Public Works Packet 2014 10-21-14
AGENDA
PUBLIC WORKS COMMITTEE MEETING
Tuesday, October 21, 2014
6:00 p.m.
City Hall Conference Room
Citizen Comments:
Minutes for Correction/Approval: September 16, 2014
New Business:
1. PW 2014-73 Water Department Reports for July and August 2014
2. PW 2014-74 Railroad Quiet Zone Initiative
3. PW 2014-75 Kennedy Road Improvements – Change Order No. 1
4. PW 2014-76 Route 47 Easement
5. PW 2014-77 Route 47 & Cannonball Trail Improvements – Supplemental Agreement with HR Green
6. PW 2014-78 2015 RTBR Program
a. Ridge Street Water Main Improvements Agreement with EEI
b. 2015 Road Program Agreement with EEI
7. PW 2014-79 Blackberry Woods Acceptance and LOC Reduction
8. PW 2014-80 Skidsteer RFP Request
9. PW 2014-81 Autumn Creek Parking Restrictions
Old Business:
Additional Business:
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
2014/2015 City Council Goals – Public Works Committee
Goal Priority Staff
“Capital Infrastructure Plan Funding” 5 Bart Olson & Rob Fredrickson
“City-wide Building Needs” 12 Eric Dhuse & Brad Sanderson
“Beecher Center and Park Upgrades” 13 Eric Dhuse & Scott Sleezer
“Replanting of Trees” 15 Eric Dhuse & Scott Sleezer
“Residential Sidewalk Plan Funding” 18 Bart Olson & Rob Fredrickson
“Master Facility Planning” 20 Bart Olson & Eric Dhuse
UNITED CITY OF YORKVILLE
WORKSHEET
PUBLIC WORKS COMMITTEE
Tuesday, October 21, 2014
6:00 PM
CITY HALL CONFERENCE ROOM
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CITIZEN COMMENTS:
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MINUTES FOR APPROVAL:
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1. September 16, 2014
□ Approved __________
□ As presented
□ With corrections
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NEW BUSINESS:
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1. PW 2014-73 Water Department Reports for July and August 2014
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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2. PW 2014-74 Railroad Quiet Zone Initiative
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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3. PW 2014-75 Kennedy Road Improvements – Change Order No. 1
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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4. PW 2014-76 Route 47 Easement
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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5. PW 2014-77 Route 47 and Cannonball Trail Improvements – Supplemental Agreement with HR Green
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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6. PW 2014-78 2015 RTBR Program
a. Ridge Street Water Main Improvements Agreement with EEI
b. 2015 Road Program Agreement with EEI
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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7. PW 2014-79 Blackberry Woods Acceptance and LOC Reduction
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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8. PW 2014-80 Skidsteer RFP Request
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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9. PW 2014-81 Autumn Creek Parking Restrictions
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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OLD BUSINESS:
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ADDITIONAL BUSINESS:
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Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
Minutes
Tracking Number
Minutes of the Public Works Committee – September 16, 2014
Public Works – October 21, 2014
Majority
Committee Approval
Minute Taker
Name Department
Page 1 of 4
DRAFT
UNITED CITY OF YORKVILLE
PUBLIC WORKS COMMITTEE
Tuesday, September 16, 2014, 6:00pm
Yorkville City Hall, Conference Room
800 Game Farm Road
IN ATTENDANCE:
Committee Members
Chairman Diane Teeling
Alderman Ken Koch
Alderman Larry Kot
Alderman Jackie Milschewski
Other City Officials
Public Works Director Eric Dhuse
Engineer Brad Sanderson, EEI
Other Guests:
Pete Wallers, President EEI
John Sommers, Sommers Carpet Care
The meeting was called to order at 6:02pm by Chairman Diane Teeling.
Citizen Comments: None
Previous Meeting Minutes: August 19, 2014
The minutes were approved as presented.
New Business:
1. PW 2014-66 Water Works Planning Presentation
Mr. Sanderson said Kendall County has done a study of the County water supply and from this study,
EEI personnel compiled a presentation. Mr. Pete Wallers, President of EEI, who serves on several
water supply planning committees both regionally and statewide, gave the presentation. Mr. Sanderson
said the study will also be used during the budget process. The study points to the need for long-term
planning for water supplies.
