15-117 Resolution No. 15-117
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1
WITH ENGINEERING ENTERPRISES, INC. FOR CONSTRUCTION
PHASE ENGINEERING SERVICES IN CONNECTION WITH THE FEDERAL
AID LARKIN AVENUE (McLEAN BOULEVARD TO AIRLITE STREET)
LOCAL AGENCY FUNCTIONAL OVERLAY (LAFO) IMPROVEMENTS PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute an amendment agreement no. 1 on behalf of the City of Elgin
with Engineering Enterprises, Inc. for construction phase engineering services in connection with
the Federal Aid Larkin Avenue (McLean Boulevard to Airlite Street) Local Agency Functional
Overlay (LAFO) Improvements Project, a copy of which is attached hereto and made a part
hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: September 9, 2015
Adopted: September 9, 2015
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
•
AMENDMENT AGREEMENT NO. 1
THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this 9th
day of September , 2015, by and between the City of Elgin, Illinois, a municipal
corporation (hereinafter referred to as the "City"), and Engineering Enterprises, Inc., an Illinois
corporation (hereinafter referred to as"Engineer").
WHEREAS, the City and Engineer hereto have previously entered into an agreement
dated January 14, 2015 (hereinafter referred to as "ORIGINAL AGREEMENT"), wherein the
City engaged the Engineer to furnish certain professional services in connection with the Federal
Aid Larkin Avenue (McLean Boulevard to Airlite Street) Local Agency Functional Overlay
(LAFO) improvements (hereinafter referred to as the "Project"); and
WHEREAS, the parties hereto have determined it to be in their best interest to amend
Original Agreement; and
WHEREAS, the City has determined that the proposed scope of the Project should be
modified to include Construction Phase Engineering Services (hereinafter referred to as
"Supplemental Services"); and
WHEREAS, the Original Agreement provides for a maximum payment of $63,928.00;
and
WHEREAS, the parties hereto have determined and agree that the total maximum
payment for the Supplemental Services described in this Amendment Agreement No. l shall be
in the amount of$88,319.00; and
WHEREAS, the changes contemplated by this Amendment Agreement No. 1 are
germane to the Original Agreement as signed; and this Amendment Agreement No. 1 is in the
best interests of City and is authorized by law.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
provided for herein, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
1. The above recitals are incorporated into and made a part of this agreement as if fully
recited hereby.
2. That Section 1 of the Original Agreement is hereby amended by adding the following
subparagraph C thereto to read as follows:
"The Engineer shall also provide Supplemental Services for the Project which includes
the Construction Phase Engineering Services in accordance with Attachment A-1:
Construction Engineering Services Agreement. Engineer shall furnish such
Supplemental Services for the Project as outlined and detailed in Attachment A-1."
3. That Section 2 of the Original Agreement is hereby amended by adding the following to
the end of Subparagraph B:
"Engineer shall provide the Supplemental Services provided for in Amendment
Agreement No. 1 in accordance with the schedule outlined herein and detailed in
Attachment B-l."
4. That Section 4 of the Original Agreement is hereby amended by adding the following
paragraph C and Payment Schedule to read as follows:
"C. For services described in Attachments A-1 and B-1, Engineer shall be paid at an
hourly rate for the classifications of personnel who perform work on this Project;
provided, however, that Engineer shall be paid a total maximum fee of$88,319 for the
services to be provided pursuant to this Amendment Agreement No. 1, regardless of the
actual time or actual costs incurred by the Engineer unless substantial modifications and
scope of work are authorized in writing by the City and approved pursuant to a further
written amendment to this Agreement. The total fees to be paid to the Engineer pursuant
to the Original Agreement and Amendment Agreement No. 1 now total $152,247. The
detailed basis of the additional fee associated with Amendment Agreement No. 1 is
included in Attachment C-1 and is based on hourly rates of personnel utilized. The
attached Standard Schedule of Charges dated January 2015 will be utilized for this
Project."
Payment Schedule for Supplemental Services
ESTIMATED ESTIMATED VALUE ESTIMATED INVOICE
DATE %COMPLETE OF WORK COMPLETE VALUE
8/31/2015 5% $ 4,415.95 $ 4,415.95
9/30/2015 25% $ 26,495.70 $ 22,079.75
10/31/2015 25% $ 48,575.45 $ 22,079.75
11/30/2015 25% $ 70,655.20 $ 22,079.75
12/31/2015 10% $ 79,487.10 $ 8,831.90
1/1/2016 10% $ 88,319.00 $ 8,831.90
Total 100% $ 88,319.00
6. That except as amended in this Amendment Agreement No. 1 the Original Agreement
shall remain in full force and effect.
7. That in the event of any conflict between the terms of the Original Agreement, and the
provisions in this Amendment Agreement No. 1, the provisions of this Amendment
Agreement No. 1 shall control.
2
IN WITNESS WHEREOF, the undersigned have entered into and executed this
Amendment Agreement as of the date and year first written above.
CITY OF ELGIN
CONSULTANT /��
By: el#0, By: Le anager Its Vice President
Att t• Attest
1111/1 1)/(/ei. fia
City Clerk xecutive Assistant
F:\Legal Dept\Agreement\Larkin Avenue Engineering Amend Agr No. 1-clean 07-30-15.docx
3
E"xh;t;r Pt-
Resolution No. 15-118
RESOLUTION
AUTHORIZING EXECUTION OF AN ILLINOIS DEPARTMENT OF TRANSPORTATION
CONSTRUCTION ENGINEERING SERVICES AGREEMENT WITH ENGINEERING
ENTERPRISES, INC. IN CONNECTION WITH THE FEDERAL AID LARKIN AVENUE
(McLEAN BOULEVARD TO AIRLITE STREET) LOCAL AGENCY FUNCTIONAL
OVERLAY (LAFO) IMPROVEMENTS PROJECT
[section number 15-00186-00-RS,job number C-91-247-15, project number M-4003(490)]
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute an Illinois Department of Transportation construction engineering
services agreement on behalf of the City of Elgin with Engineering Enterprises, Inc. in
connection with the Federal Aid Larkin Avenue (McLean Boulevard to Airlite Street) Local
Agency Functional Overlay (LAFO) Improvements Project, section number 15-00186-00-RS,
job number C-91-247-15, project number M-4003(490), a copy of which is attached hereto and
made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: September 9, 2015
Adopted: September 9, 2015
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
Local Agency Consultant
City of Elgin L. Dept Engineering Enterprises, Inc.
