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HomeMy WebLinkAbout24-47 Resolution No. 24-47 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON, LENZINI & RENWICK, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE LILLIAN-SOUTH-WALNUT FEDERAL-AID FUNDED 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 an Agreement on behalf of the City of Elgin with Hampton, Lenzini& Renwick, Inc., for professional services in connection with the Lillian-south- Walnut federal-aid funded 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: February 28, 2024 Adopted: February 28, 2024 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 28th day of February ,20 24 ,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 Lillian-South-Walnut Federal-Aid Funded Resurfacing Project (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 all design work necessary for the proper preparation of plans and bid documents for construction for the Project. The project plans shall include existing and proposed typical sections, roadway plans, removal plans, soil erosion and sediment control plans, ADA sidewalk details„ standard details and special details. The project bid documents will include summary of quantities, , general contract provisions, IEPA 662 and IEPA 663(as necessary)forms. Plans and Bid Documents shall comply with all necessary IDOT requirements for a state letting. The services provided shall include all necessary coordination with IDOT and KKCOM for a federal funded project submittal. C. A detailed Scope of Services for the PROJECT is attached hereto as Attachment A, and incorporated into this Agreement by this reference. A location map for the PROJECT is included as Attachment D and incorporated into this Agreement by this reference. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder. a. 1/10/2024—Engineering Services Agreement Presented to City of the Whole b. 1/24/2024—Engineering Services Agreement Approval at City Council c. 5/31/2024—Prefinal Plans d. 7/29/2024—Final Plans e. 11/8/2024— IDOT State Letting f. 11/2024—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(Not To Exceed Method) 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 $132,494.00 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. B. For outside services provided by other firms or subconsultants, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER,plus 0%. The cost of any such -2 - outside services is included within the total not-to-exceed amount of$132,494.00 provided for in Section 4A above. C. The cost of any such reimbursable expenses is included within the total not-to-exceed amount of $132,494.00 provided for in Section 4A above. A detailed cost breakdown for the PROJECT is included as Attachment C and incorporated into this Agreement by this reference. 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. Estimated Estimated Estimated Date % Value of Work Invoice Value Completion Completed 2/1/2024 20% $26,498.80 $26,498.80 3/1/2024 20% $52,997.60 $26,498.80 4/1/2024 10% $66,247.00 $13,249.40 5/1/2024 10% $79,496.40 $13,249.40 6/1/2024 10% $92,745.80 $13,249.40 7/1/2024 10% $105,995.20 $13,249.40 8/1/2024 10% $119,244.60 $13,249.40 9/1/2024 5% $125,869.30 $6,624.70 10/1/2024 0% $125,869.30 $0.00 11/1/2024 5% $132,494.00 $6,624.70 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 - 3 - 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. 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 - 7 - This Agreement shall be deemed to have been made in,and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 22. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR,nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 25. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. 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. - 8 - As a condition of this agreement, ENGINEER shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the 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. Randy Newkirk, PE Public Services Director Corporate Secretary City of Elgin Hampton, Lenzini&Renwick, Inc. 150 Dexter Court 380 Shepard Drive 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 - 9- shall constitute one and the same agreement. This Agreement may be executed 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 CITY: FOR THE ENGINEER: de// By By: OMlJtA►0'"'-'.' City Manager Name/Print: Amy McSwane Title: Corporate Treasurer Attest: eit'7/11d/i6 City Clerk AZi4. 