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R-1163 - 03/13/2012 - WATER MAIN CONTRACT - ResolutionsRESOLUTION 2012-WA-MAIN-CNTRCT-EX1 -R-1 163 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES RELATING TO THE 2012 WATER MAIN REPLACEMENT PROJECT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND JAMES J. BENES AND ASSOCIATES, INC. WHEREAS, the water mains in parts of the York Woods subdivision are in need of replacement; and WHEREAS, the Village desires to retain an engineer to provide engineering consulting and inspection services ( "Engineering Services ") to ensure that the construction of the water mains is done properly and satisfies the Village's specifications; and WHEREAS, James J. Benes and Associates, Inc. ( "Benes ") previously provided satisfactory engineering services to the Village during the design and bidding phases of the 2012 Water Main Replacement Project ( "Project'); and WHEREAS, pursuant to the Local Government Professional Services Selection Act ( "Act'), 50 ILCS 510/0.01 et seq., and Section 1 -7-6 of the Village Code, the Village is not required to follow the notice, evaluation, and selection procedures set forth in the Act for engineering services provided by engineers that have a satisfactory relationship with the Village; and WHEREAS, the Village and Benes desire to enter into and execute an agreement for Benes to provide the Village with Engineering Services ( "Agreement'), attached hereto as Exhibit A; and WHEREAS, the President and Board of Trustees have determined that it is in the best interests of the Village to enter into the Agreement in a final form approved by the Village Manager and the Village Attorney; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Approval of the Agreement. The President and Board of Trustees hereby approve the Agreement by and between the Village and Benes. Section 3: Authorization and Execution of the Agreement. The Village President and Village Clerk shall be, and hereby are, authorized to execute the final Agreement on behalf of the Village after review and approval of the final form of the Agreement by the Village Manager and the Village Attorney. Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] APPROVED THIS 13" day of March, 2012 Gopal G. Lalmalani Village President PASSED THIS 13S' day of March, 2012 Ayes: Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis None Absent: None ATTEST: Charlotte K. Pruss Village Clerk EXHIBIT A AGREEMENT PROFESSIONAL ENGINEERING AGREEMENT VILLAGE OF OAK BROOK 2012 WATER MAIN REPLACEMENT CONSTRUCTION ENGINEERING THIS AGREEMENT, made and entered into this ) J� day of 1 ' o / oli-, 2012, by and between James J Benes and Associates. Inc., (hereinafter referred to as "ENGINEER ") and the Village of Oak Brook, a municipal corporation (hereinafter referred to as "VILLAGE ") covers certain professional construction engineering services in connection with the 2012 Water Main Replacement Project (hereinafter referred to as "PROJECT"). The VILLAGE wishes to retain ENGINEER for these certain professional construction engineering services and ENGINEER is willing to perform such services for the compensation and in accordance with the terms and conditions described in this Agreement. NOW, THEREFORE, in consideration of the mutual benefits, covenants and agreements contained within this Agreement, the parties agree as follows: SCOPE OF SERVICES ENGINEER agrees to perform construction engineering consulting services as defined in the Scope of Services attached as Appendix I and made a part of this Agreement. 2. COMPENSATION AND PAYMENT VILLAGE shall pay ENGINEER for all services stipulated within this Agreement according to the Compensation Schedule attached as Appendix 11 and made a part of this Agreement. VILLAGE shall make payment to ENGINEER upon receipt of ENGINEER'S monthly invoice. The invoice shall consist of a summary of direct labor hours by ENGINEER'S standard job classification times the respective factors as depicted in Appendix 11 plus listing hourly rate. The invoice will state the phase of work for which it applies, if a multi- phase scope is used (e.g., design, construction, etc.). If VILLAGE identifies an item in the invoice that appears to be in error, VILLAGE may withhold the amount in question, pay the balance of the invoiced amount, and provide ENGINEER with a statement concerning the questioned item. Alternatively, VILLAGE may pay the invoiced amount in full, provide ENGINEER with a statement of the questioned item, and an adjustment, if appropriate, will be made in the next subsequent invoice submitted by ENGINEER. ENGINEER will mark "Invoice number _ and final" on the invoice which closes out this contract or a phase of the contract. If VILLAGE fails to make any payment due ENGINEER for services and expenses, including amounts wrongly withheld, within forty -five (45) days after submittal of ENGINEER'S billing thereof, the amounts due ENGINEER shall include a charge at the rate of one percent (1.0 %) per month from, such forty-fifth (45th) day; and, in addition, the Page 1 ENGINEER may, after giving seven (7) days written notice to VILLAGE, suspend services under this Agreement until it has been paid in full the amounts due it for services and expenses. During the period of any such suspension, the parties shall have the same rights and obligations as are provided by Subsection 5(e) of this Agreement ( "Suspension of Services "). 3. TIME SCHEDULE The services required by this Agreement shall be completed in accordance with the Time Schedule attached as Appendix III and made a part of this Agreement. 4. TERM OF AGREEMENT Unless extended by amendment, this Agreement shall terminate at the time of receipt of final payment by the ENGINEER, provided that all warranties and representations shall survive said final payment. 