Committee of the Whole

CITY COUNCIL COMMITTEE OF THE WHOLE MEETING AGENDA APRIL 8, 2026|6:00 PM CITY COUNCIL CHAMBERS Call to Order Roll Call Approval of Minutes of Previous Meeting – March 25, 2026 Public Comment Items on Both Agendas A. Personnel Scheduling Software from Stationwise, Inc.—Purchase Agreement ($68,770 Over Six-Year Term) Objective: Replace the fire department’s existing scheduling software to improve staffing efficiency, payroll processing and administrative operations. B. Highland Avenue and Lyle Avenue Intersection Roundabout Project—Joint Funding Agreement for Federally Funded Construction with the Illinois Department of Transpor- tation ($242,000) Objective: Establish the cost sharing levels and responsibilities between the state of Illinois and city of Elgin for the construction of the Highland Avenue and Lyle Avenue intersection roundabout project. C. Highland Avenue and Lyle Avenue Intersection Roundabout Project—Illinois Depart- ment of Transportation Local Public Agency Engineering Services Agreement (157,068) Objective: Establish obligations and set fees for the city of Elgin and its construction engi- neering services provider in compliance with federal surface transportation project (STP) funding requirements. Initiatives and Other Items D. Energy Efficiency Outreach and Engagement Grant from Metropolitan Mayors Caucus (MMC)—Agreement Ratification ($22,275 Revenue) Objective: Authorize the acceptance of grant funding to increase participation in energy efficiency programs by providing targeted outreach and education that helps low-income Elgin residents access energy-saving resources. Committee of the Whole Agenda – April 8, 2026 Page 2 E. Mosquito Control Program—Contract (RFP 26-008) ($29,995) Objective: Award a contract to provide mosquito control for properties within the Kane County portions of the city during 2026-28. F. Traffic Signal Maintenance Administration, Inspection and On-Call Engineering Ser- vices—Professional Services Agreement with Hampton, Lenzini and Renwick, Inc., Amendment No. 1 ($95,000) Objective: Provide professional engineering support necessary to manage traffic signal operations and deliver priority traffic and transportation initiatives. G. Auto Collision Repair Services—Contract (RFP 26-009) (Varying Annual Costs) Objective: Provide collision repair service for city vehicles and equipment. H. Gifford Road Lift Station Pump Replacement—Agreement with Flow-Technics ($38,673) Objective: Replace an aging pump at the Gifford Road lift station to ensure efficient move- ment of sanitary water from the lift station to the treatment plant. I. Otter Creek Lift Station Channel Monster Grinder Replacement—Agreement with Flow- Technics ($58,332) Objective: Replace aging equipment at the Otter Creek (Hopps Road) lift station to ensure efficient movement of sanitary water and reduce downtime of pumps at the lift station. Announcements from Council Announcements from Staff Adjournment PLEASE NOTE: The City of Elgin is subject to the requirements of the Americans with Disabilities Act of 1990. Individ- uals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are requested to contact the Human Resources Department at (847) 931-6076 or TT/TDD (847) 931- 5616 promptly to allow the City of Elgin to make reasonable accommodations for those persons. AGENDA ITEM: A MEETING DATE: April 8, 2026 ITEM: Personnel Scheduling Software from Stationwise, Inc.—Purchase Agreement ($68,770 Over Six-Year Term) OBJECTIVE: Replace the fire department’s existing scheduling software to improve staffing efficiency, payroll processing and administrative operations. RECOMMENDATION: Approve the fire department’s purchase of Stationwise personnel scheduling software. Stationwise’s personnel scheduling software will be replacing the fire department’s outdated soft- ware with a modern system that improves staffing efficiency, streamlines payroll processing and reduces administrative workload. The Stationwise software integrates directly with the city’s Naviline payroll system, eliminating manual steps currently required each pay cycle. The current scheduling platform does not provide this level of integration and requires added manual processing. The new system also reduces an- nual costs compared to the current platform, while improving reliability and functionality for daily staffing and overtime tracking. BACKGROUND The fire department has been using its current personnel scheduling software since 2006. While the system has supported daily staffing and payroll reporting functions, it has not kept pace with operational needs and has become increasingly cumbersome to manage. The fire department uses personnel scheduling software every day to ensure minimum staffing levels for emergency response, track benefit time, manage special event vacancies and generate payroll reports. As the current software platforms has aged, limitations in functionality and reli- ability have resulted in added manual processes and redundancy, particularly within payroll prep- aration and reporting. As part of ongoing efforts to modernize departmental technology and improve operational effi- ciency, staff evaluated alternative scheduling solutions and determined the need for a system that better aligns with current operational demands and integrates more effectively with existing city systems. Transitioning to Stationwise provides superior functionality and user experience at a lower annual cost than the current provider. OPERATIONAL ANALYSIS The fire department is currently using Telestaff software to schedule personnel, track benefit time and generate payroll reports for upload into the city’s Naviline system. Over time, the sys- tem has experienced declining reliability and functionality, resulting in added manual steps dur- ing payroll processing and increased administrative workload for the fire, finance and infor- mation technology staff. These limitations also reduce the department’s ability to efficiently manage staffing and respond to daily operational needs. The Stationwise platform replaces these manual processes with an automated system that inte- grates directly with Naviline. This integration eliminates manual data entry and reduces the time to complete payroll processing, while improving accuracy and consistency across departments. The system also enhances scheduling, overtime tracking and real-time staffing adjustments. Stationwise is the only vendor that provides direct integration with the city’s existing payroll sys- tem while meeting the operational requirements of the fire department. This capability, com- bined with improved functionality and lower annual cost, provides a more efficient and sustain- able solution for managing personnel scheduling and payroll processes. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The fire department currently pays $17,338 annually for its existing scheduling software, with costs increasing between three-to-five percent each year. Stationwise is prorating the annual cost for the software for 2026, followed with a fixed annual cost of $11,960 from 2027 through 2031 (no annual increases). The total cost for the nearly six- year agreement is $68,770 and will be using budgeted funds for Telestaff. The Stationwise software purchase reduces the city’s annual personnel software costs and has no annual price increases during the agreement’s almost six-year term. Stationwise’s standard $10,000 implementation fees are being waived as part of the city’s agreement. 2 BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT AMOUNT AMOUNT #(S) BUDGETED AVAILABLE General 010-2801-735.15-07 N/A $8,970 $8,970 LEGAL IMPACT The proposed purchase requires an exception to the procurement ordinance necessitating ap- proval by two-thirds of the city council. ALTERNATIVES The city council may elect not to approve the purchase and direct the fire department to continue using the current scheduling software. NEXT STEPS Execute the agreement with Stationwise and coordinate implementation to transition to the new system. Originators: Robert Cagann, Fire Chief Daniel Rink, Assistant Fire Chief Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Purchase Agreement Between Stationwise, Inc. and the City of Elgin 3 Docusign Envelope ID: 9E50EA32-A4EA-8F99-82D4-7988C1C8E3CE PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this _____ 27 day of _________________ 2026, by and between the City of Elgin, Illinois, a municipal corporation March (hereinafter referred to as "City") and Stationwise, Inc., a Delaware corporation (hereinafter referred to as "Seller"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the Parties hereto hereby agree as follows: 1. PURCHASE. City shall purchase and Seller shall sell and install the goods and/or services to the City as described in the eighteen (18) page proposal, dated March 26, 2026, attached hereto and made a part hereof as Attachment A. 2. TERMS. This Agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A, which is attached hereto and made a part hereof. In the event of any conflict between any of the terms and provisions this Agreement and Attachment A, the terms and provisions of this Agreement shall supersede and control. 3. LAW/VENUE. This Agreement is subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement shall be the Circuit Court of Kane County, Illinois. Seller hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this Agreement or the subject matter hereof; and Seller agrees that service by first class U.S. mail to Stationwise, Inc., c/o registered agent Resident Agents Inc., 8 The Green, Suite R, Dover, DE 19901 shall constitute effective service. The Parties hereto waive any rights to a jury. 4. NO MODIFICATION. There shall be no modification of this Agreement, except in a writing instrument executed by both Parties with the same formalities as the original Agreement. 5. MERGER. This Agreement embodies the whole Agreement of the Parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or Agreements, either verbal, written or implied between the Parties hereto. 6. INTEREST. Seller hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 7. SEVERABILITY. The terms of this Agreement shall be severable. In the event any of the terms or the provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. 8. COMPLIANCE WITH LAW. Notwithstanding any other provision of this Agreement, it is expressly agreed and understood that in connection with the performance of this Agreement, Docusign Envelope ID: 9E50EA32-A4EA-8F99-82D4-7988C1C8E3CE Seller shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety, nondiscrimination and legal status of employees. 9. COUNTERPARTS AND EXECUTION. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same Agreement. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. 10. PAYMENT. City shall pay the total sum of Sixty-Eight Thousand Seven Hundred Seventy Dollars ($68,770.00) as indicated in and according to the payment schedule of Attachment A or within thirty (30) days of delivery or City's receipt of invoice, whichever is later. The aforementioned total sum is inclusive of all freight and shipping costs. The City of Elgin is a tax exempt governmental entity. 11. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary damages in excess of the purchase price contemplated by this Agreement. In no event shall City be liable for any consequential, special or punitive damages, or any damages resulting from loss of profit. 12. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the City upon delivery and installation of the goods. 13. INDEMNIFICATION. To the fullest extent permitted by law, Seller agrees to and shall indemnify, and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits, judgments, costs, attorney’s fees, damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Seller or Seller’s officers, employees, agents or subcontractors in the performance of this Agreement, including but not limited to, all goods delivered or services or work performed hereunder. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify and hold harmless, such action shall be defended by legal counsel of the City’s choosing. 14. WARRANTY. All applicable warranties, including but not limited to any and all applicable manufacturer’s warranties, warranties of merchantability, and warranties of fitness for 2 a particular purpose, are included as part of this Agreement, and shall apply to all goods, accessories, components, and services to the benefit of the City. 15. RELATIONSHIP BETWEEN THE PARTIES. This Agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the Parties hereto. 16. WAIVER. Neither party hereto shall be responsible for any consequential, indirect, Docusign Envelope ID: 9E50EA32-A4EA-8F99-82D4-7988C1C8E3CE punitive or incidental damages for any reason whatsoever. Any delay or failure to enforce any rights by either party arising out of or pursuant to this Agreement shall not constitute, and shall not be construed as, a waiver of any such rights. 17. LIMITATION OF ACTIONS. The Parties hereto agree that any action by the Seller arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. 18. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement. 19. NONDISCRIMINATION. The Seller will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. The Seller will take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the City a written commitment to comply with those provisions. The Seller will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants, prospective job applicants, and subcontractors. The persons signing this Agreement certifies that s/he has been authorized by the Seller to commit the Seller contractually and has been authorized to execute this Agreement on its behalf. IN WITNESS WHEREOF, the Parties have hereto set their hands the day and year first above written. CITY OF ELGIN STATIONWISE, INC. Marcus Edwards _____________________________________ _____________________________________ Richard G. Kozal, City Manager Print Name Attest: _____________________________________ Signature CEO _____________________________________ _____________________________________ City Clerk Title Legal Dept\Agreement\Stationwise Purchase Agr-Scheduling Software-3-25-26.docx 3 Docusign Envelope ID: 9E50EA32-A4EA-8F99-82D4-7988C1C8E3CE Prepared for: Elgin Fire Department Elgin, IL Create Date: 2026-03-26 Contract Start Date: April 1, 2026 Contract End Date: December 31, 2031 Required Items Lite Tier Subscription (Prorated) Price $14,950.00 For Period Between: 4/1/26 - 12/31/26 Discount 20 % Details Multi-year Discount Total $8,970.00 Lite Tier Subscription Price $14,950.00 per year For Period Between: 1/1/27 - 12/31/31 Discount 20 % Includes the following: Scheduling software designed for your unique union rules, including: Staffing lists for overtime hiring Certification requirements Min / max consecutive work hours Cloud-based web app with mobile and tablet friendly design Deploy for strike teams, TIFMAS, etc. Timecard management with employee e-signatures and custom .csv payroll export Conversation and messaging system that tracks read receipts and can send via SMS and/or email 24/7/365 customer support from real people who speak firefighter, with response times of <1 hour. Hiring engine to automate filling vacancies and overtime hiring Core Integrations: 3rd party integrations, including: Incident Reporting (Image Trend, ESO, FirstDue) Payroll (any tool, custom .csv export only) Vacation and shift/position bidding for day and assignment auctions Details Multi-year Discount Contract term 5 year Total $11,960.00 per year Stationwise Inc. Questions? Contact me: 447 Sutter St., Ste. 405 PMB #682 Alissa Letkowski San Francisco, CA 94108 alissa@stationwise.com Page 1 of 2 415-634-4351 Docusign Envelope ID: 9E50EA32-A4EA-8F99-82D4-7988C1C8E3CE Prepared for: Elgin Fire Department Elgin, IL Create Date: 2026-03-26 Contract Start Date: April 1, 2026 Contract End Date: December 31, 2031 Lite Tier Implementation & Training Price $10,000.00 One-time cost covers Stationwise implementation and training Discount 100 % Details Strategic Partnership Discount Total $0.00 Payroll Analytics Price $7,500.00 per year Payroll analytics functionality included for length of initial contract period (Strategic Discount 100 % Partnership offering). Details Strategic Partnership Discount Contract term 5 year Total $0.00 per year Total Amount $68,770.00 One-time subtotal $8,970.00 Recurring subtotal $11,960.00 per year Total Amount $68,770.00 Payment Schedule Due at Signing $8,970 Due annually on Jan 1st (Jan 1, 2027 - Jan 1, 2031 $11,960 Stationwise Inc. Questions? Contact me: 447 Sutter St., Ste. 405 PMB #682 Alissa Letkowski San Francisco, CA 94108 alissa@stationwise.com Page 2 of 2 415-634-4351 Docusign Envelope ID: 9E50EA32-A4EA-8F99-82D4-7988C1C8E3CE Software as a Service Terms and Conditions These Software as a Service Terms and Conditions (“Terms”) constitute a legal agreement between Stationwise, Inc., a Delaware corporation (“Company”), and the customer identified on each applicable SaaS Order Form (“Customer”). Company and Customer are herein referred to individually as a “Party” and collectively as the “Parties”. The Company is willing to make the Subscription Services (as defined below) available to Customer only as set forth in these Terms and each applicable SaaS Order Form. All terms with initial letters that are capitalized herein but which are not otherwise defined herein shall have the meanings set forth in each applicable SaaS Order Form. These Terms, its exhibits and attachments, and each applicable SaaS Order Form are collectively referred to herein as the “Agreement”. 1. ACCESS RIGHTS; SUBSCRIPTION SERVICES; OWNERSHIP 1.1. Right to Access Subject to the terms of this Agreement and any limitations set forth within the Applications (as defined below), Company grants to Customer a nonexclusive, nontransferable, revocable, non- licensable limited right to access and use (the “Access Rights”) its proprietary software as a service offering for fire department scheduling, communications, budgeting, reporting, record storage and related matters, as updated and modified from time to time (the “Subscription `Services”), as set forth in each applicable SaaS Order Form, through certain downloadable software applications or an online web portal as made available by Company from time to time (collectively, the “Applications”), solely during the Term. Customer acknowledges and agrees that Company offers certain access rights and certain features and functionality of the Subscription Services to customers on a differentiated basis, and Company may offer from time- to-time different subscription plans, levels, or packages with respect to such rights, features, and functionality, for example with respect to Customer’s available data storage or with respect to the number and type of Customer’s permitted Authorized Users. Customer’s Access Rights include only the features and functionality set forth in each applicable SaaS Order Form and may be exercised only with respect to the number of Customer fire stations (each a “Battalion” and collectively, the “Battalions”) specified in each applicable SaaS Order Form. Docusign Envelope ID: 9E50EA32-A4EA-8F99-82D4-7988C1C8E3CE 1.2. Users The Subscription Services may be used only by Customer’s Authorized Users. As used herein, an “Authorized User” is (a) an employee or contractor of Customer authorized by Customer to access and use the Subscription Services; or (b) any other individual designated by Customer as an Authorized User and authorized by Customer to access and use the Subscription Services. Authorized Users will have different rights, features, and functionality within the Subscription Services based on the role or type of each such Authorized User (each, a “User Type”), and Customer is solely responsible for assigning and designating each Authorized User to be the appropriate User Type within and as set forth in the Subscription Services. For the avoidance of doubt, Company shall have no liability relating to or arising from the authorization of any individual as an Authorized User or relating to or arising from the designation of any Authorized User as a particular User Type. Customer acknowledges and agrees that it is responsible for all fees incurred in connection with the designation or authorization of Authorized Users by each Administrative User (as defined below), as set forth in each SaaS Order Form. Customer will at all times be responsible for any breach of these Terms by any Authorized User, regardless of whether such action was authorized by Customer or not and regardless of whether or not any Authorized User has separately agreed to any end user license with Company. Any action taken by an Authorized User in connection with the Subscription Services shall be deemed to be an action taken by Customer for purposes of compliance with these Terms. 