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Resolution 2025-053 Resolution No. 2025-53 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 perform the construction of the new Public Works Building with associated parking, sidewalks, fuel island, utility infrastructure, and landscaping at 306 Boombah Boulevard(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 Yorkville Resolution No.2025-53 Page 1 Public Works Building, United City of Yorkville, Professional Services Agreement-Construction Engineering, 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 22nd day of April, A.D. 2025. c \CAC fo'-ttuc - difY CLERK KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS ABSENT RUSTY CORNEILS AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this 2 day of Ay -1, , A.D. 2025. MAYOR Attest: 4• / City lerk Resolution No.2025-53 Page 2 UNITED CITY OF YORKVILLE YORKVILLE PUBLIC WORKS BUILDING Yorkville Public Works Building United City of Yorkville Professional Services Agreement — Construction Engineering 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: The ENGINEER shall furnish the necessary personnel, materials, equipment and expertise to make the necessary investigations, analysis and calculations along with exhibits, cost estimates and narrative, to complete all necessary engineering services to the City as indicated on the included Attachment A. Construction engineering will be provided for the construction of a new Public Works Building with associated parking, sidewalks, fuel island, utility infrastructure, and landscaping at 306 Boombah Boulevard. Engineering will be in accordance with all City, Standard Specifications for Water and Sewer Construction in Illinois, Illinois Department of Transportation, and Illinois Environmental Protection Agency 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 Contractor shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to Contractor: ENGINEER shall receive as compensation for all work and services to be performed herein, an amount based on the Estimate of Level of Effort and Associated Cost included in Attachment C. Construction Engineering will be paid for Hourly (HR) at the actual rates for services to be performed, estimated at $98,557. Direct expenses are estimated at $96,695.50. The hourly rates for this project are shown in the attached 2025 Standard Schedule of Charges (Attachment E). 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 YORKVILLE PUBLIC WORKS BUILDING attachments hereto) and said changes shall only be effective on and after May 1st of that same year. E. Ownership of Records and Documents: Contractor agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. Contractor 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, Contractor agrees to return all such materials to the City. The City agrees not to modify any original documents produced by Contractor without Contractor's 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: Contractor 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 Contractor under this agreement shall be that of an independent contractor. Contractor 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. 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). It, PAGE 2 UNITED CITY OF YORKVILLE YORKVILLE PUBLIC WORKS BUILDING 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). 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 41 PAGE 3 UNITED CITY OF YORKVILLE YORKVILLE PUBLIC WORKS BUILDING 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: Contractor 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 Contractor or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of Contractor 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 either party indemnify any 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 attached Exhibits. Except for those terms included on the Exhibits, no additional terms are included as a part of this agreement. All prior understandings and agreements 41/ l PAGE 4 UNITED CITY OF YORKVILLE YORKVILLE PUBLIC WORKS BUILDING 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 Attachments are as follows: Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Attachment C: Estimate of Level of Effort and Associated Cost Attachment D: Anticipated Project Schedule Attachment E: 2025 Standard Schedule of Charges 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 Illinois 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'7,3'day of (, 2025. United C. of rkville: Engineering Enterprises, Inca '76 7-----' John Purce ,,/ rad Sanderson, P.E. Mayor i� Chief Operating Officer/ President ' ,.,,,Lu.