5. GENERAL TERMS AND CONDITIONS a. Modification The nature and the scope of services specified in this Agreement may only be modified by written amendment to this Agreement, including deviation of Section 3, approved by both parties. b. Relationship between ENGINEER and VILLAGE ENGINEER shall serve as VILLAGE'S professional design and engineering consultant in those phases of the PROJECT to which this Agreement applies. The relationship is that of a buyer and seller of professional services, and it is understood that the parties have not entered into any joint venture or partnership with the other. C. Responsibility of the ENGINEER All plans and other documents furnished by the ENGINEER pursuant to this Agreement shall be endorsed by him and shall show his professional seal where such is required by law. Notwithstanding anything to the contrary which may be contained in this Agreement or any other material incorporated herein by reference, or in any agreement between VILLAGE and any other party concerning the PROJECT, ENGINEER shall not have control or be in charge of and shall not be responsible for the means, methods, techniques, sequences or procedures of construction, or the safety, safety precautions or programs of VILLAGE, the construction contractor, other contractors or subcontractors performing any of the work or providing any of the services on the PROJECT, except for Engineer's subcontractors, nor shall ENGINEER be responsible for the acts or omissions of VILLAGE provided that the ENGINEER has properly executed his duties. ENGINEER shall not be responsible for the failure of VILLAGE, any other ENGINEER, consultant, contractor or subcontractor, except for Engineer's Page 2 e. subcontractors, to carry out their respective responsibilities in accordance with the PROJECT documents, or any other agreement concerning the PROJECT. Any provision which purports to amend this provision shall be without effect unless it contains a reference that the content of this Subsection 5(c) is expressly amended for the purposes described in such amendment and is signed by ENGINEER. Corrections In the event plans are found to be in error and revisions of the plans are necessary, the ENGINEER agrees that it shall perform such plan revision work without expense to the VILLAGE, even though it has received final payment. It shall give immediate attention to these changes so there will be a minimum delay to the contractor. Suspension of Services VILLAGE may, at any time, by written order to ENGINEER (Suspension of Services Order), require ENGINEER to stop all, or any part of, the services required by this Agreement. Upon receipt of such an order, ENGINEER shall immediately comply with its terms and take all reasonable steps to minimize the occurrence of costs allocable to the services covered by the order. VILLAGE, however, shall pay all costs associated with suspension, including all costs necessary to maintain continuity and the staff required to resume the services upon expiration of the suspension of services order. In the event the period of any suspension exceeds thirty (30) days, VILLAGE shall reimburse ENGINEER for the costs as itemized, if any, of such suspension and re- mobilization. ENGINEER will not be obligated to provide the same personnel employed prior to suspension when the services are resumed, Termination 1) Either party to this Agreement shall have the right to terminate this Agreement with cause upon serving thirty (30) days written notice upon the other party. 2) Upon such termination, the liabilities of the parties to this Agreement shall cease, but they shall not be relieved of the duty to perform their obligations up to the date of termination. All warranties and the provisions of Section 5, Paragraph I ( "Indemnification ") shall be in full force and effect after termination. 3) Upon such termination, ENGINEER shall cause to be delivered to the VILLAGE all drawings, specifications, partial and completed estimates, and any and all other data concerning the PROJECT that ENGINEER is then accomplishing for the VILLAGE. ENGINEER shall be paid for any services completed and any services partially completed in accordance with Sections 2 and 3. Page 3 g. Warranties In addition to the covenants herein made, the ENGINEER warrants: 1) That it shall render planning and design services in accordance with generally accepted and currently recognized design and engineering practices and principles. h. Representations In addition to the covenants herein made, the ENGINEER represents and agrees: 1) That all plans and special provisions to be furnished by the ENGINEER pursuant to this Agreement shall be in accordance with the current standard specifications and policies of the VILLAGE, it being understood that all such plans and drafts shall, before being finally accepted, be subject to approval by the VILLAGE. 2) That it has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach or violation of this warranty, the VILLAGE shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 3) That it is qualified technically and is conversant with the policies applicable to the PROJECT; and that it has and will furnish sufficient, properly trained and experienced personnel to perform the services enumerated herein. 4) That it will not employ, for the duration of this Agreement, any person presently employed by the VILLAGE without the written consent of the VILLAGE. Documents Property of VILLAGE Drawings, specifications, reports, and any other documents prepared by ENGINEER in connection with any or all of the services furnished hereunder shall be the property of VILLAGE. ENGINEER shall have the right to retain copies of all documents and drawings for its files. All construction drawings shall be prepared on 24" x 36" mylar sheets (maximum size), and CAD file, or any other format acceptable to the Village. If construction services are a part of the ENGINEER'S work, it will receive and assemble as- builts (prepared by the Contractor to show "As- Built" conditions) Page 4 k. and will deliver them to the VILLAGE within thirty (30) days after completion of construction and before final payment to the ENGINEER. ENGINEER will stamp these drawings "Record Drawings ". If construction services are not part of the ENGINEER'S work, it will deliver the original drawings to the VILLAGE upon request and before final payment to the ENGINEER. Access to Records The ENGINEER shall maintain all books, documents, papers, accounting records and other evidence pertaining to its costs incurred by reason of this Agreement and agrees to make such material available, at its office at the address indicated in Section 5, Paragraph u of this Agreement, at all reasonable times during the life of this Agreement and for a period of three (3) years from the date of final payment of the obligations of this Agreement by the VILLAGE or such longer time as requested by the VILLAGE, for inspection by personnel of the VILLAGE, or any authorized representative of the VILLAGE, and copies thereof shall be furnished if requested. The cost of any copies shall be paid by the VILLAGE. Reuse of Documents All documents, including drawings and specifications furnished by ENGINEER pursuant to this Agreement, are intended for use on the PROJECT only. They should not be used or modified by VILLAGE or others on extensions of the PROJECT or any other project without specific written verification or adaptation by ENGINEER. Any reuse or modification without written verification or adaptation by ENGINEER shall be at VILLAGE's sole risk, and VILLAGE shall indemnify and hold harmless ENGINEER from all