Loading...
HomeMy WebLinkAbout24-241 Resolution No. 24-241 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI & RENWICK, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE HIGHLAND AND LYLE FEDERAL-AID FUNDED INTERSECTION IMPROVEMENT PROJECT PHASE I PRELIMINARY ENGINEERING SERVICES 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 an Agreement on behalf of the City of Elgin with Hampton, Lenzini &Renwick, Inc., for professional services in connection with the Highland and Lyle Federal-Aid Funded Intersection Improvement Project Phase I Preliminary Engineering Services, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: October 23,2024 Adopted: October 23, 2024 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 23 day of October , 2024,by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Hampton, Lenzini & Renwick, Inc., a Delaware 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 the Highland and Lyle Federal-Aid Funded Intersection Improvement Project Phase I Preliminary Engineering Services(hereinafter referred to as the PROJECT); and WHEREAS, the ENGINEER represents that it is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to act for and represent it in the engineering matters involved in the PROJECT as described herein, subject to the following terms and conditions and stipulations, to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Public Services of the CITY,herein after referred to as the "DIRECTOR". B. The scope of services for the PROJECT shall include but is not limited to preliminary engineering,including environmental clearances,Project Development Report (BLR 22210), and roadway design that allows for efficient construction, minimizes environmental impacts and makes the most efficient use of available funding for the improvements at the proposed location,as shown in Attachment D, which is attached hereto and incorporated into this Agreement by this reference. C. A detailed Scope of Services to be provided by the ENGINEER for the PROJECT is attached hereto as Attachment A and incorporated into this Agreement by this reference. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided as follows: a. 10/9/2024 — Engineering Services Agreement Presented to Committee of the Whole b. 10/25/2024—Engineering Services Agreement Approval at City Council c. 11/15/2024—Final Project Development Report to IDOT(BLR 22210) d. 4/15/2025—Design Approval e. 3/6/2026—IDOT State Letting f. 4/15/2026—Construction Contract Approval at City Council B. A detailed project schedule for the PROJECT is included as Attachment B,attached hereto, and incorporated into this Agreement by this reference. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C below. C. The ENGINEER will submit to the DIRECTOR monthly a status report keyed to the project schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. 3. WORK PRODUCTS All work product prepared by the ENGINEER pursuant hereto including, but not limited to, reports, plans, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR; provided, however, that the ENGINEER may retain copies of such work product for its records. ENGINEER'S execution of this Agreement shall constitute ENGINEER'S conveyance and assignment of all right,title and interest,including but not limited to any copyright interest, by the ENGINEER to the CITY of all such work product prepared by the ENGINEER pursuant to this Agreement. The CITY shall have the right either on its own or through such other engineers as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. 4. PAYMENTS TO THE ENGINEER A. For services provided the ENGINEER shall be paid at cost plus fixed fee based on the classification of the personnel employed on this PROJECT, with the total fee not to exceed $123,190.00 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the DIRECTOR, and approved by way of written amendment to this Agreement executed by the parties. A detailed cost breakdown for the PROJECT is attached as Attachment C and incorporated into this Agreement by reference. B. For outside services provided by other firms or subconsultants,the CITY shall pay the ENGINEER only the invoiced fee to the ENGINEER. The cost of any such outside services is included within the total not-to-exceed amount of$123,190.00 provided for in Section 4A above. C. The cost of any reimbursable expenses is included within the total not-to-exceed amount of$123,190.00 provided for in Section 4A above. -2 - D. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. Date Estimated% Estimated Value of Estimated Completion Work Completed Invoice Value 12/1/2024 5% $6,159.50 $6,159.50 1/1/2025 10% $12,319.00 $6,159.50 2/1/2025 20% $24,638.00 $12,319.00 3/1/2025 30% $36,957.00 $12,319.00 4/1/2025 45% $55,435.50 $18,478.50 5/1/2025 60% $73,914.00 $18,478.50 6/1/2025 70% $86,233.00 $12,319.00 7/1/2025 _ 80% $92,552.00 $12,319.00 8/1/2025 90% $110,871.00 $12,319.00 9/1/2025 100% $123,190.00 $12,319.00 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 Section 4 above. -3 - 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 Section 6, shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. 8. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY,the ENGINEER shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party,by reason of any default,fails within fifteen(15)days after 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 Section 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 section shall survive any expiration,completion and/or termination of this Agreement. -4- 10. INDEMNIFICATION To the fullest extent permitted by law,ENGINEER agrees to and shall indemnify,defend and hold harmless the CITY,its officers,employees, agents,boards and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith,including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any action against the CITY, its officers,employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this section 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 The ENGINEER shall provide, maintain and pay for during the term of this Agreement the following types and amounts of insurance: A. Comprehensive Liability. A policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty(30)days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article 10 entitled"Indemnification"shall be provided. 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. -5 - C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability. The ENGINEER shall carry Engineers Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30)days prior written notice to the DIRECTOR. 13. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The ENGINEER shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. 14. NONDISCRIMINATION/AFFIRMATIVE ACTION The ENGINEER will not discriminate against any employer or applicant for employment because of race,color,religion,sex,national origin,age,ancestry,order of protection status,familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. ENGINEER shall take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the CITY a written commitment to comply with those provisions. ENGINEER shall distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. ENGINEER agrees that the provisions of Section 5.02.040 of the Elgin Municipal Code, 1976, as amended, is hereby incorporated by reference, as if set out verbatim. 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 race, color, religion,sex,national origin,age,ancestry,order of protection status,familial status,marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service. Any violation of this paragraph 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. -6- 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 section, sub-section,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 sections 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. -7 - 22. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 25. SEXUAL HARASSMENT As a condition of this contract,the ENGINEER shall have written sexual harassment policies that include, at a minimum,the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment,utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights,and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; and 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 -8 - Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the DIRECTOR prior to the entry into and execution of this agreement. 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. 28. NOTICES All notices,reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail,postage prepaid, addressed as follows: A. As to CITY: B. As to ENGINEER: Mike Pubentz, P.E. Amy McSwane, PE,PTOE Public Services Director Corporate Treasurer City of Elgin Hampton,Lenzini&Renwick,Inc. 150 Dexter Court 1707 N. Randall Road, Suite 100 Elgin, Illinois 60120-5555 Elgin, IL 60123 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 legally authorized to work in 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. COUNTERPARTS AND EXECUTION This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. This Agreement may be executed -9- electronically, and any signed copy of this Agreement transmitted by facsimile machine or email shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine or email shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. 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 ITY: FOR THE ENGINEER: By By: — UJa ., City Manager Name/Print: Amy McSwane Title: Corporate Treasurer es • City Clerk - 10 - ATTACHMENT A SCOPE OF SERVICES Hampton, Lenzini and Renwick, Inc. Em� It Civil Engineers • Structural Engineers • Land Surveyors • Environmental Specialists Em u www.hlrengineering corn City of Elgin Highland Avenue and Lyle Avenue Intersection Improvement Phase I Engineering Scope of Work The City of Elgin intends to construct a roundabout at the intersection of Highland Avenue and Lyle Avenue. The purpose of the project is to improve the overall safety of the intersection. The project will develop the preliminary engineering. including environmental clearances, and Project Development Report, and roadway design, that allows efficient construction, minimizes environmental impacts and makes the most efficient use of available funding. Task 1 —Field Survey HLR will conduct a topographic survey of the project limits including 1,000 feet east and west on Highland Avenue and 400 feet north and south on Lyle Avenue for the roundabout design. We will also include cross sections both within and beyond the right-of-way at 50-foot increments and at critical locations. The survey will extend 10 feet beyond the right-of-way in each direction to evaluate the roundabout. Pavement, centerline, shoulder, landscape items, as well as utilities which will include complete manhole inspections,will be included in the survey. The wetland boundaries will also be surveyed. The survey data will be in IL State Plane Coordinates East Zone NAD 83, and NAVD 88 vertical datum. We will establish accurate horizontal control points and benchmarks for use in construction. Right-of-way/Boundary Survey: The right-of-way survey will include locating necessary property corners to establish boundaries for any areas needed for temporary access easements or permanent easements. Plot Survey Data: We will plot field data collected in this task in MicroStation