- \, c/bra,6 ,(,./C) J, Jon Behland Angie Smith City Clerk Director of Marketing & Business Development kei ........... .......... ..... PAGE 5 ENGINEERING ENTERPRISES, INC. DECEMBER 2024 ATTACHMENT A - 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. However,to the extent that the Scope of Work differs from the Standard Terms and Conditions,the Scope of Work document controls. 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 furnishing 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 furnishing 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 governmental 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. ENGINEER agrees to cooperate with the OWNER,as necessary,to remediate a Hazardous Condition,but same may result in additional costs to the OWNER. 141 PAGE 1 ENGINEERING ENTERPRISES, INC. DECEMBER 2024 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 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 government,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. PAGE 2 Attachment B - Scope of Services Yorkville Public Works Building United City of Yorkville The United City of Yorkville intends to construct a new Public Works building with associated parking, sidewalks, fuel island, utility infrastructure and landscaping at 306 Boombah Boulevard in Yorkville. Our proposed scope of services for Construction Engineering will include the following: 3.1 Construction Administration • Attend the Preconstruction Meeting with the Contractor • Attend progress meetings with the Contractor and City on an As Needed Basis • Shop Drawing Review • Review Engineering Plans, Specifications and Prepare Field Book • Assist the Construction Manager with Pay Estimates and Change Orders • Assist the Construction Manager with Invoices and Waivers of Lien • Provide Weekly Updates to City or as Required Based on Onsite Activities 3.2 Construction Layout and Record Drawings • Stake Proposed Curb, Sidewalks, Pavement, Utilities, and Building Corners per scope as provided to R.C. Wegman Construction Company • Perform Post Construction Field Survey for Record Drawings • Prepare and Review Record Drawings 3.3 Construction Observation and Documentation • Review Staked layout for the proposed improvements • Take Pre-Construction Videos and Photos of Pre-Existing Conditions • Provide Resident Engineering Services for Construction on an As Needed Basis • Coordinate Any Required Testing on Behalf of the City and Review Test Reports • Provide Quantity Tracking, Documentation and Field Reports on an As Needed Basis • Perform Punch Walks, Prepare Punch List Letters and Provide Follow Up Inspections and Recommend Acceptance When Appropriate (2 Each) • Prepare Project Closeout Paperwork DIRECT EXPENSES The following scope of services will be provided by EEI's subconsultant's: • Material Testing — Rubino (Scope in Exhibit A) • Landscape Construction Administration — Hey and Associates, Inc. (Scope in Exhibit B) The above scope for "Yorkville Public Works Building" summarizes the work items that will be completed for this contract. Additional work items, including additional meetings beyond the meetings defined in the above scope shall be considered outside the scope of base contract and will be billed in accordance with the Standard Schedule of Charges. ATTACHMENT C:ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBER United Ci of Yorkville Y02247-P PROJECT TITLE DATE PREPARED BY Yorkville Public Works Buildin. 