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Resolution 2025-105Resolution No. 2025-105 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 various improvements to E. Hydraulic Avenue, being converting E. Hydraulic Avenue into a one-way street, drainage improvements, pedestrian improvements on E. Hydraulic Avenue, Mill Street and Heustis Street, railway crossing improvements, and safety improvements on E. Hydraulic Avenue from Route 47 to Mill Street (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 Resolution No. 2025-105 Page 1 findings of the Corporate Authorities. Section 2. The Mayor and City Clerk are hereby authorized to execute a E. Hydraulic Avenue Improvements — Phase I, United City of Yorkville, Professional Services Agreement, 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 23rd day of September, A.D. 2025. CLERK KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CHRIS FUNKHOUSER AYE RUSTY CORNEILS AYE CRAIG SOLING AYE MATT MAREK AYE RUSTY HYETT AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois thisO,Aay of 5m , A.D. 2025. Attest: v Clerk MA Resolution No. 2025-105 Page 2 UNITED CITY OF YORKVILLE E. HYDRAULIC AVENUE IMPROVEMENTS - PHASE I E. Hydraulic Avenue Improvements — Phase l 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 roadways indicated on Attachment E will be provided. Phase II and Phase III 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 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 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 $263,354, of which direct expenses are estimated at $20,562. The hourly rates for this project are shown in the attached 2025 Standard Schedule of Charges (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 attachments hereto) and said changes shall only be effective on and after May 1st of that same year. PAGE 1 UNITED CITY OF YORKVILLE E. HYDRAULIC AVENUE IMPROVEMENTS - PHASE 1 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 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: 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 500150-5(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). Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500150-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony. PAGE 2 UNITED CITY OF YORKVILLE E. HYDRAULIC AVENUE IMPROVEMENTS - PHASE I 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 5133E 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 500120-65 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 PAGE 3 UNITED CITY OF YORKVILLE E- HYDRAULIC AVENUE IMPROVEMENTS - PHASE I 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 the 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 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: Estimated Level of Effort and Associated Cost Attachment D: Estimated Schedule Attachment E: Location Map Attachment F: 2025 Standard Schedule of Charges PAGE 4 UNITED CITY OF YORKVILLE E. HYDRAULIC AVENUE IMPROVEMENTS - PHASE I Attachment G: Huff & Huff Proposal Attachment H: Rubino Engineering Proposal 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: City Administrator and City Clerk United City of Yorkville 651 Prairie Pointe Drive Yorkville, IL 60560 For the ENGINEER: Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove Illinois 60554 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. Agreed to th is 2L L�Iday of � a-em &Cf2 , 2025. United ' y f kville: Engineering Enterprises, I John Purcell Mayor Jori Behland City Clerk Brad Sanderson, PE Chief Operating Officer 1 President f, 9 ( Angie Smith Director of Marketing & Business Development PAGE 5 ENGINEERING ENTERPRISES, INC. ATTACHMENT A - SEPTEMBER 2025 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 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. ENGINEER agrees to cooperate with the OWNER, as necessary, to remediate a Hazardous Condition, but same may result in additional costs to the OWNER. PAGE 1 ENGINEERING ENTERPRISES, INC. ATTACHMENT A - SEPTEMBER 2025 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 asset 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 UNITED CITY OF YORKVILLE, IL E. HYDRAULIC AVENUE IMPROVEMENTS - PHASE 1 E. Hydraulic Avenue Improvements — Phase I United City of Yorkville, IL Professional Services Agreement Attachment B — Scope of Services The United City of Yorkville requires Phase I Engineering services for the E. Hydraulic Avenue Improvement project. This project will be funded through the Illinois Department of Transportation and will utilize Illinois Transportation Enhancement Program (1TEP) funding. A location map of the proposed improvements can be found in Attachment E of this proposal. The scope of the project includes converting E. Hydraulic Avenue into a one-way street, drainage improvements, pedestrian improvements on E. Hydraulic Avenue, Mill Street and Heustis Street, railroad crossing improvements and safety improvements on E. Hydraulic Avenue from IL Route 47 to Mill Street. 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 • Kick-off Meeting with City Staff Review Meetings with City Staff (3 meetings) IDOT and FHWA Project Meetings (2 meetings) • IDOT Project Development Report (PDR) Review Meetings (2 meetings) 1.3 Railroad (Omnitrax) Coordination • Kick -Off Meeting with Railroad • On -Going Progress Meetings with Railroad (3 meetings) • Railroad Coordination • Revisions Based on Railroad Comments • Create Preliminary Cross Sections 1.4 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 • Analysis of Existing Railroad Data 1.5 Boundary and Topographic Survey and Field Inspection • Boundary Survey to Determine ROW and Easement Needs • Title Commitments PAGE 1 UNITED CITY OF YORKVILLE, IL E. HYDRAULIC AVENUE IMPROVEMENTS - PHASE I Topographic Survey of the Proposed Limits along E. Hydraulic Avenue, Heustis Street and Mill Street 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 1.6 Geotechnical Coordination and Review • Coordinate the Completion of Soil Borings by Rubino Engineering • Coordinate Geotechnical Report with Rubino Engineering • Review Geotechnical Report 1.7 Environmental Studies and Documentation • Submit Environmental Survey Request (ESR) o Submit the ESR Prescreen Forms to IDOT o IDOT PESA Response o Biological Clearances o Cultural Clearances o Wetland Delineation and Report (Huff and Huff) o Waterway/Surface Waters 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 • QCIQA of Drainage Technical Memorandum 1.9 Proposed Improvement Plans, Typical Sections and Cost Estimates • Create Proposed Improvement Plans • ROW/Easement Needs Analysis • Create Preliminary Typical Sections • Preliminary Cost Estimate • QCIQA 1.10 Traffic Maintenance • Investigate Preliminary Maintenance of Traffic Schemes • Maintenance of Traffic Typical Sections 1.11 Public Involvement • Put Together Announcements, 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 PAGE 2 UNITED CITY OF YORKVILLE, IL E. HYDRAULIC AVENUE IMPROVEMENTS - PHASE I 1.12 Preliminary Project Development Report (PDR) • Prepare Draft PDR Report • Prepare all Exhibits and Attachments Required for the PDR • QC/QA • Submit PDR to the City and IDOT for Review 1.13 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 • QCIQA • Prepare Disposition of IDOT and City Comments Exclusions: • No allowance has been made for any ROW appraisals or negotiations • No allowance has been made for Phase 11 Design Engineering • No allowance has been made for Phase Ill 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 to prepare 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 E. Hydraulic Avenue 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. PAGE 3 = _ = e = o � I m Cl 't « g e ���e�27&5\iRr� kc"m2 c" § n - n 2 ______________ ° & G m 3 G ' 9 I' 7 / _ -p y» 11 a e : c m � _ = o = c � - § 2 © a° S m§ e a R e e@ .. 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R . § . o \ . \ cq \ [ 22 0 CN Ln f : ] £ § c cm — z o T r , co § ° go \ 3 ) ■ ® a \ \ \ \ 7)CL ) - m 2 § ± k ) m F E |: e y o t9Co § E/ § § 2 O f) - - � » B 5 & \ * $ 2 = f 2 /\ G< �) ® D ! ± C u . \ k o £ } j) \ ) § b \ \ } % 4 17. =@[ 2 a 5 3 ` a e 2> a.2 - _ = o $ i U — Q ) £ % a 0 t ! 12 I / / 2 < 3 m 0` E i g( 7 = ƒ 3)) { ] \ ) % $ } § 2 2 LL 3 m o 3 aEL e g a I S 2 \ [ § 0 � � � � � Q 2 2 2 i L H Me,01 7 t _ A ,�I -y low- db rn Van Emmon # �.