R-1116 - 07/26/2011 - AGREEMENT - Resolutions Supporting DocumentsITEM 6.T.4)
AGENDA ITEM
Regular Board of Trustees Meeting
of
July 26, 2011
SUBJECT: 2012 Water Main Replacement Project (parts of York Woods Subdivision)
Professional Services Agreement for Design Engineering
with James J. Benes and Associates, Inc.
— Chatham Lane — Sheffield Lane (north Brighton Ln southwest to Windsor Dr)
— Croydon Lane — Windsor Drive (Dover Dr north to cul -de -sac)
FROM: Jim Bosma, P.E., Civil Engineer II 00 13
BUDGET SOURCE/BUDGET IMPACT: $100,000 for 2012 design within Water System
Distribution Improvements Account 451 -7620
MOTION: I move that the Village Board approve the attached
agreement with James J. Benes and Associates, Inc. for
Professional Engineering Services for the design of the 2012
Water Main Replacement Project in the not -to- exceed
amount of $89,468.
Background/History:
Included within the 2011 Budget are funds for the design of the 2012 Water Main Replacement
Project. The 2012 project is anticipated to be approximately 1.6 million dollars (not including
inspection engineering costs) to replace approximately 1.6 miles of water main. The Benes
design fee of $89,468 equals approximately 5.6% of the anticipated construction cost which is
very reasonable. We anticipate this winter, after the bid opening by construction contractors,
seeking the Village Board's approval of an inspection contract with Benes again who has
performed such satisfactorily on the 2010 and 2011 water main proj ects.
This project will continue our significant progress on water main replacements over the last
dozen years. Some of these locations include all of Yorkshire Woods Subdivision in 1999, parts
of York Woods Subdivision in 2001 and 2004 and all of Timber Trails Subdivision along with
35r' Street (Meyers Road to Cass Court) last year and this year. We also replaced all of
unincorporated Westdale Gardens in 2007. After the proposed 2012 project is completed, then
Brook Forest Subdivision, more -or -less, remains as the next significant area within the Village to
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focus on for water main replacements this decade when money is available — ideally beginning
in 2014.
The timing of this project is very significant because the York Woods Subdivision streets are due
to be resurfaced with a related project in 2013 being planned for. Thus, it is very important to
replace these significantly failing water mains just before resurfacing especially since most of the
new water main replacements are anticipated to be open -cut within the pavement with the
proposed 2012 project.
Moreover, the proposed 2012 project matches the proposed improvements in the water rate study
completed last year, and also the 5 -year financial plan adopted by the Village, except that
approximately the north half of Windsor Drive needed to be added due to all of the breaks that
occurred there since the study was completed. This addition is anticipated to increase the project
cost by approximately $300,000 over the budgeted amount in the 5 -year plan. However, we will
work to find possible savings during the design to offset the anticipated increase which could
include a thin layer of temporary asphalt patching which will be replaced with new paving in
2013. We also anticipate some savings from this year's water main budget to further help
budgeting. Some permanent restoration above the replaced water mains, such as new curb and
gutter, could also be possibly taken from the infrastructure fund.
Nevertheless, despite the mentions above, there are other things to note about the 5 7year plan
budgeting. One concern is related to what the water rates will be actually set at the end of this
year since the 5 -year plan anticipates continuing the rate increases adopted by the study. The 5-
year plan also did not anticipate that the most recent DuPage Water Commission water rate
increase has not yet been passed onto the residents — which is actively reducing the 5 -year
planned budgets.
Thus, in a worst -case scenario next year to complete all of the proposed 2012 project, either we
have to go significantly below the $500,000 minimum balance in the water fund, that has been
required in budgeting by the Finance Department, or do a temporary transfer from the
Infrastructure Fund to maintain the $500,000 minimum balance. Please note that funds should
soon build back up again since no water main replacement project anywhere is planned for 2013.
Otherwise, an area might have to be deleted due to available funds once the consulting
engineer's estimates are better known sometime after their preliminary plans are completed.
But, even if some design becomes not necessary in an area because of available construction
funding, the surveying and drafting will be used for the anticipated 2013 Street Improvement
Project for York Woods Subdivision.
Finally, please note that we believe that the proposed 2012 water main project is just too large to
be combined with the anticipated 2013 street improvements. Also, it's best to ensure that
everything has fully settled out under temporary asphalt over a winter season along with giving
time for any extremely unfortunate construction quality errors. Moreover, knowledge of the
project being repaved in 2013 should significantly increase the competitiveness of bidding by
water main contractors in this already very competitive market due to some less anxiety about
long -term restoration issues. Finally, significant infrastructure funding is already being planned
for a large repaving project in Saddle Brook Subdivision next year.
Upon completion of the proposed 2012 Water Main Replacement Project, only three areas,
totaling approximately a mile long, will have not been replaced yet within York Woods. These
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areas are Windsor Drive near Butler school, Dover Drive and Bradford Lane. Fortunately, these
areas have not yet seen a significant frequency of breaks and will be anticipated for replacement
in another 15 years prior to a subsequent resurfacing.
Recommendation:
I recommend approving the attached professional services agreement with James J. Benes and
Associates, Inc. for design engineering for the 2012 Water Main Replacement Project.
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RESOLUTION 2011- AG -EX1 -R -1116
A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN
AGREEMENT FOR THE 2012 WATER MAIN REPLACEMENT PROJECT
BY AND BETWEEN THE VILLAGE OF OAK BROOK AND JAMES J. BENES
AND ASSOCIATES, INC. IN RELATION TO PARTS OF YORK WOODS SUBDIVISION
WHEREAS, the Village and James J. Benes and Associates, Inc.. ('Genes ") desire to execute an
agreement regarding the 2012 Water Main Replacement Project ( "Project "), which concerns parts of York
Woods Subdivision ( "Agreement'); and
WHEREAS, the President and Board of Trustees have determined that it is in the best interests of
the Village to enter into the Agreement in a final form approved by the Village Manager and the Village
Attorney;
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 Benes in a form acceptable to the Village
Manager and the Village Attorney.
