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R-1389 - 09/09/2014 - ENGINEERING - Resolutions RESOLUTION 2014-ENG-WA-MAIN-AG-R-1389 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES FOR THE 2015 WATER MAIN PROJECT WHEREAS, the water mains along Mockingbird Lane, Camelot Drive, and Luthin Road (collectively, "Water Mains") are scheduled to be replaced in 2015 ("2015 Water Main Replacement Project"); and WHEREAS, the Village desires to retain an engineering firm to provide engineering design services to the Village for the 2015 Water Main Project("Design Services"); and WHEREAS, Thomas Engineering Group, LLC ("Thomas") has previously provided satisfactory engineering services to the Village in connection with engineering and infrastructure projects; and WHEREAS, pursuant to the Local Government Professional Services Selection Act ("Act'), 50 ILCS 510/0.01 et seq., and Section 1-7-6 of the Village Code, the Village is not required to follow the notice, evaluation, and selection procedures set forth in the Act for engineering services provided by engineers who have a satisfactory relationship with the Village; and WHEREAS, the Village and Thomas desire to enter into and execute an agreement for Thomas to provide the Design Services to the Village for an amount not to exceed $133,275, which agreement is attached hereto as Exhibit A and incorporated herein ("Agreement"); and WHEREAS, the President and Board of Trustees have determined that it is in the best interests of the Village to award a contract to Thomas and enter into the Agreement; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Approval of the Agreement. The President and Board of Trustees hereby approve the Agreement by and between the Village and Thomas. Section 3: Authorization and Execution of the Agreement. The Village President and Village Clerk shall be, and hereby are, authorized to execute the Agreement between the Village and Thomas after receipt of the final Agreement fully executed by Thomas. Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Resolution 2014-ENG-WA-MAIN-AG-R-1389 Approving Professional Services Agreement with Thomas Engineering Page 2 of 3 APPROVED THIS 9th day of September, 2014 a j---1-- -----_,, r Gopal G. Lalmalani Village President PASSED THIS 9th day of September, 2014 Ayes: Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf Nays: None Absent: NonP ATTEST: 7,.. c' ' , / ,� 4, /i„I�5 9�a r,,,tr. 'A/ ���,�.� ,�.� �,. b:, 1 Charlotte K. Pruss �, Village Clerk I� �' tti.: q,,. -� Fe \Ko. #7.,,_.1) ,ith g?./ Resolution 2014-ENG-WA-MAIN-AG-R-1389 Approving Professional Services Agreement with Thomas Engineering Page 3 of 3 EXHIBIT A AGREEMENT ENGINEERING SERVICES AGREEMENT VILLAGE OF OAK BROOK 2015 WATER MAIN PROJECT THIS AGREEMENT, made and entered into this 2nd day of September, 2014, by and between Thomas Engineering Group, LLC (hereinafter referred to as "ENGINEER") and the Village of Oak Brook, a municipal corporation (hereinafter referred to as "VILLAGE") covers certain professional engineering services in connection with the 2015 WATER MAIN PROJECT, (hereinafter referred to as "PROJECT"). The VILLAGE wishes to retain ENGINEER for these certain professional engineering services and ENGINEER is willing to perform such services for the compensation and in accordance with the terms and conditions described in this Agreement. NOW, THEREFORE, in consideration of the mutual benefits, covenants and agreements contained within this Agreement,the parties agree as follows: 1. SCOPE OF SERVICES ENGINEER agrees to perform engineering consulting services as defined in the Scope of Services attached as Appendix I and made a part of this Agreement. 2. COMPENSATION AND PAYMENT ENGINEER shall be paid by VILLAGE for all services stipulated within this Agreement according to the Compensation Schedule attached as Appendix II and made a part of this Agreement. Payment to ENGINEER shall be made by VILLAGE upon receipt of ENGINEER'S monthly invoice. The invoice shall consist of a summary of direct labor hours by ENGINEER'S standard job classification times the respective factors as depicted in Appendix II plus listing of reimbursable costs incurred with copies of appropriate invoices. The invoice will state the phase of work for which it applies, if a multi-phase scope is used (e.g., design, construction, etc.). If VILLAGE identifies an item in the invoice which appears to be in error, VILLAGE may withhold the amount in question, pay the balance of the invoiced amount, and provide ENGINEER with a statement concerning the questioned item. Alternatively, VILLAGE may pay the invoiced amount in full, provide ENGINEER with a statement of the questioned item, and an adjustment, if appropriate, will be made in the next subsequent invoice submitted by ENGINEER. Engineer will mark "Invoice number and final" on the invoice which closes out this contract or a phase of the contract. 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 and the insurance requirements provided in Section 5.v. of this Agreement shall survive said final payment. 