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15-30
Resolution No. 15-30 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH HR GREEN, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE CITY OF ELGIN 2016 NEIGHBORHOOD STREET 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 HR Green, Inc. for engineering services in connection with the City of Elgin 2016 Neighborhood Street Resurfacing program,a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: February 25, 2015 Adopted: February 25, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 25 thday of February,2015 ,by and between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to as"CITY") and HR GREEN, INC. an Iowa Corporation authorized to do business in the State of Illinois (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with CITY OF ELGIN 2016 NEIGHBORHOOD STREET 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 City Engineer of the CITY,herein after referred to as the"CITY ENGINEER". B. The ENGINEER shall furnish professional engineering services for the PROJECT as outlined herein and as detailed in Attachment A. These services shall generally include preparing contract plans, specifications and estimates, as well as providing inspection services for the 2016 Neighborhood Street Resurfacing Program. 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 CITY ENGINEER 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 CITY ENGINEER;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(Not To Exceed Method) A. For services provided the ENGINEER shall be paid a total not-to-exceed sum of Three Hundred Twenty Thousand Eight Hundred and Twenty Six and 00/100 Dollars ($320,826.00) regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the CITY ENGINEER. 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. Reimbursables,subconsultant fees,and other direct costs are included in the not-to- exceed fee. 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 CITY ENGINEER. DATE % COMPLETE ESTIMATED INVOICE VALUE CUMMULATIVE 4/1/2015 15% $45,793 5/1/2015 20% $52,793 6/1/2015 22% $70,793 7/1/2015 25% $78,243 8/1/2015 30% $99,468 9/1/2015 40% $133,228 10/1/2015 50% $163,228 11/1/2015 60% $193,228 12/1/2015 61% $198,228 1/1/2016 62% $200,728 2/1/2016 63% $203,228 3/1/2016 64% $205,728 4/1/2016 65% $210,728 5/1/2016 72% $230,728 6/1/2016 80% $258,728 7/1/2016 90% $287,826 8/1/2016 98% $315,826 9/1/2016 100% $320,826 5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports(2C above)will be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the authorized representative of the CITY to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the ENGINEER. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination,except that reimbursement shall not exceed the task amounts set forth under 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 CITY ENGINEER relative to a claim submitted by the ENGINEER,all work required under this Agreement as determined by the CITY ENGINEER 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 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,and hold harmless the CITY,its officers,employees,agents,boards and commissions from and against any and all claims,suits,judgments,costs,attorneys fees,damages or other relief,including but not limited to workers compensation claims,in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees,agents,boards or commissions,covered by the foregoing duty to indemnify,and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this paragraph shall survive any expiration and/or termination of this Agreement. 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 CITY ENGINEER 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 CITY ENGINEER. 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 CITY ENGINEER as evidence of insurance protection. The policy shall not be modified or terminated without thirty(30)days prior written notice to the CITY ENGINEER. 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 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. 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 CITY ENGINEER, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the CITY ENGINEER 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. 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 CITY ENGINEER and to other participants which may affect cost or time of completion,shall be made or confirmed in writing. The CITY ENGINEER 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: Jeffrey J. Strzalka, P.E. Project Manager HR Green, Inc. 420 N. Front Street McHenry, Illinois 60050 29. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the ENGINEER shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing,ENGINEER hereby certifies,represents and warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products and/or services with respect to this Agreement shall be 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. 30. APPROPRIATIONS The fiscal year of the City is a twelve (12)month period ending December 31. The obligations of the City under any contract for any fiscal year are subject to and contingent upon the appropriation of funds sufficient to discharge the obligations which accrue in that fiscal year and the authorization to spend such funds for the purposes of the contract. If,for any fiscal year during the term of the contract, sufficient funds for the discharge of the City's obligations under the contract are not appropriated and authorized,then the contract shall terminate as of the last day of the preceding fiscal year, or when such appropriated and authorized funds are exhausted, whichever is later, without liability to the City for damages,penalties or other charges on account of such termination 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 „/, -><C7 By: ity Manager Name/Pi t: la, ain PE CFM Title: 'ice P tsi:7nt Attest: kg/X/6 City Clerk DATE(MM/DD/YYYY) A`QRD CERTIFICATE OF LIABILITY INSURANCE 0l/o6/zols THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,su bject to 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). PRODUCER 1-800-300-0325 CONTACT Michelle Gruis NAME: Holmes Murphy & Assoc - CR PHONE FAX (A/C.No.Extl: 319-896-7715 (AIC,NoI: 866-231-7822 E-MAIL ruis@holmesmur h 500 1st Avenue NE, Suite 300 ADDRESS: m g P Y•com INSURER(S)AFFORDING COVERAGE NAIC S Cedar Rapids, IA 52401 INSURERA: Zurich American Insurance Company 16535 INSURED INSURERB: Travelers Property Casualty Company of _25674 HR Green, Inc. INSURERC: XL Specialty Insurance Company 37885 420 N. Front Street INSURERD: Ste. 100 INSURERE: McHenry, IL 60050 INSURERF: COVERAGES CERTIFICATE NUMBER:42690510 REVISION