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HomeMy WebLinkAboutResolutions - R-90-8 - 04/04/1990 - IDOT MFTIllinois Department Resolution for Improvement by Municipality Construction of Transportation Under the Illinois Highway Code BE IT RESOLVED, by the Mayor and Council Council or President and Board of Trustees of the City of McHenry ,Illinois City. Town or Village .�_..�_ .n...:_...L,.. ,rik-.4 e+reot•lal ha imnrnvpd under the Illinois Highway Code: tnat Life follownly ucsa.i iU, W v......................---- Name of Thoroughfare Parking Lot west of Riverside Drive Route --•--- ---- — From Elm Street (IL Route 120) To Pearl Street BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of Excavation-, construction of stone retaining wall, concrete gutter,and curb and gutter; installation of aggregate base course and bituminous surface course installation of an area lj,gh ing G,G m; painting of pnvempnt parking 1inp and symbols; and such other work as necessary and be designated as Section and shall be constructed 90-00046-00-PK feet wide 2. That there is hereby appropriated the (additional) sum of One hundred twenty five thousand and 00/ 100 Dollars ($ 125, 000.00 ) for the improvement of said section from tfie municipality's allotment of Motor Fuel Tax funds. 3. That work shall be done by Contract (Specify Contract or Day Labor) ; and, BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation. APPROVED 19 Department of Transportation District Engineer MU Barbara E. Gilpin, City Clerk Mrs. in and for the City of McHenry Icily, Town or Village) County of McHenry ,hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Mayor and City Council (Council or President and Board of Trustees) at a meeting on (Council or President and Board of Trustees) Aarii 4 , 19.9 L. IN TESTIMONY WHMEOF, I have hereunto set my hand and seal this 5t[ - day of D.19M 7...�— CITY OF McHENRY, ILLINOIS RIVERSIDE DRIVE PARKING LOT IMPROVEMENTS SECTION 90-00046-00-PK ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made this 4th day of April , 1990, by and between the City of McHenry, Illinois, hereinafter referred to as the CITY, and Baxter & Woodman, Inc., Environmental Engineers, an Illinois Business Corporation, hereinafter referred to as the ENGI- NEERS, for engineering services required by the CITY for the design of the Riverside Drive Parking Lot Improvements, designated as Section 90-00046-00-PK, ENGINEER'S Project No. 90161, and further described in Exhibit A, hereinafter referred to as the PROJECT. Motor Fuel Tax Funds, allotted to the CITY by the State of Illinois under the general supervision of the Department of Transportation, Division of Highways, hereinafter referred to as IDOT, will be used entirely or in part to finance engineering services as described below. WITNESSETH that, in consideration of the covenants herein, these parties agree as follows: SECTION 1. After written authorization by the CITY, the ENGI- NEERS shall provide professional services for the PROJECT. These services will include serving as the CITY's professional engineering representative in all phases of the PROJECT, providing professional engineering consultation and advice, and furnishing customary civil, structural, and electrical services, enumerated as follows: 1.1 Confer with the CITY's Director of Public Works from time to time, to clarify and define the general scope, extent and charac- ter of the PROJECT, to review available data, and to review prelimi- nary and final design documents prior to submittal to IDOT. 1.2 Employ a geotechnical subconsultant to make soil borings and laboratory tests to determine existing pavement and subgrade materials, thicknesses and structural conditions for ENGINEERS' evaluation and pavement design. 1.3 Prepare Construction Contract Documents consisting of Drawings, Specifications, Contract Forms and Conditions, and Bidding Requirements. 1.4 Submit Construction Contract Documents to the CITY for their approval and approval of its legal counsel, if necessary and where appropriate. 1.5 Prepare an opinion of probable construction cost based on the Construction Contract Documents approved by the City and submit five (5) copies of the Construction Contract Documents and Opinion of Cost to IDOT and obtain their approval. - 1 - 1.6 Assist the CITY in solicitation of construction bids from as many qualified bidders as possible, attend the bid opening and tabulate bid proposals, make an analysis of the bids, and submit recommendations for the award of construction contract. 