5. GENERAL TERMS AND CONDITIONS a. Modification The nature and the scope of services specified in this Agreement may only be modified by written amendment to this Agreement approved by both parties. b. Relationship between ENGINEER and VILLAGE ENGINEER shall serve as VILLAGE'S professional engineering consultant in those phases of the PROJECT to which this Agreement applies. The relationship is that of a buyer and seller of professional services, and it is understood that the parties have not entered into any joint venture or partnership with the other. c. Responsibility of the ENGINEER That all plans and other documents furnished by the ENGINEER pursuant to this Agreement will be endorsed by him and will show his professional seal where such is required by law. Notwithstanding anything to the contrary which may be contained in this Agreement or any other material incorporated herein by reference, or in any agreement between VILLAGE and any other party concerning the PROJECT, ENGINEER shall not have control or be in charge of and shall not be responsible for the means, methods, techniques, sequences or procedures of construction, or Page 2 #11791300_v2 the safety, safety precautions or programs of VILLAGE, the construction contractor, other contractors or subcontractors performing any of the work or providing any of the services on the PROJECT, nor shall ENGINEER be responsible for the acts or omissions of VILLAGE provided that the ENGINEER has properly executed his duties. ENGINEER shall not be responsible for the failure of VILLAGE, any architect, engineer, consultant, contractor or subcontractor to carry out their respective responsibilities in accordance with the PROJECT documents, or any other agreement concerning the PROJECT. Any provision which purports to amend this provision shall be without effect unless it contains a reference that the content of this Subsection 5(c) is expressly amended for the purposes described in such amendment and is signed by ENGINEER. d. Corrections In the event plans, surveys or construction staking is found to be in error and revisions of the plans or survey or construction staking are necessary, the ENGINEER agrees that he will perform such work without expense to the VILLAGE, even though final payment has been received by him. He shall give immediate attention to these changes so there will be a minimum delay to the contractor. e. Suspension of Services VILLAGE may, at any time, by written order to ENGINEER (Suspension of Services Order), require ENGINEER to stop all, or any part of, the services required by this Agreement. Upon receipt of such an order, ENGINEER shall immediately comply with its terms and take all reasonable steps to minimize the occurrence of costs allocable to the services covered by the order. ENGINEER will not be obligated to provide the same personnel employed prior to suspension when the services are resumed, in the event the period of any suspension exceeds thirty (30) days. f. Termination 1) The VILLAGE shall have the right to terminate this Agreement with or without cause upon serving thirty (30) days written notice upon the other party. 2) Upon such termination, the liabilities of the parties to this Agreement shall cease, but they shall not be relieved of the duty to perform their obligations up to the date of termination. All warranties and the provisions of Section 5, Paragraph I shall be in full force and effect after termination. 3) Upon such termination, ENGINEER shall cause to be delivered to the VILLAGE all drawings, specifications, partial and completed estimates, and any and all other data concerning the PROJECT which ENGINEER is then accomplishing for the VILLAGE. ENGINEER shall be paid for any Page 3 #11791300_v2 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 Page 4 #11791300_v2 execution of this Agreement, and that this Agreement is made without collusion with any other person, firm, or corporation. If at any time it shall be found that the ENGINEER has, in procuring this Agreement, colluded with any other person, firm, or corporation, then the ENGINEER shall be liable to the Village for all loss or damage that the VILLAGE may suffer, and this Agreement shall, at the VILLAGE's option, be null and void. 4) That he is qualified technically and is conversant with the policies applicable to the PROJECT; and that he has and will furnish sufficient, properly trained and experienced personnel to perform the services enumerated herein. 5) That he will not employ, for the duration of this Agreement, any person presently employed by the VILLAGE without the written consent of the VILLAGE. 6) ENGINEER represents and certifies that, to the best of its knowledge: (1) no elected or appointed VILLAGE official, employee or agent has a personal financial interest in the business of ENGINEER or in this Agreement, or has personally received payment or other consideration for this Agreement; (2) as of the date of this Agreement, neither ENGINEER nor any person employed or associated with ENGINEER has any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement; and (3) neither ENGINEER nor any person employed by or associated with ENGINEER shall at any time during the term of this Agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement. Documents Property of VILLAGE Drawings, specifications, reports, and any other documents prepared by ENGINEER in connection with any or all of the services furnished hereunder shall be the property of VILLAGE and the VILLAGE shall obtain any and all intellectual property rights in the drawings, specifications, reports, and documents prepared by ENGINEER in connection with any and all of the services furnished hereunder. ENGINEER shall have the right to retain copies of all documents and drawings for its files. All construction drawings shall be prepared electronically using MICROSTATION software. Paper copies will be provided to the VILLAGE in full-size (24" x 36") or quarter-size (11" x 17") as requested. Electronic design files will also be transferred to the VILLAGE. If construction services are a part of the ENGINEER'S work, he will create electronic "As-Built" conditions and will deliver them to the VILLAGE within thirty (30) days after completion of construction and before final payment to the ENGINEER. ENGINEER will title these files "Record Drawings". Page 5 #11791300_v2 If construction services are not part of the ENGINEER'S work, he will deliver electronic MICROSTATION files to the VILLAGE upon request and before final payment to the ENGINEER. j. Access to Records The ENGINEER shall maintain all books, documents, papers, accounting