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R-1562 - 05/10/2016 - ENGINEERING - Resolutions 1 RESOLUTION 2016-ENG-AG-ITEP-EX-R-1562 A RESOLUTION APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND ENGINEERING RESOURCE ASSOCIATES, INC. FOR ENGINEERING SERVICES RELATED TO THE 22ND STREET AND YORK ROAD BEAUTIFICATION PROJECT WHEREAS, as part of the 22nd Street and York Road Beautification Project, the Village desires to partially fund hardscape and landscape improvements to 22nd Street and York Road between Salt Creek and 1-88/1-294 spur, which include the construction of irrigated landscaped medians and new decorative roadway lighting (collectively, "Project'; and WHEREAS, the Village received an Illinois Transportation Enhancement Program grant from IDOT to fund a significant portion of the Project; and WHEREAS, the Village has budgeted funds from the Village Hotel Tax Fund to pay for the remaining portion of the Project; and WHEREAS, the Village desires to retain an engineer to provide Phase III Resident Engineering Services (collectively, "Services"); and WHEREAS, Engineering Resource Associates, Inc. ("ERA") previously has provided satisfactory engineering services to the Village as part of the 22nd Street and York Road Beautification Project and for various other projects; 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 for engineering services provided by engineers who have a satisfactory relationship with the Village; and WHEREAS, the Village and ERA desire to enter into and execute an agreement for ERA to provide the Services to the Village, which agreement is attached hereto as Exhibit A ("Agreement'); and I WHEREAS, the President and Board of Trustees have determined that it is in the best interest 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 ERA in substantially the same form as attached Exhibit A, and in a final form to be approved by the Village Attorney. Section 3: Execution of Agreement. The Village President and the Village Clerk shall be, and are hereby, authorized to execute the approved final Agreement on behalf of the Village. 1 Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] j I I i r Resolution 2016-ENG-AG-ITEP-R-1562 Engineering Services for the 22nd St. &York Rd.Beautification Project 2 of 3 APPROVED THIS 10th day of May, 2016 ;d Gopal G. Lalmalani Village President PASSED THIS 10th day of May, 2016 Ayes: Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf Nays: None Absent: None ATTEST: r� Charlotte K. Pruss Village Clerk li I Resolution 2016-ENG-AG-ITEP-R-1562 Engineering Services for the 22nd St. &York Rd.Beautification Project 3 of 3 EXHIBIT A Agreement CONTRACT BETWEEN THE VILLAGE OF OAK BROOK AND ENGINEERING RESOURCE 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 Engineering Resource Associates, Inc., 35701 West Avenue Suite 150 Warrenville, Illinois, an engineering firm (the "Consultant"), make this Contract as of Mn% , 2016, and hereby agree as follows: ARTICLE I THE SERVICES 1.1 Performance of the Services i 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 March 2017 ("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 1 to permit completion of the Services in full compliance with, and as required by or pursuant to, this Contract for the Contract Price. i I 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 from 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 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; (1) 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; (j) 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 Chimes 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 Services caused by any Services Change Order shall entitle Consultant to make any 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. 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 to or cancellation of any insurance, nor any reduction in limits or coverage or other 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 j insurance, either of Owner or Consultant, shall, to the fullest extent permitted by i 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 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 lien; (3) claims of Consultant's sub-consultants, suppliers, or other persons regardless of 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 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 Accounting 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. 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 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 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 I i 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 ILLS 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 Party 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. 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: Jim Bosma, Village Engineer Notices and communications to Consultant shall be addressed to, and delivered at, the following address: Engineering Resource Associates, Inc. 35701 West Avenue, Suite 150 Warrenville, Illinois 60555 Attention: John F. Mayer, P.E., C.F.M. 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 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 5/1-101 et seq. 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 Oa ook By: Riccardo F. Ginex Village Manager Attest: By: Charlotte Pruss Village Clerk Engineering Re a ocla e , Inc. By: Name: Title: Attest: By: ., Name: MAZty' � �5 Title: MA 4C, ATTACHMENT A PROPOSAL DATED iTMARCH 7,2016 ENGINEERING RESOURCE ASSOCIATES Sent via email to Jim Bosma ibosma6 ,oak-brook,orq March 7, 2016 Mr.James Bosma Village Engineer Village of Oak Brook 3003 Jorie Blvd, Oak Brook, Illinois 60523 SUBJECT: Phase III Resident Engineering for the 22nd Street Beautification and Lighting Project, Section No. 13-00046-00-LS, Oak Brook, Illinois Dear Jim: Engineering Resource Associates, Inc. (ERA) is pleased to submit this proposal for Phase III Resident Engineering L Services for the 22nd Street Beautification and Lighting Project. The proposal is based upon your request for a proposal,our experience on this project and our familiarity with projects of similar scope and magnitude. This proposal includes our background and understanding of the project,the scope of work,fee schedule,the proposal agreement and general terms. ERA is familiar with the requirements and expectations of FHWA, IDOT and the Village of Oak Brook from our work on similar projects. We have a full understanding of this project and the scope of work required. In addition, our project team works with ITEP funded projects regularly in the design as well as construction phases. Project Background The 22nd Street Beautification and Lighting Project is part of a phased construction project that has included previous beautification improvements along 22nd Street, the 1-88 corridor and various pedestrian access improvements adjacent to the Oak Brook Mall, During the engineering design phase it was discovered that ITEP funding may be available and therefore the Village applied for the federal funding program. In January of 2013, Governor Quinn announced the projects to be funded from the 2012 Illinois Transportation Enhancement Program list of applications. The 22nd Street Beautification and Lighting Project was included in the approved projects for federal funding. The cost share for the beautification elements of the project are up to 80% federal and 20% local match. The cost share for streetlighting elements is up to 50% federal and 50% local match. The total amount of federal commitment for this project is$849,800. Since this amount is less that the total cost share based upon the percentage ratio, the local cost share will result in a higher percentage of participation, Bids for the project were opened at the March 4, 2016 IDOT bid letting. The anticipated start of construction is in the I I'lell I'l 111 111, 1111 111 gle III Ili 11111 WARRENVILLE CHICAGO CHAMPAIGN Sep*. 