HomeMy WebLinkAbout5.6 Motion to Approve ChangeOrder - Rand/Central Intersection Phase 1 Engineering Study5/29/2019 BoardDocs® Pro
Agenda Item Details
Meeting May 21, 2019 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - 7:00 p.m.
Category 5. CONSENT AGEND4
Subject 5.6 MOTION TO APPROVE CHANGE ORDER FOR RAND/CENTRAL/MOUNT PROSPECT ROAD
INTERSECTION PHASE 1 ENGINEERING STUDY IN AN AMOUNT NOT TO EXCEED $47,817.32.
Access Public
Type Action (
Preferred Date May 21, 2019
Absolute Date May 21, 2019
Fiscal Impact Yes
Dollar Amount 471817.32
Budgeted Yes
Budget Source General Fund
Recommended Action Authorize a change order to the contract award to Christopher B. Burke Engineering, Limited
for the Rand/Central/Mount Prospect Road Intersection Phase 1 Study in the amount of
$47,817.32. This action will increase the project award from $316,899.00 to $364,,716.32.
Public Content
Information
Christopher Burke Engineering (CBBEL) is requesting an additional $47,817.32 for consulting services as part of the
Rand/Central/Mount Prospect Road Intersection Phase I Study. The Village Board initially awarded CBBEL a contract for
this study on April 18, 2017 in an amount of $316,899.00.
Their initial proposal included 2,253 work hours for completion of Phase I Engineering. This total specifically included
394 work hours for topographic survey.
CBBEL is requesting compensation for engineering services rendered in addition to their awarded scope of work. Notab
the firm performed additional survey work and an additional intersection design study (IDS).
Additional Survey Work
At the request of Village staff., CBBEL modified their proposal to include Phase II Engineering (design engineering) for
Mount Prospect Road resurfacing from Rand Road to Busse Avenue. CBBEL was also asked to coordinate and expedite
this design with IDOT so that the work could be included in the planned (201 8) resurfacing of Central Road.
To offset the increase in work hours associated with adding this Phase II Engineering to the contract, and since the
actual amount of survey work needed for completion of Phase I Engineering could vary widely depending upon the
configuration of the final Preferred Alternative, the survey work was reduced to 190 hours to cover only the work
necessary for preparing the Mount Prospect Road resurfacing plans.
At the time, staff contemplated that survey work required for the Rand/Central/Mount Prospect Road Phase I Study
could possibly be incorporated into the overall work effort for the project (2,253 hours) or more accurately remunerated
at a later to via a final contract change order.
For the acquisition of survey for Alternatives 2B (Preferred Alternative)., CBBEL is requesting $34,,124.42 based on 326
hours of work ($105 per hour).
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The Preferred Alternative includes five (5) traffic signals that require Intersection Design Studies (IDS). The initial scopl;
of work anticipated only four (4) traffic signals.
An IDS is a formal analysis through graphics and calculations to show improvements to an intersection. It is required by
IDOT as part of the Phase I Study. The intersections initially expected to require an IDS included the three (3) at the
triangle and one (1) at the proposed traffic signal near the Walmart and Mount Prospect Pointe driveways. Alternative
2B includes an additional proposed traffic signal at the Mount Prospect Plaza driveway on Central Road and., therefore,
requires an IDS. CBBEL is requesting $12,592.90 based on 112 hours of work ($112 per hour) to complete the one (1)
additional IDS. This is consistent with the cost for the four (4) IDSs in the contract.
Table 1 below summarizes additional compensation requests for the Rand/Central/Mount Prospect Road Phase 1 Study:
Table 1 - Change Order Summary
0 0
DEMMU- =11
Topo go �ra pphic Survey $34,124.41-A
Intersection Design Study $12,,592.94
Other Direct Costs11 11
I fill F1
As this project nears completion, it is evident that additional engineering costs cannot be absorbed into the existing contra
award necessitating a change order to compensate CBBEL for services rendered.
Open House
A Public Meeting was held on May 1 at Village Hall to present the proposed improvement plan for the Preferred
Alternative for public review and comment. Approximately 60 people attended. Overall, feedback was positive. A fact
sheet and the presentation boards used at this meeting are attached.
Next Step
Village and CBBEL staff recently prepared and submitted funding applications for Phase II Engineering and Construction
funding through the CMAP Congestion Mitigation and Air Quality (CMAQ) program, and the Cook County Invest In Cook
(IIC) program, and attended follow-up interviews. The preliminary ranking of project applications will be published in
July 2019 with the final project awards announced in October 2019.
Village staff has requested funding for Phase II Engineering in the Community Investment Program (CIP), contingent
upon the results of the CMAQ and II C funding applications.
The preliminary Phase I Project Development Report (PDR) will be submitted to IDOT for review by June 1,, 2019.
Coordination with IDOT on their review of the PDR, including the final proposed improvement plans, Intersection Design
Studies, and drainage is is an iterative process that is anticipated to be ongoing throughout the summer.
IDOT approval of Phase I Engineering is anticipated in August 2019.
Additional information out the status of this study can be viewed at the project site: Rand/Central/MP Road
Phase 1 Webpage.
Alternatives
1. Approve Change Order for Rand/Central/Mount Prospect Road Intersection Phase 1 Engineering Study.
2. Action at discretion of Village Board.
Staff Recommendation.
Staff recommends that the Village Board authorize a change order to the contract award to Christopher B. Burke
Engineering, Limited for the Rand/Central/Mount Prospect Road Intersection Phase 1 Study in the amount of
$47,817.32. This action will increase the project award from $316.,899.00 to $364,,716.32.
