18-22 Resolution No. 18-22
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH STANLEY CONSULTANTS,
INC. FOR ENGINEERING SERVICES RELATED TO THE WELL 5A UPGRADES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Richard G. Kozal, 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 Stanley
Consultants, Inc. for engineering services related to the Well 5A upgrades, a copy of which is
attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: February 28, 2018
Adopted: February 28, 2018
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this 28 day of February 2018, by and
between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as
"CITY") and STANLEY CONSULTANTS, INC. (hereinafter referred to as "ENGINEER").
WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional
services in connection with the City of Elgin Well 5A Upgrades (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 Interim Water
Director of the CITY, herein after referred to as the "DIRECTOR".
B. The PROJECT Scope of Services includes four primary tasks:
1. Task 1: Inspect Well 5A and associated discharge line.
2. Task 2: Prepare recommendations and work plan.
3. Task 3: CITY review.
4. Task4: Design improvements, prepare documents, &assist w/bidding.
5. Task 5: Provide services during construction.
C. A detailed Scope of Services is attached hereto as Attachment A.
2. PROGRESS REPORTS
A. The outline PROJECT milestone schedule includes:
1. Task 1: February 9, 2018
2. Task 2: March 23, 2018
3. Task 3: April 13, 2018
4. Task 4: July 11, 2018
5. Task 5: To be determined.
B. A detailed PROJECT schedule is included as Attachment B, attached hereto.
Progress will be recorded on the PROJECT schedule and submitted monthly as a
component of the Status Report described in C below.
C. The ENGINEER will submit to the DIRECTOR monthly 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 product prepared by the ENGINEER pursuant hereto including, but not limited
to, reports, plans, 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 product for its records. ENGINEER'S execution of this Agreement
shall constitute ENGINEER'S conveyance and assignment of all right, title and interest,
including but not limited to any copyright interest, by the ENGINEER to the CITY of all
such work product prepared by the ENGINEER pursuant to this Agreement. The CITY
shall have the right either on its own or through such other engineers as determined by the
CITY to utilize and/or amend such work product. Any such amendment to such work
product shall be at the sole risk of the CITY. Such work product is not intended or
represented to be suitable for reuse by the CITY on any extension to the PROJECT or on
any other project, and such reuse shall be at the sole risk of the CITY without liability or
legal exposure to the ENGINEER.
4. PAYMENTS TO THE ENGINEER
A. For services provided, the ENGINEER shall be paid at the rate of 3.15 times the
direct hourly rate of personnel employed on this PROJECT, as set for the in
Attachment C,with the total fee not to exceed$91,934 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 and such amounts, if any, are
included in the total not-to-exceed amount in Paragraph 4A above.
C. The estimated expenses for automobile mileage, tolls, printing and other
miscellaneous items is $1,800 and such amounts, if any, are included in the total
not-to-exceed amount in Paragraph 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. Said periodic
payments to the ENGINEER shall not exceed the amounts shown in the following
schedule, and full payments for each task shall not be made until the task is
completed and accepted by the DIRECTOR.
Task Amount
1 & 2 $26,058
3 $0
4 $45,929
5 $19,947
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5. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress
reports (2C 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 6, 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. 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
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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.
ENGINEER hereby further waives any and all claims or rights to interest on money
claimed to be due pursuant to this Agreement, and waives any and all such rights to interest
which it claims it may otherwise be entitled pursuant to law, including,but not limited to,
the Local Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the
Illinois Interest Act(815 ILCS 205/1,et seq.),as amended. 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. The
provisions of this paragraph shall survive any expiration, completion and/or termination of
this Agreement.
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 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.
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.
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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 $500,000 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.
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.
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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 advanced 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.
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.
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.
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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;
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. SUBSTANCE ABUSE PROGRAM.
As a condition of this agreement,ENGINEER shall have in place a written substance abuse
prevention program which meets or exceeds the program requirements in the Substance
Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such
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policy shall be provided to the City's Assistant City Manager prior to the entry into and
execution of this agreement.
27. 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.
28. 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:
Eric Weiss, PE
Interim Water Director
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER:
Tony Mardam, PE
8501 West Higgins Road
Suite 730
Chicago, IL 60631-2801
29. 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. 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.
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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:
By:gffi''i_ �.►�s By: /
/t �
City Manager
Name/Print: Tony Mardam
Title: Vice President
Ate
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City Clerk
F:\Legal Dept\Agreement\ENGINEERING AGREEMENT-FORM-01-23-12.docx
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ATTACHMENT A
SCOPE OF SERVICES
ENGINEER will provide the following Professional Services associated with inspection,
evaluation, design, permitting, bidding and assistance during construction for City of Elgin Well
5A Improvements.
