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HomeMy WebLinkAbout12-10Resolution No. 12 -19 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WILLS, BURKE, KELSEY ASSOCIATES, LTD. FOR PROGRAM MANAGEMENT SERVICES FOR THE 2012 STREET MAINTENANCE 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 Sean R. Stegall, 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 Wills, Burke, Kelsey Associates, Ltd. for program management services for the 2012 Street Maintenance 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 8, 2012 Adopted: February 8, 2012 Omnibus Vote: Yeas: 6 Nays: Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 8th day of February, 2012, 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 (hereinafter referred to as "ENGINEER "). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with services for the City of Elgin's 2012 Street Maintenance 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. ENGINEER shall provide design engineering, construction engineering, material testing and management services for the PROJECT as outlined in the ENGINEER's proposal dated December 16, 2011, a copy of which is attached hereto and made a part hereof as Attachment A. 2, TERM AND PROGRESS REPORTS A. This Agreement shall commence upon the entry into this Agreement by the parties hereto and is to continue for a period of one (1) year thereafter. B. The ENGINEER will submit to the DIRECTOR monthly a status report keyed to the project schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. 3. WORK PRODUCT 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. For the 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 $344,650 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 2012 program costs and the resulting estimated fees to be paid to the ENGINEER pursuant to this Agreement. Project Project Cost Design Engineering Construction Engineering Material Testing Management Cost Base Fee n/a n/a n/a n/a $1,000 Pavement Markings $200,000 $10,000 $12,000 n/a $22,000 Intermittent ResurfacirlS $90000 $45,000 $54,000 $10,000 $109,000 Neighborhood Resurfacing $1,70000 $85,000 $102,000 $15,000 $202,000 Street Light Material $120,000 $3,600 n/a n/a $3,600 Asphalt Material $235,000 $7,050 n/a n/a $7,050 Estimated Program Management Cost n/a $150,650 $168,000 $25,000 $344,650 B. The City shall make periodic payments to the ENGINEER based upon actual progress within thirty (30) days after receipt and approval of an 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. -2- 5. 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. 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 Paragraph 4 above. 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 5, 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 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 -3- 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 ILLS 50111, et seq.), as amended, or the Illinois Interest Act (815 ILLS 205/1, et seg.), 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. 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 paragraph 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 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 Certificate of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. -4- 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, 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, -5- 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 CI'fY'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 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. 19. 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. 20. 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. -6- 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; directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6 -101 of the Human Rights Act. 7- A copy of the policies shall be provided by ENGINEER to the Department of Human Rights upon request 775 ILLS 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 City's Assistant City Manager 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: Joseph Evers City Engineer City of Elgin 150 Dexter Court Elgin, Illinois 60120 -5555 B. As to ENGINEER: Greg Chismark Executive Vice President Wills Burke Kelsey and Associates, Ltd. 116 West Main Street, Suite 201 St. Charles, Illinois 60174 29. COMPLIANCE WITH LAWS Notwithstanding any other provision of this CONTRACT it is expressly agreed and understood that in connection with the performance of this CONTRACT that the CONTRACTOR shall comply with all applicable Federal, State, City and other requirements of law, including, but not -8- limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, CONTRACTOR hereby certifies, represents and warrants to the CITY that all CONTRACTOR'S employees and/or agents who will be providing products and /or services with respect to this CONTRACT shall be legal residents of the United States. CONTRACTOR 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 CONTRACT. The CITY shall have the right to audit any records in the possession or control of the CONTRACTOR to determine CONTRACTOR'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the CONTRACTOR shall make available to the CITY the CONTRACTOR'S relevant records at no cost to the CITY. CONTRACTOR shall pay any and all costs associated with any such audit. 