• ar Legend Project Limits 300 150 0 Feet �� Engineering Enterprises, Inc DATE: SEPTEMBER 2025 N .PRoJECTNo.: ATTACHMENT E 52 Wheeler Road Y02447 E. HYDRAULIC AVENUE Sugar Grove, Illinois 60554 BY MJT IMPROVEMENTS (630) 466-6700 PAT": LOCATION MAP H'IGISIPt19L�CYORKV IELE1?0241 www.eeiweb.com FILE: ENGINEERING ENTERPRISES, INC. ATTACHMENT F �+� 52 Wheeler Road, Sugar Grove, IL 60554 Ph: 630.466.6700 • Fx: 630.466.6701 www.eeiweb.com EMPLOYEE DESIGNATION CLASSIFICATION Senior Principal Principal Senior Project Manager Project Manager Senior Project Engineer/Surveyor 11 Senior Project Engineer/Surveyor I Project Engineer/Surveyor Senior Engineer/Surveyor Engineer/Surveyor Associate Engineer/Surveyor Senior Project Technician 11 Senior Project Technician I Project Technician Senior Technician Technician Associate Technician Engineering/Land Surveying Intern Director of Marketing and Business Development Marketing Coordinator Executive Administrative Assistant Administrative Assistant E-4 E-3 E-2 E-1 P-6 P-5 P-4 P-3 P-2 P-1 T-6 T-5 T-4 T-3 T-2 T-1 1-1 M-4 M-2 A-4 A-3 HOURLY RATE $256.00 $251.00 $243.00 $218.00 $208.00 $193.00 $175.00 $161.00 $146.00 $132.00 $182.00 $171.00 $159.00 $146.00 $132.00 $115.00 $ 85.00 $135.00 $100.00 $ 80.00 $ 75.00 VEHICLES. DRONE, EXPERT TESTIMONY, REPROGRAPHICS AND DIRECT COSTS* Vehicle for Construction Observation $ 20.00 Unmanned Aircraft System 1 Unmanned Aerial Vehicle 1 Drone $235.00 Expert Testimony $290.00 In -House Scanning and Reproduction $025/Sq. Ft. (Black & White) $1.0015q. 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 ATTACHMENT G September 3, 2025 Mr. Christopher J. Ott, P.E., CPII Via Email: Cott@eeiweb.com Project Manager Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, IL 60554 Re: Phase I Environmental Services: Hydraulic Avenue Improvements Yorkville, Kendall County, Illinois Proposal No.: 81.111013078.26 Dear Mr. Ott: Huff & Huff, Inc., a subsidiary of GZA, Inc. (GZA) is pleased to submit this proposal to Engineering Enterprises, Inc. (EEI or Client) to conduct Phase I environmental services for the proposed improvements project along Hydraulic Avenue in the City of Yorkville, Kendall County, Illinois (City). We understand the project involves reconstruction along Hydraulic Avenue with project limits extending from South Bridge Street to just east of Mill Street (approximately 1,000 feet) and including improvements along both Heustis Street and Mill Street from E Van Emmon Street to E Hydraulic Avenue (approximately 320 feet each roadway). Client has requested completion of a wetland and waterway/surface waters delineation and a Preliminary Environmental Site Assessment (PESA). This proposal presents our: Project Understanding; Scope of Services; Level of Effort, Cost, and Schedule; and Proposal Acceptance. Terms and Conditions are included as an attachment. 1. PROJECT UNDERSTANDING EEI provided the following documents that shall serve as our basis of understanding in preparing the attached scope and fee: • Two pages of Plan Sheets from Illinois Transportation Enhancement Program (ITEP) Application, including Hydraulic Avenue Improvements (Sheet 1 of 2) and Heustis Street and Mill Street Improvements; • Phase I Environmental Site Assessment — Three Parcels Near IL Route 47 & East van Emmon Street, dated October 31, 2012, byTerracon Consultants, Inc. (262-pages); and • Email correspondence on August 29, 2025, with brief description of improvements. Based on our understanding of the project, GZA has made the following assumptions and comments: • The Hydraulic Avenue reconstruction improvements are part of a larger City of Yorkville Hydraulic District Revitalization Project associated with commercial businesses and recreational areas within the Hydraulic District. • ITEP Funding is anticipated to be part of this project, and the project is to follow IDOT protocols; • The project limits are estimated based on Client provided ITEP Application Figures; • The scope of the project includes reconstruction of the existing road, installation of new curb, sidewalk removal and replacement, railroad crossing improvements and other related work; September3, 2025 81.P013078.26 Hydraulic Avenue Improvements Yorkville, Kendall County, Illinois Page e GZA 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; and 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. 2. SCOPE OF SERVICES Task 1— Wetland and Surface Waters Delineation and Report 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 Wetlands Inventory (NWI) Maps; • Federal Emergency Management Agency (FEMA), Flood Insurance Rate Maps (FIRM); and • USGS Hydrologic Atlases. Actively farmed agricultural land is not present within the project limits. Therefore, a farmed wetland determination (FWD) will not be required and is not included within this scope of services. On -Site Investiaotion (Field Inventor 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 duringthe on -site investigation. Surface waters delineation field activities include P:\FY2026\P013 - Transportation\EEI\Yorkville\Hydraulic Ave\81.13013078.26 ED Hydraulic Ave PE5A-Wetiands.docx September 3, 2025 81.P013078.26 Hydraulic Avenue Improvements Yorkville, Kendall County, Illinois Page13 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 151h and October 15�h. 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 FClAs, 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 — Preliminary Environmental Site Assessment (PESA) A PESA will be completed for local roads portions of the project corridor and the process will follow general protocols contained within: • A Manual for Conducting Preliminary Environmental Site Assessments for Illinois Department of Transportation ([DOT) Highway Projects (Erdmann et al., 2012). • ASTM International (ASTM) standard 1527-21. • Chapter 27-3 of the IDOT Bureau of Design and Environment (BDE) (December 2019) Manual. The IDOT BIDE Manual was published in September 2012 and Revised August 2023. • IDOT Bureau of Local Roads and Streets (BLRS) Manual, Chapter 20-12, Special Waste, July 2013. • Public Act 96-1416. • Clean Construction or Demolition Debris Fill Operations (CCDD) and Uncontaminated Soil Fill Operations: Amendments to 35 Illinois Administrative Code 1100. Effective on August 27, 2012. Sub -Task A. Historical Research The site's historical land use/ownership record will be developed from standard historical sources. Historic aerial photographs will be reviewed to identify land use overtime and potential areas of environmental concern, such as areas of surface disturbance and outside storage. P:\FY2026\P013 - Transportation\EEI\Yorkville\Hydraulic Ave\81.Po13078.26 EEI Hydraulic Ave PESA-wetlands.docx September 3, 7025 81.Po13078.26 Hydraulic Avenue Improvements Yorkville, Kendall County, Illinois Page14 Sub -Task B. Site Evaluation Current environmental features and conditions of sites adjacent to the right-of-way/project area will be evaluated. A site walkover of potential right-of-way/project areas designated for excavation and/or acquisition will be conducted for first- hand evaluation of current environmental conditions within the project limits. 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. Sub -Task C. Records Review We propose obtaining a corridor specific database for this project. A records review will be conducted to determine potential environmental concerns within the study area. It 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 outline of the study area. 