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HomeMy WebLinkAboutResolution 2026-050Resolution No. 2026-50 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 is desirous of improving the roadway pavement along Game Fann Road and Somonauk Street (the "Project"); and WHEREAS, the City has received a 2024 Local Project Funding grant from the Illinois Department of Transportation, the amount of which should completely cover the cost of the Project; and WHEREAS, Engineering Enterprises, Inc., of Sugar Grove, Illinois ("EEI"), is prepared to provide the necessary design engineering required to proceed with the Project pursuant to the Local Public Agency Engineering Services Agreement between EEI and the City (the "Agreement"), attached hereto as Exhibit A; and WHEREAS, EEI, a qualified and experienced engineering firm, has provided engineering services for various projects completed by the City, and therefore the City recommends approval of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council (the "Corporate Authorities") of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The foregoing recitals are hereby incorporated in this Resolution as the findings of the Corporate Authorities. Section 2. The Mayor and City Clerk are hereby approve a Local Public Agency Resolution No. 2026-50 Page t Engineering Services Agreement between the United City of Yorkville and Engineering Enterprises, Inc, attached hereto as Exhibit A, and authorize the Mayor and City Clerk to execute. Section 3. This Resolution shall be in full force and effect from and after its passage and approval according to law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 26th day of May, A.D. 2026. KEN KOCH AYE ARDEN JOE PLOCHER AYE CHRIS FUNKHOUSER AYE RUSTY CORNEILS AYE ITY CLERK DAN TRANSIER AYE CRAIG SOLING AYE MATT MAREK AYE RUSTY HYETT AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this �7day of �� 1 , A.D. 2026. MAYOR Attest: w CITY CLERK Resolution No. 2026-50 Page 2 Illinois Departmel of Transportafion Using Federal Funds? ❑ Yes ❑x No Using State Funds (Non-MFTITBP)? ❑x Yes ❑ No Local Public Agency Engineering Services Agreement Agreement For A reement Type State Funded PE Original LOCAL PUBLIC AGENCY Local Public Agency County Section Number Job Number United City of Yorkville Kendall 25-00055-00-RS D-93-073-26 Pro ect Number Contact Name Phone Number Email Eric Dhuse (630) 553-4370 edhuse@yorkville.il.us SECTION PROVISIONS Local Street/Road Name Key Route Len th Structure Number Game Farm Road/W. Somonauk Street FAU 1550 0.95 NIA Location Termini Add Location US Route 34 to IL Route 47 Remove Location This work consists of hot -mix asphalt surface course removal, pavement patching, hot -mix asphalt binder, hot - mix asphalt surface course, portland cement concrete sidewalk removal and replacement, combination concrete curb and gutter removal and replacement, structure adjustments, pavement markings, roadway signage, restoration and all other appurtenant work required. Engineering Funding ❑ MFT/TBP ❑x State ❑ Other Anticipated Construction Funding ❑ Federal ❑ MFTITBP ❑x State ❑ Other AGREEMENTFOR ❑x Phase I - Preliminary Engineering x❑ Phase II - Design Engineering CONSULTANT Prime Consultant Firm Name Contact Name Phone Number Email Engineering Enterprises, Inc. Chris Ott (630) 466-6757 cott@eeiweb.com Address city State Zt Code 52 Wheeler Road Sugar Grove IL 60554 THIS AGREEMENT IS MADE between the above Local Public Agency (LPA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the improvement of the above SECTION. Project funding allotted to the LPA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the "DEPARTMENT," will be used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. Since the services contemplated under the AGREEMENT are professional in nature, it is understood that the ENGINEER, acting as an individual, partnership, firm or legal entity, qualifies for professional status and will be governed by professional ethics in its relationship to the LPA and the DEPARTMENT. The LPA acknowledges the professional and ethical status of the ENGINEER by entering into an AGREEMENT on the basis of its qualifications and experience and determining its compensation by mutually satisfactory negotiations. WHEREVER IN THIS AGREEMENT or attached exhibits the following terms are used, they shall be interpreted to mean: Regional Engineer Deputy Director, Office of Highways Project Implementation, Regional Engineer, Department of Transportation Page 1 of 9 BLR 05530 (Rev. 04123/25) AGREEMENT EXHIBITS The following EXHIBITS are attached hereto and made a part of hereof this AGREEMENT: ❑x EXHIBIT 1: Scope of Services ❑x EXHIBIT 2: Project Schedule Fx_1 EXHIBIT 3: Qualification Based Selection (QBS) Checklist ❑x EXHIBIT 4: Cost Estimate of Consultant Services (BLR 05513 or BLR 05514 ) ❑ EXHIBIT : Direct Costs Summary Sheet 7 EXHIBIT 5: LOCATION MAP 0 EXHIBIT 6: RUBINO PROPOSAL THE ENGINEER AGREES, 1. To perform or be responsible for the performance of the Scope of Services presented in EXHIBIT 1 for the LPA in connection with the proposed improvements herein before described. 2. The Classifications of the employees used in the work shall be consistent with the employee classifications and estimated staff hours. If higher -salaried personnel of the firm, including the Principal Engineer, perform services that are to be performed by lesser -salaried personnel, the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 3. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections required as a result of the ENGINEER'S error, omissions or negligent acts without additional compensation. Acceptance of work by the LPA or DEPARTMENT will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or the responsibility for clarifying ambiguities. 4. That the ENGINEER will comply with applicable Federal laws and regulations, State of Illinois Statutes, and the local laws or ordinances of the LPA. 5. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LPA. 6. To invoice the LPA, The ENGINEER shall submit all invoices to the LPA within three months of the completion of the work called for in the AGREEMENT or any subsequent Amendment or Supplement. 7. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of US Department of Transportation (US DOT) assisted contract. Failure by the Engineer to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the LPA deems appropriate. 8. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other parry or parties without written consent of the LPA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. 