Resolution 1997-12 STATE OF ILLINOIS ) August 12, 1997
)ss.
COUNTY OF KENDALL )
RESOLUTION NO: 97- 1 a
RESOLUTION APPROVING THE FIRM OF WALTER E. DEUCHLER ASSOCIATES, INC.
FOR ENGINEERING SERVICES FOR A WATERMAIN RIVER CROSSING
WHEREAS, the Mayor and the City Council have reviewed the proposed agreement
between the firm of WALTER E. DEUCHLER ASSOCIATES, INC. and THE UNITED CITY
OF YORKVILLE for the engineering services; and
WHEREAS, the UNITED CITY OF YORKVILLE'S Five Year Water System Plan calls
for an additional watermain crossing the Fox River; and
WHEREAS, THE UNITED CITY OF YORKVILLE has utilized the services of the firm
of WALTER E. DEUCHLER ASSOCIATES, INC. in the past and they have performed well,
and
WHEREAS, the WALTER E. DEUCHLER ASSOCIATES, INC. firm have the expertise
and the experience for the Watermain River Crossings; and
WHEREAS, the Mayor and City Council have determined that it is in the best interest of
the citizens of THE UNITED CITY OF YORKVILLE to enter into such an agreement.
NOW THEREFORE BE IT RESOLVED that the Mayor and City Clerk are hereby
authorized to enter into a contract with the consulting firm of WALTER E. DEUCHLER
ASSOCIATES, INC. for the preparation of plans and specifications for an additional Watermain
Crossing at a price not to exceed $15,000.00.
PASSED and APPROVED this&day of ' 1997
OR
ATTEST: �. vyyZmcn]
CITY CLERK
ENGINEERING AGREEMENT
FOR WATERMAIN RIVER CROSSING AT
LIBERTY/MILL STREETS
UNITED CITY OF YORKVILLE
This Agreement is made and entered into this 14 day of August , 1997,by and between
Walter E. Deuchler Associates,Inc. whose address is 230 S. Woodlawn Avenue,Aurora, IL 60506,
hereinafter called the "Engineer", and the United City of Yorkville, State of Illinois, hereinafter
called the "Owner", and covers certain professional engineering services in connection with the
improvement.
Witnesseth that, in consideration of these premises and of the mutual covenants herein set
forth,
Now, therefore, the Owner and Engineer, in consideration of their mutual covenants, herein
agree in respect to the performance of professional engineering services by the Engineer, and the
payment for those services by the Owner, as set forth below.
SECTION 1 - PROJECT DESCRIPTION
1.1 The Owner intends to install a watermain across the Fox River at an approximate location
of 100 feet downstream of Glen Palmer Dam along Liberty/Mill Streets extended.
SECTION 2 - THE ENGINEER AGREES
2.1 To perform professional engineering services in connection with the project as hereinafter
stated.
2.2 To serve as the Owner's professional engineering representative in those phases of the Project
to which this Agreement applies, and to give consultation and advice to the Owner during
the performance of services.
2.3 To provide Design Services for the areas stated in Section 1.1, as follows:
2.3.1. To collect and review data supplied by the Owner.
2.3.2. To meet with Owner to decide on:
2.3.2.1. If shutdown of existing watermain can be tolerated.
2.3.2.2. Final routing of main.
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2.3.3. To perform topographic surveys including a profile of elevations at approximately 50
foot intervals.
2.3.4. To prepare plans and specifications and furnish necessary copies to IEPA and the U.S.
Army Corps of Engineers.
2.3.5. To assist Owner in obtaining IEPA and U.S. Army Corps of Engineers Permits.
2.4 To perform additional services if requested by Owner. Additional Services will include but
not be limited to:
2.4.1. Subletting geotechnical services to another consultant.
2.4.2. Subletting Title Commitmenets for the preparation of plats of easement.
2.4.3. Services during bidding and construction.
2.4.4. Services not mentioned in Sections 1, 2.1, 2.2 and 2.3.
2.5 To prepare necessary plats of easements if requested by Owner.
SECTION 3 - THE OWNER AGREES
3.1 To provide plans of existing underground utility lines and all design criteria relevant to
project.
