Loading...
R-1872 - 04/14/2020 - CONTRACTS - Resolutions Supporting Documentsgip. y-4?ij. Y.+ REVIEW OF CONTRACTS Awarding A ency: T pe of Contract: DeP art t: Program/Account Number: Awarded Contract Price: Budgeted Amount: Loco tPso. DD S LP to LP S-0 Under $20,000 500,001 - $1,000,000 20,000 - $500,000 Over $1,000,000 Name: Date: Name Date:G 2p20 Name;. L Date: Name: Date: gwzo eIX Three (3) Originals signed by other party Date/InitialsZA4)p re s provided to staff member for other party Date/Initial/i- x t--- --1 Original provided to Official Files Date/Initial#4 ,Pij 4,— Village of Oak Brook I Approved by Board of Trustees- Date/Initials: ENGINEERING DESIGN SERVICES AGREEMENT VILLAGE OF OAK BROOK SPORTS CORE OSLAD IMPROVEMENTS AND BATH & TENNIS SHORELINE STABILIZATION PROJECTS THIS AGREEMENT, made and entered into this day of f L 2020, by and between Christopher B. Burke Engineering, LTD., (her inafter 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 Sports Core OSLAD Improvements and Bath & Tennis Shoreline Stabilization Projects (hereinafter referred to as "PROJECTS"). The VILLAGE wishes to retain ENGINEER for these certain professional engineering services and ENGINEER is willing to perform such services for the compensation and in accordance with the terms and conditions described in this Agreement. NOW, THEREFORE, in consideration of the mutual benefits, covenants and agreements contained within this Agreement, the parties agree as follows: 1.SCOPE OF SERVICES ENGINEER agrees to perform engineering consulting services as defined in the Scope of Services attached as Appendix I and made a part of this Agreement. 2.COMPENSATION AND PAYMENT ENGINEER shall be paid by VILLAGE for all services stipulated within this Agreement according to the Compensation Schedule attached as Appendix II and made a part of this Agreement. Payment to ENGINEER shall be made by VILLAGE upon receipt of ENGINEER'S monthly invoice. The invoice shall consist of a summary of direct labor hours by ENGINEER'S standard job classification times the respective factors as depicted in Appendix II plus listing of reimbursable costs incurred with copies of appropriate invoices. The invoice will state the phase of work for which it applies, if a multi-phase scope is used e.g., design, construction, etc.). If VILLAGE identifies an item in the invoice which appears to be in error, VILLAGE may withhold the amount in question,pay the balance of the invoiced amount, and provide ENGINEER with a statement concerning the questioned item. Alternatively, VILLAGE may pay the invoiced amount in full, provide ENGINEER with a statement of the questioned item, and an adjustment, if appropriate, will be made in the next subsequent invoice submitted by ENGINEER. Engineer will mark"Invoice number and final" on the invoice which closes out this contract or a phase of the contract. Page 1 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 PROJECTS 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 PROJECTS, 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, Page Z 11850987 vl other contractors or subcontractors performing any of the work or providing any of the services on the PROJECTS, 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 PROJECTS documents, or any other agreement concerning the PROJECTS. Any provision which purports to amend this provision shall be without effect unless it contains a reference that the content of this Subsection 5(c) is expressly amended for the purposes described in such amendment and is signed by ENGINEER. d.Corrections In the event plans, surveys or construction staking is found to be in error and revisions of the plans or survey or construction staking are necessary, the ENGINEER agrees that he will perform such work without expense to the VILLAGE, even though final payment has been received by him. He shall give immediate attention to these changes so there will be a minimum delay to the contractor. e.Suspension of Services VILLAGE may, at any time, by written order to ENGINEER (Suspension of Services Order),require ENGINEER to stop all,or any part of,the services required by this Agreement. Upon receipt of such an order, ENGINEER shall immediately comply with its terms and take all reasonable steps to minimize the occurrence of costs allocable to the services covered by the order. ENGINEER will not be obligated to provide the same personnel employed prior to suspension when the services are resumed,in the event the period of any suspension exceeds thirty(30) days. f.Termination 1) The VILLAGE shall have the right to terminate this Agreement with or without cause upon serving thirty (30) days written notice upon the other party. 