02-142 Resolution No. 02-142
RESOLUTION
AUTHORIZING EXECUTION OF AN OFF-SITE SANITARY SEWER LINE
DESIGN, ENGINEERING AND CONSTRUCTION REIMBURSEMENT AGREEMENT
WITH THE BOARD OF EDUCATION OF SCHOOL DISTRICT U-46
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk,
be and are hereby authorized and directed to execute an Off-Site
Sanitary Sewer Line Design, Engineering and Construction
Reimbursement Agreement on behalf of the City of Elgin with the
Board of Education of School District U-46 for a sanitary sewer
line along Hopps Road, a copy of which is attached hereto and
made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: April 24 , 2002
Adopted: April 24 , 2002
Omnibus Vote: Yeas : 7 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
RAGREE/SEWER.U46
Draft 12/20/01
OFF-SITE SANITARY SEWER LINE
DESIGN, ENGINEERING AND CONSTRUCTION REIMBURSEMENT AGREEMENT
This Off-Site Sanitary Sewer Line Design,
Engineering and Construction Reimbursement Agreement
( "Agreement" ) is made and entered into this 1p rt� day of
pj�,C4 , 2002 , by and between the CITY OF ELGIN, a municipal
cor oration, organized and existing under the constitution and
the statutes of the State of Illinois (hereinafter referred to
as the "City" ) and BOARD OF EDUCATION OF SCHOOL DISTRICT 46,
Kane and Cook Counties, Illinois, a body politic, (hereinafter
referred to as "Owner" ) .
RECITALS
WHEREAS, the Owner is the owner of record of the
real property described in Exhibit A attached hereto and by
this reference incorporated herein ( "Subject Property" ) ; and
WHEREAS, the City is constructing certain sanitary
sewer improvements in the general vicinity of the Subject
Property; and
WHEREAS, the Owner desires the City to contract for
the design, engineering and construction of an off-site
sanitary sewer to serve the Subject Property (hereinafter
referred as to the "Subject Off-Site Sanitary Sewer Line" ) .
NOW, THEREFORE, for and in consideration of the
foregoing recitals, which, by this reference, are incorporated
herein, the mutual covenants herein contained, and for other
good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto agree as
follows :
1. Construction of the Subject Off-Site Sanitary Sewer
Line
A. The City shall promptly begin and diligently pursue
to completion the design, engineering, and
construction of the Subject Off-Site Sanitary Sewer
Line subject to the Owner' s approval and deposit of
the Design, Engineering and Construction
Reimbursement (as hereinafter defined) in accordance
with the terms of this Agreement .
B. The Subject Off-Site Sanitary Sewer Line shall be
designed and engineered by Baxter & Woodman, Inc. ,
an Illinois corporation, consulting engineers
("Baxter & Woodman") , pursuant to an agreement
between the City and Baxter & Woodman ( "B & W
Agreement" ) , dated , which is
attached hereto and made a part hereof as Exhibit B,
as hereafter amended, whereby Baxter & Woodman was
engaged by the City to perform certain professional
services in connection with the preparation of
plans, specifications, estimates of cost, and
construction-related engineering services for the
Subject Off-Site Sanitary Sewer Line. The Owner
agrees to reimburse the City for all costs incurred
by the City in reference to the Subject Off-Site
Sanitary Sewer Line .
Within ten (10) business days following the
execution of this Agreement, the Owner shall deposit
the sum of $202 , 710 being the agreed estimate for
the Design, Engineering and Construction
Reimbursement, with the City. The City shall
deposit such funds, and any additional funds paid to
the City by the Owner as and for the Design,
Engineering and Construction Reimbursement, in the
City' s project account for the Hopps Road School
sanitary line . The deposit of $202 , 710 with the
City shall not relieve the Owner of its obligation
to pay to the City the full amount of the Design,
Engineering and Construction Reimbursement should
actual cost exceed the deposit amount .
