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R-1213 - 11/13/2012 - ENGINEERING - Resolutions Supporting DocumentsY!'EM 6.F.2) Of OAt =gem= AGENDA ITEM Regular Board of Trustees Meeting of November 13, 2012 SUBJECT: 2013 Water Main Project — 22nd Street (Salt Creek to Clearwater Drive) Engineering Services Agreement for Design Engineering with Thomas Engineering Group FROM: Jim Bosma, P.E., Civil Engineer II a v BUDGET SOURCE/BUDGET IMPACT: $22,663 within Water System Distribution Improvements Account 451 -7620 RECOMMENDED MOTION: I move that the Village Board approve the attached Engineering Services Agreement with Thomas Engineering Group for the design of the 2013 Water Main Project in the not -to- exceed amount of $22,663 and approve Resolution R -1213. Background/History: Included within the 2012 Budget are funds for the design of the 2013 Water Main Project. The 2013 project is anticipated to be approximately $194,000 to replace approximately 800 feet (0.15 miles) of water main. This project is necessary since the existing water main location is under a steep sideslope along the north side of 22nd Street. This location is very difficult to repair during the one to two breaks that have been typically occurring per year. Restoring the grass after the break repairs is also very difficult due to the steep slope. We anticipate completing the design over the winter and the construction in the spring. The project will likely be within the pavement of the 22nd Street frontage road (formerly known as Hunter Drive). This frontage road will be further restored by complete resurfacing in the summer with our 2013 Street Improvement Project. The design fee of $22,663 equals 11.7% of the anticipated construction cost. This percentage is reasonable (1) due to the supporting information provided by Thomas Engineering in the attached agreement on how they determined that fee, (2) due to it being a not -to- exceed amount which requires being conservative and which also allows Thomas Engineering to be paid ultimately less based on actual labor hours used, (3) due to the relatively small size of the project Last saved by 1:12013 WM(13- 1202)\2013- Water- Main- design- engineering - memo.docx ifJl Last printed 11/8/2012 2:18 PM V which requires an amount of work on some items similar to a much larger project and (4) due to the proposal including a significant evaluation of alternative designs. Thomas Engineering was first studied during a Request For Qualifications (RFQ) process a couple years ago regarding our paving projects. That specific RFQ led to the hiring of Christopher B. Burke Engineering with very good success on two completed paving projects. Now there has been a desire to perform a RFQ process for water main projects. Unfortunately, the size of this year's project is not ideal for a RFQ process which is typically reserved for consulting fees over $25,000. Nevertheless, our intention is to do a RFQ process for the next very large water main project. Thomas Engineering has impressed us during preliminary discussions to obtain this proposal and they have put a lot of uncompensated time and effort already on this project. Thomas Engineering was formed in 2008 with a specialty in construction management and then later specialized in design services. Their suggested design team includes a licensed water operator who can provide valuable discussion with our Village's Water Department and includes a certified professional in erosion and sediment control who can provide valuable knowledge on how to permanently restore the steep slopes still eroding from previous water main breaks. Recommendation: I recommend approving the attached Engineering Services Agreement with Thomas Engineering Group for design engineering for the 2013 Water Main Project. Last saved by 7:12013 WM (13- 1202)12013- Water- Main- design-engineering- memo.do" Last printed 11/8/2012 2:18 PM RESOLUTION 2012- ENG -WA- MAIN- AG -EX -R -1213 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF THE 2013 WATER MAIN PROJECT WHEREAS, the Village must repair the existing water main that runs under 22nd Street in the Village ( "Water Main ") at least once or twice per year; and WHEREAS, the Water Main is difficult to repair because of a steep side slope along the north side of 22nd street ( "Slope "); and WHEREAS, the 2013 Water Main Project will replace approximately 800 feet of the Water Main ( "project'), reducing the need for repairs; and WHEREAS, the Village desires to retain an engineer to provide engineering design services to ensure that design of the Project is done properly and in a way that satisfies the Village's specifications ( "Engineering Services "); and WHEREAS, Thomas Engineering Group ( "Thomas ") specializes in design services and has expertise in water operation and erosion and sediment control; and WHEREAS, the Village and Thomas desire to enter into and execute an agreement for Thomas to provide the Engineering Services for an amount not to exceed $22,663.00 ( "Agreement'), attached hereto as Exhibit A; and WHEREAS, pursuant to the Local Government Professional Services Selection Act ( "Act'), 50 ILCS 510/0.01 et seq., and Section 1 -7 -6 of the Village Code, the Village is not required to follow the notice, evaluation, and selection procedures set forth in the Act if the Village determines by resolution that the cost of Engineering Services is expected to be less than $25,000.00; and WHEREAS, pursuant to the Act and Section 1 -7 -6 of the Village Code, the President and the Board of Trustees have determined that the cost of Engineering Services is expected to be less than $25,000.00; and WHEREAS, the President and Board of Trustees also have