Loading...
R-03-13 Approving Preliminary Engineering Services Agreement for Illinois St Imprv3 i3 RESOLUTION RESOLUTION APPROVING PRELIMINARY ENGINEERING SERVICES AGREEMENT FOR ILLINOIS STREET (FROM STATE STREET TO MAIN STREET) IMPROVEMENTS PROJECT WHEREAS, the Village of Lemont requires Design Engineering services related to Illinois Street, from State Street to Main Street; WHEREAS, the Village of Lemont desires to enter into an Preliminary Engineering Services Agreement for Federal Participation with Frank Novotny & Associates, Inc.; WHEREAS, the Village Board has authorized the Village President to sign the Preliminary Engineering Services Agreement for Federal Participation. NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees that the agreements attached hereto as Exhibit A is hereby approved. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DuPAGE, ILLINOIS, on this 28th day of January, 2013. Debby Blatzer Paul Chialdikas Clifford Miklos Rick Sniegowski Ronald Stapleton Jeanette Virgilio AYES NAYS ll V Approved by me this 28th day of January, 2013. Attest: CHARLENE SMOLLEN, Village Clerk Approved as to form: Date: PASSED ABSENT CHARLENE SMOLLEN, Village Clerk BR!PM K. REAVES, Village Daniel P. Blondin, Village Attorney Local Agency Village of Lemont L Illinois Deparbirient Consultant Frank Novotny & Associates, Inc. C of Transportation C O County Address Cook N S 825 Midway Drive Section L City A Preliminary Engineering � Willowbrook Project No. State Services Agreement T Illinois Ca Job No. For Zip Code D-91-118-12 E N Federal Participation A 60527 e/Phone-mail Address Contact Nam /E N Contact Name/Phone /E -mail Address Ben Wehmeier 630 - 257 -1509 C T James L. Cainkar, PE, PLS bwehmeier @lemont.il.us Y 630 - 887 -8640 imcainkar frankn--------- - ineerin .corn THIS AGREEMENT is made and entered into this 'L b day of '�Y TW NJ.k 0-ti 1 2013 between the above Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering dervioes in connection with the PROJECT. Federal -aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of Transportation (STATE) will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS. Project Description Name Illinois Street Route FAU 1065 Length 0.64mile Structure No. N/A Termini State Street (FAU 2612) to Main Street (FAU 3587) Description Phase II Preliminary Engineering for Curb and gutter removal and replacement, sidewalk removal and replacement, HMA surface removal (variable depth), HMA patching, HMA Binder and Surface installation, ADA accommodation, storm sewer installation, landscaping, striping and all restoration needed for a complete project. Agreement Provisions 1. THE ENGINEER AGREES, To perform or be responsible for the performance, in accordance with STATE approved design standards and policies, of engineering services for the LA for the proposed improvement herein described. 2. To attend any and all meetings and visit the site of the proposed improvement at any reasonable time when requested by representatives of the LA or STATE. 3. To complete the services herein described within 300 calendar days from the date of the Notice to Proceed from the LA. excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER. 4. The classifications of the employees used in the work should be consistent with the employee classifications and estimated man - hours shown in EXHIBIT A. If higher - salaried personnel of the firm, including the Principal Engineer, perform services that are indicated in Exhibit A to be performed by lesser - salaried personnel, the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 5. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable for the PROJECT; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services enumerated herein. 6. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from the ENGINEER's errors, omissions or negligent acts without additional compensation. Acceptance of work by the STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or for clarification of any ambiguities. That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the ENGINEER and will affix the ENGINEER's professional seal when such seal is required by law. Plans for structures to be built as a part of the improvement will be prepared under the supervision of a registered structural engineer and will affix structural engineer seal when such seal is required by law. It will be the ENGINEER's responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the STATE. 8. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LA. Page 1 of 7 BLR 05610 (Rev. 9/06) Printed on 12/28/2012 7:41:27 AM II. THE LA AGREES, 9. The undersigned certifies neither the ENGINEER nor I have: a. employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other than a bona fide employee working solely for me or the above ENGINEER) to solicit or secure this AGREEMENT, b. agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c. paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT. d. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, e. have not within a three -year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property, f. are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (e) and g. have not within a three -year period preceding this AGREEMENT had one or more public transactions (Federal, State or local) terminated for cause or default. 10. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA. 11. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 12. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the project (Exhibit B). 13. Scope of Services to be provided by the ENGINEER: ® Make such detailed surveys as are necessary for the planning and design of the PROJECT. ❑ Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and flood flow histories. ❑ Prepare applications for U.S. Army Corps of Engineers Permit, Illinois Department of Natural Resources Office of Water Resources Permit and Illinois Environmental Protection Agency Section 404 Water Quality Certification. ❑ Design and/or approve cofferdams and superstructure shop drawings. ❑ Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or culvert types and high water effects on roadway overflows and bridge approaches). ❑ Prepare the necessary environmental and planning documents including the Project Development Report, Environmental Class of Action Determination or Environmental Assessment, State Clearinghouse, Substate Clearinghouse and all necessary environmental clearances. ® Make such soil surveys or subsurface investigations including borings and soil profiles as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations to be made in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal -Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE. ❑ Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation. ® Prepare preliminary roadway and drainage structure plans and meet with representatives of the LA and STATE at the site of the improvement for review of plans prior to the establishment of final vertical and horizontal alignment, location and size of drainage structures, and compliance with applicable design requirements and policies. ❑ Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. ® Complete the general and detailed plans, special provisions and estimate of cost. Contract plans shall be prepared in accordance with the guidelines contained in the Bureau of Local Roads and Streets manual. The special provisions and detailed estimate of cost shall be furnished in quadruplicate. ❑ Furnish the LA with survey and drafts in quadruplicate all necessary right -of -way dedications, construction easements and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. Page 2 of 7 BLR 05610 (Rev. 9/06) Printed on 12/26/2012 7:41:27 AM 3. That all reports, plans, estimates and special provisions furnished by the ENGINEER shall be in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal -Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that all such furnished documents shall be approved by the LA and the STATE before final acceptance. During the performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 4. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without written consent of the LA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this agreement. 5. To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the STATE; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 6. The payment by the LA in accordance with numbered paragraph 3 of Section II will be considered payment in full for all services rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT. 7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and /or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LA, the STATE, and their officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. 8. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all drawings, plats, surveys, reports, permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LA. The LA will be responsible for reimbursement of all eligible expenses to date of the written notice of termination. 9. This certification is required by the Drug Free Workplace Act (301LCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of a contract or grant and debarment of the contracting or grant opportunities with the State for at least one (1) year but no more than five (5) years. For the purpose of this certification, "grantee" or "contractor means a corporation, partnership or other entity with twenty-five (25) or more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific performance under a contract or grant of $5,000 or more from the State, as defined in the Act. The contractor /grantee certifies and agrees that it will provide a drug free workplace by: a. Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will: (a) abide by the terms of the statement; and (b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. b. Establishing a drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's or contractor's policy of maintaining a drug free workplace; (3) Any available drug counseling, rehabilitation and employee assistance program; and (4) The penalties that may be imposed upon an employee for drug violations. c. Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. d. Notifying the contracting or granting agency within ten (10) days after receiving notice under part (B) of paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction. e. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, f. Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in place. g. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. Page 4 of 7 BLR 05610 (Rev. 9/06) Printed on 122a/2012 7:41:27 AM 10. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the LA deems appropriate. Agreement Summary Sub - Consultants: TIN Number Agreement Amount Seeco Consultants Inc. 36- 3458492 $10,590.00 Engineering Resource Assoc. Inc. 36- 3686466 $20,650.00 Sub - Consultant Total: $31,240.00 Prime Consultant Total: $118,756.00 Total for all Work: $149,996.00 Executed by the LA: ATTEST Charlene M. Smollen (SEAL) Executed by the ENGINEER: ATTEST: By: Title: John E. Fitzgerald, Secretary Page 5 of 7 Printed on 12/2812012 7:41:27 AM Clerk Village of Lemont (Municipaslyrromship/County) Title: Brian K. Reaves, Village President Frank Novotny o ' �Inc. By: Title: James L. Cainkar, President BLR 05610 (Rev. 9/06) m d m c W Ell O C_ E_ G CL` a a s x w N F O R ° O L_ p� 3 � � w°o o r o C 0 O m O U L C 0 O T � > U =�0 CL O 'x @ L m n G E? m ODU W O H w 0 a` N w q nOU U S v 2 0 a N L" v 0 ZO m y d .. A T O !� d N E N W N LE 0 O 0 C d E m W 0 m i 0 co J m Q N r N N r " c 0 0 m� m as 00 coo =�0 J 00 w O: + + + ZF J J 0 0 0 0 C z r r r 0 ❑®❑❑❑ J CC i 0 0 a 0 N OCOr ) n O oD c LO (O ca O O 00 0 r Nh CD 0 W O� C N N N O N n LL LL LL LL U O X X X N U LL LL LL iM N `p N N N j O) o 7 7 U FL V V O .L- N N 0 d E o °-j v) a ° N 2000V)J O 0 0 0. W O H w 0 a` N w q nOU U S v 2 0 a N L" v 0 ZO m y d .. A T O !� d N E N W N LE 0 O 0 C d E m W 0 m i 0 co J m Q N r N N r " c 0 0 m� m as O 9k v 0 IL r A � N 0 IL W Q 2 O y w Q U � 2 H - W to ~ Q N O Q F-0U M a y y =�a LU C`n Y y H c q z O E C O M mJ Z 7 y O y Z N , m Z Q q 'O O C =_ C V LL % - N F w Iii O Q C S a a u n C C 0 U Q LL w J a 0 O U Q O N r m m w b y z 0 Z Q w m p LL i U Z F LL ui0w�00 D 00=)coa O wC00 C y m L),r i y W U wW y 0 O O F- a U y 0 w y d m IL N (1 L m Q m y O 0 U Q N c m w v 0 v 3 m tq U c 0 �y U 0 °m K m c c w P o m n r m m rn w r o w LL Z Q N n 4J O m OI r7 O Q m p O O O � w O a pp P t0 n O � N P N tp C6 V7 M P n P C7 O _ th O O O r N - r th e 0 w w q w q q q w w w w W y N W p >m=a N O m W 0 O y w w q H N VAp. y 1D f0 t7 t'l aO t'1 N DOj O P lh Nl N V7 m A Ol t7 p C P °' F r N �W n O P 0 O N N LL th W 0 O y V) N m O y w w w w M w q q w w w K O w = O U Z w w l0�1_ ONi n A N yOj Z Z W P m Q a Z r p N y N A N c7 LL W O m q w q q w w w q w w w J H O M OA r W n h A m N 0 j CAD A Ol n N O N m O) N w O o U N N a v CL w q w w w q w w w w w J O N W Q r O A Y n N W UQ' F m m �O a tCl y N N M Q t7 N SAO ¢S Q LL q q q M w w q q w w C N r O M 0 W fOD r < W y 2 0 O U Q Z = 3 a C T y m c F0 m .6 C 2 O c O °c w c '2 8 U m N c q 0 O L d A m O W U QI i:1 N W O M U t U U g) d. c W O - >. o. W W O F d N O U m 0 WO Z r N 7 P 0 O A CD W F i y W U wW y 0 O O F- a U y 0 w y d m IL N (1 L m Q m y O 0 U Q N c m w v 0 v 3 m tq U c 0 �y U 0 °m K m c c w } ( \ §08 (§ \} m it ( IL: kX ■!! }�`� »§ /] «o; =, Lii ) } )0 CD / // {§ ( Lii w % })}( / LU ( W , C , LU ) / /ƒ g a e S e e / ! } \ ,ƒ m ¢ \\ . 75 Q / a e S ) } ) _ « �0 (0 . a } \) ) j / } } j ) \ } 6 § \} \ ( ) § - j� $ § } § } / 5 2§\ 5 w w z } / ® ` a \ ) j \ § ) ( m E / 7 § \ §� »/ §/ a[ \\ \\ ? #)m ))0§ >0 s »os:, F- 0 e § 2 )7 \3 \ \ \ \/ \ m ° °k 3 ))§( [ co } ) , ; a (\ ° ( e , § _ \ } !0 } a a 2 ) § _ , cm 4 ,) § (\ , Ky )j ) j j } } j \ \ ! ! \\ ƒ ( j } § §( \ \ \ ( j ; 2 ° ) § ( C) y W \ k ) / j ( \ ( ) \ E E o , , e co r _m x x w N � N 0 v d d d m O U Z LLi W F- 0 N �a W ed r Y a Z F- 0 U > W 0 z K Y CL Z .5 >a D C ry O = z E W F J N N W Z m o > 0.- c F- W W o' a K 2 CL a U) af O O N FD- 7 0 Z ¢ rn rn p LL Z r LL ui O LLI O r H -, Z O w of m }a} X U a F fD fDa� rn w w r a w o o m w v m o m - < m 3 U3 r C E U Q O o 0 Q o N m a 0 w Of o ° a m v w O o n ? o m m v v r m" m Q 3 � C W N U F Q a 0 w fr LU d O n m m � � n E 2 " W w r o U U F a o o 00 Q � N a } } o a v o rn m N N .- 2 U Z z ¢ r Z w a W w r Z Q U ¢ 4 J O U LL C7 — W U 2 Q rn O d U z = Q W w r U (f Q } w g ' 2 Z c� w Z 2 Z Q d U a U Z w } U W 2 U U w C7 Z J O > r r S < EE O a Z h IE D U U U LLI W U U F Q fD fDa� rn w 0 § A LU \ ,/ [/ )\ J{ \} ) )zE- ■!a 2d00»z 2a »o =a b . CL co CL CL D � 22#/ z \\ // \ m ° °Z w ))§( EL § _ \ § _ / 2 ® § - / w § ® F � ® e$ § © ; !