4/2/25 CPD TASK ME PIC ;; , ,. :. PS"; ST z . N; NO. TASK DESCRIPTION HOURS COST RATE 251 $218 $175 1 175 $146 $75 3.1 Contract Administration 2 40 20 62 $ 12,722.00 3.2 Construction Layout and Record Drawings 24 113 94 231 $ 42,248.00 3.3 Observation and Documentation 2 20 220 3 245 $ 43,587.00 Construction Engineering Subtotal: 4 84 240 113 94 - 3 538 $ 98,557.00 PROJECT TOTAL: 4 84 240 113 94 - 3 II 538 98,557.00 Assumptions DIRECT EXPENSES RE on site for 50 half days at 4 hours/day Printing/Scanning= $ 200.00 Mileage= $ 3,250.00 Material Testing(Rubino)= $ 88,245.50 Landscape CA(Hey)= $ 5,000.00 DIRECT EXPENSES m $ 96,695.50 LABOR SUMMARY EEl Labor Expenses= $ 98,557.00 TOTAL LABOR EXPENSES $ 98,557.00 TOTAL COSTS $ 195,252.50 52 Wheeler Road,Sugar Grove,IL 60554 Tel:630.466.6700 Fax:630,466.6701 www.eeiweb.com >- Q III4 00 III 0 0 W Ct g a U PI } U rE,I.r I co N2 III O N F- N a }Oo NI m IuI I Z III I 'II si __IIII III ^yIIII V 3 IIII } IIOo CO Q IIII CO M tD TC I1 O O C4 W 7 -J o n Il 0 z CO LV o h V E CO U to to CI c cn o W v W C J 6 co < O > ` O N O N W >- „L.) E J om p o 70 F- w� a Q Z UF- 0 7 o W 1- .FCC C� Z = W U U V a5 W a) Q a ~ O IN to ENGINEERING ENTERPRISES, INC. 44,if ATTACHMENT Ej 52 Wheeler Road, Sugar Grove, IL 60554 Ph:630.466.6700• Ex:630.466.6701 www.eeiweb.com ANDARD S HEDULE OF CHARGES-JANUARY 1, 202 EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $256.00 Principal E-3 $251.00 Senior Project Manager E-2 $243.00 Project Manager E-1 $218.00 Senior Project Engineer/Surveyor II P-6 $208.00 Senior Project Engineer/Surveyor I P-5 $193.00 Project Engineer/Surveyor P-4 $175.00 Senior Engineer/Surveyor P-3 $161.00 Engineer/Surveyor P-2 $146.00 Associate Engineer/Surveyor P-1 $132.00 Senior Project Technician II T-6 $182.00 Senior Project Technician I T-5 $171.00 Project Technician T-4 $159.00 Senior Technician T-3 $146.00 Technician T-2 $132.00 Associate Technician T-1 $115.00 Engineering/Land Surveying Intern I-1 $ 85.00 Director of Marketing and Business Development M-4 $135.00 Marketing Coordinator M-2 $100.00 Executive Administrative Assistant A-4 $ 80.00 Administrative Assistant A-3 $ 75.00 VEHICLES. DRONE, EXPERT TESTIMONY, REPROGRAPHICS AND DIRECT COSTS* Vehicle for Construction Observation $ 20.00 Unmanned Aircraft System / Unmanned Aerial Vehicle / Drone $235.00 Expert Testimony $290.00 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% * unless specified otherwise in agreement OUTSTANDING SERVICE • EVERY CLIENT • EVERY DAY rubino ENGINEERING INC. PROPOSAL April 2, 2025 To: Curtis P. Dettmann, PE Re: Construction Materials Testing Services Engineering Enterprises, Inc. Proposed Yorkville Public Works Building Senior Project Manager In Yorkville, IL 52 Wheeler Rd, Sugar Grove, IL 60554 630.466.6700 Proposal No. Q25.201 Via email: CDettmann@eeiweb.com Dear Mr. Dettmann, Rubino Engineering, Inc. is pleased to submit the following proposal to provide construction materials testing services for the above referenced project. PROJECT UNDERSTANDING Rubino Engineering, Inc. received a request for proposal from Curtis P. Dettmann, PE of Engineering Enterprises, Inc. on April 1, 2025 and the following outlines our understanding of the requested scope of services: Documents Received • RFP phone call from Curtis P. Dettmann, PE of Engineering Enterprises, Inc. on April 2, 2025. Scope of Services EARTHWORK TESTING • Field testing of on-site and borrow soil material o Compaction by the nuclear method, footing inspections and proof-rolls o Please call Rubino ONE WEEK PRIOR to Compaction testing so that Rubino can obtain samples to run a proctor before we are due on-site for testing. • Laboratory testing of on-site and borrow soil material o Standard proctor ASTM D698 or Modified proctor ASTM D1557 • Subgrade/Subbase stone proof roll—parking and building pad INSPECTION OF FOOTING SUBGRADE • Field testing of bottom of footing subgrade excavation o Unconfined compressive strength testing/penetrometer testing CONCRETE TESTING—FOOTINGS AND FLOOR SLAB • Field testing of uncured concrete and inspection of reinforcing steel o Slump, air, temperature, and