Section 3: Authorization and Execution of the Agreement. The Village President and Village
Clerk shall be, and hereby are, authorized to execute the final Agreement on behalf of the Village after
review and approval of the final form of the Agreement by the Village Manager and the Village Attorney.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
APPROVED THIS 26`" day of July, 2011
Gopal G. Lalmalani
Village President
PASSED THIS 26`" day of July, 2011
Ayes: Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis
None
ATTEST:
! x? o
Charlotte K. Pruss
,3 p`/ Village Clerk
PROFESSIONAL ENGINEERING AGREEMENT
VILLAGE OF OAK BROOK
2012 WATER MAIN REPLACEMENT PROJECT
THIS AGREEMENT, made and entered into this day of
2011, by and between James J. Benes and Associates, Inc., (hereinafter referred to as
"ENGINEER ") and the Village of Oak Brook, a municipal corporation (hereinafter referred to as
"VILLAGE ") covers certain professional design and engineering services in connection with the
2012 Water Main Replacement Project (hereinafter referred to as "PROJECT ").
The VILLAGE wishes to retain ENGINEER for these certain professional design and
engineering services and ENGINEER is willing to perform such services for the compensation
and in accordance with the terms and conditions described in this Agreement.
NOW, THEREFORE, in consideration of the mutual benefits, covenants and agreements
contained within this Agreement, the parties agree as follows:
SCOPE OF SERVICES
ENGINEER agrees to perform design and 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
VILLAGE shall pay ENGINEER for all services stipulated within this Agreement
according to the Compensation Schedule attached as Appendix II and made a part of
this Agreement.
VILLAGE shall make payment to ENGINEER 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 hourly rate. 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 that appears to be in error, VILLAGE may withhold the amount in question,
pay the balance of the invoiced amount, and provide ENGINEER with a statement
concerning the questioned item. Alternatively, VILLAGE may pay the invoiced amount in
full, provide ENGINEER with a statement of the questioned item, and an adjustment, if
appropriate, will be made in the next subsequent invoice submitted by ENGINEER.
ENGINEER will mark "Invoice number _ and final" on the invoice which closes out this
contract or a phase of the contract.
If VILLAGE fails to make any payment due ENGINEER for services and expenses,
including amounts wrongly withheld, within forty -five (45) 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 forty -fifth (45th) day; and, in addition, the
ENGINEER may, after giving seven (7) days written notice to VILLAGE, suspend
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4.
5.
services under this Agreement until it has
services and expenses. During the period
have the same rights and obligations as
Agreement ( "Suspension of Services ").
TIME SCHEDULE
been paid in full the amounts due it for
of any such suspension, the parties shall
are provided by Subsection 5(e) of this
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.
TERM OF AGREEMENT
Unless extended by amendment, this Agreement shall terminate at the time of receipt of
final payment by the ENGINEER, provided that all warranties and representations shall
survive said final payment.
GENERAL TERMS AND CONDITIONS
a. Modification
ray
The nature and the scope of services specified in this Agreement may only be
modified by written amendment to this Agreement, including deviation of Section
3, approved by both parties.
Relationship between ENGINEER and VILLAGE
ENGINEER shall serve as VILLAGE'S professional design and 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.
Responsibility of the ENGINEER
All plans and other documents furnished by the ENGINEER pursuant to this
Agreement shall be endorsed by him and shall show his professional seal where
such is required by law.
Notwithstanding anything to the contrary which may be contained in this
Agreement or any other material incorporated herein by reference, or in any
agreement between VILLAGE and any other party concerning the PROJECT,
ENGINEER shall not have control or be in charge of and shall not be responsible
for the means, methods, techniques, sequences or procedures of construction, or
the safety, safety precautions or programs of VILLAGE, the construction
contractor, other contractors or subcontractors performing any of the work or
providing any of the services on the PROJECT, except for Engineer's
subcontractors, 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 other
ENGINEER, consultant, contractor or subcontractor, except for Engineer's
subcontractors, to carry out their respective responsibilities in accordance with
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e.
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.
Corrections
In the event plans are found to be in error and revisions of the plans are
necessary, the ENGINEER agrees that it shall perform such plan revision work
without expense to the VILLAGE, even though it has received final payment. It
shall give immediate attention to these changes so there will be a minimum delay
to the contractor.
Suspension of Services
VILLAGE may, at any time, by written order to ENGINEER (Suspension of
Services Order), require ENGINEER to stop all, or any part of, the services
required by this Agreement. Upon receipt of such an order, ENGINEER shall
immediately comply with its terms and take all reasonable steps to minimize the
occurrence of costs allocable to the services covered by the order. VILLAGE,
however, shall pay all costs associated with suspension, including all costs
necessary to maintain continuity and the staff required to resume the services
upon expiration of the suspension of services order.
In the event the period of any suspension exceeds thirty (30) days, VILLAGE
shall reimburse ENGINEER for the costs as itemized, if any, of such suspension
and re- mobilization. ENGINEER will not be obligated to provide the same
personnel employed prior to suspension when the services are resumed,
Termination
1) Either party to this Agreement shall have the right to terminate this
Agreement with 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 ( "Indemnification ") 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 that ENGINEER is
then accomplishing for the VILLAGE. ENGINEER shall be paid for any
services completed and any services partially completed in accordance
with Sections 2 and 3.
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g. Warranties
In addition to the covenants herein m ade, the ENGINEER warrants:
1) That it shall render planning and design services in accordance with
generally accepted and currently recognized design and engineering
practices and principles.
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 shall 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 it 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 it 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) That it is qualified technically and is conversant with the policies
applicable to the PROJECT; and that it has and will furnish sufficient,
properly trained and experienced personnel to perform the services
enumerated herein.
4) That it will not employ, for the duration of this Agreement, any person
presently employed by the VILLAGE without the written consent of the
VILLAGE.
