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Public Works Packet 2013 04-16-13 car o United City of Yorkville Q A. 800 Game Farm Road EST. �� l 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 �W p Fax: 630-553-7575 cuuMV `�' <CE AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday, April 16, 2013 6:00 p.m. City Hall Conference Room Citizen Comments: Minutes for Correction/Approval: March 19, 2013 New Business: 1. PW 2013-13 Water Department Reports for January and February 2013 2. PW 2013-14 River Road Bridge Authorization of Contract Changes Nos. 4A, 6A, and 7 3. PW 2013-15 EEI Engineering Agreement for Road to Better Roads FY 14 4. PW 2013-16 EEI Engineering Agreement for Bristol Avenue Water Main Improvements 5. PW 2013-17 Old Jail Parking Lot Construction a. EEI Amendment No. 2 to Preliminary Engineering Services Agreement b. EEI Construction Engineering Services Agreement 6. PW 2013-18 Stormwater Management Program—Fee-in-Lieu 7. PW 2013-19 Tractor and Mower Purchase Old Business: Additional Business: 2013/2014 City Council Goals—Public Works Committee Goal Priority Staff "Road improvement maintenance program" 2 Eric Dhuse "Capital Improvement Planning (River Road Bridge in 2013)" 6 Rob Fredrickson,Eric Muse,Bart Olson "Sidewalk improvement maintenance program" 8.5 Eric Muse UNITED CITY OF YORKVILLE WORKSHEET PUBLIC WORKS COMMITTEE Tuesday, April 16, 2013 6:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- l. March 19, 2013 ❑ Approved ❑ As presented ❑ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2013-13 Water Department Reports for January and February 2013 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2013-14 River Road Bridge Authorization of Contract Changes Nos. 4A, 6A, and 7 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2013-15 2013 EEI Engineering Agreement for Road to Better Roads FY 14 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2013-16 EEI Engineering Agreement for Bristol Avenue Water Main Improvements ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2013-17 Old Jail Parking Lot Construction a. EEI Amendment No. 2 to Preliminary Engineering Services Agreement b. EEI Construction Engineering Services Agreement ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2013-18 Stormwater Management Program—Fee-in-Lieu ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2013-19 Tractor and Mower Purchase ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- A. Co. Reviewed By: Agenda Item Number 4.0 Legal ❑ Minutes Finance ❑ EST. 1836 Engineer ❑ ^�= City Administrator ❑ Tracking Number 1' Human Resources ❑ '$ �v Community Development ❑❑ Police ELE ��"� Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Minutes of the Public Works Committee—March 19, 2013 Meeting and Date: Public Works—April 16, 2013 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Committee Approval Submitted by: Minute Taker Name Department Agenda Item Notes: DRAFT UNITED CITY OF YORKVILLE PUBLIC WORKS COMMITTEE Tuesday, March 19, 2013 at 6:00 p.m. City Conference Room Committee Members Present: Alderman Diane Teeling Alderman Larry Kot Alderman Ken Koch Other City Officials in Attendance: Eric Dhuse, Public Works Director Bart Olson, City Administrator Brad Sanderson, EEI Jeff Weckbach, City Intern Gary Golinski, Mayor Other Guests: None. Citizens Comments: None. Minutes for Correction or Approval: The minutes for the February 19, 2013 meeting were approved. New Business: PW 2013-08 Annual MFT General Maintenance Resolution—Informational item. Mr. Dhuse said this is for the maintenance supplies for the year. Bulk rock salt is 1200 tons. The city has 1000 tons in storage and the rental space at the county is allowed and that is out of MFT as well. This item was moved to consent. PW 2013-09 Heartland Commercial Center Sanitary Sewer Acceptance—Mr. Sanderson said this is a minor sewer addition as part of the Dairy Queen. All of the punch list items are complete and we are recommending the release of the bonding. This item was moved to consent. PW 2013-10 2013 Parkway Tree Program—Mr. Dhuse asked committee if they wanted to reinstate the program for this upcoming year. The committee agreed that they do. This item was moved to consent. PW 2013-11 Fox Hill and Sunflower SSA Mowing and Maintenance RFP Results—Mr. Dhuse said he has the results of the bids,but not a recommendation for committee because he has not been able to check references. The bid is very low and a good thing. Mr. Olson said all that the city saves each year will be put into a reserve account. Mr. Dhuse said he will bring the request for approval to the next City Council Meeting. PW 2013-12 Spring Public Works Dates - This is an informational item to make everyone aware that brush pick up and hydrant flushing are coming up. 1 Old Business: PW 2012-31 Bond/Letter of Credit(LOC) Quarterly Update—Mr. Olson said there is a memo included in the packet informing the committee where things are on different subdivisions. Prestwick has an interested buyer that is looking to do something with the site and working through credit issues. For Caledonia the city let them know to respond in 30 days with a construction schedule, or the city will recommend bond call soon thereafter. They responded in writing stating that they would be happy to talk about a construction schedule. The purpose of the letter was not to sit down with them and discuss, it would be to get a definitive schedule and see work within the next 30 days. Alderman Teeling asked what things are done with the money on the letters of credit. Mr. Olson said it is usually sidewalks, street lights, retentions that need improved to a certain degree, whatever we can do stabilized the site. Alderman Teeling said if the city does that and then they do bankrupt what happens. Mr. Olson said it hurts the original bond purchaser and their business rating. Alderman Teeling said if someone else comes in and buys it, will they be obligated to buy another one for work they are doing. Mr. Olson said yes. Mr. Sadnerson said it depends on certain situations. Alderman Teeling said they would be obligated to cover whatever the money doesn't cover. Mr. Sanderson said yes. If our bond or letter of credit money cannot complete all the work, there is still work to be expected to be completed. Mr. Olson said most subdivisions want the city to do the work and most next generation builders will like that. Alderman Teeling asked about Windett Ridge. She asked if someone purchases that subdivision, would they have to complete the rest and give us a bond for that work. Mr. Olson said yes. The committee discussed the Windett Ridge situation and what things are happening there. PW 2013-06 Infrastructure Costs—Mr. Olson said there is an attached memo on budgeting/funding and a memo from Mr. Dhuse on spending. Mr. Olson said that the city is looking to kick the funding discussion down the road a year, which gives us the time to decide if the city can pay for it out of our pocket, raise rates or make cuts. In general, Mr. Olson said the city is taking projects scheduled for calendar year 2014 and moving forward a year to 2013 and doing the opposite with the 2013 year. Mr .Dhuse said because the year proposed all had infrastructure and the next year only one thing. Mr. Olson said there were a few things removed. Alderman Kot asked about flip flopping are most of those roads on the south side of the river, he said he thinks that is a good thing because once Route 47 construction begins, residents will be using back roads a lot and if they were torn up that would be a disaster, so it makes sense. The committee agreed. Mr. Dhuse said projects are grouped according to north and south for cost savings. Mr. Olson said any recommendation for a budget perspective next year will be based on what is the most amount of utilities we can complete with the money we already have before we talk about cutting or raising rates next year. Alderman Kot said as 47 construction is being done, some of the small side streets could be added to. Mr. Dhuse said yes,his plan is to get a unit price on completing those. Alderman Kot said if we piggy back off of the state project,how does that fit in the budget and where does that come from. Mr. Olson said we would have to authorize change orders or a new contract. Mr. Dhuse said he hopes change orders and the cost difference would be minimal. Alderman Kot said he is concerned changing things around because residents know we have a five year plan and their roads are listed for this year, as long as there is some work going on, they will be happy. 2 Mr. Sanderson said to design the infrastructure that is needed, we will start that in September to get plans put together to submit for permits in 2014, then we can get the early bidding schedule and take advantage of good bidding projects and we will be off and running. Mr. Sanderson said there will be activity this fall. Mr. Olson said we are asking the committee to make a recommendation to city council on this new recommended schedule. Mr. Olson said things could change, but the city wants to get moving on this schedule. The committee discussed road fees and lowing the water and sewer fee. Alderman Teeling asked if the city will have the same issue in a couple years of having to raise the water fees again. Mr. Olson said that depends. Alderman Teeling said she understands that money for roads needs to come from somewhere. Alderman Teeling said she wants to make sure she can answer the residents questions as to why we are raising certain fees and give them the correct answer. Mr. Olson said the good thing about this plan is the city has an entire year to decide how much we want to spend, how much money do we need to increase and how much to do we need to cut. Alderman Teeling said she wants to make sure that this plan is solid before deciding on this. Alderman Kot said we need to be very cautious on raising fees on a regular basis. Residents don't mind if it is for a good reason, like the roads. Alderman Teeling said the residents want to see something being done, not just fees being collected. Mr. Olson agreed. Alderman Koch said things didn't get communicated really well and a lot of people didn't understand. Mr. Dhuse said we have spent two years on planning this project and we have the best numbers we have had for a five year program in a very long time. Mr. Olson said this plan is pay as you go, not a financed plan. Alderman Teeling said she is very pleased with that. Alderman Kot said he is okay with this plan, but the residents know that we did a road study and are expecting things to be fixed. We need to begin work and make sure the residents are informed of what is happening. Alderman Kot asked if we are not doing this until next year,will the city still be out fixing pot holes etc. Mr. Dhuse said yes. Mr. Olson asked the committee if there is a particular outreach method they would prefer. Alderman Teeling said the water bill. Mr. Olson said he will put together a power point presentation for the committee, so they will be completely informed on the issue and be able to tell the residents what is happening. The committee agreed to send out a letter to residents informing them when road work will begin on their street so they will know exactly what is going on. Mr. Dhuse said to put something in the Kendall County Record. Additional Business: Alderman Kot asked about the four lanes being put in on Route 47 and if it will effect the railroad crossing gates at all. Mr. Dhuse said he doesn't remember gates being in the plan. Alderman Kot said he would like to see gates there. Mr. Sanderson said he will check and find out the plans for the railroad crossing at the next Route 47 meeting. There being no further business, the meeting was adjourned at 6:50 p.m. 3 Minutes Respectfully Submitted by: Lisa Godwin Minute Taker 4 A. Co. Reviewed By: Agenda Item Number `u 0 40 Legal ❑ NB #1 Finance ❑ EST. 1836 Engineer ❑ ~�= City Administrator ❑ Tracking Number 1' Human Resources ❑ '$ �v Community Development ❑❑ PW 2013-13 Police ELE ��"� Public Works 0 Parks and Recreation ❑ Agenda Item Summary Memo Title: Water Department Reports for January &February 2013 Meeting and Date: Public Works—April 16, 2013 Synopsis: Monthly water reports that are submitted to the IEPA. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: o United City of Yorkville EST, � I "- % WATER DEPARTMENT REPORT t foil: cE N JANUARY 2013 MONTH / YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH 'S PUMPAGE FEET FEET FEET GALLONS 3 1335 510 120 102,000 4 1393 542 480 19,921 ,000 7 1527 1125 430 6,519, 000 i 8 1384 840 360 61800,000 9 1368 861 463 51882,000 TOTAL 37,718,000 CURRENT MONTH 'S PUMPAGE IS 6384000 GALLONS more THAN LAST MONTH 5,688 000 GALLONS IeSS THAN LAST YEAR i I DAILY AVERAGE PUMPED : 1 , 216, 709 GALLONS DAILY MAXIMUM PUMPED : 1 ,594,000 GALLONS DAILY AVERAGE PER CAPITA USE : 71 . 57 GALLONS WATER TREATMENT: CHLORINE : 900 LBS . FED CALCULATED CONCENTRATION : 930 MG/L i FLUORIDE : 343 LBS . FED CALCULATED CONCENTRATION : . 21 MG/L POLYPHOSPHATE : 818 LBS , FED CALCULATED CONCENTRATION : . 34 MG/L WATER QUALITY: BACTERIOLOGICAL SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY : 18 SATISFACTORY _0_ UNSATISFACTORY ( EXPLAIN ) I FLUORIDE : 3 SAMPLE(S) TAKEN CONCENTRATION : 1 . 0 MG/L MAINTENANCE : NUMBER OF METERS REPLACED : 1 NUMBER OF LEAKS OR BREAKS REPAIRED : _1_ MXU'S : 12 NEW CUSTOMERS: RESIDENTIAL : 8 COMMERCIAL: 0 INDUSTRIAL/GOVERNMENTAL: _0 I COMMENTS: it United City of Yorkville EST ; � " WATER DEPARTMENT REPORT _ %36 '0, 11 i a o '<ce �� FEBRUARY 2013 MONTH / YEAR WELLS i E NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH 'S PUMPAGE FEET FEET FEET GALLONS 3 1335 510 120 151,000 I 4 1393 542 480 18,781,000 i 7 1527 1125 430 51521, 000 8 1384 840 360 61037,000 9 1368 861 463 51482, 000 j TOTAL 33, 146,000 CURRENT MONTH 'S PUMPAGE IS 4, 572,000 GALLONS less THAN LAST MONTH 9, 269,000 GALLONS less THAN LAST YEAR i DAILY AVERAGE PUMPED : 1, 183785 GALLONS DAILY MAXIMUM PUMPED : 1400,000 GALLONS DAILY AVERAGE PER CAPITA USE : 69 .63 GALLONS I WATER TREATMENT: ! CHLORINE : 834 LBS . FED CALCULATED CONCENTRATION : 30 MG/L FLUORIDE : 256 LBS , FED CALCULATED CONCENTRATION : . 21 MG/ L POLYPHOSPHATE : 708 LBS . FED CALCULATED CONCENTRATION : . 34 MG/L i WATER QUALITY: BACTERIOLOGICAL SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY : 18 SATISFACTORY _0_ UNSATISFACTORY ( EXPLAIN ) FLUORIDE : 3 SAMPLE(S) TAKEN CONCENTRATION : 1 .0 MG/L MAINTENANCE : i NUMBER OF METERS REPLACED : 12 NUMBER OF LEAKS OR BREAKS REPAIRED : _1_ MXU 'S : 0 NEW CUSTOMERS: RESIDENTIAL : 2 COMMERCIAL: 0 INDUSTRIAL/GOVERNMENTAL: _0 I COMMENTS: 2/ 12/ 13 One main break repaired at 310 Blackberry Ct. 100,000 gallons lost. A. Co. Reviewed By: Agenda Item Number 440 Legal ❑ NB #2 Finance ❑ EST. 1836 Engineer ■ ~�= City Administrator ■ Tracking Number 1' Human Resources ❑ '$ �v Community Development ❑❑ PW 2013-14 Police ELE ��"� Public Works ■ Parks and Recreation ❑ Agenda Item Summary Memo Title: River Road Bridge Meeting and Date: PW Committee—April 16, 2013 Synopsis: Authorization Approval Consideration Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Consideration of Approval Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: D co,4 00 Memorandum To: Bart Olson, City Administrator est 1 tees From: Brad Sanderson, EEI 4 �w� CC: Eric Dhuse, Director of Public Works � a p Krysti Barksdale-Noble, Community Dev. Dir. K�AC��y�e' Lisa Pickering, Deputy City Clerk Date: March 26, 2013 Subject: River Road Bridge—Authorizations 4A, 6A, and 7 The purpose of this memo is to present Authorizations 4A, 6A, and 7 for the above referenced proj ect. An authorization, as defined by IDOT, is the written approval of a contract change and the written directive to the contractor to perform said work. By this definition, it alters the contract work from that awarded under the competitive bidding process. An Authorization of Contract Changes signed by the Regional Engineer signifies completed review of and support for the change proposed. Backsround• The State of Illinois and "D" Construction, Inc. entered into an agreement for a contract value of $1,463,662.55 for the above referenced project. Construction began on November 20, 2012 and will be completed in the upcoming construction season. The construction costs are being funded by 80 percent Federal participation and 20 percent local funds. The maximum federal participation amount is $1,742,000.00, inclusive of all change orders (authorizations) associated with this contract. Questions Presented: Should the City approve Authorizations No. 4A, 6A, and 7 the amount of$6,645.29? Discussion Authorization No. 4A is for additional effort to modify the alignment of the Blackberry Creek bypass pipe per request of the IDNR. Authorization No. 4A adds to previously completed work on the original approved Authorization No. 4. This additional work includes modifying the precast pipe bend in the field to match the new alignment and to add a concrete collar to the modified