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HomeMy WebLinkAbout13-172 Resolution No. 13-172 RESOLUTION AUTHORIZING EXECUTION OF AN ILLINOIS DEPARTMENT OF TRANSPORTATION CONSTRUCTION ENGINEERING SERVICES AGREEMENT WITH TRANSYSTEMS FOR PHASE III CONSTRUCTION ENGINEERING SERVICES IN CONNECTION WITH THE ELGIN BIKEWAY ROUTE 1 NE QUADRANT PROJECT (Douglas Avenue/Kimball Street to Congdon Avenue/Indian Drive) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Illinois Department of Transportation Construction Engineering Services Agreement on behalf of the City of Elgin with TranSystems for Phase III construction engineering services in connection with the Elgin Bikeway Route 1 NE Quadrant Project, Douglas Avenue/Kimball Street to Congdon Avenue/Indian Avenue, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: October 9, 2013 Adopted: October 9, 2013 Vote: Yeas: 6 Nays: 3 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk Local Agency Consultant City of Elgin L 11bl06 Depatmeld TranSystems p &of Transportatlon C County C p Address Kane A N 1475 E. Woodfield Road Suite 600 Section L S City Schaumburg Project No. A Construction Engineering � State Services Agreement IL Job No. E For A Zip Code C-91-304-09 Federal Participation Contact Name/Phone/E-mail Address N N Contact Name/Phone/E-mail Address Ron Rudd, (847) 931-6081 C T Brian L. Fairwood, (847)407-5280 rudd_r @cityofelgin.org Y blfairwood @transystems.com THIS AGREEMENT is made and entered into this 9th day of October , 2013 between the above Local Agency(LA)and Consultant(ENGINEER)and covers certain professional engineering services in connection with the PROJECT described herein. Federal-aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of Transportation(STATE)will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS. WHEREVER IN THIS AGREEMENT or attached exhibits the following terms are used,they shall be interpreted to mean: Regional Engineer Deputy Director Division of Highways, Regional Engineer, Department of Transportation Resident Construction Supervisor Authorized representative of the LA in immediate charge of the engineering details of the PROJECT In Responsible Charge A full time LA employee authorized to administer inherently governmental PROJECT activities Contractor Company or Companies to which the construction contract was awarded Project Description Name Elgin Bikeway Route 1 NE Route Off-System Length 2.4miles Structure No. N/A Termini Douglas Avenue/Kimball Street to Congdon Avenue/Indian Drive Description: Construction Engineering services for the construction of a new bikeway route in the Northeast Quadrant of the City of Elgin. Agreement Provisions I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance of the engineering services for the LA, in connection with the PROJECT hereinbefore described and checked below: ® a. Proportion concrete according to applicable STATE Bureau of Materials and Physical Research (BMPR)Quality Control/Quality Assurance(QC/QA)training documents or contract requirements and obtain samples and perform testing as noted below. ® b. Proportion hot mix asphalt according to applicable STATE BMPR QC/QA training documents and obtain samples and perform testing as noted below. ® c. For soils,to obtain samples and perform testing as noted below. ® d. For aggregates,to obtain samples and perform testing as noted below. NOTE: For 1 a.through 1d. the ENGINEER is to obtain samples for testing according to the STATE BMPR"Project Procedures Guide", or as indicated in the specifications, or as attached herein by the LA; test according to the STATE BMPR"Manual of Test Procedures for Materials submit STATE BMPR inspection reports; and verify compliance with contract specifications. Page 1 of 8 BLR 05611 (Rev.01/10/12) Printed on 9/11/2013 12:36:54 PM ® e. Inspection of all materials when inspection is not provided at the sources by the STATE BMPR,and submit inspection reports to the LA and the STATE in accordance with the STATE BMPR"Project Procedures Guide"and the policies of the STATE. ® f. For Quality Assurance services, provide personnel who have completed the appropriate STATE BMPR QC/QA trained technician classes. ® g. Inspect,document and inform the LA employee In Responsible Charge of the adequacy of the establishment and maintenance of the traffic control. ❑ h. Geometric control including all construction staking and construction layouts. ® i. Quality control of the construction work in progress and the enforcement of the contract provisions in accordance with the STATE Construction Manual. ® j. Measurement and computation of pay items. ® k. Maintain a daily record of the contractor's activities throughout construction including sufficient information to permit verification of the nature and cost of changes in plans and authorized extra work. ® 1. Preparation and submission to the LA by the required form and number of copies, all partial and final payment estimates, change orders, records, documentation and reports required by the LA and the STATE. ® m.