Eng. Inspection Services Agreement T-Mobile Equipment Upgrade and Install ENGINEERING INSPECTION SERVICES AGREEMENT
VILLAGE OF OAK BROOK
T MOBILE EQUIPMENT UPGRADE AND INSTALLATION
PROJECT
THIS AGREEMENT, made and entered into this day of2021,
by and between Dixon Engineering, Inc., (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 T-Mobile Equipment Upgrade
and Installation 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.
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If VILLAGE fails to make any payment due ENGINEER for services and expenses,
including amounts wrongly withheld, within thirty (30) days after submittal of
ENGINEER'S billing thereof, the amounts due ENGINEER shall include a charge at the
rate of one percent (1.0) per month from such thirtieth (30th) day; and, in addition, the
ENGINEER may,after giving seven(7)days written notice to VILLAGE,suspend services
under this Agreement until it has been paid in full the amounts due it for services and
expenses. During the period of any such suspension, the parties shall have the same rights
and obligations as are provided by Subsection 5(e) of this Agreement.
3. TIME SCHEDULE
The services required by this Agreement shall be completed in accordance with the Time
Schedule attached as Appendix III and made a part of this Agreement. It is recognized by
the parties that the Time Schedule may be contingent upon factors beyond the control of
either party. Both parties will take all reasonable steps to adhere to the Time Schedule.
4. TERM OF AGREEMENT
Unless extended by amendment, this Agreement shall terminate at the time of receipt of
final payment by the ENGINEER, provided that all warranties and representations shall
survive said final payment.
5. GENERAL TERMS AND CONDITIONS
a. Modification
The nature and the scope of services specified in this Agreement may only be
modified by written amendment to this Agreement approved by both parties.
b. Relationship between ENGINEER and VILLAGE
ENGINEER shall serve as VILLAGE'S professional engineering consultant in
those phases of the PROJECTS to which this Agreement applies. The relationship
is that of a buyer and seller of professional services, and it is understood that the
parties have not entered into any joint venture or partnership with the other.
C. Responsibility of the ENGINEER
That all plans and other documents furnished by the ENGINEER pursuant to this
Agreement will be endorsed by him and will show his professional seal where such
is required by law.
Notwithstanding anything to the contrary which may be contained in this
Agreement or any other material incorporated herein by reference, or in any
agreement between VILLAGE and any other party concerning the PROJECTS,
ENGINEER shall not have control or be in charge of and shall not be responsible
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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 PROJECTS, nor shall ENGINEER be responsible for the acts
or omissions of VILLAGE provided that the ENGINEER has properly executed his
duties. ENGINEER shall not be responsible for the failure of VILLAGE, any
architect, engineer, consultant, contractor or subcontractor to carry out their
respective responsibilities in accordance with the PROJECTS documents, or any
other agreement concerning the PROJECTS. Any provision, which purports to
amend this provision, shall be without effect unless it contains a reference that the
content of this Subsection 5(c) is expressly amended for the purposes described in
such amendment and is signed by ENGINEER.
d. Corrections
In the event plans, surveys or construction staking is found to be in error and
revisions of the plans or survey or construction staking are necessary, the
ENGINEER agrees that he will perform such work without expense to the
VILLAGE, even though final payment has been received by him. He shall give
immediate attention to these changes so there will be a minimum delay to the
contractor.
e. Suspension of Services
VILLAGE may, at any time, by written order to ENGINEER (Suspension of
Services Order),require ENGINEER to stop all,or any part of,the services required
by this Agreement. Upon receipt of such an order, ENGINEER shall immediately
comply with its terms and take all reasonable steps to minimize the occurrence of
costs allocable to the services covered by the order.
ENGINEER will not be obligated to provide the same personnel employed prior to
suspension when the services are resumed,in the event the period of any suspension
exceeds thirty(30) days.
f. Termination
1) The VILLAGE shall have the right to terminate this Agreement with or
without cause upon serving thirty (30) days written notice upon the other
party.
2) Upon such termination, the liabilities of the parties to this Agreement shall
cease,but they shall not be relieved of the duty to perform their obligations
up to the date of termination. All warranties and the provisions of Section
5, Paragraph I shall be in full force and effect after termination.
Upon such termination, ENGINEER shall cause to be delivered to the
VILLAGE all drawings, specifications, partial and completed estimates,
and any and all other data concerning the PROJECTS which ENGINEER
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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.
