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R-25-00 02/28/2000RESOLUTION R.R3---,00 RESOLUTION AUTHORIZING APPROVAL OF AN ENGINEERING AGREEMENT WITH FRANK NOVOTNY & ASSOCIATES, INC. IN CONJUNCTION WITH THE McCARTHY ROAD SIDEWALK PROJECT (PHASE II - FOURTH STREET TO WOODCREST LANE) WHEREAS, the Village of Lemont requires engineering services related to the McCarthy Road Sidewalk Project (Phase II - Fourth Street to Woodcrest Lane); 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 28th day of February , 2000. AYES NAYS PASSED ABSENT John Benik Debby Blatzer Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker V ev HA' NE SMOLLEN, Village Clerk Approved by me this 28th day of "ebruary , 2000. i AIL _� AS ESKI, Village President CHARLENE SMOLLEN, Village Clerk THIS AGREEMENT, made and entered into this day of 2000, 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, Illinois, hereinafter called the "OWNER" covers certain Professional Engineering Services in connection with the proposed improvement designated as "McCARTHY ROAD SIDEWALKS — PHASE 2: FOURTH STREET TO WOODCREST DRIVE ", which project consists of the installation of a 5 -foot width concrete sidewalk on the north side of McCarthy Road, from Fourth Street to Woodcrest Drive. 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: (xx) a. Make such remaining detailed surveys as are necessary for the preparation of detailed Sidewalk Plans, using the existing topography previously supplied by the Village as the base design sheet. (xx) b. Make complete general and detailed Plans, Special Provisions, Proposals, and Estimates of Cost, and furnish the Owner 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 Owner by the Engineer at his actual cost for reproduction. Page 1 of 8 Owner: Village of Lemont <ozmO>r >OOr1 AGREEMENT FOR ENGINEERING SERVICES FOR PRELIMINARY ENGINEERING AND CONSTRUCTION OBSERVATION C�zD�rcoz00 Engineer: Frank Novotny & Associates, Inc. Address: 825 Midway Drive Address: 418 Main Street City: Willowbrook City: Lemont, IL 60439 State: Zip: Illinois 60521 Project No.: 99216 THIS AGREEMENT, made and entered into this day of 2000, 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, Illinois, hereinafter called the "OWNER" covers certain Professional Engineering Services in connection with the proposed improvement designated as "McCARTHY ROAD SIDEWALKS — PHASE 2: FOURTH STREET TO WOODCREST DRIVE ", which project consists of the installation of a 5 -foot width concrete sidewalk on the north side of McCarthy Road, from Fourth Street to Woodcrest Drive. 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: (xx) a. Make such remaining detailed surveys as are necessary for the preparation of detailed Sidewalk Plans, using the existing topography previously supplied by the Village as the base design sheet. (xx) b. Make complete general and detailed Plans, Special Provisions, Proposals, and Estimates of Cost, and furnish the Owner 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 Owner by the Engineer at his actual cost for reproduction. Page 1 of 8 ( ) 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 fumish 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. Make or cause to be made such traffic studies and counts and special intersection studies as may be required to fumish sufficient data for the design of the proposed improvement. Prepare reports or permit applications for Army Corps of Engineers or IDOT Division of Water Resources permits, or other detailed hydraulic reports that are required by any agency having jurisdiction over part of this project. Furnish the Owner with surveys and drafts in quadruplicate 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. Submit Plans and Specifications to the regulatory agencies for routine permits and /or approval. Assist the Owner in the tabulation and interpretation of the Contractors' proposals and recommend to Owner those Contractors that Engineer thinks, to the best of his knowledge, are qualified to accomplish the project.. Provide full time resident engineer and /or inspectors, if requested by Owner. 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 at intervals appropriate to the stage of construction by the Engineer, or his representatives, as construction progresses, and provision of written field reports, if requested by Owners, and written notice to Owner of any fault or defect or nonconformance with the Specifications of which Engineer becomes aware. 3. Oversee the testing of sewer and /or water lines to determine whether the completed projects meet 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. Owner requires Mechanics' lien waivers and sworn statements listing subcontractor and materialmen, which Engineer shall submit with any payment certificates. If such are not provided, then the payment certificate shall be conditioned upon their receipt. 5. Observation of the Contractors operations for compliance with the Plans and Specifications and the keeping of complete projects records, but the Engineer does not guarantee the Contractors performance under his Page 2 of 8 Contract with the Owner, however, Engineer shall provide written notice to Owner of Contractor's failure to carry out the work in accordance with the Contract Documents of which Engineer has actual notice and of the corrective action taken. 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. (xx) k. 