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R-14-15 Authorizing the Execution of the Local Agency Agrmnt for the Construction of 4' Paved Shoulders and an On-Street Bike Lane RESOLUTION NO. p_I L4713-- A RESOLUTION OF THE VILLAGE OF LEMONT, COOK, DuPAGE, & WILL COUNTY(IES), ILLINOIS, AUTHORIZING THE EXECUTION OF THE LOCAL AGENCY AGREEMENT FOR FEDERAL PARTICIPATION AND THE PHASE I ENGINEERING SERVICES AGREEMENT FOR THE CONSTRUCTION OF FOUR FOOT WIDE PAVED SHOULDERS AND AN ON-STREET BIKE LANE (IN THE CURBED ROADWAY SECTIONS) ON McCARTHY ROAD, FROM ILLINOIS STREET TO WALKER ROAD (IDOT SECTION 14-00052-00-BT) BE IT RESOLVED by the President and Board of Trustees of the Village of Lemont, Cook, DuPage, and Will County(ies), Illinois, as follows: SECTION 1 That the Local Agency Agreement for Federal participation with the State of Illinois Department of Transportation is hereby approved for the construction of four foot (4'0") wide paved bicycle lane shoulders and an on-street bike lane (in the curbed roadway sections) on McCarthy Road, from Illinois Street to Walker Road (Section 14-00052-00-BT), in the amount of$149,993.00. The Village President is hereby authorized to execute the same for and on behalf of the Village. SECTION 2 That the Phase I Engineering Services Agreement for Federal Participation with Frank Novotny & Associates, Inc. is hereby approved for the construction of four foot (4'0") wide paved bicycle lane shoulders and an on-street bike lane (in the curbed roadway sections) on McCarthy Road, from Illinois Street to Walker Road (Section 14-00052-00-BT), in the amount of$149,993.00. The Village President is hereby authorized to execute the same for and on behalf of the Village. SECTION 3 That the Village hereby appropriates, designates and sets aside the amount of $149,993.00 for payment of Phase I Engineering, subject to reimbursement from the Illinois Department of Transportation, at a rate not to exceed 80% for the construction of four foot (4'0") wide paved bicycle lane shoulders and an on-street bike lane (in the curbed roadway sections) on McCarthy Road, from Illinois Street to Walker Road (Section 14-00052-00-BT). SECTION 4 That this Resolution shall be in full force and effect from and after its adoption and approval as provided by law. THIS RESOLUTION was adopted by the President and Board of Trustees of the Village of Lemont, and deposited in the office of the Village Clerk, this 9th day of March, 2015. 7 Charlene M. Smollen, Village Clerk API,,ED by ►-e this 9th :ay of March, 2015. ALE Brian K. R:aves, P = ident 147 RESOLuTION 6 Local Agency State Contract I Day Labor Local Contract RR Force Account Illinois Department of Transportation Village of Lemont X Local Agency Agreement Section Fund Type ITEP and/or SRTS Number for Federal Participation 14-00052-00-BT STU Construction Engineering Right-of-Way Job Number Project Number Job Number Project Number Job Number Project Number P-91-185-15 M-4003(463) This Agreement is made and entered into between the above local agency hereinafter referred to as the"LA"and the state of Illinois, acting by and through its Department of Transportation, hereinafter referred to as"STATE". The STATE and LA jointly propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans prepared by, or on behalf of the LA, approved by the STATE and the STATE's policies and procedures approved and/or required by the Federal Highway Administration hereinafter referred to as"FHWA". Location Local Name McCarthy Road Route FAU 1587 Length 1.61 miles Termini Illinois Street to Walker Road Current Jurisdiction STATE TIP Number 06-15-0005 Existing Structure No N/A Project Description Phase I Preliminary Engineering for the construction of paved shoulders to be used as one-directional bicycle lanes on each side of McCarthy Road. Division of Cost Type of Work STU % % LA % Total Participating Construction ( ) ( ) ( ) Non-Participating Construction ( ) ( ) ( ) Preliminary Engineering 119,948 ( * ) ( ) 29,987 ( BAL ) 149,935 Construction Engineering ( ) ( ) ( ) Right of Way ( ) ( ) ( ) Railroads ( ) ( ) ( ) Utilities ( ) ( ) ( ) Materials TOTAL $ 119,948 $ $ 29,987 $ 149,935 *Maximum FHWA(STU) participation 80% not to exceed $119,948. NOTE: The costs shown in the Division of Cost table"are approximate and subject to change. The final LA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursment. If funding is not a percentage of the total,place an asterisk in the space provided for the percentage and explain above. Local Agency Appropriation By execution of this Agreement,the LA attests that sufficient moneys have been appropriated or reserved by resolution or ordinance to fund the LA share of project costs. A copy of the resolution or ordinance is attached as an addendum. Method of Financing(State Contract Work) METHOD A---I ump Sum (80%of I A Obligation) METHOD B--- Monthly Payments of due by the of each successive month. METHOD C---LA's Share divided by estimated total cost multiplied by actual progress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) Printed on 2/26/2015 Page 1 of 5 BLR 05310(Rev. 10/06/14) Agreement Provisions THE LA AGREES: (1) To acquire in its name, or in the name of the state if on the state highway system, all right-of-way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established state policies and procedures. Prior to advertising for bids,the LA shall certify to the STATE that all requirements of Titles II and Ill of said Uniform Act have been satisfied. The disposition of encroachments, if any,will be cooperatively determined by representatives of the LA,and STATE and the FHWA, if required. (2) To provide for all utility adjustments, and to regulate the use of the right-of-way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems. (3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement. (4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction,an addendum is required. (5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and FHWA,the completed improvement, or that portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above. (6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. (7) To maintain,for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the department;and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department;and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for P P rY Y P Y which adequate books, records and supporting documentation are not available to support their purported disbursement. (8) To provide if required,for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of the proposed improvement. (9) To comply with Federal requirements or possibly lose(partial or total)Federal participation as determined by the FHWA. (10) (State Contracts Only) That the method of payment designated on page one will be as follows: Method A- Lump Sum Payment. Upon award of the contract for this improvement,the LA will pay to the STATE within thirty(30) calendar days of billing,in lump sum, an amount equal to 80%of the LA's estimated obligation incurred under this Agreement. The LA will pay to the STATE the remainder of the LA's obligation (including any nonparticipating costs) within thirty(30) calendar days of billing in a lump sum, upon completion of the project based upon final costs. Method B- Monthly Payments. Upon award of the contract for this improvement,the LA will pay to the STATE, a specified amount each month for an estimated period of months,or until 80%of the LA's estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LA's obligation(including any nonparticipating costs) in a lump sum,upon completion of the project based upon final costs. Method C- Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement,the LA will pay to the STATE within thirty(30)calendar days of reciept, an amount equal to the LA's share of the construction cost divided by the estimated total cost, multiplied by the actual payment(appropriately adjusted for nonparticipating costs)made to the contractor until the entire obligation incurred under this Agreement has been paid. Failure to remit the payment(s)in a timely manner as required under Methods A, B, or C,shall allow the STATE to internally offset, reduce, or deduct the arrearage from any payment or reimbursement due or about to become due and payable from the STATE to LA on this or any other contract. The STATE, at its sole option, upon notice to the LA, may place the debt into the the Illinois Comptroller's Offset System(30 ILCS 105/10.05)or take such other and further action as my be required to recover the debt. (11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding,equipment, labor, material and services necessary to construct the complete project. (12) (Preliminary Engineering) In the event that right-of-way acquisition for,or actual construction of the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which this agreement is executed,the LA will repay the STATE any Federal funds received under the terms of this Agreement. (13) (Right-of-Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which this Agreement is executed,the LA will repay the STATE any Federal Funds received under the terms of this Agreement. Printed on 2/26/2015 Page 2 of 5 BLR 05310(Rev. 10/06/14) ci4) (Railroad Related Work Only) The estimates and general layout plans for at-grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation,2300 South Dirksen Parkway,Springfield, Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission(ICC). Final inspection for railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the IDOTs District Bureau of Operations. The LA is responsible for the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets office. Engineer's Payment Estimates in accordance with the Division of Cost on page one. (15) And certifies to the best of its knowledge and belief its officials: (a) are not presently debarred, suspended,proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain or performing a public(Federal, State or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records, making false statements receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State, local)with commission of any of the offenses enumerated in item (b)of this certification; and (d) have not within a three-year period preceding the Agreement had one or more public transactions(Federal,State, local) terminated for cause or default. (16) To include the certifications,listed in item 15 above and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. (17) (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (18) That for agreements exceeding$100,000 in federal funds, execution of this Agreement constitutes the LA's certification that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any cooperative agreement,and the extension,continuation,renewal, amendment or modification of any Federal contract,grant, loan or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress or an employee of a Member of Congress,in connection with this Federal contract,grant, loan or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying",in accordance with its instructions; (c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties (including subcontracts,subgrants and contracts under grants, loans and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. (19) To regulate parking and traffic in accordance with the approved project report. (20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes. (21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes. (22) That the LA may invoice the STATE monthly for the FHWA and/or STATE share of the costs incurred for this phase of the improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment,certified time sheets,vendor invoices,vendor receipts, and other documentation supporting the requested reimbursement amount. (23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed$1,000,000(five years if the project costs exceed$1,000,000). (24) Upon completion of this phase of the improvement,the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting supporting documentation of all incurred costs,less previous payments,no later than one year from the date of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the improvement,the most recent invoice may be considered the final invoice and the obligation of the funds closed. Printed on 2/26/2015 Page 3 of 5 BLR 05310(Rev. 10/06/14) (25) (Single Audit Requirements) That if the LA expends$500,000 or more a year in federal financial assistance they shall have an —, audit made in accordance with the Office of Management and Budget(OMB)Circular No.A-133. LA's that expend less than $500,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE(Office of Finance and Administration,Audit Coordination Section,2300 South Dirksen Parkway, Springfield, Illinois,62764),within 30 days after the completion of the audit, but no later than one year after the end of the LA's fiscal year. The CFDA number for all highway planning and construction activities is 20.205. (26) That the LA is required to register with the System for Award Management or SAM (formerly Central Contractor Registration (CCR)),which is a web-enabled government-wide application that collects,validates,stores,and disseminates business information about the federal government's trading partners in support of the contract award and the electronic payment processes. To register or renew, please use the following website: https://www.sam.gov/portal/public/SAM/#1. THE STATE AGREES: (1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LA's certification of compliance with Titles II and III requirements. (2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement,after receipt of a satisfactory bid. (3) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and Engineer's Payment Estimates in accordance with the Division of Cost on page one. (4) (Local Contracts) That for agreements with Federal and/or State funds in engineering, right-of-way,utility work and/or construction work: (a) To reimburse the LA for the Federal and/or State share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payment by the LA; (b) To provide independent assurance sampling,to furnish off-site material inspection and testing at sources normally visited by STATE inspectors of steel,cement, aggregate,structural steel and other materials customarily tested,by the STATE. IT IS MUTUALLY AGREED: (1) Construction of the project will utilize domestic steel as required by Section 106.01 of the current edition of the Standard Specifications for Road and Bridge Construction. (2) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal-aid participation or the contract covering the construction work contemplated herein is not awarded within three years of the date of execution of this Agreement. (3) This Agreement shall be binding upon the parties,their successors and assigns. (4) For contracts awarded by the LA,the LA shall not discriminate on the basis of race,color, national origin or sex in the award and performance of any USDOT—assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT—assisted contracts. The LA's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved program,the department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C.3801 et seq.). In the absence of a USDOT—approved LA DBE Program or on State awarded contracts,this Agreement shall be administered under the provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program. (5) In cases where the STATE is reimbursing the LA,obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year,the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein. (6) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or amendment shall be subject to the Prevailing Wage Act(820 ILCS 130/0.01 et seq.)unless the provisions of that Act exempt its application Printed on 2/26/2015 Page 4 of 5 BLR 05310(Rev. 10/06/14) ADDENDA Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement. Number 1-Location Map. Number 2—Local Appropriation Resolution. (Insert addendum numbers and titles as applicable) The LA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement and all exhibits indicated above. APPROVED APPROVED Local Agency State of Illinois Department of Transportation Brian K. Reaves Name of Official (Print or Type Name) Randall S.Blankenhorn,Acting Secretary Date Village President By: Title (County Board Chairperson/MayorNillage President/etc.) Aaron A.Weatherholt,Deputy Director of Highways Date Omer Osman,Director of Highways/Chief Engineer Date (Signature) Date The above signature certifies the agency's TIN number is William M.Barnes,Chief Counsel Date 36-6005968 conducting business as a Governmental Entity. DUNS Number 037044682 Director of Finance and Administration Date NOTE: If signature is by an APPOINTED official,a resolution authorizing said appointed official to execute this agreement is required. 