determined that it is in the best interests of the Village to enter into the Agreement in a final form approved by the Village Manager and the Village Attorney; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Approval of the Agreement. The President and Board of Trustees hereby approve the Agreement by and between the Village and Thomas. Section 3: Authorization and Execution of the Agreement. The Village President and Village Clerk shall be, and hereby are, authorized to execute the final Agreement on behalf of the Village after review and approval of the final form of the Agreement by the Village Manager and the Village Attorney. Section 4: Effective Date, This Resolution shall be in full force and effect upon passage and approval in the manner provided by law. Ayes: Resolution 2012- ENG -WA- MAIN- AG -EX -R -1213 Approving Professional Services Agreement with Thomas Engineering Page 2 of 3 APPROVED THIS 13th day of November, 2012 Gopal G. Lalmalani Village President PASSED THIS 13`h day of November, 2012 ATTEST: Charlotte K. Pruss Village Clerk Resolution 2012- ENG -WA- MAIN- AG -EX -R -1213 Approving Professional Services Agreement with Thomas Engineering Page 3 of 3 EXHIBIT A AGREEMENT ENGINEERING SERVICES AGREEMENT VILLAGE OF OAK BROOK 2013 WATER MAIN PROJECT 22 "d Street (Salt Creek to Clearwater Drive) THIS AGREEMENT, made and entered into this _ day of November, 2012, by and between Thomas Engineering Group, LLC (hereinafter referred to as "ENGINEER ") and the Village of Oak Brook, a municipal corporation (hereinafter referred to as "VILLAGE ") covers certain professional engineering services in connection with the 2013 WATER MAIN PROJECT, (hereinafter referred to as "PROJECT "). The VILLAGE wishes to retain ENGINEER for these certain professional 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: 1. SCOPE OF SERVICES ENGINEER agrees to perform 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 ENGINEER shall be paid by VILLAGE for all services stipulated within this Agreement according to the Compensation Schedule attached as Appendix II and made a part of this Agreement. Payment to ENGINEER shall be made by VILLAGE 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 of reimbursable costs incurred with copies of appropriate invoices. 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 which 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. Page 1 If VILLAGE fails to make any payment due ENGINEER for services and expenses, including amounts wrongly withheld, within thirty (30) 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 thirtieth (30th) day; and, in addition, the ENGINEER may, after giving seven (7) days written notice to VILLAGE, suspend 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. 3. 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. It is recognized by the parties that the Time Schedule may be contingent upon factors beyond the control of either party. Both parties will take all reasonable steps to adhere to the Time Schedule. 4. 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. 5. 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 approved by both parties. b. Relationship between ENGINEER and VILLAGE ENGINEER shall serve as VILLAGE'S professional 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 That all plans and other documents furnished by the ENGINEER pursuant to this Agreement will be endorsed by him and will show his professional seal where such is required by law. 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 Page 2 #11791300_v2 contractor, other contractors or subcontractors performing any of the work or providing any of the services on the PROJECT, 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 architect, engineer, consultant, contractor or subcontractor to carry out their respective responsibilities in accordance with 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. d. Corrections In the event plans, surveys or construction staking is found to be in error and revisions of the plans or survey or construction staking are necessary, the ENGINEER agrees that he will perform such work without expense to the VILLAGE, even though final payment has been received by him. He shall give immediate attention to these changes so there will be a minimum delay to the contractor. e. 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. ENGINEER will not be obligated to provide the same personnel employed prior to suspension when the services are resumed, in the event the period of any suspension exceeds thirty (30) days. f Termination 1) The VILLAGE shall have the right to terminate this Agreement with or without cause upon serving thirty (30) days written notice upon the other ply. 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 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 which ENGINEER is then accomplishing for the VILLAGE. ENGINEER shall be paid for any Page 3 N11791300_v2 services completed and any services partially completed in accordance with Sections 2 and 3. g. Warranties In addition to the covenants herein made, the ENGINEER represents and certifies that its engineering services shall be performed in accordance with the standards of professional practice, care, and diligence practiced by recognized engineering firms in the industry in performing services of a similar nature in existence at the time of performance. The representations and certifications expressed shall be in addition to any other representations and certifications expressed in this Agreement, or expressed or implied by law, which are hereby reserved unto the VILLAGE. 