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. ENGINEER shall have the right to retain
copies of all documents and drawings for its files. All construction drawings shall
be prepared on 24" x 36" mylar sheets (maximum size), and CAD file, or any
other format acceptable to the Village.
If construction services are a part of the ENGINEER'S work, it will receive and
assemble as- builts (prepared by the Contractor to show "As- Built" conditions)
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and will deliver them to the VILLAGE within thirty (30) days after completion of
construction and before final payment to the ENGINEER. ENGINEER will stamp
these drawings "Record Drawings ".
If construction services are not part of the ENGINEER'S work, it will deliver the
original drawings to the VILLAGE upon request and before final payment to the
ENGINEER.
Access to Records
The ENGINEER shall maintain all books, documents, papers, accounting records
and other evidence pertaining to its costs incurred by reason of this Agreement
and agrees to make such material available, at its 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, and VILLAGE shall
indemnify and hold harmless ENGINEER from all claims, damages, loses, and
expenses, including reasonable attorneys' fees, arising out of or resulting from
such unauthorized reuse or modification.
Indemnification
ENGINEER agrees to indemnify and hold the VILLAGE and any of its officers,
employees, or agents harmless from and against any damage, liability or costs
(including reasonable attorney's fees and costs of defense), caused by the
Architect's negligence, errors or omissions in the performance of this Agreement,
unless such loss, damage, injury, or loss or damage to property results from or
arises out of the negligent acts or omissions by the VILLAGE or its officers,
employees or agents.
VILLAGE agrees to indemnify and hold the ENGINEER harmless from and
against any damage, liability or costs (including reasonable attorney's fees and
costs of defense), caused by the Village's negligence, errors or omissions in the
performance of this Agreement, unless such loss, damage, injury, or loss or
damage to property results from or arises out of the negligent acts or omissions
by the ENGINEER or its officers, employees or agents.
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
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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.
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 prior
written approval of the other.
p. Waiver of Contract Breach
The waiver by 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 applicable,
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.
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 Village private property and
shall obtain all necessary approvals and permits required from all governmental
authorities having jurisdiction over the PROJECT.
Pages
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 in
section 5, paragraph u ( "Address for Notices "), shall review and respond
promptly to all communications received from the other parry.
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:
JAMES J. BENES AND ASSOCIATES, INC
950 Warrenville Road
Lisle, IL 60532
Attn: Thomas Adomshick, P.E.
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: Village Engineer
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. In no
case shall the VILLAGE permit a lapse in required coverage, as noted in App. IV.
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.
ENGINEER shall submit separate proposals for furnishing these additional
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services. Compensation for such additional services shall be negotiated by the
parties and included in thi s Agreement by a written amendment.
IN WITNESS WHEREOF, the parties set their hands and seals on the date first written above.
VILLAGE OF OAK BROOK
A Muni pal Corporation
Village President
James J. Benes and Associates, Inc.
Vice President
ATTEST:
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ATTEST:
Secretary
9
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Scope of Services
2012 Water Main Replacement
SECTION I: SCOPE OF WATER MAIN DESIGN IMPROVEMENT
The 2012 Water Main Replacement project for the Village of Oak Brook consists of replacing existing 6"
and 8" water mains on the York Woods subdivision streets listed below, a distance of approximately
8,520 feet. The existing water main within these project limits will be replaced in kind with 6° or 8" C -900
water main plus a conduit with tracer wire. The installation of the new water main is expected to be
located under the existing street pavement and to be installed using open cut trench methods. Gate
valves and vaults and fire hydrants will be installed on the new water main as required. Existing water
services will be replaced up to and including the buffalo boxes. Far side domestic services are intended
to be bored where practical. Pavements, driveways, and grassed parkway impacted by the water main
construction will be restored.
The improvement is planned to be constructed in 2012. The design of the improvements will conform to
Village of Oak Brook (the VILLAGE) water main standards, ISPE Standard Specifications for Water and
Sewer Main Construction in Illinois, and Illinois Department of Transportation standards and
specifications.
Approx. 6650 ft. of 6" pipe
Chatham Lane: approx 2200 ft.
from Windsor Drive to Windsor Drive
Croydon Lane: approx 2210 ft.
from Windsor Drive to Windsor Drive
Sheffield Lane: approx 2240 ft.
from south intersection at Windsor Drive to north
intersection at Brighton Lane
Approx. 1870 ft. of 8" pipe
Windsor Drive: approx 1870 ft. from Dover Drive to north end cul -de -sac
Based on a preliminary review of the FIRM Map and National Wetlands Inventory mapping, the project
limits do not encroach upon or with buffer areas for any special management areas. Therefore wetland
delineations and preparation of a tabular stormwater submittal are not included in the scope of services.
The ENGINEER will provide assistance with the bidding of the project in the winter of 2012 as part of this
contract. The VILLAGE may or may not request the ENGINEER's assistance with construction
engineering services; if requested, a separate contract will be entered into for those services.
SECTION II: SCOPE OF DESIGN SERVICES
A. Field Survey and Inventory: A field survey will be performed within the entire right -of -way as needed
to establish existing conditions in the area of the water main construction. Field survey will be performed
by Glen D. Krisch Land Surveyor, Inc. See attached proposal for details of scope of survey work.
Baselines and benchmarks will be established for plan preparation and construction layout. Items of
planimetry (i.e. trees, fences, utilities, etc.) within the area of work will be located. The VILLAGE will
provide available existing plans of previous water main and road improvements on the subject streets.
Existing utility atlases will be requested from private utility companies with facilities in the project area.
Page 1 of 3
APPENDIX I
Scope of Services
2012 Water Main Replacement
The VILLAGE benchmark system will be used for this project. Bench marks used will be stated on the
plans. A benchmark check of all existing VILLAGE benchmarks within the project area will be performed.
