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HomeMy WebLinkAbout13-84 Resolution No. 13-84 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH CHRISTOPHER B. BURKE ENGINEERING, LTD FOR ENGINEERING SERVICES IN CONNECTION WITH THE 2013 NEIGHBORHOOD RESURFACING PROGRAM BE IT 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 agreement on behalf of the City of Elgin with Christopher B.Burke Engineering, Ltd. for engineering services in connection with the 2013 Neighborhood Resurfacing Program, a copy of which is attached hereto and made a part hereof by reference. David J. Kaptain, Mayor Presented: May 8, 2013 Adopted: Vote: Yeas Nays: Recorded: Attest: Kimberly A. Dewis, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 8th day of May , 2013, by and between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to as"CITY") and Christopher B. Burke Engineering, Ltd. (hereinafter referred to as"ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the 2013 Neighborhood Resurfacing Program(hereinafter referred to as the PROJECT); and WHEREAS, the ENGINEER represents that he is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW,THEREFORE, it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and covenants contained herein,the sufficiency of which is hereby acknowledged to act for and represent it in the engineering matters involved in the PROJECT as described herein,subject to the following terms and conditions and stipulations, to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Public Works of the CITY, herein after referred to as the"DIRECTOR". B. The ENGINEER shall furnish professional engineering services for the PROJECT as outlined herein and as detailed in Attachment A. C. A detailed Scope of Services is attached hereto as Attachment A. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder. B. A detailed project schedule for the Project is included as Attachment B, attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C below. C. The ENGINEER will submit to the DIRECTOR monthly a status report keyed to the project schedule. A brief narrative will be provided identifying progress,findings and outstanding issues. 3. WORK PRODUCTS All work product prepared by the ENGINEER pursuant hereto including,but not limited to, reports, plans, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR; provided, however, that the ENGINEER may retain copies of such work product for its records. ENGINEER'S execution of this Agreement shall . constitute ENGINEER'S conveyance and assignment of all right,title and interest, including but not limited to any copyright interest, by the ENGINEER to the CITY of all such work product prepared by the ENGINEER pursuant to this Agreement. The CITY shall have the right either on its own or through such other engineers as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shal I be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project,and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. 4. PAYMENTS TO THE ENGINEER(Not To Exceed Method) A. For services provided the ENGINEER shall be paid at the hourly rate for the classifications of personnel who perform work on this PROJECT,with the total fee not to exceed $83,074.00 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the DIRECTOR. B. For outside services provided by other firms or subconsultants,the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus 0%. C. All costs are included in the not to exceed fee including direct costs and the work to be performed by Testing Service Corporation for the amount of$15,950.00 (see Attachment D). D. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. DATE % COMPLETE EST.INVOICE VALUE March 1 20% $16,600 April 1 50% $25,000 May 1 75% $20,800 June 1 90% $12,500 July 1 100% $8,174 5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (2C above) will be included with all payment requests. - 2 - B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shal l perm it 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 shal I 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 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 - 3 - commenced by the ENGINEER against the CITY for monetary damages. ENGINEER hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the Local Government Prompt Payment Act (50 ILCS 50111, et seq.), as amended, or the Illinois Interest Act(815 ILCS 205/1,et seq.),as amended. The parties hereto further agree that any action by the ENGINEER arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred.The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 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 Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty(30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article 10 entitled "Indemnification"shall be provided. - 4 - 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, 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 - 5 - 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. - 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; 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. - 7 - 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 II.,CS 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: Jason G. Souden, PE Vice President, Head, Civil Engineering Design Department Christopher B. Burke Engineering, Ltd. 9575 W. Higgins, Suite 600 Rosemont, IL 60018 29. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the ENGINEER shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal - 8 - status of employees. Without limiting the foregoing, ENGINEER hereby certifies, represents and warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legal residents of the United States. ENGINEER shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. The CITY shall have the right to audit any records in the possession or control of the ENGINEER to determine ENGINEER'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the ENGINEER shall make available to the CITY the ENGINEER'S relevant records at no cost to the CITY. ENGINEER shall pay any and all costs associated with any such audit. IN WITNESS WHEREOF,the parties hereto have entered into and executed this Agreement effective as of the date and year first written above. FOR THE CITY: FOR THE ENGINEER: By ��� By: ity Manager Name/Print: lJ _ Title: Attest: J441" City Clerk NAPR0P0SALSWDM1N\2013\EIgin 2013 Street ResurfacingENGINEERING AGREEMENT-2013.doc - 9 - Aco CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/Y 4/26/2013 YYY) `-� PRODUCER (708)429-3100 FAX: (708)429-3105 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION: Donne Insurance Group, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE: HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 7777 W. 159th Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.: Suite B j Tinley Park IL 60477 1 INSURERS AFFORDING COVERAGE E NAIC# INSURED �I INSURER A:Travelers Prop Cas Ins Co ;25674 Christopher B. Burke Engineering Ltd. INSURERB:Travelers Indemnity Company X25658 9575 W. Higgins Road (INSURER C: Suite 600 i INSURER Or Rosemont IL 60018 (INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OFSUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD-L j POLICY EFFECTIVE!POLICY EXPIRATION N O INSURANCE POIJCY NUMBER I D MMIDDIYYYY :DATE MW00lYYYY j LIMITS j 1 GENERAL LIABILITY f ' EACH OCCURRENCE $ I DATCENTE' 1- 000,000 { !X COMMERCIAL GENERAL LIABILITY j I PREMISESSEa ocwrtence) S 300,000 A ! ! CLAIMS MADE LX j OCCUR'680-6752L902 10/15/2012 ! 10/15/2013 MED EXP(Any one person) E S 10,_000 X Blkt Contract Liab ! ! _ LPERSONAL8ADV INJURY S 1,000,000 X 1_! GENERAL AGGREGATE 'S 21 000,000 I GEML AGGREGATE LIMIT APPLIES PER:j ! PRODUCTS-COM PIOP AGG S 21 , 000000 i !POLICY I X I PR0. I X I LOC 1 AUTOMOBILE LIABILITY i ! COMBINED SINGLE LIMIT j S X I ANY AUTO I f 1i(Ea accideaccident) 1,000,000 A i 'LX i ALL OWNED AUTOS HA-676OL521 { 10/15/2012 ! 10/15/2013 BODILY INJURY S ! i ! X—_:1 SCHEDULED AUTOS ! i ! (Per person) X ! X!HIREDAUTOS ! I !BODILY INJURY —_ S X!NON-OWNED AUTOS ! j ! I(Per accident) i I —'------------ ! ! I PROPERTY DAMAGE S j ( I(Per accident) j GARAGELIABILITY ! j AUTO ONLY-EA ACCIDENT S --i ANY AUTO ! i ' --- EA ACC!$ i ! i OTHER THAN ! !AUTO ONLY: AGG i$ EXCESS I UMBRELLA LIABILITY j EACH OCCURRENCE ___!S 9,000,000 I _ X OCCUR j_ CLAIMS MADE ! AGGREGATE is 9,00 000 I i i - i B X i I DEDUCTIBLE cuP-2C769665 ! 10/15/2012 10/15/2013 i -- — !X i RETENTION S 10,000; j j$ A 1 WORKERS COMPENSATION I _ I WCSTATU- iOTH+! YIN' ' AND EMPLOYERS'LIABILITY I I X jSORICUMITS.j i ER ANY PROMS BERlEXCLU E�EXECUTNE I I r E.L.EACH ACCIDENT Is —11900,000 j OFFICERIA7EM.BER EXCLUDED'? �� i (Mandatory In NH) �UB-7639Y370 ; 10/15/2012 10/15/2013 E.L.DISEASE-EA EMPLOYEES _1,000,000 If yes,describe under ------ ----- SPECIAL PROVISIONS below i ! t E.L.DISEASE-POLICY LIMIT j S 1,000,000 OTHER i ! I i i I I DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project number: 120449- Project: 2013 Neighborhood Resurfacing Program. Additional Insured: City of Elgin. General liability policy includes blanket additional insured status, primary and non-contributory coverage and waiver of subrogation per form CG D3 81 09 07, if required in any contract or agreement. Workers compensation policy includes : waiver of subrogation per form WC 00 03 13. Automobile liability policy includes blanket additional insured status and waiver of subrogation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEDBEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Elgin NOTICETO THECERTIFICATE HOLDERNAMEDTO THE LEFT,BUT FAILURE TO DO SOSHALL 150 Dexter Court IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Elgin, IL 60120-5555 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE W Donne, CPCU, ARM/GA 2- ACORD 25(2009101) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025ii200901;0i The ACORD name and logo are registered marks of ACORD i ADO CERTIFICATE OF LIABILITY INSURANCE 14/26/2013 DATEIMMIDDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS_ i I CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES: I I BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED. REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. i IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to I the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). i PRODUCER NAME: _ Assurance Agency, Ltd. PHONE AIC No Ext: 84477-57W I A c No:$47 440.9139 I One Century Centre E-MAIL 1750 E.Golf Road ADDRESS_ccarlo @assuraoceagency_com_____ Schaumburg, IL 60173 INSURER(S_AFFORDING COVERAGE NAIC# INSURER A:Starf Surplus_Li _ '13604 iINSURED CHRIBBU-01 INSURER B: Christopher B.Burke Engineering, Ltd. INSURER C: - 9575 W.Higgins Road INSURER D: i Suite 600 Rosemont, IL 60018 INSURER E: I INSURER F: j COVERAGES CERTIFICATE NUMBER:214802048 REVISION NUMBER: ! THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER I INDICATED- NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,' EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. i ! INSR: TADDLISUBRi — - i TYPE OF INSURANCE I 1 POLICY EFF I POLICY EXP • LTRi 1INSR•VYVDI POLICY NUMBER I MMIDDIYYYY i MMIDD/YYYY I LIMITS i GENERAL LIABILITY EACH OCCURRENCE Is I COMMERCIAL GENERAL LIABILITY I I � �PREMI SES S(E E ERENTED i. ' ?PREMIa ocwnence) 1 1 CLAIMS-MADE OCCUR I I I i MED EXP(Any one person) I S ! i - —� - - -- -- i PERSONAL BADV INJURY__�S _ GENERAL AGGREGATE ':S __ ! j GEML AGGREGATE LIMIT APPLIES PER: I ? _PRODUCTS-COMP/OPAGG I S - i i POLICY i PRO- I I LOC ! S AUTOMOBILE LIABILITY I ! �(Ea—dgEt) i 5 1 ANY AUTO I i I BODILY INJURY(Per person) ---I ALLOVtNED SCHEDULED I i --------------..___...