R-13-10 - Res. Engineering Agrmt. Novotny 127th & Timberline SignalRESOLUTION R- C3 -/D
RESOLUTION AUTHORIZING APPROVAL OF AN ENGINEERING AGREEMENT
WITH FRANK NOVOTNY & ASSOCIATES, INC. IN CONJUNCTION WITH
THE 127th Street and Timberline Drive Project
WHEREAS, the Village of Lemont requires engineering services related to the construction
engineering and material testing of the 127th Street and Timberline Drive Traffic Signal Project;
WHEREAS, the Village of Lemont seeks to utilize the firm of Frank Novotny & Associates, Inc. as the
Project Engineer; and
WHEREAS, the Village and Frank Novotny & Associates, Inc. have negotiated an agreement to
identify the terms and conditions of the services to be provided.
NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees that the agreement
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 8th day of February, 2010.
Debby Blatzer
Paul Chialdikas
Clifford Miklos
Rick Sniegowski
Ronald Stapleton
Jeanette Virgilio
AYES NAYS PASSED ABSENT
Approved by me this 8th day of February, 2010.
CHARLENE SMOLLEN, Village Clerk
Approved as to form:
Date:
CHARLENE SMOLLEN, Village Clerk
BRIAN K. REAVES, Village President
Daniel P. Blondin, Village Attorney
Local Agency
Village of Lemont
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Illinois Department
of Transportation
Construction Engineering
Services Agreement
Federal Participation
C
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Consultant
Frank Novotny & Associates, Inc.
County
Cook
Address
825 Midway Drive
Section
09- 00046 -00 -TL
City
Willowbrook
Project No.
ARA-9003(377)
State
Illinois
Job
C -91- 718 -09
Zip Code
60527
Contact Name /Phone /E -mail Address
Ben Wehmeier, Administrator
(630) 257 -1550
bwehmeier@lennont.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 8`h day of February , 2010 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 127`h Street and Timberline Drive Route Length N/A Structure No. N/A
Termini Intersection
Description: Construction of a new traffic control signal at the intersection of 127th Street and Timberline Drive, in the Village of Lemont.
Agreement Provisions
I. 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.
O 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.
Page 1 of 7 BLR 05611 (Rev. 9/06)
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® h. Geometric control including all construction staking and construction layouts.
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.
® I. 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.
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.
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 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;
f) 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)
Page 2 of 7 BLR 05611 (Rev. 9/06)
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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.
b) 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.).
Page 3 of 7 BLR 05611 (Rev. 9/06)
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I11. 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
furnished 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 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 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 if 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.
(d) 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.
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.
(f)
(g)
Agreement Summary
Prime Consultant:
TIN Number
Agreement Amount
Frank Novotny & Associates, Inc.
36- 2728920
$31,764.00
Sub - Consultants:
TIN Number
Agreement Amount
$3,300.00
Testing Service Corporation
35- 0937582
Sub - Consultant Total:
$3,300.00
Prime Consultant Total:
$31,764.00
Total for all Work:
$35,064.00
Executed by the LA:
ATTEST
By:
Charlene M. Smollen
(SEAL)
Clerk
Village of Lemont
(Municipality/Township /County)
Title: 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 & so• ates, Inc.
Title: James L. Cainkar, President
BLR 05611 (Rev. 9/06)
Exhibit A - Construction Engineering
Route: Intersection
Local Agency: Village of Lemont I I *Firm's approved rates on file with IDOT'S
(Municipality/Township /County) c t Bureau of Accounting and Auditing:
Section: 09- 00046 -00 -TL .
Project: ARA -9003 (377) 1 ` Overhead Rate (OH) 1.9656 %
3
Job No.: C -91- 718 -09 E.; Complexity Factor (R) 0.00
Calendar Days 300
., a '
Method of Compensation: Q
Cost Plus Fixed Fee 1 ® 14.5 %[DL + R(DL) + OH(D r e]
Cost Plus Fixed Fee 2 ❑ 14.5 %[DL + R(DL) + 1 I IH u • ]
Cost Plus Fixed Fee 3 ❑ 14.5 %[(2.3 + R)DL + ]
Specific Rate ❑
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ineering Agreement \08335 020110 FAU ENGR HRS Phase 3 127th Street and Timberline.xls
M: \Lemont\2008 \08335 127th Street and Timberline Drive IDS \Agreements \Pha
2/1/20109:44 AM
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
09- 00046 -00 -TL
ARA- 9003(377)
C -91- 718 -09
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
35- 0937582
ro�
Sub - Consultant Total:
Prime Consultant Total:
Total for all Work
Completed:
February 8, 2010
Signat711+7- 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
Printed on 2/1/2010 10:09:40 AM
BLR 05611 (Rev. 9/06)
/41
Civil Engineers/
Municipal Consultants
liYeank Novotny & Associates, Inc.
