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HomeMy WebLinkAboutRESOLUTION - 8-10 - 1/26/2010 - JOINT AGREEMENT RESOLUTION NO. 8-10 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A JOINT AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND ILLINOIS DEPARTMENT OF TRANSPORTATION FOR PHASE ONE ENGINEERING OF THE BUSSE WOODS TRAIL OVERPASS AT IL ROUTE 72 (PROJECT NO. TCSP-IL09(021) SECTION 09-00058-00-BT) NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached documents marked: ILLINOIS DEPARTMENT OF TRANSPORTATION PRELIMINARY ENGINEERING SERVICES AGREEMENT FOR FEDERAL PARTICIPATION Busse Woods Trail Overpass at IL Route 72 Project Number TCSP-IL09(021) Section Number 09-00058-00-BT a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 5 NAYS: 0 ABSENT: 1 PASSED this 26th day of January 2010. APPROVED this 26th day of January 2010. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Judith M. Keegan, Village Clerk ResintergovagreelDOTB usse WoodsOverpass Local Agency Consultant Elk Grove Village L11015 Deparhyliu t TranSystems O Of TranspOrhiltiOr1 C County C 0 Address Cook A N 1051 Perimiter Dr., Suite 1025 Section L S City r Project No. A Preliminary Engineering State TCS ?YLOW0211 Services Agreement Job No. - 60173 10 E For A Zip Code Contact Name/Phone/E-mail Address N Federal Participation N Contact Name/Phone/E-mail Address Brian Lovering, 847.357.4220 C T Todd Bright,847.407.5271 blovering@elkgrove.org Y tsbright@transystems.com THIS AGREEMENT is made and entered into this day,of between the above Local Agency(LA)and Consultant(ENGINEER)and covers certain professional engineering services in connection with the PROJECT. Federal-aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of Transportation (STATE)will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS. Project Description Name Busse Woods Trail Overpass at IL Route 72 Route FAU 0341 Length 2,000 ft Structure No. New Termini over IL Route 72 conecting the existing Busse Woods Trails Description Phase 1 Engineering Services for the construction of a new bicycle bridge over IL Route 72 just east of the Interstate 290 Northbound Frontage Road. Agreement Provisions I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance,in accordance with STATE approved design,standards and policies,of engineering services for the LA for the proposed improvement herein des"Tbed. 2. To attend any and all meetings and visit the site of the proposed improvement at any reasonable time when requested by representatives of the LA or STATE. 3. To complete the services herein described within 540 calendar days from the date of the Notice to Proceed from the LA, excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER. 4. The classifications of the employees used in the work should be consistent with the employee classifications and estimated man- hours shown in EXHIBIT A. If higher-salaried personnel of the firm, including the Principal Engineer,perform services that are indicated in Exhibit A to be performed by lesser-salaried personnel,the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 5. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable for the PROJECT;and that the ENGINEER has sufficient properly trained,organized and experienced personnel to perform the services enumerated herein. 6. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from the ENGINEER's errors,omissions or negligent acts without additional compensation. Acceptance of work by the STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or for clarification of any ambiguities. 7. That all plans and other documents fumished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the ENGINEER and will affix the ENGINEER's professional seal when such seal is required by law. Plans for structures to be built as a part of the improvement will be prepared under the supervision of a registered structural engineer and will affix structural engineer seal when such seal is required by law. It will be the ENGINEER's responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the STATE. 8. That the ENGINEER will comply with applicable federal statutes,state of Illinois statutes,and local laws or ordinances of the LA. Page 1 of 7 BLR 05610(Rev.9/06) Printed on 11/20/2009 1:26:11 PM g_ The undersigned certifies neither the ENGINEER nor I have: a. employed or retained for commission,percentage,brokerage,contingent fee or other considerations,any firm or person(other than a bona fide employee working solely for me or the above ENGINEER)to solicit or secure this AGREEMENT, b. agreed,as an express or implied condition for obtaining this AGREEMENT,to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c. paid,or agreed to pay any firm,organization or person(other than a bona fide employee working solely for me or the above ENGINEER)any fee,contribution,donation or consideration of any kind for,or in connection with,procuring or carrying out the AGREEMENT. d, are not presently debarred,suspended,proposed for debarment,declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, e. have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining,attempting to obtain or performing a public (Federal,State or local)transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery, bribery,falsification or destruction of records,making false statements or receiving stolen property, f, are not presently indicted for or otherwise criminally or civilly charged by a government entity(Federal, State or local)with commission of any of the offenses enumerated in paragraph(e)and g. have not within a three-year period preceding this AGREEMENT had one or more public transactions(Federal,State or local) terminated for cause or default. 10. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA. 11. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 12. To submit BLR 05613, Engineering Payment Report,to the STATE upon completion of the project(Exhibit B). 13. Scope of Services to be provided by the ENGINEER: ® Make such detailed surveys as are necessary for the planning and design of the PROJECT. ❑ Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and flood flow histories. ® Prepare applications for U.S.Army Corps of Engineers Permit,Illinois Department of Natural Resources Office of Water Resources Permit and Illinois Environmental Protection Agency Section 404 Water Quality Certification. ❑ Design and/or approve cofferdams and superstructure shop drawings. ® Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or culvert types and high water effects on roadway overflows and bridge approaches). ® Prepare the necessary environmental and planning documents including the Project Development Report, Environmental Class of Action Determination or Environmental Assessment,State Clearinghouse,Substate Clearinghouse and all necessary environmental clearances. ® Make such soil surveys or subsurface investigations including borings and soil profiles as may be required to furnish sufficient.data for the design of the proposed improvement. Such investigations to be made in accordance with the current Standard Specifications for Road and Bridge Construction,Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE. ® Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation. ® Prepare preliminary roadway and drainage structure plans and meet with representatives of the LA and STATE at the site of the improvement for review of plans prior to the establishment of final vertical and horizontal alignment,location and size of drainage structures, and compliance with applicable design requirements and policies. ❑ Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. ❑ Complete the general and detailed plans,special provisions and estimate of cost. Contract plans shall be prepared in accordance with the guidelines contained in the Bureau of Local Roads and Streets manual. The special provisions and detailed estimate of cost shall be furnished in quadruplicate. ® Furnish the LA with survey and drafts in quadruplicate all necessary right-of-way dedications,construction easements and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. Page 2 of.7 BLR 05610(Rev.9/06) Printed on 11/20/2009 1:26:11 PM II. THE LA AGREES, 1. To furnish the ENGINEER all presently available survey data and information 2. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT,on the basis of the following compensation formulas: Cost Plus Fixed Fee ® CPFF=14.5%[DL+ R(DL)+OH(DL)+IHDC],or ❑ CPFF= 14.5%[DL+R(DL)+ 1.4(DL)+ IHDC],or ❑ CPFF= 14.5%[(2.3+R)DL+IHDC] Where: DL=Direct Labor IHDC=In House Direct Costs OH=Consultant Firm's Actual Overhead Factor R=Complexity Factor Specific Rate ❑ (Pay per element) Lump Sum ❑ 3. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409: ❑ With Retainage a) For the first 50%of completed work,and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA,monthly payments for the work performed shall be due and payable to the ENGINEER,such payments to be equal to 90%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50%of the work is completed,and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA,monthly payments covering work performed shall be due and payable to the ENGINEER,such payments to be equal to 95%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and the STATE,a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. ® Without Retainage a) For progressive payments—Upon receipt of monthly invoices from the ENGINEER and=the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER,such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and STATE,a sum o money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 4. The recipient shall not discriminate on the basis of race,color,national origin or sex in the award and performance of any DOT- assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program,as required by 49 CFR part 26 and as approved by DOT,is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to cant'out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to cant'out its approved program, the Department may impose sanctions as provided for under part 26 and may,in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C.3801 et seq.). III. IT IS MUTALLY AGREED, 1. That no work shall be commenced by the ENGINEER prior to issuance by the LA of a written Notice to Proceed. 2. That tracings,plans,specifications,estimates,maps and other documents prepared by the ENGINEER in accordance with this AGREEMENT shall be delivered to and become the property of the LA and that basic survey notes,sketches,charts and other.data prepared or obtained in accordance with this AGREEMENT shall be made available,upon request,to the LA or to the STATE, without restriction or limitation as to their use. Page 3 of 7 BLR 05610(Rev.9/06) Printed on 11/20/2009 1:26:11 PM 3. That all reports,plans,estimates and special provisions furnished by the ENGINEER shall be in accordance with the current Standard Specifications for Road and Bridge Construction,Bureau of Local Roads and Streets Administrative Policies,Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE,it being understood that all such furnished documents shall be approved by the LA and the STATE before final acceptance. During the performance of the engineering services herein provided for,the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 4. That none of the services to be furnished by the ENGINEER shall be sublet,assigned or transferred to any other party or parties without written consent of the LA. The consent to sublet,assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this agreement. 5. To maintain,for a minimum of 3 years after the completion of the contract,adequate books,records and supporting documents to verify the amounts,recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the STATE;and to provide full access to all relevant materials. Failure to maintain the books,records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books,records and supporting documentation are not available to support their purported disbursement. 6. The payment by the LA in accordance with numbered paragraph 3 of Section II will be considered payment in full for all services rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT. 7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error,omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LA,the STATE, and their officers,agents and employees from all suits,claims,actions or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. 8. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination,the ENGINEER shall cause to be delivered to the LA all drawings, plats,surveys, reports, permits,agreements,soils and foundation analysis,provisions,specifications,partial and completed estimates and data,if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LA. The LA will be responsible for reimbursement of all eligible expenses to date of the written notice of termination. 9. This certification is required by the Drug Free Workplace Act(301LCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including,but not limited to,suspension of contract or grant payments, termination of a contract or grant and debarment of the contracting or grant opportunities with the State for at least one(1)year but no more than five(5)years. For the purpose of this certification,"grantee'or"contractor'means a corporation, partnership or other entity with twenty-five(25)or more employees at the time of issuing the grant,or a department,division or other unit thereof,directly responsible for the specific performance under a contract or grant of$5,000 or more from the State,as defined in the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: a. Publishing a statement: (1) Notifying employees that the unlawful manufacture,distribution,dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractors workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that,as a condition of employment on such contract or grant,the employee will: (a) abide by the terms of the statement;and (b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5) days after such conviction. b. Establishing a drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's or contractor's policy of maintaining a drug free workplace; (3) Any available drug counseling,rehabilitation and employee assistance program;and (4) The penalties that may be imposed upon an employee for drug violations. c. Providing a copy of the statement required by subparagraph(a)to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. d. Notifying the contracting or granting agency within ten(10)days after receiving notice under part(B)of paragraph(3)of subsection(a)above from an employee or otherwise receiving actual notice of such conviction. e. Imposing a sanction on,or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, f. Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is required and indicating that a trained referral team is in place. g. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. Page 4 of 7 BLR 05610(Rev.9/06) Printed on 11/20/2009 1:26:11 PM 10. The ENGINEER or subconsultant shall not discriminate on the basis of race,color,national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49'CFR part 26 in the administration of DOT assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT,which may result in the termination of this AGREEMENT or such other remedy as the LA deems appropriate. Agreement Summary Prime Consultant: TIN Number Agreement Amount Transystems 1 43-0839725 $152,325.98 . Sub-Consultants: TIN Number Agreement Amount Huff&Huff Inc. 36-3044842 $16,758.40 Wang Engineering 36-3191909 $56,873.51 Sub-Consultant Total: $73,631.91 Prime Consultant Total: $152,325.98 Total for all Work: $225,957.89 Executed by the LA: Cook County,Illinois (Munk*38 tyfTownSWp/County) ATTEST: By: Judith M. Keegan By: Craig B.Johnson Elk Grove Village Clerk Title: Mayor (SEAL) Executed by the ENGINEER: ATTEST: Todd S.Brigh�t,,TranSystems BY \ By: Title: Vice President Title: Vice President Page 5 of 7 BLR 05610(Rev.9/06) Printed on 11/20/2009 1:26:11 PM _ _ N O fl- N to CO CD 00 O O Cl) N 1!') Q? M O L!') 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Under penalty of law for perjury or falsification, the undersigned certifies that work was executed by the Sub-consultant for the amount listed below. Sub-Consultant Name TIN Number Actual Payment from Prime Huff& Huff Inc. 36-3044B42 Wang Engineering 36-3191909 Sub-Consultant Total: Prime Consultant Total: Total for all Work Completed: Signature and title of Prime Consultant Date Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as concurrinq with the payment amount specified above. Page 7 of 7 BLR 05610(Rev.9/06) Printed on 12/15/2009 3:05:42 PM I > �= io Q to m CV O 6 O III Hill 11 "d A 9 7 N c : o rn v r o 0 O. 