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R-18-22VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS RESOLUTION NO. R-18-22 A RESOLUTION AUTHORIZING A CONSTRUCTION ENGINEERING SERVICES AGREEMENT FOR FEDERAL PARTICIPATION WITH GEWALT HAMILTON ASSOCIATES FOR THE RECONSTRUCTION OF GREENWOOD AVENUE (PROJECT NUMBER P9CG (353)) WHEREAS, the Village is the lead agency for the resurfacing and reconstruction of Greenwood Avenue for a length of approximately 0.78 miles from Wilmot Road to Waukegan Road (IL 43) in the Village of Deerfield, Project Number P9CG (353) (the "Project"); and WHEREAS, outside funding for the Project has been secured from the Federal Highway Administration (FHWA), and the Illinois Department of Transportation (IDOT), in the estimated amount of $1,029,600; WHEREAS, the Village has received approval from IDOT to engage Gewalt Hamilton Associates to provide professional engineering services in connection with the Project with a fee in an amount not to exceed $232,814; and WHEREAS, the Village Engineer has recommended to the corporate authorities of the Village that the Village authorize and approve a Construction Engineering Services Agreement ("Agreement") for Federal Participation with Gewalt Hamilton Associates to provide certain professional engineering services in connection with the Project, a copy of which is attached hereto as Exhibit A (the "Local Agency Agreement"), and WHEREAS, the corporate authorities of the Village of Deerfield have reviewed and considered the Local Agency Agreement and hereby determine that is in the best interest of the -1- Village and public to enter into the Local Agency Agreement with the Illinois Department of Transportation and Gewalt Hamilton Associates; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That the above and foregoing recitals are hereby incorporated and made a part of this Resolution as if fully set forth herein. SECTION 2: The Village Board hereby approves the Local Agency Agreement in substantially the form attached to this Resolution as Exhibit A, and in a final form approved by the Village Manager. SECTION 3: The Village Board hereby authorizes and directs the Village President and Village Clerk the Village President and the Village Clerk to execute and attest, respectively, on behalf of the Village, the final Local Public Agency Agreement on behalf of the Village. SECTION 4: That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. [SIGNATURE PAGE FOLLOWS] -2- PASSED this 3rd day of December , 2018. AYES: Benton, Jester, Oppenheim, Seiden, Struthers NAYS: None ABSENT: Shapiro ABSTAIN: None APPROVED this 3rd day of December , 2018. ATTEST: Village Clerk -3- Village President EXHIBIT A LOCAL AGENCY AGREEMENT m Local Public Agency Village of Deerfield LIllinois Deparhnent Consultant Gewalt hamilton Associates, Inc. p C of Transportation C p County Address Lake A L N S 625 Forest Edge Drive Section City A Construction Engineering U Vernon Hills Project No. State G Services Agreement T Illinois Job No. -91-164-17 E N For Federal Participation A N Zip Code Contact Name/Phone/E-mail Address Contact Name/Phone/E-mail Address Robert W. Phillips, P.E. C T Todd Gordon / (847) 478-9700 rphillips@deerfield.il.us Y tgordon@gha-engineers.com THIS AGREEMENT is made and entered into this day of between the above Local Public Agency (LPA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the PROJECT described herein. Federal -aid funds allotted to the LPA by the state of Illinois under the general supervision of the Illinois Department of Transportation (STATE) will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS. WHEREVER IN THIS AGREEMENT or attached exhibits the following terms are used, they shall be interpreted to mean: Regional Engineer Deputy Director Division of Highways, Regional Engineer, Department of Transportation Resident Construction Supervisor Authorized representative of the LPA in immediate charge of the engineering details of the PROJECT In Responsible Charge A full time LPA employee authorized to administer inherently governmental PROJECT activities Contractor Company or Companies to which the construction contract was awarded Project Description Name Greenwood Avenue Route FAU 1262 Length 0.894mi Structure No. n/a Termini Wilmot Road to Waukegan Road (IL 43) Description: Project consists of the reconstruction of Greenwood Avenue includes the replacement of Village water main and the rehabilitation of the sanitary and storm sewers. Other improvements include ADA upgrades, roadway patching and resurfacing, roadway reconstruction, and minor traffic signal upgrades. Agreement Provisions I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance of the engineering services for the LPA, in connection with the PROJECT hereinbefore described and checked below: ❑ a. Proportion concrete according to applicable STATE Bureau of Materials and Physical Research (BMPR) Quality Control/Quality Assurance (QC/QA) training documents or contract requirements and obtain samples and perform testing as noted below. ❑ b. Proportion hot mix asphalt according to applicable STATE BMPR QC/QA training documents and obtain samples and perform testing as noted below. ❑ c. For soils, to obtain samples and perform testing as noted below. ❑ d. For aggregates, to obtain samples and perform testing as noted below. NOTE: For 1a. through 1d. the ENGINEER is to obtain samples for testing according to the STATE BMPR "Project Procedures Guide", or as indicated in the specifications, or as attached herein by the LPA; test according to the STATE BMPR "Manual of Test Procedures for Materials", submit STATE BMPR inspection reports; and verify compliance with contract specifications. Page 1 of 9 BLR 05611 (Rev. 11/09/17) Printed on 11/18/2018 11:10:42 AM ❑ e. Inspection of all materials when inspection is not provided at the sources by the STATE BMPR, and submit inspection reports to the LPA and the STATE in accordance with the STATE BMPR "Project Procedures Guide" and the policies of the STATE. ❑ f. For Quality Assurance services, provide personnel who have completed the appropriate STATE BMPR QC/QA trained technician classes. ® g. Inspect, document and inform the LPA employee In Responsible Charge of the adequacy of the establishment and maintenance of the traffic control. ❑ h. Geometric control including all construction staking and construction layouts. ® i. Quality control of the construction work in progress and the enforcement of the contract provisions in accordance with the STATE Construction Manual. ® j. Measurement and computation of pay items. ® k. Maintain a daily record of the contractor's activities throughout construction including sufficient information to permit verification of the nature and cost of changes in plans and authorized extra work. ® I. Preparation and submission to the LPA by the required form and number of copies, all partial and final payment estimates, change orders, records, documentation and reports required by the LPA and the STATE. ❑ m. Revision of contract drawings to reflect as built conditions. ® n. Act as resident construction supervisor and coordinate with the LPA employee In Responsible Charge. 