HomeMy WebLinkAbout09-227 Resolution No. 09-227
RESOLUTION
AUTHORIZING EXECUTION OF AN IDOT CONSTRUCTION ENGINEERING
SERVICES AGREEMENT FOR FEDERAL PARTICIPATION ON BEHALF OF THE
CITY OF ELGIN WITH ENGINEERING ENTERPRISES, INC.
FOR THE BIG TIMBER ROAD PAVEMENT PRESERVATION PROJECT
(Randall Road to McLean Boulevard)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and are hereby
authorized and directed to execute IDOT Standard Construction Engineering Services
Agreement for Federal Participation on behalf of the City of Elgin with Engineering Enterprises,
Inc. for the Big Timber Road Local Agency Pavement Preservation Project, Randall Road to
McLean Boulevard, a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: October 28, 2009
Adopted: October 28, 2009
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
Local Agency Consultant
City of Elgin L Illinois Department Engineering Enterprises, Inc.
p of Transportation c
County C O Address
Kane A N 44W 110 U.S. HWY 20
Section L S City
09-00177-00-RS Hampshire
Project No. A Construction Engineering L State
M-9003 (314) Services Agreement IL
Job No. G For T Zip Code
C 91 621 09 E Federal Participation A 60140
Contact Name/Phone/E-mail Address N N Contact Name/Phone/E-mail Address
Haresh Modi, P.E, 847-931-5967 C T Jason M. Bauer, P.E., 630-466-6700
Modi_H@Cityofelgin.org Y jbauer@eeiweb.com
THIS AGREEMENT is made and entered into this day of 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 the following terms are used, they shall be interpreted to mean:
Regional Engineer Regional Engineer, Department of Transportation
Resident Engineer LA Employee directly responsible for construction of the PROJECT
Contractor Company or Companies to which the construction contract was awarded
Project Description
Name Big Timber Road Route FAU1302 Length 1.14 mi. Structure No. N/A
Termini Randall Road(FAU 2505)to McLean Boulevard
Description: This work shall consist of milling(2.0"and Variable Depth)and resurfacing(2.0"surface, 1.0"leveling binder)the above
mentioned roadway, repairing damages sections of B6.12 curb and gutter, replacing damaged sidewalks, applying crack control, striping
and restoration.
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 1a.through 1 d.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.
• 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 resident engineer of the adequacy of the establishment and maintenance of the
traffic control.
Page 1 of 7 BLR 05611 (Rev.9/06)
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® h. Geometric control including all construction staking and construction layouts.
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.
® I. 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.
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 furnish the services as required herein within twenty-four hours of notification by the resident engineer or authorized
representative.
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 resident engineer, 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 tee 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 properly 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;
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.
Page 2 of 7 BLR 05611 (Rev.9/06)
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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.
II. THE LA AGREES,
1. To furnish a resident engineer to be in responsible charge of general supervision of the construction.
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 ® 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 ❑
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.).
Page 3 of 7 BLR 05611 (Rev.9/06)
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Ill. 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 RESIDENT ENGINEER. 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.
7. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the
contractors safety precautions, except as provided in numbered paragraph 1 f of Section I.
8. 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 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
Page 4 of 7 BLR 05611 (Rev.9/06)
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(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.
Agreement Summary
Prime Consultant: TIN Number Agreement Amount
Engineering Enterprises, Inc. 36-3150869 $150,410.69
Sub-Consultants: , TIN Number Agreement Amount
Terracon Consultants, Inc.(Terracon) 42-1249917 $7,839.31
Sub-Consultant Total: $7,839.31
Prime Consultant Total: $150,410.69
Total for all Work: $158,250.00
Executed by the LA: City of Elgin
(Municipality/Township/County)
ATTEST: "'we/By: .t/;A
an R. Stegal
Diane Robertson t�� C Clerk Title: City Manager
/ faro FLUMov�s "I
rib
Executed bythe ENGI; """"
;TED.F,�g .
Engineering Enterprises, Inc.
ATTEST:
By: By: 37144141114 60.426-144,—.
Title: Administrative Assistant Title: Vice President
Page 5 of 7 BLR 05611 (Rev.9/06)
Printed on 1 0/1 6/2009 8:35:49 AM
EXHIBIT A
ROUTE:BIG TIMBER RD:FAU 1302/RANDALL RD(FAU2505)TO MCLEAN BLVC PHASE III-CONSTRUCTION ENGINEERING 'FIRMS APPROVED RATES ON FILE WITH(DOTS .
LOCAL AGENCY:CITY OF ELGIN BUREAU OF ACCOUNTING AND AUDITING:
IMURO PAUTYRO W aSHIP CoJNr YI
SECTION:09-D0177.00-RS OVERHEAD RATE:165.00 _
PROJECT:M.9003(314) BIG TIMBER ROAD LAPP RESURFACING COMPLEXITY FACTOR: ■0 ❑C 035 0
JOB NO,C-91-621-09 CALENDAR DAYS:
TYPE OF FUNDING:STP ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST
EXISTING STRUCTURE NO.:WA PROFESSIONAL ENGINEERING AND LAND SURVEYING SERVICES
PAYROLL AVG. PROJECT ADMINISTRATION PROJECT LAYOUT PROJECT OBSERVATION PROJECT DOCUMENTATION
CLASSIFICATION HOURLY % WGTD % WOW % WOW % WGTD
RATES HOURS PART. RATE HOURS PART. RATE HOURS PART. RATE HOURS PART. RATE
1 SENIOR PRINCIPAL S 70.00 000 000 0.00 0.00 0.00 0.00 0.00 0.00
2 PRINCIPAL 3 58.29 IS 1765 10.29 30 20.69 12.06 80 8.94 5.21 25 7.74 4.5'
3 SENIOR PROJECT MANAGER $ 47.79 000 000 0.00 0.00 0.00 000 0.00 0.00
4 PROJECT MANAGER S 36.31 10 11.76 4.27 0,30 0.00 70 7.82 2.84 25 7.74 2.81
6 SENIOR PROJECT ENGINEER/PLANNER/SURVEYOR II S 35.51 10 11 76, 4.18 30 20.89 7.35 130 14.53 5.16 60 18.58 6.60
6 SENIOR PROJECT ENGINEER/PLANNER/SURVEYOR I 5 29.48 20 23.53 6.94 0.00 0.00 0.00 0.00 0.00 0.00
7 PROJECT ENGINEER/PLANNER/SURVEYOR S 25.24 20 23.53 5.94 70 4828 12.18 600 87.04 1692 176 54.49 13.75
8 SENIOR ENGINEEWPLANNER/SURVEYOR $ 21.15 000 0.0D 0.30' 0.00 0.00 0.00 0.00 0.00
9 SENIOR PROJECT TECHNICIAN I S 30 70 0.00 0.00 0.30 0.00 0.00 0,00 0.00 0.00
10 PROJECT TECHNICIAN 5 26.37 0.00 0.00 0.00 000 0.00 0.00 0.00 0.00
11 SENIOR TECHNICIAN S 25.42 0.00 0.00 0.00 0.00 0.00 000 0.00 0.00
12 ADMINISTRATIVE ASSISTANT 5 21.14 10 11.76 2.4? 15 10.34 2.19 15 1 58 0.35 37 11.46 2.42
0.00 0.00
TOTALS 85 100 34.17 145 100 33.78 895 170 30.48 323 100 30.09
$2.893.35 $4,997.90 S27.282.30 59.720.02
PAYROLL AVG.
