15-48 Resolution No. 15-48
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
ENGINEERING ENTERPRISES, INC. FOR DESIGN ADMINISTRATION AND
PLANNING ENGINEERING SERVICES IN CONNECTION WITH THE
SOUTH STREET EXTENSION 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 agreement on behalf of the City of Elgin with Engineering Enterprises,Inc.for
design administration and planning engineering services in connection with the South Street
Extension Project, a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: April 8, 2015
Adopted: April 8, 2015
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this 8th day of April , 2015, by and
between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to as"CITY")
and Engineering Enterprises,Inc. an Illinois corporation (hereinafter referred to as"ENGINEER").
WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional
services in connection with South Street Extension (hereinafter referred to as the PROJECT); and
WHEREAS, the ENGINEER represents that he is in compliance with Illinois Statutes
relating to professional registration of individuals and has the necessary expertise and experience to
furnish such services upon the terms and conditions set forth herein below.
NOW,THEREFORE,it is hereby agreed by and between the CITY and the ENGINEER that
the CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and
covenants contained herein,the sufficiency of which is hereby acknowledged to act for and represent
it in the engineering matters involved in the PROJECT as described herein,subject to the following
terms and conditions and stipulations, to-wit:
1. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the CITY ENGINEER
of Public Works of the CITY, herein after referred to as the "CITY ENGINEER".
B. The PROJECT will include engineering efforts to bid a single cohesive project that
will encompass planned improvements to the existing South Street and culvert
system, construction of an extension currently designed to about a ninety (90%)
percent level,construction of a second extension originally proposed by a developer
with plans insufficient to bid and the extension of a sanitary sewer trunk line
currently designed to about ninety-five (95%)percent. The PROJECT will include
culvert replacement/extension over Otter Creek,existing pavement resurfacing,the
reconstruction of some pavement,a significant amount of new pavement,potentially
a bike path(may build pad and allow path to be constructed later),sidewalk,curb and
gutter, lighting, signage, landscaping, storm sewer and some water and sanitary if
necessary in the developer portion of the project, all of which will result in a new
street between Randall Road and Longcommon Parkway.
C. A detailed Scope of Services is attached hereto as Attachment A.
2. PROGRESS REPORTS
A. An outline project milestone schedule is provided hereinunder.
B. A detailed project schedule for the Project is included as Attachment B, attached
hereto. Progress will be recorded on the project schedule and submitted monthly as a
component of the Status Report described in C below.
C. The ENGINEER will submit to the CITY ENGINEER monthly a status report keyed
to the project schedule. A brief narrative will be provided identifying progress,
findings and outstanding issues.
3. WORK PRODUCTS
All work product prepared by the ENGINEER pursuant hereto including,but not limited to,
reports, plans, designs, calculations, work drawings, studies, photographs, models and
recommendations shall be the property of the CITY and shall be delivered to the CITY upon
request of the CITY ENGINEER;provided,however,that the ENGINEER may retain copies
of such work product for its records. ENGINEER'S execution of this Agreement shall
constitute ENGINEER'S conveyance and assignment of all right,title and interest,including
but not limited to any copyright interest, by the ENGINEER to the CITY of all such work
product prepared by the ENGINEER pursuant to this Agreement. The CITY shall have the
right either on its own or through such other engineers as determined by the CITY to utilize
and/or amend such work product. Any such amendment to such work product shall be at the
sole risk of the CITY. Such work product is not intended or represented to be suitable for
reuse by the CITY on any extension to the PROJECT or on any other project,and such reuse
shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER.
4. PAYMENTS TO THE ENGINEER (Not To Exceed Method)
A. For services provided the ENGINEER shall be paid in accordance with the
ENGINEER'S Standard Schedule of Charges dated January 1,2015,(Attachment D)
for personnel employed on this PROJECT, with the total fee not to exceed
$305,051.00 regardless of the actual costs incurred by the ENGINEER unless
substantial modifications to the scope of the work are authorized in writing by the
CITY ENGINEER.
B. For outside services provided by other firms or subconsultants, the CITY shall pay
the ENGINEER the invoiced fee to the ENGINEER,plus 0%. Such outside services
include, but are not limited to services to be provided by Rubino Engineering, Inc.
($4,850.00), Benesch ($65,000.00) and the costs of all such outside services are
included within the above-referenced total fee not to exceed amount of$305,051.00.
C. Other components of the fee shall include printing,supplies and miscellaneous direct
costs that will be invoiced to the CITY without mark-up. All costs for such other
components are included in the above-referenced total fee not to exceed amount of
$305,051.00.
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
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schedule, and full payments for each task shall not be made until the task is
completed and accepted by the CITY ENGINEER.
Payment Schedule
ESTIMATED ESTIMATED VALUE ESTIMATED INVOICE
DATE %COMPLETE OF WORK COMPLETE VALUE
2/28/2015 20% $ 61,010.20 $ 61,010.20
3/31/2015 10% $ 91,515.30 $ 30,505.10
4/30/2015 10% $ 122,020.40 $ 30,505.10
5/31/2015 25% $ 198,283.15 $ 76,262.75
6/30/2015 25% $ 274,545.90 $ 76,262.75
7/31/2015 5% $ 289,798.45 $ 15,252.55
8/31/2015 5% $ 305,051.00 $ 15,252.55
Total 100% $ 305,051.00
5. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress
reports (2C above) will be included with all payment requests.
B. The ENGINEER shall maintain records showing actual time devoted and cost
incurred. The ENGINEER shall permit the authorized representative of the CITY to
inspect and audit all data and records of the ENGINEER for work done under this
Agreement. The ENGINEER shall make these records available at reasonable times
during the Agreement period, and for a year after termination of this Agreement.
6. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any
time upon fifteen (15) days prior written notice to the ENGINEER. In the event that this
Agreement is so terminated, the ENGINEER shall be paid for services actually performed
and reimbursable expenses actually incurred prior to termination,except that reimbursement
shall not exceed the task amounts set forth under Paragraph 4 above.
7. TERM
This Agreement shall become effective as of the date the ENGINEER is given a notice to
proceed and,unless terminated for cause or pursuant to Article 5,shall be deemed concluded
on the date the CITY determines that all of the ENGINEER's work under this Agreement is
completed. A determination of completion shall not constitute a waiver of any rights or
claims which the CITY may have or thereafter acquire with respect to any term or provision
of the Agreement.
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8. NOTICE OF CLAIM
If the ENGINEER wishes to make a claim for additional compensation as a result of action
taken by the CITY,the ENGINEER shall give written notice of his claim within 15 days after
occurrence of such action. No claim for additional compensation shall be valid unless so
made. Any changes in the ENGINEER'S fee shall be valid only to the extent that such
changes are included in writing signed by the CITY and the ENGINEER. Regardless of the
decision of the CITY ENGINEER relative to a claim submitted by the ENGINEER,all work
required under this Agreement as determined by the CITY ENGINEER shall proceed without
interruption.
9. BREACH OF CONTRACT
If either party violates or breaches any term of this Agreement,such violation or breach shall
be deemed to constitute a default, and the other party has the right to seek such
administrative, contractual or legal remedies as may be suitable to the violation or breach;
and, in addition, if either party,by reason of any default, fails within fifteen (15) days after
notice thereof by the other party to comply with the conditions of the Agreement, the other
party may terminate this Agreement. Notwithstanding the foregoing,or anything else to the
contrary in this Agreement, with the sole exception of an action to recover the monies the
CITY has agreed to pay to the ENGINEER pursuant to Paragraph 4 hereof,no action shall be
commenced by the ENGINEER against the CITY for monetary damages. ENGINEER
hereby further waives any and all claims or rights to interest on money claimed to be due
pursuant to this Agreement, and waives any and all such rights to interest which it claims it
may otherwise be entitled pursuant to law, including, but not limited to, the Local
Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois
Interest Act(815 ILCS 205/1,et seq.),as amended. The parties hereto further agree that any
action by the ENGINEER arising out of this Agreement must be filed within one year of the
date the alleged cause of action arose or the same will be time-barred.The provisions of this
paragraph shall survive any expiration, completion and/or termination of this Agreement.
10. INDEMNIFICATION
To the fullest extent permitted by law,ENGINEER agrees to and shall indemnify,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 paragraph shall survive any expiration and/or termination of
this Agreement.
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11. NO PERSONAL LIABILITY
No official, CITY ENGINEER, officer, agent or employee of the CITY shall be charged
personally or held contractually liable under any term or provision of this Agreement or
because of their execution, approval or attempted execution of this Agreement.
12. INSURANCE
A. Comprehensive Liability. The ENGINEER shall provide,pay for and maintain in
effect,during the term of this Agreement,a policy of comprehensive general liability
insurance with limits of at least $1,000,000 aggregate for bodily injury and
$1,000,000 aggregate for property damage.
The ENGINEER shall deliver to the CITY ENGINEER a Certification of Insurance
naming the CITY as additional insured. The policy shall not be modified or
terminated without thirty (30) days prior written notice to the CITY ENGINEER.
The Certificate of Insurance which shall include Contractual obligation assumed by
the ENGINEER under Article 10 entitled "Indemnification" shall be provided.
This insurance shall apply as primary insurance with respect to any other insurance or
self-insurance programs afforded to the CITY. There shall be no endorsement or
modification of this insurance to make it excess over other available insurance,
alternatively, if the insurance states that it is excess or prorated,it shall be endorsed
to be primary with respect to the CITY.
B. Comprehensive Automobile Liability. Comprehensive Automobile Liability
Insurance covering all owned,non-owned and hired motor vehicles with limits of not
less than $500,000 per occurrence for damage to property.
C. Combined Single Limit Policy. The requirements for insurance coverage for the
general liability and auto exposures may be met with a combined single limit of
$1,000,000 per occurrence subject to a $1,000,000 aggregate.
D. Professional Liability. The ENGINEER shall carry Engineers Professional Liability
Insurance Covering claims resulting from error, omissions or negligent acts with a
combined single limit of not less than $1,000,000 per occurrence. A Certificate of
Insurance shall be submitted to the CITY ENGINEER as evidence of insurance
protection. The policy shall not be modified or terminated without thirty (30) days
prior written notice to the CITY ENGINEER.
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13. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES,
PROCEDURES AND SAFETY
The ENGINEER shall not have control over or charge of and shall not be responsible for
construction means,methods,techniques, sequences or procedures,or for safety precautions
and programs in connection with the construction,unless specifically identified in the Scope
of Services.
14. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement,there shall be no
discrimination against any employee or applicant for employment because of sex,age,race,
color,creed,national origin,marital status,of the presence of any sensory,mental or physical
handicap, unless based upon a bona fide occupational qualification, and this requirement
shall apply to, but not be limited to, the following: employment advertising, layoff or
termination,rates of pay or other forms of compensation and selection for training,including
apprenticeship.
No person shall be denied or subjected to discrimination in receipt of the benefit of any
services or activities made possible by or resulting from this Agreement on the grounds of
sex,race,color,creed, national origin, age except minimum age and retirement provisions,
marital status or the presence of any sensory,mental or physical handicap. Any violation of
this provision shall be considered a violation of a material provision of this Agreement and
shall be grounds for cancellation, termination or suspension, in whole or in part, of the
Agreement by the CITY.
15. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the successors and
the assigns of the parties hereto; provided, however, that no assignment shall be made
without the prior written consent of the CITY.
16. DELEGATIONS AND SUBCONTRACTORS
Any assignment,delegation or subcontracting shall be subject to all the terms,conditions and
other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with
respect to each and every item,condition and other provision hereof to the same extent that
the ENGINEER would have been obligated if it had done the work itself and no assignment,
delegation or subcontract had been made. Any proposed subcontractor shall require the
CITY's advanced written approval.
17. NO CO-PARTNERSHIP OR AGENCY
This Agreement shall not be construed so as to create a partnership, joint venture,
employment or other agency relationship between the parties hereto.
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18. SEVERABILITY
The parties intend and agreed that, if any paragraph, sub-paragraph,phrase, clause or other
provision of this Agreement, or any portion thereof, shall be held to be void or otherwise
unenforceable, all other portions of this Agreement shall remain in full force and effect.
19. HEADINGS
The headings of the several paragraphs of this Agreement are inserted only as a matter of
convenience and for reference and in no way are they intended to define,limit or describe the
scope of intent of any provision of this Agreement, nor shall they be construed to affect in
any manner the terms and provisions hereof or the interpretation or construction thereof.
20. MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes the entire Agreement of the parties on the
subject matter hereof and may not be changed, modified, discharged or extended except by
written amendment duly executed by the parties. Each party agrees that no representations or
warranties shall be binding upon the other party unless expressed in writing herein or in a
duly executed amendment hereof, or change order as herein provided.
21. APPLICABLE LAW
This Agreement shall be deemed to have been made in,and shall be construed in accordance
with the laws of the State of Illinois. Venue for the resolution of any disputes or the
enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane
County, Illinois.
22. NEWS RELEASES
The ENGINEER may not issue any news releases without prior approval from the CITY
ENGINEER, nor will the ENGINEER make public proposals developed under this
Agreement without prior written approval from the CITY ENGINEER prior to said
documentation becoming matters of public record.
23. COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants in the CITY's employ or any
work associated with the PROJECT.
24. INTERFERENCE WITH PUBLIC CONTRACTING
The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result
of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid
rigging.
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25. SEXUAL HARASSMENT
As a condition of this contract,the ENGINEER shall have written sexual harassment policies
that include, at a minimum, the following information:
A. the illegality of sexual harassment;
B. the definition of sexual harassment under state law;
C. a description of sexual harassment, utilizing examples;
D. the vendor's internal complaint process including penalties;
E. the legal recourse, investigative and complaint process available through the Illinois
Department of Human Rights, and the Illinois Human Rights Commission;
F. directions on how to contact the department and commission;
G. protection against retaliation as provided by Section 6-101 of the Human Rights Act.
A copy of the policies shall be provided by ENGINEER to the Department of Human Rights
upon request 775 ILCS 5/2-105.
26. SUBSTANCE ABUSE PROGRAM.
As a condition of this agreement,ENGINEER shall have in place a written substance abuse
prevention program which meets or exceeds the program requirements in the Substance
Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy
shall be provided to the City's Assistant City Manager prior to the entry into and execution of
this agreement.
27. WRITTEN COMMUNICATIONS
All recommendations and other communications by the ENGINEER to the CITY
ENGINEER and to other participants which may affect cost or time of completion, shall be
made or confirmed in writing. The CITY ENGINEER may also require other
recommendations and communications by the ENGINEER be made or confirmed in writing.
28. NOTICES
All notices, reports and documents required under this Agreement shall be in writing and
shall be mailed by First Class Mail, postage prepaid, addressed as follows:
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A. As to CITY:
Joseph Evers
City Engineer
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to ENGINEER:
Thomas W. Talsma
Vice President
Engineering Enterprises, Inc.
40 Wheeler Road
Sugar Grove, lllinois 60554
29. COMPLIANCE WITH LAWS
Notwithstanding any other provision of this Agreement it is expressly agreed and understood
that in connection with the performance of this Agreement that the ENGINEER shall comply with all
applicable Federal, State, City and other requirements of law, including, but not limited to, any
applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal
status of employees. Without limiting the foregoing, ENGINEER hereby certifies, represents and
warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products
and/or services with respect to this Agreement shall be legal residents of the United States.
ENGINEER shall also at its expense secure all permits and licenses, pay all charges and fees and
give all notices necessary and incident to the due and lawful prosecution of the work, and/or the
products and/or services to be provided for in this Agreement. The CITY shall have the right to
audit any records in the possession or control of the ENGINEER to determine ENGINEER'S
compliance with the provisions of this section. In the event the CITY proceeds with such an audit
the ENGINEER shall make available to the CITY the ENGINEER'S relevant records at no cost to
the CITY. ENGINEER shall pay any and all costs associated with any such audit.
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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:
B /�G�v1 0"� ' By: 440444 081611‘14/L._
Y
City Manager Name/Print: Thomas W. Talsma
Title: Vice President
Attest: 44eZe.606'
City Cler
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ATTACHMENT A
DESIGN, ADMINISTRATION &
PLANNING ENGINEERING ACTIVITIES
1. OVERALL
1. General: The Design Engineer will serve as the City of Elgin's representative for the
entire design and administration of the planning for the project as assigned by the City.
As such he will function as an extension of the City's staff and be responsible for
overall implementation and management of the project. The Design Engineer shall
include implementation of City policies, program administration, coordination and
monitoring of consultants and contractors providing overall management control and
direction to insure completion of the bidding and planning documents in accordance
with the City's objectives of cost, time and quality. The Design Engineer will work
closely with and report to the City Engineer or his designee. It shall be understood
that the Design Engineer will act as the City Engineer on this project and shall
coordinate with other City entities such as the Legal Department, City Clerk,
Purchasing Director, Water Director, Sewer Director and Street Director. The Design
Engineer shall be responsible for acting as the City Engineer on this project in regards
to Federal, State and County issues as well.
2. Law: The Design Engineer is expected to understand all State, County and City Laws
governing the implementation of his bidding and planning documents.
2. DESIGN
1. Design:
a. Project Location:
Exhibit 1 establishes the streets and/or areas to be includes in the Design
Engineer's bidding and planning documents.
b. Project Kickoff:
• Establish lines of communication.
• Present a work plan for the project including schedule milestones, design
criteria (utilize existing standard City contract as a base model), list of
information needed to begin design.
• Acquire existing information including previous reports plans of recent
development and relevant site information
• Collect water, sanitary and storm atlases
• Interview and document same, the Sewer, Water and Street departments
for their knowledge of issues within the project location.
• Collect and analyze public utility records and notify utility of pending
project.
c. Inspection of Project Location:
The Design Engineer shall provide site inspection of the entire area as well as
immediately adjacent area. The following shall be included;
• Physical inspection of all manholes, valve vaults, catchbasins, inlets,
electrical vaults.
• Video recording of existing improvements within and adjacent to the
project location. Also, private property as it abuts the project.
• Additional geotechnical investigations to serve as an addendum to the
existing reports.
• Signage inventory.
• Pavement marking inventory.
• Trees inventory.
• Lighting inventory.
d. Scope of Work Refinement:
Based upon the collection of the above information, the Design Engineer shall
refine the scope of work, including an estimate of cost, and obtain approval from
the City. The Design Engineer shall include alternatives sufficient to insure the
base bid will be below the total budget (when considering testing, publications,
inspections and other typical costs found in construction projects).
e. Construction Documents:
Design Engineer will complete plan sheets as necessary, construction estimates,
construction specifications, bid and contract documents utilizing a City format.
Any alterations or additions to the City format shall be highlighted and fully
explained to the City Engineer or his representative. Plan sheets shall be
provided for all underground work including water main, storm sewer and sanitary
improvements.
e. Scheduling:
For this agreement, the Design Engineer shall develop a schedule for all steps
from execution of this agreement to contract award. The schedule shall be
updated at a minimum of every two weeks and submitted to the City Engineer or
his designee.
f. Surveying:
The Design Engineer shall provide a topographic survey of the entire project
limits. The survey shall also pick up existing underground improvements that
the City is not improving if the City does not have as constructed drawing for
same. Base plan sheets will be developed from this survey at a scale of 1"=50'.
Page 3
g. Construction Estimate:
The Design Engineer shall prepare several estimates related to the work the City
desires to have completed under this project. Separate estimates are required
for each of the utilities and separate locations should the project include
multiple locations. In addition, the Design Engineer shall set the project
estimates up to allow for alternates to insure a project may be bid and awarded
as close to the budget as possible.
h. Agency coordination:
At a minimum, the Design Engineer shall schedule meetings with the City and any
other interested agency, at about the midway point in their plan and specification
development to insure they are meeting the expectations of the City. A second
meeting shall be held with the City at approximately 95% completion to finalize
the bid, specifications and planning documents.
The Design Engineer shall prepare any and all necessary permits and documents
required by the Illinois Environmental Protection Agency and any other
governmental agency that has a regulatory interest in the project.
The Design Engineer shall coordinate with all public utility companies including
verification of the soundness of their structures and any potential
relocations/delays.
3. BIDDING
1. Prepare bid forms, notices and addendum as necessary for bidders.
2. Coordinate with the local newspaper to insure the notice is published 10 days in
advance of the bid opening.
3. Provide (25) sets of drawings and specifications to be issued by the City to
prospective bidders.
4. Attend pre-bid meeting with prospective bidders to provide clarification for issues
and concerns from bidders. The Engineer will also distribute minutes from pre-
bid meeting to the City and all meeting attendees with written answers to
concerns/questions from the meeting.
5. The selected Engineer will receive bidder questions and requests for clarification.
Based on these questions and requests, the selected Engineer will prepare
addenda as necessary to respond to the questions presented. Addenda will be
issued to the City for distribution to the bidders.
