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R-58-97 Resolution authorizing adoption of supplementITEM V . C . 6 RESOLUTIOr _ t 7 7 RESOLUTION AUTHORIZING ADOPTION OF SUPPLEMENT NO. 1 TO AN ENGINEERING AGREEMENT WITH BEAM, LONGEST AND NEFF FOR PHASE HI CONSTRUCTION ENGINEERING ON MAIN STREET (ILLINOIS TO STATE STREET OVERPASS) WHEREAS, the Village of Lemont has committed resources to perform Phase III construction inspection services for a section of Main Street; and WHEREAS, the Village of Lemont has selected BEAM, LONGEST AND NEFF to perform design engineering on this project; and WHEREAS, the Village has received FAU funding on the construction of this project; and WHEREAS, the Village has expanded the scope of services on this project requiring additional engineering services. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees that the attached Supplement No. 2 to the Engineering Agreement be approved. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF 1HE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS, on this 13th day of October , 1997. Barbara Buschman Keith Latz Connie Markiewicz Richard Rimbo Ralph Schobert Mary Studebaker AYES NAYS PASSED ABSENT v V v CHARL E SMOLLEN, Village Clerk Approved by me this 13th day of October Attest: ARLENE SMOLLEN, Village Clerk CHARD A. KWA'� NE ' , age President SEP 30 '97 09 :05AM ANTONOPOULOS JOHN P. ANTONOPOULOS LEE T VIRTEL t3RAOLEY S, GROSELAK LAW OFFICES OF ANTONOPOULOS, VIRTEL, & GROSELAK, P.C. COURTYARD PROFESSIONAL BUILDING 15419 12.7th STREET • SUITE 100 LEI4IONT, ILLINOIS 60439 MEMORANDUM ' TO: Joanna LittreUl, Village Engineer Sohn. P. Antonapoulos, Village,Atterney DATE: September 30, 1997 P.1 /1 TELEPHONE (630) 257.5816 FAX (630) 257 -8612 :Mairt Street Construction Supervision - Beam, Longest & Neff', Inc. (BLN) Please consider this memorandum as ray recommendation for approval of Supplemental No. '1 as outlined in your September 25, 1997 letter. I have Further reviewed Supplemental No. 2 in Connection with outstanding inspection services and I request that both Supplements be executed by the Village Board. /11111• ■, ■.■■■■ 951 North Plum Grove Road, Suite F Schaumburg, Illinois 60173 -4782 847- 706 -9100 847 - 706 -9159 FAX Beam, Longest and Neff, Inc. Consulting Engineers August 8, 1997 Ms. Joanna S. Littrell, P.E. Village Engineer Village of Lemont 418 Main Street Lemont, Illinois 60439 Reference: Main Street Improvement Section No.: 93- 00020 -00 -PV Contract No. 83142 Village of Lemont Cook County Dear Ms. Littrell: Enclosed herewith, please find six (6) signed copies of Supplement No. 1 for Engineering Services on the Main Street Improvement Project. The agreement involves supplemental services as itemized on the attached letter to IDOT. Please return five (5) copies following Board approval, so that we may forward them on to IDOT for further processing. A recent estimate of Final Costs for the construction work identified that the total value of K- Five Construction Company's work will exceed $3.05 million, which is a 15% increase above the award amount. Beam, Longest and Neff (BLN) provided engineering services to monitor and document this extra work in order to fulfill the requirements of the Village's Joint Agreement with IDOT. The percentage increase of BLN's costs identified in this Supplemental Engineering Agreement are in three categories of involvement. They are: a) Construction Engineering for monitoring the Contractor's extra work. Supplemental costs = $16,426.96 (an increase of 7.8 %). b) Engineering Design Change and Plan Revisions. Supplemental costs = $9,062.81 (an increase of 4.3 %). c) Inspection delays when the Contractor was unable to work on the project due to delays caused by IDOT. Supplemental costs = $11,696.20 (an increase of 5.6 %). M:user \3215 \corres\1tr08087.doc Ms. Joanna