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Home My WebLink About06-206 0 Resolution No.06-206 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH TRANSYSTEMS CORPORATION FOR GRANT WRITING SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with TranSystems Corporation for the grant writing services, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: August 23, 2006 Adopted: August 23, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk v A AGREEMENT THIS AGREEMENT is made and entered into this a 3, day of ,4-u G UST, 2006, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY" ) and TranSystems Corporation, an Illinois corporation (hereinafter referred to as "ENGINEER" ) . WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services for a grant writer program to apply on behalf of the City of Elgin for grants from various agencies for projects in the City of Elgin' s approved five-year capital plan (hereinafter referred to as the PROJECT) . AND WHEREAS, the ENGINEER represents that he is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, for an in consideration of the mutual undertaking as contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the CITY does hereby retain the ENGINEER to act for and represent the CITY in the matters involved in the PROJECT as described herein, subject to the following terms and conditions and stipulations, to-wit : 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Public Works of the CITY, hereinafter referred to as the "DIRECTOR" . B . The ENGINEER shall provide the grant administration consultive services for the CITY as described in Exhibit A attached hereto entitled "Scope of Services City of Elgin Grant Writer Program-Capital Improvements Projects" a copy of - which is attached hereto and incorporated herein by this reference . 2 . SCHEDULE The ENGINEER shall provide the services outlined in Exhibit A within a two-year time frame following the entry into and execution of this Agreement . The ENGINEER shall submit to the DIRECTOR status reports every ninety (90) days providing a brief progress report identifying progress, findings and outstanding issues . • 3 . WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including, but not limited to, applications, reports, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR provided, however, that the ENGINEER may retain copies of such work products for its records . Such work products are not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. 4 . COMPENSATION TO THE ENGINEER As compensation for the performance of the described services the CITY agrees to select the ENGINEER to perform the planning, designing, construction engineering services for any project for which outside funding is secured as a result of the ENGINEER' s grant writing services . The form of any such future agreements between the CITY and the ENGINEER shall be as substantially set forth in this Agreement . Compensation to the ENGINEER in any such future agreements is to be negotiated as part of such a separate agreement and such separate agreements are subject to the parties agreeing on reasonable compensation to the ENGINEER. The fiscal year of the CITY is the twelve month period ending December 31 . The obligations of the CITY to proceed with any project for which outside funding is secured as a result of the ENGINEER' s grant writing services or to proceed with any agreement with the ENGINEER in connection with any such project are subject to and contingent upon the appropriation of funds by the city council of the City of Elgin for any such projects and for any such related agreements with the ENGINEER for such projects . 5 . INTENTIONALLY OMITTED 6 . TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the ENGINEER. 7 . TERM This Agreement shall have a two year term commencing from the entry into and execution of this Agreement . 8 . INTENTIONALLY OMITTED - 2 - 9 . BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement . Notwithstanding the foregoing, or anything else to the contrary in this Agreement, no action shall be commenced by the ENGINEER against the CITY for monetary damages . 10 . INDEMNIFICATION To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits, judgments, costs, attorneys fees, damages or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement . In the event of any action against the CITY, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY' s choosing. The provisions of this paragraph shall survive any completion, expiration and/or termination of this agreement . 11. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement . 12 . INSURANCE A. Comprehensive Liability. The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least $1, 000, 000 aggregate for bodily injury and $1, 000 , 000 aggregate for property damage . - 3 - The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article 10 entitled "Indemnification" shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorated, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non- owned and hired motor vehicles with limits of not less than $500 , 000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1 , 000, 000 per occurrence subject to a $1, 000 , 000 aggregate . D. Professional Liability. The ENGINEER shall carry Engineers Professional. Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1, 000, 000 per occurrence . A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. 13 . INTENTIONALLY OMITTED 14 . NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, - 4 - rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. 15 . ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. 16 . DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the ENGINEER would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made . Any proposed subcontractor shall require the CITY ' s advanced written approval . 17 . NO CO-PARTNERSHIP OR AGENCY This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto . 18 . SEVERABILITY The parties intend and agreed that, if any paragraph, sub- paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect . 19 . HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the - 5 - scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof . 20 . MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties . Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. 21. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois . Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois . 22 . NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23 . COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY' s employ or any work associated with the PROJECT. 24 . INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 25. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; - 6 - B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor ' s internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6- 101 of the Human Rights Act . A copy of the policies must be provided to the Department of Human Rights upon request 775 ILCS 5/2-105 . 26 . WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. 27 . NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail , postage prepaid, addressed as follows : A. As to CITY: JOHN LOETE, P.E. Director of Public Works City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: BRIAN L. FAIRWOOD Assistant Vice-President Tr tem ratio - 7 - IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though eachcopy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement . FOR THE CITY: FOR THE ENGINEER: BY al ■ BY : :1111r Ci . . ager Attest : C . y Clerk F:\Legal Dept\Agreement\Engineering Agreement-TranSystems.doc - 8 - Exhibit A - Scope of Services City of Elgin Grant Writer Program - Capital Improvement Projects Scope of Engineering Services We offer the following detailed scope of grant administration consultant services based on our understanding of the RFP,the pre-proposal meeting with City staff,and our recent experience on similar services. 1. Program Coordination A. Work with the City to compile a list of infrastructure projects within the City's Capital Improvement Program on which to submit application. The list will also include projects not yet funded. B. Review the following list of funding sources and other funding sources, as identified, to identify funding opportunities on specific projects. Funding Source Funding Type Submit To FHWA Surface Transportation Program (STP) KCCOM SAFETEA-LU FHWA Transportation Control Measures (TCM) KCCOM SAFETEA-LU FHWA Congestion Mitigation & Air Quality(CMAQ) CATS SAFETEA-LU FHWA Transportation Enhancement Program (TEP) DOT SAFETEA-LU FHWA Highway Bridge Rehabilitation &Replacement IDOT SAFETEA-LU Program (HBRRP) FHWA Highway Safety Improvement Program IDOT SAFETEA-LU IDNR Bikeway