R-24-00 02/28/2000RESOLUTION
RESOLUTION AUTHORIZING APPROVAL OF AN ENGINEERING
AGREEMENT WITH FRANK NOVOTNY & ASSOCIATES, INC. IN
CONJUNCTION WITH THE McCARTHY ROAD STP SIDEWALK PROJECT
(PHASE I - JULIA STREET TO FOURTH STREET)
WHEREAS, the Village of Lemont requires engineering services related to the McCarthy
Road STP Sidewalk Project (Phase I - Julia Street to Fourth Street); 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 supplemental 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 28th day of February , 2000.
John Benik
Debby Blatzer
Keith Latz
Connie Markiewicz
Rick Rimbo
Mary Studebaker
AYES NAYS PASSED ABSENT
1/
v
iENE SMOLLEN, Village Clerk
Approved by me this 28th day of i February , 2000.
IA
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�7 : V • r v WASNESKI'Village President
Attest:
_ VPi /,aI_ ,
C . ARLENE SMOLLEN, Village Clerk
Owner:
Village of Lemont
Address:
418 Main Street
City:
Lemont, IL 60439
Project No.:
00032
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AGREEMENT FOR
ENGINEERING SERVICES
FOR
PRELIMINARY
ENGINEERING
AND
CONSTRUCTION
OBSERVATION
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Engineer:
Frank Novotny &
Associates, Inc.
Address:
825 Midway Drive
City:
Willowbrook
State: Zip:
Illinois 60521
THIS AGREEMENT, made and entered into this day of
, 2000, by and between FRANK NOVOTNY & ASSOCIATES, INC.,
whose address is 825 Midway Drive, Willowbrook, Illinois, 60521, hereinafter called the
"ENGINEER ", and the VILLAGE OF LEMONT, Illinois, hereinafter called the "OWNER" covers
certain Professional Engineering Services in connection with the proposed improvement
designated as "McCARTHY ROAD STP SIDEWALKS — PHASE 1: JULIA STREET TO
FOURTH STREET ", which consists of the installation of a new 5 -foot width concrete sidewalk
on the north side of McCarthy Road, from Julia Street to Fourth Street, which project is to be
funded with STP funds as administered by the Illinois Department of Transportation (1DOT),
WITNESSETH THAT, in consideration of these premises and of the mutual covenants
herein set forth,
THE ENGINEER AGREES,
1. To perform or be responsible for the performance of the following Engineering Services
for the Owner in connection with the proposed improvement hereinbefore described:
(xx) a. Make such detailed surveys as are necessary for the preparation of detailed
Sidewalk Plans.
Make complete general and detailed Plans, Special Provisions, Proposals. and
Estimates of 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.
(xx) b.
Page 1 of 8
( ) c.
( ) d.
( ) e.
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
fumish 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.
Make or cause to be made such traffic studies and counts and special
intersection studies as may be required to fumish sufficient data for the design of
the proposed improvement.
Prepare reports or permit applications for Army Corps of Engineers or IDOT
Division of Water Resources permits, or other detailed hydraulic reports that are
required by any agency having jurisdiction over part of this project.
Furnish the Owner with surveys and drafts in quadruplicate 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. (This affects the Lemont Park District parking lot
property.)
(xx) g. Submit Plans and Specifications to the regulatory agencies for routine permits
and /or approval.
(xx) h.
Assist the Owner in the tabulation and interpretation of the Contractors' proposals
and recommend to Owner those Contractors that Engineer thinks, to the best of
his knowledge, are qualified to accomplish the project..
( ) i. Provide full time resident engineer and /or inspectors, if requested by Owner.
(xx) 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 at intervals appropriate to the stage of
construction by the Engineer, or his representatives, as construction
progresses, and provision of written field reports, if requested by Owners,
and written notice to Owner of any fault or defect or nonconformance with
the Specifications of which Engineer becomes aware.
3. Oversee the testing of sewer and /or water lines to determine whether the
completed projects meet 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.
Owner requires Mechanics' lien waivers and sworn statements listing
subcontractor and materialmen, which Engineer shall submit with any
payment certificates. If such are not provided, then the payment
certificate shall be conditioned upon their receipt.
Page 2 of 3
5. Observation of the Contractor's operations for compliance with the Plans
and Specifications and the keeping of complete projects records, but the
Engineer does not guarantee the Contractors performance under his
Contract with the Owner, however, Engineer shall provide written notice
to Owner of Contractor's failure to carry out the work in accordance with
the Contract Documents of which Engineer has actual notice and of the
corrective action taken.
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.
(xx) k. 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 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.
