R-28-98 04/27/98RESOLUTION -�
RESOLUTION AUTHORIZING ADOPTION OF AN ENGINEERING
AGREEMENT WITH TRANSYSTEMS CORPORATION FOR PHASE III
ENGINEERING RELATED TO STATE STREET
WHEREAS, the Illinois Department of Transportation and Village of Lemont have
committed resources to resurface State Street from Peiffer Avenue to Illinois Street;
and
WHEREAS, the Illinois Department of Transportation and Federal Highway
Authority have committed to fund 85% of this project, with the Village funding the
remaining 15 %; and
WHEREAS, the Village has selected TranSystems Corporation to perform all Phase
III engineering on this project.
NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees
that the attached Local Agency Agreement be approved.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE,
ILLINOIS, on this 27th day of April , 1998.
Barbara Buschman
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
Mary Studebaker
AYES NAYS PASSED ABSENT
HARLENE SMOLLEN, Village Clerk
Approved by me this 27th day of April , 1998.
�► ,`
Attest:
(1/44-i/thl,<-C
CHARLENE SMOLLEN, Village Clerk
Village President
Municipality
Lemont
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Illinois Department
of Transportation
Construction Engineering
Services Agreement
• For
Federal Participation
(Type of Funding)
STP
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Name
TranSystems Corporation
County
Cook
Address
1051 Perimeter Dr., Suite 10251
Township
Lemont
City
Schaumburg
Section
93- 00021 -00 -PV
State
Illinois
Project No.
STPM- 7003(246)
Zip Code
60173 -5058
Job No.
C -91- 159 -95
F-r�
rn r `
Existing
Structure No.
THIS AGREEMENT is made and entered into this day of , 19 98 between the above Local
Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with
the construction of the above SECTION. Federal -aid Funds allotted to the LA by the State of Illinois under the general
supervision of the State Department of Transportation, hereinafter called the "STATE ", will be used entirely or in part
to finance ENGINEERING services as described under AGREEMENT PROVISIONS.
WHEREVER IN THIS AGREEMENT the following terms are used, they shall be interpreted to mean:
District Engineer District Engineer, Department bf Transportation
Resident Engineer LA employee directly responsible for construction of SECTION
Contractor Company or Companies to which the construction contract was awarded
Project Description
Name State Street Route FAU 2632 Length 0.677 Mi.
Termini Peiffer Avenue to Illinois Street
Description: Pavement rehabilitation including curb and gutter, enclosed drainage, water main,
sanitary sewer, pavement marking, lighting, retaining walls, and appurtenant work.
Agreement Provisions
The Engineer Agrees,
1. To perform or be responsible for the performance of the following engineering services for the LA, in connection
with the proposed improvement hereinbefore described, and checked below:
a.( x) Proportioning and testing of concrete mixtures in accordance with the "Manual of Instructions for Con-
crete Proportioning and Testing" issued by the Bureau of Materials and Physical Research, of the STATE
and promptly submit reports on forms prepared by said Bureau.
b.( x) Proportioning and testing of bituminous mixtures (including extraction test) in accordance with the
"Manual of Instructions for Bituminous Proportioning and Testing" issued by the Bureau of Materials and
Physical Research, of the STATE, and promptly submit reports on forms prepared by said Bureau.
c.
x) . All compaction tests as required by the specifications and report promptly the same on forms prepared
by the Bureau of Materials and Physical Research.
d.( x) Quality and sieve analyses on local aggregates to see that they comply with the specifications contained
in the contract.
e.( x) Inspection of all materials when inspection is not provided at the sources by the Bureau of Materials and
Physical Research, of the STATE, and submit inspection reports to the LA and the STATE in accordance
with the policies of the said STATE.
BLR 4352 (Rev. 11/89)
(Sheet 1 of 7)
f.(x ) Inspect, document, and inform the resident engineer of the adequacy of the establishment and mainte-
nance of the traffic control.
g.(x ) Geometric control including all construction staking and construction layouts.
h.(x ) Quality control in the construction work in progress and the enforcement of the contract provisions in ac-
cordance with the STATE Construction Manual.
i.( x) Measurement and computation of pay items.
j.( x) Maintain a daily record of the contractor's activities throughout construction including sufficient informa-
tion to permit verification of the nature and cost of changes in plans and authorized extra work.
k.( X ) Preparation and submission to the LA in the required form and number of copies, all partial and final pay-
ment estimates, change orders, records, documentation, and reports required by the LA and the STATE.
I.( X) Revision of contract drawings to reflect as built conditions.
2. Engineering services shall include all equipment, instruments, supplies, transportation and personnel required
to perform the duties of the ENGINEER in connection with the AGREEMENT.
3. To furnish the services as required herein within twenty -four hours of notification by the RESIDENT ENGINEER
or authorized representative.
4. To attend conferences and visit the site of the work at any reasonable time when requested to do so by the LA or
representatives of the STATE.
5. That none of the services to be furnished by the ENGINEER shall be sublet, assigned, or transferred to any other
party or parties without the written consent of the LA. The consent to sublet, assign or otherwise transfer any
portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any
responsibility for the fulfillment of this AGREEMENT.