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 I I-
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
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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 PROJECTS; and that he has and will furnish sufficient,
properly trained and experienced personnel to perform the services
enumerated herein.
5) That he will not employ, for the duration of this Agreement, any person
presently employed by the VILLAGE without the written consent of the
VILLAGE.
6) ENGINEER represents and certifies that, to the best of its knowledge: (1)
no elected or appointed VILLAGE official, employee or agent has a
personal financial interest in the business of ENGINEER or in this
Agreement, or has personally received payment or other consideration for
this Agreement; (2) as of the date of this Agreement, neither ENGINEER
nor any person employed or associated with ENGINEER has any interest
that would conflict in any manner or degree with the performance of the
obligations under this Agreement; and (3) neither ENGINEER nor any
person employed by or associated with ENGINEER shall at any time during
the term of this Agreement obtain or acquire any interest that would conflict
in any manner or degree with the performance of the obligations under this
Agreement.
i. Documents Property of VILLAGE
Drawings, specifications, reports, and any other documents prepared by
ENGINEER in connection with any or all of the services furnished hereunder shall
be the property of VILLAGE and the VILLAGE shall obtain any and all intellectual
property rights in the drawings, specifications, reports, and documents prepared by
ENGINEER in connection with any and all of the services furnished hereunder.
ENGINEER shall have the right to retain copies of all documents and drawings for
its files. All construction drawings shall be prepared electronically using
MICROSTATION software. Paper copies will be provided to the VILLAGE in
full-size(24"x 36")or quarter-size(11"x 17")as requested. Electronic design files
will also be transferred to the VILLAGE.
If construction services are a part of the ENGINEER'S work, he will create
electronic "As-Built" conditions and will deliver them to the VILLAGE within
thirty (30) days after completion of construction and before final payment to the
ENGINEER. ENGINEER will title these files "Record Drawings".
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If construction services are not part of the ENGINEER'S work, he will deliver
electronic MICROSTATION files to the VILLAGE upon request and before final
payment to the ENGINEER.
j. Access to Records
The ENGINEER shall maintain all books, documents, papers, accounting records
and other evidence pertaining to his costs incurred by reason of this Agreement and
agrees to make such material available, at his office at the address indicated in
Section 5, Paragraph a of this Agreement, at all reasonable times during the life of
this Agreement and for a period of three(3) years from the date of final payment of
the obligations of this Agreement by the VILLAGE or such longer time as
requested by the VILLAGE, for inspection by personnel of the VILLAGE, or any
authorized representative of the VILLAGE, and copies thereof shall be furnished if
requested. The cost of any copies shall be paid by the VILLAGE.
k. Reuse of Documents
All documents, including drawings and specifications furnished by ENGINEER
pursuant to this Agreement, are intended for use on the PROJECTS only. They
should not be used or modified by VILLAGE or others on extensions of the
PROJECTS or any other project without specific written verification or adaptation
by ENGINEER. Any reuse or modification without written verification or
adaptation by ENGINEER shall be at VILLAGE'S sole risk.
1. Indemnification
ENGINEER agrees to indemnify,hold harmless, and defend (or pay the VILLAGE
for the costs of defense if the Village so desires in its sole discretion)the VILLAGE
and any of its officers, employees, or agents from and against all liability, claims,
demands, and causes of action arising out of or related to any loss, damage, injury,
death, or loss or damage to property resulting from any negligence, errors or
omissions by the ENGINEER in the performance of this Agreement.
In the event of joint or concurrent negligence of ENGINEER and VILLAGE, each
shall bear that portion of the loss or expense that its share of the joint or concurrent
negligence bears to the total negligence (including that of third parties) which
caused the personal injury or property damage.
in. Entire Agreement
This Agreement sets forth all the covenants, conditions and promises between the
parties. There are no covenants, promises, agreements, conditions or
understandings between the parties, either oral or written, other than those
contained in this Agreement.
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n. Governing Law
The laws of the State of Illinois as to both interpretation and performance shall
govern this Agreement.
o. Successors and Assigns
The terms of this Agreement shall be binding upon and inure to the benefit of the
parties and their respective successors and assigns; provided,however,that neither
party shall assign this Agreement in whole or in part without the proper written
approval of the other.
