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Resolution 2024-59
Resolution No. 2024-59 RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING AN ENGINEERING AGREEMENT WITH ENGINEERING ENTERPRISES, INC. WHEREAS,the United City of Yorkville, Kendall County, Illinois(the "City') is a non- home rule municipality duly organized and validly existing in accordance with the Constitution of the State of Illinois and the laws of this State; and WHEREAS,the City's Public Works Department plans to conduct certain improvements to Kennedy Road(the "Project"); and WHEREAS, completion of the Project will require engineering services conducted by an outside engineering firm; and WHEREAS,Engineering Enterprises,Inc.,of Sugar Grove,Illinois("EEI"),has prepared an agreement between EEI and the City for engineering services related to the Project (the "Agreement"), said Agreement being attached hereto as Exhibit A; and WHEREAS, EEI has provided engineering services for various projects completed by the City,and the City administration has found that EEI is a qualified and experienced engineering firm; and WHEREAS, the City administration recommends approval of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council (the "Corporate Authorities") of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The foregoing recitals are hereby incorporated in this Resolution as the findings of the Corporate Authorities. Section 2. The Mayor and City Clerk are hereby authorized to execute a Professional Services Agreement between the United City of Yorkville and Engineering Enterprises, Inc.,for Resolution No.2024-59 Page 1 Kennedy Road Roadway Improvements—Phase 1, attached hereto as Exhibit A. Section 3. This Resolution shall be in full force and effect from and after its passage and approval according to law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 26th day of November, A.D. 2024. tint Y CLERK KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING ABSENT 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 ar° day of oec-em -eJY , A.D. 2024. MAYOR Attest: C CLERK Resolution No. 2024-59 Page 2 UNITED CITY OF YORKVILLE KENNEDY ROAD ROADWAY IMPROVEMENTS-PHASE I Kennedy Road Roadway Improvements— Phase I United City of Yorkville Professional Services Agreement THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred to as the "City" or "OWNER" and Engineering Enterprises, Inc. hereinafter referred to as the "Contractor" or"ENGINEER" agrees as follows: A. Services: ENGINEER agrees to furnish to the City the following services: The ENGINEER shall provide any and all necessary Phase I engineering services to the City as indicated on the Scope of Services (Attachment B). Phase I Engineering for all locations indicated on Attachment D will be provided. Phase II Design & Phase III Construction Engineering services are not included and would be provided in a separate agreement. Engineering will be in accordance with all City and Illinois Department of Transportation requirements. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non-terminating party or upon completion of the Services. Upon termination the ENGINEER shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to ENGINEER: ENGINEER shall receive as compensation for all work and services to be performed herein, an amount based on the Estimated Level of Effort and Associated Cost included in Attachment C. Phase I Engineering will be paid for as a Fixed Fee (FF) in the amount of$324,764, of which direct expenses are estimated at $54,444. The hourly rates for this project are shown in Attachment F. All payments will be made according to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract is designated in Section B hereof as an Ongoing Contract, ENGINEER, on or before February 1st of any given year, shall provide written notice of any change in the rates specified in Section C hereof (or on any PAGE 1 UNITED CITY OF YORKVILLE KENNEDY ROAD ROADWAY IMPROVEMENTS-PHASE I attachments hereto) and said changes shall only be effective on and after May 1st of that same year. E. Ownership of Records and Documents: ENGINEER agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. ENGINEER agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the freedom of information act or if already previously disclosed by a third party. Upon termination of this agreement, ENGINEER agrees to return all such materials to the City. The City agrees not to modify any original documents produced by ENGINEER without contractors consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER's sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER's sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kendall County, Illinois. G. Independent Contractor: ENGINEER shall have sole control over the manner and means of providing the work and services performed under this agreement. The City's relationship to the ENGINEER under this agreement shall be that of an independent contractor. ENGINEER will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery: The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. 111 it PAGE 2 UNITED CITY OF YORKVILLE KENNEDY ROAD ROADWAY IMPROVEMENTS-PHASE I Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in default for a period of six months or more in an amount of$600 or more on the repayment of any educational loan guaranteed by the Illinois State Scholarship Commission made by an Illinois institution of higher education or any other loan made from public funds for the purpose of financing higher education (5 ILCS 385/3). Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony. Barred from Contracting: The Contractor certifies that it has not been barred from contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois Compiled Statutes 5/33E or similar law of another state. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). 4#1 PAGE 3 UNITED CITY OF YORKVILLE KENNEDY ROAD ROADWAY IMPROVEMENTS-PHASE I Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment under the Contract, all books and records relating to the performance of the Contract and necessary to support amounts charged to the City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City and the Illinois Auditor General. If this Contract is funded from contract/grant funds provided by the U.S. Government, the Contract, books, and records shall be available for review and audit by the Comptroller General of the U.S. and/or the Inspector General of the federal sponsoring agency. The Contractor agrees to cooperate fully with any audit and to provide full access to all relevant materials. United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in accordance with requirements imposed by the Internal Revenue Services for withholding and reporting federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen Resident Alien Non-Resident Alien The Internal Revenue Service requires that taxes be withheld on payments made to non resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its Federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): Individual Real Estate Agent Sole Proprietorship Government Entity Partnership Tax Exempt Organization (IRC 501(a) only) x Corporation Not for Profit Corporation Trust or Estate Medical and Health Care Services Provider Corp. I. Indemnification: ENGINEER shall indemnify and hold harmless the City and City's agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by ENGINEER or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of ENGINEER or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall the either party indemnify any • 4, PAGE 4 UNITED CITY OF YORKVILLE KENNEDY ROAD ROADWAY IMPROVEMENTS-PHASE I other party for the consequences of that party's negligence, including failure to follow the ENGINEER's recommendations. J. Insurance: The ENGINEER agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied) K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attachments. Except for those terms included on the attachments, no additional terms are included as a part of this agreement. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of exhibits is as follows: Attachment A: Standard Terms and Conditions Attachment B: Scope of Services — Phase I Engineering Attachment C: Estimated Level of Effort and Associated Cost Attachment D: Location Map Attachment E: Estimated Schedule Attachment F: 2024 Standard Schedule of Charges Attachment G: Huff& Huff Proposal Attachment H: Rubino Engineering Proposal 1 PAGE 5 UNITED CITY OF YORKVILLE KENNEDY ROAD ROADWAY IMPROVEMENTS-PHASE I L. Notices: All notices required to be given under the terms of this agreement shall be given mail, addressed to the parties as follows: For the City: For the ENGINEER: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 651 Prairie Pointe Drive Sugar Grove, IL 60554 Yorkville, IL 60560 Either of the parties may designate in writing from time-to-time substitute addresses or persons in connection with required notices. Agreed to this an�day of D-e CCM be/Y.- , 2024. United C' o Yorkville: Engineering Enterprises, Inc.: /2 John Purcell Brad Sanderson, PE Mayor Chief Operating Officer/ President I )\.,G(-L f4eAALr&L •/4,17,/L adri4e-J Jori Behland 40ibprati are'/rSnC City Clerk Executive Assistant II kit' PAGE 6 ENGINEERING ENTERPRISES, INC. ATTACHMENT A-AUGUST 2024 STANDARD TERMS AND CONDITIONS Agreement: These Standard Terms and Conditions, together with the Professional Services Agreement, constitute the entire integrated agreement between the OWNER and Engineering Enterprises, Inc.(EEI)(hereinafter"Agreement"),and take precedence over any other provisions between the Parties.These terms may be amended,but only if both parties consent in writing. Standard of Care: In providing services under this Agreement,the ENGINEER will endeavor to perform in a matter consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under same circumstances in the same locality. ENGINEER makes no other warranties,express or implied,written or oral under this Agreement or otherwise,in connection with ENGINEER'S service. Construction Engineering and Inspection: The ENGINEER shall not supervise, direct, control, or have authority over any contractor work, nor have authority over or be responsible for the means, methods, techniques sequences, or procedures of construction selected or used by any contractor,or the safety precautions and programs incident thereto,for security or safety of the site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's fumishing and performing of its work. The ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the contract documents. The ENGINEER is not responsible for the acts or omissions of any contractor,subcontractor, or supplies,or any of their agents or employees or any other person at the site or otherwise fumishing or performing any work. Shop drawing and submittal review by the ENGINEER shall apply to only the items in the submissions and only for the purpose of assessing if upon installation or incorporation in the project work they are generally consistent with the construction documents. OWNER agrees that the contractor is solely responsible for the submissions and for compliance with the construction documents. OWNER further agrees that the ENGINEER'S review and action in relation to these submissions shall not constitute the provision of means, methods, techniques, sequencing or procedures of construction or extend or safety programs or precautions. The ENGINEER'S consideration of a component does not constitute acceptance of the assembled items. The ENGINEER'S site observation during construction shall be at the times agreed upon in the Project Scope. Through standard, reasonable means the ENGINEER will become generally familiar with observable completed work. If the ENGINEER observes completed work that is inconsistent with the construction documents, that information shall be communicated to the contractor and OWNER for them to address. Opinion of Probable Construction Costs: ENGINEER'S opinion of probable construction costs represents ENGINEER'S best and reasonable judgment as a professional engineer.OWNER acknowledges that ENGINEER has no control over construction costs of contractor's methods of determining pricing,or over competitive bidding by contractors,or of market conditions or changes thereto. ENGINEER cannot and does not guarantee that proposals,bids or actual construction costs will not vary from ENGINEER'S opinion of probable construction costs. Copies of Documents&Electronic Compatibility: Copies of Documents that may be relied upon by OWNER are limited to the printed copies(also known as hard copies)that are signed or sealed by the ENGINEER.Files in electronic media format of text,data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER.Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format,ENGINEER makes no representations as to long term compatibility,usability,or readability of documents resulting from the use of software application packages,operating systems,or computer hardware differing from those used by ENGINEER at the beginning of the project. Changed Conditions: If,during the term of this Agreement,circumstances or conditions that were not originally contemplated by or known to the ENGINEER are revealed, to the extent that they affect the scope of services, compensation, schedule, allocation of risks,or other material terms of this Agreement,the ENGINEER may call for renegotiation of appropriate portions of this Agreement. The ENGINEER shall notify the OWNER of the changed conditions necessitating renegotiation,and the ENGINEER and the OWNER shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. If terms cannot be agreed to,the parties agree that either party has the absolute right to terminate this Agreement, in accordance with the termination provision hereof. Hazardous Conditions: OWNER represents to ENGINEER that to the best of its knowledge no Hazardous Conditions (environmental or otherwise)exist on the project site.If a Hazardous Condition is encountered or alleged,ENGINEER shall have the obligation to notify OWNER and, to the extent of applicable Laws and Regulations, appropriate govemmental officials. It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a Hazardous Condition. In the event ENGINEER or any other party encounters a Hazardous Condition,ENGINEER may,at its option and without liability for consequential or any other damages,suspend performance of services on the portion of the project affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Condition;and(ii)warrants that the project site is in full compliance with applicable Laws and Regulations. Consequential Damages: Notwithstanding any other provision of this Agreement,and to the fullest extent permitted by law,neither the OWNER nor the ENGINEER,their respective officers,directors,partners,employees,contractors,or subcontractors shall be liable to the other or shall make any claim for any incidental, indirect,or consequential damages arising out of or connected in any way to the Project or to this Agreement.This mutual waiver of consequential damages shall include,but is not limited to,loss of use,loss of ■ PAGE 1 ENGINEERING ENTERPRISES, INC. ATTACHMENT A-AUGUST 2024 profit, loss of business, loss of income, loss of reputation,or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. Termination: This Agreement may be terminated for convenience,without cause, upon fourteen(14)days written notice of either party. In the event of termination,the ENGINEER shall prepare a final invoice and be due compensation as set forth in the Professional Services Agreement for all costs incurred through the date of termination. Either party may terminate this Agreement for cause upon giving the other party not less than seven(7)calendar days'written notice for the following reasons: (a) Substantial failure by the other party to comply with or perform in accordance with the terms of the Agreement and through no fault of the terminating party; (b) Assignment of the Agreement or transfer of the project without the prior written consent of the other party; (c) Suspension of the project or the ENGINEER'S services by the OWNER for a period of greater than ninety(90) calendar days,consecutive or in the aggregate. (d) Material changes in the conditions under which this Agreement was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. Payment of Invoices: Invoices are due and payable within 30 days of receipt unless otherwise agreed to in writing. Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the OWNER or the ENGINEER. The ENGINEER'S services under this Agreement are being performed solely and exclusively for the OWNER'S benefit,and no other party or entity shall have any claim against the ENGINEER because of this Agreement or the performance or nonperformance of services hereunder.The OWNER and ENGINEER agree to require a similar provision in all contracts with contractors,subcontractors,vendors and other entities involved in this Project to carry out the intent of this provision. Force Majeure: Each Party shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure(defined below)and the nonperforming party promptly provides notice of such prevention to the other party.Such excuse shall be continued so long as the condition constituting force majeure continues.The party affected by such force majeure also shall notify the other party of the anticipated duration of such force majeure,any actions being taken to avoid or minimize its effect after such occurrence,and shall take reasonable efforts to remove the condition constituting such force majeure. For purposes of this Agreement,"force majeure"shall include conditions beyond the control of the parties,including an act of God,acts of terrorism,voluntary or involuntary compliance with any regulation, law or order of any govemment,war,acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic,failure or default of public utilities or common carriers,destruction of production facilities or materials by fire,earthquake,storm or like catastrophe.The payment of invoices due and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer. Additional Terms or Modification: All prior understandings and agreements between the parties are merged into this Agreement, and this Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by both parties. In the event that any provisions of this Agreement shall be held to be invalid or unenforceable,the remaining provisions shall be valid and binding on the parties. Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under or interest in this Agreement without the prior written consent of the other party. Subcontracting normally contemplated by the ENGINEER shall not be considered an assignment for purposes of this Agreement. Waiver: A party's waiver of,or the failure or delay in enforcing any provision of this Agreement shall not constitute a waiver of the provision,nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Attorney's Fees: In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover from the other all costs and expenses including without limitation the reasonable fees of its attorneys in such action or proceeding,including costs of appeal,if any,in such amount as the Court may adjudge reasonable. Fiduciary Duty: Nothing in this Agreement is intended to create, nor shall it be construed to create,a fiduciary duty owed to either party to the other party. EEI makes no warranty,express or implied,as to its professional services rendered. Headings: The headings used in this Agreement are inserted only as a matter of convenience only, and in no way define, limit, enlarge,modify,explain or define the text thereof nor affect the construction or interpretation of this Agreement. ■ kir PAGE 2 Kennedy Road Roadway Improvements - Phase I Surface Transportation Program United City of Yorkville Attachment B - Scope of Services Phase I Engineering The United City of Yorkville requires Phase I Engineering services for the Kennedy Road Roadway Improvements project. This project will be funded through Kane/Kendall Council of Mayors and will utilize federal Surface Transportation Program funding. A location map of the proposed improvements can be found in Attachment D of this proposal. The scope of the project includes roadway realignment, roadway widening, addition of shoulders, roadway signing and the analysis of other safety measures deemed necessary for Kennedy Road from Freedom Place to Emerald Lane. In order to successfully complete this project, various items will need to be addressed during Phase I engineering. Our proposed scope of services will include the following: 1.1 Project Management, Coordination and Administration • Project Management and Coordination • Subconsultant Coordination and Review • Coordination with the City • Monitoring project schedule, staffing and budget 1.2 FHWA and IDOT Coordination and Meetings • IDOT District Three Phase I Kick-Off Meeting • Kick-off Meeting with City Staff • IDOT and FHWA Project Meetings (2 meetings) • IDOT Project Development Report (PDR) Review Meetings (2 meetings) 1.3 Data Collection and Analysis of Existing Conditions • Perform Design JULIE to obtain atlases from utility companies in the area • Obtain information from the City regarding existing and proposed plans and any other pertinent information available to assist in the Phase I design • Analysis of existing traffic data • Analysis of existing crash data 1.4 Boundary and Topographic Survey and Field Inspection • Boundary Survey • Topographic Survey of the proposed limits along Kennedy Road will be completed including structure inventory sheets that shall provide invert elevations, top of pipe elevations, sewer and pipe sizes for all utilities and sewers within the project limits • Field Visit to inspect the existing conditions 1.5 Geotechnical Coordination and Review • Coordinate the completion of soil borings by Rubino Engineering • Coordinate geotechnical report with Rubino Engineering • Review geotechnical report Kennedy Road Roadway Improvements—Phase I Engineering Engineering Agreement Attachment B— Scope of Services 1.6 Alternate Design Studies • Investigate alternate designs as required by FHWA. Alternate designs will be investigated that can improve safety of the roadway, reduce ROW acquisition, improve drainage or other design considerations 1.7 Environmental Studies and Documentation • Submit Environmental Survey Request(ESR) o Submit the ESR Prescreen Forms to IDOT o Biological Clearances o Cultural Clearances o Tree Survey (Huff and Huff) o Wetland Delineation and Report (Huff and Huff) o Special Lands and Section 4(f) Evaluation o Preliminary Environmental Site Assessment (PESA) (Huff and Huff) o Prepare Photo Log of project limits 1.8 Drainage Studies • Identify and evaluate the existing drainage conditions and address any deficiencies • Complete any necessary drainage calculations • Preliminary storm sewer and ditch sizing • Drainage Technical Memorandum • Identify permits required to be obtained in Phase II • Qa/Qc of Drainage Technical Memorandum 1.9 Preliminary Traffic Capacity Analysis • Perform 24-Hour Traffic Counts at the intersection of Kennedy Road and Bristol Ridge Road (DLZ) • Contact CMAP for future traffic projections of current traffic volumes • Perform traffic capacity analysis for the intersection of Kennedy Road and Bristol Ridge Road to determine adequacy of the turn lanes at the intersection for both existing conditions and the design year(2050) • Submit capacity analysis to the City • Qa/Qc 1.10 Final Traffic Capacity Analysis • Update Traffic Capacity Analysis based on review comments from the City • Qa/Qc 1.11 Proposed Improvement Plans, Typical Sections and Cost Estimates • Create proposed improvement plans • ROW/Easement needs analysis • Create preliminary typical sections • Preliminary cost estimate • Qa/Qc 1.12 Traffic Maintenance • Investigate preliminary maintenance of traffic schemes Kennedy Road Roadway Improvements—Phase I Engineering Engineering Agreement Attachment B— Scope of Services 1.13 Preliminary Project Development Report (PDR) • Prepare draft PDR report • Prepare all exhibits