6. That payment by the LA shall be as hereinafter provided. The ENGINEER shall submit invoices, based on his
progress reports, to the RESIDENT ENGINEER, no more than once a month for partial payment on account for his
work completed to date. Such invoices shall represent the value, to the LA of the partially completed work,
based on the sum of the actual costs incurred, plus a percentage (equal to the percentage of the construction en-
gineering completed) of the fixed fee for the fully completed work.
7. That the engineer is qualified technically and is entirely conversant with the design standards and policies ap-
plicable to improvement of the SECTION; and that he has sufficient properly trained, organized and experienced
personnel to perform the services enumerated herein.
8. That the ENGINEER shall be responsible for the accuracy of the ENGINEER'S work and correction of any errors,
omissions or ambiguities due to the ENGINEER'S negligence which may occur either during prosecution or after
acceptance by the LA. Should any damage to persons or property result from his error, omission or negligent act,
the ENGINEER shall indemnify the LA and its employees from all accrued claims or liability and assume all resti-
tution and repair costs arising from such negligence. He shall give immediate attention to any remedial changes
so there will be minimal delay to the contractor and prepare such data as necessary to effectuate corrections, in
consultation with and without further compensation from the LA.
9. That the ENGINEER will - comply with applicable Federal Statutes, State of Illinois Statutes, and local laws or ordi-
nances of the LA.
BLR 4352 (Rev. 11/89)
(Sheet 2 of 7)
The Engineer Further Agrees,
to comply with all applicable Equal Employment and Nondiscrimination Acts, Executive Orders, and Regulations re-
quired by the U.S. Department of Transportation (DOT) including:
a. 23 USC 710.405(b), Nondiscrimination on Basis of Sex in Right -of -Way Acquisition.
b. 42 USC 2000d -1, Title VI of the Civil Rights Act of 1964 (Nondiscrimination on Basis of Race, Color, or Nation-
al Origin).
c. 49 CFR 21, Nondiscrimination in DOT Programs.
d. 49 CFR 23, Participation by MBE's in DOT Programs.
It is the policy of the U.S. Department of Transportation that Minority Business Enterprises, as defined in 49
CFR Part 23, shall have the maximum opportunity to participate in the performance of contracts /agreements
financed in whole or in part with Federal funds under this AGREEMENT.
The ENGINEER agrees to ensure that minority business enterprises, as defined in 49 CFR Part 23, have the
maximum opportunity to participate in the performance of this AGREEMENT. In this regard the ENGINEER
shall take all necessary and reasonable steps in accordance with 49 CFR Part 23, to ensure that minority busi-
ness enterprises have the maximum opportunity to compete for and perform portions of this AGREEMENT.
The ENGINEER shall not discriminate on the basis of race, color, national origin, or sex in the selection and
retention of subcontractors, including procurement of materials and leases of equipment.
The ENGINEER shall include the provisions of this "Policy" in every subcontract, including procurement of
materials and leases of equipment.
Failure to carry out the requirements set forth above shall constitute a breach of this AGREEMENT and may
result in termination of the AGREEMENT or such remedy as deemed appropriate.
e. 49 CFR 27, Nondiscrimination on Basis of Handicap.
The LA Agrees,
1. To furnish a RESIDENT ENGINEER to be in responsible charge of general supervision of the construction.
2. To furnish the necessary plans and specifications.
3. To notify the ENGINEER at least twenty -four hours in advance of the need for personnel or services.
4. That for the performance by the ENGINEER of the services set forth above, the LA shall pay the ENGINEER on
the following basis of payment:
Amount of Basic Fee. The ENGINEER shall receive, as full payment for completing all work required of him under
this AGREEMENT, a basic fee, consisting of payment for the items shown in Section 4 (a), (b), (c) and (d) hereof.
a. The ENGINEER shall be reimbursed for his actual costs related to the salaries of his employees for the time
directly attributable and properly chargeable to the SECTION under the terms of this AGREEMENT, including
salaries of principals of the ENGINEER for time they are productively engaged in work necessary to fulfill the
terms of this AGREEMENT. A tabulation showing the present regular hourly salary range for each class of em-
ployee expected to work on this SECTION is as follows:
Classification
Hourly Rate Range
From To
Principal Engineer 45.00
Engineer 17.48
Chief of Party 19.64
Instrument Man 12.50
Rodman 9.50
Inspectors 9.50
Clerical 11.24
45.00
38.28
26.00
17.00
12.60
19.04
16.72
BLR 4352 (Rev. 11/89)
(Sheet 3 of 7)
The classifications of the employees used in the work should be consistent with the employee classifications
and estimated manhours shown in EXHIBIT A. If the personnel of the firm, including the Principal Engineer,
perform routine services that should normally be performed by lesser - salaried personnel, the wage rate billed
for such services shall be commensurate with the work performed.
In the event that additional classes of employees must be utilized or if salary adjustments are made, the above
data may be modified by agreement between the ENGINEER and the LA.
Costs related to salaries shall include actual withholdings and contributions by either the employee or the
ENGINEER for the approved payroll burden items set forth in Exhibit A of this AGREEMENT.
b. The ENGINEER shall be reimbursed for his direct non -salary costs which are directly attributable and properly
allocable to the Project.
