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95-221 Resolution No. 95-221 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ROY F. WESTON, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, 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 Roy F. Weston, Inc. for Illinois Environmental Protection Agency landscape waste compost permit renewal assistance, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: October 25, 1995 Adopted: October 25, 1995 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk . . Em A enda Item No.._!* • October 5, 1995 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager . SUBJECT: Leaf Compost Permit Renewal 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 Roy F. Weston, Inc . for assis- tance in completing an Illinois Environmental Protection Agency ( IEPA) operating permit renewal for the City' s leaf eft composting facility. BACKGROUND The City applied for and received a permit from IEPA on Sep- tember 12, 1991 to operate a compost facility for landscape waste ( leaves and wood chips) . The permit was renewed in 1994 for a one year duration and will expire on December 1 , 1995 . In order to meet the 90-day permit renewal deadline, a permit renewal application was submitted by the Public Works Depart- ment on June 5, 1995. The application was not approved by the IEPA and will require additional environmental informa- tion. Because of the inability to complete certain permit requirements, it is expected the application will be returned to us as deficient. The permit renewal application requirements are considerably more complex than previous requirements . For example, new requirements such •as plans for odor control and testing, ground water monitoring, as well as a facility closure plan, are now required. Preparation of these requirements is be- yond the ability of staff to prepare. elk Leaf Compost Permit Renewal October 5, 1995 Page 2 Roy F. Weston, Inc. , environmental engineers , successfully prepared the IEPA permit application for the Village of Crys- tal Lake. Representatives of this firm have reviewed our IEPA permit submission and have identified those components which will likely require additional information •in order to • be approved by •IEPA. Roy F. Weston, Inc . ' s scope of work reflects the best estimate of the additional work required, and is attached hereto as Exhibit A. The compost facility is important to City operations, saving over $350,000 in tipping fees and transportation cost if leaves had to be disposed of elsewhere. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT The agreement is in the not-to-exceed amount of $6 , 900 . Mon- eys are available in account 010-3331-754 . 33-02 ; Refuse Ser- vices . • LEGAL IMPACT - None. RECOMMENDATION It is recommended that the City Council authorize the enter- ing into of an agreement with Roy F. Weston, Inc . in the not-to-exceed amount of $6 , 900 . Respectfully(MI mi ted, JJames L. Kristiansen Public Works Director ; • Richard B. Helwig City Manager JLK/do Attachment r a• ' -Y EXHIBIT A Agreement with Roy F. Weston, Inc. for IEPA Landscape Waste Compost Permit Renewal Assistance AGREEMENT THIS AGREEMENT, is made and entered into this , 2q'day of IwoAR•( , l99, , by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY" ) and Roy F. Weston, Inc . (hereinafter referred to as "ENGINEER" ) . WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the renewal by the City of Elgin, of a permit to operate a landscape waste compost facility (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, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged 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. In general the ENGINEER' S work shall include, but may not be limited to the following activities : . review of City' s initial permit renewal application . Review of comments provided by IEPA and prepare the necessary documentation to address each comment . prepare documentation for resubmittal to IEPA . prepare cost estimates for compliance requirements . 2 C. A detailed Scope of Services is attached hereto as Attachment A. II . PROGRESS REPORTS A. No progress reports are required under this Agreement. 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 A. For services provided the ENGINEER shall be reimbursed at the hourly rate of personnel employed on this PROJECT, with the total fee not to exceed six thousand nine hundred (6,900 . 00) dollars regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized by CITY through a change order or amendment. B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus 10 percent. C. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. 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 -3- reasonable times during the Agreement period, and for a year after termination of this Agreement. VI . 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. VII. TERM This Agreement shall become effective as of the date the ENGINEER is given a written Notice to Proceed following approval of CITY' S corporate authorities and, unless terminated for cause or pursuant to Article VI foregoing, shall expire on the date the DIRECTOR 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 breach hereof by the ENGINEER. VIII. 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. 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 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. -4- 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 but not limited to Workmen' s Compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including but not limited to negligent actions or omissions of employees or agents of the ENGINEER arising out of the performance of professional services . XI . NO PERSONAL LIABILITY 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. 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. B. Comprehensive Automobile Liability. The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of 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. -5- 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 $ 500,000 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, 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. 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. -6- 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 had been made. 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,. 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. 