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HomeMy WebLinkAboutPacket - 05/12/2011 - Parks and Recreation Committee PILE
AGENDA
PARKS & RECREATION COMMITTEE MEETING
THURSDAY, MAY 12, 2011
7:00 PM
ALDERMAN'S CONFERENCE ROOM
1. Public Input
2. Fort McHenry Renovation - OSLAD Grant Status
3. Review McHenry Zone Skate Park Price Quotations
4. Discussion on Dog Park Locations
5. Lakeland Park Boat Launch - Grant Proposals
6. Reports to Committee
a. PARC Grant Status
b. Gazebo Roof Renovation
c. McCullom Lake Herbicide Treatment
7. New Business
Next Meeting: September 7, 2011
AGENDA ITEM #2
Fort McHenry Renovation - OSLAD Grant Status
The Parks and Recreation Committee recommendation at the January 12, 2011
meeting was to submit an IDNR OSLAD Grant for the complete replacement of the
Fort McHenry Playground. Staff is prepared to work with Leathers' & Associates
to complete this grant application and submit the grant document by the July 1,
2011 deadline.
The OSLAD (Open Space, Land Acquisition and Development) grant in aid program
will provide a 50% match up to $750,000 for land acquisition and $400,000 for
development/renovation projects.
Last week staff was informed that all funds for the 2011 (current state budget
year) OSLAD program were transferred out by the Governor's office. This fund
sweep of over $30 million in IDNR Grant monies has wiped out the grant program
for this year. All communities and agencies that submitted grants on July 1, 2010
will not be funded. The status of the upcoming 2011 program is in doubt. A phone
conversation with IDNR Grant staff on May 4 indicates the 2011 program is in
jeopardy of not being funded.
If we do not submit a grant for this next funding cycle we will have to consider one
of the other options submitted by Leather's and Associates for renovation and
upgrades to this facility.
AGENDA ITEM #3
McHenry Zone Skate Park Price Quotations
At the March 9, 2011 Parks and Recreation Committee meeting staff was directed
to solicit price quotations for Skate Park renovations. A plan submitted and
presented to the committee from American Ramp Company (ARC4278) was to be
used as the specifications for this project.
Specifications and a price quotation form were sent to two qualified firms with a
response deadline of May 2. Price quotations and required submissions were
received from American Ramp Company, Joplin, MO and Spohn Ranch Skate Parks,
Industry, CA. These quotes include purchase, shipping and installation.
Price quotations are as follows:
Spohn Ranch $214,570.09
American Ramp Company $164,720.00
*American Ramp Company $198,880.00
*Alternate - substitute solid poly core substrate for marine grade plywood and
patented Uni-form coping system.
Both submittals meet the minimum specifications. The lowest qualified price
quotation is from American Ramp Company at $164,720.00. The alternate price
quote submitted is next lowest that includes two upgrades that would be standard
equipment on the Stealth Series of this manufacturer.
Previous estimates on ARC4278 plan were $198,301.16 that was submitted at the
3/9/11 meeting. Staff estimated the final costs would be in the $160-$180,000
range based on competitive pricing. The American Ramp Company base price
quotation of $163,720.00 falls in this range.
A preliminary cost estimate has been received for the removal of the existing
wood ramps. Additional estimates will be solicited from local salvage firms. This
cost should be less than $9,000.
Staff would recommend the purchase of replacement equipment from American
Ramp Company in the amount of $164,720.00.
A second recommendation would be to remove the existing wood ramp section as
soon as possible. These ramps are in a condition that makes it difficult for staff
to keep up with necessary repairs.
Attachments:
Price Quotation Forms - American Ramp Company
Spohn Range Skate Parks
Project Specifications
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Prepared By: Spohn Ranch Skateparks
spahn ranch
Prepared For: City of McHenry, Illinois
Bid Due Date: Monday, May 2nd, 2011
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SUBMISSIONS
Vendors must submit the following with the price quotation form
Checklist
ASTM Compliant
p iant—
equipment and design must meet all ASTM standards.
Must be voting member of ASTM standards committee.
Product Liabilityhave—must e minimum $10 million of product liability insurance.
Professional Liability—must have $1 million minimum of professional liability
Insurance in effect.
