R-82-11 Res Approving Construction Engineering Services Agreement for McCarthy Rd.1Z-rz-/I
RESOLUTION
RESOLUTION APPROVING CONSTRUCTION ENGINEERING SERVICES AGREEMENT
FOR FEDERAL PARTICIPATION
FOR McCARTHY ROAD, WEST OF DERBY ROAD TO EAST OF ARCHER AVENUE
WHEREAS, the Village of Lemont requires Construction Engineering services related to the McCarthy Road
f FAu 1587), west of Derby Road to east of Archer Avenue project;
WHEREAS, the Village of Lemont desires to enter into a Construction Engineering Services Agreement for
Federal Participation with Frank Novotny & Associates, Inc. and procure seventy percent (70%) Federal
Funds for this work, with other matching State funds;
WHEREAS, the Village also has $800.024.00 in funds available for this construction engineering services and
construction work, and desires to appropriate same, with $$800.024.00 being its local share for both
construction and construction engineering services; and
WHEREAS, the Village Board has authorized the Village President to sign the Construction Engineering
Services Agreement for Federal Participation.
NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees that the agreements attached
hereto as Exhibit A is hereby 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 28th day of November, 2011.
Debby Blatzer
Paul Chialdikas
Clifford Miklos
Rick Sniegowski
Ronald Stapleton
Jeanette Virgilio
AYES NAYS PASSED ABSENT
v
v
v
Approved by me this 28th day of November, 2011
///, -_41/L.
HARLENE SMOLLEN, Village Clerk
Attest: / BRIAN
CHARLENE SMOLLEN, Village Clerk
K. REAVES, Vil) e President
Approved as to form:
Jeff Stein, Village Attorney
Date: November 28, 2011
Local Agency
Village of Lemont
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Illinois Department
of Transportation
Construction Engineering
Services Agreement
For
Federal Participation
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Consultant
Frank Novotny & Associates, Inc.
County
. Cook
Address
825 Midway Drive
Section
02- 0Q055 -00 -WR
City
Willowbrook
Project No.
HPP -M- 8003(504))
State
Illinois
Job No.
C-91-190-05
,
Zip Code
60527
Contact Name/Phone/E-mail Address
Ben Wehmeier
(630) 257 -1550
bwehmeier@lemont.il.us
Contact Name /Phone /E -mail Address
James L. Cainkar, P.E., P.L.S.
(630) 887 -8640
jimcainkar @franknovotnyengineering.com
THIS AGREEMENT is made and entered into this 28th day of November , 2011 between the above
Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the PROJECT
described herein. Federal -aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of
Transportation (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:
Regional Engineer Regional Engineer, Department of Transportation
Resident Engineer LA Employee directly responsible for construction of the PROJECT
Contractor Company or Companies to which the construction contract was awarded
Project Description
Name McCarthy Road Route FAU 1587 Length 0.50 mi Structure No. N/A
Termini West of Derby Rd to East of Archer Ave
Description: : This project consists of pavement widening, pavement resurfacing, intersection channelization, traffic control signals with
interconnection and all of the needed traffic control and restoration within the project limits..
Agreement Provisions
L THE ENGINEER AGREES,
1. To perform or be responsible for the performance of the engineering services for the LA, in connection with the PROJECT
hereinbefore described and checked below:
• a. Proportion concrete according to applicable STATE Bureau of Materials and Physical Research (BMPR) Quality
Control /Quality Assurance (QC /QA) training documents or contract requirements and obtain samples and perform
testing as noted below.
® b. Proportion hot mix asphalt according to applicable STATE BMPR QC /QA training documents and obtain samples
and perform testing as noted below.
• c. For soils, to obtain samples and perform testing as noted below.
® d. For aggregates, to obtain samples and perform testing as noted below.
NOTE: For 1 a. through 1d. the ENGINEER is to obtain samples for testing according to the STATE BMPR "Project
Procedures Guide ", or as indicated in the specifications, or as attached herein by the LA; test according to the
STATE BMPR "Manual of Test Procedures for Materials ", submit STATE BMPR inspection reports; and verify
compliance with contract specifications.
® e. Inspection of all materials when inspection is not provided at the sources by the STATE BMPR, and submit
inspection reports to the LA and the STATE in accordance with the STATE BMPR "Project Procedures Guide" and
the policies of the STATE.
® f. For Quality Assurance services, provide personnel who have completed the appropriate STATE BMPR QC /QA
trained technician classes.
® g.
Inspect, document and inform the resident engineer of the adequacy of the establishment and maintenance of the
traffic control.
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® h. Geometric control including all construction staking and construction layouts.
® 1. Quality control of the construction work in progress and the enforcement of the contract provisions in accordance
with the STATE Construction Manual.
® j. Measurement and computation of pay items.
® k. 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.
Preparation and submission to the LA by the required form and number of copies, all partial and final payment
estimates, change orders, records, documentation and reports required by the LA and the STATE.
• m. 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. •
® I.
3. To furnish the services as required herein within twenty -four hours of notification by the resident engineer or authorized
representative.
