13-148 Resolution No. 13-148
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH
CHRISTOPHER B. BURKE ENGINEERING, LTD. FOR CONSTRUCTION
ENGINEERING ACTIVITIES-PHASE III ENGINEERING SERVICES IN
CONNECTION WITH THE 2013 NEIGHBORHOOD RESURFACING PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute Amendment Agreement No. 1 with Christopher B. Burke
Engineering, Ltd. on behalf of the City of Elgin for construction engineering activities-Phase III
engineering services in connection with the 2013 Neighborhood Resurfacing Program, a copy of
which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: September 11, 2013
Adopted: September 11, 2013
Vote: Yeas: 8 Nays: 0 Abstained: 1
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AMENDMENT AGREEMENT No. 1
THIS AMENDMENT AGREEMENT is hereby made and entered into this day
of 2013, by and between the City of Elgin, Illinois, a municipal
corporation (hereinafter referred to as the "City"), and Christopher B. Burke Engineering, Ltd.
(CBBEL), an Illinois professional service corporation (hereinafter referred to as "Engineer").
WHEREAS, the City and Engineer hereto have previously entered into an agreement
dated May 8, 2013 wherein the City engaged the Engineer to furnish certain professional
services in connection with the 2013 Neighborhood Resurfacing Program(hereinafter referred to
as"Subject Agreement"and the"Project"); and
WHEREAS, the parties hereto have determined it to be in their best interest to amend
Original Agreement; and
WHEREAS, the City has determined that the proposed scope of the PROJECT should be
modified to include Construction Engineering Activities—Phase III Engineering Services.
NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth in
the Subject Agreement, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto agree as follows:
1. Section 1B of the Subject Agreement is hereby amended by adding the following to the
end thereof: "The Engineer shall also furnish the Construction Administration and
Construction Engineering Activities for the Project as detailed in Attachment A-1
attached hereto."
2. Section 2B of the Subject Agreement is hereby amended by adding the following to the
end thereof: "A detailed Project Schedule for calendar year 2013 for the Project is
attached hereto as Attachment B-1.
3. Section 4A of the Subject Agreement is hereby amended by adding the following to the
end thereof: "For services provided by the Engineer for Construction Administration
and Construction Engineering Activities added to the Subject Agreement pursuant to
Amendment No. 1, the Engineer shall be paid at the hourly rate for the classifications of
personnel who perform such work on the Project with the total fee for such services not
to exceed $87,292.00, regardless of the actual cost incurred by the Engineer unless
substantial modifications to the scope of work are authorized in writing by the Director
and approved by the parties by way of written amendment to this agreement. A detailed
breakdown of the estimated costs for such additional services to be provided pursuant to
Amendment No. 1 is attached hereto as Attachment C-1.
4. The changes provided to the Subject Agreement as provided in this Amendment
Agreement are germane to the original contract as signed and this Amendment
Agreement is in the best interests of the City of Elgin and is authorized by law.
5. That.except as amended in this Amendment Agreement the Subject Agreement shall
remain in full force and effect.
6. That in the event of any conflict between the terms of the Subject Agreement, and the
provisions in this Amendment Agreement, the provisions of this Amendment Agreement
shall control.
IN WITNESS WHEREOF, the undersigned have entered into and executed this
Amendment Agreement as of the date and year first written above.
CITY OF ELGIN CHRISTOPHER B. BURKE ENGINEERING, LTD.
By: By:
ity M-_
anager Its President
Attest: Attest:
,x/12 D
City Clerk Its Sec etary
F:\Legal Dept\AgreemenMmendment Agr No I-Christopher B Burke Engineering-8-22-13.docx
2
Attachment A — i
Scope of Services
CONSTRUCTION ADMINISTRATION
AND
CONSTRUCTION ENGINEERING ACTIVITIES
A. CONSTRUCTION ADMINISTRATION
1. General: The Construction Administrator will serve as the City of Elgin's representative
for the entire construction project as assigned by the City. As such he will function as an
extension of the City's staff and be responsible for overall implementation and
management of the project. The Construction Administrator will provide all Level 1
management services. These services are defined as all management functions and
requirements over and above the daily routine project requirements. They will include
implementation of City policies,program administration, coordination and monitoring of
consultants and contractors providing overall management control and direction to insure
completion of the construction project in accordance with the City's objectives of cost,
time and quality. The Construction Administrator will work closely with and report to the
Director or his designee.