3.2 To designate a person to act with authority on Owner's behalf in respect to all aspects of the
Project.
3.3 To pay the Engineer for those services described in Sections 1, 2.1, 2.2, 2.3 and 2.4 on the
basis of the hourly rates quoted in the attached 1997 Fee Schedule For Municipal or District
Clients during calendar year 1997 or the current schedule in effect after calendar year 1997.
3.4 To pay Engineer reimbursable expenses for plans, specifications, photographs, and video
tapes.
3.5 To pay Engineer for those services described in 2.1 through 2.3 at his aforementioned hourly
rates and reimbursable expenses, which total amount will not exceed $15,000.
3.6 To pay Engineer for additional services stated in Section 2.4 on the basis of the
aforementioned hourly rates and reimbursable expenses including a multiplier of 1.08 times
the amount billed to the Engineer for subletting services.
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3.7 To pay Engineer for preparing Plats of Easement (Section 2.5) the lump sum of$750 for
each parcel.
3.8 That payments due the Engineer for services rendered will be made in monthly payments.
3.9 To pay Engineer within 30 days after the invoice date, after which, payment will increase at
an interest rate of 1.5% per month.
3.10 That Engineer has the right to suspend or terminate service if undisputed charges are not paid
within 45 days of receipt of Engineer's invoice, and Owner agrees to waive any claim against
Engineer, and to indemnify, defend, and hold Engineer harmless from and against any claims
arising from Engineer's suspension or termination due to Owner's failure to provide timely
payment.
SECTION 4 - PERIODS OF SERVICE
4.1 Based on receving a Notice to Proceed by August 1, 1997, the Design Phase will start on
August 2, 1997 and will finish on October 2, 1997 (exclusive of permits).
SECTION 5 - IT IS MUTUALLY AGREED
5.1 During the progress of work under this Agreement,the Engineers shall continuously monitor
their costs and anticipated future costs, and if such monitoring indicates possible costs in
excess of the amounts stated in Section 3 above, the Engineers shall immediately notify the
Owner of such anticipated increase and the compensation for engineering services shall be
adjusted by amendment to this Agreement; however, if the Engineers fail to so notify the
Owner of the anticipated increase of engineering costs, the Engineers waive any claim for
extra compensation after the services have been performed. If the Owner does not approve
extra compensation for said anticipated increase of engineering costs, this Agreement shall
then be considered to be terminated to the mutual benefit of these parties, without penalty to
either party.
5.2 That any difference between the Engineer and the Owner concerning the interpretation of the
provisions of this agreement shall be referred to a committee of disinterested parties
consisting of one member appointed by the Engineer, one member appointed by the Owner
and a third member appointed by the two other members for disposition and that the
committee's decision shall be final.
5.3 This agreement may be terminated by the Owner upon giving notice in writing to the
Engineer at his last known post office address. Upon such termination, the Engineer shall
cause to be delivered to the Owner all drawings, specifications, partial and completed
estimates and data, with the understanding that all such material becomes the property of the
Owner. The Engineer shall be paid for any services completed and any services partially
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completed in accordance with Section 3 of THE OWNER AGREES.
5.4 That the Engineer warrants that he has not employed or retained any company or person,
other than a bona fide employee working solely for the Engineer, to solicit or secure this
contract, and that he has not paid or agreed to pay any company or person, other than a bona
fide employee working solely for the Engineer, any fee, commission, percentage, brokerage
fee, gifts, or any other consideration, contingent upon or resulting from the award or making
of this contract. For breach or violation of this warranty the Owner shall have the right to
annul this contract without liability.
5.5 The Owner agrees to limit Engineer's liability to the Owner on the project arising from
Engineer's professional acts, errors, or omissions or breach of contract or other cause of
action, such that the total aggregate liability of Engineer to all those named shall not exceed
$100,000 or the fee for the services rendered for this project which ever is greater, and
Owner hereby releases Engineer from any liability above such amount.
