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R-17-2012 Ord Approving Local Agency Agreement Supplement #1-McCarthy/Archer/DerbyR.-11-12" RESOLUTION RESOLUTION APPROVING LOCAL AGENCY AGREEMENT FOR FEDERAL PARTICIPATION SUPPLEMENT NO. 1 FOR THE MCCARTHY ROAD, ARCHER AVENUE & DERBY ROAD INTERSECTION IMPROVEMENT PROJECT WHEREAS, the Village of Lemont requires additional Preliminary Engineering services related to the McCarthy Road, Archer Avenue & Derby Road intersection improvement project; WHEREAS, the Village of Lemont desires to enter into a Preliminary Engineering Services Agreement for Federal Participation — Supplement No. 1 with Frank Novotny & Associates, inc. (FNA), for a cost not -to- exceed $118,919.00; WHEREAS, the Village Board has authorized the Village President to sign the Preliminary Engineering Services Agreement for Federal Participation — Supplement No. 1. 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 9th day of April, 2012. AYES NAYS PASSED ABSENT Debby Blatzer Paul Chialdikas Clifford Miklos Rick Sniegowski Ronald Stapleton Jeanette Virgilio Approved by me this 9th day of April, 2012. CHARLENE SMOLLEN, Village Clerk Attest: CHARLENE SMOLLEN, Village Clerk BRIAN K. REAVES, Villa President Approved as to form: Daniel P. Blondin, Village Attorney Local Agency Village of Lemont L p C A L A C' E N C Y 6 Illinois Department of Transportation Preliminary Engineering Services Agreement For Federal Participation SUPPLEMENT NO. 1 C 0 N S U L T A N T Consultant Frank Novotny & Associates, Inc. County Cook Address 825 Midway Drive Section 02 -00055 -00 -WR City Willowbrook Project No. M- 8003(503) State Illinois Job No. D-91-190-05 Zip Code 60527 Contact Name /Phone /E -mail Address Ben Wehmeier (630) 257 -1550 bwehmeier@Iemont. i 1. us Contact Name /Phone/E -mail Address James L. Cainkar, P.E. P.L.S. (630) 887 -8640 jimcainkar @franknovotnyengineering.com THIS AGREEMENT is made and entered into this day of , 2012 between the above Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the PROJECT. 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. Project Description Name McCarthy Road, Archer Avenue & Derby Rd Route FAU 1587 Length 0.483 mi Structure No. N/A FAP 577 & FAU 1024 0.304 mi & 0.118 mi Termini West of Derby Rd to East of Archer Ave, Southwest of Derby Rd and Northeast of McCarthy Rd & from McCarthy Rd to Derby Description: This project consists of pavement widening, pavement resurfacing, intersection channelization, traffic control signals with interconnection and all of the needed traffic control and restoration within the project limits. Agreement Provisions L THE ENGINEER AGREES, 1. To perform or be responsible for the performance, in accordance with STATE approved design standards and policies, of engineering services for the LA for the proposed improvement herein described. 2. To attend any and all meetings and visit the site of the proposed improvement at any reasonable time when requested by representatives of the LA or STATE. 3. To complete the services herein described within 360 calendar days from the date of the Notice to Proceed from the LA, excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER. 4. 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 higher - salaried personnel of the firm, including the Principai Engineer, perform services that are indicated in Exhibit A to be performed by lesser - salaried personnel, the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 5. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable for the PROJECT; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services enumerated herein. 6. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from the ENGINEER's errors, omissions or negligent acts without additional compensation. Acceptance of work by the STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or for clarification of any ambiguities. 7. That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the ENGINEER and will affix the ENGINEER's professional seal when such seal is required by law. Plans for structures to be built as a part of the improvement will be prepared under the supervision of a registered structural engineer and will affix structural engineer seal when such seal is required by law. It will be the ENGINEER's responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the STATE. 8. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LA. Page 1 of 7 SLR 05610 (Rev. 9 /06) Printed on 3/22/2012 11:55:38 AM 9. The undersigned certifies neither the ENGINEER nor I have: 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, b. 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. 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 judgment 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, f. are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (e) and g. 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. 10. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA. 11. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 12. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the project (Exhibit B). 13. Scope of Services to be provided by the ENGINEER: ® Make such detailed surveys as are necessary for the planning and design of the PROJECT. ❑ Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and flood flow histories. ❑ Prepare applications for U.S. Army Corps of Engineers Permit, Illinois Department of Natural Resources Office of Water Resources Permit and Illinois Environmental Protection Agency Section 404 Water Quality Certification. ❑ Design and /or approve cofferdams and superstructure shop drawings. ❑ Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or culvert types and high water effects on roadway overflows and bridge approaches). ❑ Prepare the necessary environmental and planning documents including the Project Development Report, Environmental Class of Action Determination or Environmental Assessment, State Clearinghouse, Substate Clearinghouse and all necessary environmental clearances. El Make such soil surveys or subsurface investigations including borings and soil profiles as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations to be made in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal -Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE. ® Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation. ® Prepare preliminary roadway and drainage structure plans and meet with representatives of the LA and STATE at the site of the improvement for review of plans prior to the establishment of final vertical and horizontal alignment, location and size of drainage structures, and compliance with applicable design requirements and policies. ❑ 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. Complete the general and detailed plans, special provisions and estimate of cost. Contract plans shall be prepared in accordance with the guidelines contained in the Bureau of Local Roads and Streets manual. The special provisions and detailed estimate of cost shall be furnished in quadruplicate. ® Furnish the LA with survey and drafts in quadruplicate all necessary right -of -way dedications, construction easements and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. Page 2 of 7 BLR 05610 (Rev. 9/06) Printed on 3/22/2012 11:55:38 AM 11. THE LA AGREES, 1, To fumish the ENGINEER all presently available survey data and information 2. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the following compensation formulas: Cost Plus Fixed Fee Specific Rate Lump Sum CPFF 14.5%[DL + R(DL) + OH(DL) + IHDC], or ❑ CPFF = 14.5 %[DL + R(DL) + 1.4(DL) + IHDC], or ❑ CPFF = 14.5 %[(2.3 + R)DL + IHDC] Where: DL = Direct Labor IHDC = In House Direct Costs OH = Consultant Firm's Actual Overhead Factor R = Complexity Factor ❑ (Pay per element) 3. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5 -409: ❑ With Retainage 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 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 minus all previous partial payments made to the ENGINEER. c) Final Payment — Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and the STATE, 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 shall be due and payable to the ENGINEER. ® Without Retainage a) For progressive payments — 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 the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment — Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and STATE, a sum o 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 shall be due and payable to the ENGINEER. 4. 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.), III. IT IS MUTALLY AGREED, 1. That no work shall be commenced by the ENGINEER prior to issuance by the LA of a written Notice to Proceed. 