PART 1 -BASIC SERVICES
ENGINEER scope of work will include the following tasks:
Task 1: Inspect Well 5A &the associated discharge line:
(1) Review of provided Data, Site Survey and Inspection
ENGINEER will review the available existing Well 5A data that can be provided by
the CITY, such as as-built drawings,pump and motor maintenance records, inspection
data, and water well reports.
ENGINEER will conduct a condition assessment of the well including structures and
equipment such as the dry pit, piping, valves and electrical cabinets. The area is prone
to flooding during rain events. Therefore, site conditions such as existing grading and
drainage patterns will be evaluated.
ENGINEER will assist the CITY with a pumping test to establish the current condition
of the well pumping equipment and of the well itself ENGINEER will compare this
data to the original pumping curves for the pump and performance measures for the
well.
(2) Assess Feasibility of Improvements
Based on the provided well information, the inspection and site assessment,
ENGINEER will develop a list of recommended improvements and additional items to
potentially investigate. From this list, ENGINEER will work with CITY to develop a
work plan to layout those immediately needed improvements and longer-term repairs
based on both the severity of the issues and the associated costs. The assessment with
include consideration of the following:
1. Raising of well equipment and structures to avoid surface water runoff
into the pit and the electrical cabinets.
2. Replacement of the existing well pump.
3. The feasibility and benefit of installing a long string casing to the top of
the Ironton Galesville formation (as recommended in the City's 2010
Water Comprehensive Master Plan). The 22" outer casing of the well
has an inner 18" casing down to the mid-point of the Galena limestone
aquifer.
4. Investigation of the well water quality issues with occasional bacteria
colonies in water samples and the strong hydrogen sulfide smell from
the water.
5. Lining the existing water line from the well to the water plant. It was
noted during the ENGINEER'S site visit that there had been a water
main break which could be a potential source of ground water
infiltration. ENGINEER will consider the installation of a check valve
within the pit to maintain pressure in the system when the pump is off.
Following additional investigation, the recommended improvements will be assessed
based on feasibility and cost associated. The primary focus of the improvements will
be to eliminate any source of water intrusion/infiltration and to assure the operation of
the well is reliable.
Task 2: Recommendations and Work Plan
ENGINEER intends to work with the CITY's staff to develop a work plan for Well 5A
and to help prioritize projects based on your knowledge of the system, existing funds
available for this project, and future anticipated funds.
Recommend Improvements: ENGINEER will provide a work plan with options and steps
to minimize water infiltration/intrusion. Probable construction costs for each of the
improvement will be provided.
(1) Additional improvements.
Based on the condition assessment of the equipment and overall system, as well as
discussion with CITY and staff, additional improvements may be needed, which will
also be presented to the CITY in the work plan.
Task 3: CITY Evaluation and Recommendation, Commence with Design of Selected
Improvements
CITY Evaluation and Recommendation: It is anticipated that the CITY will require two
weeks to review the recommendations and further discussions may be necessary in the
selection of improvements from the work plan. Additionally,a meeting with the permitting
agencies may also be required.
(1) Once approval of the selected improvements is given, ENGINEER will begin
design of the recommended improvement.
(2) ENGINEER will include additional requested work such as maintenance of two
additional vertical turbine pumps at the Riverside Water Treatment Facility.
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Task 4: Prepare Design and Bidding Documents for Approved Improvements;Assist with Bidding
(1) Prepare design and bidding documents
ENGINEER will provide two(2) submittals—50%and 90%plans and specifications to
the CITY. Permitting will occur with the 90% design submittal. Cost estimates will
be provided with each submittal. The contract may be amended once the final scope
of work of the design has been defined and approved by the CITY.
(2) Bidding
Issued for construction drawings and specifications will be prepared by the
ENGINEER and distributed to contractors. ENGINEER will provide bidding
assistance as requested by the CITY.
Task 5: Construction Services
ENGINEER will provide assistance during construction, including the review of
submittals, responding to RFIs, review of applications for payment and construction
observation services. The hours allocated to the construction phase will depend greatly
on the type of work that is needed. The contract may be amended when the CITY has
determined the needed services.
