R-1571 - 06/14/2016 - ENGINEERING - Resolutions Supporting Documents ITEM 6.13.4)
BOARD OF TRUSTEES MEETING
VILLAGE OF SAMUEL E. DEAN BOARD ROOM
OAK B RK . BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
June 14, 2016
SUBJECT: Benchmark Elevations Project—Phase I
Engineering Services Agreement(for Surveying)
with James J. Benes & Associates, Inc.
FROM: Robert L. Kallien Jr., AICP, Community Development Director iaio
Jim Bosma, PE, Village Engineer
BUDGET SOURCE/BUDGET IMPACT: $24,965.00 from Infrastructure Funds for
Roadway Improvement Account 461-76200
RECOMMENDED MOTION: I move that the Village Board approve the
attached Engineering Services Agreement (for Surveying) with James J. Benes &
Associates, Inc. for the Benchmark Elevations Project— Phase I in the not-to-exceed
amount of$24,965.00 and approve Resolution R-1571.
Back2round/History:
Last November, the Village Board approved the attached Authorization to Negotiate with
James J. Benes & Associates, Inc. for the Benchmark Elevations Project— Phase L This
important initial phase ideally will be completed over the summer months.
Basically, the Village must reset benchmarks in the northern part of the Village. This
initial phase will be also be important in transferring from the Village's NGVD 29 datum
to the NAVD 88 datum now being used by the County, especially for flood-mapping
purposes. This project will replace approximately one hundred benchmarks needed for
establishing elevations for any work within the Village. James J. Benes & Associates,
Inc. has significant experience with the Village's benchmarks and has more-or-less the
lowest hourly rates for these contracted services. Ideally, the completion of this initial
phase will lead to more efficiency in subsequent phases that may be proposed later.
Recommendation:
Approve the attached Engineering Services Agreement.
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AGENDA ITEM
Regular Board of Trustees Meeting
of
November 24,20115
SUBJECT Benchmark Elevations Project— Phase I
Authorization to Negotiate an Engineering Services Agreement
with James J. Benes& Associates
FROM: Jim Bosma, P.E., Project Engineer tj 'j?t
BUDGET SOURCE/BUDGET IMPACT: Up to $25,000 in proposed 2016 budget from
Infrastructure Funds for Roadway Improvements
Account 461-76200
RECOMMENDED MOTION: I move that the Village Board authorize Village staff to
negotiate a contract with James J. Bents & Associates for
the Benchmark Elevations Project—Phase 1.
BackaraendlHistory:
Included within the proposed 2016 Budget will be sufficient funds to begin at least a first phase
of a benchmark elevations project. Ideally, perhaps by the end of this decade, we can complete
all necessary such phases. `1'he timing of this first phase will also work very well since earlier
this year our geographic information sytems (GIS) consultant, with Village staff, completed
checking the mapping of all the Village-owned hydrants (often used for Village benchmarks)
along with assigning a proper identification number. We will then be able to just download the
new elevation information directly into our GIS maps instead of reading them from existing old
spreadsheets.
Please note that, at the last Village Board meeting, a memo regarding the 2017 York Road STP
Project introduces that staff is already committer) to doing a Request For Qualifications (RFQ)
process (in the first half of 2016) for design services for the separate 2017 Street Improvement
Project and another RFQ process (in the second half of 2016) for engineering services for the
2017 Water vtain Project. Thus, staff feels that the two planned RFQ processes are already
plenty in 2016. Nevertheless, beginning a first phase of (re)setting benchmark elevations
throughout the Village is significantly overdue since they were originally done thirty years ago.
About fifteen years ago, engineering staff tried to (re)set by themselves as many benchmark
elevators as possible. Reasons for this work arc replaced hydrants by Public Works, new
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hydrants from a new water main, street projects that affected non-hydrant elevations, etc.
However, engineering staff has grown increasingly busy year after year and has had to resort to
just labeling "no good"on many benchmark elevations.
Staff would like to negotiate with Jaynes J, Benes for (re)setting benchmark elevations as a first
phase in the northern part of the Village that is roughly bound by Spring Road on the west,
Roosevelt Road on the north, York Road on the cast and 22nd Street on the south. Based on
their many years of exper =e with the Village, we feel that they are very knowledgeable
already on our existing benchmark system and that they will be the most cost-effective at doing
such(based on how they work and based on their typically,lower hourly rates than competition).
Since it's been very long since we've clone such project, it's very important to just get a first
phase done and then learn from it before we proceed with a second phase. One example is to see
how much time is truly necessary,on average,for each benchmark (re)setting. Another example
is that they will be including two datums for emery benchmark. One datum is the existing datum
the 'Village uses ("NOVD 29') which will be set by traditional surveying techniques which
includes "closing the loop to the original ber hmark" to ensure no errors. The second datum is
what the proposed new RuPage County floodmaps are using ("NAVD SS"} which will require
also taping a satellite reading on each benchmark with special equipment, We have heard that
the second datum may be approximately a consistent few inches different than the existing
Village datum but we look forward to verifying this significantly with at least this first phase.
Just assembling this initial engineering services agreement for this first phase of benchmark
elevations project could take awhile for bath our Village Attorney and James J. Beres &
Associates. The Village will waist a very well prepared agreement as the benchmark elevations
will be used for such important things in the future as preparing elevation certificates related to
flood maps. There indeed will be a "belfis and suspenders" process for establishing these
benchmark elevations (including comparing the expected differences between the two datums)
but, nevertheless, the hired consultant should be responsible for any significant errors that could
affect the Village many years in the future.
James J. Benes last project was the 2012 Water Main Replacement Project whose final cost of
$1,426,976 was 10.3% lower than the awarded value of $1,593,301. Also, James J. Benes
inspection fees for that very successful project were only finalized at $116,107 versus their
awarded not-to-exceed fee of$139,444. This evidences their typical commitment to charge only
the Village for hours truly dedicated to the Village even if it means leaving significant funds not
invoiced.
RMmmend;k&n
I recommend authorizing staff to negotiate with James J. Benes &Associates for the Benchmark
Elevations Project-Phase I.