2. That tracings, plans, specifications, estimates, maps and other documents prepared by the ENGINEER in accordance with this AGREEMENT shall be delivered to and become the property of the LA and that basic survey notes, sketches, charts and other data prepared or obtained in accordance with this AGREEMENT shall be made available, upon request, to the LA or to the STATE, without restriction or limitation as to their use. Page 3 of 7 BLR 05610 (Rev. 9 /06) Printed on 3/22/2012 11:55:38 AM 3. That all reports, plans, estimates and special provisions furnished by the ENGINEER shall be in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal -Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that all such furnished documents shall be approved by the LA and the STATE before final acceptance. 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 the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 4. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without written consent of the LA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this agreement. 5. To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the STATE; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 6. The payment by the LA in accordance with numbered paragraph 3 of Section 11 will be considered payment in full for all services rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT. 7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER'S work and shall indemnify and save harmless the LA, the STATE, and their officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. 8. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all drawings, plats, surveys, reports, permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LA. The LA will be responsible for reimbursement of all eligible expenses to date of the written notice of termination. 9. This certification is required by the Drug Free Workplace Act (30ILCS 580). The Drug Free Workplace Act 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 the contracting or grant opportunities with the State for at least one (1) year but no more than five (5) years. 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, as defined in the Act. 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) days 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, 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. Page 4 of 7 BLR 05610 (Rev. 9/06) Printed on 3/22/2012 11:55:38 AM 10. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the LA deems appropriate. Agreement Summary Prime Consultant TIN Number Agreement Amount Frank Novotny & Associates, Inc. 36- 2728920 $87,659.00 Sub - Consultants: , TIN Number Agreement Amount Engineering Resource Associates 36- 3686466 $25,360.00 Allied Appraisal Company 36- 2696006 $5,400.00 Charles A, Southcomb & Assoc. 36- 3389177 $500.00 Sub - Consultant Total: $31,260.00 Prime Consultant Total: $87,659.00 Total for all Work: $118,919.00 Executed by the LA: Charlene M. Smollen Clerk (SEAL) Village of Lemont By: (Muni cl pality/rowns hip /County) Brian Reaves, Mayor Executed by the ENGINEER: ATTEST: By: Title: John Fitzgerald, Secretary Page 5 of 7 Printed on 3/22/2012 11:55:38 AM Frank Novotny & Associates, Inc. By: Title: James L. Cainkar, President BLR 05610 (Rev. 9/06) 0) 0 0 C N b L= Q C 13 0 O co w a V c ^p C > > 0 U aQ {p • O co �a E m 0) O O O Z v M 08 - N y 0 • X .c ac cliE9 0• UU a, , co co L) S¢L 14k, Nak 2 + + + _728 ra + co. 0 0 0 U tq Lo 0 ly) r) O O O O) O a O r (N 1 0 0 0 C 0 0 Q) O U_ U.. U_ O X X ▪ CU X CD U iL 'u. 'u, to w u) co f 0 (I) O a..aE- ,. ►� o Q- «• v) to m E O 000m= 2 UUUU)_J 11:55:38 AM In -House Direct Costs (IHDC) e Th Dol Overhead* P 2 a 0 -1 •.$2, ■ Lii;!IllIohIllI tai. fl1„ Element of Work Totals 11:55:38 AM a 0 0 zEri irc w • Q Z_0 0 O co Z LU< 0 • >- tq Z tu • (o 0 < 1:1: F Z T C rn m Z as a) U . w as as O EZ 0 0 w J 0 0 Z J w J a a Z 0 J 11.I Z ' CL 0) Cc) r CD n .- 0 r' CV 0) c- CV n 0 N CO aD CD d; n c- C) CD ('M CD O (D CO V; 'V N I 0) I CO 558 $ 25,751 $ 51,245 $ - $ 76,996 $ 10,663 $ 31,260 $ 118,919 100.00 CO -J N O H a0 EA LO O CV CO OD V N EA <- Oet CD N EA t() O) D EA c7 O EA CO Otl' C D EA 'Cr 0 EA 0) mN C) V_ 69 n n EA N M Cn EA 0) a- O N . EA 0 IX is W Q 1 CO O M co- CA ER rn (A o EL" O 0) 0 o °) 0. 0) N V3 iv N EA (0 CO EA 0) C") EA r m EA 0) C+) r- EA N aD EA � n EA co U? O) 69 COO CD EA 1 '�t r EA -4 Q o I- LL m D (n 0) CR EA c- N CO EA N CO N (fl N n N N Eft En - N EA -CE) CD - CA EA CD CO CO. in EA CD CD M CC) to C'7 C•) C[) [9 EA Cr 0) N co EA (D N- N- 'V' 69- n M n ♦N- 69. LU W �p Za0 O W I- o (1 CA -- a Z Z W D? o W QEzr- l_ W > m (°Fi O EA N c- to 7 '- to r to, r EA ti N 69 0 r (p EA I n C' EA i in Ch EA ) CC) (V fA 0) c- V EA 0) (o EA N- •7 co- EA r } o 0 dQ oD v 63 0) 0 CD EA 0 (r n EA 0 (D N- EA N n EA Cn 0 Ch EA C) D) CO c- EA CE) D) n c- EA N 00 N ,- EA C( 0 r- N EA n 0) C() ej 63 0 CO N cr EA J J o E ctOD a CD c^ 0 to EA .- (D 0 V EA CD CD 06 �T EA CC) (D o (p EA It) )- n CO EA O) n ri 63 OD M r; st EA' CO N .= (n EA oD N u) EA CO r o O to 10 N M to to 10 N E+i in EA ee En CU co IL Z CC 20< < Z T a) Cn c- CE) u) - 0 co O n O '1 to 03 to N to r) o M O CO 2 LU H C 0 •o c `o o o co n lb' (n EZ Q 0. '5 W o ID o c m 0 yT ro g) o H c as in c r ai a°) 0 CO 'c 2 ca a m 0. co B w n u) a) .c 5 0 m to o 0 • aa) ) 2 c `� 'c o < 6 fS rn o 2 t-- O a U 0 cc [ j 0 • Z ,- N M V' iD co . 0) O) O r., N co x (fl et e m g Q. t DESCRIPTION OF SERVICES: *A * 3/2212012 -11:49 AM (i z 0 u) z w W < z 0 O 0 co uzia zo8 0>- o o Q z, m co -±" A W u. rn W 0 Q oa SUPPLEMENTAL NO. 1 z re Ci zz 9 jw ham)° o a co ko 8 c') U' co o0 0 ems u. w2 00? }... zz {- 0WaOoO }-'X N w W as U_ 0 0. h WAGE RATE fH o o N O o o o d4', O 0 O o O O O rn 0 O cc N o c tu F- o — o 0 cc cc 0 WAGE RATE 0 0 °o ( coo 0 o O N o r t7 O CO 0 N O 0 CA- U a. 0 0 v 0 0 WAGE RATE ft co a `LO' o 0 o 0 0 0 O o N o O O o O 0 0 0 0 (0 U 1 cc 0 0 0 0 0 J ct 0a z(,) o N CO N N O '0 mot; LO U) O o M M M cc) N PRINCIPAL PROJECT MANAGER PROJECT ENGINEER CIVIL ENGINEER I SENIOR TECHNICIAN INSPECTOR SURVEYING TECHNICIAN CAD TECHNICIAN GIS TECHNICIAN TECHNICAL ASSISTANT AVERAGE PAYROLL RATE o_ • co 0 SUPPLEMENTAL NO. 1 z 0 1 tro W V S I) CY) o 0 o c°o te- o 0 O 0 N o 0 O 0 0 O 0 0 O 0 o 6 o 0 O ITEM 6 Specificatic U P cc Q 0 o ui • coo 00I. ITEM 5 Plan Preparation $ 0 I) c6 0 0 O 6 o O o O o O o O (0 6 o O 0 6 $37.75 CEO 0 O0 ITEM 4 Geotechnical Investigation 10 ch 0 N O d 0 O — 0 0 O 0 O 0 O 0 O O $50.65 U F- ix a 0 o t' rn in 100 HOURLY SALARY o o O h. O N O to cA N O (0 h• N O M r- Co h co M to O M M U) cd no O 'd; c:o N d' to cD X' - o lA N r- EMPLOYEE CLASSIFICATION a U Z a W U < I— 0 0 a W z z I— 0 0 na.. - UJ z z > 0 U Z 0 I— O z co W O W CL Z Q U z W- 1-- Z > it co z U U I^ a 0 Q U Z I- 0 1- Z to < U U 1-- AVERAGE PAYROLL RATE 0 0 0 SUPPLEMENTAL NO. 1 Z 0 D Z a o • ▪ Q ce N_ to to o co Lo `o0``� '7Z0 0 0• 9(9 o0C]a ZI" LLO 'i0LU 0 0 z — -)ZZwr 000. LLuX0 X WAGE RATE fl ri no 14 0 00 o 0 0 0 0 0 0 00 0 00 0 0 0 0 0 G ITEM 9 Meetings % PARTIC. u) In cc o Y ITEM 8 Cost Estimate WAGE RATE o ri o o 0 N v 4 o p O 0 00 0 00 0 00 0 00 0 oo o $51.28 J % PARTIC. to 00 Y ITEM 7 Quantities WAGE RATE $ 0 0 0 0 ch N ‘4, 0 O co tri O o O o N- O O o o $47.38 PARTIC. o m to .- 0 HOURLY SALARY fa 0 co O N.- 0 N o 0 o N 0 to N N o Cr) r- o f: co co 0 0) Cr) co i1) 0) CO o NI. 0) N v in CO r- o Ln N T. EMPLOYEE CLASSIFICATION d U Z E2 Cr 0 Q Q g 0 w O d Lt w Z Z 5 0 LL O d — W w Z w 0 Z U_ Z Z w c 0 z CO a 0 LULJ 0- Z 0 i i F- 0 z .- W > cX V) Z 0 z m 0 o U z U Z z LIVJ L— O H. cn co - 0 Z x U IW- AVERAGE PAYROLL RATE 0 0 k 0 COUNTY: Cook q 1- z w ■ z 0 k \ COd/ ' z0 2 O nO) EG O 0 \ • /� ITEM 12 ROW Acquisition 1 $ 2 § p Q 0 0 0 0 d a 6 0 0 o 0 a 6 6 0 0 $53.25 1 d \ a @ @ k . G / ITEM. 11 Traffic Signal Design 1 $ § 2 r o 0 0 a a 6 0 a 0 0 d a 0 a 0 6 $53.25 1 2 g o ITEM 10 Administration 1 • $ \ 2 § o o o 0 a a o 0 6 0 6 6 0 6 0 8 2 d \ 6 @ o 2 100 1 HOURLY SALARY m 0 § 0) k q § § 0 2 N. G k co k' N 7 2 2 § EMPLOYEE CLASSIFICATION } z ƒ \ / 0 3 0 i - 0 \ W ƒ .F .o 0 2 cK 3 q - 0 - z I 0 w /. / CO F f Q % 2 H 0 0 \ § o « o 2 0 \ 0 m 5 R 2 § k 0 k o / AVERAGE PAYROLL RATE Illinois Department of Transportation Prime Consultant Name Address Telephone TIN Number Project Information Local Agency Section Number Project Number Job Number Exhibit B Frank Novotny & Associates, Inc. 825 Midway Drive Willowbrook 11 60527 630 - 887 -8640 36- 2728920 Village of Lemont 02- 00055 -00 -WR M- 8003(503) D -91- 190 -05 Engineering Payment Report This form is to verify the amount paid to the Sub - consultant on the above captioned contract. Under penalty of law for perjury or falsification, the undersigned certifies that work was executed by the Sub - consultant for the amount listed below. Sub - Consultant Name TIN Number Actual Payment from Prime Engineering Resource Associates Allied Appraisal Company 36- 3686466 36- 2696006 Charles A. Southcomb & Assoc. 