92-0909 Otter Creek Pump Station 9a- 09 bei
RESOLUTION
AUTHORIZING EXECUTION OF AN ENGINEERING AGREEMENT WITH
BAXTER & WOODMAN, INC. FOR THE PREPARATION
OF A PRELIMINARY DESIGN REPORT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Larry L. Rice, 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
Baxter & Woodman, Inc. for the preparation of a Preliminary
Design Report for the Otter Creek Pumping Station/Force Main,
a copy of which is attached hereto and made a part hereof by
reference.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: September 9, 1992
Adopted: September 9, 1992
Vote: Yeas 7 Nays 0
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
HIS AGREEMENT, made and entered into this //1 day
of 0 / , 1992 , by and between the CITY OF ELGIN, an Illinois
munici'al corporation (hereinafter referred to as "CITY" ) , and Baxter
& Woodman, Inc. , an Illinois Business Corporation ( hereinafter refer-
red to as "ENGINEER" ) .
WHEREAS, the CITY desires to engage the ENGINEER to furnish
certain professional services in connection with the preparation of a
Preliminary Design Report for the Otter Creek Pumping Station/Force
Main ( hereinafter referred to as the "PROJECT" ) .
AND
WHEREAS, the ENGINEER represents that he is in compliance with
Illinois Statutes relating to professional registration of individ-
uals 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, herein after referred to as the "DIRECTOR" .
B. The Professional Services for the PROJECT shall
include:
1 . Preparation of a Sanitary Sewer Study of the
service area of the Otter Creek Pumping Station.
2 . Preparation of a two phase Preliminary Design
Report for the Otter Creek Pumping Station and
Force Main.
C . The Proposal Letter to the DIRECTOR dated June 15,
1992 is attached hereto as Attachment A to describe
the Scope of Services. The CITY decided to authorize
preparation of the Sanitary Sewer Study and Prelimi-
nary Design Report for the Otter Creek Pumping
Station, but not to authorize preparation of the
Final Design Documents for Phases I and II of the
Tyler Creek Interceptor Sewer . Therefore, the
provisions of this Agreement supersede the Proposal
Letter .
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II. PROGRESS REPORT
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 or or before
September 11, 1992 .
1. ENGINEER completes Sanitary
Sewer Study Report and delivers
to CITY. October 16, 1992
2 . CITY approves Sanitary Sewer
Study Report. October 23, 1992
3 . ENGINEER completes Otter Creek
Pumping Station Design Concept
Report and delivers to CITY. December 4 , 1992
4 . CITY approves Design Concept
Report . December 11, 1992
5 . ENGINEER completes Otter Creek
Pumping Station Preliminary
Design Report and delivers to
CITY. February 19 , 1993
6 . CITY approves Preliminary
Design Report . March 5, 1993
B. A Project Schedule is included as Attachment B,
attached hereto. 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.
III . WORK PROJECTS
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 DIREC-
TOR 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.
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IV. PAYMENTS TO THE ENGINEER
A. For services under this Agreement, the CITY shall pay
the ENGINEER a lump sum of Sixty Thousand Dollars
( $60, 000 ) , regardless of actual costs incurred by the
ENGINEER unless substantial modifications to the
PROJECT are authorized in writing by the DIRECTOR.
B. The CITY shall make periodic payments to the ENGINEER
based upon actual progress within 30 days after
receipt and approval of invoice. Said periodic pay-
ments to the ENGINEER shall not exceed the amounts
shown in the following schedule, and full payments
for each task shall not be made until the task is
completed and accepted by the DIRECTOR.
Sanitary Sewer Study Report $12, 500
Otter Creek Pumping Station -
Design Concept Report 18, 000
Otter Creek Pumping Station -
Preliminary Design Report 29,500
Total $60,000
V. INVOICES
A. The ENGINEER shall submit invoices in a format
approved by the CITY. Progress Status Report ( 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 ENGI-
NEER for work done under this Agreement. The ENGI-
NEER shall make these records available at reasonable
times during the Agreement period, and for a year
after termination of this Agreement .