records and other evidence pertaining to his costs incurred by reason of this Agreement and agrees to make such material available, at his office at the address indicated in Section 5, Paragraph u of this Agreement, at all reasonable times during the life of this Agreement and for a period of three (3) years from the date of final payment of the obligations of this Agreement by the VILLAGE or such longer time as requested by the VILLAGE, for inspection by personnel of the VILLAGE, or any authorized representative of the VILLAGE, and copies thereof shall be furnished if requested. The cost of any copies shall be paid by the VILLAGE. k. Reuse of Documents All documents, including drawings and specifications furnished by ENGINEER pursuant to this Agreement, are intended for use on the PROJECT only. They should not be used or modified by VILLAGE or others on extensions of the PROJECT or any other project without specific written verification or adaptation by ENGINEER. Any reuse or modification without written verification or adaptation by ENGINEER shall be at VILLAGE'S sole risk. 1. Indemnification ENGINEER agrees to indemnify, hold harmless, and defend (or pay the VILLAGE for the costs of defense if the Village so desires in its sole discretion) the VILLAGE and any of its officers, employees, or agents from and against all liability, claims, demands, and causes of action arising out of or related to any loss, damage, injury, death, or loss or damage to property resulting from any negligence, errors or omissions by the ENGINEER in the performance of this Agreement. In the event of joint or concurrent negligence of ENGINEER and VILLAGE, each shall bear that portion of the loss or expense that its share of the joint or concurrent negligence bears to the total negligence (including that of third parties) which caused the personal injury or property damage. m. Entire Agreement This Agreement sets forth all the covenants, conditions and promises between the parties. There are no covenants, promises, agreements, conditions or understandings between the parties, either oral or written, other than those contained in this Agreement. Page 6 #11791300_v2 n. Governing Law This Agreement shall be governed by the laws of the State of Illinois both as to interpretation and performance. o. Successors and Assigns The terms of this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns; provided, however, that neither party shall assign this Agreement in whole or in part without the proper written approval of the other. P. Waiver of Contract Breach The waiver of one party of any breach of this Agreement or the failure of one party to enforce at any time, or for any period of time, any of the provisions hereof, shall be limited to the particular instance, shall not operate or be deemed to waive any future breaches of this Agreement, and shall not be construed to be a waiver of any provision, except for the particular instance. q. Severability of Invalid Provisions If any provisions of this Agreement shall be held to contravene or be invalid under the laws of any particular State, County or jurisdiction where used, such contravention shall not invalidate the entire Agreement, but it shall be construed as if not containing the particular provision or provisions held to be invalid in the particular State, County or jurisdiction and the rights or obligations of the parties hereto shall be construed and enforced accordingly. r. Force Majeure Neither VILLAGE nor ENGINEER shall be liable for any fault or delay caused by any contingency beyond their control, including, but not limited to, acts of God, wars, strikes, walkouts, fires, or natural calamities. s. Access and Permits VILLAGE shall arrange for ENGINEER to enter upon public and private property and shall obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the PROJECT. t. Designation of Authorized Representatives Each party shall designate one or more persons to act with authority in its behalf in respect to appropriate aspects of the PROJECT. The persons designated shall review and respond promptly to all communications received from the other party. Page 7 #11791300_v2 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: Thomas Engineering Group, LLC. 238 S. Kenilworth Suite 100 Oak Brook, Illinois 60302 Attn: Thomas Gill, 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: Michael Hullihan Public Works Director 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. The VILLAGE shall be named as an additional insured. w. Additional Services ENGINEER shall supply such additional services as requested in writing by VILLAGE and agreed to by ENGINEER in connection with the PROJECT. Separate proposals shall be submitted by ENGINEER for furnishing these additional services. Compensation for such additional services shall be negotiated by the parties and included in this Agreement by a written amendment. Page 8 #11791300_v2 ENGINEER shall supply such additional services as requested in writing by VILLAGE and agreed to by ENGINEER in connection with the PROJECT. Separate proposals shall be submitted by ENGINEER for furnishing these additional services. Compensation for such additional services shall be negotiated by the parties and included in this Agreement by a written amendment. x. Time Time is of the essence in the performance of all terms and provisions of this Agreement. y. Third Party Beneficiary No claim as a third party beneficiary 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, the provisions of this Agreement shall control. IN WITNESS WHEREOF, the parties set their hands and seals on the date first written above. VILL.'GE OF OAK BROOK ATTEST: A nicipal CoAroration ir -4 ' ■••"----""■..st oF 044, I , ila l;k Vitl"e iNN., ,„. gilt 44 4 6 ' : illage President s` ' `�►T "'%! page Clerk C7 ,,; ? '►sue `% Thomas Engineering Group 9Ct4. -�- . �\>� TTEST: COUNTY ,\ s /110 416111V 1 �j BY: '� President Page 9 #11791300 v2 APPENDIX 1 SCOPE OF SERVICES Per proposal submitted by Thomas Engineering Group, LLC, Ltd. dated September 2, 2014. Page 10 #11791300_v2 APPENDIX II COMPENSATION SCHEDULE Per proposal submitted by Thomas Engineering Group, LLC, Ltd. dated September 2, 2014. Page 11 #11791300_v2 APPENDIX III TIME SCHEDULE Per proposal submitted by Thomas Engineering Group, LLC, Ltd, dated September 2, 2014. Page 12 #11791300_v2 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 and Employers Liability Insurance: Statutory limits= $500,000 per accident. 