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10-98Resolution No. 10 -98 RESOLUTION AUTHORIZING EXECUTION OF FOURTH AMENDMENT AGREEMENT WITH TRANSYSTEMS CORPORATION (Central Business District Street Resurfacing and Streetscape Program) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute fourth amendment agreement with TranSystems Corporation on behalf of the City of Elgin for the Central Business District Street Resurfacing and Streetscape Program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 12, 2010 Adopted: May 12, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk FOURTH AMENDMENT AGREEMENT This Amendment Agreement No. 4 is hereby made and entered into this lam day of 2010, by and between the City of Elgin, an Illinois municipal corporation (herei7naft to as the "City ") and TranSystems Corporation, a Missouri corporation (hereinafter referred to as "Engineer "). WHEREAS, the parties hereto have previously entered into an agreement dated March 22, 2006 (hereinafter referred to as the "Original Agreement "); and WHEREAS, the parties have previously entered into three amendments amending the Original Agreement pursuant to a First Amendment Agreement dated February 28, 2007, a Second Amendment Agreement dated February 27, 2008, and a Third Amendment Agreement dated April 29, 2009 (such Original Agreement as amended by the three prior amendment agreements is hereinafter collectively referred to as the "Subject Agreement'); and WHEREAS, the Original Agreement provided for a maximum payment of $543,948.28; Amendment Agreement No. 1 provided for a maximum payment of $1,324,248.91; Amendment Agreement No. 2 provided for a maximum payment of $2,346,802.88; Amendment Agreement No. 3 provided for a maximum payment of $3,376,777.48; and WHEREAS, the parties hereto have each determined it to be in their best interest to further amend the Subject Agreement as hereinafter set forth; and WHEREAS, the City has determined that the proposed scope of the Project should be further modified to include surveying, design and construction engineering services for the 2010 underground improvements, construction engineering services for the 2010 roadway and streetscape improvements, and without surveying and design engineering services for the 2012 roadway and streetscape improvements for the overall Central Business District Street Resurfacing and Streetscape Program, and (no street work in 2011); and WHEREAS, the City has determined that the total maximum payment for the additional services described in this Fourth Amendment Agreement shall be in the amount of $413,747.46; and WHEREAS, the changes in performance contemplated by this amendment are germane to the Original Agreement as signed and this Amendment Agreement is in the best interests of City and is authorized by law. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. Section I(B) of the Subject Agreement is hereby further amended by adding the following additional text to the end thereof which reads as follows: "ENGINEER shall also perform the additional services for the PROJECT to include construction engineering services for the 2010 roadway and streetscape improvements ". 2. Section I(C) of the Subject Agreement is hereby further amended by adding the following additional text to the end thereof which reads as follows: "A detailed Scope of Services for the additional services provided by this Fourth Amendment Agreement is attached hereto as Attachment E ". 3. Section IV(A) of the Subject Agreement is hereby further amended to read "For services provided by the ENGINEER as described in the Original Agreement, the First Amendment Agreement, the Second Amendment Agreement, the Third Amendment Agreement and the Fourth Amendment Agreement, ENGINEER shall be reimbursed at the rate of 2.9 times the direct hourly rate of personnel employed on this PROJECT as set forth in Attachment El of the Fourth Amendment Agreement, with the total fee not to exceed $3,790.524.94 regardless of the actual time expended or actual costs incurred by the ENGINEER unless substantial modifications to the Scope of Work are authorized in writing by the DIRECTOR. 