03-300 Resolution No . 03-300
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
ROBINSON ENGINEERING, LTD. FOR THE FOX RIVER WATER RECLAMATION
DISTRICT FACILITY PLANNING AREA PROJECT
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 interest of the city; and
BE IT FURTHER RESOLVED that David M. Dorgan, City Manager, and
Dolonna Mecum, City Clerk, be and are hereby authorized and
directed to execute an agreement on behalf of the City of Elgin
with Robinson Engineering, Ltd, for preparation of a water quality
management plan amendment for the expansion of the City of Elgin
and the Fox River Water Reclamation District Facility Planning
Area, a copy of which is attached hereto and made a part hereof by
reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: October 22 , 2003
Adopted: October 22 , 2003
Vote : Yeas : 5 Nays : 1
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
10116103 Project 03-490
AGREEMENT
THIS AGREEMENT, made and entered into this 2aNtpday of ILraeci2 , 2003, by and
between the CITY OF ELGIN, an Illinois municipal orplll nos (hereinafter
Professional red to as
"CITY") and ROBINSON ENGINEERING, LTD., an
(hereinafter referred to as "ENGINEER").
WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional
services in connection with the preparation of a water quality management plan
amendment for the expansion of the City of Elgin and the Fox River Water Reclamation
District Facility Planning Area (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 for and in consideration of the mutual
promises and covenants contained herein, the sufficiency of which is hereby
acknowledged, to act for and represent it in the matters involved in the PROJECT as
described herein, subject to the following terms and conditions, to-wit:
1. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the City
Manager of the CITY.
B. The ENGINEER shall prepare a water quality management plan (the"PLAN")
amendment for the expansion of the City of Elgin and Fox River Water
Reclamation District(FRWRD) Facility Planning Area (FPA). The proposed
FPA expansion area is in general located to the west of the CITY's and
FRWRD's existing FPA. The precise boundaries of the proposed FPA
expansion area to be included in the PLAN to be prepared by the
ENGINEER shall be provided by the CITY to the ENGINEER. The PLAN
shall be prepared by the ENGINEER in accordance with the Northeastern
Illinois Planning Commission guidance documents, application forms, and
the Illinois Environmental Protection Agency's (IEPA) procedures and
requirements in effect at this time for revising water quality management
plans.
2. SCHEDULE
A. ENGINEER shall complete all of the services and work to be performed
pursuant to this Agreement prior to December 1, 2003 it being agreed and
understood that the subject facility planning area amendment to be prepared
by the ENGINEER is to be filed with the Northeastern Illinois Planning
Commission on or before December 1, 2003.
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R
B. The ENGINEER will submit to the City Manager a monthly status report. A
brief narrative will be provided identifying progress,findings and outstanding
issues.
3. WORK PRODUCTS
All work products prepared by the ENGINEER pursuant hereto including, but not
limited too, 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 CITY 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.
The work products prepared or furnished under this agreement are instruments of
service, and the ENGINEER retains an ownership and property interest in such
documents.
4. PAYMENTS TO THE ENGINEER
A. For services provided by the ENGINEER the CITY shall pay the ENGINEER
as follows:
1. An amount equal to the cumulative hours charged to the PROJECT
by each class of ENGINEER's employees times standard hourly rates
for each applicable billing class for all services performed on the
PROJECT, plus reimbursable expenses and ENGINEER's consultant
charges, if any, with the total fee and expenses to be paid to the
ENGINEER not to exceed $21,775 regardless of the actual time
expended or actual costs incurred by the ENGINEER unless
substantial modifications to the Scope of Work are authorized by the
CITY by way of written amendment to this Agreement agreed to by
the parties hereto.
2. ENGINEER's standard hourly rates are set forth in Exhibit 1 attached
hereto and made a part hereof by this reference.
B. The CITY shall make periodic payments to the ENGINEER based upon
actual progress within thirty (30) days after receipt and approval of an
invoice.
5. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the CITY.
Progress reports (213 above) will be included with all payment requests.