CAD format and prepare base plan sheets for the design of roadway improvements. Task 2—Phase I Design Engineering Services Data Collection and Project Start-up HLR will conduct a visual survey of the site through a site visit. Project photos documenting the existing conditions and possible environmental issues will be taken. HLR will review and analyze the project-related data and records provided by the City of Elgin, including the crash data and utility plans.A design-level JULIE locate will be done to determine the utilities in the area; these utility companies will be contacted for more information. Geotechnical Analysis Soil borings to 5-feet in depth will be completed by our subconsultant, Rubino Engineering, to determine the soil and pavement condition of the intersection. A detailed scope of work by Rubino is attached. Rubino anticipates the need to conduct the borings on the pavement. which will require temporary lane closures and traffic control. HLR's work efforts will include coordination of Rubino's work with the requirements of the project and review of the results of the borings. Hampton, Lenzini and Renwick, Inc. FAIt Civil Engineers • Structural Engineers • Land Surveyors • Environmental Specialists www.hlrengineering.com Prepare Environmental Sruvey Request During early coordination, HLR will submit the Environmental Survey Request (ESR) to obtain the latest natural resource information from various regulatory agencies, both federal and state. This information will be critical for the permitting phase and will be requested through correspondence. A Section 7 consultation for federally listed threatened and endangered species as required by the USFWS will be completed by HLR, this is required for the USAGE permit. Preliminary Design Studies Traffic counts at Highland Avenue and Lyle Avenue will be completed, including a 13-hour count at each intersection. HLR will prepare the preliminary design of the geometry. profile and cross sections of the intersection. The design will be shown on plan and profile sheet exhibits in the Project Development Report (PDR). HLR will prepare a maintenance-of-traffic plan. including an option for a detour plan for the closure of Lyle Avenue during construction. An engineer's opinion of probable cost for construction of the recommended improvement will be completed. A preliminary estimate of cost will be prepared for each improvement alternate to be considered in the development of the preferred alternate. Possible proposed detour routes will be coordinated with the appropriate local agencies. We will also analyze the crash data to determine any necessary safety improvements at the intersection. Data will be collected from the Elgin Police Department. Intersection Design Study(IDS) An Intersection Design Study (IDS)will be prepared for the intersection of Highland Avenue and Lyle Avenue using the traffic counts and 2050 projections calculated for the project. Drainage Design A drainage analysis of the improvement areas will be performed. The existing drainage conditions will be examined to determine the drainage patterns, the means of drainage, and outlet locations. The analysis will look to identify areas with drainage problems through the use of survey data. field investigations and any provided first hand reports. HLR will evaluate the existing storm sewer system for conveyance adequacies or areas where pipe size increases may be necessary/effective. Evaluation will be based on Bulletin 75 rainfall data, average coefficient of runoff(C value), and Time of Concentrations for each tributary area. Evaluation will be for the trunk manholes and main line storm sewer within the project limits. An analysis of the proposed system will be made using the same procedures as above. It is anticipated that improvements to the proposed system will be limited and isolated to locations with identified problems or where changes may offer significant improvements to the overall system. if applicable. The improvement area will be analyzed for opportunities to provide stormwater mitigation /water quality best management practices (BMPs). These improvements are beneficial and necessary to offset increases in the impervious area. Because the roadway improvements are often located in dense residential areas. the opportunities to provide these BMPs may be limited. Hampton, Lenzini and Renwick, Inc. ELR Civil Engineers • Structural Engineers • Land Surveyors • Environmental Specialists www.hlrengineering.com A stormwater memorandum will be prepared that summarizes the results of the drainage analysis. existing and proposed storm sewer modeling and the stormwater mitigation / water quality BMPs that are proposed as part of these improvements. Project Development Report HLR will prepare a PDR presenting the project's engineering and environmental analyses. design considerations and recommendations. The PDR will be prepared in the current IDOT BLR format and will include an estimate of cost for the recommended improvement, along with exhibits and documentation required to obtain design approval by IDOT. Task 3—Permitting Wetland Screening HLR will conduct a map review of the project. The following maps and documents will be reviewed prior to conducting the field investigation: • U.S. Geological Survey Topographic Maps • National Wetlands Inventory Maps • Kane County ADID Wetland Maps • USDA Soil Survey • Hydric Soils of the United States • Regulatory Flood Map • Kane-Du Page Soil and Water Conservation District Farm Service Agency Aerials It appears from a cursory map review that there are no wetlands mapped in the project area. Sandy Creek and associated wetlands