and attachments required for the PDR • Qa/Qc • Submit PDR to the City and IDOT for review 1.14 Final Project Development Report(PDR) • Make any revisions to the PDR report based on comments received from IDOT and the City • Prepare final PDR report for Design Approval • Qa/Qc • Prepare Disposition of IDOT and City Comments 1.15 Public Involvement • Put together announcement, brochures and exhibits for Public Meeting • Set up public meeting at location of City's choice • Attend Public Meeting • Respond to comments received during the Public Meeting and send out meeting minutes • Any additional public involvement required by the FHWA Exclusions: • No allowance has been made for a full Intersection Design Study (IDS) for the intersection of Kennedy Road and Bristol Ridge Road. • No allowance has been made for full topographic survey along Bristol Ridge Road • No allowance has been made for Phase II Design Engineering • No allowance has been made for Phase III Construction Engineering • No allowance has been made for the preparation of construction documents, as a result, no bidding and letting services will be provided • No allowance has been made for a Preliminary Site Investigation (PSI) • No allowance has been made for preparing permit applications or obtaining permits for the project. The project development report will only identify the permits that are to be acquired during Phase II engineering The following program guidelines for the Kennedy Road Roadway Improvements will be employed to ensure the best possible end result for the City: • Employ Quality Control/Quality Assurance procedures and implement and monitor the procedures for the duration of the project. • Communicate with all parties relative to the status of the project through meetings, correspondence, and telephone conversations. • Provide the required coordination between the City and other regulatory agencies. • Provide early identification of issues or potential problem areas related to technical scheduling or budgetary goals. Kennedy Road Roadway Improvements—Phase I Engineering Engineering Agreement Attachment B— Scope of Services O OD N O0 O N 20 N0 0 0 0 20 N D O O O O .700i N N N aD O le O V O O CO 4- V N N V Cr) 47 c7 O f� N co O ch - O D) V N C) VI N N. 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ATTACHMENT F- STANDARD SCHEDULE OF CHARGES-JANUARY 1, 2024 EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $246.00 Principal E-3 $241.00 Senior Project Manager E-2 $234.00 Project Manager E-1 $210.00 Senior Project Engineer/Surveyor II P-6 $200.00 Senior Project Engineer/Surveyor I P-5 $186.00 Project Engineer/Surveyor P-4 $168.00 Senior Engineer/Surveyor P-3 $155.00 Engineer/Surveyor P-2 $140.00 Associate Engineer/Surveyor P-1 $127.00 Senior Project Technician II T-6 $175.00 Senior Project Technician I T-5 $164.00 Project Technician T-4 $153.00 Senior Technician T-3 $140.00 Technician T-2 $127.00 Associate Technician T-1 $111.00 GIS Technician II G-2 $125.00 GIS Technician I G-1 $114.00 Engineering/Land Surveying Intern I-1 $ 82.00 Executive Administrative Assistant A-4 $ 77.00 Administrative Assistant A-3 $ 72.00 VEHICLES. REPROGRAPHICS, DIRECT COSTS, DRONE AND EXPERT TESTIMONY Vehicle for Construction Observation $ 20.00 In-House Scanning and Reproduction $0.25/Sq. Ft. (Black & White) $1.00/Sq. Ft. (Color) Reimbursable Expenses (Direct Costs) Cost Services by Others (Direct Costs) Cost + 10% Unmanned Aircraft System / Unmanned Aerial Vehicle / Drone $ 225.00 Expert Testimony $ 275.00 52 Wheeler Road • Sugar Grove, IL 60554 • Tel: 630.466.6700 • Fax: 630.466.6701 • www.eeiweb.com ATTACHMENT G a E * r��,4 Huff&Huff. A Subsidiary of GZA July 30, 2024 Mr.Joe Cwynar, JCwvnar@eeiweb.com P.E. Via Email:JCw nar eeiweb.com Senior Project Manager Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, IL 60554 Re: Phase I Environmental Services: Kennedy Road Roadway Improvements GEOTECHNICAL Yorkville, Kendall County, Illinois ENVIRONMENTAL Proposal No.:81.P013080.25 ECOLOGICAL WATER Dear Mr. Cwynar: CONSTRUCTION MANAGEMENT Huff & Huff, Inc., a subsidiary of GZA, Inc. (H&H) is pleased to submit this proposal to Engineering Enterprises, Inc. (Client) to conduct Phase I environmental services for the proposed improvements project along Kennedy Road in the City of Yorkville, Kendall County, Illinois (City). We understand the project involves reconstruction along Kennedy Road with project limits extending from Freedom Place to Emerald Lane (approximately 1.25 miles). gi5HargerRoad Client has requested completion of a wetland and waterway/surface waters delineation,tree Suite33o survey, and a Preliminary Environmental Site Assessment (PESA). Oak Brook,IL 60523 T:63o.684.gioo This proposal presents our: Project Understanding;Scope of Services; Level of Effort,Cost,and F:63o.684.9i2o Schedule; and Proposal Acceptance.Terms and Conditions are included as an attachment. www.huffnhuff.com www.gza.com 1. PROJECT UNDERSTANDING H&H understands that based on a cursory desktop review completed for the project location, as well as a review of the National Wetlands Inventory(NWI) Map and current aerial imagery, wetlands and constructed stormwater features are likely present within and/or immediately adjacent to the project limits. In preparing this proposal, H&H has made the following assumptions and comments: • The City has received STP-L federal Funding for this project through Kane Kendall Council of Mayors (KKCOM) in the fiscal year 2028 and the project is to follow IDOT protocols; • Phase I services requested herein are to be paid utilizing local funds provided by the City and therefore IDOT-style invoicing is not necessary; • If this project were processed through IDOT Local Roads, biological and cultural clearances would be available through the IDOT Environmental Survey Request (ESR) process.The submittal of an Environmental Survey Request through IDOT is not included in this scope of services; • The project limits are estimated based on Client provided Figure (Attachment D — Kennedy Road Roadway Improvements—Phase I Location Map) received via email on July 24, 2024; • The scope of the project includes roadway realignment, roadway widening, addition of shoulders, roadway signing,and the analysis of other safety measures deemed necessary to lessen accidents occurring on the curves due to sight distance and other factors; July 3o,2024 541 lull St I lull B1.Po13o80.25 Kennedy Road Improvements Yorkville, Kendall County,Illinois AsubsithoryofGZA Page 12 • H&H will complete field delineation of wetlands,surface waters/waterways,and constructed stormwater features within the project limits,and will estimate wetland and surface waters/waterway boundaries 100 feet beyond the project limits; • Access to all areas within the project limits, as well as 100 feet beyond the project limits, to conduct field assessments will be provided by Client; and • Obtaining a jurisdictional determination (JD), wetland/stormwater permitting, obtaining biological and cultural clearances, mitigation design, and mitigation coordination are not included in this scope of services. 2. SCOPE OF SERVICES Task 1—Wetland Delineation and Reporting GZA understands that wetlands and constructed stormwater features may be located within or immediately adjacent to the project limits. GZA proposes to conduct a wetland and waterway/surface waters delineation for the proposed project within the designated project limits in accordance with: • The February 25, 2022, edition of the USACE Chicago District Nationwide Permit(NWP) Program; • The U.S. Army Corps of Engineers (USACE) Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region (Version 2.0), (Supplemental Wetland Manual); • The City of Yorkville Municipal Code of Ordinances, Chapter 16 "Wetland Protection and Water Quality and Stormwater Management Benefits"; and • The May 18, 2021, edition of the Kendall County Stormwater Management Ordinance (SMO) for any areas within the project limits located within Unincorporated, Kendall County. Wetland permitting and mitigation coordination are not included in this scope of services. Off-site Record/Document Review The following records/documents will be reviewed prior to conducting the field investigation. Soils information will be reviewed to determine the soil types encountered during the delineation procedures. The sources to be reviewed and used include: • Current and Historical Aerial Photographs; • U.S. Geological Survey(USGS)Topographic Maps; • Natural Resources Conservation Service (NRCS),Soil Survey of Kendall County; • Hydric Soils of the United States; • U.S. Fish and Wildlife Service (FWS), National Wetland Inventory(NWI) Maps; • Federal Emergency Management Agency(FEMA), Flood Insurance Rate Maps(FIRM); and • USGS Hydrologic Atlases. Actively farmed agricultural land is present within the project limits. Therefore, a farmed wetland determination (FWD) will be required and is included within this scope of services. P:\FY2025\P013-Transportation\EEI\Yorkville\81.P013080.25 EEI Yorkville Kennedy Road PH I.docx July 30,2024 "�l lull&_1 lull Bi.Poa3o80.25 Kennedy Road Improvements Yorkville,Kendall County, Illinois A Subsidiary of GZA PQ e 9 13 On-Site Investigation(Field Inventory) GZA proposes to conduct on-site investigations of all potential wetlands, surface waters/waterways, and constructed stormwater features within the project limits. Proposed services include: the identification and delineation of wetlands; the determination of high-quality wetlands and surface waters as defined by the USACE. Wetland delineation field investigation activities include on-site testing for the presence of hydric soils, hydrophytic vegetation, and sufficient hydrology.A floristic quality assessment(FQA)will be conducted for identified wetlands. Functions of wetlands based on field observations will also be evaluated during the on-site investigation.Surface waters delineation field activities include the determination of the Ordinary High-Water Mark (OHWM) of identified waterways. GZA will also estimate wetlands and/or surface waters boundaries present within 100 feet of the project limits. This is necessary to determine buffer boundaries that may extend into the project limits. The wetland and surface waters perimeters within the project limits will be surveyed by GZA using a Global Positioning System (GPS) unit. Field delineations will be completed within the growing season for Kendall County,which is between approximately April 15th and October 15th. Delineations conducted outside this timeframe may be considered preliminary and insufficient for permitting purposes. If the delineation is completed outside of the growing season,additional field visits will be required, which are not included in this scope. Wetland Report Upon completion of the field delineation, a Wetland Delineation Report will be prepared summarizing the findings of the off-site record/document review and the on-site investigation. This report will be submitted to the Client as a PDF only. The Shapefiles of the wetland, waterway/surface waters, and constructed stormwater feature boundaries as surveyed in the field will also be provided to the Client via email. Specific items to be included in the report are as follows: • Map showing the location, limits, and wetland boundaries within the project limits; • Aerial photography depicting the appropriate limits of the delineated wetlands, surface waters/waterways, and constructed stormwater features; • USACE data sheets with FQAs, as required; • Farmed Wetland Determination (FWD)aerials and associated review information; • Color photos of the wetlands and the data points; and • Written description of wetland functional classification. The wetland, surface waters/waterways, and constructed stormwater features boundary maps will be derived from the GPS survey of these features. Shapefiles for the surveyed areas will be provided to the Client digitally. The wetland and surface waters/waterway layers will be separated for use by the Client for their construction drawings. Task 2—Tree Survey and Memorandum H&H will complete a tree survey within the project limits. H&H will identify the trees to species level and determine health, structure, and origin. H&H will note whether any trees are of exceptional size and condition. H&H will also determine which trees are worth avoidance, if any. The tree survey will follow Illinois Department of Transportation (IDOT) Departmental Policies (D&E—18). IDOT Departmental Policies(D&E—18)specifies all trees with a diameter at breast height(DBH)of six inches or greater as well as trees with a DBH of less than six inches when such have been intentionally planted for landscaping, environmental P:\FY2025\P013-Transportation\EEI\Yorkville\81.P013080.25 EEI Yorkville Kennedy Road PH I.docx . 