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89-0627 Clark Dietz Inc. ♦:{ CITY OF ELGIN SLADE AVENUE FACILITIES ENGINEERING SERVICES AGREEMENT Clark Dietz, Inc. (called "CDI" herein) , hereby propose to furnish to the City of Elgin, Illinois (called the "Client" herein) the professional engineering services on the Slade Avenue Facilities. This Agreement shall be effective for all work performed as described in the CDI Proposal dated June 27, 1989 to the City of Elgin, Illinois (hereinafter called the "Project") . The Project Scope of the CDI Proposal is attached to this Agreement as pages II-1, II-2 and II-3. SERVICES OF CDI CDI agrees to perform professional services in connection with the PROJECT as stated in the attached Project Scope. CDI also agrees to furnish the following client selected Optional Items of Engineering. All of these items are included in the lump sum amount. A. Landscape Architecture B. Soils Investigation C. Lightning Protection D. Intercom System E. Legal Survey F. Environmental Regulation Review CDI will serve as the Client's professional engineering representative in those phases of the PROJECT to which this Agreement applies, and will give consultation and advice to the Client during the performance of his services. ADDITIONAL SERVICES OF CDI If authorized in writing by the Client, prior to the rendering of such service, CDI will furnish supplementary services of the following types which will be paid for by the Client as described under Project Schedule/Fees in the Proposal . Additional services due to significant changes in scope of the PROJECT or its design including, but not limited to, changes in size, complexity, character of construction or due to time delays, except those delays beyond the control of the Client such as Acts of God, strikes, unavailability of parts, etc. , for completion of construction work beyond March 31, 1991 . Revising previously approved studies, reports, design documents, Drawings or Specifications. Furnishing additional copies of reports and additional prints of Drawings and Specifications beyond five (5) copies of all applicable documents. 1 CITY OF ELGIN SLADE AVENUE FACILITIES Additional services and responsibilities requested by the Client including services normally furnished by the Client as described herein and services not referred to in this Agreement will be performed by CDI for additional charges. Preparing to serve and serving as an expert witness for the Client in any Protest, Litigation or other proceeding involving the PROJECT. Providing renderings, exhibits or models for the PROJECT. Preparing documents for alternate bids requested by the Client or documents for out-of-sequence work. Additional services resulting from the PROJECT involving more than four separate construction contracts consisting of construction contracts for the facility, reservoir, river crossing and river wall . THE CLIENT'S RESPONSIBILITIES The Client will : Provide full information as to his requirements for the PROJECT. Designate in writing a person to act as the Client's representative with respect to the work to be performed under this Agreement; and such person shall have complete authority to transmit instructions, receive information, interpret and define the Client's policies and decisions with respect to materials, equipment elements and systems pertinent to the work covered by this Agreement. Guarantee access to and make all provisions for CDI to enter upon public and private lands as required for CDI to perform his work under this Agreement. Examine all studies, reports, sketches, addenda, estimates, specifications, drawings, proposals and other documents presented by CDI and shall render decisions pertaining thereto with a reasonable time so as not to delay the work of CDI. CDI will provide all appropriate documentation for submission of necessary permits to the Illinois Environmental Protection Agency, Illinois Department of Transportation - Division of Waterways, U.S. Corps of Engineers and other state, county or federal governmental authorities as necessary for the completion of this PROJECT. The City of Elgin will coordinate any necessary local or intercity permits required on this PROJECT. Furnish, or direct CDI in writing to provide at the Client's expense, necessary additional services or other services as which the Client and CDI agree are required for project completion. 2 CITY OF ELGIN SLADE AVENUE FACILITIES PAYMENTS TO CDI Payments for Engineering Services The Client will pay CDI for Project Scope Items and Selected Optional Items of Engineering the lump sum amount of Two Hundred Ninety-five Thousand Eight Hundred Seventy-Nine and No/100 ($295,879.00) . If authorized in writing by the Client within sixty (60) calendar days of the date of this Agreement, CDI will provide the following additional Optional Items of Engineering at the Engineering Cost as listed in the CDI Proposal . A. Complete Standby Power $4,000 B. Package or existing space pumping from the Riverside Plant to Slade Avenue Facility $12,000 C. Stand alone pumping from Riverside Plant to Slade Avenue Facility $37,000 D. Reinforced C. I.P. Tank Design $12,000 (Project Scope includes Prestressed Concrete Tank) Methods and Times of Payment. Payment to CDI shall be monthly based upon estimated percentages of completion of each task in the scope items and the optional tasks. All monies not paid the Engineer within 60 days of when due hereunder shall bear interest at the rate of 12% per annum. Estimates. Since CDI has no control over the cost of labor, materials or equipment, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, the estimates of construction cost provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as a design professional familiar with the construction industry, but CDI cannot and does not guarantee that bids or the PROJECT construction