of Transportation
County C 0 Address
Kane A N 52 Wheeler Road
Section L s City
15-00186-00-RS Attachment A-1 u Sugar Grove
Project No. A Construction Engineering L State
M-4003 (490) Services Agreement , IL
Job No. G T Zip Code
C-91-247-15 E A 60554
Contact Name/Phone/E-mail Address N N Contact Name/Phone/E-mail Address
Mr. Joseph Evers P. E., 847-931-5955 C T Tim Weidner, P.E.,630-466-6700
evers_j@cityofelgin.org Y tweidner@eeiweb.com
THIS AGREEMENT is made and entered into this 9th day of September , 2015 between the above
Local Agency(LA)and Consultant(ENGINEER)and covers certain professional engineering services in connection with the PROJECT
described herein. Federal-aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of
Transportation(STATE)will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS.
WHEREVER IN THIS AGREEMENT the following terms are used,they shall be interpreted to mean:
Regional Engineer Regional Engineer, Department of Transportation
Resident Engineer LA Employee directly responsible for construction of the PROJECT
Contractor Company or Companies to which the construction contract was awarded
Project Description
Name Larkin Avenue Route FAU 2423 Length 0.90 mi. Structure No.
Termini North Airlite Street to North McLean Boulevard
Description: This work shall consist of milling and resurfacing(1.0""leveling binder,2.0""surface)the above mentioned roadway,
repairing damaged sections of curb and gutter, replacing damaged sidewalks, pavement patching,striping,detector loop replacement,
and restoration of landscaping.
Agreement Provisions
I. THE ENGINEER AGREES,
1. To perform or be responsible for the performance of the engineering services for the LA, in connection with the PROJECT
hereinbefore described and checked below:
® a. Proportion concrete according to applicable STATE Bureau of Materials and Physical Research(BMPR) Quality
Control/Quality Assurance(QC/QA)training documents or contract requirements and obtain samples and perform
testing as noted below.
® b. Proportion hot mix asphalt according to applicable STATE BMPR QC/QA training documents and obtain samples
and perform testing as noted below.
❑ c. For soils,to obtain samples and perform testing as noted below.
❑ d. For aggregates,to obtain samples and perform testing as noted below.
NOTE: For la.through 1d.the ENGINEER is to obtain samples for testing according to the STATE BMPR"Project
Procedures Guide", or as indicated in the specifications,or as attached herein by the LA;test according to the
STATE BMPR"Manual of Test Procedures for Materials",submit STATE BMPR inspection reports;and verify
compliance with contract specifications.
• e. Inspection of all materials when inspection is not provided at the sources by the STATE BMPR,and submit
inspection reports to the LA and the STATE in accordance with the STATE BMPR"Project Procedures Guide"and
the policies of the STATE.
• f. For Quality Assurance services, provide personnel who have completed the appropriate STATE BMPR QC/QA
trained technician classes.
• g. Inspect,document and inform the resident engineer of the adequacy of the establishment and maintenance of the
traffic control.
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® h. Geometric control including all construction staking and construction layouts.
• i. Quality control of the construction work in progress and the enforcement of the contract provisions in accordance
with the STATE Construction Manual.
® j. Measurement and computation of pay items.
• k. Maintain a daily record of the contractor's activities throughout construction including sufficient information to permit
verification of the nature and cost of changes in plans and authorized extra work.
® I. Preparation and submission to the LA by the required form and number of copies,all partial and final payment
estimates,change orders, records,documentation and reports required by the LA and the STATE.
m. Revision of contract drawings to reflect as built conditions.
2. Engineering services shall include all equipment, instruments,supplies,transportation and personnel required to perform the duties
of the ENGINEER in connection with the AGREEMENT.
3. To furnish the services as required herein within twenty-four hours of notification by the resident engineer or authorized
representative.
4. To attend meetings and visit the site of the work at any reasonable time when requested to do so by representatives of the LA or
STATE.
5. That none of the services to be furnished by the ENGINEER shall be sublet,assigned or transferred to any other party or parties
without the written consent of the LA. The consent to sublet,assign or otherwise transfer any portion of the services to be furnished
by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT.
6. The ENGINEER shall submit invoices, based on the ENGINEER's progress reports,to the resident engineer,no more than once a
month for partial payment on account for the ENGINEER's work completed to date. Such invoices shall represent the value,to the
LA of the partially completed work, based on the sum of the actual costs incurred,plus a percentage(equal to the percentage of the
construction engineering completed)of the fixed fee for the fully completed work.
7• That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable to
improvement of the SECTION;and that the ENGINEER has sufficient properly trained,organized and experienced personnel to
perform the services enumerated herein.
8. That the ENGINEER shall be responsible for the accuracy of the ENGINEER's work and correction of any errors,omissions or
ambiguities due to the ENGINEER'S negligence which may occur either during prosecution or after acceptance by the LA. Should
any damage to persons or property result from the ENGINEER's error,omission or negligent act,the ENGINEER shall indemnify
the LA,the STATE and their employees from all accrued claims or Liability and assume all restitution and repair costs arising from
such negligence. The ENGINEER shall give immediate attention to any remedial changes so there will be minimal delay to the
contractor and prepare such data as necessary to effectuate corrections, in consultation with and without further compensation from
the LA.
9. That the ENGINEER will comply with applicable federal statutes,state of Illinois statutes,and local laws or ordinances of the LA.
10. The undersigned certifies neither the ENGINEER nor I have:
a) employed or retained for commission,percentage, brokerage,contingent fee or other considerations,any firm or person(other
than a bona fide employee working solely for me or the above ENGINEER)to solicit or secure this AGREEMENT;
b) agreed, as an express or implied condition for obtaining this AGREEMENT,to employ or retain the services of any firm or
person in connection with carrying out the AGREEMENT or
c) paid,or agreed to pay any firm, organization or person(other than a bona fide employee working solely for me or the above
ENGINEER)any fee,contribution,donation or consideration of any kind for,or in connection with,procuring or carrying out
the AGREEMENT.
d) are not presently debarred,suspended,proposed for debarment,declared ineligible or voluntarily excluded from covered
transactions by any Federal department or agency;
e) have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against
them for commission of fraud or criminal offense in connection with obtaining,attempting to obtain or performing a public
(Federal, State or local)transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,
forgery, bribery,falsification or destruction of records, making false statements or receiving stolen property;
f) are not presently indicted for or otherwise criminally or civilly charged by a government entity(Federal,State or local)with
commission of any of the offenses enumerated in paragraph(e)of this certification;and
g) have not within a three-year period preceding this AGREEMENT had one or more public transactions(Federal,State or local)
terminated for cause or default.
