Bridge Construction Inspection ServicesCONTRACT BETWEEN
THE VILLAGE OF OAK BROOK
AND CRA WFORD, MURFRYAND TILLY, INC,.
FOR ENGINEERING
SERVICES
In consideration of the agreements set forth below, the Village of Oak Brook,
Illinois, 1200 Oak Brook Road, Oak Brook, Illinois 60523, a unit of local government
created and existing under the laws of the State of Illinois (the "Owner" or
"Village"), and Crawford, Murphy & Tilly, Inc., 550 N. Commons Drive, Suite 116,
Aurora, 111. 60504, an engineering firm (the "Consultant"), make this Contract as of
May 26, 2015, and hereby agree as follows:
ARTICLE I
THE SERVICES
1.1 Performance of the Services
Consultant shall, at its sole cost and expense, provide, perform, and complete
all of the following services, all of which is herein referred to as the "Services".
A. Labor, Equipment, Materials and Supplies. Provide, perform, and
complete, in the manner described and specified in this Contract, all professional
services necessary to accomplish the "Project," as defined in the following:
1. The Consultant's Proposal attached to this Contract as Attachment A,
and
2. With the insurance coverage listed in Attachment B attached to this
Contract.
B. Insurance. Procure and furnish all required certificates and policies of
insurance specified in Attachment B.
C. Standard of Performance. Provide, perform, and complete all of the
foregoing in a professional manner, consistent with the professional standards of
care of qualified engineers doing similar service in the Chicago Metropolitan Area
and in frill compliance with this Contract (the "Standard of Performance").
1.2 Completion Date
Consultant shall diligently and continuously perform the Services at such a
rate as will allow the Services to be fully performed and completed in compliance
Approved as to Form
Dale:
with this Contract not latex than November 30, 2015 ("Completion Date"). The rate
of progress and time of completion are referred to in this Contract as the "Contract
Time."
1.3 Required Submittals
A. Submittals Required. Consultant shall submit to Owner all reports,
documents, data, and information required to be submitted by Consultant under
this Contract (the "Required Submittals").
B. Time of Submission and Owner's Review. All Required Submittals
shall be provided to Owner no later than the time, if any, specified in Attachment A,
or otherwise in this Contract. If no time for submission is specified for any
Required Submittal, then that Submittal shall be submitted within a reasonable
time in light of its purpose and, in all events, in sufficient time, in Owner's opinion,
to permit Owner to review that Submittal same prior to the commencement of any
part of the Services to which that Submittal may relate. Owner shall have the right
to require such corrections as may be necessary to make any Required Submittal
conform to this Contract. No Services related to any Required Submittal shall be
performed by Consultant until Owner has completed review of such Required
Submittal with no exception noted. Owner's review and approval of any Required
Submittal shall not relieve Consultant of the entire responsibility for the
performance of the Services in full compliance with, and as required by or pursuant
to this Contract, and shall not be regarded as any assumption of risk or liability by
Owner. The Consultant shall not be held liable for claims of delay caused by the
Owner's failure to timely review and approve any Required Submittal.
1.4 Review and Incorporation of Contract Provisions
Consultant represents and declares that it has carefully reviewed, and fully
understands, this Contract, including all of its Attachments, all of which are by this
reference incorporated into and made a part of this Contract.
1.5 Financial and Technical Ability to Perform
Consultant represents and declares that it is financially solvent, and has the
financial resources necessary, and has sufficient experience and competent, and has
the necessary capital, facilities, organization, and staff necessary to provide,
perform, and complete the Services in full compliance with, and as required by or
pursuant to, this Contract.
1.6 Time
Consultant represents and declares that the Contract Time is sufficient time
to permit completion of the Services in full compliance with, and as required by or
pursuant to, this Contract. for the Contract Price.
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1.7 Consultant's Personnel and Sub -Consultants
A. Consultant's Personnel. Consultant shall provide all personnel
necessary to complete the Services.
B. Approval and Use of Sub -Consultants. Consultant shall perform the
Services with its own personnel and under the management, supervision, and
control of its own organization unless otherwise approved by Owner in writing. All
sub consultants and subcontracts used by Consultant shall be acceptable to, and
approved in advance by, Owner. Owner's approval of any sub -consultant or
subcontract shall not relieve Consultant of full responsibility and liability for the
provision, performance, and completion of the Services in full compliance with, and
as required by or pursuant to, this Contract. All Services performed under any
subcontract shall be subject to all of the provisions of this Contract in the same
manner as if performed by employees of Consultant. Every reference in this
Contract to "Consultant" shall be deemed also to refer to all sub -consultants of
Consultant. Every subcontract shall include a provision binding the sub -consultant
to all provisions of this Contract.
C. Removal of Personnel and Sub- Consultants. If any personnel or sub -
consultant fails to perform the part of the Services undertaken by it in compliance
with this Contract or in a manner reasonably satisfactory to Owner, Consultant,
immediately upon notice from Owner, shall remove and replace such personnel or
sub -consultant. Consultant shall have no claim for damages, for compensation in
excess of the Contract Price, or for a delay or extension of the Contract Time as a
result of any such removal or replacement.
1.8 Owner's Responsibilities
Owner shall, at its sole cost and expense: (a) designate in writing a person
with authority to act as Owner's representative and on Owner's behalf with respect
to the Services except those matters that may require approval of Owner's Board of
Trustees; (b) provide to Consultant all criteria and full information as to Owner's
requirements for the Project or work to which the Services relate, including Owner's
objectives and constraints, schedule, space, capacity and performance requirements,
and budgetary limitations relevant to the Project; (c) provide to Consultant existing
studies, reports, and other available data relevant to the Project; (d) arrange for
access to and make all provisions for Consultant to enter upon public and private
property as reasonably required for Consultant to perform the Services; (e) provide
surveys describing physical characteristics, legal limitations, and utility locations
for the Project and the services of geotechnical engineers or other consultants when
such services are reasonably requested by Consultant and are necessary for the
performance of the Services; (f) provide structural, mechanical, chemical, air and
water pollution tests, test for hazardous materials, and other laboratory and
environmental tests, inspections, and reports required by law to be provided by
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Owner in connection with the Project; (g) review Required Submittals and other
reports, documents, data, and information presented by Consultant as appropriate;
(h) provide approvals from all governmental authorities having jurisdiction over the
Project when such services are reasonably requested by Consultant; (i) except as
provided in Article IV of this Contract, provide all accounting, insurance, and legal
counseling services as may be necessary from time to time in the judgment of
Owner to protect Owner's interests with respect to the Project; 0) attend Project
related meetings; and (k) give written notice to Consultant whenever Owner
observes or otherwise becomes aware of any development that affects the scope or
timing of the Services, provided, however, that failure to give such notice shall not
relieve Consultant of any of its responsibilities under this Contract.