4. Section IV(B) of the Subject Agreement is hereby further amended to read: "For outside services provided by other firms or subconsultants, the City shall pay the ENGINEER the invoiced fee to the ENGINEER, plus N /A. Any such invoiced fees to ENGINEER shall be included with and constructed as part of the above - referenced amount of $3,790,524.94." 5. Section IV(B) of the Subject Agreement is hereby further amended to read: "A cost estimate of consultant services for the additional services provided by the Fourth Amendment Agreement is attached hereto as Attachment El. Such consultant services fees shall be included with and construed as part of the above - referenced "not -to- exceed" amount of $3,790,524.94." 6. Except as amended by this Fourth Amendment Agreement, Original Agreement as amended by First Amendment Agreement as Amended by Second Amendment Agreement as Amended by Third Amendment Agreement between the parties hereto shall remain in full force and effect. IN WITNESS WHEREOF the parties have entered into and executed this Fourth Amendment Agreement on the date and year first written above. CITY OF ELGIN Attest: City Clerk TRANSYSTEMS CORPORATION By 44. D Todd S. Bright Vice - President Attest: Brian L. atrwood Vice - President FALegal Dept\Agreement \TmnSystems -Fourth Amendment Agre mt.dm -2- of Services - Amendment No. 4 SCOPE OF ENGINEERING SERVICES The scope of work includes construction managementladministration for the Phase 4 Streetscape. Also included in this scope are additional design elements, such as Dexter Court, which were not included in previous amendments. Phase 4 of the Elgin CBD Improvements include: Highland Avenue between Riverside Drive and Center Street, Grove Court from Highland Avenue to the terminus of Grove Court (approximately 350' to the northwest of the intersection), and Center Street between Dundee Avenue and Kimball Street. Dexter Court from Douglas Avenue to the City Hall roundabout and Spring Street from Highland Avenue to Division Street were added to the Phase 4 limits during design as a result of discussions with the City. A. Construction Inspection Services — 2010 Streetscape and Roadway Contracts TranSystems and Geo Services, Inc. will provide the resident engineer, inspectors, and other technical personnel necessary to observe, monitor, and document the contractor's progress on the project from the start of field operations to final completion. Pre - Construction a. Video record and document the existing site conditions. b. Attend the pre- construction meeting. Liaison and Contract Control a. Act as the City's representative with duties, responsibilities and limitations of authority as assigned in the construction contract documents, and advise and confer with City officials during construction and issue the City's authorized instructions to the contractor. b. Assist the contractor in understanding the intent of the construction contract documents. Serve as the City's liaison with other local agencies such as businesses, City's on -site representative, etc. c. Coordinate with utility companies and developers to ensure an orderly progression of work and ensure completion of any required facility relocations. 3. Public Outreach and Coordination a. Assign a dedicated public liaison to provide residents, tenants, and property owners with a single, knowledgeable, and authoritative point of contact for concerns, comments, and questions. b. Maintain an office in the CBD area to assist in the above coordination effort. Plans, photos, documents, and exhibits shall be available for public viewing. It is expected that this office will be in the same location as the engineer's field office. c. Continue to maintain the project web site and disseminate relevant information to the public through this means. d. Prepare and distribute project newsletters and/or letters to the affected properties notifying them of construction operations, staging or traffic modifications, interruptions in water or sewer service, and other pertinent information. e. Monitor public opinion and