claims, damages, loses, and expenses, including reasonable attorneys' fees, arising out of or resulting from such unauthorized reuse or modification. Indemnification ENGINEER agrees to indemnify and hold the VILLAGE and any of its officers, employees, or agents harmless from and against any damage, liability or costs (including reasonable attorney's fees and costs of defense), caused by the Architect's negligence, errors or omissions in the performance of this Agreement, unless such loss, damage, injury, or loss or damage to property results from or arises out of the negligent acts or omissions by the VILLAGE or its officers, employees or agents. VILLAGE agrees to indemnify and hold the ENGINEER harmless from and against any damage, liability or costs (including reasonable attorney's fees and costs of defense), caused by the Village's negligence, errors or omissions in the performance of this Agreement, unless such loss, damage, injury, or loss or damage to property results from or arises out of the negligent acts or omissions by the ENGINEER or its officers, employees or agents. In the event of joint or concurrent negligence of ENGINEER and VILLAGE, each shall bear that portion of the loss or expense that its share of the joint or Page 5 concurrent negligence bears to the total negligence (including that of third parties) which caused the personal injury or property damage. M. Entire Agreement This Agreement sets forth all the covenants, conditions and promises between the parties. There are no covenants, promises, agreements, conditions or understandings between the parties, either oral or written, other than those contained in this Agreement. n. Governing Law This Agreement shall be governed by the laws of the State of Illinois both as to interpretation and performance. o. Successors and Assigns The terms of this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns; provided, however, that neither party shall assign this Agreement in whole or in part without the prior written approval of the other. p. Waiver of Contract Breach The waiver by one party of any breach of this Agreement or the failure of one party to enforce at any time, or for any period of time, any of the provisions hereof, shall be limited to the particular instance, shall not operate or be deemed to waive any future breaches of this Agreement, and shall not be construed to be a waiver of any provision, except for the particular instance. Severability of Invalid Provisions If any provisions of this Agreement shall be held to contravene or be invalid under the laws of any particular State, County or jurisdiction where applicable, such contravention shall not invalidate the entire Agreement, but it shall be construed as if not containing the particular provision or provisions held to be invalid in the particular State, County or jurisdiction, and the rights or obligations of the parties hereto shall be construed and enforced accordingly. Force Majeure Neither VILLAGE nor ENGINEER shall be liable for any fault or delay caused by any contingency beyond their control, including, but not limited to, acts of God, wars, strikes, walkouts, fires, or natural calamities. S. Access and Permits VILLAGE shall arrange for ENGINEER to enter upon Village private property and shall obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the PROJECT. Page 6 Designation of Authorized Representatives Each party shall designate one or more persons to act with authority in its behalf in respect to appropriate aspects of the PROJECT. The persons designated in section 5, paragraph u ( "Address for Notices "), shall review and respond promptly to all communications received from the other party. U. Address for Notices Whenever it is provided in this Agreement that notice shall be given or other communication sent to ENGINEER, such notices or communications shall be delivered or sent to: JAMES J. BENES AND ASSOCIATES, INC 950 Warrenville Road Lisle, IL 60532 Attn: Thomas Adomshick, P.E. Whenever it is provided in this Agreement that notice shall be given or other communication sent to the VILLAGE, such notices or communications shall be delivered or sent to: VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523 Attn: Director of Public Works Notices personally delivered or sent via U.S. Mail, postage prepaid, shall be deemed, for all purposes, proper notice. V. Insurance ENGINEER agrees to obtain and maintain, for the term of this Agreement, and for a period of twelve (12) months after the services contracted for hereunder have been completed, insurance hereinafter provided, furnishing a certificate or certificates of insurance to the VILLAGE prior to commencing work under this Agreement. The certificate or certificates of insurance shall be in a form satisfactory to the VILLAGE from companies authorized to do business in Illinois and shall provide that the policies referred to shall not be canceled or changed without first giving thirty (30) days written notice thereof to the VILLAGE. In no case shall the VILLAGE permit a lapse in required coverage, as noted in App. IV. Said insurance requirements are attached as Appendix IV and made a part of this Agreement. The VILLAGE shall be named as an additional insured. W. Additional Services ENGINEER shall supply such additional services as requested in writing by VILLAGE and agreed to by ENGINEER in connection with the PROJECT. ENGINEER shall submit separate proposals for furnishing these additional Page 7 services. Compensation for such additional services shall be negotiated by the parties and included in this Agreement by a written amendment. IN WITNESS WHEREOF, the parties set their hands and seals on the date first written above. VILLAGE OF OAK BROOK James J. Benes and Associates, Inc. Vice President Page 8 ATTEST: o� Se t APPENDIX i Scope of Services 2012 Water Main Replacement SECTION I: SCOPE OF WATER MAIN IMPROVEMENTS The 2012 Water Main Replacement project for the Village of Oak Brook consists of replacement of approximately 6,960 feet of existing 6 inch ductile iron water main with new 6 inch PVC water main and replacement of approximately 1,950 feet of existing 8 inch ductile iron water main with new 8 inch PVC water main in the York Woods Subdivision. The design of the improvement conforms to Village of Oak Brook water main standards, ISPE Standard Specifications for Water and Sewer Main Construction in Illinois, and Illinois Department of Transportation standards and specifications. The water main will be replaced on the following streets in York Woods: Chatham Lane Sheffield Lane from Windsor Drive to north end of Brighton Lane Windsor Drive from Dover Drive to north end Croydon Lane SECTION II: SCOPE OF CONSTRUCTION INSPECTION SERVICES