2. Specific Duties and Responsibilities:
a. Proiect Control:
Establish and maintain lines of communication, authority, and procedures for
coordination among the City, Director, Design Engineer, Contractors, and
Construction Engineer as needed to carry out the project construction requirements.
Provide a pre-construction video of the entire project.
b. Additional Services:
When required, identifies the need for, and retains professional services of a
surveyor, testing laboratories and other special consultants, and coordinates these
services during their performance.
c. Contract Requirements:
Administrates and monitors for the Director, contractors and other project
consultants, the contractual requirements for items such as insurance, bonds, and
general conformance with governmental regulations,including minority compliance.
d. Construction Monitoring:
Monitors the work of contractors and construction engineer to insure adequate quality
control of the construction work and compliance with the design drawings,
specifications and other required regulations.
e. Scheduling:
Works with the contractor and Construction Engineer to insure that a workable
Page 2
construction schedule is developed and agreed to by all parties.Provide for continuous
monitoring(WEEKLY UPDATES)of the schedule as construction progresses.Identify
potential variances between scheduled and probable completion dates. Review
schedule for work completed,not started or incomplete and recommend to the Director,
Construction Engineer and contractors, adjustments in the schedule to meet the
probable competition date.Provide summary reports of each monitoring and document
all changes in schedule.
Together with the Construction Engineer determine the adequacy of the contractor's
personnel and equipment and the availability of materials and supplies to meet the
schedule. Recommend courses of action to the Director when requirements of a
contract are not being met.
f. Shop Drawings:
Monitor the submittal of all shop drawings, catalog cuts and material selections by
the contractors and coordinate timely approval of the same by the Design Engineer.
Review and monitor on a continuing basis the delivery status of critical material and
equipment so as to prevent unnecessary delays.
g. Administration:
Handle all project administrative correspondence including preparation of all written
documents and correspondence requiring the City's signature and authorization.
Maintain a file on all project correspondence and records to include daily
construction reports prepared by the Design Engineer's field Construction Engineer.
h. Contractor's Payment:
Review and process for payment,though the Director,all applications by contractors
and design consultants for progress and final payments.
i. Change Orders:
Recommend necessary or desirable changes to the Director and the Design Engineer,
review requests for changes, and handle all administrative aspects to include
contractor negotiations,formal preparation and submission with recommendation to
the Director.
j. Cost Control:
Monitors all project costs and revises and refines the initially approved changes as
they occur, and develop cash flow reports and forecasts as needed.
k. Job Meetings:
Conduct periodic(weekly in general)progress meetings with all associated parties to
review construction progress,procedures,scheduling,design interpretation,problem
Page 3
areas and overall coordination.
1. Reports:
Provide a timely weekly status reporting system to keep the City abreast of all aspects
of the project which will: a) emphasize problem areas to the Director on a by-
exception basis; and b) present solutions for the problems which will enable
management to make decisions on a go-or-no-go basis.
m. Public Information:
Provides advance and current information to the public as necessary and appropriate.
Works with citizens directly impacted by contractor to protect citizen's interests.
n. Final Completion:
Together with the Design Engineer and Construction Engineer conduct a pre-final
inspection and develop a pre-final inspection and develop a pre-final punchlist for the
contractor.Upon competition of the pre-final punchlist notify the Director that a final
inspection is in order. Attend the final inspection with the Director and contractors.
Advise the Director when all punchlist work resulting from the final inspection has
been completed. Recommend,prepare,and process all final pay estimates through the
Director and insure final invoice is submitted to the Director within 30 calendar days
of the completion date.
o. As-built Drawings:
Review as-built drawings prepared by the Design Engineer to insure adequate
information has been given to facilitate on-going maintenance work by the City.
Coordinate distribution of copies to the City Engineering,Public Works Operations
and Water Divisions as appropriate.
B. CONSTRUCTION ENGINEER
1. General: The Design Engineer may serve as the City's on-site construction representative
for the construction project as the Construction Engineer. He will be responsible for the
general control and field inspection of the construction project and will provide all Level 2
management services. These services are defined as all management functions required for
day to day control of the project. They will include field inspection, design interpretation,
contract administration and general coordination and control of the day to day construction
activities of the contractor to insure timely completion and quality construction in strict
compliance with contract drawings and specifications. The Construction Engineer will
work closely with and report to the Construction Administrator.
2. Specific Duties and Responsibilities
a. Liaison and Contract Control:
Page 4
Assist and provide guidance to the contractors in understanding the intent of the
contract documents. Serve as the City's representative with the contractors working
principally through the contractor's project engineer and on-site superintendent.
