Engineering Services Agreement Street ImprovementsDESIGN AND CONSTRUCTION ENGINEERING SERVICES
AGREEMENT
VILLAGE OF OAK BROOK
2018 STREET IMPROVEMENTS
THIS AGREEMENT, made and entered into thisor day of May 2018, 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 the 2018 Street Improvements,
(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:
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
this contract or a phase of the contract.
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and final" on the invoice which closes out
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 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
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,
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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
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.
C. 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
ply.
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
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services completed and any services partially completed in accordance with
Sections 2 and 3.
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.
h. Representations
In addition to the covenants herein made, the ENGINEER represents and agrees:
1) That all plans and special provisions to be famished 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
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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 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.
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 (11" 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".
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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.
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.
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.
in. 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.
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n. Governing Law
This Agreement shall be governed by the laws of the State of Illinois both as to
interpretation and performance.
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
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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:
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.
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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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.
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 ander this Agreement by any person, firm, or
corporation shall be made or be vaiid against.the Village.
Z. Conflicts
If any provisions of this Agreement conflict with any provisions of the attached
appendices I through IV, the provisions of this Agreement shall control.
above, NWITNESS WHEREOF, the parties set their hands and seals on the date first written
VILLAGE OF OAK BROOK
Christopher B: Burke Engineering, Ltd.
MW
IDulyAuthorized Officer
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ATTEST:
Village Clerk
ATTEST:
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APPENDIX 1
SCOPE OF SERVICES
Per Proposal for Professional Services submitted by
Christopher B. Burke Engineering, Ltd., dated May 15, 2018.
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APPENDIX II
COMPENSATION SCHEDULE
Per Proposal for Professional Services submitted by
Christopher B. Burke Engineering, Ltd., dated May 15, 2018.
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411850987_vl
APPENDIX III
TIME SCHEDULE
Per Proposal for Professional Services submitted by
Christopher B. Burke Engineering, Ltd., dated May 15, 2018.
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ATTACHMENT A
May 15, 2018
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
Attention: Mr. Doug Patchin, Public Works Director
Subject: Proposal for Professional Design and Construction Engineering Services
2018 Street Improvement Project
Dear Mr. Patchin:
Christopher B. Burke Engineering, Ltd. (CBBEL) is providing this proposal for professional
engineering services related to the preparation of the plans, specifications, and bidding
documents as well as construction engineering services for the Village's 2018 Street
Improvement Project. We understand that the Village will use Infrastructure Funds therefore;
IDOT coordination will not be required. Included below you will find our Understanding of
the Assignment, Scope of Services and Determination of Fee.
UNDERSTANDING OF THE ASSIGNMENT
CBBEL understands that the Village of Oak Brook would like to rehabilitate streets located
several areas throughout the Village. These projects are described as the 2018 Street
Improvement Project. The project areas and proposed improvements are as follows:
Area 1 (Trinity Lane Resurfacing):
The proposed improvements will include resurfacing of all of Trinity Lane. This
involves hot -mix asphalt surface removal to a depth of 2 -inches and installation of
new hot -mix asphalt surface course. The work will also include the removal and
replacement of deteriorated curb and gutter and drainage structures.
Area 2 (Pavement Patching of Damaged Areas Resulting from Utility Repairs):
This work will involve full depth pavement patching of areas previously excavated in
order to complete water main break repairs. The two locations in need of pavement
patching restoration include a section of the Oak Brook Mall's parking lot and the
intersection of Ardmore Ave and Canterbury Lane; associated with the Brandywine
Association. Work will also include some hot -mix asphalt surface patching at areas
adjacent to the work that were affected by the repair work.
Area 3 (Fire Station 94):
This proposed work includes removal and replacement of the depressed curb and
gutter at the driveway entrance as well as the first 6 feet of the concrete driveway
apron. The replacement will include the full width of the driveway. Work also
involves adjusting a drainage structure and replacement the adjacent concrete
pavement as well as joint routing and sealing.
Area 4 (Fire Station 93):
This proposed work includes full reconstruction of the west driveway from Enterprise
Drive to the garage approach slab. Work also involves replacing sections of curb
and hot sealing all new PCC joints.
Area 5 (Jorie Blvd):
The work involves surface patching of approximately 2,400 square yards of
pavement between 31st Street and 22"d Street. The patching will involve a 2" surface
removal to be patched with hot -mix asphalt surface course, 2". Also included in this
work is the removal of all existing pavement markings to be replaced with new
thermoplastic pavement markings.
Area 6 (Brook Forest Skip Patching):
The work to be completed within the Brook Forest Subdivision involves surface
patching of approximately 5,200 square yards. The patching will involve a 2" surface
removal to be patched with hot -mix asphalt surface course, 2".
