Loading...
HomeMy WebLinkAbout22-202 Resolution No. 22-202 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 1 WITH FEHR GRAHAM AND ASSOCIATES, LLC FOR SUPPLEMENTAL PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE 2022 PARKING LOT AND ALLEY MAINTENANCE PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Amendment Agreement No. 1 on behalf of the City of Elgin with Fehr Graham and Associates, LLC, for supplemental professional engineering services in connection with the 2022 parking lot and alley maintenance program, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor^ - —T Presented: November 16, 2022 Adopted: November 16, 2022 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT NO. 1 THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this 16th day of November ,2022,by and between the City of Elgin,Illinois, a municipal corporation (hereinafter referred to as the "City"), and Fehr Graham and Associates, LLC, an Illinois limited liability company(hereinafter referred to as"ENGINEER"). WHEREAS,the City and Engineer hereto have previously entered into an agreement dated April 27, 2022 (hereinafter referred to as "Original Agreement"), wherein the City engaged the Engineer to furnish certain professional services in connection with the 2022 Parking Lot and Alley Maintenance Program (hereinafter referred to as the"Project");and WHEREAS, the City has determined that the proposed scope of the Project should be further modified to include the additional Supplemental Professional Engineering Services described herein(hereinafter referred to as"Supplemental Services"); and WHEREAS,the Original Agreement provides for a maximum payment of$49,900; and WHEREAS,the parties hereto have determined and agree that the total maximum payment for the Supplemental Services described in this Amendment Agreement No. 1 shall be in the amount of$8,950; and WHEREAS,the changes contemplated by this Amendment Agreement No. 1 are germane to the Original Agreement as signed;and this Amendment Agreement No. 1 is in the best interests of City and is authorized by law. NOW,THEREFORE,for and in consideration of the mutual undertakings provided herein, and other good and valuable consideration,the receipt and sufficiency of which is hereby mutually acknowledged,the parties hereto agree as follows: 1. The above recitals are incorporated into and made part of this Agreement as if fully recited herein. 2. Section 1 of the Original Agreement is hereby further amended by adding a new additional subparagraph E thereto to read as follows: "E. The ENGINEER shall provide the additional engineering services to include geotechnical engineering services, pavement coring, material inspection, analysis, and reporting, quality assurance services, and contractor coordination as outlined and described in Attachment A-1, attached hereto and made a part hereof (hereinafter referred to as the "Additional Supplemental Services")." 3. That Section 2 of the Original Agreement is hereby further amended by adding the following to the end of Subparagraph B: "B. ENGINEER shall provide the supplemental services provided for in this Amendment Agreement No. 1 in conjunction with other associated PROJECT activities and as necessary to ensure the timely completion of the PROJECT." 4. That Section 4 of the Original Agreement is hereby amended by adding the following paragraph E and Payment Schedule to read as follows: "C. For services described in Attachment A-1,Engineer shall be paid at an hourly rate for the classifications of personnel who perform work on this Project;provided,however,that Engineer shall be paid a total maximum fee of $8,950 for the services to be provided pursuant to this Amendment Agreement No. 1,regardless of the actual time or actual costs incurred by the Engineer unless substantial modifications and scope of work are authorized in writing by the City and approved pursuant to a further written amendment to this Agreement. For the purposes.of clarification, the total fees to be paid to the Engineer pursuant to the Original Agreement and this Amendment Agreement No. 1 now total $58,850.00. The detailed basis of the additional fee associated with Amendment Agreement No. 1 is included in Attachment A-1 and is based on hourly rates of personnel utilized. The attached Standard Schedule of Charges dated May 2022 will be utilized for this Project." Payment Schedule for Supplemental Services ESTIMATED ESTIMATED VALUE ESTIMATED INVOICE DATE %COMPLETE OF WORK COMPLETE VALUE 12/31/2022 100% $8,950 $8,950 5. That except as amended..in this Amendment Agreement No. 1 the Original Agreement shall remain in full force and effect. b. That in the event of any conflict between the terms of the Original Agreement and the provisions in this Amendment Agreement No. 1, the provisions of this Amendment Agreement No. 1 shall control. 