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HomeMy WebLinkAbout00-98 Resolution No. 00-98 RESOLUTION AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES AGREEMENT WITH BAXTER & WOODMAN, INC. FOR THE SANITARY SEWER MASTER PLAN UPDATE PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5 . 02 . 020B (6) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interests of the city; and BE IT FURTHER RESOLVED that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Engineering Services Agreement on behalf of the City of Elgin with Baxter & Woodman, Inc . for the sanitary sewer master plan update project, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: April 26, 2000 Adopted: April 26, 2000 Omnibus Vote : Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN, ILLINOIS SANITARY SEWER MASTER PLAN UPDATE ENGINEERING SERVICES AGREEMENT THIS AGREEMENT, made and entered into this .2Nalay of ,4Pie, 2000, by and between the CITY OF ELGIN, an Illinois municipal corporation(hereinafter referred to as "CITY"), and Baxter & Woodman, Inc., an Illinois Business Corporation (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the preparation of the Sanitary Sewer Master Plan Update for the Far West Planning Area bounded approximately by the Northwest Tollway (I-90) on the north, Illinois Route 47 on the west,McDonald Road on the south, and Randall Road on the east. 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 to act for and represent it in all engineering matters involved in the PROJECT, subject to the following terms and conditions and stipulations, to wit: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Public Works of the CITY, hereinafter referred to as the "DIRECTOR". B. The professional services for the PROJECT shall include: 1. Preparation of a Sanitary Sewer Master Plan Update of the Sanitary Sewer Study that was prepared for the CITY by the ENGINEER in 1993. The Sanitary Sewer Master Plan - 1 - BAXTER W-% WOODMAN !onulh u�Fri},v rami Update shall include the design criteria, preliminary routing suggestions, Engineer's Opinion of Probable Cost and recommendation for cost reimbursement method, with appropriate exhibits to clearly indicate the location and sizes of trunk sewers,pumping stations, and force mains necessary to serve the development of the CITY's planning area. 2. Delivery of fifteen (15) copies of the Sanitary Sewer Master Plan Update to the CITY upon completion. II. PROGRESS REPORTS A. A Project Milestone Schedule is provided as follows, based on the assumption that the CITY will issue the Notice to Proceed to the ENGINEER on or before March 13, 2000, and that the City has provided the ENGINEER with GIS maps and contours of the Far West Planning Area. 1. Engineer completes draft Sanitary Sewer Master Plan Update and delivers to CITY for review and comment. May 22, 2000 2. CITY returns comments on draft Sanitary Sewer Master Plan Update to ENGINEER. June 12, 2000 3. ENGINEER incorporates CITY's comments into final Sanitary Sewer Master Plan Update and delivers to CITY. July 10, 2000 B. 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. - 2 - BAXTER 411. WOODMAN (; 1irriE Erika,,-rr III. 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 any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. IV. PAYMENTS TO THE ENGINEER (Not-to-Exceed Method) A. The CITY shall reimburse the ENGINEER for professional services described in Paragraphs I.B.1 and I.B.2,based on the ENGINEERS' hourly rates of compensation for work time performed plus expenses, a listing of the ENGINEER's current hourly rates is set forth in Exhibit A attached hereto. The ENGINEERS' fee including reimbursable expenses shall not exceed $43,250, regardless of actual costs incurred by the ENGINEER unless substantial modifications to the PROJECT are authorized in writing by the CITY. B. The CITY shall make periodic payments to the ENGINEER based upon actual progress within thirty(30)days after receipt and approval of invoice. The total value of said periodic payments to the ENGINEER shall not exceed the total contract amount, and the final payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (IIC 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 - 3 - BAXTER Wg4 111 WOODMAN Gonad/ Inpurns APR-04 00 10:07 FROM:ELGIN ENG. DIV. 847-931-5965 TO:815 455 0450 PAGE:05 during the Agreement period, and for a year after termination of this Agreement. VI. Talt1NkTI N F AGRFF ENT 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 IV above. VII. TERM • This Agreement shall become effective as of the date the ENoINEER is given a notice to proceed and, unless terminated for causeApursuant to ...— Article .—Article \ 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 thereafter acquire with respect to any term or provision of-the Agreement. VIII. NOTICE OF Ci,A1M 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 fifteen (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. IX. ,BREACH_PP' CONTRACT If either party materially violates or materially 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) a A x T LT R 4 111r® WOOD M A M days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. X. INDEMNIFICATION To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify, and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits, judgments, costs, attorney's 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, but not including liability that may be due to the negligence of the CITY or other consultants, contractors or subcontractors working for the CITY, or their officers, agents, and employees. XI. NO PERSONAL LIABILITY No official, director, officer, agent or employee of either party 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. XII. 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 Certificate 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 X entitled "Indemnification" shall be provided. iir_ 5 _ B A X T E R WOOD M A N ( I-ripnnrrrs 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 pro-rata, 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 Engineer's Professional Liability Insurance covering claims resulting from error, omissions, or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. 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. XIII. 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. XIV. 