1.7 Prepare Agreement and Bond Forms, send to Contractor for execution, to City for approval and execution, and submit to IDOT for approval. SECTION 2. The CITY shall compensate the ENGINEERS for the pro- fessional services enumerated in Section 1 hereof as follows: 2.1 The ENGINEERS shall be paid for their services on the basis of the following hourly rates of compensation for actual work time performed: Principal $70 to $90 per hour Senior Engineer $60 to $70 per hour Engineer $40 to $60 per hour Engineer Technician $20 to $40 per hour 2.2 The ENGINEERS shall be reimbursed for automobile travel expense at $0.30 per mile plus any out-of-pocket expenses at actual cost. 2.3 The ENGINEERS shall be reimbursed for the geotechnical subconsultant services described in Subsection 1.2 at the actual cost plus a five percent (5%) service charge. 2.4 The ENGINEERS' total fee for services listed under Sec- tion 1.1 through 1.7 shall not exceed $11,000. SECTION 3. The parties hereto further mutually agree: 3.1 The CITY shall obtain from others and furnish to the ENGINEERS complete legal descriptions and plats of surveys for the PROJECT which shall include, but not be limited to, location and staking of all necessary property lines and corners, public rights - of -way and secured easements, and zoning and deed restrictions. 3.2 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 ex- cess of the amounts stated in Section 2 herein, the ENGINEERS shall immediately notify the CITY of such anticipated increase so that if approved by the CITY, the compensation for engineering services shall be adjusted by amendment to this Agreement; however, if the ENGINEERS fail to so notify the CITY of the anticipated increase of engineering costs, the ENGINEERS waive any claim for extra compensation after the services have been performed. - 2 - 3.3 The ENGINEERS may submit requests for periodic progress payments for services rendered. Payments shall be due and owing within 45 consecutive calendar days from the date of the ENGINEERS' invoice for services. Past due payments owed to the ENGINEERS shall include an additional late payment charge computed at an annual rate of twelve percent (12%) from date of the ENGINEERS' invoice; and the ENGINEERS may, after giving seven (7) days' written notice to the CITY, suspend services under this Agreement until the ENGINEERS have been paid in full all amounts due for services, expenses, and late payment charges. 3.4 This Agreement may be terminated, in whole or in part, by either party if the other party substantially fails to fulfill its obligations under this Agreement through no fault of the terminating party; or the CITY may terminate this Agreement, in whole or in part, for its convenience. However, no such termination may be effected unless the terminating party gives the other party (1) not less than ten (10) calendar days written notice by certified mail of intent to terminate, and (2) an opportunity for a meeting with the terminating party before termination. If this Agreement is terminated by either party for default, the ENGINEERS shall be paid for services performed to the effective date of termination, including reimbursable expenses. If this Agreement is terminated by the CITY for conveni- ence, the ENGINEERS shall be paid for services performed to the effective date of termination, including reimbursable expenses plus ten percent (10%) of the total compensation earned to the effective date of termination as extra compensation for the ENGINEERS' rescheduling adjustment, reassignment of personnel, and related costs incurred due to termination. If, after termination by the CITY for failure of the ENGINEERS to fulfill obligations under this Agreement, it is determined that the ENGINEERS had not so failed, the termina- tion shall be deemed to have been effected for the convenience of the CITY, and the ENGINEERS shall be paid accordingly. In the event of contract termination, the CITY shall receive reproducible copies of Drawings, Specifications and other documents completed by the ENGI- NEERS. 