bend. Authorization No. 4A has a value of$4,249.45. Authorization No. 6A is for additional labor costs due to differing site conditions associated with the existing dam. A large quantity of unexpected water entered the coffer dam excavation for the dam extension through timbers utilized in the construction of the existing dam. Authorization No. 6A adds to previously completed work on the original approved Authorization No. 6. Since a separate pour was added to mitigate the water in Authorization 6, a keyway was added to this pour per approved modified plans. The labor for this keyway is accounted for in Authorization No. 6A. Authorization No. 6A has a value of$2,016.73. Authorization No. 7 is for additional labor to maintain machinery during winter months. Weekend maintenance on pumps, compressors and generators was required to keep this machinery from freezing during the cold weather. Authorization No. 7 has a value of$397.11. The net change to date of total authorizations is $50,834.06, which is a 3.47% increase to the original contract value; a revised contract value to date of $1,514,496.61. As such, the City's responsibility for the contract additions is the 20% share, or$10,166.81. We have attached MOT form BC-22 for Authorizations No. 4A, 6A, and 7 for your information. All authorizations have a pre-approval from the IDOT District 3 Local Agency Bureau of Construction Engineer. We are recommending approval of the Authorizations. Action Required: Consideration of approval from the City Council for Authorizations 4A, 6A, and 7. Illinois Department Authorization No. 4 A Authorization of of Transportation Sheet 1 of 1 Contract Changes Date: 03/26/2013 ❑ Contract Adjustment f] FHWA-Exempt County: Kendall ❑ Change Order ❑ Non-Exempt Section: 08-00036-00-BR ❑d Consultant ❑ Major Change Route F.A.U.3799(River Road) ❑ InHouse ❑� Minor Change District: 03 Contract: 87509 Job No.: C9303812 Consultant's Name: Engineering Enterprises, Inc Project No.: BRM-9003(883) Contractor: D Construction, Inc Address: 1488 South Broadway Coal City IL 60416- The following change from the plans in the construction of the above designated section of highway improvement is authorized and directed.The estimated quantities are shown below at the awarded contract prices except as indicated.The first addition of an item not in the original contract under the fund type or county is indicated by an asterisk. Item No. * Cat Pay Item Unit Quantity)I Unit PricelA/D Addition! Deduction) L� 33 . ID: L10EU01 CCS Code 093001] FRC00400 BY PASS PIPE REALIGNMEN DOLLAR 4,249.450 1.0000 A $4,249.45 $0.00 Amount of Original Contract: $1,463,662.55 Totals: $4,249.45 $0.00 Net Change To Date $48,438.22 Percent Change: 3.31% Net Change: 4,249.45 Project Location: THE STATE OF ILLINOIS By the Department of Transportation Description This authorization covers additional effort required to and Reason: modify the alignment of the 48"bypass pipe to outlet through the existing dam,per request of the IDNR. As Ann L. Schneider,Secretary Date part of the re-alignment,the pipe bend needed to be modified in the field and a pipe collar constructed. Determination: (G2)The undersigned determine that the change is Matthew R. Hughes, Director of F&A Date germane to the original contract as signed,because work of this type was included in the original contract, and the additional efforts of this work are within the intent of the contract and Departmental policy Ellen Schanzle-Haskins,Chief Counsel Date Date Deputy Director Division of Highways Regional Engineer Supervisor: Herb Jung Supervisor Date Date Engineer of Construction Resident: Bart Olson Date Director of Highways Chief Engineer Resident Date FHWA Acceptable to Proceed: 1 yes L No FHWA Participation: 1:1 Yes J No FHWA Representative Date Print Date: 03/26/2013 BC 22 (Rev. 01/12) Illinois Department Authorization No. 6 A Authorization of of an spor tation Sheet 1 of 1 Tr Contract Changes Date: 03/26/2013 ❑d Contract Adjustment �/❑ FHWA-Exempt County: Kendall ❑ Change Order ❑ Non-Exempt Section: 08-00036-00-BR ❑d Consultant ❑ Major Change Route F.A.U.3799(River Road) [f Minor Change District: 03 ❑ InHouse _ Contract: 87509 Job No.: C9303812 Consultant's Name: Engineering Enterprises, Inc Project No.: BRM-9003(883) Contractor: D Construction, Inc Address: 1488 South Broadway Coal City IL 60416- The following change from the plans in the construction of the above designated section of highway improvement is authorized and directed.The estimated quantities are shown below at the awarded contract prices except as indicated.The first addition of an item not in the original contract under the fund type or county is indicated by an asterisk. Item No. * Cat I Pay Item iUnit J Quantityl Unit Price A/D L Addition Deduction FAS ID: LlCEU01 CCS Code 093001 FRC00600 33 COFFER DAM WATER MMG DOLLAR 2,016.730 1.0000 A $2,016.73 $0.00 Amount of Original Contract: $1,463,662.55 Totals: $2,016.73 $0.00 Net Change To Date $50,454.95 Percent Change: 3.45% Net Change: 2,016.73 Project Location: THE STATE OF ILLINOIS By the Department of Transportation Description A Keyway was added to the modified dam extension per and Reason: approved modified dam pour. Authorization 6A covers additional effort involved with constructing the keyway. Ann L. Schneider,Secretary Date Structure was broken up into two pours to mitigate water coming through the walls and timber of the existing dam. Determination: (G3)The undersigned determine that the change is Matthew R. Hughes, Director of F&A Date germane to the original contract as signed,because the change represents an adjustment required by the contract,based on unpredictable developments in the work. Ellen Schanzle-Haskins,Chief Counsel Date Date Deputy Director Division of Highways Regional Engineer Supervisor: Herb Jung Supervisor Date Date Engineer of Construction Resident: Bart Olson Date Director of Highways Chief Engineer Resident Date FHWA Acceptable to Proceed: ❑ yes ❑ No FHWA Participation: ❑ yes ❑ No FHWA Representative Date Print Date: 03/26/2013 BC 22 (Rev. 01/12) f Illinois Department Authorization No. 7 Authorization of of Transportation Sheet 1 of 1 Contract Changes Date: 03/26/2013 rEl Contract Adjustment ❑/ FHWA-Exempt County: Kendall Change Order ❑ Non-Exempt Section: 08-00036-00-BR ❑�/ Consultant T ❑ Major Change Route F.A.U.3799(River Road) onsu ❑ I onsult d Minor Change District: 03 Contract: 87509 Job No.: C9303812 Consultant's Name: Engineering Enterprises, Inc Project No.: BRM-9003(883) Contractor: D Construction, Inc Address: 1488 South Broadway Coal City IL 60416- The following change from the plans in the construction of the above designated section of highway improvement is authorized and directed.The estimated quantities are shown below at the awarded contract prices except as indicated.The first addition of an item not in the original contract under the fund type or county is indicated by an asterisk. Item No. * Cat CPay Item _�Unit j Quantity Unit Price," Addition Deduction FAS ID: UCEU01 CCS Code 093001 FRC00700 33 WINTERIZATION MAINTENA DOLLAR 379.110 1.0000 A $379.11 $0.00 Amount of Original Contract: $1,463,662.55 Totals: $379.11 $0.00 Net Change To Date $50,834.06 Percent Change: 3.47% Net Change: 379.11 Project Location: THE STATE OF ILLINOIS By the Department of Transportation Description This authorization covers additional required to continue and Reason: work during winter months outside of working day requirements. Since the project incurred utility delays, D Ann L. Schneider,Secretary Date Construction was forced to start late and work through the winter. Additional labor was required to maintain Determination: (G1)The undersigned determine that the change is Matthew R. Hughes, Director of F&A Date germane to the original contract as signed,because provision for this work is included in the original contract. Ellen 5chanzle-Haskins,Chief Counsel Date Date Deputy Director Division of Highways Regional Engineer Supervisor: Herb Jung Supervisor Date Date Engineer of Construction Resident: Bart Olson Date Director of Highways Chief Engineer Resident Date /lz,/O FHWA Acceptable to Proceed: El Yes I No FHWA Participation: yes ❑ No FHWA Representative Date Print Date: 03/26/2013 BC 22 (Rev. 01/12) A. Co. Reviewed By: Agenda Item Number 440 Legal ❑ NB #3 Finance ❑ EST. 1836 Engineer ■ ~�= City Administrator ■ Tracking Number 1' Human Resources ❑ '$ �v Community Development PW 2013-15 Police ELE ��"� Public Works ■ Parks and Recreation ❑ Agenda Item Summary Memo Title: 2013 Road Program Meeting and Date: PW Committee—April 16, 2013 Synopsis: Contract Consideration Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Consideration of Approval Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: 2013 Road Program United City of Yorkville, Kendall County, IL Professional Services Agreement-Design and Construction Engineering 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 engineering services to the City as indicated on the included Attachment A. Design engineering for all roadways indicated on Attachment D will be provided; additionally construction engineering will be provided for all roadways on Attachment D that can be included without exceeding the approved 2013 Roadway Program budget. All 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 parry 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 Estimate of Level of Effort and Associated Cost included in Attachment B. Design Engineering will be paid for as a Lump Sum in the amount of $57,698.00 and Construction Engineering will be paid for hourly at the actual rates for services to be performed, currently estimated at $84,986.00. The hourly rates for this project are shown in the attached 2013 Standard Schedule of Charges. 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 1 st 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 1 st of that same year. 2013 Road Program United City of Yorkville Professional Services Agreement Design and Construction Engineering E. Ownership of Records and Documents: ENGINEER agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. ENGINEER agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the freedom of information act or if already previously disclosed by a third party. Upon termination of this agreement, ENGINEER agrees to return all such materials to the City. The City agrees not to modify any original documents produced by ENGINEER without contractors consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER'S sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER's sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kendall County, Illinois. G. Independent Contractor: ENGINEER shall have sole control over the manner and means of providing the work and services performed under this agreement. The City's relationship to the ENGINEER under this agreement shall be that of an independent contractor. ENGINEER will not be considered an employee to the City for any purpose. H. Certifications: Employment Status : The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery : The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. 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). 2013 Road Program United City of Yorkville Professional Services Agreement Design and Construction Engineering Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500 150-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony. Barred from Contracting : The Contractor certifies that it has not been barred from contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois Compiled Statutes 5/33E or similar law of another state. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity : The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment under the Contract, all books and records relating to the performance of the Contract and necessary to support amounts charged to the City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City and the Illinois Auditor General. If this Contract is funded from contract/grant funds provided by the U.S. Government, the Contract, books, and records shall be available for review and audit by the Comptroller General of the U.S. and/or the Inspector General of the federal 2013 Road Program United City of Yorkville Professional Services Agreement Design and Construction Engineering 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. L 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 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 2013 Road Program United City of Yorkville Professional Services Agreement Design and Construction Engineering manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of attachments are as follows: Attachment A: Scope of Services Attachment B: Estimated Level of Effort and Associated Cost Attachment C: Anticipated Project Schedule Attachment D: Location Map Attachment E: 2013 Standard Schedule of Charges L. Notices: All notices required to be given under the terms of this agreement shall be given mail, addressed to the parties as follows: For the City: For the ENGINEER: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 800 Game Farm Road Sugar Grove Illinois 60554 Yorkville, IL 60560 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. Agreed to this day of , 2013. United City of Yorkville: Engineering Enterprises, Inc.: Gary Golinski Brad Sanderson, P.E. Mayor Vice President Beth Warren Angie Ford City Clerk Executive Assistant 2013 Road Program United City of Yorkville Kendall County, IL Professional Services Agreement-Design and Construction Engineering Attachment A— Scope of Services Design Engineering: • Process required documents with the Illinois Department of Transportation for Motor Fuel Tax Projects including: • Section Number Request • BLR09111 -Resolution • BLRI 1510-Preliminary Estimate of Cost • Coordinate and develop with City Staff the final scope of improvements • Obtain,review and inventory existing utility,roadway,right-of-way,ownership, soil data, etc. • Obtain utility information to identify potential conflicts • Obtain geotechnical site data, consisting of pavement cores taken every 300-500 feet; confirm pavement design and rehabilitation methodology • Prepare MFT Construction Section bid package, and ancillary documents,including: • BLR12210-Cover • BLR12220-Notice to Bidders • BLR12221 -Proposal • BLR12222- Schedule of Prices • BLR12223 - Signatures • BLR12230-Bid Bond Form • BLR12325 -Apprenticeship Certification • BC57-Affidavit of Availability • Special Provisions • Prevailing Wage • Local Roads Special Provisions/Checksheets • District Special Provisions • Bureau of Design and Environment Special Provisions/Checksheets • City Provisions&Details • Existing/Proposed Typical Cross Sections • Plan View Exhibits(when necessary) • Profile View Exhibits(when necessary) • Cross sections at 50-100 foot intervals(when necessary) • Highway Standards • Coordinate IDOT and City review, including revisions and approval • Prepare preliminary and final cost estimates • Prepare a final estimate of work days and construction schedule • Assist in bidding, contractor/bid evaluations, contract preparation and additional contract administration as required; facilitate IDOT approval of Contract • Attend public meetings with Staff to review design progress • Attend the Pre-Construction Conference with the Contractor • Provide all bid packages in 8 ''/z" x I1'/z" format (11" x 17" for any required plan sheets in the bid package) • Provide planning/design/construction schedule and frequent updates regarding any potential items affecting the schedule 2013 Road Program United City of Yorkville Professional Services Agreement Design and Construction Engineering Attachment A -Scope of Services Construction Engineering: • Provide resident engineering for on-site observation • Daily documentation of work tasks and calculation of installed pay items • Monitor adherence to specifications • Gather material inspection and coordinate any required testing on behalf of the City • Provide guidance to the contractor when questions arise during construction • Prepare/verify payment estimates • Gather certified payrolls and waivers of lien • Provide information to residents as required • Perform punch list inspections, provide follow up inspections and recommend acceptance when appropriate • Communicate activities with City weekly, or as required based on onsite activities • Prepare necessary IDOT closeout paperwork Roadways Included: • McHugh Road,E. Main Street to N. of E. Spring Street • E. Somonauk Street, Colton Street to McHugh Road • Bristol Avenue,E. Somonauk Road to North End • Walnut Street,Route 47 to City Limits • Leisure Street, Prairie Lane to Sunset Avenue • W. Van Emmon, S.Main Street to State Street • W. Hydraulic Avenue, Morgan Street to West End • Jackson Street, Bristol Avenue to Freemont Street The last four roadways will be fully designed; the actual construction will depend on final design and awarded project cost; in the event that they cannot be constructed due to funding limitations, the designs for any roadways not constructed will be carried over and incorporated into the 2014 Road Program for construction. ATTACHMENT B -ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES 2013 ROAD PROGRAM United City of Yorkville,IL ENTITY: ENGINEERING SURVEYING DRAFTING ADMIN. WORK PRINCIPAL SENIOR SENIOR SENIOR ITEM COST WORK PROJECT ROLE: IN PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT CAD PROJECT HOUR PER ITEM CHARGE MANAGER ENGINEER ENGINEER MANAGER SURVEYOR I TECHNICIAN MANAGER TECHNICIAN ADMIN. SUMM, ITEM FINAL ENGINEERING NO. WORK ITEM HOURLY RATE: $171 $750 $129 $117 $150 $129 $141 $150 $117 $76 2.1 Project Management and Administration 16 32 P42 $ 7,536 2.2 Project Meetings 8 8 4 4 $ 3,552 2.3 Geotechnical Investigation Coordination,Field Work,Review Report) 4 4 $ 1,116 2.4 Anal a/Finalize Roadway Rehabilitation Methods 4 4 $ 1,116 2.5 Private Utility Coordination 2 8 $ 1,236 2.6 Site Review,Identification of Required Improvements 40 2 $ 6,156 2.7 Prepare Pre-Final Plans/Exhibits-50% 2 40 16 58 $ 8,214 2.8 Submit Pre-Final Plans to Utilities 4 4 8 $ 1,116 2.9 Prepare Pre-Final Plans/Exhibits and Bid Package-90% 60 8 16 84 $ 11,808 2.10 Prepare Engineers Opinion of Probable Construction Cost-90% 4 8 8 20 $ 2,568 2.11 Submit Bid Package for IDOT Review 4 4 8 $ 1,116 2.12 Revise and Resubmit Bid Package for IDOT Approval/Advertisement 24 8 16 48 $ 6,408 2.13 Bidding and ontracting 4 8 8 20 $ 2,256 Final Engineering Subtotal: 26 230 36 36 - - 48 10 386 54,798 CONSTRUCTION ENGINEERING 3.1 lContract Administration 81 36 1 1 60 1 1 1 1 1 1 11 104 1 $ 13,788 3.2 1construction Layout 1 4 40 44 $ 5,280 3.3 jObservation and Documentation 8 1 36 450 494 1 $ 59,418 Construction Engineering Subtotal: 16 1 761 j 550 642 78,486 DIRECT EXPENSES LABOR SUMMARY Printing $ 500 Engineering Expenses= $ 126,288 Su lies&Misc.