HomeMy WebLinkAbout22-123 c
Resolution No. 22-123
RESOLUTION
AUTHORIZING EXECUTION OF A LOCAL PUBLIC AGENCY ENGINEERING
SERVICES AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR
PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE 2022 FAR
WEST RESURFACING PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS,that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk,be and are
hereby authorized and directed to execute a Local Public Agency Engineering Services Agreement
on behalf of the City of Elgin with Engineering Enterprises, Inc., for professional engineering
services in connection with the 2022 far west resurfacing project, a copy of which is attached
hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: July 13, 2022
Adopted: July 13, 2022
Vote: Yeas: 7 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
OOT Illinois Department Local Public Agency
of Transportation Engineering Services Agreement
Agreement For A reement Ty e
Using Federal Funds?❑ Yes ® No I MFT CE Original
LOCAL PUBLIC AGENCY
Local Public Agency County Section Number Job Number
Elgin Kane 22-00196-00-RS N/A
Project Number Contact Name Phone Number Email
N/A Max Heidgen (847) 214-5416 heidgen_m@cityofelgin.org
SECTION PROVISIONS
Local Street/Road Name Key Route Len th Structure Number
Various Local Roads N/A 2.36 Miles N/A
Location Termini
Add Location
See attached location map. Remove Location
Project Description
The proposed improvements consist of pavement patching, pavement milling, hot-mix asphalt resurfacing,
preparation of base, aggregate subgrade improvement, removal and disposal of unsuitable materials, curb and
gutter removal and replacement, sidewalk removal and replacement, structure adjustments, restoration, traffic
control and all other ancillary work to complete the project.
Engineering Funding ❑ MFT/TBP ® State ❑ Other Rebuild Illinois Grant
Anticipated Construction Funding ❑ Federal ❑ MFT/TBP ® State ❑ Other Rebuild Illinois Grant
AGREEMENTFOR
® Phase III -Construction Engineering
CONSULTANT
Prime Consultant Firm Name Contact Name Phone Number Email
Engineering Enterprises, Inc. Chris Ott (630) 466-6757 cott@eeiweb.com
Address Cit State ZipCode
52 Wheeler Road Sugar Grove IL 60554
THIS AGREEMENT IS MADE between the above Local Public Agency(LPA)and Consultant(ENGINEER)and covers certain
professional engineering services in connection with the improvement of the above SECTION. Project funding allotted to the LPA by the
State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the"DEPARTMENT,"will be
used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS.
Since the services contemplated under the AGREEMENT are professional in nature, it is understood that the ENGINEER, acting as an
individual, partnership, firm or legal entity, qualifies for professional status and will be governed by professional ethics in its relationship to
the LPA and the DEPARTMENT. The LPA acknowledges the professional and ethical status of the ENGINEER by entering into an
AGREEMENT on the basis of its qualifications and experience and determining its compensation by mutually satisfactory negotiations.
WHEREVER IN THIS AGREEMENT or attached exhibits the following terms are used,they shall be interpreted to mean:
Regional Engineer Deputy Director, Office of Highways Project Implementation, Regional Engineer, Department of
Transportation
Resident Construction Supervisor Authorized representative of the LPA in immediate charge of the engineering details of the
construction PROJECT
In Responsible Charge A full time LPA employee authorized to administer inherently governmental PROJECT activities
Contractor Company or Companies to which the construction contract was awarded
Completed06/17/22 Page 1 of 10 BLR 05530(Rev.05/17/22)
AGREEMENT EXHIBITS
The following EXHIBITS are attached hereto and made a part of hereof this AGREEMENT:
® EXHIBIT A: Scope of Services
® EXHIBIT B: Project Schedule
® EXHIBIT C: Qualification Based Selection(QBS)Checklist
® EXHIBIT D: Cost Estimate of Consultant(CECS)Services Worksheet(BLR 05513 or BLR 05514)
❑ EXHIBIT : Direct Costs Check Sheet(attach BDE 436 when using Lump Sum on Specific Rate Compensation)
® Exhibit E: Location Map
® Exhibit F: Rubino Proposal
I. THE ENGINEER AGREES,
1. To perform or be responsible for the performance of the Scope of Services presented in EXHIBIT A for the LPA in connection
with the proposed improvements herein before described.
2. The Classifications of the employees used in the work shall be consistent with the employee classifications and estimated staff
hours. If higher-salaried personnel of the firm, including the Principal Engineer, perform services that are to be performed by
lesser-salaried personnel,the wage rate billed for such services shall be commensurate with the payroll rate for the work
performed.
3. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or
corrections required as a result of the ENGINEER'S error, omissions or negligent acts without additional compensation.
Acceptance of work by the LPA or DEPARTMENT will not relieve the ENGINEER of the responsibility to make subsequent
correction of any such errors or omissions or the responsibility for clarifying ambiguities.
4. That the ENGINEER will comply with applicable Federal laws and regulations, State of Illinois Statutes, and the local laws or
ordinances of the LPA.
5. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LPA.
6. To invoice the LPA,The ENGINEER shall submit all invoices, based on the ENGINEER's progress reports,to the LPA employee
In Responsible Charge, no more than once a month for partial payment on account for the ENGINEER's work to date. Such
invoices shall represent the value,to the LPA of the partially completed work, based on the sum of the actual costs incurred, plus
a percentage(equal to the percentage of the construction engineering completed)of the fixed fee for the fully completed work.
7. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of
this AGREEMENT.The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of US
Department of Transportation(US DOT)assisted contract. Failure by the Engineer to carry out these requirements is a material
breach of this AGREEMENT,which may result in the termination of this AGREEMENT or such other remedy as the LPA deems
appropriate.
8. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties
without written consent of the LPA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished
by the ENGINEER shall be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT.
9. For Construction Engineering Contracts:
(a)For Quality Assurance services, provide personnel who have completed the appropriate STATE Bureau of Materials
QC/QA trained technical classes.
(b)For all projects where testing is required,the ENGINEER shall obtain samples according to the STATE Bureau of
Materials"Manual of Test Procedures for Materials,"submit STATE Bureau of Materials inspection reports; and
verify compliance with contract specifications.
10. That engineering services shall include all equipment, instruments, supplies,transportation and personnel required to perform the
duties of the ENGINEER in connection with this AGREEMENT(See DIRECT COST tab in BLR 05513 or BLR 05514).
II. THE LPA AGREES,
1. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the
Professional Services Selection Act(50 ILCS 510)(Exhibit C).
2. To furnish the ENGINEER all presently available survey data,plans, specifications, and project information.
3. For Construction Engineering Contracts:
(a)To furnish a full time LPA employee to be In Responsible Charge authorized to administer inherently governmental
PROJECT activities.
(b)To submit approved forms BC 775 and BC 776 to the DEPARTMENT when federal funds are utilized.
4. To pay the ENGINEER:
(a)For progressive payments-Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the
LPA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be
equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER.
(b) Final payment-Upon approval of the work by the LPA but not later than 60 days after the work is completed and
reports have been made and accepted by the LPA and DEPARTMENT a sum of money equal to the basic fee as
Completed06/17/22 Page 2 of 10 BLR 05530(Rev.05/17/22)
determined in this AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER
shall be due and payable to the ENGINEER.
