00-98 Resolution No. 00-98
RESOLUTION
AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES AGREEMENT
WITH BAXTER & WOODMAN, INC. FOR THE SANITARY SEWER
MASTER PLAN UPDATE PROJECT
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 Engineering Services
Agreement on behalf of the City of Elgin with Baxter &
Woodman, Inc . for the sanitary sewer master plan update
project, a copy of which is attached hereto and made a part
hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: April 26, 2000
Adopted: April 26, 2000
Omnibus Vote : Yeas 7 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
CITY OF ELGIN, ILLINOIS
SANITARY SEWER MASTER PLAN UPDATE
ENGINEERING SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this .2Nalay of ,4Pie, 2000, by and
between the CITY OF ELGIN, an Illinois municipal corporation(hereinafter referred to as
"CITY"), and Baxter & Woodman, Inc., an Illinois Business Corporation (hereinafter
referred to as "ENGINEER").
WHEREAS, the CITY desires to engage the ENGINEER to furnish certain
professional services in connection with the preparation of the Sanitary Sewer Master Plan
Update for the Far West Planning Area bounded approximately by the Northwest Tollway
(I-90) on the north, Illinois Route 47 on the west,McDonald Road on the south, and Randall
Road on the east.
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, hereinafter referred to as the
"DIRECTOR".
B. The professional services for the PROJECT shall include:
1. Preparation of a Sanitary Sewer Master Plan Update of the
Sanitary Sewer Study that was prepared for the CITY by the
ENGINEER in 1993. The Sanitary Sewer Master Plan
- 1 - BAXTER
W-%
WOODMAN
!onulh u�Fri},v rami
Update shall include the design criteria, preliminary routing
suggestions, Engineer's Opinion of Probable Cost and
recommendation for cost reimbursement method, with
appropriate exhibits to clearly indicate the location and sizes
of trunk sewers,pumping stations, and force mains necessary
to serve the development of the CITY's planning area.
2. Delivery of fifteen (15) copies of the Sanitary Sewer Master
Plan Update to the CITY upon completion.
II. PROGRESS REPORTS
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 on or before March 13, 2000, and that the City has
provided the ENGINEER with GIS maps and contours of the Far
West Planning Area.
1. Engineer completes draft Sanitary
Sewer Master Plan Update and
delivers to CITY for review and
comment.
May 22, 2000
2. CITY returns comments on draft
Sanitary Sewer Master Plan
Update to ENGINEER.
June 12, 2000
3. ENGINEER incorporates CITY's
comments into final Sanitary
Sewer Master Plan Update and
delivers to CITY.
July 10, 2000
B. 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.
- 2 -
BAXTER
411.
WOODMAN
(; 1irriE Erika,,-rr
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 (Not-to-Exceed Method)
A. The CITY shall reimburse the ENGINEER for professional services
described in Paragraphs I.B.1 and I.B.2,based on the ENGINEERS'
hourly rates of compensation for work time performed plus expenses,
a listing of the ENGINEER's current hourly rates is set forth in
Exhibit A attached hereto. The ENGINEERS' fee including
reimbursable expenses shall not exceed $43,250, regardless of actual
costs incurred by the ENGINEER unless substantial modifications to
the PROJECT are authorized in writing by the CITY.
B. The CITY shall make periodic payments to the ENGINEER based
upon actual progress within thirty(30)days after receipt and approval
of invoice. The total value of said periodic payments to the
ENGINEER shall not exceed the total contract amount, and the final
payments for each task shall not be made until the task is completed
and accepted by the DIRECTOR.
V. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the
CITY. Progress reports (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 ENGINEER for work done under this Agreement. The
ENGINEER shall make these records available at reasonable times
- 3 - BAXTER
Wg4
111
WOODMAN
Gonad/ Inpurns
APR-04 00 10:07 FROM:ELGIN ENG. DIV. 847-931-5965 TO:815 455 0450 PAGE:05
during the Agreement period, and for a year after termination of this
Agreement.
VI. Talt1NkTI N F AGRFF ENT
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 ENoINEER is
given a notice to proceed and, unless terminated for causeApursuant to ...—
Article
.—Article \ shall be deemed concluded on the date the CITY 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 thereafter acquire with respect to any
term or provision of-the Agreement.
VIII. NOTICE OF Ci,A1M
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 fifteen (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_PP' CONTRACT
If either party materially violates or materially 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)
a A x T LT R
4 111r®
WOOD M A M
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
To the fullest extent permitted by law, ENGINEER agrees to and shall
indemnify, and hold harmless the CITY, its officers, employees, agents,
boards and commissions from and against any and all claims, suits,
judgments, costs, attorney's fees, damages or other relief, including but not
limited to workers' 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,
but not including liability that may be due to the negligence of the CITY
or other consultants, contractors or subcontractors working for the CITY,
or their officers, agents, and employees.
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 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.
iir_ 5 _ B A X T E R
WOOD M A N
( I-ripnnrrrs
This insurance shall apply as primary insurance with respect to any
other insurance or self-insurance programs afforded to the CITY.
There shall be no endorsement or modification of this insurance to
make it excess over other available insurance, alternatively, if the
insurance states that it is excess or pro-rata, it shall be endorsed to be
primary with respect to the CITY.
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.
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, 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:
- - BAXTER
6
WOODMAN
Lr.,w(ttnZ l:nZvn r(n
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.
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 has been made. Any proposed
subcontractor shall require the CITY's advanced written approval.
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, subparagraph,phrase,
clause or other provision of this Agreement, or any portion thereof, shall be
BAXTER
WS
_�
WOODMAN
('renurllr:rg f rrp r rri
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
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 change order duly executed by the
parties. Each party agrees that no representations of 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.
