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R-56-02 09/09/02RESOLUTION RESOLUTION AUTHORIZING APPROVAL OF AN ENGINEERING AGREEMENT WITH CIORBA GROUP, INC. IN CONJUNCTION WITH THE BIENNIAL BRIDGE INSPECTION PROGRAM WHEREAS, the Village of Lemont requires engineering inspection services related to the Biennial Bridge Inspection Program; and WHEREAS, the Village of Lemont seeks to utilize the firm of Ciorba Group, Inc.; and WHEREAS, the Village and Ciorba Group 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 Preliminary Engineering Services 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 9th day of September , 2002. John Benik Debby Blatzer Peter Coules Connie Markiewicz Steven Rosendahl Jeanette Virgilio AYES NAYS PASSED ABSENT CHARLENE SMOLLEN, Village Clerk Approved by me this 9th day of September , 2002. Attest: JO IAZZA, CHARLENE SMOLLEN, Village Clerk Approved as to form: JOHN ANTONOPOULOS, Village Attorney ent ' Municipality VILLAGE OF LEMONT L 0 L A G E N C Y Illinois Department of Transportation Preliminary Engineering Services Agreement For Motor Fuel Tax Funds C o S Address u L T A N T Name CIORBA GROUP, INC. Township LEMONT 5507 N. CUMBERLAND County y COOK City CHICAGO Section 02- 00034 -00 -ES State ILLINOIS THIS AGREEMENT is made and entered into this day of , 2002 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. Name Various Locations Route Termini Section Description Length Mi. FT (Structure No. 016 -7357, 016 -7356 016 -0565, 016 -2528 ) Description: Bridge inspection at four locations: Derby Road Bridge (S /N 016 - 7357), Stephen Street over INM Canal (S /N 016 - 0565), Ed Bossert Drive over INM Canal (S /N 016 -7356) and Old Stephen Street over Des Plaines River (S /N 016 -2528) 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 inspections as are necessary for the completion of IDOT Biennial Inspection Report forms. 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. ® Complete IDOT Biennial Inspection Report forms. g. ❑ Make complete general and detailed plans, special provisions, proposals and estimates of cost and furnish the LA with five (5) copies of the plans, special provisions, proposals and estimates. Additional copies of any or all 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 L :\Marketing \proposal\2002 \02 -25 Lemont Bridge Inspections\BLR4301.DOC 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. i. ❑ 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, 1f, 2, 3, 5 and 6 a lump sum amount of $15,000. 2. To pay for services stipulated in paragraphs 1 b, 1 c, 1d, 1 e, 1 f, 1 h, 1j and 1 k of THE ENGINEER AGREES at the hourly rates stipulated below for personnel assigned to this SECTION as payment in full to the ENGINEER for the actual time spent in providing these services the hourly rates to include profit, overhead, readiness to serve, 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 sublet all or part of the services provided under paragraphs 1b, 1c, 1d, le, 1f, 1j and 1k of THE ENGINEER AGREES. If the ENGINEER sublets all or a part of this work, the LA will pay the cost to the ENGINEER plus a five (5) percent service charge. "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. Grade Classification of Employee Hourly Rate Principal 156.00 Project Manager /Chief Structural Engineer 135.00 Project Structural Engineer 106.00 Structural Engineer 63.00 Structural Technician 84.00 `Thy hourly rates itemized above shall be effective the date the parties, hereunto entering this AGREEMENT, have affixed their hands and seals and shall remain in effect until June 30, 2003 . In event the services of the ENGINEER extend beyond June 30, 2003 , the hourly rates will be adjusted yearly by addendum to this AGREEMENT to compensate for increases or decreases in the salary structure of the ENGINEER that are in effect at that time. "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 1 a 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. By Mutual agreement, partial payments, not to exceed 90 percent of the amount earned, may 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 la, through 1h and prior to the completion of such services, the LA shall reimburse the ENGINEER for his actual costs plus 160 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. 5. 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 160 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) 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: ATTEST: By . )1 //'1) V. /4e Clerk (Seal) Village of Lemont (Municipality /Township /County) State of Illinois, acting by and through its V, //f e 1 r By fiL ��'i/'+/ Title 32'4, lor of the Executed by the ENGINEER: ATTEST: By Title: Ciorba Group, Inc. 5507 N. Cumberland Avenue Title: President BLR 4301 (Rev. 5/2000) Page 4of4