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R-47-03 Authorizing Approval Of An Engineering Agreement With Frank Novotny & Associates, INC. In Conjunction With The Country Lane/Court Reconstruction ProjectRESOLUTION R-T-1-027, RESOLUTION AUTHORIZING APPROVAL OF AN ENGINEERING AGREEMENT WITH FRANK NOVOTNY & ASSOCIATES, INC. IN CONJUNCTION WITH THE COUNTRY LANE /COURT RECONSTRUCTION PROJECT WHEREAS, the Village of Lemont requires engineering services related to the Country Lane /Court Reconstruction Project; 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 23rd day of June , 2003. Debby Blatzer Peter Coules Steven Rosendahl Ronald Stapleton Brian Reaves Jeanette Virgilio AYES NAYS PASSED ABSENT /74? / 2 e 6t -41' ARLENE SMOLLEN, Village Clerk Approved by me this 23rd day of June , 2003. Attu ENE SMOLL JO F. P ZA, Village P Approved as to fo ANTONOPOUL IQ Village Attorney Owner: Village of Lemont L 0 C A L A G E N Y AGREEMENT FOR ENGINEERING SERVICES FOR CONSTRUCTION GUIDANCE/ ENGINEERING SERVICES 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.: 02021 State: Zip: Illinois 60527 THIS AGREEMENT, made and entered into this day of , 2003, 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 Country Lane/Country Court Paving & Water Main Improvements and Kromray Road Resurfacing, which scope of construction work consists of the reconstruction of Country Lane, from Fourth Street to Kromray Road, and Country Court, north of Country Lane, to a twenty -seven foot (27') width, back -to -back of curbs in a sixty -six foot (66') width right -of -way, including pavement removal and replacement, combination concrete curb and gutter, on -site storm sewer, water main, and appurtenances; and the resurfacing of Kromray Road, from Country Lane to McCarthy Road, including bituminous surface removal and resurfacing, for a net length distance of 2,510 feet (0.4754 miles) to be improved. 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 Construction Management and Engineering Services for the Owner in connection with the proposed improvement hereinbefore described: 0 a. Furnish construction guidance, which shall include: 1. Consultation on interpretation of Plans and Specifications and any changes under consideration as construction proceeds. Page 1 of 5 2. Part-time job -site observation by the Engineer, or his representatives, as construction progresses. 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 and coordination 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 extraction 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. III. 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 $119.00 - $129.00 Engineer $ 75.00 - $110.00 Senior Technician $ 90.00 - $115.00 Technician $ 72.00 - $ 88.00 CAD Technician $ 75.00 - $ 88.00 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, 2003. 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. The total fee for this section shall not exceed $27,840.00, unless the project exceeds the working days or time limit noted in the construction contract, in which case the compensation ceiling shall, if necessary, be adjusted to account for this expanded Scope of Work. 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. Page 3 of 5 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. 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, Tess 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 makes no warranties, either expressed or implied, in connection with this Agreement or the services provided thereunder, and shall not be responsible for the Contractor's or subcontractors means, methods, techniques, sequences or procedures, timely performance, safety programs and precautions incident thereto, or construction, since they are solely the Contractor's rights and responsibilities under the Contract documents; and that the Engineer has no authority to stop work on behalf of the Owner. Nor shall the Engineer be responsible for the acts or omissions of the Owner provided that the Engineer has properly executed his duties. The Engineer shall not be responsible for the failure of the Owner, any architect, engineer, consultant, contractor or subcontractor to carry out their respective responsibilities in accordance with the project documents or any other agreement concerning this project. 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 III 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. II. 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 day of , 2003. ATTEST: By: .,724-‘ente127 Printed Name/Title: Charlene M. SEAL Smollen, Clerk VILLAGE OF LEMONT 418 MAIN STREET LEMONT, ILLINOIS 60439 By: John F. Piaz - dent Print Nam d itle: Approved As To Form: * * * * * * * * ** John Antonopoulos, Attorney EXECUTED BY THE ENGINEER, this 22nd day of May, 2003. ATTEST: By: FRANK NOVOTNY & ASSOCIATES, INC. 825 MIDWAY DRIVE WILLOWBROOK, ILLINOIS 60527 By: Printed Name/Title: James L. Cainkar, President Printed Name/Title: SEAL Page 5of5 BACKUP DATA TO CONTRACT PROPOSAL DATE 05/22/03 PAGE 1 of 1 A/E Firm and Location Frank Novotny & Associates, Inc., 825 Midway Drive, Willowbrook, IL 60527 SPECIFY PHASE OF WORK Construction Guidance / Engineering Services ESTIMATOR James L. Cainkar, P.E. Job Title Country Lane /Country Court Paving & Water Main Improvements and Kromray Road Resurfacing, Lemont, IL JOB LOCATION Country Lane / Country Court / Kromray Road DIRECT LABOR COSTS PRODUCTION ELEMENT ENGINEERING DRAFTING TYPING (if not indirect) HOURS 1 RATE TOTAL HOURS RATE TOTAL HOURS RATE TOTAL For Design and Construction Inspection Project Director 30 119.00 $3,570.00 Resident Engineer 80 102.00 $8,160.00 Engineering Technician 145 78.00 $11,310.00 Part -Time Summer Help 120 40.00 $4,800.00 TOTAL $27,840.00 FEE ESTIMATE DIRECT LABOR COSTS (DLC) SUMMARY $27,840.00 COMBINED OVERHEAD ( % OF DCL) OTHER DIRECT EXPENSES (Included in Direct Labor Rate) CADD PHONE OVERNIGHT DELIVERY SURVEY WORK PRINTING MATERIAL TESTING & INSPECTION $1 ,000.00 $1,000.00 SUB -TOTAL $28,840.00 PROFIT ( % of Sub - Total) (Included in Direct Labor Rate) TRAVEL VEHICLES N/A AUTO MILEAGE N/A PER DIEM N/A OTHER N/A TOTAL FEE $28,840.00 NOTE: Consultants or Subcontractors use same forms. SPK FORM 476 1 MAY 87 Previous editions are obsolete Project #02021