= $ Surveying Ex enses= $ Geotechnical Rubino= $ 311,000 Drafting Ex enses= $ 5,616 Material Testing(Rubino)= $ 6,500 Administrative Expenses= 1$ 780 TOTAL LABOR EXPENSES= $ 132,684 DIRECT EXPENSES= $ 10,000 a �.�weunvon„im�zo�ano�a�erm+s aom tea+ sn�inmmmn,s.rW S.mmm-ars naive,sear ATTACHMENT C: FirgineeringEnterprfses Rnc PROJECT 2013 ROAD "PROGRAM UNITED CITY OF •'KVILLE,KENDALL COUNTY, WORK Year: 2013 ITEM Month: I May June July August September October November NO. WORK ITEM Week Starting: 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 1 8 15 22 29 6 13 20 27 17 24 FINAL DESIGN ENGINEERING ®Project Management and Administration �.■.■.........■......■■...■...■........� 2.2 Project Meetings 2.3 Geotechnical Investigation(Coordination,Field Work,Review Report) 2.4 Analyze/Finalize Roadway Rehabilitation Methods 2.5 Private Utility Coordination 2.6 Site Review,Identification of Required Improvements 2.7 Prepare Pre-Final Plans/Exhibits-50% 2.8 Submit Pre-Final Plans to Utilities 2.9 Prepare Pre-Final Plans/Exhibits and Bid Package-90% 2.10 Prepare Engineer's Opinion of Probable Construction Cost-90% 2.11 ISubmit Bid Package for IDOT Review;IDOT Review 2.12 Revise and Resubmit Bid Package for IDOT Approval/Advertisement 2.13 Bidding and Contracting 3.1 Contract Administration 3:? go ructiing Layout servat on and Documentation GAP,bfi.W�111=1-1314-P M13 Legend CONSTRUCTION ENGINEERING .• Project� Design Bidding and Contracting EConstruction MEN � :•�• , „ ■ �,� � =• o,=IIII�lip ■ ■ � �rri�ir' ■� •� ■ I■ ■son MEMO I soon Son X11■■1� ��II � / III■■ � � � �II�!I�II•�� 11111111 � bi11111 •�; 111111■ �• ■11111 �,�.. �1��■■11� � III ��R. �■■� 11■� mill �1111111� ��r � �1� - 1 � IIL� �111� ■ �■■ � - +1� 111 111 �I■■� ■�I�� ■■ ■ON ■1111 ■ �� % ■ 11111111 � 1■■I��r �Ii �� ii � - 111 ■ All � � - �■ � � �� - � '�11► 11 .. � � ■ all` ■ .� IMPROVEMENT LIMITS BASE �11 1 !■■111 ■ ALTERNATE ROADWAYS PROGRAM ■� •■ 11111111 • . ��■ �■ ■: ■11111111 ��• . � -� � � DATE: April 2013 ATTACHMENT D '•.• • •. • - • •1 ' LOCATION MAP I-. . •ar Standard Schedule of Charges January 1,2013 EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $171.00 Principal E-3 $171.00 Senior Project Manager E-2 $165.00 Project Manager E-1 $150.00 Senior Project Engineer/Planner/Surveyor II P-6 $138.00 Senior Project Engineer/Planner/Surveyor I P-5 $129.00 Project Engineer/Planner/Surveyor P-4 $117.00 Senior Engineer/Planner/Surveyor P-3 $108.00 Engineer/Planner/Surveyor P-2 $ 99.00 Associate Engineer/Planner/Surveyor P-1 $ 88.00 Senior Project Technician II T-6 $129.00 Senior Project Technician I T-5 $117.00 Project Technician T-4 $108.00 Senior Technician T-3 $ 99.00 Technician T-2 $ 88.00 Associate Technician T-1 $ 78.00 Administrative Assistant A-3 $ 78.00 CREW RATES,VEHICLES AND REPROGRAPHICS 1 Man Field Crew with Standard Survey Equipment $141.00 2 Man Field Crew with Standard Survey Equipment $219.00 1 Man Field Crew with RTS or GPS* $174.00 2 Man Field Crew with RTS or GPS* $252.00 Vehicle for Construction Observation $15.00 In-House Scanning and Reproduction $0.25/Sq.Ft.(Black&White) $1.00/Sq.Ft.(Color) *RTS=Robotic Total Station/GPS=Global Positioning System Road,52 Wheeler • 60554 1 11 1 / • A. Co. Reviewed By: Agenda Item Number 440 Legal ❑ NB #4 Finance ❑ EST. 1836 Engineer ■ ~�= City Administrator ■ Tracking Number 1' Human Resources ❑ '$ �v Community Development ❑❑ PW 2013-16 Police ELE ��"� Public Works ■ Parks and Recreation ❑ Agenda Item Summary Memo Title: Bristol Avenue Water Main Improvements Meeting and Date: PW Committee—April 16, 2013 Synopsis: Contract Consideration Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Consideration of Approval Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: Bristol Avenue Water Main Improvements United City of Yorkville, Kendall County, IL Professional Services Agreement- Design and Construction Engineering 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 engineering services to the City as indicated on the included exhibits. Design and Construction engineering will be provided for approximately 1100 linear feet of 8-inch water main on Bristol Avenue (see Exhibit 5 for project limits). Engineering will be in accordance with all City, Illinois Department of Transportation, and Illinois Environmental Protection Agency 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 Estimate of Level of Effort and Associated Cost included in Exhibit 3. Design Engineering will be paid for as a Fixed Fee (FF) in the amount of $19,500.00 and Construction Engineering will be paid for Hourly (HR) at the actual rates for services to be performed, currently estimated at $22,143.00. The hourly rates for this project are shown in the attached 2013 Standard Schedule of Charges (Exhibit 6). 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 I st 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 I st of that same year. Bristol Avenue Water Main Improvements United City of Yorkville Professional Services Agreement Design and Construction Engineering E. Ownership of Records and Documents: ENGINEER agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. ENGINEER agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the freedom of information act or if already previously disclosed by a third party. Upon termination of this agreement, ENGINEER agrees to return all such materials to the City. The City agrees not to modify any original documents produced by ENGINEER without contractors consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER's sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER'S sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kendall County, Illinois. G. Independent Contractor: ENGINEER shall have sole control over the manner and means of providing the work and services performed under this agreement. The City's relationship to the ENGINEER under this agreement shall be that of an independent contractor. ENGINEER will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery : The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. 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). Bristol Avenue Water Main Improvements United City of Yorkville Professional Services Agreement Design and Construction Engineering 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 5/33E or similar law of another state. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity : The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment under the Contract, all books and records relating to the performance of the Contract and necessary to support amounts charged to the City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City and the Illinois Auditor General. If this Contract is funded from contract/grant funds provided by the U.S. Government, the Contract, books, and records shall be available for review and audit by the Comptroller General of the U.S. and/or the Inspector General of the federal Bristol Avenue Water Main Improvements United City of Yorkville Professional Services Agreement Design and Construction Engineering 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 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 Bristol Avenue Water Main Improvements United City of Yorkville Professional Services Agreement Design and Construction Engineering 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: Exhibit 1: Professional Engineering Services Exhibit 2: Limitation of Authority, Duties and Responsibilities of the Resident Construction Observer Exhibit 2: Estimate of Level of Effort and Associated Cost Exhibit 3: Anticipated Project Schedule Exhibit 4: Location Map Exhibit 5: 2013 Standard Schedule of Charges L. Notices: All notices required to be given under the terms of this agreement shall be given mail, addressed to the parties as follows: For the City: For the ENGINEER: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 800 Game Farm Road Sugar Grove Illinois 60554 Yorkville, IL 60560 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. Agreed to this day of , 2013. United City of Yorkville: Engineering Enterprises, Inc.: Gary Golinski Brad Sanderson, P.E. Mayor Vice President Beth Warren Angie Ford City Clerk Executive Assistant EXHIBIT 1 SECTION A - PROFESSIONAL DESIGN ENGINEERING SERVICES For purposes of this Exhibit 1 and all attachments hereto, the term "contractor" shall not refer to Engineering Enterprises, Inc., but shall instead refer to individuals or companies contracted with, to construct or otherwise manage the project described herein. The ENGINEER shall furnish professional design engineering services as follows: 1. The ENGINEER will attend conferences with the OWNER, or other interested parties as may be reasonably necessary. 2. The ENGINEER will perform the necessary design surveys, accomplish the detailed design of the project, prepare construction drawings, specifications and contract documents, and prepare a final cost estimate based on final design for the entire system. It is also understood that if subsurface explorations (such as borings, soil tests, rock soundings and the like) are required, the ENGINEER will furnish coordination of said explorations without additional charge, but the costs incident to such explorations shall be paid for by the OWNER as set out in Section D hereof. 3. The contract documents furnished by the ENGINEER under Section A-2 shall utilize IEPA endorsed construction contract documents, including Supplemental General Conditions, Contract Change Orders, and partial payment estimates. 4. Prior to the advertisement for bids, the ENGINEER will provide for each construction contract, not to exceed 10 copies of detailed drawings, specifications, and contract documents for use by the OWNER, appropriate Federal, State, and local agencies from whom approval of the project must be obtained. The cost of such drawings, specifications, and contract documents shall be included in the basic compensation paid to the ENGINEER. 5. The ENGINEER will furnish additional copies of the drawings, specifications and contract documents as required by prospective bidders, material suppliers, and other interested parties, but may charge them for the reasonable cost of such copies. Upon award of each contract, the ENGINEER will furnish to the OWNER five sets of the drawings, specifications and contract documents for execution. The cost of these sets shall be included in the basic compensation paid to the ENGINEER. Original documents, survey notes, tracings, and the like, except those furnished to the ENGINEER by the OWNER, are and shall remain the property of the ENGINEER. 6. The drawings prepared by the ENGINEER under the provisions of Section A-2 above shall be in sufficient detail to permit the actual location of the proposed improvements on the ground. The ENGINEER shall prepare and furnish to the OWNER without any additional compensation, three copies of map(s) showing the general location of needed construction easements and permanent easements and the land to be acquired. Property surveys, property plats, property descriptions, abstracting and negotiations for land rights shall be accomplished by the OWNER, unless the OWNER requests, and the ENGINEER agrees to provide those services. In the event the ENGINEER is requested to provide such services, the ENGINEER shall be additionally compensated as set out in Section D hereof. 7. The ENGINEER will attend the bid opening and tabulate the bid proposal, make an analysis of the bids, and make recommendations for awarding contracts for construction. 8. The ENGINEER further agrees to obtain and maintain, at the ENGINEER's expense, such insurance as will protect the ENGINEER from claims under the Workman's Compensation Act and such comprehensive general liability insurance as will protect the OWNER and the ENGINEER from all claims for bodily injury, death, or property damage which may arise from the performance by the ENGINEER or by the ENGINEER's employees of the ENGINEER's functions and services required under this Agreement. 9. The ENGINEER will complete the final plans, specifications and contract documents and submit for approval of the OWNER, and all State regulatory agencies to meet the project schedule(s) as summarized in Exhibit 4: "Anticipated Project Schedule — Bristol Avenue Water Main Improvements" dated April 10, 2013. 2 SECTION B - PROFESSIONAL CONSTRUCTION ENGINEERING SERVICES The ENGINEER shall furnish professional construction engineering services as follows: 1. The ENGINEER will review, for conformance with the design concept, shop and working drawings required by the construction Contract Documents and indicate on the drawings the action taken. Such action shall be taken with reasonable promptness. 2. The ENGINEER will interpret the intent of the drawings and specifications to protect the OWNER against defects and deficiencies in construction on the part of the contractors. The ENGINEER will not, however, guarantee the performance by any contractor. 3. The ENGINEER will evaluate and determine acceptability of substitute materials and equipment proposed by Contractor(s). 4. The ENGINEER will establish baselines for locating the work together with a suitable number of bench marks adjacent to the work as shown in the contract documents. 5. The ENGINEER will provide general engineering review of the work of the contractor(s) as construction progresses to ascertain that the contactor is conforming to the design concept. (a) ENGINEER shall have authority, as the OWNER's representative, to require special inspection of or testing of the work, and shall receive and review all certificates of inspections, testing and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents (but only to determine generally that their content complies with requirements of, and the results certified indicate compliance with, the Contract Documents). (b) During such engineering review, ENGINEER shall have the authority, as the OWNER's representative, to disapprove of or reject contractor(s)' work while it is in progress if ENGINEER believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the Project as reflected in the Contract Documents. 3 6. The ENGINEER will provide resident construction observation. Resident construction observation shall consist of visual inspection of materials, equipment, or construction work for the purpose of ascertaining that the work is in substantial conformance with the contract documents and with the design intent. Such observation shall not be relied upon by others as acceptance of the work. The ENGINEER's undertaking hereunder shall not relieve the contractor of contractor's obligation to perform the work in conformity with the drawings and specifications and in a workmanlike manner; shall not make the ENGINEER an insurer of the contractor's performance; and shall not impose upon the ENGINEER any obligation to see that the work is performed in a safe manner. Exhibit 2 - The Limitations of Authority, Duties and Responsibilities of the Resident Construction Observer is attached to this Agreement. 