36- 3389177 ourigs Sub - Consultant Total: Prime Consultant Total: Total for all Work Completed: Signature and title of Prime Consultant —James L. Cainkar, President January 10, 2012 Date Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as concurring with the payment amount specified above. Page 7 of 7 BLR 05610 (Rev. 9/06) Printed on 3/22/2012 11:55:38 AM LEMONT -- McCARTHY ROAD Section 02- 00055 -00 -WR Project M- 8003(503) Job D- 91- 190 -05 SCHEDULE Design Engineering services are nearly completed at this time. February, 2012 IDOT Bid Opening .April 27, 2012 ENGINEERING RESOURCE ASSOCIATES, INC. Consulting Engineers, Scientists, & Surveyors July 15, 2010 Mr. James L. Cainkar, PE, PLS Frank Novotny & Associates, Inc. 825 Midway Drive Willowbrook, IL 60527 Subject: Proposal for Engineering Services Storm Sewer System Design Village of Lemont, McCarthy Road Project No.: M -8003 (501 Section No.: 02- 00055 -00 -WR Dear Jim: In accordance with your request, Engineering Resource Associates, Inc. (ERA) is pleased to submit this proposal for engineering services for the subject project. The proposal has been prepared in accordance with your letter dated June 25, 2010, a review of preliminary plans and topography and our experience on similar assignments. Frank Novotny & Associates, Inc. (FNA) has been retained by the Village of Lemont to provide Phase 1 and Phase II engineering services for the reconstruction of McCarthy Road from about 1,850 feet west of Archer Avenue to about 800 feet east of Archer Avenue. The project is being partially funded by IDOT. It is our understanding that the Preliminary Design Report has been approved by IDOT and FNA is starting Phase II design services. FNA now desires to retain ERA to provide storm sewer system design services as subconsutants to FNA. The storm sewer design will need to conform to IDOT standards as provided in the IDOT Drainage 'Manual. It is our understanding that a formal IDOT Location Drainage Study will not be required, there are no identified drainage problems and that there are no fioodplains or wetland conflicts along the project alignment. ERA will provide engineering services in accordance with the following work plan. 1. Data Gathering — Acquire background data from various sources including: a. Engineer's Site visit b. Preliminary proposed and existing conditions plans by FNA c. Cross sections showing existing and preliminary improvements and right of way limits from FNA 1 Wartenville 3s701 West Avenue. Suite 150 Wanenville, 0.60555 T 630.303.3060 F 630.3932152 www.eraconsultants.com Geneva Chicago Champaign 501 West State Street, Suite 203 10 South Riverside Plaza, Suite 1800 3002 Crossing Court Geneva, I1. 60134 Chicago, 11.60606 Champaign, iL61822 T 630262.8689 T 312.683.0110 T 217.351.6268 F 630262.8698 F 312.4746099 F 217.355.1902 1 d. Topographic survey information from FNA e. Contour /planimetric mapping by Sidwell f. Drainage and utility plans for adjacent improvements from FNA and the Village of Lemont g. Drainage studies for adjacent developments from FNA and the Village of Lemont h. Flood insurance mapping and reports from FEMA i. Aerial images from various sources 2. Existing Drainage Plan (EDP) a. Determine location, size and other data for existing pipes, culverts, ditches and outfalls from gathered information. b. Delineate tributary areas from contour mapping and existing conditions plans. c. Determine time of concentrations and "C" values from gathered information. d. Analyze existing flow volumes and velocities in existing pipes, culverts, ditches and outfalls and evaluate suitability for continued use and outlet sensitivity. Storm sewer flows will be analyzed using the Rational Method in accordance with 1DOT procedures. For the purposes of this proposal, it is assumed that the existing outlets will be capable of accommodating proposed flows so that no detention storage or pipe oversizing will be required. e. Prepare EDP using FNA preliminary plans as a base. The EDP will show external areas draining to the right of way, sheet and concentrated flow entering the highway drainage system, drainage summits, drainage divides, existing drainage facilities, and outlets. The EDP will also show tributary areas and "C" values for each drainage area identified. 3. Proposed Drainage Plan a. Evaluate cross sections and preliminary plans to see if additional right of way or drainage easements may be needed. b. Evaluate proposed drainage alternatives to develop preferred improvements. c. Delineate tributary areas from contour mapping and proposed conditions plans. d. Determine time of concentrations and "C" values from gathered information. e. Analyze proposed flow volumes and velocities in proposed storm sewers, ditches and culverts. Determine conformance with 1DOT standards. Storm sewer flows will be analyzed using the Rational Method in accordance with IDOT procedures. f. Design inlet spacing in accordance with IDOT procedures. g. Design ditches in accordance with IDOT procedures. h. Prepare Proposed Drainage plan by marking proposed drainage facilities onto FNA proposed conditions plan and profile sheets. Final drafting for Phase 11 plans will be performed by FNA. For the purposes of this proposal, it is assumed that a hydraulic report and analysis will not be required for the 4ft x 4ft box culvert at the eastern end of the project. It is assumed that the culvert will not need to be modified to accommodate the construction. It is anticipated that engineering services described in this proposal will be completed within six weeks following receipt of authorization to proceed. Fees for engineering services described in this proposal are proposed on a cost plus basis using a multiplier rate of 2.80 times direct hourly payroll rates. Our estimated total fee for this project is $14,835. We appreciate the opportunity to submit this proposal and trust that it meets with your approval. If acceptable, please sign the proposal where indicated below and return one copy for our files. Receipt of the executed proposal will serve as authorization to proceed with the project. The attached General Terms and Conditions are expressly incorporated into and are an integral part of this proposal for engineering services. ENGINEERING RESOURCE ASSOCIATES, INC. CowoltingZugunan, Sticotat , & Sutvgor.+ Very truly yours, ENGINEER I.N RESOURCE _; . SOCI + S ,tiQC. Marty Michalis.:, P. Project Manager THIS PROPOSAL AND GENERAL TERMS & CONDITION C EPTED & APPROVED PRA OT Y & ASSOCIATES, INC. Authorized Signature James L. Cainkar, P.E., PLS, Pres. Typed Name & Title July 15, 2010 ENGINEERING RESOURCE ASSOCIATES, INC. Con.N gEn6iocers, Scientists, S.rvcyo. Date Engineering Resource Associates, inc. GENERAL TERMS AND CONDITIONS 1. COMPLIANCE WrrH LAWS: Engineering Resource Associates, Inc. (Engineer) will strive to exercise usual and customary professional care in his efforts to comply With those laws, codes, ordinance and regulations which are in effect as of the date of this Agreement With specific respect to prescribed requirements of the Americans with Disabilities Act of 1990 or certified state or local accessibiftyregulations (ADA), Client understands ADA is a civil rights legislation and that interpretation of ADA is a legal issue and not a design issue and, accordingly, retention of legal counsel (by Client) for purposes of interpretation is advisable. As such and with respect to ADA, Client agrees to waive any action against Engineer, and to indemnify and defend Engineer against any claim arising from Engineers alleged failure to meet ADA requirements prescribed. 2. DesteNAEON oe AUTHORIZED REPRESENTATIVE: Each party (to this Agreement) shall designate one or more persons to act with authority in its behalf in respect to appropriate aspects of the Project The persons designated shat review and respond promptly to all communications received from the other party. 3. STANDARD OF PRACTICE: The Engineer will strive to conduct services under this Agreement in a manner consistent with that level of care and skit ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions 'as of the date of this Agreement. No other representation, express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinion, document, or otherwise. 4. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with Articles previously set forth by Item 1. of this Agreement, together with the laws of the State of Illinois. 5. RESPONSIBILITY OF THE ENGINEER: Notwithstanding anything to the contrary which may be contained in this Agreement or any other material incorporated herein by reference, or in any Agreement between the Client and any other party concerning the Project, the Engineer shall not have control or be in charge of and shall not be responsible forthe means, methods, techniques, sequences or procedures of constuction, or the safety, safety precautions or programs of the Client, the construction contractor, other contractors or subcontractors performing any of the work or providing any of the services on the Project Nor shall the Engineer be responsible for the acts or omissions of the Client, or forthe failure of the Client, any architect, engineer, consultant, contractor or subcontractor to carry out their respective responsibilities in accordance with the Project documents, this Agreement or any other agreement concerning the Project. Any provision which purports to amend this provision shall be without effect unless it contains a reference that the content of this condition is expressly amended forthe purposes described in such amendment and is signed by the Engineer. 