A. Pre - construction Meeting: A pre-construction meeting will be attended with the VILLAGE and the construction contractor to review the project requirements, scheduling, sub - contractors, and other matters. A videotape of will be taken of the project site prior to the start of construction to serve as a record of pre - construction site conditions. B. Construction Observation: The ENGINEER will provide construction observation services during the time when the construction contractors are actually progressing with the work elements. This is to assure as closely as possible that all construction items are built in accordance with the plans and specifications. The services will be full -time or part-time depending upon the construction activity. One hundred forty (140) working days for the contractors have been estimated for this project. The man -hour estimate provides for the equivalent of 0.4 engineer and 1.0 technician time. The ENGINEER will maintain a daily record of the contractor's activities throughout construction including sufficient information to permit verification of the nature and cost of changes in plans and authorized extra work. The ENGINEER will provide copies of daily inspection reports to the VILLAGE. The ENGINEER will be responsible for handling all citizen concerns and complaints since the ENGINEER is on -site to inspect the work and coordinate the work with the contractors. (The VILLAGE is very customer (citizen)- oriented and demands a high caliber of service in this area.) An IDOT pre - qualified sub - consultant will be retained to perform hot mix asphalt and concrete materials Quality Assurance inspection and testing and Quality Assurance manager duties. The ENGINEER shall not assume any of the responsibilities of the Contractor, Contractor's superintendent or of Subcontractors; shall not expedite the work for the Contractor or subcontractors; and shall not advise on, or issue directions concerning aspects of construction means, methods, techniques, sequences or procedures, or safety precautions in connection with the work. Page 1 of 2 APPENDIX I Scope of Services 2012 Water Main Replacement SECTION II: SCOPE OF CONSTRUCTION INSPECTION SERVICES (cont.) The ENGINEER shall not enter excavated trenches. Any in- trench inspection of construction work shall be performed by others. Shop drawing review: ENGINEER will review material submittals, if any, and will forward them to the Village for approval. Review of any contractor's excavation or construction pit structural shoring or bracing design or details is not included in the scope of services. C. Construction Progress Meetings: The ENGINEER will conduct periodic progress meetings at the site at an appropriate interval, such as, bi- weekly. D. Partial and Final Payment Estimates: Partial and final payment estimates by the construction contractor will be reviewed and recommendations for action will be made by the ENGINEER. Payout forms in a format acceptable to the VILLAGE and IDOT shall be used. E. Change Orders: The ENGINEER will process change orders, as appropriate, for approval by the VILLAGE. F. Punch List and Final Inspection: The punch list for final project acceptance will be prepared in cooperation with the VILLAGE. After completion of the punch list items by the contractor, the final inspection with the VILLAGE, contractor and the ENGINEER will be made. G. Final Documents: The final contract quantities and cost will be prepared. Original mylar drawings of the construction plans will be revised to show "As- built" conditions and will be delivered to the VILLAGE. ENGINEER will stamp these drawings "Record Drawings." Page 2 of 2 APPENDIX II Compensation Schedule 2012 Water Main Replacement This is a cost plus with a not -to -exceed amount type of Agreement. Compensation will be based on an hourly rate basis with a "Not- To-Exceed" amount of $139,444. This amount shall not be exceeded unless there is a change in the scope, complexity, or character of the work and both parties shall agree in writing. Under these circumstances, adjustments in total compensation to the ENGINEER shall be determined through negotiation between the parties of the Agreement. The estimate of man -hours and costs for each task is provided on the following page. Reimbursement will be at the actual rate for the individuals working on the project. The current IDOT approved rate for Overhead and Payroll Burden is 140.00 percent (see attached letter) and will be used throughout the life of the Agreement. Direct cost items and other out -of- pocket expenses are estimated and listed on a following page. Reimbursement will be at the actual cost. Documentation for such direct expenses will be submitted with the ENGINEER's invoices. Page 1 of 4 2012 Water Main Replacement VILLAGE OF OAK BROOK ESTIMATE OF MANHOURS AND COSTS APPENDIX II Compensation Schedule (continued) JAMES J. GENES AND ASSOCIATES, INC. 950 Warrenville Road, Suite 101 Lisle, Illinois 60532 DATE: February 23, 2012 (630) 719 -7570 FAX (630) 719 -7589 CONSTRUCTION PHASE (2012) TOTAL PRINCIPAL ENGR. TECH. TOTAL DIRECT PAYROLL DIRECT TOTAL CATEGORY OF SERVICE HOURS PAYROLL COST • COST COST A. Pre - construction Meeting 8 Videotape 2 4 16 22 $603 $1,665 $305 $1,970 B. Construction Inspection 24 448 1120 1592 $41,008 $113,182 $5,214 $118,396 (based upon 140 working days) (0.4 Engineer, 1.0 Technician) C. ConsWc6on Progress Meetings(6) 4 12 12 28 $901 $2,488 $2,488 D. Partial and Final Payment Estimates 2 36 30 68 $1,983 $5,472 $5,472 E. Change Orders 4 30 30 64 $1,900 $5,243 $5,243 F. Punch List and Final Inspection 2 16 24 42 $1,181 $3,259 $3,259 G. Final Documents 2 12 12 26 $783 $2,162 $455 $2,617 TOTAL 40 558 1244 1842 $48,359 $133,470 $5,974 $139,444 PAYROLL PLUS OVERHEAD RATE OF 140.00% OF DIRECT PAYROLL AND FEE OF 15% OF DIRECT COST'NOT -TO- EXCEED' $139,444 PAYROLL AND OVERHEAD. APPENDIX II Compensation Schedule 2012 Water Main Replacement Illinois DeparbTa t of Trww portaWn 2300 3ouih Dir,.yen Par msy r Springfield, III ncis r 82764 March 34, 2011 SUbjecl: PRELIMINARY ENGfNEERING Consultant Unit Prequalification File Mr. Gary' L, Cottingham tiers, James J. & Assoc., Inc. 950 Warrenville Rd. Suite 101 Lisle, IL e4532- ❑ear Mr. Cottingham: We have completed our revie'ru of the Wporate and financial information portion O` your "Statement Of Experience and Financial Condition" (SEFC) which you submitted for the fiscal year ending December 31, 2010. Your firm's total annual transportation fee capacity will be $4,800,000. Your hrrr's payroll burden and Fringe expense rate and general and administrative expense rate totaling 140% are approved on a provis onal basis. The actual rate used in agreement negotiations may be dam mined !y our