(1) Direct non -salary costs paid by the ENGINEER may also include in -plant and travel expenses. Travel ex-
penses within the State of Illinois only, that are necessary to fulfill the terms of this AGREEMENT,.may be
directly charged to the SECTION. Reimbursable travel expenses shall include the reasonable cost of
meals, lodging, incidental expenses, and transportation for regular employees and principals of the ENGI-
NEER only while away from their regular place of duty and directly engaged on the SECTION. Travel ex-
penses may be based on actual costs, or on an agreed per diem or mileage basis, or on a combination of
the two, provided the resulting charge is' reasonable. The ENGINEER will not be required to submit re-
ceipts for reimbursement of in -plant and travel expenses, but will be required to submit a detailed listing
of such actual expenses certified by him to be direct SECTION costs that are not included in overhead.
(2) The withholding provisions contained in Section 5a and 5b of this AGREEMENT shall not apply to costs
enumerated in Section 4b above.
c. The ENGINEER shall be reimbursed for his actual overhead or indirect costs to the extent that they are proper-
ly allocable to the SECTION. Such costs shall be established in accord with sound accounting practices Such costs are included in the overhead and expense rate set forth in EXHIBIT A of this
AGREEMENT. The rate shown in EXHIBIT A is provisional for use in computing partial payments. Upon com-
pletion of the SECTION, final payment for indirect costs will be determined by audit of the ENGINEER'S ac-
counts to establish the actual indirect costs incurred during the period of this AGREEMENT which are proper-
ly allocable to it.
d. The ENGINEER shall be paid a fixed fee (lump sum) of $ 25,877 to cover profit only. The maximum total
amount payable, including actual costs, fixed fee, and contingencies, shall not exceed $ 242,317
unless there is a substantial change in the scope, complexity, or character of the work, or there is a substantial
overrun in the time necessary for the ENGINEER to complete the work due to causes beyond his control.
Under these circumstances, adjustments in total compensation to the ENGINEER shall be determined
through negotiation between the parties of this AGREEMENT and concurred in by the STATE.
5. Partial Payments. The LA, for and in consideration of the rendering of the engineering services enumerated
herein, agrees to pay to the ENGINEER for rendering such services the basic fee hereinafter established in the
following manner:
a. For the first 50% of completed work, and upon receipt of monthly invoices from the ENGINEER and the ap-
proval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGI-
NEER, such payments to be equal to 90% of the value of the partially completed work (See Section 6 of THE
ENGINEER AGREES) minus all previous partial payments made to the ENGINEER.
b. After 50% of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the ap-
proval thereof by the LA, monthly payments covering work performed shall be due and payable to the ENGI-
NEER, such payments to be equal to 95% of the value of the partially completed work (See Section 6 of THE
ENGINEER AGREES) minus all previous partial payments made to the ENGINEER.
c. Final Payment - Upon approval by the LA but not later than 60 days after the work is completed and all final
measurements and reports have been made and accepted by the LA, a sum of money equal to the basic fee as
determined in this AGREEMENT Tess the total of the amounts of partial payments previously paid to the ENGI-
NEER under Section 5a and 5b of this AGREEMENT shall be due and payable to the ENGINEER.
It is Mutually Agreed
1. That the ENGINEER and his subcontractors will maintain all books, documents, papers, accounting records and
other evidence pertaining to cost incurred and to make such materials available at their respective offices at all
reasonable times during the AGREEMENT period and for three years from the date of final payment under this
AGREEMENT, for inspection by the STATE, Federal Highway Administration, or any authorized representatives
of the Federal Government and copies thereof shall be furnished if requested.
BLR 4352 (Rev. 11/89)
(Shm► A .,4 71
2. That all services are to be furnished as required by construction progress and as determined by the RESIDENT
ENGINEER. The ENGINEER shall complete all services specified herein within a time considered reasonable to
the LA, after the CONTRACTOR has completed the construction contract.
3. That all field notes, test records and reports shall be turned over to and become the property of the LA and that
during the performance of the engineering services herein provided for, the ENGINEER shall be responsible for
any loss or damage to the documents herein enumerated while they are in his possession and any such Toss or
damage shall be restored at his expense.
4. That this AGREEMENT may be terminated by the LA upon -written notice to the ENGINEER, at his last known post
office address, with the understanding that should the AGREEMENT be terminated by the LA, the ENGINEER
shall be paid for any services completed and any services partially completed. The percentage of the total ser-
vices which have been rendered by the ENGINEER shall be mutually agreed by the parties hereto. The fixed fee
stipulated in Section 4d of THE LA AGREES shall be multiplied by this percentage and added to the ENGINEER'S
actual costs to obtain the earned value of work performed. All field notes, test records and reports completed or
partially completed at the time of termination shall become the property of, and be delivered to, the LA.
5. That any differences between the ENGINEER and the LA concerning the interpretation of the provisions of this
AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by
the ENGINEER, one member appointed by the LA, and a third member appointed by the two other members for
disposition and that the committee's decision shall be final.
6. That in the event the engineering and inspection services to be furnished and performed by the LA (including
personnel furnished by the ENGINEER) shall, in the opinion of the STATE be incompetent or inadequate, the
STATE shall have the right to supplement the engineering and inspection force or to replace the engineers or
inspectors employed on such work at the expense of the LA.
7. That the ENGINEER has not been retained or compensated to provide design and construction review services
relating to the contractor's safety precautions, except as provided in Section 1 f of the ENGINEER AGREES.
Successors and Assigns
That the LA and the ENGINEER bind themselves, their successors, executors, administrators, and assigns to the
other party of this AGREEMENT, and to the successors, executors, administrators, and assigns of such other party
in respect to all covenants of this AGREEMENT.