7. The ENGINEER will cooperate and work closely with representatives of the OWNER. & Based on the ENGINEER's on-site observations as an experienced and qualified design professional, on information provided by the Resident Construction Observer, and upon review of applications for payment with the accompanying data and schedules by the contractor, the ENGINEER: (a) Shall determine the amounts owing to contractor(s) and recommend in writing payments to contractor(s) in such amounts. Such recommendations of payment will constitute a representation to OWNER, based on such observations and review, that the work has progressed to the point indicated, and that, to the best of the ENGINEER's knowledge, information and belief, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of such work as a functioning whole prior to or upon substantial completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation). (b) By recommending any payment, ENGINEER will not hereby be deemed to have represented that exhaustive, continuous or detailed reviews or examinations have been made by ENGINEER to check the quality or quantity of contractor(s)' work as it is furnished and performed beyond the responsibilities specifically assigned to ENGINEER in the Agreement and the Contract Documents. ENGINEER's review of contractor(s)' 4 work for the purposes of recommending payments will not impose on Engineer responsibility to supervise, direct or control such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto or contractor(s) compliance with laws, rules, regulations, ordinances, codes or orders applicable to their furnishing and performing the work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes any contractor has used the moneys paid on account of the Contract Price, or to determine that title to any of the work, materials equipment has passed to OWNER free and clear of any lien, claims, security interests, or encumbrances, or that there may not be other matters at issue between OWNER and contractor that might affect the amount that should be paid. 9, The ENGINEER will prepare necessary contract change orders for approval of the OWNER, and others on a timely basis, 10. The ENGINEER will make a final review prior to the issuance of the statement of substantial completion of all construction and submit a written report to the OWNER. Prior to submitting the final pay estimate, the ENGINEER shall submit the statement of completion to and obtain the written acceptance of the facility from the OWNER. 11. The ENGINEER will provide the OWNER with one set of reproducible record (as-built) drawings, and two sets of prints at no additional cost to the OWNER. Such drawings will be based upon construction records provided by the contractor during construction and reviewed by the resident construction observer and from the resident construction observer's construction data. 12. If State Statutes require notices and advertisements of final payment, the ENGINEER shall assist in their preparation. 13. The ENGINEER will be available to furnish engineering services and consultations necessary to correct unforeseen project operation difficulties for a period of one year after the date of statement of substantial completion of the facility. This service will include instruction of the OWNER in initial project operation and maintenance but will not include supervision of normal 5 operation of the system. Such consultation and advice shall be at the hourly rates as described in the attached Exhibit 6: Standard Schedule of Charges dated January 1, 2013. The ENGINEER will assist the OWNER in performing a review of the project during the 11th month after the date of the certificate of substantial completion. 14. The ENGINEER further agrees to obtain and maintain, at the ENGINEER's expense, such insurance as will protect the ENGINEER from claims under the Workman's Compensation Act and such comprehensive general liability insurance as will protect the OWNER and the ENGINEER from all claims for bodily injury, death, or property damage which may arise from the performance by the ENGINEER or by the ENGINEER's employees of the ENGINEER's functions and services required under this Agreement. 15. The ENGINEER will provide construction engineering services in accordance with the periods summarized in Exhibit 4: "Anticipated Project Schedule — Bristol Avenue Water Main Improvements" dated April 10, 2013. If the above is not accomplished within the time period specified, this Agreement may be terminated by the OWNER. The time for completion may be extended by the OWNER for a reasonable time if completion is delayed due to unforeseeable cases beyond the control and without the fault or negligence of the ENGINEER. Pursuant to Paragraph D "Changes in Rates of Compensation", the contract shall be designated on-going consistent with the project schedule. 6 SECTION C—COMPENSATION FOR ENGINEERING SERVICES 1. The OWNER shall compensate the ENGINEER for professional design engineering services in the amount of Nineteen Thousand Five Hundred Dollars — Fixed Fee (FF) ($19,500 FF) as summarized on Exhibit 3: "Estimate of Level of Effort and Associated Cost for Professional Engineering Services for Bristol Avenue Water Main Improvements" dated April 10, 2013. (a) The compensation for the professional design engineering services shall be payable as follows: (1) A sum which does not exceed ninety percent (90%) of the total compensation payable under Section C-1 shall be paid in monthly increments for work actually completed and invoiced, for grant administration and for the preparation and submission to the OWNER and/or IEPA of the construction drawings, specifications, cost estimates and contract documents. (2) A sum which, together with the compensation paid pursuant to Section C-1(a)(1) above, equals one hundred percent (100%) of the total compensation due and payable in accord with Section C-1 above, shall be due immediately after the award of construction contract(s) is approved by the corporate authorities. 2. The OWNER shall compensate the ENGINEER for the construction administration, construction staking, construction observation (including the Resident Construction Observer), and any additional consultation and surveying services on the basis of Hourly Rates (HR) as described on the attached Exhibit 6: Standard Schedule of Charges dated January 1, 2013. The estimated values are included in Exhibit 3: "Estimate of Level of Effort and Associated Cost for Professional Engineering Services for Bristol Avenue Water Main Improvements" dated April 10, 2013 and are estimated at $22,143 Hourly (HR). (a) The compensation for the construction administration, construction staking, construction observation (including the Resident Construction Observer), and any additional consultation and surveying services shall be payable as follows: 7 (1) A sum which equals any charges for work actually completed and invoiced shall be paid at least once per month. 3. The OWNER shall compensate the ENGINEER for direct expenses as identified in the contract and as noted on Exhibit 3 at the actual cost or hourly cost for the work completed. (1) A sum which equals any charges for work actually completed and invoiced shall be paid at least once per month. 4. The compensation for any additional engineering services authorized by the OWNER pursuant to Section D shall be payable as follows: (a) A sum which equals any charges for work actually completed and invoiced shall be paid at least once per month. 8 SECTION D—ADDITIONAL ENGINEERING SERVICES In addition to the foregoing being performed, the following services may be provided UPON PRIOR WRITTEN AUTHORIZATION OF THE OWNER. 1. Site surveys outside of the project limits and other similar special surveys as may be required. 2. Laboratory tests, well tests, borings, specialized geological soils hydraulic, or other studies recommended by the ENGINEER. 3. Property surveys, detailed description of sites, maps, drawings, or estimates related thereto; assistance in negotiating for land and easement rights. 4. Necessary data and filing maps for litigation, such as condemnation. 5. Redesigns ordered by the OWNER after final plans have been accepted by the OWNER and IEPA. 6. Appearances before courts or boards on matters of litigation or hearings related to the project. 7. Preparation of environmental impact assessments or environmental impact statements. 8. Making drawings from field measurements of existing facilities when required for planning additions or alterations thereto. 9. Services due to changes in the scope of the Project or its design, including but not limited to, changes in size, complexity, schedule or character of construction. 10. Revising studies or reports which have previously been approved by the OWNER, or when revisions are due to cases beyond the control of the ENGINEER. 9 11. Preparation of design documents for alternate bids where major changes require additional documents. 12. Preparation of detailed renderings, exhibits or scale models for the Project. 13. Providing special analysis of the OWNER's needs such as owning and operating analysis, plan for operation and maintenance, OWNER's special operating drawings or charts, and any other similar analysis. 14. The preparation of feasibility studies, appraisals and evaluations, detailed quantity surveys of material and labor, and material audits or inventories by the OWNER. 15. Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) defective or incomplete work of the contractor, and/or (3) the contractor's default on the Construction Contract due to delinquency or insolvency. 16. Providing design services relating to future facilities, systems and equipment which are not intended to be constructed or operated as a part of the Project. 17. Providing other services not otherwise provided for in this Agreement, including services normally furnished by the OWNER as described in Section E — SPECIAL PROVISIONS — Owner's Responsibilities. Payment for the services specified in this Section E shall be as agreed in writing between the OWNER and the ENGINEER prior to commencement of the work. The ENGINEER will render to OWNER for such services an itemized bill, separate from any other billing, once each month, for compensation for services performed hereunder during such period, the same to be due and payable by OWNER to the ENGINEER on or before the 10th day of the following period. Payment for services noted in D shall be at Actual Cost (AC), Fixed Fee (FF) or Hourly (HR). 10 SECTION E - SPECIAL PROVISIONS 1. OWNER'S RESPONSIBILITIES (a) Provide to the ENGINEER all criteria, design and construction standards and full information as to the OWNER's requirements for the Project. (b) Designate a person authorized to act as the OWNER's representative. The OWNER or his representative shall receive and examine documents submitted by the ENGINEER, interpret and define the OWNER's policies and render decisions and authorizations in writing promptly to prevent unreasonable delay in the progress of the ENGINEER's services. (c) Furnish laboratory tests, air and water pollution tests, reports and inspections of samples, materials or other items required by law or by governmental authorities having jurisdiction over this Project, or as recommended by the ENGINEER. (d) Provide legal, accounting, right-of-way acquisition and insurance counseling services necessary for the Project, legal review of the construction Contract Documents, and such auditing services as the OWNER may require to account for expenditures of sums paid to the contractor. (e) Furnish above services at the OWNER's expense and in such manner that the ENGINEER may rely upon them in the performance of his services under this Agreement and in accordance with the Project timetable. (f) Guarantee full and free access for the ENGINEER to enter upon all property required for the performance of the ENGINEER's services under this Agreement. (g) Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any defect in the Project or other event which may substantially affect the ENGINEER's performance of services under this Agreement. 11 (h) Protect and preserve all survey stakes and markers placed at the project site prior to the assumption of this responsibility by the contractor and bear all costs of replacing stakes or markers damaged or removed during said time interval. 2. Delegation of Duties - Neither the OWNER nor the ENGINEER shall delegate his duties under this Agreement without the written consent of the other. 3. The ENGINEER has not been retained or compensated to provide design services relating to the contractor's safety precautions or to means, methods, techniques, sequences, or procedures required by the contractor to perform his work but not relating to the final or completed structure. Omitted services include but are not limited to shoring, scaffolding, underpinning, temporary retainment of excavations and any erection methods and temporary bracing. 4. The ENGINEER intends to render his services under this Agreement in accordance with generally accepted professional practices for the intended use of the Project. 5. Since the ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s) methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Costs and Construction Costs provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as an experienced and qualified professional engineer, familiar with the construction industry. The ENGINEER cannot and does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost prepared by him. If prior to the bidding or negotiating phase OWNER wishes greater assurance as to project or construction costs he shall employ an independent cost-estimator. 6. Access to Records: (a) The ENGINEER agrees to include subsections E-6(b) through E-6(e) below in all contracts and all subcontracts directly related to project services which are in excess of $25,000. 12 (b) The ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance of Agency loan work under this Agreement consistent with generally accepted accounting standards in accordance with the American Institute of Certified Public Accountants Professional Standards (666 Fifth Avenue, New York, New York 10019; June 1, 1987). The Agency or any of its duly authorized representatives shall have access to such books, records, documents and other evidence for the purpose of inspection, audit and copying. The ENGINEER will provide facilities for such access and inspection. (c) Audits conducted pursuant to this provision shall be in accordance with generally accepted auditing standards. (d) The ENGINEER agrees to the disclosure of all information and reports resulting from access to records pursuant to subsection E-6(b) above, to the Agency. Where the audit concerns the ENGINEER, 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. The final audit report will include the written comments,if any, of the audited parties. (e) Records under subsection E-6(b) above shall be maintained and made available during performance on Agency loan work under this agreement and until three years from date of final Agency loan audit for the project. In addition, those records which relate to any "dispute" appeal under an Agency loan agreement, or litigation, or the settlement of claims arising out of such performance, costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7. Covenant Against Contingent Fees - The ENGINEER 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 13 consideration or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8. Covenant Against Contingent Fees - The loan recipient warrants that no person or agency has been employed or retained to solicit or secure a PWSLP loan upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warranty, the Agency shall have the right to annul the loan or to deduct from the loan or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 9. Certification Regarding Debarment — The ENGINEER certifies that the services of anyone that has been debarred or suspended under Federal Executive Order 12549 has not, and will not, be used for work under this Agreement. 10. Affirmative Action — 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 Clean Water Loan Program rules. As required by the award conditions of USEPA's Assistance Agreement with IEPA, the ENGINEER acknowledges that the fair share percentages are 5% for MBEs and 12% for WBEs. 11. The 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. 14 EXHIBIT 2 THE LIMITATIONS OF AUTHORITY, DUTIES AND RESPONSIBILITIES OF THE RESIDENT CONSTRUCTION OBSERVER ARE AS FOLLOWS: 1. The Resident Construction Observer shall act under the direct supervision of the ENGINEER, shall be the ENGINEER's agent in all matters relating to on-site construction review of the contractor's work, shall communicate only with the ENGINEER and the contractor (or contractor's), and shall communicate with subcontractors only through the contractor or his authorized superintendent. The OWNER shall communicate with the Resident Construction Observer only through the ENGINEER. 2. The Resident Construction Observer shall review and inspect on-site construction activities of the contractor relating to portions of the Project designed and specified by the Engineer as contained in the Construction Contract Documents. 