825MidwayDrive ® Willowbrook IL + 60527 • Telephone: (630) 887 -8640 Far (630) 887-0132
APPENDIX "A"
AVERAGE HOURLY PAYROLL RATES
Effective Date: January 1, 2010
PAYROLL CLASSIFICATION PAYROLL RATE RANGE AVERAGE PAYROLL RATE
PRINCIPAL 70.00 TO 70.00 70.00
PROJECT MANAGER 51.81 TO 51.81 51.81
PROJECT ENGINEER 51.81 TO 51.81 51.81
CIVIL ENGINEER I 31.29 TO 31.29 31.29
SENIOR TECHNICIAN 32.36 TO 45.59 38.96
INSPECTOR 31.29 TO 51.81 39.70
SURVEYING TECHNICIAN 31.29 TO 51.81 39.70
CAD TECHNICIAN 20.50 TO 36.41 30.37
G.I.S. TECHNICIAN 19.10 TO 19.10 19.10
TECHNICAL ASSISTANT 11.50 TO 15.50 12.50
August 13, 2009
Mr. Tim Klass
Frank Novotny & Associates Inc.
825 Midway Drive
Willowbrook, Illinois 60527
RE: P.N. 43,572
Construction Material Engineering
127th Street - FAU 1591
Section 09- 00046 -00 -TL
Lemont, Illinois
Dear Mr. Klass:
TESTING SERVICE CORPORATION
Local Offices:
457 E. Gunderson Drive, Carol Stream, IL 60188.2492
630.6513920 • 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 815.748.2110
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 is staffed and equipped to provide any of the following services that may be ordered by you:
• Field Quality Control Services
- Observe proof - rolling operations.
- Recommend amount of undercut using IDOT cone penetrometer procedure.
- Perform in -place density tests on engineered fill /backfill and granular base course
- Test plastic concrete for slump, air content, temperature, unit weight and cast test cylinders.
- Establish rolling pattern for bituminous concrete pavement mix with nuclear density gauge.
- Pickup samples in the field for laboratory tests.
• Bituminous Concrete Batch Plant Quality Control Services
-Daily hot bin and extraction analysis.
- Sampling and testing of stockpile materials.
-Check and adjust mixing formulas, as necessary.
-Check temperatures of bitumen, drum and final mix.
-Mold Marshall samples and check for stability and flow or determine density of Prepared
(HMA) specimen by means of Gyratory Compactor.
-Other tests as required by current IDOT procedures guide.
Portland Cement Concrete Batch Plant Quality Control Services
- Verify that current IDOT mix design is being used.
-Check moisture content of fine aggregate.
- Perform sieve analysis on stockpiled materials, as required by 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 Geoteclinical Engineering, Environmental Services, and Consti'uclioii Materials Engineering & Testing
Carol Stream, IL • Bloomington, IL • DeKalb, IL • Gurnee, IL • Shorewood, IL • Tinley Park, IL •Rockford, IL
Frank Novotny & Associates Inc.
P.N. 43,572 - August 13, 2009
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 Three Thousand Three Hundred Dollars ($3,300.00) 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, 2009.
The Services performed by TSC under this proposal are subject to prevailing wage regulations under
Illinois law. Prevailing wage rates are established in June by the State of Illinois. Should the
established wage be changed between the time of this proposal and the time of work, it will be
necessary to revise this proposal so that the rates required by law are properly reflected. Prevailing
wage categories are defined as follows:
Material Tester I: Hand coring and drilling for testing of materials; field inspection of uncured concrete
and asphalt.
Material Tester 11: Field inspection of welds, structural steel, fireproofing, masonry, soil, facade,
reinforcing steel, formwork, cured concrete and concrete and asphalt batch plants, adjusting
proportions of bituminous mixtures.
TSC's fees include TSC's services being performed subject to the attached General Conditions which
are incorporated herein. Unless we receive written instructions to the contrary, invoices will be sent to:
Mr. Tim Klass
Frank Novotny & Associates Inc.
825 Midway Drive
Willowbrook, Illinois 60527
Tel: (630) 887 -8640
Fax: (630) 887 -0132
email: tklass @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. 43,572 - August 13, 2009
Your consideration of our proposal is appreciated. We look forward to being of service to you on this
project.
Respectfully Submitted
TESTING SERVICE CORPORATION
75)A gc
Jeffrey R. Schmitz, P.
Civil Engineer
JRS:JRM:sa
Enc: General Conditions
Project Data Sheet
Prepared By,
Jeffrey R. Martinka, P.E.
Approved and accepted for by:
(NAME)
(TITLE)
(DATE)
Frank Novotny & Associates Inc.
