99-257 Resolution No. 99-257
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
EARTH TECH, INC. FOR AN EVALUATION OF A NEW PUBLIC WORKS SITE
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 agreement on behalf of
the City of Elgin with Earth Tech, Inc . for an evaluation for
the proposed development of a new public works site located
two miles south of Route 20 on McLean Boulevard, a copy of
which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: October 13 , 1999
Adopted: October 13 , 1999
Omnibus Vote : Yeas 7 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
THIS AGREEMENT, made and entered into this 5th day of October, 1999, by and between the
CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Earth
Tech, Inc. (hereinafter referred to as "ENGINEER").
WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services
in connection with Public Works Needs Assessment (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 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. See "Attachment A" for an outline of the services to be provided by the Engineer.
II. 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.
III. PAYMENTS TO THE ENGINEER (Lump Sum Method)
A. The CITY shall reimburse the ENGINEER for services under this Agreement a lump sum of
Fifteen Thousand Three Hundred ($15,300) Dollars, 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 payments 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.
IV. 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 reasonable times during the Agreement period, and for a year
after termination of this Agreement.
V. 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.
VI. TERM
This Agreement shall become effective as of the date the ENGINEER is given a written Notice
to Proceed 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.
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 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.
VIII. 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.
IX. 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 ENGINEER arising out of the performance of professional services.
X. 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.
XI. 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 IX entitled "Indemnification" shall be provided.
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.
XII. 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.
XIII. 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.
XIV. 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.
XV. 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.
XVI. 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.
XVII. 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.
XVIII. 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.
•
XIX. 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.
XX. 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.
XXI. 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.
XXII. COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work
associated with the PROJECT.
XXIII. 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.
XXIV. 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).
A copy of the policies must be provided to the Department of Human Rights upon request. P.A.
87-1 257.
XXV. 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.
XXVI. NOTICES
All notices, reports and documents required under this Agreement shall be in writing and shall be
mailed by First CIass Mail, postage prepaid, addressed as follows:
A. As to CITY:
JOHN LOETE
Director of Public Works
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER:
Howard Pederson
Earth Tech, Inc.
3121 Butterfield Road
Oak Brook, IL 60521
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 kle . /2Wer By r.1.:4:_ .. Al.L
City Clerk Pity anager
(SEAL)
For the ENGINEER:
Dated this 5th day of October, A.D.,1999.
ATTEST:
. ., go
By .. :. - ' By Thomas . Jac sirs
6141,41-Add. vs ' he' Vice President
(SEAL) i rtieWeS
I '-' l/
"OFFICIAL SEAL"
Cynthia P. Blaszak
Notary Public,State of Illinois
My Commission Exp.01/19/2002
•
Attachment A
Agreement XX October 1999
City of Elgin and Earth Tech
City of Elgin:Proposed 13 Acre Site Development
Scope of Services
The scope of the project includes the analysis of existing conditions and a land use diagram for the proposed
development for the City of Elgin Public Works on a 13 acre site located on McLean Boulevard approximately
two miles from Route 20..
The project will include the following:
1. ERPA Phase 1 Report.
2. Geotechnical Study.
The objectives of the Geotechnical Study are to explore soil conditions and
provide a preliminary recommendation for foundation, floor slab and
pavement design for the construction of the proposed project.
The study will include eight(8) soil borings extended to a depth of 25 feet.
A total of 200 lineal feet of drilling a soil sampling is proposed.
3. Site Design.
Land use diagrams will be prepared illustrating the potential of the site for
the implementation of a program for the Public Works Department.
The Land use diagrams will indicate the number of vehicles to be stored in
heated areas and the location of major program elements.
The Engineer will work with the Department of Public Works to estimate
the capacity of the site relative to the projected population forecast provided
by the City.
The program for the facility is to be provided by the City.
Development on additional site areas adjacent to the 13 acre site are
excluded from the scope of work.
4. A Letter Report will be prepared illustrating the results of this study and
containing recommendations for the development of the site. Twelve
copies will be prepared for review and comment by the City.
♦•♦
E A R T H V T [ C H
A two INTERNATIONAL LTD.COMPANY
I
Quality •Integrity •Creativity • Responsiveness
Attachment A
Agreement XX September 1999
City of Elgin and Earth Tech
City of Elgin:Proposed 13 Acre Site Development
Scope of Services
The scope of the project includes the analysis of existing conditions and a land use diagram for the proposed
development for the City of Elgin Public Works on a 13 acre site located on McLean Boulevard approximately
two miles from Route 20..
The project will include the following:
1. ERPA Phase 1 Report.
2. Geotechnical Study.
The objectives of the Geotechnical Study are to explore soil conditions and
provide a preliminary recommendation for foundation, floor slab and
pavement design for the construction of the proposed project.
