11-162 7 0
Resolution No. 11-162
RESOLUTION
AUTHORIZING EXECUTION OF AGREEMENT WITH
BURNS & MCDONNELL ENGINEERING COMPANY, INC.
FOR THE CONSTRUCTION PHASE OF THE
AIRLITE WATER TREATMENT PLANT IMPROVEMENT PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Sean R. Stegall,City Manager,and Kimberly A.Dewis,City Clerk,be and are hereby authorized and
directed to execute an agreement on behalf of the City of Elgin with Burns & McDonnell
Engineering Company, Inc. for the construction phase of the Airlite Water Treatment Plant
Improvement Project, a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: September 28, 2011
Adopted: September 28, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
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AGREEMENT
THIS AGREEMENT is made and entered into this 28th day of September, 2011, by and
between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as
"CITY") and Burns & McDonnell (hereinafter referred to as "ENGINEER").
WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services
in connection with the Consultant Engineering Services for the Construction Phase of the Airlite
Water Treatment Plant Improvement Project(hereinafter referred to as the "PROJECT"); and
WHEREAS, the ENGINEER represents that he is in compliance with Illinois Statutes relating to
professional registration of individuals and has the necessary expertise and experience to furnish
such services upon the terms and conditions set forth herein below.
NOW, THEREFORE, it is hereby agreed by and between the CITY and the ENGINEER that the
CITY does hereby retain the ENGINEER 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 the engineering matters involved in the PROJECT as described herein, subject to
the following terms and conditions and stipulations, to-wit:
1. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the Water
Department Director of the CITY, herein after referred to as the "DIRECTOR".
B. The Engineer shall furnish professional engineering services pertinent to the
construction observation, resident inspection, and submission of construction
report for the Airlite Water Treatment Plant Improvement Project.
C. A detailed Scope of Services is made a part hereof and is included in Attachment
A.
2. PROGRESS REPORTS
A. A detailed project schedule for the Project is made a part hereof and is included in
Attachment B.
B. The ENGINEER will submit to the DIRECTOR weekly a status report keyed to
the project schedule. A brief narrative will be provided identifying progress,
findings and outstanding issues.
3. WORK PRODUCTS
All work products prepared by the ENGINEER pursuant hereto including, but not limited
to, reports, designs, calculations, work drawings, studies, photographs, models and
recommendations shall be the property of the CITY and shall be delivered to the CITY
upon request of the DIRECTOR provided, however, that the ENGINEER may retain
copies of such work products for its records. Such work products are not intended or
represented to be suitable for reuse by the CITY on any extension to the PROJECT or on
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any other project, and such reuse shall be at the sole risk of the CITY without liability or
legal exposure to the ENGINEER.
4. PAYMENTS TO THE ENGINEER
A. For services provided the ENGINEER shall be paid in accordance with the hourly
rate schedule included in Attachment C, with a total fee shall not to exceed five
hundred ninety nine thousand, five hundred thirty four dollars and zero cents
($599,534.00), regardless of the actual costs incurred by the ENGINEER unless
substantial modifications to the scope of the work are authorized in writing by the
DIRECTOR and approved by way of a written amendment to this Agreement.
B. For outside services provided by other firms or subconsultants, the CITY shall
pay the ENGINEER the invoiced fee to the ENGINEER, plus five (5) percent.
Costs of any such outside services shall be included within the total not-to-exceed
fee of$599,534 referenced in subparagraph 4A above.
C. Reimbursable expenses are included in Attachment D. Such reimbursable
expenses shall be included within the total not-to-exceed fee of $599,534
referenced in subparagraph 4A above.
D. The CITY shall make periodic payments to the ENGINEER based upon actual
progress within 30 days after receipt and approval of invoice.
5. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the CITY.
Progress reports (2D above) will be included with all payment requests.
B. The ENGINEER shall maintain records showing actual time devoted and cost
incurred. The ENGINEER shall permit the authorized representative of the CITY
to inspect and audit all data and records of the ENGINEER for work done under
this Agreement. The ENGINEER shall make these records available at
reasonable times during the Agreement period, and for a year after termination of
this Agreement.
6. 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 task amounts set forth under Paragraph 4 above.
7. TERM
This Agreement shall become effective as of the date the ENGINEER is given a notice to
proceed and, unless terminated for cause or pursuant to Article 5, shall be deemed
concluded on the date the CITY determines that all of the ENGINEER's work under this
Agreement is completed. A determination of completion shall not constitute a waiver of
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any rights or claims which the CITY may have or thereafter acquire with respect to any
term or provision of the Agreement.
8. NOTICE OF CLAIM
If the ENGINEER wishes to make a claim for additional compensation as a result of
action taken by the CITY, the ENGINEER shall give written notice of his claim within
15 days after occurrence of such action. No claim for additional compensation shall be
valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the
extent that such changes are included in writing signed by the CITY and the ENGINEER.
Regardless of the decision of the DIRECTOR relative to a claim submitted by the
ENGINEER, all work required under this Agreement as determined by the DIRECTOR
shall proceed without interruption.
9. BREACH OF CONTRACT
If either party violates or breaches any term of this Agreement, such violation or breach
shall be deemed to constitute a default, and the other party has the right to seek such
administrative, contractual or legal remedies as may be suitable to the violation or breach;
and, in addition, if either party, by reason of any default, fails within fifteen (15) days
after notice thereof by the other party to comply with the conditions of the Agreement,
the other party may terminate this Agreement. Notwithstanding the foregoing, or
anything else to the contrary in this Agreement, with the sole exception of an action to
recover the monies the City has agreed to pay to the Engineer pursuant to Paragraph 4
hereof, no action shall be commenced by the Engineer against the City for monetary
damages.
10. 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, attorneys fees, damages or
other relief, including but not limited to workers compensation claims, in any way
resulting from or arising out of negligent actions or omissions of the ENGINEER in
connection herewith, including negligence or omissions of employees or agents of the
ENGINEER arising out of the performance of this Agreement. In the event of any action
against the CITY, its officers, employees, agents, boards or commissions, 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
expiration, completion and/or termination of this Agreement.
11. 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.
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12. INSURANCE
A. Comprehensive Liability. The ENGINEER shall provide, pay for and maintain
in effect, during the term of this Agreement, a policy of comprehensive general
liability insurance with limits of at least $1,000,000 aggregate for bodily injury
and$1,000,000 aggregate for property damage.
The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance
naming the CITY as additional insured. The policy shall not be modified or
terminated without thirty (30) days prior written notice to the DIRECTOR.
The Certificate of Insurance which shall include Contractual obligation assumed
by the ENGINEER under Article 10 entitled"Indemnification" shall be provided.
This insurance shall apply as primary insurance with respect to any other
insurance or self-insurance programs afforded to the CITY. There shall be no
endorsement or modification of this insurance to make it excess over other
available insurance, alternatively, if the insurance states that it is excess or
prorated, it shall be endorsed to be primary with respect to the CITY.
B. Comprehensive Automobile Liability. Comprehensive Automobile Liability
Insurance covering all owned, non-owned and hired motor vehicles with limits of
not less than $1,000,000 per occurrence for damage to property.
C. Combined Single Limit Policy. The requirements for insurance coverage for the
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 Engineers 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. A
Certificate of Insurance shall be submitted to the DIRECTOR as evidence of
insurance protection. The policy shall not be modified or terminated without
thirty (30) days prior written notice to the DIRECTOR.
13. CONSTRUCTION MEANS,METHODS,TECHNIQUES, SEQUENCES,
PROCEDURES AND SAFETY
The ENGINEER shall not have control over or charge of and shall not be responsible for
construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the construction, unless specifically
identified in the Scope of Services, except for the actual inspection and on-site
observation done by the ENGINEER itself.
14. 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, of 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
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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 the Agreement by the CITY.
15. 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.
16. DELEGATIONS 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 advance written approval.
17. NO CO-PARTNERSHIP OR AGENCY
This Agreement shall not be construed so as to create a partnership, joint venture,
employment or other agency relationship between the parties hereto, except as may be
specifically provided for herein.
18. SEVERABILITY
The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or
other provision of this Agreement, or any portion thereof, shall be held to be void or
otherwise unenforceable, all other portions of this Agreement shall remain in full force
and effect.