---•----------_-- __i AUTOS AUTOS I I BODILY INJURY(Per acrident)I S I NON-0'AMED i j(PROPERTY DAMAGE - -�----- -'---------' HIRED AUTOS I AUTOS i j I Per S accidert) I -- ' S i _i UMBRELLA LIAB OCCUR I I EACH OCCURRENCE i$ I EXCESS LIAB CLAIMS-MADE AGGREGATE _--;5 i i DED I I RETENTIONS � i � I I S i i WORKERS COMPENSATION 1hC S7ATU- ' IOTH f i AND EMPLOYERS!LIABILITY YIN; TORY LLM1TSi—ER _ ANY PROPRIETORIPARTNEWEXECUTIVE I /A' I I E.L.EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? � N I - - -- - 1 `(Mandatory in NH) I I I E.L.DISEASE-EA EMPLOYEE S I If yes,describe under i -- — DESCRIPTION OF OPERATIONS below i I I E.L.DISEASE-POLICY LIMIT I S A i I Professional Liability 1 �SLPR0262200 6/1/2012 6/1/2013 i Each Occurrence $1,000.000 I i I I i General Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) i I Re:Project number 120449,2013 Neighborhood Resurfacing Program-The limits shown above are for the entire practice policy and are not dedicated to this project.-Proof of Insurance Only i I t i i CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE; THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Elgin ACCORDANCE WITH THE POLICY PROVISIONS. 150 Dexter Court Elgin IL 60120-5555 AUTHORIZED REPRESENTATIVE s i ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD j ATTACHMENT A SCOPE OF SERVICES - 11 - Attachment A DESIGN, ADMINISTRATION & PLANNING ENGINEERING ACTIVITIES 1. OVERALL 1. General: The Desgin Engineer will serve as the City of Elgin's representative for the entire design and administration of the planning for the project as assigned by the City. As such he will function as an extension of the City's staff and be responsible for overall implementation and management of the project. The Design Engineer shall include implementation of City policies, program administration, coordination and monitoring of consultants and contractors providing overall management control and direction to insure completion of the bidding and planning documents in accordance with the City's objectives of cost, time and quality. The Design Engineer will work closely with and report to the City Engineer or his designee. It shall be understood that the Design Engineer will act as the City Engineer on this project and shall coordinate with other City entities such as the Legal Department, City Clerk, Purchasing Director, Water Director, Sewer Director and Street Director. The Design Engineer shall be responsible for acting as the City Engineer on this project in regards to Federal, State and County issues as well. 2. Law: The Design Engineer is expected to understand all State, County and City Laws governing the implementation of his bidding and planning documents. 2. DESIGN 1. Preliminary Design: a. Proiect Location: Exhibit 1 establishes the streets and/or areas to be includes in the Design Engineer's bidding and planning documents. b. Project Kickoff. Establish lines of communication. Present a work plan for the project including schedule milestones, design criteria (utilize existing standard City contract as a base model), list of information needed to begin design. Acquire existing information including previous reports plans of recent development and relevant site information Collect water, sanitary and storm atlases Interview and document same, the Sewer, Water and Street departments for their knowledge of issues within the project location. Collect and analyze public utility records and notify utility of pending project. c. Inspection of project Location: The Design Engineer shall provide site inspection of the entire area as well as immediately adjacent area. The following shall be included; Video recording of existing improvements within and adjacent to the project location. Also, private property as it abuts the project. Pavement coring (50) by Testing Service Corporation Signage inventory. Pavement marking inventory. Trees inventory. Lighting inventory. d. Scope of Work Refinement: Based upon the collection of the above information, the Design Engineer shall refine the scope of work, including an estimate of cost, and obtain approval from the City. The Design Engineer shall include alternatives sufficient to insure the base bid will be below the total budget (when considering testing, publications, inspections and other typical costs found in construction projects). e. Construction Documents: Design Engineer will complete plan details and typical sections as necessary, construction estimates, construction specifications, bid and contract documents utilizing a City format. Any alterations or additions to the City format shall be highlighted and fully explained to the City Engineer or his representative. Plan sheets shall be provided for all underground work including water main, storm sewer and sanitary improvements. e. Scheduling: For this agreement, the Design Engineer shall develop a schedule for all steps from execution of this agreement to contract award. The schedule shall be updated at a miniumum of every two weeks and submitted to the City Engineer or his designee. f. Construction Estimate: The Design Engineer shall prepare several estimates related to the work the City desires to have completed under this project. Separate estimates are required for each of the utilities and separate locations should the project include multiple locations. In addition, the Design Engineer shall set the project estimates up to allow for alternates to insure a project may be bid and awarded as close to the budget as possible. g. Agency coordination: At a minimum. the Design Engineer shall schedule meetings with the City and any other interested agency, at about the midway point in their plan and specification development to insure they are meeting the expectations of the City. A second Page 3 meeting shall be held with the City at approximately 95%completion to finalize the bid, specifications and planning documents. The Design Engineer shall coordinate with all public utility companies including verification of the soundness of their structures and any potential relocations/delays. h. Open House: The Design Engineer shall locate, schedule and hold an open house for the properties abuting the project location. The Design Engineer shall hand deliver or U.S. Mail to each abutting property a notice of this open house a minimum of seven calendar days in advance. 