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91-0626 Clark Dietz ql-oLdL RESOLUTION _ AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES AGREEMENT WITH CLARK DIETZ, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an engineering services agreement on behalf of the City of Elgin with Clark Dietz, Inc. for the Big Timber and Randall Road interceptor sewers, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 26, 1991 Adopted: June 26, 1991 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN BIG TIMBER - RANDALL ROAD INTERCEPTORS 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 development of the Big Timber - Randall Road Interceptor Sewer Master Plan and the design of two interceptor segments (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. INTERCEPTOR SEWER MASTER PLAN The engineering services for the development of the Interceptor Sewer Master Plan includes the following tasks: Meet with the OWNER to review and discuss the initial study of the PROJECT area by Donohue & Associates and to obtain information from the OWNER on land use, population projections, existing utilities, existing easements, and all other pertinent information relative to the development of an Interceptor Sewer Master Plan for the service area. Prepare a revised Interceptor Sewer Master Plan for the service area that considers the short and the long term service needs in the area. The Master Plan study will determine the service area sub-basins, calculate the sewer segment average and peak sanitary flows, and establish the size, location and depth of sewer necessary to serve the area. The study will establish the area which can be served for a period that takes into account the ultimate capacity of the North Treatment Plant and determine the estimated time when the diversion of effluent to the South Plant will be necessary. Review the draft Master Plan report with the OWNER to discuss the report in detail and to obtain the OWNER's comments, suggestions and corrections before completing a final Interceptor Sewer Master Plan. Complete final Master Plan and provide ten (10) copies to the OWNER for use and distribution. DESIGN OF INTERCEPTOR SEWERS Based on the approved Master Plan, CDI will prepare Contract Documents for the Randall Road interceptor and the Big Timber - McLean to Randall/Tyler Creek Interceptor. The engineering services include: 1 • CITY OF ELGIN BIG TIMBER - RANDALL ROAD INTERCEPTORS Perform a topographical survey for the two interceptor routes. Select a soils consultant to perform the necessary subsurface investigation and interpretation along the two interceptor sewer routes. CDI will submit the soils consultant selected and probable costs to the OWNER for concurrence. The cost of such services shall be paid for directly by the OWNER. Prepare final Contract Documents (drawings and specifications) for each interceptor. A separate bid package will be prepared for each of the two interceptors. A preliminary design (30%) review package for each of the interceptor designs along with a construction cost estimate will be submitted to the OWNER for review. The OWNER's review comments will be incorporated into the final Contract Documents. Submit the final Contract Documents to the Illinois Environmental Protection Agency and to other appropriate agencies for review. All work will be performed in accordance with acceptable engineering standards and appropriate regulations. Prepare a final cost estimate for the two interceptor segments. BIDDING During bidding of the two projects, CDI will answer questions, prepare addendum, and write correspondence as required for the bidding process. After _receipt of the bids, the engineer will evaluate all proposals and make recommendations for construction contract awards. CONSTRUCTION During construction as authorized in writing by the OWNER, CDI will provide the following engineering services: Conduct a pre-construction meeting for all appropriate parties. During construction, provide review of shop drawings, pay requests, change orders, correspondence, etc. The project engineer will make periodic (once a month) trips to review construction. Provide 270 man-days 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 and provide to OWNER acceptable electronic media of the final contract "Record" drawings. 2 CITY OF ELGIN BIG TIMBER - RANDALL ROAD INTERCEPTORS FACILITY PLAN AMENDMENT - LOAN APPLICATION CDI will use the Interceptor Sewer Master Plan as a basis for working with the Fox River Water Reclamation District, Northeastern Illinois Planning Commission, and the Illinois Environmental Protection Agency to amend the Facility Planning Area Boundary, develop a Facility Plan Amendment, and prepare possible loan applications for the PROJECT. The engineer service includes: Amending the Facility Planning Area Boundary through the Designated Management Agency, which is the Fox River Water Reclamation District. Preparing a Facility Plan Amendment Report discussing the plan to serve the facility planning area, the Districts plan on providing wastewater treatment for the additional service area, the environmental impact of the proposed construction, and a cost effective analysis. Represent the OWNER in meetings with the interested Agencies and in any required public hearing. Assist the OWNER in preparing a Sewer User Ordinance to cover the Operation and Maintenance of the existing system and the additional sanitary sewers in the new service area. Assist the OWNER in applying for a Revolving Loan through the Illinois Environmental Protection Agency for construction within the PROJECT area. 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 OWNER such as Acts of God, strikes, unavailability of parts, etc. , for - completion of construction work beyond June 1, 1992. Revising previously approved studies, reports, design documents, Drawings or 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. 3 CITY OF ELGIN BIG TIMBER - RANDALL ROAD INTERCEPTORS Preparing to serve and serving as an expert witness for the OWNER in any Protest, Litigation or other proceeding involving the PROJECT. 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 within a reasonable time so as not to delay the work of CDI. Furnish CDI maps showing all existing utilities in the PROJECT areas that are available to the OWNER. 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. 