Area 7 (Public Works Lot Patching):
This area includes a full -depth hot -mix asphalt patch of approximately 110 square
yards within the public works lot adjacent to the material storage and dumpster area.
This section of pavement is badly deteriorated from heavy equipment and garbage
truck traffic. Due to the heavy loading, we recommend increasing the pavement
patch to a total thickness of 8 -inches, rather than putting back the 6 -inches that is
currently in place.
Area 8 (Grant Street Reconstruction):
The proposed improvements will include the reconstruction of Grant Street from 31 st
Street to the terminus; approximately 1,250 square yards of pavement with 3" hot -
mix asphalt binder course and 2" hot -mix asphalt surface course, driveway pavement
removal and replacement (where necessary). The proposed cross section will
consist of two 9 foot wide lanes crowned at 2%. Improvements will also include
installation of new 12" storm sewers, installation of drainage structures, clearing, re-
grading of parkway swales and all necessary restoration.
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The estimated construction budget for the 2018 Street Improvement Project is
approximately $1,000,000. It is anticipated that all areas will be bid as one project in 2018
and constructed during the 2018 construction season. Project milestones shall be as
follows:
• Field survey of Area 8 shall completed by June 15, 2018.
• Red -line of preliminary plans, to be completed by construction staff, shall be
completed and submitted to Oak Brook by July 2, 2018.
• The Village will have two weeks to review the red -line plans and shall return markups
to CBBEL by July 13, 2018.
• Final plans shall be available for bid by July 23, 2018.
SCOPE OF SERVICES
DESIGN ENGINEERING:
Design services will include geotechnical investigation, limited topographic survey,
preparation of Contract Documents including plans and specifications, cost estimates,
permitting and bidding assistance. Our scope of services includes, but is not limited to, the
following:
Task 1 — Pavement Cores: CBBEL will retain Testing Service Corp. (TSC) to perform
pavement cores of the subject streets. A split -spoon will then be taken of the upper
subgrade to a depth of approximately 3 feet below the top of pavement. The core holes will
be patched upon completion using cold mix asphalt. The cores will be examined by a
materials technician in the laboratory, who will accurately measure and describe the various
pavement courses. Subgrade samples will also be examined by a soils technician.
Laboratory testing will include moisture content and dry unit weight determinations as well
as pocket penetrometer estimates of unconfined compressive strength, as appropriate.
Upon completion of field and laboratory work, a Pavement Core Summary report will be
completed. The report will give complete pavement and base course thicknesses as well as
subgrade descriptions and laboratory test data that will be used to determine the best
method of rehabilitation.
Task 2 — Survey: CBBEL will perform a topographic survey of area 8 and as required to
adequately complete design.
CBBEL will perform the following survey tasks (as needed)
Horizontal Control: Utilizing state plane coordinates, CBBEL will set recoverable
primary control utilizing our GPS equipment.
Vertical Control: CBBEL will perform a level circuit throughout the entire length of the
project establishing benchmarks and assigning elevations to the horizontal control
points. The elevations will be based on NGVD of 1929 to coincide with the DuPage
County datum.
Topographic Survey: CBBEL will field locate all pavements, driveways, curb and
gutters, pavement markings, signs, manholes, utility vaults, drainage structures, cross
road culverts, etc.
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Cross -Sections: CBBEL will survey cross-sections of all areas to the extent needed in
each area.
Utility Survey: CBBEL will utilize existing storm and sanitary sewer information that
has been surveyed during the GIS Project for the Village. Above ground facilities of
any additional underground utilities including watermain, gas, electric, cable, etc. will
also be located.
Tree Survey: CBBEL will locate all trees over 6 inches in diameter within the existing
right of way.
CBBEL will also obtain utility information from all known utility companies along the project
corridor and include the utility information in the existing conditions base sheets developed
from the above information. The base sheets will be drafted at a scale of V=20'.
Task 3 — Field Reconnaissance: CBBEL Construction Staff will perform a Field
Reconnaissance of the streets to be improved. The purpose of the Field Reconnaissance
will be to determine the limits of curb and gutter repairs, sidewalk replacement to meet ADA
requirements (if applicable), full depth pavement patching, and drainage issues. To ensure
all existing drainage issues are detected, CBBEL will complete a site inspection following a
rain event to determine any ponding locations. CBBEL will inspect existing conditions on
Lincoln to determine the best route for the proposed sewer and will also review the existing
drainage at all other areas to determine if the existing sewer lines provide adequate
drainage. The results of the Field Reconnaissance will be reviewed with the Engineering
Department and compared to previous estimates to determine their impact on the estimated
construction cost.