Mr. Wallers gave a handout of information from the Groundwater Study. The DNR is responsible for
water management in the State. Kendall Co. is included in one of three regions in the State that did a
study and the region includes 11 counties. In that region, most of the area is supplied by Lake
Michigan.
Page 2 of 4
Yorkville draws its water from a deep 1000-foot aquifier and Mr. Wallers said more is being taken than
is being recharged by rainwater. The re-charge can take years. He also stressed water conservation as
a means of re-charging and extending the life of the aquifier. Currently there are no limitations on how
much water is drawn by each municipality. Mr. Koch asked if Lake Michigan water can be pumped
into this aquifier. Many rules apply to this, however, he said generally any Lake Michigan water would
have to be used for drinking, not for re-charge. A pipeline would also be a great cost. In Kendall
County, Plainfield currently receives lake water and neighboring Naperville also gets lake water.
Alderman Kot asked if Yorkville and Oswego could join forces regarding the possible use of Fox River
water. A joint effort would be necessary due to costs. Alderman Koch said the river could dry up if
many towns drew water from it, however, Mr. Waller said that most towns recycle their wastewater
back into the river. Mr. Dhuse added that conservation will play a huge part in the next 20 years. Other
conservation methods were discused and Ms. Teeling said her children had received items at school
that help conserve water in the bathroom. Efficient appliances and bathroom fixtures, less water usage
on lawns and the use of rain barrels were suggested to be beneficial. Mr. Sanderson said he will
compile some tips for individuals to help save water.
Mr. Waller said there will be a state-wide initiative that the EPA will facilitate for voluntary water loss
accounting in municipalities. This may also help detect leaky infrastructure. Alderman Milschewski
suggested putting water-saving tips on the water bills.
This report is informational at this time.
2. PW 2014-67 McDonalds's – Acceptance of Improvements
McDonald's has completed their development and has requested acceptance of the improvements
which is the shared use path in front of their facility. All Aldermen approved acceptance and it moves
to the consent agenda.
3. PW 2014-68 Capital Improvement Projects Update
Mr. Sanderson said there are many projects planned or underway as follows: Kennedy Road by
Autumn Creek, Cannonball Trail, State/Adrian. Work on Blaine and Fox was also discussed.
Alderman Kot thought there was no storm sewer on State Street. Mr. Dhuse said there are storm
sewers there, however, they are very small and shallow. The cost to replace them was determined to
be too expensive at this time.
Other projects briefly discussed.........
•Water pipes on Heustis are nearly finished and each home will be hooked up to new main. This work
is expected to be finished by November.
•Raintree Village: paving is done and the underground punchlist is nearly complete.
•Grande Reserve Park B: waiting for ground to dry for final grading to complete a grant project.
•Walsh Dr. & Sunflower drainage improvements: to begin soon and be finished by November. No
informational notices have been sent to residents yet, but Alderman Koch requested some sort of
notification to those affected. Brad will finalize with Mr. Olson. Mr. Kot said the State St. flier was a
good example of notification. Pond naturalization work will begin and carry over into 2015.
Page 3 of 4
•MFT work: completion date Oct. 24 target.
•Game Farm Road: plans approved by IDOT and land acquistion still in process with the deadline
approaching. Com Ed to move power poles in mid-October and other utilities to follow. AT&T and
Comcast cannot work until power lines are moved.
•Shared use path at Kennedy Road: Phase I approved and Phase II design agreement has been in
Springfield for a long time and not yet approved. Pending approvals, will be discussed at budget time
to work into schedule.
•ITEP: this is the Rt. 47 lighting project for the bridge. Lighting analysis is being done now and bids
to be let in early 2015.
•Riverfront Park: grant has been obtained for this, working with IDNR on permits and bids to be let in
2015 with construction in summer.
•Baseline Rd. bridge repairs: in early stages of engineering after approval of contract.
This report was for information and no further action required at this time.
4. PW 2014-69 Game Farm Road Phase III Engineering Agreement with EEI
Mr. Dhuse said he concurred with the memo that Mr. Olson wrote regarding this agreement. Mr.