- Revision of contract drawings to reflect as built conditions. ® n. Act as resident construction supervisor and coordinate with the LA employee In Responsible Charge. 2. Engineering services shall include all equipment, instruments,supplies,transportation and personnel required to perform the duties of the ENGINEER in connection with the AGREEMENT. 3. To fumish the services as required herein within twenty-four hours of notification by the LA employee In Responsible Charge. 4. To attend meetings and visit the site of the work at any reasonable time when requested to do so by representatives of the LA or STATE. 5. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without the written consent of the LA. The consent to sublet,assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. 6. The ENGINEER shall submit invoices, based on the ENGINEER's progress reports, to the LA employee In Responsible Charge, no more than once a month for partial payment on account for the ENGINEER's work completed to date. Such invoices shall represent the value,to the LA of the partially completed work, based on the sum of the actual costs incurred, plus a percentage (equal to the percentage of the construction engineering completed)of the fixed fee for the fully completed work. 7- That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable to improvement of the SECTION; and that the ENGINEER has sufficient property trained, organized and experienced personnel to perform the services enumerated herein. 8. That the ENGINEER shall be responsible for the accuracy of the ENGINEER's work and correction of any errors,omissions or ambiguities due to the ENGINEER'S negligence which may occur either during prosecution or after acceptance by the LA. Should any damage to persons or property result from the ENGINEER's error, omission or negligent act, the ENGINEER shall indemnify the LA,the STATE and their employees from all accrued claims or liability and assume all restitution and repair costs arising from such negligence. The ENGINEER shall give immediate attention to any remedial changes so there will be minimal delay to the contractor and prepare such data as necessary to effectuate corrections, in consultation with and without further compensation from the LA. 9. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes,and local laws or ordinances of the LA. 10. The undersigned certifies neither the ENGINEER nor I have: a) employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person(other than a bona fide employee working solely for me or the above ENGINEER)to solicit or secure this AGREEMENT; Page 2 of 8 BLR 05611 (Rev.01/10/12) Printed on 9/11/2013 12:36:54 PM i b) agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c) paid,or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above ENGINEER)any fee, contribution,donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT. d) are not presently debarred, suspended, proposed for debarment,declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; e) have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local)transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; f) are not presently indicted for or otherwise criminally or civilly charged by a government entity(Federal, State or local)with commission of any of the offenses enumerated in paragraph(e)of this certification;and g) have not within a three-year period preceding this AGREEMENT had one or more public transactions(Federal,State or local) terminated for cause or default. 11. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA. 12. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 13. To submit BLR 05613, Engineering Payment Report,to the STATE upon completion of the work called for in the AGREEMENT. 14. To be prequalified with the STATE in Construction Inspection when the ENGINEER or the ENGINEER's assigned staff is named as resident construction supervisor. The onsite resident construction supervisor shall have a valid Documentation of Contract Quantities certification. 