7. This Amendment Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this Amendment Agreement, any signed copy of this Amendment Agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Amendment Agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this Amendment Agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this Amendment Agreement shall be re-executed by the parties in an original form. No party to this Amendment Agreement shall raise the use of fax machine or e-mail as a defense to this Amendment Agreement and shall forever waive such defense. IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement No. 1 as of the date and year first written above. CITY OF ONSULTANT By: � B . City Manager ) PM.aLpAi Att st: Atte City Cler Its Executive Assigoo AI IAC:HIVILNI A-1 FEHR GRA -.,'�M PURCHASE ORDER ENGINEERING & ENVIRONMENTAL No. 25490 101 West Stephenson Street• Freeport, Illinois 61032-4221 allll c order number must appear on aorrespondence,invoices, Ph:815.235.7643 • Fax: 815.235.4632• Web:fehr-graham.com packages and shipping papers. — ----- DATE C71 TO —_rCIP TO W`p0�"r' Sf D--V-r,tib 1 L Lacm 5 ��c.�..l� � 1 L c� l n� . SHIP VIA F.O.B. TERMS DELIVERY REQUIRED QUANTITY DESCRIPTION PRICE AMOUNT Unsrrucib-\ Mla+er-c,I F-r\o�oeefir\ 2022, C;k�j of E 1 \i o Alley and Pam `n .� 5 VGw,om,� S+Teets )L I Ne,CexenCe -TSC Tccposc, P. N . t,z q , 5 35 �6124 l 22 �(-en ce re-hr G(-ahum Mokr su'bo'on c'objc- ASru-mwj &fed 17/-'� J T4- -t3t goo FGEE-001(REV.01/21) B ' (h &-I PJ August 29, 2022 TESTING SERVICE CORPORATION DeKalb Office 650 North Peace Road Suite D,DeKalb,IL 60115.8401 Mr. Brock Sutton 815.748.2100 * Fax 815,748.2110 Fehr Graham 515 Lincoln Highway Rochelle, Illinois 61068 RE: P.N. 69,535 Construction Material Engineering 2022 City of Elgin Alley and Parking Lot Improvements Various Streets Elgin, Illinois Dear Mr. Sutton: Per your request, Testing Service Corporation (TSC) is pleased to submit this proposal to provide the Construction Materials Engineering Services that will be requested by you for the above referenced project. The broad objectives of our work will be to conduct and interpret tests and report our findings as directed by Fehr Graham. TSC has prepared a Report of Soils Exploration for this project, The Report bears our project number L-94,068. TSC is staffed and equipped to provide any of the following services that may be ordered by you: • Field Quality Assurance Services -Observe proof-rolling operations. -Recommend amount of undercut using IDOT cone penetrometer procedure. -Perform in-place density tests on engineered fill/backfill and granular base course -Test plastic concrete for slump, air content, temperature, unit weight and cast test cylinders. -Establish rolling pattern for bituminous concrete pavement mix with nuclear density gauge, -Pickup samples in the field for laboratory tests. • Bituminous Concrete Batch Plant Quality Assurance Services -Daily hot bin and extraction analysis. -Sampling and testing of stockpile materials. -Check and adjust mixing formulas, as necessary. -Check temperatures of bitumen, drum and final mix. -Mold Marshall samples and check for stability and flow or determine density of Prepared (HMA) specimen by means of Gyratory Compactor. -Other tests as required by current IDOT procedures guide. • Portland Cement Concrete Batch Plant Quality Assurance Services -Verify that current IDOT mix design is being used. -Check moisture content of fine aggregate. -Perform sleve analysis on stockpiled materials, as required by IDOT criteria. -Check the slump, air and temperature of final mix. -Other tests, as required by current IDOT procedure guide. Providing a h,it/Range of Ceolechnical Engineering,Environmental Services,and Conviracdon Mnterlahs Errghteering& Testing 2022 City of Elgin Alley and Parking Lot Improvements P.N. 6%535 - August 29, 2022 • Laboratory -Perform laboratory compaction curve for each soil type used, -Determine density and thickness for core samples submitted by contractor. -Aggregate gradation and soundness analysis. -Perform compressive and flexural strength tests for concrete cylinders and beams. -Other tests, as required. • QA Manager Services -Review test results performed by our technicians in accordance with IDOT specification -Monitor and schedule site visits to test 20% of the total quantities for HMA and PCC mixes -Complete the necessary paperwork for PCC and HMA testing and electronically submit them to IDOT and your office. TSC's field technicians are represented by Local 150 of the International Union of Operating Engineers. Supervision of the testing, observation and reporting is provided by a Registered Professional Engineer. Reports will generally be issued on a weekly basis as work progresses. Invoices will be issued monthly, subsequent to the reporting period. A budget amount of Three Thousand Eight Hundred Dollars($3,800.00)is recommended for your project, , This estimate is based on a review of plans and specifications provided by Fehr Graham and prior experience on similar projects. TSC's itemized estimate is included in the "Assumptions and Estimated Fee"portion of this proposal. Factors such as weather,contractor