2. Engineering services shall include all equipment, instruments, supplies, transportation and personnel required to perform the duties of the ENGINEER in connection with the AGREEMENT. 3. To furnish the services as required herein within twenty-four hours of notification by the LPA employee In Responsible Charge. 4. To attend meetings and visit the site of the work at any reasonable time when requested to do so by representatives of the LPA or STATE. 5. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without the written consent of the LPA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. 6. The ENGINEER shall submit invoices, based on the ENGINEER's progress reports, to the LPA employee In Responsible Charge, no more than once a month for partial payment on account for the ENGINEER's work completed to date. Such invoices shall represent the value, to the LPA of the partially completed work, based on the sum of the actual costs incurred, plus a percentage 7. (equal to the percentage of the construction engineering completed) of the fixed fee for the fully completed work. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable to improvement of the SECTION; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to 8. perform the services enumerated herein. 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 LPA. Should any damage to persons or property result from the ENGINEER's error, omission or negligent act, the ENGINEER shall indemnify the LPA, the STATE and their employees from all accrued claims or liability and assume all restitution and repair costs arising from such negligence. The ENGINEER shall give immediate attention to any remedial changes so there will be minimal delay to the contractor and prepare such data as necessary to effectuate corrections, in consultation with and without further compensation from the LPA. 9. 10. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LPA. The undersigned certifies neither the ENGINEER nor I have: a) employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other than a bona fide employee working solely for me or the above ENGINEER) to solicit or secure this AGREEMENT; b) agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or Page 2 of 9 BLR 05611 (Rev. 11/09/17) Printed on 11/18/2018 11:10:42 AM c) paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT. d) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; e) have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; f) are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (e) of this certification; and 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. 11. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LPA 12. To submit all invoices to the LPA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 13. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the work called for in the AGREEMENT. 14. To be prequalified with the STATE in Construction Inspection when the ENGINEER or the ENGINEER's assigned staff is named as resident construction supervisor. The onsite resident construction supervisor shall have a valid Documentation of Contract Quantities certification. 15. Will provide, as required, project inspectors that have a valid Documentation of Contract Quantities certification. II. THE LPA AGREES, 1. To furnish a full time LPA employee to be In Responsible Charge authorized to administer inherently governmental PROJECT activities. 2. To furnish the necessary plans and specifications. 3. To notify the ENGINEER at least 24 hours in advance of the need for personnel or services. 4. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the following compensation formulas: Cost Plus Fixed Fee Formulas ® FF = 14.5%[DL + R(DL) + OH(DL) + IHDC], or ❑ FF = 14.5%[(2.3 + R)DL + IHDC] Where: DL = Direct Labor IHDC = In House Direct Costs OH = Consultant Firm's Actual Overhead Factor R = Complexity Factor FF=Fixed Fee SBO = Services by Others Total Compensation = DL +IHDC+OH+FF+SBO Specific Rate ❑ (Pay per element) Lump Sum ❑ 5. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409: Page 3 of 9 BLR 05611 (Rev. 11/09/17) Printed on 11/18/2018 11:10:42 AM ❑ With Retainage a) For the first 50% of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to 90% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50% of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to 95% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment — Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have been made and accepted by the LPA and the STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. ® Without Retainage a) For progressive payments — Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment — Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have been made and accepted by the LPA and STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 6. The recipient shall not discriminate on the basis on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT - assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). 7. To submit approved form BC 775 (Exhibit C) and BC 776 (Exhibit D) with this AGREEMENT. 8. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the Local Government Professional Services Selection Act 50 ILCS 510, the Brooks Act 40USC 11, and Procurement, Management, and Administration of Engineering and Design related Services (23 CFR part 172). Exhibit C is required to be completed with this agreement. III. It is Mutually Agreed, 1. That the ENGINEER and the ENGINEER's subcontractors will maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and to make such materials available at their respective offices at all reasonable times during the AGREEMENT period and for three years from the date of final payment under this AGREEMENT, for inspection by the STATE, Federal Highway Administration or any authorized representatives of the federal government and copies thereof shall be furnished if requested. 