(c) For Non-Federal County Projects-(605 ILCS 5/5-409)
(1) For progressive payments-Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the
LPA, monthly payments for the work performed shall be due and payable to the ENGINEER. Such payments to be
equal to the value of the partially completed work in all previous partial payments made to the ENGINEER.
(2)Final payment-Upon approval of the work by the LPA but not later than 60 days after the work is completed and
reports have been made and accepted by the LPA and STATE, a sum of money equal to the basic fee as
determined in the AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER
shall be due and payable to the ENGINEER.
5. To pay the ENGINEER as compensation for all services rendered in accordance with the AGREEMENT on the basis of the
following compensation method as discussed in 5-5.10 of the BLR Manual.
Method of Compensation:
❑ Percent
❑ Lump Sum
❑ Specific Rate
® Cost plus Fixed Fee: Fixed
Total Compensation = DL+ DC+OH+FF
Where:
DL is the total Direct Labor,
DC is the total Direct Cost,
OH is the firm's overhead rate applied to their DL and
FF is the Fixed Fee.
Where FF=(0.33+ R) DL+%SubDL,where R is the advertised Complexity Factor and%SubDL is 10%profit
allowed on the direct labor of the subconsultants.
The Fixed Fee cannot exceed 15%of the DL+OH.
Field Office Overhead Rates: Field rates must be used for construction engineering projects expected to exceed one
year in duration or if the construction engineering contract exceeds$1,000,000 for any project duration.
6. The recipient shall not discriminate on the basis of race, color, national original or sex in the award and performance of any US
DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take
all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of US
DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by US DOT, is
incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms
shall be treated as violation of this AGREEMENT. Upon notification to the recipient of its failure to carry out its approved program,
the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.0 3801 et seq.).
Ill. IT IS MUTUALLY AGREED,
1. To maintain,for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to
verify the amount, recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all
books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General,
and the DEPARTMENT;the Federal Highways Administration(FHWA)or any authorized representative of the federal
government, and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents
required by this section shall establish a presumption in favor of the DEPARTMENT for the recovery of any funds paid by the
DEPARTMENT under the contract for which adequate books,records and supporting documentation are not available to support
their purported disbursement.
2. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or
negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LPA,the DEPARTMENT,
and their officers, agents and employees from all suits, claims, actions or damages liabilities, costs or damages of any nature
whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy.
The LPA will notify the ENGINEER of any error or omission believed by the LPA to be caused by the negligence of the
ENGINEER as soon as practicable after the discovery.The LPA reserves the right to take immediate action to remedy any error
or omission if notification is not successful; if the ENGINEER fails to reply to a notification; or if the conditions created by the error
or omission are in need of urgent correction to avoid accumulation of additional construction costs or damages to property and
reasonable notice is not practicable.
3. This AGREEMENT may be terminated by the LPA upon giving notice in writing to the ENGINEER at the ENGINEER's last known
post office address. Upon such termination,the ENGINEER shall cause to be delivered to the LPA all drawings, plats,surveys,
reports, permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data
Completed06/17/22 Page 3 of 10 BLR 05530(Rev.05/17/22)
' if any from soil survey and subsurface investigation with the understanding that all such materials becomes the property of the
LPA. The LPA will be responsible for reimbursement of all eligible expenses incurred under the terms of this AGREEMENT up to
the date of the written notice of termination.
4. In the event that the DEPARTMENT stops payment to the LPA,the LPA may suspend work on the project. If this agreement is
suspended by the LPA for more than thirty(30)calendar days, consecutive or in aggregate, over the term of this AGREEMENT,
the ENGINEER shall be compensated for all services performed and reimbursable expenses incurred prior to receipt of notice of
suspension. In addition, upon the resumption of services the LPA shall compensate the ENGINEER,for expenses incurred as a
result of the suspension and resumption of its services, and the ENGINEER's schedule and fees for the remainder of the project
shall be equitably adjusted.
5. This AGREEMENT shall continue as an open contract and the obligations created herein shall remain in full force and effect until
the completion of construction of any phase of professional services performed by others based upon the service provided
herein.All obligations of the ENGINEER accepted under this AGREEMENT shall cease if construction or subsequent
professional services are not commenced within 5 years after final payment by the LPA.
6. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or
negligent act in the prosecution of the ENGINEER's work and shall indemnify and have harmless the LPA,the DEPARTMENT,
and their officers, employees from all suits, claims, actions or damages liabilities, costs or damages of any nature whatsoever
resulting there from.These indemnities shall not be limited by the listing of any insurance policy.
7. The ENGINEER and LPA certify that their respective firm or agency:
(a)has not employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any
firm or person(other than a bona fide employee working solely for the LPA or the ENGINEER)to solicit or secure
this AGREEMENT,
(b)has not agreed, as an express or implied condition for obtaining this AGREEMENT,to employ or retain the services
of any firm or person in connection with carrying out the AGREEMENT or
(c)has not paid, or agreed to pay any firm, organization or person(other than a bona fide employee working solely for
the LPA or the ENGINEER)any fee, contribution,donation or consideration of any kind for, or in connection with,
procuring or carrying out the AGREEMENT.
(d)that neither the ENGINEER nor the LPA is/are not presently debarred, suspended, proposed for debarment,
declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency,
(e)has not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered
against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or
performing a public(Federal, State or local)transaction;violation of Federal or State antitrust statutes or commission
of embezzlement,theft,forgery, bribery,falsification or destruction of records, making false statements or receiving
stolen property.
(f) are not presently indicated for or otherwise criminally or civilly charged by a government entity(Federal, State, or
local)with commission of any of the offenses enumerated in paragraph(e)and
(g)has not within a three-year period preceding this AGREEMENT had one or more public transaction(Federal, State,
local)terminated for cause or default.
Where the ENGINEER or LPA is unable to certify to any of the above statements in this clarification, an explanation shall be
attached to this AGREEMENT.
8. In the event of delays due to unforeseeable causes beyond the control of and without fault or negligence of the ENGINEER no
claim for damages shall be made by either party.Termination of the AGREEMENT or adjustment of the fee for the remaining
services may be requested by either party if the overall delay from the unforeseen causes prevents completion of the work within
six months after the specified completion date. Examples of unforeseen causes included but are not limited to: acts of God or a
public enemy; acts of the LPA, DEPARTMENT<or other approving party not resulting from the ENGINEER's unacceptable
services;fire; strikes;and floods.
If delays occur due to any cause preventing compliance with the PROJECT SCHEDULE,the ENGINEER shall apply in writing to
the LPA for an extension of time. If approved,the PROJECT SCHEDULE shall be revised accordingly.
9. This certification is required by the Drug Free Workplace Act(30 ILCS 580). The Drug Free Workplace Act requires that no
grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of
any property or service from the DEPARTMENT unless that grantee or contractor will provide a drug free workplace. False
certification or violation of the certification may result in sanctions including, but not limited to suspension of contract or grant
payments,termination of a contract or grant and debarment of the contracting or grant opportunities with the DEPARTMENT for
at least one(1)year but not more than(5)years.