Serve as the City's liaison with other local agencies,utility companies,state agencies,
businesses, etc. keeping them advised of day to day activities.
b. Review of Work. Rejection of Defective Work. Inspection and Testing:
1) Conduct on-site observations of the work in progress to determine that the project
is proceeding in accordance with the contract documents and that completed work
will conform to the requirements of the contract documents.
2) Instruct contractor to correct any work believed to be unsatisfactory, faulty or
defective or does not conform to the requirements of the contract documents,or does
not meet the requirements of any inspections,tests or approval required to be made;
and advise Construction Administrator of action taken and if any special testing or
inspection will be required.
3) Verify that tests are conducted as required by the contract documents and in
presence of the required personnel, and that contractors maintain adequate record
thereof;observe,record and report to Construction Administrator appropriate details
relative to the test procedures.
4) Perform or cause to have performed as applicable, all required field tests such as
concrete tests, soil compaction tests and insure such tests are made by as may be
specified. Analyze the results of all field and laboratory tests to determine the
suitability of materials tested. Unless the consultant has incorporated the Clean
Construction and Demolition Debris (CCDD) into the construction documents,
he/she shall be responsible for all costs to properly meet the requirements of the law.
5) Accompany visiting inspectors representing public or other agencies having
jurisdiction over the project, record the outcome of these inspections and report to
Construction Administrator.
C. Contractors Suggestions and Requests:
Consider and evaluate suggestions and requests for modifications in drawings and
specifications which may be submitted by the contractor and make
recommendations to the Construction Administrator with any time and cost
implications for final decision.
d. Shop Drawings:
1) Review and approve shop drawings and samples,the results of tests and inspections
and other data which any contractor is required to submit,but only for conformance
with the design concept of the project and compliance with the information given in
Page 5
the contract documents: determine the acceptability of substitute materials and
equipment proposed by contractor(s); and receive and review(for general content as
required by the specifications) maintenance and operating instructions, schedules,
guarantees, bonds and certificates of inspection which are to be assembled by
contractor(s) in accordance with the contract documents.
2) Record and maintain a shop drawing submittal and approval log and notify
contractor whenever submittals are lacking or untimely.
e. Schedules:
Review construction schedule, schedule of shop drawing submissions and schedule
of values prepared by the contractor. Be alert to the construction schedule and to
the conditions which may cause delay in completion and report same to the
contractor and the Construction Administrator in sufficient time to make
adjustments.
£ Conferences:
1) Attend periodic progress meetings scheduled by the Construction Administrator
with all associated parties to review the overall project status and problems.
2) Arrange a schedule of on-site job work meetings with the general contractor and
sub-contractors to review day to day requirements and problems. Maintain and
circulate copies of minutes thereof.
g. Contract Administration and Records:
1) Handle all day to day contract administration and associated correspondence in
accordance with the established procedures.
2) Maintain at the job site orderly files for correspondence,reports of job conferences,
shop drawings and sample submissions,reproductions of original contract documents
including all addenda, change orders, field orders, additional drawings issued
subsequent to the execution of the contract documents, progress reports, and other
project related documents.
3) Keep a diary or log book, recording contractor's hours on the job site, wether
conditions,data relative to questions of extras or deductions,list of visiting officials,
daily activities, decisions,observations in general and specific observations in more
detail as in the case of observing test procedures.
4) Record names,addresses and telephone numbers of all contractors,sub-contractors
and major suppliers of equipment and materials.
Page 6
h. Reports:
Furnish Construction Administrator written reports as required of progress of the
work and contractor's compliance with the approved progress schedule and schedule
of shop drawing submissions.
i. Contractors Payment Requisition:
Review applications for payment with contractor for compliance with the established
procedure for their submission and forward them with recommendations to
Construction Administrator, noting particularly their relation to the schedule of
values, work completed and materials and equipment delivered to the site.
j. Governmental Policies:
Review contractor EEO policies and other governmental mandated programs to
insure contractor compliance with the governing regulations.
k. Change Orders:
Perform initial evaluation of change orders and submit same to Construction
Administrator with recommendation and cost estimate breakdown for final approval
and processing.
1. As-built Drawings:
Maintain an accurate record of all field conditions and upon completion of the project
insure that the design drawings are revised to show the true as-built condition.
m. Final-Completion:
1) Together with the Construction Administrator conduct a pre-final inspection and
prepare and give to the contractor a pre-final punchlist. Thereafter insure that the
contractor completes same in an expeditious fashion. Notify the Construction
Administrator in writing when all work is completed and ready for final payment.
