R-13-08 03/10/2008RESOLUTION R ODE
RESOLUTION AUTHORIZING APPROVAL OF AN ENGINEERING AGREEMENT
WITH FRANK NOVOTNY & ASSOCIATES, INC. IN CONJUNCTION WITH
THE 2008 ROAD MFT RESURFACING PROGRAM
WHEREAS, the Village of Lemont requires engineering services related to the design
engineering inspection, and material testing of the 2008 Road MFT Resurfacing Program;
WHEREAS, the Village of Lemont seeks to utilize the firm of Frank Novotny & Associates,
Inc. as the Project Engineer; and
WHEREAS, the Village and Frank Novotny & Associates., Inc. have negotiated an
agreement to identify the terms and conditions of the services to be provided.
NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees that the
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 10'h day
of March, 2008.
AYES NAYS PASSED ABSENT
Brian Reaves v-1
Debby Blatzer
Peter Coules
Ron Stapleton 4,"
Staven-Resetietah PA .4
Jeanette Virgilio
Approved by me this 10`h day of March, 2008.
Attest:
41/6114ARLENE S OLLEN, Village Clerk
CHARLENE SMOLLEN, Village Clerk
JOHN F. PIAZZA, Village President
Approved as to form:
JOHN ANTONOPOULOS, Village Attorney
Date:
Municipality
Village of Lemont
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of Transportation
Preliminary /Construction
Engineering Services
Agreement
For
Motor Fuel Tax Funds
C
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L
A
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Name
Frank Novotny & Associates, Inc.
Township
Lemont
Address
825 Midway Drive
County
Cook, Will & DuPage
city
Willowbrook
Section
08- 00000 -01 -GM
State
Illinois, 60527
THIS AGREEMENT is made and entered into this 10th day of March , 2008 between the above Local
Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the
improvement of the above SECTION. Motor Fuel Tax Funds, allotted to the LA by the State of Illinois under the general
supervision of the State Department of Transportation, hereinafter called the "DEPARTMENT ", will be used entirely or in part
to finance ENGINEERING services as described under AGREEMENT PROVISIONS.
Section Description
Name 2008 MFT Resurfacing Route Various Length 7,503 FT 1.42 Miles)(Structure No. N/A
Termini
Povolish Court; Custer Street; Lintz Street; Fifth Street; Kromray Drive; and Carriage Ridge Lane
Description
Proposed Improvement to include hot -mix asphalt surface removal and resurfacing; polymerized leveling binder (machine
method); hot -mix asphalt surface course; pavement removal and replacement; combination curb and gutter removal and
replacement; shotcrete curb and gutter repair; and appurtenant construction.
Agreement Provisions
The Engineer Agrees,
1. To perform or be responsible for the performance of the following engineering services for the LA in connection with the
proposed improvement herein before described, and checked below:
a. ® Make such detailed surveys as are necessary for the preparation of detailed roadway plans- improvement
specifications.
b. ❑ Make stream and flood plain hydraulic surveys and gather high water data and flood histories for the
preparation of detailed bridge plans.
c. ❑ Make or cause to be made such soil surveys or subsurface investigations including borings and soil profiles and
analyses thereof as may be required to furnish sufficient data for the design of the proposed improvement.
Such investigations are to be made in accordance with the current requirements of the DEPARTMENT.
d. ❑ 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.
e. ❑ Prepare Army Corps of Engineers Permit, Division of Water Resources Permit, Bridge waterway sketch and/or
Channel Change sketch, Utility plan and locations and Railroad Crossing work agreements.
f. ❑ Prepare Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or culvert
types) and high water effects on roadway overflows and bridge approaches.
Note Four copies to be submitted to the Regional Engineer
Printed 3/4/2008
Page 1 of 5 BLR 05512 (Rev. 11/06)
#07351
g. ® Make complete special provisions, proposals and estimates of cost and furnish the
LA with five (5) copies of the plans, special provisions, proposals and estimates. Additional copies of any or all
documents, if required shall be furnished to the LA by the ENGINEER at his actual cost for reproduction.
h. ❑ Furnish the LA with survey and drafts in quadruplicate of 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.
i. ® Assist the LA in the receipt and evaluation of proposals and the awarding of the construction contract.
j. ® Furnish or cause to be furnished:
(1) Proportioning and testing of concrete mixtures in accordance with the "Manual of Instructions for
Concrete Proportioning and Testing" issued by the Bureau of Materials and Physical Research, of the
DEPARTMENT and promptly submit reports on forms prepared by said Bureau.
(2) Proportioning and testing of bituminous mixtures (including extracting test) in accordance with the
"Manual of Instructions for Bituminous Proportioning and Testing" issued by the Bureau of Materials and
Physical Research, of the DEPARTMENT, and promptly submit reports on forms prepared by said
Bureau.
(3) All compaction tests as required by the specifications and report promptly the same on forms prepared
by the Bureau of Materials and Physical Research.
(4) Quality and sieve analyses on local aggregates to see that they comply with the specifications contained
in the contract.