4. To attend meetings and visit the site of the work at any reasonable time when requested to do so by representatives of the LA or
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. The ENGINEER shall submit invoices, based on the ENGINEER's progress reports, to the resident engineer, no more than once a
month for partial payment on account for the ENGINEER's 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 engineering 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 applicable to
improvement of the SECTION; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to
perform the services enumerated herein.
3. 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 the ENGINEER's error, omission or negligent act, the ENGINEER shall indemnify
the LA, the STATE and their employees from all accrued claims or liability and assume all restitution and repair costs arising from
such negligence. The ENGINEER 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 ordinances of the LA.
10. The undersigned certifies neither the ENGINEER nor I have:
a) employed or retained for 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 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 connection with, procuring or carrying out
the AGREEMENT.
d) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered
transactions by any Federal department or agency;
e) have not within a three -year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against
them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public
(Federal, State or local) transaction; 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;
1) are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph (e) of this certification; and
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.
g)
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BLR 05611 (Rev. 9/06)
11. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA.
12. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent
Amendment or Supplement.
13. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the work called for in the AGREEMENT.
11. 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 24 hours in advance of the need for personnel or services.
4. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the
following compensation formulas:
Cost Plus Fixed Fee
CPFF = 14.5 %[DL + R(DL) + OH(DL) + IHDC], or
❑ CPFF = 14.5%[DL + R(DL) + 1.4(DL) +IHDC], or
❑ CPFF = 14.5 %[(2.3 + R)DL + IHDC]
Where: DL = Direct Labor
IHDC = In House Direct Costs
OH = Consultant Firm's Actual Overhead Factor
R = Complexity Factor
Specific Rate ❑ (Pay per element)
Lump Sum ❑
5. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5 -409:
❑ With Retainage
a) For the first 50% of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by
the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to
90% of the value of the partially completed work 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 approval thereof by
the LA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to
95% of the value of the partially completed work minus all previous partial payments made to the ENGINEER.
c) Final Payment — Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have
been made and accepted by the LA and the STATE, a sum of money equal to the basic fee as determined in this
AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to
the ENGINEER.
® Without Retainage
a) For progressive payments — Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA,
monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value
of the partially completed work minus all previous partial payments made to the ENGINEER.
Final Payment — Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have
been made and accepted by the LA and STATE, a sum of money equal to the basic fee as determined in this AGREEMENT
less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER.
6. The recipient shall not discriminate on the basis on the basis of race, color, national origin or sex in the award and performance of
any DOT - assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall
take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT -
assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as
violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may
impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C.
1001 and /or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
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BLR 05611 (Rev. 9/06)
III. It is Mutually Agreed,
1. That the ENGINEER and the ENGINEER's 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
fumished if requested.
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 tumed 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 the ENGINEER's possession and any such loss or damage shall be restored at the
ENGINEER's expense.
4. That this AGREEMENT may be terminated by the LA upon written notice to the ENGINEER, at the ENGINEER's last known
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 services which have been rendered by the
ENGINEER shall be mutually agreed by the parties hereto. The fixed fee stipulated in numbered paragraph 4d of Section II 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 numbered paragraph 1 f of Section I.
8. This certification is required by the Drug Free Workplace Act (30ILCS 580). The Drug Free Workplace Act requires that no grantee
or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property
or service from the State unless that 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 a contract
or grant and debarment of contracting or grant opportunities with the State for at least one (1) year but no 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, as defined in the Act.
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 program; and
Page 4 of 7 BLR 05611 (Rev. 9/06)
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(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.
Notifying the contracting or granting agency within ten (10) days after receiving notice under part (B) of
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 convicted, as required by section S of the Drug Free Workplace Act.
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.
Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free
Workplace Act.
(d)
(f)
(g)
9. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this
AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT- assisted
contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in
the termination this AGREEMENT or such other remedy as the LA deems appropriate.
A. reement Summar
Prime Consultant:
TIN Number
Frank Novotny & Associates, Inc.
36- 2728920
Agreement Amount
$308,246.00
Sub - Consultants:
TIN Number
Agreement Amount
Testing Service Corporation
35- 0937582
$8,902.00
Crawford Murphy & Tilly, Inc.
37 -0844662
$56,210.00
Sub - Consultant Total:
$65,112.00
Prime Consultant Total:
$308,246.00
Total for all Work:
$373,358.00
Executed by the LA:
J j /emu 11 41Lr
Charlene M. Smollen
(SEAL)
Clerk
Village of Lemont
By;
(Municipality/Township/County)
ale: Brian K. Reaves, Mayor
Executed by the ENGINEER:
ATTEST:
By:
Title: John E. Fitzgerald, Secretary
Page 5 of 7
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Frank Novotny & Associates, Inc.
By:
Title: James L. Cainkar, President
BLR 05611 (Rev. 9/06)
BAR 05611 (Rev. 9/06)
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Illinois Department
of Transportation
Prime Consultant
Name
Address
Telephone
TIN Number
Project Information
Local Agency
Section Number
Project Number
Job Number
Exhibit B
Frank Novotny & Associates, Inc.
