2012 Water Main Replacement Construction%20EngineeringPROFESSIONAL ENGINEERING AGREEMENT
VILLAGE OF OAK BROOK
2012 WATER MAIN REPLACEMENT
CONSTRUCTION ENGINEERING
Tule Ar_RFFnnFNT marip and centered into this J ?�� day of MU -r L- �-
2012, by and between James J Bones and Associates I,_ nc., (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 Proiect (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 II 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 II 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
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5.
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").
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.
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.
GENERAL TERMS AND CONDITIONS
L•'7
C.
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.
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.
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
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.
d. 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.
e. Suspension of Services
VILLAGE may, at any time, by written order to ENGINEER (Suspension of
Services Order), require ENGINEER to stop all, or any part of, the services
required by this Agreement. Upon receipt of such an order, ENGINEER shall
immediately comply with its terms and take all reasonable steps to minimize the
occurrence of costs allocable to the services covered by the order. 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,
f. 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.
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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.
i. Documents Property of VILLAGE
Drawings, specifications, reports, and any other documents prepared by
ENGINEER in connection with any or all of the services furnished hereunder
shall be the property of VILLAGE. 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)
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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.
j. 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.
k. 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
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concurrent negligence bears to the total negligence (including that of third
parties) which caused the personal injury or property damage.
Entire Agreement
This Agreement sets forth all
the parties. There are no
understandings between the
contained in this Agreement.
Governing Law
the covenants, conditions and promises between
covenants, promises, agreements, conditions or
parties, either oral or written, other than those
This Agreement shall be governed by the laws of the State of Illinois both as to
interpretation and performance.
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.
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.
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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.
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.
dames J. Benes and Associates, Inc.
McePresMdent
M
ATTEST:
Se a
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 If: 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 ]DOT 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 "Nocope, complexityunt of or character44. of hesworkunt and boll not be th parties xsh ll agree ed in
there is a change in the scope, Y
determined Keough negotiaHontances, abetween the parties of thein tal compenAgreementsation to the ENGINEER shall e
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)
DATE, February 23, 2012
JAMES J. BENES AND ASSOCIATES, INC.
950 Warrenville Road, Suite 101
Lisle, Illinois 60532
(630)719-7570 FAX(630)719-7589
CONSTRUCTION PHASE (2012)
TOTAL
CATEGORY OF SERVICE
PRINCIPAL
ENGR.
TECH.
TOTAL
DIRECT
PAYROLL
DIRECT
TOTAL
HOURS
PAYROLL
COST`
COST
COST
A. Pre -construction Meeting & Videotape
2
4
16
22
$603
$1,665
$305
$1,970
B. Construction Inspection
(based upon 140 working days)
24
448
1120
1592
$41,008
$113,182
$5,214
$118,396
(0.4 Engineer, 1.0 Technician)
C. Construction 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 11
Compensation Schedule
2012 Water Main Replacement
111hoLs DISPartment of Transpoftabon
2300 South Dirxsen Parkway f Spiingfield, III ncis f 62754
March 30, 2011
Subject: PRELIMINARY ENGINEERING
Consultant Unit
PMqualificaticn File
Mr. Gary L. Cottingham
Renes, James J. & Aosoo., Inc.
950 Warrenville Rd.
Suite T01
Lisle, IL 60532 -
Bear Mr. Cottingham'
We have ComPleted our review of the corporate and financial information portion
V your "Statement of Experience and Financial Condition" (SEFC) which you
subinilted for the fiscal year ending December 31, 2010. Your firm's total annual
transportation fee capacity will be $4,8W,000,
Your firrr's payroil burden and fringe expense rate and general and administrative
expenee rate totaling 14ON are approved on a provis oval basis. The actual rate
used in 2917061nent negotiations may be dafiamined by our Bureau Of Budget and
Fiscal Management In a preaward audit.
Yourfinn is required :o reporttothis Office anyadditions or deletions of your
licensed profas5ional sta`f or any other key personnel that woutci affect your firm's
Prequalification in a particular category. T91s report must be submitted within 15
calendar clays or the change.
Your firm is prequalified until December 31. 2011. You will bg given an additional
six months from phis date to submitthe Corporate and Financial Information
portion of the "Statement of Expedence and Financial Condition" (SEFC) to
remain prequalifig0.
Very truly yours
Janet L. Pisonl, P E.
Acting Secticn Chief
Preliminary 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
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.
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.
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
Loci! Office:
457 E. Gundersen Drive, Carol Stream, IL 60188-2492
630.653.3920 a Fax 630.653.2726
Corporate Office:
360 S. Main Place, Carol Stream, IL 60188-2404
630-462-2600 0 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 R al[ Range of Geotechnical Engineering, Environmental Services, marl Construction Materials Engineering & 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 II: 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 Warrenville 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 SE PORATION
Jeffrey R. Schmitz, P.E.
