Loading...
HomeMy WebLinkAbout20-20 Resolution No. 20-20 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HR GREEN, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE 2020 MOTOR FUEL TAX RESURFACING PROGRAM 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 Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with HR Green, Inc., for professional services in connection with the 2020 motor fuel tax resurfacing program, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: February 26, 2020 Adopted: February 26, 2020 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 26th day of February ,20 20 ,by and between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to as"CITY") and HR GREEN, INC., an Iowa corporation, authorized to do business in the State of Illinois; (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the CITY OF ELGIN 2020 MFT RESURFACING PROGRAM (hereinafter referred to as the PROJECT); and WHEREAS,the ENGINEER represents that it 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 of the CITY,herein after referred to as the"DIRECTOR". B. Preliminary Engineering and Engineering Inspection for the PROJECT includes the preparation of the location map, typical sections, construction details, project specifications, construction cost estimates, and all other related work necessary to complete the proposal documents following CITY and Illinois Department of Transportation(IDOT)MFT standards and procedures,construction observation and material inspection to verify conformance with the approved plans and specifications, the IDOT Standard Specifications for Road and Bridge Construction,and the Manual on Uniform Traffic Control Devices for Streets and Highways; latest edition. C. A detailed Scope of Services for the PROJECT is attached hereto as Attachment A, and incorporated into this Agreement by this reference. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder. • Council and IDOT Approval and Notice to Proceed—March 2, 2020 • Preliminary Engineering—April 27,2020 • IDOT Approval of Bid Documents -May 11,2020 • Bid Opening—May 26, 2020 • Construction Contract Approval—June 10, 2020 • Construction Completion Date— October 23, 2020 B. A detailed project schedule for the PROJECT is included as Attachment B,attached hereto, and incorporated into this Agreement by this reference. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C below. C. 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. 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,including but not limited to any copyright 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 A. The CITY shall reimburse the ENGINEER for services under this Agreement a lump sum of One Hundred Fifty Six Thousand Four Hundred and Zero Dollars ($156,400.00), regardless of actual Costs incurred by the ENGINEER unless substantial modifications to the project are authorized in writing by the DIRECTOR, and approved by way of written amendment to this Agreement executed by the parties. 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. - 2 - DATE ESTIMATED % ESTIMATED VALUE OF ESTIMATED COMPLETE WORK COMPLETED INVOICE VALUE 3/31/2020 10% $15,640.00 $15,640.00 4/30/2020 15% $39,100.00 $23,460.00 5/31/2020 5% $46,920.00 $7,820.00 6/30/2020 5% $54,740.00 $7,820.00 7/31/2020 20% $86,020.00 $31,280.00 8/30/2020 20% $117,300.00 $31,280.00 9/30/2020 20% $148,580.00 $31,280.00 10/23/2020 5% $156,400.00 $7,820.00 TOTAL 100% $156,400.00 5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (2C 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. 6. 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 section 4 above. 7. 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 section 6,shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this Agreement is completed. 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. 8. 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 - 3 - 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. 9. 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 section 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 501/1, 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 section shall survive any expiration, completion and/or termination of this Agreement. 10. 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 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,defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this section shall survive any expiration and/or termination of this Agreement. 11. 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. 12. INSURANCE -4 - 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. 13. 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. 14. 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, - 5 - 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. 15. 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. 16. 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. 17. 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. 18. SEVERABILITY The parties intend and agreed that, if any section, sub-section, 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. 19. HEADINGS The headings of the several sections 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. 20. MODIFICATION OR AMENDMENT - 6- 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. 21. 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. 22. 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. 23. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. 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. 25. 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; - 7 - 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). 26. 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 et seq. A copy of such policy shall be provided to the DIRECTOR prior to the entry into and execution of this agreement. 27. 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. 28. 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: B. As to ENGINEER: Ron Rudd Akram Chaudry City Engineer Vice President City of Elgin HR Green, Inc. 150 Dexter Court 420 North Front Street Elgin, Illinois 60120-5555 McHenry, IL 60050 29. 