2 76 C?I n Drive Rie l 'W:;rrervis;e. .L 60-5N "N:ago IL 60,6,tie ( 2 U. L,II�s'�)oi�tl. iLb7.8.1 P 6a).393.30613 P 31 2.474,'•641 P 217.351.6268 www.eraconsultants.com Mr.James Bosma Page 2 of 11 March 7,2016 middle to end of May 2016. The amount for the construction engineering services contract is$181,694.08. The federal ITEP program is funding a significant portion of the construction costs of the project. Since the federal contribution limit is met within the construction contract, the Village will fund the remainder of the cost of construction and the construction engineering services. The construction engineering services will be provided in accordance with the requirements established by FHWA for ITEP projects. Project Understanding The project will consist of the installation of a reconstructed landscape medians consisting of raised planter islands, raised landscape sections, irrigation decorative plantings, trees and the replacement of the outdated streetlight poles and fixtures and replacing them with the type consistent with the Village Streetlight standards. According to the construction documents, the contractor is allocated 60 working days to complete the project. Therefore, the Construction Engineering Services contract was prepared on the basis of up to 66 workable days as outlined in the project construction schedule. This schedule is a reasonable timeframe to complete the project established according to IDQT standards. ERA will provide the construction observation, documentation, material testing and Quality Assurance services. Construction Site Observation services are based upon an 8-hour day. Please note that if the length of the construction period extends beyond the number of working days in the contract, the corresponding number of days required for construction observation and documentation may need to be extended accordingly. Additional hours may need to be required for construction engineering services based upon the extension of time in the project. Subconsultant services will be provided by several consulting firms, Hitchcock Design Group will provide review of the landscape and streetscape elements of the project. FRS Design will provide review of the irrigation related aspects of the project. Lastly, Rubino Engineering will provide services related to the material testing requirements for the project. Scope of Services ERA will provide construction engineering services in accordance with the following work plan: 1. Meetings &Coordination 1.1. Pre-Construction meeting with IDOT,contractor, sub-contractors, utility companies and Village of Oak Brook staff.The meeting is to confirm the scope of the work, review the project schedule and clarify, discuss and resolve items of concern, 1.2. Attend weekly meeting to answer any questions and to review the construction schedule, payment requests, and discussion of construction issues and any deficiencies observed. 1.3. Coordinate with material testing firm. 2. Shop Drawings &Submittal Reviews 21. The ERA team will review shop drawings, catalog cuts and design mixes for conformance with the requirements of the contract documents. 2.2. ERA will provide a status summary of review documents and update project team, 0 Mr.James Bosma Page 3 of 11 March 7,2016 3. Construction Observation 3.1. Review the construction schedule submitted by the contractor for compliance with the contract. 3.2. Monitor contractor's progress and adherence to project schedule, 3.3. Provide resident engineer for on-site construction observation of the work in progress and provide field checks of materials and equipment. 3.4. Serve as the Village's liaison with the contractor primarily through the contractor's project superintendent. 3.5. Observe the progress and quality of executed work for compliance with the contract documents. Inform the Village of the progress, review construction activity for defects and deficiencies in the work, advise the Village of all observed deficiencies and reject all work failing to conform to the contract documents, 3.6. Alert the Contractor's field superintendent when un-approved material or equipment is being used and advise the Village of such occurrences. 4. Documentation 4.1. Maintain files of correspondence, shop drawings and other submissions, reproductions or original documents including addenda, change orders and additional drawings issued subsequent to the award of the contract. 4.2. Track and measure contract pay item quantities, hours on the job site,weather conditions, general and specific observations, daily activities, inspections, decisions and a list of visiting officials utilizing Inspector's Daily Reports in IDOT format. 4.3. Collect and file material tickets. 4.4. Prepare weekly reports and keep ICORS data input current. 4.5. Submit project documentation to ERA office for use in reviewing contractor pay request. 4.6. Track contractor time and materials expended on extra work items on the properforms. 4.7. Preparation of all forms that require execution by the Village. 5. Pay Request&Change Order Review 5.1. Review applications for payment and compare to documentation records, 5.2. Prepare payment requisition documentation utilizing Village forms and forward recommendations for payment to Village staff. 5.3. Review change order documentation and justifications, 5.4. Prepare change order documentation utilizing Village forms and forward change order recommendations to Village staff. 6. Project Close-Out 6.1. Prior to final inspection, prepare a list of observed items for correction by the contractor. 6.2. Conduct a final inspection with Village staff to incorporate items into the punch list. 6.3. Work with contractor to complete all final punch list items in a timely, responsive manner and make recommendation to the Village concerning acceptance. 6.4. Determine if the project has been completed in accordance with the contract documents and if the contractor has fulfilled all obligations. 6.5. Maintain a set of Record Drawings on which all changes to the original plans are noted. 