/ 0 § @ r A § § u7 z / §) § k ° k k § \ ) z § ( } o k ° F- f § / ( o W O LU ` W Z / \ E m \ § § \ ) \ q�j J Illinois Department of Transportation Prime Consultant Name Address Telephone TIN Number Project Information Local Agency Section Number Project Number Job Number Exhibit B Frank Novotny & Assoc., Inc. 825 Midway Drive Willowbrook II. 60527 630 - 887 -8640 36- 2728920 Village of Lemont 11- 00049 -00 -RS M- 9003(880) D 91- 118 -12 Engineering Payment Report This form is to verify the amount paid to the Sub - consultant on the above captioned contract. Under penalty of law for perjury or falsification, the undersigned certifies that work was executed by the Sub-consultant for the amount listed below. Resourc TIN Sub - Consultant Total: Prime Consultant Total: Total for all Work from Date Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as concurring with the payment amount specified above. Page 7 of 7 BLR 05610 (Rev. 9106) Printed on 12128/2012 7:41:27 AM Illinois Street Rehabilitation Section 11- 00049 -00 -RS Project M- 9003(880) Job D -91- 118 -12 SCHEDULE February 2013 -Phase 2 Engineering Agreement Approval March, 2013 — Survey April to September, 2013 — Design October, 2013 — Phase 2 Engineering Complete January, 2014 - Target Letting Village of Faith Village of Lemont 418 Main Street • Lemont, Illinois 60439 December 10, 2012 Mayor Brian K. Reaves "'ivage Clerk Charlene M. Smollen Mr. John Fortmann, P.E. Trustees Acting Deputy Director of Highways Debby Blatzer Paul Chialdikas Region One Engineer Clifford Miklos Illinois Department of Transportation Rick Sniegowski Division of Highways /District 1 Ronald Stapleton Jeanette Virgilio 201 West Center Court Schaumburg, IL 60196 -1096 Administrator Benjamin P. Wehmeier Re: Illinois Street Rehabilitation Section No.: 11- 00049 -00 -RS Project No.: M- 9003(880) Administration Job No.: D -91- 118 -12 - phone(630) 257 -1590 fax l630) 243 -0958 Dear Mr. Fortmann: Building Department phone(630)257 -1580 Please be advised that the Village of Lemont has selected Frank Novotny & fax(630)257 -1598 Associates, Inc. to perform engineering services for the above - captioned Planning & Economic improvement. Their office has performed engineering services on various portions of Development this project, and is very familiar with all of the aspects dealing with its construction. phone(630)257 -1595 fax (630) 257 -1598 We have the utmost confidence in their ability to perform the design engineering and, therefore, propose to engage their services for this task. Engineering Department phone fax (630) 257 -2532 fax (630) 257 -3068 If you have an questions regarding the above, lease do not hesitate to call. Y Y Q 9 9 P Finance Department Very truly yours, phone(630)257 -1550 fax (630) 257 -1598 VILLAGE OF LEMONT Police Department 14600 127th Street Ben Wehmeier, Village Administrator phone(630)257 -2229 fax (630) 257 -5087 BW /tk Public works cc: Mr. James L. Cainkar, P.E. P.L.S., Frank Novotny & Associates, Inc. 16680 New Avenue File No. 10041 phone(630)257 -2532 fax (630) 257 -3068 www.lemont.il.us Construction Monitoring & Observations Construction Materials Testing Tunnels and Underground Openings SEECO Consultants Inc. Geotechnical Engineering & Evaluation CONSULTING ENGINEERS November 8, 2012 Mr. James L. Cainkar, P.E. Frank Novotny & Associates, Inc. 825 Midwav Drive Willowbrook, Illinois 60521 Subsurface Explorations Foundation Analysis & Design Structural Rehabilitation Condition Surveys Dams and Drainage Studies PROPOSAL AND CONTRACT Subsurface Exploration, Laboratory Testing and Geotechnical Engineering and Analysis for the Proposed Illinois Street Storm Sewer Improvements Lemont, IL Sec. No. 11- 00049 -00 -RS Dear Mr. Cainkar: Pursuant to your request, SEECO Consultants, Inc. is pleased to present our proposal for the above referenced project. In preparing our proposal, we have reviewed pertinent information and have visited the site. The proposal has been based upon your criteria. The scope of work SEECO is prepared to undertake is as follows: Perform 13 soil borings to nominal depths of 10' below existing surface (anticipated top of apparent bedrock). The borings will be located in general accordance with the site plans provided and may be offset as required to facilitate access. Borehole depths will be to stated depths or auger /spoon refusal, (apparent bedrock), whichever is achieved first. The existing pavement will be cored prior to drilling and sampling. One flag person is anticipated and elevations will be interpolated from the plans provided to us. The resulting geotechnical soil samples will be returned to SEECO's laboratory for further testing and analysis. Visual classification, moisture content, and unconfined compressive strength will be performed on all samples. Upon completion of the field exploration and laboratory testing a written Geotechnical Report will be prepared under the direction of a Registered Professional Engineer of Illinois. The report will encompass the subsurface soil conditions, laboratory data, encountered groundwater elevations, existing pavement cross sections, depth to apparent bedrock, if encountered and general construction considerations. Recommendations regarding installation of the storm sewer will be provided. Pavement replacement/patch and overlay recommendations will be provided also. Boring logs will be prepared in lieu of profile drawings. JULIE will be contacted. SEECO is not responsible for mismarked or unmarked utilities. It is not anticipated that this report will be subject to IDOT review. The estimated costs for these services are $10,590.00. Invoicing terms are net due 30 days from date of invoice. Additional drilling and sampling, if required due to soil conditions will be charged at $30.00 /lin.ft. Approval will be obtained prior to initiating additional work, if any. (708) 429 - 1666.7350 Duvan Drive • Tinley Park, IL 60477 • FAX: (708) 429 -1689 VAW SP -eco. com PROPOSAL AND CONTRACT Subsurface Exploration, Laboratory Testing and November 8, 2012 Geotechnical Engineering and Analysis for the Page 2 Proposed Illinois Street Storm Sewer Improvements, Lemont, IL Sec. No. 11- 00049 -00 -RS We will proceed with the work as outlined after we receive a signed copy of this proposal. It should be noted that the attached General Conditions are an integral part of our contract for professional services and that by signing and dating this proposal, it is represented that you have read this proposal and the attachments in their entirety and accept the terms and conditions set forth. Assumes all drilling locations will be accessible to a truck mounted drill rig. If there are any questions with regard to this proposal, I would be glad to discuss them with you. We are very interested in providing you with our services on this project and assure you of our utmost cooperation. APPROVED: Name of Firm AUU OdZed Signature Date Please sign one copy and return it to our office and retain one copy for your files. DCC:arm Attachment O:Wmposais%GEOTECHWovotny- 110812.doc Respectfully submitted, SEECO Consultants, Inc. Donald C. Cassier Director of Field Services Collin W. Gray, S..E., P.E. President SEECO Consultants Inc. - General Conditions -11no Scope of Work SEECO Consultants Inc. (hereinafter called SEECO) shall perform the services defined in this contract and shall invoice the Client for those services at the stated amount or standard rates shown on the attached fee schedule. The estimate of cost to the Client as stated in this contract shall not be considered as a firth figure, but only an estimate unless otherwise specifically stated in this contract. SEECO will provide additional services under this contract as requested by the Client and invoice the Client for those additional services at the standard rates, as quoted. Contract does not include the provision for prevailing wage rates unless otherwise stated. Acceptance of services proposed herewith - prior to contract execution- implies and constitutes acceptance of rates and conditions set forth in this contract unless explicitly agreed upon mutually in writing prior to inception of services. Soil Boring Locations It is understood that the Client will furnish SEECO with a diagram indicating both the location of the she and the borings on that site. SEECO reserves the right to deviate a reasonable distance from the boring location specified unless this right is specifically revoked by the Client in writing at the time the location diagram is supplied. SEECO reserves the right to terminate this contract if conditions preventing the drilling at the specified locations are encountered which were not made known to SEECO prior to the date of this contract. SEECO will contact the