Sanderson added that since federal funds are being used, the federal agreement must be adhered to and
individuals must have certain certifications. Due to federal requirements, there is an additional 3-4%
increase in engineering costs. He said EEI has qualified/certified staff to handle all this paperwork.
The committee was OK with the recommendations and this matter moves to consent agenda.
5. PW 2014-70 Raintree Village Units 4, 5, and 6 – Completion of Improvements – Change Order
No. 2
Mr. Sanderson gave background for this change order and said the City had a contract with Hardin
Paving. Additionally, the City entered into a contract with a developer a year ago who then turned over
their bond funds to finish the needed work. Some of the estimates received were too low, partly due to
the weather and the pavement had deteriorated greatly. Also, the binder course was not the right height
and more edge milling was needed. A balance of $130,000 is available to complete these
improvements. If the change order is approved, $55,000 will remain. Alderman Koch asked if there
was more punchlist work to be done for which there might not be enough money. Mr. Sanderson
replied that the work is basically done and that money was also set aside for street lights. Alderman
Koch also asked who is responsible for maintenance for any unfinished lots. The banks currently take
care of those. This item will move forward to the regular agenda.
6. PW 2014-71 Rt. 47 andCannonball Trail Intersection Improvements – Change Order No. 2
Money had been received from the Kendall Marketplace to complete these improvements. This is the
balancing change order and was decreased by $45,539.04. Less road was fully re-constructed resulting
in the savings. This moves to the consent agenda.
Page 4 of 4
7. PW 2014-72 Rt. 47 Additional Paving
Mr. Dhuse said he was requesting paving on W. Spring St. to continue to Church St. and in some other
areas. The committee members fully supported this as being cost efficient. Some of the work will be
completed this year, but locations north of the river are not likely to be done until next year.
Information about the changes will be published for motorists and additionally, the info has been on
message boards in the City. The School bus barn has also been notified. Repaving of State, Orange
and Main was also discussed. This item will move to the consent agenda.
Old Business:
1. PW2014-56 Blackberry Woods Subdivision Improvement Status – Updates (verbal)
Mr. Sanderson said the final lift has been put down, curb and gutter are done, but not as much work
completed on underground.
2. PW 2014-65 Caledonia Subdivision – Update (verbal)
The underground punchlist has been worked on the last 12 months and some curb & gutter has been
done. Final surface should be put down soon. Progress is being made.
Additional Business:
Ms. Milschewski asked about the “handhold” in conjunction with sidewalks mentioned in an email
from Mr. Sanderson. He explained a handhold is a wiring junction box. Railings for the sidewalks
will be right behind the retaining walls. It was mentioned there is no railing by CrossFit and thus no
pedestrian protection. IDOT did this plan design 10 years ago.
Alderman Koch asked about the road cuttings on the south side as equipment had been moved away
from there. The equipment had been moved to Somonauk to finish the work before the weather
window closes in 30 days. Work will also be done on Elizabeth and curb work was done starting at the
south Walgreens, moving north. Some areas will soon be opened to four lanes, but will then narrow
down to 2 lanes at some points while curb work is done. Work at Rt. 126 will be started soon and
finished in one week.
Ms. Milschewski asked about the possibility of a light at Greenbriar. There will not be one until the
east side of the road develops.
The carnival people at Riverfront were discussed. They were present due to a Knights of Columbus
event and a car show.
There was no further business and the meeting was adjourned at 7:43pm.
Minutes respectfully transcribed by Marlys Young
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
NB #1
Tracking Number
PW 2014-73
Water Department Reports for July and August 2014
Public Works Committee – October 21, 2014
Majority
Approval
Monthly water reports that are submitted to the IEPA.
Eric Dhuse Public Works
Name Department
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
NB #2
Tracking Number
PW 2014-74
Quiet Zone Initiative
PW Committee – October 21, 2014
None
Discussion
Brad Sanderson Engineering
Name Department
Per your request we have initiated the necessary preliminary investigation into the possibility of creating
Quiet Zones for the two railway corridors through the City. The two corridors and crossings, are as
follows:
IL Railway, Inc. (IR/Illinois Railnet)
Roadway Crossings: Mill Street, Heustis Street, Bridge Street, South Main Street, State Street,
Adams Street, Morgan Street, River Birch Lane, Poplar Drive (there are
also two alleys - shown as private crossings - and the Hoover Forest
Preserve entrance); there are other private crossings east of downtown.
