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HomeMy WebLinkAbout10-159 T f Resolution No. 10-159 RESOLUTION AUTHORIZING EXECUTION OF AN ILLINOIS DEPARTMENT OF TRANSPORTATION CONSTRUCTION ENGINEERING SERVICES AGREEMENT FOR FEDERAL PARTICIPATION WITH ENGINEERING ENTERPRISES, INC. FOR THE BIG TIMBER ROAD LOCAL AGENCY PAVEMENT PRESERVATION PROJECT (McLean Boulevard to State Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an Illinois Department of Transportation Construction Engineering Services Agreement on behalf of the City of Elgin for federal participation with Engineering Enterprises, Inc. for the Big Timber Road Local Agency Pavement Preservation Project, McLean Boulevard to State Street, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: August 11, 2010 Adopted: August 11, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk 1 coal Acllkcy Consultant City of Elgin L Illinois Department Engineering Enterprises, Inc. • p of Transportation c County, C o Address Kane A N 52 Wheeler Road Section L S City 10-00046-00-RS U Sugar Grove Project No. A Construction Engineering State ARA-9003(644) Services Agreement IL Job No. Zip Code C 91 547 10 E Federal ParticipationFor A 60554 Contact Name/Phone/E-mail Address N N Contact Name/Phone/E-mail Address Mr. Joseph Evers P. E., 847-931-5955 C T Jason M. Bauer, P.E. 630-466-6700 evers_j@cityofelgin.org Y jbauer@eeiweb.com THIS AGREEMENT is made and entered into this l lth day of August 2010 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 FAP 527 Length 1.08 mi. Structure No. N/A Termini FAU 2509 (McLean Boulvedard)to FAP 860 (IL Route 31 /State Street) Description: This work shall consist of milling and resurfacing (0.75" leveling binder,2.0" surface)the above mentioned roadway, repairing damaged sections of curb and gutter, replacing damaged sidewalks, patching, 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 1d. the ENGINEER is to obtain samples for testing according to the STATE BMPR"Project Procedures Guide", or as indicated in the specifications, or as attached herein by the LA; test according to the STATE BMPR"Manual of Test Procedures for Materials",submit STATE BMPR inspection reports; and verify compliance with contract specifications. ® 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) Printed on 7/7/2010 12:08:52 PM In h. Geometric control including all construction staking and construction layouts. Z i. Quality control of the construction work in progress and the enforcement of the contract provisions in accordance with the STATE Construction Manual. ® j. Measurement and computation of pay items. • k. Maintain a daily record of the contractor's activities throughout construction including sufficient information to permit verification of the nature and cost of changes in plans and authorized extra work. • 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 fee for the fully completed work. 7• That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable to improvement of the SECTION;and that the ENGINEER has sufficient 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) Printed on 7/7/2010 12:08:52 PM L11. 'Td pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA. 12. To suanlit 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 El 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) Printed on 7/7/2010 12:08:52 PM III. It is Mutually Agreed, 1. That the ENGINEER and the ENGINEER's subcontractors will maintain all books,documents, papers,accounting records and other evidence pertaining to cost incurred and to make such materials available at their respective offices at all reasonable times during the AGREEMENT period and for three years from the date of final payment under this AGREEMENT,for inspection by the STATE, Federal Highway Administration or any authorized representatives of the federal government and copies thereof shall be furnished if requested. 