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Resolution 2024-37 Resolution No. 2024-37 A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,APPROVING A CONSTRUCTION ENGINEERING AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR THE RESURFACING OF EAST VAN EMMON STREET WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, East Van Emmon Street, located within the City of Yorkville, is in need of resurfacing; and WHEREAS, the City of Yorkville and the Illinois Department of Transportation("IDOT") plan to begin a resurfacing project on East Van Emmon Street during the Spring of 2026 (the "Project"); and WHEREAS, the City solicited qualified engineering firms to assist with this Project as construction engineer pursuant to the requirements of the Local Government Professional Services Selection Act (50 ILCS 510/0.01 et seq.); and WHEREAS, Engineering Enterprises, Inc. ("EEI") was chosen as the highest qualified engineering firm, and the City entered into negotiations with EEI for the price of the engineering contract; and WHEREAS, the City has determined that the price of the engineering contract proposed by EEI is fair and reasonable, and has chosen EEI as the engineering contractor for the Project; and WHEREAS, the Project qualifies as a Surface Transportation Program project, and therefore IDOT shall reimburse the City 80% of the cost of the Project; and WHEREAS, the construction engineering work performed by EEI on the Project is estimated to cost a total of$54,940; and WHEREAS, the City therefore desires to enter into a construction engineering agreement with EEI, in the form attached hereto as Exhibit A, in an amount not to exceed $54,940; approximately $43,952 of which shall be reimbursed to the City by IDOT. NOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois as follows: Section 1. That the Construction Engineering Agreement between Engineering Enterprises, Inc. and the United City of Yorkville is hereby approved, and the Mayor and City Clerk are authorized to execute said Agreement. Resolution No. 2024-37 Page 1 Section 2. That this Resolution shall be in full force and effect upon its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 24th day of September,A.D. 2024. I Cl Y CLERK KEN KOCH ABSENT DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS AYE RUSTY CORNEILS AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this cNdy of °, �'�/l IQ f�'- ,A.D. 2024. MAYOR Attest: �eX� IT CLERK Resolution No. 2024-37 Page 2 Wnds Dep 1t Local Public Agency of Transportation Engineering Services Agreement Agreement For Agreement Type Using Federal Funds?Fx� Yes ❑ No Federal CE Original LOCAL PUBLIC AGENCY Local Public Agency Coun Section Number Job Number United City of Yorkville Kendall 24-00053-00-RS I C-93-023-25 Protect Number Contact Name Phone Number Email T4N9(336) Eric Dhuse (630) 553-4370 edhuse@yorkville.il.us SECTION PROVISIONS Local Street/Road Name Ke out Length Structure Number E. Van Emmon Street FAU 2515 F0,52 N/A Location Termini Add Location IL Route 47 (Bridge Street) to East City Limits Remove Location Protect Description This work consists of hot-mix asphalt surface course removal, pavement patching, hot-mix asphalt binder and surface course, portland cement concrete sidewalk removal and replacement, combination concrete curb and gutter removal and replacement, structure adjustments, pipe culvert removal and replacement, grading and shaping ditches, pavement markings, roadway signage and all other appurtenant work required. Engineering Funding ❑x Federal ❑ MFT/TBP ❑ State 0 Other Local Funds Anticipated Construction Funding 0 Federal ❑ MFT/TBP ❑ State ❑x Other Local Funds AGREEMENTFOR ❑x Phase III-Construction Engineering CONSULTANT Prime Consultant Firm Name Contact Name Phone Number Email Engineering Enterprises, Inc Chris Ott (630)466-6757 colt@eeiweb.com Address Citv State ZipCode 52 Wheeler Road Sugar Grove 1 IL 60554 THIS AGREEMENT IS MADE between the above Local Public Agency(LPA)and Consultant(ENGINEER)and covers certain professional engineering services in connection with the improvement of the above SECTION. Project funding allotted to the LPA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the"DEPARTMENT,"will be used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. Since the services contemplated under the AGREEMENT are professional in nature, it is understood that the ENGINEER, acting as an individual, partnership,firm or legal entity, qualifies for professional status and will be governed by professional ethics in its relationship to the LPA and the DEPARTMENT.The LPA acknowledges the professional and ethical status of the ENGINEER by entering into an AGREEMENT on the basis of its qualifications and experience and determining its compensation by mutually satisfactory negotiations. WHEREVER IN THIS AGREEMENT or attached exhibits the following terms are used,they shall be interpreted to mean: Regional Engineer Deputy Director, Office of Highways Project Implementation, Regional Engineer, Department of Transportation Resident Construction Supervisor Authorized representative of the LPA in immediate charge of the engineering details of the construction PROJECT In Responsible Charge A full time LPA employee authorized to administer inherently governmental PROJECT activities Contractor Company or Companies to which the construction contract was awarded Completed09/06/24 Page 1 of 9 BLR 05530(Rev.07108/22) AGREEMENT EXHIBITS The following EXHIBITS are attached hereto and made a part of hereof this AGREEMENT: ❑x EXHIBIT A: Scope of Services ❑x EXHIBIT B: Project Schedule ❑x EXHIBIT C: Qualification Based Selection (QBS)Checklist ❑x EXHIBIT D: Cost Estimate of Consultant Services(CECS)Worksheet(BLR 05513 or BLR 05514 ) 0 EXHIBIT E: Location Map 0 EXHIBIT F: Rubino Proposal El I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance of the Scope of Services presented in EXHIBIT A for the LPA in connection with the proposed improvements herein before described. 2. The Classifications of the employees used in the work shall be consistent with the employee classifications and estimated staff hours. If higher-salaried personnel of the firm, including the Principal Engineer, perform services that are to be performed by lesser-salaried personnel,the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 3. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections required as a result of the ENGINEER'S error, omissions or negligent acts without additional compensation.Acceptance of work by the LPA or DEPARTMENT will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or the responsibility for clarifying ambiguities. 4. That the ENGINEER will comply with applicable Federal laws and regulations, State of Illinois Statutes,and the local laws or ordinances of the LPA. 5. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LPA. 6. To invoice the LPA for Preliminary and/or Design Engineering:The ENGINEER shall submit all invoices to the LPA within three months of the completion of the work called for in the AGREEMENT or any subsequent Amendment or Supplement. 7. To submit a completed BLR 05613, Engineering Payment Report,to the DEPARTMENT within three months of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement.The form shall be submitted with the final invoice. 8. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this AGREEMENT.The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of US Department of Transportation (US DOT)assisted contract. Failure by the Engineer to carry out these requirements is a material breach of this AGREEMENT,which may result in the termination of this AGREEMENT or such other remedy as the LPA deems appropriate. 9. That none of the services to be fumished by the ENGINEER shall be sublet assigned or transferred to any other party or parties without written consent of the LPA. The consent to sublet, assign or otherwise transfer any portion of the services to be fumished by the ENGINEER shall be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. 