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HomeMy WebLinkAbout12-160Resolution No. 12 -160 RESOLUTION AUTHORIZING EXECUTION OF SIXTH AMENDMENT AGREEMENT WITH TRANSYSTEMS CORPORATION (Central Business District Street Resurfacing and Streetscape Program) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute sixth amendment agreement with TranSystems Corporation on behalf of the City of Elgin for supplemental construction engineering services for the 2012 roadway and streetscape improvements in connection with the Central Business District Street Resurfacing and Streetscape Program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 14, 2012 Adopted: November 14, 2012 Omnibus Vote: Yeas: 6 Nays: Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk SIXTH AMENDMENT AGREEMENT This Amendment Agreement No. 6 is hereby made and entered into this 14th day of November , 2012, by and between the City of Elgin, an Illinois municipal corporation (hereinafter referred to as the "City ") and TranSystems Corporation, a Missouri corporation (hereinafter referred to as "Engineer "). WHEREAS, the parties hereto have previously entered into an agreement dated March 22, 2006 (hereinafter referred to as the "Original Agreement'); and WHEREAS, the parties have previously entered into five amendments amending the Original Agreement pursuant to a First Amendment Agreement dated February 28, 2007, a Second Amendment Agreement dated February 27, 2008, a Third Amendment Agreement dated April 29, 2009, a Fourth Amendment Agreement dated May 12, 2010, and a Fifth Amendment Agreement dated March 7, 2012 (such Original Agreement as amended by the five prior amendment agreements is hereinafter collectively referred to as the "Subject Agreement'); and WHEREAS, the Original Agreement provided for a maximum payment of $543,948.28; Amendment Agreement No. 1 provided for a maximum payment of $1,324,248.91; Amendment Agreement No. 2 provided for a maximum payment of $2,346,802.88; Amendment Agreement No. 3 provided for a maximum payment of $3,376,777.48; Amendment Agreement No. 4 provided for a maximum payment of $3,790,524.94; Amendment Agreement No. 5 provided for a maximum payment of $4,381,324.94; and WHEREAS, the parties hereto have each determined it to be in their best interest to further amend the Subject Agreement as hereinafter set forth; and WHEREAS, the City has determined that the proposed scope of the Project should be further modified to include supplemental construction engineering services for the 2012 roadway and streetscape improvements, for the overall Central Business District Street Resurfacing and Streetscape Program; and WHEREAS, the City has determined that the total maximum payment for the additional services described in this Sixth Amendment Agreement shall be in the amount of $353,850.04; and WHEREAS, the changes in performance contemplated by this amendment are germane to the Original Agreement as signed and this Amendment Agreement is in the best interests of City and is authorized by law. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. Section I(B) of the Subject Agreement is hereby further amended by adding the following additional text to the end thereof which reads as follows: "ENGINEER shall also perform the additional services for the PROJECT to include construction engineering services for the 2012 roadway and Streetscape improvements ". 2. Section I(C) of the Subject Agreement is hereby further amended by adding the following additional text to the end thereof which reads as follows: "A detailed Scope of Services for the additional services provided by this Sixth Amendment Agreement is attached hereto as Attachment G ". 3. Section IV(A) of the Subject Agreement is hereby further amended to read "For services provided by the ENGINEER as described in the Original Agreement, the First Amendment Agreement, the Second Amendment Agreement, the Third Amendment Agreement, the Fourth Amendment Agreement, the Fifth Amendment Agreement and the Sixth Amendment Agreement, ENGINEER shall be reimbursed at the rate of 2.9 times the direct hourly rate of personnel employed on this PROJECT as set forth in Attachment G 1 of the Sixth Amendment Agreement, with the total fee not to exceed $4,735,174.98 regardless of the actual time expended or actual costs incurred by the ENGINEER unless substantial modifications to the Scope of Work are authorized in writing by the DIRECTOR. 4. Section IV(B) of the Subject Agreement is hereby further amended to read: "For outside services provided by other firms or subconsultants, the City shall pay the ENGINEER the invoiced fee to the ENGINEER, plus N /A. Any such invoiced fees to ENGINEER shall be included with and constructed as part of the above - referenced amount of $4,735,174.98." 5. Section IV(B) of the Subject Agreement is hereby further amended to read: "A cost estimate of consultant services for the additional services provided by the Sixth Amendment Agreement is attached hereto as Attachment G1. Such consultant services fees shall be included with and construed as part of the above - referenced "not -to- exceed" amount of $4,735,174.98." 