6.6. Submit one set of record drawings and AutoCAD drawing file(s) and PDF format drawing files on CD-ROM to the Village at the completion of the project. 0 Mr.James Bosma Page 4 of 11 March 7,2016 7. Record Drawings 7.1. The project contractor will be required to provide construction layout services and to provide accurate and complete documentation of in-place constructed work. ERA will utilized the contractor's information and update the proposed plans to prepare a set of as-constructed record drawings at the completion of the project. 7.2. ERA will provide initial control information and spot check contractor layout. We will also routinely check with the contractor to ensure a complete set of final record drawing information is being prepared. Schedule The work described in this agreement will be performed as expeditiously as weather and other physical conditions permit. The Engineer shall not be liable to the Owner, if delayed in,or prevented from performing the work as specified herein through any cause or causes beyond the control of the Engineer and not caused by his own fault or negligence including acts of God, or the public enemy, inclement weather conditions, acts of the government after the effective date of this agreement, fires,floods, epidemics, strikes,jurisdictional disputes, lockouts, and freight embargoes, Hours and Fees Hours and fees for engineering services described in this proposal are proposed on an hourly not-to-exceed basis in the amount of$181,694.08 as detailed on the attached tabular summary according to state and federal contract requirements, We appreciate the opportunity to submit this proposal and trust that it meets with your approval. If acceptable, please sign the proposal where indicated below and return one(1) copy for our files. Receipt of the final executed contract will serve as authorization to proceed with the project, The attached General Terms and Conditions are expressly incorporated into and are an integral part of this proposal. If you have any questions, please contact me at 630-393-3060x43 or jmayer aneraconsultants.com, Sincerely, ENGINEERING RESOURCE ASSOCIATES, INC. ERA Warrenville John F. Mayer, P.E., C.F.M. JFMIck Attachments Enclosure f Imnois q*-nt Payroll Escalation Table Fixed Raises of Transpa tahon New Formula FIRM NAME ERA Inc. DATE 03108/16 PRIME/SUPPLEMENT Prime PTB NO. CONTRACT TERM 6 MONTHS OVERHEAD RATE 135.70% START DATE 4/412016 COMPLEXITY FACTOR 0 RAISE DATE 411512016 %OF RAISE 3.00% ESCALATION PER YEAR 4/4/2016 - 6 6 100.00% 1.0000 The total escalation for this project would be: 0.00% BDE 027(Rev.2/06) PRINTED 3/8/2016,10:13 AM PAGE 1 Illinois Department of Transportation Payroll Rates FIRM NAME ERA Inc. DATE 03/08/16 PRIME/SUPPLEMENT Prime PTB NO. ESCALATION FACTOR 3.00% CLASSIFICATION CURRENT RATE ESCALATED RATE Professional Engineer VI $70.00 $70.00 Professional Engineer VI $65.80 $67.77 Professional Engineer IV $56.65 $58.35 Professional Engineer III $45.00 $46.35 Professional Engineer II $39.50 $40.69 Professional Engineer 1 $34.63 $35.67 Structural Engineer VI $70.00 $70.00 Structural Engineer III $42.00 $43.26 Staff Engineer III $33.00 $33.99 Staff Engineer II $29.50 $30.39 Staff Engineer $26.00 $26.78 Engineering Tech V $36.00 $37.08 Engineering Tech IV $30.00 $30.90 Engineering Tech 111 $24.25 $24.98 Engineering Intern II $15.00 $15.45 Engineering Intern 1 $12.00 $12.36 Ecological Services Director $42.25 $43.52 Environmental Specialist 1 $25.50 $26.27 Professional Surveyor 1 $41.00 $42.23 Surveyor 111 $24.00 $24.72 Administrative Staff IV $30.00 $30.90 Administrative Staff 111 $25.00 $25.75 Administrative Staff II $21.75 $22.40 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 BDE 027 (Rev. 2/06) PRINTED 3/8/2016, 10:13 AM PAGE 2 Wilms Department Cost Estimate of Transportation Consultant Se (Direct Labor Multiple Firm ERA Inc. Date 03/08/16 Route 22nd Street Beautification and Lighitng Section 13-00046-00-LS Overhead Rate 135.70% County DuPage Job No. Complexity Factor 0 PTB&Item DBE (2.80+R)TIMES DIRECT SERVICES DBE %OF DROP ITEM MANHOURS PAYROLL PAYROLL COSTS BY TOTAL TOTAL GRAND BOX OTHERS TOTAL A B C D) E C+D+E) (C+D+E) Meeting s/Coordination 80 3,526.23 9,873.44 192.00 10,065.44 5.54% Shop Drawings/Submittal Review 54 2,104.42 5,892.36 5,892.36 3.24% Construction Observation 824 30,710.98 85,990.76 1,660.00 20,712.00 108,362.76 59.64% Documentation 160 6,227.79 17,437.82 17,437.82 9.60% Pay Req./Change Order Review 112 5,140.62 14,393.72 75.00 14,468.72 7.96% Project Close-out 152 6,079.31 17,022.07 17,022.07 9.37% Record Drawings 82 2,881.04 8,066.90 378.00 8,444.90 4.65% TOTALS 1464 56,670.38 158,677.08 2,305.00 20,712.00 0.00 181,694.08 100.00% DBE 0.00% BDE 027(Rev.2/06) Printed 318/2016, 10:13 AM Panc'� l�of Transpo�ation' Average Hourly Project Rates >ute 22nd Street Beautification and Lighitng !ction 13-00046-00-LS )unty DuPage Consultant ERA Inc. Date 03/08116 ,b No. "B/Item Sheet 1 OF 2 Payroll Avg Total Project Rates Meetings/Coordination Shop Drawings/Submittal Revi Construction Observation Documentation Hourly Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Classification Rates Part Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg ofessional Engineer VI $70.00 26 1.78% 1.24 2 2.50% 1.75 2 3.70% 2.59 8 0.97% 0.68 ofessional Engineer VI $67.77 76 5.19% 3.52 12 15.00% 10.17 4 7.41% 5.02 16 1.94% 1.32 8 5.00% 3.39 ofessional Engineer IV $58.35 0 ofessional Engineer III $46.35 208 14.21% 6.59 16 20.00% 9.27 8 14.81% 6.87 80 9.71% 4.50 1 40 25.00% 11.59 ofessional Engineer II $40.69 0 ofessional Engineer 1 $35.67 0 ructural Engineer VI $70.00 0 ructural Engineer III $43.26 0 aff Engineer III $33.99 0 aff Engineer II $30.39 332 22.68% 6.89 24 44.44% 13.50 200 24.27% 7.38 48 30.00% 912 aff Engineer 1 $26.78 0 ineering Tech V $37.08 780 53.28% 1 19.76 48 60.00% 22.25 16 29.63% 10.99 520 63.11% 23.40 64 40.00% 14.83 igineerin Tech IV $30.90 0 igineering Tech III $24.98 0 igineering Intern II $15.45 0 igineering Intern 1 $12.36 0 :olo ical Services Director $43.52 0 ivironmental Specialist 1 $26.27 0 ofessional Surveyor 1 $42.23 0 irve or III $24.72 32 2.19% 0.54 Iministrative Staff IV $30.90 0 Iministrative Staff III $25.75 10 0.68% 0.18 2 2.50% 0.64 Iministrative Staff II $22.40 0 0 0 0 0 0 0 0 TOTALS 1464 100% $38.71 0 0% $0.00 80 100% $44.08 54 100% $38.97 824 100% $37.27 160 100% $38.92 BDE 027(Rev.2106) `� of Transpcxtation Average Hourly Project Rates )ute 22nd Street Beautification and Lighitng action 13-00046-00-LS ►unty DuPage Consultant ERA Inc. Date 03/08/16 -b No. 