Warranty Information—provide p warranty information on the following:
• Skatelite Pro Surface—5 Year Warranty
• Wood — 10 Year Warranty
• Polyethylene— 10 Year Warranty
• Steel— 10 Year Warranty
• Workmanship and Installation— 1 Year
• / • Concrete— 15 Year Warranty
Must be approved vendor of Skate Park Association USA
Plans and Product Specifications
Scaled plans arid detailed product specifications
*** SUBMIT THIS FORM WITH QUOTATION FORM ***
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ATION CONTAINED IN THIS DOCUMENT MAY BE CONSIDERED PROPRIETARY AND IS THE PROPERTY OF SPOHN RANCH,INC.THIS INFORMATION SHOULD NOT BE COPIIzD.SHARED,OR REDISTRIBUTED WITHOUT THE EXPRESSED WRITTEN CONSENT OF SPOHN RANCH INC.O2011 _
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City of McHenry
McHenry Zone Skate Park Renovation
2011
` PRICE QUOTATION FORM
Price Quotation to include the manufacturing, delivery and installation of
Skate Park ramps and equipment as illustrated and submitted. City of
McHenry is tax exempt and local Illinois prevailing wage law applies.
Upon final approval by the City Council, the City will contract with the successful
vendor for the purchase, delivery and installation of the new-equipment.
t The existing equipment will be removed by others.
1 �
Company Name: y 4VI..4&*_ ,
Address:
City: cc 0 �v�Ckt.tS State: CIA- Zip Code: l"1S—
Phone: Email:_ f--��'S�"-Q•h�,s{7O�.tntr'L�•tG� C�wti
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Company Representative:
(Print
Signature:
City of-McHenry
I Department of Parks & Recreation
333 S. Green Street / McHenry, IL 60050
(815) 363-2160
Email: Pmerkel ci. -nchenry it us
Tschmidt ci.mchenrv.il.us
tooko ranch.
w Trueffide. IFI-37 ,H31-M
MCHENRY, ILLINOIS
SKATEPARK PROPOSAL.- 10-2025-IN-5TR
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Item # Skate Element Height Width Length
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10-2025-IN-5TR
1 Quarter Pipe 8' 4' 15.9'
2 Quarter Pipe 8' 4' 15.9'
3 Quarter Pipe 6' 4' 16'
4 Quarter Pipe 6' 4' 16'
5 Bank Ramp (Flat) 2' 4' 6'
6 Bank Ramp (Flat) 2' 3' 6'
7 Quarter Pipe 6' 4' 16'
8 Quarter Pipe 6' 4' 16'
9 Quarter Pipe Hip 6' 12' 12'
10 Quarter Pipe 6' 4' 8'
11 Quarter Pipe 6' 4' 8'
12 Quarter Pipe 5' 4' 81
13 Quarter Pipe 5' 4' 81
14 Quarter Pipe 5' 4' 8'
15 Quarter Pipe 5' 4' 81
16 Street Spine 4' 4' 15'
17 Street Spine 4' 4' 15'
18 Jump Box 4' 4' 27'
19 Jump Box 4' 4' 27'
20 Kinked Grind Rail (Square) 9"-16" 3" 20'
21 Quarter Pipe 6' 4' 1 T
22 Quarter Pipe 6' 4' 12'
23 Quarter Pipe Hip 6' 12' 12'
24 Quarter Pipe 6' 4' 81
25 Quarter Pipe 6' 4' 12'
phone 877-489-3539—fax 626-330-5503—vwvw.spohnranch.com—info@spohnranch.com
Page 1 of 5 15131 B Clark Ave.City of industry, CA 91745
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26 Bowled Corner 6,
27 Quarter Pipe' 6' 4�12' 12'
28 Quarter Pipe 6' 4� 12'
29 Raked Quarter Pipe 12'
30 Raked Quarter Pipe 5-6 4' 12'
31 Quarter Pipe 4'-5' 4' 12'
32 Quarter Pipe 4' 41 41 12'12'
33 Bank Ramp (Flat) 4'
34 Bank Ramp (Flat) 41 4' 11'
11'35 Bank Ramp 4' 4'41
36 Bank Ramp 4,
4' 13'
37 Bank Ramp 4' 13'
38 Pyramid Section (Wedge) 4' 41 2' 6 9'
39 Hubba Ledge 18'
40 Wedge, Flat, Wedge IT 1.5' 24.5'
41 Wedge, Flat, Wedge ' 4'2, 18'
4' 18'
42 Double Kink Grind Rail (Round) 1.5
2°
43 Quarter Pipe 18.9'
5' 4' 12'
