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R-78-03 Authorizing Approval Of An Engineering Agreement With McDonough Associates For The 127th Street Reconstruction Phase IRESOLUTION '- 7 RESOLUTION AUTHORIZING APPROVAL OF AN ENGINEERING AGREEMENT WITH McDONOUGH ASSOCIATES FOR FOR THE 127TH STREET RECONSTRUCTION PHASE I WHEREAS, the Village of Lemont requires additional engineering services related to construction design for 127th Street Reconstruction - Phase I: Archer Av. to State St.; and WHEREAS, the Village of Lemont seeks to utilize the firm of McDonough Associates for such services; and WHEREAS, the Village of Lemont and the Cook County Highway Department have negotiated the terms of the financial responsibilities; and WHEREAS, the Village of Lemont and McDonough Associates, Inc. have negotiated an agreement to identify the terms and conditions of the services to be provided. NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees that the supplemental agreement attached hereto as Exhibit A is hereby approved. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS, on this 27th day of October , 2003. Debby Blatzer Peter Coules Steven Rosendahl Ronald Stapleton Brian Reaves Jeanette Virgilio AYES NAYS PASSED ABSENT t. CHARLENE SMOLLEN, Village Clerk Approved by me this 27th day of Attest: October , 2003. JO F. ' IAZZA, Villag = ' r ent CHARLENE SMOLL N, Village Clerk Approved as to form: JOHN ANTONOPOULOS, Village Attorney Menicipalq Village of Lemont L 0 C A L A G E N C Y Illinois Department of Transportation Preliminary Engineering Services Agreement For Motor Fuel Tax Funds C o N S u L T A N T Name McDonough Associates Inc. Township Address 130 East Randolph Suite 1000 Count y Cook city Chicaao Section 93- 00022 -00 -PV State IL THIS AGREEMENT is made and entered into this day of between the above Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the improvement of the above SECTION. Motor Fuel Tax Funds, allotted to the LA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the "DEPARTMENT ", will be used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. Section Description Name 127th Street Route Length 0.40 Mi. 2100 FT (Structure No. Termini State Street to Archer Avenue Description: Additional services for preparation of Contract Documents for the reconstruction of 127th Street. Agreement Provisions The Engineer Agrees, 1. To perform or be responsible for the performance of the following engineering services for the LA, in connection with the proposed improvements herein before described, and checked below: a. ® Make such detailed surveys as are necessary for the preparation of detailed roadway plans b. ❑ Make stream and flood plain hydraulic surveys and gather high water data, and flood histories for the preparation of detailed bridge plans. c. ❑ Make or cause to be made such soil surveys or subsurface investigations including borings and soil profiles an analyses thereof as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations are to be made in accordance with the current requirements of the DEPARTMENT. d. ❑ Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. e. ❑ Prepare Army Corps of Engineers Permit, Department of Natural Resources - Office of Water Resources Permit, Bridge waterway sketch, and /or Channel Change sketch, Utility plan and locations, and Railroad Crossing work agreements. f. ❑ Prepare Preliminary Bridge design and Hydraulic Report, (including economic analysis of bridge or culvert types) and high water effects on roadway overflows and bridge approaches. g. ® Make complete general and detailed plans, special provisions, proposals and estimates of cost and furnish the LA documents, if required, shall be furnished to the LA by the ENGINEER at his actual cost for reproduction. Note: Four copies to be submitted to District Engineer BLR 4301 (Rev. 5/2000) Page 1 of 4 h. ❑ Furnish the LA with survey and drafts in quadruplicate of all necessary right -of -way dedications, construction easement and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. 