1.9 Owner's Right to Terminate or Suspend Services for Convenience
A. 'Termination or Suspension for Convenience. Owner shall have the
right, at any time and for its convenience, to terminate or suspend the Services in
whole or in part at any time by written notice to Consultant. Every such notice
shall state the extent and effective date of such termination or suspension. On such
effective date, Consultant shall, as and to the extent directed, stop Services under
this Contract, cease all placement of further orders or subcontracts, terminate or
suspend Services under existing orders and subcontracts, and cancel any
outstanding orders or subcontracts that may be canceled.
B. Payment for Completed Services. In the event of any termination
pursuant to Subsection 1.9A above, Owner shall pay Consultant (1) such direct
costs, including overhead, as Consultant shall have paid or incurred for all Services
done in compliance with, and as required by or pursuant to, this Contract up to the
effective date of termination; and (2) such other costs pertaining to the Services,
exclusive of overhead and profit, as Consultant may have reasonably and
necessarily incurred as the result of such termination. Any such payment shall be
offset by any prior payment or payments and shall be subject to Owner's rights, if
any, to withhold and deduct as provided in this Contract.
ARTICLE II
CHANGES AND DELAYS
2.1 Changes
Owner shall have the right, by written order executed by Owner, to make
changes to the timing or scope of the Services to be provided pursuant to this
Contract (a "Services Change Order"). When a Services Change Order causes an
increase or decrease in the amount of the Services, an equitable adjustment. in the
Contract Price or Contract Time may be made. No decrease in the amount of the
Services caused by any Services Change Order shall entitle Consultant to make any
claim for damages, anticipated profits, or other compensation. Consultant shall not
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undertake any change in the Services without receipt of an executed Services
Change Order from Owner.
2.2 Delays
For any delay that may result from causes that could not be avoided or
controlled by Consultant, Consultant, upon timely written application, shall be
entitled to an extension of the Contract Time for a period of time equal to the delay
resulting from such unavoidable cause. No extension of the Contract Time shall be
allowed for any other delay in completion of the Services. In the event of a delay in
the project outside of the control of Consultant that affects Consultant's ability to
perform the Services, the Contract Price shall be adjusted for any actual increase in
costs necessarily incurred by Consultant in the performance of the Services.
2.3 No Constructive Service Change Orders
No claim for an equitable adjustment in the Contract Price or Contract Time
shall be made or allowed unless it is embodied in a Services Change Order agreed to
by Owner and Consultant. If Consultant believes it is entitled to an equitable
adjustment in the Contract Price or Contract Time that has not been included, or
fully included, in a Services Change Order, then Consultant shall submit to Owner
a written request for the issuance of, or revision of, a Services Change Order,
including the equitable adjustment, or the additional equitable adjustment, in the
Contract Price or Contract Time that Consultant claims has not been included, or
fully included, in a Services Change Order. Such request shall be submitted before
Consultant proceeds with any Services for which Consultant claims an equitable
adjustment is due.
ARTICLE+' 111
CONSULTANT'S RESPONSIBILITY FOR DEFECTIVE SERVICES
3.1 Representation of Compliance
A. Scope of Representation. The Services and all of its components shall
conform to the requirements of this Contract and shall be performed in accordance
with Standard of Performance as defined in Subsection 1.11) of this Contract (the
"Representation of Compliance").
B. Opinions of Cost. It is recognized that neither Consultant nor Owner
has control over the costs of labor, material, equipment or services furnished by
others or over competitive bidding, market or negotiating conditions, or construction
contractors' methods of determining their prices. Accordingly, any opinions of
probable Project costs or construction costs provided for herein are estimates only,
made on the basis of Consultant's experience and qualifications and represent
Consultant's best judgment as an experienced and qualified professional, familiar
with the industry. Consultant does not guaranty that proposals, bids or actual
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Project costs or construction costs will not vary from opinions of probable cost
prepared by Consultant.
3.2 Corrections
Consultant shall be responsible for the quality, technical accuracy,
completeness and coordination of all Services tinder this Contract. Consultant
shall, promptly and without charge, correct all errors in any Services provided by
Consultant.
3.3 Risk of Loss
The Services shall be provided, performed, and completed at the risk and cost
of Consultant. Consultant shall be responsible for damages to property or persons
to the extent caused by Consultant's errors, omissions, or negligent acts and for any
losses or costs to repair or remedy any work undertaken by Owner based on the
Services as a result of any such errors, omissions, or negligent acts.
Notwithstanding any other provision of this Contract, Consultant's obligations
under this Section 3.3 shall exist without regard to, and shall not be construed to be
waived by, the availability or unavailability of any insurance, either of Owner or
Consultant, to indemnify, hold harmless, or reimburse Consultant for such
damages, losses, or costs.
ARTICLE IV
INSURANCE; INDEMNIFICATION
4.1 Insurance
Contemporaneous with Consultant's execution of this Contract, Consultant
shall provide certificates and policies of insurance evidencing at least the minimum
insurance coverage and limits set forth in Attachment B. Por good cause shown,
Owner may extend the time for submission of the required policies of insurance
upon such terms, and with such assurances of complete and prompt performance, as
Owner may impose in the exercise of its sole discretion, Such policies shall be in a
form reasonably acceptable to Owner. Such insurance shall provide that no change
to or cancellation of any insurance, nor any reduction in limits or coverage or other
modifications affecting this Agreement, shall become effective until the expiration of
30 days after written notice thereof shall have been given by the insurance company
to Owner. Consultant shall, at all times while providing, performing, or completing
the Services, including without limitation at all times while providing corrective
Services pursuant to Section 3.2 of this Contract, maintain and keep in force, at
Consultant's expense, at least the minimum insurance coverage and limits set forth
in Attachment B.
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4.2 Indemnification
Consultant, without regard to the availability or unavailability of any
insurance, either of Owner or Consultant, shall, to the fhllest extent permitted by
law, indemnify, save harmless, and reimburse Owner against any and all lawsuits,
claims, demands, damages, liabilities, losses, and expenses, including reasonable
attorneys' fees, that may arise or be alleged to have arisen out of or in connection
with Consultant's failure to meet its obligations or representations in tbis Contract
or Consultants negligent acts, errors, or omissions except only to the extent caused
by the sole negligence of Owner.
