HomeMy WebLinkAbout8.1 Motion to accept Phase III Construction Engineering Proposal for Levee 37 11/11/2019 Board Docs®Pro
IL
Agenda Item Details
Meeting v 05, 2019 - REGULAR MEETINGLL - .
*REVISED 11-02-2019
Category 8. VILLAGE
Subject i o accept Phase III Construction Engineering Proposal for Levee 37 Burnings
Trails Park Interior Drainage Improvementscost not to exceed .
Access lic
Tye Action
Preferred to Nov 05,, 2019
Absolute Date Nov 05,, 2019
Fiscal Impact Yes
Dollar Amount 3261515.00
Budgeted Yes
Budget rce Flood Control Construction Fund
Recommended cin Accept the proposal from hris her B. Burke Engineering,, Limited ose , Illlinois to
provide III Construction Engineering Servicesfor the Levee 37 Burning Bush Trails
Park Interior Drainage ImprovementsProject for a cost not to exceed $326,515.
Public Content
Information
At the October 15, 2019Regular Meeting., the Village oar r contract construct the Levee 37 Burning
Bush Trails ParkInterior Drainage Improvement to DiMeoBrothers f Elk GroveVillage, Illinois for an amount not to
exceed , 2, 22.4 . The proposed scopework includes construction of a stormwater detention basin, large-
diameter
r -
i r relief storm sewers, and other stormwater conveyance rtn cs. Work is slatedstart this fall and
reach us it completion next spring.
To continue development of this project, staff requires technical assistance from liiexperienced it
to provide s III (construction) engineering., inspection, and contract administration services for this project. Staff
lacks sufficient resources to render these services in-house.
Staff s asked Christopher B. Burke Engineering, Limited s , Illinois ( L) to submit a proposal to
provide requisite services. Their proposal, including both technical and cost components, is attached for reference.
CBBEL has submitted chnic I and cost proposal to providerequisite professional services at a cost not to exceed
$326f 515.
Discussion
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11/11/2019 Board Docs®Pro
Staff has reviewed CBBEL's proposal and determined the firm has allotted sufficient,, qualified, resources necessary to
monitor all phases of work and administer the construction contract. In addition,, their cost proposal includes
appropriate allocations for construction layout,, materials testing, and punch-list/project close-out work.
CBBEL has successfully performed a variety of civil engineering projects for the Village over the course of 20 years.
Of particular relevance to this project is their work as designer for the proposed improvements. The firm was also
extensively involved in development of the intergovernmental relationship with the River Trails Park District that made
this project feasible. CBBEL also performed the 2015 Levee 37 Flood Study Report that begat this project and
successfully petitioned the Illinois Department of Natural Resources to authorize a substantial increase in the Levee
37 stormwater discharge rate (from 60 cubic feet per second (CFS) to 240 CFS). Most notably, CBBEL rendered
substantial technical expertise to the Village's successful application for over $1.3 million in Metropolitan Water
Reclamation District of Greater Chicago (MWRDGC) funding for this project.
The CBBEL fee is approximately 8% of the low bid cost for construction and 7% of the median bid price. Typically,
staff anticipates construction engineering fees to be 8%-10% of actual construction costs. As such., CBBEL's
requested fee appears reasonable and representative of market norms.
The average cost per hour for services rendered is $152/hour. The majority of work is allocated to field inspection
and contract administration by personnel known to be technically qualified and experienced in the proposed work. It
is the opinion of staff that this rate is reasonable and competitive for this type of engineering work.
Consequently, it is the opinion of staff that CBBEL is uniquely, arguable exclusively, well qualified to provide
construction engineering services for this proposed stormwater improvement project.
Alternatives
1. Accept proposal for Phase III construction engineering services for Levee 37 Burning Bush Trails Interior
Drainage Improvements.
2. Action at discretion of Village Board.
Staff Recommendation
Staff recommends that the Village Board accept the proposal from Christopher B. Burke Engineering,, Limited of
Rosemont,, Illinois to provide Phase III Construction Engineering Services for the Levee 37 Burning Bush Trails Park
Interior Drainage Improvements Project for a cost not to exceed $326,515.
—Mount Prospect_Burning Bush Trails Park Interior Drainage Imp.103019.pdf (1.,732 KB)
Administrative Content
Executive Content
Motion &Voting
Accept the proposal from Christopher B. Burke Engineering., Limited of Rosemont, Illlinois to provide Phase III
Construction Engineering Services for the Levee 37 Burning Bush Trails Park Interior Drainage Improvements Project
for a cost not to exceed $326,515.
Motion by Paul Hoefert,, second by Richard Rogers.
Final Resolution: Motion Carries
Yea: William Grossi, Eleni Hatzis, Paul Hoefert, Richard Rogers, Colleen Sacolli, Michael Zadel
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I
CDNRIST PHER B. BURKE ENGINEERING,LTCB.
9575 West Higgins Road Suite 800 Rosemont,Illinois 60018 TEL(847)823-0500 FAX(847)823-0520
September 25,2019
Village of Mount Prospect
1700 W.Central Road
Mount Prospect, IL 60056
Attention: Sean Dorsey, PE, Public Works Director
Subject: Proposal for Construction Engineering Services
Burning Bush Trails Parr Interior Drainage Improvement Project
Dear Mr. Dorsey:
Christopher B. Burke Engineering, Ltd. (CBBEL) is pleased to submit our proposal to perform professional
construction engineering services for the Village of Mount Prospect. Included in this proposal is our
Understanding,of the Assignment,Scope of Services,and Estimate of Fee,
W. Daniel Crosson, PE will be the point of contact for this proposal. Dan is familiar with the project site
and will be CBBEL's Project Manager for this project. Bill Schultz will serve as the Resident Engineer(RE)
and the Village's liaison. Attached for your consideration are resumes for Dan Crosson and Bill Schultz.
Other staff resumes are available upon request.
The material provided in this proposal represents our ability and eagerness to perform the required
services for the Village. We have successfully completed phase III observation on many stormwater
improvements and drainage improvement projects. We trust that this proposal demonstrates our
understanding of the project and our expertise to perform the upcoming assignment. The CBBEL project
team looks forward to working with the Village and is committed to completing the work to your
satisfaction and within the required time schedule.
UNDERSTANDING of THE ASSIGNMENT
The project includes, but is not limited to the following, bid items: curb and gutter removal, curb and
gutter, full-depth HMA pavement patching, concrete sidewalk removal, concrete sidewalk, storm sewer,
earth excavation for a detention basin, topsail and seeding, short segmental concrete block walls, ADA
ramps, stairs, railings, irrigation system, irrigation water system [water service pipes from water main or
water well (shallow or deep)], HMA► path removal, HMA path, tree removal, trees, ballfield
fencing/backstops, benches, temporary erosion control, temporary dewatering/bypass pumping, access
management,traffic maintenance, as well as all incidental and collateral work necessary to complete the
project as shown on the plans and as described herein. The work shall be constructed in accordance with
the Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project ars designed by CBBEL.
d � An�ess NotificatJon arid Access,
CBBEL understands that providing a liaison to keep the residents informed of construction activities will
be of the utmost importance to the success of the project. The RE must be adept at communicating with
residents affected by the construction as it pertains to the disruption of utility services(water,sewer,gas,
etc.), access to driveways and on-street parking, road closures and detours, construction traffic and
associated noise and dust, coordination of garbage pickup and mail delivery, re-routing of school bus
routes(if required) and the conveyance of general information regarding construction activities and their
impacts on the residents' daily life. On previous projects,CBBEL has maintained a website that residents
can ,access for updates on traffic staging, traffic control, and project timeliness, and we can provide this
service if the'Village requests.
Traffic Control and Protection
Traffic control will need to be monitored on a regular basis to ensure that the traffic control devices are
properly installed and operating properly. CBBEL will enforce the temporary haul route on Burning Bush
Lane to Euclid Avenue to prevent construction traffic from disrupting adjacent neighborhoods.
CBBEL small perform the following:
Notify the area residents and businesses prior to traffic disruptions.
Perform one detailed daytime inspection per week and two detailed nighttime inspections per
month. These inspections shall be recorded on BC 726 Traffic Control Inspection Report (or a
format acceptable to the Village)and delivered to the Public Works Department on a weekly basis.
0 In addition, the RE will drive through the jobsite daily and document the drive through in the
project diary.
If major deficiencies are observed, the RE will notify the Contractor immediately ,and insure that the
Contractor takes the appropriate actions as outlined in the contract documents
Coordination with Park District
We understand that the River Trails Park District will be performing work adjacent to this project. CBBEL
will communicate construction activities with them to ensure that both projects are coordinating activities
in a manner that does not disrupt progress. We also understand that the Park District is allowing
temporary storage of topsoil in order to reduce hauling distance and accelerate the timeline of excavation.
CBBEL will coordinate this work with the Contractor to ensure restoration meets the requirements of the
Park District by April 1, 2020.
Coordination withUtilities
............
On any project containing large diameter sewer installation within a residential area, the existing utilities
must be given special consideration. CBBEL has provided services on many residential projects requiring
utility relocation and will assist theVillage in any way possible to facilitate the relocation.
Additionally, gas services are often problematic on stormwater projects. CBBEL will work with the
Contractor to identify any problem services prior to the pavement removal.
CBBEL will also review the proposed underground work and its proximity to any existing utilities prior to
the start of those operations. We will work with the 'Village, Contractor, and utility to provide a cost
effective and timely solution if required.
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Construction Issues
Pre-Construction:
1. Review the Contractor's schedule for compliance with any milestones and/or restrictions found
in the contract documents. CBBEL will review the schedule for constructability to insure that the
work is being completed in a logical sequence.
2. Prepare all project files prior to the start of construction. This shall include reviewing all applicable
construction inspectors' checklists found in IDOT's Construction Manual to anticipate any issues
that may arise during construction.
3. Review the plans and specifications and identify any potential issues or conflicts that can be
resolved prior to construction. This will assist in avoiding unnecessary delays and change orders.
Construction:
1. Prior to construction of curb and gutter, we will verify that the proposed driveways and sidewalk
have positive drainage.
2. Monitor and track the Contractor's actual progress versus his schedule on a weekly basis to insure
they will complete the work on-time. This will assist the RE in anticipating any potential conflicts
that could delay the work and work with the Contractor to expedite the completion of the project.
3. Sewer installation at Sta 20+00 adjacent to 1310 Lama Lane: CBBEL design staff has concerns
about construction and post construction impacts to private property. Our field staff will provide
written, photographic, and video documentation of pre/during/post-construction installation of
both the exterior and interior of 1310 Lama Lane residence (garage), and the exterior of the
residence to the north.
4. Value Engineering Review: We expect that the Contractor may submit "approved equals" for
segmental block wall and irrigation components. CBBEL will review up to four(4) submittals and
provide comments for the Village's consideration in determining if items are"approved equals."
'Fun LI inn g,an d D o c u nle n lEgt i o n
Our Construction Engineering staff follows IDOT's guidelines for documentation and material inspection
for all of our projects. This allows the RE to provide necessary information regarding cost or schedule to
the Village throughout construction. Following IDOT's guidelines also facilitates a timely project close-
out. CBBEL will assist the Village with any necessary documentation required for MWRD reimbursement.
SCOPE OF SERVICES
Task 1--Construction Observaflon
Task 1.1—Shop
1. Check and approve,or reject and request resubmittal of,any submittals made by the Contractor
for compliance with the contract documents.
2. Shop Drawings and Contractor Submittals:
a. Record data received,maintain a file of drawings and submissions,and check construction
for compliance with them.
b. Review Contractor's submittals for compliance with contract documents. Notify the
Village of any deviations or substitutions. With the notification, provide the Village with
a recommendation for acceptance or denial, and request direction from the Village
regarding the deviation or substitution.
Nw\IPROPOSALS\ADMIIN\2()19\Moi,irit ProsIpect Burning Bush PhIll P\01_MtProspect- 09251.9.docx Page 3 of 8
Task 1.2—Observation
LAYOUT VERIFICATION ANDIOR CONSTRUCTION LAYOUT
1. Verify initial geometric controls.
2. If the Contractor is responsible for construction staking, perform periodic measurements to
assure the Contractor's construction staking and construction layout is accurate per plans.