For the purpose of this certification, "grantee"or"Contractor"means a corporation, partnership or an entity with twenty-five(25)
or more employees at the time of issuing the grant or a department,division or other unit thereof, directly responsible for the
specific performance under contract or grant of$5,000 or more from the DEPARTMENT, as defined the Act.
The contractor/grantee certifies and agrees that it will provide a drug free workplace by:
(a)Publishing a statement:
(1)Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a
controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace.
(2)Specifying the actions that will be taken against employees for violations of such prohibition.
(3) Notifying the employee that, as a condition of employment on such contract or grant,the employee will:
(a)abide by the terms of the statement; and
(b)notify the employer of any criminal drug statute conviction for a violation occurring in the workplace
no later than five(5)days after such conviction.
Completed06/17/22 Page 4 of 10 BLR 05530(Rev.05/17/22)
r
(b) Establishing a drug free awareness program to inform employees about:
(1)The dangers of drug abuse in the workplace;
(2)The grantee's or contractor's policy to maintain a drug free workplace;
(3)Any available drug counseling, rehabilitation and employee assistance program; and
(4)The penalties that may be imposed upon an employee for drug violations.
(c) Providing a copy of the statement required by subparagraph(a)to each employee engaged in the performance of the
contract or grant and to post the statement in a prominent place in the workplace.
(d)Notifying the contracting or granting agency within ten(10)days after receiving notice under part(b)paragraph (3)of
subsection(a)above from an employee or otherwise receiving actual notice of such conviction.
(e)Imposing a sanction on,or requiring the satisfactory participation in a drug abuse assistance or rehabilitation
program.
(f)Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is
required and indicating that a trained referral team is in place.
Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act,
the ENGINEER, LPA and the DEPARTMENT agree to meet the PROJECT SCHEDULE outlined in EXHIBIT B.Time is of the
essence on this project and the ENGINEER's ability to meet the PROJECT SCHEDULE will be a factor in the LPA selecting the
ENGINEER for future projects.The ENGINEER will submit progress reports with each invoice showing work that was completed
during the last reporting period and work they expect to accomplish during the following period.
10. Due to the physical location of the project, certain work classifications may be subject to the Prevailing Wage Act(820 ILCS
130/0.01 et seq).
11. For Construction Engineering Contracts:
(a)That all services are to be furnished as required by construction progress and as determined by the LPA employee In
Responsible Charge. The ENGINEER shall complete all services herein within a time considered reasonable to the
LPA, after the CONTRACTOR has completed the construction contract.
(b)That all field notes, test records and reports shall be turned over to and become the property of the LPA and that
during the performance of the engineering services herein provided for, the ENGINEER shall be responsible for any
loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such
loss or damage shall be restored at the ENGINEER's expense.
(c)That any difference between the ENGINEER and the LPA concerning the interpretation of the provisions of this
AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the
ENGINEER, one member appointed by the LPA,and a third member appointed by the two other members for
disposition and that the committee's decision shall be final.
(d)That in the event that engineering and inspection services to be furnished and performed by the LPA(including
personnel furnished by the ENGINEER)shall, in the opinion of the STATE be incompetent employed on such work
at the expense of the LPA.
(e)Inspection of all materials when inspection is not provided a the sources by the STATE Central Bureau of Materials,
and submit inspection reports to the LPA and STATE in accordance with the STATE Central Bureau of Materials
"Project Procedures Guide"and the policies of the STATE.
AGREEMENT SUMMARY
Prime Consultant(Firm) Name I TIN/FEIN/SS Number Agreement Amount
Engineering Enterprises, Inc. 36-3150869 $130,042.00
Subconsultants TIN/FEIN/SS Number Agreement Amount
Rubino Engineering, Inc. 80-0450719 $10,634.00
Subconsultant Total $10,634.00
Prime Consultant Total $130,042.00
Total for all work $140,676.00
Completed06/17/22 Page 5 of 10 BLR 05530(Rev.05/17/22)
AGREEMENT SIGNATURES
Executed by the LPA: Local Public Agenc Ty a Local Public A en
Attest: The City of Ogin
B Si nature&Date Bv i nature&Date
July 13, 2022 G my 13, 2022
Local Public Aaencv Local Public Agency Type Title
City Clerk I Richard G. Kozal, City Manager
(SlEAQ
Executed by the ENGINEER:
Prime Consultant Firm Name
Attest: Engineering Enterprises, Inc.
B Si nature&Date B (Signature&Date /
Title Title
Chief Operating Officer/President Project Manager
APPROVED:
Re ional En ineer Department of Transportation(Signature&Date
Completed06117122 Page 6 of 10 BLR 05530(Rev.05/17/22)
Local Public Agency Prime Consultant Firm Name County Section Number
Elgin Engineering Enterprises, Inc. Kane 22-00196-00-RS
EXHIBIT A
SCOPE OF SERVICES
To perform or be responsible for the performance of the engineering services for the LPA, in connection with the PROJECT herein before
described and enumerated below
The City of Elgin requires Construction Engineering Services for the City's 2022 Far West Area Resurfacing
Project. A map of the roadways to be included in the program can be found in Attachment E of this proposal. The
following streets will be included as part of this program:
• Atwell Street- Chalkstone Avenue to Springside Drive
• College Green Drive - Randall Road to Muirfield Circle
• Longcommon Parkway - Waterford Road to Bowes Road
• Moonlight Drive - Gansett Parkway to Atwell Street
• Muirfield Circle - College Green Drive to College Green Drive
• Rumsford Boulevard - Pawtucket Avenue to Atwell Street
• Springside Drive - Atwell Street to Atwell Street
Our scope of services will include the following:
Project Management and Administration
• Project Management
• Prepare for, Attend and Facilitate the Preconstruction Meeting Including Preparation of Meeting Minutes
• QC Plan and Material Submittal Review
• Resident Notifications (2 Total; English and Spanish)
o Overall Project Information and General Schedule
o Loss of Driveway Access for PCC Replacement
• Coordinate Improvements with Kane County Division of Transportation
• Attend Weekly Construction Progress Meetings
Construction Layout
• Layout Removal Limits for PCC Sidewalk, Driveways & Curb and Gutter
• Layout Removal Limits for HMA Items
Construction Observation and Documentation
• Provide Full-Time Resident Engineer for On-Site Observation
• Monitor Adherence to Specifications and Construction Schedule
• Daily Documentation of Work Tasks and Calculation of Installed Pay Items
• Gather Material Inspection and Coordinate Any Required Testing on Behalf of the City
• Communicate Daily Activities to the City via Email and Salesforce
• Perform Punch List Inspections and Coordinate Punch List Improvements with Contractor
Pay Estimates
• PrepareNerify Pay Estimates
• Process any Required Change Orders
Project Closeout
• Process Required IDOT Documents for MFT Construction Section
The following scope of services will be provided by EEI's subconsultants:
• Material Testing (Rubino)
o HMA Nuclear Density Testing
o PCC Air, Slump, and Compressive Strength Testing
Completed06/17/22 Page 7 of 10 BLR 05530(Rev.05/17/22)
Local Public Agency Prime Consultant Firm Name County Section Number
Elgin Engineering Enterprises, Inc. Kane 22-00196-00-RS
EXCLUSIONS
The above scope of services excludes the following:
• Attendance at City Council Meeting
• Topographic Field Survey and/or Record Drawings
Completed06/17/22 Page 8 of 10 BLR 05530(Rev.05/17/22)
i
Local Public Agency Prime Consultant Firm Name County Section Number
Elgin Engineering Enterprises, Inc. Kane 22-00196-00-RS
EXHIBIT B
PROJECT SCHEDULE
1. Target Bid Opening: 7/8/2022
2. Award Construction Contract: 7/27/2022
3. Pre-Construction Meeting: 8/1/2022
4. Start of Construction: 8/8/2022
5. Substantial Completion: 10/28/2022
6. Final Completion: 11/11/2022
7. Project Closeout: March 2023
Completed06/17/22 Page 9 of 10 BLR 05530(Rev.05/17/22)
Local Public Agency Prime Consultant Firm Name County Section Number
Elgin Engineering Enterprises, Inc. Kane 22-00196-00-RS
Exhibit C
Qualification Based Selection(QBS)Checklist
The LPA must complete Exhibit D. If the value meets or will exceed the threshold in 50 ILCS 510, QBS requirements must be followed.