P. Waiver of Contract Breach
The waiver of one party of any breach of this Agreement or the failure of one party
to enforce at any time, or for any period of time, any of the provisions hereof, shall
be limited to the particular instance, shall not operate or be deemed to waive any
future breaches of this Agreement, and shall not be construed to be a waiver of any
provision, except for the particular instance.
q. Severability of Invalid Provisions
If any provisions of this Agreement shall be held to contravene or be invalid under
the laws of any particular State, County or jurisdiction where used, such
contravention shall not invalidate the entire Agreement,but it shall be construed as
if not containing the particular provision or provisions held to be invalid in the
particular State, County or jurisdiction and the rights or obligations of the parties
hereto shall be construed and enforced accordingly.
r. Force Majeure
Neither VILLAGE nor ENGINEER shall be liable for any fault or delay caused by
any contingency beyond their control, including, but not limited to, acts of God,
wars, strikes, walkouts, fires, or natural calamities.
S. Access and Permits
VILLAGE shall arrange for ENGINEER to enter upon public and private property
and shall obtain all necessary approvals and permits required from all governmental
authorities having jurisdiction over the PROJECTS.
t. Designation of Authorized Representatives
Each party shall designate one or more persons to act with authority in its behalf in
respect to appropriate aspects of the PROJECTS. The persons designated shall
review and respond promptly to all communications received from the other party.
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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:
DIXON ENGINEERING, INC.
4811 South 76b Street
Suite 109
Greenfield, WI 53220
Attn: Joseph T. Hoban, 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: Rick Valent
Interim Director of Public Works
Notices personally delivered or sent via U.S. Mail, postage prepaid, shall be
deemed, for all purposes, proper notice.
V. Insurance
ENGINEER agrees to obtain and maintain, for the term of this Agreement, and for
a period of twelve(12)months after the services contracted for hereunder have been
completed, insurance hereinafter provided, furnishing a certificate or certificates of
insurance to the VILLAGE prior to commencing work under this Agreement. The
certificate or certificates of insurance shall be in a form satisfactory to the
VILLAGE from companies authorized to do business in Illinois and shall provide
that the policies referred to shall not be canceled or changed without first giving
thirty (30) days written notice thereof to the VILLAGE. Said insurance
requirements are attached as Appendix IV and made a part of this Agreement
('REQUIRED INSURANCE POLICIES").
The VILLAGE shall be named as an additional insured and a cancellation notice
recipient on all Required Insurance Policies.
W. Additional Services
ENGINEER shall supply such additional services as requested in writing by
VILLAGE and agreed to by ENGINEER in connection with the PROJECTS.
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 this Agreement by a written amendment.
ENGINEER shall supply such additional services as requested in writing by
VILLAGE and agreed to by ENGINEER in connection with the PROJECTS.
ENGINEER shall submit separate proposals 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 i through 1V, the provisions of this Agreement shall control.
IN WITNESS WHEREOF, the parties set their hands and seals on the date first written
above.
VILLAGE OF OAK BROOK ATTEST:
A Municipal Corporation
Village Clerk
DIXON ENGINEERING. INC. ATTEST:
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APPENDIX 1
SCOPE OF SERVICES
Per Proposal for Professional Engineering Inspection Services submitted by
Dixon Engineering, Inc., dates July 14, 2021
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APPENDIX II
COMPENSATION SCHEDULE
Per Proposal for Professional Engineering Inspection Services submitted by
Dixon Engineering, Inc., dates July 14, 2021
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APPENDIX III
TIME SCHEDULE
Per Proposal for Professional Engineering Inspection Services submitted by
Dixon Engineering, Inc., dates July 14, 2021
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DIXON
Suit 1 76th Street
Suite 109
Greenfield,WI 53220
ENGINEERING & INSPECTION SERVICES Telephone: (414)529-1859
FOR THE COATING INDUSTRY Fax: (414)282-7830
Proposal/Contract Agreement for Antennas
T-Mobile (CH55047E) Upgrade—Oak Brook, Illinois
Tower Drive Spheroid 13-22-24-03
The Proposal is between Dixon Engineering, Inc. (DIXON)and Oak Brook,Illinois (OWNER)
to contract with DIXON for technical services for T-Mobile(CONTRACTOR). This agreement
inclusive together with any expressly incorporated appendix or Schedule, constitutes the entire
agreement between Owner and Engineer and supersedes all prior written or oral understandings.