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RESOLUTION 2016-ENG-BNCHMRK-AG-EX-R-1571
A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF
AN ENGINEERING SERVICES AGREEMENT
BY AND BETWEEN THE VILLAGE OF OAK BROOK
AND JAMES J. BENES AND ASSOCIATES, INC.
FOR THE BENCHMARK ELEVATIONS PROJECT—PHASE I
WHEREAS, the Village must reset benchmarks in the northern part of the Village; and
WHEREAS, this initial phase will also be very important in transferring from the Village's NGVD
29 datum to the NAVD 88 datum now being used by the County, especially for flood-mapping purposes;
and
WHEREAS, the Benchmark Elevations Project — Phase I will replace approximately 100
benchmarks ("Project'), needed for establishing elevations for any work within the Village; and
WHEREAS, the Village desires to retain a surveyor to provide surveying services to ensure that
the Project is done properly and in a way that satisfies the Village's specifications ("Surveying
Services"); and
WHEREAS, James J. Benes and Associates, Inc. ("Benes") specializes in survey services and
has significant experience with the Village's benchmarks; and
WHEREAS, the Village and James J. Benes and Associates, Inc. desire to enter into and execute
an agreement for Benes to provide the Surveying Services for an amount not to exceed $24,965.00
("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 Surveying 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 Surveying 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.
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 Benes in substantially the same form as attached
as Exhibit A, and in a final form approved by the Village Attorney.
Resolution 2016-ENG-BNCHMRK-AG-EX-R-1571
Approving Engineering Services Agreement with James J.Benes
Page 2 of 3
Section 3: Authorization and Execution of the Agreement. The Village President and Village
Clerk shall be, and hereby are, authorized to execute the Agreement after receipt of the final Agreement
fully executed by Benes.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
APPROVED THIS 14th day of June, 2016
Gopal G. Lalmalani
Village President
PASSED THIS 14th day of June, 2016
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
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Resolution 2016-ENG-BNCHMRK-AG-EX-R-1571
Approving Engineering Services Agreement with James J.Benes
Page 3 of 3
EXHIBIT A
AGREEMENT
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Program/Account Number:
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Awarded Contract Price: Budgeted Amount:
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Under$20,000 0 $500,001 - $1,000,000
$20,000 - $500,000 D Over $1,000,000.
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Three (3) Originals signed by other party
Date/Initials
[j Original provided to staff member for other party Date/Initials
0 Original provided to Official Files Date/Initials
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Village of Oalt Brook Approved by Board of Trustees- Date/initials:._
CONTRACT BETWEEN
THE VILLAGE OF OAK BROOK
AND JAME J. BENES & ASSOCIATES, INC.
FOR ENGINEERING
SERVICES
In consideration of the agreements set forth below, the Village of Oak Brook,
Illinois, 1200 Oak Brook Road, Oak Brook, Illinois 60523, a unit of local government
created and existing under the laws of the State of Illinois (the "Owner" or
"Village"), and James J. Benes & Associates, Inc., 950 Warrenville Road Suite 101,
Lisle, Illinois 60532, an engineering firm (the "Consultant"), make this Contract as
of , 2016, and hereby agree as follows:
ARTICLE I
THE SERVICES
1.1 Performance of the Services
Consultant shall, at its sole cost and expense, provide, perform, and complete
all of the following services, all of which is herein referred to as the "Services
A. Labor Equipment Materials, and Supplies. Provide, perform, and
complete, in the manner described and specified in this Contract, all professional
services necessary to accomplish the "Project," as defined in the following:
1. The Consultant's Proposal attached to this Contract as Attachment A,
and
2. With the insurance coverage listed in Attachment B attached to this
Contract.
B. Insurance. Procure and furnish all required certificates and policies of
insurance specified in Attachment B.
C. Standard of Performance. Provide, perform, and complete all of the
foregoing in a professional manner, consistent with the professional standards of
care of qualified engineers doing similar service in the Chicago Metropolitan Area
and in full compliance with this Contract (the "Standard of Performance").
1.2 Completion Date
Consultant shall diligently and continuously perform the Services at such a
rate as will allow the Services to be fully performed and completed in compliance
with this Contract not later than September 22, 201E("Completion Date"). The rate
of progress and time of completion are referred to in this Contract as the "Contract
Time."
1.3 Required Submittals
A. Submittals Required. Consultant shall submit to Owner all reports,
documents, data, and information required to be submitted by Consultant under
this Contract (the "Required Submittals").
B. Time of Submission and Owner's Review. All Required Submittals
shall be provided to Owner no later than the time, if any, specified in Attachment A,
or otherwise in this Contract. If no time for submission is specified for any
Required Submittal, then that Submittal shall be submitted within a reasonable
time in light of its purpose and, in all events, in sufficient time, in Owner's opinion,
to permit Owner to review that Submittal same prior to the commencement of any
part of the Services to which that Submittal may relate. Owner shall have the right
to require such corrections as may be necessary to make any Required Submittal
conform to this Contract. No Services related to any Required Submittal shall be
performed by Consultant until Owner has completed review of such Required
Submittal with no exception noted. Owner's review and approval of any Required
Submittal shall not relieve Consultant of the entire responsibility for the
performance of the Services in full compliance with, and as required by or pursuant
to this Contract, and shall not be regarded as any assumption of risk or liability by
Owner. The Consultant shall not be held liable for claims of delay caused by the
Owner's failure to timely review and approve any Required Submittal.
1.4 Review and Incorporation of Contract Provisions
Consultant represents and declares that it has carefully reviewed, and fully
understands, this Contract, including all of its Attachments, all of which are by this
reference incorporated into and made a part of this Contract.
1.5 Financial and Technical Ability to Perform
Consultant represents and declares that it is financially solvent, and has the
financial resources necessary, and has sufficient experience and competent, and has
the necessary capital, facilities, organization, and staff necessary to provide,
perform, and complete the Services in full compliance with, and as required by or
pursuant to, this Contract.
1.6 Time
Consultant represents and declares that the Contract Time is sufficient time
to permit completion of the Services in full compliance with, and as required by or
pursuant to, this Contract for the Contract Price.