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 Attest* City Clerk f:Alegal deptvagreementlengineering agreement -wills burke kelsey -2012 street maintenance.doe -9- ATTACHMENT A SCOPE OF SERVICES December 16, 2011 Mr. Dave Lawry P.E. City of Elgin 150 Dexter Court Elgin, IL 60120 Subject: Proposal for Professional City of Elgin 2012 MFT (WBK No. 11 -0222) Dear Mr. Ault, Engineering & Program Management Services / Street Resurfacing Program & Mowing Contract Wills Burke Kelsey Associates, Ltd. ( "WBK ") is pleased to provide this proposal for Professional Engineering & Program Management Services related to the City of Elgin 2012 MFT / Street Resurfacing Program and 2012 Mowing Contract. Over the last two years WBK has developed pavement maintenance data sets in an effort to establish a programmatic approach to long range pavement maintenance needs. Additionally, we have coordinated with IDOT and modified the elements of the City's program to maximize flexibility of the use of MFT funds. We have also been in discussions with various City of Elgin staff of how best to manage the current City mowing contract. Preparing this proposal requires the exercise of professional engineering judgment, and as such, this proposal remains the proprietary instrument of service of the firm Wills Burke Kelsey Associates. No portion of this proposal may be shared with another firm providing similar services. Included in our proposal is our Understanding of the Assignment, Scope of Services, Estimate of Fee, General Terms and Conditions, and Schedule of Charges. UNDERSTANDING OF THE ASSIGNMENT Wills Burke Kelsey Associates, Ltd. has successfully completed the "design" and "construction" aspects of the City of Elgin 2010 & 2011 MFT programs. The 2012 Program is understood to be the third year of a three year selection and agreement with the City of Elgin with the addition of the Neighborhood Street resurfacing program. The City's program has continued to develop and generally consists of several contracts and projects, which are based on prior year evaluations and observations. We will work with City staff to develop the most effective street maintenance program that achieves the City's goals. We will continue to look for cost effectiveness and value improvements related to roadway maintenance elements. The primary element of the program continues to be the grind and overlay asphalt contract. Additionally, WBK has explored the concept of program management relative to the existing City mowing contract. We understand the current Park and Open space contract encompasses approximately 151 acres over 187 parcels and is valued at approximately $230,000. The City has been pleased with the performance of the current contractor and intends to extend the contract for another year. The City has established various levels of maintenance and attention and will define the expectations for the 2012 contract. Due to budget constraints the City expects to reduce the extent and frequency of maintenance. The City also has a mowing contract for Water facility properties and would like WBK to oversee mowing of these properties as well. This contract is estimated at $50,000 annually. Finally, the City is seeking assistance with management of the herbicide contract. This contract has a value between $26,000 and $30,000 and includes two classes of properties requiring 5 applications or 3 applications per year. It also includes a crack and crevice program for management of ROW and medians. SCOPE OF SERVICES Wills Burke Kelsey Associates (WBK) will provide the following described services for the City of Elgin with respect to the 2012 Motor Fuel Tax & Street Resurfacing Maintenance Program: 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 MFT maintenance resolution, MFT 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 2011.5192 City of Elgin 2012 MFT Program Page 2 of 8 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. The MFT / Street Resurfacing Program may include the following contracts / projects: 1. Pavement Striping — Paint & Epoxy (Group IV) 1a. Provide re- application or modification of pavement markings on existing streets and intersections. 1b. WBK will field identify and evaluate existing pavement paint locations and conditions. 1c. Include IDOT routes as a priority. 1d. Evaluate the 2010 application of epoxy pavement markings and 2011 application of poly -urea pavement markings. 2. Traffic Signal Painting (Group IV) 2a. Coordinate the painting of traffic signal poles at various intersections throughout the City (Approximately 15 to 20 intersections). 2b. WBK will field identify existing traffic signal locations and evaluate existing traffic signal pole paint conditions. 2c. Include traffic signals on IDOT routes but not on Kane County routes. 2d. Evaluate decorative street lights and bridge railing in the downtown area. 2e. Update the Signal Maintenance spreadsheet based on the recommended annual program. 3. Traffic and Street Light Material Only Bid (Group IIB) 3a. Coordinate with City staff on the need and inventory of street light and traffic signal materials. 3b. Prepare a bid package for the purchase of various traffic signal and street light materials. 4. Asphalt Material Bid (Group 1113) 4a. Coordinate with City staff on the material and quantity of bituminous pavement patching materials. 4b. Prepare a bid package for asphalt material bid (Hot Mix and UPM). 