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HomeMy WebLinkAbout13-34 Resolution No. 13-34 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WILLS, BURKE KELSEY ASSOCIATES, LTD. FOR ENGINEERING SERVICES IN CONNECTION WITH THE 2013-2015 ANNUAL ROADWAY MAINTENANCE PROGRAM REGARDING MOTOR FUEL TAX PROJECTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS that Sean R. Stegall,City Manager,and Kimberly A.Dewis,City Clerk,be and are hereby authorized and directed to execute an agreement with Wills,Burke Kelsey Associates,Ltd.on behalf of the City of Elgin for engineering services in connection with the 2013-2015 annual roadway maintenance program regarding motor fuel tax projects,a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: February 27, 2013 Adopted: February 27, 2013 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk 9 i, AGREEMENT THIS AGREEMENT is made and entered into this 27th day of February, 2013, by and between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to as"CITY") and Wills,Burke Kelsey Associates,LTD,an Illinois Corporation(WBK)(hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with Motor Fuel Tax (MFT) projects, also referred to as Annual Roadway Projects (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 the engineering matters involved in the PROJECT as described herein,subject to the following terms and conditions and stipulations, to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Public Works (or his designee) of the CITY, herein after referred to as the"'DIRECTOR". B. The scope of services performed by the ENGINEER shall include but shall not be limited to the engineering and administrative over sight of programs relating to the Annual Roadway Project. Engineering shall include preliminary engineering and also engineering inspection and testing services. Programs shall include intermittent resurfacing,concrete removal and replacement,pavement marking and design,traffic signal painting,and the preparation of the Annual Roadway Project as it relates to the budget and documentation of the PROJECT required by the Illinois Department of Transportation. C. A detailed Scope of Services is outlined in the ENGINEER'S proposal dated January 3, 2013 attached hereto as Attachment A under 2013 PROPOSED PROJECT COST WITH FEE STRUCTURE. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided as Attachment B,attached hereto. Progress will be recorded on the project schedule and submitted weekly as a component of the Status Report described in B below. Daily status updates will be submitted via Sales Force Chatter and will give the CITY and the ENGINEER an opportunity to stay current on up to the minute issues relating to the PROJECT. The CITY shall provide all needed Chatter licenses to the ENGINEER at no charge to the ENGINEER for the duration of the PROJECT. The ENGINEER shall be responsible for furnishing the project manager and resident engineer assigned to the PROJECT smart devices to appropriately use the Chatter system. The ENGINEER agrees to abide by the terms of use for the Sales Force Chatter product as defined throughout the project by the CITY. B. The ENGINEER will submit to the DIRECTOR a formal weekly a status report via e-mail and Chatter keyed to the project schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. C. The ENGINEER shall be required to report to the CITY any means, methods or techniques that are not in conformance with the project plans and specifications or terms of the Construction Contract Agreement with the City. 3. WORK PRODUCTS All work product prepared by the ENGINEER pursuant hereto including,but not limited to, reports, plans, 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 product for its records. ENGINEER'S execution of this Agreement shall constitute ENGINEER'S conveyance and assignment of all right, title and interest by the ENGINEER to the CITY of all such work product prepared by the ENGINEER pursuant to this Agreement. The CITY shall have the right either on its own or through such other engineers as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is 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. 