Resolution 2025-041Resolution No. 2025-41
RESOLUTION OF THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS APPROVING AN ENGINEERING
AGREEMENT WITH ENGINEERING ENTERPRISES, INC.
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City') is a non -
home rule municipality duly organized and validly existing in accordance with the Constitution
of the State of Illinois and the laws of this State; and
WHEREAS, the City's Public Works Department plans to perform subdivision paving
and sidewalk repair (the "Project"); and
WHEREAS, completion of the Project will require engineering services conducted by an
outside engineering firm; and
WHEREAS, Engineering Enterprises, Inc., of Sugar Grove, Illinois ("EEI"), has prepared
an agreement between EEI and the City for engineering services related to the Project (the
"Agreement"), said Agreement being attached hereto as Exhibit A; and
WHEREAS, EEI has provided engineering services for various projects completed by
the City, and the City administration has found that EEI is a qualified and experienced engineering
firm; and
WHEREAS, the City administration recommends approval of the Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council (the
"Corporate Authorities") of the United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. The foregoing recitals are hereby incorporated in this Resolution as the
findings of the Corporate Authorities.
Section 2. The Mayor and City Clerk are hereby authorized to execute a 2025 Local
Road Program, United City of Yorkville, Professional Services Agreement — Construction
Resolution No. 2025-41
Page I
Engineering, attached hereto as Exhibit A.
Section 3. This Resolution shall be in full force and effect from and after its passage
and approval according to law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois
this 25t' day of March, A.D. 2025.
Y CLERK
KEN KOCH
AYE
DAN TRANSIER
AYE
ARDEN .TOE PLOCHER
AYE
CRAIG SOLING
AYE
CHRIS FUNKHOUSER
AYE
MATT MAREK
AYE
SEAVER TARULIS
AYE
RUSTY CORNEILS
AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this '55rtday of NAO rC,�A , A.D. 2025.
Attest:
C' Clerk
MAYOR
Resolution No. 2025-41
Page 2
UNITED CITY OF YORKVILLE 2025 LOCAL ROAD PROGRAM
2025 Local Road Program
United City of Yorkville
Professional Services Agreement — Construction Engineering
THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred to as
the "City" or "OWNER" and Engineering Enterprises, Inc. hereinafter referred to as the
"Contractor" or "ENGINEER" agrees as follows:
A. Services:
ENGINEER agrees to furnish to the City the following services: The ENGINEER shall provide
any and all necessary engineering services to the City as indicated on the Scope of Services
(Attachment B). Construction Engineering for all roadways indicated on Attachment E will be
provided. Engineering will be in accordance with all City and Illinois Department of
Transportation requirements.
B. Term:
Services will be provided beginning on the date of execution of this agreement and
continuing, until terminated by either party upon 7 days written notice to the non -terminating
party or upon completion of the Services. Upon termination the Contractor shall be
compensated for all work performed for the City prior to termination.
C. Compensation and maximum amounts due to Contractor:
ENGINEER shall receive as compensation for all work and services to be performed herein,
an amount based on the Estimated Level of Effort and Associated Cost included in
Attachment C. Construction Engineering will be paid for as an Hourly Rate in the amount of
$249,820. The hourly rates for this project are shown in the attached 2024 Standard
Schedule of Charges (Attachment E). All payments will be made according to the Illinois
State Prompt Payment Act and not less than once every thirty days.
D. Changes in Rates of Compensation:
In the event that this contract is designated in Section B thereof as an Ongoing Contract,
ENGINEER, on or before February 1st of any given year, shall provide written notice of any
change in the rates specified in Section C hereof (or on any attachments hereto) and said
changes shall only be effective on and after May 1 st of that same year.
E. Ownership of Records and Documents:
Contractor agrees that all books and records and other recorded information developed
specifically in connection with this agreement shall remain the property of the City. Contractor
agrees to keep such information confidential and not to disclose or disseminate the
information to third parties without the consent of the City. This confidentiality shall not apply
PAGE 1
UNITED CITY OF YORKVILLE 2025 LOCAL ROAD PROGRAM
to material or information, which would otherwise be subject to public disclosure through the
freedom of information act or if already previously disclosed by a third party. Upon termination
of this agreement, Contractor agrees to return all such materials to the City. The City agrees
not to modify any original documents produced by Contractor without contractors consent.