2) Together with the Construction Administrator conduct a final inspection with the
City Engineer,Public Works Operations,and Water Division as appropriate,Project
Manager and the general contractor. Prepare a final punchlist and thereafter insure
that the contractor completes same in an expeditious fashion.Notify the Construction
Administrator in writing when all work is completed and ready for final payment.
Attachment B-1
Project Schedule
2013 Elgin Resurfacing Project
ID_o Task Name Duration _ Start _ Finish Predecessors Resource Names August September October
1 0 Preconstruction Meeting 1 day Mon 8/19/13 Mon 8/19/13 p�
-- —........................................................................................................................................................................................................................................................................................................................................................................................................................................................................
2 Mobilization 1 day Tue 8/20/13 Tue 8/20/13 1
3 ® Construction Observation 35 days Fri 8/23/13 Thu 10/10/13 2
.................................................................................................................................................-............................................................................-................-...........................-.................,.-..............-....................................................................................................................................
4 m Construction Documentation 20 days Mon 9/16/13 Fri 10/11/13 2
5
............................................................................................................................................................... ................................................................................
•
6
7
-- .................................................................................................................................................
8
9
10 Construction do mpletion 1 day Mon 10/14/13 Mon 10/14/13 4,3
11 Contract Closeout 10 days Tue 10/15/13 Mon 10/28/13 10
Task Milestone O External Tasks
Project: Elgin2013 Split .. .....,, Summary External Milestone O
Date: Mon 8/12/13
Progress Project Summary Deadline d5
Page 1
Attachment C-1
Detailed Cost Breakdown
Attachment C-1
City of Elgin
Engineering Services for 2013 Street Resurfacing Project ,.
Estimated Engineering Fees for Construction Support E L I N
August 1,2013
Total Total
Manhours Estimated Estimated Percent of Hours
TASK DESCRIPTION Engineer VI Engineer III Engineer 1/11 TSC** Manhours Cost
1 Pre-Construction 4 20 0 0 24 $3,340.00 3.71%
2 Construction Observation" 10 400 80 0 490 $60,260.00 75.73%
3 Documentation 0 55 10 0 65 $7,895.00 10.05%
4 Quality Assurance Testing 0 0 0 $4,606.00 - $4,606.00 -
5 Record Drawing 0 10 0 0 10 $1,250.00 1.55%
6 Project Close-Out 10 40 8 0 58 $7,916.00 8.96%
Totals (Task 1 through 6) 24 525 98 647 $85,267.00
Standard Charges$/HR $210.00 $125.00 $102.00
Total Estimated Personnel Cost $5,040.00 $65,625.00 $9,996.00 $4,606.00
Total Direct Costs* $2,025.00 - $2,025.00
TOTAL COST PROPOSAL(Not to Exceed) $87,292.00
'Vehicle @$45/Day
** Based on the contract completion date of October 11, 2013.
TSC-Quantity for Quality Assurance Testing represests the total cost, not hours. See TSC Proposal for breakdown.
N:\ELGIN\2013 Street Resurfacing\Elgin 2013 Street Resurfacing.080113.xis
Attachment D
Subconsultant Agreement
August 1, 2013 TESTING SERVICE CORPORATION
Corporate Qfce
360 South Main Place,Carol Stream,IL 60188-2404
630.462.2600 • Fax 630.653.2988
Mr. Dan Crosson
Christopher B. Burke Engineering, Ltd.
. 9575 West Higgins Road Suite 600
Rosemont, IL 60018-4920
RE: P.N. 51,365
Independent Testing Laboratory Services
2013 Street Resurfacing Project
Elgin, IL
Dear Mr. Crosson:
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 Christopher B. Burke Engineering, Ltd.
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 [DOT criteria.
-Check the slump, air and temperature of final mix.
-Other tests, as required by current IDOT procedure guide.
• Laboratory
-Perform laboratory compaction curve for each soil type used.
-Determine density and thickness for core samples submitted by contractor.
-Aggregate gradation and soundness analysis.
-Perform compressive and flexural strength tests for concrete cylinders and beams.
-Other tests, as required.
Providing a Full Range of Geotechnical Engineering, Environmental Services.and Construction afaterials Engineering& Testing
Christopher B. Burke Engineering, Ltd.
P.N. 51,365 - August 1, 2013
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 Six Hundred Six Dollars ($4,606.00) is recommended for your
project. This estimate is based on a review of plans and specifications provided by Christopher B.
