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HomeMy WebLinkAbout89-1025 Metcalf and Eddy VA- ioaS AGREEMENT BETWEEN CITY OF ELGIN, ILLINOIS AND METCALF & EDDY, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this 25th day of October 1989, by and between the City of Elgin, Illinois, with offices at 150 Dexter Court, Elgin, IL 60120, hereinafter called the Client, and Metcalf and Eddy, Inc. (M&E) with offices at 85 W. Algonquin Road, Arlington Heights, Il 60005, hereinafter called the Engineer. WITNESSETH In consideration of mutual promises, covenants and agreements herein contained, the parties agree as follows: ARTICLE 1 - ENGAGEMENT AND SERVICES OF THE ENGINEER The Client hereby engages the Engineer and the Engineer hereby accepts the engagement to perform certain professional engineering services for the Client in connection with the permit application of Safety Kleen Corporation to operate a facility within the City of Elgin. The services include but are not necessarily limited to the following: • Review of permit application and supporting documentation. ' Prepare for and represent the Client in technical and regulatory matters at a public hearing to be held on November 15, 1989. Answer technical and regulatory questions which may come from the City Council, the staff or citizens of Elgin. • Provide post-hearing counsel and advice and address in writing questions which may call for a written response. EHW/a 1 • Provide additional services as may be requested by the Client. • Advise Client concerning compliance of application with Illinois Environmental Protection Act. ARTICLE 2 - PERIOD OF SERVICE 2. 1 Upon execution of this Agreement, the Engineer shall begin its services promptly and will diligently prosecute the work to completion. 2 . 2 In the event that the Engineer is delayed at any time in performing the tasks set forth herein by any act or neglect of the Client, or by labor disputes, fire and other casualty, unusual delay in transportation, inclement weather, act of war or governmental preemption, or any delay in the review of specific tasks set forth herein, in approval by any government agency, federal, state or municipal, or any causes beyond the Engineer's control, or by delay authorized by the pending resolution of a dispute, be performed by the Engineer, then the time of completion of the Project shall be extended by the same number of days as such occurrence delays completion. The Engineer shall not be responsible for, and the Client shall hold the Engineer harmless from, any expenses or other consequences resulting from any such occurrences or delays. 2 . 3 If Client requires significant modifications or changes to the Engineer's services or if Client or others substantially delay Engineer's performance, the time of performance of Engineer's services shall be adjusted. ARTICLE 3 - PAYMENT TO THE ENGINEER 3 . 1 The Engineer's services shall be provided principally by BAKUL KHARA, P.E. at a rate of $110. 00 (one hundred ten) dollars per hour. Direct project related expenses shall be billed and paid at cost. 3 .2 Should services be required which can be properly accomplished by members of Mr. Khara's staff, they shall be billed at a rate of 3 . 2 times the direct labor cost of the person providing the work. EHW/a 2 ARTICLE 4 - CONFIDENTIAL INFORMATION All contract WORK not in the public domain will be considered confidential by Engineer. The Engineer will not disclose such information and data which it or its employees, obtain directly or indirectly from the Client pursuant to this AGREEMENT to any persons, companies, governmental authority or others without the prior notice to and/or written consent of the Client. ENDINGS IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF ELGIN, ILL •�► BUREAU OF INS ' CT. 01 SE'' - BY: gill . .W i Title: Urt-�-i IL-1A V6C R METCALF & EDDY, ,INg.' :A? By: / ir - we w. d F. = .n, P.E. Title: Sr. Vice President EHW/a 3 iwt•JE Metcalf& Eddy 85 W Algonquin Road, Suite 500 Arlington Heights, Illinois 60005-4422 (312)228-0900 October 23 , 1989 Mr. Gordon Burkhart, Superintendent Bureau of Inspection Services City of Elgin 150 Dexter Court Elgin, IL 60120 Dear Mr. Burkhart: Enclosed are two copies of the proposed Elgin/M&E contract which have been signed by Edward K. Fagan, Senior Vice President. Please gather the appropriate signature, subject to Council approval, and return one copy for our files. We look forward to this opportunity to serve you. Very truly yours, METCAL & EDDY, INC. rfg- Wayne R. Brunzell, P.E. Division Manager WRB/ema Enclosures BD'':' Ne',Ynrk Pai:Alto'San Be'nara no Irene CA Burtorsville MD C,raao C>iuniie pet,o t Houston A!Iar:a, BranchOur; NJ Menden CT H,r „., Sd: J October 24 , 1989 MEMORANDUM TO : Mayor and Members of the City Council FROM : City Manager SUDJLCT : Review of Safety- Kleen Siting Application PURPOSE :_ To discuss and review the proposed contract with Metcalf & Eddy. BACKGROUND : On October 11 , 1989 the City Council discussed the siting application submitted by the Safety- Kleen Corporation , the required public hearing process and the need for a specialist to review the submitted siting application . During the discussion it was recommended to retain the firm of Metcalf & Eddy to review the siting application . Attached is a proposed contract with Metcalf & Eddy for their professional services . Staff has met with the firm and has provided the firm with a copy of the siting application . FINANCIAL IMPACT : Costs of the review and public hearing will be the responsibility of the Safety-Kleen Corporation . RECOMMENDAI 7.. It is recommended that the City Council approve '• . pose. •ontract with the firm of Metcalf & Eddy. 0 c a ry Ric City Mana • er I