19. 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.
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20. MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes the entire Agreement of the parties on the
subject matter hereof and may not be changed, modified, discharged or extended except
by written amendment duly executed by the parties. Each party agrees that no
representations or warranties shall be binding upon the other party unless expressed in
writing herein or in a duly executed amendment hereof, or change order as herein
provided.
21. 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 resolution of any disputes
or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court
of Kane County, Illinois.
22. NEWS RELEASES
The ENGINEER may not issue any news releases without prior approval from the
DIRECTOR, nor will the ENGINEER make public proposals developed under this
Agreement without prior written approval from the DIRECTOR prior to said
documentation becoming matters of public record.
23. COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants in the CITY's employ or any
work associated with the PROJECT.
24. INTERFERENCE WITH PUBLIC CONTRACTING
The ENGINEER certifies hereby that it is not barred from bidding on this contract as a
result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute
regarding bid rigging.
25. SEXUAL HARASSMENT
As a condition of this contract, the ENGINEER shall have written sexual harassment
policies that include, at a minimum, the following information:
A. the illegality of sexual harassment;
B. the definition of sexual harassment under state law;
C. a description of sexual harassment, utilizing examples;
D. the vendor's internal complaint process including penalties;
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E. the legal recourse, investigative and complaint process available through the
Illinois Department of Human Rights, and the 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 the Human Rights
Act.
A copy of the policies shall be provided by ENGINEER to the Department of Human
Rights upon request 775 ILCS 5/2-105.
26. WRITTEN COMMUNICATIONS
All recommendations and other communications by the ENGINEER to the DIRECTOR
and to other participants which may affect cost or time of completion, shall be made or
confirmed in writing. The DIRECTOR may also require other recommendations and
communications by the ENGINEER be made or confirmed in writing.
27. 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 B. Jacobsen
Water Director
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER: Randall L. Patchett, P.E.
Associate
Burns & McDonnell, Engineering Company, Inc.
1431 Opus Place
Downers Grove, Il. 60515
28. COMPLIANCE WITH LAWS
Notwithstanding any other provision of this AGREEMENT it is expressly agreed and
understood that in connection with the performance of this AGREEMENT that the
ENGINEER shall comply with all applicable Federal, State, City and other requirements
of law, including, but not limited to, any applicable requirements regarding prevailing
wages, minimum wage, workplace safety and legal status of employees. Without
limiting the foregoing, ENGINEER hereby certifies, represents and warrants to the CITY
that all ENGINEER'S employees and/or agents who will be providing products and/or
services with respect to this AGREEMENT shall be legal residents of the United States.
ENGINEER shall also at its expense secure all permits and licenses, pay all charges and
fees and give all notices necessary and incident to the due and lawful prosecution of the
work, and/or the products and/or services to be provided for in this AGREEMENT. The
CITY shall have the right to audit any records in the possession or control of the
ENGINEER to determine ENGINEER'S compliance with the provisions of this section.
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In the event the CITY proceeds with such an audit the ENGINEER shall make available
to the CITY the ENGINEER'S relevant records at no cost to the CITY. ENGINEER
shall pay any and all costs associated with any such audit.
29. INTEREST
ENGINEER hereby waives any and all claims to interest on money claimed to be due
pursuant to this Agreement, and any and all such rights to interest to which it may
otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local
Government Prompt Payment Act, as amended (50 ILCS 505/1, et seq.), or the Illinois
Interest Act, as amended (815 ILCS 205/1, et seq.).
30. LIMITATION OF ACTIONS
The parties hereto further agree that any action by the Engineer arising out of this
Agreement must be filed within one year of the date the alleged cause of action arose or
the same will be time barred.
IN WITNESS WHEREOF, the parties hereto have entered into and executed this
agreement effective as of the date and year first written above.
FOR THE CITY: FOR THE ENGINEER:
//
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By L�/ �.I/ • /A/ By <
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Cityf anager
Attest:
City Clerk
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ATTACHMENT A
TO
AGREEMENT FOR ENGINEERING SERVICES
City: City of Elgin, Illinois
Engineer: Burns & McDonnell Engineering Company, Inc.
Project: Airlite Water Treatment Plant Improvements Project
GENERAL
In June of 2011, the City of Elgin issued an invitation for bids on the Airlite Water Treatment
Plant Improvements Project located at 74 North Airlite Street in Elgin, IL 60123. The project is
an upgrade of the existing Airlite Water Treatment Plant to 10 mgd.
The project will include demolition of the existing aeration basin and odor control building, rapid
mix basin, two solids contact clarifiers, one recarbonation basin, associated site piping, and two
valve access vaults. The project includes construction of one new influent flow metering vault,
one new aeration basin with fine bubble diffusers and rotary-lobe blowers, two new 60-foot
diameter upflow solids contact clarifiers, one new recarbonation basin, associated site piping,
valve vaults, and sitework. The project includes the removal of one existing booster pump and
replacement with a new, larger split-case centrifugal booster pump, addition of an ammonia
storage tank, addition of a dry polymer feed system, conversion of an existing ferric sulfate feed
system to store hydrofluosilicic acid, new hydrofluosilicic transfer and metering pumps,
construction of a new ferric sulfate feed building and associated pumping/storage equipment, and
installation of a new pre-fabricated metal electrical building to house new plant switchgear and
motor starters.
The Scope of Services for this Agreement consists of providing consultant engineering services
for the construction for the Airlite Water Treatment Plant Improvements Project (Project). The
Scope of Services is presented below.
Scope of Services
Engineer will provide the following services to the City for the Project.
Task 1a-Review Contractor Submittals
Engineer will review shop drawings and data submitted by construction contractors for
compliance with the drawings and specifications. Engineer will provide a stamped or written
response to each submittal with the appropriate action to be taken by the Contractor. As part of
this task, Engineer will develop and maintain a shop drawing review log that will include receipt
dates, review status and conformity information for the submittals required to be made by the
Contractor. The log will be maintained throughout the construction phase of the Project.
Copies of the submittals will also be maintained in our office. A copy of each submittal will be
forwarded to the City after completion of the review of each submittal.
As part of Task la, Engineer will respond to written and telephone requests by the Contractor for
clarification of the contract documents. Engineer will also coordinate and review reports on tests
City of Elgin,Illinois A-1
Airlite Water Treatment Plant Improvements Project
of materials (including, but not limited to, concrete, soil compaction and asphalt testing) as
required by the Contract Documents.
Engineer will host an ftp site to accelerate and assist in the management of documents and project
controls.
There is no limitation to the number of submittals or number of times that submittals require to be
reviewed. Engineer will review and process of all submittals required for the Project.
Task 1 b-Provide Full Time Construction Resident Inspector
Engineer will provide a full time Resident Engineer/inspector on this Project. Resident Engineer
will be responsible for construction observation and inspection services on the Project. The
duration of services provided will be for 18 consecutive calendar months to commence upon
receipt of written notice to proceed from the City. Resident Engineer will be responsible for
observing the work for conformance with the Contract Construction Documents, preparation of
written daily and weekly reports and notification to the City and Engineer construction project
manager of any items that are not in conformance with the Contract Construction Documents.
Photo documentation will be provided as part of these services. Daily and weekly reports will be
submitted to all parties as directed by the City.
A preconstruction meeting will be held with the Contractor and City staff regarding the
schedules,procedures, and critical work.
Engineer will meet with the Contractor and City staff (at least once per week) to review the
progress of the project and the overall project status. Engineer's construction project manager
and/or key technical staff will visit to the site weekly and will be available for meetings with the
City as needed.
Engineer is not responsible for job site safety.
Task lc—Provide Stormwater Pollution Prevention Inspection Services
Engineer will provide a Designated Erosion Control Inspector. Designated Erosion Control
Inspector will provide inspection services to document that sufficient measures are in place and
properly functioning based on the Contractor's Storm Water Pollution Prevention Plan.
Engineer will complete erosion control inspection forms and maintain them on-site and
electronically.
Task 1d—Provide Construction Material Testing
Engineer will subcontract STATE Testing to provide materials testing as required for the Project.
Testing will be performed to document that the construction materials and installation methods
meet the requirements of the Contract Documents. As part of the services provided, Engineer
will develop a detailed testing schedule to be utilized for the Project. This schedule will be
completed within three weeks of receipt of notice to proceed from the City.