3. BIDDING 1. Prepare bid forms, notices and addendum as necessary for bidders. 2. Coordinate with the local newspaper to insure the notice is published 10 days in advance of the bid opening. 3. Provide (25) sets of drawings and specifications to be issued by the City to prospective bidders. 4. Attend pre-bid meeting with prospective bidders to provide clarification for issues and concerns from bidders. The Engineer will also distribute minutes from pre- bid meeting to the City and all meeting attendees with written answers to concerns/questions from the meeting. 5. The selected Engineer will receive bidder questions and requests for clarification. Based on these questions and requests, the selected Engineer will prepare addenda as necessary to respond to the questions presented. Addenda will be issued to the City for distribution to the bidders. 6. Attend the bid opening and evaluate the bids and bidders to determine if the bids were submitted in accordance with the contract documents and if the bidders are qualified to perform the work. Following this review, a recommendation will be presented to the City for award of the construction contracts. 7. Prepare tabulation of bids for distribution to City agencies and interested bidders. 8. Assist the City in the preparation of six (6)copies of final contracts for execution by the successful bidder and the City. ATTACHMENT B PROJECT SCHEDULE Elgin 2014 Street Resurfacing i as'k Nime Duration 1 Start Finish .-Feb".3 Afar'.13-. Jun_t3 Jul'13•7=� 4 4!14 4/2',4/28 5t 6/2 6/9 6116 W23 F513 .......... ?110�2 _ 9 . I_-_.-A .. ... 4�3 Project Kick- 0 days Tue 2/12113 Tue 2/12/131 ;12,112 4 wks Tuo 2/12/13 Mon 3111/131 nspoc:tion of Project Location 3 Scope of Work Refinement 4 days Tue 3/12113 Fri 3115/13 7- 4 Preliminary Construction Documents,Schedule 8 Estimate 4 wks Mon 3/18/13 Fri 4/12/13 5 Agency Coordination/City Review 2 wks' Mon 4/15/13 Fri 4/26/1 Final Construction Documents,Schedule K Estimate 3 Wks: Mon 4/2463 Fri 5/17A3I • .............. Open House 0 days, Fri 5117/13 Fri 5/17/131 Cy 5117 Bid Documents 2" s' Mon 5/20/13 Fri 5/31/131 S Bidding 4 Wks:. Mon 613/13 Fri 6128/131 10 Bid Opening 0 days Fri 6/28/13 Fri 61281131 p 6128 II sf. ................................... ............. ...... ......... Task Milestone ♦ External Tasks L:i; Pro ect:Scnecule Date:Tnu 1/24,113 Split Summary V�� External Milestono, 4 Progress Project Summary �P� Deadline is Page 1 ATTACHMENT C DETAILED COST BREAKDOWN ATTACHMENT C: DETAILED COST BREAKDOWN Christopher B.Burke Engineering, Ltd. City of Elgin 2013 Resurfacing Program Detailed Cost Breakdown Engineer Engineer Engineer Engineer CAD BUDGET TASK VI V IV III II Administrative B Others Hours Dollars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1•Kick-Off Meeting 1 4 5 $762.00 2-Inspection of Project Location 2 60 100 $ 15 950.00 162 $37,150.00 3-Scope of Work Refinement 1 1 41 4 1 10 $1,350.00 4-Preliminary Construction Documents 8 1 32 60 32 8 140 $18,300.00 5-Agency Coordination 4 8 2 2 16 $2,370.00 6-Final Construction Documents 4 4 18 40 16 6 88 $11.544.00 7-Open House 2 6 4 4 16 $2,100.00 8-Bid Documents 2 2 12 32 4 2 54 $7,098.00 9-Bidding 2 8 2 12 $1,700.00 0 $0.00 Subtotals 26 6 152 2381 1 56 25 $ 15,950.00 503 $82,374.00 Total Hours par Classification 26 6 152 238 56 25 $ 15,950.00 Average Hourly Rate $210.00 $173.00 $138.00 $125.00 $125.00 $88.00 Total Cost Par Job Catoqory $5,460.00 $1,038.00 $20 976.00 $29 750.00 $7,000.00 $2,200.00 503 $ 82,374.00' Diroct Costs $700.00 Total Cost $83,074.00 N AFRO PO SALS%DM N\2013`E.k3n 2013 S tmetResudachgNaota lad C ostBreakdow n Spmadshee Wi ATTACHMENT D SUB CONSULTANT AGREEMENT January 23, 2013 -- TESTING SERVICE CORPORATION Corporate Office 360 South Main Place,Carol Stream,It.60188-2404 Mr. Jason G. Souden 630.462.2600 • Fax 630.653.2988 Christopher B. Burke Engineering, Ltd. 9575 West Higgins Road, Suite 600 Rosemont, IL 60018-4920 RE: P.N. 50,284 2013 Resurfacing Elgin, IL Pavement Coring Dear Mr. Souden: Testing Service Corporation(TSC) is pleased to submit this proposal to take pavement cores for the above referenced project. The broad objectives of our work will be to determine pavement and subgrade soil composition and conditions. It is understood that the information developed will be used to guide pavement rehabilitation/reconstruction. There are three areas that construction will occur. The areas are know as "C", "G"and "K-L". Scope of Work: As directed in your telephone conversation with Mr. Michael Machalinski on January 23, 2013, fifty (50 )pavement cores have been requested as part of our scope of work. The table below indicates the areas, number of cores and number of LPC 663 samples that will be taken if requested. Lineal Feet of 50 Cores Places a Core Number of Area Reconstruction/ Every± 1000' LPC 663 Rehabilitation Samples C- Industrial 10,300 11 5 G - Residential 25,100 25 3 K-L- Residential 13,650 14 2 TOTALS 49,050 50 10 The cores will be taken using a 4-inch diameter core barrel. Auger samples will also be obtained of underlying base course/subbase materials. A split-spoon will then be taken of the upper subgrade to a depth of approximately two feet below the top of pavement. The core holes will be patched upon completion using a cold mix asphalt or non-shrink concrete