04-312 Resolution No. 04-312
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
ROBERT H. ANDERSON& ASSOCIATES, INC. FOR THE
BENT STREET SEWER SEPARATION PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,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 Robert H. Anderson&
Associates, Inc. for engineering services for Phase 2 of the Bent Street Sewer Separation Project, a
copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: December 1, 2004
Adopted: December 1, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
THIS AGREEMENT is hereby made and entered into this/sr day of 0 6 c , 2004, by
and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as
"CITY") and Robert H. Anderson & Associates, Inc., a private corporation (hereinafter referred
to as "ENGINEER").
WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional
services in connection with the Topographical Survey and the Preparation of Plan and Profile
Base Sheets for selected streets along with the record drawing survey of completed sanitary
sewer improvements on other selected streets (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, in consideration of the promises and covenants contained herein, the
sufficiency of which is hereby mutually acknowledged, CITY and ENGINEER agree that CITY
hereby retains ENGINEER to act for and represent CITY regarding the engineering of Project as
set forth herein, subject to the following terms and conditions:
I. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the Director of Public
Works of the CITY, herein after referred to as the "DIRECTOR".
B. Outline of the services to be provided by the Engineer:
1. Topographic Survey
2. Engineering Plan Base Sheets
3. Record Drawing Survey
C. A detailed Scope of Services is attached hereto as Attachment A.
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II. 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.
III. PAYMENTS TO THE ENGINEER(Lump Sum Method)
A. CITY shall pay to ENGINEER the sum of$13,000.00 for all services contemplated
by this agreement, including, but not limited to, any other services provided by
ENGINEER through other firms or sub-consultants.
B. For reimbursable project related expenses, the CITY shall pay the ENGINEER as
follows:
Mylar Reproducible Drawings $3.25 per sheet
C. The CITY shall make periodic payments to the ENGINEER based upon actual
progress within 30 days of CITY'S receipt and approval of invoices in CITY'S sole
discretion. Such periodic payments to the ENGINEER shall in no event exceed the
total sums to be paid to ENGINEER provided for herein; and such periodic payments
shall not be made until the corresponding applicable task is completed and accepted
by the DIRECTOR in writing.
IV. 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.
V. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof, the CITY may terminate this Agreement
at any time upon fifteen (15) days prior written notice to the ENGINEER. In the event
that this Agreement is so terminated, the ENGINEER shall be paid for services
actually performed and reimbursable expenses actually incurred prior to termination,
except that reimbursement shall not exceed the task amounts set forth under
Paragraph III above.
VI. TERM
This Agreement, unless terminated for cause or pursuant to Article V, shall be
deemed to have been completed on the date the CITY determines all work
contemplated by this agreement has been completed by the ENGINEER. 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.
VII. NOTICE OF CLAIM
If the ENGINEER wishes to make a claim for additional compensation as a
result of action taken by the CITY, the ENGINEER shall give written notice of 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. 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.
VIII. 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.
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IX. 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 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. The provisions of this
paragraph shall survive any completion, termination and/or expiration of this
Agreement.
X. NO PERSONAL LIABILITY
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.
XI. 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 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
DIRECTOR, except for non-payment which shall be ten (10) days.
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 such 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 written in occurrence form covering all owned, non-owned
and hired motor vehicles with limits of not less than $500,000 per occurrence for
4
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.
XII. 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.
XIII. 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.
XIV. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the
5
successors and the assigns of the parties hereto; provided, however, that no
assignment shall be made without the prior written consent of the CITY.
XV. 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.
XVI. 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.
XVII. 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.
XVIII. 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.
XIX. 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
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.
XX. 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
6
disputes or the enforcement of any rights pursuant to this agreement shall be in the
Circuit Court of Kane County, Illinois.
XXI. 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.
XXII. COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants in the CITY's
employ or any work associated with the PROJECT.
XXIII. 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.
XXIV. 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.
XXV. 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,
7
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.
XXVI. NOTICES
All notices, reports and documents required under this Agreement shall be
in writing and shall be mailed by First Class Mail, postage prepaid, addressed as
follows:
A. As to CITY:
JOHN LOETE, P.E.
Director of Public Works
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER:
Douglas P. Breunlin, P.E.
Vice President
Robert H. Anderson & Associates, Inc.
220 West River Drive
St. Charles, Illinois 60174
8
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
Dated this is j-day of G 4.1!3 /2 , A.D., 2004
By: By: "orjoit,;(07A-Mantp..--,
City Clerk City Manager
(SEAL)
For the ENGINEER:
ATTEST: ROBERT H ANDERSON & ASSOCIATES, INC.
Dated this l 87-"clay of /N/O V t1 &E , A.D., 2004
/ r
By: `i �_ y:
A 5-54. Secretary President
(SEAL)
9
ATTACHMENT A
PRELIMINARY DESIGN PHASE SERVICES
1. Topographical survey:
Survey the selected existing streets to obtain information on existing planimetric and
topographic features, and locate the existing residential water and sewer service locations
and utility company locations.
