89-1025 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.
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• 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.
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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
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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
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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.
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City Mana • er
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