2. Comprehensive General Liability Insurance: $1,000,000 per occurrence combined single limit. 3. Comprehensive Automobile Liability Insurance: $1,000,000 combined single limit, any auto. 4. Professional Liability Insurance (errors and omissions): $1,000,000 per claim and in aggregate. 5. Umbrella or excess liability: $1,000,000 per occurrence. If ENGINEER carries Comprehensive General Liability Insurance in an amount of$2,000,000 or greater, this requirement may be waived. 6. 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. 7. 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 #11791300_v2 th©jas. engineering group service at the highest grade® September 2,2014 238 south kenilworth avenue suite 100 oak park,Illinois 60302 Mr.James Bosma, P.E. Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Re: 2015 Water Main Project Brook Forest Subdivision (Mockingbird Lane and Camelot Drive)and Luthin Road Dear Mr. Bosma: Thomas Engineering Group, LLC (TEG) is pleased to be working with the Village of Oak Brook again this year for your 2015 Water Main Project. We look forward to starting the design phase of the project and respectfully submit the scope of services,anticipated schedule, and cost estimate of consultant services. As part of the 2015 Water Main Project, the Village of Oak Brook is replacing approximately 5,450 feet of the Village's existing water main that is located throughout the rights-of-way of Mockingbird Lane and Camelot in the Crook Forest Subdivision. In addition, all valves, hydrants, and water services (from the main to the curb stop) will be replaced. As part of the project, drainage concerns of area residents will be addressed within the limits of the water main replacement area. This is anticipated to include the installation of additional storm sewer, inlets,and/or catch basins. The proposed modifications to the existing water main will include replacement, relocation, and abandonment of existing main in its entirety. Given the existing alignment through the residential area and the anticipated proximity to other utilities, TEG anticipates strategically locating the water main within the existing rights-of-way to accommodate water and sewer separation requirements adhering to the"Standard Specifications for Water and Sewer Construction in Illinois". In addition to determining an appropriate alignment for the replacement sewer that minimizes impacts to the existing roadways, access to area residents, and water service to residences,TEG will also identify innovative and feasible project solutions that will provide value to the Village in terms of cost, schedule, constructability,operations,and future maintenance. PROJECT SCOPE (DESIGN PHASE) For this Project, TEG proposes a targeted approach to the proposed project design phase that will achieve both expediency and the ability to complete the project with minimal impacts to Village residents. Below is a summary of the tasks to be completed as part of the design engineering services: 1. Project Meetings—We anticipate four(4) project meetings to take place throughout the design process. These are proposed to include a kick-off meeting, and review meetings for the 60%, 90%, and Final designs. Meeting minutes will be written for each meeting and distributed to all attendees by TEG. 2. Survey/Data Collection—TEG will gather topographical and detailed roadway, drainage, utility, and underground information as it is available. This includes obtaining all available data,such as 1-foot contour data, existing Village water main data, and parcel boundaries. In addition, TEG will utilize our own survey team to collect any J.U.L.I.E. located utility th mas engineer rig gr:_rup information, other critical surface and subsurface features, verify given atlas information, and identify existing utility conflicts. This will include field location with respect to all pavements, driveways, parkway tress, curb and gutters, pavement markings, signs, manholes, utility vaults, drainage structures, etc. within the project limits (approximately 5,450 linear feet of roadway). Survey cross sections will be taken along the project limits at 50' intervals, at driveways, and at all other grade controlling features. The cross sections will extend from right-of-way to right-of- way. TEG will also gather pole-down information of every utility structure within the project corridor and obtain information such as structure size, rim elevation, upstream and downstream pipe invert elevations, pipe sizes,and materials. 3. Utility Coordination—As part of the Data Collection process, TEG will provide utility notices to all utility companies identified in the J.U.L.I.E. design ticket and request private utility atlases within the project limits. In addition, correspondence with all affected utility companies will be maintained throughout the design process, and when preliminary and final plans are available, they will be sent to those utility companies for verification of the locations of their utilities. 