1.7 Consultant's Personnel and Sub-Consultants
A. Consultant's Personnel. Consultant shall provide all personnel
necessary to complete the Services.
B. Approval and Use of Sub-Consultants. Consultant shall perform the
Services with its own personnel and under the management, supervision, and
control of its own organization unless otherwise approved by Owner in writing. All
sub-consultants and subcontracts used by Consultant shall be acceptable to, and
approved in advance by, Owner. Owner's approval of any sub-consultant or
subcontract shall not relieve Consultant of full responsibility and liability for the
provision, performance, and completion of the Services in full compliance with, and
as required by or pursuant to, this Contract. All Services performed under any
subcontract shall be subject to all of the provisions of this Contract in the same
manner as if performed by employees of Consultant. Every reference in this
Contract to "Consultant" shall be deemed also to refer to all sub-consultants of
Consultant. Every subcontract shall include a provision binding the sub-consultant
to all provisions of this Contract.
C. Removal of Personnel and Sub-Consultants. If any personnel or sub-
consultant fails to perform the part of the Services undertaken by it in compliance
with this Contract or in a manner reasonably satisfactory to Owner, Consultant,
immediately upon notice fiom Owner, shall remove and replace such personnel or
sub-consultant. Consultant shall have no claim for damages, for compensation in
excess of the Contract Price, or for a delay or extension of the Contract Time as a
result of any such removal or replacement.
1.8 Owner's Responsibilities
Owner shall, at its sole cost and expense: (a) designate in writing a person
with authority to act as Owner's representative and on Owner's behalf with respect
to the Services except those matters that may require approval of Owner's Board of
Trustees; (b) provide to Consultant all criteria and full information as to Owner's
requirements for the Project or work to which the Services relate, including Owner's
objectives and constraints, schedule, space, capacity and performance requirements,
and budgetary limitations relevant to the Project; (c) provide to Consultant existing
studies, reports, and other available data relevant to the Project; (d) arrange for
access to and make all provisions for Consultant to enter upon public and private
property as reasonably required for Consultant to perform the Services; (e) provide
surveys describing physical characteristics, legal limitations, and utility locations
for the Project and the services of geotechnical engineers or other consultants when
such services are reasonably requested by Consultant and are necessary for the
performance of the Services; (f) provide structural, mechanical, chemical, air and
water pollution tests, test for hazardous materials, and other laboratory and
environmental tests, inspections, and reports required by law to be provided by
Owner in connection with the Project; (g) review Required Submittals and other
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reports, documents, data, and information presented by Consultant as appropriate;
(h) provide approvals from all governmental authorities having jurisdiction over the
Project when such services are reasonably requested by Consultant; (i) except as
provided in Article IV of this Contract, provide all accounting, insurance, and legal
counseling services as may be necessary from time to time in the judgment of
Owner to protect Owner's interests with respect to the Project; 0) attend Project
related meetings; and (k) give written notice to Consultant whenever Owner
observes or otherwise becomes aware of any development that affects the scope or
timing of the Services, provided, however, that failure to give such notice shall not
relieve Consultant of any of its responsibilities under this Contract.
1.9 Owner's Right to Terminate or Suspend Services for Convenience
A. Termination or Suspension for Convenience. Owner shall have the
right, at any time and for its convenience, to terminate or suspend the Services in
whole or in part at any time by written notice to Consultant. Every such notice
shall state the extent and effective date of such termination or suspension. On such
effective date, Consultant shall, as and to the extent directed, stop Services under
this Contract, cease all placement of further orders or subcontracts, terminate or
suspend Services under existing orders and subcontracts, and cancel any
outstanding orders or subcontracts that may be canceled.
B. Payment for Completed Services. In the event of any termination
pursuant to Subsection 1.9A above, Owner shall pay Consultant (1) such direct
costs, including overhead, as Consultant shall have paid or incurred for all Services
done in compliance with, and as required by or pursuant to, this Contract up to the
effective date of termination; and (2) such other costs pertaining to the Services,
exclusive of overhead and profit, as Consultant may have reasonably and
necessarily incurred as the result of such termination. Any such payment shall be
offset by any prior payment or payments and shall be subject to Owner's rights, if
any, to withhold and deduct as provided in this Contract.
ARTICLE II
CHANGES AND DELAYS
2.1 Changes
Owner shall have the right, by written order executed by Owner, to make
changes to the timing or scope of the Services to be provided pursuant to this
Contract (a "Services Change Order"). When a Services Change Order causes an
increase or decrease in the amount of the Services, an equitable adjustment in the
Contract Price or Contract Time may be made. No decrease in the amount of the I
Services caused by any Services Change Order shall entitle Consultant to make any j
claim for damages, anticipated profits, or other compensation. Consultant shall not {
undertake any change in the Services without receipt of an executed Services
Change Order from Owner.
2.2 Delays
For any delay that may result from causes that could not be avoided or
controlled by Consultant, Consultant, upon timely written application, shall be
entitled to an extension of the Contract Time for a period of time equal to the delay
resulting from such unavoidable cause. No extension of the Contract Time shall be
allowed for any other delay in completion of the Services. In the event of a delay in
the project outside of the control of Consultant that affects Consultant's ability to
perform the Services, the Contract Price shall be adjusted for any actual increase in
costs necessarily incurred by Consultant in the performance of the Services.
2.3 No Constructive Service Change Orders
No claim for an equitable adjustment in the Contract Price or Contract Time
shall be made or allowed unless it is embodied in a Services Change Order agreed to
by Owner and Consultant. If Consultant believes it is entitled to an equitable
adjustment in the Contract Price or Contract Time that has not been included, or
fully included, in a Services Change Order, then Consultant shall submit to Owner
a written request for the issuance of, or revision of, a Services Change Order,
including the equitable adjustment, or the additional equitable adjustment, in the
Contract Price or Contract Time that Consultant claims has not been included, or
fully included, in a Services Change Order. Such request shall be submitted before
Consultant proceeds with any Services for which Consultant claims an equitable
adjustment is due.