Burlington Northern Santa Fe Railway Company (BNSF)
Roadway Crossings: Mill Road, Kennedy Road, Cannonball Trail
A summary of the process and requirements for establishing a new 24-Hour Quiet Zone is listed below,
along with potential obstacles for establishment of a Quiet Zone for each corridor.
General Requirements:
All crossings must have gates; crossings that only have cross bucks and/or flashing lights are not
eligible and must be closed or upgraded as a part of the process.
All crossings must be equipped with Constant Warning Time Detection, Constant Warning Time
is required to ensure the gates close in advance of the train at approximately the same time in
advance of the train crossing the roadway, regardless of train speed.
Improvements for the corridor must be made, to account for the loss of the train horn. To qualify,
the implemented improvements must lower the risk of the Quiet Zone (Quiet Zone Risk Index, or
QZRI) to a value lower than the risk of the corridor if the horns were sounded (Risk Index With
Horns, or RIWH), or a value lower than the Nationwide Significant Risk Threshold (NSRT).
Methods of Safety Improvement:
The approved Supplemental Safety Measures (SSMs) are:
o Closure of Crossing During Quiet Zone Hours (for non-24 Hour Quiet Zones)
o Four Quadrant Gate System
o Medians/Channelization Devices
o Conversion to One-Way Streets
o Permanent Closure of Crossings
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
CC: Eric Dhuse, Director of Public Works
Krysti Barksdale-Noble, Community Dev. Dir.
Lisa Pickering, Deputy City Clerk
Date: October 7, 2014
Subject: Quiet Zone Planning
Process:
Preliminary:
The process for establishment requires preliminary investigation to determine the existing
characteristics of the corridor, including the spacing between crossings, the number of private
crossings within the proposed corridor and assessing the feasibility of moving on to the diagnostic
stage.
Diagnostic Meeting:
A meeting scheduled with the Illinois Commerce Commission (ICC), the Federal Railroad
Administration (FRA), the local agency (and any other agency adjacent jurisdictional agencies)
and the operating railroad. Each crossing is reviewed to determine the appropriate safety
measures.
Notice of Intent (NOI):
Based on the Diagnostic Team findings (assuming the Quiet Zone if feasible) a Notice of Intent to
create a Quiet Zone is submitted parties those that attended the Diagnostic Meeting and other
parties as stipulated by law, including the Illinois Department of Transportation (IDOT) and other
railroads operating on the tracks. There is a 60-day comment period associated with the Notice of
Intent.
Application to FRA:
Depending on the scope of the improvements the local agency may be required to submit the
intended improvements to the FRA for official approval of the intended safety improvements
after the NOI.
Improvements:
Permitting with the railroad, design and construction of the required improvements can begin
after the 60-day NOI period and (if required) the approval of the application by the FRA.
Depending on the improvements required, this process can take as little as one month for signage
installation, up to 12-24 months if four-quadrants gates are to be installed. At a minimum, "No
Train Horn" signs must be posted at each crossing.
Notice of Establishment:
Upon completion of the improvements, a Notice of Establishment, specifying the date when the
Quiet Zone will become effective, must be distributed to all the parties included in the NOI.
United City of Yorkville - IL Railnet Quiet Zone
Background:
Not all of these crossings have gates, nor do they all have the proper train detection (Constant
Warning Time). The cost of gate installations at each crossing is approximately $250,000, but
that value could vary greatly (up to $500,000 per crossing) depending on the improvements
required. This work must be completed by ILRailnet and funded by the City.
Potential:
Once gates and proper detection are installed, median installations and crossing closures would be
the least expensive methods for implementation, provided they are applicable solutions and lower
the QZRI sufficiently.
Next Step:
Communication with IL Railnet prior to the commencement of any Quiet Zone study will be
required, to identify the required costs for each crossing, to bring them into compliance.
United City of Yorkville - Burlington Northern Santa Fe Quiet Zone
Background:
Two of the crossings are within the City limits, with a third crossing (Cannonball Trail) located in
unincorporated Bristol Township. It is advisable to review the third crossing along with the other
two; given the proximity (train horns sounded at that crossing will most certainly affect residents
of the City). If it becomes problematic to include that crossing, it does not need to be included, as
it is more than one half mile away from the other crossings (the Quiet Zone rule states that any
crossing within one half mile of a Quiet Zone must also be included in the Quiet Zone).