5. Concrete Material Bid (Group IIB) 5a. Coordinate with City staff on the material and quantity of concrete pavement patching materials. 2011.5192 City of Elgin 2012 MFT Program Page 3 of 8 5b. Prepare a bid package for concrete materials for patching pavements and curb. 6. Traffic Signal Maintenance (Group IIB) 6a. Coordinate with City staff on the scope of traffic signal maintenance and performance measures to be included in the contract. 6b. Prepare a bid package for 2012 as a three year maintenance contract for the referenced work. 6c. Traffic signal maintenance will not be performed on IDOT Routes. 7. Intermittent Street Resurfacing (Group IV) 7a. Provide a non - structural mill and overlay and other related minor repairs of existing streets. 7b. 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. WBK will provide a preliminary cost estimate and assist the City in selecting a program that fits with the current City budget. 7c. 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. 7d. 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. 7e. Pavement patching quantities will be included in the contract documents. Contract quantities for patching will be based upon a nominal quantity based on field inspection and typically no more than 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. 7f. Crack sealing is not included in the scope of work and will not be included in the contract documents. 7g. 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. Neighborhood Street Resurfacing (Group IV) 8a. Provide a non - structural mill and overlay and other related minor repairs of existing streets. 8b. 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 2011.5192 City of Elgin 2012 MFT Program Page 4 of 8 pavement evaluation program. WBK will provide a preliminary cost estimate and assist the City in selecting a program that fits with the current City budget. 8c. 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. 8d. 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. 8e. Pavement patching quantities will be included in the contract documents. Contract quantities for patching will be based upon a nominal quantity based on field inspection and typically no more than 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. 8f. Crack sealing is not included in the scope of work and will not be included in the contract documents. 8g. 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. 9. Miscellaneous Duties and Programs Group IIB or IV) 9a. 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. 9b. Prepare bid documents as required to accomplish the goals of the program. 2011.5192 City of Elgin 2012 MFT Program Page 5 of 8 SUPPLEMENTAL SERVICES Engineering and surveying services which have not been included in the above detailed scope of work, are usually referred to as "Supplemental Services." If, during the engineering and permitting process, it becomes apparent that additional services will be required, or if major changes in the scope of work are made by you or any regulatory agency or municipality, upon your request, we shall perform or obtain from others such services. WBK will be paid for such services on an hourly basis, or based on subsequent proposal /contract agreements, at the option of Client. Tasks considered as Supplemental Services include, but are not limited to, major changes to the scope of work, expert witness testimony in any litigation or other court proceedings involving this project, revisions to previously approved studies and /or design documents, major revisions to the site plan or building footprints, unanticipated improvements (on or off site), structural design, mechanical design, studies or reports not specifically listed under the Scope of Basic Services, bidding documents, bid assistance, contract writing or administration, review of payment applications, meetings or technical assistance during construction, letter of credit reduction services, punch list generation or review, preparation of any plats or record drawings not specifically listed under the Scope of Basic Services, design of buildings, landscaping, lighting, etc., and construction staking or re- staking not specifically listed in the Scope of Basic Services. 2011.5192 City of Elgin 2012 MFT Program Page 6 of 8 SCHEDULE OF FEES 2012 Motor Fuel Tax & Street Resurfacing Maintenance Program Not to exceed fee schedule is as follows: Total of the Maintenance Operation Base Fee > $15.000 $1.000.00 I PLUS 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. 2011.5192 City of Elgin 2012 MET Program Page 7 of 8 Prelimina En 3ineering Engineering Inspection Acceptable Fee % Negotiated Fee % Acceptable Fee % Negotiated Fee % Operation Inspected -Group I NA NA NA NA NA IIA 2% 2% NA NA NA IIB 3% 3% 3% 3% Y III 4% 4% 4% 4% Y IV 5% 5% 6% 6% Y 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. 