CLASSIFICATION HOURLY MAN PAYROLL PAYROLL BURDEN OVERHEAD
RATES HOURS COSTS 8 FRINGE COSTS 8 EXPENSES PROFIT TOTAL
•FIRMS IDOT RATES AS OF JUNE 5.2009 SENIOR PRINCIPAL 5 57.69 0 0.00 0.00 0.00 0.00 000
PRINCIPAL 5 56.79 150 8,518.50 6.248.32 9.510.91 3.520.27 27.798.00
SENIOR PROJECT MANAGER S 47.79 0 0.00 0.00 0.00 0.00 0.00
PAYROLL BURDEN 8 FRINGE: 73 35% PROJECT MANAGER S 39.71 105 4,169.55 3.058.36 4,655.30 1.723.07 13,608.28
OVERHEAD&EXPENSES. 111.65% SENIOR PROJECT ENGINEER/PLANNER/SURVEYOR 5 34.60 230 7.956.00 5.837.19 6.685.11 3.288.64 25.966.94
PROFIT 14.50% SENIOR PROJECT ENGINEER/PLANNER/SURVEYOR$ 30.61 20 610.20 451.98 667.99 254.64 2.010.81
PROJECT ENGINEEFVPLANNER/SURVEYOR $ 25.24 866 21,857.84 16.032.73 24,404 28 9.032.75 71,327.60
SENIOR PROJECT TECHNICIAN I 5 37.06 0 0.00 0.00 000 0.00 0.00
PROJECT TECHNICIAN S 30.70 0 000 0.00 000 0.00 0.00
SENIOR TECHNICIAN S 2542 0 0.00 0.00 0.00 0.00 0.00
ADMINISTRATIVE ASSISTANT S 21,14 77 1.627.78 1,193.98 1,617.42 672.68 5.311.85
SUB TOTAL 1448 $44,747.87 $32,822.56 549,961.00 S16,492.06 5146.023.49
SERVICES BY OTHERS
TERRACON CONSULTANTS.INC(TERRACON) 57,839.31
IN-HOUSE DIRECT COSTS
TRANSPORTATION 3.825 00
PROFIT 5E4.63 554.63
SUBTOTAL SS54.63 812.218.94
ADDITIONAL PROJECT TOTAL I i 1 I I I 319,066.68) 6158,242.42
G IPubIL'\B9161120091E00901 Big Timber Road LA'P.DocIIDOTIPhase III Eng1PLR 05611 Exhibit A Consvuetion Engineer.ng 09-06.10.41IE7hibit A
•
ENGINEERING ENTERPRISES.INC.
CONSULTING ENGINEERS
SUGAR GROVE.IL Page I
BIG TIMBER ROAD LAPP RESURFACING PROJECT
CITY OF ELGIN
Section No. 09-00177-00-RS
DIRECT EXPENSES
DESCRIPTION: NO. UNIT COST/UNIT COST
Vehicle/Transportation 85 Day $ 45.00 $ 3,825.00
Total $ 3,825.00
G:1Public\Elgin\2009\EG0901 Blg Timber Road LAPP\Doc'\IDOT\Phase III Eng\[BLR 05611 Exhibit A Construction Engineering 09-06.10.xls]Direcl
ESTIMATED CONSTRUCTION ENGINEERING SERVICES FOR THE BIG TIMBER ROAD LAPP PROJECT
Project Information: Key Dates:
Section:09-00177-DC-RS Letting.November 6,2009
Village:Elgin (anticipated) Award:July 6,2009
County:Kane (anticipated) Begin Construction:May 10,2010
Personnel Hours Required
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4-Jul 0
gflacg Construct on Observation&Doc 5 15 20 2
6-Jul Construct on Observation&Doc. 15 15 1
7.-Jul Construction Observation&Doc: 6 15 - ' 21 ''2
8-Jul Construct on Observation&Doc. 5 15 1
9-Jul Const Observation,Dori,Reports 10 • 9 6 15; 2 42 2
10-Jul 0
1 1-Jul 0
12-Jul Final"Cocumentation&Hooks - 8 - 14:- 2 24 `1
13-Jul Final Documentation&Books . 5 5 3 14 5 37 1
14-Jul Final Documentation&Books b 5 B 16.I - 5 39 1
15-Jule Final Documentation&Books. 5 3 16 5 39 -1
16-Jul Final Documentation$,books., 5. 5 8 16 5- 39 2
17-Jul 0
18-Jul 0
N/A Review With IDOT/Closeout '=5 1:1.5',' 20 100 - ,15 145 3
0 150 0 105 230 20 866 0 0 0 0 // 1448 85
ENGINEERING ENTERPRISES,INC.