2 - 10 - ATTACHMENT A SCOPE OF SERVICES Lillian-South-Walnut STP Resurfacing City of Elgin SCOPE OF SERVICES The City of Elgin (hereinafter the "Client") has requested professional engineering services for the Lillian- South-Walnut Resurfacing (hereinafter the"Project").The following outlines the proposed Project scope of services. UNDERSTANDING OF THE PROJECT Hampton, Lenzini and Renwick, Inc. (HLR)has prepared this Scope of Work for engineering services based on our knowledge of the Project from the following items: • STP application submitted to KKCOM • Driving review of the project The following is a list of basic project understandings • The project will utilize federal STU funding and will be processed and let by IDOT. The federal funds are allocated in the FFY2024. This must be on the November 2024 letting at the latest. • It will be assumed that all existing sidewalk is within the public right-of-way regardless of GIS data. If verification is needed during design, an additional fee will be requested. • No right-of-way or easements are anticipated and not included in the scope. Sidewalks near and through driveways that do not meet ADA/ PROWAG cross slope criteria and cannot be corrected within existing right-of-way will be excluded from improvement and will need to be included in the ADA Transition Plan • Sidewalk ramps will be reviewed and brought up to ADA/ PROWAG standards. • Phase I will be approved using the BLR 19100 form • ADA corners will be scanned using LiDAR technology. Benchmarks will be set at each corner so the contractor can construct based on the plans • The entire corridor will not be scanned. Topography used in base drawings will be created from the intersection scans and aerial photography connections. • No plan and profiles will be needed for the roadway The project limits are understood to be: • Lillian Street— McLean Blvd to South Street • South Street— Lillian Street to Walnut Avenue • Walnut Avenue —South Street to Wilcox Avenue Schedule— Based on our project understanding, the following are project milestones desired by Client. Notice to Proceed January 2024 Pre-Final Plans and Bid Documents May 2024 Final Plans and Bid Documents July 2024 Project Letting (State) November 2024 Council Approval —Construction December 2024 Start of Construction May 2025 End of Construction September 2025 PHASE I ENGINEERING Based on the goals of the project, the following services are provided to seek approval by IDOT for the project. ❑ Preliminary Design Studies - HLR will complete the BLR 19100 form for the Phase I portion of the project. ❑ Environmental Services—Based on the anticipated scope of service, HLR will provide the following environmental services: c Environmental Survey Request—It is anticipated that no ESR is required for the project. c Special Waste Screening and Preliminary Environmental Site Assessment (PESA) Report - Prior to completing the Preliminary Environmental Site Assessment (PESA)for the project,a Special Waste Assessment screening, including a Level I and Level II screening, will be completed. This includes ordering the Environmental Database Review summary. If the Level I and II screenings lead to a determination that further action is required, a PESA will be recommended. The PESA will be prepared using historical and geological information. The specific methods used to conduct the assessment are contained in 1) ASTM Standards El 527-13,2)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. 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. PESA Validation - PESAs need to be validated if six months or more elapse after the date of the PESA completion. This scope assumes one validation of the PESA for design approval, which includes a site visit, records review and memorandum of validation preparation.A valid PESA is required and must be current up until the time of project letting. Completion of a PSI does not negate the need for an up-to-date PESA. Preliminary Site Investigation (PSI) - HLR will complete a Preliminary Site Investigation, including Soil Sampling and Laboratory Analysis for this project. At each PIP location we propose a minimum of 1 soil boring and 1 sample analyzed for VOCs, Semi-VOCs, PNAs, RCRA Metals, PCBs and pH. HLR will provide the following services: • Obtaining a permit to drill in the right-of-way • Locating and clearing underground utilities(public and private locate) - 12 - • Collecting soil samples and screening for volatile organics with a photoionization detector(PID) • Submitting soil samples to Illinois NELAP-accredited laboratory using proper chain-of-custody procedures. • Analyzing soil samples for VOCs, SVOCs, PNAs, RCRA Metals, PCBs,and pH. Additional TCLP analysis shall be performed on inorganics as needed, which is an additional costs. • Collecting contingency sample for Subtitle D landfill waste characterization analysis and completing waste disposal facility profiling, if needed. For this project we anticipate that 8 soil samples will be required. In the event more samples are needed, HLR will notify the client in writing to approve the additional direct expense to the contract. We will prepare a PSI Report to document the findings of the investigation.The report will include a narrative of the field investigation, boring logs, figures with sample locations, data tables and laboratory analytical reports, and estimate of the quantity of impacted soil. Clean Construction Demolition