C. The Subject Off-Site Sanitary Sewer Line shall be
designed, engineered and constructed to serve the
Hopps Road School as depicted in Exhibit C attached
hereto and made a part hereof .
D. The Subject Off-Site Sanitary Sewer Line shall be
designed and engineered to provide carrying capacity
sufficient to accommodate the Subject Property and
any additional areas which the City intends to be
serviced by the sanitary sewer and the Subject
Off-Site Sanitary Sewer Facilities .
2 . Miscellaneous Provisions
A. Notice . Any notice or other communication required
or permitted to be given under this Agreement shall
be in writing and shall be (i) personally delivered,
(ii) delivered by a reputable overnight courier, or
(iii) delivered by certified mail, return receipt
requested, and deposited in the U. S . Mail , postage
prepaid. Unless otherwise expressly provided in
this Agreement, notices shall be deemed received
upon the earlier of (x) actual receipt ; (y) one (1)
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business day after deposit with an overnight courier
as evidenced by a receipt of deposit; or (z) three
(3) business days following deposit in the U. S .
Mail, as evidence by a returned receipt .
Notices and communications to City shall be
addressed to, and delivered at, the following
address :
City Engineer
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
with a copy to :
Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
Notices and communications to Owner shall be
addressed to, and delivered at, the following
address :
Board of Education of
School District U-46
355 E. Chicago Street
Elgin, Illinois 60120
with a copy to:
Seyfarth Shaw
55 E. Monroe Street,
Chicago, IL 60603
By notice complying with the requirements of this
Section, each party shall have the right to change
the address or the addressee, or both, for all
future notices and communications to such party, but
no notice of a change of addressee or address shall
be effective until actually received.
B. Time of the Essence . Time is of the essence in the
performance of all terms and provisions of this
Agreement .
C. Rights Cumulative . Unless expressly provided to
the contrary in this Agreement, each and every one
of the rights, remedies and benefits provided by
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this Agreement shall be cumulative and shall not be
exclusive of any other such rights, remedies and
benefits allowed by law.
D. Non-Waiver. Neither party shall be under any
obligation to exercise any of the rights granted to
it in this Agreement except as it shall determine to
be in its best interest from time to time . The
failure of a party to exercise at any time any such
right shall not be deemed or construed as a waiver
thereof, nor shall such failure void or affect such
party' s right to enforce such right or any other
right .
E. Governing Law. This Agreement shall be governed by,
construed, and enforced in accordance with the
internal laws, but not the conflicts of laws rules,
of the State of Illinois .
F. Severability. If any term, covenant, condition or
provision of this Agreement is held by a court of
competent jurisdiction to be invalid, voir or
unenforceable, such holding shall not affect the
validity or enforceability of the remainder of this
Agreement .
G. Entire Agreement . This Agreement shall constitute
the entire agreement of the parties to this
Agreement . All prior agreements between the
parties, whether written or oral , are merged in this
Agreement and shall be of no force and effect .
H. Interpretation. This Agreement shall be construed
without regard to the identity of the party who
drafted the various provisions of this Agreement .
Moreover, each and every provision of this Agreement
shall be construed as though all parties to this
Agreement participated equally in the drafting of
this Agreement . As a result of the foregoing, any
rule or construction that a document is to be
construed against the drafting party shall not be
applicable to this Agreement .
I . Headings . The headings, titles and captions in this
Agreement have been inserted only for convenience
and in no way define, limit, extend, or describe the
scope or intent of this Agreement .
J. Exhibits . Exhibits A, B and C attached hereto are,
by this reference, incorporated in and made a part
of this Agreement . In the event of a conflict
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between an exhibit and the text of this Agreement,
the text of this Agreement shall control .
K. Indemnification. Owner shall, to the fullest extent
permitted by law, indemnify, defend and hold
harmless the City, its officers, employees, boards
and commissions from and against any and all claims,
suits, judgments, costs, attorney' s fees, damages or
other relief arising out of or resulting from the
performance of this Agreement . In the event of any
action against the City, its officers, employees,
agents, boards or commissions covered by the
foregoing duty to indemnify, defend and hold
harmless, such action shall be defended by legal
counsel of the City' s choosing.
