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Public Works Committee Packet 2026 07-21-26
AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday, July 21, 2026 6:00 p.m. East Conference Room #337 651 Prairie Pointe Drive, Yorkville, IL Citizen Comments: Minutes for Correction/Approval: June 16, 2026 New Business: 1. PW 2026-56 Capital Improvement Project Updates 2. PW 2026-57 Quarterly Bond and Letter of Credit Reduction Summary 3. PW 2026-58 Water Meter Replacement Program – Change Order 4. PW 2026-59 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (Kennedy Road Roadway Improvements – Phase II) 5. PW 2026-60 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (Adams and Van Emmon Retaining Wall – Design Engineering) 6. PW 2026-61 Eldamain Water Main Loop – South – Change Order No. 3 – Balancing 7. PW 2026-62 Bluestem Water Main Improvements – Change Order No. 3 – Final Balancing 8. PW 2026-63 East Alley Water Main Improvements – Change Order No. 2 – Final Balancing 9. PW 2026-64 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (Lake Michigan – Water Source Transfer Plan) 10. PW 2026-65 Route 47 Utility Relocation – Illinois Department of Transportation Agreement Old Business: Additional Business: United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us UNITED CITY OF YORKVILLE WORKSHEET PUBLIC WORKS COMMITTEE Tuesday, July 21, 2026 6:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. June 16, 2026 □ Approved __________ □ As presented □ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2026-56 Capital Improvement Project Updates □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2026-57 Quarterly Bond and Letter of Credit Reduction Summary □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2026-58 Water Meter Replacement Program – Change Order □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2026-59 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (Kennedy Road Roadway Improvements – Phase II) □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2026-60 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (Adams and Van Emmon Retaining Wall – Design Engineering) □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2026-61 Eldamain Water Main Loop – South – Change Order No. 3 – Balancing □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2026-62 Bluestem Water Main Improvements – Change Order No. 3 – Final Balancing □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 8. PW 2026-63 East Alley Water Main Improvements – Change Order No. 2 – Final Balancing □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 9. PW 2026-64 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (Lake Michigan – Water Source Transfer Plan) □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 10. PW 2026-65 Route 47 Utility Relocation – Illinois Department of Transportation Agreement □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Economic Development Police Public Works Parks and Recreation Agenda Item Number Minutes Tracking Number Minutes of the Public Works Committee – June 16, 2026 Public Works Committee – July 21, 2026 Majority Committee Approval Minute Taker Name Department DRAFT Page 1 of 3 UNITED CITY OF YORKVILLE PUBLIC WORKS COMMITTEE Tuesday, June 16, 2026, 6:00pm Yorkville City Hall, East Conference Room #337 651 Prairie Pointe Drive, Yorkville, IL IN ATTENDANCE: Committee Members Chairman Craig Soling Alderman Rusty Corneils Alderman Dan Transier Alderman Joe Plocher Other City Officials City Administrator Bart Olson Assistant Public Works Director John Sleezer Engineer Brad Sanderson, EEI Administrative Intern John Burner Other Guests: Dave Hubert, Fox Highlands The meeting was called to order at 6:00pm by Chairman Craig Soling. Citizen Comments: Guest Mr. Dave Hubert said he had attended a previous Public Works meeting and also followed the water study. He said the updated study seems to focus on the last 5 years and 100 million cubic feet of water have been pumped since then and 60 million cubic feet of that was wasted water. He said it seems the more good work intended by replacing infrastructure, the more leaks occur. He sees no conclusion that this is a temporary situation and that it would return to the 10% loss for the 10 years prior to 2021. He said it is negligible to blame the software for the loss of water and that is the problem that needs to be addressed. Previous Meeting Minutes: May 19, 2026 The minutes were approved as presented. New Business: 1. PW 2026-50 Solid Waste RFP Contract Mr. Burner drafted a memo and RFP which is based on what the city did 5 years ago and it resulted in the Groot contract currently in effect. Reductions in costs have occurred as a result of going to RFPs. The issue last contract term was the transition plan and material shortages during Covid and as a result, the city will ask for more information to ensure a smooth transition if haulers are changed. Approval is not needed for an RFP, however, Mr. Olson said they are requesting the committee to concur to go to bid. Bids would be due in September or October and the contract expires in April of 2027. Mr. Burner added the 2 big changes were the transition plan and inclusion of a competency section to safeguard that the next provider can adequately serve the city. This moves to the consent agenda with committee approval. 2. PW 2026-51 Skid Steer Purchase Mr. Sleezer said old equipment was traded in 4 or 5 years ago for a miniature loader. They wish to add a skidsteer back in the fleet for work that cannot be done with the loader and it will help with water main breaks and snowplowing. It is a Sourcewell bid. He said it has tires rather than tracks and the tires are beneficial for roadwork. Alderman Corneils asked if additional attachments would be needed, however, existing ones will fit the machine. This will move to the City Council regular agenda. Page 2 of 3 3. PW 2026-52 Water Main Replacement Project Plan – Engineering Agreement This agreement is with EEI to update a multi-year water plan with IEPA which makes the city eligible for low interest loans for future water projects. This has been beneficial in the past with several million dollars worth of loans as well as the Lake Michigan Water project. The cost is within staff authority to initiate, however, Mr. Olson said staff wants to make Aldermen aware and it is also a cost outside the $25,000 EEI limit. This moves to the consent agenda with committee approval. 4. PW 2026-53 Public Works Fiscal Year 2027 Trucks Purchase and Disposal of Property Mr. Sleezer said these are two 2016, one ton dump trucks that need to be replaced and will be auctioned by a company in Morris. They are on a 10-year replacement schedule. The new trucks will be equipped to plow snow. Alderman Corneils asked if there are alternate vendors. Mr. Sleezer said it is a Sourcewell contract which was budgeted and they have had the best prices. This will move to the City Council agenda 5. PW 2026-54 Water Audit and Non-Revenue Water Reduction Update Engineer Brad Sanderson gave a slide presentation regarding the water audit. He said the following points would be addressed: non revenue reduction plan, dual metric analysis, and general status of allocation. He said the numbers had risen to over 19% non-revenue water loss for “water year” 2024-2025, up from 14%. A large amount of water main was installed in that time, much greater than past years, which takes a large amount of water to flush and refill the mains. There was also an increase in breaks and leaks which are due to pressure and surges which puts stress on old pipes. Mr. Plocher commented that in his work experience where pipes were replaced, pressure in other areas caused water mains to burst due to opening/closing valves. One large water main break was in Wildwood in 2025 due to corroded pipe which all needs to be replaced. Mr. Sanderson showed a map of the water main breaks and IDNR wants any pipe installed before 1980, to be replaced. He gave an example of one industrial meter that was replaced and showed a significant change in water use. It is believed there are other situations like this, as well as in residential. He said an annual leak detection study is done by a 3rd party. He noted Joliet water losses are also not decreasing while they are replacing pipe. A Non-Revenue Water Reduction Plan was prepared for IDNR and it indicated water losses over 10%. Regarding Dual Metric Analysis, there has been discussion of the 10% threshhold and where it originated. There has been a push by AWWA to use different parameters to study water loss and IDNR is engaging in similar discussions with other communities having difficulty getting below the 10%. IDNR will follow up with the city. Mr. Sanderson highlighted the action the city is taking: a water loss team meets regularly to address the concerns, education program, staff has converted unbilled water use to billed use and ordinances have been passed to accomplish this. There is also an monitoring system to account for non-metered water for the fire district for flushing hydrants, construction, etc. Also being done is water meter replacement that should be finished by end of September, billing software has been reviewed and preliminary findings should be available next week, enforcement of illegal water use and 5 miles of water main has been replaced and more is scheduled for after July 4. Staff discussed setting up district metering areas where flow can be monitored in and out of pressure zones to discover possible leaks. This involves software and monitoring. Mr. Sanderson suggested setting up a meeting to pursue this. For the Allocation Permit, IDNR has stated the final water order needs to be submitted in January 2028 before the DWC water connection. Mr. Sanderson answered several committee questions: 1. The city is focused on the highest water users first for meter replacement. 2. The remainder of the water meters needing replacing will need an appointment. 3. When we do this tracking, we are able to cross reference with what we are pumping. Master meters help track at water treatment plant and help find areas of water losses, though not pinpoint them. Page 3 of 3 4. If we form water districts, it would take a couple weeks to set it up. Software must be purchased and we already have pressure zones. 5. Substantial gains in water losses should be seen after all meters are replaced. 6. The lifespan of meters is 10-15 years. 7. Other communities exceed the 10% threshhold, without penalty from DWC. Guest Mr. Hubert asked about the water loss percentages for other towns comparable to Yorkville. 6. PW 2026-55 Mowing and Grass Fines - Discussion Chairman Soling said this item was discussed previously. He would like to see the fines raised and be more stringent. Complaints have been received about both of the Walgreens and their tall grass. Mr. Olson said the mowing fines are minimum $75 and maximum $50,000, set by statute. There are 2 ways to address it-- by a minimum fine for commercial properties or ask the prosecutor to ask for a higher fine. Minimum fines can be different for commercial vs. residential. Mr. Soling asked if there is a better compliance method since Walgreens seems to ignore the issue. Code officials speak with all violators frequently. Mr. Soling said he would like to start with asking for higher fines, however, Mr. Transier said the city cannot instruct the Hearing Officer what fine to assess, but they should be advised of repeat offenders and can order it mowed. Mr. Corneils said he agreed with the initial step of higher fines. Old Business: 1. PW 2026-49 Kennedy Road and Freedom Place Intersection Improvements Mr. Olson said this item was discussed at City Council and Alderman were debating between option 1 to remove 13 trees and improvement cost of $790,000 and the 3rd option to remove 5 trees, improvement cost of $945,000 and install a guard rail—leaving more of the trees in the clear zone. Mr. Sanderson had drafted a memo regarding the engineering design considerations. Alderman Plocher opined that the guard rail is a liability and the trees would not be saved. He would like replacement trees planted elsewhere. Chairman Soling disagreed, saying that 90% of the city is not in compliance. He added he would like to save as many trees as possible and hitting the guard rail would be better than hitting the trees. Mr. Sanderson said a guard rail does not need to be installed, but 5 trees would have to come out. Mr. Soling asked if there is any type of grandfather clause since the trees have been in place much longer than the road. Mr. Sanderson said the intersection improvements are the trigger factor for the rules about the trees. Mr. Olson added that Kramer Tree Specialists did an assessment of the trees. A specialized company who reviewed Kramer's report had concerns because of the tree decay and the roots are intertwined. Intertwined trees can be moved, however, it is very intensive. It would be $200,000 to move 4 trees. Alderman Transier asked if the money for the guard rail would be from Grande Reserve. Mr. Olson said a policy would need to be made and currently there is a tranche of money for improvements from Grande Reserve. Mr. Transier said if the city is not in compliance, they open themselves to litigation, so he favors option 1. Alderman Soling said Mr. Funkhouser is also in favor of the guard rail. Mr. Plocher said he would change his position to move this issue out of committee. This will move forward to City Council on July 14th. Additional Business: Alderman Corneils said motorists ignore the stop sign at Countryside Parkway and Center Parkway to cut through the subdivision and residents have asked for a flashing stop sign. Mr. Sleezer noted they are expensive and unfortunately motorists still don't stop. Alderman Plocher suggested asking the police to monitor which they already have. Mr. Olson noted speed studies have been done and it has not warranted a 4-way stop, so enforcement is a good plan. There was no further business and the meeting adjourned at 7:08pm. Minutes respectfully transcribed by Marlys Young, Minute Taker Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Economic Development Police Public Works Parks and Recreation Agenda Item Number New Business #1 Tracking Number PW 2026-56 Capital Improvement Project Updates Public Works Committee – July 21, 2026 None Informational Status Update Brad Sanderson Engineering Name Department The purpose of this memo is to update the Public Works Committee as to the status of several projects. A summary of the status of the projects is provided below: Construction Projects Well 10 The site / electrical work is continuing. There has been a delay in the grounding equipment, and we are awaiting a final schedule. Well No. 7 Electrical Improvements This work is substantially complete. 2025 Water Main Replacement This work is substantially complete. LM – North Receiving Station Construction has begun. The foundation work is nearly complete. This work will continue into fall 2027. LM – Northwest Elevated Water Storage Tank Construction has begun. Steel erection is continuing. This work will continue into 2027. LM – Bluestem Water Main Improvements This work is substantially complete. LM – South Receiving Station Standpipe Construction has begun. Steel erection is complete. This work will continue into 2027. LM – South Receiving Station Construction has begun. This work will continue into 2027. LM – Rt 126 Water Main Improvements This work is substantially complete, outside of the packaged lift station needed for the receiving station. 2025 Local Road Program This work is substantially complete. Punchlist work should be completed soon. 2025 RTBR This work is substantially complete. Punchlist work should be completed soon. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Jori Contrino, City Clerk Date: July 8, 2026 Subject: Capital Improvement Projects Update 2026 Local Road Program Paving will be completed during the week of 7/6. Sidewalk work and restoration is in progress. 2026 RTBR-MFT This work is expected to begin in August. 2026 Water Main Replacement This contract has been awarded. We are expecting work to begin in July. Planning/Design Projects WIFIA Loan Application We are targeting a closing soon. Rt 47 Water Main Replacement – Water Park Way to Jericho Design engineering is complete. The project will be bid as a part of the Rt 47 work. Rt 47 Water Main Replacement – Kennedy to Water Park Way Design engineering is underway. Rt 47 Water Main Replacement – Caton Farm to Rt 71 Design engineering is underway. E. Hydraulic Improvements (ITEP) – Phase I Design engineering is underway. Kennedy Road Improvements – Phase I Design engineering is underway Bertram Drive Improvements Design engineering is complete. Kennedy / Freedom Place Intersection Improvements Land acquisition is in process. Faxon and Beecher Road Reconstructions The roadways are being redesigned. Land acquisition is in process. Whispering Meadows Storm Sewer Design engineering is underway. Quiet Zones Work is in progress and we are anticipating implementation for the BNSF line later summer/early fall. Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Economic Development Police Public Works Parks and Recreation Agenda Item Number New Business #2 Tracking Number PW 2026-57 Bond/LOC Reduction Summary Through June 30, 2026 Public Works Committee – July 21, 2026 None Informational Brad Sanderson Engineering Name Department Please see the attached reduction summary through June 30, 2026. If you have any questions, please let me know. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Jori Contrino, City Clerk Date: July 8, 2026 Subject: 2026 Bond/LOC Reduction Summary 30-Jun-26 2026 Bond and Letter of Credit Reduction Report Date Development/Project Engineer Concurrence City Administrator Concurrence Mayor Concurrence Reduction Final Release Reduction Value Remaining Balance 2/20/2026 Grande Reserve - Unit 26 X X X 131,137.00$ 589,685.07$ 2/20/2026 Grande Reserve - Unit 27 X X X 479,416.72$ 469,321.20$ 4/7/2026 Costco X X X 1,512,000.50$ 430,048.90$ 4/7/2026 Timber Ridge X X X 103,057.50$ 921,321.30$ 4/28/2026 Grande Reserve - Unit 26 X X X 341,295.42$ 248,389.65$ 4/28/2026 Grande Reserve - Unit 27 X X X 191,432.60$ 277,888.60$ 4/28/2026 Kendall Marketplace Phases 2/3 X X X 103,577.35$ 48,773.85$ 5/22/2026 Grande Reserve - Unit 21 X X X 1,096,026.09$ 394,284.81$ Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Economic Development Police Public Works Parks and Recreation Agenda Item Number New Business #3 Tracking Number PW 2026-58 Water Meter Change Out Program Phase II Change Order Public Works Committee – July 21, 2026 Majority Approval Staff is proposing an increase to the contract of $67,000 to complete the program. Eric Dhuse Public Works Name Department Summary A proposed change order to the meter replacement program that would add $67,000 to the cost of the project. Background The City Council approved a $1,830,389.10 contract with Core and Main in October of 2025 to replace 3,928 water meters as phase II of our overall replacement plan. At that time, staff thought this would complete the replacement of all old meters. Unfortunately, it does not. When we ran the master meter list for replacement, it pulled all meters with “old” meters and “old” readers to create the list. What it did not pull were meters that were replaced but still had old readers, and “old” meters that were not replaced but had new readers. Between completing phase 1, input of all new construction meters, and trying to separate out meters that were new enough that they didn’t need replacement, some meters got missed by MSI and staff when we created the master list. In order to complete this project, staff is requesting the approval of an increase $67,000 to cover the cost of the purchase and installation of 325 additional meters. This would bring the total to $1,897,389.10 for 4,253 meters and outside readers. The need for the additional funds is after we turned in all of the old meters for scrap and put the proceeds back into the project to try and keep the cost from exceeding the budgeted amount. As of July 14th, we had collected $62,480 but are still in need of an additional $67,000 to complete the project. Approving the additional funding will allow the City to complete the meter replacement program without the added costs and inefficiencies of returning at a later date to install the remaining meters. Completing the project now will also allow the City to fully realize the operational benefits of the new metering system. Despite the additional project cost, Finance Director Fredrickson does not believe a budget amendment is needed, as the existing adopted Water Fund budget has sufficient capacity to absorb the additional expense. Recommendation Staff recommends increasing the contract amount by $67,000 from $1,830,389.10 to $1,897,389.10 for the purchase and installation of an additional 325 water meters. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, City Administrator Date: July 14, 2026 Subject: Meter Replacement Project Change Order 6829 Irene Road, Belvidere IL., 61008 Date:July 31, 2025 Village:Yorkville Attn:Jon Bauer Product Quantity Extension 5/8" Sensus iPERL Water Meter 0 $130.00 ea $0.00 3/4"S Sensus iPERL Water Meter 3372 $130.00 ea $438,360.00 3/4" Sensus iPERL Water Meter (9"LL)0 $152.00 ea $0.00 1" Sensus iPERL Water Meter 427 $205.00 ea $87,535.00 3/4"S Sensus Ally Water Meter (7 1/2"LL)0 $425.00 ea $0.00 1" Sensus Ally Water Meter (7 1/2"LL)0 $505.00 ea $0.00 Section Total:3799 $525,895.00 1 1/2" Sensus OMNI R2 Water Meter With Integral Strainer, AMR Output 0 $465.00 ea $0.00 2" Sensus OMNI R2 Water Meter With Integral Strainer, AMR Output 0 $650.00 ea $0.00 Section Total:0 $0.00 1 1/2" Sensus OMNI C2 Water Meter with Integral Strainer, AMR Output Pulse Output and Test Outlet 27 $1,250.00 ea $33,750.00 2" Sensus OMNI C2 Water Meter with Integral Strainer, AMR Output Pulse Output and Test Outlet 77 $1,440.00 ea $110,880.00 3" Sensus OMNI C2 Water Meter with Integral Strainer, AMR Output Pulse Output and Test Outlet 15 $1,825.00 ea $27,375.00 4" Sensus OMNI C2 Water Meter with Integral Strainer, AMR Output Pulse Output and Test Outlet 7 $2,840.00 ea $19,880.00 6" Sensus OMNI C2 Water Meter with Integral Strainer, AMR Output Pulse Output and Test Outlet 3 $4,910.00 ea $14,730.00 Section Total:129 $206,615.00 Labor Installation of 5/8" Meter 0 $170.00 ea $0.00 Installation of 3/4" Meter 3340 $170.00 ea $567,800.00 Installation of 1" Meter 427 $170.00 ea $72,590.00 Installation of 1-1/2" Meter 27 $395.00 ea $10,665.00 Installation of 2" Meter 77 $405.00 ea $31,185.00 Installation of 3" Meter 15 $900.00 ea $13,500.00 Installation of 4" Meter 7 $1,175.00 ea $8,225.00 Installation of 6" Meter 3 $4,200.00 ea $12,600.00 Installation of New Wire 0 $90.00 ea $0.00 Installation of Ground Strap 5/8"-1" 0 $55.00 ea $0.00 Correct Hard Plumbing 0 $265.00 ea $0.00 Smartpoint only (outside sets)0 $125.00 ea $0.00 Installation of 3/4" Ball Valve (includes valve) 0 $250.00 ea $0.00 Installation of 1" Ball valve (includes valve)0 $285.00 ea $0.00 Reprogram Meter and Smartpoint Only (Sensus Professional Services)1 $10,000.00 lump sum $10,000.00 Section Total: $726,565.00 Smartpoints 510M Single Port wired Smartpoints 3928 $130.00 ea $510,640.00 Section Total:3928 $510,640.00 Subject: Yorkville 2026 Phase 2 Quotation for Sensus Meters Unit Price New Water Meters New 1 1/2" - 6" OMNI C2 Water Meters New 1 1/2" - 2" OMNI R2 Water Meters # Internal Use Only Meter Accessories 22 Guage 3-Conductor Meter Wire (500' Spool)3 $60.00 ea $180.00 5/8"-1" Ground Clamps 7598 $4.25 ea $32,291.50 #4 Solid Copper Ground Wire (200' Spool)5 $325.00 ea $1,625.00 TouchPad 0 $8.00 ea $0.00 3/4" Meter Gaskets 6744 $0.12 ea $809.28 1" Meter Gaskets 854 $0.14 ea $119.56 1 1/2" Meter Gaskets 54 $1.25 ea $67.50 2" Meter Gaskets 154 $1.50 ea $231.00 3" Meter Gaskets w/ Bolts & Nuts 30 $15.54 ea $466.20 4" Meter Gaskets w/ Bolts & Nuts 14 $20.51 ea $287.14 6" Meter Gaskets w/ Bolts & nuts 6 $27.82 ea $166.92 A23-NL 5/8"X3/4" to 3/4" Adaptor 0 $20.00 ea $0.00 Section Total:$36,244.10 Annual Sensus Analytics SA/RNI Hosting Fee 6.5K Services Year '26 1 $26,645.00 annual $26,645.00 Annual Sensus Analytics SA/RNI Hosting Fee 9K Services Year '27 0 $32,595.00 annual $0.00 Annual Sensus Analytics SA/RNI Hosting Fee 9K Services Year '28 0 $33,573.00 annual $0.00 Annual Sensus Analytics SA/RNI Hosting Fee 9K Services Year '29 0 $34,580.00 annual $0.00 Section Total:$26,645.00 Annual Infrastructure Maintenance Agreement (Year 2 per M400 TGB)2 $2,200.00 annual $4,400.00 Section Total:$4,400.00 Subtotal: $1,830,389.10 NOTE: * Final project pricing shall be determined by actual meter quantities supplied and installed. * Final Pricing subject to volatile market conditions. * Pricing does not include Payment/Performance Bond. * Installation pricing are for 'Labor Only" to replace meter with same lay length meter. * Additional plumbing/pit set pricing determined case by case basis. * Labor assumes no responsibility on ground wire sizing Prices are good until December 31, 2026. Delivery can be made from stock to within twelve (12) weeks from receipt of your purchase order. Our terms of payment are net thirty (30) days. Sincerely, Steve Cooper Steve Cooper Territory Manager Extended Warranties, Training, Management Fee Sensus Analytics SaaS Integration and Hosting Fees # Internal Use Only Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Economic Development Police Public Works Parks and Recreation Agenda Item Number New Business #4 Tracking Number PW 2026-59 Kennedy Rd. – Emerald Lane to Freedom Place Phase II Design Engineering PSA Public Works Committee – July 21, 2026 Majority Approval Proposed PSA from EEI for the phase II design engineering for Kennedy Rd. Improvements from Emerald Ln. to Freedom Place. Eric Dhuse Public Works Name Department Summary A proposed PSA with EEI for Phase II design services for improvements to Kennedy Rd. from Emerald Lane to Freedom Place. Background Back in 2024 we were awarded a Surface Transportation Program (STP) grant through the Kane Kendall Council of Mayors in the amount of $2,044,350. Phase I engineering agreement was approved by the City Council in November of 2024 and had been completed. The next step is the detailed design work of Phase II engineering. This phase will give us a full set of drawings and specifications that we will use to bid, select a contractor, and construct the project. EEI is proposing a fixed fee contract of $349,985 and direct expenses estimated at $87,301 for a total of $437,286. This work is expected to take place over FY27 and FY28, and we have budgeted accordingly. In the approved FY27 budget, we have $305,000 along with $285,000 shown in the projected FY28 budget. As a reminder, phase I and phase II engineering are not part of the grant, they are paid for 100% by the local agency. Recommendation Staff Recommends approval of this PSA with EEI. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, City Administrator Date: July 10, 2026 Subject: PSA Kennedy Rd Phase II Design Resolution No. 2026-____ Page 1 Resolution No. 2026-_____ 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 realign, reconstruct, widen, and resurface Kennedy Road while adding paved shoulders, new pavement markings, updated signage, and improved intersection lighting (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 Kennedy Resolution No. 2026-____ Page 2 Road Roadway Improvements – Phase II, United City of Yorkville, Professional Services Agreement, 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 ____ day of __________________, A.D. 2026. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ RUSTY CORNEILS _________ RUSTY HYETT _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2026. ______________________________ MAYOR Attest: ___________________________________ City Clerk UNITED CITY OF YORKVILLE KENNEDY ROAD ROADWAY IMPROVEMENTS – PHASE II PAGE 1 Kennedy Road Roadway Improvements – Phase II United City of Yorkville Professional Services Agreement 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 Phase II engineering services to the City as indicated on the Scope of Services (Attachment B). Phase II Engineering for all locations indicated on Attachment D will be provided. Phase III Construction Engineering services are not included and would be provided in a separate agreement. 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 ENGINEER shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to ENGINEER: 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. Phase II Engineering will be paid for as a Fixed Fee (FF) in the amount of $349,985, of which direct expenses are estimated at $87,301. The hourly rates for this project are shown in Attachment F. 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 hereof 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 UNITED CITY OF YORKVILLE KENNEDY ROAD ROADWAY IMPROVEMENTS – PHASE II PAGE 2 attachments hereto) and said changes shall only be effective on and after May 1st of that same year. E. Ownership of Records and Documents: ENGINEER agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. ENGINEER 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 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, ENGINEER agrees to return all such materials to the City. The City agrees not to modify any original documents produced by ENGINEER 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: ENGINEER 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 ENGINEER under this agreement shall be that of an independent contractor. ENGINEER 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 500/50-5(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. UNITED CITY OF YORKVILLE KENNEDY ROAD ROADWAY IMPROVEMENTS – PHASE II PAGE 3 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 500/50-10 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 5/33E 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. 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). UNITED CITY OF YORKVILLE KENNEDY ROAD ROADWAY IMPROVEMENTS – PHASE II PAGE 4 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 City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City 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 (IRC 501(a) only) x Corporation ___ Not for Profit Corporation ___ Trust or Estate ___ Medical and Health Care Services Provider Corp. I. Indemnification: ENGINEER shall indemnify and hold harmless the City and City’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 ENGINEER or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of ENGINEER 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 UNITED CITY OF YORKVILLE KENNEDY ROAD ROADWAY IMPROVEMENTS – PHASE II PAGE 5 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 attachments. Except for those terms included on the attachments, 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 exhibits is as follows: Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Phase II Engineering Attachment C: Estimated Level of Effort and Associated Cost Attachment D: Location Map Attachment E: Anticipated Project Schedule Attachment F: 2026 Standard Schedule of Charges Attachment G: GZA Proposal Attachment H: Mathewson Right of Way Company Proposal UNITED CITY OF YORKVILLE KENNEDY ROAD ROADWAY IMPROVEMENTS – PHASE II PAGE 6 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: For the ENGINEER: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 651 Prairie Pointe Drive Sugar Grove, IL 60554 Yorkville, IL 60560 Either of the parties may designate in writing from time-to-time substitute addresses or persons in connection with required notices. Agreed to this _____day of __________________, 2026. United City of Yorkville: Engineering Enterprises, Inc.: ___________________________ __________________________ John Purcell Brad Sanderson, PE Mayor Chief Operating Officer / President ___________________________ __________________________ Angie Smith Jori &RQWULQR City Clerk Executive Assistant ENGINEERING ENTERPRISES, INC. ATTACHMENT A PAGE 1 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. 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 contractor’s furnishing and performing of its work. The ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for contractor’s 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 contractor’s 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. 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 include, but is not limited to, loss of use, loss of ENGINEERING ENTERPRISES, INC. ATTACHMENT A PAGE 2 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 set forth 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 shall 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. Kennedy Road Roadway Improvements – Phase II Engineering Engineering Agreement Attachment B – Scope of Services Kennedy Road Roadway Improvements – Phase II Surface Transportation Program United City of Yorkville Attachment B – Scope of Services Phase II Engineering The United City of Yorkville requires Phase II Engineering services for the Kennedy Road Roadway Improvements project. This project will be funded through Kane/Kendall Council of Mayors and will utilize federal Surface Transportation Program funding. A location map of the proposed improvements can be found in Attachment D of this proposal. The scope of the project includes the realignment, reconstruction and widening of Kennedy Road from just north of Bristol Ridge Road to south of Freedom Place and the resurfacing of Kennedy Road from Emerald Lane to Bristol Ridge Road. Also included in the project is the addition of paved shoulders, pavement markings, roadway signing and improved lighting at the intersection of Kennedy Road and Bristol Ridge Road. To successfully complete this project, various items will need to be addressed during Phase II engineering. Our proposed scope of services will include the following: 2.1 Project Management, Coordination, Administration and Meetings x Fill out and maintain Project Program Information (PPI) form. x Assist the City with STP Quarterly reports x Project meetings with the City x Project Management x Project Coordination x Project Scheduling 2.1 Plats, Legals and ROW Acquisition (If required) x Plat of Highways x ROW Staking x Legal Descriptions x Coordination with Mathewson Right of Way Company for property acquisition if required 2.1 PESA Validation, Soil Testing and CCDD Coordination x Coordinate soil testing and CCDD Management of soils. x Perform soil sampling, testing and CCDD (GZA) x LPC-662 and LPC-663 Forms (GZA) 2.1 Utility and IDOT Coordination/Meetings x IDOT District One Phase II Kick-Off meeting x IDOT Coordination x Draft and submit proprietary items letter to IDOT x Coordination with all utilities during Phase II Engineering. x Utility Coordination meetings (2 meetings) x Fill out required forms and applications to obtain atlases from the utilities. x Obtain, review and inventory existing utility information to identify potential conflicts. x Submit Pre-Final and Final Plans to all utilities. Kennedy Road Roadway Improvements – Phase II Engineering Engineering Agreement Attachment B – Scope of Services 2.1 Permitting x Notice of Intent (NOI) x Stormwater Pollution Prevention Plan (SWPPP) x Aquatic Resources Delineation and Report Update, If Required x Jurisdictional Determination x USACE Chicago District Section 404 Permitting, If Required x SWCD Coordination, If Required x Kendall County Permitting, If Required 2.1 Prefinal Plans, Specifications and Estimates x Coordinate with City Staff regarding the final scope of improvements x Develop prefinal plans including the following: o Title Sheet o General Notes o Summary of Quantities o Removal Plans o Existing and Proposed Typical Sections o Alignment, Ties and Benchmarks o Plan and Profile (1"=20') o Traffic Control Typical Sections o Suggested Construction Staging Plans o Erosion and Sediment Control Plan (1"=20') o Drainage and Utilities Plan and Profiles (1"=20') o Pavement Marking, Signing, Lighting & Landscaping Plan (1"=20') o ADA Details o RRFB Details o Accessible Pedestrian Signal (APS) Details for RRFB o Project Details o City Details o IDOT District Three Details o Cross-sections (@ 50 ft stations and driveways, 1"=10' horizontal, 1"=5' vertical) x Prepare bid package, and ancillary documents, including: o Index for Supplemental Specifications and Recurring Special Provisions o Check Sheet for Recurring Special Provisions o Bureau of Design and Environment Special Provisions/Check sheets x Special Provisions in IDOT format o Project specific special provisions o Local Roads Special Provisions o District Three Special Provisions o City of Yorkville Provisions & Details o Status of Utilities x Calculate Quantities and prepare prefinal Cost Estimate o Quantities to be organized by funding source (if necessary) o BDE 213 – Estimate of Cost o Lump Sum Items Cost Breakdown x Prepare BDE220A – Estimate of Time Required x Proprietary Item Letter and Catelog Cut Submittal to IDOT x Perform QC/QA review of prefinal plans, documents and cost estimate Kennedy Road Roadway Improvements – Phase II Engineering Engineering Agreement Attachment B – Scope of Services x Submit prefinal plans, estimate of cost, estimate of time and special provisions to United City of Yorkville and IDOT for review. x Submit prefinal plans to the utility companies 2.1 Initial Final Plans, Specifications and Estimates x Update plans based on comments received on prefinal plans x Prepare and provide disposition of prefinal comments to IDOT. x Update summary of quantities, estimate of cost and estimate of time for initial final submittal. x Update special provisions for initial final submittal. x Lump Sum Items Cost Breakdown x Perform QC/QA review of initial final plans, documents and cost estimate x Submit initial final plans, estimate of cost, estimate of time and special provisions to United City of Yorkville and IDOT. x Submit initial final plans to the utility companies 2.1 Final Plans, Specifications and Estimates x Update plans based on comments received on initial final plans x Prepare and provide disposition of initial final comments to IDOT. x Update summary of quantities, estimate of cost and estimate of time for final submittal. x Lump Sum Items Cost Breakdown x Update special provisions for final submittal. x Perform QC/QA review of final plans, documents and cost estimate x Submit final plans, estimate of cost, estimate of time and special provisions to United City of Yorkville, and IDOT. x Submit final plans to the utility companies x Answering contractor’s questions during bidding. Items not included in the scope: x Design services by a landscape architect. Only basic landscaping will be provided. x IDOT Traffic Management Plan x Any special aesthetic features or treatments. x Roadway lighting design, only improved lighting at the intersection of Kennedy Road and Bristol Ridge Road will be provided. x Phase III Construction Engineering x Bidding, Letting and Contracting. To be performed by IDOT. The following program guidelines for the Kennedy Road Roadway Improvements will be employed to ensure the best possible end result for the City: x Employ Quality Control/Quality Assurance procedures and implement and monitor the procedures for the duration of the project. x Communicate with all parties relative to the status of the project through meetings, correspondence, and telephone conversations. x Provide the required coordination between the City and other regulatory agencies. x Provide early identification of issues or potential problem areas related to technical scheduling or budgetary goals. ATTACHMENT C: ESTIMATED LEVEL OF EFFORT AND ASSOCIATED COSTPROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBERUnited City of YorkvilleYO2631-PPROJECT TITLEDATE PREPARED BYKennedy Road Roadway Improvements - Phase II7/8/26ADMINROLE PIC SPM SPE 2 PE SPM PM SPT 2 PS SPT 2 SPT 1 ADMRATE$268$254$218$184$254$228$191$184$191$179$79PHASE II DESIGN ENGINEERING2.1 Project Management, Coordination, Administration and Meetings 2 86 20 2 4 114 26,734$ 2.2 Plats, Legals and ROW Acquisition 8 4 10 99 18 18 2 159 34,788$ 2.3 PESA Validation, Soil Testing and CCDD Coordination 16 16 4 8 44 9,204$ 2.4 Utility and IDOT Coordination/Meetings 16 16 40 4 8 4 88 17,424$ 2.5 Permitting2 16 40 4 16 2 80 15,746$ 2.6 Prefinal Plans, Specifications and Estimates 2 64 40 420 40 160 726 139,072$ 2.7 Initial Final Plans, Specifications and Estimates 2 8 44 4 16 74 14,292$ 2.8 Final Plans, Specifications and Estimates 2 16 2 8 2 30 5,424$ Task Subtotal: 8 216 56 600 10 99 18 18 58 218 14 1,315 262,684$ 8 216 56 600 10 99 18 18 58 218 14 1,315 262,684 DIRECT EXPENSESPrinting/Scanning = 200$ Title Commitments = 2,400$ Mathewson (Land Acq) = 36,000$ GZA (CCDD, Permits) =48,701$ DIRECT EXPENSES = 87,301$ LABOR SUMMARYEEI Engin. Expenses = 179,616$ EEI Survey Expenses = 31,862$ EEI CAD Expenses = 50,100$ EEI Admin. Expenses = 1,106$ TOTAL LABOR EXPENSES262,684$ TOTAL COSTS 349,985$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.comTASK NO.TASK DESCRIPTIONHOURSPROJECT TOTAL:ENGINEERING SURVEYINGJWCCOSTCAD DRAFTING ()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()- ()-()-()-()-()-()-()-()-()-(())-(())-(())-(())-()-()-(()-)-KENNEDYGRANDE BRIST OL RI D GERICKARDROUTE 34MCLELLAN OAKALDENCANNONBALLMATLOCKJETERBERRYWOOD LILA COLD GLORYLEWISJUSTICELILLI A NSUNSET PLUMROODHUNTCRYDERSEELEYEME R AL D SLATEEDYTHEROYAL OAKSANNA MARIABURRCROSSCHARLESRUBYSQUIREAMERICAN SOUTHLEHMAN NORTHCRANSTONELLSWORTH HENNINGDIVISIONCONSTITUTION HOBBSFREEDOMGROVEPARKWAYLYNCLIFFAMOS VIOLETLYMANREHBEH N PRIVATE DRIVE LAKEVIEWDAVIDPATRIOTBRISTOLGRANDE TRAILPRIVATE DRIVE DIVISIONPRIVAT E D RI V E PRIVATE DRIV E Engineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700ATTACHMENT DKENNEDY ROAD ROADWAYIMPROVEMENTS - PHASE 2LOCATION MAPwww.eeiweb.comDATEDATE:PROJECT NO.:FILE:PATH:BY:JUNE 2026YO2631YO2631 Kennedy RDH:\GIS\PUBLIC\YORKVILLE\2026\MJTNO.REVISIONSoUnited City of Yorkville651 Prairie Pointe DriveYorkville, IL 60560www.yorkville.il.us1,400 0700 FeetLegendProject LimitsExisting Right-Of-WaysREALIGNMENT &RECONSTRUCTION &WIDENINGRESURFACING ANDADA IMPROVEMENTS ATTACHMENT E: ANTICIPATED PROJECT SCHEDULECLIENT PROJECT NUMBERUnited City of YorkvilleYO2631-PPROJECT TITLEDATE PREPARED BYKennedy Road Roadway Improvements - Phase IIJWC2028AUGSEPTOCTNOVDECJANFEBMARAPRILMAYJUNEJULYAUGSEPTOCTNOVDECJANPHASE II DESIGN ENGINEERING2.1Project Management, Coordination, Administration and Meetings2.2Additional Topographic Survey, Field Inspection and Data Collection2.3PESA Validation, PSI and CCDD Coordination2.4Utility and IDOT Coordination2.5Kendall County Permitting2.6Prefinal Plans, Specifications and Estimates2.7Initial Final Plans, Specifications and Estimates2.8Final Plans, Specifications and Estimates 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.comTASK NO.TASK DESCRIPTION7/8/262026 2027 EEEENNNNNGGGGGIIINNNNNEEEEEEEERRRRRIIINNNNNGGGGG EEEEENNNNNTTTTTEEEERRRRRPPPPPRRRRRIIIISSSSSEEEESSSSS,,,,, IIIINNNNNCCCCC..... 5252525252 WWWWWheheheheheeleleleleererererer RRRRRoaoaoaoaoad,d,d,d,d,SSSSSugugugugugararararar GGGGGrororororoveveveveve,,,,,ILILILL 6666605050505055454545454 PhPhPhPhPh:::::63636363630.0.0.0.0.46464646466.6.6.6.6.67676767670000000000 •••••FxFxFxFxFx:::::63636363630.0.0.0.0 46464646466.6.6.6.6.67676767670101010101 wwwwwwwwwww.w.w.w.w.eeeeeeeeeeiwiwiwiwiwebebebebeb.c.c.c.c.comomomomom OOOOOUUUUUTTTSSSSSTTTTTAAAAANNNNNDDDDDINNNNNGGGGG SSSSSEEEEERRRRRVVVVVIIIIICCCCCEEEEE ••••• EEEEEVVVVVEEEERRRRRYYYYY CCCCCLLLLIIIIEEEENNNNNTTT ••••• EEEEEVVVVVEEEERRRRRYYYYY DDDDDAAAAAYYYYY EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $268.00 Principal E-3 $262.00 Senior Project Manager E-2 $254.00 Project Manager E-1 $228.00 Senior Project Engineer/Surveyor II P-6 $218.00 Senior Project Engineer/Surveyor I P-5 $203.00 Project Engineer/Surveyor P-4 $184.00 Senior Engineer/Surveyor P-3 $169.00 Engineer/Surveyor P-2 $153.00 Associate Engineer/Surveyor P-1 $139.00 Senior Project Technician II T-6 $191.00 Senior Project Technician I T-5 $179.00 Project Technician T-4 $167.00 Senior Technician T-3 $153.00 Technician T-2 $138.00 Associate Technician T-1 $120.00 Engineering/Land Surveying Intern I-1 $ 89.00 Director of Marketing and Business Development M-4 $141.00 Marketing Coordinator M-2 $105.00 Executive Administrative Assistant A-4 $ 84.00 Administrative Assistant A-3 $ 79.00 VEHICLES. DRONE, EXPERT TESTIMONY, REPROGRAPHICS AND DIRECT COSTS* Vehicle for Construction Observation $ 20.00 ^ Unmanned Aircraft System / Unmanned Aerial Vehicle / Drone $245.00 Expert Testimony $300.00 In-House Scanning and Reproduction $0.25/Sq. Ft. (Black & White) $1.00/Sq. Ft. (Color) Reimbursable Expenses (Direct Costs) Cost Services by Others (Direct Costs) Cost + 10% *unless specified otherwise in agreement ^ per day charges capped at the current IDOT daily rate STANDARD SCHEDULE OF CHARGES ~ JANUARY 1, 2026 Attachment F An Equal Opportunity Employer M/F/V/H July 1, 2026 Via Email: JCwynar@eeiweb.com Mr. Joseph W. Cwynar, P.E. Senior Project Manager Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 Re: Phase II Environmental Services – Kennedy Road Roadway Improvements Yorkville, Kendall County, Illinois Proposal No.: 81.P013035.27 Dear Mr. Cwynar: GZA Illinois, Inc., (GZA) is pleased to submit this proposal to Engineering Enterprises, Inc. (EEI or Client) for Phase II environmental services for the proposed improvements along Kennedy Road in the City of Yorkville, Kendall County, Illinois (City). We understand the project involves reconstruction along Kennedy Road with project limits extending from Freedom Place to Emerald Lane (approximately 1.25 miles). Specifically, Client has requested environmental services including completion of an aquatic resources delineation update (if required), aquatic resources permitting coordination, and completion of LPC-663 Form documentation for consideration of acceptance of clean spoils at a Clean Construction or Demolition Debris (CCDD) or Uncontaminated Soil Fill Operation (USFO) facility. This proposal presents our project approach, the scope of services, cost, and schedule for completing the project. This proposal presents our: Project Understanding; Scope of Services; Level of Effort, Cost, and Schedule; and Proposal Acceptance. Terms and Conditions are included as an attachment. 1. INTRODUCTION The Phase I wetland delineation has not been completed therefore, we understand based on a cursory desktop review completed for the project location, as well as a review of the National Wetlands Inventory (NWI) Map and current aerial imagery, wetlands and constructed stormwater features are likely present within and/or immediately adjacent to the project limits. In preparing this proposal, GZA has made the following assumptions and comments: x The City has received STP-L federal Funding for this project through Kane Kendall Council of Mayors (KKCOM) in the fiscal year 2028 and we understood that the Phase I activities followed IDOT protocols; x Phase II services requested herein are not anticipated to be paid utilizing state funds and therefore we understand IDOT-style invoicing is not necessary; x Since this project will be processed through the IDOT Local Roads, biological and cultural clearances will be made available through the IDOT Environmental Survey Request (ESR) process. The submittal of an Environmental Survey Request through IDOT is not included in this scope of services. Any updates to previously obtained cultural and biological clearances will be obtained through IDOT and the Client. Clearances will be required for obtaining Section 404 permit; Attachment G July 1, 2026 81.P013035.27 Phase II Environmental Services (Special Waste and Wetlands) Kennedy Road Improvements – Yorkville, Kendall County, Illinois Page | 2 P:\81\FY2027\P013 - Transportation\EEI\Yorkville\Kennedy Rd Ph II\81.P013035.27 EEI Yorkville Kennedy Ph II_Rev 07012026.docx x EEI requested completion of LPC-663 Form documentation in Phase II in lieu of completing a Preliminary Site Investigation (PSI) following completion of the Preliminary Environmental Site Assessment (PESA). x Soil sampling is currently proposed via hand auger methodology anticipating maximum depth of improvements of five (5) feet below ground surface (bgs), if deeper sampling is necessary, this scope will require revisions to include drilling and traffic control services. Hand auger sampling can only be completed in frost-free conditions. x The project limits are estimated based on Client provided Figure (Attachment D – Kennedy Road Roadway Improvements – Phase II Location Map) received via email on June 25, 2026; x The scope of the project includes roadway realignment, reconstruction, and widening, addition of shoulders, roadway signing, and the analysis of other safety measures deemed necessary to lessen accidents occurring on the curves due to sight distance and other factors and from Bristol to Emerald includes resurfacing and ADA improvements; x During Phase I (separate agreement), GZA will complete field delineation of wetlands, surface waters/waterways, and constructed stormwater features within the project limits, and will estimate wetland and surface waters/waterway boundaries 100 feet beyond the project limits with access to all areas within the project limits, as well as 100 feet beyond the project limits, to conduct field assessments provided by Client; and x For this Phase II scope, GZA will obtain a jurisdictional determination (JD), complete aquatic resources permitting, and mitigation coordination, as necessary. 