1 lul1��Z I lull July 3o,2024 81..Po13o80.25 Kennedy Road Improvements Yorkville, Kendall County, Illinois A Subsidiary of GZA Page 14 mitigation,or habitat preservation/enhancement purposes be identified. The tree survey will be performed or supervised by an ISA Certified Arborist. This proposal assumes that GZA will survey trees in the field using a handheld GPS unit and that tree survey data will be provided to the Client in Shapefile (GIS) or MicroStation format once the field survey and memo are complete. Client will provide GZA with the station and offset data for the project for GZA's use in completing the tree survey. This proposal does not include tagging of trees or a formal assessment of northern long-eared bat(Myotis septentrionalis)habitat within the Project Corridor. However, trees that provide potential suitable roosting habitat for the northern long-eared bat will be noted and documented in the tree memo. After trees are evaluated within the project limits,a tabulation of trees will be compiled which summarizes the tree data. The tree information will include tree species, size, health, structure, origin (volunteer or landscaped tree), and any identified specimen and exceptional trees in a memorandum and will be provided to the Client in electronic format only. The GIS shapefile (and/or MicroStation file) data for any additional trees surveyed as part of this task will be provided to the Client. This task does not include coordination for tree mitigation or preparation of a tree preservation plan. Task 3—Preliminary Environmental Site Assessment(PESA) GZA will conduct a Preliminary Environmental Site Assessment (PESA) for the local road portions of the Project Corridor. This process will follow general protocols contained within: • A Manual for Conducting Preliminary Environmental Site Assessments for Illinois Department of Transportation (IDOT) Highway Projects(Erdmann et al., 2012); • ASTM International (ASTM) standard 1527-13; • IDOT Bureau of Design and Environment(BDE) Procedure Memorandum Number 10-07, Special Waste Procedures.This memo was incorporated into Chapter 27-3 of the IDOT BDE Manual in June 2012; • IDOT Bureau of Local Roads and Streets(BLRS) Manual, Chapter 20-12,Special Waste,July 2013; • Public Act 96-1416; and • Clean Construction or Demolition Debris (CCDD) Fill Operations and Uncontaminated Soil Fill Operations: Amendments to 35 Illinois Administrative Code 1100, effective August 27, 2012. A. Historical Research The Project Corridor historical land use/ownership record will be developed from standard historical sources. Historic aerial photographs will be reviewed to identify land use over time and potential areas of environmental concern, such as areas of surface disturbance and outside storage. B. Site Evaluation Current environmental features and conditions of sites adjacent to the Project Corridor will be evaluated.A site walkover of potential areas designated for excavation and/or acquisition will be conducted for first-hand evaluation of current environmental conditions within the Project Corridor. All of the features and conditions listed above will be investigated and, as appropriate, documented in photographs. The land-use and housekeeping practices of adjacent properties will also be evaluated in accordance with ASTM protocols. P:\FY2025\P013-Transportation\EEI\Yorkville\81.P013080.25 EEI Yorkville Kennedy Road PH I.docx y"1 July 3o,2024 I lull Rz I loft' Bi.Poa3o80.25 Kennedy Road Improvements Yorkville, Kendall County,Illinois A Subsidiary of GZA Page 15 C. Records Review A records review will be conducted to determine potential environmental concerns within the Project Corridor. This will include a search of standard state and federal environmental record databases in accordance with the specifications of ASTM standards. This search is based on the limits of the Project Corridor. Specifically, GZA will search each database to identify any potential sources requiring further investigation.As appropriate, Freedom of Information Act(FOIA) requests will be filed with the Illinois Environmental Protection Agency(IEPA)to obtain additional data pertaining to identified sites. D. Report Preparation A PESA Report summarizing the results of the evaluation will be prepared. The following information will be included in this report: • The project location and description; • Historical uses of Project Corridor; • The area geology and hydrology; • The environmental status of sites adjacent to the Project Corridor regarding chemical use and storage, underground and aboveground storage tanks,solid waste, special waste, hazardous waste, and PCBs; • An analysis of the site inspection; and • A summary of the findings regarding environmental concerns. The Potentially Impacted Properties (PIPs) will be assessed, per Subpart F, Section 1100, 35 IAC, related to CCDD management and in general conformation with IDOT memorandums. Task 4—Proiect Administration Time under this task includes project administration and management activities that include cost and schedule tracking, coordination with Client on authorized activities, memo production and other in-house management activities, and project closeout.This task includes preparing a Health and Safety Plan as appropriate for the project and tasks. Task 5—QA/QC Time under this task includes QA/QC time for the deliverables as described above. 3. LEVEL OF EFFORT,COST,AND SCHEDULE The attached tables summarize the estimated cost to complete the project.The PESA work will commence within 5 days of the notice to proceed (NTP).The wetland and surface waters delineation will be completed during the growing season, between April 15th and October 15th, with an anticipated completion of the wetland delineation report within six weeks after completion of the field work.The tree survey will be scheduled according to the Client's needs and project schedule and can be initiated three week after contract approval.The PESA will require approximately six(6)weeks to complete. If an expedited schedule is necessary, H&H will coordinate with Client to establish a schedule that is appropriate for the project needs. The estimated hours and costs for this scope of work are presented in the attached Cost Sheets in standard format. P:\FY2025\P013-Transportation\EEI\Yorkville\81.P013080.25 EEI Yorkville Kennedy Road PH I.docx JulY3o,2024 Itli1 l lull 8i.Poi3o80.25 Kennedy Road Improvements Yorkville, Kendall County, Illinois A Subsidiary of GZA Page 16 3. TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES CONDITIONS OF ENGAGEMENT The conditions of engagement are described in the attached Terms and Conditions for Professional Services. H&H's report will be prepared on behalf of and for the exclusive use of Client. Client acknowledges and agrees that the report and the findings in the report shall not,in whole or in part, be disseminated or conveyed to any other party,or used or relied upon by any other party, in whole or in part,except for the specific purpose and to the specific parties alluded to above,without the written consent of H&H. H&H would be pleased to discuss the conditions associated with any additional dissemination, use, or reliance by other parties. ACCEPTANCE This agreement may be accepted by signing in the appropriate space below and returning one complete copy to H&H. Issuance of a Purchase Order implicitly acknowledges acceptance of this proposal.This proposal is valid for a period of 30 days from the date of issue. We appreciate the opportunity to submit this proposal. Please feel free to contact the undersigned at(630)684-9100 with any questions. Very truly yours, Huff& Huff, Inc.,a subsidiary of GZA Jeremy J. Reynolds, P.G. Lailah Reich, PWS, CWS, ISA Arborist, DECI Associate Principal Senior Technical Specialist Attachments: Terms and Conditions, Client Provided Information, Cost Sheets This Proposal for Services, Schedule of Fees and Terms and Conditions for Professional Services are hereby accepted and executed by a duly authorized signatory, who by execution hereof, warrants that he/she has full authority to act for, in the name, and on behalf of By: Title: Printed/Typed Name: Date: The Proposal for Services, Schedule of Fees and Terms and Conditions for Professional Services may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by an e-mail delivery of a document in ".pdf" format, each such signature shall create a valid and binding obligation of the party executing the document, or on whose behalf each document is executed, with the same force and effect as if each such facsimile or ".pdf" signature were an original thereof. P:\FY2025\P013-Transportation\EEI\Yorkville\81.P013080.25 EEI Yorkville Kennedy Road PH I.docx Jul o zoz f. Y3 , 4 Huff&Huf 81.Poi3o80.25 Kennedy Road Improvements Yorkville, Kendall County, Illinois A Subsidiary of GZA ATTACHMENTS ATTACHMENT A TERMS AND CONDITIONS P:\FY2025\P013-Transportation\EEI\Yorkville\81.P013080.25 EEI Yorkville Kennedy Road PH I.docx TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES ©zo23 by Huff&Huff,Inc.,a Subsidiary of GZA GeoEnvironmental,Inc. Client("You"): Engineering Enterprises,Inc. Proposal No: 81.P013080.25 Site: Kennedy Road Improvements These Terms and Conditions,together with Huff&Huff,Inc.'s(H&H's)Proposal,make up the Agreement between H&H and you,Client,named above. BEFORE SIGNING THE PROPOSAL, BE SURE YOU READ AND UNDERSTAND THE PARAGRAPHS ENTITLED "INDEMNIFICATION" AND "LIMITATION OF REMEDIES"WHICH DEAL WITH THE ALLOCATION OF RISK BETWEEN YOU AND H&H. 1. Services.H&H will perform the services set forth in its Proposal and any amendments or change orders authorized by you(the"Services"). Any request or direction from you that would require extra work or additional time for performance or would result in an increase in H&H's costs will be the subject of a negotiated amendment or change order. 2. Standard of Care;Warranties. a. H&H will perform professional Services with the degree of skill and care ordinarily exercised by qualified professionals performing the same type of services at the same time under similar conditions in the same or similar locality. c. EXCEPT AS SET FORTH IN SUBSECTIONS 2a ABOVE,NO WARRANTY,EXPRESS OR IMPLIED,INCLUDING WARRANTY OF MARKETABILITY OR FITNESS FOR A PARTICULAR PURPOSE,IS MADE OR INTENDED BY H&H'S PROPOSAL OR BY ANY OF H&H'S ORAL OR WRITTEN REPORTS. d. H&H assigns to you any manufacturers'warranties of equipment or materials purchased from others,to the extent they are assignable,and your sole recourse will be against the manufacturer.Full risk of loss of materials and equipment will pass to you upon delivery to the Site,and you will be responsible for insuring and otherwise protecting them against theft and damage. 3. Payment. a. Except as otherwise stated in the Proposal,you will compensate H&Hforthe Services atthe rates set forth in the applicable Proposal,amendment or change order;reimburse its expenses,which will include a communication fee calculated as a percentage of labor invoiced;and pay any sales or similar taxes thereon. b. Any retainer specified in H&H's Proposal shall be due prior to the start of Services and will be applied to the final invoice for Services. c. H&H will submit invoices periodically,and payment will be due within zo days from invoice date.Overdue payments will bear interest at 1.1/2 percent per month or,if lower,the maximum lawful rate.H&H may terminate the Services upon io days'written notice anytime your payment is overdue on this or any other project and you will pay for all Services through termination, plus termination costs. You will reimburse H&H's costs of collecting overdue invoices, including reasonable attorneys'fees(including costs for time expended by in-house counsel, which will be charged to you at the prevailing market rate for attorneys of similar experience practicing in the jurisdiction). 