are located north of the proposed project limits and are not included in this scope. A wetland screening letter report will be prepared summarizing the findings of the screening. Maps reviewed will be included in the report along with photographs. Tree Survey and Memorandum A Certified Arborist will conduct a tree survey of all trees 3 inches and greater within the project limits. All trees will be tied with ribbons and numbered accordingly to be surveyed by others. We will identify all trees by type, diameter, health and structure. During the tree survey we will evaluate potential bat habitat. The finding of the tree survey will be summarized in a tree memorandum. Preliminary Environmental Site Assessment(PESA) Report This scope includes completing a Preliminary Environmental Site Assessment. The PESA will be prepared using historical and geological information. The specific methods used to conduct the assessment are contained in 1) ASTM Standards E1527-13. 2) A Manual for Conducting Preliminary Environmental Site Assessments for Illinois Department of Transportation Highway Projects (Erdmann et al., 2012). 3) Special Wastes Procedures for Local Highway Improvements (IDOT Local Roads Manual. July 22, 2004). and 4) "IDOT Bureau of Design and Environment Manual (BDE Manual), Section 27-3.03 (b), October 2015). The PESA will include a database search, review of historical records, an on-site evaluation. and review of other project conditions that may give us insight into the existing environmental conditions along the route. Hampton, Lenzini and Renwick, Inc. INN Civil Engineers • Structural Engineers • Land Surveyors • Environmental Specialists �� www hlrengineering.com Once the review has been completed, a written report will be completed and submitted as documentation to the on-site analysis. This report will accompany various site photographs. maps. and the above referenced documentation, which will be utilized to assist the project evaluation and any applicable recommendations. Preliminary Environmental Site Assessment Update The Preliminary Environmental Site Assessment (PESA) is valid for a period of 6 months, we may need to update the initial PESA completed for this project. This will include ordering the environmental database record, conducting a site visit and completing a written PESA update as an addendum to the original report. Task 4—Coordination and Consultation Meetings HLR will prepare for, attend and write meeting minutes for a project kick-off meeting with City staff that will cover project schedule and submittal milestones. We will coordinate project activities with the City on an ongoing basis via phone. email and personal meetings. Following an initial kick-off meeting with City staff, HLR will meet to review and discuss analysis of intersection design alternates.to review plans for the preferred alternate, and to review the PDR and plan package before submittal to IDOT. HLR also anticipates an FHWA coordination meeting at IDOT. Public Meeting We will prepare for and attend a public information meeting to provide details about the proposed improvement to area residents and businesses. We will prepare post cards inviting the public to the meeting, advertise in the local newspaper, and provide exhibits during the meeting.. Exhibits will include the following: - Aerial strip maps - Bike and pedestrian exhibits - Project location maps - Existing and proposed cross section exhibits Crash exhibits (if needed) - Right-of-way acquisition Comments from the meeting will be compiled and a summary written and distributed to all participants. Either a newsletter or response letters will be prepared summarizing the comments received at the meeting. Task 5—Project Administration & Management/QC/QA HLR will complete in-house management of manpower and coordinate the design and plan development. A kick-off meeting will be conducted with City staff and HLR staff to determine milestone schedule. submittal requirements and project scope. The work includes the time for project-related progress reports, invoicing and filing. HLR will conduct independent QA/QC reviews to ensure that the final design and PDR meet the approval of the City of Elgin and the policy guidelines of IDOT. QA/QC will be completed by Amy McSwane for the Phase I document. ATTACHMENT B PROJECT SCHEDULE f Hampton, Lenzini and Renwick, Inc. R Civil Engineers • Structural Engineers • Land Surveyors • Environmental Specialists www.hlrengineering com Project Schedule Notice To Proceed November 1, 2024 Kickoff Meeting, Field Surveys, ESR November, 2024 Coordinate With Regulatory Agencies November, 2024-April, 2025 Submit Project Development Report for Review May, 2025 Submit Final PDR for Approval September, 2025 Design Approval November, 2025 Construction Letting March, 2026 ATTACHMENT C DETAILED COST BREAKDOWN ULR CITY OF ELGIN PHASE I ENGINEERING HIGHLAND AND LYLE ROUNDABOUT 2024 DETAILED COST BREAKDOWN Employee Classification Task Description E6 E5 E4 E3 E2 El T3 T2 T1 S;R ENV ENV Direct Costs Hours Fee 1. SURVEY AND LAND ACQUISITION SERVICES Project Administration 2 _ 2 $ 430.00 Research 0 ~_ $ - Olalain-Property-TitleSeb-plats7-deektments-(44rent-seets4 t _ 0 $ - Control/Level Circuit 20 20 $ 2.500.00 TopographiGRoute Survey 4 8 12 $ 1,440.00 Scan Data Processing 30 30 S 3,750.00 Manhole Inspection 10 10 $ 1,250.00 0 $ - Drafting/Plat Preparation 8 8 $ 1,080.00 Legal Descriptions 0 $ - Review QC/QA 2 2 $ 430.00 0 S - 0 S Appraisal 0 $ - Review-Appraisal 0 S - Negetiatiens 0 S - 2. PHASE I DESIGN ENGINEERING SERVICES Data Collection(GIS.Utility Plans,Construction Plans,Field Visit) 6 6 S 1,020.00 Geotechnical Borings(5 