9. For Preliminary Engineering Contracts: (a) To attend meetings and visit the site of the proposed improvement when requested to do so by representatives of the LPA or the DEPARTMENT, as defined in Exhibit 1 (Scope of Services). (b) That all plans and other documents furnished by the ENGINEER pursuant to the AGREEMENT will be endorsed by the ENGINEER and affixed the ENGINEER's professional seal when such seal is required by law. Such endorsements must be made by a person, duly licensed or registered in the appropriate category by the Department of Professional Regulation of the State of Illinois. It will be the ENGINEER's responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the DEPARTMENT. (c) That the ENGINEER is qualified technically and is thoroughly conversant with the design standards and policies applicable for the PROJECT; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services enumerated in Exhibit 1 (Scope of Services). 10, That the engineering services shall include all equipment, instruments, supplies, transportation and personnel required to perform the duties of the ENGINEER in connection with this AGREEMENT (See DIRECT COST tab in BLR 05513 or BLR 05514). II. THE LPA AGREES, 1. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the Professional Services Selection Act (50 ILCS 510) (Exhibit 3). 2. To furnish the ENGINEER all presently available survey data, plans, specifications, and project information. 3. To pay the ENGINEER: (a) For progressive payments - Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. (b) Final payment - Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have been made and accepted by the LPA and DEPARTMENT a sum of money equal to the basic fee as Page 2 of 9 BLR 05530 (Rev. 04/23/26) ermined in this AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. (c) For Non -Federal County Projects - (605 ILCS 515-409) (1) For progressive payments - Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments for the work performed shall be due and payable to the ENGINEER. Such payments to be equal to the value of the partially completed work in all previous partial payments made to the ENGINEER. (2) Final payment - Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have been made and accepted by the LPA and STATE, a sum of money equal to the basic fee as determined in the AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. To pay the ENGINEER as compensation for all services rendered in accordance with the AGREEMENT on the basis of the following compensation method as discussed in 5-5,10 of the BLR Manual. Method of Compensation: ❑ Percent ❑ Lump Sum ❑ Specific bate x❑ Cost plus Fixed Fee: Fixed Total Compensation = DL + DC + OH + FF Where: DL is the total Direct Labor, DC is the total Direct Cost, OH is the firm's overhead rate applied to their DL and FF is the Fixed Fee. Where FF = ( 0.33 + R) DL + %SUbDL, where R is the advertised Complexity Factor and %SubDL is 10% profit allowed on the direct labor of the subconsultants. The Fixed Fee cannot exceed 15% of the DL + OH. 5. The recipient shall not discriminate on the basis of race, color, national original or sex in the award and performance of any US DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of US DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by US DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this AGREEMENT. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.0 3801 et seq.). III. IT IS MUTUALLY AGREED, 1. To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amount, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General, and the DEPARTMENT; the Federal Highways Administration (FHWA) or any authorized representative of the federal government, and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the DEPARTMENT for the recovery of any funds paid by the DEPARTMENT under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement, 2. That the ENGINEER shall be responsible for any all damages to property or persons out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LPA, the DEPARTMENT, and their officers, agents and employees from all suits, claims, actions or damages liabilities, costs or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. The LPA will notify the ENGINEER of any error or omission believed by the LPA to be caused by the negligence of the ENGINEER as soon as practicable after the discovery. The LPA reserves the right to take immediate action to remedy any error or omission if notification is not successful; if the ENGINEER fails to reply to a notification; or if the conditions created by the error or omission are in need of urgent correction to avoid accumulation of additional construction costs or damages to property and reasonable notice is not practicable. 3, This AGREEMENT may be terminated by the LPA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LPA all drawings, plats, surveys, reports, permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such materials becomes the property of the Page 3 of 9 BLR 05530 (Rev. 04123126) A. The LPA will be responsible for reimbursement of all eligible expenses incurred under the terms of this AGREEMENT up to the date of the written notice of termination. 4. In the event that the DEPARTMENT stops payment to the LPA, the LPA may suspend work on the project. If this agreement is suspended by the LPA for more than thirty (30) calendar days, consecutive or in aggregate, over the term of this AGREEMENT, the ENGINEER shall be compensated for all services performed and reimbursable expenses incurred prior to receipt of notice of suspension. In addition, upon the resumption of services the LPA shall compensate the ENGINEER, for expenses incurred as a result of the suspension and resumption of its services, and the ENGINEER's schedule and fees for the remainder of the project shall be equitably adjusted. 5. This AGREEMENT shall continue as an open contract and the obligations created herein shall remain in full force and effect until the completion of construction of any phase of professional services performed by others based upon the service provided herein. All obligations of the ENGINEER accepted under this AGREEMENT shall cease if construction or subsequent professional services are not commenced within 5 years after final payment by the LPA. 6. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and have harmless the LPA, the DEPARTMENT, and their officers, employees from all suits, claims, actions or damages liabilities, costs or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. 7. The ENGINEER and LPA certify that their respective firm or agency: (a) has not employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other than a bona fide employee working solely for the LPA or the ENGINEER) to solicit or secure this AGREEMENT, (b) has not agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or (c) has not paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for the LPA or the ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT. (d) that neither the ENGINEER nor the LPA is/are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, (e) has not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property. (f) are not presently indicated for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph and (g) has not within a three-year period preceding this AGREEMENT had one or more public transaction (Federal, State, local) terminated for cause or default. Where the ENGINEER or LPA is unable to certify to any of the above statements in this clarification, an explanation shall be attached to this AGREEMENT. 