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 will 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 he 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 he 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) The ENGINEER represents and certifies that the ENGINEER is not barred from contracting with a unit of state or local government as a result of: (1) a delinquency in the payment of any tax administered by the Illinois Department of Revenue, unless the ENGINEER is contesting, in accordance with the procedures established by the appropriate revenue act, its liability for the tax or the amount of the tax, as set forth in Section 11- 42.1-1 et seq. of the Illinois Municipal Code, 65 ILCS 5/11- 42.1 -1 et seq.; or (2) a violation of either Section 33E -3 or Section 33E -4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E -1 et seq. ENGINEER represents that the only persons, firms, or corporations interested in this Agreement as principals are those disclosed to the VILLAGE prior to the Page 4 #11791300_v2 execution of this Agreement, and that this Agreement is made without collusion with any other person, firm, or corporation. If at any time it shall be found that the ENGINEER has, in procuring this Agreement, colluded with any other person, fine, or corporation, then the ENGINEER shall be liable to the Village for all loss or damage that the VILLAGE may suffer, and this Agreement shall, at the VILLAGE's option, be null and void. 4) That he is qualified technically and is conversant with the policies applicable to the PROJECT; and that he has and will furnish sufficient, properly trained and experienced personnel to perform the services enumerated herein. 5) That he will not employ, for the duration of this Agreement, any person presently employed by the VILLAGE without the written consent of the VILLAGE. 6) ENGINEER represents and certifies that, to the best of its knowledge: (1) no elected or appointed VILLAGE official, employee or agent has a personal financial interest in the business of ENGINEER or in this Agreement, or has personally received payment or other consideration for this Agreement; (2) as of the date of this Agreement, neither ENGINEER nor any person employed or associated with ENGINEER has any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement; and (3) neither ENGINEER nor any person employed by or associated with ENGINEER shall at any time during the term of this Agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement. i. 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 and the VILLAGE shall obtain any and all intellectual property rights in the drawings, specifications, reports, and documents prepared by ENGINEER in connection with any and all of the services furnished hereunder. ENGINEER shall have the right to retain copies of all documents and drawings for its files. All construction drawings shall be prepared electronically using MICROSTATION software. Paper copies will be provided to the VILLAGE in full -size (24" x 36 ") or quarter -size (11" x 17 ") as requested. Electronic design files will also be transferred to the VILLAGE. If construction services are a part of the ENGINEER'S work, he will create electronic "As- Built" conditions and will deliver them to the VILLAGE within thirty (30) days after completion of construction and before final payment to the ENGINEER. ENGINEER will title these files "Record Drawings ". Page 5 #11791300_v2 If construction services are not part of the ENGINEER'S work, he will deliver electronic MICROSTATION files to the VILLAGE upon request and before final payment to the ENGINEER. j. Access to Records The ENGINEER shall maintain all books, documents, papers, accounting records and other evidence pertaining to his costs incurred by reason of this Agreement and agrees to make such material available, at his 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. 1. Indemnification ENGINEER agrees to indemnify, hold harmless, and defend (or pay the VILLAGE for the costs of defense if the Village so desires in its sole discretion) the VILLAGE and any of its officers, employees, or agents from and against all liability, claims, demands, and causes of action arising out of or related to any loss, damage, injury, death, or loss or damage to property resulting from any negligence, errors or omissions by the ENGINEER in the performance of this Agreement. 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 concurrent negligence bears to the total negligence (including that of third parties) which caused the personal injury or property damage. m. 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. Page 6 #11791300_v2 n. Governing Law This Agreement shall be governed by the laws of the State of Illinois both as to interpretation and performance. o. 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 proper written approval of the other. P. Waiver of Contract Breach The waiver of 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. q. 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 used, 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. r. 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. S. Access and Permits VILLAGE shall arrange for ENGINEER to enter upon public and private property and shall obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the PROJECT. t. 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 shall review and respond promptly to all communications received from the other ply. Page 7 #11791300_v2 U. 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: Thomas Engineering Group, LLC. 238 S. Kenilworth Suite 100 Oak Brook, Illinois 60302 Attn: Thomas Gill, PE 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: Michael Hullihan Public Works Director 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. 