4. Geotechnical Investigation/CCDD — TEG will coordinate with a Geotechnical Subconsultant to provide approximately six (6) pavement cores with four (4) locations tested to address Clean Construction Demolition Debris (CCDD) requirements. The Geotechnical Subconsultant will provide all necessary testing and reports to include anticipated recommendations and criteria for soils disposal during construction. This work includes only the limits of the approximately 5,450 linear feet of water main improvements discussed earlier. 5. Drainage Design — Roadway drainage design will be completed within the project limits as necessary to address resident concerns. TEG anticipates this will include minor improvements such as installing new inlets and/or catch basins, storm sewer point repairs, and installation of new storm laterals. It is our understanding that these tasks will not require detention design, DuPage Stormwater Permits, improvements outside of the project limits, or hydrologic/hydraulic analysis of downstream storm sewers or receiving streams. If it is determined at a future date that additional detailed drainage design is needed,TEG can provide those services as negotiated at that time. 6. Preliminary (60%) Water Main Design - Using the information from the kick-off Meeting, J.U.L.I.E. locates and utility coordination, available contour data, and TEG pick-up survey, TEG will develop preliminary (60%) design plans, specifications, and construction cost estimates for the most appropriate relocation alignment and phasing. The 60% plans and specifications TEG develops will be in accordance with Local Standards and the "Standard Specifications for Water and Sewer Construction in Illinois." In addition, TEG will perform quantity take-offs and gather manufacturer's quotes for cost analysis. TEG will perform QC/QA on these plans documenting those checks and will send copies to the Village for review. After the Village has had the opportunity to review the 60% submittal, TEG will meet with Village staff to discuss all comments and questions. TEG will address all comments and provide a disposition to those comments to the Village. 7. Pre-Final (90%) Water Main Design - While addressing Village comments on the Preliminary (60%) Water Main Design,TEG will complete and provide full-size sets of substantially complete (90%) review plans, specifications, and estimates to the Village. TEG will prepare for and attend a review meeting with the Village to discuss any comments to the 90% plans,specifications, and estimates. th mas engineer ng group 8. IEPA Permitting — After addressing Village comments on the Pre-Final Design, TEG will send plans and coordinate the IEPA review. TEG will prepare the IEPA Application for Construction Permit on behalf of the Village for submittal to the Division of Water Pollution Control, Permit Section. The application review and approval process is anticipated to take between 60 and 90 days. 9. DuPage Division of Transportation (DuDOT) Permitting—After addressing Village comments on the Pre-Final Design, TEG will send plans and coordinate permitting with DuDOT for any work necessary in DuDOT right-of-ways (Midwest Road and York Road). TEG will prepare the DuDOT Application for Construction Permit on behalf of the Village. It is our understanding that the Village will pay all necessary permitting fees. The application review and approval process is anticipated to take approximately 30 days. 10. Final Bid Documents (100% Water Main Design) — Upon addressing all comments from the Village's review of the Pre-Final (90%)Water Main Design,TEG will complete the final plans and prepare final bid documents. TEG will assist the Village with distribution to prospective bidders and will prepare to answer bidder's questions/requests for information (RFIs) during the bidding phase. We will attend the bid opening, evaluate bids, and provide a recommendation for the Village's consideration. PROPOSED DESIGN SCHEDULE TEG has identified the primary tasks of each stage and evaluated each tasks' duration ultimately identifying the critical path to complete all engineering and proceeding to construction in the time frame desired by the Village. Our schedule below depicts approximately a 6 month duration from the Notice to Proceed through Design Approval. Using a combined design engineering schedule as seen below, and allowing 4 weeks for bid advertisement and local letting, it is anticipated that construction can begin in April/May 2015. Project piptestones gornmedllimmton ,Completion Date Notice to Proceed N/A 9/9/2014 Kick-Off Meeting N/A 9/12/2014 Data Collection/Data Analysis/Design Stage J.U.L.I.E./Survey 3 Weeks 10/3/2014 Conceptual Water Main Design&Alternatives Analysis 2 Weeks 10/17/2014 0o Village Review/Selection of Preferred Alternative 1 Week 10/24/2014 • 60%Plan Preparation 4 Weeks 11/21/2014 u Village Review 2 Weeks 12/5/2014 • 90%Plan Preparation 5 Weeks 1/9/2015 Village Review 2 Weeks 1/23/2015 I• Final Plans/Submit IEPA Permit 1 Week 1/30/2015 IEPA Permit Application Sewer/Water 60-90 Days 3/27/2015-4/24/2015 a Advertise for Bidding 4 Weeks 2/5/2015-3/5/2015 Bid Opening N/A 3/5/2015 Village Board Approval March/April 2015 Preconstruction Meeting April 2015 Begin Construction th mas . , .:,.. _ . engineer ng aroup COST ESTIMATE OF CONSULTANT SERVICES The following pages represent what TEG has developed in terms of a design engineering cost estimate. This is inclusive of all preliminary engineering, design engineering, and request for information (RFI) support services. We have utilized an IDOT standard Cost Estimate of Consultant Services (CECS) for a Direct Labor Multiplier (DLM) type of contract, which is utilizes our IDOT audited overhead rate calculations. Our proposed fee contains a not to exceed amount comprised of labor and direct costs. Our proposed scope of work is estimated to require a total of 944 man-hours and a total not to exceed fee of$133,275.28. The details and support documentation for our fee are included as an attachment. We hope that our interest and enthusiasm for this project show through in our proposal as we feel that our past experience with the Village,along with our due diligence, expertise,and experience will provide Oak Brook with a valuable investment. We are truly excited about the opportunity of working on the 2015 Water Main Project and look forward to answering any questions you may have about our firm, staff, proposal, or experience. If you have any questions or require additional information, please call me at (815) 531-7868 or by e-mail at nicko @thomas-engineering.com. Sincerely, thomas engineering group, Ilc Nicholas J. rf, P.E. M,CPESC Steve S. Pasinski,P.E. Project Manager Planning and Design Head th mas = r 'ar ;,-•.