2011.5192 City of Elgin 2012 MET Program Page 7 of 8 TERM OF AGREEMENT Due to the nature of the pavement maintenance work and the understanding of City infrastructure and internal processes, it is determined to be in the best interest of the City and the consultant to engage in a multi -year contract. The initial terms of service and length of contract shall be one year with the option for the City to extend the contract with two additional one year increments. The City reserves the right to evaluate WBK's performance on an annual basis and amend this contract relative to scope and fee as determined to be in the best interest of the City. That include expansion of the scope or cancelling the contract altogether. If this proposal is acceptable, please sign both copies and return one (1) to us for our files to serve as a notice to proceed. Thank you for the opportunity to provide service to the City of Elgin. If you have any questions, please do not hesitate to call. Sincerely, Greg Chismark P.E. Executive Vice President Cc: Dan Ault Dan Rich Jim Bell Encl: Schedule of Charges (2011) General Terms and Conditions (September 30, 2010) THIS PROPOSAL, SCHEDULE OF CHARGES, AND GENERAL TERMS & CONDITIONS ACCEPTED FOR THE CITY OF ELGIN: BY: TITLE: DATE: 2011.5192 City of Elgin 2012 MFT Program THE CITY IN THE SUBURBS` AGENDA ITEM: F MEETING DATE: January 25, 2012 ITEM: Road Maintenance Program Management Services with Wills Burke Kelsey and Associates ($344,650) OBJECTIVE: Effectively manage maintenance programs. RECOMMENDATION: Approve the agreement with Wills Burke Kelsey and Associates for Program Management Ser- vices in the amount of $344,650. BACKGROUND Contracted maintenance programs can be managed two ways: 1. By city staff exclusively; and 2. By a consultant with staff liaisons. One example of the consultant staff liaison model is the administration of the road mainte- nance program (MFT). This program includes projects such as the citywide striping and inter- mittent resurfacing. An example of the staff exclusively model is the neighborhood resurfacing program. The program was managed entirely by the engineering department and requires the attention of one engineer and full commitment of one engineering inspector. MFT Program Management In 2010, Wills Burke Kelsey and Associates (WBK) began to provide engineering services for MFT programs, with WBK managing 'a number of bulk material purchases and road projects. In 2011, the administration of the MFT program was restructured with the majority of the MFT alloca- tion being transferred to the general fund. This transfer is justified by providing the annual resolution and year end expenditure statements to the Illinois Department of Transportation (IDOT). Most of WBK's work has been focused on managing contracted road maintenance projects with WBK performing at high level on each project. Some examples of the work performed by WBK since 2010 are listed below: 1 Resurfacing • Bluff City Boulevard • North McLean Boulevard Century Oaks East • Williamsburg subdivision • Highland Springs and Robin Ridge • Ramona Drive • Fire Station Lots 1 and 5 Other Projects • Pavement Striping - Citywide • National Street Bridge Painting • Streetlight and traffic signal painting • MFT Program Audit Coordination OPERATIONAL ANALYSIS Staff is proposing to expand WBK's scope to include more contracted road maintenance pro- jects with the goal of centralizing management. In this new model, the consultant is not just a project manager for a few road projects, but they are a road maintenance program manager. This approach provides several benefits: (1) eliminates duplication of work; (2) reduces the amount of staff time devoted to contracted projects; (3) frees staff to focus on other capital and maintenance projects; and (4) provides for enhanced documentation. One example of the enhanced documentation benefit is that the contracted work will be captured in GIS layers and thus will improve program evaluation capabilities. There are other benefits to the program management model in that it helps to reduce program. conflicts and helps insure that they complement each other. An example of this is with the re- surfacing and striping programs. Historically, restriping of resurfaced streets was included in the resurfacing proposal. Starting in 2010, the MFT resurfacing restriping was included in the citywide bid which saves money and prevents work from being completed twice. This strategy could not be deployed without a program management model. The maintenance programs included at this time are listed below. • Pavement Striping • Asphalt Material Bid • Streetlight Material Bid • Intermittent Street Resurfacing • Neighborhood Street Resurfacing $ _s 2 INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The program management service fees are based on the state mandated fee schedule for MFT engineering services. Because most of the MFT allocation is transferred to the general fund to offset in -house projects, the city is not required to use the state standard fee schedule. Howev- er, staff believes it is still a best practice to use the state's fee schedule for a couple of reasons. First, it is a generally accepted standard and virtually every local government in the state uses this fee structure for comparable work. Secondly, the fee standard insures that both parties understand what the total cost is from the start of the project which protects the city from the consultant increasing billable items during construction. The fee is based on size and type of project being managed. Lastly, the consultant only gets paid if the city chooses to have them oversee a program. The table below is an estimate of the 2012 program management costs. 