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R-1116 - 07/26/2011 - AGREEMENT - Resolutions ExhibitsPROFESSIONAL ENGINEERING AGREEMENT VILLAGE OF OAK BROOK 2012 WATER MAIN REPLACEMENT PROJECT THIS AGREEMENT, made and entered into this day of 2011, by and between James J. Benes and Associates, Inc., (hereinafter referred to as "ENGINEER ") and the Village of Oak Brook, a municipal corporation (hereinafter referred to as "VILLAGE ") covers certain professional design and engineering services in connection with the 2012 Water Main Replacement Project (hereinafter referred to as "PROJECT "). The VILLAGE wishes to retain ENGINEER for these certain professional design and engineering services and ENGINEER is willing to perform such services for the compensation and in accordance with the terms and conditions described in this Agreement. NOW, THEREFORE, in consideration of the mutual benefits, covenants and agreements contained within this Agreement, the parties agree as follows: SCOPE OF SERVICES ENGINEER agrees to perform design and engineering consulting services as defined in the Scope of Services attached as Appendix I and made a part of this Agreement. 2. COMPENSATION AND PAYMENT VILLAGE shall pay ENGINEER for all services stipulated within this Agreement according to the Compensation Schedule attached as Appendix 11 and made a part of this Agreement. VILLAGE shall make payment to ENGINEER upon receipt of ENGINEER'S monthly invoice. The invoice shall consist of a summary of direct labor hours by ENGINEER'S standard job classification times the respective factors as depicted in Appendix II plus listing hourly rate. The invoice will state the phase of work for which it applies, if a multi- phase scope is used (e.g., design, construction, etc.). If VILLAGE identifies an item in the invoice that appears to be in error, VILLAGE may withhold the amount in question, pay the balance of the invoiced amount, and provide ENGINEER with a statement concerning the questioned item. Alternatively, VILLAGE may pay the invoiced amount in full, provide ENGINEER with a statement of the questioned item, and an adjustment, if appropriate, will be made in the next subsequent invoice submitted by ENGINEER. ENGINEER will mark "Invoice number _ and final" on the invoice which closes out this contract or a phase of the contract. If VILLAGE fails to make any payment due ENGINEER for services and expenses, including amounts wrongly withheld, within forty -five (45) days after submittal of ENGINEER'S billing thereof, the amounts due ENGINEER shall include a charge at the rate of one percent (1.0 %) per month from such forty -fifth (45th) day; and, in addition, the ENGINEER may, after giving seven (7) days written notice to VILLAGE, suspend Page 1 3. 4. 5. services under this Agreement until it has been paid in full the amounts due it for services and expenses. During the period of any such suspension, the parties shall have the same rights and obligations as are provided by Subsection 5(e) of this Agreement ( "Suspension of Services "). TIME SCHEDULE The services required by this Agreement shall be completed in accordance with the Time Schedule attached as Appendix III and made a part of this Agreement. TERM OF AGREEMENT Unless extended by amendment, this Agreement shall terminate at the time of receipt of final payment by the ENGINEER, provided that all warranties and representations shall survive said final payment. GENERAL TERMS AND CONDITIONS a. Modification The nature and the scope of services specified in this Agreement may only be modified by written amendment to this Agreement, including deviation of Section 3, approved by both parties. b. Relationship between ENGINEER and VILLAGE ENGINEER shall serve as VILLAGE'S professional design and engineering consultant in those phases of the PROJECT to which this Agreement applies. The relationship is that of a buyer and seller of professional services, and it is understood that the parties have not entered into any joint venture or partnership with the other. C. Responsibility of the ENGINEER All plans and other documents furnished by the ENGINEER pursuant to this Agreement shall be endorsed by him and shall show his professional seal where such is required by law. 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 VILLAGE and any other party concerning the PROJECT, ENGINEER shall not have control or be in charge of and shall not be responsible for the means, methods, techniques, sequences or procedures of construction, or the safety, safety precautions or programs of VILLAGE, the construction contractor, other contractors or subcontractors performing any of the work or providing any of the services on the PROJECT, except for Engineer's subcontractors, nor shall ENGINEER be responsible for the acts or omissions of VILLAGE provided that the ENGINEER has properly executed his duties. ENGINEER shall not be responsible for the failure of VILLAGE, any other ENGINEER, consultant, contractor or subcontractor, except for Engineer's subcontractors, to carry out their respective responsibilities in accordance with Page 2 e. the PROJECT documents, 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 Subsection 5(c) is expressly amended for the purposes described in such amendment and is signed by ENGINEER. Corrections In the event plans are found to be in error and revisions of the plans are necessary, the ENGINEER agrees that it shall perform such plan revision work without expense to the VILLAGE, even though it has received final payment. It shall give immediate attention to these changes so there will be a minimum delay to the contractor. Suspension of Services VILLAGE may, at any time, by written order to 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 occurrence of costs allocable to the services covered by the order. VILLAGE, however, shall pay all costs associated with suspension, including all costs necessary to maintain continuity and the staff required to resume the services upon expiration of the suspension of services order. In the event the period of any suspension exceeds thirty (30) days, VILLAGE shall reimburse ENGINEER for the costs as itemized, if any, of such suspension and re- mobilization. ENGINEER will not be obligated to provide the same personnel em ployed prior to suspension w hen the services are resum ed, Termination 1) Either party to this Agreement shall have the right to terminate this Agreement with cause upon serving thirty (30) days written notice upon the other party. 