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95-32 Resolution No. 95-32 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CLARK DIETZ, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, 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 Clark Dietz, Inc. for construction engineering services for water reservoirs at the Slade Avenue facility, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 22, 1995 Adopted: February 22, 1995 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT, is made and entered into this 0,?3A421 day of4. , 1995, by and between the CITY OF ELGIN, an Illinois mun' cipal corporation (hereinafter referred to as "CITY" ) and LARK DIETZ, INC an Illinois Business Corporation (hereinafter referred to as "ENGINEER" ) . WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the bidding and construction of the new 2 . 0 million gallon water reservoir and repairs to the existing 1 . 0 million gallon water reservoir at Slade Avenue facility (hereinafter referred to as the "PROJECT" ) . AND WHEREAS, the ENGINEER represents that it 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 mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER to act for and represent it in all engineering matters involved in the PROJECT, subject to the following terms and conditions and stipulations, to-wit: 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. The professional services for the PROJECT shall include: Bidding and construction services for the construction of the new 2 . 0 million gallon reservoir and repairs to the existing 1 . 0 million gallon reservoir at Slade Avenue facility. C. A detailed Scope of Services is attached hereto as Attachments A II . WORK PROGRESS The ENGINEER shall complete his work on the project as set forth herein under: -2- A. Work Commencement: Immediately after receipt of a Notice to Proceed. B. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C. below. C. The ENGINEER shall submit to the DIRECTOR monthly a Status Report keyed to the project Schedule. Abrief narrative shall be provided identifying progress, findings, and outstanding issues . III . 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 his 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. IV. PAYMENTS TO THE ENGINEER A. For services provided by ENGINEER shall be reimbursed at the rate of 2 . 9 times the direct hourly rate of personnel employed on this PROJECT, with total fee not to exceed One Hundred Seventy-Eight Thousand and No/100 ( $178, 000 . 00) , regardless of actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by DIRECTOR. B. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports ( IIC above) shall be included with all payment requests . 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 -3- 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. VI . 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 IV above. VII . TERM This Agreement shall become effective as of the date the ENGINEER is given a written Notice to Proceed following approval of the City' s corporate authorities and, unless terminated for cause or pursuant to Article VI foregoing and shall expire on the date the DIRECTOR determines that all of the ENGINEER' s work under this Agreement is completed. A determination of completion shall not be constitute a waiver of any rights or claim that the CITY may have or thereafter acquire with respect to any breach hereof by the ENGINEER. VIII . 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. IX. 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 -4- of the Agreement, the other party may terminate this Agreement. X. INDEMNIFICATION The ENGINEER shall indemnify and save harmless the CITY, its officers and employees from and against any and all loss, liability and damages of whatever nature, including but not limited to Workmen' s Compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including but not limited to negligent actions or omissions of employees or agents of the ENGINEER arising out of the performance of professional services . XI . 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. XII . 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 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 Certificate 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. The Certificate of Insurance, which shall include Contractual obligation assumed by the ENGINEER under Article X entitled "Indemnification, " shall be provided. B. Comprehensive Automobile Liability. The ENGINEER shall provide, pay for and maintain in effect during the term of this Agreement a policy of 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 -5- 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. XIII . 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 herein. XIV. 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, or 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. XV. 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 -6- assignment shall be made without the prior written consent of the CITY. XVI . 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. XVII . NO CO-PARTNERSHIP OR AGENCY It is understood and agreed that nothing herein contained is intended or shall be construed to, in any respect, create or establish the relationship of co- partners between the CITY and the ENGINEER, or as constituting the ENGINEER as the general representative or general agent of the CITY for any purpose whatsoever or to constitute an employment relationship between the parties hereto. XVIII . SEVERABILITY The parties intend and agreed that, if any paragraph, subparagraph, 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. XIX. 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 . XX. MODIFICATION OR AMENDMENT This Agreement and its attachments constitute 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. -7- XXI . 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 . XXII . 