ARTICLE V
PAYMENT
5.1 Contract Price
Owner shall pay to Consultant, in accordance with and subject to the terms
and conditions set forth in this Article V and Attachment A, and Consultant shall
accept in full satisfaction for providing, performing, and completing the Services,
the amount or amounts in the schedule of prices set forth in Attachment A
("Contract Price"), subject to any additions, deductions, or withholdings provided for
in this Contract. However, notwithstanding anything to the contrary in this
Contract or the attachments, the total contract price shall not exceed $ 45,984.57
without the prior written consent of the Village.
5.2 Taxes, Benefits and Royalties
The Contract Price includes applicable federal, state, and local taxes of every
kind and nature applicable to the Services as well as all taxes, contributions, and
premiums for unemployment insurance, old age or retirement benefits, pensions,
annuities, or other similar benefits. Consultant shall have no claim or right to
claim additional compensation by reason of the payment of any such tax,
contribution, premium, costs, royalties, or fees.
5.3 Progress Payment.
A. Payment in Installments. The Contract Price shall be paid in monthly
installments in the manner set forth in Attachment A ("Progress Payments").
B. Pay Requests. Consultant shall, as a condition precedent to its right to
receive each Progress Payment, submit to Owner an invoice accompanied by such
receipts, vouchers, and other documents as may be necessary to reasonably
establish Consultant's prior payment for all labor, material, and other things
covered by the invoice and the absence of any lien or other interest of any party in
regard to the Services performed under this Contract. In addition to the foregoing,
such invoice shall include (a) employee classifications, rates per hour, and hours
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worked by each classification, and, if the Services are to be performed in separate
phases, for each phase; (b) total amount billed in the current period and total
amount billed to date, and, if the Services are to be performed in separate phases,
for each phase; (c) the estimated percent completion, and, if the Services are to be
performed in separate phases, for each phase; and (d) Consultant's certification
that, to the best of Consultant's knowledge, information, and belief, all prior
Progress Payments have been properly applied to the Services with respect; to which
they were paid. Owner may, by written notice to Consultant, designate a specific
day of each month on or before which pay requests must be submitted.
5.4 Final Acceptance and Final Payment
The Services or, if the Services are to be performed in separate phases, each
phase of the Services, shall be considered complete on the date of final written
acceptance by Owner of the Services or each phase of the Services, as the case may
be, which acceptance shall not be unreasonably withheld or delayed. The Services
or each phase of the Services, as the case may be, shall be deemed accepted by
Owner if not objected to in writing within 30 days after submission by Consultant of
the Services or such phase of Services for final acceptance and payment plus, if
applicable, such additional time as may be considered reasonable for obtaining
approval of governmental authorities having jurisdiction to approve the Services, or
phase of Services, as the case may be. Within 30 days after final acceptance, Owner
shall pay to Consultant the balance of the Contract Price or, if the Services are to be
performed in separate phases, the balance of that portion of the Contract Price with
respect to such phase of the Services, after deducting therefrom charges, if any,
against Consultant as provided for in this Contract ("Final Payment"). The
acceptance by Consultant of Final Payment with respect to the Services or a
particular phase of Services, as the case may be, shall operate as a full and complete
release of Owner of and from any and all lawsuits, claims, or demands for further
payment of any kind for the Services or, if the Services are performed in separate
phases, for that phase of the Services.
5.5 Deductions
A. Owner's Right to Withhold. Notwithstanding any other provision of
this Contract, Owner shall have the right to deduct and withhold from any Progress
or Final Payment that may be or become due under this Contract such amount as
may reasonably appear necessary to compensate Owner for any loss due to (1)
Services that are defective, nonconforming, or incomplete] (2) liens or claims of lien;
(3) claims of Consultant's sub -consultants, suppliers, or other persons regardless of
merit; (4) delay by Consultant in the completion of the Services; (5) the cost to
Owner, including reasonable attorneys' fees, of correcting any of the aforesaid
matters or exercising any one or more of Owner's remedies set forth in Section 6,1 of
this Contract. Owner shall notify Consultant in writing given in accordance with
Section 7.8 of this Contract of Owner's determination to deduct and withhold funds,
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which notice shall state with specificity the amount of, and reason or reasons for,
such deduction and withholding.
B. Use of Withheld Funds, Owner shall be entitled to retain any and all
amounts withheld pursuant to Subsection 5.5A above until Consultant shall have
either performed the obligations in question or furnished security for such
performance satisfactory to Owner. Owner shall be entitled to apply any money
withheld or any other money due Consultant under this Contract to reimburse itself
for any and all costs, expenses, losses, damages, liabilities, suits, judgments,
awards, and reasonable attorneys' fees (collectively "Costs") incurred, suffered, or
sustained by Owner and chargeable to Consultant under this Contract. Owner
shall notify Consultant in writing given in accordance with Section 7.8 of this
Contract of each application by Owner of money to reimburse such Costs.
5.6 Accounting
Consultant shall keep accounts, books, and other records of all its billable
charges and costs incurred in performing the Services in accordance with generally
accepted accounting practices, consistently applied, and in such manner as to
permit verification of all entries. Consultant shall make all such material available
for inspection by Owner, at the office of Consultant during normal business hours
during this Contract and for a period of three years after termination of this
Contract. Copies of such material shall be furnished, at Owner's expense, upon
request.
ARTICLE VI
6.1 Owner's Remedies
If it should appear at any time prior to Final Payment for all work that
Consultant has failed or refused to perform, or has delayed in the performance of,
the Services ("Event of Default"), and has failed to cure any such Event of Default
within five business days after Consultant's receipt of written notice of such Event
of Default, then Owner shall have the right, at its election and without prejudice to
any other remedies provided by law or equity, to pursue any one or more of the
following remedies:
1. Owner may require Consultant, within such reasonable time as may be
fixed by Owner, to complete or correct all or any part of the Services
that are defective, nonconforming, or incomplete and to such other
action as is necessary to bring Consultant and the Services into
compliance with this Contract.
2. Owner may terminate this Contract without liability for further
payment of amounts due or to become due under this Contract.
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3. Owner may recover from Consultant any and all costs, including
reasonable attorneys' fees, incurred by Owner as the result of any
Event of Default or as a result of actions taken by Owner in response
to any Event of Default.
6.2 Consultant's Remedy
Consultant may terminate this Contract upon for failure of Owner to make
Progress Payments to which Consultant is entitled if Owner has failed to cure such
failure within five business days after Owner's receipt of written notice from
Consultant of such failure.
6.3 Terminations and Suspensions by Owner Deemed for Convenience
Any termination or suspension by Owner of Consultant's rights under this
Contract for an alleged default that is ultimately held unjustified shall
automatically be deemed to he a termination or suspension for the convenience of
Owner under Section 1.9 of this Contract.