2) Upon such termination, the liabilities of the parties to this Agreement shall cease, but they shall not be relieved of the duty to perform their obligations up to the date of termination. All warranties and the provisions of Section 5, Paragraph I shall be in full force and effect after termination. 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 PROJECTS which ENGINEER is then accomplishing for the VILLAGE. ENGINEER shall be paid for any Page 3 11850987 vl 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 furnished by the ENGINEER pursuant to this Agreement will be in accordance with the current standard specifications and policies of the VILLAGE, it being understood that all such plans and drafts shall, before being finally accepted, be subject to approval by the VILLAGE. 2) That he has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person,other than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach or violation of this warranty, the VILLAGE shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission,percentage, brokerage fee, gift, or contingent fee. 3) The ENGINEER represents and certifies that the ENGINEER is not barred from contracting with a unit of state or local government as a result of: (1) a delinquency in the payment of any tax administered by the Illinois Department of Revenue, unless the ENGINEER is contesting, in accordance with the procedures established by the appropriate revenue act, its liability for the tax or the amount of the tax, as set forth in Section 11- 42.1-1 et seq. of the Illinois Municipal Code, 65 ILCS 5/11-42.1-1 et seq.; or (2) a violation of either Section 33E-3 or Section 33E-4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1 et seq. ENGINEER represents that the only persons, firms, or corporations interested in this Agreement as principals are those disclosed to the VILLAGE prior to the execution of this Agreement, and that this Agreement is made without Page 4 11850987_vl 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 PROJECTS; and that he has and will furnish sufficient, properly trained and experienced personnel to perform the services enumerated herein. 5) That he will not employ, for the duration of this Agreement, any person presently employed by the VILLAGE without the written consent of the VILLAGE. 6) ENGINEER represents and certifies that, to the best of its knowledge: (1) no elected or appointed VILLAGE official, employee or agent has a personal financial interest in the business of ENGINEER or in this Agreement, or has personally received payment or other consideration for this Agreement; (2) as of the date of this Agreement, neither ENGINEER nor any person employed or associated with ENGINEER has any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement; and (3) neither ENGINEER nor any person employed by or associated with ENGINEER shall at any time during the term of this Agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement. i.Documents Property of VILLAGE Drawings, specifications, reports, and any other documents prepared by ENGINEER in connection with any or all of the services furnished hereunder shall be the property of VILLAGE and the VILLAGE shall obtain any and all intellectual property rights in the drawings, specifications, reports, and documents prepared by ENGINEER in connection with any and all of the services furnished hereunder. ENGINEER shall have the right to retain copies of all documents and drawings for its files. All construction drawings shall be prepared electronically using MICROSTATION software. Paper copies will be provided to the VILLAGE in full-size(24"x 36")or quarter-size(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". Page 5 11850987 vl 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 PROJECTS only. They should not be used or modified by VILLAGE or others on extensions of the PROJECTS 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. Page 6 1185o987 v1 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 PROJECTS. 