Debris (CCDD) — Based on a cursory review of publicly available data, HLR anticipates that this project can be processed under the IEPA LPC 663. If during the formal project and environmental database review, the project does not meet the assumed process,HLR will notify the client in writing and may require additional compensation. • IEPA LPC 662 - The initial step will include an environmental database search for all records pertaining to contamination within project limits. The information generated in the database search will be utilized to create a map delineating potentially impacted properties (PIPs). The areas not adjacent to PIPs should be eligible for processing with a 662 application,if allowable by the nearest CCDD facility. The spoils generated from these sites will only require pH testing,which will be provided by HLR with a mobile testing device.HLR will coordinate with local CCDD facilities for 662 pre-approval. We anticipate that sections of the project may be covered under a 662, and other sections will require a 663 or waste profile. • IEPA LPC 663- In the event that any PIPs are found on or adjacent to the site, the client would be notified of the options available for material disposal prior to commencing the 663 process. If any areas are adjacent to PIPs,the site will require additional testing and analysis, for processing with a 663 application. The 663 requires taking an estimated 8 soil samples for soil characterization. It is assumed that the same samples as the PSI will be utilized as the project schedule permits. If additional samples are required for the project, HLR will request additional compensation. This proposal assumes a driller will not be needed, and soil samples can be collected with a hand auger. These samples will be used to establish pre-existing conditions and also for potential CCDD coordination. The soil samples will be submitted to a NELAC approved laboratory for analysis.We may analyze each soil sample for metals,volatiles, semi-volatiles,polynuclear aromatic hydrocarbons and PCBs.The results of the analysis would be compared to the limits outlined in the Maximum Allowable Concentrations(MAC)of Chemical Constituents In Uncontaminated Soil Used as Fill Material At Regulated Fill Operations(35 III.Adm. Code 1100.Subpart F). - 13 - A 663 will be prepared if levels meet MAC table limits. • Landfill Disposal - If the soils come back with any elevated levels, additional TCLP or SPLP analysis on those specific constituents may be required to determine if they are within the MAC table limits.This testing would be used to create a waste profile if it is necessary to take it to a landfill. HLR will notify the Client if this additional testing is necessary and will request additional compensation for this testing. PHASE II ENGINEERING Based on the understanding of the project, the following items are necessary parts of the design scope of services: Survey and Land Acquisition • Limited Topographic Survey Data Collection • Publicly available GIS data • GIS data to be provided by Client • As-Built plans from previous construction • Construction plans from previous project Utility • Utility Coordination Design Plans • Title Sheet • General Notes • Alignment, Ties, and Benchmarks • Summary of Quantities • Typical Sections • Removal Plan (3,700 ft, 50-scale, 3-sheets) • Plan Improvements (7,700 ft, 50-scale, 3-sheets) • Soil Erosion and Sediment Control Plan (3,700 ft, 50-scale, 3-sheets) • ADA Sidewalk Grading Plan (29 Ramps) • Pavement Marking and Signing Plan (3,700 ft, 100-scale, 2 sheets) • Standard Details (IDOT to Include) Bid Documents • Quantity Calculations • Special Provisions • Cost Estimate and Contract Time SCOPE OF SERVICES 1. Survey and Land Acquisition Based on our understanding of the project and the needs of the client the following services are included in the scope of service: Topographic Survey Limited Topographic Survey — HLR will provide scanned topographic survey to documents existing conditions for the purpose of preparing the design requested by the - 14 - Client. Topographic survey will be limited to: o Curb and Gutter o Edge of Pavement and Shoulders o Sidewalk o Driveways o Pavement Marking o Signs o Utilities—Above Ground o Trees o Ground Shots Only the edge of pavement and sidewalks in the intersection areas will be processed for the design of the pavement widths and ADA sidewalk improvements. 