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•
11. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA.
12. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent
Amendment or Supplement.
13. To submit BLR 05613, Engineering Payment Report,to the STATE upon completion of the work called for in the AGREEMENT.
II. THE LA AGREES,
1. To furnish a resident engineer to be in responsible charge of general supervision of the construction.
2. To furnish the necessary plans and specifications.
3. To notify the ENGINEER at least 24 hours in advance of the need for personnel or services.
4. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT,on the basis of the
following compensation formulas:
Cost Plus Fixed Fee ❑ CPFF=14.5%[DL+R(DL)+OH(DL)+IHDC],or
❑ CPFF=14.5%[DL+R(DL)+1.4(DL)+IHDC],or
El CPFF=14.5%[(2.3+R)DL+ IHDC]
Where: DL=Direct Labor
IHDC=In House Direct Costs
OH=Consultant Firm's Actual Overhead Factor
R=Complexity Factor
Specific Rate ® (Pay per element) Hourly Rates for Each Classification Performing Work, Not to Exceed
Value of$88,319.00 (as shown on Attachment C)
Lump Sum ❑
5. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409:
❑ With Retainage
a) For the first 50%of completed work,and upon receipt of monthly invoices from the ENGINEER and the approval thereof by
the LA,monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to
90%of the value of the partially completed work minus all previous partial payments made to the ENGINEER.
b) After 50%of the work is completed,and upon receipt of monthly invoices from the ENGINEER and the approval thereof by
the LA,monthly payments covering work performed shall be due and payable to the ENGINEER,such payments to be equal to
95%of the value of the partially completed work minus all previous partial payments made to the ENGINEER.
c) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have
been made and accepted by the LA and the STATE,a sum of money equal to the basic fee as determined in this
AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to
the ENGINEER.
® Without Retainage
a) For progressive payments—Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA,
monthly payments for the work performed shall be due and payable to the ENGINEER,such payments to be equal to the value
of the partially completed work minus all previous partial payments made to the ENGINEER.
b) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have
been made and accepted by the LA and STATE,a sum of money equal to the basic fee as determined in this AGREEMENT
less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER.
6. The recipient shall not discriminate on the basis on the basis of race,color, national origin or sex in the award and performance of
any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall
take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-
assisted contracts. The recipient's DBE program,as required by 49 CFR part 26 and as approved by DOT,is incorporated by
reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as
violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program,the Department may
impose sanctions as provided for under part 26 and may,in appropriate cases,refer the matter for enforcement under 18 U.S.C.
1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C.3801 et seq.).
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Ill. It is Mutually Agreed,
1. That the ENGINEER and the ENGINEER's subcontractors will maintain all books, documents,papers,accounting records and
other evidence pertaining to cost incurred and to make such materials available at their respective offices at all reasonable times
during the AGREEMENT period and for three years from the date of final payment under this AGREEMENT,for inspection by the
STATE, Federal Highway Administration or any authorized representatives of the federal government and copies thereof shall be
furnished if requested.
2. That all services are to be furnished as required by construction progress and as determined by the RESIDENT ENGINEER. The
ENGINEER shall complete all services specified herein within a time considered reasonable to the LA,after the CONTRACTOR
has completed the construction contract.
3. That all field notes,test records and reports shall be turned over to and become the property of the LA and that during the
performance of the engineering services herein provided for,the ENGINEER shall be responsible for any loss or damage to the
documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the
ENGINEER's expense.
4. That this AGREEMENT may be terminated by the LA upon written notice to the ENGINEER,at the ENGINEER's last known
address,with the understanding that should the AGREEMENT be terminated by the LA,the ENGINEER shall be paid for any
services completed and any services partially completed. The percentage of the total services which have been rendered by the
ENGINEER shall be mutually agreed by the parties hereto. The fixed fee stipulated in numbered paragraph 4d of Section II shall be
multiplied by this percentage and added to the ENGINEER's actual costs to obtain the earned value of work performed. All field
notes,test records and reports completed or partially completed at the time of termination shall become the property of,and be
delivered to,the LA.
5. That any differences between the ENGINEER and the LA concerning the interpretation of the provisions of this AGREEMENT shall
be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER,one member appointed
by the LA,and a third member appointed by the two other members for disposition and that the committee's decision shall be final.
6. That in the event the engineering and inspection services to be furnished and performed by the LA(including personnel furnished
by the ENGINEER)shall,in the opinion of the STATE be incompetent or inadequate,the STATE shall have the right to supplement
the engineering and inspection force or to replace the engineers or inspectors employed on such work at the expense of the LA.
7. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the
contractor's safety precautions,except as provided in numbered paragraph 1f of Section I.
8. This certification is required by the Drug Free Workplace Act(30ILCS 580). The Drug Free Workplace Act requires that no grantee
or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property
or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the
certification may result in sanctions including,but not limited to,suspension of contract or grant payments,termination of a contract
or grant and debarment of contracting or grant opportunities with the State for at least one(1)year but no more than five(5)years.
For the purpose of this certification,"grantee"or"contractor'means a corporation,partnership or other entity with twenty-five(25)or
more employees at the time of issuing the grant,or a department,division or other unit thereof,directly responsible for the specific
performance under a contract or grant of$5,000 or more from the State, as defined in the Act.
The contractor/grantee certifies and agrees that it will provide a drug free workplace by:
(a) Publishing a statement:
(1) Notifying employees that the unlawful manufacture,distribution,dispensing,possession or use of a
controlled substance,including cannabis,is prohibited in the grantee's or contractor's workplace.
(2) Specifying the actions that will be taken against employees for violations of such prohibition.
(3) Notifying the employee that,as a condition of employment on such contract or grant,the employee will:
(A) abide by the terms of the statement;and
(B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace
no later than five(5) days after such conviction.
