R-215-92 Resolution Authorizing Execution of a Professional Services Agreement With Banner ConsultantsITEM VI.C.3
RESOLUTION 2/5
RESOLUTION AUTHORIZING EXECUTION OF A
PROFESSIONAL SERVICES AGREEMENT WITH
BANNER CONSULTANTS FOR 1992 ROAD PROGRAM (MFT FUNDED)
WHEREAS, THE VILLAGE HAS DETERMINED THAT MOTOR FUEL TAX FUNDS
SHALL BE UTILIZED FOR FUNDING THE ENGINEERING AND CONSTRUCTION
COMPONENTS OF THE 3 -YEAR ROAD PROGRAM; AND
WHEREAS, THE ILLINOIS DEPARTMENT OF TRANSPORTATION REQUIRES A
PROFESSIONAL SERVICES AGREEMENT FOR ALL MFT PROJECTS; AND
WHEREAS, THE PROFESSIONAL SERVICES AGREEMENT WITH BANNER
CONSULTANTS (ATTACHED AS EXHIBIT "A ") MEETS I.D.O.T. GUIDELINES FOR MFT
FUND EXPENDITURES.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES THAT THE ATTACHED ENGINEERING AGREEMENT BE APPROVED.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEM NT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS, ON
THIS /34DAY OF , 1992.
AYES NAYS PASSED ABSENT
Kenneth Bromberek
Barbara Buschman
Bert Ercoli
Richard Kwasneski
William Margalus
Ralph Schobert
Approved by me this 8 day o
Attest:
HARLENE M. SMOLLEN, VILLAGE CLERK
Charlene M. Smollen, Village Clerk
, 1992.
•L, �
�� EPH FO ZLEY, V 12(E PRESIDENT
BANNER CONSULTANTS, INC.
CIVIL ENGINEERS, LAND SURVEYORS
7667 W. 95th Street • Suite 1 E • Hickory Hills, Illinois 60457 • Phone: 708 -233 -9958 • Fax: 708 - 233 -9960
Professional Engineering Services Agreement
for
Motor Fuel Tax Funds
LOCAL AGENCY: CONSULTANT:
Village of Lemont
Cook County
Section #
Banner Consultants, Inc.
7667 West 95th St. Suite 1E
Hickory Hills, Illinois 60457
This AGREEMENT is made and entered into this day of , 1992
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 (MFT) Funds, allotted to the LA by the State of Illinois
under the general supervision of the State Department of Transportation,
hereinafter called "DEPARTMENT" will be used entirely or in part to finance
ENGINEER services as described under AGREEMENT PROVISIONS.
SECTION DESCRIPTION
NAME: 1992 MFT Street Improvement Program
TERMINI
& LENGTH: Street Name
Approximate Dimensions
KIM PLACE
(Keepataw Drive to Oakwood School) 400' x 27'
KIP PLACE
(Keepataw Drive to Oakwood School) 400' x 27'
FLORENCE STREET
(Roberta Street to Weimer Ave.) 650' x 22.5'
•
• . r+ .
^' 10'
RIDGE ROAD
(220' Section at Logan Street) 220' x 27'
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
improvement hereinbefore described, and itemized below:
A. Make such detailed surveys as are necessary for the
preparation of detailed roadway plans.
B. Make or cause to be made such soil surveys or subsurface
investigations including borings and soil profiles and
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.
C. Make and furnish the LA with five (5) copies of the
plans, special provisions, proposals and estimates for
review as to form and content. Following the review,
comments received will be incorporated into the final
design documents.
D. Make final design documents consisting of complete
general and detailed 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.
E. Assist the LA in receipt and evaluation of proposals and
the awarding of the construction contract.
F. Furnish or cause to be furnished a resident engineer,
inspectors and other technical personnel to perform the
following work based upon a maximum construction
schedule of 30 working days from construction
commencement. In the event construction exceeds that
period, additional compensation will be negotiated.
1) Continuous observation of the work and the
contractor's operation for compliance with
the plans and specifications as construction
proceeds, but the ENGINEER does not
Guarantee the performance of the contract
by the contractor;
2) Maintain a daily record of the contractor's
activities throughout construction including
sufficient information to permit
verification of the nature and cost of
changes in plans and authorized extra work;
3) Supervision of Inspectors, proportioning
engineers and other technical personnel, and
the taking and submitting of material
samples;
4) Revision of contract drawings to reflect
conditions of record;
5) Preparation and submission to the LA in the
required form and number of copies, all
partial and final payments estimates, change
orders, records, and reports required by the
LA and the DEPARTMENT.
2. That all reports, plans, plats and special provisions to be
furnished by the ENGINEER, pursuant to this AGREEMENT, will be in
accordance with current standard specifications and policies of the
DEPARTMENT and applicable statutes and local ordinances. It is
understood that all such reports, plats, plans and drafts shall,
before being finally accepted, be subject to approval by the LA and
DEPARTMENT.
3. To attend conferences (maximum three) at any reasonable time when
requested to do so by representatives of the LA and 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.
