Resolution 2006-053 STATE OF ILLINOIS
)ss COPY
COUNTY OF KENDALL )
RESOLUTION NO. 2006- S3
RESOLUTION APPROVING REVISED ENGINEERING AGREEMENT
WITH ENGINEERING ENTERPRISES, INC.
FOR SOUTHWEST WATER WORKS SYSTEM IMPROVEMENTS
CONTRACTS FA THROUGH F.5
WHEREAS, the City Council of the United City of Yorkville has considered
approval of an agreement with Engineering Enterprises, Inc. for Engineering 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 o C � , A.D. 2006.
MAYOR
i
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this �"1 day �f��.� —�.c , A.D. 2006.
,
ATTEST:,
�-� ITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
UNITED CITY OF YORKVILLE
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
This Agreement, made this day of , 20 by and between the United City of
Yorkville, Kendall County, Illinois, hereafter referred to as the OWNER, and Engineering Enterprises, Inc., Sugar
Grove, Illinois hereinafter referred to as the ENGINEER amends and supersedes all previous contract(s) for the
Southwest Water Improvements:
The OWNER intends to construct Southwest Infrastructure Improvements in Kendall County, State of Illinois
and for which the ENGINEER agrees to perform the various professional engineering services for the design and
construction of said improvements. The OWNER intends to construct the improvements as follows:
Contract F.1 Construct One Deep Sandstone Well (Well No. 13) on a site located in the Aspen Ridge Estates
Subdivision.
t
Contract F.2 Construct One Well House and Water Treatment Facility on a site located in the Aspen Ridge
Estates Subdivision.
Contract F.3 Install approximately 3,225 LF of 16 -inch water main along Green Briar Road extended.
Contract FA Construct a 2,000,000 Gallon Elevated Water Storage Tank on a site located in the York Wood
Estates Subdivision.
Contract F.5 Construct a Booster Pump /Pressure Reducing Valve Station on a site located in the Chally Farm
development.
WITNESSETH:
That for and in consideration of the mutual covenants and promises between the parties hereto, it is hereby
agreed:
SECTION A - PROFESSIONAL DESIGN ENGINEERING SERVICES
The ENGINEER shall furnish professional design engineering services as follows:
1. The ENGINEER will attend conferences with the OWNER, or other interested parties as may be
reasonably necessary.
2. The ENGINEER will perform the necessary design surveys, accomplish the detailed design of the project,
prepare construction drawings, specifications and contract documents, and prepare a final cost estimate
based on final design for the entire system. It is also understood that if subsurface explorations (such as
borings, soil tests, rock soundings and the like) are required, the ENGINEER will furnish coordination of
said explorations without additional charge, but the costs incident to such explorations shall be paid for by
the OWNER as set out in Section D hereof.
UNITED CITY OF YORKVILLE
(Section A — Continued)
3. The contract documents furnished by the ENGINEER under Section A -2 shall utilize IEPA endorsed
construction contract documents, including Supplemental General Conditions, Contract Change Orders,
and partial payment estimates.
4. Prior to the advertisement for bids, the ENGINEER will provide for each construction contract, not to
exceed 10 copies of detailed drawings, specifications, and contract documents for use by the OWNER,
appropriate Federal, State, and local agencies from whom approval of the project must be obtained. The
cost of such drawings, specifications, and contract documents shall be included in the basic compensation
paid to the ENGINEER.
5. The ENGINEER will furnish additional copies of the drawings, specifications and contract documents as
required by prospective bidders, material suppliers, and other interested parties, but may charge them for
the reasonable cost of such copies. Upon award of each contract, the ENGINEER will furnish to the
OWNER five sets of the drawings, specifications and contract documents for execution. The cost of these
sets shall be included in the basic compensation paid to the ENGINEER. Original documents, survey
notes, tracings, and the like, except those furnished to the ENGINEER by the OWNER, are and shall
remain the property of the ENGINEER.
6. The drawings prepared by the ENGINEER under the provisions of Section A -2 above shall be in sufficient
detail to permit the actual location of the proposed improvements on the ground. The ENGINEER shall
prepare and furnish to the OWNER without any additional compensation, three copies of map(s) showing
the general location of needed construction easements and perinanent easements and the land to be
acquired. Property surveys, property plats, property descriptions, abstracting and negotiations for land
rights shall be accomplished by the OWNER, unless the OWNER requests, and the ENGINEER agrees to
provide those services. In the event the ENGINEER is requested to provide such services, the
ENGINEER shall be additionally compensated as set out in Section D hereof.
7. The ENGINEER will attend the bid opening and tabulate the bid proposal, make an analysis of the bids,
and make recommendations for awarding contracts for construction.