(b) Establishing a drug free awareness program to inform employees about:
(1) the dangers of drug abuse in the workplace;
(2) the grantee's or contractor's policy of maintaining a drug free workplace;
(3) any available drug counseling, rehabilitation and employee assistance program;and
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(4) the penalties that may be imposed upon an employee for drug violations.
(c) Providing a copy of the statement required by subparagraph(a)to each employee engaged in the performance
of the contract or grant and to post the statement in a prominent place in the workplace.
(d) Notifying the contracting or granting agency within ten(10)days after receiving notice under part(B)of
paragraph(3)of subsection (a)above from an employee or otherwise receiving actual notice of such conviction.
(e) Imposing a sanction on,or requiring the satisfactory participation in a drug abuse assistance or rehabilitation
program by, any employee who is convicted,as required by section S of the Drug Free Workplace Act.
(f) Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is
required and indicating that a trained referral team is in place.
(g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free
Workplace Act.
9. The ENGINEER or subconsultant shall not discriminate on the basis of race,color,national origin or sex in the performance of this
AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT-assisted
contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT,which may result in
the termination this AGREEMENT or such other remedy as the LA deems appropriate.
Agreement Summary
Prime Consultant: Agreement Amount
Engineering Enterprises, Inc. _ $82,820.00
Sub-Consultants: Agreement Amount
Rubino Engineering $5,499.00
Sub-Consultant Total: $5,499.00
Prime Consultant Total: $82,820.00
Total for all Work: $88,319.00
Executed by the LA: City of Elgin
(Municipality/Township/County)
ATTEST: /
f .
By: / B t� l
Kimberl y/ 7 ' Y -pta n
e is
oF- ,,,ity Clerk Title: Mayor
Ior .;
Executed by th
'///
I }� , Engineering Enterprises, Inc.
•ATTEST: """
By By: `C.!/s"644 1,0 1 1 .jeteientfit■
Title: Executive Assistant Title: Vice President
Page 5 of 5 BLR 05611 (Rev.9/06)
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11 t 1' Attachment B-1 : Project Schedule
Larkin Avenue LAFO - Airlite Drive to McLean Boulevard
Professional Engineering Services Agreement
City of Elgin
Engineering Kane and Cook Counties
Enterprises.
Uri ..
MONTH
2015 2016
Task Description J F M A M J J A S O N D J F M A M J J A S O N D
Phase III Agreement _ , _ .
Final Plan Submittal (Per Phase II Eng. Agreement) _ _ _ _
State Letting _ .
Contracting
Pre-Construction Conference (Schaumburg) , , _
Preparation of Documentation Materials/Books _
Construction Layout
Construction Commencement ,
Ongoing On-Site Inspection and Documentation
Preliminary IDOT Audit _ _ _ ,
Punch List Preparation and Completion . _ .
Substantial Completion , , _ _ _
Preparation for State Audits
Documentation Audits
Material Inspection Processing .
Processing Final Papers and Submittals
Pavement Marking Inspection _
Final Closeout & IDOT Acceptance _.
Proposal Key Dates- Engineering
Agency Review- Contracting (State)- Closeout
ENGINEERING ENTERPRISES,INC. ATTACHMENT C-1 DATE' 3/1 1/2015
CONSULTING ENGINEERS ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST ENTERED BY• TWT
PROFESSIONAL ENGINEERING SERVICES-PHASE III ENGINEERING
Larkin Avenue LAFO Project
Airlite Drive to McLean Boulevard
City of Elgin,Kane and Cook Counties,Illinois
i ENGINEERING DRAFTING SURVEYING AOMM.
8-4 1 E4 E-2 E-1 P4 P•6 84 0-1 T4 T3 14 E-1 P4 1 T-4 T-3 A4 WORK
WORK SENIOR SENIOR SENIOR SENIOR SENIOR SENIOR ITEM COST
ITEM PRNCPAL PRMCPAL PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT SENIOR ADMIN. HOUR PER
NO. WORK ITEM ENGINEER ENGINEER MANAGER MANAGER ENGINEER I ENGINEER ENGINEER_MANAGER TECHN. TECHN. TECHN.,MANAGER SURVEYOR I TECHN. TECHN.__ ASSIST SUNNI. , ITEM
CONSTRUCTION ENGINEERING .--•
3.01 Misc.Organization.Management.Administration and Meetings 8 a e 24 S 3.744
3-02 Construction Layout _ 8 _— 16 — 1 24 $ 3264
3-03 Preparanon of Books and Protect Fees 4 8 12 5 1,684
3.04 Pre-ConslrucIon Conference 2 2 4 ._— ____ 8 $ 1.186
3.05 Construcoon Observation 12 16 420 _ 448 S 57248
3 06 Construction Documentation and Repotting 4 4 16 24 5 3.372
3 07 Final Documentation and Reporting 20 _ 1_2 - I 32 S 4.920
3 08 Audits and Closeout 6 12 _ 18 S 2.376
3.09 (Final Closeout.Material Testing Certification&Stnpinq Inspection i 6 16 22 S 2,876
Design Phase Engineering Total _ D 26 0 38 j 36 0 512 it 0 _ 0 0 0 0 1 0 0 0 _ 612 $ 80.070
Project Total I 0 1 26 I 0 i 38 36 l 0 1 612 1 0 I 0 I 0 _1 0 1 0 0 1 0 j 0 I 0 1 612 1 s 50,070
FEE SCHEDULE AS OF 01/0172016 DIRECT COSTS
Senor PrncOel Engineer 1 E-4 0 I hours 0 5190 pot hour. $0 PnntnO $500
Prncpal Engneer E3 26 1 hours 0 0185 -_per hour= 54810 Rubino En.' ..m. Merl Tests,. S54••
Sensor Project Manager i E-2 0 , hours 0 S175 per hour- SO Voted.Charges
Illgi
Project Manager I E-I 38 1 hours co 5158 1'pet hour= .$6.004
Senor Progaa Engnear:Plmnor•Surveyar II 1 P.O 36 hours 0 5146 per hour= 55256 DIRECT EXPENSES a; $8249
Saner Project Enpneer■PlambrSurvoyot I P-S 0 hours 0 $133 __per hour-'' SO
ProMer Engraer.Plannor'Survonrt P-4 512 hours 0 ! $125 per hour= 564.000 TOTAL LABOR COSTS
Senor Protect Technnan ll T.6 I 0 hours 0 I S137 per hour- SO Oralln0 Expenses= $0
Senor Project Teti-m 1n I I—_T-5 0 hours 0 $125 - per hour= SO Survoyng Erponses,y SO