8. In the event of delays due to unforeseeable causes beyond the control of and without fault or negligence of the ENGINEER no claim for damages shall be made by either parry. Termination of the AGREEMENT or adjustment of the fee for the remaining services may be requested by either party if the overall delay from the unforeseen causes prevents completion of the work within six months after the specified completion date. Examples of unforeseen causes included but are not limited to: acts of God or a public enemy; acts of the LPA, DEPARTMENT, or other approving party not resulting from the ENGINEER's unacceptable services; fire; strikes; and floods. If delays occur due to any cause preventing compliance with the PROJECT SCHEDULE, the ENGINEER shall apply in writing to the LPA for an extension of time. If approved, the PROJECT SCHEDULE shall be revised accordingly. 9. By execution of this AGREEMENT the LPA and ENGINEER certify compliance with the Drug Free Workplace (30 ILCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the DEPARTMENT unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to suspension of contract on grant payments, termination of a contract or grant and debarment of the contracting or grant opportunities with the DEPARTMENT for at least one (1) year but not more than (5) years. For the purpose of this certification, "grantee" or "Contractor' means a corporation, partnership or an entity with twenty-five (25) or more employees at the time of issuing the grant or a department, division or other unit thereof, directly responsible for the specific performance under contract or grant of $5,000 or more from the DEPARTMENT, as defined the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will: (a) abide by the terms of the statement; and (b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than (5) days after such conviction. Page 4 of 9 BLR 05530 (Rev. 04123/26) (b) Establishing a drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's or contractor's policy to maintain a drug free workplace; (3) Any available drug counseling, rehabilitation and employee assistance program; and (4) The penalties that may be imposed upon an employee for drug violations. (c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the contracting, or granting agency within ten (10) days after receiving notice under part (b) of paragraph (3) of subsection (a) above from an employee or otherwise, receiving actual notice of such conviction. (e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program. (f) Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in place. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act, the ENGINEER and LPA agree to meet the PROJECT SCHEDULE outlined in EXHIBIT 2. Time is of the essence on this project and the ENGINEER's ability to meet the PROJECT SCHEDULE will be a factor in the LPA selecting the ENGINEER for future projects. The ENGINEER will submit progress reports with each invoice showing work that was completed during the last reporting period and work they expect to accomplish during the following period. 10. Due to the physical location of the project, certain work classifications may be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.). 11. For Preliminary Engineering Contracts: (a) That tracing, plans, specifications, estimates, maps and other documents prepared by the ENGINEER in accordance with this AGREEMENT shall be delivered to and become the property of the LPA and that basic survey notes, sketches, charts, CADD files, related electronic files, and other data prepared or obtained in accordance with this AGREEMENT shall be made available, upon request to the LPA or to the DEPARTMENT, without restriction or limitation as to their use. Any re -use of these documents without the ENGINEER involvement shall be at the LPA's sole risk and will not impose liability upon the ENGINEER. (b) That all reports, plans, estimates and special provisions furnished by the ENGINEER shall conform to the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Manual or any other applicable requirements of the DEPARTMENT, it being understood that all such furnished documents shall be approved by the LPA and the DEPARTMENT before final acceptance. During the performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. AGREEMENT SUMMARY Prime Consultant (Firm) Name I TINIFEINISS Number Agreement Amount Engineering Enterprises, Inc. 36-3150869 1 $70,673.00 Subconsultants TINIFEINISS Number Agreement Amount Rubino Engineering, Inc. 80-0450719 $5,448.00 Subconsultant Total $5,448.00 Prime Consultant Total $70,673.00 Total for all work $76,121.00 Page 5 of 9 SLR 05530 (Rev. 04123/26) AGREEMENT SIGNATURES Executed by the LPA: Local Public Agency Type Local Public Agency Attest: The City of United City of Yorkville B Si nature & Date 5 a� a00 a! Public Agency Local Public Agency Type United City of Yorkville City Clerk (SEAL) �� '•. jue ® E AL Executed by the E1VQI�t�:C®' Prime Consultant (Firm) Name Attest: )Engineering Enterprises, Inc. B Si nature & Date Title Chief Operating Officer/President By i nature & Date Title Project Manager For information about IDOTs collection and use of confidential information review the department's Identity Protection Policy_ Page 6 of 9 BLR 05530 (Rev. 04123/26) Local Public Agency Prime Consultant Firm Name County Section Number United City of Yorkville Engineering Enterprises, Inc. Kendall 25-00055-00-RS EXHIBIT 'I SCOPE OF SERVICES To perform or be responsible for the performance of the engineering services for the LPA, in connection with the PROJECT herein before described and enumerated below -Project Management and Coordination o Project Management o Project Scheduling o Coordination with Sub -Consultants o QCIQA of Finals Plans, Specifications & Estimates -Project Meetings o Kick -Off Meeting with City Staff o Progress Meeting with City Staff -IDOT Coordination o IDOT Kick -Off Meeting o On -Going IDOT Coordination throughout the project -Pavement Analysis o Obtain Pavement Cores Every 750' o Review Pavement Core Report & Determine Rehabilitation Method -Prepare Existing Condition Plan Sheets o Prepare Base Sheets Utilizing GIS -Site Review & Identification of Required Improvements o Conduct site visit(s) to assess condition of existing pavement, curb and gutter, sidewalk, driveways and shared use path o Obtain, review and inventory existing utility, roadway, right -of way, ownership, soil data, etc. o Coordinate documentation for CCDD management of soils, as necessary -Prepare & Submit Pre -Final Plans, Specifications & Estimates o Prepare Pre -Final Plan Set, IDOT Format o General Notes, Legend, List of Highway Standards o Summary of Quantities o Typical Sections o Plan Sheets o Project Details o Special Provisions o Estimate of Time o Estimate of Cost Revisions & Disposition