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HomeMy WebLinkAboutRes 12-81 03/17/1981 ~< , } / </ RESOLUTION NO. 12-81 A RESOLUTION APPROVING AN AGREEMENT WITH DONOHUE & ASSOCIATES, INC. BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION ONE: The President is hereby authorized to sign and the Village Clerk to attest an Agreement with substan- tially the same terms as the Agreement between the Village of Mount Prospect and Donohue & Associates, Inc. which is attached heretci as Exhibit A and incorporated herein by this reference. SECTION TWO: This resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. PASSED THIS 17th DAY OF March ,1981 AYES: Farley, Floras, Miller, Murauskis, Richardson, Wattenberg NAYS: None AB SENT: None APPROVED THIS 17th DAY OF March , 1981. &~ ~~tl~ ViII ge President ATTEST: <~/ ø:~ Village Clerk A G R E E MEN T THIS AGREE!1ENT made and entered into this day of , 1981 by and between the VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation (hereinafter referred to as the "Owner") and DONOHUE & ASSOCIATES, INC., a Wisconsin corporation (hereinafter referred to as the "Engineer"); WITNESSETH WHEREAS, the Engineer prepared a Sewer System Evaluation Survey Final Report dated November 16,1979 (hereinafter referred to as the "Report") for the Owner which sets forth a sanitary sewer rehabilitation program which will eliminate cost-effectively a portion of the infiltration/inflow presently entering into the Owner's sanitary sewer system; and- WHEREÞ_S, the Illinois and united States Environmental Protection Agencies (hereinafter referred to, respectively, as "IEPA" and "USEPA") are expected to approve the findings of the Report; and WHEREAS, the Owner wishes to implement the sanitary sewer rehabilitation program set forth in the Report; and WHEREAS, the Engineer agrees to do the work specified hereinafter in this Agreement in connection with the implementa- EXHIBIT A (~., tion of the sanitary sewer rehabilitation program set forth in the Report; NOW, THEREFORE, for and in consideration of the mutual covenants hereinabove and hereinafter set forth, the parties hereto agree as follows: ARTICLE I. DESCRIPTION OF PROJECT. The Project shall consist of the performance of the work set forth in ARTICLE II hereinafter for all fundable items of material and work to be done as set forth in the Report on Revised Table 5 under the Section entitled "Proposed Sewer System Rehabilitation Program" dated June, 1980. ARTICLE II. SCOPE OF SERVICES. The Engineer shall perform or be responsible for the performance of the following services to the Owner in connection with the Project: 1. Prior to preparation of plans and specifications for the Project the Engineer shall: a. Review the infiltration/inflow analysis prepared by the Metropolitan Sanitary District of Greater Chicago dated January 19,1974, and entitled Infiltrarion Inflow Analysis Upper Des Plaines Service Basin to O'Hare Reclamation Plant and the Report; -2- ~ ~ ; . b. Make field surveys and investigations as necessary in the judgment of the Engineer and as requested by the Village; c. Review pertinent records of the Owner with regard to the sanitary sewer system of the Owner; 2. Prepare plans and specifications for the Project; 3. Obtain approvals from the IEPA and USEPA for the plans and specifications for the Project; 4. Provide the Owner, IEPA, USEPA, financial consultants and regulatory agencies with the number of copies requested by each of the plans and specifications for the Project and provide the Owner with one set of reproducible plan tracings and bond paper specifications; 5. Attend a maximum of five public meetings the Engineer is requested to attend by the Owner, IEPA and USEPA, attend such staff meetings as the Engineer is requested to attend by the Owner, IEPA and USEPA, and provide any and all information requested relating or pertaining to the Project to said bodies; 6. Prepare the application to the USEPA for the construction of the Project. Such application shall comply with any and all requirements for such application as then may be in effect for such applications; -3- f\: The plans andgp'~S'~r-1e~t:lþti,~f,~:rthe Project shall ,,' " '- ~_. . - ,'c-,,--;' ,- be submitted to the Owner's Village Engineer for review and approval. The Owner's Village Engineer shall approve or disapprove such plans and specifications within 45 days after their receipt and, if disapproved, shall mail written notice to the Engineer of the reason for such disapproval. ARTICLE III. WARRANTY. The Engineer warrants that the plans and specifica- tions for the Project will comply with any and all statutes, regulations and guidelines of the IEPA and USEPA which are applicable to the Project on the date the Engineer begins work on the Project. ARTICLE IV. LIABILITY OF ENGINEER. The parties hereto understand and agree that the Engineer shall be responsible and liable for any errors or omissions or both or negligence in the work performed by the Engineer under this Agreement and for any breach of this Agreement by the Engineer. The Engineer shall not be responsible, except to the extent provided by law, for the construction means, methods, techniques and programs or construction safety of any contractor or subcontractor provided the aforesaid have not been specified by the Engineer. -4- -~, ARTICLE '\1'7' -t::5MPÊNsÄTIÔN. 