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A . ,, ,,' _\ \r�o� �1 ,■,I Ohl: . \ \ I, „... ,F irt .. 7.....- 1:_., I 1 ; IN i 1:y y Local Agency Consultant Village of LemontL Tura Departrpent C Frank Novotny &Associates, Inc of County C l� o Address Cook A N 825 Midway Drive Section L S City 14-00052-00-BT lJ Willowbrook Project No. A Preliminary Engineering L State M-4003(463) Services Agreement Illinois Job No. C' For T Zip Code P-91-185-15 E Federal Participation A 60527 Contact Name/Phone/E-mail Address N N Contact Name/Phone/E-mail Address George Schafer C T James L.Cainkar,P.E.,P.L.S. 630-257-1590 Y 630-887-8640 aschaferCcr�lemont.il.us iimcainkarafranknovotnvenaineerina.co THIS AGREEMENT is made and entered into this day of , 2015 between the above Local Agency(LA)and Consultant(ENGINEER)and covers certain professional engineering services in connection with the PROJECT. Federal-aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of Transportation (STATE)will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS. Project Description Name McCarthy Road Route FAU 1587 Length 1.61 Mi Structure No. N/A Termini Illinois Street to Walker Road Description Construction of four foot wide paved shoulders(one in each direction)for use by bicycles on McCarthy Road from Illinois Street (FAU 1065)to Walker Road Agreement Provisions I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance, in accordance with STATE approved design standards and policies, of engineering services for the LA for the proposed improvement herein described. 2. To attend any and all meetings and visit the site of the proposed improvement at any reasonable time when requested by representatives of the LA or STATE. 3. To complete the services herein described within 300 calendar days from the date of the Notice to Proceed from the LA, excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER. 4. The classifications of the employees used in the work should be consistent with the employee classifications and estimated man- hours shown in EXHIBIT A. If higher-salaried personnel of the firm, including the Principal Engineer, perform services that are indicated in Exhibit A to be performed by lesser-salaried personnel,the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 5. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable for the PROJECT; and that the ENGINEER has sufficient properly trained,organized and experienced personnel to perform the services enumerated herein. 6. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from the ENGINEER's errors, omissions or negligent acts without additional compensation. Acceptance of work by the STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or for clarification of any ambiguities. 7. That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the ENGINEER and will affix the ENGINEER's professional seal when such seal is required by law. Plans for structures to be built as a part of the improvement will be prepared under the supervision of a registered structural engineer and will affix structural engineer seal when such seal is required by law. It will be the ENGINEER's responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the STATE. 8. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LA. Page 1 of 7 BLR 05610(Rev. 11/21/13) Printed on 1/29/2015 7:42:24 AM 9. The undersigned certifies neither the ENGINEER nor I have: a. employed or retained for commission, percentage, brokerage, contingent fee or other considerations,any firm or person (other than a bona fide employee working solely for me or the above ENGINEER)to solicit or secure this AGREEMENT, b. agreed, as an express or implied condition for obtaining this AGREEMENT,to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c. paid,or agreed to pay any firm,organization or person (other than a bona fide employee working solely for me or the above ENGINEER) any fee, contribution,donation or consideration of any kind for,or in connection with, procuring or carrying out the AGREEMENT. d. are not presently debarred,suspended, proposed for debarment,declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, e. have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining,attempting to obtain or performing a public (Federal, State or local)transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery, bribery,falsification or destruction of records, making false statements or receiving stolen property, f. are not presently indicted for or otherwise criminally or civilly charged by a government entity(Federal, State or local)with commission of any of the offenses enumerated in paragraph (e)and g. have not within a three-year period preceding this AGREEMENT had one or more public transactions(Federal, State or local) terminated for cause or default. 10. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA. 11. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 12. To submit BLR 05613, Engineering Payment Report,to the STATE upon completion of the project(Exhibit B). 13. Scope of Services to be provided by the ENGINEER: ® Make such detailed surveys as are necessary for the planning and design of the PROJECT. ❑ Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and flood flow histories. ® Prepare applications for U.S.Army Corps of Engineers Permit, Illinois Department of Natural Resources Office of Water Resources Permit and Illinois Environmental Protection Agency Section 404 Water Quality Certification. ❑ Design and/or approve cofferdams and superstructure shop drawings. El Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or culvert types and high water effects on roadway overflows and bridge approaches). ® Prepare the necessary environmental and planning documents including the Project Development Report, Environmental Class of Action Determination or Environmental Assessment, State Clearinghouse, Substate Clearinghouse and all necessary environmental clearances. ® Make such soil surveys or subsurface investigations including borings and soil profiles as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations to be made in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE. ❑ Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation. • Prepare preliminary roadway and drainage structure plans and meet with representatives of the LA and STATE at the site of the improvement for review of plans prior to the establishment of final vertical and horizontal alignment,location and size of drainage structures,and compliance with applicable design requirements and policies. ® 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. ❑ Complete the general and detailed plans, special provisions and estimate of cost. Contract plans shall be prepared in accordance with the guidelines contained in the Bureau of Local Roads and Streets manual. The special provisions and detailed estimate of cost shall be furnished in quadruplicate. ® Furnish the LA with survey and drafts in quadruplicate all necessary right-of-way dedications,construction easements and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. Page 2 of 7 BLR 05610(Rev. 11/21/13) Printed on 1/29/2015 7:42:24 AM II. THE LA AGREES, 1. To furnish the ENGINEER all presently available survey data and information 2. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the following compensation formulas: Cost Plus Fixed Fee ® CPFF= 14.5%[DL+R(DL)+OH(DL)+IHDC],or ❑ CPFF=14.5%[DL+R(DL)+ 1.4(DL)+ IHDC],or ❑ CPFF=14.5%[(2.3+R)DL+ IHDC] Where: DL=Direct Labor IHDC= In House Direct Costs OH = Consultant Firm's Actual Overhead Factor R=Complexity Factor Specific Rate ❑ (Pay per element) Lump Sum ❑ 3. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409: ❑ With Retainage a) For the first 50%of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to 90%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50%of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to 95% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and the STATE,a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. ® Without Retainage a) For progressive payments—Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and STATE, a sum o money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 4. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT- assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program,as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program,the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C.3801 et seq.). III. IT IS MUTALLY AGREED, 1. That no work shall be commenced by the ENGINEER prior to issuance by the LA of a written Notice to Proceed. 2. That tracings, plans, specifications, estimates, maps and other documents prepared by the ENGINEER in accordance with this AGREEMENT shall be delivered to and become the property of the LA and that basic survey notes,sketches,charts and other data prepared or obtained in accordance with this AGREEMENT shall be made available, upon request,to the LA or to the STATE, without restriction or limitation as to their use. 3. That all reports, plans, estimates and special provisions furnished by the ENGINEER shall be in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that all such furnished documents shall be approved by the LA and the STATE before final acceptance. During the performance of the engineering services herein provided for,the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. Page 3 of 7 BLR 05610(Rev. 11/21/13) Printed on 1/29/2015 7:42:24 AM 4. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without written consent of the LA. The consent to sublet,assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this agreement. 5. To maintain,for a minimum of 3 years after the completion of the contract,adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the STATE; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 6. The payment by the LA in accordance with numbered paragraph 3 of Section II will be considered payment in full for all services rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT. 7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LA,the STATE,and their officers,agents and employees from all suits,claims, actions or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. 8. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post Y Y P 9 9 9 P office address. Upon such termination,the ENGINEER shall cause to be delivered to the LA all drawings, plats, surveys, reports, permits, agreements, soils and foundation analysis,provisions, specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LA. The LA will be responsible for reimbursement of all eligible expenses to date of the written notice of termination. 9. This certification is required by the Drug Free Workplace Act(30ILCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that 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 a contract or grant and debarment of the contracting or grant opportunities with the State for at least one(1)year but no 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 unit thereof, directly responsible for the specific performance under a contract or grant of$5,000 or more from the State, as defined in the Act. 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; (3) Any available drug counseling, rehabilitation and employee assistance program;and (4) The penalties that may be imposed upon an employee for drug violations. c. Providing a copy of the statement required by subparagraph(a)to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. d. Notifying the contracting or granting agency within ten(10)days after receiving notice under part(B) of paragraph (3)of subsection(a)above from an employee or otherwise receiving actual notice of such conviction. e. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, f. Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in place. g. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 10. The ENGINEER or subconsultant shall not discriminate on the basis of race,color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the LA deems appropriate. Page 4 of 7 BLR 05610(Rev. 11/21/13) Printed on 1/29/2015 7:42:24 AM A.reement Summary Prime Consultant: TIN Number Agreement Amount Frank Novotny&Associates, Inc. 36-2728920 $75,546.00 Sub-Consultants: TIN Number Agreement Amount Morris Engineering, Inc. 36-3500171 $42,732.00 Engineering Resource Associates, Inc. _ 36-3686466 $28,155.00 Kenig, Lindgren, O'Hara,Aboona, Inc. 36-4019278 $3,500.00 Sub-Consultant Total: $74,387.00 Prime Consultant Total: $75,546.00 Total for all Work: $149,933.00 Executed by the LA: Village of Lemont (Municipality/Township/County) ATTEST: By: By: Charlene M. Smollen Clerk Title: Brian K. Reaves,Village President (SEAL) Executed by the ENGINEER: ATTEST: Frank Novotny&Associates, Inc. By: By: Title: John E. Fitzgerald, Secretary Title: James L. Cainkar, President Page 5 of 7 BLR 05610(Rev. 11/21/13) Printed on 1/29/2015 7:42:24 AM N 0 > w O O o L 0 O cc w- 6 m C �' S. 