Potential:
Given the fact that gates and constant warning time are both apparently present, installation of
SSMs (likely medians or channelization devices) would be required to qualify for a Quiet Zone.
Next Step:
Based on the preliminary investigation, Establishment of this Quiet Zone appears to be possible;
if the City desires to pursue this Quiet Zone, the Diagnostic Team Meeting should be scheduled.
If you have any questions or require additional information, please let us know.
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MILL ROAD
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
NB #3
Tracking Number
PW 2014-75
Kennedy Road Widening – Autumn Creek
PW Committee – October 21, 2014
Consideration of Approval
Change Order Consideration
Brad Sanderson Engineering
Name Department
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
NB #4
Tracking Number
PW 2014-76
Route 47 Improvements
PW Committee – October 21, 2014
Consideration of Approval
Consideration of Easement
Brad Sanderson Engineering
Name Department
Attached find one copy of a grant of easement for proposed sanitary sewer related improvements
to be constructed by a private resident as part of the Route 47 project.
The easement and subsequent improvements are necessary as a result of the property owner
losing their septic field during the Route 47 project. IDOT and property owner negotiations have
just recently been finalized.
City staff has reviewed the easement and are recommending acceptance. If you have any
questions or require additional information, please let us know.
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
CC: Eric Dhuse, Director of Public Works
Krysti Barksdale-Noble, Community Dev. Dir.
Lisa Pickering, Deputy City Clerk
Date: October 13, 2014
Subject: Route 47 Improvements
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
NB #5
Tracking Number
PW 2014-77
Cannonball and Route 47 Improvements
PW Committee – October 21, 2014
Consideration of Approval
Supplemental Agreement Consideration
Brad Sanderson Engineering
Name Department
HR Green performed construction engineering on this project for the City. They have recently
requested consideration of a supplemental engineering amendment in the amount of $13,000.00.
Items noted by HR Green as to reasons for the proposed increase are as follows:
Utility Relocation Delays that impacted the contractor’s ability to start the project during the
summer of 2012
Contractor worked during “Non-Working Day” periods (Dec – April) while still utilizing his full
55 Working Days. This greatly increased the amount of hours HR Green’s Resident Engineer was
required to be on the project
HR Green total Man-hours were 799.5 compared to the original estimated contract hours of
approximately 500 hours. An increase of almost 300 hours.
Pay Increases for HR Green employees from the time the project began (Spring 2012) until the
project was complete (Fall 2014) adversely impacted the overall budget.
The overall extended duration of the contractor’s work schedule impacted our ability to fulfill the
original scope of the contract within the original upper limit of compensation and therefore we are
graciously requesting our upper limit of compensation to be increased by an estimated amount of
$13,000.00.
As you may recall, this project was initially awarded in February 2012 with the intention of the
work being completed during the 2012 construction season. Due to private utility relocation
delays, the contractor was not able to start until summer 2013.
We have reviewed the information provided by HR Green and support the request for the
supplemental agreement in the amount of $13,000.00. As a reminder, this project is funded
through monies received from the Kendall Marketplace development.
If you have any questions or require additional information, please call.
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
CC: Eric Dhuse, Director of Public Works
Krysti Barksdale-Noble, Community Dev. Dir.
Lisa Pickering, Deputy City Clerk
Date: October 1, 2014
Subject: Cannonball and Rte 47 Improvements
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
NB #6
Tracking Number
PW 2014-78
2015 RTBR Program – Ridge Street Water Main Improvements and 2015 Road Program
Public Works – October 21, 2014
See attached.
Brad Sanderson Engineering
Name Department
In accordance with our planned 2015 RTBR Program, we are hereby submitting two proposals
for your consideration. The proposals are as follows:
1. Ridge Street Water Main Improvements
2. 2015 Road Program
As we have discussed, our goal is to bid both projects in the spring and to begin construction
shortly after the new fiscal year begins. The water main project is to be completed prior to the
roadway work.
If you have any questions or require additional information, please let us know.