825 Midway Drive Willowbrook Illinois 60527
630 - 887 -8640
36- 2728920
Village of Lemont
02- 00055 -00 -WR
H PP -M- 8003(504)
C- 91- 190 -05
Engineering Payment Report
This form is to verify the amount paid to the Sub - consultant on the above captioned contract. Under penalty of law for
perjury or falsification, the undersigned certifies that work was executed by the Sub- consultant for the amount listed below.
Sub - Consultant Name
TIN Number
Actual Payment
from Prime
Testing Service Corporation
Crawford Murphy & Tilly, Inc
35- 0937582
37- 0844662
Sub - Consultant Total:
Prime Consultant Total:
Total for all Work
Completed:
Signature and title of Prime Consultant- James L. Cainkar, President
Date
Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory
purpose as outlined under state and federal law, Disclosure of this information is REQUIRED and shall be deemed as
concurring with the payment amount specified above.
Page 7 of 7 BLR 05611 (Rev. 9/06)
Printed on 4/20/2011 9:56:23 AM
/4/
Civil Engineers/
Municipal Consultants
Frame 1\Tovotny & Associates, Inc.
825 Midway + Wiilowbroo1 IL 9 60527 + Telephone: (630) 887-8640 + Fatr: (630)887-013B
APPENDIX "A°
AVERAGE HOURLY PAYROLL RATES
Effective Date: January 1, 2011
PAYROLL CLASSIFICATION PAYROLL RATE RANGE AVERAGE PAYROLL RATE
PRINCIPAL 70.00 TO 70.00 70.00
PROJECT MANAGER 57.14 TO 57.14 57.14:
PROJECT ENGINEER 57.14 TO 57.14 57.14
CIVIL ENGINEER I 36.41 TO 36.41 36.41
SENIOR TECHNICIAN 34.13 TO 46.65 40.06
INSPECTOR 34.13 TO 57.14 41.98
SURVEYING TECHNICIAN 34.13 TO 57.14 41.98
CAD TECHNICIAN 20.97 TO 37.25 32.16
G.I.S. TECHNICIAN 19.55 TO 19.55 19.55
TECHNICAL ASSISTANT 9.50 TO 14,00 11.57
OM)
January 11, 2011
Mr. James L. Cainkar, P.E., P.L.S.
Frank Novotny & Associates Inc.
825 Midway Drive
Willowbrook, Illinois 60527
RE: P.N. 46,328
Construction Material Engineering
McCarthy Road Improvements
Section 02- 00055 -00 -WR
Contract 63557 - FAU 1587
Lemont, Illinois
Dear Mr. Cainkar:
TESTING SERVICE CORPORATION
Local Offices.
457 E. Gundersen Drive, Carol Stream, IL 60188 -2492
630.653.3920 • Fax 630.653.2726
401 N. Riverside Drive, Suite 24, Gurnee, IL 60031 -5914
847.249.6040 • Fax 847.249.6042
203 Earl Road, Suite A, Shorewood, IL 60404-9446
815.744.1510 • Fax 815.744.1728
8201 W. 183rd Street, Suite C, Tinley Park, IL 60477 -9249
708.429.2080 • Fax 708.429.2144
650 Peace Road, Suite D, DeKalb, IL 60115 -8401
815.748.2100 • Fax 815348.2110
2235 23rd Avenue, Rockford, IL 61104 -7334
815.394.2562 • Fax 815.394.2566
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 Frank Novotny & Associates Inc.
TSC has prepared a Report of Soils Exploration for this project. The Report bears our project
number L- 73,230.
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.
• P ortland 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.
Providing a Full Range of Geotecrn¢ical Engineering, Environmental Services, and Construction. Materials Engineering & Testing
Carol Stream, IL • Bloomington,11 0 DeKalb, IL • Gurnee, IL • Shorewood, IL • Tinley Park, IL *Rockford, IL
Frank Novotny & Associates Inc.
P.N. 46,328 - January 11, 2011
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.
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 Eight Thousand Nine Hundred and Two Dollars ($8,902.00) is recommended for
your project. This estimate is based on a review of plans and specifications provided by Frank
Novotny & 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, 2011.
, 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. James L. Cainkar, P.E., P.L.S.
Frank Novotny & Associates Inc.
825 Midway Drive
Willowbrook, Illinois 60527
Tel: (630) 887 -8640
Fax: (630) 887 -0132
email: jimcainkar @franknovotnyengineering.com
When completing the attached project data form, kindly indicate who is to receive copies of TSC's report
and other project data.
-2-
Frank Novotny & Associates Inc.
P.N. 46,328 - January 11, 2011
Your consideration of our proposal is appreciated. We look forward to being of service to you on this
project.
Respectfully Submitted
TESTING SERVICE CORPORATION.
Jeffrey R. Schmitz, P.E.