4. Your Responsibilities. a. Except as otherwise agreed in writing,you will secure the access agreements,approvals,permits,licenses and consents necessary for performance of the Services. If you are the owner or operator of the Site, you will provide H&H with all documents, plans, information concerning underground structures(including but not limited to utilities, conduits, pipes, and tanks), information related to hazardous materials or other environmental or geotechnical conditions at the Site(including, if applicable, asbestos containing materials["ACM"])and other information that may be pertinent to the Services or, if you are not the owner or operator of the Site, you agree to make reasonable efforts to obtain these same documents and provide them to H&H.Unless otherwise indicated in writing,H&H will be entitled to rely on documents and information you provide. b. If you use the services of a contractor or construction manager at the Site,you agree to use best and reasonable efforts to include in your agreement(s) with the construction contractor provisions obligating the latter: (i) to defend,indemnify and hold harmless,to the fullest extent permitted by law,you and H&H and its officers,directors,members,partners,agents, employees,and subconsultants(the"H&H Indemnitees"),for or on account of any claims,liabilities,costs and expenses,including attorneys'fees, arising out of or relating to the design or implementation of construction means, methods, procedures, techniques, and sequences of construction,including safety precautions or programs,of the contractor,or any of its subcontractors or any engineer engaged by it; (ii) to name you and H&H as additional insureds under general liability and builder's risk insurance coverages maintained by the contractor,or any of its subcontractors,and to ensure that such policies are primary and noncontributory with regard to the above indemnity obligations;and (iii) to require that all of its subcontractors agree and be bound to the obligations set forth in(i)and(ii)above. c. In the event that you are unable to secure such provisions in the agreement(s)with the construction contractor, you shall promptly(but in any event prior to the commencement of the Services)notify H&H and H&H shall have the opportunity to negotiate with you reasonable substitute risk allocation and insurance indemnities and protections. 5. Right of Entry;Site Restoration.You grant H&H and its subcontractor(s)permission to enter the Site to perform the Services.If you do not own the Site, you represent and warrant that the owner has granted permission for H&H to enter the Site and perform the Services;you will provide reasonable verification on request;and you will indemnify the H&H Indemnitees for any claims by the Site owner related to alleged trespass by H&H or its subcontractors.Although H&H will exercise reasonable care to limit damage to landscaping,paving,systems and structures at the Site,you acknowledge that some damage may occur even with the exercise of due care and you agree to compensate H&H for any restoration it is asked to perform,unless otherwise indicated in the Proposal. 6. Underground Facilities. H&H's only responsibility under this Agreement will be to provide proper notification to the applicable state utility"Call- Before-You-Dig"program.You further agree to assume responsibility for and to defend,indemnify and hold harmless H&H with respect to personal injury and property damages due to H&H's interference with subterranean structures including but not limited to utilities,conduits,pipes,and tanks: (i) that are not correctly shown on any plans and information you or governmental authorities provide to H&H;or (ii) that are not correctly marked by the appropriate utility. (o2/23-Edition/o5-9oio) February 28,2o23 Terms and Conditions Page 12 of 4 7. Reliance. The services,information,and other data furnished by you shall be at your expense,and H&H may rely upon all information and data that you furnish,including the accuracy and completeness thereof.You acknowledge that the quality of the Services provided by H&H is directly related to the accuracy and completeness of the information and data that you furnish to H&H.H&H's REPORTS ARE PREPARED FOR AND MADE AVAILABLE FOR YOUR SOLE USE.YOU ACKNOWLEDGE AND AGREE THAT USE OF OR RELIANCE UPON THE REPORT OR THE FINDINGS IN THE REPORT BY ANY OTHER PARTY,OR FOR ANY OTHER PROJECT OR PURPOSE, SHALL BE AT YOUR OR SUCH OTHER PARTY'S SOLE RISK AND WITHOUT ANY LIABILITY TO H&H. YOU SHALL INDEMNIFY AND HOLD HARMLESS THE H&H INDEMNITEES FROM ALL CLAIMS, DAMAGES, LOSSES, AND EXPENSES,INCLUDING ATTORNEYS'FEES,ARISING OUT OF OR RESULTING FROM ANY USE,REUSE,OR MODIFICATION OF THE DOCUMENTS WITHOUT WRITTEN VERIFICATION,COMPLETION,OR ADAPTATION BY H&H AND SUCH LIMITED LICENSE TO YOU SHALL NOT CREATE ANY RIGHTS IN THIRD PARTIES. 8. Lab Tests and Samples. H&H is entitled to rely on the results of laboratory tests using generally accepted methodologies. H&H may dispose of samples in accordance with applicable laws 3o days after submitting test results to you unless you request in writing for them to be returned to you or to be held longer,in which case you will compensate H&H for storage and/or shipping beyond 3o days. 9. H&H Professionals. H&H employees or consultants may act as licensed, certified or registered professionals (including but not limited to Professional Engineers,Licensed Site or Environmental Professionals,Certified Hazardous Materials Managers„or Certified Industrial Hygienists collectively referred to in this section as"H&H Professionals")whose duties may include the rendering of independent professional opinions.You acknowledge that a federal,state or local agency or other third party may audit the Services of H&H or other contractor/consultant(s),which audit may require additional Services, even though H&H and such H&H Professionals have each performed such Services in accordance with the standard of care set forth herein.You agree to compensate H&Hforall Services performed in response to such an audit, or to meet additional requirements resulting from such an audit, at the rates set forth in the applicable Proposal, amendment or change order. io. Hazardous Materials; H&H "Not a Generator". Before any hazardous or contaminated materials, including, if applicable, ACMs (the "Wastes") are removed from the Site,you will sign manifests naming you as the generator of the Wastes(or,if you are not the generator,you will arrange for the generator to sign).You will select the treatment or disposal facility to which any Wastes are taken. H&H will not be the generator or owner of,nor will it possess,take title to,or assume legal liability for any Wastes at or removed from the Site. H&H will not have responsibility for or control of the Site or of operations or activities at the Site other than its own. H&H will not undertake, arrange for or control the handling,treatment, storage, removal, shipment, transportation or disposal of any Wastes at or removed from the Site, other than any laboratory samples it collects or tests. You agree to defend, indemnify and hold the H&H Indemnitees harmless for any costs or liability incurred by H&H in defense of or in payment for any legal actions in which it is alleged that H&H is the owner,generator,treater,storer or disposer of any Wastes. ii. Limits on H&H's Responsibility. H&H will not be responsible for the acts or omissions of contractors or others at the Site, except for its own subcontractors and employees. H&H will not supervise, direct or assume control over or the authority to stop any contractor's work, nor shall H&H's professional activities nor the presence of H&H or its employees and subcontractors be construed to imply that H&H has authority over or responsibility for the means,methods,techniques,sequences or procedures of construction,for work site health or safety precautions or programs,or for any failure of contractors to comply with contracts, plans,specifications or laws. Any opinions by H&H of probable costs of labor, materials, equipment or services to be furnished by others are strictly estimates and are not a guarantee that actual costs will be consistent with the estimates. 12. Changed Conditions. a. You recognize the uncertainties related to the Services(including,without limitation,environmental and geotechnical Services),which often require a phased or exploratory approach, with the need for additional Services becoming apparent during the initial Services. You also recognize that actual conditions encountered may vary significantly from those anticipated,that laws and regulations are subject to change, and that the requirements of regulatory authorities are often unpredictable. b. If changed or unanticipated conditions or delays make additional Services necessary or result in additional costs or time for performance,H&H will notify you and the parties will negotiate appropriate changes to the scope of Services,compensation and schedule. c. If no agreement can be reached,H&H will be entitled to terminate the Services and to be equitably compensated for the Services already performed.H&H will not be responsible for delays or failures to perform due to weather,labor disputes,intervention by or inability to get approvals from public authorities, acts or omissions on your part,or any other causes beyond H&H's reasonable control,and you will compensate H&H for any resulting increase in its costs. 13. Documents and Information.All documents,data,calculations and work papers prepared or furnished by H&H are instruments of service and will remain H&H's property.Designs,reports,data and other work product delivered to you are for your use only,for the limited purposes disclosed to H&H.Any delayed use, use at another site, use on another project, or use by a third party will be at the user's sole risk, and without any liability to H&H. Any technology, methodology or technical information learned or developed by H&H will remain its property. Provided H&H is not in default under this Agreement, H&H's designs will not be used to complete this project by others,except by written agreement relating to use,liability and compensation. 14. Electronic Media. In accepting and utilizing any drawings, reports and data on any form of electronic media generated by H&H,you covenant and agree that all such electronic files are instruments of service of H&H,who shall be deemed the author and shall retain all common law, statutory law and other rights, including copyrights. In the event of a conflict between the signed documents prepared by H&H and electronic files, the signed documents shall govern. You agree not to reuse these electronic files, in whole or in part, for any purpose or project other than the project that is the subject of this Agreement. Any transfer of these electronic files to others or reuse or modifications to such files by you without the prior written consent of H&H will be at the user's sole risk and without any liability to H&H. 3.5. Confidentiality;Subpoenas.Information about this Agreement and H&H's Services and information you provide to H&H regarding your business and the Site, other than information available to the public and information acquired from third parties,will be maintained in confidence and will not be disclosed to others without your consent,except as H&H reasonably believes is necessary:(a)to perform the Services; (b)to comply with professional standards to protect public health, safety and the environment; and (c) to comply with laws, regulations, court orders and professional obligations. H&H will make reasonable efforts to give you prior notice of any disclosure under(b)or(c)above. Information available to the public and information acquired from third parties will not be considered confidential. You will reimburse H&H for responding to any subpoena or governmental inquiry or audit related to the Services, at the rates set forth in the applicable Proposal, amendment or change order. (oz/z3-Edition/o5-9oao) February 28,2o23 �w Terms and Conditions Page 13of4 16. Insurance. During performance of the Services, H&H will maintain workers' compensation, commercial general liability, automobile liability, and professional liability/contractor's pollution liability insurance.H&H will furnish you certificates of such insurance on request. 