Resolution 2006-048 i
STATE OF ILLINOIS )
)ss COPY
COUNTY OF KENDALL )
RESOLUTION NO. 2006- Lit
n )
RESOLUTION APPROVING ENGINEERING AGREEMENT WITH
WALTER E. DEUCHLER ASSOCIATES, INC.
FOR
DESIGN SERVICES OF THE AUX SABLE CREEK
INTERCEPTOR, FORCE MAIN, AND PUMP STATION
WHEREAS, the City Council of the United City of Yorkville has considered
approval of an agreement with Walter E. Deuchler Associates Inc. for Design Services;
and
WHEREAS, a copy of said agreement is attached hereto and incorporated herein
as Exhibit "A "; and
WHEREAS, this agreement shall be paid for by Developer funding; and
NOW THEREFORE, upon Motion duly made, seconded and approved by the
majority of those members of the City Council voting, the Agreement in the form set
forth in Exhibit "A" is hereby approved, subject to Developer funding in an amount
sufficient to make payment for the Agreement, and the Mayor and City Clerk are
authorized to execute said Agreement on behalf of the United City of Yorkville.
JAMES BOCK JOSEPH BESCO
VALERIE BURD v. PAUL JAMES
DEAN WOLFER MARTY MUNNS
ROSE SPEARS ,,, JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this Day of 0 A.D. 2006.
MAYOF�/
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this 'a. day of , A.D. 2006.
ATTEST: �.,.
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
ENGINEERING AGREEMENT
FOR DESIGN SERVICES OF THE
AUX SABLE CREEK INTERCEPTOR, FORCE MAIN AND PUMP STATION
UNITED CITY OF YORKVILLE, ILLINOIS
2006
This Agreement is made and entered into this day of , 2006, by and between
Walter E. Deuchler Associates, Inc. whose address is 230 S. Woodlawn Avenue, Aurora, M 60506,
hereinafter called the "Engineer ", and the United City of Yorkville, Kendall County, 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 Yorkville - Bristol Sanitary District (YBSD) intends to construct the Aux Sable Creek Interceptor
( ±10,500 linear feet varying in size from 24 -inch to 36 -inch diameter), Force Main (±12,500 linear
feet of 24 -inch diameter) and Pump Station (f6.0 mgd) along a route as delineated on the attached
Exhibit 1. The work, which will be paid by the United City of Yorkville as part of an
intergovernmental Agreement between the YBSD and the City, is herein referred to as the Project.
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 sublet geotechnical, wetland delineation and archaeological survey work.
2.4 To provide Design Services for the Project described in Section 1, as delineated on the attached
Exhibit 1, and as summarized in the following:
2.4.1 Perform topographic surveys.
2.4.2 Delineate jurisdictional wetlands along the force main and interceptor routes and pump
station site
2.4.3 Order title commitments of parcels, other than proposed development sites, where utility
easements will need to be obtained.
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2.4.4 Prepare Plans and Specifications of the proposed 24 -inch diameter force main and interceptor
varying in size from 24 -inch to 36 -inch diameter, based on the alignment shown on Exhibit 1
(approximately 23,000 feet).
2.4.5 Prepare Plans and Specifications of the proposed f6.0 mgd pump station.
2.4.6 Locate markers and monumentation of parcels and ROWs and prepare plats of easement and
plat of survey, as needed upon easement negotiations and property acquisition by the Owner.
2.4.7 Assist the Owner in obtaining appropriate permits from the Corps of Engineers, IDNR, and
the State of Illinois EPA.
SECTION 3 - THE OWNER AGREES
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3.1 To furnish available data such as utility maps, special design criteria, available plans of existing
subdivisions, title searches for determination of existing right -of -way and property encumbrances.
The Owner will negotiate easements and property acquisition with the property owners affected by
the Project.
3.2 To designate in writing a person to act as Owner's representative with respect to the services to be
performed or furnished by Engineer under this Agreement. Such person will have complete
' authority to transmit instructions, receive information, and interpret Owner's policies and decisions
with respect to Engineer's services for the Project.
3.3 To pay the Engineer, for those services described in Section 2 a lump sum amount of $760,000.00
based on the Engineer's estimate of the proportion of the total services actually completed at the time
of billing.
3.4 That those services beyond the scope of Section 1 and not included in Section 2, such as, but not
limited to, assisting the Owner in negotiating easements and acquiring property, changing alignment
of the force main and/or interceptor due to failure in acquiring easements and others, will be
considered additional work. Compensation for additional work will be paid in accordance with the
attached 2006 Fee Schedule for the 2006 calendar year or the current schedule in effect after calendar
year 2006.
3.5 That payments due the Engineer for services rendered will be made in monthly payments based upon
the Engineer's estimate of the proportion of the total services actually completed at the time of
billing. Payments due the Engineer for additional services rendered will be made in monthly
payments based upon actual work completed.