Task le—Provide Clean Construction Demolition Debris Support
Engineer will perform an environmental data base search to investigate the site for past uses that
may have contributed to soil contamination and determine the need for any further analysis of the
soil conditions. This work will be completed with two weeks or receipt of notice to proceed.
City of Elgin,Illinois A-2
Airlite Water Treatment Plant Improvements Project
Sufficient investigation will be performed to certify that the construction and demolition debris is
suitable for off-site disposal at clean construction and demolition debris landfills. In the event
that impacted soils are identified, Engineer will notify the City and the Contractor within once
calendar day of identification.
Scope of services includes investigating and certifying that the soil generated from the site meets
the requirements of clean construction demolition debris. Scope of services does not include
remediation and disposal of impacted material.
Task 1f-Review Contractor Pay Request Submittals
Engineer will review Contactor's monthly pay requests and compare each request with the work
completed. Engineer will verify the pay request is consistent with the work completed and make
recommendations to the City regarding payments to the Contractor. Pay request reviews will
include updates on work progress, current issues of concern, and anticipated progress. Engineer
will also verify that certified payrolls,waivers of lien and other required documents are included.
Task 1g—Assist with Change Orders,and Assist with Project Closeout
Engineer will receive, review, and respond to questions received from the Contractor regarding
the intent of the project design as necessary to clarify and interpret the Contract Documents.
Engineer will modify the contract documents in accordance with industry standards, if warranted,
based on the Contractor questions.
Engineer will provide assistance to the City in the preparation of Contract Change Orders as
necessary during the construction of the Work. Engineer will prepare documents as necessary to
request and obtain proposals from the Contractor for the desired changes to the project. Change
order documentation and justification will be prepared for all changes that are implemented on
the Project.
Engineer will coordinate and participate in a project walk-through with the Contractor and the
City to identify and document any work items that need to be repaired or completed before the
project can be closed out. Engineer will maintain a record of the corrective actions taken by the
Contractor; and when an item is completed Engineer will notify the City in writing of its
completion and that final payment can be made to the Contractor subject to compliance with all
legal requirements.
Project close-out assistance provided by Engineer will include review of Contractor warranty
submittal, Contractor insurance submittals and Contractor bond submittals.
Engineer will assist the City in obtaining all operation and maintenance manuals and other
materials required for substantial completion. This is important as the City will likely operate the
new facility prior to project close-out.
Task 1 h—Provide Record Drawings
Upon completion of the work, Engineer will revise construction drawings to conform to
construction records. The record drawings will be based on revising a copy of original contract
drawings, reflecting changes made during construction. Two paper copies of the record drawings
will be submitted to the City. In addition Engineer will submit the record drawings electronically
on CD-ROM as AutoCAD files for permanent record. The project will be registered into the
Illinois NAD 83 East State Plane Coordinate System with units in feet.
City of Elgin,Illinois A-3
Airlite Water Treatment Plant Improvements Project
Engineer will provide a geocoded site plan using Google Earth that can be used with the City's
GIS system in addition to the record drawings.
Task 1i—Provide Plant Start-up Assistance
Engineer will provide assistance with the start up of the completed water treatment plant
improvement project. This may require personnel presence for a certain amount of time to assist
in troubleshooting and the start-up process.Two weeks(80 hours)of on-site support to
specifically assist in starting up the treatment plant are included in the scope of services.
Task lj—Constructability Review
Engineer will complete an initial QA/QC of the project documents in an effort to identify
potential issues regarding the constructability of the Project and conflicts between the plans and
specifications that could result in a project delay or increase in cost. This work will be completed
within the first month of the Project. Any issues raised as a result of this review will be provided
to the City for further discussion of potential project impacts. This task is an added value task.
Engineer is not responsible or liable for any issues that occur regarding the constructability of the
project that are identified or are not identified as part of the constructability review.
City of Elgin,Illinois A-4
Airlite Water Treatment Plant Improvements Project
E. the legal recourse, investigative and complaint process available through the
Illinois Department of Human Rights, and the 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 the Human Rights
Act.
A copy of the policies shall be provided by ENGINEER to the Department of Human
Rights upon request 775 ILCS 5/2-105.
26. WRITTEN COMMUNICATIONS
All recommendations and other communications by the ENGINEER to the DIRECTOR
and to other participants which may affect cost or time of completion, shall be made or
confirmed in writing. The DIRECTOR may also require other recommendations and
communications by the ENGINEER be made or confirmed in writing.
27. 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 B. Jacobsen
Water Director
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER: Randall L. Patchett, P.E.
Associate
Burns & McDonnell, Engineering Company, Inc.
1431 Opus Place
Downers Grove, Il. 60515
28. COMPLIANCE WITH LAWS
Notwithstanding any other provision of this AGREEMENT it is expressly agreed and
understood that in connection with the performance of this AGREEMENT that the
ENGINEER shall comply with all applicable Federal, State, City and other requirements
of law, including, but not limited to, any applicable requirements regarding prevailing
wages, minimum wage, workplace safety and legal status of employees. Without
limiting the foregoing, ENGINEER hereby certifies, represents and warrants to the CITY
that all ENGINEER'S employees and/or agents who will be providing products and/or
services with respect to this AGREEMENT shall be legal residents of the United States.
ENGINEER shall also at its expense secure all permits and licenses, pay all charges and
fees and give all notices necessary and incident to the due and lawful prosecution of the
work, and/or the products and/or services to be provided for in this AGREEMENT. The
CITY shall have the right to audit any records in the possession or control of the
ENGINEER to determine ENGINEER'S compliance with the provisions of this section.
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In the event the CITY proceeds with such an audit the ENGINEER shall make available
to the CITY the ENGINEER'S relevant records at no cost to the CITY. ENGINEER
shall pay any and all costs associated with any such audit.
29. INTEREST
ENGINEER hereby waives any and all claims to interest on money claimed to be due
pursuant to this Agreement, and any and all such rights to interest to which it may
otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local
Government Prompt Payment Act, as amended (50 ILCS 505/1, et seq.), or the Illinois
Interest Act, as amended (815 ILCS 205/1, et seq.).
30. LIMITATION OF ACTIONS
The parties hereto further agree that any action by the Engineer arising out of this
Agreement must be filed within one year of the date the alleged cause of action arose or
the same will be time barred.
IN WITNESS WHEREOF, the parties hereto have entered into and executed this
agreement effective as of the date and year first written above.
FOR THE CITY: FOR THE ENGINEER:
// /j/ ,/ //
B y i/At- 4(/ • Xl By <
City( anager �� y
Attest:
City Clerk
8
ATTACHMENT A
TO
AGREEMENT FOR ENGINEERING SERVICES
City: City of Elgin, Illinois
Engineer: Burns & McDonnell Engineering Company, Inc.
Project: Airlite Water Treatment Plant Improvements Project
GENERAL
In June of 2011, the City of Elgin issued an invitation for bids on the Airlite Water Treatment
Plant Improvements Project located at 74 North Airlite Street in Elgin, IL 60123. The project is
an upgrade of the existing Airlite Water Treatment Plant to 10 mgd.
The project will include demolition of the existing aeration basin and odor control building, rapid
mix basin, two solids contact clarifiers, one recarbonation basin, associated site piping, and two
valve access vaults. The project includes construction of one new influent flow metering vault,
one new aeration basin with fine bubble diffusers and rotary-lobe blowers, two new 60-foot
diameter upflow solids contact clarifiers, one new recarbonation basin, associated site piping,
valve vaults, and sitework. The project includes the removal of one existing booster pump and
replacement with a new, larger split-case centrifugal booster pump, addition of an ammonia
storage tank, addition of a dry polymer feed system, conversion of an existing ferric sulfate feed
system to store hydrofluosilicic acid, new hydrofluosilicic transfer and metering pumps,
construction of a new ferric sulfate feed building and associated pumping/storage equipment, and
installation of a new pre-fabricated metal electrical building to house new plant switchgear and
motor starters.
The Scope of Services for this Agreement consists of providing consultant engineering services
for the construction for the Airlite Water Treatment Plant Improvements Project (Project). The
Scope of Services is presented below.
