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R-29-02 04/22/02RESOLUTION RESOLUTION AUTHORIZING APPROVAL OF AN ENGINEERING AGREEMENT WITH FRANK NOVOTNY & ASSOCIATES, INC. IN CONJUNCTION WITH THE FOURTH STREET PAVING & WATER MAIN IMPROVEMENTS WHEREAS, the Village of Lemont requires engineering services related to the Fourth Street Paving & Water Main Improvements; and WHEREAS, the Village of Lemont seeks to utilize the firm of Frank Novotny & Associates, Inc.; and WHEREAS, the Village and Frank Novotny & 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 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 22" day of April , 2002. John Benik Debby Blatzer Peter Coules Connie Markiewicz Steven Rosendahl Jeanette Virgilio AYES NAYS PASSED ABSENT V v v CHARLENE SMOLLEN, Village Clerk Approved by me this 22m1 day of Attest: April , 2002. CHARLENE SMOLLEN, Village Clerk Approved as to form: JOHN ANTONOPOULOS, Village Attorney Owner: Village of Lemont L 0 C A L A G E N Y AGREEMENT FOR ENGINEERING SERVICES FOR CONSTRUCTION GUIDANCE C 0 N S U L T A T Engineer: Frank Novotny & Associates, Inc. Address: 418 Main Street Address: 825 Midway Drive City: Lemont, IL 60439 City: Willowbrook Project No.: 99279 State: Zip: Illinois 60527 THIS AGREEMENT, made and entered into this day of , 2002, by and between FRANK NOVOTNY & ASSOCIATES, INC., whose address is 825 Midway Drive, Willowbrook, Illinois, 60527, hereinafter called the "ENGINEER ", and the VILLAGE OF LEMONT, whose address is 418 Main Street, Lemont, Illinois, 60439, hereinafter called the "OWNER" covers certain professional Engineering services in connection with the proposed improvement designated as Fourth Street Paving & Water Main Improvements, which scope of construction work consists of the reconstruction of Fourth Street, from Country Lane to McCarthy Road, to a twenty -seven foot (27') width, back -to -back of curbs in a sixty -six foot (66') and forty foot (40') width right -of -way, including pavement removal and replacement, combination concrete curb and gutter, on -site storm sewer, water main, and appurtenances, a net length of approximately 2,300 feet. WITNESSETH THAT, in consideration of these premises and of the mutual covenants herein set forth, THE ENGINEER AGREES, I. To perform or be responsible for the performance of the following Engineering Services for the Owner in connection with the proposed improvement hereinbefore described: 0 a. Furnish construction observation. Construction observation shall include: 1. Consultation on interpretation of Plans and Specifications and any changes under consideration as construction proceeds. 2. Periodical job -site observation by the Engineer, or his representatives, as construction progresses. Page 1 of 5 3. Oversee the testing of sewer and /or water lines to determine whether the completed project meets the requirements as outlined in the Specifications. 4. Preparing and /or checking all payment estimates, change orders, records, and reports required by the Owner or governmental agencies. Engineer shall attempt to submit the Contractor's Mechanics Lien Waivers and Sworn Statements with any payment recommendation; however, if such are not provided, then the payment recommendation shall be conditioned upon their receipt. 5. Observation of the Contractor's operations for compliance with the Plans and Specifications as construction progresses and the keeping of complete projects records. Engineer shall attempt to provide written notice to Owner of Contractor's failure to carry out the work in substantial accordance with the Contract. Documents, of which Engineer has actual notice and of the corrective action required to remedy same. 6. Checking all shop and working drawings as applicable. 7. Reviewing and checking all reports by testing laboratories on equipment and material tested. 8. Conducting final inspection of construction and preparation of final papers and reports. 9. Revision of Contract drawings to show location and nature of improvement as record drawings, from information furnished by the Contractor. b. Furnish or cause to be furnished: 1. Proportioning and testing of concrete mixtures in accordance with the "Manual of Instructions for Concrete Proportioning and Testing" issued by the Bureau of Materials and Physical Research, of the Illinois Department of Transportation. 2. Proportioning and testing of bituminous mixtures (including extracting test) in accordance with the "Manual of Instructions for Bituminous Proportioning and Testing" issued by the Bureau of Materials and Physical Research, of the Illinois Department of Transportation. 3. Compaction tests as required by the Specifications. 4. Quality and sieve analyses on local aggregates to see that they comply with the Specifications contained in the Contract. 5. Furnish inspection of all materials when inspection is not provided at the sources by the Bureau of Materials of the Illinois Department of Transportation, if required by the Owner. Page 2 of 5 II. To attend conferences to be held at the request of the Owner in addition to normal visits for observation purposes, and visit the site and review the work at any reasonable time when requested to do so by the Owner. 