O-14-03 02/24/03VILLAGE OF LEMONT
ORDINANCE 7, --/ , j
AN ORDINANCE AUTHORIZING THE
ENGAGEMENT OF A CONSTRUCTION MANAGER
FOR THE STEPHEN STREET RECONSTRUCTION PROJECT
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This 24th day of February, 2003
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Lemont, Counties
of Cook, Will and DuPage,
Illinois this day of
, 2003.
ORDINANCE ‘t- t)3
AN ORDINANCE AUTHORIZING THE
ENGAGEMENT OF A CONSTRUCTION MANAGER
FOR THE STEPHEN STREET RECONSTRUCTION PROJECT
WHEREAS, The Village of Lemont is desirous of coordinating a variety of work for the reconstruction of
Stephen Street, and a greater control of the management of costs and construction schedule ; and
WHEREAS, The Village of Lemont seeks to utilize the services of a Construction Manager and waive the
advertisement for bid as required under 65 ILCS 5/8 -9 -1;
WHERAS; the Village of Lemont and Frank Novotny & Associates, Inc. will negotiate a Construction
Management Agreement identifying the terms and conditions for services to be provided.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BORAD OF TRUSTEES that the
Construction Management Agreement attached hereto and Exhibit A is hereby approved and that the
Mayor and Clerk are authorized to sign the contract without the advertisement for bids.
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 February , 2003.
John Benik
Debby Blatzer
Peter Coules
Connie Markiewicz
Steven Rosendahl
Jeanette Virgilio
AYES NAYS PASSED ABSENT
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CHARLENE SMOLLE , Village Clerk
Approved by me this 24th day of Februa , 2003.
Attesx:
IAZZA, Village
CHARLENE SMOLLEN, Village Clerk
Approved as to form:
JOHN ANTONOPOULOS, Village Attorney
Owner:
Village of Lemont
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AGREEMENT FOR
ENGINEERING SERVICES
FOR
CONSTRUCTION
MANAGEMENT
AND CONSTRUCTION
GUIDANCE
1 - Iz>- Ii-ccnzoo
Engineer:
Frank Novotny &
Associates, Inc.
Address:
418 Main Street
Address:
825 Midwa Drive
City:
Lemont, IL 60439
City:
Willowbrook
Project No.:
99243
State: Zip:
Illinois 60527
THIS AGREEMENT, made and entered into this day of , 2003,
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 STEPHEN STREET RECONSTRUCTION, which scope of
construction work consists of the reconstruction of Stephen Street, from Porter Street to River
Street, including pavement removal; curb and gutter removal; sidewalk removal; bituminous base;
binder and surface courses; combination concrete curb and gutter; water main; sanitary sewer,
storm sewer; ornamental lighting; streetscape work; and water main work on Stephen Street, from
Porter Street to Illinois Street; storm sewer and parking lot work on Talcott Street, east of Stephen
Street; and appurtenant construction, for a total distance of approximately 1,740 -feet (0.3295
miles) to be improved.
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 Construction
Management and Engineering Services for the Owner in connection with the proposed
improvement hereinbefore described:
a. Furnish construction management and construction guidance, which shall include:
1. Preparation of Proposals for solicitation of bids for the different scopes of
construction work.
Page 1 of 5
2. Review of Proposals, and recommendation to the Village of the most favorable
Proposals.
3. Consultation on interpretation of Plans and Specifications and any changes
under consideration as construction proceeds.
4. Coordination of on -site construction work between the various chosen
subcontractors, in the effort to ensure construction continuity and timeliness.
5. Full -time job -site observation by the Engineer, or his representatives, as
construction progresses.
6. Oversee the testing of sewer and /or water lines to determine whether the
completed project meets the requirements as outlined in the Specifications.
7. 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.
8. Observation and coordination of the Contractor's operations for compliance with
the Plans and Specifications as construction progresses and the keeping of
complete projects 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.
9. Checking all shop and working drawings as applicable.
10. Reviewing and checking all reports by testing laboratories on equipment and
material tested.
11. Conducting final inspection of construction and preparation of final papers and
reports.
12. Revision of Contract drawings to show location and nature of improvement as
record drawings, from information furnished by the Contractor.
13. Provide construction layout and staking.
b. 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.
Page 2 of 5
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 all 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.
