12-160Resolution No. 12 -160
RESOLUTION
AUTHORIZING EXECUTION OF SIXTH 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 Kimberly A. Dewis, City Clerk, be and are hereby authorized and
directed to execute sixth amendment agreement with TranSystems Corporation on behalf of the City
of Elgin for supplemental construction engineering services for the 2012 roadway and streetscape
improvements in connection with the Central Business District Street Resurfacing and Streetscape
Program, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: November 14, 2012
Adopted: November 14, 2012
Omnibus Vote: Yeas: 6 Nays:
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
SIXTH AMENDMENT AGREEMENT
This Amendment Agreement No. 6 is hereby made and entered into this 14th day of
November , 2012, by and between the City of Elgin, an Illinois municipal corporation
(hereinafter referred 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 five amendments amending the Original
Agreement pursuant to a First Amendment Agreement dated February 28, 2007, a Second
Amendment Agreement dated February 27, 2008, a Third Amendment Agreement dated April 29,
2009, a Fourth Amendment Agreement dated May 12, 2010, and a Fifth Amendment Agreement
dated March 7, 2012 (such Original Agreement as amended by the five 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; Amendment Agreement No. 4 provided for a
maximum payment of $3,790,524.94; Amendment Agreement No. 5 provided for a maximum
payment of $4,381,324.94; 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 supplemental construction engineering services for the 2012 roadway and
streetscape improvements, for the overall Central Business District Street Resurfacing and
Streetscape Program; and
WHEREAS, the City has determined that the total maximum payment for the additional
services described in this Sixth Amendment Agreement shall be in the amount of $353,850.04; 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 2012
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 Sixth Amendment Agreement is attached hereto as
Attachment G ".
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, the Fourth
Amendment Agreement, the Fifth Amendment Agreement and the Sixth 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 G 1 of the Sixth Amendment Agreement, with the total
fee not to exceed $4,735,174.98 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 $4,735,174.98."
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 Sixth Amendment
Agreement is attached hereto as Attachment G1. Such consultant services fees shall be included
with and construed as part of the above - referenced "not -to- exceed" amount of $4,735,174.98."
6. Except as amended by this Sixth Amendment Agreement, Original Agreement as
amended by First Amendment Agreement as Amended by Second Amendment Agreement as
Amended by Third Amendment Agreement as Amended by the Fourth Amendment Agreement as
Amended by the Fifth Amendment Agreement between the parties hereto shall remain in full force
and effect.
IN WITNESS WHEREOF the parties have entered into and executed this Sixth Amendment
Agreement on the date and year first written above.
CITY OF ELGIN
Attest:
City Clerk
TRANSYSTEMS CCOORPORATION
By —YQ#
Todd S. Bright
Vice - President
Attest:
Brian L. Fai d
Vice - President
F: Public_ WorkAEngineermgCapital ProjectACBn ConstructiodEngineerm6phase ffranSystems Sixth Amendment Agreement.doc
-2-
Scope of Services — Amendment No. 6
CBD Street Resurfacing and Streetscape Program
SCOPE OF ENGINEERING SERVICES
The scope of work includes construction management/administration for the Phase 5 Streetscape. Also included in this
scope are additional design elements, such as Dexter Court, which were not included in previous amendments.
Phase 5 of the Elgin CBD Improvements include:
Spring Street between Division Street and Kimball Street and Dexter Avenue between Douglas Avenue and Center
Street.
Additionally included areas of oversight are: construction of the streetscape along the west side of S. Grove Street near
Prairie Street, mast arm signage for Phase 1 through Phase 5, restriping of Phase 1 through Phase 2, additional
landscaping quantities for Phase 1 through Phase 4 (as necessary), placement of a surface treatment for the hot -mix
asphalt in the previous phases, and retrofitting of LED luminaires on light poles in Phase 1 (if the alternate bid is
accepted).
A. Construction Inspection Services — 2012 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 contractors 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.
2 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
1
Attachment "G"
Scope of Services — Amendment No. 6
CBD Street Resurfacing and Streetscape Program
to those specifically impacted by the 2012 project will be necessary. These meetings will be smaller
than those conducted during the development of the concept plan. (estimated as 2 small meetings)
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. 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. Shoo 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 "G "''
I -,
Scope of Services — Amendment No. 6
CBD street Resurfacing and Streetscape Program
Schedules
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 - today 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 contractor's 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. Obtain the proper waivers, both partial and final, required by contract for the City's progress and final
payment to the Contractor.
