R-1634 - 04/11/2017 - ENGINEERING - Resolutions RESOLUTION 2017-ENG-PW-AG-R-1634
A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION
OF A PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE VILLAGE OF OAK BROOK
AND BURNS& MCDONNELL
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, Burns & McDonnell ("Burns") was selected to focus on development and
regulatory/permitting activities; and
WHEREAS, the Village and Burns desire to enter into and execute an agreement for Burns to
provide the Village with Municipal Engineering Services("Agreement'); 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 Burns.
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-1634
Engineering Services for Development Activities
Page 2 of 2
APPROVED THIS 111h day of April, 2017 -
Gopal G. Lalmalani
Village President
PASSED THIS 111h day of April, 2017
Ayes: Trustees Adler, Baar, Manzo,Moy, Tiesenga, Yusuf
Nays: None
Absent: None
ATTEST.
l Charlotte K. Pruss
Village Clerk
,•.,v. REVIEW OF CONTRACTS
Awarding Agency: Type of Contract:
S.
De artmen Prog /Account Number:
(z - Y o w
Awarded Contract Price: Budgeted Amount:
F-� Under $20,000 0 $500,001 - $1,000,000
$20,000 - $500,000 0 Over $1,000,000
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Name: Date: K `�
Name: Date:
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Name: Date:
Na me: L,�, " Date: C
Three (3) Originals signed by other party Date/Initials /1 CS
Original provided to staff member for other party Date/Initials �Z 1
Original provided to Official Files Date/Initials 1 4S :l
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 JIt day of April, 2017, by and
between Burns & McDonnell Engineering_Company. Inc. (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 terms and conditions described in this Agreement.
NOW, THEREFORE, in consideration of the mutual benefits, covenants and agreements
contained within this Agreement, the parties agree as follows:
1. SCOPE OF SERVICES
ENGINEER agrees to perform engineering consulting services as defined in the Scope of
Services attached as Appendix I and made a part of this Agreement.
2. COMPENSATION AND PAYMENT
ENGINEER shall be paid by VILLAGE for all services stipulated within this Agreement
according to the Compensation Schedule attached as Appendix II and made a part of this
Agreement.
Payment to ENGINEER shall be made by VILLAGE upon receipt of ENGINEER'S
monthly invoice. The invoice shall consist of a summary of direct labor hours by
ENGINEER'S standard job classification times the respective factors as depicted in
Appendix II plus listing of reimbursable costs incurred with copies of appropriate
invoices. The invoice will state the phase of work for which it applies, if a multi-phase
scope is used (e.g., design, construction, etc.). If VILLAGE identifies an item in the
invoice which appears to be in error, VILLAGE may withhold the amount in question,
pay the balance of the invoiced amount, and provide ENGINEER with a statement
concerning the questioned item. Alternatively, VILLAGE may pay the invoiced amount
in full, provide ENGINEER with a statement of the questioned item, and an adjustment,
if appropriate, will be made in the next subsequent invoice submitted by ENGINEER.
Engineer will mark "Invoice number and final" on the invoice which closes out
this contract or a phase of the contract.—
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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services under this Agreement until it has been paid in full the amounts due it for services
and expenses. During the period of any such suspension, the parties shall have the same
rights and obligations as are provided by Subsection 5(e) of this Agreement.
3. TIME SCHEDULE
It is recognized by the parties that the Time Schedule may be contingent upon factors
beyond the control of either party and the parties are not responsible for delays caused
by events or actions beyond their control. 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
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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 performed in accordance with the
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 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, for which the
VILLAGE may
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Suffer as damages, and this Agreement shall, at the VILLAGE's option, be
terminated.
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 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, ENGINEER has any interest that
would. conflict 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.
1. 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 (I V 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
VILLAGE, or any authorized representative of the VILLAGE, and copies thereof
shall be furnished if requested. The cost of any copies shall be paid by the
VILLAGE.
k. Reuse of Documents
All documents, including drawings and specifications furnished by ENGINEER
pursuant to this Agreement, are intended for use on the PROJECT only. They
should not be used or modified by VILLAGE or others on extensions of the
PROJECT or any other project without specific written verification or adaptation
by ENGINEER. Any reuse or modification without written verification or
adaptation by ENGINEER shall be at VILLAGE'S sole risk.
I. 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 General and Development Engineering Services
Agreement from the ENGINEER dated March 15,2017.
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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Burns&McDonnell Engineering Company Inc.
1431 Opus Place
Suite 400
Downers Grove, Illinois 60515
Attn: Claus Dunkelberg, P.E.