2. That all services are to be furnished as required by construction progress and as determined by the 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 contractor's safety precautions, except as provided in numbered paragraph 1f 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) Printed on 7/7/2010 12:08:52 PM • t (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 $89,008.19 Sub-Consultants: TIN Number Agreement Amount Terracon Consultants, Inc. (Terracon) 42-1249917 $1,041.15 Sub-Consultant Total: $1,041.15 Prime Consultant Total: $89,008.19 Total for all Work: $90,049.34 Executed by the LA: City of Elgin (Municipality/Township/County) ATTEST: By: nM- �t �m ►tea By: Diane Robertson Ed Schock Clerk Title: Mayor foesno. CS F�. the a. Executed by the E ; {///p 4c) 9 ' Engineering Enterprises, Inc. ATTEST: By: QU Ail/ 5iiptifit( 41/ ittix Title: Administrative Assistant Title: Vice President Page 5 of 7 BLR 05611 (Rev.9/06) Printed on 7/7/2010 12:08:52 PM EXHIBIT A ROUTE:FAP 527/BIG TIMBER ROAD PHASE III-CONSTRUCTION ENGINEERING "FIRMS APPROVED RATES ON FILE WITH DOTS LOCAL AGENCY:CITY OF ELGIN BUREAU OF ACCOUNTING AND AUDITING: (MUNICIPALITY/TOWNSHIP/COUNTY) SECTION:10-00046.00-RS OVERHEAD RATE: 185.00 PROJECT: ARA-M-9003(644) BIG TIMBER ROAD LAPP RESURFACING COMPLEXITY FACTOR: ■0 0 0.035 0 0. JOB NO.: C-91.554-10 CALENDAR DAYS: TYPE OF FUNDING:ARU/STU ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST EXISTING STRUCTURE NO.:N/A PROFESSIONAL ENGINEERING AND LAND SURVEYING SERVICES Engineer's Compensation X CPFF=14.5%IDL+R(DL)+OH(DL)+!HOC),or CPFF-14.5%IOL+R(DL)+I.4(DL)+IHOCI.or CPFF=14.5%[(2.3+R)DL+HOC) PAYROLL AVG, PROJECT ADMINISTRATION PROJECT LAYOUT PROJECT OBSERVATION PROJECT DOCUMENTATION CLASSIFICATION HOURLY % WGTD % WGTD % WGTD % WGTD RATES HOURS PART. RATE HOURS PART. RATE HOURS PART. RATE HOURS PART. RATE 1 SENIOR PRINCIPAL $ 55.77 0.00 0.00 0.00 0.00 0.00 0.00 0.00 I 2 PRINCIPAL $ 50.12 20 27.78 13.92 4 6.90 3.46 12 2.31' 1.16 12 6.86 3 SENIOR PROJECT MANAGER $ 44.26 0.00 0.00 0.00 0.00 0.00 0.00 0.00 I 4 PROJECT MANAGER $ 38.56 20 27.78 10.71 16 27.59 10.64 96 18.46 7.12 76 43.43 1( 5 SENIOR PROJECT ENGINEER/PLANNER/SURVEYOR II $ 35.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6 SENIOR PROJECT ENGINEER/PLANNER/SURVEYOR I $ 30.50 20 27.78 8.47 24 41.38 12.62 300 57.69 17.60 70 40.00 1: 7 PROJECT ENGINEERJPLANNER/SURVEYOR $ 25.24 0.00 0.00 10 17.24 4.35 100 19.23 4.85 0.00 8 SENIOR PROJECT TECHNICIAN II $ 36.18 0.00 0.00 0.00 0.00 0.00 0.00 0.00 9 SENIOR PROJECT TECHNICIAN I $ 30.70 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10 PROJECT TECHNICIAN _$ 26.99 0.00 0.00 0.00 0.00 0.00' 0.00 0.00 11 ADMINISTRATIVE ASSISTANT $ 20.21 12 16.67 3.37 4 6.90 1.39 12 2.31 0.47 17 9.71 • TOTALS 72 100 36.47 58 100 32.46 520 100 31.19 175 100 3, $2,626.12 $1,882.68 616,219.72 $6,01( PAYROLL AVG. CLASSIFICATION HOURLY MAN PAYROLL PAYROLL BURDEN OVERHEAD RATES HOURS COSTS &FRINGE COSTS &EXPENSES PROFIT TOTAL 'FIRMS IDOT RATES AS OF MAY 12,2C09 SENIOR PRINCIPAL $ 55.77 0 0.00 0.00 0.00 0.00 0 PRINCIPAL $ 50.12 48 2,405.76 1,424.21 3,026.45 994.18 7,850 SENIOR PROJECT MANAGER $ 44.26 0 0.00 0.00 0.00 0.00 0 PAYROLL BURDEN&FRINGE: 59.20% PROJECT MANAGER $ 38.56 208 8,020.48 4,748.12 10,089.76 3,314.46 26,172 OVERHEAD&EXPENSES: 125.80% SENIOR PROJECT ENGINEER/PLANNER/SURVEYOR II $ 35.21 0 0.00 0.00 0.00 0.00 0 PROFIT 14.50% SENIOR PROJECT ENGINEER/PLANNER/SURVEYOR I $ 30.50 414 12,627.00 7,475.18 15,884.77 5,218.11 41,205 PROJECT ENGINEER/PLANNER/SURVEYOR $ 25.24 110 2,776.40 1,643.63 3,492.71 1,147.35 9,060 SENIOR PROJECT TECHNICIAN II $ 36.18 0 0.00 0.00 0.00 0.00 0 SENIOR PROJECT TECHNICIAN I $ 30.70 0 0.00 0.00 0.00 0.00 0 PROJECT TECHNICIAN $ 26.99 0 0.00 0.00 0.00 0.00 0 ADMINISTRATIVE ASSISTANT $ 20.21 45 909.45 538.39 1,144.09 375.83 2,967 SUB TOTAL 825 526,739.09 $15,829.54 $33,637.78 $11,049.93 587,251 SERVICES BY OTHERS TERRACON CONSULTANTS,INC.(TERRACON) _ $1,04' IN-HOUSE DIRECT COSTS TRANSPORTATION 1,53( PROFIT 221.85 22' SUBTOTAL . $221.85 $2,79: ADDITIONAL PROJECT TOTAL J I I I I ( $11,271.781 590,041 \\PHOBOS\EEI_Storage\Dots\Public\Elgin\2009\EG0908 Big Timber Road(EAST)LAPP(McLean Blvd.to State St.)