4. PAYMENTS TO THE ENGINEER (Not To Exceed Method) A. For services to be provided by the ENGINEER pursuant to this agreement, the ENGINEER shall be paid on a percentage basis as identified in the ENGINEER'S proposal attached hereto as Attachment A, with the total fees to be paid to the ENGINEER(not to exceed$207,450.00 in 2013)unless substantial modifications to the anticipated scope of services are authorized in writing by the CITY and approved by way of written amendment to this Agreement. The table below is an estimate of the 2013 project costs and resulting estimated fees to be paid to the ENGINEER pursuant to this Agreement: - 2 - 2013 PROPOSED PROJECT COST WITH FEE STRUCTURE Project Testing Maint. Design Construction Material Management Management Project Construction o Group Cost Engineering Engineering Testing (5/0 of Cost Testing) Base Fee @ $1,250 for 5 n/a n/a n/a n/a n/a n/a $6,250 sets of bid documents Pavement Marking- IV $215,000 $10,750 $12,900 n/a n/a $23,650 Paint/ Epoxy /Polyurea Traffic Signal 116 $35,000 $1,050 $1,050 n/a n/a $2,100 - Painting Traffic Signal and Street 1113 $35,000 $1,050 n/a n/a n/a $1,050 Light- Material Asphalt- 116 $190,000 $5,700 n/a n/a n/a $5,700 Material Intermittent Resurfacing IV $1,400,000 $70,000 $84,000 $14,000 $700 $168,700 Management Cost $207,450 B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the amount of the invoiced fee plus an additional five percent of the cost of outside services. Any such fees of other firms or sub-consultants are included within the not to exceed fees for this agreement of$207,450 referred to in section 4A hereof. C. The ENGINEER shall be afforded an annual economic adjustment after the initial year of the contract period for the duration of the contract which shall not exceed the All Urban Consumers Group of the Consumer Price Index for Chicago-Gary- Kenosha for the previous 12 month period. The economic adjustment shall be specially limited to the item identified as"Base Fee' and shall not increase the cost of the Design Engineering, Construction Management, or Material Testing fees or other fees associated with the PROJECT. The initial contract places no obligation on the CITY to appropriate funds beyond the initial term of the contract and contract extensions are dependent upon sufficient funds being appropriated each fiscal year by the CITY for this work. - 3 - 5. PAYMENT SCHEDULE A. 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 in the above schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. 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 in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. 6. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (213 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. 7. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the ENGINEER. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination,except that reimbursement shall not exceed the task amounts set forth under Paragraph 4 above. 8. 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 7, shall be deemed in effect from inception until December 31, 2015. Two one year extensions may be granted by the CITY beginning January 1 S`,2016 until December 31",2016 and again on January I S`,2017 and ending December 31", 2017 upon acceptance of both parties. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. - 4 - 9. 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. 10. 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. Notwithstanding the foregoing,or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the ENGINEER pursuant to Paragraph 4 hereof,no action shall be commenced by the ENGINEER against the CITY for monetary damages. ENGINEER hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the Local Government Prompt Payment Act (50 ILCS 50111, et seq.), as amended, or the Illinois Interest Act(815 ILCS 205/1,et seq.),as amended. The parties hereto further agree that any action by the ENGINEER arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred.The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 11. INDEMNIFICATION To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify, 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 negligence 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,agents,boards or commissions,covered by the foregoing duty to indemnify,and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this paragraph shall survive any expiration and/or termination of this Agreement. - 5 - 12. 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. 13. 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 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 Certification 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. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article 10 entitled "Indemnification" shall be provided. 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 prorated, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance 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 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 Engineers 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 occurrence. 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. - 6 - 14. 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. 15. 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. 16. 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. 17. 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 advanced written approval. - 7 - 18. 