6. Attend the bid opening and evaluate the bids and bidders to determine if the bids
were submitted in accordance with the contract documents and if the bidders are
qualified to perform the work. Following this review, a recommendation will be
presented to the City for award of the construction contracts.
7. Prepare tabulation of bids for distribution to City agencies and interested bidders.
Page 4
8. Assist the City in the preparation of six (6) copies of final contracts for execution
by the successful bidder and the City.
4. EXCLUSIONS
The following items are not included in this contract. These items can be completed under
a separate contract at an additional cost if necessary:
1. Legal survey and related documents.
2. Work associated with land acquisition.
3. Wetland delineations and ACOE permitting.
4. Additional revisions and submittals after approved Final plans, due to delays in
funding or land acquisition.
EYEate+ieiseA MU ATTACHMENT B-PROPOSED SCHEDULE _
SOUTH STREET EXTENSION ilk
City of Elgin,IL E LG I N
n5 COY aV Otle%t UN*%
WORK Year: 2016
ITEM I Month: January February March April May June July August September October November December
NO. WORK ITEM WeekStartin•: 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4
FINAL ENGINEERING ___ __
1.0 Project Management Meetings and Coordination -- ---M� ���-�' -
3.0 Data Collection .— .1111111..11111..11 .0 111 3.0 Con duct
1o.o.ra•hlc Surve and Field Invest•ations
4.0 Geotechnical Investigation
6.0 Final Plans and S• I_�.'-
6.0 Final Plans and S•eclflcations I
7.0 Pr••aration of Quantities and Estimates ------- 1111111.MMIIIIMMI -
3,0 Permits _ ------ .
9.0 Public Coordination _ _ _ .
10.0 Bidding and Contracting _ +—•
Legend
6
Project Administration/Management Final Engineering
Meetings Permitting
Survey/Inspections/Investigations Bidding and Contracting
ik
40/ 8i "' 'oEr'ha "'.k'' ATTACHMENT C-ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST E LG I N
PROFESSIONAL ENGINEERING SERVICES
nc crry w i>e wreumm
SOUTH STREET EXTENSION
City of Elgin,IL
ENTITY: ENGINEERING SURVEYING DRAFTING ADMIN. WORK
PRINCIPAL SENIOR SENIOR ITEM COST
WORK PROJECT ROLE: IN PROJECT LEAD PROJECT PROJECT PROJECT CAD PROJECT HOUR PER
ITEM CHARGE MANAGER DESIGNER DESIGNER MANAGER SURVEYOR I TECHNICIAN MANAGER TECHNICIAN ADMIN. SUMM. ITEM
NO. WORK ITEM HOURLY RATE: $185 $158 $137 S125 S158 $146 $125 $137 S125 $78
FINAL E IGINEERING
1.0 Project Management,Meetings and Coordination 30 80 1 - 1 - - 1 - - 113 $ 18,622
2.0 Data Collection 5 26 - - - - - - - 2 33 $ 5,189
3.0 Conduct Topographic Survey and Field Investigations - - 20 20 91 40 80 - - - 251 $ 35,458
4.0 Geotechnical Investigation 9 22 - - 1., - 10 - - - 42 $ 6,549
5.0 Utility Coordination 2 12 29 4 - - - - - 1 48 $ 6,817
6.0 Final Plans and Specifications 35 120 180 140 - - - 180 180 2 837 $ 114,911
7.0 Preparation of Quantities and Estimates 2 12 30 30 - - - - - - 74 $ 10,126
8.0 Permits - 4 28 11 - - - - 2 45 $ 5,999
9.0 Public Coordination 15 25 15 - - - - - - - 55 $ 8,780
10.0 Bidding and Contracting 3 24 31 - 2 60 $ 8,750
181 1 1 B0 9 1x559'< ."R!'4'20t
PROJECT TOTAL: 101 325 334 205 93 40 90 181 180 9 1,558 $ 221,201
DIRECT EXPENSES LABOR SUMMARY
Printing= $ 3,000 Engineering Expenses= $ 141,418
Supplies 8 Misc.= $ 1,000 Surveying Expenses= $ 31,784
Geotechnical(Rubino)= $ 4.850 Drafting Expenses= $ 47,297
Structural and Lighting(Benesch)= $ 65,000 Administrative Expenses= $ 702
Environmental(TBD)_ $ 10.000 TOTAL LA Ofi : *C..$ '12t201
D9iECT-EXPENSES• 3 APO
TOTAL EXPENSES a $ 305,051
Attachment D
111!ill Standard Schedule of Charges
January 1,2015
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 $137.00
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 $ 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)
*RTS=Robotic Total Station/GPS=Global Positioning System
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1♦ <'-b P�o�o /0,&" IN : ",,eai;creel' v ,: Project Limits II los Engineering Enterprises,Inc. City I Elgin a[cr xo p15 SOUTH STREET EXTENSION EXHIBIT 1
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b enesch Michigan . Company
�/ 205 North Michigan Avenue,Suite 2400
engineers scientists planners Chicago,1L 60601-5927
www.benesch.com
312-565-0450
312-565-2497
February 6, 2015
Ms.Julie Morrison, PE
Project Manager
Engineering Enterprises, Inc.
52 Wheeler Road
Sugar Grove, IL 60554
Subject: South Street Extension for the City of Elgin, Illinois
Dear Julie:
Alfred Benesch &Company(Benesch) is pleased to submit this proposal to provide Phase II structural
engineering/review and electrical engineering services for the South Street Extension project in Elgin,
Illinois(City). Benesch will serve as a subconsultant to Engineering Enterprises, Inc. (EEI) on this project.
This proposal outlines our scope and the cost required for Benesch to successfully complete the project.
Your signature on Page 4 constitutes an acceptance of the terms of this proposal and a notice to
proceed with the work.
We understand that the City is requesting engineering/review of the final culvert and retaining wall
PS&E package prepared by HLR in 2010.The City is also requesting lighting design of the South Street
Extension.The structural design and review services will be performed in accordance with the latest
AASHTO LFD and IDOT design manuals and specifications.The lighting design will be in accordance with
IESNA's Recommended Practice RP-8-14 as well as IDOT and City standards.
SCOPE OF WORK:
1.0 General Assumptions/Observations
• Proposed structural plans, specifications,estimates, calculations, and all related reports will
be provided by the City or EEI
• Existing plans for SN 045-6310 will be provided by the City or EEI, if available
• Items included in this proposal are:
o New 178 ft. long double barrel precast concrete box culvert(unknown Structure
Number(SN))that replaces SN 045-6310
o Two new Soldier Pile and Lagging Retaining Walls
o Street lighting
• EEI will perform all necessary CADD modifications to the final structural plans
• EEI will provide Benesch with any roadway items (such as topo,survey,cross sections,
Geopak files, etc.)to facilitate the review of the culvert and retaining wall plans as well as
the development of the street lighting plans
4
Ms.Julie Morrison, PE benesch
February 6, 2015
Page 2 engineers.scientists•planners
• Benesch will perform all CADD work to the lighting plans
• The Geotechnical Report was prepared in 2007 by PSI and includes two structural borings in
the vicinity of the proposed culvert and walls
• Our proposal does not include any temporary walls for stage construction
• One site visit is included in this proposal
• No field inspections are included in this proposal
• Any ROW issues will be handled by the City
• Any required permits will be handled by others
• Phase III Shop Drawings and Calculation Review are not included in this proposal
• The culvert shown on the plans is assumed to be approved by the City. A different structure
type evaluation is not included in this proposal
• Revising the structural plans to be in conformance with the Final Plan Checklist provided in
the IDOT Bridge Manual is not required nor included in this proposal
• Construction staging sequence of the culvert and walls as shown on the final plans is not
anticipated to change
2.0 Structural Engineering/Review
The culvert and retaining walls were designed between 2007 and 2010 by HLR utilizing the LFD
(not LRFD)design specification methodology. Benesch's review will include the following:
• Request new Structure Number from IDOT since one is not provided on the plans
• Review the horizontal and vertical geometry of the culvert,wingwalls and retaining
walls
• Confirm the proper retaining wall type shown on the final plans.The design of a new
wall type is not included in this proposal
• Check the culvert,wingwall and retaining wall designs using the LFD design
specifications
• Design updates of the culvert,wingwall and retaining wall are included in this proposal,
as required
• Review the structural specification and update any outdated specification to meet the
latest IDOT Standard Specifications and Special Provisions
• Minimal design assistance in the construction staging of the culvert and walls, as needed
• Update the structural cost estimate
• Benesch will provide EEI with comments via email and scanned mark-ups
• Final culvert and retaining wall plans will be signed and sealed by a Licensed Structural
Engineer in the State of Illinois
3.0 Lighting Design
Benesch will prepare the proposed street lighting design, plans,specifications, estimates and
service coordination for the approximately 0.75-mile extension of South Street.The number of
plan sheets assumes a 1"=50'scale.This estimate assumes three project submittals (Preliminary,
Pre-Final and Final). Final lighting plans will be signed and sealed by a Licensed Professional
Engineer in the State of Illinois.
Ms.Julie Morrison, PE benesch
February 6, 2015
Page 3 engineers•scientists•planners
4.0 Bidding Assistance
Benesch will assist the City with any structural and lighting related questions that are posed by
the contractors during the bidding process. In addition,two Benesch employees will attend a
mandatory pre-bid meeting.
5.0 Quality Control
• Benesch's Quality Control Plan developed for IDOT project work will be utilized.
6.0 Administration and Coordination
• Coordination meetings and discussions will be held via conference call and e-mail as
required
• Normal accounting and reporting procedures will be conducted
SCHEDULE
Benesch understands the project schedule is as follows:
• Design—March through July, 2015
• Letting- End of July, 2015
Benesch will begin work immediately upon authorization to proceed and will meet the above schedule.
COST
Benesch shall be compensated the Lump Sum cost of$65,000 for this project which includes in-house
direct costs.Any outside direct expenses would be billed separately at actual cost but are not
anticipated for this project.Additional services or modifications to the agreement, including associated
costs,shall be in writing and signed by both parties prior to beginning the work.The attached Exhibit A
is Benesch's Standard Terms and Conditions for Professional Services.
If this scope, schedule,cost and conditions are acceptable to Engineering Enterprises, Inc., please sign
and return one copy for our records.We thank you for the opportunity to work with Engineering
Enterprises, Inc.,and the City of Elgin on this assignment. If you have any questions or if we can be of
further assistance, please do not hesitate to call.