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 "G'
Scope of Services — Amendment No. 6
CBD 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 meefing shall be to have continuous
improvement in procedures and property ownentenant disruption over the course of the multi-year project.
d. Prepare a summary of quantities and final cost of construction based on approved contract unit prices
and final measurements and calculations of the work performed under this construction contract.
e. Prepare final Change Order documents for City to present to City Council, along with back up
documentation mentioned above.
B. Streetscape Roadway, and Water Main Additional Improvements Design Services —2012 proiect
Field Survey
a. Conduct 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 in Phases 3, 4 and as -built structure information from Phase 5.
b. Downloaded supplemental drainage survey (including survey obtained for Phases 1 and 2) in
Microstation v8. Plotted survey at 1"=20' scale.
2. Documents
a. Prepare base map of all existing drainage and utility structures in the CBD.
b. Prepare a map of the sidewalk vaults remaining after the CBD work has been completed.
4
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Elgin CBD Street Resurfacing and Streetscape Program
City of Elgin
Attachment "Gt"
Direct Cost Summary
TranSystems
A -1 Pre - Construction
Company Vehicle
$ 45.00 /day
$
8,595
1 day @
$ 45.00 Iday,
$
45
Vehicle
100 miles @
$ 0.55 /mile
$
55
Photocopies (11 "x17" reduced size plans)
$ 20.00 /package
$
-
97 sheets @ 5 copies @
$ 0.25 /sheet
$
121
Photocopies (22 "64" full size plans)
97 sheets @ 2 copies @
$ 1.35 /sheet
$
262
95 sheets @ 1 copy @
SUBTOTAL
$
483
A -2 Liaison and Contract Control
SUBTOTAL
$
950
Company Vehicle
7 days @
$ 45.00 /day
$
315
SUBTOTAL
$
315
A3 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
191 days@
$ 45.00 /day
$
8,595
SUBTOTAL
$
6,595
A -6 Shoo Drawinas
Overnight Shipping
0 packages @
$ 20.00 /package
$
-
SUBTOTAL
$
-
A -13 Final Completion and Record Drawings
Mylar Reproductions
95 sheets @ 1 copy @
$ 10.00 /sheet
$
950
SUBTOTAL
$
950
Elgin CBD Street Resurfacing and Streetscape Program
City of Elgin
Attachment "G1"
Direct Cost Summary
TranSystems
B-1 Field Survey
Company Vehicle
4 days @
$ 45.00 /day
$
180
SUBTOTAL
$
180
B-2 Documents
Vehicle
5 miles @
$ 0.55 /mile
$
3
Photocopies (11 "W" 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
Overnight Shipping
1 packages @
$ 25.00 /package
$
25
SUBTOTAL
$
592
TOTAL $ 11,543
Geo SenvIces, Inc.
Gent erhnical. 6rvironmental and Gvil Engineering
u, nie! MI
TranSystems Corporation
1475 East Woodfield Road, Suite 600
Schaumburg, IL 60173 -5440
Attention: Ms. Shelley Costello
Re! Construction Inspection /M aterial Testing Services
CBD Streetscapes 2012 — QA Testing
City of Elgin, Illinois
Dear Ms. Costello:
September 19, 2012
Proposal No. 12674
Geo Services (a MBE/ DBE union signatory engineering firm) is pleased to submit our proposal
for Construction Observation /Material Testing Services for the above project. It is our
understanding that our duties for the proposed project will consist of various construction
material tests for compliance with project specifications at phase V 2012 CBD Streetscapes in
City of Elgin, Illinois. The project includes site reconstruction along Spring ave. and Dexter Ave.
According to documents given by TranSystems
consisted on 2 different types of sections.
Resurfacing
• Dexter Ave. —
• From Douglas to Spring
• Spring Ave.
• From Division to Dexter
• From Dexter to Symphony
• Reconstruction.
o Dexter Ave.
• From Spring to Center
o Spring Ave.
• From Symphony to Kimball
available as of this date, the project will be
We will provide an experienced field technician on an as requested basis during the
construction of the proposed work. Our services would include:
• Subgrade soil proof roll observations
• Compaction testing of aggregate for sub -base
• Concrete sampling and testing for air content, slump and temperature and concrete
specimen pick up for strength testing by compressive and flexural test methods performed
at GSI's laboratory
• Bituminous asphalt in -place density testing
We have estimated 6 days for concrete tests, 2 days for HMA tests and 3 days for density tests.