� . - engineer n .} group Illinois Cost Estimate of Consultant Services (Direct Labor Multiple) Firm Thomas Engineering Group Date 09/02/14 Route Village of Oak Brook Section 2015 Water Main Project Overhead Rate 177.47% County Job No. Complexity Factor 0 PTB&Item (3.15+R)TIMES DIRECT SERVICES DBE %OF ITEM MANHOURS PAYROLL PAYROLL COSTS BY TOTAL TOTAL GRAND OTHERS TOTAL (A) (B) (C) (D) (E) (C+D+E) (C+D+E) Meetings 32 1,462.40 4,606.56 100.00 4,706.56 3.53% Survey 232 9,003.90 28,362.29 600.00 28,962.29 21.73% Utility Coordination 44 1,910.20 6,017.13 100.00 6,117.13 4.59% Permitting 66 3,063.80 9,650.97 100.00 9,750.97 7.32% 60%/90%/Final PS&E 286 10,476.80 33,001.92 800.00 33,801.92 25.36% Cost Est/Bid Supp 164 7,457.40 23,490.81 1,800.00 25,290.81 18.98% Admin and QC/QA 48 2,660.00 8,379.00 100.00 8,479.00 6.36% Drainage Design 70 3,058.80 9,635.22 50.00 9,685.22 7.27% Geotechnical Sub-Consultant 2 105.20 331.38 50.00 6,100.00 6,481.38 4.86% TOTALS 944 39,198.50 123,475.28 3,700.00 6,100.00 0.00 133,275.28 100.00% BDE 028(Rev. 2/06) Pringed 9/2/2014, 12:19 PM Page 3 Minis Department of lansportation Average Hourly Project Rates Route Village of Oak Brook Section 2015 Water Main Project County Consultant Thomas Engineering Group Date 09/02/14 Job No. PTB/Item Sheet 1 OF 2 Payroll Avg Total Project Rates Meetings Survey Utility Coordination Permitting 60%/90%/Final PS&E Hourly Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Classification Rates Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Principal $69.50 12 1.27% 0.88 2 3.03% 2.11 Project Manager $52.60 300 31.78% 16.72 16 50.00% 26.30 4 1.72% 0.91 16 36.36% 19.13 32 48.48% 25.50 80 27.97% 14.71 Project Engineer $38.80 228 24.15% 9.37 16 50.00% 19.40 24 54.55% 21.16 32 48.48% 18.81 66 23.08% 8.95 Chief Surveyor $42.50 118 12.50% 5.31 118 50.86% 21.62 _ CADD/Technician $34.35 226 23.94% 8.22 110 47.41% 16.29 4 9.09% 3.12 8o 27.97% 9.61 Intern $16.00 60 6.36% 1.02 so 20.98% 3.36 • 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS 944 100% $41.52 32 100% $45.70 232 100% $38.81 44 100% $43.41 _ 66 100% $46.42 286 100% _ $36.63 BDE 028(Rev.2/06) PRINTED 9/2/2014, 12:19 PM PAGE 4 QIllinois Department of Transportation Average Hourly Project Rates Route Village of Oak Brook Section 2015 Water Main Project County Consultant Thomas Engineering Group Date 09/02/14 Job No. PTB/Item Sheet 2 OF 2 Payroll Avg Cost Est/Bid Supp Admin and QC/QA Drainage Design Geotechnical Sub-Consultant Hourly Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Classification Rates Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Principal $69.50 2 1.22% 0.85 8 16.67% 11.58 Project Manager $52.60 80 48.78% 25.66 40 83.33% 43.83 30 42.86% 22.54 2 100.00% 52.60 Project Engineer $38.80 66 40.24% 15.61 24 34.29% 13.30 _ Chief Surveyor $42.50 CADD/Technician $34.35 16 9.76% 3.35 16 22.86% 7.85 Intern $16.00 TOTALS 164 100% $45.47 48 100% $55.42 70 100% $43.70 2 100% $52.60 0 0% $0.00 0 0% $0.00 BDE 028(Rev.2/06) PRINTED 9/2/2014, 12:19 PM PAGE 5 EXHIBIT"A" Estimate of Hours Project: Village of Oak Brook thQDcis Prepared B'Thomas Engineering Group,LLC engineering group Date: 09/02/14 raftkrfn!!!!MrM',I*;:*,NftINO4A!0g4,r!!,'M't!!!,,,!!!!!!!!!!!ttVtt!!teI'MaMCMV*IZSei91fIA Plan Sheet Plan Sheet Description Number of Hours Per Total Task (- Clarification) Sheets Sheet Hours 1 Cover Sheet,Index of Sheets 1 2 2 2 General Notes 3 2 6 3 Village Material List 0 2 0 4 Schedule/Summary of Quantities 1 4 4 5 Typical Sections 0 6 0 - Includes existing and proposed typical sections - Sections extend from existing ROW to ROW - Includes HMA or PCC patching requirements - includes 5S,San and WM and other long utilities 6 Alignment,Ties,and Benchmarks 4 2 8 7 Plan-Profile Sheets 11 18 198 - Includes removal items - Includes existing roadway features - Includes proposed roadway features - Includes water main alignment/design - Includes proposed pavement markings - Includes existing Drainage and Utilities 8 MOT/Suggested Stages of Construction 4 4 16 9 Construction Details,Village Standard Details 10 4 40 10 Watermain Connection Details 3 4 12 11 Pavement Marking Sheet 0 0 0 12 Landscaping/Restoration Sheet 0 2 0 Plan Sheet Subtotal 37 286 1 Non-Sheet Project Total Non-Sheet Description Principal PM ', Technician Engineer Task Hours 1 Geotech 2 2 2 Meetings(4 mtgs/2 ppl @ 4 hrs ea.) 16 16 32 3 Supplemental Topographic Survey/Basemapping 4 118 110 232 4 Utility Coordination 16 24 4 44 5 Alternatives Analysis 0 6 Permitting 2 32 32 66 7 Quantities/Cost Estimate 2 36 32 16 86 8 Bid Documents/Specifications 36 32 68 9 ' Drainage Design 30 24 16 70 10 RFI 8 2 10 11 Administration and QC/QA 8 40 48 Non-Sheet Subtotal 12 220 280 146 I 658 Total 944 Construction Monitoring & Subsurface Explorations Observations Construction Materials Testing Foundation Analysis & Design Tunnels and Underground Openings SEECO Consultants lnc Structural Rehabilitation Condition Surveys Geotechnical Engineering & Evaluation CONSULTING ENGINEERS Dams and Drainage Studies July 23, 2014 Mr. Nicholas J. Orf,P.E. Thomas Engineering Group LLC 55 W.22nd St., Ste. 300 Lombard, IL 60148 PROPOSAL AND