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 legally authorized to work in the United States. ENGINEER shall also at its expense secure all permits and licenses,pay all charges and fees - 8 - 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. 30. EXECUTION This agreement may be executed in counterparts,each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. 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 ENGINEER: By //���i/�� ✓/'/� By: Id'? City Manager Name/Print: AA•Y A-t nl At •st• Title: vita-- P R --r u iitrl T ity Clerk S F:\Legal Dept\Agreement\ENGINEERING AGREEMENT-FORM-clean-10-2-I8.docx - 9- H93 HRGroen.. ATTACHMENT A PROFESSIONAL SERVICES AGREEMENT For City of Elgin 2020 MFT Resurfacing Program Preliminary Engineering and Construction Engineering Services Mike Pubentz City of Elgin 150 Dexter Court Elgin, IL, 60120 847.931.6081 Akram Chaudhry, P.E. Vice President HR Green, Inc. 420 N Front Street McHenry, IL, 60050 HR Green Project Number: 200067 January 28, 2020 Version 2.1 02212019 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE 8.0 TERMS AND CONDITIONS Version2.1 02212019 THIS AGREEMENT is between City of Elgin (hereafter "CLIENT") and HR GREEN, INC. (hereafter"COMPANY"). 1.0 Project Understanding 1.1 General Understanding The project is located on various roadways within the jurisdiction of the CLIENT. The improvement will consist of asphalt pavement resurfacing, pavement patching, curb and gutter replacement, sidewalk and ramp replacement, drainage structure adjustments, and related improvements required to construct the improvements. This contract is based on an approximately$2,000,000 project budget, which includes preliminary engineering, construction observation and construction costs. COMPANY understands that the CLIENT requires Preliminary Engineering and Construction Engineering services for the proposed improvements. The work will include Preliminary Engineering tasks required for the preparation of proposal documents, location map, typical sections, construction details, project specifications, construction cost estimates, and all other related work necessary to complete the proposal documents. Preparation of Preliminary Engineering documents will follow CLIENT and Illinois Department of Transportation (IDOT) MFT standards and procedures. COMPANY will also provide a qualified Construction Engineer to observe and verify that items being constructed and materials being utilized are in general conformance with the approved plans and specifications, the IDOT Standard Specifications for Road and Bridge Construction, and the Manual on Uniform Traffic Control Devices for Streets and Highways; latest edition. 1.2 Design Criteria/Assumptions The engineering and contract documents will be developed according to the applicable requirements within the following design guidelines: a) Bureau of Local Roads and Streets (BLR) Manual; and b) City of Elgin Guidelines, Details, and Standards (as applicable). 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: 2.1 PRELIMINARY ENGINEERING A. Initial Kickoff Meeting COMPANY and the CLIENT will meet to ascertain that the scope of services is clearly defined to maintain the project schedule. B. Roadway Design COMPANY will perform a thorough field evaluation of the streets to be improved. The field evaluation will obtain measurements, define the pavement improvement strategy, and review existing sidewalk ramps for compliance with current ADA standards. Roadway typical sections, location maps, summary of quantities, and construction Version2.1 02212019 details will be developed showing resurfacing limits, sidewalk ramp locations, pavement patching, utility structure adjustments, and curb improvements. COMPANY will analyze the collected pavement core information to determine existing asphalt thickness and overall roadway composition and coordinate with the CLIENT to design a Hot Mix Asphalt(HMA)pavement that meets CLIENT and IDOT standards. C. Special Provisions COMPANY will prepare contract special provisions for the project. The document will include Supplemental, Recurring, BLR, BDE, and project specific special provisions, as necessary. The project specific special provisions will be written to cover any items not covered by the Standard Specifications for Road and Bridge Construction. D. Maintenance of Traffic An analysis of how the proposed improvements will be constructed and the maintenance of traffic and facilities will be discussed with the CLIENT. It is assumed applicable IDOT Highway Standards will be used for traffic control and protection during construction. It is anticipated that construction may require day-time lane closures. Maintenance of traffic specifications and notes will identify and define the allowable contractor operations, and the required traffic control devices will be included in the bidding documents. Construction sequencing procedures will be detailed in the plans and specifications to ensure that temporary access to driveways are provided at the end of each work day. E. Construction Cost Estimates Opinions of probable construction cost will be developed and refined throughout the design process so that the CLIENT has the latest cost estimate. These costs will be determined using pay items and the latest historical unit prices available for the area. F. Bidding Assistance and Recommendation to Award COMPANY will prepare the Computer Data form and schedule the advertisement dates though IDOT District 1 as well as the local newspaper. COMPANY will prepare reproducible plans and bidding documents and respond to questions during the bidding process. At the bid opening, CLIENT will open and read aloud the results of each Contractor's bid and announce an apparent low bidder. COMPANY will be in attendance at the bid opening to assist CLIENT with clarifying bidding information and answer questions. Following the bid opening, COMPANY will examine the bid documents and perform calculation checks of each Contractor to confirm the low bidder and generate bid tabulations. Subsequently, COMPANY will coordinate with the low bidder and obtain the executed Contract and Contract Bond documents from the Contractor. COMPANY will combine and prepare the completed Contract documents and submit to CLIENT for execution and approval from City Council. 