underground utility locate network responsible in the locale being drilled. However, SEECO is not responsible for damage to underground utilities that are not marked, located or mislocated /mismarked whether said utility is party to the locating network or not Client is responsible for locating proprietary utilities and/or underground structures and appurtenances. SEECO will backfill the boreholes with soil cuttings and match the surface to existing conditions, unless otherwise stated in the contract. SEECO is not responsible to maintain boreholes beyond initial backfilling, for any repair of settled backfill, or any costs associated with potential borehole settlement, including reparations or personal injury beyond our active on site exploration time. Construction Observation and Testing Unless otherwise stated in contract, field personnel charges are subject to an eight hour minimum, including portal -to -portal travel time. Any cancellations onsite will incur said eight hour minimum. Cancellations after travel time has commenced will incur a minimum charge of 3 hours to the client Access to Sites Unless otherwise agreed, the Client will fumish SEECO with right -of- access to the site in order to conduct the planned investigation or inspection. SEECO will take responsible precautions to minimize damage to the site due to its operations, but has not included in the fee the cost of restoration of any damage resulting from the operations. This includes crop damage/restoration costs. If the Client desires, SEECO will restore any damage to the she and add the cost of restoration to the fee stated in the proposal contract. Samples/Reports All samples of soil and rock will be discarded 60 days after submission of the report unless the Client advises SEECO in writing to the contrary. SEECO will furnish three copies of each report to the client. Subcontracts /Assignments SEECO reserves the right to subcontract drilling and related support services to SEECO Environmental Services Inc. and construction inspection, observation and testing services to SEECO Construction Services, Inc. Subcontracting rights are not limited to stated services or entities. Client may not assign this contract without express written consent of SEECO. Invoices Invoices will be submitted once a month for services performed during the prior month. Payment will be due within 30 days of receipt of invoice unless otherwise stated in contract. Interest will be added to delinquent accounts at the rate of two percent per month for each month of delinquency. The billing rates as described in the contract may be increased on the annual anniversary of the effective date of this contract at an annual rate not to exceed 10 %. Any and all costs incurred in collecting delinquent invoices, including but not limited to legal fees, filing fees and costs, court costs, etc. will be added to the amount due. Liability SEECO is protected by Workman's Compensation Insurance (and/or employers liability insurance) and by public liability insurance for bodily injury (limit $1,000,000) and property damage (limit $1,000,000) and will furnish certificates of insurance upon request Within the limits of the insurance, SEECO agrees to save the Client harmless from loss, damage, injury or liability arising directly from the negligent acts or omissions of SEECO and its employees. If the Clients contract places greater responsibility upon SEECO or requires increased insurance coverage, SEECO will, if specifically directed by the Client, take out additional insurance, if obtainable, at the Client's expense, but will not be responsible for property damage from any causes, including fire and /or explosion beyond the limits of the insurance coverage. Limitation of Liability The Client recognizes the inherent risks connected with construction. In performing their professional services, SEECO will use that degree of pre and skill ordinarily exercised, under similar circumstances, by reputable members of their profession practicing in the same or similar locality. No other warranty, express or implied, is made or intended by the proposal for consulting services or by furnishing oral or written reports of the findings made. It is agreed that the Client will limit any and all liability, claim for damages, cost of defense, or expenses to be levied against SEECO on account of any design defect, error, omission, or professional negligence to a sum not to exceed $1,000.00. Further, the Client agrees to notify any contractor or subcontractor who may perform work in connection with any design, report or study prepared by SEECO of such limitation of liability for design defects, omissions, or professional negligence, and require as a condition precedent to their performing the work a like limitation of liability on their part as against SEECO. In the event the Client fails to obtain a like limitation of liability provision as to design defects, errors, omissions, or professional negligence, any liability of the Client and SEECO in such a manner that the aggregate liability for SEECO for such design defect to all parties, including the Client shall not exceed $1,000.00. Limitation of liability stated herewith is extended to include SEECO Construction Services, Inc. and SEECO Environmental Services, Inc., and any and all officers, shareholders, employees and /or agents of SEECO Consultants Inc., SEECO Construction Services, Inc., and/or SEECO Environmental Services, Inc. ENGINEERING RESOURCE ASSOCIATES, INC. Consulting Engineers, Scientists & Surveyors December 5, 2012 Mr. James L. Cainkar, PE, PLS Frank Novotny & Associates, Inc. 825 Midway Drive Willowbrook Drive 60527 SUBJECT: Proposal for Engineering Services Illinois Street Rehabilitation State Street to Main Street MFT Section No. 11- 00049 -00 -RS Dear Jim: In accordance with your request, Engineering Resource Associates, Inc. (ERA) is pleased to submit this proposal for engineering services for the subject project. The proposal has been prepared in accordance with your letter dated November 1, 2012, our recent phone conversation, a review of preliminary plans and topography and our experience on similar assignments. Frank Novotny & Associates, Inc. (FNA) has been retained by the Village of Lemont to provide engineering services for the reconstruction of Illinois Street from approximately State Street to Main Street a distance of approximately 3,000 feet. The project is being partially funded by IDOT, and therefore must be designed per IDOT standards and guidelines. FNA now desires to retain ERA to provide storm sewer system design services as subconsutants to FNA. The storm sewer design will need to conform to IDOT standards as provided in the IDOT Drainage Manual. It is our understanding that a formal IDOT Location Drainage Study will not be required as the roadway will be transferred to the Village of Lemont. Based upon the preliminary engineering plans provided, it appears that four drainage outlets exist. One outlet utilizes the downtown tunnel that has experienced past drainage issues. It is our understanding that this tunnel will not be evaluated or replaced as part of this project. It is also our understanding that the improvements will not impact the regulatory floodplains or wetlands, nor will any stormwater detention be required for the project. Scope of Services ERA will provide engineering services in accordance with the following work plan. Data Gathering — Acquire background data from various sources including: a. Preliminary proposed and existing conditions plans by FNA b. Cross sections showing existing and preliminary improvements and right of way limits from FNA Warremilb Geneva C6kago Chain al n 3s701 WWI Avenue, Sate 1M 501 WWI She S1reeL Sale 203 10 Soup, Ilive de Rau. Suite 1800 3002 Crmiing Caul