NUMBER: THIS IS TO CERTIFY THAT 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 OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SPOLICY EFF POLICY EXP LTR TYPE OF INSURANCE NSD WVD POLICY NUMBER MIDLIMITS (MMIDD/YYYY) {MD/YYYY) A X COMMERCIAL GENERAL LIABILITY GL0373096705 01/01/15 01/01/16 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR PRSRENTED PREMISES(TOEaaoccurrence) $ 300,000 MED EXP(Any one person) _ $ 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECOT- X LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY BAP373096805 01/01/15 01/01/16 COMBINED SINGLE LIMIT $ 2,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS _ AUTOS (Per accident) B X UMBRELLALIAB X OCCUR ZUP14N8656615 01/01/15 01/01/16 EACH OCCURRENCE $ 15,000,000 EXCESS UAB CLAIMS-MADE AGGREGATE $ 15,000,000 DED X RETENTION$ 10,000 $ A X WORKERS COMPENSATION WC373096605 01/01/15 01/01/16 STATUTE ERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE N N N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Professional Liability DPR9718796 01/01/15 01/01/16 Per Claim 5,000,000 (Claims Made Coverage) Aggregate 6,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Elgin is named as an additional insured as respects to general liability assumed under written contract with the insured. Re: Master Agreement project. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Elgin THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 150 Dexter Court AUTHORIZED REPRESENTATIVE Elgin, IL 60120 ),Y71.L4/1.`,47:1 USA ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD kbrewercr 42690510 ATTACHMENT A SCOPE OF SERVICES DESIGN, ADMINISTRATION & PLANNING ENGINEERING ACTIVITIES . PROJECT UNDERSTANDING Per previous discussions with the City,the 2016 Neighborhood Street Resurfacing Program will consist of the project areas identified within Exhibit 1 herein attached. It has been anticipated that the construction costs for streets highlighted on Location Map A will fall within the available construction funding in 2015. Location Map B identifies additional project locations in which there may not be available construction funding in 2015. The streets that do not fit within the available funding will be made ready to bid in 2016 if funds are budgeted and approved. 2. 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. 3. DESIGN 1. Preliminary Design: a. Project 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(60)by Rubino Engineering,Inc. 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. f. 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. h. 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 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. 4. 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. CONSTRUCTION ADMINISTRATION AND CONSTRUCTION ENGINEERING ACTIVITIES A. CONSTRUCTION ADMINISTRATION 1. General:The Construction Administrator will serve as the City of Elgin's representative for the entire construction 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 Construction Administrator will provide all Level 1 management services.These services are defined as all management functions and requirements over and above the daily routine project requirements.They will 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 construction project in accordance with the City's objectives of cost, time and quality.The Construction Administrator will work closely with and report to the Director or his designee. 2. Specific Duties and Responsibilities: a. Project Control: Establish and maintain lines of communication,authority,and procedures for coordination among the City,Director,Design Engineer,Contractors,and Construction Engineer as needed to carry out the project construction requirements. Provide a pre-construction video of the entire project. b. Additional Services: When required,identifies the need for,and retains professional services of a surveyor,testing laboratories and other special consultants,and coordinates these services during their performance. c. Contract Requirements: Administrates and monitors for the Director,contractors and other project consultants,the contractual requirements for items such as insurance,bonds, and general conformance with governmental regulations,including minority compliance. d. Construction Monitoring: Monitors the work of contractors and construction engineer to insure adequate quality control of the construction work and compliance with the design drawings, specifications and other required regulations. e. Scheduling: Works with the contractor and Construction Engineer to insure that a workable construction schedule is developed and agreed to by all parties.Provide for continuous monitoring(WEEKLY UPDATES)of the schedule as construction progresses.Identify potential variances between scheduled and probable completion dates. Review schedule for work completed,not started or incomplete and recommend to the Director,Construction Engineer and contractors, adjustments in the schedule to meet the probable competition date.Provide summary reports of each monitoring and document all changes in schedule. Together with the Construction Engineer determine the adequacy of the contractor's personnel and equipment and the availability of materials and supplies to meet the schedule. Recommend courses of action to the Director when requirements of a contract are not being met. f. Shop Drawings: Monitor the submittal of all shop drawings,catalog cuts and material selections by the contractors and coordinate timely approval of the same by the Design Engineer. Review and monitor on a continuing basis the delivery status of critical material and equipment so as to prevent unnecessary delays. g. Administration: Handle all project administrative correspondence including preparation of all written documents and correspondence requiring the City's signature and authorization. Maintain a file on all project correspondence and records to include daily construction reports prepared by the Design Engineer's field Construction Engineer. h. Contractor's Payment: Review and process for payment,though the Director,all applications by contractors and design consultants for progress and final payments. 