3 Project Design Construction Material Management Project Cost Engineering ! Engineering Testing Cost T FBase Fee n/a n/a n/a n/a $1,000 Pavement $200,000 $10,000 $12,000 n/a $22,000 Markings Intermittent $900,000 $45,000 $54,000 $101000 $109,000 Resurfacing Neighborhood ' $1,700,000 $85,000 $102,000 $15,000 $202,000 Resurfacing Street Light $120,000: $3,600 i n/a i n/a $3,600 Material Asphalt $235,000 $7,050 n/a n/a $7,050 Material Estimated Program n/a $150,650 $168,000 $25,000 ! $344,650 Management Cost 3 BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT AMOUNT AMOUNT #(S) BUDGETED AVAILABLE MFT 290- 0000 - 791.41 -10 N/A $170,000 $170,000 Capital Improvement 385- 0000 - 791.30 -03 N/A $174,650 $1741650 LEGAL IMPACT The proposed agreement is an exception to the procurement ordinance and requires the ap- proval of two- thirds of the city council. ALTERNATIVES The city council may reject the agreement with WBK. This would leave several options: 1. The status quo. The neighborhood resurfacing program would be managed in house with all other road maintenance programs to be managed by a WBK. Managing the neighborhood resurfacing program in house requires the attention of an engineering inspector and engineer. 2. All in house. This would require that all road maintenance programs are man- aged using in house resources. Currently, the engineering department is not staffed to effec- tively manage these programs in house. Engineers and engineering inspectors would have to be pulled off of other projects to manage the road maintenance program. NEXT STEPS Execute the subject agreement with WBK. Originators: Dan Ault, Management Analyst Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel /Chief Development Officer Richard G. Kozal, Assistant City Manager /Chief Operating Officer Sean R. Stegall, City Manager ATTACHMENTS A. Agreement with WBK � 4 4 December 16, 2011 Mr. Dave Lawry P.E. City of Elgin 150 Dexter Court Elgin, IL 60120 Subject: Proposal for Professional Engineering & Program Management Services City of Elgin 2012 MFT / Street Resurfacing Program & Mowing Contract (WBK No. 11 -0222) Dear Mr. Ault, Wills Burke Kelsey Associates, Ltd. ( "WBK ") is pleased to provide this proposal for Professional Engineering & Program Management Services related to the City of Elgin 2012 MFT / Street Resurfacing Program and 2012 Mowing Contract. Over the last two years WBK has developed pavement maintenance data sets in an effort to establish a programmatic approach to long range pavement maintenance needs. Additionally, we have coordinated with IDOT and modified the elements of the City's program to maximize flexibility of the use of MFT funds. We have also been in discussions with various City of Elgin staff of how best to manage the current City mowing contract. Preparing this proposal requires the exercise of professional engineering judgment, and as such, this proposal remains the proprietary instrument of service of the firm Wills Burke Kelsey Associates. No portion of this proposal may be shared with another firm providing similar services. Included in our proposal is our Understanding of the Assignment, Scope of Services, Estimate of Fee, General Terms and Conditions, and Schedule of Charges. UNDERSTANDING OF THE ASSIGNMENT Wills Burke Kelsey Associates, Ltd. has successfully completed the "design" and "construction" aspects of the City of Elgin 2010 & 2011 MFT programs. The 2012 Program is understood to be the third year of a three year selection and agreement with the City of Elgin with the addition of the Neighborhood Street resurfacing program. The City's program has continued to develop and generally consists of several contracts and projects, which are based on prior year evaluations and observations. We will work with City staff to develop the most effective street maintenance program that achieves the City's goals. We will continue to look for cost effectiveness and value improvements related to roadway maintenance elements. The primary element of the program continues to be the grind and overlay asphalt contract. Additionally, WBK has explored the concept of program management relative to the existing City mowing contract. We understand the current Park and Open space contract encompasses approximately 151 acres over 187 parcels and is valued at approximately $230,000. The City has been pleased with the performance of the current contractor and intends to extend the contract for another year. The City has established various levels of maintenance and attention and will define the expectations for the 2012 contract. Due to budget constraints the City expects to reduce the extent and frequency of maintenance. The City also has a mowing contract for Water facility properties and would like WBK to oversee mowing of these properties as well. This contract is estimated at $50,000 annually. Finally, the City is seeking assistance with management of the herbicide contract. This contract has a value between $26,000 and $30,000 and includes two classes of properties requiring 5 applications or 3 applications per year. It also includes a crack and crevice program for management of ROW and medians. SCOPE OF SERVICES Wills Burke Kelsey Associates (WBK) will provide the following described services for the City of Elgin with respect to the 2012 Motor Fuel Tax & Street Resurfacing Maintenance Program: 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 MFT maintenance resolution, MFT 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 [DOT 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 2011.5192 City of Elgin 2012 MFT Program Page 2 of 8 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. The MFT / Street Resurfacing Program may include the following contracts / projects: 1. Pavement Striping — Paint & Epoxy (Group IV) 1a. Provide re- application or modification of pavement markings on existing streets and intersections. 