3. Specifically omitted from the Resident Construction Observer's duties is any review of the contractor's safety precautions, or the means, methods, sequences, or procedures required for the contractor to perform the work but not relating to the final or completed Project. Omitted design or review services include but are not limited to shoring, scaffolding, underpinning, temporary retainment of excavations and any erection methods and temporary bracing. 4. The specific duties and responsibilities of the Resident Construction Observer are enumerated as follows: (a) Schedules: Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by contractor and consult with ENGINEER concerning their acceptability. (b) Conferences: Attend preconstruction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with ENGINEER and notify those expected to attend in advance. Attend meetings and maintain and circulate copies of minutes thereof. 15 (c) Liaison: (1) Serve as ENGINEER's liaison with contractor, working principally through contractor's superintendent and assist him in understanding the intent of the Contract Documents. (2) Assist ENGINEER in serving as OWNER's liaison with contractor when contractor's operations affect OWNER's on-site operations. (3) As requested by ENGINEER, assist in obtaining from OWNER additional details or information, when required at the job site for proper erection of the work. (d) Shop Drawings and Samples: (2) Receive and record date of receipt of Shop Drawings and samples. (3) Receive samples which are furnished at the site by contrctor, and notify ENGINEER of their availability for examination. (3) Advise ENGINEER and contractor or its superintendent immediately of the commencement of any work requiring a Shop Drawing or sample submission if the submission has not been approved by ENGINEER. (e) Review of Work, Rejection of Defective Work, Inspections and Tests: (1) Conduct on-site inspection of the work in progress to assist ENGINEER in determining if the work is proceeding in accordance with the Contract Documents and that completed work will conform to the Contract Documents. (2) Report to ENGINEER whenever he believes that any work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, test or approval required to be made or 16 has been damaged prior to final payment; and advise ENGINEER when he believes work should be corrected or rejected or should be uncovered for inspection, or requires special testing, inspection or approval. (3) Verify that tests, equipment and systems start-ups, and operating and maintenance instructions are conducted as required by the Contract Documents and in presence of the required personnel, and that contractor maintains adequate records thereof; observe, record and report to ENGINEER appropriate details relative to the test procedures and start-ups. (4) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to ENGINEER. (f) Interpretation of Contract Documents: Transmit to contractor ENGINEER's clarifications and interpretations of the Contract Documents. (g) Modifications: Consider and evaluate contractor's suggestions for modifications in Drawings or Specifications and report them with recommendations to ENGINEER. (h) Records: (1) Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples submissions, reproductions of original Contract Documents including all addenda, change orders, field orders, additional drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. (2) Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily 17 activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Send copies to ENGINEER. (4) Record names, addresses and telephone numbers of all contractor's, subcontractors and major suppliers of materials and equipment. (i) Reports: (1) Furnish ENGINEER periodic reports as required of progress of the work and contractor's compliance with the approved progress schedule and schedule of Shop Drawing submissions. (2) Consult with ENGINEER in advance of schedule major tests, inspections or start of important phases of the work. (3) Report immediately to ENGINEER upon the occurrence of any accident. (j) Payment Requisitions: Review applications for payment with contractor for compliance with the established procedure for their submission and forward them with recommendations to ENGINEER, noting particularly their relation to the schedule of values, work completed and materials and equipment delivered at the site but not incorporated in the work. (k) Certificates, Maintenance and Operating Manuals: During the course of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by contractor are applicable to the items actually installed; and deliver this material to ENGINEER for his review and forwarding to OWNER prior to final acceptance of the work. (1) Completion: (1) Before ENGINEER issues a Statement of Substantial Completion, submit to contractor a list of observed items requiring completion or correction. 18 (2) Conduct final review in the company of ENGINEER, OWNER and contractor and prepare a final list of items to be completed or corrected. (3) Verify that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. 19 EXHIBIT 3 ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST FOR PROFESSIONAL ENGINEERING SERVICES FOR BRISTOL AVENUE WATER MAIN IMPROVEMENTS United City of Yorkville,IL April 10,2013 ENTITY: ENGtNEERMKi SURVEYING DRAFTING DM N' WORK PRINCIPAL SENIOR SENIOR SENIOR SENIOR ITEM COST WORK PROJECT ROLE:' IN PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT CAD PROJECT HOUR PER ITEM CHARGE MANAGER ENG.II ENG.I MANAGER SURVEYOR I TECHNICIAN MANAGER TECHNICIAN ADMIN. SUMM. ITEM N0. WORK ITEM HOURLY RATE= b171 5150 5138 5729 5150 5728 5108 5129 Si 77 S7B FINAL ENGINEERING 2.1 Prqect Management and Administration 1 12 - - 13 22 Pro'ect Meetinas 2 4 - 6 S 942 2.3 To.o r hic Serve 6 12 - 18 S 2,448 2.4 Utility Coordination 2 4 - 1 7. $ 894 2.5 Final Plans Specifications and Estimates 1 12 30 3 34 80 $ 10.206 2.6 Pe'mittin 2 4 - - 6 $ 816 2.7 Biddin and Contractin 5 17 $ 2.211 Finer Engn0el rYn SuhtOtel:. 5 38 S 1 121 3 34 6. 147 18;A88 CONSTRUCTION 3.1 Contract Administration 41 151 13 d 36 $ 4,923 32 Construction Layout and Record Drawings __ 1 2 3 12 _ 18 $ 2,406 3..3 jObservation and Documentation 2 1 12 94 7 1 115 $ 14.814 ConsU'uC1 4n I n Inoering Subtotal: 61 201 1 1091 3 121 111 1159 S 22.i43 E fif S LABOR SUMMARY Prixrh S 500 FrkgIne@n2q t"rrALS- 5 31.494 ties d'Atlsc. S Soo Surva nw�- S 4,446 Malachi Testing S 700 Df•Ili Es eases- S 4.355 Ern€rwwwntal Assessment= S 5.004 AdmrnlSVative Erpen,e-,- a _ 1.326 DIRECT EXPENSES. S 7,%0 TOTAL LABOR EXPENSES. S 41A31 u• c.m.oi.wonMn.naiawoasaem<i rw....w.w�..msevE�o.a r,.amenon e,nr.amm.r EXHIBIT 4 ANTICIPATED PROJECT BRISTOL AVENUE WATER MAIN IMPROVEMENTS UNITED CITY Englneering Enterprises,fna OF •'KVILLE,KENDALL COUNTY, April 10,2013 WORK Yearl ITEM Month; April may June u y us e 0 rn r .. . 2.2 Prolect Meetings 2.4 Utility Coordination 2.5 Final Plans.Si)ecifications and Estimates 23 30 7 14 2.6 Permitting FINAL DESIGN ENGINEERING CONSTRUCTION ENGINEERING 3=1 Contract Administration 3.2 Cortstructioo Layout and Record Drawings JObservation and Documentation Legend Project Management&• Permitting Bidding Design rye $fie' Y CD Vjtefans Pkwy aN . o, i s xva _ I - - — 4 ! `� C U 'LL Ic ��b •�. X11 _n a$._ Londmark .. ._.. ��rya fit, �4,` f1' d t F-Somooauk 5t A� W 5amonauk&t - �-s�lJ - mnna of S __ W So �� p �' ur � 1' I � u I _ 0 W'Cantor SI { _ - _ _a I m enlpr Si r r om �r - ; ti - v Bohrnne Sk Maln _P ^Jp f L lA 6 Malin 33 wet izd►> � e Fox II - �� W tfy3iraullc'� - - 1 BHydraUkAve 1rt / W Hydraulic Avo Il]I �' - c _ _ a S -9 m }� -.. �-__. E Van EmmC13 S1 rLW-ir�t-ad-f�s�ar[a Sit i � � J J Wes--{ S • oo99eA SILLJ m fio W 'JJPP 74 t /. p {� „o� ya rn ° _ S E Ridge Sf. `✓'+ _�`'\ W Wears $� n 9 3C -. Sb it � LEGEND 3� rant a I 1 0 500 1,000 2,000 4 IMPROVEMENT LIMITS W Dolplt St FPP.t y y 1 Engineering Enterprises, Inc DATE: April 2013 N 52 Wheeler Roam (PROJECT NO.: Y01315 EXHIBIT 5 Sugar Grove, Illinois 60554 IBY: KKP LOCATION MAP (030)b 466_6700 PAT v m eeiweb,co , FE IS PLaLICVYOP>NL EL 013 p1J15 I Y01315 Location MX0 EXHIBIT 6 Standard Sc C S EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $171.00 Principal E-3 $171.00 Senior Project Manager E-2 $165.00 Project Manager E-1 $150.00 Senior Project Engineer/Planner/Surveyor II P-6 $138.00 Senior Project Engineer/Planner/Surveyor I P-5 $129.00 Project Engineer/Planner/Surveyor P-4 $117.00 Senior Engineer/Planner/Surveyor P-3 $108.00 Engineer/Planner/Surveyor P-2 $ 99.00 Associate Engineer/Planner/Surveyor P-1 $ 88.00 Senior Project Technician II T-6 $129.00 Senior Project Technician I T-5 $117.00 Project Technician T-4 $108.00 Senior Technician T-3 $ 99.00 Technician T-2 $ 88.00 Associate Technician T-1 $ 78.00 Administrative Assistant A-3 $ 78.00 CREW RATES, VEHICLES AND REPROGRAPHICS 1 Man Field Crew with Standard Survey Equipment $141.00 2 Man Field Crew with Standard Survey Equipment $219.00 1 Man Field Crew with RTS or GPS * $174.00 2 Man Field Crew with FITS or GPS * $252.00 Vehicle for Construction Observation $15.00 In-House Scanning and Reproduction $0.25/Sq. Ft. (Black&White) $1.00/Sq. Ft. (Color) 'RTS=Robotic Total Station/GPS=Global Positioning System Road,52 Wheeler Sugar Grove, 60554 • 1 466-6700 • 1 466-6701 fax — www.eeiw'• • �It. D CO. Reviewed By: Agenda Item Number .�� ©+ Legal ❑ NB #5 Finance ❑ EST. A 1836 Engineer ~=� City Administrator Tracking Number JI Human Resources ❑ �© Community Development PW 2013-17 '+ Police ❑ CLE ti�'� Public Works E Parks and Recreation ❑ Agenda Item Summary Memo Title: Rt 47 Parking Lot Meeting and Date: PW Committee—April 16, 2013 Synopsis: Proposal Consideration Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Consideration of Approval Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: NB #5a Gr r r car' ri r Sri% r r [r r April 10, 2013 Mr. Bart Olson City Administrator United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Amendment No. 2 to Professional Engineering Services for Route 47 Off-Street Parking Improvements United City of Yorkville, Kendall County, IL Dear Mr. Olson: Please find enclosed a revision to the Preliminary Engineering Services Agreement for the Route 47 Off-Street Parking Improvements executed by the United City of Yorkville in January 2011. We have attached four (4) copies of the revised contract for your review. The revision is necessitated because of the additional coordination with City staff and preparation of cost estimates due to postponing the design, the environmental soils analysis to determine if there are contaminated wastes on site, the Phase 1 Archaeological Study required by IHPA and the design revisions to alleviate some of the increased costs of construction. This revised contract also now includes the bidding and contracting for the project. The additional fee to complete this work is $21,940, which includes the cost of our sub- contractors. The revised total cost for the design engineering services is $70,340 Fixed Fee. Please note that this Fixed Fee does not include preparation of easement documents. Any work associated with preparing easement documents will be paid at an hourly rate. We estimate this work to cost an additional $1,000. Road,52 Wheeler Sugar Grove, 60554 • 1 466-6700 • 1 466-6701 fax — www.eeiw'• • Mr. Bart Olson April 10, 2013 Page 2of2 If you have any questions, please do not hesitate to contact us. Respectfully submitted, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President Enclosure PC: Ms. Krysti Barksdale-Noble, Community Development Director Mr. Eric Dhuse, Public Works Director Ms. Lisa Pickering, Deputy Clerk DMT, EEI \\Milkyway\EEI_Storage\Docs\Public\Yorkville\2010\Y01001 Rt 47 Off-Street Parking Improvements\Doc\Engineering Contract\Engineering Agreement-Amendment No 2- Additional Design&Bidding\2013-04-05 Contract Letter-Bidding and Design doe Municipality L Name United City of Yorkville O Illinois Department C Engineering Enterprises, Inc. C of Transportation O Township A N Address Kendall L S 52 Wheeler Road Preliminary Engineering U County A Services Agreement L City Kendall G for T Sugar Grove E Motor Fuel Tax Funds A Section N N State 10-00041-00-PK C T Illinois Y THIS AGREEMENT is made and entered into this 10th day of April 2013 between the above Local Agency(LA) and Consultant(ENGINEER) and covers certain professional engineering services in connection with the improvement of the above SECTION. Motor Fuel Tax Funds, allotted to the LA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the "DEPARTMENT", will be used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. Section Description Name Route 47 Off-Street Parking Improvements Route FAP 326 Length 0.02 Mi. 100 FT (Structure No. ) Termini Southeast corner of Van Emmon and Main Street Description: Design of parking improvements at the southeast corner of Van Emmon and Main Street to replace parking spaces eliminated with IL Route 47 reconstruction improvements. Agreement Provisions The Engineer Agrees, 1. To perform or be responsible for the performance of the following engineering services for the LA, in connection with the proposed improvements herein before described, and checked below: a. ® Make such detailed surveys as are necessary for the preparation of detailed roadway plans b. ❑ Make stream and flood plain hydraulic surveys and gather high water data, and flood histories for the preparation of detailed bridge plans. c. ® Make or cause to be made such soil surveys or subsurface investigations including borings and soil profiles and analyses thereof as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations are to be made in accordance with the current requirements of the DEPARTMENT. d. ❑ Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. e. ❑ Prepare Army Corps of Engineers Permit, Department of Natural Resources-Office of Water Resources Permit, Bridge waterway sketch, and/or Channel Change sketch, Utility plan and locations, and Railroad Crossing work agreements. f. ❑ Prepare Preliminary Bridge design and Hydraulic Report, (including economic analysis of bridge or culvert types) and high water effects on roadway overflows and bridge approaches. g. ® Make complete general and detailed plans, special provisions, proposals and estimates of cost and furnish the LA with five (5) copies of the plans, special provisions, proposals and estimates. Additional copies of any or all documents, if required, shall be furnished to the LA by the ENGINEER at his actual cost for reproduction. h. ❑ Furnish the LA with survey and drafts in quadruplicate of all necessary right-of-way dedications, construction easement and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. Printed 4/11/2013 Page 1 of 4 BLR 05510(Rev. 11/06) i. ❑ Assist the LA in the tabulation and interpretation of the contractors' proposals j. ❑ Prepare the necessary environmental documents in accordance with the procedures adopted by the DEPARTMENT's Bureau of Local Roads & Streets. k. ❑ Prepare the Project Development Report when required by the DEPARTMENT. (2) That all reports, plans, plats and special provisions to be furnished by the ENGINEER pursuant to the AGREEMENT, will be in accordance with current standard specifications and policies of the DEPARTMENT. It is being understood that all such reports, plats, plans and drafts shall, before being finally accepted, be subject to approval by the LA and the DEPARTMENT. (3) To attend conferences at any reasonable time when requested to do so by representatives of the LA or the Department. (4) In the event plans or surveys are found to be in error during construction of the SECTION and revisions of the plans or survey corrections are necessary, the ENGINEER agrees that he will perform such work without expense to the LA, even though final payment has been received by him. He shall give immediate attention to these changes so there will be a minimum delay to the Contractor. (5) That basic survey notes and sketches, charts, computations and other data prepared or obtained by the Engineer pursuant to this AGREEMENT will be made available, upon request, to the LA or the DEPARTMENT without cost and without restriction or limitations as to their use. (6) That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by him and will show his professional seal where such is required by law. The LA Agrees, 1. To pay the ENGINEER as compensation for all services performed as stipulated in paragraphs 1a,1c, 1d, 1g, 1i, 2, 3, 5 and 6 (as applicable) in accordance with one of the following methods indicated by a check mark: a. ❑ A sum of money equal to percent of the awarded contract cost of the proposed improvement as approved by the DEPARTMENT. b. ❑ A sum of money equal to the percent of the awarded contract cost for the proposed improvement as approved by the DEPARTMENT based on the following schedule: Schedule for Percentages Based on Awarded Contract Cost Awarded Cost Percentage Fees Under $50,000 (see note) Note: Not necessarily a percentage. Could use per diem, cost-plus or lump sum. c. ® A lump sum of money in the amount of$70,340.00. 