casting of cylinders o Laboratory testing of cured concrete—compressive strength MASONRY TESTING • Document the placement of and cast specimens for grout and mortar. o Laboratory compressive strength tests on cured mortar and grout samples BITUMINOUS PAVING AND EXTERIOR CONCRETE • Field testing of hot mix asphalt(HMA)—density by the nuclear method • Field testing of uncured concrete and inspection of reinforcing steel o Slump, air, temperature, and casting of cylinders o Laboratory testing of cured concrete—compressive strength STRUCTURAL STEEL • Structural steel inspections during erection on a periodic basis o Visual inspection of representative field welds in general accordance with AWS D1.1. o Continuous Weld inspection, moment weld inspection, and testing with mag particle or ultrasonic methods are excluded from this scope. Advanced notice will be needed to outsource this work for an extra fee, if requested. Rubino Engineering,Inc.•425 Shepard Drive•Elgin,IL 60123•(847)931-1555•(847)931-1560 fax Yorkville Public Works Building in Yorkville,IL —Construction Material Testing April 2,2025 Rubino Proposal No.Q25.201 SOIL STABILIZATION MIX DESIGN • Mix Design per IDOT's Soil Modification with Various Materials procedure for either Lime or Cement(Reference IDOT's Geotechnical Manual—2020) o Hydrometer/Sieve Analysis on untreated soil o Atterberg Limit on untreated soil o Standard Proctor on untreated soil o Treated soil samples at three target modifier(either cement or lime)contents for IBV testing o IBV testing of treated soil samples using a Dynamic Cone Penetrometer(DCP) o Standard Proctor on treated soil at the target modifier content o Recommend a target modifier content and provide an application rate(LB/SY)and treatment thickness o A sample of either lime or cement (depending on the material recommended for the mix design) from the contractor's source is required prior to Rubino performing laboratory testing on treated soils. • Field Testing o Compaction Testing by the nuclear method o Application rate of either lime or cement testing o Dynamic Cone Penetrometer(DCP)Testing LPC 662 TESTING • pH testing in accordance with IEPA LPC-662 requirements Extras • Re-inspection for failed tests • Laboratory testing of HMA- Bulk SG, Max SG, and Loss on Ignition • Floor Flatness testing • Work areas not ready for inspection at the time scheduled • Delays by the contractor • Cancellations • Overtime • Any services not described and listed above Rubino Engineering, Inc. proposes to provide experienced, technical personnel to perform the requested testing in general accordance with the client-provided project specifications. If any of the above information is incorrect, please notify us or change it on the signed copy of the proposal. The following summarizes our preliminary estimate for testing and is subject to change based on final scheduling: Item Estimated Half/Full Day* Number of trips EARTHWORK TESTING 15 Full (8 hours) INSPECTION OF FOOTING SUBGRADE 15 Full (8 hours) CONCRETE TESTING— FOOTINGS AND FLOOR SLAB 10 Full (8 hours) MASONRY TESTING 4 Half(4 hours) BITUMINOUS PAVING AND EXTERIOR CONCRETE 15 Full (8 hours) STRUCTURAL STEEL 5 Full (8 hours) *Portal to Portal Rubino Engineering,Inc. Page 2 of 8 Yorkville Public Works Building in Yorkville,IL -Construction Material Testing April 2,2025 Rubino Proposal No.Q25.201 FEES ESTIMATE OF SERVICES&FEES-PREVAILING WAGE RATES Description Quantity Unit Rate Total EARTHWORK TESTING Engineering Technician(MT-2) 120 @ $120.00 per hour $ 14,400.00 Specimen Pick Up 2 @ $295.00 per trip $ 590.00 Modified Proctor per ASTM D1557 2 @ $311.50 each $ 623.00 Sieve Analysis(Washed)-Granular Material 2 @ $120.00 each $ 240.00 Nuclear Density Gauge 15 @ $47.00 per day $ 705.00 Vehicle Charge-Round Trip 15 @ $65.00 per trip $ 975.00 Engineering: Report Review,Consult,Meetings,Admin 15 @ $135.00 per hour $ 2,025.00 FOUNDATION SOIL TESTING Engineering Technician(MT-2) 120 @ $120.00 per hour $ 14.400 00 Vehicle Charge-Round Trip 15 @ $65.00 per hour S 975.00 Engineering Report Review.Consult Meetings.Admin 15 @ $135.00 per hour S 2.025 00 CONCRETE TESTING-FOUNDATION I FLOOR SLAB. F •, .