CONTRACT Pavement Coring and CCDD Disposal Services, 2015 Water Main Project, Oak Brook, IL Dear Mr. Orf: Pursuant to your request, SEECO Consultants, Inc. is pleased to present our proposal for the above referenced project. In preparing our proposal, we have reviewed pertinent information. The scope of work SEECO is prepared to undertake is as follows: • Perform 6 full depth pavement cores. The cores will be located in general accordance with the site plan provided and may be offset as required to facilitate access. • Representative soil samples will be collected and field screened for the presence of volatile organic vapors using a photo ionization detector(PID). Visual and olfactory senses will also be used to screen the soil samples for the presence of petroleum hydrocarbons. If no samples display an elevated PID reading, then the soil will be assumed to be, to the best of our knowledge, clean, uncontaminated fill material. This information will be documented on the IEPA LPC-662 form. Four (4) forms will be prepared, one for Camelot, one for Luthin and 2 for Mockingbird. • The resulting geotechnical soil samples will be returned to SEECO's laboratory for further testing and analysis. Visual classification, moisture content, and unconfined compressive strength will be performed on all samples. • Upon completion of the field exploration and laboratory testing a written Geotechnical Summary Report will be prepared under the direction of a Registered Professional Engineer of Illinois. The report will encompass the subsurface soil conditions, laboratory data, encountered groundwater elevations, existing pavement cross sections, and general construction considerations. Boring logs will be prepared in Iieu of profile drawings. JULIE will be contacted. SEECO is not responsible for mismarked or unmarked utilities. (708) 429-1666. 7350 Duvan Drive •Tinley Park, IL 60477• FAX:(708) 429-1689 www.seeco.com PROPOSAL AND CONTRACT Source Site Certification Services for CCDD July 23, 2014 Disposal—2015 Water Main Project, Oak Brook, IL As part of the IEPA requirements for Source Site Certification and Demolition Debris/ Uncontaminated Soil Fill Operation, SEECO proposes to perform source/site specific services. As part of the criteria for SEECO to provide a Professional Engineer's Certification of Residential Sites (including on ROW sites) on IEPA LPC-662 Form,the following services will be applicable: A total of 11 locations will be sampled and screened, approximately 2 per section in addition to the core locations. Representative soil samples will be collected and field screened for the presence of volatile organic vapors using a photo ionization detector(PID). Visual and olfactory senses will also be used to screen the soil samples for the presence of petroleum hydrocarbons. If no samples display an elevated PID reading, then the soil will be assumed to be, to the best of our knowledge, clean, uncontaminated fill material. This information will be documented on the IEPA LPC-662 form. The soil probes utilized to obtain the samples will extend up to approximately 2-3 feet below the existing ground surface and will be performed along the areas scheduled for improvements. One (1) pH test will be performed for each location. Four(4) forms will be prepared, assuming the pH meets the MAC Table requirements. Above scenario assumes that materials are not from locations listed or adjacent to sites with known, or high potential for, soil contaminant issues and that screening of the samples does not indicate volatile hydrocarbons. Screening or pre-screening of samples at job site is no guarantee that landfill facility will accept/not reject materials. Nor is it a determination that the site is entirely clean of contaminants per IEPA standards. The cost for these services will be as follows: Scenario 1 --$6,100.00 Invoicing terms are net 30 days from date of invoice. If this contract, including the attached General Conditions is acceptable, please indicate by signing one of the copies and returning it to our office. It is represented that by executing this contract you comprehend the terms and conditions set forth and agree to be bound by same. pROPOS.AL AND CONTRACT Source Site Certification Services for CCDD July 23, 2014 Di Spot-2015 Water Main Project, Oak Brook,IL We appreciate the opportunity to offer our services and are looking forward to working with you on thi S praj ect. Respectfully submitted, AppROVED: SEECO Consultants, Inc. Name of Finn ///�/`�,• Donald C. Cassier Director of Field Services Authorized Signature Date Collin W. Gray, S.E., P.E. President please sign one copy and return it to our office and retain one copy for your files. DCC:ann Attae ent r 0:\Proposals\ENVIRONMENTAL\Thomas Eng CCDD 072314.doc SEECO Consultants Inc. - General Conditions-o213 Scope of Work SEECO Consultants Inc. (hereinafter called SEECO) shall perform the services defined in this contract and shall invoice the Client for those services at the stated amount or standard rates shown on the attached fee schedule. The estimate of cost to the Client as stated in this contract shall not be considered as a firm figure, but only an estimate unless otherwise specifically stated in this contract. SEECO will provide additional services under this contract as requested by the Client and invoice the Client for those additional services at the standard rates, as quoted. Contract does not include the provision for prevailing wage rates unless otherwise stated. Acceptance of services proposed herewith - prior to contract execution- implies and constitutes acceptance of rates and conditions set forth in this contract unless explicitly agreed upon mutually in writing prior to inception of services. Soil Boring Locations It is understood that the Client will furnish SEECO with a diagram indicating both the location of the