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CO CO at `V d' M N Y 2 (/) Co C Q 0 O K H Z cc CU O z W = I o M H ri Z Z Q H H a 9 c v (n � W0 U z a' Lo M D W Q w w - < Z I- J p0 co rzU OU 0 W - U = Z Z (n 0 N. (n o ° pv _Nc oD a < Z w z w — 0 (n Q .. Nr .e0a = 2U < z Z U a' C7 Z- Z Q a ry Z H Lt_ O W J Q F- F- O H 0 Z 2 U Q W o Iil 0 W } O O z 0 U W W W _O W w - H Z Q F- f= --) ZZwH Z -) -1 J CI- > • I r—O w O 0 } 0 0 > Z U IX a •0 F- X m I2 CC W D < - W >• IY CO a 0 '--) W a a. a U co ? Cl) 0 C7 H ¢ 7r N O N N tXnlbit ti V) Illinois Department of Transportation Engineering Payment Report Prime Consultant Name Frank Novotny&Assoc., Inc. Address 825 Midway Drive Telephone 630-887-8640 TIN Number 36-2728920 Project Information Local Agency Village of Lemont Section Number 14-00052-00-BT Project Number M-4003(463) Job Number P-91-185-14 This form is to verify the amount paid to the Sub-consultant on the above captioned contract. Under penalty of law for perjury or falsification, the undersigned certifies that work p � ry r was executed by the Sub consultant for the amount listed t sted below. Y Sub-Consultant Name TIN Number Actual Payment from Prime Morris Engineering, Inc. 36-3500171 Engineering Resource Associates, Inc. 9 9 � 36-3686466 6 Kenig, Lindgren, O'Hara,Aboona, Inc. 36-4019278 Sub-Consultant Total: Prime Consultant Total: Total for all Work Completed: Signature and title of Prime Consultant—James L.Cainkar,President Date Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as concurring with the payment amount specified above. For information about IDOTs collection and use of confidential information review the department's Identity Protection Policy. Page 7 of 7 BLR 05610(Rev. 11/21/13) Printed on 1/29/2015 7:42:24 AM Jan k Novotny &Associates, Inc. AT825 Midway Drive 4-Willowbrook,IL 4 60527 4-Telephone:(630)887-8640 4-Far(630)887-0132 Civil Engineers/ Municipal Consultants Frank Novotny & Associates, Inc. AVERAGE HOURLY PAYROLL RATES Effective Date: Jan. 1, 2014 PAYROLL CLASSIFICATION PAYROLL RATE RANGE AVERAGE PAYROLL RATE PRINCIPAL 70.00 TO 70.00 70.00 PROJECT MANAGER 61.71 TO 61.71 61.71 PROJECT ENGINEER 61.71 TO 61.71 61.71 CIVIL ENGINEER II 43.51 TO 43.51 43.51 SENIOR TECHNICIAN 36.87 TO 44.95 40.74 INSPECTOR 36.87 TO 61.71 45.20 SURVEYING TECHNICIAN 36.87 TO 61.71 44.13 CAD TECHNICIAN 22.65 TO 43.51 35.93 G.I.S. TECHNICIAN 21.11 TO 21.11 21.11 TECHNICAL ASSISTANT 10.00 TO 13.50 11.86 VILLAGE OF LEMONT SECTION 14-00052-00-BT MCCARTHY ROAD SIDE PATHS ILLINOIS STREET TO WALKER ROAD SCHEDULE PHASE 1 ENGINEERING AGREEMENT APPROVAL MAY 2015 INFORMATION GATHERING JUNE TO JULY 2015 CONSULTANT REPORTS AUGUST 2015 REPORT WRITING AND REVISION SEPTEMBER TO MARCH 2016 PESA INVESTIGATION SEPTEMBER TO MARCH 2016 PHASE 1 ENGINEERING COMPLETE APRIL 2016 z 0 1� d i i i ,, j9 Q� a i d 9 i 8 1 il a + a 3 17 1 q a 3 � 9 Q g 9 i 1 1 $E a j 9 E E i �9q 9 3 i. ti n 0: 4 + ME .-9 1 U ��w W �� ❑ 33b MO = 6 S'lY.6ir O 8 UT) Q 3 5 Nom J ° 5a I Co 1 ill\ �11 O W = a_ 1 Z J U N w V >p- Q U J 0 I , - ■ i � LL w iii w�. MSNM�O OM. ��J e e` Z ...1111 - o 0 ,°O° Q .�:. II i� cil i : 1 o CI en CC . II o a dr"-Amig � o Villil'-; .... 0 et LID I \ ' 1 :la Atal ---.. , . i 0 (.9 ce •�: U cc co i ,0,40;0* °° �{ aw �d a A� //�� 11 .' �liarma `Q I , 1 j: ..,:, 4 . 444 14 �_t O s,1 ' 0 7-1 '‘-.'*k.' Alt v., wool il "Rik, . _--1 ,v,,r,„.„ ..,,,,,, -,,,,,,Als.016 e all ; % 1 1 1 `� ���`Q IA Is d 1 n 3 3n \ .,... 1' ‘ --.. M �. --._ � 1--- It' - 3 MEORRIS ENGINEERING INC. 5100 S. Lincoln, Lisle, Illinois 60532 (630) 271-0770 - Fax(630)271-0774 ecivil.com PROPOSAL January 5, 2015 Tim Klass TKlass @franknovotnyengineering.com Frank Novotny &Associates, Inc. 825 Midway Drive Willowbrook, IL 60527 Village of Lemont Stephen Street & Illinois Street Intersection to McCarthy Road and Walker Road Intersection (Approximately 9,500 linear feet) • Per your request, Morris Engineering Inc. (MEI), is presenting a proposal for Professional Land Surveying & Engineering Services that will be needed to prepare the following: SCOPE OF SERV ICES ROW to ROW TOPOGRAPHICAL SURVEY $ 42,732.05 Morris Engineering will locate all improvements within the ROWs of Stephen Street and McCarthy Road. Spot elevations will be measured at every location point required to draft all horizontal features that are at around level. If no major physical features exist, cross sections will be taken at 50 (fifty) foot intervals. We will measure the locations of all sanitary and storm sewer inverts and measure the top of pipe of the water main found within the ROWs. All elevations will be based on 1983 NDGV Datum. We will locate and mark various property corners that can be reproduced for alignment verification on existing property line maps of the area in lieu of establishing centerline stationing. The finished survey will be prepared in a format as required by the client. DELIVERY The Survey will be according to village, city, or county standards. We estimate the work to begin within 10 working days after acceptance of this proposal, and receipt of all required documentation. Please note that the above prices estimates and are believed to be the best possible estimate based on knowledge available. Some significant changes may arise based on uncertainties such as revised requirements from any governing bodies. If any of these items are noticed at the time of the work you will be contacted prior to any commencement of additional work with an estimate for these services. TERMS Morris Engineering, Inc. will be compensated an amount of $42,732.05, to be billed monthly, as work progresses. January 5,2014 Tim Klass Frank Novotny&Associates, Inc. Proposal Village of Lemont—McCarthy Page 2 of 2 We assume the property owners will have knowledge that this work is being performed and access to the property is permissible. Please see attached Cost Plus Fixed Fee Cost Estimate of Consultant Services, with Average Hourly Rates, Payroll Escalation Table, and Payroll Rates. This proposal will remain in effect for a period of thirty (30) days. If it is not accepted within this time frame, we reserve the right to resubmit the proposal reflecting changes that may have occurred. Thank you for the opportunity of furnishing this proposal. Should the above terms be acceptable, please sign and return the original proposal to our office. We will return a copy of the executed contract to you. Respectfully, Thomas J. Cesal, PLS Professional Land Surveyor This Contract Agreement contains the entire and only agreement between the parties respecting the work, services, and materials; any representation, promise or condition, written or verbal, not incorporated herein, and shall not be binding on either party. Print Client Name: E-mail: Client Address: Client Telephone Number: Fax Number: All terms and conditions of this contract accepted this day of , 20 By: Client Signature Title cm o 2 O cs, `0 0 0 0 0 0 o Q 0 0 CO 0 O <t aND O Z Q N I!) 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I \ us cn z 0 Ui O E ra za §2 Ea_ DF-824-039 REV 12/04 PAYROLL RATES FIRM NAME Morris Engineering, Inc.DATE 01/05/15 Municipality Village of Lemont Work Type McCarthy Road ROW Survey ESCALATION FACTOR 0.00% CLASSIFICATION CURRENT RATE CALCULATED RATE PRINCIPAL $65.00 $65.00 SENIOR PROJECT MANAC $63.00 $63.00 PROJECT MANAGER $36.30 $36.30 PROFESSIONAL LAND SU $39.00 $39.00 ENGINEER 5 $65.00 $65.00 ENGINEER 2 $22.80 $22.80 SURVEYOR 3 $30.00 $30.00 SURVEYOR 2 $20.25 $20.25 TECHNICIAN 5 $38.50 $38.50 TECHNICIAN 4 $27.70 $27.70 TECHNICIAN 3 $21.33 $21.33 TECHNICIAN 2 $18.48 $18.48 TECHNICIAN 1 $12.75 $12.75 ADMINISTRATION $29.25 $29.25 PREPARED BY THE AGREEMENTS UNIT Printed 1/5/2015 9:34 AM ENGINEERING RESOURCE ASSOCIATES, INC. Consulting Engineers,Scientists&Surveyors December 17, 2014 Tim Klass, RE. Frank Novotny&Associates, Inc. 825 Midway Drive Willowbrook, IL 60527 SUBJECT: Proposal for Engineering Services Stormwater Analysis Village of Lemont,McCarthy Road Bicycle Lanes - Illinois Street to Walker Road Dear Tim: Engineering Resource Associates, Inc. (ERA)is pleased to submit this proposal for engineering services for the stormwater analysis for the McCarthy Road Bicycle Lanes Project. Project Understanding Frank Novotny&Associates, Inc.(Novotny)has been retained by the Village of Lemont to provide engineering services for the McCarthy Road Bicycle Lanes Project from approximately Illinois Street to Walker Road a distance of approximately 8,000 feet. The project is being partially funded by IDOT and with Federal money. Therefore, it is our understanding that the project must follow and be designed per IDOT standards and guidelines. Novotny now desires to retain ERA to provide stormwater system design services as subconsutants. The stormwater design will need to conform to IDOT standards as provided in the IDOT Drainage Manual. It is our understanding that a formal IDOT Location Drainage Study will not be required, however, an abbreviated LDS report shall be completed to meet IDOT standards. It is assumed that there are no identified drainage problems and no floodplain or wetland impacts along the project corridor. Scope of Services ERA will provide engineering services in accordance with the following work plan: 1. Meetings and Coordination—This task includes general email and phone coordination with Novotny. It is also anticipated that one coordination meeting will be performed under this task. 2. Data Gathering—Acquire relevant background data from various sources including 2.1. Engineer's site visit 2.2. Cross-sections from Novotny 2.3. Topographic Survey data and existing conditions plans from Novotny 2.4. Preliminary and proposed roadway plans from Novotny 2.5. Contour mapping from Novotny, Cook County, or Village of Lemont PAGE 1 OF 5 FRANK NOVOTNY&ASSOCIATES,INC. PAGE 2 OF 5 DECEMBER 17,2014 2.6. Pla ns from adjacent develo pme nts or past roadway improvements from Novotny or the Village of Lemont 2.7. Drainage studies from past studies or development projects from Novotny or the Village of Lemont 2.8. Flood Insurance Mapping from various sources 2.9. Aerial imagery from various sources 3. Wetland Determination/Delineation- ERA will perform a wetland delineation within the anticipated bike lane corridor. The wetland delineation will be limited to the ROW and 50' beyond. Wetlands will be staked by pin flag and/or marking tape labeled "wetland". The wetland delineation includes preparation of a Written Delineation Report Containing: a. U.S.Army Corps of Engineers(USAGE)data forms; b. Documentation of verification of threatened and endangered species consultation with appropriate Federal and State agencies; c, Aerial map exhibit of site showing approximate locations of data sampling points, and wetland boundaries; d. Floristic Quality Assessment; e. Identification of off-site wetlands within 50'of the ROW; f. Site photos as necessary to describe wetland and other regulated areas. Based on a preliminary look at aerial maps it does not appear that wetlands will be disturbed by the proposed improvements. Therefore, wetland mitigation and restoration plans are not anticipated. 4. Existing Drainage Plan (EDP) 4.1. Determine location, size and other data for existing pipes,culverts, ditches and outfalls from gathered information. 4.2. Delineate tributary areas from contour mapping and existing conditions plans. 4,3:Determine time of doncentratioris and"C"values from gathered information. 4.4. Analyze existing flow volumes and velocities in existing pipes, culverts,ditches and outfalls and evaluate suitability for continued use and outlet sensitivity. Storm sewer flows will be analyzed using the Rational Method in accordance with IDOT procedures. For the purposes of this proposal, it is assumed that the existing outlets will be capable of accommodating proposed flows so that no detention storage or pipe oversizing will be required. 4.5. Prepare EDP using FNA preliminary plans as a base.The EDP will show external areas draining to the right of way,sheet and concentrated flow entering the highway drainage system, drainage summits,drainage divides, existing drainage facilities, and outlets. The EDP will also show tributary areas and"C"values for each drainage area identified. 5. Proposed Drainage Plan (PDP) 5.1. Evaluate cross sections and preliminary plans to see if additional right of way or drainage easements may be needed. 5.2. Evaluate proposed drainage alternatives to develop preferred improvements. 5,3. Delineate tributary areas from contour mapping and proposed conditions plans. 5.4. Determine time of concentrations and "C"values from gathered information. 5.5. Analyze proposed flow volumes and velocities in proposed storm sewers,ditches and. culverts. Determine conformance with IDOT standards.Storm sewer flows will be analyzed using the Rational Method in accordance with IDOT procedures. 5.6. Design inlet spacing in accordance with IDOT procedures. (I) FRANK NOVOTNY&ASSOCIATES,INC. PAGE 3 OF 5 DECEMBER 17,2014 5.7. Design ditches in accordance with IDOT procedures. 5.8. Prepare Proposed Drainage plan by marking proposed drainage facilities onto FNA proposed conditions plan and profile sheets. Final drafting for Phase II plans will be performed by FNA. 6, LDS Preparation—An abbreviated LDS report will be prepared, The LDS report will contain narrative including an introduction, a summary of existing drainage conditions, and a summary of proposed drainage conditions. It will include EDP and PDP exhibits, stormwater calculations, and recommendations for best management practices. 7. Watershed Management Ordinance Stormwater Permit—The MWRD has adopted a new watershed management ordinance(WMO). ERA will prepare a brief report that demonstrates how the project meets the WMO. It is assumed that the project will not require detention, wetland mitigation,or BMPs. It is anticipated that report will utilize the LDS as the basis for the report. ERA will submit the report to the Village of Lemont or MWRD for approval. This task includes responding to comments and acquiring a stormwater management permit. Services Not Included Only services specifically described in this proposal are included in our scope of work. The following are specifically excluded, although they may be added as a contract amendment at a future date for an agreed additional fee: • Survey Services • Additional meetings beyond those described above • Public/Board Meetings&Presentations • Final Design Services • Wetland Mitigation Services • Wetland or Riparian Restoration Services • BMP Design or Analysis • Specifications • Regulatory Floodplain Modeling • Army Corps/Soil and Water Conservation District Permitting • Floodplain/Floodway Permitting Schedule The work described in this agreement will be performed as expeditiously as weather and other physical conditions permit. The Engineer shall not be liable to the Owner,if delayed in,or prevented from performing the work as specified herein through any cause or causes beyond the control of the Engineer and not caused by his own fault or negligence including acts of God, or the public enemy, inclement weather conditions,acts of the government after the effective date of this agreement,fires,floods, epidemics, strikes,jurisdictional disputes, lockouts,and freight embargoes. 