R-25-01 Authorizing Approval of an Engineering Agreement with Frank Novotny & Associates, Inc. in Conjunction with the 2001 Road Maintenance ProgramRESOLUTION k_R c- c) /
RESOLUTION AUTHORIZING APPROVAL OF AN ENGINEERING
AGREEMENT WITH FRANK NOVOTNY & ASSOCIATES, INC.
IN CONJUNCTION WITH THE 2001 ROAD MAINTENANCE PROGRAM
WHEREAS, the Village of Lemont requires engineering design services related to the
2001 road maintenance Program; 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 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 9th day of April , 2001.
John Benik
Debby Blatzer
Keith Latz
Connie Markiewicz
Rick Rimbo
Mary Studebaker
AYES
JJ
1
NAYS PASSED ABSENT
CHARLENE SMOLLEN, Village Clerk
Approved by me this 9th day of April , 2001.
Attest:
"411." RD 'PF AS � i g esident
/./ Id
RLENE SMOLLE
Village Clerk
Owner:
Village of Lemont
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AGREEMENT FOR
ENGINEERING SERVICES
FOR
ENGINEERING
DESIGN
CONSTRUCTION
GUIDANCE
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Engineer:
Frank Novotny &
Associates, Inc.
Address:
418 Main Street
Address:
825 Midway Drive
y
City:
Lemont, IL 60439
City:
Willowbrook
Project No.:
01081
State: Zip:
Illinois 60521
THIS AGREEMENT, made and entered into this day of
, 2001, by and between FRANK NOVOTNY & ASSOCIATES, INC.,
whose address is 825 Midway Drive, Willowbrook, Illinois, 60521, hereinafter called the
"ENGINEER ", and the VILLAGE OF LEMONT, whose address is 418 Main Street, Lemont, IL
60439, hereinafter called the "OWNER" covers certain professional Engineering services in
connection with the proposed improvement designated as 2001 ROAD MAINTENANCE
PROGRAM, which scope of construction work consists of the pavement resurfacing and minor
repair of certain streets, as follows:
Street Location
Logan Street:
Czacki Street:
Moczygemba Street:
Division Street:
East Street:
Cass Street:
Division Street:
Singer Avenue:
Joliet Street:
Ledochowski Street:
Sobieski Street:
McCarthy Street:
Warner Avenue:
Warner Avenue:
Eureka Avenue:
Hermes Avenue:
Singer Avenue:
Norton Avenue:
Eureka Avenue:
Houston Street:
First Street:
Weimer Avenue:
Norton Ave. (Dr.):
Kip Place:
Approx. Length
Park to State 1,500
McCarthy to Schultz 1,640
Czacki to Ledochowski 330
Division Court to Czacki 165
Logan to South End 615
Division to State 910
West End to State 1,965
Cass to Logan 1,030
Illinois to Cass 330
McCarthy to Schultz 1,730
Czacki to Ledochowski 330
Sobieski to Schultz 1,000
Custer to Peiffer 2,355
Peiffer to Weimer 660
Walter to Singer 990
Peiffer to Jayne 440
Logan to South of Peiffer 2,200
Warner to State 660
Singer to State 275
McCarthy to Schultz 1,375
McCarthy to South End 2,350
Walter to State 1,300
West of Warner 2,000
Rose Hill to Keepataw 700
TOTAL 26,850 Feet
(5.09 Miles)
Page 1 of 8
WITNESSETH THAT, in consideration of these premises and of the mutual covenants
herein set forth,
THE ENGINEER AGREES,
1. To perform or be responsible for the performance of the following Engineering Services
for the Owner in connection with the proposed improvement hereinbefore described:
[xx] a. Make such general surveys as are necessary for the preparation of detailed
Special Provisions.
[xx] b. Make complete general and detailed Special Provisions, Proposals, and
Estimates of Probable Cost, and furnish the Owner with five (5) copies of the
Special Provisions, Proposals and Estimates. Additional copies of any or all
documents, if required, shall be furnished to the Owner by the Engineer at his
actual cost for reproduction. It is understood that due to the construction scope
of this project, detailed Plan Sheets will not be required.