This Agreement may only be amended, supplemented,modified, or canceled by a duly executed
written instrument. This agreement includes pages 1 through 4 and Schedules A, B, and C.
1.01 Payment
DIXON shall provide, or cause to be provided, services detailed in Scope of Services and
OWNER agrees to pay DIXON as compensation for their services the (not to
exceed/lump sum) fee of Four Thousand Three Hundred dollars$4,300. Terms of
charges and payments per details in Schedule B. (Prices quoted are subject to change 90
days after proposal date, if not contracted.)
2.01 SCOPE OF SERVICES
Design Review,Attend a Precon Meeting, and Installation Inspections
3.01 SIGNATURES
Joseph T. Hoban, P.E. July 14, 2021
approved by an officer) PROPOSAL DATE
.: Wbo
C C OWNER POSITION Q DATE
CO SIGNATURE(if required) POSITION DATE
CONTRACT APPROVED by DIXON OFFICER EFFECTIVE CONTRACT DATE
1
Members: Society of Protective Coatings •American Water Works Association •Consulting
Engineers Council
4.01 ADDITIONAL SERVICES
A. If additional services are Requested and authorized by the OWNER which are not
within the proposed Scope of Services or because of changes in the Project, these
additional services will be on a time and material basis per fee schedule of attached
SCHEDULE C.
B. Delay by the Contractor in completing the work, which is the responsibility of the
Contractor and which extends the amount of time required for DIXON to complete
their work,will be charged as an Additional Service.
C. Failure by the Contractor to notify DIXON of the necessity to change inspection
dates more than twenty-four(24)hours in advance and which results in unnecessary
travel and/or expense to DIXON shall cause this travel and expense to be charged as
Additional Service.
D. Failure by the Contractor to Meet Specifications and/or to complete work prior to
requesting an inspection is considered a failed inspection. Services provided by
DIXON during or for a failed inspection include travel, inspector, and project
manager time will be charged as an Additional Service.
5.01 Termination
A. The obligation to provide further services under this Agreement may be terminated:
1. For cause,
a. By either party upon thirty (30)days written notice in the event of substantial
failure by the other party to perform in accordance with the Agreement's
terms through no fault of the terminating party. Agreement will not terminate
as a result of substantial failure under paragraph 5.0I I.A.La if the party
receiving such notice begins,within seven(7)days of receipt of such notice,
to correct its failure and proceeds diligently to cure such failure within no
more than thirty (30) days of receipt of notice; provided, however, that if and
to the extent such substantial failure cannot be reasonably cured within such
thirty (30) day period, and if such party has diligently attempted to cure the
same and thereafter continues diligently to cure the same,then the cure period
provided for herein shall extend up to, but in no case more than, sixty(60)
days after the date of receipt of the notice.
b. By DIXON upon seven days written notice:
1) If Owner fails to pay invoices by 60 days.
2) Upon seven(7)days written notice if the DIXON's services for the Project
are delayed or suspended for more than ninety (90) days for reasons
beyond DIXON's control.
3) If DIXON believes that Engineer is being requested by Owner to furnish
or perform services contrary to engineer's responsibilities as a licensed
professional.
4) DIXON shall have no liability to Owner on account of such termination.
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2. For Convenience,
a. By OWNER effective upon the receipt of notice by DIXON.
B. The terminating party may set the effective date of termination at a time up to thirty
(30) days later to allow Engineer to demobilize personnel and equipment from the
Project site, to complete tasks whose value would otherwise be lost,to prepare notes
as to the status of completed and uncompleted tasks, and to assemble Project
materials in orderly files.
6.01 Controlling Law
A. This Agreement is to be governed by the law of the state in which the Project is
located.
7.01 Successors,Assigns, and Beneficiaries
A. OWNER and DIXON and their successors are hereby bound to successors and legal
representatives of the other to the extent permitted by law in respect of all covenants,
agreements, and obligations of this Agreement.
B. Neither OWNER nor DIXON may assign, sublet, or transfer any rights under or
interest(including,but without limitation,moneys that are due or may become due)
in this Agreement.
