the construction contract. 18. Services for making revisions to drawings and specifications made necessary by the acceptance of substitutions proposed by the Generator and/or Construction Contractor(s); and services after the award of the contracts for evaluation and determining the acceptability of substitutions proposed by the Contractors. City of Elgin,Illinois A-8 Airlite WTP Improvements 5/18/07 Payment for such engineering services shall be the responsibility of the Contractor who is proposing the substitution. 19. Construction phase services and resident Project representative (RPR) services associated with the construction phase of the Project including attending the preconstruction conference. This supplemental service can be activated at the time of construction by City upon approval by City Council. Payment for this supplemental service shall be based on hourly billing rates plus direct expenses, to a maximum upper limit of$495,200 as approval by City Council. City of Elgin,Illinois A-9 Airlite WTP Improvements 5/18/07 • S ATTACHMENT B TO AGREEMENT FOR ENGINEERING SERVICES Owner: City of Elgin, Illinois Engineer: Black& Veatch Corporation Project: Airlite Water Treatment Plant Improvements 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. Existing property,boundary, easements, right-of-way, and utility surveys, and property descriptions when such information is required. 3. Geotechnical investigation of the Airlite WTP site through a consultant, based on guidance from Engineer on number and location of soil borings. 4. 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. 5. Access to public and private property when required in performance of Engineer's services. 6. The services of one employee who has the right of entry to, and has knowledge of, the existing water facilities. 7. Space for public hearings,prebid conferences, preconstruction conferences and audio, video equipment required for such hearings and/or conferences. 8. 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. 9. Releases to the news media concerning any aspects of the project. In performance of the services, it is understood that Engineer will be supplied with certain information and/or data by City and that Engineer will rely on such information. It is agreed that the accuracy of such information is not within Engineer's control and Engineer shall not be liable for its accuracy, nor for its verification. City of Elgin,Illinois B-1 Airlite WTP Improvements 5/18/07 0 ELGIN WATER DEPARTMENT AIRLITE WTP IMPROVEMENTS ATTACHMENT C-PROJECT SCHEDULE ID ITali Nee 1 Start I rmisk zoos - zom ... .. . zoia I 1 — .T Fm t r,;r:- ..6 __.. ., -Fm'Ma:"l:eu�:lnor_.�g�7_i,�.Low_sse::Is�iJUrJ �..lisel.s:._L-nc_L:Mai.S2�..Li_Ss seo( !ngv.l.sL IPrNlminery Design Man 6/9/07 fN9/?e/0) m . -_�_. .. .....)....... n 2 1 Pr01ert Initiation Mre6rg Mon 6/9/07 Mon 6/9/071 3 ;I Data Collection&Project Setup Mon 6/4/07 Fi 6/8/071 rl NA 4 i Evaluation of Su0ide Removal&Odor Control Mon 6/11/02 Fri 7/6/07 I I 5 1 Evaluation N Electrical Improvem ents Mon 6/11/02 Fri 7/6/02 f....-...� 6 I Eva0ainn of Disinfection Alternatives Mon 7/9/07 Fs 8/3/07 7 1 Preliminary layout and Concepts Mon 7/9/02 Fri 8/3/07 7=1 Conceptual Design Workshop Fn 8/10/O2 Fn 8/10/07 + Draft Bask of Design Report Mon 8/13/02 Fri 9/2/071 to I Discos Draft Basis of Design Report w/CM Fn 9/19/07 Fri 9/14/07 _`1I Final Basis of Desgn Report Mon 9/17/07 Fri 9/28/021 [ - �T DN:NIW DeFIpn Mon 10/1/07 Fri 11/19/00 , 13 Prepare 5055 Documents Mon 10/1/02 Fri 12/21/07 --- i9 Review 50%Documens w1M C ♦� M Fri Fri It I pare 90%0,0616 n7S /4 Mon 1/14/08 Fig /08. —_—_.._...._._�' 16 I Review 90%Documents 45106 CM Fri 4/25/08 Fri 4/25/08. 