6. CLIENT'S RESPONSIBILRIES: The Client agrees to require the Contractor, to the fullest extent permitted by law, to indemnify, hold harmless, and defend the Engineer, its consultants, and the employees and agents of any of them from and against any and all claims, suits, demands, liabilities, losses, damages, and costs ( "Losses "), including but not limited to costs of defense, to the extent arising in whole or in part out of the negligence of the Contractor, its subcontractors, the officers, employees, agents, and subcontractors of any of them, or anyone for whose acts any of them may be liable, regardless of whether or not such Losses are caused in part by a party indemnified hereunder. Specifically excluded from the foregoing are Losses arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, or specifications, and the giving of or failure to give directions by the Engineer, its consultants, and the agents and employees of any of them, provided such giving or failure to give is the primary cause of Loss. The Client further agrees to require the Contractorto name the Engineer, its agents and consultants as additional insureds on the Contractor's policy or policies of comprehensive or commercial general liabildy insurance. Such insurance shall include products and completed operations and contractual liability coverages, shall be primary and non - contributing with any insurance maintained by the Engineer or its agents and consultants, and shall provide that the Engineer be given thirty days, unqualified written notice prior to any cancellation thereof. in the event the foregoing requirements, or any of them, are not established by the Client and met by the Contractor, the Client agrees to indemnify and hold harmless the Engineer, its employees, agents, and consultants from and against any and all Losses which would have been indemnified and insured against bj'the Contractor, but were not 1 of5 Engineering Resource Associates, Inc - August 2004 When Contract Documents prepared under the Scope of Services of this contract require insurance(s) to be provided, obtained and/or otherwise maintained by the Contractor, the Client agrees to be wholly responsible for setting forth any and all such insurance requirements. Furthermore, any document provided for Client review by the Engineer under this Contract related to such insurance(s) shall be considered as sample insurance requirements and not the recommendation of the Engineer. Client agrees to have their own risk rnanagernent department review any and all insurance requirements for adequacy and to determine specific types of insurance(s) required for the project. Client further agrees that decisions concerning types and amounts of insurance are specific to the project and shall be the product of the Client As such, any and all insurance requirements made part of Contract Documents prepared by the Engineer are not to be considered the Engineer's recommendation, and the Client shall make the final decision regarding insurance requirements. 7. INFORMATION PROVIDED BY OTHERS: The Engineer shall indicate to the Client the information needed for rendering of the services of this Agreement. The Client shall provide to the Engineer such information as is available to the Client and the Client's consultants and contractors, and the Engineer shall be entitled to rely upon the accuracy and completeness thereof. The Client recognizes that it is impossible for the Engineer to assure the accuracy, completeness and sufficiency of such information, either because it is impossible to verify or because of errors or omissions which may have occurred in assembling the information the Client is providing. Accordingly, the Client agrees, to the fullest extent permitted by law, to indemnify and hold the Engineer and the Engineer's subconsultants harmless from any claim, liability or cost (including reasonable attorneys' fees and cost of defense) for injury or loss arising or allegedly arising from errors, omissions or inaccuracies in documents or other information provided by the Client to the Engineer. 8. CHANGES: Client reserves the right by written change order or amendment to make changes in requirements, amount of work, or engineering time schedule adjustments, and Engineer and Client shall negotiate appropriate adjustments acceptable to both parties to accommodate any changes, if commercially possible. 9. DOCUMENTS DELIVERED TO CLIENT: Drawings, specifications, and reports prepared by Engineer in connection with any or all of the services furnished hereunder shall be delivered to the Clientfor the use of the Client Engineer shall have the right to retain originals of all Project Documents and drawings for its flies. Furthermore, it is understood and agreed that the Project Documents such as, but not limited to reports, calculations, drawings, and specifications prepared for the Project, whether in hard copy or machine readable form, are instruments of professional service intended for one -time use in the construction of this Project. These Project Documents are and shall remain the property of the Engineer. The Client may retain copies, including copies stored on magnetic tape or disk, for information and reference in connection with the occupancy and use of the Project. It is also understood and agreed that because of the possibility that information and data delivered in machine readable form may be altered, whether inadvertently or otherwise, the Engineer reserves the right to retain the original tapes/disks and to remove from copies provided to the Client all identification reflecting the involvement of the Engineer in their preparation. The Engineer also reserves the right to retain hard copy originals of all Project Documentation delivered to the Client in machine readable form, which originals shall be referred to and shall govem in the event of any inconsistency between the two. The Client understands that the automated conversion of information and data from the system and format used by the Engineer to an alternate system or format cannot be accomplished without the introduction of inexactitudes, anomalies, and errors. in the event Project Documentation provided to the Client in machine readable form is so converted, the Client agrees to assume all risks associated therewith and, to the fullest extent permitted by law, to hold harmless and indemnify the Engineer from and against all claims, liabilities, losses, damages, and costs, Including but not limited to attomey'sfees, arising therefrom or in connection therewith. The Client recognizes that changes or modifications to the Engineer's instruments of professional service introduced by anyone other than the Engineer may result in adverse consequences which the Engineer can neither predict nor control. Therefore, and in consideration of the Engineer's agreement to deliver its instruments of professional service In machine readable form, the Client agrees, to the fullest extent permitted by law, to hold harmless and indemnify the Engineer from and against all claims, liabilities, losses, damages, and costs, including but not limited to attomey's fees, arising out of orin any way connected with the modification, misinterpretation, misuse, or reuse by others of the machine readable information and data provided by the Engineer under this Agreement. The foregoing indemnification applies, without limitation, to any use of the Project Documentation on other projects, for additions to this Project, or for completion of this Project by others, excepting only such use as may be authorized, in writing, by the Engineer. 2 of .5 Engineering Resource Associates, Inc. - August, 2004 10. REUSE OF DOCUMENTS: All Project Documents including but not limited to reports, original boring logs, field data, field notes, laboratory test data, calculations, opinions of probable costs, drawings and specifications furnished by Engineer pursuant to this Agreement are intended for use on the Project only. They cannot be used by Client or others on extensions of the Project or any other project. Any reuse, without specific written verification or adaptation by Engineer, shall be at Client's sole risk, and Client shall indemnify and hold harmless Engineer from all claims, damages, losses, and expenses including attorneys fees arising out of or resulting therefrom. 11. FORCE MAJEURE: Neither Client nor Engineer shall be liable for any fault or delay caused by any contingency beyond their control including but not limited to acts of God, wars, strikes, walkouts, fires, natural calamities, or demands or requirements of governmental agencies. 