Modifications of any signed duplicate original document not authorized by ENGINEER will
be at OWNER's sole risk and without legal liability to the ENGINEER. Use of any incomplete,
unsigned document will, likewise, be at the OWNER's sole risk and without legal liability to
the ENGINEER.
F. Governing Law:
This contract shall be governed and construed in accordance with the laws of the State of
Illinois. Venue shall be in Kendall County, Illinois.
G. Independent Contractor:
Contractor shall have sole control over the manner and means of providing the work and
services performed under this agreement. The City's relationship to the Contractor under this
agreement shall be that of an independent contractor. Contractor will not be considered an
employee to the City for any purpose.
H. Certifications:
Employment Status: The Contractor certifies that if any of its personnel are an employee of
the State of Illinois, they have permission from their employer to perform the service.
Anti -Bribery: The Contractor certifies it is not barred under 30 Illinois Compiled Statutes
500I50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or
attempted bribery of an officer or employee of the State of Illinois or any other state.
Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in
default for a period of six months or more in an amount of $600 or more on the repayment of
any educational loan guaranteed by the Illinois State Scholarship Commission made by an
Illinois institution of higher education or any other loan made from public funds for the purpose
of financing higher education (5 ILCS 385/3).
Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois
Compiled Statutes 500150-10 from conducting business with the State of Illinois or any
agency as a result of being convicted of a felony.
Barred from Contracting: The Contractor certifies that it has not been barred from
contracting as a result of a conviction for bid -rigging or bid rotating under 720 Illinois
Compiled Statutes 5133E or similar law of another state.
Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free
Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract.
PAGE 2
UNITED CITY OF YORKVILLE 2025 LOCAL ROAD PROGRAM
The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees
certify and agree to take steps to ensure a drug free workplace by informing employees of
the dangers of drug abuse, of the availability of any treatment or assistance program, of
prohibited activities and of sanctions that will be imposed for violations; and that individuals
with contracts certify that they will not engage in the manufacture, distribution, dispensation,
possession, or use of a controlled substance in the performance of the contract.
Non -Discrimination, Certification, and Equal Employment Opportunity: The Contractor
agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois
Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section
504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity
clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically
incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal
Employment Opportunity, as amended by Executive Order 11375, and as supplemented by
U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to
incorporate this clause into all subcontracts under this Contract.
International Boycott; The Contractor certifies that neither it nor any substantially owned
affiliated company is participating or shall participate in an international boycott in violation
of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S.
Department of Commerce promulgated under that Act (30 ILCS 582).
Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the
Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the
date of completion of this Contract or the date of final payment under the Contract, all books
and records relating to the performance of the Contract and necessary to support amounts
charged to the Village under the Contract. The Contract and all books and records related to
the Contract shall be available for review and audit by the Village and the Illinois Auditor
General. If this Contract is funded from contract/grant funds provided by the U.S.
Government, the Contract, books, and records shall be available for review and audit by the
Comptroller General of the U.S. and/or the Inspector General of the federal sponsoring
agency. The Contractor agrees to cooperate fully with any audit and to provide full access to
all relevant materials.
United States Resident Certification: (This certification must be included in all contracts
involving personal services by non-resident aliens and foreign entities in accordance with
requirements imposed by the Internal Revenue Services for withholding and reporting federal
income taxes.) The Contractor certifies that he/she is a: x United States Citizen
Resident Alien Non -Resident Alien The Internal Revenue Service requires that taxes
be withheld on payments made to non resident aliens for the performance of personal
services at the rate of 30%.
Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its Federal
Tax Payer Identification Number or Social Security Number is (provided separately) and is
doing business as a (check one): Individual Real Estate Agent Sole
Proprietorship Government Entity Partnership Tax Exempt Organization
PAGE 3
UNITED CITY OF YORKVILLE 2025 LOCAL ROAD PROGRAM
(IRC 501(a) only) x Corporation Not for Profit Corporation Trust or Estate
Medical and Health Care Services Provider Corp.
I. Indemnification:
Contractor shall indemnify and hold harmless the Village and Village's agents, servants, and
employees against all loss, damage, and expense which it may sustain or for which it will
become liable on account of injury to or death of persons, or on account of damage to or
destruction of property resulting from the performance of work under this agreement by
Contractor or its Subcontractors, or due to or arising in any manner from the wrongful act or
negligence of Contractor or its Subcontractors of any employee of any of them. In the event
that the either party shall bring any suit, cause of action or counterclaim against the other
party, the non -prevailing party shall pay to the prevailing party the cost and expenses incurred
to answer and/or defend such action, including reasonable attorney fees and court costs. In
no event shall the either party indemnify any other party for the consequences of that party's
negligence, including failure to follow the ENGINEER's recommendations.
