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HomeMy WebLinkAbout8.1 Motion to accept Phase III Construction Engineering Proposal for Levee 37 11/11/2019 Board Docs®Pro IL Agenda Item Details Meeting v 05, 2019 - REGULAR MEETINGLL - . *REVISED 11-02-2019 Category 8. VILLAGE Subject i o accept Phase III Construction Engineering Proposal for Levee 37 Burnings Trails Park Interior Drainage Improvementscost not to exceed . Access lic Tye Action Preferred to Nov 05,, 2019 Absolute Date Nov 05,, 2019 Fiscal Impact Yes Dollar Amount 3261515.00 Budgeted Yes Budget rce Flood Control Construction Fund Recommended cin Accept the proposal from hris her B. Burke Engineering,, Limited ose , Illlinois to provide III Construction Engineering Servicesfor the Levee 37 Burning Bush Trails Park Interior Drainage ImprovementsProject for a cost not to exceed $326,515. Public Content Information At the October 15, 2019Regular Meeting., the Village oar r contract construct the Levee 37 Burning Bush Trails ParkInterior Drainage Improvement to DiMeoBrothers f Elk GroveVillage, Illinois for an amount not to exceed , 2, 22.4 . The proposed scopework includes construction of a stormwater detention basin, large- diameter r - i r relief storm sewers, and other stormwater conveyance rtn cs. Work is slatedstart this fall and reach us it completion next spring. To continue development of this project, staff requires technical assistance from liiexperienced it to provide s III (construction) engineering., inspection, and contract administration services for this project. Staff lacks sufficient resources to render these services in-house. Staff s asked Christopher B. Burke Engineering, Limited s , Illinois ( L) to submit a proposal to provide requisite services. Their proposal, including both technical and cost components, is attached for reference. CBBEL has submitted chnic I and cost proposal to providerequisite professional services at a cost not to exceed $326f 515. Discussion https://go.boarddocs.com/il/vomp/Board.nsf/Private?open&login 1/2 11/11/2019 Board Docs®Pro Staff has reviewed CBBEL's proposal and determined the firm has allotted sufficient,, qualified, resources necessary to monitor all phases of work and administer the construction contract. In addition,, their cost proposal includes appropriate allocations for construction layout,, materials testing, and punch-list/project close-out work. CBBEL has successfully performed a variety of civil engineering projects for the Village over the course of 20 years. Of particular relevance to this project is their work as designer for the proposed improvements. The firm was also extensively involved in development of the intergovernmental relationship with the River Trails Park District that made this project feasible. CBBEL also performed the 2015 Levee 37 Flood Study Report that begat this project and successfully petitioned the Illinois Department of Natural Resources to authorize a substantial increase in the Levee 37 stormwater discharge rate (from 60 cubic feet per second (CFS) to 240 CFS). Most notably, CBBEL rendered substantial technical expertise to the Village's successful application for over $1.3 million in Metropolitan Water Reclamation District of Greater Chicago (MWRDGC) funding for this project. The CBBEL fee is approximately 8% of the low bid cost for construction and 7% of the median bid price. Typically, staff anticipates construction engineering fees to be 8%-10% of actual construction costs. As such., CBBEL's requested fee appears reasonable and representative of market norms. The average cost per hour for services rendered is $152/hour. The majority of work is allocated to field inspection and contract administration by personnel known to be technically qualified and experienced in the proposed work. It is the opinion of staff that this rate is reasonable and competitive for this type of engineering work. Consequently, it is the opinion of staff that CBBEL is uniquely, arguable exclusively, well qualified to provide construction engineering services for this proposed stormwater improvement project. Alternatives 1. Accept proposal for Phase III construction engineering services for Levee 37 Burning Bush Trails Interior Drainage Improvements. 2. Action at discretion of Village Board. Staff Recommendation Staff recommends that the Village Board accept the proposal from Christopher B. Burke Engineering,, Limited of Rosemont,, Illinois to provide Phase III Construction Engineering Services for the Levee 37 Burning Bush Trails Park Interior Drainage Improvements Project for a cost not to exceed $326,515. —Mount Prospect_Burning Bush Trails Park Interior Drainage Imp.103019.pdf (1.,732 KB) Administrative Content Executive Content Motion &Voting Accept the proposal from Christopher B. Burke Engineering., Limited of Rosemont, Illlinois to provide Phase III Construction Engineering Services for the Levee 37 Burning Bush Trails Park Interior Drainage Improvements Project for a cost not to exceed $326,515. Motion by Paul Hoefert,, second by Richard Rogers. Final Resolution: Motion Carries Yea: William Grossi, Eleni Hatzis, Paul Hoefert, Richard Rogers, Colleen Sacolli, Michael Zadel https://go.boarddocs.com/il/vomp/Board.nsf/Private?open&login 2/2 i I CDNRIST PHER B. BURKE ENGINEERING,LTCB. 9575 West Higgins Road Suite 800 Rosemont,Illinois 60018 TEL(847)823-0500 FAX(847)823-0520 September 25,2019 Village of Mount Prospect 1700 W.Central Road Mount Prospect, IL 60056 Attention: Sean Dorsey, PE, Public Works Director Subject: Proposal for Construction Engineering Services Burning Bush Trails Parr Interior Drainage Improvement Project Dear Mr. Dorsey: Christopher B. Burke Engineering, Ltd. (CBBEL) is pleased to submit our proposal to perform professional construction engineering services for the Village of Mount Prospect. Included in this proposal is our Understanding,of the Assignment,Scope of Services,and Estimate of Fee, W. Daniel Crosson, PE will be the point of contact for this proposal. Dan is familiar with the project site and will be CBBEL's Project Manager for this project. Bill Schultz will serve as the Resident Engineer(RE) and the Village's liaison. Attached for your consideration are resumes for Dan Crosson and Bill Schultz. Other staff resumes are available upon request. The material provided in this proposal represents our ability and eagerness to perform the required services for the Village. We have successfully completed phase III observation on many stormwater improvements and drainage improvement projects. We trust that this proposal demonstrates our understanding of the project and our expertise to perform the upcoming assignment. The CBBEL project team looks forward to working with the Village and is committed to completing the work to your satisfaction and within the required time schedule. UNDERSTANDING of THE ASSIGNMENT The project includes, but is not limited to the following, bid items: curb and gutter removal, curb and gutter, full-depth HMA pavement patching, concrete sidewalk removal, concrete sidewalk, storm sewer, earth excavation for a detention basin, topsail and seeding, short segmental concrete block walls, ADA ramps, stairs, railings, irrigation system, irrigation water system [water service pipes from water main or water well (shallow or deep)], HMA► path removal, HMA path, tree removal, trees, ballfield fencing/backstops, benches, temporary erosion control, temporary dewatering/bypass pumping, access management,traffic maintenance, as well as all incidental and collateral work necessary to complete the project as shown on the plans and as described herein. The work shall be constructed in accordance with the Levee 37: Burning Bush Trails Park Interior Drainage Improvement Project ars designed by CBBEL. d � An�ess NotificatJon arid Access, CBBEL understands that providing a liaison to keep the residents informed of construction activities will be of the utmost importance to the success of the project. The RE must be adept at communicating with residents affected by the construction as it pertains to the disruption of utility services(water,sewer,gas, etc.), access to driveways and on-street parking, road closures and detours, construction traffic and associated noise and dust, coordination of garbage pickup and mail delivery, re-routing of school bus routes(if required) and the conveyance of general information regarding construction activities and their impacts on the residents' daily life. On previous projects,CBBEL has maintained a website that residents can ,access for updates on traffic staging, traffic control, and project timeliness, and we can provide this service if the'Village requests. Traffic Control and Protection Traffic control will need to be monitored on a regular basis to ensure that the traffic control devices are properly installed and operating properly. CBBEL will enforce the temporary haul route on Burning Bush Lane to Euclid Avenue to prevent construction traffic from disrupting adjacent neighborhoods. CBBEL small perform the following: Notify the area residents and businesses prior to traffic disruptions. Perform one detailed daytime inspection per week and two detailed nighttime inspections per month. These inspections shall be recorded on BC 726 Traffic Control Inspection Report (or a format acceptable to the Village)and delivered to the Public Works Department on a weekly basis. 0 In addition, the RE will drive through the jobsite daily and document the drive through in the project diary. If major deficiencies are observed, the RE will notify the Contractor immediately ,and insure that the Contractor takes the appropriate actions as outlined in the contract documents Coordination with Park District We understand that the River Trails Park District will be performing work adjacent to this project. CBBEL will communicate construction activities with them to ensure that both projects are coordinating activities in a manner that does not disrupt progress. We also understand that the Park District is allowing temporary storage of topsoil in order to reduce hauling distance and accelerate the timeline of excavation. CBBEL will coordinate this work with the Contractor to ensure restoration meets the requirements of the Park District by April 1, 2020. Coordination withUtilities ............ On any project containing large diameter sewer installation within a residential area, the existing utilities must be given special consideration. CBBEL has provided services on many residential projects requiring utility relocation and will assist theVillage in any way possible to facilitate the relocation. Additionally, gas services are often problematic on stormwater projects. CBBEL will work with the Contractor to identify any problem services prior to the pavement removal. CBBEL will also review the proposed underground work and its proximity to any existing utilities prior to the start of those operations. We will work with the 'Village, Contractor, and utility to provide a cost effective and timely solution if required. C�'Pf"OSA�,rS\AD' IlN\,:0,1, \PVlouii t I ira�a f:�r:t Burriing Bush Phfll f',01—Wrosp ect-B uror�CnpBL.i.s��Draiiu�.igePP,i�l1:, �1.' d Purge 2 of 8 Construction Issues Pre-Construction: 1. Review the Contractor's schedule for compliance with any milestones and/or restrictions found in the contract documents. CBBEL will review the schedule for constructability to insure that the work is being completed in a logical sequence. 2. Prepare all project files prior to the start of construction. This shall include reviewing all applicable construction inspectors' checklists found in IDOT's Construction Manual to anticipate any issues that may arise during construction. 3. Review the plans and specifications and identify any potential issues or conflicts that can be resolved prior to construction. This will assist in avoiding unnecessary delays and change orders. Construction: 1. Prior to construction of curb and gutter, we will verify that the proposed driveways and sidewalk have positive drainage. 2. Monitor and track the Contractor's actual progress versus his schedule on a weekly basis to insure they will complete the work on-time. This will assist the RE in anticipating any potential conflicts that could delay the work and work with the Contractor to expedite the completion of the project. 3. Sewer installation at Sta 20+00 adjacent to 1310 Lama Lane: CBBEL design staff has concerns about construction and post construction impacts to private property. Our field staff will provide written, photographic, and video documentation of pre/during/post-construction installation of both the exterior and interior of 1310 Lama Lane residence (garage), and the exterior of the residence to the north. 4. Value Engineering Review: We expect that the Contractor may submit "approved equals" for segmental block wall and irrigation components. CBBEL will review up to four(4) submittals and provide comments for the Village's consideration in determining if items are"approved equals." 'Fun LI inn g,an d D o c u nle n lEgt i o n Our Construction Engineering staff follows IDOT's guidelines for documentation and material inspection for all of our projects. This allows the RE to provide necessary information regarding cost or schedule to the Village throughout construction. Following IDOT's guidelines also facilitates a timely project close- out. CBBEL will assist the Village with any necessary documentation required for MWRD reimbursement. SCOPE OF SERVICES Task 1--Construction Observaflon Task 1.1—Shop 1. Check and approve,or reject and request resubmittal of,any submittals made by the Contractor for compliance with the contract documents. 2. Shop Drawings and Contractor Submittals: a. Record data received,maintain a file of drawings and submissions,and check construction for compliance with them. b. Review Contractor's submittals for compliance with contract documents. Notify the Village of any deviations or substitutions. With the notification, provide the Village with a recommendation for acceptance or denial, and request direction from the Village regarding the deviation or substitution. Nw\IPROPOSALS\ADMIIN\2()19\Moi,irit ProsIpect Burning Bush PhIll P\01_MtProspect- 09251.9.docx Page 3 of 8 Task 1.2—Observation LAYOUT VERIFICATION ANDIOR CONSTRUCTION LAYOUT 1. Verify initial geometric controls. 