ARTICLE III
CONSULTANT'S RESPONSIBILITY FOR DEFECTIVE SERVICES
3.1 Representation of Compliance
A. Scope of Representation. The Services and all of its components shall
conform to the requirements of this Contract and shall be performed in accordance
with Standard of Performance as defined in Subsection 1.11) of this Contract (the
"Representation of Compliance").
B. Opinions of Cost. It is recognized that neither Consultant nor Owner has
control over the costs of labor, material, equipment or services furnished by
others or over competitive bidding, market or negotiating conditions, or
construction contractors' methods of determining their prices. Accordingly,
any opinions of probable Project costs or construction costs provided for
herein are estimates only, made on the basis of Consultant's experience and
qualifications and represent Consultant's best judgment as an experienced
and qualified professional, familiar with the industry. Consultant does not
guaranty that proposals, bids or actual Project costs or construction costs will
not vary from opinions of probable cost prepared by Consultant. Nonetheless,
in the event that the engineer's estimate of costs is 20% or more less than the
lowest responsible bid received, the Consultant will prepare new materials, if
required by the Owner, so that the project can be rebid or reevaluation
without making any additional costs upon the Owner. "Provided, however,
that in the event that the lowest bid from a qualified bidder is 25% or more
higher than the engineer's estimate, the engineer will work with the Village,
at its request, to revise the project documents and will only charge 50% of the
regular costs of services for making such modifications."
3.2 Corrections
Consultant shall be responsible for the quality, technical accuracy,
completeness and coordination of all Services under this Contract. Consultant
shall, promptly and without charge, correct all errors in any Services provided by
Consultant.
3.3 Risk of Loss
The Services shall be provided, performed, and completed at the risk and cost
of Consultant. Consultant shall be responsible for damages to property or persons
to the extent caused by Consultant's errors, omissions, or negligent acts and for any
losses or costs to repair or remedy any work undertaken by Owner based on the
Services as a result of any such errors, omissions, or negligent acts.
Notwithstanding any other provision of this Contract, Consultant's obligations
under this Section 3.3 shall exist without regard to, and shall not be construed to be
waived by, the availability or unavailability of any insurance, either of Owner or
Consultant, to indemnify, hold harmless, or reimburse Consultant for such
damages, losses, or costs.
ARTICLE IV
INSURANCE, INDEMNIFICATION
4.1 Insurance
Contemporaneous with Consultant's execution of this Contract, Consultant
shall provide certificates and policies of insurance evidencing at least the minimum
insurance coverage and limits set forth in Attachment B. For good cause shown,
Owner may extend the time for submission of the required policies of insurance
upon such terms, and with such assurances of complete and prompt performance, as
Owner may impose in the exercise of its sole discretion. Such policies shall be in a
form reasonably acceptable to Owner. Such insurance shall provide that no change I
to or cancellation of any insurance, nor any reduction in limits or coverage or other I
modifications affecting this Agreement, shall become effective until the expiration of
30 days after written notice thereof shall have been given by the insurance company
to Owner. Consultant shall, at all times while providing, performing, or completing
the Services, including without limitation at all times while providing corrective
Services pursuant to Section 3.2 of this Contract, maintain and keep in force, at
Consultant's expense, at least the minimum insurance coverage and limits set forth
in Attachment B.
4.2 Indemnification
Consultant, without regard to the availability or unavailability of any
insurance, either of Owner or Consultant, shall, to the fullest extent permitted by
law, indemnify, save harmless, and reimburse Owner against any and all lawsuits,
claims, demands, damages, liabilities, losses, and expenses, including reasonable
attorneys' fees, that may arise or be alleged to have arisen out of or in connection
with Consultant's failure to meet its obligations or representations in this Contract
or Consultants negligent acts, errors, or omissions except only to the extent caused
by the sole negligence of Owner.
ARTICLE V
PAYMENT
5.1 Contract Price
Owner shall pay to Consultant, in accordance with and subject to the terms
and conditions set forth in this Article V and Attachment A, and Consultant shall
accept in full satisfaction for providing, performing, and completing the Services,
the amount or amounts in the schedule of prices set forth in Attachment A
{"Contract Price"), subject to any additions, deductions, or withholdings provided for
in this Contract.
5.2 Taxes, Benefits and Royalties
The Contract Price includes applicable federal, state, and local taxes of every
kind and nature applicable to the Services as well as all taxes, contributions, and
premiums for unemployment insurance, old age or retirement benefits, pensions,
annuities, or other similar benefits. Consultant shall have no claim or right to
claim additional compensation by reason of the payment of any such tax,
contribution, premium, costs, royalties, or fees.
5.3 Progress Payments
A. Payment in Installments. The Contract Price shall be paid in monthly
installments in the manner set forth in Attachment A ("Progress Payments").
B. Pay Requests. Consultant shall, as a condition precedent to its right to
receive each Progress Payment, submit to Owner an invoice accompanied by such
receipts, vouchers, and other documents as may be necessary to reasonably
establish Consultant's prior payment for all labor, material, and other things
covered by the invoice and the absence of any lien or other interest of any party in
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regard to the Services performed under this Contract. In addition to the foregoing,
such invoice shall include (a) employee classifications, rates per hour, and hours
worked by each classification, and, if the Services are to be performed in separate
phases, for each phase; (b) total amount billed in the current period and total
amount billed to date, and, if the Services are to be performed in separate phases,
for each phase; (c) the estimated percent completion, and, if the Services are to be
performed in separate phases, for each phase; and (d) Consultant's certification
that, to the best of Consultant's knowledge, information, and belief, all prior
Progress Payments have been properly applied to the Services with respect to which
they were paid. Owner may, by written notice to Consultant, designate a specific
day of each month on or before which pay requests must be submitted.
