===== PDF PAGE 78 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER:Resolution No. 26-R-0052 - Engineering Enterprises, Inc. - Professional Design Engineering Services for Lead Service Line COMMITTEE AGENDA DATE: July 2, 2026Replacement Project- Phase A (Year 2) in an Amount Not to COUNCIL AGENDA DATE: July 20, 2026Exceed $65,494.00 STAFF REVIEW: Mehul T. Patel, P.E., CFM- Director of Public Works SIGNATURE__________ _ APPROVED BY CITY ADMINISTRATOR: Viviana Ramirez SIGNATURE ________ _ ITEM SUMMARY: The Lead Service Line Replacement and Public Notification Act, effective on January 1, 2022, requires the City of West Chicago to develop, implement, and maintain a comprehensive Water Service Line (WSL) Inventory and a Lead Service Line Replacement (LSLR) Plan. On April 15, 2024, the City completed its WSL inventory based on the best available information. The Initial LSLR Plan was submitted to the Illinois Environmental Protection Agency (IEPA) on May 7, 2024, with annual updates in 2025 and 2026. The Final LSLR Plan is due before April 15, 2027. Based on the Initial LSLR Plan, the City has approximately 797 lead water service lines within the City limits. The City's intent has been to complete the replacements in multiple phases. Engineering Enterprises, Inc. (EEi) has successfully worked with the City to prepare and submit the Initial LSLR Plan as well as the design engineering for Phase B (Year 1) of the LSLR Project. Although designated as Phase B, this phase was advanced ahead of Phase A because IEPA funding became available through the Bypass Public Water Supply Loan Program. Phase B will replace approximately 225 LSLs. The IEPA loan execution is expected by June 30, 2026, with construction anticipated to begin in fall 2026 and completion by fall 2027. Phase B was advanced ahead of Phase A due to IEPA funding availability in the Bypass Public Water Supply Loan Program (PWSLP) funds. The current proposal is for Phase A (Year 2) of the project, which would target replacing approximately 375 lead WSLs. EEi's scope of work will include preparation of loan application for the Illinois PWSLP, financial coordination with the City relative to the loan application such as review of current rate structures to ensure sufficient revenue exists for loan re-payment and assistance with drafting necessary documents, design engineering, project meetings, data collection, utility coordination, preparation of plans, preparation of contract specifications, bidding assistance and geotechnical investigation by sub-consultant. The City applied for PWSLP funds for Phase A in 2026 and was not selected. Based on conversations with IEPA staff, there is an opportunity to seek Bypass Funds as early as July 1, 2026 on a first come first serve basis. Accordingly, the funding application needs to be submitted as soon as possible to maximize the City's opportunity to receive funding. The anticipated bidding timeframe is spring 2027 and construction as early as late spring 2027, pending approval of the PWSLP Bypass funds. This bidding and construction timeline can be significantly advanced if the City is successful in obtaining the PWSLP Bypass funds available starting July 1, 2026. EEi's proposal for this task is $65,494.00. This Project is specifically unbudgeted in 2026; however, funds are available in 06-34-47-4806 to advance this project. ACTIONS PROPOSED: Approve Resolution No. 26-R-0052 authorizing the Mayor to execute a contract with Engineering Enterprises, Inc. of Sugar Grove, Illinois, for professional engineering services related to the Lead Service Line Replacement Project - Phase A (Year 2) in an amount not to exceed $65,494.00. COMMITTEE RECOMMENDATION: ===== PDF PAGE 79 ===== [Extraction: embedded PDF text] RESOLUTION NO. 26-R-0052 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH ENGINEERING ENTERPRISES, INC. OF SUGAR GROVE, IL FOR PROFESSIONAL ENGINEERING SERVICES RELATED TO THE LEAD SERVICE LINE REPLACEMENT PROJECT - PHASE A (YEAR 2) IN AN AMOUNT NOT TO EXCEED $65,494.00 BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that the Mayor is hereby authorized to execute a Contract with Engineering Enterprises, Inc. of Sugar Grove, IL for professional engineering services related to the Lead Service Line Replacement Project- Phase A (Year 2) in an amount not to exceed $65,494.00, in substantially the form attached hereto and incorporated herein as Exhibit "A". APPROVED this 20th day of July 2026. AYES: NAYES: ABSTAIN: ABSENT: Mayor Daniel Bovey ATTEST: Executive Office Manager, Valeria Biggerstaff ===== PDF PAGE 80 ===== [Extraction: embedded PDF text] AGREEMENT BETWEEN THE CITY OF WEST CHICAGO, ILLINOIS AND ENGINEERING ENTERPRISES, INC. FOR PROFESSIONAL ENGINEERING SERVICES RELATED TO THE LEAD SERVICE LINE REPLACMENT PROGRAM - PHASE A (YEAR 2) This AGREEMENT, made this 20TH day of July, 2026 between CITY OF WEST CHICAGO, a body politic and corporate, with offices at 475 Main Street, West Chicago, Illinois 60185 (hereinafter the "CITY") and Engineering Enterprises, Inc. licensed to do business in the State of Illinois, with offices at 52 Wheeler Road, Sugar Grove, IL 60554 (hereinafter the "CONSULTANT"), hereinafter together referred to as the "PARTIES": RECITALS WHEREAS, the Illinois General Assembly has granted the CITY authority to enter into agreements for the purposes of providing professional services (pursuant to Municipal Code, 65 ILCS 5/1-1-10, et. seq.); and, WHEREAS, the CITY requires professional design engineering services, consisting of but not limited to data collection, geotechnical investigation, utility coordination, plan preparation, contract documents, bidding assistance, permitting, and IEPA loan application; and WHEREAS, the CONSULTANT has experience and expertise in this area and is in the business of providing such professional services and is willing to perform the required services for an amount not to exceed $65,494.00; and, WHEREAS, the CITY has had successful previous working relationship with the CONSUL TANT on other CITY projects; and, WHEREAS, the CITY wishes to memorialize the terms and conditions of its AGREEMENT with the CONSULTANT. NOW, THEREFORE, in consideration of the premises, the mutual covenants, terms, and conditions herein set forth, and the understandings of each PARTY to the other, the PARTIES do hereby mutually covenant, promise and agree as follows: ===== PDF PAGE 81 ===== [Extraction: embedded PDF text] 1.0 INCORPORATION. 1.1 All recitals set forth above are incorporated herein and made part thereof, the same constituting the factual basis for this AGREEMENT. 2.0 SCOPE OF SERVICES. 2 .1 Services are to be provided by the CONS ULT ANT according to the specifications in the scope of work, specified as Exhibit "A", attached hereto, which is hereby incorporated by reference. 2.2 The relationship of CONSULT ANT to CITY is that of independent contractor, and nothing in this AGREEMENT is intended nor shall be construed to create an agency, employment, joint venture relationship, or any other relationship allowing CITY to exercise control or direction over the manner or method by which CONSUL TANT or its subconsultants provide services hereunder. 3.0 NOTICE TO PROCEED. 