2. That all services are to be furnished as required by construction progress and as determined by the LPA employee In Responsible Charge. The ENGINEER shall complete all services specified herein within a time considered reasonable to the LPA, 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 LPA and that during the performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 4. That this AGREEMENT may be terminated by the LPA upon written notice to the ENGINEER, at the ENGINEER's last known address, with the understanding that should the AGREEMENT be terminated by the LPA, the ENGINEER shall be paid for any services completed and any services partially completed. The percentage of the total services which have been rendered by the ENGINEER shall be mutually agreed by the parties hereto. The fixed fee stipulated in numbered paragraph 4d of Section II shall be multiplied by this percentage and added to the ENGINEER's actual costs to obtain the earned value of work performed. All field notes, test records and reports completed or partially completed at the time of termination shall become the property of, and be delivered to, the LPA. 5. That any differences between the ENGINEER and the LPA 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 LPA, and a third member appointed by the two other members for disposition and that the committee's decision shall be final. Page 4 of 9 BLR 05611 (Rev. 11/09/17) Printed on 11/18/2018 11:10:42 AM That in the event the engineering and inspection services to be furnished and performed by the LPA (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 LPA. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the contractor's safety precautions, except as provided in numbered paragraph 1f of Section I. This certification is required by the Drug Free Workplace Act (301LCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of a contract or grant and debarment of contracting or grant opportunities with the State for at least one (1) year but no more than five (5) years. For the purpose of this certification, "grantee" or "contractor" means a corporation, partnership or other entity with twenty-five (25) or more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific performance under a contract or grant of $5,000 or more from the State, as defined in the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will: (A) abide by the terms of the statement; and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the grantee's or contractor's policy of maintaining a drug free workplace; (3) any available drug counseling, rehabilitation and employee assistance program; and (4) the penalties that may be imposed upon an employee for drug violations. (c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the contracting or granting agency within ten (10) days after receiving notice under part (B) of paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is convicted, as required by section S of the Drug Free Workplace Act. (f) Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in place. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT -assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination this AGREEMENT or such other remedy as the LPA deems appropriate. 10. When the ENGINEER is requested to complete work outside the scope of the original AGREEMENT, a supplemental AGREEMENT will be required. Supplements will also be required for the addition or removal of subconsultants, direct costs, the use of previously unspecified staff, and other material changes to the original AGREEMENT. Page 5 of 9 BLR 05611 (Rev. 11/09/17) Printed on 11/18/2018 11:10:42 AM A reement Summary Prime Consultant: TIN Number Agreement Amount Gewalt Hamilton Associates, Inc. 36-3426053 $221,063.00 Sub -Consultants: TIN Number Agreement Amount Testing Service Corporation 35-0937582 $11,751.00 Sub -Consultant Total: Prime Consultant Total: Total for all Work: $11,751.00 $221,063.00 $232,814.00 Executed by the LPA: ATTEST: By: 4� t \j tC ' Clerk (SEAL) Executed by the ENGINEER: ATTEST: By: Title: Page 6 of 9 Printed on 11/18/2018 11:10:42 AM Village of Deerfield (Municipality/Township/County) Title: Y C Gewalt Hamilton Associates, Inc. By: Title: BLR 05611 (Rev. 11/09/17) co v U) x z O 2 0 0 co rl- co c i cCD 't W 2 m N 'a O O N N N O r � rnrn r r O O N N � N O 0 O O N a r m 0 a) m W a E (D I- 0 0 0 M w 0 m rn rn rn � 0 N 0 N 0 N W rte+ } 04 aLL ui LU LU Z D O BOO UQcn J � LU _j �, cn Q z U N U W rnrn r r O O N N � N O 0 O O N a r m 0 a) m W a E (D I- 0 0 0 M w 0 m FIRM NAME PRIME/SUPPLEMENT PTB -ITEM # PAYROLL RATES Gewalt Hamilton Assock DATE ESCALATION FACTOR Note: Rates should be capped on the AVG 1 tab as necessary 2.00% rnncipai IDOT $72.87 CLASSIFICATION PAYROLL RATES CALCULATED RATE CE V ON FILE $67.32 rnncipai $71.44 $72.87 CE VI $69.00 $70.38 CE V $66.00 $67.32 CE IV $54.22 $55.30 CE III $42.29 $43.14 CE II $29.50 $30.09 CE 1 $27.37 $27.92 Land Surveyor IV $46.75 $47.69 Land Surveyor II $34.38 $35.07 GISP 1 $32.00 $32.64 Environmental Consult II $30.50 $31.11 ET V $54.00 $55.08 ETI V $38.53 $39.30 ET III $29.75 $30.35 ET II $26.50 $27.03 Admin 1 $23.80 $24.28 Bureau of Design and Environment Prepared By: Consultant 11/14/18 Printed 11/14/2018 2:33 PM Page 1 of 1 BDE 3608 Template (Rev. 10/19/17) W W LL Q W _X LL N J a i- O U Q) co P c o c U w -0 m � -0 GO e- 0) NOD Cl— C) a� 0 0 c N m LU Q v U) W U W N t - Z H J U) Z O U LL O LL! 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W LAG U LU O a J D O 2 W 0 w TIF1 U- 0 H Z W 2 LLI CJ C a W a H cn � m � Q' F- M M a a co M O N V a c a. ■1 IIINI�YIIINIIIIII� YIYINIIi11�Y1� IA■YIIIII �nu�u w�Y■ �� ans�en� ��w�'■ now �191�1 YI 1 a co M O N V a c a. q�J Illinois Depar�t ��f of Twansportation COMPANY NAME: Gewalt Hamilton Associates PTB NUMBER: TODAY'S DATE: -- --- - - i I� ;a -- ---- - �t 6, �Ll>z_ - -- - Per Diem (per GOVERNOR'S TRAVEL CONTROL - --- BOARD) Up to state rate maximum Lodging (per GOVERNOR'S TRAVEL CONTROL BOARD) Actual cost (Up to state rate maximum) Lodging Taxes and Fees $0.00 (per GOVERNOR'S TRAVEL CONTROL BOARD) Actual cost Air Fare Coach rate, actual cost, requires minimum two weeks' notice, with prior IDOT approval Vehicle Mileage (per GOVERNOR'S TRAVEL CONTROL BOARD) Up to state rate maximum Vehicle Owned or Leased $32.50/half day (4 hours or less) or $65/full day Vehicle Rental Actual cost (Up to $55/day) Tolls Actual cost Parking Actual cost Overtime Premium portion (Submit supporting documentation) Shift