6. Except as amended by this Sixth Amendment Agreement, Original Agreement as amended by First Amendment Agreement as Amended by Second Amendment Agreement as Amended by Third Amendment Agreement as Amended by the Fourth Amendment Agreement as Amended by the Fifth Amendment Agreement between the parties hereto shall remain in full force and effect. IN WITNESS WHEREOF the parties have entered into and executed this Sixth Amendment Agreement on the date and year first written above. CITY OF ELGIN Attest: City Clerk TRANSYSTEMS CCOORPORATION By —YQ# Todd S. Bright Vice - President Attest: Brian L. Fai d Vice - President F: Public_ WorkAEngineermgCapital ProjectACBn ConstructiodEngineerm6phase ffranSystems Sixth Amendment Agreement.doc -2- Scope of Services — Amendment No. 6 CBD Street Resurfacing and Streetscape Program SCOPE OF ENGINEERING SERVICES The scope of work includes construction management/administration for the Phase 5 Streetscape. Also included in this scope are additional design elements, such as Dexter Court, which were not included in previous amendments. Phase 5 of the Elgin CBD Improvements include: Spring Street between Division Street and Kimball Street and Dexter Avenue between Douglas Avenue and Center Street. Additionally included areas of oversight are: construction of the streetscape along the west side of S. Grove Street near Prairie Street, mast arm signage for Phase 1 through Phase 5, restriping of Phase 1 through Phase 2, additional landscaping quantities for Phase 1 through Phase 4 (as necessary), placement of a surface treatment for the hot -mix asphalt in the previous phases, and retrofitting of LED luminaires on light poles in Phase 1 (if the alternate bid is accepted). A. Construction Inspection Services — 2012 Streetscape and Roadway Contracts TranSystems and Geo Services, Inc. will provide the resident engineer, inspectors, and other technical personnel necessary to observe, monitor, and document the contractors progress on the project from the start of field operations to final completion. Pre - Construction a. Video record and document the existing site conditions. b. Attend the pre - construction meeting. 2 Liaison and Contract Control a. Act as the City's representative with duties, responsibilities and limitations of authority as assigned in the construction contract documents, and advise and confer with City officials during construction and issue the City's authorized instructions to the contractor. b. Assist the contractor in understanding the intent of the construction contract documents. Serve as the City's liaison with other local agencies such as businesses, City's on -site representative, etc. c. Coordinate with utility companies and developers to ensure an orderly progression of work and ensure completion of any required facility relocations. 3. Public Outreach and Coordination a. Assign a dedicated public liaison to provide residents, tenants, and property owners with a single, knowledgeable, and authoritative point of contact for concerns, comments, and questions. b. Maintain an office in the CBD area to assist in the above coordination effort. Plans, photos, documents, and exhibits shall be available for public viewing. It is expected that this office will be in the same location as the engineer's field office. c. Continue to maintain the project web site and disseminate relevant information to the public through this means. d. Prepare and distribute project newsletters and /or letters to the affected properties notifying them of construction operations, staging or traffic modifications, interruptions in water or sewer service, and other pertinent information. e. Monitor public opinion and report any issues requiring attention to the City staff. f. Conduct a series of informational meetings with area residents and business owners during construction, as well as the Downtown Neighborhood Association to present the preferred improvement plans. Although the concept developed in 2006 will be used, it is anticipated that an effort to reach out 1 Attachment "G" Scope of Services — Amendment No. 6 CBD Street Resurfacing and Streetscape Program to those specifically impacted by the 2012 project will be necessary. These meetings will be smaller than those conducted during the development of the concept plan. (estimated as 2 small meetings) g. Prepare all notifications, handouts, presentation text, exhibits, and minutes for the above meetings. Exhibits may include plots, photos, hand or computer renderings, drawings, or schematic plans as specific conditions warrant. 4. On -Site Review of Work a. Conduct continuous and full -time on -site observations of the work in progress to determine that the project proceeds in accordance with the construction contract documents and that completed work will conform to the requirements of the construction contract documents. b. Instruct Contractor to correct any work believed to be unsatisfactory, faulty or defective, not conforming to the requirements of the construction contract documents, or does not meet the requirements of any inspections, tests, or approval required to be made and report same to the City; and advise City of action taken or if any special testing or inspection will be required. c. Verify that tests are conducted as required by the construction contract documents and in the presence of the required personnel, and that contractors maintain and submit adequate records thereof; observe, record, and report to the City appropriate details relative to the test procedures. d. Perform all required field tests such as concrete tests and soil compaction tests and ensure such tests are conducted as specified. Analyze the results of all field and laboratory tests to determine the suitability compliance with the requirements of the construction contract documents. e. Accompany visiting inspectors representing public or other agencies having jurisdiction over the project, record the outcome of these inspections and report to the City. f. Assist the contractor with interpretation of the drawings and specifications. g. Prepare and submit detailed daily reports of construction progress. h. Monitor the contractors project traffic control for compliance with the contract documents as well as safety and impacts to vehicles and pedestrians. 5. Contractor Suggestions and Requests a. Consider and evaluate suggestions and requests for modifications in drawings and specifications which may be submitted by the contractor and make recommendations to the City with any time or cost implications for final decision. 