Pro oct Tannean T-4 0 hours B 5114 per hour= SO Engmeerssg Erponsos- $00.070
Senor Tschncon T-3 0 hours Si wa
5105 per tt=~ S0 __ AdmnWrWwe Expenses= $0
Admrirstralivo Asusmnr A-3 0 hours , 0 $18 per hour=1 $O TOTAL LABOR EXPENSES= S80.070
HOURLY TOTAL-, 612 TOTAL EEI LABOR.1 080.070
I TOTAL CONTRACT COSTS=I $88,3191
ATTACHMENT D-1
EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE
Senior Principal E-4 $190.00
Principal E-3 $185.00
Senior Project Manager E-2 $175.00
Project Manager E-1 $158.00
Senior Project Engineer/Planner/Surveyor II P-6 $146.00
Senior Project Engineer/Planner/Surveyor I P-5 $133.00
Project Engineer/Planner/Surveyor P-4 $125.00
Senior Engineer/Planner/Surveyor P-3 $114.00
Engineer/Planner/Surveyor P-2 $105.00
Associate Engineer/Planner/Surveyor P-1 $ 94.00
Senior Project Technician II T-6 $137.00
Senior Project Technician I T-5 $125.00
Project Technician T-4 $114.00
Senior Technician T-3 $105.00
Technician T-2 $ 94.00
Associate Technician T-1 S 82.00
Administrative Assistant A-3 $ 78.00
CREW RATES,VEHICLES AND REPROGRAPHICS
1 Man Field Crew with Standard Survey Equipment $149.00
2 Man Field Crew with Standard Survey Equipment $233.00
1 Man Field Crew with RTS or GPS* $184.00
2 Man Field Crew with RTS or GPS* $268.00
Vehicle for Construction Observation $15.00
In-House Scanning and Reproduction $0.25/Sq.Ft.(Black&White)
$1.00/Sq.Ft.(Color)
'ARTS=Robotic Total Station/GPS=Global Positioning System
52 Wheeler Road, Sugar Grove, IL 60554 (630)466-6700 tel — (630)466-6701 fax — www.eeiweb.com
rubrno
ENGINEERING INC. PROPOSAL
March 9, 2015
To: Timothy Weidner Re: Quality Assurance Testing Services
Engineering Enterprises, Inc. Larkin Avenue Resurfacing LAFO
52 Wheeler Road Elgin, Illinois
Sugar Grove, Illinois 60554 Section 15-00186-00-RS
P: 630.466.6752
F: 630.466.6701 Rubino Proposal#015.064
Via email: tweidner(cZeeiweb corn
Dear Mr. Weidner,
Rubino Engineering, Inc. is pleased to submit the following proposal to provide QA construction materials testing
and inspection services on the Larkin Avenue LAFO project in Elgin, Illinois.
PROJECT UNDERSTANDING
Rubino Engineering, Inc. received material quantities from you on March 6, 2015 and the following outlines our
understanding of the requested scope of services:
Proiect Name and Description
Larkin Avenue Resurfacing-
The work will consist of resurfacing Larkin Avenue and includes HMA surface removal, pavement
patching, HMA level binder, HMA surface course, sidewalk and curb and gutter removal and
replacement, pavement markings, detector loop replacement, landscaping and other appurtenant
work.
General Scope of Services
• QA Field testing of uncured concrete—Slump, air, temperature, and casting of cylinders
• QA Laboratory testing of cured concrete—Strength
• QA Field testing of hot mix asphalt(HMA)—Density by the nuclear method
• QA Laboratory testing of HMA—Bulk SG, Max SG, and Loss on Ignition
Extras
• Re-inspection for failed tests
• Work areas not ready for inspection at the time scheduled
• Delays by the contractor
• Cancellations
Rubino Engineering, Inc. proposes to provide experienced, technical personnel to perform the requested testing
in general accordance with the client-provided project specifications. If any of the above information is incorrect,
please notify us or change it on the signed copy of the proposal.
FEES
The work will be accomplished on a unit price basis in accordance with the Rubino Engineering, Inc. Schedule
of Services and Fees, and will be performed pursuant to the attached General Conditions. Copies of our
Schedule of Services and Fees and General Conditions are enclosed herewith and incorporated into this
proposal.
Rubino Engineering,Inc.•665 Tollgate Rd.•Unit H•Elgin,IL 60123•(847)931-1555•(847)931-1560 fax
Larkin Avenue Resurfacing Quality Assurance Testing Services 'Such ci 2015
Proposal:No:Q15.064
Rubino Engineering, Inc.'s fees will be determined by the actual amount of technical time expended for this
project and the amount of laboratory testing performed by the client's request. The fees charged under this
agreement are subject to change 6 months from the date of the proposal.
Rubino Engineering, Inc. will proceed with the planned work only after receiving a signed copy of this proposal.
Please complete the attached Project Data Sheet before returning the proposal to enable your file to be properly
established.
z
E 3 ,, 3 co y
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Item Description Unit Quantity ; N 4 d � r < g ;
co 4' 11- &
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ea ( BA - �
f0 O ° N ' CO
IO Co) U1 o O V O N O ONI
O O O G O O O O O O
HMA Surface Course, Mix "D", N70 TON 2929 16 4 2 4 1 1 1
PCC Sidewalk, 5"and 6" SQFT 2917 4 1 0.5 4 1
Class D Patch, 15" SQYD 455 8 2 1 2
Concrete Curb and Gutter B6.12 FOOT 230 4 1 0.5 4
Concrete Curb and Gutter B6.24 FOOT 706 4 1 0.5 4 1
36 0 9 4.5 6 12 �2q 1 1 1
CO TA
fA EFI 9 N N A EA 44
GRAND TOTAL= $5,499.00 0 ° o o a° o cn cc" ce
0 0 0 O 0 0 0 0 ° O
0
PROJECT SCHEDULING
Please contact Tim Dunne on his
cell phone to schedule testing services:
847-343-0749
tim.dunne(arubinoenq.com
Rulnno Engineering.Inc Page 2 of 7
Larkin Avenue Resurfacing Quality Assurance Testing Services March 9.2015
Proposal No:Qi5.064
CLOSING
Rubino appreciates the opportunity to offer our services for this project and we look forward to working with your
company. Please contact me with questions pertaining to this proposal or requests for additional services.