2. SCOPE OF SERVICES Task 1 – LPC-663 Form CCDD Documentation (in lieu of a PSI) Since the construction project will generate spoils that may require consideration of offsite final disposition, completing soil characterization with LPC-Form documentation to identify eligibility of spoils for potential CCDD facility acceptance is recommended to include assessment associated with recognized environmental conditions (RECs) and/or as potentially impacted properties (PIPs) that may be identified in the PESA to be completed in Phase I. Soil borings will be advanced via hand auger and soil samples collected for laboratory analysis to address sites identified as RECs/PIPs if applicable and also for full project coverage of non-REC/PIP for soil disposal considerations, specifically at locations identified for proposed excavation. The depths of the soil borings will be dependent upon design details to account for depths of proposed disturbance, currently anticipated to be maximum depth of five (5) feet below bgs. If proposed improvements significantly exceed this estimated maximum depth of improvements, inclusion of drilling and traffic control services may be warranted. A. Soil Borings and Soil Sampling It is anticipated that up to two (2) days of field effort will be required with up to twenty-four (24) soil borings completed by hand auger for the following areas: x Bristol Rd to Emerald Ln (resurfacing & ADA Improvements), up to eight (8) soil borings with approximately 900- foot spacing; and x Freedom Pl to Bristol Rd (realignment, reconstruction & widening), up to sixteen (16) soil borings with approximately 500-foot spacing and staggered on opposite sides of Kennedy Rd. Currently it is estimated that borings will be advanced along the project corridor to a maximum depth of five (5) feet bgs and one (1) sample from each soil boring will include laboratory analysis. July 1, 2026 81.P013035.27 Phase II Environmental Services (Special Waste and Wetlands) Kennedy Road Improvements – Yorkville, Kendall County, Illinois Page | 3 P:\81\FY2027\P013 - Transportation\EEI\Yorkville\Kennedy Rd Ph II\81.P013035.27 EEI Yorkville Kennedy Ph II_Rev 07012026.docx B. Analytical We anticipate the project to require LPC-663 Form documentation and have included costs before for analysis approach for the potential contaminants of concern (COCs) consistent with IDOT protocol, which include: x 22 Total metals (Target Analyte List (TAL) minus Aluminum) x SPLP/TCLP Metals (8 RCRA and Be, Co, Cu, Fe, Mn, Ni, and Zn) x Volatile organic compounds (VOCs) x Semi-volatile organic compounds (SVOCs) x Soil pH x Herbicides and Pesticides (non-IDOT list item, up to 3 samples) C. CCDD (LPC-Form) Documentation The soil sample results will be compared to the Maximum Allowable Concentrations (MACs) associated with CCDD facility acceptance, including the soil pH range of 6.25 to 9.0. If results achieve the MAC values, GZA will prepare the LPC-663 document that will be signed/stamped by the GZA. Any locations that do not achieve the MACs (including soil pH range) will be identified as exclusion zones, not acceptable for CCDD facility disposal. If requested, GZA can coordinate with up to three (3) CCDD facilities to review the LPC-Form documentation and if acceptable, provide a pre-authorization of acceptance letter for inclusion with the bid documents. Task 2 – Aquatic Resources Delineation and Report Update, If Required GZA understands that wetlands and constructed stormwater features may be located within and/or adjacent to the project limits. At this time, GZA has not completed the field delineation for the proposed project as scoped to complete as part of our Phase I contract. However, if required, GZA will conduct an aquatic resources delineation update for the proposed project, based on the timing of the project, as well as the timing of the Phase I delineation, which is anticipated to be conducted for the proposed project by GZA during the 2026 growing season (before approximately October 15, 2026), or if the limits of the project have changed since the Phase I delineation. GZA will complete a delineation update within the designated Phase II project limits in accordance with: x The USACE Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region (Version 2.0), (Supplemental Wetland Manual); x The USACE National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams, Final Version. x The March 14, 2026, edition of the USACE Chicago District, Nationwide Permit (NWP) Program; x The March 4, 2022, edition of the USACE Chicago District, Regional Permit 38 (Fill Material Placed in Waters of the U.S. for Linear Transportation Crossings in the State of Illinois); and x The May 13, 2025, edition of the Kendall County Stormwater Management Ordinance (KCSMO), which the City of Yorkville has adopted for stormwater management, floodplain regulation, and drainage requirements within Yorkville’s municipal limits and for all areas within the project limits located within Unincorporated, Kendall County. Off-site Record/Document Review The assessment includes an off-site records and document review, followed by a field delineation to identify formal aquatic resources (wetland, waterway/surface waters, and constructed stormwater features) boundaries. The following records/documents will be reviewed prior to conducting the field investigation, as required by the Chicago District USACE for delineations completed within the Chicago District. Soils information will be reviewed to determine the soil types encountered during the delineation procedures. x Current and Historical Aerial Photographs; x U.S. Geological Survey (USGS) Topographic Maps; July 1, 2026 81.P013035.27 Phase II Environmental Services (Special Waste and Wetlands) Kennedy Road Improvements – Yorkville, Kendall County, Illinois Page | 4 P:\81\FY2027\P013 - Transportation\EEI\Yorkville\Kennedy Rd Ph II\81.P013035.27 EEI Yorkville Kennedy Ph II_Rev 07012026.docx x Natural Resources Conservation Service (NRCS), Soil Survey of Kendall County; x Hydric Soils of the United States; x U.S. Fish and Wildlife Service (USFWS), National Wetlands Inventory (NWI) Maps; x Federal Emergency Management Agency (FEMA), Flood Insurance Rate Maps (FIRM); x USGS Hydrologic Atlases; x USGS Stream Stats, if applicable; x Illinois Environmental Protection Agency (IEPA) Illinois Integrated Water Quality Report and Section 303(d) List; x Illinois Department of Natural Resources (IDNR) Biological Stream Characterization (BSC) Study Report and Data; x Illinois Coastal Zone Management Areas; x U.S. Drought Monitor and other climate data; x U.S. Fish and Wildlife Service (USFWS) federally endangered rusty patched bumblebee (Bombus affinis) High and Low Potential Zone data; and x U.S. Fish and Wildlife Service (USFWS) federally endangered Hine’s emerald dragonfly (Somatochlora hineana) critical habitat unit data; and x Kendall County Wetland Maps. Actively farmed agricultural land is present within the project limits. Therefore, a farmed wetland determination (FWD) update will be required and is included within this scope of services. On-Site Investigation (Field Inventory) GZA proposes conducting on-site investigations of all potential aquatic resources (wetland, waterway/surface waters, and constructed stormwater features) within and immediately adjacent to the project limits. Proposed services include the identification and delineation of wetlands and the determination of “High Quality” aquatic resources as defined by the USACE. The KCSMO does not define high quality aquatic resources. Wetland delineation field investigation activities include on-site testing for the presence of hydric soils, hydrophytic vegetation, and sufficient hydrology. A floristic quality assessment (FQA) will be conducted for identified wetlands. Functions of wetlands based on field observations will also be evaluated during the on-site investigation. Surface waters/waterways field investigation activities include on-site analyses to determine the Ordinary High Water Mark (OHWM) and document characteristics of the surface waters/waterway, as required by the USACE. During the field investigation, constructed stormwater features, such as roadside drainageways, retention ponds, and detention ponds, will also be delineated. GZA will also estimate aquatic resources boundaries present within 100 feet of the project limits. This is necessary to determine buffer boundaries that may extend into the project limits. The wetland and surface waters perimeters within the project limits will be surveyed by GZA using a Global Positioning System (GPS) unit. Field delineations will be completed within the designated growing season for Kendall County, which is between April 13th and October 20th. Delineations conducted outside the April 13th and October 20th timeframe may be considered preliminary and insufficient for permitting purposes. If the delineation is completed outside of the appropriate timeframe, additional field visits will be required, which are not included in this scope. Aquatic Resources Report Update Upon completion of the field delineation, an updated Aquatic Resources Delineation Report will be prepared summarizing the findings of the off-site record/document review and the on-site investigation. This report will be submitted to the Client as a PDF only. The Shapefiles of the aquatic resources boundaries as surveyed in the field will also be provided to the Client via email. Specific items to be included in the report are as follows: x Map showing the location, limits, and wetland boundaries within the project limits; x Aerial photography depicting the appropriate limits of the delineated aquatic resources; x USACE data sheets with FQAs, as required; July 1, 2026 81.P013035.27 Phase II Environmental Services (Special Waste and Wetlands) Kennedy Road Improvements – Yorkville, Kendall County, Illinois Page | 5 P:\81\FY2027\P013 - Transportation\EEI\Yorkville\Kennedy Rd Ph II\81.P013035.27 EEI Yorkville Kennedy Ph II_Rev 07012026.docx x Color photos of the wetlands and the data points; and x Written description of wetland functional classification. The aquatic resources boundary map will be derived from the GPS survey of these features. Shapefiles for the surveyed areas will be provided to the Client digitally. The wetland, waterway, and constructed stormwater feature layers will be separated for use by the Client for the construction drawings. Task 3 – Jurisdictional Determination A Jurisdictional Determination (JD) may be required to determine if the on-site aquatic resources are under the jurisdiction of the USACE for future permitting purposes. The Chicago District USACE is currently only processing JD requests when they accompany the formal submittal of a Section 404 permit application. Therefore, GZA will submit a JD request to the USACE Chicago District for this project, if required, concurrently with the submittal of any required Section 404 permit applications (see Task 4). Task 4 – USACE Chicago District Section 404 Permitting, If Required Assistance with Section 404 USACE permitting is included within this scope of services, if required, as it is our understanding that aquatic resources may be present within the project limits, which could potentially be under USACE jurisdiction. It is anticipated that if impacts are proposed to USACE jurisdictional aquatic resources, the proposed activities will be completed under Nationwide Permit (NWP) 3 (Maintenance Activities) or NWP 14 (Linear Transportation Projects), which require a formal Preconstruction Notification (PCN). Permitting aquatic resources impacts under the NWP Program is included in the scope of services. GZA will complete and submit the PCN form and compile supporting materials to obtain USACE Chicago District authorizations for impacts to jurisdictional aquatic resources. The PCN form will be submitted by GZA to the USACE Chicago District electronically and paper copies will not be provided. This task includes one initial submittal and two re-submittals of permitting information, if necessary. The USACE NWP Program is intended to simplify and expedite specific types of projects. Most NWPs have automatic Section 401 Water Quality Certification (WQC) from the Illinois Environmental Protection Agency (IEPA). If threatened or endangered species are identified within the project limits per the IDOT biological review completed for the project, a separate WQC and additional surveys and permitting may be required. At this time, surveys for the presence of threatened or endangered species are not anticipated and preparing a separate WQC submittal or permits for impacts to threatened and endangered species is not included within this scope of services. If permanent impacts to USACE jurisdictional aquatic resources exceed 0.5 acre, the project will not qualify for a NWP. A Regional (Regional Permit 38, RP [Fill Material Placed in Waters of the U.S. for Linear Transportation Crossings in the State of Illinois]) or an Individual Permit (IP) would be required if the project does not qualify for a NWP. Impacts must also not cause the loss of more than 300 linear feet of jurisdictional stream bed to qualify for a NWP. The permanent impact to jurisdictional aquatic resources caused by the NWP activity cannot exceed 0.5 acre. This task assumes the project will meet the criteria for the NWP or RP Program. If the project does not qualify for an NWP or Regional Permit 38 an IP will likely be required. IPs require a public notice period as well as a separate WQC from IEPA. The IP process can take significantly more time than the NWP and RP process and may require a Section 401 Anti- degradation Assessment. This proposal does not include permitting assistance for an IP. Task 4 includes attending one virtual pre-application meeting with the USACE Chicago District as well as preparing an agenda and associated meeting minutes, if needed. July 1, 2026 81.P013035.27 Phase II Environmental Services (Special Waste and Wetlands) Kennedy Road Improvements – Yorkville, Kendall County, Illinois Page | 6 P:\81\FY2027\P013 - Transportation\EEI\Yorkville\Kennedy Rd Ph II\81.P013035.27 EEI Yorkville Kennedy Ph II_Rev 07012026.docx The permitting process through the USACE Chicago District for USACE jurisdictional aquatic resources is initiated by the submittal of the Joint Application or PCN form for Section 404 Permit. During the USACE review process, the USACE may coordinate with the following agencies: x U.S. Fish and Wildlife Service (USFWS); x Illinois Environmental Protection Agency (IEPA, 401 Water Quality Certification); x Illinois Department of Natural Resources (IDNR); x Illinois Department of Natural Resources/Office of Water Resources (IDNR/OWR); and x Illinois Department of Natural Resources/State Historic Preservation Office (SHPO). Threatened and Endangered Species and Historic/Cultural clearances obtained via the IDOT ESR submittal process will be used for permitting. This task includes addressing comments received from the USACE on the permit submittal. This scope assumes mitigation for impacts to wetlands will be accomplished via purchasing credits at a mitigation bank. This task includes time for coordination to assist with finding mitigation bank credits for the project. This scope does not include mitigation design or development of onsite mitigation concepts. If purchasing bank credits is determined to not be a viable mitigation option and design or other mitigation services be needed, GZA will prepare a supplemental scope for this effort. Task 5 – SWCD Coordination, If Required Permit conditions may require additional best management practices to be implemented during construction. The USACE requires soil erosion and sediment control (SESC) signoff as part of its permit program. GZA will collaborate with the Client to prepare the required submittal to the Kendall County Soil and Water Conservation District (SWCD) for their review of the SESC plans for the project as required by the Chicago District of the USACE as part of Section 404 permitting. This task includes preparing the permit review submittal to the Kendall County SWCD for SESC approvals, if required as part of the Section 404 permit. This task includes one initial submittal and one re-submittal of information to the SWCD, if necessary. This task does not include permitting fees, inspection fees, non-compliance fees, or re-submittal fees. This task assumes all review fees and other associated fees will be the responsibility of the Client and assumes that the Client will prepare the SESC plan set. Task 6 – Kendall County Permitting, If Required This task is included in the event that Kendall County permitting will be conducted by the consultant team. GZA will assist Client with obtaining KCSMO permits, if required. The KCSMO requires permits for impacts related to stormwater, floodplains, and isolated wetlands. GZA will collaborate with Client to obtain the wetland authorizations through the County and assist with coordination for obtaining mitigation credits for isolated wetlands, if required. The Client will prepare the remaining portions of the stormwater permit application. Kendall County requires submittal fees for wetland permitting. Because these fees may vary, they are not included in this scope of work. Any permitting fees that are incurred will be paid by the Client. This task assumes that the Client will complete the official permit submittals. This scope includes preparing the wetland portion of the permit application submittal to Kendall County and two additional submittals to address comments, as needed. Task 7 – Project Administration and Safety Time under this task includes project administration and management activities that include cost and schedule tracking, coordination with Client on authorized activities, memo production, and other in-house management activities. This task includes preparing a Health and Safety Plan as appropriate for the project and tasks. July 1, 2026 81.P013035.27 Phase II Environmental Services (Special Waste and Wetlands) Kennedy Road Improvements – Yorkville, Kendall County, Illinois Page | 7 P:\81\FY2027\P013 - Transportation\EEI\Yorkville\Kennedy Rd Ph II\81.P013035.27 EEI Yorkville Kennedy Ph II_Rev 07012026.docx Task 8 – QA/QC Time under this task includes QA/QC time for the reports as described above. 2. LEVEL OF EFFORT AND SCHEDULE The attached Standard Rate Worksheets per Client request summarize the estimated cost to complete the project utilizing standard rate sheets instead of IDOT BLR 05514 CPFF worksheets per Client request. The CCDD task will commence within 5 days of the notice to proceed (NTP) and will require approximately twelve (12) weeks to complete. The aquatic resources permitting documentation will be completed to meet project schedule requirements and will be closely coordinated with the Client. The aquatic resources delineation update, if required, will be completed between April 13th and October 20th to meet KCSMO requirements, with an anticipated completion of the Aquatic Resources Delineation Report six weeks after the field work. Permitting tasks will be completed according to project schedules and will be coordinated closely with the Client. 3. TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES CONDITIONS OF ENGAGEMENT The conditions of engagement are described in the attached Terms and Conditions for Professional Services. GZA’s report will be prepared on behalf of and for the exclusive use of Client. Client acknowledges and agrees that the report and the findings in the report shall not, in whole or in part, be disseminated or conveyed to any other party, or used or relied upon by any other party, in whole or in part, except for the specific purpose and to the specific parties alluded to above, without the written consent of GZA. GZA would be pleased to discuss the conditions associated with any additional dissemination, use, or reliance by other parties. ACCEPTANCE This agreement may be accepted by signing in the appropriate space below and returning one complete copy to GZA. Issuance of a Purchase Order implicitly acknowledges acceptance of this proposal. This proposal is valid for a period of 30 days from the date of issue. We appreciate the opportunity to submit this proposal. Please feel free to contact the undersigned at (630) 684-9100 with any questions. Very truly yours, GZA Illinois, Inc. Jeremy J. Reynolds, P.G. Lailah Reich, PWS, CWS, ISA Arborist James Novak, PWS Associate Principal Senior Consultant Associate Principal – Senior Scientist Attachments: Project Information Terms and Conditions Costs on IDOT BLR05514 CPFF CECS Worksheets July 1, 2026 81.P013035.27 Phase II Environmental Services (Special Waste and Wetlands) Kennedy Road Improvements – Yorkville, Kendall County, Illinois Page | 8 P:\81\FY2027\P013 - Transportation\EEI\Yorkville\Kennedy Rd Ph II\81.P013035.27 EEI Yorkville Kennedy Ph II_Rev 07012026.docx This Proposal for Services, Schedule of Fees and Terms and Conditions for Professional Services are hereby accepted and executed by a duly authorized signatory, who by execution hereof, warrants that he/she has full authority to act for, in the name, and on behalf of ENGINEERING ENTERPRISES, INC. . By: Title: Printed/Typed Name: Date: The Proposal for Services, Schedule of Fees and Terms and Conditions for Professional Services may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by an e-mail delivery of a document in “.pdf” format, each such signature shall create a valid and binding obligation of the party executing the document, or on whose behalf each document is executed, with the same force and effect as if each such facsimile or “.pdf” signature were an original thereof. July 1, 2026 81.P013035.27 Phase II Environmental Services (Special Waste and Wetlands) Kennedy Road Improvements – Yorkville, Kendall County, Illinois ATTACHMENTS P:\81\FY2027\P013 - Transportation\EEI\Yorkville\Kennedy Rd Ph II\81.P013035.27 EEI Yorkville Kennedy Ph II_Rev 07012026.docx ATTACHMENT 1 Project Information ()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()- ()-()-()-()-()-()-()-()-()-(())-(())-(())-(())-()-()-()-()-KENNEDYGRANDE BRIST OL RI D GERICKARDROUTE 34MCLELLAN OAKALDENCANNONBALLMATLOCKJETERBERRYWOOD LILA COLD GLORYLEWISJUSTICELILLI A NSUNSET PLUMROODHUNTCRYDERSEELEYEME R AL D SLATEEDYTHEROYAL OAKSANNA MARIABURRCROSSCHARLESRUBYSQUIREAMERICAN SOUTHLEHMAN NORTHCRANSTONELLSWORTH HENNINGDIVISIONCONSTITUTION HOBBSFREEDOMGROVEPARKWAYLYNCLIFFAMOS VIOLETLYMANREHBEH N PRIVATE DRIVE LAKEVIEWDAVIDPATRIOTBRISTOLGRANDE TRAILPRIVATE DRIVE DIVISIONPRIVAT E D RI V E PRIVATE DRIV E Engineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700ATTACHMENT DKENNEDY ROAD ROADWAYIMPROVEMENTS - PHASE 2LOCATION MAPwww.eeiweb.comDATEDATE:PROJECT NO.:FILE:PATH:BY:JUNE 2026YO2631YO2631 Kennedy RDH:\GIS\PUBLIC\YORKVILLE\2026\MJTNO.REVISIONSoUnited City of Yorkville651 Prairie Pointe DriveYorkville, IL 60560www.yorkville.il.us1,400 0700 FeetLegendProject LimitsExisting Right-Of-WaysREALIGNMENT &RECONSTRUCTION &WIDENINGRESURFACING ANDADA IMPROVEMENTS July 1, 2026 81.P013035.27 Phase II Environmental Services (Special Waste and Wetlands) Kennedy Road Improvements – Yorkville, Kendall County, Illinois ATTACHMENTS P:\81\FY2027\P013 - Transportation\EEI\Yorkville\Kennedy Rd Ph II\81.P013035.27 EEI Yorkville Kennedy Ph II_Rev 07012026.docx ATTACHMENT 2 Terms and Conditions TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES © 2025 by GZA GeoEnvironmental, Inc. (08/25-Edition/05-9010) August 8, 2025 These Terms and Conditions, together with GZA's Proposal, make up the Agreement between GZA and You, the Client, named in the Proposal. If the attached GZA Proposal is styled as a Master Services Agreement, then these Terms and Conditions will apply to any and all Services ordered by you and performed by GZA. BEFORE SIGNING THE PROPOSAL, BE SURE YOU READ AND UNDERSTAND THE PARAGRAPHS ENTITLED "INDEMNIFICATION”, "LIMITATION OF REMEDIES" AND “DISPUTES” WHICH DEAL WITH THE ALLOCATION OF RISK BETWEEN YOU AND GZA. 1) Services. GZA will perform the services set forth in its Proposal and any amendments or change orders authorized by you (the “Services”). Any request or direction from you that would require extra work or additional time for performance or would result in an increase in GZA's costs will be the subject of a negotiated amendment or change order. All Services performed by GZA will be governed by this Agreement, even if performed prior to your execution of the Proposal. 