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00-96B V. 1. Fox Lane Booster Pump Station Preliminary design for an above ground 4 . 0 MGD pump station at Fox Lane east of Randall Road. This facility will be designed in accordance with recommendation of the West Zone Water Master Plan Update presently understudy. The phases of this project are as follows : Phase I : Preliminary Design 2000 Phase II : Final design and preparation 2001 of construction bid document Phase III : Construction bid services , Construction inspection phase services, and resident engineering services 2002 2 . 4 . 0 MGD High Zone Pump Addition at Riverside Plant Design, specification preparation, construction cost estimates , bid evaluation, assistance in obtaining necessary permits, equipment maintenance manual preparation as required, construction inspection, certification and start up and all other services necessary to complete the installation of one 4.0 MGD pump at Riverside Water Treatment Plant . Installation shall also include all electrical components and associated hardware such that new pump can be controlled automatically through the existing Supervisory Control and Data Acquisition (SCADA) system. 3 . Lyle Avenue Booster Pump Addition Design, specification preparation, construction cost estimates, bid evaluation, assistance in obtaining necessary permits, equipment maintenance manual preparation as required, construction inspection, certification and start up and all other services necessary to complete the installation of one 4 . 0 MGD pump at Lyle Avenue Pump Station. Installation shall include all electrical components and associated hardware such that new pump can be controlled automatically through the existing Supervisory Control and Data Acquisition (SCADA) system. 2 .2 Prepare an opinion of probable construction cost for proposed work covered by the drawings and specifications. 2 S. 2 .3 Submit drawings and specifications to the City for review and approval. Meet with representative of the City during the review process to explain the drawings, specifications, and procedures, and advise the City concerning any proposed revisions. 2 .4 Submit drawings and specifications to the Illinois Environmental Protection Agency, the Illinois State Division of Waterways, Kane County, and any other governmental agency that has a regulatory interest in the project, and provide all other services to secure permit approval. 2 . 5 Prepare bid forms and notices for bidders . 3 . Construction_ Phase Services . 3 . 1 Issue drawings and specifications to prospective bidders. 3 .2 Assist the City in evaluating bids and make recommendations concerning the award of contracts. 3 . 3 Assist the City in preparation of conforming copies of contracts. 3 . 4 Review shop drawings and data submitted by construction contractors for general conformity to the contract drawings and specifications. 3 . 5 Make periodic visits to the site of the work during the construction and consult with the City concerning the progress. 3 . 6 Review all routine and final estimates and make recommendations to the City regarding payments to the contractor, and report regularly to the City upon the progress and quality of work. 3 . 7 Upon completion of the work, revise construction drawing to confirm to construction records. The record drawings shall be submitted to the City in CD-ROM. Files and shall be generated either in Intergraph or Auto-Cad format. II. WORK PRODUCT All work product prepared by the ENGINEER pursuant hereto including, but not limited to reports, designs, calculations, work drawings, studies, photographs, models and recommendations shall become the property of the CITY and shall be delivered to the CITY upon its request, provided, however, that the ENGINEER may retain copies of such work products for its records. Such work product is not intended or represented to be suitable for reuse by the CITY on any 3 s. 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 A. Not To Exceed Method A. 1 The CITY shall pay the ENGINEER for its services under this Agreement at the usual direct hourly rate of personnel employed on this PROJECT directly by ENGINEER as listed herein by Attachment " " and for outside services provided by other firms or sub-consultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, as described in ENGINEER's fee attachment, attached hereto as Attachment " ", with the total not to exceed (amount of the contract) regardless of the actual costs incurred by the ENGINEER unless modifications to the scope of the work are authorized in writing by the CITY. A.2 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 for each task shall not be made until the task is completed and accepted by the CITY. IV. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports shall be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit an 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 such records available at reasonable times during the Agreement period, and for three years 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 total amounts set forth under paragraph III or IV above, whichever is less. 4 VI. TEEM 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 V. A determination of completion by the CITY shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any breach of the Agreement 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 its claim within fifteen (15) days after occurrence of such action. No claim for additional compensation shall be valid unless such notice is so provided. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are in writing and signed by the CITY and the ENGINEER. Regardless of the decision of the CITY relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the CITY shall proceed without interruption. VIII. PREACH OF CONTRACT All of the terms and provisions of this agreement are material. If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the non-breaching party shall have the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach. If either party, by reason of any default, fails within fifteen (15) days after written notice thereof'by non-breaching party to comply with the conditions of the Agreement, the non-breaching 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, suits and claims for damages of whatever nature, including, but not limited to, Worker's 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. X. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY 5 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. Commercial Liability. The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of commercial 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 CITY a Certificate of Insurance naming the CITY as additional insured. Such policy shall not be modified or terminated without thirty (30) days prior written notice to the CITY. Such Certificate of Insurance which shall include coverage for Contractual obligations assumed by the ENGINEER under Article IX, entitled "Indemnification" B. •n. - * - * ' - •u. • - - • ENGINEER shall maintain 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 Sinale limit_ Policy. ENGINEER'S requirements for insurance coverage for 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/$3 , 000, 000 aggregate. 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 DIRECTOR. XII. 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, or 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. 6 r ti 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 this Agreement by the CITY. III. 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. XIV. DELEGATION 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. XV. 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, joint venture or employment between the CITY and the ENGINEER, or as constituting the ENGINEER as a general representative or general agent of the CITY for any purpose whatsoever. XVI. SEVERABILITY The terms of this agreement shall be severable. 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 for any reason, all other portions of this Agreement shall remain in full force and effect. XVII $EADINGS 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 7 • 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. XVIII MODIFICATION OR AMENDMENT This Agreement and its attachments constitute the sole and 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. XIX. 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 enforcement of any rights and the resolution of any and all disputes shall be in the Circuit Court of Kane County, Illinois . XX. NEWS RELEASES The ENGINEER may not issue any news releases without prior written approval from the CITY, nor may the ENGINEER make public any reports or documents developed under this Agreement without prior written approval from the CITY prior to said documentation becoming matters of public record. XXI. •• ' : 4 , 4. • 4. 4kg The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. XXII. : 34k . Y. • 1= •kYU; ' 4 : - • 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. XXIII. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have a written sexual harassment policy that includes, 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 8 `r penalties; E. The legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and 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 Human Rights Act. A Copy of such policy must be provided to the Department of Human Rights upon request. P.A. 87-1257 . XXIV. PREVAILING AGE/PAYMENT OF TAXES. The ENGINEER shall comply with the requirements of the Prevailing Wage Act (820 ILCS 130/0. 01 et seq. ) The ENGINEER certifies it is not delinquent in the payment of any tax administered by the Illinois Department of Revenue unless there is a pending proceeding contesting the tax. XXV. WRITTEN COMMUNICATIONS All recommendations and other communications by ENGINEER to the CITY and 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. XXVI 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: Larry E. Deibert Director of the Water Department City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER 9 IN WITNESS WHEREOF, the undersigned have placed their hands and seal 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 CITY: ATTEST: CITY OF ELGIN By By City Clerk City Manager For the ENGINEER: Dated this day of , A.D. 2000 WITNESSED: By By (Print name) (Print Name) Officer Title (SEAL) 10