- Engineering Technician(MT-1) 80 @ $115.00 per hour $ 9,200 00 Concrete Test Cylinders for building 50 @ $18.90 each $ 945.00 Cylinder Pick Up 4 @ $295.00 per hour $ 1,180.00 Vehicle Charge-Round Trip 10 @ $65.00 per trip $ 650 00 Engineering: Report Review,Consult,Meetings,Admin 10 @ $135.00 per hour $ 1,350.00 MASONRY"tEs1i>Ai . Engineering Technician(MT-2) 16 @ $120.00 per hour $ 1,920.00 Grout Specimens 16 @ $18.90 per cube $ 302.40 Mortar Cylinders 24 @ $18.90 each $ 453.60 Specimen/Cylinder Pick Up 4 @ $295.00 per trip $ 1,180.00 Vehicle Charge-Round Trip 4 @ $65.00 per trip $ 260.00 Engineering: Report Review.Consult,Meetings,Admin 4 @ $135.00 per hour $ 540.00 BITUMINOUS PAVING AND EXTERIOR CONCRETE Engineering Technician(MT-1) 120 @ $115.00 per hour S 13,800.00 Concrete Test Cylinders 45 @ $18.90 each S 850.50 Nuclear Density Gauge 8 @ $47.00 per day S 376.00 Cylinder Pick Up 4 @ $295.00 per trip S 1,180.00 Vehicle Charge-Round Trip 15 @ $65.00 per trip S 975.00 Engineering: Report Review.Consult.Meetings.Admin 15 @ $135.00 per hour S 2,025.00 STRUCTURAL STEEL Structural Steel Inspector(MT-2) 40 @ $125.00 per hour $ 5,000 00 Equipment Charge 5 @ $220.00 per day $ 1,100.00 Vehicle Charge-Round Trip 5 @ $65 00 per trip $ 325.00 Engineering. Report Review Consult.Meetings.Admin 5 @ $1:35 00 per hour S 675.00 SUMMARY EARTHWORK TESTING $ 19,558.00 FOUNDATION SOIL TESTING $ 17,400.00 CONCRETE TESTING-FOUNDATION/FLOOR SLAB $ 13,325.00 MASONRY TESTING 5 4,656.00 BITUMINOUS PAVING AND EXTERIOR CONCRETE $ 19,206.50 STRUCTURAL STEEL $ 7,100.00 Lime or Cement Stabilization Mix Design Budget $ 5,500.00 LPC 662 Certification Budget(Contractor sampled with Rubino present to test and collect) S 1,500.00 TOTAL ESTIMATED BUDGET: $ 88,245.50 The work will be accomplished on a unit price basis in accordance with the Rubino Engineering, Inc. Schedule of Services and Fees,and will be performed pursuant to the attached General Conditions. Copies of our Schedule of Services and Fees and General Conditions are enclosed herewith and incorporated into this proposal. Rubino Engineering,Inc. Page 3 of 8 Yorkville Public Works Building in Yorkville,IL —Construction Material Testing April 2,2025 Rubino Proposal No.Q25.201 Rubino Engineering, Inc.'s fees will be determined by the actual amount of technical time expended for this project and the amount of laboratory testing performed by the client's request. Rubino Engineering, Inc. will proceed with the planned work only after receiving a signed copy of this proposal. Please complete the attached Project Data Sheet before returning the proposal to enable your file to be properly established. PROJECT SCHEDULING Please book testing services prior to 4pm the day before testing is needed via our website: https://rubinoenq.com/schedule-field-testing The office and field project manager will be notified, and you will receive a confirmation email and possibly a follow up phone call or email for additional project information. Changes to the schedule or cancellations: scheduling@rubinoeng.com Please call the office with any questions or changes to the schedule between 8am to 4pm. Late or Same Day Scheduling will result in additional time charges for coordination and overtime. CLOSING Rubino appreciates the opportunity to offer our services for this project and we look forward to working with your company. Please contact me with questions pertaining to this proposal or requests for additional services. Respectfully submitted, RUBINO ENGINEERING, INC. RUBINO ENGINEERING,INC.IS: AN AASHTO-ACCREDITED LABORATORY IDOT PREQUALIFIED IDOT DBE-CERTIFIED(100%WOMAN-OWNED) Michel a A. Lipin E President michelle.lipinski(a)rubinoeng.com Rubino Engineering,Inc. Page 4 of 8 Yorkville Public Works Building in Yorkville,IL —Construction Material Testing April 2,2025 Rubino Proposal No.Q25.201 AUTHORIZATION AND PROPOSAL ACCEPTANCE If this proposal is acceptable to you, Rubino Engineering, Inc. will