2. If the Contractor is responsible for construction staking, perform periodic measurements to assure the Contractor's construction staking and construction layout is accurate per plans. 3. Provide construction layout, if required. CONSTRUCTION OBSERVATION 1. CBBEL will provide a full-time Resident Engineer who will perform the following tasks. This task assumes an effort of 1561 hours from November 1, 2019 to meet substantial completion date of May 22, 2020. Task 2.1 (Irrigation) and 2.2 (Water Well) are currently anticipated to be completed by May 22, 2020. If those Tasks are constructed past the completion date, CBBEL will require additional Construction Observation hours. 2. Observe the progress and quality of the executed work. Determine if the work is proceeding in accordance with the Contract Documents. CBBEL shall keep the Village informed of the progress of the work,guard the Village against defects and deficiencies in the work,and advise the Village of all observed deficiencies of the work and disapprove or reject all work failing to conform to the Contract Documents. 3. Provide extensive on-site observations of the work in progress and field checks of materials and equipment through a RE and Inspector(if necessary), who shall: ■ Serve as the Village's liaison with the Contractor working principally through the Contractor's field superintendent. Be present whenever the Contractor is performing work on-site, associated with the project. Cooperate with the Contractor in dealing with the various local agencies and utility companies having jurisdiction over the Project in order to complete service connections to public utilities and facilities. ■ Record names, addresses and telephone numbers of all Contractors,subcontractors, and major material suppliers. ■ Attend all construction conferences. Arrange a schedule of weekly progress meetings and other job conferences as required. Maintain and circulate copies of records of the meetings. ■ Review Contractors progress on a weekly basis and update the progress schedule. Compare actual progress to the Contractor's approved schedule. If the project falls 14 calendar days behind schedule, work with the Contractor to determine the appropriate course of action to get back on schedule. The Contractor is required to submit a revised schedule for approval prior to further payments being made. Maintain orderly files of correspondence, reports of job meetings, shop drawings and other submissions, RFI responses, original contract documents including all addenda, change orders and additional drawings issued subsequent to the award of the contract. Prepare any RFC's needed as construction proceeds. Once the Contractor submits a proposal, assist the Village in their review and provide a recommendation. 3. Determine if the project has been completed in accordance with the contract documents and if the Contractor has fulfilled all obligations. 4. Except upon written instruction of the Village, the RE or Inspector shall not authorize any deviation from the Contract Documents. W\PR0P0SALS\A()1'V11 II\2019\Motu nt Prospect Buir ri�ng Bush PhIll P\01,_M&Prospectr-Bi.,jrn�r�ngBkjshDii,-a�«agelPI-i�lld 092519,do,cX Page 4 Of 8 5. Alert the Contractor's field superintendent when materials or equipment are being installed before approval of shop drawings or samples, where such are required, and advise the Village when it is necessary to disapprove work as failing to conform to the Contract Documents. 6. Discuss the truck routes with the Contractor and monitor that the identified routes are being used. 7. All CBBEL personnel and their sub-consultants will comply with the Village's current safety guidelines. CONSTRUCTION DocumENTATION 1. Keep an inspector's daily report book and project diary in the Village's format, recording hours on the job site,weather conditions,general and specific observations,daily activities,quantities placed, inspections, decisions, and list of visiting officials, as outlined in IDOT's Construction Manual. Additionally, prepare photo documentation of construction to be submitted in both hard and digital formatting. 2. Prepare payment requisitions and change orders. Review applications for payment with the Contractor for compliance with established submission procedure and forward them with recommendations to the Village. Maintain a Change Management Plan logging all decisions and approved changes of scope and budget. B. Schedule any material testing through the pillage's Consultant at the frequency required by IDOT's QC/QA provisions. Also obtain and document all material inspection received from the Contractor as outlined in the Project Procedures Guide of IDOT's Construction Manual. 4. Prepare a monthly written update to the Village summarizing the Project status, costs and schedule. 5. Review and coordinate response to any RFI from the Contractor in a timely manner and maintain a separate file for each request. Task 1-3—Area Re,,sWe,nt and Rusi'ness Concerns .............. The RE will be responsible for keeping the public aware of the construction activities,as required. This will include, but not limited to, notification of construction starting, detours and/or road closures, access limitations, and disruption of water, sewer, and gas service. The RE will also be available throughout the construction project to address any questions or concerns area residents and/or businesses may have. Our policy is to respond to all questions or concerns within one business day. Ta,sk,1.4—Erosion Control'[Coo,,r,'di*nat"I on ate d I'nspection SWPPP Preparation: CBBEL will prepare a SWPPP for the project in accordance with Part IV of the General NPDES Permit No. ILR10. Please note that completion of this task will require signed certification statements from all Contractors, subcontractors, and the operator as identified in the SWPPP. On-Call ILR10 NPDES Consulting and Agency Coordination: Throughout the duration of the project, meetings with Contractors, regulatory agencies and others can be anticipated. CBBEL will provide miscellaneous storm water, Best Management Practice (BMP), and general environmental consulting services. CBBEL has budgeted for our attendance at six(6) site meetings. As required by the provisions of the NPDES Permit Number ILR10, CBBEL's RE will inspect all erosion control measures installed during construction to insure they are in accordance with the Storm Water Pollution Prevention Plan (SWPPP). They will perform this inspection weekly and generate a report detailing any deficiencies that need to be addressed. This report will be given to the Contractor, as well as the Village. l'�,,\PROPOSALS'�,A,Dl1\4III['q\2019\POoiuriit Prospeck Burniing BuO-i PlflH P\cn....,rotprospecit-Buv-o,)iirigRk.ishDraoi,iiagePil[�092519,docx Page 5 of 18 Task.1.5 A aterial estin, BREL will provide material inspection services through our sub-consultant Rubino Engineering, Inc. (Rubino) of Elgin, IL. Rubino will complete the Quality Assurance (CSA) material testing as required at the site and CSA testing at the plants. Task 1. —Traffic Control Insecion Perform barricade checks as outlined in Section 700: Werk Zone Traffic Control of IDOT's Construction Manual. At a minimum, CBBEL shall perform the following: One detailed daytime inspection per week and two detailed nighttime inspections per month. These inspections shall be recorded on a format in accordance with pillage policy or Form BC 726,Traffic Control Inspection Report. In addition,the RE will drive through the jobsite daily and document the drive through in the project diary. If traffic control is in place during any winter shutdown periods,two drive-throughs per week will be performed. If major deficiencies are observed, the RE will notify the Contractor immediately and insure that the Contractor takes the appropriate actions as outlined in the contract documents. Task 1.7—Past-Construction 1. Conduct additional site inspections related to detention basin maintenance, chain link fence, tree relocation, and landscaping establishment related to final June 11, 2021 completion date. 2. Prior to final inspection, submit to the Contractor a list of observed items requiring correction and verify that each correction has been made. 3. Conduct final inspection with the Village and prepare a final list of items to be corrected. 4. Site inspection and separate punch list preparation of the landscaping and amenities. 5. Verify that all items on the final list have been corrected and make recommendations to the Village concerning acceptance. 6. Prepare final pay estimate and change order for the pillage's approval. 7. Verify all necessary material inspection has been received and documented. 8. Submit the job box to the Village with all pertinent project information. a s l Lcord Dia i,n sDete �Detention Area, ol.�ey CBBEL will maintain a set of working drawings showing changes in the work during construction. The Contractor is required to complete a Topographic As-Built Survey of the detention area and as-built survey of the project to conform with MRD requirements. CBBEL will review the Contractor record drawings against our working drawings to verify that the Contractor has provided accurate records of the project. Task 2 The following tasks are part of final engineering/permit requirements,as needed,dependent on which Alternate Bid the Village awards to the Contractor: Task 2.1—Additional Design En ineerin -Irrigation] Illinois erluc n Water Source CBBEL to assist with inquiries regarding the automated irrigation system and the water supply from the Village's water distribution system. CBBEL to expend additional manhours above the original estimated engineering design services ,amount to work out any design questions for the improvements to the automated irrigation system due to design scope changes by the Village. CBBEL N:\PF� IPOSA� LS\AD IIN\`01,9\ otir)t Prospect BUrnuirn;Bush,N-111 n6\01.__P0t rc)s ct w092519,,docx Page 6 to finalize the irrigation system design and update the plans based on the approved design. Task,2.2—Additional Desi En i rile 1y" t* 19'PL,19ter ell Sourcel_CornEd, CBBEL to assist with inquiries regarding the automated irrigation system and the water supply from an on-site water well. CBBEL to expend additional manhours above the original estimated engineering design services amount to work out any design questions for the improvements to have the on-site water well source for the automated irrigation system due to design scope changes by the Village. CBBEL to finalize the irrigation system design and update the plans based on the approved design. This task also includes the coordination with ComEd to provide the appropriate electrical service to accommodate the on-site water well operation. CBBEL will also coordinate permitting procedures with the Village's Building Department, the IEPA, and the Illinois Department of Public Health for the well location and appurtenances. Any fees associated by these agencies are not accounted for in this proposal. Task 2.3—Field Change......Model Veri'ficatioL Nqces�iqry) n CBBEL will analyze up to two (2) field changes using XPSWMM stormwater modeling. CBBEL will coordinate the field change with the Village and discuss its effect on the results, if any. ESTIMATE OF FEE Based on the above Scope of Services,our Estimate of Fee is detailed further in the attached CBBEL Work Effort. CBBEL estimates the following fees for each of the tasks described above: Task DescrtaiLon Fee Task Total 1.1 Shop Drawing Review $ 24,530 1.2 Observation $ 229.,858 1.3 Area Resident and Business Concerns $ 2,920 1.4 Erosion Control Coordination and inspection $ 9,918 1.5 QA Material Testing(Rubino) $ 8,918 1.6 Traffic Control Inspection $ 4,525 1.7 Post-Construction $ 30,334 1.8 Record Drawings/Detention Area Survey $ 41099 Task 1 Total $ 315o203 2.1 Additional Design Engineering-Irrigation $ 3,504 2.2 Additional Design Engineering-Water Well $ 5,840 2.3 Field Change Model Verification $ 1,908 Task 2 Total $ 11,312 ..................................... .................. ..................11,�1,11,�'ll"�,,�11,11,�1,11'.1�,�,�,�,�,�,�,�,�'ll""I'll"1.11,11,,,,,,,'ll""I'll""I'll",'ll""I'll""I'll",'ll""I'l'll""I'll""I'll,Ill""I'll",–...............— Total Fee $ 326,515 �4:\PROPOSAI.,S\ADMiN\201.9\NAouiit Prospect 13unilling BUS1.1 IRhM P\01._1"^ pirospect 09 2' Page 7 of 8 We will bill you at the hourly rates specified on the attached Schedule of Charges and establish our contract in accordance with the attached General Terms and Conditions. Direct costs for blueprints, photocopying, mailing,overnight delivery, messenger services and report compilation are not included in the fee estimate. These General Terms and Conditions are expressly incorporated into and are an integral part of this contract for professional services. Please note that any requested meetings or additional services are not included in the preceding fee estimate and will be billed at the attached hourly rates. Please sign and return one copy of this agreement as an indication of acceptance and notice to proceed. Please feel free to contact us anytime. Sincerely, (CefirNtopher B. Burke, ., , hDI PE,. D.WRE, Dist.M.ASCE President Encl., CBBEL Work Effort Schedule of Charges General Terms and Conditions Resumes THIS PROPOSAL, SCHEDULE OF CHARGES AND GENERAL TERMS AND CONDITIONS ACCEPTED FOR THE VILLAGE OF MOUNT PROSPECT. 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STANDARD CHARGES FOR PROFESSIONAL SERVICES JANUARY, 2019 Charges* Personnel /Hr Principal 265 Engineer VI 241 Engineer V 200 Engineer IV 163 Engineer III 146 Engineer 1/11 116 Survey V 220 Survey IV 188 Survey 111 165 Survey II 121 Survey 1 96 Engineering Technician V 190 Engineering Technician IV 155 Engineering Technician III 140 Engineering Technician 1/11 65 CAD Manager 170 Assistant CAD Manager 147 CAD 11 130 GIS Specialist III 142 GIS Specialist 1/11 90 Landscape Architect 163 Environmental Resource Specialist V 208 Environmental Resource Specialist IV 163 Environmental Resource Specialist III 134 Environmental Resource Specialist 1/11 90 Environmental Resource Technician 110 Administrative 100 Engineering Intern 61 Information Technician III 125 Information Technician 1/11 112 Direct Costs Outside Copies, Blueprints, Messenger, Delivery Services, Mileage Cost + 12% *Charges include overhead and profit Christopher B. Burke Engineering, Ltd. reserves the right to increase these rates and costs by 5% after December 31, 2019. 