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 PROJECTS. The persons designated shall review and respond promptly to all communications received from the other party. Page 7 11850987_vl U.Address for Notices Whenever it is provided in this Agreement that notice shall be given or other communication sent to ENGINEER, such notices or communications shall be delivered or sent to: Christopher B. Burke Engineering, LTD. 9575 West Higgins Road Suite 600 Rosemont, Illinois 60018 Attn: Orion C. Galey, PE Whenever it is provided in this Agreement that notice shall be given or other communication sent to the VILLAGE, such notices or communications shall be delivered or sent to: VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523 Attn: Doug Patchin Director of Public Works Notices personally delivered or sent via U.S. Mail, postage prepaid, shall be deemed, for all purposes, proper notice. V.Insurance ENGINEER agrees to obtain and maintain, for the term of this Agreement, and for a period of twelve(12)months after the services contracted for hereunder have been completed, insurance hereinafter provided, furnishing a certificate or certificates of insurance to the VILLAGE prior to commencing work under this Agreement. The certificate or certificates of insurance shall be in a form satisfactory to the VILLAGE from companies authorized to do business in Illinois and shall provide that the policies referred to shall not be canceled or changed without first giving thirty (30) days written notice thereof to the VILLAGE. Said insurance requirements are attached as Appendix IV and made a part of this Agreement REQUIRED INSURANCE POLICIES"). The VILLAGE shall be named as an additional insured and a cancellation notice recipient on all Required Insurance Policies. W. Additional Services ENGINEER shall supply such additional services as requested in writing by VILLAGE and agreed to by ENGINEER in connection with the PROJECTS. 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. Page 8 11850987_vl ENGINEER shall supply such additional services as requested in writing by VILLAGE and agreed to by ENGINEER in connection with the PROJECTS. 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 under this Agreement by any person, firm,or corporation shall be made or be valid against the Village. Z. Conflicts If any provisions of this Agreement conflict with any provisions of the attached appendices 1 through IV, the provisions of this Agreement shall control. IN WITNESS WHEREOF, the parties set their hands and seals on the date first written above. VILLAGE OF OAK BROOK ATTEST: A Municipal Corporate Vil age Manager Village Clerk CHRISTOPHER B. BURKE ATTEST: ENGINEERING, LTD. Duly Authorized Officer Michael Kerr,President OFFICIAL SEAL" SHERRY SPORINA NOTARY PUBLIC,STATE OF ILLINOIS Page 9 M Commission Ex ires 08/13/2023 11850987 vl APPENDIX 1 SCOPE OF SERVICES Per Proposal for Professional Engineering Design Services submitted by Christopher B. Burke Engineering, LTD., dated April 2, 2020 Page 10 11850987 vl APPENDIX II COMPENSATION SCHEDULE Per Proposal for Professional Engineering Design Services submitted by Christopher B. Burke Engineering, LTD., dated April 2, 2020 Page 11 11850987_v1 APPENDIX III TIME SCHEDULE Per Proposal for Professional Engineering Design Services submitted by Christopher B. Burke Engineering, LTD., dated April 2, 2020 Page 12 11850987_v1 3 CHRISTOPHER B. BURKE ENGINEERING, LTD. 9575 W Higgins Road, Suite 600 Rosemont, Illinois 60018-4920 Tel (847)823-0500 Fax(847)823-0520 April 2, 2020 Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 Attention:Mr. Doug Patchin, Public Works Director Subject: Proposal for Professional Engineering Design Services Sports Core OSLAD Improvements and Bath & Tennis Shoreline Stabilization Project Dear Mr. Patchin: Christopher B. Burke Engineering, Ltd. (CBBEL) is providing this proposal to provide professional engineering services related to the preparation of the bidding documents and plans for the Village's OSLAD improvements and Shoreline Stabilization Project located at the Bath & Tennis Property. We understand that the Village will fund the project utilizing grant funds from the IDNR's Open Space Land Acquisition and Development (OSLAD) grant program and DuPage County Water Quality Improvement Program (DuPage County WQIP). Therefore, procedural guidelines must be met per the associated intergovernmental agreements and said agencies review and approval will be required. Included below you will find our Understanding of the Assignment, Scope of Services and Determination of Fee. UNDERSTANDING OF THE ASSIGNMENT Christopher B. Burke Engineering, Ltd. (CBBEL) understands that the Village of Oak Brook would like to construct a new jogging