Bureau of Budget and Fiscal Management In a pre-award audit- Your firm is required -o report to this office any additions or deletions of your licensed professional steff or any other key personnel that would affect your firm's prequalification in a Pailicular category_ Tnis report must be submitted within 1S calendar days of the change. Your firm is prequalified until Oecemher 31, 2011. You will be given an additional six months from this date to submit the Corporate and Financial Information portion of the "Statement of Experience ard Financial Condition" (SEFC) to remain prequalfieo. Very truly yours Janet L_ Pisonl, P E. Aoting Section Chief Prelitninarf Engineering Page 3 of 4 APPENDIX II Compensation Schedule 2012 Water Main Replacement DIRECT COST DETAIL Construction Phase (2012) Reproduction of additional plans for construction phase and Contracts $305.00 Printing of mylars for As -Built plan sets for Village $455.00 Construction materials testing and QA manager duties (subconsultant - TSC) $5,214.00 Page 4 of 4 APPENDIX III Time Schedule 2012 Water Main Replacement Contract Approval March 2012 Construction Inspection Services A. Pre - construction Meeting April 2012 B. Construction Inspection April 2012 — Sept. 2012 C. Construction Progress Meetings April 2012 — Sept. 2012 D. Partial and Final Payment Estimates April 2012 — Nov. 2012 E. Change Orders April 2012 — Nov. 2012 F. Punch List and Final Inspection Sept. 2012 — Oct. 2012 G. Final Documents Oct. 2012 — Nov. 2012 Page 1 of 1 APPENDIX IV Insurance ENGINEER shall maintain for the term of this Agreement, and for a period of twelve months after the services contracted for hereunder have been completed, insurance policies covering: Workers Compensation and Employers Liability Insurance: Statutory limits = $500,000 per accident. 2. Comprehensive General Liability Insurance: $1,000,000 per occurrence combined single limit. 3. Comprehensive Automobile Liability Insurance: $1,000,000 combined single limit, any auto. 4. Professional Liability Insurance (errors and omissions): $1,000,000 per claim and in aggregate. 5. Umbrella or excess liability: $1,000,000 per occurrence. If ENGINEER carries Comprehensive General Liability Insurance in an amount of $2,000,000 or greater, this requirement may be waived. 6. ENGINEER will provide the Village with a certificate of insurance showing the Village added to the General Liability Insurance as an additional insured. 7. Coverage shall not be suspended, voided, canceled, or reduced during the term of this agreement. If a standard Certificate of Insurance form is used with a cancellation clause, the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be stricken or crossed out. Page 1 February 20, 2012 Mr. Thomas Adomshick, P. E. James J. Benes and Associates, Inc. 950 Warrenville Road, Suite 101 Corporetum Office Campus Lisle, Illinois 60532 RE: P.N. 48,519 Construction Material Engineering 2012 Water Main Replacement Oak Brook, Illinois Dear Mr. Adomshick: TESTING SERVICE CORPORATION Locat Office: 457 E. Gundersen Drive, Carol Stream, IL 60188 -2492 630.653.3920 • Fax 630.653.2726 Corporate Office: 360 S. Main Place, Carol Stream, IL 60188 -2404 630 - 462 -2600 • Fax 630.653.2988 Per your request, Testing Service Corporation (TSC) is pleased to submit this proposal to provide the Construction Materials Engineering Services that will be requested by you for the above referenced project. The broad objectives of our work will be to conduct and interpret tests and report our findings as directed by James J. Benes and Associates, Inc. TSC is staffed and equipped to provide any of the following services that may be ordered by you: Field Quality Control Services - Observe proof - rolling operations. - Recommend amount of undercut using IDOT cone penetrometer procedure. - Perform in -place density tests on engineered fill /backfill and granular base course -Test plastic concrete for slump, air content, temperature, unit weight and cast test cylinders. - Establish rolling pattern for bituminous concrete pavement mix with nuclear density gauge. - Pickup samples in the field for laboratory tests. Bituminous Concrete Batch Plant Quality Control Services -Daily hot bin and extraction. analysis. - Sampling and testing of stockpile materials. -Check and adjust mixing formulas, as necessary. -Check temperatures of bitumen, drum and final mix. -Mold Marshall samples and check for stability and flow or determine density of Prepared (HMA) specimen by means of Gyratory Compactor. -Other tests as required by current IDOT procedures guide. Portland Cement Concrete Batch Plant Quality Control Services - Verify that current IDOT mix design is being used. -Check moisture content of fine aggregate. - Perform sieve analysis on stockpiled materials, as required by [DOT criteria. -Check the slump, air and temperature of final mix. -Other tests, as required by current IDOT procedure guide. Laboratory - Perform laboratory compaction curve for each soil type used. - Determine density and thickness for core samples submitted by contractor. - Aggregate gradation and soundness analysis. - Perform compressive and flexural strength tests for concrete cylinders and beams. -Other tests, as required. Providing a niff Range of Ceolecbtrical Englaeering, Eavlrotnanerttal Services, and Construction Materials Engbreeriug & Testing James J. Benes and Associates, Inc. P.N. 48,519 - February 20, 2012 TSC's field technicians are represented by Local 150 of the International Union of Operating Engineers. Supervision of the testing, observation and reporting is provided by a Registered Professional Engineer. Reports will generally be issued on a weekly basis as work progresses. Invoices will be issued monthly, subsequent to the reporting period. A budget amount of Five Thousand Two Hundred Fourteen Dollars ($5,214.00) is recommended for your project. This estimate is based on a review of plans and specifications provided by James J. Benes and Associates, Inc. and prior experience on similar projects. TSC's itemized estimate is included in the "Assumptions and Estimated Fee" portion of this proposal. Factors such as weather, contractor efficiency and deviations from minimum testing and observation requirements may significantly impact the CME budget. Our fee is further subject to this proposal being accepted by you on or before December 31, 2012. The Services performed by TSC under this proposal are subject to prevailing wage regulations under Illinois law. Prevailing wage rates are established in June by the State of Illinois. Should the established wage be changed between the time of this proposal and the time of work, it will be necessary to revise this proposal so that the rates required by