efficiency and deviations from minimum testing and observation requirements may significantly impact the CME budget. Our fee is further subject to this proposal being accepted by you on or before December 31,2022, The Services performed by TSC under this proposal are subject to prevailing wage regulations under Illinois law. Prevailing wage rates are established in June by the State of Illinois, Should the established wage be changed between the time of this proposal and the time of work, it will be necessary to revise this proposal so that the rates required by law are properly reflected. Prevailing wage categories are defined as follows: Material Tester I: Hand coring and drilling for testing of materials;field inspection of uncured concrete and asphalt. Material Tester II: Field inspection of welds,structural steel,fireproofing, masonry, soil,facade,reinforcing steel,formwork,cured concrete and concrete and asphalt batch plants,adjusting proportions of bituminous mixtures. TSC's fees include TSC's services being performed subject to the attached General Conditions which are incorporated herein. Unless we receive written instructions to the contrary, invoices will be sent to: -2- 2022 City of Elgin Alley and Parking Lot Improvements P.N. 69,535 - August 29, 2022 Mr, Brock Sutton Fehr Graham 515 Lincoln Highway Rochelle, Illinois 61068 Tel: 815,562.9087 Cell: 815.297,4140 email: bsutton@fehrgraham.com When completing the attached project data form, kindly indicate who is to receive copies of TSC's report and other project data. Your consideration of our proposal is appreciated. We look forward to being of service to you on this project. Respectfully submitted, TESTING SERVICE CORPORATION Prepared by: Steven R. Koester, P.E. Timothy M. Mus n oer Vice President DeKalb CME M n Enc: General Conditions Project Data Sheet Approved and accepted for Fehr Graham by: Jason Stoll (NAME) Principal/Branch Manager 8/29/22 (TITLE) (DATE) -3- 2022 City of Elgin Alley and Parking Lot Improvements P.N. 69,535 - August 29, 2022 SCHEDULE OF CHARGES ITEM I FIELD SERVICES A. Material Tester I Per Hour: $ 112.00 B. Material Tester II Per Hour: $ 115.00 C. Transportation, Light Vehicle Per Trip: $ 55.00 The time Is portal-to-portal from the office servicing the project. Increase hourly rate by 1.5 for over 8.0 hours per day or Saturday. Increase hourly rate by 1.7 for Sunday or Holiday work. The minimum trip charge for 0 to 4 hours Is four(4)hours and for 4 to 8 hours is eight(8)hours Monday through Friday and eight(8) hours on Saturday and Sunday. Engineering services for summary report preparation are Invoiced at the Graduate Engineer Rate. D. Use of Nuclear Moisture/Density Gauge Per Day: $ 50.00 E. Pickup Concrete Test Samples 1, Fewer than 20 Cylinders at Grade Level Per Trip: $ 100.00 2. 20 or more Cylinders or Cylinders in Basement or on Elevated Deck or Concrete Beams Per Trip: $ 150.00 F. Structural Steel Test Equipment 1. Ultrasonic Flaw Detector Per Day: $ 50.00 2. Magnetic Particle Yoke Per Day: $ 35.00 G. Fire-Proofing 1. Cohesion Test Supplies Per Day: $ 60.00 2. Density Test Each: $ 45.00 ITEM II LABORATORY SERVICES A. Soils 1. Compaction Curve to establish the Maximum Dry Unit weight and optimum water content a. Modified (AASHTO T180, ASTM D1557) Each: $ 210.00 b. Standard( AASHTO T99, ASTM D698) Each: $ 200.00 -4- 2022 City of Elgin Alley and Parking Lot Improvements P.N. 69,535 - August 29, 2022 c. Add for Methods B, C, or D Each: $ 20.00 2, Thin-Walled Tube Samples a, Combined Water Content & Dry Unit Each: $ 20.00 Weight Determination b. Unconfined Compressive Strength Each: $ 20.00 B, Portland Cement Concrete/Aggregates 1. Concrete Test Cylinders (4"x8") a. Compressive Strength Each: $ 16.00 b, Spares/Handling Charge Each: $ 16.00 c. Trim End of Specimen When Necessar�Additional: $ 10.00 2. Concrete Test Cylinders (6"x12") a, Compressive Strength Each: $ 19.00 b. Spares/Handling Charge Each: $ 19.00 c. Trim End of Specimen When NecessaryNdditional: $ 10.00 3. Concrete Beams for Flexural Strength Testing Each: $ 50.00 4. Mortar Cubes a. Compressive Strength Each: $ 19.00 b. 2" Cube Mold Per Day: $ 8.00 5. Contractor Made Cylinders Each: $ 30.00 a. Trim End of Specimen When NecessaryAdditional: $ 10.00 6. Evaluation of Mortars for Plain & Reinforced Masonry a. Pre-Construction Each: $ 350.00 b. Cement/Aggregate Ratio Each: $ 50.00 7. Masonry Block Prisms Each: $ 50.00 8. Sieve Analysis a. Washed w/200 Sieve Each: $ 100.00 b. Unwashed Each: $ 75.00 C. Bituminous Concrete 1. Extraction Analysis a. Unwashed Each: $ 210.00 b. Washed Each: $ 230.00 2. Compaction of Bituminous Mixture by Gyratory Methods and Bulk Specific Gravity Test Set of Two $ 210.00 3. Theoretical Maximum Specific Gravity of Paving Mixture Each: $ 100.00 -5- 2022 City of Elgin Alley and Parking Lot Improvements P.N. 69,535 - August 29, 2022 4. Determining Asphalt Content by Ignition Oven: Each: $ 112.00 5, Determining Asphalt Content by Ignition Oven and Washed Gradation: Each: $ 200.00 6. Bulk