(5) Inspection of all materials when inspection is not provided at the sources by the Bureau of Materials and
Physical Research, of the DEPARTMENT and submit inspection reports to the LA and the
DEPARTMENT in accordance with the policies of the said DEPARTMENT.
k. Z Furnish or cause to be furnished
(1) A resident engineer, inspectors and other technical personnel to perform the following work: (The
number of such inspectors and other technical personnel required shall be subject to the approval of the
LA.)
a. Continuous observation of the work and the contractor's operations for compliance with the plans
and specifications as construction proceeds, but the ENGINEER does not guarantee the
performance of the contract by the contractor.
b. Establishment and setting of lines and grades.
c. Maintain a daily record of the contractor's activities throughout construction including sufficient
information to permit verification of the nature and cost of changes in plans and authorized extra
work.
d. Supervision of inspectors, proportioning engineers and other technical personnel and the taking
and submitting of material samples.
e. Revision of contract drawings to reflect as built conditions.
f. Preparation and submission to the LA in the required form and number of copies, all partial and
final payment estimates, change orders, records and reports required by the LA and the
DEPARTMENT.
2. That all reports, plans, plats and special provisions to be furnished by the ENGINEER pursuant to this agreement will be
in accordance with the current standard specifications and policies of the DEPARTMENT, it being understood that all
such reports, plats, plans and drafts shall before being finally accepted, be subject to approval by the LA and the said
DEPARTMENT.
3. To attend conferences at any reasonable time when requested to do so by the LA or representatives of the
DEPARTMENT.
4. In the event plans, surveys or construction staking are found to be in error during the construction of the SECTION and
revisions of the plans or survey or construction staking corrections are necessary, the ENGINEER agrees that he will
perform such work without expense to the LA, even though final payment has been received by him. He shall give
immediate attention to these changes so there will be a minimum delay to the contractor.
5. The basic survey notes and sketches, charts, computations and other data prepared or obtained by the ENGINEER
pursuant to this agreement will be made available upon request to the LA or the DEPARTMENT without cost and without
restriction or limitations as to their use.
6. To make such changes in working plans, including all necessary preliminary surveys and investigations, as may be
required after the award of the construction contract and during the construction of the improvement.
Printed 3/4/2008 Page 2 of 5 BLR 05512 (Rev. 11/06)
#07351
7 That all plans and other documents furnished by the ENGINEER pursuant to the AGREEMENT will be endorsed by him
and will show his professional seal where such is required by law.
8. To submit, upon request by the LA or the DEPARTMENT a list of the personnel and the equipment he /she proposes to
use in fulfilling the requirements of this AGREEMENT.
The LA Agrees,
1. To pay the Engineer as compensation for all services performed as stipulated in paragraphs 1a, 1g, 11, 2, 3, 5 and 6 in
accordance with one of the following methods indicated by a check mark:
a ® A sum of money equal to 2.5
approved by the DEPARTMENT.
b. ❑ A sum of money equal to the percentage of the awarded contract cost for the proposed improvement as
approved by the DEPARTMENT based on the following schedule:
Schedule for Percentages Based on Awarded Contract Cost
Awarded Cost Percentage Fees
Under $50,000
percent of the awarded contract cost of the proposed improvement as
(see note)
%
Note: Not necessarily a percentage. Could use per diem, cost -plus or lump sum.
2. To pay for services stipulated in paragraphs 1 b, 1c, 1 d, 1 e, 1 f, 1 h, 1j and 1 k of THE ENGINEER AGREES at the hourly
rates stipulated below for personnel assigned to this SECTION as payment in full to the ENGINEER for the actual time
spent in providing these services the hourly rates to include profit, overhead, readiness to serve, insurance, social
security and retirement deductions. Traveling and other out -of- pocket expenses will be reimbursed to the ENGINEER at
his actual cost. Subject to the approval of the LA, the ENGINEER may sublet all or part of the services provided under
paragraphs 1b, 1c, 1d, 1e, 1f, 1j and 1k of THE ENGINEER AGREES. If the ENGINEER sublets all or a part of this
work, the LA will pay the cost to the ENGINEER plus a five (5) percent service charge. "Cost to ENGINEER" to be
verified by furnishing the LA and the DEPARTMENT copies of invoices from the party doing the work. The
classifications of the employees used in the work should be consistent with the employee classifications for the services
performed. If the personnel of the firm including the Principal Engineer perform routine services that should normally be
performed by lesser - salaried personnel, the wage rate billed for such services shall be commensurate with the work
performed.
Grade Classification
of Employee
Principal- E- ngineer
Resident- Eagineor
Chiof of Party
Instrument -Man
Rodmen
Ins-pester-6
Hourly Rate
$140.00 - $145.00
$ 99.00 - $130.00
$ 98.00 - $110.00
$105.00 - $136.00
$ 92.00 - $ 99.00
$ 40.00 -$ 65.00
Principal
Project Manager
Project Engineer
Senior Technician
CAD Technician
Technical Assistant
The total cost of services to be furnished under item 1 k shall not exceed 5% of the final construction cost.