2) Upon such termination, the liabilities of the parties to this Agreement shall cease, but they shall not be relieved of the duty to perform their obligations up to the date of termination. All warranties and the provisions of Section 5, Paragraph I ('Indemnification ") shall be in full force and effect after termination. 3) Upon such termination, ENGINEER shall cause to be delivered to the VILLAGE all drawings, specifications, partial and completed estimates, and any and all other data concerning the PROJECT that ENGINEER is then accomplishing for the VILLAGE. ENGINEER shall be paid for any services completed and any services partially completed in accordance with Sections 2 and 3. Page 3 g. Warranties In addition to the covenants herein m ade, the ENGINEER warrants: 1) That it shall render planning and design services in accordance with generally accepted and currently recognized design and engineering practices and principles. h. Representations In addition to the covenants herein made, the ENGINEER represents and agrees: 1) That all plans and special provisions to be furnished by the ENGINEER pursuant to this Agreement shall be in accordance with the current standard specifications and policies of the VILLAGE, it being understood that all such plans and drafts shall, before being finally accepted, be subject to approval by the VILLAGE. 2) That it has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach or violation of this warranty, the VILLAGE shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 3) That it is qualified technically and is conversant with the policies applicable to the PROJECT; and that it has and will furnish sufficient, properly trained and experienced personnel to perform the services enumerated herein. 4) That it will not employ, for the duration of this Agreement, any person presently employed by the VILLAGE without the written consent of the VILLAGE. Documents Property of VILLAGE Drawings, specifications, reports, and any other documents prepared by ENGINEER in connection with any or all of the services furnished hereunder shall be the property of VILLAGE. ENGINEER shall have the right to retain copies of all documents and drawings for its files. All construction drawings shall be prepared on 24" x 36" mylar sheets (maximum size), and CAD file, or any other format acceptable to the Village. If construction services are a part of the ENGINEER'S work, it will receive and assemble as- builts (prepared by the Contractor to show "As- Built" conditions) Page 4 and will deliver them to the VILLAGE within thirty (30) days after completion of construction and before final payment to the ENGINEER. ENGINEER will stamp these drawings "Record Drawings ". If construction services are not part of the ENGINEER'S work, it will deliver the original drawings to the VILLAGE upon request and before final payment to the ENGINEER. Access to Records The ENGINEER shall maintain all books, documents, papers, accounting records and other evidence pertaining to its costs incurred by reason of this Agreement and agrees to make such material available, at its office at the address indicated in Section 5, Paragraph u of this Agreement, at all reasonable times during the life of this Agreement and for a period of three (3) years from the date of final payment of the obligations of this Agreement by the VILLAGE or such longer time as requested by the VILLAGE, for inspection by personnel of the VILLAGE, or any authorized representative of the VILLAGE, and copies thereof shall be furnished if requested. The cost of any copies shall be paid by the VILLAGE. k. Reuse of Documents All documents, including drawings and specifications furnished by ENGINEER pursuant to this Agreement, are intended for use on the PROJECT only. They should not be used or modified by VILLAGE or others on extensions of the PROJECT or any other project without specific written verification or adaptation by ENGINEER. Any reuse or modification without written verification or adaptation by ENGINEER shall be at VILLAGE's sole risk, and VILLAGE shall indemnify and hold harmless ENGINEER from all claims, damages, loses, and expenses, including reasonable attorneys' fees, arising out of or resulting from such unauthorized reuse or modification. Indemnification ENGINEER agrees to indemnify and hold the VILLAGE and any of its officers, employees, or agents harmless from and against any damage, liability or costs (including reasonable attorney's fees and costs of defense), caused by the Architect's negligence, errors or omissions in the performance of this Agreement, unless such loss, damage, injury, or loss or damage to property results from or arises out of the negligent acts or omissions by the VILLAGE or its officers, employees or agents. VILLAGE agrees to indemnify and hold the ENGINEER harmless from and against any damage, liability or costs (including reasonable attorney's fees and costs of defense), caused by the Village's negligence, errors or omissions in the performance of this Agreement, unless such loss, damage, injury, or loss or damage to property results from or arises out of the negligent acts or omissions by the ENGINEER or its officers, employees or agents. In the event of joint or concurrent negligence of ENGINEER and VILLAGE, each shall bear that portion of the loss or expense that its share of the joint or Page 5 M. a 61 concurrent negligence bears to the total negligence (including that of third parties) which caused the personal injury or property damage. Entire Agreement This Agreement sets forth all the covenants, conditions and promises between the parties. There are no covenants, promises, agreements, conditions or understandings between the parties, either oral or written, other than those contained in this Agreement. Governing Law This Agreement shall be governed by the laws of the State of Illinois both as to interpretation and performance. Successors and 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 neither party shall assign this Agreement in whole or in part without the prior written approval of the other. Waiver of Contract Breach The waiver by one party of any breach of this 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 to waive any future breaches of this Agreement, and shall not be construed to be a waiver of any provision, except for the particular instance. Severability of Invalid Provisions If any provisions of this Agreement shall be held to contravene