1. Change Orders: Recommend necessary or desirable changes to the Director and the Design Engineer, review requests for changes,and handle all administrative aspects to include contractor negotiations,formal preparation and submission with recommendation to the Director. j. Cost Control: Monitors all project costs and revises and refines the initially approved changes as they occur, and develop cash flow reports and forecasts as needed. k. Job Meetings: Conduct periodic(bi-weekly in general)progress meetings with all associated parties to review construction progress,procedures, scheduling,design interpretation,problem areas and overall coordination. I. Reports: Provide a timely weekly status reporting system to keep the City abreast of all aspects of the project which will: a)emphasize problem areas to the Director on a by-exception basis;and b)present solutions for the problems which will enable management to make decisions on a go-or-no-go basis. m. Public Information: Provides advance and current information to the public as necessary and appropriate. Works with citizens directly impacted by contractor to protect citizen's interests. n. Final Completion: Together with the Design Engineer and Construction Engineer conduct a pre-final inspection and develop a pre-final inspection and develop a pre-final punchlist for the contractor. Upon competition of the pre-final punchlist notify the Director that a final inspection is in order. Attend the final inspection with the Director and contractors. Advise the Director when all punchlist work resulting from the final inspection has been completed. Recommend,prepare,and process all final pay estimates through the Director and insure final invoice is submitted to the Director within 30 calendar days of the completion date. B. CONSTRUCTION ENGINEER 1 . General:The Design Engineer may serve as the City's on-site construction representative for the construction project as the Construction Engineer. He will be responsible for the general control and field inspection of the construction project and will provide all Level 2 management services.These services are defined as all management functions required for day to day control of the project.They will .include field inspection,design interpretation, contract administration and general coordination and control of the day to day construction activities of the contractor to insure timely completion and quality construction in strict compliance with contract drawings and specifications.The Construction Engineer will work closely with and report to the Construction Administrator. 2. Specific Duties and Responsibilities a. Liaison and Contract Control: Assist and provide guidance to the contractors in understanding the intent of the contract documents. Serve as the City's representative with the contractors working principally through the contractor's project engineer and on-site superintendent. Serve as the City's liaison with other local agencies,utility companies, state agencies, businesses,etc. keeping them advised of day to day activities. b. Review of Work,Rejection of Defective Work,Inspection and Testing: 1) Conduct on-site observations of the work in progress to determine that the project is proceeding in accordance with the contract documents and that completed work will conform to the requirements of the contract documents. 2) Instruct contractor to correct any work believed to be unsatisfactory,faulty or defective or does not conform to the requirements of the contract documents,or does not meet the requirements of any inspections,tests or approval required to be made; and advise Construction Administrator of action taken and if any special testing or inspection will be required. 3) Verify that tests are conducted as required by the contract documents and in presence of the required personnel,and that contractors maintain adequate record thereof; observe,record and report to Construction Administrator appropriate details relative to the test procedures. 4) Perform or cause to have performed as applicable, all required field tests such as concrete tests, soil compaction tests and insure such tests are made by as may be specified.Analyze the results of all field and laboratory tests to determine the suitability of materials tested.The consultant has incorporated Clean Construction and Demolition Debris(CCDD)requirements into the construction documents and the contractor shall be responsible for all costs to properly meet the requirements of the law. 5) Accompany visiting inspectors representing public or other agencies having jurisdiction over the project,record the outcome of these inspections and report to Construction Administrator. c. Contractors Suggestions and Requests: Consider and evaluate suggestions and requests for modifications in drawings and specifications which may be submitted by the contractor and make recommendations to the Construction Administrator with any time and cost implications for final decision. d. Shop Drawings: 1) Review and approve shop drawings and samples,the results of tests and inspections and other data which any contractor is required to submit,but only for conformance with the design concept of the project and compliance with the information given in the contract documents: determine the acceptability of substitute materials and equipment proposed by contractor(s); and receive and review (for general content as required by the specifications)maintenance and operating instructions, schedules,guarantees, bonds and certificates of inspection which are to be assembled by contractor(s)in accordance with the contract documents. 2) Record and maintain a shop drawing submittal and approval log and notify contractor whenever submittals are lacking or untimely. e. Schedules: Review construction schedule, schedule of shop drawing submissions and schedule of values prepared by the contractor.Be alert to the construction schedule and to the conditions which may cause delay in completion and report same to the contractor and the Construction Administrator in sufficient time to make adjustments. f. Conferences: 1)Attend periodic progress meetings scheduled by the Construction Administrator with all associated parties to review the overall project status and problems. 2)Arrange a schedule of on-site job work meetings with the general contractor and sub-contractors to review day to day requirements and problems. Maintain and circulate copies of minutes thereof. g. Contract Administration and Records: 1) Handle all day to day contract administration and associated correspondence in accordance with the established procedures. 2) Maintain at the job site orderly files for correspondence,reports of job conferences, shop drawings and sample submissions,reproductions of original contract documents including all addenda,change orders, field orders,additional drawings issued subsequent to the execution of the contract documents,progress reports,and other project related documents. 