'W' ' ubm ENGINEERING INC. PROPOSAL September 20, 2019 To: Kevin Wilson, PE Re: Quality Assurance Testing Services Christopher B. Burke Engineering, ltd Burning Bush Trails Park Improvements 9575 W. Higgins Road, Suite 600 Mt. Prospect, IL Rosemont, IL 60018 P: 847-823-0500 C: 847-833-0274 Proposal No. Q19.390 Via email: kwilson(cD-cbbel.com Dear Mr. Wilson, Rubino Engineering, Inc. is pleased to submit the following proposal to provide QA construction materials testing and inspection services for the above referenced project. PROJECT UNDERSTANDING Rubino Engineering, Inc. received material quantities from you via email on September 20, 2019 and the following outlines our understanding of the requested scope of services: Burning Bush Trails Park Improvements, Mt. Prospect, IL ervi EARTHWORK TESTING ■ Field testing of on-site and borrow soil material o Compaction by the nuclear method, footing inspections and proof-rolls ■ Laboratory testing of on-site and borrow soil material o Standard proctor ASTM D698 or Modified proctor ASTM D1557 o Sieve Analysis (Granular Material) or Hydrometer and Atterberg Limit Determination (Soil) ■ Subgrade/Subbase stone proof roll—parking and building pad BITUMINOUS PAVING AND EXTERIOR CONCRETE ■ QA Field testing of uncured concrete—Slump, air, temperature, and casting of cylinders ■ QA Laboratory testing of cured concrete—Strength ■ QA Field testing of hot mix asphalt(HMA)—Density by the nuclear method ■ QA Laboratory testing of HMA—Bulk SG, Max SG, and Loss on Ignition Ext, ■ Re-inspection for failed tests ■ Work areas not ready for inspection at the time scheduled ■ Delays by the contractor ■ Cancellations ■ Overtime ■ Any services not described and listed above Rubino Engineering, Inc. proposes to provide experienced, technical personnel to perform the requested testing in general accordance with the client-provided project specifications. If any of the above information is incorrect, please notify us or change it on the signed copy of the proposal. Rubino Engineering,Inc.•425 Shepard Drive 9 Elgin,IL 60123•(847)931-1555 9(847)931-1560 fax Burning Bush Trail Park Improvements-QA Testing September 20,2019 Rubino Proposal No:Q19.390 FEES The work will be accomplished on a unit price basis in accordance with the Rubino Engineering, Inc. Schedule of Services and Fees, and will be performed pursuant to the attached General Conditions. Copies of our Schedule of Services and Fees and General Conditions are enclosed herewith and incorporated into this proposal. Rubino Engineering, Inc.'s fees will be determined by the actual amount of technical time expended for this project and the amount of laboratory testing performed by the client's request. The fees charged under this agreement are subject to change 6 months from the date of the proposal. Rubino Engineering, Inc. will proceed with the planned work only after receiving a signed copy of this proposal. Please complete the attached Project Data Sheet before returning the proposal to enable your file to be properly established. z °• n M M < M as CL M cD M CL Item Description � 0 p j N _ _ cc o =r CD Q N QTY Unit o 0 0 o o o c o c o o c c Base Bid Trench Compaction (2393 CY Trench Backfill) per Trip 16 4 1 4 1 1 Hot-Mix Asphalt Binder Course, IL 19.0, N50 48 TON 4 1 0.5 1 Hot-Mix Asphalt Surface Course, Mix D, N50 29 TON 4 1 0.5 1 CLASS C PATCHES, TYPE IV, 7 INCH 1434 SY 12 3 1 Controlled Low Strength Material 74 CY 8 2 10 2 Portland Cement Concrete Sidewalk, 5 inch 6897 SF 8 2 1 10 1 Combination Concrete Curb and Gutter, Type B-6.12 62 FOOT 4 1 0.5 5 1 40 16 14 3.5 7 25 5 1 GRAND TOTAL= $8,917.50 0 0 0 -4 o n o � C) �n o 0 0 0 0 0 0 0 0 0 0 PROJECT SCHEDULING Please book testingservices prior to 4 m the da before testing is needed via our website: p p Y g https://rubinoeng.com/schedule-field-testing The office and field project manager will be notified, and you will receive a confirmation email and possibly a follow up phone call or email for additional project information. Changes to the schedule or cancellations: scheduling(c_rubinoeng.com Please call the office with any questions or changes to the schedule 8am to 4pm. After hours calls can go to Tim Dunne's cell phone at 847-343-0749. Rubino Engineering,Inc. Page 2 of 8 Burning Bush Trail Park Improvements—QA Testing September 20,2019 Rubino Proposal No:Q19.390 CLOSING Rubino appreciates the opportunity to offer our services for this project and we look forward to working with your company. Please contact me with questions pertaining to this proposal or requests for additional services. Respectfully submitted, RUBINO ENGINEERING, INC. iilll �L II pll IIINb IIIUv I� IIIIIIIIIIIIIIIIIIIIII IIIIIIII II11 ,,,, Itr IIIIIIII UI IIIIIIIII W I� w .M. +M. yw IIIIIIII WI W IIIIIIII U I IIIWd � IIIIIIU (IIIIIIIII III I� I �IIUUI IIIIIUI� (IIIIIIIII I 1 Michel e A. Lipin E President m ichel le.l ipinski(ab-ru binoeng.com Rubino Engineering,Inc. Page 3 of 8 Burning Bush Trail Park Improvements—QA Testing September 20,2019 Rubino Proposal No:Q19.390 AUTHORIZATION AND PROPOSAL ACCEPTANCE If this proposal is acceptable to you, Rubino Engineering, Inc. will perform the work in accordance with the attached General Conditions that are incorporated into and made a part of this proposal. Please sign below as notice to proceed and return one copy of this proposal intact to our office. We will proceed with the work upon receipt of signed authorization. AGREED TO, THIS DAY OF , 20 BY (please print): TITLE: COMPANY: SIGNATURE: PROJECT INFORMATION: 1. Project Name: 2. Project Location: 3. Your Job No: Purchase Order No.: 4. Project Manager: Telephone No.: 5. Site Contact: Telephone No.: 6. Number and Distribution of Reports: ( ) Copies To: ( ) Copies To: Attn: Attn: Email: Email: ( ) Copies To: ( ) Copies To: Attn: Attn: Email: Email: 7. Invoicing Address: Attn: Email: 8. Other Pertinent Information Or Previous Subsurface Information Available: Rubino Engineering,Inc. Page 4 of 8 Burning Bush Trail Park Improvements—QA Testing September 20,2019 Rubino Proposal No:Q19.390 Rubino Engineering, Inc. Schedule of Construction Materials Testing Services&Fees through March 1,2020(Illinois Prevailing Wage) LABORATORY TESTING SERVICES Compression testing of concrete, mortar and grout specimens by ASTM procedures Per Cylinder $ 17.00 Pick-up of test cylinders and transportation to lab(min.2), or cancellation hours(min.4) (Does not include vehicle charge) Per hour $ 90.00 Density relationship of soils ASTM D698-AASHTO T99(Standard Proctor) Each $ 195.00 ASTM D1557-AASHTO T180(Modified Proctor) Each $215.00 Asphalt Maximum Theoretical Specific Gravity Each $ 110.00 Bulk Specific Gravity Each $ 95.00 Ignition Oven Test/Reflux Extraction +Sieve Analysis Each $ 126.00 Core Densities Each $ 45.00 Sieve Analysis(Washed) Each $ 90.00 Sample preparation for the above tests Each $ 40.00 MATERIAL TESTER-1 -Hand coring and drilling for testing of materials;field inspection of uncured concrete and asphalt. Per Hour $ 96.00 Per Hour Overtime(before 8am, after 5pm and Saturdays) $ 144.00 Per Hour Overtime Sundays and Holidays $ 192.00 MATERIAL TESTER-2-Field inspection of fireproofing, masonry,soil, facade, reinforcing steel, formwork, cured concrete, and concrete and asphalt batch plants;adjusting proportions of bituminous mixtures. Per Hour $ 100.00 Per Hour Overtime(before 8am, after 5pm and Saturdays) $ 150.00 Per Hour Overtime Sundays and Holidays $200.00 EQUIPMENT CHARGES Vehicle Charge-Round Trip Per Day $ 65.00 Nuclear Density Gauge Per Day $ 40.00 ENGINEERING SERVICES Principal Engineer Per Hour $ 185.00 Project Engineer/Manager Per Hour $ 125.00 Administrative Assistant Per Hour $ 65.00 Report Review Each $ 50.00 REMARKS 1) All fees and services are provided in accordance with the attached Rubino Engineering,Inc.General Conditions. 2) Unit prices/rates are in effect for 6 months from the date of this proposal and are subject to change without notice thereafter if not noted above. Overtime rates are applicable for services performed in excess of 8 hours per day Monday through Friday,before 7:00 AM or after 3:00 PM, 3) and for all hours worked on Saturdays,Sundays and holidays.The overtime rate is 1.5 times the applicable hourly rate. Sundays and holidays are double time. 4) All rates are billed on a portal-to-portal basis. 5) Standby time due to delays beyond our control will be charged at the applicable hourly rate. 6) Transportation and per diem are charged at the applicable rates per trip. 7) Rates involving mileage(including transportation,mobilization,vehicle and trip charges)are subject to change based upon increases in the national average gasoline price. 8) A minimum charge of 4 hours applies to field testing and observation services. 9) Scheduling or cancellation of field testing and observation services is required no less than the working day prior to the date the services are to be performed.Services cancelled without advance and/or inadequate notice will be assessed a minimum 4-hour charge. 10) For all Rubino Engineering,Inc.services,a project management/engineering review charge will be billed for all reports issued for the scheduling/supervision of personnel and the evaluation/review of data and reports. Rubino Engineering,Inc. Page 5 of 8 Burning Bush Trail Park Improvements—QA Testing September 20,2019 Rubino Proposal No:Q19.390 11) The minimum billing increment for time is a half hour. 12) A project set-up charge of a minimum of two hours applies to all projects. 13) Professional Services rates are exclusive of expert deposition or testimony time. This proposal is based on Rubino Engineering,Inc.being scheduled on an on-call basis and letters of certification will not be provided 14) unless Rubino Engineering, Inc.is notified in advance and Rubino Engineering, Inc.is scheduled for full time inspection and testing of the area or item to be certified. 15) If special inspections are required by the city where the construction is to take place,it must be brought to the attention of Rubino Engineering,Inc.prior to the start of construction as additional charges will apply. 16) Prevailing wage fees are subject to change based on the Illinois Department of Labor. 17) Services and fees not listed on this schedule may be quoted on request. Rubino Engineering,Inc. Page 6 of 8 Burning Bush Trail Park Improvements-QA Testing September 20,2019 Rubino Proposal No:Q19.390 Clienj#-.1 171677 RUSINENIG DATE fW0DfYYYY) AC0,RD,11. CERTIFICATE OF LIABILITY I SCE 91012019 THIS CERTIFICATE,l"S 1SSUED,AS A MATTER OF,INFORMATION ONL'YAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.,THIS CERTIFICATE DOES DICTA FFIR MATIVE1YOR NEGATIVELYAMEND,EXTEND OR'ALTERTHE COVERAGEAFFOR DED BY"THE POLICIES BELOW,.THiS CERTFFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETW .ESI'THE ISSAJ ING'INS U RI(Sa"),AUT HOIREZED REEPAESE'IN ATIVE"OR PROIIS ICE,"KANO THE,CERTIFICATE HOLDE",Ar IMPORTANT:fff the certificate,holder is an ADDITIONAL INSU RED,the policy(Jes)rnust,IR avITIONAL INSUREDprovisions cw be endcwseld ff SUE1,13,0GATIO N IS,WAIVED,subject tothe terms and condift,,.,ns of-the pi-olicy,,,ce,,r-t,,ain:poIic,.,Ies,may require an eIrl 4orsement.A Statement an th is,ced i If ical e.does,n911,t o In f e,r,a n y',rj g ht stolb 0 ce r1i f,i 0;ate h ol do,r,i In I j ewo If sm c 1h)en do Irs em 111 s PRODUCER r- N Laurie Clonin,ger USS ins SrvI LLC Euclid,-Prof PH - 6,1130 0121,51-5219 FAX, .1 11-0-Ext �xvr (kC,ND�,6 ID 537-4939 2021 Spng Road,,Suite,,100 E-MAIL ln @ual.,elom ADDAESS, aude.cl iioni ger(. Oak Brook,11- 60523 R1%-S ,U;9E'i9(,9,)APFORCROO NAIL N 312 4421772,00 M'SURER A SLI KnirsulI 0011ftRaMc 13056 1 N 115,111)8 e 01 1 1R ER B Btfk,kV In 1I n"�C 0 11 Ph rtV 32603 R in EnginI Inc. MSUIRERC 4,25-4,35 Shoplord Dr$to H MS,Uq EIS DI Elgin,IL,, 00123, COVERAGE$, REVISION NUMRFR:� T( I'lif INI'51)1410) 'NAMEC)MlOVE I ) i.R P(A'K yPl[) 114AT TH(� t;)F LJ$TFI)i HAVE I�,(,`EN I$$1I)e W) W,I I��45"I`ANIXNG ANY" 1,3'Mlk D wl"I;,r�, UI 110 1 & (6,11 1 ARY GGN"r�4A-,G`r (xX1.11 wr 1, A E N't, 1"1`R)1 (3` (" Nr. 11 1� MAY'I I ISSIJ-LD OH! THTA1N. "'!"'HE INSLRANGL AFJ�608[El"); 13y POL[Gt,�s ilEREJN IS SURJI!161`11"�'C MAY' � 316, 11 1'', 1, IE rIE8 EXCLUSIONS AND CONDII3 OF SUCH POLICIES. UWTS SHOWN MAY HAVE, BEEN REDUCED BY PAID GL.;IMS INS, ADDL SUIBIZ P10 L I C Y E F F RGUIC V EXP LTI/H !YVE Of INSURANCE P 0L I' YKU,M BE R1 4M 0D,1YV`YV) III MY VVY"IIIT A X COMMERCIALGENERAL LIABILITY "'S 0,03777 MI019 0,"112020 1"(1,00,000 'Co"CLAIMS,11ADE, OCCUR f i5 IS 4,000' '(100 MED EXP 4101, PL11Z5-.w0,NAL A ADV tWURYTil,0,00,000- GENERM AGGA& 7E 2,000,000 F0 LIGYI I JEC"T ❑LOG, F111"FICKAJUS-00fil AC.G s 2,000,000 OD CE,W 31 41�1�1 I'Imij 1,202,0 IMIM 0 SINU A AUFFORIE LIABILITY :PS,A0001,881 sir acddmrtt 3 X ANN; AlY10, 120D]l Y RULRY IPnr p,nrseurl'l 5 CAI' CHEN JILEIDF,In jF1, 3 AL 05 ONLY Oi,U70,S R-OD1 Y IN JR Y LPr ax�njx,m x H P9 E,,D, x WO N CYWNED PROYTR7VIDAMAGE 3 AU r05 ONLY �yl 7 0, r-)NJ Y P aw"zi m"H orl 0 F] A jIj M LL LIAO PS,EOD012142 D%40,1,12019 09,t011202,(I X oc", ul i s5,000,00D X t XQ P 515 L,I A 5' C t,.A I NIS',MA j00D DED RETENTION1 A WORKERS COMPENSATION PSM000,27819, 9/01:,/2019 091,0112024 AND,VA)PLOVEAS"LRAL.ItY V N ANY['!,R�IPW -flk,l�ARTNIA !;Dkili!!)0' r I vi'! F, E All A 10 e Nl,' ,31:000,OOD A&M (�;441 L7 7y NiA, Mis n d al o ry.