Density of Core Specimens Each: $ 50.00 ITEM III CONSULTATION AND REPORT PREPARATION A. Registered Professional Engineer, Principal Per Hour: $ 200.00 B. Registered Professional Engineer Per Hour: $ 175.00 C. Graduate Civil Engineer Per Hour: $ 160.00 D. Daily Engineering Services Per Hour: $ 160.00 D. Transportation 1. Light Vehicle Trip Charge: $ 55.00 2. Light Vehicle (Over 100 miles round trip) Per Mile: $ 0.60 3, Public Transportation Cost + 10% The above rates are valid through December 31,2022. -6- 2022 City of Elgin Alley and Parking Lot Improvements P.N. 69,535 - August 29, 2022 ASSUMPTIONS & ESTIMATED FEE The following estimate is based on review of materials quantities provided by Fehr Graham and the Illinois Department of Transportation's Project Procedures Guide. At the time this estimate was prepared the contractor's schedule was not available. The unit prices used below are based on our current cost structure. Portland Cement Concrete No ITEMS Unit Quantity Unit price Amount 1 Material Tester I Hour 8.0 112.00 $ 896.00 2 Material Tester I, Overtime Hour 0.0 168.00 $ 0.00 3 Travel, Light Vehicle Trip 1 55.00 $ 55.00 4 Pickup Test Samples Each 1 100.00 $ 100.00 5 Concrete Test Cylinders (6"x 12") Each 8 19.00 $ 152.00 6 Concrete Test Cylinders (4"x 8") Each 0 16.00 $ 0.00 7 Sieve Analysis,Aggregate Each 0 100.00 $ 0.00 Sub-Total: $ 1203.00 Bituminous Concrete INo ITEMS Unit Quantity Pr cfe Amount 1 Material Tester I Hour 16.0 112.00 $ 1,792,00 2 Material Tester I, Overtime Hour 0.0 168.00 $ 0.00 3 Travel, Light Vehicle Trip 1 55,00 $ 55.00 4 Pickup Test Samples Each 0 100.00 $ 0.00 5 Nuclear Moisture Density Gauge Day 2 50.00 $ 100.00 6 Bituminous Concrete Extraction Analysis Each 0 210.00 $ 0.00 7 Compaction of Bituminous Mixture by Gyratory Methods Set of 0 210.00 $ 0,00 and Bulk Specific Gravity Test Two 8 Density of Core Sample Each 0 50.00 $ 0.00 Sub-Total: $ 1947.0 -7- 2022 City of Elgin Alley and Parking Lot Improvements P.N. 69,535 - August 29 2022 Project Coordination & Report Preparation Item ITEMS Unit Quantity PUniit Amount 1 Project Engineer Hour 0 175.00 $ 0.00 2 QA Manager Hour 4 160.00 $ 640.00 Sub-Total: $ 640.00 TSC's base fee schedule includes up to three copies of each report, Estimated Total: $ 3,790.00 RECOMMENDED BUDGET: $ 3,800.00 -8- GENERAL CONDITIONS Geotechnical and Construction Services TESTING SERVICE CORPORATION 1.PARTIES AND SCOPE OF WORK: II Client is ordering the perform same shall not In any way operate or excuse any In the event Client is unwilling or unable to limit the damages services on behalf of another,Client represents and warrants contractor from the performance of its work in accordance for which TSC may be liable in accordance with the provisions that Client is the duly authorized agent of said party for with Its contract."Contractor"as used herein shall include set forth In the preceding paragraph,upon written request the purpose of ordering and directing said services,and in subcontractors, suppliers, architects, engineers and of Client received within five days of Client's acceptance of such case the term"Client"shall also include the principal construction managers. TSC's proposal together with payment of an additional fee for whom the services are being performed.Prices quoted In the amount of 5%of TSC's estimated cost for Its services and charged by TSC for its services are predicated on the Information obtained from borings,observations and analyses (to be adjusted to 5%of the amount actually billed by TSC conditions and the allocations of risks and obligations of sample materials shall be reported in formats considered for its services on the project at time of completion),the limit expressed in these General Conditions. Unless otherwise appropriate by TSC unless directed otherwise by Client. on damages shall be increased to$500,000 or the amount stated in writing, Client assumes sole responsibility for Such information is considered evidence,but any Inference of TSC's tee,whichever Is the greater.This charge is not to determining whether the quanlity and the nature of the or conclusion based thereon is,necessarily,an opinion also be construed as being a charge for insurance of any type, services ordered by Client are adequate and sufficient for based on engineering judgment and shall not be construed but Is increased consideration for the exposure to an award Client's intended purpose. Unless otherwise expressly as a representation of fact.Subsurface conditions may not of greater damages. assumed in writing,TSC's services are provided exclusively be uniform throughout an entire site and ground water for client.TSC shall have no duty orobligalion other than those levels may fluctuate due to climatic and other variations. 