1. ❑ Assist the LA in the tabulation and interpretation of the contractors' proposals j. ❑ Prepare the necessary environmental documents in accordance with the procedures adopted by the DEPARTMENT's Bureau of Local Roads & Streets. k. ❑ Prepare the Project Development Report when required by the DEPARTMENT. (2) That all reports, plans, plats and special provisions to be furnished by the ENGINEER pursuant to the AGREEMENT, will be in accordance with current standard specifications and policies of the DEPARTMENT. It is being understood that all such reports, plats, plans and drafts shall, before being finally accepted, be subject to approval by the LA and the DEPARTMENT. (3) To attend conferences at any reasonable time when requested to do so by representatives of the LA or the Department. (4) In the event plans or surveys are found to be in error during construction of the SECTION and revisions of the plans or survey corrections are necessary, the ENGINEER agrees that he will perform such work without expense to the LA, even though final payment has been received by him. He shall give immediate attention to these changes so there will be a minimum delay to the Contractor. (5) That basic survey notes and sketches, charts, computations and other data prepared or obtained by the Engineer pursuant to this AGREEMENT will be made available, upon request, to the LA or the DEPARTMENT without cost and without restriction or limitations as to their use. (6) That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by him and will show his professional seal where such is required by law. The LA Agrees, 1. To pay the ENGINEER as compensation for all services performed as stipulated in paragraphs 1a, 1g, 1i, 2, 3, 5 and 6 in accordance with one of the following methods indicated by a check mark: a. ❑ A sum of money equal to percent of the awarded contract cost of the proposed improvement as approved by the DEPARTMENT. b. ❑ A sum of money equal to the percent of the awarded contract cost for the proposed improvement as approved by the DEPARTMENT based on the following schedule: Schedule for Percentages Based on Awarded Contract Cost Awarded Cost Under $50,000 * Lump Sum Fee Equal to: $39,021 See Exhibit A Percentage Fees Note: Not necessarily a percentage. Could use per diem, cost -plus or lump sum. (see note) 2. To pay for services stipulated in paragraphs 1 b, lc, ld, 1 e, 1f, lh, lj & 1 k of the ENGINEER AGREES at actual cost of performing such work plus percent to cover profit, overhead and readiness to serve - "actual cost" being defined as material cost plus payrolls, insurance, social security and retirement deductions. Traveling and other out -of- pocket expenses will be reimbursed to the ENGINEER at his actual cost. Subject to the approval of the LA, the ENGINEER may su e a or par o e services prove e. un er t e paragrap . c • e , , j : t e ' su e s a or part of this work, the LA will pay the cost to the ENGINEER plus a five (5) percent service charge. BLR 4301 (Rev. 5/2000) Page 2 of 4 "Cost to Engineer" to be verified by furnishing the LA and the DEPARTMENT copies of invoices from the party doing the work. The classifications of the employees used in the work should be consistent with the employee classifications for the services performed. If the personnel of the firm, including the Principal Engineer, perform routine services that should normally be performed by lesser - salaried personnel, the wage rate billed for such services shall be commensurate with the work performed. 3. That payments due the ENGINEER for services rendered in accordance with this AGREEMENT will be made as soon as practicable after the services have been performed in accordance with the following schedule: a. Upon completion of detailed plans, special provisions, proposals and estimate of cost - being the work required by paragraphs la through 1g under THE ENGINEER AGREES - to the satisfaction of the LA and their approval by the DEPARTMENT, 90 percent of the total fee due under this AGREEMENT based on the approved estimate of cost. b. Upon award of the contract for the improvement by the LA and its approval by the DEPARTMENT, 100 percent of the total fee due under the AGREEMENT based on the awarded contract cost, less any amounts paid under "a" above. Partial payments, not to exceed 90 percent of the amount earned, will be made from time to time as the work progresses. 4. That, should the improvement be abandoned at any time after the ENGINEER has performed any part of the services provided for in paragraphs 1 a, through 1h and prior to the completion of such services, the LA shall reimburse the ENGINEER for his actual costs plus 140 percent incurred up to the time he is notified in writing of such abandonment - "actual cost" being defined as in paragraph 2 of THE LA AGREES. That, should the LA require changes in any of the detailed plans, specifications or estimates except for those required pursuant to paragraph 4 of THE ENGINEER AGREEs, after they have been approved by the DEPARTMENT, the LA will pay the ENGINEER for such changes on the basis of actual cost plus 140 percent to cover profit, overhead and readiness to serve - "actual cost" being defined as in paragraph 2 of THE LA AGREES. It is understood that "changes" as used in this paragraph shall in no way relieve the ENGINEER of his responsibility to prepare a complete and adequate set of plans and specifications. It is Mutually Agreed, 1. That any difference between the ENGINEER and the LA concerning their interpretation of the provisions of this Agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LA and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 2. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at his last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all surveys, permits, agreements, preliminary bridge design & hydraulic report, drawings, specifications, partial and completed estimates and data, if any from traffic studies and soil survey and subsurface investigations with the understanding that all such material becomes the property of the LA. The ENGINEER shall be paid for any services completed and any services partially completed in accordance with Section 4 of THE LA AGREES. 3. That if the contract for construction has not been awarded one year after the acceptance of the plans by the LA and their approval by the DEPARTMENT, the LA will pay the ENGINEER the balance of the engineering fee due to make 100 percent of the total fees due under this AGREEMENT, based on the estimate of cost as prepared by the ENGINEER and approved by the LA and the DEPARTMENT. 4. That the ENGINEER warrants that he /she has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER, to solicit or secure this contract, and that he /she has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For Breach or violation of this warranty the LA shall have the right to annul this contract without liability. BLR 4301 (Rev. 5/2000) Page 3 of 4 IN WITNESS WHEREOF, the parties have caused the AGREEMENT to be executed in quadruplicate counterparts, each of which shall be considered as an original by their duly authorized officers. Executed by the LA: (Municipality/Township /County) ATTEST: State of Illinois, acting by and through its By of the Clerk By (Seal) Title Executed by the ENGINEER: McDonough Associates Inc. ATTEST: By /XL 130 East Randolph Suite 1000 Chicago IL 60601 By ILLJ Title Vice President Title Vice President BLR 4301 (Rev. 5/2000) Page 4 of 4 EXHIBIT A 127th Street Reconstruction - Additional Man -Hours State Street to Archer Avenue Village of Lemont Scope of Work The project objective is to revise Phase II Contract Plans and Specifications for the improvement of the 127th Street between State Street and Archer Avenue. The Roadway is being reconstructed from two -lane to two -lane with median/left -turn lane. The original desigin was completed for an IDOT Letting. This new design will revise the specifications and plans to be in accordance with Cook County Highway Department design and letting criteria. Approximate total length of project is 2,100 feet. 1. Ground Survey Man -hours Direct Costs Survey Traverse Level Circuit (Elevations by level circuit) Culture and Utility Survey Alignment and Ties (Centerline and Right -Of -Way Ties) Ground Survey 4 4 0 0 Critical Cross Sections (Centerline, Pvmt. Edges, Ditches, Etc.) Topographic (object type, size, location, condition) Pick -Up Survey for Development in the last 2 years 0 48 Poles, Lights, Signs, Utilities, Driveways and Sidestreets Drainage Survey ( size, type, invert and flow direction) Drainage Structures and Storm Sewers Cross Culverts and Connections Existing Right -Of -Way Survey and Property Corners Printing and Reproductions Field Trips to Site ( 3 trips at $36 ) Sub -Total 2. Roadway - Contract Plans, Specifications and Estimate Revisions Cover Sheet Plan Index, General Notes and Legend Quantities and Schedules Alignment, Ties, Benchmarks and Right -Of -Way Corners Traffic Control Drawings (3 Stages) Typical Cross Section Drawings Roadway Plan and Profile Drawing (10 Mainline, 4 Side Streets) Drainage Plan and Profile Drawings (10 Mainline, 4 Side Streets) Miscellaneous Design Details Street Lighting Drawings and Details Temporary Erosion Control Plans Landscaping and Erosion Control Plans Pavement Marking Plans Roadway Cross Sections (every 50 feet and driveways) Meetings Specifications and Special Provisions Storm Water Pollution Prevention Plan Engineering Cost Estimate Quantity and Design Calculations Computer Ploting, Xerox Copies and Reproductions Meeting Transportation (2 meetings at $36 ) Sub -Total TOTAL MAN -HOURS 0 0 0 56 50.00 108.00 $ 158.00 Sheets Hrs /Sheet Man -hours Direct Costs 1 1 5 2 7 1 6 10 2 6 2 2 2 16 63 2 8 4 0 4 8 0 6 0 0 0 0 0 8 2 8 20 0 28 8 0 60 0 0 0 0 0 128 16 40 0 4 32 346 402 $ 400.00 72.00 $ 472.00 TOTAL IN -HOUSE COSTS AVERAGE HOURLY RATE TOTAL LUMP SUM FEE (Man - Hours*Hourly Rate + Direct Costs): $ 630.00 $ 95.50 $ 39,021