R-02-11 Res Approving Eng. Agrmt. Warner Ave Relief SewerRESOLUTION
RESOLUTION AUTHORIZING APPROVAL OF AN ENGINEERING AGREEMENT
WITH FRANK NOVOTNY & ASSOCIATES, INC. IN CONJUNCTION WITH
THE WARNER AVENUE RELIEF SEWER EXTENSION
WHEREAS, the Village of Lemont requires engineering services related to the engineering design
and construction management /oversight services, and material testing of the Warner Avenue
Relief Sewer Extension Project;
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.
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 10th day of January, 2011.
Debby Blatzer
Paul Chialdikas
Clifford Miklos
Rick Sniegowski
Ronald Stapleton
Jeanette Virgilio
AYES NAYS PASSED ABSENT
v
V
1/17
CHARLENE S • LLEN, Village Clerk
by me this this 10th day of January, 2011.
Attest:
414-(/41-1 /14.1t.--
CHARLENE SMOLLEN, Village Clerk
BRIAN K. REAVES, Village President
Approved as to form:
Daniel P. Biondin, Village Attorney
Date:
EXHIBIT "A"
OWNER:
L
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AGREEMENT FOR
ENGINEERING
SERVICES
FOR
ENGINEERING
DESIGN
AND
CONSTRUCTION
MANAGEMENT &
OVERSIGHT
SERVICES
O
N
s
U
T
N
T
ENGINEER:
Village of Lemont
Frank Novotny & Associates, Inc.
Address:
418 Main Street
Address:
825 Midway Drive
City:
Lemont; IL 60429
City:
Willowbrook
Project No.:
09188
State: Zip:
Illinois 60527
THIS AGREEMENT, made and entered into this 10th day of January, 2011, 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, hereinafter
called the "OWNER" covers certain professional Engineering services in connection with the
proposed improvement designated as Warner Avenue Relief Sewer Extension, which scope
of construction work consists of the installation of 12 ", 15 ", 18", 24" and 30" diameter storm
sewers; manholes; catch basins; landscaping and restoration; and all appurtenant construction, in
the area designated as Warner Avenue, from Logan Street to Ridge Road, and Eureka Avenue,
from Logan Street to the alley west of State Street, with funding provided by DCEO Grant Nos.
11- 203210 and 11-203219.
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 Engineering Services
for the Owner in connection with the proposed improvement hereinbefore described:
❑
a. Make such detailed surveys as are necessary for the preparation of detailed Plans.
b. Make complete general and detailed Plans, Special Provisions, Proposals, and
Estimates of Probable 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.
Page 1 of 11 Rev. 2010
❑
c. 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 furnish 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.
d. Make or cause to be made such sewer televising investigations as may be required to
furnish sufficient information for the design of the proposed improvement.
❑ e. Make or cause to be made such traffic studies and counts and special intersection
studies as may be required to furnish sufficient data for the design of the proposed
improvement.
❑ f. Prepare reports or permit applications for Army Corps of Engineers and /or IDNR Division
of Water Resources permits, or other detailed hydraulic reports that are required by any
agency having jurisdiction over part of this project, including countywide stormwater and
special management area permits.
❑ g. Furnish the Owner with ten (10) copies, with recordable original, of surveys and drafts 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.
h. Submit Plans and Specifications to the regulatory agencies for routine permits and/or
approvals not noted above.
i. Assist the Owner in the tabulation and interpretation of the Contractors' proposals.
j•
Furnish construction management and oversight services, which shall include:
1. Consultation on interpretation of Plans and Specifications and any changes
under consideration as construction proceeds.
2. Periodical job -site observation by the Engineer, or his representatives, as
construction progresses.
3. Overseeing 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. Periodic observation of the Contractor's operations to endeavor to guard the,
Owner against defects and deficiencies in the Work, and to determine in general
if the Work is being performed in a manner indicating that the Work, when fully
completed, will be in accordance with the Contract Documents. The Engineer
will organize and keep the project 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.
Page 2 of 11 Rev. 2010
6. Reviewing all shop and working drawings for the purpose of checking for
conformance with information given and the design concept.
7. Reviewing and checking all reports by testing laboratories on equipment and
material tested.
8. Compiling a final punchlist relating to the completed Work, 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.
❑ k. Provide construction layout and staking.
I. 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 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. 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 generally accepted standards
of design professionals performing such engineering services; it being understood that all such
reports, plats, Plans and drafts, shall before being finally accepted, be subject to approval by the
Owner.
ID. 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.
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.