grout. The use of a flagman is not anticipated in order to perform our work(relatively light traffic). The core locations will be marked in the field by TSC personnel which are trained in layout procedures. Utility clearance for the borings will be obtained by contacting J.U.L.I.E. (Joint Utility Locating Information for Excavators). Providing a Full Range of Geotechnical Engineering,Environntental Services,and Constrttction Materials Engineering& Testing Christopher B. Burke Engineering, Ltd. P.N. 50,284 -January 23, 2013 Laboratory Testing: The pavement cores will be examined by a materials technician in the laboratory,who will accurately measure and describe the various pavement courses. The subgrade samples will be examined by an experienced laboratory soils technician, to verify field descriptions and to estimate soil classifications in accordance with the Unified Soil Classification System. Laboratory testing will include moisture content and dry unit weight determinations as well as pocket penetrometer estimates of unconfined compressive strength, as appropriate. Other tests deemed necessary by our Project Engineer may also be performed. Engineering Report: Upon completion of field and laboratory work, you will receive a Pavement Core Summary report. It will give complete pavement and base course thicknesses as well'as subgrade descriptions and laboratory test data. Comments will also be made concerning proposed pavement overlay and/or maintenance. OPTION A: Environmental toll Sampling and Analytical Laboratory Analyses for LPC-663 The objectives of the Study are to determine whether the associated laboratory analysis provide a basis for TSC to sign IEPA Form LPC-663, Uncontaminated Soil Certification by Licensed Professional Engineer. Uncontaminated soil including .uncontaminated soil mixed with clean construction or demolition debris (CCDD) accepted at a CCDD fill operation must be certified to be uncontaminated soil In accordance with Section 22.51(f)(2)(B)of the Environmental Protection Act[415 ILCS 5/22.51(f)(2)(13)). Uncontaminated soil accepted at an uncontaminated soil fill operation must be certified to be uncontaminated soil in accordance with Section 22.51a(d)(2)(B)of the Environmental Protection Act[415 ILCS 5/22.51a(d)(2)(B). These certifications must be made by a licensed professional engineer or geologist using the attached Form LPC-663 when the soil is removed from a site where commercial or Industrial activities have taken place (interpreted to include roadway projects adjacent to commercial/industrial property): Uncontaminated soil from a site where commercial or Industrial activities have not taken place may be certified by either the site owner or operator using LPC-662 or as above by a licensed professional engineer or geologist. Analytical Testing: TEN (10) samples will be analyzed for volatile organic compounds (VOCs), Polynuclear Aromatics (PNAs), Lead and pH. This list incorporates the analytical parameters required by the majority of local CCDD facilities. We recommend if the CCDD facility destination to be used for a particular project Is known, It be contacted to verify the analytical parameters proposed will be sufficient. The results will be compared to cleanup criteria presented in 35 IAC 742 Tiered Approach to Corrective Action Objectives used by the Illinois Environmental Protection Agency to evaluate soil. -2- Christopher B. Burke Engineering, Ltd. P.N. 50,284 -January 23, 2013 LPC 663 Report: A summary report will be prepared which describes the:sampling procedures followed and presents results of the analytical laboratory testing. If all analytical results meet their respective MACs, Form LPC-663 will be filled out and signed by a Licensed Professional Engineer or Geologist. The report will be included as an attachment to it. A blank copy of Form LPC-663 is attached. The items on the first page are for 1)Source Location Information and 2)Owner/Operator Identification -For Source Site. Kindly fill this information in so that it can be included on the signed form to be submitted by TSC. Please note that our signing of Form LPC-663 is contingent upon all constituents meeting their respective MACs. If any constituent exceeds the MACs,the Licensed Professional Engineer or Geologist will not be able to certify the soil as uncontaminated. In that event, additional analysis maybe required in connection with disposal at a Subtitle D landfill, at additional cost for consulting, analytical testing and completion of the waste profile. TSC's work will not include services required to evaluate the likelihood of the site being contaminated by hazardous materials or other pollutants. Should an environmental investigation be desired by you, please contact the undersigned for a separate proposal. Fees and Scope: In accordance with the Cost Estimate attached, TSC is proposing a not-to-exceed budget amount of Fifteen Thousand Nine Hundred Fifty Dollars ($15,950.00)to provide the coring program outlined above. If OPTION A: Environmental Soil Sampling and Analytical Laboratory Analyses for LPC-663 Is needed please add FIve'Thousand Five Hundred Dollars ($5,500.00) to the not-to-exceed budget amount. Our proposal is based on-the understanding that: the core]ocations are accessible to a conventional truck-mounted drill, and that the work can be performed during standard business hours. Our fee is further subject to this proposal being accepted by you on or before May 31, 2013. Should unusual soil conditions be encountered in the field that indicate the desirability of significantly broadening the scope of the investigation,we will contact you before proceeding with any additional work. It should be noted that our estimated cost does not include plan review or earthwork and foundation excavation observations during the construction