44 Quarter Pipe 5' 4'
45 Quarter Pipe 5' 4� 12
46 Half Pipe 12'
47 Half Pipe 4' 4' 30'
48 Half Pipe 4' 41 30'
4' 4' 30'
49 Curved Grind Rail 1,
2" 18'
50 Curved Grind Ledge (Concrete) 2f
51 Grind Box (Concrete) 1.5' 6'
g�� 4,
52 Grind Box (Concrete) 6'
53 Curved Grind Ledge (Concrete) 2'f 1.5' 8'
54 Grind Box (Concrete) 1' S1 81
'
8'
5 LA High Bank
56 China Banks 31 3•5� 10'
8.5' 4.5'
TOTAL SKATE ELEMENTS
INSTALLATION, INCLUDING PREVAILING WAGE $151,725.57
SHIPPING $44,480.00
$9,520.00
GRAND TOTAL
$214,570.09
phone 877-489-3539—fax 626-330-5503—www.spohnranch.com—info@spohnranch.com
Page 2 of 5 15131 B Clark Ave.City of industry,CA 91745
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PROPOSAL FOR:
McHenry Spate Zone
CITY OF McHENRY, IL
Rmerican
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SUBMISSIONS
Vendors must submit the following with the price quotation form
Checklist
X ASTM Compliant—equipment and design must meet all ASTM standards.
Must be voting member of ASTM standards committee.
X Product Liability—must have minimum $10 million of product liability insurance.
X Professional Liability— must have $1 million minimum of professional liability
Insurance in effect.
-x Warranty Information—provide warranty information on the following:
• Skatelite Pro Surface—5 Year Warranty
• Wood—10 Year Warranty
• Polyethylene— 10 Year Warranty
• Steel — 10 Year Warranty
• Workmanship and Installation—1 Year
• Concrete—15 Year Warranty
X Must be approved vendor of Skate Park Association, USA
X Plans and Product Specifications
Scaled plans and detailed product specifications
*** SUBMIT THIS FORM WITH QUOTATION FORM ***
City of McHenry
McHenry Zone Skate Park Renovation
2011
PRICE QUOTATION FORM
Price Quotation to include the manufacturing, delivery and installation of.
Skate Park ramps and equipment as illustrated and submitted. City of
McHenry is tax exempt and local Illinois prevailing wage law applies. Bid Spec $ 164, 72 0 . 0.0
*similar to True Ride Build
Full Stealth $198 , 880 . 00
Upon final approval by the City Council,the City will contract with the successful
vendor for the purchase, delivery and installation of the new equipment.
The existing equipment will be removed by others.
Company Name: American Ramp Company
Address: 601 McKinley Ave . *
City: Joplin State: MO Zip Code: 64801
Phone: (411 2 0 6-6 816 Email: john@americaiirampcompany. com
Company Representative: John Hunter, Sales Manager
(Print)
Signature:
City of McHenry
Department of Parks & Recreation
333 S. Green Street/ McHenry, IL 60050
(815) 363-2160
Email: Pmerkelgci.mchenry it us
Tschmidt(@ci.mchenry.il.us
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WWW.AMERICANRAMPCOMPANY.COM
601 McKinley
Joplin,MO 64801
Tel:(417)206-6816
Toll Free:(800)949-2024
Fax:(417)206-6888
100' salesna.americanrampcompany com
$� $' 6 6' 11 DRAWN BY Chuck Dodge
8' 8' 5 6' 10 33 4' 46 4' DATE 2/10111
34 141
4' THIS DRAWING MACONTAIN
PROPRIETARY INFORMATION
4' 4' 4' BELONGING TO AMERICAN RAMP
COMPANY AND SHOULD NOT BE
OOO®O® O R REDISTRIBUTED
WIITTHOUTPIED OEXPRESS WRITTEN
PERMISSION FROM AMERICAN
3©36 3© 49 RAMP COMPANY
1' REP.AGENCY
1© 13 American Ramp Company
REP.NAME
4' 4' John Hunter
41 4, 40 41 5 REP.PHONE
38 100'2' (417)438-1360
14 1 16 1 ;�I 12' 2' 8" 1' 1'2.5' Gam=H EDP
18 19 � 51
NY�� CUSTOMER .
