Resolution 2025-052 Resolution No. 2025-52
A RESOLUTION OF THE UNITED CITY OF YORKVILLE, ILLINOIS APPROVING A
VEGETATION MANAGEMENT CONTRACT WITH ENCAP IN AN AMOUNT NOT
TO EXCEED $42,150
WHEREAS,the United City of Yorkville,Kendall County, Illinois(the "City"),is a duly
organized unit of government of the State of Illinois within the meaning of Article VII, Section
10 of the 1970 Illinois Constitution; and
WHEREAS, the City's Municipal Code provides that the City may approve contracts in
excess of$25,000 that have not been competitively bid by a two-thirds affirmative vote of the City
Council; and
WHEREAS, the City is responsible for the maintenance of certain outdoor public spaces
within the downtown area of the City; and
WHEREAS, in the past, the City contracted with ENCAP, of DeKalb, Illinois for
vegetation management services along the riverfront in the downtown area of the City; and
WHEREAS, City staff have been pleased with the level of service provided by ENCAP
and wish to increase the area that ENCAP would be responsible for managing and maintaining;
and
WHEREAS, ENCAP has provided a quote for vegetation control services along the river
front, at the former FS Property, and on the hillside adjacent to the Van Emmon Activity Center
parking lot, for a three year period, for a total cost of$42,150.00 (the"Quote"); and
WHEREAS, City staff find the terms and prices contained in the Quote to be reasonable;
and
WHEREAS, the Mayor and City Council (the "Corporate Authorities")have determined
that it is in the best interests of the City and its residents to waive the competitive bidding
requirement and to authorize and approve the Quote provided by ENCAP.
NOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. The recitals set forth above are incorporated into this Resolution as if fully
restated herein.
Resolution No.2025-52
Page 1
Section 2. That in consideration of the foregoing recitals, the competitive bidding requirement is
waived in accordance with the City's Code of Ordinances, and the City Administrator is hereby
authorized and directed to proceed with retaining ENCAP, of DeKalb, Illinois, for vegetation
management services for a three year period, in an amount not to exceed $42,150, as described in
the Quote, attached hereto as "Exhibit A".
Section 3. That this Resolution shall be in full force and effect from and after its passage
and approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois
this 22nd day of April, A.D. 2025.
C CLERK
KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING AYE
CHRIS FUNKHOUSER AYE MATT MAREK AYE
SEAVER TARULIS ABSENT RUSTY CORNEILS AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this 2.,3Y4 day offt-Tor I ' , A.D. 2025.
AYOR
Attest:
\e,retiu,J
C{T CLERK
Resolution No.2025-52
Page 2
2585 Ct.
I DeK81b, IL 80110
Phon Phone: WagnerrCt.
500
Fax:815.748.4255
I N C 0 P P 0 www.encapinc.net
PROPOSAL NO. 25-0130B
February 20, 2025
Eric Dhuse
United City of Yorkville
651 Prairie Pointe Dr.
Yorkville, IL 60560
630-878-7102/edhuse@yorkville.il.us
RE: Vegetation Control at the Yorkville Dam
301 E Hydraulic Ave, Yorkville, IL, (41.642471°,-88.443282°)
Mr.Dhuse,
Thank you for the opportunity to provide a proposal for vegetation management services at the Yorkville Dam
site. This proposal includes an initial cleanup of the site in 2025 and subsequent herbicide maintenance visits.
We ask that you please be aware of the new pesticide application regulation published by the IL Department of
Agriculture regarding public notification. If you should have any questions regarding the information provided
herein, please contact Brett Suhayda at 815-757-2472 or bsuhayda@encapinc.net. A map of the proposed
project site is attached for concurrence.
# DESCRIPTION OF WORK UNIT #OF UNITS UNIT COST COST
2025
1 2025-Yorkville Dam- Initial Cleanup LS 1 $6,500.00 $6,500.00
2 2025-Yorkville Dam - Herbicide Treatments EA 3 $1,950.00 $5,850.00
3 2025-Old Foundation Area- Initial Cleanup LS 1 $2,800.00 $2,800.00
4 2025-Old Foundation Area- Herbicide Treatments EA 3 $900.00 $2,700.00
5 2025- Riprap Hill - Herbicide Treatments EA 3 $650.00 $1,950.00
2025 Total $19,800.00
2026
6 2026-Yorkville Dam - Herbicide Treatments EA 3 $2,050.00 $6,150.00
7 2026-Old Foundation Area- Herbicide Treatments EA _ 3 $925.00 $2,775.00
8 2026- Riprap Hill- Herbicide Treatments EA 3 $675.00 $2,025.00
2026 Total $10,950.00
2027 .
9 2027-Yorkville Dam - Herbicide Treatments EA 3 $2,150.00 $6,450.00
10 2027-Old Foundation Area- Herbicide Treatments EA 3 $950.00 $2,850.00
11 2027- Riprap Hill- Herbicide Treatments EA _ 3 $700.00 $2,100.00
2027 Total $11,400.00
3-Year TOTAL $42,150.00
2/20/2025 25-0130B- United City of Yorkville 2
Vegetation Control at the Yorkville Dam
-Pricing is valid for 90 days from the date of this proposal. If this proposal is not approved within 90
days,then ENCAP reserves the right to re-evaluate the costs and schedule availability for this project.
-Proposal does not include prevailing wage rates.
Payment Agreement
United City of Yorkville, (hereinafter "Client") shall be solely liable for the timely payment of all amounts
invoiced under this proposal. Invoices will be tendered by ENCAP, Inc. ("ENCAP") from time to time, but no
more frequently than every two weeks, and shall be due and payable upon receipt. If Client objects to all or any
portion of an invoice, Client shall nevertheless timely pay the undisputed amount of such invoice and promptly
advise ENCAP in writing of the reasons for disputing any amount.
Client shall pay an additional charge of two (2) percent(or the maximum percentage allowed by law, whichever
is lower)of the invoiced amount per month for any payment received by ENCAP more than thirty(30)calendar
days from the date of the invoice, excepting any portion of the invoiced amount in dispute and resolved in favor
of Client. Payments shall first be applied to accrued interest and then to the unpaid principal amount.
If Client fails to pay invoiced amounts within thirty(30) calendar days of the date of the invoice, ENCAP may at
any time, without waiving any other claim against Client and without incurring any liability to Client, suspend or
terminate performance under this Agreement as long as any hazardous conditions created by ENCAP'S
previously performed services are rendered non-hazardous to Clients employee's, agents and subcontractors,
the general public, and the environment. Termination shall not relieve Client of its obligation to pay amounts
incurred up to termination. ENCAP shall be entitled to recover any and all costs of collection associated with
recovery of amounts due under this Payment Agreement, including but not limited to reasonable attorney's
Client will indemnify and hold harmless ENCAP and its representatives, agents, employees, and successors
and assigns from and against any and all claims, suits, actions, losses, penalties, fines, and damages of any
nature whatsoever, and shall pay any reasonable attorney's fees, expert witnesses fees, and ENCAP fees, and
court costs arising or resulting from (1) Client's breach of this Agreement; or (2) Client's negligence or
intentional misconduct.
*All Legal Proceedings to be conducted in DeKalb County*
Client shall accept full responsibility for payment notwithstanding any other agreement with owner or other
party, and in no event will any provision in a contract, agreement, or understanding which conditions Client's
payment to ENCAP upon receipt of the payment from any other party relieve Client from responsibility for
payment to ENCAP.
1
By: ENCAP, Inc. By: United Ci yofiYorkville
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