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Uf C� O O iW :3O OM O N 0 O to t0 M N N M CO CO 1A M V QOC- 1- Nt000LntnvC7NC me 04NNCl) N F J d = C O U 2 N C ' O Z U_ O m m J Q L t J N 3 3LL C-0 L L t O N L LH c m _ m ._ c 3:= _ _ — co Z J m C S W c S = — - - - p y W V m C W C - - - m C C C _Z5 y m L W W m w L � °' 2WwmmmmU � v 'v 'vy ¢ U U g C y U c c C c a m e m • 3 a a c 2 W j ` .E c C c c y W L L a. wwww0 m cFm- Fm- H Q y cn mc E W m v m N m ° - c- c- m 2 E o0 0 _ N c cm o 0 = cm ° m et ro q ¢ Q ¢ m v UL a a aco 0cod000U) � � UUUtn ¢ §§ a LcoL o § § 10 & k q � §§ � 1 o(� �R@ . §�LLJ >k0 0 oCL ou@ m cv at 0 § n U) x � X / p U. kk w . z 2 « 9 CL C-4 CIO co Q \ (D / w 2 0 CL 3LUw Woo bX■ ( J $U) S j k . � cc ■ | E C � - ■ E � $ w a z j co ] kk z � $J LLCL DF-824-039 REV 12/04 PAYROLL RATES FIRM NAME TranSystems DATE 11102/09 PRIME/SUPPLEMENT Prime PSB NO. Local ESCALATION FACTOR 3.69% CLASSIFICATION CURRENT RATE CALCULATED RAT Principal in Charge $70.00 $70.00 Max Senior Project Manager(Highway/Construction) $67.58 $70.00 Project Manager(Highway) $56.34 $58.42 Construction Manager $60.00 $60.00 Max Chief Structural Engineer $60.00 $62.22 Senior Project Engineer(Highway) $54.42 $56.43 Project Engineer(Highway) .$48.74 $50.54 Design Engineer III (Highway) $43.86 $45.48 Design Engineer II(Highway) $35.03 $36.32 Design Engineer I (Highway) $28.71 $29.77 Survey Crew Chief $31.10 $32.25 Instrument Person $31.10 $32.25 Rodman $20.40 $21.15 CADD Technician III $28.48 $29.53 CADD Technician II $25.75 $26.70 CADD Technician 1 $20.20 $20.95 Senior Administrator $34.56 $35.84 Administrative Assistant $22.19 $23.01 PREPARED BY THE AGREEMENTS UNlTprinted 11/2/2009 9:59 AM Busse Woods Trail Overpass at IL Route 72(FAU 0341) Section No.:09-00058-00-BT Elk Grove Village Direct Cost Summary OutsideIn-House 1 Pried Coordination&Data Collection Vehicle Days 0 vehicle @ 0 days @$45.00 per day $ Mileage 1 trips @ 2 miles @$0.55 per mile $ 1.10 Letter Size Copies 10 sheets @ 10 copies @$0.10 per sheet 1 submittals $ 10.00 Color Copies 5 sheets @ 10 copies @$1.00 per sheet 1 submittals S 50.00 Full Size Copies 10 sheets @ 10 copies @$0.80 per sheet 1 submittals $ . 80.00 Mylar 0 sheets @ 0 copies @$9.00 per sheet 0 submittals $ - FedEx/Messenger 2 deliveries @$20.00 per defvery $ 40.00 Legal Notices&Advertising Subtotals $ 181.10 $ 2 Field Surveys Vehicle Days 1 vehicle @ 15 days @$45.00 per day $ 675.00 Mileage 0 trips @ 0 miles @$0.55 per rule $ - Letter Size Copies 0 sheets @ 0 copies @$0.10 per sheet 0 submittals $ Color Copies 0 sheets @ 0 copies @$1.00 per sheet 0 submittals $ Fu8 Size Copies 0 sheets @ 0 copies @$0.80 per sheet 0 submittals $ Mylar 0 sheets @ 0 copies @$'9.00 per sheet 0 submittals $ FedEx/Messenger 0 deliveries @$20.00 per delivery $ Legal Notices&Advertising SubtDtals $ $ 675.00 3 Geotechnical Investigation Vehicle Days 0 vehicle @ 0 days @$45.00 per day $ - Mileage 0 trips @ 0 miles @$0.55 per mile $ Letter Size Copies 0 sheets @ 0 copies @$0.10 per sheet 0 submittals $ Color Copies 0 sheets @ 0 copies @$1.00 per sheet 0 submittals $ Full Size Copies 0 sheets @ 0 copies @$0.80 per sheet 0 submittals $ Mylar 0 sheets @ 0 copies @$9.00 per sheet 0 submittals $ FedEx/Messenger 2 deliveries @$20.00 per delivery $ 40.00 Legal Notices&Advertising Subtotals $ 40.00 $ 4 Traffic&Safety Analysis Vehicle Days 0 vehicle @ 0 days @$45.00 per day $ Mileage 2 trips @ 2 miles @ $0.55 per mile $ 2.20 Letter Size Copies 25 sheets @ 10 copies @$0.10 per sheet 1 submittals $ 25.00 Color Copies 0 sheets @ 0 copies @$1.00 per sheet 0 submittals $ - Full Size Copies 0 sheets @ 0 copies @$0.80 per sheet 0 submittals $ Mylar 0 sheets @ 0 copies @$9.00 per sheet 0 submittals $ FedEx/Messenger 0 deliveries @$20.00 per delivery $ - Legal Notices&Advertising Subtotals $ 27.20 $ 5 Preliminary Design Studies Vehicle Days 0 vehicle @ 0 days @$45.00 per day $ Mileage 0 trips @ 0 miles @$0.55 per mile $ - Letter Size Copies 75 sheets @ 10 copies @ $0.10 per sheet 1 submittals $ 75.00 Color Copies 10 sheets @ 10 copies @ $1.00 per sheet 1 submittals $ 100.00 Full Size Copies 10 sheets @ 10 copies @$0.80 per sheet 1 submittals $ 80.00 Mylar 0 sheets @ 0 copies @$9.00 per sheet 0 submittals $ FedEx/Messenger 2 deliveries @$20.00 per delivery $ 40.00 Legal Notices&Advertising Subtotals $ 295.00 $ Page 1 Busse Woods Trail Overpass at IL Route 72(FAU 0341) Section No.:09-00058-WBT Elk Grove Village Direct Cost Summary Outside In-House 6 Prefiminary Drainage Studies Vehicle Days 0 vehide @ 0 days @$45.00 per day $ Mileage 0 trips @ 0 miles @$0.55 per mile $ - Letter Size Copies 25 sheets @ 10 copies @$0.10 per sheet 1 submittals $ 25.00 Color Copies 5 sheets @ 10 copies @$1.00 per sheet 1 submittals $ 50.00 Full Size Copies 10 sheets @ 10 copes @$0.80 per sheet 1 submittals $ 80.00 Mylar 0 sheets @ 0 copes @$9.00 per sheet 0 submittals $ - FedEx 1 Messenger 0 deliveries @$20.00 per defivery $ Legal Notices&Advertising Subtotals $ 155.00 $ 7 Preliminary Bridge Studies Vehicle Days 0 vehicle @ 0 days @$45.00 per day $ Mileage 0 trips @ 0 miles @$0.55 per mile $ Letter Size Copes 75 sheets @ 10 copies @$0.10 per sheet 2 submittals $ 150.00 Color Copies 10 sheets @ 10 copies @$1.00 per sheet 2 submittals $ 200.00 Full Size Copies 10 sheets @ 10 copies @$0.80 per sheet 2 submittals $ 160.00 Mylar 0 sheets @ 0 copies @$9.00 per sheet 0 submittals $ FedEx/Messenger 2 deliveries @$20.00 per delivery $ 40.00 Legal Notices&Advertising Subtotals $ 550.00 $ 8 Emimrmental Studies Vehicle Days 0 vehicle @ 0 days @$45.00 per day $ Mileage 0 trips @ 0 miles @$0.55 per mile $ - Letter Size Copies 50 sheets @ 10 copes @$0.10 per sheet 2 submittals $ 100.00 Color Copies 10 sheets @ 10 copies @$1.00 per sheet 2 submittals $ 200.00 Full Size Copes 10 sheets @ 10 copes @$0.80 per sheet 2 submittals $ 160.00 Mylar 0 sheets @ 0 copies @$9.00 per sheet 0 submittals $ FedEx/Messenger 2 deliveries @$20.00 per delivery $ 40.00 Legal Notices&Advertising Subtotals $ 500.00 $ 9 Preferred Improvement Plan Vehicle Days 0 vehicle @ 0 days @$45.00 per day $ Mileage 0 trips @ 0 miles @$0.55 per mile $ - Letter Sae Copes 100 sheets @ 10 copies @$0.10 per sheet 2 submittals $ 200.00 Color Copes 5 sheets @ 10 copies @$1.00 per sheet 2 submittals $ 100.00 Full Size Copes 10 sheets @ 10 copies @$0.80 per sheet 2 submittals $ 160.00 Mylar 0 sheets @ 0 copies @$9.00 per sheet 0 submittals $ - FedEx/Messenger 0 deliveries @$20.00 per delivery $ Legal Notices&Advertising Subtotals $ 460.00 $ 10 Meetings Vehicle Days 0 vehicle @ 0 days @$45.00 per day $ Mileage 9 trips @ 10 miles @$0.55 per mile $ 49.50 Letter Size Copes 10 sheets @ 10 copies @$0.10 per sheet 9 submittals $ 90.00 Color Copies 5 sheets @ 10 copes @$1.00 per sheet 9 submittals $ 450.00 Full Size Copes 5 sheets @ 5 copies @$0.80 per sheet 9 submittals $ 180.00 Mylar 0 sheets @ 0 copies @$9.00 per sheet 0 submittals $ FedEx/Messenger 0 deliveries @$20.00 per delivery $ Legal Notices&Advertising $ 1,000.00 Subtotals $ 1,769.50 $ I Page 2 I Busse Woods Trail Overpass at IL Route 72(FAU 0341) Section No.:09-00058-00-BT Elk Grove Village Direct Cost Summary Outside In-House 11 Proied Report Vehicle Days 0 vehicle @ 0 days @$45.00 per day $ Mileage 0 trips @ 0 miles @$0.55 per mile $ Letter Size Copies 150 sheets @ 15 copies @$0.10 per sheet 2 submittals $ 450.00 Color Copies 10 sheets @ 15 copies @$1.00 per sheet 2 submittals $ 300.00 Full Size Copies 10 sheets @ 15 copies @ S 0.80 per sheet 2 submittals $ 240.00 Mylar 0 sheets @ 0 copies @$9.00 per sheet 0 submittals $ - FedEx I Messenger 3 deliveries @$20.00 per delivery $ 60.00 Legal Notices&Advertising Subtotals $ 1,050.00 $ Totals $ 5,027.80 $ 675.00 Page 3 ATTACHMENT A TRANSYSTEMS CORPORATION MINIMAX RATE RANGES CONSULTANT'S REGULAR STAFF As of 314109 Principal-In-Charge 77.00 163.00 81.00 171.00 85.00 180.00 Senior Project Manager 52.00 129.00 55.00 135.00 58.00 142.00 Project Manager 42.00 81.00 44.00 85.00 46.00 89.00 Chief Structural Engineer 63.00 99.00 66.00 104.00 69.00 109.00 Senior Project Engineer 39.00 75.00 41.00 79.00 43.00 83.00 Architect 41.00 64.00 43.00 67.00 45.00 70.00 Senior Transportation Planner 40.00 108.00 42.00 113.00 44.00 119.00 Transportation Planner 30.00 46.00 32.00 48.00 34.00 50.00 Project Engineer 36.00 68.00 38.00 71.00 40.00 75.00 Design Engineer III 33.00 60.00 35.00 63.00 37.00 66.00 Design Engineer II 26.00 49.00 27.00 51.00 28.00 54.00 Design Engineer 1 21.00 40.00 22.00 42.00 23.00 44.00 Construction Manager 52.00 81.00 55.00 85.00 58.00 89.00 Resident Engineer 37.00 81.00 39.00 85.00 41.00 89.00 Senior Resident Inspector 32.00 67.00 34.00 70.00 36.00 74.00 Resident Inspector 29.00 61.00 30.00 64.00 32.00 67.00 Assistant Resident Inspector 23.00 47.00 24.00 49.00 25.00 51.00 Construction Inspector V 46.00 72.00 48.00 76.00 50.00 80.00 Construction Inspector IV 29.00 58.00 30.00 61.00 32.00 64.00 Construction Inspector III 26.00 40.00 27.00 42.00 28.00 44.00 Construction Inspector II 23.00 35.00 24.00 37.00 25.00 39.00 Professional Land Surveyor 38.00 59.00 40.00 62.00 42.00 65.00 Survey Crew Chief 27.00 42.00 28.00 44.00 29.00 46.00 Instrument Person 27.00 42.00 28.00 44.00 29.00 46.00 Rodman 17.00 26.00 18.00 27.00 19.00 28.00 CADD Technician III 24.00 38.00 25.00 40.00 26.00 42.00 CADD Technician II 21.00 34.00 22.00 36.00 23.00 38.00 i CADD Technician 1 17.00 26.00 18.00 27.00 19.00 28.00 Senior Administrator 27.00 108.00 28.00 113.00 29.00 119.00 Administrative/Clerical 13.00 37.00 1 14.00 1 39.00 15.00 41.00 I I TranSystems • 1051 Perimeter Drive Suite 1025 Schaumburg,IL 60173-5058 Tel 847.605.9600 Fax 847.605.9610 www.transystems.com SCOPE OF SERVICES—PRELIMINARY ENGINEERING SERVICES November 20,2009 CONSULTANT: TranSystems LOCATION: Busse Woods Trail Overpass at IL Route 72 SECTION NO.: 09-00058-00-BT PROJECT NO.: TCSP-IL09(021) JOB NO.: P-91-293-10 COUNTY: Cook,Elk Grove Village LA CONTACT: Brian Lovering(847)357-0220 Project Understanding The proposed improvement consists of constructing a bicycle overpass along the Busse Woods Trail System over Illinois Route 72(Higgins Road). The existing at-grade path crosses the six-lane arterial roadway at the signalized intersection of Illinois Route 72 and the Interstate 290 Northbound Frontage Road. The roadway carries in excess of 40,000 vehicles per day and the ramps carry nearly 15,000 vehicles per day. These heavy traffic volumes coupled with the high vehicular speeds encountered on the routes create a hazardous crossing for users of the trail. The trail is used for both commuter and recreational purposes and is interconnected with adjacent communities to create an effective regional pathway. The trail system links users to the Illinois Prairie Path and Fox River trail systems. The Village and adjacent communities have implemented numerous path improvements including several grade separation projects to enhance the safety and operation of the trail facility. The proposed overpass structure at Illinois Route 72 would remove the vehicular conflict with bicyclist and pedestrian traffic on this regional trail system. The project is supported by adjacent communities including the City of Rolling Meadows and Village of Schaumburg,as well as the Chicagoland Bicycle Federation and Forest Preserve District of Cook County. As federal funds will be used for the project,a complete Phase 1 study will be required to identify and address environmental concerns,traffic impacts,public concems,and bridge location/geometry. It is anticipated that the proposed overpass will clear span Illinois Route 72. Right-of-way will not be required from the State but will be donated from the Forest Preserve. The Forest Preserve is a non-financial cosponsor of the project. Scope of Services The proposed scope has been prepared to follow the Federal-Aid procedures and guidelines.After meeting with IDOT Bureau of Local Roads and Streets on October 8,2009,it is assumed that the project will be processed as a Categorical Exclusion Group 2 project. The IDOT approved Phase 1 Flow Diagram,which identifies project deliverables and milestones required from Initial Data Collection to Design Approval,will be followed. The following is a summary of the items that are included in the proposed scope of services. S -11 SYstemss Busse Woods Trail&IL Route 72 Bicycle Overpass Phase 1 Scope of Work November 20,2009 Page 2 1. Proiect Coordination and Data Collection A. Obtain the following information from the appropriate agencies: existing roadway and bikeway plans,ridership and user data,right-of-way data,future forest preserve plans,National Wetland Inventory Maps,crash reports (for the 3 most recent years),public and private utility atlases,existing vehicle and bicycie/pedestrian traffic counts,bench mark and other survey datum information. B. Obtain aerial photography at 1°=50'scale for use in the preliminary design studies,environmental survey request,and at public meetings. C. Summarize data collection elements in tables,exhibits,and/or maps for use throughout the duration of the project including, Project Location Map and Existing Roadway/Bridge Typical Sections. D. Conduct site visit,perform general site survey,inventory signs,and take pictures of project features. Prepare log of signs and photographs for use by project team during engineering phases. E. Submit State and Sub-State(CMAP)Clearinghouse review forms. F. Provide project administration;prepare monthly invoicing and monthly project status reports.Assume 15- month duration. G. Provide QA/QC reviews. 2. Field Surveys The limits of the survey along Higgins Road will extend 1,400 feet east of the Interstate 290 Ramps. The intersection will not be surveyed.The width of the survey will also extend an additional 800 feet north and 500 feet south of Higgins Road into the Forest Preserve. A. Conduct topographic design survey based on the English system including the establishment of horizontal and vertical controls based on published benchmarks. The survey will include topography,cross sections along Higgins Road and the proposed trail alignment(at 50-foot increments),utility,drainage,and trees. Additional cross sections will be conducted(as needed)at critical locations. B. Verify existing Right-of-Way. Boundary lines will be shown per existing records and Right-of-Way markers found in the field. C. Conduct a drainage survey to obtain drainage invert elevations,direction of flow,outfalls,pipe sizes,and condition of the structures. D. Conduct supplemental/verification topographic design survey as needed. Estimated to be two days. E. Conduct a survey of delineated wetland boundaries identified in the environmental studies. Busse Woods Trail&IL Route 72 Bicycle Overpass Phase 1 Scope of Work November 20,2009 Page 3 F. Download topographic survey and cross sections for use in the preliminary design studies. G. Create project base files,digital terrain model,project design files,project centerline and stationing for use in cross section,alignment,and profile studies. Preliminary plan and profile sheets will be prepared at a scale of 1'=50'. H. JULIE markings from the geotechnical investigations will be surveyed. Based on utility information collected from the survey and from outside sources,develop line work for existing utilities. 3. Geotechnical Investigation The Geotechnical Investigation will be conducted by subconsultant Wang Engineering,Inc.(WEI).The number of borings and depths are detailed in the attached WEI proposal. A Conduct soil investigations along the proposed trail to identify soils stability and subgrade conditions as required. B. Conduct twenty structural borings.Ten borings will be obtained on each side of Higgins Road at an approximate spacing of 75 feet. The first boring will be at the right-of-way line,near the proposed abutment.The remaining borings will be on Forest Preserve property. One third of the borings will be for a low to moderate wall(possibly MSE). The remaining borings will be for a bridge or tall retaining wall. C. Prepare Geotechnical Report including recommendations for bridge substructure design,embankment stability, and undercut requirements. Assume 2 submittals(Preliminary and Final). 4. Traffic and Safety Analysis All traffic data and crash reports needed for analysis under this item will be obtained from the IDOT website and local law enforcement departments. A. Develop existing and 20-year projected(2030)ADT volumes along Higgins Road based on traffic count information shown on IDOT's website. B. Coordinate with CMAP to obtain concurrence and approval of the existing and projected 2030 ADT volumes. C. Prepare crash summary tables and identify crash pattems for the most recent available three-year study period. Sites to be analyzed include the Higgins Road crossing at Interstate 290 Northbound Frontage Road and the Forest Preserves south entrance trail crossing. 