APPROVAL DATE
O PARK ENCLOSED? Yes.
PRO SERIES _
X SERIES _
6' G' 4 STEALTH SERIES ✓
6' $ 3O 31 32 43 44�:J STEALTH CLASSIC
`' 56 SERIES
2Q PROJECT NAME
Q' 6' �� "4'4' 4' $' S' S' McHenry Skate Park
CLICK HERE TO VIEW DESIGN VIDEOS DESIGN NO. 4278
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Project Team,
American Ramp Company is excited to provide a price proposal for the construction of a new
skate/BMX park at the McHenry Skate Zone. I have visited the site and met with many skaters
and BMX riders that have use the park. We are currently working with a number of communi-
ties in the greater Chicago area on replacing or revitalizing their current parks. Included in this
proposal catalog are also reference letters and project bios for other parks we have built in
your area. American Ramp Company is the only active skatepark builder that has the experi-
ence and capability to build to the specifications of the Stealth Series product line.
Our proposal price includes two price options:
1. Bid Spec Match: $164,720.00 - This option will meet all of the minimum requirements
of the quotation request. Very similar to the True Ride Build method this option does not
include many of the upgrades and design features of the stealth series like, solid-core poly
substrate, patented Uni-Form coping system, etc.
2. Stealth Series- $198,880.00 - This build option features the one of a kind Stealth Series,
enclosed in this bid catalog is a product description. No other builder can match the qual-
ity and durability of this product line. With Stealth parks in every climate, from Guam to
Alaska, the Stealth Series is unmatched.
We are very excited to provide your community a great park that will last for decades. I am
confident that we can provide unmatched quality and customer service, as we take pride in
every park that we install.
Respectfully Submitted,
Nathan Bemo
President, Skateboarder, Designer
American Ramp Company
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AGENDA ITEM #4
Discussion on Dog Park Locations
Staff has prepared some preliminary costs for the development of a dog park at
the two locations discussed at the March 9, 2011 committee meeting. Since the
last meeting we have been notified by the Kohl's property administration staff that
access to the FAP 420 will be granted from their property. In addition we will be
able to utilize the parking area north of the store.
The preliminary costs for these two sites have been prepared using estimates
provided by 30 Design, Grayslake, IL on a similar development they have recently
completed. The largest costs will be for perimeter fencing and access gates.
Once a preferred site is chosen staff would recommend contracting with 3D
Design to prepare a site plan with refined cost estimates, specifications and the
preparation of bid documents to proceed with construction.
Preliminary Cost Estimates
Kohl's/IDOT FAP 420
2,700 ft. Perimeter Fence $43,500
Entrance Gate 3,000
Maintenance Gate 1,000
Water Fountain 2,000
Water Line/Vault 5,000
Benches 2,500
Shelter 10,000-15,000
$67-$72,000
Municipal Center/Knox Park Access
2,215 ft. Perimeter Fence $35,200
Entrance Gate 3,000
Maintenance Gate 1,000
Water Fountain 2,000
Water Line/Vault 5,000
Shelter 10,000-15,000
Benches 2,500
$58-$63,000
NOTE: The above estimates do not include any site development costs - paths,
grading, seeding, plantings or restoration work. Developer Donations would fund
this project. Access to this facility will have to meet ADA guidelines.
Once a decision is made on the preferred site staff can contact 3D Design to
request a proposal for professional services for design and construction
management of this project. 3D Design prepared site plans and cost estimates for
the three previous sites considered by the City. They have recently completed two
dog park facilities for the Glenview and Buffalo Grove Park Districts.
Staff will have large maps of the two proposed sites on display at the meeting.