Scope of Services
Engineer will provide the following services to the City for the Project.
Task la-Review Contractor Submittals
Engineer will review shop drawings and data submitted by construction contractors for
compliance with the drawings and specifications. Engineer will provide a stamped or written
response to each submittal with the appropriate action to be taken by the Contractor. As part of
this task, Engineer will develop and maintain a shop drawing review log that will include receipt
dates, review status and conformity information for the submittals required to be made by the
Contractor. The log will be maintained throughout the construction phase of the Project.
Copies of the submittals will also be maintained in our office.A copy of each submittal will be
forwarded to the City after completion of the review of each submittal.
As part of Task la, Engineer will respond to written and telephone requests by the Contractor for
clarification of the contract documents. Engineer will also coordinate and review reports on tests
City of Elgin, Illinois A-1
Airlite Water Treatment Plant Improvements Project
of materials (including, but not limited to, concrete, soil compaction and asphalt testing) as
required by the Contract Documents.
Engineer will host an ftp site to accelerate and assist in the management of documents and project
controls.
There is no limitation to the number of submittals or number of times that submittals require to be
reviewed. Engineer will review and process of all submittals required for the Project.
Task 1 b-Provide Full Time Construction Resident Inspector
Engineer will provide a full time Resident Engineer/inspector on this Project. Resident Engineer
will be responsible for construction observation and inspection services on the Project. The
duration of services provided will be for 18 consecutive calendar months to commence upon
receipt of written notice to proceed from the City. Resident Engineer will be responsible for
observing the work for conformance with the Contract Construction Documents, preparation of
written daily and weekly reports and notification to the City and Engineer construction project
manager of any items that are not in conformance with the Contract Construction Documents.
Photo documentation will be provided as part of these services. Daily and weekly reports will be
submitted to all parties as directed by the City.
A preconstruction meeting will be held with the Contractor and City staff regarding the
schedules, procedures, and critical work.
Engineer will meet with the Contractor and City staff (at least once per week) to review the
progress of the project and the overall project status. Engineer's construction project manager
and/or key technical staff will visit to the site weekly and will be available for meetings with the
City as needed.
Engineer is not responsible for job site safety.
Task 1c—Provide Stormwater Pollution Prevention Inspection Services
Engineer will provide a Designated Erosion Control Inspector. Designated Erosion Control
Inspector will provide inspection services to document that sufficient measures are in place and
properly functioning based on the Contractor's Storm Water Pollution Prevention Plan.
Engineer will complete erosion control inspection forms and maintain them on-site and
electronically.
Task 1d—Provide Construction Material Testing
Engineer will subcontract STATE Testing to provide materials testing as required for the Project.
Testing will be performed to document that the construction materials and installation methods
meet the requirements of the Contract Documents. As part of the services provided, Engineer
will develop a detailed testing schedule to be utilized for the Project. This schedule will be
completed within three weeks of receipt of notice to proceed from the City.
Task le—Provide Clean Construction Demolition Debris Support
Engineer will perform an environmental data base search to investigate the site for past uses that
may have contributed to soil contamination and determine the need for any further analysis of the
soil conditions. This work will be completed with two weeks or receipt of notice to proceed.
City of Elgin,Illinois A-2
Airlite Water Treatment Plant Improvements Project
Sufficient investigation will be performed to certify that the construction and demolition debris is
suitable for off-site disposal at clean construction and demolition debris landfills. In the event
that impacted soils are identified, Engineer will notify the City and the Contractor within once
calendar day of identification.
Scope of services includes investigating and certifying that the soil generated from the site meets
the requirements of clean construction demolition debris. Scope of services does not include
remediation and disposal of impacted material.
Task 1f-Review Contractor Pay Request Submittals
Engineer will review Contactor's monthly pay requests and compare each request with the work
completed. Engineer will verify the pay request is consistent with the work completed and make
recommendations to the City regarding payments to the Contractor. Pay request reviews will
include updates on work progress, current issues of concern, and anticipated progress. Engineer
will also verify that certified payrolls, waivers of lien and other required documents are included.
Task 1g—Assist with Change Orders,and Assist with Project Closeout
Engineer will receive, review, and respond to questions received from the Contractor regarding
the intent of the project design as necessary to clarify and interpret the Contract Documents.
Engineer will modify the contract documents in accordance with industry standards, if warranted,
based on the Contractor questions.
Engineer will provide assistance to the City in the preparation of Contract Change Orders as
necessary during the construction of the Work. Engineer will prepare documents as necessary to
request and obtain proposals from the Contractor for the desired changes to the project. Change
order documentation and justification will be prepared for all changes that are implemented on
the Project.
Engineer will coordinate and participate in a project walk-through with the Contractor and the
City to identify and document any work items that need to be repaired or completed before the
project can be closed out. Engineer will maintain a record of the corrective actions taken by the
Contractor; and when an item is completed Engineer will notify the City in writing of its
completion and that final payment can be made to the Contractor subject to compliance with all
legal requirements.
Project close-out assistance provided by Engineer will include review of Contractor warranty
submittal, Contractor insurance submittals and Contractor bond submittals.
Engineer will assist the City in obtaining all operation and maintenance manuals and other
materials required for substantial completion. This is important as the City will likely operate the
new facility prior to project close-out.
Task 1 h—Provide Record Drawings
Upon completion of the work, Engineer will revise construction drawings to conform to
construction records. The record drawings will be based on revising a copy of original contract
drawings, reflecting changes made during construction. Two paper copies of the record drawings
will be submitted to the City. In addition Engineer will submit the record drawings electronically
on CD-ROM as AutoCAD files for permanent record. The project will be registered into the
Illinois NAD 83 East State Plane Coordinate System with units in feet.
City of Elgin,Illinois A-3
Airlite Water Treatment Plant Improvements Project
Engineer will provide a geocoded site plan using Google Earth that can be used with the City's
GIS system in addition to the record drawings.
Task 1 i—Provide Plant Start-up Assistance
Engineer will provide assistance with the start up of the completed water treatment plant
improvement project. This may require personnel presence for a certain amount of time to assist
in troubleshooting and the start-up process.Two weeks(80 hours)of on-site support to
specifically assist in starting up the treatment plant are included in the scope of services.
Task 1j—Constructability Review
Engineer will complete an initial QA/QC of the project documents in an effort to identify
potential issues regarding the constructability of the Project and conflicts between the plans and
specifications that could result in a project delay or increase in cost. This work will be completed
within the first month of the Project. Any issues raised as a result of this review will be provided
to the City for further discussion of potential project impacts. This task is an added value task.
Engineer is not responsible or liable for any issues that occur regarding the constructability of the
project that are identified or are not identified as part of the constructability review.
City of Elgin,Illinois A-4
Airlite Water Treatment Plant Improvements Project
Attachment D — Reimbursable Expenses I>1airns&
City of Elgin-Airlite Water Treatment Plant Improvements Project ��I_��"�'��'1
Company Reprographics: Page 1 through Page 3
Vehicle Rates: Page 1
Company Reprographics
Billing Schedule
Central Reprographics Only
(Color Volume Discounts - per page)
Effective Date
January 1,2011 81/2x11 to 81/2x14 11x17
1 -2500 .$0.70 $1.40
PHOTOCOPY 2501 - 7500 .$0.65 $1.30
7501 - 15000 $0.60 $1.20
The photocopy process is used for either black and 15001 - 25000 .$0.55 $1.10
white or color copies/prints up to 11x17. Stock used can 25001 - up $0.50 $1.00
be from 20 lb. bond to 70 lb. cover weight, including
index tabs. This process is best utilized by:
* Larger than 11 x 17 - See Large Photocopy
• Book printing • Specification covers
• Letters and memos • Report covers Handwork: Labor-charge $32.50 per hour.
• Line drawings • Specifications
• Manuals Addendums Overtime work will be billed at$48.50 per hour.
