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1995-56e • RESOLUTION NO. 95- 56 A RESOLUTION APPROVING AN AGREEMENT FOR CONSTRUCTION ENGINEERING SERVICES RELATED TO THE BUSCH ROAD AND WEILAND ROAD INTERSECTION IMPROVEMENT WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and, WHEREAS, the Buffalo Grove Village Board approved an agreement providing for the reimbursement of certain construction engineering expenses related to this project through the adoption of Resolution No. 95 -45 which was approved on June 5, 1995; and, WHEREAS, the Village desires to adopt an agreement for the provision of necessary construction engineering services in a form which is acceptable to Federal funding procedural requirements; NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS as follows: Section 1: The attached agreement entitled, "Construction Engineering Services Agreement for Federal Participation" with the denoted project name "Busch Road From Weiland Road To Wisconsin Central Railroad" dated July 21, 1995 is hereby approved. Section 2: The Village Manager is hereby authorized and directed to execute said agreement. A copy of said agreement is attached hereto and made a part hereof. AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None ABSENT: 0 - None PASSED: August 7 1995 APPROVED: August 7 1995 App e Vill President ATTEST: ati� &14Q lage Clerk : \resol \busc 6 0 • Municipality Name Village of Buffalo Grove L O Illinois Department c DAMES & MOORE, INC. County C of Transportation O Address Lake A L N S 1701 Golf Road, Suite 404 Township p city C Vernon A Construction Engineering g g Services Agreement U L Rolling Meadows Section G For T State 94- 00049 -01 -PV E N Federal Participation A N Illinois Project No. C (Type of Funding) T Zip Code STPM- 7003(211) Y STU 60008 Job No. Existing C -91- 066 -95 Structure No: N/A THIS AGREEMENT is made and entered into this 21 day of July , 19 95 between the above Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the construction of the above SECTION. Federal -aid Funds allotted to the LA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the "STATE ", will be used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. WHEREVER IN THIS AGREEMENT the following terms are used, they shall be interpreted to mean: District Engineer District Engineer, Department of Transportation Resident Engineer LA employee directly responsible for construction of SECTION Contractor Company or Companies to which the construction contract was awarded Project Description Name Busch Road from Weiland Road to Wisconsin Central Railroad Route FAU 1257 Length 1.30 Mi. Termini Busch Road Station 63 +20 to Station 102 +75 Weiland Road Station 6 +00 to Station 34 +85 Description: Roadway reconstruction, concrete pavement, bituminous base course, bituminous binder and surface, curb and gutter, construction of storm sewer, roadway lighting, traffic signals landscaping, pavement markings and all incidental work Agreement Provisions The Engineer Agrees, To perform or be responsible for the performance of the following engineering services for the LA, in connection with the proposed improvement hereinbefore described, and checked below: a.(x) Proportioning and testing of concrete mixtures in accordance with the "Manual of Instructions for Concrete Proportioning and Testing" issued by the Bureau of Materials and Physical Research, of the STATE and promptly submit reports on forms prepared by said Bureau. b.(x) Proportioning and testing of bituminous mixtures (including extraction test) in accordance with the "Manual of Instructions for Bituminous Proportioning and Testing" issued by the Bureau of Materials and Physical Research, of the STATE, and promptly submit reports prepared by said Bureau. c.(x) All compaction tests as required by the specifications and report promptly the same on forms prepared by the Bureau of Materials and Physical Research. d.(x) Quality and sieve analyses on local aggregates to see that they comply with the specifications contained in the contract. BLR 4352 (Rev. 11/89) AGMT011/buffgrv2 (Sheet 1 of 7) e.(x) Inspection of all materials n inspection is not provided at the sodo by the Bureau of Materials and ' Physical Research, of the SE, and submit inspection reports to the LA and the STATE in accordance with the policies of the said STATE. f.(x) Inspect, document, and inform the resident engineer of the adequacy of the establishment and maintenance of the traffic control. g.(x) Geometric control including all construction staking and layouts. h.(x) Quality control in the construction work in progress and the enforcement of the contract provisions in accordance with the STATE Construction Manual. i.(x) Measurement and computation of pay items. j.(x) Maintain a daily record of the contractor's activities throughout construction including sufficient information to permit verification of the nature and cost of changes in plans and authorized extra work. k.(x) Preparation and submission to the LA in the required form and number of copies, all partial and final payment estimates, change orders, records, documentation, and reports required by the LA and the STATE. I #) Revision of contract drawings to reflect as built conditions. 2. Engineering services shall include all equipment, instruments, supplies, transportation and personnel required to perform the duties of the ENGINEER in connection with the AGREEMENT. 3. To furnish the services as required herein within twenty -four hours of notification by the RESIDENT ENGINEER or authorized representative. 4. To attend conferences and visit the site of the work at any reasonable time when requested to do so by the LA or representatives of the STATE. 