R-40-04 06/14/2004RESOLUTION [R- 4n —O
RESOLUTION AUTHORIZING APPROVAL OF AN ENGINEERING AGREEMENT
WITH FRANK NOVOTNY & ASSOCIATES, INC. IN CONJUNCTION WITH
THE LOGAN / WARNER / SINGER PAVING IMPROVEMENTS
WHEREAS, the Village of Lemont requires engineering services related to the supervision
of the Logan / Warner / Singer Paving Improvements;
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 14th day of June,
2004.
Debby Blatzer
Peter Coules
Brian Reaves
Steven Rosendahl
Ronald Stapleton
Jeanette Virgilio
AYES NAYS PASSED ABSENT
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Approved by me this 14th day of June, 2004.
Attest:
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CHARLENE SMOLLEN, Village Clerk
ARLENE SMOLLEN, Village Clerk
PIAZZA, Vill . ge P e - • ent
Approved as to form:
JOHN ANTONOPOULOS, Village Attorney
Date:
EXHIBIT `A'
Owner:
Village of Lemont
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AGREEMENT FOR
ENGINEERING SERVICES
FOR
CONSTRUCTION
ENGINEERING
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Engineer:
Frank Novotny &
Associates, Inc.
Address:
418 Main Street
Address:
825 Midway Drive
City:
Lemont, IL 60439
City:
Willowbrook
Project No.:
04162
State: Zip:
Illinois 60527
THIS AGREEMENT, made and entered into this day of , 2004,
by and between FRANK NOVOTNY & ASSOCIATES, INC., whose address is 825 Midway
Drive, Willowbrook, Illinois, 60527, hereinafter called the "ENGINEER ", and the VILLAGE OF
LEMONT, whose address is 418 Main Street, Lemont, IL 60439, hereinafter called the
"OWNER" covers certain professional Engineering services in connection with the proposed
improvement designated as LOGAN / WARNER / SINGER PAVING IMPROVEMENTS, which
scope of construction work consists of the pavement reconstruction and utility replacement on
Logan Street: Park Place to State Street; Warner Avenue: Logan Street to Custer Street: and
Singer Avenue: Logan Street to Custer Street.
WITNESSETH THAT, in consideration of these premises and of the mutual covenants
herein set forth,
THE ENGINEER AGREES,
I. To perform or be responsible for the performance of the following Engineering Services
for the Owner in connection with the proposed improvement hereinbefore described:
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a. Fumish construction observation. Construction observation shall include:
1. Consultation on interpretation of Plans and Specifications and any changes
under consideration as construction proceeds.
2. Periodical job -site observation by the Engineer, or his representatives, as
construction progresses.
3. Overseeing the testing of sewer and /or water lines to determine whether the
completed project meets the requirements as outlined in the Specifications.
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4. Preparing and /or checking all payment estimates, change orders, records, and
reports required by the Owner or governmental agencies. Engineer shall attempt
to submit the Contractor's Mechanics Lien Waivers and Sworn Statements with
any payment recommendation; however, if such are not provided, then the
payment recommendation shall be conditioned upon their receipt.
5. Periodic observation of the Contractor's operations to endeavor to guard the
Owner against defects and deficiencies in the Work, and to determine in general
if the Work is being performed in a manner indicating that the Work, when fully
completed, will be in accordance with the Contract Documents. The Engineer
will organize and keep the project records. Engineer shall attempt to provide
written notice to Owner of Contractor's failure to carry out the work in substantial
accordance with the Contract Documents, of which Engineer has actual notice,
and of the corrective action required to remedy same.
6. Reviewing all shop and working drawings for the purpose of checking for
conformance with information given and the design concept. -
7. Reviewing and checking all reports by testing laboratories on equipment and
material tested.
8. Compiling a final punchlist relating to the completed Work, and preparation of
final papers and reports.
9. Revision of Contract drawings to show location and nature of improvement as
record drawings, from information furnished by the Contractor.
b. Provide construction layout and staking.
c. 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 Illinois Department of Transportation.
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 Illinois
Department of Transportation.
3. Compaction tests as required by the Specifications.
4. Quality and sieve analyses on local aggregates to see that they comply with the
Specifications contained in the Contract.
5. Fumish inspection of materials when inspection is not provided at the sources by
the Bureau of Materials of the Illinois Department of Transportation, if required by
the Owner.
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II. To attend conferences to be held at the request of the Owner in addition to normal visits
for observation purposes, and visit the site and review the work at any reasonable time when
requested to do so by the Owner.
III. 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 Owner without cost and without restriction or limitation as to their use.
IV. In the event Plans or surveys are found to be in error during construction of the
PROJECT due to the negligence or willful misconduct of the Engineer, and revisions of the
plans or survey corrections are necessary, the Engineer agrees that he will perform such work
without expense to the Owner 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.
V. 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.
VI. The Engineer will carry General Liability insurance in the amount of not less than
$1,000,000; Workman's Compensation of not less than $500,000; and Professional Liability
insurance of not less than $1,000,000. The Engineer shall name the Owner as "Additional
Insured" on the Engineer's General Liability policy.
THE OWNER AGREES,
I. To pay for the services stipulated in Paragraph I -a and b of "THE ENGINEER AGREES ",
a sum of money:
❑ a. Equal to percent of the amount determined by multiplying the final
Contract cost by the percentage(s) set forth under Paragraph I of THE OWNER
AGREES ".