1b. WBK will field identify and evaluate existing pavement paint locations and conditions. 1c. Include IDOT routes as a priority. 1d. Evaluate the 2010 application of epoxy pavement markings and 2011 application of poly -urea pavement markings. 2. Traffic Signal Painting (Group IV) 2a. Coordinate the painting of traffic signal poles at various intersections throughout the City (Approximately 15 to 20 intersections). 2b. WBK will field identify existing traffic signal locations and evaluate existing traffic signal pole paint conditions. 2c. Include traffic signals on IDOT routes but not on Kane County routes. 2d. Evaluate decorative street lights and bridge railing in the downtown area. 2e. Update the Signal Maintenance spreadsheet based on the recommended annual program. 3. Traffic and Street Light Material Only Bid (Group IIB) 3a. Coordinate with City staff on the need and inventory of street light and traffic signal materials. 3b. Prepare a bid package for the purchase of various traffic signal and street light materials. 4. Asphalt Material Bid (Group IIB) 4a. Coordinate with City staff on the material and quantity of bituminous pavement patching materials. 41b. Prepare a bid package for asphalt material bid (Hot Mix and UPM). 5. Concrete Material Bid (Group IIB) 5a. Coordinate with City staff on the material and quantity of concrete pavement patching materials. 2011.5192. City of Elgin 2012 MFT Program Page 3 of 8 5b. Prepare a bid package for concrete materials for patching pavements and curb. 6. Traffic Signal Maintenance (Group 116) 6a. Coordinate with City staff on the scope of traffic signal maintenance and performance measures to be included in the contract. 6b. Prepare a bid package for 2012 as a three year maintenance contract for the referenced work. 6c. Traffic signal maintenance will not be performed on IDOT Routes. 7. Intermittent Street Resurfacing (Group IV) 7a. Provide a non - structural mill and overlay and other related minor a list of repairs of existing streets. 71b. The City of Elgin will provide WBK with a list of streets to be included in street the street resurfacing program based upon a previously completed upon pavement evaluation program. WBK will provide a preliminary cost completed estimate and assist the City in selecting a program that fits with the current City budget. 7c. 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. 7d. 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. 7e. Pavement patching quantities will be included in the contract documents. Contract quantities for patching will be based upon a nominal quantity based on field inspection and typically no more than 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. 7f. Crack sealing is not included in the scope of work and will not be included in the contract documents. 7g. 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. Neighborhood Street Resurfacing (Group IV) 8a. Provide a non - structural mill and overlay and other related minor repairs of existing streets. 8b. 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 2011.5192 City of Elgin 2012 MFT Program Page 4 of 8 pavement evaluation program. WBK will provide a preliminary cost estimate and assist the City in selecting a program that fits with the current City budget. 8c. 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. 8d. 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. 8e. Pavement patching quantities will be included in the contract documents. Contract quantities for patching will be based upon a nominal quantity based on field inspection and typically no more than 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. 8f. Crack sealing is not included in the scope of work and will not be included in the contract documents. 8g. 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. 9. Miscellaneous Duties and Programs Group IIB or IV) 9a. 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. 9b. Prepare bid documents as required to accomplish the goals of the program. Wills Burke Kelsey Associates (WBK) will provide the following described services for program management of the City of Elgin Park and Open Space Mowing Contract, Water Facility Mowing Contract and Herbicide Contract: 1. PRE - SEASON MANAGEMNT shall include: • Review of existing mowing and herbicide contracts and scope documents. • Review of levels of services as well as property locations (lists and maps). • Meeting or discussions with contractors regarding • Revisions to 2012 scope / contract • Reporting protocol • Invoicing and pay request reviews • Change orders 2011.5192 City of Elgin 2012 MFT Program Page 5 of 8 Establishing communication protocol with City staff (i.e. weekly reporting, compliant initiation and follow up, etc.) 2. PROGRAM INSPECTION shall include: • Providing weekly field inspection • Checking contractor performance in accordance with contract documents. • Identifying and reporting deficiencies • Directing and inspecting scope changes (change orders) including documentation. 