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. Separate proposals shall be submitted by ENGINEER for furnishing these additional services. Compensation for such additional services shall be negotiated by the parties and included in this Agreement by a written amendment. Page 8 #11791300_v2 ENGINEER shall supply such additional services as requested in writing by VILLAGE and agreed to by ENGINEER in connection with the PROJECT. Separate proposals shall be submitted by ENGINEER for furnishing these additional services. Compensation for such additional services shall be negotiated by the parties and included in this Agreement by a written amendment. X. Time Time is of the essence in the performance of all terms and provisions of this Agreement. Y. Third Parry Beneficiary No claim as a third party beneficiary under this Agreement by any person, firm, or corporation shall be made or be valid against the Village. Z. Conflicts If any provisions of this Agreement conflict with any provisions of the attached appendices, the provisions of this Agreement shall control. IN WITNESS WHEREOF, the parties set their hands and seals on the date first written above. VILLAGE OF OAK BROOK ATTEST: A Municipal Corporation Village President Village Clerk Thomas Engineering Group ATTEST: BY: President Village President Page 9 #11791300_v2 APPENDIX 1 SCOPE OF SERVICES Per proposal submitted by Thomas Engineering Group, LLC, Ltd. dated November 2, 2012. Page 10 #11791300_v2 APPENDIX 1I COMPENSATION SCHEDULE Per proposal submitted by Thomas Engineering Group, LLC, Ltd. dated November 2, 2012. Page 11 #11791300_x2 APPENDIX III TIME SCHEDULE Per proposal submitted by Thomas Engineering Group, LLC, Ltd, dated November 2, 2012, Page 12 #11791300_x2 APPENDIX IV Insurance Engineer shall maintain for the term of this Agreement, and for a period of twelve months after the services is contracted for hereunder have been completed, insurance policies covering: 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 and additional insured endorsement showing the Village added to the General Liability Insurance as an additional insured. Coverage shall not be suspended, voided, canceled, or reduced except after thirty (30) days prior written notice by certified mail has been given to the Village. 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 liability of any kind upon the company, its agents or representatives" will be stricken or crossed out. Page 13 #11791300_x2 Submitted to: Village of Oak Brook Mr. James Bosma, P.E. Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 November 2, 2012 Submitted by: tha, erase en:gIneering__ „g,roup u. 561 VICE tlt the high6fl gfOtl6. Thomas Engineering Group, LLC 238 South Kenilworth Avenue W Suite 100 Oak Park, Illinois 60302 t4 QMass en_gl.,neerI ng__:g.r_oup service at the - highest grade. 238 south kenilworth avenue November 2, 2012 suite too oak park, illinois 60302 Mr. James Bosma, P.E. Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Re: 2013 Water Main Project, 22nd Street (Salt Creek to Clearwater Drive) Dear Mr. Bosma: Thomas Engineering Group, LLC (TEG) respectfully submits the enclosed proposal to the Village of Oak Brook for the subject project. We hope that our interest and enthusiasm for this project show through in our proposal as we feel that our due diligence, expertise and experience will provide Oak Brook with a valuable investment. The details in our proposal will also demonstrate that our experienced personnel can deliver benchmark materials, state -of- the -art construction methods as well as problem solving skills from design, construction, operations, and maintenance perspectives. TEG has visited the project site with Village staff to gather project context and background for our proposal. Our approach for this project is to conduct a targeted conceptual analysis, identify the most cost effective and least invasive solution, and then assemble a feasible and buildable set of construction documents. This submittal includes a focused summary of our understanding and approach for the 2013 Water Main Project. We are confident that our collective experience and combined skill sets provide our team with comprehensive planning, design, and construction decision making abilities. To complement our technical acumen, all TEG -led projects also receive the same, high level of commitment which can be summarized as: • APPROACH IS PROFESSIONAL • KEY PERSONNEL. ARE EXCEPTIONAL • SUCCESSFUL EXPERIENCE IS RELEVANT What separates us from the other firms is our service —our trademark is service at the highest grade®. TEG has been able to grow in these tough economic times by servicing each client individually and bringing value to their community. We deliver large firm experience with small firm service. We are truly excited about the opportunity of working on the 2013 water main project and look forward to answering any questions you may have about our firm, staff, or experience. if you have any questions or require additional information, please call me at' (708) 533 -1700 or by e-mail at tomR @thomas- engineerine.com. Sincerely, thomas engineering group, Ilc Thomas E. Gill, III, P.E. President Attachments Steve S. Pasinski, P.E. Planning and Design Head Village of Oak Brook Proposal for 2013 Water Main Project 22 "d Street (Salt Creek to Clearwater Drive) Cover Letter Section 1 Project Understanding and Approach Section 2 Project Schedule and Fee Summary Section 3 Project Team and Organizational Chart Section 4 Resumes 1 FA 3 10 Appendix Cost Proposal Details ( 23 Village of Oak Brook Proposal for 2013 Water Main Project 22nd Street (Salt Creek to Clearwater Drive) PROJECT UNDERSTANDING