Ms.Julie Morrison, PE benesch
February 6, 2015
Page 4 engineers•scientists•planners
Very truly yours,
David J. Morrill, PE,SE
Senior Vice President
Attachment: Exhibit A—Standard Terms and Conditions for Professional Services
ACCEPTED
Engineering Enterprises, Inc.
By:
Title:
Date:
p:\mbendok\project management\proposals\eei\elgin-south street\eei south street extension proposal.docx
. 4. benesch
engireers . scientists . planners
EXHIBIT A - STANDARD TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES
SECTION I-SERVICES BY CONSULTANT 2.2.3 Overtime Rates
The basis for payment to CONSULTANT for each hour
1.1 General worked in excess of forty(40) hours in any calendar week
CONSULTANT shall provide services under this shall be the applicable hourly rate as specified in the
AGREEMENT only upon request of the CLIENT, and only Schedule of Unit Rates.
to the extent defined and required by the CLIENT. These
services may include the use of outside services, outside 2.3 Payment for Direct Expenses
testing laboratories, and special equipment. 2.3.1 Payment
Attachments to this AGREEMENT are as identified on the For Direct Expenses incurred by CONSULTANT, payment
signature page to this AGREEMENT or using serially to CONSULTANT by the CLIENT shall be in accordance
numbered Work Authorizations, and with these GENERAL with CONSULTANT's Schedule of Unit Rates.
CONDITIONS,are all as attached hereto, and made a part 2.3.2 Direct Expenses
of this AGREEMENT. For the purposes of this AGREEMENT, Direct Expenses
to be contracted and managed by CONSULTANT and
1.2 Scope of Services and Fees payable by CLIENT to CONSULTANT shall include:
The services to be performed by CONSULTANT and the Outside Services including the services and reimbursable
associated fee are attached hereto and made a part of this expenses for firms other than CONSULTANT which are
AGREEMENT or using by serially numbered Work necessary for the work the CONSULTANT is directed to
Authorizations, all as identified on the signature page to perform; Laboratory Tests and related reports necessary
this AGREEMENT, and shall be performed by the for the work the CONSULTANT is directed to perform,
CONSULTANT in accordance with the CLIENT's either by the CONSULTANT or by an outside service for
requirements. It is mutually understood that the CONSULTANT; Special Equipment expenses
CONSULTANT'S fee is not a firm contractual amount including the costs of the CONSULTANT locating,
except the total fee by the CONSULTANT shall not be acquiring, leasing, or renting any equipment or facilities
exceeded unless authorized in writing by the CLIENT. not currently owned, leased, or rented by CONSULTANT
The intent of the Scope of Services is to identify the at the time of the request for services which are necessary
services to be provided by CONSULTANT. However, it is to enable CONSULTANT to provide the services
specifically understood that by written notice to requested; vehicles furnished by CONSULTANT for
CONSULTANT, CLIENT can decrease or, with CONSULTANT's authorized travels and for
concurrence of CONSULTANT, increase the Scope of CONSULTANT's field personnel; Per Diem expense or
Services. actual costs of maintaining CONSULTANT's field
personnel on or near the Project site, for each day of field
SECTION II-PAYMENTS TO CONSULTANT assignment away from CONSULTANT's office; and Other
Direct Expenses associated with all services provided
hereunder and identified in the Schedule of Unit Rates.
2.1 Method of Payment
Payment for CONSULTANT'S personnel services and 2.4 Payment Conditions
direct expenses shall be expressed in U. S. dollars, and 2.4.1 CONSULTANT shall submit monthly invoices
based on the Method of Payment which is identified on the for all personnel services and direct expenses under this
signature page to this AGREEMENT or serially numbered AGREEMENT and a final invoice upon completion of
Work Authorizations, attached hereto, and made a part of services.
this AGREEMENT. 2.4.2 Invoices are due and payable upon receipt by
2.2 Payment for Personnel Services CLIENT. Interest at a rate of 1.5% per month, or the
maximum allowed by law, will be charged on all past due
2.2.1 Payment amounts starting thirty (30) days after date of invoice.
Payment for the services rendered by CONSULTANTS Payments will first be credited to interest and then to
personnel shall be based on the hours of chargeable time principal.
and in accordance with CONSULTANT's Schedule of Unit 2.4.3 In the event of a disputed or contested
Rates, which is identified on the signature page to this invoice, only that portion so contested will be withheld
AGREEMENT and attached hereto, and made a part of from payment and the CLIENT will pay the undisputed
this AGREEMENT. portion. No interest will accrue on any reasonably
2.2.2 Chargeable Time contested portion of the invoice until mutually resolved.
Chargeable time for CONSULTANT's personnel is that 2.4.4 If CLIENT fails to make payment in full to
portion of their time devoted to providing services CONSULTANT within sixty (60) days after the date of the
requested by CLIENT. Chargeable time for field
personnel located away from CONSULTANT's office for undisputed invoice, CONSULTANT may, after giving
more than one week is a minimum of eight hours per day seven (7) days' written notice to CLIENT, suspend
and five days per calendar week, except for federally services under this AGREEMENT until paid in full,
declared legal holidays or during an employee's sick leave including interest. CONSULTANT shall have no liability to
or vacation time. Travel time from CONSULTANT's office CLIENT for delays or damages caused by such
to an assigned work site, and return to CONSULTANT's suspension of services. CLIENT agrees to pay all costs of
office, is chargeable time; or if more economical for
CLIENT, CONSULTANT shall lodge its personnel collection, including reasonable attorney's fees, incurred
overnight near the work site in lieu of traveling back to by CONSULTANT as a result of CLIENT's failure to make
CONSULTANT's office at the end of each work day. payments in accordance with this AGREEMENT. No final
plans, documents or reports will be released for any
purpose until CONSULTANT has been paid in full.
Std S Client Agree
January 2013
Y
2.4.5 The billing rates specified in the Schedule of 3.4 Payment for Work Upon Abandonment or
Unit Rates for subsequent years shall be adjusted AGREEMENT Termination
annually in accordance with CONSULTANT's costs of If CLIENT abandons requested work or terminates this
doing business, subject to CLIENT's review and AGREEMENT, CONSULTANT shall be paid on the basis
concurrence. of work completed to the date of abandonment or effective
date of termination. CONSULTANT shall perform no
SECTION III-Term of Agreement activities other than reasonable wrap-up activities after
9 receipt of notice of abandonment or termination. Payment
for the work shall be as established under Section II.
3.1 Term
CONSULTANT's obligations to perform under this
AGREEMENT shall extend from the date of execution until SECTION IV-General Considerations
terminated by either party.
4.1 Assignment and Responsibility for Personnel
3.2 Abandonment of Work 4.1.1 The assignment of personnel and all
CLIENT shall have the absolute right to abandon any work phases of the undertaking of the services which
requested hereunder or to change the general scope of CONSULTANT shall provide hereunder shall be subject to
the work at any time, and such action on its part shall in no the oversight and general guidance of CLIENT.
event be deemed a breach of contract. 4.1.2 While upon the premises of CLIENT or
property under its control, all employees, agents, and
3.3 Termination of AGREEMENT subconsultants of CONSULTANT shall be subject to
3.3.1 Termination with Cause CLIENT's rules and regulations respecting its property and
The obligation to provide further services under this the conduct of its employees thereon.
AGREEMENT may be terminated with cause by either 4.1.3 However, it is understood and agreed that
party. In the event of such termination, either party will in the peRormance of the work and obligations hereunder,
noti and confirm the termination in writing to the CONSULTANT shall be and remain an independent
promptly fY 9 Consultant and that the employees, agents or
other party. The termination will be effective seven (7) subconsultants of CONSULTANT shall not be considered
days after delivery of written notice thereof. In the event of employees of or subject to the direction and control of
termination by CONSULTANT caused by failure of the CLIENT. CONSULTANT shall be responsible for the
CLIENT to perform in accordance with the terms of this supervision and performance of all subconsultants which
AGREEMENT, CLIENT shall pay for all services are to perform hereunder.
performed prior to the effective date of the termination, 4.2 Insurance
including all project termination expenses, collection fees 4.2.1 CONSULTANT shall furnish CLIENT a
and legal expenses. CONSULTANT shall prepare a certificate—a-insurance upon request showing amounts
progress report, including information as to all the services and types of insurance carried by CONSULTANT, which
performed by CONSULTANT and the status of the certificate shall contain a commitment by the Insurance
services as of the date of the termination, and provide Company that during the time any work is being performed
information and documents developed under the terms of by CONSULTANT under this AGREEMENT it will give
this upon CLIENT notice of cancellation or non-renewal of the
his AGREEMENT to the CLIENT u receipt of final
p p insurance coverage shown on such certificates in
payment. In the event of termination by the CLIENT accordance with policy provisions.
caused by failure by CONSULTANT to perform in
accordance with the terms of this AGREEMENT, 4.3 Successors and Assigns
CONSULTANT shall prepare a progress report, including 4.3.1 CLIENT and CONSULTANT each binds
information as to all the services performed by itself and its partners, successors, executors,
CONSULTANT and the status of the services as of the administrators, assigns, and legal representatives to the
other party to this AGREEMENT and to the partners,
date of the termination and provide information and successors, executors, administrators, assigns, and legal
documents developed under the terms of this representatives of such other party, in respect to all
AGREEMENT to the CLIENT. Upon receipt of all other covenants, agreements, and obligations of this
information and documents, CLIENT shall pay AGREEMENT.
CONSULTANT for services performed prior to the 4.3.2 Neither CONSULTANT nor CLIENT shall
effective date of the termination. assign or transfer any rights under or interest in (including,
3.3.2 Termination without Cause but without limitation, moneys that may become due or
moneys that are due) this AGREEMENT without the
Either party may, at its sole discretion, terminate this written consent of the other party, except as stated in
AGREEMENT without cause at any time. In the event of paragraph 4.3.1 and except to the extent that the effect of
such termination, the terminating party will promptly notify this limitation may be restricted by law. Unless specifically
and confirm the termination in writing to the other party. stated to the contrary in any written consent to an
The termination will be effective seven (7) days after assignment, no assignment will release or discharge the
delivery of written notice thereof. Upon termination, assignor from any duty or responsibility under this
AGREEMENT. Nothing contained in this paragraph shall
CONSULTANT shall prepare a progress report, includin g
prevent CONSULTANT from employing such independent
information as to all the services performed by consultants, associates, and subconsultant's as it may
CONSULTANT and the status of the services as of the deem appropriate to assist in the performance of services
date of the termination, and provide information and hereunder.
documents developed under the terms of this 4.3.3 Nothing herein shall be construed to give
AGREEMENT to the CLIENT upon receipt of final any rights or benefits hereunder to any one other than
payment. CLIENT and CONSULTANT except as otherwise provided
herein.