8.01 General Considerations
A. The Standard of Care for all professional engineering and related services
performed or furnished by DIXON under this Agreement will be the care and skill
ordinarily used by members of the subject profession practicing under similar
circumstances at the same time and in the same locality. DIXON makes no
warranties, expressed or implied, under this Agreement or otherwise, in connection
with DIXON's services. DIXON and its consultants may use or rely upon the design
services of others, including, but not limited to, contractors,manufacturers, and
suppliers.
B. DIXON shall Not at any time Supervise, direct, or have control over any of the
Contractor's work, nor shall DIXON have authority over or responsibility for the
means, methods, techniques, sequences, or procedures of construction selected or
used by any contractor, for safety precautions and programs incident to contractor's
work progress, nor for any failure of any contractor to comply with laws and
regulations applicable to contractor's work.
C. Engineer does not guarantee the performance of any contractor and does Not Assume
Responsibility for any contractor's failure to furnish and perform its work in
accordance with the contract between Owner and such contractor.
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D. Engineer shall Not be Responsible For the acts or Omissions of any Contractor,
subcontractor, or supplier, or of any contractor's agents or employees or any other
persons (except Engineer's own employees) at the Project site or otherwise furnishing
or performing any of the construction work; or for any decision made on
interpretations or clarifications of the construction contract given by Owner without
consultation and advice of Engineer.
E. The General Conditions for any construction contract documents prepared
hereunder are to be the "Standard General Conditions of the Construction Contract"
as prepared by the Engineers Joint Contract Documents Committee (No. C-700, 2007
Edition) or equally protective document provided by Owner.
F. All Design Documents prepared or furnished by DIXON are instruments of service,
and DIXON retains an ownership and property interest(including the copyright and
the right of reuse) in such documents,whether or not the Project is completed.
G. DIXON agrees to Indemnify, hold harmless, and defend (or pay the Owner for the
costs of defense if the Owner so desires in its sole discretion) the Owner 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 DIXON
in the performance of this Agreement.
In the event of joint or concurrent negligence of DIXON and Owner, 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.
H. The parties acknowledge that DIXON's scope of services does not include any
services related to a Hazardous Environmental Condition (the presence of
asbestos, PCBs,petroleum,hazardous substances or waste, and radioactive materials).
DIXON acknowledges that some hazardous metals may be encountered in coatings.
I. DIXON 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 Owner prior to commencing work under this Agreement. The
certificate or certificates of insurance shall be in a form satisfactory to the Owner
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 Owner. Said insurance requirements are attached as
Appendix I and made a part of this Agreement ("REQUIRED INSURANCE
POLICIES").
The Owner shall be named as an additional insured and a cancellation notice recipient
on all Required Insurance Policies.
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8.02 Severability
A. If any clause or paragraph or sentence is found to be in opposition to any law in the state
of the Project,that clause or paragraph or sentence may be severed from the
Agreement with no effect on remaining clauses.
8.03 Headings
A. Article and paragraph headings are inserted for convenience only and do not
constitute parts of these General Conditions. Words in the first sentence are in bold
to act as secondary headings and should not be interpreted any different than a
numbered heading.
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APPENDIX I
Insurance
Engineer shall maintain for the term of this Agreement, and for a period of twelve months
after the services is contracted for hereunder have been completed, insurance policies covering:
1. Workers Compensation: Statutory.
2. Employers Liability Insurance:
$1,000,000 injury-per occurrence
$500,000 disease-per employee
$1,000,000 disease-policy limit
Such insurance shall evidence that coverage applies in the State of Illinois.
3. Comprehensive General Liability Insurance:
$2,000,000 per occurrence combined single limit. Coverages shall include Broad
Form Property Damage Endorsements and Blanket Contractual Liability (must
expressly cover the indemnity provisions of the Agreement).
4. Comprehensive Automobile Liability Insurance:
$1,000,000 combined single limit, any auto.
5. Professional Liability Insurance (errors and omissions):
$1,000,000 per claim and $2,000,000 in aggregate.
6. Umbrella or excess liability:
The required coverages may be in any combination of primary, excess, and
umbrella policies. Any excess or umbrella policy must provide excess coverage
over underlying insurance on a following-form basis such that when any loss
covered by the primary policy exceeds the limits under the primary policy,the
excess or umbrella policy becomes effective to cover such loss.
7. Engineer will provide the Village with a certificate of insurance and additional
insured endorsement showing the Village added to the General Liability Insurance
as an additional insured.