12. RELATIONSHIP BETWEEN ENGINEER AND CLIENT: Engineer shall serve as Clients professional engineer consultant in those phases of the Project to which this Agreement applies, This relationship is that of a buyer and seller of professional services and as such the Engineer is an independent contractor in the performance of this Agreement and It is understood that the parties have not entered into any joint venture or partnership with the other. The Engineer shall not be considered to be the agent of the Client 13. SUSPENSIONOFSERVICES: Client may, at any time, bywritfen orderto Engineer (Suspension of Services Order) require Engineer to stop all, or any part, of the services required by this Agreement. Upon receipt of such an order, Engineer shall immediately comply with its terms and take all reasonable steps to minimize the costs associated with the services affected by such order. Client, however, shall pay all costs incurred by the suspension, including all costs necessary to maintain continuity and for the resumptions of the services upon expirafion of the Suspension of Services Order. Engineer will not be obligated to provide the same personnel employed prior to suspension, when the services are resumed, in the event that the period of suspension is greater than thirty (30) days. 14. TERMINATION: Thls Agreement may be terminated by either party upon thirty (30) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. This Agreement may be terminated by Client, under the same terms, whenever Client shall determine that termination is in its best interests. Cost of termination, including salaries, overhead and fee, incurred by Engineer either before or after the termination date shall be reimbursed by Client. 15. SUCCESSORSAND ASSIGNS: The terms of this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns: provided, however, that neitherparty shall assign this Agreementin whole or in part without the prior written approval of the other. 16. ENTIRE UNDERSTANDING OF AGREEMENT: This Agreement represents and incorporates the entire understanding of the parties hereto, and each party acknowledges that there are no warranties, representations, covenants or understandings of any kind, matter or description whatsoever, made by either party to the other except as expressly set forth herein. Client and the Engineer hereby agree that any purchase orders, invoices, confirmations, acknowledgments or other similar documents executed or delivered with respect to the subject matter hereof that conflict with the terms of the Agreement shall be null, void and without effect to the extent they conflict with the terms of this Agreement 17. AMENDMENT: This Agreement shall not be subject to amendment unless another instrument is duly executed by duly authorized representatives of each of the parties and entitled "Amendment of Agreement. 18. PAYMENT: Client shall be invoiced once each month for work performed during the preceding period, Client agrees to pay each invoice within thirty (30) days of its receipt. The client furtheragrees to pay interest on all amounts invoiced and not paid or objected to for valid cause within said thirty (30) day period at the rate of eighteen (18) percent per annum (orthe maximum interest rate permitted under applicable law, whichever is the lesser) until paid. Client further agrees to pay Engineer's cost of collection of all amounts due and unpaid after sixty (60) days, including court costs and reasonable attorney's fees, as well as costs attributed to suspension of services accordingly. In the event legal action is necessary to enforce the payment provisions of this Agreement, the Engineer shall be entitled to collect from the Client any judgement orsettiement sums due, reasonable attorneys' fees, court costs and expenses incurred by the Engineer in connection therewith and, in addition, the reasonable value of the Engineer's time and expenses spent in connection with such collection action, computed at the Engineer's prevailing fee schedule and expense policies. If the Client fails to make payments when due or otherwise is in breach of this Agreement, the Engineer may suspend performance of services upon five (5) calendar days' notice to the Client. The Engineer shall have no liabtiity whatsoever to the Client for any costs or damages as a result of such suspension caused 3 of 5 Engineering Resource Associates, Inc. - August, 2004 by any breach of this Agreement by the Client. Client will reimburse Engineer for ail associated costs as previously set forth in item 13 of this Agreement. Payments due Engineer are not contingent upon project approval or project financing and are the sole responsibility of the Client If an invoice for work performed by Engineer remains unpaid sixty (60) days form the date of the invoice and, if there is no written resolution of payment from the dientduring the sixty (60) day period, Engineer will stop all work on the assignment. 19. INDEMNIFICATION: Engineer agrees, to the fullest extent permitted by law, to indemnify and hold harmless Client up to the amount of this contract fee (for services) from loss or expense, including reasonable attomey's fees to the extent caused by Engineer's negligent acts, errors or omissions in the performance of professional services under this Agreement Client agrees, to the fullest extent permitted by law, to indemnity and hold harmless Engineer from any damage, liability or cost, including reasonable attomeys' fees and costs of defense, to the extent caused by the Client's negligent acts, errors or omissions and those of his or her contractors, subcontractors or consultants or anyone for whom the Client is legally liable, and arising form the project that is the subject of this Agreement in the event of joint or concurrent negligence of Engineer and Client, each shall bear that portion of the loss or expense that its share of the joint or concurrent negligence bears to the total negligence (including that of third parties) which caused the personal injury or property damage. Engineer shall not be liable for special, incidental or consequential damages, including, but not limited to loss of profits, revenue, use of capital, claims of customers, cost of purchased or replacement power, or for any other loss of any nature, whether based on contract, tort, negligence, strict liability or otherwise, by reasons of the services rendered under this Agreement. 20. LlMr of LABILITY: The Client and the Engineer have discussed the risks, rewards, and benefits of the project and the Engineer's total fee for services, In recognition of the relative risks and benefits of the Project to both the Client and the engineer, the risks have been allocated such that the Client agrees that to the fullest extent permitted by law, the Engineers total aggregate liability to the Client for any and all injuries, claims, costs, losses, expenses, damages of any nature whatsoever or claim expenses arising out of this Agreement from any cause or causes, including attomey's fees and costs, and expert witness fees and costs, shall not exceed the total Engineer's fee for professional engineering services rendered on this project as made part of this Agreement. Such causes included but not liimited to the Engineer's negligence, errors, omissions, strict liability or breach of contract It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 21. NOTICES; Any notice or designation required to be given to either party hereto shall be in writing, and unless receipt of such notice is expressly required by the terms hereof shall be deemed to be effectively served when deposited In the mail with sufficient first class postage affixed, and addressed to the party to whom such notice is directed at such party's place of business or such other address as either party shall hereafter fumish to the other party by written notice as herein provided. 22. AccEss AND PERMlrs: Client shall arrange for Engineer to enter upon public and private property and obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the Project. Client shall pay costs (including Engineer's employee salaries, overhead and fee) incident to any effort by Engineer toward assisting Client in such access, permits or approvals, if Engineer perform such services. 23. WAIVER OF CONTRACT BREACH: The waiver of one party of any breach of the Agreement or the failure of one party to enforce at any time, or for any period of time, any of the provisions hereof, shall be limited to the particular instance, shall not operate or be deemed towaive any future breachesof this Agreementandshallnotbeconstruedtobeawaiverof any provision, except for the particular instance. 24. OPINIONS OF PROBABLE COST: Since Engineer has no control over the cost of labor, materials or equipment, or over the Contractor(s) method of determining process, Drover competitive bidding or marketcondiilions, his opinions of probable Project Construction Cost provided for herein are to be made on the basis of his experience and qualifications and represent his best judgement as a design professional familiar with the construction industry, but Engineer cannot and does not guarantee that proposal, bids or the Construction Cost will not vary from opinions of probable construction cost prepared by him. If prior to the Biddlng or Negotiating Phase, Client wishes greater accuracy as to the Construction Cost, the Client shall employ an independent cost estimator Consultant for the purpose of obtaining a second construction cost opinion independent from Engineer. 