R-49-10 Res. Eng. Agrmt. Novotny McCarthy Rd. SidewalkRESOLUTION fq` -0
RESOLUTION AUTHORIZING APPROVAL OF AN ENGINEERING AGREEMENT
WITH FRANK NOVOTNY & ASSOCIATES, INC. IN CONJUNCTION WITH
THE MCCARTHY ROAD (FAU 1587) SIDEWALK PROJECT
WHEREAS, the Village of Lemont requires engineering services related to the engineering
inspection, and material testing of the McCarthy Road (FAU 1587) Sidewalk;
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, in an amount not -to- exceed
$11,951.00.
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 9th day of August, 2010.
AYES NAYS PASSED ABSENT
Debby Blatzer
Paul Chialdikas
Clifford Miklos
Rick Sniegowski v1
Ronald Stapleton ✓
Jeanette Virgilio V
V
CHARLE E SMOLLEN, Village Clerk
Approved by me this 9th day of August, 2010.
BRIAN K. REAVES, dllage President
Attest:
vIrARLENE SMOLLE , Village Clerk
I„ . /'A ' .fa ,iwr _Iy,
Approved as to form:
Date:
Daniel P. Blondin, Village Attorney
Local Agency
Village of Lemont
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- ; Illinois Department
., of Transportation
Construction Engineering
Services Agreement
Federal Participation
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Consultant
Frank Novotny & Associates, Inc.
County
Cook
Address
825 Midway Drive
Section
10- 00047 -00 -5W
City
Willowbrook
Project No.
-9003 (667)
State
IL
Job oA
C-91-673-10
Zip Code
60527
Contact Name/Phone/E-mail Address
Ben Wehmeier, Administrator
bwehmeier @lemont.il.us
Contact Name /Phone /E -mail Address
James L. Cainkar, PE, PLS
jimcainkar @franknovotnyengineering.c
THIS AGREEMENT is made and entered into this day of , 2010 between the above
Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the PROJECT
described herein. 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.
WHEREVER IN THIS AGREEMENT the following terms are used, they shall be interpreted to mean:
Regional Engineer Regional Engineer, Department of Transportation
Resident Engineer LA Employee directly responsible for construction of the PROJECT
Contractor Company or Companies to which the construction contract was awarded
Project Description
Name McCarthy Road Route FAU 1587 Length 0.278 Mi Structure No. N/A
Termini Woodcrest Lane to Walker Road
Description: This sidewalk project consists of the construction of a five foot (5') width Portland Cement Concrete sidewalk on the north
side of McCarthy Road, including earth excavation, pipe culverts, subbase granular material, topsoil, and sodding.
Agreement Provisions
I. THE ENGINEER AGREES,
1 To perform or be responsible for the performance of the engineering services for the LA, in connection with the PROJECT
hereinbefore described and checked below:
• a. Proportion concrete according to applicable STATE Bureau of Materials and Physical Research (BMPR) Quality
Control /Quality Assurance (QC /QA) training documents or contract requirements and obtain samples and perform
testing as noted below.
® b. Proportion hot mix asphalt according to applicable STATE BMPR QC /QA training documents and obtain samples
and perform testing as noted below.
❑ c. For soils, to obtain samples and perform testing as noted below.
® d. For aggregates, to obtain samples and perform testing as noted below.
NOTE: For 1 a. through 1d. the ENGINEER is to obtain samples for testing according to the STATE BMPR "Project
Procedures Guide ", or as indicated in the specifications, or as attached herein by the LA; test according to the
STATE BMPR "Manual of Test Procedures for Materials ", submit STATE BMPR inspection reports; and verify
compliance with contract specifications.
• e. Inspection of all materials when inspection is not provided at the sources by the STATE BMPR, and submit
inspection reports to the LA and the STATE in accordance with the STATE BMPR "Project Procedures Guide" and
the policies of the STATE.
f.
• g.
For Quality Assurance services, provide personnel who have completed the appropriate STATE BMPR QC /QA
trained technician classes.
Inspect, document and inform the resident engineer of the adequacy of the establishment and maintenance of the
traffic control.
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ZI h. Geometric control including all construction staking and construction layouts.
►1
j.
Quality control of the construction work in progress and the enforcement of the contract provisions in accordance
with the STATE Construction Manual.
Measurement and computation of pay items.
k. 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.
® I.
Preparation and submission to the LA by the required form and number of copies, all partial and final payment
estimates, change orders, records, documentation and reports required by the LA and the STATE.
m. Revision of contract drawings to reflect as built conditions.
2. Engineering services shall include all equipment, instruments, supplies, transportation and personnel required to perform the duties
of the ENGINEER in connection with the AGREEMENT.
3. To furnish the services as required herein within twenty -four hours of notification by the resident engineer or authorized
representative.