805 Amherst Court, Suite 204 0 Naperville, IL 60565 -3448 ♦ Phone (630) 305 -9166 ♦ Fax (630) 355 -2838
www.geoservicesinc.net
GEO SERVICES, INC. TranSystems Corporation
CONSTRUCTION MATERIALS TESTING SERVICES 2012 CBD STREETSCAPES
PROPOSAL NUMBER 12674 Elgin, Illinois
Also, we have considered 3 sample pick -ups (2 days cylinders and 1 day cores pickups). No
aggregates (CA06) proctor value test has been included in this proposal.
Geo Services, Inc. requires 24 -h our notification for scheduling fieldwork.
All laboratory testing will be performed at our Arlington Heights laboratory located at 1235 East
Davis, Arlington Heights, Illinois, 60005. Our Arlington Heights laboratory meets the
requirements of AASHTO AMRL accreditation for Quality Systems, Soil, Aggregate, Hot -Mix
Asphalt and Portland Cement Concrete and is approved by IDOT.
We propose to provide the above services on a unit price basis according to the attached Cost
Estimate of Consultant Services and we recommend a project budget of $10,666.00.
As per client request, an alternative cost estimate has been added include two days of HMA
work with a project budget of $2,212.50.
For part-time work, the minimum time charge is 3 -hours per day and charges are portal to portal
from Arlington Heights office. Overtime (1.5 X normal rate) will be charged for work over S hour
per day and Saturdays work. Labor rates provided in this proposal are based on the current
union collective bargaining agreement and applicable Prevailing Wage rates. All work will be
performed in accordance with Geo Services, Inc. attached Terms and Conditions.
If there are any questions regarding the information submitted herein, please do not hesitate to
contact us.
Very truly yours,
Geo Services, Inc.
Mark R. Vormittag Antonio Devia
Project Coordinator Project Engineer
enc.
ACCEPTED FOR TRANSYSTEMS CORP.
m
DATE
19 SEPTEMBER 12
GEO SERVICES, INC. Tran$y5tems Corporation
CONSTRUCTION MATERIALS TESTING SERVICES 2012 CBD STREETSCAPES
PROPOSAL NUMBER 12674 Elgin, Illinois
ITEM 1: EARTHWORK
Ouantoy
Unt R•e
Total
Motedel Tests,1
Senlw Engineering Teobnielsn:
'criermwookelland aUbgm4edensi ty.sobb3sedensiy:e51lnspeo0nn.
11960,00
Esdmaled TOtalflaors:
1.0 HOUrs
5135DO 5
13500
NudearDmaiy Gauge
3.00ays
1 or, llp
40 briMay
4.0 Hovra
IITrr'.0
5105 o0 $
3 dem al
6,0 brSMay
130 Hors
Rs:.blwae [afeky)
200.00
1 men
1.0 briMay
1 3 Ho.
l,:mo, el
Poject Engineer
2,6 Ho4m
111000 S
22.0 Hours
pnedi ll Engineer
he.
Ouantoy
Unt R•e
Total
Motedel Tests,1
220 Haurs
$ 30.00 5
11960,00
Mabdal TaYS, it (Oar4.•ne)
1.0 HOUrs
5135DO 5
13500
NudearDmaiy Gauge
3.00ays
$ 5500 S
ifi6.00
MNSarre DenxlynelcOOmM1ip (GLdAbJ Pmuo.)
oO Tests
5105 o0 $
-
Tap Charge. leal. mileage. thick changes not manpower M1rs. rementers)
40 Tmcks
5 5000 $
200.00
mmirllso.h.c eaafaant
'.D Hmos
S 6000 5
60.00
Poject Engineer
2,6 Ho4m
111000 S
275.00
pnedi ll Engineer
C,2b Hoax
S 170.00 5
4250
6rlMVelk Testing EStleco
ed Taal: $
2,657.50
ITEM M CONCRETE
Semor Englrleming T- acalan. PrI.- encrete lestlno, CNindmr Piol
Estimabd TOIaiHOW sx
• ass ,:� 5.0 M1nday 300 Halite (Coa-le Teekl
• Jays ;a 2.0 bralday 0.0 Homo (Omni..)