2. Data Collection HLR will review various resources and collect project pertinent data. This work will include detailed review of publicly available and Client provided information to more fully understand the project requirements,complete field reconnaissance,and coordinate with other sub-consultants,as necessary. ❑ Document Review—HLR will review the following publicly available and/or Client provided information: Geotechnical Report o "As-Built" Plans o Construction Plans o Existing Utility Atlases o Publicly available GIS data o GIS data to be provided by Client c Field Review— HLR will schedule a field review of the project to determine site-specific constraints and document existing conditions, specifically around public utility manhole locations and ADA sidewalk compliance. A photographic log will not be prepared of the project. ❑ Geotechnical Investigation and Report— HLR will contract with Rubino Engineering to provide geotechnical services for the project. At this time, HLR anticipates the following services required for this project: 7—Cores 3. Utility Coordination HLR will coordinate with utilities with determining their facility location, potential conflict determination, and resolution of those conflicts. The major work items under this task will include: A J.U.L.I.E. Design Level Locate request will be submitted. Project status letters will be prepared to the individual utility companies along with location map. HLR will verify visible utilities identified on the atlas maps provided by the utilities. Underground utilities will be added to our base topography based on information provided. HLR will review potential utility conflicts determined by the utility owner in regards to the proposed improvements. These locations will be discussed with the utility if relocation is not possible. Pre-final and Final plans will be sent to the utility companies. This submittal will - 15 - include location of conflicts identified by the utilities HLR will review all utility permit request submitted to the Client to check that the relocations are consistent with coordination and the proposed improvements. HLR will assist the Client in the coordination effort to obtain utility relocation schedules and relocation cost of utilities for those within dedicated easements. 4. Proposed Plans, Bid Documents, Calculations, and Estimates of Probable Costs Plans- The plans will be prepared and submitted to the Client at the following intervals: • Pre-Final (90%) — Plans and concepts are nearly complete and minor modifications are expected. • Final (100%) — Plans are fully developed and are ready for distribution to contractors. The plans are working drawings that show the location,configuration,and dimensions of the proposed construction activities. The plans will be prepared under the supervision of a Professional Engineer. The plan set will consist of the following drawings and the estimated number of sheets: Title Sheet 1 Sheet(s) General Notes 1 Sheet(s) Summary of Quantities 1 Sheet(s) Alignment,Ties and Benchmarks 2 Sheet(s) Existing Typical Sections 1 Sheet(s) Proposed Typical Sections 1 Sheet(s) Existing Conditions and Removals 3 Sheet(s) Roadway Plan 3 Sheet(s) Soil Erosion and Sediment Control Plans and Details 3 Sheet(s) Pavement Marking and Signing Plan 3 Sheet(s) ADA Ramp Details 29 Ramp(s) Increases to the actual number of plans sheets as compared to the estimated sheets above may constitute additional work. HLR will notify the Client if additional work is anticipated. HLR will distribute electronic version of plans,bid documents,and estimate of probable costs to Client's Project Manager for distribution to reviewers. Comments provided will be reviewed and necessary updates will be made. Disposition to comments will be provided at the next submittal. The disposition to comments will be provided based on how HLR received them: • Client provides a list of comments — HLR will provide a formal disposition to comments in letter format. • Client provides comment on plan and/or bid document sheets—HLR will provide written disposition to comments next to the comments provided by the Client. ❑ Bid Documents— Bid Documents will be prepared for the solicitation of contractors to provide construction services. Bid Documents format will be based on the following criteria: • IDOT Format — HLR will prepare a bid document based on IDOT standard format. - 16 - HLR will prepare contract specifications and special provisions for Pre-Final and Final Plan submittals.The latest version of the IDOT"Standard Specifications for Road and Bridge Construction" and "Supplemental Specifications and Recurring Special Provisions" will be used as the basis of the construction special provisions. IDOT check sheets will be used as required by the project. Where a project work item contains work, material, unique sequence of operations or any other requirements that are not included in the Standard Specifications, Supplemental Specifications, Recurring Special Provisions, BDE Special Provisions or Guide Bridge Special Provisions, a project specific Special Provision will be written by HLR. 5. Cost Estimate • Estimate of Probable Cost - HLR will prepare engineering opinions of probable construction costs for each submittal. Costs will be determined using available guides and bid tabulations from similar projects. In addition, the pay item reports with awarded prices from IDOT's website will be used to approximate current unit costs. 