'B/Item Sheet 2 OF 2 Payroll Avg Pay Req/Change Order Review Project Close-out Record Drawings Hourly Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Classification Rates Part. Avg Part Avg Part. Avg Part. Avg Part. Avg Part. Avg ofessional Engineer VI $70.00 8 7.14% 5.00 4 2.63% 1.84 2 2.44% 1.71 ofessional Engineer VI $67.77 24 21.43% 14.52 8 5.26% 3.57 4 4.88% 3.31 ofessional Engineer IV $58.35 ofessional Engineer III $46.351 16 14.29% 6.62 40 26.32% 12.20 8 9.76% 4.52 ofessional Engineer II $40.69 ofessional Engineer 1 $35.67 ructural Engineer VI $70.00 ructural Engineer III $43.26 aff Engineer III $33.99 aff Engineer II $30.391 24 21.43% 6.51 32 1 21.05% 6.40 4 4.88% 1.48 aff Engineer 1 $26.781 1 i ineedng Tech V $37.081 40 35.71% 13.24 60 39.47% 14.64 32 39.02% 14.47 igineerin Tech IV $30.90 i ineering Tech III $24.98 iginee(ing Intem II $15.45 i9ineering Intern 1 $12.36 :ological Services Director $43.52 ivironmental Specialist 1 $26.271 1 ofessional Surveyor 1 $42.231 1 irve or III $24.72 32 39.02% 9.65 Iministrative Staff IV $30.90 Iministrative Staff III $25.751 8 5.26% 1.36 Iministrative Staff II $22.40 TOTALS 112 100% $45.90 152 100% $40.00 82 100% $35.13 0 0% $0.00 0 0% $0.00 0 0% $0.00 BDE 027(Rev. 2106) Illinois Department of Transportation Direct Costs Check Sheet COMPANY NAME: Engineering Resource Associates,Inc. PTB NUMBER:22nd Street Beautification and Lighting Project TODAY'S DATE:2/25/2016 ALLOWABLE •lull Per Diem (per GOVERNOR'S TRAVEL CONTROL Up to state rate maximum • BOARD) $0.00 $0.00 Lodging{per 60�IERNOR S TRAVEL CONTROL ax Actual! (!/p to stela rate mimutf F BOARD) ) Air Fare Coach U 4D $ $QDQ BMW- rate,actual cost,requires minimum two weeks'notice, " with prior IDOT approval $0.00 Vehicia.Mile ga(perGOVERNORSfifZAVEL U to state ratemaximum $0 00 CONTROL OARD p - 3 320 $0 5D - $f SSD DD' ---- _- Vehicle Owned or Leased $32.50/half day(4 hours or less)or$65/full day $0.00 $0.00 Vehicle;Rental = Actual cost(Up;ta$55lday) - Tolls Actual cost X 128 ... g 1.50 Actual cost Pa $192.00 _- Overtime Premium portion(Submit supporting documentation) $0.00 $0.00 Shift Differential gctual cost(Qased on firrri!s pcllcy) _.. ._ Overnight Delivery/Postage/Courier Service Actual cost(Submit supporting documentation) X 10 $7.50 $75.00 Copies;of DellverableslMylars(in house) Actual cost(Sutimit supporting documentat[on)''' X 2 700 $0 10 $2T4 D0 Copses of Deliverables/Mylars(Outside) Actual cost(Submit supporting documentation) X 540 $0.20 $108.00 ProlecSSpeclfic lri urance - Actual cost = - Monuments(Permanent) Actual cost $0.00 $0.00 Photo 1?rocessmg= Actual cost - a ORR z D 2-Way Radio(Survey or Phase ill Only) Actual cost $0.00 $0.00 Telephone Usage f7raffic System Monitoring Onfy) Actual cost - _ CADD Actual cost(Max$151hour) 0.00 $0.00 Web Sjfe Actual cast{Sutimit supporting documentation) _ - - p OD �Q 4D - Advertisements Actual cost Submit supporting ( pporting documentation) $0.00 $0.00 Public Meehng Facility Rental' -? Actual cost(Submit supporting documentation) =- _ $4 Q0 $tlrQ¢i Public Meeting Exhibits/Renderings&Equipment Actual cost-(Submit supporting documentation) $25.00 $0.00 Recording Fees Actual cost - --Transcriptions �- (specific to project) Actual cost $0.00 $0.00 Gourttibuse Fees - Actu cost _ 4 4D Storm Sewer Cleaning and Televising Actual cost(Requires 2-3 quotes with IDOT.approval) $0.00 $0.00 Traffic Control and'rotect[on r = Actual cost(Requires 243 quotes with:IDOT appcAVai) - _ _ D 0D � 1i0➢D, Aerial Photography and Mapping Actual cost(Requires 2-3 quotes with[DOT approval) $0.00 $0.00 Utility Exploratgry Trettchmg OM gctual cost f Requires 2 3 aster with/DOT a rovai Testing of Soil Samples Actual cost $0.00 $0.00 Lah Serufces - Actual cost{Proitide breakdown a#each cost) Equipment and/or Specialized Equipment Rental` Actual cost(Requires 2-3 quotes with IDOT approval) $0.00 $0.00 „..- - -- W .� h$O�p $4 44 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 "- z $0.00 $0.00 - _ - Ego _ $0.00 $0.00 If other allowable costs are needed and not listed,please add in the above spaces provided. LEGEND W.0.=Work Order J.S.=Job Specific PRINTED 2/25/2016 BDE 436(Rev.09/30/13) ITCH ,C"K "UP October 7,2015 creoiing ploces i John Mayer,PE,CFM �' Engineering Resource Associates,Inc. 3 S 701 West Avenue a Warrenville,Illinois 60555 RE: Oak Brook 22"d Street ITEP Enhancements-Construction Services Dear John, Now that Phase 11 documents for the Oak Brook 22'Street ITEP Enhancements project are complete and the project is moving forward for bid letting in January 2015,we understand that the Village has asked Engineering Resource Associates,Inc.(ERA)to provide engineering consulting services during construction. Our role during construction will be to assist ERA related to the enhancement items,including attending a pre-construction meeting with the selected contractor,reviewing shop drawings and product submittals,periodically reviewing the work on-site,issuing interpretations or clarifications to the construction documents if necessary,reviewing the work at substantial completion and preparing a punch list of items to be completed,and attending a final walk through. The work is outlined in more detail in the attached Scope of Services. We will invoice our work on an hourly basis at our standard hourly rates, We understand that the project is scheduled to commence in early spring 2015 and continue for a period of 55 working days. We are available to begin work with your authorization based on this schedule and participate as needed during the construction period. 221 W.Jefferson Menue Thank you for the opportunity to continue to be involved in this important project for the Village of Oak Brook. If you have any questions or wish to discuss this proposal in more detail,please don't Naperville,Illinois 60,540 hesitate to call. 630.961.1737 hitchcxkdeslgngroup.com Sincerely, Hitchcock Design Group Tim King,ASLA Principal Encl: Scope of Services Fee Estimate Standard Billing Rates Pkmning lamfstopeAKh&YAw la tang Ud.ursess perrW mm lingnrerng.t ccne ioeaz a 3aut 7?rtd Stren CPS�ap ni0l57(�„u xcacdai t October 7,2015 Oak Brook 22'Street ITEP Enhancements Page 1 Scope of Services Following award of the work to a Contractor,HDG will provide the following Construction Services. 1. Attend a pre-construction meeting with IDOT and the Contractor to review: a. Contractor mobilization and staging b. Contractor schedules c. Contractor submittals d. responsibilities e, communications f. payment procedures 2. Review shop drawings,product data and material samples which the Contractor is required to submit,but only for the limited purpose of determining their general conformance with the design concept and information contained in the Contract Documents. This review does not include: a, the accuracy or thoroughness of details such as quantities,dimensions,weights or gauges b. the appropriateness of fabrication or installation processes c. coordination of the work with other trades d. safety precautions 3. Visit nurseries local to the project site with the contractor to select certain,specified plant materials including: a. Shade,ornamental and evergreen trees b. Representative shrubs 4. Issue interpretations or clarifications of the Contract documents when requested. 