Loading...
HomeMy WebLinkAbout09-186 v Resolution No. 09-186 RESOLUTION AUTHORIZING EXECUTION OF A PRELIMINARY ENGINEERING SERVICES AGREEMENT WITH TRANSYSTEMS CORPORATION FOR FEDERAL PARTICIPATION FOR THE ELGIN BIKEWAY MASTER PLAN ROUTE 1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Sean R. Stegall, City Manager, and Diane Robertson, City Clerk,be and are hereby authorized and directed to execute a preliminary engineering services agreement on behalf of the City of Elgin with TranSystems Corporation for federal participation for the Elgin Bikeway Master Plan Route 1, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: August 26, 2009 Adopted: August 26, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk Local Agency Consultant City of Elgin LO !Blois Department TranSystems County C 0 Address Kane A N 1051 Perimeter Dr., Suite 1025 Section L S City 09-00175-00-BT tJ Schaumburg Project No. A Preliminary Engineering L State CMM-9003(231) Services Agreement IL Job No. G For T Zip Code P-91-304-09 E Federal Participation A 60173 Contact Name/Phone/E-mail Address N N Contact Name/Phone/E-mail Address Omar Santos, 847-931-5973 C T Brian Fairwood, 847-407-5280 santos_o@cityofelgin.org Y blfairwood@transystems.com THIS AGREEMENT is made and entered into this ,.,26 +day of a , between the above Local Agency(LA)and Consultant(ENGINEER)and covers certain professiona engineering services in connection with the PROJECT. 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. Project Description Name Elgin Bikeway Master Plan Route 1 Route various Length 2.7 mile Structure No. Termini Kimball Street and Fox River Trail to Congdon Avenue Description Phase I engineering for new bike routes and lanes as part of City-wide bikeway system. Agreement Provisions I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance, in accordance with STATE approved design standards and policies, of engineering services for the LA for the proposed improvement herein described. 2. To attend any and all meetings and visit the site of the proposed improvement at any reasonable time when requested by representatives of the LA or STATE. 3. To complete the services herein described within 360 calendar days from the date of the Notice to Proceed from the LA, excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER. 4. The classifications of the employees used in the work should be consistent with the employee classifications and estimated man- hours shown in EXHIBIT A. If higher-salaried personnel of the firm, including the Principal Engineer, perform services that are indicated in Exhibit A to be performed by lesser-salaried personnel,the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 5. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable for the PROJECT;and that the ENGINEER has sufficient properly trained,organized and experienced personnel to perform the services enumerated herein. 6. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from the ENGINEER's errors,omissions or negligent acts without additional compensation. Acceptance of work by the STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or for clarification of any ambiguities. 7. That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the ENGINEER and will affix the ENGINEER's professional seal when such seal is required by law. Plans for structures to be built as a part of the improvement will be prepared under the supervision of a registered structural engineer and will affix structural engineer seal when such seal is required by law. It will be the ENGINEER's responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the STATE. 8. That the ENGINEER will comply with applicable federal statutes,state of Illinois statutes,and local laws or ordinances of the LA. Page 1 of 7 BLR 05610(Rev.9/06) Printed on 7/17/2009 10:38:19 AM 9. The undersigned certifies neither the ENGINEER nor I have: a. employed or retained for commission, percentage, brokerage,contingent fee or other considerations, any firm or person(other than a bona fide employee working solely for me or the above ENGINEER)to solicit or secure this AGREEMENT, b. agreed,as an express or implied condition for obtaining this AGREEMENT,to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or 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)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. 10. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA. 11. 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. 12. To submit BLR 05613, Engineering Payment Report,to the STATE upon completion of the project(Exhibit B). 13. Scope of Services to be provided by the ENGINEER: • Make such detailed surveys as are necessary for the planning and design of the PROJECT. ❑ Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and flood flow histories. ❑ Prepare applications for U.S.Army Corps of Engineers Permit, Illinois Department of Natural Resources Office of Water Resources Permit and Illinois Environmental Protection Agency Section 404 Water Quality Certification. ❑ Design and/or approve cofferdams and superstructure shop drawings. ❑ Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report,(including economic analysis of bridge or culvert types and high water effects on roadway overflows and bridge approaches). ® Prepare the necessary environmental and planning documents including the Project Development Report, Environmental Class of Action Determination or Environmental Assessment, State Clearinghouse, Substate