3. Provide construction layout, if required.
CONSTRUCTION OBSERVATION
1. CBBEL will provide a full-time Resident Engineer who will perform the following tasks. This task
assumes an effort of 1561 hours from November 1, 2019 to meet substantial completion date
of May 22, 2020. Task 2.1 (Irrigation) and 2.2 (Water Well) are currently anticipated to be
completed by May 22, 2020. If those Tasks are constructed past the completion date, CBBEL
will require additional Construction Observation hours.
2. Observe the progress and quality of the executed work. Determine if the work is proceeding in
accordance with the Contract Documents. CBBEL shall keep the Village informed of the progress
of the work,guard the Village against defects and deficiencies in the work,and advise the Village
of all observed deficiencies of the work and disapprove or reject all work failing to conform to
the Contract Documents.
3. Provide extensive on-site observations of the work in progress and field checks of materials and
equipment through a RE and Inspector(if necessary), who shall:
■ Serve as the Village's liaison with the Contractor working principally through the
Contractor's field superintendent.
Be present whenever the Contractor is performing work on-site, associated with the
project.
Cooperate with the Contractor in dealing with the various local agencies and utility
companies having jurisdiction over the Project in order to complete service connections
to public utilities and facilities.
■ Record names, addresses and telephone numbers of all Contractors,subcontractors, and
major material suppliers.
■ Attend all construction conferences. Arrange a schedule of weekly progress meetings and
other job conferences as required. Maintain and circulate copies of records of the
meetings.
■ Review Contractors progress on a weekly basis and update the progress schedule.
Compare actual progress to the Contractor's approved schedule. If the project falls 14
calendar days behind schedule, work with the Contractor to determine the appropriate
course of action to get back on schedule. The Contractor is required to submit a revised
schedule for approval prior to further payments being made.
Maintain orderly files of correspondence, reports of job meetings, shop drawings and
other submissions, RFI responses, original contract documents including all addenda,
change orders and additional drawings issued subsequent to the award of the contract.
Prepare any RFC's needed as construction proceeds. Once the Contractor submits a
proposal, assist the Village in their review and provide a recommendation.
3. Determine if the project has been completed in accordance with the contract documents and if
the Contractor has fulfilled all obligations.
4. Except upon written instruction of the Village, the RE or Inspector shall not authorize any
deviation from the Contract Documents.
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5. Alert the Contractor's field superintendent when materials or equipment are being installed
before approval of shop drawings or samples, where such are required, and advise the Village
when it is necessary to disapprove work as failing to conform to the Contract Documents.
6. Discuss the truck routes with the Contractor and monitor that the identified routes are being
used.
7. All CBBEL personnel and their sub-consultants will comply with the Village's current safety
guidelines.
CONSTRUCTION DocumENTATION
1. Keep an inspector's daily report book and project diary in the Village's format, recording hours
on the job site,weather conditions,general and specific observations,daily activities,quantities
placed, inspections, decisions, and list of visiting officials, as outlined in IDOT's Construction
Manual. Additionally, prepare photo documentation of construction to be submitted in both
hard and digital formatting.
2. Prepare payment requisitions and change orders. Review applications for payment with the
Contractor for compliance with established submission procedure and forward them with
recommendations to the Village. Maintain a Change Management Plan logging all decisions and
approved changes of scope and budget.
B. Schedule any material testing through the pillage's Consultant at the frequency required by
IDOT's QC/QA provisions. Also obtain and document all material inspection received from the
Contractor as outlined in the Project Procedures Guide of IDOT's Construction Manual.
4. Prepare a monthly written update to the Village summarizing the Project status, costs and
schedule.
5. Review and coordinate response to any RFI from the Contractor in a timely manner and
maintain a separate file for each request.
Task 1-3—Area Re,,sWe,nt and Rusi'ness Concerns
..............
The RE will be responsible for keeping the public aware of the construction activities,as required. This
will include, but not limited to, notification of construction starting, detours and/or road closures,
access limitations, and disruption of water, sewer, and gas service. The RE will also be available
throughout the construction project to address any questions or concerns area residents and/or
businesses may have. Our policy is to respond to all questions or concerns within one business day.
Ta,sk,1.4—Erosion Control'[Coo,,r,'di*nat"I on ate d I'nspection
SWPPP Preparation: CBBEL will prepare a SWPPP for the project in accordance with Part IV of the
General NPDES Permit No. ILR10. Please note that completion of this task will require signed
certification statements from all Contractors, subcontractors, and the operator as identified in the
SWPPP.
On-Call ILR10 NPDES Consulting and Agency Coordination: Throughout the duration of the project,
meetings with Contractors, regulatory agencies and others can be anticipated. CBBEL will provide
miscellaneous storm water, Best Management Practice (BMP), and general environmental consulting
services. CBBEL has budgeted for our attendance at six(6) site meetings.
As required by the provisions of the NPDES Permit Number ILR10, CBBEL's RE will inspect all erosion
control measures installed during construction to insure they are in accordance with the Storm Water
Pollution Prevention Plan (SWPPP). They will perform this inspection weekly and generate a report
detailing any deficiencies that need to be addressed. This report will be given to the Contractor, as
well as the Village.
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Task.1.5 A aterial estin,
BREL will provide material inspection services through our sub-consultant Rubino Engineering, Inc.
(Rubino) of Elgin, IL. Rubino will complete the Quality Assurance (CSA) material testing as required at
the site and CSA testing at the plants.
Task 1. —Traffic Control Insecion
Perform barricade checks as outlined in Section 700: Werk Zone Traffic Control of IDOT's Construction
Manual. At a minimum, CBBEL shall perform the following:
One detailed daytime inspection per week and two detailed nighttime inspections per month.
These inspections shall be recorded on a format in accordance with pillage policy or Form BC
726,Traffic Control Inspection Report.
In addition,the RE will drive through the jobsite daily and document the drive through in the
project diary.
If traffic control is in place during any winter shutdown periods,two drive-throughs per week
will be performed.
If major deficiencies are observed, the RE will notify the Contractor immediately and insure that
the Contractor takes the appropriate actions as outlined in the contract documents.
Task 1.7—Past-Construction
1. Conduct additional site inspections related to detention basin maintenance, chain link fence,
tree relocation, and landscaping establishment related to final June 11, 2021 completion date.
2. Prior to final inspection, submit to the Contractor a list of observed items requiring correction
and verify that each correction has been made.
3. Conduct final inspection with the Village and prepare a final list of items to be corrected.
4. Site inspection and separate punch list preparation of the landscaping and amenities.
5. Verify that all items on the final list have been corrected and make recommendations to the
Village concerning acceptance.
6. Prepare final pay estimate and change order for the pillage's approval.
7. Verify all necessary material inspection has been received and documented.
8. Submit the job box to the Village with all pertinent project information.
a s l Lcord Dia i,n sDete �Detention Area, ol.�ey
CBBEL will maintain a set of working drawings showing changes in the work during construction. The
Contractor is required to complete a Topographic As-Built Survey of the detention area and as-built
survey of the project to conform with MRD requirements. CBBEL will review the Contractor record
drawings against our working drawings to verify that the Contractor has provided accurate records of
the project.
Task 2
The following tasks are part of final engineering/permit requirements,as needed,dependent on which
Alternate Bid the Village awards to the Contractor:
Task 2.1—Additional Design En ineerin -Irrigation] Illinois erluc n Water Source
CBBEL to assist with inquiries regarding the automated irrigation system and the water supply from
the Village's water distribution system. CBBEL to expend additional manhours above the original
estimated engineering design services ,amount to work out any design questions for the
improvements to the automated irrigation system due to design scope changes by the Village. CBBEL
N:\PF� IPOSA� LS\AD IIN\`01,9\ otir)t Prospect BUrnuirn;Bush,N-111 n6\01.__P0t rc)s ct w092519,,docx Page 6
to finalize the irrigation system design and update the plans based on the approved design.
Task,2.2—Additional Desi En i rile 1y" t*
19'PL,19ter ell Sourcel_CornEd,
CBBEL to assist with inquiries regarding the automated irrigation system and the water supply from
an on-site water well. CBBEL to expend additional manhours above the original estimated
engineering design services amount to work out any design questions for the improvements to have
the on-site water well source for the automated irrigation system due to design scope changes by the
Village. CBBEL to finalize the irrigation system design and update the plans based on the approved
design. This task also includes the coordination with ComEd to provide the appropriate electrical
service to accommodate the on-site water well operation. CBBEL will also coordinate permitting
procedures with the Village's Building Department, the IEPA, and the Illinois Department of Public
Health for the well location and appurtenances. Any fees associated by these agencies are not
accounted for in this proposal.
Task 2.3—Field Change......Model Veri'ficatioL Nqces�iqry)
n
CBBEL will analyze up to two (2) field changes using XPSWMM stormwater modeling. CBBEL will
coordinate the field change with the Village and discuss its effect on the results, if any.
ESTIMATE OF FEE
Based on the above Scope of Services,our Estimate of Fee is detailed further in the attached CBBEL Work
Effort.
CBBEL estimates the following fees for each of the tasks described above:
Task DescrtaiLon Fee Task Total
1.1 Shop Drawing Review $ 24,530
1.2 Observation $ 229.,858
1.3 Area Resident and Business Concerns $ 2,920
1.4 Erosion Control Coordination and inspection $ 9,918
1.5 QA Material Testing(Rubino) $ 8,918
1.6 Traffic Control Inspection $ 4,525
1.7 Post-Construction $ 30,334
1.8 Record Drawings/Detention Area Survey $ 41099
Task 1 Total $ 315o203
2.1 Additional Design Engineering-Irrigation $ 3,504
2.2 Additional Design Engineering-Water Well $ 5,840
2.3 Field Change Model Verification $ 1,908
Task 2 Total $ 11,312
..................................... .................. ..................11,�1,11,�'ll"�,,�11,11,�1,11'.1�,�,�,�,�,�,�,�,�'ll""I'll"1.11,11,,,,,,,'ll""I'll""I'll",'ll""I'll""I'll",'ll""I'l'll""I'll""I'll,Ill""I'll",–...............—
Total Fee $ 326,515
�4:\PROPOSAI.,S\ADMiN\201.9\NAouiit Prospect 13unilling BUS1.1 IRhM P\01._1"^ pirospect 09 2' Page 7 of 8
We will bill you at the hourly rates specified on the attached Schedule of Charges and establish our
contract in accordance with the attached General Terms and Conditions. Direct costs for blueprints,
photocopying, mailing,overnight delivery, messenger services and report compilation are not included in
the fee estimate. These General Terms and Conditions are expressly incorporated into and are an integral
part of this contract for professional services. Please note that any requested meetings or additional
services are not included in the preceding fee estimate and will be billed at the attached hourly rates.
Please sign and return one copy of this agreement as an indication of acceptance and notice to proceed.
Please feel free to contact us anytime.
Sincerely,
(CefirNtopher B. Burke,
., , hDI PE,. D.WRE, Dist.M.ASCE
President
Encl., CBBEL Work Effort
Schedule of Charges
General Terms and Conditions
Resumes
THIS PROPOSAL, SCHEDULE OF CHARGES AND GENERAL TERMS AND CONDITIONS ACCEPTED FOR THE
VILLAGE OF MOUNT PROSPECT.
BY:
TITLE,
DATE:
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CHRISTOPHER B. BURKE ENGINEERING, LTD.
STANDARD CHARGES FOR PROFESSIONAL SERVICES
JANUARY, 2019
Charges*
Personnel /Hr
Principal 265
Engineer VI 241
Engineer V 200
Engineer IV 163
Engineer III 146
Engineer 1/11 116
Survey V 220
Survey IV 188
Survey 111 165
Survey II 121
Survey 1 96
Engineering Technician V 190
Engineering Technician IV 155
Engineering Technician III 140
Engineering Technician 1/11 65
CAD Manager 170
Assistant CAD Manager 147
CAD 11 130
GIS Specialist III 142
GIS Specialist 1/11 90
Landscape Architect 163
Environmental Resource Specialist V 208
Environmental Resource Specialist IV 163
Environmental Resource Specialist III 134
Environmental Resource Specialist 1/11 90
Environmental Resource Technician 110
Administrative 100
Engineering Intern 61
Information Technician III 125
Information Technician 1/11 112
Direct Costs
Outside Copies, Blueprints, Messenger, Delivery Services, Mileage Cost + 12%
*Charges include overhead and profit
Christopher B. Burke Engineering, Ltd. reserves the right to increase these rates and costs by 5%
after December 31, 2019.