3) Keep a diary or log book,recording contractor's hours on the job site,weather conditions,data relative to questions of extras or deductions,list of visiting officials, daily activities,decisions, observations in general and specific observations in more detail as in the case of observing test procedures. 4) Record names,addresses and telephone numbers of all contractors, sub-contractors and major suppliers of equipment and materials. h. Reports: 4, Furnish Construction Administrator written reports as required of progress of the work and contractor's compliance with the approved progress schedule and schedule of shop drawing submissions. 1. Contractors Payment Requisition: Review applications for payment with contractor for compliance with the established procedure for their submission and forward them with recommendations to Construction Administrator,noting particularly their relation to the schedule of values, work completed and materials and equipment delivered to the site. J. Governmental Policies: Review contractor EEO policies and other governmental mandated programs to insure contractor compliance with the governing regulations. k. Change Orders: Perform initial evaluation of change orders and submit same to Construction Administrator with recommendation and cost estimate breakdown for final approval and processing. 1. Final-Completion: 1) Together with the Construction Administrator conduct a pre-final inspection and prepare and give to the contractor a pre-final punchlist. Thereafter insure that the contractor completes same in an expeditious fashion. Notify the Construction Administrator in writing when all work is completed and ready for final payment. 2) Together with the Construction Administrator conduct a final inspection with the City Engineer,Public Works Operations,and Water Division as appropriate,Project Manager and the general contractor.Prepare a final punchlist and thereafter insure that the contractor completes same in an expeditious fashion.Notify the Construction Administrator in writing when all work is completed and ready for final payment. U ATTACHMENT B PROJECT SCHEDULE CITY OF ELGIN 2016 NEIGHBORHOOD STREET RESURFACING PROGRAM March 1st- March 16th- April 1st- April 13th- May 1st- May 18th- June 1st- June 15th- July 1st- July 13th- August 1st- August 17th- Sept 1st- Sept 14th- Ci of El,In 2016 Nefahborhood Street Resurfacin.Pro,rem Da s Start End March 15th March 31st Aril 12th A.ri130th Ma 17th Ma 31st June 14th June 30th Ju 12th Ju 31st August 16th Au.ust 31st Se•t 13th Se.130th Project Duration 502 3/2/2015 8/1/2016 Kickoff Meeting with City 1 3/2/2015 3/2/2015 Pavement Cores 15 3/3/2015 3/18/2015 Inspection of Project Location 32 3/9/2015 4/10/2015 Scope of Work Refinement 5 4/6/2015 4/11/2015 Preliminary Construction Documents(Plans,Specs&Estimates) 32 4/13/2015 5/15/2015 Agency Coordination/City Review 13 5/18/2015 5/31/2015 Final Construction Documents(Plans,Specs&Estimates) 18 6/1/2015 6/19/2015 Final City Review 8 6/22/2015 6/30/2015 Project Advertisement 14 7/6/2015 7/20/2015 Open Bids 1 7/21/2015 7/21/2015 Award Construction Contract 1 7/29/2015 7/29.2015 Construction I 350 j 8/1/20151 8/1/20161 1.11111.11 Oct 1st- Oct 12th- Nov 1st- ' Nov 16th- Dec 1st- Dec 14th- Jan 1st- Jan 18th- Feb 1st- Feb 15th- March 1st- March 14th- April 1st- April 18th- City of Elgin 2016 Neighborhood Street Resurfacing Program Days Start End Oct 11th Oct 31st Nov 15th Nov 30th Dec 13th Dec 31st Jan 17th Jan 31st Feb 14th Feb 29th March 13th March 31st April 17th April 30th Project Duration 502 3/2/2015 8/1/2016 , ,�, . �,� „ „, :. .,2ta? Kickoff Meeting with City 1 3/2/2015 3/2/2015 Pavement Cores 15 3/3/2015 3/18/2015 Inspection of Project Location 32 3/9/2015 4/10/2015 Scope of Work Refinement 5 4/6/2015 4/11/2015 Preliminary Construction Documents(Plans,Specs&Estimates) 32 4/13/2015 5/15/2015 Agency Coordination/City Review 13 5/18/2015 5/31/2015 Final Construction Documents(Plans,Specs&Estimates) 18 6/1/2015 6/19/2015 Final City Review 8 6/22/2015 6/30/2015 Project Advertisement 14 7/6/2015 7/20/2015 Open Bids 1 7/21/2015 7/21/2015 Award Construction Contract 1 7/29/2015 7/29/2015 Construction 350 8/1/2015 0/1/2016 ,. ��,. .. P�., - � » ti. Ai , May 1st May 16th June 1st June 13th July 1st July 13th Aug 1st Aug 17th- Sept 1st- Sept 14th• Oct 1st- Oct 12th- Nov 1st- Dec 1st- City of Elgin 2016 Neighborhood Street Resurfacing Program Days Start End May 15th May 31st June 12th June 30th July l21h July 31st Aug,16th Aug 31st Sept 13th Sept 30th Oct 11th Oct 31st Nov 30th Dec 13th Project Duration 502 3/2/2015 8/1/2016 `; / Kickoff Meeting with City 1 3/2/2015 3/2/2015 - Pavement Cores 15 3/3/2015 3/18/2015 Inspection of Project Location 32 3/9/2015 4/10/2015 Scope of Work Refinement 5 4/6/2015 4/11/2015 Preliminary Construction Documents(Plans,Specs&Estimates) 32 4/13/2015 5/15/2015 Agency Coordination/City Review 13 5/18/2015 5/31/2015 _ Final Construction Documents(Plans,Specs&Estimates) 18 6/1/2015 6/19/2015 Final City Review 8 6/22/2015 6/30/2015 Project Advertisement 14 7/6/2015 7/20/2015 Open Bids 1 7/21/2015_ 7/21/2015 Award Construction Contract 1 7/29/2015 7/29/2015 Construction 350 8/1/2015 8/1/2016 Page 1 of 1 ATTACHMENT C DETAILED COST BREAKDOWN DETAILED COST BREAKDOWN COST ESTIMATE OF CONSULTANT SERVICES FIRM HR Green Inc. DATE 01/07/15 Project City of Elgin IN-HOUSE Outside SERVICES %OF ITEM MANHOURS FEE DIRECT Direct BY TOTAL GRAND COSTS Costs OTHERS TOTAL Preliminary Design Project Kickoff Meeting 14 2,462.00 46.00 2,508.00 0.78% Inspection of Project Location 244 32,875.00 410.00 10,000.00 43,285.00 13.49% Scope of Work Refinement 40 5,966.00 5,966.00 1.86% Preliminary Construction Documents 124 16,452.00 16,452.00 5.13% Agency Coordination 12 1,670.00 1,670.00 0.52% Final Construction Documents 60 8,362.00 8,362.00 2.61% Bidding Bid Forms,Notices and Addenda 30 4,992.00 375.00 5,367.00 1.67% Prepare&Coordinate Advertisement 12 1,540.00 23.00 1,563.00 0.49% Pre-Bid Meeting 12 2,292.00 46.00 2,338.00 0.73% Bid Opening 12 2,292.00 46.00 2,338.00 0.73% Evaluate Bids&Bid Recommendation 14 2,140.00 2,140.00 0.67% Bid Tabulations 8 940.00 940.00 0.29% Preparation of Final Contracts 47 7,029.00 90.00 7,119.00 2.22% Construction Services Project Start-up 80 9,200.00 360.00 9,560.00 2.98% Construction Engineering 1,288 155,216.00 10,140.00 20,000.00 185,356.00 57.77% Meetings 74 13,592.00 13,592.00, 4.24% Administration/Coordination 52 7,670.00 7,670.00 2.39% Project Closeout 40 4,600.00 4,600.00 1.43% TOTALS 2,163 279,290.00 11,071.00 465.00 30,000.00 320,826.00 100.00% I-4-31._. H R Green HR GREEN, INC. Billing Rate Schedule Effective January 1, 2015 Professional Services Billing Rate Range Principal $185-$260 Senior Professional $150-$210 Professional $110- $170 Junior Professional $80- $125 Senior Technician $80- $120 Technician $50- $95 Senior Field Personnel $100- $160 Field Personnel $70- $115 Junior Field Personnel $50- $90 Administrative Coordinator $35-$110 Administrative $40- $90 Corporate Admin $55- $100 Reimbursable Expenses 1. All materials and supplies used in the performance of work on this project will be billed at cost plus 10%. 