Clearinghouse and all necessary environmental clearances. ❑ Make such soil surveys or subsurface investigations including borings and soil profiles as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations to be made in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE. ❑ Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation. ❑ Prepare preliminary roadway and drainage structure plans and meet with representatives of the LA and STATE at the site of the improvement for review of plans prior to the establishment of final vertical and horizontal alignment, location and size of drainage structures, and compliance with applicable design requirements and policies. ® Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. ❑ Complete the general and detailed plans,special provisions and estimate of cost. Contract plans shall be prepared in accordance with the guidelines contained in the Bureau of Local Roads and Streets manual. The special provisions and detailed estimate of cost shall be furnished in quadruplicate. ❑ Furnish the LA with survey and drafts in quadruplicate all necessary right-of-way dedications,construction easements and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. Page 2 of 7 BLR 05610(Rev.9/06) Printed on 7/17/2009 10:38:19 AM 'II. THE'LA AGREES, 1. To furnish the ENGINEER all presently available survey data and information 2. 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 ® CPFF= 14.5%[DL + R(DL)+OH(DL)+ IHDC],or ❑ CPFF= 14.5%[DL + R(DL)+ 1.4(DL)+IHDC],or ❑ CPFF= 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 Specific Rate ❑ (Pay per element) Lump Sum ❑ 3. 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 e 9 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 o 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. 4. The recipient shall not discriminate 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(31U.S.C. 3801 et seq.). III. IT IS MUTALLY AGREED, 1. That no work shall be commenced by the ENGINEER prior to issuance by the LA of a written Notice to Proceed. 2. That tracings, plans,specifications,estimates, maps and other documents prepared by the ENGINEER in accordance with this AGREEMENT shall be delivered to and become the property of the LA and that basic survey notes, sketches, charts and other data prepared or obtained in accordance with this AGREEMENT shall be made available, upon request,to the LA or to the STATE, without restriction or limitation as to their use. Page 3 of 7 BLR 05610(Rev.9/06) Printed on 7/17/2009 10:38:19 AM '3. That all reports, plans, estimates and special provisions furnished by the ENGINEER shall be in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that all such furnished documents shall be approved by the LA and the STATE before final acceptance. 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 none of the services to be furnished by the ENGINEER shall be sublet,assigned or transferred to any other party or parties without 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. 5. To maintain,for a minimum of 3 years after the completion of the contract,adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the STATE; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 6. The payment by the LA in accordance with numbered paragraph 3 of Section II will be considered payment in full for all services rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT. 7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LA,the STATE, and their officers, agents and employees from all suits,claims,actions or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. 8. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination,the ENGINEER shall cause to be delivered to the LA all drawings, plats, surveys, reports, permits,agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LA. The LA will be responsible for reimbursement of all eligible expenses to date of the written notice of termination. 9. This certification is required by the Drug Free Workplace Act(30ILCS 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 the 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, 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. Page 4 of 7 BLR 05610(Rev.9/06) Printed on 7/17/2009 10:38:19 AM 10. 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 of this AGREEMENT or such other remedy as the LA deems appropriate. Agreement Summary Prime Consultant: TIN Number Agreement Amount TranSystems 43-0839725 $42,536.24 Sub-Consultants: TIN Number Agreement Amount Sub-Consultant Total: Prime Consultant Total: $42,536.24 Total for all Work: $42,536.24 Executed by the LA: City of Elgin (Municipality/Township/County) ATTEST: By: -til `, :e: y ' .. e% Ay met a c45 cs- tss�: `"��M (SE s'-` : Z. O • Executed by the ENGINEER: '1FE'6,,/4`:1 ATTEST::, TranSystems By: '" '" J By: /4 Title: / c S 7 I- c c - Pr?r(;sic K� Title: //l(i' P/t i Page 5 of 7 BLR 05610(Rev.9/06) Printed on 7/17/2009 10:38:19 AM Exhibit A- Preliminary Engineering Route: Elgin Bikeway Master Plan Route 1 Local Agency: City of Elgin, Kane County *Firms approved rates on file with IDOT's (Municipality/Township/County) Bureau of Accounting and Auditing: Section: 09-00175-00-BT Project: CMM-9003(231) Overhead Rate(OH) 156.44 % Job No.: P-91-304-09 Complexity Factor(R; 0.00 Calendar Days 360 Method of Compensation: Cost Plus Fixed Fee 1 NI 14.5% [DL + R(DL)+OH(DL)+IHDC] Cost Plus Fixed Fee 2 ❑ 14.5% [DL + R(DL)+ 1.4(DL)+ IHDC] Cost Plus Fixed Fee 3 0 14.5% [(2.3+ R)DL + IHDC] Specific Rate 0 