'W' '
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ENGINEERING INC. PROPOSAL
September 20, 2019
To: Kevin Wilson, PE Re: Quality Assurance Testing Services
Christopher B. Burke Engineering, ltd Burning Bush Trails Park Improvements
9575 W. Higgins Road, Suite 600 Mt. Prospect, IL
Rosemont, IL 60018
P: 847-823-0500
C: 847-833-0274 Proposal No. Q19.390
Via email: kwilson(cD-cbbel.com
Dear Mr. Wilson,
Rubino Engineering, Inc. is pleased to submit the following proposal to provide QA construction materials testing
and inspection services for the above referenced project.
PROJECT UNDERSTANDING
Rubino Engineering, Inc. received material quantities from you via email on September 20, 2019 and the following
outlines our understanding of the requested scope of services:
Burning Bush Trails Park Improvements, Mt. Prospect, IL
ervi
EARTHWORK TESTING
■ Field testing of on-site and borrow soil material
o Compaction by the nuclear method, footing inspections and proof-rolls
■ Laboratory testing of on-site and borrow soil material
o Standard proctor ASTM D698 or Modified proctor ASTM D1557
o Sieve Analysis (Granular Material) or Hydrometer and Atterberg Limit Determination (Soil)
■ Subgrade/Subbase stone proof roll—parking and building pad
BITUMINOUS PAVING AND EXTERIOR CONCRETE
■ QA Field testing of uncured concrete—Slump, air, temperature, and casting of cylinders
■ QA Laboratory testing of cured concrete—Strength
■ QA Field testing of hot mix asphalt(HMA)—Density by the nuclear method
■ QA Laboratory testing of HMA—Bulk SG, Max SG, and Loss on Ignition
Ext,
■ Re-inspection for failed tests
■ Work areas not ready for inspection at the time scheduled
■ Delays by the contractor
■ Cancellations
■
Overtime
■ Any services not described and listed above
Rubino Engineering, Inc. proposes to provide experienced, technical personnel to perform the requested testing
in general accordance with the client-provided project specifications. If any of the above information is incorrect,
please notify us or change it on the signed copy of the proposal.
Rubino Engineering,Inc.•425 Shepard Drive 9 Elgin,IL 60123•(847)931-1555 9(847)931-1560 fax
Burning Bush Trail Park Improvements-QA Testing September 20,2019
Rubino Proposal No:Q19.390
FEES
The work will be accomplished on a unit price basis in accordance with the Rubino Engineering, Inc. Schedule of
Services and Fees, and will be performed pursuant to the attached General Conditions. Copies of our Schedule
of Services and Fees and General Conditions are enclosed herewith and incorporated into this proposal.
Rubino Engineering, Inc.'s fees will be determined by the actual amount of technical time expended for this project
and the amount of laboratory testing performed by the client's request. The fees charged under this agreement
are subject to change 6 months from the date of the proposal.
Rubino Engineering, Inc. will proceed with the planned work only after receiving a signed copy of this proposal.
Please complete the attached Project Data Sheet before returning the proposal to enable your file to be properly
established.
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Item Description � 0
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QTY Unit o 0 0 o o
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Base Bid
Trench Compaction (2393 CY Trench Backfill) per Trip 16 4 1 4 1 1
Hot-Mix Asphalt Binder Course, IL 19.0, N50 48 TON 4 1 0.5 1
Hot-Mix Asphalt Surface Course, Mix D, N50 29 TON 4 1 0.5 1
CLASS C PATCHES, TYPE IV, 7 INCH 1434 SY 12 3 1
Controlled Low Strength Material 74 CY 8 2 10 2
Portland Cement Concrete Sidewalk, 5 inch 6897 SF 8 2 1 10 1
Combination Concrete Curb and Gutter, Type B-6.12 62 FOOT 4 1 0.5 5 1
40 16 14 3.5 7 25 5 1
GRAND TOTAL= $8,917.50 0 0 0 -4 o n o �
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0 0 0 0 0 0 0 0
PROJECT SCHEDULING
Please book testingservices prior to 4 m the da before testing is needed via our website:
p p Y g
https://rubinoeng.com/schedule-field-testing
The office and field project manager will be notified, and you will receive a confirmation
email and possibly a follow up phone call or email for additional project information.
Changes to the schedule or cancellations: scheduling(c_rubinoeng.com
Please call the office with any questions or changes to the schedule 8am to 4pm. After
hours calls can go to Tim Dunne's cell phone at 847-343-0749.
Rubino Engineering,Inc. Page 2 of 8
Burning Bush Trail Park Improvements—QA Testing September 20,2019
Rubino Proposal No:Q19.390
CLOSING
Rubino appreciates the opportunity to offer our services for this project and we look forward to working with your
company. Please contact me with questions pertaining to this proposal or requests for additional services.
Respectfully submitted,
RUBINO ENGINEERING, INC.
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Michel e A. Lipin E
President
m ichel le.l ipinski(ab-ru binoeng.com
Rubino Engineering,Inc. Page 3 of 8
Burning Bush Trail Park Improvements—QA Testing September 20,2019
Rubino Proposal No:Q19.390
AUTHORIZATION AND PROPOSAL ACCEPTANCE
If this proposal is acceptable to you, Rubino Engineering, Inc. will perform the work in accordance with
the attached General Conditions that are incorporated into and made a part of this proposal. Please
sign below as notice to proceed and return one copy of this proposal intact to our office. We will proceed
with the work upon receipt of signed authorization.
AGREED TO, THIS DAY OF , 20
BY (please print):
TITLE:
COMPANY:
SIGNATURE:
PROJECT INFORMATION:
1. Project Name:
2. Project Location:
3. Your Job No: Purchase Order No.:
4. Project Manager: Telephone No.:
5. Site Contact: Telephone No.:
6. Number and Distribution of Reports:
( ) Copies To: ( ) Copies To:
Attn: Attn:
Email: Email:
( ) Copies To: ( ) Copies To:
Attn: Attn:
Email: Email:
7. Invoicing Address:
Attn:
Email:
8. Other Pertinent Information Or Previous Subsurface Information Available:
Rubino Engineering,Inc. Page 4 of 8
Burning Bush Trail Park Improvements—QA Testing September 20,2019
Rubino Proposal No:Q19.390
Rubino Engineering, Inc.
Schedule of Construction Materials Testing Services&Fees through March 1,2020(Illinois Prevailing Wage)
LABORATORY TESTING SERVICES
Compression testing of concrete, mortar and grout specimens by ASTM procedures Per Cylinder $ 17.00
Pick-up of test cylinders and transportation to lab(min.2), or cancellation hours(min.4)
(Does not include vehicle charge) Per hour $ 90.00
Density relationship of soils
ASTM D698-AASHTO T99(Standard Proctor) Each $ 195.00
ASTM D1557-AASHTO T180(Modified Proctor) Each $215.00
Asphalt
Maximum Theoretical Specific Gravity Each $ 110.00
Bulk Specific Gravity Each $ 95.00
Ignition Oven Test/Reflux Extraction +Sieve Analysis Each $ 126.00
Core Densities Each $ 45.00
Sieve Analysis(Washed) Each $ 90.00
Sample preparation for the above tests Each $ 40.00
MATERIAL TESTER-1 -Hand coring and drilling for testing of materials;field inspection of
uncured concrete and asphalt.
Per Hour $ 96.00
Per Hour Overtime(before 8am, after 5pm and Saturdays) $ 144.00
Per Hour Overtime Sundays and Holidays $ 192.00
MATERIAL TESTER-2-Field inspection of fireproofing, masonry,soil, facade, reinforcing steel,
formwork, cured concrete, and concrete and asphalt batch plants;adjusting proportions of
bituminous mixtures.
Per Hour $ 100.00
Per Hour Overtime(before 8am, after 5pm and Saturdays) $ 150.00
Per Hour Overtime Sundays and Holidays $200.00
EQUIPMENT CHARGES
Vehicle Charge-Round Trip Per Day $ 65.00
Nuclear Density Gauge Per Day $ 40.00
ENGINEERING SERVICES
Principal Engineer Per Hour $ 185.00
Project Engineer/Manager Per Hour $ 125.00
Administrative Assistant Per Hour $ 65.00
Report Review Each $ 50.00
REMARKS
1) All fees and services are provided in accordance with the attached Rubino Engineering,Inc.General Conditions.
2) Unit prices/rates are in effect for 6 months from the date of this proposal and are subject to change without notice thereafter if not noted
above.
Overtime rates are applicable for services performed in excess of 8 hours per day Monday through Friday,before 7:00 AM or after 3:00 PM,
3) and for all hours worked on Saturdays,Sundays and holidays.The overtime rate is 1.5 times the applicable hourly rate. Sundays and
holidays are double time.
4) All rates are billed on a portal-to-portal basis.
5) Standby time due to delays beyond our control will be charged at the applicable hourly rate.
6) Transportation and per diem are charged at the applicable rates per trip.
7) Rates involving mileage(including transportation,mobilization,vehicle and trip charges)are subject to change based upon increases in the
national average gasoline price.
8) A minimum charge of 4 hours applies to field testing and observation services.
9) Scheduling or cancellation of field testing and observation services is required no less than the working day prior to the date the services are
to be performed.Services cancelled without advance and/or inadequate notice will be assessed a minimum 4-hour charge.
10) For all Rubino Engineering,Inc.services,a project management/engineering review charge will be billed for all reports issued for the
scheduling/supervision of personnel and the evaluation/review of data and reports.
Rubino Engineering,Inc. Page 5 of 8
Burning Bush Trail Park Improvements—QA Testing September 20,2019
Rubino Proposal No:Q19.390
11) The minimum billing increment for time is a half hour.
12) A project set-up charge of a minimum of two hours applies to all projects.
13) Professional Services rates are exclusive of expert deposition or testimony time.
This proposal is based on Rubino Engineering,Inc.being scheduled on an on-call basis and letters of certification will not be provided
14) unless Rubino Engineering, Inc.is notified in advance and Rubino Engineering, Inc.is scheduled for full time inspection and testing of the
area or item to be certified.
15) If special inspections are required by the city where the construction is to take place,it must be brought to the attention of Rubino
Engineering,Inc.prior to the start of construction as additional charges will apply.
16) Prevailing wage fees are subject to change based on the Illinois Department of Labor.
17) Services and fees not listed on this schedule may be quoted on request.
Rubino Engineering,Inc. Page 6 of 8
Burning Bush Trail Park Improvements-QA Testing September 20,2019
Rubino Proposal No:Q19.390
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Rubino Engineering,Inc. Page 7 of 8
Burning Bush Trail Park Improvements—QA Testing September 20,2019
Rubino Proposal No:Q19.390
GENERAL CONDITIONS
1.PARTIES AND SCOPE OF SERVICES: Rubino Engineering,Inc.shall include said company or its particular division,subsidiary or affiliate performing the services. "Services"means the specific
geotechnical,analytical,testing or other service to be performed by Rubino Engineering,Inc.as set forth in Rubino Engineering,Inc.'s proposal,Client's acceptance thereof and these General Conditions.
Additional services ordered by Client shall also be subject to these General Conditions. "Client"refers to the person or business entity ordering the services to be done by Rubino Engineering,Inc. If
Client is ordering the services on behalf of another,Client represents and warrants that it is the duly authorized agent of said party for the purpose of ordering and directing said services. Unless otherwise
stated in writing,Client assumes sole responsibility for determining whether the quantity and the nature of the services ordered by the client is adequate and sufficient for Client's intended purpose. Client
shall communicate these General Conditions to each and every third party to whom Client transmits any part of Rubino Engineering,Inc.'s services. Rubino Engineering,Inc.shall have no duty or
obligation to any third party greater than that set forth in Rubino Engineering,Inc.'s proposal,Client's acceptance thereof and these General Conditions.The ordering of services from Rubino Engineering,
Inc.,or the reliance on any of Rubino Engineering,Inc.'s work,shall constitute acceptance of the terms of Rubino Engineering,Inc.'s proposal and these General Conditions,regardless of the terms of
any subsequently issued document.
