R-19-2012 Res Approving Const. Eng. Agrmt. for High Rd. LAPP Resurface ProjectRESOLUTION
RESOLUTION APPROVING CONSTRUCTION ENGINEERING SERVICES AGREEMENT
FOR FEDERAL PARTICIPATION
FOR HIGH ROAD, NORTH OF 135TH STREET TO 127TH STREET
LAPP RESURFACING PROJECT
WHEREAS, the Village of Lemont requires Construction Engineering Services related to the High
Road, north of 135th Street to 127th Street project;
WHEREAS, the Village of Lemont desires to enter into the Construction Engineering Services
Agreement for Federal Participation with Frank Novotny & Associates, inc. and procure seventy
percent (70 %) Federal Funds for this work;
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 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 9th day of April, 2012.
AYES NAYS PASSED ABSENT
Debby Blatzer V
Paul Chialdikas ✓
Clifford Miklos ✓
Rick Sniegowski V
Ronald Stapleton I/'
Jeanette Virgilio I�
Approved by me this 9th day of April, 2012.
Attest:
CHARLENE SMOLLEN, Village Clerk
Approved as to form:
Date:
CHARL2 E SMOLLEN, Village Clerk
K. REAVES, VIII 9' President
Jeffrey Stein, Village Attorney
Local Agency
Village of Lemont
i-<nzrnG> r >oor. E
I�10IS p � t
of Transportation
Construction Engineering
Services Agreement
For
Federal Participation
c
Consultant
Frank Novotn & Associates Inc.
y
County
Will
O
N
S
L
T
A
N
T
Address
825 Midway Drive
CitY
W llowbrook
11-00048 -00 -RS
Project No.
M- 9003(824)
State
Illinois
Job No
C -91 -565 -11
Zip Code
60527
Contact Name/Phone /E -mail Address
Ben Wehmeier
630 - 257 -1550
bwehmeier @Iemont.il.us
Contact Name /Phone /E -mail Address
James L. Cainkar, P.L.S., P.E.
630-887-8640
jcainkar @franknovotnyengineering.com
THIS AGREEMENT is made and entered into this day of , 2012 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 or attached exhibits the following terms are used, they shall be interpreted to mean:
Regional Engineer Deputy Director Division of Highways, Regional Engineer, Department of Transportation
Resident Construction Supervisor Authorized representative of the LA in immediate charge of the engineering details of the PROJECT
In Responsible Charge A full time LA employee authorized to administer inherently governmental PROJECT activities
Contractor Company or Companies to which the construction contract was awarded
Name High Road
Project Description
Route FAU 4307 Length 0.76 Mi Structure No. N.A
Termini 0.25 miles North of 135th Street (FAU 0282) to 127th Street (FAU 3774)
Description: Hot -mix asphalt resurfacing with leveling binder and hot -mix asphalt surface course, including necessary pavement
patching, and aggregate shoulder restoration.
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.
® 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 la. through 1 d. 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.
Page 1 of 8 BLR 05611 (Rev. 01/10/12)
Printed on 3/28/2012 11 :27:42AM
• 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 LA employee In Responsible Charge of the adequacy of the establishment and
maintenance of the traffic control.
® 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.
® 1. 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.
® n. Act as resident construction supervisor and coordinate with the LA employee In Responsible Charge.
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 LA employee In Responsible Charge.
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 LA employee In Responsible Charge, 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 1 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;
Page 2 of 8 BLR 05811 (Rev. 01/10/12)
Printed on 3/28/2012 11:27:42 AM
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 Qr 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)
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,
14. To be prequalified with the STATE in Construction Inspection when the ENGINEER or the ENGINEER's assigned staff is named as
resident construction supervisor. The onsite resident construction supervisor shall have a valid Documentation of Contract
Quantities certification.
15. ' Will provide, as required, project inspectors that have a valid Documentation of Contract Quantities certification.