J. Insurance:
The Engineer agrees that it has either attached a copy of all required insurance certificates
or that said insurance is not required due to the nature and extent of the types of services
rendered hereunder. (Not applicable as having been previously supplied)
K. Additional Terms or Modification:
The terms of this agreement shall be further modified as provided on the attached Exhibits.
Except for those terms included on the Exhibits, no additional terms are included as a part of
this agreement. All prior understandings and agreements between the parties are merged
into this agreement, and this agreement may not be modified orally or in any manner other
than by an agreement in writing signed by both parties. In the event that any provisions of
this agreement shall be held to be invalid or unenforceable, the remaining provisions shall
be valid and binding on the parties. The list of attachments are as follows:
Attachment A: Standard Terms and Conditions
Attachment B: Scope of Services
Attachment C: Estimated Level of Effort and Associated Cost
Attachment D: Estimated Project Schedule
Attachment E: Location Map
Attachment F: 2024 Standard Schedule of Charges
PAGE 4
UNITED CITY OF YORKVILLE
2025 LOCAL ROAD PROGRAM
L. Notices:
All notices required to be given under the terms of this agreement shall be given mail,
addressed to the parties as follows:
For the City:
City Administrator and City Clerk
United City of Yorkville
651 Prairie Pointe Drive
Yorkville, IL 60560
For the Contractor:
Engineering Enterprises, Inc.
52 Wheeler Road
Sugar Grove Illinois 60554
Either of the parties may designate in writing from time to time substitute addresses or
persons in connection with required notices.
Agreed to this 3I day of �y cam, 2025.
United Ci ,Vorkville-
John Purcell
Mayor
Jori Behland
City Clerk
Engineering Enterprises, Inc.:
Bradley. P. Sanderson, PE
Chief Operating Officer/President
Christopher J. Ott, PE.
Project Manager
PAGE 5
ENGINEERING ENTERPRISES, INC. ATTACHMENT A - MARCH 2O25
STANDARD TERMS AND CONDITIONS
Agreement: These Standard Terms and Conditions, together with the Professional Services Agreement, constitute the entire
integrated agreement between the OWNER and Engineering Enterprises, Inc. (EEI) (hereinafter "Agreement"), and take precedence
over any other provisions between the Parties. These terms may be amended, but only if both parties consent in writing. However, to
the extent that the Scope of Work differs from the Standard Terms and Conditions, the Scope of Work document controls.
Standard of Care: In providing services under this Agreement, the ENGINEER will endeavor to perform in a matter consistent with
that degree of care and skill ordinarily exercised by members of the same profession currently practicing under same circumstances
in the same locality. ENGINEER makes no other warranties, express or implied, written or oral under this Agreement or otherwise, in
connection with ENGINEER'S service.
Construction Engineering and Inspection: The ENGINEER shall not supervise, direct, control, or have authority over any
contractor work, nor have authority over or be responsible for the means, methods, techniques sequences, or procedures of
construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety of the
site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractors furnishing and performing
of its work.
The ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for contractors failure to furnish
and perform the work in accordance with the contract documents.
The ENGINEER is not responsible for the acts or omissions of any contractor, subcontractor, or supplies, or any of their agents or
employees or any other person at the site or otherwise furnishing or performing any work.
Shop drawing and submittal review by the ENGINEER shall apply to only the items in the submissions and only for the purpose of
assessing if upon installation or incorporation in the project work they are generally consistent with the construction documents.
OWNER agrees that the contractor is solely responsible for the submissions and for compliance with the construction documents.
OWNER further agrees that the ENGINEER'S review and action in relation to these submissions shall not constitute the provision of
means, methods, techniques, sequencing or procedures of construction or extend or safety programs or precautions. The
ENGINEER'S consideration of a component does not constitute acceptance of the assembled items.
The ENGINEER'S site observation during construction shall be at the times agreed upon in the Project Scope. Through standard,
reasonable means the ENGINEER will become generally familiar with observable completed work. If the ENGINEER observes
completed work that is inconsistent with the construction documents, that information shall be communicated to the contractor
and OWNER for them to address.