10. For Construction Engineering Contracts: (a)The ENGINEER shall be prequalified with the STATE in Construction Inspection.All employees of the ENGINEER serving as the onsite resident construction supervisor or providing construction inspection shall have a valid Documentation of Contract Quantities certification. (b)For all projects where testing is required, the ENGINEER shall obtain samples according to the STATE Bureau of Materials. "Manual of Test Procedures for Materials,"submit STATE Bureau of Materials inspection reports; and verify compliance with contract specifications. 11. That the engineering services shall include all equipment, instruments,supplies,transportation and personnel required to perform the duties of the ENGINEER in connection with this AGREEMENT(See DIRECT COST tab in BLR 05513 or BLR 05514). II. THE LPA AGREES, 1. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the following: (a)Professional Services Selection Act(50 ILCS 510),The Brooks Act(40 USC 11), and the Procurement, Management, and Administration of Engineering, and Design Related Services(23 CFR part 172). Exhibit C is required to be completed with this AGREEMENT. 2. To furnish the ENGINEER all presently available survey data, plans,specifications,and project information. 3. For Construction Engineering Contracts: (a)To furnish a full time LPA employee to be In Responsible Charge authorized to administer inherently governmental PROJECT activities. (b)To submit approved forms BC 775 and BC 776 to the DEPARTMENT when federal funds are utilized. 4. To pay the ENGINEER: Completed09/06/24 Page 2 of 9 BLR 05530(Rev.07/08/22) (a) For progressive payments-Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. (b) Final Payment-Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have been made and accepted by LPA and DEPARTMENT,a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 5. To pay the ENGINEER as compensation for all services rendered in accordance with the AGREEMENT on the basis of the following compensation method as discussed in 5-5.10 of the BLR Manual. Method of Compensation: ❑ Lump Sum ❑ Specific Rate ❑x Cost plus Fixed Fee: Fixed Total Compensation= DL+ DC+OH + FF Where: DL is the total Direct Labor, DC is the total Direct Cost, OH is the firm's overhead rate applied to their DL and FF is the Fixed Fee. Where FF =(0.33+R)DL+ %SubDL, where R is the advertised Complexity Factor and %SubDL is 10%profit allowed on the direct labor of the subconsultants. The Fixed Fee cannot exceed 15%of the DL+OH. Field Office Overhead Rates: Field rates must be used for construction engineering projects expected to exceed one year in duration or if the construction engineering contract exceeds$1,000,000 for any project duration. 6. The recipient shall not discriminate on the basis of race, color, national original or sex in the award and performance of any US DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of US DOT-assisted contracts.The recipient's DBE program, as required by 49 CFR part 26 and as approved by US DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this AGREEMENT. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.0 3801 et seq.). III. IT IS MUTUALLY AGREED, 1. No work shall be commenced by the ENGINEER prior to issuance by the IDOT of a written Notice to Proceed. 2. To maintain,for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amount, recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General, and the DEPARTMENT,the Federal Highways Administration(FHWA)or any authorized representative of the federal government,and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the DEPARTMENT for the recovery of any funds paid by the DEPARTMENT under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 3. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LPA,the DEPARTTENT, and their officers,agents, and employees from all suits,claims, actions or damage liabilities, costs or damages of any nature whatsoever resulting there from.These indemnities shall not be limited by the listing of any insurance policy. The LPA will notify the ENGINEER of any error or omission believed by the LPA to be caused by the negligence of the ENGINEER as soon as practicable after the discovery.The LPA reserves the right to take immediate action to remedy any error or omission if notification is not successful; if the ENGINEER fails to reply to a notification;or if the conditions created by the error or omission are in need of urgent correction to avoid accumulation of additional construction costs or damages to property and reasonable notice is not practicable. 4. This AGREEMENT may be terminated by the LPA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LPA all drawings, plats,surveys, reports, permits,agreements,soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LPA. The LPA will be responsible for reimbursement of all eligible expenses incurred under the terms of this AGREEMENT up to the date of the written notice of termination. Completed09/06/24 Page 3 of 9 BLR 05530(Rev.07/08/22) 5. In the event that the DEPARMENT stops payment to the LPA,the LPA may suspend work on the project. If this agreement is suspended by the LPA for more than thirty(30)calendar days,consecutive or in aggregate, over the term of this AGREEMENT, the ENGINEER shall be compensated for all services performed and reimbursable expenses incurred as a result of the suspension and resumption of its services,and the ENGINEER's schedule and fees for the remainder of the project shall be equitably adjusted. 6. This AGREEMENT shall continue as an open contract and the obligations created herein shall remain in full force and effect until the completion of construction of any phase of professional services performed by others based upon the service provided herein. All obligations of the ENGINEER accepted under this AGREEMENT shall cease if construction or subsequent professional services are not commenced within 5 years after final payment by the LPA. 7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and have harmless the LPA,the DEPARTMENT, and their officers,employees from all suits, claims, actions or damages liabilities, costs or damages of any nature whatsoever resulting there from.These indemnities shall not be limited by the listing of any insurance policy. 8. The ENGINEER and LPA certify that their respective firm or agency: (a)has not employed or retained for commission, percentage, brokerage, contingent fee or other considerations,any firm or person (other than a bona fide employee working solely for the LPA or the ENGINEER)to solicit or secure this AGREEMENT, (b)has not agreed, as an express or implied condition for obtaining this AGREEMENT,to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or (c)has not paid, or agreed to pay any firm,organization or person (other than a bona fide employee working solely for the LPA or the ENGINEER)any fee, contribution,donation or consideration of any kind for,or in connection with, procuring or carrying out the AGREEMENT. (d)that neither the ENGINEER nor the LPA is/are not presently debarred,suspended, proposed for debarment,declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, (e)has not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against4hem for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public(Federal,State or local)transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records, making false statements or receiving stolen property, (f) are not presently indicated for or otherwise criminally or civilly charged by a government entity(Federal, State or local)with commission of any of the offenses enumerated in paragraph (e)and (g)has not within a three-year period preceding this AGREEMENT had one or more public transaction(Federal, State or local)terminated for cause or default. Where the ENGINEER or LPA is unable to certify to any of the above statements in this certification,an explanation shall be attached to this AGREEMENT. 9. In the event of delays due to unforeseeable causes beyond the control of and without fault or negligence of the ENGINEER no claim for damages shall be made by either party.Termination of the AGREEMENT or adjustment of the fee for the remaining services may be requested by either party if the overall delay from the unforeseen causes prevents completion of the work within six months after the specified completion date. Examples of unforeseen causes include but are not limited to:acts of God or a public enemy; act of the LPA, DEPARTMENT, or other approving party not resulting from the ENGINEER's unacceptable services;fire;strikes;and floods. If delays occur due to any cause preventing compliance with the PROJECT SCHEDULE,the ENGINEER shall apply in writing to the LPA for an extension of time. If approved,the PROJECT SCHEDULE shall be revised accordingly. 