11. 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. 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 of "THE ENGINEER AGREES ", a
sum of money:
0
a. 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 Hourly Rate Range
Principal $119.00 - $129.00
Engineer $ 75.00 - $110.00
Sr. Technician $ 90.00 - $115.00
Technician $ 72.00 - $ 88.00
Draftsman $ 75.00 - $ 88.00
Technical Assistant $ 40.00 - $ 65.00
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,
2003. 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 $157,000.00, 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.
Page 3 of 5
II. To pay for services stipulated in Paragraph I -b of "THE ENGINEER AGREES ", the
Owner agrees to allow the Engineer to sublet all of the services provided under the paragraphs
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, in accordance with the
following schedule.
a. Upon completion of the construction of the improvement, ninety percent (90 %) of
the fee due for services stipulated in Paragraphs I -a and b.
b. Upon completion of all final reports required by the Owner and acceptance of the
improvement, one hundred percent (100 %) of the total fees due under this
Agreement, 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 the Engineer does not guarantee and shall not be responsible for the Contractor's
or subcontractors means methods, techniques, sequences, procedures, timely performance, or
the safety programs and precautions incident thereto, since they are solely the Contractor's
rights and responsibilities; and also that the Engineer has no authority to stop work on behalf of
the Owner.
V. That should the Owner require the Engineer to purchase insurance over and above the
coverage normally carried by the Engineer and noted in Part III 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. That any difference between the Engineer and the Owner 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 Owner and
a third member appointed by the two other members for disposition, and that the committee's
decision shall be final.
II. The laws governing this Agreement shall be the law of the State of Illinois.
I11. This Agreement may be terminated by the Owner upon giving notice in writing to the
Engineer at his last known post office address.
Page4of5
EXECUTED BY THE OWNER, this day of , 2003.
ATTEST:
By:
Printed
Name/Title: Charlene M. Smollen, Clerk
SEAL
VILLAGE OF LEMONT
418 MAIN STREET
LEMONT, ILLINOIS 60439
John F. Piazza, President
Approved As To Form:
* * * * * * * * **
John Antonopoulos, Attorney
EXECUTED BY THE ENGINEER, this 14th day of February, 2003.
ATTEST
By:
FRANK NOVOTNY & ASSOCIATES, INC.
825 MIDWAY DRIVE
WILLOWBROOK, ILLINO_- .•0527
By:
Printed
Name/Title: James L. Cainkar, President
Printed
Name/Title:
Timot V . Gea Secreta
SEAL
Page 5 of 5
BACKUP DATA TO CONTRACT PROPOSAL
DATE
2/13/03
PAGE
1 of 1
A/E Firm and Location
Frank Novotny & Associates, Inc.,
825 Midway Drive, Willowbrook, IL 60527
SPECIFY PHASE OF WORK
Construction Management
and Construction Guidance
Services
ESTIMATOR
James L. Cainkar, P.E.
Job Title
Stephen Street Reconstruction, Village of Lemont
JOB LOCATION
Stephen Street — Porter Street to River Street
DIRECT LABOR COSTS
PRODUCTION
ELEMENT
ENGINEERING
DRAFTING
TYPING (if not indirect)
HOURS 1 RATE
TOTAL
HOURS
RATE
TOTAL
HOURS
RATE
TOTAL
For Design and
Construction Inspection
Project Director
50
120.00
$6,000.00
Project Manager
960
102.00
$97,920.00
Engineering
Technician
520
78.00
$40,560.00
Part -Time
Summer Help
300
40
$12,000.00
TOTAL
$156,480.00
FEE ESTIMATE
DIRECT LABOR COSTS (DLC) SUMMARY $156,480.00
COMBINED OVERHEAD ( % OF DCL)
OTHER DIRECT EXPENSES (Included in Direct Labor Rate)
CADD
PHONE
OVERNIGHT DELIVERY
SURVEY WORK 2,000.00
PRINTING
MATERIAL TESTING & INSPECTION 8,000.00 $10,000.00
SUB -TOTAL $166,480.00
PROFIT ( % of Sub - Total) (Included in Direct Labor Rate)
TRAVEL
VEHICLES N/A
AUTO MILEAGE N/A
PER DIEM N/A
OTHER N/A
TOTAL FEE $166,480.00
NOTE: Consultants or Subcontractors use same forms.
SPK FORM 476
1 MAY 87
Previous editions are obsolete
Project 402125