1 FRANK NOVOTNY&ASSOCIATES,INC. PAGE 4 OF 5 DECEMBER 17,2014 Hours and Fees Hours and fees for engineering services described in this proposal are proposed on a"Cost-Plus Basis" using our 2014 IDOT approved overhead rate of 120.96. The total, not to exceed fee for this assignment is $28,155.22.A detailed cost estimate of consultant services summary is provided at the end of this proposal. We appreciate the opportunity to submit this proposal and trust that it meets your approval. If you have any questions, please contact me at 630.393.3060 or mmichalisko a,eraconsultants.com. The attached general terms and conditions are expressly incorporated into and are an integral part of this proposal for engineering services. Sincerely, ENGINEERING RESOURCE ASSOCIATES, INC. WARRENVILLE Marty Michalisko, P.E., CFM Project Manager FRANK NOVOTNY&ASSOCIATES,INC. PAGE 5 OF 5 DECEMBER 17,2014 Exhibit 1 Acceptance&Authorization Form—December 17,2014 Proposal Engineering Services for McCarthy Road Bicycle Lanes Engineering Resource Associates, In±/ Frank Novotny&Associates,Inc. Authorized ignature Authorized Signature Marty Michalisko, PE, Project Manager Printed Name and Title 3S701 West Avenue Date Suite 150 Warrenville,Illinois 60555 T 630-393-3060,F 630-393-2152 Please Provide Contact Information: Mailing Address: (please provide street address for UPS deliveries) Telephone&Facsimile Numbers: Email Address: INVOICES should be sent via: Email❑ USPS Mail❑ Email& USPS Mail fl If different than above address, invoices should be addressed to: Attn: Invoice Email Address (if different than above) °' 8 ac•) a o v N to 0o > a) O v 0 N ` et 0000000 0 o a CO CO CO CO V N- C') O) O 0 0 N- 0z 4 (pgis NO) rCD c0 r O O N O Q F- In O O N co C- O C C 6 _ r OK OF c- C CL. 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ICS N N N a r M Efl O N to -J o e o ' O ro 0 ' ro °o o °0 0 L T co D_ N 03 N v- 7 U io O m y N to R: ro M 0 m M m C CO fse -4 m r � O ° LO CONC~C ° N0m 000O co v- CD mN CEO• ro oto d' <t NM CO 0 CD Ih 0) CO N N CD CO MoLo U Q0ce i-- Q Cq 1t c) I"..- v.0' CO Ch N CO N r- v- 'V NCI N V) NN 1 W M s > O Z » > = _ — c c o y —CO CO b_ m > J Q •C C C C C C t5 6- C C C ) o a) Co g0 O CA (A m O)"O)•O) a) a) _ _ -co -co E N U (O L ro (0 J C c C c C c c C - - -- a) N 7 co co U) Q J ›- — W W W W W W rn m ro m m 1- 1- c c To CO a) ro a) }" a Q NrorororororoW �jrororommrnrnc4cm = • O R. a- c C c c c c c c c c c c C N C 0 0 0 0 0 0 To' O) 0)5)-c Sc Sc Sc ro E O - c u� U u0i r0r�� u0i (0� N (0 c W W W a) a) a) ro .0 a o - °,in _-- , G a) 0 a) a`) a) a) U U c c C c 0 L, o a) C C C CC U) ,. 0 0 0 0 0 n m )•a)•o-5) o > p E E E LL ,2 a a_ aa asU- Ctll)) U) Cl) (1) 0) wwwwwwa <!) < < < Engineering Resource Associates,Inc. GENERAL TERMS AND CONDITIONS 1. COMPLIANCE WITH LAWS: Engineering Resource Associates, Inc. (Engineer) will strive to exercise usual and customary professional care in his efforts to comply with those laws,codes,ordinance and regulations which are in effect as of the date of this Agreement. With specific respect to prescribed requirements of the Americans with Disabilities Act of 1990 or certified state or local accessibility regulations(ADA),Client understands ADA is a civil rights legislation and that interpretation of ADA is a legal issue and not a design issue and,accordingly,retention of legal counsel(by Client)for purposes of interpretation is advisable. As such and with respect to ADA,Client agrees to waive any action against Engineer,and to indemnify and defend Engineer against any claim arising from Engineer's alleged failure to meet ADA requirements prescribed. 2. DESIGNATION OF AUTHORIZED REPRESENTATIVE:Each party(to this Agreement)shall designate one or more persons to act with authority in its behalf in respect to appropriate aspects of the Project. The persons designated shall review and respond promptly to all communications received from the other party. 3. STANDARD OF PRACTICE:The Engineer will strive to conduct services under this Agreement in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions as of the date of this Agreement. No other representation,express or implied,and no warranty or guarantee is included or intended in this Agreement,or in any report,opinion,document,or otherwise. 0 ERNING LAW:This Agreement shall be governed by and construed in accordance with Articles previously set forth by Item 4. GOVERNING 9 9 Y P Y Y 1.of this Agreement,together with the laws of the State of Illinois. 5. RESPONSIBILITY OF THE ENGINEER:Notwithstanding anything to the contrary which may be contained in this Agreement or any other material incorporated herein by reference,or In any Agreement between the Client and any other party concerning the Project,the Engineer shall not have control or be in charge of and shall not be responsible for the means,methods,techniques, Project, g e safety, safety precautions or programs of the Client the construction sequences or procedures of construction, or th ty, ty p p g , contractor,other contractors or subcontractors performing any of the work or providing any of the services on the Project. Nor P 9 Y P Y shall the Engineer be responsible for the acts or omissions of the Client,or for the failure of The Client,any architect,engineer, consultant,contractor or subcontractor to carry out their respective responsibilities in accordance with The Project documents, this Agreement or any other agreement concerning the Project. Any provision which purports to amend this provision shall be without effect unless it contains a reference that the content of this condition is expressly amended for the purposes described in such amendment and is signed by the Engineer. 6. CLIENT'S RESPONSIBILITIES:The Client agrees to require the Contractor,to the fullest extent permitted by law,to indemnify,hold harmless,and defend the Engineer,its consultants,and the employees and agents of any of them from and against any and all claims,suits,demands,liabilities,losses,damages,and costs("Losses"),including but not limited to costs of defense,to the extent arising in whole or in part out of the negligence of the Contractor,its subcontractors,the officers,employees,agents, and subcontractors of any of them,or anyone for whose acts any of them may be liable,regardless of whether or not such Losses are caused in part by a party indemnified hereunder. Specifically excluded from the foregoing are Losses arising out of the preparation or approval of maps,drawings,opinions,reports,surveys,change orders,designs,or specifications,and the giving of or failure to give directions by the Engineer,its consultants, and the agents and employees of any of them, provided such giving or failure to give is the primary cause of Loss. The Client further agrees to require the Contractor to name the Engineer,its agents and consultants as additional insureds on the Contractor's policy or policies of comprehensive or commercial general liability insurance. Such insurance shall include products and completed operations and contractual liability coverages,shall be primary and non-contributing with any insurance maintained by the Engineer or its agents and consultants,and shall provide that the Engineer be given thirty days,unqualified written notice prior to any cancellation thereof. In the event the foregoing requirements,or any of them,are not established by the Client and met by the Contractor,the Client agrees to indemnify and hold harmless the Engineer,its employees,agents,and consultants from and against any and all Losses which would have been indemnified and insured against by the Contractor,but were not. I of 5 Engineering Resource Associates,Inc.-August,2004 When Contract Documents prepared under the Scope of Services of this contract require insurance(s)to be provided,obtained and/or otherwise maintained by the Contractor,the Client agrees to be wholly responsible for setting forth any and all such insurance requirements. Furthermore,any document provided for Client review by the Engineer under this Contract related to such insurance(s)shall be considered as sample insurance requirements and not the recommendation of the Engineer. Client agrees to have their own risk management department review any and all insurance requirements for adequacy and to determine specific types of insurance(s)required for the project. Client further agrees that decisions concerning types and amounts of insurance are specific to the project and shall be the product of the Client. As such, any and all insurance requirements made part of Contract Documents prepared by the Engineer are not to be considered the Engineer's recommendation,and the Client shall make the final decision regarding insurance requirements. 7. INFORMATION PROVIDED BY OTHERS:The Engineer shall indicate to the Client the information needed for rendering of the services of this Agreement. The Client shall provide to the Engineer such information as is available to the Client and the Client's consultants and contractors,and the Engineer shall be entitled to rely upon the accuracy and completeness thereof. The Client recognizes that it is impossible for the Engineer to assure the accuracy,completeness and sufficiency of such information,either because it is impossible to verify or because of errors or omissions which may have occurred in assembling the information the Client is providing. Accordingly,the Client agrees,to the fullest extent permitted by law,to indemnify and hold the Engineer and the Engineer's subconsultants harmless from any claim,liability or cost(including reasonable attorneys' fees and cost of defense)for injury or loss arising or allegedly arising from errors,omissions or inaccuracies in documents or other information provided by the Client to the Engineer. 8. CHANGES:Client reserves the by right b written change order or amendment to make changes in requirements,amount of work, 9 or engineering time schedule adjustments,and Engineer and Client shall negotiate appropriate adjustments acceptable to both parties to accommodate any changes,if commercially possible. 9. DOCUMENTS DELIVERED TO CLIENT:Drawings,specifications,and reports prepared by Engineer in connection with any or all of the services furnished hereunder shall be delivered to the Client for the use of the Client. Engineer shall have the right to retain originals of all Project Documents and drawings for its files. Furthermore, it is understood and agreed that the Project Documents such as,but not limited to reports,calculations,drawings,and specifications prepared for the Project,whether in hard copy or machine readable form,are instruments of professional service intended for one-time use in the construction of this Project. These Project Documents are and shall remain the property of the Engineer. The Client may retain copies, Project. P P including copies stored on magnetic tape or disk,for information and reference in connection with the occupancy and use of the Project. It is also understood and agreed that because of the possibility that information and data delivered in machine readable form may be altered,whether inadvertently or otherwise,the Engineer reserves the right to retain the original tapes/disks and to remove from copies provided to the Client all identification reflecting the involvement of the Engineer in their preparation. The Engineer also reserves the right to retain hard copy originals of all Project Documentation delivered to the Client in machine readable form,which originals shall be referred to and shall govern in the event of any inconsistency between the two. The Client understands that the automated conversion of information and data from the system and format used by the anomalies,a d without the introduction of inexactitudes, n Engineer to an alternate system or format cannot be accomplished errors. In the event Project Documentation provided to the Client in machine readable form is so converted,the Client agrees to assume all risks associated therewith and,to the fullest extent permitted by law,to hold harmless and indemnify the Engineer from and against all claims,liabilities,losses,damages,and costs,including but not limited to attorney's fees,arising therefrom or in connection therewith. The Client recognizes that changes or modifications to the Engineer's instruments of professional service introduced by anyone other than the Engineer may result in adverse consequences which the Engineer can neither predict nor control. Therefore, and in consideration of the Engineer's agreement to deliver its instruments of professional service in machine readable form, the Client agrees,to the fullest extent permitted by law,to hold harmless and indemnify the Engineer from and against all claims,liabilities,losses,damages,and costs,including but not limited to attorney's fees,arising outof or in any way connected with the modification,misinterpretation,misuse,or reuse by others of the machine readable information and data provided by the Engineer under this Agreement. The foregoing indemnification applies, without limitation, to any use of the Project Documentation on other projects,for additions to this Project,or for completion of this Project by others,excepting only such use as may be authorized,in writing,by the Engineer. 2 of 5 Engineering Resource Associates,Inc.-August,2004 10. REUSE OF DOCUMENTS:All Project Documents including but not limited to reports,original boring logs,field data,field notes, laboratory test data,calculations,opinions of probable costs,drawings and specifications furnished by Engineer pursuant to this Agreement are intended for use on the Project only. They cannot be used by Client or others on extensions of the Project or any other project.Any reuse,without specific written verification or adaptation by Engineer,shall be at Clients sole risk,and Client shall indemnify and hold harmless Engineer from all claims,damages,losses,and expenses including attorney's fees arising out of or resulting therefrom. 11. FORCE MAJEURE:Neither Client nor Engineer shall be liable for any fault or delay caused by any contingency beyond their control including but not limited to acts of God,wars,strikes,walkouts,fires,natural calamities,or demands or requirements of governmental agencies. 12. RELATIONSHIP BETWEEN ENGINEER AND CLIENT: Engineer shall serve as Clients professional engineer consultant in those phases of the Project to which this Agreement applies. This relationship is that of a buyer and seller of professional services and as such the Engineer is an independent contractor in the performance of this Agreement and it is understood that the parties have not entered into any joint venture or partnership with the other. The Engineer shall not be considered to be the agent of the Client. 13. SUSPENSION OF SERVICES:Client may,at any time,by written order to Engineer(Suspension of Services Order)require Engineer to stop all,or any part,of the services required by this Agreement Upon receipt of such an order,Engineer shall immediately comply with its terms and take all reasonable steps to minimize the costs associated with the services affected by such order. Client,however,shall pay all costs incurred by the suspension,including all costs necessary to maintain continuity and for the resumptions of the services upon expiration of the Suspension of Services Order. Engineer will not be obligated to provide the same personnel employed prior to suspension,when the services are resumed,in the event that the period of suspension is greater than thirty(30)days. 14. TERMINATION: This Agreement may be terminated by either party upon thirty(30)days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. This Agreement may be terminated by Client,under the same terms,whenever Client shall determine that termination is in its best interests. Cost of termination,including salaries,overhead and fee,incurred by Engineer either before or after the termination date shall be reimbursed by Client. 