CONSULTING ENGINEERS
SUGAR GROVE,IL
Exhibit B
Illinois Department
of Transportation Engineering Payment Report
Prime Consultant
Name Engineering Enterprises, Inc
Address 44W110 U.S. HWY 20, Hampshire, IL 60140
Telephone 847-683-3100
TIN Number 36-3150869
Project Information
Local Agency City of Elgin
Section Number 09-00177-00-RS
Project Number M-9003(314)
Job Number C-91-621-09
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
Terracon Consultants, Inc. 42-1249917
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 05611 (Rev.9/06)
Printed on 6/10/2009 11:05:11 AM
lierracon
Consulting Engineers&Scientists
June 3, 2009 4836 Colt Road
Rockford,Illinois 81109
Phone 915.873.0990
Engineering Enterprises, Inc. Fax 815.873.0991
44W 110 US Highway 20 www.terracon.com
Hampshire, Illinois 60140
Attention: Scott Prindiville, P.E.
Senior Project Engineer II
RE: Proposal for Construction Observation and Testing Services
City of Elgin Big Timber LAPP
Section No. 09-00177-00-RS
County: Kane
Elgin, Illinois
Terracon Proposal No. R1909114
Dear Mr. Prindiville:
Thank you for allowing Terracon Consultants, Inc. (Terracon) the opportunity to submit this
proposal to provide Construction Observation and Testing Services for the above referenced
project in Elgin, Illinois. We appreciate your consideration and look forward to our continued
relationship with EEI.
A. PROJECT INFORMATION
The proposed Big Timber Road roadway improvements will begin at the intersection of
Randall Road in the City of Elgin. The work consists of resurfacing the roadway, patching,
curb and gutter repairs, sidewalk repairs and striping. The project extends in a easterly
direction to its termination point. Roadway improvements are about 6,040 lineal feet. It is
our understanding that six (6) days of asphalt paving and six (6) day of concrete placement
are anticipated for the project.
B. SCOPE OF SERVICES
We understand that our scope of services will include performing QA on behalf of EEI and
the City of Elgin. Quality Control (QC) services will be performed by others on behalf of the
Contractor.
Concrete Inspection
An IDOT Level II Certified Plant Technician will perform testing at the concrete plant in
general accordance with the requirements of ACI 311.5R "Guide for Concrete Plant
Inspection of Ready Mixed Concrete" and IDOT's "Guidebook for Reporting Material
Terracon
Big Timber Road LAPP
Elgin, Illinois
Terracon Proposal No. R1909114
June 3, 2009
Page 2
Inspection on Portland Cement Concrete Mixtures", dated February 1, 2002. The technician
will be present at the batch operations to verify that the specified type and amount of
materials batched conform to the approved design mix proportions, or that batch weights fall
within the specified tolerances. Batch weight tickets will be obtained at the batching console
with type and batch weights of aggregate, cement, water cement ratio and admixtures
shown. The weights will be compared to the mix design. On a weekly basis, samples of fine
and coarse aggregate used in concrete batched will be returned to the laboratory for
moisture content and gradation determination. Slump and air content tests will be performed
on the batched concrete. Test results not in compliance with specification or mix design will
be immediately reported to EEI personnel.
Asphalt Field Testing
Density tests will be performed on the asphalt during placement. If requested, asphalt core
samples will also be taken to verify thickness and/or density.
Asphalt Plant Testing
An IDOT Certified Plant Technician will perform testing at the asphalt plant to verify that the
materials used to produce the mix meet the approved mix design. Our technician will
perform scale checks, record asphalt mix and aggregate temperatures and obtain aggregate
samples from stockpiles/hot bins for gradation tests. Test results not in compliance with
specifications or mix design will be reported to EEI personnel, City of Elgin, IDOT and Plant
QC personnel.
Asphalt Laboratory Testing
An IDOT Certified Technician will perform gradation tests of aggregate samples collected at
the plant and perform laboratory tests of the hot mix sample to determine specific gravity,
gradation, asphalt content and voids by extraction and gyratory method. Test results not in
compliance with specifications or mix design will be reported to EEI personnel.
Additional Services
Adjustments to the estimated scope described above may be necessary if additional project
information and/or specifications related to our work are altered. If you would like us to
perform additional services beyond the scope described above, let us know and we will issue
another short Supplement to the Agreement form, or Supplemental Proposal, which outlines
the additional work to be performed and the associated fees. To authorize us to begin this
additional work, you simply return a signed copy of the Supplement.
2 of 8
Terracon
Big Timber Road LAPP
Elgin, Illinois
Terracon Proposal No. R1909114
June 3,2009
Page 3
Test Results
Results of field tests will be submitted verbally to authorized personnel at the site upon
completion of the tests. Hand-written copies of our Daily Reports may be left at the job-site
trailer each day, if you desire. Final summaries of field tests and observations are usually
submitted at intervals of approximately one to two weeks. However, the report interval may
be adjusted to fit your needs.
Results of laboratory tests will be submitted either upon completion of tests or with the next
field services report.
The presence of and testing performed by our representative does not relieve the
contractor(s) or his agent(s)from contractual responsibilities and does not excuse defects in
his work. Our services specifically exclude job site safety responsibility, and our services do
not relieve any contractor/subcontractor from complying with project specifications.
Project Schedule
Our services will be provided as requested by you or your designated representative. We
recommend the services be scheduled a minimum of one (1) working day in advance. We
will endeavor to schedule services on lesser notice, but may not always be able to meet the
desired project schedule. All requests for services should be submitted to this office, (phone
815/873-0990).
C. COMPENSATION
The billing for our services will be based on the work performed and charged in accordance
with our schedule of fees listed below. We understand that this project will fall under Illinois
Prevailing Wage law.