S. Littrell August 8, 1997 Page 2 We have also enclosed a draft letter for your use in notifying the Southwest Council of Mayors of these anticipated cost increases. Please note that some of the project costs identified in the $3.05 million estimate are not eligible for participation on this project and therefore, are excluded from the figures shown in the letter to the Council. If you have any questions or need more information, please call. Very truly yours, BEAM, LONGEST AND NEFF, INC. Daniel T. Jedrzejak, P.E. Project Manager DTJ:vs Enc. M:user\3215 \corres\1tr08087.doc ?lam. Illinois Department of Transportation Division of Highways /District 1 201 West Center Court /Schaumburg, Iiiinois 60196 -1096 LOCAL ROADS AND STREETS Agreement for Consultant Services - Construction Engineerin Supplement #1 Village of Lemont Main Street from State Street overpass to ILL St. Section: 93- 00020 -00 -PV Project: STPM- 7003(066) August 26, 1997 Mr. Daniel T. Jedrzejak, P.E. Project Manager Beam, Longest & Neff, Inc. 951 North Plum Grove Road Suite F Schaumburg, IL 60195 Dear Mr. Jedrzejak: We have reviewed your letter dated August 5, 1997 concerning the justification for a Supplement #1 to the construction engineering agreement for the subject project, and offer the following comments. 1. Based upon the justification, we agree on 534 additional manhours due to substantial changes, extra work and delays on the construction contract. 2. Include Certification Statement in the Supplement as per the enclosed. This Drug Free Work Place Certification" is required for any contract of $5000 or more, effective January 1, 1992, in accordance with Public Act. Please submit four (4) copies of the Supplement reflecting our comments, and executed by the Village to this office for further processing. If you have any questions or need additional information, please contact Ahmed Raheem, at (847) 705 -4487. Very truly yours, Duane P. Carlson, P.E. District Engineer By: ''"'7 L- 4 ■ Nancy L. Magnus, P.E. Bureau Chief of Local Roads and Streets cc: Joanna S. Littrell, P.E. - Village Engineer of Lemont s: \wp2 \826arld.doc Mayor Richard A. Kwasneski Village Clerk Charlene M. Smollen Administrator Steven A. Jones September 25, 1997 LEMONT Village of Faith 418 Main Street • Lemont, IL 60439 -3788 (630) 257 -1550 Fax (630) 257 -1598 email: vlemont@aol.com Mr. John Antonopoulos Village Attorney Law Offices 15419 127th Street, Suite 100 Lemont, IL 60439 Reference: Main Street Construction Supervision Beam, Longest & Neff, Inc. (BLN) Trustees Barbara Buschman Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Mary Studebaker Dear John: As a follow -up to our discussions on September 18, 1997 (per the Village Board of Trustees request at the Committee of the Whole Meeting on September 15, 1997), could you please prepare a letter concurring that Supplement No. 1 should be executed. Supplement No. 1 is for construction inspection services that were either directed by the Village or the Illinois Department of Transportation. Supplement No. 1 has been reviewed by IDOT- Schaumburg Office and they concur on the estimated man- hours. I have also received a letter from BLN dated September 18, 1997, which outlines the need for Supplement No. 2 (see attached). Supplement No. 2 is to complete all outstanding inspection services. Due to the extended project completion dated beyond the 13 calendar months in the original agreement and with following current IDOT policies and procedures, the tasks required to complete the project are justified and reasonable. Due to unforeseen circumstances as well as additional work directed by IDOT and the Village. it is my recommendation that both supplements are justified and should be executed by the Village Board. c:\sept97 \9257adoc If you have any questions, please feel free to contact me at (630) 257 -1552. Very truly yours, VILLAGE OF LEMONT s . i d-fyg Joanna S. Littrell, P.E. Village Engineer c:lsept97\9257a.doc Route: Main Street (FAU 3587) Project No.: STPM- 7003(66) Section No.: 1993 -095R Job No.: C- 91- 516 -93 Cook County, Illinois SUPPLEMENT NO. 1 TO THE CONSTRUCTION ENGINEERING SERVICES AGREEMENT WHEREAS, The VILLAGE OF LEMONT, the VILLAGE, has entered into an AGREEMENT with BEAM, LONGEST AND NEFF, INC., the CONSULTANT, dated March 11, 1996, and authorized by the Illinois Department of Transportation, the DEPARTMENT, on April 2, 1996; to perform Phase III construction engineering services for reconstruction of Main Street in the Village of Lemont, the PROJECT, and, WHEREAS, the VILLAGE and the DEPARTMENT desire that the CONSULTANT provide additional construction inspection, documentation and change orders and to prepare plan drawing revisions for extra work along Main Street and at the cross streets of Lemont Street, Stephen Street and Holmes Street, in conjunction with the PROJECT; and WHEREAS, the above items require that the CONSULTANT perform Phase III construction engineering for preparing revisions to plans, specifications and addendum's, whereby said work constitutes a change in the scope of work and requires extra work which includes: • Provide plan changes for traffic signals as per [DOT comments, and for comments by the Metropolitan Water Reclamation District to the sanitary sewer system. • Revise and add to special provisions due to plan changes. • Revise plans for extra work to include changes due to parking impacts, revisions to lighting, striping modifications and signing changes. • Process Authorizations and Extra Work invoices for the above referenced work. • Provide construction inspection services while waiting for delays caused by IDOT's changes to the temporary signal installation, sanitary sewer construction changes resulting in material delivery delays and water service connections not previously anticipated. • Engineer and inspect the contractor's daily progress. and, L:ADMIN\M:URKE7AGREE B LN- I0. DOC 1 Route: Main Street (FAU 3587) Project No.: STPM- 7003(66) Section No.: 1993 -095R Job No.: C- 91- 516 -93 Cook County, Illinois SUPPLEMENT NO. 1 TO THE CONSTRUCTION ENGINEERING SERVICES AGREEMENT WHEREAS, The VILLAGE OF LEMONT, the VILLAGE, has entered into an AGREEMENT with BEAM, LONGEST AND NEFF, INC., the CONSULTANT, dated March 11, 1996, and authorized by the Illinois Department of Transportation, the DEPARTMENT, on April 2, 1996; to perform Phase III construction engineering services for reconstruction of Main Street in the Village of Lemont, the PROJECT, and, WHEREAS, the VILLAGE and the DEPARTMENT desire that the CONSULTANT provide additional construction inspection, documentation and change orders and to prepare plan drawing revisions for extra work along Main Street and at the cross streets of Lemont Street, Stephen Street and Holmes Street, in conjunction with the PROJECT; and WHEREAS, the above items require that the CONSULTANT perform Phase III construction engineering for preparing revisions to plans, specifications and addendum's, whereby said work constitutes a change in the scope of work and requires extra work which includes: • Provide plan changes for traffic signals as per IDOT comments, and for comments by the Metropolitan Water Reclamation District to the sanitary sewer system. • Revise and add to special provisions due to plan changes. • Revise plans for extra work to include changes due to parking impacts, revisions to lighting, striping modifications and signing changes. • Process Authorizations and Extra Work invoices for the above referenced work. • Provide construction inspection services while waiting for delays caused by IDOT's changes to the temporary signal installation, sanitary sewer construction changes resulting in