15. SUCCESSORS AND ASSIGNS:The terms of this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns:provided,however,that neither party shall assign this Agreement in whole or in part without the prior written approval of the other. 16. ENTIRE UNDERSTANDING OF AGREEMENT:This Agreement represents and incorporates the entire understanding of the parties li hereto,and each party acknowledges that there are no warranties,representations,covenants or understandings of any kind, matter or description whatsoever,made by either party to the other except as expressly set forth herein. Client and the Engineer hereby agree that any purchase orders, invoices, confirmations, acknowledgments or other similar documents executed or delivered with respect to the subject matter hereof that conflict with the terms of the Agreement shall be null,void and without effect to the extent they conflict with the terms of this Agreement. 17. AMENDMENT:This Agreement shall not be subject to amendment unless another instrument is duly executed by duly authorized representatives of each of the parties and entitled"Amendment of Agreement'. 18. PAYMENT: Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within thirty(30)days of its receipt. The client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause within said thirty(30)day period at the rate of eighteen(18)percent per annum(or the maximum interest rate permitted under applicable law,whichever is the lesser)until paid. Client further agrees to pay Engineer's cost of collection of all amounts due and unpaid after sixty(60)days,including court costs and reasonable attomey's fees,as well as costs attributed to suspension of services accordingly. In the event legal action is necessary to enforce the payment provisions of this Agreement,the Engineer shall be entitled to collect from the Client any judgement or settlement sums due, reasonable attorneys'fees,court costs and expenses incurred by the Engineer in connection therewith and,in addition,the reasonable value of the Engineer's time and expenses spent in connection with such collection action, computed at the Engineer's prevailing fee schedule and expense policies. If the Client fails to make payments when due or otherwise is in breach of this Agreement,the Engineer may suspend performance of services upon five(5)calendar days'notice to the Client. The Engineer shall have no liability whatsoever to the Client for any costs or damages as a result of such suspension caused 3 of 5 Engineering Resource Associates,Inc.-August,2004 by any breach of this Agreement by the Client. Client will reimburse Engineer for all associated costs as previously set forth in Item 13 of this Agreement. Payments due Engineer are not contingent upon project approval or project financing and are the sole responsibility of the Client. If an invoice for work performed by Engineer remains unpaid sixty(60)days form the date of the invoice and,if there is no written resolution of payment from the client during the sixty(60)day period,Engineer will stop all work on the assignment. 19. INDEMNIFICATION: Engineer agrees,to the fullest extent permitted by law,to indemnify and hold harmless Client up to the amount of this contract fee(for services)from loss or expense,including reasonable attorney's fees to the extent caused by Engineer's negligent acts,errors or omissions in the performance of professional services underthis Agreement,Client agrees, to the fullest extent permitted by law,to indemnify and hold harmless Engineer from any damage,liability or cost,including reasonable attorneys'fees and costs of defense,to the extent caused by the Client's negligent acts,errors or omissions and those of his or her contractors,subcontractors or consultants or anyone for whom the Client is legally liable,and arising form the project that is the subject of this Agreement. In the event of joint or concurrent negligence of Engineer and Client,each shall bear that portion of the loss or expense that its share of the joint or concurrent negligence bears to the total negligence (induding that of third parties)which caused the personal injury or property damage, Engineer shall not be liable for special, incidental or consequential damages,including,but not limited to loss of profits,revenue,use of capital,claims of customers, cost of purchased or replacement power,or for any other loss of any nature,whether based on contract,tort,negligence,strict liability or otherwise,by reasons of the services rendered under this Agreement. 20. LIMIT OF LIABILITY:The Client and the Engineer have discussed the risks, rewards, and benefits of the project and the Engineer's total fee for services. In recognition of the relative risks and benefits of the Project to both the Client and the engineer,the risks have been allocated such that the Client agrees that to the fullest extent permitted by law,the Engineer's total aggregate liability to the Client for any and all injuries,claims,costs,losses,expenses,damages of any nature whatsoever or claim expenses arising out of this Agreement from any cause or causes,including attorney's fees and costs,and expert witness fees and costs,shall not exceed the total Engineer's fee for professional engineering services rendered on this project as made part of this Agreement. Such causes included but not limited to the Engineer's negligence,errors,omissions,strict liability or breach of contract. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising,unless otherwise prohibited by law. 21. NOTICES:Any notice or designation required to be given to either party hereto shall be in writing,and unless receipt of such notice is expressly required by the terms hereof shall be deemed to be effectively served when deposited in the mail with sufficient first class postage affixed,and addressed to the party to whom such notice is directed at such party's place of business or such other address as either party shall hereafter furnish to the other party by written notice as herein provided. 22. ACCESS AND PERMITS:Client shall arrange for Engineer to enter upon public and private property and obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the Project. Client shall pay costs (including Engineer's employee salaries,overhead and fee)incident to any effort by Engineer toward assisting Client in such access,permits or approvals,if Engineer perform such services. 23. WAIVER OF CoNTRAcT BREACEi:The waiver of one party of any breach of the Agreement or the failure of one party to enforce at any time,or for any period of time,any of the provisions hereof,shall be limited to the particular instance,shall not operate or be deemed to waive any future breaches of this Agreement and shall not be construed to be a waiver of any provision,except for the particular instance. 24. OPINIONS OF PROBABLE COST: Since Engineer has no control over the cost of labor, materials or equipment,or over the Contractor(s)method of determining process,or over competitive bidding or market conditions,his opinions of probable Project Construction Cost provided for herein are to be made on the basis of his experience and qualifications and represent his best judgement as a design professional familiar with the construction industry,but Engineer cannot and does not guarantee that proposal,bids or the Construction Cost will not vary from opinions of probable construction cost prepared by him. If prior to the Bidding or Negotiating Phase,Client wishes greater accuracy as to the Construction Cost, the Client shall employ an independent cost estimator Consultant for the purpose of obtaining a second construction cost opinion independent from Engineer. 25. CONSTRUCTION OBSERVATION CLAUSE_The Owner will include the following clause in the construction contract documents and Owner agrees not to modify or delete it: Kotecki Waiver: Contractor(and any subcontractor into whose subcontract this clause is incorporated)agrees to assume the 4 of5 Engineering Resource Associates,Inc.-August,2004 entire liability for all personal injury claims suffered by its own employees,including without limitation claims under the Illinois Structural Work Act,asserted by persons allegedly injured on the Project;waives any limitation of liability defense based upon the Workers Compensation Act,court interpretations of said Act or otherwise;and agrees to indemnify and defend Owner and Engineer and their agents,employees and consultants(the"Indemnities")from and against all such loss,expense,damage or injury,including reasonable attorneys'fees,that the indemnities may sustain as a result of such claims,except to the extent that Illinois law prohibits indemnity for the indemnities'own negligence. 26. SEVERABILITYOF INVALID PROVISIONS:If any provision of the Agreement shall be held to contravene or to be invalid under the laws of any particular state,county or jurisdiction where used,such contravention shall not invalidate the entire Agreement, but it shall be construed as if not containing the particular provisions held to be invalid in the particular state, country or jurisdiction and the rights or obligations of the parties hereto shall be construed and enforced accordingly. 27. HAZARDOUS MATERIALS:It is acknowledged by both parties that Engineer's scope of services does not include any services related to asbestos or hazardous or toxic materials.In the event Engineer or any other party encounters asbestos or hazardous or toxic materials at the job site,or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of Engineer's services,Engineer may at his option and without liability for consequential or any other damages,suspend performance of services on the project until Client retains appropriate specialist consultant(s)or contractor(s)to identify,abate and/or remove the asbestos or hazardous or toxic materials,and warrant that the job site is in full compliance with applicable laws and regulations. 28. RIGHT OF ENTRY:Client hereby grants Engineer and its subcontractors or agents the right to enter from time to time property owned by Client and/or other(s)in order for Engineer to fulfill the scope of services included hereunder. Client understands that use of exploration equipment may cause some damage,the correction of which is not part of this Agreement. Client also understands that the discovery of certain hazardous conditions and/or taking preventive measures relative to these conditions may result in a reduction of the Property's value.Accordingly,Client waives any claim against Engineer and its subcontractors or agents,and agrees to defend,indemnify and hold Engineer harmless from any claim or liability for injury or loss allegedly arising from procedures associated with subsurface exploration activities or discovery of hazardous materials or suspected hazardous materials, In addition,Client agrees to compensate Engineer for any time spent or expenses incurred by Engineer in defense of any such claim with compensation to be based upon Engineer's prevailing fee schedule and expense reimbursement policy.Engineer shall not be liable for damage or injury from damage to subterranean structures(pipes,tanks, cables,or other utilities,etc.)which are not called to Engineer's attention in writing and correctly shown on the diagram(s) furnished by Client to Engineer. 29, SAMPLES:Soil, rock, water and/or other samples obtained from the Project site are the property of Client. Engineer shall preserve such samples for no longer than sixty(60)calendar days after the issuance of any document that includes the data obtained from them, unless other arrangements are mutually agreed upon in writing. Should any of these samples be contaminated by hazardous substances or suspected hazardous substances,it is Client's responsibility to select and arrange for lawful disposal procedures,that is,procedures which encompass removing the contaminated samples from Engineer's custody and transporting them to a disposal site. Client is advised that,in all cases,prudence and good judgment should be applied in selecting and arranging for lawful disposal procedures, Due to the risks to which Engineer is exposed,Client agrees to waive any claim against Engineer,and to defend,indemnify and hold Engineer harmless from any claim or liability for injury or loss arising from containing,labeling,transporting,testing,storing,or other handling of contaminated samples, Client also agrees to compensate Engineer for any time spent and expenses incurred by Engineer in defense of any such claim,with such compensation to be based upon Engineer's prevailing fee schedule and expense reimbursement policy. END OF GENERAL TERMS AND CONDITIONS 5 of 5 Engineering Resource Associates,Inc.-August,2004 !cLO4 Keniq,Lincigrrrn,O'Mara,l uona,Inc. December 22,2014 < , -C i. ?��i)€3 is S47-5; Mr. Timothy Klass,PE Frank Novotny &Associates, Inc. 825 Midway Drive Willowbrook, Illinois 60527 Re: McCarthy Road from Illinois Street to Walker Road Traffic Count Data Collection Lemont, Illinois Dear Tim: As requested, Kenig, Lindgren, O'Hara,Aboona, Inc. (KLOA, Inc.)has estimated the cost to conduct machine counts on McCarthy Road in Lemont, Illinois The counts will be conducted on three consecutive weekdays and will include traffic volume by direction,classification and speed. The tubes will be set at three locations: - Between Illinois and Holmes Street - Between Wexford Drive and Fourth Street - Between Hillcrest Drive and Walker Road We estimate the cost to complete the study to be $3,500 and to complete the work to be within two to three weeks from receipt of authorization to proceed. An invoice will be submitted at the completion of the work and will be due and payable within 30 days of the date of the invoice. To the maximum extent permitted by law, Frank Novotny & Associates, Inc. agrees to limit Kenig, Lindgren,O'Hara,Aboona,Inc.'s liability for Frank Novotny&Associates,Inc.'s damages up to the sum of the total fee on this project. This limitation should apply regardless of the cause of action or legal theory pled or asserted. We are pleased to have this opportunity again to serve you on this assignment. We will initiate our work upon receipt of a signed copy of this letter of agreement. Sincerely, KE IG L GREN, O'HARA, ABOONA, INC. ACCEPTED AND APPROVED THIS 0 4.4 DAY OF , 2014 Oa, PE As its Princ •al and Contracting Officer (Signature) (Typed/Printed Name) Authorized to Execute Agreements for: KLOA.Inc. r .a. .'. ;' ; Exhibit A-Preliminary Engineering Route: Local Agency: `Firm's approved rates on file with IDOT'S (Municipalityrrownship/County) Bureau of Accounting and Auditing: Section: Project: Overhead Rate(OH) 128.84 Job No.: Complexity Factor(R) 0.00 Calendar Days Method of Compensation: Cost Plus Fixed Fee 1 ® 14.5%[DL+R(DL)+OH(DL)+IHDC] Cost Plus Fixed Fee 2 ❑ 14.5%[DL+R(DL)+1.4(DL)+IHDC] • Cost Plus Fixed Fee 3 ❑ 14.5%[(2.3+R)DL+IHDC] Specific Rate ❑ Lump Sum ❑ Cost Estimate of Consultant's Services in Dollars Employee Man- Payroll Payroll Services by In-House Element of Work Classification Hours Rate Costs(DL) Overhead* Others Direct Costs Profit Total (IHDC) Principal 4.00 $70.00 $280.00 $360.75 $92.91 $733.66 Consultant 29.00 $26.44 $766.76 $987.89 $254.42 $2009.08 Traffic Counts $750.00 $750.00 Totals 33.00 $_1 046.76 $1,348.64 $750.00 $347.33 $3,492.74 Page 6 of 7 BLR 05610(Rev.11/21/3) Printed on 12/23/2014 4:04:57 PM M O Q O cv to 0 0 0 0 0 0 'd' r 000 O 0 MO N > In LL ° J N to N 0 0 0 co W o O ¢ Fa- un6u7v o 0 rn LL. s- o cc O N. <- O c tf) t7 )- o O O N up 0 CO CO 'Cr 0 0 W m t) J cei_N N M N O N 0 a) F U N N N C W OF m N M 0 A- c a 0 • O O J O ° O N 0 Is- C lL rn O to U tx N r W m F (9 W w 0 0 O o IX v w " 0 W 7) ` o = Z CO o ° LLJ H LL FQ.. 