ARTICLE VII
LEGAL RELATIONSHIPS AND REQUIREMENTS
7.1 Binding Effect
This Contract shall be binding on Owner and Consultant and on their
respective heirs, executors, administrators, personal representatives, and permitted
successors and assigns. Every reference in this Contract to a party shall also be
deemed to be a reference to the authorized officers, employees, agents, and
representatives of such party.
7.2 Relationship of the Parties
Consultant shall act as an independent contractor in providing and
performing the Services. Nothing in, nor done pursuant to, this Contract shall be
construed (1) to create the relationship of principal and agent, partners, or joint
venturers between Owner and Consultant or (2) to create any relationship between
Owner and any sub -consultant of Consultant.
7.3 No Collusion
Consultant hereby represents and certifies that Consultant is not; barred
from contracting with a unit of state or local government as a result of (i) a
delinquency in the payment of any tax administered by the Illinois Department of
Revenue unless Consultant is contesting, in accordance with the procedures
established by the appropriate revenue Act, its liability for the tax or the amount of
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the tax, as set forth in 65 ILCS 5/11-42.1-1; or (ii) a violation of either Section 33E-3
or Section 33E-4 of Article 33E of the Criminal Code of 1961, 720 ILLS 5/33E-1 et
seq. Consultant hereby represents that the only persons, firms, or corporations
interested in this Contract as principals are those disclosed to Owner prior to the
execution of this Contract, and that this Contract is made without collusion with
any other person, firm, or corporation. If at any time it shall be found that
Consultant has, in procuring this Contract, colluded with any other person, firm, or
corporation, then Consultant shall be liable to Owner for all loss or damage that
Owner may suffer thereby, and this Contract shall, at Owner's option, be null and
void.
7.4 Assignment
Consultant shall not (1) assign this Contract in whole or in part, (2) assign
any of Consultant's rights or obligations under this Contract, or (3) assign any
payment due or to become due under this Contract without the prior express
written approval of Owner, which approval may be withheld in the sole and
unfettered discretion of Owner; provided, however, that Owner's prior written
approval shall not be required for assignments of accounts, as defined in the Illinois
Commercial Code, if to do so would violate Section 9-318 of the Illinois Commercial
Code, 81.0 TLCS 5/9-318. Owner may assign this Contract, in whole or in part, or
any or all of its rights or obligations under this Contract, without the consent of
Consultant.
7.5 Confidential Information
All information supplied by Owner to Consultant for or in connection with
this Contract or the Services shall be held confidential by Consultant and shall not,
without the prior express written consent of Owner, be used for any purpose other
than performance of the Services.
7.6 No Waiver
No act, order, approval, acceptance, or payment by Owner, nor any delay by
Owner in exercising- any right under this Contract, shall constitute or be deenned to
be an acceptance of any defective, damaged, flawed, unsuitable, nonconforming, or
incomplete Services, nor operate to waive any requirement or provision of this
Contract or any remedy, power, or right of Owner.
7.7 No Third Party Beneficiaries
No claim as a third party beneficiary under this Contract by any person, firm,
or corporation (other than Owner and Consultant) shall be made or be valid against
Owner or Consultant.
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7.8 Notices
All notices required or permitted to be given under this Contract shall be in
writing and shall be deemed received by the addressee thereof when delivered in
person on a business day at the address set forth below or after being deposited in
the United States mail, for delivery at the address set forth below by properly
addressed, postage prepaid, certified or registered mail, return receipt requested.
Notices and communications to Owner shall be addressed to, and delivered
at, the following address:
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60302
Attention Village Manager
Notices and communications to Consultant shall be addressed to, and
delivered at, the following address:
Kevin D. Nelson
Vice President and Senior Manager,
Highway and Bridge Services
Crawford, Murphy & Tilly, Inc.
550 N. Commons Drive, Suite 116, Aurora, Illinois 60504
The foregoing shall not be deemed to preclude the use of other non -oral means of
notification or to invalidate any notice properly given by any such other nonoral
means.
By notice complying with the requirements of this Section 7.8, Owner and
Consultant each shall have the right to change the address or addressee or both for
all future notices to it, but no notice of a change of address or addressee shall be
effective until actually received.
7.9 Governing Laws
This Contract and the rights of Owner and Consultant under this Contract
shall be interpreted according to the internal laws, but not the conflict of laws rules,
of the State of Illinois; the venue for any legal action arising in connection with this
Contract shall be in the Circuit Court of DuPage County, Illinois.
7.10 Changes in Laws
Unless otherwise explicitly provided in this Contract, any reference to laws
shall include such laws as they may be amended or modified from time to time.
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7.11 Compliance with Laws and Grants
The Services shall be provided, performed, and completed in accordance with
all required governmental permits, licenses, or other approvals and authorizations,
and with applicable statutes, ordinances, rules, and regulations. This requirement
includes, but is not limited to, compliance with the Fair Labor Standards Act; any
statutes regarding qualification to do business; any statutes prohibiting
discrimination because of, or requiring affirmative action based on, race, creed,
color, national origin, age, sex, or other prohibited classification, including, without
limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 etseq.,
and the Illinois Human Rights Act, 775 1LCS 5/1-101 et seq. Consultant shall also
comply with applicable conditions of any federal, state, or local grant received by
Owner or Consultant with respect to this Contract or the Services.
Consultant shall be liable for any fines or civil penalties that may be imposed
or incurred by a governmental agency with jurisdiction over the Services as a result
of Consultant's or its sub -consultants' improper performance of, or failure to
properly perform, the Services or any part thereof'.
Every provision of law required by law to be inserted into this Contract shall
be deemed to be inserted herein.
7.12 Ownership of Documents
Consultant and Consultant's sub -consultants shall be deemed the original
authors and owners respectively of materials produced pursuant to this Contract
and shall retain all common law, statutory and other reserved rights, including
copyrights. Consultant; hereby grants and conveys to Owner perpetual, irrevocable
non-exclusive rights and license to use all Required Submittals and other materials
produced under this Contract for Village purposes and no other purposes.
7.13 Time
Except where otherwise stated, references in this Contract to days shall be
construed to refer to calendar days.
7.14 Severability
The provisions of this Contract shall be interpreted when possible to sustain
their legality and enforceability as a whole. In the event any provision of this
Contract shall be held invalid, illegal, or unenforceable by a court of competent
jurisdiction, in whole or in part, neither the validity of the remaining part of such
provision, nor the validity of any other provisions of this Contract shall be in any
way affected thereby.