The hourly rates itemized above shall be effective the date the parties, hereunto entering this AGREEMENT, have affixed their
hands and seals and shall remain in effect until 12/31/2008 . In event the services of the ENGINEER extend
beyond 12/31/2008 , the hourly rates will be adjusted yearly by addendum to this AGREEMENT to compensate for
increases or decreases in the salary structure of the ENGINEER that are in effect at that time.
Printed 3/4/2008 Page 3 of 5 BLR 05512 (Rev. 11/06)
#07351
3 That payments due the ENGINEER for services rendered pursuant to this AGREEMENT will be made as soon as
practicable after the services have been performed, in accordance with the following schedule:
a. Upon completion of detailed plans, special provisions, proposals and estimate of cost - being the work required by
paragraphs la through 1g under THE ENGINEER AGREES - to the satisfaction of the LA and their approval by the
DEPARTMENT, 90 percent of the total fee based on the above fee schedule and the approved estimate of cost.
b. Upon award of the contract for the improvement by the LA and its approval by the DEPARTMENT, 100 percent of
the total fee (excluding any fees paragraphs 1j and 1 k of the ENGINEER AGREES), based on the above fee
schedule and the awarded contract cost, less any previous payment.
c. Upon completion of the construction of the improvement, 90 percent of the fee due for services stipulated in
paragraphs 1j and 1k.
d. Upon completion of all final reports required by the LA and the DEPARTMENT and acceptance of the improvement
by the DEPARTMENT, 100 percent of the total fees due under this AGREEMENT, less any amounts previously
paid.
By mutual agreement, partial payments, not to exceed 90 percent of the amount earned, may be made from time to time
as the work progresses.
4. That should the improvements be abandoned at any time after the ENGINEER has performed any part of the services
provided for in paragraphs 1 a and 1 g, and prior to the completion of such services the LA shall reimburse the
ENGINEER
for his actual costs plus 150 percent incurred up to the time he is notified in writing of such abandonment
"actual cost" being defined as material costs plus actual payrolls, insurance, social security and retirement deductions.
Traveling and other out -of- pocket expenses will be reimbursed to the ENGINEER at his actual cost.
5. That should the LA require changes in any of the detailed plans, specifications or estimates (except for those required
pursuant to paragraph 4 of THE ENGINEER AGREES) after they have been approved by the DEPARTMENT, the LA
will pay the ENGINEER for such changes on the basis of actual cost plus 150 percent to cover profit, overhead
and readiness to serve - "actual cost" being defined as in paragraph 4 above. It is understood that "changes" as used in
this paragraph shall in no way relieve the ENGINEER of his responsibility to prepare a complete and adequate set of
plans.
6. That should the LA extend completion of the improvement beyond the time limit given in the contract, the LA will pay the
ENGINEER, in addition to the fees provided herein, his actual cost incurred beyond such time limit - "actual cost" being
defined as in paragraph 4 above.
It is Mutually Agreed,
1. That any difference between the ENGINEER and the LA concerning the interpretation of the provisions of this
AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the
ENGINEER one member appointed by the LA and a third member appointed by the two other members for disposition
and that the committee's decision shall be final.
2. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at his last known post
office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all drawings, specifications,
partial and completed estimates and data if any from traffic studies and soil survey and subsurface investigations with
the understanding that all such material becomes the property of the LA. The ENGINEER shall be paid for any services
completed and any services partially completed in accordance with Section 4 of THE LA AGREES.
3. That if the contract for construction has not been awarded one year after the acceptance of the plans by the LA and their
approval by the DEPARTMENT, the LA will pay the ENGINEER the balance of the engineering fee due to make 100
percent of the total fees due under the AGREEMENT, based on the estimate of cost as prepared by the ENGINEER and
approved by the LA and the DEPARTMENT.
4. That the ENGINEER warrants that he /she has not employed or retained any company or person, other than a bona fide
employee working solely for the ENGINEER, to solicit or secure this contract and that he /she has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the ENGINEER, any fee, commission,
percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this
contract. For breach or violation of this warranty the LA shall have the right to annul this contract without liability.
Printed 3/4/2008
Page 4 of 5 BLR 05512 (Rev. 11/06)
#07351
IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed in quadruplicate counterparts, each of
.which shall be considered as an original by their duly authorized offices.
Executed by the LA:
ATTEST:
i /
%iir.: L- A� I11,40/�L
Charlene M. Smollen
(Seal)
Clerk
VILLAGE OF LEMONT
(Municipality/Township/County)
State of Illinois, acting by and through its
MAYOR AND BOARD OF TRUSTEES
By
of the
Title: John F. Piazza, Mayor
Executed by the ENGINEER:
ATTEST:
By
Title: Timothy P. Geary, P.E., Secretary
Approved
Date
Department of Transportation
Regional Engineer
FRANK NOVOTNY & ASSOCIATES, INC.
825 MIDWAY DRIVE
WILLOWBROOK, ILLINOIS 60527
Title: James L. Cainkar, P.E., P.L.S., President
Printed 3/4/2008 Page 5 of 5 BLR 05512 (Rev. 11/06)
#07351