Executed by the LA:
Village of Lemont
(Municipality /Township /County)
State of Illinois, acting by and
ATTES thr
By
Title:
Village
(SEAL)
Clerk
of the
Mayor and Board of Trustees
Executed by the ENGINEER:
ATTEST:
By
Title VCS P GS/
TranSystems Corporation
1051 Perimeter Drive, Suite 1025
BLR 4352 (Rev. 11/89)
(Sheet 5 of 7)
Federal -Aid Project
Certification of Engineer
I hereby certify that I am the Vice President and duly authorized representative
of the firm of TranSystems Corporation, whose address is 1051 Perimeter Dr., Suite 1025, Schaumburq, IL
and that neither I nor the above firm I herein represent has: 60173 -5058
(a) employed or retained for a commission, percentage, brokerage, contingent fee, or other considerations,
any firm or person (other than a bona fide employee working solely for me or the above ENGINEER) to solicit
or secure this AGREEMENT,
(b) agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services
of any firm or person in connection with carrying out the AGREEMENT, or
(c) paid, or agreed to pay to any firm, organization or person (other than a bona fide employee working solely
for me or the above ENGINEER) any fee, contribution, donation, or consideration of any kind for, or in con-
nection with, procuring or carrying out the AGREEMENT.
In addition, I and the firm I herein represent:
(d) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily exclud-
ed from covered transactions by any Federal department or agency;
(e) have not within a three -year period preceding this AGREEMENT been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempt-
ing to obtain or performing a public (Federal, State or local) transaction or contract under a public transac-
tion: violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen property;
(f) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
State or local) with commission of any of the offenses enumerated in paragraph (e) of this certification;
(g) have not within a three -year period preceding this AGREEMENT had one or more public transactions
(Federal, State or local) terminated for cause or default;
(h) have not been barred from signing this Agreement as a result of a violation of
Sections 33E -3 and 33E -4 of the Criminal Code of 1961 (Chapter 38 of the Illinois
revised Statutes); and
(i) are not in default on an educational loan as ro ded Public A gg gg22�22
Where the ENGINEER is unable to certify to any of the statement in`tnis certification, such NulNEER shall attach
an explanation to this AGREEMENT.
I acknowledge that this certificate is to be furnished to the LA and the STATE, in connection with this AGREEMENT
involving participation of Federal -aid highway ds, . n is subject to applicable State and Federal laws, both crimi-
nal and civil.
March 6, 1998
(Date)
/:;:2) (Signature)
Certification of LA
I hereby certify that I am the Mayor of Lemont
(County Board Chairman /Mayor /Village President, etc.) (County /Municipality /Township)
and that the above ENGINEER or his representative has not been required directly or indirectly
plied condition in connection with obtaining or carrying out this AGREEMENT to:
(a) employ or retain, or agree to employ or retain, any firm or person, or
(b) pay, or agree to pay, to any firm, person or organization, any fee, contribution, donation, or
kind;
except as herein expressly states (if any);
I acknowledge that this certific
participation of Federal -aid hi
civil.
as an express or im-
consideration of any
be furnished to the STATE, in connection with this AGREEMENT involving
ds, and is subject to applicable State and Federal laws, both criminal and
March 6, 1998 (Date) ��`l�% 1 (Signature)
BLR 4352 (Rev. 11/89)
(Sheet 6 of 7)
STATE OF ILLINOIS
DRUG FREE WORKPLACE CERTIFICATION
This certification is required by the Drug Free Workplace Act (111. Rev. Stat., ch. 127, par.
152.311). The Drug Free Workplace Act, effective January 1, 1992, requires that no grantee or
contractor shall receive a grant or be considered for the purposes of being awarded a contract for
the procurement of any property or services from the state unless that grantee or contractor has
certified to the state that the grantee or contractor will provide a drug free workplace. False
certification or violation of the certification may result in .sanctions including, but not limited to,
suspension of contract or grant payments, termination of the contract or grant and debarment of
contracting or grant opportunities with the State for at least one (1) year but not more than five
(5) years.
For the purpose of this certification, "grantee" or "contractor" means a corporation,
partnership, or other entity with twenty -five (25) or more employees at the time of issuing the
grant, or a department, division, or other unit thereof, directly responsible for the specific
performance under a contract or grant of $5,000 or more from the State.
The contractor /grantee certifies and agrees that it will provide a drug free workplace by:
(a) Publishing a statement:
(1) Notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance, including cannabis,
is prohibited in the grantee's or contractor's workplace.
(2) Specifying the actions that will be taken against employees for violations of
such prohibition.
(3)
Notifying the employee that, as a condition of employment on such
contract or grant, the employee will:
(A) abide by the terms of the statement; and
(B) notify the employer of any criminal drug statute conviction for a
violation occurring in the workplace no later than five (5) days after
such conviction.
(b) Establishing a drug free awareness program to inform employees about:
(1) the dangers of drug abuse in the workplace;
(2) the grantee's or contractor's policy of maintaining a drug free workplace;
(3)
any available drug counseling, rehabilitation, and employee assistance
programs; and
(4) the penalties that may be imposed upon an employee for drug violations.
(c) Providing a copy of the statement required by subparagraph (a) to each employee
engaged in the performance of the contract or grant and to post the statement in a
prominent place in the workplace.