5. Alternative Alignment/Preliminary Design Studies A. Establish design criteria for horizontal and vertical geometrics and develop typical section of path and bridge crossing based on bikeway and pedestrian needs. Jmlrystems Busse Woods Trail&IL Route 72 Bicyde Overpass Phase 1 Scope of Work November 20,2009 Page 4 B. Prepare alignment alternatives including turning radii,approach grades,stopping sight distance,and path connection on both the north and south. It is assumed that four alignments will be reviewed. C. After an alignment is selected,evaluate alternative bridge designs based on clearance requirements and aesthetics,including integral abutment,pre-stressed precast concrete beams,steel beams,steel box girders,prefabricated structures,and vehicle loading versus non-vehicle restrictions. D. Evaluate and summarize environmental issues including tree impacts,floodplains,wetlands,and community impacts,as well as construction costs. E. Identify the need for any right-of-way or easements required for the project and access during construction. F. Identify treatments needed for retaining walls and specialty landscaping. G. Meet with Village,IDOT, FHWA,Cook County Forest Preserve,Schaumburg,and other affected agencies to select a preferred alignment. H. Prepare a preliminary bike path and bridge plan showing the preferred alignment and bridge structure. I. Develop order of magnitude cost estimates for each of the four alignments. J. Conduct a cross section analysis along the bridge and trail to verify the right-of-way needs and grading limits.An impact analysis to the adjacent area,including wetlands,trees,forest preserve property, and utility facilities will also be prepared. K. Prepare preliminary plans,profile,and working cross sections(50-foot intervals)to identify preferred alignment,trail geometrics,and right-of-way needs. The need for an Intersection Design Study is not anticipated. 6. Preliminary Drainage Studies A. Prepare an Existing Drainage Plan(1"=50'scale) B. Develop one preferred preliminary drainage concept plan.A formal IDOT Location Drainage Study document is not anticipated and will not be prepared. C. Identify right-of-way and easement requirements based on drainage needs. D. Identify potential utility conflicts. Show utility data on the working cross sections. E. Identify required permits. Pre-application meetings and permit applications will be prepared in Phase 2. ff_, stems s Busse Woods Trail&IL Route 72 Bicycle Overpass Phase 1 Scope of Work November 20,2009 Page 5 7. Preliminary Bridge Studies A. Investigate structural alternatives for the new bridge superstructure and substructure which provide the following: The required trail width; The required vertical and horizontal clearances at Illinois Route 72; Access to existing trails; Structural details that meet aesthetic objectives of the project;and Structural details which require minimal future maintenance. B. Upon selection of the preferred bridge alternative,a TS&L plan will be prepared for review by the Village and IDOT. This drawing will show the size of principal members and general configuration of the proposed improvement. These documents will serve as the basis of the final design. C. Prepare Preliminary Bridge Design and Hydraulic Report(IDOT Form BLR 10210)meeting IDOT Bridge Office requirements. The report will be submitted to the Village and IDOT for review and approval. 8. Environmental Studies A. Prepare an Environmental Survey Request Form to obtain biological resource and cultural resource reviews and signoffs of the project study limits. B. Update IDNR coordination through EcoCAT system near close of project to extend the biological resource clearances through Phase 2. C. Prepare a Programmatic 4(f) document and submit to the Village, IDOT, and the Forest Preserve District of Cook County for review and approval. D. Prepare wetland delineations,investigations,and report. (By sutxonsultant Huff&Huff,Inc.) E. Upon completion of the wetland delineation and report,Wetland Impact Evaluation Forms will be prepared and submitted to IDOT for review and approval. F. Submit the wetland delineation report to the Corps of Engineers for Jurisdictional Determination and permit authorization,outlining permitting requirements. (By subconsultant: Huff&Huff,Inc.) G. A Section 404 Permit and Joint Permit Application are not anticipated at this time. If required,it would be included as a Supplemental Service. H. Conduct an individual tree survey identifying potentially impacted trees' health and species.(By subconsultant: Huff&Huff, Inc.) Systems Busse Woods Trail&IL Route 72 Bicycle Overpass Phase 1 Scope of Work November 20,2009 Page 6 I. Quantify project impacts on trees identified by the tree survey. Prepare summary tables and identify mitigation measures to minimize impacts. J. Perform a Special Waste Screening and prepare a Special Waste Screening memorandum.(By subconsultant: Huff&Huff,Inc.) K. Perform Vegetative Survey on the north side of Higgins Road to identify any potential"prairie"of high quality areas. (By subconsultant Huff&Huff,Inc.) L. The need to prepare a COSIM(Air Quality)Analysis is not anticipated. M. The project is not expected to involve noise concems because the edge of travel way will remain unchanged. Therefore,a noise analysis is not anticipated for the project. N. Review impacts of improvements on forest preserve property and environmental resources,and identify alternative designs to avoid and/or minimize impacts. 0. Summarize the environmental studies and incorporate into the Project Report. 9. Preferred Improvement Plan A. Based on design studies,environmental studies,and public input, prepare the Preferred Improvement Plan for the overpass/bridge meeting Village and IDOT requirements. Develop.the Preferred Improvement Plan on topographic survey mapping. B. Prepare typical sections for the proposed.improvements. C. Analyze construction staging schemes to keep the existing trail operational during construction.Detailed plans will be prepared in Phase 2. D. For the Preferred Improvement Plan refine right-of-way,permanent easement,and temporary easement requirements based on proposed geometric requirements, review of cross sections,and construction access. Prepare right-of-way summary tables. 10. Village,IDOT and Public Meetings The work tasks below include pre-meeting preparation,attendance and preparation of meeting minutes. Minutes (draft and final)will be distributed via email. Hard copies will not be provided for distribution. A. Conduct a Kick-off meeting with the Village and IDOT to discuss goals and objectives of the project. (1 meeting) nstems Busse Woods Trail$IL Route 72 Bicycle Overpass Phase 1 Scope of Work November 20,2009 Page 7 B. Conduct meetings with the Village and Forest Preserve throughout project duration to present design studies,select a preferred alignment,and discuss the project schedule. (3 meetings) C. Attend FHWA/IDOT Coordination meetings to present the Preferred Improvement Plan and obtain approval of proposed design and any variances. It is anticipated the Village would also be in attendance at the meetings.(2 meetings) D. Conduct meetings to coordinate project issues with Schaumburg, Rolling Meadows,utilities,and environmental review agencies. (2 meetings) E. Attend meetings and/or provide information for presentations to the Village Board for their review of the recommended improvement plan.(1 meeting) F. Conduct a Public Informational Meeting to present project need, Preferred Improvement Plan, environmental impacts,project costs,and schedule. The public meeting will be conducted(per Village and IDOT requirements)in an open house format. Work in coordination with the Village to prepare all notifications,handouts, presentation text,exhibits,and minutes. The Village will be responsible for costs of rental of meeting space,publication notices and postings.A slide show presentation is not anticipated. 11. Project Report A. Prepare a Draft Project Report following IDOT Project Development Report(PDR)Categorical Exclusion Group 2(BLR Form 22110)requirements.The PDR will summarize the preliminary engineering efforts including data collection,coordination documentation, alternatives analysis,and Preferred Improvement Plan. B. Prepare a preliminary estimate of cost based on the Preferred Improvement Plan. C. Submit the Draft PDR for Village, IDOT,and FHWA concurrent reviews. (5 copies:Village 2;IDOT,Central Office and FHWA 1 each) D. Revise and submit the Final PDR based on review comments. Incorporate the Public Meeting documentation, including a disposition of all public comments into the Final PDR. E. Submit the Final PDR to the Village, IDOT,and FHWA for Design Approval. (5 copies as noted above) F. Prepare Design Approval request notices for publication by the Village. 1AEIkGrovelBusse woods overpassk scope.docx C O N > CL p C14 Ll � V O Q m N O O d .- ca GO E �O O -cn e0 U fn oi� N 'o a>> Q ro 3 m F 000 r- E � °Oo a> u O o CN �_ '7 > p L ~O to L y o U m '^ z Q a cy ty 3 0 0 CIO ab � p o> o E •°' � CIS 00 Cc > y o o :x z .o O O oU �nx o�N U v� o c x O W wZE= Q o 0 0 v � Q E o amitt U N .7 n o 0 o C A 11>1 0 N ci N O y V O d ° w Y W 0 ❑ O p U b r y - z U U 0 w O H � W U � W q O w u � cnn O O O .O O O O O O N N T i O O Ocl O " cva v� b Or � Q ^ C p U L > o b p y a. 0 3 F. O o z o p y ° :: E E v a� Q O C) o c o o; g > ° E ° U o o °co 0 ^ ... z o E u 0 =C6 :3 m U 3 mO N O .. 0 U nv, Z N 0 C Q W 0 � 6l 3 - o .. m �, c o o U o L o Qo N N oo c V m Z o o (7, D c U 0 0 Q o aCi ° p H 5 C U .. E co v� o O° ° v] 0o CL 'c 0 a 00 u 0 oM 2 U U b w Q 0_ /°° �, 0 > "> - U U Liz co �C y X U O.. o� x 4 Oq ... �" r O- = L i O L M o� --. U LL1 c0 -G c6 N 'y "� po LL oa °'J o s LtU, u °`°' �' C n, C M. a U. " 0 0 o b 3 ti y o O C U 3t C U U F- :° 00 op E E E y 3 E E E 3 y o 0 5 0 n o ° o •o O in 2 "� � � Coq � � t O 'o o a a v E ° = U 0 in a a4 to CO CL. n: o. in in in cj U @ ^" U b v .� 0. cn E-� F i%] _@-1 U (V Ni v vi �C i- oo O, .�-. N `-' - `� °.: 0 v`••.• SUBCONTRACT AGREEMENT BETWEEN TRANSYSTEMS CORPORATION AND CONSULTANT FOR PROFESSIONAL SERVICES THIS SUBCONTRACT AGREEMENT(the"Agreement")is made as of , 200_, by and between TranSystems Corporation("TRANSYSTEMS")and Wang Engineering('CONSULTANT"). WHEREAS, TRANSYSTEMS has entered into an agreement dated 201_, (`Prime Agreement")with Village of Elk Grove Village('OWNER")which provides for TRANSYSTEMS'performing professional services in connection with the project commonly known as Busse Woods Trail Overpass at IL Route 72(Project")as defined in the Prime Agreement;and WHEREAS,TRANSYSTEMS hereby engages CONSULTANT to perform certain services in connection with the Project(the'Services");and WHEREAS,CONSULTANT represents that it has reviewed the portions of the Prime Agreement applicable to such Services;that it is ready,willing,licensed and qualified to perform such services;that it will perform such services to TRANSYSTEMS consistent with and subject to the applicable requirements of the Prime Agreement; ; NOW, THEREFORE, in consideration of the covenants and promises contained in this Agreement, TRANSYSTEMS and CONSULTANT agree as follows: SECTION 1 BASIC SERVICES OF CONSULTANT 1.1 Basic Services. In connection with Project,CONSULTANT shall provide the professional services described in Exhibit A, Scope of Services, for TRANSYSTEMS in all phases of the Project to which this Agreement applies. These services include professional consultation and advice to TRANSYSTEMS, and through or with the knowledge of TRANSYSTEMS,to OWNER and other concerned parties as required to be provided by TRANSYSTEMS under the Prime Agreement. 1.2 Information. CONSULTANT is responsible for obtaining all data and information (other than that specifically designated herein or in the Prime Agreement to be furnished by TRANSYSTEMS or OWNER)necessary for the performance of the required services. 1.3 Communication. CONSULTANT shall communicate with OWNER, TRANSYSTEMS' other independent professional associates and consultants, or other parties involved in the Project only through or with the knowledge of TRANSYSTEMS. All communication reasonably required for the performance of CONSULTANTS services shall be conducted in a timely manner. Copies of all written or electronic communications between CONSULTANT and OWNER or TRANSYSTEMS'other independent professional associates and consultants or other parties involved in the Project shall be copied to TRANSYSTEMS on the same day transmittal is made to the primary recipient(s). 1 Sub Revised August 4,2009 SECTION 2 ADDITIONAL SERVICES OF CONSULTANT 2.1 Additional Services. In connection with the Project, CONSULTANT may be called upon to fumish additional services that are not included as part of the Basic Services. If authorized in writing by TRANSYSTEMS,the CONSULTANT shall perform,provide,furnish or obtain from others such requested Additional Services. Compensation to CONSULTANT for such Additional Services will be paid in accordance with Section 5 of this Agreement. 2.2 Definition. Additional Services shall be any service or work not included in the Basic Services and which are ordered or authorized in writing by TRANSYSTEMS. Such Additional Services may include,but are not limited to,additional field explorations,laboratory testing,analyses,consultations,review or monitoring or services provided in connection with unforeseen conditions encountered during construction such as assistance to TRANSYSTEMS in any redesign,work directive changes or change orders. Additional Services shall also include preparing to serve or serving as a consultant or witness at TRANSYSTEMS'request for TRANSYSTEMS or OWNER in any litigation,arbitration or other legal or administrative proceeding involving the Project. 2.3 Payments for Additional Services. Notwithstanding any provision in this Section,TRANSYSTEMS shall not be liable to CONSULTANT for compensation for such Additional Services for a sum greater than TRANSYSTEMS obtains from OWNER for such Additional Services, less reasonable overhead and profit to TRANSYSTEMS. Any payments to CONSULTANT shall be conditional upon prior receipt of same by TRANSYSTEMS from OWNER. SECTION 3 TRANSYSTEMS'RESPONSIBILITIES TRANSYSTEMS shall do the following in a timely manner so as not to delay the services of CONSULTANT: 3.1 Information. Provide all information and criteria known to TRANSYSTEMS concerning the Project which TRANSYSTEMS and CONSULTANT consider pertinent to CONSULTANT's Services. 3.2 Representative. Designate a person to act as TRANSYSTEMS' representative who shall have the authority to transmit instructions,receive information,and render decisions with regard to CONSULTANTs Services for the Project. 3.3 Access. Request OWNER to arrange for CONSULTANTs access to the Project,as may be necessary for CONSULTANT to perform the Services under this Agreement. 3.4 Notice. Give prompt notice to CONSULTANT whenever TRANSYSTEMS observes any of CONSULTANTS services which it deems deficient,defective,incomplete or otherwise unacceptable as well as notice of observations of any related developments that affect the Scope or timing of CONSULTANTS services. TRANSYSTEMS shall have no obligation to inspect or investigate CONSULTANTS services or the developments that may affect CONSULTANTS services, however, to the extent relevant observations are actually made, prompt notice to CONSULTANT shall be given. 2 Sub Revised August 4,2009 SECTION 4 PERIOD OF SERVICE 4.1 Period of Service. CONSULTANT's obligation to render services hereunder shall extend for a period which may reasonably be required for the design and construction of the Project, including extra work and required extensions thereto. If a fixed date for completion of Services is set forth in Exhibit A,Scope of Services,CONSULTANT shall complete the Services by such date. ' 4.2 Timely Performance. CONSULTANT recognizes that the services of TRANSYSTEMS and others involved in the Project are dependent upon the timely performance of the Services under this Agreement. Unless otherwise provided in Exhibit-A,Scope of Services,or elsewhere in this Agreement,CONSULTANT shall perform such Services in the same character,timing and sequence as TRANSYSTEMS is required to perform services under the Prime Agreement. If in Exhibit A,Scope of Services,specific periods of time for rendering Services are set forth or specific dates by which Services are to be completed are provided,and if such time periods or dates are exceeded through no fault of CONSULTANT, all rates, measures and amounts of compensation provided herein shall be subject to equitable adjustment. CONSULTANTs failure to perform in a timely manner shall be considered a material breach of this Agreement. 4.3 Tests. The field explorations,tests and analyses,if any,will be completed and the Report,if any,shall be submitted within the period stipulated in Exhibit A. 4.4 Time Adjustment. If OWNER or TRANSYSTEMS suspends services, requests significant modifications or changes in the extent of the Project,authorizes Additional Services,or if progress is delayed through no fault of CONSULTANT,the time of performance of CONSULTANT's Services shall be adjusted appropriately. 4.5 Delay. If CONSULTANTs performance under this Agreement is delayed or suspended in whole or in part by OWNER or TRANSYSTEMS for reasons beyond CONSULTANT's control, CONSULTANT shall on written demand to TRANSYSTEMS be reimbursed as provided in Section 5. If such delay or suspension extends for more than one year for reasons beyond CONSULTANT's control,or if CONSULTANT for any reason is required to render services more than one year after Substantial Completion of the Services of this Agreement,all rates,measures and amounts of compensation provided herein shall be subject to equitable adjustment. However,if CONSULTANT's performance under this Agreement is delayed by OWNER, and not by TRANSYSTEMS, the CONSULTANT shall, on written demand to TRANSYSTEMS, be reimbursed only to the extent TRANSYSTEMS receives reimbursement from OWNER less reasonable overhead and profit of TRANSYSTEMS. SECTION 5 PAYMENTS TO CONSULTANT 5.1 Methods of Payment for Services of CONSULTANT. RETAINAGE: All payments to CONSULTANT shall be subject to the same retainage requirements(if any)to which TRANSYSTEMS is subject under its agreement with owner. 