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HomeMy WebLinkAbout04-313 r Resolution No. 04-313 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. FOR THE 2005-2007 MOTOR FUEL TAX PROGRAMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that David M.Dorgan, City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Hampton,Lenzini and Renwick, Inc. for the 2005-2007 Motor Fuel Tax Programs,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: December 1, 2004 Adopted: December 1, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT is hereby made and entered into this I Tday of ,1 EC, , 2004,by and between the CITY OF ELGIN, an Illinois municipal corporation(hereinafter referred to as "CITY") and Hampton, Lenzini and Renwick, Inc. a private corporation(hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with Motor Fuel Tax Maintenance Engineering Services (hereinafter referred to as the"PROJECT"); AND WHEREAS, the ENGINEER represents that he is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to act for and represent it in all engineering matters involved in the PROJECT, subject to the following terms, conditions and stipulations: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Public Works of the CITY, herein after referred to as the "DIRECTOR". B. The engineer will assist the City with the overall coordination of the City's MFT program for years 2005-2007. C. A detailed Scope of Services is attached hereto as Attachment A. The contract maintenance projects for which the ENGINEER is responsible are noted on BLR 8202 (Attachment B) with "(contract)"noted on the actual line items. II. PROGRESS REPORTS A. An outline project milestone schedule is provided in Section 2.5 of Attachment A. B. The Engineer will submit to the Director monthly a Status Report keyed to the Project Schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. III.WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including, but not limited to, reports, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR provided, however, that the ENGINEER may retain copies of such work products for its records. Such work products are not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. IV. PAYMENTS TO THE ENGINEER A. City shall pay to ENGINEER those amounts indicated per IDOT's Schedule of Fees,per BLR 4310 (See Attachment C). B. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the amounts shown Attachment C herein, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (IIC above)will be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the authorized representative of the CITY to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. VI. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time for any reason upon fifteen(15) days prior written notice to the ENGINEER. In the event that this Agreement is so terminated by the City, ENGINEER shall be paid for services actually performed on a pro rata basis pursuant to the schedules and terms provided for herein; provided, however, that in no event shall ENGINEER be paid an amount exceeding the task amounts set forth herein. VII. TERM This Agreement shall become effective as of the date the ENGINEER is given a Notice to Proceed and,unless terminated for cause or pursuant to Article V, shall terminate on the date that the CITY provides a written determination that all of ENGINEER'S work pursuant to this agreement has been successfully performed,unless previously terminated by CITY as provided for herein. Such a written determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter require with respect to any term or provision of this agreement. Any such rights of CITY, including but not limited to the provision of Article X here in shall survive any termination and/or expiration of this agreement. VIII. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY, the ENGINEER shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. • IX. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. X. INDEMNIFICATION To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents,boards and commissions from and against any and all claims, suits,judgments, costs, attorneys' fees, damages or other relief, including but not limited to workers' compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligent or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees, agent, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. XI. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. XII. INSURANCE A. Comprehensive Liability. The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance written in occurrence form with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The ENGINEER shall deliver to the DIRECTOR a Certificate of Insurance naming the CITY AS ADDITIONAL INSURED. The policy shall not be modified or terminated without thirty(30) days prior written notice to the DIRECTOR. Such certificate of insurance shall include coverage for the contractual obligations assumed by the ENGINEER pursuant to Article X herein. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorate, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance written in occurrence form covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance written in occurrence form coverage for the general liability and auto exposures may be met with a combined single limit of$1,000,000 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability. The ENGINEER shall carry Engineer's Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per claim made. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty(30) days prior written notice to the DIRECTOR: XIII. CONSTRUCTION MEANS,METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The ENGINEER shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. The ENGINEER shall cooperate with CITY'S employees and with any other consultants working on PROJECT. XIV. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to,but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed,national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation,termination or suspension, in whole or in part, of the Agreement by the CITY. XV. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto;provided, however, that no assignment shall be made without the prior written consent of the CITY. XVI. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the ENGINEER would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advance written approval. XVII. NO CO-PARTNERSHIP OR AGENCY This agreement shall not be construed so as to create a partnership,joint venture, employment or other agency relationship between the parties hereto. XVIII. SEVERABILITY The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. XIX. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. XX. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. XXI. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County,Illinois. XXII. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. XXIII. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. XXIV. INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. XXV. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum,the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of such policies shall be provided to the Department of Human Rights upon request as provided by 775 ILCS 5/2-105. XXVI. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. XXVII. NOTICES All notices,reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to CITY: JOHN LOETE, P.E. Director of Public Works City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: H. David Newkirk, P.E. Hampton, Lenzini & Renwick, Inc. 380 Shepard Drive Elgin, IL 60123 IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN By I ; ,i City Clerk City Manager • (SEAL) For the ENGINEER: Dated this 'ail. of 000 e.144 , A.D., 2004 ATTEST: //B Secretary resident (SEAL) • Attachment A 2.0 Scope of Work and Services 2.1 General Purpose The intent of this section is to identify the services the City anticipates the Engineer will need to perform in order to accomplish the goals and objectives of the project.The Engineer, in preparation of his/her Proposal, should not be limited by the anticipated services identified herein,but should describe any additional services he/she believes beneficial in meeting the project objectives. 2.2 Scope of Services The operations involved and their budgeted amount were as follows for the 2004 construction year: 1. Pavement Striping-Paint $75,000 2. Pavement Striping-Thermoplastic $85,000 3. Traffic Signal Painting $50,000 4. Intermittent Resurfacing $600,000 5. Unimproved Street Maintenance $150,000 6. Bridge Maintenance $100,000 7. Crack Sealing $25,000 8. Traffic Signal Maintenance $120,000 9. Street Light Material Only Bid $50,000 The following is a brief description of the corresponding items mentioned above: 1. Provides re-application or modification of paint striping on existing streets and intersections. 2. Provides removal and application of thermoplastic pavement markings on existing streets and intersections. 3. Coordinates the painting of traffic signal poles at various intersections throughout the City. 4. Provides a non-structural mill and overlay and other related minor repairs of existing streets. 5. Provides base preparation and an overlay application to non-hot-mix-asphalt(HMA) streets. 6. Implements recommended maintenance items noted from annual bridge inspection reports. 7. Provides crack sealing on streets that were resurfaced in the last 4-8 years. 8. This is an annual maintenance contract that can be effective for 3 years from 6-1-04.The project budget also includes funds for a material bid to purchase LED signal heads to be installed by the contractor as a part of the base level of services. 9. A bid package prepared for the purchase of various street light materials. 2.3 Anticipated Services The Engineer will provide all services necessary to complete the project in a successful manner. The following paragraphs are a guide only in identifying important aspects of the project in order for the Engineer to identify the type and level of services to be provided. The Engineer will provide,in consultation with the Department of Public Works,bidding document preparation and construction observation services for the above listed programs. The City expects the Engineer to provide construction phase services to complete the rehabilitation and repair as identified above. These services in general will provide construction administration services including scheduling and on-site quality assurance.The Engineer will inspect areas to be improved and give recommendations for possible repairs. Since the formal bidding process is time consuming,the City will routinely request alternate bid packages to be prepared for one or more projects to allow flexibility in the award of nearly all the budgeted funds for a project.These requests are considered routine by the City and no additional compensation is warranted above the MOT defined percentages. 