10. This certification is required by the Drug Free Workplace Act(30 ILCS 580).The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the DEPARTMENT unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited or suspension of contract on grant payments, termination of a contract or grant and debarment of the contracting or grant opportunities with the DEPARTMENT for at least one(1)year but not more than(5)years. For the purpose of this certification, "grantee"or"Contractor" means a corporation, partnership or an entity with twenty-five(25)or more employees at the time of issuing the grant or a department,division or other unit thereof, directly responsible for the specific performance under contract or grant of$5,000 or more from the DEPARTMENT,as defined the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a)Publishing a statement: (1)Notifying employees that the unlawful manufacture, distribution,dispensing,possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2)Specifying actions that will be taken against employees for violations of such prohibition. (3)Notifying the employee that,as a condition of employment on such contract or grant,the employee will: (a)abide by the terms of the statement; and (b)notify the employer of any criminal drug statue conviction for a violation occurring in the workplace no later than (5)days after such conviction. (b) Establishing a drug free awareness program to inform employees about: Completed09/06/24 Page 4 of 9 BLR 05530(Rev.07/08/22) (1)The dangers of drug abuse in the workplace; (2)The grantee's or contractor's policy to maintain a drug free workplace; (3)Any available drug counseling, rehabilitation and employee assistance program;and (4)The penalties that may be imposed upon an employee for drug violations. (c)Providing a copy of the statement required by subparagraph (a)to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d)Notifying the contracting,or granting agency within ten (10)days after receiving notice under part(b)of paragraph (3) of subsection (a)above from an employee or otherwise, receiving actual notice of such conviction. (e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program. (f)Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is required and indicating that a trained referral team is in place. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act, the ENGINEER, LPA and the Department agree to meet the PROJECT SCHEDULE outlined in EXHIBIT B.Time is of the essence on this project and the ENGINEER's ability to meet the PROJECT SCHEDULE will be a factor in the LPA selecting the ENGINEER for future project.The ENGINEER will submit progress reports with each invoice showing work that was completed during the last reporting period and work they expect to accomplish during the following period. 11. Due to the physical location of the project, certain work classifications may be subject to the Prevailing Wage Act(820 ILCS 130/0.01 et seq.). 12. For Construction Engineering Contracts: (a)That all services are to be furnished as required by construction progress and as determined by the LPA employee In Responsible Charge.The ENGINEER shall complete all services herein within a time considered reasonable to the LPA, after the CONTRACTOR has completed the construction contract. (b)That all field notes,test records and reports shall be turned over to and become the property of the LPA and that during the performance of the engineering services herein provided for,the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. (c)That any difference between the ENGINEER and the LPA concerning the interpretation of the provisions of this AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LPA, and a third member appointed by the two other members for disposition and that the committee's decision shall be final. (d)That in the event that engineering and inspection services to be furnished and performed by the LPA(including personnel furnished by the ENGINEER)shall, in the opinion of the STATE be incompetent employed on such work at the expense of the LPA. (e)Inspection of all materials when inspection is not provided by the sources by the STATE Central Bureau of Materials, and submit inspection reports to the LPA and STATE in accordance with the STATE Central Bureau of Materials "Project Procedures Guide"and the policies of the STATE. AGREEMENT SUMMARY Prime Consultant(Firm)Name TIN/FEIN/SS Number Agreement Amount Engineering Enterprises, Inc. 36-3150869 $45,442.00 Subconsultants TIN/FEIN/SS Number Agreement Amount Rubino Engineering, Inc. 80-0450719 $9,498.00 Subconsu►tant Total $9,498.00 Prime Consultant Total $45,442.00 Total for all work $54,940.00 Completed09/06/24 Page 5 of 9 BLR 05530(Rev.07/08/22) AGREEMENT SIGNATURES Local Public Agency Type Local Public Agency Attest: The City of United City of Yorkville B (Signature&Date B Si nature& e "W"r -- 'I- Local Public Agency Local Public Agency Type Title United City of Yorkville City Clerk Mayor (SEAL) .moo(\.v 0F )e C orpotat,-- . LL Executed by the ENGINEER: Prime Consultant Firm Name Attest: Engineering Enterprises, Inc. B Si nature& Date B (Signature&Date Title Title Chief Operating Officer/President Project Manager Completed09/06/24 Page 6 of 9 BLR 05530(Rev.07/08/22) Local Public Agency Prime Consultant Firm Name Count Section Number United City of Yorkville Engineering Enterprises, Inc. Kendall F4-00053-00-RS 11 EXHIBIT A SCOPE OF SERVICES To perform or be responsible for the performance of the engineering services for the LPA, in connection with the PROJECT herein before described and enumerated below • Attend Pre-Construction Meeting • Review Contractor's Proposed Construction Schedule • Set up field books, quantity books, diary, job box and all other forms of proper project documentation, including CMMS • Prepare a project contact list • Provide resident engineering for on-site observation • Keep inspector's daily reports and quantity book records up to date • Maintain orderly files of all relevant project documents • Perform quantity measurements to prepare pay estimates and change orders for City & IDOT approval • Provide liaison functions related to the coordination of contractors, utilities, developers, other agencies and property owners engaged or affected by the project • Monitor adherence to project specifications • Maintain daily contact with the Contractor to monitor schedule • Maintain daily contact with City and IDOT • Gather material inspection and coordinate any required testing on behalf of the City • Provide guidance to the contractor when questions arise during construction • Provide construction layout • Provide information to residents as required • Perform punch list inspections and provide follow up inspections and recommend acceptance when appropriate • Communicate activities with City weekly or as required based on on-site activities • Complete job box and conduct all audits with IDOT • Complete required pay estimates and change orders to complete the project • Prepare necessary IDOT closeout paperwork Completed09/06/24 Page 7 of 9 BLR 05530(Rev.07/08/22) Local Public Agency Prime Consultant Firm Name Count Section Number United City of Yorkville Engineering Enterprises, Inc. Kendall 24-00053-00-RS EXHIBIT B PROJECT SCHEDULE 1. Target Letting: 11/8/2024 2. Pre-Construction Meeting: 4/7/2025 3. Start of Construction: 5/5/2025 4. End of Construction: 6/20/2025 5. Project Closeout: 8/28/2026 Completed09106/24 Page 8 of 9 BLR 05530(Rev.07/08/22) Local Public Agency. Prime Consultant Firm Name County Section Number United City of Yorkville Engineering Enterprises, Inc. Kendall 24-00053-00-RS Exhibit C Qualification Based Selection(QBS)Checklist The LPA must complete Exhibit D. If the value meets or will exceed the threshold in 50 ILCS 510, QBS requirements must be followed. Under the threshold, QBS requirements do not apply.The threshold is adjusted annually. If the value is under the threshold with federal funds being used,federal small purchase guidelines must be followed. ❑ Form Not Applicable(engineering services less than the threshold) Items 1-13 are required when using federal funds and QBS process is applicable. Items 14-16 are required when using State funds and the QBS process is applicable. No Yes 1 Do the written QBS policies and procedures discuss the initial administration(procurement, management ❑ x❑ and administration)concerning engineering and design related consultant services? 