2.TESTS AND INSPECTIONS: Client shall cause all tests and inspection of the site,materials and work performed by Rubino Engineering,Inc.or others to be timely and properly performed in
accordance with the plans,specifications and contract documents and Rubino Engineering,Inc.'s recommendations. No claims for loss,damage or injury shall by brought against Rubino Engineering,
Inc.by Client or any third party unless all tests and inspections have been so performed and unless Rubino Engineering,Inc.'s recommendations have been followed. Client agrees to indemnify,defend
and hold Rubino Engineering,Inc.,its officers,employees and agents harmless from any and all claims,suits,losses,costs and expenses,including,but not limited to,court costs and reasonable
attorney's fees in the event that all such tests and inspections are not so performed or Rubino Engineering,Inc.'s recommendations are not so followed except to the extent that such failure is the result
of the negligence,willful or wanton act of omission of Rubino Engineering,Inc.,its officers,agents or employees,subject to the limitation contained in paragraph 9.
3.SCHEDULING OF SERVICES: The services set forth in Rubino Engineering,Inc.'s proposal and Client's acceptance will be accomplished in a timely,workmanlike and professional manner by
RUBINO ENGINEERING,INC.personnel at the prices quoted. If Rubino Engineering,Inc.is required to delay commencement of the services or if,upon embarking upon its services,Rubino Engineering,
Inc.is required to stop or interrupt the progress of its services as a result of changes in the scope of the services requested by Client,to fulfill the requirements of third parties,interruptions in the progress
of construction,or other causes beyond the direct reasonable control of Rubino Engineering,Inc.,additional charges will be applicable and payable by Client.
4.ACCESS TO SITE: Client will arrange and provide such access to the site as is necessary for Rubino Engineering,Inc.to perform the services. Rubino Engineering,Inc.shall take reasonable
measures and precautions to minimize damage to the site and any improvements located thereon as the result of its services or the use of its equipment;however,Rubino Engineering,Inc.has not
included in its fee the cost of restoration of damage which may occur. If Client desires or requires Rubino Engineering,Inc.to restore the site to its former condition,upon written request Rubino
Engineering,Inc.will perform such additional services as is necessary to do so and Client agrees to pay Rubino Engineering,Inc.for the cost.
5.CLIENT'S DUTY TO NOTIFY ENGINEER: Client represents and warrants that it has advised Rubino Engineering,Inc.of any known or suspected hazardous materials,utility lines and pollutants at
any site at which Rubino Engineering,Inc.is to perform services hereunder,and unless Rubino Engineering,Inc.has assumed in writing the responsibility of locating subsurface objects,structures,lines
or conduits. Rubino Engineering,Inc.may use such information in performing its services and is entitled to rely upon the accuracy and completeness thereof. Client agrees to defend,indemnify and
save Rubino Engineering,Inc.harmless from all claims,suits,loses costs and expenses,including reasonable attorney's fees as a result of personal injury,death or property damage occurring with
respect to Rubino Engineering,Inc.'s performance of its work and resulting to or caused by contact with subsurface of latent objects,structures,lines or conduits where the actual or potential presence
and location thereof were not revealed to Rubino Engineering,Inc.by Client and/or by any of Client's subcontractors or sub consultants
6.RESPONSIBILITY: Rubino Engineering,Inc.'s services shall not include determining,supervising or implementing the means,methods,techniques,sequences or procedures of construction. Rubino
Engineering,Inc.shall not be responsible for evaluating,reporting or affecting job conditions concerning health,safety or welfare. Rubino Engineering,Inc.'s services or failure to perform same shall not
in any way excuse any contractor,subcontractor or supplier from performance of its work in accordance with the contract documents. Rubino Engineering,Inc.has no right or duty to stop the contractor's
work.
7.SAMPLE DISPOSAL: Unless otherwise agreed in writing,test specimens or samples will be disposed immediately upon completion of the test. All drilling samples or specimens will be disposed
sixty(60)days after submission of Rubino Engineering,Inc.'s report.
8.PAYMENT: Client shall be invoiced once each month for services performed during the preceding period. 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 for valid cause in writing with said thirty(30)day period at the rate of eighteen(18)percent per annum(or the maximum interest rate
permitted under applicable law),until paid. Client agrees to pay Rubino Engineering,Inc.'s cost of collection of all amounts due and unpaid after sixty(60)days,including court costs and reasonable
attorney's fees. Rubino Engineering,Inc.shall not be bound by any provision or agreement requiring or providing for arbitration or disputes or controversies arising out of this agreement,any provision
wherein Rubino Engineering,Inc.waives any rights to a mechanics'lien,or any provision conditioning Rubino Engineering,Inc.'s right to receive payment for its services upon payment to Client by any
third party. These General Conditions are notice,where required,that Rubino Engineering,Inc.shall file a lien whenever necessary to collect past due amounts. Release of such lien shall be given only
when payment in full has been received for services duly rendered. Failure to make payment within thirty(30)days of invoice shall constitute a release of Rubino Engineering,Inc.from any and all claims
which Client may have,whether in tort,contract or otherwise and whether known or unknown at the time.
9. STANDARD OF CARE: RUBINO ENGINEERING, INC.'S SERVICES WILL BE PERFORMED, ITS FINDINGS OBTAINED AND ITS REPORTS PREPARED IN ACCORDANCE WITH ITS
PROPOSAL,CLIENT'S ACCEPTANCE THEREOF,THESE GENERAL CONDITIONS AND WITH GENERALLY ACCEPTED PRINCIPLES AND PRACTICES. IN PERFORMING ITS PROFESSIONAL
SERVICES,RUBINO ENGINEERING,INC.WILL USE THAT DEGREE OF CARE AND SKILL ORDINARILY EXERCISED UNDER SIMILAR CIRCUMSTANCES BY MEMBERS OF ITS PROFESSION.
RUBINO ENGINEERING,INC.MAKES NO WARRANTIES,EITHER EXPRESS OR IMPLIED,IN CONNECTION WITH ITS SERVICES PROVIDED AS SET FORTH IN ITS PROPOSAL,CLIENT'S
ACCEPTANCE THEREOF,AND THESE GENERAL CONDITIONS. STATEMENTS MADE IN RUBINO ENGINEERING,INC.REPORTS ARE OPINIONS BASED UPON ENGINEERING JUDGMENT
AND ARE NOT TO BE CONSTRUED AS REPRESENTATIONS OF FACT.
SHOULD RUBINO ENGINEERING,INC.OR ANY OF ITS PROFESSIONAL EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF ITS WORK,OR TO HAVE MADE
AND BREACHED ANY EXPRESSED OR IMPLIED WARRANTY,REPRESENTATION OR CONTRACT,CLIENT,ALL PARTIES CLAIMING THROUGH CLIENT AND ALL PARTIES CLAIMING TO
HAVE IN ANY WAY RELIED UPON RUBINO ENGINEERING,INC.'S WORK,AGREE THAT THE MAXIMUM AGGREGATE AMOUNT OF THE LIABILITY OF RUBINO ENGINEERING,INC.,ITS
OFFICERS,EMPLOYEES AND AGENTS SHALL BE LIMITED TO$10,000.00 OR THE TOTAL AMOUNT OF THE FEE PAID TO RUBINO ENGINEERING,INC.FOR ITS WORK PERFORMED WITH
RESPECT TO THE PROJECT,WHICHEVER AMOUNT IS GREATER.
NO ACTION OR CLAIM,WHETHER IN TORT, CONTRACT OR OTHERWISE, MAY BE BROUGHT AGAINST RUBINO ENGINEERING, INC., ARISING FROM OR RELATED TO RUBINO
ENGINEERING,INC.'S WORK,MORE THAN TWO(2)YEARS AFTER THE CESSATION OF RUBINO ENGINEERING,INC.'S WORK HEREUNDER.
10.INDEMNITY: To the fullest extent permitted by law,Client and Rubino Engineering,Inc.each agree to indemnify the other party and the other party's officers,directors,partners,employees,and
representatives,from and against losses,damages,and judgments arising from claims by third parties,including reasonable attorneys'fees and expenses recoverable under applicable law,but only to
the extent they are found to be caused by a negligent act,error,or omission of the indemnifying party or any of the indemnifying party's officers,directors,members,partners,agents,employees,
subcontractors,or subconsultants in the performance of services under this Agreement. If claims,losses,damages,and judgments are found to be caused by the joint or concurrent negligence of Client
and Rubino Engineering,Inc.,they shall be borne by each party in proportion to its negligence.
11.TERMINATION: This Agreement may be terminated by either party upon seven(7)days'prior written notice. In the event of termination,Rubino Engineering,Inc.shall be compensated by Client
for all services performed up to and including the termination date,including reimbursable expenses and for the completion of such services and records as are necessary to place Rubino Engineering,
Inc.'s files in order and/or protect its professional reputation. Failure of Client to make payments when due shall be cause for suspension of services or,ultimately,termination,unless and until Rubino
Engineering Inc.has been paid in full all amounts due for services,expenses and other related changes.
12. DISPUTE RESOLUTION: In the event of a dispute arising out of or relating to this Agreement or the services to be rendered hereunder,the Client and Rubino Engineering,Inc.agree to attempt to
resolve such disputes in the following manner: 1)The parties agree to attempt to resolve any and all unsettled claims,counterclaims,disputes and other matters in question through direct negotiations
between the appropriate representatives of each party;2)If such negotiations are not fully successful,the parties agree to submit any and all remaining unsettled claims,counterclaims,disputes and
other matters in question to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association,effective as of the date of this Agreement.
13. WITNESS FEES: Rubino Engineering,Inc.'s employees shall not be retained as expert witnesses except by separate written agreement. Client agrees to pay Rubino Engineering,Inc.'s legal
expenses,administrative costs and fees pursuant to Rubino Engineering,Inc.'s then current fee schedule for Rubino Engineering,Inc.to respond to any subpoena.
14. NO HIRE:Client agrees not to hire Rubino Engineering,Inc.'s employees except through Rubino Engineering,Inc. In the event Client hires a Rubino Engineering,Inc.employee,Client shall pay
Rubino Engineering,Inc.an amount equal to one-half of the employee's annualized salary,with Rubino Engineering,Inc.waiving other remedies it may have.
15.HAZARDOUS MATERIALS: Nothing contained within this agreement shall be construed or interpreted as requiring Rubino Engineering,Inc.to assume the status of an owner,operator,generator,
storer,transporter,treater or disposal facility as those terms appear within RCRA,CERCLA,or within any Federal or State statute or regulation governing the generation,transportation,treatment,
storage and disposal of pollutants. Client assumes full responsibility for compliance with the provisions of RCRA,CERCLA,and any other Federal or State statute or regulation governing the handling,
treatment,storage and disposal of pollutants.
16.PROVISIONS SEVERABLE: The parties have entered into this agreement in good faith and it is the specific intent of the parties that the terms of the General Conditions be enforced as written. In
the event any of the provisions of these General Conditions should be found to be unenforceable,it shall be stricken and the remaining provisions shall be enforceable.
17.ENTIRE AGREEMENT: This agreement constitutes the entire understanding of the parties,and there are no representations,warranties or undertakings made other than as set forth herein. This
agreement may be amended,modified or terminated only in writing,signed by each of the parties hereto.
Rubino Engineering,Inc. Page 8 of 8
M, Danliel
101BI 1111111 1111111 ""' ' 1111111
m 1111111 �' 1111111 ���� °°°°� , °°°1111111 '� 11111111 1111111
YEARS EXPERIENCE: 34 m Mr. Crosson leads a staff of 39 engineers and technicians. He is the Project Manager for all construction
YEARS WITH CBBEL: 27 m observation and construction inspection projects and oversees CBBEL's Phase III contracts for CDOT, Illinois
m Tollway and IDOT. He serves as CBBEUs liaison to Algonquin, Elmwood Park, Glendale Heights,and Lombard.
EDUCATION Previously provided Resident Engineering services to numerous public and private sector clients, including
Bachelor of Science, 1993 IDOT, Illinois Tollway and the Capital Development Board. Dan served as FEMA Project Officer for Hurricane
Civil Engineering, M Katrina and Hurricane Rita Reimbursement,assigned to Austin and East Texas.
Construction Management,
Illinois Institute of Technology Main Street Bridge Reconstruction over Crystal Creek, Algonquin: Project Manager. Improvements include
m the full reconstruction of the concrete structure, superstructure with prestressed concrete deck beams and
PROFESSIONAL REGISTRATION m approach pavements. Due to the proximity of the neighboring buildings,drilled shafts were installed instead of
m piles. The project also included several decorative items such as pergolas,canopy lighting,decorative archway,
Professional Engineer,IL, m raised urns and masonry columns and benches. Also included is 150LF of storm sewer improvements and 200
062.0523777 1998 m LF of watermain improvements.