Lump Sum ❑ Cost Estimate of Consultant's Services in Dollars Employee Man- Payroll Payroll Services by In-House Element of Work Direct Costs Profit Total Classification Hours Rate Costs (DL) Overhead* Others (IHDC) A-1 Proj Coord and Data Collect Various(attached) 64.00 $ 42.98 $ 2,750.72 $ 4,303.23 $ 67.00 $ 1,032.54 $ 8,153.48 A-2 Field Surveys 52.00 $ 29.73 $ 1,545.96 $ 2,418.50 $ 418.00 $ 635.46 $ 5,017.92 A-3 Preliminary Design Studies 74.00 $ 33.80 $ 2,501.20 $ 3,912.88 $ 71.00 $ 940.34 $ 7,425.41 A-4 Environmental Studies - _ $ - $ - $ - $ - $ - $ A-5 Preferred Improvement Plan 74.00 $ 35.30 $ 2,612.20 _ $ 4,086.53 $ 96.00 $ 985.24 $ 7,779.96 A-6 Public Mtgs and Coordination 40.00 $ 36.39 $ 1,455.60 $ 2,277.14 $ 73.00 $ 551.83 $ 4,357.57 A-7 Project Development Report 93.00 $ 35.74 $ 3,323.82 $ 5,199.78 $ 37.00 $ 1,241.29 $ 9,801.89 Totals 397.00 $ 35.74 $ 14,189.50 $ 22,198.05 $ - $ 762.00 $ 5,386.69 $ 42,536.24 Subconsultant $ - Direct Costs $ 762.00 Page 6 of 7 Printed on 7/17/2009 11:58 AM BLR 05610(Rev.9/06) Exhibit B Illinois Department of Transportation Engineering Payment Report Prime Consultant Name TranSystems Address Schaumburg, IL Telephone (847)605-9600 TIN Number Project Information Local Agency City of Elgin Section Number 09-00175-00-BT Project Number CMM-9003(231) Job Number P-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 Sub-Consultant Total: Prime Consultant Total: Total for all Work Completed: Signature and title of Prime Consultant Date Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as concurring with the payment amount specified above. Page 7 of 7 BLR 05610(Rev.9/06) Printed on 7/17/2009 12:00:30 PM Average Hourly Rate Tables Direct Costs Hourly Rate Range for Regular Staff Elgin Bikeway Master Plan Route 1 Phase 1 Engineering an Systems" City of Elgin Average Hourly Project Rates Route Elgin Bikeway Master Plan Route 1 Section 09-00175-00-BT County Kane Consultant TranSystems Date 07/17/09 Job No. P-91-304-09 PTB/Item Sheet 1 OF 2 A-1 Project Coord and Data A-3 Preliminary Design A-5 Preferred Improvement Payroll Avg Total Project Rates Collection A-2 Field Survey Studies A-4 Environmental Studies Plan 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 Principal in Charge _ $70.00 0 Senior Project Manager $69.72 0 Project Manager $57.07 14 3.53% 2.01 4 6.25% 3.57 2 2.70% 1.54 2 2.70% 1.54 Construction Manager $64.29 0 Chief Structural Engineer $70.00 0 Architect $48.86 0 Senior Project Engineer $54.92 12 3.02% 1.66 8 12.50% 6.86 4 5.41% 2.97 Senior Transportation Planner $56.83 0 Transportation Planner $39.04 0 _ Project Engineer $49.43 8 2.02% 1.00 Resident Engineer $54.17 0 Senior Resident Inspector $45.95 0 Resident Inspector $38.65 0 Assistant Resident Inspector $32.96 0 Design Engineer III $43.92 92 23.17% 10.18 30 46.88% 20.59 16 21.62% 9.50 16 21.62% 9.50 Design Engineer II $35.62 81 20.40% 7.27 4 6.25% 2.23 8 15.38% 5.48 16 21.62% 7.70 16 21.62% 7.70 Design Engineer I $28.52 84 21.16% 6.03 8 12.50% 3.57 8 15.38% 4.39 24 32.43% 9.25 22 29.73% 8.48 Construction Inspector V $65.58 0 Construction Inspector IV $40.40 0 Construction Inspector III $31.25 0 Construction Inspector I $18.53 0 Land Surveyor $46.29 4 1.01% 0.47 4 7.69% 3.56 Survey Crew Chief $31.99 16 4.03% 1.29 16 _30.77% 9.84 Instrument Person $31.99 0 Rodman $20.98 16 4.03% 0.85 16 30.77% 6.46 CADD Technician III $29.29 12 3.02% 0.89 4 6.25% 1.83 4 5.41% 1.58 4 5.41% 1.58 CADD Technician II $26.07 50 12.59% 3.28 12 16.22% 4.23 10 13.51% 3.52 CADD Technician I $19.00 0 Senior Administrator $46.27 6 1.51% 0.70 6 9.38% 4.34 Administrative Assistant $23.98 2 0.50% 0.12 TOTALS 397 100% $35.74 64 100% $42.98 52 100% $29.73 74 100% $33.80 0 0% $0.00 74 100% $35.30 Average Hourly Project Rates Route Elgin Bikeway Master Plan Route 1 Section 09-00175-00-BT County Kane Consultant TranSystems Date 07/17/09 Job No. P-91-304-09 PTB/Item Sheet 2 OF 2 A-6 Public Meetings and Payroll Avg Coordination A-7 Phase I Report 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 Principal in Charge 0$70.0 Senior Project Manager $69.72 Project Manager $57.07 4 10.00% 5.71 2 2.15% 1.23 Construction Manager $64.29 Chief Structural Engineer $70.00 _ Architect $48.86 Senior Project Engineer $54.92 Senior Transportation Planner $56.83 Transportation Planner $39.04 Project Engineer $49.43 8 8.60% 4.25 Resident Engineer $54.17 _ Senior Resident Inspector $45.95 Resident Inspector $38.65 Assistant Resident Inspector $32.96 Design Engineer III $43.92 10 25.00% 10.98 20 _21.51% 9.45 Design Engineer II $35.62 10 _25.00% 8.90 27 29.03% 10.34 Design Engineer I $28.52 6 15.00% 4.28 16 17.20% 4.91 Construction Inspector V $65.58 Construction Inspector IV $40.40 Construction Inspector III $31.25 Construction Inspector I $18.53 Land Surveyor $46.29 Survey Crew Chief $31.99 Instrument Person $31.99 _ Rodman $20.98 CADD Technician III $29.29 CADD Technician II $26.07 10 25.00% 6.52 18 19.35% 5.05 CADD Technician I $19.00 Senior Administrator $46.27 Administrative Assistant $23.98 2 2.15% 0.52 TOTALS 40 100% $36.39 93 100% $35.74 0 0% $0.00 0 0% $0.00 0 0% $0.00 0 0% $0.00 Elgin Bikeway Master Plan Route 1 City of Elgin Direct Cost Summary TranSystems A-1 Project Coordination and Data Collection Photocopies(8.5"x11") 10 sheets @ 10 copies @ $ 0.12 /sheet $ 12 Vehicle 100 miles @ $ 0.55 /mile $ 55 SUBTOTAL $ 67 A-2 Field Survey Company Vehicle 5 days @ $ 45.00 /day $ 225 Vehicle 350 miles @ $ 0.55 /mile $ 193 SUBTOTAL $ 418 A-3 Preliminary Design Studies