Project Manager
JRS:sa
Enc: General Conditions
Project Data Sheet
Approved and accepted for
(TITLE)
(DATE)
-3-
by:
James J. Benes 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. ,Jell ria(. Tester II Per Hour: $112.50
,y... sv
t
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
&X&ne F
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"x12")
a. Compressive Strength Each: $ 16.25
b. Spares/Handling Charge Each: $ 16.25
c. Trim End of Specimen When Necessary Each: $ 20.00
James J. Benes and Associates, Inc.
P. N. 48,519 - February 20, 2012
2. Concrete Test Cylinders (4"x8")
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
Each:
$175.00
7. Bulk Density of Core Specimens
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 $165.00
3. Theoretical Maximum Specific Gravity of
Paving Mixture Each: $ 90.00
4. Calibration of Ignition Oven for Asphalt
Content by IDOT 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
Item
eITEMS
No.
T
Unit
I
Quantity
I
I Price
Amount
1
Material Tester II
Hour
8.0
112.50
$ 0.00
2
Travel, Material Tester II
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
No
ITEMS
Unit
Quantity
Price
Amount
1
Material Tester II
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
15.60
$ 0.00
7
Sieve Analysis, Unwashed
Each
68.50
$ 0.00
8
Sieve Analysis with #200 Wash
Each
86.00
$ 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.
52
James J. Benes and Associates, Inc.
P.N. 48,519 - February20 2012
Portland Cement Concrete/Field
Item
No.
ITEMS
Unit
Quantity
Prlce
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 1211)
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
No.
ITEMS
Unit
Quantity
Pride
Amount
1
Material Tester II
Hour
%0
112.50
$ 1,125.00
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
Nuclear Moisture Density Gauge
Day
35.00
1 $ 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:
$ 2,069.00
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
No.
No.
Unit
Unit
Quantity
Unit
Price
Amount
1
Material Tester I
Hour
6.0
109.50
$ 657.00
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
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 compactlon of HMA mixes placed for driveways and Class D patches.
Project Coordination & Report Preparation
ItemITEMS
No
Unit
QuantityUnit
Price
Amount
1 I 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.
In
Estimated Total: $ 5,214.00
RECOMMENDED BUDGET: $ 5,214.00
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 direcling said services, and In
such case the term "Client" 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 quantity and the nature of the
services ordered by Client are adequate and sufficient for
Client's Intended purpose. Unless otherwise expressly
assumed In writing, TSC's services are provided exclusively
for cllent.TSC shall have no duty or obligation otherthanthose
duties and obligations expressly set forth in ihisAgreement.
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 fromTSC shall constitute acceptance
of TSC's proposal and these General Conditions.
2, SCHEDULING OF SERVICES: The services set forth in this
Agreementwlll be accomplished in a timely and 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 control, Client agrees to pay such
additional charges, If any, as may be applicable.
3, ACCESS TO SITE: TSC shall take reasonable measures
and precautions to minimize damage to the site and any
improvements located thereon as a result of its services or
the use of its equipment; however, TSC has not Included in
its fee the cost of restmin lon of damage which may occur. If
Client desires or requires TSC to restore the site to its farmer
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's normal markup for
overhead and profit.
4. CLIENT'S DUTY TO NOTIFY ENGINEER: Client represents
and warrants that Client has advised TSC of any known or
suspected hazardous materials, utility lines and underground
structures at any site at which TSC is to perform services
under this agreement.
5. DISCOVERY OF POLLUTANTS: TSC's services shall not
include investigation for hazardous materials as defined by
the Resource Conservation Recovery Act, 42 U.S.C.§ 6991,
at, seq., as amended ("RCRA") or by any state or Federal
statute or regulation. In the event that hazardous materials
are discovered and Identified by TSC, TSC's sole duty shall
be to notity Client.
6. MONITORING: If this Agreement Includes testing
construction motorists or observing any aspect of construction
of improvements, Client's construction personnel will
verify that the pad Is properly 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 properly performed in accordance with
the plans, specifications, contract documents, and TSC's
recommendations. No claims for loss, damage or injury
shall be brought againstTSC mdessall tests and inspections
have been so performed and unless TSC's recommendations
have been followed.
TSCA services shall not include determining or implementing
Die means, methods, techniques or procedures of work
done by the conlractor(s) being monitored or whose work is
being tested. TSC's services shall not Include the authority
to accept or reject work or to in any manner supervise
the work of any contractor. TSC's services or failure to
perform same shell 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 hereln shall include
subcontractors, suppliers, architects, engineers and
construction managers.
Information obtained from borings, observations and analyses
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 based thereon Is, necessarily, an opinion also
based on englneedng judgment and shall not he construed
as a representation of fact. Subsurface conditions may not
be uniform throughout an entire site and ground water
levels may fluctuate duo to climatic and other variations.
Conslrucllon materials may vary from the samples taken.
