R-34-02 05/13/02RESOLUTION Iir - .�y — Da"
AUTHORIZING APPROVAL OF AN ENGINEERING AGREEMENT
WITH CIVILTECH ENGINEERING, INC. IN CONJUNCTION WITH THE
LEMONT COMMUTER PARKING LOT ADDITION
WHEREAS, the Village of Lemont requires engineering services related to the Lemont
Commuter Parking Lot Addition; and
WHEREAS, the Village of Lemont seeks to utilize the firm of Civiltech Engineering, Inc.; and
WHEREAS, the Village and Civiltech Engineering, 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 13th day of May , 2002.
AYES NAYS PASSED ABSENT
John Benik
Debby Blatzer ✓
Peter Coules
Connie Markiewicz
Steven Rosendahl
Jeanette Virgilio
CHARLENE MOL N, Village Clerk
Approved by me this 13th day of May , 2002.
Attest:
JO . P AZZA, Villag
HARLENE SMOLLE N' Villa e
Village Cleft
g
{`
Approved as to form
JOHN ANTONOPOULOS, Ville Attorney
THIS AGREEMENT is made and entered into this day of between the above
Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the construction
of the above SECTION. 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:
District Engineer District Engineer, Department of Transportation
Resident Engineer LA Employee directly responsible for construction of SECTION
Contractor Company or Companies to which the construction contract was awarded
Project Description
Name Lemont Commuter Parking Lot Addition Route Length 270 If Structure No.
Termini NA
Description: Pavement/aggregate removal, bituminous pavement construction, combination curb & gutter, storm sewer, sidewalk,
street lighting, pavement marking and service road preparation and paving.
Agreement Provisions
THE ENGINEER AGREES,
1. To perform or be responsible for the performance of the engineering services for the LA, in connection with the proposed
improvement 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.
O f. For Quality Assurance services, provide personnel who have completed the appropriate STATE BMPR QC /QA
trained technician classes.
O g. Inspect, document and inform the resident engineer of the adequacy of the establishment and maintenance of the
traffic control.
BLR 4352 (Rev. 9/01)
Page 1 of 7
Local Agency
Village of Lemont
L
o
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A
L
A
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E
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C
Y
Blois Deparbnent
of Transportation
Construction Engineering
Services Agreement
For
Federal Participation
P
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N
S
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T
A
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T
Consultant
Civlitech Engineering, Inc.
County
Cook
Address
450 E. Devon Ave.. Ste 300
Section
CAP -00- 704 -OGL
City
Itasca
Project No.
State
Illinois
Job No.
Zip Code
60143
Contact Name /Phone /E -mail Address
Steven May
(630) 257 -1552
Contact Name/Phone /E -mail Address
John Breitsameter
(630) 773 -3900
THIS AGREEMENT is made and entered into this day of between the above
Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the construction
of the above SECTION. 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:
District Engineer District Engineer, Department of Transportation
Resident Engineer LA Employee directly responsible for construction of SECTION
Contractor Company or Companies to which the construction contract was awarded
Project Description
Name Lemont Commuter Parking Lot Addition Route Length 270 If Structure No.
Termini NA
Description: Pavement/aggregate removal, bituminous pavement construction, combination curb & gutter, storm sewer, sidewalk,
street lighting, pavement marking and service road preparation and paving.
Agreement Provisions
THE ENGINEER AGREES,
1. To perform or be responsible for the performance of the engineering services for the LA, in connection with the proposed
improvement 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.
O f. For Quality Assurance services, provide personnel who have completed the appropriate STATE BMPR QC /QA
trained technician classes.
O g. Inspect, document and inform the resident engineer of the adequacy of the establishment and maintenance of the
traffic control.
BLR 4352 (Rev. 9/01)
Page 1 of 7
® h. Geometric control including all construction staking and construction layouts.
Quality control of the construction work in progress and the enforcement of the contract provisions in accordance
with the STATE Construction Manual.
j. 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.