2 Do the written QBS policies and procedures follow the requirements as outlined in Section 5-5 and ❑ 0 specifically Section 5-5.06(e)of the BLRS Manual? 3 lWas the scope of services for this project clearly defined? ❑ ❑x 4 1was public notice given for this project? ❑ EXI If yes Due date of submittal 08/09/24 Methods used for advertisement and dates of advertisement Continuously on the City's website starting on 7/24/2024 5 Do the written QBS policies and procedures cover conflicts of interest? ❑ X 6 Do the written QBS policies and procedures use covered methods of verification for suspension and ❑ X debarment? 7 Do the written QBS policies and procedures discuss the methods of evaluation? ❑ X Project Criteria Weighting Firm Experience 30% Staff Capabilities 30% Past Performance 30% Local Presence 10% 8 Do the written QBS policies and procedures discuss the method of selection? ❑ Selection committee titles for this ro'ect Eric Dhuse (Public Works Director) and Jesus Navarro (Facilities Manager) Top three consultants ranked for this project in order 1 Engineering Enterprises, Inc. 2 Engineering Resource Associates 3 The HOH Group 9 Was an estimated cost of engineering for this project developed in-house prior to contract negotiation? ❑ ❑x 10 Were negotiations for this project performed in accordance with federal requirements. ❑ ❑x 11 Were acceptable costs for this project verified? ❑ X 12 Do the written QBS policies and procedures cover review and approving for payment, before forwarding the ❑ request for reimbursement to [DOT for further review and approval? Do the written QBS policies and procedures cover ongoing and finalizing administration of the project 13 (monitoring, evaluation, closing-out a contract, records retention, responsibility, remedies to violations or ❑ ❑x breaches to a contract, and resolution of disputes)? 14 QBS according to State requirements used? ❑x ❑ 15 Existing relationship used in lieu of QBS process? ❑ 16 LPA is a home rule community(Exempt from QBS). ❑ Completed09/06/24 Page 9 of 9 BLR 05530(Rev.07/08/22) EXHIBIT D Illin Department COST ESTIMATE OF CONSULTANT SERVICES(CECS)WORKSHEET of Trois ansportation FIXED RAISE Local Public Agency County Section Number United City of Yorkville lKendall �� 24-00053-00-RS Prime Consultant(Firm)Name Prepared By Date Engineering Enterprises,Inc. Christopher J.Ott 8/28/2024 Consultant/Subconsultant Name Job Number Engineering Enterprises,Inc. I IC-93-023-25 Note: This is name of the consultant the CECS is being completed for. This name appears at the top of each tab. Remarks PAYROLL ESCALATION TABLE CONTRACT TERM 18 MONTHS OVERHEAD RATE 181.79% START DATE 111/2025 COMPLEXITY FACTOR RAISE DATE 2/28/2025 % RAISE END DATE 4/30/2026 ESCALATION PER YEAR %of Year First Date Last Date Months Contract 0 1/1/2025 2/28/2025 2 12.50% 1 3/1/2025 2/28/2026 12 76.50% 2 3/1/2026 4/30/2026 2 13.01% The total escalation= 2.00% BLR 05514(Rev.02/09/23) Printed 8/29/2024 2:15 PM ESCALATION Page 1 of 1 Local Public Agency County Section Number United City of Yorkville Kendall 24-00053-00-RS Consultant / Subconsultant Name Job Number Engineering Enterprises, Inc. C-93-023-25 —� PAYROLL RATES EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS)WORKSHEET FIXED RAISE MAXIMUM PAYROLL RATEI 86.00 ESCALATION FACTORI 2.00% IDOT CLASSIFICATION PAYROLL RATES CALCULATED RATE ON FILE E-4 Senior Principal $91.64 $86.00 E-3 Principal $82.93 $84.59 E-2 Senior Project Manager $74.091 $75.58 E-1 Project Manager $58.381 $59.55 P-6 Senior Project Engineer/Surveyor II $49.681 $50.68 P-5 Senior Project Engineer/Surveyor 1 $43.761 $44.64 P-4 Project En finer/Surve or $37.311 $38.06 T-6 Senior Project Technician 11 $45.131 $46.03 T-5 Senior Project Technician 1 6.491 $47.42 T-4 Project Technician $38.291 $39.06 T-3 Senior Technician $32.94 $33.60 1-1 Engineering Intem $23.70 $24.18 A-4 Executive Administrative Assistant $46.63 $47.56 A-3 Administrative Assistant $32.34 $32.99 BLR 05514(Rev. 02/09/23) Printed 8/29/2024 2:15 PM RATES Page 1 of 1 Local Public Agency County Section Number United City of Yorkville Kendall 24-00053-00-RS Consultant/Subconsultant Name Job Number Engineering Enterprises, Inc. C-93-023-25 SUBCONSULTANTS EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES(CECS)WORKSHEET Contribution to Prime NAME Direct Labor Total Consultant Total 0.00 0.00 NOTE: Only subconsultants who fill out a cost estimate that splits out direct labor may be listed on this sheet. BLR 05514(Rev.02/09/23) Printed 8/29/2024 2:16 PM SUBS Page 1 of 1 Local Public Agency County Section Number United City of Yorkville IKendall 24-00053-00-RS Consultant/Subconsultant Name Job Number Engineering Enterprises,Inc. C-93-023-25 DIRECT COSTS WORKSHEET List ALL direct costs required for this project Those not listed on the form will not be eligible for reimbursement by the LPA on this project EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES(CECS)WORKSHEET CONTRACT ITEM ALLOWABLE QUANTITY RATE TOTAL Lodging Actual Cost $0.00 (per GOVERNOR'S TRAVEL CONTROL BOARD) (Up to state rate maximum Lodging Taxes and Fees Actual Cost $0.00 (per GOVERNOR'S TRAVEL CONTROL BOARD Air Fare Coach rate,actual cost,requires minimum two weeks' $0.00 notice,with prior IDOT approval Vehicle Mileage Up to state rate maximum $0.00 (per GOVERNOR'S TRAVEL CONTROL BOARD Vehicle Owned or Leased $32.50/half day(4 hours or less)or$65/full day 25 $65.00 $1,625.00 Vehicle Rental Actual Cost(Up to$55/day) $0,00 Tolls Actual Cost $0.00 Parking Actual Cost $0.00 Overtime Premium portion(Submit supporting documentation) $0.00 Shift Differential Actual Cost(Based on firm's policy) $0.00 Overnight Delivery/Postage/Courier Service Actual Cost(Submit supporting documentation) $0.00 Copies of Deliverables/Myiars(In-house) Actual Cost(Submit supporting documentation) $0.00 Copies of Deliverables/Mylars(Outside) Actual Cost(Submit supporting documentation) $0.00 Project Specific Insurance Actual Cost $0.00 Monuments(Permanent) Actual Cost $0.00 Photo Processing Actual Cost $0.00 2-Way Radio(Survey or Phase III Only) Actual Cost $0.00 Telephone Usage(Traffic System Monitoring Only) Actual Cost $0.00 CADD Actual Cost(Max$15/hour) $0.00 Web Site Actual Cost(Submit supporting documentation) $0.00 Advertisements Actual Cost(Submit supporting documentation) $0.00 Public Meeting Facility Rental Actual Cost(Submit supporting documentation) $0.00 Public Meeting Exhibits/Renderings i£Equipment Actual Cost(Submit supporting documentation) $0.00 Recording Fees Actual Cost $0.00 Transcriptions(specific to project) Actual Cost $0.00 Courthouse Fees Actual Cost $0.00 Storm Sewer Cleaning and Televising Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00 Traffic Control and Protection Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00 Aerial Photography and Mapping Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00 Utliity Exploratory Trenching Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00 Testing of Soil Samples Actual Cost $0.00 Lab Services Actual Cost(Provide breakdown of each cost) $0.00 Equipment and/or Specialized Equipment Rental Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL DIRECT COSTS: $1,625.00 BLR 05514(Rev.02109/23) DIRECT COSTS Printed 8/29/2024 2:17 PM Page 1 of 1 Local Public Agency County Section Number United City of Yorkville lKendall L 24-00053-00-RS Consultant/Subconsultant Name Job Number Engineering Enterprises, Inc. IC-93-023-25 —� COST ESTIMATE WORKSHEET EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS)WORKSHEET OVERHEAD RATE— 181.79% COMPLEXITY FACTOR�� DIRECT COSTS (not included in OVERHEAD& SERVICES BY % GRAND TASK row totals) STAFF HOURS PAYROLL FRINGE BENEFITS FIXED FEE OTHERS TOTAL TOTAL Project Management and Administration 12 768 1,395 253 2,416 4.40% Project Startup and Closeout 46 2,018 3,669 666 6,353 11.56% Construction Layout 18 728 1,323 240 2,291 4.17% Construction Inspection and Documentation 