Under the threshold, QBS requirements do not apply.The threshold is adjusted annually. If the value is under the threshold with federal
funds being used,federal small purchase guidelines must be followed.
❑ Form Not Applicable(engineering services less than the threshold)
Items 1-13 are required when using federal funds and QBS process is applicable. Items 14-16 are required when
using State funds and the QBS process is applicable.
No Yes
1 Do the written QBS policies and procedures discuss the initial administration(procurement, management ❑ ❑
and administration)concerning engineering and design related consultant services?
2 Do the written QBS policies and procedures follow the requirements as outlined in Section 5-5 and ❑ ❑
specifically Section 5-5.06(e)of the BLRS Manual?
3 lWas the scope of services for this project clearly defined? ❑ ❑
4 Was public notice given for this project? ❑ ❑
5 Do the written QBS policies and procedures cover conflicts of interest? ❑ ❑
Do the written QBS policies and procedures use covered methods of verification for suspension and El El6 debarment?
7 Do the written QBS policies and procedures discuss the methods of evaluation? ❑ ❑
Project Criteria Weighting
8 Do the written QBS policies and procedures discuss the method of selection? ❑ I ❑
Selection committee titles for this ro'ect
Top three consultants ranked for this project in order
1
2
3
9 Was an estimated cost of engineering for this project developed in-house prior to contract negotiation? ❑ ❑
10 Were negotiations for this project performed in accordance with federal requirements. ❑ ❑
11 JWere acceptable costs for this project verified? ❑ ❑
12 Do the written QBS policies and procedures cover review and approving for payment, before forwarding ❑ ❑
the request for reimbursement to IDOT for further review and approval?
Do the written QBS policies and procedures cover ongoing and finalizing administration of the project
13 (monitoring, evaluation, closing-out a contract, records retention, responsibility, remedies to violations or ❑ ❑
breaches to a contract, and resolution of disputes)?
14 QBS according to State requirements used? ❑
15 Existing relationship used in lieu of QBS process? ❑
16 LPA is a home rule community(Exempt from QBS). ❑
Completed06117/22 Page 10 of 10 BLR 05530(Rev.05/17/22)
EXHIBIT D
\�1�J IIIr101S Dial ti172f1t COST ESTIMATE OF CONSULTANT SERVICES(CECS)WORKSHEET
`' TIOftatlOn FIXED RAISE
Local Public Agency County Section Number
City of Elgin Kane 22-00196 00 RS
Prime Consultant Firm Name Prepared By Date
Engineering Enterprises,Inc. ChristopherJ.Ott � 1 6/9/2022
Consultant/Subconsultant Name Job Number
N/A
Note: This is name of the consultant the CECS is being completed
for. This name appears at the top of each tab.
Remarks
PAYROLL ESCALATION TABLE
CONTRACT TERM 9 MONTHS OVERHEAD RATE 192.72%
START DATE 7/1/2022 COMPLEXITY FACTOR 0
RAISE DATE 2128I2023 % RAISE
END DATE 3/31/2023
ESCALATION PER YEAR
%of
Year First Date Last Date Months Contract
0 7/1/2022 2/28/2023 8 88.893/
1 3/1/2023 3/31/2023 1 11.33%
The total escalation= 0.22% BLR 05514(Rev.05/27/22)
Printed 6/10/2022 3:08 PM ESCALATION
Page 1 of 6
Local Public Agency County Section Number
lCity of Elgin lKane 22-00196-00-RS
Consultant / Subconsultant Name Job Number
N/A
PAYROLL RATES
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET FIXED RAISE
MAXIMUM PAYROLL RATEI 78.00
ESCALATION FACTORI 0.22%
IDOT
CLASSIFICATION PAYROLL RATES CALCULATED RATE
ON FILE
E-4 Senior Principal $88.92 $78.00
E-3 Principal $71.21 $71.37
E-2 Senior Project Manager $65.10 $65.24
E-1 Project Manager $52.76 $52.88
P-6 Senior Project Engineer/Planner/Surveyor II $45.03 $45.13
P-4 Project Engineer/Planner/Surveyor $34.23 $34.31
T-6 Senior Project Technician II $46.76 $46.86
T-5 Senior Project Technician 1 $41.85 $41.94
T-4 Project Technician $36.75 $36.83
T-3 Senior Technician $28.07 $28.13
T-2 Technician $24.04 $24.09
1-1 Engineering/Land Surveying Intern $18.00 $18.04
A-3 Adminstrative Assistant $33.03 $33.10
BLR 05514(Rev. 05/27/22)
Printed 6/10/2022 3:08 PM RATES
Page 2 of 6
Local Public Agency County Section Number
City of Elgin Kane 22-00196-00-RS
Consultant/Subconsultant Name Job Number
N/A
SUBCONSULTANTS
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS)WORKSHEET
Contribution to Prime
NAME Direct Labor Total Consultant
Total 0.00 0.00
NOTE: Only subconsultants who fill out a cost estimate that splits out direct labor may be listed on
this sheet.
BLR 05514(Rev.05/27/22)
Printed 6/10/2022 3:08 PM SUBS
Page 3 of 6
Local Public Agency County Section Number
City of Elgin JKane 22-00196-00-RS
Consultant/Subconsultant Name Job Number
N/A
DIRECT COSTS WORKSHEET
List ALL direct costs required for this project. Those not listed on the form will not be eligible for reimbursement by the LPA on this project.