report any issues requiring attention to the City staff. f. Conduct a series of informational meetings with area residents and business owners during construction, as well as the Downtown Neighborhood Association to present the preferred improvement plans. Although the concept developed in 2006 will be used, it is anticipated that an effort to reach out to those specifically impacted by the 2010 project will be necessary. These meetings will be smaller than those conducted during the development of the concept plan. (estimated as 2 small meetings) 1 Attachment "E" SyJt2111S of Services — Amendment No. 4 CBD Street g. Prepare all notifications, handouts, presentation text, exhibits, and minutes for the above meetings. Exhibits may include plots, photos, hand or computer renderings, drawings, or schematic plans as specific conditions warrant. 4. On -Site Review of Work a. Conduct continuous and full -time on -site observations of the work in progress to determine that the project proceeds in accordance with the construction contract documents and that completed work will conform to the requirements of the construction contract documents. b. Instruct Contractor to correct any work believed to be unsatisfactory, faulty or defective, not conforming to the requirements of the construction contract documents, or does not meet the requirements of any inspections, tests, or approval required to be made and report same to the City; and advise City of action taken or if any special testing or inspection will be required. c. Verify that tests are conducted as required by the construction contract documents and in the presence of the required personnel, and that contractors maintain and submit adequate records thereof; observe, record, and report to the City appropriate details relative to the test procedures. d. Perform all required field tests such as concrete tests and soil compaction tests and ensure such tests are conducted as specified. Analyze the results of all field and laboratory tests to determine the suitability compliance with the requirements of the construction contract documents. e. Accompany visiting inspectors representing public or other agencies having jurisdiction over the project, record the outcome of these inspections and report to the City. f. Stake -out construction lines and grades and assist the contractor with interpretation of the drawings and specifications. g. Prepare and submit detailed daily reports of construction progress. h. Monitor the contractors project traffic control for compliance with the contract documents as well as safety and impacts to vehicles and pedestrians. 5. Contractor Suggestions and Requests a. Consider and evaluate suggestions and requests for modifications in drawings and specifications which may be submitted by the contractor and make recommendations to the City with any time or cost implications for final decision. 6. Shop Drawings a. Develop shop drawing submittal requirements and assist contractor in development of submittal schedules. Review and monitor compliance with submittal schedules. b. Review and approve shop drawings and samples, the results of tests and inspections and other data which any contractor is required to submit, but only for conformance with the design concept of the project and compliance with the information given in the construction contract documents. Such review shall not be construed as relieving the contractor of the responsibility to meet requirements of the construction contract documents. Determine the acceptability of substitute materials and equipment proposed by the contractor; and receive and review (for general content as required by the specifications) maintenance and operating instructions, guarantees, bonds and certificates of inspection which are to be assembled by the contractor(s) in accordance with the construction contract documents. c. Record and maintain a shop drawing submittal and approval log and notify the contractor whenever submittals are lacking or untimely. 