B. The ENGINEER further agrees to obtain and maintain, at the ENGINEER's expense, such insurance as
will protect the ENGINEER from claims under the Workman's Compensation Act and such
comprehensive general liability insurance as will protect the OWNER and the ENGINEER from all claims
for bodily injury, death, or property damage which may arise from the performance by the ENGINEER or
by the ENGINEER's employees of the ENGINEER's functions and services required under this
Agreement.
(Section A — Continued) UNITED CITY OF YORKVILLE
9. The ENGINEER will complete the final plans, specifications and contract documents and submit for
approval of the OWNER, and all State regulatory agencies to meet the proiect schedule(s) as summarized
in "Attachment A: Water Works Svstem Improvements (Southwest Planninq Area) — Proiect Schedule"
dated June 1. 2006.
If the above is not accomplished within the time period specified, this Agreement may be terminated by
the OWNER. The time for completion may be extended by the OWNER for a reasonable time if completion is
delayed due to unforeseeable cases beyond the control and without the fault or negligence of the ENGINEER.
SECTION B - PROFESSIONAL CONSTRUCTION ENGINEERING SERVICES
The ENGINEER shall furnish professional construction engineering services as follows:
1. The ENGINEER will review, for conformance with the design concept, shop and working drawings
required by the construction Contract Documents and indicate on the drawings the action taken. Such
action shall be taken with reasonable promptness.
2. The ENGINEER will interpret the intent of the drawings and specifications to protect the OWNER against
defects and deficiencies in construction on the part of the contractors. The ENGINEER will not, however,
guarantee the performance by any contractor.
3. The ENGINEER will evaluate and determine acceptability of substitute materials and equipment proposed
by Contractor(s).
4. The ENGINEER will establish baselines for locating the work together with a suitable number of bench
marks adjacent to the work as shown in the contract documents.
5. The ENGINEER will provide general engineering review of the work of the Contractor(s) as construction
progresses to ascertain that the Contractor is conforming with the design concept.
(a) ENGINEER shall have authority, as the OWNER's representative, to require special inspection of
or testing of the work, and shall receive and review all certificates of inspections, testing and
approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract
Documents (but only to determine generally that their content complies with requirements of, and
the results certified indicate compliance with, the Contract Documents).
UNITED CITY OF YORKVILLE
(Section B — Continued)
(b) During such engineering review, ENGINEER shall have the authority, as the OWNER's
representative, to disapprove of or reject Contractor(s)' work while it is in progress if ENGINEER
believes that such work will not produce a completed Project that conforms generally to the
Contract Documents or that it will prejudice the integrity of the design concept of the Project as
reflected in the Contract Documents.
6. The ENGINEER will provide resident construction observation. Resident construction observation shall
consist of visual inspection of materials, equipment, or construction work for the purpose of ascertaining
that the work is in substantial conformance with the contract documents and with the design intent. Such
observation shall not be relied upon by others as acceptance of the work. The ENGINEER's undertaking
hereunder shall not relieve the Contractor of Contractor's obligation to perform the work in conformity with
the drawings and specifications and in a workmanlike manner; shall not make the ENGINEER an insurer
of the Contractor's performance; and shall not impose upon the ENGINEER any obligation to see that the
work is performed in a safe manner. Attachment B - The Limitations of Authority, Duties and
Responsibilities of the Resident Construction Observer is attached to this Agreement.
7. The ENGINEER will cooperate and work closely with representatives of the OWNER.
i
8. Based on the ENGINEER's on -site observations as an experienced and qualified design professional, on
information provided by the Resident Construction Observer, and upon review of applications for payment
with the accompanying data and schedules by the Contractor, the ENGINEER:
(a) Shall determine the amounts owing to Contractor(s) and recommend in writing payments to
Contractor(s) in such amounts. Such recommendations of payment will constitute a
representation to OWNER, based on such observations and review, that the work has progressed
to the point indicated, and that, to the best of the ENGINEER's knowledge, information and belief,
the quality of such work is generally in accordance with the Contract Documents (subject to an
evaluation of such work as a functioning whole prior to or upon substantial completion, to the
results of any subsequent tests called for in the Contract Documents, and to any other
qualifications stated in the recommendation).
(b) By recommending any payment, ENGINEER will not hereby be deemed to have represented that
exhaustive, continuous or detailed reviews or examinations have been made by ENGINEER to
check the quality or quantity of Contractor(s)' work as it is furnished and performed beyond the
responsibilities specifically assigned to ENGINEER in the Agreement and the Contract
Documents. ENGINEER's review of Contractor(s)' work for the purposes of recommending
payments will not impose on Engineer responsibility to supervise, direct or control such work or for
the means, methods, techniques, sequences, or procedures of construction or safety precautions
UNITED CITY OF YORKVILLE
(Section B — Continued)
or programs incident thereto or Contractor(s) compliance with laws, rules, regulations,
ordinances, codes or orders applicable to their furnishing and performing the work. It will also not
impose responsibility on ENGINEER to make any examination to ascertain how or for what
purposes any Contractor has used the moneys paid on account of the Contract Price, or to
determine that title to any of the work, materials equipment has passed to OWNER free and clear
of any lien, claims, security interests, or encumbrances, or that there may not be other matters at
issue between OWNER and Contractor that might affect the amount that should be paid.
