R-1633 - 04/11/2017 - ENGINEERING - Resolutions RESOLUTION 2017-ENG-PW-AG-R-1633
A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION
OF A PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE VILLAGE OF OAK BROOK
AND CHRISTOPHER B. BURKE ENGINEERING, LTD
IN RELATION TO MUNICIPAL ENGINEERING SERVICES
WHEREAS, the Village desires to retain an engineer to provide engineering services
("Engineering Services"); and
WHEREAS, in November 2016 the Village advertised for a Request for Qualifications for
Municipal Engineering Services ("RFQ'I and fourteen Engineering firms ("Firms'l submitted
qualifications; and
WHEREAS, after review of the fourteen submissions, the top four Firms were interviewed in
February 2017; and
WHEREAS, based on the interview process, Staff determined that two of the four Firms should
be retained; and
WHEREAS, Christopher B. Burke Engineering ("Burke'l was selected to focus on public works
projects and activities; and
WHEREAS, the Village and Burke desire to enter into and execute an agreement for Burke to
provide the Village with Municipal Engineering Services ("Agreemenf'); and
WHEREAS, the President and Board of Trustees have determined that it is in the best interests of
the Village to enter into the Agreement in a final form approved by the Village Manager and the Village
Attorney;
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Approval of the Agreement. The President and Board of Trustees hereby
approve the Agreement by and between the Village and Burke.
Section 3: Authorization and Execution of the Agreement. The Village President and Village
Clerk shall be, and hereby are, authorized to execute the final Agreement on behalf of the Village after
review and approval of the final form of the Agreement by the Village Manager and the Village Attorney.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Resolution 2017-ENG-PW-AG-R-1633
Engineering Services for Public Works'Projects
Page 2 of 2
APPROVED THIS 11th day of April, 2017
C �
Gopal G. Lalmalani
Village President
PASSED THIS 11th day of April, 2017
Ayes: Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf
Nays: None
Absent: None
ATTEST:
Charlotte K. Pruss
Village Clerk
rY�
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REVIEW OF CONTRACTS
Awardin Agency: rTy a of Contract:
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Department: Pro r m/Account Number:
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Awarded Contract Price: Budgeted Amount:
[—j Under $20,000 E-1 $500,001 - $1,000,000
$20,000 - $500,000 0 Over $1,000,000
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Name: Date:
Name: Date: �t
Name: Dater _ _l
Name. Date:
Three (3) Originals signed by other party Date/Initials `Zf`317
Original provided to staff member for other party Date/Initials AS 1
�j Original provided to Official Files Date/Initials
Village of Oak Brook I Approved by Board of Trustees- Date/Initials:
MUNICIPAL ENGINEERING SERVICES AGREEMENT
VILLAGE OF OAK BROOK
THIS AGREEMENT, made and entered into this Ylrday of April, 2017, by and
between Christopher B. Burke Engineering, Ltd. (hereinafter referred to as "ENGINEER")
and the Village of Oak Brook, a municipal corporation (hereinafter referred to as "VILLAGE")
covers certain professional engineering services in connection with Municipal Engineering
Services,(hereinafter referred to as"PROJECT").
The VILLAGE wishes to retain ENGINEER for these certain professional engineering
services and ENGINEER is willing to perform such services for the compensation and in
accordance with the tennis and conditions described in this Agreement.
NOW, THEREFORE, in consideration of the mutual benefits, covenants and agreements
contained within this Agreement,the parties agree as follows:
I SCOPE OF SERVICES
ENGINEER agrees to perform engineering consulting services as defined in the Scope of
Services attached as Appendix I and made a part of this Agreement.
2. COMPENSATION AND PAYMENT
ENGINEER shall be paid by VILLAGE for all services stipulated within this Agreement
according to the Compensation Schedule attached as Appendix 11 and made a part of this
Agreement.
Payment to ENGINEER shall be made by VILLAGE upon receipt of ENGINEER'S
monthly invoice. The invoice shall consist of a summary of direct labor hours by
ENGINEER'S standard job classification times the respective factors as depicted in
Appendix 11 plus listing of reimbursable costs incurred with copies of appropriate
invoices. The invoice will state the phase of work for -which it applies, if a multi-phase
scope is used (e.g., design, construction, etc.). If VILLAGE identifies an item in the
invoice which appears to be in error, VILLAGE may withhold the amount in question,
pay the balance of the invoiced amount, and provide ENGINEER with a statement
concerning the questioned item. Alternatively, VILLAGE may pay the invoiced amount
in full, provide ENGINEER with a statement of the questioned item. and an adjustment,
if appropriate, will be made in the next subsequent invoice submitted by ENGINEER.
Engineer will mark "Invoice number and final" on the invoice which closes
out this contract or a phase of the contract.