2 Attachment "E" 5ySt8111S Scope of Services — Amendment No. 4 CBD Street Resurfacing and Streetscape Program =0NM a. Prepare a final construction schedule with the participation of the contractor and obtain the contractor's approval of the construction schedule. A schedule of shop drawing submissions, and schedule of values shall also be prepared by the contractor and approved by the engineer. b. Work with the contractor to maintain a workable updated Primavera style construction schedule that is maintained and monitored weekly as construction progresses as required by the construction contract documents. Report progress and schedule deviations and corrective measures proposed by the contractor to the City. 8. Job Meetings a. Conduct weekly progress meetings with all parties as required by the construction contract documents to review construction progress, design interpretations and overall progress. Prepare, maintain, and circulate copies of minutes thereof. Arrange a schedule of on -site job work meetings with the general contractor and subcontractors to review day -to -day operations. b. Attend public informational meetings that may occur from time to time during the construction phase. 9. Contract Administration and Records a. Handle all day -to -day contract administration and associated correspondence. Maintain at the job site orderly files for correspondence, reports of job conferences, shop drawings, and samples submissions, reproductions of original construction contract documents including all addenda, change orders, field orders, additional drawings issued subsequent to the execution of the construction contract documents, progress reports, and other project related documents. 10. Reports a. Furnish written reports to the City on a biweekly basis of progress of the work and the contractor's compliance with the approved progress schedule and schedule of shop drawing submissions. 11. Contractor Pay Requests and Change Orders a. Review the contractors requests for payments as construction work progresses, and advise the City of the amounts due and payable to the contractor in accordance with the terms of the construction contract documents. b. Perform evaluation of proposed construction contract change orders and submit recommendation for approval or denial to the City. Prepare construction contract change orders when authorized by the City. 12. Government Policies a. Review the contractor's compliance with governmental mandated programs. Compliance with OSHA requirements and general safety provisions will be reviewed by an independent safety officer retained by the contractor as part of the construction work. The safety officer will visit the job site periodically and will submit written reports to the City, contractor, and engineer. 3 Attachment "E" y • 7y t8111ti of Services - Amendment No. 4 Street Resurfacing and Streetscape Program 13. Final Completion and Record Drawings a. Prepare record drawings which show field measured dimensions of the completed construction work which the engineers consider significant and provide the City with one set of reproducible record drawings and all equipment operation and maintenance manuals within ninety (90) days of the project completion. b. Conduct a final inspection of the project with the City and the contractor, and prepare and give to the contractor a final punch list. Issue an opinion of satisfactory completion for acceptance of the project by the City to process the contractor's final request for payment. c. Conduct a final "lessons learned" meeting with design engineering and City staff to discuss project procedures and items for potential improvement in future projects. The goal of this meeting shall be to have continuous improvement in procedures and property owner/tenant disruption over the course of the multiyear project. B Streetscape Roadway, and Water Main Additional Improvements Design Services — 2010 project Field Survey a. Performed a supplemental topographic survey based on the English system for elements missing or changed since Dexter Court and Spring Street. The limits included Spring Street from Highland Avenue to Division Street and Dexter Court from Douglas Avenue to the City Hall roundabout. b. Downloaded supplemental topographic survey in Microstation v8. Plotted survey at 1 " =20' scale and revised existing cross sections. Updated existing base map used in presentations and discussions with City personnel and the public. c. Conducted a supplemental drainage and utilities survey to determine the contents, structure composition (brick or precast), pipe sizing, and Flow direction (as applicable) for all public underground utility structures not previously obtained. 