9. The ENGINEER will prepare necessary contract change orders for approval of the OWNER, and others on a
timely basis.
10. The ENGINEER will make a final review prior to the issuance of the!statement of substantial completion of
all construction and submit a written report to the OWNER. Prior to submitting the final pay estimate, the
ENGINEER shall submit the statement of completion to and obtain the written acceptance of the facility
from the OWNER.
11. The ENGINEER will provide the OWNER with one set of reproducible record (as- built) drawings and two
sets of prints at no additional cost to the OWNER. Such drawings will be based upon construction records
provided by the contractor during construction and reviewed by the resident construction observer and
I
from the resident construction observer's construction data.
12. If State Statutes require notices and advertisements of final payment, the ENGINEER shall assist in their
preparation.
13. The ENGINEER will be available to furnish engineering services and consultations necessary to correct
unforeseen project operation difficulties for a period of one year after the date of statement of substantial
completion of the facility. This service will include instruction of the OWNER in initial project operation and
maintenance but will not include supervision of normal operation of the system. Such consultation and
advice shall be at the hourly rates as described in the attached "Standard Schedule of Charges ", dated
January 1, 2006 or as updated on an annual basis. The ENGINEER will assist the OWNER in performing
a review of the project during the 11th month after the date of the certificate of substantial completion.
14. The ENGINEER further agrees to obtain and maintain, at the ENGINEER's expense, such insurance as
will protect the ENGINEER from claims under the Workman's Compensation Act and such
comprehensive general liability insurance as will protect the OWNER and the ENGINEER from all claims
for bodily injury, death, or property damage which may arise from the performance by the ENGINEER or
by the ENGINEER's employees of the ENGINEER's functions and services required under this
Agreement.
UNITED CITY OF YORKVILLE
(Section B — Continued)
15. The ENGINEER will complete the final plans, specifications and contract documents and submit for
approval of the OWNER, and all State regulatory agencies to meet the oroiect schedule(s) as summarized
in "Attachment A: Water Works Svstem Improvements (Southwest Planninq Area) — Proiect Schedule"
dated June 1. 2006.
If the above is not accomplished within the time period specified, this Agreement may be terminated by the
OWNER. The time for completion may be extended by the OWNER for a reasonable time if completion is delayed
due to unforeseeable cases beyond the control and without the fault or negligence of the ENGINEER.
SECTION C — COMPENSATION FOR ENGINEERING SERVICES
1. The OWNER shall compensate the ENGINEER for professional Aesian enaineerino services in the
amount of Four Hundred One Thousand Five Hundred and 00/100 - Fixed Fee (FF) Dollars ($ 401.500
as summarized on Attachment C: "Summary of Compensation for Professional
Engineering Services" dated June 1, 2006.
(a) The compensation for the professional design enaineerina services shall be payable as follows:
o
(1) A sum which does not exceed ninety percent (90%) of the total compensation payable
under Section C -1 shall be paid in monthly increments for work actually completed and
invoiced, for the preparation and submission to the OWNER and /or IEPA of the
construction drawings, specifications, cost estimafes and contract documents.
(2) A sum which, together with the compensation paid pursuant to Section C- 1(a)(1) above,
equals one hundred percent (100 %) of the total compensation due and payable in accord
with Section C -1 above, shall be due immediately after the award of construction
contract(s) is approved by the corporate authorities.
(3) The stated fixed fee value for each project will apply to all projects with a notice to
proceed prior to April 30, 2007. The fee for each project will be increased by 5% per year
for each project that proceeds after April 30, 2007.
2. The OWNER shall compensate the ENGINEER for the administration of the construction contracts
(Construction Administration) in the amount of One Hundred Seventy -Seven Thousand and 00/100 —
Fixed Fee (FF) Dollars ($ 177.000 FF ) as summarized on Attachment C: "Summary of Compensation
for Professional Engineering Services" dated June 1, 2006.
UNITED CITY OF YORKVILLE
(Section C — Continued)
(a) The compensation for the construction administration services shall be payable as follows:
(1) A sum which does not exceed ninety percent (90 %) of the total compensation payable
under Section C -2 shall be paid in monthly increments for work actually completed and
invoiced, for the administration of the construction contracts.
(2) A sum which, together with the compensation paid pursuant to Section C- 2(a)(1) above,
equals one hundred percent (100 %) of the total compensation due and payable in accord
with Section C -2 above, shall be due immediately after the final Contractor pay -out is
processed.
(2) The stated fixed fee value for each project will apply to all projects with a construction
initiation prior to April 30, 2007. The fee for each project will be increased by 5% per year
for each project that proceeds after April 30, 2007.