15. Will provide, as required,project inspectors that have a valid Documentation of Contract Quantities certification. IL THE LA AGREES, 1. To furnish a full time LA employee to be In Responsible Charge authorized to administer inherently governmental PROJECT activities. 2. To furnish the necessary plans and specifications. 3. To notify the ENGINEER at least 24 hours in advance of the need for personnel or services. 4. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the following compensation formulas: Cost Plus Fixed Fee Formulas ® FF= 14.5%[DL+ R(DL)+OH(DL)+IHDC], or ❑ FF= 14.5%[(2.3+ R)DL+IHDC] Where: DL= Direct Labor IHDC= In House Direct Costs OH=Consultant Firm's Actual Overhead Factor R=Complexity Factor FF=Fixed Fee SBO=Services by Others Total Compensation= DL+IHDC+OH+FF+SBO Specific Rate ❑ (Pay per element) Lump Sum ❑ Page 3 of 8 BLR 05611 (Rev.01/10/12) Printed on 9/11/2013 12:36:54 PM 5. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409: ❑ With Retainage a) For the first 50%of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to 90%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50%of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA,monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to 95%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and the STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. ® Without Retainage a) For progressive payments—Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 6. The recipient shall not discriminate on the basis on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT- assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C. 3801 et seq.). 7. To submit approved form BC 775(Exhibit C)and BC 776(Exhibit D)with this AGREEMENT. III. It is Mutually Agreed, 1. That the ENGINEER and the ENGINEER's subcontractors will maintain all books,documents,papers, accounting records and other evidence pertaining to cost incurred and to make such materials available at their respective offices at all reasonable times during the AGREEMENT period and for three years from the date of final payment under this AGREEMENT, for inspection by the STATE, Federal Highway Administration or any authorized representatives of the federal government and copies thereof shall be furnished if requested. 2. That all services are to be furnished as required by construction progress and as determined by the LA employee In Responsible Charge. The ENGINEER shall complete all services specified herein within a time considered reasonable to the LA, after the CONTRACTOR has completed the construction contract. 3. That all field notes,test records and reports shall be turned over to and become the property of the LA and that during the performance of the engineering services herein provided for,the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 4. That this AGREEMENT may be terminated by the LA upon written notice to the ENGINEER, at the ENGINEER's last known address,with the understanding that should the AGREEMENT be terminated by the LA,the ENGINEER shall be paid for any services completed and any services partially completed. The percentage of the total services which have been rendered by the ENGINEER shall be mutually agreed by the parties hereto. The fixed fee stipulated in numbered paragraph 4d of Section II shall be multiplied by this percentage and added to the ENGINEER's actual costs to obtain the earned value of work performed. All field notes, test records and reports completed or partially completed at the time of termination shall become the property of,and be delivered to,the LA. 5. That any differences between the ENGINEER and the LA concerning the interpretation of the provisions of this AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER,one member appointed by the LA, and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 6. That in the event the engineering and inspection services to be furnished and performed by the LA(including personnel furnished by the ENGINEER)shall, in the opinion of the STATE be incompetent or inadequate, the STATE shall have the right to supplement the engineering and inspection force or to replace the engineers or inspectors employed on such work at the expense of the LA. Page 4 of 8 BLR 05611 (Rev.01/10/12) Printed on 9/11/2013 12:36:54 PM 7. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the contractor's safety precautions, except as provided in numbered paragraph 1 f of Section I. 8. This certification is required by the Drug Free Workplace Act(301LCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments,termination of a contract or grant and debarment of contracting or grant opportunities with the State for at least one(1)year but no more than five(5)years. For the purpose of this certification, "grantee"or"contractor"means a corporation,partnership or other entity with twenty-five(25)or more employees at the time of issuing the grant, or a department,division or other unit thereof,directly responsible for the specific performance under a contract or grant of$5,000 or more from the State, as defined in the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution,dispensing,possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant,the employee will: (A) abide by the terms of the statement;and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5)days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the grantee's or contractor's policy of maintaining a drug free workplace; (3) any available drug counseling, rehabilitation and employee assistance program;and (4) the penalties that may be imposed upon an employee for drug violations. (c) Providing a copy of the statement required by subparagraph(a)to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the contracting or granting agency within ten(10)days after receiving notice under part(B)of paragraph (3)of subsection (a)above from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is convicted, as required by section S of the Drug Free Workplace Act. (f) Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is required and indicating that a trained referral team is in place. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 9. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT-assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination this AGREEMENT or such other remedy as the LA deems appropriate. Page 5 of 8 BLR 05611 (Rev.01/10/12) Printed on 9/11/2013 12:36:54 PM Agreement Summary Prime Consultant: TIN Number A reementAmount Trans stems 43-0839725 $51,093.13 Sub-Consultants: TIN Number Agreement Amount Geo Services, Inc. 36-4390972 $4,748.00 Sub Consultant Total: $4,748.00 Prime Consultant Total: $51,093.13 Total for all Work: $55,841.13 Executed by the LA: City of Elgin (Municipalitylrownship/County) i ATTEST: d�iwM�ph By: 9 By: City Clerk t Title: Mayor 0 (SEAL) Executed by the ENGINEER: TranSystems ATTEST: By �d By: ( < f Title: U���rOx�r°�-f Title: Ufa — �icSi�< cn Page 6 of 8 BLR 05611 (Rev.01/10/12) Printed on 9/11/2013 12:36:54 PM Exhibit A -Construction Engineering Route: Elgin Bikeway Route 1 Local _City of Elgin, Kane County 'Firm's approved rates on file with (Municipality/Township/County) Bureau of Accounting and Auditing: Section: 09-00175-00-BT Project: CMM-9003(233) Overhead Rate (OH) 149.77 % Job No.: C-91-304-09 Complexity Factor(R) 0.00 Calendar Days 120 Cost Plus Fixed Fee Methods of Compensation: Fixed Fee 1 ® 14.5%[DL+ R(DL) + OH(DL) + IHDC] Fixed Fee 2 ❑ 14.5%[(2.3 + R)DL + IHDC] Specific Rate ❑ Lump Sum ❑ Cost Estimate of Consultant's Services in Dollars Element of Work Employee Classification Services by In-House Man- Payroll Payroll Costs Overhead Fixed Fee Hours Rate (DL) (OH*DL) Others Direct Costs (FF) Total (SBO) (IHDC) Preconstruction various(see attached) 14.00 $50.91 $712.74 $1,067.47 $0.00 $0.00 $258.13 $2,038.34 Construction 400.00 $36.53 $14,612.00 $21,884.39 $4,748.00 $2,475.00 $5,650.85 $49,370.24 Post Construction 28.00 $47.61 $1,333.08 $1,996.55 $0.00 $0.00 $482.79 $3,812.42 Administration 4.00 $54.21 $216.84 $324.76 $0.00 $0.00 $78.53 $620.13 Totals 446.00 $16,874.66 $25,273.17 54,748.00 $2,475.00 $6,470.30 55 841.13 Page 7 of 8 BLR 05611 (Rev.01/10/12) Printed on 9/26/2013 2:27:42 PM DF-824-039 REV 12/04 AVERAGE HOURLY PROJECT RATES FIRM TranSystems PSB DATE 09/06/13 PRIME/SUPPLEMENT SHEET 1 OF 4 PAYROLL AVG TOTAL PROJECT RATES PRECONSTRUCTION Contract Documents Revii Project Site Inspection Meeting Job Setup HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Engineer 5 E5 70.00 0 Engineer 4 E4 66.95 0 Engineer 3 E3 54.21 130 29.15% 15.60 4 100.00% 54.21 2 50.00% 27.10 2 100.00% 54.21 4 100.00% 54.21 Engineer 2 E2 41.36 0 Engineer 1 E1 31.10 316 70.85% 22.03 2 50.00% 15.55 Surveyor 3 S3 33.89 0 Technician 2 T2 27.22 0 Technician 1 T1 20.94 0 Administrative 2 A2 29.71 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS 446 1 100% 1 $37.83 1 1 $0.00 4 I 100% $54.21 4 1 100% 1$42.651 2 100% $54.21 4 100% $54.21 PREPARED BY