If VILLAGE fails to make any payment due ENGINEER for services and expenses,
including amounts wrongly withheld, within thirty (30) days after submittal of
ENGINEER'S billing thereof, the amounts due ENGINEER shall include a charge at the
rate of one percent (1.0) per month from such thirtieth (30th) day; and, in addition, the
ENGINEER may, after giving seven (7) days written notice to VILLAGE, suspend
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under this Agreement until it has been paid in full the amounts due it for services and
expenses. During the period of any such suspension, the parties shall have the same rights
and obligations as are provided by Subsection 5(e) of this Agreement.
3. TIME SCHEDULE
The services required by this Agreement shall be completed in accordance with the Time
Schedule attached as Appendix III and made a part of this Agreement. It is recognized by
the parties that the Time Schedule may be contingent upon factors beyond the control of
either party. Both parties will take all reasonable steps to adhere to the Time Schedule.
4. TERM OF AGREEMENT
Unless extended by amendment, this Agreement shall terminate at the time of receipt of
final payment by the ENGINEER, provided that all warranties and representations shall
survive said final payment.
5. GENERAL TERMS AND CONDITIONS
a. Modification
The nature and the scope of services specified in this Agreement may only be
modified by written amendment to this Agreement approved by both parties.
b. Relationship between ENGINEER and VILLAGE
ENGINEER shall serve as VILLAGE'S professional engineering consultant in
those phases of the PROJECT to which this Agreement applies. The relationship is
that of a buyer and seller of professional services, and it is understood that the
parties have not entered into any joint venture or partnership with the other.
C. Responsibility of the ENGINEER
That all plans and other documents furnished by the ENGINEER pursuant to this
Agreement will be endorsed by him and will show his professional seal where such
is required by law.
Notwithstanding anything to the contrary which may be contained in this
Agreement or any other material incorporated herein by reference, or in any
agreement between VILLAGE and any other party concerning the PROJECT,
ENGINEER shall not have control or be in charge of and shall not be responsible
for the means,methods,techniques,sequences or procedures of construction,or the
safety, safety precautions or programs of VILLAGE, the construction contractor,
other contractors or subcontractors performing any of the work or providing any of
the services on the PROJECT, nor shall ENGINEER be responsible for the acts or
omissions of VILLAGE provided that the ENGINEER has properly executed his
duties. ENGINEER shall not be responsible for the failure of VILLAGE, any
architect, engineer, consultant, contractor or subcontractor to carry out their
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subcontractor to carry out their respective responsibilities in accordance with the
PROJECT documents, or any other agreement concerning the PROJECT. Any
provision which purports to amend this provision shall be without effect unless it
contains a reference that the content of this Subsection 5(c) is expressly amended
for the purposes described in such amendment and is signed by ENGINEER.
d. Corrections
In the event plans, surveys or construction staking is found to be in error and
revisions of the plans or survey or construction staking are necessary, the
ENGINEER agrees that he will perform such work without expense to the
VILLAGE, even though final payment has been received by him. He shall give
immediate attention to these changes so there will be a minimum delay to the
contractor.
e. Suspension of Services
VILLAGE may, at any time, by written order to ENGINEER (Suspension of
Services Order), require ENGINEER to stop all, or any part of, the services
required by this Agreement. Upon receipt of such an order, ENGINEER shall
immediately comply with its terms and take all reasonable steps to minimize the
occurrence of costs allocable to the services covered by the order.
ENGINEER will not be obligated to provide the same personnel employed prior
to suspension when the services are resumed, in the event the period of any
suspension exceeds thirty (30)days.
f. Termination
1) The VILLAGE shall have the right to terminate this Agreement with or
without cause upon serving thirty (30) days written notice upon the other
party.
2) Upon such termination, the liabilities of the parties to this Agreement shall
cease, but they shall not be relieved of the duty to perform their
obligations up to the date of termination. All warranties and the provisions
of Section 5, Paragraph I shall be in full force and effect after termination.
3) Upon such termination, ENGINEER shall cause to be delivered to the
VILLAGE all drawings, specifications, partial and completed estimates,
and any and all other data concerning the PROJECT which ENGINEER is
then accomplishing for the VILLAGE. ENGINEER shall be paid for any
services completed and any services partially: completed in accordance
with Sections 2 and 3.
g. Warranties
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In addition to the covenants herein made, the ENGINEER represents and certifies
that its engineering services shall be performed in accordance with the standards
of professional practice, care, and diligence practiced by recognized engineering
firms in the industry in performing services of a similar nature in existence at the
time of performance. The representations and certifications expressed shall be in
addition to any other representations and certifications expressed in this
Agreement, or expressed or implied by law, which are hereby reserved unto the
VILLAGE.
h. Representations
In addition to the covenants herein made,the ENGINEER represents and agrees:
1) That all plans and special provisions to be furnished by the ENGINEER
pursuant to this Agreement will be in accordance with the current standard
specifications and policies of the VILLAGE, it being understood that all
such plans and drafts shall, before being finally accepted, be subject to
approval by the VILLAGE.