of Comments o Prepare disposition of comments based on comments received by [DOT o Make revisions to plans and specifications based on comments received by IDOT Submit Final Plans, Specifications & Estimates IDOT Letting Processing Page 7 of 9 BLR 05530 (Rev. 04/23/26) Local Public Agency Prime Consultant Firm Name County Section Number United City of Yorkville Engineering Enterprises, Inc. Kendall 25-00055-00-RS EXHIBIT 2 PROJECT SCHEDULE 1. Kick -Off Meeting: July 2026 2. Pavement Cores: August 2026 3. Prepare Existing Condition Plan Sheets: August 2026 4. Site Review & Identification of Required Improvements: September 2026 5. Submit Pre -Final Plans, Specifications & Estimates: April 2027 6. Submit Final Plans, Specifications & Estimates: May 2027 7. Target Letting: July 30, 2027 8. Construction: September 2027 Page 8 of 9 BLR 05530 (Rev. 04123126) Local Public Agency Prime Consultant Firm Name County Section Number United City of Yorkville Engineering Enterprises, Inc. Kendall 25-00055-00-RS Exhibit 3 Qualification Based Selection (QBS) Checklist The LPA must complete Exhibit 3. If the value meets or will exceed the small dollar threshold in 50 ILCS 510, QBS requirements must be followed.Under the threshold, QBS requirements do not apply. The small dollarthreshold is adjusted annually and can be found in IDOT Circular Letters.lf the value is under the threshold with federal funds being used, federal small purchase guidelines must be followed. ❑ Form Not Applicable (engineering services less than the threshold) Items 1-13 are required when using federal funds and QBS process is applicable. Items 14-16 are required when using State funds and the QBS process is applicable. No Yes 1 Do the written QBS policies and procedures discuss the initial administration (procurement, management and administration) concerning engineering and design related consultant services? ❑ ❑ 2 Do the written QBS policies and procedures follow the requirements as outlined in Section 5-5 and specifically Section 5-5.06 (e) of the BLRS Manual? ❑ ❑ 3 Was the scope of services for this project clearly defined? ❑ ❑ 4 Was public notice given for this project? ❑ ❑ 5 Do the written QBS policies and procedures cover conflicts of interest? ❑ ❑ 6 Do the written QBS policies and procedures use covered methods of verification for suspension and debarment? ❑ ❑ 7 Do the written QBS policies and procedures discuss the methods of evaluation? ❑ ❑ ect Criteria We 8 IDo the written QBS policies and procedures discuss the method of selection? I ❑ I ❑ l 9 Was an estimated cost of engineering for this project developed in-house prior to contract negotiation? ❑ ❑ 10 Were negotiations for this project performed in accordance with federal requirements. ❑ ❑ 11 Were acceptable costs for this project verified? ❑ ❑ Do the written QBS policies and procedures cover review and approving for payment, before forwarding the request for reimbursement to IDOT for further review and approval? El El12 13 Do the written QBS policies and procedures cover ongoing and finalizing administration of the project (monitoring, evaluation, closing -out a contract, records retention, responsibility, remedies to violations or breaches to a contract, and resolution of disputes)? ❑ ❑ 14 QBS according to State requirements used? 0 ❑ 15 Existing relationship used in lieu of QBS process? ❑ ❑x 16 LPA is a home rule community (Exempt from QBS). ❑x ❑ Page 9 of 9 BLR 05530 (Rev. 04123126) W d' W x LL eo =�0 W E� � Q Z Q 0 LO cq C) N .r O U C) ui N ❑ 4C) y E al Z v .c E z 0 m m E 0 a, n a � d U o E W eE 02 Z = T C E N v S7 CL o N y U C cn A2 m ° y s a w r a w a- O t- z O N N N Q 0 0 0 () r � W W W F 0 O F 1- W ❑ u¢ w H H 07 z O U yr O P U � � O co e CC V U y L c m co 0 G7 N N � Q O � N N r N 0 [4 [V LL a N c 0 d w 0 L H Local Public Agency County Section Number United Citv of Yorkville I Kendall 25-00055-00-RS Consultant / Subconsultant Name Job Number Engineering Enterprises, Inc. D-93-073-26 PAYROLL RATES EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET FIXED RAISE MAXIMUM PAYROLL RATEI 90.00 ESCALATION FACTORI 1.29% JOB SPECIFIC - Classifications and Average Payrates need to match current payrolls submitted to the Department. CLASSIFICATION IDOT AVG PAYROLL RATES ON FILE CALCULATED RATE E-4 Senior Principal $104.59 $90.00 E-3 Principal $93.87 $90.00 E-2 Senior Project Mana er $84.61 $85.70 E-1 Project Manager $66.32 $67.17 P-6 Senior Project Engineer II $55.19 $55.90 P-5 Senior Project Engineer 1 $50.32 $50.97 P-4 Pmject Engineer $41.60 $42.13 T-6 Senior Project Technician II $53.70 $54.39 T-5 Senior Project Technician 1 $49.301 $49.93 T-4 Project Technician $41.18 $41.71 T-3 Senior Technician $38.08 $38.57 T-2 Technician $30.90 $31.30 1-1 Engineering Intern $25.00 $25.32 A-4 Executive Adminstrative Assistant $51.18 $51.84 A-3 Administrative Assistant $37.48 $37.96 M-4 Director of Marketing & Business Development $68.80 $69.68 M-2 Marketing Coordinator $36.55 $37.02 BLR 05514 (Rev. 1124/26) Printed 5/11/2026 RATES Page 1 of 1 Local Public Agency County Section Number United City of Yorkville I Kendall 25-00055-00-RS Consultant 1 Subconsultant Name Job Number Engineering Enterprises, Inc. D-93-073-26 SUBCONSU LTANTS EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET NAME Total Contribution to Prime Direct Labor Total Consultant (Pavroll Only) 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. 1/24/26) Printed 5/1112026 SUBS Page 1 of 1 Local Public Agency County Section Number United City of Yorkville Kendall 25-00055-00-RS Consultant 1 Subconsultant Name Job Number Engineering Enterprises, Inc. D-93-073-26 DIRECT COSTS WORKSHEET List ALL direct costs required for this project Those not listed on the form will not be eligible for reimbursement by the LPA on this project. EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET ITEM ALLOWABLE _ QUANTITY CONTRACT RATE TOTAL Per Diem (per Federal GSA Up to federal maximum $0.00 Lodging (per Federal GSA) Actual Cost (Up to Federal rate maximum) $0.00 Lodging Taxes and Fees or Federal GSA Actual Cost $0.00 Air Fare Coach rate, actual cost, requires minimum two weeks' notice, with pricif IDOT approval $0.00 Vehicle Mileage (per Federal GSA Up to Federal rate maximum $0.00 Vehicle Owned or Leased (no mileage charge allowed) $45.001half day (4 hours or less) or $90lfull day $0.00 Vehicle Rental Actual Cost (Up to $551day) $0,00 Tolls Actual Cost $0.00 Parking Actual Cost $0.00 Overtime Premium portion (Submit supporting documentation) $0.00 Shift Differential Actual Cost (Based on firm's policy) $0.00 Overnight Delivery/Postage/Courier Service Actual Cost (Submit supporting documentation) $0.00 Copies of 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 (Surrey 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) $0A0 Public Meeting Facility Rental Actual Cost (Submit supporting documentation) $0.00 Public Meeting Exhibits/Renderings & Equipment Actual Cost (Submit supporting documentation) $0.00 Recording Fees Actual Cost $0,00 