5.1.1 For Basic Services. TRANSYSTEMS shall pay CONSULTANT for all Basic Services rendered under Section 1 (and as may be amended)as follows: In accordance with the schedules of personnel and equipment charges shown in Exhibit A,Schedule of Fees and Rates with an upper limit not to exceed$56,873.51,hereto attached and incorporated herein by this reference. 3 Sub Revised August 4,2009 5.1.2 For Additional Services. Subject to the limitation set forth in Section 2.3,TRANSYSTEMS shall pay CONSULTANT for Additional Services rendered under Section 2 as follows: 5.1.2.1 General. For additional Services of CONSULTANTs principals and employees engaged directly on the Project and rendered pursuant to Section 2 on the basis of the schedules of personnel and equipment charges shown in Exhibit B. 5.1.2.2 Serving as a Witness. For services rendered by CONSULTANT's principals and employees as expert consultants or as expert witnesses at the request of TRANSYSTEMS,in any litigation,arbitration or other legal or administrative proceeding as provided in Section 2,on the basis of the schedules of personnel charges shown in Exhibit B. 5.1.3 Reimbursable Expenses. In addition to the payments provided for in paragraphs 5.1.2.1 and 5.1.2.2,TRANSYSTEMS shall pay CONSULTANT the actual costs(except where specifically provided otherwise)of all Reimbursable Expenses incurred in connection with all Basic Services and Additional Services. 5.1.4 Definitions. 5.1.4.1 "Direct Labor Costs"used as a basis for payment shall mean salaries and wages (basic and incentive)paid to all CONSULTANT's personnel engaged directly on the Project,including,but not limited to, engineers,geologists,drillers,laboratory technicians,other technical and business personnel;but does not include indirect payroll related costs or fringe benefits. For the purposes of this Agreement,the principals of CONSULTANT and their current hourly Direct Labor Costs are: Detailed in Exhibit A,Scope of Services and Fees. The hourly Direct Labor Costs of principals and employees of CONSULTANT will be annually adjusted equitably to reflect changes in personnel and in CONSULTANT's overall compensation procedures and practices. 5.1.4.2 "Reimbursable Expenses" shall mean the actual expenses incurred by CONSULTANT(without markup)directly in connection with the performance of the Services under this Agreement,such as expenses for: subsistence and transportation authorized in advance by TRANSYSTEMS;providing and maintaining field office and field laboratory facilities including furnishings, laboratory equipment and supplies, and utilities; toll telephone calls and telegrams;reproduction of reports;Drawings,Specifications,Bidding Documents and similar Project- related items in addition to those required under Section 1;and if authorized in advance by TRANSYSTEMS,overtime work requiring higher than regular rates. In addition, if authorized in advance by TRANSYSTEMS, Reimbursable Expenses will also include expenses incurred for computer time and other highly specialized equipment, including an appropriate charge for previously established programs and expenses of photographic production techniques. 5.2 Times of Payments. 5.2.1 Monthly Invoices.Unless otherwise provided in this Agreement,CONSULTANT shall submit monthly statements for Basic and Additional Services rendered and for Reimbursable Expenses incurred. The monthly statements shall be submitted no later than the tenth(10th)day of the following month. The statements will be based upon the total services actually completed and Reimbursable Expenses incurred at the time of billing. If TRANSYSTEMS objects to any statement submitted,TRANSYSTEMS shall so advise CONSULTANT in writing giving reasons therefor. 5.2.2 Condition Precedent. TRANSYSTEMS shall bill OWNER monthly on account of 4 Sub Revised August 4,2009 CONSULTANT's services and expenses and shall pay CONSULTANT within fourteen days of the time TRANSYSTEMS received payment from OWNER on account thereof. CONSULTANT agrees that TRANSYSTEMS'receipt of payment from OWNER shall be a condition precedent before payment will be made to CONSULTANT. It is intended that payments to CONSULTANT will be made as TRANSYSTEMS is paid by OWNER under the Prime Agreement and that TRANSYSTEMS shall exert reasonable and diligent efforts to collect prompt payment from OWNER. 5.2.3 Supporting Data. All monthly billings shall contain supporting data as may be required by TRANSYSTEMS or the Prime Agreement,such as lien releases and waivers as may be executed by CONSULTANT and any sub-consultant and invoices of sub-consultant. 5.3 Other Provisions Concerning Payments. 5.3.1 Termination Period. If this Agreement is terminated prior to the completion of Basic Services and TRANSYSTEMS has received an acceptable billing statement from CONSULTANT(as provided in paragraph 5.2.1), CONSULTANT will be paid on the basis shown in Exhibit B for all unpaid Basic and Additional Services performed to the date of termination and for completion of analyses,records and written report as provided in paragraph 6.3,plus all unpaid Reimbursable Expenses incurred to the date of termination. CONSULTANT agrees that TRANSYSTEMS' receipt of payment from OWNER shall be a condition precedent before any payment pursuant to this Section 5.3.1 will be made to CONSULTANT. 5.3.2 Cost Factors.Whenever a factor is applied to Direct Labor Costs in determining compensation payable to CONSULTANT,that factor will be adjusted periodically and equitably to reflect changes in the various elements that comprise such factor. All such adjustments will be in accordance with generally accepted accounting practices as applied on a consistent basis by CONSULTANT and consistent with CONSULTANTs overall compensation practice and procedures. SECTION 6 GENERAL CONSIDERATIONS 6.1 Controlling Law. This Agreement is to be governed by the laws of the State of Missouri. 6.2 Termination. 6.2.1 The obligation to provide further services under this Agreement may be terminated by either party upon thirty days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 6.2.2 This Agreement will terminate automatically upon termination of the Prime Agreement. TRANSYSTEMS will notify CONSULTANT promptly of such termination. 6.2.3 Notwithstanding any other provisions herein, TRANSYSTEMS may terminate or suspend performance of this Agreement for TRANSYSTEMS'convenience upon written notice to CONSULTANT. Upon receipt of notice, CONSULTANT shall terminate or suspend performance of the Services on a scheduleacceptable to TRANSYSTEMS and may submit a statement to TRANSYSTEMS for services performed and reasonable termination or suspension expenses. Any payments to CONSULTANT shall be conditional upon prior receipt of same by TRANSYSTEMS from OWNER. 5 Sub Revised August 4,2009 6.3 Completion of Records. In the event of termination by either party prior to completion of Basic Services,CONSULTANT shall complete such analyses and records as are necessary to complete CONSULTANT's files and present to TRANSYSTEMS a written report on the services performed to the date of notice of termination. 6.4 Retention of Records. CONSULTANT shall retain all boring logs, field data, laboratory test data, calculations,notes and other records(except cost records)related to the Project in legible form for a period of seven years following the completion or termination of services under this Agreement. Copies of such records will be made available to OWNER or TRANSYSTEMS upon request at the cost of reproduction. 6.5 Fiscal Records. Fiscal records of CONSULTANT's costs and expenses pertaining to the Project will be kept on a generally recognized accounting basis and made available on TRANSYSTEMS'request for examination and audit,and as required by the Prime Agreement. 6.6 Ownership of Documents. All documents, including but not limited to, drawings, specifications, software,and reports prepared by CONSULTANT for the Project pursuant to this Agreement,shall be owned and be the property of TRANSYSTEMS. 6.7 Opinions of Cost. Since CONSULTANT has no control over the cost of labor,materials,equipment or services fumished by others, or over the Contractors methods of determining prices, or over competitive bidding or market conditions,any opinions of probable construction cost presented by CONSULTANT,or comments on opinions of probable.construction cost or estimates of others, are to be made on the basis of CONSULTANT's experience as a qualified professional engineer familiar with the construction industry;but CONSULTANT cannot and does not guarantee that proposals,bids,or actual costs will not vary from the opinion of probable cost presented. 6.8 Insurance. 6.8.1 Insurance Coverage.CONSULTANT shall maintain throughout the duration of this Agreement insurance of the following types and minimum amounts: (a) Worker's Compensation and Employer's Liability Worker's Compensation Statutory Employer's Liability $500,0001$500,0001$500,000 (b) Commercial Automobile Liability $1,000,000 combined single limit Bodily Injury and Property Damage (c) Commercial General Liability $1,000,000-per occurrence $2,000,000-annual aggregate , $2,000,000-product 1 completed operations per occurrence $1,000,000-personal injury I advertising liability (d) Umbrella/Excess Liability $1,000,000-per occurrence $1,000,000-annual aggregate (e) Professional Liability Insurance in an amount of$1,000,000 per claim and$2,000,000 annual 6 Sub Revised August 4,2009 aggregate (f) If Geotechnical services are being provided by Consultant under this Agreement, Consultant shall provide Contractors Pollution Liability coverage in an amount not less than$1,000,000 per claim and annual aggregate. (g) If aerial mapping or surveying services are being provided by CONSULTANT under this Agreement,CONSULTANT shall provide Aircraft Hull and liability coverage if they own their aircraft or Non-caned Aircraft liability coverage if they subcontract for aircraft services. In either case the coverage amount shall not be less than $2,000,000 per claim and annual amount. (h) If underwater inspection services are being provided by CONSULTANT under this Agreement, CONSULTANT shall provide$2,000,000 combined limits for Excess/Umbrella coverage. In addition, the Workers Compensation coverage shall contain a Waiver of Subrogation and have U.S.Longshoreman's&Harbor Worker's and Jones Act endorsements. The coverage amounts for the insurance required under parts (a), (b), (c) and (g) above may be achieved by a combination of primary and excess coverages. The insurance described above are the minimums that must be carried by CONSULTANT and if different or additional types or amounts of insurance are required of TRANSYSTEMS or of its subcontractors or consultantsunder the Prime Agreement,then Consultant shall maintain such additional amounts and types of insurance as are required under the Prime Agreement. In the event claims of any nature or kind whatsoever against the CONSULTANT or those for whom CONSULTANT is legally responsible result in the reduction in the types and/or minimum amounts of insurance required to be available hereunder,CONSULTANT shall take whatever action is necessary to obtain such additional types or minimum amounts of insurance as are necessary to maintain at all times as required herein the minimum amounts of coverage set forth hereinabove. 6.8.2 Certificates of Insurance. CONSULTANT shall provide TRANSYSTEMS with certificates of insurance reflecting that CONSULTANT has obtained the coverage required by this Agreement and the Prime Agreement. Further,such coverage and certificates of insurance shall identify TRANSYSTEMS and OWNER as an Additional Insured with respect to auto liability and general liability insurance,and if provided,with respect to the contractor's pollution liability and non-owned aircraft liability insurance.The Certificates of Insurance shall reflect that there will be no cancellation or nonrenewal of CONSULTANTs insurance without at least 30 days written notice to TRANSYSTEMS and OWNER. In the event CONSULTANT subcontracts for aerial services,the second tier subcontractor shall provide TRANSYSTEMS with certificates of insurance reflecting the same coverage and additional insured status required of the CONSULTANT. 6.8.3 Insurance of Subcontractors.CONSULTANT will also cause other independent professional associates and consultants retained by CONSULTANT for the Project to procure and maintain comparable insurance coverage of the types and amounts required herein. 6.9 Standard of Care. CONSULTANT shall perform the services under this Agreement with the care and skill required of TRANSYSTEMS under the Prime Agreement(a copy of which Consultant has received)or the care and skill ordinarily used by members of the profession practicing under similar conditions at the same time and in the same or a similar locality,whichever is greater. TRANSYSTEMS and CONSULTANT agree that subsurface conditions may vary from those encountered in borings,surveys or explorations,and that conclusions must be based upon such information as is available. However,CONSULTANT shall be liable for the results of professional errors,omissions or negligence of 7 Sub Revised August 4,2009 CONSULTANT in the performance of services under this Agreement. 6.10 Indemnity.CONSULTANT shall indemnify,defend and hold harmless TRANSYSTEMS and OWNER from and against all losses,claims,damages,or expenses to the extent such losses,claims,damages,or expenses are caused or alleged to be caused by any negligent act,error,or omission of CONSULTANT or any person or organization for whom CONSULTANT is legally liable, including but not limited to, sub-consultants, employees, agents, or representatives. 6.11 Independent Contractors. CONSULTANT is an independent contractor for purposes of its performance on the Project. TRANSYSTEMS shall be the general administrator and coordinator of CONSULTANT's Services and shall facilitate the exchange of information among the independent consultants employed by TRANSYSTEMS as necessary for the coordination of their Services. 6.12 Confidentiality. CONSULTANT shall consider all information provided by TRANSYSTEMS and OWNER and all drawings,reports,studies,design calculations,specifications,and other documents resulting from the CONSULTANT's performance of the Services to be proprietary. CONSULTANT shall not publish or disclose proprietary information for any purpose other than the performance of the Services without the prior written authorization of TRANSYSTEMS. The preceding restriction shall not apply to information which is in the public domain,was previously known to CONSULTANT, was acquired by CONSULTANT from others who have no confidential relationship to TRANSYSTEMS with respect to same, or which, through no fault of CONSULTANT, comes into the public domain. CONSULTANT shall not be restricted in any way from releasing information,including proprietary information,in response to a subpoena,court order,or other legal process. CONSULTANT shall not be required to resist such subpoena,court order, or legal process, but shall promptly notify TRANSYSTEMS in writing of the demand for information before CONSULTANT responds to such demand. TRANSYSTEMS may,at its sole discretion,seek to quash such demand. 6.13 Waiver. A waiver by either TRANSYSTEMS or CONSULTANT of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. 6.14 Severability. The invalidity, illegality,or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. TRANSYSTEMS and CONSULTANT further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 8 Sub Revised August 4,2009 6.15 Changes. It is the desire of the parties to keep changes in the Scope of Services at a minimum,but the parties recognize that such changes may become necessary and agree that TRANSYSTEMS may initiate deletions, modifications, or changes to the Services by advising CONSULTANT, in writing, of the change believed to be .necessary—at the sole discretion of TRANSYSTEMS. As soon thereafter as practicable,CONSULTANT shall prepare a cost estimate of the change and shall inform TRANSYSTEMS of the adjustment in the compensation due CONSULTANT under Section 5 hereof and/or the date of completion as may be provided in.this Agreement. TRANSYSTEMS shall then advise CONSULTANT,in writing,of its approval or disapproval of the change. If TRANSYSTEMS approves the change,a written Contract Amendment shall be executed by both parties and CONSULTANT shall perform the Services as changed and the adjustment in CONSULTANTs compensation and/or completion date shall be set forth in the executed Contract Amendment. CONSULTANT acknowledges and agrees that TRANSYSTEMS shall not be liable to CONSULTANT for a sum greater than TRANSYSTEMS obtains from OWNER for such changes, less reasonable overhead and profit to TRANSYSTEMS. Any payments to CONSULTANT for such changes shall be conditioned upon a prior recovery therefor by TRANSYSTEMS from OWNER. If there is a dispute as to such changes,deductions,alterations or extra or additional work, then CONSULTANT shall proceed with such work or services as directed by TRANSYSTEMS and proceed simultaneously in accordance with the Disputes provision herein. 