THE AGREEMENTS UNIT Printed 9/5/2013 4:39 PM DF-824-039 REV 12/04 AVERAGE HOURLY PROJECT RATES FIRM TranSystems PSB DATE 09/06/13 PRIME/SUPPLEMENT SHEET 2 OF 4 PAYROLL AVG CONSTRUCTION Construction Layout Construction Inspection Traffic Control Dally Documentation Pay Estimates HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Engineer 5 E5 70.00 Engineer 4 E4 66.95 Engineer 3 E3 54.21 12 100.00% 54.21 1 24 10.43% 5.66 10 100.00% 54.21 Engineer 2 E2 41.36 Engineer 1 E1 31.10 206 89.57% 27.85 50 100.00% 31.10 50 100.00% 31.10 Surveyor 3 S3 33.89 Technician 2 T2 27.22 Technician 1 T1 20.94 Administrative 2 A2 29.71 TOTALS 0 0% $0.00 1 12 1 100% $54.21 230 100% 1$33.511_50 1 100% $31.10 50 1 100% 1 $31.10_1 _10 100% 1$54.21 PREPARED BY THE AGREEMENTS UNIT Printed 9/5/2013 4:39 PM DF-824-039 REV 12/04 AVERAGE HOURLY PROJECT RATES FIRM TranSystems PSB DATE 09/06113 PRIM E/SUPPLEMEN7 SHEET 3 OF 4 PAYROLL AVG Weekly Documentation Contractor Coordination QC/QA of Materials POST CONSTRUCTION Final Documentation Record Drawings HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd CLASSIFICATION RATES Part. Av Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Engineer 5 E5 70.00 Engineer 4 E4 66.95 Engineer 3 E3 54.21 18 100.00% 54.21 10 100.00% 54.21 1 20 100.00% 54.21 20 100.00% 54.21 Engineer 2 E2 41.36 Engineer 1 E1 31.10 8 100.00% 31.10 Surveyor 3 S3 33.89 Technician 2 T2 27.22 Technician 1 T1 20.94 Administrative 2 A2 29.71 TOTALS 18 1 100% 1$54.211 10 1 100% 1$54.211 20 1 100% 1$54.21 0 0% $0.00 20 1 100% $54.21 8 100% $31.10 PREPARED BY THE AGREEMENTS UNIT Printed 9/5/2013 4:39 PM DF-824-039 REV 12/04 AVERAGE HOURLY PROJECT RATES FIRM TranSystems PSB DATE 09106113 PRIME/SUPPLEMEN1 SHEET 4 OF 4 PAYROLL AVG ADMINISTRATION AND MANA Quality Control and Assurance HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd CLASSIFICATION RATES Part. Avg Part. ' Avg Part. Avg Part. Avg Part. Avg Part. Avg Engineer 5 E5 70.00 Engineer 4 E4 66.95 Engineer 3 E3 54.21 4 100.00% 54.21 Engineer 2 E2 41.36 Engineer 1 E1 31.10 Surveyor 3 S3 33.89 Technician 2 T2 27.22 Technician 1 (Ti) 20.94 Administrative 2 A2 29.71 TOTALS 0 0% $0.00 1 4 1 100% . $54.21 0 0% $0.00 To 0% $0.00 0 0% 1 $0.00 1 0 0% $0.00 PREPARED BY THE AGREEMENTS UNIT Printed 9/5/2013 4:39 PM DETAILED SUMMARY OF DIRECT COSTS CONSULTANT: TranSystems ROUTE: PROJECT: Elgin Bikeway Route 1 SECTION: COUNTY: Kane JOB NO.: INHOUSE DIRECT COSTS TRAVEL 55 $ 45.00 per day $2,475.00 #of days x day rate Cost SURVEY SUPPLIES $0.00 PRINTING (breakdown in following manner: #of sets x#of prints/set x rate) Blueprints: $0.00 Reports: $0.00 OUTSIDE DIRECT COSTS PRINTING Mylars: $0.00 Reports: $0.00 Project Schedule CONSULTANT: TranSvstems ROUTE: PROJECT: Elgin Bikeway Route 1 SECTION: COUNTY: Kane JOB NO.: Date: September 5.2013 MONTH Jan-14 Feb-14 Mar-14 Apr-14 1 May-14 I Jun-14 I Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14 Jan-15 Apr-15 TOTAL % -":ESTIMATED CONTRACTOR'S SCHEDULE ;IT NO.OF WEEK DAYS 8 21 21 0 0 50 NO.OF WEEKEND DAYS 0 0 0 0 0 0 TOTAL DAYS 8 21 21 0 0 50 TOTAL HOURS(8 HOURS/DAY) 64 168 168 0 0 400 TASK(HOURS PER TASK) PRECO SiTRIJqTION Contract Documents Review 4 4 Project Site Inspection 4 4 Meeting 2 2 Job Setup 4 4 CONSTRUCTION. Construction Layout 4 4 4 12 Construction Inspection 34 98 98 230 Traffic Control a 21 21 50 Daily Documentation a 21 21 50 Pay Estimates 2 4 4 10 Weekly Documentation 2 8 8 18 Contractor Coordination 2 4 4 10 F55–ST–CONSTRUCTION– QC/QA of Mate-rials 20 7', Final Documentation 20 20 Record Drawm 8 8 ADMINI, _ATION AND MANAG EIVIENT­�7771-7 777` -- a ality Control and Assurance U t 2 1 4 Total Hours 0 0 0 79 170 169 28 0 0 0 0 0 0 0 0 0 446 Vehicle Days 0 0 0 8 21 21 5 0 0 0 0 0 0 0 0 0 55 Anticipated Schedule Letting January 17,2014 AS2, Contra Execution April 2,2014 Hour Contract Y Begin Construction April 21,2014 50 Working Day Contract Project Completion June 30,2014 Finalize Documentation July 30,2014 Geo Services; lnc. Geotechnical,Environmental and Civil Engineering M AME•DBE Fm August 15, 2013 TranSystems Corporation 1475 East Woodfield Road, Suite 600 Schaumburg, IL 60173-5440 Attention: Ms. Shelley Costello Proposal No. 13641 Re: Construction Inspection/Material Testing Services Elgin Bikeway, Route I —QA Testing Elgin, Illinois Dear Ms. Costello: Geo Services, Inc., (GSI) a certified, Union (Local 150), MBE/DBE Geotechnical/ Environmental/Materials Testing/Drilling firm, is pleased to submit this proposal for material testing services for Elgin Bike