11. INDEMNITY; Subject to the provisions set forth herein, duties and obligations expressly set forth in this Agreement. Construction materials may vary from the samples taken. TSC and Client hereby agree to indemnify and hold harmless TSC shall have no duty to any third party. Client shall Unless otherwise agreed in writing,the procedures employed each other and their respective shareholders,directors, communicate these General Conditions to each and every by TSC are not designed to detect intentional concealment officers,partners,employees,agents,subsidiaries and party to whom the Client transmits any report prepared by or misrepresentation of facts by others. division(and each of their heirs,successors,and assigns) TSC.Ordering services from TSC shall constitute acceptance from any and all claims,demands,liabilities,suits,causes of of TSC's proposal and these General Conditions. 7. DOCUMENTS AND SAMPLES: Client is granted an action,judgments,costs and expenses,including reasonable exclusive license to use findings and reports prepared attorneys'fees,arising,or allegedly arising,from personal 2.SCHEDULING OF SERVICES:The services set forth in this and issued by TSC and any sub-consultants pursuant to Injury,including death,property damage,including loss of use Agreement will be accomplished in a timely and workmanlike this Agreement for the purpose set forth in TSC's proposal thereof,due In any manner to the negligence of either of them manner.If TSC is required to delay any part of its services provided that TSC has received payment in full for Its or their agents or employees or Independent contractors.In to accommodate the requests or requirements of Client, services.TSC and,if applicable,Its sub-consultant,retain the event both TSC and Client are found to be negligent or regulatory agencies,or third parties,or due to any cause all copyright and ownership Interests in the reports,boring at fault,then any liability shall be apportioned between them beyond its reasonable control,Client agrees to pay such logs,maps,field data,field notes,laboratory test data and pursuant to their pro rata share of negligence or fault.TSC and additional charges,if any,as may be applicable. similar documents,and the ownership and freedom to use Client further agree that their liability to any third party shall, all data generated by it for any purpose.Unless otherwise to the extent permitted by law,be several and not joint.The 3,ACCESS TO SITE: TSC shall take reasonable measures agreed in writing, test specimens or samples will be liability of TSC under this provision shall not exceed the policy and precautions to minimize damage to the site and any disposed immediately upon completion of the test.All drilling limits of insurance carried by TSC.Neither TSC nor Client improvements located thereon as a result of its services or samples or specimens will be disposed sixty(60)days after shall be bound under this Indemnity agreement to liability the use of Its equipment;however,TSC has not Included In submission of TSC's report. determined in a proceeding in which it did not participate its fee the cost of restoration of damage which may occur. If represented by Its own independent counsel.The Indemnities Client desires or requires TSC to restore the site to its former 8.TERMINATION:TSC's obligation to provide services may be provided hereunder shall not terminate upon the termination condition,TSC will,upon written request, perform such terminated by either party upon(7)seven days prior written or expiration of this Agreement,but may be modified to the additional work as is necessary to do so and Client agrees notice. In the event of termination of TSC's services,TSC extent of any waiver of subrogation agreed to by TSC and to pay to TSC the cost thereof plus TSC's normal markup for shall be compensated by Client for all services performed up paid for by Client. overhead and profit. to and including the termination date,including reimbursable expenses. The terms and conditions of these General 12,SUBPOENAS:TSC's employees shall not he retained as 4.CLIENT'S DUTY TO NOTIFY ENGINEER:Client represents Conditions shall survive the termination of TSC's obligation expert witnesses except by separate,written agreement. and warrants that Client has advised TSC of any known or to provide services. Client agrees to pay TSC pursuant to TSC's then current fee suspected hazardous materials,utility lines and underground schedule for any TSC employees)subpoenaed by any party structures at any site at which TSC is to perform services 9.PAYMENT:Client shall be Invoiced periodically for services as an occurrence witness as a result of TSC's services. under this Agreement.Unless otherwise agreed In writing, performed.Client agrees to pay each invoice within thirty(30) TSC's responsibility with respect to underground utility days of Its receipt.Client further agrees to pay Interest on 13. OTHER AGREEMENTS:TSC shall not be bound by locations Is to contact the Illinois Joint Utility Locating all amounts Invoiced and not paid or objected to In writing any provision or agreement(1) requiring or providing for Information for Excavators for the location of public,but not for valid cause within sixty(60)days at the rate of twelve arbitration of disputes or controversies arising out of this private,utilities. (12%)per annum(or the maximum interest rate permitted by Agreement or its performance,(ii) wherein TSC waives any applicable law,whichever Is the lesser)until paid and TSC's rights to a mechanics lien or surety bond claim;(ill)that 5.DISCOVERY OF POLLUTANTS:TSC's services shall not costs of collection of such accounts,Including court costs conditions TSC's right to receive payment for Its services Include investigation for hazardous materials as defined by and reasonable attorney's lees. upon payment to Client by any third party or(iv)that requires the Resource Conservation Recovery Act,42 U.S.C.