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. XXIII . COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY' s employ or any work associated with the PROJECT. XXIV. INTERFERENCE WITH PUBLIC CONTRACTING: P.A. 85-1295 The ENGINEER certifies hereby that he is not barred from bidding on this contract as a result of violations of either Section 33E-3 or Section 33E-4 of the Illinois Criminal Code. XXV. 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; -8- 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 (copy attached) . A copy of the policies must be provided to the Department of Human Rights upon request. P.A. 87-1257 . XXVI . WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants that may affect cost or time of completion, 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. XXVII. 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: JAMES L. KRISTIANSEN Director of Public Works City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to CONSULTANT: Charles E. Park Project Manager Clark Dietz, Inc . 1817 S . Neil, Suite 100 Champaign, Illinois 61820 -9- 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 BY -J, Q C/'�"" By City Clerk City Manager (SEAL) For the ENGINEER: Dated this 9th day of February A.D. , 1995. X91)*. ATTEST: �k41 J I 41-c , By //„ _ .� BY �4 /` L P ".j -ct Tanager Vice Pre (SEAL) CITY OF ELGIN, ILLINOIS NEW 2.0 MILLION GALLON RESERVOIR AND REPAIRS TO 1.0 MILLION GALLON RESERVOIR AT SLADE AVENUE FACILITY ENGINEERING SERVICES AGREEMENT ATTACHMENT A SCOPE OF SERVICES BIDDING SERVICES 1. Submit documents to the Illinois EPA, and Illinois Historic Preservation Agency, . All work shall be performed in accordance with the appropriate regulations and standards. 2. Conduct a pre-bid conference for qualified Contractors, respond to contractors questions, attend the bid opening and tabulate bid proposals, make an analysis of the proposals, review and confirm the qualifications of the low bidder, and submit recommendations for award of the construction contract. 3. The ENGINEER shall provide twenty (20) sets of plans, specifications and bidding documents etc. . . CONSTRUCTION SERVICES A. LIAISON AND CONTRACT CONTROL 1. Act as the CITY's representative with duties, resposibilities and limitations of authority as assigned in the Construction Contract documents, and advise and confer with CITY officials during construction and issue the CITY'S authorized instructions to the Contractor. 2. Assist the Contractor in understanding the intent of the Construction Contract Documents. Serve as the CITY'S liaison with other local agencies such utility companies, businesses, etc. keeping them advised of day-to-day activities. B. ON-SITE REVIEW OF WORK 1. Conduct continuous and full-time on-site observations of the work in progress to determine that the PROJECT is proceeding in accordance with the Construction Contract Documents and that completed work will conform to the requirements of the Construction Contract Documents. 2. Instruct Contractor to correct any work believed to be unsatisfactory, faulty or defective, not conforming to the requirements of the Construction Contract Documents or does not meet the requirements of any inspections, tests, or approval required to be made and report same to the CITY of action taken or if any special testing or inspection will be required. 3. Verify that tests are conducted as required by the Construction Contract Documents and in the presence of the required personnel, and that Contractors maintain and submit adequate records thereof; observe, record, and report to the CITY appropriate details relative to the test procedures. 4. The ENGINEER shall cause to have performed as applicable, all required field tests such as concrete tests, soil compaction tests and ensure such tests are made as specified and the CITY will provide the testing services . The ENGINEER shall analyze the results of all field and laboratory tests to determine the suitability compliance with the requirements of the Construction Contract Documents. 5. Accompany visiting inspectors representing public or other agencies having jurisdiction over the project, record the outcome of these inspections and report to the CITY. 6. Verify the accuracy of stake-out construction lines and grades and assist the Contractor with interpretation of the drawings and Specifications. 7. Prepare and submit detailed daily reports of construction progress. C. CONTRACTOR SUGGESTIONS AND REQUESTS Consider and evaluate suggestions and requests for modifications in drawings and specifications which may be submitted by the Contractor and make recommendations to the CITY with any time or cost implications for final decision. D. SHOP DRAWINGS 1. Develop shop drawing submittal requirements and assist Contractor in development of submittal schedules. Review and monitor compliance with submittal schedules. 2. Review and approve shop drawings and samples, the results of tests and inspections and other data which any Contractor is required to submit, but only for conformance with the design concept of the project and compliance with the information given in the Construction Contract Documents. Such review shall not be construed as relieving the Contractor of the reponsibilities to meet requirements of the Construction Contract Documents. 3. Determine the acceptability of substitute materials and equipment proposed by the Contractor(s) ; and receive and review (for general content as required by the specifications) maintenance and operating instructions, guarantees, bonds and certificates of inspection which are to be assembled by the Contractor(s) in accordance with the Construction Contract Documents. 4. Record and maintain a shop drawing submittal and approval log and notify the Contractor whenever submittals are lacking or untimely. E. SCHEDULES 1. Work with the Contractor to ensure that a workable construction schedule is developed and monitor schedule as construction progresses. 