L. Amendments and Modifications . No modification,
addition, deletion, revision, alteration, or other
change to this Agreement shall be effective unless
and until such change is reduced to writing and
executed by all parties to this Agreement .
M. No Third Party Beneficiaries . No claim as a third
party beneficiary under this Agreement by any
person, firm or corporation shall be made, or be
valid, against either party hereto.
N. No Warranties or Guarantees . Notwithstanding
anything to the contrary provided in this Agreement,
it is agreed and understood that the City is not
providing any express or implied warranties,
including but not limited to the WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE OR
"MERCHANTABILITY" , or guarantees with respect to the
design or construction of the sanitary sewer. The
City shall assign to the Owner any guarantees or
warranties from Baxter & Woodman and/or the
contractor constructing the sanitary sewer.
O. Schedule. The City shall use reasonable efforts to
complete the design, engineering and construction of
the Subject Off-Site Sanitary Sewer Line by
August 15, 2002 , but it is agreed and understood
that the City shall have no liability if same is not
completed by said date .
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IN WITNESS WHEREOF, the parties hereto have entered
into and executed this Off-Site Sanitary Sewer Line Design,
Engineering and Construction Agreement on the date and year
first written above .
CITY OF ELGIN BOARD OF EDUCATION OF
SCHOOL DISTRICT U-46
BY t._..� ��� Ade By •�"_ //%1 �
ayor I t- - " 5�,.ail.,, . a ..
Attest : Att::-t :
City Clerk Secretary
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EXHIBIT A
Property Description
THAT PART OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHEAST
QUARTER OF SECTION 32; THENCE NORTH 00 DEGREES 20 MINUTES 32 SECONDS EAST, ALONG THE EAST LINE
OF SAID NORTHEAST QUARTER OF SECTION 32, A DISTANCE OF 29.60 FEET; THENCE SOUTH 88 DEGREES 46
MINUTES 54 SECONDS WEST, PARALLEL WITH THE SOUTH LINE •OF SAID NORTHEAST QUARTER OF SECTION 32, A
DISTANCE OF 625.92 FEET TO AN EXISTING IRON ROD ON THE NORTHEASTERLY LINE OF COMED PROPERTY PER
DOCUMENT NO. 1347162 AS MONUMENTED; THENCE NORTH 56 DEGREES 58 MINUTES 13 SECONDS WEST, ALONG
SAID NORTHEASTERLY LINE AS MONUMENTED, A DISTANCE OF 462.31 FEET FOR THE POINT OF BEGINNING; THENCE
NORTH 56 DEGREES 58 MINUTES 13 SECONDS WEST, ALONG SAID NORTHEASTERLY LINE AS MONUMENTED, A
DISTANCE OF 797.48 FEET TO AN EXISTING IRON ROD AT AN ANGLE POINT IN SAID NORTHEASTERLY LINE AS
MONUMENTED; THENCE NORTH 57 DEGREES 52 MINUTES 17 SECONDS WEST, ALONG SAID NORTHEASTERLY LINE, A
DISTANCE OF 752.22 FEET TO AN ANGLE IN SAID NORTHEASTERLY LINE; THENCE NORTH 63 DEGREES 14 MINUTES
51 SECONDS WEST, ALONG SAID NORTHEASTERLY LINE AS MONUMENTED, A DISTANCE OF 168.28 FEET TO THE
CENTER UNE OF AN EAST AND WEST ROAD (HOPPS ROAD) AS TRAVELED; THENCE NORTH 89 DEGREES 07
MINUTES 36 SECONDS EAST, ALONG SAID CENTER LINE, A DISTANCE OF 1441.85 FEET ;THENCE SOUTH 00
DEGREES 52 MINUTES 24 SECONDS EAST A DISTANCE OF 932.57 FEET TO THE POINT OF BEGINNING. SITUATED IN
ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS AND CONTAINING 15.02 ACRES MORE OR LESS.