3.6 To pay Engineer within thirty (3 0) days after the invoice date, after which, payment will increase at
an interest rate of 1.5% per month.
3.7 That Engineer has the right to suspend or terminate service if undisputed charges are not paid within
forty -five (45) days of receipt of Engineer's invoice, and Owner agrees to waive any claim against
Engineer arising, and to indemnify, defend, and hold Engineer harmless from and against any claims
arising, other than from Engineer's negligence or wrongful conduct, from Engineer's suspension or
termination due to Owner's failure to provide timely payment. Owner recognizes that any charges
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not paid within thirty (30) days are subject to a late payment charge equivalent to 1.5% of the balance
due for each additional month or fraction thereof that undisputed charges remain unpaid.
3.8 In the event of termination by Owner under Section 4.2 for convenience or by Engineer for cause,
Engineer, in addition to invoicing for those items identified in Sections 3.3 and 3.4 shall be entitled
to invoice Owner and shall be paid a reasonable amount for services and expenses (not to exceed a
total of $1,000.00), directly attributable to termination, both before and after the effective date of
termination, such as reassignment of personnel, costs of terminating contracts with Engineer's
Consultants, and other related close -out costs, using methods and rates for Additional Services as set
forth in Section 3.4, but in addition to amounts paid thereunder. In addition a 10% charge of the
unbilled amount as set forth in Section 3.3 shall be paid by the Owner to the Engineer.
3.9 To pay the Engineer an additional 8% for sublet services and outside vendor expenses.
3.10 In the event that Owner shall bring any suit, cause of action or counterclaim against Engineer, to the
extent that Engineer shall prevail, Owner or the party otherwise 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 negligent failure to follow Engineer's
recommendations.
3.11 Engineer's employees shall not be retained as expert witnesses except by separate written agreement.
Owner agrees to pay Engineer pursuant to Engineer's current fee schedule for any Engineer
employee(s) subpoenaed by any party as an occurrence witness as a result of Engineer's services.
3.12 The Engineer will not be responsible for job or site safety of the Project other than arising from
validly implemented affirmative recommendations therefor. Job and site safety will be the sole
responsibility of the contractor /contractors of the Project unless contracted to others.
3.13 The Owner shall require in any agreement it makes with a Contractor for the Project that the
Contractor shall obtain Commercial General Liability Insurance with contractual liability and shall
name the Engineer, its employees and consultants, as additional insured, with said coverage to be
primary and non - contributory. In addition, the Owner agrees to name the Engineer, its employees
and consultants, as an additional insured on any policy of Owner covering the Project, with said
coverage to be primary and non - contributory. When Owner requests services of the Engineer in any
capacity other than as a design professional, then, to the fullest extent permitted by law, the Owner
shall defend, indemnify, and hold harmless the Engineer, its employees and consultants, from and
against claims, damages, losses, costs, including but not limited to reasonable attorneys fees and
costs, ( "Losses ") arising out of or resulting from the Engineer's performance of services other than as
a design professional (including any services that could be construed as those of a construction
manager) provided that such Losses are attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property to the extent caused, in whole or in part, by the
contractor, subcontractor, or anyone directly or indirectly employed by them or anyone for whose
acts they may be liable. This provision shall survive the termination or completion of this
Agreement.
3.14 Neither the professional activities of the Engineer, nor the presence of the Engineer or his or her
employees and subconsultants at a construction site, shall relieve the General Contractor and any
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other entity of their obligations, duties and responsibilities including, but not limited to, construction
means, methods, sequence, techniques or procedures necessary for performing, superintending or
coordinating all portions of the work of construction in accordance with the contract documents and
any health or safety precautions required by any regulatory agencies. The Engineer and his or her
personnel have no authority to exercise any control over any construction contractor or other entity or
their employees in connection with their work or any health or safety precautions. The Owner agrees
that the General Contractor is solely responsible for job site safety, and warrants that this intent shall
be made evident in the Owner's agreement with the General Contractor. The Owner also agrees that
the Owner, the Engineer and the Engineer's consultants shall be indemnified and shall be made
additional insureds under the General Contractor's general liability insurance policy. In addition,
and notwithstanding any other provisions of this Agreement, the Owner agrees, to the fullest extent
permitted by law, to indemnify and hold harmless the Engineer, his or her officers, directors,
employees, agents and subconsultants from and against all damage, liability or cost, including
reasonable attorneys' fees and defense costs, arising out of or in any way connected with the Project
or the performance by any of the parties above named of the services under this Agreement,
excepting only those damages, liabilities or costs attributable to the sole negligence or willful
misconduct of the Engineer.
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3.15 The Owner agrees to limit Engineer's liability specifically and exclusively 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
$100,000.00 or the total cumulative fees for the services rendered for this Project, whichever is
greater; and Owner hereby releases Engineer from any liability above such amount.
