HomeMy WebLinkAboutResolution 2026-069Resolution No. 2026-69
A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS APPROVING CHANGE ORDER NUMBER TWO RELATED TO
THE BEECHER ROAD RECONSTRUCTION PROJECT
WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly
existing non home -rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and
WHEREAS, the City has approved a contract in the amount of $89,268.00 with
Engineering Enterprises, Inc. ("EET'), for engineering for a project commonly known as the
Beecher Road Reconstruction Project (the "Project"),
WHEREAS, a first change order that increased the price of the Project in the amount of
$76,322.00 to a total contract price of $165,590.00, was approved by Resolution No. 2026-19,
adopted February 24, 2026; and
WHEREAS, the price of the Project has since increased by $139,979.00 (the "Change
Order") due to recent updates to the development agreement with Cl Yorkville, LLC, being an
additional 2160 feet of roadway; and
WHEREAS, all change orders increasing or decreasing the cost of a public contract by at
least $25,000 must meet the required findings that circumstances necessitating the change were
not reasonably foreseeable at the time the contract was signed; or the change is germane to the
original contract as signed; or the Change Order is in the best interest of the City as required by
Section 33E-9 of the Illinois Criminal Code (720 ILCS 5133E-9); and
WHEREAS, it has been recommended to the Mayor and City Council (the "Corporate
Authorities") that a Change Order increasing the total contract price to the amount of $305,569.00
is in the best interest of the City.
Resolution No. 2026-69
Page 1
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois:
Section 1. The foregoing recitals are hereby incorporated in this Resolution as the
findings of the Cotporate Authorities.
Section 2. The Corporate Authorities hereby find and declare that the Change Order
to the contract with EEI to complete the Project, which results in a total increase of $139,979.00,
is in the best interests of the City and is hereby approved, and the City Administrator is authorized
to execute the Change Order as hereinabove identified.
Section 3. That 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
25"' day of August, A.D. 2026.
C TY CLERK
KEN KOCH
AYE
ARDEN JOE PLOCHER AYE
CHRIS FUNKHOUSER AYE
DAN TRANSIER
CRAIG SOLING
MATT MAREK
RUSTY CORNEILS AYE RUSTY HYETT
APPROVED by me, as Mayor of the United City of Yorkvill,
this day of �� , A.D. 2026.
ABSENT
AYE
AYE
AYE
1 County, Illinois
Resolution No. 2026-69
Page 2
Attest:
6CY CLERK
Resolution No. 2026-69
Page 3
ENGINEERING ENTERPRISES, INC.
52 Wheeler Road, Sugar Grove, IL 60554
Ph: 630.466.6700 • Fx: 630.466.6701
www.eeiweb.com
To: Bart Olson
City Administrator
United City of Yorkville
651 Prairie Pointe Drive
Yorkville, IL 60560
Description of Work 1 Scope Change 1 Reason for Change
Change Order Number: 2
Change Order Date: 8/3/2026
Project Name: Beecher Rd Reconstruction
Project Number: Y02436-P
The City recently updated the development agreement with Cyrus One to require them to improve Beecher Road
to current City standards from Corneils Road to south of the BNSF railroad tracks. The original scope of the
Beecher Road Reconstruction included approximately 1,450' north from the railroad tracks. The first change order
required an additional 1,550' of Beecher Road to be designed and updated. This second change order would
require an additional 2,160' of Beecher Road to be designed and updated to City standards. The estimated
construction cost for the additional work is $2,618,000. The additional scope will include coordination with BNSF
railroad, putting together proposed project plans, specifications, right-of-way acquisition documents including plats
and title commitments, additional utility coordination, additional topographic survey, additional soil borings and
CCDD testing. Attached, please find a level of effort for the associated work and the amounts are summarized
below:
Total Value of Change (Amount)= $139,979.00
Original Contract Sum $ 89,268.00
Net change by previous authorized Change Orders $ 76,322.00
Contract Sum prior to the Change Order $ 165,590.00
Sum of this Change Order $ 139,979.00
New Contract Sum $ 305,569.00
Authorized by:
Engineering Enterprises, Inc.
52 Wheeler Road
Sugar Grove, IL 60554
By:
Date: 25ZZ
Authorized by Owner/Client/Agent:
By:
Date:
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ENGINEERING INC.