5. That none of the services to be furnished by the ENGINEER shall be sublet, assigned, or transferred to any other party or parties without the written consent of the LA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. 6. That payment by the LA shall be as hereinafter provided. The ENGINEER shall submit invoices, based on his progress reports, to the RESIDENT ENGINEER, no more than once a month for partial payment on account for his work completed to date. Such invoices shall represent the value, to the LA of the partially completed work, based on the sum of the actual costs incurred, plus a percentage (equal to the percentage of the construction 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 he has sufficient properly trained, organized and experienced personnel to perform the services enumerated herein. 8. That the ENGINEER shall be responsible for the accuracy of the ENGINEER'S work and correction of any errors, omissions or ambiguities due to the ENGINEER'S negligence which may occur either during prosecution or after acceptance by the LA. Should any damage to persons or property result from his error, omission or negligent act, the ENGINEER shall indemnify the LA and its employees form all accrued claims or liability and assume all restitution and repair costs arising from such negligence. He shall give immediate attention to any remedial changes so there will be minimal delay to the contractor and prepare such data as necessary to effectuate corrections, in consultation with and without further compensation from the LA. 9. That the ENGINEER will comply with applicable Federal Statutes, State of Illinois Statutes, and local laws or ordinances of the LA. BLR 4352 (Rev. 11/89) AGMT011/buffgrV2 (Sheet 2 of 7) The Engineer Further Agrees, 0 to comply with all applicable Equal Employment and Nondiscrimination Acts, Executive Orders, and Regulations required by the U.S. Department of Transportation (DOT) including: a. 23 USC 710.405(b), Nondiscrimination on Basis of Sex in Right -of -Way Acquisition. b. 42 USC 2000d -1, Title VI of the Civil Rights Act of 1964 (Nondiscrimination on Basis of Race, Color, or National Origin). C. 49 CFR 21, Nondiscrimination in DOT Programs. d. 49 CFR 23, participation by MBE's in DOT Programs. It is the policy of the U.S. Department of Transportation that Minority Business Enterprises, as defined in 49 CFR Part 23, shall have the maximum opportunity to participate in the performance of contracts /agreements financed in whole or in part with Federal funds under this AGREEMENT. The ENGINEER agrees to ensure that minority business enterprises, as defined in 49 CFR Part 23, have the maximum opportunity to participate in the performance of this AGREEMENT. In this regard, the ENGINEER shall take all necessary and reasonable steps in accordance wit 49 CFR Part 23, to ensure that minority business enterprises have the maximum opportunity to compete for and perform portions of this AGREEMENT. The ENGINEER shall not discriminate on the basis of race, color, national origin, or sex in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The ENGINEER shall include the provisions of this "Policy" in every subcontract, including procurement of materials and leases of equipment. Failure to carry out the requirements set forth above shall constitute a breach of this AGREEMENT and may result in termination of the AGREEMENT or such remedy as deemed appropriate. e. 49 CFR 27, Nondiscrimination on Basis of Handicap. The LA Agrees, 1. To furnish a RESIDENT ENGINEER to be in responsible charge of general supervision of the construction. 2. To furnish the necessary plans and specifications. 3. To notify the ENGINEER at least twenty four hours in advance of the need for personnel or services. That for the performance by the ENGINEER of the services set forth above, the LA shall pay the ENGINEER on the following basis of payment: Amount of Basic Fee. The ENGINEER shall receive, as full payment for completing all work required of him under this AGREEMENT, a basic fee, consisting of payment for the items shown in Section 4(a), (b), (c) and (d) hereof. a. The ENGINEER shall be reimbursed for his actual costs related to the salaries of his employees for the time directly attributable and properly chargeable to the SECTION under the terms of this AGREEMENT, including salaries of principals of the ENGINEER for time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. A tabulation showing the present regular hourly salary range for each class of employee expected to work on this SECTION is as follows: BLA 4352 (Rev. 11/89) AGMT011/buff9M2 (Sheet 3 of 7) Hourly Rate Range Classification From To Principal Engineer $ 35.00 $ 45.00 Project Manager 25.00 38.00 Resident Engineer 17.00 28.00 Construction Engineer 14.00 20.00 Construction Technician 10.00 17.00 Clerical 7.00 13.00 Drafter 10.00 16.00 BLA 4352 (Rev. 11/89) AGMT011/buff9M2 (Sheet 3 of 7) The classifications of the em�es used in the work should be consistence the employee classifications and estimated manhours sh n EXHIBIT A. If the personnel of the firm, 51uding the Principal Engineer, perform routine services that should normally be performed by lesser - salaried personnel, the wage rate-billed for such services shall be commensurate with the work performed. In the event that additional classes of employees must be utilized or if salary adjustments are made, the above data may be modified by agreement between the ENGINEER and the LA. Costs related to salaries shall include actual withholdings and contributions by either the employee or the ENGINEER for the approved payroll burden items set forth in Exhibit A of this AGREEMENT. b. The ENGINEER shall be reimbursed for his direct non -salary costs which are directly attributable and properly allocable to the