Wen.Wl.. IL 60555 Geneva, IL 60130 Ctli p. IL 60605 Cnemp ,,-. IL 61822 T BN N3.3060 T 830.282.8659 T 312 683 0110 T 21 ].351.6268 F630.393.2152 F 630.262.8698 F 3124746099 F 217.355.1902 c. Topographic survey information from FNA d. One -foot or two-foot topographic contours from Cook County. e. Drainage and utility plans for adjacent improvements from FNA and the Village of Lemont f. Plans for adjacent improvements from FNA and Village of Lemont g. Drainage studies for adjacent developments from FNA and Village of Lemont h. Drainage studies for adjacent developments from FNA and the Village of Lemont i. Flood insurance mapping and reports from FEMA j. Aerial images from various sources 2. Existing Drainage Plan (EDP) a. Determine location, size and other data for existing pipes, culverts, ditches and outfalls from gathered information. b. Delineate tributary areas from contour mapping and existing conditions plans. c. Determine time of concentrations and "C" values from gathered information. d. Analyze existing flow volumes and velocities in existing pipes, culverts, ditches and outfalls and evaluate suitability for continued use and outlet sensitivity. Storm sewer flows will be analyzed using the Rational Method in accordance with IDOT procedures. For the purposes of this proposal, it is assumed that the existing outlets will be capable of accommodating proposed flows so that no detention storage or pipe oversizing will be required. e. Prepare EDP using RNA preliminary plans as a base. The EDP will show external areas draining to the right of way, sheet and concentrated flow entering the highway drainage system, drainage summits, drainage divides, existing drainage facilities, and outlets. The EDP will also show tributary areas and "C" values for each drainage area identified. f. The source and capacity basis analysis for the downtown tunnel will utilize previous studies. 3. Proposed Drainage Plan (PDP) a. Evaluate cross sections and preliminary plans to see if additional right of way or drainage easements may be needed. b. Evaluate proposed drainage alternatives to develop preferred improvements. It is our understanding stormwater detention is not required for this project. c. Delineate tributary areas from contour mapping and proposed conditions plans. d. Determine time of concentrations and "C" values from gathered information. e. Analyze proposed flow volumes and velocities in proposed storm sewers, ditches and culverts. Determine conformance with IDOT standards. Storm sewer flows will be analyzed using the Rational Method in accordance with IDOT procedures. f. Design inlet spacing in accordance with IDOT procedures. g. Prepare Proposed Drainage plan by marking proposed drainage facilities onto FNA proposed conditions plan and profile sheets. Final drafting for Phase II plans will be performed by FNA. h. The source and capacity basis analysis for the downtown tunnel will utilize previous studies. O ',,I , J': r,F_; it FF PL S F , . 3 f.r .,,1 5, 2!!12 4. Abbreviated LDS Report — ERA will prepare an abbreviated location drainage study report that includes an overall project summary, a summary of existing drainage conditions, and a summary of proposed drainage conditions. It will also include the EDP and PDP sheets and background calculations. For the purposes of this proposal, it is assumed that a hydraulic report and analysis will not be required for the downtown tunnel, just east of Lemont Street, nor any of the other connections to storm sewer along the project limits. It is assumed that none of the downstream culverts to which the proposed storm sewer will be connecting will need to be modified to accommodate the construction. Services Not Included Only services specifically described in this proposal are included in our scope of work. The following are specifically excluded, although they may be added as a contract amendment at a future date for an agreed additional fee: • Surveying • Permitting • Formal ]DOT LDS • Drafting — any modifications needed to the plans will be hand marked on the plans provided by FNA. • Construction Documents • Stormwater detention Design or Analysis • Right -of -way Acquisition Fees Fees for engineering services described in this revised proposal are proposed on a Cost -Plus, not to exceed basis using our 2012 IDOT approved overhead rate of 157.42 %. The total, not to exceed fee for this assignment is $20,650.27. A detailed cost estimate of consultant services summary is provided at the end of this proposal. We appreciate the opportunity to submit this proposal and trust that it meets with your approval. If acceptable, please sign the proposal where indicated below (Exhibit 1) and return one (1) copy for our files. Receipt of executed proposal along will serve as authorization to continue with the project to the full extent of the contract The attached General Terms and Conditions are expressly incorporated into and are an integral part of this proposal for engineering services. Respect' ubmitted, E EERIN CE ASS S, INC. r � Rodney A. Beadle, PE, CFM President O < , Y:,: i-n 3 rc'SC' sty . _ eh .;Li' ?p n ac• .e . Exh bit 1 Acceptance & Authorization Form — December 5, 2012 Proposal Illinois Street Rehabilitation Main Street to State Street Village of Lemont Frank Novotny & Associates, Inc. Authorized Signature Rodney A. Beadle, P.E, CFM , President Printed Name and Title Printed Name and Title 35701 West Avenue Date Suite 150 Warrenville, Illinois 60555 630- 393 -3060 t, 630393 -2152 f Please Provide Contact Information: Mailing Address: (please provide street address for UPS deliveries) Telephone & Facsimile Numbers: Email Address: INVOICES should be sent via: Email ❑ USPS Mail ❑ Email & USPS Mail ❑ If different than above address, invoices should be addressed to Attn: Invoice Email Address (if different than above) 5 1';12 Engineering Resource Associates, Inc. GENERAL TERMS AND CONDITIONS 1. COMPLIANCE WITH LAWs: Engineering Resource Associates, Inc. (Engineer) will strive to exercise usual and customary professional care in his efforts to comply with those laws, codes, ordinance and regulations which are In effect as of the date of this Agreement. With specific respect to prescribed requirements of the Americans with Disabilities Act of 1990 or certified state or local accessibility regulations (ADA), Client understands ADA is a civil rights legislation and that interpretation of ADA is a legal issue and not a design issue and, accordingly, retention of legal counsel (by Client) for purposes of interpretation is advisable. As such and with respect to ADA, Client agrees to waive any action against Engineer, and to indemnify and defend Engineer against any claim arising from Engineers alleged failure to meet ADA requirements prescribed. 2. DESIGNATION OF AUTHORIZED REPRESENTATIVE: Each party (to this Agreement) shall designate one or more persons to act with authority in its behalf in respect to appropriate aspects of the Project. The persons designated shall review and respond promptly to all communications received from the other party. 3. STANDARD OF PRACTICE: The Engineer will strive to conduct services under this Agreement in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions as of the date of this Agreement. No other representation, express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinion, document, or otherwise. 4. GOVERNING LAw: This Agreement shall be governed by and construed in accordance with Articles previously set forth by Item 1. of this Agreement, together with the laws of the State of Illinois. 