IDNR DOT Illinois Tomorrow Corridor Planning Grant CATS Program DOT Economic Development Access and IDOT Interchange Improvements IDOT Operation Green Light Transit Access (OGL) IDOT Exhibit A-i Exhibit A - Scope of Services City of Elgin Grant Writer Program - Capital Improvement Projects C. Review the following list of funding sources and other funding sources, as identified by the Parks and Recreation Department, to identify funding opportunities on specific projects. • 21st Century Community Learning Center Program • Arthur B. Schultz Foundation • Artstour- Illinois Arts Council • Baseball Tomorrow • Boat Access - IDNR • Boating Infrastructure -IDNR • Clean Vessel - IDNR • Conservation 2000 Eco System - IDNR • Conservation 2000 Sustainable Agriculture Grant Program • Doris Duke Charitable Foundation • Eastman Kodak American Greenways Awards • Environmental Education Grants -US Environmental Protection Agency • Freedom Gardens • Illinois Clean Energy Community Foundation Grants • Illinois Clean Lakes - IDNR • Illinois Schoolyard,Habitat Action Grant - IDNR • Illinois Wildlife Preservation Fund - IDNR • Laird Norton Endowment Foundation • Land & Water Conservation Fund • Local Government Snowmobile • National 4-H Council - 2003 Healthy Lifestyles Grant • National 4-H Council - 2003 Feeding the Hungry Grant • National 4-H Council - Youth in Action/Community Tree Planting Grant • National Gardening Assoc. Youth Garden Grant • National Tree Trust • Northeastern Illinois Wetlands Conservation Account • Off Highway Recreation Trails • Open Land Trust • Open Space Lands Acquisition Trust • Outreach & Education Components - Ill. Dept. of Agriculture • Partners for Fish and Wildlife • Priority Lake and Watershed Implementation Program: - [EPA • Public Museum Capitol Grants • Public Museum Operating Grants • Recreation Trails Program • Rothman Family Foundation • Section 1135 Project Modifications for the Improvement of the Environment • Section 206 Aquatic Ecosystem Restoration • Short Term Artists Residency(S.T.A.R) - Illinois Arts Council • Small Projects Fund—IDNR • Sustainable Development Challenge & Small Grant Programs for Communities • Wildlife Conservation - IDNR Exhibit A-ii Exhibit A - Scope of Services City of Elgin Grant Writer Program - Capital Improvement Projects D. Prepare an annual funding chart and overall funding chart for funding opportunities available to the City. E. Meet with the City to present the funding charts. Based on comments received, a follow-up meeting will be held to discuss the final Funding Management Assistance Packet. F. Provide on-call consultation with the City to attend meetings or make presentations on funding-related issues. 2. Funding Application Preparation A. Prepare new funding applications and submit to funding agencies. B. The City will provide the Consultant with the following information needed for the applications that TranSystems will prepare: 1. Location maps including electronic aerial maps 2. CADD files and topography database 3. Existing and projected hourly and daily traffic volumes 4. Letters of support C. Meet with City prior to submitting funding applications to discuss scope,participating agencies, costs, application requirements and schedule. D. Provide follow-up coordination with City and funding agencies to respond to comments during the selection process. Exhibit A-iii • V ,(pFE�ci City of Elgin Agenda Item No. r WI ►'' June 9,2006 ' l- ,�,. _ TO: Mayor and Members of the City Council i/), City Gnrrrruunt FROM: Olufemi Folarin, City Manager John Loete, Public Works Dire or SUBJECT: Engineering Service Agreement with TransSystems Corporation for the Grant Writer Program PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with IOW information to consider the approval of an agreement with TransSystems Corporation to provide consulting services for the Grant Writer Program RECOMMENDATION It is recommended that the City Council approve the agreement with TransSystems Corporation for the Grant Writer Program. BACKGROUND At the direction of the City Manager, the Public Works Department released a Request for Proposals (RFP) on March 24, 2006, for consulting services to apply for grants from various agencies for projects in the approved, five year capital plan. The basis of compensation for these services is not to be monetary, but rather the award of the