Whenever it is provided in this Agreement that notice shall be given or other
communication sent to the VILLAGE, such notices or communications shall be
delivered or sent to:
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, Illinois 60523
Attn: Robert Kallien
Director of Development Services
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.
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X. Time
Time is of the essence in the performance of all terms and provisions of this
Agreement.
Y. Third Parry Beneficiary
No claim as a third party beneficiary under this Agreement by any person,firm,or
corporation shall be made or be valid against the Village or Engineer.
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.
VILL GE OF OAK BROOK ATTEST:
A nici I orpor nn
G
Village President Village Clerk
Bums&McDonnell Engineering Company ATTEST:
Inc. -
'j
Duly Authorized-OffiewL
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APPENDIX 1
SCOPE OF SERVICES
Per letter submitted by Bums &McDonnell Engineering Company Inc. dated March 15,2017
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APPENDIX II
COMPENSATION SCHEDULE
Per letter submitted by Bums & McDonnell Engineering Company Inc. dated March 15,2017
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APPENDIX III
TIME SCHEDULE
Per letter submitted by Bums & McDonnell Engineering Company Inc. dated March 15,2017
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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:
1. Workers Compensation: Statutory.
2. Employers Liability Insurance:
$1,000,000 injury-per accident
$500,000 disease-per employee
$1,000,000 disease-policy limit
Such insurance shall evidence that coverage applies in the State of Illinois.
3. Commercial General Liability Insurance:
$2,000,000 per occurrence and annual aggregate combined single limit. Coverages
shall include Broad Form Property Damage Endorsements and Blanket Contractual
Liability.
4. Business Automobile Liability Insurance:
$1,000,000 combined single limit per accident, 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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BURNS &MGDONN ELL
March 15,2017
Mr.Riccardo F.Ginex
Village Manager
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523-2255
Re: General and Development Engineering Services Agreement
Dear Mr.Ginex:
Burns&McDonnell is pleased to submit this proposal for providing general and development
engineering services to the Village of Oak Brook. Based on our meeting held on March 9,2017, it is our
understanding that the Village has selected Burns&McDonnell to provide engineering services required
to assist the Village in completing day to day engineering and development functions. In that capacity,
we,as independent contractors,can sign documents we have reviewed as"Village Engineer." We
understand that for other engineering tasks,the Village has chosen another firm to also serve as Village
Engineer.
Scope of Services
We understand the services to be provided as follows:
Task 1:New Development and Permit Review
1. Review development permit applications,work with Village personnel in permit approval,
construction inspection as required for development under construction and BMP compliance.
2. Meet with the developers and their representatives as required to present Village requirements,
address submittal deficiencies,provide meeting minutes and coordinate attendance of other
Village representatives.
3. Review subdivision plats and facilitate approval of the subdivision plats.
4. Assess backlog and priority of existing submittals for Village review and facilitate review and
approval of the submittals.
Task 2: Stormwater Services
1. Conduct a stormwater review of any new construction occurring in the Village for compliance
with Village code and BMP's.
2. Meet with Village residents on drainage issues and complaints. Follow-up on agreed upon action
items for resolution of identified issues. Prepare documentation for Village files including basis
of complaint,timeline and resolution.
3. Field floodplain map questions and inquiries. Document responses and resolution of the
questions and inquiries.
Task 3: General Engineering Services
1. Field photometric and sound issues. Document responses and resolution of the relevant issues.
2. Meet with potential developers as requested to review project concepts and present permit
submittal requirements.
1431 Opus Place\Suite 400\Downers Grove,IL 60515
0 630-724-3200\F 630-724-3201\burnsmcd.com
BURNS �MSDONNELL
Village Manager
Village of Oak Brook
March 15,2017
Page 2
3. Review the permit submittal,review and approval process to identify improvements that increase
efficiency,timely reviews and streamline project documentation,provide recommendations for
improvements and if agreed upon by the Village, implement approved recommendations.
4. Facilitate development of Village infrastructure standards that are applicable to Village
improvements and developments. The infrastructure standards address potable water systems,
wastewater conveyance systems,transportation systems, stormwater systems and other Village
infrastructure as identified. Work in conjunction with other Village Departments,Village
consultants and appropriate industry representatives to compile these standards and make
available as required in paper or electronic format.
5. Attend Village board meetings,Village committee meetings or other Village meetings as
requested.
6. Coordinate with other Village consultants for successful completion of projects or Village tasks.
7. Provide services required to complete tasks as requested by the Village Manager.
8. Provide general engineering services as requested. Burns&McDonnell will commit to having a
person at Village offices as required to complete the tasks or as requested by Village staff. Actual
time spent at Village offices will be dependent on services requested and needs of the Village.
