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1980-05-19 - Resolution 1980-21 - Approving the Contract Amendment for the Sewer System Evaluation Survey 4 r RESOLUTION NO. 80-21 A RESOLUTION APPROVING THE "CONTRACT AMENDMENT FOR THE SEWER SYSTEM EVALUATION SURVEY" WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove desire to cause the implementation of a Sewer System Evaluation Survey, and; WHEREAS, the approval of an amendment to the Engineering Service Agreement , dated June 5 , 1978 for the Sewer System Evaluation Survey for the Village of Buffalo Grove is required in order to pro- ceed with this necessary engineering of the project ; NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Buffalo Grove , Cook and Lake Counties , Illinois that the President and Clerk be , and they are hereby authorized and directed to execute the Letter Agreement entitled: "Contract Amendment - Sewer System Evaluation Survey" dated May 1 , 1980 . A copy of said contract is attached hereto and made a part hereof. AYES : 5 - Stone, O'Reilly, Hartstein, Kavitt, Gerschefske NAYS : 0 - None ABSENT : 1 - Marienthel PASSED: May 19 , 1980 APPROVED: Village President • ATTEST: - :y1.:17)1 . 6.1400-tcxi;', Village Clerk ./ 7 f 1 . • r cdortch LUG & associates Inc. CONSULTING ENGINEERS May 1 , 1980 Honorable President and Board of Trustees Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, Illinois 60090 Attn: Gregory Boysen, City Manager Director of Public Works Re: Contract Amendment Sewer System Evaluation Survey C172230 Gentlemen: We hereby propose to amend the Engineering Service Agreement, dated June 5, 1978, for the Sewer System Evaluation Survey for the Village of Buffalo Grove to include the following additional services: 1) Expansion of the smoke testing program proposed for sanitary sewers in Lake County from 95,000 lineal feet as called for in the Service Agreement to as much as 110,000 lineal feet; 2) Expansion of the random, spot smoke testing program for sanitary sewers in Cook County (originally estimated to be approximately 16,000 lineal feet) to a full program of testing, which shall include up to 150,000 lineal feet of sanitary sewers; and, 3) Additional inspections of up to 720 manholes located in Cook County which were not inspected as part of the random checking performed as called for in the Engineering Service Agreement. A plan of study, a discussion on the need for this additional work, and breakdowns of estimated engineering cost by task, are presented in the letter of March 13, 1980 from Warren & Van Praag, Inc. to the Village. It is our intent to include the findings of these additional tasks with the • survey work completed thusfar and present a combined summary of findings and recommendations in an Interim Report for Phases I and II of the SSES. The estimated engineering cost for the additional services herein described is $55,349.00. The fixed fee shall be $8,306.00. Following is a time schedule for completing Phases I and II , including the additional services herein pro- posed: May 30, 1980 - Complete data analysis of: a) flowmetering - Lake Co. & Cook Co. b) physical inspection - Lake Co. c) dyed-water flooding - Lake Co. & Cook Co. Formerly Warren & Van Praag, Inc. - Chicago Office 8303 WEST HIGGINS ROAD CHICAGO, IL 60631 TEL. (312) 693-3666 HEADQUARTERS:SHE€!OYGAN,WISCONSIN • • doflohUe s associates Inc. June 1 , 1980 - Receive authorization to proceed with additional services. • June 2, 1980 - Begin Manhole Inspection - Cook Co. June 30, 1980 —Complete Manhole Inspection - Cook Co. July 1 , 1980 - Begin Smoke Testing - Cook & Lake Co. August 15, 1980 - Complete Smoke Testing - Cook & Lake Co. September 30, 1980 - Complete Interim Report. This schedule is dependent upon: a) the occurrance of particular weather patterns which are "normal" to the time of year when the various tasks will be performed; and, b) timely approval of the proposed additional services by local , State and Federal governments. Should situations arise which affect this schedule, the Village will be notified. Regarding paragraphs 13 thru 30 of the Engineering Service Agreement dated June 5, 1978 to which the subject amendments are proposed, it was our intent by including these paragraphs in this contract to comply with USEPA 40 CFR Subpart E, Appendix C-1 - Required Provisions Consulting Engineering Agree- ments. The wording of paragraphs 13 thru 30 was included verbatum from the then current Appendix C-1 contained in the Federal Register. Since that time Appendix C-1 has been revised. It is our intent by this letter to incorporate by reference, the provisions of Paragraphs 1 thru 18 of Appendix C-1 as contained in the Federal Register Vol . 