PROFESSIONAL DEVELOPMENT Main Street Reconstruction and Streetscape,Algonquin: Project Manager for S.Main Street between Algonquin
IDOT QC/QA Courses: Road (Route 62) and Route 31. Improvements included wet utility replacement, dry utility replacement and
3-Day Aggregate for Mixtures M coordination,and streetscape reconstruction. Streetscape improvements include a 22wide PCC roadway,curb
M and sidewalk alterations via bump outs and parking stalls,sidewalk improvements to comply with ADA standards,
Level I Portland Cement ADA entrance ramps to buildings, 30,000 SF of decorative pavers, decorative light pole system, masonry seat
Concrete walls and columns,custom gas fireplace,decorative tree wells,planter beds,and a large monument sign.
Level II Portland Cement m Madison Street Reconstruction and Streetscape,Forest Park and River Forest: Project Manager for Madison
Concrete m Street reconstruction and streetscape between Desplaines Avenue and Park Avenue. The third of a mile project
Level I Hot Mix As halt m included HMA full depth pavement to accommodate three 11'lanes and two 8'parking lanes. Roadway layout
p m also includes 2 planted medians and bump outs to delineate the parking lanes. All sidewalks and driveways
Level II Hot Mix Asphalt m were removed and replaced,along with installation of decorative brick pavers within parkways and bump outs.
2 Da Nuclear DensityA decorative light pole system was installed. Also included was the installation of 900 LF of new watermain to
Day update Forest Park's existing watermain system.
IDOT T2 Documentation M
ReviewerTRANSPORTATION
M
m 1-90 (Jane Addams Tollway) Roadway and Bridge Reconstruction, Widening (Contracts 4206 and 4233),
PROFESSIONAL AFFILIATIONS m Illinois Tollway: Project Manager.Reconstruction of 1-90 from Roselle Rd to Higgins Rd consisted of the complete
Illinois Road&Transportation m replacement and widening of a 4-mile stretch of both EB and WB 1-90.Improvements included new PCC concrete
Builders Association m pavement,subgrade improvements, asphalt shoulders,crash barriers,storm sewer, lighting and electrical,and
m structural improvements.Work included construction of a new exit ramp and Toll Plaza at Roselle Road and ITS
AWARDS m buildings and gantry foundations for an Active Traffic Management System.Structures included a precast PCC
2013 Recruiter of the Year, m I-beam supported dryland bridge,3 precast concrete double barrel culverts,9 retaining walls,and 11 noise walls.
Illinois Road&Transportation
Builders Association Retaining Wall,Noise Wall and Drainage Improvements,Illinois Tollway: This project involved construction
M of retaining wall, noise walls and drainage improvements along 1-90 from Arlington Height Rd to Oakton St.
M The project included performance based retaining walls, which required design review and coordination with
Tollway and utilities.As Resident Engineer daily duties included overseeing construction observation activities,
coordination with adjacent contracts, facilitating meetings and coordination of materials inspection. Other
duties included contract administration and preparation of change orders and pay estimates.
m 1-294 Northbound Exit Ramp at Balmoral Avenue: Project Manager for all Phase III services required during the
m construction of exit ramp and reconfiguration of existing SB entrance ramp.Supervised the Resident Engineer
m and subconsultant's staff. Coordinated all MOT changes on 1-294 and various nighttime lane closures during
m the project. Construction was accomplished utilizing staged MOT NB and SB on 1-294. All lane restrictions
required on 1-294 to facilitate construction tasks(beam removal and replacement,existing bridge demolition
etc.)were restricted to Bpm to 5am.
1-80 Resurfacing(Harlem Avenue to 1-294),IDOT: Project Manager.This project was constructed using ARRA
funds,therefore,all documentation and material inspections were completed in accordance with federal guidelines.
Project included HMA surface removal,Class D pavement patching,resurfacing with polymerized HMA SMA binder
and surface courses, placement of HMA binder and surface(Mix D)for shoulders and ramps, in-laid pre-formed
plastic striping,surveillance loops,and all other miscellaneous items necessary to complete the work.Bridge work
included deck patching,expansion joint replacement,and sealing of concrete deck.In addition,the ramp from 1-80
- - - -East to 1-57-North included reconstruction of the shoulder,embankment,-and-ramp lighting upgrades.
Christopher B.Burke Engineering,Ltd. 19575 W.Higgins Rd.,Ste.600 1_Rosemont,IL 60018 1847.823.0500 1 cbbel.com I dcrosson@cbbel.com
Contract R-06-5387, Illinois Tollway: Project Manager for Task sub-base,construction of a new drainage system,new water main and
Order contract involving Construction Management services for services, 10" PCC pavement, retaining walls and a bike path. Due to
various Phase III projects. Projects completed to date include RR- extensive industrial traffic the project was staged over a 2 year period.
05-5350 Bridge Repairs for Various Structures along the Reagan Retaining Wall Replacement,1-294 North, Illinois Tollway: Project
Memorial Tollway (1-88) and RR-06-5465 Reagan Memorial Tollway Manager for removal and replacement of a retaining wall for purpose
(1-88) Resurfacing. Ongoing projects include RR-06-9955 Reagan of future widening of 1-294. Proposed retaining wall was a T-Wall
Memorial Tollway(1-88)Pavement Marking and 1-05-5369 1-90 and IL System and included a cast-in-place parapet wall.
173 Interchange Construction.
Contract R-06-5346, Illinois Tollway: Project Manager/Resident I-PASS Lanes at Plaza 19 (River Road/1-90E), Illinois Tollway:
Engineer on a maintenance project involving nine bridges on the Tri- Project Manager for switching of a manual lane to a multi-use
State Tollway(1-294).Work included joint repair,bridge deck patching, I-PASS designated lane; as well as switching an automatic lane to
barrier wall and noise wall repairs,and latex concrete overlays at NB a car only I-PASS designated lane. Included was the relocation of
Electric Ave and SB Butterfield Rd.The overlays utilized staged traffic electrical components in the tunnel,concrete and asphalt pavement
in 5 phases,all other work was completed at night between 9:00pm reconstruction, proposed signing,lighting improvements and median
and 5:00am. Concrete bridge deck repairs utilized Tollway PP-5 barrier wall modifications including drainage improvements.
concrete mixed on site with a 3-hour cure time. Bridge joint repairs Oak Creek Resurfacing, Lombard: Resident Engineer for
utilized a partial depth Delcrete system.Contract was awarded Bridge improvements in the Oak Creek Industrial subdivision. Project
Contract of the Year-Rehabilitation by Illinois Tollway. Construction included spot curb repairs, point repairs to storm sewers, signal
Cost$3,500,000. modifications and reconstruction of intersection at Oak Creek and
FAI-90/94 (Dan Ryan Expressway) at 33rd Street, Bridge Tinley Road. Project was completed using MFT funding.
Superstructure Replacement, CDOT: Project Manager for Phase III IL Route 58 at IL Route 62 Intersection Improvements, Rolling
Services. Project included demolition of the existing deck,structural Meadows: Project Manager. Project consisted of new turn lanes,
steel, pier caps and abutments; then installation of reinforced traffic signals and lighting in intersection with ADT of 70,000. Provided
concrete abutments, pier caps, structural steel, reinforced concrete coordination with 8 private underground utilities within project limits
deck and parapets, lighting and signalization.Work coordinated with and coordination with surrounding businesses.
IDOT,CTA and ComEd.Construction cost $6,500,000. I-PASS Lanes at Plaza 29 (1-294N) and Plaza 17 (1-90W), Illinois
2015 Sheridan Road Water Main Improvements Water Main Lining, Tollway: Project Manager for switching of an automatic lane to an I-PASS
Evanston: Project Manager for the lining of approx. 1,800 LF of 18" designated lane.Project included relocation of electrical components in
water main, installation of approx. 1,800' of 18"ductile iron, 264 LF tunnel, new egress for tunnel, asphalt pavement reconstruction and
of 8" ductile iron water, 775 LF of 6"ductile iron water, 26 LF of 36" median barrier wall modifications with drainage improvements. Daily
ductile iron water, and 15 LF of 30" ductile iron water main, 15 fire duties included construction observation, coordination of material
hydrants and 21 water services between Lincoln St and Emerson St, inspection and documentation of quantities. Other duties included
related appurtenances,concrete curb and sidewalk repairs, pavement shop drawing review, contract administration and preparation of
patching,HMA street resurfacing,parkway restoration and all materials, change orders,extra work orders and pay estimates for CSE's review.
labor,equipment,and incidental work.
Terrace View West Improvements, Lombard: Full reconstruction of
McLean Blvd(Route 31 to Lancaster Circle);Stearns Road Corridor: 6 blocks of residential streets. Project included several components:
Resident Engineer for construction of cast-in-place box culverts, New watermain and new services to all homes;Point repair of sanitary
detention pond excavation,embankments,16,000 SY of 10"PCC jointed sewer and new sanitary services to all homes;Complete replacement of
pavement,traffic signals(2 each).This contract also involved removal of storm sewer system;Complete reconstruction of 3,800 LF of roadways;
an existing 60'timber trestle bridge owned by CNRR,and replacement Extensive landscaping improvements throughout project; Primary
with a 120' single span thru girder steel bridge viaduct and the contact with all impacted residents throughout project; and Primary
appurtenant retaining walls adjacent to new railroad bridge abutments. contact with grammar school located within project limits.
Stearns Road Corridor-Phase I,Wetland Mitigation, KDOT: Project Balmoral Avenue Extension, Rosemont: Project included several
Manager for construction of wetlands and detention ponds,as well as components: Re-alignment and widening of existing section of
the embankment for proposed roadway and bridge approach.Approx. Balmoral Ave; Westward extension of Balmoral Ave including a 250'
contract value is $4.1 million. This included excavation of ponds bridge over Wisconsin-Central RR;Two ramps for access to and from
and wetlands with spoil material being used to make the proposed NB Mannheim Rd(US 45);Resurfacing of 5,000'of NB Mannheim Rd;
highway embankment. The volume of earth moved was 170,000 Construction of auxiliary lane for merging and re-alignment of existing
CY. Also included was the creation of approx. 30 acres of wetland/ ramp from NB Mannheim Rd to 1-190 EB. Project also included
compensation storage/detention ponds. drainage improvements, street lighting system and relocation of an
existing watermain.Coordination with IDOT City of Chicago and O'Hare
2009-2010 Bond Improvements, Glendale Heights: Project Airport was required due to their participation in funding.
Manager for design and delivery of over$9 million dollars of roadway
improvementsto various locations throughout the Village.Work included Darmstadt Road Reconstruction, Hillside: Project Manager for full
reconstruction,rehabilitation and resurfacing. Due to the retirement of reconstruction of Darmstadt Road between IL 56(Butterfield Rd)and
the Public Works Director,CBBEL was relied upon to provide a seamless Wolf Rd. Add lane and signalization improvement of IL 567 High St
transition during the Village's recruitment and hiring process. to Taft Ave in Berkley. Realignment and full reconstruction of 4,200
LF of roadway. Required extensive coordination with adjacent Hillside
Rohlwing Road Reconstruction, Rolling Meadows: Full bottleneck projects.
reconstruction of Rohlwing Rd from Industrial Ave to US 14(Northwest
Highway).Project included complete removal of existing pavement and
Christopher B.Burke Engineering,Ltd. 19575 W.Higgins Rd.,Ste.600 1 Rosemont,IL 60018 1847.823.0500 1 cbbel.com I dcrosson@cbbel.com 2 of 2
m IIIIIII'' "'""'IIIIIII�' "'""'1111111 IIIIIII IIIIIIIIIII 1111111"' 1111111 IIIIIII Illlld
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YEARS EXPERIENCE: 14 m Civil Engineer experienced in the fields of construction engineering, certified IDOT bridge inspection team
YEARS WITH CBBEL: 14 m leader and structural engineering design of bridges. Responsible for performing resident engineering duties
m including on-site construction observation, documentation of quantities, shop drawing reviews, coordination
EDUCATION and/or verified material testing and inspection, review contractor pay requests, preparation of change orders,
Master of Science,2004 and interaction with contractor and client. Recent projects included bridge rehabilitation/replacement,
Civil Engineering,Structures M roadway projects,sanitary&storm sewer jobs,watermain projects and streetscape improvements. Proficient in
Southern Illinois University M documentation requirements for various types of funding including IDOT FAU projects STP,MFT,and TIF Projects.