Burke Engineering, Ltd. 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, 2013.
The Services performed by TSC under this proposal are subject to prevailing wage regulations under
Illinois law. Prevailing wage rates are established in June by the State of Illinois. Should the
established wage be changed between the time of this proposal and the time of work, it will be
necessary to revise this proposal so that the rates required by law are properly reflected. Prevailing
wage categories are defined as follows:
Material Tester I: Hand coring and drilling for testing of materials; field inspection of uncured concrete
and asphalt.
Material Tester II: Field inspection of welds, structural steel, fireproofing, masonry, soil, facade,
reinforcing steel, formwork, cured concrete and concrete and asphalt batch plants, adjusting
proportions of bituminous mixtures.
TSC's fees include TSC's services being performed subject to the attached General Conditions which
are incorporated herein. Unless we receive written instructions to the contrary, invoices will be sent to:
Mr. Dan Crosson
Christopher B. Burke Engineering, Ltd.
9575 West Higgins Road Suite 600
Rosemont, IL 60018-4920
Tel: (847) 823-0500
Fax: (847) 823-0520
email: dcrosson @cbbel.com
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Christopher B. Burke Engineering, Ltd.
P.N. 51,365 - August 1, 2013
When completing the attached project data form, kindly indicate who is to receive copies of TSC's report
and other project data.
Your consideration of our proposal is appreciated. We look forward to being of service to you on this
project.
Respectfully Submitted
TESTING SERVICE CORPORATION
Jeffrey R. Schmitz, P.E.
Project Engineer
Enc: General Conditions
Project Data Sheet
Approved and accepted for by:
(NAME)
(TITLE)
(DATE)
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Christopher B. Burke Engineering, Ltd.
P.N. 51,365 - August 1, 2013
SCHEDULE OF CHARGES
ITEM I FIELD SERVICES
A. Material Tester I Per Hour: $ 109.50
B. Material Tester 11 Per Hour: $ 112.50
C. IDOT QC/QA Level III BIT or PCC Per Hour: $ 112.50
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 Per Mile: $ 0.60
E. Use of Nuclear Moisture/Density Gauge Per Day: $ 35.00
F. Pickup Concrete Test Samples Per Trip: $ 60.00
ITEM II LABORATORY SERVICES
A. Soils
1. Compaction Curve to establish the maximum
dry unit weight and optimum water content
a. Modified (AASHTO T180, ASTM D1557) Each: $ 190.00
b. Standard( AASHTO T99, ASTM D698) Each: $ 180.00
c. Add for Methods B, C, or D Each: $ 15.00
2. Thin-Walled Tube Samples
a. Combined Water Content & Dry Unit Weight
Determination Each: $ 18.00
b. Unconfined Compressive Strength Each: $ 12.00
B. Portland Cement Concrete/Aggregates
1. Concrete Test Cylinders (6"x12")
a. Compressive Strength Each: $ 16.25
b. Spares/Handling Charge Each: $ 16.25
c. Trim End of Specimen When Necessary Each: $ 20.00
2. Concrete Test Cylinders (4"x8")
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Christopher B. Burke Engineering, Ltd.
P.N. 51,365 - August 1, 2013'
a. Compressive Strength Each: $ 16.25
b. Spares/Handling Charge Each: $ 15.50
c. Trim End of Specimen When Necessary Each: $ 20.00
3. Sieve Analysis
a. Unwashed Each: $ 68.50
b. Washed Each: $ 90.00
C. Bituminous Concrete
1. Extraction Analysis
a. Unwashed Each: $ 185.00
b. Washed Each: $205.00
2. Compaction of Bituminous Mixture by Gyratory
Methods and Bulk Specific Gravity Test Set of Two $ 185.00
3. Theoretical Maximum Specific Gravity of
Paving Mixture Each: $ 90.00
4. Calibration of Ignition Oven for Asphalt
Content by IDOT Methods: Each: $650.00
5. Determining Asphalt Content by Ignition Oven: Each: $ 100.00
6. Determining Asphalt Content by Ignition Oven
and Washed Gradation: Each: $ 175.00
7. Bulk Density of Core Specimens Each: $ 40.00
ITEM III CONSULTATION AND REPORT PREPARATION
A. Registered Professional Engineer, Principal Per Hour: $ 175.00
B. Registered Professional Engineer Per Hour: $ 160.00
C. Graduate Civil Engineer Per Hour: $ 120.00
D. Transportation
1. Light Vehicle Per Mile: $ 0.60
2. Public Transportation Cost+ 10%
The above rates are valid through December 31,2013.