2. Review construction schedules, schedules of the shop drawing submissions, and schedules of values prepared by contractor. Be alert to the construction schedule and to conditions which may cause delay in completion and report same to the Contractor and the CITY in sufficient time to make adjustments. 3. ENGINEER's Resident Project Representative shall work with the contractor to maintain a workable updated construction schedule that is maintained and monitored weekly as construction progresses as required by the Construction Contract Document. Report progress and schedule deviations and corrective measures proposed by the Contractor to the CITY. F. JOB MEETINGS 1. ENGINEER's Resident Project Representative shall conduct weekly progress meetings with all parties as required by the Construction Contract Documents to review construction progress, design interpretations and overall progress. Prepare, maintain, and circulate copies of minutes thereof. 2. Arrange a schedule of on-site job work meetings with the General Contractor and Subcontractors to review day-to-day requirements and problems. Prepare, maintain, and circulate copies of minutes thereof. G. CONTRACT ADMINSTRATION AND RECORDS 1. Handle all day-to-day Contract Adminstration and associated correspondence. 2. Maintain at the job site orderly files for correspondence, reports of job conferences, shop drawings, and samples submissions, reproductions of original Construction Contract Documents including all addenda, change orders, field orders, additional drawings issued subsequent to the execution of the Construction Contract Documents, progress reports, and other project related documents. H. REPORTS Furnish written reports on a monthly basis of progress of the work and the Contractor's compliance with the approved progress schedule and schedule of shop drawing submissions. I. CONTRACTOR PAY REQUESTS Review the Contractor's requests for payments as construction work progresses, and advise the CITY of the amounts due and payable to the Contractor in accordance with the terms of the Construction Contract Documents. J. CHANGE ORDERS Perform evaluation of proposed Construction Contract Change Orders and submit recommendation for approval or denial to the CITY. Prepare Construction Contract Change Orders when authorized by the CITY. K. RECORD DRAWINGS Prepare record drawings which show field measured dimensions of the completed construction work which the ENGINEER considers significant and provide the CITY with one set of reproduible record drawings and all equipment operation and maintenance manuals within ninety (90) days of the PROJECT completion. L. FINAL COMPLETION 1. Conduct a final inspection of the PROJECT with the CITY and the Contractor, and prepare and give the Contractor a final punchlist. 2. Issue an opinion of satisfactory completion for acceptance of the PROJECT by the CITY. 3. Process the Contractor's final request for payment. •n %, - Agenda Item No. 0, -.. /a- ga,tnSO-. //) February 1,1995 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Construction Engineering Services for Water Reservoirs at the Slade Avenue Facility PURPOSE This memorandum will provide the Mayor and members of the City 01914 Council with information to consider awarding a construction engineering services agreement for the construction of a new 2 .0 MG reservoir and repair of the 1 . 0 MG reservoir at the Slade Avenue facility. BACKGROUND This agreement will provide for the construction engineering services required in connection with the bidding and construc- tion of the new 2 .0 MG water reservoir and repairs to the existing 1 .0 MG water reservoir at the Slade Avenue facility. The Slade Avenue pumping station is the primary water supply • and pressure source to the City east of the Fox River. Three in-ground water storage reservoirs (one 2 MG and two 1 MG shown as Exhibit A) provide treated water for pumping and distribution to the eastern part of the City. The Water System Distribution Report prepared by Donohue in April 1989 concluded that the two 1 .0 MG reservoirs at Slade Avenue have minor structural problems, improper drain lines, and some spalling concrete, and repairs could be economically accomplished. One reservoir was repaired in 1992 with the construction of the Slade Avenue facility; repairs to the second reservoir are still outstanding. This report also concluded that the 2 .0 MG reservoir showed structural defi- ciencies that could not economically be repaired, and a re- r p1Acement reservoir would be required. The Black & Veatch Master Plan reviewed the Donohue conclusions and concurred in the need to demolish and replace the 2 MG reservoir. Mayor and Members of the City Council February 1, 1995 rik Page 2 Clark Dietz, Inc. , is the engineer of record who prepared the specifications and plans for this project in 1993. Therefore, the firm was asked to submit a proposal to provide the con- struction-related engineering services . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT The not-to-exceed agreement amount is $178, 000 . Our budget estimate for construction engineering services was $195,000 . Funds totaling $2 ,055, 000 have been allocated for this project in the 1995 water bond sale projects as budgeted in the Five- Year Financial Plan. LEGAL IMPACT None. r RECOMMENDATION It is recommended that this contract be awarded to Clark Dietz, Inc . , in the not-to-exceed amount of $178,000 to pro- vide for bidding and construction engineering and inspection services for the demolition and construction of a new 2 MG in-ground reservoir and the repair of one 1 MG at-ground reservoir. Respectfully ,subfiit ed, . (1:1W6-7( (-/./3 b/8,‘elli7 James L. Kristiansen Public Works Director L// l Richard B. Helwig City Manager RBH:PLB: jm 01140116 .295 Attachment t . . C LL ,,I Q� \ , BROOK ST ( 1 INTAKE 1� PUMPING STATION • ■ i METER SHOP 111116 1 N 4 FOX RIVER ( ,MG o .. 0 rep:red k_____ . GROVE AVE O +� � 1 \. L't� u.il /� � f'[/ItrC� Q11 W CI 1 1UDSCIN "1 COLLEGE I �. 1 PARKING • \ -I - - BIKE PATH ELGIN % N MARINE T WATER CLUB RESERVOIR TANK PUBLIC, BOAT RAMP C Z1:--r-A/ i iii 1 ± 7/ •