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7.15 Attachment
In the event of a conflict between the terms of this Contract and any
Attachment, attached hereto, the terms of this Contract shall control.
7.16 Entire Agreement
This Contract sets forth the entire agreement of Owner and Consultant with
respect to the accomplishment of the Services and the payment of the Contract
Price therefor, and there are no other understandings or agreements, oral or
written, between Owner and Consultant with respect to the Services and the
compensation therefor. The proposal attached as Attachment A is attached hereto
for reference only and other than as specifically referred to and incorporated herein,
the terms and conditions set forth in the proposal do not form part of this
Agreement.
7.17 Amendments
No modification, addition, deletion, revision, alteration, or other change to
this Contract shall be effective unless and until such change is reduced to writing
and executed and delivered by Owner and Consultant.
IN WITNESS W$ REOF, Owner and Consultant have caused this Contract
to be executed in two original counterparts as of the day and year first written
above. =—
Village of
By:
Attest:
By:
Name:
Title
Gopal G. Lalmalani
Village President
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Crawford, Murphy & Tilly, Inc.
By: 11
Name
Title
Attest:
By:
Name
Title
W33432775vi
15
J`
ATTACHMENT A
PROPOSAL
ESTIMATING I SCOPING DATA
2015 Bridge Improvements
For
Village of Oak Brook, Illinois
CONSTRUCTION PHASE ENGINEERING SERVICES
CMT JOB NO. 15251-01-00
April 10, 2015
In
Crawford, Murphy & Tilly, Inc.
Consulting Engineers
Scope Est Data 2016 Bridge Improvements Construction Phase Services 05_15_2015.doc
ESTIMATING / SCOPING DATA
2015 Bridge Improvements
For
Village of Oak Brook, Illinois
CONSTRUCTION PHASE ENGINEERING SERVICES
CMT JOB NO. 15261-01-00
Table of Contents
GENERAL PROJECT INFORMATION...................................................................................... 1
1.0
FIELD SURVEYS................................................................................................................ 2
2.0
UTILITY COORDINATION.................................................................................................. 3
3.0
MATERIAL TESTING......................................................................................................... 3
4.0
RESIDENT ENGINEER/OBSERVATION/DOCUMENTATION...........................................3
5.0
DESIGNER CONSTRUCTION CONSULTATION............................................................... 7
6.0
PROGRESS AND COORDINATION MEETINGS............................................................... 7
7.0
PROJECT ADMINISTRATION............................................................................................ 7
Scope Est Data 2015 Bridge Improvements Construclion Phase Services 05_15_2015.doc
PROJECT SCOPE & ESTIMATING DATA
2015 Bridge Improvements
Village of Oak Brook, Illinois
GENERAL PROJECT INFORMATION
Consultant—Crawford, Murphy and Tilly, Inc. (CMT)
Resident Project Representative (RPR)—Provided by CMT
Design Engineer—CMT
A. Project Limits:
York Road Bridge over 1-88 (S. N. 022.9906):
Western limit - Bridge Approach Sta. 141 + 70 +/-
Eastern limit - Bridge Approach Sta. 146 + 30 +/-
York Road Bridge over 1-88 Connector (S. N. 022-9904):
Southern limit - Bridge Approach Sta. 129 + 40 +/-
Northern limit - Bridge Approach Sta. 132 + 45 +1 -
Windsor Drive Bridge over 1-88 Connector (S. N. 022-6853):
Southern limit - Bridge Approach Sta. 8 + 70 +/-
Northern limit - Bridge Approach Sta. 11 + 30
B. Roadway Data:
Classifications:
York Road: Arterial Roadway.
Windsor Drive: Collector Roadway.
Traffic:
York Road: Regulatory speed limit 40 mph.
Windsor Drive: Regulatory speed limit 25 mph.
C. Summary of contractor's anticipated improvements:
1. Set-up of MOT and protective shield as needed.
2. Partial depth repair of bridge decks
3. Cleaning existing scuppers and downspouts.
4. Apply concrete sealant to bridge decks
5. Repair and HMA resurfacing at bridge approaches
6. Bridge washing, sweeping and cleaning of existing super -structure elements
Page 1 of 8
PROJECT SCOPE & ESTIMATING DATA
2015 Bridge Improvements
Village of Oak Brook, Illinois
D. Anticipated Schedule and Basis of Time Estimated for the Contract
The construction phase engineering effort contained within this agreement has been
based on the following estimating data and understandings, related parameters and
anticipated level of effort based on historic requirements for similar services on highway
improvement projects:
1) Improvements are expected to commence on June 1, 2015 and be
substantially complete by July 29, 2015 with all punchlist items
completed by August 14, 2015.
2) The agreement is based on past project experience and field
engineering/RPR working an average of 9 Hours per day worked by
the contractor.
4) The agreement is based on the Scope provided and estimating
one Full -Time RPR. Field engineering staff will be supplemented with
additional parttime observation personnel during multiple crew
construction and/or days with multiple operations by the contractor.
5) Construction closeout activities are estimated to be an additional
30 calendar days beyond substantial completion. This agreement is
based on all engineering effort being completed by September 11,
2015.
The anticipated effort and estimated manhours for each Task is
defined within the Attachments and Exhibit A, contained within this
agreement.
1.0 FIELD SURVEYS
Limited field survey activities will be required for the limits included in the General
Project Information. CMT will field determine, with the contractor, for additional
delamination or patching/repair limits beyond what is shown on the plans.
Periodic Field Verification of Constructed Work Items and Improvements
These survey checks will be performed to verify the accuracy of the proposed
improvements and/or construction staking prior to construction of the project pay items
constructed by the contractor on the project. The surveys may include validation of the
correct alignment horizontally and vertically of the proposed improvements actually
constructed by the contractor.
Since the project was designed without actual surveyed data, the contractor will confer
with the RPR prior to beginning construction.
Page 2 of 8
PROJECT SCOPE & ESTIMATING DATA
2015 Bridge Improvements
Village of Oak Brook, Illinois
2.0 UTILITY COORDINATION
This item will include efforts necessary to coordinate with the various utilities located
throughout the project limits. This will include verification of existing utility locations
previously obtained during the design process and evaluation of actual field conditions
that are determined during construction.
This task further includes efforts necessary to participate in Utility coordination meetings
and follow-up engineering effort to accommodate or evaluate field conditions that
require adjustments to the existing utility facilities encountered during construction.
3.0 MATERIALTESTING
Task 3.1 Coordination and Scheduling of Testing Operations
Material testing for concrete/bituminous materials placed in the improvements is
included in Engineering Contract Scope. CMT will contract and coordinate efforts with a
reputable, licensed material testing firm in the area.