AGENDA ITEM #5
LAKELAND PARK BOAT LAUNCH - GRANT PROPOSAL
Staff met with representatives of HR Green (SEC) to discuss the renovation of
the Lakeland Park Boat Launch facility on Shore Drive. A proposal is attached,
along with two preliminary designs, for the development of site plans and cost
estimates to assist the city in submitting for IDNR Grant funding. The cost for
this preliminary work is not eligible for grant reimbursement. Once a grant is
awarded all final engineering, bid specifications and construction management
would be included in the grant costs.
The IDNR Boat Access Area Development program will fund up to 100% of eligible
project costs to a maximum of $200,000. A local match of up to 30% is
encouraged. The City has been awarded two grants in this program: 1) South
Riverfront Park and 2) Petersen Waterfront Phase I.
Parks and Recreation Department staff will be responsible for preparing the grant
documents to be submitted by the September 1, 2011 deadline.
In discussing the status of the IDNR Grant programs with IDNR staff, we were
informed that funding for this program has not been awarded in the last two years.
Grant Division staff will not know if funding will be available until after July 1,
2011. In light of the state's current financial crisis the funding for this upcoming
grant cycle does not look promising.
This project could be funded by the City using developer donations. A decision by
the committee should be based on costs and funding priority for all park
improvements.
Attachments:
HR Green proposal w/Site Plans
b
HRGreen
PROFESSIONAL SERVICES AGREEMENT
For
McHenry Parks and Recreation
CONCEPT PLANNING AND GRANT APPLICATION ASSISTANCE
City of McHenry, Illinois
Mr. Peter Merkel, Director of Parks and Recreation
City of McHenry
Parks and Recreation
333 South Green Street
McHenry, IL 60050
Phone: (815) 636-2160
Fax: (815) 334-3186
Email: pmerkel@ci.mchenry.il.us
Kevin Harder, P.E., Project Manager
Chad Pieper, P.E., City Engineer
HR Green Job No.: 86110115
April 4, 2011
HRGreen.com
Phone 815.385.1778 Fax 815.385.1781 Toll Free 800.728.7805
420 N.Front Street,Suite 100,McHenry,Illinois 60050
TABLE OF CONTENTS
1.0 PROJECT UNDERSTANDING
2.0 SCOPE OF SERVICES
3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT
4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES
5.0 SERVICES BY OTHERS
6.0 CLIENT RESPONSIBILITIES
7.0 PROFESSIONAL SERVICES FEE
8.0 TERMS AND CONDITIONS
I.
Professional Services Agreement
Mr. Peter Merkel,City of McHenry
McHenry Lakeland Park Boat Launch
HR Green Job No. 86110115
April 4, 2011
Page 1 of 7
THIS AGREEMENT is between the City of McHenry (hereafter "CLIENT") and HR Green, Inc.
(hereafter"COMPANY").
1.0 Project Understanding
1.1 General Understanding
A. The project will follow the onsite meeting held March 29, 20011 between representatives
from COMPANY and The City of McHenry Parks and Recreation Department regarding the
Lakeland Park Boat Launch potential improvements.
B. The project will be located on property currently owned by the CLIENT. The property in
question is located in the City of McHenry corporate limits and McHenry County and shall
adhere to Ordinance requirements of the City of McHenry and stormwater requirements of
the City of McHenry and McHenry County. COMPANY will use available maps and property
line information to determine the overall limits of the property in question. Actual survey work
or Plats of Survey are NOT included in this Scope of Service.
C. The scope of service listed below consist of a basic design schedule as follows:
• Concept Planning, two (2) concept plans.
• Engineering Opinion of Probable Cost for improvement shown on the concept plan
selected by the CLIENT for use in applying for an Illinois Department of Natural
Resources Grant. The City of McHenry Parks and Recreation Department will make the
actual grant application.
D. There are no off-site roadway improvements as part of this Scope of Work.
E. The property in question is within the City of McHenry and, as such, is subject to the
requirements of the City of McHenry and McHenry County stormwater regulations. Work
contained in this Scope of Service includes conceptual layouts for the property in question.
Please note that a full topographic survey is NOT included at this time and the grading will be
conceptual only for use in determining the approximate areas to be developed as listed
above.