231 8,920 16,216 2,944 28,080 51.11% Pay Estimates 26 1,214 2,208 401 3,823 6.96% Material Testing 6 271 493 90 9,498 10,352 18.84% Subconsultant DL $0.00 Direct Costs Total===> $0.00 $1,625.00 2.96% TOTALS 1 3391 13,9191 25,304 1 4,5941 9,4981 54,940 100.00% 39.223 BLR 05514(Rev.02/09/23) Printed 8/29/2024 2:18 PM COST EST Page 1 of 1 Local Public Agency County Section Number United City of Yorkville Kendall 24-00053-00-RS Consultant / Subconsultant Name Job Number Engineering Enterprises, Inc. C-93-023-25 AVERAGE HOURLY PROJECT RATES EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET SHEET 1 OF 2 Project Management and Project Startup and Construction Inspection PAYROLL AVG TOTAL PROJ.RATES Administration Closeout Construction Layout and Documentation Pay Estimates HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. I Avg E-4 Senior Principal 86.00 6.0 1.77% 1.52 2 16.67% 14.33 2 4.35% 3.74 2 7.69% 6.62 E-3 Principal 84.59 0.0 E-2 Senior Project Manag 75.58 0.0 E-1 Project Manager 59.55 34.0 10.03% 5.97 10 83.33% 49.63 8 17.39% 10.36 2 11.11% 1 6.62 6 2.60% 1.55 6 23.08% 13.74 P-6 Senior Project Engine 50.68 0.0 P-5 Senior Project Engine 44.64 0.0 P-4 Project Enginer/Surve 38.06 299.0 88.20% 33.57 36 78.26% 29.78 16 88.89% 33.83 225 97.40% 37.07 18 69.23% 26.35 T-6 Senior Project Technic 46.03 0.0 T-5 Senior Project Technic 47.42 0.0 T-4 Project Technician 39.06 0.0 T-3 Senior Technician 33.60 0.0 1-1 Engineering Intern 24.18 0.0 A-4 Executive Administrati 47.56 0.0 A-3 Administrative Assistai 32.99 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 TOTALS 339.0 100% $41.06 12.0 100.00% $63.96 46.0 1 100% $43.88 18.0 100% $40.45 231.0 100% $38.62 26.0 100% 1 $46.71 Printed 8/29/2024 2:19 PM BLR 05514(Rev.02/09/23) AVG 1 Page 1 of 1 Local Public Agency County Section Number United City of Yorkville Kendall 24-00053-00-RS Consultant / Subconsultant Name Job Number Engineering Enterprises, Inc. C-93-023-25 AVERAGE HOURLY PROJECT RATES EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS)WORKSHEET SHEET 2 OF 2 PAYROLL AVG Material Testing HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg E-4 Senior Principal 86.00 E-3 Principal 84.59 E-2 Senior Project Manager 75.58 E-1 Project Manager 59.55 2 33.33% 19.85 P-6 Senior Project Engineer/ 50.68 P-5 Senior Project Engineer/ 44.64 P-4 Project Enginer/Surveyor 38.06 4 66.67% 25.37 T-6 Senior Project Technicia 46.03 T-5 Senior Project Technicia 47.42 T-4 Project Technician 39.06 T-3 Senior Technician 33.60 1-1 Engineering Intern 24.18 A-4 Executive Administrative 47.56 A-3 Administrative Assistant 32.99 TOTALS 6.0 100% 1 $45.22 0.0 0% $0.00 0.0 0% $0.00 0.0 0% $0.00 0.0 0% $0.001 0.0 0% $0.00 Printed 8/29/2024 2:19 PM BLR 05514(Rev.02/09/23) AVG 2 Page 1 of 1 W VanEmmon S t W Fox St E Fox StS Bridge StW HydraulicAve Van Emmon Rd Bell StE Hydraulic Ave E Van Emmon St Heustis StMill StE Ridge St Benjamin StLegend Project Limits Engineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 www.eeiweb.com DATE DATE: PROJECT NO.: FILE: PATH: BY: FEBRUARY 2022 YO2204 YO2204 VanEmmon Street Location Map H:\GIS\PUBLIC\YORKVILLE\2022\ MJT NO.REVISIONS ³United City of Yorkville800 Game Farm RoadYorkville, IL 60560630-553-4350www.yorkville.il.us 200 0 200100 Feet EXHIBIT EE.VAN EMMON STREET LOCATION MAP EXHIBIT F bmna ENGINEERING INC. PROPOSAL August 21, 2024 To: Christopher J. Ott, PE, CPII Re: QA Materials Testing Services Engineering Enterprises, Inc. E.Van Emmon Street Roadway Resurfacing 52 Wheeler Rd Contract No. 87869 Sugar Grove, IL 60554 United City of Yorkville, Illinois C: 630-742-2051 Kendall County M: 630-466-6700 Proposal No. Q24.410 Via email: Cott(a)_eeiweb.com Dear Mr. Ott, Rubino Engineering, Inc. is pleased to submit the following proposal to provide QA construction materials testing and inspection services for the above referenced project. PROJECT UNDERSTANDING Rubino Engineering, Inc. received material quantities from Christopher J. Ott, PE, CPII of Engineering Enterprises, Inc. (EEI) on August 15, 2024 and the following outlines our understanding of the requested scope of services: Proiect Name and Description E.Van Emmon Street(from Bridge Street to City Limits) Roadway Resurfacing in Yorkville, IL General Scope of Services BITUMINOUS PAVING AND CONCRETE ■ Longitudinal Join Sealant Application Rate ■ QA Field testing of hot mix asphalt(HMA) o LR1030-2 Specification with Nuclear Gauge Acceptance or Core Acceptance o Random Number Generation required for the QC/QA Program for QA Nuclear Testing ■ QA Laboratory testing of HMA- Bulk SG, Max SG, and Loss on Ignition ■ QA Field testing of uncured concrete o Slump, air, temperature, and casting of cylinders o Laboratory testing of cured concrete—compressive strength Extras • Prime Coat/Tack Coat Application Rate Testing • Re-inspection for failed tests ■ Work areas not ready for inspection at the time scheduled ■ Delays by the contractor ■ Cancellations ■ Overtime • Any services not described and listed above Rubino Engineering, Inc. proposes to provide experienced, technical personnel to perform the requested testing in general accordance with the client-provided project specifications. If any of the above information is incorrect, please notify us or change it on the signed copy of the proposal. Based on your email on August 15th and the plan set provided to Rubino, the following summarizes our estimate for testing and is subject to change based on final scheduling: Rubino Engineering,Inc. •425 Shepard Drive a Elgin,IL 60123•(847)931-1555•(847)931-1560 fax E. Van Emmon Street Resurfacing in Yorkville,IL—QA Material Testing August 21,2024 Rubino Proposal No.Q24.410 Material Estimated Half f Full Day Number of trips LONGITUDINAL JOINT SEALANT SAMPLING/TESTING 1 Half(4 hours) BITUMINOUS PAVING-Surface and Binder 2 Full (8 hours) BITUMINOUS PAVING- Patching 1 Half(4 hours) CONCRETE 2 Half(4 hours) *Portal to Portal FEES The work will be accomplished on a CECS in accordance with the attached BLR 05514 Cost Estimate and will be performed pursuant to the attached General Conditions. Copies of our Schedule of Services and Fees and General Conditions are enclosed herewith and incorporated into this proposal.The estimated fee is$9,498. Rubino Engineering, Inc.'s fees will be determined by the actual amount of technical time expended for this project and the amount of laboratory testing performed by the client's request. Rubino Engineering, Inc. will proceed with the planned work only after receiving a signed copy of this proposal. Please complete the attached Project Data Sheet before returning the proposal to enable your file to be properly established. PROJECT SCHEDULING Please book testing services prior to 4pm the day before testing is needed via our website: https://rubinoeng.com/schedule-field-testing The office and field project manager will be notified, and you will receive a confirmation email and possibly a follow up phone call or email for additional project information. Changes to the schedule or cancellations: scheduling _(a-)-rubinoeng.com Please call the office with any questions or changes to the schedule between 8am to 4pm. CLOSING Rubino appreciates the opportunity to offer our services for this project and we look forward to working with your company. Please contact me with questions pertaining to this proposal or requests for additional services. Respectfully submitted, RUBINO ENGINEERING, INC. MAM ENMEERM,INC.IS: AN • . LmomToRy r • IDOT DBE-CERTIFIED 11 ' • • r Michel a A. Lipin E President michelle.lipinski(d)rubinoeng.com Rubino Engineering,Inc. Page 2 of 6 E. Van Emmon Street Resurfacing in Yorkville,IL—QA Material Testing August 21,2024 Rubino Proposal No.Q24.410 AUTHORIZATION AND PROPOSAL ACCEPTANCE If this proposal is acceptable to you, Rubino Engineering, Inc.will perform the work in accordance with the attached General Conditions that are incorporated into and made a part of this proposal. Please sign below as notice to proceed and return one copy of this proposal intact to our office. We will proceed with the work upon receipt of signed authorization. AGREED TO, THIS DAY OF , 20_. BY (please print): TITLE: COMPANY: SIGNATURE: PROJECT INFORMATION: 1. Project Name: 2. Project Location: 3. Your Job No: Purchase Order No.: 4. Project Manager: Telephone No.: 5. Site Contact: Telephone No.: 6. Number and Distribution of Reports: ( ) Copies To: ( ) Copies To: Attn: Attn: Email: Email: ( ) Copies To: ( ) Copies To: Attn: Attn: Email: Email: 7. Invoicing Address: Attn: Email: 8. Other Pertinent Information Or Previous Subsurface Information Available: Rubino Engineering,Inc. Page 3 of 6 E. Van Emmon Street Resurfacing in Yorkville,IL—QA Material Testing August 21,2024 Rubino Proposal No.Q24.410 REMARKS 1) All fees and services are provided in accordance with the attached Rubino Engineering, Inc.General Conditions. 