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FACT SHEET-041719.pdf (6,815 KB) Presentation Boards.pdf (500 KB)
CBBEL Contract—RCMP—May 2017.pdf (2,584 KB) CBBEL—RCMP_Suppl_080918.pdf (209 KB)
Administrative Content
AB: Just including as a FYI - I looked back at the 2017 memo. The proposed change order + the original cost proposal
is still lower than then second lowest bidder cost proposal in 2017 which was Baxter & Woodman $376,922 (3,180 hours
@
Executive Content
All items under Consent Agenda are considered routine by the Village Board and will be enacted by one motion. Therd
will be no separate discussion of those items unless a Board member or member from the audience so requests, in
which the item will be removed from the Consent Agenda and considered in its sequence on the agenda.
Motion & Voting
111111111 r 11111i iiiiii 1 11 11 liq
Motion by William Grossi, second by Richard Rogers.
Final Resolution: Motion Carries
Yea: William Grossi, Eleni Hatzis, Richard Rogers, Colleen Saccotelli, Michael Zadel
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Based on technical analysis and stakeholder input, the
proposed improvements meet the purpose and need by;
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Rand -Central -Mount Prospect Phase I Engineering Study
Public Information Meeting #2
Program and Materials Plan
Materials at this station include:
Station Title Board w/easel: Project Overview (1— 24x36)
Board w/Easel: Project Location Exhibit (2 - 24x36)
0 Board w/Easel: Overall Project Development Process Phase I thru Construction 42 — 2436)
Board w/Easel: Phase I Study Schedule/Timeline (2 — 2436)
Handout: Overall Project Development Process (150 copies on one 6' Table).
Station 2: Project Data (Frank Nemes) —This station will present the data collection and analysis results that have
been completed that support the purpose and need for the project. These elements will include crash data, traffi
counts, and traffic analysis and available crash data. The analysis results will be presented. I
Materials at this station will include:
8 Station Title Board w/Easel: Project Data and Analysis (1— 24x36)
a Board w/Easel: Crash Data (2 — 24x36)
0 Board w/Easel: 2017 and 2040 ADT Traffic Data (2 — 2406)
0 Board w/Easel: 2040 Intersection Traffic Data, Level of Service (2 — 2436)
a Board w/ Easel: Alternatives Analysis Summary (2 — 2436)
W SimTraffic Presentation: Laptop/Monitoror Projector/Screen on two 6' tables
Station 3: Preferred Alternative (Emily Anderson and Mike Matkovic) —This station will be set up for attendees to
write comments on post -it notes and affix to the preferred alternative.
Materials at this station will include:
W Station Title Board w/Easel: Preferred Alternative (1-- 24x36)
0 Board w/ Easel: Proposed Roadway Improvement Benefits (2 — 24x36)
0 Board wl Easel: Proposed Roadway Improvement Plan (4 — (2 each) 54x36 & 60x24)
0
111=40` aerial exhibits of proposed roadway improvement plan for meeting participations to note their
issues and concerns with travel within the project limits (1 copy each 5436 & 60x24 on two 6' tables; with
post -its and pens/markers)
Station 4: Comments —This station will be set up for attendees to write their comments on the provided Comment
Forms, and submit them in the Comment Box provided at this table, A duplicate comment box will be located at the
sign -in table in case attendees forget to submit their forms in the exhibit room area.
Material at this station will include:
01 Station Title Board w/Easel: Submit Your Comments Here (1— 2406)
0 Comment Forms (125 copies on two 6' tables with 4 chairs each)
W One (1) Comment Box
0 Tables (3'x3 = 18 to 20
0 Easels = 27
Chidstopheir B. Burke Eqkieediig, Ud, Rand -Central -Mt Prospect Phase I Engineering Study
Rand -Central -Mount Prospect Phase I Engineering Study
Public Information Meeting #2
Program and Materials Plan
The second Public Information Meeting (131M) for the project will be held on May 1st, 2019. The purpose of the
meeting is to present the preferred alternative and seek public input on the Rand -Central -Mount Prospect Road
Intersection roadway improvement.
The meeting will be conducted in an open house format in the Community Room at the Village of Mount Prospect
Village Hall, 50 S. Emerson Street, Mount Prospect, IL 60056, and interested persons may visit anytime between
6:00 and 8:00 p.m. Attendees will have the opportunity to review exhibits, provide comments, and meet with
Village and project study team representatives.
The study team (Village and CBBEQ will provide information regarding the overall project development process, the
project purpose and need, the project data collection and analysis, and preferred alternative.
CBBEL plans to arrive at the PIM location by 4:30 p.m. on the day of the meeting for setup and testing (SimTraffic),
to be completed by 5:30 p.m.
The following methods will be used for public notification of the PIM:
Post on Village website
Notice in Mount Prospect community newsletter
Display Ad in Daily Herald - Mount Prospect Area News (ran 4/10/19, will run 4/24/19)
Postcards to residents/business (sent out 4/15/19)
Dry Run: Tuesday, April 16 at 11:00 a m . Purpose is to review the PIM planned materials and displays for any final
revisions.
*IM Staffing: CBBEL: Mike Matkovic, Emily Anderson, Steve Sugg, Frank Nemes, Phil Santos.
Village: Matt Lawrie, Sean Dorsey, Other Village Staff (TBD., sign -in table, etc)
PROGRAM AND MATERIALS
Community Room Layout: See attached exhibit for overall room layout showing entrance, sign -in table, and the four
PIM stations planned. The PIM stations will be arranged the outer edge of the room by topic with one to three 6'
tables at each station, station boards, supporting exhibits on easels,, and additional information as discussed below.
The comment station will be set off to the side near the entrance/exit of the room. Each station will have multiple
project study team and/or Village representatives present to discuss the project and answer any stakeholder
questions.
Sign -In Table: (Village Staff —TBD) - Upon entering the facility, attendees will be greeted at the meeting sign -in table
where they will be provided a copy of the initial Project Brochure.