2) Term. If the attached GZA proposal is styled as a Master Services Agreement, then the term of this Agreement will begin on the date of execution of the proposal (the “Effective Date”), and either party may terminate this Agreement for convenience upon thirty (30) days’ written notice, provided that GZA will be paid for all services performed through the date of termination. 3) Standard of Care; Warranties. a) GZA will perform professional Services with the degree of skill and care ordinarily exercised by qualified professionals performing the same type of services at the same time under similar conditions in the same or similar locality. GZA’s sole responsibility with regard to Services which do not meet the foregoing standard of care is to reperform such Services, at GZA’s expense, but only if you provide GZA written notice of such non-conformity within ninety (90) days after completion of the Services. b)NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WARRANTY OF MARKETABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE OR INTENDED BY GZA’S PROPOSAL OR BY ANY OF GZA’S REPORTS OR OTHER CONDUCT. c) GZA assigns to you any manufacturers' warranties of equipment or materials purchased from others, to the extent they are assignable, and your sole recourse will be against the manufacturer. Full risk of loss of materials and equipment will pass to you upon delivery to the Site, and you will be responsible for insuring and otherwise protecting them against theft and damage. 4) Payment. a) Except as otherwise stated in the Proposal, you will compensate GZA for the Services at the rates set forth in the applicable Proposal, amendment or change order; reimburse its expenses, which will include a communication fee calculated as a percentage of labor invoiced; and pay any sales or similar taxes thereon. b) Any retainer specified in GZA’s Proposal shall be due prior to the start of Services and will be applied to the final invoice for Services. c) GZA will submit invoices periodically, and payment will be due within 20 days from invoice date. You will notify GZA in writing of any invoice disputes within 10 days of the invoice date, and if no written notice of dispute is received, the invoice will be deemed approved in full. Overdue payments will bear interest at 1½ percent per month or, if lower, the maximum lawful rate. GZA may terminate the Services upon 10 days' written notice anytime your payment is overdue on this or any other project and you will pay for all Services through termination, plus termination costs. You will reimburse GZA's costs of collecting overdue invoices, including reasonable attorneys' fees (including costs for time expended by in-house counsel, which will be charged to you at the prevailing market rate for attorneys of similar experience practicing in the jurisdiction). Any amounts paid by you to GZA will be applied first to interest and costs incurred by GZA, and then to the principal balance. 5) Your Responsibilities. a) If the Services involve entry onto a third-party property or otherwise require access to property you do not own or control, you will secure the access agreements, approvals, permits, licenses and consents necessary for performance of the Services, without GZA becoming a party to or otherwise being required to sign any such agreements, approvals, permits, licenses and consents. If you are the owner or operator of the Site, you will provide GZA with all documents, plans, information concerning underground structures (including but not limited to utilities, conduits, pipes, and tanks), information related to hazardous materials or other environmental or geotechnical conditions at the Site (including, if applicable, asbestos containing materials [“ACM”]) and other information that may be pertinent to the Services or, if you are not the owner or operator of the Site, you agree to make reasonable efforts to obtain these same documents and provide them to GZA. GZA is entitled to rely on the accuracy and completeness of documents and information you provide. You acknowledge that the quality of the Services provided by GZA is directly related to the accuracy and completeness of the information and data that you furnish to GZA. b) If you use the services of a contractor or construction manager at the Site, you agree to use best and reasonable efforts to include in your agreement(s) with the contractor or construction manager provisions obligating the latter: i) to defend, indemnify and hold harmless, to the fullest extent permitted by law, GZA, its affiliates and subsidiaries, and each of their officers, directors, members, partners, agents, insurers, employees, and subconsultants (the “GZA Indemnitees”) and you, for or on account of any claims, liabilities, costs and expenses, including attorneys' fees, arising out of or relating to the design or implementation of construction means, methods, procedures, techniques, and sequences of construction, including safety precautions or programs, of the contractor, the construction manager, or any of their subcontractors or any engineer engaged by them; ii) to name you and GZA as additional insureds under general liability and builder's risk insurance coverages maintained by the contractor or construction manager, or any of their subcontractors, and to ensure that such policies are primary and noncontributory with regard to the above indemnity obligations; and iii) to require that all of their subcontractors agree and be bound to the obligations set forth in (i) and (ii) above. c) In the event that you are unable to secure such provisions in the agreement(s) with the contractor or construction manager, you shall promptly (but in any event prior to the commencement of the Services) notify GZA and GZA shall have the opportunity to negotiate with you reasonable substitute risk allocation and insurance indemnities and protections. Failure to provide such notice will be a material breach of this Agreement. d) To the extent you are entitled to indemnification (either contractual or at common law) or are otherwise indemnified by the contractor or construction manager and/or their subcontractors, you agree to waive any claim (including without limitation indemnification or insurance claims) against GZA. 6) Right of Entry; Site Restoration. You grant GZA and its subcontractor(s) permission to enter the Site to perform the Services. If you do not own the Site, you represent and warrant that the owner has granted permission for GZA to enter the Site and perform the Services; you will provide reasonable verification on request; and you will indemnify the GZA Indemnitees for any claims by the Site owner related to alleged trespass by GZA or its subcontractors. Although GZA will exercise reasonable care to limit damage to landscaping, paving, systems and structures at the Site, you acknowledge that some damage may occur even with the exercise of due care and you agree to compensate GZA for any restoration it is asked to perform, unless otherwise indicated in the Proposal. Terms and Conditions Page | 2 of 4 (08/25-Edition/05-9010) August 8, 2025 7) Underground Facilities. GZA's only responsibility under this Agreement will be to provide proper notification to the applicable state utility "Call-Before-You- Dig" program. You further agree to assume responsibility for and to defend, indemnify and hold harmless GZA with respect to personal injury and property damages due to GZA's interference with subterranean structures including but not limited to utilities, conduits, pipes, and tanks: a) that are not correctly shown on any plans and information you or governmental authorities provide to GZA; or b) that are not correctly marked by the appropriate utility. 8) Reliance. The services, information, and other data furnished by you shall be at your expense, and GZA may rely upon all information and data that you furnish, including the accuracy and completeness thereof. You acknowledge that the quality of the Services provided by GZA is directly related to the accuracy and completeness of the information and data that you furnish to GZA. GZA’s REPORTS ARE PREPARED FOR AND MADE AVAILABLE FOR YOUR SOLE USE. YOU ACKNOWLEDGE AND AGREE THAT USE OF OR RELIANCE UPON THE REPORT OR THE FINDINGS IN THE REPORT BY ANY OTHER PARTY, OR FOR ANY OTHER PROJECT OR PURPOSE, SHALL BE AT YOUR OR SUCH OTHER PARTY’S SOLE RISK AND WITHOUT ANY LIABILITY TO GZA. YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE GZA INDEMNITEES FROM ALL CLAIMS, DAMAGES, LOSSES, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF OR RESULTING FROM ANY USE, REUSE, OR MODIFICATION OF THE DOCUMENTS WITHOUT WRITTEN VERIFICATION, COMPLETION, OR ADAPTATION BY GZA AND SUCH LIMITED LICENSE TO YOU SHALL NOT CREATE ANY RIGHTS IN THIRD PARTIES. However, in GZA’s sole discretion, which may be withheld for any reason whatsoever, if you request that GZA extend reliance to a third party, then such reliance will be conditioned upon the third party’s acceptance of such reliance on GZA’s standard reliance terms and you will be obligated to pay GZA a reliance fee calculated as 10% of GZA’s original fee for the report upon which reliance is being extended. 9) Lab Tests and Samples. GZA is entitled to rely on the results of laboratory tests using generally accepted methodologies. GZA may dispose of samples in accordance with applicable laws 30 days after submitting test results to you unless you request in writing for them to be returned to you or to be held longer, in which case you will compensate GZA for storage and/or shipping beyond 30 days. 10) GZA Professionals. GZA employees or consultants may act as licensed, certified or registered professionals (including but not limited to Professional Engineers, Licensed Site or Environmental Professionals, Certified Hazardous Materials Managers, or Certified Industrial Hygienists, collectively referred to in this section as “GZA Professionals”), whose duties may include the rendering of independent professional opinions. You acknowledge that a federal, state or local agency or other third party may audit the Services of GZA or other contractor/consultant(s), which audit may require additional Services, even though GZA and such GZA Professionals have each performed such Services in accordance with the standard of care set forth herein. You agree to compensate GZA for all Services performed in response to such an audit, or to meet additional requirements resulting from such an audit, at the rates set forth in the applicable Proposal, amendment or change order. 11) Hazardous Materials; GZA “Not a Generator”. Before any hazardous or contaminated materials, including, if applicable, ACMs (the “Wastes”) are removed from the Site, you will sign manifests naming you as the generator of the Wastes (or, if you are not the generator, you will arrange for the generator to sign). You will select the treatment or disposal facility to which any Wastes are taken. GZA will not be the generator or owner of, nor will it possess, take title to, or assume legal liability for any Wastes at or removed from the Site. GZA will not have responsibility for or control of the Site or of operations or activities at the Site other than its own. GZA will not undertake, arrange for or control the handling, treatment, storage, removal, shipment, transportation or disposal of any Wastes at or removed from the Site, other than any laboratory samples it collects or tests. You agree to defend, indemnify and hold the GZA Indemnitees harmless for any costs or liability incurred by GZA in defense of or in payment for any legal actions in which it is alleged that GZA is the owner, generator, treater, storer or disposer of any Wastes. 12) Limits on GZA's Responsibility. GZA will not be responsible for the acts or omissions of contractors or others at the Site, except for its own subcontractors and employees. GZA will not supervise, direct or assume control over or the authority to stop any contractor's work, nor shall GZA's professional activities nor the presence of GZA or its employees and subcontractors be construed to imply that GZA has authority over or responsibility for the means, methods, techniques, sequences or procedures of construction, for work site health or safety precautions or programs, or for any failure of contractors to comply with contracts, plans, specifications or laws. Any opinions by GZA of probable costs of labor, materials, equipment or services to be furnished by others are strictly estimates and are not a guarantee that actual costs will be consistent with the estimates. 13) Changed Conditions. a) You recognize the uncertainties related to the Services (including, without limitation, environmental and geotechnical Services), which often require a phased or exploratory approach, with the need for additional Services becoming apparent during the Services. You also recognize that actual conditions encountered may vary significantly from those anticipated, that laws and regulations are subject to change, and that the requirements of regulatory authorities are often unpredictable. b) If changed or unanticipated conditions or delays make additional Services necessary or result in additional costs or time for performance, GZA will notify you and the parties will negotiate appropriate changes to the scope of Services, compensation and schedule. c) If no agreement can be reached, GZA will be entitled to terminate the Services and to be equitably compensated for the Services already performed. GZA will not be responsible for delays or failures to perform due to weather, labor disputes, intervention by or inability to get approvals from public authorities, acts or omissions on your part, or any other causes beyond GZA's reasonable control, and you will compensate GZA for any resulting increase in its costs. 14) Documents and Information. All documents, data, calculations and work papers prepared or furnished by GZA are instruments of service and will remain GZA's property. Designs, reports, data and other work product delivered to you are for your use only, for the limited purposes disclosed to GZA. Any delayed use, use at another site, use on another project, or use by a third party will be at the user's sole risk, and without any liability to GZA. Any technology, methodology or technical information learned or developed by GZA will remain its property. Provided GZA is not in default under this Agreement, GZA's designs will not be used to complete this project by others, except by written agreement relating to use, liability and compensation. 15) Electronic Media. In accepting and utilizing any drawings, reports and data on any form of electronic media generated by GZA, you covenant and agree that all such electronic files are instruments of service of GZA, who shall be deemed the author and shall retain all common law, statutory law and other rights, including copyrights. In the event of a conflict between the signed documents prepared by GZA and electronic files, the signed documents shall govern. You agree not to reuse these electronic files, in whole or in part, for any purpose or project other than the project that is the subject of this Agreement. Any transfer of these electronic files to others or reuse or modifications to such files by you without the prior written consent of GZA will be at the user’s sole risk and without any liability to GZA. 16) Confidentiality; Subpoenas. Information about this Agreement and GZA's Services and information you provide to GZA regarding your business and the Site, other than information available to the public and information acquired from third parties, will be maintained in confidence and will not be disclosed to others without your consent, except as GZA reasonably believes is necessary: (a) to perform the Services; (b) to comply with professional standards to protect public health, safety and the environment; and (c) to comply with laws, regulations, court orders and professional obligations. GZA will make reasonable efforts to give Terms and Conditions Page | 3 of 4 (08/25-Edition/05-9010) August 8, 2025 you prior notice of any disclosure under (b) or (c) above. Information available to the public and information acquired from third parties will not be considered confidential. You will reimburse GZA for responding to any subpoena or governmental inquiry or audit related to the Services, at the rates set forth in the applicable Proposal, amendment or change order (including, without limitation, for outside counsel expenses incurred by GZA and/or time expended by in-house counsel, which will be charged to you at the prevailing market rate for attorneys of similar experience practicing in the jurisdiction). Notwithstanding the foregoing, GZA shall be entitled to use your name and a general description of the Services in promotional materials. 17) Insurance. During performance of the Services, GZA will maintain workers’ compensation, commercial general liability, automobile liability, and professional liability/contractor's pollution liability insurance. GZA will furnish you certificates of such insurance on request. 18) Indemnification. You agree to hold harmless, indemnify, and defend the GZA Indemnitees against all claims, suits, fines and penalties, including mandated cleanup costs and attorneys' fees and other costs of settlement and defense, which claims, suits, fines, penalties or costs arise out of or are related to this Agreement or the Services, except to the extent they are caused by GZA’s negligence or willful misconduct The duty to defend will be triggered upon a claim, suit, fine and/or penalty being alleged or threatened, and will only terminate when and to the extent GZA’s proportion of negligence is finally adjudicated by a court of competent jurisdiction. If the foregoing indemnification is determined to be void or unenforceable as a matter of law, then it shall be automatically reformed to apply the original intent of the clause to the maximum extent permissible by law. 19) Limitation of Remedies. a) To the fullest extent permitted by law and notwithstanding anything else in this Agreement to the contrary, the aggregate liability of GZA and its affiliates, parents and subsidiaries and subcontractors and each of their employees, insurers, principals, officers, directors, partners and agents (collectively referred to in this paragraph as "GZA") for all claims (arising in tort, by contract or otherwise, and specifically including any indemnification or contribution obligation owed by GZA, arising under contract or at common law, if any) arising out of this Agreement or in any way related to GZA’s Services is limited to $50,000 or, if greater, 10% of the compensation received by GZA under this Agreement. b) You may elect to increase the limit of liability by paying an additional fee, such fee to be negotiated prior to the execution of this Agreement. c) Any claim (as described in 19(a)) against GZA related in any way to the Services provided pursuant to this Proposal, or the terms herein, is waived unless suit is commenced in a proper jurisdiction within one year of substantial completion of GZA’s Services. This waiver may not be construed to extend any applicable statute of limitations. d) GZA will not be liable for lost profits, loss of use of property, delays, contractual penalties or other special, indirect, incidental, consequential, punitive, exemplary, liquidated, or multiple damages. This includes but is not limited to fines and/or penalties and/or sanctions imposed by any local, state, or federal government, agency, or regulatory body. e) GZA will not be liable to you or the Site owner for injuries or deaths suffered by GZA's or its subcontractors' employees. f) You will look solely to GZA for your remedy for any claim arising out of or relating to this Agreement, including any claim arising out of or relating to alleged negligence or errors or omissions of any GZA principal, officer, employee or agent. To the extent damages are covered by property insurance or any other insurance, both you and GZA waive all rights against each other and against the contractors, consultants, agents, and employees of the other, for damages, except such rights as they may have to the proceeds of such insurance as set forth in this Agreement. You or GZA, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein. 20) Disputes. a) Subject to the provisions of 20(d) below, all disputes between you and GZA shall be subject to non-binding mediation. b) Either party may demand mediation by serving a written notice stating the essential nature of the dispute, the amount of time or money claimed, and requiring that the matter be mediated within forty-five (45) days of service of notice. c) The mediation shall be administered by the American Arbitration Association in accordance with its most recent Construction Mediation Rules, or by such other person or organization as the parties may agree upon. d) No action or suit may be commenced unless mediation has occurred but did not resolve the dispute, or unless a statute of limitations period or the one-year waiver period described in 19(c) above would expire if suit were not filed prior to such forty-five (45) days after service of notice. However, where non- payment of an invoice has occurred and GZA sends you a final demand letter for payment, your failure to remit payment in full (including interest, costs, attorneys fees and all other charges permitted by Section 4(c)) within ten (10) days of receipt (or, for certified mail, the date of the first attempt to deliver the letter to your address of record if you ultimately do not accept receipt of the letter or the letter is otherwise undeliverable to your address of record with GZA or with the Secretary of State in the jurisdiction where you are organized) of such letter will be deemed to be a waiver of your right to enforce this mediation clause and GZA may immediately file suit to enforce the terms of this Agreement. e) In the event GZA commences litigation to recover payment of an unpaid invoice, you shall not be permitted to interpose any counterclaim. Any claim against GZA which remains viable under the terms of this Agreement must instead be brought in a separate action against GZA, subject to the terms of this Agreement, including, without limitation, the pre-suit certification requirement contained in Section 20(g). f) You agree to pay reasonable attorneys' fees and all other costs and expenses (including, but not limited to reasonable investigative expenses and expert and consultant expenses) which may be incurred by GZA in the enforcement of this Agreement in the event that (a) it is finally adjudicated by a court of competent jurisdiction that you have breached this Agreement; or (b) where you allege that GZA has breached this Agreement or otherwise acted negligently and it is finally adjudicated by a court of competent jurisdiction that GZA did not in fact breach this Agreement or act negligently. If for any reason it is adjudicated that the foregoing provision is in violation of applicable law, is subject to a state statute automatically converting this clause to be reciprocal between the parties, is contrary to public policy or is unconscionable or a contract of adhesion, then the foregoing clause will be null and void and of no effect. Under no circumstances shall the foregoing clause be replaced with a reciprocal clause. g) You shall make no claim against GZA for professional negligent acts, errors, omissions and/or alleged breach of contract either directly, indirectly, as a counterclaim or crossclaim, or in a third party claim, unless you have first provided GZA with a written certification executed by an independent professional practicing in the same discipline as GZA and licensed in the jurisdiction in which GZA provided you its Services. This certification must (i) identify the name and license of the certifier, (ii) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of professional performing professional services under similar circumstances; and (iii) state in complete detail the basis for certifier's opinion that each such act or omission constitutes a violation of the standard of care. This certificate must be provided to GZA no less than thirty (30) days prior to the submission of a formal claim. Terms and Conditions Page | 4 of 4 (08/25-Edition/05-9010) August 8, 2025 h) With regard to Sections 5, 6, 8, 19 and 20 of this Agreement, the terms “claim”, “any claim” and “all claims” shall be defined as broadly as legally possible, including without limitation any and all claims arising in contract (including indemnification obligations owed by GZA, if any), tort or by any other legal theory or argument. 