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 IEPA to obtain additional data pertaining to identified sites. Sub -Task D. Report Preparation One report summarizing the results of the evaluation will be prepared, including the following information: a) The project location and description b) Historical uses of corridor. c) The area geology and hydrology. d) The environmental status of sites adjacent to the corridor regarding chemical use and storage, underground and aboveground storage tanks, solid waste, special waste, hazardous waste, and PCBs. e) An analysis of the site inspection. f) A summary of the findings regarding environmental concerns. This will include IDOT's BIDE Manual Chapter 27-3, Special Waste Procedures, and identification of Potentially Impacted Properties (PIPs) per Subpart F, Section 1100, 35 IAC, related to Clean Construction or Demolition Debris management. Task 3 — Project 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 4 — 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 PESA will require approximately six (6) weeks to complete. If an expedited schedule is necessary, GZA 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 IDOT BLR 05514 CPFF format. P:\i=Y2026\P013 - Transportation\EEI\Yorkville\Hydraulic Ave\81.P013078.26 EEI Hydraulic Ave PESA-Wetlands.docx September 3, 2025 81.P013078.26 Hydraulic Avenue Improvements Yorkville, Kendall County, Illinois Page15 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. GZA'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 GZA. GZA 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 GZA. 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, DELI 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 ENGINEERING ENTERPRISES INC. By Printed/Typed Name: Title: 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:\FY2026\P013 - Transportation\EEI\Yorkville\Hydraulic Ave\81.13013078.26 EEI Hydraulic Ave PESA-Wetlands.docx September 3, 2025 81.P013078.26 Hydraulic Avenue Improvements Yorkville, Kendall County, Illinois A TTA CNMENTS ATTACHMENT A TERMS AND CONDITIONS P:\FY2026\P013 -Transportation\EEI\Yorkville\Hydraulic Ave\81.P013078.26 EEI Hydraulic Ave PESA-Wetlands.docx TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES (D 2025 by GZA GeoEnvironmental, Inc. These Terms and Conditions, together with GZA's Proposal, makeup the Agreement between GZA and You, the Client, named in the Proposal. If the attached GZA Proposal is styled as a Master Services Agreement, then these Terms and Conditions will apply to any and all Services ordered by you and performed by GZA. BEFORE SIGNING THE PROPOSAL, BE SURE YOU READ AND UNDERSTAND THE PARAGRAPHS ENTITLED "INDEMNIFICATION", "LIMITATION OF REMEDIES" AND "DISPUTES" WHICH DEAL WITH THE ALLOCATION OF RISK BETWEEN YOU AND GZA. s) Services. GZA will perform the services set forth in its Proposal and any amendments or change orders authorized by you (the "Services"). Any request or directionfrom youthatwould require extra work or additional time for performance orwould resultin an increase in GZA'scostswill bethe subject ofa negotiated amendment orchange order. All Services performed by GZAwill be governed bythis Agreement, even if performed priorto yourexecution of the Proposal. 1) Term. If the attached GZAproposal is styled as a Master Services Agreement, then theterm of this Agreemertwill begin on the date of execution of the Proposal (the "Effective Date"), and either party mayterminate this Agreementfor convenience upon thirty i days' written notice, provided that GZA will be paid for all services performed through the dateoftermination. 3) Standard of Care; Warranties. a) GZAwill perform professional Services with the degree of skill and care ordinarily exercised by qualified professionals performing the same type of services atthe sametime undersimilar conditions in the same or similar locality. GZA'S sole responsibility with regard to Services which do not meetthe foregoing standard of care is to reperform such Services, at GZA's expense, but only if you provide GZA written notice of such non-conformitywithin ninety (go) days aftercompletion of the Services. b) NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WARRANTY OF MARKETABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE OR INTENDED BY GZA'S PROPOSAL OR BY ANY OF GZA'S REPORTS OR OTHER CONDUCT. c) GZA 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 equipmentwill pass to you upon deliveryto the Site, and you will be responsible for insuring and otherwise protecting them againsttheft and damage. 4) Payment. a) Exceptas otherwise stated inthe Proposal, youwill compensate GZAforthE Services atthe rates setforth inthe 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 GZA's Proposal shall be due priortothe start of Services and will be applied to the final invoice for Services. c) GZAwill submitinvoicesperiodically, and paymentwillbedue within aodaysfrominvoice date. YouwillnotifyGZAinwritingofanyinvoicedisputeswithin io days of the invoice date, and if no written notice of dispute is received, the invoice will be deemed approved in full. Overdue payments will bear interest at 11/z percent per month or, if lower, the maximum lawful rate. GZA may terminate the Services upon io days' written notice anytime your payment is overdue onthis or any other project andyouwill payforall Servicesthrough termination, plustermination costs. Youwill reimburse GZA's costs of collecting overdue invoices, including reasonable attorneys' fees (including costsfortime expended by in-house counsel, whichwill be chargedtoyou atthe prevailing market rate for attorneys of similar experience practicing in the jurisdiction). Any amounts paid by you to GZA will be applied first to interest and costs incurred by GZA, and then to the principal balance. g) Your Responsibilities. a) If the Services involve entry onto a third -party property or otherwise require access to property you do not own or control, you will secure the access agreements, approvals, permits, licenses and consents necessary for performance of the Services, without GZA becoming a party to or otherwise being required to sign any such agreements, approvals, permits, licenses and consents. If you are the owner or operator of the Site, you will provide GZA 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 orgeotechnical conditions atthe 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 agreeto make reasonable efforts to obtain these same documents and provide them to GZA. GZA is entitled to rely on the accuracy and completeness of documents and information you provide_ You acknowledge that the quality of the Services provided by GZA is directly related to the accuracy and completeness of the information and data that youfumishtoGZA. 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 contractoror construction manager provisions obligating the latter: i) to defend, indemnify and hold harmless, to the fullest extent permitted by law, GZA, its affiliates and subsidiaries, and each of their officers, directors, members, partners, agents, insurers, employees, and subconsultants(the 'GZA Indemnitees") and you, fororon account ofanyclaims, 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, the construction manager, or any of their subcontractors or any engineer engaged bythem; ii) to name you and GZA as additional insureds under general liability and builders risk insurance coverages maintained by the contractor or construction manager, or any of their subcontractors, and to ensure that such policies are primary and noncontributory with regard to the above indemnity obligations; and iii) to requirethat all of their subcontractors agree and be bound tothe obligations Setforth in (i) and (ii) above. c) Inthe eventthatyou are unableto secure such provisions in the agreement(s) with the contractor orconstruction manager, you shall promptly(butin any event priorto the commencementof the Services) notify GZAand GZAshall have the opportunityto negotiate with you reasonable substitute risk allocation and insurance indemnities and protections. Failure to provide such notice will be a material breach of this Agreement. d) Tothe extentyou are entilledto indemnification (either contractual oratcommon law)orare otherwise indemnified bythe contractor or construction manager and/or their subcontractors, you agreeto waive any claim (including without limitation indemnification or insurance claims) against GZA. Right of Entry; Site Restoration. You grant GZA and its subcontractors) 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 GZA to enterthe Site and perform the Services; you will provide reasonable verification on request; and you will indemnify the GZA Indemnitees for any claims by the Site owner related to alleged trespass by GZA or its subcontractors. Although GZA 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 andyou agreeto compensate GZAforany restoration it isaskedto perform, unlessotherwise indicated inthe Proposal. (08J25-EditionJo5-9oio) August 8, 2025 Terms and Conditions Page j 2 of 4 7) Underground Facilities. GZA'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 GZA with respect to personal injury and property damages due to GZA's interference with subterranean structures including but not limited to utilities, conduits, pipes, and tanks: a) that are not correctly shown on any plans and information you or governmental authorities provide to GZA; or b) that are not correctly marked by the appropriate utility. 