1. The Village agrees to pay the Engineer for the services to be provided under this Agreement a sum of money equal to 2.49 times the average hourly charges, a schedule of which for specified classes of Engineer's employees and for the Engineer is attached hereto as Exhibit A and incor- porated herein by this reference, for each hour of work per- formed by or on behalf of the Engineer and Engineer's employees on the Project plus reimbursement for expenses which shall include, and be limited to, Engineer's cost for mileage, meals, computer useage, printing and copying incurred in connection with the Project, not to exceed a total for such services and expenses of Seventy-eight Thousand Dollars ($78,000.00) pro- vided, however, that the Village shall pay the Engineer no less than Ten Thousand Five Hundred Dollars ($10,500.00) for the services to be provided under this Agreement. 2. The Village agrees to pay the Engineer monthly progress payments in an amount equal to 2.49 times the average hourly charges, as set forth on Exhibit 0, for the class of each employee performing services on the Project for the hours such employees have worked plus an amount for reimbursable expenses, a description of which is set forth in Section I of this Article, provided the Engineer submits itemized bills therefor to the Village and further provided that the total -5- n amount for which bills s not exceed 95% of the maximum fee for services and expenses of $78,000.00 for the work. 3. Upon completion of the Project within the time specified in Article VI hereinafter, the Village shall pay the Engineer whatever amounts remain due and owing. 4. The Village shall pay bills submitted by the Engineer within sixty days of the Village's receipt thereof. ARTICLE VI. TIME FOR PERFORMANCE. The Engineer shall complete the services to be provided to the Village under this Agreement within six months after the date that USEPA approves a grant in the amount of Fifty-eight Thousand Five Hundred Dollars ($58,500.00) to the Village. ARTICLE VII. AMENDMENTS TO THE AGREEMENT. In the event there is an increase in the cost of or time required for the performance of the services specified in this Agreement through'no fault of the Engineer which is caused by (1) substantial changes in the design and specifica- tions for the Rroject requested by the Village or required by any other governmental body or (2) a substantial delay in the start of the Project beyond May 1, 1981, or other delays, the Engineer may request and the Village agrees to renegotiate the fee set forth herein for the services to be provided under this -6- r'\ Agreement. The term cHtiff,§(^&;~*:it:i~~~tindf-f',;ig-háll include all changes in the design or specifications required by or resulting from additions, deletions, revisions or other modifications of or with respect to the original scope of the Project or-the original design criteria established therefor. Such increases would represent changes to the Scope of Services and would require written approval of the Village Manager to qualify for additiona~ compensation. ARTICLE VIII. INCORPORATION OR REGULATIONS. The regulations set forth on Exhibit P attached hereto are incorporated herein by this reference and shall apply to the responsibilities of the parties under this Agree- ment to the extent that they do not conflict with the provisions herein. ARTICLE IX. TERMINATION. 1. This Agreement may be terminated by either party in the event of substantial failure by the other party to ful- fill its obligations under this Agreement through no fault. of the terminating party. No termination shall be effective unless the other party is given not less than five (5) days written notice of the termination. Notice shall be deemed to have been given on the date it was mailed. The Engineer shall discontinue service upon receipt of the written notice. -7- r'\ 2. This ically terminate without written notice if the Village fails to receive a grant of at least $58,500 from the USEPAfor the Project. If this Agreement terminates automatically, the Engineer shall not be enti~l~d to any compensation whatsoever. ARTICLE X. NOTICE. Any notices required by this Agreement shall be sent registered or certified mail, return receipt requested, to the following: Terrance Burghard - Village Hanager Village of Mount Prospect 100 South Emerson Street Mount Prospect, Illinois 60056 Donohue & Associates, Inc. 600 Lany Court Waukesha, Wisconsin 53186 ARTICLE XI. CONFLICT OF LAW. This Agreement shall be governed by the laws of the State of Illinois. VILLAGE OF MOUNT PROSPECT By Village President ATTEST: DONOHUE & ASSOCIATES, INC. By Its -8-