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 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 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. -7- 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 . 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. 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. 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 (copy attached) . 8- A copy of the policies must be provided to the Department of Human Rights upon request. P.A. 87-1257 . 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. 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: JAMES L. KRISTIANSEN Director of Public Works City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: WILLIAM F. KARLOVITZ, P.E. Roy F. Weston, Inc. Suite 400 3 Hawthorn Parkway Vernon Hills, IL 60061-1450 , V _9- 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 agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN By By 1 1.—C? It. Dolonna Mecum Richard B. Helwig City Clerk City Manager (SEAL) For the ENGINEER: Dated this agl`day of , A.D. , 199%....i4- ATTEST: Roy F. Weston, Inc. , 1 4/ By E . �-aAn OA.n By ' Y it .e r`' S retary Vice Preside and Midwestern Re;i',n Manager (SEAL) OFFICIAL SEAL " INEZ E. HANAN NOTARY PUBLIC. STATE OF ILLINOIS MY COMMISSION EXPIRES 12/1/96 Roy F.Weston,Inc. Suite 400 3 Hawthorn Parkway Vernon Hills,Illinois 60061-1450 19 September 1995 MANAGERS 2ESIGNE=S C.GNSULTANTS 708-918-4000•Fax 708-918-4055 Mr. Gary Miller, Asst. Public Works Director City of Elgin 150 Dexter Court Elgin, Illinois 60123 Proposal No.: P-95-3382 Re: Proposal for Landscape Waste Compost Permit Renewal Dear Mr. Miller: Roy F. Weston, Inc. (WESTON®) is pleased to present this proposal to assist in the preparation of the permit renewal documents for your compost facility. The compost facility documents prepared by WESTON will comply with the requirements of the Illinois Pollution Control Board's Final Order for the regulation of landscape waste compost facilities (35 Illinois Administrative Code Parts 830, 831, and 832) dated 3 November 1994. WESTON has reviewed these regulations and is prepared to work with the City of Elgin (City) to develop the necessary documentation for the permit application. Based on the information you provided during our meeting on 12 September, WESTON has prepared the following scope of work, cost proposal, and schedule for your consideration. Scope of Work 1. WESTON will review the City's initial permit application and determine if the information supplied adequately describes the existing facility. The existing permit application will be compared to the requirements of the new regulations. Any existing information from the previous permit applications and supporting documentation will be utilized in the renewal application. 2. WESTON will review the comments provided by the Illinois Environmental Protection Agency (IEPA) and prepare the necessary documentation to address each comment. The additional requirements, as set forth in the regulations, may include: a. An odor minimization plan. b. A stormwater management plan. c. Recordkeeping methodologies. d. A plan for the intended use of end-product and a contingency plan for end- product compost that does not meet the general use standards. e. A closure plan with cost estimate. 3. WESTON will submit all documents to the City in draft form for review. 4. Based on review comments, WESTON will prepare the documents for submittal to the IEPA. CH01\PUBLIC\BP\LPRO\19331.LTR �" • • • Mr. Gary Miller -2- 19 September 1995 City of Elgin 5. WESTON will provide an estimated construction cost for the capital improvements necessary to come into compliance with the current regulations, and an estimated operating cost for the additional operating procedures required by the current regulations, such as the periodic sampling and testing of the compost. Cost Proposal WESTON proposes that the services described above can be performed for an ESTIMATED PROBABLE COST of$6,900. Only those costs incurred will be charged, but the project cost will not exceed the ESTIMATED PROBABLE COST without the client's prior written consent. To avoid misunderstanding, it is emphasized that the ESTIMATED PROBABLE COST is an estimated maximum that we fully believe will cover the services herein described, but no guarantee is made or implied. A copy of WESTON's General Terms and Conditions is attached and is hereby incorporated as a part of this proposal. WESTON has developed this cost proposal based on the following conditions and assumptions: • The City will provide notice of intent to permit, by mail, to any interested parties, as required by the regulations. • If required, the City will furnish the following information: FEMA flood insurance maps Waste collection information - Topographic map of the site Proof of ownership - Location and addresses of adjacent property owners Location of nearby wells Expected landscape waste collection needs and volumes Expected product end-use Information on equipment to be utilized on site Soil boring information Operating practice presently employed at the facility • WESTON has budgeted one revision based on the City's review of the permit application, and one revision based on the IEPA review of the permit application. • WESTON will provide five copies of the final permit application: three for the IEPA, and two for the City. CHO1\PUBLIC\BP\LPRO\19331.LTR • Mr. Gary Miller -3- 19 September 1995 City of Elgin Schedule WESTON will submit a draft permit application (with supporting documents) to the City for review and comment within 30 days of WESTON's receipt of all the required information to be supplied by the City. The documentation required for final submittal to the IEPA will be completed within 14 days of the receipt of the review comments from the City. WESTON appreciates the opportunity to submit this proposal and looks forward to working with the City of Elgin. If you should have any comments relative to this proposal, or require additional information on our qualifications, please contact us at (708) 918-4000. Very truly yours, ROY F. WESTON, INC. (-- (/( -�C %i-ti ` yc/ l William F. Karlovitz, P.E. Senior Project Manager • Scott D. Sprin.-r Vice President Proposal Number P-95-3382 is hereby accepted and the conditions attached and outlined herein agreed to. Authorized Representative Signature Date CH01\PUBLIC\BP\LP RO\19331.LTR