1.3. Administrative User(s) Company will grant at least one (1) Authorized User administrative control over Customer’s account as provided by and through the administrative portal of the Subscription Services (each, an “Administrative User”), which may include the ability to designate or un-designate individuals to be Authorized Users, set permissions, revoke access, edit certain content uploaded via the Subscription Services, and otherwise configure certain of Customer’s settings within the Subscription Services. 1.4. Technical Requirements Customer and its Authorized Users are responsible for procuring and operating all computer systems, software, and telecommunications services required to meet the minimum technical specifications necessary for Authorized Users to access and use the Subscription Services as they exist from time to time, and Customer or any Authorized User may be unable to access or utilize some or all aspects of the Subscription Services unless such minimum technical specifications are met. Docusign Envelope ID: 9E50EA32-A4EA-8F99-82D4-7988C1C8E3CE 1.5. Ownership The Applications, the Subscription Services, including without limitation all software code related to the foregoing, the Analytics (as defined below), the Documentation, Company Content, all other content and materials that are not Customer Inputs (as defined below) or User Data (as defined below) that appear in the Applications and in the Subscription Services, and all improvements, modifications, derivative works or innovations made to each of the foregoing and all intellectual property rights in each of the foregoing (including all rights associated with particular information that are granted by law and that give the owner, independent of contract, exclusive authority to control use or disclosure of the information, including enforceable privacy rights and any rights in databases recognized by applicable law) are the exclusive property of Company and its licensors, even if such improvements, modifications, derivative works or innovations result from suggestions, enhancement requests, recommendations or other feedback provided by Customer or any Authorized User. Except for the Access Rights expressly granted herein, all rights in and to all of the foregoing are reserved by Company. These Terms do not convey to Customer any rights of ownership or other intellectual property right in, to, or under any Subscription Services. Nothing in these Terms will be deemed to grant to Customer any right to receive a copy of any software underlying the Applications or Subscription Services, in either object or source code form. Company shall own all intellectual property rights related to any feedback, comments, or suggestions Customer or its Authorized Users provide to Company with respect to the Subscription Services, and Customer hereby assigns all such intellectual property rights to Company. 1.6. Analytics As used herein, “Analytics” means information, data, statistics, metadata, inferences, interrelationships, and/or associations generated by or from the Subscription Services, or regarding Customer’s or its Authorized Users’ use of the Subscription Services, including without limitation performance metrics. Company may create, collect, use and disclose Analytics for product improvement and other Company business purposes. Analytics will not identify Customer or any Authorized User as the source of the information or include any Personal Information. 1.7. Suspension Company may suspend Customer’s or any Authorized User’s Access Rights at any time in the event that (a) any payment due to the Company from Customer is more than five (5) business days past due; (b) a reasonable threat to the technical security or technical integrity of the Subscription Services exists, provided that Company promptly recommences performance upon the cessation of the threat; or (c) if Company reasonably determines that Customer or any Authorized User has otherwise violated any of these Terms and provided the Customer with notice thereof and at least ten (10) business days to cure such violation. For the avoidance of Docusign Envelope ID: 9E50EA32-A4EA-8F99-82D4-7988C1C8E3CE doubt, Customer’s obligation to pay the Fees (as defined below) set forth in each applicable SaaS Order Form shall continue in full force and effect during any suspension of access to the Subscription Services under these Terms. Company shall not be liable to Customer, any Authorized User or third party for any suspension of Access Rights under this Agreement. 2. CUSTOMER RESPONSIBILITIES 2.1. Access Credentials Customer will safeguard, and ensure that all Authorized Users safeguard, the devices, computers, and networks used to access the Subscription Services and safeguard all login information, passwords, identity and security protocols, and policies through which Authorized Users access and use the Subscription Services (“Access Credentials”). Customer agrees to: (1) keep its Access Credentials secure and confidential and not to allow any of Customer’s Authorized Users to provide their Access Credentials to anyone else; and (2) not permit any individual who is not an Authorized User from using any Access Credentials. For the avoidance of doubt, Customer may not allow, permit, or authorize the use of any Authorized User’s Access Credentials by more than one individual, and Customer shall ensure that each Authorized User does not share or allow any other individual to utilize such Authorized User’s Access Credentials. Customer will notify Company and will ensure that Authorized Users notify the Company immediately (within 48 hours) if Customer or any Authorized User learns of any unauthorized use of any Access Credentials or any other known or suspected breach of security relevant to the Subscription Services. Company reserves the right, in its sole discretion and without liability to Customer or its Authorized Users, to take any action Company deems necessary or reasonable to ensure the security of the Subscription Services and Customer’s Access Credentials and account, including suspending or terminating Customer’s access or the access of any of Customer’s Authorized Users, changing passwords, or requesting additional information to authorize activities related to Customer’s account. 2.2. Representations Customer represents and warrants that: (a) it has full power and authority to enter into each applicable SaaS Order Form and perform its requirements and obligations set forth in this Agreement; (b) the person signing each applicable SaaS Order Form on Customer’s behalf has been duly authorized and empowered to enter into it and to this Agreement; (c) it has a valid and binding agreement with each Authorized User or with the legal entity that employs each Authorized User, pursuant to which Customer can enforce the compliance of such Authorized User with this Agreement; and (d) that it will perform its obligations and exercise its rights hereunder in conformance with all applicable laws, rules, regulations and guidelines, including, without limitation, those related to privacy and data security. Customer represents that all information Customer or any Authorized User provides to Company through the Applications or Docusign Envelope ID: 9E50EA32-A4EA-8F99-82D4-7988C1C8E3CE otherwise as part of its account registration and at any other time during or after the account registration will be true, accurate, complete, and current and that Customer and each Authorized User will promptly update all such information as necessary such that it is, at all times, true, accurate, complete, and current. 2.3. General Restrictions on Use Customer and each Authorized User shall comply with all applicable laws in its use of the Subscription Services and agrees not to act outside the scope of the rights that are expressly granted by this Agreement. Customer will not, and shall ensure that the Authorized Users will not, (a) make the Subscription Services available to anyone other than the Authorized Users; (b) commercially exploit, sell, resell, license, sublicense, rent, lease, or distribute the Subscription Services or include any Subscription Services or any derivative works thereof in a service bureau or outsourcing offering except as expressly set forth in this Agreement; (c) copy, photograph, or otherwise reproduce any part of the Subscription Services, including any Platform Content, or modify or make derivative works based upon the Subscription Services, including any Platform Content; (d) create internet “links” to the Subscription Services or “frame” or “mirror” any portion of the Subscription Services on any other website, software application, server, or device; (e) access the Subscription Services for purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purposes; (f) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the object code or source code from which any software component underlying the Subscription Services are compiled or interpreted; (g) interfere with or disrupt the integrity or performance of the Subscription Services, the Applications, or the data contained therein or disrupt any servers or networks connected to the Subscription Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Subscription Services; or (h) utilize the Subscription Services in order to (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable law; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful, unsafe, malicious, abusive, or tortious material, including material harmful to children or violative of third party privacy rights; or (iii) send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents or programs or plant malware on Company’s computer systems, those systems of Company’s third party service providers or vendors, or otherwise use the Subscription Services to attempt to upload and/or distribute malware. Customer shall be responsible for Authorized Users’ use of the Subscription Services, including their compliance with the requirements of this Section 2.3, and any action or breach of this Agreement by an Authorized User shall be deemed an action or breach hereof by Customer. Nothing in this Agreement shall be construed to grant Customer any right to obtain or use such object code or source code. Compliance with the restrictions set forth in this Section 2.3 is an essential basis of this Agreement, and Customer agrees to reimburse Company for attorneys’ fees and court costs incurred in connection with any lawsuit brought by Company in which a court or arbitrator finds that Customer or any Authorized Users have breached any provisions of this Section 2.3. Docusign Envelope ID: 9E50EA32-A4EA-8F99-82D4-7988C1C8E3CE 3. PLATFORM CONTENT; CUSTOMER INPUTS; USER DATA 3.1. Platform Content Company may provide certain information, data, and other content on or through the Applications or Subscription Services (“Company Content”). The Services may from time to time include, feature, or link-to information, data, and other content or websites from third parties (collectively, the “Third Party Content” and together with Company Content, the “Platform Content”). IT SHALL BE CUSTOMER’S AND EACH AUTHORIZED USER’S RESPONSIBILITY FOR DETERMINING THE SUITABILITY OF THE SUBSCRIPTION SERVICES AND ANY PLATFORM CONTENT FOR THE USE BY CUSTOMER AND EACH SUCH AUTHORIZED USER. CUSTOMER IS RESPONSIBLE FOR DETERMINING WHETHER ANY PLATFORM CONTENT IS RELEVANT, APPROPRIATE, OR SUFFICIENT FOR CUSTOMER’S PURPOSES. ALL PLATFORM CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND COMPANY MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PLATFORM CONTENT, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ITS COMPLETENESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. 3.2. Customer Inputs; Customer Marks The Subscription Services may include the ability for the Customer and Authorized Users to upload and/or enter certain content, including without limitation data, text, writing, videos, images, photos, audio clips, graphics information, software, code, and any other types of content and including without limitation in connection with any messaging in or through the Subscription Services (collectively, “Customer Inputs”). As between Customer and Company, Customer owns all right, title, and interest in and to the Customer Inputs. Customer hereby grants to Company a non-exclusive, royalty-free license, to access, use, and copy the Customer Inputs as necessary to provide the Subscription Services, including without limitation for troubleshooting purposes, and to create the Analytics. Customer also hereby grants Company a non-exclusive, royalty-free to use and copy Customer’s name, applicable trademarks, and other branding within the Subscription Services and Applications solely in connection with Company’s provision of the Subscription Services to Customer’s Authorized Users. 3.3. User Data The Subscription Services may include functionality that allows certain Authorized Users to directly or indirectly upload and/or enter certain content, including without limitation data, text, writing, videos, images, photos, audio clips, graphics information, software, code, and any other Docusign Envelope ID: 9E50EA32-A4EA-8F99-82D4-7988C1C8E3CE types of content (collectively, “User Data”). As between Customer and Company, Customer owns all right, title, and interest in and to the User Data. Customer hereby grants to Company a non-exclusive, royalty-free license, to access, use, and copy User Data as necessary to provide the Subscription Services, including without limitation for troubleshooting purposes, and to create the Analytics. 3.4. Customer Responsibility for Customer Inputs and User Data As between Company and Customer, Customer is solely responsible for the accuracy and quality of the Customer Inputs and User Data. Customer represents, warrants, and covenants that it has, and will have as required under this Agreement, the legal right, title, interest and authority to provide Company with access to, use of, and license to the Customer Inputs and User Data and such access, use and license will not cause a breach of any third-party agreement, violate any right of a third party, or any applicable law. Without limiting the generality of the foregoing, Customer represents, warrants and covenants that at all times during the Term, it will have provided all notices, and obtained all consents, reasonably necessary for Company to access and use the Customer Inputs and User Data to provide the Subscription Services, and that the Customer Inputs and User Data: a) are provided to Company in accordance with all applicable laws, do not otherwise violate any applicable law, and could not give rise to any civil liability; b) will not and do not infringe any intellectual property rights; c) will not and do not violate the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation; d) will not and do not misrepresent the source of the Customer Inputs or User Data; e) will not and do not misrepresent Customer’s identity in any way; f) will not and do not contain any viruses, Trojan horses, spyware, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; g) will not violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability. Docusign Envelope ID: 9E50EA32-A4EA-8F99-82D4-7988C1C8E3CE 3.5. Monitoring Company has no obligation to monitor any Customer Inputs or User Data. Company does, however, reserve the right to monitor Customer Inputs and User Data and further reserves the rights to remove or refuse to accept, store, post, or display any Customer Input or User Data; to disclose Customer’s name, contact information, and other information to any third party who claims that any Customer Input or User Data violate any rights of a third party; and to terminate or suspend Customer’s or any Authorized User’s access to all or part of the Subscription Services. 3.6. Security of Customer Inputs and User Data Company will implement and maintain physical, technical, and administrative safeguards that are reasonably designed to protect the security, confidentiality, and integrity of the Customer Inputs and User Data. 3.7. Privacy Policy To the extent the Customer Inputs or User Data include any Personal Information, Company and Customer will comply with their respective obligations set forth in the data processing addendum attached as Attachment 1 (the “Data Processing Addendum”). As used herein, “Personal Information” shall have the meaning given to such term in the Data Processing Addendum. 4. FEES AND PAYMENT 4.1. Fees In consideration for the rights granted hereunder, Customer will pay to Company the fees (the “Fees”) as set forth in each applicable SaaS Order Form, and unless otherwise waived by Company, third party vendor expenses and travel expenses that may be incurred during the delivery of the Subscription Services will be charged separately at actual incurred cost subject to Customer's approval. Unless otherwise specified in each applicable SaaS Order Form, all invoices issued by Company will be due and payable net thirty (30) days after Customer’s receipt. All Fees are nonrefundable, except as expressly otherwise set forth herein, and will be paid in U.S. dollars and exclude all applicable sales, use, and other taxes. Docusign Envelope ID: 9E50EA32-A4EA-8F99-82D4-7988C1C8E3CE 4.2. Taxes Unless otherwise stated, the Fees do not include any applicable sales, use, or similar taxes, assessable by any local, state, provincial, federal or foreign jurisdiction, but excluding taxes on Company’s income or assets (collectively, “Taxes”). Customer is responsible, and Company shall have no liability, for paying all Taxes applicable to Customer’s purchases hereunder. If Company elects to pay or collect any such Taxes, the appropriate amount of such Taxes shall be invoiced to and paid by Customer unless Customer provides Company with a valid tax exemption certificate authorized by the appropriate taxing authority. Customer will make all payments to Company free and clear of, and without reduction for, any Taxes. 5. CONFIDENTIALITY 5.1. Confidential Information “Confidential Information” means all information and materials disclosed by or on behalf of a Party (the “Disclosing Party”) to the other Party (the “Receiving Party”), whether orally or in writing, that are designated as confidential, either marked in writing where possible, or identified as such and confirmed in writing, or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information of each Party shall include business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such Party. For the avoidance of doubt, the Subscription Services, the Platform Content, the Analytics, and the Fees constitute Confidential Information of Company, and the Customer Inputs and User Data constitute Confidential Information of Customer. For purposes of this Section 5, disclosure of Confidential Information by or to any Authorized Users shall be deemed disclosure of Confidential Information by or to Customer, as applicable. 