12-19 r , % ,
Resolution 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: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
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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 Cost Design Construction Material Management
Project Engineering Engineering Testing 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
Resurfacing $900,000 $45,000 $54,000 $10,000 $109,000
Neighborhood
Resurfacing $1,700,000 $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.
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5. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress
reports(2B 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.
7. TERM
This Agreement shall become effective as of the date the ENGINEER is given a notice to
proceed and,unless terminated for cause or pursuant to 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
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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 501/1, et seq.), as amended, or the Illinois
Interest Act(815 ILCS 205/1,et seq.),as amended. The parties hereto further agree that any
action by the ENGINEER arising out of this Agreement must be filed within one year of the
date the alleged cause of action arose or the same will be time-barred.The provisions of this
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.
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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,
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marital status or the presence of any sensory,mental or physical handicap. Any violation of
this provision shall be considered a violation of a material provision of this Agreement and
shall be grounds for cancellation, termination or suspension, in whole or in part, of the
Agreement by the CITY.
15. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the successors and
the assigns of the parties hereto; provided, however, that no assignment shall be made
without the prior written consent of the CITY.
16. DELEGATIONS AND SUBCONTRACTORS
Any assignment,delegation or subcontracting shall be subject to all the terms,conditions and
other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with
respect to each and every item,condition and other provision hereof to the same extent that
the ENGINEER would have been obligated if it had done the work itself and no assignment,
delegation or subcontract had been made. Any proposed subcontractor shall require the
CITY's advanced written approval.
17. NO CO-PARTNERSHIP OR AGENCY
This Agreement shall not be construed so as to create a partnership, joint venture,
employment or other agency relationship between the parties hereto.
18. SEVERABILITY
The parties intend and agreed that,if any 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.
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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;
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.
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A copy of the policies shall be provided by ENGINEER to the Department of Human Rights
upon request 775 ILCS 5/2-105.
26. SUBSTANCE ABUSE PROGRAM.
As a condition of this agreement,ENGINEER shall have in place a written substance abuse
prevention program which meets or exceeds the program requirements in the Substance
Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy
shall be provided to the 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
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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 E► 7INEER:
Byi��"'gL�. /11 By:
ity Manager Nam: ' . EM r
Title: i r 7
Attest• 4 '' ,,,''^^
City Clerk
E\legal dept\agreement\engineering agreement-wills burke kelsey-2012 street maintenance.doc
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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 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 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)
la.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.
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
PLUS
Preliminary Engineering Engineering Inspection
Acceptable Negotiated Acceptable Negotiated Operation
Group Fee % Fee % Fee % Fee % Inspected
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 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
. .
ELGIN
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 managinga 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 411)
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
411)
i.[
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.
i Project ! Design Construction Material Management
Project Cost } Engineering IEngineering Testing Cost
(111.4' Base Fee n/a n/a n/a n/a $1,000
Pavement $200,000 $10,000 $12,000 n/a $22,000
Markings
Intermittent
Resurfacing $900,000 $45,000 $54,000 $10,000 $109,000
Neighborhood $1,700,000 ; $85,000 i $102,000 $15,000 ' $202,000
Resurfacing
Street Light $120,000 I $3,600 n/a t n/a $3,600
Material
Asphalt
Material $235,000 $7,050 i n/a n/a $7,050
Estimated Program ` n/a $150,650 $168,000 $25,000 $344,650
Management Cost
r
3
BUDGET IMPACT
441)
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 $174,650
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 .411)
-
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
41)
i-.
4
r
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 411)
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
rk 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)
1 a. Provide re-application or modification of pavement markings on
existing streets and intersections.
1 b.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.
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
411)
2011.5192 City of Elgin 2012 MFT Program Page 4 of 8
•
rik
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
o Revisions to 2012 scope / contract
o Reporting protocol
o Invoicing and pay request reviews
o 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 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
PLUS
Preliminary Engineering Engineering Inspection
Acceptable Negotiated Acceptable Negotiated Operation
Group Fee % Fee % Fee % Fee % Inspected
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.
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 $2,600
Task 2— Program Inspection $24,750
Task 3 — Program Management $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 31st of each calendar year.
r
2011.5192 City of Elgin 2012 MFT Program Page 7 of 8
, n
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:
I
2011.5192 City of Elgin 2012 MFT Program Page 8 of 8