Inspection Services Agreement TMobile AntennasDIXON
IXON
5307 South 92nd Street
Suite 125
Hales Corners, WI 53130
ENGINEERING & INSPECTION SERVICES
Telephone: (414) 529-1859
FOR THE COATING INDUSTRY
Fax: (414) 529-3120
Proposal/Contract Agreement for Antennas
T -Mobile (CH55047E) Upgrade -- Oak Brook, Illinois
Tower Drive Spheroid 13-22-24-03
The Proposal is between Dixon Engineering, Inc. (DIXON) and Oak Brook, Alinois (OWNER)
to contract with DIXON for technical services for T -Mobile (CONTRACTOR). This agreement
inclusive together with any expressly incorporated appendix or Schedule, constitutes the entire
agreement between Owner and Engineer and supersedes all prior written or oral understandings.
This Agreement may only be amended, supplemented, modified, or canceled by a duly executed
written instrument. This agreement includes pages 1 through 4 and Schedules A, B, and C.
1.01 Payment
DIXON shall provide, or cause to be provided, services detailed in Scope of Services and
OWNER agrees to pay DIXON as compensation for their services the (not to
exceed/lump sum) fee of Five Tbousand Six Hundred Fifty dollars $5.650. Terms of
charges and payments per details in Schedule B. (Prices quoted are subject to change 90
days after proposal date, if not contracted.)
2.01 SCOPE OF SERVICES
Design Review. Attend a Precon Meeting. and Installation Inspections
3.01 SIGNATURES
Members: Society of Protective Coatings • American Water Works Association • Consulting
Engineers Council
4.01 ADDITIONAL SERVICES
A. If additional services are Requested and authorized by the OWNER which are not
within the proposed Scope of Services or because of changes in the Project, these
additional services will be on a time and material basis per fee schedule of attached
SCHEDULE C.
B. Delay by the Contractor in completing the work, which is the responsibility of the
Contractor and which extends the amount of time required for DIXON to complete
their work, will be charged as an Additional Service.
C. Failure by the Contractor to notify DIXON of the necessity to change inspection
dates more than twenty-four (24) hours in advance and which results in unnecessary
travel and/or expense to DIXON shall cause this travel and expense to be charged as
Additional Service.
D. Failure by the Contractor to Meet Specifications and/or to complete work prior to
requesting an inspection is considered a failed inspection. Services provided by
DIXON during or for a failed inspection include travel, inspector, and project
manager time will be charged as an Additional Service.
5.01 Termination
A. The obligation to provide further services under this Agreement may be terminated:
1. For cause,
a. By either party upon thirty (30) days written notice in the event of substantial
failure by the other party to perform in accordance with the Agreement's
terms through no fault of the terminating party. Agreement will not terminate
as a result of substantial failure under paragraph 5.0I.A. La if the party
receiving such notice begins, within seven (7) days of receipt of such notice,
to correct its failure and proceeds diligently to cure such failure within no
more than thirty (30) days of receipt of notice; provided, however, that if and
to the extent such substantial failure cannot be reasonably cured within such
thirty (30) day period, and if such party has diligently attempted to cure the
same and thereafter continues diligently to cure the same, then the cure period
provided for herein shall extend up to, but in no case more than, sixty (60)
days after the date of receipt of the notice.
b. By DIXON upon seven days written notice:
1) If Owner fails to pay invoices by 60 days.
2) Upon seven(7) days written notice if the DIXON's services for the Project
are delayed or suspended for more than ninety (90) days for reasons
beyond DIXON's control.
3) If DIXON believes that Engineer is being requested by Owner to furnish
or perform services contrary to engineer's responsibilities as a licensed
professional.
4) DIXON shall have no liability to Owner on account of such termination.
2. For Convenience,
a. By OWNER effective upon the receipt of notice by DIXON.
B. The terminating party may set the effective date of termination at a time up to thirty
(30) days later to allow Engineer to demobilize personnel and equipment from the
Project site, to complete tasks whose value would otherwise be lost, to prepare notes
as to the status of completed and uncompleted tasks, and to assemble Project
materials in orderly files.
6.01 Controlling Law
A. This Agreement is to be governed by the law of the state in which the Project is
located.
7.01 Successors, Assigns, and Beneficiaries
A. OWNER and DIXON and their successors are hereby bound to successors and legal
representatives of the other to the extent permitted by law in respect of all covenants,
agreements, and obligations of this Agreement.
B. Neither OWNER nor DIXON may assign, sublet, or transfer any rights under or
interest (including, but without limitation, moneys that are due or may become due)
in this Agreement.