Opinion of Probable Construction Costs: ENGINEER'S opinion of probable construction costs represents ENGINEER'S best and
reasonable judgment as a professional engineer. OWNER acknowledges that ENGINEER has no control over construction costs of
contractors methods of determining pricing, or over competitive bidding by contractors, or of market conditions or changes thereto.
ENGINEER cannot and does not guarantee that proposals, bids or actual construction costs will not vary from ENGINEER'S opinion
of probable construction costs.
Copies of Documents & Electronic Compatibility: Copies of Documents that may be relied upon by OWNER are limited to the
printed copies (also known as hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of text, data,
graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or
information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic
media format, ENGINEER makes no representations as to long term compatibility, usability, or readability of documents resulting from
the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at the
beginning of the project.
Changed Conditions: If, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or
known to the ENGINEER are revealed, to the extent that they affect the scope of services, compensation, schedule, allocation of
risks, or other material terms of this Agreement, the ENGINEER may call for renegotiation of appropriate portions of this Agreement.
The ENGINEER shall notify the OWNER of the changed conditions necessitating renegotiation, and the ENGINEER and the OWNER
shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. If terms cannot be
agreed to, the parties agree that either party has the absolute right to terminate this Agreement, in accordance with the termination
provision hereof.
Hazardous Conditions: OWNER represents to ENGINEER that to the best of its knowledge no Hazardous Conditions
(environmental or otherwise) exist on the project site. If a Hazardous Condition is encountered or alleged, ENGINEER shall have the
obligation to notify OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental officials. It is
acknowledged by both parties that ENGINEER's scope of services does not include any services related to a Hazardous Condition.
In the event ENGINEER or any other party encounters a Hazardous Condition, ENGINEER may, at its option and without liability for
consequential or any other damages, suspend performance of services on the portion of the project affected thereby until OWNER:
(i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the
Hazardous Condition; and (ii) warrants that the project site is in full compliance with applicable Laws and Regulations. ENGINEER
agrees to cooperate with the OWNER, as necessary, to remediate a Hazardous Condition, but same may result in additional costs to
the OWNER.
PAGE 1
ENGINEERING ENTERPRISES, INC. ATTACHMENT A - MARCH 2O25
Consequential Damages: Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither
the OWNER nor the ENGINEER, their respective officers, directors, partners, employees, contractors, or subcontractors shall be liable
to the other or shall make any claim for any incidental, indirect, or consequential damages arising out of or connected in any way to
the Project or to this Agreement. This mutual waiver of consequential damages shall inciude, but is not limited to, loss of use, loss of
profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have incurred
from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warranty. Both the
OWNER and the ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named
herein in all contracts and subcontracts with others involved in this project.
Termination: This Agreement may be terminated for convenience, without cause, upon fourteen (14) days written notice of either
party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation as setforth in the Professional
Services Agreement for all costs incurred through the date of termination.
Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days' written notice
for the following reasons:
(a) Substantial failure by the other party to comply with or perform in accordance with the terms of the Agreement
and through no fault of the terminating party;
(b) Assignment of the Agreement or transfer of the project without the prior written consent of the other party;
(c) Suspension of the project or the ENGINEER'S services by the OWNER for a period of greater than ninety (90)
calendar days, consecutive or in the aggregate.
(d) Material changes in the conditions under which this Agreement was entered into, the scope of services or the
nature of the project, and the failure of the parties to reach agreement on the compensation and schedule
adjustments necessitated by such changes.
Payment of Invoices: Invoices are due and payable within 30 days of receipt unless otherwise agreed to in writing.
Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in
favor of a third party against either the OWNER or the ENGINEER. The ENGINEER'S services under this Agreement are being
performed solely and exclusively for the OWNER'S benefit, and no other party or entity shall have any claim against the ENGINEER
because of this Agreement or the performance or nonperformance of services hereunder. The OWNER and ENGINEER agree to
require a similar provision in all contracts with contractors, subcontractors, vendors and other entities involved in this Project to carry
out the intent of this provision.