Vehicle 100 miles @ $ 0.55 /mile $ 55 Photocopies(22"x34"full size plan sheets) 3 sheets @ 4 copies @ $ 1.35 /sheet $ 16 SUBTOTAL $ 71 A-4 Environmental Studies SUBTOTAL $ - A-5 Preferred Improvement Plan Vehicle 100 miles @ $ 0.55 /mile $ 55 Photocopies(22"x34"full size plan sheets) 3 sheets @ 4 copies @ $ 1.35 /sheet $ 16 Overnight Shipping 1 packages @ $ 25.00 /package $ 25 SUBTOTAL $ 96 Elgin Bikeway Master Plan Route 1 City of Elgin Direct Cost Summary TranSystems A-6 Public Meetings and Coordination Vehicle 100 miles @ $ 0.55 /mile $ 55 Photocopies(22"x34"full size plans) 6 sheets @ 1 copies @ $ 1.35 /sheet $ 8 Photocopies(8.5"x11" handouts) 2 sheets @ 40 copies @ $ 0.12 /sheet $ 10 SUBTOTAL $ 73 A-7 Phase I Report Photocopies(8.5"x11") 20 sheets @ 4 copies @ $ 0.12 /sheet $ 10 Photocopies(11"x17"reduced size plans) 2 sheets @ 4 copies @ $ 0.25 /sheet $ 2 Overnight Shipping 1 packages @ $ 25.00 /package $ 25 SUBTOTAL $ 37 TOTAL $ 762 ATTACHMENT A TRANSYSTEMS CORPORATION MIN/MAX RATE RANGES CONSULTANT'S REGULAR STAFF As of 3/4/09 2009 2010 2011 CLASSIFICATION Min Max Min Max Min Max Principal-In-Charge 77.00 163.00 81.00 171.00 85.00 180.00 Senior Project Manager 52.00 129.00 55.00 135.00 58.00 142.00 Project Manager 42.00 81.00 44.00 85.00 46.00 89.00 Chief Structural Engineer 63.00 99.00 66.00 104.00 69.00 109.00 Senior Project Engineer 39.00 75.00 41.00 79.00 43.00 83.00 Architect 41.00 64.00 43.00 67.00 45.00 70.00 Senior Transportation Planner 40.00 108.00 42.00 113.00 44.00 119.00 Transportation Planner 30.00 46.00 32.00 48.00 34.00 50.00 Project Engineer 36.00 68.00 38.00 71.00 40.00 75.00 Design Engineer III 33.00 60.00 35.00 63.00 37.00 66.00 Design Engineer II 26.00 49.00 27.00 51.00 28.00 54.00 Design Engineer I 21.00 40.00 22.00 42.00 23.00 44.00 Construction Manager 52.00 81.00 55.00 85.00 58.00 89.00 Resident Engineer 37.00 81.00 39.00 85.00 41.00 89.00 Senior Resident Inspector 32.00 67.00 34.00 70.00 36.00 74.00 Resident Inspector 29.00 61.00 30.00 64.00 32.00 67.00 Assistant Resident Inspector 23.00 47.00 24.00 49.00 25.00 51.00 Construction Inspector V 46.00 72.00 48.00 76.00 50.00 80.00 Construction Inspector IV 29.00 58.00 30.00 61.00 32.00 64.00 Construction Inspector III 26.00 40.00 27.00 42.00 28.00 44.00 Construction Inspector II 23.00 35.00 24.00 37.00 25.00 39.00 Professional Land Surveyor 38.00 59.00 40.00 62.00 42.00 65.00 Survey Crew Chief 27.00 42.00 28.00 44.00 29.00 46.00 Instrument Person 27.00 42.00 28.00 44.00 29.00 46.00 Rodman 17.00 26.00 18.00 27.00 19.00 28.00 CADD Technician III 24.00 38.00 25.00 40.00 26.00 42.00 CADD Technician II 21.00 34.00 22.00 36.00 23.00 38.00 CADD Technician I 17.00 26.00 18.00 27.00 19.00 28.00 Senior Administrator 27.00 108.00 28.00 113.00 29.00 119.00 Administrative/Clerical 13.00 37.00 14.00 39.00 15.00 41.00 TranSystems Scope of Engineering Services Elgin Bikeway Master Plan Route 1 Phase 1 Engineering an Systeriis" City of Elgin Scope of Services Elgin Bikeway Master Plan Route 1 SCOPE OF ENGINEERING SERVICES A. Phase I Engineering Preliminary engineering services for Route 1-Northeast Quadrant of the Elgin Bikeway which is comprised of: Description Limits Length (estimated) Kimball Street Fox River to Douglas Avenue 0.25 miles Douglas Avenue Kimball Street to River Bluff Road 1.00 mile River Bluff Road Douglas Avenue to Prospect Avenue 0.25 miles Prospect Avenue River Bluff Road to Congdon Avenue 0.05 miles Congdon Avenue Prospect Avenue to Indian Drive 1.10 miles 2.65 miles 1. Project Coordination and Data Collection a. Preliminary conference with the City and IDOT BLR&S staff to discuss(estimated as 1 meeting): 1. Goals and objectives 2. Schedule 3. Budget 4. Participants 5. Communications 6. Other administrative considerations b. Obtain available existing data for the project area including: 1. Right-of-way data 2. Existing roadway and bikeway plans 3. Conventional and digital map files 4. Aerial photography 5. Jurisdictional boundaries 6. Property boundaries 7. Property owners 8. Pedestrian and vehicular traffic counts(if available) 9. Other area roadway, utility, and signal improvements 10. Current public utility atlases and GIS information 11. Current power,communications, gas,and other private utility atlases 12. Previously prepared plans and reports 13. Development plans c. Perform a preliminary field inspection of the proposed corridor. d. Submit State and Sub-state Clearinghouse review forms. e. Meet with IDOT to present the preferred improvement plan and obtain FHWA approval. (est. 1 meeting) f. Attend and coordinate meeting with City staff and IDOT during preliminary engineering phase to present project status, alternatives and recommendations. (est. 2 meetings) g. Provide project administration, prepare monthly invoicing, and project status reports. (est. 3 months) h. Provide QA/QC reviews. i. All meeting minutes will be distributed via email. No hardcopies will be produced. 2. Field Survey a. Perform topographic design survey for the intersection of Douglas Avenue and Congdon Street including establishment of fie points; topography; survey for 150ft on all legs of the intersection; utilities; drainage; and right-of-way verification. b. Download topographic survey and cross-sections in Microstation and Geopak for use in preliminary design studies. Plot survey at 1"to 50'scale. c. Observe and digitally photograph the project to become acquainted with existing conditions. Attachment "A" 1 fail Systems • Scope of Services Elgin Bikeway Master Plan Route 1 d. Survey pavement marking locations and lane usage. Included will be typical pavement and lane width measurements. 