Design Criteria/Assumptions
A. The proposed project will be designed to adhere to the following:
• City of McHenry and McHenry County's Stormwater Management Standards.
• City of McHenry Zoning and Subdivision Control Ordinance.
2.0 Scope of Services
The CLIENT agrees to employ COMPANY to perform the following services:
A. Concept Planning
1. Kick-Off Meeting/Preliminary Research
Professional Services Agreement
Mr. Peter Merkel,City of McHenry
McHenry Lakeland Park Boat Launch
HR Green Job No. 86110115
April 4,2011
Page 2 of 7
• Review documents received from CLIENT.
• Make appropriate copies of documents received.
• Attend one (1) meeting with the CLIENT to review Concept Plans and Opinions of
Probable Cost.
2. Generate two (2) separate Concept Plans showing the proposed boat launch and boat/
vehicle parking.
3. Coordinate with CLIENT to generate up to two (2) Concept Layout Plans to address the
following items:
• Ingress/Egress to proposed boat launch
• Boat and vehicle parking
• Overall parking lot layout and circulation plan to identify the overall facility access
point
Vehicular and pedestrian access
4. Submit Concept Plans to CLIENT for review at approximately 50% level prior to the
start of work on the Opinions of Probable Cost. CLIENT will respond to COMPANY
regarding concept plan review.
5. Compile copies of the Concept Plan and submit to CLIENT (6-full size copies as
indicated in the Deliverables portion of this proposal/contract).
6. An Engineer's Opinion of Probable Construction Cost (EOPCC) shall be completed for
the improvements identified on the concept plan.
B. Design Criteria
1. The proposed project will be designed to adhere to the following:
• CLIENT and McHenry County's Stormwater Management Standards
• CLIENT's overall Zoning and Subdivision Control Ordinance
• IEPA Sanitary Sewer Standards
• IEPA Water Main Standards
3.0 Deliverables and Schedules Included in this Contract
A. Deliverables/Reimbursables
1. Deliverables included in this contract are listed as follows:
• Concept Plan of Boat Launch facility improvements (two separate scenarios).
• Opinion of Probable Cost for engineering and construction of Plan of Boat Launch
facility improvements (one plan only as selected by the CLIENT).
2. Prints—Concept Plan exhibits (as listed above)— 2 sheets (24" x 36").
$2.70/per sheet x 2 sheets = $5.40
$5.40/set x 5 sets allotted = $127.00 (Budgetary Cost)
Professional Services Agreement
Mr. Peter Merkel,City of McHenry
McHenry Lakeland Park Boat Launch
HR Green Job No. 86110115
April 4,2011
Page 3 of 7
3. Meetings
Estimated time needed for meetings are listed below:
• One (1) meeting with CLIENT, two (2) hours.
• This item includes preparation of meeting minutes and distribution to meeting
attendees.
• Two (2) hours of meetings x $160.00 = $320.00 (Budgetary Cost)
4.0 Items not included in Agreement/Supplemental Services
The following items are not included as part of this agreement:
• Construction Documents
• Land Acquisition Documents and/or Cost Projections (Owner)
• Soil Borings (by others)
• Wetland Delineation and Permitting (by Owner and coordinated through COMPANY).
• Easement Documents (by COMPANY, if required, under separate contract).
• Groundwater Study or Report(by COMPANY, if required, under separate contract).
• Base Flood Elevation Determination (by COMPANY, if required, under separate
contract).
• Archaeological Survey (selected by Owner).
5.0 Services by Others
None
6.0 Client Responsibilities
Final Submittal of Grant Application Illinois Department of Natural Resources
7.0 Professional Services Fee
7.1 Fees
The fee for services will be based on COMPANY standard hourly rates current at the time the
agreement is signed. These standard hourly rates are subject to change upon 30 days' written
notice. Non salary expenses directly attributable to the project such as: (1) living and traveling
expenses of employees when away from the home office on business connected with the
project; (2) identifiable communication expenses; (3) identifiable reproduction costs applicable to
the work; and (4) outside services will be charged in accordance with the rates current at the
time the work is done.