agreement to design and bid the project receiving the grant. Firms were advised that they could submit a sealed Part B (fee package)with their proposal if they felt the City's proposed arrangement needed to be modified. Seven firms were invited to propose on the program. Five firms submitted proposals including Bonestroo and Associates, McDonough Associates, URS Corporation, TransSystem Corporation and Baxter and Woodman, Inc. A staff selection committee evaluation of the five proposals was conducted which resulted in TransSystems Corporation being selected as the top-rated firm. A copy of the results of the selection process is attached as Exhibit A. None of the five proposals included a Part B that required additional compensation. An agreement outlining the method of compensation of assigning TransSystems Corporation to design and bid the project for which they get the grant was negotiated and is attached as Exhibit ■ dilik Agreement with TransSytems Corporation for the Grant Writer Program June 9, 2006 Page 2 B. The agreement requires that TransSystems Corporation must work with staff to select grant eligible projects and any grant application which requires matching funds from the City must be approved by City Council before submittal. Inherit with a successful grant application would be awarding the design and inspection contract to TransSystems Corporation. That agreement is recommended for approval. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None Oki FINANCIAL IMPACT Should TransSystems Corporation be successful in obtaining a grant, they would be awarded the contract to design, bid and inspect the project. The project design services will be outlined in a separate engineering services agreement using the City's standard format. Fees for the work would be negotiated as part of that agreement and the agreement will require Council approval as a separate action. LEGAL IMPACT 'W The proposed agreement is being reviewed by the Leg al Department. ALTERNATIVES 1. Approve the agreement with TransSystems as recommended. 2. Do not approve the agreement and direct staff on how to proceed. Respectfully submitted for Council consideration. JL Attachments ..... EXHIBIT A ... Selection Results RANKING SCORE SHEET GRANT WRITER PROGRAM CONSULTANTS Trans Baxter& SELECTION TEAM Systems Woodman Bonestroo URS McDonough R3j%�L';f?y...'£!uf"'.r:.p -2r'N 3#F.'�`L .12iY:!-[fFd- root r,w4,44 e -?5z t'£'_ ms 14,44A 4, �..eir_.er e...—ta. ,.t..cx.sah.w..c ../.Da*sswxz. _..vim. ._,c.:a_v.. Rater 1 1 4 3 2 5 aswa ac.. _- z "AS a.ss?.rrFr»c �var rzxso,+?+x-rF+au.C,*aaeL as,?2a*- rt rl..aa3f. .t-..>,....a... ...ay....n.x,... ...s__,u ....su.+a...v ev.r:.aw=,a...�.is.....wa:r-...ays..e.......,:v<.�.-:am..t-v....vr.�......»:�...�»....,._> Rater 2 1 3 4 2 5 = • }:-.4;,:; a?' "R.—i s� ,«4'r. — ._.<..v.......u- Rater 3 1 2 3 4 5 4. 3'.3 :[ _ G53 tc Y ,nt t -" "` .N k YH ".,.: Rater 4 1 2 4 3 5 • �rs....,......r.aL.M..,,�::.�..a..x.rxvtx Rater 5 1 4 2 3 5 TOTAL SCORE 5 15 16 14 25 OVERALL RANK First Third Fourth Second Fifth Notes: Assign Scores based on the following formula: (1 -first, 2 -second, 3 -third, 4-forth, 5 -fifth) Low Total Score Indicates Top Ranked Firm • JA C IONS LIFI AT RATING SHEET 4/21/2006 ANT WRITER PROGRAM TransSystems Baxter and Woodman Bonestroo ALUATION FACTORS WEIGHT Rater 1 Rater 2 Rater 3 Rater 4 Rater 5 Rater 1 Rater 2 Rater 3 Rater 4 Rater 5 Rater 1 Rater 2 Rater 3 Rater 4 Rater 5 10'1 t► ,}xf i i '''111 3 '�igz r ;x 2,, ,1; a is , 1}; )jest Manager Qualifications 0-25 23 20 25 20 23 20 18 20 20 20 15 23 r p Y- Y}} [ i �{Y� 3." A t 3 } p{ } ; ( C 1 i ;�i lY t .., 7 b x'z ) '�.,P, 7{ y 71 S.{ � �f ' tQ 1 '�i G4f 1�{t�� ' \k�t�;;•'I�If� E 1,1;�1{ } i� �� f Y j�:.'-'4 ) 1...' F 1 �i. 7 �,i ,N. �t��I S�t 1.+:�,'_�:�,:. it )ject Team Qualifications 0-25 23 20 25 20 � 20 19 20 20 20 20 20 23 m Experience } } y !f 3 Ft.i^ 0-15 13 15 15 15 X11 Will� 10 12 15 12 `,11‘,,1 «, 1 } i�s a *, ti ,� 1 1 tl+ z t 3 1-5 ope of Services Proposed 0-25 21 25 25 16 20 20 20 20 20 20 20 23 } y� } l fi ij» 1�,...1}! +� {jy�y 1F 1.;'�= Y i -�,� i+ It{ y K 3 ; i rsw i-i rx, .� I t f '.i {�' .3 Y miliarity With Conditions 0-10 10 9 9 10 8 10 10 10 10 9 1 6 8 6 5 8 1:^z�'' ,t.z�#.e 3sr�t�xt t� �C 34. A41'4-114' ri et,�ih SS 3��. I�'? 