3. Preliminary Design Studies a. Establish design criteria for horizontal and develop typical sections of path, and on-street bike lane based on bikeway needs. b. Create a basemap for pavement marking and signing layout using detailed aerial photography. c. Prepare an alignment to confirm the route design. d. Conduct traffic signal and intersection striping review at the following intersections to identify bikeway actuation impacts: • Congdon Avenue and Dundee Avenue e. Evaluate and summarize environmental issues and community impacts, as well as construction costs. f. Meet with City, IDOT, and other affected agencies to select a preferred alignment. (est. 1 meeting) g. Prepare a preliminary bike path plan. h. Develop cost estimates. 4. Environmental Studies a. This project is anticipated to be processed as a Categorical Exclusion Type 1 and all work is to be performed on existing roadway facilities. Therefore,there are no anticipated environmental impacts and no environmental studies have been included. 5. Preferred Improvement Plan a. Based on design studies,environmental studies,and public input, prepare the Preferred Improvement Plan. b. Develop the Preferred Improvement Plan on aerial photography. c. Prepare typical sections for the proposed improvements. d. No right-of-way or easements are anticipated as the project is to be constructed on publicly owned land. 6. Public Meetings and Coordination a. Attend a meeting and/or provide information for a presentation to the City Council for their review of the recommended improvement plan. (estimated as 1 meeting) b. Submit Notice of Public Improvement in local newspaper to provide ten (10) days for public comment on improvement plans. c. Conduct a Public Meeting to present the project need, preferred improvement plan, project costs,schedules and environmental impacts. The Public Meeting will be conducted as an open house format per IDOT and FHWA requirements. Prepare all notifications, handouts,presentation text,exhibits,and minutes. 7. Phase I Report a. Prepare a Draft Phase I Report. The report will be prepared in the format of a Categorical Exclusion Type 1 (IDOT Form BLR 22111) since it has been assumed that no additional right-of-way will be required, no environmental impacts are anticipated, and the project is only to consist of pavement markings, signage, and traffic signal modifications necessary for bikeway installation. This report will summarize the preliminary engineering efforts including data collection, coordination documentation, alternative analysis, and Preferred Improvement Plan. The report shall meet IDOT criteria. It is anticipated that an Environmental Class of Action Determination(ECAD)document will not be required. b. Prepare a preliminary estimate of cost based on the preferred improvement plan. c. Submit the Draft Report for City and IDOT review. d. Update the Final Report based on agency and public review comments. e. Incorporate the Public Meeting documentation,including disposition of all comments, into the final report. f. Submit the Final Report for final approval by the City and IDOT to obtain Design Approval. 2 Lir Attachment "A" Tran Systems Project Schedule Elgin Bikeway Master Plan Route 1 Phase 1 Engineering 1145.1 wste111S\ City of Elgin - 1211TySteMS , PROJECT SCHEDULE Elgin Bikeway Master Plan Route 1 Phase 1 Engineering Section:09-00175.00-BT CITY OF ELGIN 2009 2010 2011 No. WORK ITEM J F M A M J J A S 0 N DJ F M A M J J A S ONDJ F PHASE 1 ENGINEERING ENGINEERING AGREEMENT APPROVAL . (Estimated notice to proceed August 2009) PROJECT COORDINATION 1111 1 1 . ' , I U 1 1 ' FIELD SURVEY 1 PRELIMINARY DESIGN STUDIES 1111 U PREFERRED IMPROVEMENT PLAN PROJECT DEVELOPMENT REPORT I 1 • 1 P I I \ I Duration of 8 to 12 months after Design Approval PHASE 2 ENGINEERING I I I I I I • 1 Anticipate that project will take 1 construction season to complete. CONSTRUCTION LETTING 8 ENGINEERING I I_ I I (Targ It Januar Calendar Year letting) i - TranSystems Date: July 2009 City I IDOT Review or Processing TranSystems 1:1ELGIMBike Route 11Contradl7-16-091]Route I Schedule 7-17-09.xls]schedule 1 • r . �.4 OF Et Ci y Memorandum -2_ City of Elgin [ . ti. ORATEDF��' Date: September 2, 2009 To: Ron Rudd, Engineer II From: Jennifer Quinton, Deputy City Clerk Subject: Resolution Nos. 09-186 & 09-188, Adopted at the August 26, 2009, Council Meeting Enclosed you will find the agreement listed below. Please retain a copy for your records. 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. • Preliminary Engineering Services Agreement with TranSystems Corporation for Federal Participation for the Elgin Bikeway Master Plan Route 1 • Preliminary Engineering Services Agreement with TranSystems Corporation for Federal Participation for the Elgin Bikeway Master Plan Route 4 1?