law are properly reflected. Prevailing wage categories are defined as follows: Material Tester I: Hand coring and drilling for testing of materials; field inspection of uncured concrete and asphalt. Material Tester 11: Field inspection of welds, structural steel, fireproofing, masonry, soil, facade, reinforcing steel, formwork, cured concrete and concrete and asphalt batch plants, adjusting proportions of bituminous mixtures. TSC's fees include TSC's services being performed subject to the attached General Conditions which are incorporated herein. Unless we receive written instructions to the contrary, invoices will be sent to: Mr. Thomas Adomshick, P.E. James J. Benes and Associates, Inc. 950 Warrenvilie Road, Suite 101 Corporetum Office Campus Lisle, Illinois 60532 Tel: (630) 719 -7570 Fax: (630) 719 -7589 email: tadomshick @jjbenes.com When completing the attached project data form, kindly indicate who is to receive copies of TSC's report and other project data. -2- James J. Benes and Associates, Inc. P.N. 48,519 - February 20, 2012 Your consideration of our proposal is appreciated. We look forward to being of service to you on this project. Respectfully Submitted TESTING SERVICE CORPORATION J #45� Jeffrey R. Schmitz, P.E, Project Manager JRS:sa Enc: General Conditions Project Data Sheet Approved and accepted for by: (NAME) (TrrLE) (DATE) -3- I James J. Bones and Associates, Inc. P.N. 48,519 - February 20, 2012 SCHEDULE OF CHARGES ITEM I FIELD SERVICES A. Material Tester I Per Hour: $109.50 B. Material Tester II Per Hour: $112.50 C. IDOT QC /QA Level III BIT or PCC Per Hour: $112.50 CME Technician classification includes IDOT BIT/PCC and QC/QA Certified Technicians. The time is portal -to -portal from the office servicing the project. Increase hourly rate by 1.4 for over 8.0 hours per day or Saturday. Increase hourly rate by 1.8 for Sunday or Holiday work. The minimum trip charge for 0 to 4 hours is four (4) hours and for 4 to 8 hours is eight (8) hours Monday through Friday and eight (8) hours on Saturday and Sunday. Engineering services for summary report preparation are invoiced at the Graduate Engineer Rate. D. Transportation, Light Vehicle Per Mile: $ 0.60 E. Use of Nuclear Moisture /Density Gauge Per Day: $ 35.00 F. Pickup Concrete Test Samples Per Trip: $ 60.00 ITEM II LABORATORY SERVICES A. Soils 1. Compaction Curve to establish the maximum dry unit weight and optimum water content a. Modified (AASHTO T180, ASTM D1557) Each: $175.00 b. Standard(AASHTO T99, ASTM D698) Each: $165.00 c. Add for Methods B, C, or D Each: $ 15.00 2. Thin - Walled Tube Samples a. Combined Water Content & Dry Unit Weight Determination Each: $ 15.00 b. Unconfined Compressive Strength Each: $ 12.00 B. Portland Cement Concrete /Aggregates 1. Concrete Test Cylinders (6 "02 ") a. Compressive Strength Each: $ 16.25 b. Spares /Handling Charge Each: $ 16.25 c. Trim End of Specimen When Necessary Each: $ 20.00 -4- t James J. Benes and Associates, Inc. P. N. 48,519 - February 20, 2012 2. Concrete Test Cylinders (4 "x8 ") Theoretical Maximum Specific Gravity of $ 170.00 B. Registered Professional Engineer a. Compressive Strength Each: $ 15.50 b. Spares /Handling Charge Each: $ 15.50 c. Trim End of Specimen When Necessary Each: $ 20.00 3. Sieve Analysis Determining Asphalt Content by Ignition Oven: Each: $100.00 a. Unwashed Each: $ 68.50 b. Washed Each: $ 85.00 C. Bituminous Concrete 1. Extraction Analysis a. Unwashed Each: $185.00 b. Washed Each: $ 205.00 2. Compaction of Bituminous Mixture by Gyratory Methods and Bulk Specific Gravity Test Set of Two $185.00 3. Theoretical Maximum Specific Gravity of $ 170.00 B. Registered Professional Engineer Per Hour: Paving Mixture Each: $ 90.00 4. Calibration of Ignition Oven for Asphalt Content by [DOT Methods: Each: $ 650.00 5. Determining Asphalt Content by Ignition Oven: Each: $100.00 6. Determining Asphalt Content by Ignition Oven and Washed Gradation: Each: $175.00 7. Bulk Density of Core Specimens Each: $ 40.00 ITEM III CONSULTATION AND REPORT PREPARATION A. Registered Professional Engineer, Principal Per Hour: $ 170.00 B. Registered Professional Engineer Per Hour: $130.00 C. Graduate Civil Engineer Per Hour: $110.00 D. Transportation 1. Light Vehicle Per Mile: $ 0.60 2. Public Transportation Cost + 10% The above rates are valid through December 31, 2012. -5- James J. Benes and Associates, Inc. P. N, 48,519 - February 20, 2012 ASSUMPTIONS & ESTIMATED FEE The following estimate is based on review of materials quantities provided by the James J. Benes and Associates, Inc. and the Illinois Department of Transportation's Project Procedures Guide. At the time this estimate was prepared the contractor's schedule was not available. The unit prices used below are based on our current cost structure. Earth Excavation /Aggregate Base Course/Trench Backfill Nom ITEMS Unit Quantity price Amount 1 Material Tester II Hour 8.0 112.50 $ 0.00 2 Travel, Material Tester 11 Hour 112.50 $ 0.00 3 Travel, Light Vehicle Mile 40 0.60 $ 0.00 4 Nuclear Moisture Density Gauge Day 35.00 $ 0.00 5 Soil, Water Content and Dry Unit Weight Determination Each 15.00 $ 0.00 6 Laboratory Compaction Curve (Standard) Each 165.00 $ 0.00 7 Sieve Analysis, Unwashed Each 68.50 $ 0.00 Sub - Total: $ 0.00 Estimate Basis: Portland Cement Concrete /Plant Nom ITEMS Unit Quantity Price Amount 1 Material Tester 11 Hour 8.0 112.50 $ 900.00 2 Travel, Material Tester II Hour 112.50 $ 0,00 3 Travel, Light Vehicle Mile 40 0.60 $ 24,00 4 Pickup Test Samples Each 60.00 $ 0.00 5 Concrete Test Cylinders (6 "x 12 ") Each 16.25 $ 0.00 6 Concrete Test Cylinders (4 "x 8 ") Each 15.50 $ 0.00 7 Sieve Analysis, Unwashed Each 68.50 $ 0.00 8 Sieve Analysis with #200 Wash Each 85.00 $ 0.00 9 Density of Core Sample Each 40.00 $ 0.00 Sub - Total: $ 924.00 Estimate Basis: Two plant visits to monitor the production of concrete mixes placed for driveways and combination curb and gutter. in James J. Benes and Associates, Inc. P. N. 48,519 - February 20, 2012 Portland Cement Concrete /Field Item ITEMS Unit Quantity Unit Price Amount 1 Material Tester I Hour 8.0 109.50 $ 876.00 2 Travel, Material Tester I Hour 109.50 $ 0.00 3 Travel, Light Vehicle Mile 40 0.60 $ 24.00 4 Pickup Test Samples Each 2 60.00 $ 120.00 5 Concrete Test Cylinders (6 "x 12 ") Each 8 16.25 $ 130.00 6 Concrete Test Cylinders (4 "x 8 ") Each 2 15.50 $ 0.00 7 Sieve Analysis, Unwashed Each 2 68.50 $ 0.00 Sub - Total: $ 1 150.00 Estimate Basis: Two site visits to test and sample concrete placed for driveways and combination curb and gutter. Bituminous Concrete/Plant Item ITEMS Unit Quantity Price Amount 1 Material Tester II Hour 10.0 112.50 $ 1,125.00 2 Travel, Material Tester Il Hour 112.50 $ 0.00 3 Travel, Light Vehicle Mite 