-I n N KI E-L DISEASE-,E A,JEM RL 01Y EE 3'1,000,00D H I r1l,1110 rJ,01 EH?i I ON E.L.EI.,.'ZAl POLIC`e 7T1,,000,00D A Prol"essional AEC'9,033778,00 D'19101)2019 091,0112020 $2,WO,0001,each lei-aim I Liability $4,000,0001,anxIivalaggr. DE;tRIPTIO N OF UIPERATJONSI'LOGATIOKS VVEHI-CILE115(AICORD'19-1,"MIRMal n'llaybe afladved 11 n1I,6"m Is,1,"%,find�l ProtesiallISI al Liability Is wfitten on a'claims,made"policy fOrm. Some or all office,ra-are excWded,ftom Workers GoIIsation coverage,,., "HI S CERTMICA11TE OFISI' ANC E IS INTENDE.D.AS A,SPECIMEN C0PY'0NI-,`Y,., ERTIFfCATE HOLDER CANCELLATION :Rubino Engineering, hIcIL $140ULDANY OF`THE,ASOV"E"DES,010E D POVICIES _AT,10114 0,A,,TE,, TKEREV!, NOTICE` Wh L vi"E, IN " t 'TI ACCOPOANCt W[TH T"E POwl AUTHORIZED REPRESENTATIVE ,Q 1988-2,015 AGORD CORPORATION,.All 691I reserved. ACORD 25(21016,V3) 1 Of 1 The,ACORD narne an,d logo, am,re istemild marks,IiDVACORD #S26�411701N,26,539043 LX1IGAA Rubino Engineering,Inc. Page 7 of 8 Burning Bush Trail Park Improvements—QA Testing September 20,2019 Rubino Proposal No:Q19.390 GENERAL CONDITIONS 1.PARTIES AND SCOPE OF SERVICES: Rubino Engineering,Inc.shall include said company or its particular division,subsidiary or affiliate performing the services. "Services"means the specific geotechnical,analytical,testing or other service to be performed by Rubino Engineering,Inc.as set forth in Rubino Engineering,Inc.'s proposal,Client's acceptance thereof and these General Conditions. Additional services ordered by Client shall also be subject to these General Conditions. "Client"refers to the person or business entity ordering the services to be done by Rubino Engineering,Inc. If Client is ordering the services on behalf of another,Client represents and warrants that it is the duly authorized agent of said party for the purpose of ordering and directing said services. Unless otherwise stated in writing,Client assumes sole responsibility for determining whether the quantity and the nature of the services ordered by the client is adequate and sufficient for Client's intended purpose. Client shall communicate these General Conditions to each and every third party to whom Client transmits any part of Rubino Engineering,Inc.'s services. Rubino Engineering,Inc.shall have no duty or obligation to any third party greater than that set forth in Rubino Engineering,Inc.'s proposal,Client's acceptance thereof and these General Conditions.The ordering of services from Rubino Engineering, Inc.,or the reliance on any of Rubino Engineering,Inc.'s work,shall constitute acceptance of the terms of Rubino Engineering,Inc.'s proposal and these General Conditions,regardless of the terms of any subsequently issued document. 2.TESTS AND INSPECTIONS: Client shall cause all tests and inspection of the site,materials and work performed by Rubino Engineering,Inc.or others to be timely and properly performed in accordance with the plans,specifications and contract documents and Rubino Engineering,Inc.'s recommendations. No claims for loss,damage or injury shall by brought against Rubino Engineering, Inc.by Client or any third party unless all tests and inspections have been so performed and unless Rubino Engineering,Inc.'s recommendations have been followed. Client agrees to indemnify,defend and hold Rubino Engineering,Inc.,its officers,employees and agents harmless from any and all claims,suits,losses,costs and expenses,including,but not limited to,court costs and reasonable attorney's fees in the event that all such tests and inspections are not so performed or Rubino Engineering,Inc.'s recommendations are not so followed except to the extent that such failure is the result of the negligence,willful or wanton act of omission of Rubino Engineering,Inc.,its officers,agents or employees,subject to the limitation contained in paragraph 9. 3.SCHEDULING OF SERVICES: The services set forth in Rubino Engineering,Inc.'s proposal and Client's acceptance will be accomplished in a timely,workmanlike and professional manner by RUBINO ENGINEERING,INC.personnel at the prices quoted. If Rubino Engineering,Inc.is required to delay commencement of the services or if,upon embarking upon its services,Rubino Engineering, Inc.is required to stop or interrupt the progress of its services as a result of changes in the scope of the services requested by Client,to fulfill the requirements of third parties,interruptions in the progress of construction,or other causes beyond the direct reasonable control of Rubino Engineering,Inc.,additional charges will be applicable and payable by Client. 4.ACCESS TO SITE: Client will arrange and provide such access to the site as is necessary for Rubino Engineering,Inc.to perform the services. Rubino Engineering,Inc.shall take reasonable measures and precautions to minimize damage to the site and any improvements located thereon as the result of its services or the use of its equipment;however,Rubino Engineering,Inc.has not included in its fee the cost of restoration of damage which may occur. If Client desires or requires Rubino Engineering,Inc.to restore the site to its former condition,upon written request Rubino Engineering,Inc.will perform such additional services as is necessary to do so and Client agrees to pay Rubino Engineering,Inc.for the cost. 5.CLIENT'S DUTY TO NOTIFY ENGINEER: Client represents and warrants that it has advised Rubino Engineering,Inc.of any known or suspected hazardous materials,utility lines and pollutants at any site at which Rubino Engineering,Inc.is to perform services hereunder,and unless Rubino Engineering,Inc.has assumed in writing the responsibility of locating subsurface objects,structures,lines or conduits. Rubino Engineering,Inc.may use such information in performing its services and is entitled to rely upon the accuracy and completeness thereof. Client agrees to defend,indemnify and save Rubino Engineering,Inc.harmless from all claims,suits,loses costs and expenses,including reasonable attorney's fees as a result of personal injury,death or property damage occurring with respect to Rubino Engineering,Inc.'s performance of its work and resulting to or caused by contact with subsurface of latent objects,structures,lines or conduits where the actual or potential presence and location thereof were not revealed to Rubino Engineering,Inc.by Client and/or by any of Client's subcontractors or sub consultants 6.RESPONSIBILITY: Rubino Engineering,Inc.'s services shall not include determining,supervising or implementing the means,methods,techniques,sequences or procedures of construction. Rubino Engineering,Inc.shall not be responsible for evaluating,reporting or affecting job conditions concerning health,safety or welfare. Rubino Engineering,Inc.'s services or failure to perform same shall not in any way excuse any contractor,subcontractor or supplier from performance of its work in accordance with the contract documents. Rubino Engineering,Inc.has no right or duty to stop the contractor's work. 7.SAMPLE DISPOSAL: Unless otherwise agreed in writing,test specimens or samples will be disposed immediately upon completion of the test. All drilling samples or specimens will be disposed sixty(60)days after submission of Rubino Engineering,Inc.'s report. 8.PAYMENT: Client shall be invoiced once each month for services performed during the preceding period. Client agrees to pay each invoice within thirty(30)days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause in writing with said thirty(30)day period at the rate of eighteen(18)percent per annum(or the maximum interest rate permitted under applicable law),until paid. Client agrees to pay Rubino Engineering,Inc.'s cost of collection of all amounts due and unpaid after sixty(60)days,including court costs and reasonable attorney's fees. Rubino Engineering,Inc.shall not be bound by any provision or agreement requiring or providing for arbitration or disputes or controversies arising out of this agreement,any provision wherein Rubino Engineering,Inc.waives any rights to a mechanics'lien,or any provision conditioning Rubino Engineering,Inc.'s right to receive payment for its services upon payment to Client by any third party. These General Conditions are notice,where required,that Rubino Engineering,Inc.shall file a lien whenever necessary to collect past due amounts. Release of such lien shall be given only when payment in full has been received for services duly rendered. Failure to make payment within thirty(30)days of invoice shall constitute a release of Rubino Engineering,Inc.from any and all claims which Client may have,whether in tort,contract or otherwise and whether known or unknown at the time. 9. STANDARD OF CARE: RUBINO ENGINEERING, INC.'S SERVICES WILL BE PERFORMED, ITS FINDINGS OBTAINED AND ITS REPORTS PREPARED IN ACCORDANCE WITH ITS PROPOSAL,CLIENT'S ACCEPTANCE THEREOF,THESE GENERAL CONDITIONS AND WITH GENERALLY ACCEPTED PRINCIPLES AND PRACTICES. IN PERFORMING ITS PROFESSIONAL SERVICES,RUBINO ENGINEERING,INC.WILL USE THAT DEGREE OF CARE AND SKILL ORDINARILY EXERCISED UNDER SIMILAR CIRCUMSTANCES BY MEMBERS OF ITS PROFESSION. RUBINO ENGINEERING,INC.MAKES NO WARRANTIES,EITHER EXPRESS OR IMPLIED,IN CONNECTION WITH ITS SERVICES PROVIDED AS SET FORTH IN ITS PROPOSAL,CLIENT'S ACCEPTANCE THEREOF,AND THESE GENERAL CONDITIONS. STATEMENTS MADE IN RUBINO ENGINEERING,INC.REPORTS ARE OPINIONS BASED UPON ENGINEERING JUDGMENT AND ARE NOT TO BE CONSTRUED AS REPRESENTATIONS OF FACT. SHOULD RUBINO ENGINEERING,INC.OR ANY OF ITS PROFESSIONAL EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF ITS WORK,OR TO HAVE MADE AND BREACHED ANY EXPRESSED OR IMPLIED WARRANTY,REPRESENTATION OR CONTRACT,CLIENT,ALL PARTIES CLAIMING THROUGH CLIENT AND ALL PARTIES CLAIMING TO HAVE IN ANY WAY RELIED UPON RUBINO ENGINEERING,INC.'S WORK,AGREE THAT THE MAXIMUM AGGREGATE AMOUNT OF THE LIABILITY OF RUBINO ENGINEERING,INC.,ITS OFFICERS,EMPLOYEES AND AGENTS SHALL BE LIMITED TO$10,000.00 OR THE TOTAL AMOUNT OF THE FEE PAID TO RUBINO ENGINEERING,INC.FOR ITS WORK PERFORMED WITH RESPECT TO THE PROJECT,WHICHEVER AMOUNT IS GREATER. NO ACTION OR CLAIM,WHETHER IN TORT, CONTRACT OR OTHERWISE, MAY BE BROUGHT AGAINST RUBINO ENGINEERING, INC., ARISING FROM OR RELATED TO RUBINO ENGINEERING,INC.'S WORK,MORE THAN TWO(2)YEARS AFTER THE CESSATION OF RUBINO ENGINEERING,INC.'S WORK HEREUNDER. 10.INDEMNITY: To the fullest extent permitted by law,Client and Rubino Engineering,Inc.each agree to indemnify the other party and the other party's officers,directors,partners,employees,and representatives,from and against losses,damages,and judgments arising from claims by third parties,including reasonable attorneys'fees and expenses recoverable under applicable law,but only to the extent they are found to be caused by a negligent act,error,or omission of the indemnifying party or any of the indemnifying party's officers,directors,members,partners,agents,employees, subcontractors,or subconsultants in the performance of services under this Agreement. If claims,losses,damages,and judgments are found to be caused by the joint or concurrent negligence of Client and Rubino Engineering,Inc.,they shall be borne by each party in proportion to its negligence. 11.TERMINATION: This Agreement may be terminated by either party upon seven(7)days'prior written notice. In the event of termination,Rubino Engineering,Inc.shall be compensated by Client for all services performed up to and including the termination date,including reimbursable expenses and for the completion of such services and records as are necessary to place Rubino Engineering, Inc.'s files in order and/or protect its professional reputation. Failure of Client to make payments when due shall be cause for suspension of services or,ultimately,termination,unless and until Rubino Engineering Inc.has been paid in full all amounts due for services,expenses and other related changes. 12. DISPUTE RESOLUTION: In the event of a dispute arising out of or relating to this Agreement or the services to be rendered hereunder,the Client and Rubino Engineering,Inc.agree to attempt to resolve such disputes in the following manner: 1)The parties agree to attempt to resolve any and all unsettled claims,counterclaims,disputes and other matters in question through direct negotiations between the appropriate representatives of each party;2)If such negotiations are not fully successful,the parties agree to submit any and all remaining unsettled claims,counterclaims,disputes and other matters in question to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association,effective as of the date of this Agreement. 13. WITNESS FEES: Rubino Engineering,Inc.'s employees shall not be retained as expert witnesses except by separate written agreement. Client agrees to pay Rubino Engineering,Inc.'s legal expenses,administrative costs and fees pursuant to Rubino Engineering,Inc.'s then current fee schedule for Rubino Engineering,Inc.to respond to any subpoena. 14. NO HIRE:Client agrees not to hire Rubino Engineering,Inc.'s employees except through Rubino Engineering,Inc. In the event Client hires a Rubino Engineering,Inc.employee,Client shall pay Rubino Engineering,Inc.an amount equal to one-half of the employee's annualized salary,with Rubino Engineering,Inc.waiving other remedies it may have. 15.HAZARDOUS MATERIALS: Nothing contained within this agreement shall be construed or interpreted as requiring Rubino Engineering,Inc.to assume the status of an owner,operator,generator, storer,transporter,treater or disposal facility as those terms appear within RCRA,CERCLA,or within any Federal or State statute or regulation governing the generation,transportation,treatment, storage and disposal of pollutants. Client assumes full responsibility for compliance with the provisions of RCRA,CERCLA,and any other Federal or State statute or regulation governing the handling, treatment,storage and disposal of pollutants. 16.PROVISIONS SEVERABLE: The parties have entered into this agreement in good faith and it is the specific intent of the parties that the terms of the General Conditions be enforced as written. In the event any of the provisions of these General Conditions should be found to be unenforceable,it shall be stricken and the remaining provisions shall be enforceable. 