21) Miscellaneous. a) This Agreement and all claims relating thereto shall be governed by the substantive and procedural laws of the Commonwealth of Massachusetts, as they presently exist or may hereafter be amended, without regard to principles of conflict of laws. b) The above terms and conditions regarding Limitation of Remedies and Indemnification shall survive the completion of the Services under this Agreement and the termination of the contract for any reason. c) Any amendment to these Terms and Conditions must be in writing and signed by both parties. No modification of these Terms and Conditions will be binding against GZA unless specifically approved in writing by a principal of GZA. d) Having received these Terms and Conditions, your oral authorization to commence Services, your acceptance of performance of the Services, your actions, or your use of the Report or Work Product constitutes your acceptance of them. e) This Agreement supersedes any contract terms, purchase orders or other documents issued by you, even if signed by an authorized representative of GZA. f) Neither party may assign or transfer this Agreement or any rights or duties hereunder without the written consent of the other party. g) Your failure or the failure of your successors or assigns to receive payment, reimbursement, insurance proceeds or grant funds from any other party for any reason whatsoever shall not absolve you, your successors or assigns of any obligation to pay any sum to GZA under this agreement. h) These Terms and Conditions shall govern over any inconsistent terms in GZA’s Proposal. i) Any provision of this Agreement later held to be unenforceable for any reason shall be deemed void, and all remaining provisions shall continue in full force and effect on the parties, who agree that the Agreement shall be reformed to replace such voided provision with a valid and enforceable provision that comes as close as possible to expressing the intention of the voided provision. j) The covenants and agreements contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and upon their respective successors and assigns. k) Any reports generated by GZA will be subject to GZA’s standard report limitations for that particular type of report. l) To the extent applicable to GZA’s Services, you acknowledge and agree that GZA cannot anticipate the effects of climate change/extreme weather on any report, design or other document produced by GZA, unless such analysis is specifically within the scope of GZA’s Services. m) You agree that during the performance of GZA’s Services and for a period of twelve (12) months completion of those Services, you will not encourage, induce, or otherwise solicit, or actively assist any other person or organization to encourage, induce or otherwise solicit, directly or indirectly, any employee of the GZA or any of its affiliates to terminate their employment with GZA or any of its affiliates, or otherwise interfere with the advantageous business relationship of GZA or any of its affiliates with their employees. You agree that if you violate this non-solicitation provision, you will pay GZA liquidated damages in an amount equal to the total earnings of the solicited employee during the last twelve (12) months of their employment with GZA. n) This Agreement does not create any third-party beneficiaries and is intended for the benefit of the parties hereto and their respective successors and permitted assigns, and is not for the benefit of, nor may any provision hereof be enforced by, anyone else. 22) Asbestos Abatement Services (If Applicable). If the Services include asbestos abatement services, then the following terms and conditions will apply and will supersede any conflicting terms contained elsewhere in this Agreement. a) You acknowledge that conditions can vary from those encountered at the times and locations of explorations and data collection, and that the limitation on available data may result in some level of uncertainty with respect to the interpretation of those conditions, despite due professional care. GZA therefore cannot guarantee specific results such as the identification or removal of all asbestos or other contamination. 23) Microbial Services (If Applicable). If the Services include Microbial services, then the following terms and conditions will apply and will supersede any conflicting terms contained elsewhere in this Agreement. For purposes of this Agreement, Microbial is defined as any and all fungal and/or bacterial growth including but not limited to mold, mildew, yeast, fungus, fungi, bacteria, spores, odors, particulates, vapors, gas, or other emissions produced by or arising out of or toxins emanating therefrom. a) You recognize that meeting the standard of care does not establish an assurance that corrective procedures will be permanent. Because Microbial infestations are created by near-omnipresent living microscopic spores which grow very quickly and are influenced by nanoclimatological conditions that are very difficult to detect and sources of water intrusion, elevated moisture or relative humidity over which GZA has neither control or responsibility, GZA cannot and does not claim that its Services will eliminate the risk of a Microbial infestation recurring. b) You acknowledge that the Services entail risk of personal injury and property damage (including cross-contamination) that cannot be avoided, even with the exercise of due care. You also acknowledge that environmental conditions can vary from those encountered at the times and locations of explorations and data collection, and that the limitation on available data may result in some level of uncertainty with respect to the interpretation of these conditions, despite due care. GZA therefore cannot guarantee specific results such as the identification of all contamination or other environmental conditions or problems nor their resolution. c) You acknowledge that Microbial infestations may be hidden from view and concealed in locations that are difficult to discover. Accordingly, you agree that despite GZA’s efforts, some Microbial locations may remain undetected. In such situations, you agree that you will have no claim against GZA provided GZA followed the applicable standard of care and all applicable laws and regulations pertaining to the Work. d) You further agree that when GZA performs Services intended to minimize the risk of Microbial infestations, GZA shall not be liable for damages resulting from Microbial contamination including but not limited to fungal or bacterial infestations and water damage or dry or wet rot. You agree to waive any Microbial infestation claim(s) against GZA and you agree to indemnify, defend and hold the GZA Indemnitees harmless from any claim alleging that GZA’s Services caused or aggravated a Microbial infestation or did not prevent a Microbial infestation from recurring. July 1, 2026 81.P013035.27 Phase II Environmental Services (Special Waste and Wetlands) Kennedy Road Improvements – Yorkville, Kendall County, Illinois ATTACHMENTS P:\81\FY2027\P013 - Transportation\EEI\Yorkville\Kennedy Rd Ph II\81.P013035.27 EEI Yorkville Kennedy Ph II_Rev 07012026.docx ATTACHMENT 3 Cost Estimate Work Sheets Prepared for: Engineering Enterprises, Inc.Project: Yorkville - Kennedy Rd Ph IITask Hours Labor Reimbursables Total1Task 1 - LPC-663 Form Assessment & Documentation 75.50 9,705.50 19,101.50 28,807.002Task 2 - Aquatic Resources Delineation and Report Update, If Required 32.00 4,295.00 54.65 4,349.653Task 3 - Jurisdictional Determination 6.00 932.00 - 932.004Task 4 - USACE Chicago District Section 404 Permitting, If Required 30.00 4,422.00 - 4,422.005Task 5 - SWCD Coordination, If Required 19.00 2,723.00 - 2,723.006Task 6 - Kendall County Permitting, If Required 20.00 3,306.00 - 3,306.007Task 7 - Project Administration and Safety 6.00 1,096.00 - 1,096.008Task 8 - QA/QC 13.00 3,065.00 - 3,065.00Grand Total 201.50 29,544.50$ 19,156.15$ 48,700.65$ GZA, Inc.Proposal7/1/2026I:\Proposals - FY2027\EEI\Yorkville\81.P013035.27 EEI Yorkville Kennedy Ph II_Revised 07012026.xls 1 Prepared for: Engineering Enterprises, Inc. Project: Yorkville - Kennedy Rd Ph II Task Reimbursables 1 Task 1 - LPC-663 Form Assessment & Documentation Trips 60 miles x 3 x 0.725$ = 130.50$ Tolls 1 ea x 6 x 3.00$ = 18.00$ Field Kit 1 day x 2 x 35.00$ = 70.00$ PID 1 day x 2 x 110.00$ = 220.00$ IDOT Protocol Lab Analysis -$ VOCs 1 ea x 24 x 126.00$ = 3,024.00$ SVOCs 1 ea x 24 x 209.00$ = 5,016.00$ TAL Total Metals 1 ea x 24 x 155.00$ = 3,720.00$ SPLP Metals 1 ea x 24 x 125.00$ = 3,000.00$ TCLP Metals 1 ea x 24 x 125.00$ = 3,000.00$ pH 1 ea x 24 x -$ = -$ Lab $/IDOT Sample 1 = 740.00$ Pesticide/Herbicide 1 ea x 3 x 301.00$ = 903.00$ Task Total 19,101.50$ 2 Task 2 - Aquatic Resources Delineation and Report Update, If Required Trips 33 miles x 2 x 0.725$ = 47.85$ Tolls 2 x 3.40$ = 6.80$ Task Total 54.65$ 3 Task 3 - Jurisdictional Determination Task Total -$ 4 Task 4 - USACE Chicago District Section 404 Permitting, If Required 0x -$ = -$ Task Total -$ 5 Task 5 - SWCD Coordination, If Required 0x -$ = -$ Task Total -$ 6 Task 6 - Kendall County Permitting, If Required 0x -$ = -$ Task Total -$ 7 Task 7 - Project Administration and Safety GZA, Inc. Proposal 7/1/2026 Prepared for: Engineering Enterprises, Inc. Project: Yorkville - Kennedy Rd Ph II Task Reimbursables GZA, Inc. Proposal 7/1/2026 x=-$ Task Total -$ 8 Task 8 - QA/QC 0x -$ = -$ Task Total -$ Grand Total 19,156.15$ Attachment H Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Economic Development Police Public Works Parks and Recreation Agenda Item Number New Business #5 Tracking Number PW 2026-60 Adams and Van Emmon Retaining Wall Design Engineering Contract Public Works Committee – July 21, 2026 Majority Approval A proposed design engineering contract for the design of a retaining wall between Van Emmon and lower Adams St. Eric Dhuse Public Works Name Department Summary A proposed PSA from EEI for the design engineering for a new retaining wall along W. Van Emmon St. where is runs parallel with lower Adams St. Background At some point, before my time here, W. Van Emmon St. was raised for some reason that is still a mystery. When they raised the road, they left the old guard rail in place to help hold the bank. That old guardrail is now rotting away and allowing the bank to erode away as well. I looked back through our archives, I found the last time we worked on that area was 2006, and we did not raise the road in that area, the only thing we did was flatten out the intersection with upper Adams St. to make it easier to maneuver. With the deterioration of the buried guardrail and erosion of the nearby road base, we need to find a permanent solution. Our idea was to construct a retaining wall that will support the roadway, stop erosion, and get rid of the weeds and scrub brush that is now on the hillside. When we started looking at this, we realized that the area is much longer than first believed and will be a more complex project due to the proximity to the roadway and residences. I have attached a couple of photos for your reference to the area and to the guardrail that is currently buried near the roadway. EEI is proposing a design engineering contract in the amount of $84,785 and direct costs of $45,575 for a total of $130,360. For this fee, EEI will conduct project meetings, surveys, provide utility coordination, oversee subcontractors, prepare final plans, and receive bids, recommend award, and execute contract documents. Currently there is $465,000 budgeted in the approved FY27 budget for this project. Unfortunately, this was the total estimated cost for design and construction. The construction of this project will exceed those budgeted numbers. Therefore, we will design the project this year to come up with an accurate cost estimate, budget for that estimate and construction engineering, and approve that in the FY28 budget to be able to construct this project next fiscal year. Recommendation Staff recommends approval of this contract. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, City Administrator Date: July 10, 2026 Subject: Adams and Van Emmon Retaining Wall Design PSA concat concat concat concat concat concat concat concat concat West V an Emmon Street Adams StreetAdams Stre et West V a n Emmon S t reet 016 002 013 015 006 002 007 014 003 003 001 003001 003 001 Kendall County GIS Parcel Viewer Export OpenStreetMap, Nearmap 7/13/2026, 2:13:24 PM 0 0.01 0.020 mi 0 0.01 0.020.01 km 1:629 Kendall County GIS Potential Retaining W a l l A r e a Resolution No. 2026-____ Page 1 Resolution No. 2026-_____ 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 design and install approximately 300 feet of retaining wall between Adams Street and Van Emmon Street (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 an Agreement Resolution No. 2026-____ Page 2 for Professional Services – Design Engineering – Adams and Van Emmon Retaining Wall 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 ____ day of __________________, A.D. 2026. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ RUSTY CORNEILS _________ RUSTY HYETT _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2026. ______________________________ MAYOR Attest: ___________________________________ City Clerk UNITED CITY OF YORKVILLE ADAMS AND VAN EMMON RETAINING WALL PAGE 1 Agreement for Professional Services – Design Engineering United City of Yorkville Adams and Van Emmon Retaining Wall 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: The Engineer shall furnish the necessary personnel, materials, equipment and expertise to make the necessary investigations, analysis and calculations along with exhibits, cost estimates and narrative, to complete all necessary engineering services to the City as indicated on the included Attachment A. Design Engineering services shall be provided as indicated on the Scope of Services on Attachment B. The Engineer shall work with the City to develop a contracting and bidding schedule consistent with available funding. All Engineering will be in accordance with all City, Standard Specifications for Water and Sewer Construction in Illinois, Illinois Environmental Protection Agency, 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. Design Engineering will be paid for monthly based on the percentage of the project that is complete. The Fixed Fee amount for the Design Engineering is $84,758, of which $45,575 is anticipated to be direct expenses. The hourly rates for this project are shown in Attachment F. 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 hereof 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 1st of that same year. UNITED CITY OF YORKVILLE ADAMS AND VAN EMMON RETAINING WALL PAGE 2 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 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 500/50-5(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). UNITED CITY OF YORKVILLE ADAMS AND VAN EMMON RETAINING WALL PAGE 3 Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500/50-10 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 5/33E 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. 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 City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City 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 UNITED CITY OF YORKVILLE ADAMS AND VAN EMMON RETAINING WALL PAGE 4 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 (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 City and City’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: UNITED CITY OF YORKVILLE ADAMS AND VAN EMMON RETAINING WALL PAGE 5 Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Attachment C: Estimate of Level of Effort and Associated Cost Attachment D: Location Map Attachment E: Anticipated Project Schedule Attachment F: 2026 Standard Schedule of Charges 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: For the Contractor: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 651 Prairie Pointe Drive Sugar Grove Illinois 60554 Yorkville, IL 60560 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. Agreed to this ___day of _________, 2026. United City of Yorkville Engineering Enterprises, Inc.: _________________________________ ________________________________ John Purcell Brad Sanderson, P.E. Mayor Chief Operating Officer / President _________________________________ ________________________________ Jori Contrino Angela R. Smith City Clerk Director of Marketing and Business Development ENGINEERING ENTERPRISES, INC. JUNE 2026 PAGE 1 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 circumst ances 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 contractor’s furnishing and performing of its work. The ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for contractor’s failure to furn ish 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 agen ts 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 o f assessing if upon installation or incorporation in the project work they are generally consistent with the construction docum ents. 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 contractor’s 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 opinio n 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 tex t, 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 el ectronic 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 th e 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 t ermination 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 OWNE R: (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. ENGINEERING ENTERPRISES, INC. JUNE 2026 PAGE 2 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 include, 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 i ncurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warran ty. 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 set forth 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’ writte n 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 car ry 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 b eing 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 in voices 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 shall 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 th e 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 reasonab le 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. UNITED CITY OF YORKVILLE ADAMS AND VAN EMMON RETAINING WALL PAGE 1 Agreement for Professional Services - Design Engineering United City of Yorkville Adams and Van Emmon Retaining Wall Attachment B – Scope of Services The United City of Yorkville requires Design Engineering services to install approximately 300 feet of retaining wall between Adams and Van Emmon Streets. A map of the project location can be found in Attachment D of this proposal. The following list of work items establishes the scope of engineering services for this project: DESIGN ENGINEERING: 2.1 Project Management and Administration • Management of Personnel and the Engineering Contract • Budget Tracking • Coordination with the City and Subconsultants (Rubino Engineering and Benesch) 2.2 Project Meetings • Project Kick-Off Meeting Between the City and EEI • One (1) Design Progress Meeting Between the City and EEI prior to Bidding 2.3 Topographic Survey & Easements • Field Survey • Drafting to Create Base File 2.4 Utility Coordination • Design JULIE • Plan Submission and Coordinate with Private Utilities • Coordination of a Nicor gas main and service relocations 2.5 Final Plans, Specifications and Estimates • Preparation of 60%, 90%, and 100% Engineering Plans • Preparation of 90% and 100% Project Manual and Engineer’s Opinion of Probable Construction Cost. Project Manual Shall Include Bidding and Contract Documents, General Conditions, and Special Provisions. • Internal QA/QC 2.6 Bidding and Contracting Services • Prepare Bidders List and Ad for Bid • Submit Ad for Bid to the Local Paper and Post Bidding Documents on QuestCDN • Address Bid Questions and Prepare Addenda • Attend Bid Opening • Prepare Bid Tab, Bid Summary, and Recommendation of Award • Execute Contract Documents UNITED CITY OF YORKVILLE ADAMS AND VAN EMMON RETAINING WALL PAGE 2 DIRECT EXPENSES The following scope of services will be provided by EEI’s subconsultant: Geotechnical and CCDD (Rubino Engineering, Inc.) • Four (4) Soil Boring 30’ to 40’ in depth • Prepare Geotechnical Report and CCDD Analysis • Prepare LPC 662/663 Permit EXCLUSIONS The above scope of services does not include the following: • Property Negotiations • Environmental Surveys The above scope summarizes the work items that will be completed for this contract. Additional work items, including additional meetings beyond the meetings defined in the above scope, shall be considered outside the scope of the base contract and will be billed in accordance with EEI’s Standard Schedule of Charges (Attachment F) in effect at the time the extra work is performed. ATTACHMENT C: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBER United City of Yorkville YO2536 PROJECT TITLE DATE PREPARED BY Adams and Van Emmon Retaining Wall ROLE PIC SPM PM PE SPM SPT2 ST CM PT ADMIN RATE $268 $254 $228 $184 $254 $191 $184 $191 $167 $79 DESIGN ENGINEERING 2.1 Project Management and Administration - 20 - 8 - - - - - - 28 6,552$ 2.2 Project Meetings - 4 - 4 - - - - - - 8 1,752$ 2.3 Topographic Survey & Easements - - - - 4 8 - - - - 12 2,544$ 2.4 Utility Coordination - 3 - 8 - - - - - - 11 2,234$ 2.5 Final Plans, Specifications, and Estimates - 18 - 40 - - - 6 40 - 104 19,758$ 2.6 Bidding and Contracting Services - 11 - 18 - - - - - 3 32 6,343$ Insert Task Subtotal:- 56 - 78 4 8 - 6 40 3 195 39,183$ - 56 - 78 4 8 - 6 40 3 195 39,183 EEI STAFF DIRECT EXPENSES PIC Principal In Charge Printing/Postage = 100$ SPM Senior Project Manager Structural Sub = 30,000$ PM Project Manager Geotechnical/CCDD = 15,475$ PE Project Engineer DIRECT EXPENSES =45,575$ SPT 2 Senior Project Technician II SPT 1 Senior Project Technician I LABOR SUMMARY CM CADD Manager EEI Labor Expenses = 39,183$ PT Project Technician TOTAL LABOR EXPENSES 39,183$ ADMIN Adminstrative Assistant TOTAL COSTS 84,758$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com PROJECT TOTAL: TAW6/5/26 COSTTASK NO.TASK DESCRIPTION HOURS Fox Ridge Madison MorganAdamsVan Emmon StateMainHydraulic MainMainStateHydraulic 0 200 400 Feet Engineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 EXHIBIT D:ADAMS AND VAN EMMONRETAINING WALLwww.eeiweb.com DATE: PROJECT NO.: FILE: PATH: BY: JUNE 2026 YO2536 YO2536-Location.mxd H:\GIS\PUBLIC\YORKVILLE\2025\ KKP ³ RETAINING WALLLOCATION ATTACHMENT E: ESTIMATED SCHEDULE CLIENT PROJECT NUMBER PROJECT TITLE DATE PREPARED BY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY DESIGN ENGINEERING 2.1 2.2 2.3 2.4 2.5 2.7 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com TAW YO2536 Adams and Van Emmon Retaining Wall United City of Yorkville TASK NO.TASK DESCRIPTION 6/5/26 2026 2027 Bidding and Contracting Services Project Management and Administration Project Meetings Topographic Survey & Easements Utility Coordination Final Plans, Specifications, and Estimates ENGINEERING ENTERPRISES, INC. 52 Wheeler Road, Sugar Grove, IL 60554 Ph: 630.466.6700 • Fx: 630.466.6701 www.eeiweb.com OUTSTANDING SERVICE • EVERY CLIENT • EVERY DAY EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $268.00 Principal E-3 $262.00 Senior Project Manager E-2 $254.00 Project Manager E-1 $228.00 Senior Project Engineer/Surveyor II P-6 $218.00 Senior Project Engineer/Surveyor I P-5 $203.00 Project Engineer/Surveyor P-4 $184.00 Senior Engineer/Surveyor P-3 $169.00 Engineer/Surveyor P-2 $153.00 Associate Engineer/Surveyor P-1 $139.00 Senior Project Technician II T-6 $191.00 Senior Project Technician I T-5 $179.00 Project Technician T-4 $167.00 Senior Technician T-3 $153.00 Technician T-2 $138.00 Associate Technician T-1 $120.00 Engineering/Land Surveying Intern I-1 $ 89.00 Director of Marketing and Business Development M-4 $141.00 Marketing Coordinator M-2 $105.00 Executive Administrative Assistant A-4 $ 84.00 Administrative Assistant A-3 $ 79.00 VEHICLES. DRONE, EXPERT TESTIMONY, REPROGRAPHICS AND DIRECT COSTS* Vehicle for Construction Observation $ 20.00 ^ Unmanned Aircraft System / Unmanned Aerial Vehicle / Drone $245.00 Expert Testimony $300.00 In-House Scanning and Reproduction $0.25/Sq. Ft. (Black & White) $1.00/Sq. Ft. (Color) Reimbursable Expenses (Direct Costs) Cost Services by Others (Direct Costs) Cost + 10% * unless specified otherwise in agreement ^ per day charges capped at the current IDOT daily rate STANDARD SCHEDULE OF CHARGES ~ JANUARY 1, 2026 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Economic Development Police Public Works Parks and Recreation Agenda Item Number New Business #6 Tracking Number PW 2026-61 Eldamain Water Main Loop – South – Change Order No. 3 – Balancing Public Works Committee – July 21, 2026 Majority Consideration of Approval Please see the attached memo. Brad Sanderson Engineering Name Department The purpose of this memo is to present Change Order No. 3 – Final Balancing for the above-referenced project. A Change Order, as defined by the General Conditions of the Contract Documents, is a written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents, or authorizing an adjustment in the Contract Price or Contract Time. Background: The United City of Yorkville and Winninger Excavating, Inc. entered into an agreement for a Contract value of $2,679,397.65 for the above-referenced project. The project's funding is by C1 Yorkville, LLC. Change Order 1 increased the Contract value by $77,744.00 in order to provide additional jacking and boring under the private railroad tracks onsite. Change Order 2 increased the Contract value by $84,580.00 in order to provide air release valves. Currently, the Contract value stands at $2,841,721.65. Question Presented: Should the City approve Change Order No. 3, which would decrease the contract amount by $69,878.86. Discussion: This Change Order is a final balancing change order. Due to final measurement of Contract quantities and the inclusion of previous change orders, there will be a net deduction from the current Contract value in this final balancing. The final Contract value will be $2,771,842.79. Action Required: Consideration of approval of Change Order No. 3 in the amount of ($69,878.86). Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Erin Willrett, Assistant City Administrator Rob Fredrickson, Finance Director Jori Contrino, City Clerk Date: July 1, 2026 Subject: Eldamain Water Main Loop – South – Change Order No. 3 CHANGE ORDER Order No. 3 – FINAL BALANCING Date: July 28, 2026 Agreement Date: February 27, 2025 NAME OF PROJECT: Eldamain Water Main Loop - South OWNER: United City of Yorkville CONTRACTOR: Winninger Excavating, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: 1) Final Balancing $ (69,878.86) Change of CONTRACT PRICE: Original CONTRACT PRICE: $ 2,679,397.65 Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S) $ 2,841,721.65 The CONTRACT PRICE due to this CHANGE ORDER will be (increased)(decreased) by: $ (69,878.86) The new CONTRACT PRICE including this CHANGE ORDER will be $ 2,771,842.79 Justification: 1) This Change Order is a final balancing change order based upon final quantities as measured in the field. Change to CONTRACT TIME: The contract time is increased/decreased by 0 days. Requested by: _ _ United City of Yorkville. Recommended by: Engineering Enterprises, Inc. Accepted by: Winninger Excavating, Inc PAYABLE TO: Winninger Excavating Inc.ENGINEERS PAYMENT ESTIMATE NO. 7 - FINAL ADDRESS: 8845 Schoger Drive, Naperville, Illinois 60564 ELDAMAIN WATER MAIN LOOP - SOUTH FROM:5/20/2026 TO:7/1/2026 CITY OF YORKVILLE Item No.Items Unit Quantity Contract Unit Price Awarded Amount Added Quantity Deducted Quantity Completed Quantity This Pay Period Completed Value This Pay Period Total Completed Quantity Total Completed Value 1 TREE REMOVAL AC 0.6 $20,000.00 12,000.00$ 0 $0.00 0.6 $12,000.00 2 CONNECTION TO EXISTING WATER MAIN, 12-INCH EACH 3 $5,000.00 15,000.00$ 0 $0.00 3 $15,000.00 3 CONNECTION TO EXISTING WATER MAIN, 16-INCH EACH 1 $5,500.00 5,500.00$ 0 $0.00 1 $5,500.00 4 WATER MAIN, CLASS 52, WITH POLYETHYLENE WRAP, 12-INCH LF 1405 $110.00 154,550.00$ 67 0 $0.00 1338 $147,180.00 5 WATER MAIN, D.I.P., CLASS 52, WITH POLYETHYLENE WRAP, 16-INCH LF 11443 $139.00 1,590,577.00$ 5 0 $0.00 11448 $1,591,272.00 6 GATE VALVE (RESILIENT SEAT) IN 60"VAULT, 12-INCH EACH 3 $8,200.00 24,600.00$ 2 0 $0.00 1 $8,200.00 7 BUTTERFLY VALVE AND VALVE VAULT, 16-INCH EACH 18 $9,200.00 165,600.00$ 1 0 $0.00 17 $156,400.00 8 PRESSURE CONNECTION, 12"EACH 2 $5,800.00 11,600.00$ 2 0 $0.00 0 $0.00 9 FIRE HYDRANT ASSEMBLY, WITH AUXILIARY VALVE, 6-INCH MJ EACH 18 $9,500.00 171,000.00$ 0 $0.00 18 $171,000.00 10 WATER MAIN TO BE REMOVED LF 1208 $10.00 12,080.00$ 1114 0 $0.00 94 $940.00 11 FIRE HYDRANT TO BE REMOVED EACH 2 $750.00 1,500.00$ 0 $0.00 2 $1,500.00 12 DUCTILE IRON FITTINGS LB 13525 $0.01 135.25$ 2924 0 $0.00 10601 $106.01 13 WATER MAIN PROTECTION, PVC C-900, 18-INCH LF 87 $85.00 7,395.00$ 23 0 $0.00 64 $5,440.00 14 STEEL CASING PIPE, 30-INCH (.3" WALL THICKNESS) BORED AND JACKED LF 190 $904.00 171,760.00$ 86 0 $0.00 276 $249,504.00 15 NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL - TYPE 1 TONS 200 $10.00 2,000.00$ 200 0 $0.00 0 $0.00 16 NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL - TYPE 2 TONS 200 $10.00 2,000.00$ 200 0 $0.00 0 $0.00 17 FOUNDATION MATERIAL CY 200 $1.00 200.00$ 200 0 $0.00 0 $0.00 18 EXPLORATORY EXCAVATION EACH 6 $500.00 3,000.00$ 7 0 $0.00 13 $6,500.00 19 VALVE VAULT TO BE ABANDONED EACH 1 $750.00 750.00$ 1 0 $0.00 0 $0.00 20 VALVE VAULT TO BE REMOVED EACH 3 $750.00 2,250.00$ 1 0 $0.00 2 $1,500.00 21 WATER MAIN TESTING - PRESSURE AND DISINFECTION LSUM 1 $40,000.00 40,000.00$ 0 $0.00 1 $40,000.00 22 FULL DEPTH PAVEMENT PATCHING SY 90 $180.00 16,200.00$ 102.1 0 $0.00 192.1 $34,578.00 23 COMBINATION CONCRETE CURB AND GUTTER REMOVAL AND REPLACEMENT LF 40 $145.00 5,800.00$ 61 0 $0.00 101 $14,645.00 24 AGGREGATE DRIVEWAY REMOVAL AND REPLACEMENT SY 21 $50.00 1,050.00$ 4 0 $0.00 17 $850.00 25 SIGN TO BE REMOVED AND RESET EACH 1 $350.00 350.00$ 1 0 $0.00 2 $700.00 26 STABILIZED CONSTRUCTION ENTRANCE EACH 4 $2,500.00 10,000.00$ 0 $0.00 4 $10,000.00 27 INLET PROTECTION EACH 9 $250.00 2,250.00$ 4 0 $0.00 5 $1,250.00 28 PERIMETER EROSION BARRIER LF 12848 $2.30 29,550.40$ 1633 0 $0.00 11215 $25,794.50 29 PIPE CULVERT REMOVAL AND REPLACEMENT LF 30 $80.00 2,400.00$ 0 $0.00 30 $2,400.00 30 FENCE REMOVAL AND REPLACEMENT LF 155 $30.00 4,650.00$ 155 0 $0.00 0 $0.00 31 TEMPORARY CONSTRUCTION FENCE LF 155 $5.00 775.00$ 155 0 $0.00 0 $0.00 32 RAILROAD TRACK REMOVAL LF 125 $15.00 1,875.00$ 125 0 $0.00 0 $0.00 33 DRAIN TILE REPLACEMENT LF 200 $40.00 8,000.00$ 191 0 $0.00 9 $360.00 34 RESTORATION LSUM 1 $80,000.00 80,000.00$ 0 $0.00 1 $80,000.00 35 RAILROAD PROTECTIVE LIABILITY INSURANCE L SUM 1 $9,000.00 9,000.00$ 0 $0.00 1 $9,000.00 36 TRAFFIC CONTROL AND PROTECTION LSUM 1 $14,000.00 14,000.00$ 0 $0.00 1 $14,000.00 37 ALLOWANCE - ITEMS ORDERED BY THE ENGINEER UNIT 100000 $1.00 100,000.00$ 0 $0.00 0 $0.00 VALUE AWARDED:2,679,397.65$ VALUE COMPLETED - THIS REQUEST:$0.00 - TO DATE:$2,605,619.51 MISCELLANEOUS EXTRAS AND CREDITS Units Unit Price VALUES SUMMARY 1 AUP 1 12" Valve Installation 2.00 6,788.82$ $13,577.64 TOTAL MISCELLANEOUS EXTRAS AND CREDITS $166,223.28 2 AUP 2 Temporary Seed 2.32 3,192.00$ $7,405.44 TOTAL COMPLETED CONSTRUCTION COSTS $2,771,842.79 3 Wilson and Company Railroad Flagging 9339.75 1.00$ $9,339.75 DEDUCT RETAINAGE (RESTORATION)$0.00 4 Air Release Valve Installation - 80%0.80 131,336.00$ $105,068.80 TOTAL AMOUNT DUE TO CONTRACTOR $2,771,842.79 5 Air Release Valve Installation - 20%0.20 131,336.00$ $26,267.20 TOTAL DEBITS $2,757,278.34 6 Additional Landscaping 1.00 4,564.45$ $4,564.45 NET AMOUNT DUE - THIS PAYMENT $14,564.45 DEBITS VALUES 1 Pay Estimate No. 1 $986,578.35 PREPARED BY: 2 Pay Estimate No. 2 $1,050,762.08 3 Pay Estimate No. 3 $425,680.81 4 Pay Estimate No. 4 $93,842.83 APPROVED BY: 5 Pay Estimate No. 5 $101,916.74 6 Pay Estimate No. 6 $98,497.53 ENGINEERING ENTERPRISES, INC. 52 WHEELER ROAD SUGAR GROVE, ILLINOIS 60554 PAY PERIOD Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Economic Development Police Public Works Parks and Recreation Agenda Item Number New Business #7 Tracking Number PW 2026-62 Bluestem Water Main Improvements – Change Order No. 3 (Final Balancing) Public Works Committee – July 21, 2026 Majority Consideration of Approval Please see the attached memo. Brad Sanderson Engineering Name Department The purpose of this memo is to present Change Order No. 3 for the above-referenced project. A Change Order, as defined by the General Conditions of the Contract Documents, is a written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents, or authorizing an adjustment in the Contract Price or Contract Time. Background: The United City of Yorkville entered into an agreement with Winninger Excavating, Inc. for the construction of the Bluestem Water Main Improvements project for a contract value of $465,646.09. During construction, it was discovered that the water main needed to be upsized through Prairie Meadows Drive (one more block to the east) to provide transmission capacity consistent with the Lake Michigan water distribution modifications. Change Order 1 increased the Contract value by $177,037.25 for this purpose, to a value of $642,683.34. This is the “bid value” shown in the attached estimate. Additionally, later during construction, it was discovered that the existing main at the western limits was undersized at the planned connection point that was designed based upon as-built plans. As a result, additional main was required to connect to the existing main further north where the diameter was a sufficient size to facilitate adequate flow capacity to the Bluestem water main. Chage Order 2 increased the Contract value by $100,000.00 for this purpose. Currently, the Contract value stands at $742,683.34. Question Presented: Should the City approve Change Order No. 3 which would decrease the Contract Value by $84,216.56? Discussion: This Change Order is a final balancing change order. Due to final measurement of Contract quantities and the inclusion of previous change orders, there will be a net deduction from the current Contract value in this final balancing. The final Contract value will be $658,466.78. Action Required: Consideration of approval of Change Order No. 3 to decrease the contract value by $84,216.56. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Erin Willrett, Assistant City Administrator Rob Fredrickson, Finance Director Jori Contrino, City Clerk Date: July 1, 2026 Subject: Bluestem Water Main Improvements Change Order No. 3 L:\Agendas - Packets\Packets\2026 Packets\Public Works\07-21-26\Bluestem Water Main Improvements Change Ord 3\YO2420 Change Order 3.doc CHANGE ORDER Order No. 3 – FINAL BALANCING Date: July 1, 2026 Agreement Date: 3/31/2025 NAME OF PROJECT: Bluestem Water Main Improvements OWNER: United City of Yorkville CONTRACTOR: Winninger Excavating Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: 1. Final Balancing $ (84,216.56) Change of CONTRACT PRICE: Original CONTRACT PRICE: $ 465,646.09 Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $ 742,683.34 The CONTRACT PRICE due to this CHANGE ORDER will be (increased)(decreased) by: $ (84,216.56) The new CONTRACT PRICE including this CHANGE ORDER will be: $ 658,466.78 Justification: 1. This Change Order is a final balancing change order based upon final quantities as measured in the field Change to CONTRACT TIME: The contract time is increased/decreased by 0 days. Requested by: _ United City of Yorkville. Recommended by: Engineering Enterprises, Inc. Accepted by: Winninger Excavating, Inc _ PAYABLE TO:WINNINGER EXCAVATING, INC. ADDRESS:8845 Schoger Drive FROM:9/18/2025 TO:7/1/2026 Naperville, IL 60564 IMPROVEMENTS COMPLETED COMPLETED TOTAL TOTAL ITEM AWARDED ADDED DEDUCTED UNIT QUANTITY THIS VALUE THIS COMPLETED COMPLETED NO.ITEMS UNIT QUANTITY VALUE QUANTITY QUANTITY PRICE PAY PERIOD PAY PERIOD QUANTITY VALUE 1 WATER MAIN, CLASS 52, WITH POLYETHYLENE WRAP, 16-INCH LF 1,073 311,170.00$ 113 290.00$ -$ 1186 343,940.00$ 2 WATER MAIN, CLASS 52, WITH POLYETHYLENE WRAP, 8-INCH LF 86 17,200.00$ 1 200.00$ -$ 87 17,400.00$ 3 CONNECTION TO EXISTING WATER MAIN, 16-INCH EACH 1 8,000.00$ 8,000.00$ -$ 1 8,000.00$ 4 CONNECTION TO EXISTING WATER MAIN, 12-INCH EACH 1 7,100.00$ 7,100.00$ -$ 1 7,100.00$ 5 CONNECTION TO EXISTING WATER MAIN, 8-INCH EACH 3 14,100.00$ 4,700.00$ -$ 3 14,100.00$ 6 BUTTERFLY VALVE IN 60" VAULT, 16-INCH EACH 3 33,000.00$ 11,000.00$ -$ 3 33,000.00$ 7 GATE VALVE IN 60" VAULT, 8-INCH EACH 1 7,000.00$ 1 7,000.00$ -$ 2 14,000.00$ 8 VALVE VAULT TO BE ABANDONED EACH 2 1,500.00$ 1 750.00$ -$ 1 750.00$ 9 VALVE VAULT TO BE REMOVED EACH 0 -$ 1 750.00$ -$ 1 750.00$ 10 FIRE HYDRANT ASSEMBLY, WITH AUXILIARY VALVE, 6-INCH MJ EACH 2 24,000.00$ 12,000.00$ -$ 2 24,000.00$ 11 FIRE HYDRANT TO BE REMOVED EACH 2 2,000.00$ 1,000.00$ -$ 2 2,000.00$ 12 DUCTILE IRON FITTINGS LB 4,234 42.34$ 376 0.01$ -$ 3858 38.58$ 13 WATER MAIN PROTECTION, PVC C-900, 24-INCH LF 63 6,300.00$ 63 100.00$ -$ 0 -$ 14 WATER SERVICE PIPE, PEX, 1-INCH LF 547 2,188.00$ 13 4.00$ -$ 534 2,136.00$ 15 WATER SERVICE CONNECTION, 1-INCH EACH 22 55,000.00$ 2 2,500.00$ -$ 20 50,000.00$ 16 NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL TON 20 900.00$ 20 45.00$ -$ 0 -$ 17 SANITARY SEWER SERVICE REPAIR, PVC SDR-26, D-2241, 6-INCH EACH 1 2,000.00$ 1 2,000.00$ -$ 0 -$ 18 DISCONNECT AND ABANDON EXISTING WATER MAIN EACH 6 12,000.00$ 2,000.00$ -$ 6 12,000.00$ 19 INLET PROTECTION EACH 11 1,100.00$ 100.00$ -$ 11 1,100.00$ 20 WATER MAIN TESTING - PRESSURE AND DISINFECTION LSUM 1 2,500.00$ 1 2,500.00$ -$ 2 5,000.00$ 21 FOUNDATION MATERIAL CY 30 300.00$ 30 10.00$ -$ 0 -$ 22 EXPLORATORY EXCAVATION EACH 2 1,000.00$ 500.00$ -$ 2 1,000.00$ 23 HOT-MIX ASPHALT DRIVEWAY REMOVAL AND REPLACEMENT SY 28 2,800.00$ 100.00$ -$ 28 2,800.00$ 24 HOT-MIX ASPHALT PAVEMENT REMOVAL, 4-INCH SY 828 3,312.00$ 52 4.00$ -$ 880 3,520.00$ 25 HOT-MIX ASPHALT PAVEMENT REMOVAL, 6-INCH SY 52 676.00$ 70 13.00$ -$ 122 1,586.00$ 26 HOT-MIX ASPHALT PAVEMENT PATCH, 4-INCH SY 828 33,120.00$ 52 40.00$ -$ 880 35,200.00$ 27 HOT-MIX ASPHALT PAVEMENT PATCH, 6-INCH SY 52 6,500.00$ 70 125.00$ -$ 122 15,250.00$ 28 PCC SIDEWALK REMOVAL AND REPLACEMENT SF 475 9,500.00$ 150 20.00$ -$ 325 6,500.00$ 29 COMBINATION CONCRETE CURB AND GUTTER REMOVAL AND REPLACEMENT LF 285 18,525.00$ 112 65.00$ -$ 173 11,245.00$ 30 MAILBOX TO BE REMOVED AND RESET EACH 6 1,200.00$ 6 200.00$ -$ 0 -$ 31 RESTORATION SY 510 7,650.00$ 15.00$ -$ 510 7,650.00$ 32 TRAFFIC CONTROL AND PROTECTION LSUM 1 26,000.00$ 26,000.00$ -$ 1 26,000.00$ 33 ALLOWANCE - ITEMS ORDERED BY THE ENGINEER UNIT 25,000 25,000.00$ 1.00$ -$ 0 -$ 642,683.34$ -$ - TO DATE:646,065.58$ MISCELLANEOUS ADDITIONS QUANTITY UNIT PRICE VALUES SUMMARY 1 8" Gate Valve W/Mega and Labor 1 3,511.00$ 3,511.00$ TOTAL MISCELLANEOUS EXTRAS AND CREDITS 12,401.20$ 2 Down time for tie-in to existing water main 1 5,436.20$ 5,436.20$ TOTAL COMPLETED CONSTRUCTION COSTS 658,466.78$ 3 Additional landscaping and watering 1 3,454.00$ 3,454.00$ DEDUCT RETAINAGE (5%)-$ 4 TOTAL AMOUNT DUE TO CONTRACTOR 658,466.78$ 5 TOTAL DEBITS 617,097.75$ NET AMOUNT DUE - THIS PAYMENT 41,369.03$ DEBITS VALUES 1 Pay Estimate 1 361,403.75$ 2 Pay Estimate 2 90,692.87$ 3 Pay Estimate 3 165,001.13$ PREPARED BY: 4 5 ENGINEERING ENTERPRISES, INC.APPROVED BY: 52 WHEELER ROAD SUGAR GROVE, ILLINOIS 60554 https://eeiweb.sharepoint.com/sites/G/Documents/Public/Yorkville/2024/YO2420-P LM-Blue Stem Water Main Improvements/Construction/Pay Estimates/[YO2420-Pay Estimate.xlsx]Pay Est No. 4 ENGINEERS PAYMENT ESTIMATE NO. 4 - FINAL PAY PERIOD BLUESTEM WATER MAIN UNITED CITY OF YORKVILLE BID VALUE AWARDED:VALUE COMPLETED - THIS REQUEST: Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Economic Development Police Public Works Parks and Recreation Agenda Item Number New Business #8 Tracking Number PW 2026-63 East Alley Water Main Improvements – Change Order No. 2 (Final Balancing) Public Works Committee – July 21, 2026 Majority Consideration of Approval Please see the attached memo. Brad Sanderson Engineering Name Department The purpose of this memo is to present Change Order No. 2 for the above-referenced project. A Change Order, as defined by the General Conditions of the Contract Documents, is a written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents, or authorizing an adjustment in the Contract Price or Contract Time. Background: The United City of Yorkville entered into an agreement with Winninger Excavating, Inc. for the construction of the East Alley Water Main Improvements project for a contract value of $728,481.65. During the beginning part of construction, a large water main break occurred on Crooked Creek Drive. This entire section of water main was found to be in an advanced state of decay. Change Order 1 increased the Contract value by $92,920 for the replacement of this main, to a value of $821,401.65. The $92,920 is the “awarded value” and the quantities installed for this effort are shown in the attached “Crooked Creek Water Main Addition” estimate, as also referenced and summed under “Miscellaneous Extras and Credits” portion of the master pay estimate sheet for the “East Alley Water Main Improvements”. Question Presented: Should the City approve Change Order No. 2 which would decrease the Contract Value by $259,145.15? Discussion: This Change Order is a final balancing change order. Due to final measurement of Contract quantities and the inclusion of previous change orders, there will be a net deduction from the current Contract value in this final balancing. This project had several more unknowns than normal underground utility projects. The design of the project was conservative to lessen the risk of contract overruns. The majority of cost savings came from sanitary sewer and sewer service-related items, (approximately $87,000). Through exploration (excavation) of the sanitary sewer system, it was found that several services were abandoned, and the layout and condition of other services required far less work than was anticipated. This was coordinated with Public Works. The next significant savings came from soil conditions, (approximately $39,000). In depth testing by Terracon and historical data showed extensive contaminated soil potential, however spoil samples by Rubino showed less contamination. We chose to be conservative during design and assumed a large amount of removal, however, we were fortunate that the soils proved cleaner and we did not have to truck a large amount of material to a certified landfill. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Erin Willrett, Assistant City Administrator Rob Fredrickson, Finance Director Jori Contrino, City Clerk Date: July 2, 2026 Subject: East Alley Water Main Improvements Change Order No. 2 There was also an assumption that rock excavation would be necessary based on the geotechnical reports. Ultimately the rock encountered was soft and did not require additional efforts to remove. The remaining deductions were spread throughout other Contract pay items. Due to the above Contract deductions, the final Contract value will be $562,256.50. Action Required: Consideration of approval of Change Order No. 2 to decrease the contract value by $259,145.15. L:\Agendas - Packets\Packets\2026 Packets\Public Works\07-21-26\East Alley Water Main Improvements\YO2457 Change Order 2.doc CHANGE ORDER Order No. 2 – FINAL BALANCING Date: July 28, 2026 Agreement Date: 8/28/2025 NAME OF PROJECT: East Alley Water Main Improvements OWNER: United City of Yorkville CONTRACTOR: Winninger Excavating Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: 1. Final Balancing $ (259,145.15) Change of CONTRACT PRICE: Original CONTRACT PRICE: $ 728,481.65 Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $ 821,401.65 The CONTRACT PRICE due to this CHANGE ORDER will be (increased)(decreased) by: $ (259,145.15) The new CONTRACT PRICE including this CHANGE ORDER will be: $ 562,256.50 Justification: 1. This Change Order is a final balancing change order based upon final quantities as measured in the field Change to CONTRACT TIME: The contract time is increased/decreased by 0 days. Requested by: _ United City of Yorkville. Recommended by: Engineering Enterprises, Inc. Accepted by: Winninger Excavating, Inc. _ PAYABLE TO: Winninger Excavating ADDRESS: 8845 SCHOGER DRIVE NAPERVILLE, IL 60564 FROM:1/30/2026 TO:7/1/2026 COMPLETED COMPLETED TOTAL TOTAL ITEM AWARDED ADDED DEDUCTED UNIT QUANTITY THIS VALUE THIS COMPLETED COMPLETED NO.ITEMS UNIT QUANTITY VALUE QUANTITY QUANTITY PRICE PAY PERIOD PAY PERIOD QUANTITY VALUE 1 WATER MAIN, D.I.P., CLASS 52, WITH POLYETHYLENE WRAP, 6-INCH FOOT 55 12,650.00$ 9.0 230.00$ 0.0 -$ 46.0 10,580.00$ 2 WATER MAIN, D.I.P., CLASS 52, WITH POLYETHYLENE WRAP, 8-INCH FOOT 300 75,000.00$ 49.5 250.00$ 0.0 -$ 250.5 62,625.00$ 3 WATER MAIN, D.I.P., CLASS 53, WITH POLYETHYLENE WRAP, 8-INCH, HDSS RESTRAINED FOOT 65 5,850.00$ 5.0 90.00$ 0.0 -$ 60.0 5,400.00$ 4 24" STEEL CASING PIPE, BORE AND JACKED FOOT 65 130,000.00$ 12.5 2,000.00$ 0.0 -$ 52.5 105,000.00$ 5 CONNECTION TO EXISTING WATER MAIN, 8-INCH EACH 1 5,000.00$ 5,000.00$ 0.0 -$ 1.0 5,000.00$ 6 DISCONNECT AND ABANDON EXISTING WATER MAIN EACH 1 3,500.00$ 3,500.00$ 0.0 -$ 1.0 3,500.00$ 7 GATE VALVE (RESILIENT SEAT) IN 48" VAULT, 6-INCH EACH 1 6,500.00$ 1.0 6,500.00$ 0.0 -$ 0.0 -$ 8 GATE VALVE (RESILIENT SEAT) IN 60" VAULT, 8-INCH EACH 1 8,500.00$ 8,500.00$ 0.0 -$ 1.0 8,500.00$ 9 PRESSURE CONNECTION WITH TAPPING SLEEVE, 8" TAPPING VALVE IN 60' VALVE VAULT EACH 1 15,000.00$ 1.0 15,000.00$ 0.0 -$ 0.0 -$ 10 VALVE VAULT TO BE ABANDONED EACH 1 1,000.00$ 1,000.00$ 0.0 -$ 1.0 1,000.00$ 11 DUCTILE IRON FITTINGS POUND 500 4,000.00$ 201.0 8.00$ 0.0 -$ 299.0 2,392.00$ 12 FIELD LOK GASKETS, 8-INCH EACH 4 600.00$ 150.00$ 0.0 -$ 4.0 600.00$ 13 FIELD LOK GASKETS, 6-INCH EACH 2 240.00$ 1.0 120.00$ 0.0 -$ 1.0 120.00$ 14 WATER MAIN PROTECTION, 16" PVC FOOT 21 4,200.00$ 13.0 200.00$ 0.0 -$ 8.0 1,600.00$ 15 WATER SERVICE PIPE, PEX, 1-INCH FOOT 250 750.00$ 150.0 3.00$ 0.0 -$ 100.0 300.00$ 16 WATER SERVICE CONNECTION, 1-INCH EACH 13 39,000.00$ 4.0 3,000.00$ 0.0 -$ 9.0 27,000.00$ 17 SERVICE BOX COVER (SPECIAL)EACH 27 5,400.00$ 14.0 200.00$ 0.0 -$ 13.0 2,600.00$ 18 CONCRETE RETAINING WALL REMOVAL FOOT 6.0 6,000.00$ 5.0 1,000.00$ 0.0 -$ 1.0 1,000.00$ 19 NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL TONS 275 16,500.00$ 275.0 60.00$ 0.0 -$ 0.0 -$ 20 ROCK EXCAVATION CUYD 