\Engineering Agreements/Phase III\[BLR 05611 Exhibit A Construction Engineering Big Timber 2010-04-22.xlsjExhit ENGINEERING ENTERPRISES,INC. CONSULTING ENGINEERS SUGAR GROVE,IL Page 1 • Exhibit B Illinois Department of Transportation Engineering Payment Report Prime Consultant Name Engineering Enterprises, Inc Address 52 Wheeler Road, Sugar Grove, IL 60554 Telephone 630-466-6700 TIN Number 36-3150869 Project Information Local Agency City of Elgin Section Number 10-00046-00-RS Project Number ARA-9003(644) Job Number C-91-547-10 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 7/7/2010 12:08:52 PM ENGINEERING ENTERPRISES, INC. PAYROLL HOURLY RATE RANGE PROFESSIONAL ENGINEERING&LAND SURVEYING SERVICES April 2010 HOURLY AVERAGE PAYROLL RATE HOURLY CLASSIFICATION RANGE RATE [E-4]Senior Principal $54.81 -$57.69 $55.77 [E-3]Principal $36.06-$54.81 $50.12 [E-2]Senior Project Manager $42.71 -$48.86 $44.26 [E-1]Project Manager $34.32-$50.00 $38.56 [P-6]Sr. Project Engineer/Planner/Surveyor II $34.54-$36.32 $35.21 [P-5]Sr. Project Engineer/Planner/Surveyor I $28.08-$32.00 $30.50 [P-4] Project Engineer/Planner/Surveyor $23.08-$31.25 $25.24 [T-6]Sr. Project Technician II $33.05-$39.32 $36.18 [T-5]Sr. Project Technician I $29.73-$31.67 $30.70 [T-4]Project Technician $26.99-$26.99 $26.99 [A-3]Administrative Assistant $14.33-$25.88 $20.21 CONFIDENTIAL BIG TIMBER ROAD LAPP RESURFACING PROJECT CITY OF ELGIN Section No. 10-00046-00-RS DIRECT EXPENSES DESCRIPTION: NO. UNIT COST/UNIT COST Vehicle/Transportation 34 Day $ 45.00 $ 1,530.00 Total $ 1,530.00 i Engineering BigTimber 2010-04-22.xls]Direct 908 Big Timber Road(EAST)LAPP(McLean Blvd.to State St.)\Engineering Agreements\Phase III\[BLR 05611 Exhibit A Construction E g g 1 , ESTIMATED CONSTRUCTION ENGINEERING SERVICES FOR THE BIG TIMBER ROAD LAPP PROJECT Project Information: Key Dates: Section: 10-00046-00-RS Letting:July 30,2010 City:Elgin (anticipated) Award:August 30,2010 County:Kane (anticipated) Begin Construction:Sept.20,2010 Personnel Hours Required 0 0 o C C a as a) a)a .at 2 a °) 'a-)) Z Z Z c •2 a a a 7 7 7 = = 5 — a) Cr C cn Cl) U U C U) Q [[ as a a) a) a) a) a a) a C C C d U 2' j C U C C U "5C (1) a)N a c6 a O 2 a) a) U ? N ❑. c C � `ap a d 'pp N 7 H ri a. 2 i a a a) a) a ri H- 7, =O 'VO O N O C O .0 C O O N CE @ a)U ECE .o = -ET)" •E ) o o) •E •E . "Euac nwww o 0 Date: Construction Engineering Service a = < a i i a < I- > Var. Misc.Admin.,Organization,Meetings 20 20 20 12 72 12-Sep 0 13-Sep Construction Layout 4 10 10 24 1 14-Sep Markout Removal Limits 2 2 1 15-Sep Prepare Books 4 4 4 12 16-Sep Pre-Construction Meeting 4 4 4 12 1 17-Sep Prepare Books 4 4 8 18-Sep 0 19-Sep 0 20-Sep Construction Observation&Doc. 4 10 14 1 21-Sep Construction Observation&Doc. 10 10 1 22-Sep Construction Observation&Doc. 4 10 14 1 23-Sep Construction Observation&Doc. 10 10 1 24-Sep Const.Observation, Doc.,Reports 2 8 10 2 22 1 25-Sep 0 26-Sep 0 27-Sep Construction Observation&Doc. 4 10 14 1 28-Sep Construction Observation&Doc. 10 10 1 29-Sep Construction Observation&Doc. 4 10 14 1 30-Sep Construction Observation&Doc. 10 10 1 1-Oct Const.Observation,Doc.,Reports 2 8 10 2 22 1 2-Oct 0 3-Oct 0 4-Oct Construction Observation&Doc. 4 10 14 1 5-Oct Construction Observation&Doc. 10 10 1 6-Oct Construction Observation&Doc. 4 10 14 1 7-Oct Construction Observation&Doc. 10 10 1 8-Oct Const.Observation, Doc.,Reports 2 8 10 2 22 1 9-Oct 0 10-Oct 0 11-Oct Construction Observation&Doc. 4 10 14 1 12-Oct Construction Observation&Doc. 10 10 1 13-Oct Construction Observation&Doc. 4 10 14 1 14-Oct Construction Observation&Doc. 10 10 1 15-Oct Const.Observation,Doc.,Reports 2 8 10 2 22 1 16-Oct 0 17-Oct 0 18-Oct Construction Observation&Doc. 4 10 10 24 1 19-Oct Construction Observation&Doc. 10 10 20 1 20-Oct Construction Observation&Doc. 4 10 10 24 1 21-Oct Construction Observation&Doc. 10 10 20 1 22-Oct Const.Observation,Doc., Reports I 2 8 10 10 2 32 1 23-Oct 0 24-Oct 0 25-Oct Construction Observation&Doc. 4 10 10 24 1 26-Oct Construction Observation &Doc. 10 10 20 1 27-Oct Construction Observation&Doc. 4 10 10 24 1 28-Oct Construction Observation&Doc. 10 10 20 1 29-Oct Const.Observation,Doc., Reports 2 8 10 10 2 32 1 30-Oct 0 31-Oct 0 1-Nov Final