Any discrepancies will be discussed with the Village to ascertain the correct elevations that will become
benchmarks. The existing VILLAGE benchmarks will also be tied into a DuPage County benchmark if
one exists within a half mile of the site.
A copy of the completed survey data will be provided to the Village in AutoCAD format for use by others
in preparing plans for the 2013 roadway improvements.
B. Geotechnical Investigations: Coordinate and perform soil borings to explore soil conditions within the
area of the proposed water main construction. A total of twelve (12) soil borings extending to a depth of
10 feet will be performed.
Geotechnical Investigations will also include a preliminary screening of environmental databases to
identify potential for contaminated soils in relation to CCDD requirements. (Testing of soils for presence
of contaminants is not included in the scope of services. Soil testing, if required, will be performed as a
part of a separate contract.)
This soil boring work and screening of environmental databases will be subcontracted to Testing Service
Corporation.
C. Preliminary Construction Documents: Preliminary construction documents will be prepared that show
the planned horizontal alignment, vertical alignment at critical locations and design elements of the
proposed water main. The documents will include a title sheet, general notes /summary of quantities, plan
and profile drawings, a storm water pollution prevention plan, and construction details.
D. Specifications and Cost Estimate: The construction contract documents will be prepared using the
current VILLAGE standards and policies, ISPE Standard Specifications for Water and Sewer Main
Construction in Illinois, and IDOT Standard Specifications for Road and Bridge Construction. Special
provisions will be written for items not covered in the standard specifications. A preliminary engineer's
estimate of cost will be prepared.
E. Storm Water Management Tabular Submittal: Not included. It is assumed that a storm water
submittal is not required for this project. A storm water pollution prevention plan will be provided and the
plan and profile sheets will include and erosion and sediment control measures.
F. Preliminary Construction Document Review: Preliminary construction documents and papers will be
submitted to the VILLAGE. The ENGINEER will attend a coordination meeting to discuss the VILLAGE's
review comments.
G. Final Construction Documents and Papers: Construction documents and papers will be completed in
response to VILLAGE comments. Final design quantities for all construction items will be computed and
tabulated. The final plans, specifications and contract bidding documents will be prepared. The final
engineer's estimate of construction costs will be prepared. The final plans will be submitted to the
applicable utility companies.
H. Permit Applications: Water main construction permit application documents will be prepared. and
submitted with copies of the plans and specifications to the Illinois Environmental Protection Agency for
review and approval.
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APPENDIX I
Scope of Services
2012 Water Main Replacement
Preparation of an IEPA Notice of Intent (NOI) form is not included in the scope of services. Submission of
a NOI is done after award of the contract and would be a part of construction engineering services under
a separate contract.
I. Bidding: The ENGINEER will respond to questions from prospective bidders about the intent of the
contract documents prior to the bid opening. The ENGINEER will attend the bid opening, evaluate the
bids, check references, and make recommendations for the award of the construction contracts.
Page 3 of 3
APPENDIX II
Compensation Schedule
2012 Water Main Replacement
This is a cost plus with a not -to- exceed amount type of Agreement. Compensation will be based on an
hourly rate basis with a "Not -To- Exceed" amount of $89,468. This amount shall not be exceeded unless
there is a change in the scope, complexity, or character of the work and both parties shall agree in
writing. Under these circumstances, adjustments in total compensation to the ENGINEER shall be
determined through negotiation between the parties of the Agreement.
The estimate of man -hours and costs for each task is provided on the following page. Reimbursement
will be at the actual rate for the individuals working on the project.
The current ]DOT approved rate for Overhead and Payroll Burden is 140.00 percent (see attached letter)
and will be used throughout the life of the Agreement.
Direct cost items and other out -of- pocket expenses are estimated and listed on a following page.
Reimbursement will be at the actual cost. Documentation for such direct expenses will be submitted with
the ENGINEER's invoices.
Page 1 of 4
APPENDIX II
Compensation Schedule
2012 Water Main Replacement
2012 WaterMain Replacemed
VILLAGE OFOAK BROOK
DATE: June30,2011
ESTIMATE OF MANHOURS AND COSTS
DESIGN PHASE 120111
ENVIRMTL
PRINCIPAL ASSOCIATE
SPECIALIST
ENGR.
CATEGORY OF SERVICE
A. Field Survey and Invenbry
1
0
2
2
B. GeoteEmi ®I lnvestleatons
1
0
0
2
C. Preliminary Construction Plans
16
a
6
149
D. Spedfi ®lions andCosl Esfimate
4
0
2
48
E. SlomaRter Mgmt Tabular Submital
a
0
0
0
R Preliminary COnsL Dawment Review.
4
0
0
8
G. Final Construnion Dorn and Papers
2
0
0
24
H. PemtltApplicifions
2
0
0
16
I. Bidding
2
0
0
12
JAMES J. BENES AND ASSOCIATES, INC.
950 Mi- enville Road. Suite 101
Lisle, Illinois 60532
(830)710-7570 FAX(630)71 &7589
TOTAL
TECH. TOTAL DIRECT PAYROLL DIRECT TOTAL
_ HOURS PAYROLL COST- COST COST
8 13 $398 $1,097 $19,500 $20.597
0 3 $125 $344 $5,750 $6,094
360 539 $15,133 $41,766 $240 U2,OM
40 94 $2,857 $7,885 $7.885
0 a $0 $0 $0
0 12 $498 $1,374 $1,374
56 82 $2262 $6,243 $230 $6,473
8 26 $836 $2,307 $120 12,427
0 14 $511 $1,410 $1,200 $2,610
TOTAL 32 8 10 261 472
DESIGN (2011) $1,8E8 $342 $395 $8,548 $11,4411
PAYROLL PLUS OVERHEAD RATE OF 140.00% OF
DIRECT PAYROLL AND FEE OF 16% OF DIRECT
PAYROLL AND OVERHEAD.