Materials at the Sign -In Table include:
a Board w/Easel: Welcome to this Public Meeting (1 - 2406)
0 PIM Sign -in Sheet (15 copies, 10 lines each)
a Project Brochure: (150 copies)
Comment Form: (25 copies)
Station 1: Project Overview and Phase I Process (Phil Santos) —This station will present a general overview of the
project, including study limits, purpose of the project, the Phase I Engineering process, and timeline.
a, � Rand -Central -Mt Prospect Phase I Engineering Study
Christopher B, Burke EngIneering, Ltd.
CHRISTOPHER
URKE ENGINEERING, LTD.
MM
9575 West Higgins Road Suite 600 Rosenionit, 1111nols 60018 TEL (847) 823-0,500 FAX (847) 8213-0520
August 9, 2018
Village of Mount Prospect
1700 W. Central Road
Mount Prospect, IL 60056
Attn: Mr. Jeffrey Wulbecker, PE
Village Engineer
Subject: Rand -Central -Mount Prospect
Phase I Engineering Study
Supplemental Agreement
Dear Mr. Wulbecker:
Based on the progress made to date for the subject project, Alternative 213 (with some possible
variations) has emerged as the preliminary preferred alternative from the range of alternatives
considered as summarized in the Alternatives Evaluation Report. Although additional
coordination is required to confirm the preferred alternative, enough progress has been made to
move forward with the detailed evaluation required for completion of Phase I Engineering.
As you are aware, the initial agreement for Phase I Engineering deferred completion of
topographic survey until a preferred alternative, and limits thereof, was identified. In addition,
the preliminary preferred alternative includes two new traffic signals (Rand/Walmart and
Central/SE Plaza Entrance) whereas one new traffic signal was assumed in the initial agreement.
IDOT will require that Intersection Design Studies (IDS -s) be completed for both intersections for
their review and approval as part of Phase I Engineering. On this basis, we are requesting a
supplemental agreement to compensate for completion of the topographic survey work and the
additional IDS as part of Phase I Engineering. A description of the additional effort required
within each task is provided in the attached materials. The amount of the requested supplement
agreement is $47,817.32.
Please review the enclosed information, and if you have any questions or require additional
information, contact me at 847/823-0500 or at mm t i m.
...............................................................................................................................................................................@............................................
Sincerely,
00
0ee 00
' - �r
Michael J. M tkovic PE
Vice Preside't
Head, Phase I Engineering Department
Attachments
Cc: Matt Lawrie, PE — Village Traffic Engineer
August 2018
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Christopher ��B. Bk,irke Engirieer"ing, Ltd.
Supplemental Work
Task-
Hours
2.
Topographic Survey (Interim Improvement Coverage)
The initial agreement included completion of topographic survey along Mount
Prospect Road, from south of Busse Avenue to the Rand Road intersection
(including Mount Prospect Plaza entrance). Supplement 1 includes topographic
survey (including utilities) for additional areas along Rand Road and Central
Road within the limits of the preliminary preferred alternative 213, outside of the
previously completed survey, for completion of Phase I Engineering.
Set Control (Horizontal and Vertical) 18
Establish and verify existing Right -of -Way 58
Topographic Survey (including drainage and utilities) 148
JULIE Coordination 28
Prepare Base Mapping and Plotting 74
SUBTOTAL: 326
S.
Intersection Design Studies
The initial agreement assumed an IDS would be required at the following
intersections (112 hours each):
*Central/Mount Propsect
*Rand/Central
*Rand/Mount Prospect
*Rand/Thayer-Walmart (new as/if required)
Based on Alternative 213, an additional IDS will be required for the proposed
signalized intersection at Central/Mall Drive.
112
I
SUBTOTAL:
112
TOTAL:
438
��J1
Christopher ��B. Bk,irke Engirieer"ing, Ltd.
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CHRISTOPHER B. BURKEENGINEER I ' 14G ' LT
957'5 �Neztt 1-jiggit-is Ro,-'ad Sble 600 Roserac)riA,, Minois-6001 8 TEL (&`,7) 823-0500 FAX (8
Village Of MOLKIA, Prospect
17010,'W., Cenlr"al Road
Mount Prospect,,, IL 6005161
Attention: Mr. Jeffrey, Wulbecker, PE,
Viflage Engineer
S u N , e ct Rand-Central-Wutlt Prospect
Proposal to Complete Phase I Etligii�ieei ring StUdy'
Dear Mr., Wulbecker:
-vicies for th,e Village
We are pleased to submit this, proposa, I to cory')Plete Phase I Eingfneering sei
of'Mount
Prospii,-:,a,ct, for Riend-Central-Mount Pti-os,pect intersections, inClUding an intlerirn
improvement at the Centark Mount Prospect iiitier'section. InClUded with our, proposal is, our
Understanding of the Assignment, Scope of Services, and Estimaf'Fee.
ChristophBung
er B. rl(e Enigineeri, Ltd. (CB,B,E,L.de
), tinrstanids that the V111a,ge desires , complete
Phase I Engitieering for the Rand-Central-Mblint. Prospect intersectlons, which will includie
evaluatiIng a ranSe of altleriveto improve overall traffic operations and safety within the
l nats,
project area, InIproviernents; to be clo n side r include intersectiioimprovements,,, access
(I'lanes men't irr'irovernents, incorporation of a, ni,ulti-use path within the Rand R,oald right-of-
way,
sur d ADA conripliance within the project area, Completion of the Phase I Study will comply
i P which requi . ct coordination with IDOT
with fedeiral roject developin�ient procedures, ires proje
and F HWA for review iitid, approval, and ensi,ires project ell 'll for future federal funding
opportunities,, In addition,the Phase 1. Study effort will inClUde preparation of engin,eering, plans,
aindcoordair lationwith IDOT (arid other's as, required, including Des Plaines) for perrT�Iit approval,
for a locally ftinded jri,ear terrn improvement at I. -hie Central in Prospect irilersec"tion to
provide two southb,QUnd thrOLI,gh lanes, and potentially additiona] signal timing, impt"Ovemern
ts at
the Rand-Carea tral-Mou,nt Prosj)ect intersections.