2) That he has not employed or retained any company or person, other than a
bona fide employee working solely for the ENGINEER, to solicit or
secure this Agreement, and that he has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for
the ENGINEER, any fee, commission, percentage, brokerage fee, gifts, or
any other consideration, contingent upon or resulting from the award or
making of the Agreement. For breach or violation of this warranty, the
VILLAGE shall have the right to annul this Agreement without liability,
or in its discretion to deduct from the Agreement price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift,or contingent fee.
3) The ENGINEER represents and certifies that the ENGINEER is not barred
from contracting with a unit of state or local government as a result of (1)
a delinquency in the payment of any tax administered by the Illinois
Department of Revenue, unless the ENGINEER is contesting, in
accordance with the procedures established by the appropriate revenue act,
its liability for the tax or the amount of the tax, as set forth in Section 11-
42.1-1 et seq. of the Illinois Municipal Code, 65 ILCS 5/11-42.1-1 et seq.,;
or (2)a violation of either Section 33E-3 or Section 33E-4 of Article 33E
of the Criminal Code of 1961, 720 ILCS 5/33E-1 et seq. ENGINEER
represents that the only persons, firms, or corporations interested in this
Agreement as principals are those disclosed to the VILLAGE prior to the
execution of this Agreement, and that this Agreement is made without
collusion with any other person, firm, or corporation. If at any time it
shall be found that the ENGINEER has, in procuring this Agreement,
colluded with any other person, firm, or corporation, then the ENGINEER
shall be liable to the Village for all loss or damage that the VILLAGE may
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suffer, and this Agreement shall, at the VILLAGE's option, be null and
void.
4) That he is qualified technically and is conversant with the policies
applicable to the PROJECT; and that he has and will furnish sufficient,
properly trained and experienced personnel to perform the services
enumerated herein.
5) That he will not employ, for the duration of this Agreement, any person
presently employed by the VILLAGE without the written consent of the
VILLAGE,
6} ENGINEER represents and certifies that, to the best of its knowledge: (1)
no elected or appointed VILLAGE official, employee or agent has a
personal financial interest in the business of ENGINEER or in this
Agreement, or has personally received payment or other consideration for
this Agreement; (2) as of the date of this Agreement, neither ENGINEER
nor any person employed or associated with ENGINEER has any interest
that would conflict in any manner or degree with the performance of the
obligations under this Agreement; and (3) neither ENGINEER nor any
person employed by or associated with ENGINEER shall at any time
during the term of this Agreement obtain or acquire any interest that
would conflict in any manner or degree with the performance of the
obligations under this Agreement.
i. Documents Property of VILLAGE
Drawings, specifications, reports, and any other documents prepared by
ENGINEER in connection with any or all of the services furnished hereunder
shall be the property of VILLAGE and the VILLAGE shall obtain any and all
intellectual property rights in the drawings, specifications, reports, and documents
prepared by ENGINEER in connection with any and all of the services furnished
hereunder. ENGINEER shall have the right to retain copies of all documents and
drawings for its files. All construction drawings shall be prepared electronically
using MICROSTATION software. Paper copies will be provided to the
VILLAGE, in full-size (24" x 36") or quarter-size (l I" x 17") as requested.
Electronic design files will also be transferred to the VILLAGE.
If construction services are a part of the ENGINEER'S work, he will create
electronic "As-Built" conditions and will deliver them to the VILLAGE within
thirty (30) days after completion of construction and before final payment to the
ENGINEER. ENGINEER.will title these files"Record Drawings".
If construction services are not part of the ENGINEER'S work, he will deliver
electronic MICROSTATION files to the VILLAGE upon request and before final
payment to the ENGINEER.
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j. Access to Records
The ENGINEER shall maintain all books, documents, papers, accounting records
and other evidence pertaining to his costs incurred by reason of this Agreement
and agrees to make such material available, at his office at the address indicated
in Section 5, Paragraph u of this Agreement,at all reasonable times during the life
of this Agreement and for a period of three (3) years from the date of final
payment of the obligations of this Agreement by the VILLAGE or such longer
time as requested by the VILLAGE, for inspection by personnel of the
'PILLAGE, or any authorized representative of the VILLAGE, and copies thereof
shall be furnished if requested. The cost of any copies shall be paid by the
VILLAGE.
k. Reuse of Documents
All documents, including drawings and specifications furnished by ENGINEER
pursuant to this Agreement, are intended for use on the PROJECT only. They
should not be used or modified by VILLAGE or others on extensions of the
PROJECT or any other project without specific written verification or adaptation
by ENGINEER. Any reuse or modification without written verification or
adaptation by ENGINEER shall be at VILLAGE'S sole risk.