Page 2 of 4
783 $22.819 $62,428 $27.04a $89,488
$22.619
COST "NOT- TO- FJlCEED" $89,469
APPENDIX II
Compensation Schedule
2012 Water Main Replacement
Vol 111hois Department of TrarwportaWn
2300 South Dirtsen Parkway I Springfield, III ncis 162764
16140roh 317, 2011
Subject: PRELIMINARY ENGINEERING
Consultant Unit
Prequalification File
Mr. Gary L. Cottingham
Itenes, James J. & Assoc., Inc.
950 Warrenville Rd.
Suite T01
Lisle, IL 60532-
Dear Mr. Cottingham-
We have completed our review of the cofparate and financial information portion
a.` your "Statement of Experience and Financial Condition" (SEFC) which you
submitted far the fiscal year onding December 31, 2010. Your firm's total annual
transportation fee capacity will be $4,800,000.
Your firrr's payroll burden and fringe expense rate and general and administrative
expense rate totaling 140% are approved on a provis onal basis. The sotual rate
used in agreement negotiations may be dammined by our Bureau or Budget and
Fiscal Management In a pre - award audit.
Your firm is required :o report to this office any additions or deletions of your
licensed professional staff or any other key personnel that would affect your firm's
prequalificatien in a particular category. T9 is report must be submitted within 15
calendar days of the change.
Your firm is prequalified until Uecemher 31, 2011. You will b0 given an additional
six months from this date to submit the Corporate and Financial Information
portion of the "Statement of Experience and Financial Condition" (SEFC) to
remain prequalifleo.
very truly yours.
Janet L. Pisani, P E.
Acting Secticn Chief
Preliminary Engineering
APPENDIX 11
Compensation Schedule
2012 Water Main Replacement
DIRECT COST DETAIL
Design Phase (2011)
Printing of preliminary plans for Village and IEPA $240.00
Printing of final plans for Utility Companies
Printing of final permit plans for IEPA
$230.00
$120.00
Printing of bidding plan sets and final plan sets for Village $1,200.00
Subsurface soils investigation (soil borings subconsultant - TSC) $5,750.00
Survey (surveying subconsultant — Glen D. Krisch Land Surveyor, Inc.) $19,500.00
Page 4 of 4
APPENDIX III
Time Schedule
2012 Water Main Replacement
Contract Approval
Design Services
A. Field Survey and Inventory
B. Soil Borings
C. Preliminary Construction Documents
D. Specifications and Cost Estimate Phases
E. Preliminary Review by Village and [EPA Permit Review
F. Final Construction Documents and Papers
G. Final Permit Submittals
H. Bidding
Page 1 of 1
July 2011
August 2011
August 2011
Sept. — Oct. 2011
Oct. 2011
Nov. 2011
Dec. 2011 — Jan. 2012
Jan. 2012
Feb. 2012
APPENDIX IV
Insurance
ENGINEER shall maintain for the term of this Agreement, and for a period of twelve months
after the services contracted for hereunder have been com plated, 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 showing the
Village added to the General Liabi lity Insurance as an additional insured.
7. Coverage shall not be suspended, voided, canceled, or reduced during the term
of this agreement. 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 liabi lity of any kind upon the company, its agents or
representatives" will be stricken or crossed out.
Page 12
June 24, 2011
Mr. Thomas Adomshick, P.E.
James J. Benes and Associates, Inc.
950 Warrenville Road Suite 101
Corporetum Office Campus
Lisle, Illinois 60532
RE: P.N. 47,265
Geotechnical Exploration
Village of Oak Brook
2012 Water Main Replacement
Oak Brook, Illinois
Dear Mr. Adomshick:
TESTING SERVICE CORPORATION
Corporate Office:
360 S. Main Place, Carol Stream, IL 60188.2404
630A62.2600 • Fax 630.653.2988
Testing Service Corporation (TSC) is pleased to submit this proposal to provide Geotechnical
Engineering Services for the above captioned project. It responds to your email dated June 23, 2011.
The objectives of the Geotechnical Study are to explore soil conditions and provide recommendations
for design and construction in connection with the proposed water main replacement.
Project Description:
Our understanding of the project include the following streets:
• Chatham Lane: from Windsor Drive to Windsor Drive
• Croydon Lane: from Windsor Drive to Windsor Drive
• Sheffield Lane: from its south intersection with Windsor to its north intersection with
Brighton Lane.
• Windsor Drive: from Dover Drive to the north end (cul -de -sac)
If the location or type of the proposed structure(s) are changed, TSC should be promptly contacted to
determine the relevance of our proposed boring program to the new project configuration.
Boring Program:
As directed in your email we are proposing to drill twelve (12) soil borings extended to a depth of 10
feet as part of our Geotechnical Exploration. Total drilling footage on this basis is estimated to be
about 120 lineal feet.
For the purposes of this proposal we have assumed that the boring locations will be accessible to
conventional drilling equipment. No provisions have been made for tree /brush clearing or other
obstruction removal should borehole access be impeded. No borings are planned inside of existing
structures.
TSC will utilize personnel trained in layout procedures to stake the borings in the field. Ground
surface elevations for each borehole will be determined by level survey methods (benchmark to be
Providing a Fall Range of Geotechnical Engineed* Enoironneentai Services, and Construction Materials Engineering & Testing
James J. Benes and Associates, Inc.
P.N. 47,265 - June 24, 2011
provided). Utility clearance for the borings will be obtained by contacting JULIE (Joint Utility Locating
Information for Excavators); secondary and private underground utility lines will have to be marked by
the property owner or their agents.
Soil samples will be obtained by split -spoon or thin - walled tube methods. Sampling will be performed
at 2'Moot intervals for the first 15 feet and not exceed 5 -foot intervals below this level.
Representative portions of samples will be sealed, packaged and transported to our laboratory.
Groundwater observations will also be made during and following completion of drilling operations.