25. CONSTRUCTION OBSERVATION CLAUSE: The Owner will include the following clause in the construction contract documents and Owner agrees not to modify or delete it Kotedd Waiver. Contractor (and any subcontractor into whose subcontract this clause is incorporated) agrees to assume the 4 ofs Engineering Resource Associates, Inc. - August, 2004 i entire liability for all personal injury claims suffered by its own employees, including without limitation claims under the Illinois Structural Work Act, asserted by persons allegedly injured on the Project waives any limitation of liability defense based upon the Workers Compensation Act, court interpretations of said Act or otherwise; and agrees to indemnify and defend Owner and Engineer and their agents, employees and consultants (the `Indemnities ") from and against all such loss, expense, damage or injury, including reasonable attorneys' fees, that the indemnities may sustain as a result of such claims, except to the extent that Illinois law prohibits indemnity for the indemnities' own negligence. 26. SEVERABILITY OF INVALID PROVISIONS: if any provision of the Agreement shall be held to contravene or to be invalid under the laws of any particular state, county or jurisdiction where used, such contravention shall not invalidate the entire Agreement, but it shall be construed as if not containing the particular provisions held to be invalid in the particular state, country or jurisdiction and the rights or obligations of the parties hereto shall be construed and enforced accordingly. 27. HAZARDOUS MATERIALS: It is acknowledged by both parties that Engineer's scope of services does not include any services related to asbestos or hazardous or toxic materials. In the event Engineer or any other party encounters asbestos or hazardous or toxic materials at the job site, or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of Engineer's services, Engineer may at his option and without liability for consequential or any other damages, suspend performance of services on the project until Client retains appropriate specialist consultant(s) or oontractor(s) to identify, abate and/or remove the asbestos or hazardous or toxic materials, and warrant that the job site is in full compliance with applicable laws and regulations. 28. RIGHT OF ENTRY: Client hereby grants Engineer and its subcontractors or agents the right to enter from time to time property owned by Client and /or other(s) in order for Engineer to fulfill the scope of services included hereunder. Client understands that use of exploration equipment may cause some damage, the correction of which is not part of this Agreement. Client also understands that the discovery of certain hazardous conditions and /ortaking preventive measures relative to these conditions may result in a reduction of the Property's value. Accordingly, Client waives any claim against Engineer and its subcontractors or agents, and agrees to defend, indemnify and hold Engineer harmless from any claim or liability for injury or loss allegedly arising from procedures associated with subsurface exploration activities or discovery of hazardous materials or suspected hazardous materials. In addition, Client agrees to compensate Engineer for any time spent or expenses incurred by Engineer in defense of any such claim with compensation to be based upon Engineer's prevailing fee schedule and expense reimbursement policy. Engineer shall not be liable for damage or injury from damage to subterranean structures (pipes, tanks, cables, or other utilities, etc.) which are not called to Engineer's attention in writing and correctly shown on the diagram(s) furnished by Client to Engineer. 29. SAMPLES: Soil, rock, water and/or other samples obtained from the Project site are the property of Client. Engineer shall preserve such samples for no longer than sixty (60) calendar days after the issuance of any document that includes the data obtained from them, unless other arrangements are mutually agreed upon in writing. Should any of these samples be contaminated by hazardous substances or suspected -hazardous substances, it is Client's responsibility to select and arrange for lawful disposal procedures, that is, procedures which encompass removing the contaminated samples from Engineer's custody and transporting them to a disposal site. Client is advised that, in all cases, prudence and good judgment should be applied in selecting and arranging for lawful disposal procedures. Due to the risks to which Engineer is exposed, Client agrees to waive any claim against Engineer, and to defend, indemnify and hold Engineer harmless from any claim or liability for injury or toss arising from containing, labeling, transporting, testing, storing, or other handling of contaminated samples. Client also agrees to compensate Engineer for any time spent and expenses incurred by Engineer in defense of any such claim, with such compensation to be based upon Engineer's prevailing fee schedule and expense reimbursement policy. END OF GENERAL TERMS AND CONDITIONS 5 of 5 Engineering Resource Associates, Inc. - August 2004 ENGINEERING RESOURCE ASSOCIATES, INC. Consulting Engineers, Scientists, & Surveyors February 25, 2011 Mr. James L. Cainkar, PE, PLS Frank Novotny & Associates, Inc. 825 Midway Drive Willowbrook, IL 60527 Subject: Proposal for Additional Engineering Services Storm Sewer System Design Village of Lemont, McCarthy Road Project No.: M -8003 (50S) Section No.: 02- 00055 -00 -WR Dear Jim: In accordance with our recent conversations, Engineering Resource Associates, Inc. (ERA) is submitting this proposal for additional engineering services for the subject project. The additional services described herein are related to recent IDOT review comments requiring that elements of a formal Location Drainage Study (LDS) be performed. Our original agreement specifically excluded preparation of an IDOT LDS. We have discussed the comments with IDOT staff and they have agreed that a full fledged LDS will not be required but certain sections and elements of an LDS would suffice. Based upon those converstations, additional engineering services to prepare the abbreviated LDS would include the following tasks and estimated manhours. I. Preparation of Narrative introduction — 2 hr Existing Drainage Conditions: Intro /Summary 1 hr Identified Drainage Problems 1 hr Identified Base Floodplains N/A Major Drainage Features 3 hr Design Criteria 2 hr Outlet Evaluation 4 hr Proposed Drainage Conditions: Intro /Summary 1 hr Discussion of Diversion 1 hr Stormwater Detention Analysis 2 hr Right of Way Analysis 2 hr Design Alternatives 1 hr ?r "•1� Warrenvllle F% 3s701 West Avenue, Suite 150 Werrenvilte, L 6055.5 7830,393.3060 '4.. F630.393.2152 www.eraconsul tants,corn Geneva Chicago Champaign 501 West State Street, Suite 203 10 South Riverside Plaza, Suite 1800 3002 Crossing Court Geneve, IL 60134 Chicago, 1L 60606 Champaign, IL 61822 T 630.262,8689 T 312.683.0110 T 217.351.6268 F 630.282.8898 F 312.474.6099 F 257.355.1902 ��1 Local Coordination Water Quality BMPs Conclusion Sub- Total: II. Revised EDP and PDP Sheets Add Right -of -Way info from Novotny Delineate Outlets /Sub- divides Delineate Total Tributary Areas (Ex & Prop) Delineate Total Flowrate to Each Outlet Add Waterway Information Table (Culvert) Add Other Utilities (Water, San) & Symbols Delineate all Prop & Ex Conditions in Cad Sub - Total: UI. Calculations Determine Increased Impervious Area Summary Table for Inlet Spacing to show Intercepted flow, bypass flow, and Encroachment at sags Back -up Rational Method Documentation Sub- Total: 1 hr 3 hr 2 hr 26 hr 2 hr (drafting) 3 hr 2 hr 4 hr 3 hr 3 hr (drafting) 16 hr (drafting) 33 hr (21 hr drafting /12 hr engineering) 2 hr 4 hr 3 hr 9 hr IV. BMPs Provide Conceptual Design for Novotny 5 hr Sub - Total: 5 hr Total Time: 73 hrs (52 Engineering /21 drafting) It is anticipated that additional engineering services described in this proposal will be completed within four weeks following receipt of authorization to proceed. Fees for engineering services described in this proposal are proposed on a cost plus basis using a multiplier rate of 2.80 times direct hourly payroll rates. Our estimated total fee for this project is as follows: Original Contract Additional Services (Abbreviated LDS) Revised Contract Amount $14,835 $ 8,125 $22,960 VVe appreciate the opportunity to submit this proposal for additional services and trust that it meets with your approval. If acceptable, please sign the proposal where indicated below and return one copy for our files. Receipt of the executed proposal will serve as authorization to proceed with the additional services. The General Terms and Conditions contained in the original agreement are expressly incorporated into and are an integral part of this proposal for engineering services. Very truly yours, ENGINEERING RESOURCE ASSOCIATES, INC. 2-A471e Rodney A. Beadle, P.E. President ENGINEERINGRES()1IRCE ASSOCIATES, INC. Consulting Engineers, Scientists, & Surveyors THIS PROPOSAL FOR ADDITIONAL SERVICES A CEPTED &.APPROVED FRANK N• *TO & ASSOCIATES, INC. �j ,. vA cA L Authorized Signature Typed Name & Title Date ENGINEERING RESOURCE ASSOCIATES, INC. Consulting Engineers, Scientists, & Surveyors -'r 0 1- 0 0o OR (1) < DC 0 00 2 "CI CO .d+ 14) As ....r J C 0 .co &cam ca 0 to • m Z 0a. 0 u F, = a rz cs W i. cU w 0 0 w 0. 