STATE OF ILLINOIS )
) SS
COUNTY OF KANE )
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.>t:ti
CITY OF ELGIN, ILLINOIS
DISTRICT 46 SANITARY SEWER
DESIGN AND CONSTRUCTION
ENGINEERING SERVICES AGREEMENT
ENGINEERING SER VICES A GREEIIMENT
THIS AGREEMENT, made and entered into this _ day of , 2002, 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 design and construction of the District 46
Sanitary Sewer(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:
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1. 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".
13. The professional services to be provided by the ENGINEER under
this Agreement have been divided into two phases as follows:
1. Paragraphs C.1 and C.2 are funded under the lump sum fee
identified in Paragraph 1V_A.
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2. Paragraph D is funded under the not-to-exceed fee
identified in Paragraph IV.B.
C. In general, the initial professional services to be performed under
this Agreement will consist of the following.
1. Preparation of the Final Design Documents for the District
46 Sanitary Sewer,ENGINEER's Project No. 011106.
2. Performance of bidding and preconstruction award services
for the District 46 Sanitary Sewer, consisting of the
following:
a. Bid Document Printing
b. Bid Document Distribution
c. Pre-Bid Meetings
d. Bid Evaluations
e. Recommendation for Award
A detailed Scope of Services for the services described in the
foregoing Paragraphs C.1 and C.2 is attached hereto as Attachment
A.
D. The construction-related services to be performed under this
Agreement will consist of the following:
1. General Construction. Administration and Resident Project
Representative for the District 46 Sanitary Sewer,
ENGINEER's Project No. 011108.
2. Additional services for the District 46 Sanitary Sewer
project, provided after the original construction contract
final completion date, or in regards to warranty work by the
Contractor.
A detailed Scope of Services for the services described in the
foregoing Paragraphs 0.1 and D. 2 is attached hereto as
Attachment B.
II. PROGRESS REPORTS
A. Progress will be submitted monthly as a component of the Status
Report described in B. below.
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B. The ENGINEER will submit to the DIRECTOR monthly a Status
Report. A brief narrative will be provided identifying progress,
findings, and outstanding issues.
111. 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 arc 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. The CITY shall reimburse the ENGINEER for professional
services described in Paragraphs T_C.1 and 1.C.2, a lump sum of
Nine Thousand Eight Hundred Dollars ($9,800), regardless of
actual costs incurred by the ENGINEER unless substantial
modifications to the PROJECT are authorized in writing by the
CITY.
B. The ENGINEER's fee for the construction-related services
described in Paragraph T_D.1 shall be reimbursement for all actual
direct employee compensation, overhead, and expenses, plus ten
(10) percent of the sum of the direct costs, overhead, and non-
payroll expenses for readiness to serve and profit. For the period
from the bid opening to the original construction contract final
completion date, the total amount will not exceed Ten Thousand
Eight Hundred and Ninety Dollars ($10,890) unless this agreement
is modified by a change order or amendment.
1. The compensation for engineering services set forth in
Paragraph B above does not include any overtime hours for
Resident Project Representatives. In the event the
Contractor works more than eight (8) hours on any
weekday, or works any time on Saturdays, Sundays or
holidays, during which time Resident Project
Representatives are required to be present, the CITY shall
pay the ENGINEERS extra compensation on a time-and-a-
half basis for all time of more than eight (8) hours on any
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weekday and all lime on Saturdays, and on a double time
basis for all time on Sundays and holidays. Note: The
Supplementary Conditions of the construction contract
documents state that the CITY can deduct overtime
engineering costs from payments to the construction
contractor.
2. The compensation set forth in Paragraph B above does not
include any engineering services after the original
construction contract completion date for the PROJECT.