17. Indemnification.You agree to hold harmless,indemnify,and defend the H&H Indemnitees against all claims,suits,fines and penalties,including mandated cleanup costs and attorneys'fees and other costs of settlement and defense, which claims, suits, fines, penalties or costs arise out of or are related to this Agreement or the Services,except to the extent they are caused by H&H's negligence or willful misconduct. 18. Limitation of Remedies. a. To the fullest extent permitted by law and notwithstanding anything else in this Agreement to the contrary,the aggregate liability of H&H and its affiliates and subcontractors and their employees,officers,directors and agents(collectively referred to in this paragraph as"H&H")for all claims arising out of this Agreement or the Services is limited to$5o,000 or,if greater,io%of the compensation received by H&H under this Agreement. b. You may elect to increase the limit of liability by paying an additional fee,such fee to be negotiated prior to the execution of this Agreement. c. Any claim will be deemed waived unless written notice of such claim is received by H&H within one year of substantial completion of the Services. d. H&H will not be liable for lost profits, loss of use of property, delays, or other special, indirect, incidental, consequential, punitive, exemplary, or multiple damages. e. H&H will not be liable to you or the Site ownerfor injuries or deaths suffered by H&H's or its subcontractors'employees. f. You will look solely to H&H for your remedy for any claim arising out of or relating to this Agreement,including any claim arising out of or relating to alleged negligence or errors or omissions of any H&H principal,officer,employee or agent.To the extent damages are covered by property insurance or any other insurance,both you and H&H waive all rights against each other and against the contractors,consultants,agents,and employees of the other,for damages,except such rights as they may have to the proceeds of such insurance as set forth in this Agreement.The you or H&H,as appropriate,shall require of the contractors,consultants,agents,and employees of any of them,similar waivers in favor of the other parties enumerated herein. 19. Disputes. a. All disputes between you and H&H shall be subject to non-binding mediation. b. Either party may demand mediation by serving a written notice stating the essential nature of the dispute,the amount of time or money claimed,and requiring that the matter be mediated within forty-five(45)days of service of notice. c. The mediation shall be administered by the American Arbitration Association in accordance with its most recent Construction Mediation Rules,or by such other person or organization as the parties may agree upon. d. No action or suit may be commenced unless mediation has occurred but did not resolve the dispute,or unless a statute of limitation period would expire if suit were not filed prior to such forty-five(45)days after service of notice.However,where non-payment of an invoice has occurred and H&H sends you a final demand letter for payment,your failure to respond within ten(io)days of receipt(or,for certified mail,the date of the first attempt to deliver the letter to your address of record if you ultimately do not accept receipt of the letter) of such letter will be deemed to be a waiver of your right to enforce this mediation clause and H&H may immediately file suit to enforce the terms of this Agreement. zo. Miscellaneous. a. This Agreement and all claims relating thereto shall be governed by the substantive and procedural laws of the State of Illinois,as they presently exist or may hereafter be amended,without regard to principles of conflict of laws. b. The above terms and conditions regarding Limitation of Remedies and Indemnification shall survive the completion of the Services under this Agreement and the termination of the contract for any cause. c. Any amendment to these Terms and Conditions must be in writing and signed by both parties. No modification of these Terms and Conditions will be binding against H&H unless specifically approved in writing by a Principal of H&H. d. Having received these Terms and Conditions,your oral authorization to commence Services, your acceptance of performance of the Services,your actions,or your use of the Report or Work Product constitutes your acceptance of them. e. This Agreement supersedes any contract terms,purchase orders or other documents issued by you,even if signed by an authorized representative of H&H. f. Neither party may assign or transfer this Agreement or any rights or duties hereunder without the written consent of the other party. g. Your failure or the failure of your successors or assigns to receive payment,reimbursement,insurance proceeds or grant funds from any other party for any reason whatsoever shall not absolve you,your successors or assigns of any obligation to pay any sum to H&H under this agreement. h. These Terms and Conditions shall govern over any inconsistent terms in H&H's Proposal. i. The provisions of this Agreement are severable; if any provision is unenforceable it shall be appropriately limited and given effect to the extent it is enforceable. j. The covenants and agreements contained in this Agreement shall apply to,inure to the benefit of and be binding upon the parties hereto and upon their respective successors and assigns. k. Any reports generated by H&H will be subject to H&H's standard report limitations for that particular type of report. 21. Asbestos Abatement Services(If Applicable).If the Services include asbestos abatement services,then the following terms and conditions will apply and will supersede any conflicting terms contained elsewhere in this Agreement. a. You acknowledge that conditions can vary from those encountered at the times and locations of explorations and data collection,and that the limitation on available data may result in some level of uncertainty with respect to the interpretation of those conditions,despite due professional care.H&H therefore cannot guaranty specific results such as the identification or removal of all asbestos or other contamination. (o2/23-Edition/o5-goao) February 28,2023 Terms and Conditions Page 14of4 22. Microbial Services(If Applicable).If the Services include microbial services,then the following terms and conditions will apply and will supersede any conflicting terms contained elsewhere in this Agreement. a. You recognize that meeting the standard of care does not establish an assurance that corrective procedures will be permanent. Because Microbial infestations are created by near-omnipresent living microscopic spores, grows very quickly and are influenced by nanoclimatological conditions that are very difficult to detect and sources of water intrusion,elevated moisture or relative humidity over which H&H has neither control or responsibility,H&H cannot and does not claim that its Services will eliminate the risk of a Microbial infestation recurring. b. You acknowledge that the Services entail risk of personal injury and property damage (including cross-contamination) that cannot be avoided, even with the exercise of due care. You also acknowledge that environmental conditions can vary from those encountered at the times and locations of explorations and data collection, and that the limitation on available data may result in some level of uncertainty with respect to the interpretation of these conditions,despite due care.H&H therefore cannot guaranty specific results such as the identification of all contamination or other environmental conditions or problems nor their resolution. c. You acknowledge that Microbial infestations may be hidden from view and concealed in locations that are difficult to discover.Accordingly,you agree that despite H&H's efforts, some Microbial locations may remain undetected. In such situations, you agree that you will have no claim against H&H provided H&H followed all applicable laws and regulations pertaining to the Work. d. For purposes of this Agreement, Microbial is defined as any and all fungal and/or bacterial growth including but not limited to mold, mildew, yeast, fungus, fungi, bacteria, spores, odors, particulates, vapors, gas, or other emissions produced by or arising out of or toxins emanating therefrom. e. You further agree that where H&H shall performs Services intended to minimize the risk of Microbial infestations, H&H shall not be liable for damages resulting from Microbial contamination including but not limited to fungal or bacterial infestations and water damage or dry or wet rot and you agree to waive any Microbial infestation claim(s)against H&H,and you agree to indemnify,defend and hold the H&H Indemnitees harmless from any claim alleging that H&H's Services caused or aggravated a Microbial infestation or did not prevent a Microbial infestation from re-occurring. (o2/23-Edition/o5-9oio) February 28,2023 Huff&Huff July 30,2024 81.Poa3o80.25 Kennedy Road Improvements Yorkville, Kendall County,Illinois A Subsidiary of GZA ATTACHMENTS ATTACHMENT B CLIENT PROVIDED INFORMATION P:\FY2025\P013-Transportation\EEI\Yorkville\81.P013080.25 EEI Yorkville Kennedy Road PH I.docx •• z a t a W r� -.} , , r . ,� o w • W4 � Z J ^ ° Y,. t e _ .._ _ .• Oa1n10R1 i 1-'..,� �' r.a-• r = rg W F'" IL U t .... • .E.L.LSWORTH , ~ , ' a z�i+ . Q Q. ` , oi. • - a.943` ° g f se90� - J !t :, r Y 0 lK. r "� ` ti 4 k ** , acne +i. s Ty ,y r ' KENNEDYa - • it s x t ' { Odd < a m a 4 a f ry y - y ti o Z max, III ul • • 4 S 4kNOfSW0`/NOISING' ix 1t'c �,�,.� `M1 ; '. ,1,'. '-Ci 2 .4, t �l . a 1:5'. ' � av-�� 1 k. Zi ad+ v� w .) :....,- ..,-- t 0 4y 4 y + jj'' k-e f pw>�♦ C a1 a) d _'.a. r p ` *). / 1 , —I I July 30, 2024 Huff&Huff. 81.Po13o80.25 Kennedy Road Improvements . Yorkville, Kendall County, Illinois A Subsidiary of GZA ATTACHMENTS ATTACHMENT C COST SHEETS P:\FY2025\P013-Transportation\EEI\Yorkville\81.P013080.25 EEI Yorkville Kennedy Road PH I.docx In ci1 U1 O O U1 CO m 00 0 0 0 en• N 0 Ol CO rp LO 01 N N r-1 N Lfl c7 Ln ri N G1 o H r-I VI- ch OJ LO l0 lO 00 CO O O u1 t0 i 00 O N in N M 0 E 0)CC in• u J In In LnO O Ln N N N O O N toO Ol u1 Ni O O 1� = L N . O Ln Ni enOl 00 00 ,,, vi Y la u1 N. M N r-1 0 x Q O CO Vl ul r I N di. vi o a) } u w N Em 0.0 Co v LL C L N ^ 0 O O 0 v 4- h.: O in O C C 0 cr. V � IA > 3 O N 0. 2 O_ C C = rl OAS o m Y - O N a a 3 CO 2 L +: 0 '-• (1) > O-0 v 4) L C L d C CO C) 0- YI N w L W Q. U, N O 4- co O L 0 ti Q- 0 N a C4 ri CC Y oS C v LA C 0 0 ro _ 03 > I— Y .