5.2. Protection of Confidential Information The Receiving Party will not use any Confidential Information of the Disclosing Party for any purpose not permitted by this Agreement, and will disclose the Confidential Information of the Disclosing Party only to the service providers of the Receiving Party (or if the Receiving Party is Customer, only to the service providers or Authorized Users of Customer) who have a need to know such Confidential Information in connection with this Agreement or the use or operation of the Subscription Services and who are under a duty of confidentiality no less restrictive than the Receiving Party’s duty hereunder. The Receiving Party will protect the Disclosing Party’s Confidential Information from unauthorized use, access, or disclosure in the same manner as the Receiving Party protects its own confidential or proprietary information of a similar nature and with no less than reasonable care. Both Parties acknowledge and agree that the Disclosing Party may be irreparably harmed by any violation of this Section 5 and that the use of the Confidential Information for any purpose other than that stated herein may, among other things, Docusign Envelope ID: 9E50EA32-A4EA-8F99-82D4-7988C1C8E3CE enable the Receiving Party or other third parties receiving such Confidential Information to compete unfairly with the Disclosing Party. Therefore, in the event of a breach or threatened breach, the Disclosing Party shall be entitled, in addition to all other rights and remedies available at law or in equity, to seek (a) an injunction restraining such breach; or (b) a decree for specific performance of the applicable provision of this Agreement. Notwithstanding the termination or expiration of this Agreement, the obligations of the Receiving Party, with respect to the Confidential Information of Disclosing Party, shall be in full force and effect as follows: (i) in the case of any information or materials that constitute a trade secret within the meaning of applicable law, for as long as such information and materials remain as a trade secret, or (ii) in the case of any other information or materials, during the Term and for five (5) years following the termination or expiration of the Term. Customer shall ensure that all Authorized Users adhere to the provisions of this Section 5 and maintain the confidentiality of Company’s Confidential Information. Customer shall be liable for any breach of this Section 5 by an Authorized User. 5.3. Exceptions The Receiving Party’s obligations under this Section 5 will not apply to any portion of the Disclosing Party’s Confidential Information if such information: (a) was already lawfully known to the Receiving Party at the time of disclosure by the Disclosing Party; (b) is disclosed to the Receiving Party by a third party who was not subject to an obligation of confidentiality; (c) is, or through no fault of the Receiving Party has become, generally available to the public; or (d) was independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information. In addition, the Receiving Party will be allowed to disclose Confidential Information of the Disclosing Party to the extent that such disclosure is (i) approved in writing by the Disclosing Party, (ii) necessary for the Receiving Party to enforce its rights under this Agreement in connection with a legal proceeding; or (iii) required by law or by the order of a court or similar judicial or administrative body, provided that the Receiving Party, as permitted by applicable law, rules and regulations, notifies the Disclosing Party of such required disclosure in writing promptly, and cooperates with the Disclosing Party, at the Disclosing Party’s reasonable request and expense, in any lawful action to contest or limit the scope of such required disclosure. 6. DISCLAIMER OF WARRANTIES 6.1. Disclaimer of Warranties COMPANY MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, WHETHER, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION REGARDING THE SUBSCRIPTION SERVICES, OR OTHERWISE WITH RESPECT TO THE SUBJECT MATTER OF THESE TERMS AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES Docusign Envelope ID: 9E50EA32-A4EA-8F99-82D4-7988C1C8E3CE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS AS WELL AS ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. Company shall not be responsible for ensuring and does not represent or warrant that: (i) the Subscription Services will meet Customer's business requirements; (ii) the Subscription Services will be error-free or uninterrupted or that the results obtained from its use will be accurate or reliable; or (iii) all deficiencies in the Subscription Services can be found or corrected. Company will not be responsible for loss or corruption of data, in each case caused by acts within the control of Customer or any Authorized User or otherwise outside of the control of Company. 7. INDEMNIFICATION 7.1. Customer shall defend, indemnify and hold Company and its affiliates and their respective employees, officers, directors, and independent contractors (each a “Company Indemnitee”) harmless from and against all liabilities, losses and damages incurred in connection with claims, suits, or proceedings (each, a “Claim”) (i) made or brought against each such Company Indemnitee by a third party alleging that the Customer Inputs or User Data infringe the intellectual property rights of, or have otherwise damaged, a third party; (ii) Customer’s or any Authorized User’s access to or use of the Subscription Services; or (iii) based on any failure or alleged failure of the Customer or an Authorized User to comply with this Agreement or any applicable law, rule or regulation in connection with its use of the Subscription Services. 7.2. The foregoing indemnification obligations are conditioned on the indemnified party: (a) notifying the Customer promptly in writing of such Claim, (b) reasonably cooperating and assisting in such defense at the Customer’s expense, and (c) giving sole control of the defense and any related settlement negotiations to Customer with the understanding that Customer may not settle any Claim in a manner that admits guilt on the part of the indemnified party, requires any non-indemnified payment by the indemnified party, or otherwise materially prejudices the indemnified party, without the indemnified party’s prior written consent. 8. LIMITATION OF LIABILITY 8.1. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS Docusign Envelope ID: 9E50EA32-A4EA-8F99-82D4-7988C1C8E3CE AGREEMENT OR PROVIDING THE SUBSCRIPTION SERVICES, WHETHER ARISING UNDER STATUTE, CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNTS ACTUALLY PAID BY CUSTOMER AS FEES FOR THE SUBSCRIPTION SERVICES UNDER THE APPLICABLE SAAS ORDER FORM UNDER WHICH THE CLAIM AROSE DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE ON WHICH SUCH CLAIM OR CAUSE OF ACTION AROSE. THE FOREGOING LIMITATIONS ARE CUMULATIVE AND NOT PER INCIDENT AND SHALL APPLY EVEN IF THE NON- BREACHING PARTY’S REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. 8.2. Exclusion of Consequential and Related Damages TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF, DAMAGE TO, OR CORRUPTION OF, DATA, LOSS OF USE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED, WHETHER ARISING UNDER STATUTE, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR WHETHER SUCH DAMAGE WAS FORESEEABLE OR IN THE CONTEMPLATION OF THE PARTIES. The foregoing limitations shall not apply to a Party’s liability arising from confidentiality obligations in Section 5 or the indemnification obligations in Section 7. 9. TERMINATION 9.1. Term This Agreement becomes effective between the Company and Customer upon the date of the last signature to each applicable SaaS Order Form (the “Effective Date”). Unless otherwise set forth in an applicable SaaS Order Form, the term of this Agreement will be for 5 ¾ years commencing on the Effective Date and as indicated in the applicable SaaS Order Form. 9.2. Early Termination This Agreement may be terminated: Docusign Envelope ID: 9E50EA32-A4EA-8F99-82D4-7988C1C8E3CE a) by Company if Customer fails to timely make any payment due hereunder and fails to cure such default within ten (10) business days after receiving notice in writing from Company of such failure; b) by either Party (the “Non-breaching Party”) upon written notice containing an explanation of an alleged material breach to the other Party (the “Breaching Party”), if the Breaching Party materially breaches this Agreement and does not cure the material breach within thirty (30) days after receiving written notice thereof from the Non-breaching Party; c) by either Party for convenience upon thirty (30) days’ prior written notice. 9.3. Termination Upon Bankruptcy or Insolvency Either Party may, at its option, terminate this Agreement immediately upon written notice to the other, in the event (a) that the other Party becomes insolvent or unable to pay its debts when due; (b) the other Party files a petition in bankruptcy, reorganization or similar proceeding, or, if filed against such other Party, such petition is not removed within ninety (90) days after such filing; (c) the other Party discontinues its business; or (d) a receiver is appointed or there is an assignment for the benefit of the other Party’s creditors. 9.4. Destruction of Customer Inputs and User Data Company may destroy any Customer Inputs and User Data in its possession or control at any time after termination or expiration of this Agreement. Customer further agrees that Company shall not be liable to Customer nor to any third party for any such destruction. 9.5. Effect of Termination; Survival Customer’s and each Authorized User’s right to access and use the Subscription Services shall terminate immediately upon the expiration or termination of this Agreement. Termination of this Agreement will not relieve Customer of the obligation to pay any Fees accrued or payable to Company prior to the effective date of termination. Sections 1.6 (Ownership), 1.7 (Analytics), 5 (Confidentiality), 6 (Disclaimer of Warranties), 7 (Indemnification), 8 (Limitation of Liability), 9 (Termination), and 10 (General) shall survive any termination or expiration of this Agreement. Docusign Envelope ID: 9E50EA32-A4EA-8F99-82D4-7988C1C8E3CE 10. GENERAL 10.1. Marketing Company may issue a press release after the Effective Date regarding Customer’s use of the Subscription Services. Customer consents to Company publicly referring to Customer as a customer of Company, including on Company’s website and in sales presentations, and Company’s use of Customer’s logo for such purposes. 10.2. Severability If any provision or portion of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions and portions of this Agreement will remain enforceable and the invalid or unenforceable provision or portion will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. 10.3. Waiver; Remedies Any waiver or failure to enforce this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a Party at law or in equity. 10.4. Notices All notices under this Agreement shall be in writing and given to the other Party at the notice address set forth in each applicable SaaS Order Form. All notices shall be given (i) by delivery in person (ii) by a nationally recognized next day courier service (e.g., FedEx, etc.), (iii) by first class, registered or certified mail, postage prepaid, return receipt requested (iv) by facsimile provided that there is confirmation of receipt, or (v) by electronic mail, provided that there is confirmation of receipt. All notices shall be effective upon receipt by the Party to which notice is given. Each Party may change its address for receipt of notice by giving notice of such change to the other Party. 10.5. Entire Agreement To the maximum extent permitted by applicable law, this Agreement constitutes the entire agreement between the Parties as to its subject matter, and supersedes all previous and contemporaneous agreements, proposals and representations, written or oral, concerning the subject matter of this Agreement. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the Parties Docusign Envelope ID: 9E50EA32-A4EA-8F99-82D4-7988C1C8E3CE prior to the effectiveness of this Agreement except as expressly stated in this Agreement. Customer acknowledges and agrees that its agreement hereunder is not contingent upon the delivery of any future functionality or features not specified this Agreement or dependent upon any oral or written, public or private comments made by Company with respect to future functionality or features for the Subscription Services. In the event of any conflict between the provisions in these Terms and each applicable SaaS Order Form, these Terms shall prevail unless the applicable SaaS Order Form expressly states that it is intended to amend or modify these Terms. 10.6. No Assignment Customer may not assign, subcontract, delegate, or otherwise transfer this Agreement, or Customer’s rights and obligations herein, without obtaining the prior written consent of Company, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. This Agreement will be binding upon the Parties and their respective successors and permitted assigns. 10.7. Force Majeure Any delay in the performance of any duties or obligations of either Party (except the payment of money owed) will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, epidemic, pandemic, or any other event beyond the control of such Party (any of which, a “Force Majeure”), provided that such Party uses reasonable efforts, under the circumstances, to notify the other Party of the cause of such delay and to resume performance as soon as possible. 10.8. Independent Contractors Company's relationship to Customer is that of an independent contractor, and neither Party is an agent or partner of the other. Neither Party will have, and will not represent to any third party that it has, any authority to act on behalf of the other. 10.9. No Third-Party Beneficiaries Except as provided in this Agreement, this Agreement is for the sole benefit of the Parties hereto and their respective successors and permitted assigns, and nothing in this Agreement, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. Docusign Envelope ID: 9E50EA32-A4EA-8F99-82D4-7988C1C8E3CE 10.10. Counterparts; Electronic Signatures This Agreement may be executed in one or more counterparts, each of which will be deemed an original and all of which will be taken together and deemed to be one instrument. A manually or electronically signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of the Agreement. 10.11. Construction The titles of the sections of this Agreement are for convenience of reference only and are not to be considered in construing this Agreement. Unless the context of this Agreement clearly requires otherwise: (i) references to the plural include the singular, the singular the plural, and the part the whole, (ii) "or" has the inclusive meaning frequently identified with the phrase "and/or," (iii) "including" has the inclusive meaning frequently identified with the phrase "including but not limited to" or "including without limitation," and (iv) references to "hereunder," "herein" or "hereof" relate to this Agreement as a whole. Any reference in this Agreement to any statute, rule, regulation or agreement, including this Agreement, shall be deemed to include such statute, rule, regulation or agreement as it may be modified, varied, amended or supplemented from time to time. The Parties agree that this Agreement shall be fairly interpreted in accordance with its terms without any strict construction in favor of or against either Party and that ambiguities shall not be interpreted against the drafting Party. Legal Dept\Agreement\Stationwise Purchase Agr-Scheduling Software-Terms and Conditions-Redlined-3-25-26.docx AGENDA ITEM: B MEETING DATE: April 8, 2026 ITEM: Highland Avenue and Lyle Avenue Intersection Roundabout Project—Joint Funding Agreement for Federally Funded Construction with the Illinois Department of Transportation ($242,000) OBJECTIVE: Establish the cost sharing levels and responsibilities between the state of Illinois and city of Elgin for the construction of the Highland Avenue and Lyle Avenue intersection roundabout project. RECOMMENDATION: Enter into a joint funding agreement for federally funded construction with the Illinois Depart- ment of Transportation. The roundabout construction project at the intersection of Highland Avenue and North Lyle Ave- nue will be replacing the existing, four-way stop intersection with a single-lane roundabout de- signed to improve traffic flow and safety through the intersection. The city secured approximately $1.1 million in federal Surface Transportation Funds (STP) secured through the Kane Kendall Council of Mayors. The Illinois Department of Transportation (IDOT), administers the funds and requires the local agency to enter a “joint funding agreement.” When construction engineering services are finalized, this initiative will commit the city to appropriate the balance of the project costs, currently projected at $279,068. BACKGROUND The intersection of Highland Avenue and Lyle Avenue in 2021 was evaluated for a traffic control signal warrant and an all-way stop warrant using existing counts and crash data. Based on existing volumes, traffic signal warrants were not satisfied. However, the all-way stop warrant was satis- fied by minimum volume criteria and crash data criteria. Two proposed configurations were con- sidered: One as an all-way stop with the addition of left-turn lanes along Highland Avenue and a second configuration as a single lane mini-roundabout. A capacity analysis was also conducted for each configuration that showed both will operate at a satisfactory level of service. After reviewing the all-way stop and mini roundabout alternatives as well as the benefits and drawbacks of each, a mini roundabout was recommended as the best solution for this intersec- tion. The mini-roundabout is designed to increase safety and provide traffic-calming measures by lowering speeds through the intersection. Based on the crash type history, adding turn lanes to Highland Avenue would not improve safety at this intersection. The mini-roundabout alterna- tive also qualified for the local Surface Transportation Program (STP) funding through the Kane Kendall Council of Mayors (KKCOM) in January 2022 and has been awarded a total of $1,088,000. OPERATIONAL ANALYSIS The city regularly seeks federal funding to offset the local burden for the construction of major capital improvements, including roadway improvements. This agreement establishes the cost sharing and responsibilities required by the Illinois Department of Transportation (IDOT) to pro- ceed with construction of the Highland Avenue and Lyle Avenue roundabout project. With fed- eral STP funding being utilized, IDOT requires the city to enter into a joint funding agreement for federally funded construction. The project is currently scheduled to be led by IDOT in April 2026 with construction expected to begin by July 2026. Substantial construction will take place between July and November 2026 with some minor construction items to be completed in spring of 2027. To efficiently and safely construct the improvements, the intersection will be closed for approximately three months. A signed detour will be established to route traffic around the project site. INTERESTED PERSONS CONTACTED Staff conducted a public information meeting in August 2025 with the attendees providing ques- tions, comments and opinions on the proposal. Those submitting questions received written re- sponses to their specific questions along with a project FAQ sheet that encompassed responses to all submitted questions. FINANCIAL ANALYSIS The total project cost is $1,367,068, of which $1,088,000 is being funded using federal Surface Transportation Program (STP) funds secured through the Kane Kendall Council of Mayors. Of that amount, $968,000 will support construction, and $120,000 will offset construction engineering service fees. The city’s total share of the project is $279,068, including $242,000 for construction and $37,068 for construction engineering services, as outlined below: Federal STP Funds City of Elgin Total Construction $968,000 $242,000 $1,210,000 Construction Engineering $120,000 $37,068 $157,068 Total $1,088,000 $279,068 $1,367,068 2 Under the agreement, IDOT will pay construction costs and invoice the city for its $242,000 share. Total construction engineering costs will be paid by the city, with $120,000 reimbursed through federal funding, resulting in a net city cost of $37,068. An engineering services agreement will be presented to city council at a future meeting and will include the construction engineering costs. BUDGET IMPACT FUND ACCOUNT PROJECT # AMOUNT AMOUNT BUDGETED AVAILABLE Capital Improvement 385-0000-795.93-80 385007 $242,000 $242,000 LEGAL IMPACT None. ALTERNATIVES The city council may choose not to authorize the agreement, requiring the city to pay for the project entirely with city funds. NEXT STEPS 1. Execute the BLR 05310C— Joint Funding Agreement for Construction. 