HomeMy WebLinkAboutResolution 2026-064Resolution No. 2026-64
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 L 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. 2026-64
Page 1
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
28"' day of July, A.D. 2026. 1
Q�\W b
Aku
C TY CLERK
KEN KOCH
AYE
ARDEN JOE PLOCHER AYE
CHRIS FUNKHOUSER AYE
RUSTY CORNEILS AYE
DAN TRANSIER AYE
CRAIG SOLING AYE
MATT MAREK AYE
RUSTY HYETT AYE
,APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this day of WQ J- , A.D. 2026.
Attest:
CI Y CLERK
Resolution No. 2026-64
Page 2
UNITED CITY OF YORKVILLE KENNEDY ROAD ROADWAY IMPROVEMENTS - PHASE II
Kennedy Road Roadway Improvements — Phase /I
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 YORKVELLE KENNEDY ROAD ROADWAY IMPROVEMENTS - PHASE 11
attachments hereto) and said changes shall only be effective on and after May 1 st
of that same year.
E. Ownership of Records and Documents:
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 500150-5(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.
PAGE 2
UN17ED CITY OF YORKVILLE KENNEDY ROAD ROADWAY IMPROVEMENTS - PHASE II
Loan Default: If the Contractor is an individual, the Contractor certifies that he/she
is not in default for a period of six months or more in an amount of $600 or more
on the repayment of any educational loan guaranteed by the Illinois State
Scholarship Commission made by an Illinois institution of higher education or any
other loan made from public funds for the purpose of financing higher education (5
ILCS 385/3).
Felony Certification: The Contractor certifies that it is not barred pursuant to 30
Illinois Compiled Statutes 500150-10 from conducting business with the State of
Illinois or any agency as a result of being convicted of a felony.
Barred from Contracting: The Contractor certifies that it has not been barred from
contracting as a result of a conviction for bid -rigging or bid rotating under 720
Illinois Compiled Statutes 5133E or similar law of another state.
Drug Free Workplace: The Contractor certifies that it is in compliance with the
Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective
date of this contract. 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).
PAGE 3
UNITED CITY OF YORKVILLE KENNEDY ROAD ROADWAY IMPROVEMENTS - PHASE II
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
PAGE 4
UNITED CITY OF YORKVILLE KENNEDY ROAD ROADWAY IMPROVEMENTS - PHASE it
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 Il 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
00 PAGE 5
UNITED CITY OF YORKVILLE KENNEDY ROAD ROADWAY IMPROVEMENTS - PHASE II
L. Notices:
All notices required to be given under the terms of this agreement shall be given
mail, addressed to the parties as follows:
For the City:
City Administrator and City Clerk
United City of Yorkville
651 Prairie Pointe Drive
Yorkville, IL 60560
For the ENGINEER:
Engineering Enterprises, Inc.
52 Wheeler Road
Sugar Grove, IL 60554
Either of the parties may designate in writing from time -to -time substitute
addresses or persons in connection with required notices.
Agreed to this i� day of , 2026.
United City ".f Yorkville: Engineering Enterprises, Inc.:
T#
John Puri
Mayor
Jori Contrino
City Clerk
Brad Sanderson, PE
Chief Operating Officer 1 President
* ';Z4
Angie Smith
Executive Assistant
ENGINEERING ENTERPRISES, INC.
STANDARD TERMS AND CONDITIONS
ATTACHMENT A
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
■
PAGE 1
ENGINEERING ENTERPRISES, INC.
ATTACHMENT A
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 asset 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
Surface Transportation Program
United City of Yorkville
Attachment B — Scope of Services Phase It Engineering
The United City of Yorkville requires Phase Il 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
• Fill out and maintain Project Program Information (PPI) form.
• Assist the City with STP Quarterly reports
• Project meetings with the City
• Project Management
• Project Coordination
• Project Scheduling
2.1 Plats, Legals and ROW Acquisition (If required)
• Plat of Highways
• ROW Staking
• Legal Descriptions
• Coordination with Mathewson Right of Way Company for property acquisition if
required
2.1 PESA Validation, Soil Testing and CCDD Coordination
• Coordinate soil testing and CCDD Management of soils.
• Perform soil sampling, testing and CCDD (GZA)
• LPC-662 and LPC-663 Forms (GZA)
2.1 Utility and IDOT Coordination/Meetings
• IDOT District One Phase II Kick -Off meeting
• IDOT Coordination
• Draft and submit proprietary items letter to IDOT
• Coordination with all utilities during Phase II Engineering.
• Utility Coordination meetings (2 meetings)
• Fill out required forms and applications to obtain atlases from the utilities.
• Obtain, review and inventory existing utility information to identify potential
conflicts.
• Submit Pre -Final and Final Plans to all utilities.
Kennedy Road Roadway Improvements — Phase II Engineering
Engineering Agreement Attachment S —
Scope of Services
2.1 Permitting
• Notice of Intent (NO[)
• Stormwater Pollution Prevention Plan (SWPPP)
• Aquatic Resources Delineation and Report Update, If Required
• Jurisdictional Determination
• USACE Chicago District Section 404 Permitting, If Required
• SWCD Coordination, If Required
• Kendall County Permitting, If Required
2.1 Prefinal Plans, Specifications and Estimates
• Coordinate
with City Staff regarding the final scope of improvements
• 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
a
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
]DOT District Three Details
o
Cross -sections (@ 50 ft stations and driveways, 1 "=10' horizontal, 1 "=5'
vertical)
• 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
• 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
• Calculate Quantities and prepare prefinal Cost Estimate
o Quantities to be organized by funding source (if necessary)
o BIDE 213 — Estimate of Cost
o Lump Sum Items Cost Breakdown
• Prepare BDE220A — Estimate of Time Required
• Proprietary Item Letter and Catelog Cut Submittal to IDOT
• Perform QCIQA review of prefinal plans, documents and cost estimate
Kennedy Road Roadway Improvements — Phase II Engineering
Engineering Agreement Attachment B —
Scope of Services
• Submit prefinal plans, estimate of cost, estimate of time and special provisions to
United City of Yorkville and IDOT for review.
• Submit prefinal plans to the utility companies
2.1 Initial Final Plans, Specifications and Estimates
• Update plans based on comments received on prefinal plans
• Prepare and provide disposition of prefinal comments to IDOT.
• Update summary of quantities, estimate of cost and estimate of time for initial
final submittal.
• Update special provisions for initial final submittal.
• Lump Sum Items Cost Breakdown
• Perform QCIQA review of initial final plans, documents and cost estimate
• Submit initial final plans, estimate of cost, estimate of time and special provisions
to United City of Yorkville and IDOT.
• Submit initial final plans to the utility companies
2.1 Final Plans, Specifications and Estimates
• Update plans based on comments received on initial final plans
• Prepare and provide disposition of initial final comments to IDOT.
• Update summary of quantities, estimate of cost and estimate of time for final
submittal.
• Lump Sum Items Cost Breakdown
• Update special provisions for final submittal.