2. Auto mileage will be reimbursed per the standard mileage reimbursement rate established by the Internal Revenue Service. Survey and construction vehicle mileage will be reimbursed on the basis of$0.85 per mile or$65.00 per day. 3. Charges for sub-consultants will be billed at their invoice cost plus 15%. 4. A rate of$6.00 will be charged per HR Green labor hour for a technology and communication fee. 5. All other direct expenses will be invoiced at cost plus 10%. ATTACHMENT D SUBCONSULTANT AGREEMENT f Q rub n ENGINEERING INC. January 6, 2015 To: Jeffrey Strzalka, P.E. Re: Proposal — Pavement Cores Project Engineer Neighborhood Resurfacing HR Green, Inc. City of Elgin 420 N. Front Street McHenry, Illinois 60050 Proposal No. Q14.315 P: 815.759.8359 F: 815.385.1781 Via email: jstrzalka(a�hrgreen.com Dear Mr. Strzalka, Rubino Engineering, Inc. (Rubino) is pleased to submit the following proposal to provide pavement coring services for the above referenced project. Rubino received a request for proposal from you via e-mail on December 12, 2014. PROJECT UNDERSTANDING Rubino understands that 60 pavement cores are requested to identify the depth of the existing asphalt pavement and aggregate subbase. Information received: Should any of the information on which this proposal has been based, including as described above, be inconsistent with the planned construction, Rubino requests to be contacted immediately in order to make any necessary changes to this proposal and scope of work. SCOPE OF SERVICES The following sections outline the scope of services developed based on the information provided by the client and the information listed above in order to provide a coring exploration for the planned project. The exploration will be performed in general accordance with both the requested proposal information and Rubino's current understanding of the project. Number of Pavement Cores To obtain data to evaluate the pavement and aggregate sub-base material and thickness within the defined area, Rubino proposes to perform pavement cores as specified below. Number of Pavement Sub-Base Stone Cores Thickness Location Determination? 60 Yes See location diagram Rubino Engineering,Inc.•665 Tollgate Rd.•Unit H•Elgin,IL 60123•847-931-1555•847-931-1560(Fax) City of Elgin Pavement Cores January 6,2015 Rubino Proposal No:Q14.315 Page 2 of 7 Core Locations Based on current site topography, surface conditions and project discussions, Rubino anticipates that the proposed coring locations will be performed within the existing roadway. LOCATION MAP A LOCATION MAP B CITY OF ELGIN NEIGHBORHOOD RESURFACING CITY OF ELGIN NE IGHBORHOOD RESURFACING J.^w.Pxt J t 1021°. *iah ,,T brvti .n.Art 4 µa t• Pg1 ED tPa rat••,.ars f w. •ai ti . - <� rrlb tt e P ' v KWIC M# M4'' e b • h. rtY N• a g V C Y ,.a. t 1 Kiq,�,, —' ER p,.wanes PM+i.'la ' ,V 14 hl * tspa � �. '"41.,� t ,t W 1 _ t . ,' 1 '4 Na .r .k� SJi aN ax V.3,4 UKvaj e. PROJECT LOCATION PROJECT LOCATION(SHADED N RED) Utility Locate Rubino will coordinate contacting the Utility "One-Call" for public utility clearance prior to the start of coring activities. It is Rubino's experience that this service does not mark the locations of privately owned utilities. This proposal is based on private utility lines and other subsurface appurtenances being located in the field by others prior to our mobilization. Site Access and Traffic Control Traffic control will consist of cones and approach signage, as applicable. Flaggers are not anticipated for this project but can be provided for an additional fee. Completion of Cores Upon completion of coring, the core holes will be backfilled with soil cuttings and capped with asphalt cold patch. Some damage to ground surface may result from the drilling operations Rubino Engineering,Inc. City of Elgin Pavement Cores January 6,2015 Rubino Proposal No:Q14.315 Page 3 of 7 near the work areas and along ingress/egress pathways. Rubino will attempt to minimize such damage, but no restoration other than backfilling the core holes is included. It should be noted that over time, some settlement may occur in the core hole. If Rubino is requested to return to the site for the purpose of filling any core holes that may have settled, additional time and material charges may apply. CORING REPORT Upon completion of field and laboratory work, Rubino will prepare a coring report using the collected data. The coring report will include the following: • Summary of client-provided project information and report basis • Location map of core locations • Tabular summary of pavement and aggregate base thickness • Photographic documentation of pavement material. An electronic copy of the report will be provided. The report will be addressed to HR Green. PROJECT SCHEDULE Rubino proposes to initiate work on this project within 3 working days after receiving written authorization to proceed and we will follow the schedule below in order to complete the project: Task Number of Working Days Field work 10 Preparation of the Core Report 5 Project schedules can be affected by weather conditions and changes in scope. If the report needs to be delivered by a specific day, please notify us as soon as possible. Preliminary verbal recommendations can be made to appropriate parties upon completion of the field investigation and laboratory testing. Rubino will need to receive a signed copy of this proposal intact prior to mobilizing the drill rig. FEES Rubino proposes to charge the fee for performance of the outlined scope of services on a lump- sum basis. Based on the scope of services outlined above, the fee will be 60 cores x$150/ core = $9,000.00 Traffic control = $1,000 / day (estimate 1 day) Coring must be performed at temperatures greater than 20 degrees Fahrenheit. Please see the attached fee schedule for additional unit rates for services requested after issuing the coring report (drawing / spec review, scope or site layout change, etc.). Rubino Engineering,Inc. City of Elgin Pavement Cores January 6,2015 Rubino Proposal No:Q14.315 Page 4 of 7 Scope Limitations Project services do not include a site evaluation to determine the presence or absence of wetlands, hazardous substances, or toxic materials. Should conditions be encountered which require a deepening of corings or additional