5. Observe the work during construction to become familiarized with the progress and quality of the Contractor's work and to determine if the work is proceeding in general conformance with the contract documents. The work is anticipated to be completed within 55 working days.10 site visits are anticipated at the following times: a. review precast concrete planter curb layout and installation(3 visits) b. review grading and planting bed preparation(2 visit) c. review planting layout and installation(3 visits) d. substantial completion walk through(including preparation of a punch list of items to complete) e. final acceptance walk through(including a recommendation for final acceptance) HITCHCOCK GROUP creating _a:,=ploc8 E� October 7,2015 Oak Brook 22 ad Street ITEP Enhancements Page 2 We will manage the performance of our own work throughout the term of the contract by providing the following services: A. Communications 1. Schedule,create agendas and summarize the highlights of periodic meetings that we lead. 2. Collect and disseminate communications from other parties. 3. Periodically inform your representative about our progress. B. Schedules 1. Keep you informed of our schedule and availability to participate in site visits as required. 2. Coordinate the activities of our staff and our consultants, C. Staffing 1. Select and assign staff members and/or consultants to appropriate tasks and services. D. File Maintenance 1. Establish and maintain appropriate correspondence,financial,drawing and data files. 2. Obtain appropriate insurance certificates from consultants. 3. Maintain appropriate time and expense records. We may provide additional services that are not included in the Basic Services,such as,but not limited to: 1. Additional site visits or meetings not specified in this Scope of Services. 2. Detailed written summaries of our work or our recommendations. 3. Services rendered after the time limitations set forth in this contract. 4. Services required due to the discovery of concealed conditions,actions of others,or other circumstances beyond our control. 5. Services required to restart the project if you suspend our work at your convenience for more than 90 days during the performance of our services. 6. Services rendered after Final Acceptance of the Contractor's work or services rendered more than 60 days after Substantial Completion of the Contractor's work, i If circumstances arise during our performance of the services outlined which we believe require additional services,we will promptly notify you about the nature,extent and probable additional cost of the additional services,and perform only such additional services following your written authorization. HITCHCOCK } ("ft J _y p - GROUP creating. •='it;3 ploci?s TUCK GROUP creating = place`s Village of Oak Brook-22nd Street ITEP Improvements Professional Pees October 7,2015 Hitchcock Design Group Fees Expenses Principal II Assoc I Jr Assoc I sub-total service travel sub-total $180 $100 $80 I I bureau A. Construction Administration 1 Pre-construction mtg(1) 3 3 6 EO 2 Review shop drawings and submittals 1 8 9 3 Visit nurseries to tag plant material 8 8 4 Issue interpretations,clarifications 4 8 8 20 $ SO 5 Site observation visits(10) 8 40 12 60 $ 100 $ 200 Sub-total hours 16 67 20 103 Sub-total fee $ 2,880 $ 6,700 J $ 1,600 $ 11,180 $ 300 $320 $ 620 Project Total $ 11,800 Standard Billing Rates and Expenses Effective April 1,2015 Billing Rates Senior Principal $230 Principal 11 $180 Principal 1 $165 Senior Associate II $150 Senior Associate 1 $125 Associate 11 $110 Associate 1 $100 Junior Associate II $90 Junior Associate 1 $80 Expenses In addition to our standard hourly rates,we invoice authorized sub-consultant fees,travel and reproduction expenses,at 115%of our cost. We will invoice mileage in personal or company-owned cars at 115%of the current IRS reimbursement rate. HITCHCOCK GRCIUP creasing: plcces V foubina EiNGI ` E R I N G I JC. PROPOSAL October 7, 2015/Revised February 10, 2016 To: John Mayer Re: Quality Assurance Testing Services Engineering Resource Associates, Inc. Landscape Medians and Decorative Street Lights 35701 West Avenue, Ste 150 West 22nd Street Warrenville, IL 60555 Oak Brook, IL Phone: 630-393-3060 Rubino Proposal#Q15.332 REV1 Via email: ima�;�nw�eracorsultants com Dear Mr, Mayer, Rubino Engineering, Inc. is pleased to submit the following proposal to provide QA construction materials testing and inspection services on a transportation related project in Oak Brook, IL. PROJECT UNDERSTANDING Rubino Engineering, Inc. received material quantities from you via email October 51h and the following outlines our understanding of the requested scope of services: Project Name and Description Landscaped medians and decorative street lighting improvements are proposed to the streetscape at the intersection of York Road and 22nd Street. These are detailed in the plans prepared by Engineering Resource Associates, Inc and Hitchcock Design Group(dated 3-24-2014). FAU 1453(West 22nd Street) Salt Creek to 1-294/1-88 Spur Ramp Section No. 13-00046-00-LS Project No. TE-OOD1 (943) Village of Oak Brook, DuPage County Job No. C-91-037-14 Contract No. 61A39 General Scope of Services • QA Field testing of uncured concrete—Slump, air, temperature, and casting of cylinders ■ QA Laboratory testing of cured concrete —Strength Extras ■ Re-inspection for failed tests • Work areas not ready for inspection at the time scheduled e Delays by the contractor ■ Cancellations ■ Overtime Rubino Engineering, Inc. proposes to provide experienced, technical personnel to perform the requested testing in general accordance with the client-provided project specifications. If any of the above information is incorrect, please notify us or change it on the signed copy of the proposal. FEES The work will be accomplished on a unit price basis in accordance with the Rubino Engineering, Inc. Schedule of Services and Fees, and will be performed pursuant to the attached General Conditions. Copies of our Schedule of Services and Fees and General Conditions are enclosed herewith and incorporated into this proposal Rubino Engineering,Inc. • 665 Tollgate Rd.. Unit H•Elgin,IL 60123•(847)931.1555•(847)931-1560 fax 22nd Street/nryro venrents Ouality.Assurrrnc'e Testht Services February IQ'fllb Preyosnl:Vo:OI?..r?'REVI Rubino Engineering, Inc,'s fees will be determined by the actual amount of technical time expended for this project and the amount of laboratory testing performed by the client's request. The fees charged under this agreement are subject to change 6 months from the date of the proposal Rubino Engineering, Inc. will proceed with the planned work only after receiving a signed copy of this proposal. Please complete the attached Project Data Sheet before returning the proposal to enable your file to be properly established. d o n v Item Description Z. 0 C EA lA M N Quantity Unit 0 0 0 0 0 0 0 0 0 0 Light Pole Foundation, 24" Diameter 810 FOOT 12 3 1.5 15 2 Portland Cement Concrete Sidewalk 5", special 9138 SF 12 3 1.5 15 1 Portland Cement Concrete Sidewalk 8", special 720 SF 4 1 0.5 5 28 7 3.5 35 3 N EA iA EA Gn , W cn -4 GRAND TOTAL=$4,612.00 N o 0 0 0 0 0 0 0 0 PROJECT SCHEDULING Please contact Tim Dunne on his cell phone to schedule testing services: ' 847-343-0749 tim.dunne ,rubinoeng.com CLOSING Rubino appreciates the opportunity to offer our services for this project and we look forward to working with your company. Please contact me with questions pertaining to this proposal or requests for additional services. Respectfully submitted, RUBINO ENGINEERING, INC. _ President michel le.lipinski(c�rubinoeng.com Rubino F.ttgincering.h1c. Page 2 06 jjid Sn•eet hnprnveurents Testing Services Februan 10.'x116 f'rnpus'a!;bb:QI?.?.i_'RI•.'1-I AUTHORIZATION AND PROPOSAL ACCEPTANCE If this proposal is acceptable to you, Rubino Engineering, Inc, will perform the work in accordance with the attached General Conditions that are incorporated into and made a part of this proposal, Please sign below as notice to proceed and return one copy of this proposal intact to our office. We will proceed with the work upon receipt of signed authorization. 