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
CC: Eric Dhuse, Director of Public Works
Krysti Barksdale-Noble, Community Dev. Dir.
Lisa Pickering, Deputy City Clerk
Date: October 15, 2014
Subject: 2015 Roads to Better Roads Program
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Rodak St
Benjamin St
Tomasik Ct
Bu h r m a s t e r Ct
Ryan Dr
Longview Dr
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Edward Ln Isabel Dr
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EXHIBIT A
RECOMMENDED 5-YEAR PLAN
DATE:
PROJECT NO.:
FILE:
BY:
MARCH 5, 2014
YO1123
YO1123-5 YEAR PLAN (REVISED 3-5-14).MXD
KKP
PAVEMENT MANAGEMENT
SYSTEM
UNITED CITY OF YORKVILLE, ILLINOIS
Engineering Enterprises, Inc.
52 Wheeler Road
Sugar Grove, Illinois 60554
(630) 466-6700
www.eeiweb.com
PATH:H:\GIS\PUBLIC\YORKVILLE\2011\YO1123
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
NORTH
°
YEAR OF IMPROVEMENT
2013 (Completed)
2014
2015
2016
2017
2018
Non Programmed
2015 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 2015 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 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 Attachment B. Design Engineering will be paid for as a Lump Sum in the amount of
$32,930.00 and Construction Engineering will be paid for hourly at the actual rates for
services to be performed, currently estimated at $45,120.00. 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 1st of any given year, shall provide written notice of
any change in the rates specified in Section C hereof (or on any attachments hereto) and
said changes shall only be effective on and after May 1st of that same year.
2015 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).
2015 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 500/50-10 from conducting business with the State of Illinois or any
agency as a result of being convicted of a felony.
Barred from Contracting : The Contractor certifies that it has not been barred from
contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois
Compiled Statutes 5/33E or similar law of another state.
Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug
Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this
contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or
more employees certify and agree to take steps to ensure a drug free workplace by
informing employees of the dangers of drug abuse, of the availability of any treatment or
assistance program, of prohibited activities and of sanctions that will be imposed for
violations; and that individuals with contracts certify that they will not engage in the
manufacture, distribution, dispensation, possession, or use of a controlled substance in
the performance of the contract.
Non-Discrimination, Certification, and Equal Employment Opportunity : The Contractor
agrees to comply with applicable provisions of the Illinois Human Rights Act (775
Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities
Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The
equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights
Rules is specifically incorporated herein. The Contractor shall comply with Executive
Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order
11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R.
Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under
this Contract.
International Boycott: The Contractor certifies that neither it nor any substantially owned
affiliated company is participating or shall participate in an international boycott in
violation of the provisions of the U.S. Export Administration Act of 1979 or the
regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS
582).
Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the
Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of
the date of completion of this Contract or the date of final payment under the Contract, all
books and records relating to the performance of the Contract and necessary to support
amounts charged to the City under the Contract. The Contract and all books and records
related to the Contract shall be available for review and audit by the City and the Illinois
Auditor General. If this Contract is funded from contract/grant funds provided by the
U.S. Government, the Contract, books, and records shall be available for review and
audit by the Comptroller General of the U.S. and/or the Inspector General of the federal
2015 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.
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
2015 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 __________________, 2014.
United City of Yorkville: Engineering Enterprises, Inc.:
_________________________________ ________________________________
Gary Golinski Brad Sanderson, P.E.
Mayor Vice President
_________________________________ ________________________________
Beth Warren Angie Ford
City Clerk Executive Assistant
2015 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:
o Section Number Request
o BLR09111 - Resolution
o BLR11510 - 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:
o BLR12210 - Cover
o BLR12220 - Notice to Bidders
o BLR12221 - Proposal
o BLR12222 - Schedule of Prices
o BLR12223 - Signatures
o BLR12230 - Bid Bond Form
o BLR12325 - Apprenticeship Certification
o BC57 - Affidavit of Availability
o Special Provisions
o Prevailing Wage
o Local Roads Special Provisions/Checksheets
o District Special Provisions
o Bureau of Design and Environment Special Provisions/Checksheets
o City Provisions & Details
o Existing/Proposed Typical Cross Sections
o Plan View Exhibits (when necessary)
o Profile View Exhibits (when necessary)
o Cross sections at 50-100 foot intervals (when necessary)
o 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 ½” x 11½” 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
2015 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
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Engineering Enterprises, Inc.