3. PROGRAM MANAGEMENT shall include: • Providing weekly e-mail reports on calls or contractor issues. • Review and recommendations on pay requests. • Mid - season report on contractor performance including any program changes to reduce overall contract cost. • Post season report and recommendations for the 2013 contract with a goal to reduce overall contract cost. SUPPLEMENTAL SERVICES Engineering and surveying services which have not been included in the above detailed scope of work, are usually referred to as "Supplemental Services." If, during the engineering and permitting process, it becomes apparent that additional services will be required, or if major changes in the scope of work are made by you or any regulatory agency or municipality, upon yourrequest, we shall perform or obtain from others such services. WBK will be paid for such services on an hourly basis, or based on subsequent proposal /contract agreements, at the option of Client. Tasks considered as Supplemental Services include, but are not limited to, major changes to the scope of work, expert witness testimony in any litigation or other court proceedings involving this project, revisions to previously approved studies and /or design documents, major revisions to the site plan or building footprints, unanticipated improvements (on or off site), structural design, mechanical design, studies or reports not specifically listed under the Scope of Basic Services, bidding documents, bid assistance, contract writing or administration, review of payment applications, meetings or technical assistance during construction, letter of credit reduction services, punch list generation or review, preparation of any plats or record drawings not specifically listed under the Scope of Basic Services, design of buildings, landscaping, lighting, etc., and construction staking or re- staking not specifically listed in the Scope of Basic Services. 2011.5192 City of Elgin 2012 MFT Program - Page 6 of 8 SCHEDULE OF FEES 2012 Motor Fuel Tax & Street Resurfacing Maintenance Program Not to exceed fee schedule is as follows: Total of the Maintenance Operation Base Fee > $15,000 $1,000.00 PLUS 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. Program Management of the City of Elgin Park and Open Space Mowing Contract, Water Facility Mowing Contract and Herbicide Contract: Task 1 — Pre - Season Management Task 2 — Program Inspection Task 3 — Program Management $2,600 $24,750 $5,800 We propose to bill you on an hourly basis up to the not to exceed percentage noted above. Our rates will be based on the attached Schedule of Charges. We establish our contract in accordance with the attached General Terms and Conditions. These General Terms and Conditions are expressly incorporated into and are made an integral part of this contract for professional services. We reserve the right to increase our fees by five percent (5 %) on December 31" of each calendar year. 2011.5192 City of Elgin 2012 MFT Program Page 7 of 8 Preliminary Engineering Engineering Inspection Group Acceptable Fee % Negotiated Fee % Acceptable Fee % Negotiated Fee % Operation Inspected I NA NA NA NA NA IIA 2% 2% NA NA IIB 3% 3% j4% 3% Y III 4% 4% 4% Y IV 5% 5% 6% Y 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. Program Management of the City of Elgin Park and Open Space Mowing Contract, Water Facility Mowing Contract and Herbicide Contract: Task 1 — Pre - Season Management Task 2 — Program Inspection Task 3 — Program Management $2,600 $24,750 $5,800 We propose to bill you on an hourly basis up to the not to exceed percentage noted above. Our rates will be based on the attached Schedule of Charges. We establish our contract in accordance with the attached General Terms and Conditions. These General Terms and Conditions are expressly incorporated into and are made an integral part of this contract for professional services. We reserve the right to increase our fees by five percent (5 %) on December 31" of each calendar year. 2011.5192 City of Elgin 2012 MFT Program Page 7 of 8 TERM OF AGREEMENT Due to the nature of the pavement maintenance work and the understanding of City infrastructure and internal processes, it is determined to be in the best interest of the City and the consultant to engage in a multi -year contract. The initial terms of service and length of contract shall be one year with the option for the City to extend the contract with two additional one year increments. The City reserves the right to evaluate WBK's performance on an annual basis and amend this contract relative to scope and fee as determined to be in the best interest of the City. That include expansion of the scope or cancelling the contract altogether. If this proposal is acceptable, please sign both copies and return one (1) to us for our files to serve as a notice to proceed. Thank you for the opportunity to provide service to the City of Elgin. If you have any questions, please do not hesitate to call. Sincerely, Greg Chismark P.E. Executive Vice President Cc: Dan Ault Dan Rich Jim Bell Encl: Schedule of Charges (2011) General Terms and Conditions (September 30, 2010) THIS PROPOSAL, SCHEDULE OF CHARGES, AND GENERAL TERMS & CONDITIONS ACCEPTED FOR THE CITY OF ELGIN: BY: TITLE: DATE: 2011.5192 City of Elgin 2012 MFT Program Page 8 of 8