8) Reliance. The services, information, and other data furnished by you shall beat your expense, and GZA 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 GZA is directly related to the accuracy and completeness of the information and data that you furnish to GZA. GZA'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 PROJECTOR PURPOSE, SHALL BEAT YOUR OR SUCH OTHER PARTY'S SOLE RISK AND WITHOUT ANY LIABILITY TO GZA. YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE GZAINDEMNITEES 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 GZA AND SUCH LIMITED LICENSE TO YOU SHALL NOT CREATE ANY RIGHTS IN THIRD PARTIES. However, in GZA's sole discretion, which maybe withheld for any reason whatsoever, ifyou request that GZA extend reliance to a third party, then such reliance will be conditioned upon the third party's acceptance of such reliance on GZA's standard reliance terms and you will be obligated to pay GZA a reliance fee calculated as 1o% of GZA's original fee for the report upon which reliance is being extended. g) Lab Tests and Samples. GZA is entitled to rely on the results of laboratory tests using generally accepted methodologies. GZA may dispose of samples in accordance with applicable laws 3o days after submitting test results to you unless you request in writing forthem to be returned to you or to be held longer, in which case you will compensate GZA for storage and/or shipping beyond 3o days. io) GZA Professionals. GZAemployees orcorisultants mayact as licensed, Certified orregistered 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 "GZA Professionals"), whose duties may include the rendering of independent professional opinions. You acknowledge that a federal, state or local agency or otherthird party may audit the Services of GZA or other contractorlconsultant(s), which audit may require additional Services, even though GZA and such GZA Professionals have each performed such Services in accordance with the standard of care set forth herein. You agree to compensate GZA for all Services performed in response to such an audit, or to meet additional requirements resulting from such an audit, at the rates set forth �n the applicable Proposal, amendment orchange order. 1i) Hazardous Materials; GZA "Not a Generator". Before any hazardous or contaminated materials, including, if applicable, ACMs (the "Wastes") are removed fromthe Site, you will sign manifests naming you asthe generatorofthe Wastes (or, ifyou are notthe generator, you will arrange forthe generatorto sign).You will selectthe treatment or disposal €acilityto which any Wastes are taken. GZAwill not be the generatoror owner of, norwill it possess, taketitle to, orassume legal liability for any Wastes at or removed from the Site. GZA will not have responsibility for or control of the Site or of operations or activities at the Site other than its own. GZA 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 GZA Indemnitees harmless for any costs or liability incurred by GZAin defense of orin payment for any legal actions inwhich it is allegedthatGZA isthe owner, generator, treater, storerordisposer of a ny Wastes. 12) Limits on GZA's Responsibility. GZA will not be responsible forthe acts or omissions of contractors or others at the Site, except for its own subcontractors and employees. GZA will not supervise, direct or assume control over orthe authorityto stop any contractor's work, nor shall GZA's professional activities northe presence of GZA or its employees and subcontractors be construed to implythat GZA has authority overor responsibility for the means, methods, techniques, sequences or procedures of construction, far work site health or safety precautions or programs, orfor any failure of contractors to comply with contracts, plans, specifications or laws. Any opinions by GZA 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. 13) 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 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, GZA 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, GZA will be entitled to terminate the Services and to be equitably compensated forthe Services already performed. GZA 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 GZA's reasonable control, and you will compensate GZAfor any resulting increase in its costs. 14) Documents and Information. All documents, data, calculations and work papers prepared orfurnished by GZA are instruments of service and will remain GZA's property. Designs, reports, data and other work product delivered to you are for your use only, for the limited purposes disclosed to GZA. Any delayed use, use at another site, use on another project, or use by a third party will be at the users sole risk, and without any liability to GZA. Any technology, methodology or technical information learned or developed by GZA will remain its property. Provided GZA is not in default under this Agreement, GZA's designs will not be used to complete this project by others, except bywritten agreement relating to use, liability and compensation. 15} Electronic Media. In accepting and utilizing any drawings, reports and data on any form of electronic media generated by GZA, you covenant and agree that all such electronic files are instruments of service of GZA, 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 GZA 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 GZA will be at the user's sole risk and without any Iiabilityto GZA. 16) Confidentiality; Subpoenas. Information aboutthis Agreement and GZA's Services and information you provide to GZA regarding your business and the Site, otherthan 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 GZA reasonably believes is necessary: (a) to perform the Services; (b) to complywith professional standards to protect public health, safety and the environment; and (c) to comply with laws, regulations, court orders and professional obligations. GZA will make reasonable efforts to give (cS/25-Editionlo5-goio) August S, 2025 Terms and Conditions Page 13 of 4 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 GZA 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 (including, without limitation, foroutside counsel expenses incurred by GZA andlortime 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). Notwithstanding the foregoing, GZA shall be entitled to use your name and a general description of the Services in promotional materials. 17} Insurance. During performance of the Services, GZA will maintain workers' compensation, commercial general liability, automobile liability, and professional Ilabilitylcontractor's pollution liability insurance. GZAwill furnish you certificates of such insurance on request. 