Bachelor of Science,2002 m
Civil Engineering,StructuresCONSTRUCTION OBSERVATION
m
Southern Illinois University m 2018 MFT Construction Engineering Services, Des Plaines: Resident Engineer for the 2018 MFT program
m in Des Plaines. The scope of work included sidewalk, curb and gutter, and HMA pavement removal and
PROFESSIONAL REGISTRATION m replacement. The project was spread out through all six wards of the City which encompassed several square
Engineer Intern,IL, m miles. Also included in the project were CDBG grant funds for ADA sidewalk improvement adjacent to several
061.0307017 2003 schools and park district facilities. Due to the extensive limits of the project,it was critical to keep the Contractor
focused on specific locations at certain times to accommodate the affected residents and schools.
CERTIFICATIONS M 2018 Capital Improvement Project "D"Alley Reconstruction, Des Plaines: Resident Engineer for the City
IDOT Approved Team Leader, of Des Plaines"D"Alley Reconstruction project. The project was a joint collaboration between the City of Des
Bridge Inspection, ID:00590; m Plaines and the Metropolitan Water Reclamation District (MWRD) to reconstruct six alleys using permeable
National Bridge Inspection m concrete pavement. The alleys were removed to a depth of 20 inches and replaced with a drainage base and
Standards(NBIS)Qualified m permeable concrete to provide storm water storage. The project included reprofiling the alleys,additional storm
Safety Inspection of In- m sewer,ADA compliant sidewalks,concrete curb and gutter replacement,additional signage and reconstruction
Service Bridges, National m of driveway aprons and roadway entrances. An important aspect of the project was to coordinate and inform
Highway Institute,FHWA- m the residents,a local church and daycare center of daily activities and construction schedule. Careful planning
NHI-130055 m and coordination with the Contractor allowed for all 6 alleys to be constructed concurrently which limited the
impact to residents and allowed for the project to be completed on an expedited schedule.
Documentation of Contract
Quantities, IDOT,17-13119 M 2018 Watermain Replacement Project,Zion: Resident Engineer. Scope included replacement of 950 feet
of 8" ductile iron watermain with new fire hydrants, connection to existing watermain, sanitary and storm
ACI Concrete Field Testing M sewer replacement,roadway reconstruction,concrete curb and gutter,pavement markings,and ADA compliant
Technician-Grade I m sidewalk.Responsibilities included construction observation,documentation of quantities and materials,shop
m drawing review and coordination with the City,Contractor and local residents.
PROFESSIONAL DEVELOPMENT m 21st Street&29th Street Reconstruction,Zion: Resident Engineer for Federally funded IDOT Contract 61E13
STIP-S33 Soils Field Testing m which included 5,200 linear feet of roadway reconstruction,storm sewer adjustments,concrete curb and gutter with
and Inspection Course,IDOT m ADA compliant sidewalks,traffic signal loop detection replacement,pavement markings and landscape restoration.
BBS-Bridge Inspection m Services included documentation of all work in accordance with IDOT guidelines using ICORS and Mistic Databases.
Refresher Training,IDOT 2017 TIF District Zion: Resident Engineer which included roadway improvements as well as aesthetic
M � g Y p
M improvements to the Sheridan Road corridor between 24th Street and 30th Street in Downtown Zion. Project
PROFESSIONAL AFFILIATIONS included installation of colored stamped concrete,repainting existingtraffic signals and street lighting,installation
American Institute of of new decorative benches and trash receptacles,and 6 new decorative street lights were installed which help
Steel Construction improve the appearance of the Downtown TIF District.Also included was milling,patching and HMA resurfacing of
American Society of the alleys,streets and several City owned parking lots within the limits of TIF District.Curb and gutter repairs,new
Civil Engineers m sanitary sewer,thermoplastic pavement markings and new sidewalks with ADA compliant ramps were completed.
Tau Beta Pi National Upper Wacker Drive Extension, CDOT: Resident Engineer. Project consisted of rehabilitating 2 spans of
Engineering Society m Upper Wacker Drive Bridge and extending the structure 2 spans to the east. Project involved replacement of
m concrete deck,structural steel modifications to reinforce existing bridge,installation of mircopiles to strengthen
foundations and extending bridge structure 2 spans to the east. New extension of Upper Wacker required
addition of 2 structural steel support bents,steel plate girders and wide flange steel beams.Proposed extension
will provide access to the entrance and parking garages of the new 93 story high Wanda Vista Tower. New
roadway deck incorporates raised planter beds, brick pavers and landscape areas,decorative accent lighting,
street lighting as well as providing a roadway turn around and valet parking location.Significant coordination
was required between CDOT, the developer, architects and contractors. Full-time construction observation
m services included shop drawing review, conducting weekly progress meetings, preparation of change orders,
authorizations,material documentation and quantities according to CDOT guidelines.
Christopher B.Burke Engineering,Ltd. 19575 W.Higgins Rd.,Ste.600 1_Rosemont,IL 60018 1__847.823.0500 1 cbbel.com I wschultz@cbbel.com
South Main Street (Route 14 to Rakow Road) Widening and Fullersburg Flat Bridge,FPDDC: Resident Engineer for construction
Resurfacing, Crystal Lake/IDOT/MCDOT: Assistant Resident of a 96'long bridge over Salt Creek.Project included construction of a
Engineer for contract to widen and resurface South Main Street and steel beam bridge with timber decking and railing,concrete abutments
Virginia Road, and Pyott Road from 3 lanes to 5 lanes. Improvement with a natural limestone facade, reconstruction of approach paths,
consisted of installation of approx.3,000'new storm sewers from 48" drainage culverts and transitions to make parking lot ADA accessible.
to 12" RCP, appurtenant manholes, catch basins and lateral piping; Duties included pre-construction services, coordination meetings,
removal of existing pavement, either full depth and milled; 8,600 on-site construction observation, shop drawing reviews, scheduling
cubic yards of earth excavation, 11,000' of new concrete curbs, and testing of excavated soils due to contamination concerns, reviewing
placement of over 15,000 tons of HMA base course and surface course pay estimates and coordination with FPD and Contractor.
on new roadway profile. Project included traffic signal modernization Course#1 Bridge/Dam,Medinah Country Club: Resident Engineer
at 2 intersections and replacement of County interconnect system for construction of a dam and bridge over Meacham Creek located
between 3 intersections. Duties included shop drawing review, on the 17th hole of newly reconstructed course#1. Project included
coordination with local agency (IDOT and MCDOT), coordination of a 9' high concrete dam and 75' long bridge which were supported
contractor operations and scheduling QA testing,materials inspection roach path reconstruction
documentation,documentation of quantities using ICORS,preparation on a metal shell pile foundation, approach
of change orders,authorizations,and pay estimates using(CORS. and drainage improvements. Duties included on-site construction
observation services, coordination with Owner and Contractor, shop
Harper Drive Multi-Use Path,Algonquin: Resident Engineer. Project drawing review,documenting quantities,and providing documentation
included a 1,500 foot long HMA path with portions supported on 8 foot to DuPage County Building Inspectors.
high block walls and a 200 foot long elevated timber boardwalk over Downtown Redevelopment, Lincolnshire: Resident Engineer for
a wetland area.Project utilized Federal funding and was documented construction of 2 pedestrian bridges and path improvements over
according to IDOT guidelines. Indian Creek in the newly constructed downtown development.Bridges
Gabriel Avenue Reconstruction, Zion: Resident Engineer for have spans of up to 125' which are supported on closed concrete
reconstruction of Gabriel Ave from 23rd St to 33rd St. Full depth abutments and included accent lighting on bridges and approach
pavement removal, sewer improvements and installation of ADA paths. Due to separate contracts and accelerated schedule for site
compliant sidewalks and ramps were included. Federally funded development and bridge construction, coordination Village, Bridge
project was documented accordingto IDOT requirements using(CORS. Contractor and site General Contractor was critical to ensure work was
Coordination between the City and school adjacent to the project was completed on time for the scheduled grand opening. Responsibilities
key in keeping the project on time and on budget. included pre-construction meetings,on site construction observation,
Marengo Road Culvert, Harvard: Resident Engineer for a Federally shop drawing review of bridge elements and lighting, recording
funded project that consisted of removal of a deteriorated concrete quantities and preparation of pay estimates.
flat slab bridge and replacement with triple 9'x7' precast concrete
box culverts. Mokeler Creek was realigned and steel sheetpile walls BRIDGE PROJECTS
were installed.Performed full time construction observation services Balmoral Avenue over Tri-State Tollway(1-294), Rosemont: Project
included documentingthe project using ICORS and coordinating utility involved design of a new exit ramp from NB Tri-State Tollway to
relocations under the creek. connect Balmoral Ave. Project included widening the Balmoral Ave
North Main Street Flood Control,Wheaton: Resident Engineer for a Bridge to accommodate additional traffic and provide dual turn lanes
flood control project that included construction of cast in place concrete onto both NB and SB ramps. Responsibilities included preparation of
slab bridge and flood walls to convey Winfield Creek under Main St in design plans and specifications for bridge widening which included
Downtown Wheaton. The bridge and over 350' of flood walls along 63" pre-stressed bulb T beams, pile supported abutments and piers
the creek are supported on metal shell piles and concrete footings. along with design of a vaulted concrete approach slab.
Additional items included relocation of watermain in casing under the IL Route 53 Frontage Road Bridges, Rolling Meadows: Project
creek, gas main and fiber optic duct relocation, sanitary and storm consisted of replacement of existing bridge decks, substructure
sewer improvements, street lighting, concrete approach pavements, repairs and complete replacement of a failed wingwall on the East
replacement of HMA roadway, sidewalks, commercial parking lots, in and West Frontage Rd Bridges. Responsibilities included an initial
stream channel work to install a concrete channel and stream bank inspection, preparation of a BCR,structural design, reviewing design
stabilization. Responsibilities included full time on-site construction plans and assisting the Resident Engineer with shop drawing review.
observation, shop drawing review, coordination of contractor's
operations with the City, utilities and local businesses, materials Whitehall Avenue Bridge Rehabilitation, Northlake: Project
inspection documentation,scheduling QA testing,recording quantities, consisted of complete superstructure replacement of existing bridge
preparation of change orders,authorizations,and pay estimates. over Addison Creek. Single span bridge was designed using rolled
composite steel beams to provide a deck with three lanes of traffic
Naperville Riverwalk: Assisted Resident Engineer with micro- and a 5' wide sidewalk. Responsibilities included performing an
pile installation and structural portions of reconstruction west of initial inspection, preparation of a BCR to determine the extent of
Washington St. The river walk path was extended under an existing rehabilitation required and review of final design plans.Site visits and
bridge and connected to a newly reconstructed plaza. Due to low shop drawing review were also provided to assistthe Resident Engineer.
clearances under the bridge, micro-piles were installed to modify
the bridge foundation to allow installation of the path in front of the
bridge abutments. Duties included performing on-site construction
observation for installation of micro-piles to support an existing
bridge, retaining walls with formliner fagade along edge of the creek,
ramps,stairs and plaza/statue elements.
Christopher B.Burke Engineering,Ltd. 19575 W.Higgins Rd.,Ste.600 1 Rosemont,IL 60018 1847.823.0500 1 cbbel.com I wschultz@cbbel.com 2 of 2
CHRISTOPHER B. BURKE ENGINEERING, LTD.
GENERAL TERMS AND CONDITIONS
1. Relationship Between Engineer and Client: Christopher B. Burke Engineering, Ltd.
(Engineer) shall serve as Client's professional engineer consultant in those phases of
the Project to which this Agreement applies. This relationship is that of a buyer and
seller of professional services and as such the Engineer is an independent contractor in
the performance of this Agreement and it is understood that the parties have not entered
into any joint venture or partnership with the other. The Engineer shall not be
considered to be the agent of the Client. Nothing contained in this Agreement shall
create a contractual relationship with a cause of action in favor of a third party against
either the Client or Engineer.
Furthermore, causes of action between the parties to this Agreement pertaining to acts
of failures to act shall be deemed to have accrued and the applicable statute of
limitations shall commence to run not later than the date of substantial completion.