Std S Client Agree
January 2013
r
4.4 Compliance with Law said underground utilities and structures over and above
4.4.1 CONSULTANT shall comply with, and the estimated project fee. CLIENT shall indemnify and
cause its subconsultants to comply with, applicable hold CONSULTANT harmless from any damages and
Federal, state, and local laws, orders, rules, and delays resulting from unmarked or improperly marked
regulations relating to the performance of the services underground utilities and structures. For reasons of
CONSULTANT is to perform under this AGREEMENT. safety, CONSULTANT will not begin work until this has
4.4.2 Neither the CONSULTANT nor the been accomplished.
CONSULTANT's agents or employees shall discriminate
against any employee or applicant for employment to be 4.8 Subsurface Investigations
employed in the performance of this AGREEMENT with In soils, foundation, groundwater, and other subsurface
respect to hiring, tenure, terms, conditions, or privileges of investigations, the actual characteristics might vary
employment, because of race, color, religion, sex, or significantly between successive test points and sample
national origin. intervals and at locations other than where observations,
exploration, and investigations have been made. Because
4.5 Ownership and Reuse of Documents of the inherent uncertainties in subsurface evaluations,
4.5.1 All drawings, specifications, test reports, changed or unanticipated underground conditions may
and other materials and work products which have been occur that could affect Project cost and/or execution.
prepared or furnished by CLIENT prior to this These conditions and cost/execution effects are not the
AGREEMENT shall remain CLIENT's property. CLIENT responsibility of the CONSULTANT.
shall make available to CONSULTANT copies of these
materials as necessary for the CONSULTANT to perform 4.9 CONSULTANT's Personnel at Project Site
the services requested hereunder. 4.9.1 The presence or duties of the
4.5.2 All drawings, specifications, test reports, CONSULTANT personnel at a Project site, whether as
and other materials and work products, including computer onsite representatives or otherwise, do not make the
aided drawings, designs, and other data filed on electronic CONSULTANT or its personnel in any way responsible for
media which will be prepared or furnished by those duties that belong to the CLIENT and/or the
CONSULTANT (and CONSULTANTs independent construction contractors or other entities, and do not
professional associates and subconsultants) under this relieve the construction contractors or any other entity of
AGREEMENT, are instruments of service in respect to the their obligations, duties, and responsibilities, including, but
Project and CONSULTANT shall retain an ownership and not limited to, all construction methods, means,
property interest therein whether or not the Project is techniques, sequences, and procedures necessary for
completed. CLIENT may make and retain copies for coordinating and completing all portions of the
information and reference in connection with the use and construction work in accordance with the project
the occupancy of the Project by CLIENT and others; documents and any health or safety precautions required
however, such documents are not intended or represented by such construction work. The CONSULTANT and its
to be suitable for reuse by CLIENT or others on personnel have no authority to exercise any control over
extensions of the Project or on any other project. Further, any construction contractor or other entity or their
CONSULTANT makes no warranty as to the compatibility employees in connection with their work or any health or
of computer data files with computer software and safety precautions and have no duty for inspecting, noting,
software releases other than that used by CONSULTANT observing, correcting, or reporting on health or safety
in performing services herein, and to the condition or deficiencies of the construction contractor or other entity or
availability of the computer data after an acceptance any other persons at the site except CONSULTANT's own
period of thirty (30) days from delivery to CLIENT. Any personnel.
reuse without written verification or adaptation by 4.9.2 The presence of CONSULTANT's
CONSULTANT for the specific purpose intended will be at personnel at a construction site is for the purpose of
CLIENT's sole risk and without liability or legal exposure to providing to CLIENT a greater degree of confidence that
CONSULTANT or to CONSULTANT's independent the completed work will conform generally to the project
professional associates or subconsultants, and CLIENT documents and that the integrity of the design concept as
shall indemnify and hold harmless CONSULTANT and reflected in the project documents has been implemented
CONSULTANT's independent professional associates and and preserved by the contractor(s). CONSULTANT
subconsultants from all claims, damages, losses, and neither guarantees the performance of the contractor(s)
expenses including attorneys' fees arising out of or nor assumes responsibility for contractor(s)' failure to
resulting therefrom. Any such verification or adaptation perform their work in accordance with the project
will entitle CONSULTANT to further compensation at rates documents.
to be agreed upon by CLIENT and CONSULTANT.
4.10 Opinions of Cost, Financial Considerations, and
4.6 Severability Schedules
If any of the provisions contained in this AGREEMENT are In providing opinions of cost, financial analyses, economic
held for any reason to be invalid, illegal, or unenforceable feasibility projections, and schedules for the Project, the
in any respect, such invalidity, illegality, or unenforceability CONSULTANT has no control over the cost of labor,
will not affect any other provision, and this AGREEMENT materials, equipment, or services furnished by others, or
shall be construed as if such invalid, illegal, or over the Contractor(s)' methods of determining prices, or
unenforceable provision had never been contained herein. over competitive bidding or market conditions.
CONSULTANT's opinions of probable Total Project Costs
4.7 Location of Underground Utilities and Construction Costs provided for herein as appropriate
It shall be the CLIENT's responsibility to locate and are made on the basis of CONSULTANT's experience and
physically mark all underground utilities and structures qualifications and represent CONSULTANT's judgments
which lie within the work area prior to the start of as an experienced and qualified professional consultant
subsurface investigations. If the CLIENT elects not to familiar with the construction industry. CONSULTANT
assume this responsibility, CLIENT shall notify makes no warranty that the CLIENT's actual Total Project
CONSULTANT and shall compensate CONSULTANT for or Construction Costs, financial aspects, economic
all costs associated with locating and physically marking feasibility, or schedules will not vary from the
Std S Client Agree
January 2013
CONSULTANT's opinions, analyses, projections, or personnel and the public. CLIENT agrees to compensate
estimates. If CLIENT wishes greater assurance as to any CONSULTANT for the additional cost of taking such
element of the Total Project or Construction cost, additional precautionary measures to protect employees'
feasibility, or schedule, CLIENT will employ an and the public's health and safety. This section is not
independent cost estimator, contractor, or other intended to impose upon CONSULTANT any duties or
appropriate advisor. obligations other than those imposed by law.
4.11 Disposition of Samples and Equipment
4.11.1 Disposition of Samples SECTION V-Professional Responsibility
No samples and/or materials will be kept by
CONSULTANT longer than thirty (30) days after 5.1 Performance of Services
submission of the final report unless agreed otherwise. Client acknowledges that the performance of professional
4.11.2 Hazardous or Potentially Hazardous services is not an exact science, and errors and omissions
Samples and Materials may occur that are within the industry standard of practice
In the event that samples and/or materials contain or are which states that CONSULTANT will strive to perform
suspected to contain substances or constituents services under this AGREEMENT in a manner consistent
hazardous or detrimental to health, safety, or the with that level of care and skill ordinarily exercised by
environment as defined by federal, state, or local statutes, members of the profession currently practicing in the same
regulations, or ordinances, CONSULTANT will, after locality under similar conditions. No other representation,
completion of testing, return such samples and materials express or implied, and no warranty or guarantee is
to CLIENT, or have the samples and materials disposed of included or intended in this AGREEMENT, or in any
in accordance with CLIENT's directions and all applicable report, opinion, document, or otherwise.
laws. CLIENT agrees to pay all costs associated with the
storage, transportation, and disposal of samples and 5.2 Limitation of Liability
materials. CLIENT recognizes and agrees that CLIENT and CONSULTANT agree to allocate certain of
CONSULTANT at no time assumes title to said samples the risks so that, to the fullest extent permitted by law,
and materials, and shall have no responsibility as a CONSULTANT's total liability to CLIENT is limited to
handler, generator, operator, transporter, or disposer of $50,000 or CONSULTANT's fee, whichever is greater, this
said samples and materials. being the CLIENT's sole and exclusive remedy for any and
4.11.3 Contaminated Equipment all injuries, damages, claims, losses, expenses, or claim
All laboratory and field equipment contaminated in expenses (including attorney's fees) arising out of this
CONSULTANT's performance of services will be cleaned AGREEMENT from any cause or causes. Such causes
at CLIENT's expense. Contaminated consumables will be include, but are not limited to, CONSULTANT's
disposed of and replaced at CLIENT's expense. negligence, errors, omissions, strict liability, breach of
Equipment (including tools) which cannot be reasonably contract, or breach of warranty. CLIENT understands that
decontaminated shall become the property and dollar limits higher than that indicated above are available.
responsibility of CLIENT. At CLIENT's expense, such If CLIENT wishes to discuss these other limits and their
equipment shall be delivered to CLIENT, or disposed of in impact on CONSULTANT's fee, CLIENT should contact
the same manner specified in 4.11.2 above. CLIENT CONSULTANT prior to executing this AGREEMENT.
agrees to pay CONSULTANT the fair market value of any
such equipment which cannot reasonably be 5.3 No Special or Consequential Damages
decontaminated and is delivered to CLIENT pursuant to CLIENT and CONSULTANT agree that to the fullest
this AGREEMENT. extent permitted by law neither party shall be liable to the
other for any special, indirect, or consequential damages
4.12 Discovery of Unanticipated Pollutant and whatsoever, whether caused by either party's negligence,
Hazardous Substance Risks errors, omissions, strict liability, breach of contract, breach
4.12.1 If CONSULTANT, while performing the of warranty, or other cause or causes.
services, discovers pollutants and/or hazardous
substances that pose unanticipated risks, it is hereby 5.4 Indemnification
agreed that the scope of services, schedule, and the To the fullest extent permitted by law, CLIENT agrees to
estimated cost of CONSULTANT's services will be defend, indemnify, and hold CONSULTANT, its officers,
reconsidered and that this AGREEMENT shall directors, employees, and, subconsultants harmless from
immediately become subject to renegotiation or and against any and all claims, damages, losses and
termination. expenses, defense costs including attorneys' fees, and
4.12.2 In the event that the AGREEMENT is court or arbitration costs and other liabilities arising out of
terminated because of the discovery of pollutants and/or or resulting from, wholly or in part, the performance of
hazardous substances posing unanticipated risks, it is CONSULTANT's services hereunder; provided that
agreed that CONSULTANT shall be paid for its total CLIENT shall not indemnify CONSULTANT against liability
charges for labor performed and reimbursable charges for damages or expenses to the extent caused by the
incurred to the date of termination of this AGREEMENT, negligence of CONSULTANT, its officers, directors,
including, if necessary, any additional labor or employees, or subcontractors.
reimbursable charges incurred in demobilizing.