• Perform QCIQA review of final plans, documents and cost estimate
• Submit final plans, estimate of cost, estimate of time and special provisions to
United City of Yorkville, and IDOT.
• Submit final plans to the utility companies
• Answering contractor's questions during bidding.
Items not included in the scope:
• Design services by a landscape architect. Only basic landscaping will be provided.
• IDOT Traffic Management Plan
• Any special aesthetic features or treatments.
• Roadway lighting design, only improved lighting at the intersection of Kennedy Road and
Bristol Ridge Road will be provided.
• Phase III Construction Engineering
• 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:
• Employ Quality Control/Quality Assurance procedures and implement and monitor the
procedures for the duration of the project.
• Communicate with all parties relative to the status of the project through meetings,
correspondence, and telephone conversations.
• Provide the required coordination between the City and other regulatory agencies.
• Provide early identification of issues or potential problem areas related to technical
scheduling or budgetary goals.
Kennedy Road Roadway Improvements —Phase II Engineering
Engineering Agreement Attachment B —
Scope of Services
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ENGINEERING ENTERPRISES, INC.
52 Wheeler Road, Sugar Grove, IL 60554
Ph: 630,466.6700 • Fx: 630.466.6701
www.eeiweb.com
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 11
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
1-1
$ 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 1 Unmanned Aerial Vehicle 1 Drone $245.00
Expert Testimony $300.00
In -House Scanning and Reproduction $0.251Sq. Ft. (Black & White)
Reimbursable Expenses (Direct Costs)
Services by Others (Direct Costs)
* unless specified otherwise in agreement
^ per day charges capped at the current IDOT daily rate
$1.001Sq. Ft. (Color)
Cost
Cost + 10%
OUTSTANDING SERVICE • EVERY CLIENT • EVERY DAY
July 1, 2026
Mr. Joseph W. Cwynar, P.E.
Senior Project Manager
Engineering Enterprises, Inc.
52 Wheeler Road
Sugar Grove, Illinois 60554
Via Email: JCw nar eeiweb.com
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 ofthe 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:
• 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;
• Phase II services requested herein are not anticipated to be paid utilizing state funds
and therefore we understand IDOT-style invoicing is not necessary;
• 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;
An Equal Opgnrtunity Employer M/F/V/H
July 1, 2026
81.PO'3035.27 Phase II Environmental Services (Special Waste and Wetlands)
Kennedy Road Improvements— Yorkville, Kendall County, Illinois
Page 12
• 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).
• 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.
• 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;
• 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;
• 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
• 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:
Bristol Rd to Emerald Ln (resurfacing & ADA Improvements), up to eight (8) soil borings with approximately 900-
foot spacing; and
Freedom PI 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.
P:S81`FY20274P013-TronsAortationjEH1 Yorkville iKennedyRdPh)A81.P013035.27EEIYorkAleKennedy Ph!)_Rev07012026.docx
July 1, 2026
81.Poa3035.27 Phase II Environmental Services (Special Waste and Wetlands)
Kennedy Road Improvements — Yorkville, Kendall County, Illinois
Page13
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:
• 22 Total metals (Target Analyte List (TAL) minus Aluminum)
• SPLP/TCLP Metals (8 RCRA and Be, Co, Cu, Fe, Mn, Ni, and Zn)
• Volatile organic compounds (VOCs)
• Semi -volatile organic compounds (SVOCs)
• Soil pH
• Herbicides and Pesticides (non -I DOT 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-Farm 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 11 project limits in accordance with:
• The USACE Regional Supplement to the Corps of Engineers Wetlond Delineation Manual: Midwest Region
(Version 2.0), (Supplemental Wetland Manual);
• The USACE !National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams, Final Version.
• The March 1.4, 2026, edition of the USACE Chicago District, Nationwide Permit (NWP) Program;
• 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
• 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.
Of -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.
• Current and Historical Aerial Photographs;
• U.S. Geological Survey (USGS) Topographic Maps;
P:1815FY20271P013 - Transportation SEEI�Yorkvillef Kennedy Rd Ph 11181.P013035.27 EEl Yorkville Kennedy Ph 11_Rev 07012026.docx
July 1, 2026
81.P013035.27 Phase II Environmental Services (Special Waste and Wetlands)
Kennedy Road Improvements -- Yorkville, Kendall County, Illinois
Page14
• Natural Resources Conservation Service (NRCS), Soil Survey of Kendall County;
• Hydric Soils of the United States;
• U.S. Fish and Wildlife Service (USFWS), National Wetlands Inventory (NWI) Maps;
• Federal Emergency Management Agency (FEMA), Flood Insurance Rate Maps (FIRM);
• USGS Hydrologic Atlases;
• USGS Stream Stats, if applicable;
Is Illinois Environmental Protection Agency (IEPA) Illinois Integrated Water Quality Report and Section 303(d) List;
• Illinois Department of Natural Resources (IDNR) Biological Stream Characterization (BSC) Study Report and Data;
• Illinois Coastal Zone Management Areas;
• U.S. Drought Monitor and other climate data;
• U.S. Fish and Wildlife Service (USFWS) federally endangered rusty patched bumblebee (Bombus offinis) High and
Low Potential Zone data; and
• U.S. Fish and Wildlife Service (USFWS) federally endangered Hine's emerald dragonfly (5omatochloro hineona)
critical habitat unit data; and
• 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 20rh. Delineations conducted outside the April 13th and October 20' timeframe may be considered
preliminaryand 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:
• Map showing the location, limits, and wetland boundaries within the project limits;
• Aerial photography depicting the appropriate limits of the delineated aquatic resources;
• USACE data sheets with FCIAs, as required;
P: �815FY2027�P013 - Transportation 5EDl Yorkville i Kennedy Rd Ph N581.P013035.27 ED Yorkville Kennedy Ph 11_Rev 07012026. docx
July 1, 2026
81.Poi3035.27 Phase II Environmental Services (Special Waste and Wetlands)
Kennedy Road Improvements— Yorkville, Kendall County, Illinois
Puge15
• Color photos of the wetlands and the data points; and
• 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 1D 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 maybe 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 forthe 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.
P:181VY202zSP013 - TronsportotioniEDl Yorkville ♦ Kennedy Rd Ph 11�8I.1`013035.27 EEf Yorkville Kennedy Ph It —Rev 07012026.docx
JUly1., 2026
8i.Poi3035.27 Phase II Environmental Services (Special Waste and Wetlands)
Kennedy Road Improvements — Yorkville, Kendall County, Illinois
Page 16
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 USAGE may
coordinate with the following agencies:
• U.S. Fish and Wildlife Service (USFWS);
• Illinois Environmental Protection Agency ([EPA, 401 Water Quality Certification);
• Illinois Department of Natural Resources (IDNR);
• Illinois Department of Natural Resources/Office of Water Resources (IDNR/OWR); and
• 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 -- Proiect 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.