5. RESPONSIBILITY of THE ENGINEER: 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 the Client and any other party concerning the Project, the 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 the Client, the construction contractor, other contractors or subcontractors performing any of the work or providing any of the services on the Project. Nor shall the Engineer be responsible for the acts or omissions of the Client, or for the failure of the Client, any architect, engineer, consultant, contractor or subcontractor to carry out their respective responsibilities in accordance with the Project documents, this Agreement 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 condition is expressly amended for the purposes described in such amendment and is signed by the Engineer. 6. CLIENT's RESPONSIBILITIES: The Client agrees to require the Contractor, to the fullest extent permitted by law, To indemnify, hold harmless, and defend the Engineer, its consultants, and the employees and agents of any of them from and against any and all claims, suits, demands, liabilities, losses, damages, and costs ( "Losses "), including but not limited to costs of defense, to the extent arising in whole or in part out of the negligence of the Contractor, its subcontractors, the officers, employees, agents, and subcontractors of any of them, or anyone for whose acts any of them may be liable, regardless of whether or not such Losses are caused in part by a party indemnified hereunder. Specifically excluded from the foregoing are Losses arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, or specifications, and the giving of or failure to give directions by the Engineer, its consultants, and the agents and employees of any of them, provided such giving or failure to give is the primary cause of Loss. O k l::i ;0 P':=. (' S ° r� ti Cr C :.'; -';r 5. 204:2 The Client further agrees to require the Contractor to name the Engineer, its agents and consultants as additional insureds on the Contractor's policy or policies of comprehensive or commercial general liability insurance. Such insurance shall include products and completed operations and contractual liability coverages, shall be primary and non - contributing with any insurance maintained by the Engineer or its agents and consultants, and shall provide that the Engineer be given thirty days, unqualified written notice prior to any cancellation thereof. In the event the foregoing requirements, or any of them, are not established by the Client and met by the Contractor, the Client agrees to indemnify and hold harmless the Engineer, its employees, agents, and consultants from and against any and all Losses which would have been indemnified and insured against by the Contractor, but were not. When Contract Documents prepared under the Scope of Services of this contract require insurance(s) to be provided, obtained and/or otherwise maintained by the Contractor, the Client agrees to be wholly responsible for setting forth any and all such insurance requirements. Furthermore, any document provided for Client review by the Engineer under this Contract related to such insurance(s) shall be considered as sample insurance requirements and not the recommendation of the Engineer. Client agrees to have their own risk management department review any and all insurance requirements for adequacy and to determine speck types of insurance(s) required for the project. Client further agrees that decisions concerning types and amounts of insurance are specific to the project and shall be the product of the Client. As such, any and all insurance requirements made part of Contract Documents prepared by the Engineer are not to be considered the Engineer's recommendation, and the Client shall make the final decision regarding insurance requirements. INFORMATION PROVIDED BY OTHERS: The Engineer shall indicate to the Client the information needed for rendering of the services of this Agreement. The Client shall provide to the Engineer such information as is available to the Client and the Client's consultants and contractors, and the Engineer shall be entitled to rely upon the accuracy and completeness thereof. The Client recognizes that it is impossible for the Engineer to assure the accuracy, completeness and sufficiency of such information, either because it is impossible to verify or because of errors or omissions which may have occurred in assembling the information the Client is providing. Accordingly, the Client agrees, to the fullest extent permitted by law, to indemnify and hold the Engineer and the Engineer's subconsultants harmless from any claim, liability or cost (including reasonable attorneys' fees and cost of defense) for injury or loss arising or allegedly arising from errors, omissions or inaccuracies in documents or other information provided by the Client to the Engineer. 8. CHANCES: Client reserves the right by written change order or amendment to make changes in requirements, amount of work, or engineering time schedule adjustments, and Engineer and Client shall negotiate appropriate adjustments acceptable to both parties to accommodate any changes, 'If commercially possible. 9. DOCUMENTS DELIVERED TO CLIENT: Drawings, specifications, and reports prepared by Engineer in connection with any or all of the services furnished hereunder shall be delivered to the Client for the use of the Client. Engineer shall have the right to retain originals of all Project Documents and drawings for its files. Furthermore, it is understood and agreed that the Project Documents such as, but not limited to reports, calculations, drawings, and specifications prepared for the Project, whether in hard copy or machine readable form, are instruments of professional service Intended for one -time use in the construction of this Project. These Project Documents are and shall remain the property of the Engineer. The Client may retain copies, including copies stored on magnetic tape or disk, for information and reference in connection with the occupancy and use of the Project. It is also understood and agreed that because of the possibility that information and data delivered in machine readable form may be altered, whether inadvertently or otherwise, the Engineer reserves the right to retain the original tapes/disks and to remove from copies provided to the Client all identification reflecting the involvement of the Engineer in their preparation. The Engineer also reserves the right to retain hard copy originals of all Project Documentation delivered to the Client in machine readable form, which originals shall be referred to and shall govern in the event of any inconsistency between the two. The Client understands that the automated conversion of information and data from the system and format used by the Engineer to an alternate system or formaUginnot be accomplished without the introduction of Jzn.. , C -: -,- PF. Pl 5 7 of ",. C tee- 1012 inexactitudes, anomalies, and errors. In the event Project Documentation provided to the Client in machine readable form is so converted, the Client agrees to assume all risks associated therewith and, to the fullest extent permitted by law, to hold harmless and indemnify the Engineer from and against all claims, liabilities, losses, damages, and costs, including but not limited to attorney's fees, arising therefrom or in connection therewith. The Client recognizes that changes or modifications to the Engineers instruments of professional service introduced by anyone other than the Engineer may result in adverse consequences which the Engineer can neither predict nor control. Therefore, and in consideration of the Engineer's agreement to deliver its instruments of professional service in machine readable form, the Client agrees, to the fullest extent permitted by law, to hold harmless and indemnify the Engineer from and against all claims, liabilities, losses, damages, and costs, including but not limited to attorney's fees, arising out of or in any way connected with the modification, misinterpretation, misuse, or reuse by others of the machine readable information and data provided by the Engineer under this Agreement. The foregoing indemnification applies, without limitation, to any use of the Project Documentation on other projects, for additions to this Project, or for completion of this Project by others, excepting only such use as may be authorized, in writing, by the Engineer. 