3.5 The ENGINEERS agree to hold harmless, indemnify and defend the CITY and each of its officers, agents and employees from any and all liability claims, losses, or damages arising out of or alleged to arise from negligence in the performance of the services under this Agreement, but not including liability that may be due to the sole negligence of the CITY or other consultants, contractors or subcontractors working for the CITY, or their officers, agents and employees. The CITY agrees that, to the fullest extent permitted by law, the ENGINEERS' total liability for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to the PROJECT or this Agreement from any cause or causes including but not limited to the ENGINEERS' negligence, errors, omis- sions, strict liability, breach of contract, or breach of warranty shall not exceed one million dollars. A certificate of insurance will be filed with the CITY, but the obligation of the ENGINEERS shall not be dependent on insurance coverage. - 3 - The CITY acknowledges that the ENGINEER is an Illinois Business Corporation and not a Professional Service Corporation, and further acknowledges that the corporate entity, as the party to this contract, expressly avoids contracting for individual responsibility of its officers, directors, or employees. The CITY and ENGINEERS agree that any claim made by either party arising out of any act of the other party, or any offi- cer, director, or employee of the other party in the execution or performance of the Agreement, shall be made solely against the other party and not individually or jointly against such officer, director, or employees. 3.6 The ENGINEERS are responsible for the quality, technical accuracy, timely completion, and coordination of all Designs, Draw- ings, Specifications, Reports, and other professional services fur- nished or required under this Agreement, and shall endeavor to per- form such services with the same skill and judgement which can be reasonably expected from similarly situated professionals. 3.7 The CITY may, at any time, by written order, make changes within the general scope of this Agreement in the services to be per- formed by the ENGINEERS. If such changes cause an increase or decrease in the ENGINEERS' fee or time required for performance of any services under this Agreement, whether or not changed by any order, an equitable adjustment shall be made and this agreement shall be modified in writing accordingly. No service for which an addi- tional compensation will be charged by the ENGINEERS shall be fur- nished without the written authorization of the CITY. 3.8 All documents furnished to the CITY under this Agreement are instruments of service of the ENGINEERS. They are not intended or represented to be suitable for use by the CITY or others on addi- tions to the PROJECT or on any other project. Any reuse without written permission and verification or adaptation by the ENGINEERS for the specific purpose intended will be at the CITY's sole risk, without liability or legal exposure to the ENGINEERS for such reuse of the ENGINEERS' instruments of service by the CITY or by any others acting through the CITY. 3.9 Any provision or part thereof of this Agreement held to be void or unenforceable under any law shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the parties. The parties agree that this Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. 3.10 The ENGINEERS shall complete the engineering services described in Subsections 1.1 though 1.7 within 120 consecutive calendar days from the date of the CITY's authorization to proceed with the PROJECT. - 4 - 3.11 The ENGINEERS warrant that they have not employed or retained any company or person, other than a bona fide employee work- ing solely for the ENGINEERS, to solicit or secure this Agreement, and that they have not paid or agreed to pay any company or person, other than a bona fide employee working solely for the ENGINEERS, any fee, commission, percentage, brokerage fee, gifts, or any other con- sideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, per- centage brokerage fee, gift, or contingent fee. 3.12 The ENGINEERS certify that they have not been barred from signing this Agreement as a result of a violation of Sections 33E-3 and 33E-4 of the Criminal Code of 1961 (Chapter 38 of the Illinois Revised Statutes). IN WITNESS WHEREOF the parties hereto have caused the execution of this Agreement by their duly authorized officers as of the day and year first above written. CITY OF McHENRY, ILLINOIS ( SEAL) ATTEST: City erk BAXTER & WOODMAN, INC. (SEAL) hairman CEO ATTEST: Secretary - 5 - 0425C EXHIBIT A PROJECT DESCRIPTION Location Area west of businesses on the west side of Riverside Drive from Elm Street (Illinois Route 120) to Pearl Street. Length: 400+ feet Description of work: Excavation; construction of stone retaining wall, concrete gutter, and curb and gutter; installation of aggregate base course and bituminous surface course; installation of an area lighting system; painting of pavement parking lines and symbols; and such other work as necessary. Design shall conform to the concepts presented in the Preliminary Report by Baxter & Woodman, Inc. dated January 31, 1990, and identified as Alternate B. 0425C