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, or the presence of any sensory, mental or physical handicap,unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: - - BAXTER 6 WOODMAN Lr.,w(ttnZ l:nZvn r(n 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. XV. 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. XVI. 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 has been made. Any proposed subcontractor shall require the CITY's advanced written approval. XVII. NO CO-PARTNERSHIP OR AGENCY It is understood and agreed that nothing herein contained is intended or shall be construed to, in any respect, create or establish the relationship of co-partners between the CITY and the ENGINEER, or as constituting the ENGINEER as the general representative or general agent of the CITY for any purpose whatsoever or to constitute an employment relationship between the parties hereto. XVIII. SEVERABILITY The parties intend and agreed that, if any paragraph, subparagraph,phrase, clause or other provision of this Agreement, or any portion thereof, shall be BAXTER WS _� WOODMAN ('renurllr:rg f rrp r rri held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. XIX. 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. XX. MODIFICATION 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 change order duly executed by the parties. Each party agrees that no representations of 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. XXI. 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. XXII. 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. XIII. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. BAXTER Uri_4 WOODMAN tori sill/int;I urrr XXIV. INTERFERENCE WITH PUBLIC CONTRACTING: The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of violations of 720 ILCS 5/33E et seq., or any similar State or Federal statute regarding bid rigging. XXV. 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 must be provided to the Department of Human Rights upon request. 775 ILCS 5/1-101 et seq. XXVI. 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. BAXTER _ I WOODMAN (,i ill 1111I j!I'a,q1 re'Il XXVII. 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: JOHN LOETE, P.E. Director of Public Works City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: DARREL R. GAVLE, P.E. Baxter& Woodman, Inc. 8678 Ridgefield Road Crystal Lake, Illinois 60012-2797 - 10 - BAXTER Wa4 411 WOODMAN (.nnu(h r,{Finan.rri IN WITNESS WHEREOF, the parties hereto have caused the execution of this Agreement by their duly authorized officers as of the day and year first above written. BAXTER& WOODMAN, INC. CITY OF ELGIN, ILLINOIS / By Zle-u—te ; 1 6-'-T� By7 ✓Cil aC . President/CEO ty Manager (SEAL) (SEAL) ATTEST: ATTEST: , i . j 14N41 .. 6L Secretary Clerk Attachment H:\PROJ\ELGNC\0001 I9\REVISED ESA 3-21-00.doc DRG/KWS:mk - 11 _ BAXTER 4 WOODMAN (:n❑ku/h?lc F.r1,0 lir rrs CITY OF ELGIN, ILLINOIS SANITARY SEWER MASTER PLAN UPDATE EXHIBIT A 2000 Hourly Fees and Travel Costs For Professional Services CLASSIFICATION HOURLY RATES Principals $98 to $105 Senior Engineers $88 to $98 Construction Managers $88 to $98 Engineers $62 to $86 Staff Engineers $55 to $63 Designers $78 CADD Operators $63 to $64 Senior Field Engineers $76 to $82 Field Engineers $76 Jr. Field Engineers $60 Senior Surveyors/Technicians $62 Surveyors/Technicians $48 to $58 Secretaries $42 to $44 Hourly fees include direct and indirect overhead expenses, readiness to serve, and profit, and are for 8 hours/day and 40 hours/week regularly scheduled work hours. Automobile travel expense is $0.35/mile. �B A X T E R H:\PROD\ELGNC\000119\EXHIBIT A COSTS 2000.DOC , • WOODMAN (lot, 111,1L'I non✓r's ___Lor'p�c. '�- City of Elgin Agenda Item No. O4nf [3% -- April 3, 2000 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Engineering Services Agreement for Sanitary Sewer Master Plan Update Project PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into a contract for the Sanitary Sewer Master Plan Update Project . BACKGROUND The City of Elgin has a Sanitary Sewer Master plan for future expansion of its sanitary sewer system. A master plan was prepared in 1993 by Baxter & Woodman consulting engineers . It was based on projected community growth which outlined specific improvements to the sanitary sewer collection system and upgrades to the Sanitary Sewer Treatment Plant . Certain areas south and west of Elgin now considered in the City' s Far West Planning Area were not within the City' s projected growth area at that time and therefore, not included in the study area. Other changes that vary from the 1993 study includes the recently approved Gilberts Sewer Treatment Plant and possible expansion plans at FRWRD' s North Treatment Plant . The attached agreement with Baxter & Woodman is for engineering services necessary to update the west service area only. For the purpose of this study the west service area is considered as lands west of Randall out to Illinois Route 47 and north of McDonald Road north to the Tollway, in general. The consultant will perform a hydraulic analysis of the current facilities to update the long range program for serving this area. The study includes an update of population projections, future sanitary sewer demand calculations, routing, probable cost of improvements and recommendations for cost reimbursement. The cost of the proposed master plan update is $43 , 250 . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED rft. None . r . Engineering Agreement/Sanitary Sewer Master Plan Update April 3 , 2000 Page 2 INANCIAL IMPACT ; N The project will be funded with existing budgeted funds within the Public Works Department budget from account number 430-4202-772 . 30- 99 project number 409553 . 1�\�,_ ! LEGAL IMPACT `�v/ The Baxter & Woodman agreement requires an exception to the Procurement Ordinance pursuant to the Elgin Municipal Code Section 5 . 02 . 020B (6) . If the exception procedure is utilized, a two-thirds vote of the City Council (five votes) is required, with a finding by the City Council that an exception to the requirement of the procurement Ordinance is necessary and in the best interest of the City. The final form of the agreement must be reviewed and approved by the Legal Department . ALTERNATIVES None . RECOMMENDATION It is recommended that City Council authorize the execution of the agreement for engineering services with Baxter & Woodman for an amount not to exceed $43 , 250 . :- pectfully subm' ted, ce /i . Parker City Manager HM:do Attachments