Project. (1) Direct non -salary costs paid by the ENGINEER may also include in -plant and travel expenses. Travel expenses within the State of Illinois only, that are necessary to fulfill the terms of this AGREEMENT, may be directly charged to the SECTION. Reimbursable travel expenses shall include the reasonable cost of meals, lodging, incidental expenses, and transportation for regular employees and principals of the ENGINEER only while away from their regular place of duty and directly engaged on the SECTION. Travel expenses may be based on actual costs, or on an agreed per diem or mileage basis, or on a combination of the two, provided the resulting charge is reasonable. The ENGINEER will not be required to submit receipts for reimbursement of in -plant and travel expenses, but will be required to submit a detailed listing of such actual expenses certified by him to be direct SECTION costs that are not included in overhead. (2) The withholding provisions contained in Section 5a and 5b of this AGREEMENT shall not apply to costs enumerated in Section 4b above. C. The ENGINEER shall be reimbursed for his actual overhead or indirect costs to the extent that they are property allocable to the SECTION. Such costs shall be established in accordance with sound accounting principles and business practices. Such costs are included in the overhead and expense rate set forth in EXHIBIT A of this AGREEMENT. The rate shown in EXHIBIT A is provisional for use in computing partial payments. Upon completion of the SECTION, final payment for indirect costs will be determined by audit of the ENGINEER'S accounts to establish the actual indirect costs incurred during the period of this AGREEMENT which are properly allocable to it. d. The ENGINEER shall be paid fixed fee (lump sum) of $29,201.00 to cover profit only. The maximum total amount payable, including actual costs, fixed fee, and contingencies, shall not exceed $277,701.00 unless there is a substantial change in the scope, complexity, or character of the work, or there is a substantial overrun in the time necessary for the ENGINEER to complete the work due to causes beyond his control. Under these circumstances, adjustments in total compensation tothe ENGINEER shall be determined through negotiation between the parties of this AGREEMENT and concurred in by the STATE. 5. Partial Payments. The LA, for and in consideration of the rendering of the engineering services enumerated herein, agrees to pay to the ENGINEER for rendering such services the basic fee hereinafter established in the following manner: a. For the first 50% of completed work, and upon receipt of monthly invoices from the ENGINEER and the 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 (See Section 6 of THE ENGINEER AGREES) minus all previous partial payments made to the ENGINEER. b. After 500/6 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 (See Section 6 of THE ENGINEER AGREES) minus all previous partial payments made to the ENGINEER. C. Final Payment - Upon approval by the LA but not later than 60 days after the work is completed and all final measurements and reports have been made and accepted by the LA, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER under Section 5a and 5b of this AGREEMENT shall be due and payable to the ENGINEER. BLR 4352 (Rev. 11/89) AGMT011/buffgrv2 (Sheet 4 of 7) It is Mutually Agreed • 1. That the ENGINEER and his subcontractors will maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and to make such materials available at their respective offices at all reasonable times during the AGREEMENT period and for three years from the date of final payment under this AGREEMENT, for inspection by the STATE, Federal Highway Administration, or any authorized representatives of the Federal Government and copies thereof shall be furnished if requested. 2. That all services are to be furnished as required by construction progress and as determined by the RESIDENT ENGINEER. The ENGINEER shall complete all services specified herein within a time considered reasonable to the LA, after the CONTRACTOR has completed the construction contract. 3. That all field notes,test records and reports shall be turned over to and become the property of the LA and that during the performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in his possession and any such loss or damage shall be restored at his expense. 4. That this AGREEMENT may be terminated by the LA upon written notice to the ENGINEER, at his last known post office address, with the understanding that should the AGREEMENT be terminated by the LA, the ENGINEER shall be paid for any services completed and any services partially completed. The percentage of the total services which have been rendered by the ENGINEER shall be mutually agreed by the parties hereto. The fixed fee stipulated in Section 4d of THE LA AGREES shall be multiplied by this percentage and added to the ENGINEER'S actual costs to obtain the earned value of work performed. All field notes, test records and reports completed or partially completed at the time of termination shall become the property of, and be delivered to, the LA. 5. That any differences between the ENGINEER and the LA concerning the interpretation of the provisions of this AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LA, and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 6. That in the event the engineering and inspection services to be furnished and performed by the LA (including personnel furnished by the ENGINEER) shall, in the opinion of the STATE be incompetent or inadequate, THE STATE shall have the right to supplement the engineering and inspection force or to replace the engineers or inspectors employed on such work at the expense of the LA. 7. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the Contractor's safety precautions, except as provided in Section 1f of the ENGINEER AGREES. Successors and Assigns That the LA and the ENGINEER bind themselves, their successors, executors, administrators, and assigns to the other party of this AGREEMENT, and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this AGREEMENT. Executed by the LA: ATTEST: By: &JL�U� Village Clerk (SEAL) Executed by the ENGINEER: ATTEST: By C- Title: Ste„ •,�� ���J� � � �4 �� AGMT011/buffgrv2 VILLAGE OF BUFFALO GROVE of the (Municipality/Township/County) State of Illinois, acting by and throuah its villam—erts'sn3e By: XA J U1kW /1 William R. Balling Title: Village Manager Board of DAMES & MOORE, INC. `' 1701 Golf Road, Suite 404 Meadows, Rolling .000: BLR 4352 (Rev. 11/89) (Sheet 5 of 7) Federal -Aid Projeco STPM - 7003(211) Certification of Engineer I hereby certify that I am the Principal and duly authorized representative of the firm of DAMES & MOORE, INC., whose address is 1701 Golf Road, Suite 404, Rolling Meadows, Illinois 60008, and that neither I nor the firm I herein represent has: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other considerations, any firm or person (other than a bona fide employee working solely for me or the above ENGINEER) to solicit or secure this AGREEMENT, (b) agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT, or (c) paid, or agreed to pay to any firm, organization or person (other than a bona fide employee working solely for me or the above ENGINEER (any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT. In addition, I and the firm I herein represent: (d) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (e) have not within a three -year period preceding this AGREEMENT been convicted of or had a civil judgement 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 or contract under a public transaction: violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction or records, making false statements, or receiving stolen property; (f) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (e) of this certification; (g) have not within a three -year period preceding this AGREEMENT had one or more public transactions (Federal, State or local) terminated for cause or default; Where the ENGINEER is unable to certify to any of the statements in this certification, such ENGINEER shall attach an explanation to this AGREEMENT. I acknowledge that this certificate is to be furnished to the LA and the STATE, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. (Date) QJ�2 Signature) Certification of LA I hereby certify that I am the Village Manager of Village of Buffalo Grove sid (County Board Chairman /Mayor/Village Preent) (County /Munidpality/Townahip) and that the above ENGINEER or his representative has not been required directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) employ or retain, or agree to employ or retain, any firm or person, or (b) pay, or agree to pay, to any firm, person or organization, any fee, contribution, donation, or consideration of any kind; except as herein expressly states (if any); acknowledge that this certificate is to be furnished to the STATE, in connection with this AGREEMENT involving participation of Federal -aid highwaylfunds, and isAubjemttgapplicable State and Federal laws, both criminal and civil. August 7, 1995 (Date) (Signature) BLR 4352 (Rev. 11/89) AGMT011 /buffgrv2 (Sheet 6 of 7) OR U*) LO O O T cn r- rn rn T to o O ° O ti I �I 3 : a� co r H cr- O Cam^`` ca O W �E� +� U U �Q c O O U- cU a) o CdCL O :3 co c w >, U O 'a Q a) 0m °d O_ m caQ' L F ,-• 0 OC_ o >1 N Q is — Qa- O•Ic cn r- rn rn T to o O ° O ti C 'O W •4) r H c O Q ,C M O O L W �E� k o 00 W ++ O O O cc V d L N m o m5 U Z, c 0 U Z cis c 3 0- �U U Q c0 V O CD CIS a) O p N O 0 cc CA � fA O C N d d UJ C to 3 N t` O U O .4r co E w O U rn r` °o r r N N V! LO co Ji m Cell O O II O co LL x a E U &P �w 0 r- n c v J m 2 H r- rn rn T to o O ° O ti �- O CD w H N N M T T N O t` In O T N ` co co co T t N CL U N ot$ N 0 CO N M u'� co O U � co m 0 T N o ?1 �, coLL C a) t U) f0 Co pOp N �V _ N N Ch O T c0 L C � N 00 ca 0 O CL V a 0 0 CL N O N T O O c o S Ir CL cc: a 0 L ro c O o co LO S co co 00 CD co CV n N (o v W 0 U c c CL O Y L V% tm ca ca O � N c a>i O c- c a� m rn UJ LU co O C O O U U O m y CL U U c D � > � CV CO r1' � Cfl rn r` °o r r N N V! LO co Ji m Cell O O II O co LL x a E U &P �w 0 r- n c v J m 2 H E e EXHIBIT B AVERAGE HOURLY PROJECT RATES CONSTRUCTION ENGINEERING BUSCH ROADMEILAND ROAD VILLAGE OF BUFFALO GROVE CLASSIFICATION SAL- ARY ITEM 1 CONSTRUCTION ENGINEERING ITEM 2 CONSTRUCTION SURVEY ITEM 3 INSPECTION ITEM 4 DOCUMENTATION REPORTS & SHOP DRAWINGS % WGT. PART. RATE % WGT. PART. RATE % WGT. PART. RATE % WGT. PART.: RATE PROJECT MANAGER 30.00 50.00: 15.00 8.35: 2.51 RESIDENT ENGINEER 22.00 50.00:: 11.00 16.67: 3.67 50.73 11.16 43.16 9.50 CONSTRUCTION ENGINEER 15.50 38.89:: 6.03 39.07 6.06 34.10: 5.29 CONSTRUCTION /SURVEY TECHNICIAN 10.00 44.44: 4.441 10.20: 1.02 14.39. 1.44 AVERAGE PAYROLL RATE 100.00: 26.00 100.00: 14.14 100.00: 18.24 100.00: 18.74 BUSCH RD. \EXH -B.WK4 0 z a w O f-� 0 �° v �0 i •5 � ° •b .� o •° 3 Q p aO_. cv CL y at '" N O • ° :i4 ) Y 00 0 on o ye�d�w o 'n r o W a ' 4 w a 8 00 O � 0 r C 2 a o a M U A W y O t y A. p P4 o y �,•ci a°, y • tZ a� it" p�I p w o 0 04 O O o Wo PLO V 0 o w e4 tn 0a rA . '° b ° d o wo con ed r s. rn r O r r t; 0 r ° A o o ti.�oo 8 40. ar �.fi id ��, cd ed •rr• N O O C b4 O to C N p 0 La, a 0 ol t'! 81 -S :r 8 8 0 o •� loo r° O O O p w t) a ar a o 0 0 p 00.2 O a 1, r •.+ cd 11.0 °' o O w°� N % o .b Aw a Hz 0 on oz o r °>' ° A ' on w •vQ w�a' Oou a z o 0 E-0 03 w '� 0 a � 'w P4 vZ A w� •0 w ° awe Y.