6. Consultation and Coordination • Kickoff Meeting - Kickoff Meeting with Client and IDOT(assume 1 combined Phase I and Phase II meeting). • Coordination Meeting - Coordination and design meeting with the Client (assume 2 meetings). - 17 - ATTACHMENT B PROJECT SCHEDULE a. 1/10/2024—Engineering Services Agreement Presented to City of the Whole b. 1/24/2024—Engineering Services Agreement Approval at City Council c. 5/31/2024—Prefinal Plans d. 7/29/2024—Final Plans e. 11/8/2024—IDOT State Letting f. 11/2024—Construction Contract Approval at City Council ATTACHMENT C DETAILED COST BREAKDOWN EXHIBIT D 6 Illinois Department COST ESTIMATE OF CONSULTANT SERVICES (CECS)WORKSHEET of Transportation FIXED RAISE Local Public Agency County Section Number City of Elgin Kane 24-00206-00-RS J Prime Consultant (Firm) Name Prepared By Date Hampton, Lenzini and Renwick, Inc. Randal G. Newkirk 12.20.2023 Consultant/ Subconsultant Name Job Number Hampton, Lenzini and Renwick, Inc. 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 11 MONTHS OVERHEAD RATE 169.18% START DATE 1/1/2024 COMPLEXITY FACTOR 0 RAISE DATE 1/1/2025 % RAISE 2.00% END DATE 11/30/2024 ESCALATION PER YEAR % of Year First Date Last Date Months Contract 0 1/1/2024 11/30/2024 11 100.00% The total escalation = 0.00% BLR 05514(Rev. 02/09/23) Printed 12/20/2023 6:38 PM ESCALATION Page 1 of 13 Local Public Agency County Section Number City of Elgin Kane 24-00206-00-RS Consultant / Subconsultant Name Job Number Hampton, Lenzini and Renwick, Inc. PAYROLL RATES EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET FIXED RAISE MAXIMUM PAYROLL RATE 86.00 ESCALATION FACTOR 0.00% IDOT CLASSIFICATION PAYROLL RATES CALCULATED RATE ON FILE Engineer 1 $34.17 $34.17 Engineer 2 $36.75 $36.75 Engineer 3 $46.50 $46.50 Engineer 4 $58.59 $58.59 Engineer 5 $65.36 $65.36 Engineer 6 $76.50 $76.50 Environmental 1 $26.33 $26.33 Environmental 2 $39.40 $39.40 Environmental 3 $56.50 $56.50 Intern Land Acquisition $59.00 $59.00 Principal $89.50 $86.00 Structural 1 $62.00 $62.00 Structural 2 $77.00 $77.00 Survey 1 $29.00 $29.00 Survey 2 $55.00 $55.00 Technician 1 $30.43 $30.43 Technician 2 $39.10 $39.10 Technician 3 $51.20 $51.20 Administrative 1 $30.80 $30.80 Administrative 2 $53.63 $53.63 BLR 05514 (Rev. 02/09/23) Printed 12/20/2023 6:38 PM RATES Page 2 of 13 Local Public Agency County Section Number City of Elgin Kane 24-00206-00-RS Consultant/Subconsultant Name Job Number Hampton, Lenzini and Renwick, Inc. 1 SUBCONSULTANTS EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET Contribution to Prime NAME Direct Labor Total Consultant Rubino Engineering 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.02/09/23) Printed 12/20/2023 6:38 PM SUBS Page 3 of 13 Local Public Agency County Section Number City of Elgin Kane 24-00206-00-RS Consultant/Subconsultant Name Job Number Hampton,Lenzini and Renwick.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) (Up to state rate maximum) Lodging Taxes and Fees Actual Cost (per GOVERNOR'S TRAVEL CONTROL BOARD) $0.00 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 565/full day $0.00 Vehicle Rental Actual Cost(Up to S55/day) $0.00 Tolls Actual Cost S0.00 Parking Actual Cost $0.00 Overtime Premium portion(Submit supporting documentation) $0.00 Shift Differential Actual Cost(Based on firm's policy) S0.00 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) S0.00 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 8 $1,100.00 $8,800.00 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 Environmental Database Report 1 $450.00 $450.00 $0.00 $0.00 BLR 0§g1QQRev.02/09/23) arinte-11/20/2U13 b:323 PM UIPhL 1 ;OSTS Page 4 of 13 TOTAL DIRECT COSTS: $9,250.00 Local Public Agency County Section Number City of Elgin Kane 24-00206-00-RS Consultant/ Subconsultant Name Job Number Hampton, Lenzini and Renwick. Inc. COST ESTIMATE WORKSHEET EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET OVERHEAD RATE 169.18% COMPLEXITY FACTOR 0 DIRECT COSTS (not(Deluded OVERHEAD&FRINGE SERVICES BY %OF GRAND TASK row totals) STAFF HOURS PAYROLL BENEFITS FIXED FEE OTHERS TOTAL TOTAL Survey 89 4,508 7,626 1,488 13,622 9.97% Phase I Engineering 36 2,240 3,790 739 10,000 16.769 12.27% Phase II Engineering 392 22,513 38,087 7,429 68,029 49.80% Permitting 9,250 136 5.672 9.596 1.872 17.140 12.55% Coordination and Consultantion 28 2,070 3.503 683 6.256 4.58% QAQC and Project Admin 24 1,836 3.106 606 5,548 4.06% Subconsultant DL $0.00 Direct Costs Total =__> $9,250.00 $9,250.00 6.77% TOTALS 7051 38,839 1 65,708 I 12.817 I 10,000 136.614 100.00% 104.547 BLR 05514(Rev. 02/09/23) Printed 12/20/2023 6:38 PM COST EST Page 5 of 13 Local Public Agency County Section Number City of Elgin Kane 24-00206-00-RS Consultant / Subconsultant Name Job Number Hampton, Lenzini and Renwick, Inc. AVERAGE HOURLY PROJECT RATES EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET SHEET 1 OF 2 Coordination and PAYROLL AVG TOTAL PROJ.RATES Survey