Engineering Services Agreement for Luthin Pond Outlet DesignENGINEERING SERⅥCES AGREEMENT
ⅥLLAGE OF OAK BR00K
LUTHIN POND OUTLET DESIGN PROJECT
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窮 潮 讐 t面 ご ″礁by and between Christopher B.Burke Engineeringo Ltd。(ho
"ENGINEER") and the Village of Oak Brook, a municipal corporation (hereinafter referred to as
"VILLAGE") covers certain professional engineering services in connection with the Luthin
Pond Outlet Desien Proiect, (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:
I. SCOPE OF SERVICES
ENGINEER agrees to perform engineering consulting services as defined in the Scope of
Services affached 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 appropriatelnvoices.
The invoice will state the phase of work for which it applies, if a multiahasi 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
THIS AGREEMENT,made md entered im。ぬ1還 nayof
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4.
5.
rate of one percent (1,0) per month from such thirtieth (30th) day; and, in addition, the
ENGINEER may, after giving seven (7) days written notice to VILLAGE, suspend services
under this Agreement until it has been paid in full the amounts due it for services and
expenses. During the period of any such suspension, the parties shall have the same rights
and obligations as are provided by Subsection 5(e) of this Agreement.
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.
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.
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.
Not'withstanding 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
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d.
duties. ENGINEER shall not be responsible for the failure of VILLAGE, any
architect, engineer, consultant, contractor or subcontractor to carry out their
respective responsibilities in accordance with the PROJECT documents, or any
other agreement conceming 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.
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.
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.
Termination
l) 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.
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 and3.
e.
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g.Warranties
In addition to the covenants herein made, the ENGINEER represents and certifies
that its engineering services shall be performed in accordance with the standards of
professional practice, care, and diligence practiced by recognized engineering firms
in the industry in performing services of a similar nature in existence at the time of
performance. The representations and certifications expressed shall be in addition
to any other representations and certifications expressed in this Agreement, or
expressed or implied by law, which are hereby reserved unto the VILLAGE.
Representations
In addition to the covenants herein made, the ENGINEER represents and agrees:
l) 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 baned
from contracting with a unit of state or local government as a result of: (l)
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 I l-
42.1-1 et seq. of the Illinois Municipal code, 65 ILCS sfil-42.1-l et seq.;
or (2) a violation of either Section 33E-3 or Section 338-4 of Article 3 jE
of the criminal code of t96l,7zo ILCS 5/338-l 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
h.
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4)
5)
liable to the Village for all loss or damage that the VILLAGE may suffer,
and this Agreement shall, at the VILLAGE's option, be null and void.
That he is qualified technically and is conversant with the policies
applicable to the PROJECT; and that he has and will furnish suffrcient,
properly trained and experienced personnel to perform the services
enumerated herein.
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: (l)
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.
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
MICROSTATI0N software. Paper copies will be provided to the vILLAGE in
full-size (24" x 36") or quarter-size (11" x 17") as requested. Electronic design files
will also be transferred to the VILLAGE.
lf 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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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 finalpayment 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.
Reuse of Documents
All documents, including drawings and specifications fumished 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.
Indemnification
ENGINEER agrees to indemnift, 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 ofjoint 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.
Entire Agreement
This Agreement sets forth all the covenants, conditions and promises between the
parties. There rue no covenants, promises, agreements, conditions or
understandings between the parties, either oral or written, other than those
contained in this Agreement.
Governing Law
This Agreement shall be governed by the
interpretation and performance.
k.
n,
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laws of the State of Illinois both as to
0.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 ofthe other.
Waiver of Contract Breach
The waiver of one party of any breach of this Agreement or the failure of one party
to enforce atany 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.
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 shallbe 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.
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.
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.
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.
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:
p.
q.
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V.
Christopher B. Burke Engineering, Ltd.
9575 West Higgins Road
Suite 600
Rosemont, Illinois 6001 8
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 communicitions shall be
delivered or sent t"rrrrooE
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.
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 authoized to do business in Illinois and shall provide
that the policies referred to shall not be canceled or changed without firsi 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.
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 fumishing these
additional services. Compensation for such additional services shall be nelotiated
by the parties and included in this Agreement by a written amendment.
W.
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y.
Time
Time is of the essence in the performance of all terms and provisions of this
Agreement.
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.
Conflicts
If any provisions of this Agreement conflict with any provisions ofthe attached
appendices I through IV, the provisions of this Agreement shall control,
IN WITNESS WHEREOF, the parties set their hands and seals on the date first written
AWEST:
above.