ft.depth at 500'C-C) 1 S 6.850.00 1 S 7.045.00 Prepare ESR and WIEs 2 16 18 S 2.630.00 Section-4E€i 0 S - Crash Analysis 2 8 10 S 1.750.00 Traffic Analysis-counted and analyzed(video processing by Sprack 2 5 S 300.00 7 S 1,540.00 Solutions LLC) Prepare Intersection Design Study 40 20 60 S 10.100.00 Prepare Geometric Study 0 S - 2/1/2024 1 of 4 CITY OF ELGIN I► AR. PHASE I ENGINEERING HIGHLAND AND LYLE ROUNDABOUT 2024 DETAILED COST BREAKDOWN Employee Classification Task Description E6 E5 E4 E3 E2 El T3 T2 TI S1R ENV ENV Direct Costs Hours Fee Memorandum of Geometric Findings 4 12 12 12 40 $ 6,480.00 Plan and Profile 4 24 28 $ 4,860.00 Typical Sections 1 4 5 $ 875.00 Cross Sections 2 12 14 $ 2,430.00 Right-of-Way Requirements 1 8 9 $ 1,555.00 Traffic Management Plan(including Detour Exhibit) 4 8 12 $ 2,140.00 Prepare Stormwater Report Review Existing Drainage Patterns 12 12 $ 2,340.00 Evaluate Existing Outlet 4 4 $ 780.00 Prepare Hydraulic Model 16 16 $ 3,120.00 Determine Underground Detention to Mitigate Added Impervious 8 8 $ 1,560.00 Prepare Stormwater Memorandum 2 6 8 $ 1,600.00 Prepare Phase I Design Report 0 $ - Cost Estimate 6 20 26 $ 4,570.00 Draft Report 2 40 40 82 $ 12,790.00 Final Report based on comments 12 12 24 $ 3,720.00 3. PERMITTING Wetland Screening and Memorandum 3 1 14 18 $ 2,475.00 Wetland-Report 0 $ - Wetland-Mitigation 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - Tree Survey 2 1 12 15 $ 2,070.00 0 $ - 0 $ - 0 $ - 2/1/2024 2 of 4 CITY OF ELGIN I►V_I PHASE I ENGINEERING HIGHLAND AND LYLE ROUNDABOUT 2024 DETAILED COST BREAKDOWN Employee Classification Task Description E6 E5 E4 E3 E2 El T3 T2 T1 S1R ENV ENV Direct Costs Hours Fee Prepare IEPA Notice of Termination I t 0 S - I 0 S - 0 S - 0 S - 0 $ - 0 $ - 0 $ - Prepare Clean Const 0 $ - 0 $ - Prepare a Preliminary Environmental Site Analysis(PESA) I 5 4 55 S 450 00 I 64 $ 9,270.00 Prepare a Preliminary Environmental Site Analysis(PESA)Update I 2 2 20 S 100.00 I 24 $ 3,430.00 4. COORDINATION AND CONSULTATION Prepare and Attend Kick-off Meeting I 3 4 I 7 $ 1,265.00 Prepare and Attend Coordination Meeting I 3 6 _ I 9 $ 1,605.00 Prepare Monthly Status Report to Client I 6 I 6 $ 1,170.00 Prepare Quarterly STP Report I 6 I 6 $ 1,170.00 0 $ Hearing) H Pr 0 $ - Prepare and attend status meetings 2 2 a 4 $ 730.00 Public Meeting 0 $ - Compile list of property owners within corridor 2 2 $ 340 00 Prepare Notification Letters, Postcards,and Newspaper 4 4 $ 680.00 Advertisements _ Prepare Exhibits 24 S 400.00 I 24 $ 4,480.00 0 � $ - Attend Public Meeting I 8 4 I 12 $ 2,240.00 2/1/2024 3 of 4 CITY OF ELGIN 111,R PHASE I ENGINEERING HIGHLAND AND LYLE ROUNDABOUT 2024 DETAILED COST BREAKDOWN Employee Classification Task Description E6 E5 E4 E3 E2 El T3 T2 TI S;R ENV ENV Direct Costs Hours Fee Prepare Summary of Public Meeting I 2 2 $ 340.00 Assemble and Prepare Response to Comments I 2 I 2 $ 340.00 Request for Information I I 0 $ - 5. QUALITY ASSURANCE AND PROJECT ADMINISTRATION Quality Assurance and Quality Control I 24 I 24 $ 4,680.00 Project Administration I 16 I 16 $ 3,120.00 Total 6 145 0 249 80 30 32 20 4 38 8 101 $ 8,100.00 713 $ 123,190.00 2/1/2024 4 of 4 rubino ENGINEERING INC. December 15, 2022 To: Amy McSwane Re: Proposal - Geotechnical Exploration Hampton Lenzini and Renwick, Inc. Proposed Highland Avenue and Lyle 380 Shepard Drive Avenue Roundabout Elgin, IL Elgin, Illinois P: 847.697.6700 Proposal No. Q22.593g Via email: amcswane a(�hlrenq.com Dear Ms. McSwane, Rubino Engineering, Inc. (Rubino) is pleased to submit the following proposal to provide geotechnical engineering services for the above referenced project. Rubino received a request for proposal from Amy McSwane of Hampton Lenzini and Renwick, Inc. via email on December 1, 2022. PROJECT UNDERSTANDING Rubino understands that Hampton Lenzini and Renwick, Inc. has requested that Rubino provide pavement cores and soil borings along Lyle Avenue in Elgin, Illinois. Rubino has previously collected pavement cores along Highland Avenue. Information received: • RFP email from Amy McSwane of Hampton Lenzini and Renwick, Inc. on December 1, 2022. • Drawing — "Highland and Lyle Roundabout", Hampton Lenzini and Renwick, Inc. on December 1, 2022. � t b \ - Rubino Engineering,Inc. •425 Shepard Drive• Elgin,IL 60123•847-931-1555• 847-931-1560(Fax) !'roposed Highland Ave and Lyle Ave Roundabout in Elgin, 1Uinou December 15,2022 Rubino Proposal No Q22 593g Page 2 of 12 Field Services Scope of Services Summary Additional Scope discussion can be found in subsequent pages of this proposal Client Notification Needed prior to Please notify Rubino if this is needed upon project mobilization authorization Field Representative Name/ Number TBD Private Utility Needed Not anticipated Site Access Open site Soil Sampling Method Proposed Track-mounted Geoprobe Drill Rig & Core Machine Traffic Control Needs Cones and signage and flaggers Boring Location Plan See below for aerial/ KMZ Soil Sampling SPT—2 '/2 ft to 10 feet Backfill Needs Cuttings, excess spoils remain on site Patching Cold Patch Site Protection or Restoration included None Groundwater Readings During drilling and upon auger removal Shallow Boring Depths To obtain data to evaluate subsurface conditions within the proposed development/construction areas. Rubino proposes the drilling scope of work as detailed below: NUMBER NUMBER OF OF CORES DEPTH SPT SOIL CLASSIFICATION WITH (FEET LOCATION SAMPLINGSHALLOW METHOD BORINGS PAVEMENT BEG*) INTERVALS THICKNESS 4 4 10 Lyle 2 'Aft to USCS Avenue 10 ft 4 4 40 Borings Cores Total Lineal Feet 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 DISCUSSION 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 