P., 8SJVY2027�P013 - TronsportotionlEEAYorkville�Kennedy Rd Ph IA81.P013035.27 EEi Yorkville Kennedy Ph H1 Rev 07012026.docx
July 1, 2026
81.Po13035.27 Phase II Environmental Services (Special Waste and Wetlands)
Kennedy Road Improvements — Yorkville, Kendall County, Illinois
Page17
Task 8 — C C C
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 [DOT 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 13`" and October 201h
to meet KC5M0 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.
9A
4yt'ynoles, P.G. Laiiah 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 BLRO5514 CPFF CECS Worksheets
P: �81}FY2027SP013 - TransportotioniEDl Yorkville 4 Kennedy Rd Ph 11581.P013035.27 EEl Yorkville Kennedy Ph It —Rev 07012026.docx
July 1., 2026
81.Pos3035.27 Phase II Environmental Services (Special Waste and Wetlands)
Kennedy Road Improvements — Yorkville, Kendall County, Illinois
Page 18
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.
r�
Printed/Typed Name:
Title:
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.
P: �814FY2027�P013 - Tronsportation�EEIS Yorkville SKennedy Rd Ph 11�81.1`013035.27 EEl Yorkville Kennedy Ph It —Rev 07012026.docx
July 1, 2026
81.Po13035.27 Phase II Environmental Services (Special Waste and Wetlands)
Kennedy Road Improvements— Yorkville, Kendall County, Illinois
ATTACHMENTS
ATTACHMENT 1
Project Information
P: �814FY20275P013 - Transportation � EEI4 Yorkville �Kennedy Rd Ph RV1.P013035.27 FF1 Yorkville Kennedy Ph 11_Rev 07012026.docx
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July 1, 2026
8:L.Po13035.27 Phase II Environmental Services (Special Waste and Wetlands)
Kennedy Road Improvements— Yorkville, Kendall County, Illinois
ATTACHMENTS
ATTACHMENT 2
Terms and Conditions
P: �81VY2027kP013 - Transportation + EEIti Yorkville � Kennedy Rd Ph 11�81.P013035.27 ED Yorkville Kennedy Ph if Rev 07012026.docx
TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES
O 2025 by GZA GeoEnvironmental, Inc.
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.
a) 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 thatwould require extra work or additional time for performance orwould 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 bythis Agreement, even if performed priorto yourexecution ofthe Proposal.
a) Term. Ifthe attached GZA proposal isstyled as a MasterServices Agreement, therithe term ofthis Agreement will begin on the date ofexecution ofthe proposal
(the "Effective Date' and either party may terminate this Agreementfor convenience upon thirty (3o) days' written notice, provided that GZA will be paid for
all services performed through the date oftermination.
3) Standard of Care;Warranties.
a) GZAwill perform professional Services with the degree of skill and care ordinarily exercised by qualified professionals performing the same type ofservices
atthe sametime under similar conditions in the same or similar locality. GZA'5 sole responsibility with regard to Services whichdo not meetthe foregoing
standard of care is to reperform such 5ervices, at GZA's expense, but on ly if you provide GZA written notice of such non -conformity within ninety (go) days
after completion ofthe 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 BYANY 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 againstthe manufacturer. Full risk of loss of materials and equipmentwill pass to you upon deliveryto the Site, and you will be responsible
for insuring and otherwise protecting them againsttheft and damage.
y) Payment.
a) Exceptas otherwisestated in the Proposal, you will compensate GZAforthe Services atthe rates setforth 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 priorto the start of Services and will be applied to the final invoice for Services.
c) GZA will submit invoices periodically, and paymentwill be due within 2o day5from invoice date. Youwill notifyGZA in writing of any invoice disputeswithin
io 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 si/a percent per month or, if lower, the maximum lawful rate. GZA may terminate the Services upon io days' written notice anytime your payment is
overdue onthis oranyother projectand youwill payforall Services through termination, plustermination costs. Youwill reimburse GZA'scosts of collecting
overdue invoices, including reasonable attorneys' fees (including casts fortime expended by in-house counsel, which will be charged to you atthe 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 ofthe Services, without GZA becoming a party to or otherwise being
required to sign any such agreements, approvals, permits, licenses and consents. Ifyou are the owneroroperator ofthe 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 orgeotechnical conditionsatthe 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 ofthe 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 ofthe Services provided by GZA is directly related to the accuracy and completeness ofthe information and data that
you furnish to GZA.
b) If you use the services of a contractor or construction manager atthe Site, you agreeto use best and reasonable effortsto include in your agreement(s)
with the contractoror 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, foror 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, ofthe contractor, the construction
manager, or any oftheir subcontractors or any engineer engaged bythem;
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 oftheir subcontractors, and to ensurethat such policies are primary and noncontributory with regard to the above
indemnity obligations; and
iii) to require that all oftheirsubcontractors agree and be boundtothe obligations set forth in (i) and (4) 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 priorto the commencement ofthe Services) notify GZA and GZA shall have the opportunityto negotiate with you reasonable substitute risk
allocation and insurance indemnities and protections. Failure to provide such noticewill be a material breach ofthis Agreement.
d) Tothe extentyou are entitled to indemnification (either contractual or atcommon law) orare otherwise indemnified bythe contractoror construction
manager and/ortheir subcontractors, you agree to waive any claim (including without limitation indemnification or insurance claims) against GZA.
Right of Entry; Site Restoration. You grant GZA and its subcontractor(s) permission to enterthe Siteto perform the Services. Ifyou do not ownthe Site, you
represent and warrant that the owner has granted permission for GZA to enterthe Site and perform the Services; you will provide reasonable verification on
request; and you will indemnifythe GZA Indemnitees forany claims bythe Site ownerrelated 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 GZAforany restoration it is asked to perform, unless otherwise indicated in the Proposal.
(08/75-Edition/05-9010) Augu5t8, 2025
Terms and Conditions
Page 1 Z of 4
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 bythe 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 thatthe quality of the Services provided by GZA is directly related to the
accuracy and completeness ofthe 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 io%of GZA's original fee forthe report upon which reliance is being extended.
g) 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 3o 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 forstorage and/or shipping beyond 3o days.
so) 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
otherthird parry may auditthe 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.
ii) Hazardous Materials; GZA "Not a Generator". Before any hazardous or contaminated materials, including, if applicable, ACMs (the "Wastes") are removed
fromthe Site, youwill sign manifests naming you asthe generatorof the Wastes (or, if you are notthe generator, you will arrange forthe generatorto sign). You
will select the treatment or disposal facility to which any Wastes are taken. GZA will not be the generator or owner of, norwill it possess, take title to, or assume
legal liability for any Wastes at or removed from the Site. GZA will not have responsibility for orcontrol of the Site or of operations or activities atthe Site other
than its own. GZAwill not undertake, arrange for or control the handling, treatment, storage, removal, shipment, transportation or disposal of any Wastes at or
removed from the Site, otherthan any laboratory samples it collects ortests. You agree to defend, indemnify and hold the GZA Indemnitees harmless for any
costs or liability incurred by GZA in defense of or in paymentforany legal actions in which itis alleged that GZA isthe owner, generator, treater, storer or disposer
of any Wastes.
iz) Limits on GZA's Responsibility. GZA will not be responsible forthe 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 northe
presence of GZA or its employees and subcontractors be construed to imply that GZA has authority over or responsibility forthe means, methods, techniques,
sequences or procedures of construction, for work site health or safety precautions or programs, orforanyfailure of contractors to complywith 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 ortime 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 forthe Services already performed. GZA
will not be responsible for delays orfailuresto perform due to weather, labor disputes, intervention by or inabilityto 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.