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O C U QL a) 3 tU c- N Cn _ Y co L. 0• > 4) Lt LL Li_ O p CO 7:3 ai 5.. C X X X a) O fl (15 U it it iZ ca c = C a) o Q C s D � _� � � E U D co in aj (3- O N C Cl- a. a- a) ti u) c U �— u) W_ N y U v v •O C N a) E o J C C +6. N w Q (na_ -7 2 U UV (/) J I a_ it0O I I me RI•c as MCURRIS .ENGINEERING INC. 5100 S. Lincoln, Lisle, Illinois 60532 (630)271-0770 - Fax(630) 271-0774 ecivil.com PROPOSAL January 5, 2015 Tim Klass TKlass@franknovotnyengineering.com Frank Novotny &Associates, Inc. 825 Midway Drive Willowbrook, IL 60527 Village of Lemont Stephen Street& Illinois Street Intersection to McCarthy Road and Walker Road Intersection (Approximately 9,500 linear feet) • Per your request, Morris Engineering Inc. (MEI), is presenting a proposal for Professional Land Surveying & Engineering Services that will be needed to prepare the following: SCOPE OF SERVICES ROW to ROW TOPOGRAPHICAL SURVEY $ 42,732.05 Morris Engineering will locate all improvements within the ROWs of Stephen Street and McCarthy Road. Spot elevations will be measured at every location point required to draft all horizontal features that are at around level. If no major physical features exist, cross sections will be taken at 50 (fifty) foot intervals. We will measure the locations of all sanitary and storm sewer inverts and measure the top of pipe of the water main found within the ROWs. All elevations will be based on 1983 NDGV Datum. We will locate and mark various property corners that can be reproduced for alignment verification on existing property line maps of the area in lieu of establishing centerline stationing. The finished survey will be prepared in a format as required by the client. DELIVERY The Survey will be according to village, city, or county standards. We estimate the work to begin within 10 working days after acceptance of this proposal, and receipt of all required documentation. Please note that the above prices estimates and are believed to be the best possible estimate based on knowledge available. Some significant changes may arise based on uncertainties such as revised requirements from any governing bodies. If any of these items are noticed at the time of the work you will be contacted prior to any commencement of additional work with an estimate for these services. TERMS Morris Engineering, Inc. will be compensated an amount of $42,732.05, to be billed monthly, as work progresses. January 5,2014 Tim Klass Frank Novotny&Associates, Inc. Proposal Village of Lemont—McCarthy Page 2 of 2 We assume the property owners will have knowledge that this work is being performed and access to the property is permissible. Please see attached Cost Plus Fixed Fee Cost Estimate of Consultant Services, with Average Hourly Rates, Payroll Escalation Table, and Payroll Rates. This proposal will remain in effect for a period of thirty(30) days. If it is not accepted within this time frame, we reserve the right to resubmit the proposal reflecting changes that may have occurred. Thank you for the opportunity of furnishing this proposal. Should the above terms be acceptable, please sign and return the original proposal to our office. We will return a copy of the executed contract to you. Respectfully, Thomas J. Cesal, PLS Professional Land Surveyor This Contract Agreement contains the entire and only agreement between the parties respecting the work, services, and materials; any representation, promise or condition, written or verbal, not incorporated herein, and shall not be binding on either party. Print Client Name: Frank Novotny & E-mail: Associates, Inc. jimcainkar @franknovotnyengineering. com Client Address: 825 Midway Drive, Willowbrook, IL 60527 Client Telephone Number: (630 ) 8 8 7 8640 Fax Number: (630 ) 8 8 7 0132 All terms and conditions of this contract accepted this Z T day of , 20 (3— By: Client Signature Title M O _ _ _ O cv R) 0 0 0 0 0 0 < ",1' 000) O O N > b CI - N t()N O O O O LL co tt W C O Q ZQ }a- 0 t() 4 O O 0) LL cc r. o K 0 ti 0 e to a O U 1- O O N O an coo(D4 O 0 W O c m -0 "'! N (DC O CO w El 9 NNtn � C W OF m N c.i o v- N C 0. a a 0 0 J 0 m I- S p O et 0 0 OD o. W rem 0 O T 5 m F 6 U) cc W y ° U • o 0 f� v u 9 0 F... W .4 P-' 0 U) o H U) W W I—Z a 00) CON) 0 -- - 00 N H U. 0 o W mnm� 0i � o CO Z O J W 0 X LL W N O CO N M W ill n I-X co a a LL 'Q U) W re >- W a—. Z O {-- O U = J 7 V 1- O 0 0 G- O tL y O Q D_ 0 OU Zoo W W =N U) t... 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W II n C 0) N F- N Z 0 W O E 7 lo ca J `J W 0_4. 7 2 CO <CO Z cc Et- LL D DF-824-039 REV 12/04 PAYROLL RATES FIRM NAME Morris Engineering,Inc.DATE 01/05/15 Municipality Village of Lemont Work Type McCarthy Road ROW Survey ESCALATION FACTOR 0.00% CLASSIFICATION CURRENT RATE CALCULATED RATE PRINCIPAL $65.00 $65.00 SENIOR PROJECT MANAC $63.00 $63.00 PROJECT MANAGER $36.30 $36.30 PROFESSIONAL LAND SU $39.00 $39.00 ENGINEER 5 $65.00 $65.00 ENGINEER 2 $22.80 $22.80 SURVEYOR 3 $30.00 $30.00 SURVEYOR 2 $20.25 $20.25 TECHNICIAN 5 $38.50 $38.50 TECHNICIAN 4 $27.70 $27.70 TECHNICIAN 3 $21.33 $21.33 TECHNICIAN 2 $18.48 $18.48 TECHNICIAN 1 $12.75 $12.75 ADMINISTRATION $29.25 $29.25 PREPARED BY THE AGREEMENTS UNIT Printed 1/5/2015 9:34 AM 9 0 9 i 4 i I i 3 0 8 i 3 a d gya d i a 4 i i 4 !G i j O X0'04 ...... 4 4 111. Q N 3 �,.. 71WI W . i x? 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Consulting Engineers, Scientists&Surveyors December 17, 2014 Tim Klass, P.E. Frank Novotny&Associates, Inc. 825 Midway Drive Willowbrook, IL 60527 SUBJECT: Proposal for Engineering Services Stormwater Analysis Village of Lemont, McCarthy Road Bicycle Lanes - Illinois Street to Walker Road Dear Tim: Engineering Resource Associates, Inc. (ERA)is pleased to submit this proposal for engineering services for the stormwater analysis for the McCarthy Road Bicycle Lanes Project. Project Understanding Frank Novotny&Associates, Inc. (Novotny)has been retained by the Village of Lemont to provide engineering services for the McCarthy Road Bicycle Lanes Project from approximately Illinois Street to Walker Road a distance of approximately 8,000 feet. The project is being partially funded by IDOT and with Federal money. Therefore, it is our understanding that the project must follow and be designed per IDOT standards and guidelines. Novotny now desires to retain ERA to provide stormwater system design services as subconsutants.The stormwater design will need to conform to IDOT standards as provided in the IDOT Drainage Manual. It is our understanding that a formal IDOT Location Drainage Study will not be required, however, an abbreviated LDS report shall be completed to meet IDOT standards. It is assumed that there are no identified drainage problems and no floodplain or wetland impacts along the project corridor. Scope of Services ERA will provide engineering services in accordance with the following work plan: 1. Meetings and Coordination—This task includes general email and phone coordination with Novotny. It is also anticipated that one coordination meeting will be performed under this task. 2. Data Gathering—Acquire relevant background data from various sources including 2.1. Engineer's site visit 2.2. Cross-sections from Novotny 2.3. Topographic Survey data and existing conditions plans from Novotny 2.4. Preliminary and proposed roadway plans from Novotny 2.5. Contour mapping from Novotny, Cook County, or Village of Lemont PAGE 10F5 FRANK NOVOTNY&ASSOCIATES,INC. PAGE 2 OF 5 DECEMBER 17,2014 2.6. Plans from adjacent developments or past roadway improvements from Novotny or the Village of Lemont 2.7. Drainage studies from past studies or development projects from Novotny or the Village of Lemont 2.8. Flood Insurance Mapping from various sources 2.9. Aerial imagery from various sources 3. Wetland Determination/Delineation-ERA will perform a wetland delineation within the anticipated bike lane corridor. The wetland delineation will be limited to the ROW and 50'beyond, Wetlands will be staked by pin flag and/or marking tape labeled"wetland", The wetland delineation includes preparation of a Written Delineation Report Containing: a. U.S.Army Corps of Engineers (USACE)data forms; b. Documentation o f verification of threaten ed and endangered species consultation with appropriate Federal and State agencies; c, Aerial map exhibit of site showing approximate locations of data sampling points, and wetland boundaries; d. Floristic Quality Assessment; e. Identification of off-site wetlands within 50'of the ROW; f, Site photos as necessary to describe wetland and other regulated areas. Based on a preliminary look at aerial maps it does not appear that wetlands will be disturbed by the proposed improvements. Therefore,wetland mitigation and restoration plans are not anticipated. 4. Existing Drainage Plan (EDP) 4.1. Determine location,size and other data for existing pipes,culverts, ditches and outfalls from gathered information. 4.2. Delineate tributary areas from contour mapping and existing conditions plans. 4.3.- Determine time of concentrations and "C"values from gathered information. 4.4. Analyze existing flow volumes and velocities in existing pipes, culverts,ditches and outfalls and evaluate suitability for continued use and outlet sensitivity. Storm sewer flows will be analyzed using the Rational Method in accordance with IDOT procedures.For the purposes of this proposal,it is assumed that the existing outlets will be capable of accommodating proposed flows so that no detention storage or pipe oversizing will be required. 4.5. Prepare EDP using FNA preliminary plans as a base.The EDP will show external areas draining to the right of way,sheet and concentrated flow entering the highway drainage system,drainage summits, drainage divides,existing drainage facilities, and outlets. The EDP will also show tributary areas and"C"values for each drainage area identified. 5. Proposed Drainage Plan (PDP) 5.1. Evaluate cross sections and preliminary plans to see if additional right of way or drainage easements may be needed. 5.2. Evaluate proposed drainage alternatives to develop preferred improvements. 5.3. Delineate tributary areas from contour mapping and proposed conditions plans. 5.4. Determine time of concentrations and"C"values from gathered information. 5.5. Analyze proposed flow volumes and velocities in proposed storm sewers,ditches and. culverts. Determine conformance with IDOT standards. Storm sewer flows will be analyzed using the Rational Method in accordance with IDOT procedures. 5.6. Design inlet spacing in accordance with IDOT procedures. FRANK NOVOTNY&ASSOCIATES,INC. PAGE 3 OF 5 DECEMBER 17,2014 5.7. Design ditches in accordance with IDOT procedures. 5.8. Prepare Proposed Drainage plan by marking proposed drainage facilities onto FNA proposed conditions plan and profile sheets. Final drafting for Phase II plans will be performed by FNA. 6. LDS Preparation—An abbreviated LDS report will be prepared. The LDS report will contain narrative including an introduction, a summary of existing drainage conditions, and a summary of proposed drainage conditions, It will include EDP and PDP exhibits,stormwater calculations, and recommendations for best management practices. e t Ordinance Stormwater Permit—The MWRD has adopted Watershed Management ted a new n p watershed management ordinance(WMO). ERA will prepare a brief report that demonstrates how the project meets the WMO. It is assumed that the project will not require detention, wetland mitigation,or BMPs. It is anticipated that report will utilize the LDS as the basis for the report. ERA will submit the report to the Village of Lemont or MWRD for approval. This task includes responding to comments and acquiring a stormwater management permit. Services Not Included Only services specifically described in this proposal are included in our scope of work. The following are specifically excluded, although they may be added as a contract amendment at a future date for an agreed additional fee: • Survey Services • Additional meetings beyond those described above • Public/Board Meetings&Presentations • Final Design Services • Wetland Mitigation Services • Wetland or Riparian Restoration Services • BMP Design or Analysis • Specifications • Regulatory Floodplain Modeling • Army Corps/Soil and Water Conservation District Permitting • Floodplain/Floodway Permitting Schedule The work described in this agreement will be performed as expeditiously as weather and other physical conditions permit. The Engineer shall not be liable to the Owner, if delayed in,or prevented from performing the work as specified herein through any cause or causes beyond the control of the Engineer and not caused by his own fault or negligence including acts of God, or the public enemy, inclement weather conditions, acts of the government after the effective date of this agreement, fires,floods, epidemics, strikes,jurisdictional disputes, lockouts, and freight embargoes. FRANK NOVOTNY&ASSOCIATES,INC. PAGE 4 OF 5 DECEMBER 17,2014 Hours and Fees Hours and fees for engineering services described in this proposal are proposed on a"Cost-Plus Basis" using our 2014 IDOT approved overhead rate of 120.96.. The total,not to exceed fee for this assignment is $28,155.22.A detailed cost estimate of consultant services summary is provided at the end of this proposal. We appreciate the opportunity to submit this proposal and trust that it meets your approval. If you have any questions, please contact me at 630.393.3060 or mmichalisko a,eraconsultants,com.The attached general terms and conditions are expressly incorporated into and are an integral part of this proposal for engineering services. Sincerely, ENGINEERING RESOURCE ASSOCIATES,INC, WARRENVILLE l' Marty Michalisko, P.E., CFM Project Manager (1) FRANK NOVOTNY&ASSOCIATES,INC. PAGE 5 OF 5 DECEMBER 17,2014 Exhibit'1 Acceptance&Authorization Form—December 17,2014 Proposal Engineering Services for McCarthy Road Bicycle Lanes Engineering Resource Associates, In/ Frank Novotny&Associates,Inc. Authorized ignature Authorized Signature TSA i eS L_ CA IcE Pi-et(Of Marty Michalisko, PE,Project Manager PrintedName and Title 35701 West Avenue Date Suite 150 Warrenville, Illinois 60555 T 630-393-3060,F 630-393-2152 Please Provide Contact Information: Mailing Address: 825 Midway Drive (please provide street address for UPS deliveries) Willowbrook, IL 60527 Telephone& Facsimile Numbers: 630-887-8640 ( 630-887-0132 Fax) Email Address: jimcainkar@franknovotnyengineering.co INVOICES should be sent via: Email ❑ USPS Mail❑ Email& USPS Mail ❑ If different than above address, invoices should be addressed to: Attn: Invoice Email Address(if different than above) CEI 00 a ° s- NI- 03 W cO 0 o N h �* 0000° oo o o J co c000mvI01 0) 0 O 0 h LL ❑ Q (D [t I� N 6? ,- f0 co r O O O a F.. taf00 CONY) 00 O O N o p N N N O T u F r O- . 