® 1. 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 fumish 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 fumished 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 fumished
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 his/her progress reports, to the resident engineer, no more than once a month for
partial payment on account for his /her 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 he /she 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 his /her error, omission or negligent act, the ENGINEER shall indemnify the LA and
its employees from all accrued claims or liability and assume all restitution and repair costs arising from such negligence. He /she
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 ordinance of the LA.
10.
The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin or sex in the
performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and
administration of DOT - assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this
contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.
I hereby certify that neither I nor this firm has:
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;
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.
In addition, I and the firm I herein represent:
d) 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 judgement 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; BLR 4352 (Rev. 9/01)
Page 2 of 7
f)
9)
are not presently indicted for or otherwise criminally or civilly charged by a govemment entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph (e) of this certification; and
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.
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 twenty-four hours in advance of the need for personnel or services.
4. That for the performance by the ENGINEER of the services set forth above, the LA shall pay the ENGINEER on the following basis
of payment:
Amount of Basic Fee. The ENGINEER shall receive, as full payment for completing all work required of him /her under this
AGREEMENT, a basic fee, consisting of payment for the items shown in Section 4(a), (b), (c) and (d) hereof.
The ENGINEER shall be reimbursed for his /her actual costs related to the salaries of his/her employees for the time directly
attributable and properly chargeable to the SECTION under the terms of this AGREEMENT, including salaries of principals of
the ENGINEER for time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. Actual
payroll rates for the ENGINEER are to be submitted with this agreement.
The classifications of the employees used in the work should be consistent with the employee classifications and estimated
man -hours shown in EXHIBIT A. 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.
In the event that additional classifications of employees must be utilized or if salary adjustments are made, the above data
may be modified by an amendment between the ENGINEER and the LA and approved by the STATE.
b) The ENGINEER shall be reimbursed for his/her direct non -salary costs which are directly attributable and properly allocable
to the Project.
1. Direct non -salary costs paid by the ENGINEER may include in -plant and travel expenses. Travel expenses within the
state of Illinois only, that are necessary to fulfill the terms of this AGREEMENT, may be directly charged to the
SECTION. Reimbursable travel expenses shall include the STATE approved cost of meals, lodging, incidental
expenses and transportation for regular employees and principals of the ENGINEER only while away from their regular
place of duty and directly engaged on the SECTION. Travel expenses may be based on actual costs, or on an agreed
per diem or mileage basis, or on a combination of the two, provided the resulting charge is approved by the STATE.
The ENGINEER will not be required to submit receipts for reimbursement of in -plant and travel expenses, but will be
required to submit a detailed listing of such actual expenses certified by him /her to be direct SECTION costs that are
not included in overhead.
2.
The withholding provisions contained in Section 5a and 5b of this AGREEMENT shall not apply to costs enumerated in
Section 4b.
c) The ENGINEER shall be reimbursed for his /her actual overhead or indirect costs to the extent that they are properly
allocable to the SECTION. Such costs shall be established in accord with sound accounting principles and business
practices. Such costs are included in the overhead and expense rate set forth in EXHIBIT A of this AGREEMENT. The rate
shown in EXHIBIT A is provisional for use in computing partial payments. Upon completion of the SECTION, final payment
for indirect costs will be determined by audit of the ENGINEER'S accounts to establish the actual indirect costs incurred
during the period of this AGREEMENT which are properly .allocable to it.
d) The ENGINEER shall be paid a fixed fee of $ 2,198.00 to cover profit only. The maximum total amount
payable, including actual costs, fixed fee and contingencies, shall not exceed $ 25,000.00 unless there is a
substantial change in the scope, complexity or character of the work, or there is a substantial overrun in the time necessary
for the ENGINEER to complete the work due to causes beyond his/her control. Under these circumstances, adjustments in
total compensation to the ENGINEER shall be determined through negotiation between the parties of this AGREEMENT and
concurred in by the STATE.