100 22,500.00$ 100.0 225.00$ 0.0 -$ 0.0 -$ 21 SANITARY SEWER SERVICE REPAIR, PVC SDR-26, D-2241, 6-INCH EACH 3 2,250.00$ 1.0 750.00$ 0.0 -$ 2.0 1,500.00$ 22 SANITARY SEWER SERVICE PIPE, PVC SDR-26 FOOT 150 22,500.00$ 113.0 150.00$ 0.0 -$ 37.0 5,550.00$ 23 TYPE A SANITARY MANHOLE, 4' DIA, TYPE 1 FRAME AND CLOSED LID EACH 1 10,000.00$ 10,000.00$ 0.0 -$ 1.0 10,000.00$ 24 SANITARY MANHOLE VACUUM TESTING EACH 1 250.00$ 250.00$ 0.0 -$ 1.0 250.00$ 25 ADDITIONAL DEPTH OF MANHOLE FOOT 5 6,000.00$ 5.0 1,200.00$ 0.0 -$ 0.0 -$ 26 LATERAL LAUNCH SANITARY SERVICE EACH 14 3,500.00$ 5.0 250.00$ 0.0 -$ 9.0 2,250.00$ 27 INSTALL SANITARY SEWER SERVICE CLEANOUT EACH 14 23,800.00$ 10.0 1,700.00$ 0.0 -$ 4.0 6,800.00$ 28 CURED-IN-PLACE HEAT CURED PIPE LINING, 4 OR 6-INCH FOOT 580 78,300.00$ 391.0 135.00$ 189.0 25,515.00$ 189.0 25,515.00$ 29 INLET PROTECTION EACH 3 750.00$ 3.0 250.00$ 0.0 -$ 0.0 -$ 30 WATER MAIN TESTING - PRESURE AND DISINFECTION LSUM 1 8,500.00$ 8,500.00$ 0.0 -$ 1.0 8,500.00$ 31 FOUNDATIONAL MATERIAL CUYD 35 700.00$ 35.0 20.00$ 0.0 -$ 0.0 -$ 32 EXPLORATORY EXCAVATION EACH 5 3,250.00$ 2.0 650.00$ 0.0 -$ 3.0 1,950.00$ 33 HOT-MIX ASPHALT PAVEMENT REMOVAL SQYD 550 8,250.00$ 105.0 15.00$ 0.0 -$ 445.0 6,675.00$ 34 PARTIAL DEPTH PAVEMENT PATCHING, 4"SQYD 550 23,375.00$ 105.0 42.50$ 0.0 -$ 445.0 18,912.50$ 35 HOT-MIX ASPHALT SURFACE COURSE, MIX 'D', N50 TONS 300 39,000.00$ 58.4 130.00$ 0.0 -$ 241.6 31,408.00$ 36 PREPARATION OF BASE SQYD 750 3,375.00$ 750.0 4.50$ 0.0 -$ 0.0 -$ 37 BITUMINOUS MATERIALS (TACK COAT)POUND 165 1.65$ 165.0 0.01$ 0.0 -$ 0.0 -$ 38 AGGREGATE WEDGE SHOULDER, TYPE B TONS 20 2,500.00$ 16.0 125.00$ 4.0 500.00$ 4.0 500.00$ 39 PORTLAND CEMENT CONCRETE PAVEMENT REMOVAL AND REPLACEMENT SQYD 15 7,500.00$ 3.5 500.00$ 0.0 -$ 18.5 9,250.00$ 40 PORTLAND CEMENT CONCRETE SIDEWALK REMOVAL AND REPLACEMENT SQFT 200 4,400.00$ 53.0 22.00$ 0.0 -$ 147.0 3,234.00$ 41 COMBINATION CONCRETE CURB AND GUTTER REMOVAL AND REPLACEMENT FOOT 15 2,100.00$ 14.0 140.00$ 29.0 4,060.00$ 29.0 4,060.00$ 42 PAINT PAVEMENT MARKING - LETTERS AND SYMBOLS SQFT 50 1,750.00$ 50.0 35.00$ 0.0 -$ 0.0 -$ 43 PAINT PAVEMENT MARKING - LINE 4"FOOT 260 1,040.00$ 260.0 4.00$ 0.0 -$ 0.0 -$ 44 RAILROAD FLAGGERS ALLOWANCE UNIT 7,200 7,200.00$ 7200.0 1.00$ 0.0 -$ 0.0 -$ 45 RAILROAD INSURANCE LSUM 1 9,000.00$ 9,000.00$ 0.0 -$ 1.0 9,000.00$ 46 RAILROAD RIGHT OF ENTRY PERMIT FEE UNIT 5,000 5,000.00$ 5000.0 1.00$ 0.0 -$ 0.0 -$ 47 RESTORATION SQYD 10 1,000.00$ 64.0 100.00$ 74.0 7,400.00$ 74.0 7,400.00$ 48 TRAFFIC CONTROL AND PROTECTION LSUM 1 61,000.00$ 61,000.00$ 0.0 -$ 1.0 61,000.00$ 49 ALLOWANCE - ITEMS ORDERED BY ENGINEER UNIT 30,000 30,000.00$ 1.00$ 0.0 -$ 0.0 -$ 728,481.65$ 37,475.00$ - TO DATE:450,971.50$ MISCELLANEOUS EXTRAS AND CREDITS QUANTITY UNIT PRICE VALUES SUMMARY 1 AUP 1: Furnish and Install 12”x8” Tapping Sleeve and Valve in Box 1 12,780.00$ 12,780.00$ TOTAL MISCELLANEOUS ADDITIONS 111,285.00$ 2 Crooked Creek Water Main Addition (See Attached Pay Estimate for Crooked Creek)1.05 92,920.00$ 97,290.00$ TOTAL COMPLETED CONSTRUCTION COSTS 562,256.50$ 3 Crooked Creek Surface Asphalt Patching 13.5 90.00$ 1,215.00$ DEDUCT RETAINAGE 0%$0 4 -$ TOTAL AMOUNT DUE TO CONTRACTOR 562,256.50$ 5 -$ TOTAL DEBITS 471,209.85$ NET AMOUNT DUE - THIS PAYMENT 91,046.65$ DEBITS VALUES 1 Pay Estimate 1 189,349.20$ 2 Pay Estimate 2 281,860.65$ 3 -$ PREPARED BY: 4 -$ 5 -$ ENGINEERING ENTERPRISES, INC.APPROVED BY: 52 WHEELER ROAD SUGAR GROVE, ILLINOIS 60554 https://eeiweb.sharepoint.com/sites/G/Documents/Public/Yorkville/2024/YO2457-P East Alley Water Main Improvements-Design/Construction/Pay Estimates and Quantities/[YO2457 Pay Estimate.xlsx]Pay Est No. 3 BID VALUE AWARDED: ENGINEERS PAYMENT ESTIMATE NO. 3 PAY PERIOD EAST ALLEY WATER MAIN IMPROVEMENTS UNITED CITY OF YORKVILLE PAYABLE TO: WINNINGER EXCAVATING ADDRESS: 8845 SCHOGER DRIVE NAPERVILLE, IL 60564 FROM:1/30/2026 TO:7/1/2026 COMPLETED COMPLETED TOTAL TOTAL ITEM AWARDED ADDED DEDUCTED UNIT QUANTITY THIS VALUE THIS COMPLETED COMPLETED NO.ITEMS UNIT QUANTITY VALUE QUANTITY QUANTITY PRICE PAY PERIOD PAY PERIOD QUANTITY VALUE 1 WATER MAIN R&R, 8-INCH FOOT 105 34,650.00$ 2.0 330.00$ 107.0 35,310.00$ 107.0 35,310.00$ 2 WATER SERVICE CONNECTION EACH 4 10,000.00$ 2,500.00$ 4.0 10,000.00$ 4.0 10,000.00$ 3 TBF, CA-7 (CAPPED WITH CA-6)CUYD 120 7,800.00$ 24.0 65.00$ 96.0 6,240.00$ 96.0 6,240.00$ 4 CLASS D PATCH, 4-INCH SQYD 85 7,650.00$ 1.0 90.00$ 86.0 7,740.00$ 86.0 7,740.00$ 5 CURB AND GUTTER REMOVAL AND REPLACEMENT FOOT 12 1,320.00$ 12.0 110.00$ 0.0 -$ 0.0 -$ 6 INSERTA-VALVE, 8-INCH EACH 1 12,000.00$ 1.0 12,000.00$ 2.0 24,000.00$ 2.0 24,000.00$ 7 STORM SEWER R&R LSUM 1 2,500.00$ 1.0 2,500.00$ 0.0 -$ 0.0 -$ 8 INSTALL VALVE RESTRAINT LSUM 1 3,000.00$ 1.0 3,000.00$ 0.00 -$ 0.0 -$ 9 EXPLATORY EXCAVATION LSUM 1 4,000.00$ 4,000.00$ 1.0 4,000.00$ 1.0 4,000.00$ 10 MOBILIZATION LSUM 1 10,000.00$ 10,000.00$ 1.0 10,000.00$ 1.0 10,000.00$ 92,920.00$ 97,290.00$ - TO DATE:97,290.00$ MISCELLANEOUS EXTRAS AND CREDITS QUANTITY UNIT PRICE VALUES SUMMARY 1 TOTAL MISCELLANEOUS ADDITIONS -$ 2 TOTAL COMPLETED CONSTRUCTION COSTS 97,290.00$ 3 DEDUCT RETAINAGE -$ 4 TOTAL AMOUNT DUE TO CONTRACTOR 97,290.00$ 5 TOTAL DEBITS -$ NET AMOUNT DUE - THIS PAYMENT 97,290.00$ DEBITS VALUES 1 2 3 PREPARED BY: 4 5 ENGINEERING ENTERPRISES, INC.APPROVED BY: 52 WHEELER ROAD SUGAR GROVE, ILLINOIS 60554 https://eeiweb.sharepoint.com/sites/G/Documents/Public/Yorkville/2024/YO2457-P East Alley Water Main Improvements-Design/Construction/Pay Estimates and Quantities/[YO2457 Pay Estimate.xlsx]Crooked Creek BID VALUE AWARDED:VALUE COMPLETED - THIS REQUEST: ENGINEERS PAYMENT ESTIMATE PAY PERIOD CROOKED CREEK WATER MAIN ADDITION UNITED CITY OF YORKVILLE Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Economic Development Police Public Works Parks and Recreation Agenda Item Number New Business #9 Tracking Number PW 2026-64 Corrosion Control Study – Lake Michigan Water Source Transfer Plan Agreement Public Works Committee – July 21, 2026 Majority Approval Please see the attached memo. Eric Dhuse Public Works Name Department Summary A proposed PSA from EEI for phase II of the corrosion control study. Background As part of our Lake Michigan allocation, we are required to perform a corrosion control study. The study shows us how our water and Lake Michigan water react with each other and with our piping system. This phase of the study will assist us in creating our water source transfer plan which includes but is not limited to evaluating potential impacts and mitigation due to the change in flow direction with the change in entry points to the distribution system, evaluating water age and quality including creation of a flushing plan to be used right before, during, and immediately after the switch to Lake Michigan water. In addition, and emergency well plan will be created and a process for coordinating with the IEPA in case of this event. This study is required by the IEPA to be completed 6 months prior to the connection to Lake Michigan water. The cost of these services is proposed as a not to exceed cost of $167,576. Currently, there is $187,500 in the approved budget for this item in the Water Sourcing – DWC line item. Recommendation Staff recommends approval of the PSA from EEI in an amount not to exceed $167,576. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, City Administrator Date: July 16, 2026 Subject: Corrosion Control Study Phase II Engineering PSA Resolution No. 2026-____ Page 1 Resolution No. 2026-_____ 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 prepare a Water Source Transfer Plan to safely and meet regulatory requirements for transitioning its water supply to Lake Michigan through the DuPage Water Commission (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 an Agreement Resolution No. 2026-____ Page 2 for Professional Services – Lake Michigan – Water Source Transfer Plan 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 ____ day of __________________, A.D. 2026. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ RUSTY CORNEILS _________ RUSTY HYETT _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2026. ______________________________ MAYOR Attest: ___________________________________ City Clerk UNITED CITY OF YORKVILLE LAKE MICHIGAN – WATER SOURCE TRANSFER PLAN PAGE 1 Agreement for Professional Services United City of Yorkville Lake Michigan – Water Source Transfer Plan 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: The Engineer shall furnish the necessary personnel, materials, equipment and expertise to make the necessary investigations, analysis and calculations along with exhibits, cost estimates and narrative, to complete all necessary engineering services to the City as indicated on the included Attachment A. Engineering services shall be provided as indicated on the Scope of Services on Attachment B. All Engineering will be in accordance with all applicable City, Standard Specifications for Water and Sewer Construction in Illinois, Illinois Environmental Protection Agency, 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. Engineering Services will be paid for as Time and Material (T&M) in an amount not to exceed $167,576. The hourly rates for this project are shown in the attached 2026 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 hereof 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 1st of that same year. UNITED CITY OF YORKVILLE LAKE MICHIGAN – WATER SOURCE TRANSFER PLAN PAGE 2 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 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 500/50-5(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 500/50-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony. UNITED CITY OF YORKVILLE LAKE MICHIGAN – WATER SOURCE TRANSFER PLAN PAGE 3 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 5/33E 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. 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 City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City 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 UNITED CITY OF YORKVILLE LAKE MICHIGAN – WATER SOURCE TRANSFER PLAN PAGE 4 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 (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 City and City’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 B.1: Supplemental Scope of Services Attachment C: Estimate of Level of Effort and Associated Cost Attachment D: Estimated Schedule Attachment E: 2026 Standard Schedule of Charges UNITED CITY OF YORKVILLE LAKE MICHIGAN – WATER SOURCE TRANSFER PLAN PAGE 5 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: For the Contractor: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 651 Prairie Pointe Drive Sugar Grove Illinois 60554 Yorkville, IL 60560 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. Agreed to this ___day of _________, 2026. United City of Yorkville Engineering Enterprises, Inc.: _________________________________ ________________________________ John Purcell Brad Sanderson, P.E. Mayor Chief Operating Officer / President _________________________________ ________________________________ Jori Contrino Angela Smith City Clerk Director of Marketing and Business Development ENGINEERING ENTERPRISES, INC. JULY 2026 PAGE 1 Attachment A: 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 contractor’s furnishing and performing of its work. The ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for contractor’s 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 contractor’s 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. ENGINEERING ENTERPRISES, INC. JULY 2026 PAGE 2 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 include, 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 set forth 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 shall 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. UNITED CITY OF YORKVILLE LAKE MICHIGAN – WATER SOURCE TRANSFER PLAN PAGE 1 Agreement for Professional Services United City of Yorkville Lake Michigan – Water Source Transfer Plan Attachment B – Scope of Services The United City of Yorkville, IL has selected Lake Michigan as their long-term sustainable water source and intends to connect to the DuPage Water Commission (DWC). The City recently completed a Corrosion Control Study required by the Illinois Environmental Protection Agency (IEPA) prior to changing water sources. The next step required by IEPA is to prepare a Water Source Transfer Plan (WSTP) for the switchover to Lake Michigan. The work in this contract is being done in conjunction with a separate joint contract between Yorkville, Montgomery, and Oswego for completing a portion of the work associated with preparing the WSTP, that will be funded through the same grant from EPA that was utilized for the Corrosion Control Study. EEI will work together with Cornwell Engineering Group (CEG), who also completed the City’s Corrosion Control Study and is familiar with their system, to prepare the WSTP. The work items that will be completed as part of this contract include: • Evaluating flow change in the system with the change in entry points to the distribution system at the new connection points for receiving DWC-Lake Michigan supply, including associated water modeling analysis • Developing flushing plan before, during, and after water source transfer as required • Emergency Well Planning, including establishing water quality monitoring and operation protocols for routine sampling, activating the wells in an emergency to reintroduce them to the system, and developing a process for coordinating with IEPA before, during, and after well activation • Meetings between EEI, CEG, and the City (number of meetings assumed to be 18, monthly, online) • Coordination between EEI and CEG, and coordination with the City and with the City’s WaterLink partners (Montgomery and Oswego), including coordination of work items between this contract and separate joint WaterLink (“Grant”) contract The scope of services to be completed by CEG are attached. The work items by EEI include the following: 1.1 Project Management and Administration – Overseeing project budget and staffing 1.2 Progress Meetings with CEG, WaterLink, and IEPA (Online, Estimated 18 Meetings Total) Water Modeling Analysis: 1.3 Model Changes in Flow Direction Using Existing Water Works System Model in WaterGEMS 1.4 Utilize Model to Support Development of Uni-Directional Flushing Program 1.5 Analyze Water Quality and Age to Support Chlorine Residual and Boosting Analysis (by CEG) Coordination and Facilitation: UNITED CITY OF YORKVILLE LAKE MICHIGAN – WATER SOURCE TRANSFER PLAN PAGE 2 1.6 Coordination with Cornwell Engineering Group and City on WSTP Work Items 1.7 Coordination with WaterLink Partners and IEPA The following items are not included in the scope of engineering services for this project: • All WSTP work items to be completed under the separate joint WaterLink contract between Yorkville, Montgomery, Oswego, and CEG (intended to be funded via EPA grant), which includes the following: o Distribution Model Water Age Estimation o Evaluate Chlorine Residual and Need for Distribution Chlorine Boosting o Evaluate Disinfection Byproduct (DBP) Formation Through the System o Plan Pre- and Post-Water Change Activities o Develop Public Education Plan and Provide Updates o Summarize Findings in a Report o Additional Study Meetings between WaterLink Communities o IEPA Coordination • Iron Pipe Study • Implementation of Water Source Switchover • Development of Initial Distribution System Evaluation (IDSE) – IEPA will issue a letter to the City after the switchover requiring completion of an IDSE including completing a revised Disinfection Byproduct Compliance Monitoring Plan, to be completed after the switchover is completed • Design or cost estimates for any improvements, including elimination of Cation Exchange Treatment and associated piping and appurtenances at each Water Treatment Plant, and associated piping modifications for modified emergency well piping connections to distribution system The above scope for the Lake Michigan – Water Source Transfer Plan summarizes the work items that will be completed for this contract. Additional work items or level of effort beyond those estimated and defined in the above scope shall be considered outside the scope of the base contract and will be billed in accordance with the Standard Schedule of Charges. 1 Attachment B.1 – Supplemental Scope of Services Yorkville WSTP Water Source Transfer Plan (WSTP) Cornwell Engineering Group, Inc. May 2026 Overview Phase 1 of the WSTP in 2019 and 2020 focused on analyzing and understanding the existing water quality in the Yorkville water distribution system as well as DuPage purchased water. Phase 2 provided the corrosion control demonstration to establish optimized corrosion control treatment (OCCT) with orthophosphate. The two major testing components were screening the options by evaluating lead solubility, then harvested pipe through flow tests were conducted to define optimum dosages of orthophosphate as compared to the delivered DuPage water. This Phase 3 evaluates the other water quality considerations related to delivering appropriately treated water and providing education and communications supporting awareness and a positive public perception of the Water Source Transfer Plan. The first eight (8) tasks of this phase are covered by the Oswego Grant. Tasks 9 through 16 are the responsibility of each grant member, in this case Yorkville, and will involve additional work and coordination by Cornwell Engineering Group and Engineering Enterprises, Inc. (EEI) including coordinating with applicable work items in the Grant contract for Tasks 1 through 8. Below is a description of each task. 2 WSTP Covered by Grant 1 Distribution Model Water Age Estimation 2 Evaluate Cl Residual and Need for Booster – Bulk Die Off 3 Evaluate DBP Formation Through the System 4 Plan Pre- and Post-Water Change Activities 5 Develop Public Education Plan and Provide Updates 6 Summarize Findings 7 PM/Meetings/Utility Specific Interactions 8 IEPA Interaction Covered by Yorkville 9 Modelling Flow Change new entry point 10 Planning Flow Change Flushing 11 Plan Emergency Wells 12 Final WSTP 13 Internal Review 14 IEPA Review 15 Implement UDF for flow change Task 9: Modeling Flow Changes in The Distribution System, and Task 10: Planning UDF Flushing for Flow Direction Changes in the Distribution System Task 9 requires modelling flow direction in the distribution system, particularly highlighting areas of the system with changes in flow direction. EEI will run the actual model using the existing model of the City’s water works system in Bentley WaterGEMS, with participation from Cornwell in understanding the model and advising on model runs to assist the planning. Task 10 is planning the UDF program based on the model results. Cornwell will serve as an advisor on this task with EEI doing the actual model runs in conjunction with our recommendations. Our role will be advising on areas needing flushing, flushing plan and schedule before, during, and after the water source transition, velocities to use, monitoring to conduct and consulting on order of flushing. We are also going to engage Confluence Engineering, a nationally known expert in distribution flushing. Task 11: Plan Emergency Wells While wells will be removed from routine service, they will remain available for emergency use. The WSTP will define: 3 • Wells that will remain available • Conditions under which emergency wells may be activated • Operational protocols for reintroduction into the system • Water quality monitoring requirements during routine sampling, both while wells are not in use/not being pumped to system (being pumped to waste for routine well testing and sampling), and during emergency use (wells being pumped to system) • Coordination procedures with IEPA prior to activation • Procedures will be established to prevent unintended operation Tasks 12-14: Finalization Tasks 12-14 includes developing the final WSTP based on information developed under the grant and the work directly with Yorkville (this contract). Internal review will take place, corrections made and the report will be delivered to IEPA. Necessary IEPA interaction is included. Task 15: Implement UDF Yorkville will conduct the flushing program. Cornwell will be available for consultation, data review and progress meetings. Implement Water Switch This is not part of the WSTP and is optional. If desired Cornwell can be available during the water switch for real time discussions on the implementation findings, sentinel home results etc. Also, after the water switch IEPA will require a new IDSE. Cornwell can assist with or conduct the new IDSE as needed. If desired we can discuss these tasks prior to the water switch. Yorkville/EEI Responsibilities. EEI will provide model runs on detention times for various flow scenarios for the future distribution system (Task 1) with assistance from Cornwell on prescribing the recommended model runs and data needed. WQ modeling is not required but if available will be requested. The end product will be the future estimated system detention times. For the UDF program, EEI will work with us on model runs. This includes current flow patterns and flow patterns and detention times after the switch. Yorkville/EEI will be responsible for the actual valve changes needed etc. to conduct the flush program and will conduct the flushing. . Yorkville/EEI will need to provide DuPage water for tasks 1, 4, 5 and 6 and pipes if the iron pipe study is conducted. Fee See attached. Yorkville Portion of WSTPESTIMATED LEVEL OF EFFORT AND FEETechnical DirectorSenior Project ManagerLab Director PMLab ManagerASST PM Engineer EngineerLab ScientistCAD/GIS TechnicianAdmin SupportEstimated Level of EffortTotal Labor BillingsTravel/ MileageMeals/ Lodging Analytical SUBOther Direct CostsTotal Direct Costs $ 260.00 $ 237.00 $ 175.00 $ 200.00 $ 117.00 $ - $ 125.00 $ 90.00 $ 90.00 $ - Water Source Transfer Plan9Model flow direction changes 4 16 45 3297 13,337$ -$ 10 Plan flow change flushing 8 32 18032,164$ 5,000$ 5,000$ 12 Plan Emergency Wells 4 8 458,265$ -$ 13-15 Final WSTP 16 24 0 90130 20,210$ 16 Implement Flushing 8 16 32 056 12,272$ PM/meetings 4 0 16 0 3252 8,240$ 0-$ -$ Total Level of Effort 44 64 0 80 0 0 392 0 32 0 335 94,488$ Estimated Direct Labor Costs11,440$ 15,168$ -$ 16,000$ -$ -$ 49,000$ -$ 2,880$ -$ 94,488$ Total Labor Billings 11,440$ 15,168$ -$ 16,000$ -$ -$ 49,000$ -$ 2,880$ -$ 94,488$ Total Direct Costs-$ -$ -$ 5,000$ -$ 5,000$ Total Labor BillingsTotal Direct CostsAllowancesTotal Billings plus Allowances-$ -$ 99,488$ Rate94,488$ 5,000$ -$ -$ ATTACHMENT C: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COSTPROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBERUnited City of YorkvilleYO2624-PPROJECT TITLEDATE PREPARED BYLake Michigan - Water Source Transfer PlanROLE PIC SPM PM PE SPT ADMINRATE $268 $254 $228 $184 $179 $79WATER SOURCE TRANSFER PLAN1.1 Project Management and Administration 8 16 24 5,792$ 1.2 Progress Meetings with CEG, WaterLink, and IEPA (Online, Estimated 18 Meetings Total) 24 24 48 11,568$ 1.3 Model Changes in Flow Direction Using Existing Water Works System Model in WaterGEMS 20 40 60 11,920$ 1.4 Utilize Model to Support Development of Uni-Directional Flushing Program 10 40 50 9,640$ 1.5 Analyze Water Quality and Age to Support Chlorine Residual and Boosting Analysis (by CEG) 10 40 50 9,640$ 1.6 Coordination with Cornwell Engineering Group and City on WSTP Work Items 6 20 20 46 9,764$ 1.7 Coordination with WaterLink Partners and IEPA6 20 20 46 9,764$ Task Subtotal: 8 36 120 160 - - 324 68,088$ 8 36 120 160 - - 324 68,088$ EEI STAFFSUBCONSULTANT EXPENSESPIC Principal In ChargeCornwell Engineering Group = 99,488$ SPM Senior Project ManagerDIRECT EXPENSES = 99,488$ PM Project ManagerPE Project EngineerLABOR SUMMARYSPT Senior Technician / GIS AnalystEEI Labor Expenses = 68,088$ ADMIN Administrative AssistantTOTAL LABOR EXPENSES68,088$ TOTAL CONTRACT COSTS 167,576$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.comPROJECT TOTAL:7/10/26 CRWTASK NO.TASK DESCRIPTIONHOURS COSTWater Modeling AnalysisCoordination and Facilitation ATTACHMENT D: ESTIMATED SCHEDULECLIENT PROJECT NUMBERYO2624-PPROJECT TITLEDATE PREPARED BY7/10/26 CRWJULAUG SEP