6. Shoo Drawings a. Develop shop drawing submittal requirements and assist contractor in development of submittal schedules. Review and monitor compliance with submittal schedules. b. Review and approve shop drawings and samples, the results of tests and inspections and other data which any contractor is required to submit, but only for conformance with the design concept of the project and compliance with the information given in the construction contract documents. Such review shall not be construed as relieving the contractor of the responsibility to meet requirements of the construction contract documents. Determine the acceptability of substitute materials and equipment proposed by the contractor; and receive and review (for general content as required by the specifications) maintenance and operating instructions, guarantees, bonds and certificates of inspection which are to be assembled by the contractor(s) in accordance with the construction contract documents. c. Record and maintain a shop drawing submittal and approval log and notify the contractor whenever submittals are lacking or untimely. 2 Attachment "G "'' I -, Scope of Services — Amendment No. 6 CBD street Resurfacing and Streetscape Program Schedules a. Prepare a final construction schedule with the participation of the contractor and obtain the contractor's approval of the construction schedule. A schedule of shop drawing submissions, and schedule of values shall also be prepared by the contractor and approved by the engineer. b. Work with the contractor to maintain a workable updated Primavera style construction schedule that is maintained and monitored weekly as construction progresses as required by the construction contract documents. Report progress and schedule deviations and corrective measures proposed by the contractor to the City. 8. Job Meetings a. Conduct weekly progress meetings with all parties as required by the construction contract documents to review construction progress, design interpretations and overall progress. Prepare, maintain, and circulate copies of minutes thereof. Arrange a schedule of on -site job work meetings with the general contractor and subcontractors to review day -to -day operations. b. Attend public informational meetings that may occur from time to time during the construction phase. 9. Contract Administration and Records a. Handle all day - today contract administration and associated correspondence. Maintain at the job site orderly files for correspondence, reports of job conferences, shop drawings, and samples submissions, reproductions of original construction contract documents including all addenda, change orders, field orders, additional drawings issued subsequent to the execution of the construction contract documents, progress reports, and other project related documents. 10. Reports a. Furnish written reports to the City on a biweekly basis of progress of the work and the contractor's compliance with the approved progress schedule and schedule of shop drawing submissions. 11. Contractor Pay Requests and Change Orders a. Review the contractor's requests for payments as construction work progresses, and advise the City of the amounts due and payable to the contractor in accordance with the terms of the construction contract documents. b. Obtain the proper waivers, both partial and final, required by contract for the City's progress and final payment to the Contractor. b. Perform evaluation of proposed construction contract change orders and submit recommendation for approval or denial to the City. Prepare construction contract change orders when authorized by the City. 12. Government Policies a. Review the contractor's compliance with governmental mandated programs. Compliance with OSHA requirements and general safety provisions will be reviewed by an independent safety officer retained by the contractor as part of the construction work. The safety officer will visit the job site periodically and will submit written reports to the City, contractor, and engineer. 3 Attachment "G' Scope of Services — Amendment No. 6 CBD Street Resurfacing and Streetscape Program 13. Final Completion and Record Drawings a. Prepare record drawings which show field measured dimensions of the completed construction work which the engineers consider significant and provide the City with one set of reproducible record drawings and all equipment operation and maintenance manuals within ninety (90) days of the project completion. b. Conduct a final inspection of the project with the City and the contractor, and prepare and give to the contractor a final punch list. Issue an opinion of satisfactory completion for acceptance of the project by the City to process the contractor's final request for payment. c. Conduct a final "lessons learned" meeting with design engineering and City staff to discuss project procedures and items for potential improvement in future projects. The goal of this meefing shall be to have continuous improvement in procedures and property ownentenant disruption over the course of the multi-year project. d. Prepare a summary of quantities and final cost of construction based on approved contract unit prices and final measurements and calculations of the work performed under this construction contract. e. Prepare final Change Order documents for City to present to City Council, along with back up documentation mentioned above. B. Streetscape Roadway, and Water Main Additional Improvements Design Services —2012 proiect Field Survey a. Conduct a supplemental drainage and utilities survey to determine the contents, structure composition (brick or precast), pipe sizing, and flow direction (as applicable) for all public underground utility structures not previously obtained in Phases 3, 4 and as -built structure information from Phase 5. b. Downloaded supplemental drainage survey (including survey obtained for Phases 1 and 2) in Microstation v8. Plotted survey at 1"=20' scale. 