2. Responsibility of the Engineer: Engineer will strive to perform services under this
Agreement in accordance with generally accepted and currently recognized engineering
practices and principles, and in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing in the same
locality under similar conditions. No other representation, express or implied, and no
warranty or guarantee is included or intended in this Agreement, or in any report,
opinion, document, or otherwise.
Notwithstanding anything to the contrary which may be contained in this Agreement or
any other material incorporated herein by reference, or in any Agreement between the
Client and any other party concerning the Project, the Engineer shall not have control or
be in charge of and shall not be responsible for the means, methods, techniques,
sequences or procedures of construction, or the safety, safety precautions or programs
of the Client,the construction contractor, other contractors or subcontractors performing
any of the work or providing any of the services on the Project. Nor shall the Engineer
be responsible for the acts or omissions of the Client, or for the failure of the Client, any
architect, engineer, consultant, contractor or subcontractor to carry out their respective
responsibilities in accordance with the Project documents, this Agreement or any other
agreement concerning the Project. Any provision which purports to amend this provision
shall be without effect unless it contains a reference that the content of this condition is
expressly amended for the purposes described in such amendment and is signed by the
Engineer.
3. Changes: Client reserves the right by written change order or amendment to make
changes in requirements, amount of work, or engineering time schedule adjustments,
and Engineer and Client shall negotiate appropriate adjustments acceptable to both
parties to accommodate any changes, if commercially possible.
4. Suspension of Services: Client may, at any time, by written order to Engineer
(Suspension of Services Order) require Engineer to stop all, or any part, of the services
required by this Agreement. Upon receipt of such an order, Engineer shall immediately
comply with its terms and take all reasonable steps to minimize the costs associated
with the services affected by such order. Client, however, shall pay all costs incurred by
the suspension, including all costs necessary to maintain continuity and for the
1
resumptions of the services upon expiration of the Suspension of Services Order.
Engineer will not be obligated to provide the same personnel employed prior to
suspension, when the services are resumed, in the event that the period of suspension
is greater than thirty (30) days.
5. Termination: This Agreement may be terminated by either party upon thirty (30) days
written notice in the event of substantial failure by the other party to perform in
accordance with the terms hereof through no fault of the terminating party. This
Agreement may be terminated by Client, under the same terms, whenever Client shall
determine that termination is in its best interests. Cost of termination, including salaries,
overhead and fee, incurred by Engineer either before or after the termination date shall
be reimbursed by Client.
6. Documents Delivered to Client: Drawings, specifications, reports,and any other Project
Documents prepared by Engineer in connection with any or all of the services furnished
hereunder shall be delivered to the Client for the use of the Client. Engineer shall have
the right to retain originals of all Project Documents and drawings for its files.
Furthermore, it is understood and agreed that the Project Documents such as, but not
limited to reports, calculations, drawings, and specifications prepared for the Project,
whether in hard copy or machine readable form, are instruments of professional service
intended for one-time use in the construction of this Project. These Project Documents
are and shall remain the property of the Engineer. The Client may retain copies,
including copies stored on magnetic tape or disk, for information and reference in
connection with the occupancy and use of the Project.
When and if record drawings are to be provided by the Engineer, Client understands that
information used in the preparation of record drawings is provided by others and
Engineer is not responsible for accuracy, completeness, nor sufficiency of such
information. Client also understands that the level of detail illustrated by record
drawings will generally be the same as the level of detail illustrated by the design
drawing used for project construction. If additional detail is requested by the Client to be
included on the record drawings, then the Client understands and agrees that the
Engineer will be due additional compensation for additional services.
It is also understood and agreed that because of the possibility that information and data
delivered in machine readable form may be altered,whether inadvertently or otherwise,
the Engineer reserves the right to retain the original tapes/disks and to remove from
copies provided to the Client all identification reflecting the involvement of the Engineer
in their preparation. The Engineer also reserves the right to retain hard copy originals of
all Project Documentation delivered to the Client in machine readable form, which
originals shall be referred to and shall govern in the event of any inconsistency between
the two.
The Client understands that the automated conversion of information and data from the
system and format used by the Engineer to an alternate system or format cannot be
accomplished without the introduction of inexactitudes, anomalies, and errors. In the
event Project Documentation provided to the Client in machine readable form is so
converted, the Client agrees to assume all risks associated therewith and, to the fullest
2
extent permitted by law, to hold harmless and indemnify the Engineer from and against
all claims, liabilities, losses, damages, and costs, including but not limited to attorney's
fees, arising therefrom or in connection therewith.
The Client recognizes that changes or modifications to the Engineer's instruments of
professional service introduced by anyone other than the Engineer may result in adverse
consequences which the Engineer can neither predict nor control. Therefore, and in
consideration of the Engineer's agreement to deliver its instruments of professional
service in machine readable form, the Client agrees, to the fullest extent permitted by
law, to hold harmless and indemnify the Engineer from and against all claims, liabilities,
losses, damages, and costs, including but not limited to attorney's fees, arising out of or
in any way connected with the modification, misinterpretation, misuse, or reuse by
others of the machine readable information and data provided by the Engineer under
this Agreement. The foregoing indemnification applies, without limitation, to any use of
the Project Documentation on other projects, for additions to this Project, or for
completion of this Project by others, excepting only such use as may be authorized, in
writing, by the Engineer.
7. Reuse of Documents: All Project Documents including but not limited to reports,
opinions of probable costs, drawings and specifications furnished by Engineer pursuant
to this Agreement are intended for use on the Project only. They cannot be used by
Client or others on extensions of the Project or any other project. Any reuse, without
specific written verification or adaptation by Engineer, shall be at Client's sole risk, and
Client shall indemnify and hold harmless Engineer from all claims,damages, losses, and
expenses including attorney's fees arising out of or resulting therefrom.
The Engineer shall have the right to include representations of the design of the Project,
including photographs of the exterior and interior, among the Engineer's promotional and
professional materials. The Engineer's materials shall not include the Client's
confidential and proprietary information if the Client has previously advised the Engineer
in writing of the specific information considered by the Client to be confidential and
proprietary.
8. Standard of Practice: The Engineer will strive to conduct services under this agreement
in a manner consistent with that level of care and skill ordinarily exercised by members
of the profession currently practicing in the same locality under similar conditions as of
the date of this Agreement.
9. Compliance With Laws: The Engineer will strive to exercise usual and customary
professional care in his/her efforts to comply with those laws, codes, ordinance and
regulations which are in effect as of the date of this Agreement.
With specific respect to prescribed requirements of the Americans with Disabilities Act of
1990 or certified state or local accessibility regulations (ADA), Client understands ADA is
a civil rights legislation and that interpretation of ADA is a legal issue and not a design
issue and, accordingly, retention of legal counsel (by Client) for purposes of
interpretation is advisable. As such and with respect to ADA, Client agrees to waive any
action against Engineer, and to indemnify and defend Engineer against any claim arising
from Engineer's alleged failure to meet ADA requirements prescribed.
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Further to the law and code compliance, the Client understands that the Engineer will
strive to provide designs in accordance with the prevailing Standards of Practice as
previously set forth, but that the Engineer does not warrant that any reviewing agency
having jurisdiction will not for its own purposes comment, request changes and/or
additions to such designs. In the event such design requests are made by a reviewing
agency, but which do not exist in the form of a written regulation, ordinance or other
similar document as published by the reviewing agency, then such design changes (at
substantial variance from the intended design developed by the Engineer), if effected
and incorporated into the project documents by the Engineer, shall be considered as
Supplementary Task(s) to the Engineer's Scope of Service and compensated for
accordingly.
10. Indemnification: Engineer shall indemnify and hold harmless Client up to the amount of
this contract fee(for services)from loss or expense, including reasonable attorney's fees
for claims for personal injury(including death)or property damage to the extent caused
by the sole negligent act, error or omission of Engineer.
Client shall indemnify and hold harmless Engineer under this Agreement, from loss or
expense, including reasonable attorney's fees,for claims for personal injuries(including
death)or property damage arising out of the sole negligent act, error omission of Client.
In the event of joint or concurrent negligence of Engineer and Client, each shall bear that
portion of the loss or expense that its share of the joint or concurrent negligence bears to
the total negligence (including that of third parties), which caused the personal injury or
property damage.
Engineer shall not be liable for special, incidental or consequential damages, including,
but not limited to loss of profits, revenue, use of capital, claims of customers, cost of
purchased or replacement power, or for any other loss of any nature,whether based on
contract,tort, negligence, strict liability or otherwise, by reasons of the services rendered
under this Agreement.
11. Opinions of Probable Cost: Since Engineer has no control over the cost of labor,
materials or equipment, or over the Contractor(s) method of determining process, or
over competitive bidding or market conditions, his/her opinions of probable Project
Construction Cost provided for herein are to be made on the basis of his/her experience
and qualifications and represent his/her judgement as a design professional familiarwith
the construction industry, but Engineer cannot and does not guarantee that proposal,
bids or the Construction Cost will not vary from opinions of probable construction cost
prepared by him/her. If prior to the Bidding or Negotiating Phase, Client wishes greater
accuracy as to the Construction Cost, the Client shall employ an independent cost
estimator Consultant for the purpose of obtaining a second construction cost opinion
independent from Engineer.
12. Governing Law & Dispute Resolutions: This Agreement shall be governed by and
construed in accordance with Articles previously set forth by(Item 9 of)this Agreement,
together with the laws of the State of Illinois.
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Any claim, dispute or other matter in question arising out of or related to this Agreement,
which can not be mutually resolved by the parties of this Agreement, shall be subject to
mediation as a condition precedent to arbitration (if arbitration is agreed upon by the
parties of this Agreement) or the institution of legal or equitable proceedings by either
party. If such matter relates to or is the subject of a lien arising out of the Engineer's
services, the Engineer may proceed in accordance with applicable law to comply with
the lien notice or filing deadlines prior to resolution of the matter by mediation or by
arbitration.
The Client and Engineer shall endeavor to resolve claims, disputes and other matters in
question between them by mediation which, unless the parties mutually agree otherwise,
shall be in accordance with the Construction Industry Mediation Rules of the American
Arbitration Association currently in effect. Requests for mediation shall be filed in writing
with the other party to this Agreement and with the American Arbitration Association.
The request may be made concurrently with the filing of a demand for arbitration but, in
such event, mediation shall proceed in advance of arbitration or legal or equitable
proceedings, which shall be stayed pending mediation for a period of 60 days from the
date of filing, unless stayed for a longer period by agreement of the parties or court
order.
The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in the place where the Project is located, unless another location is
mutually agreed upon. Agreements reached in mediation shall be enforceable as
settlement agreements in any court having jurisdiction thereof.
13. Successors and Assigns: The terms of this Agreement shall be binding upon and inure
to the benefit of the parties and their respective successors and assigns: provided,
however, that neither party shall assign this Agreement in whole or in part without the
prior written approval of the other.
14. Waiver of Contract Breach: The waiver of one party of any breach of this Agreement or
the failure of one party to enforce at any time, or for any period of time, any of the
provisions hereof, shall be limited to the particular instance, shall not operate or be
deemed to waive any future breaches of this Agreement and shall not be construed to
be a waiver of any provision, except for the particular instance.
15. Entire Understanding of Agreement: This Agreement represents and incorporates the
entire understanding of the parties hereto, and each party acknowledges that there are
no warranties, representations, covenants or understandings of any kind, matter or
description whatsoever, made by either party to the other except as expressly set forth
herein. Client and the Engineer hereby agree that any purchase orders, invoices,
confirmations, acknowledgments or other similar documents executed or delivered with
respect to the subject matter hereof that conflict with the terms of the Agreement shall
be null, void &without effect to the extent they conflict with the terms of this Agreement.
16. Amendment: This Agreement shall not be subject to amendment unless another
instrument is duly executed by duly authorized representatives of each of the parties and
entitled "Amendment of Agreement".
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17. Severability of Invalid Provisions: If any provision of the Agreement shall be held to
contravene or to be invalid under the laws of any particular state, county or jurisdiction
where used, such contravention shall not invalidate the entire Agreement, but it shall be
construed as if not containing the particular provisions held to be invalid in the particular
state, country or jurisdiction and the rights or obligations of the parties hereto shall be
construed and enforced accordingly.