6.16 Disputes. In the event a dispute arises between TRANSYSTEMS and CONSULTANT regarding the application or interpretation of any provision of this'Agreement,or quality of Services by CONSULTANT,the aggrieved party shall promptly notify the other party to this Agreement of the dispute,but in no event more than 20 days after such dispute arises. If the parties fail to resolve the dispute within 20 days after receipt of such notice,each party shall,within five days thereafter,proceed to non-binding mediation,with each party to bear its own costs and attomeys'fees and the parties shall share equally in the cost of the mediator. In the event the mediation is unsuccessful,the aggrieved party may elect to litigate its dispute with the other party. All disputes shall be governed by the laws of the State of Missouri and the jurisdiction and venue for litigation between the parties shall be solely and exclusively in Jackson County,Missouri,or the United States District Court for the Western District of Missouri. 6.17 Subcontractors/Sub-Consultants. CONSULTANT shall not employ independent consultants, associates,subcontractors or sub-consultants to assist in the performance of CONSULTANTs Services without the prior written consent of TRANSYSTEMS.Such prior written consent shall not be unreasonably withheld by TRANSYSTEMS. 6.18 Assignments. CONSULTANT shall not assign any rights or duties under this Agreement without the prior written consent of TRANSYSTEMS. Unless otherwise stated in the written consent to an assignment,no assignment will release or discharge the CONSULTANT from any obligation under this Agreement. 6.19 Successors and Assigns. TRANSYSTEMS and-CONSULTANT each binds itself and its directors, officers,partners,successors,executors,administrators,assigns,and legal representatives of such other party,in respect to all provisions of this Agreement. 6.20 Compliance with Laws. In performance of the Services,CONSULTANT shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, and standards. CONSULTANT shall procure the permits, certificates, and licenses necessary to allow CONSULTANT to perform the Services. CONSULTANT shall not be responsible for procuring permits, certificates, and licenses required for any construction services unless such responsibilities are specifically assigned to CONSULTANT in Exhibit A, Scope of Services. 9 Sub Revised August 4,2009 SECTION 7 SPECIAL PROVISION,EXHIBITS AND SCHEDULES 7A The following exhibits and schedules are attached to and made a part of this Agreement: Exhibit A-Scope of Services Exhibit B-Schedule of Fees and Rates 7.2 This Agreement together with the exhibits and schedules identified above constitute the entire agreement between TRANSYSTEMS and CONSULTANT and supersede all prior written or oral understandings. This Agreement and said exhibits and schedules may only be amended, supplemented, modified or canceled by a duly executed written instrument. IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as of the day and year first above written. TRANSYSTEMS CORPORATION CONSULTANT By: By: Printed Name: Todd S.Bright Printed Name: Title:Vice President Title: Address for Giving Notices: Address for Giving Notices: 1051 Perimeter Drive,Suite 1025 1145 North Main Street Schaumburg, IL 60173 Lombard,IL 60148 10 Sub Revised August 4,2009 I i EXHIBIT"A" Scope of Services 11 Sub Revised August 4,2009 1145 North Main Street Wang Lombard,Illinois 60148 Engfneerfng Phone(630)953-9928 www.wangengxom October 16, 2009 Mr. Todd Bright TranSystems Corporation 1051 Perimeter Drive Schaumburg, IL 60173 Re: Proposal for Geotechnical Engineering Services Busse Woods Trail at IL Route 72 Bicycle Overpass Wang No.: P091009 Dear Mr. Bright: In response to your request dated October 13, 2009, Wang Engineering, Inc. (Wang) is pleased to present this proposal for geotechnical engineering services to support the proposed new bicycle overpass over IL Route 72 (Higgins Road). Our proposed project approach is detailed below. SCOPE OF WORK Our project understanding is based on information from TranSystems Corporation of the proposed improvements. A new bicycle bridge will be constructed to connect the Busse Woods Trail north and south of the Higgins Road. New bridge abutments and embankments partially supported by walls are envisaged at a preselected location. No previous subsurface investigation results are available for the future overpass site. The objectives of our geotechnical engineering services will be to define the site subsurface soil and groundwater conditions, develop soil parameters for stability and deformation analyses, and provide geotechnical recommendations for the roadway/bike path subgrade preparation, pavement design, embankments, walls, and bridge abutments. Wang will prepare structure reports that will include all the required elements according the most recent IDOT All Geotechnical Manual Users (AGMU) Memoranda. Wang proposes the following tasks: Geotechnical Drilling and Sampling: Our subsurface investigation program has been prepared in general according to the guidelines offered by the IDOT Geotechnical Manual. We estimate that 10 structure borings will be drilled on the north side of the Higgins Road and 10 structure borings on the south side. Fourteen borings will be drilled to 50 feet below ground surface elevations (bgs) and 6 borings to 25 feet bgs. We also estimate that five roadway borings will be drilled on each side of the Higgins Road for the sections between the embankments and the existing trail pavements. Wang will provide equipment, labor, and associated materials to drill and sample the proposed structure and roadway borings. The borings will be advanced with hollow stem augers. Soil samples will be collected with split barrel samplers according to AASHTO T 206, "Penetration Test and Split- Geotechnical Construction Environmental Quality Engineering Services Since 1982 Busse Woods Trail at 1172 Overpass P091009 October 15,2009 Wang Page 2 of 3 Bsghzteering Barrel Sampling of Soils." If necessary, undisturbed soil samples will be .collected according to AASHTO T 207, "Thin Walled Tube Sampling of Soils." Soil samples will be collected at 2.5 feet intervals to 30 feet and at 5 feet intervals thereafter. The roadway borings will be continuously sampled to-boring termination depths. Borehole will be backfilled with soils cutting and bentonite chips. Field Supervision: Prior to the start of the investigation, Wang will locate and mark the borings in the field and coordinate the location of all utilities with respect to the proposed boring locations. Then the boring location will be cleared though JULIE and other utilities not in the JULIE network system. Wang will also submit the permit requests as necessary and will coordinate with the Forest Preserve and IDOT prior entering and working on their properties. A Wang field engineer will monitor drilling activities, maintain field notes, and log the Shelby tube samples. The field engineer will also perform penetrometer and Rimac unconfined compressive strength tests on cohesive soil samples; he will also monitor the groundwater level in boreholes. The planned boring locations will be staked and the as-drilled locations surveyed by Wang using a mapping-grade GPS unit. Laboratory Testing: Soil samples will be transported to our AMRL-certified laboratory. Soil testing will include moisture content, Atterberg limits, and particle size analysis tests. Unconfined compressive strength test and one-dimensional consolidation analyses will be performed if needed. Engineering Analyses and Recommendations: The geotechnical report will include a site location map, a description of the subsurface investigation methods, a soil boring location plan, boring logs, laboratory test results, and an assessment of the site soil and water conditions. SCHEDULING Wang will start the project expediently upon prior written authorization to proceed. We estimate the field investigation will require twelve working days after utility clearance and permitting. The laboratory testing program may require four weeks for completion. The draft geotechnical report will be submitted for review within three weeks after the completion of the laboratory work ESTIMATED COST AND ASSUMPTIONS Our cost estimate was prepared assuming the following conditions: • The site is accessible to an ATV mounted drill rig and traffic control will be required during the drilling of the abutment borings; we will not be required to cut trees or any other vegetation to clear the access to the boring locations, • Cost associated with surveying the as-drilled boring locations and elevations, other than using a hand-held GPS, and utility engineering services are not included in our cost estimate; • Our drill rig operators will be paid prevailing wages; sx,..,..,.r.:-_r..•r;n:�.r,e.,tn a,..,.t..,.. .n...r m>.,....,<•,ra.o.n.:e.,r Geotechnical Construction Environmental Quality Engineering Services Since 1982 Busse Woods Trail at 1172 Overpass P091009 October 15,2009 1w Wang Page 3 of 3 R9 ■ Additional insurance, beyond our standard coverage, is not included in the cost estimate; if required, it will be considered a reimbursement item; ■ Permits fees will be waived, ■ No hazardous materials will be encountered. Wang will provide these services.according to the attached cost estimate for consultant services and the unit prices shown on the direct cost breakdown. Wang Engineering, Inc. appreciates the opportunity to present this proposal. If you have questions, or if you require additional information, please contact us at(630) 953-9928. Sincerely, Wang Engineering, Inc. Corina T. Farez, P.E., P.G. Vice President Attachments: Cost Estimate for Consultant Services Direct Cost Breakdown &Average Hourly Rate per Task . ,rx:rrrr�•.rsr.cr:l:r•.�rku:..n.h..b+r.nr... •.i-n.:;rlcrin+.r..«r..,6M Geotechnical Construction Environmental Quality Engineering Services Since 1982 ,'.(�.:•.rrr...N 3.:f.;t>vwYcb:\:.l.,n:". ..,t,a cl:Ar T:a Ca w'.La I n O O N C-4 r d N O O to 0) O� 'IT d O to 00 to co co LO co Cl) Cr O O 00 (D W M (D (D ~ IT � O CD 69,69 69 6469 ER O n co (D d d ,j cj to t%- (h N ch m )� O O 00 r.- t- n (D O 00 O O ° cl! nnr d r C7 L_ QI C c 69 69 69 69 69 E9 3 0) y (� Q C3 m 0 0 0 0Oo ° oar y t0 N O Ch O C) 0 N rn _ C 4) M Ch Cl) C 0 O E9 C) U 69 > O m O (Uj ft1 LL Co p U O (O CL Co Q �` N co N O - CL m —O .x 00 In 00 COO M m 3 4) m p V LLO E N m E � •� 0 C%4 N M 7 > O (9 ` fn m O D U m EA N9 EA EA co 0 O 00 (D N N 0D N 0. n r r o y ` d r�iNrnrn0 ^ U d _C V m (D c) v U C1 > C 69 69 CO). E9 69 W � r y O d CD (D co d V 00 O Un C CO 00 0) O • r >,O CD ^ � d0 co co 3 N N M N ('7 r r O d o CL ° V V 6A 69 6H 69 E9 � w Q ° odm .- n .- — coo (\l (no d L E N O) r r N N N C7 cr N x a W w w (A 69 69 69 69 U U p N �j ` o 0 0 0 0 Co + + mO v (D 6 CD 00 � o n OS N N0 — m + + + j J J U �6 0) _m ° UCD m @ J J 3 U + + + N C N N :3U N W m O n > o m 0 0. c m C` n -i -P, U m 3 O L J to LO LO > O (� c 'p O 120000 c C =� =m C O d C F O ` @ O O y u ti CN (h O _ E (D •� to d C 0) 0) ?j N co 0)C 4) .� u"1 ?� N LL LL Ll p > N Cl C cr ° O m ClC:v v (n d C U Cl 0 v 60o x x x d m F w d c w n ' LL N y � E ,�i � o U0 FmmE d cm O - ov0° mD 0U U L ti im E L W 0iL0UUon .� CDc Li Li COST ESTIMATE FOR GEOTECHNICAL INVESTIGATIONS BUSSE WOODS TRAIL AND IL 72 BICYCLE OVERPASS ELK GROVE VILLAGE ���`dx�ij�3 - .-9.. ��� '*�xic$"i$1a!,.�"'�..�-�!.r�r r.^-__�wr ;s``'�•.�•. 3y�. .,n,. ,-.-•, s� f_ �.h-ter- a-•�s• Task Description Units Unit Price Extended Cost Drilling Management 4 Hrs. 585.00 /Hour $340.00 Mobilization(Truck Mounted Drill Rig) 0 Each 5625.00 /Each 50.00 Drilling Crew Daily Travel&Support Vehicle 0 Days S145.00 /Day 50.00 Stand-By Time Drill Mounted on Truck 0 His. 5275.00 /Hour 50.00 Mobilization(ATV Mounted Drill Rig) 2 Each 5950.00 /Each 51,900.00 ATV Mounted Drill Rig Daily Charge 10 Days 5275.00 /Day 52,750.00 Drilling Crew Daily Travel&Support Vehicle 0 Days 5145.00 /Day 50.00 Stand-By Time Drill Mounted on ATV 0 Hrs. 5275.00 /Hour 50.00 Portable Water Tank to Service Coring 0 Days 5145.00 /Day 50.00 Lighting for Night Field Activities 0 Nights S120.00 /Night 50.00 Drilling and Sampling Structure Borings-14 Borings to 50 feet and 6 Borings to 25 feet Drilling including split spoon sampling at 2.5'sample interval to 30,5'sample interval thereafter (SPT,Penetrometer,Rimac, Visual Classification Included) Between 0 and 30 Feet Normal Working Hours 570 Feet 521.00/Foot 511,970.00 Restricted Horns(6 His) 0 Feet 527.00/Foot So.00 Night Work 0 Feet 523.00/Foot 50.00 Between 30 and 50 Feet Normal Worsting Hours 280 Fed 524.00/Foot 56,720.00 Restricted Horns(6 His) 0 Feet 530.00/Foot 50.00 Night Work 0 Feet 526.00/Foot 50.00 Between 50 and 75 Feet Normal Working Hours 0 Feet 526.00/Foot 50.00 Restricted Hours(6 Hrs) 0 Feet 533.00/Foot 50.00 Night Work 0 Feet 528-00/Foot 50.00 Between 75 and 100 Feet Normal Working Hours 0 Fed 528.00/Foot 50.00 Restricted Hours(6 His) 0 Feet 536.00/Foot 50.00 Night Work 0 Feet 530.00/Foot 50.00 Between 100 and 125 Feet Normal Working Hours 0 Fed 535.00 /Foot 50.00 Restricted Hours(6 Hrs) 0 Feet 546.00 /Foot 50.00 Night Work 0 Feet 540.00 /Foot 50.00 Between 125 and 150 Feet Normal Working Hours 0 Feet S40.00 !Foot 50.00 Restricted Hours(6 His) 0 Feet 552.00 /Foot 50.00 Night Work 0 Feet 548.00 /Foot 50.00 Additional Split-Spoon Sample 0 No. 540.00 /Each 50.00 I Paga I of 5 WANG ENGINEERING,INC. i I COST ESTIMATE FOR GEOTECHNICAL INVESTIGATIONS BUSSE WOODS TRAIL AND IL 72 BICYCLE OVERPASS ELK GROVE VILLAGE Task Description Units Unit Price Extended Cost Roadway Borings Drilling including split spoon sampling @ 2.O feet continuous sampling to 10' (SPT,Penetrometer, Victual Classification Included) Continuous Sampling-Topsoil Delination Normal Hours 60 Feet 526.00/Foot $1,560.00 Restricted Hours(6 Hrs) 0 Feet 530.00/Foot 50.00 Night Hours(8 Hrs) 0 Feet S28.00/Foot 50.00 Shelby Tube Borings Drilling with Shelby Tube samples at selected depths Drill without sampling- Between 0 and 50 Feet Normal Working Hours 50 Feet S17.50 /Foot 5875.00 Restricted Hours(6 Hrs) 0 Feet 523.50 /Foot 50.00 Night Work 0 Feet S19.00 /Foot 50.00 Drill without sampling- Between 50 and 100 Feet Normal Working Hours 0 Feet S19.00 /Foot 50.00 Restricted Hours(6 Hrs) 0 Feet 523.00 /Foot 50.00 Night Work 0 Feet 521.00 /Foot 50.00 Shelby Tube Samples Normal Working Hours 6 No. 546.00 /Each 5276.00 Restricted Hours(6 Hrs) 0 No. 560.00 /Each 50.00 Night Work 0 No. S53.00 /Each 50.00 Rock Cotvre Rock Coring Setup and 40'Casing Normal Working Hours 0 Each S350.00 /Each 50.00 Restricted Hours(6 Hrs) 0 Each 5400.00 /Each SO-00 Night Work 0 Each S375.00 /Each 50.00 Set Casing Below 40' Normal Working Hours, 0 Feet 512.00 /Foot $0.00 Restricted Hours(6 Hrs) 0 Feet 514.00 /Foot 50.00 Night Work 0 Feet 513.00 /Foot 50.00 Rock Coring Normal Working Hours 0 Feet S51.00 /Foot 50.00 Restricted Hours(6 Hrs) 0 Feet 565.00 /Foot 50.00 Night Work 0 Feet 557.00 /Foot 50.00 Wooden Core Boxes 0 No. 550.00 /Each 50.00 Page 2a/5 WANG ENGINEERING,INC. COST ESTIMATE FOR GEOTECHNICAL INVESTIGATIONS BUSSE WOODS TRAIL AND IL 72 BICYCLE OVERPASS ELK GROVE VILLAGE Task Description Units Unit Price Extended Cost Borehole Abandonment and Surface Restoration (Boring Backfilling with Lean Grout for Structure Borings Only) Normal Working Hours 100 Feet 58.00 /Foot S800.00 Restricted Horns(6 Hrs) 0 Feet 59.00 /Foot $0.00 Night Work 0 Feet 58.50 /Foot 50.00 Pavement Patching Asphalt I Bags 515.00 /Bag $15.00 Concrete 0 Bags 515.00 Bag 50.00 Patching of Full Deck Coring 0 No. 5300.00 /Each 50.00 Soil Cutting Removal 6 Hrs S275.00 [Hour 51,650.00 $28,856.00 Traffic Contra! Shoulder Closure(1/2 mile) Daytime 0 No. 5800.00 /Each $0.00 Night time 0 No. 5900.00 /Each 50.00 Lane Closure(l lane)(l/2 mile) Daytime 2 No. S1,300.00 /Each S2,600.00 Night time 0 No. 51,400.00 /Each 50.00 Lane Closure(2 lane) Daytime 0 No. 51,350.00 /Each 50.00 Night time 0 No. 51,500.00 /Each S0.00 Each additional 1/2 mile of closure 0 No. S115.00 /Each 50.00 Roadway Flagmen 2-man crew,Daytime only 0 Days $1,700.00 /Day 50.00 52,600.00 Borinr Location Accessibility Private Utility Determination At Cost Tree Clearance At Cost Guardrail Removal and Replacement At Cost Dozer/Equipment Rental At Cost Railroad Fees Permitting At Cost Railroad Protective Insurance At Cost Railroad Flagman At Cost State/CounrylM rnidW Fees Pavement Opening Permit At Cost Insurance and Bonding At Cost 50.00 Surveying of Boring Locations-Wang wilf located the borings using a portable GPS Unit Page 30t 5 WANG ENGINEERING,INC. COST ESTIMATE FOR GEOTECHNICAL INVESTIGATIONS BUSSE WOODS TRAIL AND IL 72 BICYCLE OVERPASS ELK GROVE VILLAGE AAs3rro As m Task Description Units Unit Price Extended Cost