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. I1. That all reports, Plans, plats, 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, and shall meet all applicable federal, state and local statutes, ordinances, rules and regulations in existence at the time of preparation, it being understood that all such reports, plats, Plans and drafts, shall before being finally accepted, be subject to approval by the Owner. III. To attend conferences to be held at the request of the Owner in addition to normal visits for observation purposes and visit the site of 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. Page 3of8 V. In the event Plans or surveys are found to be in error during construction of the PROJECT due to failure to meet the requirements of Paragraph II of the "ENGINEER AGREES" Section of this Agreement or 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 Plans, 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 Plans and other documents fumished 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 less than $1,000,000, and name Owner as "additional insured ". THE OWNER AGREES, I. To pay the ENGINEER as compensation for all services performed as stipulated in Paragraphs I -a, b, g and h of "THE ENGINEER AGREES" in accordance with one of the following methods: ( ) a. A sum of money equal to N/A percent of the awarded Contract price for the proposed improvement. ( ) b. 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: 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 $ 400,000 Next $1,000,000 Next $2,000,000 (xx) c. A lump sum fee of $ 8.000.00 N/A 0. To pay for services stipulated in Paragraphs l -c, d, e, f, i, and k 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 Page 4 of 8 a five percent (5 %) service charge. "Actual" Cost to Engineer to be verified by furnishing the OWNER copies of invoices from the party doing the work. III. To pay for the services stipulated in Paragraph I -j of "THE ENGINEER AGREES ", a sum of money: ( ) a. (xx) b. Equal to N/A percent of the amount determined by multiplying the final Contract cost by the percentage(s) set forth under Paragraph I 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. 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 Range Principal $100.00 - $110.00 Associate Principal $ 90.00 - $100.00 Engineer $ 68.00 - $ 90.00 Sr. Technician $ 80.00 - $100.00 Technician $ 55.00 - $ 85.00 Draftsman $ 55.00 - $ 80.00 Instrument Man $ 60.00 - $ 85.00 Rodman $ 65.00 - $ 80.00 Inspector $ 45.00 - $ 65.00 Part -Time $ 40.00 - $ 50.00 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, 2000. The total fee for this section shall not exceed $ 10,000.00 , without authorization, in writing, from the Village. 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 "Local Government Prompt Payment Act" and in accordance with the following schedule. a. Upon completion of preliminary design criteria, preliminary Plan layout and rough Estimates of Cost based upon these Plans, thirty percent (30 %) of the design fee as determined by the Estimate of Cost. b. Upon completion of detailed Plans, 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 Cost less any previous payments. Page 5 of 8 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, less any previous payments. d. Upon completion of the construction of the improvement, ninety percent (90 %) of the fee due for services stipulated in Paragraphs l -i, j, and k. 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 1 -a and 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 ENGINNER 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. VI. That should the OWNER require substantial changes in any of the detailed Plans, 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 on the basis of Paragraph III (b) of the "OWNER AGREES" Section ". 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. VII. That, should the completion of the improvement extend beyond the time limit given in the "Contractors Agreement ", the OWNER will pay the ENGINEER, in addition to the fees provided herein, his actual cost incurred beyond such time limit - "actual cost" being defined as in Paragraph III (b) above. VIII. That, the Engineer is not responsible for the Contractors means, methods, techniques, sequences, procedures or the safety programs and precautions incident thereto. Page6of8 IT IS MUTUALLY AGREED, I. The law goveming this Agreement shall be the law of the State of Illinois and venue for disputes hereunder shall be Cook County, Illinois. II. 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 and subsurface investigations with the understanding that all such material becomes the property of the OWNER. 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 payment 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. I11. 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 Cost as prepared by the ENGINEER. Page 7 of 8 EXECUTED BY THE OWNER, this 2'1/$ day of ATTEST: Title: Charlene M. Smollen, Clerk AlloxuaAn/ VILLAGE OF LEMONT , 2000. (OWNER) 418 MAIN STREET Title: Richard A. Kwasneski. Mayor APPROVED AS T FORM John ntonopoulo * * * * * * * * ** lage Attorney EXECUTED BY THE ENGINEER, this day of 2000. FRANK NOVOTNY & ASSOCIATES, INC. 825 MIDWAY DRIVE WILLOWBROOK, ILLINOIS 60521 Bv• ATTEST: - Title: Robert G. Boehm. President Bv: Title: James L. Cainkar, Secretary SEAL Page 8 of 8