Phase I Engineering Phase II Engineering Permitting Consultantion 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 Engineer 1 34.17 42.0 5.96% 2.04 42 10.71% 3.66 Engineer 2 36.75 0.0 Engineer 3 46.50 34.0 4.82% 2.24 4 11.11% 5.17 30 22.06% 10.26 Engineer4 58.59 26.0 3.69% 2.16 22 61.11% 35.81 4 14.29% 8.37 Engineer 5 65.36 223.0 31.63% 20.67 223 56.89% 37.18 Engineer 6 76.50 65.0 9.22% 7.05 7 7.87% 6.02 10 27.78% 21.25 24 85.71% 65.57 Environmental 1 26.33 0.0 Environmental 2 39.40 93.0 13.19% 5.20 93 68.38% 26.94 Environmental 3 56.50 6.0 0.85% 0.48 6 4.41% 2.49 Intern 0.0 Land Acquisition 59.00 0.0 Principal 86.00 0.0 Structural 1 62.00 0.0 Structural 2 77.00 0.0 Survey 1 29.00 0.0 Survey 2 55.00 36.0 5.11% 2.81 36 40.45% 22.25 Technician 1 30.43 0.0 Technician 2 39.10 37.0 5.25% 2.05 30 33.71% 13.18 7 5.15% 2.01 Technician 3 51.20 143.0 20.28% 10.39 16 17.98% 9.20 127 32.40% 16.59 Administrative 1 30.80 0.0 Administrative 2 53.63 0.0 0.0 0.0 0.0 0.0 0.0 0.0 TOTALS 705.0 100% 555.09 89.0 100.00% 550.65 36.0 100% 562.22 392.0 100% 557.43 136.0 100°0 $41 71 28.0 100% 573 94 Printed 12/20/2023 6:38 PM BLR 05514 (Rev. 02/09/23) Page 6 of 13 AVG 1 Local Public Agency County Section Number City of Elgin Kane 24-00206-00-RS Consultant / Subconsultant Name Job Number Hampton, Lenzini and Renwick, Inc. AVERAGE HOURLY PROJECT RATES EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET SHEET 2 OF 2 PAYROLL AVG QAQC and Project Admin 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 Engineer 1 34.17 Engineer 2 36.75 Engineer 3 46.50 Engineer 4 58.59 Engineer 5 65.36 Engineer 6 76.50 24 100.00% 76.50 Environmental 1 26.33 Environmental 2 39.40 Environmental 3 56.50 Intern Land Acquisition 59.00 Principal 86.00 Structural 1 62.00 Structural 2 77.00 Survey 1 29.00 Survey 2 55.00 Technician 1 30.43 Technician 2 39.10 Technician 3 51.20 Administrative 1 30.80 Administrative 2 53.63 • TOTALS 24.0 100% S76.50 0.0 0% S0.00 0.0 0% S0.00 0.0 0% S0.00 0.0 0% S0.00 0.0 0% S0.00 Printed 12/20/2023 6:38 PM BLR 05514 (Rev. 02/09/23) Page 7 of 13 AVG 2 r u brno PROPOSAL - PAVEMENT CORES ENGINEERING INC. December 21, 2023 To: Randal G. Newkirk, P.E. Re: Proposal — Pavement Cores Design Engineering Manager Elgin STP Resurfacing Project Hampton Lenzini and Renwick, Inc. Lillian St, South St and Walnut Ave 1707 N Randall Road, Suite 100 Elgin, Illinois Elgin, Illinois 60123 Proposal No. Q23.597g Via email: rnewkirkCa7hlrenq.com Dear Mr. Newkirk, Rubino Engineering, Inc. (Rubino) is pleased to submit the following proposal to provide coring services for the above referenced project. Rubino received a request for proposal from Randal G. Newkirk of Hampton Lenzini and Renwick, Inc. via email on December 17, 2023. PROJECT UNDERSTANDING Rubino understands that the City of Elgin is planning to resurface the following streets: • Lillian Street— Butt joint in the Weston Avenue intersection to South Street • South Street— Lillian Street to Walnut Avenue • Walnut Avenue— South Street to Wilcox Avenue Should any of the information on which this proposal has been based, including as described above, be inconsistent with the planned construction, Rubino requests to be contacted immediately in order to make any necessary changes to this proposal and scope of work. SCOPE OF SERVICES The following sections outline the scope of services developed based on the information provided by the client and the information listed above in order to provide pavement coring on 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 proposed core locations will be within existing paved areas and will therefore be accessible to a pickup truck. Traffic Control Rubino anticipates that traffic control will be necessary along Lillian, Street, South Street, and Walnut Avenue. Rubino will subcontract a traffic control company to provide an attenuator truck or a single lane closure. Rubino Engineering,Inc.•425 Shepard Drive• Elgin,IL 60123• 847-931-1555•847-931-1560(Fax) Elgin SIP Resurfacing Project in Elgin. Illinois December 21.2023 Ruhino Proposal No:Q23.597g Page 2 of8 Core Locations Rubino will locate the cores in the field by measuring distances from known, fixed site features. ; _T. .....p..4 , ..„,.•, ). ...t. .. 0. .... . . .. .1. .,,, •_. . .k ...... . . .. ,,... . . •, L I., \ I r et,,, ..A.p.api "...1711' i "..t. 40. 6 , ., ' ...:_,. ''''_116- ' ,, t • , . • A'. f 1 .