43, No. 188 - Wednesday, September 27, 1978, pages 44091 - 44093, a copy of which is attached hereto, as part of the subject contract amendment. Very truly yours, DONOHUE & ASSOCIATES, INC. ç � David P. Tulp, P.E. Division Manager DPT/JTR/lw Attachment ACCEPTED BY: ACCEPTED BY: Donohue & Associates, Inc. Village of Buffalo Grove o ( 11.4 — Title) ?c�,..1. Tit e " t;Vg 7 ATTEST: NoLATfl •1/43..ilLct o-ce .�, • RULES AND REGULATIONS • 44091 • or of any cause of action arising out of the • performance of this agreement. (d)The engineer shall be and shall remain • APPENDIX C-1—REQUIRED PROVISIONS— liable,in accordance with applicable law,for CONSULTING ENGINP.ERING AGR EMENITS all damages to the owner or EPA caused by 1.General the engineer's negligent performance of any 2.Responsibility of the Engineer of the services furnished under this agree• 3.Scope of Work scent, except for errors, omissions or other • 4.Changes deficiencies to the extent attributable to the • 5.Termination owner, owner-furnished data or any third 6.Remedies party.The engineer shall not be responsible 7.Payment for any time delays in the project caused by 8.Project Design circumstances beyond the engineeer's con- 9.Audit;Ar ess to Records trot Where innovative processes or tech- 10. Price Reduction for Defective Cost or niques(see 40 CFR 35.908)are recommend- Pricing Data ed by the engineer and are used, the engi- 11.Subcontracts neer shall be liable only for gross negligence 12.Labor Standards to the extent of such use. 13.Equal Employment Opportunity 3,SCOPE Or WORK 14. Utilization of Small or Minority Busi- ness The services to be performed by the engi- - 15.Covenant Against Contingent Fees neer shall include all services required to 16.Gratuities complete the task or Step in accordance 17.Patents with applicable EPA regulations (40 CFR 18.Copyrights and Rights in Data Part 35,Subpart E in effect on the date of execution of this agreement) to the extent 1.GENERAL of the scope of work as defined and set out (a)The owner and the engineer agree that in the engineering services agreement to the following provisions apply to the EPA which these provisions are attached. • grant-eligible work to be performed under s CHANGES this agreement and that such provisions su- persede any conflicting provisions of this (a)The owner may, at any time, by writ- agreement. ten order,make changes within the general • (b) The work under this agreement is scope of this agreement in the services or funded in part by a grant from the U.S.En- work to be performed.If such changes cause vironmental Protection Agency.Neither the an increase or decrease in the engineer's • United States nor the U.S. Environmental cost of.or time required for,performance of Protection Agency(hereinafter."EPA")is a any services under this agreement.whether party to this agreement. This agreement or not changed by any order, an equitable which covers grant-eligible work is subject adjustment shall be made and this agree- to regulations contained in 40 taerc 35.936, scent shall be modified in writing according- 35.937, and 35.939 in effect on the date of ly. The engineer must assert any claim for execution of this agreement. As used in adjustment under this clause in writing these clauses,the words"the date of execu- within 30 days from the date of receipt by tion of this agreement" mean the date of• the engineer of the notification of change, execution of this agreement and any subse- unless the owner grants a further period of quent modification of the terms,compensa- time before the date of final payment under tion or scope of services pertinent to unper- this agreement formed work. (b) No services for which an additional. (c) The owner's rights and remedies pro- compensation will be charged by the engi- vided in these clauses are in addition to any neer shall be furnished without the written other rights and remedies provided by law authorization of the owner. or this agreement. (c) In the event that there is a modifica- tion of EPA requirements relating to the s,RESPONSIBILITY OF THE ENGINEER services to be performed under this agree- (a) The engineer shall be responsible for scent after the date of execution of this the professional quality,technical accuracy, agreement, the increased or decreased cost timely completion, and the coordination of of performance of the services provided for all designs,drawings,specifications,.reports, in this agreement shall be reflected in an and other services furnished by the engi- appropriate modification of this agreement. neer under this agreement. The engineer s.TERMINATION shall,without additional compensation,cor- rect or revise any errors,omissions,or other (a)Either party may terminate this agree- deficiencies in his designs,drawings,specifi- scent,in whole or in part, in writing, if the cations,reports,and other services. other party substantially fails to fulfill its (b)The engineer shall perform such pro- obligations under