geotechnical exploration 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. Site Access Based on current site topography, surface conditions, and project discussions, Rubino anticipates that the project site will be accessible to track-mounted Geoprobe drilling equipment or DCP testing with hand auger sampling and/or pick-up truck. Rubino Engineering, Inc. Proposed Highland Ave and Lyle Ave Roundabout in Elgin,Illinois December 15.2022 Rubino Proposal No.Q22.593g Page 3 of 12 Traffic Control Rubino anticipates that traffic control will be necessary along Lyle Avenue. Rubino will subcontract a traffic control company to provide an attenuator truck or a single lane closure Boring Locations The approximate proposed boring locations are shown below. Rubino recommends that the borings be located and surveyed for elevation by others prior to drilling. If the borings cannot be surveyed, Rubino will locate the borings in the field by measuring distances from known, fixed site features. rim '• a •.a •Y Al t r 1r "t I.r , -`v/ t 1: f .• ,.4,, • "Ill '4,V '. '''4)- ,4L1t ., i' b . ' .. ,r ' +ii ,•; 44 , , r'' ' z' �O IIN.Ti r j /.. �•" ,'`` ! ., • .. fir. �,y -.3.,_ _.,. . . . ,....• ,4 1 ' lb- it 1. 4. 44 l Y CB:,02 �""�'�' jT ,. ' ' r.--• ,.v., • ,,.•'�,. �r - 4 .- R� ` •�i ..A. �,a. . 4 . .: _ . . ..: , "} .` v' . . • : .t .n., • fit 4 f, �. ,`^Nl. ♦ y1 �.-sue_20ft ' , SPT - Soil Sampling Soil sampling will include split-barrel samples (ASTM D 1586) or thin-walled tube samples on cohesive soils (ASTM D 1587)at 2 '/2 -foot intervals to a depth of 10 feet. If unsuitable bearing soils are encountered within the borings as proposed herein, the borings will be extended an additional 5 feet to attempt to end the borings in suitable soils. If unsuitable soils persist at the end of an additional 5 feet the client will be contacted prior to demobilizing. Unsuitable soils will be defined by field personnel using the following criteria: • Cohesive soils with an N value less than or equal to 6. • Granular soils with an N-value less than 10. • Black cohesive or silty soil with visible signs of organic matter and / or organic odor and low blow counts as described above. Rubino Engineering,Inc. Proposed Highland Ave and Lyle Ave Roundabout in Elver. Illinois December 15,2022 Rubino Proposal No Q22.593g Page 4 of 12 Completion of Borings Upon completion of drilling,the borings will be backfilled with soil cuttings and capped with similar existing material/asphalt cold patch. Some damage to ground surface may result from the drilling operations near the work areas and along ingress/egress pathways. Rubino will attempt to minimize such damage, but no restoration other than backfilling the soil test borings is included. It should be noted that over time, some settlement may occur in the bore hole. If Rubino is requested to return to the site for the purpose of filling any bore holes that may have settled, additional time and material charges may apply. Geotechnical Laboratory Testing The soil samples obtained during the field exploration program will be transported to the laboratory for classification and a limited number of laboratory tests. The nature and extent of the laboratory testing program is at the discretion of Rubino Engineering, Inc. and will depend upon the subsurface conditions encountered during drilling. Laboratory testing will be performed in accordance with ASTM procedures and may include examination of selected samples to evaluate the soils' index properties and relative strength characteristics. Based on the proposed quantity of soil borings, anticipated depths, and project type, a list of the anticipated laboratory tests are summarized below. LABORATORY TEST ESTIMATED SAMPLE TYPE QUANTITY Atterberg Limits 2 Split spoon, bulk, or Shelby Tube Natural Moisture Content 16 Shelby Tube, Cohesive Samples Organic Content 1 Split spoon, bulk, or Shelby Tube GEO REPORT Upon completion of field and laboratory work, Rubino will prepare a geotechnical engineering report using the collected data. The geo report will include the following: • Summary of client-provided project information and report basis • Overview of encountered subsurface conditions • Overview of field and laboratory tests performed including results • Geotechnical recommendations pertaining to: • Subgrade preparation • Subgrade Stability • Estimated IBV value at each boring location • Pavement Core Summary table including photos and measurements • Construction considerations, including temporary excavation and construction control of water Rubino Engineering, Inc. Proposed Highland Ave and Lyle Ave Roundabout in Elgin.Illinois December 15,2022 Rubino Proposal No.Q22.593g Page 5 of 12 An electronic copy of the report will be provided. The report will be addressed to Hampton Lenzini and Renwick, Inc.. PROJECT SCHEDULE Rubino proposes to initiate work on this project within 5 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 Utility clearance and rig mobilization 10 — 15 Field work including site layout and drilling 5 Laboratory Testing 10 — 12 Preparation of the Geotechnical Report 10 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. UTILITY LOCATE Rubino will coordinate contacting the Utility "One-Call" for public utility clearance prior to the start of drilling activities. It is Rubino's experience that this service does not mark the locations of privately owned utilities. 