3.1 Authorization to proceed with tasks described in Exhibit "A" shall be given on behalf of the CITY by the Director of Public Works, (hereinafter referred to as the "Director"), in the form of a written notice to proceed following execution of the contract by the City Administrator and/or Mayor. 3.2 In addition to the Notice to Proceed, the Director, or his/her designee, may, on behalf of the CITY, approve, deny, receive, accept or reject any submission, notices or invoices from or by CONSULTANT, as provided for in this AGREEMENT, including, but not limited to, acts performed in accordance with Paragraphs 4.1, 5.2, 6.4, 7.1, 8.2 and 8.3, all subject to payment approval by the corporate authority. 4.0 TECHNICAL SUBCONSULTANTS. 4.1 The prior written approval of the CITY shall be required before CONSUL TANT hires any technical subconsultants to complete CITY ordered tasks, which consent shall not be unreasonably withheld. 4.2 Any subconsultant(s) hired by the CONSULTANT shall be supervised by the CONSUL TANT and the CONSUL TANT shall be solely responsible for any and all work performed by said subconsultant, or subconsultants, in the same manner and with the same liability as if performed by the CONSULTANT. 5.0 TIME FOR PERFORMANCE 5 .1 The CONS ULT ANT shall commence work within seven (7) working days after the CITY issues its Written Notice to Proceed. The CITY is not liable and will 2 ===== PDF PAGE 82 ===== [Extraction: embedded PDF text] not pay the CONSULTANT for any work performed before the date of the Notice to Proceed. 5.2 Unless otherwise defined in the Scope of Services, the CONSULTANT shall complete all work in accordance with the time frame as outlined in the written Notice to Proceed. 5.3 If the CONSULTANT is delayed at any time in the progress of the work by any act or neglect of the CITY or by any employee of CITY or by changes ordered by the CITY, or any other causes beyond the CONSULTANT'S control then the sole remedy and allowance made shall be an extension of time for completion. Such extension shall be that which is determined reasonable by the CITY upon consultation with CONSULTANT. The CONSULTANT shall accept and bear all other costs, expenses and liabilities that may result from such delay. 6.0 COMPENSATION 6.1 The CITY shall pay the CONSUL TANT for services rendered and shall only pay in accordance with the provisions of this AGREEMENT. 6.2 For work performed, the City will pay the actual hourly rates for CONSULTANT'S staff. A chart listing the hourly rates for CONSULTANT'S staff, identified by position or assignment, is attached and incorporated hereto as Exhibit "C". The hourly rates identified include all overhead and profit charges. 6.3 Direct expenses are costs for supplies and materials to be paid for by the CITY for completion of all work defined in Exhibit "A". For direct expenses, including supplies, materials and costs related to specific reports and presentations as required by the CITY, the CITY shall pay on an actual cost basis without any markup added. 6.3.a For all direct expenses more than $25, the CONSULTANT shall include copies of receipts from suppliers for expendable materials with its invoice to the CITY. Direct expenses in excess of $500.00 shall require prior written approval from the City. 6.3.b CONSULTANT shall not include computer charges as direct expenses. 6.4 The CONSULTANT shall submit its invoices, for services rendered and allowable expenses, to the CITY on a monthly basis. Each invoice shall summarize the tasks performed, the budgeted hours and money for the pay period per task, the actual hours and money spent during the pay period per task, personnel used per task, and the percentage complete for each task. 6.5 Total payments to the CONSULTANT under the terms of this AGREEMENT shall not under, any circumstances, exceed $65,494.00. In the event the CITY directs CONSULTANT to do work which would cause the stated amount to be 3 ===== PDF PAGE 83 ===== [Extraction: embedded PDF text] exceeded, the CONSUL TANT shall not be responsible for such work until this AGREEMENT is modified pursuant to Article 14.0. 6.6 Upon receipt, review and approval of properly documented invoices, the CITY shall pay, or cause to be paid, to the CONSULT ANT the amounts invoiced, within 30 days of invoice receipt, provided that the amount invoiced together with the amounts of previous partial payments do not exceed the total compensation specified in this AGREEMENT. The CITY may not deny a properly documented claim for compensation, in whole or in part, without cause. The CITY reserves the right to hold back a sum equal to not more than five percent of the total contract sum to ensure performance. The CITY shall not be required to pay CONS ULT ANT more often than monthly. 6. 7 Upon receipt, review and acceptance of all deliverables specified in Exhibit "B" of this AGREEMENT, final payment shall be made to the CONSUL TANT. 7.0 DELIVERABLES. 7.1 The CONSULTANT shall provide the CITY on or before the termination of this AGREEMENT, or as directed by the Notice to Proceed, the deliverables specified in Exhibit "B" of this AGREEMENT, attached hereto, which is hereby incorporated by reference. 8.0 CONSULTANT'S INSURANCE 8.1 CONSULTANT shall procure and maintain, for the duration of the project, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the CONSULT ANT, his agents, representatives, employees, or sub-consultant( s ). A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability Occurrence form number CG 0001 with the City named as additional insured, on a primary and non-contributory basis. This primary, non-contributory additional insured coverage shall be confirmed through the following required policy endorsements: ISO Additional Insured Endorsement CG 20 10 or CG 20 26, and CG 20 01. Endorsement CG 20 37 - Completed Operations required if box is checked O; and 2. Owners and Contractors Protective Liability (OCP) policy with the City as insured Required if box is checked O; and 4 ===== PDF PAGE 84 ===== [Extraction: embedded PDF text] 3. Insurance Services Office Business Auto Liability coverage form number CA 0001, Symbol 01 "Any Auto"; and 4. Worker's Compensation as required by the Worker's Compensation Act of the State of Illinois and Employers' Liability Insurance. Additional coverage required for employee exposure to lead, if box is checked 0; and 5. Builders Risk Property Coverage with City as loss payee. Required if box is checked D; and 6. Environmental Impairment/Pollution Liability Coverage for pollution incidents as a result of a claim for bodily injury, property damage or remediation costs from an incident at, on or migrating beyond the contracted work site. Coverage shall be extended to Non-Owned Disposal sites resulting from a pollution incident at, on or mitigating beyond the site; and also provide coverage for incidents occurring during transportation of po 11 utants. Required if box is checked D; and B. Minimum Limits oflnsurance CONSULT ANT shall maintain limits NO LESS than: 1. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. The general aggregate shall be twice the required occurrence limit. Minimum General Aggregate shall be no less than $2,000,000 or a project specific aggregate of $1,000,000. 