In the event the CITY approves and authorizes an extension
of time for the Contractor to complete the construction
work, the compensation for engineering services set forth
in Paragraph E shall be increased for the additional services
required of'the ENGINEERS. In the event the Contractor
does not complete the construction work within the contract
completion time including any extensions thereof granted
by the CITY, the CITY shall pay the ENGINEERS extra
compensation for all direct employee compensation,
overhead, and expenses, plus a profit of ten (10) percent of
the reimbursable amounts, until the PROJECT construction
work has been accepted by the CITY.
3. The compensation set forth in Paragraph B does not include
any engineering services regarding warranty work by the
Contractor after the PROJECT, or parts thereof, has been
accepted for operational use by the CITY. In the event that
warranty work is required of the Contractor, the CITY shall
pay the ENGINEERS extra compensation for all direct
employee compensation, overhead, and expenses, plus a
profit of ten (10) percent of the reimbursable amounts, to
assist the CITY in enforcing the Contractor's guaranty to
repair or replace defective work within the warranty time
stated in the Construction Contract Documents.
C. The CITY shall make periodic payments to the ENGINEER based
upon actual progress within thirty (30) days after receipt and
approval of invoice.
D. A detailed breakdown for the services described in Paragraphs
I.C.1 and T.C.2 is attached hereto as Attachment C-1.
E. A detailed breakdown for the services described in Paragraphs
I.D.1 and I.D.2 is attached hereto as Attachment C-2.
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V. INV OTCES
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 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 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 fifteen (15) days after occurrence of such action.
No claim for additional compensation shall be valid unless so made. Any
changes in the ENGCNEER'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
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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 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) 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 ENGINEER arising out of the
performance of professional services.
XL 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.
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The Certificate of Insurance which shall include Contractual
obligation assumed by the ENGINEER under Article X entitled
"Indemnification" shall be provided_
B. Comprehensive Automobile Liabilitom. 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.
X111. 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, maritalstatus, 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
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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.
XVII. NO COPARTNERSHIP 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. SEVERABFLITY
The parties intend and agreed that, if any paragraph, subparagraph, 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 arc they
intended to define, limit or describe the scope of intent of any provisionof
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.
X.XI. APPLIC ABLE 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.
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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.
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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.
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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 ofsexual 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 Acta
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 niade br 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: •
JOHN LOETE,:P.E..
Director of Public Works
•
= 10-
02/13/92 WED 15:34 FAX 815 455 0450 BAXTER & WOODMAN ( 1012
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER:
DARREL R. GAVLE, I .E.
Baxter& Woodinan, Inc_
8678 Ridgefield Road
Crystal Lake, Illinois 60012-2797
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, ILLINOIS
By By .
City Clerk City Manager
(SEAL)
For the ENGINEER:
Dated this day of_ 2002.
ATTEST: BAXTER&WOODMAN, INC.
By : By
Secretary President/CEO
(SEAL) :
RWCi:csw 2113/02 : H:WRO.11ELGNC101I10MESA.duc
11
02/13/02 WED 15:34 FAX 815 455 0450 BAXTER & WOODMAN (1013
CITY OFGIN,ILLINOIS
DISTRICT 46 SANTTARY SEWER
DESIGN AND:CONSTRUCTION
ENGINEERING SERVICES AGREEMENT
ATTACHMENT A
SCOPE OF SERVICE —DESIGN AND BIDDING SERVICES
FINAL DESIGN SERVICES
I. Conduct Field Surveys
Conduct field survey of the Disict46 Sanitary Sewer route. Use total station survey
equipment to obtain the survey:data,and download the surveyed data correctly in the
CADD system.
2. Coordinate Wetlands Delineation
Coordinate the efforts required to:identify wetlands along the route of the sanitary
sewer.
3. Coordinate Geotechnical Consultant
Coordinate the efforts of the gecteetmical consultant to obtain soil borings along the
route of the sanitary sewer.
3. Easement Acquisition Assistance:::::.
Provide assistance to the City:as heeded to obtain the necessary easements for the
sanitary sewer.