Path, Route I project in Elgin, Illinois. Services will include the following: 1. Portland Cement Concrete (PCC) Testing for Sidewalk, Curb and Gutter and Driveway 2. Hot Mix Asphalt (HMA) Testing 3. Documentation (Reports) We propose to provide Quality Assurance Material Testing Services on a unit price basis according to the attached Unit Rates of Consultant Services. GSI requires that field inspection requests be placed not later than 3:00 PM the day before the planned field activities by calling our materials Project Manager. GSI personnel will report to the job site a minimum of 15-minutes prior to scheduled start of work. For scheduling of technicians, our Project Manager, Kiran Adhikary should be contacted at the phone numbers, Office: (847) 253-3845 or Cell: (847) 749-8988. All contract correspondence should be directed to our corporate office at 805 Amherst Court Suite 204, Naperville, Illinois 60565, attention Julian Rueda, President, and phone (630) 305-9186. All fieldwork will be performed out of our Arlington Heights office. A Construction Materials Testing Cost Estimate of$4,748.00 has been estimated based on the information provided at the time this proposal was prepared and is attached. Note that this budget estimate is dependent on contractor productivity and efficiency in their work and may change based on Contractor productivity. If we foresee a change required in our budgeted estimate number, we will contact you to discuss budget implications for our work. Naperville 0 Phone(630)305-9186 0 Fax(630)355-2838-Arlington Heights 0 Phone(847)253-3845 0 Fax(847)253-0482 www.geoservicesinc.net Geo Services,Inc. GRAEF Materials Testing Services Elgin Bike Path,Route 1 Proposal No. 13641 City of Elgin,Illinois All work will be performed in accordance with the attached General Conditions. Labor rates provided in this proposal are based on current union collective bargaining agreement and applicable Prevailing Wage rates. Overtime (1.5 X normal rate) will be charged for work over 8 hour per day, 40 hours per week or weekend works. Charges for travel time will be charged portal to portal with a minimum charge per visit of 4-hours (including roundtrip travel). Any additional work will be performed at the unit charges or hourly rates indicated on the cost estimate of services. Geo Services, Inc. appreciates the opportunity of being of service to you on this project and look forward to hearing from you when work is ready to begin. If there are any questions regarding the information submitted herein, please do not hesitate to contact us. Very truly yours, GEO SERVICES, INC. Kiran Adhikary, P.E., LEED AP Andrew Ptak, P.E. Senior Project Engineer Office Manager enc. Accepted for TRANSYSTEMS CORP. By L i � Date 7 L2� August 15,2013 Page 2 of 6 Geo Services,Inc. GRAEF Materials Testing Services Elgin Bike Path,Route 1 Proposal No.13641 City of Elgin,Illinois GEO SERVICES, INC BUDGET ESTIMATE Testing and Inspection Services Elgin Bike Path City of Elgin,IL GSI Proposal No.: 13641 ITEM 1: STRUCTURAL CONCRETE TESTING Manpower Estimate: Based on an estimated of 2.5 work day in the field. Senior Engineering Technician: Perform concrete testing Estimated Total Hours: 2 days @ 8.0 hrs/day 16 Hours 1 days @ 4.0 hrs/day 4 Hours 0 days @ 0.0 hrs/day 0 Hours (Overtime) 20 Hours Item Quantity Unit Fee Total Senior Engineering Technician 20.0 Hours s 90.00 $ 1.800.00 Engineering Technician-Overtime 0.0 Hours S 135.00 $ - Concrete Compression Tests 12.0 Cylinders $ 19.00 $ 228.00 Trip Charge(incl.mileage,truck charges) 3.0 Each $ 50.00 $ 150.00 Cylinder Pick Up 3.0 Each $ 160.00 $ 480.00 Administrative Assistant 1.5 Hours $ 60.00 $ 90.00 Project Engineer 1.5 Hours $ 110.00 $ 165.00 Principal Engineer 0.5 Hours $ 170.00 $ 85.00 Concrete Testing Estimated Total: $ 2,998.00 ITEM 2: HOT MIX ASPHALT TESTING Manpower Estimate: Based on 1 work day in the field Engineering Technician: Perform field test on asphalt and documentation. Estimated Total Hours: 1 days @ 8.0 hrs/day 8 Hours 0 days @ 4.0 hrs/day 0 Hours 0 days @ 2.0 hrs/day 0 Hours (Overtime) 8 Hours Item Quanti Unit Fee Total Senior Engineering Technician 8.0 Hours $ 90.00 $ 720.00 Senior Engineering Technician-Overtime 0.0 Hours $ 135.00 $ - Trip Charge(incl.mileage,truck charges) 1.0 Each $ 50.00 $ 50.00 Nuclear Density Gauge 1.0 Day $ 60.00 $ 60.00 Maturity Meter Plug(each) 0.0 Each $ 8.00 $ - Core Pick Up 1.0 Each $ 160.00 $ 160.00 Asphalt Test on Split Sample(Reflux Extraction,d-Gyro,Max SG) 1.0 Each $ 590.00 $ 590.00 Administrative Assistant 1.0 Hours $ 60.00 $ 60.00 Project Engineer 1.0 Hours $ 110.00 $ 110.00 Principal Engineer 0.0 Hours $ 170.00 $ - Asphalt Testing Estimated Total: $ 1,750.00 TOTAL ESTIMATED COST: $ 4,748.00 1.AA field testing will be billed portal to portal to and from our Arington Heights office with a minimum charge of 4 hours. 