� 1 ... .. i .. `^ '_� ' .ems' r r7r • - "W -'' .may `'i �)• . li R '...r. ti Al . ,{' }' r r� ° Y 'J' . - 't� !I coon ' j :%4' •• • - I /lf ital.'EG• _ t Pavement Coring To obtain data to evaluate subsurface conditions within the proposed pavement reconstruction areas, Rubino proposes to perform the pavement core with a Milwaukee Drill and a two foot diamond-bit core barrel in the pavement core locations. NUMBER OF CORES W/SUBBASE THICKNESS MAX DEPTH LOCATION DETERMINATION 7 2 feet below 500 ft spacing along Lillian Street, South pavement surface Street, and Walnut Avenue *BEG = below existing grade Completion of Cores Upon completion of sampling, the cores will be backfilled and capped with Quikrete. Some damage to ground surface may result from the coring operations near the work areas and along ingress/egress pathways. Rubino will attempt to minimize such damage, but no restoration other than backfilling the core holes are included. It should be noted that over time, some settlement may occur in the core hole or the patch may be damaged by traffic or snow plows. If Rubino is requested to return to the site for the purpose of filling any holes that may have settled, additional time and material charges may apply. CORE REPORT Upon completion of field and laboratory work, Rubino will prepare a Core Summary Report using the collected data. The report will include the following: • Summary of client-provided project information and report basis • Core Location Plan Rubino Engineering, Inc. Elgin STP Resurfacing Project in Elgin,Illinois December 21,2023 Rubino Proposal No:Q23.597g Page 3 of 8 • Photo documentation of field conditions and core specimens • Subbase stone thickness 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 3 working days after receiving written authorization to proceed and we will follow the schedule below in order to complete the project: Task Number of Working Days Field work including site layout and coring 5 Preparation of the Field Report 5 Project schedules can be affected by weather conditions and changes in scope. If the report needs to be delivered by a specific day, please notify us as soon as possible. Preliminary verbal results can be made to appropriate parties upon completion of the field investigation. Rubino will need to receive a signed copy of this proposal intact prior to mobilizing. 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: Task Unit Rate x Qty Unit Total Site Layout $ 600 Per trip $ 600.00 Pavement Cores $ 240 x 7 Per core $ 1,680.00 Traffic Control- Flaggers $ 2,800 Per day $ 2,800.00 Report Preparation $ 800 Lump sum $ 800.00 Grand Total $5,880.00 Please see the attached fee schedule for additional unit rates for services requested after issuing the field 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. 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 Rubino Engineering, Inc. Elgin SAP Resurfacing Project in Elgin,Illinois December 21,2023 Rubino Proposal No:Q23.597g Page 4 of 8 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, RUBIN ENGINEERIN , INC. RUBINO ENGINEERING,INC.IS: AN AASHTO-ACCREDITED LABORATORY IDOT PREQUALIFIED • IDOT DBE-CERTIFIED(100%WOMAN-OWNED) Michelle A. Lipinski, PE President 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, Ine. Elgin Si.?Resurfacing Project in Elgin.Illinois December 2I,2023 Rubino Proposal No:Q23.597g Page 5 of 8 PROPOSAL ACCEPTANCE: 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,Me. Elgin STP Resurfacing Project in Elgin,Illinois December 21,2023 Rubino Proposal No:Q23.597g Page 6 of Rubino Engineering,Inc. 2023 Schedule of Geotechnical Services&Fees CORING SERVICES Project Engineer/Manager Per Hour $ 125.00 Staff Engineer Per Hour $ 91.00 Material Tester 1 (Coring) Per Hour $ 91.00 Coring Equipment(vehicle,Milwaukee core rig,generator) Per Day $ 220.00 LABORATORY TESTING Sieve Analysis(washed) Each $ 85.00 REMARKS 1) All fees and services are provided in accordance with the attached Rubino General Conditions. 2) Unit prices/rates are in effect for 12 months from the date of this proposal and are subject to change without notice thereafter. Overtime rates are applicable for services performed in excess of 8 hours per day Monday through Friday, before 8:00 AM or 3) after 5:00 PM,and for all hours worked on Saturdays, Sundays and holidays.The overtime rate is 1.5 times the applicable hourly rate. 4) All rates are billed on a portal-to-portal basis. 5) Standby time due to delays beyond Rubino's control will be charged at the applicable hourly rate. 6) Transportation and per diem are charged at the applicable rates. 7) Rates involving mileage(including transportation,mobilization,vehicle and trip charges)are subject to change based upon increases in the national average gasoline price. 8) A minimum charge of 4 hours applies to field testing and observation services. Scheduling or cancellation of field testing and observation services is required no less than the working day prior to the date the 9) services are to be performed.Services cancelled without advance and/or inadequate notice will be assessed a minimum charge of 4 hours. 10) For all Rubino services,a project management/engineering review charge will be billed for all reports issued for the scheduling/supervision of personnel and the evaluation/review of data and reports. 11) The minimum billing increment for time is a half hour. 12) A project set-up charge of a minimum of two hours applies to all projects. 