Differential Actual cost (Based on firm's policy) Overnight Delivery/Postage/Courier Service Actual cost (Submit supporting documentation) Copies of Deliverables/Mylars (In-house) Actual cost (Submit supporting documentation) Copies of Deliverables/Mylars (Outside) Actual cost (Submit supporting documentation) Project Specific Insurance Actual cost Monuments (Permanent) Actual cost Photo Processing Actual cost 2 -Way Radio (Survey or Phase III Only) Actual cost Telephone Usage (Traffic System Monitoring Only) Actual cost CADD Actual cost (Max $15/hour) Web Site Actual cost (Submit supporting documentation) Advertisements Actual cost (Submit supporting documentation) Public Meeting Facility Rental Actual cost (Submit supporting documentation) Public Meeting Exhibits/Renderings & Equipment Actual cost (Submit supporting documentation) Recording Fees Actual cost Transcriptions (specific to project) Actual cost Courthouse Fees Actual cost Storm Sewer Cleaning and Televising Actual cost (Requires 2-3 quotes with IDOT approval) Traffic Control and Protection Actual cost (Requires 2-3 quotes with IDOT approval) Aerial Photography and Mapping Actual cost (Requires 2-3 quotes with IDOT approval) Utility Exploratory Trenching Actual cost (Requires 2-3 quotes with IDOT approval) Testing of Soil Samples' Actual cost Lab Services` Actual cost (Provide breakdown of each cost) Equipment and/or Specialized Equipment Rental' Actual cost (Requires 2-3 quotes with IDOT approval) TOTAL DIRECT COST 'If other allowable costs are needed and not listed, please add in the above spaces provided. LEGEND W.O. = Work Order J.S. = Job Specific Direct Costs Check Sheet $9,300.00 PRINTED 11/14/2018 BDE 436 (Rev. 02/02/17) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.500 $0.00 140 $65.00 $9,100.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5 $25.00 $125.00 300 $0.25 $75.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $9,300.00 PRINTED 11/14/2018 BDE 436 (Rev. 02/02/17) GHA Hourly Rate Range Greenwood Avenue (FAU 1262) Section No.: 17 -00103 -00 -PV Project No.: P9CG(353) Job No.: C-91-164-17 Classification From To Averaae Principal Engineer $ 70.00 $ 73.00 $ 71.44 Civil Engineer VI $ 65.00 $ 70.00 $ 69.00 Civil Engineer V $ 65.00 $ 68.00 $ 66.00 Civil Engineer IV $ 47.00 $ 63.00 $ 54.22 Civil Engineer III $ 38.00 $ 49.00 $ 42.29 Civil Engineer II $ 29.00 $ 37.00 $ 29.50 Civil Engineer I $ 25.00 $ 29.00 $ 27.37 Land Surveyor IV $ 43.00 $ 50.00 $ 46.75 Land Surveyor II $ 32.00 $ 38.00 $ 34.38 Land Surveyor 1 $ 25.00 $ 30.00 N/A GISP I $ 25.00 $ 32.00 $ 32.00 Environmental Consultant II $ 29.00 $ 35.00 $ 30.50 Engineering Tech V $ 40.00 $ 62.00 $ 54.00 Engineering Tech IV $ 31.00 $ 45.00 $ 38.53 Engineering Tech III $ 28.50 $ 32.00 $ 29.75 Engineering Tech II $ 24.00 $ 28.50 $ 26.50 Engineering Tech I $ 15.00 $ 23.00 $ 18.39 Admin 1 $ 17.00 $ 40.00 $ 23.80 Illinois Department of Transportation Prime Consultant Name Gewalt Hamilton Associates, Address 625 Forest Edge Drive Verno Telephone (847) 478-9700 TIN Number Project Information Local Agency Section Number Project Number Job Number Village of Deerfield 17 -00103 -00 -PV P9CG(353) C-91-164-17 Engineering Payment Report (Submit with Final Invoice) This form is to verify the amount paid to the Sub -consultant on the above captioned contract. Under penalty of law for perjury or falsification, the undersigned certifies that work was executed by the Sub -consultant for the amount listed below. Signature and title of Prime Consultant Date Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as concurring with the payment amount specified above. For information about IDOTs collection and use of confidential information review the department's Identity Protection Policy. Page 8 of 9 BLR 05611 (Rev. 11/09/17) Printed on 11/18/2018 11:10:42 AM Local Public Agency Section Number Project Number Job Number Exhibit C Federal Qualification Based Selection (QBS) Checklist Village of Deerfield 17 -00103 -00 -PV P9CG(353) C-91-164-17 The LPA must complete Exhibit C, if federal funds are used for this engineering agreement and the value will exceed $25,000. The LPA must follow federal small purchase procedures, if federal funds are used and the engineering agreement has a value less than $25,000. ❑ Form Not Applicable (engineering services less than $25,000) 1. Do the written QBS policies and procedures discuss the initial administration (procurement, management, and administration) concerning engineering and design related consultant services? ❑ Yes ❑ No 2. Do the written QBS policies and procedures follow the requirements as outlined in Section 5-5 and specifically Section 5-5.06(e) of the BLRS Manual? ❑ Yes ❑ No If no, (DOT's approval date: 3. Was the scope of services for this project clearly defined? ❑ Yes ❑ No 4. Was public notice given for this project? ® Yes ❑ No Due date of submittal: Method(s) used for advertisement and dates of advertisement: 5. Do the written QBS policies and procedures cover conflicts of interest? ❑ Yes ❑ No 6. Do the written QBS policies and procedures use covered methods of verification for suspension and debarment? ❑ Yes ❑ No 7. Do the written QBS policies and procedures discuss the method of evaluation? ❑ Yes ❑ No Criteria for this project Weighting Criteria for this project Weighting % % % 8. Do the written QBS policies and procedures discuss the method of selection? ❑ Yes ❑ No Selection committee (titles) for this project: Top three consultants selected for this project in order: 1) 2) 3) If less than 3 responses were received, IDOT's approval date: 9. Was an estimated cost of engineering for this project developed in-house prior to contract negotiation? ❑ Yes ❑ No 10. Were negotiations for this project performed in accordance with federal requirements? ❑ Yes ❑ No 11. Were acceptable costs for this project verified? ❑ Yes ❑ No ❑ LPA will rely on IDOT review and approval of costs. 