material delivery delays and water service connections not previously anticipated. • Engineer and inspect the contractor's daily progress. and, L:ADM1N\MARKETAGREE\BLN -10. DOC 1 Route: Main Street (FAU 3587) Project No.: STPM- 7003(66) Section No.: 1993 -095R Job No.: C- 91- 516 -93 Cook County, Illinois WHEREAS, said Extra Work requires an increase in the upper limit of compensation to the CONSULTANT, for work which was not identified in the AGREEMENT and could not have been reasonably anticipated; and, WHEREAS, the circumstances which necessitate this Supplement were not within the contemplation of the agreement as signed; and, NOW, THEREFORE, BE IT RESOLVED THAT the parties hereto do mutually agree as follows: A. Scope of Work The CONSULTANT shall provide the following Extra Work: • Redesign and evaluation of traffic signals as directed by the Bureau of Traffic. • Redesign and evaluating Metropolitan Water Reclamation District connection to manholes. • Inspection of additional lighting on side streets and preparation of Contract Change Orders. • Redesign of driveways and bituminous surfacing due to parking impacts for building at S.W. corner of Main and Julia Streets. • Revise stripping on Main Street as directed by IDOT. • Re- evaluate and prepare plan changes for revisions to the signing plans. • Prepare drawings and change order for adjusting sanitary sewer on Canal Street. • Review force account billing and inspect additional watermain repairs requested by the Village. • Evaluate and process authorization for signal changes, length of improvement, and sanitary sewer changes along Main Street. • Review, evaluate and process force account bills for extra work by contractor for the future watermain crossing at Grant St., re- grading sub -base due to utility work, and miscellaneous asphalt surfacing. • Perform data collection required for deficient asphalt thickness, take additional cross sections, and calculate fill amounts for low areas to be corrected with level binder. L:ADMIN\MARKET' AGREE\BLN -10. DOC 2 Route: Main Street (FAU 3587) Project No.: STPM- 7003(66) Section No.: 1993 -095R Job No.: C- 91- 516 -93 Cook County, Illinois • Provide inspection for miscellaneous construction activities while waiting for IDOT's resolution for installation of the temporary signals which directly delayed progress on the controlling item of work. B. Prime Compensation In accordance with Sections 4.2 and 4.3 of the AGREEMENT, the Prime Compensation shall be increased as follows: Subject to an Upper Limit of Compensation of $ 37,185.97, the CONSULTANT shall receive as full payment for`completing the work required under this SUPPLEMENT NO. 1, reimbursement of his eligible actual costs in accordance with Section 2.45 of the STANDARD PROVISIONS, plus a Net Fixed Fee of $ 4,433.27. The upper limit of compensation and net fee are a result of Exhibits A, B, C, D and Exhibit E, the Cost Estimate of Consultant Services, all attached herein. With the addition of this SUPPLEMENT NO. 1 to the AGREEMENT, the Prime Compensation for the Phase III Engineering increases from $ 209,668.71 to an Upper Limit of Compensation of $ 246,854.68. IN WITNESS WHEREOF, the parties have executed this Supplement pages numbered 1 through 9 as of this day of August , 1997 for the uses and purposes set forth herein. ATTEST: By: / � IZ'%� Village Clerk Date: /7) / — 7 ATTEST: Date: 4cArt, 6/ ((q7 L: ADMIN .MARKETAGREE\BLN- I0.DOC 3 EXHIBIT A 1997 SCHEDULE OF PERSONNEL AVERAGE SALARIES ACCORDING TO CLASSIFICATION Range Average Classification From To Hourly Rate Engineer V 33.60 35.10 $34.35 Engineer IV 27.60 34.50 30.73 Engineer III 24.00 28.30 27.80 Engineer II 17.50 22.60 20.80 Engineer I 14.80 19.00 16.70 Designer/Detailer 15.60 22.80 19.05 R/W Technician II 15.90 20.90 18.40 R/W Technician I 9.20 13.10 11.15 Draftsman II 12.00 