7. To submit, upon request by the LA or the DEPARTMENT a list of the
personnel and the equipment he proposes to use in fulfilling the
requirements of the AGREEMENT.
THE LA AGREES,
1. To pay the ENGINEER as compensation for all services performed as
stipulated in paragraphs la, ib, lc, ld, le, lf, 2, 3, 5, 6, and 7
a sum of money equal to the percentage 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 Percentage Fees
Under $50,000
First $50,000
Next $50,000
Next $110,000
Next $200,000
Next $200,000
Next $450,000
Next $1,000,000
Next $2,000,000
Next $6,000,000
2. Subject to the approval of the LA, ENGINEER may sublet all or part
of the services provided under the paragraphs cited above. If the
ENGINEER sublets all or part of this work, the LA will pay the cost
to the ENGINEER plus a five (5) percent service charge, not to
exceed the fees specified in paragraph 1 above. "Cost to Engineer"
to be verified by furnishing the LA and the DEPARTMENT copies of
invoices from the party doing the work.
3. That payments due the ENGINEER for services rendered in accordance
with this AGREEMENT shall be made within forty five (45) days after
the services have been performed, and the Village has been invoiced
for those services in accordance with the following schedule:
A. Upon completion of details, plans, special provisions,
proposals, estimate of cost and contract award - being
the work required by paragraphs la through if under THE
ENGINEER AGREES - to the satisfaction of the LA and
their approval by the DEPARTMENT, 95 percent of the
total fee due under this AGREEMENT.
B. By mutual agreement, partial payments, not -to- exceed 95
percent of the amount earned, may be made from time to
time as the work progresses.
C. Upon completion of all final reports required by the LA
and the DEPARTMENT, and acceptance of the improvement
by the DEPARTMENT, 100 percent of the total fees due
under this AGREEMENT, less any amounts previously paid.
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 lf, and prior to the completion of such
services, the LA shall reimburse the ENGINEER for his actual cost
plus 15 percent incurred up to the time he is notified in writing
of such abandonment - "actual cost" being defined as material cost
plus payrolls and overhead and burden expenses including insurance,
social security and retirement deductions. Traveling and other out -
of- pocket expenses will be reimbursed to the ENGINEER at his actual
cost.
5. That, should the LA require changes, other than the initial review
comments, 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 15 percent to cover profit, overhead, and readiness to
serve - "actual cost" being defined as in paragraph 4 above. 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.
6. The classifications of the employees used in the work should be
consistent with the employee classifications shown in EXHIBIT A and
estimated manhours shown in EXHIBIT B. 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.
IT IS MUTUALLY AGREED,
1. That any difference between the ENGINEER and the LA concerning the
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, agreement, preliminary bridge design &
Hydraulic report, drawings, specifications, partial and completed
estimates, and data, if any from traffic studies and soil surveys
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 the ENGINEER warrants that he 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
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.
IN WITNESS WHEREOF, the parties have caused this 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) of the State of
Illinois, acting by and through its
ArrhST : `yy�
By: 4 %� BY: O%/t4bv / ' � )11/1411/4
` V k \\. \erg`
Title: � V1 �'res Title: Q ��de��-
(seal) (seal)
Executed by the ENGINEER:
Banner Consultants, Inc.
7667 W. 95th Street - Suite 1E
Hickory Hills, Illinois 60457
ATTEST:
By: By:
ANTHONY M. McNAMARA PATRICIA M. McNAMARA
Title: PRESIDENT Title: VICE PRESIDENT
(seal) (seal)
Certification of Engineer
The ENGINEER certifies that he /she and his /her principals 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).
Date:
Signature
EXHIBIT A
1992 HOURLY FEES
CLASSIFICATION HOURLY RATE
PRINCIPAL $65.00
SENIOR ENGINEER $62.50
REG. SURVEYOR $60.00
PROJECT ENGINEER $60.00
ENGINEER $47.50
DESIGN TECHNICIAN $37.50
DRAFTSMAN /CADD OPERATOR $30.00
CADD SYSTEM $25.00
2 MAN SURVEY CREW $75.00
3 MAN SURVEY CREW $90.00
CLERICAL /ADMINISTRATIVE $25.00
EXHIBIT B
ESTIMATED MANHOURS
Phase Hours
1. Design Engineering 48
2. Resident Engineering 160
Total 208
IN WITNESS WHEREOF, the parties have caused this 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) of the State of
Illinois, acting by and through its
By:
Title:
(seal)
By:
ere (dept Title: V O\ (10e0%
ArrEST :
Executed by the ENGINEER:
Banner Consultants, Inc.
7667 W. 95th Street - Suite 1E
Hickory Hills, Illinois 60457
(seal)
A'rr ST:
By:01L. )J4k31.\20-fa By: iii\j-
ANTHONY McNAMARA PATRICIA M. McNAMARA
Title: PRESIDENT Title: VICE PRESIDENT
(seal) (seal)
Certification of Engineer
The ENGINEER certifies that he /she and his /her principals have not
been barred fram 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).
Date: 4 /%4 1°.'..,
Signat e