5.4 Final Acceptance and Final Payment
The Services or, if the Services are to be performed in separate phases, each
phase of the Services, shall be considered complete on the date of final written
acceptance by Owner of the Services or each phase of the Services, as the case may
be, which acceptance shall not be unreasonably withheld or delayed. The Services
or each phase of the Services, as the case may be, shall be deemed accepted by
Owner if not objected to in writing within 30 days after submission by Consultant of
the Services or such phase of Services for final acceptance and payment plus, if
applicable, such additional time as may be considered reasonable for obtaining
approval of governmental authorities having jurisdiction to approve the Services, or
phase of Services, as the case may be. Within 30 days after final acceptance, Owner
shall pay to Consultant the balance of the Contract Price or, if the Services are to be
performed in separate phases, the balance of that portion of the Contract Price with
respect to such phase of the Services, after deducting therefrom charges, if any,
against Consultant as provided for in this Contract ("Final Payment"). The
acceptance by Consultant of Final Payment with respect to the Services or a
particular phase of Services, as the case may be, shall operate as a full and complete
release of Owner of and from any and all lawsuits, claims, or demands for further
payment of any kind for the Services or, if the Services are performed in separate
phases, for that phase of the Services.
5.5 Deductions
A. Owner's Right to Withhold. Notwithstanding any other provision of
this Contract, Owner shall have the right to deduct and withhold from any Progress
or Final Payment that may be or become due under this Contract such amount as
may reasonably appear necessary to compensate Owner for any loss due to (1)
Services that are defective, nonconforming, or incomplete; (2) liens or claims of hem
(3) claims of Consultant's sub-consultants, suppliers, or other persons regardless of l
merit; (4) delay by Consultant in the completion of the Services; (5) the cost to
Owner, including reasonable attorneys' fees, of correcting any of the aforesaid
matters or exercising any one or more of Owner's remedies set forth in Section 6.1 of
this Contract. Owner shall notify Consultant in writing given in accordance with
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Section 7.8 of this Contract of Owner's determination to deduct and withhold funds,
which notice shall state with specificity the amount of, and reason or reasons for,
such deduction and withholding.
B. Use of Withheld Funds. Owner shall be entitled to retain any and all
amounts withheld pursuant to Subsection 5.5A above until Consultant shall have
either performed the obligations in question or furnished security for such
performance satisfactory to Owner. Owner shall be entitled to apply any money
withheld or any other money due Consultant under this Contract to reimburse itself
for any and all costs, expenses, losses, damages, liabilities, suits, judgments,
awards, and reasonable attorneys' fees (collectively "Costs") incurred, suffered, or
sustained by Owner and chargeable to Consultant under this Contract. Owner
shall notify Consultant in writing given in accordance with Section 7.8 of this
Contract of each application by Owner of money to reimburse such Costs.
5.6 Accountine
Consultant shall keep accounts, books, and other records of all its billable
charges and costs incurred in performing the Services in accordance with generally
accepted accounting practices, consistently applied, and in such manner as to
permit verification of all entries. Consultant shall make all such material available
for inspection by Owner, at the office of Consultant during normal business hours
during this Contract and for a period of three years after termination of this
Contract. Copies of such material shall be furnished, at Owner's expense, upon
request.
ARTICLE VI
REMEDIES
6.1 Owner's Remedies
If it should appear at any time prior to Final Payment for all work that
Consultant has failed or refused to perform, or has delayed in the performance of,
the Services ("Event of Default"), and has failed to cure any such Event of Default
within five business days after Consultant's receipt of written notice of such Event
of Default, then Owner shall have the right, at its election and without prejudice to
any other remedies provided by law or equity, to pursue any one or more of the
following remedies:
1. Owner may require Consultant, within such reasonable time as may be
fixed by Owner, to complete or correct all or any part of the Services
that are defective, nonconforming, or incomplete and to such other
action as is necessary to bring Consultant and the Services into
compliance with this Contract.
i
2. Owner may terminate this Contract without liability for further
payment of amounts due or to become due under this Contract.
3. Owner may recover from Consultant any and all costs, including
reasonable attorneys' fees, incurred by Owner as the result of any
Event of Default or as a result of actions taken by Owner in response
to any Event of Default.
6.2 Consultant's Remedy
Consultant may terminate this Contract upon for failure of Owner to make
Progress Payments to which Consultant is entitled if Owner has failed to cure such
failure within five business days after Owner's receipt of written notice from
Consultant of such failure.
6.3 Terminations and Suspensions by Owner Deemed for Convenience
Any termination or suspension by Owner of Consultant's rights under this
Contract for an alleged default that is ultimately held unjustified shall
automatically be deemed to be a termination or suspension for the convenience of
Owner under Section 1.9 of this Contract.
ARTICLE VII
LEGAL RELATIONSHIPS AND REQUIREMENTS
7.1 Binding Effect
To the extent permitted by applicable law, this Contract shall be binding on
Owner and Consultant and on their respective heirs, executors, administrators,
personal representatives, and permitted successors and assigns. Every reference in
this Contract to a party shall also be deemed to be a reference to the authorized
officers, employees, agents, and representatives of such party.
7.2 Relationship of the Parties
Consultant shall act as an independent contractor in providing and
performing the Services. Nothing in, nor done pursuant to, this Contract shall be
construed (1) to create the relationship of principal and agent, partners, or joint
venturers between Owner and Consultant or (2) to create any relationship between
Owner and any sub-consultant of Consultant.
7.3 No Collusion i
Consultant hereby represents and certifies that Consultant is not barred
from contracting with a unit of state or local government as a result of (i) a
delinquency in the payment of any tax administered by the Illinois Department of
Revenue unless Consultant 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 65 ILCS 5/11-42.1-1; or (ii) 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. Consultant hereby represents that the only persons, firms, or corporations
interested in this Contract as principals are those disclosed to Owner prior to the
execution of this Contract, and that this Contract is made without collusion with
any other person, firm, or corporation. If at any time it shall be found that
Consultant has, in procuring this Contract, colluded with any other person, firm, or
corporation, then Consultant shall be liable to Owner for all loss or damage that
Owner may suffer thereby, and this Contract shall, at Owner's option, be null and
void.