(d) Notifying the contracting or granting agency within (10) days after receiving notice
under part (B) or paragraph (3) of subsection (a) above from an employee or
otherwise receiving actual notice of such conviction.
(e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse
assistance or rehabilitation program by, any employee who is so convicted, as
required by section 5 of the Drug Free Workplace Act.
(f)
Assisting employees in selecting a course of action in the event drug counseling,
treatment, and rehabilitation is required and indicating that a trained referral team
is in place.
(g) Making a good faith effort to continue to maintain a drug free workplace through
implementation of the Drug Free Workplace Act.
THE UNDERSIGNED AFFIRMS, UNDER PENALTIES OF PERJURY, THAT HE OR
SHE IS AUTHORIZED TO EXECUTE THIS CERTIFICATION ON BEHALF OF THE
DESIGNATED ORGANIZATION.
TranSystems Corporation
Printed Name of Organization
Signature of Authorized Representative
Vito P. Sammarco - Vice President
Printed Name and Title
N/A
Requisition/Contract /Grant
ID Number
March 6, 1998
Date
ROUTE:
SECTION:
PROJECT:
COUNTY:
JOB NO.:
FAU 2632 (State Street)
93- 00021 -00 -PV
STPM -7003 (246)
Cook
C- 91- 159 -95
Exhibit A
(Sheet 1 of 2)
COST ESTIMATE OF CONSULTANT SERVICES
STATE STREET IMPROVEMENT
PEIFFER AVENUE TO ILLINOIS STREET
VILLAGE OF LEMONT
PHASE III ENGINEERING SERVICES
OVERHEAD RATE 148.35%
COMPLEXITY FACTOR 0
Element of Work
Employee
Classification
Number Of
Manhours
Dollars ($)
% Of
Total
Payroll
Rate
Payroll
Costs
Overhead
& Fringe
Benefits
Fixed Fee
Total
1. Construction Observation
Resident Engineer
1268
$ 31.84
$ 40,373
$ 59,894
$ 13,464
$ 113,731
46.9%
2. Inspection Assistance
Resident Inspector II
1088
$ 21.44
$ 23,327
$ 34,605
$ 7,779
$ 65,711
27.1%
3. Construction Layout
Survey Crew Chief
232
$ 19.64
$ 4,556
$ 6,760
$ 1,520
$ 12,836
5.3%
4. Construction Documentation
Resident Inspector II
256
$ 21.44
$ 5,489
$ 8,142
$ 1,830
$ 15,461
6.4%
5. Project Coordination
Senior Construction Manag
76
$ 33.44
$ 2,541
$ 3,770
$ 848
$ 7,159
3.0%
6. Record Drawings
CADD Technician III
80
$ 16.36
$ 1,309
$ _ 1,942
$ 436
$ 3,687
1.5%
7. Vehicular Expense
- --
-
-
-
-
-
$ 5,504
2.3%
8. Material Testing
- --
-
-
-
-
-
$ 18,228
7.5%
TOTAL
3000
$ 77,595
$ 115,113
$ 25,877
$ 242,317
100.0%
VEHICLE EXPENSE =
TRANSYSTEMS CORPORATION
G-\t 3USDEVCLEMOMI\STATE IC'E('S0324 XI.Sjcecs ph.3
172 DAYS $32/DAY = $5,504
March 6, 1998
EXHIBIT A
(Sheet 2 of 2)
MANHOUR ESTIMATE WORKSHEET
STATE STREET IMPROVEMENT
PEIFFER AVENUE TO ILLINOIS STREET
VILLAGE OF LEMONT
PHASE 11I ENGINEERING SERVICES
MONTH
JUNE 98
JULY 98
AUG 98
SEPT 98
OCT 98
NOV 98
DEC 98
JAN 99
FEB 99
MAR 99
APR 99
MAY 99
JUN 99
JUL 99
TOTAL
CONTRACTOR'S SCHEDULE
WORKING DAYS
0
17
17
16
16
14
0
0
0
0
0
15
0
0
CUM. WORKING DAYS
0
17
34
50
66
80
80
80
80
• 80
80
95
95
95
95
WEEK DAYS
0
21
20
21
22
19
10
6
0
0
10
20
5
0
154
WEEKEND DAYS
0
4
4
4
4
2
0
0
0
0
0
0
0
0
18
TOTAL DAYS
0
25
24
25
26
21
10
6
0
0
10
20
5
0
172
TOTAL HOURS
0
200
192
200
208
168
80
48
- 0
0
80
160
40
0
1,376
TRANSYSTEMS STAFFING SCHEDULE
(HOURS)
1. Construction Observation
0
200
192
200
200
160
72
40
0
0
72
100
32
0
1268
• Resident Engineer
2. Inspection Assistance
0
200
192
200
208
168
80
0
0
0
0
40
0
0
1088
• Resident Inspector
3. Construction Layout
88
32
32
48
16
16
0
0
0
0
0
0
0
0
232
4. Construction Documentation
0
32
32
32
32
24
16
8
0
0
24
32
24
0
256
5. Project Coordination
8
12
8
8
8
8
0
0
0
0
8
8
8
0
76
6. Record Drawings
0
0
0
0
0
0
0
0
0
0
0
0
0
80
80
7. Vehicle Days
0
25
24
25
26
21
10
6
0
0
10
20
5
0
172
Note 1: Resident Inspector will provide full time assistance to the resident engineer during the months noted in Item 2 above.