B. The ENGINEER shall maintain records showing actual time devoted and
cost incurred. The ENGINEER shall permitthe 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.
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6. 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 ination, except that rreimbu reimbursement shall)not expenses
xceed the total amount etiforth
termination,
under Paragraph 4 above.
7. TERM
This Agreement shall become effective as of the date the ENGINEER is given a
notice to proceed and, unless terminated for cause or pursuant to Article 5, 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 or thereafter
acquire with respect to any term or provision of the Agreement.
8. NOTICE OF CLAIM
If the ENGINEER wishes to make a claim for additional compensation as a result of
action taken by the CITY,the ENGINEER shall give written notice of his claim within
15 days after occurrence of such action. No claim for additional compensation shall
be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to
the extent that such changes are included in writing signed by the CITY and the
ENGINEER.
NG ENGINEER,allllrwlork required decision of the
this Agreement relative
s determined by he CITY
the E ,
shall proceed without interruption.
9. BREACH OF CONTRACT
If either party violates or breaches any term of this Agreement, such violation or
breach shall be deemed to constitute a default, and the other party has the right to
seek such administrative, contractual or legal remedies as may be suitable to the
violation or breach; and, in addition, if either party, by reason of any default, fails
within fifteen (15) days after notice thereof by the other party to comply with the
conditions of the Agreement, the other party may terminate this Agreement.
10. INDEMNIFICATION
To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify,
defend and hold harmless the CITY, its officers, employees, agents, boards and
commissions from and against any and all claims, suits,judgments, costs, attorneys
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. 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. The provisions of this paragraph shall survive any expiration and/or
termination of this agreement.
11. NO PERSONAL LIABILITY
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No official, director, officer, agent or employee of the CITY shall be charged
personally or held contractually liable under any term or provision of this Agreement
or because of their execution, approval or attempted execution of this Agreement.
12. INSURANCE
A. Comprehensive Liability. The ENGINEER shall provide, pay for and
maintain in effect, during the term of this Agreement, a policy 00 of
comprehensive general liability insurance with limits of at least $1,00
aggregate for bodily injury and $1,000,000 aggregate for property damage.
The ENGINEER shall deliver to the CITY a Certification 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 CITY.
The Certificate of Insurance which shall include Contractual obligation
assumed by the ENGINEER under Article 10 entitled "Indemnification" shall
be provided.
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 prorate, 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 Engineers 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 CITY as
evidence of insurance protection. The policy shall not be modified or
terminated without thirty (30) days prior written notice to the CITY.
13. 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.
14. 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
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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.
15. 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.
16. DELEGATIONS AND SUBCONTRACTORS
Any assignment, delegation or subcontracting shall be subject to all the terms,
conditions and other provisions of this Agreement and the ENGINEER shall remain
liable to the CITY with respect to each and every item, condition and other provision
hereof to the same extent that the ENGINEER would have been obligated if it had
done the work itself and no assignment, delegation or subcontract had been made.
Any proposed subcontractor shall require the CITY's advanced written approval.
17. NO CO-PARTNERSHIP OR AGENCY
This agreement shall not be construed so as to create a partnership, joint venture,
employment or other agency relationship between the parties hereto.
18. SEVERABILITY
The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause
or other provision of this Agreement, or any portion thereof, shall be held to be void
or otherwise unenforceable, all other portions of this Agreement shall remain in full
force and effect.
19. 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.
20. MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes the entire Agreement of the parties
on the subject matter hereof and may not be changed, modified, discharged or
extended except by written amendment duly executed by the parties. Each party
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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.
21. 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.
22. NEWS RELEASES
The ENGINEER may not issue any news releases without prior approval from the
CITY, nor will the ENGINEER make public proposals developed under this
Agreement without prior written approval from the CITY prior to said documentation
becoming matters of public record.
23. COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants in the CITY's employ or
any work associated with the PROJECT.
24. INTERFERENCE WITH PUBLIC CONTRACTING
The ENGINEER certifies hereby that it is not barred from bidding on this contract as
a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal
statute regarding bid rigging.