investigation, Rubino will notify you to discuss modifying the outlined scope of services. Additional work beyond the lump-sum fee will not be performed without your prior authorization. AUTHORIZATION If this proposal is acceptable to you, Rubino will perform the work in accordance with the attached General Conditions that are incorporated into and made a part of this proposal. Please sign below as notice to proceed and return one copy of this proposal intact to our office. Rubino will proceed with the work upon receipt of authorization. Rubino appreciates the opportunity to offer our services for this project and we look forward to working with your company. Please contact Rubino with questions pertaining to this proposal or requests for additional services. Respectfully submitted, RUBINO ENGINEERING, INC. • 4111 RUBINO ENGINEERING,INC.IS: Michelle A. Lipinski, PE AN AASHTO-ACCREDITED LABORATORY President IDOT PREQUALIFIED 708-214-2425 cell IDOT DBE-CERTIFIED(100%WOMAN-OWNED) michelle.lipinski c(�rubinoenq.com Attachments: Proposal Acceptance and Data Sheet Schedule of Services and Fees General Conditions **This is an electronic copy. Hard Copies of this proposal are available upon request. Rubino Engineering,Inc. City of Elgin Pavement Cores January 6,2015 Rubino Proposal No:Q14.315 Page 5 of 7 PROPOSAL ACCEPTANCE: AGREED TO, THIS DAY OF , 2014. BY (please print): TITLE: COMPANY: SIGNATURE: PROJECT INFORMATION: 1. Project Name: 2. Project Location: 3. Your Job No: Purchase Order No.: 4. Project Manager: Telephone No.: 5. Site Contact: Telephone No.: 6. Number and Distribution of Reports: ( ) Copies To: ( ) Copies To: Attn: Attn: Email: Email: ( ) Copies To: ( ) Copies To: Attn: Attn: Email: Email: 7. Invoicing Address: Attn: Email: 8. Other Pertinent Information Or Previous Subsurface Information Available: Rubino Engineering,Inc. City of Elgin Pavement Cores January 6,2015 Rubino Proposal No:Q14.315 Page 6 of 7 Rubino Engineering,Inc. 2014 Schedule of Geotechnical Services&Fees ENGINEERING Professional and Technical Services for site evaluation,field supervision, analysis of test data and engineering recommendations and consultation: Project Engineer/Manager Per Hour $ 125.00 Engineering Technician Per Hour $ 89.00 Lab Technician Per Hour $ 70.00 LABORATORY TESTING Moisture Content Test/Visual Classification Each $ 6.00 Atterberg Limits Determination(LL, PL) Each $ 55.00 Combined Hydrometer&Sieve Analysis Each $ 110.00 Sieve Analysis(washed) Each $ 75.00 REMARKS 1) All fees and services are provided in accordance with the attached Rubino General Conditions. 2) Unit prices/rates are in effect for 12 months from the date of this proposal and are subject to change without notice thereafter. Overtime rates are applicable for services performed in excess of 8 hours per day Monday through Friday, before 8:00 AM or 3) after 5:00 PM,and for all hours worked on Saturdays, Sundays and holidays.The overtime rate is 1.5 times the applicable hourly rate. 4) All rates are billed on a portal-to-portal basis. 5) Standby time due to delays beyond Rubino's control will be charged at the applicable hourly rate. 6) Transportation and per diem are charged at the applicable rates. 7) Rates involving mileage(including transportation, mobilization,vehicle and trip charges)are subject to change based upon increases in the national average gasoline price. 8) A minimum charge of 4 hours applies to field testing and observation services. Scheduling or cancellation of field testing and observation services is required no less than the working day prior to the date the 9) services are to be performed.Services cancelled without advance and/or inadequate notice will be assessed a minimum charge of 4 hours. 10) For all Rubino services,a project management/engineering review charge will be billed for all reports issued for the scheduling/supervision of personnel and the evaluation/review of data and reports. 11) The minimum billing increment for time is a half hour. 12) A project set-up charge of a minimum of two hours applies to all projects. 13) Professional services rates are exclusive of expert deposition or testimony time. 14) Drilling and field service rates are based on OSHA Level D personnel protection. 15) For sites where drilling is to occur that are not readily accessible to a truck mounted drill rig, rates for rig mobility,site clearing, crew stand-by time,etc.will be charged as applicable. 16) If applicable the prevailing wage fees charged under this agreement will be adjusted if there is any change in the applicable prevailing wage rate established by the Illinois Department of Labor. 17) Services and fees not listed on this schedule may be quoted on request. Rubino Engineering,Inc. City of Elgin Pavement Cores January 6,2015 Rubino Proposal No:Q14.315 Page 7 of 7 GENERAL CONDITIONS 1.PARTIES AND SCOPE OF WORK: Rubino Engineering,Inc.shall indude said company or its particular division,subsidiary or affiliate performing the work. "Work"means the specific geotechnical, analytical,testing or other service to be performed by Rubino Engineering,Inc.as set forth in Rubino Engineering,Inc.'s proposal,Client's acceptance thereof and these General Conditions. Additional work ordered by Client shall also be subject to these General Conditions. 'Client"refers to the person or business entity ordering the work to be done by Rubino Engineering,Inc. If Client is ordering the work on behalf of another,Client represents and warrants that it is the duly authorized agent of said party for the purpose of ordering and directing said work. Unless otherwise staled in writing,Client assumes sole responsibility for determining whether the quantity and the nature of the work ordered by the client is adequate and sufficient for Client's intended purpose. Client shall communicate these General Conditions to each and every third party to whom Client transmits any part of Rubino Engineering,Inc.'s work. Rubino Engineering,Inc.shall have no duty or obligation to any third party greater than that set forth in Rubino Engineering,Inc.'s proposal,Client's acceptance thereof and these General Conditions. The ordering of work from Rubino Engineering,Inc.,or the reliance on any of Rubino Engineering,Inc.'s work,shall constitute acceptance of the terms of Rubino Engineering,Inc.'s proposal and these General Conditions,regardless of the terms of any subsequently issued document 2.TESTS AND INSPECTIONS: Client shall cause all tests and inspection of the site,materials and work performed by Rubino Engineering,Inc.or others to be timely and properly performed in accordance with the plans,specifications and contract documents and Rubino Engineering,Inc.'s recommendations. No claims for loss,damage or injury shall by brought against Rubino Engineering,Inc. by Client or any third party unless all tests and inspections have been so performed and unless Rubino Engineering,Inc.'s recommendations have been followed. Client agrees to indemnify,defend and hold RUBINO ENGINEERING,INC.,its officers,employees and agents harmless from any and all claims,suits,losses,costs and expenses,including,but not limited to,court costs and reasonable attorney's fees in the event that all such tests and inspections are not so performed or Rubino Engineering,Inc.'s recommendations are not so followed except to the extent that such failure is the result of the negligence,willful or wanton act of omission of Rubino Engineering,Inc.,its officers,agents or employees,subject to the limitation contained in paragraph 9. 