1. Indemnification
ENGINEER agrees to indemnify, hold harmless, and defend (or pay the
VILLAGE for the costs of defense if the Village so desires in its sole discretion)
the VILLAGE and any of its officers, employees, or agents from and against all
liability, claims, demands, and causes of action arising out of or related to any
loss, damage, injury, death, or loss or damage to property resulting from any
negligence, errors or omissions by the ENGINEER in the performance of this
Agreement.
In the event of joint or concurrent negligence of ENGINEER and VILLAGE,
each shall bear that portion. of the loss or expense that its share of the joint or
concurrent negligence bears to the total negligence(including that of third parties)
which caused the personal injury or property damage.
m. Entire Agreement
This Agreement sets forth all the covenants, conditions and promises between the
parties. There are no covenants, promises, agreements, conditions or
understandings between the parties, either oral or written, other than those
contained in this Agreement and the attached Rider No. 1.
n. Governing Law
This Agreement shall be governed by the laws of the State of Illinois both as to
interpretation and performance.
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o. Successors and Assigns
The terms of this Agreement shall be binding upon and inure to the benefit of the
parties and their respective successors and assigns; provided, however, that
neither party shall assign this Agreement in whole or in part without the proper
written approval of the other.
P. Waiver of Contract Breach
The waiver of one party of any breach of this Agreement or the failure of one
party to enforce at any time, or for any period of time, any of the provisions
hereof, shall be limited to the particular instance, shall not operate or be deemed
to waive any future breaches of this Agreement, and shall not be construed to be a
waiver of any provision,except for the particular instance.
q. Severability of Invalid Provisions
If any provisions of this Agreement shall be held to contravene or be invalid
under the laws of any particular State, County or jurisdiction where used, such
contravention shall not invalidate the entire Agreement, but it shall be construed
as if not containing the particular provision or provisions held to be invalid in the
particular State. County or jurisdiction and the rights or obligations of the parties
hereto shall be construed and enforced accordingly.
r. Force Majeure
Neither VILLAGE nor ENGINEER shall be liable for any fault or delay caused
by any contingency beyond their control, including, but not limited to, acts of
God,wars, strikes, walkouts, fires, or natural calamities.
S. Access and Permits
VILLAGE shall arrange for ENGINEER to enter upon public and private
property and shall obtain all necessary approvals and permits required from all
governmental authorities having jurisdiction over the PROJECT.
t. Designation of Authorized Representatives
Each party shall designate one or more persons to act with authority in its behalf
in respect to appropriate aspects of the PROJECT. The persons designated shall
review and respond promptly to all communications received from the other
party-
U. Address for Notices
Whenever it is provided in this Agreement that notice shall be given or other
communication sent to ENGINEER, such notices or communications shall be
delivered or sent to;
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Christopher B. Burke Engineering, Ltd.
9575 West Higgins Road
Suite 600
Rosemont, Illinois 60018
Attn: Orion Galey,PE
Whenever it is provided in this Agreement that notice shall be given or other
communication sent to the VILLAGE, such notices or communications shall be
delivered or sent to:
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, Illinois 60523
Attn: Doug Patchin
Director of Public Works
Notices personally delivered or sent via U.S. Mail, postage prepaid, shall be
deemed,for all purposes,proper notice,
V. Insurance
ENGINEER agrees to obtain and maintain, for the term of this Agreement, and
for a period of twelve (12) months after The services contracted for hereunder
have been completed, insurance hereinafter provided, furnishing a certificate or
certificates of insurance to the VILLAGE prior to commencing work under this
Agreement. The certificate or certificates of insurance shall be in a form
satisfactory to the VILLAGE from companies authorized to do business in Illinois
and shall provide that the policies referred to shall not be canceled or changed
without first giving thirty (30) days written notice thereof to the VILLAGE. Said
insurance requirements are attached as Appendix IV and made a part of this
Agreement("REQUIRED INSURANCE POLICIES").
The VILLAGE shall be named as an additional insured and a cancellation notice
recipient on all Required Insurance Policies.
W. Additional Services
ENGINEER shall supply such additional services as requested in writing by
VILLAGE and agreed to by ENGINEER in connection with the PROJECT.
Separate proposals shall be submitted by ENGINEER for furnishing these
additional services. Compensation for such additional services shall be negotiated
by the parties and included in this Agreement by a written amendment.
ENGINEER shall supply such additional services as requested in writing by
VILLAGE and agreed to by ENGINEER in connection with the PROJECT.
Separate proposals shall be submitted by ENGINEER for furnishing these
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additional services. Compensation for such additional services shall be negotiated
by the parties and included in this Agreement by a written amendment.
X. Time
Time is of the essence in the performance of all terms and provisions of this
Agreement.