11I. The Engineer will carry General Liability insurance in the amount of not less than $1,000,000; Workman's Compensation of not less than $500,000; and Professional Liability insurance of not less than $1,000,000. The Engineer shall name the Owner as "Additional Insured" on the Engineer's General Liability policy. THE OWNER AGREES, I. To pay for the services stipulated in Paragraph I -a of "THE ENGINEER AGREES ", a sum of money: 0 a. Based on the hourly rates stipulated below for personnel assigned to this project as payment in full to the Engineer for the actual time spent in providing these services, the hourly rates include profit, overhead, readiness -to- serve, insurance, social security and retirement deductions. The classifications of the employees used in the work should be consistent with the employee classifications for the services performed. Grade Classification of Employee Hourly Rate Range Principal $120.00 - $125.00 Associate Principal $110.00 - $120.00 Engineer $ 75.00 - $110.00 Sr. Technician $ 90.00 - $110.00 Technician $ 65.00 - $ 95.00 Draftsman $ 65.00 - $ 80.00 Instrument Man $ 65.00 - $ 90.00 Rodman $ 40.00 - $ 75.00 Inspector $ 65.00 - $ 80.00 Technical Assistant $ 40.00 - $ 65.00 If the Engineer incurs and must pay his employees overtime at premium rates, the billable rate charged above for each respective employee so affected shall be increased by twenty -five percent (25 %). The 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 December 31, 2002. In event the services of the Engineer extend beyond that date, the hourly rates will be adjusted yearly by addendum to this Agreement to compensate for increases in the salary structure of the Engineer that are in effect at that time. Page 3 of 5 II. To pay for services stipulated in Paragraph I -b of "THE ENGINEER AGREES ", the Owner agrees to allow the Engineer to sublet all of the services provided under the paragraphs cited above. The Owner will pay the actual cost to the Engineer plus a five percent (5 %) service charge. The Cost to Engineer is to be verified by furnishing the Owner copies of paid invoices from the party doing the work. III. That payments due the Engineer for services rendered pursuant to 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 the construction of the improvement, ninety percent (90 %) of the fee due for services stipulated in Paragraphs I -a and b. Upon completion of all final reports required by the Owner and acceptance of the improvement, one hundred percent (100 %) of the total fees due under this Agreement, less any previous payments. Partial payments, not to exceed ninety percent (90 %) of the amount earned, may be made from time to time as the work progresses. IV. That the Engineer does not guarantee and shall not be responsible for the Contractor's or subcontractors means methods, techniques, sequences, procedures, timely performance, or the safety programs and precautions incident thereto, since they are solely the Contractor's rights and responsibilities; and also that the Engineer has no authority to stop work on behalf of the Owner. V. That should the Owner require the Engineer to purchase insurance over and above the coverage normally carried by the Engineer and noted in. Part 111 of the "ENGINEER AGREES ", or require that the Owner be named as an "additional insured" on the Engineer's policy, the Owner will reimburse the Engineer at his actual invoice cost for the additional insurance coverage requested. IT IS MUTUALLY AGREED, I. That any difference between the Engineer and the Owner 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 Owner and a third member appointed by the two other members for disposition, and that the committee's decision shall be final. I1. The laws governing this Agreement shall be the law of the State of Illinois. III. This Agreement may be terminated by the Owner upon giving notice in writing to the Engineer at his last known post office address. Page 4 of 5 EXECUTED BY THE OWNER, this dated day of P pr 1 , 2002. ATTEST: VILLAGE OF LEMONT 418 MAIN STREET LEMONT, ILLINOIS 60439 Printed Name/Title: Charlene M. Smollen, Clerk SEAL Approved As To Form: * * * * * * * * ** John Antonopoulos, Attorney EXECUTED BY THE ENGINEER, this 11th day of April, 2002. ATTEST: By: FRANK NOVOTNY & ASSOCIATES, INC. 825 MIDWAY DRIVE WILLOWBROOK, ILLINOIS 60527 By: Printed Name/Title: Timot e P. Geary, Secretar�l` SEAL Printed Name/Title: James L. Cainkar, President Page 5 of 5 BACKUP DATA TO CONTRACT PROPOSAL DATE 4/10/02 PAGE 1 of 1 NE Firm and Location Frank Novotny & Associates, Inc., 825 Midway Drive, Willowbrook, IL 60527 SPECIFY PHASE OF WORK Project/Construction Management Services ESTIMATOR James L. Cainkar, P.E. Job Title Fourth Street Paving & Water Main Improvements Country Lane to McCarthy Road JOB LOCATION Fourth Street, Lemont Illinois DIRECT LABOR COSTS PRODUCTION ELEMENT ENGINEERING DRAFTING TYPING (if not indirect) HOURS RATE TOTAL HOURS RATE TOTAL HOURS RATE TOTAL Project Director 80 $115.00 $9,200.00 Resident Engineer 340 $ 85.00 $28,900.00 Resident Engineer (Overtime) 50 $106.00 $5,300.00 Inspector 220 $ 67.00 $14,740.00 CADD Operator 20 $80.00 $1,600.00 Survey Crew 16 $125.00 $2,000.00 TOTAL 706 $60,140.00 20 $1,600.00 FEE ESTIMATE DIRECT LABOR COSTS (DLC) COMBINED OVERHEAD ( OTHER DIRECT EXPENSES CADD PHONE OVERNIGHT DELIVERY SURVEY EQUIPMENT PRINTING SUMMARY % OF DCL) (Included in Overhead Rate) -TOTAL FEE $61,740.00 MATERIAL TESTING & INSPECTION (by others) PROFIT ( % of Sub - Total) TRAVEL (Included VEHICLES AUTO MILEAGE PER DIEM OTHER SUB in Overhead Rate) $61,740.00 TOTAL $61,740.00 NOTE: Consultants or Subcontractors use same forms. SPK FORM 476 1 MAY 87 Previous editions are obsolete