2. Plans a. Modified the 2010 Streetscape plans to include Dexter Court and Spring Street streetscape and water main designs and added the following sheets: List of Plan Sheets Existing and Proposed Plan (20 scale) (Added to 2010 Surface Plans) Hardscape Detail Plans (Added to 2010 Surface Plans) Roadway Cross Sections (Added to 2010 Surface Plans) Dexter Ct Water Main Plan (20 scale) (Added to 2010 Surface Plans) Spring Street Water Main Plan (20 scale) (Added to 2009 Water Main Plans) Lighting Plan (20 scale) (Added to 2010 Surface Plans) Utility Details (Added to 2010 Surface Plans) Total b. Lighting followed the design and layout already installed in certain portions of the CBD area. All areas of the addition to this project, except Spring Street, were already updated to the new standard and will not be replaced. c. Street resurfacing was designed for the additional roadway. d. Identified and detailed any sections of storm or sanitary sewer which must be upgraded to water main requirements sewer to meet IEPA separation requirements. Also identified and detailed required casing locations. e. Prepared and tracked the IEPA Water Main permit. 4 Attachment "E" �vSf�Il1S . of Services — Amendment No. 4 and Streetscape Program 3. Documents a. Prepared summary of quantifies and estimate of construction cost based on current contract unit prices for the additional roadway sections. b. Prepare the status of utilities to be adjusted specification for the additional roadway sections. 5 Attachment "E" SyStE111S N N w U y E c S O N A E W � J L y � N C v U U N m o m m O � @ m T L > O E E O U O W m U N O E C C V C O m L m V F- W d Y d E d N O O a E'O a"i'oaED v)U-O,a 0000000000000000 0 O OJ M 4'J M OJ I� N N CO 6J T � OJ CO O Zvi ri r �oo�+i vo�ovo Brio 00 0 O Q QZ a 2 O c� F" V OJ M N O (O CD 4'J M �LJ �LJ OJ V M N f� J W N , O V M c0 r 'n .n n + 4 N , N _: r-: r OI6 6 -7 M M O + U N N N 0 0 0 0 U) U) N N LU K m= W O M W O N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 L)N W ri ui cCO 0 oovv rn o v 0 N p v m v o cN0 W O Q N p U W J d' vi V o cn cri ui ri vi vi of V of of Oi U 1� O M � [J r m (O V M r M OJ N OJ N O M N F� N N (D V O. J T CD N CO V M M I� CD � 111 tD M OJ Y N m V V N O O OJ N M V l!J O OJ O O N V L LL7 N c0 00 (D Q r d (O LLJ O N O CO CO V N O O CO O N V V � N Q 2 2 Q O y o yo r c U O p O N m o �.E3 � J WO m m U m m 0 m N Lj 0- C 0 O 0 L rn<n�UO� U p 0 Of U (� L 41 m 0 17 N M V � CO Pr W O> r ��u_a0 .- N M aaaa<<az << <amMimi ! \ ° a. o ) / \\ ! J Mill ! ) )4 Mill I §2! 2 § |�k ` -101-1 1 �j)\) ) ))) \ k \\ ) #& 2 } § ! !)& 2 ] \ 16 \ \ t55 23 553! J |{&5553 ll )k \) \\ ) „16; \ }§i!@ I ƒ|j\) &2Ia2&;lea;aaE!!l2E; " �}� ,! ■�� _ \ \ \ \ \� ®! _ : - / \k),!)2\k := ) \k)) ) °« :� a!!! «3 ; =a) })\ \ %7) § %\ ;)!!!]!)rR�el, a!!!!!!!!a) #! :l =J623!! ) . 7 )# § J 7 )# § \ } / { / |!� f !■ ; & !!! 2 & !!& 2 § ©.,� ©� ;ml...... _ 2 ƒ|} \})ik\k} &!!±i! & ;2a§aa; ; ;;lEE ]j]�l,3 !__: ! \ { \±f § )!):! §! §!£ \�\k «!�)a ; )2)]!)t)$222)!!lJJJ4!!]7222I! ) ƒ () IM El \ � k {_ } �e « \`! ( \j\ \ k {&5 ! } \ ®2) § \ \\ )\( k )�) $\ \ ) } } §!t � }j ! ) }\}k \)k }}};!!Eil ;k2&!!a#: ; ;a;§ - ■«■!,f!7! ! \2 - l! - /) )=,j:,�! !\j % 2 :- %]s) Is :) " ,_ 7�!,!�!)� � )!«! ®� 2 f «%!2!!,! u ;57 6®5" §_)!