Civil Engineer
JRS:sa
Enc: General Conditions
Project Data Sheet
Approved : n.. - - . ed for r"44-4-4 Q u '"C ,� 'G by:
(NAME)
''eS(Ot'a�
(TITLE)
(DATE)
Frank Novotny & Associates Inc.
P.N. 46,328 - January 11, 2011
ITEM I
FIELD SERVICES
A. • Material Tester I
SCHEDULE OF CHARGES
B. Material Tester II
C. IDOT QC /QA Level III BIT or PCC
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
E. Use of Nuclear Moisture /Density Gauge
F. Pickup Concrete Test Samples
ITEM II LABORATORY SERVICES
A. Soils
1. Compaction Curve to establish the maximum
dry unit weight and optimum water content
a. Modified (AASHTO T180, ASTM D1557)
b. Standard( AASHTO T99, ASTM D698)
c. Add for Methods B, C, or D
2. Thin - Walled Tube Samples
a. Combined Water Content & Dry Unit Weight
Determination
b. Unconfined Compressive Strength
B. Portland Cement Concrete /Aggregates
1. Concrete Test Cylinders (6 "x12 ")
a. Compressive Strength
b. Spares /Handling Charge
c. Trim End of Specimen When Necessary
-4-
Per Hour: $ 109.50
Per Hour: $ 112.50
Per Hour: $ 112.50
Per Mile: $ 0.60
Per Day: $ 35.00
Per Trip: $ 60.00
Each: $ 175.00
Each: $ 165.00
Each: $ 15.00
Each: $ 15.00
Each: $ 12.00
Each: $ 16.25
Each: $ 16.25
Each: $ 20.00
Frank Novotny & Associates Inc.
P.N. 46,328 - January 11, 2011
2. Concrete Test Cylinders (4 "x8 ")
a. Compressive Strength
b. Spares /Handling Charge
c. Trim End of Specimen When Necessary
3. Sieve Analysis
a. Unwashed
b. Washed
C. Bituminous Concrete
1. Extraction Analysis
a. Unwashed
b. Washed
2. Compaction of Bituminous Mixture by Gyratory
Methods and Bulk Specific Gravity Test
3. Theoretical Maximum Specific Gravity of
Paving Mixture
4. Calibration of Ignition Oven for Asphalt
Content by 1DOT Methods:
5. Determining Asphalt Content by Ignition Oven:
6. Determining Asphalt Content by Ignition Oven
and Washed Gradation:
7. Bulk Density of Core Specimens
ITEM 111 CONSULTATION AND REPORT PREPARATION
A. Registered Professional Engineer, Principal
B. Registered Professional Engineer
C. Graduate Civil Engineer
D. Transportation
1. Light Vehicle
2. Public Transportation
The above rates are valid through December 31, 2011.
Each: $ 15.50
Each: $ 15.50
Each: $ 20.00
Each: $ 68.50
Each: $ 85.00
Each: $ 185.00
Each: $ 205.00
Set of Two $ 185.00
Each: $ 90.00
Each: $ 650.00
Each: $ 100.00
Each: $ 175.00
Each: $ 40.00
Per Hour: $ 170.00
Per Hour: $ 130.00
Per Hour: $ 110.00
Per Mile: $ 0.60
Cost + 10%
Frank Novotny & Associates Inc.
P.N. 46,328 - January 11, 2011
ASSUMPTIONS & ESTIMATED FEE
The following estimate is based on review of materials quantities provided by the Frank Novotny &
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
No.
ITEMS
Unit
Quantit y
Unit
Price
Amount
1
Material Tester 11
Hour
112.50
$ 0.00
2
Travel, Material Tester II
Hour
112.50
$ 0.00
3
Travel, Light Vehicle
Mile
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
Item
No.
ITEMS
Unit
Quantity
y
Unit
Price
Amount
1
Material Tester II
Hour
112.50
$ 0.00
2
Travel, Material Tester 11
Hour
112.50
$ 0.00
3
Travel, Light Vehicle
Mile
0.60
$ 0.00
4
Pickup Test Samples
Each
60.00
$ 0.00
5
Concrete Test Cylinders (6 "x 12 ")
Each
16.25
$ 0.00
6
Concrete Test Cylinders (4 "x 8 ")
Each
15.50
$ 0.00
7
Sieve Analysis, Unwashed
Each
68.50
$ 0.00
8
Sieve Analysis with #200 Wash
Each
85.00
$ 0.00
9
Density of Core Sample
Each
40.00
$ 0.00
Sub- Total:
$ 0.00
Estimate Basis:
-6-
Frank Novotny & Associates Inc.
P.N. 46,328 - January 11, 2011
Portland Cement Concrete/Field
Item
ITEMS
Unit
Quantity
Unit Price
Amount -
1
Material Tester 1
Hour
28.0
109.50.