2. Submit to IDOT for further processing. Originators: Mike Pubentz, Public Services Director Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Joint Funding Agreement for Federally Funded Construction with the Illinois Department of Transportation (BLR 05310C) 3  SCHEDULE 5 – LPA APPROPRIATION RESOLUTION Please attach the completed/signed LPA Appropriation Resolution Please note: The resolution must be approved prior to, or concurrently with, the execution of this agreement. If BLR 09110 or BLR 09120 are used to appropriate local matching funds, attach these forms to the signature authorization resolution.  Joint Funding Agreement for Federally Funded Construction LOCAL PUBLIC AGENCY Local Public Agency County Section Number City of Elgin Kane 24-00209-00-CH Fund Type ITEP, SRTS, HSIP Number(s) MPO Name MPO TIP Number STU N/A CMAP 09-22-0022 Construction State Job Number Project Number C-91-103-25 U44X(287) Local Let/Day Labor Construction on State Letting Construction Engineering Utilities Railroad Work LOCATION Stationing Local Street/Road Name Key Route Length From To Highland Avenue FAU 1308 0.01 MI 01.05 01.06 Location Termini At Lyle Avenue Current Jurisdiction Existing Structure Number(s) LPA N/A Remove PROJECT DESCRIPTION Converting an all-way stop to a mini roundabout and sidewalk connection to the existing sidewalk on the south side of Highland, east of Lyle. Page 1 of 11 BLR 05310C (Rev. 05/09/24) Local Public Agency Section Number State Job Number Project Number City of Elgin 24-00209-00-CH C9110325 U44X(287) This Agreement is made and entered into between the above local public agency, hereinafter referred to as the "LPA" and the State of Illinois, acting by and through its Department of Transportation, hereinafter referred to as the "STATE". The STATE and LPA jointly proposes to improve the designated location as described in the Location and Project Description sections of this agreement. The improvement shall be constructed in accordance with plans prepared by, or on behalf of the LPA and approved by the STATE using the STATE's policies and procedures approved and/or required by the Federal Highway Administration, hereby referred to as "FHWA". I. GENERAL 1.1 Availability of Appropriation; Sufficiency of Funds. This Agreement is contingent upon and subject to the availability of sufficient funds. The STATE may terminate or suspend this Agreement, in whole or in part, without penalty or further payment being required, if (i) sufficient funds for this Agreement have not been appropriated or otherwise made available to the LPA by the STATE or the federal funding source, (ii) the Governor or STATE reserves funds, or (iii) the Governor or STATE determines that funds will not or may not be available for payment. The STATE shall provide notice, in writing, to LPA of any such funding failure and its election to terminate or suspend this Agreement as soon as practicable. Any suspension or termination pursuant to this Section will be effective upon the date of the written notice unless otherwise indicated. 1.2 Domestic Steel Requirement. Construction of the project will utilize domestic steel as required by Section 106.01 of the current edition of the Standard Specifications for Road and Bridge Construction and federal Build America-Buy America provisions. 1.3 Federal Authorization. That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal-aid participation within one (1) year of the date of execution of this agreement. 1.4 Severability. If any provision of this Agreement is declared invalid, its other provisions shall not be affected thereby. 1.5 Termination. This Agreement may be terminated, in whole or in part, by either Party for any or no reason upon thirty (30) calendar days' prior written notice to the other Party. If terminated by the STATE, the STATE must include the reasons for such termination, the effective date, and, in the case of a partial termination, the portion to be terminated. If the STATE determines in the case of a partial termination that the reduced or modified portion of the funding award will not accomplish the purposes for which the funding award was made, the STATE may terminate the Agreement in its entirety. This Agreement may be terminated, in whole or in part, by the STATE without advance notice: a. Pursuant to a funding failure as provided under Article 1.1. b. If LPA fails to comply with the terms and conditions of this funding award, application or proposal, including any applicable rules or regulations, or has made a false representation in connection with the receipt of this or any award. II. REQUIRED CERTIFICATIONS By execution of this Agreement and the LPA's obligations and services hereunder are hereby made and must be performed in compliance with all applicable federal and State laws, including, without limitation, federal regulations, State administrative rules and any and all license requirements or professional certification provisions. 2.1 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200). The LPA certifies that it shall adhere to the applicable Uniform Administrative Requirements, Cost Principles, and Audit Requirements, which are published in Title 2, Part 200 of the Code of Federal Regulations, and are incorporated herein by reference. 2.2 Compliance with Registration Requirements. LPA certifies that it: (i) is registered with the federal SAM system; (ii) is in good standing with the Illinois Secretary of State, if applicable; (iii) have a valid DUNS Number; (iv) have a valid UEI, if applicable. It is LPA's responsibility to remain current with these registrations and requirements. 2.3 Bribery. The LPA certifies to the best of it's knowledge that it's officials have not been convicted of bribery or attempting to bribe an officer or employee of the state of Illinois, nor made an admission of guilt of such conduct which is a matter of record (30 ILCS 500/50-5). 2.4 Bid Rigging. LPA certifies that it has not been barred from contracting with a unit of state or local government as a result of a violation of Paragraph 33E-3 or 33E-4 of the Criminal Code of 1961 (720 ILCS 5/33E-3 or 720 ILCS 5/33E-4, respectively). 2.5 Debt to State. LPA certifies that neither it, nor its affiliate(s), is/are barred from receiving an Award because the LPA, or its affiliate(s), is/are delinquent in the payment of any debt to the STATE, unless the LPA, or its affiliate(s), has/have entered into a deferred payment plan to pay off the debt, and STATE acknowledges the LPA may declare the Agreement void if the certification is false (30 ILCS 500/50-11). 2.6 Debarment. The LPA certifies to the best of its knowledge and belief that it's officials: a. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; b. have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or Page 2 of 11 BLR 05310C (Rev. 05/09/24) Local Public Agency Section Number State Job Number Project Number City of Elgin 24-00209-00-CH C9110325 U44X(287) commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen property; c. are not presently indicated for or otherwise criminally or civilly charged by a governmental entity (Federal, State, Local) with commission of any of the offenses enumerated in item (b) of this certification; and d. have not within a three-year period preceding the agreement had one or more public transactions (Federal, State, Local) terminated for cause or default. 2.7 Construction of Fixed Works. The LPA certifies that all Programs for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.) unless the provisions of that Act exempt its application. In the construction of the Program, the LPA shall comply with the requirements of the Prevailing Wage Act including, but not limited to, inserting into all contracts for such construction a stipulation to the effect that not less than the prevailing rate of wages as applicable to the Program shall be paid to all laborers, workers, and mechanics performing work under the Award and requiring all bonds of contractors to include a provision as will guarantee the faithful performance of such prevailing wage clause as provided by contract. 2.8 Criminal Convictions. The LPA certifies that neither it nor any managerial agent of LPA has been convicted of a felony under the Sarbanes-Oxley Act of 2002, nor a Class 3 or Class 2 felony under Illinois Securities Law of 1953, or that at least five (5) years have passed since the date of the conviction. The LPA further certifies that it is not barred from receiving an funding award under 30 ILCS 500/50-10.5 and acknowledges that STATE shall declare the Agreement void if this certification is false (30 ILCS 500/50-10.5). 2.9 Improper Influence. The LPA certifies that no funds have been paid or will be paid by or on behalf of the LPA to any person for influencing or attempting to influence an officer or employee of any government agency, a member of Congress or Illinois General Assembly, an officer or employee of Congress or Illinois General Assembly, or an employee of a member of Congress or Illinois General Assembly in connection with the awarding of any agreement, the making of any grant, the making of any loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment or modification of any agreement, grant, loan or cooperative agreement. 31 USC 1352. Additionally, the LPA certifies that it has filed the required certification under the Byrd Anti-Lobbying Amendment (31 USC 1352), if applicable. 2.10 Telecom Prohibition. The LPA certifies that it will comply with Section 889 of the FY 2019 National Defense Authorization Act (NDAA) that prohibits the use of telecommunications or video surveillance equipment or services produced or provided by the following companies: Dahua Technology Company, Hangzhou Hikvision Digital Technology Company, Huawei Technologies Company, Hytera Communications Corporation, and ZTE Corporation. Covered equipment and services cannot be used as substantial or essential component or any system, or as critical technology as part of any system. 2.11 Personal Conflict of Interest - (50 ILCS 105/3, 65 ILCS 5/3.1-55-10, 65 ILCS 5/4-8-6) The LPA certifies that it shall maintain a written code or standard of conduct which shall govern the performance of its employees, officers, board members, or agents engaged in the award and administration of contracts supported by state or federal funds. Such code shall provide that no employee, officer, board member or agent of the LPA may participate in the selection, award, or administration of a contract supported by state or federal funds if a conflict of interest, real or apparent would be involved. Such a conflict would arise when any of the parties set forth below has a financial or other interest in the firm selected for award: a. the employee, officer, board member, or agent; b. any member of his or her immediate family; c. his or her partner; or d. an organization which employs, or is about to employ, any of the above. The conflict of interest restriction for former employees, officers, board members and agents shall apply for one year. The code shall also provide that LPA's employees, officers, board members, or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subcontracts. The STATE may waive the prohibition contained in this subsection, provided that any such present employee, officer, board member, or agent shall not participate in any action by the LPA relating to such contract, subcontract, or arrangement. The code shall also prohibit the officers, employees, board members, or agents of the LPA from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. 2.12 Organizational Conflict of Interest - The LPA certifies that it will also prevent any real or apparent organizational conflict of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third party contract or subcontract may, without some restriction on future activities, result in an unfair competitive advantage to the third party contractor or LPA or impair the objectivity in performing the contract work. 2.13 Accounting System. The LPA certifies that it has an accounting system that provides accurate, current, and complete disclosure of all financial transactions related to each state and federally funded program. Accounting records must contain information Page 3 of 11 BLR 05310C (Rev. 05/09/24) Local Public Agency Section Number State Job Number Project Number City of Elgin 24-00209-00-CH C9110325 U44X(287) pertaining to state and federal pass-through awards, authorizations, obligations, unobligated balances, assets, outlays, and income. To comply with 2 CFR 200.305(b)(7)(i), the LPA shall use reasonable efforts to ensure that funding streams are delineated within LPA's accounting system. See 2 CFR 200.302. III. AUDIT AND RECORD RETENTION 3.1 Single Audits: The LPA shall be subject to the audit requirements contained in the Single Audit Act Amendments of 1996 (31 USC 7501-7507) and Subpart F of 2 CFR Part 200. If, during its fiscal year, LPA expends $750,000 or more in Federal Awards (direct federal and federal pass-through awards combined), LPA must have a single audit or program-specific audit conducted for that year as required by 2 CFR 200.501 and other applicable sections of Subpart F of 2 CFR Part 200. A copy of the audit report must be submitted to the STATE (IDOT's Financial Review & Investigations Section, Room 126, 2300 South Dirksen Parkway, Springfield, Illinois, 62764) within 30 days after the completion of the audit, but no later than one year after the end of the LPA's fiscal year. Assistance Listing number (formally known as the Catalog of Federal Domestic Assistance (CFDA) number) for all highway planning and construction activities is 20.205. Federal funds utilized for construction activities on projects let and awarded by the STATE (federal amounts shown as “Participating Construction” on Schedule 2) are not included in a LPA's calculation of federal funds expended by the LPA for Single Audit purposes. 3.2 STATE Audits: The STATE may, at its sole discretion and at its own expense, perform a final audit of the Project (30 ILCS 5, the Illinois State Auding Act). Such audit may be used for settlement of the Project expenses and for Project closeout purposes. The LPA agrees to implement any audit findings contained in the STATE's authorized inspection or review, final audit, the STATE's independent audit, or as a result of any duly authorized inspection or review. 3.3 Record Retention. The LPA shall maintain for three (3) years from the date of final project closeout by the STATE, adequate books, records, and supporting documents to verify the amounts, recipient, and uses of all disbursements of funds passing in conjunction with this contract. adequate to comply with 2 CFR 200.334. If any litigation, claim or audit is started before the expiration of the retention period, the records must be retained until all litigation, claims or audit exceptions involving the records have been resolved and final action taken. 3.4 Accessibility of Records. The LPA shall permit, and shall require its contractors and auditors to permit, the STATE, and any authorized agent of the STATE, to inspect all work, materials, payrolls, audit working papers, and other data and records pertaining to the Project; and to audit the books, records, and accounts of the LPA with regard to the Project. The LPA in compliance with 2 CFR 200.337 shall make books, records, related papers, supporting documentation and personnel relevant to this Agreement available to authorized STATE representatives, the Illinois Auditor General, Illinois Attorney General, any Executive Inspector General, the STATE's Inspector General, federal authorities, any person identified in 2 CFR 200.337, and any other person as may be authorized by the STATE (including auditors), by the state of Illinois or by federal statute. The LPA shall cooperate fully in any such audit or inquiry. 3.5 Failure to maintain the books and records. Failure to maintain the books, records and supporting documents required by this section shall establish presumption in favor of the STATE for recovery of any funds paid by the STATE under the terms of this contract. IV. LPA FISCAL RESPONSIBILITIES 4.1 To provide all initial funding and payment for construction engineering, utility, and railroad work 4.2 LPA Appropriation Requirement. By execution of this Agreement the LPA attests that sufficient moneys have been appropriated or reserved by resolution or ordinance to fund the LPA share of project costs. A copy of the authorizing resolution or ordinance is attached as Schedule 5. 4.3 Reimbursement Requests: For reimbursement requests the LPA will submit supporting documentation with each invoice. Supporting documentation is defined as verification of payment, certified time sheets or summaries, vendor invoices, vendor receipts, cost plus fix fee invoice, progress report, personnel and direct cost summaries, and other documentation supporting the requested reimbursement amount (Form BLR 05621 should be used for consultant invoicing purposes). LPA invoice requests to the STATE will be submitted with sequential invoice numbers by project. 4.4 Financial Integrity Review and Evaluation (FIRE) program: LPA's and the STATE must justify continued federal funding on inactive projects. 23 CFR 630.106(a)(5) defines an inactive project as a project which no expenditures have been charged against Federal funds for the past twelve (12) months. To keep projects active, invoicing must occur a minimum of one time within any given twelve (12) month period. However, to ensure adequate processing time, the first invoice shall be submitted to the STATE within six (6) months of the federal authorization date. Subsequent invoices will be submitted in intervals not to exceed six (6) months. 4.5 Final Invoice: The LPA will submit to the STATE a complete and detailed final invoice with applicable supporting documentation of all incurred costs, less previous payments, no later than twelve (12) months from the date of completion of work or from the date of the previous invoice, whichever occurs first. If a final invoice is not received within this time frame, the most recent invoice Page 4 of 11 BLR 05310C (Rev. 05/09/24) Local Public Agency Section Number State Job Number Project Number City of Elgin 24-00209-00-CH C9110325 U44X(287) may be considered the final invoice and the obligation of the funds closed. Form BLR 05613 (Engineering Payment Record) is required to be submitted with the final invoice for engineering projects. 4.6 Project Closeout: The LPA shall provide the final report to the appropriate STATE district office within twelve (12) months of the physical completion date of the project so that the report may be audited and approved for payment. If the deadline cannot be met, a written explanation must be provided to the district prior to the end of the twelve (12) months documenting the reason and the new anticipated date of completion. If the extended deadline is not met, this process must be repeated until the project is closed. Failure to follow this process may result In the immediate close-out of the project and loss of further funding. 4.7 Project End Date: The period of performance (end date) for state and federal obligation purposes is five (5) years for projects under $1,000,000 or seven (7) years for projects over $1,000,000 from the execution date of the agreement. Requests for time extensions and joint agreement amendments must be received and approved prior to expiration of the project end date. Failure to extend the end date may result in the immediate close-out of the project and loss of further funding. V. THE LPA AGREES 5.1 To acquire in its name, or in the name of the STATE if on the STATE highway system, all right-of-way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established State policies and procedures. Prior to advertising for bids, the LPA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be cooperatively determined by representatives of the LPA, the STATE, and the FHWA if required. 5.2 To provide for all utility adjustments and to regulate the use of the right-of-way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy for Local Public Agency Highway and Street Systems. 5.3 To provide on-site engineering supervision and inspection during construction of the proposed improvement. 