§6901, TSC to Indemnify any party beyond Its own negligence These et,seq„as amended("RCRA")or by any state or Federal 10. WARRANTY: TSC's professional services will be General Conditions are notice,where required,that TSC shall statute or regulation. In the event that hazardous materials performed,its findings obtained and its reports prepared file a lien whenever necessary to collect past due amounts. are discovered and Identified by TSC,TSC's sole duty shall in accordance with these General Conditions and with This Agreement contains the entire understanding between be to notify Client, generally accepted principles and practices.In performing its the parties.Unless expressly accepted by TSC in writing professional servlces,TSC will use that degree of care and skill prior to delivery of TSC's services,Client shall not add any 6. MONITORING: If this Agreement includes testing ordinarily exercised Linder similar circumstances by members conditions or Impose conditions which are in conflict with construction materials or observing any aspect of construction of Its profession.In performing physical work in pursuit of those contained herein,and no such additional or conflicting of improvements, Client's construction personnel will its professional services,TSC will use that degree of care terms shall be binding upon TSC.The unenforceablllty or verify that the pad is properly located and sized to meet and skill ordinarily used under similar circumstances.This Invalidity of any provision or provisions shall not render any Client's projected building loads. Client shall cause all warranty is in lieu of all other warranties or representations, other provision or provisions unenforceable or invalid.This tests and inspections of the site,materials and work to either express or implied.Statements made in TSC reports Agreement shall be construed and enforced in accordance be timely and properly performed in accordance with are opinions based upon engineering judgment and are not with the laws of the State of Illinois,In the event of a dispute the plans,specifications,contract documents,and TSC's to be construed as representations of fact. arising out of or relating to the performance of thisAgreement, recommendations. No claims for loss,damage or Injury the breach thereof or TSC's services,the parties agree to shall be brought against TSC unless all tests and inspections Should TSC or any of Its employees be found to have been try in good faith to settle the dispute by mediation under have been so performed and unless TSC's recommendations negligent in performing professional services or to have made the Construction Industry Mediation Rules of the American have been followed. and breached any express or implied warranty,representation Arbitration Association as a condition precedent to filing any or contract.Client,all parties claiming through Client and demand for arbitration,or any petition or complaint with any TSC's services shall not include determining or implementing all parties claiming to have In any way relied upon TSC's court.Paragraph headings are for convenience only and shall the means, methods, techniques or procedures of work services or work agree that the maximum aggregate amount not be construed as limiting the meaning of the provisions done by the contractor(s)being monitored or whose work Is of damages for which TSC,its officers,employees and agents contained In these General Conditions. being tested. TSC's services shall not include the authority shall be liable is limited to$50,000 or the total amount of to accept or reject work or to in any manner supervise, the fee paid to TSC for its services performed with respect the work of any contractor.TSC's services or failure to to the project,whichever amount is greater. REV afoa PROJECT DATA SHEET TESTING SERVICE CORPORATION Distribute Reports as Follows: General Information: Name: Jason Stoll Project Name: 2022 City of Elgin Alley and Parking Lot Company: Fehr Graham mprovements Project Address: various Streets Address: 515 Lincoln Hwy City/State/Zip: Elgin, IL City/State/Zip: Rochelle, IL 61068 County: Email: jstoll@fehrgraham.com Project Manager: Jason Stoll Telephone: 815-562-9087 Email: jstoll@fehrgraham.com Cell Phone: Telephone: 815-562-9087 Site Contact: Name: Email: Company: Telephone: Address: City/State/Zip: Send Invoice to. Fehr Graham Email: Purchase