BLR 4352 (Rev. 9/01)
Page 3 of 7
5. Partial Payments. The LA, for and in consideration of the rendering of the engineering services enumerated herein, agrees to pay to
the ENGINEER for rendering such services the basic fee hereinafter established in the following manner:
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 (See Section 6 of THE ENGINEER AGREES) 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 (See Section 6 of THE ENGINEER AGREES) minus all previous partial
payments made to the ENGINEER.
c)
Final Payment — Upon approval by the LA but not later than 60 days after the work is completed and all final measurements
and reports have been made and accepted by the LA, 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 under Section 5a and 5b
of this AGREEMENT shall be due and payable to the ENGINEER.
6. The recipient shall not discriminate 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.).
IT IS MUTUALLY AGREED,
1. That the ENGINEER and his /her 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 govemment and copies thereof shall be furnished if
requested.
2. That all services are to be fumished 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 his /her possession and any such loss or damage shall be restored at his /her
expense.
4. That this AGREEMENT may be terminated by the LA upon written notice to the ENGINEER, at his /her 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 Section 4d of THE LA AGREES shall be multiplied by this
percentage and added to the ENGINEER'S actual costs to obtain the eamed 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 conceming 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 fumished and performed by the LA (including personnel fumished
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 Section if of the ENGINEER AGREES.
8. This certification is required by the Drug Free Workplace Act (III. Rev. Stat., ch. 127, par. 152.311). The Drug Free Workplace Act,
effective January 1, 1992, 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.
BLR 4352 (Rev. 9/01)
Page 4 of 7
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.
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
(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) clays 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) 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.
(g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug. Free
Workplace Act.
BLR 4352 (Rev. 9/01)
Page 5 of 7
Successors and Assigns
That the LA and the ENGINEER bind themselves, their successors, executors, administrators and assigns to the other party of this
AGREEMENT, and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this
AGREEMENT.
Executed by the LA:
Village of Lemont
(Municipality/Township /County)
State of Illinois, acting by and
ATTEST: / through its r
By: L/ �.. Ilte - - v By: ,/WEN
Mr
(SEAL)
Clerk Ti
of the
Executed by the ENGINEER:
ATTEST:
By: <
Title: Vice President
By:
Title: President
BLR 4352 (Rev. 9/01)
Page 6of7
Prepared by JLB 4/8/2002
Stl [itch@ E at
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nstruoti �r i
................
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................
Name Title
Arthur Politowicz Resident Engineer
James Gerken Surveyor
John Breitsameter Project Manager
Month: May June
No. of Wks 1.5 4
Avg.Hrs/Wk 40 45
Total:
July August Total
0 0
48 0
60 180 0 0
32 0 0
2 4 0 0
94 184 0 0
240
32
6
278
Illinois Department of Transportation
Division of Public Transportation
310 South Michigan Avenue / 16th Floor / Chicago, Illinois / 60
E C E V i5
April 24, 2002 APR 2 9 2002
Mr. Stephen M. May, P.E.
Village Engineer
Village of Lemont
418 Main Street
Lemont, Illinois 60439
RE: CAP -00- 704 -OGL
Dear Mr. May:
VILLAGE OF LEMO T
ENGINEERThI! D EPA 2.74MT
This is in response to your recent submittal of a budget revision
request, and an April 15, 2002 fax in connection with the construction
management of a new commuter parking lot at the Metra Heritage
Corridor Lemont station under the capital grant referenced above.
Concurrence is hereby granted in the draft construction engineering
service agreement and cost proposal in the amount of $25,000 for
Phase III by Civiltech Engineering. The budget has been revised to
shift $12,465 from design engineering, and $2,535 from contingencies
totaling $15,000 to construction management to cover the cost of this
contract. As the next step, please submit a fully executed copy of the
consultant agreement and a copy of the notice to proceed to our office.
Please do not award a construction contract until the Village has
received concurrence from our offices. If you have any further
questions please contact Cyrell McLemore at 312 - 793 -2257.
s:\sub \transmit \m un i \704cncrcm.doc
Sincerely,
(//(;46(2- K('6ze
Neil D. Ferrari
Bureau Chief
1
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