30.0 Hours
kern
Cush
Unit Re
TPbI
Matenal Tal er-ll
30.0 Hours
S 00.00 5
2,700.00
Material Tester 11 Oaaran e)
00 Hours
5135.00 S
C)tindm Pick Ups
20 Days
S16000 S
32000
COnemm Cpmpfessi.. Tesla,per cy nder
240 CNiodem
S 16.00 S
45600
Tan Charge Ond. nriott,.,NSk MaeOes not manpata,rhrs. for level zonal,
60 Trucks
$ 5000 S
300.00
sannmsbatea Aasistanl
20 Haurs
$ 6000 S
120.00
Pmjed Engineer
3.5 Haurs
S 110.00 $
385.00
Principal Engineer
0.25 He-
$ 170,00 S
42. SO
Projeq Engineer
Concrete Tacoma Estimated Total; $
4.323.50
ITEM 3: ASPHALT
Senior Engineering Technician: Perform subbase density lest lnspedon, Monett eling
Estimated Tatal Haurs:
2 do,gj BO briMay 16.0 Haurs fats";
Dm,o' TOSI)
O days A 2.0 h.May 00 Haaam (O .Ira)
16,0 Hours
Item
Cimino, Unit Pee
Total
Material Teelef0
16.0 Hours $ 9000 5
1p40.00
Materiel Tester 11(OSeNme)
4,eas 6135,00 S
-
NudearDen6lyGeog°
20 Dori $ SE00 S
110,00
Came Denaiy:eet
300"msls $ 40.00 6
1,200
Cotes Pick it's
10 Dan 6160=D S
15000
Tit, CllargeInd mileage 1,,a r.,hs
not artmnm, hl traaei late) 2.0 Tmcki $ 50.00 $
100.00
"'onme.. kre.1.11
La H." 5 50,00 5
0000
Projeq Engineer
3D Haurs S 110.W S
33D.00
Pnaaal Engineer
CS Haurs 6170.0 5
55.00
Asphaft RMA) Testing Estimated Total: S
3.85.00
TOTAL ESTIMATED COST: $
10,066.00
L Fal:ek leatinpw POe DNeJ p%tUllo pe:Ulfcana lr=maur Arll:ptar lRyMU OI!icewli:ne mc::uge Ut>LCUn.
2. Ni re9lsat IYnI nl lvali:paax.mv be acneauk2a O=urs v aavance.3nn: naY a=0ea»I:p myneFls rrcV be cvI{ecr In h :My
auceaunrn.a.ae.
3. Qn:I1Lm nnnmv iy me Chnl wads arvtli= »J al 1 vx alx ^daN!ala. rsrwa %I: by ^ryml epM Ik) nmesW »y, sawmays ane x Ox
n-a n WadNays.
aM fea,net iWrawYOe cA be aP =nr =.^.uval.lne 0f-1 :ry uuMa %e a.' -! Irex.Pw6 of 1a 'a-1 - t121:ea
+a. r(vaal Pay::eu Ivrev =kes wY be Uoc wi0ur 15 Goya M:ecMq ai nc=•<m, n.a:n. wet iw aJJea of vale al 1- t121 Irr
:aAl: a( J=6yrlanry.
S Raansal eFlbnfeF enJ vanal yuolalions wll r=m%Y:'vaif Ion Ca Jeys. el w Fl;,h fife Ply my f:e nu`ipcl b Nange ur wiLErawal
h taWrni be vn.a.OeJ a110r'I a »Ia¢ M IM1a I.:ru el Iera:cNgl Jar eervecs. Any atlJAbnNwoe[w P err PerlNf2a a:l%I¢ ePnrolMare
r:n; vhem.n: nr Uouay ra:»a iWealad en Uic ewl eelin+l=:✓ Ftrv::ex.
19 SEPTEMBER 12
GEO SERVICES, INC. Transystems Corporation
CONSTRUCTION MATERIALS TESTING SERVICES 2012 CBD STREETSCAPES
PROPOSAL NUMBER 12674 Elgin, Illinois
Asphalt(HMA) Testing Estimated Total: $ 2,212.50
TOTAL ESTIMATED COST: $ 2,212.50
Notes
1. Allfie<1 testing will be billed portal to portalto and fromour Arlbgton Heights office w An a rdnnum charge of 3 hours.
2. We request that all testing services be scheduled 24 hours in advance Sane day scheduling requests nay be subject to twenty
percent surcharge.