141 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 foryour use only, forthe 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 underthis Agreement, GZA's designs will not be used
to completethis project by others, except by written agreement relating to use, liability and compensation.
z.S) 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. Anytransferof these electronic files to others or reuse or modifications to such files by you withoutthe priorwritten consent of GZA will be at
the user's sole riskand without any liabilityto GZA.
3-6) Confidentiality; Subpoenas. Information aboutthis Agreement and GZA'5 Services and information you provide to GZA regarding your business and the Site,
otherthan information available tothe public and information acquired fromthird 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 complywith laws, regulations, courtorders and professional obligations. GZAwii4 make reasonable efforts to give
(081z5-Pdition/05-901-0) August8, 2025
Terms and Conditions
Page 13 of 4
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/ortime 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 yourname and a general description of the Services in promotional materials.
s7) 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.
:LB) 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 orthe Services, except to the extent they are caused by GZA's negligence orwillful misconduct The duty to defend will be triggered upon a claim,
suit, fine and/or penalty being alleged orthreatened, 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 applythe original intent of the clauseto the maximum extent permissible by law.
ig) Limitation of Remedies.
a) Tothe fullest extent permitted by law and notwithstanding anything else in this Agreement to the contrary, the aggregate liabilityof GZA and its affiliates,
parents and subsidiaries and subcontractors and each of their employees, insurers, principals, officers, directors, partners and agents (collectively referred
to inthis paragraph as "GZA")for all claims (arising intort, by contract orotherwise, and specifically including any indemnification orcontribution obligation
owed by GZA, arising under contract or at common law, if any) arising out of this Agreement or in anyway related to GZA's Services is limited to s5o,000
or, ifgreater, i %of the compensation received by GZA under this Agreement.
b) You may electto increase the limit of liability by paying an additional fee, such fee to be negotiated prior to the execution o€this Agreement.
c) Anyclaim (as described in sg(a)) against GZA related in anyway tothe Services provided pursuant tothis Proposal, or theterms herein, iswaived unless
suit is commenced in a proper jurisdiction within one yearof 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 far 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, orfederal
government, agency, or regulatory body.
e) GZA will not be liable to you orthe Site owner for injuries or deaths suffered by GZA's or its subcontractors' employees.
f) Youwill look solelyto GZA for your remedyfor any claim arising out of or relating to this Agreement, including anyclaim arising outof or relating to alleged
negligence orerrors 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 ofthe 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 employeesofanyofthem, similarwaivers in favorof the otherparties enumerated herein.
ao) Disputes.
a) Subject to the provisions ofao(d)below, all disputes between you andGZAshallbesubjecttonon-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 maybe commenced unless mediation has occurred but did not resolve the dispute, or unless a statute of limitations period orthe one-year
waiver period described in ig(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 y(c)) within ten (io) 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 ofthe letter orthe 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 ofthis.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 underthe 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 ao(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, Iffor any
reason it is adjudicated thatthe 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 orcrossclaim, orin athird party claim, unless you have first provided GZAwith awritten certification executed by an independent professional
practicing in the same discipline as GZA and licensed in thejurisdiction in which GZA provided you its Services. This certification must (i) identifythe name
and license ofthe certifier, (ii) specify each and every actor omission thatthe certifier contends is a violation ofthe standard of care expected ofpmfessional
performing professional services under similar circumstances; and(iii)state in complete detail the basis forcertifiier's opinionthateach such actoromission
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.
(o8/zS-Edition/o5-9aio) August 8, 2025
Terms and Conditions
Pagel 4 of 4
h) With regard to Sections 5, 6, 8, 2g and zo of this Agreement, the terms "claim", "any claim" and "ail 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.
23.) Miscellaneous.
a) This Agreement and all claims relating thereto shall be governed bythe 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 underthis Agreement
and the termination of the contractforany 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.
22)
23)
f) Neither party may assign ortransferthis Agreement of any rights or duties hereunderwithoutthe written consent of the other party.
g) Yourfailure orthe failure of your successors or assigns to receive payment, reimbursement, insurance proceeds or grant funds from any other party for
any reason whatsoevershall not absolve you, yoursuccessors or assigns of any obligation to pay any sum to GZA underthis agreement.
h) These Terms and Conditions shall govern over any inconsistent terms in GZA's Proposal.
i) Any provision ofthis 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 ofthevoided provision.
j) The covenants and agreements contained in this Agreement shall applyto, inure to the benefitofand be binding uponthe parties hereto and upon their
respective successors and assigns.
k) Any reports generated by GZA will be subjectto GZA's standard report limitations for that particulartype of report.
1) Tothe extent applicable to GZA's Services, you acknowledge and agreethat GZA cannot anticipate the effects ofclimate change/extreme weather on
any report, design orother 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 ofthose Services, you will not
encourage, induce, orotherwise solicit, or actively assist any other person or organization to encourage, induce orotherwise solicit, directly or
indirectly, any employee ofthe GZAor any of its affiliates to terminate their employment with GZA or anyof its affiliates, orotherwise interfere with
the advantageous business relationship of GZA or anyof its affiliates with their employees. You agreethat ifyou violatethis non -solicitation
provision, you will pay GZA liquidated damages in an amount equal tothetotal earningsafthe solicited employee during the lasttwelve (12) months
oftheir employmentwith GZA.
n) This Agreement does not create any third -party beneficiaries and is intended far the benefit of the parties hereto and their respective successors and
permitted assigns, and is notforthe benefit of, normay any provision hereof be enforced by, anyone else.
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 varyfrom 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 ofall asbestos or other contamination.
Microbial Services (If Applicable). Ifthe Services include Microbial services, then thefollowing terms and conditions will apply and will supersede any
conflicting terms contained elsewhere inthi5 Agreement. For purposes ofthis 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, orother emissions produced by or
arising out ofortoxins 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 cannotand does not claim that its Services will eliminatethe risk ofa Microbial infestation recurring.
b) You acknowledge thatthe 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 northeir resolution.
c) You acknowledge that Microbial infestations may be hidden fromview and concealed in locations thatare difficultto 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 GZAfollowedthe applicable standard ofcare 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 orwet 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 ar did not prevent a Microbial infestation from recurring.
(o81zs-Edition/as-goio) August8, zo25
JUly1, 2026
81.Poz303$.27 Phase II Environmental Services (Special Waste and Wetlands)
Kennedy Road Improvements — Yorkville, Kendall County, Illinois
ATTACHMENTS
ATTACHMENT 3
Cost Estimate Work Sheets
P:k81kFY2027�P013-TronsportotionSEEAYorkville yKennedy RdPh11�81.P013035.27EEiYorkville Kennedy Ph11 Rev07012026.docx
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GZA, Inc.