4 CITY OF ELGIN BIG TIMBER - RANDALL ROAD INTERCEPTORS Furnish, or direct CDI in writing to provide at the OWNER's expense, necessary additional services or other services which the OWNER and CDI agree are required for project.completion. Pay all costs incidental to advertisement for bids and obtaining bids or proposals from contractors. PAYMENTS FOR ENGINEERING SERVICE Master Plan, Interceptor Design, Bidding and Construction Services The OWNER will pay CDI the lump sum amount of Three Hundred Fourteen Thousand Nine Hundred Dollars ($314,900) for the preparation of the Interceptor Sewer Master Plan, the Design of the Interceptor Sewers, Bidding and Construction Services. Facility Plan Amendment and Loan Application Since the Scope of Work and the level of engineering effort for the Facility Plan Amendment and the Loan Application cannot be defined, CDI will invoice the OWNER on a time and materials basis for this Work. The cost of the Facility Plan Amendment and the Loan Application shall not exceed $30,000 without the written approval of the OWNER. The payment for engineering services shall be determined as follows: Payment of direct salary costs times a factor of 2.90 for services rendered by employees working on the project. Exhibit B lists the range of direct salary rates by job title that will apply to this project. Payment for outside consulting and/or professional services performed by a Subconsultant at actual invoice cost to CDI. Written OWNER approval will be obtained before authorizing these services. Payment for direct expenses incurred on behalf of the project at actual cost to CDI plus 10 percent for administrative costs. Direct expenses include travel , out-of-pocket expenses, printing, postage, computer charges and long distance telephone. Additional Services Additional Services authorized in writing by the OWNER shall be invoiced on a time and materials basis as described above. The cost of Additional Services will be negotiated when the services are requested by the OWNER 5 CITY OF ELGIN BIG TIMBER - RANDALL ROAD INTERCEPTORS Methods and Times of Payment Payment to CDI shall be monthly based upon estimated percentages of completion and the Additional Services. 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. IN WITNESS WHEREOF th arties hereto have made and executed this Agreement this day of �� , 191C9/ CLIENT: ENGINEER: CITY OF ELGIN _ CLARK DIETZ, INC. AIL Ade C anagerd t rts� err ATTEST: c414ATTEST: /14-(411� --, City Clerk 00.e �'�-a rc44:7` S:053191M1 6 • EXHIBIT A CITY OF ELGIN BIG TIMBER - RANDALL ROAD INTERCEPTORS 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. 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. A-1 EXHIBIT A CITY OF ELGIN BIG TIMBER - RANDALL ROAD INTERCEPTORS 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 BIG TIMBER - RANDALL ROAD INTERCEPTORS (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 BIG TIMBER - RANDALL ROAD INTERCEPTORS (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:053191M1 A-4 EXHIBIT B CLARK DIETZ, INC. SCHEDULE OF DIRECT SALARY RATES TITLE HOURLY RATE RANGE President, Executive Vice President 40.00 Dept. Manager, Project Director, Sr. Project Manager 26.00 30.00 Project Manager, Staff Architect, Construction Manager 25.00 28.00 Project Engineer, Project Architect, Asst. Project Manager 21.00 25.00 Senior Engineer, Senior Architect . 18.00 21.00 Engineer, Architect, Sr. Designer 12.50 18.00 Designer, Senior Drafter, Senior CADD Operator 12.00 15.50 Drafter, CADD Operator 10.00 12.00 Field Engineer, Field Inspector 13.75 18.00 Engineering Assistant 9.50 13.00 Estimator, Specification Writer 13.50 16.00 Word Processor, Secretary, Clerical , Accounting 7.50 13.00 Notes: This schedule covers most of our employees. Some changes in job titles and salaries may occur due to employee changes. Salary,rates are subject to change on anniversary date of hire. The rates in this schedule are subject to review and adjusted as necessary, but not sooner than six months after the date of this schedule. salrycst June 1991 Bon Agenda Item No. 44 . June 10, 1991 MEMORANDUM TO: Mayor and Members of the City Council FROM: Larry L. Rice, City Manager SUBJECT: Big Timber & Randall Road Interceptor Sewers Engineering Services Agreement PURPOSE: This memorandum will providing the Mayor and Council with information to consider authoring execution of an Engineering Services Agreement for the subject projects, a copy of which is attached for your consideration. BACKGROUND: My memorandum of May 17, 1991 explained that the City of Elgin is committed per existing annexation agreements to provide sanitary sewer service to Safety Kleen (Big Timber Rd. to Randall Rd/Tyler Creek) and to the area in the northwest quadrant of Randall Road and I-90 by mid 1992 . To do that requires the design and construction of the two sewers. The City, since it is now involved in the extension of, and/or the construction of new interceptor sanitary sewers, would be very much interested in being able to obtain grants and loans from the Illinois Environmental Protection Agency (IEPA) for partial or full funding of sewer projects. In order to be qualified to receive the funding, Elgin will need a facility plan and probably an operations and maintenance procedure for the system. The City Council at the Committee of the Whole Meeting on May 22, 1991 approved selection of the firm of Clark Dietz, Inc. and directed the staff to prepare the engineering agreement with an appropriate fee. The engineering services included in the Agreement provide for the preparation of the plans and specifications, construction services and the Facility Planning Area (FPA) document. This work will enable the City to bid and construct the two interceptor sewers and qualify for various IEPA funding. r Mayor and Members of 411 the City Council June 10, 1991 Page 2 FINANCIAL IMPACT: The estimated fee included in the memorandum of May 17, 1991 was for the design and FPA services only. However, the total fees of $344,900 also includes the cost for a resident project representative during the construction phase of these projects . RECOMMENDATION: It is recommended that the City Council approve the Engineering Services Agreement with Clark Dietz, Inc. and authorize its execution by the City Manager and City Clerk. a - L. Rice ity Manager do Attachment