18.50 15.62 Draftsman I 9.00 14.30 11.53 Environmental Analyst II 24.90 24.90 24.90 Environmental Analyst I 12.10 14.00 13.05 Land Surveyor II 19.30 24.00 21.65 Survey Supervisor 23.70 23.70 23.70 Crew Chief 15.10 15.10 15.10 Instrument Man 8.00 13.00 10.50 Survey Technician 13.00 13.00 13.00 Inspector IV 24.50 24.50 24.50 Inspector III 14.20 18.80 16.18 Inspector II 13.50 18.75 15.04 InspectorI 10.80 10.80 10.80 Survey Crew (4 Man) 59.32 59.32 59.32 Survey Crew (3 Man) 46.93 46.93 46.93 Survey Crew (2 Man) 35.53 35.53 35.53 Appraiser/Broker 16.00 23.60 19.80 CADD Operator 7.00 15.00 9.56 CADD Technician 10.00 10.00 10.00 Clerical 13.20 13.20 13.20 'EXHIBIT B PAYROLL BURDEN & FRINGE COSTS % of Direct Productive Payroll Federal Insurance Contributions Act 12.79 Federal Unemployment Compensation 1.00 Workmen's Compensation Insurance .53 Paid Holidays, Vacation, Sick Leave 12.39 Bonus and Incentive Payments 1.02 Qualified Deferred Retirement Benefits 3.98 Group Insurance 10.29 TOTAL PAYROLL BURDEN & FRINGE COSTS 42.00 Source: IDOT Audit Report No. 97 -22 -001 - Fiscal Year Ending 12/31/95 EXHIBIT C OVERHEAD AND INDIRECT COSTS % of Direct Productive Payroll Business Insurance, including accident, liability and valuable papers 6.28 Depreciation 1.08 Indirect Salaries - Administrative, Secretarial, Messenger, Contracts, Negotiations, Proposals, Unassignable Staff Time, and Professional Education 58.56 Reproduction and Printing Costs .90 Office Supplies 3.85 Data Processing 5.12 Professional Services including Legal and Accounting 3.62 Employees Travel, Business Meetings, and Pre - Contract Expenses 9.13 Telephone and Postage 3.74 Recruiting and Relocation Expense .19 Fees, Licenses, Dues, Publications, (Technical and Professional) .71 Utilities and Maintenance 2.87 Office Rent 4.82 Employee Relations 1.54 Personal Property Taxes 1.41 Other Expenses .11 TOTAL OVERHEAD 103.93 Source: IDOT Audit Report No. 97 -22 -001 - Fiscal Year Ending 12/31/95 ROUTE: MAIN ST. (FAU 3587) SECTION: 1993 -095R COUNTY: COOK JOB NO.: C -91- 516 -93 PROJECT: STPM- 7003(66) ESTIMATE O COf SUi.'CA FIRM Beam, Longest and Neff, Inc. OVERHEAD RATE 145.93% ESTIMATE PREPARED BY: DISTRICT DATE: July 7, 1997 COMPLEXITY FACTOR 0 FIRM X (a)- DESCRIBE SERVICES: M:user \3215 \corres \costest2.xls % OF GRAND TOTAL (1) 17.9% 24.4% 26.3% 31.5% EXHIBIT D SHEET 1 OF 2 100.0% ITEM MANHOURS (A) PAYROLL (B) OVERHEAD & FRINGE BENEFITS (C) INHOUSE DIRECT COSTS (D) FIXED FEE (E) SERVICES BY OTHERS (F) (a) NON - PROFIT INHOUSE DIRECT COSTS (G) TOTAL (H) Addit'I Coord. IDOT /MWRD /Contractor 85 2,377.10 3,468.90 792.76 6,638.76 Plan Changes Signal /MWRD /Add. Work 139 3,199.50 4,669.03 1,067.03 127.25 9,062.81 Construction Field Changes 150 3,504.80 5,114.55 1,168.85 9,788.20 Inspect. Delays W/O Working Day Changes 160 3,794.40 5,537.17 960.00 1,404.63 11,696.20 TOTALS 534 12,875.80 18,789.65 960.00 4,433.27 0.00 127.25 37,185.97 (a)- DESCRIBE SERVICES: M:user \3215 \corres \costest2.xls % OF GRAND TOTAL (1) 17.9% 24.4% 26.3% 31.5% EXHIBIT D SHEET 1 OF 2 100.0% ROUTE: MAIN ST. (FAU 3587) SECTION: 1993 -095R COUNTY: COOK JOB NO.: C -91- 516 -93 PROJECT: STPM- 7003(66) ITEM 1 10 U ITEM 2 DATE July 7, 1997 PAYROLL CLASSIFICATION AVG HOURLY RATES ADDITIONAL COORDINATION IDOT /MWRD /CONTRACTOR SCOPE - PLAN CHANGES SIGNAL /MWRD /ADD.WORK CONSTRUCTION FIELD CHANGES INSPECTION DELAYS W/0 WORKING DAY CHANGES HOURS % PART WGTD RATE HOURS % PART WGTD RATE HOURS % PART WGTD RATE HOURS % PART WGTD RATE Project Manager Eng. V 32.50 40 47.06% 15.29 50 35.97% 11.69 10 6.67% 2.17 0.00% 0.00 Design /Const. Eng. 18.50 25 29.41% 5.44 49 35.25% 6.52 0.00% 0.00 0.00% 0.00 Construction Eng. IV 30.73 20 23.53% 7.23 0.00% 0.00 60 40.00% 12.29 80 50.00% r: 15.37 Construction Eng./Tech. 16.70 0.00% 0.00 40 28.78% 4.81 80 53.33% 8.91 80 50.00% . 