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HomeMy WebLinkAbout03-300 Resolution No . 03-300 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ROBINSON ENGINEERING, LTD. FOR THE FOX RIVER WATER RECLAMATION DISTRICT FACILITY PLANNING AREA PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5 . 02 . 020B (9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that David M. Dorgan, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Robinson Engineering, Ltd, for preparation of a water quality management plan amendment for the expansion of the City of Elgin and the Fox River Water Reclamation District Facility Planning Area, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: October 22 , 2003 Adopted: October 22 , 2003 Vote : Yeas : 5 Nays : 1 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk 10116103 Project 03-490 AGREEMENT THIS AGREEMENT, made and entered into this 2aNtpday of ILraeci2 , 2003, by and between the CITY OF ELGIN, an Illinois municipal orplll nos (hereinafter Professional red to as "CITY") and ROBINSON ENGINEERING, LTD., an (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the preparation of a water quality management plan amendment for the expansion of the City of Elgin and the Fox River Water Reclamation District Facility Planning Area (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 matters involved in the PROJECT as described herein, subject to the following terms and conditions, to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the City Manager of the CITY. B. The ENGINEER shall prepare a water quality management plan (the"PLAN") amendment for the expansion of the City of Elgin and Fox River Water Reclamation District(FRWRD) Facility Planning Area (FPA). The proposed FPA expansion area is in general located to the west of the CITY's and FRWRD's existing FPA. The precise boundaries of the proposed FPA expansion area to be included in the PLAN to be prepared by the ENGINEER shall be provided by the CITY to the ENGINEER. The PLAN shall be prepared by the ENGINEER in accordance with the Northeastern Illinois Planning Commission guidance documents, application forms, and the Illinois Environmental Protection Agency's (IEPA) procedures and requirements in effect at this time for revising water quality management plans. 2. SCHEDULE A. ENGINEER shall complete all of the services and work to be performed pursuant to this Agreement prior to December 1, 2003 it being agreed and understood that the subject facility planning area amendment to be prepared by the ENGINEER is to be filed with the Northeastern Illinois Planning Commission on or before December 1, 2003. Page l of 8 r R B. The ENGINEER will submit to the City Manager a monthly status report. A brief narrative will be provided identifying progress,findings and outstanding issues. 3. WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including, but not limited too, 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 CITY 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. The work products prepared or furnished under this agreement are instruments of service, and the ENGINEER retains an ownership and property interest in such documents. 4. PAYMENTS TO THE ENGINEER A. For services provided by the ENGINEER the CITY shall pay the ENGINEER as follows: 1. An amount equal to the cumulative hours charged to the PROJECT by each class of ENGINEER's employees times standard hourly rates for each applicable billing class for all services performed on the PROJECT, plus reimbursable expenses and ENGINEER's consultant charges, if any, with the total fee and expenses to be paid to the ENGINEER not to exceed $21,775 regardless of the actual time expended or actual costs incurred by the ENGINEER unless substantial modifications to the Scope of Work are authorized by the CITY by way of written amendment to this Agreement agreed to by the parties hereto. 2. ENGINEER's standard hourly rates are set forth in Exhibit 1 attached hereto and made a part hereof by this reference. B. The CITY shall make periodic payments to the ENGINEER based upon actual progress within thirty (30) days after receipt and approval of an invoice. 5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (213 above) will be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permitthe 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. Page 2 of 8 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 ination, except that rreimbu reimbursement shall)not expenses xceed the total amount etiforth termination, under Paragraph 4 above. 7. TERM This Agreement shall become effective as of the date the ENGINEER is given a notice to proceed and, unless terminated for cause or pursuant to Article 5, shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. 8. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY,the ENGINEER shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. NG ENGINEER,allllrwlork required decision of the this Agreement relative s determined by he CITY the E , shall proceed without interruption. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. 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 Page 3 of 8 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 00 of comprehensive general liability insurance with limits of at least $1,00 aggregate for bodily injury and $1,000,000 aggregate for property damage. The ENGINEER shall deliver to the CITY 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 CITY. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article 10 entitled "Indemnification" shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorate, 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 CITY as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the CITY. 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 Page 4 of 8 because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. 15. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. 16. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the ENGINEER would have been obligated if it had done the work itself 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 Page 5 of 8 agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. 21. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. 22. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the CITY, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the CITY 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 must be provided to the Department of Human Rights upon request 775 ILCS 5/2-105. Page 6 of 8 26. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the CITY and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The CITY may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. 27. STANDARD OF CARE The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer=s services. Engineer and its consultants may use or rely upon the design services of others, including, but not limited to, contractors, manufacturers, and suppliers. 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: David M. Dorgan City Manager City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: George D. Budwash Director of Engineering Robinson Engineering, Ltd. 17000 South Park Avenue South Holland, Illinois 60473 IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement as of the date and year first written above. FOR THE CITY: FOR THE ENGINEER: By gy . David M. D rgan eorge D. Budwas City Manager Director of Engineering Attest:: City Clerk FALegal DeptWgreement\Robinson Engineering-Far West Area.doc Page 7 of 8 EXHIBIT 1 Engineer's Standard Hourly Rates CLASSIFICATION RATE/HOUR Principal Engineer................................................... 130.00 Senior Engineer 110.00 .................. Structural Engineer 125.00 .......... Engineer 86.00 Chief Land Surveyor............................................... 105.00 LandSurveyor .......................................................... 85.00 Chief Draftsman/CADD Operator.............................. 87.00 Senior Draftsman/CADD Operator ........................... 74.00 Draftsman/CADD Operator ............. 53.00 .......................... Clerk-Typist............................................................... 40.00 Field Superintendent................................................. 93.00 Resident Engineer/Eng.Observer............................. 71.00 Technician/Observer................................................. 57.00 Field Crew Chief....................................................... 70.00 Field Crew Member................................................... 50.00 Page 8 of 8 are a>I flit ftfp ! fill October 21, 2003 " [fill Pill lI l[I LLaL 4!!Il FINANCIALLY STABLE CITY GOVERNMENT TO: Mayor and Members of the City Council EF FICIENTFRAST U AND QUALITY INFRASTRUCTURE FROM: David M. Dorgan, City Manager SUBJECT: Engineering Services Agreement with Robinson Engineering Ltd. for a water quality management plan for the expansion of the City of Elgin and Fox River Water Reclamation District Facility Planning Area. PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into an agreement with Robinson Engineering for a water quality management plan for the expansion of the City of Elgin and Fox River Water Reclamation District (FRWRD) Facility Planning Area (FPA) . BACKGROUND The City is desirous to engage Robinson Engineering in order prepare a water quality management plan amendment for the expansion of the City' s and Fox Water Reclamation District' s Facility Planning Area. Receiving an amended FPA, by the Northern Illinois Planning Commission, is a critical component as the City' s implements the Far West Plan. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT The agreement with Robinson Engineering will total $21, 775 . 00 . The Engineer' s compensation is conditioned on the time to complete the study not exceeding 3 months . Should the time to complete construction be extended beyond this period, total compensation to Engineer shall be appropriately adjusted. Engineering Services Agreement - Robinson Engineering October 21, 2003 Page 2 Funding for this project is available in 010-6902-719 . 89-02 , Special Projects . LEGAL IMPACT The proposed agreement would require an exception to the procurement ordinance . ALTERNATIVES 1 . Approve the engineering services agreement with Robinson Engineering. 2 . Do not approve the agreement with Robinson Engineering. RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute the agreement with Robinson Engineering water quality management plan for the expansion of the City of Elgin and Fox River Water Reclamation District (FRWRD) Facility Planning Area (FPA) , in the not-to-exceed amount of $21, 775 . 00 . Respectfully submitted for Council consideration. (mam) Attachment