In accordance with the International Building Code (IBC), the Site Class for seismic design is based
on average soil properties in the top 100 feet. Where IBC 2006 has been enacted, Site Class D shall
be used unless site specific soils information is available. To determine whether Site Class C is a
possibility, it would be necessary to extend one (1) of the borings to 100 feet in depth (or rock if
encountered shallower). Contact the undersigned for additional details and /or the associated cost.
Laboratory Testing:
Samples obtained from the borings will be examined by experienced laboratory personnel in order to
verify field descriptions as well as to visually classify in accordance with the Unified Soil Classification
System. Laboratory testing will include moisture content and dry unit weight determinations as well
as measurements of unconfined compressive strength by direct or indirect methods, as appropriate.
Other tests deemed to be necessary by TSC's Project Engineer may also be recommended for your
approval.
Engineering Report:
Upon completion of sampling and testing, you will receive an engineering report summarizing Feld
and laboratory test data, including a boring location plan and computer generated boring logs. The
report will address anticipated soil and groundwater conditions impacting site development, based
upon the information obtained from the borings. It will also provide recommendations to guide design
and specification preparation pertaining to geotechnical issues relevant to the structure or purpose
described in this proposal. These may include the following:
• General earthwork and construction considerations.
• Remedial work and /or treatment of unstable or unsuitable soil.
• Soil bearing support of the pipe and backfill
• Methods of excavation.
• Anticipation of and management of groundwater.
• Material and compaction requirements for trench backfill.
As requested TSC will perform a preliminary screening of environmental databases to identify
potential for contaminated soils in relation to CCDD requirements.
-2-
James J. Benes and Associates, Inc.
P.N. 47.265 - June 24. 2011
Fees and Scope:
In accordance with the Cost Estimate attached, TSC is proposing a not -to- exceed budget amount of
Five Thousand Seven Hundred Fifty Dollars ($5,750.00) to provide the Geotechnical Exploration
outlined above. Our proposal is based on the understanding that: the boring locations are accessible
to a conventional truck or All- Terrain Vehicle (ATV) mounted drill; none of the borings will be located
in standing water; and that the work can be performed during standard business hours. Our fee is
further subject to this proposal being accepted by you on or before October 31, 2011.
Should the study reveal unexpected subsurface conditions requiring a change in scope, you will be
contacted before we proceed with further work. Our invoice would then based on the unit rates given
in the attached Cost Estimate or as otherwise agreed upon. Please note that our quoted fee does not
include plan review as well as excavation, fill, earthwork, footing or foundation observations during
construction phases of the project. The project budget should include provision for these services.
Consultation, preconstruction meetings or other professional services subsequent to delivery of
TSC's report are additional services that will be covered by separate invoice.
Closure:
The geotechnical services being performed are subject to TSC's attached General Conditions. Unless
stated otherwise, TSC fees include all state and federal taxes and permits that may be required.
However, they do not include any license, permit or bond fees that local governments may impose.
The local fees, if any, will be added to the invoice. Unless we receive written instructions to the
contrary, invoices will be sent to:
Mr. Thomas Adomshick, P.E.
James J. Benes and Associates, Inc.
950 Warrenville Road Suite 101
Corporetum Office Campus
Lisle, Illinois 60532
Tel: (630) 719 -7570
Fax: (630) 719 -7589
email: tadomshick @jjbenes.com
If this proposal meets with your approval, please indicate your acceptance by signing one copy and
returning it to our Carol Stream, Illinois office. When also completing the attached Project Data form,
kindly indicate who is to receive copies of TSC's report and other related information.
-3-
James J. Benes and Associates, Inc.
P.N. 47,265 -June 24, 2011
Your consideration of our proposal is appreciated. We look forward to being of service to you on this
project.
Respectfully submitted,
TESTING SERVICE CORPORATION
(/ Wichael V. Machalinski, P.E.
Vice President
MVM:MDB:kw
Enc: Cost Estimate
General Conditions
Project Data Sheet
Approved and accepted for
(NAME)
(DATE)
-4-
Prepared by,
Michael D. Billings
Director of Business Development
by:
James J. Benes and Associates, Inc.
P.N. 47,265 - June 24, 2011
COST ESTIMATE
Village of Oak Brook
2012 Wafer Main Replacement
Oak Brook, Illinois
ITEM UNITS QTY
RATE COST
STAKING AND UTILITY CLEARANCE
1.1
1 Layout Crew Chief
Hour
4.0
90.00
$ 360.00
DRILLING AND SAMPLING
MOBILIZATION AND DEMOBILIZATION OF DRILL RIG AND CREW
2.1
Drill Mounted on Truck
Each
F,
450.00
$ 450.00
ADVANCE BOREHOLES BY SOLID OR HOLLOWSTEM AUGER METHODS
2.2
0 - 25 Foot Depth
Foot
120.0
14.00
$ 1,680.00
SOIL SAMPLING
2.3
Split -Spoon Procedure/0 - 50,
Each
48
20.00
$ 960.00
DRILL CREW PREVAILING WAGE SURCHARGE
3.1
2 Person Drill Crew, Regular Time
(Up to 8.0 Hours per Day)
Hour
8.0
25.00
$ 200.00
3.2
2 Person Drill Crew, Overtime
(Over 8.0 Hours or Saturday)
Hour
2.0
35.00
$ 70.00
LABORATORY TESTING
4.1
Examine Samples to Describe by Textural System and
Classify Using the Unified Soil Classification System
Each
4B
4.00
$ 192.00
4.2
Water Content Determination (Includes Pocket
Penetrometer Reading on Cohesive Samples)
Each
44
6.50
$ 286.00
4.3
Unconfined Compressive or Torvane Shear Strength of
Cohesive Soils
Each
16
13.00
$ 208.00
4.4
Dry Unit Weight Determination
Each
6
6.50
$ 39.00
ENGINEERING SERVICES
5 1
Prepare Geotechnical Report with Boring Logs and Location
Plan
Lump
Sum
1
800.00
$ 800.00
5.2
Preliminary Screening of Environmental Databases to
Identify Potential for Contaminated Soils in Relation to
CCDD Requirements
Lum
Sump
1
500.00
$ 500.00
ESTIMATEDTOTAL:
$ 5,745.00
RECOMMENDED BUDGET:
$ 5,750.00
-5-
TESTING SERVICE CORPORATION
1. PARTIES AND SCOPE OF WORK: If Client Is ordering the
services on behalf of another, Client represents and warrants
that Client is the duty authorized agent of said parry for
the purpose of ordering and directing said services, and in
such case file turn 'Client" shall also include the principal
for whom the services am being performed. Prices quoted
and charged by TSC for he services are predicated on the
conditions and the allocations of risks and obligations
expressed in these General Conditions. Unless otherwise
stated in writing, Client assumes sale responsibility for
determining whether the quantity and the nature of the
services ordered by Client are adequate and sufficient for
Client's Intended purpose. Unless otherwise expressly
assumed In writing, TSCS services are provided exclusively
fordienLTSC shall have no duty orobligation otherthan those
duties and obligations expressly set forth in this Agreement.