Task 4 — Plans. Specifications and Estimates: CBBEL will prepare Plans, Specifications
and Estimates for the Street Improvements utilizing the information described in the above
tasks. We will utilize information from our topographic survey in Task 2. Locations of new
storm sewers and corresponding drainage structures will be drafted after coordination with
the Village. Remaining areas will not be surveyed; aerials and LIDAR (as needed) will be
utilized to depict the proposed work at these locations.
In addition, CBBEL will develop special provisions and estimates of cost and working days.
The special provisions will be based on IDOT Standard Pay Items and Specifications. Hot -
Mix Asphalt mix requirement specifications will be in accordance with the Oak Brook
standards developed in 2013. Plans will be submitted to the Village for review at the 75%
and 100% level.
Task 5 — Bidding Assistance: CBBEL will provide bidders with Plans, Specifications, and
Contract Documents, and will be present at the bid opening to be held at Village Hall.
CBBEL will review and tabulate all of the bids, check references, and make a
recommendation of award.
Task 6 — CCDD Evaluation and Report: CBBEL will retain TSC perform a "Potentially
Impacted Property" (PIP) evaluation for the completion of the LPC -662 Form and, if
necessary, provide sampling and laboratory analyses for completion of the LPC -663 Form.
Uncontaminated soil including uncontaminated soil mixed with clean construction or
demolition debris (CCDD) accepted at a CCDD fill operation must be certified to be
uncontaminated soil in accordance with Section 22.51(f)(2)(B) of the Environmental
Protection Act (45 ILCS 5/22.51(f)(2)(B)j. Uncontaminated soil accepted at an
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uncontaminated soil fill operation must be certified to uncontaminated soil in accordance
with Section 22.51a(d)(2)(B) of the Environmental Protection Act [415 ILCS
5/22.51a(d)(2)(B). These certifications must be made by a licensed professional engineer or
geologist (PE/PG) using the Form LPC -663 when the soil is removed from a site which is
determined by the PE/PG to be a "Potentially Impacted Property" (PIP) based on review of
readily ascertainable property history, environmental databases and site reconnaissance.
Uncontaminated soil from a site which is not identified as a PIP by the PE/PG may be
certified by either the source site owner or operator using a LPC -662 with pH analysis only.
TSC will evaluate current Federal and State environmental agency records for the source
site and vicinity by obtaining a Radius Map Report from Environmental Data Resources, Inc.
(EDR). TSC will also perform a site reconnaissance to evaluate the property for evidence of
the use or release of hazardous substances or petroleum products. A sample for pH
analysis will be obtained from pavement cores outlined in Task 1. Based on the results of
this review, the TSC Professional Geologist will conclude if the source sites are a PIP. If the
source site is not identified as a PIP and pH analysis meet requirements, TSC will prepare a
letter discussing the reviewed information and recommend that the Owner or Operator sign
the LPC -662 Form certifying that the site is not a PIP and the soil is presumed to be
uncontaminated.
In the event that the source site is identified as PIP, soil sampling and analysis will be
performed for completion of the LPC -663 form at additional costs of $1,200 per site. A
summary report will be prepared which describes the sampling procedures and results of the
analytical laboratory testing. If all analytical results meet their respective Maximum
Allowable Concentrations of Chemical Constituents in Uncontaminated Soil Used as Fill
Material at Regulated Fill Operations (MACs), Form LPC -663 will be filled out and signed by
a Licensed Professional Engineer or Geologist.
Please note that signing of Form LPC -663 is contingent upon all constituents meeting their
respective MACS. If any constituent exceeds the MACs, the Licensed Professional will not
be able to certify the soil as uncontaminated. In that event, additional analysis may be
required in connection with disposal at a Subtitle D landfill, at additional cost for consulting,
analytical testing and completion of the wasted profile.
CONSTRUCTION ENGINEERING:
A detailed scope of Construction Engineering services is provided below including, but not
limited to, the following:
Task 1 — Pre -Construction:
Management of the pre -construction meeting.
• Review Contractor's proposed construction schedule.
• Review Contractor's QC plans for both PCC and HMA.
• Review all Contractors' shop drawings.
Task 2 — Construction Observation•
CBBEL will provide one resident engineer and one part-time project engineer (as necessary)
for the duration of the project.
Construction observation will include the following tasks:
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• Provide resident/business communication, including written communication as
required, throughout the duration of the project.
• Serve as the Village's liaison with the Contractor working principally through the
Contractor's field superintendent.
• Be present whenever the Contractor is performing work on the project.