2 Revise 9096 Documents per CAN Comments Mon 9/28/08 70 5/9/04 I 1 1 regulatory f to.EPA ton 6/9/08 F 8129/08 Fri 6/6/08 FYI 6/6/08 e Sent ry review se IF➢A Review 20 i Final0e Documents for Bidding(Font Enos&IBM comments) Ion 11/29/08 Fl 12/19/0 I ♦ 1 . I0W M 1Pme Mocvmment Mon 6/9/07 fr1 7/11/09 J Revise Generator Song(from 2002 EPSS) Mon 6/4/07 Fi 6/22/02 23 I Prepare Draft Procurement Documents Mon 6/25/07 Fn 8/3/02 c ....-.hl 24 02v111.4 Procurement Dxuments with City F,8/17/02 MI 8/17/02 15 Prepare Final Procurement Documents Mon 8/70/02 F5 8/24/07• 1 I I .1 l26 11 Generator Procurement Mon 9/ 011— I Bn O/20,ng Assistance O/5/2 Fi 10/5/00 _+ le nt Conform Contract Documes Mon 10/8/07 Fn 10/12/071 - Ali Award Generator Procurement Contact Fn 12/7/07 02 Fn • 1 Initial Generator Submittal Review Mon 2/9/08 Fri 2/29/08 7i;�._ 1 1 Generator Rezupmittal Review Mon]/]1408 Fri 9/25108 z I Generator Deliery Fi 7/31/09 Fri 2/31/09 -- 33 01001rr0 Pimp Smokes Mon 12/22/00 Fri 10/13/10; i .34 Construction Contract Advertising Mon 12/22/08 Fri 1/90/09 }l 35 I E.Opening Assittance Fri 1/30/09 Fri 1/30/09 • 36 1 Bid Tabulation Mon 2/2/09 Fri 2/6/091 ri 31 C2MOrm Contract Documents Mon 2/9/09 Fri 2/20/09 f It' 38 I Award ComSuction Contract&Nobce to Prone E hi 4/12/09 65 4/12/09 9.I Con10..rken Phase Senile.. Non 4/20/09 6410/15/10 (to Oa completed under Nnnr,lmentImen 4) 42 , 763/60240506 Man 9/20/09 Fw 5/15/09 91 Lkrnal ban and Are Rep Mar 5/19/09 Fp 7/32/00 r--- 42 9re P,,960ns,ant Omer New/000431 71, Mon 7/73/03 Fri 7/3/70 .wrrtran&al canpar;ar Inspect-ton F.; /fo Fri /to tanplete FLndr List Items Alen 7 02/l0 Fn 9/3/10 48 1 F CaMk52.0 0/spec—Poet Fn 9/3/00 R,/3/001 .� •4 1 Prepanthon o2RnaN wings Mar 9/6/20 Fn 70/25/20 Tasks 164108 in italics are estimates only and le be completed under future Amentlmenl • OF£`\ Agenda Item No. ; k City of Elgin k , i)10'` E ` * L May 18, 2007 G � L� TO: Mayor and Members of the City Council N �. FROM: Olufemi Folarin, City Manager Q�' RIVER AS A RESOURCE Kyla B. Jacobsen, Water System Superintendent SUBJECT: Engineering Design Services for the Airlite Water Treatment Plant Improvements PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider approval of an agreement with Black & Veatch Corporation for the preparation of plans, specifications and bidding services for the Airlite Water Treatment Plant (WTP) Improvements. RECOMMENDATION It is recommended that the City Council authorize the execution of an agreement for engineering services with Black & Veatch Corporation in the amount of$706,800 for design and bidding phases for the Airlite Water Treatment Plant (WTP) Improvements. Construction phase services in the amount, not to exceed $495,200, will be considered as an amendment to this agreement next year when the construction begins. BACKGROUND With the City of Elgin's projected expansion in the western pressure zones, the Airlite Water Treatment Plant (WTP) becomes an increasingly critical element of the City's water system and its ability to meet the growing water demands within these zones. Based on the significant nature, it is the City's desire to address the long term viability of the Airlite WTP with not only rehabilitation, but expansion in capacity as well. Based on the Water Department Master Plan completed in March, 2005, it was recommended that the improvements to the Airlite WTP include expanding its nominal capacity to 10 million gallons per day. On December 19, 2006, Requests for Qualifications (RFQs) were sent to