Proposal
7/1/2026
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
[DOT Protocol Lab Analysis
$
-
VQCs 1 ea x 24 x
$ 126.00 =
$
3,024.00
5VOCs 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
$ - =
$
-
Lob $/IDOTSample 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
0 x
$ -
= $
-
Task Total
$
-
S Task S - SWCD Coordination, If Required
0 x
$ -
_ $
-
Task Total
$
-
6 Task 6 - Kendall County Permitting, If Required
0 x
$
_ $
-
Task Total
$
-
7 Task 7 - Project Administration and Safety
Prepared for:
Project:
Task
8 Task 8 - QA/QC
GZA, Inc.
Proposal
7/1/2026
Engineering Enterprises, Inc.
Yorkville - Kennedy Rd Ph II
Reimbursables
x = $ -
Task Total $ -
0 x $ - = $ -
Task Total $ -
Grand Total $ 19,156.15
AGREEMENT FOR
LAND ACQUISITION CONSULTING SERVICES
Engineering Enterprises, Inc.
Kennedy Road Roadway Improvements Project
AGREEMENT between Mathewson Right of Way Company (MROWCO) whose address is
2024 Hickory Road, Suite 205, Homewood, Illinois 60430 and Engineering Enterprises, Inc.
(EEI), whose address is 52 Wheeler Road, Sugar Grove, Illinois 60554.
MROWCO shall provide to EEI, on behalf of the United City of Yorkville (CITY), consulting
services for the acquisition of right of way for the Kennedy Road Roadway Improvements Project
(PROJECT) .
The PROJECT shall consist of the acquisition of approximately 3 parcels.
MROWCO shall perform the following services:
1. Title Commitments/Direct Expenses
2. Appraisal
3. Appraisal Review
4. Negotiations
5. Closing Fee/IDOT Certification
All of the above are described as specified in Exhibit A: Scope of Services attached hereto.
EEI shall compensate MROWCO for the services provided under this AGREEMENT as provided
in Exhibit B: Compensation attached hereto. The total amount of compensation authorized by this
agreement is not to exceed $36,000.00.
Exhibit C. Terms and Conditions is attached hereto and made a part hereof.
Submitted this 8th day of July, 2026. Accepted this _ day of , 2026.
0
President
ght or Way Company Engineering Enterprises, Inc.
Mathew son
Engineering Enterprises, Inc,
Kennedy Road Roadway Improvements Project
Agreement for Land AcgUisibon Consulting Services
EXHIBIT A: SCOPE OF SERVICES
MROWCO agrees to perform, at the direction of EEI, the following services:
I. Title Commitments/Direct Expenses
2. Appraisal
3, Appraisal Review
4. Negotiations
5. Closing FeeIIDOT Certification
All services called for in this AGREEMENT will be conducted by an individual or individuals
whose qualifications have been approved by the Illinois Department of Transportation, when
applicable.
All services within the scope of this AGREEMENT shall be performed, where applicable, in
accordance with the 1DOT Land Acquisition Policies and Procedures Manual, hereinafter referred
to as the LAPPM.
TITLE COMMITMENTS
A Title Insurance Company licensed to issue title insurance in the State of Illinois will provide
Title Commitments, Later Dates and copies of recorded documents.
APPRAISALS
Determinations of fair market value performed by the Appraiser shall be in accordance with the
LAPPM.
The Appraiser shall make a detailed inspection of the properties and make such investigations and
studies as are necessary to derive sound conclusions for the preparation of appraisal reports.
Valuations shall be prepared as outlined in the LAPPM. The format to be used shall be one of the
following types as described in the LAPPM:
• Non -Complex Appraisal Report
• Complex Appraisal Report
The Appraiser is to determine which type of appraisal format should be used for each parcel and
obtain the CITY's concurrence. MROWCO shall provide a copy of an appraisal of each parcel
together with Improvement Disposition Values form to be submitted to the CITY for approval.
Property needed shall be acquired by fee simple, dedication, permanent easement, temporary use
permit, or temporary easement as determined and shown on the right of way plan furnished by
EEI.
Page 2 of l I
Engineering Enterprises, Inc.
Kennedy Road Roadway Improvements Project
Agreement Cor Land Acquisition Consulting Services
It may be necessary for a completed appraisal to be updated for condemnation purposes or revised
due to a change in the ROW plat or due to new information provided by the CITY or EEL These
updates or revisions will be assigned to the Appraiser in a separate work order as the need arises.
An Appraiser's revision of the appraisal due to the Review Appraiser's comments or corrections
does not constitute an update or revision that would necessitate a separate work order.
On parcels that require the acquisition of a residence, it may be necessary for the Appraiser to
perform an additional analysis to determine an allocated value for the residence and home site as
separate from the whole parcel to be acquired. This would be needed for relocation purposes and
is not to be included in the appraisal report. The cost for the additional appraisal analysis will be
established in the work order for that appraisal.
The Appraiser shall prepare a comparable sales brochure in accordance with the LAPPM for each
project and as directed by the CITY.
The Appraiser shall prepare grids that compare comparable sales to the subject parcel, where
appropriate.
The Appraiser shall include land and improvement allocations in the comparable sales data section
of all appraisals.
The Non -Complex Appraisal Report and Complex Appraisal Report, and an updated or revised
appraisal report, shall be deemed complete when an acceptable appraisal report is submitted by
MROWCO and approved by the CITY.
Appearances in court and/or pretrial conferences, which include depositions and preparation time
for depositions and court, may be required for the appraisal services requested herein. The time
spent at such appearance or appearances shall be made upon request of the CITY or its trial counsel
and shall be paid for as specified in Exhibit B.
Appraiser may be asked to perform a Cost Analysis for budgetary purposes.
Appraiser may be asked to provide a Comparable Sales Book as an on -going assignment
independent of individual appraisals.
MROWCO staff may assist in the preparation of appraisal work.
REVIEW APPRAISALS
All appraisals must be reviewed and certified by a Review Appraiser. Appraisal reviews performed
by the Review Appraiser must be in accordance with the LAPPM. It is the Review Appraiser's
responsibility to ensure that all items affecting the value of the property have been considered in
the appraisal. A study of the comparable sales brochure is considered as part of the appraisal
review.
The Review Appraiser must complete an Appraisal Review Certification for all appraisal reviews.
Page 3 of' I I
Engineering Enterprises, Inc.
Kennedy Road Roadway Improvements Project
Agreement for Land Acquisition Consulting Services
It may be necessary for a completed appraisal review to be updated due to a change in the ROW
plat or due to new information provided by the CITY. These updates or revisions will be assigned
to MROWCO in a separate work order as the need arises. A Review Appraiser's second or other
subsequent review of an appraisal, rewritten by the appraiser due to the Review Appraiser's
comments or corrections, does not constitute an update or revision to the appraisal review that
would necessitate a separate work order.