July 21, 2026
To: Christopher Ott, PE, CPII
Engineering Enterprises, Inc
52 Wheeler Road
Spring Grove, Illinois 60554
P: 630.466.6757
Via email: COtt(a-�eeiweb.com
Dear Mr. Ott,
Re: Proposal - Geotechnical Exploration
Proposed Beecher Road Reconstruction
in Yorkville, Illinois
Proposal No. Q26.396g
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, CPI I of Engineering Enterprises, Inc via email on July 17th,
2026.
PROJECT UNDERSTANDING
Rubino understands that Engineering Enterprises, Inc is planning to aid the City of Yorkville with
the reconstruction of Beecher Road from Corneils Road to Faxon Road in Yorkville, Illinois.
Information received:
• RFP email from Christopher Ott, PE, CPI! of Engineering Enterprises, Inc on July 17th,
2026.
• Project Location Drawing: "20260717123715.pdf' — Included in RFP email (shown below)
Rubino Engineering, Inc. • 425 Shepard Drive . Elgin, IL 60123 . 847-931-1555 . 847-931-1560 (Fax)
Proposed Beecher Road Reconstniction in Yorkville, Illinois Jul 'v 21. 2026
Rubino Proposal No. Q26.396g Page 2 of I I
Field Services Scope of Services Summary
Additional Scope discussion can be found in subsequent pages of this proposal
Client Notification Needed prior to
mobilization
Site Access
Field Equipment Proposed
Traffic Control Needs
Pavement and Soil Sampling and Purpose
Soil Sampling Intervals
Backfill Needs
Patching
Site Protection or Restoration included
Groundwater Readings
CCDD
Boring Depths
Please notify Rubino if this is needed upon project
authorization
Open site
Track -mounted Geoprobe Drill Rig & Core Machine
Flaggers
SPT Borings and Cores
• Core through pavement and subbase at B-01
through B-06
• Borings B-07 through B-10 to be drilled in east
parkway
• Drilling/SPT: 2'/2 ft to 5 feet
o pH on one sample per boring (IEPA
Lab)
SPT - 2 '/z ft to 5 feet
Cuttings, excess spoils remain on site
Cold Patch
None
During drilling and upon auger removal
662 - soil grabs at each boring + pH
To obtain data to evaluate subsurface conditions within the proposed development/construction
areas_ EEI proposes the drilling scope of work as detailed below:
NUMBER OF
DEPTH
SPT
NUMBER OF
CORES WITH
(FEET
LOCATION ON SITE 1
SOIL CLASSIFICATION
SAMPLING
BORINGS
PAVEMENT
BEG*)
BORING #'S
METHOD
INTERVALS
THICKNESS
6
6
5
Beecher Road
(B-01 thru B-06)
East Parkway of
2'/2 ft to 5 ft USCS
4
--
5
Beecher Road
(B-07 thru B-10)
10 Total
6 Total
50 Total
Lineal Feet
Borings
Cores
CCDD Soil Sampling
NUMBER SAMPLES FOR CCDD TARGET DEPTH
TESTING (FEET BEG*) ANALYTICAL TESTS
10 1-5 pH
*BEG = below existing grade
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.
Rubino Engineering, Inc.
Proposed Beecher Road Reconsinictior in Yorkville, Illinois July 21, 2026
Rubino Proposal No. Q26.396g Page 3 of 11
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.
Traffic Control
Rubino anticipates that traffic control will be necessary along Beecher Road. 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 5 feet.
Completion of Borings
Upon completion of drilling, the borings will be backfilled with soil cuttings and capped with similar
existing material and/or asphalt cold patch_ Some damage to ground surface may result from the
drilling operations near the work areas and along ingress/egress pathways. Rubino will attempt
to minimize such damage, but no restoration otherthan backfilling the soil test borings is included.
Rubino Engineering, Inc.
Proposed Beecher Road Reconstruction in Yorkville, Illinois July?1, 2026
Rubino Proposal No, Q16.396g Page 4 of II
It should be noted that over time, some settlement may occur in the bore hole. If Rubino is
requested to return to the site for the purpose of filling any bore holes that may have settled,
additional time and material charges may apply.
Geotechnical Laboratory Testing.
The soil samples obtained during the field exploration program will be transported to the
laboratory for classification and a limited number of laboratory tests. The nature and extent of the
laboratory testing program is at the discretion of Rubino Engineering, Inc. and will depend upon
the subsurface conditions encountered during drilling.
Laboratory testing will be performed in accordance with ASTM procedures and may include
examination of selected samples to evaluate the soils` index properties and relative strength
characteristics.