17.ENTIRE AGREEMENT: This agreement constitutes the entire understanding of the parties,and there are no representations,warranties or undertakings made other than as set forth herein. This agreement may be amended,modified or terminated only in writing,signed by each of the parties hereto. Rubino Engineering,Inc. Page 8 of 8 M, Danliel 101BI 1111111 1111111 ""' ' 1111111 m 1111111 �' 1111111 ���� °°°°� , °°°1111111 '� 11111111 1111111 YEARS EXPERIENCE: 34 m Mr. Crosson leads a staff of 39 engineers and technicians. He is the Project Manager for all construction YEARS WITH CBBEL: 27 m observation and construction inspection projects and oversees CBBEL's Phase III contracts for CDOT, Illinois m Tollway and IDOT. He serves as CBBEUs liaison to Algonquin, Elmwood Park, Glendale Heights,and Lombard. EDUCATION Previously provided Resident Engineering services to numerous public and private sector clients, including Bachelor of Science, 1993 IDOT, Illinois Tollway and the Capital Development Board. Dan served as FEMA Project Officer for Hurricane Civil Engineering, M Katrina and Hurricane Rita Reimbursement,assigned to Austin and East Texas. Construction Management, Illinois Institute of Technology Main Street Bridge Reconstruction over Crystal Creek, Algonquin: Project Manager. Improvements include m the full reconstruction of the concrete structure, superstructure with prestressed concrete deck beams and PROFESSIONAL REGISTRATION m approach pavements. Due to the proximity of the neighboring buildings,drilled shafts were installed instead of m piles. The project also included several decorative items such as pergolas,canopy lighting,decorative archway, Professional Engineer,IL, m raised urns and masonry columns and benches. Also included is 150LF of storm sewer improvements and 200 062.0523777 1998 m LF of watermain improvements. PROFESSIONAL DEVELOPMENT Main Street Reconstruction and Streetscape,Algonquin: Project Manager for S.Main Street between Algonquin IDOT QC/QA Courses: Road (Route 62) and Route 31. Improvements included wet utility replacement, dry utility replacement and 3-Day Aggregate for Mixtures M coordination,and streetscape reconstruction. Streetscape improvements include a 22wide PCC roadway,curb M and sidewalk alterations via bump outs and parking stalls,sidewalk improvements to comply with ADA standards, Level I Portland Cement ADA entrance ramps to buildings, 30,000 SF of decorative pavers, decorative light pole system, masonry seat Concrete walls and columns,custom gas fireplace,decorative tree wells,planter beds,and a large monument sign. Level II Portland Cement m Madison Street Reconstruction and Streetscape,Forest Park and River Forest: Project Manager for Madison Concrete m Street reconstruction and streetscape between Desplaines Avenue and Park Avenue. The third of a mile project Level I Hot Mix As halt m included HMA full depth pavement to accommodate three 11'lanes and two 8'parking lanes. Roadway layout p m also includes 2 planted medians and bump outs to delineate the parking lanes. All sidewalks and driveways Level II Hot Mix Asphalt m were removed and replaced,along with installation of decorative brick pavers within parkways and bump outs. 2 Da Nuclear DensityA decorative light pole system was installed. Also included was the installation of 900 LF of new watermain to Day update Forest Park's existing watermain system. IDOT T2 Documentation M ReviewerTRANSPORTATION M m 1-90 (Jane Addams Tollway) Roadway and Bridge Reconstruction, Widening (Contracts 4206 and 4233), PROFESSIONAL AFFILIATIONS m Illinois Tollway: Project Manager.Reconstruction of 1-90 from Roselle Rd to Higgins Rd consisted of the complete Illinois Road&Transportation m replacement and widening of a 4-mile stretch of both EB and WB 1-90.Improvements included new PCC concrete Builders Association m pavement,subgrade improvements, asphalt shoulders,crash barriers,storm sewer, lighting and electrical,and m structural improvements.Work included construction of a new exit ramp and Toll Plaza at Roselle Road and ITS AWARDS m buildings and gantry foundations for an Active Traffic Management System.Structures included a precast PCC 2013 Recruiter of the Year, m I-beam supported dryland bridge,3 precast concrete double barrel culverts,9 retaining walls,and 11 noise walls. Illinois Road&Transportation Builders Association Retaining Wall,Noise Wall and Drainage Improvements,Illinois Tollway: This project involved construction M of retaining wall, noise walls and drainage improvements along 1-90 from Arlington Height Rd to Oakton St. M The project included performance based retaining walls, which required design review and coordination with Tollway and utilities.As Resident Engineer daily duties included overseeing construction observation activities, coordination with adjacent contracts, facilitating meetings and coordination of materials inspection. Other duties included contract administration and preparation of change orders and pay estimates. m 1-294 Northbound Exit Ramp at Balmoral Avenue: Project Manager for all Phase III services required during the m construction of exit ramp and reconfiguration of existing SB entrance ramp.Supervised the Resident Engineer m and subconsultant's staff. Coordinated all MOT changes on 1-294 and various nighttime lane closures during m the project. Construction was accomplished utilizing staged MOT NB and SB on 1-294. All lane restrictions required on 1-294 to facilitate construction tasks(beam removal and replacement,existing bridge demolition etc.)were restricted to Bpm to 5am. 1-80 Resurfacing(Harlem Avenue to 1-294),IDOT: Project Manager.This project was constructed using ARRA funds,therefore,all documentation and material inspections were completed in accordance with federal guidelines. Project included HMA surface removal,Class D pavement patching,resurfacing with polymerized HMA SMA binder and surface courses, placement of HMA binder and surface(Mix D)for shoulders and ramps, in-laid pre-formed plastic striping,surveillance loops,and all other miscellaneous items necessary to complete the work.Bridge work included deck patching,expansion joint replacement,and sealing of concrete deck.In addition,the ramp from 1-80 - - - -East to 1-57-North included reconstruction of the shoulder,embankment,-and-ramp lighting upgrades. Christopher B.Burke Engineering,Ltd. 19575 W.Higgins Rd.,Ste.600 1_Rosemont,IL 60018 1847.823.0500 1 cbbel.com I dcrosson@cbbel.com Contract R-06-5387, Illinois Tollway: Project Manager for Task sub-base,construction of a new drainage system,new water main and Order contract involving Construction Management services for services, 10" PCC pavement, retaining walls and a bike path. Due to various Phase III projects. Projects completed to date include RR- extensive industrial traffic the project was staged over a 2 year period. 05-5350 Bridge Repairs for Various Structures along the Reagan Retaining Wall Replacement,1-294 North, Illinois Tollway: Project Memorial Tollway (1-88) and RR-06-5465 Reagan Memorial Tollway Manager for removal and replacement of a retaining wall for purpose (1-88) Resurfacing. Ongoing projects include RR-06-9955 Reagan of future widening of 1-294. Proposed retaining wall was a T-Wall Memorial Tollway(1-88)Pavement Marking and 1-05-5369 1-90 and IL System and included a cast-in-place parapet wall. 173 Interchange Construction. Contract R-06-5346, Illinois Tollway: Project Manager/Resident I-PASS Lanes at Plaza 19 (River Road/1-90E), Illinois Tollway: Engineer on a maintenance project involving nine bridges on the Tri- Project Manager for switching of a manual lane to a multi-use State Tollway(1-294).Work included joint repair,bridge deck patching, I-PASS designated lane; as well as switching an automatic lane to barrier wall and noise wall repairs,and latex concrete overlays at NB a car only I-PASS designated lane. Included was the relocation of Electric Ave and SB Butterfield Rd.The overlays utilized staged traffic electrical components in the tunnel,concrete and asphalt pavement in 5 phases,all other work was completed at night between 9:00pm reconstruction, proposed signing,lighting improvements and median and 5:00am. Concrete bridge deck repairs utilized Tollway PP-5 barrier wall modifications including drainage improvements. concrete mixed on site with a 3-hour cure time. Bridge joint repairs Oak Creek Resurfacing, Lombard: Resident Engineer for utilized a partial depth Delcrete system.Contract was awarded Bridge improvements in the Oak Creek Industrial subdivision. Project Contract of the Year-Rehabilitation by Illinois Tollway. Construction included spot curb repairs, point repairs to storm sewers, signal Cost$3,500,000. modifications and reconstruction of intersection at Oak Creek and FAI-90/94 (Dan Ryan Expressway) at 33rd Street, Bridge Tinley Road. Project was completed using MFT funding. Superstructure Replacement, CDOT: Project Manager for Phase III IL Route 58 at IL Route 62 Intersection Improvements, Rolling Services. Project included demolition of the existing deck,structural Meadows: Project Manager. Project consisted of new turn lanes, steel, pier caps and abutments; then installation of reinforced traffic signals and lighting in intersection with ADT of 70,000. Provided concrete abutments, pier caps, structural steel, reinforced concrete coordination with 8 private underground utilities within project limits deck and parapets, lighting and signalization.Work coordinated with and coordination with surrounding businesses. IDOT,CTA and ComEd.Construction cost $6,500,000. I-PASS Lanes at Plaza 29 (1-294N) and Plaza 17 (1-90W), Illinois 2015 Sheridan Road Water Main Improvements Water Main Lining, Tollway: Project Manager for switching of an automatic lane to an I-PASS Evanston: Project Manager for the lining of approx. 1,800 LF of 18" designated lane.Project included relocation of electrical components in water main, installation of approx. 1,800' of 18"ductile iron, 264 LF tunnel, new egress for tunnel, asphalt pavement reconstruction and of 8" ductile iron water, 775 LF of 6"ductile iron water, 26 LF of 36" median barrier wall modifications with drainage improvements. Daily ductile iron water, and 15 LF of 30" ductile iron water main, 15 fire duties included construction observation, coordination of material hydrants and 21 water services between Lincoln St and Emerson St, inspection and documentation of quantities. Other duties included related appurtenances,concrete curb and sidewalk repairs, pavement shop drawing review, contract administration and preparation of patching,HMA street resurfacing,parkway restoration and all materials, change orders,extra work orders and pay estimates for CSE's review. labor,equipment,and incidental work. Terrace View West Improvements, Lombard: Full reconstruction of McLean Blvd(Route 31 to Lancaster Circle);Stearns Road Corridor: 6 blocks of residential streets. Project included several components: Resident Engineer for construction of cast-in-place box culverts, New watermain and new services to all homes;Point repair of sanitary detention pond excavation,embankments,16,000 SY of 10"PCC jointed sewer and new sanitary services to all homes;Complete replacement of pavement,traffic signals(2 each).This contract also involved removal of storm sewer system;Complete reconstruction of 3,800 LF of roadways; an existing 60'timber trestle bridge owned by CNRR,and replacement Extensive landscaping improvements throughout project; Primary with a 120' single span thru girder steel bridge viaduct and the contact with all impacted residents throughout project; and Primary appurtenant retaining walls adjacent to new railroad bridge abutments. contact with grammar school located within project limits. Stearns Road Corridor-Phase I,Wetland Mitigation, KDOT: Project Balmoral Avenue Extension, Rosemont: Project included several Manager for construction of wetlands and detention ponds,as well as components: Re-alignment and widening of existing section of the embankment for proposed roadway and bridge approach.Approx. Balmoral Ave; Westward extension of Balmoral Ave including a 250' contract value is $4.1 million. This included excavation of ponds bridge over Wisconsin-Central RR;Two ramps for access to and from and wetlands with spoil material being used to make the proposed NB Mannheim Rd(US 45);Resurfacing of 5,000'of NB Mannheim Rd; highway embankment. The volume of earth moved was 170,000 Construction of auxiliary lane for merging and re-alignment of existing CY. Also included was the creation of approx. 30 acres of wetland/ ramp from NB Mannheim Rd to 1-190 EB. Project also included compensation storage/detention ponds. drainage improvements, street lighting system and relocation of an existing watermain.Coordination with IDOT City of Chicago and O'Hare 2009-2010 Bond Improvements, Glendale Heights: Project Airport was required due to their participation in funding. Manager for design and delivery of over$9 million dollars of roadway improvementsto various locations throughout the Village.Work included Darmstadt Road Reconstruction, Hillside: Project Manager for full reconstruction,rehabilitation and resurfacing. Due to the retirement of reconstruction of Darmstadt Road between IL 56(Butterfield Rd)and the Public Works Director,CBBEL was relied upon to provide a seamless Wolf Rd. Add lane and signalization improvement of IL 567 High St transition during the Village's recruitment and hiring process. to Taft Ave in Berkley. Realignment and full reconstruction of 4,200 LF of roadway. Required extensive coordination with adjacent Hillside Rohlwing Road Reconstruction, Rolling Meadows: Full bottleneck projects. reconstruction of Rohlwing Rd from Industrial Ave to US 14(Northwest Highway).Project included complete removal of existing pavement and Christopher B.Burke Engineering,Ltd. 19575 W.Higgins Rd.,Ste.600 1 Rosemont,IL 60018 1847.823.0500 1 cbbel.com I dcrosson@cbbel.com 2 of 2 m IIIIIII'' "'""'IIIIIII�' "'""'1111111 IIIIIII IIIIIIIIIII 1111111"' 1111111 IIIIIII Illlld �m Schultz El VV �i a IN IIDIBm IND YEARS EXPERIENCE: 14 m Civil Engineer experienced in the fields of construction engineering, certified IDOT bridge inspection team YEARS WITH CBBEL: 14 m leader and structural engineering design of bridges. Responsible for performing resident engineering duties m including on-site construction observation, documentation of quantities, shop drawing reviews, coordination EDUCATION and/or verified material testing and inspection, review contractor pay requests, preparation of change orders, Master of Science,2004 and interaction with contractor and client. Recent projects included bridge rehabilitation/replacement, Civil Engineering,Structures M roadway projects,sanitary&storm sewer jobs,watermain projects and streetscape improvements. Proficient in Southern Illinois University M documentation requirements for various types of funding including IDOT FAU projects STP,MFT,and TIF Projects. Bachelor of Science,2002 m Civil Engineering,StructuresCONSTRUCTION OBSERVATION m Southern Illinois University m 2018 MFT Construction Engineering Services, Des Plaines: Resident Engineer for the 2018 MFT program m in Des Plaines. The scope of work included sidewalk, curb and gutter, and HMA pavement removal and PROFESSIONAL REGISTRATION m replacement. The project was spread out through all six wards of the City which encompassed several square Engineer Intern,IL, m miles. Also included in the project were