SCOPE of SERVICES
The scope of services includes completion of the Phase I Engineering Study for the entire project
area, and the desired interim improvement plans for the Central -Mount Prospect intersection.
Topographic survey will be completed for only the interim improvement area along Mount
Prospect Road at this time. Completion of a topographic survey for the full project limits is
deferred until a Preferred Alternative for the ultimate improvement is identified, and therefore
survey needs for the Preferred Alternative can be better defined. This additional survey work
would be included as a part of a separate contract amendment at that time.
The level of environmental documentation and coordination required as part of the Phase 1
Study is dependent on the approach taken and the level of property and environmental resource
impacts, which will be an essential upfront discussion point with IDOT and FHWA. However,
based on the expectation that any additional right-of-way or easement needs will not be
significant, we anticipate that IDOT and FHWA will concur with completing Phase 1 Engineering
as a Categorical Exclusion Group li (i.e.; Federal CE).
Roadway Drainage is also a key consideration as part of the Phase I Study. Since Rand Road and
Central Road are IDOT jurisdiction roadways, it is anticipated that a Drainage Technical
Memorandum (DTM), or a complete Location Drainage Study (LDS) will be required by IDOT as
part of the Phase I Study, contingent upon the proposed roadway improvements and the effects
on the pavement drainage system. For purposes of the work hour estimate provided, we have
assumed an LDS will be required for the Phase I Study based on our experience coordinating
other similar projects with IDOT. Although proposed drainage improvements will be included
with the separate interim permit project, a separate DTM or LDS is not anticipated to be
required.
The detailed scope of services required to complete Phase I Engineering is included in
Attachment I.
ESTIMATE n1` FFF
Based on the attached detailed scope of services, the cost to complete Phase I Engineering for
the Rand -Central -Mount Prospect project is summarized below, which includes a not to exceed
amount of $316,899. The associated work hour estimate per task is also included in Attachment
1.
Phase I Engineering;
Task
Work Hours
Cost
1. Data Collection and Analysis
138
$24,341
2. Topographic Survey
190
$20,833
3. Environmental Coordination
84
$9j,014
4. Alternatives Analysis and Plans
518
$58,925
5. Intersection Design Studies
448
$50,041
6. Roadway Drainage
224
$23,495
7. Roadway Lighting
82
$10j,733
8. Project Coordination
9. Project Development Report
10. Project Management
350, $45t905
1,016
. ....................... . . .... ..... . . .. . . ......
$13,035,
90
$12o435
�422
$48,142,
Totals: 2652
$3'16x899..00
Please sign anid return one copy of' thi's agreement as anindication of acceptance and nolice to
proceed'. If YOU have any questions or require additional informatioini, please contact Mike
Matkovic: at 847/8,23-0500 or via email at mma,tll<ovic@cbbel.com.
Sincerely,,
MiliChael, E. Kierr, PE
Executive Vice President
Attachmentsi: Attachment 1 ('Scope of'Services, Work Hour; Estimate, Cost E'stimlate)
General 'T
THIS PROPOSAL,, IN !I PE OF SERVICES, COST ESTIMAT E 01"CONSULTANTSERVICES,
AND GENERALTE, ITT O 'AS ACCEPTED FOR, THE VILLAGE COUNT PROSPECT,-,
BY* F Sian P. Dorsey
V V
Director of Public Works
TITLE .
DATE, May, 1111 2017
Ni:\P,RC,P'OSALS\ADMIN\2.0,17\Mo�unt Prospect Rand Central Phase � Services P1/0 133\Cos,t PropmpM f1rospect PH I
Proposial-04 2617.docx
ATTACHMENT 1'
RAND-CENTRAL-MOUNTPROSPECT
PHASE I ENGINEERING STUDY
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Based on this project Uninderstanding, the following detailed scope of work i's anticipateld t',
b el req u 1, red for com pl etto n of' the Phase I Stu dy.
ion a This task will 'include collecting and, evaluating all
Task 1 i— Dataf Collect' nd Anallysm. I
necessary clata for, completion of the Phase 1, Study and the interim permit project, including
traff ic counts, 2040 traff ic projections, crash clata., utility atlases, recoird roadway plans and
11
A.ACMT
RAND-CENTRAL-MOLINT PROSPECT
PHASE I ENGINEERING STUDY
existing property information and compiling a project GIS database that can be used for
various project stakeholder coordination meetings.
CBBEL will obtain, the latest five years of crash data, for all roadway sections within the
prqject 111milts and prepare a detailed crash analysis, which IDOT Mill require as part of'the
Phase I Study.
Rand -Henry
Rand -Walmart Entrance
Mount, Prospect -Albert
Central -Mount Prospect Plaza
Mount Prospect -Westgate,
It is, also anticipated that, MOT will require analysis of 20,40, traffic projections as part the
Phase I Study for any alternatives, considered that result in, redirected traffic movements
a,long Rand Road and/or through the Rand -Central -Mount Prospect int erselctions. CL will,
coordinate with CMAP for yea r 2040,traff ic projections based on the of i1c counts obtained.
This task will Include preparing morning and evening peak hour capacity analysis, using
Synchro or, "ISI M for existing conditions (existing traffic, existing, signall timing, and existing
geometry) and N'o-Build 2040, conditions (2,040, traffic projections, existing, signal timing', and
existing, geometry) to establish a, baseline for relative comparison of operational
performance for alternatives considered.
Task 2—Top,ograph*ic,Survqy: This task includes completing a full topographic survey of the,
interim improvement area along Mount Prospect Road for apiproximately 1,000 feet, from
Rand Roadto, Busse Road to ensure coverage. The completed survey will include all
topographic surface features, a utility survey, and verification of property lines.