OCT NOVDEC JAN FEB MARAPR MAYJUN JULAUG SEP OCT NOVDECWATER SOURCE TRANSFER PLAN1.11.21.3 Model Changes in Flow Direction Using Existing Water Works System Model in WaterGEMS1.41.5 Analyze Water Quality and Age to Support Chlorine Residual and Boosting Analysis (by CEG)1.6 Coordination with Cornwell Engineering Group and City on WSTP Work Items1.7 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com20272026Lake Michigan - Water Source Transfer PlanUnited City of YorkvilleTASK NO.TASK DESCRIPTIONProject Management and AdministrationProgress Meetings with CEG, WaterLink, and IEPA (Online, Estimated 18 Meetings Total)Utilize Model to Support Development of Uni-Directional Flushing ProgramCoordination with WaterLink Partners and IEPAWater Modeling AnalysisCoordination and Facilitation ENGINEERING ENTERPRISES, INC. 52 Wheeler Road, Sugar Grove, IL 60554 Ph: 630.466.6700 • Fx: 630.466.6701 www.eeiweb.com OUTSTANDING SERVICE • EVERY CLIENT • EVERY DAY EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $268.00 Principal E-3 $262.00 Senior Project Manager E-2 $254.00 Project Manager E-1 $228.00 Senior Project Engineer/Surveyor II P-6 $218.00 Senior Project Engineer/Surveyor I P-5 $203.00 Project Engineer/Surveyor P-4 $184.00 Senior Engineer/Surveyor P-3 $169.00 Engineer/Surveyor P-2 $153.00 Associate Engineer/Surveyor P-1 $139.00 Senior Project Technician II T-6 $191.00 Senior Project Technician I T-5 $179.00 Project Technician T-4 $167.00 Senior Technician T-3 $153.00 Technician T-2 $138.00 Associate Technician T-1 $120.00 Engineering/Land Surveying Intern I-1 $ 89.00 Director of Marketing and Business Development M-4 $141.00 Marketing Coordinator M-2 $105.00 Executive Administrative Assistant A-4 $ 84.00 Administrative Assistant A-3 $ 79.00 VEHICLES. DRONE, EXPERT TESTIMONY, REPROGRAPHICS AND DIRECT COSTS* Vehicle for Construction Observation $ 20.00 Unmanned Aircraft System / Unmanned Aerial Vehicle / Drone $245.00 Expert Testimony $300.00 In-House Scanning and Reproduction $0.25/Sq. Ft. (Black & White) $1.00/Sq. Ft. (Color) Reimbursable Expenses (Direct Costs) Cost Services by Others (Direct Costs) Cost + 10% *unless specified otherwise in agreement ATTACHMENT E: STANDARD SCHEDULE OF CHARGES ~ JANUARY 1, 2026 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Economic Development Police Public Works Parks and Recreation Agenda Item Number New Business #10 Tracking Number PW 2026-65 Rt 47 Improvements (Water Park Way to Carpenter) – Contract 66989 IDOT Agreement Public Works Committee – July 21, 2026 Majority Consideration of Agreement Approval Please see the attached memo. Brad Sanderson Engineering Name Department The purpose of this memo is to present the agreement for utility reimbursement. Background: The United City of Yorkville has existing water main located outside of the right-of-way that will conflict with the improvements to Rt 47. The City approved a design contract on January 28, 2025, with EEI to proceed with the design to relocate the water main. The design is nearing completion, and permits are being sought from IDOT to proceed with the work. IDOT pays for the relocation of utilities that are located outside of the existing right-of-way, that need to be moved due to their planned improvements based on their policy. Question Presented: Should the City approve the Agreement for Reimbursable Utility Adjustment as presented by IDOT. Discussion: Based on their policy, IDOT is committed to pay for the design, construction and construction engineering for water main that is currently located outside of their right-of-way. Our estimate for the construction of the total project is $3,300,033 inclusive of construction engineering. We are estimating that IDOT will be responsible for approximately 74% of the cost, which equates to $2,451,801. The City would then be responsible for the balance, which is $842,232. Most the City’s costs are related to the perpendicular crossings of the steel casing pipe and water main within the IDOT row. The City will need to front fund the improvements and seek reimbursement from the state. Action Required: Consideration of approval of the agreement. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Erin Willrett, Assistant City Administrator Rob Fredrickson, Finance Director Jori Contrino, City Clerk Date: July 16, 2026 Subject: Rt 47 Improvements (Water Park Way to Carpenter) – Contract 66989 ENGINEERS OPINION OF PROBABLE CONSTRUCTION COST JOB NO: DESIGNED: ESTIMATE PREPARED BY: DATE: PROJECT TITLE: ITEM UNIT QUANTITY TOTAL NO.UNIT PRICE QUANTITY PORTION QUANTITY PORTION AMOUNT 1 FOOT 180.00$ 228 187 33,660.00$ 41 7,380.00$ 41,040.00$ 2 FOOT 240.00$ 4,098 277 66,480.00$ 3,821 917,040.00$ 983,520.00$ 3 FOOT 205.00$ 187 187 38,335.00$ 0 -$ 38,335.00$ 4 FOOT 265.00$ 332 277 73,405.00$ 55 14,575.00$ 87,980.00$ 5 FOOT 1,100.00$ 464 464 510,400.00$ 0 -$ 510,400.00$ 6 EACH 1,500.00$ 6 0 -$ 6 9,000.00$ 9,000.00$ 7 FOOT 400.00$ 55 0 -$ 55 22,000.00$ 22,000.00$ 8 LSUM 14,000.00$ 1 0 -$ 1 14,000.00$ 14,000.00$ 9 LBS 5.00$ 12,620 2,524 12,620.00$ 10,096 50,480.00$ 63,100.00$ 10 EACH 500.00$ 39 5 2,500.00$ 34 17,000.00$ 19,500.00$ 11 CUYD 50.00$ 112 0 -$ 112 5,615.00$ 5,615.00$ 12 EACH 2,000.00$ 10 2 4,000.00$ 8 16,000.00$ 20,000.00$ 13 SQYD 50.00$ 21 0 -$ 21 1,050.00$ 1,050.00$ 14 EACH 5,000.00$ 8 0 -$ 8 40,000.00$ 40,000.00$ 15 FOOT 200.00$ 80 0 -$ 80 16,000.00$ 16,000.00$ 16 FOOT 50.00$ 80 0 -$ 80 4,000.00$ 4,000.00$ 17 FOOT 60.00$ 80 0 -$ 80 4,800.00$ 4,800.00$ 18 EACH 6,000.00$ 4 0 -$ 4 24,000.00$ 24,000.00$ 19 EACH 10,000.00$ 4 0 -$ 4 40,000.00$ 40,000.00$ 20 EACH 10,000.00$ 12 0 -$ 12 120,000.00$ 120,000.00$ 21 EACH 12,500.00$ 3 0 -$ 3 37,500.00$ 37,500.00$ 22 EACH 1,500.00$ 12 0 -$ 12 18,000.00$ 18,000.00$ 23 EACH 1,000.00$ 3 0 -$ 3 3,000.00$ 3,000.00$ 24 EACH 750.00$ 1 0 -$ 1 750.00$ 750.00$ 25 EACH 20,000.00$ 14 0 -$ 14 280,000.00$ 280,000.00$ 26 EACH 10,000.00$ 4 0 -$ 4 40,000.00$ 40,000.00$ 27 EACH 20,000.00$ 2 0 -$ 2 40,000.00$ 40,000.00$ 28 EACH 10,000.00$ 2 0 -$ 2 20,000.00$ 20,000.00$ 29 SQYD 20.00$ 19,300 0 -$ 19,300 386,000.00$ 386,000.00$ 30 FOOT 5.00$ 160 80 400.00$ 80 400.00$ 800.00$ 31 FOOT 8.00$ 80 40 320.00$ 40 320.00$ 640.00$ 32 SQFT 50.00$ 150 150 7,500.00$ 0 -$ 7,500.00$ 33 SQFT 10.00$ 150 150 1,500.00$ 0 -$ 1,500.00$ 34 LSUM 100,000.00$ 1 0.2 20,000.00$ 0.8 80,000.00$ 100,000.00$ CONSTRUCTION SUBTOTAL 771,120.00$ 2,228,910.00$ 3,000,030.00$ CONSTRUCTION ENGINEERING (10%)77,112.00$ 222,891.00$ 300,003.00$ 848,232.00$ 2,451,801.00$ 3,300,033.00$ PORTION 25.7%74.3% 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com THERMOPLASTIC PAVEMENT MARKING - LINE 6" PORTLAND CEMENT SIDEWALK, 5" SIDEWALK REMOVAL TRAFFIC CONTROL AND PROTECTION TOTAL ENGINEERS OPINION OF PROBABLE CONSTRUCTION COST THERMOPLASTIC PAVEMENT MARKING - LINE 4" CONNECTION TO EXISTING WATER MAIN 16" FIRE HYDRANT WITH 6" VALVE AND VALVE BOX FIRE HYDRANT (SPECIAL) VALVE VAULTS TO BE RETIRED WATER VALVES TO BE RETIRED DOMESTIC WATER SERVICE BOXES TO BE RETIRED VALVE VAULT, 5' DIA., WITH GATE VALVE, 16" VALVE VAULT, 5' DIA., WITH GATE VALVE, 8" VALVE VAULT, 5' DIA., WITH 16" INSERTION VALVE VALVE VAULT, 5' DIA., WITH 8" INSERTION VALVE RESTORATION CONNECTION TO EXISTING WATER MAIN 8" CASING PIPE, OPEN CUT, 24" STEEL PRESSURE TESTING AND DISINFECTION DUCTILE IRON WATER MAIN FITTINGS FIELD LOC 350 16" GASKET TRENCH BACKFILL, WATERMAIN EXPLORATION TRENCH (SPECIAL) CLASS D PATCHES, TYPE II, 6 INCH (SPECIAL) DISCONNECT AND ABANDON WATER MAIN WATER MAIN PROTECTION WATER MAIN REMOVAL 8" WATER MAIN REMOVAL 16" CITY OF YORKVILLE IDOT FIRE HYDRANTS TO BE REMOVED YO2344 GAB GAB 7/10/2026 Route 47 Utility Relocation - Carpenter St to Waterpark Way DUCTILE IRON WATER MAIN 8" DUCTILE IRON WATER MAIN 16" DUCTILE IRON WATER MAIN, MECHANICAL JOINT 8" DUCTILE IRON WATER MAIN, MECHANICAL JOINT 16" STEEL CASING PIPE, BORED AND JACKED, 30-INCH ITEM AGREEMENT FOR REIMBURSABLE UTILITY ADJUSTMENT Route FAP 326 (IL 47) Agreement No. UT326001 Section (108)R&W & [(108)HB&BR]BR,BY Contract No. 66989 County Kendall Job No. C-93-008-10 THIS AGREEMENT, entered into by and between the STATE OF ILLINOIS, acting by and through its Department of Transportation, hereinafter referred to as the STATE; and the City of Yorkville, hereinafter referred to as the "COMPANY", WITNESSETH WHEREAS, in the interest of public safety and convenience, the STATE is desirous of improving FAP Route 326 by widening and reconstruction of Illinois 47, from 0.4 miles south of Galena Road to Kennedy Road in Yorkville, IL, right-of-way acquisition, and bridge reconstruction, hereinafter referred to as PROJECT; and WHEREAS, the STATE has determined that certain adjustments must be made to a portion(s) of the COMPANY's existing facility located within the limits of and necessitated by the PROJECT, including removing and relocating two 16” water mains near Route 47 from Station Rt. 148+00 to Rt. 165+00 due to the proposed storm sewer and from Station Rt. 210+00 to Rt. 230+00 due to IDOT’s proposed cross section causing the existing water main to be at an undesirable depth; and WHEREAS, the costs associated with said adjustments are reimbursable in accordance with STATE policy; and WHEREAS, the COMPANY desires to cooperate with the STATE in the adjustment of said facility. NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter contained, the parties hereto agree as follows: 1. All aspects of this utility adjustment shall be in accordance with the Federal- Aid Policy Guide, Chapter I, Subchapter G, Part 645A&B (23 CFR 645A&B). 2. This Agreement is subject to all terms contained in the "General Provisions for Utility Adjustment Agreements" attached hereto and made a part hereof. 3. All COMPANY facilities to be relocated upon STATE right of way will be in accordance with the "Accommodation of Utilities on Right of Way of the Illinois State Highway System" (92 ILL. ADM. CODE 530) and the COMPANY will obtain from the STATE an approved permit prior to starting any work. 4. The plans, specifications and estimates as submitted for the adjusted facility are approved and no changes to these plans, specifications and estimates shall be made by the COMPANY without the written consent of the STATE. 5. The total estimated cost of adjustments to the COMPANY's facilities, as hereinabove described, is $ as shown on the detailed estimate of cost attached hereto and made a part hereof. The proportionate shares of this cost are as follows: STATE Liability %* = $ COMPANY Liability (Betterment) % = $ COMPANY Liability (other than Betterment) % = $ TOTAL 100 % = $ *Includes costs of design and construction engineering and construction observation Reimbursement for the cost of STATE’s liability will be on the basis of actual cost. It is the intent of the STATE, that all or a portion of the costs of this project will be paid or reimbursed from the proceeds of tax-exempt bonds subsequently issued by the STATE. This provision in no way constitutes an obligation of the Department to use any particular funding or to confer a contractual or other right to demand that any particular funding be used. 6. Unless this Agreement provides for one lump-sum invoice at the conclusion of the work, the COMPANY may submit progress billings for costs incurred. Progress billings may be submitted at intervals not less than monthly. These progressive invoices shall not be for amounts less than five hundred dollars ($500.00) and may be based on an estimated percentage of the work completed. The COMPANY shall provide a final and complete billing of all costs incurred, or of the agreed lump-sum, within 60 days after completion of the work. Progress and final billings will be paid after acceptance by the STATE. (Acceptance is the determination that the terms of the Agreement have been met and that the work covered by the billing is complete and acceptable.) All billings in excess of estimated costs are subject to verification and acceptance. Excess billings based upon or caused by COMPANY deviation from the approved plans, specifications and estimates made without the prior written approval, as provided in this Agreement, may not be accepted. Notwithstanding written approval of changes to the approved plans, specifications and estimates as provided, any billings in excess of the estimated costs shown in Section 5 are subject to a change authorization approval and shall not be deemed accepted until approved by the Engineer of Design and Environment. As provided by the STATE Prompt Payment Act, 30 ILCS 540, and the rules adopted in accordance with the Act, the date of acceptance shall be considered to be the date of the change authorization approval. If the parties hereto have agreed to Lump Sum Basis Reimbursement in Section 5, the STATE, upon acceptance of the final bill (to be submitted in sets of four) and verification of the completed work, shall pay to the COMPANY 100% of the amount agreed upon as STATE liability in Section 5 above less any previous partial payments. This Agreement is subject to audit. In the event of an audit, the final costs between the COMPANY and STATE shall be based upon the audit findings. Prior to the completion of the audit, the payment obligation of the STATE shall be limited to the estimated cost stated in this Agreement plus those additional costs approved in a change authorization. In cases where a change authorization is not processed, and final payment will be made based on the final audit, the STATE will pay up to the dollar amount stated in the Agreement. If the audit reveals that the COMPANY owes the STATE money, the STATE will issue an accounts receivable invoice to recover the audit findings. However, if the STATE owes additional monies to the COMPANY; the STATE will use the audit report to increase the cost stated in the Agreement. The COMPANY, upon receipt of the final audit report will submit an invoice for the monies due. As provided by the STATE Prompt Payment Act, 30 ILCS 540, and the rules adopted in accordance with the Act, the date of acceptance shall be considered the date the STATE receives the COMPANY’s invoice based on the final audit. The COMPANY shall maintain, for a minimum of 3 years after the completion of the contract, adequate books, records, and supporting documents to verify the amounts, 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 other STATE Auditors; and the COMPANY agrees to cooperate fully with any audit conducted by the Auditor General and other STATE Auditors, 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 STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 7. The COMPANY's work herein contemplated shall be subject to all appropriate Federal and State laws, rules, regulations, orders and approvals pertaining to all Agreements, plans, estimates, specifications, award of contract, acceptance of work and procedure in general as well as all those pertaining to nondiscrimination equal, employment opportunity. The COMPANY shall meet the Buy America requirements specified in 23 CFR 635.410. Upon completion of the COMPANY’s work, the COMPANY shall sign and return with its Final Invoice, the attached Certification of Compliance with Buy America. 8. COMPANY work covered by this Agreement shall not be performed without written authorization to proceed from the STATE'S District Office, Ottawa, Illinois. Any work performed prior to this authorization is considered non-reimbursable and will be the sole liability of the COMPANY. 9. Upon authorization to proceed, the COMPANY will commence its work without delay and proceed to completion expeditiously so as not to adversely impact the STATE'S PROJECT. 10. The estimated number of working days required by the COMPANY to complete the work covered under this Agreement is approximately __ working days, and the estimated completion date is ____. 11. The COMPANY's work shall be accomplished by the most cost effective means available. If, at the time of authorization, the COMPANY is unable to perform the required work with its own forces, the STATE approves the use of contract forces to carry out the work herein agreed to. Contract work not performed under a continuing contract of the COMPANY, shall be let by competitive bidding and the contract awarded to the lowest qualified bidder. The STATE shall be advised of the selection. 12. At the time this Agreement was executed, there were funds available for the PROJECT; however, obligations assumed by the STATE under this Agreement shall cease immediately, without penalty or payment beyond that which the COMPANY has already accumulated, should the Illinois General Assembly or the Federal Highway Administration fail to appropriate or otherwise make available funds for the PROJECT. 13. This Agreement is a reimbursable utility adjustment and is not required to contain the certification requirements concerning interference with public contracting (720 ILCS 5/33E-1) nor the Article 50 certifications and disclosures contained in the Illinois Procurement Code (30 ILCS 500). 14. The COMPANY shall indemnify and save harmless the STATE, its officers, agents, employees and servants against all loss, damage or expense that it or they may sustain as a result of any suits, actions or claims of any character brought on account of property damage, injury to or death of any person or persons, including all persons performing any work on the utility adjustment, which may arise in connection with the work to be performed by the COMPANY or any contractor it may hire pursuant to this Agreement. The COMPANY shall not be obligated to indemnify and save harmless the STATE from liability for injury or death proximately caused by negligence of an employee, agent or servant of the STATE. 15. The COMPANY was hereby requested by the STATE, to perform the necessary preliminary engineering to develop a relocation plan and estimate for the project, and authorized to accrue reimbursable preliminary engineering costs beginning on _______. The COMPANY hereby agrees to not invoice the STATE until such time this agreement is fully executed. This Agreement shall be binding upon and to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate by their duly authorized officers as of the dates below indicated. Agreement No. UT326001 Job No. C-93-008-10 COMPANY: Accepted By: ________________________________________ Typed name: _________________________________________ Typed title: __________________________________________ Date: ______________________________ STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION By: ____________________________ By:_____________________________ Gia Biagi Date Vicki L. Wilson Date Secretary of Transportation Chief Fiscal Officer By: ____________________________ By: ____________________________ Lora S. Rensing Date Michael S. Prater Date Director of Highways Project Chief Counsel Implementation Agreement No. UT326001 Job No. C-93-008-10 TIN CERTIFICATION The COMPANY certifies that: 1. The number shown on this form is the COMPANY’s correct taxpayer identification number (or the COMPANY is waiting for a number to be issued to them), and 2. The COMPANY is not subject to backup withholding because: (a) the COMPANY is exempt from backup withholding, or (b) the COMPANY has not been notified by the Internal Revenue Service (IRS) that the COMPANY is subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified the COMPANY, that the COMPANY is no longer subject to back-up withholding, and 3. The COMPANY’s person with signatory authority for this AGREEMENT is a U. S. person (including a U.S. resident alien). Taxpayer Identification Number: Legal Status ___ Individual _X_ Government ___ Sole Proprietor ___ Nonresident Alien ___ Partnership/Legal Corporation ___ Estate or Trust ___ Tax-exempt ___ Pharmacy ( Non Corp.) ___ Corporation providing or billing medical and/or health care services ___ Pharmacy/Funeral home /Cemetery ___ Corporation NOT providing or billing medical and/or health care services ___ Limited Liability Company ( select applicable tax classification) ___ Other ________________ □ D= Disregarded entity □ C= Corporation □ P= Partnership GENERAL PROVISIONS FOR UTILITY ADJUSTMENT AGREEMENTS 1. In the event this adjustment is caused by the construction of the National System of Interstate and Defense Highways or Supplemental Freeway System, it is understood that the COMPANY at no time will perform any normal maintenance on the utility facilities from the through traffic lanes or shoulders of the Interstate or Supplemental Freeway Route or any ramps or shoulders leading thereto. Proper maintenance procedures to be used in cases of emergency are to be obtained from the District Engineer of the State Department of Transportation. 2. In the event any of this utility adjustment work is performed by other than COMPANY forces, the provision of “an act regulatiing wages of laborers, mechanics and other workers employed in public works by the State, County, City or any public body or political subdivision or by one under contract for public works” (Illinois Compiled Statutes, 820 ILCS 130/1) shall apply. 3. In the event the COMPANY does not perform the relocation work with its own forces, i.e., where the COMPANY enters into a contract or agreement with the construction Contractor, or similar party, to perform such relocation work, the COMPANY shall include the clauses which follow and are made a part of the “”General Provisions” in its contract, or agreement, with the Contractor. Appendix A requires that the COMPANY will not discriminate, in its choice of Contractor and that its Contractor will not discriminate in the choice of subcontractors, including procurement of materials and leases of equipment. CONTRACTOR DISADVANTAGED BUSINESS ASSURANCE The COMPANY, sub-recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. NOTICE TO CONTRACTORS COMPLIANCE WITH THE TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL-AID CONTRACTS APPENDIX A During the performance of this contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows: 1. Compliance and Regulation: The Contractor will comply with the Regulations of the U. S. Department of Transportation relative to nondiscrimination in Federally-assisted programs of the U. S. Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it, after award and prior to completion of the contract work, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations of Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor’s obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color or national origin. 4. Information and Reports: The Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Department of Transportation or the Federal Highways Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State Department of Transportation or the Federal Highway Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanction for Non-compliance: In the event of the Contractor’s non-compliance with the nondiscrimination provisions of this contract, the State Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to, a. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or b. Cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraph 1 through 6 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the State Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions, including sanctions for non-compliance: Provided, however, that, in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the state to enter into such litigation to protect the interests of the State, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. ILLINOIS DEPARTMENT OF TRANSPORTATION BUY AMERICA CERTIFICATE OF COMPLIANCE Agreement No. UT326001 Job No. C-93-008-10 WE, City of Yorkville (UTILITY OWNER) Address: Hereby certify that we are in compliance with the “Buy America” requirements of this project. As required, we will maintain all records and documents pertinent to the Buy America requirement, at the address given above, for not less than 3 years from the date of project completion and acceptance. This file will be available for inspection and verification by the Department and/or FHWA. We further certify that the total value of foreign steel as described in the Buy America requirements for this project does not exceed one-tenth of one percent (0.1%) of the total contract price or $2,500.00, whichever is greater. Signed by Title day of , .