site and the borings on that site. SEECO reserves the right to deviate a reasonable distance from the boring location specified unless this right is specifically revoked by the Client in writing at the time the location diagram is supplied. SEECO reserves the right to terminate this contract if conditions preventing the drilling at the specified locations are encountered which were not made known to SEECO prior to the date of this contract. SEECO will contact the underground utility locate network responsible in the locale being drilled. However, SEECO is not responsible for damage to underground utilities that are not marked, located or mislocated/mismarked whether said utility is party to the locating network or not. Client is responsible for locating proprietary utilities and/or underground structures and appurtenances. SEECO will backfill the boreholes with soil cuttings and match the surface to existing conditions, unless otherwise stated in the contract. SEECO is not responsible to maintain boreholes beyond initial backfilling, for any repair of settled backfill, or any costs associated with potential borehole settlement, including reparations or personal injury beyond our active on site exploration time. Construction Observation and Testing Unless otherwise stated in contract, field personnel charges are subject to an eight hour minimum, including portal-to-portal travel time. Any cancellations onsite will incur said eight hour minimum. Cancellations after travel time has commenced will incur a minimum charge of 3 hours to the client. Access to Sites Unless otherwise agreed, the Client will furnish SEECO with right-of-access to the site in order to conduct the planned investigation or inspection. SEECO will take responsible precautions to minimize damage to the site due to its operations, but has not included in the fee the cost of restoration of any damage resulting from the operations. This includes crop damage/restoration costs. If the Client desires, SEECO will restore any damage to the site and add the cost of restoration to the fee stated in the proposal contract. Samples/Reports All samples of soil and rock will be discarded 60 days after submission of the report unless the Client advises SEECO in writing to the contrary. SEECO will furnish three copies of each report to the client Subcontracts/Assignments SEECO reserves the right to subcontract drilling and related support services to SEECO Environmental Services Inc. and construction inspection, observation and testing services to SEECO Construction Services, Inc. Subcontracting rights are not limited to stated services or entities. Client may not assign this contract without express written consent of SEECO. Invoices Invoices will be submitted once a month for services performed during the prior month. Payment will be due within 30 days of receipt of invoice unless otherwise stated in contract. Interest will be added to delinquent accounts at the rate of two percent per month for each month of delinquency. The billing rates as described in the contract may be increased on the annual anniversary of the effective date of this contract at an annual rate not to exceed 10%. Any and all costs incurred in collecting delinquent invoices, including but not limited to legal fees,filing fees and costs,court costs,etc.will be added to the amount due. Liability SEECO is protected by Workman's Compensation Insurance (and/or employer's liability insurance) and by public liability insurance for bodily injury (limit$1,000,000)and property damage (limit$1,000,000)and will furnish certificates of insurance upon request. Within the limits of the insurance, SEECO agrees to save the Client harmless from loss, damage, injury or liability arising directly from the negligent acts or omissions of SEECO and its employees. If the Client's contract places greater responsibility upon SEECO or requires increased insurance coverage, SEECO will, if specifically directed by the Client,take out additional insurance, if obtainable, at the Client's expense, but will not be responsible for property damage from any causes, including fire and/or explosion beyond the limits of the insurance coverage. Limitation of Liability The Client recognizes the inherent risks connected with construction. In performing their professional services,SEECO will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of their profession practicing in the same or similar locality. No other warranty, express or implied, is made or intended by the proposal for consulting services or by furnishing oral or written reports of the findings made. It is agreed that the Client will limit any and all liability, claim for damages, cost of defense, or expenses to be levied against SEECO on account of any design defect,error,omission,or professional negligence to a sum not to exceed $1,000.00. Further,the Client agrees to notify any contractor or subcontractor who may perform work in connection with any design, report or study prepared by SEECO of such limitation of liability for design defects, omissions, or professional negligence, and require as a condition precedent to their performing the work a like limitation of liability on their part as against SEECO. In the event the Client fails to obtain a like limitation of liability provision as to design defects, errors, omissions, or professional negligence, any liability of the Client and SEECO in such a manner that the aggregate liability for SEECO for such design defect to all parties, including the Client shall not exceed $1,000.00. Limitation of liability stated herewith is extended to include SEECO Construction Services, Inc. and SEECO Environmental Services, Inc., and any and all officers, shareholders, employees and/or agents of SEECO Consultants Inc., SEECO Construction Services, Inc.,and/or SEECO Environmental Services, Inc.