UNIT RATES
Principal Engineer(P.E.) $140.00/hour
Project Engineer**(Project Coordination/Supervision and Reports) $90.00/hour
Field Technician* $94.26/hour
Lab Technician* $35.07/hour
Standard or Modified Proctor $175.00/each
Cylinders (Concrete, Mortar, Grout Compressive Strength Test) $18.00/each
Equipment/Vehicle Charge $55.00/trip
Nuclear Density Gauge $50.00/day
3 of 8
Terracon
Big Timber Road LAPP
Elgin, Illinois
Terracon Proposal No. R1909114
June 3,2009
Page 4
Sieve Analysis - Unwashed (ASTM C 136) $90.00/each
Sieve Analysis—Washed over#200 sieve (ASTM C 136) $110.00/each
Asphalt Content and Washed Gradation (Extraction/Reflux Method) $265.00/each
Core Density and Thickness $55.00/each
Coring Equipments (Coring Rig &Generator) $150.00/day
Super Pave (Gyratory Molded) Density(Set of 2 specimens) $250.00/set
Theoretical Maximum Specific Gravity $150.00/each
*Our unit rates are based on a normal 8-hour workday, Monday through Friday, between
normal business hours of 6:00am to 5:00pm. Overtime beyond 8-hours per day, outside
normal hours and on Saturday will be invoiced at a rate of 1.3 times the normal hourly rate
indicated above. Work on Sundays and Holidays will be invoiced at 2.0 times the hourly
rate. All site visits will be subject to a 4-hour minimum charge. Above rates are portal-to-
portal from our Rockford, Illinois office. The above rates are valid through the duration of the
project.
**A minimum of hour of Project Engineering time will be charged per technician per day.
Terracon's fees would be determined by the actual amount of technical time expended for
this project and the amount of laboratory testing performed. For the outlined scope of
services described in this proposal, and the estimated project duration, our total fee is
estimated to be on the order of $ 7,839.31, a breakdown of estimated number of visits for
each service type is included in the attached spreadsheet.
The actual cost of our services will depend on the construction schedule, weather, site
conditions and contractor performance. Please note that Terracon has little to no control
over the project schedule or the means and methods of construction. Therefore, the amount
of time required can vary somewhat and the estimated construction materials testing budget
can vary from our initial estimate.
D. AUTHORIZATION
This proposal is prepared for the exclusive use of Engineering Enterprises, Inc. This
proposal may be accepted by signing both originals of the attached Agreement for Services
and returning both executed copies along with this proposal to Terracon. One fully executed
copy will be returned to you for your files. This proposal is valid only if authorized within sixty
days from the listed proposal date.
4 of 8
Terracon
Big Timber Road LAPP
Elgin, Illinois
Terracon Proposal No. R1909114
June 3,2009
Page 5
Once again, we appreciate the opportunity to submit this proposal for the Construction
Testing Services, and we look forward to working with you on this project. If you have any
questions or would like to further discuss our scope of service, please do not hesitate to
contact us.
Sincerely,
Terracon Consultants, Inc.
Eric nz, P.E.
Office Manager
Attachments: Cost Estimate and Agreement for Services
5 of 8
Exhibit A-Preliminary Engineering
Route: Big Timber Road 'Firm's approved rates on file with IDOT'S
Local Agency: City of Elgin Bureau of Accounting and Auditing:
(municipality/Township/County)
Section: 09.00177-00-RS Overhead Rate(OH) 145.00%
Project: Complexity Factor(R) 0.00
Job No.: Calendar Days
Method of Compensation:
Cost Plus Fixed Fee 1 ri 14.5%(0L+R(DL)+OH(DL)+IHOC]
Cost Plus Fixed Fee 2 Li 14.5%[DL+R(DL)+1.4(DL)+[HOC]
Cost Plus Fixed Fee 3 0 14.5%[(2.3+R)DL+IHDC]
Specific Rate
Lump Sum El
Cost Estimate of Consultant's Services in Dollars
Element of Work Employee Man- Payroll Payroll Overhead" Services by In-House Direct Profit Total
Classification Hours Rate Costs(DL) Others Costs(IHDC)
PCC Testing
Field Testing Field Technician 20 33.60 672.00 974.40 238.73 1885.13
Laboratory Testing Lab Technician 2 12.50 25.00 36.25 8.88 70.13
Concrete
Compressive
Strength Test 12 18.00 216.00
Stockpile Gradation
(Washed) 4 110.00 440.00
Vehicle Usage 4 55.00 220.00
Bituminous Concrete Testing
Field Testing Field Technician 20 33.60 672.00 974.40 238.73 1885.13
ExtractionlAsphait
Content Tests 2 265.00 530.00
Bulk Specific Gravity
by Gyratory 2 250.00 500.00
Maxium Specific
Gravity 2 150.00 300.00
Stockpile Gradation
(Washed) 6 110.00 660.00
Laboratory Testing Lab Tech 2 12.50 25.00 36.25 8.88 70.13
Vehicle Usage 2 55.00 110.00
Nuclear Gauge 2 50.00 100.00
Report Review/Preparation
Project Review 'Project Manager 10 30.40 304.00 440.80 108.00 852.80
Total 90 1698.00 2462.10 603.21 7839.31
lierracon
AGREEMENT FOR SERVICES
This AGREEMENT is between Engineering Enterprises,Inc.("Client')and Terracon Consultants,Inc.("Consultant")for Services to be provided by
Consultant for Client on the Big Timber LAPP-Hampshire,IL project("Project),as described in the Project Information section of Consultant's
Proposal dated June 3,2009('Proposal')unless the Project is otherwise described in Exhibit A to this Agreement(which section or Exhibit is
Incorporated into this Agreement).
1. Scope of Services.The scope of Consultant's services is described In the Scope of Services section of the Proposal ("Services"), unless
Services are otherwise described in Exhibit B to this Agreement(which section or exhibit is incorporated Into this Agreement). Portions of the
Services may be subcontracted. Consultant's Services do not include the investigation or detection of,nor do recommendations in Consultant's
reports address the presence or prevention of biological pollutants(e.g.,mold,fungi,bacteria,viruses,or their byproducts)or occupant safety
issues, such as vulnerability to natural disasters,terrorism,or violence. If Services include purchase of software,Client will execute a separate
software license agreement.Consultant's findings,opinions,and recommendations are based solely upon data and information obtained by and
furnished to Consultant at the time of the Services.
2. Acceptance. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the
Services,and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Clients request,both
parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement.Additional
terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties.In the event Client uses a
purchase order or other form to administer this Agreement,the use of such form shall be for convenience purposes only and any additional or
conflicting terms it contains are stricken.This Agreement shall not be assigned by either party without prior written consent of the other party.