Respectfully submitted,
RUBINO ENGINEERING,INC.
RUBINO ENGINEERING,INC.IS:
g z �O, AN AASHTO-ACCREDITED LABORATORY- • -
Michel li L y �� IDOT PREQUALIFIED
Michel e A. Lipiri 'E IDOT DBE-CERTIFIED(100%WOMAN-OWNED)
President
michelle.libinski(@.rubinoenq.com
Rubino Engineering,Inc. Page 3 of
Larkin Avenue Resurfacing Quality Assurance Testing Services tfarch 9.2015
Proposal,Vo.QI5.064
AUTHORIZATION AND PROPOSAL ACCEPTANCE
If this proposal is acceptable to you, Rubino Engineering, Inc.will perform the work in accordance with
the attached General Conditions that are incorporated into and made a part of this proposal. Please
sign below as notice to proceed and return one copy of this proposal intact to our office. We will
proceed with the work upon receipt of signed authorization.
AGREED TO,THIS DAY OF , 20_
BY (please print):
TITLE:
COMPANY:
SIGNATURE:
PROJECT INFORMATION:
1. Project Name:
2. Project Location:
3. Your Job No: Purchase Order No.:
4. Project Manager: Telephone No.:
5. Site Contact: Telephone No.:
6. Number and Distribution of Reports:
( ) Copies To: ( ) Copies To:
Attn: Attn:
Email: Email:
IDOT Section No.: IDOT Contract No.:
IDOT Route No.: County:
IDOT Job No.: IDOT Project No.:
City: QC Plan(s) Attached:
7. Invoicing Address:
Attn:
Email:
8. Other Pertinent Information Or Previous Subsurface Information Available:
Ruhuro 6'ngnreering,Inc_ Page 4 ol
Larkin Avenue Resurfacing Quality Assurance Testing Services .tlarch 9 2015
Proposal No_Q15 064
Rubino Engineering, Inc.
Schedule of Construction Materials Testing Services&Fees through March 1, 2014(Illinois Prevailing Wage)
LABORATORY TESTING SERVICES
Compression testing of concrete cylinders by ASTM procedures Per Cylinder $ 17.00
Pick-up of samples and transportation to lab(Does not include vehicle charge) Per hour $ 87.00
Asphalt
Maximum Theoretical Specific Gravity Each $ 115.00
Bulk Specific Gravity Each $ 95.00
Ignition Oven Test/Reflux Extraction+Sieve Analysis Each $ 126.00
Core Densities Each $ 40.00
Soils-Density relationship
ASTM D698-AASHTO T99(Standard Proctor) Each $ 195.00
ASTM D1557-AASHTO T180(Modified Proctor) Each $ 215.00
Sample preparation for the above tests(clay samples) Each $ 40.00
MATERIAL TESTER-1 -Hand coring and drilling for testing of materials;field inspection of
uncured concrete and asphalt.
Per Hour $ 89.00
Per Hour Overtime(before 8am, after 5pm and Saturdays) $ 133.50
Per Hour Overtime Sundays and Holidays $ 169.10
MATERIAL TESTER-2-Field inspection of welds, structural steel, fireproofing, masonry, soil,
facade, reinforcing steel, formwork, cured concrete, and concrete and asphalt batch plants;
adjusting proportions of bituminous mixtures.
Per Hour $ 93 00
Per Hour Overtime(before 8am, after 5pm and Saturdays) $ 139.50
Per Hour Overtime Sundays and Holidays $ 176.70
EQUIPMENT CHARGES
Vehicle Charge-Round Trip Per Day $ 65.00
Nuclear Density Gage Per Day $ 40 00
CORING SERVICES
P.0 Concrete or Bituminous Concrete Coring-Personnel&Equipment Per Hour $ 225.00
Diamond Bit Charge,per inch diameter,per inch depth Per Inch $ 3.25
ENGINEERING SERVICES
Chief Engineer Per Hour $ 185.00
Project Engineer/Manager Per Hour $ 100.00
Administrative Assistant Per Hour $ 65.00
Report Review Each $ 50.00
REMARKS
1) All fees and services are provided in accordance with the attached Rubino Engineering,Inc.General Conditions.
2) Unit prices/rates are in effect for 6 months from the date of this proposal and are subject to change without notice thereafter.
3} Overtime rates are applicable for services performed in excess of 8 hours per day portal to portal,Monday through Friday,before 7:00 AM
or after 3:00 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 our control will be charged at the applicable hourly rate.
6) Transportation and per diem are charged at the applicable rates per trip.
7) Rates involving mileage(including transportation,mobilization,vehicle and trip charges)are subject to change based upon increases in the
national average gasoline price.
8) A minimum charge of 4 hours applies to field testing and observation services.
9) Scheduling or cancellation of field testing and observation services is required no less than the working day prior to the date the services are
to be performed.Services cancelled without advance and/or inadequate notice will be assessed a minimum 4-hour charge.
Rubeno Engineering.Inc. Page 5 of 7
Larkin Avenue Resurfacing Quality Assurance Testing Services Mardi 9.2015
Proposal No:QI5.064
10) For all Rubino Engineering,Inc.services,a project management/engineering review charge will be billed for all reports issued for the
scheduling/supervision of personnel and the evaluation/review of data and reports.
11) The minimum billing increment for time is a half hour.
12) A project set-up charge of a minimum of two hours applies to all projects.
13) Professional Services rates are exclusive of expert deposition or testimony time.
This proposal is based on Rubino Engineering,Inc.being scheduled on an on-call basis and letters of certification will not be provided
14) unless Rubino Engineering,Inc.is notified in advance and Rubino Engineering,Inc.is scheduled for full time inspection and testing of the
area or item to be certified.
15) If special inspections are required by the city where the construction is to take place,it must be brought to the attention of Rubino
Engineering,Inc.prior to the start of construction as additional charges will apply.
16) Prevailing wage fees are subject to change based on the Illinois Department of Labor.
17) Services and fees not listed on this schedule may be quoted on request.