4.12.3 CLIENT also agrees that the discovery of 5.5 No Third Party Beneficiaries
unanticipated pollutants and/or hazardous substances CLIENT and CONSULTANT expressly agree that
may make it necessary for CONSULTANT to take AGREEMENT does not confer upon any third party any
immediate measures to protect health and safety. rights as beneficiary to this AGREEMENT.
CONSULTANT agrees to notify CLIENT as soon as CONSULTANT accepts no responsibility for damages, if
practically possible should unanticipated pollutants and/or any, suffered by any third party as the result of a third
hazardous substances be suspected or encountered. party's use of the work product, including reliance,
CLIENT authorizes CONSULTANT to take measures that decisions, or any other action taken based upon it.
in CONSULTANT's sole judgment are justified to preserve
and protect the health and safety of CONSULTANT's CLIENT agrees that CONSULTANT's services and work
Std S Client Agree
January 2013
products are for the exclusive present use of CLIENT. 6.5 Governing Law
CLIENT agrees that CONSULTANT's compliance with any This AGREEMENT is to be governed by the laws of the
request by CLIENT to address or otherwise release any jurisdiction in which the project is located. For locations
portion of the work product to a third party shall not outside of the United States, this AGREEMENT shall be
modify, rescind, waive, or otherwise alter provisions of this governed by the laws of the State of Illinois.
AGREEMENT nor does it create or confer any third party
beneficiary rights on any third party. 6.6 Entire Agreement
This AGREEMENT, along with those documents specified,
SECTION VI-Miscellaneous Provisions attached, or hereby cited together, and serially numbered
Work Authorizations if used, constitute the entire
AGREEMENT between the parties hereto and no
6.1 Notices changes, modifications, extensions, terminations, or
Any notice to either party herein shall be in writing and waivers of this agreement, or other documents, or any of
shall be served either personally or by registered or the provisions herein, or therein contained, shall be valid
certified mail addressed to the signing party shown on the unless made in writing and signed by duly authorized
signature page. representatives of both parties.
6.2 Joint Preparation
For purposes of contract interpretation and for the purpose
of resolving any ambiguity in this AGREEMENT, the
parties agree that this Agreement was prepared jointly by
them and/or their respective attorneys.
6.3 Headings
Headings used in this AGREEMENT are for the
convenience of reference only and shall not affect the
construction of this AGREEMENT
6.4 Dispute Resolution
If negotiation in good faith fails to resolve a dispute within
thirty (30) days of written notice of the dispute by either
party, then the parties agree that each dispute, claim or
controversy arising from or related to this AGREEMENT or
the relationships which result from this AGGREEMENT
shall be subject to mediation as a condition precedent to
initiating legal or equitable actions by either party. Unless
the parties agree otherwise, the mediation shall be in
accordance with the Commercial Mediation Procedures of
the American Arbitration Association then currently in
effect. A request for mediation shall be filed in writing with
the American Arbitration Association and the other party.
No legal or equitable action may be instituted for a period
of ninety (90) days from the filing of the request for
mediation unless a longer period of time is provided by
agreement of the parties. Cost of mediation shall be
shared equally between the parties and shall be held in a
location mutually agreed upon by the parties. The parties
shall memorialize any agreement resulting from the
mediation in a mediated settlement agreement, which
agreement shall be enforceable as a settlement in any
court having jurisdiction thereof.
Furthermore, in no circumstances shall a party to this
AGREEMENT be joined by the other party to any other
lawsuit, dispute or legal proceeding involving a party and
any of the party's, consultants, subconsultants, lower tier
subconsultants, other design professionals, construction
managers, or other individuals or entities unless the
parties agree to be joined in writing.
During the pendency of any dispute, the parties shall
continue diligently to fulfill their respective obligations
hereunder.
Std S Client Agree
January 2013
' o
rub n
ENGINEERING INC.
February 4th, 2015
To: Julie A. Morrison, P.E. Re: Proposal - Geotechnical Exploration
Engineering Enterprises, Inc. Proposed South Street Extension
52 Wheeler Road Elgin, Illinois
Sugar Grove, IL 60554
Phone: 630.466.6700 x123
Fax: 630.466.6701
Proposal No. Q15.025g
Via email: jmorrison(a�eeiweb.com
Dear Ms. Morrison,
Rubino Engineering, Inc. (Rubino) is pleased to submit the following proposal to provide
geotechnical engineering services for the above referenced project. Rubino received a request
for proposal from Julie Morrison of Engineering Enterprises, Inc. via Email on February 3rd
2015.
PROJECT UNDERSTANDING
Rubino understands that Engineering Enterprises, Inc. is planning to extend South Street from
Randall Road to Longcommon Parkway in Elgin, Illinois. The South Street Extension project will
include underground utilities.
Information received:
• RFP Email from Julie Morrison of Engineering Enterprises, Inc. on February 3rd, 2015.
• Engineering Enterprises, Inc. will layout borings with stakes and provide the elevations
for all borings.
• "Soil Boring Locations" —prepared by Engineering Enterprises, Inc. (Shown Below)
NISI MO
Rubino Engineering,Inc.•665 Tollgate Rd.•Unit H•Elgin,IL 60123•847-931-1555•847-931-1560(Fax)
Proposed South Street Extension—Elgin.Illinois February 4th,2015
Rubino Proposal No.Q15.025g Page 2 of 11
• "Boring Location Plan" — prepared by Professional Services Industries, Inc. (Shown
Below)
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• "South Street Improvement Plans"—prepared by Hampton, Lenzini, and Renwick, Inc.
• "Preliminary Soils Exploration" — prepared by Testing Service Corporation dated July
25th, 2000.
• "Proposed South Street Expansion R1" — prepared by Professional Services Industries,
Inc. dated December 19th, 2007.
• "Proposed South Street Expansion R1" — prepared by Professional Services Industries,
Inc. dated January 19th, 2008.
• Mike Hall of the City of Elgin notes from status meeting with HLR and PSI dated
February 13th, 2009: PSI will review soil borings and evaluate alternative remediation
options. If additional investigation is necessary, the city will authorize such. Notes also
indicated "Retaining wall design has been changed from sheet pile with tie-backs to
soldier pile with concrete panels."
• Email from Jeffrey Warchall of PSI to Al Stott of HLR with proposal for additional soil
testing dated March 3rd, 2009.
• Email from Mike Hall of the City of Elgin to Al Stott of HLR dated March 6th, 2009.
• PSI proposal for additional borings dated April 29th, 2009.
• Meeting summary notes dated May 22nd, 2009: Indicate concerns regarding low blow
counts and organics. PSI recommending bore borings to narrow down problem area.
Could go with a massive undercut and do no more soil borings. City decided not to do
anymore borings. No more alternatives—Styrofoam bridging.
• Mike Hall of the City of Elgin notes dated June 30th, 2009: Research on soil remediation.
Rubino Engineering,Inc.
Proposed South Street Extension—Elgin,Illinois February 4°e,2015
Rubino Proposal No.Q15.025g Page 3 of 11
Pavement Design Criteria received: none; however this proposal is based on the following:
• Site grading including cuts being less than 2 feet and fills being less than 4 feet.
• Light Duty Pavement 18-kip ESALS: 30,000
• Heavy Duty Pavement 18-kip ESALS: 60,000
• Pavement Life Expectancy: 15 years
Should any of the information on which this proposal has been based, including as described
above, be inconsistent with the planned construction, Rubino requests to be contacted
immediately in order to make any necessary changes to this proposal and scope of work.
SCOPE OF SERVICES
The following sections outline the scope of services developed based on the information
provided by the client and the information listed above in order to provide a geotechnical
exploration the planned project. The exploration will be performed in general accordance with
both the requested proposal information and Rubino's current understanding of the project.
Site Access and Traffic Control
Based on current site topography, surface conditions, and project discussions, Rubino
anticipates that the proposed boring locations will require an all-terrain vehicle (ATV).
Traffic control will consist of cones and approach signage. Flaggers are not anticipated for this
project but can be provided for an additional fee.
Boring Locations
•
14.
Rubino Engineering,Inc.
Proposed South Street Extension—Elgin.Illinois February 4`h.2015
Rubino Proposal No.Q15 025g Page 4 of II
Boring Depths
To obtain data to evaluate subsurface conditions within the proposed development/construction
areas, Rubino proposes to drill soil test borings as specified below.
Number of Borings Depth Location
(feet BEG*)
5: New South Street Approximately every 300 feet from
Extension 10 Williamsburg Drive to Longcommon
Parkway
1: Conformation for South Approximately at STA 49+00
Street Extension 10
(Between B-04 and B-05)
1: Conformation for Culvert 15 Approximately at STA 55+50
(Between SB-01 and SB-02)
*BEG = below existing grade
IDOT Specified Soil Sampling
Soil sampling will include split-barrel samples (ASTM D 1586) or thin-walled tube samples on
cohesive soils (ASTM D 1587) at 2 % - foot intervals to a depth of 10 feet and 15 feet in
accordance with IDOT Geotechnical Manual.
If unsuitable bearing soils are encountered within the borings as proposed herein, the borings
will be extended an additional 5 feet to attempt to end the borings in suitable soils. If unsuitable
soils persist at the end of an additional 5 feet the client will be contacted prior to demobilizing.
Unsuitable soils will be defined by field personnel using the following criteria:
• Cohesive soils with an N value less than or equal to 6.
• Granular soils with an N-value less than 10.
• Black cohesive or silty soil with visible signs of organic matter and / or organic odor and
low blow counts as described above.
Completion of Borings
Upon completion of drilling, the borings will be backfilled with soil cuttings and capped with
similar existing material. Some damage to ground surface may result from the drilling
operations near the work areas and along ingress/egress pathways. Rubino will attempt to
minimize such damage, but no restoration other than backfilling the soil test borings is included.
It should be noted that over time, some settlement may occur in the bore hole. If Rubino is
requested to return to the site for the purpose of filling any bore holes that may have settled,
additional time and material charges may apply.
Laboratory Testing
The soil samples obtained during the field exploration program will be transported to the
laboratory for classification and a limited number of laboratory tests. The nature and extent of
the laboratory testing program is at the discretion of Rubino Engineering, Inc. and will depend
upon the subsurface conditions encountered during drilling.
