R-47-03 Authorizing Approval Of An Engineering Agreement With Frank Novotny & Associates, INC. In Conjunction With The Country Lane/Court Reconstruction ProjectRESOLUTION R-T-1-027,
RESOLUTION AUTHORIZING APPROVAL OF AN ENGINEERING AGREEMENT
WITH FRANK NOVOTNY & ASSOCIATES, INC. IN CONJUNCTION WITH
THE COUNTRY LANE /COURT RECONSTRUCTION PROJECT
WHEREAS, the Village of Lemont requires engineering services related to the Country
Lane /Court Reconstruction Project; 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 23rd day of June , 2003.
Debby Blatzer
Peter Coules
Steven Rosendahl
Ronald Stapleton
Brian Reaves
Jeanette Virgilio
AYES NAYS PASSED ABSENT
/74? / 2 e 6t -41'
ARLENE SMOLLEN, Village Clerk
Approved by me this 23rd day of June , 2003.
Attu
ENE SMOLL
JO F. P ZA, Village P
Approved as to fo
ANTONOPOUL IQ Village Attorney
Owner:
Village of Lemont
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AGREEMENT FOR
ENGINEERING SERVICES
FOR
CONSTRUCTION
GUIDANCE/
ENGINEERING
SERVICES
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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.:
02021
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 Country Lane/Country Court Paving & Water Main
Improvements and Kromray Road Resurfacing, which scope of construction work consists of
the reconstruction of Country Lane, from Fourth Street to Kromray Road, and Country Court,
north of Country Lane, to a twenty -seven foot (27') width, back -to -back of curbs in a sixty -six
foot (66') width right -of -way, including pavement removal and replacement, combination
concrete curb and gutter, on -site storm sewer, water main, and appurtenances; and the
resurfacing of Kromray Road, from Country Lane to McCarthy Road, including bituminous
surface removal and resurfacing, for a net length distance of 2,510 feet (0.4754 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:
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a. Furnish construction guidance, which shall include:
1. Consultation on interpretation of Plans and Specifications and any changes
under consideration as construction proceeds.
Page 1 of 5
2. Part-time job -site observation by the Engineer, or his representatives, as
construction progresses.
3. Oversee 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. 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.
6. Checking all shop and working drawings as applicable.
7. Reviewing and checking all reports by testing laboratories on equipment and
material tested.
8. Conducting final inspection of construction 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. 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 extraction 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 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.
Page 2 of 5
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. 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:
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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
Senior Technician $ 90.00 - $115.00
Technician $ 72.00 - $ 88.00
CAD Technician $ 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 $27,840.00, 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 -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.
Page 3 of 5
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, Tess 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 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.
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.
III. This Agreement may be terminated by the Owner upon giving notice in writing to the
Engineer at his last known post office address.
Page 4 of 5
EXECUTED BY THE OWNER, this day of , 2003.
ATTEST:
By: .,724-‘ente127
Printed
Name/Title: Charlene M.
SEAL
Smollen, Clerk
VILLAGE OF LEMONT
418 MAIN STREET
LEMONT, ILLINOIS 60439
By:
John F. Piaz - dent
Print
Nam
d
itle:
Approved As To Form:
* * * * * * * * **
John Antonopoulos, Attorney
EXECUTED BY THE ENGINEER, this 22nd day of May, 2003.
ATTEST:
By:
FRANK NOVOTNY & ASSOCIATES, INC.
825 MIDWAY DRIVE
WILLOWBROOK, ILLINOIS 60527
By:
Printed
Name/Title: James L. Cainkar, President
Printed
Name/Title:
SEAL
Page 5of5
BACKUP DATA TO CONTRACT PROPOSAL
DATE
05/22/03
PAGE
1 of 1
A/E Firm and Location
Frank Novotny & Associates, Inc.,
825 Midway Drive, Willowbrook, IL 60527
SPECIFY PHASE OF WORK
Construction Guidance /
Engineering Services
ESTIMATOR
James L. Cainkar, P.E.
Job Title
Country Lane /Country Court Paving & Water
Main Improvements and Kromray Road
Resurfacing, Lemont, IL
JOB LOCATION
Country Lane / Country Court / Kromray Road
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
30
119.00
$3,570.00
Resident Engineer
80
102.00
$8,160.00
Engineering
Technician
145
78.00
$11,310.00
Part -Time
Summer Help
120
40.00
$4,800.00
TOTAL
$27,840.00
FEE ESTIMATE
DIRECT LABOR COSTS (DLC) SUMMARY $27,840.00
COMBINED OVERHEAD ( % OF DCL)
OTHER DIRECT EXPENSES (Included in Direct Labor Rate)
CADD
PHONE
OVERNIGHT DELIVERY
SURVEY WORK
PRINTING
MATERIAL TESTING & INSPECTION $1 ,000.00 $1,000.00
SUB -TOTAL $28,840.00
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 $28,840.00
NOTE: Consultants or Subcontractors use same forms.
SPK FORM 476
1 MAY 87
Previous editions are obsolete
Project #02021