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES(CECS)WORKSHEET
CONTRACT
ITEM ALLOWABLE QUANTITY RATE TOTAL
Lodging Actual Cost $0.00
(per GOVERNOR'S TRAVEL CONTROL BOARD (Up to state rate maximum
Lodging Taxes and Fees Actual Cost $0.00
(per GOVERNOR'S TRAVEL CONTROL BOARD
Air Fare Coach rate,actual cost,requires minimum two weeks' $0.00
notice,with prior IDOT approval
Vehicle Mileage Up to state rate maximum $0.00
(per GOVERNOR'S TRAVEL CONTROL BOARD
Vehicle Owned or Leased $32.50/half day(4 hours or less)or$65/full day 75 $65.00 $4,875.00
Vehicle Rental Actual Cost(Up to$55/day) $0.00
Tolls Actual Cost $0.00
Parking Actual Cost $0.00
Overtime Premium portion(Submit supporting documentation) $0.00
Shift Differential Actual Cost(Based on firm's policy) $0.00
Overnight Delivery/Postage/Courier Service Actual Cost(Submit supporting documentation) $0.00
Copies of Deliverables/Mylars(In-house) Actual Cost(Submit supporting documentation) $0.00
Copies of Deliverables/Mylars(Outside) Actual Cost(Submit supporting documentation) $0.00
Project Specific Insurance Actual Cost $0.00
Monuments(Permanent) Actual Cost $0.00
Photo Processing Actual Cost $0.00
2-Way Radio(Survey or Phase III Only) Actual Cost $0.00
Telephone Usage(Traffic System Monitoring Only) Actual Cost $0.00
CADD Actual Cost(Max$15/hour) $0.00
Web Site Actual Cost(Submit supporting documentation) $0.00
Advertisements Actual Cost(Submit supporting documentation) $0.00
Public Meeting Facility Rental Actual Cost(Submit supporting documentation) $0.00
Public Meeting Exhibits/Renderings&Equipment Actual Cost(Submit supporting documentation) $0.00
Recording Fees Actual Cost $0.00
Transcriptions(specific to project) Actual Cost $0.00
Courthouse Fees Actual Cost $0.00
Storm Sewer Cleaning and Televising Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00
Traffic Control and Protection Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00
Aerial Photography and Mapping Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00
Utliity Exploratory Trenching Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00
Testing of Soil Samples Actual Cost $0.00
Lab Services Actual Cost(Provide breakdown of each cost) $0.00
Equipment and/or Specialized Equipment Rental Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00
TOTAL DIRECT COSTS: $4,875.00
BLR 05514(Rev.05/27122)
Printed 6/10/2022 3:08 PM DIRECT COSTS
Page 4 of 6
Local Public Agency County Section Number
City of Elgin Kane 22-00196-00-RS
Consultant/Subconsultant Name Job Number
N/A
AVERAGE HOURLY PROJECT RATES
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES(CECS)WORKSHEET
SHEET 1 OF 1
Project Management 8 Construction Observation&
PAYROLL AVG TOTAL PROD.RATES Administration Construction Layout Documentation Pay Estimates Project Closeout
HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd
CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg
E-4 Senior Principal 78.00 16.0 154% 120 8 7.41% 5.78 4 667% 5.20 4 7.14% 5.57
E-3 Principal 71.37 0.0
E-2 Senior Project Manager 65.24 0.0
E-1 Project Manager 52.88 108.0 10.36% 5.48 60 55.56% 29.38 1 8 11.11% 5.88 16 2.14% 1.13 12 20.00% 10.58 12 21.43% 11.33
P-6 Senior Project Engineer/Planner/Surveyor II 45.13 0.0
P-4 Project Engineer/Planner/Surveyor 34.31 898.0 86.18% 1 29.57 32 1 29.63% 10.16 64 88.89% 3049 730 1 97.86% 33.57 36 1 60.00% 20.58 36 64.29% 2205.
T-6 Senior Project Technician II 46.86 0.0
T-5 Senior Project Technician 1 41.94 0.0
T-4 Project Technician 36.83 0.0
T-3 Senior Technician 28.13 0.0
T-2 Technician 24.09 1 0.0
I-1 Engineering/Land Surveying Intern 18.04 0.0
A-3 Adminstrative Assistant 33.10 20.0 1.92% 0.64 8 7.41% 2.45 8 13.33% 4.41 4 7.14% 2.36
0.0
a
0.0
0.0
0.0
00
0.0
0.0
00
00
00
00
ao
00
TOTALS 1042.0 100% $36.88 1 108.0 1 100.00%1$47 77 72.0 100% $36,371 746.0 100% $34.70 60.0 100% 1 $40.77 56.0 100-,fi $41.32
Printed 6/10/2022 3:08 PM BLR 05514(Rev.05/27/22)
Page 5 of 6 AVG 1
Local Public Agency County Section Number
City of Elgin lKane 22-00196-00-RS
Consultant I Subconsultant Name Job Number
NIA
COST ESTIMATE WORKSHEET
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES(CECS)WORKSHEET
OVERHEAD RATE 192.72% COMPLEXITY FACTOR�O
OVERHEAD S FRINGE SERVICES BY %OF GRAND
TASK STAFF HOURS PAYROLL BENEFITS DIRECT COSTS FIXED FEE OTHERS TOTAL TOTAL
Project Management&Administration 108 5,159 9,943 $4,875.00 1,703 21,680 15A1%
Construction Layout 72 2,619 5,047 864 8,530 6,06%
Construction Observation&Documentation 746 25,889 49,894 8,544 10,634 94.961 67,50%
Pay Estimates 60 2,446 4,715 807 7,968 5,66%
Project Closeout 56 2,314 4,459 764 7,537 5,36%
Subconsultant DL 0 -
TOTALS 1042 38,427 1 74.058 1 4,875 12,682 1 10,634 140,676 1 100.007
112.485
BLR 05514(Rev.05/27/22)
Printed 6/10/2022 3:08 PM COST EST
Page 6 of 6
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DATE:
Engineering Enterprises, Inc. JANUARY 2022 ATTACHMENT E
52 Wheeler Road N
PROJECT No.: Eczios LOCATION MAP Sugar Grove, Illinois 60554 BY: MJT ,
(630) 466-6700 PAT": j
H:'AI3WUBLICIEEGIN1202, E LG I N
www.eeiweb.com FLEE:
EG2106_Elpin l03]Ro.tlw.y Propr.m M%D THE CITY IN THE SUBURBS"
rub'
mnu
ENGINEERING INC. PROPOSAL
June 10, 2022
To: Chris Ott Re: QA Construction Material Testing Services
Project Manager 2022 Far Westside Resurfacing Program
Engineering Enterprises, Inc Elgin, Illinois
52 Wheeler Road
Sugar Grove, Illinois Proposal No. Q22.283
P: 630.466.6757
Via email: cott(a)eeiweb.com
Dear Mr. Ott,
Rubino Engineering, Inc. is pleased to submit the following proposal to provide QA and construction material
testing and inspection services for the above referenced project.
PROJECT UNDERSTANDING
Rubino Engineering, Inc.received material quantities from you via email on June 9,2022 and the following outlines
our understanding of the requested scope of services:
General Scope of Services
BITUMINOUS PAVING AND EXTERIOR CONCRETE
■ QA Field testing of uncured concrete—Slump, air, temperature, and casting of cylinders
■ QA Laboratory testing of cured concrete—Strength
■ QA Field testing of hot mix asphalt(HMA)—Density by the nuclear method
■ QA Laboratory testing of HMA—Bulk SG, Max SG, and Loss on Ignition
Extras
■ Sample pickups/Deliveries to Rubino's Laboratory (Concrete Cylinders or HMA Lab)
■ Re-inspection for failed tests
■ Work areas not ready for inspection at the time scheduled
■ Delays by the contractor
■ Cancellations
■ Overtime
■ Any services not described and listed above
Rubino Engineering, Inc. proposes to provide experienced, technical personnel to perform the requested testing
in general accordance with the client-provided project specifications. If any of the above information is incorrect,
please notify us or change it on the signed copy of the proposal.