3.16 If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the
enforceability of the remaining provisions will not be impaired.
3:17 That any difference between the Engineer and 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 shall attempt to resolve the difference
by formal non - binding mediation conducted in accordance with rules and procedure to be agreed
upon by the parties.
$ECTION 4 - IT IS MUTUALLY AGREED
4.1 During the progress of work under this Agreement, the Engineer shall continuously monitor its costs
and anticipated future costs, and if such monitoring indicates possible costs in excess of the amounts
stated in Section 3 above, the Engineer shall immediately notify the Owner of such anticipated
increase and the compensation for engineering services shall be adjusted, if any, by amendment to
this Agreement.
4.2 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 completed in accordance with Section 3.
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4.3 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 Agreement, 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 Agreement. For breach or violation of
this warranty the Owner shall have the right to void this Agreement without liability whatsoever.
4.4 That the Owner acknowledges that the Engineer is a corporation and agrees that any claim made by
the owner arising out of any act or omission of any director, officer or employee of the Engineer, in
the execution or performance of this Agreement shall be made against the Engineer and not against
such director, officer or employee.
4.5 That the Owner and the Engineer each binds himself and his partners, successors, executors,
administrators and assigns to the other party of this Agreement and to the partners, successors,
executors, administrators and assigns of such other party in respect to all covenants of this
Agreement; except as above, neither the Owner nor the Engineer shall assign, sublet or transfer his
interest in this Agreement without the written consent of the other. Nothing herein shall be
construed as creating any personal liability on the part of any office or agent of any public body
which may be a party hereto, nor shall it be construed as giving any right or benefits hereunder to
anyone other than the Owner and the Engineer.
4.6 All Reports, Drawings, Specifications, other documents, and magnetic media prepared or furnished
by the Engineer pursuant to this Agreement are instruments of service in respect to the Project, and
the Engineer shall retain ownership of said documents and magnetic media including the right of
reuse by and at the discretion of the Engineer whether or not the Project is completed. The Owner
may retain copies, including reproducible copies, of the Engineer's documents and magnetic media
for information and reference in connection with the use and occupancy of the Proj ect by the Owner
and others; however, the Engineer's documents and magnetic media are not intended or represented
to be suitable for reuse by the Owner or others on additions or extensions of the project, or on any
other Project. Any such reuse without written permission and verification or adaption by the
Engineer for the specific purpose intended will be at the Owner's sole risk and without liability or
legal exposure to the Engineer. The Owner shall indemnify and hold harmless the Engineer from all
claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom.
Any furnishing of additional copies and verification or adaptation of the Engineer's comments and
magnetic media will entitle the Engineer to claim and receive additional compensation from the
Owner.
4.7 The Engineer's agent shall perform the function of Agent or Representative of the Owner, during the
performance of the PROJECT. The Engineer may be required to enter private properties and private
premises to perform the work identified in the PROJECT. The Owner agrees to indemnify, defend
and hold harmless the Engineer from any claim, suit, liability, damage, injury, cost or expense,
including attorney fees, arising out of Engineer's entry into private properties and private premises,
unless resulting from Engineer's negligence or wrongful conduct under Section 3.7 or as provided by
law.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in triplicate
counterparts, each of which shall be considered as an original by their duly authorized officers, this 1�
day of , 2006.
Executed by the Owner: United City of Yorkville
State of Illinois
ATTEST:
4 �� By
Title: City Clerk Title: Mayor
1
Executed by the Engineer: Walter E. Deuchler Associates, Inc.
230 S. Woodlawn Avenue
Aurora, IL 60506
BY �
Tit . Vice - President
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WALTER E. DEUCHLER ASSOCIATES, INC. I � YORKVILLE - BRISTOL SANITARY DISTRICT
We.e..u.. s, - -d- -P G IE 5(28 /. 1- TFJ...cw EAf 1— 1 EXHIBIT 1
(f j' 1'- 2000'1Mp YV\04058 \Exw81T -1 Iae.n /04 ose /oaI AUX SABLE CREEK UTILITY IMPROVEMENTS
Walter E. Deuchler Assoc. 2006, FEE SCHEDULE
CLASSIFICATION RANGE OF BILLING RATE
CLERICAL 55.00 -70.00
JR. TECHNICIAN 35.00 - 50.00
TECHNICIAN/DRAFTSPERSON 60.00 -85.00
CONSTRUCTION OBSERVER 65.00- 80.00.
SURVEY CREW (2 Members) 120.00- 155.00
ENGINEER 72.00 -95.00
PROJECT ENGINEER 94.00- 120.00
PROJECT MANAGER........
LAND SURVEYOR............
- 145.00
PRINCIPAL.... ....... 112.00