[ ] c. 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
Illinois Department of Transportation.
[ ] d. Make or cause to be made such sewer televising investigations as may be
required to furnish sufficient information for the design of the proposed
improvement.
[ ] e. 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.
Prepare reports or permit applications for Army Corps of Engineers and /or IDNR
Division of Water Resources permits, or other detailed hydraulic reports that are
required by any agency having jurisdiction over part of this project, including
countywide stormwater and special management area permits.
Furnish the Owner with ten (10) copies, with recordable original, of surveys and
drafts of all necessary right -of -way dedications, boundary and lot surveys,
construction easements, and borrow pit and channel change agreements
including prints of the corresponding plats and staking as required.
[xx] h. Submit Specifications to the regulatory agencies for routine permits and /or
approvals not noted above.
[xx] i. Assist the Owner in the tabulation and interpretation of the Contractors'
proposals.
[ ]f.
[ ] g•
Page 2 of 8
Furnish construction observation. Construction observation shall include:
1. Consultation on interpretation of Specifications and any changes under
consideration as construction proceeds.
2. Periodical 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 projects 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
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.
[xx] k. Provide construction layout.
[xx] I. 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.
Page 3 of 8
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.
11. That all reports and Special Provisions to be furnished by the Engineer pursuant to this
Agreement will be in accordance with the current accepted standard specifications and
engineering practices, it being understood that all such reports and drafts, shall before being
finally accepted, be subject to approval by the Owner.
111. 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.
IV. 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 Owner without cost and without restriction or limitation as to their use.
V. In the event Special Provisions or surveys are found to be in error during construction of
the PROJECT due to the negligence or willful misconduct of the Engineer, and revisions of the
plans or survey corrections are necessary, the Engineer agrees that he will perform such work
without expense to the Owner 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.
VI. To make such changes in working Special Provisions, including all necessary
preliminary surveys and investigations, as may be required after the award of the construction
Contract and during the construction of the improvement.
VII. That all Special Provisions 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.
VIII. 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 Tess 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 the Engineer as compensation for all services performed as stipulated in
Paragraphs l-a, b, h and i of "THE ENGINEER AGREES" in accordance with one of the
following methods as marked:
[ ] a.
[ ] b.
A sum of money equal to percent of the awarded Contract price for
the proposed improvement.
A sum of money equal to the percentage of the awarded Contract cost for the
proposed improvement as approved by the Owner based on the following
schedule:
Page 4 of 8
SCHEDULE FOR PERCENTAGES BASED ON AWARDED CONTRACT COST
Under $ 50,000
First $ 50,000
Next $ 50,000
Next $ 100,000
Next $ 200,000
Next $ 200,000
Next $ 450,000
Next $1,000,000
Next $2,000,000
Next $6,000,000
OA
OA
OA
%
[xx] c. A lump sum fee of $4,600.00.
II. To pay for services stipulated in Paragraphs I -c, d, e, f, g and I 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. To pay for the services stipulated in Paragraph I -j and k of "THE ENGINEER AGREES ",
a sum of money:
[ ] a.
[xx] b.
Equal to percent of the amount determined by multiplying the final
Contract cost by the percentage(s) set forth under Paragraph 1 of "THE
ENGINEER AGREES ".
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 $105.00 - $115.00
Associate Principal $100.00 - $105.00
Engineer $ 70.00 - $100.00
Sr. Technician $ 80.00 - $100.00
Technician $ 58.00 - $ 85.00
Draftsman $ 56.00 - $ 80.00
Instrument Man $ 60.00 - $ 85.00
Rodman $ 56.00 - $ 75.00
Inspector $ 55.00 - $ 75.00
Technical Assistant $ 40.00 - $ 50.00
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 %).
Page 5 of 8
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,
2001. 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 cost of Section III -b noted
above shall not exceed $28,000.00, without written approval by the OWNER.