Y. Third Party Beneficiary
No claim as a third party beneficiary under this Agreement by any person, firm,or
corporation shall be made or be valid against the Village.
Z, Conflicts
If any provisions of this Agreement conflict with any provisions of the attached
appendices,the provisions of this Agreement shall control.
IN WITNESS WHEREOF, the parties set their hands and seals on the date first written
above.
VILLA OF OAK BROOK ATTEST:
A MKqZecipall Co oration
Village President Village Clerk
Christopher B. Burke Engineering, Ltd. ATTEST:
Duly Authorized Officer
OFFICIAL SEAL
SHr-R.QY SPOR ORINA
NOT;-",RY PUBUC, STATE OF ILLINOIS
Expires Aug 13, 2019
_!T
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APPENDIX I
SCOPE OF SERVICES
Per Village Engineer Master Agreement submitted by Christopher B. Burke Engineering, Ltd.
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APPENDIX 11
COMPENSATION SCHEDULE
Per Village Engineer Master Agreement submitted by Christopher B. Burke Engineering,Ltd.
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APPENDIX III
TIME SCHEDULE
Per Village Engineer Master Agreement submitted by Christopher B. Burke Engineering,Ltd.
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APPENDIX IV
Insurance
Engineer shall maintain for the term of this Agreement,and for a period of twelve months
after the services is contracted for hereunder have been completed, insurance policies covering:
I. Workers Compensation: Statutory.
2. Employers Liability Insurance:
$1,000,000 injury-per occurrence
$500,000 disease-per employee
$1,000,000 disease-policy limit
Such insurance shall evidence that coverage applies in the State of Illinois.
3. Comprehensive General Liability Insurance:
$2,000,000 per occurrence combined single limit. Coverages shall include Broad
Form Property Damage Endorsements and Blanket Contractual Liability(must
expressly cover the indemnity provisions of the Agreement).
4. Comprehensive Automobile Liability Insurance:
$1,000,000 combined single limit, any auto.
5. Professional Liability Insurance (errors and omissions):
$1,000,000 per claim and $2,000,000 in aggregate.
6. Umbrella or excess liability:
The required coverages may be in any combination of primary,excess, and
umbrella policies. Any excess or umbrella policy must provide excess coverage
over underlying insurance on a following-form basis such that when.any loss
covered by the primary policy exceeds the limits under the primary policy,the
excess or umbrella policy becomes effective to cover such loss.
7. Engineer will provide the Village with a certificate of insurance and additional
insured endorsement showing the Village added to the General Liability Insurance
as an additional insured.
8. Coverage shall not be suspended, voided, canceled, or reduced except after thirty
(30) days prior written notice by certified mail has been given to the Village. If a
standard Certificate of Insurance form is used with a cancellation clause, the
words "endeavor to" and "but failure to mail such notice shall impose no
obligation or liability of any kind upon the company, its agents or representatives"
will be stricken or crossed out.
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VILLAGE ENGINEER MASTER AGREEMENT
his Agreement, made and entered into by and between the Village of Oak Brook, Illinois
lage") and Christopher B. Burke Engineering, Ltd. ("CBBEL"); has been prepared and
d to provide professional consulting engineering services while retained as Village Engineer.
In consideration of the agreements made herein,the parties agree to the terms,provisions and
editions as set-forth in this Agreement.
Obligations of CBBEL
1. Services. CBBEI:, is retained as the Village Engineer principally for Regulatory and
Capital Improvement purposes. Another firm will serve as Village Engineer for Development
purposes. Where there are overlaps in services, the staff will select which firm shall perform the
services. As retained Village Engineer, CBBEL shall perform the duties pertaining to the Village
Engineer, subject to such ordinances, rules, regulations and directions as the Village President and
Board of Trustees may,from time to time,establish, including the following
a. General Engineering. General engineering will include, but not be limited to,
the following:
i) In-office Village Engineer duties; expected to be two (2) days per
week, 8 hours per day.
ii) Undertaking investigations of minor civil engineering, drainage
issues,public agency coordination and traffic engineering matters;
iii) Attendance at staff meetings with Village staff;
iv) Attendance at Village Board meetings, Planning & Zoning
Commission, BRB or other Committee meetings,as needed;
V) Preparation of monthly status reports;and
vi) Assisting Village staff as necessary.
b. Additional services beyond the scope of the Services above listed,requested
by a separate work order, the form of which is attached hereto as Exhibit A shall be performed by
CBBEL in accordance with the rate schedule contained herein. Each separate work order shall
incorporate the terms of this Agreement and be in accordance with the rate schedule attached hereto
as Exhibit B.