11. THE LA AGREES, -
1. To furnish a full time LA employee to be In Responsible Charge authorized to administer inherently govemmental PROJECT
activities.
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 Pius Fixed Fee
Formulas
® FF = 14.5 %[DL + R(DL) + OH(DL) + IHDC], or
❑ FF = 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
FF =Fixed Fee
SBO.= Services by Others
Total Compensation = DL +IHDC+OH+FF+SBO
Specific Rate 0 (Pay per element)
Lump Sum ❑
Page 3 of 8 BLR 05611 (Rev. 01/10/12)
Printed on 3/28/2012 11:27:42 AM
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.).
7. To submit approved form BC 775 (Exhibit C) and BC 776 (Exhibit D) with this AGREEMENT.
111. 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 LA employee In Responsible
Charge. The ENGINEER shall complete all services specified herein within a time considered reasonable to the LA, after the
CONTRACTOR has completed the construction contract.
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 11 shall be
multiplied by this percentage and added to the ENGINEER's actual costs to obtain the eamed 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 concernjng 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 fumished
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.
Page 4 of 8 BLR 05811 (Rev. 01/10/12)
Printed on 3/28/2012 11:27:42 AM
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 1.
8. This certification is required by the Drug Free Workplace Act (301LCS 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
(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.
(f)
(9)
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 breath of this AGREEMENT, which may result in
the termination this AGREEMENT or such other remedy as the LA deems appropriate.
Page 5 of 8 BLR 05611 (Rev. 01/10/12)
Printed on 3/28/2012 11:27:42 AM
A s reement Summary
Prime Consultant:
TIN Number
Frank Novotny & Associates, Inc.
36- 2728920
Agreement Amount
$43,922.00
Sub- Consultants:
TIN Number
Agreement Amount
Testing Service Corporation, Inc.
35- 0937582
$4,063.00
Sub- Consultant Total:
$4,063.00
Prime Consultant Total:
$43,922.00
Total for all Work:
$47,985.00
Executed by the LA:
Charlene M. Smollen
/ /Z a 1//, .%/7i
(SEAL)
Clerk
Village of Lemont
(Municipality/Township/County)
By
itle: Brian K. Rea , Mayor
Executed by the ENGINEER;
ATTEST:
By:
Title: John E. Fitzgerald, Secretary
Frank Novotny & Associates, Inc.
By:
Title: James L. Cainkar, President
Page 6 of 8 BLR 05611 (Rev. 01/10/12)
Printed on 3/30/2012 2:03:53 PM
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Exhibit A - Construction Engineering
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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
Frank Novotny & Associates, Inc.
825 Midway Drive
630- 887 -8640
36- 2728920
Exhibit B
Village of Lemont
11- 00048 -00 -RS
M- 9003(824)
C -91- 565 -11
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
Testing Service Corp. Inc.
TIN Number
35- 0937582
Actual Payment
from Prime
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 8 of 8 BLR 05613 (Rev. 01/10/12)
Printed on 3/28/2012 11:27:42 AM
Civil Engineers/
Municipal Consultants
l�anl>< Novotny & Associates, Inc.
825 Midway Drive • Willowbrook IL 4 60527 4 Telephone. (630) 887 8640 + Far (630) 8874 13 2
APPENDIX "A"
AVERAGE HOURLY PAYROLL RATES
Effective Date: January 1, 2012
PAYROLL CLASSIFICATION PAYROLL RATE RANGE AVERAGE PAYROLL RATE
PRINCIPAL 70.00 TO 70.00 70.00
PROJECT MANAGER 58.87 TO 58.87 58.87
PROJECT ENGINEER 58.87 TO 58.87 58.87
CIVIL ENGINEER I 38.94 TO 38.94 38.94
SENIOR TECHNICIAN 35.17 TO 48.06 40.40
INSPECTOR 35.17 TO 58.87 42.52
SURVEYING TECHNICIAN 35.17 TO 58.87 43.45
CAD TECHNICIAN 21.60 TO 38.94 33.85
G.I.S. TECHNICIAN 20.14 TO 20.14 20.14
TECHNICAL ASSISTANT 10.00 TO 15.00 11.86
VILLAGE OF LEMONT
SECTION 11- 00048 -00 -RS
HIGH ROAD LAPP RESURFACING
SCHEDULE
PHASE 2 ENGINEERING APPROVED MARCH. 2012
PHASE 111 ENGINEERING AGREEMENT APPROVAL MAY, 2012
TARGET LETTING JUNE, 2012
February 13, 2012
Mr. Tim Klass
Frank Novotny & Associates Inc.