• All preliminary • Single-color newsletters Minimum overtime charge is one hour.
documents
• Forms • Meeting notes
Binding/Finishing
PHOTOCOPY-Imaging/Printing on 20 lb. bond Up to 11x17
B/W Copies/Prints 3 Hole Drill Per Drill $0.40
Folding(machine) Per Page $0.03
8'12x11 to 8'/2x14 $0.08
11x17 $0.16 Folding(by hand) Per Page $0.10
Staple(machine) Per Staple $0.02
Color Copies/Prints Staple(by hand) Per Staple ..$0.04
81/2x11 to 81/2x14 $0.70 Edge Bind Per Book $2.00
11x17 $1.40 Acco Bind Per Book $2.00
Velo Bind .Per Book $2.15
Central Reprographics Only Standard Bind ...Per Book $3.00
(B/W Volume Discounts - per page)
GBC Plastic Bind .Per Book $3.33
81/2x11 to 81/2x14 1 1x17 Screw Post Bind Per Post $1.50
1 -2500 $0.08 $0.16 Hand Inserting Per Page $1.50
2501 - 7500 $0.07 $0.14
7501 - 15000 $0.06 $0.12 Laminating
15001 -25000 $0.05 $0.10 Double Sided
25001 -up $0.04 $0.08 8.5 x 11 EA $2.50
11x17 EA $4.00
The rates shown above are effective for services through December 31,2011,and are subject to revision thereafter.
REPRO11 1
LARGE FORMAT
PHOTOCOPY/PRINTING/PLOTTING
Copies up to 36" wide are available on the OCE TDS DISCOUNT TABLE/CENTRAL REPROGRAPHICS
800/600& TCS 500 scanner printers. These copiers offer Square footage rounds up
a 25% reduction to 400% enlargement. These copiers scan Over 3,000 Sq.Ft. Per Order Unit Price
the original drawings into memory then print the required
number of sets. All plots will be on bond copy,vellum, or
B/W Color
mylar at client's request. This process is best utilized by:
•Approval sets 12x18 $0.42 $10.80
•Draft sets 15x21 $0.63 .$16.20
• Preliminary sets
• Bid sets full or half size 18x24 $0.63 .$16.20
These devices produce very high resolution,especially on 22x34 $1.26 $32.40
dot patterns,solids,photos, etc.
24x36 $1.26 .$32.40
28x40 $1.68 $43.20
Unit Price B/W=$0.28 sf Color= $6.00 sf
Square footages rounds up 30x42 $1.89 .$48.60
B/W Color 34x44 $2.31 .$59.40
12x18 .$0.56 $12.00 36x48 $2.52 .$64.80
15x21 $0.84 $18.00
18x24 .$0.84 $18.00
Finishing
22x34 $1.68 $36.00
Folding (by hand) ..SF ..$0.20
24x36 .$1.68 $36.00 Staple (by hand) Per Staple $0.04
28x40 .$2.24 $48.00 Staple with edge binder Per Set $5.00
30x42 $2.52 $54.00 Standard Bind Per Set .$6.00
34x44 $3.08 $66.00 Post bind Per Post $1.50
36x48 .$3.36 $72.00
Handwork will be charged if total time needed to
Larger than 12 sq. ft.: complete is more than 15 minutes.
Actual square footage x$0.28 per sq. ft. B/W Labor charge is $32.50 per hour.
Actual square footage x$6.00 per sq. ft. Color Overtime will be billed at$48.50 per hour.
For vellum,add$0.12 per sq. ft. Minimum overtime charge is one hour.
For mylar add$0.70 per sq. ft.
The rates shown above are effective for services through December 31,2011,and are subject to revision thereafter.
REPRO11 2
SCANNING
SMALL FORMAT
Scanning to file up to 11x17 black&white
1-500 Scans $0.08 per page
Over 500 Scans $0.07 per page -Central Reprographics Only
Scanning to file up to 11x17 color $0.70 per scan
LARGE FORMAT
Scanning to file larger than l 1 xl 7 black& white.
1-1000 scans $2.65 per scan
1001 and above scans $1.00 per scan-Central Reprographics Only
Scanning to file larger than 11x17 color $10.00 per scan
CD Burn (1-10) $8.00 each
CD Burn(11+) $5.00 each
The rates shown above are effective for services through December 31,2011,and are subject to revision thereafter.
REPRO11 3
Company Vehicle
Billing Schedule
For needs involving vehicle types that do not appear in
the following table, charges will be established from
prevailing market prices for the vehicle,miles it
Effective Date travels, and insurance. For situations requiring higher
January 1,2011 insurance limits than required by statue, a vehicle high
insurance limits charge can be prepared.
Burns&McDonnell fleet vehicle use is charged using Base Rate
an assigned time component and a miles traveled Type of Mileage
component. The assigned time component provides Vehicle Daily Weekly Monthly Charge
for daily,weekly and monthly durations. The miles Sedan, 4 dr $58 $290 $1,160 $0.29
traveled component relates to variable costs such as
fuel, lubrication,tires,maintenance,routine cleaning, Van 65 325 1,300 0.34
etc. Van, 12-15
The daily charge applies when a vehicle is assigned for Passenger 107 536 2,140 0.35
7 days or less. The daily charge is for each 24-hour Truck- 2WD 50 250 1,000 0.32
period or fraction thereof.
Pickup, 1/2T
The weekly charge applies when a vehicle is assigned Truck-4WD 60 300 1,200 0.35
for more than 7 consecutive days and less than 6
Pickup, 1/2T
continuous weeks. For fractions of a week over 7
consecutive days, the weekly rate will be prorated by Truck-2WD 60 300 1,200 0.32
the number of days and fractional days the vehicle is Pickup, 1/2T C.C.
assigned(one-seventh per calendar day). Truck- 2WD 55 275 1,100 0.32
The monthly charge applies when a vehicle is assigned Pickup, 1/2T Ext. C.
for more than 6 continuous weeks. For fractions of a Truck- 4WD 68 338 1,350 0.35
month over 6 continuous weeks,the monthly rate will
Pickup, 1/2T C.C.
be prorated by the number of months and fractional
months the vehicle is assigned(one thirtieth per Truck-4WD 64 319 1,275 0.35
calendar day). Pickup, 1/2T Ext. C.
Employee-owned vehicles are charged at the per mile Truck- 4WD 62 310 1,240 0.36
amount allowed by the Internal Revenue Service for Pickup, 3/4T
business miles. Vehicles rented at destinations as part Truck-4WD 70 490 1,960 0.36
of short duration travel, such as airports, are charged
Pickup-3/4T C.C.
per the receipt amount from the rental company, plus
fuel, insurance, and other directly applicable amounts Truck- 2WD 65 325 1,300 0.35
such as extra cleaning. Pickup, 1 TN
Truck-4WD 75 375 1,500 0.36
Pickup, 1T
SUV-4WD 65 325 1,300 0.35
Utility Trailer 15 75 300
These rates are effective through December 31,2011,and are subject to revision thereafter.
VEHICLE11.DOC
•
em-
;-- EPORT TO MAY R b MEMBERS
CAF CITY COUNCIL E LG I I' J
��^^
THE CITY IN THE SUBURBS'
AGENDA ITEM: G
MEETING DATE: September 14, 2011
ITEM:
Engineering Services Agreement with Burns & McDonnell for the Airlite Water Treatment Plant
Improvement Project
($599,534)
OBJECTIVE:
To observe construction and ensure the contractor's compliance to the contract documents for
the Airlite Water Treatment Plant Improvement Project.
RECOMMENDATION:
Authorize staff to execute an Engineering Services Agreement with Burns & McDonnell for the
construction phase of the Airlite Water Treatment Plant Project in the amount of$599.534.
BACKGROUND
The Airlite Water Treatment Plant (WTP) is a major component to the city's water system. The
facility was built in the early 1960s and requires extensive rehabilitation. Through the Compre-
hensive Water Master Plan process, the operation of the city's water treatment system was re-
viewed for its ability to reliably meet water demands into the future. This planning confirmed
that the Airlite WTP improvements are necessary for the preservation of a robust and reliable
water system. The Airlite WTP is the only source of pumping to the west zone, which services all
areas west of Randall Road.
The Airlite WTP has been in service for nearly 50 years and a majority of the equipment, piping
and rear yard structures are in need of replacement. During that time, the city has maintained
the Airlite WTP facilities in good operational condition. But at this point, the service life for
most Airlite WTP facilities has been exhausted.