4. Coordinate Sewer Invert with S Hnol Design
Coordinate with the District 46.design engineer to ensure consistency between the
design of the sanitary sewer and:.ti a upstream reaches being designed by the School
District.
02/13/02 WED 15:35 FAX 815 455 0450 BAXTER & WOODMAN 0014
Attachment A 2.
5. Prepare Final Drawings
Prepare the final design drawingssfiowi.ng:the plan and profile views of the sanitary
sewer, and all other associated details for construction.
6. Prepare Technical Specifications•
Prepare the technical specifications'for the sanitary sewer. Specifications will be
prepared in CSI format.
7. Prepare Opinion of Probable Construction Costs
Prepare the Engineer's opinion Of probable construction cost, based upon the
quantities of work to be bid.
S. Prepare Construction Contract.Doeinnents
Prepare construction contract::documents consisting of the Notice to Bidders,
Instructions to Bidders,Bid Forri ,Agreement, Performance Payment Bond, General
Conditions, and Supplementary::•Conditiozls_ Submit the contract documents to the
City for review and approval byCty officials and legal counsel.
•
9. Permit Applications
Prepare and submit all necessary permit applications for the project.
10. Meetings
Attend meetings with the Cityand:other parties as necessary during the design phase
of the project.
ASSISTANCE DURING BIDDING
Assist the City in solicitation ofconstruction bids from as many qualified bidders as
possible. Print the bidding documents including the drawings, specifications, and
contract documents, and distnbitie them to bidders and suppliers_
RW13;rwb 2/13/02
11:U'ROJ\GLGNC10111061NtachmcnlA fur FSA.dtx :
02/13/.02 WED 15:35 FAX 815 455 0450 BAXTER & WOODMAN el015
CITY OF;EIGIN,ILLINOIS
DISTRICT 46.SANITARY SEWER
DESIGN ANDtONSTRUCTION
ENOINEERING SERVICES AGREEMENT
ATTACH-IMENT B
SCOPE OF SERVICES —CONSTRUCTION-RELATED SERVICES
CONSTRUCTION-RELATED SERVICES
I. Represent City
Act as the CITY's representative'.with duties, responsibilities and limitations of
authority as assigned in the Cbnstiuction Contract Documents, and advise and
confer with CITY officials durin :construction and issue the CITY's authorized
instructions to the Contractor.
2. Provide Resident Project Represeritative
Provide Resident Project Representatives at the construction site on either a full-
time basis of forty (40) hob's ger, week from Monday through Friday, not
including legal holidays, or on a periodic part-time basis from the ENGINEER's
office of not more than eight (8)hours per regular weekday, as deemed necessary
by the ENGINEERS, to stake-out: construction lines and grades, to assist the
Contractor with interpretation of the Drawings and Specifications, to observe in
general if the Contractor's ::work is in conformity with the Final Design
Documents, and to monitor:::the Contractor's progress as related to the
Construction Contract date of completion. However, the ENGINEERS are not
responsible for the Contractor's: construction means, methods, techniques,
sequences or procedures, tune 'of performance, compliance with Laws and
Regulations, or safety preca'at Ons and programs in connection with the
PROJECT, and the ENGINEERS do not guarantee the performance of the
Contractor and are not responsible for the Contractor's failure to execute the work
in accordance with the Construction Contract Documents.
3. Review Submittals
Review and approve Shop Drawings, Manufacturer's Literature, Samples, and
other submittals by the Contractor, but only for compliance with the Drawings
and Specifications as to quality::Otrnateriais and performance of equipment. Such
review shall not be construed:asxelicving the Contractor of the responsibility to
meet requirements of the Construction Contract Documents.
02/13/02 WED 15:36 FAX 815 455 0450 BAXTER & WOODMAN
( l016
Attachment B 2.
4. Review Test Reports
Review laboratory, shop and Mjil test reports of materials and equipment
furnished and installed by the Contractor.