The Village of Oak Brook is seeking a highly competent and professional engineering firm to perform design services for the 2013 Water Main Project. In this proposal, Thomas Engineering Group, LLC (TEG) provides details of our qualifications and project understanding and approach to complete all tasks necessary for the successful completion of the Village's 2013 Water Main project. The Village of Oak Brook's existing 12" water main that is directly north of the IDOT roadway 22nd Street but north of the Village's roadway 22nd Street (also known as Hunter Drive) has experienced repeated breaks and currently requires replacement to provide reliable water service. TEG understands that the design solution should include no pressure connections and that wrap around saddles should be avoided. TEG also understands that a current water main model is not available for this area and the Village will be deciding if the new water main should be 12" or 16 TEG's alternative analysis and recommendation will provide the Village with alignments, costs, construction methods, local impacts, and benefits for two alternatives. In addition, the Village desires erosion control improvements to the areas on the 22nd Street sideslopes adjacent to where the previous water main breaks have occurred. This is on IDOT right -of -way and will require coordination and utility permitting. The proposed modifications to the existing water main will include replacement and relocation in its entirety. Given the existing alignment in close proximity to IDOT right -of -way and its location on an extremely steep slope, TEG anticipates strategically locating the water main within or adjacent to the parkway of the Village maintained 22nd Street and to accommodate water and sewer separation requirements adhering to the "Standard Specifications for Water and Sewer Construction in RM Illinois ". This scope assumes that the existing 12" line just north of the IDOT' roadway (22nd Street) will be permanently abandoned. We also understand that the Village prefers 300' hydrant spacing and that the design for this section will incorporate the addition of one hydrant along this run. In addition to determining an appropriate alignment for the replacement water main that minimizes impacts to the existing roadways and access to area businesses, TEG will also identify innovative and feasible project solutions that will provide value to the Village in terms of cost, schedule, constructability, operations, and future maintenance. TEG has gathered the necessary information and project context to develop excellent strategies in each of these areas of need. STS, SPECiE7CATI0i� i WATMAORNAM COIiSTttlli pjS Village of Oak Brook Proposal for 2013 Water Main Project 22nd Street (Salt Creek to Clearwater Drive) A cursory review of the current land use and the Illinois State Fire Marshall website in regards to underground storage tank listing leads our team to believe there would be no reason to suspect that any excavation material would necessitate special treatment under the Clean Construction Demolition Debris Act in Illinois. The scope of work in this proposal assumes that the responsibility for identification and removal of any such materials would be the responsibility of the contractor. This responsibility will be included with the project specifications and due to the existing conditions, is not expected to escalate bid prices. No soil samples are being provided as part of this proposal. Based on a preliminary review of the FIRM map, nearly the entire project limits are located within floodplain, but outside of the regulatory floodway. TEG will ensure that all excavation and fill placement remain within the project complies with the conditions set forth in the Villages' storm water and floodplain ordinance and their full- waiver status with DuPage County. After meeting with Jim Bosma, P.E. from the Village and reviewing the available project information, our team met to discuss the assignment and determine the appropriate processes to complete the Project. Each of our key discipline leads made site visits and collected data and photos in order to better understand the context and the nature of the work to complete this water main project. The Village has budgeted $194,000 for this project based on programming level estimates. Thomas Engineering Group and the Village will work together to advance plans and schedule a letting that is most advantageous to soliciting the most competitive unit costs and overall bid price for the project. PROJECT APPROACH For this Project, TEG proposes a targeted approach to the proposed project design that will achieve both expediency and the ability to complete the project with minimal impacts to Village residents and businesses. Prior to beginning any infrastructure project, TEG finds it extremely effective to have a thorough "kick- off' meeting in order to engage all Village Utilities Division stakeholders and other key Village staff to fully understand Village , practices, policies, and preferences when designing and building capital improvement projects. Step 1: Kick -Off Meeting — Our experience has shown that a detailed and well planned initial project meeting can provide long term benefits for a project and dramatically decrease the risks that can impact budget, schedule, and stakeholder support. Prior to beginning any design, TEG will organize and lead a stakeholder meeting with representatives from Engineering, Public Works, and any other interested Village staff. We will also coordinate with Village staff to get a I.U.L.I.E. locate performed prior to this meeting so that an onsite walkthrough of the proposed concept alignments can be discussed