• Observe the progress and quality of the executed work and to determine if the work
is proceeding in accordance with the Contract Documents. The Engineer will keep
the Village informed of the progress of the work, guard the Village against defects
and deficiencies in the work, advise the Village of all observed deficiencies of the
work, and will disapprove or reject all work failing to conform to the Contract
Documents.
• Quality control of the construction work in progress and the enforcement of the
contract provisions in accordance with IDOT's Construction Manual.
• Keep an inspectors daily report book as outlined in the IDOT Construction Manual,
which shall contain a daily report and quantity of hours on the job site, weather
conditions, list of visiting officials, daily activities, job decisions and observations as
well as general and specific observations and job progress.
• Maintain a daily record of the contractor's activities throughout construction including
sufficient information to permit verification of the nature and cost of changes in plans
and authorized extra work.
• Measurement and computation of pay items.
• Preparation and submission of all partial and final payment estimates, change
orders, records, documentation and reports.
• Except upon written instructions of the Village, the Resident Engineer or Inspector
shall not authorize any deviation from the Contract Documents.
• Assist contractors in dealing with any outside agencies.
• Attend all construction conferences. Arrange a schedule of progress meetings and
other job conferences as required. Maintain and circulate copies of records of the
meetings.
• Attend meetings at any reasonable time when requested to do so by representatives
of the Village.
• Review the Contractor's schedule on a weekly basis. Compare actual progress to
Contractor's approved schedule. If the project falls behind schedule, work with the
Contractor to determine the appropriate course of action to get back on schedule.
• Maintain orderly files for correspondence, reports of job conferences, shop drawings
and other submissions, reproductions or original contract documents including all
addenda, change orders and additional drawings issued subsequent to the award of
the contract.
• Prepare payment requisitions and change orders for the Village's approval, review
applications for payment with the Contractor for compliance with established
procedures for their submission and forward them with recommendations to the
Village.
• Prior to final inspection, submit to the Contractor a list of observed items requiring
correction and verify that each correction has been made.
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Coordinate and conduct the final inspection with the Village, prepare a final punchlist.
Verify that all the items on the final punchlist have been corrected and make
recommendations to the Village concerning acceptance.
Determine if the project has been completed in accordance with the Contract
Documents and that the Contractor has fulfilled all of his obligations.
Please note that for any of the observation tasks that CBBEL may be performing, the
Contractor(s) shall be informed that neither the presence of CBBEL field staff nor the
observation and testing (if any) by our firm or subconsultant of our firm shall excuse the
Contractor in any way for defects discovered in the work. It should be understood that
CBBEL will not be responsible for any job and site safety on this project; job and site safety
shall be the sole responsibility of the Contractor(s). CBBEL does not have the right to stop
work and will not advise nor supervise the Contractor(s) means and methods of their work.
Task 3 — Project Close Out:
All final paperwork will be submitted to the Village
Material Inspection close out will be submitted to the Village in accordance with the
Construction Manual and Bureau of Materials standards.
Task 4 — Material Testina:
CBBEL will provide material inspection services through our sub -consultant Testing Service
Corporation (TSC) of Carol Stream, IL. TSC will complete the Quality Assurance (QA)
material testing for concrete and asphalt at the site and QA testing at the plants in
accordance with IDOT's Construction Manual. It is understood that CBBEL will be
responsible for the performance of material inspection services as described above. It is
also understood that CBBEL is the sole representative of the Village. Due to the special
provisions related to the asphalt mix design in the construction contract, an additional 10%
contingency has been included in order to provide additional material testing, if needed.
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DETERMINATION OF FEE
CBBEL proposes the following not to exceed fees for each of the tasks described above for
each Area:
DESIGN ENGINEERING SERVICES TOTALS
Task 1 — Pavement Cores
Task 2 — Survey
Task 3 — Field Reconnaissance
Task 4 — Preparation of Contract Documents
Task 5 — Bidding Assistance
Task 6 — CCDD Evaluation and Report LPC -662
CONSTRUCTION ENGINEERING SERVICES
Task 1 — Pre -Construction
Task 2 — Construction Observation
Task 3 — Project Close Out
Task 4 — Material Testing
DIRECT COSTS
Outside Copies, Blueprints, Messenger, Delivery Services
$
3,600
$
6,500
$
4,000
$
37,800
$
2,100
$
6,500
Total $
60,500
$
1,600
$
71,500
$
3,000
5,800
Total $
81,900
$ 3,500
GRAND TOTAL $ 145,900
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We would like to establish our contract in accordance with the Village of Oak Brook's
approved Engineering Services Agreement, Rider No. 1, General Terms and C
Standard Charges. onditions and
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
THIS
BY.
TITLE
DATE
X BROOK.
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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:
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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