Soil Index Tests T263 D2216 Water Content 300 Tests 56.25/test 51,875.00 - wmiss Unit Weight(Density) 0 Tests 530.00/test SO.00 T100 oss4 Specific Gravity 0 Tests 555.00/test 50.00 - Void Ratio,Porosity,and Saturation 0 Tests 590.00/test 50.00 D4972 pH of Soil 0 Tests 548.00/test 50.00 T267 - Organic Content by LOI 0 Tests 550.00/test 50.00 T194 - Organic Content by Wet Combustion 0 Tests 5110.00/test 50.00 Particle Size Distribution Tss D.22 Sieve Analysis 0 Tests 565.00/test $0.00 ns Dug Hydrometer Analysis 0 Tests 570.00/test 50.00 Tss D4z2 Combined Sieve and Hydrometer 2 Tests S105.00/test 5210.00 - D1140 Percent Fina than No.200 Sieve 0 Tests 543.00/test 50.00 Atterberp Limitr Tn.T90 D4319 Liquid and Plastic Limits 2 Tests 565.00/test 5130.00 7`92 D+27 Shrinkage Factors 0 Tests 577.00/test 50.00 50.00 Classification of Sous - D24U Visual Manual 0 Samples 515.00/sample 50.00 - D2497 Unified Soil Classification System 0 Samples S165.00/sample 50,00 Mus - AASHTO Classification 0 Samples 5165.00/sample 50.00 - - USDA Classification 0 Samples S 105.00/sample 50.00 Soil Settlement,Sw fflnp.and CoUapse Potential T216 M435 One-Dimensional Consolidation I Tests S440.00/test 5440.00 - D4s46 One-Dimensional Swell 0 Tests 5460.00/test 50.00 - D3333 Collapse Potential 0 Tests 5250.00/test 50.00 Shear Strenrth of Soil Hand Penetrometer 0 Tests 54.00/test 50.00 Rimac Unconfined Compressive Strength 0 Tests 512.00/test 50.00 T'208 D2166 Unconfined Compressive Strength 2 Tests 568.00/test 5136.00 T236 D30s0 Direct Shear of Soils(3 points) 0 Tests S600.00/test 50.00 7`2% D2850 UU Triaxial Compression(3 points) 0 Tests 5300.00/test 50.00 7`297 D4767 CU Triaxial Compression(3 points) 0 Tests 5900.00/test 50.00 Tn7 D4767 CD Triaxial Compression(3 points) 0 Tests 5900.00/test 50.00 Laboratory Compaction Tests T99 D69s Moisture-Density of Soils(Standard Effort) 0 Tests S 168.00/test 50.00 T180 01557 Moisture-DensityofSoils(Modified Effort) 0Tests SI84.00/test 50.00 T193 - Illinois Bearing Ratio(1 point) 0 Tests 5400.00/test 50.00 7`193 01883 California Bearing Ratio(3 points) 0 Tests 5800.00/test 50.00 Coefficient of PermeabUiN T215 D2434 Hydraulic Conductivity(Constant Head) 0 Tests 5380.00/test 50.00 - DS0s4 Hydraulic Conductivity(Flexible Wall) 0 Tests 5407.00/test 50.00 Additional Sample Preparation Procedures Removal of Organic Matter 0 Samples 575.00/sample 50.00 Extrusion&Preservation of Undisturbed Samples 0 Samples 520.00/sample $0.00 Logging&Classification of Undisturbed Samples 0 Samples 556.00/sample $0.00 Remolding and Trimming of Samples 0 Samples 550.00/sample 50.00 52,791.00 PaW4 ors WANG ENGINEERING,INC. COST ESTIMATE FOR GEOTECHNICAL INVESTIGATIONS BUSSE WOODS TRAIL AND IL 72 BICYCLE OVERPASS ELK GROVE VILLAGE Item Description Units Unit Price Extended Cost Preld Vehicle Field Vehicle Mileage(>100 Miles per Day) 0 Miles 50.52 /Mile $0.00 Field Vehicle Daily(<100 Miles per Day) 14 Days 545.00 /Day 5630.00 Out-0j Town Expenses(Lodging) 0 Days 590.00 /Day $0.00 Out-of Town Expenses(Per Diem) 0 Days 545.00 /Day 50.00 Toils 5630.00 Report Reproduction Copies,Black&White,8.5"X 11" 100 No 50.20 /Each 520.00 Copies,Color,8.5"X 11" 25 No 52.50 /Each 562.50 Copies,Reproduction or Reduction,24"X 36" 0 No S10.00 /Each $0.00 582.50 Average Hourly Rate $2230 Field Investigations Project Engineer 10 Hrs. 528.16 /Hour $281.60 Field Engineer 32 Hrs. 528.16 /Hour 5901.13 Field Inspector 100 Hrs. 519.84 /Hour S1,984.00 Senior Field Inspector _ 0 Hrs. 531.35 /Hour 50.00 $29.04 Data Analyse&Engineering 142 53,166.73 Senior Engineer 4 Hrs. 542.50 /Hour 5170.00 Project Engineer 16 Hrs. 528.16 /Hour 5450.56 Staff Engineer 45 Hrs. 528.16 /Hour 51,267.21 Laboratory Technician 0 Hrs. S17.67 /Hour 50.00 $31.23 Report Preparation 65 $107.78 Senior Engineer 12 Hrs. 542.50 /Hour 5510.01 Project Engineer 32 Hrs. 528.16 /Hour 5901.13 Staff Engineer 12 Hrs. $28.16 /Hour 5337.92 541.51 Project Management 56 51,749.07 Principal in Charge I Hrs. 555.91 /Hour 555.91 Project Manager 4 Hrs. 542.50 /Hour 5170.00 Project Administrative Assistant I Hrs. 523.16 /Hour S23.16 $25.07 QC/QA Review 6 5249.08 QC/QA Reviewer 6 Hrs. 524.04 /Hour 5144.24 Project Engineer 2 Hrs. 528.16 /Hour $56.32 8 $200.56 Sumrmry Direct Cost Field Investigations 528,856,00 Lane Closures 52,600,00 Field Vehicle $630.00 Laboratory Testing S2,791.00 Report Reproduction 582.50 534,959.50 Page 5 of 5 WANG ENGINEERING,INC. SUBCONTRACT AGREEMENT BETWEEN TRANSYSTEMS CORPORATION AND CONSULTANT FOR PROFESSIONAL SERVICES THIS SUBCONTRACT AGREEMENT(the'Agreement')is made as of , 200_, by and between TranSystems Corporation(`TRANSYSTEMS")and Huff and Huff incorporated('CONSULTANT"). WHEREAS, TRANSYSTEMS has entered into an agreement dated , 201_, ("Prime Agreement")with Village of Elk Grove Village("OWNER")which provides for TRANSYSTEMS'performing professional services in connection with the project commonly known as Busse Woods Trail Overpass at IL Route 72(Project')as defined in the Prime Agreement;and WHEREAS,TRANSYSTEMS hereby engages CONSULTANT to perform certain services in connection with the Project(the"Services');and WHEREAS,CONSULTANT represents that it has reviewed the portions of the Prime Agreement applicable to such Services;that it is ready,willing,licensed and qualified to perform such services;that it will perform such services to TRANSYSTEMS consistent with and subject to the applicable requirements of the Prime Agreement; ; NOW, THEREFORE, in consideration of the covenants and promises contained in this Agreement, TRANSYSTEMS and CONSULTANT agree as follows: SECTION 1 BASIC SERVICES OF CONSULTANT 1.1 Basic Services. In connection with Project,CONSULTANT shall provide the professional services described in Exhibit A, Scope of Services, for TRANSYSTEMS in all phases of the Project to which this Agreement applies. These services include professional consultation and advice to TRANSYSTEMS, and through or with the knowledge of TRANSYSTEMS,to OWNER and other concerned parties as required to be provided by TRANSYSTEMS under the Prime Agreement. 1.2 Information. CONSULTANT is responsible for obtaining all data and information (other than that specifically designated herein or in the Prime Agreement to be furnished by TRANSYSTEMS or OWNER)necessary for the performance of the required services. 1.3 Communication. CONSULTANT shall communicate with OWNER, TRANSYSTEMS' other independent professional associates and consultants, or other parties involved in the Project only through or with the knowledge of TRANSYSTEMS. All communication reasonably required for the performance of CONSULTANTS services shall be conducted in a timely manner. Copies of all written or electronic communications between CONSULTANT and OWNER or TRANSYSTEMS'other independent professional associates and consultants or other parties involved in the Project shall be copied to TRANSYSTEMS on the same day transmittal is made to the primary recipient(s). 1 Sub Revised August 4,2009 SECTION 2 ADDITIONAL SERVICES OF CONSULTANT 2.1 Additional Services. In connection with the Project, CONSULTANT may be called upon to furnish additional services that are not included as part of the Basic Services. If authorized in writing by TRANSYSTEMS,the CONSULTANT.shall perform,provide,furnish or obtain from others such requested Additional Services. Compensation to CONSULTANT for such Additional Services will be paid in accordance with Section 5 of this Agreement. 2.2 Definition. Additional Services shall be any service or work not included in the Basic Services and which are ordered or authorized in writing by TRANSYSTEMS. Such Additional Services may include,but are not limited to,additional field explorations,laboratory testing,analyses,consultations,review or monitoring or services provided in connection with unforeseen conditions encountered during construction such as assistance to TRANSYSTEMS in any redesign,work directive changes or change orders. Additional Services shall also include preparing to serve or serving as a consultant or witness at TRANSYSTEMS'request for TRANSYSTEMS or OWNER in any litigation,arbitration or other legal or administrative proceeding involving the Project 2.3 Payments for Additional Services. Notwithstanding any provision in this Section,TRANSYSTEMS shall not be liable to CONSULTANT for compensation for such Additional Services for a sum greater than TRANSYSTEMS obtains from OWNER for such Additional Services, less reasonable overhead and profit to TRANSYSTEMS. Any payments to CONSULTANT shall be conditional upon prior receipt of same by TRANSYSTEMS from OWNER. SECTION 3 TRANSYSTEMS'RESPONSIBILITIES TRANSYSTEMS shall do the following in a timely manner so as not to delay the services of CONSULTANT: 3.1 Information. Provide all information and criteria known to TRANSYSTEMS concerning the Project which TRANSYSTEMS and CONSULTANT consider pertinent to CONSULTANTs Services. 3.2 Representative. Designate a person to act as TRANSYSTEMS' representative who shall have the authority to transmit instructions,receive information,and render decisions with regard to CONSULTANTs Services for the Project. 3.3 Access. Request OWNER to arrange for CONSULTANT's access to the Project,as may be necessary for CONSULTANT to perform the Services under this Agreement. 3.4 Notice. Give prompt notice to CONSULTANT whenever TRANSYSTEMS observes any of CONSULTANTS services which it deems deficient,defective,incomplete or otherwise unacceptable as well as notice of observations of any related developments that affect the Scope or timing of CONSULTANTS services. TRANSYSTEMS shall have no obligation to inspect or investigate CONSULTANT'S services or the developments that may affect CONSULTANT'S services, however, to the extent relevant observations are actually made, prompt notice to CONSULTANT shall be given. 2 Sub Revised August 4,2009 SECTION 4 PERIOD OF SERVICE 4.1 Period of Service. CONSULTANTs obligation to render services hereunder shall extend for a period which may reasonably be required for the design and construction of the Project, including extra work and required extensions thereto. If a fixed date for completion of Services is set forth in Exhibit A,Scope of Services,CONSULTANT shall complete the Services by such date. 4.2 Timely Performance.CONSULTANT recognizes that the services of TRANSYSTEMS and others involved in the Project are dependent upon the timely performance of the Services under this Agreement. Unless otherwise provided in Exhibit A,Scope of Services,or elsewhere in this Agreement,CONSULTANT shall perform such Services in the same character,timing and sequence as TRANSYSTEMS is required to perform services under the Prime Agreement. If in Exhibit A,Scope of Services,specific periods of fime for rendering Services are set forth or specific dates by which Services are to be completed are provided,and if such time periods or dates are exceeded through no fault of CONSULTANT, all rates, measures and amounts of compensation provided herein shall be subject to equitable adjustment. CONSULTANT's failure to perform in a timely manner shall be considered a material breach of this Agreement. 4.3 Tests. The field explorations,tests and analyses,if any,will be completed and the Report,if any,shall be submitted within the period stipulated in Exhibit A. 4.4 Time Adjustment. If OWNER or TRANSYSTEMS suspends services, requests significant modifications or changes in the extent of the Project,authorizes Additional Services,or if progress is delayed through no fault of CONSULTANT,the time of performance of CONSULTANT's Services shall be adjusted appropriately. 4.5 Delay. If CONSULTANT's performance under this Agreement is delayed or suspended in whole or in part by OWNER or TRANSYSTEMS for reasons beyond CONSULTANT's control, CONSULTANT shall on written demand to TRANSYSTEMS be reimbursed as provided in Section 5. If such delay or suspension extends for more than one year for reasons beyond CONSULTANT's control,or if CONSULTANT for any reason is required to render services more than one year after Substantial Completion of the Services of this Agreement,all rates,measures and amounts of compensation provided herein shall be subject to equitable adjustment. However,if CONSULTANT's performance under this Agreement is delayed by OWNER, and not by TRANSYSTEMS, the CONSULTANT shall, on written demand to TRANSYSTEMS, be reimbursed only to the extent TRANSYSTEMS receives reimbursement from OWNER less reasonable overhead and profit of TRANSYSTEMS. SECTION 5 PAYMENTS TO CONSULTANT 5.1 Methods of Payment for Services of CONSULTANT. RETAINAGE: All payments to CONSULTANT shall be subject to the same retainage requirements(if any)to which TRANSYSTEMS is subject under its agreement with owner. 5.1.1 For Basic Services. TRANSYSTEMS shall pay CONSULTANT for all Basic Services rendered under Section 1 (and as may be amended)as follows: In accordance with the schedules of personnel and equipment charges shown in Exhibit A,Schedule of Fees and Rates with an upper limit not to exceed$16,758.40,hereto attached and incorporated herein by this reference. 3 Sub Revised August 4,2009 5.1.2 For Additional Services. Subject to the limitation set forth in Section 2.3,TRANSYSTEMS shall pay CONSULTANT for Additional Services rendered under Section 2 as follows: 5.1.2.1 General. For additional Services of CONSULTANT's principals and employees engaged directly on the Project and rendered pursuant to Section 2 on the basis of the schedules of personnel and equipment charges shown in Exhibit B. 5.1.2.2 Serving as a Witness. For services rendered by CONSULTANTS principals and employees as expert consultants or as expert witnesses at the request of TRANSYSTEMS,in any litigation,arbitration or other legal or administrative proceeding as-provided in Section 2,on the basis of the schedules of personnel charges shown in Exhibit B. 5.1.3 Reimbursable Expenses. In addition to the payments provided for in paragraphs 5.1.2.1 and 5.1.2.2,TRANSYSTEMS shall pay CONSULTANT the actual costs(except where specifically provided otherwise)of all Reimbursable Expenses incurred in connection with all Basic Services and Additional Services. 5.1.4 Definitions. 5.1.4.1 "Direct Labor Costs"used as a basis for payment shall mean salaries and wages (basic and incentive)paid to all CONSULTANT's personnel engaged directly on the Project,including,but not limited to, engineers,geologists,drillers,laboratory technicians,other technical and business personnel;but does not include indirect payroll related costs or fringe benefits. For the purposes of this Agreement,the principals of CONSULTANT and their current hourly Direct Labor Costs are: Detailed in Exhibit A,Scope of Services and Fees. The hourly Direct labor Costs of principals and employees of CONSULTANT will be annually adjusted equitably to reflect changes in personnel and in CONSULTANT's overall compensation procedures and practices. 5.1.4.2 "Reimbursable Expenses" shall mean .the actual expenses incurred by CONSULTANT(without markup)directly in connection with the performance of the Services under this Agreement,such as expenses for: subsistence and transportation authorized in advance by TRANSYSTEMS;providing and maintaining field office and field laboratory facilities including furnishings, laboratory equipment and supplies, and utilities; toll telephone calls and telegrams;reproduction of reports;Drawings,Specifications,Bidding Documents and similar Project- related items in addition to those required under.Section 1;and if authorized in advance by TRANSYSTEMS,overtime work requiring higher than regular rates. In addition, if authorized in advance by TRANSYSTEMS, Reimbursable Expenses will also include expenses incurred for computer time and other highly specialized equipment, including an appropriate charge for previously established programs and expenses of photographic production techniques. 5.2 Times of Payments. 5.2.1 Monthly Invoices.Unless otherwise provided in this Agreement,CONSULTANT shall submit monthly statements for Basic and Additional Services rendered and for Reimbursable Expenses incurred. The monthly statements shall be submitted no later than the tenth(10th)day of the following month. The statements will be based upon the total services actually completed and Reimbursable Expenses incurred at the time of billing. If TRANSYSTEMS objects to any statement submitted,TRANSYSTEMS shall so advise CONSULTANT in writing giving reasons therefor. 5.2.2 Condition Precedent. TRANSYSTEMS shall bill OWNER monthly on account of 4 Sub Revised August 4,2009 CONSULTANT's services and expenses and shall pay CONSULTANT within fourteen days of the time TRANSYSTEMS received payment from OWNER on account thereof. CONSULTANT agrees that TRANSYSTEMS'receipt of payment from OWNER shall be a condition precedent before payment will be made to CONSULTANT. It is intended that payments to CONSULTANT will be made as TRANSYSTEMS is paid by OWNER under the Prime Agreement and that TRANSYSTEMS shall exert reasonable and diligent efforts to collect prompt payment from OWNER. 