1TALS 100 90 89 99 90 94 81 83 80 85 83 82 77 78 75 89 u URS McDonou•h ALUATION FACTORS WEIGHT Rater 1 Rater 2 Rater 3 Rater 4 Rater 5 Rater 1 Rater 2 Rater 3 Rater 4 Rater 5 °V i 7i1 >,!l a �rf 7�� }�� 3 3h , ..„ !`Y1W _.A 9}!F� �C:'f n°3�y'. '" ,1 ' ",�E�S 7 � ' :7 Q tr _ )ject Manager Qualifications 0-25 23 19 04601!,4'01 23 19 qv 15 15 ::i � ..�,r�' �� s;i `} �' '� � 'r::st �9�3.:.k i� z` t.Ir)ject Team Qualifications 0-25 20 20 20 20 22 20 12 20 20 3 1 t i tiP ry + +�� A $� � � f� _� t�'� h � �� f i�tY �st �� ,1 � q,i m Experience 0-15 13 14 13 13 10 10 15 12 }I} 1 C S t ,� 7 i 00110'}a Y {f Y. ..j 31� s� �d a i��s � � E� kt {$� `w} t� t{'Ef a�': r+ Sn��3f ��¢t.� ope of Services Proposed 0-25 17 21 18 15 19 16 10 10 19 miliarity With Conditions 0-10 10 10gg 9 6.a3'luf 9 l.;. 6 8 ..+z .�}.r5 6 {4 a!s)k 14 d$.4 fill'f ! 1TALS 100 83 85 71 76 84 80 72 51 65 72 EXHIBIT B Engineering Services Agreement May 4, 2006 Mr. John M. Loete, P.E. Director of Public Works Elgin Public Works Department 1900 Holmes Road Elgin, IL 60123 Re: Letter Agreement for Grant Writer Program—Capital Improvement Projects Dear Mr. Loete: TranSystems Corporation is pleased to submit this proposal to provide professional engineering services for the City of Elgin on the above referenced Project. This letter details the services TranSystems proposes to perform for the City of Elgin in connection with the Project, the compensation at which TranSystems proposes to perform these services,the schedule for completing these services and the assumptions upon which TranSystems has based this ,to.., proposal.If the proposal outlined in this letter is acceptable to the City of Elgin,TranSystems would request that the City of Elgin indicate its acceptance of this proposal by executing this letter agreement in the space provided below. SCOPE OF SERVICES In connection with the above referenced Project,TranSystems shall perform for the City of Elgin the following described Services: See Exhibit A— Scope of Services SCHEDULE TranSystems anticipates that the Services outlined in Exhibit A will be performed within a two-year timeframe following the City of Elgin's acceptance of this proposal. Letter Revised January 7,2005 1 jaw COMPENSATION As compensation for the performance of the described Services,TranSystems will be selected by the City of Elgin to perform the planning,design,and construction engineering services(compensation to be negotiated as part of a separate contract)for any project for which outside funding is secured as a result of our grant writing services. ASSUMPTIONS This proposal and TranSystems' agreement to perform the Services is based upon,and subject to,the following assumptions, which were developed during our discussions with the City of Elgin: The City of Elgin will provide basic background information for the projects for which outside funding is being sought through the various grant programs. Such information would include: • Aerial Data • Mapping • Traffic Counts • Pavement Condition Analysis 44"6k • Utility information • Accident Data/Reports • Floodplain/wetland inventory • Environmental resources information The proposal outlined in this Letter is valid for [120] days. We sincerely appreciate the opportunity to work with the City of Elgin on this Project. If you concur with the proposal outlined in this Letter of Agreement, please execute the enclosed extra copy and return it to TranSystems. Unless otherwise instructed by the City in writing at the time you return the executed copy of this Letter Agreement, TranSystems will consider the executed Letter Agreement as our notice to proceed. Please let us know if you have any questions or need any further information. Very truly yours, TranSystems Corporation By: Brian L. Fairwood Assistant Vice-President oak Letter Revised January 7,2005 2 ACCEPTANCE The City of Elgin hereby accepts the proposal outlined above and does hereby engage TranSystems to perform the Services described in Exhibit A, on the terms and conditions set forth in the forgoing Letter Agreement. The City of Elgin accepts and agrees to the terms and conditions of the foregoing Letter Agreement. City of Elgin By: Printed Name: Title: Date: Aggik Letter Revised January 7,2005 3 Exhibit A - Scope of Services —. City of Elgin Grant Writer Program - Capital Improvement Projects Scope of Engineering Services We offer the following detailed scope of grant administration consultant services based on our understanding of the RFP,the pre-proposal meeting with City staff,and our recent experience on similar services. 