Completion of a, topographic survey and right-of-way verification for the full project limits is
deferred until a Preferred Alternative for the ultimate improvement is identified, and
t'here fore survey needs for he Preferred Alternative can be better defined. This additional
survey work would be included as a part ofa separate contract amendment at that timie.
T as IEnvi ron mentalCoordinatt'lion,.-I CBBEL will perform an environmental field review
1 0 1 10 0
that is required by IDOT as part of Phase I Engineering, including an assessment of the
presence of wetlands within the project limits, and delineations thereof if present,, tree
surveys, property photo logs, for cultural review, and special waste probability screening, and
2
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13, Eri,,,Ore
A
ATTACHMENT1
AND- E T L- OUNIT PROSPECT
PHASE I ENGINEERING STUDY
submit to IDOT for proicessj,ng in accordanzef with IDOT Environmental Survey Request (ESR)
n a ry specta I waste I dy (P ESA) fo r th e
MA Although IDOT must prepare the prel'i
State right-of-way, CBBEL will need to prepare, the PESA for the areas of nonf-state right-of-
way within the project [Imit's," based on IDOT-BLRS requirements.
Tas,k4—Alt"er�nat"I'vefs,Analyis*is and Proposed,,improvement Pla"Ins: T'heC13BEtteamwill
complete an evaluation of interim and ultimate improvement afternatives using Synchro o
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I-CENTRAL-MOUNT PROSPECT
RAND
PHASE I ENGINEERING STUDY
SCOPE OF WORK
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Task 8— Projelict Coordination': This task will, focus on overall stakeholdercoordinMM'
tion
including communicating with the local stakeholders along the proje! ct, t he Village, and other
agencies, as required. Key project stakeholders will include various departments within the
Village o5fMount Prospect, elected officials, IDOT, FHWA, Clook County DOTH', the City of Des
4
ATTACHMENT 1
RA
-MOUNT PROSPECT
ND -CENTRAL
PHASE" I ENGINEERING STUDY
improve access and. mobility is essentiall.,
Plaines, and all adjacent business owners for which
See our work hour estirnailte for the number of agency/stakeholder coordination meetings
assumed.
In addition, this task includes an initial open house public meeting to elicilt efarly stakieholder
input, a status presentiation to the Village Board,, and a final open, house public meeting, to
present the identified Preferred Alternativefor pub5fic review and comment.
jTas,k 9i — Project Development Report. This task includes develoipment of the Project
I for initial review by the Village of
Development Report (PDR), and all support exhibits,
Mount Prospect and ultimate review by IDOT anid FHWA for Phalse I Design Approval. As
Group 11 (1
mentioned itis anticipalted thi's pro,ject will qualify as a Categorical Exclusion, i ei.*
Feder -all CE, IDOT-BLR Florm
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Intersection Desi,gnStudy This task will consist of developing an IDiS for the
interi'm intersection improvements whichis anticipatedto include revised geometryin
the SW cluadrant and along the south leg of the intersection. The IDS will be prepared at a
scale; ofl" = 50". The IDS will Include the following:
Intersection capacity analyses for am., and, p.m. peak, hour design year traffic"
volumes.
Existing and Projected peak hour volumes,
5,
"'Ic ur �k,,, ii�,�
ro ATTACHMENT 1
RAID—CENTRAL—NOUN PROSPECT
PHASE, I ENGINEERING STUDY
SCOPE OF WORK
Existing and proposed, intersection geometrics.
Proposed signal layout'.
Elements controlling design.
General notes.
The ID15 will be, submitted to Mount Prospect and then IDOT'for review.Any rieview
comments will be incorporated into al IDS and resubmitted to IDOT forformi,
ia p p ro va
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The traffic signal modif ication pla ns will be preparied based on current I DOT'standard
aln,dwililinclude the following.,
Temporary signal and removal plains
Tern pora ry traffic sig gna I plans
o Preliminary,pre-fnal and final traffic s*gnal modernization plans.
o Cable plan and schedule of quantities.
0
Phases esignation dig girarn and emergency vehicle preempition sequence.
o Interconnect plan.
,o Technical specifications employing, 1DOTspecial provisions to the, extent that they
apply will be assembled,
We will prepare the roadway improvement plans biased on the approved IDS. The
roadway improvement plans, are, anticipated to, include the fol1owing base sheets.
6
To, ID
Ji B u r ki,:,,
., l'! � n e tcl
ATTACHMENT 1
RAND-CENTRALWOUNT PROSPECT'
PHASE I ENGINEERING STUDY
Cover Sheet
General Notes
,Summary of'Quantities
Typical Sections
ExistIng Conditions and Removal Plan (20 scale)
1
Road way/Geometric Plan and Profile (20 scale),
1
Drainage and Utility Plian (20 scale)
1
Traffic Signal Plans (including ADA, details)
6
Traffic Signal Standard Details
4
Pavement Marking and Signage P'lar (50 scale)
1
Erosion Control/Stormwatler Pollution Prevention Plan
2
Roadway Cross Sections @ 50' Intervals
2
Design and Standard Detail's
8
Totak
30
11.4. Utility Colo rd i nation: CBBEL will submit to the utility companies a set of pre -final
and final enginefering, pilans for the interim 'improvement to verify oridentify potential
is and
conflicts. CBBE'L will a1so attend meetings (assurneid two) with the utility companie
the Village of Mount Prospect as required to coordinate the design of'any necessary
Utility relocations by the u,t*l*ty campanies,116.
ff�,11,111,11111,"BC,'�,,�r,�lsi[,,,,�,",�,�,i B, Burki',!, Ltd,
Rand -Central -Mount Prospect
Phase I Engineering Study.
Work Hour Estimate
-- - -------------
Ila, 0
9
......... ...........