PART 2 -CONDITIONS OF SERIVCE
1. Adding an additional, smaller diameter casing will limit the size of the pump that can be
installed in the well and thereby decrease the flow rate from the well, which is currently
not preferred. Therefore, a casing should be only be considered if the static water level,
and pumping levels are problematic as a result of cascading of water between the
formations or if the existing casing is damaged. Therefore, video inspection of existing
casing is recommended but not included in the ENGINEER's services.
2. The ENGINEER's services do not include legal land surveys,property ownership searches,
or geotechnical investigations. CITY will obtain property entry rights from any owners for
performing land survey and geotechnical investigation services found to be needed for the
PROJECT.
3. All cost estimates presented during the design phase are ENGINEER's opinions of
probable project,construction, and/or operation and maintenance costs. Cost estimates are
made on the basis of our experience and represent our best judgment. ENGINEER has no
control over cost of labor,materials, equipment, contractor's methods, or over competitive
bidding or market conditions. Therefore, ENGINEER does not guarantee that proposals,
bids,or actual construction costs will not vary from estimates of project costs, construction,
and/or operation and maintenance costs presented.
4. Bidding documents will be provided to prospective bidders as electronic documents.
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5. Disagreements between CITY and Contractor. Render formal written decisions on all
claims of CITY and Contractor relating to acceptability of Contractor's work or
interpretation of requirements of Contract Documents pertaining to execution and progress
of Contractor's work shall be final. In rendering such decisions, ENGINEER shall be fair
and not show partiality to CITY or Contractor and shall not be liable in connection with
any decision rendered in good faith in such capacity.
6. Payment application review shall be based predominantly on review and input from
CITY's on-site construction observer supplemented by ENGINEER's observations during
infrequent site visits as an experienced and qualified design professional, and on review of
Applications for Payment and accompanying supporting documentation.
7. Determine amounts that ENGINEER recommends Contractor be paid. Such
recommendations for payment will be in writing and will constitute ENGINEER's
representation to CITY, based predominantly on input from CITY's on-site construction
observer supplemented by ENGINEER's observations during infrequent site visits, and
review,that,to best of ENGINEER's knowledge,information and belief,Contractor's work
has progressed to point indicated, quality of such work is generally in accordance with
Contract Documents(subject to evaluation of Work as a functioning whole prior to or upon
Substantial Completion,to results of any subsequent tests called for in Contract Documents
and to any other qualifications stated in the recommendation), and conditions precedent to
Contractor's being entitled to such payment appear to have been fulfilled in so far as it is
ENGINEER's responsibility to observe Contractor's work.
8. By recommending any payment, ENGINEER shall not thereby be deemed to have
represented that observations made by ENGINEER to check quality or quantity of
Contractor's work as it is performed and furnished have been exhaustive, extended to every
aspect of Contractor's work in progress, or involved detailed inspections of Work beyond
responsibilities specifically assigned to ENGINEER in this Agreement and Contract
Documents. Neither ENGINEER's review of Contractor's work for purposes of
recommending payments nor ENGINEER's recommendation of any payment including
final payment will impose on ENGINEER responsibility to supervise, direct, or control
Contractor's work in progress or for means,methods, techniques, sequences, or procedures
of construction or safety precautions or programs incident thereto, or Contractor's
compliance with Laws and Regulations applicable to Contractor's furnishing and
performing the Work. It will also not impose responsibility on ENGINEER to make any
examination to ascertain how or for what purposes Contractor has used moneys paid on
account of Contract Price, or to determine that title to any portion of work in progress,
materials, or equipment has passed to CITY free and clear of any liens, claims, security
interests, or encumbrances, or that there may not be other matters at issue between CITY
and Contractor that might affect amount that should be paid.
9. Duration of Construction Phase. Construction Phase will commence with execution of first
Construction Agreement for PROJECT or any part thereof and will terminate upon written
recommendation by ENGINEER for final payment to Contractor.
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10. ENGINEER shall not be responsible for acts or omissions of any Contractor,of any of their
subcontractors, suppliers, or of any other individual or entity performing or furnishing any
of Work. ENGINEER shall not be responsible for failure of any Contractor to perform or
furnish the Work in accordance with Contract Documents.