7.4 Assignment
Consultant shall not (1) assign this Contract in whole or in part, (2) assign
any of Consultant's rights or obligations under this Contract, or (3) assign any
payment due or to become due under this Contract without the prior express
written approval of Owner, which approval may be withheld in the sole and
unfettered discretion of Owner; provided, however, that Owner's prior written
approval shall not be required for assignments of accounts, as defined in the Illinois
Commercial Code, if to do so would violate Section 9-318 of the Illinois Commercial
Code, 810 ILCS 5/9-318. Owner may assign this Contract, in whole or in part, or
any or all of its rights or obligations under this Contract, without the consent of
Consultant.
7.5 Confidential Information
All information supplied by Owner to Consultant for or in connection with
this Contract or the Services shall be held confidential by Consultant and shall not,
without the prior express written consent of Owner, be used for any purpose other
than performance of the Services.
7.6 No Waiver
No act, order, approval, acceptance, or payment by Owner, nor any delay by
Owner in exercising any right under this Contract, shall constitute or be deemed to
be an acceptance of any defective, damaged, flawed, unsuitable, nonconforming, or
incomplete Services, nor operate to waive any requirement or provision of this
Contract or any remedy, power, or right of Owner.
7.7 No Third Partv Beneficiaries
No claim as a third party beneficiary under this Contract by any person, firm,
or corporation (other than Owner and Consultant) shall be made or be valid against
Owner or Consultant.
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7.8 Notices
All notices required or permitted to be given under this Contract shall be in
writing and shall be deemed received by the addressee thereof when delivered in
person on a business day at the address set forth below or after being deposited in
the United States mail, for delivery at the address set forth below by properly
addressed, postage prepaid, certified or registered mail, return receipt requested.
Notices and communications to Owner shall be addressed to, and delivered
at, the following address:
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Attention: Project Engineer
Notices and communications to Consultant shall be addressed to, and
delivered at, the following address:
James J. Benes & Associates, Inc.
950 Warrenville Road, Suite 101
Lisle, IL 60532
Attention: Bradley Hargett
The foregoing shall not be deemed to preclude the use of other non-oral means of
notification or to invalidate any notice properly given by any such other non-oral
means.
By notice complying with the requirements of this Section 7.8, Owner and
Consultant each shall have the right to change the address or addressee or both for
all future notices to it, but no notice of a change of address or addressee shall be
effective until actually received.
7.9 Governing Laws
This Contract and the rights of Owner and Consultant under this Contract
shall be interpreted according to the internal laws, but not the conflict of laws rules,
of the State of Illinois; the venue for any legal action arising in connection with this
Contract shall be in the Circuit Court of DuPage County, Illinois.
7.10 Changes in Laws
I�
I
Unless otherwise explicitly provided in this Contract, any reference to laws
shall include such laws as they may be amended or modified from time to time.
7.11 Compliance with Laws and Grants
The Services shall be provided, performed, and completed in accordance with
all required governmental permits, licenses, or other approvals and authorizations,
and with applicable statutes, ordinances, rules, and regulations. This requirement
includes, but is not limited to, compliance with the Fair Labor Standards Act; any
statutes regarding qualification to do business; any statutes prohibiting
discrimination because of, or requiring affirmative action based on, race, creed,
color, national origin, age, sex, or other prohibited classification, including, without
limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.,
and the Illinois Human Rights Act, 775 ILCS 511-101 etseq. Consultant shall also
comply with applicable conditions of any federal, state, or local grant received by
Owner or Consultant with respect to this Contract or the Services.
Consultant shall be liable for any fines or civil penalties that may be imposed
or incurred by a governmental agency with jurisdiction over the Services as a result
of Consultant's or its sub-consultants' improper performance of, or failure to
properly perform, the Services or any part thereof.
Every provision of law required by law to be inserted into this Contract shall
be deemed to be inserted herein.
7.12 Ownership of Documents
Consultant and Consultant's sub-consultants shall be deemed the original
authors and owners respectively of materials produced pursuant to this Contract
and shall retain all common law, statutory and other reserved rights, including
copyrights. Consultant hereby grants and conveys to Owner perpetual, irrevocable
non-exclusive rights and license to use all Required Submittals and other materials
produced under this Contract for Village purposes and no other purposes.
7.13 Time
Except where otherwise stated, references in this Contract to days shall be
construed to refer to calendar days.
7.14 Severability
The provisions of this Contract shall be interpreted when possible to sustain
their legality and enforceability as a whole. In the event any provision of this
Contract shall be held invalid, illegal, or unenforceable by a court of competent
jurisdiction, in whole or in part, neither the validity of the remaining part of such
provision, nor the validity of any other provisions of this Contract shall be in any
way affected thereby.
7.15 Entire Agreement
This Contract sets forth the entire agreement of Owner and Consultant with
respect to the accomplishment of the Services and the payment of the Contract
Price therefor, and there are no other understandings or agreements, oral or
written, between Owner and Consultant with respect to the Services and the
compensation therefor. The proposal attached as Attachment A is attached hereto
for reference only and other than as specifically referred to and incorporated herein,
the terms and conditions set forth in the proposal do not form part of this
Agreement.
7.16 Amendments
No modification, addition, deletion, revision, alteration, or other change to
this Contract shall be effective unless and until such change is reduced to writing
and executed and delivered by Owner and Consultant.
IN WITNESS WHEREOF, Owner and Consultant have caused this Contract
to be executed in two original counterparts as of the day and year first written
above.
Village of Oak Brook
By:
Riccardo F. Ginex
Village Manager
Attest:
By:
Charlotte Pruss
Village Clerk
James J. Benes &Associates, Inc.
By:
Name: Bradley Hargett
Title: Vice President
Attest:
By:
Name: James Darnell
Title: Secretary (Vice President)
ATTACHMENT A
PROPOSAL
I
JJAMES J. BENES AND ASSOCIATES, INC.
B, _ CONSULTING ENGINEERS
May 25, 2016 ATTACHMENT "A"
Mr.James Bosma,PE
Village Engineer
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
Re: Engineering Proposal
Benchmark Elevations Project—Phase I
Dear Mr.Bosma:
We appreciate the opportunity to subrnit this proposal to perform engineering services for
the Benchmark Elevations Project-Phase 1. Our understanding of the kriprovernent,the
scope of the services to be provided, and our not-to-exceed cost to perform the services are
presented in the following paragraphs. Please cal me at(630)719-7570 if you have any
questions or comments concerning our proposal.