5. Review Requests for Payment
Review the Contractor's requests for payments as construction work progresses,
and advise the CITY of the amounts due and payable to the Contractor in
accordance with the terms of the Construction Contract Documents.
6. Prepare Change Orders
Prepare Construction Contract Change Orders when authorized by the CITY.
7. Conduct Final inspection
Conduct a final inspection oflOngiuction work, review the Contractor's written
guarantees, and issue an opinion Of:satWactory completion for acceptance of the
PROJECT by the CITY.
8. Prepare Record Drawings
Prepare construction record dra,V*igs which show field measured dimensions of
the completed work which the ENGINEERS consider significant and provide the
CITY with one set of reproducible record drawings and all equipment operation
and maintenance manuals within ninety(90)days of the PROJECT completion.
ADDITIONAL SERVICES
9. Extended Contract Time
Provide construction-related engiteerifig services including, but not limited to,
General Construction Administration and Resident Project Representative
Services after the original COnStinction contract final completion date for the
PROJECT.
02/13/02 WED 15:36 FAX 815 455 0450 BAXTER & WOODMAN 01017
•
Attachment B 3.
10. Warranty Work
Provide construction-related engineering services regarding warranty work by the
Contractor after the PROJECT;>:;. of parts thereof, have been accepted for
operational use by the CITY
`.S �i services will include, but not be limited to
assistance to the CITY in enforci4:•::the Contractor's guaranty to repair or replace
defective work within the warraty time stated in the Construction Contract
Documents for the.PROJECT. :' •
•
•
•
•
•
RWt3:csw 2113/02
H:1P RO.I\I;LGNC\011 1061Attachment B for bSA.doc.:': : •
5�i
02/13/02 WED 15:36 FAX 815 455 0450 BAXTER & WOODMAN l 1018
•
•
•it
err OIP'TLG1N,ILLINOIS
DISTRICT 40ANITARY SEWER
DESIGN AND CO STRCJCTION SERVICES
ENGIN1.EIt1r G RVICFS AGREEMENT
•
A1MENT C-1
F,STLMATFS(lir LIME AND COST FOI 'DISI RICT.46,SANITARY SEWER DESIGN SERVICES
•
I STIMATF,D MANIIOCJRS
IPect Project
::GIipiier :> Engineer Technician Secretarial
DESCRIPTION ` .@ /ltt rd$78/hr @$66/lar @$45/hr Total Cost
1. DISTRICT 46 SANITARY SEWER
A. Conduct Field Surveys :i :2; 16 $1244
B. Coordinate Wetlands Delineations :44 •
C. Coordinate Geotechnical Consultant :>'2'. $188
D. Easement Acquisition Assistance •• ••.:1•'.: 4 $406
E. Coordinate Sewer Invert w/School Design : 1 . 4 $406
F. Prepare Final Design Drawings 2' , 16 24 $3,020
G. Prepare Technical Specifications . 8 8 $1,172
1-1. Prepare Opinion of Probable Costs ••••!;,1 : 4 $406
I. Prepare Construction Contract Documents ::':4': • 4 5556
J. Permit Applications s"1: • 4 4 $586
K. Bid Assistance ;: • 4 4 $1,196
L. Meetings 4.` • 5376
M. Milage&Misc.Expenses $60
14
SUBTOTAL 400 • 40 44 20 $9,804
SAY ' ,: $9,800
+ ''i...�:
•
:i`
•
Attadurtant C-t'for ESA
02/13/.02 WED 15:37 FAX 815 455 0450 BAXTER & WOODMAN 019
iCb�
si
CITYOFELGIN,:ILLINOIS
DISTRUCT44SANITARY SEWER
Dr SIGN?'AT1,ih;•£ONSTRUCTION
FNCINEERIN RVTGRS AGREEMENT
kii'A MENi C-2
ESTIMATES O1'TIME AND COSI FOR:DISTRICT 46 SANITARY SEWER
CONSTRU(;'I'1.0 1REl(.ATED SERVIC F$
31:..s.:: E 'TIMATED MANIIOURS
Resident
t$lor' Project
Finer Representative Technician Direct
` @$32/hr @$251hr Labor Cost
rid l ��i
1. DISTRICT 46 SANITARY SEWER •},^.>
A. Project Management `: 4• $160
B. Drafting,Record Drawings ''i`?. 4 $100
C, Normal Shop Drawing Review •:: :1 4 $i 00
D. General Construction Administration ' :s„< ''
Construction Contract Documents .�;:;.2 ' $80
Preconstruction Meeting '..:i.f.',.::: • $80
Insurance '•::•2 •• $80
: ,,
Field Orders :� ;I;r>•; $80
Pay Requests ,i..