12. Do the written QBS policies and procedures cover review and approving for payment, before forwarding the request for reimbursement to IDOT for further review and approval? ❑ Yes ❑ No 13. Do the written QBS policies and procedures cover ongoing and finalizing administration of the project (monitoring, evaluation, closing -out a contract, record retention, responsibility, remedies to violations or breaches to a contract, and resolution of disputes)? ❑ Yes ❑ No Page 9 of 9 BLR 05611 (Rev. 11/09/17) Printed on 11/18/2018 11:10:42 AM SCOPE OF SERVICES Phase III Construction Engineering Services Greenwood Avenue Improvements Village of Deerfield GHA Proposal No. 2018.CS164 PROJECT UNDERSTANDING L � ,\ GEWALT HAMILTON L t'L-' ASSOCIATES, INC. CONSULTING ENGINEERS 625 Forest Edge Drive, Vernon Hills, IL 60061 TEL 847.478.9700 0 Fax 847.478.9701 www.gha-engineers.com It is our understanding that the Village of Deerfield proposes improvements of Greenwood Avenue between Wilmot Road and Waukegan Road (IL 43). Greenwood Avenue generally has a functional classification designation as a Major Collector in the Village of Deerfield. The current ADT ranges from 2,000 vehicles per day between Wilmot Road and Chestnut Street and 2,850 vehicles per day between Chestnut Street and IL Rte. 43. Greenwood Avenue has a posted speed limit of 25 MPH with stop control at Wilmot Road and Chestnut Street, and a traffic signal at the intersection at IL Rte. 43. The typical existing cross section provides for one travel lane in each direction with no on - street parking allowed. There is curb and gutter along the project limits, and drainage is accommodated by an enclosed system. Pedestrian accommodations include sidewalk on both the north and south side of Greenwood Avenue. It is our understanding that the rehabilitation and reconstruction of Greenwood Avenue includes the replacement of Village water main and the rehabilitation of the sanitary and storm sewers. Other improvements include ADA upgrades, roadway patching and resurfacing, roadway reconstruction, and minor traffic signal upgrades. It is understood that the project will be administered through the Illinois Department of Transportation (IDOT) with the Village of Deerfield as the Local Agency. This project is proposed to receive federal funding for the construction of this approximate $2 million project which is currently targeted for a March 8th, 2019 IDOT letting with the following construction schedule: Date ■ IDOT Letting Date: March 8, 2019 ■ Anticipated Construction (prep work) Start Date: May 20, 2019 ■ Anticipated Construction (road shut down) Start Date: June 10, 2019 ■ Contract Interim Completion Date: August 14, 2019 ■ Contract Final Completion Date: October 31, 2019 All construction and engineering documentation and oversight efforts are to be completed in accordance with IDOT procedures for Federal Aid Projects. Construction is anticipated to begin generally in mid-May and be completed by October 31, 2019. CONSTRUCTION ENGINEERING SERVICES It is our practice to adhere to construction industry standards and insist on compliance with the project plans and specifications in an effort to efficiently produce a quality project. As such, Construction Engineering Services will be performed in accordance with the services outlined in the Request for Qualifications, as well as Illinois Department of Transportation standard procedures including, but not limited to, the following: 1. GHA will oversee a scheduled pre -construction meeting with project stakeholders prior to the start of construction and provide the meeting attendees with a summary in the form of Minutes for their records. 2. Prior to construction commencement, GHA will utilize measures outlined in our Public Relations Plan to determine impacts on schools, local businesses, places of worship, parks, and other local projects. We will include the Village, Village Hall, Public Works Department(s), School District(s), utility companies, and permitting agencies as members of our project communications team to collaborate and determine the best methods for identifying, reaching, and maintaining relationships with the project stakeholders. Once communications plan is established, GHA will continue to coordinate and communicate with stakeholders using resident letters, project flyers and newsletters as requested to ensure they are properly and consistently informed of the project's progress. 3. GHA will review drawings, diagrams, illustrations, brochures, catalog cuts, shop drawings, project schedules, and other data which the contractor is required to submit for conformance with the design concept and compliance with the contract documents. 4. GHA will provide geometric control and construction layout verification by making random checks to the Contractor's staking to determine if the work is in general conformance with the plans. If an error is found, we will immediately notify the Contractor to make the appropriate changes prior to construction. In addition, our survey crew will also provide before and after measurements and cross sections for applicable pay items. 5. GHA will provide full-time construction observation of the necessary construction operations and processes to ensure all materials and procedures are in conformance with the contract documents. We will utilize IDOT's computer-based system known as the Illinois Construction Records System (ICORS). This system will provide a computerized version of a Daily Diary, Weekly Reports, Daily Quantities, Quantity Book, Pay Estimates, Authorizations, and numerous other reports. We will measure, record, and provide source documentation daily for all quantities for which payment will be made, and we will adhere to general IDOT requirements regarding inspection rates, including, but not limited to, depth checks, yield requirements, and material weight ticket collection to help facilitate a timely project closeout. We will also work with the IDOT documentation auditors and reviewers as necessary to ensure the required records are provided. GHA will keep a project box on site, including all the necessary up-to-date documentation in accordance with standard procedures and IDOT's Documentation of Contract Quantities guide. 6. If a field change or Authorization is required, whether force account or agreed unit price, GHA will notify and advise the Village prior to making any decisions that may affect the budget. In addition, our documentation of the Contractor's daily activities will help provide sufficient information to permit verification of the nature and costs of any changes in plans or authorized extra work. 7. GHA will make observations of the utility marks provided by the J.U.L.I.E. system and address potential conflicts with the contractor. 8. GHA will schedule and moderate project progress meetings with the Village and Contractor(s) and provide attendees with a summary in the form of Minutes for their records. GHA will coordinate with Village of Deerfield staff for quality assurance testing for the HMA and concrete. Our subconsultant, Testing Service Corporation, will administer the quality assurance testing for the field and laboratory requirements regarding soils and aggregate quality. We will confirm and document that all the materials used on the site meet or exceed the quality requirements of the contract and IDOT-issued Project Procedures Guide. 