TSC shall have no duty to any third party. Client shall
communicate these General Conditons to each and every
parry to whom the Client transmits any report prepared by
TSC. Ordering services from TSC shall constitute acceptance
of TSC's proposal and these General Conditions.
2 SCHEDULING OF SERVICES: The services set forth in this
Agreementwill be accomplished in atimely and workmanlike
manner. If TSC is required to delay any part of Its services
to accommodate the requests or requirements of Client,
regulatory agencies, ar third parties, or due to any cause
beyond its reasonable cannot, Client agrees to pay such
additional charges, If any, as may be applicable.
3. ACCESS TO SITE: TSC shall take reasonable measures
and precautions to minimize damage to the site and any
improvements located thereon as a result of its services or
the use of its equipment; however, TSC has not included in
Its fee the cost of restoration of damage which may occur. If
Client desires or requiresTSC to restore the she to its former
condition, TSC will, upon written request, perform such
additional work as is necessary to do so and Client agrees
to pay to TSC the cost thereof plusTSC's normal markup for
overhead and profit.
4. CLIENT'S DUTY TO NOTIFY ENGINEER: Client represents
and warrants that Client has advised TSC of any known or
suspected hazardous materials; utility lines and underground
structures at any site at which TSC is to perform services
under this agreement
& DISCOVERY OF POLLUTANTS: TSCS services shall not
Include investigation for hazardous materials as defined by
the Resource Conservation Recovery Act, 42 U.S.C.§ 6901,
at seq., as amended (`RCRA ") or by any state or. Federal
statute or regulation. In the event that hazardous materials
am discovered and Identried by TSC, TSC's sole duty shall
be to notify Client
S. MONITORING: If this Agreement Includes testing
construction materials orobserving any aspectof construction
of improvements, Client's construction personnel will
verify that the pad is property located and sized to meet
Client's projected building loads. Client shall cause all
tests and Inspections of the site, materials and work to
be timely and property performed in accordance with
the plaris, specifications, contract documents, and TSC's
recommendations. No claims for loss, damage or injury
shall be brought againstTSC unless all tests and inspections
have been so performed and unless TSCS recommendations
have been followed.
TSC's services shall not Include determining or implementing
the means, methods, techniques or procedures of work
done by the comractorjs) being monitored or whose work is
being tested. TSC's services shall not include the authority
to accept or reject work or to in any manner supervise
the work of any contractor. TSC's services or failure to
perform same shall not in any way operate or excuse any
contractor from the performance of its work in accordance
GENERAL CONDITIONS
Geotechnical and Construction Services
with its contract. 'Contractor" as used herein shall Include
subcontractors, suppliers, architects, engineers and
construction managers.
Information obtalnedfrom borings,observatians and analyses
of sample materials shall be reported in formats considered
appropriate by TSC unless directed otherwise by Client
Such Information is considered evidence, but any inference
or conclusion based thereon is, necessarily, an opinion also
based on engineering judgment and shall not be construed
as a representation of fact Subsurface conditions may not
be uniform throughout an entire site and ground water
levels may fluctuate due to climatic and other variations.
Construction materials may vary from the samples taken.
Unless otherwise agreed in writing, the procedures em played
by TSC are not designed to detect Intentional concealment
or misrepresentation of facts by othem.
7. DOCUMENTS AND SAMPLES: Client Is granted an
exclusive license to use findings and reports prepared
and issued by TSC and any sub - consultants pursuant to
this Agreement for the purpose set forth In TSC's proposal
provided that TSC has received payment in full for Its
services. TSC and, if applicable, its sub- consultant, retain
all copyright and ownership Interests in the reports, boring
logs, maps, field data, field notes, laboratory test data and
similar documents, and the ownership and freedom to use
all data generated by R for any purpose. Unless otherwise
agreed In writing, test specimens or samples will be
disposed immediately upon completion of the test. All drilling
samples or specimens will be disposed sixty (60) days after
submission of TSC's report.
&TERMINATION: TSCS obligation to provide services maybe
terminated by either party upon (n seven days prior written
notice. In the event of termination of TSC's services, TSC
shall be compensated by Client far all services performed up
to and including the termination date, including reimbursable
expenses. The terms and conditions of these General
Conditions shall survive the termination of TSC's obligation
to provide services.
&PAYMENT: Clientshall be invoiced periodically for services
performed. Client agrees to pay each invoice within thirty (30)
days of Its recelpt Client further agrees to pay Interest on
all amounts invoiced and not paid a objected to in writing
for valid cause within sixty (60) days at the rate of twelve
(12 %) perannum (orthe maximum interestrate permitted by
applicable law, whichever is the lesser) will paid and TSC's
costs of collection of such accounts, Including court costs
and reasonable attorney's fees.
