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90-0912 Clark Dietz RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CLARK DIETZ, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Clark Dietz, Inc. for water distribution system improvements, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 12, 1990 Adopted: September 12, 1990 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Vi CITY OF ELGIN WATER DISTRIBUTION SYSTEM IMPROVEMENTS ENGINEERING SERVICES AGREEMENT Clark Dietz, Inc. (called "CDI" herein) , hereby propose to furnish to the City of Elgin, Illinois (called the "OWNER" herein) the professional engineering services for the water distribution system improvements (hereinafter called the "PROJECT") . SERVICES OF CDI CDI will serve as the OWNER'S professional engineering representative in those phases of the PROJECT to which this Agreement applies, and will give consultation and advice to the OWNER during the performance of his services. CDI agrees to perform the following professional services in connection with the PROJECT. Meet with the OWNER'S staff to review the scope of work and to gather all information available including reports, plans, etc. Review previously prepared studies, reports, plans and specifications with regard to the current projects. Prepare preliminary project cost estimate to be used for budget purposes. Perform topographical survey and utility survey for all water main locations. Meet with the OWNER to establish the actual water main location for each segment of the PROJECT based on utility locations, right-of-way, connections, etc. Prepare final design drawings and specifications for each water main segment in the form of bidding documents. The documents will be prepared to provide separate bids for each segment. Submit review plans to the OWNER. After OWNER review, make final revisions to plans and specifications. Submit final plans and specifications to the Illinois EPA and to other appropriate agencies for their review. All work will be performed in accordance with the appropriate regulations and standards. 1 CITY OF ELGIN WATER DISTRIBUTION SYSTEM IMPROVEMENTS Prepare final cost estimate. During bidding, answer questions, prepare addendums, correspondence, etc. After receipt of bids, evaluate all proposals and make recommendation for construction contract awards. 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 review construction. Provide 120 mandays of full time Resident Project Representative inspection. The duties, responsibilities and limitations of the authority of the Resident Project Representative is included as Exhibit A of this Agreement. Perform final inspection of the PROJECT and recommend acceptance, if appropriate, to the OWNER. Make known changes as a result of construction on mylars and turn over to OWNER. ADDITIONAL SERVICES OF CDI If authorized in writing by the OWNER, prior to the rendering of such service, CDI will furnish supplementary services of the following types which will be paid for by the OWNER as described under PAYMENTS TO CDI. 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 December 31, 1991. Revising previously approved studies, reports, design documents, Drawings or Specifications. Furnishing more than five (5) copies of Drawings and Specifications. Additional services and responsibilities requested by the OWNER including services normally furnished by the OWNER 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 OWNER in any Protest, Litigation or other proceeding involving the PROJECT. 2 CITY OF ELGIN WATER DISTRIBUTION SYSTEM IMPROVEMENTS Assistance with or negotiations for acquisition of easements and court appearances or other assistance with condemnation proceedings for easement acquisition or services associated with the preparation of property surveys, right-of-way surveys or other legal surveys associated with the description or acquisition of project sites or easements. Providing renderings, exhibits or models for the PROJECT. Preparing documents for alternate bids requested by the OWNER or documents for out-of-sequence work. Additional services resulting from the PROJECT involving more than four separate construction contracts. THE OWNER'S RESPONSIBILITIES The OWNER will : Provide full information as to his requirements for the PROJECT. Designate in writing a person to act as the OWNER'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 OWNER'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. Furnish CDI maps showing all existing utilities in the PROJECT areas. Submit documentation provided by CDI to all governmental authorities having jurisdiction over the PROJECT and such other individuals or bodies as may be necessary for completion of the 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. Pay all costs incidental to advertisement for bids and obtaining bids or proposals from contractors. 3 CITY OF ELGIN WATER DISTRIBUTION SYSTEM IMPROVEMENTS PAYMENTS TO CDI Payments for Engineering Services The OWNER will pay CDI the lump sum amount of Seventy Seven Thousand and No/100 ($77,000.00) . Additional Services Payment of direct labor costs times a factor of 2.90 for services rendered by employees working on the project. Payment for outside consulting and/or professional services performed by a Subconsultant at actual invoice cost to CDI plus 15 percent for administrative costs. Written client approval will be obtained before authorizing these services. Payment of in-house computer software used on behalf of the project at CDI standard rates. Payment for direct expenses incurred on behalf of the project at actual cost to CDI plus 10 percent for administrative costs. Methods and Times of Payment. Payment to CDI shall be monthly based upon estimated percentages of completion and the Additional Services. 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. 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. 4 CITY OF ELGIN WATER DISTRIBUTION SYSTEM IMPROVEMENTS IN WIT K WHEREOF the ,rta'es hereto have 9made and executed this Agreement thi s WIT day of o Y ct , ( 90 CLIENT: ENGINEER: CITY OF LGIN CLARK DIETZ, INC. /� � ',� By -B'2 .6. ,' i�/7z4 B �_ ./, _ AP /1. U Mayor .r•►- /1 4 ATTEST: ` A (74: ,e,),./e9ety..e, ,., ATTEST: 1►�,►tl.., I ', .� Clerk S:080890KI 5 EXHIBIT A CITY OF ELGIN WATER DISTRIBUTION SYSTEM IMPROVEMENTS EXHIBIT A DUTIES, RESPONSIBILITIES AND LIMITATIONS OF THE AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE A. GENERAL 1. The Resident Project Representative is CDI's Agent and shall act under the supervision and direction of CDI. He shall confer with CDI regarding his actions, and shall generally communicate with the OWNER only through CDI. 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 CDI 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 CDI and notify those expected to attend in advance. Maintain and circulate copies of records of the meetings. 3. Liaison: (a) Serve as CDI's liaison with the Contractor working principally through the Contractor's field superintendent. (b) Assist CDI 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 CDI in obtaining from the Contractor a list of his proposed suppliers and subcontractors. A-1 EXHIBIT A CITY OF ELGIN WATER DISTRIBUTION SYSTEM IMPROVEMENTS 5. Samples: Assist CDI in obtaining field samples of materials delivered to the site which are required to be furnished, and keep record of actions taken by CDI . 6. Shop Drawings (a) Receive approved shop drawings and other submissions from CDI; 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 CDI 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 CDI 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 CDI 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 CDI. 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, CDI's interpretations of the Contract Documents, progress reports, and other PROJECT related documents. A-2 EXHIBIT A CITY OF ELGIN WATER DISTRIBUTION SYSTEM IMPROVEMENTS (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 CDI at the completion of the PROJECT. 9. Reports (a) Furnish CDI periodic reports as required of progress of the PROJECT and the Contractor's compliance with the approved construction schedule. (b) Consult with CDI 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 CDI, 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 CDI 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 CDI and the OWNER and prepare a final list of items to be corrected. A-3 EXHIBIT A CITY OF ELGIN WATER DISTRIBUTION SYSTEM IMPROVEMENTS (c) Verify that all items on final list have been corrected and make recommendations to CDI concerning acceptance. C. LIMITATIONS OF AUTHORITY Except upon written instructions of CDI 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:080890K1 A-4