Based on the proposed quantity of soil borings, anticipated depths, and project type, a list of the
anticipated laboratory tests are summarized below.
Laboratory Test Estimated Sample Type
Quantity
Natural Moisture Content 20 Split spoon
Atterberg Limits 2 Split spoon
Organic Content 2 Split spoon
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)
o 2 Eris Report
• Soil Analytical Tests:
o pH (10 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.
GEO REPORT
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
Rubino Engineering, Inc.
Proposed Beecher- Road Reconstruclion in Yorkville, Illinois July 21, 2026
Rubino Proposal Na. Q26.396g Page 5 of 11
• Overview of encountered subsurface conditions
• Overview of field and laboratory tests performed including results
• Summary table of encountered pavement and subbase stone thickness with photo
documentation
• 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
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:
Rubino Engineering, Inc.
Proposed Beecher Road Reconstruction in Yorkville, Illinois
Rubino Proposal No, Q26.396g
Boring Layout I Utility 1 PM
Subsurface Drill Rig Mobilization and Drilling
Exploration
Pavement Cores
Traffic Control Flaggers
Lab Geotechnical Lab Tests as described above
Reporting Preparation of the Geotechnical Report
CCDD 662 Lab pH testing at IEPA accredited lab ($25 each)
July 21, 2026
Page 6 of I 1
$ 850.00
Lump sum
$ 3,800.00
Lump sum
$ 1,440.00
Lump sum
$ 2,300.00
Estimate
$ 386.00
Lump sum
$ 1,850.00
Lump sum
$ 250.00
Lump sum
CCDD 662 Rpt PIP Evaluation and LPC Form 662: $ 1,400.00 Lump sum
$12,276.00 Grand Total
Please see the attached fee schedule for additional unit rates for services requested after issuing
the geotechnical report (drawing / spec review, scope or site layout change, etc.).
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 Beecher Road Reconsintction in Yorkville, Illinois
Rubino Proposal No. Q26.396g
RumNo ENGINEERING, INC.
*WYU - - -
Michelle A. Lipinski, PE
President
michelle.lipinski(c7rubinoeng.com
Prepared By: Jonathan Ignarski, ionathan(@rubinoeng.com
MAUf le
Attachments: Proposal Acceptance and Data Sheet
Schedule of Services and Fees
General Conditions
July 21, 2626
Page 7 of 11
Anthony . Tomaras, PG
Project Manager
anthon rubinoen .com
"This is an electronic copy. Hard Copies of this proposal are available upon request.
Rubino Engineering, Inc.
Proposed Beecher Road Reconsiniction in Yorkville, Illinois
Rubino Proposal No. Q26.396g
PROPOSAL ACCEPTANCE:
AGREED TO, THIS DAY OF
BY (please print):
TITLE:
COMPANY:
SIGNATURE:
PROJECT INFORMATION:
1
2
3
4
5
6
Project Name:
Project Location:
Your Job No:
Project Manager:
Site Contact:
Number and Distribution of Reports:
( ) Copies To:
Attn:
Email:
( ) Copies To:
Attn:
Email:
7. Invoicing Address:
Purchase Order No.:
Telephone No.:
Telephone No.:
( ) Copies To:
Attn:
Email:
( ) Copies To:
Attn:
Email:
Attn:
Email:
8. Other Pertinent Information Or Previous Subsurface Information Available:
Jody 21. 2026
Page 8 of I I
, 202_.
Rubino Engineering, Inc.
Proposed Beecher Road Reconsfruction in Yorkville, Illinois July 21. 2026
Rubino Proposal No. Q26.396g Page 9 of 11
Rubino Engineering, Inc.
2026 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 $ 186.00
Project Engineer/Manager Per Hour $ 140.00
Engineering Field Technician 1 Field Engineer 1 Field Geologist Per Hour $ 120.00
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 Wail Tubes (ASTM D-1587) Each $ 50.00
LABORATORY TESTING
Moisture Content Test 1 Visual Classification Each $ 8.90
Atterberg Limits Determination (LL, PL) Each $ 65.00
Organic Content Determination Test (loss on ignition) Each $ 15.00
EQUIPEMENT CHARGES
Vehicle Charge — Round Trip
Per Day $ 95.00
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.
3) Overtime rates are applicable for services performed in excess of 8 hours per day Monday through Friday, before 8:00 AM or 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.