Task 4: Additional Engineering Services
1. From time to time the Village may request engineering services relative to a specific project or of
an added nature. Upon notification of the request,we will meet with the Village to negotiate the
project scope,fee,schedule and deliverable. We will proceed with the project upon receipt of
Village written authorization.
Compensation:
Burns&McDonnell proposes to provide the scope of services identified in this proposal on a time and
material basis.Monthly invoices will be submitted by Burns&McDonnell to the Village based on the
current rate schedule attached and the time required to complete the assigned tasks. Burns&McDonnell
will notify in advance any changes in the fee schedule. This Agreement may be canceled upon 30 days'
prior written notice from the Village but Burns&McDonnell shall be paid promptly for all prior work
performed,which is not the subject of dispute,and all work assigned by the Village during the 30-day
notice period.
General Considerations: If this proposal is satisfactory,please sign and date this document and return
one signed copy to us to affect an Agreement. The attached Terms and Conditions for Professional
Services are incorporated in and made a part of the Agreement. The Agreement can be amended only by
written authorization signed by both the Village and an authorized representative of Burns&McDonnell.
Provided,however,that Burns&McDonnell will also sign a standard contract which the Village has
prepared for vendors and consultants such as a firm providing engineering services and any provision in
that contract shall replace or supersede any term in the Agreement or the attached Terms and Conditions.
The Village may require that certain Burns&McDonnell personnel not be assigned to specific projects.
BURNS MMONNELL
Village Manager
Village of Oak Brook
March 15, 2017
Page 3
We appreciate the opportunity to serve the Village of Oak Brook. Should you have any questions or
require additional information,please feel free to contact me at cunkelberg@burnsmcd.com or(630)
515-4633 or Jamie Patterson atjpatterson@bumsmcd.com.
Sincerely,
IF E.
Randall L. Patchett, P.E. Claus Dunkelberg, P.E.
Regional Water Practice Manager Project Manager
Village of Oak Brook, IL.
(Signature)
(Title)
(Date)
48224707-5910,v. 1
Schedule of Hourly Professional Service Billing Rates
Position Classification Hourly
Classification Level Billing Rate
General Office* 5 $54.00
Technician* 6 67.00
Assistant* 7 78.00
8 102.00
9 121.00
Staff* 10 136.00
11 146.00
Senior 12 162.00
13 181.00
Associate 14 192.00
15 198.00
16 204.00
17 210.00
NOTES:
1. Position classifications listed above refer to the firm's internal classification system for employee compensation.
For example,"Associate", "Senior", etc., refer to such positions as"Associate Engineer", "Senior Architect",
etc.
2. For any nonexempt personnel in positions marked with an asterisk (*},overtime will be billed at 1.5 times the hourly
labor billing rates shown.
3. Project time spent by corporate officers will be billed at the Level 17 rate plus 25 percent.
4. For outside expenses incurred by Burns&McDonnell,such as authorized travel and subsistence,and for services
rendered by others such as subcontractors,the client shall pay the cost to Burns&McDonnell plus 10%.
5. Monthly invoices will be submitted for payment covering services and expenses during the preceding month.
Invoices are due within 45 days of receipt. A late payment charge of 1.5%per month will be added to all
amounts not paid within 45 days of the invoice date. No late payment charge shall be due of any billed work
which the Vi llage contests in whole or in part in writing with in 45 days after the receipt. The parties will meet
in a good faith effort to resolve any such disputed amounts.
6. The services of any personnel of a Burns& McDonnell subsidiary or affiliate shall be billed to Owner according to
the rate sheet as if such personnel is a direct employee of Burns&McDonnell.
7. The rates shown above are effective for services through December 31,2017,and are subject to revision
thereafter.
Form BMR517A
4850-9822-3174,v. 1
BURNS & MCDONNELL ENGINEERING COMPANY INC.