Based on your email on April 29, 2022 the following summarizes our estimate for testing and is subject to change
based on final scheduling:
Material Estimated Half/Full Day
Number of trips
BITUMINOUS PAVING 6 Half(4 and 6 hours)
CONCRETE 8 Half(4 hours)
SAMPLE PICKUP Samples to be dropped off by EEI
*Portal to Portal
Rubino Engineering,Inc.•425 Shepard Drive 9 Elgin,IL 60123 9(847)931-1555 9(847)931-1560 fax
,2022 Far Westside Resurfacing in Elgin,Il—QA Construction Material Testing June 10,2022
Rubino Proposal No:Q22.283
FEES
The work will be accomplished on a cost plus fixed fee basis and will be performed pursuant to the attached
General Conditions. Copies of BLR 05514 form as well as Rubino's General Conditions are enclosed herewith
and incorporated into this proposal. The estimated budget for this project is $10,634.00.
Rubino Engineering, Inc.'s fees will be determined by the actual amount of technical time expended for this project
and the amount of laboratory testing performed by the client's request.
Rubino Engineering, Inc. will proceed with the planned work only after receiving a signed copy of this proposal.
Please complete the attached Project Data Sheet before returning the proposal to enable your file to be properly
established.
PROJECT SCHEDULING
Please book testing services prior to 4pm the day before testing is needed via our website:
https:/Irubinoeng.com/schedule-field-testing
The office and field project manager will be notified, and you will receive a confirmation
email and possibly a follow up phone call or email for additional project information.
Changes to the schedule or cancellations: scheduling(d-)rubinoena.com
Please call the office with any questions or changes to the schedule between 8am to 4pm.
CLOSING
Rubino appreciates the opportunity to offer our services for this project and we look forward to working with your
company. Please contact me with questions pertaining to this proposal or requests for additional services.
Respectfully submitted,
RUBINO ENGINEERING, INC. RUBINO ENGINEERING,INC.IS:
AN AASHTO-ACCREDITED LABORATORY
• D•
IDOT DBE-CERTIFIED(100%WOMAN-OWNED)
Michelle A. Lipinski, PE
President
michelle.lipinski(cDrubinoeng.com
Rubino Engineering,Inc. Page 2 of 6
2022 Far Westside Resurfacing in Elgin,II—QA Construction Material Testing June 10,2022
Rubino Proposal No:Q22.283
AUTHORIZATION AND PROPOSAL ACCEPTANCE
If this proposal is acceptable to you, Rubino Engineering, Inc. 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. We will proceed
with the work upon receipt of signed authorization.
AGREED TO, THIS DAY OF , 20_,
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. Page 3 0/6
2022 Far Westside Resurfacing in Elgin,11—QA Construction Material Testing June 10,2022
Rubino Proposal No:Q22.283
FEE REMARKS
1) All fees and services are provided in accordance with the attached Rubino Engineering,Inc.General Conditions.
2) Unit prices/rates are in effect for 6 months from the date of this proposal and are subject to change without notice thereafter if not noted
above.
Overtime rates are applicable for services performed in excess of 8 hours per day Monday through Friday,before 7:00 AM or after 3:00 PM,
3) and for all hours worked on Saturdays,Sundays and holidays.The overtime rate is 1.5 times the applicable hourly rate. Sundays and
holidays are double time.
4) All rates are billed on a portal-to-portal basis.
5) Standby time due to delays beyond our control will be charged at the applicable hourly rate.
6) Transportation and per diem are charged at the applicable rates per trip.
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.
g) Scheduling or cancellation of field testing and observation services is required no less than the working day prior to the date the services are
to be performed.Services cancelled without advance and/or inadequate notice will be assessed a minimum 4-hour charge.
10) For all Rubino Engineering,Inc.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.
This proposal is based on Rubino Engineering,Inc.being scheduled on an on-call basis and letters of certification will not be provided
14) unless Rubino Engineering, Inc. is notified in advance and Rubino Engineering,Inc.is scheduled for full time inspection and testing of the
area or item to be certified.
15) If special inspections are required by the city where the construction is to take place,it must be brought to the attention of Rubino
Engineering,Inc.prior to the start of construction as additional charges will apply.
16) Prevailing wage fees are subject to change based on the Illinois Department of Labor.
17) Services and fees not listed on this schedule may be quoted on request.
Rubino Engineering,Inc. Page 4 of 6
2022Far Westside Resurfacing in Elgin,11—QA Construction Material Testing June 10,2022
Rubino Proposal No:Q22.283
CllentM. 1171577 RUBINENG
ACORD CERTIFICATE OF LIABILITY INSURANCE erol/ozl0211
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 INSURENS►.AUNORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the carlfhcaM holder Is an ADDITIONAL INSURED,the polkypesl must have ADDITIONAL INSURED provisions or be endorsad.
If SUBROGATION►S WANED,slablect to the terms and condAwns of the policy,certain polkas may require an endorsement A statemerv!on
this cortahcote does not corder any rights to the certificate holder in Ilea of such andorserrnntlsl.
rRocucat Laurie Cloninger
USI Ins Srvcs LLC Euclid�Prof T.N, 630 625-5219 so 610 637-4939
2021 Spring Road,Suite IN r4mA'L Ialtrle c1onin a usl com
Oak Brook,IL 50523
312 442-TZ00 naLwt s AnoRtarrc covosAu rwc 1
Me A:RU insurance Company 13056
Iestaem rreuane a:B alddley Insuranca Company 32603
Rubino Engineering,Inc. MU r.
425 Shepard Dr
MINOR o
Elgin,IL 60123
mums E
nnsuwn r
COVERAGFZ CERTMICATE NWMER: REVISION NUMBER:
TH 5 ^S TO CERTIFY THAT THE POUrJE9 OF INSURANCE LISTED BELOW HAVE BEEN 65UED TO THE INSURED NAMED ABOI.S FOR THE POLKY PERIOD
INDICATED NOTWTHSTANDING ANY REQUIREMENT. TEIMI OR COPO(TIDNOF ANY CONTRACTOR OTHER DOCUMENT VOTH RESPECT TO WHCH THIS
CERTIFICATE NAY BE ISSUED OR MAY PERTAA TH£ a 9,FLANCE AFFORDED BY THE POLICES DESCRIBED 43REAN IS SJBIECT TO ALL THE TERIWS
EXCLUSIONS AND CONDITIONS OF SttH }01-I:£5 UMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIW3
TrntwaassalARcr D " POLICY1air ft LMTS
A X coeaanw►LomuILLnArur► PSBD0037T7 W0112021 09fflIr2M LACHoccj-w#= S1,000,000
cLAaE.YIIaE D occur OMVGL YO RLNnr, 31,000,000
UMLw An—pw-'r� 519000
PtleQa11AL A AM INJIXY $1,000,000
CZN.AGOd'GArt LYO APPIUM Pt GMOM ACOtGTt s2 000 000
RXIM❑X �— nloeuers-eOI�rOPAOG s2,000,00D
DrnLn $
A wrOmMOBLE sT^' PSAD001981 DW911211121 OWIFIM lvacLaaT s1,000.00D
IX
WOOLY a1a/RY ITrP�V t
DIMITY OF.OMNt7 9CMLOLLCD amLY a asa�l f
AUTOS ONLY AUTOSMRLD X eOowwo P"On"IYAL1T4"..ONLY µAUTOS MLY m.—dt ..