CDBG grant funds for ADA sidewalk improvement adjacent to several 061.0307017 2003 schools and park district facilities. Due to the extensive limits of the project,it was critical to keep the Contractor focused on specific locations at certain times to accommodate the affected residents and schools. CERTIFICATIONS M 2018 Capital Improvement Project "D"Alley Reconstruction, Des Plaines: Resident Engineer for the City IDOT Approved Team Leader, of Des Plaines"D"Alley Reconstruction project. The project was a joint collaboration between the City of Des Bridge Inspection, ID:00590; m Plaines and the Metropolitan Water Reclamation District (MWRD) to reconstruct six alleys using permeable National Bridge Inspection m concrete pavement. The alleys were removed to a depth of 20 inches and replaced with a drainage base and Standards(NBIS)Qualified m permeable concrete to provide storm water storage. The project included reprofiling the alleys,additional storm Safety Inspection of In- m sewer,ADA compliant sidewalks,concrete curb and gutter replacement,additional signage and reconstruction Service Bridges, National m of driveway aprons and roadway entrances. An important aspect of the project was to coordinate and inform Highway Institute,FHWA- m the residents,a local church and daycare center of daily activities and construction schedule. Careful planning NHI-130055 m and coordination with the Contractor allowed for all 6 alleys to be constructed concurrently which limited the impact to residents and allowed for the project to be completed on an expedited schedule. Documentation of Contract Quantities, IDOT,17-13119 M 2018 Watermain Replacement Project,Zion: Resident Engineer. Scope included replacement of 950 feet of 8" ductile iron watermain with new fire hydrants, connection to existing watermain, sanitary and storm ACI Concrete Field Testing M sewer replacement,roadway reconstruction,concrete curb and gutter,pavement markings,and ADA compliant Technician-Grade I m sidewalk.Responsibilities included construction observation,documentation of quantities and materials,shop m drawing review and coordination with the City,Contractor and local residents. PROFESSIONAL DEVELOPMENT m 21st Street&29th Street Reconstruction,Zion: Resident Engineer for Federally funded IDOT Contract 61E13 STIP-S33 Soils Field Testing m which included 5,200 linear feet of roadway reconstruction,storm sewer adjustments,concrete curb and gutter with and Inspection Course,IDOT m ADA compliant sidewalks,traffic signal loop detection replacement,pavement markings and landscape restoration. BBS-Bridge Inspection m Services included documentation of all work in accordance with IDOT guidelines using ICORS and Mistic Databases. Refresher Training,IDOT 2017 TIF District Zion: Resident Engineer which included roadway improvements as well as aesthetic M � g Y p M improvements to the Sheridan Road corridor between 24th Street and 30th Street in Downtown Zion. Project PROFESSIONAL AFFILIATIONS included installation of colored stamped concrete,repainting existingtraffic signals and street lighting,installation American Institute of of new decorative benches and trash receptacles,and 6 new decorative street lights were installed which help Steel Construction improve the appearance of the Downtown TIF District.Also included was milling,patching and HMA resurfacing of American Society of the alleys,streets and several City owned parking lots within the limits of TIF District.Curb and gutter repairs,new Civil Engineers m sanitary sewer,thermoplastic pavement markings and new sidewalks with ADA compliant ramps were completed. Tau Beta Pi National Upper Wacker Drive Extension, CDOT: Resident Engineer. Project consisted of rehabilitating 2 spans of Engineering Society m Upper Wacker Drive Bridge and extending the structure 2 spans to the east. Project involved replacement of m concrete deck,structural steel modifications to reinforce existing bridge,installation of mircopiles to strengthen foundations and extending bridge structure 2 spans to the east. New extension of Upper Wacker required addition of 2 structural steel support bents,steel plate girders and wide flange steel beams.Proposed extension will provide access to the entrance and parking garages of the new 93 story high Wanda Vista Tower. New roadway deck incorporates raised planter beds, brick pavers and landscape areas,decorative accent lighting, street lighting as well as providing a roadway turn around and valet parking location.Significant coordination was required between CDOT, the developer, architects and contractors. Full-time construction observation m services included shop drawing review, conducting weekly progress meetings, preparation of change orders, authorizations,material documentation and quantities according to CDOT guidelines. Christopher B.Burke Engineering,Ltd. 19575 W.Higgins Rd.,Ste.600 1_Rosemont,IL 60018 1__847.823.0500 1 cbbel.com I wschultz@cbbel.com South Main Street (Route 14 to Rakow Road) Widening and Fullersburg Flat Bridge,FPDDC: Resident Engineer for construction Resurfacing, Crystal Lake/IDOT/MCDOT: Assistant Resident of a 96'long bridge over Salt Creek.Project included construction of a Engineer for contract to widen and resurface South Main Street and steel beam bridge with timber decking and railing,concrete abutments Virginia Road, and Pyott Road from 3 lanes to 5 lanes. Improvement with a natural limestone facade, reconstruction of approach paths, consisted of installation of approx.3,000'new storm sewers from 48" drainage culverts and transitions to make parking lot ADA accessible. to 12" RCP, appurtenant manholes, catch basins and lateral piping; Duties included pre-construction services, coordination meetings, removal of existing pavement, either full depth and milled; 8,600 on-site construction observation, shop drawing reviews, scheduling cubic yards of earth excavation, 11,000' of new concrete curbs, and testing of excavated soils due to contamination concerns, reviewing placement of over 15,000 tons of HMA base course and surface course pay estimates and coordination with FPD and Contractor. on new roadway profile. Project included traffic signal modernization Course#1 Bridge/Dam,Medinah Country Club: Resident Engineer at 2 intersections and replacement of County interconnect system for construction of a dam and bridge over Meacham Creek located between 3 intersections. Duties included shop drawing review, on the 17th hole of newly reconstructed course#1. Project included coordination with local agency (IDOT and MCDOT), coordination of a 9' high concrete dam and 75' long bridge which were supported contractor operations and scheduling QA testing,materials inspection roach path reconstruction documentation,documentation of quantities using ICORS,preparation on a metal shell pile foundation, approach of change orders,authorizations,and pay estimates using(CORS. and drainage improvements. Duties included on-site construction observation services, coordination with Owner and Contractor, shop Harper Drive Multi-Use Path,Algonquin: Resident Engineer. Project drawing review,documenting quantities,and providing documentation included a 1,500 foot long HMA path with portions supported on 8 foot to DuPage County Building Inspectors. high block walls and a 200 foot long elevated timber boardwalk over Downtown Redevelopment, Lincolnshire: Resident Engineer for a wetland area.Project utilized Federal funding and was documented construction of 2 pedestrian bridges and path improvements over according to IDOT guidelines. Indian Creek in the newly constructed downtown development.Bridges Gabriel Avenue Reconstruction, Zion: Resident Engineer for have spans of up to 125' which are supported on closed concrete reconstruction of Gabriel Ave from 23rd St to 33rd St. Full depth abutments and included accent lighting on bridges and approach pavement removal, sewer improvements and installation of ADA paths. Due to separate contracts and accelerated schedule for site compliant sidewalks and ramps were included. Federally funded development and bridge construction, coordination Village, Bridge project was documented accordingto IDOT requirements using(CORS. Contractor and site General Contractor was critical to ensure work was Coordination between the City and school adjacent to the project was completed on time for the scheduled grand opening. Responsibilities key in keeping the project on time and on budget. included pre-construction meetings,on site construction observation, Marengo Road Culvert, Harvard: Resident Engineer for a Federally shop drawing review of bridge elements and lighting, recording funded project that consisted of removal of a deteriorated concrete quantities and preparation of pay estimates. flat slab bridge and replacement with triple 9'x7' precast concrete box culverts. Mokeler Creek was realigned and steel sheetpile walls BRIDGE PROJECTS were installed.Performed full time construction observation services Balmoral Avenue over Tri-State Tollway(1-294), Rosemont: Project included documentingthe project using ICORS and coordinating utility involved design of a new exit ramp from NB Tri-State Tollway to relocations under the creek. connect Balmoral Ave. Project included widening the Balmoral Ave North Main Street Flood Control,Wheaton: Resident Engineer for a Bridge to accommodate additional traffic and provide dual turn lanes flood control project that included construction of cast in place concrete onto both NB and SB ramps. Responsibilities included preparation of slab bridge and flood walls to convey Winfield Creek under Main St in design plans and specifications for bridge widening which included Downtown Wheaton. The bridge and over 350' of flood walls along 63" pre-stressed bulb T beams, pile supported abutments and piers the creek are supported on metal shell piles and concrete footings. along with design of a vaulted concrete approach slab. Additional items included relocation of watermain in casing under the IL Route 53 Frontage Road Bridges, Rolling Meadows: Project creek, gas main and fiber optic duct relocation, sanitary and storm consisted of replacement of existing bridge decks, substructure sewer improvements, street lighting, concrete approach pavements, repairs and complete replacement of a failed wingwall on the East replacement of HMA roadway, sidewalks, commercial parking lots, in and West Frontage Rd Bridges. Responsibilities included an initial stream channel work to install a concrete channel and stream bank inspection, preparation of a BCR,structural design, reviewing design stabilization. Responsibilities included full time on-site construction plans and assisting the Resident Engineer with shop drawing review. observation, shop drawing review, coordination of contractor's operations with the City, utilities and local businesses, materials Whitehall Avenue Bridge Rehabilitation, Northlake: Project inspection documentation,scheduling QA testing,recording quantities, consisted of complete superstructure replacement of existing bridge preparation of change orders,authorizations,and pay estimates. over Addison Creek. Single span bridge was designed using rolled composite steel beams to provide a deck with three lanes of traffic Naperville Riverwalk: Assisted Resident Engineer with micro- and a 5' wide sidewalk. Responsibilities included performing an pile installation and structural portions of reconstruction west of initial inspection, preparation of a BCR to determine the extent of Washington St. The river walk path was extended under an existing rehabilitation required and review of final design plans.Site visits and bridge and connected to a newly reconstructed plaza. Due to low shop drawing review were also provided to assistthe Resident Engineer. clearances under the bridge, micro-piles were installed to modify the bridge foundation to allow installation of the path in front of the bridge abutments. Duties included performing on-site construction observation for installation of micro-piles to support an existing bridge, retaining walls with formliner fagade along edge of the creek, ramps,stairs and plaza/statue elements. Christopher B.Burke Engineering,Ltd. 19575 W.Higgins Rd.,Ste.600 1 Rosemont,IL 60018 1847.823.0500 1 cbbel.com I wschultz@cbbel.com 2 of 2 CHRISTOPHER B. BURKE ENGINEERING, LTD. GENERAL TERMS AND CONDITIONS 1. Relationship Between Engineer and Client: Christopher B. Burke Engineering, Ltd. (Engineer) shall serve as Client's professional engineer consultant in those phases of the Project to which this Agreement applies. This relationship is that of a buyer and seller of professional services and as such the Engineer is an independent contractor in the performance of this Agreement and it is understood that the parties have not entered into any joint venture or partnership with the other. The Engineer shall not be considered to be the agent of the Client. Nothing contained in this Agreement shall create a contractual relationship with a cause of action in favor of a third party against either the Client or Engineer. Furthermore, causes of action between the parties to this Agreement pertaining to acts of failures to act shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of substantial completion. 2. Responsibility of the Engineer: Engineer will strive to perform services under this Agreement in accordance with generally accepted and currently recognized engineering practices and principles, and in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representation, express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinion, document, or otherwise. Notwithstanding anything to the contrary which may be contained in this Agreement or any other material incorporated herein by reference, or in any Agreement between the Client and any other party concerning the Project, the Engineer shall not have control or be in charge of and shall not be responsible for the means, methods, techniques, sequences or procedures of construction, or the safety, safety precautions or programs of the Client,the construction contractor, other contractors or subcontractors performing any of the work or providing any of the services on the Project. Nor shall the Engineer be responsible for the acts or omissions of the Client, or for the failure of the Client, any architect, engineer, consultant, contractor or subcontractor to carry out their respective responsibilities in accordance with the Project documents, this Agreement or any other agreement concerning the Project. Any provision which purports to amend this provision shall be without effect unless it contains a reference that the content of this condition is expressly amended for the purposes described in such amendment and is signed by the Engineer. 