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O V • [ N h N T z U ro O• m m Q'• N y 3 0 el —4 II C )r - _ (D C V JW O00 Oh C 0) OD OD h W Cfl M N- v- O O <Y CD 1 0 Ce 0v- LO CON CD v- N O CO h O O <Y M N N v- CD O N CD C '� Q Q O In NI CM M O CC I` m CO CV CV CD c0 C+j O t.f) C U 0ce r- 6 Q) ,rd' M h co C7N CO NC- r V NCO NMN N LU 2 _ o > > U _ Z > > > — _ — c C d u7 — Qp CV a) m a) a) a) > _ (O co o la p > _- Z J F' a) a) a) a) a) a) .0 .C? = U T W J Q .0 c C c C C W ) C C_c22 /130-a) N cA W p. c c c c c c c c = _ — a) a) n cn fn In Q .1 } LU w W W w LU 'rn a) m a� I- I- E m U) a) co a) " 0. 0- - CCCCCCwW cCC c cC cCn � C = •CO 'D ` O co 2 co .N .N .N .0 U .0 - 7 C C c a) a) a) a) C N o N y 0 op 0 C C C Ct c c c c c) c o a •o -o u. )l a 1 aalldaaIZ5651inlncnLLI_UU)_U.) wUJw_CL. UAQ ¢ ¢_ 1 1 Engineering Resource Associates,Inc. GENERAL TERMS AND CONDITIONS 1. COMPLIANCE WITH Laws: Engineering Resource Associates, Inc. (Engineer) will strive to exercise usual and customary professional care in his efforts to comply with those laws,codes,ordinance and regulations which are in effect as of the date of th is Agreement. With specific respect to prescribed requirements of the Americans with Disabilities Act of 1990 or certified state or local accessibility regulations(ADA),Client understands ADA is a civil rights legislation and that interpretation of ADA is a legal issue and not a design issue and,accordingly,retention of legal counsel(by Client)for purposes of interpretation is advisable. As such and with respect to ADA,Client agrees to waive any action against Engineer,and to indemnify and defend Engineer against any claim arising from Engineer's alleged failure to meet ADA requirements prescribed. 2. DESIGNATION OF AUTHORIZED REPRESENTATIVE:Each party(to this Agreement)shall designate one or more persons to act with authority in its behalf in respect to appropriate aspects of the Project. The persons designated shall review and respond promptly to all communications received from the other party. 3. STANDARD OF PRACTICE:The Engineer will strive to conduct services under this Agreement in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions as of the date of this Agreement. No other representation,express or implied,and no warranty or guarantee is included or intended in this Agreement,or in any report,opinion,document,or otherwise. 4. GOVERNING LAW:This Agreement shall be governed by and construed in accordance with Articles previously set forth by Item 1.of this Agreement,together with the laws of the State of Illinois. 5. RESPONSIBILITY OF THE ENGINEER:Notwithstanding anything to the contrary which may be contained in this Agreement or any other material incorporated herein by reference,or in any Agreement between the Client and any other party concerning the Project,the Engineer shall not have control or be in charge of and shall not be responsible for the means,methods,techniques, sequences or procedures of construction, or the safety, safety precautions or programs of the Client, the construction contractor,other contractors or subcontractors performing any of the work or providing any of the services on the Project. Nor • shall the Engineer be responsible for the acts or omissions of the Client,or for the failure of the Client,any architect,engineer, consultant,contractor or subcontractor to carry out their respective responsibilities in accordance with the Project documents, this Agreement or any other agreement concerning the Project. Any provision which purports to amend this provision shall be without effect unless it contains a reference that the content of this condition is expressly amended for the purposes described in such amendment and is signed by the Engineer. 6. CLIENT'S RESPONSIBILITIES:The Client agrees to require the Contractor,to the fullest extent permitted by law,to indemnify,hold harmless,and defend the Engineer,its consultants,and the employees and agents of any of them from and against any and all claims,suits,demands,liabilities,losses,damages,and costs("Losses'),including but not limited to costs of defense,to the extent arising in whole or in part out of the negligence of the Contractor,its subcontractors,the officers,employees,agents, and subcontractors of any of them,or anyone for whose acts any of them may be liable,regardless of whether or not such Losses are caused in part by a party indemnified hereunder. Specifically excluded from the foregoing are Losses arising out of the preparation or approval of maps,drawings,opinions,reports,surveys,change orders,designs,or specifications,and the giving of or failure to give directions by the Engineer, its consultants, and the agents and employees of any of them, provided such giving or failure to give is the primary cause of Loss. The Client further agrees to require the Contractor to name the Engineer,its agents and consultants as additional insureds on the Contractor's policy or policies of comprehensive or commercial general liability insurance. Such insurance shall include products and completed operations and contractual liability coverages,shall be primary and non-contributing with any insurance maintained by the Engineer or its agents and consultants,and shall provide that the Engineer be given thirty days,unqualified written notice rior to any cancellation thereof. P Y In the event the foregoing requirements,or any of them,are not established by the Client and met by the Contractor,the Client agrees to indemnify and hold harmless the Engineer,its employees,agents,and consultants from and against any and all Losses which would have been indemnified and insured against by the Contractor,but were not. 1 of 5 Engineering Resource Associates,inc.-August,2004 When Contract Documents prepared under the Scope of Services of this contract require insurance(s)to be provided,obtained and/or otherwise maintained by the Contractor,the Client agrees to be wholly responsible for setting forth any and all such insurance requirements. Furthermore,any document provided for Client review by the Engineer under this Contract related to such insurance(s)shall be considered as sample insurance requirements and not the recommendation of the Engineer. Client agrees to have their own risk management department review any and all insurance requirements for adequacy and to r determine specific types of insurance(s)required for the project Client further agrees that decisions concerning types and amounts of insurance are specific to the project and shall be the product of the Client As such, any and all insurance requirements made part of Contract Documents prepared by the Engineer are not to be considered the Engineer's recommendation,and the Client shall make the final decision regarding insurance requirements, 7. INFORMATION PROVIDED BY OTHERS:The Engineer shall indicate to the Client the information needed for rendering of the services of this Agreement. The Client shall provide to the Engineer such Information as is available to the Client and the Clients consultants and contractors,and the Engineer shall be entitled to rely upon the accuracy and completeness thereof. The Client recognizes that it is impossible for the Engineer to assure the accuracy,completeness and sufficiency of such information,either because it is impossible to verify or because of errors or omissions which may have occurred in assembling the information the Client is providing. Accordingly,the Client agrees,to the fullest extent permitted by law,to indemnify and hold the Engineer and the Engineer's subconsultants harmless from any claim,liability or cost(including reasonable attorneys' fees and cost of defense)for injury or loss arising or allegedly arising from errors,omissions or inaccuracies in documents or other information provided by the Client to the Engineer. 8. CHANGES:Client reserves the right by written change order or amendment to make changes in requirements,amount of work, or engineering time schedule adjustments,and Engineer and Client shall negotiate appropriate adjustments acceptable to both p arties to accommodate any changes,if commercially possible. 9. DOCUMENTS DELIVERED TO CLIENT:Drawings,specifications,and reports prepared by Engineer in connection with any or all of the services furnished hereunder shall be delivered to the Client for the use of the Client. Engineer shall have the right to retain originals of all Project Documents and drawings for its files. Furthermore, it is understood and agreed that the Project Documents such as,but not limited to reports,calculations,drawings,and specifications prepared for the Project,whether in hard copy or machine readable form,are instruments of professional service intended for one-time use in the construction of this Project. These Project Documents are and shall remain the property of the Engineer. The Client may retain copies, including copies stored on magnetic tape or disk,for information and reference in connection with the occupancy and use of the Project. It is also understood and agreed that because of the possibility that information and data delivered in machine readable form may be altered,whether inadvertently or otherwise,the Engineer reserves the right to retain the original tapes/disks and to remove from copies provided to the Client all identification reflecting the involvement of the Engineer in their preparation. The Engineer also reserves the right to retain hard copy originals of all Project Documentation delivered to the Client in machine readable form,which originals shall be referred to and shall govern in the event of any inconsistency between the two. The Client understands that the automated conversion of information and data from the system and format used by the Engineer to an alternate system or format cannot be accomplished without the introduction of inexactitudes,anomalies,and errors. In the event Project Documentation provided to the Client in machine readable form is so converted,the Client agrees to assume all risks associated therewith and,to the fullest extent permitted by law,to hold harmless and indemnify the Engineer from and against all claims,liabilities,losses,damages,and costs,including but not limited to attorneys fees,arising therefrom or in connection therewith. The Client recognizes that changes or modifications to the Engineer's instruments of professional service introduced by anyone other than the Engineer may result in adverse consequences which the Engineer can neither predict nor control. Therefore, and in consideration of the Engineer's agreement to deliver its instruments of professional service in machine readable form, the Client agrees,to the fullest extent permitted by law, to hold harmless and indemnify the Engineer from and against all claims,liabilities,losses,damages,and costs,including but not limited to attorney's fees,arising out of or in any way connected with the modification,misinterpretation,misuse,or reuse by others of the machine readable information and data provided by the Engineer under this Agreement. The foregoing indemnification applies, without limitation, to any use of the Project Documentation on other projects,for additions to this Project,or for completion of this Project by others,excepting only such use as may be authorized,in writing,by the Engineer. M 2 of 5 Engineering Resource Associates,Inc.-August,2004 10. REUSE OF DOCUMENTS:All Project Documents including but not limited to reports,original boring logs,field data,field notes, laboratory test data,calculations,opinions of probable costs,drawings and specifications furnished by Engineer pursuant to this Agreement are intended for use on the Project only. They cannot be used by Client or others on extensions of the Project or any other project.Any reuse,without specific written verification or adaptation by Engineer,shall be at Client's sole risk,and Client shall indemnify and hold harmless Engineer from all claims,damages,losses,and expenses including attorney's fees arising out of or resulting therefrom. 11. FORCE MA,IEURE:Neither Client nor Engineer shall be liable for any fault or delay caused by any contingency beyond their control including but not limited to acts of God,wars,strikes,walkouts,fires,natural calamities,or demands or requirements of governmental agencies. 12. RELATIONSHIP BETWEEN ENGINEER AND CLIENT: Engineer shall serve as Clients professional engineer consultant in those phases of the Project to which this Agreement applies. This relationship is that of a buyer and seller of professional services and as such the Engineer is an independent contractor in the performance of this Agreement and it is understood that the parties have not entered into any joint venture or partnership with the other. The Engineer shall not be considered to be the agent of the Client. 13. SUSPENSION OF SERVICES:Client may,at any time,by written order to Engineer(Suspension of Services Order)require Engineer to stop all,or any part,of the services required by this Agreement Upon receipt of such an order,Engineer shall immediately comply with its terms and take all reasonable steps to minimize the costs associated with the services affected by such order. Client,however,shall pay all costs incurred by the suspension,including all costs necessary to maintain continuity and for the II' resumptions of the services upon expiration of the Suspension of Services Order. Engineer will not be obligated to provide the same personnel employed prior to suspension,when the services are resumed,in the event that the period of suspension is greater than thirty(30)days. 14. TERMINATION: This Agreement may be terminated by either party upon thirty(30)days written notice in the event of substantial '•, failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. This Agreement may be terminated by Client,under the same terms,whenever Client shall determine that termination is in its best interests. Cost of termination,including salaries,overhead and fee,incurred by Engineer either before or after the termination date shall be reimbursed by Client. 15. SUCCESSORS AND ASSIGNS:The terms of this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns:provided,however,that neither party shall assign this Agreement in whole or in part without the prior written approval of the other. 16. ENTIRE UNDERSTANDING OF AGREEMENT:This Agreement represents and incorporates the entire understanding of the parties hereto,and each party acknowledges that there are no warranties,representations,covenants or understandings of any kind, matter or description whatsoever,made by either party to the other except as expressly set forth herein. Client and the Engineer hereby agree that any purchase orders, invoices, confirmations, acknowledgments or other similar documents executed or delivered with respect to the subject matter hereof that conflict with the terms of the Agreement shall be null,void and without effect to the extent they conflict with the terms of this Agreement. 17. AMENDMENT:This Agreement shall not be subject to amendment unless another instrument is duly executed by duly authorized representatives of each of the parties and entitled"Amendment of Agreement". 