phase of the project. However, plan review and construction observation and testing costs should be included in the project budget. After the final report is delivered, any consultation, pre-construction meetings or other professional services will be covered by a separate invoice. Closure: The geotechnical services being performed are subject to TSC's attached General Conditions. Unless stated otherwise, TSC's fees include all state and federal taxes that may be required. However, they do not include any license, permit or bond fees that local governments may impose. The local fees, If any, would be added to our invoice. Unless we receive written instructions to the contrary, invoices will be sent to: -3- Christopher B. Burke Engineering, Ltd. P.N. 50,284 -January 23, 2013 Mr. Jason G. Souden Christopher B. Burke Engineering, Ltd. 9575 West Higgins Road Suite 600 Rosemont, IL 60018-4920 (847)823-0500 (847)823-0520 email:jsouden @cbbel.com If this proposal meets with your approval, please indicate your acceptance by signing one copy and returning it to our Carol Stream, Illinois office. When completing the attached project data form, kindly Indicate who Is to receive copies of TSC's report and other project data. Your consideration of our proposal is.appreciated. We look forward to being of service to you on this project. Respectfully Submitted TESTING SERVICE CORPORATION Prepared by, Michael V. Machalinski, P.E. Michael D. Billings Vice President Director of Business Development MVM:MDB:kw Enc: General Conditions Project Data Sheet Approved d epte f y: (NAME � (DATE) -4- Christopher B. Burke Engineering, Ltd. P.N. 50,284 -January 23, 2013 COST ESTIMATE P.N. 50,284 2013 Resurfacing Elgin, IL F- ITEM UNITS QTY RATE COST STAKING AND UTILITY CLEARANCE 1 1 Layout Crew Chief to Mark Core Locations and Hour 16.0 90.00 $ 1,440.00 Arrange for Clearance of Underground Utilities 1.2 Permits, Bonds and Other Direct Charges Coot+ 0.0 0.00 $ 0.00 10% OBTAIN PAVEMENT CORES Includes coring with 4 Inch diameter barrel,retrieving all pavement materials to maximum depth of 18 Inches,taking auger samples of base course/subbase materials and split-spoons of upper.subgrade. 2A Core Van and One=Man Crew(Regular Time Hour 56.0 150.00 $ 8;400.00 Portal to Portal) 2.2 Core Van and One-Man Crew(Overtime) Hour 0.0 175.00 $ 0.00 2.3 Bit Wear-Perinch of Asphalt Pavement Inch 500.0 2.50 $ 4,250.00 2.4 Bit Wear-Per Inch of PCC Pavement Inch 0.0 4.00 $ 0.00 2.5 Patch Holes with Cold Patch Asphalt or Non- Each 50 10.00 $ 500.00 Shrink Grout 2.6 Materials Technician to Measure and Describe Each 50 15.00 $ 750.00 Core Sample In Laboratory TRAFFIC CONTROL 3.1 Single Flagman, Regular Time(Portal to Portal) Hour 0.0 95.00 $ 0.00 3.2 Single Flagman,Overtime Hour 0.0 115.00 $ 0.00 3.3 2-Man Flagging Crew, Regular Time(Portal to Hour 0.0 190.00 $ 0.00 Portal) 3.4 2-Man Flagging Crew,Overtime Hour 0.0 230.00 $ 0.00 3.5 TSC Pickup and Arrowboard Day 0 140.00 $ 0.00 LABORATORY TESTING 4.1 Visual Classification and Water Content/Dry Unit Each 50 12.00 $ 600.00 Weight Determination of Core Subgrade Sample 4.2 Sieve Analysis with Hydrometer Each 0 85.00 $ 0.00 4.3 1 Size Analysis with#200 Wash Each 0 1 115.00 $ 0.00 14.4 1 Atterberg Limit Determinations Each 0 75.00 $ 0.00 -5- Christopher B. Burke Engineering, Ltd. P.N. 50,284 -January 23, 2013 ITEM UNITS QTY RATE COST 4.5 Organic Content(Loss-on-Ignition) Each 0 40.00 $ 0.00 4.6 Moisture/Derfsity Relationship of Soils Each 0 175.00 $ 0.00 (Standard Proctor) 4.7 Illinois Bearing Ratio(IBR)with Supporting Tests Each 0 475.00 $ 0.00 ENGINEERING SERVICES 5.1 Prepare Pavement Core Summary Report Lump Sum 1 3,000.00 $ 3,000.00 5.2 Geotechnical Engineer to Perform Special Hour 0.0 120.00 $ 0.00 Calculations 5.3 Senior Engineer to Consult or Attend Project Hour 0.0 150.00 $ 0.00 Meetings ESTIMATED TOTAL: $15,940.00 RECOMMENDED BUDGET: $15,950.00 COST ESTIMATE P.N. 50,284 Environmental Soil Sampling and Analytical Laboratory Analyses for Form LPC-663 2013 Resurfacing Elgin, IL ITEM UNITS QTY RATE COST ANALYTICAL TESTING 1.1 VOC's,PNAs,LEAD and pH-Standard 9 to 1 l Day Each 10 394.00 $ 3,940.00 Turnaround 1.2 Environmental Personnel to Screen&Prepare Samples Each 4 120.00 $ 480.00 1.3 Use of Photoionization.Detector Day 0.5 100.00 $ 50.00 Environmental Data Review,Project Management,Prepare 1.4 Summary Report with Form LPC-663 signed by PE if SuSummary 1 1,000.00 $ 1,000.00 uncontaminated ESTIMATED TOTAL: $ 5,470.00 RECOMMENDED BUDGET: $ 5,500.00 -6- GENERAL CONDITIONS Geotechnical and Construction Services TESTING SERVICE CORPORATION 1.PARTIES AIID SCOPE Of WORK:If Cimrit Is ordering the Mill Its conUacL"Contractor'as used herein shall Include lhtle-s entOlkntistK+rrSEn�rFmmb a lofnm Ur dwna9p ar.•tcesor,bafiallotanother,Clientlepiesmitsandvrarrarts subcontractors,suppliers,architects,engineers and (ofwhichTSC may be gable Inaemdanco+:ith Ole prv�sfov Ural Cllenl Is the"duty authorized agent of said party for construction managers. set forth in tho preceding paragraph,upon writ request the purpose of he and directing said services,and in of Client received valhin five do)-.of CII n' optance cf such case the term"Client'shall also include the principal tnfamsibnobtained from bor!ngs,observalians colon IrSes TSC's proposal together vAlh payment an addtliciial fee for ezhom the services are befog performed.Prices encored cd sample materials shall be reported In formats considered in tho amount of 5`b bf 1"SC's es9 tried cost for its services and charged by TSC for its senhces aro predicated on the appropriate by TSC unless directed otherwise by Client. Oct" be adjusted in 545 elite tie of comp) billed tie TSC conditions and the aliocadoirs of dais and,obligations Such information Is considered evidence,tart any inference for itsservi•.es on