10. WARRANTY: TSC's professional services will be
performed, its findings obtained and its reports prepared
in accordance with these General Conditions and with
gemmilywmpted princ'iples and pmcbm. In performing its
professional services, TSC will use that degree of rare and skill
ordinarilyexerdced undersimilarcimmstances by members
of its profession. In performing physical work in pursuit of
Its professional services, TSC will use that degree of cam
and skill ordinarily used under similar circumstances. This
warmly is in lieu of all other warranties or representations,
either express or implied. Statements made in TSC reports
are opinions based upon engineering judgment and are not
to be construed as representations of fact
Should TSC or any of Its employees be found to have been
negligent In performing professional services orto have made
and breached my express or implied warranty, representation
or contract Client, all parties claiming through Client and
all parties claiming to have in any way relied.upon TSC's
services or work agree that the maximum aggregate amount
of damages for which TSC, its officers, employees and agents
shall be liable Is limited to $50,000 or the total amount of
the fee paid to TSC for its services performed with respect
to the project, whichever amount is greater.
In the eventGientis unwilling orunable to Dmitthe damages
forwhich TSC may be liable In accordanoWth the provisions
set forth In the preceding paragraph, upon mitten request
of Client received within five days of Client's acceptance of
TSC's proposal together with payment of an additional fee
in the amount of 5 %of TSCS estimated cost for its services
(to be adjusted to 5 °% of the amount actually billed by TSC
for its services an the project at time of compieflon), the limit
on damages shall be increased to $500,000 or the amount
of TSC's fee, whichever is the greater. This charge Is not to
be construed as being a charge for Insurance of any type,
but Is Increased consideration for the exposure to an award
of greater damages.
11. INDEMNITY: Subject to the provisions set forth herein,
TSC and Giant hembyagmete Indemnify and hold harmless
each other and their respectihm shareholders, directors,
officers, partners, employees, agents, subsidiaries and
division (and each of their helm, successors, and assigns)
from any and all claims, demands, liabilities, suds, causes of
action, judgments, costs and expenses, Including reasonable
attorneys' fees, arising. or allegedly arising, from personal
Injury, Including death, property damage, including loss of use
themot, due in any mannerto the negligence of either of them
or their agents or employees or independent contractors. In
the event bath TSC and Client are found to be negligent or
alfault,then any liability shall be apportioned between them
pursuant toiheir pm role sham of negligence orfauN.TSC and
Clientfmther agree thatthelr liability to any third party shall,
to the extent permitted by law, be several and not joint. The
liabilty ofTSC under this provision shag not exceed the policy
limits of insurance carried by TSC. Neither TSC nor Client
shall be bound under this Indemnity agreement to liability
determined in a proceeding in which It did not participate
represented by Its own Independent counsel. The indemnities
provided hereunder shall not terminate upon the termination
or expiration of this Agreement, but may be modified to the
extent at any waiver of subrogation agreed to by TSC and
paid for by Client.
12. SUBPOENAS: TSC's employees shall not be retained as
expert witnesses except by separate, written agreement
Client agrees to pay TSC pursuant m TSCS then current fee
schedule for myTSC employee(s) subpoenaed by any party
as an occurrence witness as a result of TSC's services.
13. OTHER AGREEMENTS: TSC shall not be bound by
any provision or agreement IQ requiring or providing for
artidration of disputes or controversies arising out of this
Agreement or its periormai gg wherein TSC waives any
rights to a mechanics lien or surety bond claim; (iig that
conditions TSCS right to receive payment for its services
Upon payment to Client by anythird party or (v) that requires
TSC to Indemnify any parry beyond as own negligence These
General Conditions am notice, where required, thatTSC shall
file a lien whenever necessary to collect past due amounts.
This Agreement contains the entire understanding between
the parties. Unless expressly accepted by TSC in writing
prior to delivery of TSC's services, Client shall not add any
conditions or Impose conditions which am in conflict with
those contained herein, and no such additional or conflicting
terms shall be binding upon TSC. The unenforceability or
invalidity of any provision or provisions shall not render any
other provision or provisions unenforceable or invalid. This
Agreement shall be construed and enforced in accordance
with the laws or the State of Illinois. In the event of a dispute
arising out afar relabng to the performance of this Agreement,
the breach thereof or TSC's services, the parties agree to
try in good faith to settle the dispute by mediation under
the Construction Industry Mediation Rules of the American
Arbitration AsendaUon as a condition precedent to filing any
demand forarbibation, or any petition or complaint with any
court. Paragraph headings &a for convenience only and shall
not be construed as limiting the meaning of the provisions
contained in these General Conditions.
Rev 02,08
KRISCHLAND SURVEYING, LLC
P. 0.8 ox 929
Plainfield, Illinois 60544
Phone: (630) 627-5589 / Fax(630)627 -5594
SURVEYING - CONSULTING - CONSTRUCTION LAYOUT
July, 18, 2011
Tom Adomshick
James J. Benes and Associates
950 Warrenville Road, Suite 101
Lisle, I160532
Re: Oak Brook 2012 Water Main Project
Dear Tom,
As per your request and per the comments by the Village the following is an itemization for Land
Surveying services for the above reference project.
topography of full right of way and 10' into private property and 75' along intersecting
streets which will include at a minimum, location of all sewer & water structures with rim,
invert & pipe sizes, trees with diameters, landscape areas, all driveways and type detailed,
t/curb, gutter & c/1 shots on 50' intervals, additional ground shots to develop a tin model
for contours and cross sections if needed.
- elevations will be to the village benchmark datum and cross checked with DuPage County
datum. Permanent bench marks and collection control points will set through out the
project area
- all work will be coordinated with the public works department and all existing water main
markings will be collected and incorporated into the drawing file
- the village will be given a one week notice of our start date to coordinate notification to
the residents
- an electronic file will be provided and it is understood that this data will be used by others
for road redevelopment.
These services can be provided for a lump sum of $19,500 and the job completed in a four week
time frame from our start date.
If you should have any questions please do not hesitate to call me.
Sincerely,
i
Michael L. Krisch PLS