C. The Village's Capital Improvement Program that CBBEL will provide
Professional Engineering Services for will include but not be limited to
■ Provide Studies, Evaluations, Cost and Time Estimates, Reports, Recommendations, and
Multi-Year Capital Improvement Plans
• Yearly Street Maintenance Program
• Roadway Widening/Major Improvements
■ Utility Replacements or Extensions
■ Feasibility Studies and/or Traffic Studies
■ Traffic Signals/Intersection Improvements
Design and Coordinate Utility Connections or Relocations with Local Utility Providers
■ Bridge Inspections and Rehabilitation
Engineering for the Village's Capital Improvement Program will consist of Phase I—Preliminary
Engineering, Phase 11—Preparation of Contract Documents,and Phase III —Construction
Observation or any combination thereof.
When necessary, CBBEL,will prepare,submit, and obtain approval from regulatory Agencies.
Due to the wide range of complexity and scope of these types of projects, each project will be
negotiated separately based on the attached Schedule of Charges and the man-hours required to
perform the scope of services up to a not-to-exceed fee agreed upon by the Village. For capital
improvement projects,CBBEL will bill the Village for actual costs associated with reproduction
and testing services. For federally funded projects, CBBEL will bill the Village in accordance
with IDOT's Local Agency f Consultant Engineering Agreement for Federal Participation. For
other miscellaneous services,we will bill the Village at the hourly rates specified on the attached
Schedule of Charges.
2. Insurance. CBBEL shall procure and maintain for the duration of this Agreement,
and for three years thereafter, insurance covering claims, costs and damages, errors, omissions,
personal injury and property damage which may rise from or are in conjunction with the performance
of the work hereunder by CBBEL, its agents,representatives,employees,or subcontractors.
a. Minimum Scone of Insurance. Coverage shall include and be at least as
broad as coverages atTorded by the policies listed below:
i) Insurance Services Office Commercial General Liability occurrence
form CG 0001 (most current edition);
ii) Insurance Services Office form number CA 0001 (most current
edition) covering Automobile Liability, symbol 01 "any auto" and
endorsement CA0029 (most current edition) changes in Business
Auto and Truckers coverage forms - Insured Contract or ISO form
number CA 0001 (most current edition);
iii) Professional Liability policy; and
iv) Worker's Compensation insurance as required by the Labor Code of
the State of Illinois and Employers'Liability insurance.
b. Minimum Limits of Insurance. CBBEL shall maintain limits no less than:
2
i) Commercial General Liability, $1,000,000 combined single limit per
occurrence for bodily injury, personal injury, and property damage.
The general aggregate shall be twice the required occurrence limit,
Minimum General Aggregate shall be no less than$2,000,000;
ii) Automobile Liability: $1,000,000 combined single limit per accident
or bodily injury and property damage;
iii) Professional Liability: $1,000,000 single limit for errors and
omissions,professional/malpractice liability;
iv) Worker's Compensation and Employers: Liability: Worker's
Compensation limits as required by the Labor Code of the State of
Illinois and Employers' Liability limits of$500,000 per accident;and
V) Excess or Umbrella Liability: $5,000,000 combined single limit of
each occurrence and$5,000,000 Minimum General Aggregate.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the Village.
d. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain the following provisions:
i) General Liability and Automobile Liability Coverages.
(a) The Village, its officials, employees and volunteers are to be
covered as additional insured as respects: liability arising out
of activities performed by or on behalf of CBBEL, its
employees or agents; or automobiles owned, lease, hired or
borrowed by CBBEL, its employees or agents. The coverage
shall contain no non-standard limitations on the scope of
protection afforded to the Village, its officials, employees,
and volunteers.
(b) CBBEL's insurance coverage shall be primary as respects the
additional insureds. Any insurance or self-insurance
maintained by the Village, its officials, agents, employees,
and volunteers shall be excess of CBBEL's insurance and
shall not contribute with it,
(c) The policy shall be endorsed to provide that any failure to
comply with reporting provisions of the policies shall not
affect coverage provided to the Village, its officials, agents,
employees,and volunteers.
(d) CBBEL's insurance shall contain a severability of interest
clause or language stating that CBBEL's insurance shall apply
separately to each insured against whom claim is made or suit
3
is brought, except with respect to the limits of the insurer's
liability.
ii) All Coverages. Each insurance policy required by this clause shall be
endorsed to state that the coverage shall not be voided, canceled,
reduced in coverage or in limits except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been
given to the Village,
e. Acceptability of Insurers. The insurance carrier used by CBBEL shall have a
minimum insurance rating of B according to the AM Best Insurance Rating Schedule and licensed to
do business in the State of Illinois.
f. Verification of Coverage. CBBEL shall furnish the Village with certificates
of insurance and with copies of endorsements affecting coverage. The certificates and endorsement
for the insurance policy are to be signed by a person authorized by that insurer to bind coverage on
its behalf. The certificates and endorsements may be on forms provided by the insurance carrier and
are to be received and approved by the Village before any work commences. The Village reserves
the right to request full certified copies of the insurance policies.