The Airlite WTP Improvement Project construction bid award recommendation is being consi-
dered by the city council on the September 14th agenda. The project will include the demolition
of the existing aeration basin and odor control building; rapid mix basin; two solids contact cla-
rifiers; one recarbonation basin; associated site piping; two valve access vaults; the construc-
tion of one new influent flow metering vault; one new aeration basin with fine bubble diffusers
and rotary-lobe blowers; two, new 60-foot diameter upflow solids contact clarifiers; one new
■
1
organized to evaluate the proposal documents,which was comprised of four water department
staff and an engineering department staff individual. The proposals were evaluated according
to qualifications, scope of services, capabilities, familiarity with the work, past record and over-
all ability to work within our budget. A primary firm was selected based on these criteria, with
unanimous results from the committee evaluations. The fee proposals were then opened, and
it was determined that the primary firm offered their scope of services at the best value to the
city. See Attachment A for the committee evaluation results and fee proposals.
Staff is recommending the execution of an agreement with Burns & McDonnell for the consult-
ing engineering services for the construction phase of the Airlite WTP Improvement Project for
the not to exceed amount of$599,534. This agreement comprises construction phase engineer-
ing services for the entire Airlite WTP Improvement project, and further includes plant start up
services upon completion of the construction.
The recommendation for the Airlite WTP Improvements construction bid award is presented for
council consideration under a separate agenda item at the September 14, 2011 council meet-
ing.
The total cost of the Airlite WTP project, including construction and design and construction
engineering, is $11,059,985.
f""‘ BUDGET IMPACT
FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT
BUDGETED AVAILABLE
G.O. Bond 368-4000-795.93-36 409688 $599,534 $599,534
LEGAL IMPACT
A request for proposals was sent to three vendors for consulting engineering services for the
construction phase for the Airlite WTP Project for the water department. Three proposals were
received and opened on August 22, 2011. The proposals were evaluated according to qualifica-
tions, scope of services, capabilities, familiarity with the work, past record and overall ability to
work within our budget.
ALTERNATIVES
The city council may choose not to award an agreement to the recommended firm and direct
staff to solicit other engineering firms for a proposal to complete this work.
3
ATTACHMENT A: PROPOSAL EVALUATION RESULTS AND FEE PROPOSAL TAB
City of Elgin, Illinois
AIRLITE WTP IMPROVEMENTS CONSTRUCTION ENGINEERING
SERVICES
August 26, 2011
Proposal Evaluation Results
Firm's Name Evaluators Total
1 2 3 4 5 Score
Burns & McDonnell 120 77 111 110 100 518
Engineering Enterprises, Inc. 111 62 99 70 93 435
Black & Veatch 95 40 73 55 89 352
Note: Maximum score is120 points
Fee Proposal Tabuluation
Burns & McDonnell $599,534.00
Engineering Enterprises, Inc. $649,209.00
Black & Veatch $729,600.00
4. PAYMENTS TO THE ENGINEER
A. For services provided the ENGINEER shall be paid in accordance with the hourly
rate schedule included in Attachment C. The total fee shall not to exceed five
hundred ninety nine thousand, five hundred thirty four dollars and zero cents
($599,534.00), regardless of the actual costs incurred by the ENGINEER unless
substantial modifications to the scope of the work are authorized in writing by the
DIRECTOR.
B. For outside services provided by other firms or subconsultants, the CITY shall
pay the ENGINEER the invoiced fee to the ENGINEER, plus five (5)percent.
C. Reimbursable expenses are included in Attachment D.
D. The CITY shall make periodic payments to the ENGINEER based upon actual
progress within 30 days after receipt and approval of invoice.
5. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the CITY.
Progress reports (2D above)will be included with all payment requests.
B. The ENGINEER shall maintain records showing actual time devoted and cost
incurred. The ENGINEER shall permit the authorized representative of the CITY
to inspect and audit all data and records of the ENGINEER for work done under
this Agreement. The ENGINEER shall make these records available at
reasonable times during the Agreement period, and for a year after termination of
this Agreement.
6. 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 task amounts set forth under Paragraph 4 above.
7. TERM
This Agreement shall become effective as of the date the ENGINEER is given a notice to
proceed and, unless terminated for cause or pursuant to Article 5, shall be deemed
concluded on the date the CITY determines that all of the ENGINEER's work under this
Agreement is completed. A determination of completion shall not constitute a waiver of
any rights or claims which the CITY may have or thereafter acquire with respect to any
term or provision of the Agreement.
8. NOTICE OF CLAIM
If the ENGINEER wishes to make a claim for additional compensation as a result of
action taken by the CITY, the ENGINEER shall give written notice of his claim within
15 days after occurrence of such action. No claim for additional compensation shall be
valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the
extent that such changes are included in writing signed by the CITY and the ENGINEER.
2
B. Comprehensive Automobile Liability. Comprehensive Automobile Liability
Insurance covering all owned, non-owned and hired motor vehicles with limits of
not less than $1,000,000 per occurrence for damage to property.
C. Combined Single Limit Policy. The requirements for insurance coverage for the
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 Engineers 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. A
Certificate of Insurance shall be submitted to the DIRECTOR as evidence of
insurance protection. The policy shall not be modified or terminated without
thirty (30) days prior written notice to the DIRECTOR.
13. CONSTRUCTION MEANS,METHODS,TECHNIQUES, SEQUENCES,
PROCEDURES AND SAFETY
The ENGINEER shall not have control over or charge of and shall not be responsible for
construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the construction, unless specifically
identified in the Scope of Services, except for the actual inspection and on-site
observation done by the ENGINEER itself.
14. 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, of 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 the Agreement by the CITY.
15. 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.
16. DELEGATIONS 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
4
24. INTERFERENCE WITH PUBLIC CONTRACTING
The ENGINEER certifies hereby that it is not barred from bidding on this contract as a
result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute
regarding bid rigging.
25. SEXUAL HARASSMENT
As a condition of this contract, the ENGINEER shall have written sexual harassment
policies that include, at a minimum,the following information:
A. the illegality of sexual harassment;
B. the definition of sexual harassment under state law;
C. a description of sexual harassment, utilizing examples;
D. the vendor's internal complaint process including penalties;
E. the legal recourse, investigative and complaint process available through the
Illinois Department of Human Rights, and the 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 the Human Rights
Act.
A copy of the policies shall be provided by ENGINEER to the Department of Human
Rights upon request 775 ILCS 5/2-105.
26. WRITTEN COMMUNICATIONS
All recommendations and other communications by the ENGINEER to the DIRECTOR
and to other participants which may affect cost or time of completion, shall be made or
confirmed in writing. The DIRECTOR may also require other recommendations and
communications by the ENGINEER be made or confirmed in writing.
27. 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 B. Jacobsen
Water Director
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER: Randall L. Patchett, P.E.
Associate
Burns & McDonnell, Engineering Company, Inc.
rik 1431 Opus Place
Downers Grove, II. 60515
6
r1/4
ATTACHMENT A
TO
AGREEMENT FOR ENGINEERING SERVICES
City: City of Elgin, Illinois
Engineer: Burns & McDonnell Engineering Company, Inc.
Project: Airlite Water Treatment Plant Improvements Project
GENERAL
In June of 2011, the City of Elgin issued an invitation for bids on the Airlite Water Treatment
Plant Improvements Project located at 74 North Airlite Street in Elgin, IL 60123. The project is
an upgrade of the existing Airlite Water Treatment Plant to 10 mgd.
The project will include demolition of the existing aeration basin and odor control building, rapid
mix basin, two solids contact clarifiers, one recarbonation basin, associated site piping, and two
valve access vaults. The project includes construction of one new influent flow metering vault,
one new aeration basin with fine bubble diffusers and rotary-lobe blowers, two new 60-foot
diameter upflow solids contact clarifiers, one new recarbonation basin, associated site piping,
valve vaults, and sitework. The project includes the removal of one existing booster pump and
replacement with a new, larger split-case centrifugal booster pump, addition of an ammonia
storage tank, addition of a dry polymer feed system, conversion of an existing ferric sulfate feed
system to store hydrofluosilicic acid, new hydrofluosilicic transfer and metering pumps,
construction of a new ferric sulfate feed building and associated pumping/storage equipment, and
installation of a new pre-fabricated metal electrical building to house new plant switchgear and
motor starters.