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b. Based on the hourly rates stipulated below for personnel assigned to this project as
payment in full to the Engineer for the actual time spent in providing these services, the
hourly rates include profit, overhead, readiness -to -serve, insurance, social security and
retirement deductions. The classifications of the employees used in the work should be
consistent with the employee classifications for the services performed.
Grade Classification of Employee
Principal
Engineer
Senior Technician
Technician
CAD Technician
Technical Assistant
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Hourly Rate
$123.00 to $135.00
$ 78.00 to $114.00
$ 98.00 to $120.00
$ 74.00 to $ 90.00
$ 78.00 to $ 88.00
$ 40.00 to $ 73.00
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,
2004. In event the services of the Engineer extend beyond that date, the hourly rates will be
adjusted yearly by addendum to this Agreement to compensate for increases in the salary
structure of the Engineer that are in effect at that time.
The total fee for this section shall not exceed $50,000.00, unless the project exceeds the
working days or time limit noted in the construction contract, in which case the compensation
ceiling shall, if necessary, be adjusted to account for this expanded Scope of Work.
II. To pay for services stipulated in Paragraph I -c of the "THE ENGINEER AGREES ", the
Owner agrees to allow the Engineer to sublet all of the services provided under the paragraph
cited above. The Owner will pay the actual cost to the Engineer plus a five percent (5 %) service
charge. The Cost to Engineer is to be verified by furnishing the Owner copies of paid invoices
from the party doing the work.
III. 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.
Partial payments, not to exceed ninety percent (90 %) of the amount earned, may be
made from time to time as the work progresses.
IV. That should the Owner require changes in any of the detailed Plans, Specifications or
estimates (except for those required pursuant to Paragraph IV of "THE ENGINEER AGREES ")
after they have been approved by the Owner, the Owner will pay the Engineer for such changes
at the hourly rates noted in Paragraph I -b of the above, and for his sublet expenses as noted in
Part 11 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.
V. That, should the completion of the improvement extend beyond the time limit given in the
construction contract, the Owner will pay the Engineer, in addition to the fees provided herein,
his cost incurred beyond such time limit - at the hourly rates noted in Section I -b above, and or
his sublet expenses as noted in Part H above.
VI. That, the Engineer makes no warranties, either expressed or implied, in connection with
this Agreement or the services provided thereunder, and shall not be responsible for the
Contractor's or subcontractors means, methods, techniques, sequences or procedures, timely
performance, safety programs and precautions incident thereto, or construction, since they are
solely the Contractor's rights and responsibilities under the Contract documents; and that the
Engineer has no authority to stop work on behalf of the Owner. Nor shall the Engineer be
responsible for the acts or omissions of the Owner provided that the Engineer has properly
executed his duties. The Engineer shall not be responsible for the failure of the Owner, any
architect, engineer, consultant, contractor or subcontractor to carry out their respective
responsibilities in accordance with the project documents or any other agreement concerning
this project.
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VII. That, since the Engineer has no control over the cost of labor, material and equipment,
the estimate of probable construction cost is not a guarantee of actual construction cost, but is
the Engineer's professional opinion as to the probable cost of construction at the time of
preparation of the estimate.
VIII. That should the Owner require the Engineer to purchase insurance over and above the
coverage normally carried by the Engineer and noted in Part VI of the "ENGINEER AGREES ",
or require that the Owner be named as an "additional insured" on the Engineers policy, the
Owner will reimburse the Engineer at his actual invoice cost for the additional insurance
coverage requested.
IT IS MUTUALLY AGREED,
I. The laws governing this Agreement shall be the laws of the State of Illinois.
II. This Agreement may be terminated by the Owner 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 Owner all drawings, Specifications, partial and completed estimates
and data if any from traffic studies and soil survey, subsurface and sewer televising
investigations with the understanding that all such material becomes the property of the Owner.
Owner acknowledges that if conflicts exist between electronically transmitted documents and
hard copy documents, the hard copy documents prevail. If the Agreement is terminated or the
Contract for Construction has not been awarded one (1) year after the acceptance of the Plans
by the Owner, the Engineer shall be paid for services completed and services partially
completed, an amount which bears the same ratio to the total fee otherwise paid under this
Agreement as the services actually rendered hereunder by the Engineer bear to the total
services necessary for the full performance of this Agreement and such payment, plus all
reimbursable payments then due, shall be in full discharge of all rights of the Engineer under
this Agreement.
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EXECUTED BY THE OWNER, this 114+ day of < )v-- , 2004.
ATTEST:
By:
Printed
Name/Title: Charlene M. Smollen, Clerk
SEAL
VILLAGE OF LEMONT
418 MAIN STREET
LEMONT, ILLINOIS 60439
Approved As To Form:
* * * * * * * * **
John Antonopoulos, Attorney
EXECUTED BY THE ENGINEER, this 2nd day of June , 2004.
ATTEST:
By:
Printed
Name/Title: Timothy P. Geary, Secretary
SEAL
FRANK NOVOTNY & ASSOCIATES, INC.
825 MIDWAY DRIVE
WILLOWBROOK, ILLINOIS 60527
By:
Printed
Name/Title: James L. Cainkar. President
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