2. To pay for services stipulated in paragraphs 1b, 1e, 1f, 1 h, 1j & 1 k of the ENGINEER AGREES at actual cost of performing such work plus percent to cover profit, overhead and readiness to serve-"actual cost" being as material cost plus payrolls, insurance, social security and retirement deductions. Traveling and other out-of-pocket expenses will be reimbursed to the ENGINEER at his actual cost. Subject to the approval of the LA, the ENGINEER may sublet all or part of the services provided under the paragraph 1 b, 1c, 1 d, 1 e, 1f, 1 h, 1j & 1 k. If the ENGINEER sublets all or part of this work, the LA will pay the cost to the ENGINEER plus a five (5) percent service charge. "Cost to Engineer"to be verified by furnishing the LA and the DEPARTMENT copies of invoices from the party doing the work. The classifications of the employees used in the work should be consistent with the employee classifications for the services performed. If the personnel of the firm, including the Principal Engineer, perform routine services that should normally be performed by lesser-salaried personnel, the wage rate billed for such services shall be commensurate with the work performed. Printed 4/11/2013 Page 2 of 4 BLR 05510(Rev. 11/06) 3. That payments due the ENGINEER for services rendered in accordance with this AGREEMENT will be made as soon as practicable after the services have been performed in accordance with the following schedule: a. Upon completion of detailed plans, special provisions, proposals and estimate of cost-being the work required by paragraphs 1a through 1g under THE ENGINEER AGREES -to the satisfaction of the LA and their approval by the DEPARTMENT, 90 percent of the total fee due under this AGREEMENT based on the approved estimate of cost. b. Upon award of the contract for the improvement by the LA and its approval by the DEPARTMENT, 100 percent of the total fee due under the AGREEMENT based on the awarded contract cost, less any amounts paid under"a" above. By Mutual agreement, partial payments, not to exceed 90 percent of the amount earned, may be made from time to time as the work progresses. 4. That, should the improvement be abandoned at any time after the ENGINEER has performed any part of the services provided for in paragraphs 1 a, through 1 h and prior to the completion of such services, the LA shall reimburse the ENGINEER for his actual costs plus 13426 percent incurred up to the time he is notified in writing of such abandonment"actual cost" being defined as in paragraph 2 of THE LA AGREES. 5. That, should the LA require changes in any of the detailed plans, specifications or estimates except for those required pursuant to paragraph 4 of THE ENGINEER AGREEs, after they have been approved by the DEPARTMENT, the LA will pay the ENGINEER for such changes on the basis of actual cost plus 134.26 percent to cover profit, overhead and readiness to serve"actual cost" being defined as in paragraph 2 of THE LA AGREES. It is understood that"changes" as used in this paragraph shall in no way relieve the ENGINEER of his responsibility to prepare a complete and adequate set of plans and specifications. It is Mutually Agreed, 1. That any difference between the ENGINEER and the LA concerning their interpretation of the provisions of this Agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LA and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 2. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at his last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all surveys, permits, agreements, preliminary bridge design & hydraulic report, drawings, specifications, partial and completed estimates and data, if any from traffic studies and soil survey and subsurface investigations with the understanding that all such material becomes the property of the LA. The ENGINEER shall be paid for any services completed and any services partially completed in accordance with Section 4 of THE LA AGREES. 3. That if the contract for construction has not been awarded one year after the acceptance of the plans by the LA and their approval by the DEPARTMENT, the LA will pay the ENGINEER the balance of the engineering fee due to make 100 percent of the total fees due under this AGREEMENT, based on the estimate of cost as prepared by the ENGINEER and approved by the LA and the DEPARTMENT. 4. That the ENGINEER warrants that he/she has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER, to solicit or secure this contract, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For Breach or violation of this warranty the LA shall have the right to annul this contract without liability. Printed 4/11/2013 Page 3 of 4 BLR 05510(Rev 11/06) IN WITNESS WHEREOF, the parties have caused the AGREEMENT to be executed in quadruplicate counterparts, each of which shall be considered as an original by their duly authorized officers. Executed by the LA: United City of Yorkville of the (MunicipaIity/rownship/County) ATTEST: State of Illinois, acting by and through its By Mayor and City Council Village Clerk By (Seal) Title Mayor Executed by the ENGINEER: Engineering Enterprises, Inc. 52 Wheeler Road ATTEST: Sugar Grove, IL 60554 By By Title Secretary Title Vice President Approved Date Department of Transportation Regional Engineer Printed 4/11/2013 Page 4 of 4 BLR 05510(Rev. 11/06) ENGINEERING ENTERPRISES,INC. ATTACHMENT A DATE: 411171 IS CONSULTING ENGINEERS SUMMARY OF COMPENSATION FOR PROFESSIONAL ENGINEERING SERVICES ENTERED BY:_ "IRPS ROUTE 47 OFF-SITE PARKING IMPROVEMENTS UNITED CITY OF YORKVILLE,KENDALL CO.,IL - -ENWNSERING CAD SURVEYING ADMIN. WORK WORK SENIOR SENIOR SENIOR SENIOR ITEM COST ITEM PRINCIPAL PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT SENIOR PROJECT PROJECT PROJECT PROJECT ADMIN. HOUR PER NO. W ENGINEER MANAGER MANAGER ENGINEER I ENGINEER MANAGER TECHN. TECHN. MANAGER SURVEYOR I SURVEYOR TECHN.I ASST. SUMM. ITEM DESIGN ENGINEERING SERVICES-AMEgEmmm-on CHANGES TO DESIGN ENGINEERING SEAYICES 1 .Coordination of Amhaenlo 'cal Phase 1 Surve 3 1 4 5465 2 Coordma6ion o1 Environmental Soils Assessme 4 4 $568 3 Adc6Umnal Coondinaoon with Cil Staff and EE Project De19 10 4 4 18 $2,722 4 Additional Preliminary Cost Estimates 1G onimin GOSIS 2 4 11 17 $2,233 5 Revisions to Drawl Due to Revised Pr/i ecl u R¢le$Ona 2 4 8 8 22 $2,686 6 Additional TG Required for IDOT Ownfinallammon _ 4 4 $408 SUBTOTAL-CHANGES TO DESIGN ENGINEERING S€4iVI C 69 $9'082 BIDDING AND CONTRACTING 7 1 Bidding and conlraciing 2 12 20 11 45 $3,758 SUBTOTAL-BWDWG AND CONTRACTING 45 $3,756 Tofel: 16 0 31 43 0 0 12 0 0 0 0 0 12 114 $12,640 FEE SCHEDULE AS OF 91AH111 DIRECT COSTS Senior Principal E-4 0 hours ® $171 per hour= 50 Archwwlogical Phase I Study $1,600 Principal E-3 16 hours 4 $1$7 per hour= $2.672 Environmental Assessment-Ph.I S4 3&5 Senior Project Manager E-2 0 hours Q S156 per hour= $0 Environmental Assessment-Ph.P $3,105 --1 Alarle E-1 31 hours # $142 per hour> $4,402 Serdar Projed E imeNSury r 11 P-6 0 hours ® S130 er hour= SO Senior Pro'ecl ineer/Suwe or I P3 43 hours ® S121 per hour= $62109 Project Es.�neerlSurve or P-4 0 hours @_ 5111 hour a 50 TOTAL= 39100 Senior En ineer/Surve or P-3 0 hours ® $107 Par Lour. So E r wtry P-2 0 hours C 593 hour a $0 _ TOTAL LABOR COST$ Associate Engineer/Surveyor P-1 0 hours 0 $83 hour= $0 Deg E "nw Seivloa5= 59. Senior P iecl Teeh0$Cl&/i 11 T-6 0 hours Q $121 per hour= $0 - And contract S3,7 Senior Project Technician I T-S 0 hours ® $111 per hour= so Project Technician T.4 12 hours ® $102 per hour= 51224 Senior Technkum T3 0 hours @ 593 per hour echnician T•2- 0 hours ® S63 hOUF= $0 TOTAL LABOR EXPENSES= SP ASSOae1e 7eoruician T-1 0 hours ® $74 hour $0 Administrative Assistant A-3 12 hours 4D $76 per hour= $697 TOTAL CONTRACT COST= $21,949 HOURLYTOTAL=j 114 1 TOTAL EEI LABOR=1 $14,398 rrr r �70- EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $171.00 Principal E-3 $171.00 Senior Project Manager E-2 $165.00 Project Manager E-1 $150.00 Senior Project Engineer/Planner/Surveyor II P-6 $138.00 Senior Project Engineer/Planner/Surveyor I P-5 $129.00 Project Engineer/Planner/Surveyor P-4 $117.00 Senior Engineer/Planner/Surveyor P-3 $108.00 Engineer/Planner/Surveyor P-2 $ 99.00 Associate Engineer/Planner/Surveyor P-1 $ 88.00 Senior Project Technician II T-6 $129.00 Senior Project Technician I T-5 $117.00 Project Technician T-4 $108.00 Senior Technician T-3 $ 99.00 Technician T-2 $ 88.00 Associate Technician T-1 $ 78.00 Administrative Assistant A-3 $ 78.00 CREW RATES,VEHICLES AND REPROGRAPHICS 1 Man Field Crew with Standard Survey Equipment $141.00 2 Man Field Crew with Standard Survey Equipment $219.00 1 Man Field Crew with RTS or GPS* $174.00 2 Man Field Crew with RTS or GPS* $252.00 Vehicle for Construction Observation $15.00 In-House Scanning and Reproduction $0.25/Sq.Ft.(Black&White) $1.00/Sq.Ft.(Color) *RTS=Robotic Total Station/GPS=Global Positioning System Road,52 Wheeler • 60554 • 1 466-6700 • 1 466-6701 -• • NB #5b Grr�err crrrr��rr r�rricrr�r rl�� err�� April 10, 2013 Mr. Bart Olson City Administrator United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Construction Engineering Services for Route 47 Off-Street Parking Improvements United City of Yorkville, Kendall County, IL Dear Mr. Olson: Please find enclosed a Construction Engineering Services Agreement for the Route 47 Off-Street Parking Improvements. We have attached four (4) copies of the contract for your review. The construction engineering fee includes the following work items: • Contract Administration • Construction Layout and Record Drawings • Construction Observation • Material Testing During Construction • Environmental Analysis During Construction Our construction engineering services are proposed to be offered at actual cost with an estimated fee of $60,400. If you have any questions, please do not hesitate to contact us. Respectfully submitted, ENGINEERING ENTERPRISES, INC. e�f dley P. anderson, P.E. Vice President Enclosure PC: Ms. Krysti Barksdale-Noble, Community Development Director Mr. Eric Dhuse, Public Works Director Ms. Lisa Pickering, Deputy Clerk DMT, EEI Road,52 Wheeler Sugar Grove, 60554 • 1 466-6700 • 1 466-6701 fax — www.eeiw'• • Municipality L® Name Illinois Department United City of Yorkville o Of Transportation O Engineering Enterprises, Inc. Township L N Address Kendall S 52 Wheeler Road Preliminary/Construction County G Engineering Services T City Kendall E At For t Suqar A Grove Section C Motor Fuel Tax Funds N State 10-00041-00-PK y T Illinois THIS AGREEMENT is made and entered into this day of 1 2013 between the above Local Agency (LA) and Consultant(ENGINEER) and covers certain professional engineering services in connection with the improvement of the above PROJECT. Motor Fuel Tax Funds, allotted to the LA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the"DEPARTMENT", will be used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. WHEREVER IN THIS AGREEMENT or attached exhibits the following terms are used, they shall be interpreted to mean: Regional Engineer Deputy Director Division of Highways, Regional Engineer, Department of Transportation Resident Construction Supervisor Authorized representative of the LA in immediate charge of the engineering details of the PROJECT Contractor Company or Companies to which the construction contract was awarded Section Description Name Route 47 Off-Street Route FAP326 Length 0.02 miles Structure No. Termini Southeast corner of Van Emmon and Main Street Description This project consists of constructing a parking lot at the southeast corner of Van Emmon and Main Street to replacing parking spaces eliminated with IL Route 47 reconstruction improvements. Agreement Provisions The Engineer Agrees, 1. To perform or be responsible for the performance of the following engineering services for the LA in connection with the proposed improvement herein before described, and checked below: a. ❑ Make such detailed surveys as are necessary for the preparation of detailed roadway plans. b. ❑ Make stream and flood plain hydraulic surveys and gather high water data and flood histories for the preparation of detailed bridge plans. c. ❑ Make or cause to be made such soil surveys or subsurface investigations including borings and soil profiles and analyses thereof as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations are to be made in accordance with the current requirements of the DEPARTMENT. d. ❑ Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. Printed 4/10/2013 Page 1 of 5 BLR 05512(Rev. 01/10/12) e. ❑ Prepare Army Corps of Engineers Permit, Division of Water Resources Permit, Bridge waterway sketch and/or Channel Change sketch, Utility plan and locations and Railroad Crossing work agreements. f. ❑ Prepare Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or culvert types) and high water effects on roadway overflows and bridge approaches. NOTE Four copies to be submitted to the Regional Engineer g. ❑ Make complete general and detailed plans, special provisions, proposals and estimates of cost and furnish the LA with five (5) copies of the plans, special provisions, proposals and estimates. Additional copies of any or all documents, if required shall be furnished to the LA by the ENGINEER at his actual cost for reproduction. h. ❑ Furnish the LA with survey and drafts in quadruplicate of all necessary right-of-way dedications, construction easements and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. i. ❑ Assist the LA in the receipt and evaluation of proposals and the awarding of the construction contract. Furnish or cause to be furnished: (1) Proportioning and testing of concrete mixtures in accordance with the "Manual of Instructions for Concrete Proportioning and Testing" issued by the Bureau of Materials and Physical Research, of the DEPARTMENT and promptly submit reports on forms prepared by said Bureau. (2) Proportioning and testing of bituminous mixtures (including extracting test) in accordance with the "Manual of Instructions for Bituminous Proportioning and Testing" issued by the Bureau of Materials and Physical Research, of the DEPARTMENT, and promptly submit reports on forms prepared by said Bureau. (3) All compaction tests as required by the specifications and report promptly the same on forms prepared by the Bureau of Materials and Physical Research. (4) Quality and sieve analyses on local aggregates to see that they comply with the specifications contained in the contract. (5) Inspection of all materials when inspection is not provided at the sources by the Bureau of Materials and Physical Research, of the DEPARTMENT and submit inspection reports to the LA and the DEPARTMENT in accordance with the policies of the said DEPARTMENT. k. ® Furnish or cause to be furnished (1) A resident construction supervisor, inspectors, and other technical personnel to perform the following work: (The number of such inspectors and other technical personnel required shall be subject to the approval of the LA.) a. Continuous observation of the work and the contractor's operations for compliance with the plans and specifications as construction proceeds, but the ENGINEER does not guarantee the performance of the contract by the contractor. b. Establishment and setting of lines and grades. C. Maintain a daily record of the contractor's activities throughout construction including sufficient information to permit verification of the nature and cost of changes in plans and authorized extra work. d. Supervision of inspectors, proportioning engineers and other technical personnel and the taking and submitting of material samples. e. Revision of contract drawings to reflect as built conditions. f. Preparation and submission to the LA in the required form and number of copies, all partial and final payment estimates, change orders, records and reports required by the LA and the DEPARTMENT. NOTE: When Federal funds are used for construction and the ENGINEER or the ENGINEER's assigned staff is named as resident construction supervisor, the ENGINEER is required to be prequalified with the STATE in Construction Inspection. The onsite resident construction supervisor and project inspectors shall possess valid Documentation of Contract Quantities certification. Printed 4/10/2013 Page 2 of 5 BLR 05512(Rev.01/10/12) 2. That all reports, plans, plats and special provisions to be furnished by the ENGINEER pursuant to this agreement will be in accordance with the current standard specifications and policies of the DEPARTMENT, it being understood that all such reports, plats, plans and drafts shall before being finally accepted, be subject to approval by the LA and the said DEPARTMENT. 3. To attend conferences at any reasonable time when requested to do so by the LA or representatives of the DEPARTMENT. 