Order Number: 25490 Telephone: Attention: Accounts Payable Company: Fehr Graham Name: Address: 101 W Stephenson St Company: City/State/Zip: Freeport, IL 61032 Address: Email: ap@fehrgraham.com City/State/Zip: Telephone: 815-235-7643 Email: Cell Phone: Telephone: IMPORTANT NOTES: Name: Company: Completed by: Address: Signature: City/State/Zip: Name: Email: Date: Telephone: Revised 7/2018 FE RGRAff-1 �M PURCHASE ORDER H ENGINEERING & ENVIRONMENTAL No. 25481 101 West Stephenson Street • Freeport, Illinois 61032-4221 This order number must appear on all correspondence,invoices, Ph: 815.235.7643 • Fax: 815.235.4632 • Web: fehr-graham.conl packages and shipping papers. DATE _ ,1 — 2oZ2. TO SHIP TO 7-5C Fehr C ra,h rr) LP50 N ice P� Se son si-o I 1 De143 b, IL (�O� 15 - 8��p� 15 br 1n`�%' ch e SHIP VIA F.O.B. TERMS DELIVERY REQUIRED GUANTITY DESCRIPTION So.b5urFace EXP`iof-a+;0n F xist;nq *Pavemefh Var;ws Loca�tor5 G19►n , IL, IReFerence, TSC pro�bSc� P.N. W1916 T f-�M 5/9 (202. Fehr Grc%karn 1proice N Umber fl)wse i nc.ltAc)e two#2�y81 on +- ie. invoice- FGEE-001(REV.01/21) B 00 TESTING SERVICE CORPORATION May 9, 2022 Corporate Office 360 South Main Place,Carol Stream,IL60188-2404 Mr, Brock Sutton 630.462,2600 • Fax 630.653,2988 Fehr Graham 515 Lincoln Highway DeKalb Office Rochelle, Illinois 61068 650 North Peace Road,DeKalb, IL 60115-8401 815.748.2100 9 Fax 815,748.2110 RE: P.N. 68,965 Subsurface Exploration Existing Pavements Various Locations Elgin, Illinois Dear Mr. Sutton: Testing Service Corporation (TSC) is pleased to submit this proposal to provide Geotechnical Engineering Services for the above captioned project. It responds to your e-mails of May 6, 2022. The objectives of the Subsurface Exploration are to explore pavement and soil conditions and provide recommendations for pavement rehabilitation. . Project Description: Our understanding of existing site conditions and the proposed construction are as follows: • Several low-volume streets, alleys and parking lots are being considered for rehabilitation/resurfacing/reconstruction. If the location or type of the proposed structure(s) are changed, TSC should be promptly contacted to determine the relevance of our proposed boring program to the new project configuration. Coring/Boring Program: Per your request, we are proposing to perform ten (10) pavement cores as part of our Subsurface Exploration. A base course and subgrade soil sample will be collected at the base of each core. Total exploration depths are proposed to be a maximum of 20 inches. For the purposes of this proposal we have assumed that the boring locations will be accessible to conventional coring equipment. In this regard, they should not be located in standing water. This proposal assumes that no traffic control other than safety cones will be needed. TSC will utilize personnel who are trained in layout procedures to stake the borings in the field. Utility clearance for the borings will be obtained by contacting JULIE (Joint Utility Locating Information for Excavators). Secondary and/or private underground utility lines will have to be marked by the property owner or their agents, a private locator can be hired (at an added cost) if necessary. A representative portion of the subgrade soil collected at each core will be placed in a glass jar with screw-type lid for transportation to our laboratory. Boreholes will be patched at the surface with cold mix asphalt. Providing a Firll Range of Ceoteclinical Engineering,Envirannental Services,and Construction Materials Engineering& Testing Subsurface Exploration - Elgin, Illinois P.N. 68,965 - May 9, 2022 Laboratory Testing: Samples obtained from the borings will be examined by experienced laboratory personnel in order to verify field descriptions as well as to visually classify in accordance with the Unified Soil Classification System. Laboratory testing will include moisture content and dry unit weight determinations as well as measurements of unconfined compressive strength by direct or indirect methods, as appropriate. Pavement cores will be measured and described by a senior technician or engineer. Other tests deemed to be necessary by TSC's Project Engineer may also be recommended for your approval. Engineering Report: Upon completion of drilling and testing, you will receive an engineering report summarizing field and laboratory test data, including a core location plan. If desired, it will also provide pavement design parameters and subgrade treatment recommendations. Fees and Scope: In accordance with the Cost Estimate attached, TSC is proposing a not-to-exceed budget amount of Three Thousand Nine Hundred Seventy Dollars ($3,970.00) to provide the Geotechnical Exploration outlined above. Our proposal is based on the understanding that; none of cores are in high traffic areas. Our fee is further subject to this proposal being accepted by you on or before September 30, 2022. The Illinois Department of Labor(IDOL)has taken the position that Core Drilling/Soil Testing is a covered activity