Documentation&Books 8 8 16 2-Nov Final Documentation&Books 8 8 16 3-Nov Final Documentation&Books 8 8 16 4-Nov Final Documentation&Books 8 8 6 22 5-Nov Final Documentation&Books 4 8 8 6 26 6-Nov 0 7-Nov 0 N/A Review With IDOT/Closeout 8 36 30 5 79 1 0 48 0 208 0 414 110 0 0 0 45 825 34 ENGINEERING ENTERPRISES,INC. CONSULTING ENGINEERS c,,, nn ronvC n City of Elgin Mayor • ` �` �' A Ed Schock • Nr^ A°R�rn0 Council Members Richard G. Dunne Robert Gilliam April 22, 2010 David J. Kaptain John H. Prigge Ms. Diane O'Keefe F. John Steffen Mike Warren Deputy Director, Region 1 Engineer Illinois Department of Transportation City Manager 201 West Center Court Sean R. Stegall Schaumburg, IL 60196 Re: FAP 527/Big Timber Road: FAU 2509(McLean Boulevard)to FAP 860 (State Street/ IL Route 31) (LAPP Improvements) Phase III Construction Engineering Services Agreement Section No. 10-00046-00-RS Project No. ARA-M-9003(644) Job No. C-91-547-10 Type of Funding: ARU/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., 52 Wheeler Road, Sugar Grove, IL 60554 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. 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(847) 931-5955. Sincerely, CtT OF ELGIN eph Evers P. E. City Engineer 150 Dexter Court • Elgin, IL 60120-5555 • Phone 847/931-6100 • Fax 847/931-5610 • TDD 847/931-5616 www.cityofelgin.orq AGREEMENT • THIS AGREEMENT is hereby made and entered into this' . day of , 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 grant 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- wit: 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 Elgin Grant Writer Program"a copy of which is attached hereto and incorporated herein by this reference. II. 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. -2 - IIL 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 agreeing on reasonable compensation to the ENGINEER The 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 e�r(s ArtMc, V. NON-EXCLUSIVITY This agreement shall not be exclusive. City may enter into any agreements with any other entity regarding the subject matter hereof at any time 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. - 3 - VIII. INTENTIONALLY OMITTED IX. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement,such violation or breach shall be deemed to constitute a default,and the other party has the right to seek such administrative,contractual or legal remedies as may be suitable to the violation or breach; and, in addition,if either party,by reason of any default,fails within fifteen(15)days after notice thereof by the other party to comply with the conditions of the Agreement,the other party may terminate this Agreement. 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 arising 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 -4- DIRECTOR. Such Certificate of Insurance shall 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 occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of$1,000,000 per occurrence subject to a$1,000,000 aggregate. 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. Noperson shall be denied or to discrimination in receipt of the benefit subjectedP of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national orig n, age except minimum age and 1 I - 5 _ 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. XVI. 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. XVIII. SEVERABILITY The parties intend and agreed that,if any paragraph,sub-paragraph,phrase, clause or other provision of this Agreement,or any portion thereof, shall be held to be void or otherwise unenforceable,all other portions of this Agreement shall remain in full force and effect. 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 binding upon the other party unless expressed in writing herein or in a duly executed written amendment hereof,or written change order as herein provided. -6- XXI. 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 make 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 lable throughthe Illinois Department of Human Rights,and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies must be provided to the Department of Human Rights upon request 775 ILCS 5/2-105. -7- XXVI. 