Resolution 2025-111Resolution No. 2025-111
A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, APPROVING AN AGREEMENT BY AND BETWEEN THE UNITED CITY
OF YORKVILLE AND THE STATE OF ILLINOIS ACTING BY AND THROUGH THE
DEPARTMENT OF TRANSPORTATION
WHEREAS, the United City of Yorkville, Kendall County, Illinois (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 State of Illinois (the "State") and the City, in order to facilitate the free
flow of traffic and ensure safety to the motoring public, are desirous of improving the roadway
pavement of Illinois Route 471 US 30 from Waterpark Way to Jericho Road, hereinafter referred
to as to as the ("Improvement") or the Project; and
WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10, and
the Intergovenunental Cooperation Act, 5 ILCS 220/1 et seq., (collectively, the "Authority")
authorize governmental units to contract or otherwise associate amongst themselves to obtain or
share services and to exercise, combine, or transfer any power or function in any manner not
prohibited by law; and
WHEREAS, the State has requested and the City has agreed to participate in and perform
the design engineering for relocation of the water main associated with the Improvement on
mainline IL Route 471 US Route 30 pursuant to the terms set forth in the Agreement by and
between the City and the State in the form attached hereto, all as hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Resolution No. 2025-111
Page 1
Section 1. The foregoing recitals are incorporated in this Resolution as the findings of the
Corporate Authorities.
Section 2. The Agreement, by and between the State of Illinois, acting by and through its
Department of Transportation and the United City of Yorkville, in the form attached hereto, is
hereby approved and the Mayor and City Clerk are authorized to execute.
Section 3. This Resolution shall be in full force and effect upon its passage and approval
as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
28"' day of October, A.D. 2025.
l.•C.J./i.1vt �.l
ITY CLERK
KEN KOCH
AYE
DAN TRANSIER
AYE
ARDEN JOE PLOCHER
AYE
CRAIG SOLING
AYE
CHRIS FUNKHOUSER
AYE
MATT MAREK
AYE
RUSTY CORNEILS
AYE
RUSTY HYETT
AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this 60i day of 000W , A.D. 2025.
MAYOR
Attest:
t
ITY CLERK
Resolution No. 2025-111
Page 2
IL Route 471 US Route 30
Waterpark Way to Jericho Road
Kendall County
Contract No.: 62M71
Job No.: C-91-396-20
Agreement No.: JN-126-002
PPS No.:1-77727-2401
AGREEMENT
This agreement entered into this f day of October- , A.D., 2025, by and
between the STATE OF ILLINOIS, acting by and through its DEPARTMENT OF
TRANSPORTATION hereinafter called the STATE, and the UNITED CITY OF YORKVILLE, of
the State of Illinois, hereinafter called the CITY.
WITNESSETH:
WHEREAS, the STATE and the CITY, in order to facilitate the free flow of traffic and
ensure safety to the motoring public, are desirous of improving the roadway pavement of Illinois
Route 471 US 30 from Waterpark Way to Jericho Road, hereinafter referred to as the
IMPROVEMENT or the Project; and
WHEREAS, the STATE has agreed to act as the lead agency in performing the Phase II
Engineering, plan preparation, and construction associated with the IMPROVEMENT; and
WHEREAS, the CITY has agreed to participate in and perform the DESIGN
ENGINEERING for relocation of the water main associated with the IMPROVEMENT on
mainline IL Route 471US Route 30; and
WHEREAS, the Agreement is entered into under the authority of the Illinois Constitution
and the Intergovernmental Cooperation Act of this State.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
1. The CITY was heretofore requested by the STATE, and has agreed, to perform the
necessary DESIGN ENGINEERING services for the Project and authorized its treasurer to
accrue reimbursable design engineering costs beginning on 09125/2023. The CITY has
further agreed, however, not to invoice the STATE for any such costs until this Agreement
has been fully executed.
2. In order to perform the DESIGN ENGINEERING services described above, CITY agrees to
retain and pay for a licensed professional engineering firm to perform and implement
whatever DESIGN ENGINEERING services that may be required for relocation of the water
main associated with the IMPROVEMENT, subject to reimbursement by the STATE.
3. The STATE agrees to reimburse the CITY for 100% of all costs associated with the DESIGN
ENGINEERING services for the water main relocation that was outside the existing right-of-
way, and within areas being acquired for the IMPROVEMENT. The CITY's current cost
participation for providing such services is estimated to be Eighty -Two Thousand Dollars
($82,000.00).
4. The STATE further agrees that, upon execution of this Agreement, and receipt of an invoice
from the CITY listing the first and subsequent progress payments made to its consulting
engineer, the STATE will pay the CITY 100% of all STATE approved costs as invoiced,
which shall not exceed Eighty -Two Thousand Dollars ($82,000.00).
5. The construction costs for the physical relocation of the water main associated with the
IMPROVEMENT, whether or not included in the DESIGN ENGINEERING services
performed by CITY's consulting engineer, will be paid for by the STATE and will be included
in the STATE contract 62M71.
6. Obligations of the STATE and the CITY will cease immediately without penalty or further
payment being required if, in any fiscal year, the Illinois General Assembly or Federal
funding source fails to appropriate or otherwise make available funds for this DESIGN
ENGINEERING undertaken by CITY.
-2-
7. This Agreement shall be binding upon and enure to the benefit of the parties hereto, their
respective successors and assigns and incorporates and supersedes all other prior or
contemporaneous agreements, written or oral, between the parties on this subject.
This agreement shall be binding upon and to the benefit of the parties hereto, their
successors and assigns.
,Attest: • C n1, ' +wv ,� ,,�
CITY Clerk U'�-v
J-D r i QDy1tr M-- 0
(Print)
Date: V� bo i J-'5
UNIT CITY OF YORKVILLE
By: -
(Signature
By: John Nrceh
Print or Type
Title: ACC
JJ
Date: L `� o I
Corporate
EA L STATE OF I LLI NOIS
�; ., .•�;�::' DEPARTMENT OF TRANSPORTATION
Gia Biagi
Secretary of Transportation
-3-
By: Jack Elston, P.E. Date
Engineer of Design & Environment
Job Number: C-91-39B-20
Agreement No. JN-126-002
TIN CERTIFICATION
The CITY certifies that:
1. The number shown on this form is the CITY's correct taxpayer identification number (or
the CITY) is waiting for a number to be issued to them), and
2. The CITY is not subject to backup withholding because: (a)the CITY is exempt from
backup withholding, or (b) the CITY has not been notified by the Internal Revenue
Service (IRS) that the CITY is subject to backup withholding as a result of a failure to
report all interest or dividends, or (c) the IRS has notified me that the CITY no longer
subject to back-up withholding , and
3. The CITY's person with signatory authority for this AGREEMENT is a U. S. person
(including a U.S. resident alien)
Taxpayer Identification Number: 36-6006169
Legal Status
Individual
Sole Proprietor
Partnership/Legal Corporation
Tax-exempt
Corporation providing or billing
medical and/or health care services
Corporation NOT providing or billing
medical and/or health care services
Other
ME
X Government
Nonresident Alien
Estate or Trust
Pharmacy (Non Corp.)
— Pharmacy/Funeral home /Cemetery
Limited Liability Company (select
applicable tax classification)
❑ D= Disregarded entity
❑ C= Corporation
❑ P= Partnership