10. GHA will perform daily traffic control inspections in addition to those required weekly and bi-monthly during night hours, and respectively submit deficient remarks to the Contractor with appropriate corrections requested. 11. GHA will provide National Pollutant Discharge Elimination System (NPDES) monitoring in compliance with the ILR10 permit and Designated Erosion Control Inspection (DECI) services, as necessary. 12. GHA will prepare monthly pay requests for the Village's review and provide the required documentation and correspondence for the Village of Deerfield to submit to IDOT. 13. GHA will schedule a final walk-through upon project completion with the Village of Deerfield representatives to generate a punch list of deficiencies. 14. GHA will keep current as-builts as the work is performed. We will annotate by hand all revisions, substitutions, variations, and omissions made or discovered during construction. Upon project completion, GHA will provide the Village of Deerfield with hard copies and an electronic copy of the record drawing plan set. 15. GHA will coordinate contract closeout procedures with the Contractor and IDOT to ensure an expedient and productive closeout. November 16, 2018 Mr. Todd Gordon Gewalt Hamilton Associates, Inc. 625 Forest Edge Drive Vernon Hills, IL 60061 RE: P.N. 61,941 Construction Material Engineering FAU Route 1262 Greenwood Avenue Resurfacing/Reconstruct Project Section 17 -00103 -00 -PV Project No. P9CG(353) C-91-164-17 Deerfield, IL Dear Mr. Gordon: TESTING SERVICE CORPORATION Coiporate Office 360 South Main Place, Carol Stream, IL 60188-2404 630.462.2600 • Fax 630.653.2988 Local Office 1350 Tristate Parkway, Suite 122, Gurnee, IL 60031 847.249.6040 • Fax 847.249.6042 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 Gewalt Hamilton Associates, Inc.. To schedule a Technician please call 847-249-6040. TSC is staffed and equipped to provide any of the following services that may be ordered by you: Field QA 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 QA 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 QA Services -Verify that current IDOT mix design is being used. -Check moisture content of fine aggregate. -Perform sieve analysis on stockpiled materials, as required by IDOT criteria. -Check the slump, air and temperature of final mix. -Other tests, as required by current IDOT procedure guide. Laboratory -Perform laboratory compaction curve for each soil type used. Providing a Full Range of Geoteclvtical Engineering, Envirmnnewal Seivices, and Construction Materials Engineering & Testing Gewalt Hamilton Associates, Inc. P.N. 61,941 - November 16. 2018 -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. QA Manager Services -Review test results performed by our technicians in accordance with IDOT specification -Monitor and schedule site visits to test 20% of the total quantities for HMA and PCC mixes -Complete the necessary paperwork for PCC and HMA testing and electronically submit them to IDOT and your office. 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 Eleven Thousand Seven Hundred Fifty Dollars ($11,750.00) is recommended for your project. This estimate is based on a review of plans and specifications provided by Gewalt Hamilton Associates, Inc. and prior experience on similar projects. TSC's itemized estimate is included on Form BDE 3608. 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, 2018. 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 ll: 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. Todd Gordon Gewalt Hamilton Associates, Inc. 625 Forest Edge Drive Vernon Hills, IL 60061 Tel: (847) 478-9700 Fax: (847) 478-9701 email: tgordon@gha-engineers.com When completing the attached project data form, kindly indicate who is to receive copies of TSC's report and other project data. -2- Gewalt Hamilton Associates, Inc. P.N. 61,941 - November 16. 2018 Your consideration of our proposal is appreciated. We look forward to being of service to you on this project. Respectfully Submitted TESTING SERVICE CORPORATION Megan` Conway, P.E. Gurnee branch Manager MKC:kas Enc: General Conditions Project Data Sheet Approved and accepted for (NAME) (TITLE) (DATE) -3- by: TSC TESTING SERVICE CORPORATION 1. PARTIES AND SCOPE OF WORK: If Client is ordering the services on behalf of another, Client represents and warrants that Client is the duly authorized agent of said parry for the purpose of ordering and directing said services, and in such case the term "Client" shall also include the principal for whom the services are being performed. Prices quoted and charged by TSC for its services are predicated on the conditions and the allocations of risks and obligations expressed in these General Conditions. Unless otherwise stated in writing, Client assumes sole responsibility for determining whether the quantity and the nature of the services ordered by Client are adequate and sufficient for Client's intended purpose. Unless otherwise expressly assumed in writing, TSC's services are provided exclusively for client.TSC shall have no duty or obligation otherthan those duties and obligations expressly set forth in this Agreement. TSC shall have no duty to any third party. Client shall communicate these General Conditions to each and every party to whom the Client transmits any report prepared by TSC. Ordering services from TSC shall constitute acceptance of TSC's proposal and these General Conditions. 2. SCHEDULING OF SERVICES: The services set forth in this Agreement will be accomplished in a timely and workmanlike manner. If TSC is required to delay any part of its services to accommodate the requests or requirements of Client, regulatory agencies, or third parties, or due to any cause beyond its reasonable control, Client agrees to pay such additional charges, if any, as may be applicable. 3. ACCESS TO SITE: TSC shall take reasonable measures and precautions to minimize damage to the site and any improvements located thereon as a result of its services or the use of its equipment; however, TSC has not included in its fee the cost of restoration of damage which may occur. If Client desires or requires TSC to restore the site to its former condition, TSC will, upon written request, perform such additional work as is necessary to do so and Client agrees to pay to TSC the cost thereof plus TSC's normal markup for overhead and profit. 