3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so
requests, Consultant will return to Client a statement(or supplemental proposal)of the change setting forth an adjustment to the Services and
fees for the requested changes.Following Client's review,Client shall provide written acceptance.if Client does not follow these procedures,but
Instead directs,authorizes, or permits Consultant to perform changed or additional work,the Services are changed accordingly and Consultant
will be paid for this work according to the fees stated or Its current fee schedule. if project conditions change materially from those observed at
the site or described to Consultant at the time of proposal,Consultant Is entitled to a change order equitably adjusting its Services and fee.
4. Compensation and Terms of Payment.Client shall pay compensation for the Services performed at the fees stated in the Compensation
section of the Proposal unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated into this
Agreement). If not stated in either, fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in
which they are Issued.Consultant may invoice Client at least monthly and payment is due upon receipt of invoice.Client shall notify Consultant In
writing, at the address below,within 15 days of the date of the Invoice If Client objects to any portion of the charges on the invoice, and shall
promptly pay the undisputed portion.Client shall pay a finance fee of 1.5%per month,but not exceeding the maximum rate allowed by law,for all
unpaid amounts 30 days or older.Client agrees to pay all collection-related costs that Consultant incurs,including attorney fees.Consultant may
suspend Services for lack of timely payment.If it is later determined that Illinois prevailing wage applies,then Client agrees to pay charges
reflecting prevailing wages from that point forward,as well as a retroactive adjustment to bring amounts previously paid in line with
prevailing wage.
5. Third Party Reliance.This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third
party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not Intended for third parties. For a
limited time period not to exceed three months from the date of the report, Consultant will Issue additional reports to others agreed upon with
Client,however Client understands that such reliance will not be granted until those parties sign and return Consultant's reliance agreement and
Consultant receives the agreed-upon reliance fee.
6. LIMITATION OF LIABILITY.CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS
PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE
RISKS SO, TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS
RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO
THE GREATER OF$25,000 OR ITS FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING
ATTORNEY AND EXPERT FEES)ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT REGARDLESS OF CAUSE(S)OR
THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY
TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY.
7. Indemnity/Statute of Limitations. Consultant and Client shall defend, indemnify, and hold harmless the other, their agents, and
employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or
expenses are caused by their negligent acts, errors,or omissions.In the event such claims, losses,damages,or expenses are caused by the
joint or concurrent negligence of Consultant and Client,they shall be borne by each party in proportion to its own negligence under comparative
fault prindples. Causes of action arising out of Consultant's services or this Agreement regardless of cause(s)or the theory of liability,Including
negligence,indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later
than the date of Consultant's substantial completion of services on the project.
8. Warranty.Consultant will perform the Services 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. CONSULTANT MAKES NO WARRANTIES OR GUARANTEES,
EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR
WARRANTIES IMPOSED BY LAW,INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Insurance. Consultant represents that It now carries, and will continue to carry: (i)workers' compensation Insurance In accordance with the
laws of the states having jurisdiction over Consultant's employees who are engaged In the Services, and employer's liability insurance
($1,000,000);(ii)commercial general liability insurance($1,000,000 occ!$2,000,000 agg);(ill)automobile liability insurance($1,000.000 B.I.and
P.D. combined single unit); and (iv)professional liability insurance($1,000,000 claim /agg). Certificates of insurance will be provided upon
request Client and Consultant shall waive subrogation against the other party on all general liability and property coverage.
Client and Owner are additional Insured with respect to general and auto liability.
Agreement Reference Number(Terracon Proposal or Project Number):R1909114
Page 1 of 2 Rev.3-06
I1'erracon
10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE;LOSS
OF USE OR OPPORTUNITY; LOSS OF GOOD WILL;COST OF SUBSTITUTE FACILITIES,GOODS,OR SERVICES;COST OF CAPITAL;
OR FOR ANY SPECIAL,CONSEQUENTIAL,INDIRECT,PUNITIVE,OR EXEMPLARY DAMAGES.
11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless
and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect,or geologist that Consultant
has violated the standard of care applicable to Consultant's performance of the Services.Client shall provide this opinion to Consultant and the
parties shall endeavor to resolve the dispute within 30 days,after which Client may pursue its remedies at law.This Agreement shall be governed
by and construed according to Kansas law.
12. Subsurface Explorations.Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings,test pits,or
other exploratory services.Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a
reasonable distance from those locations.Consultant will take reasonable precautions to reduce damage to the site when performing Services;
however,Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless
specifically Included in the Services.
13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures
indicate conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions
based on tests and field observations only for the work tested.Client understands that testing and observation are not continuous or exhaustive,
and are conducted to reduce-not eliminate-project risk.Client agrees to the level or amount of testing performed and the associated risk,Client
is responsible(even if delegated to contractor)for notifying and scheduling Consultant so Consultant can perform these Services. Consultant
shall not be responsible for the quality and completeness of contractor's work or their adherence to the project documents,and Consultant's
performance of testing and observation services shall not relieve contractor In any way from Its responsibility for defects discovered in its work,or
create a warranty or guarantee. Consultant will not supervise or direct the work performed by contractor or Its subcontractors and is not
responsible for their means and methods.
14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed In testing or disposed of upon completion of tests
(unless stated otherwise in the Services).Client shall furnish or cause to be furnished to Consultant all documents and information known or
available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or
contaminated materials ("Affected Materials") at or near the site, and shall immediately transmit new, updated, or revised information as it
becomes available.Client agrees that Consultant Is not responsible for the disposition of Affected Material unless specifically provided In the
Services,and that Client is responsible for directing such disposition.In the event that test samples obtained during the performance of Services
(I) contain substances hazardous to health, safety, or the environment, or (Ii) equipment used during the Services cannot reasonably be
decontaminated,Client shall sign documentation(if necessary)required to ensure the equipment and/or samples are transported and disposed of
properly, and agrees to pay Consultant the fair market value of this equipment and reasonable disposal costs. In no event shall Consultant be
required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligallon to make all spill or release
notifications to appropriate governmental agencies.The Client agrees that Consultant neither created nor contributed to the creation or existence of
any Affected Materials conditions at the site.Accordingly,Client waives any claim against Consultant and agrees to indemnify and save Consultant,its
agents, employees, and related companies harmless from any claim, liability or defense cost,including attorney and expert fees, for injury or loss
sustained by any party from such exposures allegedly arising out of Consultant's non-negligent performance of services hereunder,or for any claims
against Consultant as a generator,disposer,or arranger of Affected Materials under federal,state,or local law or ordinance.
15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain
Consultant's property.Proprietary concepts,systems,and ideas developed during performance of the Services shall remain the sole property of
Consultant.Files shall be maintained in general accordance with Consultant's document retention policies and practices.
16. Utilities.Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take
reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to
subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, Including by a utility locate service,or
are incorrectly shown on the plans furnished to Consultant.
17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses,and consents necessary to commence
and complete the Services and will execute any necessary site access agreement.Consultant will be responsible for supervision and site safety
measures for its own employees,but shall not be responsible for the supervision or health and safety precautions for any other parties,including
Client,Client's contractors,subcontractors,or other parties present at the site.
18. Termination.Either party may terminate this Agreement or the Services upon written notice to the other.In such case,Consultant shall be paid
costs incurred and fees earned to the date of termination plus reasonable costs of closing the project.
Consultant: Terracon Cons tant -Onc. Clie t: En ering Enterprises,Inc.
By: i'�� Date: 6/3/09 By: Date: }7 -07
Namelrtte: 4.Efe. D.Kunz, P.E.-Office Manager Na ille: �5a•I eq i� - Aare-4 /,0,c.
Address: 4836 Colt Road Address: {,.at LU,
Rockford, Illinois 61109 dl-145-f ✓� e r2 1'o S-$'yv
Phone: 815.873.0990 Fax: 815.873.0991 Phone: o to 4-'3 cz Fax: �r)Jtl66 - 3 80
Agreement Reference Number(Terracon Proposal or Project Number):R1909114
Page 2 of 2 Rev.3-06
.iPFE4
GN4 Cry
G . — City of Elgin
•o;: " " Ed Schock
Mayor
p9TPGE .:.
Council Members
Richard Dunne
Robert Gilliam
David Kaptain
June 11,2009 John Prigge
John Steffen
Michael Warren
Ms.Diane O'Keefe City Manager
Deputy Director,Region I Engineer Olufemi Fotarin
Illinois Department of Transportation
201 West Center Court
Schaumburg,IL 60196
Re: FAU 1302/Big Timber Road: Randall Rd.to McLean Blvd.(LAPP Improvements)
Phase III Construction Engineering Services Agreement
Section No.08-00177-00-RS
Project No.M-9003(314)
Job No. C-91-621-09
Type of Funding: STU
Existing Structure No.:N/A
City of Elgin
Dear Ms. O'Keefe:
The City of Elgin has been asked to submit a letter to certify that is has complied with the "Local
Government Professional Services Selection Act" 50 ILCS 510/0.01. The City of Elgin has
utilized Engineering Enterprises, Inc. as well as a few other engineering firms, to search for
grants to provide project funding. If the firm successfully obtains a grant, then that firm receives
the engineering services agreement from the City to prepare all necessary documents to bid the
particular project and then oversees construction. The agreement that employs the engineering
firm to obtain the grant is a no-fee agreement. I have attached a copy of the no-fee agreement
with Engineering Enterprises, Inc.for your consideration.
For the referenced project, the City elected to utilize Engineering Enterprises, Inc., 44W110 U.S.
Hwy 20, Hampshire, IL 60140 because they obtained the grant with your agency and in
accordance with the no-fee agreement and based on the following criteria:
1. The consultant's available resources to successfully undertake the proposed field survey work,
2. The qualifications of the consultant's personnel who would be assigned to work on this project,
3. The consultant's willingness to complete the construction engineering services in a given time
frame,and
4. The consultant is prequalified by the Illinois Department of Transportation to do this type of
work.
150 Dexter Court• Elgin, IL 60120-5555•Phone 847-931-6100• Fax 847-931-5610eTDD 847-931-5616
www.cityofelcjitt.org
In conclusion, the City believes it has met and exceeded the requirements of the "Local Government
Professional Services Selection Act". Should you have any questions,please contact me at the City Hall
.(847)931-5955.
Sincerely,
seph Evers P.E.
City Engineer
CC: Olufemi Eolarin,City Manager
David Lawry,P.E.,General Services Group Director
Omar Santos,P.E.,Civil Engineer I
150 Dexter Courts Elgin, 1L 60120-5555 *Phone 847-931-6100• Fax 847-931-5610.TDD 847-931-5616
vnaw.cityofelgin.org
AGREEMENT
Srillf—
THIS AGREEMENT is hereby made and entered into thiskUth day ofa , 2008, by and
between the CITY OF ELGIN, Illinois, a municipal corporation. (hereinafter referred to as
"CITY") and Engineering Enterprises, Inc., an Illinois corporation (hereinafter referred to as
"ENGINEER").
WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional
services for a pant writer program to apply on behalf of the CITY for grants from various
agencies for projects in the CITY's approved five-year capital plan as well as other programs and
services that benefit the CITY;and
WHEREAS,the ENGINEER represents that it is in compliance with Illinois Statutes relating
to professional registration of individuals and has-the necessary expertise and experience to
furnish such services upon the terms and conditions set forth herein below.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is hereby mutually acknowledged, the CITY does
hereby retain the ENGINEER to act for and represent the CITY in the matters involved in the
PROJECT as described herein,subject to the following terms and conditions and stipulations,to-
I. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the Director of Public
Works of the CITY,herein after referred to as the"DIRECTOR".
B. The ENGINEER shall provide the grant administration consultive services for the
- CITY as described in Exhibit A attached hereto entitled"Scope of Services City of
Eight Grant Writer Program"a copy of which is attached hereto andincorporated
herein by this reference.
IL SCHEDULE
The ENGINEER shall provide the services outlined in Exhibit A within a two year
time frame following the entry into and execution of this Agreement_ The
ENGINEER shall submit to the DIRECTOR status reports every ninety (90) days
providing a brief progress report identifying progress, findings and outstanding
issues.