825 Midway Drive
Willowbrook, Illinois 60527
RE: P.N.48,461
Construction Material Engineering
High Road - Contract 63704
Lemont, Illinois
TSC
TESTING SERVICE CORPORATION
Local Office:
457 E. Gundersen Drive, Carol Stream, IL 60188 -2492
630.653.3920 • Fax 630.653.2726
Corporate Office:
360 S. Main Place, Carol Stream, IL 60188 -2404
630- 462 -2600 • Fax 630.653.2988
Dear Mr. Klass:
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 !DOT procedure guide.
• Laboratory
- Perform laboratory compaction curve for each soil type used.
- Determine density and thickness for core samples submitted by contractor.
- Aggregate gradation and soundness analysis.
- Perform compressive and flexural strength tests for concrete cylinders and beams.
-Other tests, as required.
Providing a Full Range of Geotechrrical Engineering, Environmental Services, and Construction Materials Engineering & Testing
Frank Novotny & Associates Inc.
P.N. 48,461 - February 13, 2012
TSC's field technicians are represented by Local 150 of the International Union of Operating
Engineers. Supervision of the testing, observation and reporting is provided by a Registered
Professional Engineer. Reports will generally be issued on a weekly basis as work progresses.
Invoices will be issued monthly, subsequent to the reporting period.
A budget amount of Four Thousand Sixty -Three Dollars ($4,063.00) 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,
2012.
The Services performed by TSC under this proposal are subject to prevailing wage regulations. under
Illinois law. Prevailing wage rates are established in June by the State of Illinois. Should the
established wage be changed between the time of this proposal and the time of work, it will be
necessary to revise this proposal so that the rates required by law are properly reflected. Prevailing
wage categories are defined as follows:
Material Tester 1: 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. 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.
Frank Novotny & Associates Inc.
P.N. 48,461 - February 13, 2012
Your consideration of our proposal is appreciated. We look forward to being of service to you on this
project.
Respectfully Submitted
TESTING SERVICE CORPORATION
) /z.s--;
Jeffrey R. Schmitz, P.E.
Project Manager
JRS:sa
Enc: General Conditions
Project Data Sheet
Approved and accepted for by:
(NAME)
(TITLE)
(DATE)
Frank Novotny & Associates Inc.
P.N. 48,461 - February 13, 2012
SCHEDULE OF CHARGES
ITEM I FIELD SERVICES
A. Material Tester I
B. Material Tester 11
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 11 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. 48,461 - February 13, 2012
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:
5. Determining Asphalt Content by Ignition Oven:
6. Determining Asphalt Content by Ignition Oven
and Washed Gradation:
7. Bulk Density of Core Specimens
ITEM In 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, 2012.
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. 48,461 - February 13, 2012
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
ITEMS
Unit
Quantity
price
Amount
1
Material Tester I1
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
No
ITEMS
Unit
Quantity
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
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. 48,461 - February 13, 2012
Portland Cement Concrete /Field
Item
No.