� a o �wwyz o A op QO U i z w i o°ioa C7QW 1y0 .b w P4 00 0 OD= w w 2 4) A � O z o `�w �z a� z Q�rr Wap cz; c�Ww r!a, t 0 0 Vol O p ° y w cd r 0.� b a� �o = �go ao ° a� 0 —0 o w•.. 3 4, b r O0 r o o ao o r °p o. ao „ ,�• « `� ao �. .O t .d r end C °a a. i. 0 8 S .c 0 y N M w 0 A 3 r cd b 0 0�0 V A r 14 N O LL LL D m O a 2 W - U K h � � U � S W m a v EIIIIIIIIIIIIIIIIIIIIIIII EIIIIIIIIIIIIIIIIIIIIIIII EIIIIIIIIIIIIIIIIIIIIIIII EIIIIIIIIIIIIIIIIIIIIIIIII ■ E a W W W LL 7 m y � O O _ � U W H 5 m m > m a 0 a MINIIIIIIIIIIIIIIIN EIIIIIIIIIIIIIIIIIIIIIIINI EIIIIIIIIIIIIINIIIIIIIIII EIIIIIIIIIIIIIIIIIIIIIIIIII EIIIIIIIIIIIIIIIIIIIIIIIII EIIIIIIIIIIIIIIIIIIIIIIII EIIIIIIIIIIIIIIIIII EIIIIIIIIIIIIIIIIIIIIIIIII EIIIIIIIIIIIIIIIIIIIIIIII EIIIIIIIIIIIIIIIIIIIIIIIII EIIIIIIIIIIIIIIIIIIIIIIIIII EIIIIIIIIIIIIIIIIIIIIIIIII . . . . . . . . . . a LA&I (4) 0 z z 0 0 0 0 z 0 2 z I o 2 ( � [ ■ g I � \ \ } � � � z z it 'Q IWO Q, 001 E j\ \ 0 ° ( ! . ! ■ IN 2|\ \2§| ! §��m § * | o e VEHICLE COST Average Monthly Ownership Cost = $ 310.00 Average Monthly Insurance Cost = 110.00 Average Monthly Maintenance (Operating Cost) = 210.00 $ 630.00 Based on 21 days per month vehicle use, the daily cost = $30.00 Vehicle #1 - 10 weeks @ 5 days x $30.00 /day = Vehicle #1 - 30 weeks @ 6 days x $30.00 /day = Vehicle #2 - 28 weeks @ 5 days x $30.00 /day = Vehicle #2 - 4 weeks @ 6 days x $30.00 /day = TOTAL VEHICLE COSTS: AGMT10 \BUFFGROV $ 1,500.00 5,400.00 4,200.00 720.00 $11,820.00 EXHIBIT D i i TESTING SERVICE CORPORATION Carol Stream, Illinois June 23, 1995 Mr. Dave Nissen Dames & Moore /MCE One Continental Tower 1701 Golf Road, Suite 404 Rolling Meadows, Illinois 60008 Re: P.N. 14,450 Busch Road Project STPM -7003 (211) Buffalo Grove, Illinois Dear Mr. Nissen: Geotechnical Enoineerina Environmental Services Construction Materials Engineering & Testing Laboratory Testing of Soils & Materials Subsurface Exploration Per your request, Testing Service Corporation (TSC) is pleased to submit this proposal to provide the Construction Materials Engineering Services that may be requested by you during the course of the 1995 construction season. The broad objectives of our work will be to conduct and interpret tests and report our findings as directed by Dames & Moore /MCE. 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. - Pick up samples in the field for laboratory tests. Bituminous Concrete Patch Plant Quality Control Services - Daily hot bin and extraction analysis. - Sampling and testing of stockpile materials. - Check and adjust mixing formulas, as necessary. - Check temperatures of bitumen, drum and final mix. - Mold Marshall samples and check for stability and flow. - Other tests as required by current IDOT procedures guide. Portland Cement Concrete Batch Plant Quality Control Services - Verify that current [DOT 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. CAROL STREAM, IL 60188 -2492 BLOOMINGTON, IL 61704 -8141 CARY, IL 60013 -2978 GURNEE, IL 60031 -5906 TINLEY PARK, IL 60477 -1755 457 E. GUNDERSEN DRIVE 2911 GILL STREET, SUITE Al 209 CLEVELAND STREET, UNIT C 401 RIVERSIDE DRIVE, UNIT 10 16646 S. OAK PARK AVENUE (708) 653 -3920 (309) 662 -2215 (708) 516 -0505 (708) 249 -6040 (708) 429 -2080 FAX (708) 653 -2726 FAX (309) 662 -2138 FAX(708)516-0527 FAX(708)249-6042 FAX (708) 429 -2144 E41A Dames & Moore /MCE P.N. 14,450 - June 23, 1995 • 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. A budget amount of Sixteen Thousand Seven Hundred Fifty Five Dollars ($16,755.00) is recommended for your project. This estimate is based on a review of plans and specifications provided by Dames & Moore /MCE and prior experience on similar projects. Factors such as weather, contractor efficiency and deviations from minimum testing and observation requirements may significantly impact the CME budget. Our invoice(s) will be based on the actual units of work provided and the attached General Conditions which are incorporated into and made a part of this proposal for your acceptance. This proposal is not applicable after October 1, 1995. Certificates of insurance will be furnished upon request. Testing Service Corporation is an independent professional firm that offers Geotechnical Engineering, Environmental Services, Construction Materials Engineering, and Subsurface Drilling and Sampling Services. Our company has been active in northeast Illinois for over thirty -five years. We currently provide services from five Illinois offices and have a staff of over 175 people including 35 engineers and geologists. At the core of our Construction Materials Engineering group are over 60 technicians supervised by a portion of our engineering staff who are responsible only to this department. Thank you for the opportunity to submit this proposal. If this proposal meets with your approval, please so indicate your acceptance by signing one copy and returning it to our Carol Stream, Illinois office. So that your project's file can be correctly set up, please complete the Project Data form that is an attachment to this proposal. We are eager to put our skills and knowledge to work for you. Feel free to call us if there are any questions concerning this proposal or the services that TSC can provide. Respectfully submitted, TESTIZ RVICE CORPORATION Allen L. DuBose President ALD:JM:ro Enc. 6 Pages Approved and accepted for (NAME) (TITLE) (DATE) 2 Prepared by, John Moky by: o e Dames & Moore /MCE P.N. 14,450 - June 23, 1995 SCHEDULE OF CHARGES ITEM I FIELD SERVICES A. Construction Materials Engineering (CME) Technician B. Transportation, Light Vehicle The time is portal -to -portal from the office servicing the project. Increase hourly rate by 1.3 for over 8.0 hours per day, Saturday and /or Sunday work. Holiday work is 1.5 times standard rate. The minimum trip charge is three (3) hours. Engineering services for summary report preparation and project coordination are invoiced at the Graduate Engineer Rate. C. Use of Nuclear Moisture /Density Gauge D. Pickup Concrete Test Samples ITEM II LABORATORY TESTS A. Soils 1. Compaction Curve to establish the maximum dry unit weight and optimum water content. a. Modified (AASHTO T180, ASTM D 1557) b. Standard (AASHTO T99, ASTM D 698) c. Add for Methods B, C, or D 2. Thin - Walled Tube Samples a. Combined Water Content & Dry Unit Dry Unit Weight Determination b. Unconfined Compressive Strength B. Portland Cement Concrete /Aggregates 1. Concrete Cylinders a. Compressive Strength b. Spares /Handling Charge c. Trim End of Specimen When Necessary d. Core Sample (includes length measurements) 2. Mortar Cubes 3 Per Hour: $ 34.75 Per Mile: $ 0.40 Per Day: $ 35.00 Per Trip: $ 36.75 Each: $ 130.00 Each: $ 110.00 Each: $ 15.00 Each: $ 10.50 Each: $ 11.00 Each: $ 9.00 Each: $ 9.00 Each: $ 15.00 Each: $ 30.00 o e Dames & Moore /MCE P.N. 14,450 - June 23, 1995 4 a. Compressive Strength Each: $ 9.00 b. 2" Cube Mold Per Day: $ 6.50 3. Sieve Analysis, Unwashed Each: $ 40.00 C. Bituminous Concrete 1. Extraction Analysis Each: $ 90.00 2. Stability, Flow and Bulk Density (Marshall Method) a. Set of 3 Specimens Per Test: $ 125.00 b. With Percent Voids and Theoretical Maximum Density Additional: $ 50.00 3. Density of Core Specimen Each: $ 20.00 ITEM III CONSULTATION AND REPORT PREPARATION A. Dr. Lawrence A. DuBose, P.E., S.E. Per Hour: $ 125.00 B. Registered Professional Engineer, Principal Per Hour: $ 95.00 C. Registered Professional Engineer Per Hour: $ 75.00 E. Graduate Civil Engineer Per Hour: $ 65.00 F. Transportation 1. Light Vehicle Per Mile: $ 0.40 2. Public Transportation Cost + 109 /0 The above rates are valid through March 31, 1996. 4 o e Dames & Moore /MCE P.N. 14,450 - June 23, 1995 ASSUMPTIONS & ESTIMATED FEE The following estimate is based on a review of material quantities furnished by Dames & Moore /MCE. At the time this proposal was prepared, the contractor's schedule was not available. Subgrade /Embankment (Field) • IDOT Technician, estimate 20 hours @ $34.75 /hour: $ 695.00 • Travel -IDOT Technician, estimate 8 hours @ $34.75 /hour: $ 278.00 -Light Vehicle, estimate 200 miles @ $0.40 /mile: $ 80.00 • Laboratory Tests - Laboratory Compaction Curve, estimate 2 @ $110.00 /each: $ 220.00 Sub - Total: $ 1,273.00 The above estimate includes five 4 -hour trips to the batch plant. Portland Cement Concrete (Plant) • IDOT Technician, estimate 156 hours @ $34.75 /hour: $ 5,421.00 • Travel -IDOT Technician, estimate 40 hours @ $34.75 /hour: $ 1,390.00 -Light Vehicle, estimate 1062 miles @ $0.40 /mile: $ 424.80 • Laboratory Tests - Aggregate Sieve Analysis, Unwashed, estimate 14 @ $40.00 each: $ 560.00 Sub - Total: $ 7,795.80 The above estimate includes 26 6 -hour trips to the batch plant. Portland Cement Concrete • IDOT Technician, estimate -0- hours @ $34.75 /hour: $ 0.00 • Travel -IDOT Technician, estimate -0- hours @ $34.75 /hour: $ 0.00 -Light Vehicle, estimate -0- miles @ $0.40 /mile: $ 0.00 • Concrete Test Cylinders, estimate 100 @ $9.00 /each: $ 900.00 • Pickup Test Samples, estimate 15 @ $36.75 /trip: $ 551.25 Sub - Total: $ 1,451.25 Allowance includes -0- trips to the site for on -site concrete testing and casting of concrete test cylinders. 5 Dames & Moore /MCE P.N. 14,450 - June 23, 1995 Bituminous Concrete (Plant) • IDOT Technician, estimate 56 hours @ $34.75 /hour: $ 1,946.00 • Travel -IDOT Technician, estimate 11 hours @ $34.75 /hour: $ 382.25 -Light Vehicle, estimate 310 miles @ $0.40 /mile: $ 124.00 • Laboratory Tests - Extraction Analysis, estimate 5 @ $90.00 /each: $ 450.00 - Marshall determinations, estimate 4 @ $125.00 /each: $ 500.00 Sub - Total: $ 3,402.25 The estimate is based on providing seven 8 -hour days at the batch plant as follows: Surface - 2 days; Binder Course - 1 day; Bituminous Aggregate Mixture - 4 days; Leveling Binder - -0- days. TSC's estimate is based on the assumption that the equipment necessary to perform the required extraction analysis and Marshall stability and flow work will not be available at the plant. If it is available, the technician assigned batch plant duties will perform these tests as part of his normal duties. Bituminous Concrete (Field) • IDOT Technician, estimate 32 hours @ $34.75 /hour: $ 1,112.00 • Travel -IDOT Technician, estimate 12 hours @ $34.75 /hour: $ 417.00 -Light Vehicle, estimate 357 miles @ $0.40 /mile: $ 142.80 • Laboratory Tests - Laboratory Core Density, estimate 32 @ $20.00 /each: $ 640.00 Sub - Total: $ 2,311.80 The above assumed that on -site nuclear moisture density gauge work will be limited to establishing the rolling patterns for each mixture. It is TSC's opinion that the job is not large enough to justify the expense related to correlating nuclear density gauge readings as currently required by [DOT. Core specimens will be taken by the contractor and delivered to the test lab for testing. Project Coordination & Report Preparation • Project Engineer, estimate 8 hours @ $65.00 /hour: • Secretary, N /C: • Photocopies and mailing, N /C: Sub - Total: TSC's base fee schedule includes up to three copies of each report. Estimated Total: RECOMMENDED BUDGET: 0 $ 520.00 $ 0.00 $ 0.00 $ 520.00 $ 16,754.10 $ 16,755.00 TSC TESTING SERVICE CORPORATION 1. PARTIES AND SCOPE OF WORK: "This Agreement" consists of Testing Service Corporation's ( "TSC ") proposal, TSC's Schedule of Fees and Services, client's written acceptance thereof, if accepted by TSC, and these General Conditions. The terms contained in these General Conditions are intended to prevail over any conflicting terms in this Agreement. "Client" refers to the person or entity ordering the work to be done or