this agreement through fessional services as may be necessary to ac- no fault of the terminating party.However, complish the work required to be performed no such termination may be affected unless under this agreement, in accordance with the other party is given(1)not less than ten this agreement and applicable EPA require- (10) calendar days written notice (delivered ments in effect on the date of execution of by certified mail, return receipt requested) this agreement. of intent to terminate and(2)an opportuni- (c) The owner's or EPA's approval of ty for consultation with the terminating drawings, designs, specifications. reports, party before termination and incidental engineering work or materi- (b) The owner may terminate this agree- als furnished hereunder shall not in any scent, in whole or in part,in writing,for its way relieve the engineer of responsibility convenience, if the termination is for good for the technical adequacy of his work.Nei- cause(such as for legal or financial reasons, ther the owner's nor EPA's review,approval major changes in the work or program re • - or acceptance of, nor payment for, any of quirements,Initiation of a new step)and the the services shall be construed to operate as engineer is given (1) not less than ten (10) a waiver of any rights unaer this agreement calendar days written notice (delivered by FEDERAL REGISTER, VOL 43, NO. 188—WEDNESDAY, SEPTEMSER 27, 1978 • 44092 - RULES AND REGULATIONS \.J - ' certified mail, return receipt requested) of withhold up to ten(10)percent of the you- (e) The engineer shall not knowingly intent to terminate. and (2)an opportunity chered amount until satisfactory completion specify or approve the performance of work - for consultation with the terminating party by the engineer of work and services within at a facility which is in violation of clean air before termination. a step called for under this agreement. or water standards and which is listed by (c)If the owner terminates for default,an When the owner determines that the work the Director of the EPA Office of Federal equitable adjustment in the price provided under this agreement or any specified task Activities under 40 CFR Part 15. for in this agreement shall be made,but(1) hereunder is substantially complete and no amount shall be allowed for anticipated that the amount of retained percentages is 9.AI DIT;ACCESS TO RECORDS profit on unperformed services or other in excess of the amount considered by him (a) The engineer shall maintain books, - work,and(2)any Payment due to the engi- to be adequate for his protection, he shall records, documents, and other evidence di- •neer at the time of termination may be ad- release to the engineer such excess amount. rectly pertinent to performance on EPA Dusted to the extent of any additional costs (c)No payment request made under para- grant work under this agreement in accord- the owner incurs because of the engineer's graph(a) or(b) of this clause shall exceed ance with generally accepted accounting default. If the engineer terminates for de- the estimated amount and value of the work principles and practices consistently ap- fault or if the owner terminates for conven- and services performed by the engineer plied,and 40 CFR 30.605,30.805;and 35.935- ience, the equitable adjustment shall in- wider this agreement. The engineer shall 7 in effect on the date of execution of this dude a reasonable profit for services or prepare the estimates of work performed agreement..The engineer shall also main- other work performed. The equitable ad- and shall supplement them with such sup- taro the financial information and data used justment for any termination shall provide porting data as the owner may require. - by the engineer in the preparation or sup- for payment to the engineer for services (d) Upon satisfactory completion of the port of the cost submission required under rendered and expenses incurred before the work performed under this agreement, as a 40 CFR 35.937-6(b) in effect on the date of termination, in addition to termination set- condition precedent to final payment under execution of this agreement and a copy of tlement costs the engineer reasonably this agreement or to settlement upon terms- the cost summary submitted to the owner. incurs relating to commitments which had nation of the agreement,the engineer shall The U.S.Environmental Protection Agency, become firm before the termination. execute and deliver to the owner a release the Comptroller General of the United (d) Upon receipt of a termination action of all claims against the owner arising under States, the U.S. Department of Labor, under paragraphs(a)or(b)above,the engi- or by virtue of this agreement, other than owner, and (the State water pollution con- 'neer shall (1) promptly discontinue all ser- such claims, if