P.N. 43,572 - August 13, 2009
ITEM I
SCHEDULE OF CHARGES
FIELD SERVICES
A. Material Tester 1
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: $ 104.50
Per Hour: $ 108.50
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. 43,572 - August 13, 2009
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 IDOT Methods:
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
5. Determining Asphalt Content by Ignition Oven: Each: $ 100.00
6. Determining Asphalt Content by Ignition Oven
and Washed Gradation: Each: $ 175.00
7. Bulk Density of Core Specimens Each: $ 40.00
ITEM III CONSULTATION AND REPORT PREPARATION
A. Registered Professional Engineer, Principal Per Hour: $ 170.00
B. Registered Professional Engineer Per Hour: $ 130.00
C. Graduate Civil Engineer Per Hour: $ 100.00
D. Transportation
1. Light Vehicle
2. Public Transportation
The above rates are valid through December 31, 2009.
Per Mile: $ 0.60
Cost + 10%
Frank No.votny & Associates Inc.
P.N. 43,572 - August 13, 2009
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.
Portland Cement Concrete /Field
Item
No.
ITEMS
Unit
Quantit y
Unit
Price
Amount
1
Material Tester I
Hour
20.0
104.50
$ 2,090.00
2
Travel, Material Tester I
Hour
2
104.50
$ 0.00
3
Travel, Light Vehicle
Mile
250
0.60
$ 150.00
4
Pickup Test Samples
Each
5
60.00
$ 300.00
5
Concrete Test Cylinders (6 "x 12 ")
Each
20
16.25
$ 325.00
6
Concrete Test Cylinders (4 "x 8 ")
Each
15.50
$ 0.00
7
Sieve Analysis, Unwashed
Each
68.50
$ 0.00
Sub - Total:
$ 2,865.00
Estimate Basis: 5 trips of 4 hour duration for testing of concrete sidewalks, curb and gutter, handholes and foundations.
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: $ 3,285.00
RECOMMENDED BUDGET:
$ 3,300.00
TESTING SERVICE CORPORATION
1. PARTIES AND SCOPE OF WORK: If Client is ordering the
services on behalf of another, Client represents and warrants
that Client is the duly authorized agent of said party for
the purpose of ordering and 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 he 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 materiels 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 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 contractors) 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 sane shall not in any tray operate or excuse any
contractor from the perlormance of its work in accordance
E
•
4:r1ND TIONS
Geatechnical and Gonstruction 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 misrepresentation of facts by others.
7. DOCUMENTS AND SAMPLES: Client is granted an
exclusive license to use findings and reports prepared
and issued by TSC and any sub - consultants pursuant to
this Agreement for the purpose set forth in TSC's proposal
provided that TSC has received payment In full for its
services. TSC and, if applicable, its sub - consultant, retain
all copyright and ownership interests in the reports, boring
logs, maps, field data, field notes, laboratory test data and
similar documents, and the ownership and freedom to use
all data generated by it for any purpose. Unless otherwise
agreed in writing, test specimens or samples will be
disposed immediately upon completion of the test.All drilling
samples or specimens will he 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 he compensated by Client for all services performed up
to and including the termination date, including reimbursable
expenses. The terns 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 circunmstances 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 tinder similar circumstances. This
warranty is in lieu of all other warranties or representations,
either express or implied. Statements made in TSC repots
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 claimming 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 550,000 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
on damages shall be increased to S500,000 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)
front any and all claims, demands, liabilities, suits, causes of
action, judgements, costs and expenses, including reasonable
attorneys' fees, arising, or allegedly arising, from personal
injury, including death, properly damage, including loss of use
thereof, due in any manner to the negligence of either of therm
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
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
liability of TSC under this 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 mollified 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 anyl'SC employee(s) subpoenaed by any party
as an occurrence witness as a result of TSC's services.
13. OTHER AGREEMENTS: TSC shall not he 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 (iv) that requires
TSC to indemnify any party beyond its own negligence 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
terns shall be binding upon TSC. The unenforceabilily 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 fallh 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.
not 02/08
ITSC]
TESTING SERVICE CORPORATION
General Information:
Project Name:
Project Address:
Cily / State / Zip:
Project Manager:
Telephone:
Fax:
Site Contact:
Telephone:
Fax:
Send Invoice To:
Project Data Sheet
Distribute Reports as Follows:
Name:
Company:
Address:
Cily / Stale / Zip:
Telephone:
Fax:
Name:
Company:
Address:
City / State / Zip:
Purchase Order No: Telephone:
Attention: Fax:
Company:
Address:
Cily / State / Zip:
Telephone:
Fax:
Important Notes:
Completed By:
Signature:
Name:
Date:
Name:
Company:
Address:
City / State / Zip:
Telephone:
Fax:
Name:
Company;
Address:
City / State / Zip;
Telephone:
Fax:
127th Street and Timberline Drive
Traffic Signal Installation
SCHEDULE
November 6, 2009 — IDOT Letting
January 6, 2010 — Preconstruction Meeting
March 1, 2010 — Begin Construction
June 15, 2010 — Construction Complete