4. CLIENT'S DUTY TO NOTIFY ENGINEER: Client represents and warrants that Client has advised TSC of any known or suspected hazardous materials, utility lines and underground structures at any site at which TSC is to perform services under this Agreement. Unless otherwise agreed in writing, TSC's responsibility with respect to underground utility locations is to contact the Illinois Joint Utility Locating Information for Excavators for the location of public, but not private, utilities. 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, at, 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 orobserving any aspect of construction of improvements, Client's construction personnel will verify that the pad is properly located and sized to meet Client's projected building loads. Client shall cause all tests and inspections of the site, materials and work to be timely and properly performed in accordance with the plans, specifications, contract documents, and TSC's recommendations. No claims for loss, damage or injury shall be brought against TSC unless all tests and inspections have been so performed and unlessTSC'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 GENERAL CONDITIONS Geotechnical and Construction Services 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. Information obtained from borings, observations and analyses of sample materials shall be reported in formats considered appropriate by TSC unless directed otherwise by Client. Such information is considered evidence, but any inference or conclusion based thereon is, necessarily, an opinion also based on engineering judgment and shall not be construed as a representation of fact. Subsurface conditions may not be uniform throughout an entire site and ground water levels may fluctuate due to climatic and other variations. Construction materials may vary from the samples taken. Unless otherwise agreed in writing, the procedures employed by TSC are not designed to detect intentional concealment or misrepresentation of facts by others. 7. DOCUMENTS AND SAMPLES: Client is granted an exclusive license to use findings and reports prepared and issued by TSC and any sub -consultants pursuant to this Agreement for the purpose set forth in TSC's proposal provided that TSC has received payment in full for its services. TSC and, if applicable, its sub -consultant, retain all copyright and ownership interests in the reports, boring logs, maps, field data, field notes, laboratory test data and similar documents, and the ownership and freedom to use all data generated by it for any purpose. Unless otherwise agreed in writing, test specimens or samples will be disposed immediately upon completion of the test.All drilling samples or specimens will be disposed sixty (60) days after submission of TSC's report. & TERMINATION: TSC's obligation to provide services maybe terminated by either party upon (7) seven days prior written notice. In the event of termination of TSC's services, TSC shall be compensated by Client for all services performed up to and including the termination date, including reimbursable expenses. The terms and conditions of these General Conditions shall survive the termination of TSC's obligation to provide services. 9. PAYMENT. Client shall be invoiced periodically for services performed. Client agrees to pay each invoice within thirty (30) days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to in writing for valid cause within sixty (60) days at the rate of twelve (12%) per annum (or the maximum interest rate permitted by applicable law, whichever is the lesser) until paid and TSC's costs of collection of such accounts, including court costs and reasonable attorney's fees. 10. WARRANTY: TSC's professional services will be performed, its findings obtained and its reports prepared in accordance with these General Conditions and with generally accepted principles and practices. In performing its professional services, TSC will use that degree of care and skill ordinarily exercised under similar circumstances by members of its profession. In performing physical work in pursuit of its professional services, TSC will use that degree of care and skill ordinarily used under similar circumstances. This warranty is in lieu of all other warranties or representations, either express or implied. Statements made in TSC reports are opinions based upon engineering judgment and are not to be construed as representations of fact. Should TSC or any of its employees be found to have been negligent in performing professional services orto 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 limitthe damages forwhich TSC may be liable in accordance with the provisions set forth in the preceding paragraph, upon written request of Client received within five days of Client's acceptance of TSC's proposal together with payment of an additional fee in the amount of 5% of TSC's estimated cost for its services (to be adjusted to 5% of the amount actually billed by TSC for its services on the project at time of completion), the limit on damages shall be increased to $500,000 or the amount of TSC's fee, whichever is the greater. This charge is not to be construed as being a charge for insurance of any type, but is increased consideration for the exposure to an award of greater damages. 11. INDEMNITY. Subject to the provisions set forth herein, TSC and Client hereby agree to indemnify and hold harmless each other and their respective shareholders, directors, officers, partners, employees, agents, subsidiaries and division (and each of their heirs, successors, and assigns) from any and all claims, demands, liabilities, suits, causes of action, judgments, costs and expenses, including reasonable attorneys' fees, arising, or allegedly arising, from personal injury, including death, property damage, including loss of use thereof, due in any mannerto the negligence of either of them or their agents or employees or independent contractors. In the event both TSC and Client are found to be negligent or at fault, then any liability shall be apportioned between them pursuantto their pro rata share of negligence orfault.TSC and Client further agree that their liability to any third party shall, to the extent permitted by law, be several and not joint. The liability of TSC underthis provision shall not exceed the policy limits of insurance carried by TSC. Neither TSC nor Client shall be bound under this indemnity agreement to liability determined in a proceeding in which it did not participate represented by its own independent counsel.The indemnities provided hereunder shall not terminate upon the termination or expiration of this Agreement, but may be modified to the extent of any waiver of subrogation agreed to by TSC and paid for by Client. 