5.4 To retain jurisdiction of the completed improvement unless specified otherwise by schedule (schedule should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, a jurisdictional schedule is required. 5.5 To maintain or cause to be maintained the completed improvement (or that portion within its jurisdiction as established by schedule) in a manner satisfactory to the STATE and the FHWA. 5.6 To provide if required, for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of the proposed improvement. 5.7 To regulate parking and traffic in accordance with the approved project report. 5.8 To regulate encroachments on public rights-of-way in accordance with current Illinois Compiled Statutes. 5.9 To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with the current Illinois Compiled Statutes. 5.10 For contracts awarded by the LPA, the LPA shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any USDOT - assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LPA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT - assisted contracts. The LPA's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this agreement. Upon notification to the recipient of its failure to carry out its approved program, the STATE may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S. C 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C 3801 et seq.). In the absence of a USDOT - approved LPA DBE Program or on STATE awarded contracts, this agreement shall be administered under the provisions of the STATE'S USDOT approved Disadvantaged Business Enterprise Program. 5.12 That execution of this agreement constitutes the LPA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. VI. THE STATE AGREES 6.1 To provide such guidance, assistance, and supervision to monitor and perform audits to the extent necessary to assure validity of the LPA's certification of compliance with Title II and III Requirements. 6.2 To receive bids for construction of the proposed improvement when the plans have been approved by the STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement after receipt of a satisfactory bid. 6.3 To provide all initial funding and payments to the contractor for construction work let by the STATE. The LPA will be invoiced for their share of contract costs per the method of payment selected under Method of Financing based on the Division of Costs shown on Schedule 2. Page 5 of 11 BLR 05310C (Rev. 05/09/24) Local Public Agency Section Number State Job Number Project Number City of Elgin 24-00209-00-CH C9110325 U44X(287) 6.4 For agreements with federal and/or state funds in local let/day labor construction, construction engineering, utility work and/or railroad work: a. To reimburse the LPA for federal and/or state share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payments by the LPA; b. To provide independent assurance sampling and furnish off-site material inspection and testing at sources normally visited by STATE inspectors for steel, cement, aggregate, structural steel, and other materials customarily tested by the STATE. SCHEDULES Additional information and/or stipulations are hereby attached and identified below as being a part of this agreement. 1. Division of Cost 2. Location Map 3. Risk Assessment 4. Attestations 5. Resolution* *Appropriation and signature authority resolution must be in effect on, or prior to, the execution date of the agreement. Page 6 of 11 BLR 05310C (Rev. 05/09/24) Local Public Agency Section Number State Job Number Project Number City of Elgin 24-00209-00-CH C9110325 U44X(287) AGREEMENT SIGNATURES EXECUTION The LPA agrees to accept and comply with the applicable provision set forth in this agreement including attached schedules. APPROVED Local Public Agency Name of Official (Print or Type Name) David J. Kaptain Title of Official Mayor Signature Date The above signature certifies the agency's TIN number is 366005862 conducting business as a Governmental Entity. DUNS Number 010224772 UEI NX1VYN6MFXU9 APPROVED State of Illinois Department of Transportation Omer Osman, P.E., Secretary of Transportation Date By: George A. Tapas, P.E., S.E., Engineer of Local Roads & Streets Date Stephen M. Travia, P.E., Director of Highways PI/Chief Engineer Date Michael Prater, Chief Counsel Date Vicki Wilson, Chief Fiscal Officer Date NOTE: A resolution authorizing the local official (or their delegate) to execute this agreement and appropriation of local funds is required and attached as Schedule 5. The resolution must be approved prior to, or concurrently with, the execution of this agreement. If BLR 09110 or BLR 09120 are used to appropriate local matching funds, attach these forms to the signature authorization resolution. Please check this box to open a fillable Resolution form within this form. Page 7 of 11 BLR 05310C (Rev. 05/09/24)  SCHEDULE NUMBER 1 Local Public Agency County Section Number State Job Number Project Number City of Elgin Kane 24-00209-00-CH C-91-103-25 U44X(287) DIVISION OF COST Federal Funds State Funds Local Public Agency Type of Work Fund Type Amount % Fund Type Amount % Fund Type Amount % Totals Participating Construction STU $968,000.00 * Local $242,000.00 BAL $1,210,000.00 Construction Engineering STU $120,000.00 * Local $37,068.00 BAL $157,068.00 Total $1,088,000.00 Total Total $279,068.00 $1,367,068.00 If funding is not a percentage of the total place an asterisk (*) in the space provided for the percentage and explain below: *Maximum FHWA (STU) participation 80%, NTE $1,088,000 (Construction Engineering portion 80%, NTE $120,000) NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LPA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursement. METHOD OF FINANCING - (State-Let Contract Work Only) Check One METHOD A - Lump Sum (80% of LPA Obligation ) Lump Sum Payment - Upon award of the contract for this improvement, the LPA will pay the STATE within thirty (30) calendar days of billing, in lump sum, an amount equal to 80% of the LPA's estimated obligation incurred under this agreement. The LPA will pay to the STATE the remainder of the LPA's obligation (including any nonparticipating costs) in a lump sum within thirty (30) calendar days of billing in a lump sum, upon completion of the project based on final costs. METHOD B - Monthly Payments of due by the of each successive month. Monthly Payments - Upon award of the contract for this improvement, the LPA will pay to the STATE a specified amount each month for an estimated period of months, or until 80% of the LPA's estimated obligation under the provisions of the agreement has been paid. The LPA will pay to the STATE the remainder of the LPA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. METHOD C - LPA's Share Balance divided by estimated total cost multiplied by actual progress payment. Progress Payments - Upon receipt of the contractor's first and subsequent progressive bills for this improvement, the LPA will pay to the STATE within thirty (30) calendar days of receipt, an amount equal to the LPA's share of the construction cost divided by the estimated total cost multiplied by the actual payment (appropriately adjust for nonparticipating costs) made to the contractor until the entire obligation incurred under this agreement has been paid. Page 8 of 11 BLR 05310C (Rev. 05/09/24)  Project Location 0 1 inch = 2,000 feet 500 1,000 2,000 Topographic Map: USGS Topographic 2024, 24K USGS Quadrangle: Elgin Figure 1 Feet Project Area Highland Avenue and Lyle m 72 68 62 Avenue Intersection 20 90 25 58 Improvement 47 20 59 Location Map Scale: 1:24,000 N 0 2.5 5 Miles Hampton, Lenzini and Renwick, Inc. Civil & Structural Engineers • Land Surveyors • Environmental Specialists ELGIN • CRYSTAL LAKE• SPRINGFIELD • MT. CARMEL Illinois State Geological Survey, USGS (TopoView), US Census, IDOT www.hlrengineering.com  SCHEDULE NUMBER 3 Local Public Agency Section Number County State Job Number Project Number City of Elgin 24-00209-00-CH Kane LRS Federal Funds RISK ASSESSMENT Risk Factor Description Definition of Scale (time frames are based on LPA fiscal year) Points Have there been any changes in key organizational staff or 0 points - no significant changes in the last 4 or more years; 1 point - minor changes, leadership, such as Fiscal and Administrative Management, but majority of key staff and officials have not changed in the last 4 years; 2 points - 0 Transportation Related Program/Project Management, and/ significant key staff or elected leadership changes within the last 3 years; 3 points - or Elected Officials? significant key staff and elected leadership changes within the last 3 years What is the LPA's history with federal-aid funded 0 points - One or more federal-aid funded transportation projects initiated per year; 1 General History of transportation projects? point - At least one project initiated within the past three years; 2 points - AT least one 0 Performance project initiated within the past 5 years; 3 points - None or more than 5 years Does LPA have qualified technical staff with experience 0 points - Full-time employee with experience designated as being in "responsible managing federal-aid funded transportations through IDOT? charge"; 1 point - LPA has qualified technical staff, but will be utilizing an engineering consultant to manage day-to-day with LPA technical staff oversight; 2 points - LPA has 0 no technical staff and all technical work will be completed by consultant, but LPA staff has prior experience with federal-aid projects; 3 points - LPA staff have no prior experience or technical expertise and relying solely on consultant Has the LPA been untimely in submitting invoicing, reporting 0 points - No; 1 point - Delays of 6 or more months; 2 points - Delays of up to 1 year; on federal-aid projects as required in 2 CFR 200, and or 3 points - 1 year or more years of delay 0 audits as required? Are the annual financial statements prepared in accordance 0 points - yes; 3 points - no with Generally Accepted Accounting Principles or on a basis 0 acceptable by the regulatory agency? What is the LPA's accounting system? 0 points - Automated accounting software; 1 point - Spreadsheets; 2 points - paper Financial Controls 0 only; 3 points - none Does the organization have written policies and procedures 0 points - yes; 3 points - no regarding proper segregation of duties for fiscal activities that include but are not limited to: a) authorization of 0 transactions; b) recordkeeping for receipts and payments; and c) cash management? When was the last time a financial statement audit was 0 points - in the past year; 1 point - in the past two years; 2 points - in the past three 0 conducted? years; 3 points - 4 years or more, or never What type of financial statement audit has the organization 0 points - Single Audit/Program Specific Audit in accordance with 2 CFR 200.501 or had conducted? Financial audit conducted in accordance with Generally Accepted Auditing Standards or Audits 0 Generally Accepted Government Auditing Standards; 1 point - Financial review?; 2 points Other type? or no audit required; 3 points - none Did the most recent audit disclose findings considered to be 0 points - no; 3 points - yes, or no audits required 0 significant deficiencies or material weaknesses? Have the findings been resolved? 0 points - yes or no findings; 1 point - in progress; 3 points - no 0 Summary of Risk District Review Signature & Date Central Office Review Signature & Date General History of Performance 0 Digitally signed by Fely Gregorio Digitally signed by Teresa Cline Financial Controls 0 Fely Gregorio Date: 2026.01.13 10:03:02 -06'00' Teresa Cline Date: 2026.01.30 10:45:09 -06'00' Audits 0 Total 0 Additional Requirements? Yes No Page 9 of 11 BLR 05310C (Rev. 05/09/24) Local Public Agency Section Number State Job Number Project Number City of Elgin 24-00209-00-CH C9110325 U44X(287) SCHEDULE NUMBER 4 Attestation on Single Audit Compliance 1. In the prior fiscal year, did City of Elgin expend more than $750,000 in federal funds in aggregate from all LPA federal sources? Yes No 2. Does the City of Elgin anticipate expending more than $750,000 in federal funds in aggregate from all LPA federal sources in the current City of Elgin fiscal year? LPA Yes No If answers to question 1 and 2 are no, please proceed to the signature section. If answer to question 1 is yes, please answer question 3a. If answer to question 2 is yes, please answer question 3b. 3. A single audit must be conducted in accordance with Subpart F of 2 CFR 200 if $750,000 or more in federal funds are expended in a single fiscal year. a. Has the City of Elgin performed a single audit for their previous fiscal year? LPA Yes No i. If yes, has the audit be filed with the Illinois Office of the Comptroller in accordance with 50 ILCS 310 (see also 55 ILCS 5 & 65 ILCS 5 & 60 ILCS 1/80)? Yes No b. For the current fiscal year, does the City of Elgin intend to comply with Subpart F of 2 CFR 200? LPA Yes No By completing this attestation, I certify that I have authority to sign this attestation on behalf of the LPA; and that the foregoing information is correct and complete to the best of my knowledge and belief. Name Title LPA Mike Pubentz, PE Public Services Director City of Elgin Signature & Date 01/08/26 Page 10 of 10 BLR 05310C (Rev. 05/09/24) AGENDA ITEM: C MEETING DATE: April 8, 2026 ITEM: Highland Avenue and Lyle Avenue Intersection Roundabout Project—Illinois Department of Transportation Local Public Agency Engineering Services Agreement ($157,068) OBJECTIVE: Establish obligations and set fees for the city of Elgin and its construction engineering services provider in compliance with federal surface transportation project (STP) funding requirements. RECOMMENDATION: Enter into a Local Public Agency Engineering Services Agreement with the Hampton, Lenzini and Renwick, Inc. for the Highland Avenue and Lyle Avenue intersection roundabout construction engineering services. The city secured approximately $1.1 million in federal Surface Transportation Funds (STP) through the Kane Kendall Council of Mayors for the construction and engineering services associated with the Highland Avenue and Lyle Avenue intersection roundabout project. As a condition of the fund- ing, the Illinois Department of Transportation (IDOT) requires the local agency and selected engi- neering consultant to agree to certain performance obligations associated with the use of federal STP funding. This agreement authorizes the city’s engineering consultant, Hampton, Lenzini & Renwick, Inc. (HLR), to provide field inspections, design interpretation, contract administration, and project coordination to ensure the timely and proper completion of the work located within the project area. BACKGROUND The intersection of Highland Avenue and Lyle Avenue in 2021 was evaluated for a traffic control signal warrant and an all-way stop warrant using existing counts and crash data. Based on existing volumes, traffic signal warrants were not satisfied. However, the all-way stop warrant was satis- fied by minimum volume criteria and crash data criteria. Two proposed configurations were eval- uated. One as an all-way stop with the addition of left-turn lanes along Highland Avenue and a second configuration as a single lane mini-roundabout. A capacity analysis was also conducted for each configuration which showed both would operate at a satisfactory level of service. After reviewing the all-way stop and mini roundabout alternatives as well as the benefits and drawbacks of each, a mini roundabout was recommended as the best solution for this intersec- tion. The mini-roundabout is designed to increase safety and provide traffic-calming measures by lowering speeds through the intersection. Based on the crash type history, adding turn lanes to Highland Avenue would not improve safety at this intersection. The mini-roundabout alterna- tive also qualified for the local Surface Transportation Program (STP) funding through the Kane Kendall Council of Mayors (KKCOM) in January 2022 and has been awarded a total of $1,088,000. OPERATIONAL ANALYSIS The city regularly seeks federal funding to offset local costs for the construction of major capital improvements, including roadway improvements. This agreement identifies cost sharing levels and responsibilities between the State of Illinois, the city of Elgin and Hampton, Lenzini & Ren- wick, Inc. (HLR) for construction engineering services provided in support of the construction of the Highland Avenue and Lyle Avenue intersection roundabout project. Due to the funds being utilized and the scope of the construction projects, the Illinois Department of Transportation (IDOT) requires that the city utilizes the BLR 05530 – Local Public Agency Engineering Services Agreement form, an IDOT document, to form the construction engineering services agreement. This form replaces the city’s standard agreement form, and its use has been approved by the city’s legal department. The project is currently scheduled to be let by the Illinois Department of Transportation (IDOT) in April 2026 with construction expected to begin by July 2026. Substantial construction will take place between July and November 2026 with some minor construction items to be completed in spring of 2027. INTERESTED PERSONS CONTACTED Staff conducted a public information meeting in August 2025 with the attendees providing ques- tions, comments and opinions on the proposal. Those submitting questions received written re- sponses to their specific questions along with a project FAQ sheet that encompassed responses to all submitted questions. FINANCIAL ANALYSIS The total project cost is $1,367,068, of which $1,088,000 is funded through federal Surface Trans- portation Program (STP) funds secured through the Kane Kendall Council of Mayors. Of that amount, $968,000 supports construction and $120,000 offsets construction engineering services. With STP funding being utilized for this project, IDOT requires that the city uses the BLR 05530— Local Public Agency Engineering Services Agreement. The agreement identifies the performance obligations associated with the use of federal STP funding for both the city and HLR. The amounts 2 of federal funding that will be used for construction and construction engineering services are summarized in the following table: Federal STP Funds City of Elgin Total Construction $968,000 $242,000 $1,210,000 Construction Engineering $120,000 $37,068 $157,068 Total $1,088,000 $279,068 $1,367,068 The total cost for construction engineering services is $157,068, of which $120,000 (approxi- mately 80%) is reimbursed through federal funding, resulting in a net city cost of $37,068. Total construction engineering costs will be paid by the city and reimbursed through IDOT for the fed- eral share. BUDGET IMPACT FUND ACCOUNT PROJECT # AMOUNT AMOUNT BUDGETED AVAILABLE Capital Improvement 385-0000-795.30-03 385007 $157,068 $157,068 LEGAL IMPACT Approval of this agreement requires an exception to the procurement ordinance, requiring ap- proval by two-thirds of the city council. ALTERNATIVES The city council may choose not to authorize the agreement, requiring the city to pay for the project entirely with city funds. NEXT STEPS 1. Execute the BLR 05530— Local Public Agency Engineering Services Agreement. 