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. XXVII. 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 legal 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. XXVIIL 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: A ITEST: THE CITY OF ELGIN , kfta ,...„...., City Clerk ' t-G1N Ci ' Manag vii,,,,,,,4„, (SEAL) ;r '' For the ENGINE'` '...........'. iill Dated this 1 day of August,A.D.,2008 AT PEST: By u By 'AVM �� Secretary Vice President �i (SEAL) �G ENt�4,Qq�`,.;: Z • eal: 184-2003`4'cP y �� zi s t- err,ry j,r' June 11, 2010 Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 Attention: Mr. Tim Weidner Senior Project Engineer I RE: Proposal for Quality Assurance (QA) Testing Services Big Timber Road (FAU 1302) SECTION: 10-00046-00-RS Project No.: ARA-M-9003(644) Job No.: C-91-547-10 Elgin, Illinois Terracon Proposal No.: P11100244B Dear Mr. Weidner: 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 the City of Elgin, Illinois. We appreciate your consideration and look forward to our continued relationship with EEI. A. PROJECT INFORMATION We understand that this project will be on the July 30, 2010 State Letting and construction will most likely begin in late September 2010. Plant testing is not required. EEI will cast the required concrete cylinders for the project; Terracon will break them in our IDOT approved laboratory. B. SCOPE OF SERVICES We understand that our scope of services will include performing Quality Assurance (QA) on behalf of EEI and the City of Elgin. Quality Control (QC) services will be performed by others on behalf of the Contractor. The anticipated frequency of sampling and testing was outlined in your April 13, 2010 email. Based on this email, we understand that Terracon will be required to test 3 cores for density/thickness, break 4 concrete cylinders for compressive strength and provide an IDOT certified technician for one day for asphalt density testing. Terracon Consultants, Inc. 135 Ambassador Drive Naperville, IL 60540 P [6301 717 4263 F [630) 357 9489 terracon.com ELM= neironmental Construction ials I Facilities 1 i Big Timber Road (FAU 1302) Terracon Consultants, Inc. City of Elgin, Illinois Terracon Proposal No. P11100244B June 11, 2010 Concrete Testing Terracon will perform concrete compressive strength tests on cylinders made by EEI personnel. We understand that the cylinders will be delivered to our laboratory by EEI personnel. Four (4) concrete cylinder breaks are anticipated for this project. 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. For budgeting purposes, three core density/thickness tests and one full day of asphalt compaction testing have been estimated. 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. Test Results Results of field tests will be submitted verbally to authorize 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 630/717-4263). 2 Big Timber Road (FAU 1302) Terracon Consultants, Inc. City of Elgin, Illinois Terracon Proposal No. P11100244B June 11, 2010 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. The rates listed below are for the current Prevailing Wage Rates in Kane County for June 2010. UNIT RATES Principal Engineer (P.E.) $140.00/hour Project Engineer*** (Project Coordination/Supervision and Reports) $100.30/hour IDOT Technician*— Field Testing $94.25/hour Standard or Modified Proctor $175.00/each Concrete Cylinders $15.50/each 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 $45.00/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 Vehicle Charge $40.00/trip Equipment/Nuclear Density Gauge $30.00/day Notes: 1. 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 Naperville, Illinois office. 2. With the exception of the IDOT Technician, the above rates are valid through April 1, 2011. If the Illinois Prevailing Wage Rate changes, the IDOT technician rates will be increased by the same percentage. 3. If requested services are cancelled upon arrival to project site, a four (4) hour minimum charge and appropriate trip charge per visit will be applied. 