3. Oven me approved by the Client w N be invoiced at 15x standard rate for w ork beyond eight (8) hourslday, Saturdays and 2.Ox
Sundays and Holidays..
4. Services and fees not listed w ill be quoted upon request, The above prices Include up to four (3) copies of the report distributed
as requested. Payment for invoices w ti be due w Whir 15 days of receipt of invoice. Interest w ill be added at a rate of 1 -112% per
month of delinquency.
5, Proposal esthetes and verbal quotations w ill remain vain for 60 days, at w hkh time they may be subject to change or w Whdraw al.
6. Labor w if be changed at their rates is the lime of rendering our services. Any additional ork w Y be performed at the appropriate
unit charges or hourly rates indicated on the cost estimate of services.
19 SEPTEMBER 12
HMA Alternative Cost Estimate
ITEM 1: ASPHALT
Senior Engineering Technician:
Perform subbase density test inspection, ASphalitesting
Estimated Total Hours:
2 days Q 8.0 hrs /day
16.0 Hours
(ASphab Density
Testing)
1 days @ 10 his/day _
1.0 Hours
(Overtime)
16.0 Hours
Item
Quantity
Unit Fee
Total
Material Tester ll
16.0 Hours
$ 90.00
$
1,440.00
Material Tester 11 (Overtime)
10 Hours
$ 135.00
$
13500
Nuclear Density Gauge
2,0 Days
$ 55.00
$
110.00
Cores Density Test
00 Tests
$ 40.00
$
-
Trip Charge (incl, mileage, truck
charges not manpower hrs. for travel time) 2.0 Trucks
$ 50.00
$
100.00
Administrative Assistant
0.5 Hours
$ 60.00
$
30.00
Project Engineer
2.0 Hours
$110.00
$
220.00
Principal Engineer
0,25 Hours
$ 170.00
$
42.50
Asphalt(HMA) Testing Estimated Total: $ 2,212.50
TOTAL ESTIMATED COST: $ 2,212.50
Notes
1. Allfie<1 testing will be billed portal to portalto and fromour Arlbgton Heights office w An a rdnnum charge of 3 hours.
2. We request that all testing services be scheduled 24 hours in advance Sane day scheduling requests nay be subject to twenty
percent surcharge.
3. Oven me approved by the Client w N be invoiced at 15x standard rate for w ork beyond eight (8) hourslday, Saturdays and 2.Ox
Sundays and Holidays..
4. Services and fees not listed w ill be quoted upon request, The above prices Include up to four (3) copies of the report distributed
as requested. Payment for invoices w ti be due w Whir 15 days of receipt of invoice. Interest w ill be added at a rate of 1 -112% per
month of delinquency.
5, Proposal esthetes and verbal quotations w ill remain vain for 60 days, at w hkh time they may be subject to change or w Whdraw al.
6. Labor w if be changed at their rates is the lime of rendering our services. Any additional ork w Y be performed at the appropriate
unit charges or hourly rates indicated on the cost estimate of services.
19 SEPTEMBER 12
GEO SERVICES, INC. TranSyslems Corporation
CONSTRUCTION MATERIALS TESTING SERVICES 2012 CBD STREETSCAPES
PROPOSAL NUMBER 12674 Elgin, Illinois
GENERAL CONDITIONS
SECTION 1: SCOPE OF WORK: Geo Services, Inc. (GSI) shall perform the services defined in the Agreement and shall invoice
the client for those services according to the rates and unit charges indicated in the Agreement. Any cost estimates stated in this
Agreement shall not be Considered as a firm figure unless otherwise specifically stated in this contract. If unexpected site conditions
are discovered, the scope of work may change even as the work is in progress. GSI will provide these additional services at the
agreed upon rates and unit charges.
Rates for work beyond the scope of this Agreement and not Covered in the Agreement can be provided. GSI can perform additional
work with prior authorization, and will provide confirmation of fees. All costs incurred because of delays in authorizing the additional
work will be billed to the client. Fee schedules are valid for one year following the date of the Agreement unless otherwise noted.
Initiation of services by GSI pursuant to this proposal will incorporate these terms and conditions.