TERMS AND CONDITIONS FOR PROFESSIONAL CONSULTING SERVICES
Date of Letter,Proposal or Agreement:03/15/2017 Client:Village of Oak Brook, Illinois
Project: General Engineering Services
1.SCOPE OF SERVICES C. The Engineers aggregate liability for all damages connected with its
For the above-referenced project, Bums i£McDonnell Engineering Company,
Inc. ("Engineer') will perform the services set forth in the above-referenced services for the Project not excluded by the preceding subparagraph will not
Letter, Proposal or Agreement, of which these Terms and Conditions are a exceed$50,000 or the compensation paid for services,which ever is greater.
part. D. The obligations and remedies stated in this Paragraph 3, Professional
2.PAYMENTS TO ENGINEER Responsibility, are the sole and exclusive obligations of Engineer and
A.Compensation will be as stated in the above-referenced Letter,Proposal or remedies of Client, whether liability of the Engineer is based on contract,
Agreement. Statements will be in Engineers standard format and are payable warranty,strict liability,tort(including negligence),indemnity or otherwise.
upon receipt. Time is of the essence in payment of statements, and timely 4.ESTIMATES AND PROJECTIONS
payment is a material part of the consideration of this Agreement. A late Engineers estimates and projections of construction costs and schedules,
payment charge will be added to all amounts not paid within 30 days of operation and maintenance costs,equipment characteristics and performance,
statement date. Such late payment charge shall be calculated at 1.5 percent and operating results are based on Engineers experience, qualifications and
per month from statement date.Any costs incurred by Engineer in collecting judgment.Since Engineer has no control over weather,cost and availability of
any delinquent amount, including reasonable attorney's fees, shall be labor, material and equipment, labor productivity, construction contractors
reimbursed by Client. If a portion of Engineers statement is disputed, the procedures and methods,and other factors, Engineer does not guarantee the
undisputed portion shall be paid by Client by the due date.Client shall advise accuracy of its estimates and projections
Engineer in writing of the basis for any disputed portion of any statement.
5.ON-SITE SERVICES
B.Taxes as may be imposed by state and local authorities,other than federal Project site visits by Engineer during construction or equipment installation or
and state income tax and Kansas City, Missouri earnings tax, shall be in the furnishing of Project representatives shall not make Engineer responsible
addition to the payment stated in the above-referenced Letter, Proposal or for construction means, methods, techniques, sequences or procedures; for
Agreement. construction safety precautions or programs; or for any construction
contractor(s') failure to perform its work in accordance with the contract
3.PROFESSIONAL RESPONSIBILITY documents.
A. Engineer will exercise reasonable skill, care and diligence in the 8.CHANGES
performance of its services and will carry out its responsibilities in accordance Client shall have the right to make changes within the general scope of
with customarily accepted good professional engineering practices. If the Engineers services, with an appropriate change in compensation, upon
Engineer fails to meet the foregoing standard,Engineer will perform at its own execution of a mutually acceptable amendment or change order signed by an
cost, and without reimbursement from Client, the professional engineering authorized representative of the Client and the President or any Vice President
services necessary to correct errors and omissions caused by Engineers of the Engineer.
failure to comply with above standard and reported to Engineer within one year
from the completion of Engineer's services for the Project. No warranty, 7.TERMINATION
expressed or implied, is included in this agreement or in any drawing, Services may be terminated by the Client or Engineer by seven (7) days'
specification or opinion produced pursuant to this agreement. written notice in the event of substantial failure to perform in accordance with
the terms hereof by the other party through no fault of the terminating party. If
B.In no event will Engineer be liable for any special,indirect or consequential so terminated, Client shall pay Engineer all amounts due Engineer for all
damages including, without limitation, damages or losses in the nature of services properly rendered and expenses incurred to the date of receipt of
increased Project costs, loss of revenue or profit, lost production, claims by notice of termination,plus reasonable costs incurred by Engineer in terminating
customers of Client or governmental fines or penalties. the services. In addition, Client may terminate the services for Client's
convenience upon payment of twenty percent of the yet unearned and unpaid
lump sum or not-to-exceed fee.
8.DISPUTES
If a dispute arises relating to the performance of the services to be provided
and should that dispute result in litigation,it is agreed that the prevailing party
shall be entitled to recover all reasonable costs of litigation,including staff time,
court costs,attorney's fees and other related expenses.
9.RIGHTS AND BENEFITS
Engineers services will be performed solely for the benefit of the Client and not
for the benefit of any other persons or entities.
10.ENTIRE CONTRACT
These Terms and Conditions and the above-referenced Letter, Proposal or
Agreement contain the entire agreement between the Engineer and Client
relative to the Engineer's services for the project herein. All previous or
contemporaneous agreements, representations, promises and conditions
relating to the Engineers services for the Project are superseded.Since terms
contained in purchase orders do not generally apply to professional services,in
the event the Client issues to Engineer a purchase order, no preprinted terms
thereon shall become part of this agreement. Said purchase order document,
whether or not signed by Engineer,shall be considered as a document for the
Client's internal management of its operations.
4851-5195-9110,v. 1
04/11/17