3. Indemnification, To the fullest extent permitted by law, CBBEL, shall indemnify
and hold harmless the Village, its officials, employees and volunteers against all injuries, deaths,
loss, damages, claims, suits, liabilities,judgments, cost and expenses, including attorney fees, which
may in any way accrue against the Village, its officials, employees and volunteers, to the extent
arising out of the negligent or willful performance of this work. by CBBEL, its employees, or
subcontractors, or which may in any way result therefore, except that arising out of the negligence or
willful act of the Village, its officials, employees and volunteers. CBBEL, shall, at its own expense,
appear, defend and pay all charges of attorneys and all costs and other expenses arising therefore or
incurred in conjunction therewith, and, if any judgment shall be rendered against the Village, its
officials, agents, employees and volunteers, in any such action, CBBEL shall, at its own expense,
satisfy and discharge the same.
Any insurance policies required by this Agreement, or otherwise provided by CBBEL, shall
in no way limit the responsibility to indemnify, keep and save harmless and defend the Village, its
officials,agents,employees and volunteers and herein provided.
4. Compliance with Laws. CBBEL will comply with all applicable federal and Illinois
statutes, and local ordinances of the Village and shall operate within and uphold the ordinances, rules
and regulations of the Village while engaged in services herein described.
Obligations of the Village
5, Fees. For the performance by CBBEL of the services set forth above, the Village
shall pay CBBEL on the following basis of payment:
a. Amount of CBBEL's Fee. CBBEL shall receive, as full payment for
completing all work required of CBBEL under this Agreement, a fee consisting of payment for the
services at the hourly rates attached as Exhibit B which rates include all profit and overhead,
including, but not limited to telephone, e-mail and travel expenses. Any increase in said rates shall
4
be approved by the Village Board upon forty-five (45) days written notice from CBBEL to the
Village Manager.
b. Reimbursable Expenses. Expenses reasonably and necessarily incurred for
blueprints, outside copying charges, messenger, delivery services and consultant's fees shall be paid
at 1.0 times the amount charged to CBBEL.
C. Predetermined Fees Relating to Certain Public Works Capital Improvements.
The following consulting engineer work performed by CBBEL for the Village shall be defined by
work order,with fees limited as follows:
i) Road and Drainage Improvements
1) Phase I and 11. Preliminary Engineering and Design.,with the
design work on any project to be not less than 5.5%and not more
than 7%.
2) Phase 111. Construction Oversight and Resident Engineer
Services,providing personnel during construction based on
demand of the project,not assumed as full-time inspection to be
not less than 6%and not more than 7.5%.
ii) Environmental Assessment and Engineering
I) Design. Engineering and Design,with the design work on any
project to be not less than 6%and not more than 7%.
2) Construction Oversight Construction Oversight and Resident
Engineer Services, providing personnel during construction based
on demand of the project, not assumed as full-time inspection to
be not less than 6%and not more than 7%.
iii) Federally Funded Road Projects
1) Phase 1. Preliminary Design and Reports, with the work on any
project not to be less than 5%and not more than 7%.
2) Phase 11, Final Engineering and Design,with design services for
any job not less than 6%and not more than 7%.
3) Phase Ill. Construction Oversight and Resident Engineering
Services,providing personnel during construction based on
demand of project, perhaps full-time inspection to be not less than
7%and not more than 10%.
iv) Minor Engineering, Surveying and Field Work
1) Design. Time and Material basis.
5
2) Construction Oversight.t. Lakout and other tasks. Time and
Material basis.
d. Payment of CBBEL.`s Fee. Upon receipt of monthly statements from CBBEL
payments for the work performed shall be due and payable to CBBEL within forty-five (45) days
after approval by the Village. In the event the Village disputes the fees charged by CBBEL,,the 45-
day payment period shall be suspended until such time as the parties come to an agreement as to the
correct amount of fee, however,all other non-disputed fees shall be paid within the 45-day payment
period.
Termination of Agreement and Selection of Personnel
This Agreement may be terminated by either party as follows:
6. Termination by Village. This Agreement may be terminated for any reason or no
reason at all, upon written notice to CBBEL, at its last known post office address. Provided that
should this Agreement be terminated by the Village, CBBEL, shall be paid for any services
completed and any services partially completed. All field notes, test records, drawings, and reports
completed or partially completed at the time of termination shall become the property of, and made
available to, the Village. Within five (5) days after notification and request, CBBEL, shall deliver to
the successor Village Engineer all property, books and effects of every description in its possession
belonging to the Village and pertaining to the office of Village Engineer,
7. Termination by CBBEL. This Agreement may be terminated by CBBEL,, for any
reason, upon thirty (30) days written notice to the Village President and Village Manager. Upon
such termination, CBBEL shall make available to the Village, copies of all documents requested by
the Village pertaining to work performed by CBBEL hereunder. CBBEL shall be paid promptly for
all services provided to the date of termination.
a. Selection of Personnel. The Village may require that certain of CBBEL
employees not be assigned to specific projects.