or be invalid under the laws of any particular State, County or jurisdiction where applicable, such contravention shall not invalidate the entire Agreement, but it shall be construed as if not containing the particular provision or provisions held to be invalid in the particular State, County or jurisdiction, and the rights or obligations of the parties hereto shall be construed and enforced accordingly. Force Majeure Neither VILLAGE 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, or natural calamities. Access and Permits VILLAGE shall arrange for ENGINEER to enter upon Village private property and shall obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the PROJECT. Page 6 Designation of Authorized Representatives Each party shall designate one or more persons to act with authority in its behalf in respect to appropriate aspects of the PROJECT. The persons designated in section 5, paragraph u ( "Address for Notices'), shall review and respond promptly to all communications received from the other party. Address for Notices Whenever it is provided in this Agreement that notice shall be given or other communication sent to ENGINEER, such notices or communications shall be delivered or sent to: JAMES J. BENES AND ASSOCIATES, INC 950 Warrenville Road Lisle, IL 60532 Attn: Thomas Adomshick, P.E. Whenever it is provided in this Agreement that notice shall be given or other communication sent to the VILLAGE, such notices or communications shall be delivered or sent to: VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523 Attn: Village Engineer Notices personally delivered or sent via U.S. Mail, postage prepaid, shall be deemed, for all purposes, proper notice. V. Insurance ENGINEER agrees to obtain and maintain, for the term of this Agreement, and for a period of twelve (12) months after the services contracted for hereunder have been completed, insurance hereinafter provided, furnishing a certificate or certificates of insurance to the VILLAGE prior to commencing work under this Agreement. The certificate or certificates of insurance shall be in a form satisfactory to the VILLAGE from companies authorized to do business in Illinois and shall provide that the policies referred to shall not be canceled or changed without first giving thirty (30) days written notice thereof to the VILLAGE. In no case shall the VILLAGE permit a lapse in required coverage, as noted in App. IV. Said insurance requirements are attached as Appendix IV and made a part of this Agreement. The VILLAGE shall be named as an additional insured. W. Additional Services ENGINEER shall supply such additional services as requested in writing by VILLAGE and agreed to by ENGINEER in connection with the PROJECT. ENGINEER shall submit separate proposals for furnishing these additional Page 7 services. Compensation for such additional services shall be negotiated by the parties and included in thi s Agreement by a written amendment. IN WITNESS WHEREOF, the parties set their hands and seals on the date first written above. VILLAGE OF OAK BROOK A Municipal Corporation Village President ATTEST: Village Clerk James J. Benes and Associates, Inc. ATTEST: Vice President Page 8 Secretary APPENDIX 1 Scope of Services 2012 Water Main Replacement SECTION I: SCOPE OF WATER MAIN DESIGN IMPROVEMENT The 2012 Water Main Replacement project for the Village of Oak Brook consists of replacing existing 6" and 8" water mains on the York Woods subdivision streets listed below, a distance of approximately 8,520 feet. The existing water main within these project limits will be replaced in kind with 6" or 8" C -900 water main plus a conduit with tracer wire. The installation of the new water main is expected to be located under the existing street pavement and to be installed using open cut trench methods. Gate valves and vaults and fire hydrants will be installed on the new water main as required. Existing water services will be replaced up to and including the buffalo boxes. Far side domestic services are intended to be bored where practical. Pavements, driveways, and grassed parkway impacted by the water main construction will be restored. The improvement is planned to be constructed in 2012. The design of the improvements will conform to Village of Oak Brook (the VILLAGE) water main standards, ISPE Standard Specifications for Water and Sewer Main Construction in Illinois, and Illinois Department of Transportation standards and specifications. Approx. 6650 ft. of 6" pipe Chatham Lane: approx 2200 ft. from Windsor Drive to Windsor Drive Croydon Lane: approx 2210 ft. from Windsor Drive to Windsor Drive Sheffield Lane: approx 2240 ft. from south intersection at Windsor Drive to north intersection at Brighton Lane Approx. 1870 ft. of 8" pipe Windsor Drive: approx 1870 ft. from Dover Drive to north end cul -de -sac Based on a preliminary review of the FIRM Map and National Wetlands Inventory mapping, the project limits do not encroach upon or with buffer areas for any special management areas. Therefore wetland delineations and preparation of a tabular stormwater submittal are not included in the scope of services. The ENGINEER will provide assistance with the bidding of the project in the winter of 2012 as part of this contract. The VILLAGE may or may not request the ENGINEER's assistance with construction engineering services; if requested, a separate contract will be entered into for those services. SECTION II: SCOPE OF DESIGN SERVICES A. Field Survey and Inventory: A field survey will be performed within the entire right -of -way as needed to establish existing conditions in the area of the water main construction. Field survey will be performed by Glen D. Krisch Land Surveyor, Inc. See attached proposal for details of scope of survey work. Baselines and benchmarks will be established for plan preparation and construction layout. Items of planimetry (i.e. trees, fences, utilities, etc.) within the area of work will be located. The VILLAGE will provide available existing plans of previous water main and road improvements on the subject streets. Existing utility atlases will be requested from private utility companies with facilities in the project area. Page 1 of 3 APPENDIX I Scope of Services 2012 Water Main Replacement The VILLAGE benchmark system will be used for this project. Bench marks used will be stated on the plans. A benchmark check of all existing VILLAGE benchmarks within the project area will be performed. Any discrepancies will be