The Appraisal Review for the Non -Complex Appraisal Report and Complex Appraisal Report,
and an updated or revised appraisal review, shall be deemed complete when an acceptable
Appraisal Review is submitted by MROWCO and approved by the CITY.
Appearances in court and/or pretrial conferences, which include depositions, may be required for
the review appraisal services requested herein. The time spent at such appearance or appearances
shall be made upon request of the CITY or its trial counsel and shall be paid for as specified in
Exhibit B.
The Review Appraiser may be asked to perform a Cost Analysis for budgetary purposes.
The Review Appraiser may be asked to review a Comparable Sales Book as an on -going
assignment independent of individual appraisals.
MROWCO staff, may assist in the preparation of review appraisal work.
NEGOTIATIONS
The Negotiator is responsible for all land acquisition negotiations conducted under this
AGREEMENT. Negotiations shall be in accordance with the LAPPM. The negotiator shall:
• Be the CITY's representative to the property owner.
• Work with the Project Manager to receive and understand the scope of work for each
work order and the associated deadlines/time frames involved.
Establish schedules for each activity and report the progress to the Project Manager to
assure a quality product.
* Assure that the deadlines assigned are met.
• Maintain channels of communication.
• Provide a quality product.
Before the initiation of negotiations for each parcel, the CITY must approve the amount of just
compensation. The Negotiator shall fully document on an ongoing basis all efforts made to acquire
the parcel in the Negotiator's Report. Said report shall be available to the CITY as reasonably
requested.
The Negotiator may recommend administrative settlements as outlined in the LAPPM.
Administrative settlements will be determined by the CITY on an individual parcel basis.
In the event MROWCO, after having made every reasonable effort to negotiate with the owner of
a parcel, is unable to obtain a settlement on the approved appraisal amount, MROWCO shall
Page 4 of 1 l
Engineering Enterprises, Inc.
Kennedy Road Roadway improvements Project
Agreement for land Acquisition Consulting services
prepare and submit a written report summarizing the progress of negotiations to date together with
a copy of MROWCO's Negotiator's Report completed to date with the names and addresses of all
interested parties. MROWCO's written report shall also include its recommendation for further
procedure towards acquiring the parcel. The CITY may elect to prepare and forward a Final Offer
letter (with copy to MROWCO) to the owner of the parcel and thereafter refer the matter to the
City Attorney's Office to proceed with preparation of a condemnation petition. In any case, the
CITY reserves the right to require MROWCO to make additional negotiation contacts with the
parcel owner up until the actual date of filing a petition to condemn the parcel.
The negotiation for a parcel will be deemed complete when all required documents necessary to
obtain title approval are submitted and approved by the CITY. If a negotiated settlement cannot
be reached, the negotiation for a parcel will be deemed complete when the documentation for
eminent domain action is submitted and approved by the CITY, and the complaint is filed.
If requested to do so, MROWCO shall provide title review and an attorney's approval letter
provided by Mathewson & Mathewson, P.C. for no additional cost.
Each Updated Negotiation or Revised Negotiation shall be paid for at the per parcel fee as specified
in Exhibit B. An updated negotiation or revised negotiation is defined as additional negotiation
work requested by the CITY due to new parcel information supplied by the CITY to MROWCO
after first contact with the property owner. New parcel information could include, but is not limited
to, significant changes in the area of the acquisition; updated (and modified) appraisal amounts
that require revised negotiation documents; updated (and modified) title information that requires
negotiations with additional property owner(s). Any additional work required to obtain title
approval does not constitute an update or revision that would necessitate a separate work order.
Where the acquisition of a parcel involves the displacement of an owner or tenant occupant from
a residence or any personal property thereof, MROWCO shall coordinate the offering of relocation
assistance any payments to each displaced owner -occupant simultaneously with initiation of
negotiations and to each displaced tenant -occupant within seven (7) days following initiation of
negotiations for the parcel.
Appearances in court and/or pretrial conferences, which include depositions, may be required
for the negotiation services requested herein. The time spent at such appearance or appearances
shall be made upon request of the CITY or its trial counsel and shall be paid for as specified in
Exhibit B.
CLOSINGS
MROWCO shall attend or otherwise supervise the actual closing of each acquired parcel. It is
anticipated that most closings will not require an escrow transaction but it is understood that certain
acquisitions are best facilitated through an escrow closing.
IDOT CERTIFICATION
MROWCO shall complete the IDOT Bureau of Land Acquisition Right of Way Certification
process on behalf of the CITY.
Page 5 ul' t l
Engineering Enterprises, Inc.
Kennedy Road Roadway Improvements Project
Agreement For Land Acquisition Consulting Services
EXHIBIT B: COMPENSATION
The services to be provided by MROWCO under this agreement shall be assigned and
compensated as provided in the table below.
Task
Title Commitments/Direct Expenses*
Appraisal
Appraisal Review
Negotiations
Closing Fee/iDOT Certification
Fee
Parcels
Total
$1,000.00
3
$3,000.00
$3,500.00
3
$10,500.00
$1,500.00
3
$4,500.00
$5,000.00
3
$15,000.00
$1,000.00
3
$3 ,000.00
Total:
$36,000.00
*Direct Expenses shall include, but not be limited to, recording fees, partial release fees, land
trustee fees, escrow fees and real estate transfer tax exemption fees. EEI shall reimburse
MROWCO for the actual cost of the direct expenses. Direct Expenses shall not include the cost of
title insurance and escrow closing fees imposed by the title company at closing.
The sum total of all services provided for in this AGREEMENT shall not exceed $36,000.00.
It is understood that appearances in court and pretrial conferences may be required in relation to
the negotiation services called for herein and it is agreed that such appearance or appearances shall
be made upon request of CITY or its trial counsel.
In event of such services being requested, they will be provided as follows_
(a) Rate each half day or fraction thereof for time spent in pretrial conference $1 000.00.
(b) Rate each half day or fraction thereof for time spent in court $1,000-00.
The fees for services shall include all transportation, food, lodging, telephone, or any other
operating expenses incurred by MROWCO in the performance thereof.
Page 6 of I I
Engineering Enterprises, Inc.
Kennedy Road Roadway Improvements Project
Agreement for Land Acquisition Consulting services
EXHIBIT C: TERMS AND CONDITIONS
1. Parcels
EEI shall provide MROWCO with relevant plats of highways, legal descriptions and
construction plans for each parcel to be acquired. Each parcel shall consist of one or more
basic parcels of land required as right of way for highway purposes to be acquired in fee
simple title, and such other easements (temporary or permanent) for uses incidental to
construction of the highway but which are not considered as part of the highway right of way,
all of which are under the same ownership involving a complete contiguous parcel.
2. Termination
EEI may terminate this AGREEMENT at any time and for any cause by a notice in writing to
MROWCO. In the event of such termination, payment will be made to MROWCO for any
completed services. Services in the process of completion shall be compensated for on an
equitable basis and all incomplete parcel data collected in connection with them shall be
turned over and become the property of the CITY; provided, however, this AGREEMENT be
terminated solely because the progress or quality of work is unsatisfactory as determined by
CITY or EEI accepting this AGREEMENT, then no payment will be made or demanded by
MROWCO for any services which have not been completed and delivered to EEI and CITY
prior to the date of said termination.