2 ••
• a : $80
Review Test Results
•'='; 2 $80
Periodic Progress Meetings i 6 $192
Monitor Construction Schedule ref 12 $80
Notice of Acceptablility of Work ` .:113P.:1 . $40
E. Work Change Directives and Change Orders a.:4 $160
F. Construction Issues investigations ` :1;:k.4 •• $160
G. Construction Staking 4 $128
H. Field Observation,Full Time 40 $1,280
I. Field Observation,Part Tiimc :i`•' • 8 $256
}"•x $0
1. Start-Up ;i .
i
.
K. Operation and Maintenance Manua! , ; $0
L. Milagc ;i''.' $600
TOTAL DIRECT LABOR COSTS ::. sr.27 . ; i. 58 8 $3,736
OVERHEAD165%@ :0:..:• $6,164
PROFIT @ 10%
..... .` $991.1
'rOTA!,ENGINEERING FEES $10,890
r
•:.,.W.::
:gt.
N. '
ii
I.:.
:Alla aht C-itor.ESA
.��OF
y Q o Agenda Item No.
City of Elgin
E
17+ . •l1Of°
April 5, 2002
Nr
TO: Mayor and Members of the City Council ECONOMIC GROWTH
FROM: Olufemi Folarin, Interim City Manager
SUBJECT: Off-Site Sanitary Sewer Line Design, Engineering
and Construction Reimbursement Agreement with
School District U-46
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 School District U-46 for the design and construction
of a sewer needed to serve the new school along Hopps Road.
BACKGROUND
School District U-46 is currently constructing a new school
building along the south side of Hopps Road just west of Randall
Road. In order to provide this facility with sanitary sewer
service, a new sewer line needs to be installed and connected to
the interceptor sewer that carries sewage to the Otter Creek Lift
Station.
School District U-46 approached City Staff and requested that the
City consider designing and constructing this sewer main in
conjunction with the Otter Creek Lift Station Force Main project .
The subject sewer main would be installed in the same easements as
the force main and be installed at the same time as the force main.
The agreement with U-46 provides for payment to the City for design
and construction engineering, to be completed by Baxter & Woodman,
and for the construction cost to install the sewer.
A copy of the agreement is attached as Exhibit A.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None .
r
Reimbursement Agreement with School District U-46
April 5, 2002
Page 2
FINANCIAL IMPACT
The cost for design and construction engineering is $20 , 690 . An
Engineering Services Agreement with Baxter & Woodman is included in
the U-46 agreement . The estimated construction cost is $182 , 020 .
The total value of the agreement with U-46 is $202 , 710 . 00 . All
costs associated with this agreement will be borne by School
District U-46 . Funds in the above amount have been received from
School District U-46 .
N),A40GAL IMPACT
None .
ALTERNATIVES
1 . Approve the reimbursement agreement with School District U-46 .
2 . Do not approve the reimbursement agreement with School District
U-46 .
er. RECOMMENDATION
It is recommended that the City Council approve the Off-Site
Sanitary Sewer Line Design, Engineering and Construction
Reimbursement Agreement with School District U-46 .
Respectfully submitted,
231- ;
Olufemi Fol in
Interim ger
SP:do
Attachment
r