2) Unit prices/rates are in effect for 6 months from the date of this proposal and are subject to change without notice thereafter if not noted above. Overtime rates are applicable for services performed in excess of 8 hours per day Monday through Friday,before 7:00 AM or after 3:00 PM, 3) and for all hours worked on Saturdays,Sundays and holidays.The overtime rate is 1.5 times the applicable hourly rate. Sundays and holidays are double time. 4) All rates are billed on a portal-to-portal basis. 5) Standby time due to delays beyond our control will be charged at the applicable hourly rate. 6) Transportation and per diem are charged at the applicable rates per trip. 7) Rates involving mileage(including transportation, mobilization,vehicle and trip charges)are subject to change based upon increases in the national average gasoline price. 8) A minimum charge of 4 hours applies to field testing and observation services up to 4 hours. Over 4 hours a minimum of 8 hours applies. Time calculated portal to portal and includes equipment loading,travel,and report preparation. g) Scheduling or cancellation of field testing and observation services is required no less than the working day prior to the date the services are to be performed.Services cancelled without advance and/or inadequate notice will be assessed a minimum 4-hour charge. 10) For all Rubino Engineering,Inc.services,a project management/engi need ng review charge will be billed for all reports issued for the scheduling/supervision of personnel and the evaluation/review of data and reports. 11) The minimum billing increment for time is a half hour. 12) A project set-up charge of a minimum of two hours applies to all projects. 13) Professional Services rates are exclusive of expert deposition or testimony time. This proposal is based on Rubino Engineering, Inc. being scheduled on an on-call basis and letters of certification will not be provided 14) unless Rubino Engineering, Inc.is notified in advance and Rubino Engineering,Inc.is scheduled for full time inspection and testing of the area or item to be certified. 15) If special inspections are required by the city where the construction is to take place,it must be brought to the attention of Rubino Engineering, Inc.prior to the start of construction as additional charges will apply. 16) Prevailing wage fees are subject to change based on the Illinois Department of Labor. 17) Services and fees not listed on this schedule may be quoted on request. Rubino Engineering,Inc. Page 4 of 6 E. Van Emmon Street Resurfacing in Yorkville,IL—QA Material Testing August 21,2024 Rubino Proposal No.Q24.410 1171577 Ril804EN ACORD. CERTIFICATE OF LIABILITY INSURANCE TINS C*RTWjCATE IS tWAV AS A MATTER OF T10N O%LY AND os 1#0 FVG"TS UPON TIW CERTIFICATE NOLDEW Tim tTWICAtt 00"NOT AF TiVELY OR PIEGATWELY AWN0,EXTEND OR ALTER THE COVERAGE WORDED SY TtIr PCKIMS tI€4OW TABS€ RTWICATEOFUMMANCf,OMS NOT CONSTnUrr A BRACT OETUVEEN THE ISSUM4i INSURFAt5j,Ai7TMORWFIB RE SENTAYwE R,AND rt*CERTWICATEHOLD" wV0WAWr_N Uy wUncoo h~to on ADOMONAL,OWMV,OW pW" }MkW h#ve ADDITIONAL INSURE-0 pralw"s of be QGATWN IS WNnO,wAww to Rrs t+uans tine t at th#p"".owum p hcws tsgrsas are .A statwoom on Its cefftficaw rises rw caagiea s to the cer#iic4de hoist in Neer ed such 0rmkwsemffdj2j, Lawrie C. USI ins Srvcs LLG€,i#Od-Prat 630 623.9219 - 61Q 527.4439 2€21 SprtnQ Road,Scar*100 ei.i art Oak Brook.K, 6GS23 y.arr CG,.t*A4A +max 312 442-7200 13056 R a �r •Caoparz� . 140;6 rae N+aw+�c# t 425 Shard M n Von_M. 60-123 m5~a w� CQ1rENA S c*RTw0QATE NkmAWA. REYISS4N R i •', ', w �.' xis =.i- to'x .4'f W. ".y f fit �= eC" 7.� at �`•�t=:i'u t.+seXr"�c� f `�:� 4 ..�;. ��zSu ti,*a;,.+tat�a" Uwm .4'! '", - c.+q VA, tax' -.if' r14 UA, ry<i Spar- "t. .. �.> r=G>•, czE` �.�uF- -a 7., Al, 'tl a.":7..:'tl, $f•kl_: :.,;E°ti%7.i Pi s:: ,,.. • J,, . Alt � ''ta'S:RdR"' asR : �a..r'i ti. zi`-`Aa _Atilt -A_At' AM TYPi !lrN:.' Y s lsflHr3 A X essessak4m csratwa:upow F. PS8#IMT" 01 4m 09 01 j .. A =atssaittsss i rs fry PSAAt141881 Ot'2 2 04'41'201 'Fx ,.«;• _ 1«DQ4,f100 7t 4< S A._ n, , A uAs X PSEDQQ2142 01 2029 09 01 202 _ _. 0�00p A '"Atmr F'8 01'2M 0$OI A `7 , xw WftO-sat LSAJW'r°r A 1 AWN 8 €Ptttleastonal 930tiOW19923 012#2a 0901202 92,000,00D each CUwn i iei Hy S4.OQt1.444 ilnrA #St#i*. �c.ewrnonn ar �'xxa i xrt+o+rs sacc rs,ac> ,tit +�+..�. r►6 re. ,� t�.��-«�a�a PrasrsvorW Lt ikly is Yrtilten an a'ciaitns mm**poky tarns, Some at&H*Mcwt am otcktdod from wattws COMP8610b6ft tr►i spa• CEHM�ATE . ET rLL A was EngmeetwqNtc. X DATE A -E BEa€cFVERED IN 425 Shapard Dr, ACC`DRD W-E VATM THE MACY 9. k4m.IL 60123 s«.fltrVY1 r�a�:ttNtaC-+aV f t r.... i 1k i ACOND COOPCOATIM AA ritris ram, ACORD 35 E261403i t Uf j the ACORG npatre and 16"arv# mrics sr AC040 IS417W=14A41674790 lflPZP Rubino Engineering,Inc. Page 5 of 6 E. van Emmon Street Resurfacing in Yorkville,IL—QA Material Testing August 21,2024 Rubino Proposal No.Q24.410 GENERAL CONDITIONS 1.PARTIES AND SCOPE OF SERVICES: Rubino Engineering,Inc.shall include said company or its particular division,subsidiary or affiliate performing the services. 'Services"means the specific geotechnical,analytical,testing or other service to be performed by Rubino Engineering,Inc.as set forth in Rubino Engineering,Inc.'s proposal,Client's acceptance thereof and these General Conditions. Additional services ordered by Client shall also be subject to these General Conditions. 'Client"refers to the person or business entity ordering the services to be done by Rubino Engineering,Inc. If Client is ordering the services on behalf of another,Client represents and warrants that it is the duly authorized agent of said party for the purpose of ordering and directing said services. Unless otherwise stated in writing,Client assumes sole responsibility for determining whether the quantity and the nature of the services ordered by the client is adequate and sufficient for Client's intended purpose. Client shall communicate these General Conditions to each and every third party to whom Client transmits any part of Rubino Engineering,Inc.'s services. Rubino Engineering,Inc.shall have no duty or obligation to any third party greater than that set forth in Rubino Engineering,Inc.'s proposal,Clients acceptance thereof and these General Conditions. The ordering of services from Rubino Engineering, Inc.,or the reliance on any of Rubino Engineering,Inc.'s work,shall constitute acceptance of the terms of Rubino Engineering,Inc.'s proposal and these General Conditions,regardless of the terms of any subsequently issued document. 2.TESTS AND INSPECTIONS: Client shall cause all tests and inspection of the site,materials and work performed by Rubino Engineering,Inc.or others to be timely and properly performed in accordance with the plans,specifications and contract documents and Rubino Engineering,Inc.'s recommendations. No claims for loss,damage or injury shall by brought against Rubino Engineering,Inc.by Client or any third party unless all tests and inspections have been so performed and unless Rubino Engineering,Inc.'s recommendations have been followed. Client agrees to indemnify,defend and hold Rubino Engineering,Inc.,its officers,employees and agents harmless from any and all claims,suits,losses,costs and expenses,including,but not limited to,court costs and reasonable attorney's fees in the event that all such tests and inspections are not so performed or Rubino Engineering,Inc.'s recommendations are not so followed except to the extent that such failure is the result of the negligence,willful or wanton act of omission of Rubino Engineering,Inc.,its officers,agents or employees,subject to the limitation contained in paragraph 9. 