perform the work in accordance with the attached General Conditions that are incorporated into and made a part of this proposal. Please sign below as notice to proceed and return one copy of this proposal intact to our office. We will proceed with the work upon receipt of signed authorization. AGREED TO, THIS DAY OF , 20 . BY (please print): TITLE: COMPANY: SIGNATURE: PROJECT INFORMATION: 1. Project Name: 2. Project Location: 3. Your Job No: Purchase Order No.: 4. Project Manager: Telephone No.: 5. Site Contact: Telephone No.: 6. Number and Distribution of Reports: ( ) Copies To: ( ) Copies To: Attn: Attn: Email: Email: ( ) Copies To: ( ) Copies To: Attn: Attn: Email: Email: 7. Invoicing Address: Attn: Email: 8. Other Pertinent Information Or Previous Subsurface Information Available: Rubino Engineering,Inc. Page 5 of 8 Yorkville Public Works Building in Yorkville,IL —Construction Material Testing April 2,2025 Rubino Proposal No.Q25.201 Rubino Engineering,Inc. Schedule of Construction Materials Testing Services&Fees through December 31,2025(Illinois Prevailing Wage) LABORATORY TESTING SERVICES Compression testing ofconcrete,mortar and grout specimens byASTMprocedures Per Cylinder $ 18.90 Asphalt Maximum Theoretical Specific Gravity Each $168.00 Bulk Specific Gravity Each $144.00 Ignition Oven Test/RefluxExtraction Each $192.00 Auto Extraction Each $275.00 Core Densities Each $ 50.00 Sieve Analysis(Washed) Each $120.00 Sample preparation for the above tests Each $ 50.00 Cylinder Pick Up/Sample Pick Up(not including vehicle charge) Per Hour $110.00 MATERIAL TESTER-1-Field inspection of uncured concrete and asphalt. Per Hour $115.00 Per Hour Overtime(before 7am,after 3pm and Saturdays) $172.50 Per Hour Overtime Sundays and Holidays $230.00 MATERIAL TESTER-2-Field testing of soil Per Hour $120.00 Per Hour Overtime(before 7am,after 3pm and Saturdays) $180.00 Per Hour Overtime Sundays and Holidays $240.00 EQUIPMENT CHARGES Vehicle Charge-Round Trip Per Day $ 65.00 Nuclear Density Gauge Per Day $ 47.00 ENGINEERING SERVICES Principal Engineer Per Hour $185.00 Project Engineer/Manager Per Hour $135.00 REMARKS 1) All fees and services are provided in accordance with the attached Rubino Engineering, Inc.General Conditions. 2) Unit prices/rates are in effect for 6 months from the date of this proposal and are subject to change without notice thereafter if not noted above. Overtime rates are applicable for services performed in excess of 8 hours per day Monday through Friday,before 7:00 AM or after 3:00 PM, 3) and for all hours worked on Saturdays,Sundays and holidays.The overtime rate is 1.5 times the applicable hourly rate. Sundays and holidays are double time. 4) All rates are billed on a portal-to-portal basis. 5) Standby time due to delays beyond our control will be charged at the applicable hourly rate. 6) Transportation and per diem are charged at the applicable rates per trip. 7) Rates involving mileage(including transportation,mobilization,vehicle and trip charges)are subject to change based upon increases in the national average gasoline price. 8) A minimum charge of 4 hours applies to field testing and observation services up to 4 hours. Over 4 hours a minimum of 8 hours applies. Time calculated portal to portal and includes equipment loading,travel,and report preparation. g) Scheduling or cancellation of field testing and observation services is required no less than the working day prior to the date the services are to be performed.Services cancelled without advance and/or inadequate notice will be assessed a minimum 4-hour charge. 10) For all Rubino Engineering, Inc.services,a project management/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. This proposal is based on Rubino Engineering, Inc.being scheduled on an on-call basis and letters of certification will not be provided 14) unless Rubino Engineering, Inc.is notified in advance and Rubino Engineering, Inc.is scheduled for full time inspection and testing of the area or item to be certified. 