$ 3,066.00
2
Travel, Material Tester 1
Hour
109.50
$ 0.00
3
Travel, Light Vehicle
Mile
350
0.60
$ 210.00
4
Pickup Test Samples
Each
7
60.00
$ 420.00
5
Concrete Test Cylinders (6 "x 12 ")
Each
28
16.25
$ 455.00
6
Concrete Test Cylinders (4 "x 8 ")
Each
15.50
$ 0.00
7
Sieve Analysis, Unwashed
Each
68.50
$ 0.00
Sub - Total:
$ 4,151.00
Estimate Basis: Seven site visits to test and sample concrete placed for foundations, handholes, driveways, sidewalks and combination curb
and gutter.
Bituminous Concrete /Plant
Item
No.
ITEMS
Unit
Quantit y
Unit
Price
Amount
1
Material Tester II
Hour
112.50
$ 0.00
2
Travel, Material Tester II
Hour
112.50
$ 0.00
3
Travel, Light Vehicle
Mile
0.60
$ 0.00
4
Pickup Test Samples
Each
60.00
$ 0.00
5
Nuclear Moisture Density Gauge
Day
35.00
$ 0.00
6
Bituminous Concrete Extraction Analysis
Each
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
Theoretical Maximum Specific Gravity of Paving Mixture
Each
90.00
$ 0.00
Sub - Total:
$ 0.00
Estimate Basis:
Frank Novotny & Associates Inc.
P.N. 46,328 - January 11, 2011
Bituminous Concrete /Field
Item
No.
ITEMS
Unit
Quantity
Unit
Price
Amount
1
Material Tester I
Hour
28.0
109.50
$ 3,066.00
2
Travel, Material Tester I
Hour
2
109.50
$ 0.00
3
Travel, Light Vehicle
Mile
300
0.60
$ 180.00
4
Pickup Test Samples
Each
60.00
$ 0.00
5
Nuclear Moisture Density Gauge
Day
7
35.00
$ 245.00
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
21
40.00
$ 840.00
Sub- Total::
$ 4,331.00
Estimate Basis: Six site visits to monitor the compaction of HMA mixes for the test strip, Class D patches, binder and surface courses.
Project Coordination & Report Preparation
Item
No.
ITEMS
Unit
Quantity
y
Unit
Price
Amount
1
Project Engineer
Hour
2
110.00
$ 220.00
2
QA Manager
Hour
2
100.00
$ 200.00
Sub- Total:
$ 420.00
TSC's base fee schedule includes up to three copies of each report.
Estimated Total: $ 8,902.00
RECOMMENDED BUDGET: $ 8,902.00
ftscj
TESTING SERVICE CORPORATION
1. PARTIES AND SCOPE OF WORK: If Client is ordering the
services on behalf of another, Client represents and warrants
that Client is the duly authorized agent of said party for
the purpose of ordering and directing said 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 client. TSC shall have no duty or obligation other than those
duties and obligations expressly set forth in this Agreement.
TSC shall have no duty to any third party. Client shall
communicate these General Conditions to each and every
party to whom the Client transmits any report prepared by
TSC. Ordering services from TSC shall constitute acceptance
of TSC'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: 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, 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 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 cdntractor(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
GENERAL CONDITIONS
Geotechnical and Construction Services
with its contract. "Contractor" as used herein 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 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 misrepreserdation 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 speclmens or samples will be
disposed immediately upon completion of the test.Ali 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 be
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 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 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, 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 maybe 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
on 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.
11. 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, suits, causes of
action, judgments, costs and expenses, including reasonable
attomeys' 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 or independent contractors. In
the event both TSC and Client are found to be negligent or
at fault, then any liability shall be apportioned between them
pursuantto their pro rata share of negligence orfault.TSC and
Client further agree that their liability to any third party shall,
to the extent permitted by law, be several and not joint. The
liability of TSC underthis provision shall not exceed the policy
limits of insurance carried by TSC. Neither TSC nor Client
shall be bound under this indemnity agreement to liability
determined in a proceeding in which it did not participate
represented by its own 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 subrogation agreed to by TSC and
paid for by Client,
12, SUBPOENAS: TSC's employees shall not be retained as
expert witnesses except by separate, written agreement.
Client agrees to pay TSC pursuant to TSC'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.
13. OTHER AGREEMENTS: TSC shall not be bound by
any provision or agreement (i) requiring or providing for
arbitration of disputes or controversies arising out of this
Agreement or its performance, (II) wherein TSC waives any
rights to a mechanics lien or surety bond claim; (iii) that
conditions TSC's right to receive payment for Its services
upon payment to Client by any third party or (nr) that requires
TSC to indemnify any party beyond its own negligence These
General Conditions are notice, where required, that TSC shall
file a Tien 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 unenforceablllty 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 thisAgreement,
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. Paragraph headings are for convenience only and shall
not be construed as limiting the meaning of the provisions
contained in these General Conditions.
REV 02108
(TSC)
TESTING SERVICE CORPORATION
General Information:
Project Name: ,
Project Address:
City / State / Zip:
Project Manager:
Telephone:
Fax:
Site Contact: „
Telephone:
Project Data Sheet
Distribute Reports as Follows:
Name:
Company:
Address:
• City / State / Zip: , _ .....