7.2 Invoices
Invoices for COMPANY's services shall be submitted, on a monthly basis. Invoices shall be due
and payable upon receipt. If any invoice is not paid within 15 days, COMPANY may, without
waiving any claim or right against the CLIENT, and without liability whatsoever to the CLIENT,
suspend or terminate the performance of services. The retainer shall be credited on the final
I
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Professional Services Agreement
Mr. Peter Merkel,City of McHenry
McHenry Lakeland Park Boat Launch
HR Green Job No. 86110115
April 4,2011
Page 4 of 7
invoice. Accounts unpaid 30 days after the invoice date may be subject to a monthly service
charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event any portion of
an account remains unpaid 60 days after the billing, COMPANY may institute collection action
and the CLIENT shall pay all costs of collection, including reasonable attorney's fees.
7.3 Extra Work
Any work required but not included as part of this contract shall be considered extra work. Extra
work will be billed on a Time and Material basis with prior approval of the CLIENT.
7.4 Exclusion
This fee does not include attendance at any meetings or public hearings other than those
specifically listed in the Scope of Services. These work items are considered extra and are billed
separately on an hourly basis.
7.5 Payment
The CLIENT AGREES to pay COMPANY on the following basis:
Deliverables/Reimbursables (86110115) -Time and Material (Not to Exceed)
Prints (Budgetary Cost) = $127.00
Meeting (Budgetary Cost) = $320.00
Deliverables/Reimbursables, Time and Material (Not to Exceed) = $447.00
Labor, Time and Material (Not to Exceed) = $2,375.00
Total Contract Amount (Time and Material, Not to Exceed) = $2,822.00
COMPANY shall invoice the CLIENT for the actual fee expended for any reimbursable expenses
and work completed on a time and material basis. This may include labor, direct costs, and
outside services/subconsultants. Estimates are shown below. Actual billing for expenses and
time and material costs may differ than those shown below.
Professional Services Agreement
Mr. Peter Merkel,City of McHenry
McHenry Lakeland Park Boat Launch
HR Green Job No.86110115
April 4,2011
Page 5 of 7
Extra Work
Any work required but not included as part of this contract shall be considered extra work. Extra work will be billed on a Time and
Material basis with prior written approval of the CITY OF MCHENRY.
Outside Consultants
SMITH ENGINEERING CONSULTANTS,INC.(SEC)is not responsible for accuracy of any plans,surveys or information of any type
including electronic media prepared by any other consultants,etc.provided to SEC for use in preparation of plans.
SEC is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others
will not be done under this contract unless indicated in the Scope of Work.
Construction Review(Without Design)
It is agreed that the professional services of SEC are limited to a review and observation of the work of the contractor to ascertain that
such work substantially conforms to the design intent and the contract documents.
Design Without Construction Review
It is agreed that the professional services of SEC do not extend to or include the review or site observation of the contractor's work or
performance. SEC agrees to be responsible for its employees negligent acts,errors or omissions.
Construction Observation
SEC shall visit the project at appropriate intervals(as described in the scope of services)during construction to become generally familiar
with the progress and quality of the contractors work and to determine if the work is proceeding in general accordance with the Contract
Documents. The CITY OF MCHENRY has not retained SEC to make detailed inspections or to provide exhaustive or continuous project
review and observation services. SEC does not guarantee the performance of,and shall have no responsibility for,the acts or omissions
of any contractor,subcontractor,supplier or any other entity furnishing materials or performing any work on the project.
If the CITY OF MCHENRY desires more extensive project observation or full-time project representation,the CITY OF MCHENRY
shall request such services be provided by SEC as Additional Services in accordance with the terms of the Agreement.
Attorneys'Fees
In the event of any arbitration or litigation related to this Agreement,the prevailing party,as determined by the arbitrator or judge,shall be
entitled to recovery of all reasonable costs incurred,including staff time,court costs,attorney's fees and other related expenses.
Job Site Safety
Neither the professional activities of SEC,nor the presence of SEC's employees and subconsultants at a construction site,shall relieve the
General Contractor and any 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. SEC
and its 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 CITY OF MCHENRY agrees that the General Contractor is solely
responsible for job site safety,and warrants that this intent shall be made evident in the CITY OF MCHENRY AGREEMENT with the
General Contractor. The CITY OF MCHENRY also agrees that the CITY OF MCHENRY,SEC and SEC's consultants shall be
indemnified and shall be made additional insureds under the General Contractor's general liability insurance policy.