ICB,BEL coordination with the Chicago Metropolitan Agency foir Planniin,g (CMAP)
for 2040 traffic projections.
Prepare base roadway network in Synchrio or VIS,SIM based on the eight
counted intersections and prepare ainalysils, for existing conditions (existing
timing, and geometry) including field verification and calibration to observed
performance, and 2040 Noi-Build capacity analysis, for the am and prin peak
,,,travel
periods.
Obtain and review latest 5 years of crash data, all inclusive of project limits along
Rand, Road, (US 12), Central Road', and Mount Prospect Road, and prepare a
Cralsh Analysis to be inicluded in the PDR. Assume no future updalte required.
I . ... . ...... . ...................... . . .....
Obtain and review ba,se datial frorn the'Village of Mount Prospect, IDOT' and
CCDOTH, including utility atlases, record roadway plans and geotechnical data,
existing right-of-way information, survey benchmarks, iand any other
analys*
Informatiloin afivailable that would'infoirm the Phlase I Engineering is.
SUBTOTAL-�
11111011 f 1I M V i0i j ...... ...... ....
. . . .......
I land Vertical)
Seti Control (Horizonta' . . .............. . .. .......... . . ..............
�Establishl and verify existing Right-of-Wilay
Topographic Survey (including drainage and utilities)
JU11E Coordination
. ................. . . ... .. ........ . ..... ....... ...........................
�Prepare Base Mapping and Plotting
SUBTOTAL
-- - - ----- -------- - ------- --- . . ......
-------------- - -- - -------- -- --------- -- - ----------
r4ifIL�1e 11 1, T I Iit s -------------------------
Vol j ----
jEnvitronmental Resource Field Review and'Technica] Memorandum ... . .. ..... .
..... . ..... .............. . . . . ................. . ..... ..................... . . . ...............
�Prepare and Submit ESR to IDOIT-131-1151
7veigetation &'Triee Q/Tab/Im, pact, Assessment 7
77= 777777=
EP repare PESA (n,on-state right-ofiiiiiiiway
[Prepiare, wetland impact form foiri IDOT (assume 2)
. .............. .. . ................ SUBTOTAL.
4*0
MAN
Rand -Central -Mount Prospect
Phase I Engineering Study
Work Hour Estimate
04, A
Ok
as
. .......... . . . . ......... . ......... ......... . ........ . . . .....
Preliminary Alternatives Ana llysis using Synchro or VISSIM, based on the baseline
model cielvelloped in Task 1, for am and pm peak hours, and based on 2040 traffic
'clent"fied for anallysis
projections. Assume four distinct alternatives alre i
purposies. (24 hlours each),
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,on
Pnear Thayer Street or
rIepare warrant analysis o
a ptential newc intersecti
the Walmart Entrance. This 'Includes, manual reassignment of'traffic based on
proposed imiprovements ati the Rand/Mount Propsect intersection.
. ........ . .....
Prepare comparative evaluation of impactsand approximate costs forthe four
0 ffial alternatives.
Im I
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.. .. .. . .. . . ...............
Identify proposed R-O.W. and Construction Easements required fior
of the, PreferredAlternative.
. . . . . . . . . .
Develop Construction Cost Estimate for the PreferredAlternative.
ty,BAR..
Rand AYE. Prospect
al
Phase I Engineering Study
Work Hour Estimate
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Au a AYb �11W Drainage Problems
Review
........... .
............ . .
Storm Wa�ter Detention Anallysis
�9 Drainage a
Proposedmill
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. ... . ...... .
iPrepiai Location aStudy Dreview
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Photornetricr j' existing system
. . . . ..... . . . . . ........ . .
lidentifyproposedimprovements i
lPrepare Llighting Technical Memorandum inclusion in PDR,
r
Rand -Central -Mount Prospect
Phase I Engineering Study
Work Hour Estimate
Nomm
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Villfagee of Mount Prospect iCoordiniait�ion/status;Meetings including Kickoff
Meeting
.... .......
Assume 4 Mtgs x 2 ppil x 4, hours (Includles Mtg Prep and Sumirnalry)
==�� �-77 ...
)nterseict''llon Design Study
..... . . ........ . ...
. . ..... - - ....... .... - .... . I I I . . ....... . . . ........... - . . ....... . -- ....... . .......
Village Board Presentation (Includes material preparation and attendance
Roadway Improvement Plans, Special Provisions, and, Cost, Estimilatile
. ...............
P pi
. ..... . ........ .............. . ... ..
Ultility Coord*nation
Agency Coordination Meetings (Des Plaines, CCDOTH, NWMC (federall funding
opportunities)
...... . ....... ..........
Assume 4 rn�tgs x 2 ppl xi 4 hours (includes Mtg Prep, and Summary)
=7=7-77
...........
Stakeholder Coordination (Mount Prospect Plaza Owners, AdjacentBuisiniess Owners,
1,Affected Property Owners, etc.) ....... . ....
Assume 6 rntgs, x 2 ppl x 4 hours (includes Mer Prep and Summary)
IDOT/FHWA Coordiination Meetings
77777=7
Assume 2 Mtgs x 2 ppi x 4 houris, (includes Mtg Prep and Summiary)
. . . .................
Pubilic Meetings (InItIal and Final)
Prepa,re mlielet"Ing announcemient for use by Villa,ge to place in newispaper and, adto Village
webs" hrs each) ...... . . ........... . .... . ..... . . . .
Attend Dry Run meeting with Village (3 ppI x 3 hrs each)
Prepare exhibits and brochures for Public Meeting (40 hiloff' urs ltiall,i 68 hours final)
Attend Public Mveting. 4 ppl x 6 hours (each)
SUBTOTAL-.�
Prepare Preliminaryfor Village and IDOT review (includies compg
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lexhillibits and appendices, as applicable)
Revise P DR pe r Vil lage a, nd I DOT co m me nts
.............