discussed with the Village to ascertain the correct elevations that will become benchmarks. The existing VILLAGE benchmarks will also be tied into a DuPage County benchmark if one exists within a half mile of the site. A copy of the completed survey data will be provided to the Village in AutoCAD format for use by others in preparing plans for the 2013 roadway improvements. B. Geotechnical Investigations: Coordinate and perform soil borings to explore soil conditions within the area of the proposed water main construction. A total of twelve (12) soil borings extending to a depth of 10 feet will be performed. Geotechnical Investigations will also include a preliminary screening of environmental databases to identify potential for contaminated soils in relation to CCDD requirements. (Testing of soils for presence of contaminants is not included in the scope of services. Soil testing, if required, will be performed as a part of a separate contract.) This soil boring work and screening of environmental databases will be subcontracted to Testing Service Corporation. C. Preliminary Construction Documents: Preliminary construction documents will be prepared that show the planned horizontal alignment, vertical alignment at critical locations and design elements of the proposed water main. The documents will include a title sheet, general notes/summary of quantities, plan and profile drawings, a storm water pollution prevention plan, and construction details. D. Soecifications and Cost Estimate: The construction contract documents will be prepared using the current VILLAGE standards and policies, ISPE Standard Specifications for Water and Sewer Main Construction in Illinois, and IDOT Standard Specifications for Road and Bridge Construction. Special provisions will be written for items not covered in the standard specifications. A preliminary engineer's estimate of cost will be prepared. E. Storm Water Management Tabular Submittal: Not included. It is assumed that a storm water submittal is not required for this project. A storm water pollution prevention plan will be provided and the plan and profile sheets will include and erosion and sediment control measures. F. Preliminary Construction Document Review: Preliminary construction documents and papers will be submitted to the VILLAGE. The ENGINEER will attend a coordination meeting to discuss the VILLAGE's review comments. G. Final Construction Documents and Papers: Construction documents and papers will be completed in response to VILLAGE comments. Final design quantities for all construction items will be computed and tabulated. The final plans, specifications and contract bidding documents will be prepared. The final engineer's estimate of construction costs will be prepared. The final plans will be submitted to the applicable utility companies. H. Permit Applications: Water main construction permit application documents will be prepared and submitted with copies of the plans and specifications to the Illinois Environmental Protection Agency for review and approval. Page 2 of 3 APPENDIX I Scope of Services 2012 Water Main Replacement Preparation of an IEPA Notice of Intent (NOI) form is not included in the scope of services. Submission of a NOI is done after award of the contract and would be a part of construction engineering services under a separate contract. I. Bidding: The ENGINEER will respond to questions from prospective bidders about the intent of the contract documents prior to the bid opening. The ENGINEER will attend the bid opening, evaluate the bids, check references, and make recommendations for the award of the construction contracts. Page 3 of 3 APPENDIX II Compensation Schedule 2012 Water Main Replacement This is a cost plus with a not -to- exceed amount type of Agreement. Compensation will be based on an hourly rate basis with a "Not -To- Exceed" amount of $89,468. This amount shall not be exceeded unless there is a change in the scope, complexity, or character of the work and both parties shall agree in writing. Under these circumstances, adjustments in total compensation to the ENGINEER shall be determined through negotiation between the parties of the Agreement. The estimate of man -hours and costs for each task is provided on the following page. Reimbursement will be at the actual rate for the individuals working on the project. The current IDOT approved rate for Overhead and Payroll Burden is 140.00 percent (see attached letter) and will be used throughout the life of the Agreement. Direct cost items and other out -of- pocket expenses are estimated and listed on a following page. Reimbursement will be at the actual cost. Documentation for such direct expenses will be submitted with the ENGINEER's invoices. Page 1 of 4 APPENDIX II Compensation Schedule 2012 Water Main Replacement 2012 WaterMain Replacement VILLAGE OF OAX BROOK DATE: June 30,2011 ESTIMATE OF MANHOURS AND COSTS DESIGN PHASE 120111 ENVIRMTL PRINCIPAL ASSOCIATE SPECIALIST ENGR. CATEGORY OF SERVICE A. FIa1E Survey and lnvenlory 1 0 2 2 B. Gaatadimrel mvesheatona 1 0 0 2 C. Preliminary Construdon Plans 16 8 6 149 D. SPetlfimtions and Cost Estimate 4 0 2 48 E. Stomnvater Mgmt Tabular8ubmital 0 0 0 0 K Preliminary Court Document Review 4 0 0 8 G. Final Construction Doca and Papers 2 0 0 24 H. Permit Applicalions 2 0 0 16 I. Bidding 2 0 0 12 JAMES J. BENES AND ASSOCIATES, INC. 950 Wamenville Road, Suite 101 Lisle, elinois 613532 (530)719-0570 FAX (630) 7194589 TECH. TOTAL DIRECT HOURS PAYROLL 8 13 $398 D 3 $125 36D 539 $15,133 40 94 $2,857 0 0 $0 0 12 $498 58 82 $2262 8 26 $838 D 14 $511 TOTAL PAYROLL COST' $1,097 $344 $41,766 $7,885 $0 $1,374 $8,243 $2,307 $1,410 DIRECT TOTAL CO COST $19,500 $20,597 $5,750 $8,094 $240 $42,006 $1,885 w $1,374 $230 $6,473 $120 $2,427 $1,200 $2,810 TOTAL 32 8 10 261 472 783 $22,819 362,428 52$040 $89,468 DESIGN (2011) S1,888 $342 $395 $8,548 $11' 4 $22 619 PAYROLL PLUS OVERHEAD RATE OF 140.00% OF DI RECT PAYROLL AND FEE OF 15% OF DIRECT COST "NOT -TO- EXCEED' $89,469 PAYROLL AND OVERHEAD Page 2 of 4 APPENDIX II Compensation Schedule 2012 Water Main Replacement Vol Illinois Department of Transportation 2300 South Dimsen Parkway 13pangfield, ql pels 162764 March 30, 2011 SUbjecl: PRELIMINARY ENGINEERING Consultant Unit Prequalification File Mr. Gary L. Cottingham Bones, James J. S Assoc., Inc. 950 Warrenville Rd. Suite 101 Lisle, IL 60532 - Dear Mr. Cohingham: We have completed our review of the corporate and financial information portion ci` your "Statement of Experience and Financial Condition" (SEFC) which you submitted for the fiscal yearanding December 31, 2010. Your fiirm's total annual transportatlon fee capacity will be $4,8pW,000, Your firm's payroll burden and fringe expense rate and general and administrative expengb rate totaling 140% are approved on a provis onal basis. The actual rate used in agreelnent negotiations may be doleined Ey our Bureau of Budget and Fiscel Management In a pre-award audit. Your fine is required :o report to this office any additions or deletions of your licensed professional sta=r or any other key parsollnet that would affect your firm's pr2qualificatien in a pal'ticular category_ Tgis report must be suhmitted within 15 calendar days of the change. Your firm is prequaiified until December 31, 2011. You will b0 given an additional six months from this date to submit the Corporafe and Financial Information portion of tha "Statement of Experience and Financial Condition" (SEFC) to remain prequalifleo. Very truly yours. Janet L. Pisonl, P E. Acting Section Chief Preliminary Engineering APPENDIX II Compensation Schedule 2012 Water Main Replacement DIRECT COST DETAIL Design Phase (2011) Printing of preliminary plans for Village and [EPA $240.00 Printing of final plans for Utility Companies Printing of final permit plans for [EPA $230.00 $120.00 Printing of bidding plan sets and final plan sets for Village $1,200.00 Subsurface soils investigation (soil borings subconsultant - TSC) $5,750.00 Survey (surveying subconsultant — Glen D. Krisch Land Surveyor, Inc.) $19,500.00 Page 4 of 4 APPENDIX III Time Schedule 2012 Water Main Replacement Contract Approval July 2011 Design Services A. Field Survey and Inventory August 2011 B. Soil Borings August 2011 C. Preliminary Construction Documents Sept. — Oct. 2011 D. Specifications and Cost Estimate Phases Oct. 2011 E. Preliminary Review by Village and IEPA Permit Review Nov. 2011 F. Final Construction Documents and Papers Dec. 2011 —Jan. 2012 G. Final Permit Submittals Jan. 2012 H. Bidding Feb. 2012 Page 1 of 1 APPENDIX IV Insurance ENGINEER shall maintain for the term of this Agreement, and for a period of twelve months after the services contracted for hereunder have been com pleted, insurance policies covering: 1. Workers Compensation and Employers Liability Insurance: Statutory limits = $500,000 per accident. 2. Comprehensive General Liability Insurance: $1,000,000 per occurrence combined single limit. 3. Comprehensive Automobile Liability Insurance: $1,000,000 combined single limit, any auto. 4. Professional Liability Insurance (errors and omissions): $1,000,000 per claim and in aggregate. 5. Umbrella or excess liability: $1,000,000 per occurrence. If ENGINEER carries Comprehensive General Liability Insurance in an amount of $2,000,000 or greater, this requirement may be waived. 6. ENGINEER will provide the Village with a certificate of insurance showing the Village added to the General Liabi lity Insurance as an additional insured. 7. Coverage shall not be suspended, voided, canceled, or reduced during the term of this agreement. If a standard Certificate of Insurance form is used with a cancellation clause, the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liabi lity of any kind upon the company, its agents or representatives" will be stricken or crossed out. Page 12 June 24, 2011 Mr. Thomas Adomshick, P.E. James J. Benes and Associates, Inc. 950 Warrenville Road Suite 101 Corporetum Office Campus Lisle, Illinois 60532 RE: P.N. 47,265 Geotechnical Exploration Village of Oak Brook 2012 Water Main Replacement Oak Brook, Illinois Dear Mr. Adomshick: TESTING SERVICE CORPORATION Corporate Office: 360 S. Main Place, Carol Stream, IL 60188 -2404 630A62.2600 • Fax 630.653.2988 Testing Service Corporation (TSC) is pleased to submit this proposal to provide Geotechnical Engineering Services for the above captioned project. It responds to your email dated June 23, 2011. The objectives of the Geotechnical Study are to explore soil conditions and provide recommendations for design and construction in connection with the proposed water main replacement. Project Description: Our understanding of the project include the following streets: • Chatham Lane: from Windsor Drive to Windsor Drive • Croydon Lane: from Windsor Drive to Windsor Drive • Sheffield Lane: from its south intersection with Windsor to its north intersection with Brighton Lane. • Windsor Drive: from Dover Drive to the north end (cul -de -sac) If the location or type of the proposed structure(s) are changed, TSC should be promptly contacted to determine the relevance of our proposed boring program to the new project configuration. Boring Program: As directed in your email we are proposing to drill twelve (12) soil borings extended to a depth of 10 feet as part of our Geotechnical Exploration. Total drilling footage on this basis is estimated to be about 120 lineal feet. For the purposes of this proposal we have assumed that the boring locations will be accessible to conventional drilling equipment. No provisions have been made for tree /brush clearing or other obstruction removal should borehole access be impeded. No borings are planned inside of existing structures. TSC will utilize personnel trained in layout procedures to stake the borings in the Feld. Ground surface elevations for each borehole will be determined by level survey methods (benchmark to be Providing a Fait Range ofGeotechnical Engineering, Environmental Services, and Construction Materials Engineering & Testing James J. Benes and Associates, Inc. P.N. 47,265 - June 24, 2011 provided). Utility clearance for the borings will be obtained by contacting JULIE (Joint Utility Locating Information for Excavators); secondary and private underground utility lines will have to be marked by the property owner or their agents. Soil samples will be obtained by split -spoon or thin - walled tube methods. Sampling will be performed at 2Yrfoot intervals for the first 15 feet and not exceed 5 -foot intervals below this level. Representative portions of samples will be sealed, packaged and transported to our laboratory. Groundwater observations will also be made during and following completion of drilling operations. In accordance with the International Building Code (IBC), the Site Class for seismic design is based on average soil properties in the top 100 feet. Where IBC 2006 has been enacted, Site Class D shall be used unless site specific soils information