relative to other utility impacts and locations. _ TEG focuses on gaining a shared understanding of the project context by partnering with our clients. This enables TEG to make context appropriate project decisions that will reflect Oak Brook's desired outcomes. Village of Oak Brook Proposal for 2013 Water Main Project 22 "d Street (Salt Creek to Clearwater Drive) The purpose of the kick -off meeting will be to walk through each element related to project scope to identify critical project constraints and develop a shared understanding of the project. Specifically, the TEG Project Manager will lead a discussion in which all parties will have ample opportunity to weigh in and convey their project expectations, preferred methods and materials, installation techniques, technical challenges, site history, utility challenges, access, staging, and constructability. Each of these topics will be discussed in terms of risks to cost, schedule, operations, maintenance, and resident /business impacts. Based on our concept level analysis of the proposed project, we have developed a general concept level alignment and construction sequence that is intended to be used as a starting point for discussion during the kick -off meeting where some of our assumptions will need to be verified. For your reference, our concept level alignment drawing can be found at the end of this section of the proposal. In addition, we have preliminarily considered the cost difference associated with installing the proposed water main via directional drilling to minimize impacts to existing utilities, roadways, and guardrail versus the more traditional open trenching techniques. We estimate that directional drilling will cost approximately $23,000 more than trenching (roughly 10% of the total anticipated construction cost), but will greatly reduce impacts to area businesses, residents, commuters, and surface disturbance requiring significantly more restoration and temporary pavement. The primary benefits for the above meeting and the resulting products will be a thorough and shared consensus of the assumptions, design details (including water main material, construction techniques, and water main size), and activities to be conducted during the project by Oak Brook and TEG. Meeting minutes will be written describing all agreed upon procedures, preferences, materials, and any other non-standard or unusual elements in which the project will adhere. Step 2: Data Collection and Analysis — The next step will be to gather topographical and detailed utility and underground information. TEG has already received 1 -foot contour data, existing Village water main data, and parcel boundaries. TEG will utilize its own survey team (Christopher DeYoung, PLS and James Haitsma) using our own state of the art GPS survey equipment to collect the 1.U.L.I.E. located utility information, other critical surface and subsurface features, verify given atlas information, and identify existing utility conflicts. Using the data collected, the TEG's core project team, including Project Manager, Nick Orf, P.E., CFM, CPESC and Dustin Bonnell, will develop the design ­;+­i- i- f. •6e ..,ate.... min 4u ;l ­ ,..ell ­ •6e . A-A Ae ­ -f 3 TEG wi71 partner with Oak Brook to determine the most cost - effective Investment that serves the specific needs of the 22nd Sheet Water Main Project without compromising future water main Improvements and area businesses and residents. TEG staff has a registered Land Surveyor as well as our own Total Station and GPS -based survey equipment enabling us to perform a wide range of survey services and perform pick -up surveys aulckty. Village of Oak Brook 4 Proposal for 2013 Water Main Project 22 "d Street (Salt Creek to Clearwater Drive) In addition, after the topographical and utility survey has been plotted, it has been TEG's practice to gain as much underground information as possible. Project engineers will immediately provide utility notices to all affected utility companies and request private utility atlases within the project limits. While conditions for IDOT utility permit approvals require that our team) coordinate the appropriate agency approvals for this work, we expect that any proposed boring pits, slope improvement treatments and potential ditch modifications will result in soil disturbances within the allowable limits and therefore have "no impact ". TEG will establish an effective erosion and sediment control plan to comply with these requirements. TEG also understands that under the Village's full- waiver commitment, no further coordination for wetland delineation is required. • Step 3: Preliminary (60%) Water Main Design — Using the information from the kick -off Meeting, 1.U.L.I.E. locates and utility coordination, Village supplied LIDAR contours and TEG pick -up survey, TEG will develop preliminary (60 %) design plans, specifications, and construction cost estimates for the most appropriate relocation alignment and phasing. Considerations will include items such as cost, local impacts, schedule, constructability, maintenance, IEPA permitting, right -of -way, and utility permitting with the Illinois Department of Transportation to allow erosion control and restoration and water main abandonment within the State ROW. The 60% plans, specifications, and quantity take -offs and manufacturer's quotes TEG develops will be in accordance with Local Standards and IDOT's Permit Special Provisions, Subchapter f: Highways, Part 530 Accommodation of Utilities on Right -of -Way, Section 430 Underground Facilities — Waterlines: TEG will perform QC /QA on these plans documenting those checks and will send copies to the Village for review. For purposes of expediting IEPA