Prepare copies and PDFs of Final" PDR,
SUBTOT, AL:
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�Project, Management and, QA reviews
rts
�Project status updates and progress, repoIrl
..... . . . ........ . .................... . ..... . ....... puw��
SUBTOTAL: A AML
)nterseict''llon Design Study
..... . . ........ . ...
Drainage Irnprovernents,
Roadway Improvement Plans, Special Provisions, and, Cost, Estimilatile
. ...............
. ..... . ........ .............. . ... ..
Ultility Coord*nation
. . .... . . . . ......................... . . ....
SUBTOTALl
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CHRISTOPHER B. BURKE ENGINEERING, LTD.
GENERAL TERMS AND CONDITIONS
1. Relationship Between Engineer and Client: Christopher B. Burke Engineering, Ltd.
(Engineer) shall serve as Client's 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. Nothing contained in this Agreement shall create a
contractual relationship with a cause of action in favor of a third party against either the
Client or Engineer.
Furthermore, causes of action between the parties to this Agreement pertaining to acts
of failures to act shall be deemed to have accrued and the applicable statute of
limitations shall commence to run not later than the date of substantial completion.
2. Res onsibili of the En ineer: Engineer will strive to perform services under this
Agreement in accordance with generally accepted and currently recognized engineering
practices and principles, and 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. 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.
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.
3. 'Changes: 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.
4. 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.
b. 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.
6. Documents Delivered to Client: Drawings, specifications, reports, and any other Project
Documents 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.
When and if record drawings are to be provided by the Engineer, Client understands that
information used in the preparation of record drawings is provided by others and
Engineer is not responsible for accuracy, completeness, nor sufficiency of such
information. Client also understands that the level of detail illustrated by record drawings
will generally be the same as the level of detail illustrated by the design drawing used for
project construction. If additional detail is requested by the Client to be included on the
record drawings, then the Client understands and agrees that the Engineer will be due
additional compensation for additional services.
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 format cannot be
accomplished without the introduction of 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 Engineer's 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.
7. Reuse of Documents: All Project Documents including but not limited to reports,
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.
The Engineer shall have the right to include representations of the design of the Project,
including photographs of the exterior and interior, among the Engineer's promotional and
professional materials. The Engineer's materials shall not include the Client's confidential
and proprietary information if the Client has previously advised the Engineer in writing of
the specific information considered by the Client to be confidential and proprietary.
8. 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.
9. Compliance With Laws: The Engineer will strive to exercise usual and customary
professional care in his/her 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 Engineer's alleged failure to meet ADA requirements prescribed.
Further to the law and code compliance, the Client understands that the Engineer will
strive to provide designs in accordance with the prevailing Standards of Practice as
previously set forth, but that the Engineer does not warrant that any reviewing agency
having jurisdiction will not for its own purposes comment, request changes and/or
additions to such designs. In the event such design requests are made by a reviewing
agency, but which do not exist in the form of a written regulation, ordinance or other
similar document as published by the reviewing agency, then such design changes (at
substantial variance from the intended design developed by the Engineer), if effected
and incorporated into the project documents by the Engineer, shall be considered as
Supplementary Task(s) to the Engineer's scope of Service and compensated for
accordingly.
10. Indemnification: Engineer shall indemnify and hold harmless Client up to the amount of
this contract fee (for services) from loss or expense, including reasonable attorney's fees
for claims for personal injury (including death) or property damage to the extent caused
by the sole negligent act, error or omission of Engineer.
Client shall indemnify and hold harmless Engineer under this Agreement, from loss or
expense, including reasonable attorney's fees, for claims for personal injuries (including
death) or property damage arising out of the sole negligent act, error omission of Client.
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.
11. 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/her opinions of probable Project
Construction Cost provided for herein are to be made on the basis of his/her experience
and qualifications and represent his/her 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/her. 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.
12. Governing Law & Dispute Resolutions: This Agreement shall be governed by and
construed in accordance with Articles previously set forth by (Item 9 of) this Agreement,
together with the laws of the State of Illinois.
4
C19
Any claim, dispute or other matter in question arising out of or related to this Agreement,
which can not be mutually resolved by the parties of this Agreement, shall be subject to
mediation as a condition precedent to arbitration (if arbitration is agreed upon by the
parties of this Agreement) or the institution of legal or equitable proceedings by either
party. If such matter relates to or is the subject of a lien arising out of the Engineer's
services, the Engineer may proceed in accordance with applicable law to comply with the
lien notice or filing deadlines prior to resolution of the matter by mediation or by
arbitration.
The Client and Engineer shall endeavor to resolve claims, disputes and other matters in
question between them by mediation which, unless the parties mutually agree otherwise,
shall be in accordance with the Construction Industry Mediation Rules of the American
Arbitration Association currently in effect. Requests for mediation shall be filed in writing
with the other party to this Agreement and with the American Arbitration Association. The
request may be made concurrently with the filing of a demand for arbitration but, in such
event, mediation shall proceed in advance of arbitration or legal or equitable
proceedings, which shall be stayed pending mediation for a period of 50 days from the
date of filing, unless stayed for a longer period by agreement of the parties or court
order.
The parties shall share the mediator's fee and any filing fees equally. The mediation shall
be held in the place where the Project is located, unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement
agreements in any court having jurisdiction thereof.
13. 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.
14. 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.
15. 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 kind, matter or
description whatsoever, made by either 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.
15. 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".
5
17. Severability 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.
18. 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.
19. Subcontracts: Engineer may subcontract portions of the work, but each subcontractor
must be approved by client in writing.
20. Access and Permits: 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.
21. Desiqnation 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.
22. 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 business or such other address as either party shall hereafter furnish to
the other party by written notice as herein provided.