2. Owners and Contractor Protective Liability (OCP): $1,000,000 combined single limit per occurrence for bodily injury and property damage. 3. Business Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 4. Workers' Compensation and Employers' Liability: Workers' Compensation coverage with statutory limits and Employers' Liability limits of $500,000 per accident. 5. Builder's Risk: Shall insure against "All Risk" of physical damage, including water damage (flood and hydrostatic pressure not excluded), on a completed replacement cost basis. 5 ===== PDF PAGE 85 ===== [Extraction: embedded PDF text] 6. Environmental Impairment/Pollution Liability: $1,000,000 combined single limit per occurrence for bodily injury, property damage and remediation costs. C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, employees, agents, and volunteers; or the CONSULT ANT shall procure a bond guaranteeing payment or losses and related investigation, claim administration and defense expenses. D. The policies are to contain, or be endorsed to contain the following provisions. 1. General Liability and Automobile Liability Coverages a. The City, its officials, employees, agents, and volunteers are to be covered as additional insureds as respects: liability arising out of the CONSULT ANT'S work, including activities performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, leased or used by the CONSUL TANT; or automobiles owned, leased, hired or borrowed by the CONSUL TANT. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, agents, employees, and volunteers. b. The CONSULTANT'S insurance coverage shall be primary and non- contributory as respects the City, its officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees, agents, and volunteers shall be excess of CONSULT ANT'S insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, agents, employees, or volunteers. d. The CONSULT ANT'S insurance shall contain a Severability of Interests/Cross Liability clause or language stating that CONSULTANT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6 ===== PDF PAGE 86 ===== [Extraction: embedded PDF text] e. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not "follow form", then the CONSUL TANT shall be required to name the City, its officials, employees, agents, and volunteers as additional insured. f. All general liability coverages shall be provided on an occurrence policy form, Claims-made general liability policies will not be acceptable. g. The CONSUL TANT, all sub-consultants, and all sub-consultants hereby agree to any limitation as to the amount of contribution recoverable against them by the City. This specifically includes any limitation imposed by any state statue, regulation, or case law including any Workers' Compensation Act provision that applies a limitation to the amount recoverable in contribution such as Kotecki v. Cyclops Welding. 2. Workers' Compensation and Employers' Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents, and volunteers for losses arising from work performed by CONSULTANT for the City. Waiver of Subrogation policy endorsement must be provided (CG 75 55 or CG 24 04). 3. Professional Liability (architect, engineer, surveyor, consultant Required if box is checked 1K] • a. Professional liability insurance with limits not less than $1,000,00 each claim with respect to negligent acts, errors and omissions in connection with professional services to be provided under the contract, with a deductible not-to-exceed $50,000 without prior written approval. . b. If the policy is written on a claims-made form, the retroactive date must be equal to or preceding the effective date of the contract. In the event the policy is cancelled, non-renewed or switched to an occurrence form, the CONSUL TANT shall be required to purchase supplemental extending reporting period coverage for a period of not less than three (3) years. c. Provide a certified copy of actual policy for review. d. Professional liability insurance that provides indemnification and defense for injury or damage arising out of acts, errors, or omissions in providing the following professional services, but not limited to the following: 7 ===== PDF PAGE 87 ===== [Extraction: embedded PDF text] 1. Preparing, approving or failure to prepare or approve maps, drawings, opinions, report, surveys, change orders, designs or specifications; n. Providing direction, instruction, supervision, inspection, engineering services or failing to provide them, if that is the primary cause of injury or damage 4. All Coverages No Waiver. Under no circumstances shall the City be deemed to have waived any of the insurance requirements of this Contract by any act or omission, including, but not limited to: (a) Allowing work by CONSUL TANT or any sub-consultant(s) to start before receipt of Certificates of Insurance and Additional Insured Endorsements. (b) Failure to examine, or to demand correction of any deficiency of any Certificate of Insurance and Additional Insured Endorsement received. Each insurance policy required shall have the City expressly endorsed onto the policy as a Cancellation Notice Recipient. Should any of the policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. E. Endorsements, OCP policy, or General Liability policy shall not exclude supervisory or inspection services. F. Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A- ,VII and licensed to do business in the State of Illinois. G. Verification of Coverage CONSUL TANT shall furnish the City with certificates of insurance naming the City, its officials, employees, agents, and volunteers as an additional insureds, and with original endorsements attecting coverage required by this clause. The certificates and endorsement for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The following additional insured 8 ===== PDF PAGE 88 ===== [Extraction: embedded PDF text] endorsements may be utilized: ISO Additional Insured Endorsement CG 20 10 or CG 20 26, CG 20 01, CG 20 37 - Completed Operations, and CG 75 55 or CG 24 04, where required. The City reserves the right to request full- certified copies of the insurance policies and endorsements. H. Sub-consultants CONSULT ANT shall include all sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub- consultant. All coverages for sub-consultants shall be subject to all of the requirements stated herein. 8.2 It shall be the duty of the CONSULTANT to provide to the CITY, copies of the CONSULTANT'S Certificates of Insurance before issuance of a Notice to Proceed. 9.0 INDEMNIFICATION. 9.1 The CONSULTANT shall indemnify and hold harmless the CITY, its officials, officers, employees, and agents from and against all liability, claims, suits, demands, proceedings and actions, including costs, attorney fees and expense of defense, arising from, growing out of, or related to, any loss, damage, injury, death, or loss or damage to property resulting from, or connected with, the CONSULTANT'S negligent acts, errors or omissions in its performance under this AGREEMENT or any willful conduct on the part of CONSULANT resulting in liability. Willful act, as defined herein, shall mean a voluntary, deliberate action by CONSUL TANT or its agent. 