R-31-04 05/24/2004RESOLUTION
RESOLUTION AUTHORIZING APPROVAL OF AN ENGINEERING AGREEMENT
WITH FRANK NOVOTNY & ASSOCIATES, INC. IN CONJUNCTION WITH
THE MAIN STREET WATER MAIN EXTENSION
WHEREAS, the Village of Lemont requires engineering services related to the design and
supervision of the Main Street Water Main Extension (from Parker Road to east Village
Limits); and
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 24th day of May,
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 24th day of May, 2004.
Attest:
ARLENE SMOLLEN, Village Clerk
ARLENE SMOLLEN, Village Clerk
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F. PI A, V age P e. 'dent
Approved as to form:
JOHN ANTONOPOULOS, Village Attorney
Date:
OWNER:
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AGREEMENT FOR
ENGINEERING
SERVICES
FOR
ENGINEERING
DESIGN
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ENGINEER:
Village of Lemont
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Frank Novotny &
Associates, Inc.
Address:
418 Main Street
Address:
825 Midway Drive
City:
Lemont, Illinois 60439
City:
Willowbrook
Project No.:
03072
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, Illinois, 60439, hereinafter called the
"OWNER" covers certain professional Engineering services in connection with the proposed
improvement designated as Main Street Water Main Extension which scope of construction
work consists of the construction of a 12 -inch water main on Main Street, from Parker Road to
the east Village limits, a distance of approximately 5,100 feet.
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. Make such detailed surveys as are necessary for the preparation of detailed Plans.
b. Make complete general and detailed Plans, Special Provisions, Proposals, and
Estimates of Probable Cost, and furnish the Owner 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 Owner by the Engineer at his actual cost for
reproduction.
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 Illinois Department of Transportation.
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❑ d. Make or cause to be made such sewer televising investigations as may be required to
furnish sufficient information for the design of the proposed improvement.
❑ e. 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.
❑ f. Prepare reports or permit applications for Army Corps of Engineers and /or IDNR Division
of Water Resources permits, or other detailed hydraulic reports that are required by any
agency having jurisdiction over part of this project, including countywide stormwater and
special management area permits.
Furnish the Owner with ten (10) copies, with recordable original, of surveys and drafts of
all necessary right -of -way dedications, boundary and lot surveys, construction
easements, and borrow pit and channel change agreements including prints of the
corresponding plats and staking as required.
h. Submit Plans and Specifications to the regulatory agencies for routine permits and /or
approvals not noted above.
g.
i. Assist the Owner in the tabulation and interpretation of the Contractors' proposals.
❑ j. Furnish 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.
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.
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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.
❑ k. Provide construction layout and staking.
❑ I. 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. Furnish 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.
II. 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 generally accepted standards
of design professionals performing such engineering services; it being understood that all such
reports, plats, Plans and drafts, shall before being finally accepted, be subject to approval by the
Owner.
III. 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.
IV. 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.
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V. 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.
VI. 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.
VII. That all Plans and other documents furnished by the Engineer pursuant to this
Agreement will be endorsed by him and will show his professional seal where such is required
by law.
VIII. 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 the Engineer as compensation for all services performed as stipulated in
Paragraphs I -a, b, h and i of "THE ENGINEER AGREES" in accordance with one of the
following methods as marked:
a. A sum of money equal to 6.2 percent of the awarded Contract price for the proposed
improvement.
❑ b. A sum of money equal to the percentage of the awarded Contract cost for the proposed
improvement as approved by the Owner based on the following schedule:
SCHEDULE FOR PERCENTAGES BASED ON AWARDED CONTRACT COST
Under $ 50,000 10.00%
First $ 50,000 10.00%
Next $ 50,000 7.75%
Next $ 100,000 6.50%
Next $ 200,000 5.60%
Next $ 200,000 5.20%
Next $ 450,000 5.10%
Next $1,000,000 4.50%
Next $2,000,000 4.10%
Next $6,000,000 3.90%
❑ c. A lump sum fee of $
II. The Owner agrees to allow the Engineer to sublet all of the services provided under
Paragraphs I -c, d, e, f, and g of "THE ENGINEER AGREES ". 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.
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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, in accordance with the
following schedule.
a. Upon completion of preliminary design criteria, preliminary Plan layout and rough
Estimates of Probable Cost based upon these Plans, thirty percent (30 %) of the
design fee as determined by the Estimate of Probable Cost.
b. Upon completion of detailed Plans, Special Provisions, Proposals and Estimate
of Cost - being the work required by Paragraphs I -a, b, c, d, e, f, g and h of "THE
ENGINEER AGREES" - to the satisfaction of the Owner, ninety percent (90 %) of
the total fee based on the above fee schedule and the approved Estimate of
Probable Cost less any previous payments.
c. Upon award of the Contract for the improvement by the Owner, one hundred
percent (100 %) of the total fee based on the above fee schedule and the
awarded Contract cost, less any previous payments.
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 improvement be abandoned at any time after the Engineer has
performed any part of the services provided for in Paragraphs I -a and I -b, and prior to the
completion of such services, the Owner shall reimburse the Engineer an amount which bears
the same ratio to the total fee otherwise payable 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, such payment plus all reimbursable payments then due, shall
be in full discharge of all rights of the Engineer under this Agreement.
V. That should the Owner require changes in any of the detailed Plans, Specifications or
estimates (except for those required pursuant to Paragraph V 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 III(b) of the above, and for his sublet expenses as noted
in Part II 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.
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 VIII of the "ENGINEER AGREES ",
or require that the Owner be named as an "additional insured" on the Engineer's 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
III. That if the contract for construction has not been awarded one (1) year after the
acceptance of the Plans by the Owner, the Owner will pay the Engineer the balance of the
engineering fee due to make one hundred percent (100 %) of the total fees due in accordance
with the terms of this Agreement, based on the Estimate of Probable Cost as prepared by the
Engineer.
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EXECUTED BY THE OWNER, this 24th day of May , 2004.
ATTEST:
By:
Printed
Name/Title: Charlene M. Smollen, Clerk
SEAL
VILLAGE OF LEMONT
418 MAIN STREET
LEMONT, ILLINOIS 60439
John F. Pi ..zz.. President
Approved As To Form:
* * * * * * * * * *
John Antonopoulos, Attorney
EXECUTED BY THE ENGINEER, this 24th day of May , 2004.
ATTEST:
By:
FRANK NOVOTNY & ASSOCIATES, INC.
825 MIDWAY DRIVE
WILLOWBROOK, ILLINOIS 60527
By:
Printed
Name/Title: James L. Cainkar, President
Printed
Name/Title:
Timoth r'' Gea Secreta
SEAL
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