12. SUBPOENAS: TSC's employees shall not be retained as expert witnesses except by separate, written agreement. Client agrees to pay TSC pursuant to TSC's then current fee schedule for any TSC employee(s) subpoenaed by any party as an occurrence witness as a result of TSC's services. 13, OTHER AGREEMENTS: TSC shall not be bound by any provision or agreement (i) requiring or providing for arbitration of disputes or controversies arising out of this Agreement or its performance, (ii) wherein TSC waives any rights to a mechanics lien or surety bond claim; (iii) that conditions TSC's right to receive payment for its services upon payment to Client by any third party or (iv) that requires TSC to indemnity any party beyond its own negligence These General Conditions are notice, where required, that TSC shall file a lien whenever necessary to collect past due amounts. This Agreement contains the entire understanding between the parties. Unless expressly accepted by TSC in writing prior to delivery of TSC's services, Client shall not add any conditions or impose conditions which are in conflict with those contained herein, and no such additional or conflicting terms shall be binding upon TSC. The unenforceability or invalidity of any provision or provisions shall not render any other provision or provisions unenforceable or invalid. This Agreement shall be construed and enforced in accordance with the laws of the State of Illinois. In the event of a dispute arising out of or relating to the performance of this Agreement, the breach thereof or TSC's services, the parties agree to try in good faith to settle the dispute by mediation under the Construction Industry Mediation Rules of the American Arbitration Association as a condition precedent to filing any demand for arbitration, or any petition or complaint with any court. Paragraph headings are for convenience only and shall not be construed as limiting the meaning of the provisions contained in these General Conditions. REV 09/08 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 -Mail. E Mail _ Telephone Ielephone: 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 / yip: — -- --- _ -- --- Address E -Mail _ City / State / Zip Telephone E -Mail ax, telephones Important Notes: Fax Name: Company: Address Completed By: City / State / Zip. Signature: E -Mail Name: Telephone Date Fax REVISED 08/12 OiraphICVI$It)Il wwwc promotes U.com • Infol GVpromotesU.com • 630.682.9258 Illinois Department of Transportation 2300 South Dirksen Parkway / Springfield, Illinois 162764 September 6, 2018 Subject: PRELIMINARY ENGINEERING Consultant Unit Prequalification File John T. Massa TESTING SERVICE CORPORATION 360 S. Main Place Carol Stream, IL 60188 Dear John T. Massa, We have completed our review of your "Statement of Experience and Financial Condition" (SEFC) which you submitted for the fiscal year ending Dec 31, 2017. Your firm's total annual transportation fee capacity will be $10,200,000. Your firm's payroll burden and fringe expense rate and general and administrative expense rate totaling 173.85% are approved on a provisional basis. The rate used in agreement negotiations may be verified by our Office of Quality Compliance and Review in a pre -award audit. Your firm is required to submit an amended SEFC through the Engineering Prequalification & Agreement System (EPAS) to this office to show any additions or deletions of your licensed professional staff or any other key personnel that would affect your firm's prequalification in a particular category. Changes must be submitted within 15 calendar days of the change and be submitted through the Engineering Prequalification and Agreement System (EPAS). Your firm is prequalified until December 31, 2018. You will be given an additional six months from this date to submit the applicable portions of the "Statement of Experience and Financial Condition" (SEFC) to remain prequalified. Sincerely, Jack Elston, P.E. Bureau Chief Bureau of Design and Environment SEFC PREQUALIFICATIONS FOR TESTING SERVICE CORPORATION CATEGORY STATUS Geotechnical Services - General Geotechnical Services X Special Services - Quality Assurance PCC & Aggregate X Special Services - Quality Assurance HMA & Aggregate X Geotechnical Services - Subsurface Explorations X Geotechnical Services - Structure Geotechnical Reports (SGR) X X PREQUALIFIED A NOT PREQUALIFIED, REVIEW THE COMMENTS UNDER CATEGORY VIEW FOR DETAILS IN EPAS. S PREQUALIFIED, BUT WILL NOT ACCEPT STATEMENTS OF INTEREST C C E @ C U) O N C > Uc W C m Co � c CO CDDa N oa W W H ca C N .O N R 0 0 N `0 Q UCa d o >E O y m U CO x Y cc CD 9 H z W W J W d CLm v zw 2 a 5: FR U. 11 IL MI im W IL' W �O� U Q LL LL W O x�o WK W OIL O U x H z O m N 'IT 2 d I'=, N N N N � � r J I O O �- N O O 04 04 � N M Z) � 0 LO 0 n O N m m CL E OD 0 ro Cl) W 0 m I Q v _o 0 0 N 00 a N a_ N N N N W *� r �- a (0 N a � H LU Z UJ D D D 0 H W p i W J d z U U y W O O �- N O O 04 04 � N M Z) � 0 LO 0 n O N m m CL E OD 0 ro Cl) W 0 m I Q v _o 0 0 N 00 a N a_ PAYROLL RATES FIRM NAME Testing Service Corporal DATE PRIME/SUPPLEMENT Gewalt Hamilton Associates, Inc. PTB -ITEM # 0 ESCALATION FACTOR Note: Rates should be capped on the AVG 1 tab as necessary 0.75% Material Testers 1/11, Level C IDOT Material Tester ll, Level D CLASSIFICATION PAYROLL RATES CALCULATED RATE Material Tester ll, Level F ON FILE Material Tester ll, Level G Material Testers 1/11, Level C $34.04 Material Tester ll, Level D $36.54 Material Tester ll, Level E $39.09 Material Tester ll, Level F $40.37 Material Tester ll, Level G $47.98 Project Engineer $40.94 Project Admin/Lab Tech $23.09 HMA Lab Technician $32.64 $34.30 $36.81 $39.38 $40.67 $48.34 $41.25 $23.26 $32.88 Bureau of Design and Environment Prepared By: Consultant 11/18/18 Printed 11/18/2018 10:47 AM Page 1 of 1 BDE 3608 Template (Rev. 10/19/17) w w LL cl W X U. N J a H O U U) L! U W U) H z H J z O U LL O LL1 F- a F N LU O U C C (D CO E OC � O c U W T CO c -0O a) C: Q� o a� 0 0 c a� c 00 W H Q D 0 Lua aLL o � UJ w x J IL w 2 o ° z w 2 LU J g a LLILU a I- tq m LU LL d a 0 0 0 0 W 00 d a) a) fl. 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