SECTION 2: ACCESS TO SITES, PERMITS AND APPROVALS: Unless otherwise agreed, the client will furnish GSI with right -of-
access to the site in order to perform the work. While GSI will take all reasonable precautions to minimize any damage to the
property, it is understood by the client that in the normal course of work some damage may occur, the restoration of which is not part
of this agreement. Unless otherwise agreed, the client will secure all necessary approvals, permits, licenses and Consents
necessary to the performance of the services hereunder.
SECTION 3: SOIL BORING AND TEST LOCATIONS: The accuracy and proximity of provided survey control will affect the
accuracy of in -situ test location and elevation determinations. Unless otherwise noted, the accuracy of test locations and elevations
will Commensurate only with pacing and approximate measurements or estimates. If greater accuracy is required, the services of a
professional surveyor should be obtained.
The client will furnish GSI with a diagram indicating the location of the site. Boring and test locations may also be indicated on the
diagram. GSI reserves the right to deviate a reasonable distance from the boring and test locations unless this right is specifically
revoked by the client in writing at the time the diagram is supplied. GSI reserves the right to terminate this Agreement if Conditions
preventing drilling at the specified locations are encountered which were not made known to GSI prior to the date of this Contract.
SECTION 4: UTILITIES: In the performance of its work, GSI will take all reasonable precautions to avoid damage or injury to
subterranean structures or utilities. The client agrees to hold GSI harmless and indemnify GSI for any claims, payments or other
liability, including costs and attorney fees, incurred by GSI for any damages to subterranean structures or utilities which are not
called to GSI's attention and Correctly shown on the plans furnished to GSI.
SECTION 5: UNANTICIPATED HAZARDOUS MATERIALS: It shall be the duty of the owner, the client, or their representative to
advise GSI of any known or suspected hazardous substances which are or may be related to the services provided; such hazardous
substances include but are not limited to products, materials, by- products, wastes or samples of the foregoing which GSI may be
provided or obtain while performing its services or which hazardous substances exist or may exist on or near any premises upon
which work is to be performed by GSI employees, agents or subcontractors.
SECTION 6: DISPOSAL OF HAZARDOUS MATERIALS: GSI does not create. generate or at any time own or take possession or
ownership of or arrange for transport, disposal or treatment of hazardous materials as a result of its exploration services. All
hazardous materials, including but not limited to samples, drilling fluids, decontamination fluids, development fluids, soil cuttings and
tailings, and used disposable protective gear and equipment, are the property of the client. and responsibility for proper
transportation and disposal is the client's unless prior contractual arrangements am made. All laboratory and field equipment that
cannot readily and adequately be cleansed of its hazardous contaminants shall become the property and responsibility of the client.
The client shall purchase all such equipment and it shall be turned over to the client for proper disposal unless prior alternate
Contractual arrangements are made.
SECTION 7: REPORTS AND INVOICES: GSI will furnish three copies of the report to the client. The client will be billed for any
additional copies requested. GSI will submit invoices to the client monthly and a final bill upon completion of services. Payment is
due upon presentation of invoice and is past due thirty (30) days from the invoice date. Client agrees to pay a finance charge of one
and one -half percent (1 -112 %) per month, but not exceeding the maximum rate allowed by law, on past due accounts. Client also
agrees to pay all costs and expenses, including reasonable attorney fees incurred by GSI relating to Collection procedures on
overdue accounts. Failure of client to abide by the provisions of this section will be considered ground for termination of this
agreement by GSI.
SECTION 8: OWNERSHIP OF DOCUMENTS: All reports, boring logs, field data, field notes, laboratory test data, calculations,
estimates, and other documents prepared by GSI as instruments of service, shall remain the property of GSI unless there are other
Contractual agreements.
SECTION 9: CONFIDENTIALITY: GSI shall hold confidential all business or technical information obtained from the client or his
affiliates or generated in the performance of services under this agreement and identified in writing by the client as "confidential ".
GSI shall not disclose such information without the client's consent except to the extent required for: 1) Performance of services
under this agreement; 2) Compliance with professional or ethical standards of conduct for preservation of public safety, health, and
19 SEPTEMBER 12
GEO SERVICES, INC. TranSystems Corporation
CONSTRUCTION MATERIALS TESTING SERVICES 2012 COD STREETSCAPES
PROPOSAL NUMBER 12674 Elgin, Illinois
welfare; 3) Compliance with any court order or other governmental directive and /or; 4) Protection of GSI against claims or (:abilities
arising from performance of services under this agreement. GSI's obligation hereunder shall not apply to information in the public
domain or lawfully acquired on a non - confidential basis from others.