Force Majeure: Each Party shall be excused from the performance of its obligations under this Agreement to the extent that such
performance is prevented by force majeure (defined below) and the nonperforming party promptly provides notice of such prevention
to the other party. Such excuse shall be continued so long as the condition constituting force majeure continues. The party affected
by such force majeure also shall notify the other party of the anticipated duration of such force majeure, any actions being taken to
avoid or minimize its effect after such occurrence, and shall take reasonable efforts to remove the condition constituting such force
majeure. For purposes of this Agreement, "force majeure" shall include conditions beyond the control of the parties, including an act
of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war
(whether war be declared or not), labor strike or lock -out, civil commotion, epidemic, failure or default of public utilities or common
carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due
and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer.
Additional Terms or Modification: All prior understandings and agreements between the parties are merged into this Agreement,
and this Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by both parties. In the
event that any provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and
binding on the parties.
Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under or interest in this Agreement without
the prior written consent of the other party. Subcontracting normally contemplated by the ENGINEER shaft not be considered an
assignment for purposes of this Agreement.
Waiver: A party's waiver of, or the failure or delay in enforcing any provision of this Agreement shall not constitute a waiver of the
provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement.
Attorney's Fees: In the event of any action or proceeding brought by either party against the other under this Agreement, the
prevailing party shall be entitled to recover from the other all costs and expenses including without limitation the reasonable fees of
its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the Court may adjudge reasonable.
Fiduciary Duty: Nothing in this Agreement is intended to create, nor shall it be construed to create, a fiduciary duty owed to either
party to the other party, EEI makes no warranty, express or implied, as to its professional services rendered.
Headings: The headings used in this Agreement are inserted only as a matter of convenience only, and in no way define, limit,
enlarge, modify, explain or define the text thereof nor affect the construction or interpretation of this Agreement.
PAGE 2
UNITED CITY OF YORKVILLE, IL
2025 LOCAL ROAD PROGRAM
2025 Local Road Program
United City of Yorkville, II_
Professional Services Agreement — Construction Engineering
Attachment B — Scope of Services
Construction Engineering:
• Attend the Pre -Construction Meeting with the Contractor and City Staff
• Provide construction layout for the proposed improvements
• Provide resident engineering for periodic on -site observation
• Daily documentation of work tasks and calculation of installed pay items
• Monitor adherence to specifications.
• Monitor adherence to construction schedule and make recommendations when appropriate.
• Monitor traffic control on a regular basis.
• Gather material inspection and coordinate any required testing on behalf of the City.
• Provide guidance to the contractor when questions arise during construction.
• Prepare/verify pay estimates.
• Gather and review waivers of lien.
• Provide information to residents as required.
• Perform punch list inspections, provide follow up inspections and recommend acceptance
when appropriate
• Communicate activities with City weekly, or as required based on onsite activities.
• Prepare necessary IDOT closeout paperwork
PAGE 1
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STANDARD SCHEDULE OF CHARGES — JANUARY 1, 2024
EMPLOYEE DESIGNATION
CLASSIFICATION
HOURLY RATE
Senior Principal
E-4
$246.00
Principal
E-3
$241.00
Senior Project Manager
E-2
$234.00
Project Manager
E-1
$210.00
Senior Project Engineer/Surveyor II
P-6
$200.00
Senior Project Engineer/Surveyor I
P-5
$186.00
Project Engineer/Surveyor
P-4
$168.00
Senior Engineer/Surveyor
P-3
$155.00
Engineer/Surveyor
P-2
$140.00
Associate Engineer/Surveyor
P-1
$127.00
Senior Project Technician 11
T-6
$175.00
Senior Project Technician I
T-5
$164.00
Project Technician
T-4
$153.00
Senior Technician
T-3
$140.00
Technician
T-2
$127.00
Associate Technician
T-1
$111.00
GIS Technician 11
G-2
$125.00
GIS Technician I
G-1
$114.00
Engineering/Land Surveying Intern
1-1
$ 82.00
Executive Administrative Assistant
A-4
$ 77.00
Administrative Assistant
A-3
$ 72.00
VEHICLES. REPROGRAPHICS, DIRECT COSTS, DRONE AND EXPERT TESTIMONY
Vehicle for Construction Observation $ 20.00
In -House Scanning and Reproduction $0.25/Sq. Ft. (Black & White)
$1.00ISq. Ft. (Color)
Reimbursable Expenses (Direct Costs) Cost
Services by Others (Direct Costs) Cost + 10%
Unmanned Aircraft System 1 Unmanned Aerial Vehicle 1 Drone $ 225.00
Expert Testimony $ 275.00