- N L O N C •C N W (C Tu > E t a 0 j -0 O L Q ,o ap }, a. CO ., 0) CI v N Q +�+ c H 0- a` 6 H Y c-1 N M ul 'C v, Y Y Y Y Y C v, Vf V1 Vf V1 V1 CO O. I- I- I- I- I— W d c W 11 e-I N cn Ln w N O N Y LL U 0 d O a LL Huff& Huff, Inc. Proposal 7/31/2024 Prepared for: Engineering Enterprises, Inc. Project: Kennedy Drive-Yorkville, IL Task Reimbursables 1 Task 1: Wetland Delineation&Report Trips 50 miles x 2 x $ 0.670 = $ 67.00 Tolls 1 trip x 2 x $ 6.80 = $ 13.60 Task Total $ 80.60 2 Task 2: Tree Survey&Memo Trips 50 miles x 2 x $ 0.670 = $ 67.00 Tolls 1 trip x 2 x $ 6.80 = $ 13.60 Maps/Aerials 1 ea x 12 x $ 10.00 = $ 120.00 Task Total $ 200.60 3 Task 3:PESA Trips 50 miles x 2 x $ 0.670 = $ 67.00 Tolls 1 trip x 2 x $ 6.80 = $ 13.60 Database E4 1 ea x 1 x $ 295.00 = $ 295.00 Task Total $ 375.60 4 Task 4:Project Administration 0 x $ - _ $ - Task Total $ - 5 Task S:QAQC 0 x $ - _ $ - Task Total $ - Grand Total $ 656.80 ATTACHMENT H rubino ENGINEERING INC. July 30, 2024 To: Joseph W. Cwynar, PE Re: Proposal - Geotechnical Exploration Senior Project Manger Proposed Kennedy Road Roadway Engineering Enterprises, Inc. Improvements— Phase I 52 Wheeler Road From Emerald Lane to Freedom Place Sugar Grove, Illinois 60554 Yorkville, Illinois 630.466.6752 Proposal No. Q24.372g Via email: JCwynar(c�eeiweb.com Dear Mr. Cwynar, Rubino Engineering, Inc. (Rubino) is pleased to submit the following proposal to provide geotechnical engineering services for the above referenced project. Rubino received a request for proposal from Joseph W. Cwynar of Engineering Enterprises, Inc. via email on July 26, 2024. PROJECT UNDERSTANDING Rubino understands that Engineering Enterprises, Inc. (EEI) is planning to aid the United City of Yorkville with Phase I Engineering Services for the proposed Kennedy Road Roadway Improvements project. The scope of the project includes roadway realignment, roadway widening, addition of shoulders, roadway signing and the analysis of other safety measures deemed necessary for Kennedy Road from Freedom Place to Emerald Lane. Rubino has been requested to perform soil borings, pavement cores, and prepare a Roadway Geotechnical Report (RGR) in compliance with IDOT District 3 standards. Information received: • RFP email from Joseph W. Cwynar of Engineering Enterprises, Inc. on July 26, 2024. • Boring Locations—"5-Attachment D - Kennedy Rd-Location-Core-Boring Map" prepared by Engineering Enterprises, Inc. Rubino Engineering,Inc.•425 Shepard Drive•Elgin,IL 60123•847-931-1555•847-931-1560(Fax) Proposed Kennedy Road Roadway Improvements—Phase I in Yorkville,Illinois July 30,2024 Rubino Proposal No.Q24.372g Page 2 of 11 Field Services Scope of Services Summary Additional Scope discussion can be found in subsequent pages of this proposal Client Notification Needed prior to Please notify Rubino if this is needed upon project mobilization authorization Field Equipment/Soil Sampling Method Track-mounted Geoprobe Drill Rig &Core Machine Traffic Control Needs Flaggers Boring Location Plan See below for aerial/ KMZ Soil Sampling SPT—2 1/2 ft to 10 feet Backfill Needs Cuttings, excess spoils remain on site Patching Cold Patch Site Protection or Restoration included None Groundwater Readings During drilling and upon auger removal Additional Sampling needed Extra Sampling for 1st and 2nd samples at every boring location for Atterberg + Hydrometer Additional Field Equipment needed Rimac—for AASHTO Topsoil measurements at widening borings Boring Depths To obtain data to evaluate subsurface conditions within the proposed development/construction areas. EEI proposes the drilling scope of work as detailed below: NUMBER OF NUMBER OF CORES WITH DEPTH SPT SOIL CLASSIFICATION BORINGS PAVEMENT (FEET LOCATION ON SITE SAMPLING METHOD THICKNESS BEG*) INTERVALS In pavement on 10 10 10 alternating sides of Kennedy Road 2 '/z ft to 10 ft AASHTO (Rimac) In ROW of 10 -- 10 Kennedy Road at Proposed Widening Areas 20 Total 10 Total 200 Total Lineal Feet Borings Cores Should any of the information on which this proposal has been based, including as described above, be inconsistent with the planned construction, Rubino requests to be contacted immediately in order to make any necessary changes to this proposal and scope of work. SCOPE OF SERVICES DISCUSSION The following sections outline the scope of services developed based on the information provided by the client and the information listed above in order to provide a geotechnical exploration the Rubino Engineering,Inc. Proposed Kennedy Road Roadway Improvements—Phase I in Yorkville,Illinois July 30,2024 Rubino Proposal No.Q24.372g Page 3 of 11 planned project. The exploration will be performed in general accordance with both the requested proposal information and Rubino's current understanding of the project. Site Access Based on current site topography, surface conditions, and project discussions, Rubino anticipates that the project site will be accessible to track-mounted Geoprobe drilling equipment and pick up truck with coring equipment. Traffic Control Rubino anticipates that traffic control will be necessary along Kennedy Road. Rubino will subcontract a traffic control company to provide flaggers for the proposed soil borings and pavement core operations. Boring Locations The approximate proposed boring locations are shown below. Rubino recommends that the borings be located and surveyed for elevation by others prior to drilling. If the borings cannot be surveyed, Rubino will locate the borings in the field by measuring distances from known, fixed site features. SB-04 Xjor, u ,. ' ; 2 ' /0000FSB- • 1. / /le 4 f SB�O � • r 1 2 0 t4.. • / `SB 01 r •- • Rubino Engineering,Inc. Proposed Kennedy Road Roadway Improvements—Phase I in Yorkville,Illinois July 30,2024 Rubino Proposal No.Q24.372g Page 4 of II i`q ,, s 4RWB-10, 1 / . 8 °SB-0 , ., ,,, .._ , :.,.,,,,,,) '. •4')::'''': ' ; ' RWB' I �'O8 ,•/ �:RWB-09 f FZ . RWB 05/ u. , SB'05*° RWB-0•1 . t . ' 'RWB-01 °-- R 0 t,.. ' '''' ''''.* . " --r• --------4 /N,t. ,,, ,_0!,,,4/,/ /.., ,..,_ Bd1t7 . �� ,� 4 fr. , . .: 1/ -SB.O9� . fi ` ' ►*-* :: 0 ;Ise i '�, rl �K `RW6-1C) 4. / SB 08 ° 4. 4 . • i 4''' '1: ' / / `RWB091 4 r • RWB 08 �. • . ; 07 - - SPT- Soil Sampling Soil sampling will include split-barrel samples (ASTM D 1586) or thin-walled tube samples on cohesive soils (ASTM D 1587) at 2 '/2-foot intervals to a depth of 10 feet. Rubino Engineering,Inc. Proposed Kennedy Road Roadway Improvements—Phase I in Yorkville,Illinois July 30,2024 Rubino Proposal No. Q24.372g Page 5 of 11 Completion of Borings Upon completion of drilling, the borings will be backfilled with soil cuttings and capped with similar existing material and/or asphalt cold patch. Some damage to ground surface may result from the drilling operations near the work areas and along ingress/egress pathways. Rubino will attempt to minimize such damage, but no restoration other than backfilling the soil test borings is included. It should be noted that over time, some settlement may occur in the bore hole. If Rubino is requested to return to the site for the purpose of filling any bore holes that may have settled, additional time and material charges may apply. Geotechnical Laboratory Testing The soil samples obtained during the field exploration program will be transported to the laboratory for classification and a limited number of laboratory tests. The nature and extent of the laboratory testing program is at the discretion of Rubino Engineering, Inc. and will depend upon the subsurface conditions encountered during drilling. Laboratory testing will be performed in accordance with ASTM procedures and may include examination of selected samples to evaluate the soils' index properties and relative strength characteristics. Based on the proposed quantity of soil borings, anticipated depths, and project type, a list of the anticipated laboratory tests are summarized below. LABORATORY TEST ESTIMATED SAMPLE TYPE QUANTITY Atterberg Limits 10 Split spoon, bulk, or Shelby Tube Hydrometer 10 Split spoon, bulk, or Shelby Tube Natural Moisture Content 80 Cohesive Samples Organic Content 10 Split spoon, bulk, or Shelby Tube ROADWAY GEO REPORT (RGR) — IDOT DISTRICT 3 Upon completion of field and laboratory work, Rubino will prepare a roadway geotechnical engineering report (RGR) using the collected data. The report will include the following per the IDOT Geotechnical Manual: • Cover Sheet and Table of Contents • Project Description, Location and Scope • Geology and Pedology • Field Exploration • General Subgrade Conditions • Special Conditions, if applicable • Construction Monitoring • Appendices(Supporting Documentation): location map, boring plan and soil profile, boring logs, laboratory test results, SSR Charts, photographs Rubino Engineering,Inc. Proposed Kennedy Road Roadway Improvements—Phase I in Yorkville,Illinois July 30,2024 Rubino Proposal No.Q24.372g Page 6 of 11 An electronic copy of the report will be provided. The report will be addressed to Engineering Enterprises, Inc.. PROJECT SCHEDULE Rubino proposes to initiate work on this project within 5 working days after receiving written authorization to proceed and we will follow the schedule below in order to complete the project: Task Number of Working Days Utility clearance and rig mobilization 5— 10 Field work including site layout and drilling 2 Geo Laboratory Testing 5— 10 Geo Reporting 5— 10 Project schedules can be affected by weather conditions and changes in scope. If the report needs to be delivered by a specific day, please notify us as soon as possible. Preliminary verbal recommendations can be made to appropriate parties upon completion of the field investigation and laboratory testing. Rubino will need to receive a signed copy of this proposal intact prior to mobilizing the drill rig. UTILITY LOCATE AND OUTSIDE SERVICES Rubino will coordinate contacting the Utility "One-Call" for public utility clearance prior to the start of drilling activities. It is Rubino's experience that this service does not mark the locations of privately owned utilities. This proposal is based on privately owned utility locates being coordinated by the owner prior to drill rig mobilization. FEES Rubino proposes to charge the fee for performance of the outlined scope of services on a lump- sum basis. Based on the scope of services outlined above, the lump-sum fee will be: Boring Layout/ Utility/ PM $800.00 Lump sum Subsurface Drill Rig Mobilization and Drilling $ 11,400.00 Lump sum Exploration Pavement Cores $2,200.00 Lump sum Traffic Control Flaggers ($2,500 per day) $7,500.00 Estimate Lab Geotechnical Lab Tests as described above $3,100.00 Lump sum Reporting Preparation of the Roadway Geotechnical Report $2,500.00 Lump sum $27,500.00 Grand Total Please see the attached fee schedule for additional unit rates for services requested after issuing the geotechnical report (drawing / spec review, scope or site layout change, etc.). Rubino Engineering,Inc. Proposed Kennedy Road Roadway Improvements—Phase I in Yorkville,Illinois July 30,2024 Rubino Proposal No.Q24.372g Page 7 of I Scope Limitations Project services do not include a site evaluation to determine the presence or absence of wetlands, hazardous substances, or toxic materials. Rock coring is not included in the scope of this exploration, therefore, the character and continuity of refusal materials, if encountered, can be determined only with a more comprehensive scope of services. Therefore, the borings will be advanced to the depths referenced above, or to refusal, whichever is shallower. Boring, sampling and testing requirements are a function of the subsurface conditions encountered. The proposed lump-sum fee is based on the existence of adequate bearing materials being encountered within the proposed boring depths. Should conditions be encountered which require a deepening of borings or additional investigation, Rubino will notify you to discuss modifying the outlined scope of services. Additional work beyond the lump-sum fee will not be performed without your prior authorization. AUTHORIZATION If this proposal is acceptable to you, Rubino will perform the work in accordance with the attached General Conditions that are incorporated into and made a part of this proposal. Please sign below as notice to proceed and return one copy of this proposal intact to our office. Rubino will proceed with the work upon receipt of authorization. Rubino appreciates the opportunity to offer our services for this project and we look forward to working with your company. Please contact Rubino with questions pertaining to this proposal or requests for additional services. Respectfully submitted, RUBINO ENGINEERING, INC. - 611in Michelle A. Lipinski, PE Anthony . Tomaras President Project Manager RUBINO ENGINEERING,INC.IS: AN AASHTO-ACCREDITED LABORATORY IDOT PREQUAUFIED IDOT DBE-CERTIFIED(100%WOMAN-OWNED) MAL/file Attachments: Proposal Acceptance