4. In the event plans, surveys or construction staking are found to be in error during the construction of the PROJECT and revisions of the plans or survey or construction staking corrections are necessary, the ENGINEER agrees that he will perform such work without expense to the LA, even though final payment has been received by him. He shall give immediate attention to these changes so there will be a minimum delay to the contractor. 5. The basic survey notes and sketches, charts, computations and other data prepared or obtained by the ENGINEER pursuant to this agreement will be made available upon request to the LA or the DEPARTMENT without cost and without restriction or limitations as to their use. 6. To make such changes in working plans, including all necessary preliminary surveys and investigations, as may be required after the award of the construction contract and during the construction of the improvement. 7. That all plans and other documents furnished by the ENGINEER pursuant to the AGREEMENT will be endorsed by him and will show his professional seal where such is required by law. 8. To submit, upon request by the LA or the DEPARTMENT a list of the personnel and the equipment he/she proposes to use in fulfilling the requirements of this AGREEMENT. The LA Agrees, 1. To pay the Engineer as compensation for all services performed as stipulated in paragraphs 1a, 1g, 1 i, 2, 3, 5 and 6 in accordance with one of the following methods indicated by a check mark: a ❑ A sum of money equal to percent of the awarded contract cost of the proposed improvement as approved by the DEPARTMENT. b. ❑ A sum of money equal to the percentage of the awarded contract cost for the proposed improvement as approved by the DEPARTMENT based on the following schedule: Schedule for Percentages Based on Awarded Contract Cost Awarded Cost Percentage Fees Under $50,000 (see note) Note: Not necessarily a percentage. Could use per diem, cost-plus or lump sum. 2, To pay for services stipulated in paragraphs 1b, 1c, 1d, 1e, 1f, 1h, 1j and 1k of THE ENGINEER AGREES at the hourly rates stipulated below for personnel assigned to this PROJECT as payment in full to the ENGINEER for the actual time spent in providing these services the hourly rates to include profit, overhead, readiness to serve, insurance, social security and retirement deductions. Traveling and other out-of-pocket expenses will be reimbursed to the ENGINEER at his actual cost. Subject to the approval of the LA, the ENGINEER may sublet all or part of the services provided under paragraphs 1 b, 1c, 1d, 1 e, 1f, 1j and 1 k of THE ENGINEER AGREES. If the ENGINEER sublets all or a part of this work, the LA will pay the cost to the ENGINEER plus a five (5) percent service charge. "Cost to ENGINEER"to be verified by furnishing the LA and the DEPARTMENT copies of invoices from the party doing the work. The classifications of the employees used in the work should be consistent with the employee classifications for the services performed. If the personnel of the firm including the Principal Engineer perform routine services that should normally be performed by lesser-salaried personnel, the wage rate billed for such services shall be commensurate with the work performed. Printed 4/10/2013 Page 3 of 5 BLR 05512(Rev.01/10/12) Grade Classification of Employee Hourly Rate Principal Engineer 171.00 Resident Construction Supervisor Chief of Party Instrument Man Rodmen Inspectors Project Manager 150 Sr Proj Engr/Surveyor 1 129 Sr Proj Technician II 129 Sr Proj Engr/Surveyor II 138 Admin Asst 78 The hourly rates itemized above shall be effective the date the parties, hereunto entering this AGREEMENT, have affixed their hands and seals and shall remain in effect until 12/31/2013 . In event the services of the ENGINEER extend beyond 12/31/2013 , the hourly rates will be adjusted yearly by addendum to this AGREEMENT to compensate for increases or decreases in the salary structure of the ENGINEER that are in effect at that time. 3. That payments due the ENGINEER for services rendered pursuant to this AGREEMENT will be made as soon as practicable after the services have been performed, in accordance with the following schedule: a. Upon completion of detailed plans, special provisions, proposals and estimate of cost- being the work required by paragraphs 1a through 1g under THE ENGINEER AGREES -to the satisfaction of the LA and their approval by the DEPARTMENT, 90 percent of the total fee based on the above fee schedule and the approved estimate of cost. b. Upon award of the contract for the improvement by the LA and its approval by the DEPARTMENT, 100 percent of the total fee (excluding any fees paragraphs 1j and 1 k of the ENGINEER AGREES), based on the above fee schedule and the awarded contract cost, less any previous payment. c. Upon completion of the construction of the improvement, 90 percent of the fee due for services stipulated in paragraphs 1j and 1k. d. Upon completion of all final reports required by the LA and the DEPARTMENT and acceptance of the improvement by the DEPARTMENT, 100 percent of the total fees due under this AGREEMENT, less any amounts previously paid. By mutual agreement, partial payments, not to exceed 90 percent of the amount earned, may be made from time to time as the work progresses. 4. That should the improvements be abandoned at any time after the ENGINEER has performed any part of the services provided for in paragraphs 1 a and 1 g, and prior to the completion of such services the LA shall reimburse the ENGINEER for his actual costs plus 134.26 percent incurred up to the time he is notified in writing of such abandonment "actual cost" being defined as material costs plus actual payrolls, insurance, social security and retirement deductions. Traveling and other out-of-pocket expenses will be reimbursed to the ENGINEER at his actual cost. 5. That should the LA require changes in any of the detailed plans, specifications or estimates (except for those required pursuant to paragraph 4 of THE ENGINEER AGREES) after they have been approved by the DEPARTMENT, the LA will pay the ENGINEER for such changes on the basis of actual cost plus 134.3 percent to cover profit, overhead and readiness to serve-"actual cost" being defined as in paragraph 4 above. It is understood that"changes" as used in this paragraph shall in no way relieve the ENGINEER of his responsibility to prepare a complete and adequate set of plans. 6. That should the LA extend completion of the improvement beyond the time limit given in the contract, the LA will pay the ENGINEER, in addition to the fees provided herein, his actual cost incurred beyond such time limit-"actual cost" being defined as in paragraph 4 above. 7. To submit approved forms BC 775 and BC 776 with this AGREEMENT when federal funds are used for construction. It is Mutually Agreed, 1. That any difference between the ENGINEER and the LA concerning the interpretation of the provisions of this AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the Printed 4/10/2013 Page 4 of 5 BLR 05512(Rev.01/10/12) ENGINEER one member appointed by the LA and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 2. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at his last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all drawings, specifications, partial and completed estimates and data if any from traffic studies and soil survey and subsurface investigations with the understanding that all such material becomes the property of the LA. The ENGINEER shall be paid for any services completed and any services partially completed in accordance with Section 4 of THE LA AGREES. 3. That if the contract for construction has not been awarded one year after the acceptance of the plans by the LA and their approval by the DEPARTMENT, the LA will pay the ENGINEER the balance of the engineering fee due to make 100 percent of the total fees due under the AGREEMENT, based on the estimate of cost as prepared by the ENGINEER and approved by the LA and the DEPARTMENT. 4. That the ENGINEER warrants that he/she has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER, to solicit or secure this contract and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty the LA shall have the right to annul this contract without liability. IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed in quadruplicate counterparts, each of which shall be considered as an original by their duly authorized offices. Executed by the LA: United City of Yorkville of the (MunicipaIity/Townsh ip/Cou nty) ATTEST: State of Illinois, acting by and through its By Clerk By (Seal) Title: Executed by the ENGINEER: ATTEST: By Title: Title: Approved Date Department of Transportation Regional Engineer Printed 4/10/2013 Page 5 of 5 BLR 05512(Rev.01/10/12) ENGINEERING ENTERPRISES,INC. ATTACHMENT Al DATE: 4170+2013 CONSULTING ENGINEERS SUMMARY OF COMPENSATION FOR PROFESSIONAL ENGINEERING SERVICES ENTERED BY: MLPfBPS ROUTE 47 OFF-SITE PARKING IMPROVEMENTS UNITED CITY OF YORKVILLE,KENDALL CO.,IL Eh]G9NEERiNG CAD SURVEYING ADMIX WORK WORK SENIOR SENIOR I SENIOR SENIOR ITEM COST ITEM PRINCIPAL PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT SENIOR PROJECT PROJECT PROJECT PROJECT ADMIN. HOUR PER NO, WORK ITEM ENGINEER MANAGER MANAGER ENGINEER I ENGINEER MANAGER TECHN. TECHN. MANAGER SURVEYOR I SURVEYOR TECHN.1 ASST. SUMML ITEM CONSTRUCTION ENGINEERING SERVICES CONSTRUCTION ENGINEERING SERVICES 1 Contract AdminislraGOn 9 28 36 7 80 $10,929 2 Coneiruatlon La out and RK—Ord Drawin s 4 6 21 30 61 1 $8,394 3 CGnatruc[ion Observation 4 17 188 _ 209 $27,486 0 $0 0 $0 0 $0 Total: 13 1 0 49 230 0 0 0 0 21 30 0 0 7 175 $46,809 FEE SCHEDULE AS OF 01181/13 DIRECT COSSTS Senior Principal E-4 0 hours ® $171 per hour= 50 Maleft Tatilmq Sub S7,100 Pri E-3 13 hours 4 $171 lour- S2.223 Efwlr©rlRlWaf AS%S ant Sub $5.4500 Pr -t Mans er E-2 0 hours @ $166 per hour= $0 utlll;te Char 57,$09 Pro"cl Manager E-1 70 hours 0 $150 per hour- $10.500 Senior Pro ecl Engineer/Surveyor II P-6 0 horns a $139 hour= So SanfarP E near I P-5 2PA hears o $129 per hour $03,540 Pro od E rTSUFV X P-4 0 horas 0 $117 per hour= so TOTAL= 573,609 nior Sunni P-3 0 hours A $108 per hour= 50 E ineer/Sury e P-2 0 hours ® $99 hour= 50 TOTAL LABOR CASTS iaw ineaids" P-1 0 hours ® $88 r how SO CAndruct"E -neon Services= SR8-807 Senior Project Technician I I T-6 0 1 hours ® $124 per hour 50 Senior Pro'ecl Technician I _ T-5 0 hours m $117 Pat Four- So Project Technician T-4 0 hours m $t06 per hour= $0 Senior Technician T-3 0 hwa_ 0 $99 per hour= $0 Technician T-2 0 bours § $89 per hour= SO TOTAL LABOR EXPENSES= 545 Associate Technician T-1 0 hours ® $78 er hour u 5o Administrative Assistant A-3 7 hours ® $78 per hour= $546 TOTAL CONTRACT COST= 560,449 HOURLY TOTAL= 350 TOTAL EEI LABOR- $46,909 A. Co. Reviewed By: Agenda Item Number 440 Legal ❑ NB #6 Finance ❑ EST. 1836 Engineer ■ ~� City Administrator ■ Tracking Number 1' Human Resources ❑ '$ �v Community Development PW 2013-18 Police ELE ��"� Public Works ■ Parks and Recreation ❑ Agenda Item Summary Memo Title: Stormwater Ordinance - Fee-in-Lieu Calculation Meeting and Date: PW Committee—April 16, 2013 Synopsis: Consideration of Adoption Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Consideration of Adoption Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: D C/l`O Memorandum To: Bart Olson, City Administrator EST. 1` 1836 From: Brad Sanderson, EEI O �� CC: Eric Dhuse,Director of Public Works C% .1 p Krysti Barksdale-Noble, Community Dev. Dir. < .d l `C— ,s Lisa Pickering, Deputy City Clerk I Date: April 10, 2013 Subject: Establishment of a Stormwater Management Fee-in-Lieu The purpose of this memo is to present a summary of findings regarding stormwater management fee-in-lieu's that are in place in neighboring communities and counties and if it would be beneficial for the City to establish a cost schedule for use with future redevelopment. Background: The latest version of the Kendall County Stormwater Ordinance was recently adopted by the United City of Yorkville with Ordinance No. 2012-56. The revised ordinance has a provision for fee-in-lieu of detention in section 203.1 e detailed below. "The developer of a redevelopment project may request that a fee-in-lieu of detention (site runoff storage volume) be approved provided that all of the following are demonstrated to the sole satisfaction of the administrator: 1. The drainage plan will not increase existing flood damages, and 2. The drainage plan provides a net watershed benefit in water quality compared to the existing development. The Administrator shall determine the appropriate fee to be collected as defined in Article 13, and his or her decision in the matter shall be considered final." Article 13, "Fee-in-lieu of site runoff storage", a copy of which is attached, details how the fee- in-lieu value is to be established and how the fee is to be utilized. The value can be established one of two ways. Section 1300.2a states "The fee computed for each acre-foot or part thereof of detention required and approved in accordance with the procedures and schedules as approved and adopted by the County or the Certified Community;". The second method is stated in section 1300.2b; "The estimated construction cost, as approved by the County or the Certified Community of the applicant's proposed and approved site runoff storage, including land costs." This memo discusses the establishment of a fee as discussed in Section 1300.2a. Questions Presented: Should the City approve a stormwater management fee-in-lieu cost schedule for use with redevelopment projects within the City? Discussion: As noted in the background discussion, many municipalities and counties within the Chicagoland area currently have a stormwater management fee-in-lieu cost schedule in place. The table below shows which local municipalities and counties have established a stormwater management fee-in-lieu cost and what that value has been set at. Stormwater Management Fee-in-Lieu Summary Table Stormwater Management Fee per Acre-foot of Municipality/County Fee-in-Lieu Established Detention Storage Required Kendall County Yes Eng Est or Municipality Estb Amt Kane County Yes $90,000 Will County Yes Eng Est or Municipality Estb Amt DuPage County* Yes $81,000-$133,000 City of Naperville* Yes $81,000-$133,000 City of Aurora Yes $90,000 Village of Montgomery Yes $90,000 Village of Oswego Yes Engineer's Estimate Village of Sugar Grove Yes Engineer's Estimate Village of Plainfield Yes I Engineer's Estimate EEI Estimate for Yorkville - $83,000 *Varies depending on land use type associated with defined watersheds as established by DuPage County The table shows that the fee-in-lieu values have a wide range in value from $81,000 to $133,000 between the various local municipalities. In addition to researching the values used by neighboring communities, Engineering Enterprises, Inc. has drafted an engineer's estimate, a copy of which is attached, to break down the typical costs used to create these fee-in-lieu values. This estimate shows that the largest factor in constructing a traditional dry bottom or wet bottom detention basin is the cost to acquire the land required for the detention basin. This land cost variation can also be seen in the range of values detailed on Schedule B of the DuPage County Stormwater Ordinance which takes into account the primary land use type utilized in the various watersheds. There are several benefits to the City for providing a stormwater management fee-in-lieu cost schedule. The primary benefit of having an established fee is that the politics and negotiation associated with the developer providing their engineers estimate and agreeing to an acceptable fee can be eliminated. By establishing the fee, it will provide the developer with more information during the initial planning and design phases of redevelopment helping to streamline the permitting process. If the fee is utilized, it may also create an opportunity for the City to construct a new stormwater management facility elsewhere in the City or watershed which could address an existing upstream drainage issue and be more beneficial to the City and its residents. Due to the varying land costs associated with estimating this fee-in-lieu, it is important to have an idea of the types of development and land uses this proposed fee would be utilized for. Our experience shows that the types of redevelopment that most commonly have difficulty constructing traditional stormwater management facilities have higher density of impervious surfaces such as buildings, parking lots, and roadways that are common in urban settings usually accompanied by higher land costs. In addition, redevelopment sites are often subject to newer stricter stormwater ordinances which may cause difficulty providing additional detention facilities due to several reasons such as; wetlands/floodway/floodplain located on the property, proximity to a river or creek, flat site with no defined drainage outlet, site with extremely steep slopes, or a site with large upstream tributary areas and runoff. Based on our estimate and the already established fee schedules in the neighboring communities, we believe that establishing a cost schedule in the price range of $83,000 to $90,000 