EXIT B
Subconsultant Agreement
February 24, 1998
Mr. Todd S. Bright, P.E.
Project Manager
TranSystems Corporation
1051 Perimeter Drive, Suite 1025
Schaumburg, Illinois 60173 -5058
RE: P.N. 19,133 (Revised)
State Street Improvements
Peiffer Avenue to Illinois Street
Lemont (Cook County), Illinois
Section: 93-00021-00-PV
Project: STPM- 7003(245)
Dear Mr. Bright:
(Tsc)
TESTING SERVICE CORPORATION
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 revised 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
TranSystems Corporation.
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.
-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 IDOT 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 Full Range of Geotechnical Engineering, Environmental Services, and Construction Materials Engineering & Testing
Carol Stream, IL • Bloomington, IL • Cary, IL • Gurnee, IL • Peoria, IL • Shorewood, IL • Tinley Park, IL
TranSystems Corporation
P.N. 19,133 (Revised) - February 20, 1998
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 eighteen thousand two hundred twenty eight dollars ($18,228.00) is recommended for
your project. This estimate is based on a review of material quantities provided by TranSystems Corporation
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.
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. Todd S. Bright, P.E., Project Manager
TranSystems Corporation
1051 Perimeter Drive, Suite 1025
Schaumburg, Illinois 60173 -5058
When completing the attached project data form, kindly indicate who is to receive copies of TSC's report and
other project data.
Your consideration of our proposal is appreciated. We look forward to being of service to you on this project.
Respectfully Submitted
TESTING SERVICE CORPORATION Reviewed By,
Allen L. Dine /37 John W. Moky
President
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Approved and accepted for
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Section Manager
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TranSystems Corporation
P.N. 19,133 (Revised) - February 20, 1998
SCHEDULE OF CHARGES
ITEM I FIELD SERVICES
A. Construction Materials Engineering (CME) Technician
B. IDOT BIT or PCC Certified
C. IDOT QC /QA Level I BIT or PCC
D. IDOT QC /QA Level II BIT or PCC
CME Technician classification includes IDOT BIT/PCC and QC/QA Certified Technicians.
portal from the office servicing the project. Increase hourly rate by 1.3 for over 8.0 hours p
and/or Sunday work. Holiday work is 1.5 times standard rate. The minimum trip charge i
Engineering services for summary report preparation and project administration are invoice
Engineer Rate.
Per Hour:
Per Hour:
Per Hour:
Per Hour:
$ 35.75
$ 37.00
$ 40.00
$ 45.00
Time is portal-to-
er day, Saturday
s three (3) hours.
d at the Graduate
E. Transportation, Light Vehicle
F. Use of Nuclear Moisture/Density Gauge
G. Pickup Concrete Test Samples
ITEM IIII LABORATORY SERVICES
A. Soils
1. Compaction Curve to establish the maximum
dry unit weight and optimum water content
a. Modified (AASHTO T180, ASTM D1557)
b. Standard( AASHTO T99, ASTM D698)
c. Add for Methods B, C, or D
Per Mile:
Per Day:
Per Trip:
$ 0.40
$ 35.00
$ 40.00
Each: $ 130.00
Each: $ 110.00
Each: $ 15.00
2. Thin- Walled Tube Samples
a. Combined Water Content & Dry Unit Weight Determination Each: $ 11.50
b. Unconfined Compressive Strength Each: $ 11.00
B. Portland Cement Concrete /Aggregates
1. Concrete Cylinders
a. Compressive Strength
b. Spares/Handling Charge
c. Trim End of Specimen When Necessary
-3-
Each: $ 9.50
Each: $ 9.50
Each: $ 15.00
TranSystems Corporation
P.N. 19,133 (Revised) - February 20, 1998
2. Sieve Analysis
a. Unwashed
b. Washed
C. Bituminous Concrete
1. Extraction Analysis
2. Stability Flow and Bulk Density (Marshall Method)
a. 3 Specimens per Mix
b. With Percent Voids &- Theoretical Maximum Density
3. Density of Core Specimen
ITEM III CONSULTATION AND REPORT PREPARATION
A. Dr. Lawrence A. DuBose, P.E., S.E.
B. Registered Professional Engineer, Principal
C. Registered Professional Engineer
D. Graduate Civil Engineer
E. Transportation
1. Light Vehicle
Each: $ 40.00
Each: $ 55.00
Each: $ 95.00
Per Test: $ 125.00
Add: $ 50.00
Each: $ 20.00
Per Hour: $ 125.00
Per Hour: $ 95.00
Per Hour: $ 80.00
Per Hour: $ 70.00
Per Mile: $ 0.40
2. Public Transportation Cost + 10%
The above rates are valid through March 31, 1999
TranSystems Corporation
P.N. 19,133 (Revised) - February 20, 1998
ASSUMPTIONS & ESTIMATED FEE
The following estimate is based on review of materials quantities provided by TranSystems Corporation and the
Illinois Department of Transportation's Project Procedures Guide. At the time this estimate was prepared the
contractor's schedule was not available.
Earth Excavation/Aggregate Base Course/Trench Backfill
Item
No.