8.01 General Considerations
A. The Standard of Care for all professional engineering and related services
performed or furnished by DIXON under this Agreement will be the care and skill
ordinarily used by members of the subject profession practicing under similar
circumstances at the same time and in the same locality. DIXON makes no
warranties, expressed or implied, under this Agreement or otherwise, in connection
with DIXON's services. DIXON and its consultants may use or rely upon the design
services of others, including, but not limited to, contractors, manufacturers, and
suppliers.
B. DIXON shall Not at any time Supervise, direct, or have control over any of the
Contractor's work, nor shall DIXON have authority over or responsibility for the
means, methods, techniques, sequences, or procedures of construction selected or
used by any contractor, for safety precautions and programs incident to contractor's
work progress, nor for any failure of any contractor to comply with laws and
regulations applicable to contractor's work.
C. Engineer does not guarantee the performance of any contractor and does Not Assume
Responsibility for any contractor's failure to furnish and perform its work in
accordance with the contract between Owner and such contractor.
D. Engineer shall Not be Responsible For the acts or Omissions of any Contractor,
subcontractor, or supplier, or of any contractor's agents or employees or any other
persons (except Engineer's own employees) at the Project site or otherwise furnishing
or performing any of the construction work; or for any decision made on
interpretations or clarifications of the construction contract given by Owner without
consultation and advice of Engineer.
E. The General Conditions for any construction contract documents prepared
hereunder are to be the "Standard General Conditions of the Construction Contract"
as prepared by the Engineers Joint Contract Documents Committee (No. C-700, 2007
Edition) or equally protective document provided by Owner.
F. All Design Documents prepared or furnished by DIXON are instruments of service,
and DIXON retains an ownership and property interest (including the copyright and
the right of reuse) in such documents, whether or not the Project is completed.
G. DIXON agrees to Indemnify, hold harmless, and defend (or pay the Owner for the
costs of defense if the Owner so desires in its sole discretion) the Owner and any of
its officers, employees, or agents from and against all liability, claims, demands, and
causes of action arising out of or related to any loss, damage, injury, death, or loss or
damage to property resulting from any negligence, errors or omissions by the DIXON
in the performance of this Agreement.
In the event of joint or concurrent negligence of DIXON and Owner, each shall bear
that portion of the loss or expense that its share of the joint or concurrent negligence
bears to the total negligence (including that of third parties) which caused the
personal injury or property damage.
H. The parties acknowledge that DIXON's scope of services does not include any
services related to a Hazardous Environmental Condition (the presence of
asbestos, PCBs, petroleum, hazardous substances or waste, and radioactive materials).
DIXON acknowledges that some hazardous metals may be encountered in coatings.
DIXON agrees to obtain and maintain, for the term of this Agreement, and for a
period of twelve (12) months after the services contracted for hereunder have been
completed, insurance hereinafter provided, furnishing a certificate or certificates of
insurance to the Owner prior to commencing work under this Agreement. The
certificate or certificates of insurance shall be in a form satisfactory to the Owner
from companies authorized to do business in Illinois and shall provide that the
policies referred to shall not be canceled or changed without first giving thirty (30)
days written notice thereof to the Owner. Said insurance requirements are attached as
Appendix I and made a part of this Agreement ('REQUIRED INSURANCE
POLICIES").
The Owner shall be named as an additional insured and a cancellation notice recipient
on all Required Insurance Policies.
8.02 Severability
A. If any clause or paragraph or sentence is found to be in opposition to any law in the state
of the Project, that clause or paragraph or sentence may be severed from the
Agreement with no effect on remaining clauses.
8.03 Headings
A. Article and paragraph headings are inserted for convenience only and do not
constitute parts of these General Conditions. Words in the first sentence are in bold
to act as secondary headings and should not be interpreted any different than a
numbered heading.
APPENDIX I
Insurance
Engineer shall maintain for the term of this Agreement, and for a period of twelve months
after the services is contracted for hereunder have been completed, insurance policies covering:
Workers Compensation: Statutory.
Employers Liability Insurance:
$1,000,000 injury -per occurrence
$500,000 disease -per employee
$1,000,000 disease -policy limit
Such insurance shall evidence that coverage applies in the State of Illinois.
3. Comprehensive General Liability Insurance:
$2,000,000 per occurrence combined single limit. Coverages shall include Broad
Form Property Damage Endorsements and Blanket Contractual Liability (must
expressly cover the indemnity provisions of the Agreement).