UNDERSTANDING OF PROJECT
The Village of Oak Brook proposes to reset benchmarks In the northern part of the Village
as part of a muki-phase project of resetting benchmarks throughout the entire Village. The
omks of this first phase is roughly bound by Spring Road on the west, Roosevelt Road on
the north,York Road on the east and t-88 on the south.
The anticipated scope of this project is summarized as the following:
Benchmark elevations are primarily to be established on existing fire hydrants
primarily within the public right-of-gray. Benchmarks may be set elsewhere In
situations where fire hydrants are not present or other preferred permanent feature
exists(such as top of concrete headwall,concrete light pole or traffic signal
foundations, on power pole,etc.). One hundred benchmarks WIN be established for
this project.
• Permanent benchmarks/survey markers such as concrete monuments with brass
Bernstein markers or brass markers attached to concrete foundations will not be set
as part of this project.
• Benchmark elevations Will be based on the nearest DuPage County(DPCYNation
Geodetic Survey(NGS)vertical control monurents. DPC and NGS are both on the
North American Vertical Datum of 1988(NAVD 88).
• Each benchmark will list at a minimum two elevations. One being the NAVD 88
datum and the second the National Geodetic Vertical Datum of 1929(NGVD 29).
The NGVD 29 elevations will be calculated using NGS's VERTCON software to
compute differenced In orthometric height between NAVD 88 and NGVD 29 datums.
Benchmarks that have been previously established by the Village will also fist the
9W Warrenville Road,Suite 101 Tel.(630)719-7570
Lisle,10 mis 60532 Fax(630)719-7589
(ATTACHMENT"A")
Engineering Proposal
Benchmark Elevations Project—Phase I
May 25,2016
existing elevation. It is our understanding that the existing benchmark on NGVD 29
datum.
• Differential leveling will be run from the starting DPC/NGS monuments and between
all benchmarks to be established.
• As a check, GPS field measurement using Real Time Kinematic(RTK) satellite
navigation technique derived from the Global Navigation Satellite System (GNSS)
satellite-based positioning systems will be performed at each benchmark.
• An overall location exhibit will be prepared that shows all set benchmarks.
• A spreadsheet will be prepared that list pertinent information for each set
benchmarks. The Village of Oak Brook will use this information to incorporate into
their GIS system. The spreadsheet will be printable to a size no larger than 11"x17".
• Individual benchmark sheets will not be prepared and no photo of the benchmarks
will be provided.
At this time the Village is requesting a proposal for engineering services to establish
benchmarks throughout Phase I project limits.
It is anticipated that the engineering services will be solely funded by the Village of Oak
Brook.
SCOPE OF SERVICES
The following professional engineering services are proposed to be provided to the Village
of Oak Brook regarding Phase I of the Benchmark Elevations Project.
1. SURVEY SERVICES:
A. Data Collection:
1. Existing control benchmarks will be researched in the vicinity of the project and
determined which benchmarks are to be used as the basis of establishing the
site benchmarks.
2. A plan will be developed on which existing fire hydrants/permanent monument
are to have benchmark elevations set.
B. Field Review:
Field crew will perform a field reconnaissance of the site to familiarize themselves
with field conditions and strategize field work.
C. Field Survey:
1. GPS field measurement using Real Time Kinematic (RTK)satellite navigation
technique derived from the Global Navigation Satellite System (GNSS) satellite-
based positioning systems will be performed at each benchmark to be set.
2. Vertical control will be run to the project site using differential leveling techniques
from nearest DuPage County (DPC)/Nation Geodetic Survey(NGS)vertical
control monuments. English units and the NAVD 88 vertical control will be used
for all measurements.
® Page 2
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(ATTACHMENT"A")
Engineering Proposal
Benchmark Elevations Project—Phase I
May 25,2016
3. Vertical control will be run to each project benchmark using differential leveling
techniques. English units and the NAVD 88 vertical control will be used for all
measurements.
4. Locations where benchmarks have previously been established on the Village's
datum, vertical control using differential leveling or GPS filed measurements will
be run to majority of the existing benchmarks. Determination of differences
between the Village datum and computed NGVD 29 datum will be computed.
5. Various field measurements will be obtained to identify the benchmarks location.
Such measurement may include distances to centerline of nearest street, back of
curb, back of shoulder, and etc.. Field measurement of the benchmark location
will add in determining if the benchmark as been moved in the future or
incorrectly located in GIS.
D. Benchmark Exhibits and Deliverables:
1. Once all the field survey is completed an overall map will be provided that shows
the location of all set benchmarks. The base of the map will be provided by the
Village of Oak Brook. Possible base map will be the Village's aerial or street
mapping from their GIS.
2. A spreadsheet will be prepared that list the following for each set benchmarks.
a. Benchmark identifier(name or number)
b. Nearest street address
c. Detailed description
d. State Plane Coordinates (Northing & Easting)to the nearest tenth of a
foot
e. NAVD 88 Elevation
f. NGVD 29 Converted Elevation
g. Village of Oak Brook Elevation (NGVD 29 datum)
E. Coordination and Submittals:
1. We will attend a coordination meeting with the Village Staff at the onset of the
project for the purpose of confirming the scope of the project, anticipated
schedule, and to discuss any specific needs of the Village.
2. Coordination will be provided with the Village of Oak Brook from the start of the
project until the project has been completed.
3. Deliverables will be compiled and submitted to the Village of Oak Brook
It has been assumed that the following information will be provided by the Village of Oak
Brook:
List of existing benchmarks previously established with Phase I project limits. List
should include location, description, and elevation of each benchmark.
® Base mapping for the Overall Benchmark Map.
® Confirmation or direction regarding the benchmark numbering system.