professional services to be rendered by TSC (except where distinction is necessary, either work or professional services are referred to as "services" herein). If client is ordering the services on behalf of another, client represents and warrants that client is the duly authorized agent of said party for the purpose of ordering and directing said services, and in such case the term "client" shall also include the principal for whom the services are being performed. Prices quoted and charged by TSC for its services are predicated on the conditions and the allocations of risks and obligations expressed in these General Conditions. Unless otherwise stated in writing, client assumes sole responsibility for determining whether the quantity and the nature of the services ordered by client are adequate and sufficient for client's intended purpose. Client shall communicate these General Conditions to each and every third party to whom the client transmits any report prepared by TSC. Unless otherwise expressly assumed in writing, TSC shall have no duty to any third party, and in no event shall TSC have any duty or obligation other than those duties and obligations expressly set forth in this Agreement. Ordering services from TSC shall constitute acceptance of TSC's proposal and these General Conditions. 2. SCHEDULING OF SERVICES: The services set forth in this Agreement will be accomplished in a timely and workmanlike manner. If TSC is required to delay any part of its services to accommodate the requests or requirements of client, regulatory agencies, or third parties, or due to any cause beyond its reasonable control, client agrees to pay such additional charges, if any, as may be applicable. 3. ACCESS TO SITE: Client will arrange and provide such access to the site as is necessary for TSC to perform its services. TSC shall take reasonable measures and precautions to minimize damage to the site and any improvements located thereon as a result of its services or the use of its equipment, however, TSC has not included in its fee the cost of restoration of damage which may occur. If client desires or requires TSC to restore the site to its former condition, TSC will, upon written request, perform such additional work as is necessary to do so and client agrees to pay to TSC the cost thereof plus TSC's normal markup for overhead and profit. 4. CLIENT'S DUTY TO NOTIFY ENGINEER: Client represents and warrants that client has advised TSC of any known or suspected hazardous materials, utility lines and underground structures at any site at which TSC is to perform services under this Agreement. 5. DISCOVERY OF POLLUTANTS: TSC's services shall not include investigation for hazardous materials as defined by the Resource Conservation Recovery Act, 42 U.S.C.§ 6901, et, seq., as amended ( "RCRA ") or by any state or Federal statute or regulation. In the event that hazardous materials are discovered and identified by TSC, TSC's sole duty shall be to notify client. 6. MONITORING: If this Agreement includes testing construction materials or observing any aspect of construction of improvements, TSC will report its test results and observations as more specifically set forth elsewhere in this Agreement. Client shall cause all tests and inspections of the site, materials and work to be timely and properly performed in accordance with the plans, specifications, contract documents, and TSC's recommendations. No claims for loss, damage or injury shall be brought against TSC unless all tests and inspections have been so performed and unless TSC's recommendations have been followed. TSC's services shall not include determining or implementing the means, methods, techniques or procedures of work done by the contractor(s) being monitored or whose work is being tested. TSC's services shall not include the authority to accept or reject work or to in any manner supervise the work of any contractor. TSC's services or failure to perform same shall not in any way operate or excuse any contractor from the performance of its work in accordance with its contract. "Contractor" as used herein shall include subcontractors, suppliers, architects, engineers and construction managers. 7. ROOF INVESTIGATIONS: Should it be necessary to make roof cuts, Client agrees to provide a roofing contractor of client's choice to make such cuts, to remove samples as directed by TSC personnel and to promptly make necessary patches or repairs. In the event that a roof contractor is not so provided by client, client agrees that TSC may make and remove such cuts as TSC deems necessary in the course of the investigation and client assumes all risks of damage to the roof system and the building which may arise as a result thereof. 8. LIMITATIONS OF PROCEDURES, EQUIPMENT AND TESTS: Information obtained from borings, observations and analyses of sample materials shall be reported in formats considered appropriate by TSC unless directed otherwise by Client. Such information is considered evidence, but any inference or conclusion based thereon is, necessarily, an opinion also based on engineering judgment and shall not be construed as a representation of fact. Subsurface conditions may not be uniform throughout an entire site and ground water levels may fluctuate due to climatic and other variations. Construction materials may vary from the samples taken. Unless otherwise agreed in writing, the procedures employed by TSC are not designed to detect intentional concealment or misrepresentation of facts by others. 0 Geotechnical and Construction Services 9. SAMPLE DISPOSAL: Unless otherwise agreed in writing, test specimens or samples will be disposed immediately upon completion of the test. All drilling samples or specimens will be disposed sixty (60) days after submission of TSC's report. 