is available. To determine whether Site Class C is a possibility, it would be necessary to extend one (1) of the borings to 100 feet in depth (or rock if encountered shallower). Contact the undersigned for additional details and /or the associated cost. Laboratory Testing: Samples obtained from the borings will be examined by experienced laboratory personnel in order to verify field descriptions as well as to visually classify in accordance with the Unified Soil Classification System. Laboratory testing will include moisture content and dry unit weight determinations as well as measurements of unconfined compressive strength by direct or indirect methods, as appropriate. Other tests deemed to be necessary by TSC's Project Engineer may also be recommended for your approval. Engineering Report: Upon completion of sampling and testing, you will receive an engineering report summarizing field and laboratory test data, including a boring location plan and computer generated boring logs. The report will address anticipated soil and groundwater conditions impacting site development, based upon the information obtained from the borings. It will also provide recommendations to guide design and specification preparation pertaining to geotechnical issues relevant to the structure or purpose described in this proposal. These may include the following: • General earthwork and construction considerations. • Remedial work and /or treatment of unstable or unsuitable soil. • Soil bearing support of the pipe and backfill • Methods of excavation. • Anticipation of and management of groundwater. • Material and compaction requirements for trench backfill. As requested TSC will perform a preliminary screening of environmental databases to identify potential for contaminated soils in relation to CCDD requirements. -2- James J. Benes and Associates, Inc. P.N. 47,265 - June 24, 2011 Fees and Scope: In accordance with the Cost Estimate attached, TSO is proposing a not -to- exceed budget amount of Five Thousand Seven Hundred Fifty Dollars ($5,750.00) to provide the Geotechnical Exploration outlined above. Our proposal is based on the understanding that: the boring locations are accessible to a conventional truck or All- Terrain Vehicle (ATV) mounted drill; none of the borings will be located in standing water; and that the work can be performed during standard business hours. Our fee is further subject to this proposal being accepted by you on or before October 31, 2011. Should the study reveal unexpected subsurface conditions requiring a change in scope, you will be contacted before we proceed with further work. Our invoice would then based on the unit rates given in the attached Cost Estimate or as otherwise agreed upon. Please note that our quoted fee does not include plan review as well as excavation, fill, earthwork, footing or foundation observations during construction phases of the project. The project budget should include provision for these services. Consultation, preconstruction meetings or other professional services subsequent to delivery of TSC's report are additional services that will be covered by separate invoice. Closure: The geotechnical services being performed are subject to TSC's attached General Conditions. Unless stated otherwise, TSC fees include all state and federal taxes and permits that may be required. However, they do not include any license, permit or bond fees that local governments may impose. The local fees, if any, will be added to the invoice. Unless we receive written instructions to the contrary, invoices will be sent to: Mr. Thomas Adomshick, P.E. James J. Benes and Associates, Inc. 950 Warrenville Road Suite 101 Corporetum Office Campus Lisle, Illinois 60532 Tel: (630) 719 -7570 Fax: (630) 719 -7589 email: tdomshick@jbenes.com If this proposal meets with your approval, please indicate your acceptance by signing one copy and returning it to our Carol Stream, Illinois office. When also completing the attached Project Data form, kindly indicate who is to receive copies of TSC's report and other related information. -3- James J. Benes and Associates, Inc. P.N. 47,265 - June 24, 2011 Your consideration of our proposal is appreciated. We look forward to being of service to you on this project. Respectfully submitted, TESTING SERVICE CORPORATION Prepared Qby, Z-- Vichael V. Machalinski, P.E. Michael D. Billings Vice President Director of Business Development MVM:MDB:kw Enc: Cost Estimate General Conditions Project Data Sheet Approved and accepted for by: (TITLE) -4- James J. Benes and Associates, Inc. P.N. 47,265 - June 24, 2011 COST ESTIMATE Village of Oak Brook 2012 Water Main Replacement Oak Brook, Illinois ITEM UNITS CITY RATE COST STAKING AND UTILITY CLEARANCE 1.1 1 Layout Crew Chief Hour 4.0 90.00 $ 360.00 DRILLING AND SAMPLING MOBILIZATION AND DEMOBILIZATION OF DRILL RIG AND CREW 2.1 Drill Mounted on Truck Each 1 450,00 $ 450.00 ADVANCE BOREHOLES BY SOLID OR HOLLOWSTEM AUGER METHODS 2.2 0 - 25 Foot Depth Foot 120.0 14,00 $ 1,680.00 SOIL SAMPLING 2.3 Split -Spoon Procedure /0 - 50' Each 48 20.00 $ 960.00 DRILL CREW PREVAILING WAGE SURCHARGE 3.1 2 Person Drill Crew, Regular Time (Up to 8.0 Hours per Day) Hour 8.0 25.00 $ 200.00 3.2 2 Person Drill Crew, Overtime (Over 8.0 Hours or Saturday) Hour 2.0 35.00 $ 70.00 LABORATORY TESTING 4.1 Examine Samples to Describe by Textural System and Classify Using the Unified Soil Classification System Each 48 4.00 $ 192.00 4.2 Water Content Determination (Includes Pocket Penetrometer Reading on Cohesive Samples) Each 44 8.50 $ 286.00 4.3 Unconfined Compressive or Torvane Shear Strength of Cohesive Soils Each 16 13.00 $ 208.00 4.4 Dry Unit Weight Determination Each 6 6.50 $ 39.00 ENGINEERING SERVICES 5.1 Prepare Geotechnical Report with Boring Logs and Location Plan Lump Sum 1 800.00 $ 800.00 5.2 Preliminary Screening of Environmental Databases to Identify Potential for Contaminated Soils in Relation to CCDD Requirements Sump 1 500.00 $ 500.00 ESTIMATEDTOTAL: $ 5,745.00 RECOMMENDED BUDGET: _L j,750.00 -5- TESTING SERVICE CORPORATION 1. PARTIES AND SCOPE OF WORK If Clientlsordedngthe services on behaU of another, Clientrepresents and warrants that Client Is the duly authorized agent of said party for the purpose of ordering and directing said services, and in such case the term 'Client" shall also Include the principal for whom the services are being performed. Prices quoted aid charged by TSC for its services am predicated on the conditions and