Reuse of Documents
All project documents including,but not limited to,plans and specifications furnished by SEC under this project are intended for use on
this project only. Any reuse,without specific written verification or adoption by SEC,shall be at the CITY OF MCHENRY's sole risk,
and CITY OF MCHENRY shall indemnify and hold harmless SEC from all claims,damages and expenses including attorneys fees
arising out of or resulting therefrom.
Design Information in Electronic Form
Because CADD information stored in electronic form can be modified by other parties,intentionally or otherwise,without notice or
indication of said modifications,SEC reserves the right to remove all indicia of its ownership and/or involvement in the material from
Professional Services Agreement
Mr. Peter Merkel,City of McHenry
McHenry Lakeland Park Boat Launch
HR Green Job No. 86110115
April 4,2011
Page 6 of 7
each electronic medium not held in its possession. The CITY OF MCHENRY shall retain copies of the work performed by SEC in
CADD form only for information and use by the CITY OF MCHENRY for the specific purpose for which SEC was engaged.
Any use or reuse of original or altered CADD design materials by the CITY OF MCHENRY,agents of the CITY OF MCHENRY,or other
parties without the review and written approval of SEC shall be at the sole risk of the CITY OF MCHENRY.
Dispute Resolution
The parties shall first mediate all claims,disputes or controversies arising out of,or in relation to the interpretation,application or
enforcement of this Agreement("Agreement Disputes"). Such mediation shall proceed by agreement of the parties.In the event of a failed
mediation,as determined by either party in writing to the other,all such Agreement Disputes shall be finally decided by arbitration
administered by the American Arbitration Association under its construction industry arbitration rules or JAMS Dispute Resolution,the
forum of which shall be at the discretion of the City. All mediation or arbitration proceedings shall take place at he City of McHenry
municipal building,333 S.Green Street,McHenry,Illinois 60050. Judgment on the award rendered by the arbitrator may be entered in
any court having jurisdiction thereof.The city may elect,as its exclusive option,to file suite by litigation rather than arbitration(or
remove to court Agreement Disputes filed in arbitration by SEC,as the case may be)Agreement Disputes of$10,000 or less or$200,000
or higher and to enforce equitable remedies such as injunctive relief and mechanic lien right on public funds. The parties agree that at no
time shall more than one arbitrator be selected regardless of the amount in controversy and in the event the CITY or SEC fail to appear or
defend itself in any arbitration proceeding,award by default may be entered by the arbitrator.
Hazardous Materials
It is acknowledged by both parties that SEC's scope of services does not include any services related to asbestos or hazardous or toxic
materials. In the event SEC or any other party encounters asbestos or hazardous or toxic materials at the job site,or should it become
known in anyway that such materials maybe present at the job site or any adjacent areas that may affect the performance of SEC's
services,SEC may,at its option and without liability for consequential or any other damages,suspend performance of services on the
project until the CITY OF MCHENRY retains appropriate specialist consultant(s)or contractor(s)to identify,abate and/or remove the
asbestos or hazardous or toxic materials,and warrant that the job site is in full compliance with applicable laws and regulations.
Exclusion
This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services.
These work items are considered extra and are billed separately on an hourly basis.
Payment
1. All work will be invoiced on a monthly basis. All invoices shall be paid within 30 days of the invoice date. Additionally,all
outstanding invoices must be paid in full before Final Plats of Subdivision will be submitted for recording or record drawings
are submitted to municipalities for final approval.
Should the CITY OF MCHENRY fail to pay for professional services hereunder,as billed within 45 days of such billing,SEC
shall be excused from rendering any further services under this project. No work shall be signed or sealed until payment in full
is received.
2. This AGREEMENT shall not be enforceable by either party until each has in its possession a copy of this AGREEMENT signed
by the other.
Time Limit
This AGREEMENT must be executed within thirty(30)days of the composition date to be accepted under the terms set forth herein.
This contract shall expire one year from date of execution.
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