10. TERMINATION: This Agreement may be terminated by either party upon seven days prior written notice. In the event of termination, TSC shall be compensated by client for all services . performed up to and including the termination date, including reimbursable expenses. 11. PAYMENT., Client shall be invoiced periodically for services performed. Client agrees to pay each invoice within thirty (30) days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to in writing for valid cause within sixty (60) days at the rate of twelve (12 %) per annum (or the maximum interest rate permitted by applicable law, whichever is the lesser) until paid and TSC's costs of collection of such accounts, including court costs and reasonable attorney's fees. 12. WARRANTY. TSC's professional services will be performed, its findings obtained and its reports prepared in accordance with this Agreement and with generally accepted principles and practices. In performing its professional services, TSC will use that degree of care and skill ordinarily exercised under similar circumstances by members of its profession. In performing physical work in pursuit of its professional services, TSC will use that degree of care and skill ordinarily used under similar circumstances. This warranty is in lieu of all other warranties or representations, either express or implied. Statements made in TSC reports are opinions based upon engineering judgment and are not to be construed as representations of fact. Should TSC or any of its employees be found to have been negligent in performing professional services or to have made and breached any express or implied warranty, representation or contract, client, all parties claiming through client and all parties claiming to have in any way relied upon TSC's services or work agree that the maximum aggregate amount of damages for which TSC, its officers, employees and agents shall be liable is limited to $50,000 or the total amount of the fee paid to TSC for its services performed with respect to the project whichever amount is greater. in the event client is unwilling or unable to limit the damages for which TSC may be liable in accordance with the provisions set forth in the preceding paragraph, upon written request of client received within five days of client's acceptance of TSC's proposal together with payment of an additional fee in the amount of 5% of TSC's estimated cost for its services (to be adjusted to 5% of the amount actually billed by TSC for its services on the project at time of completion), the limit damages shall be increased to $500,000 or the amount of TSC's fee, whichever is the greater. This charge is not to be construed as being a charge for insurance of any type, but is increased consideration for the exposure to an award of greater damages. 13. INDEMNITY: Subject to the provisions set forth herein, TSC and client hereby agree to indemnify and hold harmless each other and their respective shareholders, directors, officers, partners, employees, agents, subsidiaries and division (and each of their heirs, successors, and assigns) from any and all claims, demands, liabilities, suites, causes of action, judgments, costs and expenses, including reasonable attorneys' fees, arising, or allegedly arising, from personal injury, including death, property damage, including loss of use thereof, due in any manner to the negligence of either of them or their agents or employees. In the event both are negligent or at fault, then any liability shall be apportioned between them pursuant to their pro rata share of negligence or fault. TSC and client further agree that their liability to any third party shall, to the extent permitted by law, be several and not joint. The indemnities provided hereunder shall not terminate upon the termination or expiration of this Agreement 14. SUBPOENAS: TSC's employees shall not be retained as expert witnesses except by separate, written agreement. Client agrees to pay TSC pursuant to TSC's then current Fee Schedule for any TSC employee(s) subpoenaed by any party as an occurrence witness as a result of TSC's services. 15. OTHER AGREEMENTS: TSC shall not be bound by any provision or agreement requiring or providing for arbitration of disputes or controversies arising out of thisAgreement or any provision wherein TSC waives any rights to a mechanics lien, or any provision that conditions TSC's right to receive payment for its services upon payment to client by any third party. These General Conditions are notice, where required, that TSC shall file a lien whenever necessary to collect past due amounts. ThisAgreement contains the entire understanding between the parties. Client acknowledges that no representations, warranties, undertakings or promises have been made other than and except those expressly contained herein. All understandings and agreements heretofore had among the parties respecting this transaction, are merged in this Agreement Unless expressly accepted by TSC in writing prior to delivery of TSC's services, client shall not add any conditions other than those contained in this Agreement TSC's offer to provide services is conditioned on client's acceptance of all the terms and conditions set forth in these General Conditions without alteration or modification of any kind. 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. The parties hereto consent to jurisdiction and venue in an appropriate Illinois State Court in and for the County of DuPage, Wheaton, Illinois or the Federal District Court for the Northern District of Illinois. Paragraph headings are for convenience only and shall not be construed as limiting the meaning of the provisions contained in these General Conditions. rev. 5/95