0 S m 0 m :°- CO I 0 a - tO a a a (A N M ap M ? r O m rn 0 73 100.0% 0 0 0 0I 0 0 N 0 0 0 0 0 01 0 N CO cI 0 0 0 01 0 N r rl (n 1. Narrative Preparation 11. Revised PDP and PDP Sheets lit. Calculations N N Hourly Rate Schedule Ea 0 [UW E g 0 as78a; 0L000 • 0Mww a a a 0 0 0 ENGINEERING RESOURCE ASSOCIATES, INC. Consulting Engineers, Scientists & Surveyors Sent via email to JimCainkara @,,franknovotnyengineering,com Mr. James L. Cainkar, P.E., P.L.S. Frank Novotny & Associates, Inc. 825 Midway Drive Willowbrook, IL 60527 November 22, 2011 SUBJECT: Proposal for Environmental Services - McCarthy Road / Archer Ave. / Derby Road Paving, Village of Lemont, IL Dear Mr. Cainkar: Engineering Resource Associates, Inc. (ERA) is pleased to submit this proposal for engineering services for McCarthy Road / Archer Ave. / Derby Road Paving. This proposal has been prepared in accordance with your request for proposal dated November 17, 2011 and our experience on similar assignments. PROJECT UNDERSTANDING Frank Novotny & Associates, Inc. (Novotny) has been retained by the Village of Lemont to provide engineering for Paving McCarthy Road / Archer Ave. / Derby Road. Plans were previously completed by Novotny dated September 21, 2011. As impacts to wetland are less than 0.1 acre no mitigation is required. The Corps will likely view this as maintenance and Novotny now desires to retain ERA to complete obtain the appropriate sign off from the Corps to construct the project. SCOPE OF SERVICES ERA will provide engineering services in accordance with the following work plan: 1. Coordination - Correspond with Novotny to discuss issues relevant to the project. 2. Wetland Delineation Report- ERA will prepare a delineation report with the required data forms and proper wetland documentation. 3. USACE Submittal - ERA will write a request for a RP3 (Transportation Project) and include applicable documentation of the temporary impact. 4. Sediment Erosion Control and Restoration Plan - ERA will revise the restoration plan provided by Novotny to be in compliance with the Corps' requirements. A planting plan and maintenance and monitoring plan will be prepared. ITEMS NOT INCLUDED Only services specifically described in this proposal are included in our scope of work. The following are specifically excluded, although they may be added as a contract amendment at a future date for an agreed additional fee: 1 • Surveying Services Warrenvilie 3s701 West Avenue, Suite 150 Wanenv8le, IL 60555 T 630.393.3060 F 830.393.2152 Geneva - Chicago Champaign 501 West State Street, Suite 203 10 South Riverside Plaza, Suite 1800 3002 Crossing Court Geneva, IL 60134 Chicago, IL 60606 Champaign, IL 61822 T 630.262.8689 T 312.683.0110 T 217.351.6266 F 630.262.8698 F 312.474.6099 F 217.355.1902 1 Mr. Jim Cainkar Page 2 of 4 November 22, 2011 • Permitting, beyond that described above • Floodplain /Floodway Hydrologic /Hydraulic Modeling • Floodplain/Floodway cut & fill calculations • Attendance at Meetings (billed hourly) PROJECT SCHEDULE We anticipate that the submittal can be made within seven working days following receipt of authorization to proceed. The work described in this agreement will be performed as expeditiously as weather and other physical conditions permit. The Engineer shall not be liable to the Owner, if delayed in, or prevented from performing the work as specified herein through any cause or causes beyond the control of the Engineer and not caused by his own fault or negligence including acts of God, or the public enemy, inclement weather conditions, acts of the government after the effective date of this agreement, fires, floods, epidemics, strikes, jurisdictional disputes, lockouts, and freight embargoes. FEES Fees for services described in this proposal are proposed on an hourly 'rate plus direct costs basis. Hourly charges will be in accordance with the enclosed standard charges for professional services (Exhibit 2). The following is a summary of estimated fess for this assignment. 1. Coordination 2. Wetland Delineation Report 3. USACE Submittal 4. Restoration Plan $ 200 $ 1,200 $ 400 $ 600 Total Estimated Fee $ 2,400 Direct costs /reimbursables including printing costs, mileage and postage will be charged at the actual rate incurred plus ten percent. Fees for services beyond the scope of this proposal, when approved by the Client, will be compensated for on an hourly basis in accordance with the attached schedule of hourly rates (Exhibit 2). We appreciate the opportunity to submit this proposal and trust that it meets with your approval. If acceptable, please sign the proposal where indicated below (Exhibit 1) and retum one (1) copy for our files. Receipt of executed proposal will serve as authorization to proceed. The attached General Terms and Conditions are expressly incorporated into and are an integral part of this proposal for engineering services. if you have any questions, please contact me at 630.393.3060 x41 or epande4eraconsultants.com. Sincerely, `INEERING RESOURCE ASSOCIATES, INC. Erin R. Pande, PWS Sr. Environmental Scientist P:\Proposals and AgreementslArchitects & Consultants \Noouuiy "ssoc12010 Lemont McCarthy Road Storm SewersWlcCarthy Road Wetland Proposal 2011.11.22.doc Mr. Jim Cairikar Page 3 of 4 November 22, 2011 Exhibit 1 Acceptance & Authorization Form — March 30, 2011 Proposal McCarthy Road i Archer Ave./ Derby Road Paving Engineering Resource Associates, Inc. Authorized Signature Erin R. Pantie Printed Name and Title 3S701 West Avenue Suite 150 Warrenville, Illinois 60555 630 -393 -3060 t, 630- 393 -2152 f Mailing Address:. (please provide street address for UPS deliveries) nk Novotny & Associates, Inc. )---/11(1^-Q cs Authorized Si ture P 0 d Name and Title 2 Q rl Date Please Provide Contact Informatigi - Telephone & Facsimile Numbers: Email Address: INVOICES should be sent via: If different than above address, invoices should be addressed to: Invoice Entail Address (if different than above) Email ❑ USPS Mail ❑ Email & USPS Mail ❑ Attn: P:1Proposals and Agreements\Architects & Consultants \Novutny a, ssoc12010 Lemont McCarthy Road Storm SewersVvlcCarthy Road Wetland Proposal 2011.11.22.doc Mr. Jim Cainkar Page 4 of 4 November 22, 2011 Exhibit 2 ENGINEERING RESOURCE ASSOCIATES, INC. STANDARD CHARGES FOR PROFESSIONAL SERVICES JANUARY 1, 2011 THROUGH DECEMBER 31, 2011 +Staff Category ourlyBillrng (e..- Professional Engineer VI Professional Engineer V Professional Engineer IV Professional Engineer 111 Professional Engineer 11 Professional Engineer 1 Structural Engineer VI Structural Engineer III Staff Engineer III Staff Engineer II Staff Engineer 1 Engineering Intern 11 Engineering Intern l Engineering Technician V Engineering Technician IV Engineering Technician III Engineering Technician 11 Engineering Technician 1 Environmental Director Environmental Specialist III Environmental Specialist II Environmental Specialist I Professional Surveyor II Professional Surveyor I Surveyor IV Surveyor 111 Surveyor II Surveyor I Administrative Director Administrative Staff IV Administrative Staff 111 Administrative Staff II Administrative Staff I DIRECT COSTS Direct Costs will be billed at their actual rate incurred, plus ten (10%) percent. P:1Proposals and AgreementslArchitects & Consultants\Novuu;y a nssoc12010 Lemont McCarthy Road Storm Sewers\McCarthy Road Wetland Proposal 2011.11.22.doc $206.00 $200.00 $163.00 $128.00 $117.00 $94.00 $206.00 $105.00 $93.00 $83.00 $75.00 $36.00 $33.00 $103.00 $89.00 $72.00 $47.00 $25.00 $184.00 $93.00 $89.00 $75.00 $152.00 $125.00 $79.00 $65.00 $56.00 $39.00 $134.00 $ 78.00 $71.00 $61.00 $ 54.00 Illinois Department of Transportation on Division of Highways /District 1 201 West Center Court /Schaumburg, Illinois 60196 -1096 LAND ACQUISITION Route : FAU 1587 (McCarthy Rd.) Section : 02- 00055 -00 -WR County Cook Job No. : R-90-015-10 LPA Village of Lemont April 12, 2010 Mr. James L. Cainker, P.E., P.L.S. Acting Village Engineer Village of Lemont 418 Main Street Lemont, Illinois 60439 Dear Mr. Cainker: Thank you for your request of April 8, 2010 for approval of professional services on behalf of the Village of Lemont. The following fuzes have been approved to provide professional services necessary to secure the additional right of way for the subject improvement Appraisals: Allied Appraisal Company Mr. Robert Napoli Appraisal Reviews: Charles Southcomb and Associates Mr. Charles Southcomb If you have any questions regarding acquisition on this project, please contact Mr. Michael Harris, Local Program Acquisition Coordinator, at (847) 705 -4285: Very truly yours, Diane M. O`- Keefe; P.E. Deputy Director of Highways, Region One