R-25-08 05/12/2008RESOLUTION 2.25 -00
RESOLUTION APPROVING LOCAL AGENCY AGREEMENT FOR FEDERAL
PARTICIPATION AGREEMENT
FOR THE DERBY ROAD: 131ST STREET TO ARCHER AVENUE
LAPP RESURFACING PROJECT
WHEREAS, the Village of Lemont requires Preliminary Engineering services related to the
Derby Road (FAU 1024): 131st Street to Archer Avenue project;
WHEREAS, the Village of Lemont desires to enter into a Preliminary Engineering Services
Agreement for Federal Participation with Frank Novotny & Associates, Inc. (FNA), for a cost
not -to- exceed $38,600.00, and to procure 70% matching Federal Funds for this work;
WHEREAS, the Village Board has authorized the Village President to sign the Preliminary
Engineering Services Agreement for Federal Participation.
NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees that the
agreement attached hereto as Exhibit A is hereby approved.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DuPAGE, ILLINOIS, on this
12th day of May, 2008.
Brian Reaves
Debby Blatzer
Peter Coules
Ron Stapleton
Clifford Milkos
Jeanette Virgilio
AYES NAYS PASSED ABSENT
Approved by me this l2`h day of May, 2008.
Attest:
lade/K.&
CHARLENE SM LLEN, Village Clerk
Approved as to form:
CHARLENE S OLLEN, Village Clerk
N
, illage President
JOHN ANTONOPOULOS, Village Attorney
Local Agency
Village of Lemont
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Illinois Department
Illinois of Transportation
Preliminary Engineering
Services Agreement
For
Federal Participation
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Consultant
Frank Novotny & Associates, Inc.
County
Cook, DuPage, Will
Address
825 Midway Drive
Section
08- 00040 -00 -RS
City
Willowbrook
Project No.
M -8003 (974)
State
IL
Job No.
D-91-353-08
Zip Code
60527
Contact Name/Phone/E-mail Address
Gary C. Holmes, Administrator
gholmes@lemont.il.us
Contact Name/Phone/E -mail Address
James L. Cainkar, P.E.
jimcainkar @franknovotnyengineering.com
THIS AGREEMENT is made and entered into this day of , 2008 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.
Name Derby Road
Project Description
Route FAU 1024 Length 0.92 MI Structure No. N/A
Termini Derby Road (FAU 1024) to Archer Avenue (FAP 577)
Description Hot -mix asphalt resurfacing with polymerized leveling binder and surface courses, including aggregate shoulders, pavement
patching, thermoplastic pavement marking, and appurtenances.
Agreement Provisions
1. 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 120 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
Printed on 4/15/2008 10:47:17 AM
SLR 05610 (Rev. 9/06)
#05471
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 govemment 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.
❑ 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 fumish 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. 9/06)
Printed on 4/15/2008 10:47:17 AM
11. '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 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.).
111. 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.
Page 3 of 7 BLR 05610 (Rev. 9/06)
Printed on 4/15/2008 10:47:17 AM
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 Toss or damage shall be restored at the ENGINEER's
expense.
4. That none of the services to be fumished 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
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.
Page 4 of 7 BLR 05610 (Rev. 9/06)
Printed on 4/15/2008 10:47:17 AM
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.
Agreement Summary
Prime Consultant:
TIN Number
Agreement Amount
Frank Novotny & Associates, Inc.
36- 2728920
$38,600.00
Sub - Consultants:
TIN Number
Agreement Amount
$ 0.00
Not Applicable
N/A
Sub - Consultant Total:
$ 0.00
Prime Consultant Total:
$38,600.00
Total for all Work:
$38,600.00
Executed by the LA:
Lt. LG i forlezar-i
Charlene M. Smollen
(SEAL)
Executed by the ENGINEER:
ATTEST:
By:
Title: Timothy P. Geary, Secretary
VILLAGE OF LEMONT
By:
Clerk Title:
Page 5 of 7
Printed on 4/15/2008 10:47:17 AM
(Municipality/Township/County)
FRANK NOV •,LT�L OCIATES, INC.
By:
Title: James L. Cainkar, President
BLR 05610 (Rev. 9/06)
APPENDIX
INDEX
1
EXHIBIT A - Consultants Services Cost Estimate
EXHIBIT B - Average Hourly Payroll Rates
EXHIBIT C - Project Schedule
EXHIBIT D - Location Map
Exhibit A - Preliminary Engineering
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(AVERAGE PAYROLL RATE
M: \Lemont12005105471 - DERBY ROAD STP\A reements\Design Engineering Phase ((105471 - FAU_ENGR_HRS 021108 Phase 11 Derby Road. ds
4/14/2008 -3:12 PM
APPENDIX
INDEX
i
EXHIBIT A - Consultants Services Cost Estimate
EXHIBIT B - Average Hourly Payroll Rates
EXHIBIT C - Project Schedule
EXHIBIT D - Location Map
Illinois Department
of Transportation
Prime Consultant
Name
Address
Telephone
TIN Number
Project Information
Local Agency
Section Number
Project Number
Job Number
Exhibit A Page 6e
Frank Novotny & Associates, Inc.
825 Midway Drive, Willowbrook, IL 60527
(630) 887 -8640
36- 2728920
Village of Lemont
08- 00040 -00 -RS
M -8003 (974)
D -91- 353 -08
Engineering Payment Report
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 was executed by the Sub - consultant for the amount listed below.
Sub - Consultant Name
TIN Number
Actual Payment
from Prime
NOT APPLICABLE
Subconsulta
Sub - Consultant Total:
Prime Consultant Total:
Total for all Work
Completed:
greement.
James L. Cainkar, P.E, President
Signature and title of Prime Consultant
Zoo3
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.
Page 7 of 7
Printed on 4/15/2008 10:47:17 AM
BLR 05610 (Rev. 9/06)
Ci ri) Erdireeeeaa/
Ifnnkilinl Consultants
?auk Novotny cC Associates, Inc.
S.95 ay Mite o maul' brook, .2 (10527 •Telel+h,m: (too F01 8ia0 +F,z.x:(an8.11'r- 01,1':
APPENDIX `B'
AVERAGE HOURLY PAYROLL RATES
Effective Date; January 1, 2008
PAYROLL CLASSIFICATION PAYROLL RATE RANGE AVERAGE PAYROLL RATE
PRINCIPAL 70 00 TO 70 00 70 00
PROJECT MANAGER 48 67 TO 70 00 64.67
PROJECT ENGINEER 48 67 TO 48 67 48 67
CIVIL ENGINEER I 29 39 TO 29 39 29 39
SENIOR TECHNICIAN 30.40 TO 42 83 36.59
INSPECTOR 29 39 TO 48 67 37.29
SURVEYING TECHNICIAN 29 39 TO 48 67 37.29
CAD TECHNICIAN 19 25 TO 3420 28 53
TECHNICAL ASSISTANT 11 50 TO 15.25 12 38
EXHIBIT `C'
Approval of Engineering Agreement May 1, 2008
Pre - Final Plan September 30, 2008
Final Plan November 30, 2008
Project Bid March. 2009
LOCATION MAP
1
O .,
EXHIBIT 'D'
2e
n
a