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. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. - 8 - 25. 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. 26. 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 the policies shall be provided by ENGINEER to the Department of Human Rights upon request 775 ILCS 5/2-105. 27. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, ENGINEER shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 etseq. A copy of such policy shall be provided to the City's Assistant City Manager prior to the entry into and execution of this agreement. 28. 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. - 9 - 29. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be both sent electronically by email and mailed by First Class Mail, postage prepaid, addressed as follows: A. As to CITY: Dan Ault Management Analyst City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: Greg Chismark Executive Vice President Wills, Burke, Kelsey Associates, LTD.116 w Main Street, Suite 201 St. Charles, IL 60174 30. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the ENGINEER shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, ENGINEER hereby certifies, represents and warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legal residents of the United States. ENGINEER shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. The CITY shall have the right to audit any records in the possession or control of the ENGINEER to determine ENGINEER'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the ENGINEER shall make available to the CITY the ENGINEER'S relevant records at no cost to the CITY. ENGINEER shall pay any and all costs associated with any such audit. - 10 - IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement effective as of the date and year first written above. FOR THE CITY: FOR THE ENG ER: By By: ity M- anager Name/P nt: Title: 1//[' 49429ZA //71 Attest: City Clerk - 11 - ATTACHMENT A SCOPE OF SERVICES Wills Burke Kelsey Associates (WBK) (the ENGINEER) will provide the following described services for the City of Elgin (the CITY) with respect to the 2013-2015 Annual Roadway Maintenance Program as required each year by the PROJECT: Provide Preliminary Engineering Services and Engineering Inspection Services generally in accordance with the requirements of the Illinois Department of Transportation as outlined in IDOT BLR form 05520 (Maintenance Engineering to be Performed by a Consulting Engineer) and as further described. 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,maintenance estimate of cost and,if applicable,proposal; attendance at meetings of the governing body as may reasonably be required; attendance at public letting; preparation of the contract and/or acceptance of BLR 12330 form. The maintenance expenditure statement must be submitted to IDOT within 3 months of the end of the maintenance period. Coordination with City staff relative to MFT eligible maintenance costs for preparation of IDOT forms. ENGINEERING INSPECTION shall include: Furnishing the engineering field inspection,including preparation of payment estimate for contract, material proposal and/or deliver and install proposal and/or checking material invoices of those maintenance operations requiring engineering field inspection, as opposed to those routine maintenance operations as described in Chapter 14-2.04 of BLRS Manual, which may or may not require engineering inspection. TESTING SERVICS shall include: Furnishing pavement cores during the design engineering phase, nuclear density testing during paving operations, asphalt plant inspection prior to paving activities, and review of the QC Asphalt plan for paving. It shall also include concrete field testing services, collection of concrete cylinders, concrete break reports, and review of the QC Concrete plan. All field testing services will follow the QC/QA program established by IDOT, to ensure that independent test results are provided. - 12 - The MFT Program may include the following contracts/projects: 1. Pavement Striping—Paint & Epoxy (Group IV) A. Provide re-application or modification of pavement markings on existing streets and intersections. B. WBK will recommend non-routine pavement marking modification on streets and intersections where intermittent resurfacing is being performed. This includes consideration for the addition of bike lanes where consistent with City goals and directives. C. WBK will field identify and evaluate existing pavement paint locations and conditions. D. Include IDOT routes as a priority. E. Evaluate the 2012 and prior year application of epoxy&poly-urea pavement markings. 