r
A X Cccun PSE0002142 10112021 09,111I202 cr- -'---,nitrvcx .000
X excess LMS a NwsaA+La DDO.00D
CL1 RULNTIONS S
A w"""coareMSAT1oR PSWD002789 0112021 09,ti1f20 X °C" DTrF
AND nar"ttRS'11A/IJTY t.L.LACK ACCI ILMT s1 000.000
ANY :rJtMtL r LR LXCr rd.rrJ UtCUrIK Y 1~
a r1�tnY,clmtR cxaLOLD� a N I
QArdebry In Mq r.L DISEASE•CA 1 D00.000
P",deb u�ar
DLSCnir-KN LCtAATIDM b.6— L L DISUSE-rOJCY LJUrr 11.000.000
B Processional AEC904730502 0112021 09XI 202 $2,000.000 each claim 1
Liability 54,000.000 annual aggr_
DESCRIrIOh Or ORRATIONS'LOCATIONS,wtnCLLS IACORD 111,Add"mmi 11—fts Sch.d111 my d rrsh�d a ems pK*a-rued,
Processional Liability is written on a'claims made'policy form.
Some or all officers are excluded from Workers Compensatlon coverage.
Contractors Pollution Liability Coverage:
Insurance Carrier•Capitol Specialty Insurance Corporation JNAIC X1032B)
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
Rubino Engineering.Inc. SHOULD ANY OF THE ABOVE OESCR6£D POLICES BE CANCELLED BEFORE
g- THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED NI
ACCORDANCE WITH THE POLICY PROVISIONS
AU"10111ux0 REPR6eRIATIM
O 1 911111 201 9 ACORD CORPORATION.All rights rasorwed.
ACORD 25 I2016O3) 1 012 The ACORO name and logo are regtstored narks of ACORD
f=IN242IM33160212 LXCAA
Rubino Engineering,Inc. Page 5 of 6
2022 Far Westside Resurfacing in Elgin,Il—QA Construction Material Testing June 10,2022
Rubino Proposal No:Q22.283
GENERAL CONDITIONS
1.PARTIES AND SCOPE OF SERVICES: Rubino Engineering,Inc.shall include said company or its particular division,subsidiary or affiliate performing the services. "Services"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 services ordered by Client shall also be subject to these General Conditions. "Client"refers to the person or business entity ordering the services to be done by Rubino Engineering,Inc. If
Client is ordering the services 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 services.Unless otherwise
stated in writing,Client assumes sole responsibility for determining whether the quantity and the nature of the services 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 services. 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 services 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 SERVICES: 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 services or if,upon embarking upon its services,Rubino Engineering,
Inc.is required to stop or interrupt the progress of its services as a result of changes in the scope of the services 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 services. 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 services or the use of its equipment;however,Rubino Engineering,Inc.has not
included 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 services 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 perform services hereunder,and unless Rubino Engineering,Inc.has assumed in writing the responsibility of locating subsurface objects,structures,lines
or conduits. Rubino Engineering,Inc.may use such information in performing its services and is entitled to rely upon the accuracy and completeness thereof. 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 and/or by any of Client's subcontractors or sub consultants
6.RESPONSIBILITY: Rubino Engineering,Inc.'s services shall not include 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,safely or welfare. Rubino Engineering,Inc.'s services or failure to perform same shall not
in anyway 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.
?.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 services performed during the preceding period. Client agrees to pay each invoice wthin 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 services 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. Release of such lien shall be given only
when payment in full has been received for services duly rendered. 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.STANDARD OF CARE: 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.
RUBINO ENGINEERING,INC.MAKES NO WARRANTIES,EITHER EXPRESS OR IMPLIED,IN CONNECTION WITH ITS SERVICES PROVIDED AS SET FORTH IN ITS PROPOSAL,CLIENT'S
ACCEPTANCE THEREOF,AND THESE GENERAL CONDITIONS. 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$10,000.00 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: To the fullest extent permitted by law,Client and Rubino Engineering,Inc.each agree to indemnify the other party and the other party's officers,directors,partners,employees,and
representatives,from and against losses,damages,and judgments arising from claims by third parties,including reasonable attorneys'fees and expenses recoverable under applicable law,but only to
the extent they are found to be caused by a negligent act,error,or omission of the indemnifying party or any of the indemnifying party's officers,directors,members,partners,agents,employees,
subcontractors,or subconsultants in the performance of services under this Agreement. If claims,losses,damages,and judgments are found to be caused by the joint or concurrent negligence of Client
and Rubino Engineering,Inc.,they shall be borne by each party in proportion to its negligence.
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. Failure of Client to make payments when due shall be cause for suspension of services or,ultimately,termination,unless and unfit Rubino
Engineering Inc.has been paid in full all amounts due for services,expenses and other related changes.
12. DISPUTE RESOLUTION: In the event of a dispute arising out of or relating to this Agreement or the services to be rendered hereunder,the Client and Rubino Engineering,Inc.agree to attempt to
resolve such disputes in the following manner: 1)The parties agree to attempt to resolve any and all unsettled claims,counterclaims,disputes and other matters in question through direct negotiations
between the appropriate representatives of each party;2)If such negotiations are not fully successful,the parties agree to submit any and all remaining unsettled claims,counterclaims,disputes and
other matters in question to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association,effective as of the date of this Agreement.
13. WITNESS 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.
14. NO HIRE: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.
15.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,
slorer,transporter,treater or disposal facility as those terms appear within RCRA,CERCLA,or 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,CERCLA,and any other Federal or State statute or regulation governing the handling,
treatment,storage and disposal of pollutants.
16.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.
17.ENTIRE AGREEMENT: This agreement constitutes the entire understanding of the parties,and there are no representations,warranfies 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. Page 6 of 6
EXHIBIT D
Ilinois DWa ltn� COST ESTIMATE OF CONSULTANT SERVICES(CECS)WORKSHEET
C Transportatiort FIXED RAISE
Local Public Agency County Section Number
2022 Elgin Far Westside Resurfacing Program Cook I ICityof Elgin
Prime Consultant Firm Name Prepared By Date
lEngineering Enterprises,Inc. I IMichelle Lf inski,P.E. 6/9/2022
Consultant/Subconsultant Name Job Number
Rubino Engineering,Inc.
Note: This is name of the consultant the CECS is being completed
for. This name appears at the top of each lab.