25. 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 5/2-105.
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26. WRITTEN COMMUNICATIONS
All recommendations and other communications by the ENGINEER to the CITY and
to 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.
27. STANDARD OF CARE
The standard of care for all professional engineering and related services performed
or furnished by Engineer under this Agreement will be the care and skill ordinarily
used by members of the subject profession practicing under similar circumstances
at the same time and in the same locality. Engineer makes no warranties, express
or implied, under this Agreement or otherwise, in connection with Engineer=s
services. Engineer and its consultants may use or rely upon the design services of
others, including, but not limited to, contractors, manufacturers, and suppliers.
28. 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:
David M. Dorgan
City Manager
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER:
George D. Budwash
Director of Engineering
Robinson Engineering, Ltd.
17000 South Park Avenue
South Holland, Illinois 60473
IN WITNESS WHEREOF, the parties hereto have entered into and executed this
Agreement as of the date and year first written above.
FOR THE CITY: FOR THE ENGINEER:
By
gy .
David M. D rgan eorge D. Budwas
City Manager Director of Engineering
Attest::
City Clerk
FALegal DeptWgreement\Robinson Engineering-Far West Area.doc
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EXHIBIT 1
Engineer's Standard Hourly Rates
CLASSIFICATION RATE/HOUR
Principal Engineer................................................... 130.00
Senior Engineer 110.00
..................
Structural Engineer 125.00
..........
Engineer 86.00
Chief Land Surveyor............................................... 105.00
LandSurveyor .......................................................... 85.00
Chief Draftsman/CADD Operator.............................. 87.00
Senior Draftsman/CADD Operator ........................... 74.00
Draftsman/CADD Operator ............. 53.00
..........................
Clerk-Typist............................................................... 40.00
Field Superintendent................................................. 93.00
Resident Engineer/Eng.Observer............................. 71.00
Technician/Observer................................................. 57.00
Field Crew Chief....................................................... 70.00
Field Crew Member................................................... 50.00
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October 21, 2003 " [fill Pill
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FINANCIALLY STABLE CITY GOVERNMENT
TO: Mayor and Members of the City Council EF FICIENTFRAST U
AND QUALITY INFRASTRUCTURE
FROM: David M. Dorgan, City Manager
SUBJECT: Engineering Services Agreement with Robinson
Engineering Ltd. for a water quality management plan
for the expansion of the City of Elgin and Fox River
Water Reclamation District Facility Planning Area.
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 Robinson Engineering for a water
quality management plan for the expansion of the City of Elgin
and Fox River Water Reclamation District (FRWRD) Facility
Planning Area (FPA) .
BACKGROUND
The City is desirous to engage Robinson Engineering in order
prepare a water quality management plan amendment for the
expansion of the City' s and Fox Water Reclamation District' s
Facility Planning Area. Receiving an amended FPA, by the
Northern Illinois Planning Commission, is a critical component
as the City' s implements the Far West Plan.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
The agreement with Robinson Engineering will total $21, 775 . 00 .
The Engineer' s compensation is conditioned on the time to
complete the study not exceeding 3 months . Should the time to
complete construction be extended beyond this period, total
compensation to Engineer shall be appropriately adjusted.
Engineering Services Agreement - Robinson Engineering
October 21, 2003
Page 2
Funding for this project is available in 010-6902-719 . 89-02 ,
Special Projects .
LEGAL IMPACT
The proposed agreement would require an exception to the
procurement ordinance .
ALTERNATIVES
1 . Approve the engineering services agreement with Robinson
Engineering.
2 . Do not approve the agreement with Robinson Engineering.
RECOMMENDATION
It is recommended that the City Council authorize the City
Manager to execute the agreement with Robinson Engineering water
quality management plan for the expansion of the City of Elgin
and Fox River Water Reclamation District (FRWRD) Facility
Planning Area (FPA) , in the not-to-exceed amount of $21, 775 . 00 .
Respectfully submitted for Council consideration.
(mam)
Attachment