3. The OWNER shall compensate the ENGINEER for the construction stakina and drafting. construction
observation (including the Resident Construction Observer). and the additional consultation and survevina
services (summarized in Attachment C) on the basis of Hourly Rates - HR as described on the attached
"Standard Schedule of Charges" dated January 1, 2006 or as reevaluated on May 1 of each following
year. The estimated values, based on the current schedule, are included in Attachment C.
(a) The compensation for the construction staking. construction observation ( includina the Resident
Construction Observer). and anv additional consultation and survevina services shall be payable
as follows:
(1) A sum which equals any charges for work actually completed and invoiced shall be paid
at least once per month.
(2) On May 1 of each calendar year, the "Standard Schedule of Charges" may be reevaluate
by the ENGINEER to account for cost of living and /or cost of engineering service changes
in subsequent years.
4. The compensation for any additional engineering services authorized by the OWNER pursuant to
Section D shall be payable as follows:
(a) A sum which equals any charges for work actually completed and invoiced shall be paid at least
once per month.
UNITED CITY OF YORKVILLE
SECTION D — ADDITIONAL ENGINEERING SERVICES
In addition to the foregoing being performed, the following services may be provided UPON PRIOR WRITTEN
AUTHORIZATION OF THE OWNER.
i
1. Site surveys for water treatment plants, sewage treatment works, dams, reservoirs, and other similar
special surveys as may be required.
i
2. Laboratory tests, well tests, borings, specialized geological soils hydraulic, or other studies recommended
by the ENGINEER.
I
3. Property surveys, detailed description of sites, maps, drawings, or estimates related thereto; assistance in
negotiating for land and easement rights.
4. Necessary data and filing maps for litigation, such as condemnation.
5. Redesigns ordered by the OWNER after final plans have been accepted by the OWNER and IEPA.
6. Appearances before courts or boards on matters of litigation or hearings related to the project.
7. Preparation of environmental impact assessments or environmental impact statements.
8. Making drawings from field measurements of existing facilities when required for planning additions or
alterations thereto.
9. Services due to changes in the scope of the Project or its design, including but not limited to, changes in
size, complexity, schedule or character of construction.
10. Revising studies or reports which have previously been approved by the OWNER, or when revisions are
due to cases beyond the control of the ENGINEER.
11. Preparation of design documents for alternate bids where major changes require additional documents.
12. Preparation of detailed renderings, exhibits or scale models for the Project.
13. Providing special analysis of the OWNER's needs such as owning and operating analysis, plan for
operation and maintenance, OWNER's special operating drawings or charts, and any other similar
analysis.
UNITED CITY OF YORKVILLE
(Section D — Continued)
14. The preparation of feasibility studies, appraisals and evaluations, detailed quantity surveys of material and
labor, and material audits or inventories by the OWNER.
15. Additional or extended services during construction made necessary by (1) work damaged by fire or other
cause during construction, (2) defective or incomplete work of the Contractor, and /or (3) the Contractor's
default on the Construction Contract due to delinquency or insolvency.
16. Providing design services relating to future facilities, systems and equipment which are not intended to be
constructed or operated as a part of the Project.
17. Providing other services not otherwise provided for in this Agreement, including services normally
furnished by the OWNER as described in Section F — SPECIAL PROVISIONS — Owner's Responsibilities.
Payment for the services specified in this Section D shall be as agreed in writing between the OWNER and the
ENGINEER prior to commencement of the work. The ENGINEER will render to OWNER for such services an
itemized bill, separate from any other billing, once each month, for compensation for services performed
hereunder during such period, the same to be due and payable by OWNER to the ENGINEER on or before the
10th day of the following period. Payment for services noted in Section D shall be at Actual Cost (AC), Fixed Fee
(FF) or Hourly (HR).
SECTION E - INTEREST ON UNPAID SUMS
OWNER shall make all payments to ENGINEER in accord with the requirements of the Illinois Local Government
Prompt Payment Act, 50 ILCS 505/1 et seq., including but not limited to the penalty provisions contained therein.
SECTION F - SPECIAL PROVISIONS
1. OWNER'S RESPONSIBILITIES
(a) Provide to the ENGINEER all criteria, design and construction standards and full information as to
the OWNER's requirements for the Project.
(b) Designate a person authorized to act as the OWNER's representative. The OWNER or his
representative shall receive and examine documents submitted by the ENGINEER, interpret and
define the OWNER's policies and render decisions and authorizations in writing promptly to
prevent unreasonable delay in the progress of the ENGINEER's services.
UNITED CITY OF YORKVILLE
(Section F — Continued)
(c) Furnish laboratory tests, air and water pollution tests, reports and inspections of samples,
materials or other items required by law or by governmental authorities having jurisdiction over
this Project, or as recommended by the ENGINEER.