Remarks
PAYROLL ESCALATION TABLE
CONTRACT TERM 12 MONTHS OVERHEAD RATE 146.00%
START DATE 6" '2022 COMPLEXITY FACTOR 1 0
RAISE DATE 311/2023 %OF RAISE 1 2.00%
END DATE 6112/2023
ESCALATION PER YEAR
%Of
Year First Date Last Date Months Contract
0 6/13/2022 3/1/2023 9 75.00%
1 3/2/2023 6/1/2023 3 25.50%
The total escalation= 0.50% BLR 05514(Rev.05/27/22)
Printed 6/10/2022 1:55 PM ESCALATION
Page 1 of 13
Local Public Agency County Section Number
2022 Elgin Far Westside Resurfacing Pr Cook lCity of Elgin
Consultant / Subconsultant Name Job Number
Rubino Engineering, Inc.
PAYROLL RATES
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET FIXED RAISE
MAXIMUM PAYROLL RATEI 78.00
ESCALATION FACTOR 0.50%
IDOT
CLASSIFICATION PAYROLL RATES CALCULATED RATE
ON FILE
Material Tester 1 &2 $41.92 $42.13
Project Manager/Engineer $45.26 $45.49
Staff Engineer/Geologist/Soil Scientist $32.24 $32.40
Laboratory Staff $26.00 $26.13
Principal $70.00 $70.35
Driller $58.20 $58.49
Administrative $27.17 $27.31
BLR 05514(Rev. 05/27/22)
Printed 6/10/2022 1:55 PM RATES
Page 2 of 13
Local Public Agency County Section Number
2022 Elgin Far Westside Resurfacing Pro Cook ICity of Elgin
Consultant/Subconsultant Name Job Number
Rubino Engineering, Inc.
SUBCONSULTANTS
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES(CECS)WORKSHEET
Contribution to Prime
NAME Direct Labor Total Consultant
Total 0.00 0.00
NOTE: Only subconsultants who fill out a cost estimate that splits out direct labor may be listed on
this sheet.
BLR 05514(Rev.05/27/22)
Printed 6/10/2022 1:55 PM SUBS
Page 3 of 13
Local Public Agency County Section Number
2 22 Elgin Far Westside Resurfacing Progra Cook City of Elgin
Consultant/Subconsultant Name Job Number
Rubino Engineering,Inc.
DIRECT COSTS WORKSHEET
List ALL direct costs required for this project. Those not listed on the form will not be eligible for reimbursement by the LPA on this project.
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES(CECS)WORKSHEET
CONTRACT
ITEM ALLOWABLE QUANTITY RATE TOTAL
Lodging Actual Cost $0.00
(per GOVERNOR'S TRAVEL CONTROL BOARD U to state rate maximum
Lodging Taxes and Fees Actual Cost $0.00
(per GOVERNOR'S TRAVEL CONTROL BOARD
Air Fare Coach rate,actual cost,requires minimum two weeks' $0.00
notice,with prior IDOT approval
Vehicle Mileage
(per GOVERNOR'S TRAVEL CONTROL BOARD) Up to state rate maximum $0.00
Vehicle Owned or Leased $32.50/half day(4 hours or less)or$65/full day 14 $65.00 $910.00
Vehicle Rental Actual Cost(Up to$55/day) $0.00
Tolls Actual Cost $0.00
Parking Actual Cost $0.00
Overtime Premium portion(Submit supporting documentation) $0.00
Shift Differential Actual Cost(Based on firm's policy) $0.00
Overnight Delivery/Postage/Courier Service Actual Cost(Submit supporting documentation) $0.00
Copies of Deliverables/Mylars(In-house) Actual Cost(Submit supporting documentation) $0.00
Copies of Deliverables/Mylars(Outside) Actual Cost(Submit supporting documentation) $0.00
Project Specific Insurance Actual Cost $0.00
Monuments(Permanent) Actual Cost $0.00
Photo Processing Actual Cost $0.00
2-Way Radio(Survey or Phase III Only) Actual Cost $0.00
Telephone Usage(Traffic System Monitoring Only) Actual Cost $0.00
CADD Actual Cost(Max$15/hour) $0.00
Web Site Actual Cost(Submit supporting documentation) $0.00
Advertisements Actual Cost(Submit supporting documentation) $0.00
Public Meeting Facility Rental Actual Cost(Submit supporting documentation) $0.00
Public Meeting Exhibits/Renderings&Equipment Actual Cost(Submit supporting documentation) $0.00
Recording Fees Actual Cost $0.00
Transcriptions(specific to project) Actual Cost $0.00
Courthouse Fees Actual Cost $0.00
Storm Sewer Cleaning and Televising Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00
Traffic Control and Protection Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00
Aerial Photography and Mapping Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00
Utliity Exploratory Trenching Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00
Testing of Soil Samples Actual Cost $0.00
Lab Services Actual Cost(Provide breakdown of each cost) $0.00
Equipment and/or Specialized Equipment Rental Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00
Compression Testing of Concrete Cylinders Actual Cost 40 $17.00 $680.00
HMA Max SG&Bulk SG Actual Cost 3 $205.00 $615.00
HMA Ignition/Extraction+Sieve Analysis Actual Cost 3 $126.00 $378.00
Nuclear Density Gauge Actual Cost 6 $44.00 $264.00
TOTAL DIRECT COSTS: BLRa015� `1 REv.o z7n2)
Print 1 2 221: PM T OSTS
Page 4 of 13
Local Public Agency County Section Number
2022 Elgin Far Westside Resurfacing Pr lCook F City of Elgin
Consultant/Subconsultant Name Job Number
Rubino Engineering, Inc.
COST ESTIMATE WORKSHEET
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS)WORKSHEET
OVERHEAD RATE 146.00% COMPLEXITY FACTOR
TASK STAFF HOURS PAYROLL OVERHEAD& DIRECT COSTS FIXED FEE SERVICES BY TOTAL %OF GRAND
FRIN E BENEFIT OTHERS TOTAL
QA Material Testing 65.5 2,791 4,075 $2,847.00 921 10,634 100.00%
Subconsultant DL 0 -
TOTALS 65.5 2,791 1 4,075 2,847 921 10,634 100.00%
6 866 BLR 05514(Rev.05/27/22)
Printed 6/10/2022 1:55 PM COST EST
Page 5 of 13
Local Public Agency County Section Number
2022 Elgin Far Westside Resurfacing Pro lCook lCity of Elgin
Consultant/Subconsultant Name Job Number
Rubino Engineering, Inc.
AVERAGE HOURLY PROJECT RATES
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES(CECS)WORKSHEET
SHEET 1 OF 1
PAYROLL AVG TOTAL PROJ.RATES OA Material Testing
HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd
CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg
Material Tester 1&2 42.13 56.0 85.50% 36.02 56 85.50°: 36.02
Project Manager/Enginee 45.49 9.5 14.50% 6.60 9.5 14.50% 6.60
Staff Engineer/Geologist 32.40 0.0
Laboratory Staff 26.13 0.0
Principal 70.35 0.0
Driller 58.49 0.0
Administrative 27.31 0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
TOTALS 65.5 100% $42.62 65.5 100.00% $42.62 0.0 0% $0.00 0.0 0% $0.00 O.G 0° $0.00 0.0 0% $0.00
Printed 6/10/2022 1:55 PM BLR 05514(Rev.05/27/22)
Page 6 of 13 AVG 1