While preparing the proposal, the following assumptions about the scope of work were
i
made, and it is understood that a change in the scope of work will affect the final
0 Page 3
(ATTACHMENT"A")
Engineering Proposal
Benchmark Elevations Project--Phase
May 25,2016
engineering costs. It was assumed that benchmarks are only to be set within primarily the
public right-of-way; permanent benchmarks/survey markers such as concrete monuments
with brass Bernstein markers or brass markers attached to concrete foundations will not be
set; and individual benchmark sheets will not be prepared and no photo of the benchmarks
will be provided. Should the Village wish James J. Benes and Associates to perform these
services, they shall be considered additional services.
Fees for additional services beyond the scope of this proposal, when approved by the
Client, will be compensated for on time and material basis unless an agreed to proposal for
the additional services is executed.
SCHEDULE
Authorization to Proceed June 15, 2016
Initiate Field Work(Weather Dependent) June 20, 2016
Submittal of Preliminary Deliverables August 2016
Submittal of Final Deliverables September 22, 2016
COMPENSATION
Compensation for all services will be on an hourly rate basis. Invoices will be prepared
monthly and will document the direct payroll and direct costs expended. The cost of our
services will be determined as follows:
A. Direct Payroll: Hours x Hourly Rate by Individual
B. Expansion for Overhead and Payroll Burden: Direct Payroll x IDOT Rate"
C. Expansion for Professional Fee: (item A+ Item B)x 15%
D. Direct Cost: Invoiced at our cost.
E. Total Cost: Item A + Item B + Item C + Item D
Our current IDOT approved Overhead and Payroll Burden rate is 138.16%.
Our current billable hourly rates by employee classification for the personnel anticipated to
perform the work are as follows:
Employee /Classification Range of Hourly
Billable Rates
Principal $161.59-$164.33
Senior Engineer $123.25
Project Engineer $90.38 -$121.19
Engineer Intern $73.26
Technician $62.99—$69.84
The not-to-exceed cost including direct payroll, expansion for overhead and payroll
burden, professional fee, and direct costs for the engineering services for the
Benchmark Elevations Project -Phase I its $24,965. The not-to-exceed cost is based on
the"Estimate of Manhours and Costs"that is attached to and made part of the proposal.
• Page 4
I
1
(ATTACHMENT"A")
Engineering Proposal
Benchmark Elevations Project—Phase
May 25,2016
ACCEPTANCE
Please contact us If you have any questions or require additional information regarding this
proposal for engineering services. If this proposal is agreeable to the Vie of Oak Brook,
please sigh and return one copy for our records.
Respectfully Submitted,
JAMES J. GENES AND 6WCIATES, INC.
By: Brady D.Hargett r
PE(wi).Pi S(it.) CFM
Vice President
Accepted for: The VMM of Oak Brook
by: Date:
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ATTACHMENT B
INSURANCE REQUIREMENTS
Certificates of Insurance shall be presented to the Village within fifteen (15)
days after the receipt by the contractor of the Notice of Award and the
unexecuted contract, it being understood and agreed that the Village will not
approve and execute the contract until acceptable insurance certificates are
received and approved by the Village.
Each contractor performing any work pursuant to a contract with the Village of
Oak Brook and each permittee working under a permit as required pursuant to
the provisions of Title 1 of Chapter 8 of the Code of Ordinances of the Village of
Oak Brook (hereinafter referred to as "insured") shall be required to carry such
insurance as specified herein. Such contractor and permittee shall procure and
maintain for the duration of the contract or permit insurance against claims for
injuries to persons or damages to property which may arise from or in connection
with the performance of the work under the contract or permit, either by the
contractor, permittee, or their agents, representatives, employees or
subcontractors.
A contractor or permittee shall maintain insurance with limits no less than:
A. General Liability - $2,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage, provided that when
the estimated cost of the work in question does not exceed $25,000, the
required limit shall be $1,000,000;
B. Automobile Liability (if applicable) - $1,000,000 combined single limit per
accident for bodily injury and property damage;
C. Worker's Compensation and Employer's Liability - Worker's Compensation
limits as required by the Labor Code of the State of Illinois and Employer's
Liability limits of$1,000,000 per accident.
Any deductibles or self-insured retention must be declared to and approved by
the Village. At the option of the Village, either the insurer shall reduce or
eliminate such deductible or self-insured retention as respects the Village, its
officers, officials, employees and volunteers; or the Insured shall procure a bond
guaranteeing payment of losses and related investigations, claim administration
and defense expenses to the extent of such deductible or self-insured retention.
The policies shall contain, or be endorsed to contain, the following provisions:
D. General Liability and Automobile Liability Coverage -
(1) The Village, its officers, officials, employees and volunteers are to be
covered as additional insureds as respects: liability arising out of
activities performed by or on behalf of the Insured; premises owned,
occupied or used by the Insured. The coverage shall contain no
special limitations on the scope of protection afforded to the Village,
its officers, officials, employees, volunteers, or agents.
(2) The Insured's insurance coverage shall be primary insurance as
respects the Village, its officers, officials, employees, volunteers and
agents. Any insurance or self-insurance maintained by the Village,
its officers, officials, employees, volunteers or agents shall be in
excess of the Insured's insurance and shall not contribute with it.
(3) Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the Village, its officers, officials,
employees, volunteers or agents.
(4) The Insured's insurance shall apply separately to each covered party
against whom claim is made or suit is brought except with respect to
the limits of the insurer's liability.
E. Worker's Compensation and Employer's Liability Coverage
The policy shall waive all rights of subrogation against the Village, its
officers, officials, employees, volunteers and agents for losses arising
from work performed by the insured for the Village.
Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits
except after thirty (30) days prior written notice by certified mail has been
given to the Village. Each insurance policy shall name the Village, its officers,
officials and employees, volunteers and agents as additional Insureds.
Insurance is to be placed with insurers with a Best's rating of no less than A:
VII.
Each Insured shall furnish the Village with certificates of insurance and with
original endorsements effecting coverage required by this provision. The
certificate and endorsements for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The
certificates and endorsements are to be on forms approved by the Village and
shall be subject to approval by the Village Attorney before work commences.
The Village reserves the right to require complete, certified copies of all
required insurance policies, at any time.
Each insured shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements
stated herein.
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