-...,k e. Rom- ,. Illinois Department of Transportation 2300 South Dirksen Parkway/ Springfield, Illinois/62764 November 12, 2009 City of Elgin Section 09-00175-00-BT Project No. CMM-9003(231) Job No. P-91-304-09 Dolonna Mecum City Clerk 150 Dexter Ct. Elgin, IL. 60120 Dear Ms. Mecum: The agreement for preliminary engineering services, with Transystem Corporation in the correct amount of$41,782.38 (federal share, $33,425.92) was authorized by the Federal Highway Administration and approved by the department effective November 10, 2009. The city may authorize the consultant to proceed with the engineering work called for in the agreement. The corrected amount is based on the following Proposed overhead should be reduced by $658.39 due to SEFC rate limited to 151.80% FYE 12/31/08, as a result of 0/H adjustment profit reduced by $95.47 Your file copy of the approved engineering agreement is attached. If you have any questions contact Mr. Hameed, (217)785-1675. Sincerely, UV , ,k‘i/14/(1 la(71(16cZ' Darrell W. Lewis, P. E. Acting Engineer of Local Roads and Streets Cc- Diane O'Keefe Attn: Chris Holt Joseph Evers, Municipal Engineer D@EI --, Transystems Corp. Debbie Marks, Project Control NOV 2 5 ''6.1J9 ti By Exhibit A- Preliminary Engineering Route: Elgin Bikeway Master Plan Route 1 Local Agency: City of Elgin, Kane County *Firms approved rates on file with IDOT's (Municipality/Township/County) Bureau of Accounting and Auditing: Section:_ 09-00175-00-BT Project: CMM-9003(231) Overhead Rate(OH) 156.449% 151•$O Job No.: P-91-304-09 Complexity Factor(R; 0.00 Calendar Days 360 Method of Compensation: Cost Plus Fixed Fee 1 ® 14.5% [DL+ R(DL)+OH(DL)+IHDC] Cost Plus Fixed Fee 2 ❑ 14.5% [DL+ R(DL)+ 1.4(DL)+ IHDC] Cost Plus Fixed Fee 3 0 14.5% [(2.3+ R)DL+ IHDC] Specific Rate 0 Lump Sum ❑ Cost Estimate of Consultant's Services in Dollars Employee Man- Payroll Payroll Services by In-House Element of Work Direct Costs Profit Total Classification Hours Rate Costs(DL) Overhead* Others (IHDC) A-1 Proj Coord and Data Collect Various(attached) 64.00 $ 42.98 $ 2,750.72 $ 4,303.23 $ 67.00 $ 1,032.54 $ 8,153.48 A-2 Field Surveys 52.00 $ 29.73 $ 1,545.96 $ 2,418.50 $ 418.00 $ 635.46 $ 5,017.92 A-3 Preliminary Design Studies 74.00 $ 33.80 $ 2,501.20 $ 3,912.88 $ 71.00 $ 940.34 $ 7,425.41 A-4 Environmental Studies - $ - $ - _ $ - $ - $ - $ - A-5 Preferred Improvement Plan 74.00 $ 35.30 $ 2,612.20 $ 4,086.53 $ 96.00 $ 985.24 $ 7,779.96 A-6 Public Mtgs and Coordination 40.00 $ 36.39 $ 1,455.60 $ 2,277.14 $ 73.00 $ 551.83 $ 4,357.57 A-7 Project Development Report 93.00 $ 35.74 $ 3,323.82 $ 5,199.78 $ 37.00 $ 1,241.29 $ 9,801.89 Totals 397.00 $ 35.74 $./14,189.50 C22,198.0) $ - $ Vi 762.00 $ 386..• $ 42,536.24 Subconsultant $ - 5:25(.2.2 Direct Costs $ 762.00 Page 6 of 7 Printed on 7/17/2009 11:58 AM BLR 05610(Rev.9/06) Average Hourly Project Rates Route Elgin Bikeway Master Plan Route 1 Section 09-00175-00-BT County Kane Consultant TranSystems Date 07/17/09 Job No. P-91-304-09 PTB/Item Sheet 1 OF 2 A-1 Project Coord and Data A-3 Preliminary Design A-5 Preferred Improvement Payroll Avg Total Project Rates Collection A-2 Field Survey Studies A-4 Environmental Studies Plan 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 Principal in Charge $70.00 0 Senior Project Manager $69.72 0 Project Manager $57.07 14 3.53% 2.01 4 6.25% 3.57 2 2.70% 1.54 2 2.70% 1.54 Construction Manager $64.29 0 Chief Structural Engineer $70.00 0 Architect $48.86 0 . _ Senior Project Engineer $54.92 12 3.02% 1.66 8 12.50% 6.86 _ 4 5.41% 2.97 Senior Transportation Planner $56.83 0 Transportation Planner $39.04 0 - Project Engineer $49.43 8 2.02% 1.00 _ Resident Engineer $54.17 0 Senior Resident Inspector $45.95 0 Resident Inspector $38.65 0 Assistant Resident Inspector $32.96 0 Design Engineer III $43.92 92 23.17% 10.18 30 46.88% 20.59 16 21.62% 9.50 16 21.62% 9.50 Design Engineer II $35.62 81 20.40% 7.27 4 6.25% 2.23 8 15.38% 5.48 16 21.62% 7.70 16 21.62% 7.70 Design Engineer I $28.52 84 21.16% 6.03 8 12.50% 3.57 8 15.38% 4.39 24 32.43% 9.25 - 22 29.73% 8.48 Construction Inspector V $65.58 0 _ Construction Inspector IV $40.40 0 Construction Inspector Ill $31.25 0 Construction Inspector I $18.53 0 Land Surveyor $46.29 4 1.01% 0.47 4 7.69% 3.56 Survey Crew Chief $31.99 16 4.03% 1.29 16 30.77% 9.84 Instrument Person $31.99 0 - Rodman $20.98 16 4.03% 0.85 16 30.77% 6.46 CADD Technician III $29.29 12 3.02% 0.89 4 6.25% 1.83 4 5.41% 1.58 4 5.41% 1.58 CADD Technician II $26.07 50 12.59% 3.28 12 16.22% 4.23 10 13.51% 3.52 CADD Technician I $19.00 0 Senior Administrator $46.27 6 1.51% 0.70 6 9.38% 4.34 _ Administrative Assistant $23.98 2 0.50% 0.12 TOTALS 397 100% $35.74 64 100% $42.98 52 100% $29.73 74 100% $33.80 0 0% $0.00 74 100% $35.30 Average Hourly Project Rates Route Elgin Bikeway Master Plan Route 1 Section 09-00175-00-BT County Kane Consultant TranSystems Date 07/17/09 Job No. P-91-304-09 PTB/Item Sheet 2 OF 2 A-6 Public Meetings and Payroll Avg Coordination A-7 Phase I Report 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 Principal in Charge $70.00 Senior Project Manager $69.72 Project Manager $57.07 4 10.00% 5.71 2 2.15%, 1.23 Construction Manager $64.29 Chief Structural Engineer $70.00 Architect $48.86 Senior Project Engineer $54.92 Senior Transportation Planner $56.83 Transportation Planner $39.04 Project Engineer $49.43 8 8.60% 4.25 Resident Engineer $54.17 Senior Resident Inspector $45.95 Resident Inspector $38.65 Assistant Resident Inspector $32.96 Design Engineer III $43.92 10 25.00% 10.98 20 21.51% 9.45 Design Engineer II $35.62 10 25.00% 8.90 27 29.03% 10.34 Design Engineer I $28.52 6 15.00% 4.28 16 17.20% 4.91 Construction Inspector V $65.58 Construction Inspector IV $40.40 Construction Inspector III $31.25 Construction Inspector I $18.53 Land Surveyor $46.29 Survey Crew Chief $31.99 Instrument Person $31.99 Rodman $20.98 CADD Technician III $29.29 CADD Technician II $26.07 10 25.00% 6.52 18 19.35% 5.05 CADD Technician I $19.00 Senior Administrator $46.27 Administrative Assistant $23.98 2 2.15% 0.52 TOTALS 