5.6 In the event that Owner shall bring any suit, cause of action or counterclaim against
Engineer, to the extent that Engineer shall prevail, the party initiating such action shall pay
to Engineer the cost and expenses incurred to answer and/or defend such action, including
reasonable attorneys fees and court costs. In no event shall Engineer indemnify any other
party for the consequences of that party's negligence, including failure to follow Engineer's
recommendations.
IN WITNESS WHEREOF, the parties have caused the execution of this Agreement by their
duly authorized officers as of the day and year first above written.
Executed by the Owner: United City of Yorkville
State of Illinois
ATTEST:
i
Title: City Clerk Title: Mayor
(SEAL)
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Executed by the Engineer: Walter E. Deuchler Associates, Inc.
230 S. Woodlawn Avenue
Aurora, IL 60506
BY: z ..,
Title: President
BY:
Title: Secretary
1997 FEE SCHEDULE
FOR MUNICIPAL OR DISTRICT CLIENTS
WALTER E.DEUCHLER ASSOCIATES, INC.
BILLABLE
EMPLOYEE CLASSIFICATION HOURLY RATE*
BAGGETT,K.J. RODPERSON $16.51
BAUER, K.A. RODPERSON $16.90
BAUER,R.C. REGISTERED P.E.VI $95.14
BLAIR,E.A. RODPERSON $21.09
BOWER, M.J. RODPERSON $34.45
BROWN,B.A. INSTRUMENTMAN $33.87
DOYLE,P.J. CONSTRUCTION OBSERVER $41.10
FELTMAN,D.M. ENGINEER INTERN $45.25
FIENE,K. RODPERSON $20.01
FRERICH.J.W. ENGINEER INTERN $49.25
GERARDI,P.J. RODPERSON $20.80
GORDON,E.E. PRINCIPAL ENGINEER&S.E. $102.10
GREENE,G.M. ENGINEER INTERN $45.25
GRIFFIN, G.V. REGISTERED P.E.VII $102.10
HERRERA,T. PARTY CHIEF $46.88
HOEFLE,R.A. REGISTERED P.E.VII&S.E. $99.00
KOCHER,D.E. CONSTRUCTION OBSERVER $41.60
KRULA,W. CONSTRUCTION OBSERVER $41.60
KSHATRIYA,P.R. REGISTERED P.E.IV $64.98
EPPERT, S.A. DRAFTSMAN,INSTRUMENTMAN $33.86
i*IALAISE,M.G. REGISTERED P.E.IV $66.15
MCCORMICK,S RODPERSON $20.15
McAULEY,S. CONSTRUCTION OBSERVER $42.90
MEHTA,S.C. REGISTERED P.E.&S.E. $80.34
MOHANRAO,N.M. REGISTERED P.E.V&S.E. $74.98
MOREAU,P.F. PRINCIPAL ENGINEER $99.00
MORRIS,R. CONSTRUCTION OBSERVER $41.60
MUNSON,R.A. REGISTERED P.E.II $56.24
PARYZ,G.S. REGISTERED P.E.VI $84.97
PIEART,D.A. SENIOR TECHNICIAN $83.84
ROBERTSON,G.W. DESIGNER $61.68
ROSE,J.J. ENGINEER SCIENTIST $48.94
RUTSAY,T.P. PARTY CHIEF $39.17
SCHUMACHER.D.E. ENGINEER INTERN $53.87
STEIN,D.H. REGISTERED LAND SURVEYOR $71.10
STOTT,J.E. DRAFTSMAN,INSTRUMENTMAN $43.83
WAGNER,M.M. SECRETARY $42.04
WALLIS,C.J. DRAFTSMAN,CONSTRUCTION OBSERVER $43.09
WECKLER,E.A. RODPERSON $20.01
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UBJECT TO MINOR CHANGES DEP NDING UPON DIRECT SALARY ADJUSTMENTS DURING THE YEA
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