Rubino Engineering,Inc.
Proposed South Street Extension—Elgin,Illinois February 4",20/5
Rubino Proposal No.Q15.025g Page 5 of 11
Laboratory testing will be performed in accordance with ASTM procedures and may include
examination of selected samples to evaluate the soils' index properties and relative strength
characteristics.
LABORATORY TEST QUANTITY SAMPLE TYPE
Atterberg Limits 7 Split spoon, bulk, or Shelby Tube
Hydrometer 7 Split spoon, bulk, or Shelby Tube
pH 7 Split spoon, bulk, or Shelby Tube
Natural Moisture Content 30 Shelby Tube, Cohesive Samples
Organic Content 7 Split spoon, bulk, or Shelby Tube
CCDD Testing
Rubino will composite soil samples from each borehole for soil analytical testing in general
compliance with the IEPA CCDD requirements.
• Soil Analytical Tests:
o pH
• Certification (LPC#662) to be signed by others.
GEO REPORT—ABBREVIATED RGR
Upon completion of field and laboratory work, Rubino will prepare a geotechnical engineering
report using the collected data. The geo report will include the following:
• Summary of client-provided project information and report basis.
• Overview of encountered subsurface conditions.
• Overview of field and laboratory tests performed including results.
• Geotechnical recommendations pertaining to:
• Subgrade preparation and stability recommendations per the 1DOT Geotechnical Manual
and Subgrade Stability Manual.
• Pavements, including subgrade pavement sections for bituminous and Portland Cement
Concrete (PCC)pavements.
• Culvert recommendations.
• Review and summary of past reports.
• Construction considerations, including temporary excavation and construction control of
water.
An electronic copy of the report will be provided. The report will be addressed to Engineering
Enterprises, Inc.
PROJECT SCHEDULE
Rubino proposes to initiate work on this project within 5 working days after receiving written
authorization to proceed and we will follow the schedule below in order to complete the project:
Rubino Engineering,Inc.
Proposed South Street Extension-Elgin.Illinois February 4"',2015
Rubino Proposal No.Q 15.025g Page 6 of 11
Task Number of Workin• Da s
Utility clearance and rig mobilization 10
Field work including site layout and drilling 5
Laboratory Testing 10
Preparation of the Geotechnical Report 10
Project schedules can be affected by weather conditions and changes in scope. If the report
needs to be delivered by a specific day, please notify us as soon as possible. Preliminary
verbal recommendations can be made to appropriate parties upon completion of the field
investigation and laboratory testing. Rubino will need to receive a signed copy of this proposal
intact prior to mobilizing the drill rig.
SPECIAL INSTRUCTIONS
Rubino will coordinate contacting the Utility "One-Call" for public utility clearance prior to the
start of drilling activities. It is Rubino's experience that this service does not mark the locations
of privately owned utilities. This proposal is based on private utility lines and other subsurface
appurtenances being located in the field by others prior to our mobilization.
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:
Geotechnical Drilling and Report Preparation: $4,100.00 lump sum
Project Collaboration and Meetings: $750.00
Please see the attached fee schedule for additional unit rates for services requested after
issuing the geotechnical report(drawing /spec review, scope or site layout change, etc.).
Scope Limitations
Project services do not include a site evaluation to determine the presence or absence of
wetlands, hazardous substances, or toxic materials.
Rock coring is not included in the scope of this exploration, therefore, the character and
continuity of refusal materials, if encountered, can be determined only with a more
comprehensive scope of services. Therefore, the borings will be advanced to the depths
referenced above, or to refusal, whichever is shallower.
Boring, sampling and testing requirements are a function of the subsurface conditions
encountered. The proposed lump-sum fee is based on the use of shallow foundations to
support the planned construction and the existence of adequate bearing materials being
encountered within the proposed boring depths. Should conditions be encountered which
require a deepening of borings or additional investigation, Rubino will notify you to discuss
modifying the outlined scope of services. Additional work beyond the lump-sum fee will not be
performed without your prior authorization.
Rubino Engineering,Inc.
Proposed South Street Extension—Elgin,Illinois February 4°r.2015
Rubino Proposal No.Q15.025g Page 7 of 11
AUTHORIZATION
If this proposal is acceptable to you, Rubino will perform the work in accordance with the
attached General Conditions that are incorporated into and made a part of this proposal.
Please sign below as notice to proceed and return one copy of this proposal intact to our office.
Rubino will proceed with the work upon receipt of authorization.
Rubino appreciates the opportunity to offer our services for this project and we look forward to
working with your company. Please contact Rubino with questions pertaining to this proposal or
requests for additional services.
Respectfully submitted,
RUBIN ENGINEERIN , INC. RUBINO ENGINEERING,INC.IS:
AN AASHTO-ACCREDITED LABORATORY
*4 , IDOT PREQUALIFIED
1 IDOT DBE-CERTIFIED(100%WOMAN-OWNED)
Michelle A. Lipinski, PE
President
MAUfile
Attachments: Proposal Acceptance and Data Sheet
Schedule of Services and Fees
General Conditions
"This is an electronic copy. Hard Copies of this proposal are available upon request.
Rubino Engineering,Inc.
•
Proposed South Street Extension-Elgin,Illinois February 4°r,2015
Rubino Proposal No.Q15.025g Page 8 of 11
PROPOSAL ACCEPTANCE:
AGREED TO, THIS DAY OF , 2015.
BY (please print):
TITLE:
COMPANY:
SIGNATURE:
PROJECT INFORMATION:
1. Project Name:
2. Project Location:
3. Your Job No: Purchase Order No.:
4. Project Manager: Telephone No.:
5. Site Contact: Telephone No.:
6. Number and Distribution of Reports:
( ) Copies To: ( ) Copies To:
Attn: Attn:
Email: Email:
( ) Copies To: ( ) Copies To:
Attn: Attn:
Email: Email:
7. Invoicing Address:
Attn:
Email:
8. Other Pertinent Information Or Previous Subsurface Information Available:
Rubino Engineering,Inc.
' Proposed South Street Extension-Elgin,Illinois February 4".2015
Rubino Proposal No.Q15.025g Page 9 of 11
Rubino Engineering,Inc.
2015 Schedule of Geotechnical Services&Fees
ENGINEERING
Professional and Technical Services for site evaluation, field supervision, analysis of test
data and engineering recommendations and consultation:
Chief Engineer Per Hour $ 185.00
Project Engineer/Manager Per Hour $ 104.00
Engineering/Lab Technician Per Hour $ 78.63
Secretarial Services Per Hour $ 54.00
SUBSURFACE EXPLORATION
Mobilization and moving of truck-mounted drilling equipment and crew Per Trip $ 550.00
Mobilization and moving of All-Terrain-Vehicle(ATV)-mounted drilling equipment and crew Per Trip $ 660.00
All-Terrain Vehicle(ATV)Usage Surcharge Per Day $ 195.00
Boring Layout-Two-man crew(2 hour minimum) Per Hour $ 166.00
Soil Sampling using split-barrel sampler(ASTM D-1586)2.5-foot intervals to 15 feet and 5-
foot intervals thereafter, 3-1/4"E.D. HAS:
Depth Range
Feet Easy Drilling* Hard Drilling**
0-25 $24.50 $27.00
25-50 $26.50 $29.00
50-72 $30.50 $31.00
75- 100 $32.00 $33.50
* Less than 50 blows per foot or a Qp of 4 tsf
**50 blows or more per foot, Qp more than 4 tsf, or strata containing coarse gravel or
cobbles
Hourly Rate Drilling(difficult or unusual conditions, hard material, boulders, rubble,etc. Per Hour $ 325.00
Thin Wall Tubes(ASTM D-1587) Each $ 50.00
LABORATORY TESTING
Moisture Content Test/Visual Classification Each $ 6.00
Atterberg Limits Determination(LL, PL) Each $ 85.00
Combined Hydrometer&Sieve Analysis Each $ 130.00
Sieve Analysis(washed) Each $ 85.00
Unconfined Compression Test, Tube Sample Each $ 35.00
Unconfined Compression Test,with Stress-Strain Curve Each $ 55.00
Density Determination Each $ 15.00
Specific Gravity Determination Each $ 65.00
Organic Content Determination Test(wet combustion) Each $ 25.00
ASTM D698-AASHTO T99(Standard Proctor) Each $ 195.00
ASTM D1557-AASHTO T180(Modified Proctor) Each $ 215.00
One-Dimensional Consolidation Test(ASTM D-2435) Each $ 750.00
Rubino Engineering,Inc.
Proposed South Street Extension—Elgin.Illinois February 4,h,2015
Rubino Proposal No.Q15.025g Page 10 of 11
FEE REMARKS
1) All fees and services are provided in accordance with the attached Rubino General Conditions.
2) Unit prices/rates are in effect for 12 months from the date of this proposal and are subject to change without notice thereafter.
Overtime rates are applicable for services performed in excess of 8 hours per day Monday through Friday, before 8:00 AM or
3) after 5:00 PM, and for all hours worked on Saturdays, Sundays and holidays. The overtime rate is 1.5 times the applicable hourly
rate.
4) All rates are billed on a portal-to-portal basis.
5) Standby time due to delays beyond Rubino's control will be charged at the applicable hourly rate.
6) Transportation and per diem are charged at the applicable rates.
7) Rates involving mileage(including transportation, mobilization, vehicle and trip charges)are subject to change based upon
increases in the national average gasoline price.
8) A minimum charge of 4 hours applies to field testing and observation services.
Scheduling or cancellation of field testing and observation services is required no less than the working day prior to the date the
9) services are to be performed. Services cancelled without advance and/or inadequate notice will be assessed a minimum charge
of 4 hours.
10) For all Rubino services, a project management/engineering review charge will be billed for all reports issued for the
scheduling/supervision of personnel and the evaluation/review of data and reports.
11) The minimum billing increment for time is a half hour.
12) A project set-up charge of a minimum of two hours applies to all projects.
13) Professional services rates are exclusive of expert deposition or testimony time.
14) Drilling and field service rates are based on OSHA Level D personnel protection.
15) For sites where drilling is to occur that are not readily accessible to a truck mounted drill rig, rates for rig mobility, site clearing,
crew stand-by time,etc.will be charged as applicable.
16) If applicable the prevailing wage fees charged under this agreement will be adjusted if there is any change in the applicable
prevailing wage rate established by the Illinois Department of Labor.