Transcriptions (specific to project) Actual Cost $0.00 Courthouse Fees Actual Cost $0.00 Storm Sewer Cleaning and Televising Actual Cost (Requires 2-3 quotes with IDOT approval) $0.00 Traffic Control and Protection Actual Cost (Requires 2-3 quotes with IDOT approval) $0.00 Aerial Photography and Mapping Actual Cost (Requires 2-3 quotes with IDOT approval) $0.00 Utliity, Exploratory Trenching Actual Cost (Requires 2-3 quotes with IDOT approval) $0.00 Testing of Soil Samples Actual Cost $0.00 Lab Services Actual Cost (Provide breakdown of each cost) $0.00 Equipment and/or Specialized Equipment Rental Actual Cost (Requires 2-3 quotes with IDOT approval) $0.00 $0.00 $0.00 $0.00 TOTAL DIRECT COSTS: $0.00 BLR 05514 (Rev. 1124126) Printed 511 WD26 DIRECT COSTS Page 1 of 1 E O i o � LD CD CD E N � O � M O,i)ZQ N 9 Q T r w w s Y 0 C!3 U w U W w WU N �w IL U) 0� Q W F-I a 60 60 z H O N LL W F- W fA r 0¢ U r w vrf^r—J 0 U f❑f r m x w O 0 U a X W J IL 0 U O a o 0 o a o o a o o c z s 4 c+') 61 r N 4 in Lq T W ID r CO O (n to N n O O O�r co r cc co cV r- �t (O N O 0 e N c(7 n V 7 (D 0 (n N N n Ln m CO 47 o cc M r N r (D cO 61 6 F c7 n 0 oo V V co W w to Lu V = 7 F- �0 w N V n N N co LS'1 r N O d N w cD CO N r r c0 O C N [O N c'�] N Lo N N 4 V LL 0 W X LL to co Drr vnr n cv (O r r N (V m cp I- n as LL (D (D (D lf] ll n GO (V r n uj cV r [�'] 4i N r N r V z w W S in w w c7 > z 0w LL Ln n W 00 M co CO N n N N J a�nr�nvnmm� n co C'7 M Oli cz (n o� L (D m v J C) r N } 0. u3 CD T N (9 C9 co M to Ln W r N Cp r o3 N O r 03 O x x z a N U � m H 3 � U S 3 W � o � C N � jp W C 7 Q O Q] cL E (c w m � O V N C o cn o N @ L d1 Q 0 U O O C O U k G m v .p cL ID C Mo C O d y N Qf J E m 0 m-- (n-w c c @ 9 ._ C � Q m ami O c > W oa N a m m o J c 0 O O d N v y I I I 3 aa�atnaa a(nI I I I(n LO Ln oJ0 CD 0 N Ln 0 a r C cn � d Iw w U) Y O u) U U LN v r w Q H CL' i.} w W V) O~ w V �Z 00 LU u- 0 O Q w LLJI � r- Q Q w H (n O U 1❑1��� r X w u u LL O w w x 0 C m � rn u 4 ? 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Q la N a a a o vi Iti u; o - ri v 6 cri iri r- vi n p C Q W z 7 o 0 N J H N h W J Q N N m J a R 15 W r .c la 0 Q N c c '� o o ]� N C U U c N 'C C J W W W W U NU ¢ Y Q U m (] V W W N O N U U C O a- O Q O C W�7 O O d F' F C '� 10 i O or m d U U U C W C 2 s C 'E 'C 'O C W In C E a)W w a rq W v� a W m N m a N w� W s W w <❑ cL I c N [O Y 7 w C N q M N Li ui w w 0- a d � F FL ¢¢ FBI T=� DATE: APRIL 2026 N 5 Wheeler Road PROJECT NO.: EXHIBIT 5 yO2531 LOCATION MAP Sugar Grove, Illinois 60554 BY: MJT GAME FARM ROAD & (630) 466-6700 PATH: H:1GI5Nll9LIG1YGRKVILLEl2U251 SOMONAUK ROAD RESURFACING www.edweb.com FILE razsv_c:me Razor Resunacmv b� ru ono ENGINEERING INC. May 11, 2026 To: Christopher Ott, PE, CPII Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 P: 630.466.6757 Via email: COtt(Deeiweb.com Dear Mr. Ott, PROPOSAL - PAVEMENT CORES + CCDD EXHIBIT 6 Re: Proposal - Geotechnical Exploration Proposed Game Farm Road & Somonauk Road Resurfacing in Yorkville, Illinois Proposal No. 026.229g_REV2 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 Ott, PE, CPII of Engineering Enterprises, Inc. via email on April 24th, 2026. PROJECT UNDERSTANDING Rubino understands that Engineering Enterprises, Inc. is planning to aid the United City of Yorkville in the resurfacing of Game Farm Road and Somonauk Road in Yorkville, Illinois. Information received: • RFP email from Christopher Ott, PE, CPII of Engineering Enterprises, Inc. on April 27th, 2026. • Core Location Drawing : °20260424160930.pdf' — Included in RFP email (Shown Below) • Email exchange between EEI and Rubino discussing overlap of other EEI project to reduce scope Rubino Engineering, Inc. • 425 Shepard Drive • Elgin, IL 60123 • 847-931-1555 • 847-931-1560 (Fax) Game Farm Roars X Somanewk Road Resiojacing in Yorin-ille. Illinois Mal, It. 2026 Rubino Proposal :Vo: 026?29g . REJ'2 Page ? ol'9 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 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 pavement coring on 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 and Traffic Control Based on current site topography, surface conditions, and project discussions, Rubino anticipates that the proposed core locations will be within existing paved areas and will therefore be accessible to a pickup truck. Rubino will subcontract a traffic control company to provide flaggers. Core Locations Rubino will locate the cores in the field by measuring distances from known, fixed site features. Pavement Coring To obtain data to evaluate subsurface conditions within the proposed pavement reconstruction areas, Rubino proposes to perform the pavement core with a Milwaukee Drill and a two -foot diamond -bit core barrel in the pavement core locations. NUMBER OF CORES NUMBER OF MAX DEPTH LOCATION W/SUBBASE SOIL GRABS Rubino Engineering, Inc. Game Farrar Road & Samonauk Road Resurfacing in ) orkrdlle. Illinois Rubino Proposal No: 026.229g_RE1 2 THICKNESS FOR 662 DETERMINATION (ONLY) TESTING 5 5 2 2 7 Total Cores Completion of Cores Alm, 11, 2026 Page 3 of 9 2 feet below Game Farm Road pavement surface W Somonauk Road *BEG = below existing grade Upon completion of sampling, the cores will be backfilled and capped with Quikrete. Some damage to ground surface may result from the coring operations near the work areas and along ingress/egress pathways. Rubino will attempt to minimize such damage, but no restoration other than backfilling the core holes are included. It should be noted that over time, some settlement may occur in the core hole or the patch may be damaged by traffic or snow plows. If Rubino is requested to return to the site for the purpose of filling any holes that may have settled, additional time and material charges may apply. CCDD TESTING — LPC 662 ONLY Rubino will obtain a "Potential Impacted Property" (PIP) evaluation of the area near the proposed improvements. If the PIP evaluation indicates no further testing is needed for form LPC-662, Rubino will composite soil samples from each borehole for soil analytical testing in general compliance with the IEPA CCDD requirements. • PIP Evaluation (Historical & Regulatory) • Soil Analytical Tests: o pH (7 total tests) • P.E. Certification (LPC #662) • LPC-662 CCDD Certification, as applicable Please note that CCDD certification requirements vary depending on the dump site. The above scope should be reviewed by the proposed dump site to determine compliance with the site's specific requirements. CORE REPORT Upon completion of field and laboratory work, Rubino will prepare a Core Summary Report using the collected data. The report will include the following: • Summary of client -provided project information and report basis • Core Location Plan • Photo documentation of field conditions and core specimens • Subbase stone thickness Rubino Engineering, Inc. Game Farm Road fi Somonank Road Resurfacmg in Yor•krille, Illinois May I !. 