5.2.3 Supporting Data. All monthly billings shall contain supporting data as may be required by TRANSYSTEMS or the Prime Agreement,such as lien releases and waivers as may be executed by CONSULTANT and any sub-consultant and invoices of sub-consultant. 5.3 Other Provisions Concerning Payments. 5.3.1 Termination Period. If this Agreement is terminated prior to the completion of Basic Services and TRANSYSTEMS has received an acceptable billing statement from CONSULTANT(as provided in paragraph 5.2.1), CONSULTANT will be paid on the basis shown in Exhibit B for all unpaid Basic and Additional Services performed to the date of termination and for completion of analyses,records and written report as provided in paragraph 6.3,plus all unpaid Reimbursable Expenses incurred to the date of termination. CONSULTANT agrees that TRANSYSTEMS' receipt of payment from OWNER shall be a condition precedent before any payment pursuant to this Section 5.3.1 will be made to CONSULTANT. 5.3.2 Cost Factors.Whenever a factor is applied to Direct Labor Costs in determining compensation payable to CONSULTANT,that factor will be adjusted periodically and equitably to reflect changes in the various elements that comprise such factor. All such adjustments will be in accordance with generally accepted accounting practices as applied on a consistent basis by CONSULTANT and consistent with CONSULTANT's overall compensation practice and procedures. SECTION 6 GENERAL CONSIDERATIONS 6.1 Controlling Law. This Agreement is to be governed by the laws of the State of Missouri. 6.2 Termination. 6.2.1 The obligation to provide further services under this Agreement may be terminated by either party upon thirty days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 6.2.2 This Agreement will terminate automatically upon termination of the Prime Agreement. TRANSYSTEMS will notify CONSULTANT promptly of such termination. 6.2.3 Notwithstanding any other provisions herein, TRANSYSTEMS may terminate or suspend performance of this Agreement for TRANSYSTEMS'convenience upon written notice to CONSULTANT. Upon receipt of notice, CONSULTANT shall terminate or suspend performance of the Services on a schedule acceptable to TRANSYSTEMS and may submit a statement to TRANSYSTEMS for services performed and reasonable termination or suspension expenses. Any payments to CONSULTANT shall be conditional upon prior receipt of same by TRANSYSTEMS from OWNER. 5 Sub Revised August 4,2009 6.3 Completion of Records. In the event of termination by either party prior to completion of Basic Services,CONSULTANT shall complete such analyses and records as are necessary to complete CONSULTANT's files and present to TRANSYSTEMS a written report on the services performed to the date of notice of termination. 6.4 Retention of Records. CONSULTANT shall retain all boring logs, field data, laboratory test data, calculations,notes and other records(except cost records)related to the Project in legible form for a period of seven years following the completion or termination of services under this Agreement. Copies of such records will be made available to OWNER or TRANSYSTEMS upon request at the cost of reproduction. 6.5 Fiscal Records. Fiscal records of CONSULTANT's costs and expenses pertaining to the Project will be kept on a generally recognized accounting basis and made available on TRANSYSTEMS'request for examination and audit,and as required by the Prime Agreement. 6.6 Ownership of Documents. All documents, including but not limited to, drawings, specifications, software,and reports prepared by CONSULTANT for the Project pursuant to this Agreement,shall be owned and be the property of TRANSYSTEMS. 6.7 Opinions of Cost. Since CONSULTANT has no control over the cost of labor,materials,equipment or services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions,any opinions of probable construction cost presented by CONSULTANT,or comments on opinions of. probable construction cost or estimates of others, are to be made on the basis of CONSULTANT's experience as a qualified professional engineer familiar with the construction industry;but CONSULTANT cannot and does not guarantee that proposals,bids,or actual costs will not vary from the opinion of probable cost presented. 6.8 Insurance. 6.8.1 Insurance Coverage.CONSULTANT shall maintain throughout the duration of this Agreement insurance of the following types and minimum amounts: (a) .Worker's Compensation and Employer's Liability Workers Compensation Statutory Employers Liability $500,000/$500,000/$500,000 (b) Commercial Automobile Liability $1,000,000 combined single limit Bodily Injury and Property Damage (c) Commercial General Liability $1,000,000-per occurrence $2,000,000-annual aggregate $2,000,000-product/completed operations per occurrence $1,000,000-personal injury 1 advertising liability (d) Umbrella/Excess Liability $1,000,000-per occurrence $1,000,000-annual aggregate (e) Professional Liability Insurance in an amount of$1,000,000 per claim and$2,000,000 annual 6 Sub Revised August 4,2009 aggregate (f) If Geotechnical services are being provided by Consultant under this Agreement, Consultant shall provide Contractors Pollution Liability coverage in an amount not less than$1,000,000 per claim and annual aggregate. (g) If aerial mapping or surveying services are being provided by CONSULTANT under this Agreement,CONSULTANT shall provide Aircraft Hull and liability coverage if they own their aircraft or Non-owned Aircraft liability coverage if they subcontract for aircraft services. In either case the coverage amount shall not be less than $2,000,000 per claim and annual amount. (h) If underwater inspection services are being provided by CONSULTANT under this Agreement, CONSULTANT shall provide$2,000,000 combined limits for Excess/Umbrella coverage. In addition, the Workers Compensation coverage shall contain a Waiver of Subrogation and have U.S.Longshoreman's&Harbor Worker's and Jones Act endorsements. The coverage amounts for the insurance required under parts (a), (b), (c) and (g) above may be achieved by a combination of primary and excess coverages. The insurance described above are the minimums that must be carried by CONSULTANT and if different or additional types or amounts of insurance are required of TRANSYSTEMS or of its subcontractors or consultants under the Prime Agreement,then Consultant shall maintain such additional amounts and types of insurance as are required under the Prime Agreement. In the event claims of any nature or kind whatsoever against the CONSULTANT or those for whom CONSULTANT is legally responsible result in the reduction in the types and/or minimum amounts of insurance required to be available hereunder,CONSULTANT shall take whatever action is necessary to obtain such additional types or minimum amounts of insurance as are necessary to maintain at all times as required herein the minimum amounts of coverage set forth hereinabove. 6.8.2 Certificates of Insurance. CONSULTANT shall provide TRANSYSTEMS with certificates of insurance reflecting that CONSULTANT has obtained the coverage required by this Agreement and the Prime Agreement. Further,such coverage and certificates of insurance shall identify TRANSYSTEMS and OWNER as an Additional Insured with respect to auto liability and general liability insurance,and if provided,with respect to the contractor's pollution liability and non-owned aircraft liability insurance.The Certificates of Insurance shall reflect that there will be no cancellation or nonrenewal of CONSULTANTs insurance without at least 30 days written notice to TRANSYSTEMS and OWNER. In the event CONSULTANT subcontracts for aerial services,the second tier subcontractor shall provide TRANSYSTEMS with certificates of insurance reflecting the same coverage and additional insured status required of the CONSULTANT. 6.8.3 Insurance of Subcontractors.CONSULTANT will also cause other independent professional associates and consultants retained by CONSULTANT for the Project to procure and maintain comparable insurance coverage of the types and amounts required herein. 6.9 Standard of Care. CONSULTANT shall perform the services under this Agreement with the care and skill required of TRANSYSTEMS under the Prime Agreement(a copy of which Consultant has received)or the care and skill ordinarily used by members of the profession practicing under similar conditions at the same time and in the same or a similar locality,whichever is greater. TRANSYSTEMS and CONSULTANT agree that subsurface conditions may vary from those encountered in borings,surveys or explorations,and that conclusions must be based upon such information as is available. However, CONSULTANT shall be liable for the results of professional errors,omissions or negligence of 7 Sub Revised August 4,2009 CONSULTANT in the performance of services under this Agreement. 6.10 Indemnity.CONSULTANT shall indemnify,defend and hold harmless TRANSYSTEMS and OWNER from and against all losses,claims,damages,or expenses to the extent such losses,claims,damages,or expenses are caused or alleged to be caused by any negligent act,error,or omission of CONSULTANT or any person or organization for whom CONSULTANT is legally liable, including but not limited to, sub-consultants, employees, agents, or representatives. 6.11 Independent Contractors. CONSULTANT is an independent contractor for purposes of its performance on the Project. TRANSYSTEMS shall be the general administrator and coordinator of CONSULTANT's Services and shall facilitate the exchange of information among the independent consultants employed by TRANSYSTEMS as necessary for the coordination of their Services. 6.12 Confidentiality. CONSULTANT shall consider all information provided by TRANSYSTEMS and OWNER and all drawings,reports,studies,design calculations,specifications,and other documents resulting from the CONSULTANT's performance of the Services to be proprietary. CONSULTANT shall not publish or disclose proprietary information for any purpose other than the performance of the Services without the prior written authorization of TRANSYSTEMS. The preceding restriction shall not apply to information which is in the public domain,was previously known to CONSULTANT, was acquired by CONSULTANT from others who have no confidential relationship to TRANSYSTEMS with respect to same, or which, through no fault of CONSULTANT, comes into the public domain. CONSULTANT shall not be restricted in any way from releasing information,including proprietary information,in response to a subpoena,court order,or other legal process. CONSULTANT shall not be required to resist such subpoena,court order, or legal process, but shall promptly notify TRANSYSTEMS in writing of the demand for information before CONSULTANT responds to such demand. TRANSYSTEMS may,at its sole discretion,seek to quash such demand. 6.13 Waiver. A waiver by either TRANSYSTEMS or CONSULTANT of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. 6.14 Severability. The invalidity, illegality,or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. TRANSYSTEMS and CONSULTANT further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 8 Sub Revised August 4,2009 6.15 Changes. It is the desire of the parties to keep changes in the Scope of Services at a minimum,but the parties recognize that such changes may become necessary and agree that TRANSYSTEMS may initiate deletions, modifications, or changes to the Services by advising CONSULTANT, in writing, of the change believed to be necessary—at the sole discretion of TRANSYSTEMS. As soon thereafter as practicable,CONSULTANT shall prepare a cost estimate of the change and shall inform TRANSYSTEMS of the adjustment in the compensation due CONSULTANT under Section 5 hereof and/or the date of completion as may be provided in this Agreement. TRANSYSTEMS shall then advise CONSULTANT,in writing,of its approval or disapproval of the change. If TRANSYSTEMS approves the change,a written Contract Amendment shall be executed by both parties and CONSULTANT shall perform the Services as changed and the adjustment in CONSULTANT's compensation and/or completion date shall be set forth in the executed Contract Amendment. CONSULTANT acknowledges and agrees that TRANSYSTEMS shall not be liable to CONSULTANT for a sum greater than TRANSYSTEMS obtains from OWNER for such changes, less reasonable overhead and profit to TRANSYSTEMS. Any payments to CONSULTANT for such changes shall be conditioned upon a prior recovery therefor by TRANSYSTEMS from OWNER. If there is a dispute as to such changes,deductions,alterations or extra or additional work, then CONSULTANT shall proceed with such work or services as directed by TRANSYSTEMS and proceed simultaneously in accordance with the Disputes provision herein. 6.16 Disputes. In the event a dispute arises between TRANSYSTEMS and CONSULTANT regarding the application or interpretation of any provision of this Agreement,or quality of Services by CONSULTANT,the aggrieved party shall promptly notify the other party to this Agreement of the dispute,but in no event more than 20 days after such dispute arises. If the parties fail to resolve the dispute within 20 days after receipt of such notice,each party shall,within five days thereafter,proceed to non-binding mediation,with each party to bear its own costs and attorneys'fees and the parties shall share equally in the cost of the mediator. In the event the mediation is unsuccessful,the aggrieved party may elect to litigate its dispute with the other party. All disputes shall be govemed by the laws of the State of Missouri and the jurisdiction and venue for litigation between the parties shall be solely and exclusively in Jackson County,Missouri,or the United States District Court for the Western District of Missouri. 6.17 Subcontractors/Sub-Consultants. CONSULTANT shall not employ independent consultants, associates,subcontractors or sub-consultants to assist in the performance of CONSULTANT's Services without the prior written consent of TRANSYSTEMS.Such prior written consent shall not be unreasonably withheld by TRANSYSTEMS. 6.18 Assignments. CONSULTANT shall not assign any rights or duties under this Agreement without the prior written consent of TRANSYSTEMS. Unless otherwise stated in the written consent to an assignment,no assignment will release or discharge the CONSULTANT from any obligation under this Agreement. 6.19 Successors and Assigns. TRANSYSTEMS and CONSULTANT each binds itself and its directors, officers,partners,successors,executors,administrators,assigns,and legal representatives of such other party,in respect to all provisions of this Agreement. 6.20 Compliance with Laws. In performance of the Services,CONSULTANT shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, and standards. CONSULTANT shall procure the permits, certificates, and licenses necessary to allow CONSULTANT to perform the Services. CONSULTANT shall not be responsible for procuring permits, certificates, and licenses required for any construction services unless such responsibilities are specifically assigned to CONSULTANT in Exhibit A, Scope of Services. 9 Sub Revised August 4,2009 SECTION 7 SPECIAL PROVISION,EXHIBITS AND SCHEDULES 7.1 The following exhibits and schedules are attached to and made a part of this Agreement: Exhibit A-Scope of Services Exhibit B-Schedule of Fees and Rates 7.2 This Agreement together with the exhibits and schedules identified above constitute the entire agreement between TRANSYSTEMS and CONSULTANT and supersede all prior written or oral understandings. This Agreement and said exhibits and schedules may only be amended, supplemented, modified or canceled by a duly executed written instrument. IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as of the day and year first above written. TRANSYSTEMS CORPORATION CONSULTANT By: By: Printed Name:Todd S.Bright Printed Name: Title:Vice President Title: Address for Giving Notices: Address for Giving Notices: 1051 Perimeter Drive,Suite 1025 915 Harger Road,Suite 330 Schaumburg, IL 60173 Oak Brook,IL 60523 10 Sub Revised August 4,2009 EXHIBIT"A" Scope of Services ii Sub Revised August 4,2009 915 Harger Road, Suite 330 Oak Brook, IL 60523 Phone: (630) 684-9100 environmental engineers Fax: (630) 684-9120 and consultants Website: http://huffnhuff.com October 15, 2009 Mr. Todd Bright, P.E. Project Manager TranSystems Corporation 1051 Perimeter Drive, Suite 1025 Schaumburg, Illinois 60173-5058 Re: Environmental Services Busse Woods Bike Path Bridge Village of Elk Grove, Cook County, Illinois Proposal No. T09-126 Dear Mr. Bright: . Huff & Huff, Inc. (H&H) is pleased to submit this proposal to perform environmental services associated with the proposed new bike path and bridge into the Busse Woods Forest Preserve in Cook County. The bike path currently runs along Higgins Road and Interstate 290 in Elk Grove Village. This proposal presents our project approach, the scope of services, cost, and schedule for completing the project. 1. PROJECT UNDERSTANDING A new bike path and bridge is proposed into the Busse Woods Forest Preserve in Cook County. H&H has been requested.to provide environmental services within the project area This proposal includes the following scope of services: • Task 1 — Wetland Delineation & Report • Task 2 —Tree Survey • Task 3 —Special Waste Screening • Task 4 —Vegetative Assessment Mr.Todd Bright October 15, 2009 Re: Environmental Services Page 2 2. SCOPE OE.SERVICES Task 1—Wetland Delineation and Report A. Off-site Record/Document Review The following records/documents will be reviewed prior to conducting the field investigation. Soils information will be reviewed to determine the soil types encountered during the delineation procedures. The maps reviewed and to be used include: • U.S. Geological Survey Topographic Maps National Wetlands Inventory Maps Cook County Soil Survey Cook County Flood Insurance Rate Maps • Hydric Soils of the United States Since January 2005, the NRCS no longer conducts farmed wetland determinations for areas of agricultural conversion. There are no agricultural areas within the project limits; therefore, a farmed wetland determination has not been included in the scope. B. On-Site Investigation (Field Inventory) The on-site investigation will be conducted by our environmental staff experienced in Federal methods for conducting wetland delineations. Our staff will classify and define hydric soils, hydrophytic vegetation, and evidence of hydrology to determine if wetlands are present. The wetland perimeters will be located and flagged for completion of field survey by others. A wetland delineation of the project site will be conducted that will meet the requirements of Executive Order 11990, "Protection of Wetlands;" Section 404 of the Federal Water Pollution Control Act as amended by the Clean Water Act (Corps of Engineers, Section 404 Permit) and the Illinois Environmental Protection Agency (IEPA Section 401 Guidelines) regulations. These regulations pertain to the placement of fill or alterations of drainage within wetlands of any type and apply to privately as well as publicly owned wetlands. The investigation will meet the requirements of these regulations by identifying the type, functions, and approximate boundaries of the involved wetlands. Wetlands found will be classified according to type using the "Classification of Wetlands and Deep Water Habitats of the United States" by Cowardin. Wetland boundaries will be defined using the Corp"s: of Engineers Iritenm� Regional .Swpp[enient:to th COE.Wetlands. Delineation Manual (USACOE, 2008). This includes a soil investigation to determine the presence or absence of hydric soils and an analysis of the dominant plant species. Field observations will be made on any evidence indicating the hydrology of the area and on water sources that are supporting these wetlands. Functions of these wetlands will be evaluated from field observations. UAProposal 09\Transportation\TranSystems\Elk Grove Bike Path\Elk Grove Bike Wet Veg Trees Spec Wst.doc Mr. Todd Bright October 15,2009 Re: Environmental Services Page 3 In addition to the areas mapped as wetlands by the NWI, the entire area within the project limits will be investigated in the event that unmapped wetlands are present. As the NWI maps are developed to be used as a general planning tool, detailed field investigations are required to ascertain whether or not wetlands are present. All areas exhibiting wetland characteristics within the parcel will be investigated. TranSystems will be responsible for surveying the perimeters of all delineated wetlands. H&H will not conduct the survey of the wetlands but will coordinate with TranSystems staff to assure accuracy of the wetland boundaries. This will include a meeting in the field with the survey crew. C. Wetland Report A wetland delineation report will be prepared summarizing the findings of the fieldwork. Based upon available information, wetlands are present and this report will be needed. Specific items to be included are as follows: a) Map showing the wetland boundaries and project boundaries b)Aerial photo with the appropriate limits of delineated wetlands c) Floristic Quality Assessment d) Wetland data sheets Task 2—Tree Survey H&H will conduct a tree survey for the project, if needed. This survey will be conducted in accordance with the Cook County Forest Preserve District(CCFPD) Policies. H&H will tag and identify type, structure and condition of the trees located within project area. Prior to H&H conducting the field work, the tree and brush removal area will need to be staked in the field by TranSystems. Trees will be surveyed by TranSystems to provide location during the project survey. After all trees are evaluated, a tabulation of trees will be compiled which summarizes trees and potential impacts. A summary tree report will be prepared which documents impacts to trees. Three to five transects are anticipated. Transects will be 50 feet by 50 feet in size and all trees greater than four (4) inches in diameter will be identified within the transect. The transect boundary will be staked in the field and surveyed by TranSystems. The tree transects will be used to extrapolate the total number of trees for a given area. Task 3. Special Waste Screening H&H will screen the study area within the proposed new bike path and bridge into the Busse Woods Forest Preserve in Elk Grove Village for potential areas of environmental contamination. The Special Waste Screening procedure includes reviewing environmental resource agency databases. Based on the Illinois Department of Transportation Special Waste Procedures for Local UAProposal 09\Transportation\TranSystems\Elk Grove Bike Path\Elk Grove Bike Wet Veg Trees Spec Wstdoc Mr. Todd Bright October 15, 2009 Re: Environmental Services Page 4 Highway Improvements (Memo 4066-09A) and BLRS Section 20.12 Special Waste, site analysis is required within defined distances from the corridor. Specific lists reviewed and the screening distances for each are as follows: • CERCLIS List — The Comprehensive Environmental Response Compensation and Liability (CERCLIS)list contains information on potentially hazardous sites and remedial activities. This database is maintained by the U.S. Environmental Protection Agency (U.S. EPA). Sites within one mile of the corridor will be identified. • LUST List — The Leaking Underground Storage Tank (LUST) database identifies underground storage tanks systems that have had an incident reported to the Illinois Emergency Management Agency (IEMA). This list is maintained by the Illinois Environmental Protection Agency. Sites within 1,000 feet of the corridor will be identified. • SRP List — The Site Remediation Program (SRP) database identifies sites that have been entered into Illinois' voluntary cleanup program. These sites generally have been investigated and determined to have impacted soil or.groundwater (or both) at the site. This database is maintained by the IEPA. A distance reference is not provided for SRP sites. • RCRA List — The Resource Conservation and Recovery Act (RCRA) database identifies generators, transporter or other handling of hazardous wastes. Identification of a site as a RCRA site does not indicate a release to the environment has occurred. This database is maintained by the U.S. EPA. Sites within the corridor will be identified. • UST List — The underground storage tank (UST) identifies sites with registered USTs. This list is maintained by the Office of the State Fire Marshal. Sites within the corridor will be identified. Based on the review of the databases identified above, a Special Waste Screening memorandum will be prepared presenting the results. One site visit will be conducted to confirm the location of identified sites. The memorandum will follow the flow chart required by IDOT. The proposed scope is limited to the review of the above-referenced databases. No soil or groundwater sampling is proposed as part of this scope of services. No meetings have been proposed as part of this scope of services UAProposal 09\Transportation\TranSystems\Elk Grove Bike Path\Elk Grove Bike Wet Veg Trees Spec Wstdoc Mr.Todd Bright October 15,2009 Re: Environmental Services Page 5 Task 4—Vegetation Survey Huff& Huff will assess the vegetative characteristics of the open area for potential quality areas. This assessment will be qualitative in nature to identify any potential "prairie" or high quality areas. Task 5—OA/OC Time will be allotted to conduct QAIQC reviews of the technical reports being prepared. Task 6—Project Management H&H will attend two client meetings to discuss alternatives, avoidance measurements and impacts. This task covers items necessary to manage the project, including preparation of quarterly reports, scheduling, and coordination with the prime consultant. 3. COST ESTIMATE Costs for these services are presented in the Cost Estimate for Consultant Services. 4. SCHEDULE The formal delineation will be scheduled within four weeks after the Notice to Proceed is given. This proposal assumes that the delineation will be completed during the growing season (approximately April 15 to October/November). If the delineation is completed outside of the growing season, additional field visits would be required to verify the wetland boundaries. The tree survey will be initiated once the tree area is staked in the field. 5. CONTRACT TERMS 1. CONSULTANT'S SERVICES: The Consultant's (Huff& Huff, Inc.) services shall consist of those tasks described in Section 2. 2. SCHEDULE: The Consultant's work under this Agreement shall begin within two weeks of receipt of written notice to proceed or a signed copy of this Agreement and staking of the sewer alignment. 3. COMPENSATION: The fee basis for the scope of work, as outlined in Section 3, pertains to the specific scope work. 4. DIRECTION: For work performed under this Agreement, Consultant shall take direction from the CLIENT. UAProposal 09\Transportation\TranSystems\Elk Grove Bike Path\Elk Grove Bike Wet Veg Trees Spec Wst.doc Mr. Todd Bright October 15, 2009 Re: Environmental Services Page 6 5. CHANGES: This Agreement may only be changed by written amendment which specifies the terms being revised and which has been signed by both parties hereto. 6. PROJECT DATA: The Consultant, in coordination with the CLIENT, shall obtain from the appropriate sources all data and information necessary for the proper and complete execution of the Consultant's services. 7. INDEPENDENT CONSULTANT: The Consultant shall be deemed to be an independent contractor in all its operations and activities hereunder. The employees furnished by Consultant to perform the work shall be deemed to be Consultant employees exclusively, and said employees shall be paid by Consultant for all services in this connection. The Consultant shall be responsible for all obligations and reports covering Social Security, Unemployment Insurance, Workmen's Compensation, Income Tax, and other reports and deductions required by an applicable state or Federal law. 8. RIGHTS OF WORK PRODUCT: CLIENT shall have unlimited rights in all drawings, designs, specifications, notes, and other work developed in the performance of this contract, including the right to use same on any other work without additional cost to the CLIENT. The Consultant shall not be liable for any use or reuse of the drawings, designs, specifications, notes and other work for use other than intended under the terms of this Agreement. 9. INDEMNIFICATION: The Consultant hereby agrees to indemnify and hold harmless the CLIENT and any proper owners whose property it is necessary to access in the performance of this work, against any and all liability, loss, damages, demands, or actions or causes of action, which may result from any damages or injuries sustained by a person or entity in connection with or on account of any negligent act or omission of the Consultant or its employees relating to its obligations pursuant to this Agreement. 10. TERMINATION: CLIENT may terminate this Agreement at any time upon ten (10) days written notice for whatsoever reason, provided CLIENT shall pay the Consultant a reasonable fee for work satisfactorily performed prior to the effective date of termination. In no case, however, shall the total amount paid to Consultant exceed the amount set out above. 11. INSURANCE: The Consultant shall maintain insurance as set forth in the prime contract, if attached, or as set forth below. a. Worker's Compensation and Employer's Liability Insurance: Worker's Compensation in compliance with applicable State and Federal laws. b. Comprehensive General Liability Insurance for Bodily Injury and Property Damage to a combined single limit of$2,000,000 per occurrence/claim or an umbrella of$3,000,000. c. Comprehensive Automobile Liability Insurance, including owned, hired, and non-owned automobiles, for Bodily Injury and Property Damage to a combined single limit of $1,000,000 per occurrence/$2,000,000 aggregate. d. Professional liability insurance $2,000,000 on a claims made basis. UAProposal 09\Transportation\TranSystems\Elk Grove Bike Path\Elk Grove Bike Wet Veg Trees Spec Wst.doc Mr.Todd Bright October 15,2009 Re:Environmental Services Page 7 12. STANDARD OF CARE: Services performed by the Consultant under this Agreement will be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. 13. RETENTION OF RECORDS: Consultant shall maintain complete records of all hours billed and direct costs incurred under this Agreement so as to accurately reflect the services performed and basis for compensation and reimbursement under this Agreement. 14. LEGAL: This Agreement shall be construed and interpreted solely in accordance with the laws of the State of Illinois. BOTH PARTIES HERETO WARRANT AND REPRESENT that they have full right,power, and authority to execute this Contract. IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year first specified above. CONSULTANT CLIENT HUFF& HUFF, INC. TRANSYSTEMS, INC. Sigi2aire: Signature By: Linda L. Huff, P.E. Typed Name Typed Name President Officer's Tit[ Officer's Title Date Date UAProposal 09\Transportation\Tran Sys tems\Elk Grove Bike Path\Elk Grove Bike Wet Veg Trees Spec Wst.doc (D \\ : §j 2 E aC?Go 0 » ' . ( . / § § Cc ' §§ . ; § - zo�u . LLI � e � w cea. LL � © c ui (L U. A�oS� � � K 2_a. - - ■ CL § § z _ ® CR o c / � 2 ° . a ©r a §A k wee . / k � � C.49 G g { § o � £= q § 2 � J2 � ; 2 )� -� . HGnois Department TranSPOrtatlOn Payroll Rates FIRM NAME Huff&.Huff,_Inc. DATE 10/15/09 PRIME/SUPPLEMENT TranSystems PTB NO. ESCALATION FACTOR 2.50% CLASSIFICATION CURRENT RATE ESCAtATED'RATE "Pincipal ...._ .. . -. _ -:�G020• . ...-- - :$6'1:71 Senior Project Manager $54.00 $55.35 Senior Associate $40.86 $41.88 Senior Engineer II $35.85 $36.75 Senior Engineer 1 $36.72 $37.64 Senior Scientist IV $39.80 $40.80 Senior Scientist III $35.40 $36:29 Senior Scientist II $28.12 $28.82 Senior Scientist 1 $25.08 $25.71 Senior Geologist 1 $30.88 $31.65 Project Engineer II $29.97 $30.72 Project Engineer 1 $25.00 $25.63 Wetland Scientist III $20.76 $21.28 Wetland Scientist 1 $19.12 $19.60 Project Scientist II $19.89 $20.39 Project Geologist 1 $24.76 $25.38 Senior CADD 1 $29.96 $30.71 CADD II $21.44 $21.98 CADD 1 $15.60 $15.99 Admin. 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R - d a) m o o ►- aI d) U � wu> inv� � U co c - v, 0 i .2 cZ = o 0 0 0 .o_ Q .� J. v Jam c c c c c •o c U E O d O O F (U (U d CU Q v � cnU -� a 0-.wUMntn0- tnUQ �nuia n nu�� �i�uniu� imimi�n �m I� I�� !Be,,,'u����� 1���96�laB ���l NIIIIIIRIII�IIIIIII�ININ� n �i0iiil���i=i��i�il��� �N�IRIIW�NIII�III� �IIINIIIIINNINIIININIgII� �0 �N'�m�i�°�i�i � ■m�u nn NNNIIINIIIIII 0 �I of SUMMARY OF INHOUSE DIRECT COSTS Project: TranSystems - Busse Woods Bike Path DIRECT Task 01 - Wetland Delineation & Report Trips 15 miles x 2 x $ 0.505 = $ 15.15 Reproduction 10 sets x 100 x $ 0.03 = $ 30.00 Color copies 10 sets X. 15 x $ 0.10 = $ 15.00 Photo sheets 10 sets x 5 x $ . . .. 0.10 =. $ 5.00 . Task Total-" V- 65.15 Task 02 - Tree Survey Trips 15 miles x 2 x $ 0.505 = $ 15.15 Reproduction 4 sets x* 40 x $ 0.03 = $ 4.80 Color copies 4 sets x 15 x $ 0.10 $. ..6.00.... Task Total $ 25.95 Task 03 - Special Waste Screening Trips 15 miles x 2 x $ 0.505 = $ 15.15 Reproduction 10 sets x 80 x $ 0.03 = $ 24.00 Color copies 10 sets x 10 x $ 0.10 = $ 10.00 Photo sheets 10 sets x 5 x $ .0.102_. Task Total' "" $ 54.15 Task 04 - Vegetative Assessment Trips 15 miles x 2 x $ 0.505 = $ 15.15 Reproduction 4 sets x 40 x $ 0.03 = $ 4.80 Color copies 4 sets x 15 x $ 0.10 = $ 6.00 Task Total $ 25.95 Task 05 - Project Management Task Total $ - Task 06 - QA/QC Task Total $ - GRAND TOTAL $ 171.20 P:\Proposal-2009\TranSystemsgTranSystems Busse Woods Bike Path DC.xisilnhouse Direct Costs i I i I I I i SUMMARY OF OUTSIDE DIRECT COSTS Project: TranSystems - Busse Woods Bike Path OUTSIDE Task 01 - Wetland Delineation & Report Federal Express 4 x $ 15.50 $. 62.00. Task-Total- $ 62:00 Task 02 - Tree Survey Federal Express 2 x $ 15.50 _ $ 31.00 Task Total $ 31.00 Task 03 - Special Waste Screening Record Search /Aerials 1 x $ 375.00 t 375.00 Federal Express 2 x $ 15.50 $ 31.00 Task Total $ 406.00 Task 04- Vegetative Assessment Federal Express 1 x $ 15.50 = $ 15.50 Task Total $ 1'5.50 Task 05 - Project Management Task Total :$ Task 06 - QA/QC Task Total $ - GRAND TOTAL $ 514.50 P:tProposal-20091TranSystemst TranSystems Busse Woods Bike Path OC.xls)Outside Oirect Costs I