the pr ' t at ttbe of completion),U e linhg expressed to these General Condiffons. Unless olhendso Of condus'on based thereon is,necessarily,an:ophila,•i also on damages shall ncreassd to$500,000 or lite amount stated In writing,Client assumes sole responsibility(or based on orig!eering judgment and shall not be construed of TSC's fed, ever Is the greater.This charge Is not to determining whether the quanlity=anA the nature of the ai a repro3ontaton of fact.Subsurface conditions irmy not be cons des being a charge for insurance of any type serrlccs ordered by Gllentare adequate and sufiic!ent for be unlf(xm throughout"an entire site and ground water but; rymaeased conslderation for the exposure to an award Client's Intended purpose. Unless othervAso expressly levels may fluctuate due to climallc and o0her variations. l.cduaages. ass(mhed in vrriting.TSC's services are pmrAded exduslvety Construction materials may vary from tho.samples taken. for client.TSC shail have lid duty Oi Obligation 000 than those Unless otherv&oagieedinwritidg;Urapromfuresemp!oyed 11.INDEMNITY: Subject to the provisions set forth herein, duties an y d obligations extimss; sat Will In this Agreemeat. by TSC art)not designed to detect intentional con�alment TSC and Client hereby agree to Indemnify and hold harmless TSC shall have no duly to any third party.Client shall or misrepresentation Of facts by others. each otter and their respectivo shareholders,directors, communicate these General Conditions to each and every officers,partners,employees,agents,subsidiaries and party to vrhom the Client-transmilsi any report prepared by 7.DOCUMENTS A(IO SAMPLES: Client Is granted an division(and each of their heirs,successors,and assiens) TSC.Ordering services froni SC shslicoristituteacceplanca excuss"license to use findings and reporls,prepared frornanymitaildalms,demands,t!abliges,suits,causes of of1SC's proposal and these CenerallCoxhdltions and Issued by TSC and any sub-consultants pursuant to action,judgments;costs and expenses,!nctudingreasonable this Agreement for the purpose set forth in TSCs,proposal attorneys'fees,arising;w allegedly arising,from p?/sell l 2.SCHEDULING OF"SERVICES:Thesrrdixs set forth lit this paraded that TSC has received payment In full.lor its Injury,Includingdeat h,property damage,bmdud!ng less Ofuse Agreement./illbevcccmpihhed 1.lna timely-and miananlike servir•es.TSC and,it applicable;its sub-consultant,retain thereof;clue In any manner to Ole niglfgenceof either ofthem manner.It TSC is required lo.delay,any:par(of its seivice, all copyright and ovmership,inieresis in the reports,boring or their agents or employaes or independent contractors.In to accommodate the requests w requliontents of Clleni, logs,maps,field data,field notes,laboratory test data and (Ile event TSC.and Client are found to be negligent of regulatory agencies,w Umtd pnrlcrs or duo to any cause similar dowments,and Via ov nerhip and freedom to rise a(fauft,then any liability slialf be apportioned between them beyond Its reasonable control,"Client egress l0 pay sud) all data goanrated by it for any,or.pose.Unless othenriso pulsuantlOUn tprora�sharoolncgtignncdorfauit.TSC u d additional charges,if any,asmayboTPpiicablo. agreed In writing,test speclmons or samples will he Client further agree that their liability to any third paityshai!, disposed immediately upon completion of the telst ul drilling to the extent permitted by lave,ba several and not joint.l he 3.ACCESS TO SITE: TSC shall take reasonable measures samples or sxclrnens vAl be disposed sixty(BO)days after liability of TSC under this Aron slon shall not exceed the polic and precautions to minimize damago`tp oho she and any submission of TSCs report. limits of Insurance carried by TSC..kel her TSC nor Client and precautions boo m thereon if l rescue[its services w shall.be bound under this Indemnity agreement to HENRY the use o1 its equipment;1191+ever,TSC his not induced In B.TERNIIIIATIO10SC's oWigationtoprovide senices may be defermined in a proceeding In which It did not participate its fee the cost of restomUon of damage v hlrh may occur,if terminated by either party upon(7)seven days prior v/ri0en represented by its ovm independent counsel The Indemnities Client desires w requires TSC tai restore the size to its fernier n�tu a. In the event of termination of TSC's services,TSC prattled hereunder shall not lermioatc upon the termination condilon,TSC will,upon written roguosf,perform such shat!be r.0 rhpenSatCd by Ctlenl for alicerviees pidirrned up or expiration of this Agreement,but It be Willed to lha additional woric as Is necotsmyto do sd;atld Client agrees to arxd Including the teiminaUOn data,including teimbutsab!e exl£nl o!a iy waiver of wbrdgaticn agreed to by iSC and to pay to TSC Ole cost thereof plus TSC's normaf markup for expenses.The terms and conditions;of these General paid for by Client. overhead and profit. Conditions shall survive the termination of TSC's obligation 12 SUOPOEtiAS:TSC's r7nptoyces shall net be retained as to provide services. 4.CLIENT'S DUTY TO'IlO7tFYEt1GlIIEER:6lIer+Frepreseats expert vAtnosses except by sepaale,written agreement. end-witfi ats-thal Clent has advlsed iSC of any known or D.PAYMENT:Client shall be Invoiced periodically for services Crest agrees to p ay TSC pursuant lq TSC s then current fora suspected hazardousnwterals,utility Ones and underground schedule to,any TSC omployee(s)subpoenaed by any party structures at any site at which i sC'is to perform services days ul its receipt.Client further agrees to pa est on as an occurrence t.itness as a rosidt of TSC's servitxs. under this agreement. al!amouritq Invoiced and not paid or o ected to in writing for valid cause vriUrin sixty(60 ys'atthe raleethrelve 13.OTHER AGREEMENTS:'rsc shall not be bound by 5.DISCOVERY Or POLLUTANTS:TSCs_ser•dceS shall not (12%)poiamillin(X UipWaZmum Interest rate permitted by any provision or agreement(n requidng or prodding(of include investigation for hamrdous materials as defined by applicable la4,r /ever is the lesser}until paid and TSC's arbitraton of disputes"nr contavarsles arising out et this ilia Resource Corserval!on Recovery Act,42 U.S.C.