ITEMS
Unit
Quantity
Unit
Price
Amount
1
CME Technician
Hour
48.0
35.75
$ 1,716.00
2
Travel, CME Technician
Hour
20.0
35.75
$ 715.00
3
Travel, Light Vehicle
Mile
640
0.40
$ 256.00
4
Nuclear Moisture Density Gauge
Day
13
35.00
$ 455.00
5
Soil, Water Content and Dry Unit Weight Determination
Each
10
11.50
$ 115.00
6
Laboratory Compaction Curve
Each
4
130.00
$ 520.00
7
Sieve Analysis, Unwashed
Each
2
40.00
$ 80.00
Sub- Total:
$ 3,857.00
Estimate Basis: Earth Excavation 3 -3 hour trips; Embankment 2 -3 hour trips; Porous Granular Embankment 2 -3 hour trips; Trench Backfill
5 -3 hour trips; Sub -Base Granular Type B 4-3 hour trips.
Bituminous Concrete/Plant
Item
No.
ITEMS
Unit
Quantity
U.
Price
Amount
1
IDOT QC /QA Level I Technician
Hour
99.0
40.00
$ 3,960.00
2
Travel, QC /QA Level I Technician
Hour
18.8
40.00
$ 750.00
3
Travel, Light Vehicle
Mile
600
0.40
$ 240.00
4
Bituminous Concrete Extraction Analysis
Each
11
95.00
$ 1,045.00
5
Marshall Determination, Set of 3
Each
8
125.00
$ 1,000.00
6
Density of Core Sample
Each
0
20.00
$ 0.00
Sub- Total:
$ 6,995.00
Estimate Basis: Bituminous Base Course 4 -6 hour trips; Leveling Binder 2 -6 hour trips; Binder Course 4-7 hour trips; Surface Course 4-7
hour trips; "Class D" Patches 1 -7 hour trip.
-5-
TranSystems Corporation
P.N. 19,133 (Revised) - February 20, 1998
Bituminous Concrete/Field
Item
No.
ITEMS
Unit
uanti
Q ty
Unit
Price
Amount
1
IDOT QC /QA Level I Technician
Hour
54.0
40.00
$ 2,160.00
2
Travel, IDOT QC /QA Level I Technician
Hour
22.5
40.00
$ 900.00
3
Travel, Light Vehicle
Mile
720
0.40
$ 288.00
4
Pickup Test Samples
Each
0
40.00
$ 0.00
5
Nuclear Moisture Density Gauge
Day
18
35.00
$ 630.00
. Sub - Total:
$ 3,978.00
Estimate Basis: Bituminous Base Course 4 -3 hour trips; Leveling Binder 2 -3 hour trips; Binder Course 4-3 hour trips; Surface Course 4 -3
hour trips; "Class D" Patches 4 -3 hour trips.
Portland Cement Concrete/Plant
Item
No.
ITEMS
Unit
Quantity
Unit
Price
Amount
1
IDOT QC /QA Level I Technician
Hour
26.0
40.00
$ 1,040.00
2
Travel, QC /QA Level I Technician
Hour
7.5
40.00
$ 300.00
3
Travel, Light Vehicle
Mile
240
0.40
$ 96.00
4
Sieve Analysis, Unwashed
Each
6
40.00
$ 240.00
5
Sieve Analysis with #200 Wash
Each
0
55.00
$ 0.00
Sub - Total:
$ 1,676.00
Estimate Basis: Pavement 1-4 hour trip; Driveways -0-; Sidewalks 2 -5 hour trips; Concrete Structure -0 -; Combination Curb & Gutter 3-4
hour trips.
Portland Cement Concrete/Field
Item
No.
ITEMS
Unit
Quantity
U t
Price
Amount
1
. CME Technician
Hour
0.0
35.75
$ 0.00
2
IDOT QC /QA Level I Technician
Hour
0.0
45.00
$ 0.00
3
Travel, CME Technician
Hour
0.0
35.75
$ 0.00
4
Travel, QC /QA Level I Technician
Hour
0.0
40.00
$ 0.00
-6-
TranSystems Corporation
P.N. 19,133 (Revised) - February 20, 1998
Portland Cement Concrete/Field
Item
No.
ITEMS
Unit
Quantity
Price
Amount
5
Travel, Light Vehicle
Mile
0
0.40
$ 0.00
6
Pickup Test Samples
Each
11
40.00
$ 440.00
7
Concrete Test Samples
Each
76
9.50
$ 722.00
Sub- Total:
$ 1,162.00
Estimate Basis: All field work is to be done by TranSystems personnel. Concrete Test Samples: Pavement 4 cylinders; Driveways 8
cylinders; Sidewalks 24 cylinders; Concrete Structure 4 cylinders; Combination. Curb & Gutters 32 cylinders.
Project Coordination & Report Preparation
Item
No.
ITEMS
Unit
Quantity
Price
1
Project Engineer
Hour
8
70.00
$ 560.00
2
Secretary
N/C
N/C
$ 0.00
Sub - Total:
$ 560.00
TSC's base fee schedule includes up to three copies of each report.