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Christopher B. Burke Engineering, Ltd.
P.N. 51,365 - August 1, 2013
ASSUMPTIONS & ESTIMATED FEE
The following estimate is based on review of materials quantities provided by the Christopher B. Burke
Engineering, Ltd. and the Illinois Department of Transportation's Project Procedures Guide. At the time
this estimate was prepared the contractor's schedule was not available. The unit prices used below are
based on our current cost structure.
Portland Cement Concrete/Field
Item
No ITEMS Unit Quantity Pr Unit ce Amount
1 Material Tester 1 Hour 12.0 109.50 $ 1,314.00
2 Travel, Material Tester I Hour 109.50 $ 0.00
3 Travel, Light Vehicle Mile 120 0.60 $ 72.00
4 Pickup Test Samples Each 3 60.00 $ 180.00
5 Concrete Test Cylinders (6"x 12") Each 12 16.25 $ 195.00
6 Concrete Test Cylinders (4"x 8") Each 15.50 $ 0.00
7 Sieve Analysis, Unwashed Each 68.50 $ 0.00
Sub-Total: $ 1,761.00
Estimate Basis:Three site visits to test and sample concrete placed for sidewalks(2 trips)and combination curb and gutter(1 trip)
Bituminous Concrete/Field
Item PrUnit Quantity Pr cle Amount
1 Material Tester I Hour 20.0 109.50 $ 2,190.00
2 Travel, Material Tester I Hour 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 5 35.00 $ 175.00
Sub-Total: $ 2,485.00
Estimate Basis:Five site visits to monitor the compaction of HMA mixes placed for leveling binder(1 trip),binder(1 trip)and surface courses
(3 trips).
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Christopher B. Burke Engineering, Ltd.
P.N. 51,365 - August 1, 2013
Project Coordination & Report Preparation
Item ITEMS Unit Quantity U it Amount
1 Project Engineer Hour 3 120.00 $ 360.00
2 QA Manager Hour 0 100.00 $ 0.00
Sub-Total: $ 360.00
TSC's base fee schedule includes up to three copies of each report.
Estimated Total: $ 4,606.00
RECOMMENDED BUDGET: $ 4,606.00
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rim] GENERAL CONDITIONS
Geotechnical and Construction Services
TESTING SERVICE CORPORATION
1.PARTIES AND SCOPE OF WORK: N Client is ordering the with Its contract'Contractor'as used herein shall include
services an beW of another,Client represents and warrants subcontractors,suppliers, architects, engineers and for which TSC may befrableIn accordance with the p ' ons
that Client is the duty authorized agent of said party for construction managers. set forth in the preceding paragraph,upon v ' request
the purpose of ordering and directing said services and in of Client received within five days of Gie ptance of
such case the tens'Crient'shall also include the principal Information obtained from borings,observations and analyses TSC's proposal together with payme an additional fee
for whom the services are being performed.Prices quoted of sample materials shall be reported in formats considered in the amount of 5%of TSC s cost for its services
and charged by TSC for its services are predicated on the appropriate by TSC unless directed otherwise by Client (to be adjusted to 5%of th ount actually billed by TSC
conditions and Me allocations of risks and obligations Such information is considered evidence,but any interence foritsservicesonthe attimeofcompletion),the limtt
expressed in these General Conditions. Unless otherwise or conclusion based thereon is,necessarily,an opinion also on damages shalt increased to$500,000 or the amount
stated In writing,Client assumes sole responsibility for based on engineering judgment and shall not be construed of TSCs fee, ever is the greater.This charge a not to
determining whether the quantity and the nature of the as a representation of fact Subsurface conditions may not be co as being a charge for Insurance of any type,
services ordered by Client are adequate and sufficient for be uniform throughout an entire site and ground water but creased consideration for the exposure to. award
Client's intended purpose. Unless otherwise expressly levels may fluctuate due to climatic and other variations.
assumed In writing,TSC's services are provided exclusively Construction materials may vary from the samples taken.