3.SCHEDULING OF WORK: The services set forth in Rubino Engineering,Inc.'s proposal and Client's acceptance will be accomplished in a timely,workmanlike and professional manner by RUBINO ENGINEERING,INC.personnel at the prices quoted. If Rubino Engineering,Inc.is required to delay commencement of the work or if,upon embarking upon its work,Rubino Engineering,Inc.is required to stop or interrupt the progress of its work as a result of changes in the scope of the work requested by Client,to fulfill the requirements of third parties,interruptions in the progress of construction,or other causes beyond the direct reasonable control of Rubino Engineering,Inc.,additional charges will be applicable and payable by Client 4.ACCESS TO SITE: Client will arrange and provide such access to the site as is necessary for Rubino Engineering,Inc.to perform the work. Rubino Engineering,Inc.shall take reasonable measures and precautions to minimize damage to the site and any improvements located thereon as the result of its work or the use of its equipment;however,Rubino Engineering,Inc.has not induded in its fee the cost of restoration of damage which may occur. If Client desires or requires Rubino Engineering,Inc.to restore the site to its former condition,upon written request Rubino Engineering,Inc.will perform such additional work as is necessary to do so and Client agrees to pay Rubino Engineering,Inc.for the cost. 5.CLIENT'S DUTY TO NOTIFY ENGINEER: Client represents and warrants that it has advised Rubino Engineering,Inc.of any known or suspected hazardous materials,utility lines and pollutants at any site at which Rubino Engineering,Inc.is to do work hereunder,and unless Rubino Engineering,Inc.has assumed in writing the responsibility of locating subsurface objects,structures,lines or conduits. Client agrees to defend,indemnify and save Rubino Engineering,Inc.harmless from all claims,suits,loses costs and expenses,including reasonable attorney's fees as a result of personal injury,death or property damage occurring with respect to Rubino Engineering,Inc.'s performance of its work and resulting to or caused by contact with subsurface of latent objects,structures,lines or conduits where the actual or potential presence and location thereof were not revealed to Rubino Engineering,Inc.by Client 6.RESPONSIBILITY: Rubino Engineering,Inc.'s work shall not indude determining,supervising or implementing the means,methods,techniques,sequences or procedures of construction. Rubino Engineering,Inc.shall not be responsible for evaluating,reporting or affecting job conditions concerning health,safety or welfare. Rubino Engineering,Inc.'s work or failure to perform same shall not in any way excuse any contractor,subcontractor or supplier from performance of its work in accordance with the contract documents. Rubino Engineering,Inc.has no right or duty to stop the contractor's work. 7.SAMPLE DISPOSAL: Unless otherwise agreed in writing,test specimens or samples will be disposed immediately upon completion of the test. All drilling samples or specimens will be disposed sixty (60)days after submission of Rubino Engineering,Inc.'s report. 8.PAYMENT: Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within thirty(30)days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause in writing with said thirty(30)day period at the rate of eighteen(18)percent per annum(or the maximum interest rate permitted under applicable law),until paid. Client agrees to pay Rubino Engineering,Inc.'s cost of collection of all amounts due and unpaid after sixty(60)days,including court costs and reasonable attorney's fees. Rubino Engineering,Inc.shall not be bound by any provision or agreement requiring or providing for arbitration or disputes or controversies arising out of this agreement,any provision wherein Rubino Engineering,Inc.waives any rights to a mechanics'lien,or any provision conditioning Rubino Engineering,Inc.'s right to receive payment for its work upon payment to Client by any third party. These General Conditions are notice,where required,that Rubino Engineering,Inc.shall file a lien whenever necessary to collect past due amounts. Failure to make payment within thirty(30) days of invoice shall constitute a release of Rubino Engineering,Inc.from any and all claims which Client may have,whether in tort,contract or otherwise and whether known or unknown at the time. 9.WARRANTY: RUBINO ENGINEERING,INC.'S SERVICES WILL BE PERFORMED,ITS FINDINGS OBTAINED AND ITS REPORTS PREPARED IN ACCORDANCE WITH ITS PROPOSAL, CLIENT'S ACCEPTANCE THEREOF,THESE GENERAL CONDITIONS AND WITH GENERALLY ACCEPTED PRINCIPLES AND PRACTICES. IN PERFORMING ITS PROFESSIONAL SERVICES, RUBINO ENGINEERING,INC.WILL USE THAT DEGREE OF CARE AND SKILL ORDINARILY EXERCISED UNDER SIMILAR CIRCUMSTANCES BY MEMBERS OF ITS PROFESSION. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS,EITHER EXPRESSED OR IMPLIED. STATEMENTS MADE IN RUBINO ENGINEERING,INC.REPORTS ARE OPINIONS BASED UPON ENGINEERING JUDGMENT AND ARE NOT TO BE CONSTRUED AS REPRESENTATIONS OF FACT. SHOULD RUBINO ENGINEERING,INC.OR ANY OF ITS PROFESSIONAL EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF ITS WORK,OR TO HAVE MADE AND BREACHED ANY EXPRESSED OR IMPLIED WARRANTY,REPRESENTATION OR CONTRACT,CLIENT,ALL PARTIES CLAIMING THROUGH CLIENT AND ALL PARTIES CLAIMING TO HAVE IN ANY WAY RELIED UPON RUBINO ENGINEERING,INC.'S WORK,AGREE THAT THE MAXIMUM AGGREGATE AMOUNT OF THE LIABILITY OF RUBINO ENGINEERING,INC.,ITS OFFICERS,EMPLOYEES AND AGENTS SHALL BE LIMITED TO$25,000.00 OR THE TOTAL AMOUNT OF THE FEE PAID TO RUBINO ENGINEERING,INC.FOR ITS WORK PERFORMED WITH RESPECT TO THE PROJECT,WHICHEVER AMOUNT IS GREATER. NO ACTION OR CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE, MAY BE BROUGHT AGAINST RUBINO ENGINEERING, INC., ARISING FROM OR RELATED TO RUBINO ENGINEERING,INC.'S WORK,MORE THAN TWO(2)YEARS AFTER THE CESSATION OF RUBINO ENGINEERING,INC.'S WORK HEREUNDER. 