Unless otherwise agreed In writing, the procedures employed
by TSC are not 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 -consultants pursuant to
this Agreement for the purpose set forth In TSC's proposal
provided that TSC has received payment In full for its
services. TSC and, if applicable, Its sub -consultant, retain
all copyright and ownership Interests In the reports, boring
logs, maps, field data, field notes, laboratory test 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 after
submission of TSC's report.
0. TERMINATION: TSC's obligation to provide services may he
terminated by either party upon.(7) seven days prior written
notice. In the event of termination of TSC's 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 termination of TSC's obligation
to provide services.
9.PAYMENT. Client sholl be Invoiced periodically for services
performed. Client agrees to pay each Invoice within thirty (30)
days of Its receipt. Client further agrees to pay Interest on
all amounts invoiced and not paid or objected to In willing
for valid cause within sixty (60) days at the rate of twelve
(12%) per annum (or the maximum interest rate permitted by
applicable law, whichever is the lesser) until paid and TSC's
costs of collection of such accounts, including court costs
and reasonable attorney's 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
generally accepted principles and practices. In performing its
professional services, TSC will use that degree of care and skill
ordinarily exercised under similar circumstances by members
of its profession. In performing physical work In pursuit of
its professional services, TSG will use that degree of care
and skill ordinarily used under similar circumstances. This
warranty Is in lieu of all other warranties or representations,
either express or implied. Statements made In TSC reports
are opinions based upon engineering judgment and are not
to he construed as representations of fact.
Should TSC or any of its employees be found to have been
negligentin performing professional services or to have made
and breached any express or Implied warranty, representation
or contract, Client, all parties claiming through Client and
all parties claiming to have in any way relied upon TSC's
services or work agree that Ilia 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 Ilmitthedamages
forwhich TSC may be liable In accordance with the provisions
set forth In the preceding paragraph, upon written request
of Client received within live days of Client's acceptance of
TSC;s proposal together Win payment of an additional fee
in the amount of 5% of TSC's estimated cost for its services
(to he adjusted to 5% of the amount actually billed by TSC
for its services on the project at time of completion), the limit
on damages shall he increased to $500,000 or the amount
of TSC's fee, whichever is the greater. This charge Is not to
be construed as being a charge for Insurance of any type,
but Is Increased consideralion for the exposure to an award
of greater damages.
11. INDEMNITY: Subject to the provisions set faith herein,
TSC and Client hereby agree to Indemnify and hold harmless
each other and their respective shareholders, directors,
officers, partners, employees, agents, subsidiaries and
division (and each of their heirs, successors, and assigns)
from any and all claims, demands, liabilities, sults, causes of
action, judgments, costs and expenses, Including reasonable
attorneys' fees, arising, or allegedly arlsing, from personal
Injury, Including death, property damage, Including loss of use
thereof, due in any mannerter 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
atfault, then any liability shall be apportioned between them
pursuantlotheir pro rate share of negligence or fault. TSC and
Clientfurther 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 intramural the policy
limits of insurance carried by TSC. Neither TSC nor Client
shell be bound under this Indemnity agreement to liability
determined in a proceeding in which it did not participate
represented by its own Independent counsel.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 subrogatlan agreed to by TSC and
paid for by Client.
12. SUBPOENAS: TSC's employees shall not be retained as
export witnesses except by separate, written agreement.
Client agrees to pay TSC pursuant to TSC's then current fee
schedule for any TSC amployee(s) subpoenaed by any party
as an occurrence witness as a result of TSC's services.
13, OTHER AGREEMENTS: TSC shall not be bound by
any provision or agreement (1) requldng or providing for
arbitration of disputes or controversies arlsing out of this
Agreement or its performance, (II) wherein TSC waives any
rights to a mechanics Ilan or surety bond claim; (110 That
conditions TSC's right to receive payment for its services
upon payment to Client by any third party or IN) that requires
TSC to Indemnify any party beyond its own negligence These
General Conditions are notice, where required, that TSC shall
file a Ilan whenever necessary to collect past due amounts.
This Agreement contains the entire understanding between.
the parties. Unless expressly accepted by TSC In writing
prior to delivery of TSC's services, Client shall not add any
conditions or Impose conditions which are in conflict with
those contained herein, and no such additional or conflicting
terms shall be binding upon TSC. The un inforceablilty or
invalidity of any provision or provisions shall not render any
other provision or provisions unenforceable or Invalid. This
Agreement shall he construed and enforced In accordance
with the laws of the State of Illinois. In the event of a dispute
arlsing out of or relating to the performance of this Agreement,
the breach thereof or TSC's services, the parties agree to
try In good faith to settle His dispute by medlalion under
the Construction Industry Mediatlon Rules of the American
Arbitration Association as a condition precedent to tiling any
demand for arbitration, or any petition or complaint with any
court, Paragraph headings are for convenience only and shali
not he construed as limiting the meaning of the provisions
contained In these General Conditions.
REv 02/00