8. Coverage shall not be suspended, voided, canceled, or reduced except after thirty
(30) days prior written notice by certified mail has been given to the Village. If a
standard Certificate of Insurance form is used with a cancellation clause, the
words "endeavor to" and "but failure to mail such notice shall impose no
obligation or liability of any kind upon the company, its agents or representatives"
will be stricken or crossed out.
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SCHEDULE A
T-Mobile (CH55047E) Upgrade—Oak Brook, Illinois
Tower Drive Spheroid 13-22-24-03
I. Design Drawings and Structural Calculations Review:
a. Staff Engineer to review designs created by others. No calculations or
Professional Engineering seal are included.
II. Site Work for:
a. Attend and participate in a Preconstruction Meeting.
b. Perform Installation Inspections as the project progresses and a final post
inspection to compare with design criteria. These inspections include a letter
report and photographs.
7
SCHEDULE B
T-Mobile (CH55047E) Upgrade—Oak Brook, Illinois
Tower Drive Spheroid 13-22-24-03
I. PAYMENT
a. When service is rendered Owner shall pay DIXON the following line item prices:
i. Schedule A, Item I, Design Drawings and Structural Calculations Review,
the lump sum of$1,250.
b. Owner shall pay DIXON the following line items times the number of units used:
i. Schedule A, Item II
1. (1) Preconstruction Meeting $950 per meeting
2. (2) Installation Inspections $1,050 per inspection($2,100 Total)
II. INVOICES
a. Invoices will be compiled monthly.
b. All DIXON services that are outstanding more than thirty (30) days from date of
issue shall be assessed(DIXON's favor) one and a half percent(1.5%)per month
interest starting from 30 days after date of issue.
8
Attachment C
Employee Billable Rates and Terms
Antennas
Labor Class Per Hour Overtime Rate*
Principal $265.00
Project Manager $160.00 $240.00
Engineer $165.00 $248.00
CWI Welding RPR $175.00 $262.00
DIXON Level 3 or NACE certified Level 3 RPR $110.00-$145.00 $165.00-$217.00
DIXON Level 2 or NACE Level 2 RPR $96.00-$122.00 $144.00-$183.00
DIXON Level 1 or NACE Level 1 RPR $90.00-$100.00 $135.00-$150.00
Contract Support Staff $115.00-$140.00 $173.00-$210.00
Expenses Metropolitan Out-State
Mileage $0.75/mile+tolls $0.65/mile
Lodging $130.00 per diem $120.00 per diem
Meals $49.00 per diem $45.00 per diem
FEES EFFECTIVE THROUGH: December 31,2021 (Revised:8/6/2020)
9
APPENDIX IV
Insurance
Engineer shall maintain for the term of this Agreement, and for a period of twelve months
after the services is contracted for hereunder have been completed, insurance policies covering:
1. Workers Compensation: Statutory.
2. Employers Liability Insurance:
$1,000,000 injury-per occurrence
$500,000 disease-per employee
$1,000,000 disease-policy limit
Such insurance shall evidence that coverage applies in the State of Illinois.
3. Comprehensive General Liability Insurance:
$2,000,000 per occurrence combined single limit. Coverages shall include Broad
Form Property Damage Endorsements and Blanket Contractual Liability(must
expressly cover the indemnity provisions of the Agreement).
4. Comprehensive Automobile Liability Insurance:
$1,000,000 combined single limit, any auto.
5. Professional Liability Insurance (errors and omissions):
$1,000,000 per claim and $2,000,000 in aggregate.
6. Umbrella or excess liability:
The required coverages may be in any combination of primary, excess, and
umbrella policies. Any excess or umbrella policy must provide excess coverage
over underlying insurance on a following-form basis such that when any loss
covered by the primary policy exceeds the limits under the primary policy, the
excess or umbrella policy becomes effective to cover such loss.
7. Engineer will provide the Village with a certificate of insurance and additional
insured endorsement showing the Village added to the General Liability Insurance
as an additional insured.
8. Coverage shall not be suspended, voided, canceled, or reduced except after thirty
(30) days prior written notice by certified mail has been given to the Village. If a
standard Certificate of Insurance form is used with a cancellation clause,the words
"endeavor to" and "but failure to mail such notice shall impose no obligation or
liability of any kind upon the company, its agents or representatives" will be
stricken or crossed out.
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