3. Project Materials
a. It is understood and agreed that the CITY shall be considered the sole owner of all plats,
legal descriptions, ownership and occupancy records, forms of deeds and easements, title
reports, and any and all other material furnished, prepared or obtained by MROWCO
during the course of providing its services for the parcel and shall be maintained in a
separate parcel file for the parcel assigned. MROWCO will provide a copy of the original
file of the parcel during the course of the project to CITY. MROWCO will provide a
timely update of all documents that pertain to the parcel during the course of the project.
Upon completion of the project the original file will be delivered to CITY. Upon
termination of this AGREEMENT for any cause or upon completion of the acquisition
of the parcel or upon request of CITY when acquisition is determined to be by Eminent
Domain proceedings, MROWCO's parcel file shall be delivered to the CITY.
MROWCO's parcel files shall be available for inspection or review of its contents by
CITY, Illinois Department of Transportation or Federal Highway Administration
personnel at any time.
b. Electronic copies shall be provided unless CITY requests to the contrary.
4. Records Preservation
MROWCO shall maintain, for a minimum of five years after the completion of the
AGREEMENT, adequate books, records, and supporting documents to verify the amount,
Page 7 of l l
Engineering Enterprises, Inc.
Kennedy Road Roadway Improvements Project
Agreement for Land Acquisition Consulting Services
recipients, and uses of all disbursements of funds passing in conjunction with the
AGREEMENT; the AGREEMENT and all books, records, and supporting documents related
to the AGREEMENT shall be available for review and audit by the CITY Auditor; and the
MROWCO agrees to cooperate fully with any audit conducted by the Auditor 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 CITY for the
recovery of any funds paid by the CITY under the AGREEMENT for which adequate books,
records, and supporting documentation are not available to support their purported
disbursement.
5. Consultant Certifications and Representations
a. MROWCO certifies that MROWCO has read the certifications and assurances
described in this AGREEMENT and in the Standard Provisions, and certifies that
Mark D. Mathewson's signature on the AGREEMENT constitutes an endorsement and
execution of each certification and assurance as though each were individually signed,
and made on behalf of the contracting entity and its officers and each individual
authorized to do work for the CITY under this AGREEMENT.
b. MROWCO under penalties of perjury, certifies that 20-3870734 is its correct Federal
Taxpayer Identification number. It is doing business as a Corporation.
c. MROWCO certifies that it is not in default on an educational loan.
d. MROWCO certifies that it is not barred from bidding on State of Illinois AGREEMENTS
because of violations of State law regarding bid rigging or rotating. 720 ILCS 5133E-3,
33 E-4.
e. MROWCO certifies that it will not engage in the unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance in the performance of this
AGREEMENT, or if a corporation, partnership, or other entity with 25 or more
employees, have completed and signed a "DRUG -FREE WORKPLACE
CERTIFICATION."
f. MROWCO, under penalty of perjury under the laws of the United States, certifies that
the company or any person associated therewith in the capacity of owner, partner,
director, officer, principal investigator, project director, manager, auditor, or any position
involving the administration of federal funds:
i. is not currently under suspension, debarment, voluntary exclusion, or determination
of ineligibility by any federal agency;
ii. has not been suspended, debarred, voluntarily excluded or determined ineligible by
any federal agency within the past three years;
iii. does not have a proposed debarment pending; and
Paec 8 of I I
Engineering Enterprises, Inc.
Kennedy Road Roadway l3nprovemenLs Project
Agreement for I and Acquisition Consulting Services
iv. has not been indicted, convicted, or the subject of a civil judgment by a court of
competent jurisdiction in any matter involving fraud or official misconduct within
the past three years.
g. MROWCO certifies that it has not been convicted of bribery or attempting to bribe an
officer or employee of the State of Illinois nor has MROWCO made admission of guilt
Of such conduct which is a matter of record, nor has any official, officer, agent, or
employee of this company been so convicted nor made such an admission.
h. MROWCO is hereby notified that the CITY, in accordance with the provisions of Title
VI of the Civil Rights Act of 1964 (78 Stat. 252) and Title 49, Code of Federal
Regulations, Part 21, issued pursuant to such Act, will affirmatively insure that any
AGREEMENT entered into pursuant to this AGREEMENT will be awarded without
discrimination on the grounds of race, color, or national origin.
i. MROWCO warrants and represents that it is fully qualified to provide the services
hereunder provided for in this Agreement.
6. Disclosulres
a. MROWCO hereby certifies that if any conflict of interest arises, in any of the parcels
subsequently assigned to it, it will immediately, within 5 business days of receipt, inform
the CITY accepting this AGREEMENT and return all material furnished to him for
reassignment to others.
b. It is understood and agreed that Appendices A and B shall be apart of this AGREEMENT
and MROWCO agrees to be bound by the terms and provisions contained herein.
c. MROWCO warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for it, to solicit or secure this AGREEMENT,
and that it has not paid or agreed to pay any company or person, other than a bona fide
employee working solely for it, any fee, commission, percentage, brokerage fee, gift, or
any other consideration, contingent upon or resulting from the award or making of the
AGREEMENT. For breach or violation of this warranty, the CITY shall have the right
to annul this AGREEMENT without liability.
7. Indemnity
MROWCO will indemnify and hold harmless the CITY from all claims and liability due to
activities of himself, its agents, and its employees and will comply with all Federal, State,
and local laws and ordinances.
page 9 of I i
Engincering Fntarprises, Inc.
Kennedy Road Raadtvay Improvements Project
Agreement for Land Acquisition Consulting Services
S. Insurance
MROWCO shall obtain Commercial General Liability in a broad form, to include but not be
limited to, coverage for the following where exposure exists: Bodily Injury and Property
Damage, Premises/Operations, Independent contractors, Products/Completed Operations,
Personal Injury, Professional Liability and contractual Liability; limits of liability not less
than: $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate.
Business Auto Liability to include, but not be limited to, coverage for the following where
exposure exists: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -
Ownership; limits of liability not less than: $1,000,000.00 per occurrence, combined single
limit for Bodily Injury and Property Damage Liability. Workers' Compensation Insurance
will cover all employees that meet statutory limit in compliance with applicable state and
federal laws. The coverage must also include employer's liability with minimum limits of
$100,000.00 for each incident.
CITY shall be provided with Certificates of Insurance evidencing the above required
insurance prior to the commencement of services and thereafter with the certificates
evidencing renewals or changes to said policies of insurance at least fifteen (15) days prior
to the expiration or cancellation of any such policies. CITY shall be named as additional
insured on all liability policies, and MROWCO acknowledges that any insurance maintained
by CITY shall apply in excess of, and not contribute to, insurance provided by MROWCO.
The contractual liability arising out of the AGREEMENT shall be acknowledged on the
Certificate of Insurance by the insurance company.