3.SCHEDULING OF SERVICES: The services set forth in Rubino Engineering,Inc.'s proposal and Client's acceptance will be accomplished in a timely,workmanlike and professional manner by RUBINO ENGINEERING,INC.personnel at the prices quoted. If Rubino Engineering,Inc.is required to delay commencement of the services or if,upon embarking upon its services,Rubino Engineering,Inc.is required to stop or interrupt the progress of its services as a result of changes in the scope of the services requested by Client,to fulfill the requirements of third parties,interruptions in the progress of construction,or other causes beyond the direct reasonable control of Rubino Engineering,Inc.,additional charges will be applicable and payable by.Client. 4.ACCESS TO SITE: Client will arrange and provide such access to the site as is necessary for Rubino Engineering,Inc.to perform the services. Rubino Engineering,Inc.shall take reasonable measures and precautions to minimize damage to the site and any improvements located thereon as the result of its services or the use of its equipment,however,Rubino Engineering,Inc.has not included in its fee the cost of restoration of damage which may occur. If Client desires or requires Rubino Engineering,Inc.to restore the site to its former condition,upon written request Rubino Engineering,Inc.will perform such additional services as is necessary to do so and Client agrees to pay Rubino Engineering,Inc.for the cost. 5.CLIENT'S DUTY TO NOTIFY ENGINEER: Client represents and warrants that it has advised Rubino Engineering,Inc.of any known or suspected hazardous materials,utility lines and pollutants at any site at which Rubino Engineering,Inc.is to perform services hereunder,and unless Rubino Engineering,Inc.has assumed in writing the responsibility of locating subsurface objects,structures,lines or conduits. Rubino Engineering,Inc.may use such information in performing its services and is entitled to rely upon the accuracy and completeness thereof. Client agrees to defend,indemnify and save Rubino Engineering,Inc.harmless from all claims,suits,loses costs and expenses,including reasonable attorney's fees as a result of personal injury,death or property damage occurring with respect to Rubino Engineering,Inc.'s performance of its work and resulting to or caused by contact with subsurface of latent objects,structures,lines or conduits where the actual or potential presence and location thereof were not revealed to Rubino Engineering,Inc.by Client and/or by any of Clients subcontractors or sub consultants 6.RESPONSIBILITY: Rubino Engineering,Inc.'s services shall not Include determining,supervising or implementing the means,methods,techniques,sequences or procedures of construction. Rubino Engineering,Inc.shall not be responsible for evaluating,reporting or affecting job conditions conceming health,safety or welfare. Rubino Engineering,Inc.'s services or failure to perform same shall not In any way excuse any contractor,subcontractor or supplier from performance of its work in accordance with the contract documents. Rubino Engineering,Inc.has no right or duty to stop the contractors work. 7.SAMPLE DISPOSAL: Unless otherwise agreed in writing,test specimens or samples will be disposed immediately upon completion of the test. All drilling samples or specimens will be disposed sixty (60)days after submission of Rubino Engineering,Inc.'s report. 8.PAYMENT: Client shall be invoiced once each month for services performed during the preceding period. Client agrees to pay each invoice within thirty(30)days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause in writing with said thirty(30)day period at the rate of eighteen(18)percent per annum(or the maximum interest rate permitted under applicable law),until paid- Client agrees to pay Rubino Engineering,Inc.'s cost of collection of all amounts due and unpaid after sixty(60)days,including court costs and reasonable attorneys fees. Rubino Engineering,Inc.shall not be bound by any provision or agreement requiring or providing for arbitration or disputes or controversies arising out of this agreement,any provision wherein Rubino Engineering,Inc.waives any rights to a mechanics'lien,or any provision conditioning Rubino Engineering,Inc.'s right to receive payment for its services upon payment to Client by any third party. These General Conditions are notice,where required,that Rubino Engineering,Inc.shall file a lien whenever necessary to collect past due amounts. Release of such lien shall be given only when payment in full has been received for services duly rendered. Failure to make payment within thirty(30)days of invoice shall constitute a release of Rubino Engineering,Inc.from any and all claims which Client may have, whether in tort,contract or otherwise and whether known or unknown at the time. 9.STANDARD OF CARE: RUBINO ENGINEERING,INC.'S SERVICES WILL BE PERFORMED,ITS FINDINGS OBTAINED AND ITS REPORTS PREPARED IN ACCORDANCE WITH ITS PROPOSAL, CLIENT'S ACCEPTANCE THEREOF,THESE GENERAL CONDITIONS AND WITH GENERALLY ACCEPTED PRINCIPLES AND PRACTICES. IN PERFORMING ITS PROFESSIONAL SERVICES, RUBINO ENGINEERING,INC.WILL USE THAT DEGREE OF CARE AND SKILL ORDINARILY EXERCISED UNDER SIMILAR CIRCUMSTANCES BY MEMBERS OF ITS PROFESSION. RUBINO ENGINEERING,INC.MAKES NO WARRANTIES,EITHER EXPRESS OR IMPLIED,IN CONNECTION WITH ITS SERVICES PROVIDED AS SET FORTH IN ITS PROPOSAL,CLIENT'S ACCEPTANCE THEREOF,AND THESE GENERAL CONDITIONS. STATEMENTS MADE IN RUBINO ENGINEERING,INC.REPORTS ARE OPINIONS BASED UPON ENGINEERING JUDGMENT AND ARE NOT TO BE CONSTRUED AS REPRESENTATIONS OF FACT. SHOULD RUBINO ENGINEERING,INC.OR ANY OF ITS PROFESSIONAL EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF ITS WORK,OR TO HAVE MADE AND BREACHED ANY EXPRESSED OR IMPLIED WARRANTY,REPRESENTATION OR CONTRACT,CLIENT,ALL PARTIES CLAIMING THROUGH CLIENT AND ALL PARTIES CLAIMING TO HAVE IN ANY WAY RELIED UPON RUBINO ENGINEERING,INC.'S WORK,AGREE THAT THE MAXIMUM AGGREGATE AMOUNT OF THE LIABILITY OF RUBINO ENGINEERING,INC.,ITS OFFICERS, EMPLOYEES AND AGENTS SHALL BE LIMITED TO$10,000.00 OR THE TOTAL AMOUNT OF THE FEE PAID TO RUBINO ENGINEERING,INC.FOR ITS WORK PERFORMED WITH RESPECT TO THE PROJECT,WHICHEVER AMOUNT IS GREATER. NO ACTION OR CLAIM,WHETHER IN TORT,CONTRACT OR OTHERWISE,MAY BE BROUGHT AGAINST RUBINO ENGINEERING,INC.,ARISING FROM OR RELATED TO RUBINO ENGINEERING, INC.'S WORK,MORE THAN TWO(2)YEARS AFTER THE CESSATION OF RUBINO ENGINEERING,INC.'S WORK HEREUNDER. 10.INDEMNITY: To the fullest extent permitted by law,Client and Rubino Engineering,Inc.each agree to indemnify the other party and the other parry's officers,directors,partners,employees,and representatives,from and against losses,damages,and judgments arising from claims by third parties,including reasonable attomeys'fees and expenses recoverable under applicable law,but only to the extent they are found to be caused by a negligent act,error,or omission of the indemnifying party or any of the indemnifying parts officers,directors,members,partners,agents,employees,subcontractors, or subconsultants in the performance of services under this Agreement. If claims,losses,damages,and judgments are found to be caused by the joint or concurrent negligence of Client and Rubino Engineering,Inc.,they shall be bome by each party in proportion to its negligence. 11.TERMINATION: This Agreement may be terminated by either party upon seven(7)days'prior written notice. In the event of termination,Rubino Engineering,Inc.shall be compensated by Client for all services performed up to and including the termination date,including reimbursable expenses and for the completion of such services and records as are necessary to place Rubino Engineering,Inc.'s files in order and/or protect its professional reputation. Failure of Client to make payments when due shall be cause for suspension of services or,ultimately,termination,unless and until Rubino Engineering Inc.has been paid in full all amounts due for services,expenses and other related changes. 12. DISPUTE RESOLUTION: In the event of a dispute arising out of or relating to this Agreement or the services to be rendered hereunder,the Client and Rubino Engineering,Inc.agree to attempt to resolve such disputes in the following manner: 1)The parties agree to attempt to resolve any and all unsettled claims,counterclaims,disputes and other matters in question through direct negotiations between the appropriate representatives of each party;2)if such negotiations are not fully successful,the parties agree to submit any and all remaining unsettled claims,counterclaims,disputes and other matters in question to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association,effective as of the date of this Agreement. 