track, soccer fields, and a picnic shelter with walking paths connecting these new elements within the Sports Core (OSLAD Project). Additionally, we understand the Village would like to include the shoreline stabilization of the banks of the pond located at the Oak Brook Bath and Tennis Club (DuPage County WQIP) as part of the same contract. It is understood that a topographic survey will not be required and that the design will be overlaid on the most current aerial available. Current LIDAR contours will also be included in the plan drawings. The estimated construction budget for the OSLAD Project and DuPage County WQIP are 463,626 and $128,875 respectively. It is anticipated that the project will be designed in 2020 and construction will begin in the fall of 2020. SCOPE OF SERVICES Design Engineering: Task 1 —Kick-off Meeting CBBEL will attend a Kick-off Meeting with Village staff to discuss the goals, materials and other objectives of the project to refine the scope and schedule. CBBEL will collect, examine, review and evaluate data to be utilized for the preparation of the Contract Documents. Task 2— Preliminary Plans, Specifications and Cost Estimate CBBEL will prepare preliminary contract documents consisting of plans, specifications, estimate of time, and a refined estimate of construction cost. The plans will be prepared in accordance with all required design criteria included in the grant IGA's. CBBEL will use IDOT standard pay items or Village standard special provisions where applicable. Otherwise, project-specific special provisions will be written as needed. Plans, special provisions, and the estimate of cost will be submitted to the Village, IDNR, and County for review. Task 3— Pre-Final Plans, Specifications and Estimates, Permitting Based on preliminary review by the Village and other governmental agencies, CBBEL will revise the plans, specifications and cost estimate for re-submittal to reviewing agencies. During this time all necessary permit applications will be prepared and submitted to the appropriate review agencies. This includes but is not limited to DuPage County Stormwater, IDNR, and USACE permits. Task 4— Final Plans, Specifications and Estimates Upon meeting with the Village staff to review their comments on the pre-final submittal, CBBEL will revise and finalize the contract documents and cost estimate. During this task the exact letting date will be determined and an estimated construction schedule will be provided. Task 5—Bid Documents CBBEL will make the final revisions to the final submittal based on the final review comments. The requested number of copies of plans and specifications will be submitted to the reviewing agencies and the Village. A final estimate of cost and estimate of required working days will also be submitted. In addition to printed copies, we will provide the plans, specifications and estimate to the Village in electronic format. DETERMINATION OF FEE CBBEL proposes the following not to exceed fees for each of the tasks described above for each Area: Design Engineering Services (OSLAD Project) Task 1 — Kick-off Meeting 1,750 Task 2— Preliminary Plans, Specifications and Cost Estimate 18,500 Task 3— Pre-Final Plans, Specifications and Estimates, Permitting $ 12,500 Task 4— Final Plans, Specifications and Estimates 9,500 Task 5— Bid Documents 4,100 Sub Total $ 46,350 Design Engineering Services (DuPage County WQIP) Task 1 — Kick-off Meeting 700 Task 2— Preliminary Plans, Specifications and Cost Estimate 7,500 Task 3—Pre-Final Plans, Specifications and Estimates, Permitting $ 7,500 Task 4—Final Plans, Specifications and Estimates 2,500 Task 5— Bid Documents 2,100 Sub Total $ 20,300 GRAND TOTAL $ 66,650 Our contract will be in accordance with the Village of Oak Brook's approved Engineering Services Agreement, Rider No. 1, General Terms and Conditions and Standard Charges. 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, Michael E. Kerr, PE President THIS P ;OP SAL ACCEPTE FO T E'VI LAGE OF OAK BROOK: BY: TITLE: DATE: OCG NAPR0P0SALS\ADMIN\2020\0ak Brook\OSLAD and DCWQIP Design Engineering(letterhead).doc APPENDIX IV Insurance Engineer shall maintain for the term of this Agreement, and for a period of twelve months after the services is contracted for hereunder have been completed, insurance policies covering: 1. Workers Compensation: Statutory. 2.Employers Liability Insurance: 1,000,000 injury-per 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. Page 13 11850987vi