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lit WORK PRODUCTS
All work products prepared by the ENGINEER pursuant hereto including,but not
limited to,applications,reports,designs,calculations,work drawings,studies,
photographs,models and recommendations shall be the property of the CITY and
shall be delivered to the CITY upon request of the DIRECTOR,provided,however,
that the ENGINEER may retain copies of such work products for its records. Such
work products are not intended or represented to be suitable for reuse by the CITY on
any extension to the PROJECT or on any other project,and such reuse shall be at the
sole risk of the CITY without liability to the ENGINEER.
IV. COMPENSATION TO THE ENGINEER
As compensation for the performance of the described services the CITY agrees to
select the ENGINEER to perform the planning, designing, construction engineering
services for any project for which outside funding is secured as a result of the
ENGINEER'S grant writing services. The form of any such future agreements
between the CITY and the ENGINEER shall be as substantially set forth in this
Agreement. Compensation to the ENGINEER in any such future agreements is to be
negotiated as part of such a separate agreement and such separate agreements are
subject to the parties agreeingon reasonable compensation to the ENGINEER. The
pe
fiscal year for the CITY is the 12 month period ending December 31_ The obligations
of the CITY to proceed with any project for which outside funding is secured as a
result of the ENGINEER'S grant writing services or to proceed with any agreement
with the ENGINEER in connection with any such project are subject to and •
contingent upon the appropriation of funds by the City Council of the CITY for any
such projects and for any such related agreements with the ENGINEER for such
projects.
V. NON-EXCLUSIVITY
This agreement sha11 not be exclusive. City may enter into any agreements with any
other entity regarding the subject matter hereof at any lime and for any reason without
liability to ENGINEER .
VI. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof,the CITY may terminate this Agreement
at any time upon fifteen(15)days prior written notice to the ENGINEER
VII. TERM
This Agreement shall terminate on August 31,2010.
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W`L INTENTIONALLY OMITTED
IX. BREACH OF CONTRACT
If either party violates or breaches any terra of this Agreement,such violation or
breach shall be deemed to constitute a default,and the other party has the right to
seek such administrative,contractual or legal remedies as may be suitable to the
violation or breach;and,in addition,if either party,by reason of any default,fails
within fifteen(15)days after notice thereof by the other party to comply with the
conditions of the Agreement,the other party may terminate this Agreement
X. INDEMNIFICATION
To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify,
defend and hold harmless the CITY, its officers, employees, agents, boards and
commissions from and against any and all claims, suits,judgments, costs, attorney's
fees, damages or other relief, including but not limited to workers' compensation
claims,in any way resulting from or arising out of negligent actions or omissions of
the ENGINEER in connection herewith, including negligence or omissions of
employees or agents of the ENGINEER wising out of the performance of this
Agreement. In the event of any such action against the CITY,its officers,employees.
agents, boards or commissions, covered by the foregoing duty to indemnify, defend
and hold harmless such action shall be defended by legal counsel of the CITY's
choosing. The provisions of this paragraph shall survive any termination or
expiration of this agreement.
XL NO PERSONAL LIABILITY
No official,director, officer,agent or employee of the CITY shall be charged
personally or held contractually liable under any term or provision of this Agreement
or because of their execution,approval or attempted execution of this Agreement.
XII. INSURANCE
A. Comprehensive Liability. The ENGINEER shall provide,pay for and
maintain in effect,during the term of this Agreement, a policy of comprehensive
general liability insurance written in occurrence form with limits of at least
$1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property
damage.
The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance
naming the CITY AS ADDITIONAL INSURED. The policy shall not be
modified or terminated without thirty (30) days prior written notice to the
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DIRECTOR,
Such Certificate of Insurance shal 1 include,but not be limited to,coverage for the
obligations assumed by ENGINEER pursuant to Article X herein entitled
"Indemnification".
Such above-referenced insurance shall apply as primary insurance with respect to
any other insurance or self-insurance programs afforded to the CITY. There shall
be no endorsement or modification of this insurance to make it excess over other
available insurance, alternatively, if the insurance states that it is excess or
prorated,it shall be endorsed to be primary with respect to the CITY.
B. Comprehensive Automobile Liability. Comprehensive Automobile
Liability Insurance written in occurrence form covering all owned, non-owned
and hired motor vehicles with limits of not less than$500,000 per oc urrerice for
damage to property.
C. Combined Single Limit Policy. The requirements for insurance coverage
for the general liability and auto exposures may be met with a combined single
limit of$1,000,000 per occurrence subject to a$1,000,000 aggregate.
I). Professional Liability. The ENGINEER shall carry Engineer's
Professional Liability Insurance covering claims resulting from error, omissions
or negligent acts with a combined single limit of not less than $1,000,000 per
occurrence. A Certificate of Insurance shall be submitted to The DIRECTOR as
evidence of insurance protection. The policy shall not be modified or terminated
without thirty(30)days prior written notice to the DIRECTOR.
XIII INTENTIONALLY OMITTED
XIV. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement,
there shall be no discrimination against any employee or applicant for employment
because of sex, age,race, color,creed,national origin,marital status,of the presence
of any sensory, mental or physical handicap, unless based upon a bona fide
occupational qualification, and this requirement shall apply to, but not be limited to,
the following: employment advertising, layoff or termination, rates of pay or other
forms of compensation and selection for training,including apprenticeship.
No person shall be denied or subjected to discrimination in receipt of the benefit
of any services or activities made possible by or resulting from this Agreement on the
grounds of sex, race, color, creed, national origin, age except minimum age and
_ $-
retirement provisions, marital status or the presence of any sensory, mental or
physical handicap. Any violation of this provision shall be considered a violation of a
material provision of this Agreement and shall be grounds for cancellation,
termination or suspension, in whole or in part,of the Agreement by the CITY.
XV. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the
successors and the assigns of the parties hereto; provided, however, that no
assignment shall be made without the prior written consent of the CITY.
XVL DELEGATIONS AND SUBCONTRACTORS
Any assignment,delegation or subcontracting shall be subject to all the terms,
conditions and other provisions of this Agreement and the ENGINEER shall remain
liable to the CITY with respect to each and every item,condition and other provision
hereof to the same extent that the ENGINEER would have been obligated if it had
done the work itself and no assignment,delegation or subcontract had been made.