18) Indemnification. You agree to hold harmless, indemnify, and defend the GZA 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 orthe Services, except to the extent they are caused by GZA's negligence or willful misconduct The duty to defend will be triggered upon a claim, suit, fine and/or penalty being alleged orthreatened, and will onlyterminate when and to the extent GZA's proportion of negligence is finally adjudicated by a court of competent jurisdiction. If the foregoing indemnification is determined to be void or unenforceable as a matter of law, then it shall be automatically reformed to applythe original intent of the clause to the maximum extent permissible by law. ig) Limitation cf Remedies. a) Tothe fullest extent permitted by lawand notwithstanding anything else inthis Agreemerittothe contrary, the aggregate liability (if GZAand its affiliates, parents and subsidiaries and subcontractors and each of their employees, insurers, principals, officers, directors, partners and agents (collectively referred to inthis paragraph as"GZA")forall claims(arising intort, bycontract orotherwise, and specifically including any indemnification orcontribution obligation owed by GZA, arising under contract or at common law, if any) arising out of this Agreement or in anyway related to GZA's Services is limited to sSo,000 or, if greater, xo%o#the compensation received by GZAunderthis Agreement. b) You may elect to increase the limit of liability by paying an additional fee, such fee to be negotiated priorto the execution of this Agreement. c) Any claim (as described in ig(a)) against GZA related in anyway to the Services provided pursuant to this Proposal, orthe terms herein, is waived unless suit is commenced in a proper jurisdiction within one year of substantial completion of GZA's Services. This waiver may not be construed to extend any applicable statute of limitations. d) GZA will not be liable for lost profits, loss of use of property, delays, contractual penalties or other special, indirect, incidental, consequential, punitive, exemplary, liquidated, ormultiple damages. This includes but is notlimited tofines andlor penalties and/or sanctions imposed by any local, state, orfederal government, agency, or regulatory body. e) GZAwill not be liableto you orthe Site ownerfor injuries ordeath5 suffered by GZA's or its subcontractors' e rn ployees. f} You will look solelyto GZA for your remedyfor any claim arising out of or relating to this Agreement, including anyclairn arising outof or relating to alleged negligence or errors or omissions of any GZA principal, officer, employee or agent. To the extent damages are covered by property insurance or any other insurance, bothyou and GZAwaive all rights againsteach otherand againstthe 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. You or GZA, 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. so) Disputes. a) Subjecttothe provisions of 2o(d) below, all disputes between you and GZAshall be subjectto 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 bythe American Arbitration Association in accordance with its most recent Construction Mediation Rules, or by such otherperson ororganization as the parties may agree upon. d) No action or suit maybe commenced unless mediation has occurred but did not resolve the dispute, or unless a statute of limitations period orthe one-year waiver period described in ig(c) above 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 GZA sends you a final demand letter for payment, your fallure to remit payment in full (including interest, costs, attorneys fees and all other charges permitted by Section 4(c)) 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 ifyou ultimately do not accept receipt ofthe letter or the letter is otherwise undeliverable to your address of record with GZA or with the Secretary of State in the jurisdiction where you are organized) of such letter will be deemed to be a waiver of your right to enforce this mediation clause and GZA may immediately file suitto enforce the terms of this Agreement. e) In the event GZA commences litigation to recover payment of an unpaid invoice, you shall not be permitted to interpose any counterclaim. Any claim against GZA which remains viable underthe terms ofthis Agreement must instead be brought in a separate action against GZA, subject to the terms of this Agreement, including, without limitation, the pre -suit certification requirement contained in Section 20(g). f) You agree to pay reasonable attorneys' fees and all other costs and expenses (including, but not limited to reasonable investigative expenses and expert and consultant expenses) which may be incurred by GZA in the enforcement of this Agreement in the event that (a) it is finally adjudicated by a court of competent jurisdiction that you have breached this Agreement; or (b) where you allege that GZA has breached this Agreement or otherwise acted negligently and it is finally adjudicated by a court of competent jurisdiction that GZA did not in fact breach this Agreement or act negligently. lffor any reason it is adjudicated that the foregoing provision is in violation of applicable law, is subject to a state statute automatically converting this clause to be reciprocal between the parties, is contraryoo public policy or is unconscionable or a contract of adhesion, then the foregoing clause will be null and void and of no effect. Under no circumstances shall the foregoing clause be replaced with a reciprocal clause. g) You shall make no claim against GZA for professional negligent acts, errors, omissions andlor alleged breach of contract either directly, indirectly, as a counterclaim orcrossclaim, Orin athird partyclaim, unless you havefirst provided GZAwith a written certification executed byan independent professional practicing inthe same discipline as GZA and licensed inthejurisdiction in which GZA provided you its Services. This certification must (i) identifythe name and license ofthe certifier, (ii)specify each and every actor omission that the certifier contends is a violation ofthe standard ofcare expected ofprofessional performing professional services under similar circumstances; and (iii) state in complete detailthe basisfor certifier's opinionthat each such actoromi5sion constitutes a violation of the standard of care. This certificate must be provided to GZA no less than thirty (30) days priorto the submission of a formal claim. (08125-Editlonlo5-90zo) August 8, 2025 Terms and Conditions Page 14Of4 h) With regard to Sections S, 6, 8, ig and 2a of this Agreement, the terms "claim", "any claim" and "all claims" shall be defined as broadly as legally possible, including without limitation any and all claims arising in contract (including indemnification obligations owed by GZA, if any), tort or by any other legal theory or argument. 21) Miscellaneous. a) This Agreement and all claims relating thereto shall be governed by the substantive and procedural laws of the Commonwealth of Massachusetts, 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 underthis Agreement and thetermination of the contractforany reason. 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 GZA unless specifically approved in writing by a principal of GZA. d) Having received these Terms and Conditions, your oral authorization to commence Services, your acceptance of performance of the Services, your actions, oryouruse 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 GZA. f) Neither party may assign or transferthis Agreement or any rights or duties hereunder without the written consent of the other party. g) Yourfailure orthefailure of your successors orassigns to receive payment, reimbursement, insurance proceeds or grantfunds from anyother party for any reason whatsoever shall not absolve you, your successors or assigns of any obligation to pay any sum to GZA under this agreement. h) These Terms and Conditions shall govern over any inconsistent terms in GZA's Proposal. i) Any provision of this Agreement later held to be unenforceable for any reason shall be deemed void, and all remaining provisions shall continue in full force and effect on the parties, who agree that the Agreement shall be reformed to replace such voided provision with a valid and enforceable provision that comes as close as possible to expressing the intention of the voided provision. 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 GZA will be subjectto GZA's standard report limitations forthat particulartype of report. 