The City of Elgin will locate the residential sewer and water service lines and request a
J.U.L.I.E. locate for the existing utility company locations prior to the commencement of
the field survey.
2. Engineering Plan Base Sheets:
The Engineer shall prepare plan& profile sheets to show the existing conditions of the
streets indicated including profiles of existing sewers and water mains. The information
will be provided in AutoCAD 2000i format or compatible.
3. Record Drawings
Collect record drawing information for the new sewer (rims, inverts and pipe slopes)
constructed on Yarwood Street, Raymond Street and Bent Street. Provide the information
to the City of Elgin. We understand that the City of Elgin will prepare the record drawings.
4. Anticipated Schedule
a. Contract approved by City of Elgin—November 10, 2004
b. Start topographic field survey—November 11, 2004
c. Submit completed engineering plan base sheets to the City of Elgin—December 22,
2004.
`��OF ESC/
" 'y City of Elgin Agenda Item No.
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November 12, 2004 Oen , ! I
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TO: Mayor and Members of the CityCouncil i
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FROM: David M. Dorgan, City Manager FINANCIALLY STABLE CITY GOVERNMENT
EFFICIENT SERVICES,
AND OUAUTY INFRASTRUCTURE
John M. Loete, Public Works Director
SUBJECT: Engineering Services Agreement with Robert H. Anderson & Associates for the
Bent Street Sewer Separation Project(Phase 2)
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 Robert H. Anderson & Associates
(RHA) for engineering services for the Bent Street Sewer Separation Project(Phase 2).
RECOMMENDATION
rik It is recommended that the City Council authorize the City Manager to execute an agreement
with Robert H. Anderson & Associates (RHA) in the lump sum amount of $13,000 for
engineering services for the Bent Street Sewer Separation Project (Phase 2).
BACKGROUND
The second phase of the Bent St. Sewer Separation Project will complete the separation of the
combined sewer that serves a ten city block area bounded by National Street, Liberty Street,
Bluff City Blvd. and the Fox River. The first phase of the project was completed in the spring of
2004. This project was very straight forward so it was decided to do as much of the design as
possible in-house to reduce costs. Our capacity for in-house design work is limited, however,
prompting the two phases to keep the project size workable.
This agreement will provide for the topographical survey and preparation of plan and profile
sheets for the design of the subject project. This information will be used by Public Works staff
to complete the design and develop specifications and bidding documents for the project. It is
anticipated that the project will be bid in early spring of 2005, with construction in early summer
of 2005. A project location map is attached as Exhibit A.
Requests for quotes were solicited from five engineering firms on September 20, 2004. This
work is a professional service, but since it is straight forward and very finite in nature, cost
proposals were used rather than doing a qualification based selection process for professional
services. Four firms responded on October 8, 2004 as follows:
rp., Agreement with RHA for Bent St. Sewer Separation (Phase 2)
November 12, 2004
Page 2
Robert H. Anderson($13,000)
Civil Engineering Services ($16,880)
Hampton, Lenzini &Renwick($18,000)
Landmark Engineering($22,000)
RHA's proposal was complete and the lowest cost and they are recommended for the work. A
copy of the proposed agreement is attached as Exhibit B.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
Di/A
FINANCIAL IMPACT
The agreement with RHA will total $13,000. Funds are available in sewer portion of the 2004
General Obligation Bond Fund account number 384-4200-795.93-41, "Distribution Systems",
project number 339059, "Bent St. Sewer Separation". The original budget for the entire project
was $1,100,000, with a current balance of$766,177.16 for Phase 2.
L GAL IMPACT
one
ALTERNATIVES
1. Approve the engineering services agreement with RHA.
2. Do not approve the agreement with RHA and direct staff to award to a different
consultant.
3. Do not approve an agreement for this project.
Respectfully submitted for Council consideration.
(pan)
Attachments
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EXHIBIT A
Project Location Map
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EXHIBIT B
Engineering Services Agreement
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AGREEMENT
THIS AGREEMENT is hereby made and entered into this day of , 2004,by
and between the City of Elgin, Illinois,a municipal corporation(hereinafter referred to as
"CITY") and Robert H. Anderson &Associates, Inc., a private corporation (hereinafter referred
to as "ENGINEER").
WHEREAS,the CITY desires to engage the ENGINEER to furnish certain professional
services in connection with the Topographical Survey and the Preparation of Plan and Profile
Base Sheets for selected streets along with the record drawing survey of completed sanitary
sewer improvements on other selected streets (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, in consideration of the promises and covenants contained herein, the
sufficiency of which is hereby mutually acknowledged, CITY and ENGINEER agree that CITY
hereby retains ENGINEER to act for and represent CITY regarding the engineering of Project as
set forth herein, subject to the following terms and conditions:
I. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the Director of Public
Works of the CITY, herein after referred to as the "DIRECTOR".