any, as may be specifically trol agency] or any of their duly authorized vices affected(unless the notice directs oth- exempted by the engineer from the oper- representatives shall have access to such • erwise), and (2) deliver or otherwise make ation of the release in stated amounts to be books, records, documents, and other evi- available to the owner all data, drawings, set forth therein. dence for inspection, audit, and copying. specifications, reports, estimates, summar- - The engineer will provide proper facilities les,and such other information and materi- a.PROJECT DESIGN for such access and inspection. als as the engineer may have accumulated (b) The engineer agrees to include pare- in performing this agreement,whether com- (a)In the performance of this agreement, graphs (a) through (e) of this clause in all pleted or in process. the engineer shall,to the extent practicable, his contracts and all tier subcontracts di- e) Upon termination under paragraphs provide for maximum use of structures,ma- rectly related to project performance that (a) or (b) above, the owner may take over chines, products, materials, construction are in excess of$10,000. . the work and prosecute the same to comple- methods, and equipment which are readily (c) Audits conducted under this provision 1 tion by agreement wit:, another party or available through competitive procurement, shall be in accordance with generally ac- otherwise. Any work the owner takes over or through standard or proven production cepted auditing standards and established techniques,methods,and processes,consist-1 for completion will be completed at theprocedures and guidelines of the reviewing owner's risk,and the owner will hold harm- ent with 40 CFR 35.936-3 and 35.936-13 in or audit agency(ies). less the engineer from all claime and dam- effect on the date of execution of this agree- (d)The engineer agrees to the disclosure 4 ages arising out of improper use of the engi- merit,except to the extent to which innova- of all information and reports resulting" neer's work. tive technology may be used under 40 CFR from access to records under paragraphs.(a) (f)If, after termination for failure of the 35.908 in effect on the date of execution of and(b)of this clause,to any of the agencies " engineer to fulfill contractual obligations,it this agreement. referred to in paragraph (a), provided that is determined that the engineer had not so (b)The engineer shall not,in the perform- the engineer is afforded the opportunity for failed, the termination shall be deemed to ance of the work under this agreement,pro- an audit exit conference and an opportunity I have been effected for the convenience of duce a design or specification which would to comment and submit any supporting doc- A the owner.In such event,adjustment of the require the use of structures, machines, umentation on the pertinent portions of the price provided for in this agreement shall be products, materials, construction methods, draft audit report and that the final audit made as paragraph (c) of this clause pro- equipment,or processes which the engineer report will include written comments of rea- vides. knows to be available only from a sole sonable length,if any,of the engineer. source, unless the engineer has adequately (e)The engineer shall maintain and make C.REMEDIES justified the use of a sole source in writing. available records under paragraphs (a) and Except as this agreement otherwise pro- (c)The engineer shall not,in the perform- (b) of this clause during performance on vides, all claims, counter-claims, disputes, ance of the work under this agreement,pro- EPA grant work under this agreement and and other matters in question between the duce a design or specification which would until 3 years from the date of final EPA owner and the engineer arising out of or re- be restrictive in violation of sec.204(a)(6)of grant payment for the project. In addition, lating to this agreement or the breach of it the Clean Water Act. This statute requires those records which relate to any"Dispute" will be decided by arbitration if the parties that no specification for bids or statement appeal under an EPA grant agreement, to hereto mutually agree,or in a court of com- of work shall be written in such a manner as litigation,.to the settlement of claims aris- petent jurisdiction within the State in to contain proprietary,exclusionary,or Gals- ing out of such performance, or to costs or which the owner is located. criminatory requirements other than those items to which an audit exception has been based. upon ,performance, unless such re- taken,shall be maintained and made avails,- 7.PAYMENT quirements are necessary to test or demon- ble until 3 years after the date of resolution (a)Payment shall be made in accordance strate a specific thing,or to provide for