Estimated Total: $ 18,228.00
CTSC)
TESTING SERVICE CORPORATION
1. PARTIES AND SCOPE OF WORK: "This Agreement" consists of Testing Service
Corporation's ( "TSC ") proposal, TSC's Schedule of Fees and Services, Client's written
acceptance thereof, if accepted by TSC, and these General Conditions. The terms contained
in these General Conditions are intended to prevail over any conflicting terms in this
Agreement. "Client" refers to the person or entity ordering the work to be done or professional
services to be rendered by TSC (except where distinction is necessary, either work or
professional services are referred to as "services" herein). 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 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. Client shall communicate these General Conditions to each and every
third party to whom the Client transmits any report prepared by TSC. Unless otherwise
expressly assumed in writing, TSC shall have no duty to any third party, and in no event shall
TSC have any duty or obligation other than those duties and obligations expressly set forth
in this Agreement. Ordering services from TSC shall constitute acceptance of TSC's proposal
and these General Conditions.
2. SCHEDULING OF SERVICES: The services set forth in this Agreement will 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: Client will arrange and provide such access to the site as is necessary
for TSC to perform its services. 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 restoration
of damage which may occur. If 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'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.§ 6901, et, 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 notify
Client.
6. MONITORING: If this Agreement includes testing construction materials or observing any
aspect of construction of improvements, TSC will report its test results and observations as
more specifically set forth elsewhere in this Agreement. 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 against TSC unless all tests and inspections have
been so performed and unless TSC's recommendations have been followed.
TSC's services shall not include determining or implementing the means, methods, techniques
or procedures of work done by the contractor(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
shall not in any way operate or excuse any contractor from the performance of its work in
accordance with its contract. "Contractor" as used herein shall include subcontractors,
suppliers, architects, engineers and construction managers.
7. ROOF INVESTIGATIONS: Should it be necessary to make roof cuts, Client agrees to provide
a roofing contractor of Client's choice to make such cuts, to remove samples as directed by
TSC personnel and to promptly make necessary patches or repairs. In the event that a roof
contractor is not so provided by Client, Client agrees that TSC may make and remove such
cuts as TSC deems necessary in the course of the investigation and Client assumes all risks
of damage to the roof system and the building which may arise as a result thereof.
8. LIMITATIONS OF PROCEDURES, EQUIPMENT AND TESTS: 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 engineering judgment and shall not be construed as a representation of fact.
Subsurface conditions may not be uniform throughout an entire site and ground water levels
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 not designed to detect intentional concealment or misrepresentation of facts by others.
Geotechnical and Construction Services
9. SAMPLE DISPOSAL: 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.
10. TERMINATION: This Agreement may be terminated by either party upon seven days prior
written notice. In the event of termination, TSC shall be compensated by Client for all services
performed up to and including the termination date, including reimbursable expenses.
11. PAYMENT: Client shall 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 writing 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 attomey's fees.
12. WARRANTY: TSC's professional services will be performed, its findings obtained and its
reports prepared in accordance with this Agreement 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, TSC 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 be construed as representations of fact.
Should TSC or any of its employees be found to have been negligent in 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 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 limit 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 Client's acceptance of TSC's proposal together with payment
of an additional fee in the amount of 5% of TSC's estimated cost for its services (to be adjusted
to 5% of the amount actually billed by TSC for its services on the project at time of completion),
the limit damages shall be 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 consideration for the exposure to an award of greater damages.
13. INDEMNITY: Subject to the provisions set forth 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, suites, causes of action, judgments, costs
and expenses, including reasonable attorneys' fees, arising, or allegedly arising, from personal
injury, including death, property damage, including loss of use thereof, due in any manner to the
negligence of either of them or their agents or employees. In the event both are negligent or at
fault, then any liability shall be apportioned between them pursuant to their pro rata 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 indemnities provided hereunder shall not
terminate upon the termination or expiration of this Agreement.
14. SUBPOENAS: TSC's employees shall not be retained as expert witnesses except by separate,
written agreement. Client agrees to pay TSC pursuant to TSC's then current fee schedule for any
TSC employee(s) subpoenaed by any party as an occurrence witness as a result of TSC's services.
15. 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, (ii) wherein
TSC waives any rights to a mechanics lien or (iii) that conditions TSC's right to receive payment
for its services upon payment to Client by any third party. These General Conditions are notice,
where required, that TSC shall file a lien 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 unenforceability or invalidity of any provision or
provisions shall 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's services, the parties agree to try in good faith to settle the dispute by
mediation under the Construction Industry Mediation Rules of the American Arbitration Association
as a condition precedent to filing any demand for arbitration, or any petition or complaint with
any court. Should litigation be necessary, the parties consent to jurisdiction and venue in an
appropriate Illinois State Court in and for the County of DuPage, Wheaton, Illinois or the Federal
District Court for the Northern District of Illinois. Paragraph headings are for convenience only
and shall not be construed as limiting the meaning of the provisions contained in these General
Conditions.
rev. 6/97
•
(TSC)
TESTING SERVICE CORPORATION
General Information:
Project Data Sheet
Distribute Reports as Follows:
Name.
Project Name: Company.
Project Address' Address-
City / State / Zip: City / State / Zip.
Project Manager Telephone.
Telephone: Fax
Fax:
Site Contact: Name-
Telephone: Company
Fax: Address.
Send Invoice To: City / State / Zip.
Purchase Order No: Telephone.
Attention: Fax
Company'
Address. Name'
City / State / Zip: Company-
Telephone. Address.
Fax City / State / Zip.
Important Notes: Telephone.
Fax
Name.
Company-
Completed By: Address.
Signature: City / State / Zip.
Name: Telephone.
Date. Fax