is both reasonable for the City and the developer while remaining in line with the area standards for urban redevelopments. It should be noted that this fee-in-lieu value may need to be re-evaluated in the future and adjusted to match rising land costs. Action Required: Consideration of approval. SCHEDULE B DETENTION VARIANCE FEE AND BMP FEE-IN-LIEU SCHEDULE 8/1/08 Detention Variance Fee Salt Creek $133,000 per acre-foot East Branch DuPage River $106,000 per acre-foot West Branch DuPage River $ 94,000 per acre-foot Sawmill Creek $ 87,000 per acre-foot Des Plain River Tributaries $133,000 per acre-foot Fox River Tributaries $ 81,000 per acre-foot The fee is calculated by multiplying the varied storage amount by the cost per acre-foot for the watershed planning area where the development is located. BMP Fee-in-lieu Single or two family residential land uses $ 3,000 per acre Religious institutions defined under Sec. 15-40 of the Illinois Property Tax Code and governmental entities, not to include roadways and parking lots $ 3,000 per acre Multiple family or non-residential land uses $15,000 per acre Roadway developments $30,000 per acre Schedule B Site Runoff Storage Variance and BMP Fee-in-lieu Schedule Page 142 of 142 Engineering Enterprises, 52 Wheeler Road,Sugar Grove,IL 60554 PREPARED BY: I BPS,TNP, KTM DATE: I Aril 9,2013 City of Yorkville Stormwater Management Fee-in-Lieu Establishment Calculations Stormwater Management Fee in Lieu Calculations Excavation of 1.00 Ac-ft volume basin= 1 ac-ft"43,560 fe/ac/27 ft3/CY= 1,614 CY $9/CY=$14,526 Assume 4'Bounce in basin. Basin Footprint= 1.00 Ac-ft/4 ft=0.25 Ac, (105'x 105') Assume 15'buffer required on all sides of basin for setbacks,berm construction,etc. Total Area Required= 135'x 135'=0.42 Ac Native Planting Restoration of Basin=$10,000/acre Restoration Cost per Acre-foot Storage=$10,000/acre'0.42 acre=$4,200 Basin Outlet Structure Cost=$5,000/basin Land Acqusition=0.42 Ac`$101,000/Ac=$42,420 Sub-Total=$66,146/acre-foot 10%Contingency=$6,615/acre-foot 15%Administration, Design,Construction Observation Costs=$9,922/acre-foot Total Stormwater Management Fee in Lieu Cost=$82,683/acre-ft G:\Public\Yorkville\2013\YO1300-C City of Yorkville-General\Stormwater Management Fee-in-lieu\Fee-in-Lieu Calculations A. Co. Reviewed By: Agenda Item Number a Legal ❑ NB #7 Finance ❑ EST. 1836 Engineer ❑ ~�= City Administrator ■ Tracking Number 1' Human Resources ❑ '$ �v Community Development ❑❑ PW 2013-19 Police ELE ��"� Public Works 0 Parks and Recreation ❑ Agenda Item Summary Memo Title: Tractor and Mower Purchase Meeting and Date: Public Works Committee—April 16, 2013 Synopsis: Asking for approval to purchase a new tractor and mower for cutting large areas and right of way. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Positive Council Action Requested: Approval Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: loft A01116 0 Memorandum ' To : Public Works Committee Es�T. ---�-- � � �s From : Eric Dhuse Director of Public Works CC : Bart Olson, Administrator 0 cou" sue Date : April 11 , 2013 ;KendaA Co�tty ; ®' Subject : Tractor and Mower purchase ( J p All , I would like to ask permission to purchase a new tractor and mower for the Public Works Department . We would be replacing a 15 year old tractor and mower that are , for lack of a better term , worn out . We have used them to their fullest extent and beyond , and we now need to replace them . I would ask to replace them with a tractor and mower that are being purchased at the state purchase price . I have attached copies of the sales quote and the state bid specifications for your review . We currently have $ 75 , 000 budgeted in the equipment line item in the public works capital fund . I would ask that the cost of the tractor be approved as a not to exceed $ 40 , 000 in case there are shipping fees or accessories that I have overlooked that are needed . I would ask that the mower be approved as a not to exceed amount of $ 12 , 000 to cover any hydraulic hoses we may need to purchase . Any and all money that is not used in the purchase will remain in the public works capital fund in fund balance which will be approximately $ 23 , 000 . I am proposing to purchase the tractor from DeKane Equipment Company which is NOT the state purchase bid winner , but has agreed to sell it to us at state purchase price . We have purchased vehicles and equipment like this in the past and it has worked out to our benefit to purchase local when possible . i I would also propose that we purchase the mower locally for the same price as the state purchase winner . The nearest dealer is Union Hill Sales and Service In Union Hill , Illinois which is NOT r the state purchase winner . The State purchase bid winner was Hall Manufacturing in Arkansas . I would ask that this be placed on the April 16 , 2013 Public works Committee for discussion . If you have any questions or need further information, please let me know . SALES QUOTATIIOM DIE E EQUIPPME AT CORP . 47UV619 US Wit 30 BIG ROCK, IL 60511 pHoNEj f§; C 6684271 _ FAX (630) 6583079 CELLO (630) 9108=7U8 P CUSTONER f �r ADDRESS G Ty } �} • 2 T TIE L Ll.� LOLL `� ATTE NT90 H FAX VVE ARE PLEASED TO QUOTE 7HE FOLLOTOMIG PRODUCTSM ANOUMT ' {, r tam y _ co li ,54 Ole a'� r LIP xs) !; zo r�lloeg P��4 Ile 4061 r 6 1 IIII DESCRIPTIOM OF TRADE4M ( PRZE: H 634 GLEAR OF ALL EMGUMBRAMGES) i IF PROPOSAL MEETS WITH YOUR TOTAL SALES PRIGS .APPROVAL, KIMDLY SIGM AND LESSm ALLGWAMGE I=® R RAD �I RE T URM To U8a A COPY WILL BE SUBTOTAL °� RE TURNED To L OUr VALES TAX (6,. 5%) PROPOSAL AGGEP T ED * MET SALES PRIGS DEPO3I T DAT E SA.L.ANCE DUE PIMANGING FEES (IF PIMAMGED ) r � I ATtJR FINANGED A OUNT RESPECTFULLY YOURS, rl 6 a I SALES I I lA& tl DATE AGGEPTED DATE CONTRACT ITEMS / SERVICES T NUMBER : T6640 BY LINE ITEM PAGE NO . : 00015 LINE # DESCRIPTION / MFGR / BRAND QUANTITY UNIT DISCOUNT UNIT PRICE FROM / TO 00013 CONTINUED . . . . . POWER TAKE - OFF ( PTO ) . 1 . STANDARD - INDEPENDENT 2 . RPM 540 HYDRAULICS : 1 . PUMP RATED OUTPUT - 20 GPM , MINIMUM 2 . OPERATING PRESSURE - 2900 PSI , MINIMUM FINAL DRIVE : 1 . TYPE - INBOARD PLANETARY 2 . DIFFERENTIAL CONTROLS - ELECTRO - HYDRAULIC 3 . ENGAGE ON - THE - GO 4 . AXLE TYPE - FLANGED 5 . BRAKES - WET DISC OPERATOR STATION : 1 . CAB 2 . DOORS - 2 3 . PLATFORM - FLAT 4 . GEAR SHIFT LOCATION - COUNSLE / FLOOR 5w DB ( A ) RATING - 80 6 . SEAT SUSPENSION - AIR RIDE DIMENSIONS . 1 . WHEELBASE - 85 " 2 . FRONT AXLE CLEARANCE - 18 " 3 . TURNING RADIUS - 12 " STANDARD TIRES . 1 . MANUFACTURER STANDARD RATED FOR UNIT WEIGHT AND PERFORMANCE MANUFACTURER : KUBOTA MODEL NUMBER : M6040 FC - 1 HYDRAULICS : 17 . 1 GPM , TRANSMISSION IS FULLY SYNCHRONIZED , SHIFT ON THE GO VENDOR : GERMAN BLISS EQUIPMENT INC CONTRACT NO : 4017063 BRAND : KUBOTA MODEL : M6040 FC - 1 00014 COMMODITY CODE : 3524 - 787 - 5013 10000 EACH 10000 ° N / A OPTION : MANUFACTURER ' S MODIFICATION FOR i COMMODITY NUMBER : 3524 - 786 - 5012 PERCENTAGE OFF THE MANUFACTURER ' S LIST PRICE FORM THE MOST CURRENT PRICE LIST . i PRICE LIST . DATE OF PRICE LIST . KUBOTA DATED 3 / 1 / 11 VENDOR : GERMAN BLISS EQUIPMENT INC CONTRACT NO : 4017063 BRAND : KUBOTA MODEL : M6040 FC - 1 00016 COMMODITY CODE : 3524 - 787 - 5015 16000 EACH N / A $ 26 , 799 . 00000 UTILITY TRACTOR , 75HP DIESEL , 2WD , CAB SPECIFICATIONS . ENGINE . 10 75HP DIESEL , MINIMUM CONTRACT ITEMS / SERVICES T NUMBER : T6640 BY LINE ITEM PAGE NO . : 00016 LINE # DESCRIPTION / MFGR / BRAND QUANTITY UNIT DISCOUNT UNIT PRICE FROM / TO 00016 CONTINUED . . . . . 2 . 60HP PTO , MINIMUM 3 . RPM 2100 , MINIMUM 4 . ASPIRATION — TURBOCHARGED TRANSMISSION . 1 . POWER SHIFT 2 . ON — THE — GO SHIFTING — PARTIAL POWER TAKE — OFF ( PTO ) . 1 . STANDARD — INDEPENDENT 2 . RPM 540 HYDRAULICS . 1 . PUMP RATED OUTPUT — 20 GPM , MINIMUM 2 . OPERATING PRESSURE — 2900 PSI , MINIMUM FINAL DRIVE : 1 . TYPE — INBOARD PLANETARY 2 . DIFFERENTIAL CONTROLS — ELECTRO - HYDRAULIC 3 . ENGAGE ON — THE — GO 4 . AXLE TYPE — FLANGED 5 . BRAKES — WET DISC OPERATOR STATION . 1 . CAB 2 . DOORS — 2 3 . PLATFORM — FLAT 4 . GEAR SHIFT LOCATION — COUNSLE / FLOOR 5a DB ( A ) RATING — 80 6 . SEAT SUSPENSION — AIR RIDE DIMENSIONS : 1 . WHEELBASE — 85 " 2 . FRONT AXLE CLEARANCE — 15 " 3 . TURNING RADIUS — 11 ' STANDARD TIRES . 1 . MANUFACTURER STANDARD RATED FOR UNIT WEIGHT AND PERFORMANCE MANUFACTURER : KUBOTA MODEL NUMBER : M7040 FC - 1 HYDRAULIC — 17 . 2 GPM , TRANSMISSION — FULLY SYNCHRONIZED , SHIFT ON THE GO VENDOR : GERMAN BLISS EQUIPMENT INC CONTRACT NO : 4017063 BRAND : KUBOTA MODEL : M7040 FC - 1 00017 COMMODITY CODE : 3524 - 787 - 5016 18000 EACH 10000 % N / A OPTION : MANUFACTURER ' S MODIFICATION FOR COMMODITY NUMBER : 3524 - 786 - 5015 PERCENTAGE OFF THE MANUFACTURER ' S LIST PRICE FORM THE MOST CURRENT PRICE LIST . PRICE LIST : DATE OF PRICE LIST . KUBOTA DATED 3 / 1 / 11 VENDOR : GERMAN BLISS EQUIPMENT INC i CONTRACT NO : 4017063 I BRAND : KUBOTA MODEL : M7040 FC - 1 I I I STATE OF ILLINOIS DEPARTMENT OF T NUMBER : T4860 CENTRAL MANAGEMENT SERVICES PAGE NO . : 00001 DISTRIBUTE TO : 416PSD BUREAU OF STRATEGIC SOURCING NOTICE OF AWARD CONTRACT TITLE : PSD ATTACHABLE ROTARY MOWER CONTRACT NO : 4017184 OPTIONS AVAILABLE : 01 JOINT PURCHASING : YES VENDOR NAME AND ADDRESS VENDOR NUMBER . HALL MANUFACTURING INC PO DRAWER 5638 NO LITTLE ROCK AR 72119 - 5638 CONTACT THE FOLLOWING IN THE EVENT OF QUESTIONS PERTAINING TO THIS CONTRACT : BUYER NAME AND PHONE JACK ECK ( 217 ) 782 - 7360 SOLICITATION : 226106 BID OPEN DATE : 03 / 26 / 12 CONTRACT NO : 4017184 A10128 : VENDOR PAYMENT PROGRAM : DUE TO UNPRECEDENTED ECONOMIC RECESSION , ILLINOIS HAS EXPERIENCED LOWER THAN EXPECTED REVENUES WHICH HAS LED TO A DELAYED PAYMENT CYCLE . IN MANY CASES , VENDORS AND SERVICE PROVIDERS ARE WAITING SEVERAL MONTHS TO RECEIVE PAYMENT FOR GOODS AND SERVICES PROVIDED TO THE STATE . THE STATE OF ILLINOIS VENDOR PAYMENT PROGRAM IS INTENDED TO PROVIDE RELIEF TO THOSE VENDORS AND SERVICE PROVIDERS . FOR MORE INFORMATION PLEASE SEE OUR WEBSITE AT PAYMENTS . ILLINOIS . GOV . CONTRACT NO : 4017184 D551A1 SCOPE . TO ESTABLISH AN OPEN - END CONTRACT FOR THE PURCHASE OF ATTACHABLE ROTARY MOWERS FOR DEPARTMENT OF TRANSPORTATION , ILLINOIS TOLLWAY , DNR , OTHER STATE AGENCIES , ELECTED OFFICIALS , BOARDS AND COMMISSIONS WHOSE REQUIREMENTS ARE PROCURED THROUGH THE DEPARTMENT OF CENTRAL MANAGEMENT SERVICES , AS WELL AS ALL LOCAL GOVERNMENTAL UNITS AUTHORIZED TO PARTICIPATE IN JOINT PURCHASING . CONTRACT NO : 4017184 D551C1 SPECIFICATIONS : 1 . ALL BIDS SHALL BE FOR MANUFACTURERS ' CURRENT PRODUCTION MODELS . 2 . EACH UNIT DELIVERED SHALL INCLUDE TWO ( 2 ) SETS OF BLADES . 3 . EACH UNIT DELIVERED SHALL INCLUDE ALL EQUIPMENT AND / OR ACCESSORIES TO MAKE THE MOWER OPERATIONAL . i 4 . EACH UNIT DELIVERED SHALL INCLUDE TWO ( 2 ) COMPLETE SERVICE / PARTS MANUALS . 5 . FOR EACH MODEL BID , THE BIDDER SHALL INCLUDE WITH THE BID , FULL DESCRIPTIVE LITERATURE DESCRIBING THE MODEL BID AND STANDARD j ACCESSORY EQUIPMENT . I CONTRACT NO : 4017184 D551F1 WARRANTY . A MINIMUM TWELVE ( 12 ) MONTHS STANDARD WRITTEN WARRANTY AGAINST DEFECTIVE PARTS AND WORKMANSHIP MUST BE PROVIDED . T NUMBER : T4860 PAGE NO . : 00002 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - BIDDER SHALL PROVIDE DETAILED INFORMATION CONCERNING WARRANTIES OF COMMERCIALLY ACCEPTABLE QUALITY , FUNCTION , PERFORMANCE , SERVICE , PARTS OR ANY OTHER WARRANTIES OFFERED , ALONG WITH THE BID . BIDDER MAY UTILIZE THE SPACE PROVIDED BELOW TO DETAIL TYPE OF WARRANTY OR DURATION OF WARRANTY AND OTHER PERTINENT INFORMATION . SUBMIT AND REFER TO ADDITIONAL SHEETS AS REQUIRED . CONTRACT NO : 4017184 D551G1 : ESTIMATED QUANTITIES : THE QUANTITIES LISTED WITHIN THIS DOCUMENT ARE ESTIMATED QUANTITIES ONLY AND ARE NOT TO BE CONSIDERED A GUARANTEE OF QUANTITIES TO BE PURCHASED . CONTRACT NO : 4017184 D55110 : PERIOD OF CONTRACT : CONTRACT ( S ) RESULTING FROM THIS INVITATION FOR BID WILL COMMENCE UPON DATE OF EXECUTION AND WILL EXPIRE ONE YEAR FROM DATE OF EXECUTION . SECTION 2 . 2 OF THE STANDARD TERMS AND CONDITIONS SHALL BE AMENDED TO INCLUDE THE FOLLOWING LANGUAGE . UPON MUTUAL AGREEMENT , THE PARTIES , MAY RENEW THE RESULTING CONTRACT FOR A TOTAL OF ONE ( 1 ) YEAR IN ONE OF THE FOLLOWING MANNERS . i A ) ONE RENEWAL FOR THE ENTIRE RENEWAL ALLOWANCE , B ) INDIVIDUAL ONE - YEAR RENEWALS UP TO AND INCLUDING THE ENTIRE RENEWAL ALLOWANCE , OR j C ) ANY COMBINATION OF FULL OR PARTIAL - YEAR RENEWALS UP TO AND INCLUDING THE ENTIRE RENEWAL ALLOWANCE . j I CONTRACT NO : 4017184 D55115 : ECONOMIC ADJUSTMENT : THE PRICES IN THIS CONTRACT MUST REMAIN FIRM FOR NINETY ( 90 ) DAYS AFTER THE EXECUTION DATE OF THE CONTRACT . THEREAFTER , REQUESTED ADJUSTMENTS WILL BE LIMITED TO ONCE DURING ANY GIVEN SIX ( 6 ) MONTH PERIOD . ALL ADJUSTMENT REQUESTS SHALL BE MADE IN WRITING . VENDOR SHALL NOT BE ENTITLED TO APPLY AN UPWARD PRICE ADJUSTMENT WITHOUT FIRST OBTAINING APPROVAL OF SUCH REQUEST FROM THE BUREAU OF STRATEGIC SOURCING , ( BOSS ) * IN THE EVENT A DOWNWARD ADJUSTMENT IS WARRANTED , THE STATE RESERVES THE RIGHT TO ADJUST ONCE DURING ANY GIVEN SIX ( 6 ) MONTH PERIOD FOR THIS DECREASE . IT WILL BE THE RESPONSIBILITY OF THE VENDOR TO NOTIFY BOSS , OF ANY SUCH DECREASE . MAXIMUM ALLOWABLE ADJUSTMENTS SHALL BE GOVERNED BY THE U . S . BUREAU OF LABOR STATISTICS PRODUCER PRICE INDEX ( PPI ) ITEM NUMBER ( S ) : 11140111 COMMERCIAL TURF AND GROUNDS CARE EQUIPMENT , INCLUDING PARTS AND ATTACHMENTS ) . i THE BASE PPI PUBLISHED INDEX WILL BE DETERMINED BY THE MONTH OF THE BID OPENING DATE . IF THE BID OPENING DATE OCCURS IN MAY , THEN THE BASE PPI WILL BE MAY ' S PUBLISHED INDEX . T NUMBER : T4860 PAGE NO . : 00003 THE PUBLISHED PPI INDEX AT THE TIME OF REQUESTED ADJUSTMENT WILL BE DETERMINED BY THE MONTH AND DAY THE ADJUSTMENT WAS SUBMITTED TO BOSS REGARDLESS OF WHETHER IT IS A PRELIMINARY OR FINAL INDEX PUBLICATION . NO FURTHER ADJUSTMENTS WILL BE MADE ONCE THE MAXIMUM ALLOWABLE ADJUSTMENT HAS BEEN CALCULATED FOR THE GIVEN 6 MONTHS . THE MAXIMUM ALLOWABLE ADJUSTMENT SHALL BE CALCULATED AS FOLLOWS : MAXIMUM ALLOWABLE PRICE = A / B * C A = BID PRICE B = BASE PPI INDEX ( DEFINED BY TIME OF BID OPENING ) C = PUBLISHED PPI INDEX AT TIME OF REQUESTED ADJUSTMENT THE U . S . BUREAU OF LABOR STATISTICS WEB SITE CAN BE LOCATED AT HTTP : / / WWW . BLS . GOV / PPI / . SHOULD THE REFERENCED PRODUCER PRICE INDEX ( PPI ) BECOME DISCONTINUED DURING THE CONTRACT , IT WILL BE REPLACED BY AN APPROPRIATE ALTERNATIVE PPI CHOSEN BY CMS AND ALL ADJUSTMENTS WILL BE CALCULATED BASED ON THE SAME METHODOLOGY AS OUTLINED ABOVE , BUT WITH DATA FROM THE NEW REPLACEMENT INDEX . REQUESTED ADJUSTMENTS SHALL INCLUDE THE CONTRACT NUMBER , COMMODITY NUMBER , LINE NUMBER , BID PRICE AND REQUESTED PRICE ADJUSTMENT IN A SIMILAR FORMAT AS FOLLOWS : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ! LINE NUMBER ! COMMODITY NUMBER ! BID PRICE ! REQUESTED PRICE ! ! # # # # # ! XXXX - XXX - XXXX ! $ # . # # i $ # . # # ! ! # # # # # ! XXXX - XXX - XXXX ! $ # . # # ! $ # • # # ' IN ALL CASES THE CONTRACTOR MUST FILE A CLAIM FOR SUCH ADJUSTMENT PRIOR TO THE DELIVERY OF THE GOODS . IN ANY EVENT , THE CLAIM FOR SUCH ADJUSTMENT WILL NOT APPLY TO RELEASE ORDERS DATED PRIOR TO THE DATE THE BUREAU OF STRATEGIC SOURCING RECEIVED THE REQUESTED INCREASE . HIM FOR NON - DELIVERY THE CONTRACTOR HAS UNRESOLVED COMPLAINTS FILED AGAINST DELIVERY OR POOR QUALITY , HIS REQUEST MAY BE DENIED UNTIL SUCH TIME AS ALL PAST COMPLAINTS ARE RESOLVED TO THE SATISFACTION OF THE BUREAU OF STRATEGIC SOURCING . i CONTRACT ITEMS / SERVICES T NUMBER : T4860 BY LINE ITEM PAGE NO . : 00005 LINE # DESCRIPTION / MFGR / BRAND QUANTITY UNIT DISCOUNT UNIT PRICE FROM / TO 00001 COMMODITY CODE : 3523 - 551 - 1074 50000 EACH N / A $ 111319 . 00000 MOWER , ROTARY ATTACHABLE , 10 ' CUTTING WIDTH , MEDIUM DUTY SPECIFICATIONS : ( APPROXIMATE ) CAPACITY : 1 . CUTTING WIDTH - 10 ' 2 . CUTTING HEIGHT - 1 " TO 16 " 3 . CUTTING CHAMBER DEPTH - 10 . 5 " TRACTOR COMPATIBILITY : 1 . TRACTOR PTO HP RANGE - 55 MINIMUM 2 . TRACTOR PTO - 540 RPM 3 . STATIC VERT DRAWBAR LOAD RATING - 2115 LBS HITCH : 1 . TYPE - PULL TYPE WITH BALL TYPE SELF LEVELING HITCH CLEVIS FOR EASY HOOKUP ( PULL TYPE HAS STANDARD 10 , 000 LB SAFETY TOW CHAIN ) 2 . HITCH WIDTH - 22 . 5 " 3 . JACKSTAND - HYDRAULICALLY OPERATED STAYS VERTICAL WHILE RAISING / LOWERING DIMENSIONS : 1 . TRANSPORT WIDTH - 100 " 2 . OVERALL LENGTH - 194 " 3 . DECK SHAPE - DOMED 4 . DECK TYPE - DOUBLE DECKER 5 . DECK THICKNESS - UPPER / LOWER - . 138 " 6 . SIDE SKIRT THICKNESS - . 25 " 7 . APPROXIMATE WEIGHT - 4916 LBS DRIVELINES : 1 . SIZE MAIN - CV ASAE CATEGORY 5 2 . PROTECTION MAIN - NO SEIZE SELF ADJUSTING SLIP CLUTCH GEARCASE : 1 . NUMBER - 3 2 . TRANSPER - 250 HP 3 . CENTER - 120 HP 4 . OUTER - 120 HP I BLADES : I 1 . THICKNESS - . 5 " 2 . WIDTH - 4 " 3 . TYPE - SUCTION OR OFFSET 4 . BLADE TIP SPEED @ 540RPM - 15 , 586 FPM 5 . MATERIAL FLOW SYSTEM - MAX FLOW WHEELS . 1 . TYPE - 5 - BOLT 21 X 5 . 25 X 9 LAMINATED SHIELDING : 1 . FRONT - DOUBLE ROW CHAIN 2 . REAR - DOUBLE ROW CHAIN VENDOR : HALL MANUFACTURING INC CONTRACT NO : 4017184 BRAND : BUSH - WHACKER MODEL : ST - 120 'I