cost will not vary from cost estimates prepared by him. 3 CITY OF ELGIN SLADE AVENUE FACILITIES Clark Dietz, Inc. hereby certifies that they are not barred from making an offer to Contract as a result of a violation of Section 33E-3 or 33E-4 of Chapter 38 of the Illinois Revised Statutes. IN WITNES� WHEREOF the parties hereto have made and executed this Agreement this �_ day of SC 1hb�t2 , 1989. CLIENT: ENGINEER: CITY ! GIN CLARK DIETZ, INC. By By �/ ""Ti Nt4&GTz President ATTEST: u, , , �. ATTEST: /_, V Cler S:072489M1 4 PROJECT SCOPE CITY OF ELGIN SLADE AVENUE FACILITY We have set out below our proposed project approach for this important project based on the Request for Proposal dated May 26, 1989, our attendance at the preproposal meeting on June 13, 1989, our meetings with the City staff along with several tours of the existing Slade Avenue Facilities, and finally our current work with the City of Elgin. As a result of the above, we believe we have an excellent understanding of the scope of work. As a result of substantial improvements to the Elgin water system over the past years, the Slade Avenue water treatment facility has been downgraded in status. The construction of the Riverside Water Treatment Plant, across the Fox River and slightly upstream of the Slade Avenue Facility, essentially relegated the Slade Avenue Facility to a well collection field, low pressure zone pumping station and storage status. All treatment functions as well as office, garage and related facilities have been abandoned. As a result of previous studies and discussions within the City, it has been decided to demolish the Slade Avenue Facility and replace it with a modern pumping station. In addition, the existing shallow well would be sealed, the six deep wells would receive new electrical controls and service, and the two MG reservoir would be abandoned and eventually replaced. Based on this information, our proposed scope of work would be as follows: - Meet with the Elgin staff to review the scope of work and to gather all information available including reports, plans, etc. - Prepare a plat of survey to define the actual boundaries of the Slade Avenue Facility. - Review previously prepared studies, reports, plans and specifications with regard to the Slade Avenue Facility including the treatment building, wells, the gravity line from Riverside WTP, reservoirs, etc. - Determine what steps may be necessary in order to construct a new pumping station and potentially a reservoir while keeping the existing units in service. - Review the status and hydraulics of the existing 12 inch gravity feed from the Riverside WTP to the Slade Avenue reservoirs and make recommendations for a long term solution. Options would include installation of pumps to increase the capacity of the line or the installation of a parallel line. II - 1 PROJECT SCOPE CITY OF ELGIN SLADE AVENUE FACILITY Review with the City staff the requirements for the meter shop, offices, garage storage facilities and all other ancillary facilities to the pumping station. - Review with the City any potential public improvements to the Slade Avenue site such as landscaping and recreational uses. Also review with the City any required modifications to the river retaining wall . - Review the hydraulic requirements of the Slade Avenue pumping facility including recommendations for the size and number of pumps, etc. - Review the instrumentation, controls and telemetering requirements especially in light of a potential change at the Riverside WTP. - Review the need for standby power at the Slade Avenue Facility. - Review different types of reservoir structures as may be appropriate. - Prepare a Basis of Design report which will incorporate our final recommendations for the demolition of the existing facility, construction of the pumping station, offices, garage facilities, meter shop, wells, a new reservoir, etc. - Prepare preliminary project cost estimate to be used for budget purpose. - As part of the Basis of Design report we will prepare an overall conceptual plan for the Slade Avenue site! Included would be a demolition plan, a site plan with the proposed improvements such as the pumping station, offices, garage, meter shop, reservoirs, wells, riverbank improvements such as landscaping, public facilities, recreational facilities, etc. To assist us with this important part of the work we would engage a landscape architect to help develop the overall plan to provide a functional yet aesthestic site. NOTE: The work to this point will be completed in 45 days. - Review Basis of Design Report with the City. - Prepare final design for the Slade Avenue Facility based on our discussions with the City staff. The project would be phased as necessary to maintain continuous service and to fit into the Elgin schedule for financing. II - 2 PROJECT SCOPE CITY OF ELGIN SLADE AVENUE FACILITY - Submit review plans to the City of Elgin. - After City review, make final revisions to plans and specifications. - Submit documents to the Illinois EPA and to other appropriate agencies which are sufficient to obtain their approval . All work will be performed in accordance with the appropriate regulations and standards. - Prepare final cost estimate. - During bidding, answer questions, prepare addendums, correspondence, etc. - After receipt of bids, evaluate all proposals and make recommendation for the lowest responsible bidder. - Conduct a pre-construction meeting for all appropriate parties. During construction provide review of shop drawings, pay requests, change orders, correspondence, etc. Make periodic (once a month) trips to the site for construction progress meetings and provide general construction overview. - Provide full time Resident Inspection for nine (9) months. See attached Exhibit A. - Perform final inspection of project and recommend acceptance, if appropriate, to the City. - Prepare all equipment and owners manuals in a binder form. - Make known changes as a result of construction on mylars and turn over to City. II - 3 EXHIBIT A CITY OF ELGIN SLADE AVENUE FACILITY EXHIBIT A DUTIES, RESPONSIBILITIES AND LIMITATIONS OF THE AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE A. GENERAL 1. The Resident Project Representative is the ENGINEER'S Agent and shall act under the supervision and direction of the Engineer. He shall confer with the ENGINEER regarding his actions, and shall generally communicate with the OWNER only through the ENGINEER. B. DUTIES AND RESPONSIBILITIES The Resident Project Representative shall : 1. Schedule: Review the construction schedule prepared by the Contractor for compliance with the contract and give written advice to the ENGINEER concerning the contractor's construction progress. 