9) Scheduling or cancellation of field testing and observation services is required no less than the working day prior to the date the services are to
be performed. Services cancelled without advance and/or inadequate notice will be assessed a minimum 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 evaluationlreview 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 Beecher Road Reconstruction in Yorkville, Illinois
Rubino Proposal AV Q26.396g
July 21, 2026
Page 10 of 11
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CERTIFICATE DOES NOT AFARMATIII OR NEOATIVELY AMEkti, EATEND OR ALTER THE COVERAGE AFPD RIMED BY THE POLICIES
BELOIIV- THIS CERTIFICATE OF INSUitANCE DOES NOT C ONST1TUTE A CONTRACT BETWEEN THE ISSIJM INWRER(Sly, AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE MQLDEFL
IMPORTANT: If III* cermNareRraade€#san ADDFWNAL INSIJPEll, inA pi)l- YID}rnUV aue ACUrTiIDNAL INSURED provll3#rans or beecidlprsed.
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Rubino Engineering, Inc.
Proposed Beecher Road Reconstruction in Yorkville, Illinois July 21, 2026
Rubino Proposal No. Q26.396g Page 11 of 11
GENEP,AL CONDITIONS
1. PARTIES AND SCOPE OF SERVICES: Rubino Engineering, Inc. shall include said company or its particular division, subsidiary or affiliate performing the services. "Services" means the specific
geolechnical, analytical, testing or other service to be performed by Rubino Engineering, Inc. as set forth in Rubino Fngineering, Ins.'s proposal, Client's acceptance thereof and these General Conditions.
Additional services ordered by Client shall also be subject 10 these General Conditions. "Client" refers to the person or business entity ordering the services to be done by Rubino Engineering, Inc. If Client
is ordering the services on behalf of another, Client represents and warrants that it is the duly authorized agent of said party for the purpose of ordering and directing said services. Unless otherwise stated
in writing, Client assumes sole responsibility for determining whether the quantity and the nature of the services ordered by the client is adequate and sufficient for Client's intended purpose. Client shall
communicate these General Conditions to each and every third party to whom Client transmits any part of Rubino Engineering, InC.'a services. Rub+no Engineering, Inc. shall have no duty or obligation to
any third party greater than that set forth in Rubino Engineering, Inc.'s proposal, Client's acceptance thereof and these General Conditions. The ordering of services from Rubino Engineering, Inc., or the
reliance on any of Rubino Engineering, Inc.'s work, shall constitute acceptance of the terms of Rubino Engineering, Inc.'s proposal and these General Conditions, regardless of the terms of any subsequently
issued document.
2. TESTS AND INSPECTIONS: Client shall cause all tests and inspection of the site, materials and work performed by Rubino Engineering, Inc. or others to be timely and property performed in accordance
with the plans, specifications and contract documents and Rubino Engineering, Inc.'s recommendations. No claims for loss, damage or injury shalt 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. Chant 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 attamey'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, wilful or
wanton act of emission 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 ai 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 applicaNe 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-
S. 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 fines and pollutants at any
site at which Rubino Engineering, Inc. is to perform services hereunder, and unless Rubino Engineering, Inc. has assumed in wrlting 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, indemnity and save
Rubino Engineering, Inc. harmless from all claims, suits, Poses costs and expenses, including reasonable attorneys fees as a result of persona; injury, death or property damage occurring with respect to
Rubino Engineering, Inc.'s performance of its work and resulting to or caused by contact with subsurface of latent objects, structures, lines or conduits where the actual or potential presence and location
thereof were not revealed to Rubino Engineering, Inc. by Client and/or by any of Client's subcontractors or sub consultants
fi. RESPONSIBILITY: Rubino Engineering, Inc.'s services shall not include determining, supervising or implementing the means, methods, techniques, sequences or procedures of construction. Rubino
Engineering, inc. shall not be responsible for evaluating, reporting or affecting job conditions concerning health, safety or welfare. Rubino Engineering, Inc.'s services or failure to perform same shall not in
any way excuse any contractor, subcontractor or supplier from performance of its work in accordance with the contract documents. Rubino Engineering, Inc. has no right ar 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.
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. Olent 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 taw), until paid. Client agrees to pay Rubino Engineering, Inc.'s cost of collection of all amounts due and unpaid after sixty (SO) days, including court costs and reasonable attorney's fees.