SECTION 10: STANDARD OF CARE: Services performed by GSI under this Agreement will be conducted in a manner consistent
with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the
same locale. No other warranty, expressed or implied, is made or intended by the proposal for consulting services or by furnishing
oral or written reports of the findings made. The client recognizes that subsurface Condit ons may vary from those encountered at
the location where borings, surveys, tests or explorations are made by GSI and that the data, interpretations and recommendations
of GSI are based solely upon the data available to GSI. GSI will be responsible for those data, interpretations and
recommendations, but shall not be responsible for the interpretations by others of the information developed.
SECTION 11: SAFETY: GSI has adopted safety policy procedures for its personnel when providing services at known or
suspected hazardous waste sites. GSI personnel will adhere to these procedures, as site conditions require. GSI is not responsible
or liable for injuries or damage incurred by third parties who are not employees of GSI.
It is understood that GSI will not be responsible for job or site safety of the project. Job and site safety will be the sole responsibility
of the contractor unless contracted to others.
SECTION 12: SUBPOENAS: The client is responsible, after notification, for payment of time charges and expenses resulting from
the required response by GSI to subpoenas issued by any party other than GSI in conjunction with work performed under this
contract. Charges are based on fee schedules in effect at the time the subpoena is served.
SECTION 13: LIMITATION OF LIABILITY: The client agrees to limit GSI's liability to the owner, all Construction contractors and
subcontractors on the project and any third party arising from GSI's professional acts, errors or omissions, or omissions or breach of
Agreement or other cause of action, such that the total aggregate liability of GSI to all those named shall not exceed $10,000 or
GSI's total fee for the services rendered on this project. whichever is greater, and client hereby releases GSI from any liability above
such amount. The client further agrees to require of the contractor and his subcontractors an identical limitation of GSI's liability for
damages suffered by the Contractor cribs subcontractor arising from GSI's performance of services. Neither the contractor nor any
of his subcontractors assumes any liability for damages to others, which may arise on account of GSI's professional acts, errors or
omissions.
SECTION 14: INSURANCE: GSI carries worker's compensation and employer's liability insurance and has coverage under public
liability and property damage insurance policies. Certificates for all such policies of insurance will be provided to client upon
request. Within the limits and conditions of such insurance, GSI agrees to indemnify and save client harmless from and against any
loss, damage, injury or liability arising from any negligent acts of GSI, its employees, agents, subcontractors and their employees
and agents. GSI shall not be responsible for any loss, damage or liability beyond the amounts, limits and conditions of such
insurance. GSI shall not be responsible for any loss, damage or liability arising from any acts by a client, its agents, staff
consultants employed by others, or other third parties who are not employees of GSI.
SECTION 16: INDEMNITY: The client acknowledges that GSI has neither created nor contributed to the creation or existence of
any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous substances or conditions at the site. Accordingly,
except as expressly provided in this Contract, the Client waives any claim against GSI and agrees to indemnify and save GSI, its
agents, and employees harmless from any claim, liability or defense cost, including but not limited to attorney fees and other
incidental costs, for injury or loss sustained by any party from such exposures allegedly arising out of or related to GSI's
performance of services hereunder. Client and GSI agree that they will not be liable to each other, under any circumstances, for
special, consequential or punitive damages arising out of or related to this Contract.
SECTION 16: SAMPLES: GSI will retain all soil and rock samples that are transported to GSI laboratories for 30 days after
submission of the report. Further storage or transfer of samples can be made at client expense upon written request.
SECTION 17: SEVERABILITY: if any of the provisions Contained in this Agreement are held illegal, invalid, or unenforceable, the
enforceability of the remaining provisions will not be Impaired.
SECTION 18: TERMINATION: This Agreement may be terminated by either party upon seven (7) days written notice in the event
of substantial failure by the other party to perform in accordance with the terms hereof. Such termination shall not be effective if that
substantial failure has been remedied before expiration of the period specified in the written notice. In the event of termination, GSI
shall be paid for services performed to the termination notice date plus reasonable termination expenses. Expenses of termination
or suspension shall include all direct costs of GSI required to Complete analyses and records necessary to complete its files and
may also include a report on the services performed to the date of notice of termination or suspension.
SECTION 19: PRECEDENCE: These General Conditions shall take precedence over any inconsistent or contradictory provisions
Contained in any proposal, contract, purchase order, requisition, notice to proceed, or like document regarding GSI's services.