9.2 Nothing contained herein shall be construed as prohibiting the CITY, its officials, directors, officers, agents and employees, from defending through the selection and use of their own agents, attorneys and experts, any claims, suits, demands, proceedings and actions brought against them. CONSUL TANT shall reimburse the CITY from and against all liability, including costs, attorney's fees and expense of defense, arising from, growing out of, or related to, any loss, damage, injury, death, or loss or damage to property in which CONSULTANT is found liable for negligent acts, errors or omissions or willful conduct. 9.3 Any indemnity as provided in this AGREEMENT shall not be limited by reason of the enumeration of any insurance coverage herein provided. CONSULTANT'S indemnification of CITY shall survive the termination, or expiration, of this AGREEMENT. 10.0 SATISFACTORY PERFORMANCE 10.1 The CONSULTANT'S, and subconsultant( s), standard of performance under the terms of this AGREEMENT shall be that which is to the satisfaction of the 9 ===== PDF PAGE 89 ===== [Extraction: embedded PDF text] CITY and meets or exceeds the quality and standards commonly accepted in the industry practicing in the same locality under similar conditions or circumstances. 10.2 The CONSULTANT'S services shall be performed in a manner consistent with the customary skill and care of its profession practicing in the same locality under similar conditions or circumstances. 10.3 If any errors, omissions, or acts, intentional or negligent, are made by the CONSULTANT, or subconsultant(s), in any phase of the work, the correction of which requires additional field or office work, the CONSULTANT shall be required to perform such additional work as may be necessary to remedy same without undue delay and without charge to the CITY. 10.4 Acceptance of the work shall not relieve the CONSULTANT of the responsibility for the quality of its work, nor its liability for loss or damage resulting therefrom. 11.0 CONFLICT OF INTEREST 11.1 The CONSUL TANT covenants that it has no conflicting public or private interest and shall not acquire directly or indirectly any such interest which would conflict in any manner with the performance of CONSULT ANT'S services under this AGREEMENT. 12.0 OWNERSHIP OF DOCUMENTS. 12.1 The CONSUL TANT agrees that all survey data, reports, drafting, studies, specifications, estimates, maps, computations and all other deliverables prepared for the CITY under the terms of this AGREEMENT shall be properly arranged, indexed and delivered to the CITY as provided in paragraph 7 .1 12.2 The documents and materials made or maintained under this AGREEMENT shall be and will remain the property of the CITY which shall have the right to use same without restriction or limitation and without compensation to the CONSUL TANT other than as provided in this AGREEMENT. 12.3 The CITY acknowledges that the use of information that becomes the property of the CITY pursuant to Paragraph 12.2, for purposes other than those contemplated in this AGREEMENT, shall be at the CITY'S sole risk. 12.4 The CONSULTANT may, at its sole expense, reproduce and maintain copies of deliverables provided to CITY 13.0 COMPLIANCE WITHSTATEANDOTHERLAWS. 10 ===== PDF PAGE 90 ===== [Extraction: embedded PDF text] 13.1 The CONSULTANT, and subconsultant(s), will comply with Federal, State and Local statutes, ordinances and regulations and obtain permits, or other mandated approvals, whenever applicable. 13.2 The CONSULTANT, and subconsultant(s), shall not discriminate against any worker, job applicant, employee or any member of the public, because ofrace, creed, color, sex, age, handicap, or national origin, or otherwise commit an unfair employment practice. CONSULTANT shall comply with the provisions of the Illinois Human Rights Act, as amended, 775 ILCS 5/-101, et seq., and with all rules and regulations established by the Department of Human Rights. 13.3 The CONSUL TANT, by its signature on this AGREEMENT, certifies that it has not been barred from being awarded a contract or subcontract under the Illinois Procurement Code, 30 ILCS 500/1-1, et seq.; and further certifies that it has not been barred from contracting with a unit of State or local government as a result of a violation of Section 33E-3 or 33E-4 of the Illinois Criminal Code (Illinois Compiled Statutes, Chapter 720, paragraph 5/33E-3). 14.0 MODIFICATION OR AMENDMENT. 14.1 The PARTIES may modify or amend terms of this AGREEMENT only by a written document duly executed by both PARTIES. 15.0 TERM OF THIS AGREEMENT. 15.1 The term of this AGREEMENT shall begin on the date the AGREEMENT is fully executed, and shall continue in full force and effect until the earlier of the following occurs: (a) The termination of this AGREEMENT in accordance with the terms of Section 16.0, or (b) June 30, 2027, or to a new date agreed upon by the PARTIES. (c) The completion by the CONSULTANT and CITY of their respective obligations under this AGREEMENT, in the event such completion occurs before June 30, 2027. 15.2 The CONSULTANT shall not perform any work under this AGREEMENT after the expiration date set forth in Paragraph 15 .1 (b ), above. The CITY is not liable and will not pay the CONS ULT ANT for any work performed after the AGREEMENT'S expiration or termination. 16.0 TERMINATION 16.1 Except as otherwise set forth in this AGREEMENT, either PARTY shall have the right to terminate this AGREEMENT for any cause upon serving thirty (30) 11 ===== PDF PAGE 91 ===== [Extraction: embedded PDF text] days' prior written notice upon the other PARTY, except in the event of CONSULTANT'S insolvency, bankruptcy or receivership, in which case termination shall be effective immediately upon receipt of notice. 16.2 Upon such termination, the liabilities of the PARTIES to this AGREEMENT shall cease, but they shall not be relieved of the duty to perform their obligations up to the date of termination. 16.3 Upon termination of this AGREEMENT, all data, work products, reports and documents produced, because of this AGREEMENT shall become the property of the CITY. Further, CONSUL TANT shall provide all deliverables within fourteen (14) days of termination in accordance with the other provisions of this AGREEMENT. 16.4 The CITY shall pay the CONSUL TANT for all work performed prior to the date of termination and for all work necessary to comply with Section 16.3 above. 17.0 ENTIRE AGREEMENT. 17 .1 This AGREEMENT, including matters incorporated herein, contains the entire AGREEMENT between the PARTIES. 17 .2 There are no other covenants, warranties, representations, promises, conditions or understandings, either oral or written, other than those contained herein. 17.3 In event of a conflict between the terms or conditions or this AGREEMENT and any term or condition found in any exhibit or attachment, the terms and conditions of this AGREEMENT shall prevail. 18.0 ASSIGNMENT. 18.1 This AGREEMENT may be assigned by either PARTY provided, however, such assignment shall be first approved, in writing, by the other PARTY. 19.0 SEVERABILITY. 19.1 In the event, any provision of this AGREEMENT is held to be unenforceable or invalid for any reason, the enforceability thereof shall not affect the remainder of the AGREEMENT. The remainder of this AGREEMENT shall be construed as if not containing the particular provision and shall continue in full force, effect, and enforceability, in accordance with its terms. 