1) Tothe extent applicable to GZA's Services, you acknowledge and agree that GZA cannot anticipate the effects of climate changelextreme weather on any report, design or otherdocument produced by GZA, unless such analysis is specifically within the scope of GZA's Services. m) You agree that during the performance of GZA's Services and fora period of twelve (12) months completion of those Services, you will not encourage, induce, or otherwise solicit, or actively assist any other person or organization to encourage, induce or otherwise solicit, directly or indirectly, any employee of the GZA or any of its affiliates to terminate their employment with GZA or any of its affiliates, or otherwise interfere with the advantageous business relationship of GZA or any of its affiliates with theiremployees. You agree that if you violate this non -solicitation provision, you will pay GZA liquidated damages in an amount equal to the total earnings of the solicited employee during the last twelve (iz) months of their employment with GZA. n) This Agreement does not create any third -party beneficiaries and is intended forthe benefit of the parties hereto and their respective successors and permitted assigns, and is not forthe benefit of, nor may any provision hereof be enforced by, anyone else. 22) Asbestos Abatement Services (If Applicable). if the Services include asbestos abatement services, then the following terms and conditionswill 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 thatthe limitation on available data may result in some level of uncertaintywith respectto the interpretation of those conditions, despite due professional care. GZAtherefore cannot guarantee specific results such asthe identification or removal of all asbestos or other contamination. 23) 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. 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 ofortoxins emanating therefrom. 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 which grow 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 GZA has neither control or responsibility, GZA 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 crass -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 thatthe limitation on available data may result in some level of uncertainty with respectto the interpretation of these conditions, despite due care. GZA therefore cannot guarantee specific results Such as the identification of all contamination or other environmental conditions or problems northeir resolution. c) You acknowledgethat Microbial infestations may be hidden from view and concealed in locations that are difficultto discover. Accordingly, you agree that despite GZA's efforts, some Microbial locations may remain undetected. In such situations, you agree that you will have no claim against GZA provided GZA followed the applicable standard of care and all applicable laws and regulations pertaining to the Work. d) You further agree that when GZA performs Services intended to minimize the risk of Microbial infestations, GZA shall not be liable for damages resulting from Microbial contamination including but not limited to fungal or bacterial infestations and water damage ordry orwet rot. You agree to waive any Microbial infestation claim(s) against GZA and you agree to indemnify, defend and hold the GZA Indemnitees harmless from any claim alleging that GZA's Services caused or aggravated a Microbial infestation ordid not prevent a Microbial infestation from recurring. (a8j25-Editionjo5-9oio) Au j, ,, N, _c September3, 2025 81.P033078.26 Hydraulic Avenue Improvements Yorkville, Kendall County, Illinois A 7TA CHMENTS ATTACHMENT B CLIENT PROVIDED INFORMATION P:\FY2026\P013 - Transportation\EEI\Yorkville\Hydraulic Ave\S1.P013078.26 EEI Hydraulic Ave PESA-Wetlands.docx u @ a 2 � � } ( § 2� | - I t 2§ )k§ - § §§| 'EE !2E §\ i� �_ );§ �}B , ( yy em \§ (� � !« \ {) . �a- \ ©{.2/,/Z° §§3 Z �Z " §$) { N|,|2� 2 ` ° sn \ s 1� � U Naa a a N w a i m „ j ❑ as LU �� 34 �daa G� W cn 001111 cc2cn LU ❑ 4 0LU } U QLu ILIL h 133MIS NOWW3 NVA'3 o 1 MIS NOWW3 NVA'3 a J IL W W f LU W � Z J2 J Jit i a ` III � J III z4 o—a II� w Y 1`LU p a 1 J w k a0 w J O zn C. J O O —� 0 000 w�BomF pa °wo na J �s L)�JJ m Q a�a Ow wm a FwY�� Ow n< a¢ JJ 45 VN �•. R. aU' aQ aKF aN � � 9F U1 6� f ¢ a r OY Z zm 7 YWOY w • • `= W Uhl'nd f w � N Q i o FL •' a •: a c'� n CD g p .c a- w+s I��...n.,.,, m� - w�•v+s .s a m w s e •xx s •�,� s w��=d September 3, 2025 81.P013078.26 Hydraulic Avenue Improvements Yorkville, Kendall County, Illinois ATTACHMENTS ATTACHMENT C COST SHEETS P:\FY2026\P013-Transportation\EEI\Yorkville\Hydraulic Ave\81.1`013078.26 EEI Hydraulic Ave PESA-Wetlands.docx W N w x LL A m d m M E 4 � � CL J z O Im m z E 'J1 M V Q O H Y C 0 O a U i� o O E J U th Y L m U) W U) (D C N C O w fa) �II L c E 7 O Q 7 C Q c� 31 2 o CD o v�7 C li C-i T H 0 O aU.U- w}0 _ o 5C > J O2 O U LLJ J m � a Lu O a a J Ca) O Z W 0 a J J J N N N V Q N N N ii T T N a °T°och T Q LU n LW ❑ ❑ ❑ (j 0' N Z w Z O V .w, o U M rl- O ti 06 C N CD o O U U) t Lo O 2 CD Al.to N N 00 CNN J T T col) M LO co *' O 0 ❑ r N L O co iT 0 Z O o~ o Q ,;U () U) j)� Lu A M N u �a m 0 fA G? cc 0 H Q 0 co Ln N N CO Ch r 0 O Local Public Agency County Section Number Citv of Yorkville lKendall Consultant 1 Subconsultant Name Job Number Huff & Huff, Inc., a subsidiary of GZA, Inc. PAYROLL RATES EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET FIXED RAISE MAXIMUM PAYROLL RATEI 90.00 ESCALATION FACTORI 2.34% CLASSIFICATION I DOT PAYROLL RATES ON FILE CALCULATED RATE Principal $90.00 $90.00 Associate Principal II $78.91 $80.76 Associate Principal 1 72.411 $74.10 Senior Consultant 1 $64.971 $66.49 Senior Project Manager 111 $75.84 $77.61 Senior Project Manager 11 $63.84 $65.33 Senior Project Manager 1 $59.95 $61.35 Senior Landscape Architect $63.40 $64.88 Senior Planning PM $61.44 $62.88 Senior Technical Specialist II 63.691 $65.18 Senior Technical Specialist 1 $56.071 $57.38 CADD Designer $45.27 $46.33 Scientist PM 11 $54.41 $55.68 Scientist PM 1 $47.56 $48.67 Assistant PM Scientist $39.33 $40.25 Environmental Engineer PM II $52.00 $53.22 Environmental Engineer PM 1 $48.90 $50.04 Geotechnical Engineer PM 1 $52.74 $53.97 Assistant PM Engineer 1 $41.12 $42.08 Engineer 1 $36.84 $37.70 Scientist SI $35.69 $36.52 Scientist SII $31.95 $32.70 Technical Graphics Technician $29.42 $30.11 Architectural Historian $42.20 $43.19 Administrative Executive $54.99 $56.28 Administrative Manager $46.97 $48.07 Senior Administrative Assistant $37.901 $38.79 BLR 05514 (Rev. 02/06/25) Printed 9/3/2025 8:10 AM RATES Page 2 of 13 Local Public Agency County Section Number City of Yorkville lKendall Consultant 1 Subconsultant Name Job Number Huff & Huff, Inc., a subsidiary of GZA, Inc. SUBCONSULTANTS EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET NAME Total Contribution to Prime Direct Labor Total I Consultant 0.00 0.00 NOTE: Only subconsultants who fill out a cost estimate that splits out direct labor may be listed on this sheet. BLR 05514 (Rev, 02106125) Printed 913/2025 8:10 AM SUBS Page 3 of 13 Local Public Nency County Section Number City of Yorkville lKendall Consultant I Subconsultant Name Job Number Huff & Huff, Inc., a subsidiary of GZA, Inc. DIRECT COSTS WORKSHEET List ALL direct casts required for this project. Those not listed on the form will not be eligible for reimbursement by the LPA an this project. EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET ITEM ALLOWABLE QUANTITY CONTRACT RATE TOTAL Lodging per GOVERNOR'S TRAVEL CONTROL BOARD Actual Cost Up to state rate maximum KOO Lodging Taxes and Fees (per GOVERNOR'S TRAVEL CONTROL BOARD Actual Cost $0.00 Air Fare Coach rate, actual cost, requires minimum two weeks' notice, with prior IDOT approval $0.00 Vehicle Mileage per GOVERNOR'S TRAVEL CONTROL BOARD Up to state rate maximum 180 $0.70 $126,00 Vehicle Owned or Leased $32.501half day (4 hours or less) or $65/full day $0.00 Vehicle Rental Actual Cast (Up to $551day) $0.00 Tolls Actual Cost 4 $3.00 $12.00 Parking Actual Cost $0,00 Overtime Premium portion (Submit supporting documentation) $0.00 Shift Differential Actual Cost (Based on firm's policy) $0.00 Overnight Del iverylPostagelCourier Service Actual Cost (Submit supporting documentation) $0.00 Copies of DeliverableslMylars (In-house) Actual Cost (Submit supporting documentation) $0.00 Copies of DeliverableslMylars (Outside) Actual Cost (Submit supporting documentation) $0.00 Project Specific Insurance Actual Cost $0.00 Monuments (Permanent) Actual Cost $0.00 Photo Processing Actual Cost $0.00 2-Way Radio (Survey or Phase III Only) Actual Cost $0.00 Telephone Usage (Traffic System Monitoring Only) Actual Cost $0.00 CADD Actual Cost (Max $151hour) $0.00 Web Site Actual Cost (Submit supporting documentation) $0.00 Advertisements Actual Cost (Submit supporting documentation) $0.00 Public Meeting Facility Rental Actual Cost (Submit supporting documentation) $0.00 Public Meeting Exhibits/Renderings & Equipment Actual Cost (Submit supporting documentation) $0.00 Recording Fees Actual Cost $0.00 Transcriptions (specific to