7BY ED TO, THIS DAY OF 2t)_ (pl ease print): TITLE: COMPANY: SIGNATURE: PROJECT INFORMATION: 1. Project Name: 2. Project Location: 3. Your Job No: Purchase Order No.: 4. Project Manager: Telephone No.: 5. Site Contact: Telephone No.: 6. Number and Distribution of Reports: ( ) Copies To: ( ) Copies To: Attn: Attn: Email: Email F OT Section No.: IDOT Contract No.: OT Route No.: County: OT Job No.: IDOT Project No,: City' QC Plan(s) Attached: ❑ 7. Invoicing Address: Attn: Email: 8. Other Pertinent Information Or Previous Subsurface Information Available: Rnbinu Enk"'uw•rhlg'hrc. 1'itge�nj b 2"Street tinprovetnents Dualiq':la'sarrtrre 7e%1ing Serrires Febnew- 10.-'Ulrr 1'rupnsa1 N'o:015.33'R['FI Rubino Engineering,Inc. Schedule of Construction Materials Testing Services&Fees through March 1, 2016(Illinois Prevailing Wage) LABORATORY TESTING SERVICES Compression testing of concrete cylinders by ASTM procedures Per Cylinder $ 17.00 Pick-up of samples and transportation to lab(Does not include vehicle charge) Per hour $ 87.00 Asphalt Maximum Theoretical Specific Gravity Each $ 115.00 Bulk Specific Gravity Each $ 95.00 Ignition Oven Test/Reflux Extraction +Sieve Analysis Each $ 126.00 Core Densities Each $ 40.00 Soils- Density relationship ASTM D698-AASHTO T99(Standard Proctor) Each $ 195.00 ASTM D1557-AASHTO T180(Modified Proctor) Each $ 215.00 Sample preparation for the above tests(clay samples) Each $ 40.00 MATERIAL TESTER-1 -Hand coring and drilling for testing of materials;field inspection of uncured concrete and asphalt. Per Hour $ 89.00 Per Hour Overtime(before 8am,after 5pm and Saturdays) $ 133.50 Per Hour Overtime Sundays and Holidays $ 169.10 MATERIAL TESTER-2-Field inspection of welds, structural steel, fireproofing, masonry,soil, facade,reinforcing steel,formwork, cured concrete, and concrete and asphalt batch plants; adjusting proportions of bituminous mixtures. Per Hour $ 93.00 Per Hour Overtime(before 8am,after 5pm and Saturdays) $ 139.50 Per Hour Overtime Sundays and Holidays $ 176.70 EQUIPMENT CHARGES Vehicle Charge-Round Trip Per Day $ 65.00 Nuclear Density Gage Per Day $ 40.00 GPR Meter Rental Per Day $ 250.00 CORING SERVICES P.C. Concrete or Bituminous Concrete Coring-Personnel&Equipment Per Hour $ 225.00 Diamond Bit Charge, per inch diameter,per inch depth Per Inch $ 3.25 ENGINEERING SERVICES Chief Engineer Per Hour $ 185.00 Project Engineer/Manager Per Hour $ 100.00 Administrative Assistant Per Hour $ 65.00 Report Review Each $ 5000 REMARKS 1) All fees and services are provided in accordance with the attached Rubino Engineering,Inc.General Conditions. 2) Unit prices/rates are in effect for 6 months from the date of this proposal and are subject to change without notice thereafter. 3) Overtime rates are applicable for services performed in excess of 8 hours per day portal to portal,Monday through Friday,before 7:00 AM or after 3:00 PIVI,and for all hours worked on Saturdays,Sundays and holidays.The overtime rate is 1.5 times the applicable hourly rate. 4) All rates are billed on a portal-to-portal basis. 5) Standby time due to delays beyond our control will be charged at the applicable hourly rate. 6) Transportation and per diem are charged at the applicable rates per trip. 7) Rates involving mileage(including transportation,mobilization,vehicle and trip charges)are subject to change based upon increases in the national average gasoline price. 8) A minimum charge of 4 hours applies to field testing and observation services. 9) Scheduling or cancellation of field testing and observation services is required no less than the working day prior to the date the services are to be performed.Services cancelled without advance and/or inadequate notice will be assessed a minimum 4-hour charge. Ruhinu 1"ngineering.lnc. Page 4 q1'6 21"d Street/nrprovemerus Onali{i'Assurance Testing Services Februurr lrl•?Illh Proposal Mw 01 5o 33 1 RE 1.1 10) For all Rubino Engineering,Inc. services,a project management/engineering review charge will be billed for all reports issued for the scheduling/supervision of personnel and the evaluation/review of data and reports. 11) The minimum billing increment for time is a half hour. 12) A project set-up charge of a minimum of two hours applies to all projects. 13) Professional Services rates are exclusive of expert deposition or testimony time. This proposal is based on Rubino Engineering,Inc.being scheduled on an on-call basis and letters of certification will not be provided 14) unless Rubino Engineering. Inc.is notified in advance and Rubino Engineering, Inc.is scheduled for full time inspection and testing of the area or item to be certified. 15) If special inspections are required by the city where the construction is to take place,.it must be brought to the attention of Rubino Engineering,Inc.prior to the start of construction as additional charges will apply. 16) Prevailing wage fees are subject to change based on the Illinois Department of Labor. 17) Services and fees not listed on this schedule may be quoted on request. Rubino L7r ineerin,;./nc. Putt i njh 2T"Sh-cef tin r•ovciucnls 01rrrfll'.Issrn•nnce Ttcstirr,Scrviccs f A )pustrl A'o:0I5,332 REI'/ GENERAL CONDITIONS L PARTIES AND SCOPE OF WORK: Rubino Engineering. Inc.shall �ndude said company or is particular division,subsidiary or affiliate performing the vrcrk. Nork`means the specific gaotechmcal.analytical,testing cr other service to be performed by Ruoino Engineering, Iher as set John in Rubino Engineering,'no's proposal.Clients acceptance thereof and these General Contldions. Additional work ordered by Client shall also be subject to these General Conditions. 