Any proposed subcontractor shall require the CITY's advanced written approval.
XVII. NO CO-PARTNERSHIP OR AGENCY
This agreement shall not be construed so as to create a partnership,joint venture,
employment or other agency relationship between the parties hereto,except to such
extent as may be specifically provided for herein.
XVII. SEVERABILITY
The patties intend and agreed that,if any paragraph,sub-paragraph.,phrase,
clause or other provision of this Agreci,uent,or any portion thereof shall be held to be
void or otherwise unenforceable,all other portions of this Agreement shall remain in
full force and effect.
XIX_ HEADINGS
The headings of the several paragraphs of this Agreement are inserted only as
a matter of convenience and for reference and in no way are they intended to define,
limit or describe the scope of intent of any provision of this Agreement,nor shall they
be construed to affect in any manner the terms and provisions hereof or the
interpretation or construction thereof.
XX. SOLE AGREEMENT
This agreement and its attachments constitutes the entire and sole agreement of the
parties hereto regarding the subject matter hereof and may not be changed,modified,
discharged or extended except by written amendment duly executed by the parties
hereto. There are no other agreements, either oral or implied, regarding the subject
matter hereof. No representations or warranties shall be bindingupon the other
P Po party
unless expressed in writing herein or in a duly executed written amendment hereof or
written change order as herein provided.
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XXL APPLICABLE LAW
This Agreement shall be deemed to have been made in,and shall be construed
in accordance with the laws of the State of Illinois. Venue for the resolution of any
disputes or the enforcement of any rights pursuant to this agreement shall be in the
Circuit Court of Kane County,Illinois.
XXII. NEWS RELEASES
The ENGINEER may not issue any news releases without prior approval from
the DIRECTOR,nor will the ENGINEER snake public proposals developed under
this Agreement without prior written approval from the DIRECTOR prior to said
documentation becoming matters of public record.
XXIII. COOPERATION WITH OTHER CONSULTANTS
The ENGINEER Shall cooperate with any other consultants in the CITY's
employ or any work associated with the PROJECT.
XXIV. INTERFERENCE WITH PUBLIC CONTRACTING
The ENGINEER certifies hereby that it is not barred from bidding on this
contract as a result of a violation of 720 ILCS 5/33E et seq. Or any similar state or
federal statute regarding bid rigging.
XXV, SEXUAL HARASSMENT
As a condition of this contract,the ENGINEER shall have written sexual harassment
policies that include,at a minimum,the following information:
A. the illegality of sexual harassment;
B. the definition of sexual harassment under state law;
C. a description of sexual harassment,utilizing examples;
D. the vendor's internal complaint process including penalties;
E. the legal recourse, investigative and complaint process available through the
Illinois Department of Human Rights,and the Illinois Human Rights
Commission;
F. directions on how to contact the department and commission;
G. protection against retaliation as provided by Section 6-101 of the.Human Rights
Act.
A copy of the policies mast be provided to the Department of Human Rights upon
request 775 ILLS 92-105.
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XXVL WRITTEN COMMUNICATIONS
All recommendations and other communications by the ENGINEER to the
DIRECTOR and to other participants which may affect cost or time of completion,
shall be made or confirmed in writing. The DIRECTOR may also require other
recommendations and communications by the ENGINEER be made or confirmed in
writing.
XXVIL COMPLIANCE WITH LAWS
Notwithstanding any other provision of this AGREEMENT it is expressly agreed and
understood that in connection with the performance of this AGREEMENT that the
ENGINEER shall comply with all applicable Federal,State,City and other
requirements of law,including,but not limited to,any applicable requirements
regarding prevailing wages,minimum wage,.workplace safety and Iegal status of
employees.Without limiting the foregoing,ENGINEER hereby certifies,represents
and warrants to the CITY that all ENGINEER's employees and/or agents who will be
providing products and/or services with respect to this AGREEMENT shall be legal
residents of the United States.ENGINEER shall also at its expense secure all permits
and licenses,pay all charges and fees and give all notices becessary and•incident to
the due and lawful prosecution of this AGREEMENT.The CITY shall have the right
to audit any records in the possession or control of the ENGINEER to determine
ENGINEER's compliance with the provisions of this section.In the event the CITY
proceeds with such an audit the ENGINEER shall make available to the CITY the
ENGINEER'S relevant records at no cost to the CITY_
XXVIII. NOTICES
All notices,reports and documents required under this Agreement shall be
in writing and shall be mailed by First Class Mail,postage prepaid,addressed as
follows:
A. As to CITY:
JOHN LOETE,P.E.
Director of Public Works
City of Elgin
150 Dexter Court
Elgin,Illinois 60120-5555
_g
B_ As to ENGINEER:
THOMAS W.TALSMA
Vice President
Engineering Enterprises,Inc
52 Wheeler Road
Sugar Grove,Illinois 60554
IN WITNESS WHEREOF,the undersigned have placed their hands and seals upon and
executed this Agreement in triplicate as though each copy hereof was an original and that there
are no other oral agreements that have not been reduced to writing in this statement,
For the CITY:
ATTEST: THE CITY OF ELGIN
By • r. u► a By �.�.
City Clerk G °, Ci Manag
(SEAL) f,
10.11
For the ENGIN z
Dated this Tday of August,A.D.,2008
ATTEST:
By 11 lZ�(.. y_ By WMPtika
Secretary Vice President
(SEAL) ���•� GMrEiQ 04)
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0. (822668l1Fr: PROR ,siotS0rEm
3v}1 N
OF E(C4.
G' a- City of Elgin Memorandum
fi-
e y
`RATEDFE,
Date: November 4, 2009
To: Omar Santos, Civil Engineer
From: Jennifer Quinton, Deputy City Clerk
Subject: Resolution No. 09-227, Adopted at the October 28, 2009, Council Meeting
Enclosed you will find the afire=-••--� 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.
• IDOT Construction Engineering Services Agreement for Federal Participation
with Engineering Enterprises, Inc. for the Big Timber Road Pavement
Preservation Project(Randall Road to McLean Boulevard)