2.2 CONSTRUCTION ENGINEERING Version2.1 02212019 A. Contract Progress COMPANY will be on-site on a full-time basis to observe and verify that items being constructed and materials being utilized are in general conformance with the approved plans and specifications and the IDOT Standard Specifications for Road and Bridge Construction. COMPANY will verify that all materials incorporated into this project are IDOT approved and evidence of material inspection is in compliance with the Project Procedures Guide and Special Provisions of this contract. COMPANY shall keep the CLIENT informed as to the progress of construction. COMPANY will complete Inspector's Daily Reports (IDR), a daily diary and keep the CLIENT informed as to the progress of construction. B. Partial and Final Payment Estimates, Punchlist and Project Closeout COMPANY will measure and document contract quantities, complete payment estimates, and change orders. COMPANY will verify that all materials incorporated into the project are IDOT approved materials and are in accordance with the Special Provisions of this contract. COMPANY will prepare for approval all change orders and pay estimates following IDOT standards and procedures. Once substantial completion of the work has been completed by the contractor, COMPANY, along with CLIENT,will review the project on site and produce a punchlist. The punchlist will be submitted to the contractor and will contain a detailed list of ancillary work that needs to be addressed before final acceptance of the project. The list is typically comprised of clean-up work, minor repairs and incidental features. Project Closeout includes the preparation of final job records. All quantity measurements and calculations will be checked and cross referenced, evidence of material inspection will be finalized, and field books and records will be indexed and boxed for final submittal. COMPANY will prepare final change orders and final pay estimates for approval and coordinate with IDOT to finalize project closeout. In addition, the final report and maintenance expenditure statement as required for IDOT documentation will be prepared and submitted to the CLIENT and IDOT for finalizing the authorized MFT funding and the subsequent section close out. C. Project Administration, Coordination and Meetings Project Administration and Coordination will involve the management oversight of the project which will include the on-going review of the project execution, documentation, schedule and budget, contract file management, and general correspondence between COMPANY, the CLIENT, and the general contractor. Project coordination work will include: 1. The scheduling of an initial preconstruction meeting with the CLIENT and the Contractor to review the overall project and scope of work to ensure that the goals and objectives of the CLIENT will be satisfied. 2. Project documentation is also critical to project success. COMPANY will prepare/distribute meeting minutes of all meetings attended which will detail the discussions of attendees along with the action required of the attendees. Version2.1 02212019 3.0 Deliverables and Schedules Included in this Agreement COMPANY will provide the following deliverables to the CLIENT and IDOT for review and approval: • 2020 MFT Resurfacing Program Contract Proposal Booklet for Bidding A detailed project schedule is provided as Attachment B. This schedule was prepared to include reasonable allowances for review and approval times required by the CLIENT and public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by the CLIENT or for delays or other causes beyond the control of COMPANY. 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this AGREEMENT: 1. Topographic survey; 2. Environmental permitting /coordination; Supplemental services not included in the AGREEMENT can be provided by COMPANY under separate AGREEMENT, if desired. 5.0 Services by Others COMPANY will engage a sub consultant to extract pavement cores for review of the existing pavement section during the preliminary engineering phase and to perform material testing services during the construction phase for quality assurance verification and testing of the hot-mix asphalt resurfacing items including sidewalk and curb and gutter for the project. 6.0 Client Responsibilities No additional CLIENT responsibilities are anticipated for the project. 7.0 Professional Services Fee 7.1 Invoices Invoices for COMPANY's services shall be submitted, on a monthly basis. Invoices shall be due and payable within 30 days upon receipt. 7.2 Extra Services Any service required but not included as part of this AGREEMENT shall be considered extra services. Extra services will be billed on a Time and Material basis with prior approval of the CLIENT. Version2.1 02212019 7.3 Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the AGREEMENT. These service items are considered extra and are billed separately on an hourly basis. 7.4 Payment The CLIENT AGREES to pay COMPANY on the following basis, as per detailed in IDOT Form BLR 05520 (Maintenance Engineering to be Performed by a Consulting Engineer): Fees calculated based on estimated construction cost of$1,840,000: Preliminary Engineering (2.5%): $46,000 Construction Engineerinq (6.0%): $110,400 TOTAL: $156,400 Version2.1 02212019 ATTACHMENT B — SCHEDULE Council Approval — February 26, 2020 IDOT Approval and Notice to Proceed — March 2, 2020 Bid Documents and EOPC —April 27, 2020 Bid Documents Approval — May 11, 2020 Bid Opening— May 26, 2020 Council Approval of Construction Contract— June 10, 2020 IDOT Approval of Construction Contract— June 12, 2020 Construction Completion Date — October 23, 2020