2.4 Plans, Specification and Bid Documents The Engineer shall prepare bid documents to ensure Illinois Department of Transportation(IDOT)Local Roads approval of the awarded contracts.The Engineer will prepare bid tabulations of each bid opening within twenty-four(24)hours and submit to the City. The Engineer will also provide a recommendation to which contractor to award each bid that includes the reference checks performed on the bidders. Any plans prepared for these projects shall be in an AutoCAD format acceptable to the City.This documentation shall be provided to and loaded onto the City's computer. 2.5 Schedule Each year's projects are to be completed during that year's construction season. The intent is for the following contracts to have bid opening dates no later than March 1 annually: 1) Pavement Striping- Paint,2)Pavement Striping-Thermoplastic and 3)Traffic Signal Painting. All other contracts must have bid opening dates no later than March 15 annually with exception of Crack Sealing which will be bid in August. Attachment B Illinois Department Municipal Estimate of of Transportation Maintenance Costs Period 01/01/04 to 12/31/04 Municipality City of Elgin Estimated Cost of Maintenance Operations Maintenance Operation Material, Equipment or Labor (No.-Description-Total Quantity) Item and Specification Quantity Unit Cost Cost Operation Cost and Unit Catch Basin Cleaning Equipment $ 60,000.00 Labor $ 80,000.00 $ 140,000.0C Bituminous Patching Equipment $ 60,000.00 Labor $ 90,000.00 Sect.#04-00000-00-GM Bit.Mix Group 1 1360 tons $ 25.00 $ 34,000.00 Sect.#04-00000-00-GM Bit. Mix Group 2 200 tons $ 80.00 $ 16,000.00 $ 200,000.0( Bituminous Paving Equipment $ 10,000.00 Labor $ 25,000.00 Sect.#04-00000-00-GM Bit. Mix Group 1 4000 tons $ 25.00 $ 100,000.00 $ 135,000.0( Snow&Ice Control Equipment $ 150,820.00 Labor $235,500.00 Salt(state contract) 5740 tons $ 32.00 $ 183,680.00 Deicing Chemicals(state contract) $ 20,000.00 $ 590,000.01 Storm Sewer Cleaning Equipment $ 16,000.00 Labor $ 35,000.00 $ 51,000.01 Curb&Gutter Equipment $ 25,000.00 Labor, $ 30,000.00 $ 55,000.0 Street Sweeping Equipment $ 180,000.00 Labor $220,000.00 Dump Fees for sweepings $ 40,000.00 $ 440,000.0 Traffic Markings Equipment $ 10,000.00 Labor $ 10,000.00 Sect.#04-00000-02-GM Thermoplastic(contract) $ 75,000.00 Sect.#04-00000-01-GM Paint(contract) $ 85,000.00 $ 180,000.0 Traffic Signals Sect.#04-00000-04-GM Paint(contract) $ 50,000.00 Maint.(IDOT contract IL 19) $ 7,000.00 Sect.#04-00000-07-GM Maintenance(contract) $ 120,000.00 $ 177,000.0 Street Resurfacing Sect.#04-00000-03-GM Intermittent(contract) $ 600,000.00 Sect.#04-00000-06-GM Unimproved Streets(contract) $200,000.00 .. Sect.#04-00000-08-GM Crack Sealing(contract) $ 25,000.00 $ 825,000.( Street Lighting Materials Bid (04-00000-00-GM) $ 50,000.00 Equipment $ 40,000.00 Labor $ 50,000.00 Energy(power costs) $ 50,000.00 $ 190,000.1 Bridge Maintenance Sect.#04-00000-05-GM By Contract $ 100,000.00 $ 100,000. Maintenance Engineer By Contract(see attached sheet) $ 140,000.00 $ 140,000. Total Estimated Maintenance Cost $ 3,223,000. Submitted Approved By: City Manager . Municipal Official Title District Engineer Submit Four(4)Copies to District Engineer Attachment C Illinois Department Maintenance Engineering to be Of Transportation Performed by a Consulting Engineer (to be attached to BLR 8202 or BLR 8205) The services to be performed by the engineer, pertaining to the various items of work included in the estimated cost of maintenance operations (BLR 8202 or 8205), shall consist of the following: PRELIMINARY ENGINEERING shall include: Investigation of the condition of the streets or highways for determination (in consultation with the local highway authority) of the maintenance operations to be included in the maintenance program; preparation of the maintenance resolution, estimate and proposal; attendance at meetings of the governing body as may reasonably be required; attendance at public letting; preparation of the contract or acceptance of proposal forms; and the preparation of the maintenance expenditure statement. ENGINEERING INSPECTION shall include: Furnishing the engineering field inspection (including preparation of payment estimates and/or checking material invoices) of those maintenance operations requiring professional on-site inspection, as opposed to those ordinary operations such as street sweeping, snow removal, tree trimming, crack filling, cleaning ditches and culverts, etc., which typically require no professional inspection. For furnishing preliminary engineering, the engineer will be paid a base fee PLUS a negotiated fee percentage. For furnishing engineering inspection the engineer will be paid a negotiated fee percentage. The negotiated preliminary engineering fee percentage for each group shown in the"Schedule of Fees"shall be applied to the total estimated costs of that group. The negotiated fee for engineering inspection for each group shall be applied to the total final cost of that group for the items which required engineering. (See reverse side for additional instructions). In no case shall this be construed to include supervision of contractor operations. SCHEDULE OF FEES Programs of$15,000 or Less Over$15,000 F t , Negotiated ($1,000 Maximum) $1,000 i s �M y sv iyar it .