the allocations of risks and obligations expressed in these General Conditions. Unless otherwise stated in writing, Client assumes sole responsibility for determining whether the quantity and the nature of the services ordered by Cgent are adequate and sufficient for Client's Intended purpose. Unless otherwise expressly assumed In writing, TSCI; services are provided exclusively for client. TSC shall have no duty orobligation abortion those dutles and obligations expressly setforih in this Agreement. TSC shall have no duty to any third parry. Client shall communicate these General Condltiona to each and every party to whom the Client transmits any report prepared by TSC. Ordering services from TSC shall constitute acceptance of TSC's proposal and these General Conditions. ZSCHEDULINGOFSERWGES: TheservicessetlaMinthis Agreementwil be accomplished In atimey andwoikmanlike manner. If TSC is required to delay any part of Its services to accommodate the requests or requirements of Client, regulatory agencies, or third parties, or due to any cause beyond its reasonable control, Client agrees to Pay such additional charges, If any, as may be applicable. 3. ACCESS TO SITE: TSC shall take reasonable measures and precautions to minimize damage to the site and any Improvements located thereon as a result of its services or the use of its equipment, however, TSC has nut included in Was the costof restoration of damage which mayoccur. If Client desires or requiresTSC to restore the site to Its former condition, TSC will, upon written request, perform such additional work as is necessary to do so and Client agrees to pay to TSC the cost thereof plus TSCS normal markup for overhead and profit. 4.CLIENT'S DUTY TO NOTIFY ENGINEER: Client represents and warrants that Client has advised TSC of any known or suspected hazardous materials, utility lines and underground structures at any site at which TSC is to perform services under this agreement 5. DISCOVERY OF POLLUTANTS: TSC§ services shall nut include investigation for hazardous materials as defined by the Resource Conservation Recovery Act, 42 U.S.C.§ 6901, at seq., as amended ( "RCRA'') or by any state or-Federal statute or regulation. In the event that hazardous materials are discovered and identified by TSC, TSC's sole duty shall be to notify Client 6. MONITORING: If this Agreement includes testing construction materials or observing arty aspectof construction of improvements, Client's construction personnel will verify that the pad is property located and sized to meet Client's projected building loads. Client shall cause all tests and inspections of the site, materials and work to be timely and property performed in accordance with the plans, specifications, contract documents, and TSC's recommendations. No claims for loss, damage or injury shall be brought against TSC unless all tests and inspections have been so performed and unless TSC's recommendations have been followed. TSC's services shall not indudedehumining or Implemenfing the means, methods, techniques or procedures of work done by the contractors) being monitored or whose work is being tested. TSC's services shall not include the authority to accept or reject work or to in any manner supervise the work of any contractor. TSC's services or failure to perform same shall not in any way operate or excuse any contractor from the performance of its work in accordance GENERAL CONDITIONS Geotechnical and Construction Services with its contract "Contractor" as used herein shalt Include subcontractors, suppliers, architects, engineers and construction managers. Information obtained from lraings,observaUOns and analyses of sample materials shaft be reported In formats considered appropriate by TSC unless directed otherwise by Client. Such Information is considered evidence, but any inference or conclusion based thereon is, necessarily, an opinion also based an engineering judgment and shall not be construed as a representation of fact. Subsurface conditions may not be uniform throughout an entire site and ground water levels may fluctuate due to climatic and other variations. Construction materials may vary from the samples taken. Unless otherwise agreed in writing, the procedures employed by TSC are not designed to detect intentional concealment or misrepresentation of facts by others. 7. DOCUMENTS AND SAMPLES: Client Is granted an exclusive license to use findings and reports prepared and issued by TSC and any sub-consultants pursuant to this Agreement for the purpose set forth In TSC's proposal provided that TSC has received payment in full for Its services. TSC and, if applicable, Its sub- consuitant, retain all copyright and ownership Interests in the reports, boring logs, maps, field data, field notes, laboratory test data and similar documents, and the ownership and find= to use all data generated by it for any purpose. Unless otherwise agreed in writing, test specimens or samples will be disposed immediately upon completion ofthe tesLAll drilling samples or specimens will be disposed sixty (60) days after submission of TSC's report 8. TERMINATION: TSC's obligation to provide services may be terminated by either party upon (7) seven days prior written notice. In the event of termination of TSC's services, TSC shall be compensated by Client for all services performed up to and including the termmatial date, including reimbursable expenses. The terms and conditions of these General Conditions shall survive the termination OM Cs obligation to provide servicft . &PAYMENT: Client shall be invoiced periodically for services performed. Client agrees to pay each invoice within thirty (30) days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to in writing for valid cause within say (60) days at the rate of twelve 02 %) per annum (orthe maximum interest rate permitted by applicable law, whichever Is the lesser) until paid and TSC's costs of collector of such accounts, Including court costs and reasonable attorney's fees. 10. WARRANTY: TSC's professional services will be performed. its findings obtained and its reports prepared in accordance with these General Conditions and with generally accepted principles and practices. in performing its professional seMoes,TSC wit use that degree of care and skill ordinarily exercised under similar circumstances by members of its profession. In performing physical work in pursuit of its professional services, TSC will use that degree of care and skill ordinarily used