18. PAYMENT: Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within thirty(30)days of its receipt. The client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause within said thirty(30)day period at the rate of eighteen(18)percent per annum(or the maximum interest rate permitted under applicable law,whichever is the lesser)until paid. Client further agrees to pay Engineer's cost of collection of all amounts due and unpaid after sixty(60)days,including court costs and reasonable attorney's fees,as well as costs attributed to suspension of services accordingly. In the event legal action is necessary to enforce the payment provisions of this Agreement,the Engineer shall be entitled to collect from the Client any judgement or settlement sums due, reasonable attorneys'fees,court costs and expenses incurred by the Engineer in connection therewith and,in addition,the reasonable value of the Engineer's time and expenses spent in connection with such collection action, computed at the Engineer's prevailing fee schedule and expense policies, If the Client fails to make payments when due or otherwise is in breach of this Agreement,the Engineer may suspend performance of services upon five(5)calendar days'notice to the Client. The Engineer shall have no liability whatsoever to the Client for any costs or damages as a result of such suspension caused 3 of 5 Engineering Resource Associates,Inc.-August,2004 by any breach of this Agreement by the Client. Client will reimburse Engineer for all associated costs as previously set forth in Item 13 of this Agreement. Payments due Engineer are not contingent upon project approval or project financing and are the sole responsibility of the Client. If an invoice for work performed by Engineer remains unpaid sixty(60)days form the date of the invoice and,if there is no written resolution of payment from the client during the sixty(60)day period,Engineer will stop all work on the assignment. 19. INDEMNIFICATION: Engineer agrees, to the fullest extent permitted by law,to indemnify and hold harmless Client up to the amount of this contract fee(for services)from loss or expense,including reasonable attorneys fees to the extent caused by Engineer's negligent acts,errors or omissions in the performance of professional services under this Agreement.Client agrees, to the fullest extent permitted by law,to indemnify and hold harmless Engineer from any damage,liability or cost,including reasonable attorneys'fees and costs of defense,to the extent caused by the Client's negligent acts,errors or omissions and those of his or her contractors,subcontractors or consultants or anyone for whom the Client is legally liable,and arising form the project that is the subject of this Agreement. In the event of joint or concurrent negligence of Engineer and Client,each shall bear that portion of the loss or expense that its share of the joint or concurrent negligence bears to the total negligence (induding that of third parties)which caused the personal injury or property damage. Engineer shall not be liable for special, incidental or consequential damages,including,but not limited to loss of profits,revenue,use of capital,claims of customers, cost of purchased or replacement power,or for any other loss of any nature,whether based on contract,tort,negligence,strict liability or otherwise,by reasons of the services rendered under this Agreement. 20. LIMIT OF LIABILITY:The Client and the Engineer have discussed the risks, rewards, and benefits of the project and the Engineer's total fee for services. In recognition of the relative risks and benefits of the Project to both the Client and the engineer,the risks have been allocated such that the Client agrees that to the fullest extent permitted by law,the Engineer's total aggregate liability to the Client for any and all injuries,claims,costs,losses,expenses,damages of any nature whatsoever or claim expenses arising out of this Agreement from any cause or causes,including attorney's fees and costs,and expert witness fees and costs,shall not exceed the total Engineer's fee for professional engineering services rendered on this project as made part of this Agreement. Such causes included but not limited to the Engineer's negligence,errors,omissions,strict liability or breach of contract. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising,unless otherwise prohibited by law. 21. NOTICES:Any notice or designation required to be given to either party hereto shall be in writing,and unless receipt of such notice is expressly required by the terms hereof shall be deemed to be effectively served when deposited in the mail with sufficient first class postage affixed, and addressed to the party to whom such notice is directed at such party's place of business or such other address as either party shall hereafter furnish to the other party by written notice as herein provided. 22. ACCESS AND PERMITS:Client shall arrange for Engineer to enter upon public and private property and obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the Project. Client shall pay costs (including Engineer's employee salaries,overhead and fee)incident to any effort by Engineer toward assisting Client in such access,permits or approvals,if Engineer perform such services. 23. WAIVER OF CONTRACT BREACH:The waiver of one party of any breach of the Agreement or the failure of one party to enforce at any time,or for any period of time,any of the provisions hereof,shall be limited to the particular instance,shall not operate or be deemed to waive any future breathes of this Agreement and shall not be construed to be a waiver of any provision,except for the particular instance. 24. OPINIONS OF PROBABLE Cost Since Engineer has no control over the cost of labor, materials or equipment, or over the Contractor(s)method of determining process,or over competitive bidding or market conditions,his opinions of probable Project Construction Cost provided for herein are to be made on the basis of his experience and qualifications and represent his best judgement as a design professional familiar with the construction industry,but Engineer cannot and does not guarantee that proposal,bids or the Construction Cost will not vary from opinions of probable construction cost prepared by him. If prior to the Bidding or Negotiating Phase,Client wishes greater accuracy as to the Construction Cost, the Client shall employ an independent cost estimator Consultant for the purpose of obtaining a second construction cost opinion independent from Engineer. 25. CONSTRUCTION OBSERVATION CLAUSE:The Owner will include the following clause in the construction contract documents and Owner agrees not to modify or delete it Kotecki Waiver: Contractor(and any subcontractor into whose subcontract this douse is incorporated)agrees to assume the 4 of 5 Engineering Resource Associates,inc.-August,2004 entire liability for all personal injury claims suffered by its own employees,including without limitation claims under the Illinois Structural Work Act,asserted by persons allegedly injured on the Project;waives any limitation of liability defense based upon the Workers Compensation Act,court interpretations of said Act or otherwise;and agrees to indemnify and defend Owner and Engineer and their agents,employees and consultants(the"Indemnities")from and against all such loss,expense,damage or injury,including reasonable attorneys'fees,that the indemnities may sustain as a result of such claims,except to the extent that Illinois law prohibits indemnity for the indemnities'own negligence. 26. SEVERASILrrY OF INVALID PROVISIONS:If any provision of the Agreement shall be held to contravene or to be invalid under the laws of any particular state,county or jurisdiction where used,such contravention shall not invalidate the entire Agreement, but it shall be construed as if not containing the particular provisions held to be invalid in the particular state, country or jurisdiction and the rights or obligations of the parties hereto shall be construed and enforced accordingly. 27. HAZARDOUS MATERIALS:It is acknowledged by both parties that Engineer's scope of services does not include any services related to asbestos or hazardous or toxic materials.In the event Engineer or any other party encounters asbestos or hazardous or toxic materials at the job site,or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of Engineer's services,Engineer may at his option and without liability for consequential or any other damages,suspend performance of services on the project until Client retains appropriate specialist consultant(s)or contractor(s)to identify,abate and/or remove the asbestos or hazardous or toxic materials,and warrant that the job site is in full compliance with applicable laws and regulations. 26. RIGHT OF ENTRY:Client hereby grants Engineer and its subcontractors or agents the right to enter from time to time property owned by Client and/or other(s)in order for Engineer to fulfill the scope of services included hereunder. Client understands that use of exploration equipment may cause some damage,the correction of which is not part of this Agreement. Client also understands that the discovery of certain hazardous conditions and/or taking preventive measures relative to these conditions may result in a reduction of the Property's value.Accordingly,Client waives any claim against Engineer and its subcontractors or agents,and agrees to defend,indemnify and hold Engineer harmless from any claim or liability for injury or loss allegedly arising from procedures associated with subsurface exploration activities or discovery of hazardous materials or suspected hazardous materials. In addition,Client agrees to compensate Engineer for any time spent or expenses incurred by Engineer in defense of any such claim with compensation to be based upon Engineer's prevailing fee schedule and expense reimbursement policy.Engineer shall not be liable for damage or injury from damage to subterranean structures(pipes,tanks, cables,or other utilities,etc.)which are not called to Engineer's attention in writing and correctly shown on the diagram(s) furnished by Client to Engineer. 29, SAMPLES:Soil, rock,water and/or other samples obtained from the Project site are the property of Client Engineer shall preserve such samples for no longer than sixty(60)calendar days after the issuance of any document that includes the data obtained from them, unless other arrangements are mutually agreed upon in writing. Should any of these samples be contaminated by hazardous substances or suspected hazardous substances,it is Client's responsibility to select and arrange for lawful disposal procedures,that is,procedures which encompass removing the contaminated samples from Engineer's custody and transporting them to a disposal site. Client is advised that,in all cases,prudence and good judgment should be applied in selecting and arranging for lawful disposal procedures. Due to the risks to which Engineer is exposed,Client agrees to waive any claim against Engineer,and to defend,indemnify and hold Engineer harmless from any claim or liability for injury or loss arising from containing,labeling,transporting,testing,storing,or other handling of contaminated samples. Client also agrees to compensate Engineer for any time spent and expenses incurred by Engineer in defense of any such claim,with such compensation to be based upon Engineer's prevailing fee schedule and expense reimbursement policy. END OF GENERAL TERMS AND CONDITIONS 5 of 5 Engineering Resource Associates,Inc.-August,2004 Air LOAt Kerlid.Lindgren,01-tare,Abc orta,inc. December 22,2014 t<<`-5 Y-99 s;; �; s '- ; <;;7 Mr. Timothy Klass, PE Frank Novotny & Associates, Inc. 825 Midway Drive Willowbrook, Illinois 60527 Re: McCarthy Road from Illinois Street to Walker Road Traffic Count Data Collection Lemont, Illinois Dear Tim: As requested, Kenig,Lindgren, O'Hara, Aboona, Inc. (KLOA, Inc.)has estimated the cost to conduct machine counts on McCarthy Road in Lemont, Illinois The counts will be conducted on three consecutive weekdays and will include traffic volume by direction,classification and speed. The tubes will be set at three locations: j - Between Illinois and Holmes Street - Between Wexford Drive and Fourth Street - Between Hillcrest Drive and Walker Road om lete the study to be 3 500 and to complete the work to be within We estimate the cost to c $ , P Y P two to three weeks from receipt of authorization to proceed. An invoice will be submitted at the completion of the work and will be due and payable within 30 days of the date of the invoice. To the maximum extent permitted by law, Frank Novotny & Associates, Inc. agrees to limit Kenig,Lindgren,O'Hara,Aboona,Inc.'s liability for Frank Novotny&Associates,Inc.'s damages up to the sum of the total fee on this project. This limitation should apply regardless of the cause of action or legal theory pled or asserted. We are pleased to have this opportunity again to serve you on this assignment. We will initiate our work upon receipt of a signed copy of this letter of agreement. Sincerely, KEE IG L OGREN, O'HARA, ABOONA,INC. ACCEPTED AND APPROVED THIS 0 ;;/ Z DAY OF ('r2JC�-;2014 'V a PE / As its Prin .al c j and Contracting Officer (Si: : ure) j�vEN) r Lk C4( ti �.7.- I' (Typed/Printed Name) Authorized to Execute Agreements for: 15-7 4 (c-- No 1./ X/4-1" KLOA. Inc. ll.: ,, 131 Exhibit A-Preliminary Engineering Route: Local Agency: *Firm's approved rates on file with IDOT'S (Municipality/Township/County) Bureau of Accounting and Auditing: Section: Project: Overhead Rate(OH) 128.84 % Job No.: Complexity Factor(R) 0.00 Calendar Days Method of Compensation: Cost Plus Fixed Fee 1 ® 14.5%[DL+R(DL)+OH(DL)+IHDC] Cost Plus Fixed Fee 2 ❑ 14.5%[DL+R(DL)+ 1.4(DL)+IHDC] Cost Plus Fixed Fee 3 ❑ 14.5%[(2.3+R)DL+IHDC] Specific Rate ❑ Lum p Sum ❑ Cost Estimate of Consultant's Services in Dollars Employee Man- Payroll Payroll Services by In-House Element of Work Classification Hours Rate Costs(DL) Overhead* Others Direct Costs Profit Total (IHDC) Principal 4.00 $70.00 $280.00 $360.75 $92.91 $733.66 Consultant 29.00 $26.44 $766.76 $987.89 $254.42 $2009.08 Traffic Counts $750.00 $750.00 Totals 33.00 _$1M46.76 $1,348.64 _$750.00 $347.33 $3,492.74 Page 6 of 7 BLR 05610(Rev.11/21/3) Printed on 12/23/2014 4:04:57 PM co O - - - - - Q Oi N_ 1 0 0 0 0 0 0 N to O O CO > LL N 0 CO 0 o Z Q F-Q to to to '- O O 0 i W p 0 N 0 to Q c 0 o O O O N . to O 0 C) "' r aO (D V m J M N M N O N 0 -0 N Q _ N 0 1, t C w O w N (D F- F (, r v a 0 _ O O J O p O i- v co Co O o N. w (" o s- 5 m F C9 W w O LU U _ , . , o > o LL v a O W " e2 " Z co o ° U LLH< 0 Ct C aoaoto 4 o (v Z I— W M W 0 X W N O CO N w O W H- LL 1- I co W LL Z 0 H . - - . , W p 0 re 0 W W h f- w o 0 V x U o w N Q J LL a x x O z _ U W F- W O v H CO r V co co N O r (O I� ti ›. g x i m l 0 m � m -- N N oj U1 0 NM 0 r > Z N W l W o LL I— = o to o CO M n' J 4N (D ci ri w W 0 EN0)) Nto c o a Q O N y a m c - - , a0 O OOD co M C K V ir) W 0 w x Q L z U) C 1- N Z C > W O C J J E 2 N -U 0 Q W w C N C 1-' J Cl. ~ U O a DN 3 I- D 0 > 0 c ELI) uCO mO o m ro lc 0 €.) 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