ITEMS
Unit
Quantity
Price
Amount
1
Material Tester I
Hour
4.0
109.50
$ 438.00
2
Travel, Material Tester I
Hour
109.50
$ 0.00
3
Travel, Light Vehicle
Mile
50
0.60
$ 30.00
4
Pickup Test Samples
Each
1
60.00
$ 60.00
5
Concrete Test Cylinders (6 "x 12 ")
Each
4
16.25
$ 65.00
6
Concrete Test Cylinders (4 "x 8 ")
Each
15.50
$ 0.00
7
Sieve Analysis, Unwashed
Each
68.50
$ 0.00
Sub- Total:
$ 593.00
Estimate Basis: One site visit to test and sample concrete placed for driveway pavement.
Bituminous Concrete /Plant
Item
ITEMS
Unit
Quantity
• Pry
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
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. 48,461 - February 13, 2012
Bituminous Concrete /Field
No
ITEMS
Unit
Quantity
Unit
Amount
1
Material Tester I
Hour
20.0
109.50
$ 2,190.00
2
Travel, Material Tester I
Hour
2
109.50
$ 0.00
3
Travel, Light Vehicle
Mile
200
0.60
$ 120.00
4
Pickup Test Samples
Each
60.00
$ 0.00
5
Nuclear Moisture Density Gauge
Day
4
35.00
$ 140.00
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
15
40.00
$ 600.00
Sub- Total:
$ 3,050.00
Estimate Basis: Four site visits to monitor the compaction of HMA mixes placed for binder, Class D patches, test strip and surface course.
Protect Coordination & Report Preparation
Item
ITEMS
Unit
Quantity
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: $ 4,063.00
RECOMMENDED BUDGET: $ 4,063.00
[TSC)
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 otherthan 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 atimely 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 property located and sized to meet
Client's projected building loads. Client shall cause all
tests and inspections of the site, materials and work to
be timely and 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 ali tests and Inspections
have been so performed and unless TSC's recommendations
have been followed.
TSC's services shall not include determining or implementing
the means, methods, techniques or procedures of work
done by the contractor(s) being monitored or whose work is
being tested. TSC's services shall not include the authority
to accept or reject work or to in any manner supervise
the work of any contractor. TSC's services or failure to
perform same shall not in any way operate or excuse any
contractor from the performance of its work in accordance
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 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
slmliar documents, and the ownership and freedom to use
all data generated by it for any purpose. Unless otherwise
agreed in writing, test specimens or samples will be
disposed immediately upon completion of the test All drilling
samples or specimens will be disposed sixty (60) days after
submission of TSC's report
R.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 involced and not paid or objected to in writing
for valid cause within sixty (60) days at the rate of twelve
(12 %) per annum (orthe 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 warrantles 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 •SC'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 TSG 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 $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
attorneys' fees, arising, or allegedly arising, from personal
injury, including death, property damage, Including loss of use
thereof, due in any manner to the negligence of either of them
or their agents or employees 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 or taut 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 (l) 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) th at requires
TSC to Indemnify any party beyond its own negligence These
General Conditions are notice, where required, thatTSC 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 unenforceability or
invalidity of any provision or provisions shall not render any
other provision or provisions unenforceable or invalid. This
Agreement shall be construed and enforced in accordance
with the laws of the State of Illinois. in the event of a dispute
arising out of or relating to the performance ofthisAgreement,
the breach thereof or TSC's services, the parties agree to
try in good faith to settle the disputa 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 07J0e
TSC
TESTING SERVICE CORPORATION
General Information:
Project Name:
Project Address:
City /State /Zip:
Project Manager:
Telephone: Fax
Project Data Sheet
Distribute Reports as Follows:
Name:
Company.
Address:
City / State / Zp.
Telephone.
Fax:
Site Contact: Name.
Telephone: Company
Fax: Address.
Send Invoice To: City / State / Zip:
Purchase Order No: Telephone
Attention: Fax
Company:
Address: Name.
City / State / Zip: Company.
Telephone: Address.
Fax: City / State / drip.
Important Notes: Telephone.
Fax
Name.
Company
Completed By: Address.
Signature: City / State / Zip
Name: Telephone.
Date: Fax.