3. Changes: Client reserves the right by written change order or amendment to make changes in requirements, amount of work, or engineering time schedule adjustments, and Engineer and Client shall negotiate appropriate adjustments acceptable to both parties to accommodate any changes, if commercially possible. 4. Suspension of Services: Client may, at any time, by written order to Engineer (Suspension of Services Order) require Engineer to stop all, or any part, of the services required by this Agreement. Upon receipt of such an order, Engineer shall immediately comply with its terms and take all reasonable steps to minimize the costs associated with the services affected by such order. Client, however, shall pay all costs incurred by the suspension, including all costs necessary to maintain continuity and for the 1 resumptions of the services upon expiration of the Suspension of Services Order. Engineer will not be obligated to provide the same personnel employed prior to suspension, when the services are resumed, in the event that the period of suspension is greater than thirty (30) days. 5. Termination: This Agreement may be terminated by either party upon thirty (30) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. This Agreement may be terminated by Client, under the same terms, whenever Client shall determine that termination is in its best interests. Cost of termination, including salaries, overhead and fee, incurred by Engineer either before or after the termination date shall be reimbursed by Client. 6. Documents Delivered to Client: Drawings, specifications, reports,and any other Project Documents prepared by Engineer in connection with any or all of the services furnished hereunder shall be delivered to the Client for the use of the Client. Engineer shall have the right to retain originals of all Project Documents and drawings for its files. Furthermore, it is understood and agreed that the Project Documents such as, but not limited to reports, calculations, drawings, and specifications prepared for the Project, whether in hard copy or machine readable form, are instruments of professional service intended for one-time use in the construction of this Project. These Project Documents are and shall remain the property of the Engineer. The Client may retain copies, including copies stored on magnetic tape or disk, for information and reference in connection with the occupancy and use of the Project. When and if record drawings are to be provided by the Engineer, Client understands that information used in the preparation of record drawings is provided by others and Engineer is not responsible for accuracy, completeness, nor sufficiency of such information. Client also understands that the level of detail illustrated by record drawings will generally be the same as the level of detail illustrated by the design drawing used for project construction. If additional detail is requested by the Client to be included on the record drawings, then the Client understands and agrees that the Engineer will be due additional compensation for additional services. It is also understood and agreed that because of the possibility that information and data delivered in machine readable form may be altered,whether inadvertently or otherwise, the Engineer reserves the right to retain the original tapes/disks and to remove from copies provided to the Client all identification reflecting the involvement of the Engineer in their preparation. The Engineer also reserves the right to retain hard copy originals of all Project Documentation delivered to the Client in machine readable form, which originals shall be referred to and shall govern in the event of any inconsistency between the two. The Client understands that the automated conversion of information and data from the system and format used by the Engineer to an alternate system or format cannot be accomplished without the introduction of inexactitudes, anomalies, and errors. In the event Project Documentation provided to the Client in machine readable form is so converted, the Client agrees to assume all risks associated therewith and, to the fullest 2 extent permitted by law, to hold harmless and indemnify the Engineer from and against all claims, liabilities, losses, damages, and costs, including but not limited to attorney's fees, arising therefrom or in connection therewith. The Client recognizes that changes or modifications to the Engineer's instruments of professional service introduced by anyone other than the Engineer may result in adverse consequences which the Engineer can neither predict nor control. Therefore, and in consideration of the Engineer's agreement to deliver its instruments of professional service in machine readable form, the Client agrees, to the fullest extent permitted by law, to hold harmless and indemnify the Engineer from and against all claims, liabilities, losses, damages, and costs, including but not limited to attorney's fees, arising out of or in any way connected with the modification, misinterpretation, misuse, or reuse by others of the machine readable information and data provided by the Engineer under this Agreement. The foregoing indemnification applies, without limitation, to any use of the Project Documentation on other projects, for additions to this Project, or for completion of this Project by others, excepting only such use as may be authorized, in writing, by the Engineer. 7. Reuse of Documents: All Project Documents including but not limited to reports, opinions of probable costs, drawings and specifications furnished by Engineer pursuant to this Agreement are intended for use on the Project only. They cannot be used by Client or others on extensions of the Project or any other project. Any reuse, without specific written verification or adaptation by Engineer, shall be at Client's sole risk, and Client shall indemnify and hold harmless Engineer from all claims,damages, losses, and expenses including attorney's fees arising out of or resulting therefrom. The Engineer shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Engineer's promotional and professional materials. The Engineer's materials shall not include the Client's confidential and proprietary information if the Client has previously advised the Engineer in writing of the specific information considered by the Client to be confidential and proprietary. 8. Standard of Practice: The Engineer will strive to conduct services under this agreement in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions as of the date of this Agreement. 9. Compliance With Laws: The Engineer will strive to exercise usual and customary professional care in his/her efforts to comply with those laws, codes, ordinance and regulations which are in effect as of the date of this Agreement. With specific respect to prescribed requirements of the Americans with Disabilities Act of 1990 or certified state or local accessibility regulations (ADA), Client understands ADA is a civil rights legislation and that interpretation of ADA is a legal issue and not a design issue and, accordingly, retention of legal counsel (by Client) for purposes of interpretation is advisable. As such and with respect to ADA, Client agrees to waive any action against Engineer, and to indemnify and defend Engineer against any claim arising from Engineer's alleged failure to meet ADA requirements prescribed. 3 Further to the law and code compliance, the Client understands that the Engineer will strive to provide designs in accordance with the prevailing Standards of Practice as previously set forth, but that the Engineer does not warrant that any reviewing agency having jurisdiction will not for its own purposes comment, request changes and/or additions to such designs. In the event such design requests are made by a reviewing agency, but which do not exist in the form of a written regulation, ordinance or other similar document as published by the reviewing agency, then such design changes (at substantial variance from the intended design developed by the Engineer), if effected and incorporated into the project documents by the Engineer, shall be considered as Supplementary Task(s) to the Engineer's Scope of Service and compensated for accordingly. 10. Indemnification: Engineer shall indemnify and hold harmless Client up to the amount of this contract fee(for services)from loss or expense, including reasonable attorney's fees for claims for personal injury(including death)or property damage to the extent caused by the sole negligent act, error or omission of Engineer. Client shall indemnify and hold harmless Engineer under this Agreement, from loss or expense, including reasonable attorney's fees,for claims for personal injuries(including death)or property damage arising out of the sole negligent act, error omission of Client. In the event of joint or concurrent negligence of Engineer and Client, each shall bear that portion of the loss or expense that its share of the joint or concurrent negligence bears to the total negligence (including that of third parties), which caused the personal injury or property damage. Engineer shall not be liable for special, incidental or consequential damages, including, but not limited to loss of profits, revenue, use of capital, claims of customers, cost of purchased or replacement power, or for any other loss of any nature,whether based on contract,tort, negligence, strict liability or otherwise, by reasons of the services rendered under this Agreement. 11. Opinions of Probable Cost: Since Engineer has no control over the cost of labor, materials or equipment, or over the Contractor(s) method of determining process, or over competitive bidding or market conditions, his/her opinions of probable Project Construction Cost provided for herein are to be made on the basis of his/her experience and qualifications and represent his/her judgement as a design professional familiarwith the construction industry, but Engineer cannot and does not guarantee that proposal, bids or the Construction Cost will not vary from opinions of probable construction cost prepared by him/her. If prior to the Bidding or Negotiating Phase, Client wishes greater accuracy as to the Construction Cost, the Client shall employ an independent cost estimator Consultant for the purpose of obtaining a second construction cost opinion independent from Engineer. 12. Governing Law & Dispute Resolutions: This Agreement shall be governed by and construed in accordance with Articles previously set forth by(Item 9 of)this Agreement, together with the laws of the State of Illinois. 4 Any claim, dispute or other matter in question arising out of or related to this Agreement, which can not be mutually resolved by the parties of this Agreement, shall be subject to mediation as a condition precedent to arbitration (if arbitration is agreed upon by the parties of this Agreement) or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Engineer's services, the Engineer may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. The Client and Engineer shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Requests for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 13. Successors and Assigns: The terms of this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns: provided, however, that neither party shall assign this Agreement in whole or in part without the prior written approval of the other. 14. Waiver of Contract Breach: The waiver of one party of any breach of this Agreement or the failure of one party to enforce at any time, or for any period of time, any of the provisions hereof, shall be limited to the particular instance, shall not operate or be deemed to waive any future breaches of this Agreement and shall not be construed to be a waiver of any provision, except for the particular instance. 15. Entire Understanding of Agreement: This Agreement represents and incorporates the entire understanding of the parties hereto, and each party acknowledges that there are no warranties, representations, covenants or understandings of any kind, matter or description whatsoever, made by either party to the other except as expressly set forth herein. Client and the Engineer hereby agree that any purchase orders, invoices, confirmations, acknowledgments or other similar documents executed or delivered with respect to the subject matter hereof that conflict with the terms of the Agreement shall be null, void &without effect to the extent they conflict with the terms of this Agreement. 16. Amendment: This Agreement shall not be subject to amendment unless another instrument is duly executed by duly authorized representatives of each of the parties and entitled "Amendment of Agreement". 5 17. Severability of Invalid Provisions: If any provision of the Agreement shall be held to contravene or to be invalid under the laws of any particular state, county or jurisdiction where used, such contravention shall not invalidate the entire Agreement, but it shall be construed as if not containing the particular provisions held to be invalid in the particular state, country or jurisdiction and the rights or obligations of the parties hereto shall be construed and enforced accordingly. 18. Force Majeure: Neither Client nor Engineer shall be liable for any fault or delay caused by any contingency beyond their control including but not limited to acts of God, wars, strikes,walkouts,fires, natural calamities,or demands or requirements of governmental agencies. 19. Subcontracts: Engineer may subcontract portions of the work, but each subcontractor must be approved by Client in writing. 20. Access and Permits: Client shall arrange for Engineer to enter upon public and private property and obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the Project. Client shall pay costs (including Engineer's employee salaries, overhead and fee) incident to any effort by Engineer toward assisting Client in such access, permits or approvals, if Engineer perform such services. 