+ ,fit PLUS Group Preliminary Engineering Engineering Inspection Operation to be Acceptable Fee % Negotiated Fee % Acceptable Fee % Negotiated Fee % Inspected, Etc. NA NA NA NA NA Il 2% NA NA NA III 4% 4% IV 5% 6% SIGNATURES By: P .pt� +EN L. �►'+ Arw ' 4 r.l w m.6 f TA/G. Local Agency Official Consu ting Engineer ;a!!!t!rMrtu!rrryi: By: Att t):61 /// Title • 'f� .E.Sea • 11. 08. _��- !�, Date IL 494-0325 BLR 4310(Rev. 11/s Group TYPICAL OPERATION WITHIN GROUP Non-engineering items; materials or services purchased without a proposal; i.e. electrical energy and expendable small tools. II Routine day labor maintenance items, i.e. street sweeping, tree trimming or removal, mowing, ice and snow control, cleaning ditches, brush removal, traffic signal maintenance, lighting maintenance and purchases by a proposal of materials not directly incorporated into the work. Items requiring minimum preliminary engineering and no engineering inspection. Ill Day labor maintenance items requiring material proposal. Items furnished and spread or delivered to jobsite by material suppliers. Items requiring preliminary engineering and/or engineering inspection. IV Contract maintenance items performed by contractors. Items requiring preliminary engineering and/or engineering inspection. Notes: (1) The negotiated fee shall not exceed the acceptable fee percentage for each group and shall be negotiated based on the level of complexity involved. (2) PRELIMINARY ENGINEERING: The negotiated fee for each group shall be applied to the total estimated costs of those items in that group (excluding engineering cost). (3) ENGINEERING INSPECTION: To compute the estimated cost, the negotiated fee for each group shall be applied to the total estimated cost of those items in that group to be inspected. The actual fee paid shall be based on the final costs of those items in that group given field inspection by the Engineer. (4) Payment for maintenance engineering may be arranged: (a) On the basis of base fees plus percentage fees not to exceed the fees listed, or * (b) On the basis of the actual cost of services plus a specified percentage for overhead, or * (c) On the basis of a lump sum fee. * If method (b)or (c)is employed, the total engineering cost shall not be greater than the amount determined under method (a). (5) Ten percent of the total fee is to be withheld until such time as the expenditure statement is submitted and the final cost of inspected items is known. (6) Each maintenance operation shown on the"Estimate of Maintenance Costs" shall show the applicable engineering Group (I to IV)for which the operation applies. (7) Base fee applies only to preliminary engineering. • ■ �,0 OF f4C� `� " City of Elgin Agenda Item No. II E G November 12, 2004 �'° 0 1 N TO Mayor and Members of the City Council 1 , , b,`zr FINANCIALLY STABLE CITYGOVERNMENT EFFICIENT SERVICES, FROM: David M. Dorgan, City Manager , AND QIXaLI7YINFRASTRUCTURE John M. Loete, Public Works Director SUBJECT: Agreement with Hampton, Lenzini, and Renwick for Engineering Services for the 2005-07 Motor Fuel Tax Programs PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into an agreement with Hampton, Lenzini, and Renwick (HLR) to provide engineering services for the contract maintenance portion of the 2005-07 Motor Fuel Tax (MFT)Programs. '" RECOMMENDATION It is recommended that the City Council approve the subject agreement with HLR in an amount not to exceed$140,000 annually and authorized staff to execute the necessary documents. BACKGROUND In October of 2004, the City issued a Request for Proposal (RFP) for engineering design and maintenance contract management/ inspection for the contract maintenance programs funded by MFT for a three year period (2005-2007). The programs included are pavement striping (paint/epoxy and thermoplastic), traffic signal painting, bridge maintenance, intermittent resurfacing, unimproved street maintenance, and traffic signal maintenance. Five firms were solicited and submitted proposals in response to the RFP. HLR was chosen as the most qualified firm. A copy of the consultant rating and ranking sheets showing the firms involved and the results of the scoring are attached as Exhibit A. The use of a consultant to manage the MFT programs has worked very well in the past and HLR has performed commendably during the last contract which expires at the end of 2004. They have exhibited a strong local knowledge and have shown good initiative by not only managing the programs, but also improving the approach on several of them. No negotiations for fees were conducted due to the fact that fees are predetermined as a percentage of the project cost by IDOT. Maintenance engineering services to be performed by Agreement with Hampton, Lenzini, and Renwick for Engineering Services November 12, 2004 Page 2 HLR are established by IDOT regulations and paid for at a rate based on a percentage of the construction/purchase cost as outlined in the Schedule of Fees (form BLR 4310). The proposed agreement with HLR is attached as Exhibit B and it includes that schedule. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None yikFINANCIAL IMPACT Fees and payments must be approved by IDOT as part of the annual MFT program closeout. Based on the anticipated maintenance contract budget, fees should not exceed $140,000. Sufficient funds are budgeted annually in MFT Fund, account number 290-0000-791.41-10, "Maintenance Engineering". These funds are programmed annually with the estimate of maintenance cost submitted each year for approval to spend the City's MFT allotment. In the proposed 2005 budget$140,000 is allocated for this initiative. GAL IMPACT f None ALTERNATIVES 1. Award agreement as recommended. 2. Do not award the agreement and do the contract management with City Staff. There are not sufficient resources available to do the work in a timely manner. 3. Do not award the agreement and do not perform the maintenance work. Use the MFT funding for alternative, eligible projects. Respectfully submitted for Council consideration. (cab) Attachments r QUALIFICA NS RATING SHEET _ QUALIFICATIONS RATING SHEET FOR MFT ENGINEERING SERVICES 2005 - 2007 V3 Postl-Yore HLR Steve John Joe Mike Chad Steve John Joe Mike Chad Steve John Joe Mike Chad EVALUATION FACTORS WEIGHT Pertzborn Loete Evers Hall Butzow Pertzborn Loete Evers Hall Butzow Pertzborn Loete Evers Hall Butzow Project Manager Qualifications 0-25 15 15 20 21 20 16 20 20 22 21 17 20 20 24 23 Project Team Qualifications 0-25 20 16 20 22 23 15 14 15 22 21 I 17 20 18 23 24 Firm Experience 0-15 10 10 13 14 13 I 9 8 10 14 13 11 11 12 15 14 Scope of Services Proposed 0-15 11 9 15 12 14 9 11 12 13 14 I 11 10 13 13 13 Familiarity With Conditions 0-15 9 13 13 14 11 I 5 13 8 14 11 14 15 14 15 15 Technology 0-5 1 5 4 5 5 I 1 5 3 5 5 1 5 3 5 5 TOTALS 100 66 68 85 88 86 55 71 68 90 85 71 81 80 95 94 Smith Ciorba Steve John Joe Mike Chad Steve John Joe Mike Chad EVALUATION FACTORS WEIGHT Pertzborn Loete Evers Hall Butzow Pertzborn Loete Evers Hall Butzow Project Manager Qualifications 0-25 18 23 22 23 22 16 20 20 22 22 Project Team Qualifications 0-25 15 13 20 22 22 17 15 20 22 24 Firm Experience 0-15 12 11 14 15 14 10 11 14 14 14 Scope of Services Proposed 0-15 9 10 10 12 11 10 15 10 12 11 Familiarity With Conditions 0-15 13 14 14 14 13 I 8 12 12 14 12 Technology 0-5 1 5 3 5 5 1 5 3 5 5 TOTALS 100 68 76 83 91 87 62 78 79 89 88 AVERAGE SCORE SHEET MFT ENGINEERING SERVICES 2005 - 2007 CONSULTANTS SELECTION TEAM V3 Postl-Yore HLR Smith Ciorba Steve Pertzborn 3 5 1 2 4 John Loete 5 4 1 3 2 Joe Evers 1 5 3 2 4 Mike Hall 5 3 1 2 4 Chad Butzow 4 5 1 3 2 TOTAL SCORE 18 22 7 12 16 Notes: Assign Scores based on the following formula: rib.' (1 -first, 2-second, 3-third, 4-forth, 5-fifth) Low Total Score Indicates Top Ranked Firm r rik AGREEMENT THIS AGREEMENT is hereby made and entered into this day of , 2004,by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Hampton, Lenzini and Renwick, Inc. a private corporation (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with Motor Fuel Tax Maintenance Engineering Services (hereinafter referred to as the"PROJECT"); AND WHEREAS, the ENGINEER represents that he is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to act for and represent it in all engineering matters involved in the PROJECT, subject to the following terms, conditions and stipulations: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Public Works of the CITY, herein after referred to as the "DIRECTOR". B. The engineer will assist the City with the overall coordination of the City's MFT program for years 2005-2007. C. A detailed Scope of Services is attached hereto as Attachment A. The contract maintenance projects for which the ENGINEER is responsible are noted on BLR 8202 (Attachment B)with "(contract)"noted on the actual line items. II. PROGRESS REPORTS A. An outline project milestone schedule is provided in Section 2.5 of Attachment A. B. The Engineer will submit to the Director monthly a Status Report keyed to the Project Schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. III. WORK PRODUCTS All work products prepared by the ENGINEER pursuant hereto including, but not limited to, reports, designs, calculations, work drawings, studies,photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR provided, however, that the ENGINEER may retain copies of such work products for its records. Such work products are not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. IV. PAYMENTS TO THE ENGINEER A. City shall pay to ENGINEER those amounts indicated per IDOT's Schedule of Fees,per BLR 4310 (See Attachment C). B. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the amounts shown Attachment C herein, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. V. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (IIC above) will be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the authorized representative of the CITY to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. VI. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time for any reason upon fifteen (15) days prior written notice to the ENGINEER. In the event that this Agreement is so terminated by the City, ENGINEER shall be paid for services actually performed on a pro rata basis pursuant to the schedules and terms provided for herein; provided, however, that in no event shall ENGINEER be paid an amount exceeding the task amounts set forth herein. VII. TERM This Agreement shall become effective as of the date the ENGINEER is given a Notice to Proceed and, unless terminated for cause or pursuant to Article V, shall terminate on the date that the CITY provides a written determination that all of ENGINEER'S work pursuant to this agreement has been successfully performed, unless previously terminated by CITY as provided for herein. Such a written determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter require with respect to any term or provision of this agreement. Any such rights of CITY, including but not limited to the provision of Article X here in shall survive any termination and/or expiration of this agreement. VIII. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY, the ENGINEER shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. relk IX. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. X. INDEMNIFICATION To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents,boards and commissions from and against any and all claims, suits,judgments, costs, attorneys' fees, damages or other relief, including but not limited to workers' compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligent or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees, agent, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. XI. NO PERSONAL LIABILITY • No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. XII. INSURANCE A. Comprehensive Liability. The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance written in occurrence form with limits of at least $1,000,000 aggregate for bodily injury and$1,000,000 aggregate for property damage. The ENGINEER shall deliver to the DIRECTOR a Certificate of Insurance naming the CITY AS ADDITIONAL INSURED. The policy shall not be modified or terminated without thirty(30) days prior written notice to the DIRECTOR. Such certificate of insurance shall include coverage for the contractual obligations assumed by the ENGINEER pursuant to Article X herein. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorate, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance written in occurrence form covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance written in occurrence form coverage for the general liability and auto exposures may be met with a combined single limit of$1,000,000 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability. The ENGINEER shall carry Engineer's Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per claim made. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty(30) days prior written notice to the DIRECTOR. XIII. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The ENGINEER shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. The ENGINEER shall cooperate with CITY'S employees and with any other [ consultants working on PROJECT. elimk XIV. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement,there shall be no discrimination against any employee or applicant for employment because of sex, age,race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to,but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. XV. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. XVI. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the ENGINEER would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advance written approval. XVII. NO CO-PARTNERSHIP OR AGENCY This agreement shall not be construed so as to create a partnership,joint venture, employment or other agency relationship between the parties hereto. XVIII. SEVERABILITY The parties intend and agreed that, if any paragraph, sub-paragraph,phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. XIX. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. XX. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. XXI. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. XXII. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. rft. XXIII. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. XXIV. INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. XXV. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of such policies shall be provided to the Department of Human Rights upon request as provided by 775 ILCS 5/2-105. figlw rik XXVI. WRITTEN COMMUNICATIONS, All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. XXVII. NOTICES All notices,reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to CITY: JOHN LOETE, P.E. Director of Public Works r City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: H. David Newkirk, P.E. Hampton, Lenzini & Renwick, Inc. 380 Shepard Drive Elgin, IL 60123 r . • IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN By By City Clerk City Manager (SEAL) For the ENGINEER: Dated this day of , A.D., 2004 ATTEST: By By Secretary President (SEAL) Attachment A • 2.0 Scope of Work and Services 2.1 General Purpose The intent of this section is to identify the services the City anticipates the Engineer will need to perform in order to accomplish the goals and objectives of the project.The Engineer,in preparation of his/her Proposal, should not be limited by the anticipated services identified herein,but should describe any additional services he/she believes beneficial in meeting the project objectives. 