40 0.60 $ 24.00 4 Pickup Test Samples Each 60.00 $ 0.00 5 Nuclear Moisture Density Gauge Day 35.00 $ 0.00 6 Bituminous Concrete Extraction Analysis Each 2 185.00 $ 370.00 7 Compaction of Bituminous Mixture by Gyratory Methods and Bulk Specific Gravity Test Set of Two 2 185.00 $ 370.00 8 Theoretical Maximum Specific Gravity of Paving Mixture Each 2 90.00 $ 180.00 Sub - Total: 1 $ 21069.00 Estimate Basis: Two plant visits to monitor and sample HMA mixes for driveways and Class D patches -7- James J. Benes and Associates, Inc. P.N. 48,519 - February 20, 2012 Bituminous Concrete /Field Item ITEMS Unit Quantity Unit Amount 1 Material Tester I Hour 6.0 109.50 $ 657.00 2 Travel, Material Tester I Hour 1 109.50 $ 0.00 3 Travel, Light Vehicle Mile 40 0.60 $ 24.00 4 Pickup Test Samples Each 60.00 $ 0.00 5 Nuclear Moisture Density Gauge Day 2 35.00 $ 70.00 6 Bituminous Concrete Extraction Analysis Each 185.00 $ 0.00 7 Compaction of Bituminous Mixture by Gyratory Methods and Bulk Specific Gravity Test Set of Two 185.00 $ 0.00 8 Density of Core Sample Each 40.00 $ 0.00 Sub - Total: $ 751.00 Estimate Basis: Two site visits to monitor the compaction of HW mixes placed for driveways and Class 0 patches. Project Coordination & Report Preparation Item ITEMS Unit Quantity Pride Amount 1 Project Engineer Hour 2 110.00 $ 220.00 2 QA Manager Hour 1 100.00 $ 100.00 Sub - Total: $ 320.00 TSC's base fee schedule Includes up to three copies of each report. Estimated Total: $ 5.214.00 RECOMMENDED BUDGET: $ 5,214.00 M TESTING SERVICE CORPORATION 1. PARTIES AND SCOPE OF WORK: If Client Is ordering the services on behalf of another, Client represents and warrants that Client is the duly authorized agent of said party for the purpose of ordering and directing said eervirms, and in such case the term "Ceent' shall also Include the principal for whom the services are being performed. Prices quoted and charged by TSC for Its services are predicated on the conditions and the allocations of risks and obligations expressed In these General Conditions. Unless otherwise stated In writing, Client assumes sole responsibility for determining whether the quamity and the nature of the services ordered by Client are adequate and sufficient for Client% intended purpose. Unless otherwise expressly assumed in writing, TSC % services are provided exclusively for dlent.TSC shall have no duty orobligation other than these duties and obligations expressly set forth In this Agreement TSC shall have no duty to any third party. Client shall communicate these General Conditions to each and every party to whom the Client transmits any report prepared by TSC. Ordering services from TSC shall constitute acceptance of TSC% proposal and these General Conditions. 2. SCHEDULING OF SERVICES: The services set forth in this Agreement wiff be accomplished In aKmekand workmanlike manner. If TSC Is required to delay any part of Its services to accommodate the requests or requirements of Client, regulatory agencies, or third parties, or due to any cause beyond Its reasonable contra, Client agrees to pay such additional charges, H any, as may be applicable. 3. ACCESS TO SITE: TSC lap take reasonable measures and precautions to minimize damage to the site and arty Improvements located thereon as a result of Its services or the use of Its equipment; however, TSC has not included in Its fee the costal restoration of damage which may occur. fi Client desires or requires TSC to restore the site to its former condition, TSC will, upon written request, perform such additional work as Is necessary to do so and Client agrees to pay to TSC the cost thereof plus TSC % normal markup for overhead and pm&. 4. CLIENT'S DUTY TO NOTIFY ENGINEER: Client represents and warrants that Client has advised TSC of any thrown or suspected hazardous materials, utigty Ilnes and underground stmceres at any site at which TSC is to perform services under this agmemenL 5. DISCOVERY OF POLLUTANTS: TSC% services shit not Include Investigation for hazardous materials as defined by the Resource Goreervatlon Recovery Act 42 U.S.C.§ 6901, et, seq., as amended ( "RCRN') or by any state or Federal salute or regulation. In the event that hazardous materials are discovered and Identified by TSC, TSC's sole duty shag be to notify Client. G. MONITORING: If this Agreement includes testing construction materials or observing any aspect of construction of Improvements, Client's construction personnel will verify that the pad Is property, located and sized to meet Client's projected building loads. Client shall cause all tests and Inspections of the site, materials and work to be timely and property performed In accordance with the plans, specifications, contract documents, and TSC's recommendations. No claims for loss, damage or injury shall be brought againstTSC unlessall tests and inspections have been so performed and unless TSC %recommendation have been followed. TSC%servicesahall nolinclude dlermining orfmplementing the means, methods, techniques or procedures of work done by the contractors) being monitored or whose work is being tested. TSC% services shall not include the authority to accept or reject wok or to In any manner supervise the work of any contractor. TSC's services or failure to perform same shall not In any way operate or excuse any contractor from the performance of its work In accordance GENERAL CONDITIONS Geotechnical and Construction Services with Its contract. "Contractor" as used harem shall include subcontractors, suppliers, architects, engineers and construction managers. information obtainedfrom boings,observallonsandanalyses of sample materials shall be reported in formats considered appropriate by TSC unless directed otherwise by Client. Such Information is considered evidence, but any Inference or conclusion bawd thereon Is, necessarily, an opinion also based on engineering judgment and shad not be construed as a representation of fact. Subsurface conditions may not be uniform throughout an entire site and ground water Jowls may fluctuate due to climatic and other variations. Construction materials may vary from the samples taken. Unless otherwise agreed In writing, the procedures employed by TSC are n of designed to detect Intentional concealment or misrepresentation of facts by others. 7. DOCUMENTS AND SAMPLES: Client Is granted an exclusive license to use findings and reports . prepared and issued by TSC and any sub- consulants pursuant to this Agreement for the purpose set forth In TSC's proposal provided that TSC has received payment In fug for its services. TSC and, If applicable, Its sub- censuDam, retain all copyright and ownership interests in the reports, boring logs, maps, field date, field notes, laboratory teat data and similar documents, and the ownership and freedom to use all data generated by It for any purpose. Unless otherwise agreed in writing, test specimens or samples will be disposed immediately upon completion of the test. All drilling samples or specimens will be disposed sixty (60) days afar submission of TSC%report. S. TERMINATION: =a oNigatlon to provide services may be terminated by either party upon.