§6901, ceslsAculli crcn of shaft accounts,hietuding coati costs Agreement or its performance,(i.)wherein TSC valves army el,seq.,as amended('RC3/4`),or try,any state or Federal z~r rcesaiettedNaneyt{ �:�� rights to a mechantcsllea or surety bond claim;pica that statute w reguiation. in die event that hazardous materials conditions TSC's right to reecho payment far its servfc•s are discovered and identified by TSC,I SC's sole duty shall 10.WARRANTY: TSC's professional services Will be upon payment to Client by any third patty or(iv)that requires be to redly Client parlwnmed,Its findings obtained and its reports prepared TSCIO!ndemnityanypartybeyond its own negUgenceThese lr accordance.Oath ihes0 General Cond!tions.and with Geller alCodd!tie ns are notice,whefe required,thalTSCsimil 0. MONITORING: If this Agreement Includes testing ge.netalhy accepted principles and practices.i)perforpi!ngits f ilea lien Whenevernecessary to collect past due amotints. r nnsUuction materials orobservingany aspect otconstziiciWn pidfessionniservic(s,TSC:,rfg use thalriegreaGl care arid skill This Agreement contains the onUre understanding bat•:cell of improvements,Client's construction personnel will aid!nariyemiclsed under similar dreumst ai•icdsbymembers the parties.Unless express"/accepted by TSC In exiting vilify Iliat the part is properlj located and sized to meet of Its prciasslen.in padorming physical work In pprsull of pnlor to delh-cry of TSCs services,Cgent shall not add any Client's pro,'ected building toads.Client shall cause all its professional services,TSC Will We that degree of care c"iaions w impose conditlons v hich are In conflict vrilh tests and inspections of the site,materials and work to and skiil ord!aarity used under similar circumstances.This those contained dereln,and no such additional orconf!icting be timely and properly perlormed fn accordance with warranty Is In Ileu 01'll outer warranties or representations, tarns shall be binding ion TSC.The unenforceebiUer Of the plane,specllk.atlons,contract documents,and TSC's Ogle,cKpress or Implied.Statements madeln TSC reporls hT.a!ldfhy,of any provision or provisions shall net render any recommendations. tie claims for loss,damage or injury Flat opinions based upon engineering judgment and are not other provision or provisions unentoiceabla w irr gild.this shag be broughtagainsi TSCurdess all tests and Inspections to tie construed as representations of tact. Agreement shall be construed and enforced in accordance have teerh so performed acid unlessTSC's rewrnmendat dos with the favr,of the State of Illinois.dr.the event of s dispute have been followed. 3hrn'!rti'Stsor arty-ot-its-cmPloyaes�e-tdulld-ktt1mav�s�t�tn arts~ig out oforrela0npinthet>cdwrnanceof this A9ieenrsnt, megligentinperformingpio lessionalservimsortoytt made tits breach thereof or TSC's services,Uho parties agree to TSC's seivces shah not lacludedolcrminingorImplementing atilt breached any express wfmpfiedvvazran epresenLfUcn ty in goal faith to softie the dispute by mediation under the moans,methods,tech or procedures of work or contract,Client,all parties claim! trough Client and the Constiretiorh Industry Mediation Rules oI time Amedcon dens ens,contactors)being monitored or vrhoso vvmk n all Deities claiming to have rn n way raged upon TSC's Arbitration Associalion as a condition precedent Wiling any being tested. TSC's servfce3 shall not Inducts the authority set vees;at work agrett th r nmaximum aggregate demand tot arbitration,warty petition or cdmplaintvriUh any 10 accept w reject work w to in any manlier supervise of damages for v C,!soff(els,emp!Gyees and agents etc it,paragraph headinigsare for ionvealencoonlyandsimad the vetyk of any contactor.TSC's services nr fa!luro to sl•,alt be Ila lindtcd to$50,000 cr the total anhouni of not be t Wi,tefld a,gmiVng the meaNng of the pfdri5!nfi9 pentomm same sli<.g nor in any way-0 perate Or excuse any the fr.•, .,Id to TSC for Its services performed vvgh respect contained m these General Conditions. REV D2108 contracter Iron)time perfwmalheo of its vrork In accordaruu g,-tnalur>lacl�,t rrrcv r arrrcunt!s-0uat� LM � wnwlew"~ wm����� ghosu ���SEE�110E CORROFFAMOR ion., Name, - General oV/Stela/Zip: Pip-Cl uawyu, _ _ _ E-M& E u^ .� m,Dhom _ Telepop: _ Fat______ Sib omn _ _ _ nmmo ___ m^�m� ............ ________ __.___ mc _ ow/ome/np___ s-WiL Send/nvoice To: NrchAmmdm.NuM*m-____--_�___- Name., mum, E-W11: . -- - City!State/up: _ ___ ___ Telephone: &mag: Fax: - —_- Telop»on» -__ Important Notes: mz Name,, — _ -_-- _ Company:- Addwo Completed-.By., City/State/zip. uolztwfo . - s*": Name: - _ � Telephone;- - (lam .____' Fix: ___ EXHIBIT 1 LOCATION MAPS S Channing-St N•Channing•St o I c z o WalkeyPI—c) s Ul Hilton-PI -n 3 'D fD Rugby PI 0 0 Ln : ;,R ? 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EXeut\FD o Q, CL \ J, �o 1 Q CommercelQr , V ld ell Parri�e ro �o CL Airport-Rd �O 6� I�i ► ELGIN THE CRY IN THE SUBURBS- DATE: May 14, 2013 TO: Joe Evers, City Engineer FROM: Jennifer Quinton, Deputy City Clerk SUBJECT: Resolution No. 13-84 Adopted at the May 8, 2013, Council Meeting Enclosed you will find the agreement listed below. Please distribute this agreement to the other party and keep a copy for your records if you wish. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Agreement with Christopher B. Burke Engineering, Ltd. for Engineering Services in Connection with the 2013 Neighborhood Resurfacing Program