13.WITNESS FEES: Rubino Engineering,Inc.'s employees shall not be retained as expert witnesses except by separate written agreement. Client agrees to pay Rubino Engineering,Inc.'s legal expenses, administrative costs and fees pursuant to Rubino Engineering,Inc.'s then current fee schedule for Rubino Engineering,Inc.to respond to any subpoena. 14.NO HIRE:Client agrees not to hire Rubino Engineering,Inc.'s employees except through Rubino Engineering,Inc. In the event Client hires a Rubino Engineering,Inc.employee,Client shall pay Rubino Engineering,Inc.an amount equal to one-half of the employee's annualized salary,with Rubino Engineering,Inc.waiving other remedies it may have. 15.HAZARDOUS MATERIALS: Nothing contained within this agreement shall be construed or interpreted as requiring Rubino Engineering,Inc.to assume the status of an owner,operator,generator, storer,transporter,treater or disposal facility as those terms appear within RCRA,CERCLA,or within any Federal or State statute or regulation governing the generation,transportation,treatment,storage and disposal of pollutants. Client assumes full responsibility for compliance with the provisions of RCRA,CERCLA,and any other Federal or State statute or regulation governing the handling,treatment, storage and disposal of pollutants. 16.PROVISIONS SEVERABLE: The parties have entered into this agreement in good faith and it is the specific intent of the parties that the terms of the General Conditions be enforced as written. In the event any of the provisions of these General Conditions should be found to be unenforceable,it shall be stricken and the remaining provisions shall be enforceable. 17.ENTIRE AGREEMENT: This agreement constitutes the entire understanding of the parties,and there are no representations,warranties or undertakings made other than as set forth herein. This agreement may be amended,modified or terminated only in writing,signed by each of the parties hereto. Rubino Engineering,Inc. Page 6 of 6 EXHIBIT D Illinois Department COST ESTIMATE OF CONSULTANT SERVICES(CECS)WORKSHEET of Transportation FIXED RAISE Local Public Agency County Section Number City of Yorkville Kendail 24-00053-00-RS Prime Consultant (Firm) Name Prepared By Date En ineering Enterprises, Inc. Michelle Lipinski 1 18/21/2024 Consultant/ Subconsultant Name Job Number Rubino Engineering, Inc. C-93-023-25 Note: This is name of the consultant the CECS is being completed for. This name appears at the top of each tab. Remarks Q24.410 E.Van Emmon Street(FAU 2515)in Yorkville, Illinois This project is following the LR1030-2 specification (Nuclear Gauge or Core Acceptance: TBD) PAYROLL ESCALATION TABLE CONTRACT TERM 7 MONTHS OVERHEAD RATE 176.27% START DATE 4/1/2025 COMPLEXITY FACTOR RAISE DATE 3/1/2026 %OF RAISE END DATE 10/31/202� ESCALATION PER YEAR %Of Year First Date Last Date Months Contract 0 4/1/2025 10/31/2025 7 100.00% The total escalation = 0.00% BLR 05514(Rev. 02/09/23) Printed 8/21/2024 7:49 PM ESCALATION Local Public Agency County Section Number lCity of Yorkville Kendall 24-00053-00-RS Consultant / Subconsultant Name Job Number Rubino Engineering, Inc. C-93-023-25 PAYROLL RATES EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS)WORKSHEET FIXED RAISE MAXIMUM PAYROLL RATE 86.00 ESCALATION FACTOR [DOT CLASSIFICATION PAYROLL RATES CALCULATED RATE ON FILE Material Tester 1 &2 $44.04 $44.04 Project Manager/Engineer $50.22 $50.22 Staff Engineer/Geologist/Soil Scientist $37.07 $37.07 Laboratory Staff $32.00 $32.00 Principal $74.00 $74.00 BLR 05514(Rev.02/09/23) Printed 8/21/2024 7:49 PM RATES Page 2 of 5 Local Public Agency County Section Number City of Yorkville -� Kendall 24-00053-00-RS Consultant/Subconsultant Name Job Number Rubino Engineering,Inc. C-93-023-25 DIRECT COSTS WORKSHEET List ALL direct costs required for this project. Those not listed on the form will not be eligible for reimbursement by the LPA on this project. EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES(CECS)WORKSHEET CONTRACT ITEM ALLOWABLE QUANTITY RATE TOTAL Lodging Actual Cost $0.00 (per GOVERNOR'S TRAVEL CONTROL BOARD) (Up to state rate maximum Lodging Taxes and Fees Actual Cost $0.00 (per GOVERNOR'S TRAVEL CONTROL BOARD Air Fare Coach rate,actual cost,requires minimum two weeks' $0.00 notice,with prior IDOT approval Vehicle Mileage Up to state rate maximum $0.00 (per GOVERNOR'S TRAVEL CONTROL BOARD Vehicle Owned or Leased $32.50/half day(4 hours or less)or$65/full day 9 $65.00 $585.00 Vehicle Rental Actual Cost(Up to$55/day) $0.00 Tolls Actual Cost $0.00 Parking Actual Cost $0.00 Overtime Premium portion(Submit supporting documentation) $0.00 Shift Differential Actual Cost(Based on firm's policy) $0.00 Overnight Delivery/Postage/Courier Service Actual Cost(Submit supporting documentation) $0.00 Copies of Deliverables/Mylars(in-house) Actual Cost(Submit supporting documentation) $0.00 Copies of Deliverables/Mylars(Outside) Actual Cost(Submit supporting documentation) $0.00 Project Specific Insurance Actual Cost $0.00 Monuments(Permanent) Actual Cost $0.00 Photo Processing Actual Cost $0.00 2-Way Radio(Survey or Phase III Only) Actual Cost $0.00 Telephone Usage(Traffic System Monitoring Only) Actual Cost $0.00 CADD Actual Cost(Max$15/hour) $0.00 Web Site Actual Cost(Submit supporting documentation) $0.00 Advertisements Actual Cost(Submit supporting documentation) $0.00 Public Meeting Facility Rental Actual Cost(Submit supporting documentation) $0.00 Public Meeting Exhibits/Renderings&Equipment Actual Cost(Submit supporting documentation) $0.00 Recording Fees Actual Cost $0.00 Transcriptions(specific to project) Actual Cost $0.00 Courthouse Fees Actual Cost $0.00 Storm Sewer Cleaning and Televising Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00 Traffic Control and Protection Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00 Aerial Photography and Mapping Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00 Utliity Exploratory Trenching Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00 Testing of Soil Samples Actual Cost $0.00 Lab Services Actual Cost(Provide breakdown of each cost) 2 $468.25 $936.50 Equipment and/or Specialized Equipment Rental Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00 Nuclear Gauge Inhouse Direct Cost 4 $50.00 $200.00 Standard Proctor Inhouse Direct Cost $267.00 $0.00 Cylinders Inhouse Direct Cost 12 $19.50 $234.00 Core Densities Inhouse Direct Cost 4 $44.50 $178.00 TOTAL DIRECT COSTS: aLl it 8/21/2024 7:49 PM le3of5 Local Public Agency County Section Number City of Yorkville Kendall 24-00053-00-RS Consultant / Subconsultant Name Job Number Rubino Engineering, Inc. C-93-023-25 COST ESTIMATE WORKSHEET EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET OVERHEAD RATE- 176.27% COMPLEXITY FACTORQO DIRECT COSTS (not included in OVERHEAD&FRINGE SERVICES BY %OF GRAND TASK row totals) STAFF HOURS PAYROLL BENEFITS FIXED FEE OTHERS TOTAL TOTAL Material Tester 1 &2 2,134 51.75 2,381 4,197 786 7,364 77.53% Subconsultant DL $0.00 Direct Costs Total=__> $2,133.50 $2,133.50 22.46% TOTALS 51.75 2,381 4,1971 7861 9,498 99.99% 6,578 BLR 05514(Rev. 02/09/2" ited 8/21/2024 7:49 PM COST ES Local Public Agency County Section Number amity of Yorkville lKendall 24-00053-00-RS Consultant / Subconsultant Name Job Number Rubino Engineering, Inc. C-93-023-25 AVERAGE HOURLY PROJECT RATES EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET SHEET 1 OF 1 PAYROLL AVG TOTAL PROJ.RATES Material Tester 1 &2 HOURLY Hours % Wgtd Hours % Wgtd Hours %, Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Oaterial Tester 1 &2 44.04 42.0 81.16% 35.74 42 81.16% 35.74 project Manager/Enginee 50.22 8.0 15.46% 7.76 8 15.46% 7.76 Staff Engineer/Geologist j 37.07 0.0 _aboratory Staff 32.00 0.0 3rincipal 74.00 1.8 3.38% 1 2.50 1.75 3.38% 2.50 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 TOTALS 51.8 100% $46.01 51.8 100.000 $46.01 0.0 0% $0.00 0.0 0% $0.00 0.0 0% $0.00 0.0 0% ited 8/21/2024 7:49 PM BLR 05514 (Rev. 02/0912: