R-83-04 12/13/2004RESOLUTION I �i3 'e% `ft
RESOLUTION AUTHORIZING APPROVAL OF AN ENGINEERING AGREEMENT
WITH FRANK NOVOTNY & ASSOCIATES, INC. IN CONJUNCTION WITH
THE 2005 MFT ROAD RESURFACING PROGRAM
WHEREAS, the Village of Lemont requires engineering services related to the supervision
of the 2005 MFT Road Resurfacing Program;
WHEREAS, the Village of Lemont seeks to utilize the firm of Frank Novotny & Associates,
Inc.; and
WHEREAS, the Village and Frank Novotny & Associates, Inc. have negotiated an
agreement to identify the terms and conditions of the services to be provided.
NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees that the
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 13`h day of
December, 2004.
AYES
Debby Blatzer
Peter Coules
Brian Reaves
Steven Rosendahl
Ronald Stapleton
Jeanette Virgilio
NAYS PASSED ABSENT
CHARLENE SMOLLEN, Village Clerk
Approved by me this 13th day of December, 2004.
Attest:
C RLENE SMOLLEN, Village Clerk
Approved as to form:
Date:
JOHN ANTONOPOULOS, Village Attorney
Municipality
Village of Lemont
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Illinois Department
of Transportation
Preliminary/Construction
Engineering Services
Agreement
For
Motor Fuel Tax Funds
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A T
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Name
Frank Novotny &
Associates, Inc.
Township
Lemont
_
Address:
825 Midway Drive
Counties
Cook, Will & DuPage
City:
Willowbrook
Section
05- 00000 -01 -GM
State: Zip:
Illinois • 60527
THIS AGREEMENT is made and entered into this 13`h day of December, 2004 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
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.
Name
Route
Section Description
2005 MFT Road Resurfacing Program
Keepataw Drive; Cherokee Place; Kim Place; Kip Place; Length 1.54 Mi. (Structure No. N /A)
Rose Hill Drive; Florence Street; Jane Avenue; and Jane Court
Termini Various
Description: Bituminous surface removal and resurfacing; curb and gutter repair; structure
adjustment; and appurtenances.
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 hereinbefore described, and checked below:
a. ❑ Make such detailed surveys as are necessary for the preparation of detailed roadway plans.
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 District Engineer BLR 4303(Rev.9 /97)(Modified)
(Project #04332) Page 1 of 5
•
g. Make complete general and detailed 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.
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i. ❑ Assist the LA in their receipt and evaluation of proposals and the awarding of the construction
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contract.
Fumish 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. ❑ 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 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 DEPARMTENT.
3. To attend conferences at any reasonable time when requested to do so by the LA or the DEPARTMENT.
BLR 4303(Rev.9 /97)(Modified)
Page 2 of 5
4. In the event plans, surveys or construction staking are found to be in error during 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 that there will be a minimum
delay to the Contractor.
5. That basic survey notes and sketches, charts, computations and other data prepared or obtained by the
ENGINEER pursuant to this AGREEMENT will be made available upon request to the 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.
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 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 1g, 1 i, 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 percent of the awarded contract cost of the proposed
improvements as approved by the DEPARTMENT.
b. ❑ A sum of money equal to the percentage of the awarded contract cost for the improvement as
approved by the DEPARTMENT based on the following schedule:
Schedule for Percentages Based on Awarded Contract Cost
Awarded Cost Percentage Fees
First $ 50,000.00 10.00 $(see note)
Next $ 50,000.00 7.75 ok
Next $ 100,000.00 6.50 ok
Next $ 200,000.00
Next $ 200,000.00
Next $ 450,000.00
Next $1.000,000.00
Next $2,000,000.00
Next $6,000,000.00
5.60
5.20 ok
5.10 ok
4.50 ok
4.10 %
3.90 %
Note: Not necessarily a percentage. Could use per diem, cost -plus or lump sum.
2. To pay for services stipulated in paragraphs 1j & 1k 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 service provided under paragraphs 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
invoice 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 Hourly Rate
Principal $124.00 to $134.00
Engineer $ 78.00 to $114.00
Senior Technician $ 98.00 to $120.00
Technician $ 74.00 to $ 90.00
CAD Technician $ 78.00 to $ 88.00
Technical Assistant $ 40.00 to $ 65.00
The total cost of Engineering Services outlined in Paragraph 1 k shall not exceed 7.5%
of the final Contract value.
BLR 4303(Rev.9 /97)(Modified)
Page 3 of 5
If the Engineer incurs and must pay his employees overtime at premium rates, the
billable rate charged above for each respective employee so affected shall be increased
by twenty -five percent (25 %).
The hourly rates itemized above shall be effective the date the parties, hereunto entering this AGREEMENT,
have affixed their hands and seals and shall remain in effect until December 31, 2005. In event the services
of the ENGINEER extend beyond December 31, 2005, the hourly rates will be adjusted yearly by addendum
to this AGREEMENT to compensate for increases or decreases in the salary structure of he ENGINEER that
are in effect at that time.
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 fee paragraphs 1j and 1k 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 improvement be abandoned at any time after the ENGINEER has performed any part of the
services provided for in paragraphs la through 1g, and prior to the completion of such services, the LA shall
reimburse the ENGINEER for his actual costs plus 136 percent incurred up to the time he is notified in
writing of such abandonment — "actual cost" being defined as material cost 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 136
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
know 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.
BLR 4303(Rev.9 /97)(Modified)
Page 4 of 5
)
3. That if the contract for construction has not been awarded one year after the acceptable 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 this 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 annual this contract without liability.
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 officers.
Executed by the LA:
By
VILLAGE OF LEMONT
of the
State of Illinois, acting by and through its
PRESIDENT AND BOARD OF TRUSTEES
Charlene M. Smollen Clerk By
(SEAL)
Tit j hn F. Piazza, Vill
President
Executed by the ENGINEER:
ATTEST:
By
I✓
Title: Timothy ' Geary, Sec
(SEAL)
Frank Novotny & Associates, Inc.
825 Midway Drive
Willowbrook, Illinois 60527
Title: James L. Cainkar, President
BLR 4303(Rev.9 /97)(Modified)
Page 5 of 5