nec- of such appeal, litigation, claim, or excep- with the payment schedule incorporated In essary interchangeability of parts and tion. this agreement as soon as practicable upon equipment, or at least two brand names or 10.PRICE REDUCTION TOR DEF E(TIVE COST OR submission of statements requesting pay- trade names of comparable quality or utility merit by the engineer to the owner. If no are listed and are followed by the words"or PRICING DATA such payment schedule is incorporated In equal."With regard to materials,if a single (This clause is applicable if the amount of this agreement, the payment provisions of material is specified, the engineer must be this agreement exceeds$100,000.) paragraph(b)of this clause shall apply. prepared to substantiate the basis for the (a) If the owner or EPA determines that (b) The engineer may request monthly selection of the material. any price. including profit, negotiated in progress payments and the owner shall (d)The engineer shall report to the owner connection with this agreement or any cost make them as soon as practicable upon sub- any sole-source or restrictive design or specs- reimbursable under this agreement was in- mission of statements requesting payment fication giving the reason or reasons why it creased by any significant sums because the by the engineer to the owner. When such is necessary to restrict the design or specifi- engineer or any subcontractor furnished in- progress payments are made,the owner may cation. complete or inaccurate cost or pricing data FEDERAL REGISTER, VOL 43,NO. 188—WEDNESDAY, SEPTEMDER 27, 1978 L ...-1 ti RULES AND REGULATIONS 44093 or data not current as certified in his certifi- ticipate in the performance of EPA grant- programs (which are substantially paid for cation of current cost or pricing data (EPA assisted contracts and subcontracts, with EPA grant funds), technical reports, form 570041), then such price, cost, or operating manuals, and other work submit- profit than be reduced accordingly and the 15.COVENANT AGAINST CONTINGENT TEES led with a step 1 facilities plan or with a agreement shall be modified in writing to The engineer warrants that no person or step 2 or step 3 grant application or which reflect such reduction. selling agency has been employed or re- are specified to be delivered under this (b) Failure to agree on a reduction shall tained to solicit or secure this contract upon agreement or which are developed or pro- be subject to the remedies clause of this an agreement or understanding for a corn- duced and paid for under this agreement agreement mission, percentage, brokerage, or contin- (referred to in this clause as "Subject (Note,—Since the agreement is subject to gent fee,excepting bona fide employees.For Data") are subject to the rights in the reduction under this clause by reason of de- breach or violation of this warranty the United States, as set forth in subpart D of fective cost or pricing data submitted in owner shall have the right to annul this 40 CFR part 30 and in appendix C to 40 connection with certain subcontracts, the agreement without liability or in its discre- CFR part 30, In effect on the date of execu- engineer may wish to include a clause in tion to deduct from the contract price or tion of this agreement,These rights include each such subcontract requiring the subcon- consideration,or otherwise recover, the full the right to use,duplicate,and disclose such tractor to appropriately indemnify the engi- amount of such commission, percentage, subject data, in whole or in part, in any neer.It is also expected that any subcontrac- brokerage,or contingent fee. manner for any purpose whatsoever,and to tor subject to such indemnification will gen- have others do so. For purposes of this erally require substantially similar indemni- Ia.cRATt1ITtES clause, "grantee" as used in appendix C fixation for defective cost or pricing data re- (a)If it is found,after notice and hearing, refers to the engineer.If the material is co- quired to be submitted by his lower tier sub- by the owner that the engineer, or any of pyrightable, the engineer may copyright it, Contractors') the engineer's agents or representatives, of. as appendix C permits,subject to the rights fered or gave gratuities (in the form of en- in the Government in appendix C. but the 11.SUBCONTRACTS tertainment,gifts,or otherwise),to any offs- owner and the Federal Government reserve (a) Any subcontractors and outside asso- vial,employee,or agent of the owner,of the a royalty-free,nonexclusive,and irrevocable elates or consultants required by the engi- State,or of EPA in an attempt to secures license to reproduce, publish, and use such • neer in connection with services under this contract or favorable treatment in award- materials,in whole or in part,and to autho- agreement will be limited