The Scope of Services for this Agreement consists of providing consultant engineering services
for the construction for the Airlite Water Treatment Plant Improvements Project (Project). The
Scope of Services is presented below.
Scope of Services
Engineer will provide the following services to the City for the Project.
Task 1 a-Review Contractor Submittals
Engineer will review shop drawings and data submitted by construction contractors for
compliance with the drawings and specifications. Engineer will provide a stamped or written
response to each submittal with the appropriate action to be taken by the Contractor. As part of
this task, Engineer will develop and maintain a shop drawing review log that will include receipt
dates, review status and conformity information for the submittals required to be made by the
Contractor. The log will be maintained throughout the construction phase of the Project.
Copies of the submittals will also be maintained in our office. A copy of each submittal will be
forwarded to the City after completion of the review of each submittal.
As part of Task 1 a, Engineer will respond to written and telephone requests by the Contractor for
clarification of the contract documents. Engineer will also coordinate and review reports on tests
City of Elgin,Illinois A-1
Airlite Water Treatment Plant Improvements Project
Sufficient investigation will be performed to certify that the construction and demolition debris is
suitable for off-site disposal at clean construction and demolition debris landfills. In the event
that impacted soils are identified, Engineer will notify the City and the Contractor within once
calendar day of identification.
Scope of services includes investigating and certifying that the soil generated from the site meets
the requirements of clean construction demolition debris. Scope of services does not include
remediation and disposal of impacted material.
Task if-Review Contractor Pay Request Submittals
Engineer will review Contactor's monthly pay requests and compare each request with the work
completed. Engineer will verify the pay request is consistent with the work completed and make
recommendations to the City regarding payments to the Contractor. Pay request reviews will
include updates on work progress, current issues of concern, and anticipated progress. Engineer
will also verify that certified payrolls,waivers of lien and other required documents are included.
Task 1 g—Assist with Change Orders,and Assist with Project Closeout
Engineer will receive, review, and respond to questions received from the Contractor regarding
the intent of the project design as necessary to clarify and interpret the Contract Documents.
Engineer will modify the contract documents in accordance with industry standards, if warranted,
based on the Contractor questions.
Engineer will provide assistance to the City in the preparation of Contract Change Orders as
necessary during the construction of the Work. Engineer will prepare documents as necessary to
request and obtain proposals from the Contractor for the desired changes to the project. Change
order documentation and justification will be prepared for all changes that are implemented on
the Project.
Engineer will coordinate and participate in a project walk-through with the Contractor and the
City to identify and document any work items that need to be repaired or completed before the
project can be closed out. Engineer will maintain a record of the corrective actions taken by the
Contractor; and when an item is completed Engineer will notify the City in writing of its
completion and that final payment can be made to the Contractor subject to compliance with all
legal requirements.
Project close-out assistance provided by Engineer will include review of Contractor warranty
submittal,Contractor insurance'submittals and Contractor bond submittals.
Engineer will assist the City in obtaining all operation and maintenance manuals and other
materials required for substantial completion. This is important as the City will likely operate the
new facility prior to project close-out.
Task 1 h—Provide Record Drawings
Upon completion of the work, Engineer will revise construction drawings to conform to
construction records. The record drawings will be based on revising a copy of original contract
drawings, reflecting changes made during construction. Two paper copies of the record drawings
will be submitted to the City. In addition Engineer will submit the record drawings electronically
on CD-ROM as AutoCAD files for permanent record. The project will be registered into the
Illinois NAD 83 East State Plane Coordinate System with units in feet.
City of Elgin,Illinois A-3
Airlite Water Treatment Plant Improvements Project
Attachment B-Airlite Water Treatment Plant Improvements Project
�` ��,, City of Elgin
ort:°T- 2011 Airlite Water Treatment Plant Improvements Burns&
Project Schedule McDonnell
SINCE 7898
August 22,2011
2011 2012 2013
PROPOSED PROJECT TASKS Sep Oct Nov Dec Jan Feb Mar A•r May Jun Jul Aug Sep Oct Nov Dec Jan Feb. Mar '. A•r
Notice Construclion Phase Services StelOctober 3,2011] '
1.Task la-Review Contractor Submittals MEI 1*` ■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■�■MilliMINIIIM_■■■■■■■■■■_E
Task lb•Provide Full Time Construction Resident Inspector(See Below E=ee3 iR a«meaLi r n � ETA ' rEM •� s f tAJ A n J ■■
Task 1c-Provide SWPPP Inspection Services E_ El E °["'� " a _ �'a PM-ae `.� :c ''l i;,.zi.., s'in t_u.L.._i..!N■N
Tasktd-Provide Construction Material Testing Services NM RIZIM IN EISMI OE PA kg VA EfLOMENE - LIAM tiffil rtWIMaZii krth':'=L :1■■N■■N■Imil
e�e�eeee�e��eeeee�
Task le-Provide CCDD Support j■■ N■■■■■■NM■N�■■N■■N■■E■■IM■■■■MINE■■N■M■�TA�1111■■■■■■■■NINE
Task lf-Review Contractor Pay Request Submittals EEMEE■NE■E ME■ ■EM EMI ■■■ ■MM ■NM' NE■ NMI E■■ E■N ■ME ■t .I■a■IEAIIMM
Task 1g•Assist With Change Orders&Project Closeout M■ME■EMEEEIMMMM■■■SEE■M■E■■E■E■E■E■MM■M■■EE■■E�■_■_M_■_■-■■■ . ..< N■■_
Task 11,-Provide Record Drawings ■■■■■■■■E■M■M■M■E■MM■E■■EM■E■■■EI■MMME■■MM■M■E■-EE■■■ ■IN ■
Task 1i•Provide Plant Start-Up Assistance ■■■■NE■■■■■IM■■■ ■■■■IN■ENN■■M■■NE■■M■■■NE■■-M■M■E?' -a` .. >-:" 'd ■■■■■■■_M
Task 2a-Provide OC/C1A Review 1111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIII MIMI IuIIIIIIII I
M Key Date
rod co aN,(5,0 On.Ma..elll
Attachment C-City of Elgin
.0 o,■,„ Construction for Airlite Water Treatment Plant I mprovements
ti
Estimated Engineering Feesfor Construction Services Tiurns
.• " August 22,2011 McDonnell
t. hR K, FT-71 .. 'Y fir$'
;' . _ Rvh�..»3 .+�ua'. a^MSC \ q g &3
-----------_---
-----------MEIN MN=--
1.Construction Phase Services(Requested) ---------------
la Review Contractor Submittals tldS --0®--®------ $0.00 $60,780.00
lb.Provide Full Time Coneruion Reddt In .. of -MEIN--NM=-II1==MEM=EMI=MIN-- $24,000 CO 9•00 $390.820.00
lc.Provide SWPPPInspetionServices ------ ------ $0.00 $6,850.00
td.Provide Construction Material Testing Services ----------MOM- 535.000.00 $0.00 $35.000.00
la.Provide CCDD Support =11111.MIMI'EMI.ME=1111111111111111.=EMI=ME OMNI IMMIII $$00.00 mop $7,880.00
if.Review Contractor Pay R-• Submittals ------0------ $0.00 $9,440.00
1g.Assist with C C . •-Orders&ProjectCloseout -0=I= 20 -=MN 0 MIN MIME-=NM-MIII=1 s0.00 912.54000
1 h.Provide Record DraM ngs -0----Ell==MIMI--D ME=S $000
1i.F0de Mail 51191-U•Asa 19i00 ---X000------ $0.00 $19,960.00
2.Construction PhaseServiaes Additional) -_-------------
2a Provide QC/QA Review -MIEN-0=MINI--=INN MIME MINN MINIM-- $0A0 $10,800.00
---------------
Total tars 0 192 70 300 70 30 3345 32 160 160 200 8
Hourly Billing Rae 15 71.00 $150.00 $150.00 $138.00 $j $0 1E 00.00 15 18.00 0100.0Q 596.00 $96.OQ $85.00 ;sem
Subtatas Saco 508,800.00 $10.500.00 $41.400.00 $9,240.00 $3,000.00 $394,710.CO $3,200.00 $15,960.00 $16380.00 $17,000.00 $464.00 680,500.00 $0.011 $589,534.00
Total Hours 4567
Total Fee $599,534.00 1...) J J • .