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 lump-sum fee will be: Boring Layout/Utility/ PM $600.00 Lump sum Subsurface Drill Rig Mobilization, Drilling, and Cores $ 3,000.00 Lump sum Exploration Flaggers $ 1,500.00 Lump sum Lab Geotechnical Lab Tests as described above $250.00 Lump sum Reporting Preparation of the Geotechnical Report $ 1,500.00 Lump sum $6,850.00 Grand Total Please see the attached fee schedule for additional unit rates for services requested after issuing the geotechnical report (drawing / spec review, scope or site layout change, etc.). Scope Limitations Project services do not include a site evaluation to determine the presence or absence of wetlands, hazardous substances, or toxic materials. Rubino Engineering, Inc. Proposed Highland Ave and Lyle Ave Roundabout in Elgin,Illinois December 15,2022 Rubino Proposal No.Q22.593g Page 6 of 12 Rock coring is not included in the scope of this exploration,therefore, the character and continuity of refusal materials, if encountered, can be determined only with a more comprehensive scope of services. Therefore, the borings will be advanced to the depths referenced above, or to refusal, whichever is shallower. Boring, sampling and testing requirements are a function of the subsurface conditions encountered. The proposed lump-sum fee is based on the existence of adequate bearing materials being encountered within the proposed boring depths. Should conditions be encountered which require a deepening of borings 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. 1 t(440 1.94An Michelle A. Lipinski, PE Anthony . Tomaras President Project Manager RUBINO ENGINEERING,INC.IS: AN AASHTO-ACCREDITED LABORATORY IDOT PREQUALIFIED IDOT DBE-CERTIFIED(100%WOMAN-OWNED) MAL/file 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. Proposed Highland Ave and Lyle Ave Roundabout in Elgin,Illinois December 15,2022 Rubino Proposal No.Q22.593g Page 7 of 12 PROPOSAL ACCEPTANCE: AGREED TO, THIS _ DAY OF , 202 . 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. Proposed Highland Ave and Lyle Ave Roundabout in Elgin.Elinor. December 15,2022 Rubino Proposal No.Q22 593g Page 8 of 12 Rubino Engineering, Inc. 2022 Schedule of Geotechnical Services& Fees ENGINEERING Professional and Technical Services for site evaluation,field supervision,analysis of test data and engineering recommendations and consultation: Principal Engineer Per Hour $ 185.00 Project Engineer/Manager Per Hour $ 125.00 Engineering Field Technician/Field Engineer/Field Geologist Per Hour $ 95.00 Administrative Assistant Per Hour $ 65.00 SUBSURFACE EXPLORATION Mobilization and moving of truck-mounted drilling equipment and crew (50-mile radius) Per Trip $ 650.00 All-Terrain Vehicle(ATV)Usage Surcharge Per Day $ 195.00 Boring Layout-Two-man crew(2 hour minimum) Per Hour $ 166.00 Hourly Rate Drilling Per Hour $ 375.00 Thin Wall Tubes(ASTM D-1587) Each $ 50.00 LABORATORY TESTING Moisture Content Test/Visual Classification Each $ 7.00 Atterberg Limits Determination(LL, PL) Each $ 65.00 Combined Hydrometer&Sieve Analysis Each $ 130.00 Sieve Analysis(washed) Each $ 85.00 Unconfined Compression Test,Tube Sample Each $ 35.00 Unconfined Compression Test,with Stress-Strain Curve Each $ 85.00 Density Determination Each $ 15.00 Specific Gravity Determination Each $ 65.00 Organic Content Determination Test(loss on ignition) Each $ 25.00 ASTM D698-AASHTO T99(Standard Proctor) Each $ 225.00 ASTM D1557-AASHTO T180(Modified Proctor) Each $ 275.00 One-Dimensional Consolidation Test(ASTM D-2435) Each $ 750.00 pH Testing Each $ 15.00 Triaxial Testing (TXC-CIU)3-Point Envelope Each $ 1,300.00 Rubino Engineering. Inc. Proposed Highland Ave and Lyle Ave Roundabout in Elgin,Illinois December 15,2022 Rubino Proposal No.Q22.593g Page 9 of 12 FEE 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. Proposed Highland Ave and Lyle Ave Roundabout in Elgin,Illinois December 15,2022 Rubino Proposal No Q22 593g Page 10 of 12 Client#:1171577 RUBINENG PM Oa YYYYI ACORD., CERTIFICATE OF LIABILITY INSURANCE RAT!9,n1;V 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:It the certificate holder Is en ADDITIONAL INSURED.me pollcYtiesi most have ADDITION Al NSuHFD provisions or be endorsed If SUBROGATION IS WAIVED,sub)ect to the terms and conditions of the policy,certain policies may net Lire an endorsement.A statement art this certificate does not collier any rights to the certificate holds•In Ileu of such endoesemenl(s1. PROTII,OER ',123h''r i Laurie Cloninger USf Ins Srvcs LLC Euclid-Prot Ff.r.,o F,,, 630 625-5219 ]; .6,1 610 537-4939 2021 Spring Road,Suite 100 "0,- AEcertificetesl+usi.com Oak Brook,IL 60523 ansunERSlArPUIICI rG CO,tnAut ray-'A 312 442-7200 Ileu¢R A:RLI Insurance Company 13056 WBUPEO Ile usitp a.Berkley Insurance Company 32603 Rubino Engineering.Inc. 425 Shepard Dr Elgin,IL 60123 I1eluaeR a IIC,tJRCR r• COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS f i TO CERTIFY THAT' .,IE POLIDIES OF INSURANCE LISTED BELO* HAVE BEEN ISSUED TO THE INSURED 11NAED ABOVE FOR THE POLICY PEP OD INDICATED. NDTWITHSTANDINC ANY RPQLIIREbFNT,TERM OR CONDITION OF ANY CO TRAC-OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDEO BY '-HE POLICIES DESCRIBED H=REN IS St,9:ECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS 01- SUC-I POLICIES. LAMS SHOWN MAY HAVE BEEN ppMEiD...Yr_D� BYpppp PAID E�CLAIMS. tif TYPO Os tN$URiMCs Msa 4104E POLICY NUMBER p1YAU0^r'C5h? IMML'G7YYY} LIMITS A x cOYYEROAL1IAl1ERALUAW-11Y PS80003777 l)9,01r7022 09'bt!2023 art r,uCCwu¢w.e Si.000,000 IcrASYSxAct ❑X (hL,.11i Fiu:AVT4QT, moat $1,000,000 14 I:I XI'i Arrr n-•weer: T 10,000 I•I n::rl\AI LAVVIfiLI1'Y 11,000,000 •.'tN1 ACC:IItaAit 4M1 N'P4t;f rt.,, ririrnel APC'AttATr '•2,000,000 POLICY❑X ❑LOC manuals cnumne AGG $2,000,000 anNe 1 A eL7TIMDBLBuaiNsrY PSADOD1 E61 39,01..2022 09 01!2D23 EONS nfa9LcLMIT *1,000.000 X A►t.Atrrn PCOLY WAIT.'t,prison E — cwr4EC