21. Designation of Authorized Representative: Each party (to this Agreement) shall designate one or more persons to act with authority in its behalf in respect to appropriate aspects of the Project. The persons designated shall review and respond promptly to all communications received from the other party. 22. Notices: Any notice or designation required to be given to either party hereto shall be in writing, and unless receipt of such notice is expressly required by the terms hereof shall be deemed to be effectively served when deposited in the mail with sufficient first class postage affixed, and addressed to the party to whom such notice is directed at such party's place of business or such other address as either party shall hereafter furnish to the other party by written notice as herein provided. 23. Limit of Liability: The Client and the Engineer have discussed the risks, rewards, and benefits of the project and the Engineer's total fee for services. In recognition of the relative risks and benefits of the Project to both the Client and the Engineer, the risks have been allocated such that the Client agrees that to the fullest extent permitted by law, the Engineer's total aggregate liability to the Client for any and all injuries, claims, costs, losses, expenses, damages of any nature whatsoever or claim expenses arising out of this Agreement from any cause or causes, including attorney's fees and costs, and expert witness fees and costs, shall not exceed the total Engineer's fee for professional engineering services rendered on this project as made part of this Agreement. Such causes included but are not limited to the Engineer's negligence, errors, omissions, strict liability or breach of contract. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 6 24. Client's Responsibilities: The Client agrees to provide full information regarding requirements for and about the Project, including a program which shall set forth the Client's objectives, schedule, constraints, criteria, special equipment, systems and site requirements. The Client agrees to furnish and pay for all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services which the Client may require to verify the Contractor's Application for Payment or to ascertain how or for what purpose the Contractor has used the money paid by or on behalf of the Client. The Client agrees to require the Contractor, to the fullest extent permitted by law, to indemnify, hold harmless, and defend the Engineer, its consultants, and the employees and agents of any of them from and against any and all claims, suits, demands, liabilities, losses, damages, and costs ("Losses"), including but not limited to costs of defense, arising in whole or in part out of the negligence of the Contractor, its subcontractors, the officers, employees, agents, and subcontractors of any of them, or anyone for whose acts any of them may be liable, regardless of whether or not such Losses are caused in part by a party indemnified hereunder. Specifically excluded from the foregoing are Losses arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders,designs,or specifications, and the giving of or failure to give directions by the Engineer, its consultants, and the agents and employees of any of them, provided such giving or failure to give is the primary cause of Loss. The Client also agrees to require the Contractor to provide to the Engineer the required certificate of insurance. The Client further agrees to require the Contractor to name the Engineer, its agents and consultants as additional insureds on the Contractor's policy or policies of comprehensive or commercial general liability insurance. Such insurance shall include products and completed operations and contractual liability coverages, shall be primary and noncontributing with any insurance maintained by the Engineer or its agents and consultants, and shall provide that the Engineer be given thirty days, unqualified written notice prior to any cancellation thereof. In the event the foregoing requirements, or any of them, are not established by the Client and met by the Contractor, the Client agrees to indemnify and hold harmless the Engineer, its employees, agents, and consultants from and against any and all Losses which would have been indemnified and insured against by the Contractor, but were not. When Contract Documents prepared under the Scope of Services of this contract require insurance(s) to be provided, obtained and/or otherwise maintained by the Contractor, the Client agrees to be wholly responsible for setting forth any and all such insurance requirements. Furthermore, any document provided for Client review by the Engineer under this Contract related to such insurance(s)shall be considered as sample insurance requirements and not the recommendation of the Engineer. Client agrees to have their own risk management department review any and all insurance requirements for adequacy and to determine specific types of insurance(s) required for the project. Client further agrees that decisions concerning types and amounts of insurance are 7 specific to the project and shall be the product of the Client. As such, any and all insurance requirements made part of Contract Documents prepared by the Engineer are not to be considered the Engineer's recommendation,and the Client shall make the final decision regarding insurance requirements. 25. Information Provided by Others: The Engineer shall indicate to the Client the information needed for rendering of the services of this Agreement. The Client shall provide to the Engineer such information as is available to the Client and the Client's consultants and contractors, and the Engineer shall be entitled to rely upon the accuracy and completeness thereof. The Client recognizes that it is impossible for the Engineer to assure the accuracy, completeness and sufficiency of such information, either because it is impossible to verify, or because of errors or omissions which may have occurred in assembling the information the Client is providing. Accordingly, the Client agrees, to the fullest extent permitted by law,to indemnify and hold the Engineer and the Engineer's subconsultants harmless from any claim, liability or cost (including reasonable attorneys' fees and cost of defense) for injury or loss arising or allegedly arising from errors, omissions or inaccuracies in documents or other information provided by the Client to the Engineer. 26. Pam: 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. The client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause within said thirty (30) day period at the rate of eighteen (18) percent per annum (or the maximum interest rate permitted under applicable law, whichever is the lesser) until paid. Client further agrees to pay Engineer's cost of collection of all amounts due and unpaid after sixty (60) days, including court costs and reasonable attorney's fees, as well as costs attributed to suspension of services accordingly and as follows: Collection Costs. In the event legal action is necessary to enforce the payment provisions of this Agreement, the Engineer shall be entitled to collect from the Client any judgement or settlement sums due, reasonable attorneys'fees, court costs and expenses incurred by the Engineer in connection therewith and, in addition, the reasonable value of the Engineer's time and expenses spent in connection with such collection action, computed at the Engineer's prevailing fee schedule and expense policies. Suspension of Services. If the Client fails to make payments when due or otherwise is in breach of this Agreement, the Engineer may suspend performance of services upon five (5) calendar days' notice to the Client. The Engineer shall have no liability whatsoever to the Client for any costs or damages as a result of such suspension caused by any breach of this Agreement by the Client. Client will reimburse Engineer for all associated costs as previously set forth in (Item 4 of) this Agreement. 27. When construction observation tasks are part of the service to be performed by the Engineer under this Agreement, the Client will include the following clause in the construction contract documents and Client agrees not to modify or delete it: s Kotecki Waiver. Contractor(and any subcontractor into whose subcontract this clause is incorporated)agrees to assume the entire liability for all personal injury claims suffered by its own employees, including without limitation claims under the Illinois Structural Work Act, asserted by persons allegedly injured on the Project; waives any limitation of liability defense based upon the Worker's Compensation Act, court interpretations of said Act or otherwise; and to the fullest extent permitted by law, agrees to indemnify and hold harmless and defend Owner and Engineer and their agents, employees and consultants (the "Indemnitees") from and against all such loss, expense, damage or injury, including reasonable attorneys' fees, that the Indemnitees may sustain as a result of such claims, except to the extent that Illinois law prohibits indemnity for the Indemnitees'own negligence. The Owner and Engineer are designated and recognized as explicit third party beneficiaries of the Kotecki Waiver within the general contract and all subcontracts entered into in furtherance of the general contract. 28. Job Site Safety/Supervision & Construction Observation: The Engineer shall neither have control over or charge of, nor be responsible for,the construction means, methods, techniques, sequences of procedures, or for safety precautions and programs in connection with the Work since they are solely the Contractor's rights and responsibilities. The Client agrees that the Contractor shall supervise and direct the work efficiently with his/her best skill and attention; and that the Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction and safety at the job site. The Client agrees and warrants that this intent shall be carried out in the Client's contract with the Contractor. The Client further agrees that the Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work; and that the Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to all employees on the subject site and all other persons who may be affected thereby. The Engineer shall have no authority to stop the work of the Contractor or the work of any subcontractor on the project. When construction observation services are included in the Scope of Services, the Engineer shall visit the site at intervals appropriate to the stage of the Contractor's operation, or as otherwise agreed to by the Client and the Engineer to: 1) become generally familiar with and to keep the Client informed about the progress and quality of the Work; 2) to strive to bring to the Client's attention defects and deficiencies in the Work and; 3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Engineer shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. If the Client desires more extensive project observation, the Client shall request that such services be provided by the Engineer as Additional and Supplemental Construction Observation Services in accordance with the terms of this Agreement. The Engineer shall not be responsible for any acts or omissions of the Contractor, subcontractor, any entity performing any portions of the Work, or any agents or employees of any of them. The Engineer does not guarantee the performance of the 9 Contractor and shall not be responsible for the Contractor's failure to perform its Work in accordance with the Contract Documents or any applicable laws, codes, rules or regulations. When municipal review services are included in the Scope of Services, the Engineer (acting on behalf of the municipality), when acting in good faith in the discharge of its duties, shall not thereby render itself liable personally and is, to the maximum extent permitted by law, relieved from all liability for any damage that may accrue to persons or property by reason of any act or omission in the discharge of its duties.Any suit brought against the Engineer which involve the acts or omissions performed by it in the enforcement of any provisions of the Client's rules, regulation and/or ordinance shall be defended by the Client until final termination of the proceedings. The Engineer shall be entitled to all defenses and municipal immunities that are, or would be, available to the Client. 29. Insurance and Indemnification: The Engineer and the Client understand and agree that the Client will contractually require the Contractor to defend and indemnify the Engineer and/or any subconsultants from any claims arising from the Work.The Engineer and the Client further understand and agree that the Client will contractually require the Contractor to procure commercial general liability insurance naming the Engineer as an additional named insured with respect to the work. The Contractor shall provide to the Client certificates of insurance evidencing that the contractually required insurance coverage has been procured. However,the Contractor's failure to provide the Client with the requisite certificates of insurance shall not constitute a waiver of this provision by the Engineer. The Client and Engineer waive all rights against each other and against the Contractor and consultants, agents and employees of each of them for damages to the extent covered by property insurance during construction. The Client and Engineer each shall require similar waivers from the Contractor, consultants, agents and persons or entities awarded separate contracts administered under the Client's own forces. 30. Hazardous Materials/Pollutants: Unless otherwise provided by this Agreement, the Engineer and Engineer's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials/pollutants in any form at the Project site, including but not limited to mold/mildew, asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic/hazardous/pollutant type substances. Furthermore, Client understands that the presence of mold/mildew and the like are results of prolonged or repeated exposure to moisture and the lack of corrective action. Client also understands that corrective action is a operation, maintenance and repair activity for which the Engineer is not responsible. June 13, 2005 PAProposals\Terms and Conditions\GT&C 2005.061305.doc 10