Rubino Engineering. Inc. Page 6 of 7
Larkin Avenue Resurfacing Quality Assurance Testing Services March 4 2(115
Proposal Vol 015 064
GENERAL CONDITIONS
1. PARTIES AND SCOPE OF WORK: Rubino Ergneenrg, rc shad include said company or its camcular dvisron, subsidiary y affiliate pefc ri g tie work "Work means the specific
geotechrn cat analytIca testicg or other service to be performed by Rubino Engrreerrg, Ire as set tech in Rubino Engtreerrg,inc s proposal.Client's acceptance thereof and these General
Con.Ltens Additional or ordered by Olen(shall also De subject to these Genera,Conditions 'Client'refers to the person or cosiness entity ordeing the work to be done by Rucino Engineering,
Inc f Clent:s ordering the work or bemeif of another Client represents and warrarts hat it s the duly auhorced agent of sad party'or the purpose o'ordenrg and directing said work Unless
otherwise stated m wnting.Client assumes sole reSOOrSIDIllho for determining whehe the quantity and the rature of the work ordered Dy the client is adequate and sufficient`or Client's intended
purpose Client shall communicate these General Condit ens to each and every:hind party to whom Client trarsmrts arty part of Roping Engineering,Inc's work Rubino Engineering,Inc shalt have
no duty or obligation to any third party greater than that set fain'n Rubino Engineering,Inc's proposal.Cliert s acceptance thereof and these General Conditions The ordenrg of work from Rubino
Engineenng 'rc or the reliance or any of Rubino Engineenng me s work shall constitute acceptance of the terms of Rubino Ergineenrg,Inc`s proposal and these General Conditions,regardless of
the terns of ary subsequently issued document
2.TESTS AND INSPECTIONS: ;diem small cause ail tests and nspechon of the ate Tatedals arc work 2e-termed by Rubio Eng neenng,lac or others:o be timely aid property performed in
accordance with the plans,spec ficat ors and cort'act documerts and Rubino Engineering,Inc s recommendations No claims for loss damage or m,ury shall by brought agai nst Rubino Engineenng.
Inc by Client or any third party unless all tests and inspections nave been so performed and unless Rubino Engineerng,Ines-ecnmmendations have beer followed Crert agrees to indemnify.
defers and hold RUBINO ENGINEER.NG.INC its officers. oyees and agoras harmless from any and all dv n's,suits losses costs and expenses,including,but not limited lo court costs and
reasonable ahomey's fees do the evert that all such tests and inspections are not no performed or Rubino Engireenng,lac s'ecommendalions are not no(allowed except to the extent that such failure
is the result of the negligence willful or wanton ad of omr SSISn of Rubino Ergineenrg.Inc as officers agents at employees,subject ie lne limitation contained n paragraph
3.SCHEDULING OF WORK: The services set forth in Rubino Engineer rg,inc's proposal and Client's acceptance will be accomplished S a timely wor<martke and professional manner by RUBINO
ENGINEERING,if+C personnel at'roe prces quoted '.f Rubino Ergineenrg Ire is required to delay commencement a'he work cr if upon embadrmg upon its work, Rubino Ezg.neering,Inc is
required to stop a-interrupt:he progress of its work as a result of charges in the scope of the work requested by°hert to fui'II the requirements of third pales.irteruptions it he progress of
construction c other causes beyond he Cirect reasor(Caere able cortroi or Rubino E'gineenrg,Inc,adaiticnai charges w'ii be ape,r„able and Payable by Client
4.ACCESS TO SITE: Client mil emerge and provide such access to the site as,s necessary'or Rubno Engineenng inc to perform the work Rubino Engineering,ire shall take reasonable
measures and precautiars to mirimi ze darnage to the site and ary improvements located thereon as the result of its were o'the use of its equipment however Rubino Engineenng,Inc has not
included it s fee the cost of restoration of damage which-ray occur If Cliert desires or requires Rub no Ergineenrc Ire to restore the site to ds former condition,upon wanes request Rubino
Engineenng,..rc will perform such additional ware as is necessary to do no and Client agrees to pay Rubino Ergi neenng Inc for the cost
5.CLIENT'S DUTY TO NOTIFY ENGINEER: Client represents and warrants that.'has advised Rabin a Engireering,Inc of any knowir or suspected hazardous materials utility lines arc polutants at
any site at which Rubino E rgireerrg Ire is to do work Hereunder and Uness Rubino Engineenng,Inc has assumed Jr wr tirg the responsibility of:coating s=ubsurface objects structures lines a'
conduits Client agrees to defend,Irdertni'+y and save Rubino Erglneenng,ire ',armless from all.,aims suits,loses costs and expenses,including reasonable attorney's fees as 3 result of personal
r.ury,deal,or property damage occurrng Min respect to Rubino Engineerng,Irc s performance of its wars arc resulting to or caused by contact with subsurface of latent objects,structures,Imes or
conduits where the actual or potential presence and,cation thereof were not revealed to Rubino Ergineerng,'no by Client
6.RESPONSIBILITY: Rub no Engineenng Inc's work shall not MC detest-nil-4'g supervising or implee'erurg the means,methods techniques,sequences or procedures of consttutt or Rubino
Engineerirg,Inc shall not be resb'orsible'or eraluahrg,Teetering or affecting pb conditions corcernirg rear.,safety or welfare Rr.bina Fngineerng Inc's wo r or failure to perform same shall not in
any way excuse ary contractor,subcortractor or sup ter from ceifamarce of.ts sor'<in accordance war he contract occur-lents Put ra Engineenng Ids has no nght or duty to stop the contractors
work
7.SAMPLE DISPOSAL: Uriess otherwise agreed in w-ling,test specxm_ns or samples will be disposed mmedia'ely upon 0cmbleticr cf the test el:drlllhg samples or spec tress aril be disposed
sixty 60;days cider submission of Rubino Engineerng Inc's report
9_PAYMENT: Cheri snail be invoiced Prue each month'or work performed during me preceding period Client agrees m ray each invoice within thiry i3C1 days of its receipt 0 art furrier agrees tS
pay'Merest or a,i amounts invoiced and rot pais or objected to for va,id cause n writing with sale thirty!30i day pored at me rate of e gntee 1('S'percert per annum(or the maximum merest rate
permitted area applicable law',until pad Client agrees to pay R,n.no ergr'eerng.Ins's cost of ccilecnor of a amounts due and unpaid after sixty'BC)days.including court costs and reasonable
attorney's fees Rubino Engineering me shall not be board by any picvasicn or agreerrrnt requiring o provrcPg for arbitration or disputes or ccrtroiersies arising out of this agreerrert any provision
whereir Ru fro Ergineenrg.Inc waves any rignis to a mecmamcs Gen or any provision c.ordifinm rg Rubies Engineering ac's right to receive payment for is work upon payment to Cliert by any
third bury These Gereaa Conditions are notice where requited,that Rubino Ergi reenng,Inc shall fle a lien whenever necessary to omlect past due amounts Failare to make payment w thin thirty
(2Cn days of,mice shall constitute a'elease of Rubino E'girecrog, roc from any and al claims which Client may nave,whether in fort,cart-act or otherwise and whether known or unknown at the
time
9.WARRANTY: RUBINO ENGINE R:NG.INC S SERVICES WILL BE PERFORMED, ITS FINDINGS OBTAINED AND STS REPORTS PREPARED IN ACCORDANCE'WITH 05 PROPOSAL.