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. Venue for
the resolution of any disputes or the enforcement of any rights pursuant to
this Agreement shall be in the Circuit Court of Kane County, 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.
XIII. COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants in the CITY's
employ or any work associated with the PROJECT.
BAXTER
Uri_4
WOODMAN
tori sill/int;I urrr
XXIV. INTERFERENCE WITH PUBLIC CONTRACTING:
The ENGINEER certifies hereby that it is not barred from bidding on this
contract as a result of violations of 720 ILCS 5/33E et seq., or any similar
State or Federal statute regarding bid rigging.
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.
A copy of the policies must be provided to the Department of Human
Rights upon request. 775 ILCS 5/1-101 et seq.
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.
BAXTER
_ I
WOODMAN
(,i ill 1111I j!I'a,q1 re'Il
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:
JOHN LOETE, P.E.
Director of Public Works
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER:
DARREL R. GAVLE, P.E.
Baxter& Woodman, Inc.
8678 Ridgefield Road
Crystal Lake, Illinois 60012-2797
- 10 - BAXTER
Wa4
411
WOODMAN
(.nnu(h r,{Finan.rri
IN WITNESS WHEREOF, the parties hereto have caused the execution of this
Agreement by their duly authorized officers as of the day and year first above written.
BAXTER& WOODMAN, INC. CITY OF ELGIN, ILLINOIS
/
By Zle-u—te ; 1
6-'-T� By7 ✓Cil aC .
President/CEO ty Manager
(SEAL) (SEAL)
ATTEST: ATTEST:
, i . j
14N41 .. 6L
Secretary Clerk
Attachment
H:\PROJ\ELGNC\0001 I9\REVISED ESA 3-21-00.doc
DRG/KWS:mk
- 11 _ BAXTER
4
WOODMAN
(:n❑ku/h?lc F.r1,0 lir rrs
CITY OF ELGIN, ILLINOIS
SANITARY SEWER MASTER PLAN UPDATE
EXHIBIT A
2000 Hourly Fees and Travel Costs
For Professional Services
CLASSIFICATION HOURLY RATES
Principals $98 to $105
Senior Engineers $88 to $98
Construction Managers $88 to $98
Engineers $62 to $86
Staff Engineers $55 to $63
Designers $78
CADD Operators $63 to $64
Senior Field Engineers $76 to $82
Field Engineers $76
Jr. Field Engineers $60
Senior Surveyors/Technicians $62
Surveyors/Technicians $48 to $58
Secretaries $42 to $44
Hourly fees include direct and indirect overhead expenses, readiness to serve, and profit,
and are for 8 hours/day and 40 hours/week regularly scheduled work hours.
Automobile travel expense is $0.35/mile.
�B A X T E R
H:\PROD\ELGNC\000119\EXHIBIT A COSTS 2000.DOC ,
•
WOODMAN
(lot, 111,1L'I non✓r's
___Lor'p�c.
'�- City of Elgin Agenda Item No.
O4nf
[3% --
April 3, 2000
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Engineering Services Agreement for
Sanitary Sewer Master Plan Update Project
PURPOSE
The purpose of this memorandum is to provide the Mayor and members
of the City Council with information to consider entering into a
contract for the Sanitary Sewer Master Plan Update Project .
BACKGROUND
The City of Elgin has a Sanitary Sewer Master plan for future
expansion of its sanitary sewer system. A master plan was prepared
in 1993 by Baxter & Woodman consulting engineers . It was based on
projected community growth which outlined specific improvements to
the sanitary sewer collection system and upgrades to the Sanitary
Sewer Treatment Plant .
Certain areas south and west of Elgin now considered in the City' s
Far West Planning Area were not within the City' s projected growth
area at that time and therefore, not included in the study area.
Other changes that vary from the 1993 study includes the recently
approved Gilberts Sewer Treatment Plant and possible expansion
plans at FRWRD' s North Treatment Plant .
The attached agreement with Baxter & Woodman is for engineering
services necessary to update the west service area only. For the
purpose of this study the west service area is considered as lands
west of Randall out to Illinois Route 47 and north of McDonald Road
north to the Tollway, in general. The consultant will perform a
hydraulic analysis of the current facilities to update the long
range program for serving this area. The study includes an update
of population projections, future sanitary sewer demand
calculations, routing, probable cost of improvements and
recommendations for cost reimbursement. The cost of the proposed
master plan update is $43 , 250 .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
rft. None .
r .
Engineering Agreement/Sanitary Sewer Master Plan Update
April 3 , 2000
Page 2
INANCIAL IMPACT
;
N The project will be funded with existing budgeted funds within the
Public Works Department budget from account number 430-4202-772 . 30-
99 project number 409553 .
1�\�,_ ! LEGAL IMPACT
`�v/ The Baxter & Woodman agreement requires an exception to the
Procurement Ordinance pursuant to the Elgin Municipal Code Section
5 . 02 . 020B (6) . If the exception procedure is utilized, a two-thirds
vote of the City Council (five votes) is required, with a finding
by the City Council that an exception to the requirement of the
procurement Ordinance is necessary and in the best interest of the
City.
The final form of the agreement must be reviewed and approved by
the Legal Department .
ALTERNATIVES
None .
RECOMMENDATION
It is recommended that City Council authorize the execution of the
agreement for engineering services with Baxter & Woodman for an
amount not to exceed $43 , 250 .
:- pectfully subm' ted,
ce /i . Parker
City Manager
HM:do
Attachments