- §f2 \-■ ! :) Elgin CBD Street Resurfacing and Streetscape Program City of Elgin Direct Cost Summary TranSystems A -1 Pre - Construction Company Vehicle 200 days @ 1 day @ $ 45.00 /day $ 45 Vehicle 9,000 A -6 Shop Drawings 100 miles @ $ 0.55 /mile $ 55 Photocopies (11 "x17" reduced size plans) $ 20.00 /package $ 40 97 sheets @ 5 copies @ $ 0.25 /sheet $ 121 Photocopies (22 "04" full size plans) 97 sheets @ 2 copies @ $ 1.35 /sheet $ 262 SUBTOTAL $ 483 A -2 Liaison and Contract Control Company Vehicle 7 days @ $ 45.00 /day $ 315 SUBTOTAL $ 315 A -3 Public Outreach and Coordination Company Vehicle 1 days @ $ 45.00 /day $ 45 Vehicle 150 miles @ $ 0.55 /mile $ 83 Photocopies (8.5 "x11" handouts) 250 sheets @ 10 versions @ $ 0.12 /sheet $ 300 SUBTOTAL $ 428 A -4 On -Site Review of Work Company Vehicle 200 days @ $ 45.00 /day $ 9,000 SUBTOTAL $ 9,000 A -6 Shop Drawings Overnight Shipping 2 packages @ $ 20.00 /package $ 40 SUBTOTAL $ 40 A -13 Final Completion and Record Drawings Elgin CBD Street Resurfacing and Streetscape Program 12 copies @ $ 0.25 /sheet $ City of Elgin Photocopies (22 "x34" full size plans) Direct Cost Summary 50 copies @ $ 1.35 /sheet $ 540 TranSystems specifications) Mylar Reproductions 10 sheets @ 50 copies @ $ 0.12 /sheet $ 97 sheets @ 1 copy @ $ 10.00 /sheet $ 970 624 SUBTOTAL $ 970 B -1 Field Survey Company Vehicle 2 days @ $ 45.00 /day $ 90 SUBTOTAL $ 90 B -2 Plans Vehicle 100 miles @ $ 0.55 /mile $ 55 Photocopies (11 "W" reduced size plans) 8 sheets @ 12 copies @ $ 0.25 /sheet $ 24 Overnight Shipping 1 packages @ $ 25.00 /package $ 25 SUBTOTAL $ 104 B3 Documents Photocopies (11 "x17" reduced size plans) 8 sheets @ 12 copies @ $ 0.25 /sheet $ 24 Photocopies (22 "x34" full size plans) 8 sheets @ 50 copies @ $ 1.35 /sheet $ 540 Photocopies (8.5 "x11" specifications) 10 sheets @ 50 copies @ $ 0.12 /sheet $ 60 SUBTOTAL $ 624 TOTAL $ 12,054 DLK Civic Design HOURS ESTIMATE OF CONSULTANT SERVICES Date: March 1, 2010 Project Name: City of Elgin Streetscape 2010 Construction Phase Services 3/1/2010 3:35 PM File: P10LK PROPOSALS @010 PROPOSALW10017_ELGIN S�pe 2010 CXCEGS_20100301 Elgin 2010 CA. %I3 Page 1 ACTION ITEM 1 - 2010 Construction Observation 0 °_ Duration: 05101170 - 11130110 SHEET /ACTIVITY ° a a = � $ 1.01 Pre - construction Meeting (1 mtg @ 4hrs) 4 4 8 044 1.02 Shop Drawing Review 2 12 J 14 042 0 Plant Material Selections / Tree Tagging (2 days) DK JE RS WB MM 1.04 3/1/2010 3:35 PM File: P10LK PROPOSALS @010 PROPOSALW10017_ELGIN S�pe 2010 CXCEGS_20100301 Elgin 2010 CA. %I3 Page 1 ACTION ITEM 1 - 2010 Construction Observation Duration: 05101170 - 11130110 087 1.01 Pre - construction Meeting (1 mtg @ 4hrs) 4 4 8 044 1.02 Shop Drawing Review 2 12 14 042 1.03 Plant Material Selections / Tree Tagging (2 days) 16 16 042 1.04 Construction Observation / Meetings (8hrs/week for 30 weeks) 20 240 260 041 1.05 Construction Coordination (in- house) 10 80 90 049 1.06 Preliminary Punch list (1 mtg @ 8hrs) 8 8 049 1.07 IFinal Punch list (tmtg @ 8hrs) 8 8 049 1.08 jProject Close-out/ Administration 2 4 8 2 16 SUBTOTAL: 2 40 376 - 2 420 TOTAL: 2 40 376 - 2 420 3/1/2010 3:35 PM File: P10LK PROPOSALS @010 PROPOSALW10017_ELGIN S�pe 2010 CXCEGS_20100301 Elgin 2010 CA. %I3 Page 1 DLK Civic vate: Marcn 1, tuw Private / of Item Staff Number of Base Hour Direct Labor Overhead Subtotal Profit Service by OLX iota/ Grand Name Hours Rate (DL) I .(OH-)­ Total (DL) *(OH) /DLI + /OHl Others __ _� GRAND TOTALS' 1 420 $ 14,8551 S 28,2241 $ 43,079 $ $ 43,0791 1 2011 Fee Escalation: SUMMARY: DLK Items ACTION ITEM 1 - 2010 Construction Observation REIMBURSABLE DIRECT COSTS Total REIMBURSABLE DIRECT COST BREAKDOWN Travel /Mileage: Estimated Number of Milesthip: Estimated Number of Trips: Estimated number of total miles: Billable Rate Per Mile: Car Costs: Estimated Number of round trips Cab Costs per round trip DLKHours DLK Fee Direct Costs %of Total 420 S 43,075 BM small format printing / Photocopies (in -house cost per impression) 4,000 95.2% Delivery service (UPS, FedEX, messengers, etc.): 8 $20.00 Jr 2185 4.8% 420 $ 43,079 S 2,185 Project TOtak g 45,264 80 30 2400 $ 0.500 Subtotal: r7_720-01 $ 25.00 Subtotal: Estimated Number of days 5 Car Costs per day $ 45.00 Subtotal: $ 225 Total Travel /Mileage: GENERAL PRODUCTION COSTS BM large format digital printing (in -house cost per sheet) $2.50 Color small format digital printing (in-house cost per sheet) $0.85 BM small format printing / Photocopies (in -house cost per impression) 4,000 $0.15 Delivery service (UPS, FedEX, messengers, etc.): 8 $20.00 Renderina / Mountina Boards (outside costs oer mounted renderina) $125.00 TOTAL DIRECT EXPENSE COSTS: 31112010 3:35 PM FN'. PWPROPO S3010PRCPOS&SVI0017 _ELWN Shehep AIO WICECS L11MI01 Elgn 2010 G.,,k Page 6L City of • E� April 22, 2010 TO FROM: enda Item No. r: Mayor and Members of the City Council 'Mff... 1ft M.