and Data Sheet Schedule of Services and Fees General Conditions **This is an electronic copy. Hard Copies of this proposal are available upon request. Rubino Engineering,Inc. Proposed Kennedy Road Roadway Improvements—Phase l in Yorkville,Illinois July 30,2024 Rubino Proposal No. Q24.372g Page 8 of 11 PROPOSAL ACCEPTANCE: AGREED TO, THIS DAY OF , 202 . BY (please print): TITLE: COMPANY: SIGNATURE: PROJECT INFORMATION: 1. Project Name: 2. Project Location: 3. Your Job No: Purchase Order No.: 4. Project Manager: Telephone No.: 5. Site Contact: Telephone No.: 6. Number and Distribution of Reports: ( ) Copies To: ( ) Copies To: Attn: Attn: Email: Email: ( ) Copies To: ( ) Copies To: Attn: Attn: Email: Email: 7. Invoicing Address: Attn: Email: 8. Other Pertinent Information Or Previous Subsurface Information Available: Rubino Engineering,Inc. Proposed Kennedy Road Roadway Improvements—Phase 1 in Yorkville,Illinois July 30,2024 Rubino Proposal No.Q24.372g Page 9 of 11 Rubino Engineering, Inc. 2024 Schedule of Geotechnical Services&Fees ENGINEERING Professional and Technical Services for site evaluation,field supervision,analysis of test data and engineering recommendations and consultation: Principal Engineer Per Hour $ 185.00 Project Engineer/Manager Per Hour $ 135.00 Engineering Field Technician/Field Engineer/Field Geologist Per Hour $ 115.00 SUBSURFACE EXPLORATION Mobilization and moving of truck-mounted drilling equipment and crew(50-mile radius) Per Trip $ 650.00 Hourly Rate Drilling Per Hour $ 475.00 Thin Wall Tubes(ASTM D-1587) Each $ 50.00 LABORATORY TESTING Moisture Content Test/Visual Classification Each $ 8.90 Atterberg Limits Determination(LL, PL) Each $ 65.00 Combined Hydrometer&Sieve Analysis Each $ 130.00 Organic Content Determination Test(loss on ignition) Each $ 15.00 FEE REMARKS 1) All fees and services are provided in accordance with the attached Rubino General Conditions. 2) Unit prices/rates are in effect for 12 months from the date of this proposal and are subject to change without notice thereafter. Overtime rates are applicable for services performed in excess of 8 hours per day Monday through Friday, before 8:00 AM or 3) after 5:00 PM, and for all hours worked on Saturdays, Sundays and holidays.The overtime rate is 1.5 times the applicable hourly rate. 4) All rates are billed on a portal-to-portal basis. 5) Standby time due to delays beyond Rubino's control will be charged at the applicable hourly rate. 6) Transportation and per diem are charged at the applicable rates. 7) Rates involving mileage(including transportation, mobilization,vehicle and trip charges)are subject to change based upon increases in the national average gasoline price. 8) A minimum charge of 4 hours applies to field testing and observation services. Scheduling or cancellation of field testing and observation services is required no less than the working day prior to the date the 9) services are to be performed.Services cancelled without advance and/or inadequate notice will be assessed a minimum charge of 4 hours. 10) For all Rubino services,a project management/engineering review charge will be billed for all reports issued for the scheduling/supervision of personnel and the evaluation/review of data and reports. 11) The minimum billing increment for time is a half hour. 12) A project set-up charge of a minimum of two hours applies to all projects. 13) Professional services rates are exclusive of expert deposition or testimony time. 14) Drilling and field service rates are based on OSHA Level D personnel protection. 15) For sites where drilling is to occur that are not readily accessible to a truck mounted drill rig, rates for rig mobility,site clearing, crew stand-by time, etc.will be charged as applicable. 16) If applicable the prevailing wage fees charged under this agreement will be adjusted if there is any change in the applicable prevailing wage rate established by the Illinois Department of Labor. 17) Services and fees not listed on this schedule may be quoted on request. Rubino Engineering,Inc. Proposed Kennedy Road Roadway Improvements-Phase in Yorkville,Illinois July 30,2024 Rubino Proposal No.Q24.372g Page 10 of 11 Client/ 1171577 RUIINENO ACORD CERTIFICATE OF LIABILITY INSURANCE osnr nn v•• 9 13 2023 TNIS CERTIFICATE IS ISSUED AS A NATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE Ak FORDED BY 1NE POUCIES flFt OW TINS CERTIFICATE OF INSURANCE DOES NOT CONITTIUTE A CONTRACT BETWEEN THE ISSUING INSURFRISI ALPNORUED REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER. 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Proposed Kennedy Road Roadway Improvements—Phase I in Yorkville, Illinois July 30,2024 Rubino Proposal No.Q24.372g Page 11 of 11 GENERAL CONDITIONS 1.PARTIES AND SCOPE OF SERVICES: Rubino Engineering,Inc.shall include said company or its particular division,subsidiary or affiliate performing the services. 'Services"means the specific geotechnical,analytical,testing or other service to be performed by Rubino Engineering,Inc.as set forth in Rubino Engineering,Inc.'s proposal,Client's acceptance thereof and these General Conditions. Additional services ordered by Client shall also be subject to these General Conditions. 'Client"refers to the person or business entity ordering the services to be done by Rubino Engineering,Inc. If Client is ordering the services on behalf of another,Client represents and warrants that it is the duly authorized agent of said party for the purpose of ordering and directing said services. Unless otherwise stated in writing,Client assumes sole responsibility for determining whether the quantity and the nature of the services ordered by the client is adequate and sufficient for Client's intended purpose. Client shall communicate these General Conditions to each and every third party to whom Client transmits any part of Rubino Engineering,Inc.'s services. Rubino Engineering,Inc.shall have no duty or obligation to any third party greater than that set forth in Rubino Engineering,Inc.'s proposal,Client's acceptance thereof and these General Conditions. The ordering of services from Rubino Engineering,Inc.,or the reliance on any of Rubino Engineering,Inc.'s work,shall constitute acceptance of the terms of Rubino Engineering,Inc.'s proposal and these General Conditions,regardless of the terms of any subsequently issued document. 2.TESTS AND INSPECTIONS: Client shall cause all tests and inspection of the site,materials and work performed by Rubino Engineering,Inc.or others to be timely and properly performed in accordance with the plans,specifications and contract documents and Rubino Engineering,Inc.'s recommendations. No claims for loss,damage or injury shall by brought against Rubino Engineering,Inc.by Client or any third party unless all tests and inspections have been so performed and unless Rubino Engineering,Inc.'s recommendations have been followed. Client agrees to indemnify,defend and hold Rubino Engineering,Inc.,its officers,employees and agents harmless from any and all claims,suits,losses,costs and expenses,including,but not limited to,court costs and reasonable attorneys 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 attorneys fees as a result of personal injury,death or property damage occurring with respect to Rubino Engineering,Inc.'s performance of its work and resulting to or caused by contact with subsurface of latent objects,structures,lines or conduits where the actual or potential presence and location thereof were not revealed to Rubino Engineering,Inc.by Client and/or by any of Client's subcontractors or sub consultants 6.RESPONSIBILITY: Rubino Engineering,Inc.'s services shall not include determining,supervising or implementing the means,methods,techniques,sequences or procedures of construction. Rubino Engineering,Inc.shall not be responsible for evaluating,reporting or affecting job conditions concerning health,safety or welfare. Rubino Engineering,Inc.'s services or failure to perform same shall not in any way excuse any contractor,subcontractor or supplier from performance of its work in accordance with the contract documents. Rubino Engineering,Inc.has no right or duty to stop the contractor's work. 7.SAMPLE DISPOSAL: Unless otherwise agreed in writing,test specimens or samples will be disposed immediately upon completion of the test. All drilling samples or specimens will be disposed sixty (60)days after submission of Rubino Engineering,Inc.'s report. 8.PAYMENT: Client shall be invoiced once each month for services performed during the preceding period. Client agrees to pay each invoice within thirty(30)days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause in writing with said thirty(30)day period at the rate of eighteen(18)percent per annum(or the maximum interest rate permitted under applicable law),until paid. Client agrees to pay Rubino Engineering,Inc.'s cost of collection of all amounts due and unpaid after sixty(60)days,including court costs and reasonable 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 party's officers,directors,partners,employees,and representatives,from and against losses,damages,and judgments arising from claims by third parties,including reasonable attorneys'fees and expenses recoverable under applicable law,but only to the extent they are found to be caused by a negligent act,error,or omission of the indemnifying party or any of the indemnifying party's officers,directors,members,partners,agents,employees,subcontractors, or subconsultants in the performance of services under this Agreement. If claims,losses,damages,and judgments are found to be caused by the joint or concurrent negligence of Client and Rubino Engineering,Inc.,they shall be borne by each party in proportion to its negligence. 11.TERMINATION: This Agreement may be terminated by either party upon seven(7)days'prior written notice. In the event of termination,Rubino Engineering,Inc.shall be compensated by Client for all services performed up to and including the termination date,including reimbursable expenses and for the completion of such services and records as are necessary to place Rubino Engineering,Inc.'s files in order and/or protect its professional reputation. Failure of Client to make payments when due shall be cause for suspension of services or,ultimately,termination,unless and until Rubino Engineering Inc.has been paid in full all amounts due for services,expenses and other related changes. 12. DISPUTE RESOLUTION: In the event of a dispute arising out of or relating to this Agreement or the services to be rendered hereunder,the Client and Rubino Engineering,Inc.agree to attempt to resolve such disputes in the following manner: 1)The parties agree to attempt to resolve any and all unsettled claims,counterclaims,disputes and other matters in question through direct negotiations between the appropriate representatives of each party;2)If such negotiations are not fully successful,the parties agree to submit any and all remaining unsettled claims,counterclaims,disputes and other matters in question to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association,effective as of the date of this Agreement. 13.WITNESS FEES: Rubino Engineering,Inc.'s employees shall not be retained as expert witnesses except by separate written agreement. Client agrees to pay Rubino Engineering,Inc.'s legal expenses, administrative costs and fees pursuant to Rubino Engineering,Inc.'s then current fee schedule for Rubino Engineering,Inc.to respond to any subpoena. 14. NO HIRE:Client agrees not to hire Rubino Engineering,Inc.'s employees except through Rubino Engineering,Inc. In the event Client hires a Rubino Engineering,Inc.employee,Client shall pay Rubino Engineering,Inc.an amount equal to one-half of the employee's annualized salary,with Rubino Engineering,Inc.waiving other remedies it may have. 15.HAZARDOUS MATERIALS: Nothing contained within this agreement shall be construed or interpreted as requiring Rubino Engineering,Inc.to assume the status of an owner,operator,generator, starer,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.