10.INDEMNITY: Subject to the foregoing limitations,Rubino Engineering,Inc.agrees to indemnify and hold Client harmless from and against any and all claims,suits,costs and expenses induding reasonable attorney's fees and court costs arising out of Rubino Engineering,Inc.'s negligence to the extent of RUBINO ENGINEERING,INC.'s negligence. Client shall provide the same protection to the extent of its negligence. In the event that Client or Client's principal shall bring any suit,cause of action,daim or counterclaim against Rubino Engineering,Inc.,the party initiating such action shall pay to Rubino Engineering,Inc.the costs and expenses incurred by Rubino Engineering,Inc.to investigate,answer and defend it,induding reasonable attorney's and witness fees and court costs to the extent that Rubino Engineering,Inc.shall prevail in such suit 11.TERMINATION: This Agreement may be terminated by either party upon seven(7)days'prior written notice. In the event of termination,Rubino Engineering,Inc.shall be compensated by Client for all services performed up to and including the termination date,including reimbursable expenses and for the completion of such services and records as are necessary to place Rubino Engineering,Inc.'s files in order and/or protect its professional reputation. 12.EMPLOYEESIWITNESS FEES: Rubino Engineering,Inc.'s employees shall not be retained as expert witnesses except by separate written agreement Client agrees to pay Rubino Engineering, Inc.'s legal expenses,administrative costs and fees pursuant to Rubino Engineering,Inc.'s then current fee schedule for Rubino Engineering,Inc.to respond to any subpoena. Client agrees not to hire Rubino Engineering,Inc.'s employees except through Rubino Engineering,Inc. In the event Client hires a Rubino Engineering,Inc.employee,Client shall pay Rubino Engineering,Inc.an amount equal to one-half of the employee's annualized salary,with Rubino Engineering,Inc.waiving other remedies it may have. 13.HAZARDOUS MATERIALS: Nothing contained within this agreement shall be construed or interpreted as requiring Rubino Engineering,Inc.to assume the status of an owner,operator,generator, storer,transporter,treater or disposal facility as those terms appear within RCRA of within any Federal or State statute or regulation governing the generation,transportation,treatment,storage and disposal of pollutants. Client assumes full responsibility for compliance with the provisions of RCRA and any other Federal or State statute or regulation governing the handling,treatment,storage and disposal of pollutants. 14.PROVISIONS SEVERABLE: The parties have entered into this agreement in good faith and it is the specific intent of the parties that the terms of the General Conditions be enforced as written. In the event any of the provisions of these General Conditions should be found to be unenforceable,it shall be stricken and the remaining provisions shall be enforceable. 16.ENTIRE AGREEMENT: This agreement constitutes the entire understanding of the parties,and there are no representations,warranties or undertakings made other than as set forth herein. This agreement may be amended,modified or terminated only in writing,signed by each of the parties hereto. Rubino Engineering,Inc. EXHIBIT 1 PROJECT LOCATION MAPS ELGIN HRGreen THE CITY IN THE SUBURBS" LOCATION MAP A CITY OF ELGIN NORTHEAST 2016 NEIGHBORHOOD STREET RESURFACING - J N ��Q NORTH SHORE RD '°t°.►exa F Chi �� o ;11%11111 III1111111111111I111111Ui1IIIIj1111I �- �0P ° / ifI1/=11111111= ;I 1lliiiiiii I111ii11iiiiiZ i N 1 Ito o° ." s/ iff n� .I 11 111111111111 1111111111111111. II d oo��,,oP �.. .� HI1111� . ° o`` o >>.. . ,�.•wair -I:ttlla:...liiiliallIIIIIIIiiiiilillulliiiiiiii �� �� �� - ,. N. 111.111M11 NNW/ .� 1.■n'..."%11111i111 111111/11 Es\Ae": -V:-.-- ir,,,..,*-,5,,,... IE I'm k -- - - it i.„ .........r4 ry ..- IRE 1 wog i_I zililm ---1 --tn =2:a� at .. 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A"111 ■11 5 g1llfiIll /1111111111 40,1 �x � i .•--,Illnleill 11111.111W MB 1111= �.bi1 ■in 1■ ails ian. rr4 I, l,LvA■ • 1 ■a anS 111111 ii1111-1111111C , �;,ililt: Illi) Alit: II1i11lhlii IIIIIIIIL - a.� 1► ! ■ Ii 11111 111U i is aiitu u� 111111� = 1= ,al = 1 Illi : 0 _ I, v ,. .1 , ij_ 1i. - ■tl!i•/!I",lrIT!iw ■� ,a•_ ■■e■ ■.IiuiI MIN II =.....uour 4 Streets Included: Glenwood Ave-Sherwood Ave to Dundee Ave Cedar Ave-Lincoln Ave to Congdon Ave Glenwood Trail-Duncan Ave to Sherwood Ave Bellevue Ave- Lincoln Ave to Congdon Ave Oakhill Rd-Duncan Ave to Dundee Ave Keep Ave-Dundee Ave to East of Preston Ave River Bluff Rd-Duncan Ave to Dundee Ave Page Ave-Dundee Ave to East of Preston Ave Congdon Ave-Logan Ave to West of Hiawatha Dr Slade Ave-Dundee Ave to East of Preston Ave Slade Ave-Logan Ave to Dundee Ave Chester Ave-Dundee Ave to East of Preston Ave Sherwood Ave-Congdon Ave to Trout Park Blvd Lincoln Ave-Dundee Ave to East of Preston Ave Morton Ave-Cooper Ave to Oakhill Rd Columbia Ave-Dundee Ave to Arrowhead Dr Hill Ave-Dead end to North of River Bluff Rd Porter St-Columbia Ave to Chester Ave Hill Ave-Chester Ave to Columbia Ave Polly Ct- North of Cooper Ave Logan Ave-Lincoln Ave to Congdon Ave Preston Ave-Congdon Ave to Columbia Ave Cooper Ave-Dundee Ave to Hiawatha Dr y 1-H3 ELGIN THE CITY IN THE SUBURBS H RGreen LOCATION MAP B CITY OF ELGIN NORTHWEST 2016 NEIGHBORHOOD STREET RESURFACING )'404-UF$RD i.` "Ti +� N ■ . it ..— ..,..logi1111,ur/ssu1/rar rr \3 :::) ` ?a�\11111 /11T1.11 ft bttes: s ':a/PA wtn111! 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'11 ., gist I 'MAR.Ar A g� tilt a% ��Pb►-%Ti `,..4 le m••mi.._ • ----...1 rte- Streets Included: Jansen Farm Drive-Big Timber Rd to Cul-de-sac Pappas Dr-Lockman Cir to Sheffield Dr Jansen Farm Ct-Jansen Farm Drive to Cul-de-sac Lockman Cir- Lyle Ave-Big Timber Rd to Creekside Cir South Madlock Ct- Lockman Circle to Cul-de-sac Monday Drive-Lyle Ave to End North Madlock Ct-Lockman Circle to Cul-de-sac Monday Ct- Monday Dr to Cul-de-sac Creekside Cir- Kingman Drive-Kyle Ave to Kingman Ct Creekside Ct-Lyle Ave to Creekside Cir Kingman Ct- Kingman Dr to Cul-de-sac Devonshire Ct-Devonshire Cir to Cul-de-sac Murcer Ln-Monday Dr to Kyle Ave Devonshire Cir- Banks Dr- Monday Dr to Lockman Cir Forest Dr-Sheffield Dr to McLean Blvd Sheffield Dr- Lyle Ave to Devonshire Cir Cambridge Dr-Todd Farm Drive to Todd Farm Drive Pappas Ct-Sheffield Dr to Cul-de-sac Todd Farm Drive- Big Timber Rd to McLean Blvd Sheffield Ct-Sheffield Dr to Cul-de-sac Brookwood Ct-Devonshire Cir to Cul-de-sac