Engineer By. Jose Rios, P Chief of Land Acquisition cc. March 31, 2010 Frank Novotny and Associates, Inc. % James L. Cainkar, P.E., P.L.S. • 825 Midway Drive Willowbrook, Illinois 60527 RE: Fee Proposal For Project File: #05027 Village of Lemont Right -of -Way Acquisition Mc Carthy Road/Archer Avenue/Derby Road Project #: M -8003 (503) Job #: D-91-190-05 Section #: 02- 00055 -00 -WR Request For Proposal Dear Mr. Cainkar: In answer to your letter of March 18, 2010, I wish to inform you of the following. It is our mutual understanding that you and Frank Novotny and Associates are my client and intended users for the above Project File #05027. After reviewing the material provided by you and further investigating the ?natter, Allied Appraisal Company bids the following fees. PIN Fee Taking Type of Appraisal Fee 22- 27- 201 -011 342.3± Sq Ft Waiver Valuation 22 -27 -301 -001 681.92± Sq Ft Waiver Valuation 22- 27- 301 -004 685.3+ Sq Ft . Waiver Valuation 22- 300 - 020/039 4,555.1± Sq Ft Non - Complex Appraisal $1,000 .00 $1,000 .00 $1,000 .00 $2,400 .60 ALLIED APPRAISAL COMPANY 7700 BRUSH HILL ROAD BURR RIDGE, ILLINOIS 60527 alliedchicago @gmail.cam (630) 230 -0001 (630) 230 -0002 Fax (312) 368 -8619 Chicago 2 March 31, 2010 T will not bid on tax parcel 22-27-101-002 and 003 as 1 have a conflict of interest. The estimated time of completion is 4± weeks from receipt of approval to commence work. T have enclosed a copy of my professional qualifications. Please contact me if you have any questions. Respectfully, ALLIED APPRAISAL COMPANY 654a-q. Robert A. Napoli, SRPA, SRA RAN/mcg ualif;.cation.s MLemont.Bid.wpd ALLIED APPRAISAL COMPANY 7700 BRUSH HILL ROAD BURR RIDGE, ILLINOIS 60527 alliedchicago @gmaii.com [630) 230 -0001 [630) 230 -0002 Fax (3121368-8619 Chicano QUALIFICATIONS OF ROBERT A. NAPOLI Business Co- founded Allied Appraisal Company in 1970, an Experience: independent appraisal and consulting service specializing in residential, commercial and industrial properties. • Chicago Park District, 1960 - 1970 Administrative Aide to the Board of Commissioners Professional SRPA - Senior Real Property Appraiser - 1990 Designations: Society of Real Estate Appraisers SRA - Senior Residential Appraiser - 1975 Society of Real Estate Appraisers RM - Residential Member, #928 - 1976 American Institute of Real Estate Appraisers State Certified: Illinois State Certified General Real Estate Appraiser License #553.000040 Indiana State Certified General Real Estate Appraiser License #CG49400184 Michigan Certified General Appraiser License License #1201072878 Professional Appraisal Institute Membership: Chicago Chapter - Appraisal Institute Appraisal Institute Activities • Governing Councilor, American Institute, 1982 -'1983 to Chapter President, Chicago Chapter, 1992 • Past Chair, Education Committee, 1979 - 1982 • Member, Residential Appraiser Board, 1994 - 1996 • Vice Chair, Faculty Committee, 1996 - 1997 • Vice Chair, Residential Comprehensive Exam Committee, 1996 • Approved Instructor 1976 to 2007 for Appraisal Institute/ Society of Real Estate Appraisers ALLIED APPRAISAL COMPANY 7700 BRUSH HILL ROAD BURR RIDGE, ILLINOIS 60527 Iliedchicago @gmail.com [630) 230 -0001 (530) 230 -0002 Fax [3121 368 -8619 Chicano Qualifications of Robert A. Napoli Approved Instructor: Client List: Appraisal Institute Course 110 120 210 410/420/430 500 600 (Continued) Page Two Description Appraisal Principles Appraisal Procedures Residential Case Study Standards of Professional Practice Parts A, B, C Advanced Residential Form Narrative Report Writing Income Valuation of Small Mixed Use Properties Taught Appraisal Institute Courses At: University of Colorado Indiana University Ohio State University University of Wisconsin University of North Carolina Financial Institutions De Paul University University of Chicago Arizona State University Tufts University US Naval Base, Naples, Italy Amalgamated Bank, American National Bank, Archdiocese of Chicago, Archer Federal Savings and Loan, Associates Relocation, Bell Federal Savings and Loan, Champion Federal Savings and Loan Associations, Citibank Banks, Citicorp Mortgage, Chase Manhattan Bank, Coldwell Banker Relocation, Continental Illinois National Bank and Trust Company of Chicago, Cosmopolitan National Bank, De Paul University, First Security Bank, Gainer Bank, Heritage Bank of Blue Island, Heritage Pullman Bank, Household Bank, Land of Lincoln, Mid American Federal Savings and Loan, Mundelein College, NBD Mortgage Company, Norwest Mortgage, Old Stone Credit, PHH Homequity Relocation Services, Prudential, Railroadmen's, St. Paul Federal Bank for S avings, Standard Federal Bank, Steel City Bank and Thomridge State Bank. ALLIED APPRAISAL COMPANY 7700 BRUSH HILL ROAD BURR RIDGE, ILLINOIS 60527 alliedchicago @gmail.com {630) 230-0001 (.630) 230 -0002 Pax (312) 368 -8619 Chicaao Qualifications of Robert A. Napoli (Continued) Page Three Corporations Amoco, Borden Incorporated, Chicago Title and Trust Company, John Hancock, Mutual Life Insurance Company, Proctor and Gamble, Ralston Purina, Standard Oil Company and Chicago Tribune Company Governmental Agencies City of Hillside, Cook County, all State of Illinois, Chicago Park District, Circuit Court of Cook County, City of Chicago Department of Housing, Chicago Depaitment of Law, Office of Public Administration of Cook County, Office of the Public Guardian of Cook County, Pleasantdale Park District, Public Building Commission, South Suburban Community College and Water Reclamation Board. Other Clients Attorneys, Home Transfer Companies, Individuals, Real Estate Brokers and Real Estate Investors. Court Qualified and testified as expert witness in courts of Cook and Experience: Du Page Counties, both situated in the State of Illinois, the United States District Court and various local zoning boards. Appraisal Education: American Institute of Real Estate Appraisers Course Description Basic Appraisal Principles, Methods and Tec_aniques II Urban Properties 2 -3 Standards of Professional Practice SPP A and B Standards of Professional Practice 310 Basic Income Capitalization 410 Standards of Professional Practice 420 Standards of Professional Practice - Part B 430 Standards of Professional Practice - Part C 500 --Residential-Case-Study 600 Income Valuation of Small Mixed Use Properties 710 Condemnation Appraising ALLIED APPRAISAL COMPANY 7700 BRUSH HILL ROAD BURR RIDGE, ILLINOIS 60527 alliedchicago @gmail.com (630) 230 -0001 [630) 230 -0002 Fax M12)368-8619 Chicacio Qualifications of Robert A. Napoli (Continued) Page Four Society of Real Estate Appraisers Course Description R -2 Examination 101 Introduction of Appraising Real Property 102 Applied Residential Valuation. Narrative Report Writing Seminar Professional Practice Seminar 201 Principals of Income Property Appraising 202 Applied Income Property Valuation 301 Market and Feasibility Analysis Continuing The Appraisal Institute conducts a voluntary program of Education: continuing education for its designated members. Those designated members who meet the minimum standards of this program are awarded periodic educational certification. As of this date, Robert A. Napoli has completed the requirements of the continuing education of the Appraisal Institute. Education: Loyola University of Chicago Bachelor of Science Degree - 1963 Awards: • Initial Member of the Instructors Hall of Fame/ Chicago Chapter of the Appraisal Institute. • Heritage Award For Continuous Dedicated Service/ Chicago Chapter of the Appraisal Institute • Mendel High School Hall of Fame • Man of the Year - 2009 - Friends of Tolentine Community • Village of Willowbrook: Service: Village Trustee, September 1997 to July 2008 Village President, July 2008 to present • Member Willowbrook/Burr Ridge Kiwanis Club of America • Du Page Mayors and Managers Conference • Southwest Central Dispatch ALLIED APPRAISAL COMPANY 7700 BRUSH HILL ROAD BURR RIDGE, ILLINOIS 60527 alliedchicago@gmail.com [630) 230 -0001 [630) 230 -0002 Fax (3121368-8619 Chicaoo CHARLES A. SOUTHCOMB AND ASSOCIATES REAL ESTATE APPRAISERS 15 W. JEFFERSON STREET - SUITE 200 - JOLIET, IL 60432 Telephone (815)723 -3900 FAX (815)723 -3933 email: csouthcomblib,sbckloIal.net June 29, 2010 Frank Novotny & Associates, Inc. James Cainkar, P.E., P.L.S. 825 Midway Drive Willowbrook, Illinois 60427 RE: Review Appraisal Services McCarthy Road, Lemont, IL Dear Mr. Cainkar, Pursuant to your request, I can complete a review appraisal on the subject property. The review will be prepared to be in compliance with the Illinois Department of Transportation Policy and Procedures Manual and with the Uniform Standards of Professional Practice. My fee for completion of this assignment is $500. If this is acceptable please sign a copy of this letter and return it to my office. If you have any questions or require further information please contact me. Respectfully Submitted, CHARLES A. SOUTHCOMB AND ASSOCIATES 401404 Charles A. Southcomb, GAA Certified General Real Estate Appraiser Certificate number 553.000147 Signed by: Title: pr_c_5( al)