for client TSC shall have no duty or obligation other than those Unless otherwise agreed in writing,the procedures employed 11.INDEMNITY. Subject to the provisions set forth herein,
duties and obligations expressly set forth in this Agreement by TSC are not designed to detect intentional concealment TSC and Client hereby agree to Indemnify and hold harmless
TSC shall have no duty to any third party.Client shall or misrepresentation of facts by others. each other and their respective shareholders,directors,
communicate these General Conditions to each and every officers,partners,employees,agents,subsidiaries and
party to whom the Client transmits any report prepared by 7.DOCUMENTS AND SAMPLES: Client Is granted an division(and each of their heirs,successors,and assigns)
TSC.Ordering services fromTSC shall constihrteacceptance exclusive license to use findings and reports prepared from any and al claims,demands,liabilities,sub,causes of
of TSC's proposal and these General Conditions. and Issued by TSC and any sub-consultants pursuant to action,judgments,costs and expenses,including reasonable
this Agreement for the purpose set forth in TSC s proposal attorneys'fees,arising,or allegedly arising,from personal
2.SCHEDULING OF SERVICES:The services set forth in this provided that TSC has received payment In full for Its injury,including death,propertydamage,Including iosscfuse
Agreemer",Qbe accomplished inatimeyandworkmanlike services.TSC and,ff applicable,its sub-consultant,retain thereof,due in any manner to the negligence ofeftherofthem
manner.If TSC is required to delay any part of its services all copyright and ownership Interests in the reports,boring or their agents or employees or independent contractors.in
to accommodate the requests or requirements of Client, logs,maps,field data,field notes,laboratory test data and the evert both TSC and Client are found to be negligent or
regulatory agencies,or third parties,or due to any cause similar documents,and the ownership anO freedom to use at fault,then any liability shall be apportioned behveen them
beyond its reasonable control,Client agrees to pay such all data generated by it for any purpose.Unless otherwise pursuant totheir pro rata share of negligence orfaulL TSC and
additional charges,if any,as may be applicable. agreed in writing,test specimens or samples will be Client further agree that their liability to any third party shall,
disposed immediately upon completion of the test All dulling to the extent permitted by law,be several and not joint The
3.ACCESS TO SiTE TSC stall take reasonable measures samples or specimens will be disposed sixty(60)days after liability of TSC under this provision shall not exceed the policy
and precautions to minimize damage to the site and arty submission of TSC's report limits of insurance carried by TSC.Neither TSC nor Client
improvements located thereon as a result of its services or shall be bound under this indemnity agreement to liability
the use of its equipment;however,TSC has not included in 6.TERMINATION:TSCs obligation to provide services may be determined in a proceeding in which it did not participate
its fee the cost of restoration of damage which may occur.If terminated by either party upon(n seven days prior written represented by its own independent counsel.The indemnities
Client desires or requires TSC to restore the site to its former notice. In the event of termination of TSC's services,TSC provided hereunder shall not terminate upon the termination
condition,TSC will,upon written request,perform such shall be compensated by Client for all services performed up or expiration of this Agreement,but may be modified to the
additional work as is necessary to do so and Client agrees to and including the termination date,including reimbursable extent of any waiver of subrogation agreed to by TSC and
to pay to TSC the cost thereof plus TSC's normal markup for expenses.The terms and conditions of these General paid for by Client.
overhead and profit Conditions shall survive the termination of TSC's obligation
to provide services. 12-SUBPOENAS:TSCIs employees shall not be retained as
4.CLIENT'S DUTY TO NOTIFY ENGINEER:6fier}trepresee#s expert witnesses except by separate,written agreement.
Client has advised TSC of any known or 9.PAYMENT:Client shall be invoiced periodically for services Client agrees to pay TSC pursuant to TSC's then anent fee
suspected hazardous materials,utility Ones and underground performed. schedule for any TSC employee(s)subpoenaed by any party
structures at any site at which TSC is to perform services days of its receipt Client farther agrees to pa ' t�rest on as an occurrence witness as a result of TSC's services.
under this agreement all amounts Invoiced and not paid or o d to in writing
for valid cause within sixty(6 at the rate of twelve 13.OTHER AGREEMENTS:TSC shall not be bound by
5.DISCOVERY OF POLLUTANTS:TSC s services shall not (1296)perannum{or mum interest rate permitted by any provision or agreement()requiring or providing for
include Investigation for hazardous materials as defined by applicable law ever is the lesser)until paid and T5C s arbitration of disputes or controversies arising out of this
the Resource Conservation Recovery Act,42 U.S.C.§6901, costs ection of such accounts,including court costs Agreement or its performance,(i) wherein TSC waives any
et,seq.,as amended('RG W°)or by any state or Federal eys€ees. rights to a mechanics lien or surety bond claim; (Iii)that
statute or regulation. In the event that hazardous materials conditions TSC's right to receive payment for its services
are discovered and identified by TSC,TSC's sole duty shall 10.WARRANTY: TSC's professional services will be upon payment to Client by any third party or(rv)that requires
be to notify Client performed,its findings obtained and its reports prepared TSCto Indemnify any party beyond its own negligence These
In accordance with these General Conditions and with General Conditions are notice,where required,thatTSCshall
6.MONITORING: If this Agreement includes testing generally accepted principles and practices.In performing its file a lien whenever necessary to collect past due amounts.