(d) Provide legal, accounting, right -of -way acquisition and insurance counseling services necessary
for the Project, legal review of the construction Contract Documents, and such auditing services
as the OWNER may require to account for expenditures of sums paid to the Contractor.
(e) Furnish above services at the OWNER's expense and in such manner that the,ENGINEER may
rely upon them in the performance of his services under this Agreement and in accordance with
the Project timetable.
(f) In the event that the OWNER shall bring any suit, cause of action or counterclaim against the
ENGINEER, to the extent that the ENGINEER shall prevail, the party initiating such action shall
pay to the ENGINEER the cost and expenses incurred to answer and /or defend such action,
including reasonable attorney fees and court costs. In no event shall the ENGINEER indemnify
any other party for the consequences of that party's negligence, including failure to follow the
ENGINEER's recommendations.
(g) Guarantee full and free access for the ENGINEER to enter upon all property required for the
performance of the ENGINEER's services under this Agreement.
(h) Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise
becomes aware of any defect in the Project or other event which may substantially affect the
ENGINEER's performance of services under this Agreement.
(i) Protect and preserve all surrey stakes and markers placed at the project site prior to the
assumption of this responsibility by the Contractor and bear all costs of replacing stakes or
markers damaged or removed during said time interval.
2. All original documents, including but not limited to ideas, designs, drawings and specifications, are to
remain the property of the ENGINEER, however, the ENGINEER shall provide signed duplicate originals
of same to the OWNER. Modifications of any signed duplicate original document not authorized by
ENGINEER will be at OWNER's sole risk and without legal liability to the ENGINEER. Use of any
incomplete, unsigned document will, likewise, be at the OWNER's sole risk and without legal liability to the
ENGINEER.
UNITED CITY OF YORKVILLE
(Section F — Continued)
10. TERMINATION
(a) Should the OWNER decide to abandon, discontinue, or terminate the Project at any stage of
development, the ENGINEER shall receive seven (7) days written notice and be compensated for
their services through the appropriate fee schedule provided for in the Agreement to date of
abandonment, discontinuance or termination.
(b) In the event the project is delayed for causes beyond the control of the ENGINEER for a period of
six months or more, the ENGINEER shall be paid for his services to the beginning of the delay on
the basis of actual cost plus 125% to cover profit, overhead and readiness to serve - "actual cost'
being defined as material costs plus actual payrolls, insurance, social security and retirement
deductions. Traveling and other out -of- pocket expense will be reimbursed to the ENGINEER at
his actual cost.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized
officials, this Agreement in duplicate on the respective dates indicated below.
(SEAL) OWNER: United City of Yorkville
By
ATTEST Print Name Arthur F. Prochaska. Jr.
Print Name Ms. Jackie Milschewski Title Mavor
Title Citv Clerk Date
(SEAL) ENGINEER: Engineering Enterprises, Inc.
B1l V 1 "
1 J
ATTEST, Print Name Jeffrev W. Freeman. P.E.
Print Name Ms. Anaie R. Ford Title Vice President
Title Secretary Date
ATTACHMENT A: WATER WORKS SYSTEM IMPROVEMEN .., (SOUTHWEST PLANNING AREA) - PROJECT SCHEDULE 6 /01/06
United City of Yorkville, Kendall Co., IL
CONTR. 2006 2007 2008
NO. PROJECT(S) WORK ITEMS M J J A S O N D J F M A M J J A S O N D J F M A M J
F.1 Well No. 13 Site Selection /Acquisition
Design
[EPA Plan Review
Bidding and Contracting
Construction
Samplinq and Testinq
F.2 Well No. 13 WTP Site Selection /Acquisition
Design
IEPA Plan Review
Bidding and Contracting
Construction
F.3 Greeen Briar Road Easement Acquisition ' Z"
WM Design
IEPA Plan Review
Bidding and Contracting
Construction
F.4 2.0 MG Elevated Water Site Selection /Acquisition?
Storage Tank (EWST) Design
IEPA Plan Review
Bidding and Contracting
Construction
F.5 Booster Pump/Pressure Site Selection /Acquisition
Reducing Valve Station Design
IEPA Plan Review
Bidding and Contracting
Construction
• GAPublic \Yorkville\2006 \Y00621 Contract F.1 - Well No. 13 \Doc \[Schedule.xls]Contrac1:
LEGEND Notes
Prelim. Eng. /Report Work - Design initiation assumes that the site geometry, proposed topography, and utility
Site Selection /Acquisition connection information is available.
Easement Negotiation - Construction initiation assumes all required easements are received
Design - The schedule assumes power will be available at all of the sites at least one month f4f
Agency Review prior to the WTP being placed on -line.
Bidding and Contracting - The schedule assumes that the connecting water main, storm and /or sanitary sewers
Engineering
Construction will be extended to the site(s) at least one month prior to the WTP and EWST Entarpriisas.
