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02-250 Resolution No. 02-250 RESOLUTION AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES AGREEMENT WITH BAXTER & WOODMAN, INC. FOR A SANITARY SEWER MASTER PLAN UPDATE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5 . 02 . 020B (9) 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 Olufemi Folarin, Interim 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 a Sanitary Sewer Master Plan Update, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: July 10, 2002 Adopted: July 10, 2002 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN, ILLINOIS SANITARY SEWER MASTER PLAN UPDATE ALTERNATIVES EVALUATION ENGINEERING SERVICES AGREEMENT THIS AGREEMENT, made and entered into this aL day of;ru t-j/ 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 has previously engaged the ENGINEER to furnish and prepare a Sanitary Sewer Master Plan Update for the CITY's Far West Planning Area; AND WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the evaluation of alternatives to the sanitary sewer system as presented in the City's Sanitary Sewer Master Plan Update. 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, for and in consideration of the mutual undertakings as set forth herein, and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, the CITY and the ENGINEER agree that the CITY does hereby retain the ENGINEER to act for and represent the CITY in the engineering matters regarding the evaluation of alternatives to the sanitary sewer system as presented in the CITY's Sanitary Sewer Master Plan Update as set forth herein subject to the following terms. conditions and stipulations, to wit: I. SCOPE OF SERVICES A. Professional services will be provided on a project-by-project basis when directed and authorized by the CITY. Authorization shall be - 1 - B A X Teti 41111 . WOODMAN Consulting Engineers given by a project specific Work Order. The standard form is attached as Exhibit A. B. All work hereunder shall be performed under the direction of the Director of Public Works of the CITY,hereinafter referred to as the "DIRECTOR". C. The professional services for the PROJECT shall include: 1. Evaluate the feasibility of alternatives to the sanitary sewer, lift station and force main locations and sizes as presented in the approved Sanitary Sewer Master Plan Update. The scope of services will be described in each work Order. The services will generally consist of the following: (a) Cost comparisons of the proposed alternatives to recommendations contained in the Sanitary Sewer Master Plan Update. (b) Verification that the proposed alternatives are consistent with the CITY's development policies and philosophies. (c) Verification of adequacy of the capacities of downstream wastewater conveyance and treatment facilities for the proposed alternatives. 2. Attendance at one meeting with the City staff and officials and Developer's representatives to discuss the evaluation of the proposed alternatives. 3. Preparation of a letter report setting forth the ENGINEERS' findings and recommendations. II. SCHEDULE A. The schedule for completion shall be shown in the Work Order. III. WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including, but not limited to, reports, designs, calculations, work drawings, studies, _ 2 _ B A X T E R 4 WOODMAN Consulting Engineers 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.C.1, I.C.2, and I.C.3 based on the ENGINEERS' hourly rates of compensation for work time performed plus expenses. A listing of the ENGINEERS' 2002 Hourly Fees and Expense Items is attached to Exhibit A hereto. The ENGINEERS' fee for each project shall be negotiated prior to commencing work on that project, and the ENGINEERS' fee for each project shall not exceed the negotiated amount, regardless of actual costs incurred by the ENGINEER unless substantial modifications to the PROJECT are authorizated in writing by the CITY. The not-to-exceed fee amount will be listed as the Work Order. 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. 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. - 3 - BAXTER WOODMAN Consulting Engineers 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 ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. IX. BREACH OF CONTRACT If either party 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. _ 4 _ B A X T E R iir WOODMAN Consulting Engineers X. INDEMNIFICATION To the fullest extent permitted by law, ENGINEER agrees to indemnify, defend and hold harmless the CITY, its officers, employees, boards and commissions, from and against any and all claims, suits,judgements, costs, attorney's fees, damages or other relief arising out of or resulting from or through or alleged to arise out of any reckless or negligent act or omission of ENGINEERS' officers, employees or agents in 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 actions shall be defended by legal counsel of the CITY's choosing. 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, written in occurrence form, with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The ENGINEER shall deliver to the DIRECTOR a Certificate of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article X entitled "Indemnification" shall be provided. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned,non-owned and hired motor vehicles, written in occurrence form, with limits of not less than $500,000 per occurrence for damage to property. - 5 - BAXTER 411. WOODMAN Cunsultzng Enginerrc 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, 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. _ 6 _ B A X T E R 411. WOODMAN Can selling Engg nens 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 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 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. �7 B A X T E R 411. WOODMAN Consulting Engines:s 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. XXIV. INTERFERENCE WITH PUBLIC CONTRACTING: P.A. 85-1295 The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of violations of either Section 33E-3 or Section 33E-4 of the Illinois Criminal Code. XXV. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; - 8 - BAXTER 4116. WOODMAN Con sulth ng Engintrrs 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. P.A. 87-1257. XXVI. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. XXVII. NOTICES All notices,reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail,postage prepaid, addressed as follows: A. As to CITY: JOHN LOETE, P.E. Director of Public Works City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B A X T E R _• WOODMAN Cansulling Engineers B. As to ENGINEER: DARREL R. GAVLE, P.E. Baxter &Woodman, 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 *4By ••► City Clerk 3tye'r (SEAL) For the ENGINEER: Dated this `7 day of ezkzeg-e , A.D., 2002. ATTEST: BAXTER&WOODMAN, INC. By % 41By ,-•= -C 7�` '�`s - Secretary President/CEO (SEAL) Attachment KWS:mk 4/8/02 H:\PROJ\ELGNC\020360\ESA 4-8-02.doc — 10 - B A X T E R iir WOODMAN Consulting Engineers EXHIBIT A CITY OF ELGIN, ILLINOIS • SANITARY SEWER MASTER PLAN UPDATE ALTERNATIVES EVALUATION WORK ORDER ENGINEERING SERVICES PROJECT # Description of Services To Be Provided: Schedule: Compensation: Compensation for the services to be provided under this Work Order will be in accordance with the Engineering Services Agreement dated . The not-to-exceed fee for the work including expenses is $ Submitted: Baxter&Woodman, Inc. Approved: City of Elgin, Illinois By: By: Title: Title: Date: Date: Additional Comments and Conditions: iir\\BAXTER\SEC\PROD\ELGNC\020360\EXHIBIT A.doc B A X T E R 4111 I WOODMAN Consulting Enginenz . BAXTER &WOODMAN, INC. 2002 HOURLY FEES AND EXPENSE ITEMS FOR PROFESSIONAL SERVICES EMPLOYEE CLASSIFICATION HOURLY FEES Principals $120 • Senior Engineers $88 to $110 Construction Managers $74 to $100 Engineers $68 to $96 Staff Engineers $64 to $70 Designers $82 CADD Operators $68 to $78 Senior Field Engineers $80 to $86 Field Engineers $80 Jr. Field Engineers $62 Senior Surveyors/Technicians $66 Surveyors/Technicians $40 to $66 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 $0.38/mile. Global Positioning System Survey Equipment Usage is $90/hour. All-Terrain Vehicle usage is $40/hour. Savannah Rain Logger usage is $10/day. Traffic Counters $50/day. H:\CORPMGMT\HOURRTS\2002\COSTS YEAR 2002.doc E R 01/10/02 iir",Tc • WOODMAN Consulting Engineers • c,<0 OF NFCC/� City of Elgin Agenda Item No. G •,. - June 21, 2002 N _r TO: Mayor and Members of the City Council ECONOMIC GROWTH FROM: Olufemi Folarin, Interim City Manager SUBJECT: Engineering Services for Evaluation of Alternatives to the Sanitary Sewer Master Plan Update PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an engineering services agreement to evaluate proposed sewer system alternatives to the Sanitary Sewer Master plan adopted for areas west of Randall Road. BACKGROUND On May 22 , 2002 the City adopted the 2002 Sanitary Sewer Master Plan Update, prepared by Baxter and Woodman, which provided tentative sizing and general routing for the main trunk (interceptor) sewers needed to serve the Far West Area. The objective of the Master Plan was to lay out a sewer system that provides that service at the lowest total cost (capital construction cost plus long term operating cost) . The system outlined in the plan consisted of gravity sewers and minimized the number of sewage pumping stations. Such a system has a somewhat higher construction cost but significant savings in operating cost over its 50 to 100 year life. During the course of the Master Plan update project, staff received a number of requests from developers to consider alternative proposals on how to serve their specific development. The objective of the alternatives presented was, in general, to expedite serving the development by constructing a less expensive sewer system that served only that development, thereby increasing costs to subsequent developers. Additionally, proposals often utilized a pumping station which would cost the City much more to operate and maintain. The Master Plan Update was completed in accordance with the original objective of insuring that the proposed sewer system has the ability to economically serve the rAlternative Evaluation - Far West Sewer Study June 21, 2002 Page 2 entire acreage included in the intended Far West service area. As development progresses, it is likely that a lower impact sewer routing may result or that the absence of "downstream" development will require that a temporary sewer system be constructed and used on an interim basis until interceptor sewers can be extended. A structured procedure to review and respond to such requests is needed. With that in mind, Baxter and Woodman was requested to develop a proposal to analyze the service alternatives as they are received. The agreement to implement that proposal is attached for your consideration. Under the proposed review procedure, when a developer approaches the City with an alternative, staff will review it with them to verify that the plan has been properly researched and seems workable. Staff will also work with different developers to urge them to coordinate their proposals and share costs for extending sewer service to their area. Valid proposals will be forwarded to Baxter and Woodman to develop a not-to-exceed cost quotation for the review. The developer will be required to deposit funds with eft. the City to cover the review cost, before it will proceed. The review will consider and verify the sizing and cost of the alternative proposed as well as evaluate its impact on future service to adjacent areas. Where appropriate, modifications to the proposal may be suggested to meet the City' s objectives. In addition to developer requested reviews, the agreement allows for the City to request consideration of routing alternatives where the route proposed in the Master Plan is too sensitive (environmentally or disruptive to residents/businesses) or where the City' s development plans vary. Examples of possible City changes include the potential of serving areas west of Gilberts, evaluating wastewater treatment expansion, routing around Forest Preserve properties or combining two large trunk lines into one. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. Y14— / FINANCIAL IMPACT Generally the cost to evaluate an alternative will beless than $5, 000 . In cases where the developer is requesting the evaluation rk of an alternative, the developer will deposit funds with the City which shall be used to pay for the engineering services. In cases where the City desires to evaluate an alternative and the cost is Alternative Evaluation - Far West Sewer Study June 21, 2002 Page 3 less than $5, 000, the City Engineer will authorize the work Order and charge the cost to the General Fund account, number 010-3312- 752 .30-03, for Architectural and Engineering Services. If the cost is greater than $5, 000, a memorandum will be submitted to City Council requesting authorization for the work order. 1 'I LEGAL IMPACT 1 The attached agreement with the engineer, Baxter and Woodman, would require an exception to the City' s procurement ordinance as provided for in Section 5 . 02 . 020B (9) . Such an exception requires five (5) affirmative votes . ALTERNATIVES A) Reject the agreement and consider engineering proposals for each alternative as it is submitted. B) Accept the agreement . RECOMMENDATION it is recommended that the City Council authorize the City Manager to execute the agreement with Baxter and Woodman to provide engineering services to evaluate alternative to the adopted 2002 Sanitary Sewer Master Plan Update. Respectfully submitted, Olufemi Fo arin Interi y Manager JE:do Attachments