IV. 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 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 .
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VII . 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 addi-
tional 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 inter-
ruption.
IX. 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 reme-
dies as may be suitable to the violation of 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.
X. INDEMNIFICATION
The ENGINEER shall indemnify and save harmless the CITY,
its officers and employees from and against any and all
loss, liability and damages of whatever nature, including
Workmen' s Compensation claims, in any way resulting from
or arising out of negligent actions or omissions of the
ENGINEER in connection herewith, including negligent
actions or omissions of employees or agents of the ENGI-
NEER arising out of the performance of professional
services.
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 pro-
vide, 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.
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The ENGINEER shall deliver to the DIRECTOR a Certifi-
cate of Insurance naming the CITY as additional
insured. The policy shall not be modified or termi-
nated without thirty (30 ) days prior written notice
to the DIRECTOR.
The Certificate of Insurance which shall include Con-
tractual obligation assumed by the ENGINEER under
Article IX intitled "Indemnification" shall be
provided.
B. Comprehensive Automobile Liability. Comprehensive
Automobile Liability Insurance covering all owned,
non-owned, and hired motor vehicles with limits of no
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 alleged errors, 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,
or be responsible for construction means, methods, tech-
niques, sequences or procedures, or for safety precau-
tions 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, martial
status, or the presence of any sensory, mental or physi-
cal handicap, unless based upon a bona fide occupational
qualification, and this requirement shall apply to, but
not be limited to, . the following: employment advertis-
ing, layoff or termination, rates of pay or other forms
of compensation and selection for training, including
apprenticeship.
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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, martial
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, termina-
tion 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 provi-
sions 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.
XVII . NO CO-PARTNERSHIP OR AGENCY
It is understood and agreed that nothing herein contained
is intended or shall be construed, in any respect, to
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 .
XVIII . 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.
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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 inter-
pretation or construction thereof.
XX. 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 par-
ties. Each party agrees that no representations or
warranties shall be binding upon the other party unless
expressed in writing herein or in a duly executed amend-
ment hereof, or change order as herein provided.
XXI . APPLICABLE LAW
This Agreement shall be deemed to have been made, and
shall be construed, in accordance with the laws of the
State of 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.
XXIII . COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants
in the CITY' s employ or any work associated with the
PROJECT.
XXIV. 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:
JAMES L. RRISTIANSEN
Director of Public Works
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
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B. As to ENGINEER:
DARREL R. GAVLE
Baxter & Woodman, Inc.
8678 Ridgefield Road
Crystal Lake, Illinois 60012-2707
XXV. INTERFERENCE WITH PUBLIC CONTRACTING: P.A. 85-1295
The ENGINEER certifies hereby that it is not barred from
bidding on this contract as a result of violations of
either Section 33E-3 or Section 33E-4 of the Illinois
Criminal Code.
XVI . 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 .
IN WITNESS WHEREOF, the undersigned have placed their hands and
seals upon and executed this Agreement in triplicate as though each
copy hereof was an original and that there are no other oral agree-
ments that have not been reduced to writing in this statement .
For the CITY:
ATTEST: THE CITY OF ELGIN, ILLINOIS
By / .�cc,�� By
City ler ��y Manager
(SEAL)
For the ENGINEER
Dated this 57 day of 1 I lr , A.D. , 1992 .
ATTEST: BAXTER & WOODMAN, INC.
By `,�2'�!y�'`� f`�Cr�/ ByA6-64 xL4_,
Secretary r%Chairman/CEO
(SEAL)
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0650C
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r ;`� c,", Agenda Item No.
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August 4, 1992
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: Larry L. Rice, City Manager
SUBJECT: Otter Creek Force Main/Lift Station (BRIS II )SS-04
PURPOSE: This memorandum will provide the Mayor and Council
with information to consider entering into an agreement for
engineering services for the subject project.