CLIENT'S ACCEPTANCE THEREOF THESE GENERAL OOf,DiTIONS AND WITH GENE-RALLY ACCEP cr RR NC.Pf.FS AND°RAC"CBS IN PERFORMING ITS PROFESSIONAL SERVICES,
RUBINC ENG NEERING NC WC_USE THAT DECREE OF CARE AND SKILL ORDINARILY EY_.PC SEC JNDER SIM LAR C'RCJMSTANCES Ed MEMBERS OF ITS PROFESSION THIS
WARRANTY IS IN LIEU OP ALL OTHER WARRANT'ES OR PEPRESENTA"t ONS ETHER EXPRESSED OR IMPLIED STATEMENTS MADE IN RUBINO ENG.NEERiNG,•NC REPORTS ARE
OPINIONS BASED:J?ON ENGINEEF NG JUDGMENT AND A?_NOT TORE CONSTRUED ASR PRESENTATIONS OF-ACT
SHOULD RUBINO ENGINEERING NC OR ANY OF'LS PROFESSIONAL EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT N THE PERFORMANCE OF ITS WORK,OR TO HAVE MADE
AND BREACHED ANY EXPRESSED OR IMP!=C WARRANTY.RE PRESENTATION OR CONTRACT C_IENT Al L PART E5'CA M,NG THROUGH C_EN"AND ALL PARTIES CLAIMING TO
HAVE IN ANY',NAY RELIED UPON RUBINO ENGINEERING INC S WORK AGREE'he:I THE MAX'.MUM AGGREGATE AMOJN` D"THE LABILITY OF RUBINO ENGINEERING INC.ITS
OF-ICERS EMPLOYEES AND AGENTS SHALL GE L.MITED TO 510,W0 OD OR T"E TOTAL AMOUNT'OF THE FEE PAID TO P(3iN0 ENGINEEP!NO INC FOR IS WORK PERFORMED
WITH RESPECT_O THE PROJECT Writ CHEVER AMOUNT 5 GREATER
NO ACTION OR CLAIM WHETHER !N TORT CONTRACT OR CTHERWISE MAY BE BROUGHT AGA.NET RUBINO ENE,NEERING. 'O'IC AR SING FROM OR RELATED TO RUB NC
E G'NEER.NG iNC'S WORK,MORE THAN TWO(2;YEARS AFTER THE CESSA"ION OF RUBINO ENGINEERINO,INC S WORK HEREUNDER
10.INDEMNITY: Subject to the foregoing limitations.Rubino Eng:neerng inc -sgre.es to -demn,fy and holy 0 gem:'oarrrless Hors and against any and ail dams,suits,costs and expenses including
reasonable attorney's fees and court costs arcing out of Rubino Engineering,:no s negligence to the extent of RUBINO ENS NEERING.'NC's negligence Cliert shalt provide'he same protection tc
the extert of its negligence in the event that Cliert or Cliert s pnndpai shall bring any Suit,cause of a_'cr,clam or counte^clam agalnut Rubino Ergineenrg Inc,the party initialing such action shall
pay to Rubino Engineering Inc Inc posts and expenses incurred Dy Rubin.F rgineenrg nc to Investigate answer and defe itl.t. rdudirg-easoran7e attoney's and witness fees and court costs tc
the extent Irat Rub,ro Engineenng,Inc shad prevai in such Suit
11.TERMINATION: This Agreement may De terminated Dy either party upon sever,7;days'prof written nonce r the event of te'r^inatior Rubino Engineenng,:no shall be compensated by Client
for all services performed up to and ndudfng the turf ratior dam including reimbursable expenses and for me completion of such serrtces and records as are necessary to place Rubiro Erglneenng.
Inc s Nes rr o=der andlor protect Is professional reputator
12.EMPLOYEES/WITNESS FEES: Rubino Ergrneednb Ica s employees shall hot be retained as expert wmesses except by separate writter agreerrert Client agrees to pay Ruhirio Engineenng
Inc s Segal expenses,admunrstrative costs and fees pursuant to Rubino Engineering,Inc s then currant fee schedule for Rebind Engineenng Inc.to respond to any subpoena Client agrees not to hire
Rubino Engineenng,Inc's employees except through Rubino Engineering.Inc In the event Cliert hires a Rubino Engineering Inc employee Client shall pay Rubino Engineering,Inc an amount
equal to one-half of the employee's annualized salary oath Rubino Engineenng inc waiving other remedies it may have
13,HAZARDOUS MATERIALS: Nothing containers within true agreement shall be construed or interpreted as requiring Rubino Engineering, Inc to assume the status of an owner operator
generator storey transporter treater or disposal facility as those terms appear within RCRA 9r within any Federal or State statute or regulation governing the generation.transportallofl,treatment,
storage and disposal of pollutants client assumes full responsibi,ty for compliance with'.he provisions of RCRA and any other Federal or Stale statute or regulation governing the handling Treatment.
storage and disposal of pollutants.
14.PROVISIONS SEVERABLE: The patsies have entered into this agreement in good faith and it is the specific intent of he parties that the terms of Ufe General Conditions be enforced as written
In the event any of the provisions of these Geterel Conditions should be round to be unenforceable rl shall be stricken and the remaining provisions shall be enforceable
15.ENTIRE AGREEMENT: This agreement constitutes the entire understanding of he padres 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.suited by each of the parties nerelo
Rubino Engineering, Inc. Page 7 of