CHRISTOPHER B.BURKE
ENGINEERING,LTD。
VILLAGE OF OAK BR00K
Duly Authorized Officer
Village Clerk
Aπ EST:
LAURA E BURKE
OFFiC:AL SEAL
t{otrry Public, Stat. of
My Commiasion Expires1
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APPENDIX l
SCOPE OF SERⅥCES
Per Proposal fbr Professional SeⅣices subnlitted by
Christopher B.Burke Engineering,Ltd.,dated January 23,2019.
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APPENDIX H
COMPENSATION SCⅡEDULE
Per Proposal fbr Professional SeⅣices subnlitted by
Christopher B.Burke Engineering,Ltd.,dated January 23,2019.
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APPENDIX HI
TIME SCHEDULE
Per Proposal fbr Professional SeⅣices subnlitted by
Christopher B.Burke Engineering,Ltd.,dated January 23,2019.
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,.ATTACHiIENT A"
January 23,20'19
Village of Oak Brook
3003 Jorie Boulevard
Oak Brook, lL 60523
Attention: Mr. Doug Patchin
Subject: ProfessionalServicesProposal
Luthin Pond Outlet Design
Engineering Plans and Permit Submattals
Dear Mr. Patchin:
As requested, christopher B. Burte Engineering, Ltd. (oBBEL) proposes to complete drainage
design plans and permit applications for the proposed Luthin pond ou et pipe, located on Luthin
Road in the Village of oak Brook (village). lt is our understanding that the property owners
surrounding the pond will develop plans and permit submittals related to bank stabilization, aerators
and modirying the Normalwater Level(NWL) of thepond. CBBELwill use the NWL provided bythe
property owners to design and permit the proposed ouflet pipe from the eastem side ofthe pond and
connect into the stom sewer system in the rear yard of 3s16 york Road per the village concept
design.
It is our understanding that the Village will coordinate with the residenls along the new storm sewer
route to obtain the necessary temporary and permanent easements for the ouflet pipe. lncluded in
this proposal are our Scope of Services and Fee Estimate.
SCOPE OF SERVICES
CBBEL will update the
completed existing modeling to simulate a new outlet pipe from the
Luthin Pond into the existing drainage system. A restrictor on the ou et pipe will be designed to
minimize or eliminate any downstream flowrate increases from the new ouflet.
TflSf 2 - Pre.Filal Plam (90%): CBBEL will prepare pre-final engineering plans and status of
utilities to be adjusted. The plans will be prepared in accordance wiih VillagL and IDOT standard
design criteria.
Sheet #of
SheeL
Hours
per
Sheet
Tota:
Hours
Ti∥e Sheet88
General Notqs, Construction Details and Summarv of euEntities88
Alignment, Ties and Benchmark Sheets (1"=50')10 10
Existing Conditions qnd Removal Sheet (1"=20')110 10
Drainage Plan and Profile (1"=20'l1 12 12
Erosion ControlPlan and Details188
Quantities6TOTAL6 62
The following sheets and associated manhours will be required:
Task 3 - Final Plans: Based on the Village and permit agencies review comments, CBBEL will
revise and finalize pre-final plans. The final plans will be resubmitted to the Vitlage and permitting
agencies for final approval.
Task 4 - Stormwater Permit: CBBEL will complete a DuPage County Stormwater Permit for the
project and provide to the Village for review and approval. As a certified community, the Viltage can
review and approve the permit. lt is assumed that the WetlandMaters information from theLuthin
Pond property owners consultant will be available for use in the stormwater permit submittal. lf the
Luthin Pond wetland information is not available, CBBEL will prepare a separate scope of services
for this work.
FEE ESTITUIATE
We estimate the costs of the services to be the following:
TASK DESCRIPT:ON FEE1
Hyglplogic Analysis and Preliminary Recommendations$2,5002
Pre―Final Plans(900/。)$6,5003
Final Plans $ 2,5004
Stormwater Permit $ 3,900TOTAL$ 15,400
The tasks above do not include surveying, easements orwetland permitting work. lf these itemsare
required, a separate scope of services will be prepared for this work.
N:PROPOSALSい OMI卜 陀01 910ak Broo社 Luhin POnd ouoOt Deslgn o12219 d∝2
Our contract will be in accordance with the Village of Oak Brook's approved Engineering Services
Agreement, Rider No. 1, General rerms and conditions and standard chargesl
It is understood that this agreement may be terminated by either party upon 60 days written notice.
Please sign both copies of the agreement and return one to us as an indication of acceptance and
notice to proceed.
Sincerely,
“Christopher B.Burke,PhD,PE,D.WRE,Dist.M.ASCE
President
BR00K:
Nヽ PROPOSALSい DMINψ01910ak Broo唯 Lulhin Pond Oumet Design o12219 d∝
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:
l. WorkersCompensation: 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 lllinois.
3. ComprehensiveGeneralLiabilitylnsurance:
$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. ComprehensiveAutomobileLiabilitylnsurance:
$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'i will be
stricken or crossed out.
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