1. Program Coordination A. Work with the City to compile a list of infrastructure projects within the City's Capital Improvement Program on which to submit application. The list will also include projects not yet funded. B. Review the following list of funding sources and other funding sources, as identified, to identify funding opportunities on specific projects. Funding Source Funding Type Submit To FHWA Surface Transportation Program(STP) KCCOM SAFETEA-LU Auk FHWA Transportation Control Measures (TCM) KCCOM SAFETEA-LU FHWA Congestion Mitigation &Air Quality(CMAQ) CATS SAFETEA-LU FHWA Transportation Enhancement Program (TEP) IDOT SAFETEA-LU FHWA Highway Bridge Rehabilitation & Replacement IDOT SAFETEA-LU Program (HBRRP) FHWA Highway Safety Improvement Program IDOT SAFETEA-LU IDNR Bikeway IDNR IDOT Illinois Tomorrow Corridor Planning Grant CATS Program IDOT Economic Development Access and DOT Interchange Improvements DOT Operation Green Light Transit Access (OGL) IDOT Exhibit A-i T?4M ISYSTEMS CLY?PO/?AT/ON • • • Exhibit A — Scope of Services Adpok— City of Elgin Grant Writer Program - Capital Improvement Projects C. Review the following list of funding sources and other funding sources, as identified by the Parks and Recreation Department, to identify funding opportunities on specific projects. • 21st Century Community Learning Center Program • Arthur B. Schultz Foundation • Artstour- Illinois Arts Council • Baseball Tomorrow • Boat Access - IDNR • Boating Infrastructure-IDNR • Clean Vessel- IDNR • Conservation 2000 Eco System- IDNR • Conservation 2000 Sustainable Agriculture Grant Program • Doris Duke Charitable Foundation • Eastman Kodak American Greenways Awards • Environmental Education Grants - US Environmental Protection Agency • Freedom Gardens • Illinois Clean Energy Community Foundation Grants • Illinois Clean Lakes - IDNR • Illinois Schoolyard Habitat Action Grant- IDNR • Illinois Wildlife Preservation Fund- IDNR oriak • Laird Norton Endowment Foundation • Land&Water Conservation Fund • Local Government Snowmobile • National 4-H Council - 2003 Healthy Lifestyles Grant • National 4-H Council - 2003 Feeding the Hungry Grant • National 4-H Council -Youth in Action/Community Tree Planting Grant • National Gardening Assoc. Youth Garden Grant • National Tree Trust • Northeastern Illinois Wetlands Conservation Account • Off Highway Recreation Trails • Open Land Trust • Open Space Lands Acquisition Trust • Outreach& Education Components - Ill. Dept. of Agriculture • Partners for Fish and Wildlife • Priority Lake and Watershed Implementation Program: - IEPA • Public Museum Capitol Grants • Public Museum Operating Grants • Recreation Trails Program • Rothman Family Foundation • Section 1135 Project Modifications for the Improvement of the Environment —4016. • Section 206 Aquatic Ecosystem Restoration • Short Term Artists Residency(S.T.A.R) - Illinois Arts Council • Small Projects Fund–IDNR • Sustainable Development Challenge & Small Grant Programs for Communities • Wildlife Conservation- IDNR Exhibit A-ii T? fSVS7 ��?PUl2AT/�N 119.E • • Exhibit A - Scope of Services ., City of Elgin Grant Writer Program - Capital Improvement Projects D. Prepare an annual funding chart and overall funding chart for funding opportunities available to the City. E. Meet with the City to present the funding charts. Based on comments received, a follow-up meeting will be held to discuss the final Funding Management Assistance Packet. F. Provide on-call consultation with the City to attend meetings or make presentations on funding-related issues. 2. Funding Application Preparation A. Prepare new funding applications and submit to funding agencies. B. The City will provide the Consultant with the following information needed for the applications that TranSystems will prepare: 1. Location maps including electronic aerial maps 2. CADD files and topography database 3. Existing and projected hourly and daily traffic volumes 4010. 4. Letters of support C. Meet with City prior to submitting funding applications to discuss scope,participating agencies, costs, application requirements and schedule. D. Provide follow-up coordination with City and funding agencies to respond to comments during the selection process. Exhibit A-iii Te !$YSTEMS CCX2P0l2AT/O/V ,F