2. Submit to IDOT for further processing. Originators: Mike Pubentz, Public Services Director Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager 3 ATTACHMENTS A. Local Public Agency Engineering Services Agreement with the Illinois Department of Trans- portation (BLR 05530) 4 AGENDA ITEM: D MEETING DATE: April 8, 2026 ITEM: Energy Efficiency Outreach and Engagement Grant from Metropolitan Mayors Caucus (MMC)— Agreement Ratification ($22,275 Revenue) OBJECTIVE: Authorize the acceptance of grant funding to increase participation in energy efficiency programs by providing targeted outreach and education that helps low-income Elgin residents access en- ergy-saving resources. RECOMMENDATION: Ratify the execution of the grant agreement with the Metropolitan Mayors Caucus (MMC) for the Low-Income Energy Efficiency Outreach and Engagement Project. SUMMARY Elgin received a $22,750 grant from the Metropolitan Mayors Caucus (MMC) to expand outreach and education for residents eligible for low-income energy assistance programs. To maintain eli- gibility and meet time-sensitive grant requirements, the agreement was executed to allow the project to proceed without delay. This item ratifies the grant agreement and allows the city to process funds received for energy efficiency outreach. Funding supports the procurement and distribution of energy efficiency kits in partnership with Community Contacts, Inc., helping residents reduce energy use, lower utility costs and access available programs. BACKGROUND The Low-Income Energy Efficiency Outreach and Engagement Grant, administered by the Metro- politan Mayors Caucus (MMC) through the Low-Income Energy Efficiency Accountability Com- mittee (LIEEAC), supports efforts to connect low-income households with energy efficiency pro- grams and resources. This grant program supports local governments and community organiza- tions within ComEd’s service territory in delivering culturally relevant outreach and education on energy efficiency. It prioritizes income-eligible households, including those in environmental jus- tice communities, to improve program access and reduce energy burdens. The program is administered in coordination with LIEEAC under the Climate and Equitable Jobs Act, with over- sight from the Illinois Commerce Commission. Elgin’s project will provide “quick-start” energy efficiency kits that include items such as LED light bulbs, faucet aerators, and door draft sweeps, along with simple guidance on energy-saving prac- tices and available programs. The kits are designed to be low-cost, easy to install, and accessible for both renters and homeowners. OPERATIONAL ANALYSIS This project advances the city’s Climate Action and Resiliency Plan by promoting equitable access to energy efficiency resources and supporting residents in reducing energy costs. Key outcomes include increased public awareness of energy efficiency programs and reduced energy burden for low-income households. The city is partnering with Community Contacts, Inc., to distribute kits and educational materials. Outreach will include print, digital, and in-person engagement, including use at community events. Grant funds will reimburse eligible expenses incurred through December 31, 2026, in- cluding outreach, education, materials and community engagement activities. This program leverages existing community partnerships and outreach channels, allowing for ef- ficient implementation with minimal additional staff capacity. Distribution through Community Contacts, Inc., builds on established relationships with income-eligible residents and ensures re- sources reach targeted populations. INTERESTED PERSONS CONTACTED Community Contacts, Inc. FINANCIAL ANALYSIS Grant funds will support outreach and engagement activities already planned for 2026, leverag- ing existing partnerships and community events. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE N/A N/A N/A N/A N/A LEGAL IMPACT None. 2 ALTERNATIVES The city council may choose not to ratify the grant agreement. NEXT STEPS Upon ratification, continue implementation of grant-funded activities and submit for reimburse- ment per grant requirements. Originators: Kristin Iftner, Sustainability Manager Jessica VanDyke, Sustainability Coordinator Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENT A. Agreement Between Metropolitan Mayors Caucus and City of Elgin 3 AGENDA ITEM: E MEETING DATE: April 8, 2026 ITEM: Mosquito Control Program—Contract (RFP 26-008) ($29,995) OBJECTIVE: Award a contract to provide mosquito control for properties within the Kane County portions of the city during 2026-28. RECOMMENDATION: Enter into contract with Clarke Environmental for mosquito control services for a three-year term with two optional one-year renewal terms. Elgin provides mosquito surveillance and larval control services to residents residing within the Kane County portion of the city to improve quality of life and reduce the risk of mosquito-borne diseases. Residents living in the Cook County portion of Elgin receive mosquito control services through Northwest Mosquito Abatement District (NWMAD), which operates from a separate taxing district within Cook County. The city issued a request for proposals (RFP) and received two qualified responses, both of which have previously provided effective, environmentally responsible services to the city. The companies offer comparable services, however, Clarke Environmental submitted a lower cost proposal and is being recommended for award. BACKGROUND Elgin has historically provided mosquito control services for the Kane County portion of the city through contracted providers. The most recent contract with Vector Disease Control International (VDCI) covered the period from 2021 through 2025 and expired at the end of 2025. Clarke Environmental previously provided mosquito management services to the city from the 1980s through 2012 and again from 2016 through 2020. Both Clarke and VDCI have demonstrated the ability to deliver effective and environmentally responsible mosquito control services. In February 2026, the city issued a request for proposals (RFP) and received two responses from Clarke Environmental and VDCI. Staff from neighborhood services department and the 1 purchasing division reviewed both proposals and determined the services to be comparable. Clarke Environmental was selected based on lower cost. Optional adult mosquito control measures are available in case of a public health crisis such as an encephalitis or severe West Nile Virus (WNV) outbreak. VDCI’s bid for their services was $32,067.00. OPERATIONAL ANALYSIS Larval mosquito management consists of monthly inspections of all potential breeding sites identified by Clarke through a GIS survey, including but not limited to detention and retention ponds, public catch basins, and other standing water sources, with treatment applied when larvae are detected. Larval control uses biorational products such as Bacillus thuringiensis israelensis (Bti) and Bacillus sphaericus (Bs), which are naturally occurring bacteria that specifically target mosquito larvae and have minimal impact on other organisms. Larval control would also include one treatment of up to 5,500 public storm water catch basins as needed using insect growth regulators Altosid or Natular, which support public health by providing effective mosquito control for a period of 30-150 days. Treatment timing is based on surveillance data, including standing water conditions, mosquito population levels, and brood hatch predictions. In addition to larval control, the program includes mosquito surveillance and testing for West Nile Virus through routine trapping. Treatment timing and locations are guided by monitoring data, allowing for targeted and effective application. Services will be provided annually from May 1 through September 30 for the Kane County portion of Elgin. Clarke will provide staff to respond to community questions and concerns regarding mosquito control. Mosquito control services for the Cook County portion of Elgin are provided separately through the Northwest Mosquito Abatement District (NWMAD). Clarke’s program is comparable to the mosquito management efforts provided by NWMAD, except NWMAD will occasionally conduct nighttime spraying. INTERESTED PERSONS CONTACTED City of Elgin Board of Health Kane County Health Department Northwest Mosquito Abatement District (NWMAD) FINANCIAL ANALYSIS The contract amount submitted by Clarke for the 2026 mosquito season is $29,995 with an option to extend this program with costs increasing by 0.90 % annually through the term of the contract. 2 BUDGET IMPACT AMOUNT AMOUNT FUND(S) ACCOUNT(S) PROJECT #(S) BUDGETED AVAILABLE General 010-1606-717.45-03 N/A $30,540 $30,540 LEGAL IMPACT A notice for this request for proposal was advertised in the Daily Herald on February 10, 2026, posted on the city’s website, and sent to firms that previously responded. The proposals were opened on February 27, 2026. On October 31, 2011, the Illinois Environmental Protection Agency (IEPA) issued the General National Pollutant Discharge Elimination System (NPDES) Permit for Pesticide Point Source Discharges. This permit is required of all mosquito control operations that apply biological or chemical pesticides that leave a residue that discharges to waters of the State of Illinois. The General NPDES permit held by the Public Health Division of the Neighborhood Services Group is active until September 30, 2027. As the party responsible for the application of all biological and chemical pesticides under this contract, Clarke also holds an active NPDES permit. ALTERNATIVES 1. The city council may choose to award the contract to Vector Disease Control International (VDCI) for similar mosquito management services at a cost of $32,067. 2. The city council may choose not to provide mosquito control services for the Kane County portion of Elgin, which would eliminate the program and its associated public health and quality of life benefits. NEXT STEPS Once the contract is awarded, a purchase order will be established. Originators: Brad Bohner, Public Health Manager Jennifer Phillips, Director of Neighborhood Services Nickon Etminan, Procurement Manager Final Review: Deborah Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager 3 ATTACHMENTS A. RFP Number 26-008 Bid Price Sheet B. Clarke Environmental Mosquito Management Agreement 4  RFP 26-008 Mosquito Larviciding Treatment Clarke Environmental Vector Disease Control RFP Opening: 2/27/26 Mosquito Management International (VDCI) Department: Neighborhood Services, Public Health Division Total Price $90,802.50 Total Price $99,126.00 Line # Description QTY UOM Unit Extended Unit Extended Year 1 Annual Mosquito Larviciding 1 1 LSUM $29,995.00 $29,995.00 $32,067.00 $32,067.00 &Surveillance Program (2026) Year 2 Annual Mosquito Larviciding 2 1 LSUM $30,267.50 $30,267.50 $33,039.00 $33,039.00 &Surveillance Program (2027) Year 3 Annual Mosquito Larviciding 3 1 LSUM $30,540.00 $30,540.00 $34,020.00 $34,020.00 &Surveillance Program (2028) AGENDA ITEM: F MEETING DATE: April 8, 2026 ITEM: Traffic Signal Maintenance Administration, Inspection and On-Call Engineering Services—Profes- sional Services Agreement with Hampton, Lenzini and Renwick, Inc., Amendment No. 1 ($95,000) OBJECTIVE: Provide professional engineering support necessary to manage traffic signal operations and de- liver priority traffic and transportation initiatives. RECOMMENDATION: Approve the amendment to the professional services agreement with Hampton, Lenzini and Ren- wick, Inc. to support expanded traffic engineering services, signal system operations and capital improvement work. The proposed amendment to the professional services agreement with Hampton, Lenzini and Ren- wick (HLR) increases the 2026 not-to-exceed amount by $95,000 to support expanded traffic en- gineering services, signal system operations and capital improvement work. The additional scope reflects the continued growth in traffic-related initiatives, coordination with internal departments and delivery of planned infrastructure projects. This amendment ensures the city maintains relia- ble traffic signal operations while advancing certain priority transportation improvements in a timely and efficient manner. BACKGROUND The city entered into an agreement with Hampton, Lenzini and Renwick Inc. (HLR) in 2017 to provide traffic engineering services, traffic signal maintenance administration and inspection, and on-call engineering services. The agreement established a framework for managing the city’s signalized intersections, supporting traffic-related studies, and delivering engineering services on an as-needed basis. Since that time, HLR has continued to serve as the city’s primary traffic engineering consultant, providing oversight of the traffic signal maintenance contractor, conducting traffic analyses, and supporting capital improvement projects. In addition to these core responsibilities, HLR’s role has expanded to support coordination with internal departments, including information technology initiatives related to the centralized traffic signal system and public safety efforts involving signal infrastructure. The existing agreement includes an annual not-to-exceed amount of $150,000, which has re- mained unchanged since 2017 despite the increasing complexity and volume of traffic engineer- ing and signal system work. OPERATIONAL ANALYSIS The proposed Amendment Agreement No. 1 increases the not-to-exceed amount for 2026 from $150,000 to $245,000, reflecting an additional $95,000 in supplemental professional services. The increased scope is driven by a combination of ongoing operational needs and planned project work. HLR continues to provide daily oversight of the city’s traffic signal system, including coor- dination with the electrical maintenance contractor and monitoring of signal operations. In addi- tion, several task-based assignments are either underway or anticipated for 2026, including traf- fic signal warrant analyses, design of signal improvements, construction observation for prior- year projects and implementation of grant-supported initiatives such as the McLean Boulevard CMAQ signal interconnect project. The amendment also accounts for continued on-call engineering services and the growing level of coordination required to support city initiatives involving traffic signals and related infrastruc- ture. As the city advances capital improvements and expands the use of signal infrastructure for operational and public safety purposes, the level of effort required from HLR has increased be- yond the capacity of the current contract amount. Maintaining this agreement with HLR allows the city to continue leveraging specialized expertise without adding internal staffing, ensures continuity in the management of critical traffic systems, and supports the timely delivery of both operational and capital projects. The proposed amend- ment aligns with the original intent of the agreement and provides the flexibility necessary to address current and emerging transportation needs. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The proposed Amendment Agreement No. 1 agreement with Hampton, Lenzini and Renwick, Inc. is not to exceed $95,000. This will bring the total original agreement and amendments to $245,000. 2 BUDGET IMPACT AMOUNT AMOUNT FUNDS ACCOUNT PROJECT # BUDGETED AVAILABLE General 010-3343-755.30-99 N/A $95,000 $95,000 LEGAL IMPACT The proposed amendment agreement would require an exception to the procurement ordi- nance, requiring approval by two-thirds of the city council. ALTERNATIVES The city council may choose to reject the agreement and direct staff to solicit new proposals. If so, additional guidance will be required for staff to obtain alternative proposals from firms with less institutional knowledge of the contract work undertaken to date. With current staffing levels, city staff do not have capacity to complete this work in-house. NEXT STEPS 1. Execute the agreement with Hampton, Lenzini and Renwick, Inc. 2. Negotiate and sign the multiple task orders included within the agreement. 3. Issue directive to engineer to begin work. Originators: Aaron Neal, Public Works Director Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Proposed Amendment Agreement No. 1 with Hampton, Lenzini and Renwick Inc. 3  AMENDMENT AGREEMENT NO. 1 THIS AMENDMENT AGREEMENT NO. 1 is hereby made and entered into this ____day of ______________2026, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "CITY"), and Hampton Lenzini and Renwick, Inc. (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY and ENGINEER hereto have previously entered into an agreement dated March 11, 2017 (the "Original Agreement"), wherein the CITY engaged ENGINEER to provide certain professional services in connection with Traffic Engineering, Traffic Signal Maintenance Administration and Inspection and On-Call Engineering Services (hereinafter referred to as "Original Agreement" and the "PROJECT"); and WHEREAS, the parties hereto have determined it to be in their best interest to amend the Original Agreement; and WHEREAS, the City has determined that the proposed scope of the Project should be modified to included Supplemental Professional Engineering Services for Traffic Engineering, Traffic Signal Maintenance Administration and Inspection and On-Call Engineering Services - Amendment No. 1; and WHEREAS, the parties have determined and agree that the total fees to be paid to the Engineer Pursuant to the Original Agreement were in the total amount of $150,000.00; and WHEREAS, the parties hereto have determined and agree that the total maximum payment for the Supplemental Services described in this Amendment Agreement No. 1 shall be in the amount of $95,000.00; and WHEREAS, the parties hereto have determined and agree that the total fees to be paid to the Engineer pursuant to the Original Agreement and Amendment Agreement No. 1 now total $245,000.00; and WHEREAS, the changes contemplated by this Amendment No. 1 are germane to the Original Agreement as signed; and this Amendment Agreement No. 1 is in the best interest of the CITY and is authorized by law. NOW, THEREFORE, for and in consideration of the mutual undertakings as provided herein, and other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged, the parties hereto agree as follows: 1. The above recitals are incorporated into and made a part of this agreement as if fully recited hereby. 2. Section 1 of the Original Agreement is hereby further amended by adding the following subparagraph D thereto read as follows: "D. The Engineer shall also provide Supplemental Services for the Project which includes the Professional Engineering for Traffic Engineering, Traffic Signal Maintenance Administration and Inspection and On-Call Engineering Services -  Amendment No. 1 in accordance with Attachment A-1, and Engineer shall furnish such Supplemental Services for the Project as outlined and detailed in Attachment C-1." 3. That Section 2 of the Original Agreement is hereby further amended by adding the following to the end of Subparagraph B: " Engineer shall provide the Supplemental Services provided for in Amendment Agreement No. 1 in accordance with the schedule outlined herein and detailed in Attachment B." 4. Section 4 of the Original Agreement is hereby amended by adding the following to the end there-of: "E. The total not-to-exceed fee for the professional services to be provided under Amendment Agreement No. 1 shall be, in an amount not to exceed $95,000.00 in accordance with Attachment C-1 unless substantial modifications to the scope of work are authorized in writing by the Director and approved pursuant to a written amendment to this Agreement executed by the parties. Total compensation under the Original Agreement including Amendment Agreement No. 1, shall not exceed $245,000.00 unless substantial modifications are authorized in writing by the Director and approved pursuant to a written amendment to this Agreement executed by the parties. F. For outside services provided by other firms or subconsultants under Amendment Agreement No. 1, the CITY shall pay the ENGINEER the invoiced fee to the ENGINEER, plus 10 percent. Such costs for outside services are included within the not-to-exceed total fee of $95,000.00 provided for in paragraph 4.C." 5. That except as amended in this Amendment Agreement No. 1 the Original Agreement shall remain in full force and effect. 