Telephone:
Fax:
Name:
Company:
Fax: Address:
Send Invoice To: City / State / Zip:
Purchase Order No: Telephone:
Attention: . Fax:
Company:
Address:
City / State / Zip:
Telephone:
Fax: . City/ State / Zip:
Important Notes:
Name:
Company:,
Address:
Completed By;
Signature:
Name:
Date:
Telephone:
Name:
Company:
Address:..
City / State / Zip:
Telephone:
Fax:
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT made between Frank Novotny & Associates, Inc., whose address is 825 Midway Drive, Willowbrook, IL,
60527 hereinafter called the CLIENT and Crawford, Murphy & Tilly, Inc., Consulting Engineers, 2750 West Washington Street,
Springfield, Illinois 62702, hereinafter called the ENGINEER.
WITNESSETH, that whereas the CLIENT desires the following described professional engineering, land surveying or
architectural services:
Construction layout services and earthwork documentation as described in Exhibit A — Scope of Services dated April 15,
2011.
NOW THEREFORE, the ENGINEER agrees to provide the above described services and the CLIENT agrees to compensate
the ENGINEER for these services in the manner checked below:
® On a time and expense basis in accordance with the attached Schedule of Hourly Charges which is subject to change at
the beginning of each calendar year. Reimbursable direct expenses will be invoiced at cost. Professional or Subconsultant
services performed by another firm will be invoiced at cost plus ten percent.
❑ At the lump sum amount of $
IT IS MUTUALLY AGREED THAT, payment for services rendered shall be made monthly in accordance with invoices rendered
by the ENGINEER.
IT IS FURTHER MUTUALLY AGREED:
That the scope of services shall not exceed $56,210, per Exhibit B -- Cost Estimate of Consultant Services dated April 15,
2011 without authorization from the Client.
The CLIENT and the ENGINEER each binds himself, his partners, successors, executors, administrators and assignees to each
other party hereto in respect to all the covenants and agreements herein and, except as above, neither the CLIENT nor the
ENGINEER shall assign, sublet or transfer any part of his interest in this AGREEMENT without the written consent of the other
party hereto. This AGREEMENT, and its construction, validity and performance, shall be govemed and construed in
accordance with the laws of the State of Illinois. This AGREEMENT is subject to the General Conditions attached hereto.
IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals this C day of06 V, 2011.
CLIENT: ENGINEER:
FRANK NOnVOT A - OCIATES, INC. CRAWFORD, MURPHY & TILLY, INC.
(Cli- Name)
(Signature) (Signature)
jp, • f \-k & �:._ CAt N kCA ,P eS f .��'Q:, ��► 1- '�,�, e����� '
(Name and Title) (Name and Title)
CMT Job No. TBD
4/15/2011
STANDARD GENERAL CONDITIONS
Crawford, Murphy & Tilly, Inc.
Standard of Care
In performing its professional services hereunder, the ENGINEER will use that degree of care and skill ordinarily exercised, under
similar circumstances, by members of its profession practicing in the same or similar locality. No other warranty, express or
implied, is made or intended by the ENGINEER'S undertaking herein or its performance of services hereunder.
2. Reuse of Document
All documents including Drawings and Specifications prepared by ENGINEER pursuant to this Agreement are instruments of
service. They are not intended or represented to be suitable for reuse by CLIENT or others on extensions of the Project or on any
other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at
CLIENTS sole risk and without liability or legal exposure to ENGINEER; and CLIENT shall indemnify and hold harmless
ENGINEER from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom.
3. Termination
This Agreement may be terminated by either party upon seven days prior written notice. In the event of termination, the
ENGINEER shall be compensated by the client for all services performed up to and including the termination date, including
reimbursable expenses, and for the completion of such services and records as are necessary to place the ENGINEER'S files in
order and/or to protect its professional reputation.
4. Parties to the Agreement
The services to be performed by the ENGINEER under this Agreement are intended solely for the benefit of the CLIENT. Nothing
contained herein shall confer any rights upon or create any duties on the part of the ENGINEER toward any person or persons not
a party to this Agreement including, but not limited to any contractor, subcontractor, supplier, or the agents, officers, employees,
insurers, or sureties of any of them.
5. Construction and Safety
The ENGINEER shall not be responsible for the means, methods, procedures, techniques, or sequences of construction, nor for
safety on the job site, nor shall the ENGINEER be responsible for the contractor's failure to carry out the work in accordance with
the contract documents.
6. Payment
Payment for services rendered shall be made monthly in accordance with invoices rendered by the ENGINEER. If payment is to
be on a lump sum basis, monthly payments will be based on the portion of total services completed during the month. Invoices, or
any part thereof, which are not paid within 30 days after the date of issue shall bear interest at the rate of 1 -1/2% for each month or
fraction thereof from the date 30 days after issue to time of payment. CLIENT will pay on demand all collection costs, legal
expenses and attorneys' fees incurred or paid by ENGINEER in collecting payment, including interest, for services rendered.