IV. 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 preliminary design criteria, preliminary Special Provision
layout and rough Estimates of Probable Cost based upon these Plans, thirty
percent (30 %) of the design fee as determined by the Estimate of Probable Cost.
b. Upon completion of detailed Special Provisions, Proposals and Estimate of Cost
- being the work required by Paragraphs I -a, b, c, d, e, f, g and h of "THE
ENGINEER AGREES" - to the satisfaction of the Owner, ninety percent (90 %) of
the total fee based on the above fee schedule and the approved Estimate of
Probable Cost less any previous payments.
c. Upon award of the Contract for the improvement by the Owner, one hundred
percent (100 %) of the total fee based on the above fee schedule and the
awarded Contract cost, Tess any previous payments.
d. Upon completion of the construction of the improvement, ninety percent (90 %) of
the fee due for services stipulated in Paragraphs 1-j, k and 1.
e. 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.
V. That, should the improvement be abandoned at any time after the Engineer has
performed any part of the services provided for in Paragraphs I -a and I -b, and prior to the
completion of such services, the Owner shall reimburse the Engineer an amount which bears
the same ratio to the total fee otherwise payable under this Agreement as the services actually
rendered hereunder by the Engineer bear to the total services necessary for the full
performance of this Agreement, such payment plus all reimbursable payments then due, shall
be in full discharge of all rights of the Engineer under this Agreement.
VI. That should the Owner require changes in any of the detailed Specifications or estimates
(except for those required pursuant to Paragraph V of "THE ENGINEER AGREES ") after they
have been approved by the Owner, the Owner will pay the Engineer for such changes at the
hourly rates noted in Paragraph III(b) of the above, and for his sublet expenses as noted in Part
11 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.
Page 6 of 8
VII. That, should the completion of the improvement extend beyond the time limit given in the
construction contract, the Owner will pay the Engineer, in addition to the fees provided herein,
his cost incurred beyond such time limit - at the hourly rates noted in Section III(b) above, and or
his sublet expenses as noted in Part II above.
VIII. 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 that the Engineer has no authority to stop work on behalf of the
Owner.
IX. That, since the Engineer has no control over the cost of labor, material and equipment,
the estimate of probable construction cost is not a guarantee of actual construction cost, but is
the Engineer's professional opinion as to the probable cost of construction at the time of
preparation of the estimate.
X. That should the Owner require the Engineer to purchase insurance over and above the
coverage normally carried by the Engineer and noted in Part VIII 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. Upon such termination, the Engineer shall
cause to be delivered to the Owner all drawings, Specifications, partial and completed estimates
and data if any from traffic studies and soil survey, subsurface and sewer televising
investigations with the understanding that all such material becomes the property of the Owner.
Owner acknowledges that if conflicts exist between electronically transmitted documents and
hard copy documents, the hard copy documents prevail. If the Agreement is terminated or the
Contract for Construction has not been awarded one (1) year after the acceptance of the Plans
by the Owner, the Engineer shall be paid for services completed and services partially
completed, an amount which bears the same ratio to the total fee otherwise paid under this
Agreement as the services actually rendered hereunder by the Engineer bear to the total
services necessary for the full performance of this Agreement and such payment, plus all
reimbursable payments then due, shall be in full discharge of all rights of the Engineer under
this Agreement
Page 7 of 8
IV. That if the contract for construction has not been awarded one (1) year after the
acceptance of the Plans by the Owner, the Owner will pay the Engineer the balance of the
engineering fee due to make one hundred percent (100 %) of the total fees due in accordance
with the terms of this Agreement, based on the Estimate of Probable Cost as prepared by the
Engineer.
EXECUTED BY THE OWNER, this
ATTEST:
day of , 2001.
VILLAGE OF LEMONT
418 MAIN STREET
LEMONT, ILLINOIS 60439
Printed
Name/Title:
Printed
Name/Title: Charlene M. Smollen, Clerk
SEAL
* * * * * * * * **
, President
EXECUTED BY THE ENGINEER, this 22nd day of March , 2001.
ATTEST:
FRANK NOVOTNY & AS
825 MIDWAY DRI
WILLOWBRO
By:
IATES, INC.
60521
Printed
Name/Title: James L. Cainkar, President
Printed
Name/Title: Timothy P. Geary, Secretary
SEAL
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