Ei.4ELW_ED FOXILY I►IURY 4Pera:od.'i11 5 mum CiU i NJTCY3 FIREDDAI RED re�N-0AY►EG PROPERTYAACA 1 X SDI rill cm Y X NJTOS ON_Y IN!OCCOLOi A x IJMBRELLALIAO rx °CUUR PSE00021.12 39.01,2022 09?01120231EA;NOCWRRENCE T5,000,000 X EXCESSUAB 11— Clause... Al 3FEOATE 1'5,000,000 MU I IM1tMIC-Ns 1 A WORKERSCONPlaa:ATTDN PSW0002780 39,01/2022 09110112023 X ILIA•ll•L I Iu+d Ale EMPLOYERS'LIABILITY Alf FRCP' RE NV Y I N EL EACH AOCIDEIR' 11,000,000 UF•,LEIa1OA'a CN eXCL:letOF n AC V A IMIndaltIty InlM EL GSEASE EA EMPLOYEE 11,000,000 r I.r,routs-.i ri I:I srra•IKY2C.l CIPI IrA1KX•iG tin r.. EL 05EA8E F+000YLIYfr 11r000,000 8 Professional AFC905800703 D9t01i2022 09,01,2023 $2,000,000 each claim i Liability 54,000,000 annual aggr. DESORPTION OF OPE RA rIrYVB LOCATIONS.YLFICLES,ACORD test,AAd40r+,RimS4.S1.11.JJ.:•rye be Miiesitl II nu,spits/Is,epul,.dl Professional Liability is written on a'claims made'policy form. Some or all officers are excluded from Workers Compensation coverage. Contractors Pollution Liability Coverage: Insurance Carrier-Capitol Specially Insurance Corporation(NAIC 1110398) (See Attached Descriptions) CERIII-ICAIE HOLDER CANCELLATION Rubino Engineering,Inc. SHO A.D AHY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE g g• TNi LIPIRATION DATE TPEREOF, NOTICE WILL BE DELIVERED W ACCORDANCE WITH THE POLICY PROVISIONS. AUir1UR12rD Rt PRLStIttATWC rv..il•9l-..,..) ei.... .4.).......-- ea 198B-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016931 1 of 2 -hi'ACDFtI)name and logo are remote-nd marks 01 ACORD OS37240573,1437240538 LXCAA Rubino Engineering,Inc. Proposed Highland Ave and Lyle Ave Roundabout in Elgin,Illinois December IS,2022 Rubino Proposal No Q22 593g Page II of 12 Rubino Engineering,Inc. Proposed Highland Ave and Lyle Ave Roundabout in Elgin,Illinois December 15,2022 Rubino Proposal No.Q22.593g Page 12 of 12 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 Engineenng,Inc as set forth in Rubino Engineenng,Inc.'s proposal.Clients 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 ordenng 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 Engineenng,Inc.'s proposal.Clients 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 property performed in accordance with the plans,specifications and contract documents and Rubino Engineering Inc.'s recommendations. No clams fa 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 clams,suits losses.costs and expenses.including.but not minted to court costs and reasonable attorney s fees in the event that all such tests and inspections are not so performed a 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 Engineenng,Inc..its officers,agents or employees.subject to the limitation contained in paragraph 9. 3.SCHEDULING OF SERVICES: The services set forth in Rubino Engneenng Inc.'s proposal and Clients 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 Engineenng.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 Engineenng,Inc.for the cost. 6.CLIENTS 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 end expenses,including reasonable attorneys fees as a result of personal injury,death or property damage occurnng 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 Engineenng,Inc.by Client and/or by any of Clients 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 Engineenng.Inc.shall not be responsible for evaluating.reporting or affecting job conditions concemng health,safety or welfare Rubino Engineenng.Inc.'s services 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 nght 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 dolling samples or specimens will be disposed sixty 160)days atter submission of Rubino Engineering.Inc.s report. 8.PAYMENT: Client shall be invoiced once each month for services performed dunng the preceding penod. 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 penod 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 colection 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 nght 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 lime. 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 until 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 ansing out of or relating to this Agreement or the services to be rendered hereunder,the Client and Rubino Engineenng,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)11 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 Amencan Arbitration Association.effective as of the date of this Agreement. 13.WITNESS FEES: Rubino Engineering.Incas employees shall not be retained as expert witnesses except by separate written agreement. Client agrees to pay Rubino Engneenng.Inc's legal expenses administrative costs and fees pursuant to Rubino Engineenng,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 Chen!hires a Rubino Engineering,Inc.employee,Client shall pay Rubino Engineenng.Inc an amount equal to one-half of the employee s annualized salary,with Rubino Engineenng.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. storer.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 Stale 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 wntten. 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,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. ATTACHMENT D LOCATION MAP LOCATION MAP • 43 Powder ;, o^ River Park 1. C Sandy Greer-r `==--' 4 tpriI Condom ni 4ic Pa. PA *o' n 44 �:' Highland Avenue r 1.0. s F v © m St Thomas More Catholic Church 10 Zi Salem i0 • ',.,...„. _. ,. V Lucca Dr re) Co c ea ot Country KnollLn Easy St u 2 0 Centro De.n=ormacfor, Maple U, � z a scension 53intit lr.rP..i,-Flr«1 way t-, Route: Highland Avenue at Lyle Avenue 1 r' City of Elgin, Kane County 14' „my A........ 1: ea a\