and IDOT reviews, TEG plans to advance this initial set to very near a pre -final condition in order to confidently initiate the review processes (see permitting steps described below). The project will also be designed to meet all DuPage County stormwater and floodplain ordinance requirements to fulfill the Village commitment as part of their full waiver status. After the Village has had the opportunity to review the 60% submittal, TEG will meet with Village staff to discuss all comments and questions. TEG will address all comments and provide a disposition, as necessary, to those comments to the Village. Village of Oak Brook 5 Proposal for 2013 Water Main Project 22 "d Street (Salt Creek to Clearwater Drive) Step 5: IEPA and IDOT Permitting — After submitting final plans to Village and receiving any final comments, our project team will coordinate with IEPA to obtain the final permitting for the proposed water main relocation and replacements. In addition, TEG will reach consensus with IDOT Bureau of Design - Utilities and obtain the necessary permits for the project work, including restoration and erosion control of the 22nd Street side slope. TEG will prepare the IEPA Application for Construction Permit on behalf of the Village for submittal to the Division of Water Pollution Control, Permit Section. The application review and approval process is anticipated to take between 60 and 90 days. TEG will also develop the IDOT Permit application and coordinate review by ]DOT Bureau of Design - Utilities (Utility Permits). Step 6: Final Bid Documents —TEG will assist the Village with distribution to prospective bidders. In addition, TEG will prepare to answer bidder's questions /RFIs during the bidding phase, evaluate bids, and provide a contractor selection recommendation for the Village's consideration. R sill .0..1 E Y O O E 0 m 0 O � O O L (a m M r O N 91 Village of Oak Brook Proposal for 2013 Water Main Project 22nd Street (Salt Creek to Clearwater Drive) PROJECT SCHEDULE Our proposed project team is available to start on the 2013 Water Main Project immediately and anticipate completing the project prior to the 2013 construction season. Our schedule showing task durations can be referenced below with key dates and tasks: Task Completion Date Notice to Proceed November 14, 2012 Kick -Off Meeting November 21, 2012 Topo /Utility Survey November 30, 2012 Data Collection and Analysis November 30, 2012 Preliminary (60 %) Design December 14, 2012 Village Review December 21, 2012 Pre -Final (90 %) Design January 4, 2013 Village Review January 11, 2013 Final Design Completion January 18, 2013 Bid Advertisement February 7, 2013 IEPA and IDOT Permitting Complete March 9 —April 8, 2013 PROJECT FEE This is a Cost Plus Fixed Fee (CPFF)'type if contract. Our proposed fee contains a not to exceed amount comprised of labor and direct costs. TEG proposes using the same "Cost Estimate for Consulting Services" (CECS) as IDOT uses on their engineering contracts based on our audited overhead rate of 126.14 %. Our proposed scope of work is estimated to require a total of 195 man -hours and a total not to exceed fee of $22,662.96, The details and support documentation for our fee are included in the appendix. Village of Oak Brook Proposal for 2013 Water Main Project 22nd Street (Salt Creek to Clearwater Drive) The Thomas Engineering Group (TEG) team has committed our best personnel', to this project. Our team members have excellent experience in water main' design, alternatives analysis, and constructability review. Several of our key' staff have previously worked on similar design and construction projects and have a high degree of familiarity with municipal projects and expectations.' These team members have also worked together on many recent successful TEG projects and are proposed to serve the Village on Oak Brook. At the end of this section is our proposed organizational chart for the project. Our Project Manager is Nick Orf, P.E.. CFM. CPESC Mr. Orf is a registered professional engineer,. certified floodplain manager and certified professional in erosion and sediment control with over 9 years of experience. Nick has an extensive background in municipal engineering, water main design and construction, stormwater management, conveyance, and storage design, hydrologic and hydraulic modeling, floodplain and floodway studies, watershed planning, roadway drainage design, general engineering, environmental engineering, conservation site design, and wastewater conveyance. He has significant experience permitting with various agencies such as IEPA, Army Corps, IDNR, DuPage County, MWRDGC, IDOT, and various other municipalities and Counties. Nick has been project manager for several municipal projects that included alternatives analysis to address the most appropriate alignments for proposed infrastructure. Dustin Bonnell will assist Project Manager Nick Orf with water main design. Dustin is a licensed water operator with extensive experience in water main design, testing, construction and maintenance. His underground experience will be a great asset on this project. By having observed the construction of the nearby Village of Lombard St. Charles Street water main replacement project in 2011, Dustin is extremely familiar with water main design requirements and construction practices throughout the six county region. TEG's Chief Surveyor is Chris DeYoung. P.L.S. who has performed construction layout for multiple municipality improvements. These included bridges, intersections, airports," storm sewer, water main, water towers, new construction alignment, and new fire stations. Mr. DeYoung is experienced with Boundary Surveys, ALTA Surveys, Easement