Rubino Engineering, Inc. shall not be bound by any prevision 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 far services duly rendered. Failure to make payment within thirty (30) days of invoice shall constitute a release of Rubino Engineering, Inc from any and all claims which Client may have,
whether in tort, contract or otherwise and whether known or unknown at the time.
9. STANDARD OF CARE: RUBINO ENGINEERING, INC.'S SERVICES WILL BE PERFORMED, ITS FINDINGS OBTAINED AND ITS REPORTS PREPARED IN ACCORDANCE WITH ITS PROPOSAL,
CLIENT'S ACCEPTANCE THEREOF, THESE GENERAL CONDITIONS AND WITH GENERALLY ACCEPTED PRINCIPLES AND PRACTICES. IN PERFORMING ITS PROFESSIONAL SERVICES,
RUBINO ENGINEERING, INC. WILL USE THAT DEGREE OF CARE AND SKILL ORDINARILY EXERCISED UNDER SIMILAR CIRCUMSTANCES BY MEMBERS OF ITS PROFESSION, RUBINO
ENGINEERING, INC. MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH ITS SERVICES PROVIDED AS SET FORTH IN ITS PROPOSAL, CLIENT'S ACCEPTANCE
THEREOF, AND THESE GENERAL CONDITIONS. STATEMENTS MADE IN RUBINO ENGINEERING, INC. REPORTS ARE OPINIONS BASED UPON ENGINEERING JUDGMENT AND ARE NOT TO
BE CONSTRUED AS REPRESENTATIONS OF FACT.
SHOULD RUBINO ENGINEERING, INC. OR ANY OF ITS PROFESSIONAL EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF ITS WORK, OR TO HAVE MADE AND
BREACHED ANY EXPRESSED OR IMPLIED WARRANTY, REPRESENTATION OR CONTRACT, CLIENT, ALL PARTIES CLAIMING THROUGH CLIENT AND ALL PARTIES CLAIMING TO HAVE IN
ANY WAY RELIED UPON RUBINO ENGINEERING, INC.'S WORK, AGREE THAT THE MAXIMUM AGGREGATE AMOUNT OF THE LIABILITY OF RUBINO ENGINEERING, INC., ITS OFFICERS,
EMPLOYEES AND AGENTS SHALL BE LIMITED TO $10,000.00 OR THE TOTAL AMOUNT OF THE FEE PAID TO RUBINO ENGINEERING, INC. FOR ITS WORK PERFORMED WITH RESPECT TO
THE PROJECT, WHICHEVER AMOUNT IS GREATER.
NO ACTION OR CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE, MAY BE BROUGHT AGAINST RUBINO ENGINEERING, INC., ARISING FROM OR RELATED TO RUBINO ENGINEERING,
INC.'S WORK, MORE THAN TWO (2) YEARS AFTER THE CESSATION OF RUBINO ENGINEERING, INC.'S WORK HEREUNDER.
40, INDEMNITY: To the fullest extent permitted by law, Client and Rubino Englneering, 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 attomeys' fees and expenses recoverable under applicable law, but only to the
extent they are found to be caused by a negligent act, error, or omission of the indemnifying party or any of the indemnifying 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 of concurrent negligence of Client and Rubino
Engineering, Inc., they shall be borne by each party in praparticn to its negligence.
11. TERMINATION: This Agreement may be terminated by either party upon seven (7) days' prior written notice. in the event of termination, Rubino Engineering, Inc shall be compensated by Client for
all services performed up to and including the termination date, including reimbursable expenses and for the completion of such services and records as are necessary to place Rubino Engineering, Inc.'s
files in order and/or protect its professional reputation. Failure of Client to make payments when due shall because for suspension of services or, ultimate€y, 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 fallowing 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. 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 -huff of the emplayee's annualized salary, with Rubino Engineering, Inc waiving other remedies it may have.
1 S. HAZARDOUS MATERIALS: Nothing contained within this agreement shall be construed or interpreted as requiring Rubino Engineering, Inc. to assume the status of an owner, operator, generator,
starer, transporter, treater or disposal facility as those terms appear within RCRA, CERCLA, or within any Federal or State statute or regulation governing the generation, transportation, treatment, storage
and disposal of pollutants. Client assumes full responsibility for compliance with the provisions of RCRA, CERCLA, and any other Federal or State statute or regulation governing the handling, treatment,
storage and disposal of pollutants.
16. PROVISIONS SEVERABLE: The parties have entered into this agreement in good faith and it is the specific intent of time 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.