Task 3.2 Review, Evaluation and Dissemination of Testing Results
Work on this item will include the review, evaluation and follow-up action necessary to
document and disseminate the contractor's material testing completed on the project.
The work will include efforts to take corrective action or make necessary modifications to
the contractor's performance in order to meet the project contract document
requirements.
4.0 RESIDENT PROJECT REPRESENTATIVE(RPR)/OBSERVATIONDOCUMENTATION
Task 4.1 General Duties of the Resident Project Representative (RPR)
CMT shall furnish a Resident Project Representative ("RPR") to observe progress and
quality of the Work. The RPR may provide full time representation or may provide
representation to a lesser degree as warranted by contractor operations.
Through RPR`s observations of Contractor's work in progress and field checks of
materials and equipment, RPR will endeavor to provide further protection on behalf of
the Village against defects and deficiencies in the Work. However, RPR shall not,
during such RPR field checks or as a result of such RPR observations of Contractor's
work in progress, supervise, direct, or have control over Contractor's Work, nor shall
RPR have authority over or responsibility for the means, methods, techniques,
sequences, or procedures of construction selected or used by any contractor, for
security or safety at the Site, for safety precautions and programs incident to any
contractor's work in progress, or for any failure of a contractor to comply with Laws and
Regulations applicable to such contractor's performing and furnishing of its work. The
Pege 3 of 8
PROJECT SCOPE & ESTIMATING DATA
2015 Bridge Improvements
Village of Oak Brook, Illinois
RPR neither guarantees the performances of any contractor nor assumes responsibility
for Contractor's failure to furnish and perform the Work in accordance with the Contract
Documents.
The duties and responsibilities of the RPR are as follows:
Task 4.1.1 Field Engineering
General: RPR is Village's representative at the Site, and will represent the Village.
RPR's dealings in matters pertaining to the Contractor's work in progress shall in
general be with the Contractor. RPR's dealings with Subcontractors shall only
be through or with the full knowledge and approval of Contractor. RPR shall
occasionally communicate with Village, particularly if work necessitates an
appreciable change in the Village's financial obligations.
Schedules: Review the progress schedule, schedule of Shop Drawing and Sample
submittals, and schedule of values prepared by Contractor, make
recommendation and determine acceptability.
Conferences and Meetings: Attend meetings with Contractor, such as preconstruction
conferences, progress meetings, job conferences and other project -related
meetings, and prepare and circulate copies of minutes thereof.
Liaison: Serve as Village's liaison with Contractor. Working principally through
Contractor's authorized representative or designee, assist in providing
information regarding the intent of the Contract Documents..
Assist in obtaining additional details or information, when required for proper
execution of the Work.
Interpretation of Contract Documents: Provide clarifications and interpretations of the
Contract Documents as needed and transmit to Contractor clarifications and
interpretations.
Modifications: Consider and evaluate Contractor's suggestions for modifications in
Drawings or Specifications and document such suggestions, together with RPR's
recommendations. Transmit to Contractor in writing decisions..
Review of Work and Rejection of Defective Work: Conduct on-site observations of
Contractor's work in progress to determine if the Work is in general proceeding
in accordance with the Contract Documents.
Report to Village whenever RPR believes that any part of Contractor's work in
progress will not produce a completed Project that conforms generally to the
Contract Documents or will imperil the integrity of the design concept of the
completed Project as a functioning whole as indicated in the Contract
Documents, or has been damaged, or does not meet the requirements of any
inspection, test or approval required to be made: and advise Village of that part
of work in progress that RPR believes should be corrected or rejected or should
be uncovered for observation, or requires special testing, inspection, or approval.
Pane 4 of 8
PROJECT SCOPE & ESTIMATING DATA
2015 Bridge Improvements
Village of Oak Brook, Illinois
Endeavor to safeguard the Village against any defects and deficiencies on the
part of the Contractor. The RPR does not guarantee the performance of the
contract by the Contractor, except that the RPR shall ensure that, to the best of
the RPR's knowledge, information and belief, the work has been done in
substantial conformance with the approved plans and specifications and advise
the Village in writing of any known noncompliance set forth in the contract. This
does not in any way mean that the RPR is a guarantor of the Contractor's work.
The RPR assumes no responsibility for safety in, on or about the job site, nor
shall the Resident Engineer have any responsibility for the safety or adequacy of
any equipment, building component, scaffolding, forms or other work aids
provided by the contractor; nor is the RPR responsible for the superintendence
of the contractor's work or any acts of the contractor.
Records: Maintain at the Site orderly files for correspondence, reports of job
conferences, reproductions of original Contract Documents including all change
orders, field orders, work change directives, addenda, additional Drawings
issued subsequent to the execution of the Construction Contract, Engineer's
clarifications and interpretations of the Contract Documents, progress reports,
Shop Drawing and Sample submittals received from and delivered to Contractor,
and other Project -related documents.
Prepare a daily report or keep a diary or log book, recording Contractor's hours
on the Site, weather conditions, data relative to questions of change orders, field
orders, work change directives, or changed conditions, site visitors, daily
activities, decisions, observations in general, and specific observations in more
detail as in the case of observing test procedures; and upon request send copies
to Village.
Record names, addresses, fax numbers, e-mail addresses, web site locations,
and telephone numbers of all Contractors, Subcontractors, and major Suppliers
of materials and equipment. Maintain records for use in preparing Project
documentation. Upon completion of the Work, furnish original set of all RPR
Project documentation to Village.
Reports: Upon request, furnish to Village periodic reports as required of progress of the
Work and of Contractor's compliance with the progress schedule and schedule
of Shop Drawing and Sample submittals. Draft and recommend to Village
proposed change orders, work change directives, and field orders. Obtain
backup material from Contractor. Immediately notify Village Engineer of the
occurrence of any Site accidents, emergencies, acts of God endangering the
Work, damage to property by fire or other causes, or the discovery of any
Constituent of Concern.
Payment Requests: Review and prepare applications for payment (including change
orders and extra work orders) with Contractor for compliance with the
established procedure for their submission and forward with recommendations to
Village, noting particularly the relationship of the payment requested to the
schedule of values, Work completed, and materials and equipment delivered at
the Site but not incorporated in the Work.
Page 5 of 8
CT
2015 Bridge Improvements
Village of Oak Brook, Illinois
Certificates, Operation and Maintenance Manuafs: During the course of the Work, verify
that materials and equipment certificates, operation and maintenance manuals
and other data required by the Contract Documents to be assembled and
furnished by Contractor are applicable to the items actually installed and in
accordance with the Contract Documents.