Sampling and Testing being placed on -line. Inc_
UNITED CITY OF YORKVILLE
ATTACHMENT B
i
to
Agreement for Professional Engineering Services
THE LIMITATIONS OF AUTHORITY, DUTIES AND RESPONSIBILITIES OF THE RESIDENT CONSTRUCTION
OBSERVER ARE AS FOLLOWS:
1. The Resident Construction Observer shall act under the direct supervision of the ENGINEER, shall be the
ENGINEER's agent in all matters relating-to on -site construction review of the Contractor's work, shall
communicate only with the ENGINEER and the Contractor (or Contractors), and shall communicate with
subcontractors only through the Contractor or his authorized superintendent. The OWNER shall
communicate with the Resident Construction Observer only through�the ENGINEER.
2. The Resident Construction Observer shall review and inspect on -site construction activities of the
Contractor relating to portions of the Project designed and specified by the Engineer as contained in the
Construction Contract Documents.
I
3. Specifically omitted from the Resident Construction Observer's duties are any review of the Contractor's
safety precautions, or the means, methods, sequences, or procedures required for the Contractor to
perform the work but not relating to the final or completed Project. Omitted design or review services
include but are not limited to shoring, scaffolding, underpinning, temporary retainment of excavations and
any erection methods and temporary bracing.
4. The specific duties and responsibilities of the Resident Construction Observer are enumerated as follows:
(a) Schedules: Review the progress schedule, schedule of Shop Drawing submissions and schedule
of values prepared by Contractor and consult with ENGINEER concerning their acceptability.
(b) Conferences: Attend preconstruction conferences. Arrange a schedule of progress meetings and
other job conferences as required in consultation with ENGINEER and notify those expected to
attend in advance. Attend meetings and maintain and circulate copies of minutes thereof.
(c) Liason:
(1) Serve as ENGINEER's liaison with Contractor, working principally through Contractor's
superintendent and assist him in understanding the intent of the Contract Documents.
1
UNITED CITY OF YORKVILLE
(Attachment B — Continued)
(2) Assist ENGINEER in serving as OWNER's liaison with Contractor when Contractor's
operations affect OWNER's on -site operations.
(3) As requested by ENGINEER, assist in obtaining from OWNER additional details or
information, when required at the job site for proper erection of the work.
(d) Shop Drawings and Samples:
(1) Receive and record date of receipt of Shop Drawings and samples.
(2) Receive samples that are furnished at the site by Contractor, and notify ENGINEER of
their availability for examination.
(3) Advise ENGINEER and Contractor or its superintendent immediately of the
commencement of any work requiring a Shop Drawing or sample submission if the
submission has not been approved by ENGINEER.
(e) Review of Work, Rejection of Defective Work, Inspections and Tests:
(1) Conduct on -site inspection of the work in progress to assist ENGINEER in determining if
the work is proceeding in accordance with the Contract Documents and that completed
work will conform to the Contract Documents. "
(2) Report to ENGINEER whenever he believes that any work is unsatisfactory, faulty or
defective or does not conform to the Contract Documents, or does not meet the
requirements of any inspections, test or approval required to be made or has been
damaged prior to final payment; and advise ENGINEER when he believes work should be
corrected or rejected or should be uncovered for inspection, or requires special testing,
inspection or approval.
(3) Verify that tests, equipment and systems start-ups, and operating and maintenance
instructions are conducted as required by the Contract Documents and in presence of the
required personnel, and that Contractor maintains adequate records thereof; observe,
record and report to ENGINEER appropriate details relative to the test procedures and
start-ups.
2
UNITED CITY OF YORKVILLE
(Attachment B — Continued)
(4) Accompany visiting inspectors representing public or other agencies having jurisdiction
over the Project, record the outcome of these inspections and report to ENGINEER.
(f) Interpretation of Contract Documents: Transmit to Contractor ENGINEER's clarifications and
interpretations of the Contract Documents.
(g) Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or
Specifications and report them with recommendations to ENGINEER.
(h) Records:
(1) Maintain at the job site orderly files for correspondence, reports of job conferences, Shop
Drawings and samples submissions, reproductions of original Contract Documents
including all addenda, change orders, field orders, additional drawings issued subsequent
to the execution of the Contract, ENGINEER's clarifications and interpretations of the
Contract Documents, progress reports, and other Project related documents.
(2) Keep a diary or log book, recording hours on the job site, weather conditions, data relative
to questions of extras or deductions, list of visiting officials and representatives of
manufacturers, fabricators, suppliers and distributors, daily activities, decisions,
observations in general and specific observations in more detail as in the case of
observing test procedures. Send copies to ENGINEER.
(3) Record names, addresses and telephone numbers of all Contractors, subcontractors and
major suppliers of materials and equipment.
(i) Reports:
(1) Furnish ENGINEER periodic reports as required of progress of the work and Contractor's
compliance with the approved progress schedule and schedule of Shop Drawing
submissions.