23. Limit of Labs: 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 are 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.
s
24. Client's Responsibilities: The Client agrees to provide full information regarding
requirements for and about the Project, including a program which shall set forth the
Client's objectives, schedule, constraints, criteria, special equipment, systems and site
requirements.
The Client agrees to furnish and pay for all legal, accounting and insurance counseling
services as may be necessary at any time for the Project, including auditing services
which the Client may require to verify the Contractor's Application for Payment or to
ascertain how or for what purpose the Contractor has used the money paid by or on
behalf of the Client.
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,
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. The Client also
agrees to require the Contractor to provide to the Engineer the required certificate of
insurance.
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 noncontributing 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 specific 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.
25. 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.
28. 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 (B0) days, including court costs and reasonable attorney's
fees, as well as costs attributed to suspension of services accordingly and as follows:
Collection Costs. 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.
Suspension of Services. 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 4 of} this Agreement.
27. When construction observation tasks are part of the service to be performed by the
Engineer under this Agreement, the Client will include the following clause in the
construction contract documents and Client 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 Worker's
Compensation Act, court interpretations of said Act or otherwise; and to the
fullest extent permitted by law, agrees to indemnify and hold harmless and
defend Owner and Engineer and their agents, employees and consultants (the
"Indemnitees") from and against all such loss, expense, damage or injury,
including reasonable attorneys' fees, that the indemnitees may sustain as a result
of such claims, except to the extent that Illinois law prohibits indemnity for the
Indemnitees' own negligence. The Owner and Engineer are designated and
recognized as explicit third party beneficiaries of the Kotecki Waiver within the
general contract and all subcontracts entered into in furtherance of the general
contract.
28. Job Site Safety/Supervision & Construction Observation: The Engineer shall neither
have control over or charge of, nor be responsible for, the construction means, methods,
techniques, sequences of procedures, or for safety precautions and programs in
connection with the Work since they are solely the Contractor's rights and
responsibilities. The Client agrees that the Contractor shall supervise and direct the work
efficiently with his/her best skill and attention; and that the Contractor shall be solely
responsible for the means, methods, techniques, sequences and procedures of
construction and safety at the job site. The Client agrees and warrants that this intent
shall be carried out in the Client's contract with the Contractor. The Client further agrees
that the Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the work; and that the Contractor
shall take all necessary precautions for the safety of, and shall provide the necessary
protection to prevent damage, injury or loss to all employees on the subject site and all
other persons who may be affected thereby. The Engineer shall have no authority to stop
the work of the Contractor or the work of any subcontractor on the project.
When construction observation services are included in the Scope of Services, the
Engineer shall visit the site at intervals appropriate to the stage of the Contractor's
operation, or as otherwise agreed to by the Client and the Engineer to: 1) become
generally familiar with and to keep the Client informed about the progress and quality of
the Work; 2) to strive to bring to the Client's attention defects and deficiencies in the
Work and; 3) to determine in general if the Work is being performed in a manner
indicating that the Work, when fully completed, will be in accordance with the Contract
Documents. However, the Engineer shall not be required to make exhaustive or
continuous on-site inspections to check the quality or quantity of the Work. if the Client
desires more extensive project observation, the Client shall request that such services
be provided by the Engineer as Additional and Supplemental Construction Observation
Services in accordance with the terms of this Agreement.
The Engineer shall not be responsible for any acts or omissions of the Contractor,
subcontractor, any entity performing any portions of the Work, or any agents or
employees of any of them. The Engineer does not guarantee the performance of the
Contractor and shall not be responsible for the Contractor's failure to perform its Work in
accordance with the Contract Documents or any applicable laws, codes, rules or
regulations.
When municipal review services are included in the Scope of Services, the Engineer
(acting on behalf of the municipality), when acting in good faith in the discharge of its
duties, shall not thereby render itself liable personally and is, to the maximum extent
permitted by law, relieved from all liability for any damage that may accrue to persons or
property by reason of any act or omission in the discharge of its duties. Any suit brought
against the Engineer which involve the acts or omissions performed by it in the
enforcement of any provisions of the Client's rules, regulation and/or ordinance shall be
defended by the Client until final termination of the proceedings. The Engineer shall be
entitled to all defenses and municipal immunities that are, or would be, available to the
Client.
29. Insurance and Indemnification: The Engineer and the Client understand and agree that
the Client will contractually require the Contractor to defend and indemnify the Engineer
and/or any subconsultants from any claims arising from the Work. The Engineer and the
Client further understand and agree that the Client will contractually require the
Contractor to procure commercial general liability insurance naming the Engineer as an
additional named insured with respect to the work. The Contractor shall provide to the
Client certificates of insurance evidencing that the contractually required insurance
coverage has been procured. However, the Contractor's failure to provide the Client with
the requisite certificates of insurance shall not constitute a waiver of this provision by the
Engineer.
The Client and Engineer waive all rights against each other and against the Contractor
and consultants, agents and employees of each of them for damages to the extent
covered by property insurance during construction. The Client and Engineer each shall
require similar waivers from the Contractor, consultants, agents and persons or entities
awarded separate contracts administered under the Client's own forces.
30. Hazardous Materials/Pollutants: Unless otherwise provided by this Agreement, the
Engineer and Engineer's consultants shall have no responsibility for the discovery,
presence, handling, removal or disposal of or exposure of persons to hazardous
materials/pollutants in any form at the Project site, including but not limited to
mold/mildew, asbestos, asbestos products, polychlorinated biphenyl (PCB) or other
toxicthazardous/pollutant type substances.
Furthermore, Client understands that the presence of mold/mildew and the like are
results of prolonged or repeated exposure to moisture and the lack of corrective action.
Client also understands that corrective action is a operation, maintenance and repair
activity for which the Engineer is not responsible.
June 13, 2005
P:1ProposalsWerms and ConditionMGT&C 2005.061305.doc
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