The study will include eight(8)soil borings extended to a depth of 25 feet.
A total of 200 lineal feet of drilling a soil sampling is proposed.
3. Site Design.
Land use diagrams will be prepared illustrating the potential of the site for
the implementation of a program for the Public Works Department.
The Land use diagrams will indicate the number of vehicles to be stored in
heated areas and the location of major program elements.
The Engineer will work with the Department of Public Works to estimate
the capacity of the site relative to the projected population forecast provided
by the City.
The program for the facility is to be provided by the City.
Development on additional site areas adjacent to the 13 acre site are
excluded from the scope of work.
4. A Letter Report will be prepared illustrating the results of this study and
containing recommendations for the development of the site. Twelve
copies will be prepared for review and comment by the City.
♦•♦
E A R T H V v T E C M
A tyCO INTENNA TIO�NAL LTD.COMPANY
Quality •Integrity •Creativity • Responsiveness
3121 Butterfield Road, Oak Brook, Illinois 60523
October 5, 1999
Mr. John Loete
Public Works Director
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
Subject: Proposed 13-Acre Site Development
Owner - Engineer Agreement
Dear John:
Enclosed for signature are two originals of the Owner - Engineer Agreement for the subject
Telephone
project. Please return one signed copy to us for our record.
630.574.2006
Very truly yours, F a c s i m i l e
Earth Tech, Inc. 630.574.2007
f / 1 101
Howard C. Pederson
E A R T H s o■ T E C H
Docunlent2 A tyCO INTERNATIONAL LTD COMPANY
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';','"m.',-,.--r:t-,, ,--,--.:,i,.;4 ,
September li499
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
St38JECTT:;. ►urchase of 925 South McLean Boulevard
for Public Works Facility
Tb�e ptrpse' of this memorandum is to present to the Mayor and
members`.'of; the City council 'a status report on the selection and
purchase: of-‘a site for a new Public Works Facility.
In a,- ran4 te4 April 16, 1999, staff detailed the advantages
and disadvantages of pursuing the purchase of property located at
925 South M Lean Boulevard as the location for a new Public Works
Facilityy. Staff was directed to update the appraisal value and to
engage‘gin .p rel .urinary discussions with the property owner, Elgin
Moose Lodge,, regarding sale of the land.
Steffens ,. & ,Aseocia es appraised the 13.17-acre (573,685.; square
feet) pa el' at $48 7r', 000 : ($0.90/square foot) . Staff met with Mr.
Don �Thson, Moose Administrator, and informally proposed a
purchase of the property at the appraised value. Mr. Johnson
indicated at he felt that the property had a value of
approximately $1 million.
If one assumes that 'a negotiated or court directed purchase price
can: be eelhed -within the range of $487,000 and $1,000,000,
additional lerch and planning efforts must be undertaken to
determine that.<the site is appropriate for use as a Public Works
Facility. 'the; sdditional work efforts are as follows:
1. A more detailed site plan to confirm that the desired
improvnts `,teen be constructed on the site
2. Phase. i; efavironmental site review.
3 . Soil boring on the property.
4: Confirmation that the zoning is appropriate and identification
of "arty regui' •ed variances.
Ck Earth Te h, Inc, . .(formerly Rust Environmental & Infrastructure)
ale t 'needs assessment for Public Works in 1998. Earth
Tech is caplse of performing the additional tasks outlined above.
a
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tz
Purch a of , 925 th McLean Boulevard
September 24_
Page 2
,, ` ,, S f INTE eT$ PERSONS CONTACTED
1 None.
i FI
MAMQ
Contained in the 1999-2003 Financial Plan are the sale of General
Obligation Bonds ($600,000 in 2001 and $10,000, 000 in 2002) for the
construction of a Public Works Facility. Appraisals completed in
December 1997 by Neil Steffens & Associates value the 925 South
McLean Boulevard property at $461, 000 and the 909 South McLean
Boulevard property (mobile home park) at $1.275 million. The costs
associated with 1) more detailed site plan; 2) Phase I site
evaluation, and 3) soil borings, are not yet known. Once
negotiations with Barth Tech are complete, costs are determined and
a funding source is identified, the City Council will need to
formally approve entering into a contract.
LE Att IMPACT
tAPW None.
4! ALTERN ' 'IVS$
1. continue to pursue purchase of 925 South McLean Boulevard as
the desired site.
2. Redirect acquisition efforts to one of the four alternate site
locations..
It is recomended that the staff be authorized to pursue the
following additional items and negotiate the scope of work and cost
with Barth Tech for the site at 925 South McLean Boulevard.
1. More detailed site plans.
2. Phase 1 site evaluation.
3. Soil boring.
Rees,-ctfully submitt
4vK i a.
Jo if A Parker
C RHMsartp
City Manager
:
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