20.0 GOVERNING LAW. 20.1 This AGREEMENT shall be governed by the laws of the State of Illinois as to both interpretation and performance. 12 ===== PDF PAGE 92 ===== [Extraction: embedded PDF text] 20.2 The forum for resolving any disputes concerning the PARTIES' respective performance, or failure to perform, under this AGREEMENT, shall be the 18th Judicial Circuit Court for DuPage County. 21.0 NOTICES. 21.1 Any required notice shall be sent to the following addresses and PARTIES: ENGINEERING ENTERPRISES, INC. 52 Wheeler Road Sugar Grove, Illinois 60554 ATTN: Stephen T. Dennison, PE, Vice President CITY OF WEST CHICAGO Department of Public Works 475 Main Street West Chicago, Illinois 60185 ATTN: Mehul T. Patel P.E., CFM, Director of Public Works 21.2 All notices required to be given under the terms of this AGREEMENT shall be in writing and either (a) served personally during regular business hours; (b) served by facsimile transmission during regular business hours; or ( c) served by certified or registered mail, return receipt requested, properly addressed with postage prepaid. Notices served personally or by facsimile transmission shall be effective upon receipt, and notices served by mail shall be effective upon receipt as verified by the United States Postal Service. Each PARTY may designate a new location for service of notices by serving notice thereof in accordance with the requirements of this Paragraph, and without compliance to the amendment procedures set forth in Paragraph 14.1, above 22.0 WAIVER OF/FAILURE TO ENFORCE BREACH. 22.1 The PARTIES agree that the waiver of, or failure to enforce, any breach of this AGREEMENT by the remaining PARTY shall not be construed, or otherwise operate, as a waiver of any future breach of this AGREEMENT. Further the failure to enforce any particular breach shall not bar or prevent the remaining PARTY from enforcing this AGREEMENT with respect to a different breach. 23.0 FORCE MAJEURE. 23.1 Neither PARTY shall be liable for any delay or non-performance of their obligations caused by any contingency beyond their control including but not limited to Acts of God, war, civil unrest, strikes, walkouts, fires or natural disasters. 13 ===== PDF PAGE 93 ===== [Extraction: embedded PDF text] 24.0 ACCESS TO PROPERTY. 24.1 The CONSUL TANT shall make a reasonable effort to obtain access to property of a third PARTY necessary for the performance of its obligations under this AGREEMENT. If CONSULTANT is unable to obtain access to the property, the CITY shall be responsible for securing access for the CONSULTANT. In the event, the CITY cannot secure access for the CONSULTANT; the CITY shall excuse the CONSUL TANT from the performance of any work that necessitated such access. The CONSULTANT shall have no claim to ·compensation for any work excused under this provision. 1N WITNESS OF, the PARTIES set their hands and seals as of the date first written above. CITY OF WEST CHICAGO ENGINEERING ENTERPRISES, INC. BY:----------- BY: - ----------DAN IE L BOVEY BRAD SANDERSON, P.E. MAYOR PRESIDENT ATTEST BY: ATTEST BY: VALERIA BIGGERSTAFF STEPHEN T. DENNISON, P.E. EXECUTIVE OFFICE MANAGER VICE PRESIDENT (SEAL) 14 ===== PDF PAGE 94 ===== [Extraction: embedded PDF text] EXHIBIT A SCOPE OF WORK This Exhibit includes the scope of work for the services of Engineering Enterprises, Inc. for the purposes of providing professional engineering services, consisting of but not limited to data collection, geotechnical investigation, utility coordination, plan preparation, contract documents, bidding assistance, permitting, and IEPA loan application for Lead Service Line Replacement Project - Phase A: (Refer to the attached proposal submitted by Stephen T. Dennison, P.E. Vice President, Engineering Enterprises, Inc. entitled "Lead Service Line Replacement Program - Year 2, City of West Chicago, DuPage County, IL", dated 6/24/26, as addressed to Mehul T. Patel P.E., CFM, Director of Public Works) 15 ===== PDF PAGE 95 ===== [Extraction: embedded PDF text] EXHIBITB DELIVERABLES The following deliverables will be submitted to the CITY before completion of the contract: (Refer to the attached proposal submitted by Stephen T. Dennison, P.E. Vice President, Engineering Enterprises, Inc. entitled "Lead Service Line Replacement Program - Year 2, City of West Chicago, DuPage County, IL", dated 6/24/26, as addressed to Mehul T. Patel P.E., CFM, Director of Public Works) 16 ===== PDF PAGE 96 ===== [Extraction: embedded PDF text] EXHIBITC SCHEDULE OF HOURLY RATES AND COST BUDGET Engineering Enterprises, Inc. will bill the CITY for all tasks, assignments, and work performed in accordance with the following schedule: (Refer to the attached proposal submitted by Stephen T. Dennison, P.E. Vice President, Engineering Enterprises, Inc. entitled "Lead Service Line Replacement Program - Year 2, City of West Chicago, DuPage County, IL", dated 6/24/26, as addressed to Mehul T. Patel P.E., CFM, Director of Public Works) 17 ===== PDF PAGE 97 ===== [Extraction: embedded PDF text] ENGINEERING ENTERPRISES, INC. 52 Wheeler Road, Sugar Grove, IL 60554 Ph: 630.466.6700 • Fx: 630.466.6701 www.eeiweb.com June 24, 2026 Mr. Mehul Patel, P.E., CFM Director of Public Works City of West Chicago 1400 Hawthorn Lane West Chicago, IL 60185 Re: LEAD SERVICE LINE REPLACEMENT PROGRAM - YEAR 2 City of West Chicago, DuPage County, IL Dear Mr. Patel: Enclosed for your review and consideration are two copies of our proposed agreement for the subject project. The attached agreement includes a detailed scope of services and estimated of level of effort and associated cost for the project. We are proposing to provide our professional engineering services for a fixed fee amount of $65,494 (Not to Exceed). We look forward to working with you and members of your staff on this project. If you have any questions or require any additional information, please do not hesitate to contact us. Respectfully submitted, ENGINEERING ENTERPRISES, INC. Stephen T Dennison, P.E Vice President VH/STD Enclosures pc: STD, VH, ARS, DMT- EEi (Via E-mail) OUTSTANDING SERVICE• EVERY CLIENT• EVERY DAY ===== PDF PAGE 98 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO LEAD SERVICE LINE REPLACEMENT PROGRAM - YEAR 2 Agreement for Professional Services Lead Service Line Replacement Program - Year 2 THIS AGREEMENT, by and between the City of West Chicago, hereinafter referred to as the "City" or "OWNER" and Engineering Enterprises, Inc. hereinafter referred to as the "Contractor" or "ENGINEER" agrees as follows: A. Services: The Engineer shall furnish the necessary personnel, materials, equipment and expertise to make the necessary investigations, analysis and calculations along with exhibits, cost estimates and narrative, to complete all necessary engineering services to the City as indicated on the included Attachment B. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non- terminating party or upon completion of the Services. Upon termination the Contractor shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to Contractor: Contractor shall receive as compensation for all work and services to be performed herein an amount based on the Estimate of Level of Effort and Associated Cost included in Attachment D. The professional engineering services will be paid for as a not to exceed fee in the amount of $65,494. All payments will be made accordingly 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, Contractor, on or before February 1st of any given year, shall provide written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after May 1st of that same year. E. Ownership of Records and Documents: Contractor agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. Contractor agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the PAGE 1 ===== PDF PAGE 99 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO LEAD SERVICE LINE REPLACEMENT PROGRAM - YEAR 2 City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the freedom of information act or if already previously disclosed by a third party. Upon termination of this agreement, Contractor agrees to return all such materials to the City. The City agrees not to modify any original documents produced by Contractor without Contractor's 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 Kane County, Illinois. G. Independent Contractor: Contractor shall have sole control over the manner and means of providing the work and services performed under this agreement. The City's relationship to the Contractor under this agreement shall be that of an independent contractor. Contractor will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery: The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in default for a period of six months or more in an amount of $600 or more on the repayment of any educational loan guaranteed by the Illinois State Scholarship Commission made by an Illinois institution of higher education or any other loan made from public funds for the purpose of financing higher education (5 ILCS 385/3). Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500/50-10 from conducting business with the State of llllnols or any agency as a result of being convicted of a felony. PAGE2 ===== PDF PAGE 100 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO LEAD SERVICE LINE REPLACEMENT PROGRAM - YEAR 2 Barred from Contracting: The Contractor certifies that it has not been barred from contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois Compiled Statutes 5/33E or similar law of another state. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment under the Contract, all books and records relating to the performance of the Contract and necessary to support amounts charged to the City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City and the Illinois Auditor General. If this Contract is funded from contracUgrant 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 PAGE 3 ===== PDF PAGE 101 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO LEAD SERVICE LINE REPLACEMENT PROGRAM - YEAR 2 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) JL Corporation _ Not for Profit Corporation Trust or Estate Medical and Health Care Services Provider Corp. I. Indemnification: Contractor shall indemnify and hold harmless the City and City's agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by Contractor or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of Contractor or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall the either party indemnify any other party for the consequences of that party's negligence, including failure to follow the ENGINEER's recommendations. J. Schedule Contractor agrees to complete the project in accordance with the schedule summarized within Attachment C. 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 Attachments are as follows: PAGE4 ===== PDF PAGE 102 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO LEAD SERVICE LINE REPLACEMENT PROGRAM - YEAR 2 Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Attachment C: Anticipated Project Schedule Attachment D: Estimated Level of Effort and Associated Cost Attachment E: /EPA Contract Requirements Attachment F: Standard Schedule of Charges L. Notices: All notices required to be given under the terms of this agreement shall be given mail, addressed to the parties as follows: For the City of West Chicago: For the Engineer: Director of Public Works Engineering Enterprises, Inc. 475 Main Street 52 Wheeler Road West Chicago, IL 60185 Sugar Grove Illinois 60554 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. Agreed to this _day of ____ , 2026. City of West Chicago: Engineering Enterprises, Inc.: ~ T:'O»r-Title: Daniel Bovey, Mayor Viceesident Attest: Attest: Title: Valeria Biggerstaff, Executive Office Manager Project Manager PAGE 5 ===== PDF PAGE 103 ===== [Extraction: embedded PDF text] ENGINEERING ENTERPRISES, INC. MAY 2026 STANDARD TERMS AND CONDITIONS Agreement: These Standard Terms and Conditions, together with the Professional Services Agreement, constitute the entire integrated agreement between the 0\11/NER and Engineering Enterprises, Inc. (EEi) (hereinafter "Agreement"). and take precedence over any other provisions between the Parties. These terms may be amended, but only if both parties consent in writing. However, to the extent that the Scope of Work differs from the Standard Terms and Conditions, the Scope of Work document controls. Standard of Care: In providing services under this Agreement, the ENGINEER will endeavor to perform in a matter consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under same circumstances in the same locality. ENGINEER makes no other warranties, express or implied, written or oral under this Agreement or otherwise, in connection with ENGINEER'S service. Construction Engineering and Inspection: The ENGINEER shall not supervise, direct, control, or have authority over any contractor work, nor have authority over or be responsible for the means, methods, techniques sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety of the site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. The ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for contractor's failure to furn ish and perform the work in accordance with the contract documents. The ENGINEER is not responsible for the acts or omissions of any contractor, subcontractor, or supplies, or any of their 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. 0\11/NER 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 0\11/NER. 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 0\11/NER of the changed conditions necessitating renegotiation, and the ENGINEER and the 0\11/NER 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 0\11/NER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Condition; and (ii) warrants that the project site is in full compliance with applicable Laws and Regulations. ENGINEER agrees to cooperate with the OWNER, as necessary, to remediate a Hazardous Condition, but same may result in additional costs to the OWNER. PAGE 1 ===== PDF PAGE 104 ===== [Extraction: embedded PDF text] ENGINEERING ENTERPRISES, INC. MAY 2026 Consequential Damages: Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective officers, directors, partners, employees, contractors, or subcontractors shall be liable to the other or shall make any claim for any incidental, indirect, or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. Termination: This Agreement may be terminated for convenience, without cause, upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation as set forth in the Professional Services Agreement for all costs incurred through the date of termination. Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days' written notice for the following reasons: (a) Substantial failure by the other party to comply with or perform in accordance with the terms of the Agreement and through no fault of the terminating party; (b) Assignment of the Agreement or transfer of the project without the prior written consent of the other party; (c) Suspension of the project or the ENGINEER'S services by the OWNER for a period of greater than ninety (90) calendar days, consecutive or in the aggregate. (d) Material changes in the conditions under which this Agreement was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. Payment of Invoices: Invoices are due and payable within 30 days of receipt unless otherwise agreed to in writing. Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the OWNER or the ENGINEER. The ENGINEER'S services under this Agreement are being performed solely and exclusively for the OWNER'S benefit, and no other party or entity shall have any claim against the ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, vendors and other entities involved in this Project to carry out the intent of this provision. Force Majeure: Each Party shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and the nonperforming party promptly provides notice of such prevention to the other party. Such excuse shall be continued so long as the condition constituting force majeure continues. The party affected by such force majeure also shall notify the other party of the anticipated duration of such force majeure, any actions being taken to avoid or minimize its effect after such occurrence, and shall take reasonable efforts to remove the condition constituting such force majeure. For purposes of this Agreement, ''force majeure" shall include conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer. Additional Terms or Modification: All prior understandings and agreements between the parties are merged into this Agreement, and this Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by both parties. In the event that any provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under or interest in this Agreement without the prior written consent of the other party. Subcontracting normally contemplated by the ENGINEER shall not be considered an assignment for purposes of this Agreement. Waiver: A party's waiver of, or the failure or delay in enforcing any provision of this Agreement shall not constitute a waiver of the provision, nor shall ii affect the enforceability of that provision or of the remainder of this Agreement. Attorney's Fees: In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover from the other all costs and expenses including without limitation the reasonable fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the Court may adjudge reasonable. Fiduciary Duty: Nothing in this Agreement is intended to create, nor shall it be construed to create, a fiduciary duty owed to either party to the other party. EEi makes no warranty, express or implied, as to its professional services rendered. Headings: The headings used in this Agreement are inserted only as a matter of convenience only, and in no way define, limit, enlarge, modify, explain or define the text thereof nor affect the construction or interpretation of this Agreement. PAGE 2 ===== PDF PAGE 105 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO, IL LEAD SERVICE LINE REPLACEMENT (LSLR) PROGRAM - YEAR 2 IMPROVEMENTS Lead Service Line Replacement (LSLR) Program - Year 2 Improvements City of West Chicago, IL Professional Services Agreement - Design Engineering Attachment B - Scope of Services The City of West Chicago Water Works System currently includes a number of residential lead service lines (LSL), which connect the City's water distribution system to residential properties within the community. The City's intent is to implement a multi-year lead service line replacement program utilizing funds from the IEPA Public Water Supply Loan Program (PWSLP). To be eligible for the loan, the City has prepared and submitted a Drinking Water Project Plan for review and approval by the IEPA. The City is seeking to proceed with Year 2 of the loan program, which includes preparation of the PWSLP loan application and design engineering. The Year 2 Improvements and the scope of the Design Engineering services herein assume up to 375 Lead Service Line Replacements. EEi's proposed scope of service items are as follows: ILLINOIS PUBLIC WATER SUPPLY LOAN PROGRAM (PWSLP) LOAN APPLICATION: 1.1 Prepare Loan Application Form • Loan Program Certifications and Resolutions o Disbarment, Suspension, and Other Responsibility Matters o Intent Regarding National Flood Insurance o Project Site Rights of Way, Easements and Permits o Taxpayer ID (FEIN) Certifications o Five Officer Certification Form o Tax Compliance Certificate and Agreement o Authorizing Representative to Sign Loan Documents o Certified Bond Ordinance • Existing Water Rate Ordinance • Water System Information • Project Completion Schedule and Estimates 1.2 Financial Coordination with the City • Current and Future Debt • Comprehensive Financial Projections (5 years) • Audited Financial Statements • Bond Ratings • DUNS Number DESIGN ENGINEERING: 2.1 Project Management and Administration • Budget Tracking • Management of Personnel and the Engineering Contract • General Coordination with the City, Sub-Consultants, and IEPA PWSLP Contact 2.2 Project Meetings • Kick Off Meeting with the City • Two (2) Progress Review Meetings with the City • Mandatory Pre-Bid Meeting PAGE 1 ===== PDF PAGE 106 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO, IL LEAD SERVICE LINE REPLACEMENT (LSLR) PROGRAM - YEAR 2 IMPROVEMENTS 2.3 Acquire City Data and Utility Coordination • Acquire and Review Existing Engineering Plans, Service Line Records, GIS Utility Records, and Geotechnical/LPC Data • Coordinate with City on Required Meter, Plumbing Fixtures, etc. for Private Side Services. 2.4 Prepare Contract Documents and Estimates • Preparation of 60%, 90% and 100% Contract Documents and Engineer's Opinion of Probable Construction Cost for Review by the City. • Contract Documents Shall Consist of a Project Manual Comprised of the Following: o Typical City Contracting Documents (Provided by the City) o Project Specific Special Provisions o Location Exhibits o Existing Engineering Plans (Provided by the City) o Details o CCDD/LPC Data o All Required IEPA Language, Checklists and Certifications to be in Compliance with the Loan Program • Obtain IEPA PWSLP Approval of Contract Documents Prior to Bidding. Revisions to Contract Documents per IEPA Review as Necessary. 