2. Conferences: Attend preconstruction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with the ENGINEER and notify those expected to attend in advance. Maintain and circulate copies of records of the meetings. 3. Liaison: (a) Serve as the ENGINEER'S liaison with the Contractor working principally through the Contractor's field superintendent. (b) Assist the ENGINEER in obtaining from the OWNER additional details or information, when required at the job site for proper execution of the work. 4. Approvals: When required, assist the ENGINEER in obtaining from the Contractor a list of his proposed suppliers and subcontractors. A-1 EXHIBIT A CITY OF ELGIN SLADE AVENUE FACILITY 5. Samples: Assist the ENGINEER in obtaining field samples of materials delivered to the site which are required to be furnished, and keep record of actions taken by the ENGINEER. 6. Shop Drawings (a) Receive approved shop drawings and other submissions from the ENGINEER; record data received, maintain a file of the drawings and submissions, and check construction for compliance with them. (b) Alert the Contractor's field superintendent when he observes materials or equipment being installed before approval of shop drawings or samples, where such are required, and advise the ENGINEER when he believes it is necessary to disapprove work as failing to conform to the Contract Documents. 7. Review of Work, Inspections and Tests (a) Conduct on-site observations of the work in progress for the ENGINEER as a basis for determining that the PROJECT is proceeding in accordance with the Contract Documents. (b) Verify that tests, including equipment and systems start-up, which are required by the Contract Documents, are conducted and that the Contractor maintains adequate records thereof; observe, record and report to the ENGINEER appropriate details relative to the test procedures and start-ups. (c) Accompany visiting inspectors representing public or other agencies having jurisdiction over the PROJECT, record the outcome of these inspections and report to the ENGINEER. 8. Records (a) Maintain at the job site orderly files for correspondence, reports of job conferences, shop drawings and other submissions, reproductions of original contract documents including all addenda, change orders and additional drawings issued subsequent to the award of the contract, the ENGINEER'S interpretations of the Contract Documents, progress reports, and other PROJECT related documents. A-2 EXHIBIT A CITY OF ELGIN SLADE AVENUE FACILITY (b) Keep a diary or logbook, recording hours on the job site, weather conditions, list of visiting officials, daily activities, decisions, observations in general , and specific observations in more detail as in the case of observing test procedures. (c) Record names, addresses and telephone numbers of all Contractors, subcontractors, and major material suppliers. (d) Maintain a set of drawings on which authorized changes are noted and deliver to the ENGINEER at the completion of the PROJECT. 9. Reports (a) Furnish the ENGINEER periodic reports as required of progress of the PROJECT and the Contractor's compliance with the approved construction schedule. (b) Consult with the ENGINEER in advance of scheduled major tests or start of important phases of the PROJECT. 10. Payment Requisitions: Review applications for payment with the contractor for compliance with the established procedure for their submission and forward them with recommendations to the ENGINEER, noting particularly their relation to the work completed and materials and equipment delivered at the site. 11. Guarantees, Certificates, Maintenance and Operation Manuals: During the course of the work, assemble Guarantees, Certificates, Maintenance and Operation Manuals and other required data to be furnished by the Contractor and upon acceptance of the PROJECT, deliver this material to the ENGINEER for his approval and forwarding to the OWNER. 12. Completion: (a) Prior to final inspection, submit to the Contractor a list of observed items requiring correction and verify that each correction has been made. (b) Conduct final inspection in the company of the ENGINEER and the OWNER and prepare a final list of items to be corrected. A-3 EXHIBIT A CITY OF ELGIN SLADE AVENUE FACILITY (c) Verify that all items on final list have been corrected and make recommendations to the ENGINEER concerning acceptance. C. LIMITATIONS OF AUTHORITY Except upon written instructions of the ENGINEER the Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents. 2. Shall not undertake any of the responsibilities of the Contractor, the subcontractors or the Contractor's field superintendent. 3. Shall not expedite the work for the Contractor. 4. Shall not advise on or issue directions relative to any aspect of the construction technique or sequence. 5. Shall not authorize the OWNER to occupy the PROJECT in whole or in part prior to final acceptance of the work. 6. Shall not participate in specialized field or laboratory tests. S:072489M1 A-4