2. Traffic Signal Painting(Group IV) A. Coordinate the painting of traffic signal poles at various intersections throughout the City(Approximately 15 to 20 intersections). B. WBK will field identify existing traffic signal locations and evaluate existing traffic signal pole paint conditions. C. Include traffic signals on IDOT routes but not on Kane County routes. D. Evaluate decorative street lights and bridge railing in the downtown area. E. Update the Signal Maintenance spreadsheet based on the recommended annual program. 3. Traffic and Street Light Material Only Bid (Group IIB) A. Coordinate with City staff on the need and inventory of street light and traffic signal materials. B. Prepare a bid package for the purchase of various traffic signal and street light materials. 4. Asphalt Material Bid (Group IIB) A. Coordinate with City staff on the material and quantity of bituminous pavement patching materials. B. Prepare a bid package for asphalt material bid (Hot Mix and UPM). 5. Concrete Material Bid (Group IIB) A. Coordinate with City staff on the material and quantity of concrete pavement patching materials. B. Prepare a bid package for concrete materials for patching pavements and curb. - 13 - 6. Traffic Signal Maintenance (Group IIB) A. Coordinate with City staff on the scope of traffic signal maintenance and performance measures to be included in the contract. B. Prepare a bid package for as a three year maintenance contract for the referenced work. (last bid in 2012). C. Traffic signal maintenance will not be performed on MOT Routes. 7. Intermittent Street Resurfacing(Group IV) A. Provide a non-structural mill and overlay and other related minor repairs of existing streets. B. The City of Elgin will provide WBK with a list of streets to be included in the street resurfacing program based upon a previously completed pavement evaluation program. C. Sidewalk removal and replacement locations will be identified by WBK and will only be included at intermittent locations where sidewalk exhibits a deteriorated structural condition that may present a tripping hazard. All other sidewalk shall remain in place. D. Curb and Gutter removal and replacement locations will be identified by WBK and will be limited to severely deteriorated curb and gutter sections or missing curb and gutter sections. E. Pavement patching quantities will be included in the contract documents. Contract quantities for patching will be based upon a nominal quantity of approximately 10% of the total pavement surface area. Field painting and measuring of proposed patching areas during the design process is not included in the scope of work. F. Crack sealing is not included in the scope of work and will not be included in the contract documents. G. Quality Assurance material inspection and testing during construction will be provided by a qualified testing agency as approved by the City of Elgin and included in our contract. 8. Miscellaneous Duties and Programs (Group IIB or IV) A. Coordinate with City staff to develop the programs and approaches to evaluate and improve pavement performance and assessment in an endeavor to optimize the use of MFT funds. These will be unique and the scope will be determined by City staff at the time of the project. B. Prepare bid documents as required to accomplish the goals of the program. - 14 - 9. Material Testing(Group IV) A. Quality Assurance material inspection and testing during construction will be provided by a qualified testing agency as approved by the City of Elgin and in accordance with IDOT requirements. - 15 - ATTACHMENT B PROJECT SCHEDULE 2013 Project Bid Opening Start of Construction Completion of Construction Pavement Marking- Paint Week of to th / Epoxy/Polyurea February 25 th Week of May 6 Week of September 30 Traffic Signal - Painting Week of th Week of May 6th Week of September 9th February 25 Traffic Signal and Street Week of�April Week of tune 3`d Week of August 5th Light- Material 29 Asphalt- Material Week of th Week of April 1" Awarded bid prices utilized February 25 until next year's bid Intermittent Resurfacing Week of th Week of May 6th Week of September 91h February 25 - 16 - ATTACHMENT C SCHEDULE OF FEES The not to exceed fee schedule is derived from IDOT practices and is noted below. During the term of this contract it is agreed by both parties that any adjustments to the base fee or percentages in accordance with MOT practices will be incorporated. Total of the Maintenance Operation Base Fee for each Contract > $20,000 $1,250.00 PLUS Preliminary En *neenng Engineering Ins ection Maint. Acceptable Fee Negotiated Fee Acceptable Fee Negotiated Fee Operation Group % % % % Inspected I NA NA NA NA NA IIA 2% 2% 1% 1% Y IIB 3% 3% 3% 3% Y III 4% 4% 4% 4% Y IV 5% 5% 6% 6% Y Maintenance Groups are further defined by IDOT as follows: Group I. Services purchased without a proposal such as electrical energy or materials purchased from Central