7. Indemnification for Release of Pollutants
If this project does not involve pollutants, this provision will not apply. This provision may not be deleted if the project involves
pollutants.
If, due to the nature of the service covered under this Agreement including the potential for damages arising out of the release of
pollutants, CLIENT agrees that in the event of one or more suits or judgments against ENGINEER in favor of any person or
persons, or any entity, for death or bodily injury or loss of or damage to property or for any other claimed injury or damages arising
from services performed by ENGINEER, CLIENT will indemnify and hold harmless ENGINEER from and against liability to CLIENT
or to any other persons or entities irrespective of Engineer's compensation and without limitation. It is understood that the total
aggregate liability of ENGINEER arising from services performed by ENGINEER shall in no event exceed $50,000 or the total
compensation received under this agreement whichever is greater, no matter the number of or amount of such claims, suits, or
judgments.
8. Risk Allocation — Check box n if this provision does not apply.
The total liability, in the aggregate, of the ENGINEER and ENGINEER'S officers, directors, employees, agents and consultants,
and any of them, to CLIENT and anyone claiming by, through or under CLIENT, for any and all injuries, claims, losses, expenses
or damages arising out of the ENGINEER'S services, the project or this agreement, including but not limited to the negligence,
errors, omissions, strict liability or breach of contract of ENGINEER or ENGINEER'S officers, directors, employees, agents or
consultants, or any of them, shall not exceed the total compensation received by ENGINEER under this agreement, or the total
amount of $50,000, whichever is greater.
4/15/2011
EXHIBIT A
Project Scope Description to Provide
Construction Layout and Documentation Services
for
McCarthy Road, Archer Avenue and Derby Road
April 15, 2011
The following construction layout and earthwork documentation will be provided in coordination
with the resident engineer, which is understood to be Frank Novotny & Associates, Inc.
Construction Layout
The following items will be laid out at the direction of the resident engineer. Each location will be
set using CMT survey equipment. Hub and lathe will be set and marked for each location
including offset stakes with station and grades. Twenty four hour notice will be required prior to
layout and it is intended that a half to full days of work will be scheduled.
A. Base Line Offsets will be set for McCarthy Road and Derby Road to be used by the contractor
and resident engineer during construction. Offset to be decided in field with resident engineer
B. Storm Sewers - Manholes, Inlets, Flared End Sections and Piping: At the direction of the
resident engineer each referenced item will be located with the location, offset, rim and invert.
C. Traffic Signals for McCarthy Road at Derby Road, Derby Road at Archer Avenue and McCarthy
Road at Archer Avenue: At the direction of the resident engineer each referenced item will be
located with the location, offset and cut grades.
D. Centerline of Pavement for McCarthy Road and Derby Road: At the direction of the resident
engineer each referenced item will be located with the location, offset and cut grades. Three
layouts planned for Derby Road.
E. Curbs at McCarthy Road and Derby Road: At the direction of the resident engineer each
referenced item will be located with the location, offset and cut grades. Two layouts planned for
Derby Road.
F. Earth excavation measurements will be taken at Derby Road. The intent is that initial (existing)
measurements/ cross - sections will be taken after milling and prior to start of earthwork
operations. Measurements will be taken at 50' increments and at significant changes in
earthwork cross section. CMT or the resident engineer (as determined by the resident
engineer during construction) will measure the subgrade elevation. The initial and subgrade
measurements, taken in the original positions, will be used for the earthwork calculations.
All items are proposed to.be field located one time, unless otherwise noted. Restaking of
previously located items will be an additional cost at the hourly rate.
Earthwork Documentation
CMT will provide cross sections which show the existing and subgrade elevations at 10' horizontal
to 5' vertical. A table with the earthwork excavation areas at each location and volumes in cubic
yards using the method of average end areas will be provided.
Provided by Others
Electronic base files will be provided to CMT.
Staking materials.
Page 1 of 1
Date: April 15, 2011
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BLR 05610 (Rev. 7/06)
Construction Staking for McCarthy/ Derby Road at Archer Avenue
Novotny & Assoc. l Village of Lemont
Man Hour Estimate for Consulting Services (Total Project)
Crawford, Murphy, and Tilly, Inc.