2. Documents a. Prepare base map of all existing drainage and utility structures in the CBD. b. Prepare a map of the sidewalk vaults remaining after the CBD work has been completed. 4 Attachment "G" ;EV���i;'.I Iii�� d U L O Z _o E c $ E W o C b r � 0 � U U B S O 0 N N a t d d C t0 Y O IL x O E O U O ca Z Q1 � a 000ae°oo�iz000000 0 I� Q7 V M O O O O O O O O N f0 O � o � J O Z Q e � o CC! N O) -r ri c-i �'i od of of ao �v qwo � d W N Y'J N O N V N N f� N OQ �IJ V N O N? V N fV fp F U o °o W K m r N O 00 00 0 � to vi vi c6 �ti o 0 o r of v trpv O 06 O U W N O O O rn .J V' V C N V R c0'J W J N aD a0 6� Oi eD W C$ O r 1-� m c6 O A N N N 10 N V KJ N N N r n V N T V N J OIlz O> V V N V V W u7 N M D7 O J M M <O M O N t0 OJ t'J fD GI (O V; N O d' V 1� V C j (O O O r V O7 N M d � N Z Q W ? v o d rn t0 m a J .UU o m 3 >in y m c T F E ~ 5 K o m m Q w u o Z c 'G 9 0 v U N o o d (6 O C O L 11 d O O_ J O. O U (n co N M q N Q Q Q Q Q Q Q Q Q Q Q Q Q O] m ( )§ A I ! | \ \,155 g ) ! } ) !& j \ ; : � m . 553 §5 33!« } 8 )6 «! «!) : +«g!)$ °$ \ % :! \!, / ® ®!!e °`!` "`2« ,!° ;!!k //3)3!}/)066wi ; / / ! ! 2> i {,� ( /F § f f& 2 / !f& ,{!1...ZO #142;0 §0§l22m 22, 2 t �!8F? � r- - -7 #« la !22.... ! )[ « ! !■ § !_ & § � =5 |f � !■ 2 S 5§! j ){& ^ §§ §\§k § §leEEE&! &!§ 2 l Elgin CBD Street Resurfacing and Streetscape Program City of Elgin Attachment "Gt" Direct Cost Summary TranSystems A -1 Pre - Construction Company Vehicle $ 45.00 /day $ 8,595 1 day @ $ 45.00 Iday, $ 45 Vehicle 100 miles @ $ 0.55 /mile $ 55 Photocopies (11 "x17" reduced size plans) $ 20.00 /package $ - 97 sheets @ 5 copies @ $ 0.25 /sheet $ 121 Photocopies (22 "64" full size plans) 97 sheets @ 2 copies @ $ 1.35 /sheet $ 262 95 sheets @ 1 copy @ SUBTOTAL $ 483 A -2 Liaison and Contract Control SUBTOTAL $ 950 Company Vehicle 7 days @ $ 45.00 /day $ 315 SUBTOTAL $ 315 A3 Public Outreach and Coordination Company Vehicle 1 days @ $ 45.00 /day $ 45 Vehicle 150 miles @ $ 0.55 /mile $ 83 Photocopies (8.5 "x11" handouts) 250 sheets @ 10 versions @ $ 0.12 /sheet $ 300 SUBTOTAL $ 428 A -4 On -Site Review of Work Company Vehicle 191 days@ $ 45.00 /day $ 8,595 SUBTOTAL $ 6,595 A -6 Shoo Drawinas Overnight Shipping 0 packages @ $ 20.00 /package $ - SUBTOTAL $ - A -13 Final Completion and Record Drawings Mylar Reproductions 95 sheets @ 1 copy @ $ 10.00 /sheet $ 950 SUBTOTAL $ 950 Elgin CBD Street Resurfacing and Streetscape Program City of Elgin Attachment "G1" Direct Cost Summary TranSystems B-1 Field Survey Company Vehicle 4 days @ $ 45.00 /day $ 180 SUBTOTAL $ 180 B-2 Documents Vehicle 5 miles @ $ 0.55 /mile $ 3 Photocopies (11 "W" reduced size plans) 8 sheets @ 12 copies @ $ 0.25 /sheet $ 24 Photocopies (22 "x34' full size plans) 8 sheets @ 50 copies @ $ 1.35 /sheet $ 540 Overnight Shipping 1 packages @ $ 25.00 /package $ 25 SUBTOTAL $ 592 TOTAL $ 11,543 Geo SenvIces, Inc. Gent erhnical. 6rvironmental and Gvil Engineering u, nie! MI TranSystems Corporation 1475 East Woodfield Road, Suite 600 Schaumburg, IL 60173 -5440 Attention: Ms. Shelley Costello Re! Construction Inspection /M aterial Testing Services CBD Streetscapes 2012 — QA Testing City of Elgin, Illinois Dear Ms. Costello: September 19, 2012 Proposal No. 12674 Geo Services (a MBE/ DBE union signatory engineering firm) is pleased to submit our proposal for Construction Observation /Material Testing Services for the above project. It is our understanding that our duties for the proposed project will consist of various construction material tests for compliance with project specifications at phase V 2012 CBD Streetscapes in City of Elgin, Illinois. The project includes site reconstruction along Spring ave. and Dexter Ave. According to documents given by TranSystems consisted on 2 different types of sections. Resurfacing • Dexter Ave. — • From Douglas to Spring • Spring Ave. • From Division to Dexter • From Dexter to Symphony • Reconstruction. o Dexter Ave. • From Spring to Center o Spring Ave. • From Symphony to Kimball available as of this date, the project will be We will provide an experienced field technician on an as requested basis during the construction of the proposed work. Our services would include: • Subgrade soil proof roll observations • Compaction testing of aggregate for sub -base • Concrete sampling and testing for air content, slump and temperature and concrete specimen pick up for strength testing by compressive and flexural test methods performed at GSI's laboratory • Bituminous asphalt in -place density testing We have estimated 6 days for concrete tests, 2 days for HMA tests and 3 days for density tests. 805 Amherst Court, Suite 204 0 Naperville, IL 60565 -3448 ♦ Phone (630) 305 -9166 ♦ Fax (630) 355 -2838 www.geoservicesinc.net GEO SERVICES, INC. TranSystems Corporation CONSTRUCTION MATERIALS TESTING SERVICES 2012 CBD STREETSCAPES PROPOSAL NUMBER 12674 Elgin, Illinois Also, we have considered 3 sample pick -ups (2 days cylinders and 1 day cores pickups). No aggregates (CA06) proctor value test has been included in this proposal. Geo Services, Inc. requires 24 -h our notification for scheduling fieldwork. All laboratory testing will be performed at our Arlington Heights laboratory located at 1235 East Davis, Arlington Heights, Illinois, 60005. Our Arlington Heights laboratory meets the requirements of AASHTO AMRL accreditation for Quality Systems, Soil, Aggregate, Hot -Mix Asphalt and Portland Cement Concrete and is approved by IDOT. We propose to provide the above services on a unit price basis according to the attached Cost Estimate of Consultant Services and we recommend a project budget of $10,666.00. As per client request, an alternative cost estimate has been added include two days of HMA work with a project budget of $2,212.50. For part-time work, the minimum time charge is 3 -hours per day and charges are portal to portal from Arlington Heights office. Overtime (1.5 X normal rate) will be charged for work over S hour per day and Saturdays work. Labor rates provided