8.35 TOTALS 85 100.00% 27.97 139 100.00% 23.02 150 100.00% 23.37 160 100.00% 23.72 M:user\3215 \corres \costest2.xls EXHIBIT D SHEET 2 OF 2 EXHIBIT E SUMMARY OF DIRECT COSTS MAIN STREET CONSTRUCTION INSPECTION SUPPLEMENT NO. 1 IN-HOUSE DIRECT COSTS Vehicle Charges - Company Car • 30 Working Days x $32 /day = $960.00 NON - PROFIT IN-HOUSE DIRECT COSTS Data Collection and Photography • Photo Log of Supplemental Work = $25.00 Plan Re- Submittals • Federal Express Delivery to MWRD (3 @ $15.00 /ea) • Plans - 80 sets x 6 sheets x $0.60 /sht. • Specifications - 166 sheets x $0.0557 /sheet TOTAL $45.00 $48.00 $ 9.25 $127.25 GRAND TOTAL = $1,087.25 STATE OF ILLINOIS DRUG FREE WORKPLACE CERTIFICATION This certification is required by the Drug Free Workplace Act (Ill. Rev. Stat., ch. 127, par. 152.311). The Drug Free Workplace Act, effective January 1, 1992, requires that no grantee or contractor shall receive a grant or be considered for the purposes of being awarded a contract for the procurement of any property or services from the State unless that grantee or contractor has certified to the State that the grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of the contract or grant and debarment of contracting or grant opportunities with the State for at least one (1) year, but not to be more than five (5) years. For the purpose of this certification, "grantee" or "contractor" means a corporation, partnership, or other entity with twenty -five (25) or more employees at the time of issuing the grant, or a department, division, or other entity with twenty -five (25) or more employees at the time of issuing the responsible for the specific performance under a contract or grant of $5,000 or more from the State. The contractor /grantee certifies and agrees that it will provide a drug free workplace by: A. Publishing a statement: 1. notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace; 2. specifying the actions that will be taken against employees for violations of such prohibition; 3. notifying the employee that, as a condition of employment on such contract or grant, the employee will: a. abide by the terms of the statement; and b. notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; B. Establishing a drug free awareness program to inform employees about: 1. the dangers of drug abuse in the workplace; 2. the grantee's or contractor's policy of maintaining a drug free workplace; L:admin \market\agree \bIn- 08.doc 10 3. any available drug counseling, rehabilitation, and employee assist programs; and 4. the penalties that may be imposed upon an employee for drug violations. C. Providing a copy of the statement required by sub - paragraph (a) to each empl engaged in the performance of the contract or grant and to post the statement prominent place in the workplace. D. Notifying the contracting or granting agency within ten (10) days after recei notice under part (b) of paragraph (3) of subsection (a) above from an employ otherwise receiving actual notice of such conviction. E. Imposing a sanction on, or requiring the satisfactory participation in a drug a assistance or rehabilitation program by, an employee who is so convicte required by section 5 of the Drug Free Workplace Act. F. Assisting employees in selecting a course of action in the event drug counse treatment, and rehabilitation is required and indicating that a trained referral is in place. G. Making a good faith effort to continue to maintain a drug free workplace thr implementation of the Drug Free Workplace Act. THE UNDERSIGNED AFFIRMS, UNDER PENALTIES OF PERJURY, THA OR SHE IS AUTHORIZED TO EXECUTE THIS CERTIFICATION ON BEHAL THE DESIGNATED ORGANIZATION. BEAM, LONGEST AND NEFF, INC. Printed Name of Organization Signature of Authorized Representative Hubert L. Longest, President Printed Name and Title 35- 0925120 Federal Taxpayer Identification Number Date