BACKGROUND: The initial extension of the Bowes Road Interceptor
Sewer from east of McLean to Randall Road was recently
completed. This sewer system will serve generally the area west
of McLean (map attached) . The next extension of this sewer
elk system is the Otter Creek Lift Station and Force Main. The lift
station would be constructed west of Randall Road adjacent to
Otter Creek at about Hopps Road. The force main would be
designed and constructed so as to connect the lift station with
the Bowes Road Interceptor in order to serve the area to the
north (Target, et al . ) and subdivision development west of
Randall . .
We sent requests for proposals to three engineering firms;
Baxter & Woodman, Greeley & Hansen and Strand Associates, for an
engineering study for the Otter Creek Pump Station and Force
Main and provide the City with an engineering design report with
probable costs for a wastewater pumping system to meet the
current needs and expandable to meet the requirements of the
future. The study, design report and probable costs will be
completed by February, 1993 . Upon acceptance of the design
concept by the City, the City will negotiate an amendment to the
agreement for the preparation in 1993 of the final plans and
specifications for the construction of the wastewater pumping
system. Although construction moneys have been programed for
this project for fiscal year 1993 construction might not start
until 1994 .
Each consultant's proposal was evaluated with regard to the
consultant's stated qualifications, scope of work, staffing or
elk loading, schedule, familiarity with the site or the work, past
record, and technical approach. With due consideration to this
evaluation of the proposals, a tentative selection was made by
ranking the proposals considering the consultant's understanding
Mayor and Members of
the City Council
August 4, 1992
Page 2
r
of and familiarity with the work, staff qualifications,
schedule, loading, office location and other relevant factors.
Although all three firms were deemed qualified to perform the
work, the firm of Baxter and Woodman was selected as having
submitted the most complete and extensive scope of work.
After the selection was made, the proposed fees were examined to
determine if they were reasonable and comparable to the scope of
work. A negotiation of the fee was concluded with Baxter and
Woodman which includes a preliminary design of the facility.
FINANCIAL IMPACT: The fee to complete the study, design concept
and preliminary design reports is $60,000 which will come from
the Sewer Development (440-997-9901) portion of the Budget,
where $90,000 have been budgeted for this engineering design
report.
RECOMMENDATION:
It is recommended that the City Council authorize the City
Manager and City Clerk to execute the Agreement for engineering
services with Baxter & Woodman, Inc. in the amount of $60,000 .
A copy of the Agreement is attached for your consideration.
r
ap„ALarry--L. Rice, ity Manager
do
Attachment
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OTTER CREEK LIFT STATION
AND
FORCE MAIN
Consultant Selection Results
A. Evaluators :
1 . James L. Kristiansen
2 . Melford Dahl
3 . Steven Pertzborn
B. Ratings :
1 . Baxter and Woodman.
2 . Greely and Hansen.
3 . Strand.
The Above rating were based upon the evaluations of
the following:
. Completeness of scope of service.
. Schedule.
. Personnel qualifications .
. Experience with similar projects.
. Manhour histogramme.
Note: All firms appeared qualified to perform the
work; Strand was rated lower based upon a reduced scope
compared to Baxter and Woodman, and Greely and Hansen.
C. Fee Proposals
Phase City Strand Baxter- Greely-
Description Estimate Woodman Hansen
1 . Sanitary Sewer $15,000 $21, 152 $12,824 $15,282
Study
2 . Pump Station $20,000 $13,429 $18,048 $37 ,721
Design Concepts
3 . Design Report $30,000 $11,895 $29,356 $35,497
TOTAL $65, 000 $46,476 $60,228 $88,500
Note: Greely and Hansen did not provide a fee schedule based
upon work phases, but rather by individual work tasks . Work
tasks were combined into work phases in order to provide the
fee comparison shown above.
JLK:pn
MDM0016/TEXT071/MISCENGM.DM