in this proposal are based on the current union collective bargaining agreement and applicable Prevailing Wage rates. All work will be performed in accordance with Geo Services, Inc. attached Terms and Conditions. If there are any questions regarding the information submitted herein, please do not hesitate to contact us. Very truly yours, Geo Services, Inc. Mark R. Vormittag Antonio Devia Project Coordinator Project Engineer enc. ACCEPTED FOR TRANSYSTEMS CORP. m DATE 19 SEPTEMBER 12 GEO SERVICES, INC. Tran$y5tems Corporation CONSTRUCTION MATERIALS TESTING SERVICES 2012 CBD STREETSCAPES PROPOSAL NUMBER 12674 Elgin, Illinois ITEM 1: EARTHWORK Ouantoy Unt R•e Total Motedel Tests,1 Senlw Engineering Teobnielsn: 'criermwookelland aUbgm4edensi ty.sobb3sedensiy:e51lnspeo0nn. 11960,00 Esdmaled TOtalflaors: 1.0 HOUrs 5135DO 5 13500 NudearDmaiy Gauge 3.00ays 1 or, llp 40 briMay 4.0 Hovra IITrr'.0 5105 o0 $ 3 dem al 6,0 brSMay 130 Hors Rs:.blwae [afeky) 200.00 1 men 1.0 briMay 1 3 Ho. l,:mo, el Poject Engineer 2,6 Ho4m 111000 S 22.0 Hours pnedi ll Engineer he. Ouantoy Unt R•e Total Motedel Tests,1 220 Haurs $ 30.00 5 11960,00 Mabdal TaYS, it (Oar4.•ne) 1.0 HOUrs 5135DO 5 13500 NudearDmaiy Gauge 3.00ays $ 5500 S ifi6.00 MNSarre DenxlynelcOOmM1ip (GLdAbJ Pmuo.) oO Tests 5105 o0 $ - Tap Charge. leal. mileage. thick changes not manpower M1rs. rementers) 40 Tmcks 5 5000 $ 200.00 mmirllso.h.c eaafaant '.D Hmos S 6000 5 60.00 Poject Engineer 2,6 Ho4m 111000 S 275.00 pnedi ll Engineer C,2b Hoax S 170.00 5 4250 6rlMVelk Testing EStleco ed Taal: $ 2,657.50 ITEM M CONCRETE Semor Englrleming T- acalan. PrI.- encrete lestlno, CNindmr Piol Estimabd TOIaiHOW sx • ass ,:� 5.0 M1nday 300 Halite (Coa-le Teekl • Jays ;a 2.0 bralday 0.0 Homo (Omni..) 30.0 Hours kern Cush Unit Re TPbI Matenal Tal er-ll 30.0 Hours S 00.00 5 2,700.00 Material Tester 11 Oaaran e) 00 Hours 5135.00 S C)tindm Pick Ups 20 Days S16000 S 32000 COnemm Cpmpfessi.. Tesla,per cy nder 240 CNiodem S 16.00 S 45600 Tan Charge Ond. nriott,.,NSk MaeOes not manpata,rhrs. for level zonal, 60 Trucks $ 5000 S 300.00 sannmsbatea Aasistanl 20 Haurs $ 6000 S 120.00 Pmjed Engineer 3.5 Haurs S 110.00 $ 385.00 Principal Engineer 0.25 He- $ 170,00 S 42. SO Projeq Engineer Concrete Tacoma Estimated Total; $ 4.323.50 ITEM 3: ASPHALT Senior Engineering Technician: Perform subbase density lest lnspedon, Monett eling Estimated Tatal Haurs: 2 do,gj BO briMay 16.0 Haurs fats"; Dm,o' TOSI) O days A 2.0 h.May 00 Haaam (O .Ira) 16,0 Hours Item Cimino, Unit Pee Total Material Teelef0 16.0 Hours $ 9000 5 1p40.00 Materiel Tester 11(OSeNme) 4,eas 6135,00 S - NudearDen6lyGeog° 20 Dori $ SE00 S 110,00 Came Denaiy:eet 300"msls $ 40.00 6 1,200 Cotes Pick it's 10 Dan 6160=D S 15000 Tit, CllargeInd mileage 1,,a r.,hs not artmnm, hl traaei late) 2.0 Tmcki $ 50.00 $ 100.00 "'onme.. kre.1.11 La H." 5 50,00 5 0000 Projeq Engineer 3D Haurs S 110.W S 33D.00 Pnaaal Engineer CS Haurs 6170.0 5 55.00 Asphaft RMA) Testing Estimated Total: S 3.85.00 TOTAL ESTIMATED COST: $ 10,066.00 L Fal:ek leatinpw POe DNeJ p%tUllo pe:Ulfcana lr=maur Arll:ptar lRyMU OI!icewli:ne mc::uge Ut>LCUn. 2. Ni re9lsat IYnI nl lvali:paax.mv be acneauk2a O=urs v aavance.3nn: naY a=0ea»I:p myneFls rrcV be cvI{ecr In h :My auceaunrn.a.ae. 3. Qn:I1Lm nnnmv iy me Chnl wads arvtli= »J al 1 vx alx ^daN!ala. rsrwa %I: by ^ryml epM Ik) nmesW »y, sawmays ane x Ox n-a n WadNays. aM fea,net iWrawYOe cA be aP =nr =.^.uval.lne 0f-1 :ry uuMa %e a.' -! Irex.Pw6 of 1a 'a-1 - t121:ea +a. r(vaal Pay::eu Ivrev =kes wY be Uoc wi0ur 15 Goya M:ecMq ai nc=•<m, n.a:n. wet iw aJJea of vale al 1- t121 Irr :aAl: a( J=6yrlanry. S Raansal eFlbnfeF enJ vanal yuolalions wll r=m%Y:'vaif Ion Ca Jeys. el w Fl;,h fife Ply my f:e nu`ipcl b Nange ur wiLErawal h taWrni be vn.a.OeJ a110r'I a »Ia¢ M IM1a I.:ru el Iera:cNgl Jar eervecs. Any atlJAbnNwoe[w P err PerlNf2a a:l%I¢ ePnrolMare r:n; vhem.n: nr Uouay ra:»a iWealad en Uic ewl eelin+l=:✓ Ftrv::ex. 19 SEPTEMBER 12 GEO SERVICES, INC. Transystems Corporation CONSTRUCTION MATERIALS TESTING SERVICES 2012 CBD STREETSCAPES PROPOSAL NUMBER 12674 Elgin, Illinois Asphalt(HMA) Testing Estimated Total: $ 2,212.50 TOTAL ESTIMATED COST: $ 2,212.50 Notes 1. Allfie<1 testing will be billed portal to portalto and fromour Arlbgton Heights office w An a rdnnum charge of 3 hours. 2. We request that all testing services be scheduled 24 hours in advance Sane day scheduling requests nay be subject to twenty percent surcharge. 3. Oven me approved by the Client w N be invoiced at 15x standard rate for w ork beyond eight (8) hourslday, Saturdays and 2.Ox Sundays and Holidays.. 4. Services and fees not listed w ill be quoted upon request, The above prices Include up to four (3) copies of the report distributed as requested. Payment for invoices w ti be due w Whir 15 days of receipt of invoice. Interest w ill be added at a rate of 1 -112% per month of delinquency. 5, Proposal esthetes and verbal quotations w ill remain vain for 60 days, at w hkh time they may be subject to change or w Whdraw al. 6. Labor w if be changed at their rates is the lime of rendering our services. Any additional ork w Y be performed at the appropriate unit charges or hourly rates indicated on the cost estimate of services. 19 SEPTEMBER 12 HMA Alternative Cost Estimate ITEM 1: ASPHALT Senior Engineering Technician: Perform subbase density test inspection, ASphalitesting Estimated Total Hours: 2 days Q 8.0 hrs /day 16.0 Hours (ASphab Density Testing) 1 days @ 10 his/day _ 1.0 Hours (Overtime) 16.0 Hours Item Quantity Unit Fee Total Material Tester ll 16.0 Hours $ 90.00 $ 1,440.00 Material Tester 11 (Overtime) 10 Hours $ 135.00 $ 13500 Nuclear Density Gauge 2,0 Days $ 55.00 $ 110.00 Cores Density Test 00 Tests $ 40.00 $ - Trip Charge (incl, mileage, truck charges not manpower hrs. for travel time) 2.0 Trucks $ 50.00 $ 100.00 Administrative Assistant 0.5 Hours $ 60.00 $ 30.00 Project Engineer 2.0 Hours $110.00 $ 220.00 Principal Engineer 0,25 Hours $ 170.00 $ 42.50 Asphalt(HMA) Testing Estimated Total: $ 2,212.50 TOTAL ESTIMATED COST: $ 2,212.50 Notes 1. Allfie<1 testing will be billed portal to portalto and fromour Arlbgton Heights office w An a rdnnum charge of 3 hours. 