Completion: Participate in visits to the Project to determine Substantial Completion,
assist in the determination of Substantial Completion and the preparation of lists
of items to be completed or corrected.
Participate in a final visit to the Project in the company of Village representatives
and Contractor, and prepare a final list of items to be completed and deficiencies
to be remedied.
Observe whether all items on the final list have been completed or corrected and
make recommendations concerning acceptance and issuance of the Notice of
Acceptability of the Work.
Final Quantities: Final quantities associated with the accepted construction work shall
be submitted to the Village within thirty (30) days after final acceptance of the
construction work.
Resident Project Representative (RPR) shall not:
• Authorize any deviation from the Contract Documents or substitution of
materials or equipment (including "or -equal" items).
• Exceed limitations of Village Engineers authority as set forth in this
Agreement.
• Undertake any of the responsibilities of Contractor, Subcontractors or
Suppliers.
• Advise on, issue directions relative to, or assume control over any aspect
of the means, methods, techniques, sequences or procedures of
Contractor's work.
• Advise on, issue directions regarding, or assume control over security or
safety practices, precautions, and programs in connection with the
activities or operations of Village or Contractor.
• Participate in any field or laboratory tests or inspections conducted off-
site by others.
• Accept shop drawing or sample submittals from anyone other than
Contractor.
• Authorize Village to occupy the Project in whole or in part.
Pago 6 of 8
PROJECT SCOPE & ESTIMATING DATA
2016 Bridge Improvements
Village of Oak Brook, Illinois
Task 4.1.2 Office Engineering
Supplementary Sketches: Preparation of elementary and supplementary sketches plus
estimates required to resolve actual field conditions.
Record Drawings: The Consultant shall prepare Record Drawings within thirty (30) days
after Official Acceptance the Construction Work; and after approval by the
Village Engineer, furnish one (1) set of such record drawings. The submittal
format shall be in accordance with the current policies of the Village.
Materials Certification: Prior to reporting a pay item quantity for payment, the materials
used and incorporated in, or associated with the pay item, shall be verified for
specification compliance by the RPR. The RPR shall obtain and review all
certifications and/or test results required by the policies of the Village. At the
completion of, or any time prior to the completion of the final quantity of a pay
item, the RPR shall submit the aforementioned material certifications and/or test
results, that were utilized for acceptance of material, to the City for review and
final approval. Prior to final payment of engineering services under this
agreement, the RPR shall have submitted required certifications and test results
to the Village.
5.0 DESIGNER CONSTRUCTION CONSULTATION
This task includes engineering effort necessary to coordinate with office engineering
staff to verify the design intent and or clarification of items within the project documents
prior to incorporation into the project construction. Effort may include consultation with
civil engineering, structural engineering, other design professionals to confirm the
proposed project design requirements or to render opinions with respect to
constructability of a particular work item.
6.0 PROGRESS AND COORDINATION MEETINGS
This task will include attendance at progress and construction coordination meetings
with the Village and Contractor or various other related agencies throughout the duration
of the contract. The effort will include the preparation of pre -meeting agendas, notes
and meeting minutes following the meeting to the participants.
7.0 PROJECT ADMINISTRATION
General Administration of Construction Contract: Consult with Village and act as
Village's representative as provided in the Construction Contract. The extent and
limitations of the duties, responsibilities, and authority of RPR as assigned in the
Construction Contract shall not be modified, except as Engineer may otherwise agree in
writing. All of Village's instructions to Contractor will be issued through the RPR, which
shall have authority to act on behalf of the Village in dealings with Contractor to the
Page 7 of 8
PROJECT SCOPE & ESTIMATING DATA
2015 Bridge Improvements
Village of Oak Brook, Illinois
extent provided in this Agreement and the Construction Contract except as otherwise
provided in writing.
Subtask Definitions:
Task 7.1 Project Setup
Includes project management for the file set-up and coordination of early activities with
the Contractor and Village including the kick-off meeting and schedule reviews.
Task 7.2 Communications with the Village & Other Agencies
Includes coordinating with the Village, Tollway and/or other impacted agencies via email
and telephone throughout the construction phase.
Task 7.3 Preparation of Monthly Progress Reports
Prepare a monthly progress report that will summarize the previous month's activities
along with the anticipated work for next month. This report will also include information
related to schedule adherence, pendingtupcoming issues, potential schedule delays,
any anticipated out of scope work and any project updates since the last reporting
period.
Task 7.4 Personnel Planning, Scheduling, Budget Control
CMT utilizes a BST accounting system and assigns a task number for each unit of work
to be completed which allows the project manager to better monitor and schedule
resources while having control on the overall project budget.
Task 7.5 Contract Administration and Billings
Prepare a monthly summary of the effort expended and an invoice in accordance with
the Village of Oak Brook contract including a breakdown of the labor and expenses
incurred.
Task 7.6 Project Close-out
Includes project management for the final delivery of the contract record drawings in
both electronic and hard copy format along with archiving the information for future use
by the Village.
Page 8 of 8
Oak n,0038loe 2015 ConsWdbn_cECS 04242015(welon 1) rx 1o19
s.'kius (e.1s nal
Village of Oak Brook
2015 Bridge Improvements
Manhour Estimate for Consruction Observation Services
Crawford, Murphy, and Tilly, Inc.
Summary of Manhours
Proposed
Item
Task
CMTHours
1
Field Surveys
30
2
Utility Coordination
12
3
Material Testing Coordination
10
4
Resident Project Representative/Observation/oocumenlation
250
5
Designer Construction Consultation
16
6
Progress and Coordination Meetings
10
7
Project Administialion
60
Total
396
Item
Task noted
1
Field Surveys
1.1 Review Available data slid Record Drawings
4
1.2 Periodic Field Verification of Constructed Work Items and Improvements
20
1.3 Office Selup and Coordination
6
Sub - total:
30
2
Utility Coordination
2.1 Verification of existing utilities as shown on (he plans
2
2.2 Utility Coordinsllon Meetings
4
2.3 Eng afraid to evaluate any required adjustments or utility projections
4
2.4 Provide necessary exhibits for utility adjustments
2
Sub -total:
12
3
Material Testing Coordination
3.1 Coordination and Scheduling of Testing Operations
6
'..
3.2 Reviow, Evaluation and Dissemination of Testing Results
4
Sab - total:
10
4
Resident Project RepresentativelObservalion/Documentation
4.1 General Duties of the RPR
4.1.1 Pimd Engineering
Assume 1 RPR 4.5 hours/day x 5 daysMaok x 10 weeks
225
4.1.2 Office En0ineering
Assume 1 Person 0.5 hours/day x 5 days/week x 10 weeks
25".