project) Actual Cast $0.00 Courthouse Fees Actual Cost $0.00 Storm Sewer Cleaning and Televising Actual Cost (Requires 2-3 quotes with IDOT approval) $0.00 Traffic Control and Protection Actual Cost (Requires 2-3 quotes with IDOT approval) $0.00 Aerial Photography and Mapping Actual Cast (Requires 2-3 quotes with IDOT approval) $0.00 Utility Exploratory Trenching Actual Cost (Requires 2-3 quotes with IDOT approval) WOO Testing of Sail Samples Actual Cost $0.00 Lab Services Actual Cost (Provide breakdown of each cost) $0.00 Equipment and/or Specialized Equipment Rental Actual Cost (Requires 2-3 quotes with IDOT approval) $0.00 Field Kit Daily Rate 2 $35.00 $70.00 ERIS F4 Database Actual Cost 1 $350.00 $350.00 $0.00 $0.00 TOTAL DIRECT COSTS: $668.00 BLR 05514 (Rev. 02106125) Printed 9/3/2025 8:10 AM DIRECT COSTS Page 4 of 13 O v w w Y O U w U Ww WU N w Yw fn OF- Q W Q � Z �O UN LL W LL O H w V� U) w F- cn O m X w M 00 w 0 w w O o 0 0 0 0 0 0000OCi0) Or O CD CO Cl) Lc) O LLQf- NV r O O Cr) M N Cn O C VO C) r CD LI7 O 00 Oi F IG 0 F 0 0 0 0 m W N Rr LU U W = 7 F a0 W a) W M LO r O L 0 w x LL 06 LL N O 11 GD O p W r N [� W LU xm uJ W o� LL CD o �Co --00 QI CD N V N J ch O K 4 IL O ti In u) CD w M 0 LL U) CD CDQ to � d OD l[) to F ER ,c fn N N 0 O f0 c W y0 D O � A 0 ra m m 0 06 y C U)O 0 N a o avi F CD:= J c 'c O U7 :up = C R 7 a �a 0C) 0 =( � Q� � (LICE a ) Ln LO �C) 6L J m co LO N O N ce) m0 -0 LO C t7) �a 7 D U a) E m U Z +� Q N O N � v O a C v 'i-n Q Cl)En c IL � z O 06 J U U = LL.I LU Y Q rn U u1 U w U) H W U_ H � V LLI LLI � N OF— Z a� � J J � 00 W LL �7 O 4 W w¢ a� U) LU O U m x LLB r U- 0 W W 2 W n of o � a � a O � o 0 0 2 ID mi a m 11 M 0 m a O cq O C � ri ri ri N �t7 N m 7 Ln IE'1 1!i 47 r M r (D 2 C p O n LP M N O a N � W 64 N o a o 0 .a ae R ti U) in in m N h uQ CD o a a -6 N N N m a c o LQ m x a Np cq c�+1 m v o, Q v o cn W9. e o 0 0 0 di n m N v Q n o ai 2 v cm °> CD Q a m m coU] Oi N En 2 P 0 b0 C {6 co LP cCO mfi N C 2 a N O r O o m LO m m m 3 w m p o N H o rn m x tm a� c0 co v LO cn N o o m a Q N M O a O O m y 9 LU a N LO - U') cn O 1� O F.. m all f7 cD V � �E O m fD N ya+ N N 7 a ' a o u) o o o o o o 0 0 0 0 0 0 a a a o a o 0 0 Q O o o m N 0 PI r o 0 Ci 0 0 0 0 0 C7 Ci <*i 0 0 0 o Ci N O1 O O O CV co H 2 O J u. W o (fl O G] m �!'i CO CO eo 00 m m C] c0 h LL7 N fO N N Q f� O q eD O O h N O p ti Q7 00 �- N h O 61 h a o m m w ti x� t to o 4 In LO 0� m° m m a° a m x C N C m U y d m m m m• y F Li a a c c� 2 2 a EL m M m U W W c C L y W `C O Q U U U U V C w W 7 7 F C .. aU 'O m C L L .� C d m C m a— Uy � L6 E%-0 E N m m U o O d c J 0�� ~ ~ y Q� Q N fO C -C C L C f1] N N j U U N N d V a 10 U -,m, O O O O O U O 4 c C c a a: vi C C C C 'c C N y C C C C C C C C < .� N S 7 O 01 '0(D .� 25 D U E CL d d En (n UI U) fn (n 0 0 U Pn co d W W C7 w d W fn fn H Q d d U] FT N (D cD � O a, N O P LO LO O J m cc Ln N 0 Ch C7 — rn o ATTACHMENT H rubmna ENGINEERING INC. September 4, 2025 To: Christopher J. Ott, PE. CPII Re: Proposal - Geotechnical Exploration Engineering Enterprises, Inc. Proposed Hydraulic Avenue 52 Wheeler Road Improvements in Yorkville, Illinois Sugar Grove, Illinois 60554 P: 630.466.6757 Proposal No. Q25.474g Via email. cott@eeiweb.com Dear Mr. Ott, 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 Christopher J. Ott, PE. CPII of Engineering Enterprises, Inc. (EEI) via email on August 29th, 2025. PROJECT UNDERSTANDING Rubino understands that EEI is planning to aid the City of Yorkville in the improvements to Hydraulic Avenue in Yorkville, Illinois. Information received: • RFP email from Christopher J. Ott, PE. CPII of Engineering Enterprises, Inc. on August 29th, 2025. • Project Location Drawing —"06leO423-e46f-409c-86d7-2f5Oecd75421" (Shown Below) I w.rm mva YORK41ALi -- -. Rd..,lC.,1011 xf'outax.,�we Rubino Engineering, Inc. • 425 Shepard Drive . Elgin, 1L 60123 • 847-931-1555 • 847-931-1560 (Fax) Proposed Hydraulic Avenue Improvements in Yorkville, Illinois September 4, 2025 Rubino Proposal No. Q25.474g Page 2 of 10 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 Site Access Open site Field Equipment Proposed Track -mounted Geoprobe Drill Rig Traffic Control Needs Flaggers Boring Location Plan See below for aerial 1 KMZ Soil Sampling Intervals SPT — 2'/z fl to 10 feet Backfill Needs Cuttings, excess spoils remain on site Patching Cold Patch Groundwater Readings During drilling and upon auger removal Boring Depths To obtain data to evaluate subsurface conditions within the proposed development/construction areas. Rubino proposes the drilling scope of work as detailed below: NUMBER OF DEPTH SPT SOIL BORINGS (FEET LOCATION ON SITE SAMPLING CLASSIFICATION WITH BEG*) INTERVALS METHOD E Hydraulic Avenue 3 10 (B-01, B-02, B-03) 1 10 Heustis Avenue (B-04) 2 1/2 fttto 10 USCS 1 10 Mill Street (B-05) 5 Total 50 Total Lineal Feet Borings 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 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. Rubino Engineering, Inc. Proposed Hydraulic Avenue Improvements in Yorkville, Illinois Rubino Proposal No. Q25.474g Traffic Control September 4, 2025 Page 3 of 10 Rubino anticipates that traffic control will be necessary along Hydraulic Avenue. Rubino will subcontract a traffic control company to provide flaggers. 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. 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. 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. Rubino Engineering, Inc. Proposed Hydraulic Avenue Improvements in Yorkville, Illinois Rubino Proposal No. Q25.474g Laboratory Test Natural Moisture Content Atterberg Limits Estimated Quantity 20 GEO REPORT September 4, 2025 Page 4 of 10 Sample Type Split spoon Split spoon Upon completion of field and laboratory work, Rubino will prepare a geotechnical engineering report using the collected data_ The geo report will include the following: • Summary of client -provided project information and report basis • Overview of encountered subsurface conditions • Overview of field and laboratory tests performed including results • Geotechnical recommendations pertaining to: • Subgrade preparation • Subgrade Stability • Estimated IBV value at each boring location • Construction considerations, including temporary excavation and construction control of water 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 Utility clearance and rig mobilization Field work including site layout and drilling Geo Laboratory Testing CCDD Lab Testing CCDD and Geo Reporting Number of Working Days 5-10 2 5-10 8-12 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 Rubino Engineering, Inc. Proposed Hydraulic Avenue Improvements in Yorkville, Illinots September 4, 1025 Rubino Proposal No. Q15.474g Page 5 of 10 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 1 Utility 1 PM $ 850.00 Lump sum Subsurface Exploration Drill Rig Mobilization and Drilling $ 3,800.00 Lump sum Traffic Control - Flaggers $ 2,100.00 Per day Lab Geotechnical Lab Tests as described above $ 275.00 Lump sum Reporting Preparation of the Geotechnical Report $ 1,850.00 Lump sum $8,875.00 Grand Total Please see the attached fee schedule for additional unit rates for services requested after issuing the geotechnical report (drawing 1 spec review, scope or site layout change, etc.). 