2. We request that all testing services be scheduled 24 hours in advance Sane day scheduling requests nay be subject to twenty percent surcharge. 3. Oven me approved by the Client w N be invoiced at 15x standard rate for w ork beyond eight (8) hourslday, Saturdays and 2.Ox Sundays and Holidays.. 4. Services and fees not listed w ill be quoted upon request, The above prices Include up to four (3) copies of the report distributed as requested. Payment for invoices w ti be due w Whir 15 days of receipt of invoice. Interest w ill be added at a rate of 1 -112% per month of delinquency. 5, Proposal esthetes and verbal quotations w ill remain vain for 60 days, at w hkh time they may be subject to change or w Whdraw al. 6. Labor w if be changed at their rates is the lime of rendering our services. Any additional ork w Y be performed at the appropriate unit charges or hourly rates indicated on the cost estimate of services. 19 SEPTEMBER 12 GEO SERVICES, INC. TranSyslems Corporation CONSTRUCTION MATERIALS TESTING SERVICES 2012 CBD STREETSCAPES PROPOSAL NUMBER 12674 Elgin, Illinois GENERAL CONDITIONS SECTION 1: SCOPE OF WORK: Geo Services, Inc. (GSI) shall perform the services defined in the Agreement and shall invoice the client for those services according to the rates and unit charges indicated in the Agreement. Any cost estimates stated in this Agreement shall not be Considered as a firm figure unless otherwise specifically stated in this contract. If unexpected site conditions are discovered, the scope of work may change even as the work is in progress. GSI will provide these additional services at the agreed upon rates and unit charges. Rates for work beyond the scope of this Agreement and not Covered in the Agreement can be provided. GSI can perform additional work with prior authorization, and will provide confirmation of fees. All costs incurred because of delays in authorizing the additional work will be billed to the client. Fee schedules are valid for one year following the date of the Agreement unless otherwise noted. Initiation of services by GSI pursuant to this proposal will incorporate these terms and conditions. SECTION 2: ACCESS TO SITES, PERMITS AND APPROVALS: Unless otherwise agreed, the client will furnish GSI with right -of- access to the site in order to perform the work. While GSI will take all reasonable precautions to minimize any damage to the property, it is understood by the client that in the normal course of work some damage may occur, the restoration of which is not part of this agreement. Unless otherwise agreed, the client will secure all necessary approvals, permits, licenses and Consents necessary to the performance of the services hereunder. SECTION 3: SOIL BORING AND TEST LOCATIONS: The accuracy and proximity of provided survey control will affect the accuracy of in -situ test location and elevation determinations. Unless otherwise noted, the accuracy of test locations and elevations will Commensurate only with pacing and approximate measurements or estimates. If greater accuracy is required, the services of a professional surveyor should be obtained. The client will furnish GSI with a diagram indicating the location of the site. Boring and test locations may also be indicated on the diagram. GSI reserves the right to deviate a reasonable distance from the boring and test locations unless this right is specifically revoked by the client in writing at the time the diagram is supplied. GSI reserves the right to terminate this Agreement if Conditions preventing drilling at the specified locations are encountered which were not made known to GSI prior to the date of this Contract. SECTION 4: UTILITIES: In the performance of its work, GSI will take all reasonable precautions to avoid damage or injury to subterranean structures or utilities. The client agrees to hold GSI harmless and indemnify GSI for any claims, payments or other liability, including costs and attorney fees, incurred by GSI for any damages to subterranean structures or utilities which are not called to GSI's attention and Correctly shown on the plans furnished to GSI. SECTION 5: UNANTICIPATED HAZARDOUS MATERIALS: It shall be the duty of the owner, the client, or their representative to advise GSI of any known or suspected hazardous substances which are or may be related to the services provided; such hazardous substances include but are not limited to products, materials, by- products, wastes or samples of the foregoing which GSI may be provided or obtain while performing its services or which hazardous substances exist or may exist on or near any premises upon which work is to be performed by GSI employees, agents or subcontractors. SECTION 6: DISPOSAL OF HAZARDOUS MATERIALS: GSI does not create. generate or at any time own or take possession or ownership of or arrange for transport, disposal or treatment of hazardous materials as a result of its exploration services. All hazardous materials, including but not limited to samples, drilling fluids, decontamination fluids, development fluids, soil cuttings and tailings, and used disposable protective gear and equipment, are the property of the client. and responsibility for proper transportation and disposal is the client's unless prior contractual arrangements am made. All laboratory and field equipment that cannot readily and adequately be cleansed of its hazardous contaminants shall become the property and responsibility of the client. The client shall purchase all such equipment and it shall be turned over to the client for proper disposal unless prior alternate Contractual arrangements are made. SECTION 7: REPORTS AND