40 100% $36.39 93 100% $35.74 0 0% $0.00 0 0% $0.00 0 0% $0.00 0 0% $0.00 Elgin Bikeway Master Plan Route 1 City of Elgin Direct Cost Summary TranSystems A-1 Project Coordination and Data Collection Photocopies(8.5 x11 ) 10 sheets @ 10 copies @ $ 0.12 /sheet $ 12 Vehicle 100 miles @ $ 0.55 /mile $ 55 SUBTOTAL $ 67 A-2 Field Survey Company Vehicle 5 days @ $ 45.00 /day $ 225 Vehicle 350 miles @ $ 0.55 /mile $ 193 SUBTOTAL $ 418 A-3 Preliminary Design Studies Vehicle 100 miles @ $ 0.55 /mile $ 55 Photocopies(22"x34"full size plan sheets) 3 sheets @ 4 copies @ $ 1.35 /sheet $ 16 SUBTOTAL $ 71 A-4 Environmental Studies SUBTOTAL $ - A-5 Preferred Improvement Plan Vehicle 100 miles @ $ 0.55 /mile $ 55 Photocopies(22"x34"full size plan sheets) 3 sheets @ 4 copies @ $ 1.35 /sheet $ 16 Overnight Shipping 1 packages @ $ 25.00 /package $ 25 SUBTOTAL $ 96 Elgin Bikeway Master Plan Route 1 City of Elgin Direct Cost Summary TranSystems A-6 Public Meetings and Coordination Vehicle 100 miles @ $ 0.55 /mile $ 55 Photocopies(22"x34"full size plans) 6 sheets @ 1 copies @ $ 1.35 /sheet $ 8 Photocopies(8.5"x11" handouts) 2 sheets @ 40 copies @ $ 0.12 /sheet $ 10 SUBTOTAL $ 73 A-7 Phase I Report Photocopies(8.5"x11") 20 sheets @ 4 copies @ $ 0.12 /sheet $ 10 Photocopies(11"x17" reduced size plans) 2 sheets @ 4 copies @ $ 0.25 /sheet $ 2 Overnight Shipping 1 packages @ $ 25.00 /package $ 25 SUBTOTAL $ 37 TOTAL $ 762 • , Local Agency Consultant • City of Elgin LOlihnois Department TranSystems County O Address C Kane A N 1051 Perimeter Dr., Suite 1025 Section L s City 09-00175-00-BT lJ Schaumburg Project No. A Preliminary Engineering State CMM-9003(231) Services Agreement IL Job No. G For T Zip Code P 91 304-09 E Federal Participation A 60173 Contact Name/Phone/E-mail Address N N Contact Name/Phone/E-mail Address Omar Santos, 847-931-5973 C T Brian Fairwood, 847-407-5280 santos_o@cityofelgin.org Y blfairwood@transystems.com THIS AGREEMENT is made and entered into this O� dayof v?� between the above l� C��,c —. 9 Local Agency(LA)and Consultant(ENGINEER)and covers certain professional engineering services in connection with the PROJECT. 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. Project Description Name Elgin Bikeway Master Plan Route 1 Route various Length 2.7 mile Structure No. Termini Kimball Street and Fox River Trail to Congdon Avenue Description Phase I engineering for new bike routes and lanes as part of City-wide bikeway system. Agreement Provisions I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance, in accordance with STATE approved design standards and policies, of engineering services for the LA for the proposed improvement herein described. 2. To attend any and all meetings and visit the site of the proposed improvement at any reasonable time when requested by representatives of the LA or STATE. 3. To complete the services herein described within 360 calendar days from the date of the Notice to Proceed from the LA, excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER. 4. The classifications of the employees used in the work should be consistent with the employee classifications and estimated man- hours shown in EXHIBIT A. If higher-salaried personnel of the firm, including the Principal Engineer, perform services that are indicated in Exhibit A to be performed by lesser-salaried personnel,the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 5. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable for the PROJECT;and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services enumerated herein. 6. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from the ENGINEER's errors, omissions or negligent acts without additional compensation. Acceptance of work by the STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or for clarification of any ambiguities. 7. That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the ENGINEER and will affix the ENGINEER's professional seal when such seal is required by law. Plans for structures to be built as a part of the improvement will be prepared under the supervision of a registered structural engineer and will affix structural engineer seal when such seal is required by law. It will be the ENGINEER's responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the STATE. 8. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes,and local laws or ordinances of the LA. Page 1 of 7 BLR 05610(Rev.9/06) Printed on 7/17/2009 10:38:19 AM 9. The undersigned certifies neither the ENGINEER nor I have: • a. employed or retained for commission, percentage, brokerage,contingent fee or other considerations, any firm or person(other than a bona fide employee working solely for me or the above ENGINEER)to solicit or secure this AGREEMENT, b. agreed,as an express or implied condition for obtaining this AGREEMENT,to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or 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)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. 10. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA. 11. 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. 12. To submit BLR 05613, Engineering Payment Report,to the STATE upon completion of the project(Exhibit B). 