twenty-one engineering firms. It was the intent to review the qualifications in order to determine which firms would be sent Requests for Proposals (RFPs). On January 19, 2007, thirteen RFQ statements were received from various firms. An evaluation team was assembled consisting of five City staff members and two public works directors from communities with water treatment plants which have recently undergone upgrades. On February 22, 2007, Requests for Proposals were sent to the six engineering firms which were selected from the RFQ process. Six proposals were received on March 22, 2007. The proposals were evaluated and ranked by the same team, less ern. Water—Eng. Services Airlite WTP Improvements May 18, 2007 Page 2 one City staff member, and Black & Veatch was given the highest ranking. Water Department staff reviewed the level of effort to ensure that the services being provided were as detailed in the RFP for each of the firms that proposed. Differences in the fees were mainly due to the level of effort and hours assigned to tasks. Water Department staff entered into negotiations with Black &Veatch to match their level of effort in the range of the top rated firms. The fee for design and bidding services is $706,800, which includes the supplemental service of a pre-bid conference which has been determined is necessary. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None c.. tic. FINANCIAL IMPACT The cost of engineering services to be provided by Black & Veatch totals $706,800. A total of $1,092,500 has been budgeted in the water portions of the 2006 and 2007 General Obligation Bond Funds, account numbers 366-4000-795.93-36 and 367-4000-795.93-36 `Buildings and Structures," project number 409688, "Airlite WTP Improvements". All funds are available to enter into the contract. ,06\b/ LEGAL IMPACT None ALTERNATIVES 1. Award the agreement to Black&Veatch. 2. Do not award a contract at this time. Respectfully submitted for Council consideration. KJ Attachments r City of Elgin, Illinois Design and Construction Services for Airlite St. WTP Inprovements Qualification Rating March 22, 2007 FIRM NAME Ranking Design/bidding phase Construction h fee phase fee TOTAL FEE McMahon &Associates 6 $599,800 $536,000 $1,135,800 AB&H, A Donohue Group/Metcalf& Eddy 2 $681,365 $536,352 $1,217,717 Black&Veatch Corporation 1 $706,800 $495,200 $1,202,000 Malcolm Pirnie 3 $698,000 $447,300 $1,145,300 Burns& McDonnell 4 $472,007 $410,408 $882,415 Crawford, Murphy and Tilly 5 $650,000 $700,000 $1,350,000 City of Elgin, Illinois Airlite Water Treatment Plant Proposals Evaluation Total Score Sheet March 22, 2007 Evaluators Firm's Name - # 1 # 2 # 3 #4 # 5 # 6 # 7 Burns & McDonnell 87 64 84 77 78 57 447 Malcolm Pirnie 84 53 61 81 79 80 438 Crawford, Murphy & Tilly (CMT) 79 61 78 82 77 65 442 AB &H and Metcalf& Eddy 83 58 89 84 77 77 468 McMahon 70 49 44 84 70 73 390 Black &Veatch 83 69 91 83 88 84 498 1 -711 City of Elgin, Illinois Airlite Water Treatment Plant Proposals Evaluation Proposals Rating March 22, 2007 Firm's Name Evaluators Total Scores Ranking # 1 #2 #3 #4 #5 #6 #7 Burns & McDonnell 30 25 20 5 20 5 105 Malcolm Pirnie 25 10 15 10 25 25 '110' 3 Crawford, Murphy &Tilly (CMT) 10 20 10 15 12.5 10 77.5 AB & H and Metcalf& Eddy 17.5 15 25 27.5 12.5 20 117.5 2 McMahon 5 5 5 27.5 5 15 62.5 Black & Veatch 17.5 30 30 20 30 30 157.5 1 Notes: 1. Assign Scores based on the following formula: 30 points for the 1st, 25 points for the 2nd, 20 for the 3rd, 15 points for the 4th, 10 points for the 5th and 5 for the 6th. 2. If a tie occur, the consecuitive scores shall be divided among them.