2.2 Scope of Services The operations involved and their budgeted amount were as follows for the 2004 construction year: 1. Pavement Striping-Paint $75,000 2. Pavement Striping-Thermoplastic $85,000 3. Traffic Signal Painting $50,000 4. Intermittent Resurfacing $600,000 5. Unimproved Street Maintenance $150,000 6. Bridge Maintenance $100,000 7. Crack Sealing $25,000 8. Traffic Signal Maintenance $120,000 9. Street Light Material Only Bid $50,000 The following is a brief description of the corresponding items mentioned above: 1. Provides re-application or modification of paint striping on existing streets and intersections. 2. Provides removal and application of thermoplastic pavement markings on existing streets and intersections. 3. Coordinates the painting of traffic signal poles at various intersections throughout the City. 4. Provides a non-structural mill and overlay and other related minor repairs of existing streets. 5. Provides base preparation and an overlay application to non-hot-mix-asphalt(IIMA) streets. 6. Implements recommended maintenance items noted from annual bridge inspection reports. 7. Provides crack sealing on streets that were resurfaced in the last 4-8 years. 8. This is an annual maintenance contract that can be effective for 3 years from 6-1-04.The project budget also includes funds for a material bid to purchase LED signal heads to be installed by the contractor as a part of the base level of services. 9. A bid package prepared for the purchase of various street light materials. 2.3 Anticipated Services The Engineer will provide all services necessary to complete the project in a successful manner.The following paragraphs are a guide only in identifying important aspects of the project in order for the Engineer to identify the type and level of services to be provided. The Engineer will provide,in consultation with the Department of Public Works,bidding document preparation and construction observation services for the above listed programs.The City expects the Engineer to provide construction phase services to complete the rehabilitation and repair as identified above. These services in general will provide construction administration services including scheduling and on-site quality assurance. The Engineer will inspect areas to be improved and give recommendations for possible repairs. Since the formal bidding process is time consuming,the City will routinely request alternate bid packages to be prepared for one or more projects to allow flexibility in the award of nearly all the budgeted funds for a project.These requests are considered routine by the City and no additional compensation is warranted above the IDOT defined percentages. 2.4 Plans, Specification and Bid Documents The Engineer shall prepare bid documents to ensure Illinois Department of Transportation(IDOT)Local Roads approval of the awarded contracts.The Engineer will prepare bid tabulations of each bid opening within twenty-four(24)hours and submit to the City.The Engineer will also provide a recommendation to which contractor to award each bid that includes the reference checks performed on the bidders.Any plans prepared for these projects shall be in an AutoCAD format acceptable to the City.This documentation shall be provided to and loaded onto the City's computer. • 2.5 Schedule Each year's projects are to be completed during that year's construction season.The intent is for the following contracts to have bid opening dates no later than March 1 annually: 1)Pavement Striping- Paint, 2)Pavement Striping-Thermoplastic and 3)Traffic Signal Painting. All other contracts must have bid opening dates no later than March 15 annually with exception of Crack Sealing which will be bid in August. • Attachment B Illinois Department Municipal Estimate of of Transportation Maintenance Costs Period 01/01/04 to 12/31/04 Municipality City of Elgin Estimated Cost of Maintenance Operations • Material, Equipment or Labor Maintenance Operation Operation Cost (No.-Description-Total Quantity) Item and Specification Quantity Unit Cost Cost p and Unit Catch Basin Cleaning Equipment $ 60,000.00 Labor $ 80,000.00 $ 140,000.00 Bituminous Patching Equipment $ 60,000.00 Labor $ 90,000.00 Sect.#04-00000-00-GM Bit.Mix Group 1 1360 tons $ 25.00 $ 34,000.00 ' Sect.#04-00000-00-GM Bit. Mix Group 2 200 tons , $ 80.00 $ 16,000.00 $ 200,000.00 Bituminous Paving Equipment $ 10,000.00 Labor $ 25,000.00 Sect.#04-00000-00-GM Bit. Mix Group 1 4000 tons $ 25.00 $ 100,000.00 ' $ 135,000.00 Snow& Ice Control Equipment $ 150,820.00 , Labor . $235,500.00 Salt(state contract) 5740 tons , $ 32.00 $ 183,680.00 _ Deicing Chemicals(state contract) . $ 20,000.00 $ 590,000.00 Storm Sewer Cleaning Equipment $ 16,000.00 Labor $ 35,000.00 _ $ 51,000.00 urb&Gutter Equipment $ 25,000.00 Labor, $ 30,000.00 - $ 55,000.0C Street Sweeping Equipment $ 180,000.00 _ Labor $220,000.00 Dump Fees for sweepings $ 40,000.00 $ 440,000.0C Traffic Markings Equipment ' $ 10,000.00 -- Labor $ 10,000.00 Sect.#04-00000-02-GM Thermoplastic(contract) ' $ 75,000.00 Sect.#04-00000-01-GM Paint(contract) $ 85,000.00 $ 180,000.0( Traffic Signals Sect.#04-00000-04-GM Paint(contract) $ 50,000.00 .__ Maint.(IDOT contract IL 19) ) $ 7,000.00 Sect.#04-00000-07-GM Maintenance(contract) $ 120,000.00 $ 177,000.0( Street Resurfacing . Sect.