2026 Rnbino Proposal No: Q26.229g_REF2 Page 4 of9 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 3 working days after receiving written authorization to proceed and we will follow the schedule below in order to complete the project: Task Number of Working Days Field work including site layout and coring 5 Preparation of the Field Report 5 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 results can be made to appropriate parties upon completion of the field investigation. Rubino will need to receive a signed copy of this proposal intact prior to mobilizing. FEES Rubino proposes to charge the fee for performance of the outlined scope of services on a cost plus fixed fee basis per the attached CECS Please see the attached IDOT form BLR 05514 for cost breakdowns. Scope Limitations Project services do not include a site evaluation to determine the presence or absence of wetlands, hazardous substances, or toxic materials. 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. IS: - AN AASHTO ACCREDITED LABoRATORy [DOT PREQUALIFIED IDOT DRE-CERTIFIED I'I00% WOMAN-OWNEDI Michelle A. Lipinski, PE Rubino Engineering, Inc. Game Farm Road & 5omonauk Road Resurfacing in Yorkville. Illinois Rubino Proposal No: 026.229g REf "2 President MAL/file Attachments: Proposal Acceptance and Data Sheet Schedule of Services and Fees General Conditions —This is an electronic copy. Hard Copies of this proposal are available upon request May 11, 2026 Page 5 of 9 Rubino Engineering, Inc. Game Farm Road & 3onronauk Road Resurfacing in Yorkidlle, Illinois Rubino Proposal.Vo: Q26.229g RE17 PROPOSAL ACCEPTANCE: blaY 11, 10?6 Page 6 o f 9 AGREED TO, THIS DAY OF , 20_. BY (please print): TITLE: COMPANY: SIGNATURE: PROJECT INFORMATION: 1. Project Name: 2. Project Location: 3. Your Job No: Purchase Order No.: 4. Project Manager: Telephone No.: 5. Site Contact: Telephone No.: 6. Number and Distribution of Reports: ( ) Copies To: ( ) Copies To: Attn: Email: ( ) Copies To: Attn: Email: 7. Invoicing Address: Attn: Email: ( ) Copies To: Attn-.— Email: Attn: Email: 8. Other Pertinent Information Or Previous Subsurface Information Available: Rubino Engineering, Inc. Game Farrar Road & Somonauk Road Resurfacing in Yorkville, Illinois Rubino Proposal No: Q26.229g REY2 REMARKS May Il, 2026 Page 7 of 9 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. S) A minimum charge of 4 hours applies to field testing and observation services. Scheduling or cancellation of field testing and observation services is required no less than the working day prior to the date the 9) services are to be performed. Services cancelled without advance and/or inadequate notice will be assessed a minimum charge of 4 hours. 10) For all Rubino services, a project management/engineering review charge will be billed for all reports issued for the scheduling/supervision of personnel and the evaluation/review of data and reports. 11) The minimum billing increment for time is a half hour. 12) A project set-up charge of a minimum of two hours applies to all projects. 13) Professional services rates are exclusive of expert deposition or testimony time. 14) Drilling and field service rates are based on OSHA Level D personnel protection. 15) For sites where drilling is to occur that are not readily accessible to a truck mounted drill rig, rates for rig mobility, site clearing, crew stand-by time, etc, will be charged as applicable. 16) If applicable the prevailing wage fees charged under this agreement will be adjusted if there is any change in the applicable prevailing wage rate established by the Illinois Department of Labor. 17) Services and fees not listed on this schedule may be quoted on request. Rubino Engineering, Inc. Game Farm Road cf Somonauk Road Resurfacing in Yorkville, Illinois May 11. 2026 Rubino Proposal No: Q26.229g_REV2 Page 8 of 9 Cam: 1101117F Rt1BINmila ACORb, CERTIFICATE OF LIABILITY INSURANCE m-mpmmmvrn 16M21# 5 TUM CEf1TTFICATE tS19SuED AS A MATTER OF INFORMATIOM ONLY AND OONFERS NO RSOr1T9 UPON THE CERTMIC„ATE HOLDER. TH13 CERTIFICATE. DOES NOT AF€IRMATrVELY OR N€GAThIELY AMENM EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TI'IIS CERTIFICATE OF INSURANCE DOES NOT CONSnTUTE A CONTRACT BETWEEN THE 13$IiltNG tNSURER{S), AUTHORLL M RERRESENTATNE OR PRODUCER, AND THE CERTIFICATE HOLDER 1UPCIRTAKT'. It ehe t'-ert0cate rlokW is art A.4DIt10NAL L1` 4UREU. the pale-Oesh m[r8I t%avq. 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AAEPIT W M RPSP£C'T TO IMkICJI U43 CERUFOLATE hAAY Ewe ISSt.ED OR MAY PFATAft THE INSURA1110E AFFORLIED BY T114F PQILC-IES l7£SC4tI9E# ! UMN 15 SIJIIJECT TO ALL T14E TERNS, -.;s CLIJ'M*5 V' AND C4)NL-TIDhS Or SUCH FOLJOE.S. LIMITS Sk4D14N MAY HAVE KEN REIYJCr7G BY PAID CLAM.. PE C•: INW.RkN[E A Own- .r - r VreTY.� : �'Y'iY Ldws PSH00377 M1025 Q"1=27c4r�Ectac crr•r cT;uo.;m .,00�0fI,009090 t�k ucaink.r1"ea:R s1s111 awQ:rosl,vR,scmy,T u<, L_s ' . � a' J'''T C-ErER=L 1r-3F_=CITE s2.000,I)DO x�Tr_.T9-T. �Lrcnr r:rr, A Aur_+_ �( uxenJTa - Wb WLARFP -,,1 i xi �46MNffJ! rJTrI3 CIfLY PSAM1684 102025 MI/20 8ClQ8Y=.N�rIY CPC, p[ g[e . 6 _- numv IFL&A-i Pie .,. 2-11 I rYeCr'!9[TP L�Pri�h i tee 5 A x ua1aRELLALAk& Exrwm UAB occltm GL�I4&iihLiPc PSSO402142 =25091i61120 Ea.a_— QO'Obq' dC1GRE4fT5 a$.RO41'.t7C1O -'Li I I ti£rlrlx]NS i A waazeEabf�.eFs�. AW zLW%.oYEref LWOLF" Ml+ PRtR'T.iT'"�F._�P..WTM' �LF:�Ljr7i T i �'4 €Y TR-'f fli F CtiL147E 7 '} di rlrl I . 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AV nghls rpS'm ptl ACORO 3S ("ISMr 1 of 1 1he ACORD norne ants logo are registarod marks of ACORD /531133355fMS0715566 SXNAR Rubino Engineering, Inc. Garin Farm Road & Somonauk Road Resurfacing in Yorltrille, Illinois May 11. 2026 Rubino Proposal No: Q26.229g RE62 Page 9 of 9 10421=1c7_ISKi ►I`lI]i eNI-'i It. 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 geotachnical, analytical, testing or other service to be performed by Rubino Engineering, Inc. as set forth in Rubino Engineering, Inc.'s proposal, Client's acceptance thereof and these General Conditions. Additional services ordered by Client shall also be subject to these General Conditions. "Client' refers to the person or business entity ordering the services to be done by Rubino Engineering, Inc_ If Client is ordering the services an behalf of another, Client represents and warrants that it is the duly authorized agent of Said party far the purpose of ordering and directing said services_ Unless otherwise staled 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, I nc.'s services, Rubino Engineering, Inc shall have no duty or obligation to any third party greater than that set forth fn Rubino Engineering, Inc.'s proposal, Client's acceptance thereof and these General Conditions. The ordering of services from Rubino Engineering, Inc, or the reliance on any of Rubino Engineering, Inc.'s work, shall constitute acceptance of the terms of Rubino Engineering, Inc.'s proposal and these General Conditions, regardless of the terms of any subsequently issued document, 2. TESTS AND INSPECTIONS: Client shall cause all tests and inspection of the site. materials and work performed by Rubino Engineering, Inc or others to be timely and property performed in accordance with the plans, specifications and contract documents and Rubino Engineering, Inc.'s recommendations. No claims for loss, damage or injury shall by brought against Rubino Engineering, Inc. by Client or any third party unless all tests and inspections have been so performed and unless Rubino Engineering, Inc.'s recommendations have been followed. Client agrees to indemnity. defend and hold Rubino Engineering, Inc., its officers, employees and agents harmless from any and all claims, suits, lasses, costs and expenses, including, but not limited to, court costs and reasonable attorney's fees in the event that all such tests and inspections are not so performed or Rubino Engineering, Inc,'s recommendations are not so followed except to the extent that such failure is the result of the negligence, willful or wanton act of omission of Rubino Engineering, Inc, its officers, agents or employees, subject to the limitation contained in paragraph 9. 