17) Services and fees not listed on this schedule may be quoted on request.
Rubino Engineering,Inc.
4-
Proposed South Street Extension-Elgin,Illinois February 4",2015
Rubino Proposal No.Q15.025g Page 11 of 11
GENERAL CONDITIONS
1.PARTIES AND SCOPE OF WORK: Rubino Engineering,Inc.shall include said company or its particular division,subsidiary or affiliate performing the work. "Work"means the specific geotechnical,
analytical,testing or other service to be performed by Rubino Engineering,Inc.as set forth in Rubino Engineering,Inc.'s proposal,Client's acceptance thereof and these General Conditions. Additional
work ordered by Client shall also be subject to these General Conditions. "Client"refers to the person or business entity ordering the work to be done by Rubino Engineering,Inc. If Client is ordering the
work on behalf of another,Client represents and warrants that it is the duly authorized agent of said party for the purpose of ordering and directing said work. Unless otherwise stated in writing,Client
assumes sole responsibility for determining whether the quantity and the nature of the work ordered by the client is adequate and sufficient for Client's intended purpose. Client shall communicate these
General Conditions to each and every third party to whom Client transmits any part of Rubino Engineering,Inc.'s work. Rubino Engineering,Inc.shall have no duty or obligation to any third party greater
than that set forth in Rubino Engineering,Inc.'s proposal,Client's acceptance thereof and these General Conditions. The ordering of work from Rubino Engineering,Inc,or the reliance on any of Rubino
Engineering,Inc.'s work,shall constitute acceptance of the terms of Rubino Engineering,Inc.'s proposal and these General Conditions,regardless of the terms of any subsequently issued document.
2.TESTS AND INSPECTIONS: Client shall cause all tests and inspection of the site,materials and work performed by Rubino Engineering, Inc.or others to be timely and properly performed in
accordance with the plans,specifications and contract documents and Rubino Engineering,Inc.'s recommendations. No claims for loss.damage or injury shall by brought against Rubino Engineering,Inc.
by Client or any third party unless all tests and inspections have been so performed and unless Rubino Engineering,Inc.'s recommendations have been followed. Client agrees to indemnify,defend and
hold RUBINO ENGINEERING,INC.,its officers,employees and agents harmless from any and all claims,suits,losses,costs and expenses,including,but not limited to,court costs and reasonable
attorney's fees in the event that all such tests and inspections are not so performed or Rubino Engineering,Inc.'s recommendations are not so followed except to the extent that such failure is the result of
the negligence,willful or wanton act of omission of Rubino Engineering,Inc.,its officers,agents or employees,subject to the limitation contained in paragraph 9.
3.SCHEDULING OF WORK: The services set forth in Rubino Engineering,Inc.'s proposal and Client's acceptance will be accomplished in a timely,workmanlike and professional manner by RUBINO
ENGINEERING,INC.personnel at the prices quoted. If Rubino Engineering,Inc.is required to delay commencement of the work or if,upon embarking upon its work,Rubino Engineering,Inc.is required
to stop or interrupt the progress of its work as a result of changes in the scope of the work requested by Client,to fulfill the requirements of third parties,interruptions in the progress of construction,or
other causes beyond the direct reasonable control of Rubino Engineering,Inc.,additional charges will be applicable and payable by Client.
4.ACCESS TO SITE: Client will arrange and provide such access to the site as is necessary for Rubino Engineering,Inc.to perform the work. Rubino Engineering,Inc.shall take reasonable measures
and precautions to minimize damage to the site and any improvements located thereon as the result of its work or the use of its equipment;however,Rubino Engineering,Inc.has not 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 work as is necessary to do so and Client agrees to pay Rubino Engineering,Inc.for the cost.
5.CLIENT'S DUTY TO NOTIFY ENGINEER: Client represents and warrants that it has advised Rubino Engineering,Inc.of any known or suspected hazardous materials,utility lines and pollutants at any
site at which Rubino Engineering,Inc.is to do work hereunder,and unless Rubino Engineering,Inc.has assumed in writing the responsibility of locating subsurface objects,structures,lines or conduits.
Client agrees to defend,indemnify and save Rubino Engineering,Inc.harmless from all claims,suits,loses costs and expenses,including reasonable attorney's fees as a result of personal injury,death or
property damage occurring with respect to Rubino Engineering,Inc.'s performance of its work and resulting to or caused by contact with subsurface of latent objects,structures,lines or conduits where the
actual or potential presence and location thereof were not revealed to Rubino Engineering,Inc.by Client.
6.RESPONSIBILITY: Rubino Engineering,Inc.'s work shall not 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 work or failure to perform same shall not in
any way excuse any contractor,subcontractor or supplier from performance of its work in accordance with the contract documents. Rubino Engineering,Inc.has no right or duty to stop the contractor's
work.
7.SAMPLE DISPOSAL: Unless otherwise agreed in writing,test specimens or samples will be disposed immediately upon completion of the test. All dulling samples or specimens will be disposed sixty
(60)days after submission of Rubino Engineering,Inc.'s report.
8.PAYMENT: Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within thirty(30)days of its receipt. Client further agrees to
pay interest on all amounts invoiced and not paid or objected to for valid cause in writing with said thirty(30)day period at the rate of eighteen(18)percent per annum(or the maximum interest rate
permitted under applicable law),until paid. Client agrees to pay Rubino Engineering,Inc.'s cost of collection of all amounts due and unpaid after sixty(60)days,including court costs and reasonable
attorney's fees. Rubino Engineering,Inc.shall not be bound by any provision or agreement requiring or providing for arbitration or disputes or controversies arising out of this agreement,any provision
wherein Rubino Engineering,Inc.waives any rights to a mechanics'lien,or any provision conditioning Rubino Engineering,Inc.'s right to receive payment for its work upon payment to Client by any third
party. These General Conditions are notice,where required,that Rubino Engineering,Inc.shall file a lien whenever necessary to collect past due amounts. Failure to make payment within thirty(30)
days of invoice shall constitute a release of Rubino Engineering,Inc.from any and all claims which Client may have,whether in tort,contract or otherwise and whether known or unknown at the time
9.WARRANTY: RUBINO ENGINEERING, INC.'S SERVICES WILL BE PERFORMED, ITS FINDINGS OBTAINED AND ITS REPORTS PREPARED IN ACCORDANCE WITH ITS PROPOSAL,
CLIENT'S ACCEPTANCE THEREOF,THESE GENERAL CONDITIONS AND WITH GENERALLY ACCEPTED PRINCIPLES AND PRACTICES. IN PERFORMING ITS PROFESSIONAL SERVICES,
RUBINO ENGINEERING, INC.WILL USE THAT DEGREE OF CARE AND SKILL ORDINARILY EXERCISED UNDER SIMILAR CIRCUMSTANCES BY MEMBERS OF ITS PROFESSION. THIS
WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS,EITHER EXPRESSED OR IMPLIED. STATEMENTS MADE IN RUBINO ENGINEERING,INC.REPORTS ARE
OPINIONS BASED UPON ENGINEERING JUDGMENT AND ARE NOT TO BE CONSTRUED AS REPRESENTATIONS OF FACT.
SHOULD RUBINO ENGINEERING,INC.OR ANY OF ITS PROFESSIONAL EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF ITS WORK,OR TO HAVE MADE
AND BREACHED ANY EXPRESSED OR IMPLIED WARRANTY, REPRESENTATION OR CONTRACT,CLIENT,ALL PARTIES CLAIMING THROUGH CLIENT AND ALL PARTIES CLAIMING TO
HAVE IN ANY WAY RELIED UPON RUBINO ENGINEERING, INC.'S WORK,AGREE THAT THE MAXIMUM AGGREGATE AMOUNT OF THE LIABILITY OF RUBINO ENGINEERING, INC.,ITS
OFFICERS,EMPLOYEES AND AGENTS SHALL BE LIMITED TO$25,000.00 OR THE TOTAL AMOUNT OF THE FEE PAID TO RUBINO ENGINEERING,INC.FOR ITS WORK PERFORMED WITH
RESPECT TO THE PROJECT,WHICHEVER AMOUNT IS GREATER.
NO ACTION OR CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE, MAY BE BROUGHT AGAINST RUBINO ENGINEERING, INC., ARISING FROM OR RELATED TO RUBINO
ENGINEERING,INC.'S WORK,MORE THAN TWO(2)YEARS AFTER THE CESSATION OF RUBINO ENGINEERING,INC.'S WORK HEREUNDER.
10.INDEMNITY: Subject to the foregoing limitations,Rubino Engineering,Inc.agrees to indemnify and hold Client harmless from and against any and all claims,suits,costs and expenses including
reasonable attorney's fees and court costs arising out of Rubino Engineering,Inc.'s negligence to the extent of RUBINO ENGINEERING,INC.'s negligence. Client shall provide the same protection to the
extent of its negligence. In the event that Client or Client's principal shall bring any suit,cause of action,claim or counterclaim against Rubino Engineering,Inc.,the party initiating such action shall pay to
Rubino Engineering,Inc.the costs and expenses incurred by Rubino Engineering,Inc.to investigate,answer and defend it,including reasonable attorney's and witness fees and court costs to the extent
that Rubino Engineering,Inc.shall prevail in such suit.
11.TERMINATION: This Agreement may be terminated by either party upon seven(7)days'prior written notice. In the event of termination,Rubino Engineering,Inc.shall be compensated by Client for
all services performed up to and including the termination date,including reimbursable expenses and for the completion of such services and records as are necessary to place Rubino Engineering,Inc.'s
files in order and/or protect its professional reputation.
12.EMPLOYEES/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. 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-hay of the employee's annualized salary,with Rubino Engineering,Inc.waiving other remedies it may have.
13.HAZARDOUS MATERIALS: Nothing contained within this agreement shall be construed or interpreted as requiring Rubino Engineering,Inc.to assume the status of an owner,operator,generator,
storer,transporter,treater or disposal facility as those terms appear within RCRA of within any Federal or State statute or regulation governing the generation,transportation,treatment,storage and
disposal of pollutants. Client assumes full responsibility for compliance with the provisions of RCRA and any other Federal or State statute or regulation governing the handling,treatment,storage and
disposal of pollutants.
14.PROVISIONS SEVERABLE: The parties have entered into this agreement in good faith and it is the specific intent of the parties that the terms of the General Conditions be enforced as written. In
the event any of the provisions of these General Conditions should be found to be unenforceable,it shall be stricken and the remaining provisions shall be enforceable.
15.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.