2.We request that all testing services be scheduled 24 hours in advance.Same day scheduling requests may be subject to twenty percent surcharge. 3.Overtime approved by the Client will be invoiced at 1.5x standard rate for work beyond eight(8)hours/day.Saturdays and 2.0x Sundays and Holidays. 4.Services and fees not listed will be quoted upon request. The above prices include up to four(4)copies of the report distributed as requested.Payment for invoices will be due within 15 days of receipt of invoice.Interest will be added at a rate of 1-1/2% per month of delinquency. Proposal esfimates and verbal quotations will remain valid for 60 days,at which time they may be subject to change or withdrawal. 5.Labor will be changed at their rates at the time of rendering our services.Any additional work will be performed at the appropriate unit charges or hourly rates indicated on the cost estimate of services. August 15, 2013 Page 3 of 6 Geo Services,Inc. GRAEF Materials Testing Services Elgin Bike Path,Route 1 Proposal No.13641 City of 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. 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. 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. 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. Bodng 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 fight 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. 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 are 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 tumed 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. 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 welfare; 3) Compliance with any court order or other governmental directive and/or; 4) Protection of GSI against claims or liabilities arising from performance of services August 15,2013 Page 4 of 6 Geo Services,Inc. GRAEF Materials Testing Services Elgin Bike Path,Route 1 Proposal No.13641 City of Elgin,Illinois 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 conditions 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 forjob 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: 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 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 14: 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. 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 15: 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 16: 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 17: 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. 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 August 15,2013 Page 5 of 6 Exhibit B IMnois p t Engineering Payment Report of Trans'porWbon Prime Consultant Name TranSystems Address Schaumburg, IL Telephone (847) 605-9600 TIN Number 43-0839725 Project Information Local Agency City of Elgin Section Number 09-00175-00-BT Project Number CMM-9003(233) Job Number C-91-304-09 This form is to verify the amount paid to the Sub-consultant on the above captioned contract. Under penalty of law for perjury or falsification, the undersigned certifies that work was executed by the Sub-consultant for the amount listed below. Sub-Consultant Name TIN Number Actual Payment from Prime Geo Services, Inc. 36-4390972 Sub-Consultant Total: Prime Consultant Total: Total for all Work Completed: e and title of Prime Consultant Date Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as concurring with the payment amount specified above. Page 8 of 8 BLR 05613(Rev.01/10/12) Printed on 9/5/2013 4:39:14 PM ELGIN THE CITY IN THE SUBURBS- DATE: October 9, 2013 TO: Ron Rudd, Engineer FROM: Jennifer Quinton, Deputy City Clerk SUBJECT: Resolution No. 13-172, Adopted at the October 9, 2013, Council Meeting Enclosed you will find the agreement listed below. Please distribute this agreement to the other party and keep a copy for your records if you wish. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Illinois Department of Transportation Construction Engineering Services Agreement with TranSystems for Phase III Construction Engineering Services in Connection with the Elgin Bikeway Route 1 NE Quadrant Project (Douglas Avenue/Kimball Street to Congdon Avenue/Indian Drive)