'Client refers to the person or business entity ordering the work to be done by Rubino Engineering, Inc. If Client is ordering the work on behalf of another.Client represents and warrants that it is the duty authorized agent of said parry for the purpose of ordering and directing said work. Unless othermse staled in writing,Client assumes sole responsibility for determining whether the quantity and the nature of the work ordered by the client is adequate and sufficient for Client's intended purpose. Client shall communicate these General Conditions to each and every third party to whom Client transmits any part of Rubino Engineering.Inc.'s•S'ork. Rubino Engineering,Ina shall have no duty or obligation to any third party greater than that set forth in Rubino Engineering,Inc.'s proposal.Client s acceptance!hereof and these General Conditions. The ordering of vrcrk from Rubino Engineering,Inc.,or the reliance on any of Ruoino Engmeenng.Ind.'s work.shall constitute acceptance of the terms of Rubino Engineering.Inc.s proposal and these General Conditions,regardless of the terms of any subsequently issued document. 2.TESTS AND INSPECTIONS: Client shall cause all tests and inspection of the site.materials and work performed by Rubino Engineering,Inc.or others to be timely and properly performed;n accordance with the plans,specifications and contract documents and Rubino Engineering.Inc.'s recommendations. No claims for loss.damage or injury shall oy brought against Rubins Engineering. Inc.by Client or any third party unless all tests and inspections have been so performed and unless Rubino Engineering,Inc.a recommendations have been followed. Client agrees to indemnity, defend and hold RUBINO ENGINEERING.INC..its officers,employees and agents harmless from any and all claims,suits,losses,casts and expenses.including.but not timiled to,court costs and reasonable attorney s fees in the event that all such tests and inspections are not so performed or Rubino Engineering,Inc.'a recommendations are riot so followed except to the extent that such failure is the result of the negligence.wilful or'Nanlon act of omission of Ruoino Engineering,Inc..its officers,agents or employees,subject to the limitation contained in paragraph 9. 3.SCHEDULING OF WORK: The services set forth in Rubino Engineering.Inc.'s proposal and Clieni s acceptanca mil be accomplished in a timely,workmanlike and.professional manner oy RUBINO ENGINEERING.INC.personnel at the prices quoted. If Rubino Engineering,Inc.is required to delay commencement of the work or if,upon embarking upon is work,Rubino Engineering,Inc.is required to stop or interrupt the progress of its work as a result of changes in the scope of the work requested by Client,to fulfill the requirements of third parties,interruolions in the progress of construction.or other causes beyond the airect reasonable control of Rubino Engineering.Inc.,additional charges will be applicable and payable by Client 4.ACCESS TO SITE: Client vdii arrange and provide such access to the site as is necessary for Rubino Engineering,Inc.to perform the work. Rubino Engineering,Inc.shall take reasonable measures and precautions to minimize damage to the site and any improvements located thereon as the result of its work or the use of Its equipment:however.Rubino Engineering.Inc.has not included in its fee the cost of restoration of damage:nhich may occur. If Client desires or requires Rubino Engineering,Inc.to restore the site to its former condition.upon written request Rubino ',.. Engineering.Inc.%vill perform such additional work as Is necessary to do so and Client agrees to pay Rubino Engineenng,Inc.for the cost. '.. S.CLIENT'S DUTY TO NOTIFY ENGINEER: Client represents and warrants!hat it has advised Rubino Engineering,Inc.of any known or suspected hazardous materials,uoli(y lines and pollutants at any site at which Rubino Engineering.Inc.is to do work hereunder and unless Rubino Engineering,Inc.has assumed'.n writing the responsibility of locating subsurface objects.structures.lines or conduits. Client agrees to defend,indemnity and save Ruoino Engineering.Inc.harmless from all claims.suits,loses costs and expenses.including reasonable aflemey's'ees as a result of personal injury•death or property damage occurring with respect to Rebind Engineering,Inc.'s performance of its work and resulting(o or caused by contact with suosurface of latent oclects,structures"lines or conduits where the actual or potential presence and location thereof were not revealed to Rubino Engineering.Inc.by Client. 6.RESPONSIBILITY: Rubio Engineering,Inc.'s work shall not:nefude determining supervising or implementing the means.methods.techniques.sequences or procedures of construction. Rubino Engineering,Inc.shall not be responsible for evaluating,reporting or mooting jot)conditions concerning health,safety or'melfare, Rubino Engineering,Inc.s work or failure to perform same shad not in any way excuse any contractor.subcontractor or supplier from performance of its work in accordance•Adth the contract documents. Rubino Engineering,Inc.has no ndnt or duly to stop the contractors Nofk, 7.SAMPLE DISPOSAL: Unless othenrase agreed in writing,test specimens or samples vn(I be disposed immediately upon completion of the lest, Al drilling samples or specimens smolt be disposed sixty(60)days after submission of Rubino Engineering,Inc.'s report. '.. 8.PAYMENT: Client shall be invoiced once each month for work performed during the preceding period.Client agrees to pay each invoice wihin thirty(30)days of its receipt.Client further agrees to pay interest an all amounts invoiced and not paid or objected to for valid cause in writing with said thirty f3o)day period at the rate of eighteen(18)percent per annum(or the maximum interest rate permitted under applicable law),until paid. Client agrees to pay Rubino Engineering,Inc.'s cost of collection of all amounts due and unpaid after sixty(60)days,including court costs and reasonable attorney's fees. Rubino Engineering,Inc.shall not be bound by any provision or agreement requiring or providing for arbitration or disputes or controversies arising out of this agreement,any provision wherein Rubino Engineering,Inc.waives any rights to a mechanics lien,or any provision conditioning Rubino Engineering,inc.'a night to receive payment for its:cork upon payment to Client by any third party. These General Conditions are notice,where required,that Rubino Engineering,Inc,shall file a lien whenever necessary to collect past due amounts. Failure to make payment•.within thmy (30)days of invoice shall constitute a release of Rubino Engineering,Inc.from any and all claims which Client may have,whether in tort,contract or otherwise and whether known or unknown at the lime_ 9.WARRANTY: RUBINO ENGINEERING.INC:S SERVICES'MLL BE PERFORMED.ITS FINDINGS OBTAINED AND ITS REPORTS PREPARED IN ACCORDANCE WITH ITS PROPOSAL. CLIENT'S ACCEPTANCE THEREOF.THESE GENERAL CONDITIONS AND WITH GENERALLY ACCEPTED PRINCIPLES AND PRACTICES. IN PERFORMING ITS PROFESSIONAL SERVICES, RUBINO ENGINEERING,INC.WILL USE THAT DEGREE OF CARE AND SKILL ORDINARILY EXERCISED UNDER SIMILAR CIRCUMSTANCES BY MEMBERS OF ITS PROFESSION. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS.EITHER EXPRESSED OR IMPLIED. STATEMENTS MADE IN RUBINO ENGINEERING,INC.REPORTS ARE OPINIONS BASED UPON ENGINEERING JUDGMENT AND ARE NOT TO BE CONSTRUED AS REPRESENTATIONS OF FACT, SHOULD RUBINO ENGINEERING,INC.OR ANY OF ITS PROFESSIONAL EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF ITS WORK.OR TO HAVE MADE AND BREACHED ANY EXPRESSED OR IMPLIED WARRANTY,REPRESENTATION OR CONTRACT,CLIENT,ALL PARTIES CLAIMING THROUGH CLIENT AND ALL PARTIES CLAIMING TO HAVE IN ANY WAY RELIED UPON RUBINO ENGINEERING.INC.S WORK,AGREE THAT THE MAXIMUM AGGREGATE AMOUNT OF THE LIABILITY OF RUBINO ENGINEERING,INC..ITS OFFICERS.EMPLOYEES AND AGENTS SHALL BE LIMITED TO$10,000.00 OR THE TOTAL AMOUNT OF THE FEE PAID TO RUBINO ENGINEERING.INC.FOR ITS WORK PERFORMED WITH RESPECT TO THE PROJECT,WHICHEVER AMOUNT IS GREATER, NO ACTION OR CLAIM,WHETHER IN TORT.CONTRACT OR OTHERWISE, MAY BE BROUGHT AGAINST RUBINO ENGINEERING. INC.,ARISING FROM OR RELATED TO RUBINO ENGINEERING.INC.'S WORK.MORE THAN TWO f2)YEARS AFTER THE CESSATION OF RUBINO ENGINEERING.INC.'S WORK HEREUNDER. '.... 10.INDEMNITY: Subject to the foregoing limitations.Rubino Engineering.Inc.agrees to indemnify and hold Client harmless from and against any and all claims,suits,costs and expenses including reasonable attorney a fees and court costs arising out of Rubino Engineering,Inc.'s negligence to the extent of RUBINO ENGINEERING,INC.a negligence. Client shall provide the same protection to the extent of its negligence. In the event that Client or Client's principal shall bring any suit,cause of action,claim or counterclaim against Rubino Engineering,Inc..the party initiating such action shall pay to Rubino Engineering.Inc.the costs and expenses incurred by Rubino Engineering,Inc.to investigate,answer and defend it,including reasonable attorneys and witness fees and court costs to the extent that Rubino Engineering,Inc.shad prevail in such suit. '.. 11.TERMINATION: This Agreement may be terminated oy either perry upon seven(7)days'prior wniten notice. In the event of termination.Rubino Engineering,Inc.snail be compensated by Client for all services performed up to and;ncluding the termination dale,including reimbursable expenses and for the completion of such sarvices and records as are necessary to place Rubino Engineering. Inc.s files in order anal/or protect its professional reputation. 12.EMPLOYE ESIWITNESS FEES: Rubino Engineering,Inc.'s employees shall not be retained as expert witnesses except by separate hmtlen agreement. Client agrees to pay Rubino Engineering, Inc."s legal expenses.administrative costs and fees pursuant to Rubino Engineering,Inc.'s then current fee schedule for Rubino Engineering,Inc.to respond to any subpoena. Client agrees not to hire Rubino Engineering,Inc.'s employees except through Rubino Engineering,Inc. In the event Client hires a Rubino Engineenng,Inc.employee,Client shall pay Rubino Engineering,Inc"an amount equal to one-half of the employee's annualized salary.with Rubino Engineering.Inc.waiving other remedies it may have. 13,HAZARDOUS MATERIALS: Nothing contained within this agreement shall be construed or interpreted as requiring Rubino Engineering,Inc.to assume the status of an owner,operator. generator,stofer,transporter,treater or disposal facility as those terms appear•mthin RCRA of wdhin any Federal or State statute or regulation governing the generation,transportation,treatment, storage and disposal of pollutants. Client assumes full responsibility for compliance with the provisions of RCRA and any other Federal or State statute or regulation governing the handling,treatment, storage and disposal of pollutants. 14.PROVISIONS SEVERABLE: The parties have entered into this agreement in good faith and it is the specific intent of the parties that the terms of the General Conditions be enforced as written. In the event any of the provisions of hose General Conditions should be found to be unenforceable.it shall oe stricken and the remaining provisions shall be enforceable. IS.ENTIRE AGREEMENT; This agreement constitutes the entire understanding of the parties,and there are no representations,warranties or undertakings made other than as set forth herein, This agreement may be amended,modified or terminated only in'writing,signed by each of the parties hereto. Ruhino Enghieentng,Inc, Page 6 of Design;GroupJ, ' Outline Prepared For: Engineering Resource Associates 35701 West Ave Suite 150 Warrenville, IL 60555 Attn: John Mayer Prepared By: FRS Design Group (FRS) 2901 International Lane Suite 200 Madison, WI 53704 Mr. Dan Feick Date: October 8, 2015 Project: Irrigation Design/Consulting Services 22nd Phase II Oak Brook, IL Part I Bidding/Submittals FRS has not included attending the pre-bid meeting, but will field any questions that may arise at this point of the project. This will include tasks such as 'approving equal' equipment from various suppliers and clarifying questions from the contractor. If needed, we will also assist in preparing any needed addendums to the project. Once the bids are received, we may review the irrigation bids and advise the client of any concerns, FRS will assist in evaluating the irrigation bids for construction as required by the client. FRS will review any shop drawings that may submitted. This is only necessary if the contractor has an approved product substitution that requires a redesign by the contractor. We will also review product submittals for the project and respond with comments or approvals for products to be used. Part 2 Construction Observations FRS will review the submittals provided by the contractor, FRS will be on-site twice (2) during the installation of the system. During these visits,we will provide construction observation services to ensure that the system is installed per the design. FRS will report on construction progress, quality and conformance of the work. Once the system is complete and fully operational, we will provide one (1) on-site visit to provide the contractor with a punch list to complete prior to final acceptance. Once the punch list is complete, we will return for a final visit (1) and complete a final walk through and acceptance of the project. Site visits will be billed on a per trip fee basis. Deliveries FRS will provide the client with drawings in AutoCadd format. FRS will provide specifications in MicroSoft Word format. FRS will require the client to provide base drawings in AutoCadd format. Fee Proposal Part 1 Bidding/Submittals $ 500.00 Part 2 Construction Services Phase 2 visits during construction 1 visit for project punch list 1 visit for final punch list Per trip charge $950.00 4 visits scheduled @ $950.00 = $3800.00 Trip charge includes mileage, field report, travel and on-site time, motels and meals. If additional trips are required or deleted, they will be at the above per trip rate, On behalf of FRS, I would like to thank you for the opportunity to provide you with our proposal for irrigation design services. Acceptance of proposal: Engineering Resources Associates FRS Design Group Date Date 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. j 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. I i I