B. Outline of the services to be provided by the Engineer:
1. Topographic Survey
2. Engineering Plan Base Sheets
3. Record Drawing Survey
C. A detailed Scope of Services is attached hereto as Attachment A.
1
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II. 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.
III. PAYMENTS TO THE ENGINEER (Lump Sum Method)
A. CITY shall pay to ENGINEER the sum of$13,000.00 for all services contemplated
by this agreement, including,but not limited to, any other services provided by
ENGINEER through other firms or sub-consultants.
B. For reimbursable project related expenses, the CITY shall pay the ENGINEER as
follows:
Mylar Reproducible Drawings $3.25 per sheet
C. The CITY shall make periodic payments to the ENGINEER based upon actual
progress within 30 days of CITY'S receipt and approval of invoices in CITY'S sole
discretion. Such periodic payments to the ENGINEER shall in no event exceed the
total sums to be paid to ENGINEER provided for herein; and such periodic payments
shall not be made until the corresponding applicable task is completed and accepted
by the DIRECTOR in writing.
IV. 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.
2
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V. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof,the CITY may terminate this Agreement
at any time upon fifteen (15)days prior written notice to the ENGINEER. In the event
that this Agreement is so terminated,the ENGINEER shall be paid for services
actually performed and reimbursable expenses actually incurred prior to termination,
except that reimbursement shall not exceed the task amounts set forth under
Paragraph III above.
VI. TERM
This Agreement, unless terminated for cause or pursuant to Article V, shall be
deemed to have been completed on the date the CITY determines all work
contemplated by this agreement has been completed by the ENGINEER. 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.
VII. NOTICE OF CLAIM
If the ENGINEER wishes to make a claim for additional compensation as a
result of action taken by the CITY,the ENGINEER shall give written notice of 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. 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.
VIII. 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.
3
IX. 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 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. The provisions of this
paragraph shall survive any completion,termination and/or expiration of this
Agreement.
X. NO PERSONAL LIABILITY
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.
XI. 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 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
DIRECTOR, except for non-payment which shall be ten(10) days.
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 such 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 written in occurrence form covering all owned, non-owned
and hired motor vehicles with limits of not less than$500,000 per occurrence for
4
r
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.
XII. 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.
XIII. 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.
XIV. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the
5
successors and the assigns of the parties hereto; provided,however,that no
assignment shall be made without the prior written consent of the CITY.
XV. 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.
XVI. 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.
XVII. SEVERABILITY
The parties intend and agreed that, if any paragraph, sub-paragraph,phrase,
row 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.
XVIII. 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 anyprovision of this Agreement,nor shall they
be construed to affect in any manner the terms and provisions hereof or the
interpretation or construction thereof.
XIX. 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
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.
XX. 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
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disputes or the enforcement of any rights pursuant to this agreement shall be in the
Circuit Court of Kane County, Illinois.
XXI. 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.
XXII. COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants in the CITY's
employ or any work associated with the PROJECT.
XXIII. 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 5133E et seq. Or any similar state or
federal statute regarding bid rigging.
(1°‘ XXIV. 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.
XXV. 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,
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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.
XXVI. NOTICES
All notices,reports and documents required under this Agreement shall be
in writing and shall be mailed by First Class Mail,postage prepaid, addressed as
follows:
A. As to CITY:
JOHN LOETE,P.E.
Director of Public Works
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER:
r Douglas P. Breunlin, P.E.
Vice President
Robert H. Anderson &Associates, Inc.
220 West River Drive
St. Charles,Illinois 60174
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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
Dated this day of , A.D., 2004
By: By:
City Clerk City Manager
(SEAL)
rFor the ENGINEER:
ATTEST: ROBERT H ANDERSON&ASSOCIATES,INC.
Dated this Isl..day of N Die ewbg,r- , A.D., 2004
BY: 3-C-ete,(b--1
A s Secretary President
(SEAL)
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ATTACHMENT A
PRELIMINARY DESIGN PHASE SERVICES
1. Topographical survey:
Survey the selected existing streets to obtain information on existing planimetric and
topographic features,and locate the existing residential water and sewer service locations
and utility company locations.
The City of Elgin will locate the residential sewer and water service lines and request a
J.U.L.I.E. locate for the existing utility company locations prior to the commencement of
the field survey.
2. Engineering Plan Base Sheets:
The Engineer shall prepare plan&profile sheets to show the existing conditions of the
streets indicated including profiles of existing sewers and water mains. The information
will be provided in AutoCAD 2000i format or compatible.
3. Record Drawings
(Ph'
Collect record drawing information for the new sewer(rims, inverts and pipe slopes)
constructed on Yarwood Street, Raymond Street and Bent Street. Provide the information
to the City of Elgin. We understand that the City of Elgin will prepare the record drawings.
4. Anticipated Schedule
a. Contract approved by City of Elgin—November 10,2004
b. Start topographic field survey—November 11,2004
c. Submit completed engineering plan base sheets to the City of Elgin—December 22,
2004.
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