13. Scope of Services to be provided by the ENGINEER: ® Make such detailed surveys as are necessary for the planning and design of the PROJECT. ❑ Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and flood flow histories. ❑ Prepare applications for U.S.Army Corps of Engineers Permit, Illinois Department of Natural Resources Office of Water Resources Permit and Illinois Environmental Protection Agency Section 404 Water Quality Certification. O Design and/or approve cofferdams and superstructure shop drawings. ❑ Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report,(including economic analysis of bridge or culvert types and high water effects on roadway overflows and bridge approaches). Prepare the necessary environmental and planning documents including the Project Development Report, Environmental Class of Action Determination or Environmental Assessment, State Clearinghouse, Substate Clearinghouse and all necessary environmental clearances. ❑ Make such soil surveys or subsurface investigations including borings and soil profiles as may be required to fumish sufficient data for the design of the proposed improvement. Such investigations to be made in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE. ❑ Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation. ❑ Prepare preliminary roadway and drainage structure plans and meet with representatives of the LA and STATE at the site of the improvement for review of plans prior to the establishment of final vertical and horizontal alignment, location and size of drainage structures, and compliance with applicable design requirements and policies. ® Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. O Complete the general and detailed plans,special provisions and estimate of cost. Contract plans shall be prepared in accordance with the guidelines contained in the Bureau of Local Roads and Streets manual. The special provisions and detailed estimate of cost shall be furnished in quadruplicate. ❑ Furnish the LA with survey and drafts in quadruplicate all necessary right-of-way dedications,construction easements and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. Page 2 of 7 BLR 05610(Rev.9/06) Printed on 7/17/2009 10:38:19 AM I1. THE LA AGREES, 1. To furnish the ENGINEER all presently available survey data and information 2. 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 ® CPFF= 14.5%[DL+ R(DL)+OH(DL)+ IHDC],or ❑ CPFF= 14.5%[DL+ R(DL)+ 1.4(DL)+ IHDC],or ❑ CPFF= 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 Specific Rate El (Pay per element) Lump Sum ❑ 3. 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 o 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. 4. The recipient shall not discriminate 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.). III. IT IS MUTALLY AGREED, 1. That no work shall be commenced by the ENGINEER prior to issuance by the LA of a written Notice to Proceed. 2. That tracings, plans, specifications, estimates, maps and other documents prepared by the ENGINEER in accordance with this AGREEMENT shall be delivered to and become the property of the LA and that basic survey notes,sketches,charts and other data prepared or obtained in accordance with this AGREEMENT shall be made available, upon request,to the LA or to the STATE, without restriction or limitation as to their use. Page 3 of 7 BLR 05610(Rev.9/06) Printed on 7/17/2009 10:38:19 AM 3. Thal all reports, plans, estimates and special provisions furnished by the ENGINEER shall be in accordance with the current 'Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that all such furnished documents shall be approved by the LA and the STATE before final acceptance. 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 none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without 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. 5. To maintain,for a minimum of 3 years after the completion of the contract, adequate books,records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the STATE;and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 6. The payment by the LA in accordance with numbered paragraph 3 of Section II will be considered payment in full for all services rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT. 7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LA,the STATE, and their officers,agents and employees from all suits,claims,actions or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. 8. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination,the ENGINEER shall cause to be delivered to the LA all drawings,plats,surveys, reports, permits,agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LA. The LA will be responsible for reimbursement of all eligible expenses to date of the written notice of termination. 9. 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 the 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, 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. Page 4 of 7 BLR 05610(Rev.9/06) Printed on 7/17/2009 10:38:19 AM 10. 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 of this AGREEMENT or such other remedy as the LA deems appropriate. Agreement Summary Prime Consultant: TIN Number Agreement Amount TranSystems 43-0839725 $42,536.24 Sub-Consultants: TIN Number Agreement Amount Sub-Consultant Total: Prime Consultant Total: $42,536.24 Total for all Work: $42,536.24 Executed by the LA: City of Elgin (Municipality/Township/County) ATTEST: D By: \ By: i..e40 Q• �7/� L_ - ,.5 k c5--e y .A/Gt A e. 7"�O,D�!'tsior).y Y ( _ Clerk Title: ?/� /r2444C • � rJ tli. Executed by the ENGINEE" './7' „.� -,'' ATTEST: TranSystems �/ By: �,. �� y :fi By: (`�lz'! W /3114--- Title: A ,s ,ti4- VVG` Pecctc/e t Title: 1/4(.(At/dr/it Page 5 of 7 BLR 05610(Rev.9/06) Printed on 7/17/2009 10:38:19 AM