2.5 Bidding and Contracting • Prepare Ad for Bid and Assist City with Posting in Local Paper (City to Pay Cost for Advertising) • Acquire Certified Ad for Bid • Prepare Bidders List • Address Bid Questions and Prepare Addenda • Coordinate Addenda Approval with IEPA Prior to Issuance • Attend Bid Opening • Prepare Bid Tab, Bid Summary, and Intent of Award Letter • Submit Successful Bid Proposal to IEPA for Approval The following scope of services will be provided by EEi's subconsultant Rubino Engineering if the data is not already available. • Review ERIS Database and Determine Areas of Concern within Project Area for CCDD • Prepare LPC Form 662 or 663 Permit EXCLUSIONS The above scope of services excludes the following: • Attendance at City Council Meetings • Residential Coordination Aside from Public Meetings • Temporary Construction Easements - To Be Managed During Construction Phase • Topographic Survey • Design JULIE • Traditional Engineering Plans • Permitting (None Anticipated) • Bidding Process (Managed by the City Electronically) • Soil Borings and Geotechnical Engineering Beyond ERIS Database Review for CCDD PAGE 2 ===== PDF PAGE 107 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO, IL LEAD SERVICE LINE REPLACEMENT (LSLR) PROGRAM - YEAR 2 IMPROVEMENTS ADDITIONAL SERVICES The above scope summarizes the work items that will be completed for this contract. Additional work items, including additional meetings beyond the meetings defined in the above scope, shall be considered outside the scope of the agreement and will be billed in accordance with EEi's current Standard Schedule of Charges. No such additional services shall be performed unless authorized pursuant to a written amendment to this Agreement entered into and executed by the parties. PAGE 3 ===== PDF PAGE 108 ===== [Extraction: OCR (rendered-page OCR)] ATTACHMENT C: ESTIMATED SCHEDULE CLIENT PROJECT NUMBER City of West Chicago WE2602 PROJECT TITLE DATE PREPARED BY Lead Service Line Replacement (LSLR) - Year 2 Program, Design Engineering TASK DESCRIPTION JULY AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY i Rs Ts el ae Pe PS es a |_1.7_|Prepare Loan Application 0 EE eee) | | 1.2 [Financial Coordination wi {Sj == == 2? eS SS Se ee) eS ee ee ee ee Project Management and Administration (ET (SS SS Se Ce ae a Project Meetin REE —i—LE-eE City Data and Utility Coordination 2.4 |Contract Documents and Estimates Bidding and Contracting (Includes Notes: Schedule Targets Spring 2027 Construction Start 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.8701 www eeiweb.com ===== PDF PAGE 109 ===== [Extraction: embedded PDF text] ATTACHMENT D: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES CLIENT PROJE~T NUMBER WE2602 PROJECT TITLE DATE ED BY Lead Service Line Re lacement Pro ram - Year 2 Im rovements 6/1 6/26 VH I TASK TASK DESCRIPTION HOURS COST NO. ertificates and Resolution Coordination) 4 12 40 56 $ 11 ,140 the Ci 2 4 8 14 $ 2,906 S PWSLP LOAN APPLICATION SUBTOTAL: 6 16 48 70 $ 14,046 dministration 8 12 20 $ 4,824 2.2 8 8 8 24 $ 5,384 2.3 2 8 12 16 38 $ 7,002 2.4 Contract Documents and Estimates 8 16 2 106 $ 20,118 2.5 Biddin and Contractin 8 12 $ 10,870 DESIGN ENGINEERING· LSLR SUBTOTAL: 34 56 $ 48,198 PROJECT TOTAL: 40 EEi STAFF DIRECT EXPENSES STD Stephen Dennison, PE Printing/Scanning = $ 750 VH Veronica Hall, PE Mileage= EMC Emily Conti, El Subconsultant Rubino = $ 2,500 MJT Matthew Taylor DIRECT EXPENSES = S 3250 DRA Deborah Anderson TOTAL LABOR EXPENSES TOTAL COSTS $ 65,494 ===== PDF PAGE 110 ===== [Extraction: embedded PDF text] ATTACHMENT E IEPA PROFESSIONAL SERVICES CONTRACT CLAUSES Audit and Access to Records Clause: A. Books, records, documents and other evidence directly pertinent to performance of PWSLP/WPCLP loan work under this agreement shall be maintained in accordance with generally accepted Accounting Principles. The Agency or any of its authorized representatives shall have access to the books, records, documents and other evidence for the purpose of inspection, audit and copying. Facilities shall be provided for access and inspection. B. Audits conducted pursuant to this provision shall be in accordance with auditing standards generally accepted in the United States of America. C. All information and reports resulting from access to records pursuant to the above shall be disclosed to the Agency. The auditing agency shall afford the engineer an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. D. The final audit report shall include the written comments, if any, of the audited parties. E. Records shall be maintained and made available during performance of project services under this agreement and for three years after the final loan closing. In addition, those records that relate to any dispute pursuant to the Loan Rules Section 365.650 or Section 662.650 (Disputes) or litigation or the settlement of claims arising out of project performance or costs or items to which an audit exception has been taken, shall be maintained and made available for three years after the resolution of the appeal, litigation, claim or exception. Covenant Against Contingent Fees: The professional services contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bonafide employees. For breach or violation of this warranty, the loan recipient shall have the right to annul this agreement without liability or in its discretion to deduct from the contract price or consideration or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. Certification Regarding Debarment, Suspension and Other Responsibility Matters: Form EPA 5700-49 is signed and attached as part of Attachment E. USEPA Nondiscrimination Clause: The contractor (engineer) shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. USEPA Fair Share Percentage Clause: The engineer agrees to take affirmative steps to assure that disadvantaged business enterprises are utilized when possible as sources of supplies, equipment, construction and services in accordance with the [WPC or PWS] Loan Program rules. As required by the award conditions of USEPA's Assistance Agreement with Illinois EPA, the engineer acknowledges that the fair share percentages are 5% for MBEs & 12% for WBEs". ===== PDF PAGE 111 ===== [Extraction: embedded PDF text] OEPA EPA Project Control Number United States Environmental Protection Agency Washington, D.C. 20460 Certification Regarding Debarment, Suspension, and Other Responsibility Matters The prospective participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public: (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. Stephen T. Dennison, P.E. - Vice President Typed Name and Title of Authorized Representative • 6/18/2026~ ~ Signature of Autl,orized Representative Date .. □ I am unable to certify to the above statements. May explanation is attached. EPA FORM 5700-49 (11-88) ===== PDF PAGE 112 ===== [Extraction: embedded PDF text] ENGINEERING ENTERPRISES, INC. 52 Wheeler Road, Sugar Grove, IL 60554 Ph: 630.466.6700 • Fx: 630.466.6701 ft, 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 / Unmanned Aerial Vehicle / Drone $245.00 Expert Testimony $300.00 In-House Scanning and Reproduction $0.25/Sq. Ft. (Black & White) $1.00/Sq. Ft. (Color) Reimbursable Expenses (Direct Costs) Cost Services by Others (Direct Costs) Cost+ 10% * unless specified otherwise in agreement " per day charges capped at the current IDOT daily rate OUTSTANDING SERVICE· EVERY CLIENT • EVERY DAY