Management Services' Joint Purchasing Program (www.purchase.state.il.us) or another joint purchasing program that has been approved by the District BLRS or Central BLRS. Group II-A. Routine maintenance or maintenance items that do not require competitive sealed bids according to Section 12-1.02(a) or a local ordinance/resolution. Group II-B. Routine maintenance items that require competitive sealed bids according to Section 12-1.02(a) or a local ordinance/resolution. Routine maintenance includes all items in the following work categories: snow removal, street sweeping, lighting and traffic signal maintenance, cleaning ditches or drainage structures, tree trimming or removal, mowing, crack - 17 - sealing, pavement marking, shoulder maintenance, limited amounts of CC&G repair, scour mitigation, pavement patching, and minor drainage repairs. Group III. Maintenance items that are not covered by Group IIB and require competitive bidding with a material proposal or a delivery and install proposal. Group IV. Maintenance items that are not covered by Group IIB and require competitive bidding with a contract proposal. Preliminary Engineering (Design) Fees will be based on the Engineer's estimate of Cost at the time the project is let for bid. Engineering Inspection Fees will be based on the awarded construction contract amount. Should the construction contract change by more than 10% between the awarded contract and the final payment, the City and WBK agree to consider adjustments to the Inspection fee based on said increases or decreases. Any changes are specific to the conditions and situations of the construction contract and outside the scope of this agreement. - 18 - 2013 PROPOSED PROJECT COST WITH FEE STRUCTURE Project Testing Maint. Design Construction Material Management Management Project Construction Group Cost Engineering Engineering Testing (5o�of Cost Testing) Base Fee @ $1,250 for 5 sets of bid n/a n/a n/a n/a n/a n/a $6,250 documents Pavement Marking- Paint/ IV $215,000 $10,750 $12,900 n/a n/a $23,650 Epoxy/ Polyurea Traffic Signal -Painting 1113 $35,000 $1,050 $1,050 n/a n/a $2,100 Traffic Signal and Street IIB $35,000 $1,050 n/a n/a n/a $1,050 Light- Material Asphalt- IIB $190,000 $5,700 n/a n/a n/a $5,700 Material Intermittent Resurfacing IV $1,400,000 $70,000 $84,000 $14,000 $700 $168,700 Management _ $207,450 Cost - 19 - 2013 Proposed Construction Elements and Engineering Fees WILLS BURKE KELSEY ASSOCIATES, LTD. Classification Hourly Rate Principal $ 205 Engineer VI $ 196 Engineer V $ 165 Engineer IV $ 140 Engineer III $ 108 Engineer II $ 90 Engineer 1 $ 80 Engineering Technician IV $ 138 Engineering Technician III $ 116 Engineering Technician II $ 97 Engineering Technician 1 $ 81 Senior Structural Engineer $ 155 Senior Soil / Environmental Scientist V $ 151 Soil / Environmental Scientist $ 110 Environmental Resource Specialist IV $ 113 Environmental Resource Specialist III $ 100 Environmental Resource Specialist II $ 81 Environmental Resource Specialist 1 $ 75 Resource Planner V $ 144 Resource Planner IV $ 95 Resource Planner III $ 87 Resource Planner II $ 77 Survey III $ 115 GIS Analyst $ 88 Engineering Intern $ 45 Administrative $ 77 Office Professional $ 62 Direct Costs: Copies & Prints, Messenger& Delivery Services, Mileage, etc. Cost +10% Charges include overhead and profit. - 20 - ATTACHEMENT D IDOT DEFINED MAINTENANCE GROUPS 14-2.04 Maintenance Groups All maintenance operations on the estimate of maintenance costs (BLR 14221 or BLR 1423 1) shall require one of the following group designations. 1. Group I. Services purchased without a proposal such as electrical energy or materials purchased from Central Management Services' Joint Purchasing Program (www.purchase.state.il.us) or another joint purchasing program that has been approved by the District BLRS or Central BLRS. 2. Group II-A. Routine maintenance or maintenance items that do not require competitive sealed bids according to Section 12-1.02(a) or a local ordinance/resolution. 3. Group II-B. Routine maintenance items that require competitive sealed bids according to Section 12-1.02(a) or a local ordinance/resolution. Routine maintenance includes all items in the following work categories: snow removal, street sweeping, lighting and traffic signal maintenance, cleaning ditches or drainage structures, tree trimming or removal, mowing, crack sealing, pavement marking, shoulder maintenance, limited amounts of CC&G repair, scour mitigation, pavement patching, and minor drainage repairs. 4. Group III. Maintenance items that are not covered by Group IIB and require competitive bidding with a material proposal or a delivery and install proposal. 5. Group W. Maintenance items that are not covered by Group IIB and require competitive bidding with a contract proposal. - 21 -