15) If special inspections are required by the city where the construction is to take place,it must be brought to the attention of Rubino Engineering, Inc.prior to the start of construction as additional charges will apply. 16) Prevailing wage fees are subject to change based on the Illinois Department of Labor. 17) Services and fees not listed on this schedule may be quoted on request. Rubino Engineering,Inc. Page 6 of 8 Yorkville Public Works Building in Yorkville,IL —Construction Material Testing April 2,2025 Rubino Proposal No.Q25.201 Ciente:1171577 RUSINEMG ACORD, CERTIFICATE OF LIABILITY INSURANCE DAM IMMCOIY'tYY' 0/01312024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOIY,THIS CERTIFICATE Of INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING NSURER(SL AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. . IMPORTANT.If the ccrhticate holder is an ADDITIONAL ISURED,the poOcy0esl must have ADDITIONAL INSURED provisions or be endorsed. I SUBROGATION IS WAIVED,subject to the terns and conditsans at the policy,certain policice may require an endorsement.A statement on this certificate does not confer any ng t%to the certificate holder in lieu of such endorsements). PROD CER FACT Laurie Cloninger USI Ins Srvcs LLC Eu c6d'Praf 7'1Y .630 825-6219 I rL",=,i,i.810 537-4839 2021 Spring Road,Suite 100 c-wa AEcertificatestiusi.cam Oak Brook,IL 60523 etsYRElryslarroRurccoaaACE Nato 312 442.7200 INSURER A ail IrturancI Comp,Mly 13064 INSURED INSE.RER a Pack Insurance Company,Limlind 10046 Rubino Engineering,Inc. 424 d Dr NS3 RCRC INSURER D Elgin,IL 60123 INSURER COVERAGES CERTIFICATE NUMBER: REVISION NUMBER. TH6 IS TO CERTEY THAT THE POLICES OF !NSLIANCE LUSTED BELOW HAVE BEEN ISSUED TO THE IIeSuRED NaMEDAEKNE FOR THE POLICY PERKO INDICATED. NOTWITHSTANDING ANY REquICEMENT TEIaA OR CCNCLTION OF ANY CONTRACT OR OTHER OOCu'JENT MTH RESPECT TO MANCH THIS CERTIFICATE intY BE ISSUED OR MAY PERTNN THE esSURANCE AFFORDED BY THE POLICES DESCRIBED HEREN IS SLEuECT TO Au THE TERMS EXCLUS.ONS AND CC}NESTIONS OF SUCH APOLIICIES. ulATS SRYMII MAY HAVE BEEN REDuCED BY Nat CLAMS . POLICY ETT POLICY GM LER TYPE st Or INRAACC INSR POLICY IllIMISCR 0111111011Werre RIMIC NYYt1 LOPS A X CCORIERCIALGLIREALLAAOLfrY PSB0003277 09101/2024 OS/01f2025 t,y.:,L1a1;,cCURRiacr s1,000,000 . --1 CLANS MAX Elc: IAa PREMGClItaAiir...al :1,000.000 MID ISP Om xa paao,'t S10,000 Pt R:CAAI AAt,'WARY 51,000,000 — L..Nt ACC:tY CA7E I SA'Cl'' L'.I•I1. c at AL..fi:-.2LCJ.iP 52,000,000 P:f+::-❑X .ER1'•• R Pre7 our-s.rors+r••Art.:: s2,000,Do0 or t: _ s A ALITOPCikr u*airre PSA0001861 \DO/0112024 001101i2025 c;N.° ;c'huc LA.T 51,000.opo X ANr 4.01::. DC.CiY hi LIP,.P AA,u'i s CC+,Y t 'O11Lti_LED aL:Et Y hill?;;mow ameibel S _ 142tC JV.+ All TOG PROPIRTY"."M",Z S Alp N5TcOYICC IFa asi�deat X Ail'D- :JY• X All TOG OKY S A _11iee LIAR a-r RttL4AR X ue L PS€0002142 0910112024 06101/2025 4:1,DCCURRD,C,: s6,000,000 X EruOS Rua ctAeasu+is AGCra GA'I s6,000,030 CA.G I Ilil II NT ON$ S A woRISERSCOMPERSAHOM PSW0002169 09011202409101/2025 X I:;'A-t,t I I'ul' AMID EMPLOYERS LMaSLIrY t 7+Y.0 O PRETR,PAA-WARE XI CLI y'I el 4 i ' I 4.'-'t 4::.DDINI 51,000,000 CAT CC.RtrMMSR EXC-JOLD' N.A /hIIdRRrI Mtat1 I.I CS"LA1L IA CIA,10,1I :1,000,000 II p,daaeate ilia Cif.r.-favi JN or cet...Tire:tNar I t CA:.Ar.L .t'u,.CY t N.Y' s1,000,000 B Professional 83011056719924 09101/2024 09/01/2025 S2,000,000 each claim/ Liability S4,000,000 annual aggr. Drecet'TIOR Or aKRA7101151 LOCATIONS i VDECLl5!atom 1CI,Addeol>.e R moles ShcsA/k.nor be aldsctssl it non.pars a noxadl Professional Liability is written on a'claims made'policy Form_ Some or all officers are excluded from Workers Compensation coverage. CERTIFICATE HOI PIER CANCELLATION Rubino Engineering,kic. TtE EEII RATIONHE DATE ABOVE THE EOF.ED RID iEEWILL BE ofutiERED Si 425 Shepard Dr. Ac:CONDANCE WITH THE NOLICY NtOWS)NSS. Elgin IL 60123 AUTHOR=o RE Par S ENTA TN E I F 1948.2015 ACORD CORPORATION.Al nghts reserved. AC ORO 2S(2016I03I 1 of 1 The ACORD name and logo arc registered marks d ACORD /848128240If 49Df1202f1 DBDZP Rubino Engineering,Inc. Page 7 of 8