3. SCHEDULING OF SERVICES: The services set forth in Rubino Engineering, Inc.'s proposal and Client's acceptance will be accomplished in a timely, workmanlike and professional manner by RUBINO ENGINEERING, INC. personnel at the prices quoted. If Rubino Engineering, Inc. is required to delay commencement of the services or if, upon embarking upon its services, Rubino Engineering, Inc. is required to stop or interrupt the progress of its services as a result of changes in the scope of the services requested by Client, to fulfill the requirements of third parties, interruptions in the progress of construction, or other causes beyond the direct reasonable control of Rubino Engineering, Inc., additional charges will be applicable and payable by Client. 4. ACCESS TO SITE: Client will arrange and provide such access to the site as is necessary for Rubino Engineering, Inc to perform the services. Rubino Engineering, Inc shall take reasonable measures and precautions to minimize damage to the site and any Improvements located thereon as the result of its services or the use of its equipment; however, Rubino Engineering, Inc. has not included in its fee the cost of restoration of damage which may occur, If Client desires or requires Rubino Engineehng, 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 al which Rubino Engineering, Inc. is to perform services hereunder, and unless Rubino Engineering, Inc has assumed in writing the responsibility of locating subsurface objects, structures, lines or conduits_ Rubino Engineering, Inc. may use such information in performing its services and is entitled to rely upon the accuracy and completeness thereof Client agrees to defend, indemnify and save Rubino Engineering, Inc. harmless from all claims, suits, loses costs and expenses, including reasonable allamey'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 or procedures of construction. Rubino Engineering, Inc. shall not be responsible for evaluating, reporting or affecting jab conditions concerning health, safety or welfare, Rubino Engineering. Inc.'s services or failure to perform same shall not in any way excuse any contractor, subcontractor or supplier from performance of its work in accordance with the contract documents. Rubino Engineering, Inc. has no right or duty to stop the contractors work. 7. SAMPLE DISPOSAL: Unless otherwise agreed in writing, test specimens or samples will be disposed immediately upon completion of the test, All drilling samples or specimens will be disposed sixty (60) days after submission of Rubino Engineering, Inc.'s report, & PAYMENT: Client shall be invoiced once each month for services performed during the preceding period_ Client agrees to pay each invoice within thirty (30) days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause in writing with said thirty (30) day period at the rate of eighteen (18) percent per annum (or the maximum interest rate permitted under applicable law), until paid. Client agrees to pay Rubino Engineering, Inc.'s cost of collection of all amounts due and unpaid after sixty 160) 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 tart, contract or otherwise and whether known or unknown at the time, 9. STANDARD OF CARE: RUBINO ENGfNEERING, INC!S SERVICES WILL BE PERFORMED, ITS FINDINGS OBTAINED AND ITS REPORTS PREPARED IN ACCORDANCE WITH ITS PROPOSAL, CLIENT'S ACCEPTANCE THEREOF, THESE GENERAL CONDITIONS AND WITH GENERALLY ACCEPTED PRINCIPLES AND PRACTICES. IN PERFORMING ITS PROFESSIONAL SERVICES, RUBINO ENGINEERING, INC. WILL USE THAT DEGREE OF CARE AND SKILL ORDINARILY EXERCISED UNDER SIMILAR CIRCUMSTANCES BY MEMBERS OF ITS PROFESSION_ RUBINO ENGINEERING, INC. MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH ITS SERVICES PROVIDED AS SET FORTH IN ITS PROPOSAL, CLIENT'S ACCEPTANCE THEREOF, AND THESE GENERAL CONDITIONS. STATEMENTS MADE IN RUBINO ENGINEERING, INC. REPORTS ARE OPINIONS BASED UPON ENGINEERING JUDGMENT AND ARE NOT TO BE CONSTRUED AS REPRESENTATIONS OF FACT_ SHOULD RUBINO ENGINEERING, INC. OR ANY OF ITS PROFESSIONAL EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF ITS WORK, OR TO HAVE MADE AND BREACHED ANY EXPRESSED OR IMPLIED WARRANTY, REPRESENTATION OR CONTRACT, CLIENT, ALL PARTIES CLAIMING THROUGH CLIENT AND ALL PARTIES CLAIMING TO HAVE IN ANY WAY RELIED UPON RUBINO ENGINEERING, INC_'S WORK, AGREE THAT THE MAXIMUM AGGREGATE AMOUNT OF THE LIABILITY OF RUBINO ENGINEERING, INC., ITS OFFICERS, EMPLOYEES AND AGENTS SHALL HE LIMITED TO $10,000.00 OR THE TOTAL AMOUNT OF THE FEE PAID TO RUBINO ENGINEERING, INC- FOR ITS WORK PERFORMED WITH RESPECT TO THE PROJECT, WHICHEVER AMOUNT IS GREATER. NO ACTION OR CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE, MAY BE BROUGHT AGAINST RUBINO ENGINEERING, INC., ARISING FROM OR RELATED TO RUBINO ENGINEERING, INC.'S WORK. MORE THAN TWO (2) YEARS AFTER THE CESSATION OF RUBINO ENGINEERING. INC.'S WORK HEREUNDER, 10. INDEMNITY: To the fullest extent permitted by law, Client and Rubino Engineering, Inc. each agree to indemnify the other party and the other parry's officers, directors, partners, employees, and representatives, from and against losses, damages, and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are found to be caused by a negligent act, error, or omission of the indemnifying party or any of the indemnifying parry's officers, directors, members, partners, agents, employees, subcontractors, or subconsultants in the performance of services under this Agreement. If claims, losses, damages, and judgments are found to be caused by the joint or concurrent negligence of Client and Rubino Engineering, Inc., they shall be borne by each party in proportion to its negligence. 11, TERMINATION: This Agreement maybe 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, lnc.'s files in order andlor 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 Engineedng Inc. has been paid in full all amounts due for services, expenses and other related changes. 