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. Proposed Hydraulic Avenue Improvements in Yorkville, Illinois Rubino Proposal No. Q25.474g RUBINo ENGINEERING, INC. *Z� - - - Michelle A. Lipinski, PE President michelle.lipinski(�rubinoeng com Prepared By: Jonathan Ignarski, Jonathan rubinoen .com MAUfile Attachments: Proposal Acceptance and Data Sheet Schedule of Services and Fees General Conditions September 4, 2025 Page 6 of 10 i Anthony T. Tomaras, PG Project Manager anthony[@rubinoeng.com "This is an electronic copy. Hard Copies of this proposal are available upon request. Rubino Engineering, Inc. Proposed Hydraulic Avenue Improvements in Yorkville, Illinois Rubino Proposal No. Q25.474g PROPOSAL ACCEPTANCE: AGREED TO, THIS BY (please print): TITLE: COMPANY: SIGNATURE: PROJECT INFORMATION: DAY OF 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: Email: ( ) Copies To: Attn: Email: 7. Invoicing Address: Attn; Email: ( ) Copies To: Attn: Email: September 4, 2025 Page 7 of 10 Attn: Email: 8. Other Pertinent Information Or Previous Subsurface Information Available: , 2a2_. Rubino Engineering, Inc. Proposed Hydraulic Avenue Improvements in Yorkville, Illinois Rubino Proposal No. Q25.474g September 4, 2025 Page 8 of 10 Rubino Engineering, Inc. 2025 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 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 managementlengineering 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 Hydraulic Avenue Improvements in Yorkville, Illinois September 4, 2025 Rubino Proposal No. Q25.474g Page 9 of 10 Cbene►: 1171577 IZUBINEFSG FI A ORD,, CERTIFICATE OF LIABILITY INSURANCE I a76rt,N[LCOn'r5ry 9![18]`b024 THIS CERTIFICATE IS ISSUED AS A MATTER OF ITT ORMATION ONLY AND CONFERS NO RNiHTS UPON THE CERTIFIICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATAIELV AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A C30diTRACT BETWEEN THE ISSUNG MISURERN, AUTHORIZED REPRE.SENTATWE OR PRODUCER, AND THE CERTIFICATE HOLDER. MAPORTANT: II Ow cuMicabe hokkir is an AEDTTIONAL INSURED, the palicylies] rmst have ADDITIONAL INSURED praVlslorts or be endarsed_ M SUBRUGATFON IS WAIVED, subject Ia the ©e[rris and randiwns a1 the policy, certan policies may require an endorstmend. A stMairm nt on thm certdicate dads nut corder any rights ID die cerlWicate hddw in Iicu of such endarsernerMtsl. PRODUCER mmrxrr N4rE Laurie Clerlinger USI Iris Styes LLC Euclid,PrOf POIL&-M 025.6219 610 53-1-039 2021 wing Road, Suite 1 no [-IwL AEcertifemm i_eoln Oak Brook, IL ON23 tLars[ ArramlNGcw[RAGC NAN: r 312 442.7200 I NS R ICR A; RLI k[9CI11td C 1305B N6uRED Rubino Erigirec[[rtg, Inc. 42S Shepard Dr Elgin, IL W123 RiCR d: PECOC klaured C , Llmlldd INSL&n 10040 INSLR0 : IMA"R D INSLnCR [ . COVERAGES CERTTIF=TE NiIrBER: REVISION NUMBER THS IS TO CERTIFY THAT TtiE POLICIES OF INSUDANC£ LISTED BELOW HAVE. BEE# ISSUED TO THE INSURED NA[d£D AEOVE FOR THE POLICY PERl00 INDICATED. N€STYNTHSTANDNC ANY RE#UiREYENT TERM DR CONOrT10%OF ANY COUTRACTOR OTHER DOCUWENT WITH RESPECT TO WHICH THS CERTIFICATE MAV BE ISSUED OR MAY PERTAIN_ THE NSURANCE AFFORDED BY Tt1E POUCIES DESCRIBED HEWN IS SUBJECT TO ALL THE TERMS E74CLIJSIONS AND CIDNDIrOOKS Of 4LWH rDLICIES, UI.ITS S► 2CAW MAY HAVE BEEN REDUCED BY PAID CLAiws. MOROlY[ IN OINSURANCE um PDULX NIAAER a:i'Vl"n'1 ter'+ A g C[MAU46Lr0tEJTALLAkOLOT a_I.[. .DL E� CtiCI.R OWD 11202411+9i011202 i:ottctuRR[xCt s1l)Ib0ON RCNTCSi I1 towow NYDCP I s1O0DO PERSE"L A AM NAIRY s 1 dw ow -- N L AGOW GATL UL41 OPPAXS PER PRl} P C{JCY ,< JCR1:1 Lae DINER flkL PAL AWA1.GATE s 2,MD.000 PRDDUGr%-ccwuPAGG 5 UMON 5 h ,uTcmmLruAzurvr ANY /.urG IT05 lwute I I[REE ram CA%zD AUMSOY-i AUMSMLY P'SAOt HaI DW01JM4 0df1111202 cwuNta;wcuuL[T .1,M0,000 owe-, SJU;[Y,4,w P—* s sr.[b ,� DOCLY KJLIRY'IPorAU s PRDPIRTY DArd[AI A x uA@RELLAL AD CIOCE55CIAB 1C occLR ELA[dLMADE PSE0002142 DA10112624 091Gif202 CAOlrxsuRRExct 55,p00 DN ACCSdGAFC SS,@OO,D}00 ELD RC FtWUN6 5 A W�Rsc[dR+tRSAEtDRI AND1r1"VIRT LNdN.RY ANI V%CPRCC[1rAFn[ERCXKCLT1V1 Yr� ori-crnWriuma Cif L,-JDCD7 II d�Yh� udv AID A 0M12d124 OMM0211 g IlUARTIATII IF-Ru tl D[A04ACODCM s1-DDDOD CLDIZAsi-rA[wP+rT-TE 51,000,000 CL C85EASi-PCLZY LaAT 151.000.000 B praesiional Liability SSOF4058719924 OW112024 rl?Ml SU13d,=ewh Claim I $4OWA=annLlal AW, DESCRPI10NOr 0P[RATIC115T LOCAT=N4 a VneL[s Dhr;; D 101, Addbcng iNmfrt+ Lcbmd^ —WIM rimfod N non IP [ m Professional Liability is written on a, 'Gl4irtl9, Inade' policy F ww- Stlrrite ur all officers are etucltded From Weirkm Cbrnlrensaltion crwerage. Rubino Eng4wering, 1TIc. 425 ShEpaTd Dr - Elgitn.lL 60123 ACURD Z5 12DIGM3) 1 all /94tt 2$241f 114411111(1111 292% SHOULD AM 4F THE ABOVE BE-SCi!NED PaJC&S BE CANCELLED BEFORE TILE EXPWATa7N DATE TiifREOf. 410TOCE WILL BE CEU%tA ri III MCMDANCE WATH THE f-OOCV P%OVESCIN9. A1TI. =uKti RIML5131TAMIZ T-he ACORD name and kiip are registered marks ed ACORD DBDZP Al nahts remerved Rubino Engineering, Inc. Proposed Hydraulic Avenue Improvements in Yorkville, Illinois September 4, 2025 Rubino Proposal No. Q25.474g Page 10 of 10 GENERAL CONDITIONS I. 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, Ines 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, lrrc. 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 an 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, specfications and contract documents and Rubino Engineering, Inc.'s recommendations. No claims for loss, damage or injury shall by brought against Rubino Engineering, Inc. by Client or any third party unless all tests and inspections have been so performed and unless Rubino Engineering, Inc.'s recommendations have been followed. Client agrees to indemnify, defend and hold Rubino Engineering, Inc., its officers, employees and agents harmless from any and all claims, suits, losses, costs and expenses, including, but not limited to, court costs and reasonable attorney's fees in the event that all such tests and inspections are not so performed or Rubino Engineering, Inc.'s recommendations are not so followed except to the extent that such failure is the result of the negligence, willful or wanton act of omission of Rubino Engineering, Inc., its officers, agents or employees, subject to the limitation contained in paragraph 9. 3. SCHEDULING OF SERVICES: The services set forth in Rubino Engineering, Ins.'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 slop 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 eniitied 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 attcmey's fees as a result of personal injury, death or property damage occurring with respect to Rubino Engineering, Inc.'s performance of its work and resulting to or caused by contact with subsurface of latent objects, structures, lines or conduits where the actual or potential presence and location thereof were not revealed to Rubino Engineering, Inc. by Client andlor 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 ar procedures cf 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 nat in any way excuse any contractor, subcontractor or supplier from performance of its work in accordance with the contract documents. Rubino Engineering, Inc. has no right or duty to stop the contractors work. 7. SAMPLE DISPOSAL: Unless otherwise agreed in writing, test specimens or samples will be disposed immediately upon completion of the test. Ali drilling samples or specimens will be disposed sixty (60) days after submission of Rubino Engineering, Inc.'s report. S. 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 an 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 (orthe maximum interest rate permitted under applicable law), until paid. Client agrees to pay Rubino Engineering, Inc.'s cost of collection of all amounts due and unpaid after sixty (60) days, including court costs and reasonable attorney's fees. Rubino Engineering, Inc. shall not be bound by any provision or agreement requiring or providing for arbitration or disputes or controversies arising out of this agreement, any provision wherein Rubino Engineering, Inc. waives any rights to a mechanics' lien, or any provision conditioning Rubino Engineering, Inc.'s right to receive payment for its services upon payment to Client by any third party. These General Conditions are notice, where required, that Rubino Engineering, Inc. shall file a lien whenever necessary to collect past due amounts. Release of such lien shall be given only when payment in full has been received for services duly rendered. Failure to make payment within thirty (30) days of invoice shall constitute a release of Rubino Engineering, Inc. from any and all claims which Client may have, whether in tort, contract or otherwise and whether known or unknown at the time. It. 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 ANYWAY 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, Ill 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' Peas 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 home 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 an(lor 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 negatiations 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. WETNESS 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 offer 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. 1 S. 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.