13-34 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:
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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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
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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.
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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
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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.
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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.
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