under the Illinois Prevailing Wage Act(IPWA), TSC must be notified if this project is to be funded in part or total by state or local government sources, for which it would be subject to IPWA requirements. The prices provided in the attached fee schedule assume that compliance with the IPWA is required. Should the study reveal unexpected subsurface conditions requiring a change in the scope of work, you will be contacted before we proceed with additional work. Our invoice would then based on the unit rates given in the attached Cost Estimate or as otherwise agreed upon. While our quoted fee does not include excavation, fill, earthwork, footing or foundation observations during construction phase, the project budget should include a provision for these services. Plan review, preconstruction meetings and/or other consulting and professional services that are provided subsequent to delivery of TSC's report would be covered by separate invoice. TSC's geotechnical investigation does not include services required to evaluate the likelihood of the site being contaminated by hazardous materials or other pollutants. Analytical testing which would be required in connection with IEPA Form LPC-663, Uncontaminated Soil Certification is also not included. Should an environmental and/or analytical testing be desired, please contact the undersigned for additional details and/or associated cost. Closure: The geotechnical services being performed in accordance with the Subcontractor Agreement for Professional Services between Fehr Graham and TSC. Unless stated otherwise, TSC fees include all -2- Subsurface Exploration - Elgin, Illinois P.N. 68,965 - May 9, 2022 state and federal taxes and permits that may be required. However, they do not include any license, permit or bond fees that local governments may impose. The local fees, if any, will be added to the invoice. Unless we receive written instructions to the contrary, invoices will be sent to: Mr. Brock Sutton Fehr Graham 515 Lincoln Highway Rochelle, Illinois 61068 Phone: 815.562.9087 e-mail: bsutton(a)fehrgraham.com If this proposal meets with your approval, please indicate your acceptance by signing one copy and returning it to our DeKalb, Illinois office. When also completing the attached Project Data form, kindly indicate who is to receive copies of TSC's report and other related information. Your consideration of our proposal is appreciated. We look forward to being of service to you on this project. Respectfully submitted, TESTING SERVICE CORPORATION Steven R. Koester, P.E. Vice President SRK/jt Enc: Cost Estimate Subcontractor Agreement for Professional Services Project Data Sheet -3- Subsurface Exploration - Elgin, Illinois P.N. 68,965 - May 9, 2022 Approved and accepted for Fehr Graham by; Jason Stoll (NAME) Principal/Branch Manager (TITLE) May 11, 2022 (DATE) -4- Subsurface Exploration - Elgin, Illinois P.N. 68,965 - May 9, 2022 COST ESTIMATE Subsurface Exploration Existing Pavements Various Locations Elgin, Illinois TSC P,N. 68,965 ITEM UNITS QTY RATE COST STAKING AND UTILITY CLEARANCE Layout Personnel to Mark Boring Locations,Obtain Surface 1.1 Elevations and/or Arrange for Clearance of Underground Hour 5.0 120.00 $ 600.00 Utilities 1.2 Permits, Bonds and Other t)irect Charges Cost+ 0.0 0.00 $ 0.00 10/o CORING AND SAMPLING DRILL RIG AND CREW 2.1 Technician I- Includes Prevailing Wage Hour 19.0 115.00 $ 2,185.00 2.2 Light Vehicle. Trip 1.0 100.00 $ 100.00 BACKFILL BOREHOLES 2.3 Asphalt Patch Each 10.0 10.00 $ 100.00 LABORATORY TESTING 3.1 Examine Samples to Describe by Textural System and Each 20.0 4.00 $ 80.00 Classify Using the Unified Soil Classification System Water Content Determination(Includes Pocket 3.2 Penetrometer Reading on Cohesive Samples) Each 10.0 8.00 $ 80.00 3.3 Unconfined Compressive Strength of Cohesive Soils (or Each 0.0 16.00 $ 0.00 Torvane Shear Strength Measurement) 3.4 Dry Unit Weight Determination Each 6.0 8.00 $ 48.00 3.5 Atterberg Limit Determinations Each 0.0 100.00 $ 0.00 3.6 Sieve Analysis with#200 Wash Each 0.0 90.00 $ 0.00 3.7 Sieve Analysis with Hydrometer Each 0.0 130.00 $ 0.00 3.8 Consolidation Test Each 0.0 600.00 $ 0.00 3.9 Modified Proctor Test Each 0.0 190.00 $ 0.00 3.10 Loss-On-Ignition(Organic Content) Each 0,0 45.00 $ 0.00 3.11 Senior Technician or Engineer to Measure and Describe Each 10.0 20.00 $ 200.00 Cores, per core -5- Subsurface Exploration - Elgin, Illinois P.N. 68,965 - May 9, 2022 ITEM UNITS QTY I RATE I COST SEISOPT REMI TESTING Measure Average Soil Shear Wave Velocity to 100'in Depth 6.1 by SeisOpt ReMi Method(Used to Determine IBC Slte Class Each 0.0 900.00 $ 0.00 for Seismic Design) ENGINEERING SERVICES 7 1 Prepare Geotechnical Report with Boring Logs and Location Lump 1.0 560.00 $ 560.00 Plan Sum 7.2 Geotechnical Engineer to Perform Special Calculations or Hour 0.0 140.00 $ 0.00 Run Slope Stability Analyses 7.3 Senior Engineer to Consult or Attend Project Meetings Hour 0.0 160.00 $ 0.00 ESTIMATED TOTAL: $ 3,953.00 RECOMMENDED BUDGET: $ 3,970.00 -6-