18. Force Majeure: Neither Client nor Engineer shall be liable for any fault or delay caused
by any contingency beyond their control including but not limited to acts of God, wars,
strikes,walkouts,fires, natural calamities,or demands or requirements of governmental
agencies.
19. Subcontracts: Engineer may subcontract portions of the work, but each subcontractor
must be approved by Client in writing.
20. Access and Permits: Client shall arrange for Engineer to enter upon public and private
property and obtain all necessary approvals and permits required from all governmental
authorities having jurisdiction over the Project. Client shall pay costs (including
Engineer's employee salaries, overhead and fee) incident to any effort by Engineer
toward assisting Client in such access, permits or approvals, if Engineer perform such
services.
21. Designation of Authorized Representative: Each party (to this Agreement) shall
designate one or more persons to act with authority in its behalf in respect to appropriate
aspects of the Project. The persons designated shall review and respond promptly to all
communications received from the other party.
22. Notices: Any notice or designation required to be given to either party hereto shall be in
writing, and unless receipt of such notice is expressly required by the terms hereof shall
be deemed to be effectively served when deposited in the mail with sufficient first class
postage affixed, and addressed to the party to whom such notice is directed at such
party's place of business or such other address as either party shall hereafter furnish to
the other party by written notice as herein provided.
23. Limit of Liability: The Client and the Engineer have discussed the risks, rewards, and
benefits of the project and the Engineer's total fee for services. In recognition of the
relative risks and benefits of the Project to both the Client and the Engineer, the risks
have been allocated such that the Client agrees that to the fullest extent permitted by
law, the Engineer's total aggregate liability to the Client for any and all injuries, claims,
costs, losses, expenses, damages of any nature whatsoever or claim expenses arising
out of this Agreement from any cause or causes, including attorney's fees and costs,
and expert witness fees and costs, shall not exceed the total Engineer's fee for
professional engineering services rendered on this project as made part of this
Agreement. Such causes included but are not limited to the Engineer's negligence,
errors, omissions, strict liability or breach of contract. It is intended that this limitation
apply to any and all liability or cause of action however alleged or arising, unless
otherwise prohibited by law.
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24. Client's Responsibilities: The Client agrees to provide full information regarding
requirements for and about the Project, including a program which shall set forth the
Client's objectives, schedule, constraints, criteria, special equipment, systems and site
requirements.
The Client agrees to furnish and pay for all legal, accounting and insurance counseling
services as may be necessary at any time for the Project, including auditing services
which the Client may require to verify the Contractor's Application for Payment or to
ascertain how or for what purpose the Contractor has used the money paid by or on
behalf of the Client.
The Client agrees to require the Contractor, to the fullest extent permitted by law, to
indemnify, hold harmless, and defend the Engineer, its consultants, and the employees
and agents of any of them from and against any and all claims, suits, demands,
liabilities, losses, damages, and costs ("Losses"), including but not limited to costs of
defense, arising in whole or in part out of the negligence of the Contractor, its
subcontractors, the officers, employees, agents, and subcontractors of any of them, or
anyone for whose acts any of them may be liable, regardless of whether or not such
Losses are caused in part by a party indemnified hereunder. Specifically excluded from
the foregoing are Losses arising out of the preparation or approval of maps, drawings,
opinions, reports, surveys, change orders,designs,or specifications, and the giving of or
failure to give directions by the Engineer, its consultants, and the agents and employees
of any of them, provided such giving or failure to give is the primary cause of Loss. The
Client also agrees to require the Contractor to provide to the Engineer the required
certificate of insurance.
The Client further agrees to require the Contractor to name the Engineer, its agents and
consultants as additional insureds on the Contractor's policy or policies of
comprehensive or commercial general liability insurance. Such insurance shall include
products and completed operations and contractual liability coverages, shall be primary
and noncontributing with any insurance maintained by the Engineer or its agents and
consultants, and shall provide that the Engineer be given thirty days, unqualified written
notice prior to any cancellation thereof.
In the event the foregoing requirements, or any of them, are not established by the
Client and met by the Contractor, the Client agrees to indemnify and hold harmless the
Engineer, its employees, agents, and consultants from and against any and all Losses
which would have been indemnified and insured against by the Contractor, but were not.
When Contract Documents prepared under the Scope of Services of this contract
require insurance(s) to be provided, obtained and/or otherwise maintained by the
Contractor, the Client agrees to be wholly responsible for setting forth any and all such
insurance requirements. Furthermore, any document provided for Client review by the
Engineer under this Contract related to such insurance(s)shall be considered as sample
insurance requirements and not the recommendation of the Engineer. Client agrees to
have their own risk management department review any and all insurance requirements
for adequacy and to determine specific types of insurance(s) required for the project.
Client further agrees that decisions concerning types and amounts of insurance are
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specific to the project and shall be the product of the Client. As such, any and all
insurance requirements made part of Contract Documents prepared by the Engineer are
not to be considered the Engineer's recommendation,and the Client shall make the final
decision regarding insurance requirements.
25. Information Provided by Others: The Engineer shall indicate to the Client the
information needed for rendering of the services of this Agreement. The Client shall
provide to the Engineer such information as is available to the Client and the Client's
consultants and contractors, and the Engineer shall be entitled to rely upon the accuracy
and completeness thereof. The Client recognizes that it is impossible for the Engineer
to assure the accuracy, completeness and sufficiency of such information, either
because it is impossible to verify, or because of errors or omissions which may have
occurred in assembling the information the Client is providing. Accordingly, the Client
agrees, to the fullest extent permitted by law,to indemnify and hold the Engineer and the
Engineer's subconsultants harmless from any claim, liability or cost (including
reasonable attorneys' fees and cost of defense) for injury or loss arising or allegedly
arising from errors, omissions or inaccuracies in documents or other information
provided by the Client to the Engineer.
26. Pam: Client shall be invoiced once each month for work performed during the
preceding period. Client agrees to pay each invoice within thirty(30)days of its receipt.
The client further agrees to pay interest on all amounts invoiced and not paid or objected
to for valid cause within said thirty (30) day period at the rate of eighteen (18) percent
per annum (or the maximum interest rate permitted under applicable law, whichever is
the lesser) until paid. Client further agrees to pay Engineer's cost of collection of all
amounts due and unpaid after sixty (60) days, including court costs and reasonable
attorney's fees, as well as costs attributed to suspension of services accordingly and as
follows:
Collection Costs. In the event legal action is necessary to enforce the payment
provisions of this Agreement, the Engineer shall be entitled to collect from the
Client any judgement or settlement sums due, reasonable attorneys'fees, court
costs and expenses incurred by the Engineer in connection therewith and, in
addition, the reasonable value of the Engineer's time and expenses spent in
connection with such collection action, computed at the Engineer's prevailing fee
schedule and expense policies.
Suspension of Services. If the Client fails to make payments when due or
otherwise is in breach of this Agreement, the Engineer may suspend
performance of services upon five (5) calendar days' notice to the Client. The
Engineer shall have no liability whatsoever to the Client for any costs or damages
as a result of such suspension caused by any breach of this Agreement by the
Client. Client will reimburse Engineer for all associated costs as previously set
forth in (Item 4 of) this Agreement.
27. When construction observation tasks are part of the service to be performed by the
Engineer under this Agreement, the Client will include the following clause in the
construction contract documents and Client agrees not to modify or delete it:
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Kotecki Waiver. Contractor(and any subcontractor into whose subcontract this
clause is incorporated)agrees to assume the entire liability for all personal injury
claims suffered by its own employees, including without limitation claims under
the Illinois Structural Work Act, asserted by persons allegedly injured on the
Project; waives any limitation of liability defense based upon the Worker's
Compensation Act, court interpretations of said Act or otherwise; and to the
fullest extent permitted by law, agrees to indemnify and hold harmless and
defend Owner and Engineer and their agents, employees and consultants (the
"Indemnitees") from and against all such loss, expense, damage or injury,
including reasonable attorneys' fees, that the Indemnitees may sustain as a
result of such claims, except to the extent that Illinois law prohibits indemnity for
the Indemnitees'own negligence. The Owner and Engineer are designated and
recognized as explicit third party beneficiaries of the Kotecki Waiver within the
general contract and all subcontracts entered into in furtherance of the general
contract.
28. Job Site Safety/Supervision & Construction Observation: The Engineer shall neither
have control over or charge of, nor be responsible for,the construction means, methods,
techniques, sequences of procedures, or for safety precautions and programs in
connection with the Work since they are solely the Contractor's rights and
responsibilities. The Client agrees that the Contractor shall supervise and direct the work
efficiently with his/her best skill and attention; and that the Contractor shall be solely
responsible for the means, methods, techniques, sequences and procedures of
construction and safety at the job site. The Client agrees and warrants that this intent
shall be carried out in the Client's contract with the Contractor. The Client further agrees
that the Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the work; and that the Contractor
shall take all necessary precautions for the safety of, and shall provide the necessary
protection to prevent damage, injury or loss to all employees on the subject site and all
other persons who may be affected thereby. The Engineer shall have no authority to
stop the work of the Contractor or the work of any subcontractor on the project.
When construction observation services are included in the Scope of Services, the
Engineer shall visit the site at intervals appropriate to the stage of the Contractor's
operation, or as otherwise agreed to by the Client and the Engineer to: 1) become
generally familiar with and to keep the Client informed about the progress and quality of
the Work; 2) to strive to bring to the Client's attention defects and deficiencies in the
Work and; 3) to determine in general if the Work is being performed in a manner
indicating that the Work, when fully completed, will be in accordance with the Contract
Documents. However, the Engineer shall not be required to make exhaustive or
continuous on-site inspections to check the quality or quantity of the Work. If the Client
desires more extensive project observation, the Client shall request that such services
be provided by the Engineer as Additional and Supplemental Construction Observation
Services in accordance with the terms of this Agreement.
The Engineer shall not be responsible for any acts or omissions of the Contractor,
subcontractor, any entity performing any portions of the Work, or any agents or
employees of any of them. The Engineer does not guarantee the performance of the
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Contractor and shall not be responsible for the Contractor's failure to perform its Work in
accordance with the Contract Documents or any applicable laws, codes, rules or
regulations.
When municipal review services are included in the Scope of Services, the Engineer
(acting on behalf of the municipality), when acting in good faith in the discharge of its
duties, shall not thereby render itself liable personally and is, to the maximum extent
permitted by law, relieved from all liability for any damage that may accrue to persons or
property by reason of any act or omission in the discharge of its duties.Any suit brought
against the Engineer which involve the acts or omissions performed by it in the
enforcement of any provisions of the Client's rules, regulation and/or ordinance shall be
defended by the Client until final termination of the proceedings. The Engineer shall be
entitled to all defenses and municipal immunities that are, or would be, available to the
Client.
29. Insurance and Indemnification: The Engineer and the Client understand and agree that
the Client will contractually require the Contractor to defend and indemnify the Engineer
and/or any subconsultants from any claims arising from the Work.The Engineer and the
Client further understand and agree that the Client will contractually require the
Contractor to procure commercial general liability insurance naming the Engineer as an
additional named insured with respect to the work. The Contractor shall provide to the
Client certificates of insurance evidencing that the contractually required insurance
coverage has been procured. However,the Contractor's failure to provide the Client with
the requisite certificates of insurance shall not constitute a waiver of this provision by the
Engineer.
The Client and Engineer waive all rights against each other and against the Contractor
and consultants, agents and employees of each of them for damages to the extent
covered by property insurance during construction. The Client and Engineer each shall
require similar waivers from the Contractor, consultants, agents and persons or entities
awarded separate contracts administered under the Client's own forces.
30. Hazardous Materials/Pollutants: Unless otherwise provided by this Agreement, the
Engineer and Engineer's consultants shall have no responsibility for the discovery,
presence, handling, removal or disposal of or exposure of persons to hazardous
materials/pollutants in any form at the Project site, including but not limited to
mold/mildew, asbestos, asbestos products, polychlorinated biphenyl (PCB) or other
toxic/hazardous/pollutant type substances.
Furthermore, Client understands that the presence of mold/mildew and the like are
results of prolonged or repeated exposure to moisture and the lack of corrective action.
Client also understands that corrective action is a operation, maintenance and repair
activity for which the Engineer is not responsible.
June 13, 2005
PAProposals\Terms and Conditions\GT&C 2005.061305.doc
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