� yy�� C 1i"wia /iy, Stable Sean R. Stegall, City Manager �Q,O" N' A (I — mil. O!y Gwrrrr+ew Joseph Evers, City Engineer v SUBJECT: Amendment No. 4 to the Engineering Services Agreement with TranSystems, Inc. for the Central Business District Streetscape Project PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the approval of Amendment No. 4 to the agreement with TranSystems, Inc. for the design and construction management of the streetscape and water main improvements associated with the Central Business District (CBD) Streetscape Project. It is recommended that the City Council approve Amendment No. 4 to the agreement with TranSystems, Inc. for design and construction management services related to the CBD Streetscape Project for the not -to- exceed cost of $413,747.46. BACKGROUND On March 8, 2006, the City Council authorized an agreement with TranSystems, Inc. for the development of a streetscape design master plan for the CBD, the design and inspection of the first phase of water main improvements and design of the first phase of streetscape and street resurfacing. On February 14; 2007, on February 28, 2008 and on April 8, 2009, the City Council authorized Amendments No. 1, No. 2 and No. 3, respectfully, to the agreement for construction management of the Phases 1, 2 and 3 streetscape improvements and for the design of Phase 4 streetscape improvements. Amendment No. 4 provides for the construction management of the streetscape improvements for Phase 4. The design of the streetscape improvements for Phase 5 will be delayed until 2011. Phase 4 includes improvements to Highland Avenue from Riverside Drive to Center Street, Grove Court from Highland Avenue to the north end, Spring Street from Highland Avenue to Division Street, Center Street from Dexter Street to Kimball Avenue and Dexter Court from Douglas to the west end. The next streetscape, Phase 5 improvements on Spring Street and on Dexter Street will be constructed in 2012, therefore, the attached amendment does not include the design for same. Another amendment will be brought forward in early 2011 for the design of water main to be constructed in 2011. Prior to the award of the water main in 2011, another CBD Amendment No. 4 Streetscape Project April 22, 2010 Page 2 amendment will be brought forth for the construction services for the water main and the design of streetscape to follow the water main in 2012. The work scope continues to include a high level of public outreach and information that was developed with the Phase 1 streetscape improvements. This includes a full time onsite representative, a separate website dedicated to the CBD project, weekly progress meetings and newsletters distributed to businesses and residents in the CBD. A copy of Amendment No. 4 is attached as Exhibit A. COMMUNITY GROUPSANTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT The cost of Amendment No. 4 with TranSystems will total $413,747.46. Funding for the cost of the streetscape construction management and design is located in the Central Area Tax Increment Financing (TIF) Fund, account number 262 - 0000 - 791.92 -32, "Land Improvements ", project number 262000, "Central Business District Streetscape" ($4,800,000 budgeted and available). A contract to Landmark Construction, Inc. for the construction of the downtown improvements in the amount $4,273,541.11 C uncil agenda. EGALIMPACT None. ALTERNATIVES is recommended to be approved on the regular City The City Council may choose to approve Amendment No. 4 to the agreement with TranSystems, Inc. in the amount of $413,747.46. 2. The City Council may choose not to approve Amendment No. 4 to the agreement with TranSystems, Inc. Respectfully submitted for Council consideration. JE: cf Attachments