to such individ- ing, amending, or making any determine- rite others to do so. The engineer shall in- ::uals or firms as were specifically identified tions related to the performance of this elude appropriate provisionto achieve the and agreed to during negotiations,or as the agreement, the owner may, by written purpose of this condition in all subcontracts owner specifically authorizes during the notice to the engineer, terminate the right expected to produce copyrightable subject performance of this agreement. The owner of the engineer to proceed under this agree- data, must give prior approval for any substitu- went. The owner may also pursue other (b)All such subject data furnished by the Lions in or additions to such subcontractors, rights and remedies that the law or this engineer pursuant to this agreement are in- associates,or consultants- agreement provides. However,the existence struments of his services in respect of the (b)The engineer may not subcontract ser- of the facts upon which the owner bases project. It is understood that the engineer • vices in•excess of thirty (30) percent (or such findings shall be in issue and may be does not represent such subject data to be percent, if the owner and the engi- reviewed in proceedings under the remedies suitable for reuse on any other project or deer hereby agree)of the contract price to clause of this agreement. for any other purpose. If the owner reuses subcontractors or consultants without the (b) In the event this agreement is fermi- the subject data without the engineer's spe- owner's prior written approval- nated as provided in paragraph (a) hereof, cific written verification or adaptation,such the owner shall be entitled: (1) To pursue reuse will be at the risk of the owner,with- • 12,LABOR STANDARDS the same remedies against the engineer as it out liability to the engineer. Any such ver- To the extent that this agreement in- could pursue in the event of a breach of the ificatian or adaptation will entitle the engi- volves "construction" (as defined by the contract by the engineer,and(2)as a penal- neer to further compensation at rates Secretary of Labor), the engineer agrees ty, in addition to any other damages to agreed upon by the owner and the engineer. that such construction work shall be subject which it may be entitled by law,to exempla- to the following labor standards provisions, ry damages in an amount(as determined by to the extent applicable: the owner) which shall be not less than 3 (a)` Davis-Bacon Act (40 U.S.C. 276a— nor more than 10 times the costs the engi- 276a-7); neer Incurs in providing any such gratuities 1 (b) Contract Work Hours and Safety to any such officer or employee. Standards Act(40 U.S.C.327-333); (c)Copeland Anti-Kickback Act(18 U.S.C. IT.PATENTS i 174);and • If this agreement involves research,level- (d)Executive Order 11246(Equal Employ- opmental, experimental, or demonstration meet Opportunity); work and any discovery or invention arises and Implementing rules, regulations, and or is developed in the course of or under • relevant orders of the Secretary of Labor or this agreement,such invention or discovery EPA.The engineer further agrees that this shall be subject to the reporting and rights , agreement shall include and be subject to provisions of subpart D of 40 CFR part 30, i the"Labor Standards Provisions for Feder- in effect on the date of execution of this ally Assisted Construction Contracts" (EPA agreement,including appendix B of part 30. ' form 5720-4)in effect at the time of execu- In such case, the engineer shall report the ' lion of this agreement- discovery or invention to EPA directly or ' i 5,EQUAL!1dlLOYMTZIT OPPORTUNITY comply the owner, and shall otherwise comply with the owner's responsibilities in In accordance with EPA policy as ex- accordance with subpart D of 40 CFR part pressed In 40 CFR 30.420-5, the engineer 30.The engineer agrees that the disposition • - agrees that he will not discriminate against of rights to inventions made under this any employee or applicant for employment agreement shall be in accordance with the because of race, religion, color, sex, age, or terms and conditions of appendix B.The en- national origin. gineer shall include appropriate patent pro • - visions to achieve the purpose of this condi- 14.UTILIZATION Or SMALL AND MINORITY tion in all subcontracts involving research, • sosnerss developmental,experimental,or demonstra- In accordance with EPA policy as ex- tion work. pressedIn 40 CFR 35.936-7, the engineer IB COPYRIGHTS AND RIGHTS IN DATA agrees that-qualified small business and mi- nority business enterprises shall have the (a) The engineer agrees that any plans, maximum practicable opportunity to par- drawings, designs, specifications, computer FEDERAL REGISTER, VOL 43, NO. 188—WEDNESDAY, SEPTEMBER 27, 1978 '