(2) Consult with ENGINEER in advance of schedule major tests, inspections or start of
important phases of the work.
(3) Report immediately to ENGINEER upon the occurrence of any accident.
3
UNITED CITY OF YORKVILLE
(Attachment B — Continued)
Q) Payment Requisitions: Review applications for payment with Contractor for compliance with the
established procedure for their submission and forward them with recommendations to
ENGINEER, noting particularly their relation to the schedule of values, work completed and
materials and equipment delivered at the site but not incorporated in the work.
(k) Certificates, Maintenance and Operating Manuals: During the course of the work, verify that
certificates, maintenance and operation manuals and other data required to be assembled and
furnished by Contractor are applicable to the items actually installed; and deliver this material to
ENGINEER for his review and forwarding to OWNER prior to final acceptance of the work.
(1) Completion:
(1) Before ENGINEER issues a Statement of Substantial Completion, submit to Contractor a
list of observed items requiring completion or correction.
(2) Conduct final review in the company of ENGINEER, OWNER and Contractor and prepare
a final list of items to be completed or corrected.
(3) Verify that all items on final list have been completed or corrected and make
recommendations to ENGINEER concerning acceptance.
I
GAPublic \Yorkville\2006 \Y00621 Contract F.1 -Well No. 13 \Doc \agreement.doc
4
ATTACHMENT C: SUMMARY OF COMPENSATION FOR PROFESSIONAL ENGINEERING SERVICES 6/1/06
S.W. INFRASTRUCTURE IMPROVEMENTS
City of Yorkville, Kendall Co., IL
DESIGN AND CONSTRUCTION ENGINEERING
CONSTRUCTION CONSTRUCTION STAKING
DESIGN ENGINEERING ADMINISTR. AND OBSERVATION
(Contract = FF) (Contract = FF) (Contract = HR)
Estimated Total % Of Constr. Constr. Constr. Total % Of
Constr. Design Constr. Administration Staking & Drafting Observ. Constr. Constr.
Contract Project Costs Expenses Cost Expenses Expenses Expenses Expenses Cost
F.1 Well No. 13 $704,000 $40,000 5.7% $30,000 $2,000 $30,000 $62,000 8.8%
F.2 Well No. 13 Water Treatment Plant $2,893,880 $190,000 6.6% ( $70,000 $15,000 $90,000 $175,000 6.0%
F.3 Offsite Water Main $330,300 $26,500 8.0% I $8,000 $6,000 $9,000 $23,000 7.0%
F.4 2.0 MG EWST $3,564,000 $105,000 2.9% I $53 $10,500 $53,000 $116,500 3.3%
F.5 BP /PRV Station $500,500 $40,000 8.0% I $16,000 $5,000 $14,000 $35,000 7.0%
TOTAL: $7,992,680 $401,500 ' 5.0% $177,000 $38,500 $196,000 $411,500 5.1%
GAPublic \Yorkville\2006\YO0621 Contract F.1 - Well No. 13 \Doclfee inventory.xls]Summary
ADDITIONAL CONSULTATION, SURVEYING, AND TESTING SERVICES
Estimated Contract CONTRACT DESIGNATIONS
Service Costs Type HR = Hourly Rate With Estimated Fee
Floodplain and/or Wetland Permitting $25,000 HR FF = Fixed Fee
Easements and Legal Surveying $10,000 HR AC = Actual Cost
Subsurface Soils Investigation & Material Testinq� $35,000 AC
TOTAL ENGINEERING CONSULTATION: $70,000 -
Notes:
Subsurface soils investigation and material testing costs are estimated; Work to be completed by another company with EEI coordination
ENGINEERING ENTERPRISES, INC.