19 SEPTEMBER 12
REPORT TO MAYOR & MEMBERS OF CITY COUNCIL
AGENDA ITEM: D
MEETING DATE: October 24, 2012
�i
ELGIN
THE CITY IN THE SUBURBS"
ITEM:
Amendment No. 6 to Engineering Services Agreement with Transystems, Inc. for the 2012 CBD
Streetscape Project
($353,850)
OBJECTIVE:
Improve, maintain and enhance the streetscape and pavement infrastructure of Spring Street
between Kimball Street and Division and Dexter Street between Douglas and Center Street.
RECOMMENDATION:
Approve Amendment No. 6 to the existing Engineering Services Agreement with Transystems,
Inc. to provide design for streetscape construction administration for watermain in the amount
of $353,850.
BACKGROUND
In 2006, the city initiated the Central Business District (CBD) streetscape project by entering in-
to an engineering services agreement with Transystems, Inc. to develop a master plan. Since
the initial agreement, five amendments have been approved to provide design, inspection and
conconstruction administration for the different phases of the streetscape and the infrastruc-
ture aspects of each phase. To date, with the direction of Transystems, Inc., the city has com-
pleted four streetscape and five water main phases.
Amendment No. 6 attached as Attachment A will provide construction administration for the
fifth and final phase of the streetscape. The majority of work by Transystem, Inc. in 2012 and
2013 will focus on street improvements on Spring Street between Kimball and Division and on
Dexter Street between Douglas and Center. However, several smaller areas of concern will have
construction administration provided for by Transystems, Inc. These areas will include: new LED
lights in the original CBD Streetscape phase; a portion of sidewalk near the former Crocker site
previously excluded due to potential development; redesign of the City Hall sign and other
touch ups at Dexter Court not considered previously; maintenance in original phases of the
streetscape; repairs of planters damaged by vehicles; one way and street name signage en-
hancements in the previous phases and several minor miscellaneous issues.
J r►
OPERATIONAL ANALYSIS
The attached amendment will provide the city with the project oversight that is essential to
successfully completing the rehabiltiation of sanitary and storm sewers and the construction of
new streetscape pavements. The product the city will strive for is the same as that found along
the various CBD streets where streetscape work has been completed.
A well designed and constructed streetscape project will enhance the business atmosphere,
encourage retail visits and alleviate the typical maintenance effort provided by Public Works for
street repair, sidewalk and curb repairs, utility maintenance and other relative issues for years
to come. The streetscape projects have been well received by the general public and are creat-
ing a renewed interest in the image of the city's downtown area.
The scheduled timing for this project contemplates the contractor starting this season on Spring
Street with underground work and possibly some surface improvements with the intent to
complete the bulk of the project next summer. Unless the construction favorable weather pre-
vails, the project will be shut down for the winter just before Thanksgiving and will begin again
at the end of March 2013. The shutdown will include improvements to make sidewalks and
streets safe and fully accessible. The project will be fully completed by August 16, 2013.
INTERESTED PERSONS CONTACTED
None.
FINANCIAL ANALYSIS
Amendment No. 6 will total $353,850. The total amount of the original agreement and all
amendments is $4,735,175. In addition to construction administration costs, construction ex-
penditures estimated at $3,016,030 will be incurred. The total cost of the fifth and final phase
of the streetscape project is estimated at $3,369,880.
BUDGET IMPACT
FUND(S)
ACCOUNT(S)
PROJECT #
AMOUNT
BUDGETED
AMOUNT
AVAILABLE
Central Area TIF
262- 0000 - 791.92 -32
262000
$4,140,000
$1,123,970
LEGAL IMPACT
None.
J r►
2
ALTERNATIVES
The city council may choose not to authorize the Amendment No. 6 with Transystems.
NEXT STEPS
1. Execute Amendment No. 6.
2. Update the purchase order with Transystems, Inc.
3. Begin engineering efforts to construct streetscape for phase five.
Originators: Joseph Evers, P.E., City Engineer
Final Review: Colleen Lavery, Chief Financial Officer
William A. Cogley, Corporation Counsel /Chief Development Officer
Richard G. Kozal, Assistant City Manager /Chief Operating Officer
Sean R. Stegall, City Manager
ATTACHMENTS
A. Amendment No. 6 Agreement
A