Plats, Dedication Plats, Annexation Plats, Topographic Surveys, Legal Description Research, Writing Legal Descriptions, Construction Layout (IDOT, County, and Municipal), Section Corner Resets, and Monument Records. Jim Haitsma will be the Lead Drafter and CADD technician for the project. Jim has developed all drawings in the current TEG database of design details and drawings of infiltration techniques and designs. Jim has over 10 years of drafting experience and will adjust all existing details as necessary for use on this project, and complete any new drawings needed. _e Ul By working on multiple projects from the concepts phase through construction, Nick will use his own "lessons learned" to design a water main project that will be planned, designed, and built seamlessly In all three Phases. Mr. Bonnen has the owner perspective of being the Utility Manager for Joliet. He understands what is needed to design, construct, and maintain a water and sanitary system property. Village of Oak Brook s Proposal for 2013 Water Main Project 22nd Street (Salt Creek to Clearwater Drive) Steve Pasinski. P.E. is TEG's Project Principal for the subject project. Mr. Pasinski has more than 20 years of planning and design engineering experience in the public sector. Mr. Pasinski understands the importance of servicing the client and the community. He has proven this by leading the development and substantial growth of TEG's planning and design group during a period of time which has seen many of our competitors shrink. He received an "an outstanding letter of recommendation" from the Kane County Division of Transportation highlighting his commitment to client service, quality content and innovation during his management of the national award winning Stearns Road Fox River Bridge project. TEG's QC /QA Manager is Kevin VanDeWoestvne. P.E. Mr. VanDeWoestyne has the plan review experience needed to ensure our construction plans will be built seamlessly in the field for all three Phases of this project. He has worked on many municipal projects (Phases I, II and Phase III) in which complex underground issues play a major role in the project. He not only knows how to develop excellent construction documents but also understands the key constructability and construction staging aspects because of his extensive construction engineering experience. Kevin's primary role will be ensuring the highest quality of the construction document and the accuracy of the construction cost estimate. Our team understands the context of this project and is ecstatic about working with Oak Brook to deliver the most cost - effective, least impactive water main solution for the 22nd Street water main replacement. We are committed to performing this project at the highest level and make this our most important assignment. The people identified for this project are our A -team personnel and we are committed to a project completed on -time, within budget and providing long -term value for the Village of Oak Brook. 0 MOME S 04J L • • O ML W O %4.- O W e�0�� ago �. a i y a Oi 'II <.aa H J W Y a ai In D i� V n(/ ) LL § E (L 0 U § II §� � 2q k§ k LU E LL I� ! a. L j § 2 w 0 « / m § CL w IL m «\(NCgw \ \ kk2� 2 f250¥ %qa §( §((}m \ 7.(y( c6 § k■M /q /} §� B /f \)§ 2 t ,_m ! {£ \{ \(k ;<W 0 2 <1 I m2§ ! a. L j § 2 w 0 « / m § CL w IL O a �I N � fll LL 0K 0 V) w U W 3 w IL J d" 0 2 W a a N LU a 0 f9 c m c cm c w 0 0 r � m R y LL d I a N N N N O U C it Z !�!!�l99!!�1191l�lall �omliniiio�o iillllll a N N N N O U C it Z W LL � � LL cl N� U) w H U W n O w IL J Q.' O 2 W w a LU O � CL 0 0 C7 c m c c c w R 0 r 2 W W a a N m LLa a D W d' a w a !�!!!�IIIIIIIIIi III�II� D W d' a w a 26 EXHIBIT "A" Estimate of Hours t�` Project: Village of Oak Brook Prepared B Thomas Engineering Group, LLC @ Q g i n@ 8 f] h -Q,_Q r O u p Date: 10/24/12 (orrice of tthe hIpneu preae Plan Sheet Task Plan Sheet Description (- Clarification) Principal PM Number of Sheets Hours Per Sheet Total Hours 1 Cover Sheet, Index of Sheets 1 4 1 2 2 2 General Notes 6 2 2 4 3 Village Material List 0 2 0 4 Summary of Quantities 4 1 4 4 5 Schedule of quantities 12 0 3 0 6 Typical Sections 8 0 6 0 7 - Includes existing and proposed typical sections 20 20 8 - Sections extend from existing ROW to ROW 9 - Includes HMA or PCC patching requirements iT 10 - includes SS, San and WM and other long utilities 6 6 7 Alignment, Ties, and Benchmarks 1 2 2 8 Plan - Profile Sheets 7 60 2 16 32 - Includes removal items - Includes existing roadway features - Includes proposed roadway features - Includes Erosion Control Plan /Landscaping - Includes proposed pavement markings - Includes existing Drainage and Utilities 9 MOT /Suggested Stages of Construction 1 4 4 30 Construction Details, Village Standard Details 2 4 8 11 Watermain Connection Details 0 28 0 12 Pavement Marking Sheet 0 0 0 13 Landscaping/Restoration Sheet 0 2 0 Plan Sheet Subtotal 1 10 56 Non -Sheet Task Non -Sheet Description Principal PM Project Engineer Technician Total Hours 1 Alternatives Analysis 1 4 4 9 2 Meetings (2 migs / 2 ppl @ 4 hrs ea.) 6 6 12 3 Supplemental Topographic Sumey /Basemapping 8 16 24 4 Utility Coordination 4 4 8 5 Permitting 12 12 24 6 Quantities /Cost Estimate 8 2 10 7 Bid Documents 20 20 8 Public Involvement 9 RFI iT 10 Administration and QC /QA 6 6 Non -Sheet Subtotal 7 60 50 DIRECT COSTS and SERVICE BY OTHERS (SBO) Project: Design for 22nd Street Watermain Design Limits: Salt Creek to Clearwater Drive Printing of Preliminary Plans for Village Printing of Prefinal Plans for Utilities and Permits Printing of Final Plans and Bid Sets for Village Mailing, Mileage, Other Printing DIRECT COSTS $ 200.00 $ $ 200.00 $ $ 1,200.00 $ $ 200.00 $ TOTAL $ 1,800.00 $ SBO 27