SUGAR GROVE, IL
Personnel, Positions & Classifications
James K. Michels, P.E. E -3 Yifang Lu, P.E P -5 Gregory A. Chambers T -5
Chief Executive Officer Senior Project Engineer Senior Project Technician ( Field)
Peter G. Wallers, P.E. E -3 Stephan W. Grabowski P -5 Steven Gozner, III T -5
President Senior Transportation Planner Senior Project Technician (CAD)
David R. Burroughs, P.E. E -3 David A. Kamano, P.E. P -5 Robert C. Watts T -5
Senior Vice President Senior Project Engineer Senior Project Technician ( Field)
Bradley P. Sanderson, P.E. E -2 Scot H. Prindiville, P.E. P -5 David S. Stewart T -5
Vice President Senior Project Engineer Senior Project Technician ( Field)
Jeffrey W. Freeman, P.E. E -2 Julie A. Morrison, P.E. P -5 John W. Lussow T -5
Vice President Senior Project Engineer Senior Project Technician ( Field)
Ronald G. Naylor, P.E. E -2 Jason M. Bauer, P.E. P -5 Lenard E. Lynn T -5
Senior Project Manager Senior Project Engineer Senior Project Technician ( Field)
John T. Whitehouse, P.E., P.L.S. E -2 Michele L. Piotrowski, P.E. P -5 Robert B. Seliga T -5
Senior Project Manager Senior Project Engineer Senior Project Technician (CAD)
William E. Dunn, P.E. E -2 Terry M. Heitkamp, P.E. P -5 William C. Pierson T -4
Senior Project Manager Senior Project Engineer Project Technician (CAD)
Thomas W. Talsma E -2 Rebecca L. Nelson, P.E. P -5 C. Larry Nolan T-4
Senior Project Manager Senior Project Engineer Project Technician (CAD)
Timothy P. Farrell, P.E. E -1 Todd A. Wells, P.E. P -5 Kristopher K. Pung T-4
Project Manager Senior Project Engineer Project Technician (CAD)
Timothy N. Paulson, P.E. E -1 Christopher E. Peterson, S.I. P-4 Bradford A. Smith T -4
Project Manager Project Surveyor Project Technician (CAD)
Kevin S. Bomstad, P.E. E -1 Timothy V. Weidner, E.I. P -4 Ryan M. Christoffel T -3
Project Manager Project Engineer Senior Technician (Field)
Robert G. Walker, P.E. E -1 Nathaniel J. Koehneke, E.I. P -4 Joshua M. Boatman T -3
Project Manager Project Engineer Senior Technician (Field)
Edward J. McCall, P.E. E -1 Stephen T. Dennison, E.I. P-4 Matthew R. Blackburn T -3
Project Manager Project Engineer Senior Technician (Field)
Mark G. Schaller, P.L.S. E -1 Amy L. Sellner, E.I. P-4 Angela R. Ford A -3
Project Manager Project Engineer Administrative Assistant
Scott A. Swanson E -1 Walter D. Chornomaz, E.I. P-4 Denise M. Thelander A -3
Computer Aided Drafting & Project Engineer Accounting Assistant
Information Systems Manager
Steven J. Vassos, E.I. P-4 Nicole M. Morris A -3
Denise M. Migliorml E -1 Project Engineer Accounting Assistant
Treasurer & Vice President
Sean W. Mikos, E.I. P-4 Angela D. McCoy A -3
Edward S. Wedeking E -1 Project Engineer Accounting Assistant
Chief Financial Officer
Thomas J. Green, P.E. P-4 Rebecca A. Kidd A -3
Mark C. Weber, P.L.S. P -5 Project Engineer Administrative Assistant
Senior Project Surveyor
Jerri K. Ziegler P-4 Stacy L. Nilsen A -3
George R. Burgess, P.L.S. P -5 Marketing Director of Office ManagerlHampshire
Senior Project Surveyor Technical Services
Andrew R. Deitchman, P.E. P -5 Bobbi M. Erdmann P-4 LEGEND:
Senior Project Engineer Marketing Director of P.E. = Professional Engineer
Business Services P.L.S. = Professional Land Surveyor
Jason P. Nemeth, P.E. P -5 E.I. = Surveyo Intern
Senior Project Engineer Adam J. R. Richards P -3 E = Executive
P = Professional
Senior Engineer T = Technical
A = Administrative
5/8/06
52 Wheeler Road • Sugar Grove, IL 60554
TEL: 630 / 466 -9350
I
STANDARD SCHEDULE OF CHARGES Fax: 630 / 466 -9380
www.eelweb.com
January 1, 2006
Engineering
Enterprises,
Inc.
EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE
Principal Engineer E -3 $144.00
Senior Project Manager E -2 $132.00
Project Manager E -1 $120.00
Senior Project Engineer /Surveyor P -5 $108.00
Project Engineer /Surveyor P -4 $ 99.00
Senior Engineer /Surveyor P -3 $ 90.00
Engineer /Surveyor P -2 $ 81.00
Associate Engineer /Surveyor P -1 $ 72.00
Senior Project Technician T -5 $ 99.00
Project Technician T -4 $ 90.00
Senior Technician T -3 $ 81.00
Technician T -2 $ 72.00
Associate Technician T -1 $ 63.00
Secretary A -3 $ 72.00
CREW RATES, VEHICLES AND REPROGRAPHICS
1 Man Field Crew with Standard Survey Equipment $120.00
2 Man Field Crew with Standard Survey Equipment $183.00
1 Man Field Crew with RTS or GPS * $150.00
2 Man Field Crew with RTS or GPS * $213.00
Vehicle for Construction Observation $ 12.00
In -House Scanning and Reproduction
0.25 /Sq. Ft. Black & White)
1.00 /Sq. Ft. (Co
*RTS = Robotic Total Station / GPS = Global Positioning System
G: \EEISDo cslFermsiGerieral\SSC -S:d Schedule of ChargeskSTADS01 OG.DO(:
Consulting Engineers Specializing in Civil Engineering and Land Surveying