52 Wheeler Road
Sugar Grove, Illinois 60554
(630) 466-6700
YEAR OF IMPROVEMENT
2015
EXHIBIT D
LOCATION MAP
www.eeiweb.com
DATE:
PROJECT NO.:
FILE:
PATH:
BY:
October 2014
YO1443
YO1443_Location.MXD
H:\GIS\PUBLIC\YORKVILLE\2014\
KKP ³
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
ATTACHMENT E
Ridge Street 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 1,200 linear feet of 8-inch water main improvements on Ridge Street (see
Exhibit 5 for project limits). Engineering will be in accordance with all City, Standard
Specifications for Water and Sewer Construction in Illinois, 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
$28,000.00 and Construction Engineering will be paid for Hourly (HR) at the actual rates
for services to be performed, currently estimated at $23,286.00. 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 1st of any given year, shall provide written notice of
any change in the rates specified in Section C hereof (or on any attachments hereto) and
said changes shall only be effective on and after May 1st of that same year.
Ridge Street 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).
Ridge Street 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 500/50-10 from conducting business with the State of Illinois or any
agency as a result of being convicted of a felony.
Barred from Contracting : The Contractor certifies that it has not been barred from
contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois
Compiled Statutes 5/33E or similar law of another state.
Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug
Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this
contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or
more employees certify and agree to take steps to ensure a drug free workplace by
informing employees of the dangers of drug abuse, of the availability of any treatment or
assistance program, of prohibited activities and of sanctions that will be imposed for
violations; and that individuals with contracts certify that they will not engage in the
manufacture, distribution, dispensation, possession, or use of a controlled substance in
the performance of the contract.
Non-Discrimination, Certification, and Equal Employment Opportunity : The Contractor
agrees to comply with applicable provisions of the Illinois Human Rights Act (775
Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities
Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The
equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights
Rules is specifically incorporated herein. The Contractor shall comply with Executive
Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order
11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter
60). The Contractor agrees to incorporate this clause into all subcontracts under this
Contract.
International Boycott: The Contractor certifies that neither it nor any substantially owned
affiliated company is participating or shall participate in an international boycott in
violation of the provisions of the U.S. Export Administration Act of 1979 or the
regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS
582).
Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the
Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of
the date of completion of this Contract or the date of final payment under the Contract, all
books and records relating to the performance of the Contract and necessary to support
amounts charged to the City under the Contract. The Contract and all books and records
related to the Contract shall be available for review and audit by the City and the Illinois
Auditor General. If this Contract is funded from contract/grant funds provided by the
U.S. Government, the Contract, books, and records shall be available for review and
audit by the Comptroller General of the U.S. and/or the Inspector General of the federal
Ridge Street 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
Ridge Street 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 3: Estimate of Level of Effort and Associated Cost
Exhibit 4: Anticipated Project Schedule
Exhibit 5: Location Map
Exhibit 6: 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 __________________, 2014.
United City of Yorkville: Engineering Enterprises, Inc.:
_________________________________ ________________________________
Gary Golinski Brad Sanderson, P.E.
Mayor Vice President
_________________________________ ________________________________
Beth Warren Angie Smith
City Clerk Executive Assistant
1
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
2
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 – Ridge Street Water Main
Improvements” dated October 14, 2014.
3
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.
4
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.
8. 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)’
5
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
6
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 – Ridge Street Water Main
Improvements” dated October 14, 2014.
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.
7
SECTION C – COMPENSATION FOR ENGINEERING SERVICES
1. The OWNER shall compensate the ENGINEER for professional design engineering services in
the amount of Twenty Eight Thousand Fifty Dollars – Fixed Fee (FF) ($28,000.00 FF) as
summarized on Exhibit 3: “Estimate of Level of Effort and Associated Cost for Professional
Engineering Services for Ridge Street Water Main Improvements” dated October 14, 2014.
(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 Ridge Street Water Main Improvements” dated October
14, 2014 and are estimated at $23,286.00 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:
8
(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.
9
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.