CITY shall be provided with thirty (30) day prior notice, in writing, of Notice of Cancellation
or material change and said notification requirements shall be stated on the Certificate of
Insurance.
9. Breach
Nothing herein shall be construed as prohibiting the parties to the AGREEMENT from
pursuing any other remedies available to the parties for such breach or threatened breach,
including recovery of damages from the parties. This provision shall survive any termination
of this AGREEMENT.
10. Governing Law
Terms of this AGREEMENT will be governed by Illinois law.
11. Transferability
MROWCO agrees that this AGREEMENT or any part thereof will not be sublet or
transferred without the written consent of the CITY accepting this AGREEMENT.
Page 10 of I 1
Engineering Enterprises, Inc.
Kennedy Road Roadway Improvements Project
Agreement for land Acquisition Consulting Services
12. Execution of AGREEMENT
In the event this AGREEMENT is executed, it shall constitute a contract as of the date it is
approved by CITY or its authorized representative and shall be binding on MROWCO, its
executors, administrators, successors or assigns, as may be applicable.
Page 1 I of I I
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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 with Regulations: The contractor shall comply with the Regulations relative to
nondiscrimination in federally -assisted programs of the Department of Transportation,
Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time,
(hereinafter referred to as 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 during the
contract, shall not discriminate on the ground of race, color or national origin in the selection
and retention of subcontractors including procurements of materials and leases of equipment.
The contractor shall 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 l3 of [lie Regulations.
3. Solicitations for Subcontracts, Including Procurement 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 procurement or materials or leases of
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 ground of race, color or national origin.
4. Information and Reports: The contractor shall provide all information and reports required
by the Regulations, or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
State or the Federal Highway 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 or the Federal Highway Administration is appropriate and shall set
forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the State shall impose such contract sanctions as
it or the Federal Highway Administration may determine to be appropriate, including, but not
limited to:
• withholding of payments to the contractor under the contract until the contractor
complies, and/or
• cancellation, termination or suspension of the contract, in whole or in part_
6. Incorporation of Provisions: The contractor shall include the provisions of Paragraph (1)
through (6) in every subcontract, including procurement of materials and leases of equipment,
unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall
Lake such action with respect to any subcontract or procurement as the State of the Federal
Highway Administration may direct as a means of enforcing such provisions including
sanctions for noncompliance: 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.
APPENDIX B
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE required by the Illinois Fair Employment
Practices Commission as a material term of all public contracts:
EQUAL EMPLOYMENT OPPORTUNITY. In the event of the contractor's noncompliance
with any provision of this Equal Employment Opportunity Clause, the Illinois Fair Employment
Practices Act or the Fair Employment Practices Commission's Rules and Regulations for Public
Contracts, the contractor may be declared nonresponsible and therefore ineligible for future
contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal
corporations, and the contract may be canceled or avoided in whole or in part, and such other
sanctions or penalties may be imposed and remedies invoked as provided by Statute or regulation.
During the performance of this contract (Agreement), the contractor (Consultant) agrees as follows:
1. That it will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, national origin, or ancestry, physical or mental handicap unrelated
to ability, or an unfavorable discharge from the military service, and further that it will
examine all job classifications to determine if minority persons or women are underutilized
and will take appropriate affirmative action to rectify any such underutilization.
2. That, if it hires additional employees in order to perform this contract, or any portion
hereof, it will determine the availability (in accordance with the Commission's Rules and
Regulations for Public Contracts) of minorities and women in the area(s) from which it
may reasonably recruit and it will hire for each job classification for which employees are
hired in such a way that minorities and women are not underutilized.
3, That, in all solicitations or advertisements for employees placed by it or on its behalf, it
will state that all applicants will be afforded equal opportunity without discrimination
because of race, color, religion, sex, national origin or ancestry, physical or mental
handicap unrelated to ability, or an unfavorable discharge from the military service.
4. That it will send to each labor organization or representative of workers with which it has
or is bound by a collective bargaining or other agreement or understanding, a notice such
labor organization or represerntati ve of the contractor's obligations under the Illinois Fair
Employment Practices Act and the Commission's Rules and Regulations for Public
Contracts. If any such labor organization or representative fails or refuses to cooperate with
the contractor in its efforts to comply with such Act and Rules and Regulations, the
contractor will promptly so notify the Illinois lair Employment Practices Commission and
the contracting agency and will recruit employees from other sources when necessary to
fulfill its obligations thereunder.
5. That it will submit reports as required by the Illinois Fair Employment Practices
Commission's Rules and Regulations for Public Contracts, furnish all relevant information
as may from time to time be requested by the Commission or the contracting agency, and
in all respects comply with the Illinois Fair Employment Practices Act and the
Commission's Rules and Regulations for Public Contracts.
6. That it will permit access to all relevant books, records, accounts and work sites by
personnel of the contracting agency and the Illinois Fair Employment Practices
Commission for purposes of investigation to ascertain compliance with the Illinois Fair
Employment Practices Act and the Commission's Rules and Regulations for Public
Contracts.
7. "That it will include verbatim or by reference the provisions of Paragraphs I through 7 of
this clause in every performance subcontract as defined in Section 2.1 0(b) of the
Commission's Rules and Regulations for Public Contracts so that such provisions will be
binding upon every such subcontractor, and that it will also so include the provisions of
paragraphs 1, 5, 6 and 7 in every supply subcontract as defined in Section 2.1 O(a) of the
Commission's Rules and Regulations for Public Contracts so that such provisions will be
binding upon every such subcontractor. In the same manner as with other provisions of this
contract, the contractor will be liable for compliance with applicable provisions of this
clause by all it subcontractors; and further it will promptly notify the contracting agency
and the Illinois Fair Employment Practices Commission in the event any subcontractor
fails or refuses to comply therewith. In addi tion, no contractor will utilize any subcontractor
declared by the Commission to be nonresponsible and therefore ineligible for contracts or
subcontracts with the state of Illinois or any of its political subdivisions or municipal
corporations.
With respect to the two types of subcontracts referred to under paragraph 7 of the Equal
Employment Opportunity Clause above, following is an excerpt of Section 2 of the FEPC's Rules
and Regulations for Public Contracts:
Section 2.10, The term "Subcontract" means any agreement, arrangement or understanding,
written or otherwise, between a contractor and any person (in which the parties do not stand in the
relationship of an employer and an employee):
• for the furnishing of supplies or services or for the use of real or personal property,
including lease arrangements, which, in whole or in part, is utilized in the performance of
any one or more contracts; or
• under which any portion of the contractor's obligation under any one or more contracts is
performed, undertaken or assumed.
By signing this Proposal, the CONSULTANT agrees to the provisions as written. Upon acceptance
by the LPA, this Contract shall be governed by Illinois law.
For the CONSULTANT:
Mathews Righ of Way Company
2024 Fli kory R ad, Suite 205
July 8, 2026
D. Mathewson, President
FEIN: 20-3870734 Telephone: (312) 676-2900
For the LPA:
United City of Yorkville /
Engineering Enterprises, Inc.
By: Date:
LPA Representative