Page 3 of 11 Rev. 2010
V. In the event Plans or surveys are found to be in error during construction of the
PROJECT 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. The Engineer shall name the Owner as "Additional
Insured" on the Engineer's General Liability policy.
THE OWNER AGREES,
I. To pay the Engineer as compensation for all services performed as stipulated in
Paragraphs 1 -a, b, h and i of "THE ENGINEER AGREES" in accordance with one of the
following methods as marked:
❑ a. A sum of money equal to percent of the awarded Contract price for the
proposed improvement.
0
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
First $ 50,000 10.00%
Next $ 50,000 8.50%
Next $ 100,000 7.10%
Next $ 200,000 6.20%
Next $ 200,000 5.70%
Next $ 450,000 5.60%
Next $1,000,000 5.00%
Next $2,000,000 4.50%
Next $6,000,000 4.30%
❑ c. A lump sum fee of $
II. The Owner agrees to allow the Engineer to sublet all of the services provided under
Paragraphs I -c, d, e, f, g and 1 of `THE ENGINEER AGREES ". 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 4 of 11 Rev. 2010
I11. To pay for the services stipulated in Paragraph 1 -j and k of "THE ENGINEER AGREES ",
a sum of money:
❑ 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
Principal $142.00 - $149.00
Project Manager $106.00 - $136.00
Project Engineer $100.00 - $110.00
Senior Technician $108.00 - $140.00
CAD Technician $ 94.00 - $100.00
GIS Technician $ 60.00 - $ 76.00
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,
2010. 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.
❑ b. Equal to percent of the final construction cost.
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 the
following schedule.
a. Upon completion of preliminary design criteria, preliminary Plan layout and rough
Estimates of Probable Cost based upon these Plans, thirty percent (30 %) of the
design fee as determined by the Estimate of Probable Cost.
b. Upon completion of detailed Plans, Special Provisions, Proposals and Estimate
of Cost - being the work required by Paragraphs I -a, b, c, d, e, f, g and h of "THE
ENGINEER AGREES" - to the satisfaction of the Owner, ninety percent (90 %) of
the total fee based on the above fee schedule and the approved Estimate of
Probable 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 l -j, k and I.
Page 5 of 11 Rev. 2010
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 I -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 Engineer bear to the total services necessary for the full
performance of this Agreement, 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 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
at the hourly rates noted in Paragraph lll(b) of the above, and for his sublet expenses as noted
in Part 11 above. 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
construction contract, the Owner will pay the Engineer, in addition to the fees provided herein,
his cost incurred beyond such time limit - at the hourly rates noted in Section III(b) above, and or
his sublet expenses as noted in Part II above.
VIII. 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 has any supervisory
responsibilities. 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.
IX. That, since the Engineer has no control over the cost of labor, material and equipment,
the estimate of probable construction cost is not a guarantee of actual construction cost, but is
the Engineer's professional opinion as to the probable cost of construction at the time of
preparation of the estimate.
X. That should the Owner require the Engineer to purchase insurance over and above the
coverage normally carried by the Engineer and noted in Part VIII 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.
Page 6 of 11 Rev. 2010
IT IS MUTUALLY AGREED,
I. The laws governing this Agreement shall be the laws of the State of Illinois.
1I. 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, subsurface and sewer televising
investigations with the understanding that all such material becomes the property of the Owner.
Owner acknowledges that if conflicts exist between electronically transmitted documents and
hard copy documents, the hard copy documents prevail. 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 paid 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
III. 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 Probable Cost as prepared by the
Engineer.
Page 7 of 11 Rev. 2010
EXECUTED BY THE OWNER, this 10th day of January, 2011.
ATTEST:
By:
VILLAGE OF LEMONT
418 MAIN STREET
LEMONT, ILLINOIS 60439
Printed
Name/Title: Brian K. Reaves, Village President
Printed
Name/Title: Charlene Smollen, Village Clerk
(S E A L)
* * * * * * * * * *
EXECUTED BY THE ENGINEER, this 10th day of January, 2011.
FRANK NOVOTNY & ASSOCIATES, INC.
825 MIDWAY DRIVE
WILLOWBROOK, ILLINOIS 60527
By:
Printed
ATTEST: Name/Title: James L. Cainkar. President
By:
Printed
Name/Title: John E. Fitzgerald, Secretary
(S E A L)
Page 8 of 11 Rev. 2010
CONTRACTOR'S TAX DELINQUENCY CERTIFICATION
As required under 65 ILCS 5/11- 42.1 -1, provisions require that the Contractor certify that
there are no delinquent taxes outstanding that are otherwise due the Department of Revenue
unless they are being contested in accordance with established procedures. The undersigned
official of the Contractor hereby certifies that there are no violations of the aforementioned act or if
violations do exist, they are being contested properly.