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 accepted standard
specifications and engineering practices, and shall meet all applicable federal, state and local
statutes, ordinances, rules and regulations in existence at the time of preparation, it being
understood that all such reports, plats, Plans and drafts, shall before being finally accepted, be
subject to approval by the Owner.
111. To attend conferences to be held at the request of the Owner in addition to normal visits
for observation purposes and visit the site of and review the work at any reasonable time when
requested to do so by the Owner.
Page 3 of 8
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.
V. In the event Plans or surveys are found to be in error during construction of the
PROJECT due to failure to meet the requirements of Paragraph II of the "ENGINEER AGREES"
Section of this Agreement or 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, and name Owner as "additional insured ".
THE OWNER AGREES,
I. To pay the ENGINEER as compensation for all services performed as stipulated in
Paragraphs l -a, b, g and h of "THE ENGINEER AGREES" in accordance with one of the
following methods:
( ) a. A sum of money equal to N/A 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 N/A
First $ 50,000
Next $ 50,000
Next $ 100,000
Next $ 200,000
Next $ 200,000
Next $ 400,000
Next $1,000,000
Next $2,000,000
(xx) c. A lump sum fee of $ 22,000.00
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II. To pay for services stipulated in Paragraphs 1 -c, d, e, f, i, and k 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. "Actual" Cost to Engineer to be verified by furnishing the
OWNER copies of invoices from the party doing the work.
111. To pay for the services stipulated in Paragraph I -j of "THE ENGINEER AGREES ", a sum
of money:
( ) a.
(xx) b.
Equal to N/A percent of the amount determined by multiplying the final
Contract cost by the percentage(s) set forth under Paragraph I of "THE
ENGINEER AGREES ".
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. 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.
Grade Classification
of Employee Hourly Rate Range
Principal $100.00 - $110.00
Associate Principal $ 90.00 - $100.00
Engineer $ 68.00 - 3 90.00
Sr. Technician $ 80.00 - 3100.00
Technician $ 55.00 - $ 85.00
Draftsman $ 55.00 - $ 80.00
Instrument Man $ 60.00 - $ 85.00
Rodman $ 65.00 - $ 80.00
Inspector $ 45.00 - $ 65.00
Part -Time $ 40.00 - $ 50.00
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,
2000. The total fee for this section shall not exceed $ 20.000.00 , without authorization, in
writing, from the Village.
IV. 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
"Local Government Prompt Payment Act" and in accordance with the following schedule.
a. Upon completion of preliminary design criteria, preliminary Plan layout and rough
Estimates of Cost based upon these Plans, thirty percent (30 %) of the design fee
as determined by the Estimate of Cost.
b. Upon completion of detailed Plans, Special Provisions, Proposals and Estimate
of Cost - being the work required by Paragraphs l -a, b, c, d, e, f, g and h of "THE
ENGINEER AGREES" - to the satisfaction of the OWNER, ninety percent (90 %)
Page 5 of 8
of the total fee based on the above fee schedule and the approved Estimate of
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.
d. Upon completion of the construction of the improvement, ninety percent (90 %) of
the fee due for services stipulated in Paragraphs I -1, j, and k.
e. 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.
V. 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 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 ENGINNER 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.
VI. That should the OWNER require substantial 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 on the basis of Paragraph III (b) of the "OWNER AGREES"
Section ". 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.
VII. That, should the completion of the improvement extend beyond the time limit given in the
"Contractor's Agreement ", the OWNER will pay the ENGINEER, in addition to the fees provided
herein, his actual cost incurred beyond such time limit - "actual cost" being defined as in
Paragraph III (b) above.
VIII. That, the Engineer is not responsible for the Contractors means, methods, techniques,
sequences, procedures or the safety programs and precautions incident thereto.
Page 6of8
IT IS MUTUALLY AGREED,
I. The law goveming this Agreement shall be the law of the State of Illinois and venue for
disputes hereunder shall be Cook County, 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 and subsurface investigations with
the understanding that all such material becomes the property of the OWNER. 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
payment 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.
111. 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 Cost as prepared by
the ENGINEER.
Page 7 of 8
EXECUTED BY THE OWNER, this 76 day of �"�`'� , 2000.
ATTEST:
B
Title: Charlene M. Smollen. Clerk
VILLAGE OF LEMONT
(OWNER)
ESS)
NT ILLINOIS 60439
Title: Richard A. Kwasneski. Mayor
OVED AS i ORM
John P. ntonopoulo 11age Attorney
* *4* * * * *
EXECUTED BY THE ENGINEER, this day of , 2000.
ATTEST:
By:
Title: James L. Cainkar, Secretary
SEAL
FRANK NOVOTNY & ASSOCIATES, INC.
825 MIDWAY DRIVE
WILLOWBROOK, ILLINOIS 60521
By:
Title: Robert G. Boehm. President
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