12. DISPUTE RESOLUTION: In the event of a dispute arising out of or relating to this Agreement or the services to be rendered hereunder. the Client and Rubino Engineering, Inc. agree to attempt to resolve such disputes in the following manner: 1) The parties agree to attempt to resolve any and all unsettled claims, counterclaims, disputes and other matters in question through direct negotiations between the appropriate representatives of each party, 2) If such negotiations are not fully successful, the parties agree to submit any and all remaining unsettled claims, counterclaims, disputes and other matters in question to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association, effective as of the date of this Agreement. 13. WITNESS FEES: Rubino Engineering, Inc.'s employees shall not be retained as expert witnesses except by separate written agreement. Client agrees to pay Rubino Engineering, Irc_'s legal expenses, administrative casts 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. 16. HAZARDOUS MATERIALS: Nothing contained within this agreement shall he construed or interpreted as requiring Rubino Engineering, Inc to assume the status of an owner, operator, generator, stoner, transporter, treater or disposa( facility as those terms appear within RCRA, CERCLA, or within any Federal or State statute or regulation governing the generation, transpartatidn, treatment, storage and disposal of pollutants. Client assumes full responsibility for compliance with the provisions of RCRA. CERCLA, and any other Federal or State statute or regulation governing the handling, treatment, storage and disposal of pollutants. 16, PROVISIONS SEVERABLE: The parties have entered into this agreement in good faith and it is the specific intent of the parties that the terms of the General Conditions be enforced as written, In the event any of the provisions of these General Conditions should be found to be unenforceable, it shall be stricken and the remaining provisions shall be enforceable. 17. ENTIRE AGREEMENT: This agreement constitutes the entire understanding of the parties, and there are no representations, warranties or undertakings made other than as set forth herein. This agreement may be amended, modified or terminated only in writing, signed by each of the parties hereto, Rubino Engineering, Inc, O E Lu z L E z O N E O m� � L D � c 0 U o E uj a m U � z cc N @ y O Q U c) @ C Q7 N {/3 v � � r � N � m q7 L to c c:E p E U � z ❑ U C C w y fA C Y V w N C 0 a� N [[1 7 S 4> U (D E Q e � o o�p O W w W O N LL LL W = H a W X 7 J OIL O U W /J a Q w z } O F- w Q a J cn z U F- O ° W a J � N N N J V O ClO N C:)N N r r O N w Q IL m L J W LLI 0 HA0 13 uX(n z <a Lu z O U 0 0 V O O (C O Ln o C U (A s 0 2 4) � N O y O N tu N r J � N +' O O N N T N N CQ co L4 0 T uj z NO N F- L) m � rr W v LO 0 J f9 0 0 Lq T Local Public Agency County Section Number United City of Yorkville Kendall Consultant I Subconsultant Name .fob Number Rubino Engineering, Inc. Q26.229g_REV2 PAYROLL RATES EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET FIXED RAISE MAXIMUM PAYROLL RATEI 90.00 ESCALATION FACTORI 1.50% JOB SPECIFIC • Classitications and Average Payrates need to match current payrolls submitted to the Department IDOT AVG CLASSIFICATION PAYROLL RATES CALCULATED RATE ON FILE Material Tester $45.65 $46.33 Project Manager 1 Engineer $59.72 $60.62 Staff Engineer 1 Geologist 1 Soil Scientist $40.28 $40.88 Laboratory Staff $32.61 $33.10 Principal $78.00 $79.17 BLR 05514 (Rev. 11/21125) Printed 5/11/2026 RATES Page 2 of 7 Local Public A ency County Section Number United City of Yorkville Kendall Consultant 1 Subconsultant Name Job Number Rubino Engineering, Inc. Q26.229 REV2 SUBCONSULTANTS EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET NAME Tota I Contribution to Prime Direct Labor Total Consultant (Payroll Only) 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, 11/21/25) Printed 5111/2026 SUBS Page 3 of 7 Local Public Agency County Section "lumber United City of Yorkville Kendall Consultant/ Subconsultant Name Job Number Rubino Engineering, Inc. Q26.229g_REV2 DIRECT COSTS WORKSHEET List ALL direct costs required for this project. Those not listed on the form will not be eligible for reimbursement by the LPA on this project. EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET ITEM ALLOWABLE QUANTITY CONTRACT RATE TOTAL. Per Diem er Federal GSA Up to federal maximum $0.00 Lodging (per Federal GSA) Actual Cost (Up to Federal rate maximum $0.00 Lodging Taxes and Fees er Federal GSA Actual Cost $0.00 Air Fare Coach rate, actual cost, requires minimum two weeks' notice, with prior IDOT approval $0,00 Vehicle Mileage (per Federal GSA Up to Federal rate maximum $0.70 $0.00 Vehicle Owned or Leased (no mileage charge allowed) $45.001half day (4 hours or less) or $901full day 2 $90.00 $180.00 Vehicle Rental Actual Cost (Up to $551day) $0.00 Tolls Actual Cost $0.00 Parking Actual Cost $0.00 Overtime Premium portion (Submit supporting documentation) $0.00 Shift Differential Actual Cost (Based on firm's policy) $0,00 Overnight DeliverylPoslagelCourier 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 Cast $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 $15lhaur) $0.00 Web Site Actual Cost (Submit supporting documentation) $0.00 Advertisements Actual Cost (Submit supporting documentation) $0.00 Public Meeting Facility Rental Actual Cost (Submit supporting documentation) $0.00 Public Meeting Exhibits/Renderings & Equipment Actual Cost (Submit supporting documentation) $0.00 Recording Fees Actual Cost $0,00 Transcriptions (specific to project) Actual Cost $0.00 Courthouse Fees Actual Cost $0.00 Storm Sewer Cleaning and Televising Actual Cost (Requires 2-3 quotas with tDOT approval) $0.00 'Traffic Control and Protection Actual Cost (Requires 2-3 quotes with IDOT approval) 1 $1,150.00 $1,150,00 (Aerial Photography and Mapping Actual Cost (Requires 2-3 quotes with (DOT approval) $0.00 Uthity Exploratory Trenching Actual Cast (Requires 2-3 quotes with IDOT approval) $0.00 Testing of Soil Samples Actual Cost 1 $175.00 $175.00 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 Drill Rig Mobilization In house direct cost $0.00 Drilling (Hourly) In house direct cost $0.00 Drilling (Overtime) In house direct cost $0.00 TOTAL DIRECT COSTS: $11505.00 BLR 05514 (Rev. 11/21125) Printed 511 #l2026 DIRECT COSTS Page 4 of 7 In -House Laboratory Testing of Soil Testing Lab Testing Quanitity Rate Total Moisture Content $ 8.90 $ - Atterberg Limits $ 89.00 $ - Hydrometer $ 178.00 $ - Unconfined Compression Testing $ 95.00 $ - Organic Content $ 29.67 $ - Consolidation Testing $ 960.00 $ - pH Testing $ 22.25 $ - Triaxial Testing $ 1,800.00 $ - Grand Total $ Lab Services (CCDD Testing) Lab Testing Quanitity Rate Total pH 7 $ 25.00 $ 175.00 VOC's, SVOC's, Total RCRA Metals $ 650.00 $ - Grand Total $ 175.00 r m O UY A LLI W U) Y O U W U_ LU LU Cl) 2� Yw �U) O �— w� aU) �z �O U W 0 O H w N�- O� U— F U) LU U) O U 00 T X w 0 w O F— U a LL X W -i C1. 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