construction materials or observing arry aspect ofconsMrction professional services,TSC will use that degree of care and skill This Agreement contains the entire understanding between
of Improvements,Client's construction personnel will ordinarily exercised under similar circumstances bymembers the parties.Unless expressly accepted by TSC in writing
verify that the pad is property located and sized to meet of Its profession.in performing physical work in pursuit of prior to delivery of TSCs services,Client shall not add any
Client's projected building loads.Client shall cause all its professional services,TSC will use that degree of care conditions or impose conditions which are in conflict with
tests and inspections of the site,materials and work to and skill ordinarily used under similar circumstances.This those contained herein,and no such additional or conflicting
be timely and properly performed in accordance with warranty's in lieu of all other warranties or representations, terms shall be binding upon TSC.The unenforceability or
the plans,specifications,contract documents,and TSC's either express or implied.Statements made in TSC reports Invalidity of any provision or provisions shall not render any
recommendations. No claims for loss,damage or injury are opinions based upon engineering judgment and are not other provision or provisions unenforceable or invalid.This
shall be brought agalnstTSC unless all tests and inspections to be construed as representations of fact Agreement shall be construed and enforced in accordance
have been so performed andunless TSC's recommendations with the laws of the State of Illinois.In the event of a dispute
have been followed. arising out of or relating to the performance of this Agreement,
negligentin performing professional services orto made the breach thereof or TSC's services,the parties agree to
TSC's services shall not Include determining orImplementing and breached arty express or implied vva resentation try in good faith to settle the dispute by mediation under
the means,methods,techniques or procedures of work or contract,Client,all parties claim_' rough Client and the Construction Industry Mediation Rules of the American
done by the contraCtor(s)being monitored or whose work is all parties claiming to have in way relied upon TSC's Arbitration Association as a condition precedent to filing any
being tested.TSC's services shall not include the authority services or work agree a maximum aggregate amount demand for arbftration,or any petition or complaint with arty
to accept or reject work or to in any manner supervise of damages for v C,its officers,employees and agents court Paragraph headings are for convenience only and shall
the work of any contractor.TSC's services or failure to shall be haWwIfIlimited to$50,000 or the total amount of not be construed as limiting tie meaning of the provisions
perform same shall not in any way operate or excuse any the d to TSC for its services performed with respect contained in these General Condition&
contractor from the performance of its work in accordance REV 020
[E=M Project Data Sheet
TESTING SERVICE CORPORATION Distribute Reports as Follows:
General Information: Name:
Project Name: Company:
Project Address: Address:
City/State/Zip: City/State/Zip:
Project Manager: E-Mai:
E-Mail: Telephone:
Telephone: Fax:
Fax:
Site Contact: _ Name:
E-Mail: Company:
Telephone: Address:
Fax: City/State/Zip:
E-Mail:
Send Invoice To: Telephone:
Purchase Order Number: Fax:
Attention:
Company: Name:
Address: Company:
City/State/Zip:`- Address:
E-Mail: City/State/Zip:
Telephone: E-Mail:
Fax: Telephone:
Important Notes: Fax:
Name:
Company:
Address:
Completed BY City/State/Zip:
Signature: E-Mail:
Name: Telephone:
Date: Fax:
RMSEO Gra&NWp� w .0ypromotnucom•WoWG TromotaU. •6]0.662.925&
ELGIN
THE CRY IN THE SUBURBS"
DATE: September 20, 2013
TO: Joe Evers, City Engineer
FROM: Jennifer Quinton, Deputy City Clerk
SUBJECT: Resolution No. 13-148 Adopted at the September 11, 2013, Council Meeting
Enclosed you will find the agreement listed below. Please distribute this agreement to the other
party and keep a copy for your records if you wish. If you have any questions please feel free to
contact our office 847-931-5660 and we will do our best to assist you. Thank you.
• Amendment Agreement No. 1 with Christopher B. Burke Engineering, Ltd. for
Construction Engineering Activities-Phase III Engineering Services in
Connection with the 2013 Neighborhood Resurfacing Program
i