(7) seven days prior written notice. In the event of termination of TSC% services, TSC shall be compensated by ClIent for all services performed up to and Including the termination date, Including reimbursable expenses. The terms and conditions of these General Conditions shall survive the torminatbn of TSC% obggatiml to provide services. B.PAYMENR Cllaetshall be Invoiced periodicallyforservices performed. Client agrees to pay each I nvolce within thirty (30) days of its receipt Client further agrees to pay Interest on all amounts Invoiced teed not paid or objected to to writing for valid cause within sixty (60) days at the rate of twehe (12 %) par annum (or the maximum merest rate permitted by applicable law, whichever Is the lesser) urdil paid and TSC% costs of collection of such accounts, Including court costs and reasonable attorney %fees. 10. WARRANTY: TSC's professional services will be performed, its findings obtained and Its reports prepared In accordance with these General Conditions and with generatlgaccepted principles and practices. In performing is p olesslonal services,TSCwig usethatdegree of care andkill ordieedlyexerdsed undershnllarckanmstances by members of Its profession. In performing physical work In pursuit of its professional services, TSC will use that degree of care and skill ordinarily used under similar circumstances. This warranty is in lieu of all other warranlles or representations, either express or implied. Statements made In TSC reports are opinions based upon engineering judgment and are not to be construed as representations of fact Should TSC or any of Its employees be found to have been negligent in performing professmnal services or to have made and breached any express or implied warranty, representation or contract, Client, all parties claiming through Client and all parties calming to have in any way relied upon TSC% services or work agree that the maximum aggregate amount of damages for which TSC, its officers. employees and agents shall be liable is limited to $50,000 or the total amount of the fee paid to TSC for its services performed with respect to the project, whichever amount Is greater. In the event Client is unwilling or unable to Ilmti the damages for which TSC may be liable In accordance with the provisions set forth In the preceding paragraph, upon written request of Client received within five days of CIIeoCS acceptance of TSC's proposal together with payment of an additional tee In the amount of 5 %ofTSC's estimated cost for its services (to be adjusted to 5% of the amount actually billed by TSC ferRsservkeson theproJectatfims of completfon),the limb on damages shall be increased to $500,000 or the amount of TSC % fee, whichever is the greater. This charge Is not to be construed as being a charge her insurance of any type, but Is Increased consideration for the exposure to an award of greater damages. 11, INDEMNITY: Subject to the provisions set forth herein, TSC ant Clent hereby agree lo Indemnity and hold harmless each other and their respective shareholders, directors, officers, partners, employees, agents, subsidiaries and division (end each of their heirs, successors, and assigns) from anyand 0 claims, demands, hibllithes,sula, causes of acko i, judgments, rroos and expenses, including reasonable attorneys' fees, arising, or allegedly arising, from personal Injury, Including death, prop"domage, including lossof use thersl, due In any manner to the negligence of either of them or their agents or employees or Independent contractors. In the event both TSC and Client are found to be negligent or at fault, then any liability shall be apportioned between them puaaeMto their pro rate share of negligence or fault. TSC and Client further agree that their liability to any third party shall, to the extent permitted by law, be several and not joint. The liability of TSC under this provision shall not exceed the policy Ihnils of insurance carded by TSC. Neither TSC nor Client shall be bound under this Indemnity agreement to liability determined In a proceeding In which it did not participate represented by Its own Independentceumsel.The indemnities provided hereunder shall not terminate upon the termination or expiration of this Agreement, but may be modified to the extent of any waiver of subrogatian agreed to by TSC and paid for by Client 12. SUBPOENAS: TSC's employees shall not be retained as expert witnesses except by separate, written agreement. Client agrees to pay TSC pursuant to TSC% Own current fee schedule for any TSC employe*) subpoenaed by any party as an occurrence witness as a result of TSC% services. 13. OTHER AGREEMENTS: TSC shall not be bound by any provision or agreement (I) requiring or providing for arbitration of disputes or controversies arising out of this Agreement or He performance, (IQ wherein TSC waives any rights to a mechanics Hen or surety bond claim; (110 that conditions TSC'6 right to receive payment for its services upon payment % Client by any third party or Ov) that requires TSC to Indemnify any party beyond Its own negligence These General Conditions are notice, whom required, thstTSC shall file a Ilan whenever necessary to collect past due amounts. ThlsAgreement contains the entire understanding between the parties. Unless expressly accepted by TSC In writing prior to delivery of TSC% services, Client shall not add any conditions or Impose conditions which are in confiid with those contained herein, and no such additional or conflicting terms shall be binding upon TSC. The unenfbrceabll(ry or Invalidity of any provision or provisions shelf not render any other provision or provisions unenforceable or Invalid. This Agreement shall be construed and enforced In accordance with the laws of the State of Illinois. In the event of a dispute arising out of or relating to the performance of this Agreement, the breach thereof or TSC% services, the parties agree to try In good faith to settle the dispute by mediation under the Construction Industry Mediation Rules of the Amerman ArbBrationAssociation as a condition precedent to filing any demand for arbitration, or any petition or comp Wntwllh any court. Paragmph headings are for convmrfence only and stall not be construed as limiting the meaning of the provisions contained In these General Conditions. :ar'TLc7i7