4. To attend meetings and visit the site of the work at any reasonable time when requested to do so by representatives of the LA or
STATE.
5. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties
without the 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.
6. The ENGINEER shall submit invoices, based on the ENGINEER's progress reports, to the resident engineer, no more than once a
month for partial payment on account for the ENGINEER's work completed to date. Such invoices shall represent the value, to the
LA of the partially completed work, based on the sum of the actual costs incurred, plus a percentage (equal to the percentage of the
construction engineering completed) of the fixed fee for the fully completed work.
7• That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable to
improvement of the SECTION; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to
perform the services enumerated herein.
8. That the ENGINEER shall be responsible for the accuracy of the ENGINEER's work and correction of any errors, omissions or
ambiguities due to the ENGINEER'S negligence which may occur either during prosecution or after acceptance by the LA. Should
any damage to persons or property result from the ENGINEER's error, omission or negligent act, the ENGINEER shall indemnify
the LA, the STATE and their employees from all accrued claims or liability and assume all restitution and repair costs arising from
such negligence. The ENGINEER shall give immediate attention to any remedial changes so there will be minimal delay to the
contractor and prepare such data as necessary to effectuate corrections, in consultation with and without further compensation from
the LA.
9. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LA.
10. The undersigned certifies neither the ENGINEER nor 1 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.
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 government entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph (e) of this certification; 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.
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BLR 05611 (Rev. 9/06)
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'11. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA.
12. 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.
13. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the work called for in the AGREEMENT.
II. THE LA AGREES,
1. To furnish a resident engineer to be in responsible charge of general supervision of the construction.
2. To furnish the necessary plans and specifications.
3. To notify the ENGINEER at least 24 hours in advance of the need for personnel or services.
4. 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
Specific Rate
Lump Sum
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
❑ (Pay per element)
5. 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 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.
6. 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.).
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111. It is Mutually Agreed,
1. That the ENGINEER and the ENGINEER's subcontractors will maintain all books, documents, papers, accounting records and
other evidence pertaining to cost incurred and to make such materials available at their respective offices at all reasonable times
during the AGREEMENT period and for three years from the date of final payment under this AGREEMENT, for inspection by the
STATE, Federal Highway Administration or any authorized representatives of the federal government and copies thereof shall be
furnished if requested.
2. That all services are to be furnished as required by construction progress and as determined by the RESIDENT ENGINEER. The
ENGINEER shall complete all services specified herein within a time considered reasonable to the LA, after the CONTRACTOR
has completed the construction contract.
3. That all field notes, test records and reports shall be turned over to and become the property of the LA and that 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 loss or damage shall be restored at the
ENGINEER's expense.
4. That this AGREEMENT may be terminated by the LA upon written notice to the ENGINEER, at the ENGINEER's last known
address, with the understanding that should the AGREEMENT be terminated by the LA, the ENGINEER shall be paid for any
services completed and any services partially completed. The percentage of the total services which have been rendered by the
ENGINEER shall be mutually agreed by the parties hereto. The fixed fee stipulated in numbered paragraph 4d of Section II shall be
multiplied by this percentage and added to the ENGINEER's actual costs to obtain the earned value of work performed. All field
notes, test records and reports completed or partially completed at the time of termination shall become the property of, and be
delivered to, the LA.
5. That any differences 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.
6. That in the event the engineering and inspection services to be furnished and performed by the LA (including personnel furnished
by the ENGINEER) shall, in the opinion of the STATE be incompetent or inadequate, the STATE shall have the right to supplement
the engineering and inspection force or to replace the engineers or inspectors employed on such work at the expense of the LA.
7. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the
contractor's safety precautions, except as provided in numbered paragraph if of Section I.
8. 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 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
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(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, any employee who is convicted, as required by section S of the Drug Free Workplace Act.
(f)
(g)
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.
Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free
Workplace Act.
9. 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 this AGREEMENT or such other remedy as the LA deems appropriate.
Agreement Summary
Prime Consultant:
TIN Number
�reement Amount
Frank Novotny & Asscoiates, Inc.
36-2728920
$ 9,552.00 '°�
Sub - Consultants:
TIN Number
Agreement Amount
Testing Service Corp.
35- 937582
$2,399.00
Sub - Consultant Total:
$2,399.00
Prime Consultant Total:
$ 9,552.00
Total for all Work:
$11,951.00
Executed by the LA:
Charlene Smollen, Village
(SEAL)
Clerk
VILLAGE OF LEMONT
By:
(Municipality/Township/County)
Title: Brian K. Reaves, M. or
Executed by the ENGINEER:
ATTEST:
By:
Title: John E. Fitzgerald, Secretary
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FRANK NOVOTNY & ASSOCIATES, INC.
By:
Title: James L. Cainkar, President
BLR 05611 (Rev. 9/06)
File No. 10131