6. That in the event of any conflict between the terms of the Original Agreement, the terms of this Amendment Agreement No. 1 shall control. IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement No. 1 as of the date and year first written above. CITY OF ELGIN ENGINEER By: _____________________________ By: _____________________________ City Manager Name/ Title: Attest: ________________________________ City Clerk  Hampton, Lenzini and Renwick, Inc. Civil Engineers • Structural Engineers • Land Surveyors • Environmental Specialists www.hlrengineering.com March 23, 2026 Aaron Neal Director of Public Works 1900 Holmes Road Elgin, Illinois 60123 RE: EXHIBIT A-1 Traffic Engineering, Traffic Signal Maintenance Administration and Inspection, and On-Call Engineering Services Dear Mr. Neal, Hampton, Lenzini and Renwick, Inc. (HLR) provides traffic engineering services to the City of Elgin performing routine tasks such as the daily operational monitoring and coordination of the electrical maintenance contractor that maintains the City’s 44 traffic signal installations. Additionally, on a work order basis, HLR prepares engineering plans, specifications, and construction oversight for the annual traffic signal capital improvements project as well as traffic analyses such as but not limited to all-way stop and traffic signal warrants, street lighting photometric reviews, and geometric studies. The current agreement between the City and HLR which was executed in March of 2017 has a not to exceed limit of $150,000.00 each year through the end of 2026. Since this original agreement, HLR has been increasing their involvement in City operations from working with the Information Technology department on the expanding the Centralized Traffic Signal System to the Police Department Technical Investigations Division expanding their use of surveillance equipment on City owned traffic signals amongst other items. Based on the scope of work for 2026, the not to exceed limit of $150,000.00 is not sufficient to cover the level of effort required by HLR. Based on the following on-going and proposed task orders, the not to exceed amount for 2026 needs to be increased by an added $95,000.00. Item Description Approved Proposed 1 Traffic Signal Operations Management $ 86,690.00 2 Task Order #1: Shales Boulevard at Maroon Drive Traffic Signal Warrant Analysis $ 4,820.00 3 Task Order #2: IL Route 19 RRFB Design $ 25,100.00 4 Task Order #3: 2026 Traffic Signal Capital Improvements Design $ 24,950.00 5 Task Order #4: 2025 Traffic Signal Capital Improvements Construction Observation $ 55,472.50 6 Task Order #5: McLean Boulevard CMAQ Traffic Signal Interconnect Phase I $ 35,480.00 7 Task Order #6: Additional On-Call Services $ 12,487.50 Sub Totals $ 141,560.00 $ 103,440.00 Grand Total $ 245,000.00 Current Contract Amount $ 150,000.00 Additional Required $ 95,000.00 Yours truly, HAMPTON, LENZINI AND RENWICK, INC. Nicholas Piekarski, PE, CFM Design Engineering Manager / Assistant Corporate Secretary 1707 N. Randall Road 380 Shepard Drive 380 N. Terra Cotta Road 3085 Stevenson Drive 323 West 3rd Street Suite 100 Elgin, Illinois 60123-7010 Unit G Suite 201 P.O. Box 160 Elgin, Illinois 60123 Tel. 847.697.6700 Crystal Lake, Illinois 60012 Springfield, Illinois 62703 Mt Carmel, Illinois 62863 Tel. 847.697.6700 Fax 847.697.6753 Tel. 847.697.6700 Tel. 217.546.3400 Tel. 618.262.8651 Fax 847.697.6753 Fax 847.697.6753 Fax 217.546.8116 Fax 618.263.3327  EXHIBIT C-1 DETAILED COST BREAKDOWN PROFESSIONAL SERVICES TASK ORDER 3: 2026 TRAFFIC SIGNAL CAPITAL IMPROVEMENTS DESIGN CITY OF ELGIN Employee Classification Project Phase/Task Hours Fee E6 E4 E3 E1 T3 SUR1 1 SURVEY AND LAND ACQUISITION SERVICES Set Control 4 4 $ 540.00 Survey (Scanned) 0 $ - Site/Route Scanning 2 2 $ 270.00 Utility Locate 2 2 $ 270.00 Process Survey Data 0 $ - Process Scanned Data to Readable Format 2 2 $ 270.00 Extract scan data (Feature Extraction) 5 5 $ 900.00 Plot Traditional Survey Data 1 1 $ 180.00 0 $ - 2 TRAFFIC ENGINEERING SERVICES Calculations 0 $ - Quantity Calculations and Documentation 6 6 $ 840.00 Traffic Signal Plan Preparation 0 $ - Title Sheet 1 1 $ 140.00 General Notes 1 1 $ 140.00 Summary of Quantities 3 3 $ 420.00 Schedule of Quantities 2 2 $ 280.00 Traffic Signal Details 1 1 $ 140.00 Traffic Signal Plan 36 36 $ 5,040.00 Cable Plan, Phase Diagram, and EVP Sequence 20 20 $ 2,800.00 Interconnect Plan 16 16 $ 2,240.00 Fiber Splicing Diagram 10 10 $ 1,400.00 Standard Details 2 2 $ 280.00 Bid Documents 8 8 $ 1,120.00 Prepare Estimate of Probable Cost 3 3 $ 420.00 Revisions Based on Pre-Final Review Comments 6 6 $ 840.00 Revisions Based on Final Review Comments 4 4 $ 560.00 Bidding Assistance 0 $ - Answer Bidding Questions 4 4 $ 740.00 Prepare Award Recommendation Letter 2 2 $ 370.00 0 $ - 3 CONSULTATION AND COORDINATION Prepare and Attend Coordination Meeting 2 2 4 $ 830.00 Utility Coordination 0 $ - J.U.L.I.E. Field Locate coordination 2 2 $ 370.00 0 $ - 4 QUALITY ASSURANCE AND PROJECT ADMINISTRATION Quality Assurance and Quality Control 0 $ - Survey QAQC 2 $ 380.00 Traffic Engineering QAQC 8 8 $ 1,600.00 Project Administration 0 $ - Survey Project Administration 0 $ - Traffic Engineering Project Administration 2 6 8 $ 1,570.00 0 $ - TOTALS 4 8 16 119 6 10 165 $ 24,950.00 PAGE 1 OF 3 3/24/2026  EXHIBIT C-1 DETAILED COST BREAKDOWN PROFESSIONAL SERVICES TASK ORDER 4: 2025 TRAFFIC SIGNAL CAPITAL IMPROVEMENTS CONSTRUCTION CITY OF ELGIN Employee Classification Project Phase/Task Hours Fee E3 E2 1 CONSTRUCTION ENGINEERING SERVICES Pre-Construction Services 0 $ - Pre-Construction Meeting 2 2 4 $ 680.00 Plan and Quantity Review 12 12 $ 2,220.00 Project Setup 2 4 6 $ 990.00 Construction Services 0 $ - Construction Observation 9 224 233 $ 36,385.00 Progress Meetings 7 7 14 $ 2,380.00 Public Relations 0 $ - Salesforce 8 8 $ 1,162.50 Post-Construction Services 0 $ - Punchlist and Final Inspection 26 21 47 $ 8,065.00 Final Agreement to Quantities 2 12 14 $ 2,230.00 Project Closeout and Job Box Submittal 4 4 8 $ 1,360.00 0 $ - TOTALS 64 282 346 $ 55,472.50 PAGE 2 OF 3 3/24/2026  EXHIBIT C-1 DETAILED COST BREAKDOWN PROFESSIONAL SERVICES TASK ORDER 5: MCLEAN BOULEVARD / LARKIN AVENUE CMAQ INTERCONNECT PHASE I CITY OF ELGIN Employee Classification Project Phase/Task Direct Costs Hours Fee E6 E3 E2 T2 T1 ENV3 ENV2 1 PRELIMINARY ENGINEERING SERVICES Data Collection/Review 0 $ - Field Visit 4 4 8 $ 1,360.00 Prepare Environmental Screening and ESR 6 4 10 $ 1,510.00 Prepare CMAQ Application 16 16 $ 2,960.00 Prepare Geometric Study 0 $ - Plan Drawings 32 8 40 $ 5,920.00 Typical Sections 8 8 $ 1,240.00 Revisions based on Draft Review Comments 4 4 $ 620.00 Revisions based on Final Review Comments 4 4 $ 620.00 Project Reports 0 $ - Categorical Exclusion Group I (BLR 19100) 2 16 18 $ 2,850.00 Exhibits 1 4 5 $ 805.00 Revisions based on Draft Review Comments 1 4 5 $ 805.00 Revisions based on Final Review Comments 1 4 5 $ 805.00 Cost Estimate 1 6 7 $ 1,115.00 0 $ - 2 ENVIRONMENTAL SERVICES Special Waste 0 $ - Obtain Environmental Database Report (EDR) $ 800.00 0 $ 800.00 Prepare a Preliminary Environmental Site Analysis (PESA) 6 40 46 $ 7,400.00 0 $ - 3 CONSULTATION AND COORDINATION Prepare and Attend Kick-off Meeting 4 4 $ 740.00 Utility Coordination 0 $ - J.U.L.I.E. Design Stage Locate 2 2 $ 310.00 Verify Utilities on Provided Atlas Maps 0 $ - (Assume 8 utility agencies x 2 hours per agency) 8 8 16 $ 2,200.00 0 $ - 4 QUALITY ASSURANCE AND PROJECT ADMINISTRATION Quality Assurance and Quality Control 0 $ - Preliminary Engineering QAQC 10 10 $ 1,850.00 Project Administration 0 $ - Preliminary Engineering Project Administration 2 6 8 $ 1,570.00 0 $ - TOTALS 2 46 102 4 16 6 40 216 $ 35,480.00 PAGE 3 OF 3 3/24/2026 AGENDA ITEM: G MEETING DATE: April 8, 2026 ITEM: Auto Collision Repair Services—Contract (RFP 26-009) (Varying Annual Costs) OBJECTIVE: Provide collision repair service for city vehicles and equipment. RECOMMENDATION: Award a multiyear contract to All American Auto Body of Elgin for vehicle collision repairs in a not-to-exceed amount of annual budget allocations. The city maintains a fleet of approximately 700 vehicles and pieces of equipment that annually experience about fifty repairable collision incidents each year. To ensure the city receives compet- itive pricing and consistent service, staff periodically issues requests for proposals (RFPs) for hourly labor rates associated with collision repair services. While it is possible to solicit bids for each individual repair, the extent of collision damage is often unknown until the vehicle is disassembled. As a result, bidding individual incidents is inefficient and creates delay in returning critical vehicles to service. Establishing a contract based on stand- ardized labor rates allows the city to promptly authorize repairs, maintain operational readiness and control costs while still ensuring competitive pricing through the RFP process. The city issued an RFP for auto collision repair services, and All American Auto Body of Elgin was the sole respondent. All American Auto Body is the city’s current provider and has demonstrated the ability to deliver timely and reliable service. Staff recommends awarding a new multi-year contract. BACKGROUND Vehicles and equipment occasionally sustain damage from collisions during normal operation of the city’s municipal fleet. The city’s fleet services division does not perform auto body repair work in-house. When a collision occurs, the damaged vehicle or equipment is serviced by a qualified collision repair facility for complete repair. These repairs may include mechanical repairs result- ing from the collision as well as body repairs such as panel replacement, refinishing, sandblasting, 1 painting and frame alignment. The contract also provides the ability for vendors to support emer- gency response vehicles and other critical fleet assets when rapid assessment or repair is re- quired. The city maintains a fleet of approximately 700 vehicles and pieces of equipment, including pas- senger vehicles, police vehicles, fire apparatus, heavy-duty trucks and specialty equipment used by the public works and other departments. Based on historical experience, the fleet typically experiences between forty and sixty repairable collision incidents annually. To ensure the city continues to receive comprehensive services at competitive pricing, staff is- sued a request for proposals (RFP) for auto collision repair services during the first quarter of 2026. Collision repair services can generally be managed in one of two ways: Using a single qual- ified vendor under an established contract or soliciting bids from multiple vendors for each indi- vidual repair. Because the full scope of collision damage is typically unknown until the vehicle is disassembled, soliciting individual bids for each repair is impractical and can significantly delay returning vehicles to service. For this reason, the preferred approach is to establish standardized hourly labor rates and service terms through a competitive RFP process. Under this structure, the repair facility evaluates the vehicle, prepares an estimate based on the actual damage identified during disassembly and sub- mits the repair proposal to fleet services for review. Staff can then evaluate the repair cost rela- tive to the vehicle’s value and authorize repairs accordingly. Having a contract in place that stand- ardizes hourly rates and service terms affords the city with the ability to seek alternate repair methods for certain equipment outside of the scope of the contracted vendor when necessary. OPERATIONAL ANALYSIS The RFP solicited hourly labor rates and related pricing for collision repair services covering the entirety of the city’s fleet. Establishing standardized labor rates through a competitively solicited contract allows the fleet services division to contract with a single qualified vendor for collision repair work. Because each collision involves unique damage and repair requirements, using a single contracted vendor improves operational efficiency, allows for consistent repair practices, and helps ensure the timely return of vehicles and equipment to service. The RFP was publicly advertised in the Daily Herald and posted on the city’s website. One pro- posal was received from All American Auto Body of Elgin, which has been under contract with and has provided collision repair services for the city’s fleet since 2016. The 2016 agreement included multiple annual extensions options which were mutually agreed to between the city and All American Auto Body with the last ending on April 30, 2026. All American Auto Body has demonstrated reliable workmanship, service and pricing throughout their existing agreement with the city. 2 The proposed 2026 agreement will establish standardized pricing for labor and related services used in collision repair activities. The contract will have an initial five-year term, with renewal options consisting of an additional three-year term followed by a two-year term, subject to mu- tual agreement. Annual expenditures under the agreement will be limited to the amount appro- priated through the city’s adopted budget. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The 2026 budget for repair and maintenance services includes adequate funding for collision re- pairs under the terms of the proposed contract. A historical look into the past 5 years of spending can be found below: Year Amount Spent 2026 Year to Date $16,817.42 2025 $60,292.98 2024 $133,717.20 2023 $70,947.78 2022 $60,510.00 2021 $72,045.00 All American Auto Body submitted hourly rate costs of $68.00, $70.00 and $72.00 through the 2026/2027, 2027/2028 and 2028/2029 contract years. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT AMOUNT AMOUNT # BUDGETED AVAILABLE Equipment Replacement 601-4701-796.40-07 N/A $411,700 $253,240 LEGAL IMPACT The RFP for collision repairs was published in the Daily Herald on February 19, 2026, and posted on the city’s web site, and proposals were opened on March 6, 2026. Only one proposal was received from All American Auto Body for a quoted hourly labor rate of $68 per hour in 2026 plus parts. 3 ALTERNATIVES The city council may choose not to award the contract to All American Auto Body and advise staff to seek repair quotes on a per instance basis. NEXT STEPS Execute agreement with All American Auto Body. Originators: Aaron Neal, Director of Public Works Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Contract with All American Auto Body 4 AGENDA ITEM: H MEETING DATE: April 8, 2026 ITEM: Gifford Road Lift Station Pump Replacement—Agreement with Flow-Technics ($38,673) OBJECTIVE: Replace an aging pump at the Gifford Road lift station to ensure efficient movement of sanitary water from the lift station to the treatment plant. RECOMMENDATION: Approve the agreement with Flow-Technics for the purchase of a new pump for the Gifford Road lift station. The city owns and maintains nine sanitary lift stations. These stations pump sanitary water from a wet well through a force main to a discharge point where the water rejoins the gravity sewer system. Every lift station has multiple pumps to ensure there is a contingency should one pump fail. The Gifford Road lift station, constructed in the 1960s, is equipped with two pumps. Earlier this month, while performing routine inspections on the lift station, staff observed that one of the pumps is no longer operational. Upon removal and further evaluation, staff determined the pump can not be repaired in-house. Staff contacted multiple vendors to evaluate repair and replacement options. Flow-Technics supplied a quote for a new pump and staff recommend approving a pur- chase agreement for a replacement pump. BACKGROUND The city’s sewer division operates and maintains nine lift stations. The Gifford Road lift station collects sanitary water from the far east side of the city in the vicinity of Gifford Road. The two pumps at this lift station usually alternate throughout the day to pump water from the lift station to a large diameter Metropolitan Water Reclamation District sanitary trunk line on Gifford Road near the Metra train crossing, which then continues to the Fox River Water Reclamation District treatment plant on Raymond Street. Under normal operation, the two pumps alternate throughout the day to manage system de- mands and reduce wear. In early March, staff observed that only one pump had was cycling. The non-operational pump was removed and inspected by staff, who found it cannot be repaired. A vendor confirmed that replacement parts are obsolete and full replacement is required. OPERATIONAL ANALYSIS Lift stations are critical components of our sanitary system. They are inspected daily with routine maintenance and repairs completed as needed. Replacing the non-functioning pump at Gifford Road lift station will restore full operational redundancy and improve system reliability. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The pump will be purchased through Flow-Technics, an authorized supplier in our area. Staff recommend approving the purchase agreement with Flow-Technics in the amount of $38,673. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE Utility 430-4202-772.91-85 430126 $38,673 $38,673 LEGAL IMPACT The approval of this purchase would require an exception to the procurement ordinance, requir- ing the approval of two-thirds of the city council. ALTERNATIVES The city council may choose to reject the purchase agreement. Staff will then require direction on obtaining reliable equipment for the lift station. NEXT STEPS Purchase and install the lift station pump. Originators: Eutiminio Bello, Utilities Superintendent Nora Bertram, Water Director Final Review: Debra Nawrocki, Chief Financial Officer Christopher Beck, Corporation Counsel Richard G. Kozal, City Manager 2 ATTACHMENTS A. Quote from Sulzer/ABS for pump 3  FLOW-TECHNICS, INC. Proposal City of Elgin March 23, 2026 1900 Homes Road Elgin, IL. 60123 Attn. Kevin Smith Re: Gifford Rd LS Sulzer/ABS Dry Pit Submersible Pump We are pleased to offer the following proposal for your consideration: 1- ABS model XFPD150G-CB1.2-PE110/6-6” DRY PIT pump with a 15 HP motor, 230V, 3 phase, 1180 RPM capable of delivering 600 GPM AT 47’ TDH. The pump is explosion-proof and comes complete with 49’of power cable. Pumps include 5-yr Prorated warranty. 1- Vertical dry pit stand – steel with 6” x 6” LR suction elbow w/ cleanout 1- Seal/Thermal module and base 1- Lot of freight to jobsite Price $ 38,673.00 TERMS & CONDITIONS: Payment: Net 30 Days; no startup will be performed without 100% payment. Prices: Valid for 30 days from date of this proposal. Taxes: Sales taxes are NOT included. F.O.B.: Factory – Allowed to jobsite Cancellation: Shall be subject to applicable fees. Delivery: Scheduled after receipt of order and approved submittals. NOT INCLUDED: 1. Any item not specifically mentioned is not included, nor was it intended to be. 2. Anchor bolts 3. Federal, State, or Local sales taxes 4. Field installation. Respectfully submitted, FLOW-TECHNICS, INC. Michael E. Carney Michael E. Carney 181 Ontario Street • Frankfort, IL 60423 • (815) 277-2600 • Fax (815) 534-5311 Indiana (574) 299-2600 • Indiana Fax (574) 656-4406 Website: www.flowtechnics.com • Email: info@flowtechnics.com AGENDA ITEM: I MEETING DATE: April 8, 2026 ITEM: Otter Creek Lift Station Channel Monster Grinder Replacement—Agreement with Flow-Technics ($58,332) OBJECTIVE: Replace aging equipment at the Otter Creek (Hopps Road) lift station to ensure efficient move- ment of sanitary water and reduce downtime of pumps at the lift station RECOMMENDATION: Approve the agreement with Flow-Technics to purchase and install a Channel Monster grinder at the Otter Creek lift station. The city owns and maintains nine sanitary lift stations. These stations pump sanitary water from a wet well through a force main to a discharge point where the water rejoins the gravity sewer system. At some of these lift stations, equipment is used where water flows into the wet well to grind any solids into smaller pieces that will easily pass through the pumps. The Otter Creek lift station (also called Hopps Road lift station), has a 24-year-old grinder, installed when the station was first built, that has reached a point where it needs to be rebuilt or replaced. The relatively similar cost of rebuilding the existing grinder compared to buying a new one leads staff to recom- mend approving an agreement with Flow-Technics for the purchase and installation of a new grinder. BACKGROUND The city’s sewer division maintains nine lift stations. The Otter Creek (Hopps Road) lift station collects sanitary flow from a very large portion of the city west of Randall Road. That water is pumped through one of four pumps to the Bowes Road interceptor sewer just east of Randall Road. Before being pumped, the water goes through a grinder, which reduces any solids into pieces small enough to pass through the pumps without causing problems. During a daily inspection in early March, staff noticed the grinder was only functioning at half capacity. The lift station mechanic and technician evaluated the grinder and determined the work needed was beyond staff capabilities. Staff contacted the manufacturer asking to make a site visit to assess the grinder. After inspection, the vendor provided quotes for rebuilding or replacing the grinder. The cost to rebuild the grinder is close to the cost of replacing it—$43,000 compared  to $54,000—with the lead time for rebuilding being longer than obtaining a new unit. These fac- tors, along with the age of the current unit, lead staff to recommend replacement. OPERATIONAL ANALYSIS Lift stations are a critical component of the city’s sanitary system. Staff inspect each lift station every day of the year, perform maintenance daily and complete repairs as needed. The grinders play a key role in ensuring lift station pumps function as intended so that sanitary flow can con- tinue through the system to the treatment plant. Replacing the aging, malfunctioning grinder at the Otter Creek lift station is crucial to operation of the station. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The grinder will be purchased through the only authorized vendor for this equipment in the area. Staff recommend approving the purchase agreement with Flow-Technics in the amount of $58,332. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE Sewer Development 440-0000-772.92-41 440002 $58,332 $58,332 LEGAL IMPACT The approval of this purchase would require an exception to the procurement ordinance, requir- ing approval by two-thirds of city council. ALTERNATIVES The city council may choose to reject the purchase agreement. Staff will then seek direction on obtaining reliable equipment for the lift station. NEXT STEPS Purchase and install the grinder. 2 ______________________________________________________________________________ Originators: Eutiminio Bello, Utilities Superintendent Nora Bertram, Water Director Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Quote from JWC environmental 3  Customer Service Center 2600 S. Garnsey Street Santa Ana, CA 92707 USA Phone: 949 833-3888 Toll Free: 800 331-2277 Fax: 714 242-0240 Customer: Quote Number: C-128093-K5M1-C Quote Date: 03/16/2026 City of Elgin Terms: Net 30 Days 1900 Holmes Rd Pricing: Valid 60 Days Elgin, IL 60123 FOB: Origin US Lead Time: 10-12 Weeks ARO / Shipping & Handling Included Grinder Serial #: S001968-GA-2-1 Ticket #: C-128093-K5M1 Project: Otter Creek P.S. We thank you for your inquiry and are pleased to quote pricing and delivery on the equipment listed below. This quotation is subject to terms and conditions listed on the JWC Environmental "Terms and Conditions" page, and in Clarifications and Exclusions listed below. Part Number Description Qty Unit Price Extended Price CDD4010-XDS2.0 CDD4010-XDS2.0 Channel Monster 1 $55,631.25 $55,631.25 11T Cam Cutters 1:1 Stack Hardened Alloy STL Seals: Standard Buna Elastomers Cork & Rubber Gaskets Delta-P Drum Side Rails Vertical Shaft Support with Grease Lines With 1/2" Perforated Drum Drum Brush Motor Type: Electric New 5HP Immersible Motor @460V New Reducer Nema 29:1 Frame Size 182-184TC,1.15SF New Spool Paint Epoxy Green Grinder SN: TBD Shipping Shipping & Handling Included 1 $0.00 $0.00 Please verify serial number is correct. Sub Total $55,631.25 Tax Total $55,631.25 Notes: 1. Please fax or mail a Purchase Order for the total amount and we can process your order. Please include the following: Bill to Address, Ship to Address, and sales tax exemption certificate. 2. Reference the JWC quote number on your purchase order.. 3. Availability of parts are subject to change at any time. 4. 20% restocking fee on all returns. 5. Sales tax is not included in price. 6. JWCE standard one year warranty included except for older models i.e. GTS, MS and SPF models. 7.If the cost to JWC of performing its obligations under the contract and/or the time for performance shall be increased after the date of issuance of quotation by reason of enactment or amendment of any law, order, regulation or by-law  Customer Service Center 2600 S. Garnsey Street Santa Ana, CA 92707 USA Phone: 949 833-3888 Toll Free: 800 331-2277 Fax: 714 242-0240 having the force of law, inclusive of tariffs, the amount of such increase shall be added to the quoted contract price and/or quoted delivery date adjusted accordingly. Clarifications and Exceptions 1. Subject to attached JWC Environmental Standard Terms and Conditions of Sale. 2. All quotes on orders over $250,000 include milestone payments of 30% on Approved Submitttals; 70% on Shipment. Thank-You for your Business! JWC Environmental Inc Ivan Zambrano Customer Service  Customer Service Center 2600 S. Garnsey Street Santa Ana, CA 92707 USA Phone: 949 833-3888 Toll Free: 800 331-2277 Fax: 714 242-0240 Please provide the following information. Failure to do so may delay processing of order. Quote #: C-128093-K5M1-C All orders will be billed the applicable sales tax, based on the "ship to address", unless a valid tax exemption certificate is provided prior to shipment. Bill To Name & Address: Ship To Name & Address: ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ Email Address: _____________________________ PO# ____________________________ Payment terms: Net 30 FOB: Origin Preferred Shipping Method (Required to Process Your Order): __ Prepay & Add to Invoice __ Collect Account #: _______________ Carrier: _________________________ JWCE will add shipping and handling charges to invoices unless otherwise specified. Please fax or email your PO and most recent tax certificate to: Fax (714) 242-0240 Email servicesales@jwce.com Signature: __________________________ Date: ________________  Customer Service Center 2600 S. Garnsey Street Santa Ana, CA 92707 USA Phone: 949 833-3888 Toll Free: 800 331-2277 Fax: 714 242-0240 JWC ENVIRONMENTAL TERMS AND CONDITIONS OF SALE Unless otherwise specifically agreed to in writing by the buyer ("Buyer") of the products and or related services purchased hereunder (the "Products") and JWC Environmental (the "Seller"), the sale of the Products is made only upon the following terms and conditions. Whether these terms are included in an offer or an acceptance by Seller, such offer or acceptance is conditioned on Buyer's assent to these terms. Seller rejects all additional, conditional and different terms in Buyer's form or documents. PAYMENT TERMS Subject to any contrary terms set forth in our price quotation, order acceptance or invoice the full net amount of each invoice is due and payable in cash within 30 days from the date of the invoice. If any payment is not received within such 30-day period, Buyer shall pay Seller the lesser of 1 ½% per month or the maximum legal rate on all amounts not received by the due date of the invoice, from the 31st day after the date of invoice until said invoice and charges are paid in full. Unless Sellers documents provide otherwise, freight, storage, insurance and all taxes, duties or other governmental charges related to the Products shall be paid by the Buyer. If Seller is required to pay any such charges, Buyer shall immediately reimburse Seller for said charges. In all cases, regardless of partial payment, title to the Products shall remain the Sellers until payment for the Products has been made in full. All orders are subject to credit approval by Seller. All offers by Seller and/or acceptance of Buyer's order shall be nullified by any failure of Buyer to obtain credit approval. Furthermore, Buyer shall not assert any claim against Seller due to Buyer's inability to obtain credit approval. Irrevocable Letter of Credit from Buyer in form and term acceptable to Seller is required for Product orders delivered outside the United States of America DELIVERY Unless otherwise provided in our price quotation, delivery of the Products shall be made F.O.B. place of manufacture. Any shipment, delivery, installation or service dates quoted by the Seller are estimated and the Seller shall be obligated only to use reasonable efforts to meet such dates. The Seller shall in no event be liable for any delays in delivery or failure to give notice of delay or for any other failure to perform hereunder due to causes beyond the reasonable control of the Seller. Such causes shall include, but not be limited to, acts of God, the elements, acts or omissions of manufacturers or suppliers of the Products or parts thereof, acts or omissions of Buyer or civil and military authorities, fires, labor disputes or any other inability to obtain the Products, parts thereof, or necessary power, labor, materials or supplies. The Seller will be entitled to refuse to make, or to delay, any shipments of the Products if Buyer shall fail to pay when due any amount owed by it to the Seller, whether under this or any other contract between the Seller and Buyer. Any claims for shortages must be made to the Company in writing within five calendar days from the delivery date and disposition of the claim is solely subject to Sellers determination PRICES Prices of the Seller's Products are subject to change without notice. Quotations are conditioned upon acceptance within 30 days unless otherwise stated and are subject to correction for errors and/or omissions. Prices include charges for regular packaging but, unless expressly stated, do not include charges for special requirements of government or other purchaser. Prices are subject to adjustment should Buyer place an order past the validity period of the quotation or delay delivery of Products beyond the quoted lead time for any reason. RETURNS No Products may be returned for cash. No Product may be returned for credit after delivery to Buyer without Buyer first receiving written permission from the Seller. Buyer must make a request for return of Product in writing to Seller at its place of business in Costa Mesa, California. A return material authorization number must be issued by the Seller to the Buyer before a Product may be returned. Permission to return Product to Seller by Buyer is solely and exclusively the Sellers. Product must be returned to Seller at Buyers expense, including packaging, insurance, transportation and any governmental fees. Any credit for Product returned to Seller shall be subject to the inspection of and acceptance of the Product by the Seller and is at the sole discretion of the Seller. LIMITED WARRANTY Subject to the terms and conditions hereof, the Seller warrants until one year after commissioning (written notification to Seller by Buyer required) of the Product or until 18 months after delivery of such Product to Buyer, whichever is earlier, that each Product will be free of defects in material and workmanship. If (a) the Seller receives written notification of such defect during the warranty period and the defective Products use is discontinued promptly upon discovery of alleged defect, and (b) if the owner ("Owner") forwards the Product to the Seller's nearest service/repair facility, transportation and related insurance charges prepaid. The Seller will cause any Products whose defect is covered under this warranty to either be replaced or be repaired at no cost to the Owner. The foregoing warranty does not cover repairs required due to repair or alteration other than by the Seller's personnel, accident, neglect, misuse, transportation or causes other than ordinary use and maintenance in accordance with the Seller's instructions and specifications. In addition, the foregoing warranty does not cover any Products, or components thereof, which are not directly manufactured by the Seller. To the extent a warranty for repair or replacement of such Products or components not manufactured directly by the Seller is available to Buyer under agreements of the Seller with its vendors; the Seller will make such warranties available to Buyer. Costs of transportation of any covered defective item to and from the nearest service/repair center and related insurance will be paid or reimbursed by Buyer. Any replaced Products will become the property of the Seller. Any replacement Products will be warranted only for any remaining term of the original limited warranty period and not beyond that term. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITIES THE SELLER'S FOREGOING LIMITED WARRANTY IS THE EXCLUSIVE AND ONLY WARRANTY WITH RESPECT TO THE PRODUCTS AND SHALL BE IN LIEU OF ALL OTHER WARRANTIES (OTHER THAN THE WARRANTY OF TITLE), EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY STATEMENTS MADE BY EMPLOYEES, AGENTS OF THE SELLER OR OTHERS REGARDING THE PRODUCTS. THE OBLIGATIONS OF THE SELLER UNDER THE FOREGOING WARRANTY SHALL BE FULLY SATISFIED BY THE REPAIR OR THE REPLACEMENT OF THE DEFECTIVE PRODUCT OR PART, AS PROVIDED ABOVE. IN NO EVENT SHALL THE SELLER BE LIABLE FOR LOST PROFITS OR OTHER SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF THE SELLER TO BUYER AND OTHERS ARISING FROM ANY CAUSE WHATSOEVER IN CONNECTION WITH BUYER'S PURCHASE, USE AND DISPOSITION OF ANY PRODUCT COVERED HEREBY SHALL, UNDER NO CIRCUMSTANCES, EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT BY BUYER. NO ACTION, REGARDLESS OF FORM, ARISING FROM THIS AGREEMENT OR BASED UPON BUYER'S PURCHASE, USE OR DISPOSITION OF THE PRODUCTS MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, EXCEPT THAT ANY CAUSE OF ACTION FOR THE NONPAYMENT OF THE PURCHASE PRICE MAY BE BROUGHT AT ANY TIME The remedies provided to Buyer pursuant to the limited warranty, disclaimer of warranties and limitations of liabilities, described herein are the sole and exclusive remedies. Unless specifically agreed to in writing by the Seller, no charges may be made to the Seller by Buyer or any third party employed by buyer for removing, installing or modifying any Product. The Seller and its representatives may furnish, at no additional expense, data and engineering services relating to the application, installation, maintenance or use of the Products by Buyer. The Seller will not be responsible for, and does not assume any liability whatsoever for, damages of any kind sustained either directly or indirectly by any person through the adoption or use of such data or engineering services in whole or in part. CONFIDENTAIL INFORMATION Except with the Seller's prior written consent, Buyer shall not use, duplicate or disclose any confidential proprietary information delivered or disclosed by the Seller to Buyer for any purpose other than for operation or maintenance of the Products. CANCELLATION AND DEFAULT Absolutely no credit will be allowed for any change or cancellation of an order for Products by Buyer after fabrication of the Products to fill Buyer's order has been commenced. If Buyer shall default in paying for any Products purchased hereunder, Buyer shall be responsible for all reasonable costs and expenses, including (without limitation) attorney's fees incurred by the Seller in collecting any sums owed by Buyer. All rights and remedies to the Seller hereunder or under applicable laws are cumulative and none of them shall be exclusive of any other right to remedy. No failure by the Seller to enforce any right or remedy hereunder shall be deemed to be a waiver of such right or remedy, unless a written waiver is signed by an authorized management employee of the Seller and the Seller's waiver of a breach of this agreement by Buyer shall not be deemed to be a waiver of any other breach of the same or any other provision. CHANGES IN PRODUCTS Changes may be made in materials, designs and specifications of the Products without notice. The Seller shall not incur any obligation to furnish or install any such changes or modifications on Products previously ordered by, or sold to, Buyer. APPLICABLE LAW, RESOLUTION OF DISPUTES AND SEVERABILITY This agreement is entered into in Costa Mesa, California. This agreement and performance by the parties hereunder shall be construed in accordance with, and governed by, the laws of the State of California. Any claim or dispute arising from or based upon this agreement or the Products which form its subject matter shall be resolved by binding arbitration before the American Arbitration Association in Los Angeles, California, pursuant to the Commercial Arbitration Rules, excepting only that each of the parties shall be entitled to take no more than two depositions, and serve no more than 30 interrogatories, 10 requests for admissions and 20 individual requests for production of documents, such discovery to be served pursuant to the California Code of Civil Procedure. Any award made by the arbitrator may be entered as a final judgment, in any court having jurisdiction to do so. If any provision of this agreement shall be held by a court of competent jurisdiction or an arbitrator to be unenforceable to any extent, that provision shall be enforced to the full extent permitted by law and the remaining provisions shall remain in full force and effect. ASSIGNMENT This agreement shall be binding upon the parties and their respective successors and assigns. However, except for rights expressly provided to subsequent Owners of the Products under "Limited Warranty" above, any assignment of this agreement or any rights hereunder by Buyer shall be void without the Company's written consent first obtained. Any exercise of rights by an Owner other than Buyer shall be subject  Customer Service Center 2600 S. Garnsey Street Santa Ana, CA 92707 USA Phone: 949 833-3888 Toll Free: 800 331-2277 Fax: 714 242-0240 to all of the limitations on liability and other related terms and conditions set forth in this agreement. EXCLUSIVE TERMS AND CONDITIONS The terms and conditions of this agreement may be changed or modified only by an instrument in writing signed by an authorized management employee of the Seller. This instrument, together with any amendment or supplement hereto specifically agreed to in writing by an authorized management employee of the Seller, contains the entire and the only agreement between the parties with respect to the sale of the Products covered hereby and supersedes any alleged related representation, promise or condition not specifically incorporated herein. SELLER'S PRODUCTS ARE OFFERED FOR SALE AND SOLD ONLY ON THE TERMS AND CONDITIONS CONTAINED HEREIN. NOTWITHSTANDING ANY DIFFERENT OR ADDITIONAL TERMS OR CONDITIONS CONTAINED IN BUYER'S SEPARATE PURCHASE ORDERS OR OTHER ORAL OR WRITTEN COMMUNICATION, BUYER'S ORDER IS OR SHALL BE ACCEPTED BY THE COMPANY ONLY ON THE CONDITION THAT BUYER ACCEPTS AND CONSENTS TO THE TERMS AND CONDITIONS CONTAINED HEREIN. IN THE ABSENCE OF BUYER'S ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED HEREIN THE SELLER'S COMMENCEMENT OF PERFORMANCE AND/OR DELIVERY OF THE PRODUCTS, OR THE SELLER'S STATEMENT OF ACKNOWLEDGMENT OF THE RECEIPT OF BUYER'S PURCHASE ORDER, SHALL BE FOR BUYER'S CONVENIENCE ONLY AND SHALL NOT BE DEEMED OR CONSTRUED TO BE ACCEPTANCE OF BUYER'S DIFFERING TERMS OR CONDITIONS, OR ANY OF THEM. ANY DIFFERENT OR ADDITIONAL TERMS ARE HEREBY REJECTED UNLESS SPECIFICALLY AGREED UPON IN WRITING BY AN AUTHORIZED MANAGEMENT EMPLOYEE OF THE SELLER. IF A CONTRACT IS NOT EARLIER FORMED BY MUTUAL AGREEMENT IN WRITING, BUYER'S ACCEPTANCE OF ANY PRODUCTS COVERED HEREBY SHALL BE DEEMED ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS STATED HEREIN. THE SELLER'S FAILURE TO OBJECT TO PROVISIONS INCONSISTENT HEREWITH CONTAINED IN ANY COMMUNICATION FROM BUYER SHALL NOT BE DEEMED A WAIVER OF THE PROVISIONS CONTAINED HEREIN. F360JWCE0107  FLOW-TECHNICS, INC. Proposal City of Elgin March 16, 2026 1900 Homes Road Elgine, IL. 60123 Attn. Kevin Smith Re : Hopps Rd JWC Channel Monster We are pleased to offer the following proposal for your consideration: 1- Day of labor for 2 men to assist in removal and replacement of JWC Channel Monster Price $ 2,700.00 TERMS & CONDITIONS: Payment: Net 30 Days; no startup will be performed without 100% payment. Prices: Valid for 30 days from date of this proposal. Credit Card: 4% Service Fee will be added if using a credit card or payment. Taxes: Sales taxes are NOT included. F.O.B.: Factory – Prepaid & Added Cancellation: Shall be subject to applicable fees. Delivery: Scheduled after receipt of order and approved submittals. NOT INCLUDED: 1. Any item not specifically mentioned is not included, nor was it intended to be. 2. Anchor bolts 3. Federal, State, or Local sales taxes 4. Field installation. Respectfully submitted, FLOW-TECHNICS, INC. Michael E. Carney Michael E. Carney 181 Ontario Street • Frankfort, IL 60423 • (815) 277-2600 • Fax (815) 534-5311 Indiana (574) 299-2600 • Indiana Fax (574) 656-4406 Website: www.flowtechnics.com • Email: info@flowtechnics.com