Miscellaneous
8. Outside Consultants. CBBEL, is not responsible for the accuracy of any plans,
surveys or information of any type including electronic media prepared by any other consultants, etc.
provided to CBBEL for use in preparation of plans.
9. Attorneys' Fees. In the event of any litigation or arbitration arising from or related
to the services provided under this Agreement, the substantially prevailing party will be entitled to
recovery of all reasonable costs incurred, including expert witness expenses,court costs, attorneys'
fees and other related expenses.
10. Reuse of Documents. All project documents including,but not limited to, plans and
specifications furnished by CBBEL under this project are intended for use on this project only. Any
reuse, without specific written verification or adoption by CBBEL, shall be at the Village's sole risk,
and Village shall indemnify and hold harmless CBBEL from all claims, damages and expenses
including attorneys' fees arising out of or resulting therefrom.
6
Village of Oak Brook: Christoeering,Ltd.:
By: By:
Name Name IlichAf-I F--. ge(r
Date of Execution: Date of Execution: ! 19/7
7
Exhibit A
Consulting Engineering
Master Agreement Work Order Form
I. Incorporation of Master Agreement
All terms and conditions contained within the Village Engineer Master Agreement
executed between the parties shall be applicable to the work to be performed under this
Work{girder and shall be deemed to be fully incorporated as if fully set forth herein,
II. Project Understanding
A. General Understanding/Assumptions
B. Design Criteria
III. Scope of Services
A. Surveying Services
B. Engineering Services
C. Meetings/Coordination
D. Deliverables
E. Services by Others
F. Information to be Provided by Client
G. Not included in Work Order
IV. Man-Hour& Fee Summary
-- . .. ---
j Work Carder
Total:
V. Direct Costs
A. Survey Expenses:
(Itemization)
B. Engineering Expenses:
(Itemization)
G. Meetings/Coordination:
(Itemization)
VILLAGE OF OAK BROOK
Accepted by:
Title:
Date:
CHRISTOPHER B. BURKE ENGINEERING, LTD.
Accepted by:
Title:
Date:
Exhibit B
CHRISTOPHER B.BURKE ENGINEERING,LTD.
STANDARD CHARGES FOR PROFESSIONAL SERVICES
Village of Oak Brook Rates
EFFECTIVE 01/01117
The hourly rates set forth on the next page contain rates for specific classes of personnel
which would be paid for by the Village if the money came from the Village and a higher"Pass
Through Rate" if the services are being charged and paid for by a non-governmental body such
as a private developer. The obligation of the Village to pay CBBEL shall be to do so within 30
days after having received payment from the private party. If the private party does not pay and
the Village still wishes the work to be performed, it can direct the work to be performed or
completed or if it has been completed, paid at the Village Rate.
EXHIBIT B
Village of Oak Brook Rates
EFFECTIVE 01/01/17
Village Pass Through
Rate Rate
ENGINEER VI $184.00 $232.00
ENGINEER V $161.00 $191.00
IN HOUSE VILLAGE ENGINEER SERVICES $142.60 $191.00
ENGINEER IV $134.00 $152.00
ENGINEER 111 $112.00 $138.00
ENGINEER 1/11 $81.00 $109-00
SURVEY V $184.00 $213.00
SURVEY IV $167.00 $180.00
SURVEY III $142.00 $153.00
SURVEY 11 $101.00 $111.00
SURVEY $79.00 $87.00
ENGINEERING TECHNICIAN V $163.00 $180.00
ENGINEERING TECHNICIAN IV $123.00 $146.00
ENGINEERING TECHNICIAN 111 $116,00 $131.00
ENGINEERING TECHNICIAN 1/11* $96.00 $114.00
CAD MANAGER $150.00 $159.00
ASST. CAD MANAGER $127.00 $139.00
CAD 11 $116.00 $138.00
CAD 1 $87.00 $108.00
LANDSCAPE ARCHITECT $134.00 $152.00
GIS SPECIALIST 111 $116.00 $132.00
GIS SPECIALIST 1/11 $71.00 $73.00
ENVIRONMENTAL RESOURCE SPECIALIST V $182.00 $195.00
ENVIRONMENTAL RESOURCE SPECIALIST IV $139.00 $150.00
ENVIRONMENTAL RESOURCE SPECIALIST 111 $105.00 $126.00
ENVIRONMENTAL RESOURCE SPECIALIST 1111 $70.00 $103.00
ENVIRONMENTAL RESOURCE TECHNICIAN $9100 $99.00
ADMINISTRATIVE $83-00 $98.00
ENGINEERING INTERN $34.00 $59-00
4836-2602-1702,v. I