4. A minimum of 1/2 hour of Project Engineering time will be charged per technician per day. 3 T I5ig Timber Road (FAU 1302) Terracon Consultants, Inc. City of Elgin, Illinois Terracon Proposal No. P11100244B June 11, 2010 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 $1,041.15. If additional tests are required then they will be charged as per the unit rates provided. 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. (EEO. The terms, conditions and limitations stated in the Master Services Agreement between EEI and Terracon shall constitute the exclusive terms and conditions and services to be performed for this project. This proposal is valid only if authorized within 60 days from the proposal date. 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. • ! I I% I Matthew E. Ribordy, P.E. Office Manager/Principal Attachment: Exhibit A 4 p • • Exhibit A-Preliminary Engineering Route: Big Timber Road(FAU 1302) *Firm's approved rates on file with(DOT'S Local Agency: Kane Bureau of Accounting and Auditing: (Municipality/Township/County) Section: 10-00046-00-RS Overhead Rate(OH) 194.10 % Project: ARA-M-9003(644) Complexity Factor(R) 0.00 Proposal No.: P11100244B Calendar Days Method of Compensation: Cost Plus Fixed Fee 1 1 14.5%[DL+R(DL)+OH(DL)+IHDC] Cost Plus Fixed Fee 2 n 14.5%[DL+R(DL)+1.4(DL)+IHDC] Cost Plus Fixed Fee 3 14.5%[(2.3+R)DL+IHDC] Specific Rate n 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) PCC Testing Concrete Compressive Strength tests 4 15.50 62.00 Bituminous Concrete Testing Field Testing Field Technician 8 33.79 270.32 391.96 96.03 758.32 Core Density(already cut) 3 45.00 135.00 Vehicle Usage 1 40.00 40.00 Report Review/Preparation Project Review 'Project Manager 0.5 32.68 16.34 23.69 5.80 45.84 Total 16.5 286.66 415.66 101.84 1041.15 �� • v OF•= el. Agenda Item No. City of Elgin g a. 11 July 22,2010 TO: Mayor and Members of the City Council a , FROM: Sean R. Stegall, City Manager .1,004e. `nab ty"Government David L. Lawry, Public Servic s Director SUBJECT: Construction Engineering Services Agreement with Engineering Enterprises Inc. for the Big Timber Road Local Agency Pavement Preservation Project PURPOSE The purpose of this memorandum is to provide the mayor and members of the city council with information to consider executing an agreement with Engineering Enterprises Inc. (EEI) for construction engineering services for the Big Timber Road Local Agency Pavement Preservation Project. RECOMMENDATION It is recommended that the city council authorize the city manager to execute the construction engineering services agreement with EEI in the not to exceed amount of$90,050. BACKGROUND On September 10, 2008, the city council approved an agreement with EEI to research and pursue grant funding for city projects. No initial compensation was to be paid to the engineer to make applications on the city's behalf Essentially, if EEI was successful in obtaining the city grant funds, they would have first opportunity to negotiate a contract with the city to provide design and construction related services. In April, 2010, EEI, on behalf of the city, submitted a funding application under the Surface Transportation Program (STP) / Local Agency Pavement Preservation (LAPP) projects, for the Big Timber Road Resurfacing Project from McLean Boulevard to State Street to the Kane/Kendall Council of Mayors (KKCOM) and IDOT. In June, 2010, the application was accepted for funding under this program. This program would fund 80 percent of construction and construction engineering costs related to resurfacing of Big Timber between McLean Boulevard and State Street. i • r Agreement with EEI for the Big Timber Road Resurfacing Project July 22, 2010 Page 3 LEGAL IMPACT OV/tiNone. ALTERNATIVES 1. The city council may choose to approve the engineering services agreement with Engineering Enterprises Inc. in the amount of$90,050. 2. The city council may choose not to approve the engineering services agreement with Engineering Enterprises Inc. in the amount of$90,050. Respectfully submitted for council consideration. JE:cf Attachment