13) Professional services rates are exclusive of expert deposition or testimony time. 14) Drilling and field service rates are based on OSHA Level D personnel protection. 15) For sites where drilling is to occur that are not readily accessible to a truck mounted drill rig,rates for rig mobility,site clearing, crew stand-by time,etc.will be charged as applicable. 16) If applicable the prevailing wage fees charged under this agreement will be adjusted if there is any change in the applicable prevailing wage rate established by the Illinois Department of Labor. 17) Services and fees not listed on this schedule may be quoted on request. Rubino Engineering,Inc. RUBINO Proposal No: 4361 June l0,2009—Page 7 of 8 alenll:1171577 RUBINENO ACORD. CERTIFICATE OF LIABILITY INSURANCE °"`1111111DD"e`Y' 11,132023 THIS CERTIFICATE IS 15511E0 AS A MATTER OP INFORMATION ONLY AND CONFERS NO MOOTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND.EXTEND OR ALTER THE COVERAGE AFFORDED SY THE POLICES BELOW TOES CERTIFICATE OF INSURANCE DOES NOT CONUTTTUTE A CONTRACT BETWEEN THE ISSUING NSURfRISI.AUTWORQED REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE/*OLDER. MPORTANT:S Bee ca115tae header to an ADDITIONAL INSURED,Pe Pe6cytwl awe Mari ADDITIONAL NSURED previsions or be.ndoesed M SUSROGATION IS EVA/VED.oulxect et The Renee and conMens el the peaty.aeteln peeves wry require an endoreemerIL A. ...HE On Was certilcale does not corder any right.la Sr oarlike@ Reeder In Nei el lids endenaereelsl PeooucsP LWM US Ins Sacs LLC Euclid-Prot YAs 2021 Spring Road,Suite 100 K 550 StS SttS [y,�te,f10 537-4939 AErirtRlcaNe@Ual.eont Dee Brook.IL 60523 oesArcgs 418e0a001e COVenAK IWC I 312 442-7200 egIPILa. Illl te.elaarw Oernpry 1E0E6 woven n rile..• Assoc Insane Ceawq 100411 Rubino Englneenng Inc 425 Shepard Dr soma c Elgin,IL 60123 WOW9 crow. 1111111111191, COVERAGES CERTIFICATE NUMBEMI. 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Some or all officers OM uiekWN No..Workers Congensauon coveesge. CERTIFICATE HOL Df R AID L ATIDN Rubino EnplTlr!ertng Inc 11NDIAD ANY OF THE ASOVE DISC 1SED POUCes a(CANCELLED RIPPER TIE IDCPPIATON DATE Tenter. HOME WU. SE DELMRED N 425 Sleepatd Dr. ACCORDANCE WITH MS POLICY PROVMIDtis. Elgin.IL 60123 M.PH0111Jeo MOW WtiAiYl l._ 111►201 S ACORD CORPORATION Al Floes*layered. ACORO 25 120 1 5 113i 1 a 1 T e ACORO naive and logo are r.glsiered awes or ACORO 4114171121U1N117Q/0 JOPZP Elgin STP Resurfacing Project in Elgin,Illinois December 21,2023 Rubino Proposal No.Q23.597g Page 8 of 8 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 duty 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 attomey'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 Engineenng.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. 6.CUENT'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 attomey'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.safety or welfare. Rubino Engineering,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 right or duty to stop the contractor's work. 7.SAMPLE DISPOSAL: Unless otherwise agreed in writing,test specimens or samples will be disposed immediately upon completion of the test. All drilling Samples or specimens will be disposed sixty (60)days after submission of Rubino Engineering.Inc.'s report. 8.PAYMENT: Client shall be invoiced once each month for services performed during the preceding period. Client agrees to pay each invoice within thirty(30)days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause in writing with said thirty(30)day period at the rate of eighteen(18)percent per annum(or the maximum interest rate permitted under applicable law),until paid. Client agrees to pay Rubino Engineering,Inc.'s cost of collection of all amounts due and unpaid after sixty(60)days,including court costs and reasonable attomey'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 CUENT 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. H 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 we 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 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 matter's 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. 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 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,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 +n iG o j Wabash St AeM J`. 5 is uoluI- as uoiun s aS uolun S Vandalla St in in C ot o Q Y 2 O i» co o Y C rQ C. Mallory Ave Mallory Ave a m _ S • n t o y 3 4 O 2 tat• r. C IS aflianGJsry a 1, a. YaMupWWOO N Y S Commonwealth Ave" .. oAy ytasoanuowwoQ S 4 a s $qq - - <--- S Worth Ave - S Edison Ave c to w w N Dubois Ave c o + a > U w Sunset Dr O Or T r .. la V O y Altreil Ave o o c. �j N - a any peNly S S Alfred Ave N Motet ! ,t S Aloino St o T o 2 Molro►e Ct ,y, S Melrose Ave •O -.c 7 t• t.. O a C o to +-. O al C �S N 7.:1Itun ayC [D �n Avo ------ yi N to (13 L) N G Y J J Y m T > L ) Y S Weston AL::, S Weston Ave Robert Dr c J O v Z A ft o 0 3 0