10. REusE OF DOCUMENTS: All Project Documents including but not limited to reports, original boring logs, field data, field notes, laboratory test data, calculations, opinions of probable costs, drawings and specifications furnished by Engineer pursuant to this Agreement are intended for use on the Project only. They cannot be used by Client or others on extensions of the Project or any other project. Any reuse, without specific written verification or adaptation by Engineer, shall be at Client's sole risk, and Client shall indemnify and hold harmless Engineer from all claims, damages, losses, and expenses including attorney's fees arising out of or resulting therefrom. 11. FORCE MAJEuRE: Neither Client 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, natural calamities, or demands or requirements of governmental agencies. 12. RELATIONsNIP BETWEEN ENGINEER AND CLIENT: Engineer shall serve as Clients professional engineer consultant in those phases of the Project to which this Agreement applies. This relationship is that of a buyer and seller of professional services and as such the Engineer is an independent contractor in the performance of this Agreement and it is understood that the parties have not entered into any joint venture or partnership with the other. The Engineer shall not be considered to be the agent of the Client. 13. SUSPENSION OF SERVICES: Client 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 costs associated with the services affected by such order. Client, however, shall pay all costs incurred by the suspension, including all costs necessary to maintain continuity and for the resumptions of the services upon expiration of the Suspension of Services Order. Engineer will not be obligated to provide the same personnel employed prior to suspension, when the services are resumed, in the event that the period of suspension is greater than thirty (30) days. 14. TERMINATION: This Agreement may be terminated 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 terms hereof through no fault of the terminating party. This Agreement may be terminated by Client, under the same terms, whenever Client shall determine that termination is in its best interests. Cost of termination, including salaries, overhead and fee, incurred by Engineer either before or after the termination date shall be reimbursed by Client. 15. 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. 16. ENTIRE UNDERSTANDING OF AGREEMENT: This Agreement represents and Incorporates the entire understanding of the parties hereto, and each party acknowledges that there are no warranties, representations, covenants or understandings of any I d, matter or description whatsoever, made by either G` B party to the other except as expressly set forth herein. Client and the Engineer hereby agree that any purchase orders, invoices, confirmations, acknowledgments or other similar documents executed or delivered with respect to the subject matter hereof that conflict with the terms of the Agreement shall be null, void and without effect to the extent they conflict with the terms of this Agreement. 17. AMENDMENT: This Agreement shall not be subject to amendment unless another instrument is duly executed by duly authorized representatives of each of the parties and entitled "Amendment of Agreement ". 18. PAYMENT: Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within thirty (30) days of its receipt. The client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause within said thirty (30) day period at the rate of eighteen (18) percent per annum (or the maximum interest rate permitted under applicable law, whichever is the lesser) until paid. Client further agrees to pay Engineer's cost of collection of all amounts due and unpaid after sixty (60) days, including court costs and reasonable attorney's fees, as well as costs attributed to suspension of services accordingly. In the event legal action is necessary to enforce the payment provisions of this Agreement, the Engineer shall be entitled to collect from the Client any judgement or settlement sums due, reasonable attorneys' fees, court costs and expenses incurred by the Engineer in connection therewith and, in addition, the reasonable value of the Engineer's time and expenses spent in connection with such collection action, computed at the Engineer's prevailing fee schedule and expense policies. If the Client fails to make payments when due or otherwise is in breach of this Agreement, the Engineer may suspend performance of services upon five (5) calendar days' notice to the Client. The Engineer shall have no liability whatsoever to the Client for any costs or damages as a result of such suspension caused by any breach of this Agreement by the Client. Client will reimburse Engineer for all associated costs as previously set forth in Item 13 of this Agreement. Payments due Engineer are not contingent upon project approval or project financing and are the sole responsibility of the Client. If an invoice for work performed by Engineer remains unpaid sixty (60) days form the date of the invoice and, if there is no written resolution of payment from the client during the sixty (60) day period, Engineer will stop all work on the assignment. 19. INDEMNIFICATION: Engineer agrees, to the fullest extent permitted by law, to indemnify and hold harmless Client up to the amount of this contract fee (for services) from loss or expense, including reasonable attorney's fees to the extent caused by Engineer's negligent acts, errors or omissions in the performance of professional services under this Agreement. Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Engineer from any damage, liability or cost, including reasonable attorneys' fees and costs of defense, to the extent caused by the Client's negligent acts, errors or omissions and those of his or her contractors, subcontractors or consultants or anyone for whom the Client is legally liable, and arising form the project that is the subject of this Agreement. In the event of joint or concurrent negligence of Engineer and Client, 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. Engineer shall not be liable for special, incidental or consequential damages, including, but not limited to loss of profits, revenue, use of capital, claims of customers, cost of purchased or replacement power, or for any other loss of any nature, whether based on contract, tort, negligence, strict liability or otherwise, by reasons of the services rendered under this Agreement. 20. LIMIT of LIABILITY: The Client and the Engineer have discussed the risks, rewards, and benefits of the project and the Engineer's total fee for services. In recognition of the relative risks and benefits of the Project to both the Client and the engineer, the risks have been allocated such that the Client agrees that to the fullest extent permitted by law, the Engineer's total aggregate liability to the Client for any and all injuries, claims, costs, losses, expenses, damages of any nature whatsoever or claim expenses arising out of this Agreement from any cause or causes, including attorney's fees and costs, and expert witness fees and costs, shall not exceed the total Engineer's fee for professional engineering services rendered on this project as made part of this Agreement. Such causes included but not limited to the Engineer's negligence, errors, omissions, strict liability or breach of contract. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 21. NOTICES: Any notice or designation required to be given to either party hereto shall be in writing, and unless receipt of such notice is expressly required by the terms hereof shall be deemed to be effectively served when deposited in the mail with sufficient first class postage affixed, and addressed to the party to whom such notice is directed at such party's place of businAGC or such other address as either party shall hereafter M, I Car ^:tar. PE. PI_ � Page 9 of l0 iecember 5, 2012 furnish to the other party by written notice as herein provided. 22. Access AND PERm rs: Client shall arrange for Engineer to enter upon public and private property and obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the Project. Client shall pay costs (including Engineer's employee salaries, overhead and fee) incident to any effort by Engineer toward assisting Client in such access, permits or approvals, if Engineer perform such services. 23. WAIVER of CONTRACT BREACH: The waiver of one party of any breach of the 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. 24. OPINIONS of PROBABLE COST: Since Engineer has no control over the cost of labor, materials or equipment, or over the Contractor(s) method of determining process, or over competitive bidding or market conditions, his opinions of probable Project Constriction Cost provided for herein are to be made on the basis of his experience and qualifications and represent his best judgement as a design professional familiar with the construction industry, but Engineer cannot and does not guarantee that proposal, bids or the Construction Cost will not vary from opinions of probable construction cost prepared by him. If prior to the Bidding or Negotiating Phase, Client wishes greater accuracy as to the Construction Cost, the Client shall employ an independent cost estimator Consultant for the purpose of obtaining a second construction cost opinion independent from Engineer. 25. CONSTRUCTION OBSERVATION CLAUSE: The Owner will include the following clause in the construction contract documents and Owner agrees not to modify or delete it: Kotecki Waiver: Contractor (and any subcontractor into whose subcontract this clause is incorporated) agrees to assume the entire liability for all personal injury claims suffered by its own employees, including without limitation claims under the Illinois Structural Work Act, asserted by persons allegedly injured on the Project; waives any limitation of liability defense based upon the Workers Compensation Act, court interpretations of said Act or otherwise; and agrees to indemnify and defend Owner and Engineer and their agents, employees and consultants (the "Indemnities ") from and against all such loss, expense, damage or injury, including reasonable attorneys' fees, that the indemnities may sustain as a result of such claims, except to the extent that Illinois law prohibits indemnity for the indemnities' own negligence. 26. SEVERABILIrr of INVALID PROVISIONS: If any provision of the Agreement shall be held to contravene or to 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 provisions held to be invalid in the particular state, country or jurisdiction and the rights or obligations of the parties hereto shall be construed and enforced accordingly. 27. HAZARDOUS MATERIALS: It is acknowledged by both parties that Engineer's scope of services does not include any services related to asbestos or hazardous or toxic materials. In the event Engineer or any other party encounters asbestos or hazardous or toxic materials at the job site, or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of Engineer's services, Engineer may at his option and without liability for consequential or any other damages, suspend performance of services on the project until Client retains appropriate specialist consultant(s) or contractor(s) to identify, abate and /or remove the asbestos or hazardous or toxic materials, and warrant that the job site is in full compliance with applicable laws and regulations. 28. RIGHT OF ENTRY: Client hereby grants Engineer and its subcontractors or agents the right to enter from time to time property owned by Client and /or other(s) in order for Engineer to fulfill the scope of services included hereunder. Client understands that use of exploration equipment may cause some damage, the correction of which is not part of this Agreement. Client also understands that the discovery of certain hazardous conditions and /or taking preventive measures relative to these conditions may result in a reduction of the Property's value. Accordingly, Client waives any claim against Engineer and its subcontractors or agents, and agrees to defend, indemnify and hold Engineer harmless from any claim or liablffty for injury or loss allegedly arising from procedures associated with surface exploration activities or discovery of hazardous '.tr .;arses 1.. Cainkar PE. PLS Pace o' 10 materials or suspected hazardous materials. In addition, Client agrees to compensate Engineer for any time spent or expenses incurred by Engineer in defense of any such claim with compensation to be based upon Engineer's prevailing fee schedule and expense reimbursement policy. Engineer shall not be liable for damage or injury from damage to subterranean structures (pipes, tanks, cables, or other utilities, etc.) which are not called to Engineer's attention in writing and correctly shown on the diagram(s) furnished by Client to Engineer. 29. SAMPLES: Soil, rock, water and/or other samples obtained from the Project site are the property of Client. Engineer shall preserve such samples for no longer than sixty (60) calendar days after the issuance of any document that includes the data obtained from them, unless other arrangements are mutually agreed upon in writing. Should any of these samples be contaminated by hazardous substances or suspected hazardous substances, @ is Client's responsibility to select and arrange for lawful disposal procedures, that is, procedures which encompass removing the contaminated samples from Engineer's custody and transporting them to a disposal site. Client is advised that, in all cases, prudence and good judgment should be applied in selecting and arranging for lawful disposal procedures. Due to the risks to which Engineer is exposed, Client agrees to waive any claim against Engineer, and to defend, indemnify and hold Engineer harmless from any claim or liability for injury or loss arising from containing, labeling, transporting, testing, storing, or other handling of contaminated samples. Client also agrees to compensate Engineer for any time spent and expenses incurred by Engineer in defense of any such claim, with such compensation to be based upon Engineer's prevailing fee schedule and expense reimbursement policy. END OF GENERAL TERMS AND CONDITIONS u w w LL 0 w X LL J a H O U Mo O N v N W � W w U w m z Q F J M z O L) LL O W Q F W cn cn O U 7. 0 a W Q 0 alo N -I z O Q LL 2' } pQ H W W 2 J CL w 0 > O O U u c v m U O C 'A O Q q V _ 0 m N L � u � c m � � m c w _ C Q y O c D W J z W E J a N 5 F LL d i a _rn M o N O � O N O N W N m O v C W m O it H z U) z W 2 W W w Q w 2 F- m 0 W Q' Q a w a EIIIIIIIIIIIIIIIIIIIIIIIIIIIII a _rn M o N O � O N O N W N m O v C W m O it H z U) z W 2 W W w Q w 2 F- m 0 W Q' Q a w a Direct Cost Summary Engineering Resource Associates, Inc. Illinois Street Rehabilitation State Street to Main Street Village of Lemont 12/5/2012 Task Item Quantity Units Unit Price Cost In -house Direct Costs Mileage 80 miles $0.56 $44A0 Tolls 8 tolls $0.80 $6.40 Printing (8 1/2" x 11 ") 200 each $0.06 $12.00 Printing (24'x36 ") 20 each $0.60 $12.00 Subtotal $62.80 Outside Direct Costs Printing 1 LS $200.00 $200.00 Subtotal $200.00