INVOICES: GSI will furnish three copies of the report to the client. The client will be billed for any additional copies requested. GSI will submit invoices to the client monthly and a final bill upon completion of services. Payment is due upon presentation of invoice and is past due thirty (30) days from the invoice date. Client agrees to pay a finance charge of one and one -half percent (1 -112 %) per month, but not exceeding the maximum rate allowed by law, on past due accounts. Client also agrees to pay all costs and expenses, including reasonable attorney fees incurred by GSI relating to Collection procedures on overdue accounts. Failure of client to abide by the provisions of this section will be considered ground for termination of this agreement by GSI. SECTION 8: OWNERSHIP OF DOCUMENTS: All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates, and other documents prepared by GSI as instruments of service, shall remain the property of GSI unless there are other Contractual agreements. SECTION 9: CONFIDENTIALITY: GSI shall hold confidential all business or technical information obtained from the client or his affiliates or generated in the performance of services under this agreement and identified in writing by the client as "confidential ". GSI shall not disclose such information without the client's consent except to the extent required for: 1) Performance of services under this agreement; 2) Compliance with professional or ethical standards of conduct for preservation of public safety, health, and 19 SEPTEMBER 12 GEO SERVICES, INC. TranSystems Corporation CONSTRUCTION MATERIALS TESTING SERVICES 2012 COD STREETSCAPES PROPOSAL NUMBER 12674 Elgin, Illinois welfare; 3) Compliance with any court order or other governmental directive and /or; 4) Protection of GSI against claims or (:abilities arising from performance of services under this agreement. GSI's obligation hereunder shall not apply to information in the public domain or lawfully acquired on a non - confidential basis from others. SECTION 10: STANDARD OF CARE: Services performed by GSI under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. No other warranty, expressed or implied, is made or intended by the proposal for consulting services or by furnishing oral or written reports of the findings made. The client recognizes that subsurface Condit ons may vary from those encountered at the location where borings, surveys, tests or explorations are made by GSI and that the data, interpretations and recommendations of GSI are based solely upon the data available to GSI. GSI will be responsible for those data, interpretations and recommendations, but shall not be responsible for the interpretations by others of the information developed. SECTION 11: SAFETY: GSI has adopted safety policy procedures for its personnel when providing services at known or suspected hazardous waste sites. GSI personnel will adhere to these procedures, as site conditions require. GSI is not responsible or liable for injuries or damage incurred by third parties who are not employees of GSI. It is understood that GSI will not be responsible for job or site safety of the project. Job and site safety will be the sole responsibility of the contractor unless contracted to others. SECTION 12: SUBPOENAS: The client is responsible, after notification, for payment of time charges and expenses resulting from the required response by GSI to subpoenas issued by any party other than GSI in conjunction with work performed under this contract. Charges are based on fee schedules in effect at the time the subpoena is served. SECTION 13: LIMITATION OF LIABILITY: The client agrees to limit GSI's liability to the owner, all Construction contractors and subcontractors on the project and any third party arising from GSI's professional acts, errors or omissions, or omissions or breach of Agreement or other cause of action, such that the total aggregate liability of GSI to all those named shall not exceed $10,000 or GSI's total fee for the services rendered on this project. whichever is greater, and client hereby releases GSI from any liability above such amount. The client further agrees to require of the contractor and his subcontractors an identical limitation of GSI's liability for damages suffered by the Contractor cribs subcontractor arising from GSI's performance of services. Neither the contractor nor any of his subcontractors assumes any liability for damages to others, which may arise on account of GSI's professional acts, errors or omissions. SECTION 14: INSURANCE: GSI carries worker's compensation and employer's liability insurance and has coverage under public liability and property damage insurance policies. Certificates for all such policies of insurance will be provided to client upon request. Within the limits and conditions of such insurance, GSI agrees to indemnify and save client harmless from and against any loss, damage, injury or liability arising from any negligent acts of GSI, its employees, agents, subcontractors and their employees and agents. GSI shall not be responsible for any loss, damage or liability beyond the amounts, limits and conditions of such insurance. GSI shall not be responsible for any loss, damage or liability arising from any acts by a client, its agents, staff consultants employed by others, or other third parties who are not employees of GSI. SECTION 16: INDEMNITY: The client acknowledges that GSI has neither created nor contributed to the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous substances or conditions at the site. Accordingly, except as expressly provided in this Contract, the Client waives any claim against GSI and agrees to indemnify and save GSI, its agents, and employees harmless from any claim, liability or defense cost, including but not limited to attorney fees and other incidental costs, for injury or loss sustained by any party from such exposures