Sub total:
250 '..
5
Designer Construction Consultation
Assume 1 Person 1 hoursrday x 2 dayslweek x 6 weeks
16
Sub - total:
16
6
Progress and Coordination Meetings
Assume 1 RPR i la urslweek x 10 weeks
10
Soh - total:
10
7
Project Administration
7.1 Noted Setup
12
7.2 Communicaliuns with Village and Other Agencies
16
7.3 Preparation of Monthly Progress Reports
6
7.4 Personnel planning, scheduling and budget control
6
7.5 Contract Administration and Billings
6
7.6 Pmjecl Close-oui
20
Sub -total:
66
Total:
396
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Village of Oak Brook
2015 Bridge Improvements
Estimate of Direct Costs for
Phase III Engineering: Construction Services
Crawford, Murphy, and Tilly, Inc.
Item 1: Field Surveys
1. Travel: 2 days @ $66/day $130.00
Sub - total $130.00
Item 2: Utility Coordination
1. No Direct Costs $0.00
Sub - total $0.00
Item 3: Material Testing Coordination
1. As needed ---testing Firm --TBD $1,000.00
Sub - total $1,000.00
Item 4: Resident Project Representative/Observatlon/Documentation
1. Travel: RE ---70 days @ 50 miles/day x $.575/mlle $2,012.50
2. Printing: Project Closeout Box
1 Copies @ $100/Box $100.00
Oak Brook Bridge 2015 Conslruction_CECS 04242015 (version 1).xiss 1 of 1 5/20/201.5 (0:03 AM)
Sub - total
$2,112.50
Item 5: Designer Construction Consultation
1. No Direct Costs
$0.00
Sub - total
$0.00
Item 6: Progress and Coordination Meetings
1. No Direct Costs
$0.00
Sub - total
$0.00
Item 7: Project Administration
1. No Direct Costs
$0.00
Sub - total
$0.00
Total
$3,242.50
Oak Brook Bridge 2015 Conslruction_CECS 04242015 (version 1).xiss 1 of 1 5/20/201.5 (0:03 AM)
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Village of Oak Brook
2015 Bridge Improvements
Computation of Prorated
Project Hourly Rates
Crawford, Murphy, and Tilly, Inc.
Classification
2015
Average
Hourly
Rate
Escalation
Factor
Escalated
Rate"
Principal
$73.59
1.0000
$73.59
Senior Project Engineer/ Manager
$58.29
1.0000
$58.29
Project Engineer/Manager
$45.33
1.0000
$45.33
Senior Engineer
$35.34
1.0000
$35.34
Senior Technical Manager
$38.94
1.0000
$38.94
Engineer
$27.96
1.0000
$27.96
Registered Land Surveyor
$40.50
1.0000
$40.50
Senior Technician
$34.51
1.0000
$34.51
Technician II
$26.08
1.0000
$26.08
Clerical/Word Processor
$20.51
1.0000
$20.51
' Rates to be applied to all project work tasks
Oak Brook Bridge 2015 Construction_CECS 04242015 (version 1).xlsx 5/20/2015 (8:15 AM)
ATTACHMENT B
INSURANCE REQUIREMENTS
INSURANCE:
Certificates of Insurance shall be presented to the Village upon execution of
this contract and vendor shall not commence work until it provides and
receives acceptance of insurance certificates from the Village as required by
this exhibit.
Each contractor performing any work pursuant to a contract with the Village of
Oak Brook and each permittee working under a permit as required pursuant
to the provisions of Title 1 of Chapter 8 of the Code of Ordinances of the
Village of Oak Brook (hereinafter referred to as "Insured") shall be required to
carry such insurance as specified herein. Such contractor and permittee shall
procure and maintain for the duration of the contract or permit Insurance
against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work under the contract or
permit, either by the contractor, permittee, or their agents, representatives,
employees or subcontractors.
A contractor or permittee shall maintain insurance with limits no less than:
A. General Liability - $2,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage, provided that when
the estimated cost of the work in question does not exceed $25,000, the
required limit shall be $1,000,000;
B. Automobile Liability (if applicable) - $1,000,000 combined single limit
per accident for bodily injury and property damage;
C. Worker's Compensation and Employer's Liability - Worker's
Compensation limits as required by the Labor Code of the State of
Illinois and Employer's Liability limits of $1,000,000 per accident.
Any deductibles or self-insured retention must be declared to and approved
by the Village. At the option of the Village, either the insurer shall reduce or
eliminate such deductible or self-insured retention as respects the Village, its
officers, officials, employees and volunteers; or the Insured shall procure a
bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses to the extent of such deductible or self-
insured retention.
The policies shall contain, or be endorsed to contain, the following provisions
D. General Liability and Automobile Liability Coverage -
(1) The Village, its officers, officials, employees and volunteers are to
be covered as additional insureds as respects: liability arising
out of activities performed by or on behalf of the Insured; premises
owned, occupied or used by the Insured. The coverage shall
contain no special limitations on the scope of protection afforded
to the Village, its officers, officials, employees, volunteers, or
agents.
(2) The Insured's insurance coverage shall be primary insurance as
respects the Village, its officers, officials, employees, volunteers
and agents. Any insurance or self-insurance maintained by the
Village, Its officers, officials, employees, volunteers or agents shall
be in excess of the Insured's insurance and shall not contribute
with it.
(3) Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the Village, its officers, officials,
employees, volunteers or agents.
(4) The Insured's insurance shall apply separately to each covered
party against whom claim is made or suit is brought except with
respect to the limits of the insurer's liability.
E. Worker's Compensation and Employer's Liability Coverage
The policy shall waive all rights of subrogation against the Village,
its officers, officials, employees, volunteers and agents for losses
arising from work performed by the insured for the Village.
Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in
limits except after thirty (30) days prior written notice by certified mail has
been given to the Village. Each insurance policy shall name the Village, its
officers, officials and employees, volunteers and agents as additional
Insureds. Insurance is to be placed with insurers with a Best's rating of no
less than A: VII.
Each Insured shall furnish the Village with certificates of insurance and with
original endorsements effecting coverage required by this provision. The
certificate and endorsements for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The
certificates and endorsements are to be on forms approved by the Village
and shall be subject to approval by the Village Attorney before work
commences. The Village reserves the right to require complete, certified
copies of all required insurance policies, at any time.
Each insured shall include all subcontractors as insureds under its policies
or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.