#04-00000-03-GM Intermittent(contract) $600,000.00 . . Sect.#04-00000-06-GM Unimproved Streets(contract) $200,000.00 Sect.#04-00000-08-GM Crack Sealing(contract) . $ 25,000.00 $ 825,000.0( Street Lighting Materials Bid (04-00000-00-GM) $ 50,000.00 Equipment $ 40,000.00 Labor $ 50,000.00 Energy(power costs) $ 50,000.00 $ 190,000.0 Bridge Maintenance ._ Sect.#04-00000-05-GM By Contract $ 100,000.00 $ 100,000.0 Maintenance Engineer By Contract(see attached sheet) $ 140,000.00 $ 140,000.0 Total Estimated Maintenance Cost $ 3,223,000.0 t lbmitted Approved By: City Manager . Municipal Official Title District Engineer Submit Four(4)Copies to District Engineer • Attachment C Illinois Department Maintenance Engineering to be of Transportation Performed by a Consulting Engineer (to be attached to BLR 8202 or BLR 8205) The services to be performed by the engineer, pertaining to the various items of work included in the estimated cost of maintenance operations (BLR 8202 or 8205),shall consist of the following: PRELIMINARY ENGINEERING shall include: Investigation of the condition of the streets or highways for determination (in consultation with the local highway authority) of the maintenance operations to be included in the maintenance program; preparation of the maintenance resolution, estimate and proposal; attendance at meetings of the governing body as may reasonably be required; attendance at public letting; preparation of the contract or acceptance of proposal forms; and the preparation of the maintenance expenditure statement. ENGINEERING INSPECTION shall include: Furnishing the engineering field inspection (including preparation of payment estimates and/or checking material invoices)of those maintenance operations requiring professional on-site inspection, as opposed to those ordinary operations such as street sweeping, snow removal, tree trimming, crack filling, cleaning ditches and culverts, etc.,which typically require no professional inspection. For furnishing preliminary engineering,the engineer will be paid a base fee PLUS a negotiated fee percentage. For furnishing engineering inspection the engineer will be paid a negotiated fee percentage. The negotiated preliminary engineering fee percentage for each group shown in the"Schedule of Fees"shall be applied to the total estimated costs of that group. The inanegotiated fee for engineering inspection for each group shall be applied to the total final cost of that group for the items which squired engineering. (See reverse side for additional instructions). In no case shall this be construed to include supervision of contractor operations. SCHEDULE OF FEES Programs of$15,000 or Less Over$15,000 `` ' Negotiated($1,000 Maximum) PLUS Group Preliminary Engineering Engineerin Inspection Operation to be Acceptable Fee % Negotiated Fee % Acceptable Fee % Negotiated Fee% Inspected, Etc. NA NA NA NA NA II 2% NA NA NA Ill 4% 4% IV 5% - 6% SIGNATURES By: Local Agency Official Consulting Engineer By: Title (P.E.Seal) Date Date IL 494-0325 BLR 4310(Rev. 11/92 • Group TYPICAL OPERATION WITHIN GROUP Non-engineering items; materials or services purchased without a proposal; i.e. electrical energy and expendable small tools. II Routine day labor maintenance items, i.e. street sweeping, tree trimming or removal, mowing, ice and snow control, cleaning ditches, brush removal,traffic signal maintenance, lighting maintenance and purchases by a proposal of materials not directly incorporated into the work. Items requiring minimum preliminary engineering and no engineering inspection. III Day labor maintenance items requiring material proposal. Items furnished and spread or delivered to jobsite by material suppliers. Items requiring preliminary engineering and/or engineering inspection. IV Contract maintenance items performed by contractors. Items requiring preliminary engineering and/or engineering inspection. Notes: (1) The negotiated fee shall not exceed the acceptable fee percentage for each group and shall be negotiated based on the level of complexity involved. (2) PRELIMINARY ENGINEERING: The negotiated fee for each group shall be applied to the total estimated costs of those items in that group (excluding engineering cost). (3) ENGINEERING INSPECTION: To compute the estimated cost, the negotiated fee for each group shall be applied to the total estimated cost of those items in that group to be inspected. The actual fee paid shall be based on the final costs of those items in that group given field inspection by the Engineer. 4) Payment for maintenance engineering may be arranged: epa (a) On the basis of base fees plus percentage fees not to exceed the fees listed, or * (b) On the basis of the actual cost of services plus a specified percentage for overhead, or * (c) On the basis of a lump sum fee. * If method (b)or(c)is employed, the total engineering cost shall not be greater than the amount determined under method (a). (5) Ten percent of the total fee is to be withheld until such time as the expenditure statement is submitted and the final cost of inspected items is known. (6) Each maintenance operation shown on the"Estimate of Maintenance Costs" shall show the applicable engineering Group (1 to IV)for which the operation applies. (7) Base fee applies only to preliminary engineering. erk