Attachment D — Reimbursable Expenses B, r ,
McDonnell
City of Elgin—Airlite Water Treatment Plant Improvements Project
13-C
Company Reprographics: Page 1 through Page 3
Vehicle Rates: Page 1
(Pik
Company Reprographics
Billing Schedule
Central Reprographics Only
(Color Volume Discounts- per page)
Effective Date
January 1,2011 81/2x11 to 81/2x14 11x17
1 -2500 $0.70 $1.40
PHOTOCOPY 2501 -7500 $0.65 $1.30
7501 - 15000 $0.60 $1.20
The photocopy process is used for either black and 15001 -25000 .$0.55 $1.10
white or color copies/prints up to 11x17. Stock used can
be from 20 lb.bond to 70 lb. cover weight, including 25001 -up $0.50 $1.00
index tabs.This process is best utilized by:
* Larger than 11 x 17 - See Large Photocopy
• Book printing • Specification covers
• Letters and memos • Report covers Handwork:Labor-charge$32.50 per hour.
• Line drawings • Specifications
• Manuals Addendums Overtime work will be billed at$48.50 per hour.
• All preliminary • Single-color newsletters Minimum overtime charge is one hour.
documents
• Forms • Meeting notes Binding/Finishing
PHOTOCOPY-Imaging/Printing on 20 lb.bond Up to 11x17
'4111)
B/W Copies/Prints 3 Hole Drill Per Drill $0.40
Folding(machine) Per Page $0.03
81/2x11 to 8'/2x14 $0.08
11x17 $0.16 Folding(by hand) Per Page $0.10
Staple(machine) Per Staple $0.02
Color Copies/Prints Staple(by hand) Per Staple $0.04
81/2x11 to 81/2x14 $0.70 Edge Bind Per Book $2.00
11x17 $1.40 Acco Bind Per Book $2.00
Velo Bind .Per Book $2.15
Central Reprographics Only Standard Bind ...Per Book $3.00
(B/W Volume Discounts - per page)
GBC Plastic Bind Per Book $3.33
81/2x11 to 81/2x14 11x17 Screw Post Bind Per Post .$1.50
1 - 2500 $0.08 $0.16 Hand Inserting Per Page $1.50
2501 -7500 $0.07 $0.14
7501 - 15000 $0.06 $0.12 Laminating
15001 - 25000 $0.05 $0.10 Double Sided
25001 -up $0.04 $0.08 8.5 x 11 EA $2.50
11 x 17 EA .$4.00 Aii)
The rates shown above are effective for services through December 31,2011,and are subject to revision thereafter.
REPROI I 1
LARGE FORMAT
filik PHOTOCOPY/PRINTING/PLOTTING
Copies up to 36" wide are available on the OCE TDS DISCOUNT TABLE/CENTRAL REPROGRAPHICS
800/600&TCS 500 scanner printers. These copiers offer Square footage rounds up
a 25%reduction to 400%enlargement. These copiers scan Over 3,000 Sq. Ft.Per Order Unit Price
the original drawings into memory then print the required
number of sets.All plots will be on bond copy,vellum,or B/W Color
mylar at client's request.This process is best utilized by:
12x18 $0.42 .$10.80
•Approval sets
• Draft sets 15x21 $0.63 .$16.20
• Preliminary sets
•Bid sets full or half size 18x24 $0.63 .$16.20
These devices produce very high resolution, especially on 22x34 $1.26 .$32.40
dot patterns, solids,photos, etc.
24x36 $1.26 .$32.40
28x40 $1.68 .$43.20
Unit Price B/W=$0.28 sf Color=$6.00 sf
Square footages rounds up 30x42 $1.89 .$48.60
B/W Color 34x44 $2.31 .$59.40
12x18 .$0.56 $12.00 36x48 $2.52 .$64.80
15x21 .$0.84 $18.00
18x24 $0.84 $18.00
Finishing
22x34 .$1.68 $36.00 Folding (by hand) .SF ..$0.20
24x36 $1.68 $36.00 Staple(by hand) .Per Staple $0.04
28x40 $2.24 $48.00 Staple with edge binder Per Set .$5.00
30x42 $2.52 $54.00 Standard Bind Per Set .$6.00
34x44 $3.08 $66.00 Post bind Per Post $1.50
36x48 .$3.36 $72.00
Handwork will be charged if total time needed to
Larger than 12 sq. ft.: complete is more than 15 minutes.
Actual square footage x$0.28 per sq. ft. B/W Labor charge is$32.50 per hour.
Actual square footage x$6.00 per sq. ft. Color
Overtime will be billed at$48.50 per hour.
For vellum, add $0.12 per sq. ft. Minimum overtime charge is one hour.
For mylar add$0.70 per sq. ft.
rk
The rates shown above are effective for services through December 31,2011,and are subject to revision thereafter.
REPRO11 2
SCANNING 411)
SMALL FORMAT
Scanning to file up to 11x17 black&white
1-500 Scans $0.08 per page
Over 500 Scans $0.07 per page-Central Reprographics Only
Scanning to file up to 11x17 color $0.70 per scan
LARGE FORMAT
Scanning to file larger than 11x17 black&white.
1-1000 scans $2.65 per scan
1001 and above scans $1.00 per scan-Central Reprographics Only
Scanning to file larger than 11x17 color $10.00 per scan
CD Burn(1-10) $8.00 each
CD Burn(11+) $5.00 each
41111)
The rates shown above are effective for services through December 31,2011,and are subject to revision thereafter.
REPROI I 3
Company Vehicle
(' Bi1ling Schedule
For needs involving vehicle types that do not appear in
the following table, charges will be established from
prevailing market prices for the vehicle,miles it
Effective Date travels,and insurance. For situations requiring higher
January 1,2011 insurance limits than required by statue,a vehicle high
insurance limits charge can be prepared.
Burns&McDonnell fleet vehicle use is charged using Base Rate
an assigned time component and a miles traveled Type of Mileage
component. The assigned time component provides Vehicle Daily Weekly Monthly Charge
for daily,weekly and monthly durations. The miles Sedan,4 dr $58 $290 $1,160 $0.29
traveled component relates to variable costs such as
fuel, lubrication,tires,maintenance, routine cleaning, Van 65 325 1,300 0.34
etc. Van, 12-15
The daily charge applies when a vehicle is assigned for Passenger 107 536 2,140 0.35
7 days or less. The daily charge is for each 24-hour Truck-2WD 50 250 1,000 0.32
period or fraction thereof. Pickup, 1/2T
The weekly charge applies when a vehicle is assigned Truck- 4WD 60 300 1,200 0.35
for more than 7 consecutive days and less than 6
Pickup, 1/2T
continuous weeks. For fractions of a week over 7
consecutive days,the weekly rate will be prorated by Truck-2WD 60 300 1,200 0.32
the number of days and fractional days the vehicle is Pickup, 1/2T C.C.
assigned(one-seventh per calendar day). Truck-2WD 55 275 1,100 0.32
rk The monthly charge applies when a vehicle is assigned Pickup, 1/2T Ext. C.
for more than 6 continuous weeks. For fractions of a Truck-4WD 68 338 1,350 0.35
month over 6 continuous weeks,the monthly rate will
Pickup, 1/2T C.C.
be prorated by the number of months and fractional
months the vehicle is assigned(one thirtieth per Truck-4WD 64 319 1,275 0.35
calendar day). Pickup, 1/2T Ext. C.
Employee-owned vehicles are charged at the per mile Truck-4WD 62 310 1,240 0.36
amount allowed by the Internal Revenue Service for Pickup,3/4T
business miles. Vehicles rented at destinations as part Truck-4WD 70 490 1,960 0.36
of short duration travel, such as airports,are charged Pickup-3/4T C.C.
per the receipt amount from the rental company,plus
fuel, insurance,and other directly applicable amounts Truck- 2WD 65 325 1,300 0.35
such as extra cleaning. Pickup, 1 TN
Truck-4WD 75 375 1,500 0.36
Pickup, IT
SUV-4WD 65 325 1,300 0.35
Utility Trailer 15 75 300
rik
These rates are effective through December 31,2011,and are subject to revision thereafter.
VEHICLE11.DOC