under similar circumstances. This warranty is in lieu of all other warranties or representations, either express or implied. Statements made in TSC reports are opinions based upon engineering judgment and are not to be construed as representations of fact Should TSC or any of its employees be found to have been negligentin performing professional aervires orto have made and breached any express orimpliedwarranty, representation or contract, Client, all parties claiming through Client and all parties claiming to have in any way relied. upon TSC's services orwork agreethat the maximum aggregate amount of damages forwhichTSC, its officers, employees and agents shall be liable is limited to $50,000 or the total amount of the fee paid to TSC for its services performed with respect to the project, whichever amount is greater. . in the event Client Is unwilling or unable to limit the damages for which TSC maybe liable In accordance with the provisions set forth In the preceding paragraph, upon written request of Client received within five days of Client's acceptance of TSC's proposal together with payment of an additional fee In the amount of 5% of TSC's estimated cost for Its services (to be adjusted to 5% of the amount actually billed by TSC for Its services an the projectatfime of completion), the limit on damages shall be increased to $500,000 or the amount of TSC's fee, whichever is the greater. This charge is not to be construed as being a charge for Insurance of any type, but is Increased consideration for the exposure to an award of greater damages. 11. INDEMNffY: Subject to the provisions set fort herein, TSC and Client hereby agree to Indemnify and hold harmless each other and their respective shareholders, directors, officers, partners, employees, agents, subsidiaries and division (and each of their heirs, successors, and assigns) from any and all claims, demands, liabilities, suits, causes of action, judgments, casts and expenses, Including reasonable attorneys' fees, arising, or allegedly arising, from personal or their agents or employees or independent contractors. In the event both TSC and Client are found to be negligent a atfault then any liability shall be apportioned betweenthem pursuant to their pro rata above of negligence o r fau It. TSC and Cllentfurther agree that theirllabtlily to anythird party shall, to the extent permitted by law, be several and not joint. The liability ofTSC under this provision shall not exceed the policy limits of insurance carried by TSC, Neither TSC nor Client shall be bound under this indemnity agreement to liability determined in a proceeding In which it did not participate represented by its on Independent counsel. The Indemnities or expiration of this Agreement, but may be modified to the extent of any waiver of subrogation agreed to by TSC and paid for by Client. 12. SUBPOENAS: TSC's employees shall not be retained as expert witnesses except by separate, written agreement. Client agrees to pay TSC pursuant In TSC's then Offent fee schedule for my TSC employee(s) subpoenaed by any party as an occurrence witness as a result of TSC's services. 13. OTHER AGREEMENTS: TSC shall not be bound by any provision or agreement (q requiring or providing for arbitration of disputes or controversies arising out of this Agreement or it performance, @) wherein TSC waives any rights to a mechanics lien or surety band claim; (ii) that conditions TSC's right to receive payment for Its services upon payment RiClient by anythird parry or (w) that requires TSC to Indemnify any party beyond its own negligence These General Conditions are notice,whem required, thatTSC shall file a lien whenever necessary to collect past due amounts. This Agreement contains the entire understanding between the parties. Unless expressly accepted by TSC in writing prior to delivery of TSC's services, Client shall not add any conditions or Impose conditions which are in conflict with those contained herein, and roc such additional or conflicting terms shall be binding upon TSC. The unenforceability a invalidity of any provision or provisions shall not render any other provision or provisions unenforceable or invalid. This Agreement shall be construed and enforced In accordance with the laws of the State of Illinois. In the event of a dispute arising out of or relating to the performance of this Agreement, the breach thereof or TSC's services, the parties agree to try in good faith to settle the dispute by mediation under the Construction Industry Mediation Rules of the American Arbitration Association as a condition precedent to filing any demand for arbitration, or any petition or complaint with any court. Paragraph headings are for convenience only and shall not be construed as limiting the meaning of the provisions contained in these General Conditions. REVaZaa KRISCHLAND SURVEYING, LL P.O.Box 929 Plainfield, Illinois 60544 Phone: (630) 627-5589 / Fax(630)627 -5594 SURVEYING - CONSULTING -CONSTRUCTION LAYOUT July, 18, 2011 Tom Adomshick James J. Benes and Associates 950 Warrenville Road, Suite 101 Lisle, 11 60532 Re: Oak Brook 2012 Water Main Project Dear Tom, As per your request and per the comments by the Village the following is an itemization for Land Surveying services for the above reference project. - topography of full right of way and 10' into private property and 75' along intersecting streets which will include at a minimum, location of all sewer & water structures with rim, invert & pipe sizes, trees with diameters, landscape areas, all driveways and type detailed, t/curb, gutter & c/1 shots on 50' intervals, additional ground shots to develop a tin model for contours and cross sections if needed. - elevations will be to the village bench mark datum and cross checked with DuPage County datum. Permanent bench marks and collection control points will set through out the project area - all work will be coordinated with the public works department and all existing water main markings will be collected and incorporated into the drawing file - the village will be given a one week notice of our start date to coordinate notification to the residents an electronic file will be provided and it is understood that this data will be used by others for road redevelopment. These services can be provided for a lump sum of $19,500 and the job completed in a four week time frame from our start date. If you should have any questions please do not hesitate to call me. Sincerely, Michael L. Krisch PLS