11. The purpose of ENGINEER's visits to Site will be to enable ENGINEER to better carry
out duties and responsibilities assigned to and undertaken by ENGINEER during
Construction Phase, and, in addition, by exercise of ENGINEER's efforts as an
experienced and qualified design professional, to provide for CITY a greater degree of
confidence that completed Work will conform in general to Contract Documents and that
integrity of design concept of completed PROJECT as a functioning whole as indicated in
Contract Documents has been implemented and preserved by Contractor. ENGINEER
shall not, during such visits or as a result of such observations of Contractor's work in
progress, supervise, direct, or have control over Contractor's work, nor shall ENGINEER
have authority over or responsibility for means, methods, techniques, sequences, or
procedures of construction selected by Contractor, for safety precautions and programs
incident to Contractor's work, or for any failure of Contractor to comply with Laws and
Regulations applicable to Contractor's furnishing and performing the Work. Accordingly,
ENGINEER neither guarantees performance of any Contractor nor assumes responsibility
for any Contractor's failure to furnish and perform its work in accordance with Contract
Documents.
12. Defective Work. Recommend to CITY that Contractor's work be disapproved and rejected
while it is in progress if, on basis of such observations, ENGINEER believes that such
work will not produce a completed PROJECT that conforms generally to Contract
Documents or that it will prejudice integrity of design concept of completed PROJECT as
a functioning whole as indicated in Contract Documents.
PART 3 -ADDITIONAL SERVICES
ADDITIONAL SERVICES are not included in the BASIC SERVICES but can be performed by
ENGINEER if requested by the CITY. Additional services will only be performed as authorized
by the CITY.
1. Additional meetings beyond those listed in BASIC SERVICES.
2. Visits to Project Site or attend meetings beyond extent indicated under BASIC SERVICES.
3. Additional RFIs and Change Orders.
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ATTACHMENT B
PROJECT SCHEDULE
Period
Schedule Start End (weeks)
Notice to Proceed 14-Jan-18
Task 1: Inspect Well 5A &the associated
discharge line 14-Jan-18 9-Feb-18 4
Task 2: Recommendations and Work Plan 9-Feb-18 23-Mar-18 6
Task 3: City Evaluation and Recommendation,
Commence with Design of Selected
Improvements 23-Mar-18 13-Apr-18 3
Task 4: Prepare Bidding Documents for
Approved Improvements; Assist with Bidding 13-Apr-18 11-Jul-18 12
Task 5: Provide Assistance during Construction TBD TBD TBD
Schedule Notes:
1. Anticipated time frame for task 4 through completion of IFC documents is 12 weeks
(assuming 2 week review at 30% and 90% submittals).
3. Permit review periods can vary and may impact final document timelines.
ATTACHMENT C
411b,
Stanley Consultants
HOURLY FEES AND CHARGES
Fiscal Year 2017-2018
L Compensation for office-based personnel in the contiguous United States for time in the performance of the
work shall be in accordance with the following Hourly Fees:
Classification Hourly Fee Classification Hourly Fee Classification Hourly Fee
BC-1 38.00 BC-11 132.00 BC-21 251.00
BC-2 48.00 BC-U 147.00 BC-22 266.00
BC-3 56.00 BC-13 155.00 BC-23 282.00
BC-4 65.00 BC-14 167.00 BC-24 297.00
BC-S 75.00 BC-15 179.00 BC-25 312.00
BC-6 84.00 6C-16 192.00 BC-26 326.00
BC-7 93.00 BC-17 202.00 BC-27 383.00
BC-8 102.00 6C-18 213.00 BC-28 488.00
BC-9 111.00 BC-19 225.00
BC-10 119.00 BC-20 238.00
Travel time in the interest of the work and away from the assigned office,either local or intercity,will be
charged in accordance with the foregoing schedule.
R. Compensation for iterrt of expense and other charges incurred in connection with the
performance of the work shall be in accordance with the following schedule:
Automobile 50.60/mile
Automobile Assigned to Project Site 546.00/cal.day
Four-Wheel Drive Vehicles 50.80/mile
Four-Wheel Drive Vehicles Assigned to Project Site 556.00/cal.day
Ground Transportation(rental car,taxi,etc.) At Cat Pius 10%
Air Travel(commercial and charter) At Cost Plus 10%
Living Expenses(away from assigned office) At Cost Pim 10%
Telephone and Facsimile At Cost Pim 10%
Equipment Rental At Cost Plus 10%
Laboratory Work At Cost Pito 10%
Soils Testing and Analysis At Cost Pio 10%
Outside Photographic Work At Cost Pir 10%
Duplicating Work (schedule supplied upon request)
Technical Testing and Surveying Equipment (schedule supplied upon request)
M. Compensation for purchases,items of expense,and other charges not scheduled above,incurred in connection
with the performance of the work,shall be at cost plus 10%.
TV. Interest at the rate of 11%per month will be charged on invoices not paid within 30 days.
V. Fees and charges are subject to revision on or after March 31,2018.
Stanley Canalsants Form BC_C 17-18
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