allegedly arising out of or related to GSI's performance of services hereunder. Client and GSI agree that they will not be liable to each other, under any circumstances, for special, consequential or punitive damages arising out of or related to this Contract. SECTION 16: SAMPLES: GSI will retain all soil and rock samples that are transported to GSI laboratories for 30 days after submission of the report. Further storage or transfer of samples can be made at client expense upon written request. SECTION 17: SEVERABILITY: if any of the provisions Contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be Impaired. SECTION 18: TERMINATION: This Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. In the event of termination, GSI shall be paid for services performed to the termination notice date plus reasonable termination expenses. Expenses of termination or suspension shall include all direct costs of GSI required to Complete analyses and records necessary to complete its files and may also include a report on the services performed to the date of notice of termination or suspension. SECTION 19: PRECEDENCE: These General Conditions shall take precedence over any inconsistent or contradictory provisions Contained in any proposal, contract, purchase order, requisition, notice to proceed, or like document regarding GSI's services. 19 SEPTEMBER 12 REPORT TO MAYOR & MEMBERS OF CITY COUNCIL AGENDA ITEM: D MEETING DATE: October 24, 2012 �i ELGIN THE CITY IN THE SUBURBS" ITEM: Amendment No. 6 to Engineering Services Agreement with Transystems, Inc. for the 2012 CBD Streetscape Project ($353,850) OBJECTIVE: Improve, maintain and enhance the streetscape and pavement infrastructure of Spring Street between Kimball Street and Division and Dexter Street between Douglas and Center Street. RECOMMENDATION: Approve Amendment No. 6 to the existing Engineering Services Agreement with Transystems, Inc. to provide design for streetscape construction administration for watermain in the amount of $353,850. BACKGROUND In 2006, the city initiated the Central Business District (CBD) streetscape project by entering in- to an engineering services agreement with Transystems, Inc. to develop a master plan. Since the initial agreement, five amendments have been approved to provide design, inspection and conconstruction administration for the different phases of the streetscape and the infrastruc- ture aspects of each phase. To date, with the direction of Transystems, Inc., the city has com- pleted four streetscape and five water main phases. Amendment No. 6 attached as Attachment A will provide construction administration for the fifth and final phase of the streetscape. The majority of work by Transystem, Inc. in 2012 and 2013 will focus on street improvements on Spring Street between Kimball and Division and on Dexter Street between Douglas and Center. However, several smaller areas of concern will have construction administration provided for by Transystems, Inc. These areas will include: new LED lights in the original CBD Streetscape phase; a portion of sidewalk near the former Crocker site previously excluded due to potential development; redesign of the City Hall sign and other touch ups at Dexter Court not considered previously; maintenance in original phases of the streetscape; repairs of planters damaged by vehicles; one way and street name signage en- hancements in the previous phases and several minor miscellaneous issues. J r► OPERATIONAL ANALYSIS The attached amendment will provide the city with the project oversight that is essential to successfully completing the rehabiltiation of sanitary and storm sewers and the construction of new streetscape pavements. The product the city will strive for is the same as that found along the various CBD streets where streetscape work has been completed. A well designed and constructed streetscape project will enhance the business atmosphere, encourage retail visits and alleviate the typical maintenance effort provided by Public Works for street repair, sidewalk and curb repairs, utility maintenance and other relative issues for years to come. The streetscape projects have been well received by the general public and are creat- ing a renewed interest in the image of the city's downtown area. The scheduled timing for this project contemplates the contractor starting this season on Spring Street with underground work and possibly some surface improvements with the intent to complete the bulk of the project next summer. Unless the construction favorable weather pre- vails, the project will be shut down for the winter just before Thanksgiving and will begin again at the end of March 2013. The shutdown will include improvements to make sidewalks and streets safe and fully accessible. The project will be fully completed by August 16, 2013. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS Amendment No. 6 will total $353,850. The total amount of the original agreement and all amendments is $4,735,175. In addition to construction administration costs, construction ex- penditures estimated at $3,016,030 will be incurred. The total cost of the fifth and final phase of the streetscape project is estimated at $3,369,880. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT # AMOUNT BUDGETED AMOUNT AVAILABLE Central Area TIF 262- 0000 - 791.92 -32 262000 $4,140,000 $1,123,970 LEGAL IMPACT None. J r► 2 ALTERNATIVES The city council may choose not to authorize the Amendment No. 6 with Transystems. NEXT STEPS 1. Execute Amendment No. 6. 2. Update the purchase order with Transystems, Inc. 3. Begin engineering efforts to construct streetscape for phase five. Originators: Joseph Evers, P.E., City Engineer Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel /Chief Development Officer Richard G. Kozal, Assistant City Manager /Chief Operating Officer Sean R. Stegall, City Manager ATTACHMENTS A. Amendment No. 6 Agreement A