Summary of Man Hours
Item
CMT Total
Hours
Phase I Tasks .:
A Base Line Offsets
B Storm Sewers - Manholes, Inlets & Piping
C Traffic Signals
D Centerline of Pavement
E Curbs
F Earth Excavation
G
H
J
K
L
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tJ
Total Project Hours:
A Base Line Offsets
A -1 Office Coordination & Planning
A -2 Field Layout - McCarthy Road
A -3 Field Layout - Derby Road
Sub - total
B Storm Sewers - Manholes, Inlets & Piping
8 -1 Office Coordination & Planning
B -2 Field Layout
Sub - total
C Traffic Signals
C -1 Office Coordination & Planning
C -2 Field Layout - McCarthy Road / Derby
C -3 Field Layout - Derby Road / Archer
C -4 Field Layout McCarthy / Archer
Sub - total
D Centerline of Pavement
D -1 Office Coordination & Planning
D -2 Field Layout - McCarthy Road
D -3 Field Layout - Derby Road
Sub - total
E Curbs
E -1 Office Coordination & Planning
E -2 Field Layout - McCarthy Road
E -3 Field Layout - Derby Road
Sub - total
Hours
10
32
16
20
112
10
16
16
16
8
24
40
20
64
80
F Earth Excavation
F -1 Office Coordination & Planning 43
F -2 Derby Road 64
Sub - total
58.0
132.0
58.0
72.0
164.0
107.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
591.0
58
132
58
72
164
107
Exhibil B_CECS for Construction Staking_McCarihy Rd.xls 4115!2011 (11:03 AM)
Construction Staking for McCarthy/ Derby Road at Archer Avenue
Novotny & Assoc. / Village of Lemont
Estimate of Direct Costs
Crawford, Murphy, and Tilly, Inc.
A Base Line Offsets
1 Travel: 3 trips x 50 miles x $.51 /mile
2 Equipment
$80.00
$300.00
Sub - total $380.00
B Storm Sewers • Manholes, Inlets & Piping
1 Travel: 7 trips x 50 miles x $.51 /mile
2 Equipment
C
$180.00
$700.00
Sub - total $880.00
Traffic Signals
1 Travel: 3 trips x 50 miles x $0.51/mile
2 Equipment
$80.00
$300.00
Sub - total $380.00
D Centerline of Pavement
1 Travel: 5 trips x 50 miles x $.51 /mile
2 Equipment
$125.00
$500.00
Sub - total $625.00
E Curbs
1 Travel: 10 trips x 50 miles x $.51 /mile
2 Equipment
$255.00
$1,000.00
Sub - total $1,255.00
F Earth Excavation
1 Travel: 4 trips x 50 miles x $.51 /mile
2 Equipment
Sub - total
Exhibit B CECS for Construction StakIng_McCarthy Rd.xls
$100.00
$400.00
$500.00
TOTAL $4,020.00
3 of 6 4/15/2011 (11:03 AM)
AVERAGE HOURLY PROJECT RATES
Crawford, Murphy & Tilly, Inc.
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PAYROLL
CLASSIFICATION
{
7.3
senior Project Engineer
'roiect Engineer
senior Engineer
•enior Technical Manager
:ngineer
'fanner
'rofessional Land Surveyor
,enior Technician
0
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TOTALS
AVERAGE HOURLY PROJECT RATES
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Village of Faith
Mayor
Brian K. Reaves
Village Clerk
Charlene M. Smollen
Trustees
Debby Blatzer
Paul Chialdikas
Clifford Miklos
Rick Sniegowski
Ronald Stapleton
Jeanette Virgilio
Administrator
Benjamin P. Wehmeier
Administration
phone (630) 257 -1590
fax (630) 243 -0958
Building Department
phone (630) 257 -1580
fax (630) 257 -1598
Planning & Economic
Development
phone (630) 257 -1595
fax (630) 257 -1598
Engineering Department
phone (630) 257 -2532
fax (630) 257 -3068
Finance Department
phone (630) 257 -1550
fax (630) 257 -1598
Police Department
14600 127th Street
phone (630) 257 -2229
fax (630) 257 -5087
Public Works
16680 New Avenue
phone (630) 257 -2532
fax (630) 257 -3068
www.lemont.il.us
Village of Lemont
Ms. Diane M. O'Keefe, P.E.
Deputy Director of Highways
Region One Engineer
Illinois Department of Transportation
Division of Highways /District 1
201 West Center Court
Schaumburg, IL 60196
Re: McCarthy Road_ Improvements
Section No.: 02- 00055 -00 -WR
Project No.: HPP M- 8003(504)
Job No.: C- 91- 190 -05
Dear Ms. O'Keefe:
418 Main Street • Lemont, Illinois 60439
November 28, 2011
Please be advised that the Village of Lemont has selected Frank Novotny &
Associates, Inc. to perform engineering services forthe above - captioned improvement.
Their office has performed engineering services on various portions of this project,
and is very familiar with all of the aspects dealing with the construction. We have the
utmost confidence in their ability to perform the construction engineering and,
therefore, propose to engage their services for this task.
Should you have any questions concerning this matter, please do not hesitate to
contact me.
Sincerely,
VILLAGE OF LEMONT
Ben Wehmeier, Administrator
BW /dan
cc: Mr. James L. Cainkar, Frank Novotny & Associates, Inc.
Mr. Ralph Pukula, Director of Public Works
File No. 05027
05027 IDOT Ltr re selection of Engineer 11281.1.doc
McCarthy Road Improvements
Section 02- 00055 -00 -WR
Project HPP M- 800(504)
Job C -91- 190 -05
SCHEDULE
JANUARY 20, 2012
MARCH 11, 2012
April 15, 2012
NOVEMBER 15, 2012
IDOT LETTING
PRECONSTRUCTION MEETING
BEGIN CONSTRUCTION
CONSTRUCTION COMPLETE