4. Comprehensive Automobile Liability Insurance:
$1,000,000 combined single limit, any auto.
Professional Liability Insurance (errors and omissions):
$1,000,000 per claim and $2,000,000 in aggregate.
6. Umbrella or excess liability:
The required coverages may be in any combination of primary, excess, and
umbrella policies. Any excess or umbrella policy must provide excess coverage
over underlying insurance on a following -form basis such that when any loss
covered by the primary policy exceeds the limits under the primary policy, the
excess or umbrella policy becomes effective to cover such loss.
Engineer will provide the Village with a certificate of insurance and additional
insured endorsement showing the Village added to the General Liability Insurance
as an additional insured.
8. Coverage shall not be suspended, voided, canceled, or reduced except after thirty
(30) days prior written notice by certified mail has been given to the Village. If a
standard Certificate of Insurance form is used with a cancellation clause, the
words "endeavor to" and "but failure to mail such notice shall impose no
obligation or liability of any kind upon the company, its agents or representatives"
will be stricken or crossed out.
SCHEDULE A
T -Mobile (CH55047E) Upgrade — Oak Brook, Illinois
Tower Drive Spheroid 13-22-24-03
I. Design and Plan Review:
a. Staff Engineer to review designs created by others. No calculations or
Professional Engineering seal are included.
II. Site Work for
a. Attend and participate in a Preconstruction Meeting.
b. Perform Installation inspections as the project progresses and a final post
inspection to compare with design criteria. These inspections include letter report
and photographs.
SCHEDULE B
T -Mobile (CH55047E) Upgrade — Oak Brook, Illinois
Tower Drive Spheroid 13-22-24-03
I. PAYMENT
a. When service is rendered Owner shall pay DIXON the following line item prices:
i. Schedule A, Item I, Design and Plan Review, the lump sum of $1,450.
b. Owner shall pay DIXON the following line items times the number of units used:
i. Schedule A, Item II
1. (1) Preconstruction Meeting $11,050 per meeting
2. (3) Installation Inspections $1,050 per inspection
II. INVOICES
a. Invoices will be compiled monthly.
b. All DIXON services that are outstanding more than thirty (30) days from date of
issue shall be assessed (DIXON's favor) one and a half percent (1.5%) per month
interest starting from 30 days after date of issue.
SCIIIEDULF C
Antennas and Northern Wisconsin
E.niplo3ce Billable Rates and Terms
Labor Class Per flour Overtime Rate"
Principal . ......... ............................... . ..............................5259.00
Expert Witness ((office, Travel & Court) .......... ..............................$250.00
$250.00
Associate....................... — ................. ......................--....5181.00 ..............................$270.00
ProjectManager ....................................... ................._.__......$155.00 ..............................$233.00
Assistant Project Manager................. .......... ..............................$104.00 ..................... S158.00
Registered Professional Engineer ................... ..............................5155.00 ..............................$233.00
Structural Engineer .................................... ..............................$155.00 ..............................5233.00
Staff Engineer........ _ ................................ ..............................$129.00 ..............................$195.50
C AWI or CNVI f'i'elding Inspector .................. ..............................5129.00 ..............................$195.50
Certified NACE Inspector ... — .... ........ ..............................$129.00 ..............................$195.50
Inspector Level III .......................... ....... ...........................$98.00 ..............................$150.50
Inspector - Level 11 .................................... ................................ SUA) $135.50
InspectorTxvel I .................................... ................................$78.00 ..............................$120.50
Contract Support Staff......... ....................._. ..............................$104.00 ..............................$158.00
Project or Board Nle,:tingq ........................... ......Time & Expenses Including Preparation Time"
*All Saturday, Sunday, and holiday inspections, plus any time over 40 hours per week are at overtime rate.
Overtime rate is I I,' times the hourly rate. Overtime rate does not apply to Principal.
"All meetings field on Saturday, Sunday. or holidays arc considered overtime for invoicing purposes.
J." Xperses Metropolitan Out -State
.Mileage ............ ............... .................. ........... $0.70"mile - tolls ...................50.60 mile
Meals & 1,odging......................................
Without Lodging ...................... — ..............
AirTravel .............................................
...........$155.00 per them ...........$145.00 per diem
turay be increased based on location)
..540.00 per diem ............535.00 per diem
...Business Fare front Chicago O'Hare or Milwaukee
- full size car rental
Material (gaskets, cathodic caps, light bulbs, vent screens, etc.) .....................Labor & Material + 20%
FEES EFFECTIVETHROUGH! December 31. 2018
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