Dated: December 28, 2010 Contractor: Frank Novotny & Associates, Inc.
STATE OF ILLINOIS
COUNTY OF
SS
By:
(Signature)
Title: James L. Cainkar, P.E., P.L.S., President
1, the undersigned, a Notary Public in and for the State and County aforesaid,
hereby certify that James L. Cainkar (Name of Signatory) appeared before me this day in person
and, being first duly sworn on oath, acknowledge that he /she executed the foregoing certifications
as his /her free act and deed.
Dated: December 28, 2010
(Notary Public)
(NOTARY SEAL)
CONTRACTOR'S DRUG -FREE WORKPLACE CERTIFICATION
Pursuant to 30 1LCS 580/1, et seq. ( "Drug -Free Workplace Act "), the undersigned
Contractor hereby certifies to the contracting agency that it will provide a drug -free workplace by:
A. Publishing a statement:
1) Notifying employees that the unlawful manufacture, distribution, dispensation,
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.
Page 9 of 11 Rev. 2010
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 employees for drug violations.
C. Making it a requirement to give a copy of the statement required by Subsection 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 agency within 10 days after receiving notice under page (b) of
paragraph 3) of Subsection A 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 so convicted, as required by
30 ILCS 580/5.
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 this Section.
Failure to abide by this certification shall subject the Contractor to the penalties in 30 ILCS
580/6.
Dated: December 28, 2010 Contractor: Frank Novotny & Associates, Inc.
By:
(Signature)
Title: James L. Cainkar, P.E., P.L.S., President
STATE OF ILLINOIS 1 SS
COUNTY OF
I, the undersigned, a Notary Public in and for the State and County aforesaid,
hereby certify James L. Cainkar (Name of Signatory) appeared before me this day in person
and, being first duly sworn on oath, acknowledged that he /she executed the foregoing
certification as his /her free act and deed.
Dated: December 28, 2010
(NOTARY SEAL)
(Notary Public)
Page 10 of 11 Rev. 2010
SUBSTANCE ABUSE PREVENTION PROGRAM CERTIFICATION
Pursuant to Public Act 95 -0635, the undersigned hereby certifies that it is in compliance
with the terms and provisions of the Substance Abuse Prevention on Public Works Act. In
particular, the undersigned hereby represents and warrants to the Village of Lemont as follows:
The Substance Abuse Prevention on Public Works Act, Public Act 95 -0635, prohibits the
use of drugs and alcohol, as defined in the Act, by employees of the Contractor and by
employees of all approved Subcontractors while performing work on a public works project. The
Contractor /Subcontractor herewith certifies that it has a superseding collective bargaining
agreement or makes the public filing of its written substance abuse prevention program for the
prevention of substance abuse among its employees who are not covered by a collective
bargaining agreement dealing with the subject as mandated by the Act.
The undersigned representative of the Contractor /Subcontractor certifies that the
contracting entity has in place for all of its employees not covered by a collective bargaining
agreement that deals with the subject of the Act, the attached substance abuse prevention
program that meets or exceeds the requirements of Public Act 95 -0635.
Dated: December 28, 2010
Frank Novotny & Associates, Inc.
Contractor /Subcontractor
James L. Cainkar, P.E., P.L.S.
Name of Authorized Representative (type or print)
President
Title of Authorized Representative (type or print)
Signature of Authorized Representative
CONTRACTOR'S SEXUAL HARASSMENT POLICY CERTIFICATION
Frank Novotny & Associates, Inc. ( "Contractor "), having submitted a bid /proposal for
the Warner Avenue Relief Sewer Extension, to the Village of Lemont hereby certifies that said
Contractor has a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-
105(A)(4).
Dated: December 28, 2010 Contractor: Frank Novotny & Associates. Inc.
STATE OF ILLINOIS SS
COUNTY OF
By:
(Signature)
Title: James L. Cainkar, P.E., P.L.S., President
I, the undersigned, a Notary Public in and for the State and County aforesaid, hereby certify
that James L. Cainkar (Name of Signatory) appeared before me this day in person and, being first
duly sworn on oath, acknowledged that he /she executed the foregoing certification as his/her free
act and deed.
Dated: December 28, 2010
(NOTARY SEAL)
(Notary Public)
Page 11 of 11 Rev. 2010