10
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).
11
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.
12
(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.
13
(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
14
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.
15
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.
16
(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
17
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
18
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.
(l) Completion:
(1) Before ENGINEER issues a Statement of Substantial Completion, submit to
contractor a list of observed items requiring completion or correction.
19
(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.
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Engineering Enterprises, Inc.
52 Wheeler Road
Sugar Grove, Illinois 60554
(630) 466-6700
IMPROVEMENT LIMITS
WATER
EXHIBIT 5
LOCATION MAP
www.eeiweb.com
DATE:
PROJECT NO.:
FILE:
PATH:
BY:
October 2014
YO1441
YO1441_Location.mxd.MXD
H:\GIS\PUBLIC\YORKVILLE\2014\
KKP ³
01,0002,000500
Feet
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
EXHIBIT 6
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
NB #7
Tracking Number
PW 2014-79
Blackberry Woods Subdivision
PW Committee – October 21, 2014
Consideration of Approval
Acceptance and LOC Reduction
Brad Sanderson Engineering
Name Department
The Developer has requested that the City accept the paving (pavement and curb/gutter) portion
of the public improvements for the Blackberry Woods Development for ownership and
maintenance. In addition, they are requesting a letter of credit reduction.
At this time all work related to the paving portion of the public improvements, including any
punchlist items is complete.
Attached is the draft Bill of Sale for the development. We recommend that the public
improvements for paving (pavement and curb/gutter) as described in the Bill of Sale be accepted
for ownership and maintenance by the City.
In addition, we are recommending a reduction of the letter of credit (First National Bank LOC
#STB10200038) for the development in the amount of $354,176.00. The amount of the reduction
is based work completed to date and our current estimate to complete the remaining work (see
attached). The new value of the LOC shall be $174,016.00.
Please place this item on the Public Works Committee agenda of October 21, 2014 for
consideration.
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
CC: Eric Dhuse, Director of Public Works
Krysti Barksdale-Noble, Community Dev. Dir.
Lisa Pickering, Deputy City Clerk
Date: October 15, 2014
Subject: Blackberry Woods
1
BILL OF SALE
Seller, _______________, in consideration of One and 00/100th Dollar ($1.00), receipt
hereby acknowledged, does hereby sell, assign, transfer and convey to the Buyer, the United City
of Yorkville, an Illinois municipal corporation, at 800 Game Farm Road, Yorkville, Illinois
60560, the following personal property to wit described in Exhibit A attached hereto for the
development know as Blackberry Woods, and generally shown on Exhibit B.
Seller hereby represents and warrants to Buyer that Seller is the absolute owner of said
property, that said property is free and clear of all liens, charges and encumbrances, and that
Seller has full right, power, and authority to sell said property and to make this Bill of Sale.
IN WITNESS WHEREOF, Seller has signed and sealed this Bill of Sale at
___________________________________, this _____ day of _______________, 20__.
Subscribed and Sworn to
before me this _____ day
of _____________, 20__.
_______________________
Notary Public
EXHIBIT A
BLACKBERRY WOODS
UNITED CITY OF YORKVILLE
ROADWAYUNITQUANTITY
CANNONBALL TRAILFOOT1677
PURCELL STREETFOOT512
SOUTH CARLY CIRCLEFOOT699
NORTH CARLY CIRCLEFOOT1185
CARLY DRIVEFOOT627
CARLY COURTFOOT541
PATRICK COURTFOOT269
CODY COURTFOOT331
NOTE: ACCEPTING PAVING ONLY (PAVEMENT AND CURB/GUTTER)
P u r c e ll S tr e e t
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Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
NB #8
Tracking Number
PW 2014-80
Skidsteer RFP Request
Public Works Committee – October 21, 2014
positive
Approval of RFP winning bid
Request permission to seek RFP’s for new skidsteer for Public Works
Eric Dhuse Public Works
Name Department
All,
I would like to ask for your approval to go to bid for a new skidsteer. We currently have one
unit, but we would like to get a second smaller unit on tracks for smaller jobs such as grading
dirt, removing sidewalk, and other applications where a smaller machine will be better suited for
the job.
We currently have $60,000 budgeted for the purchase of a new skidsteer. Approximately
$30,000 is for the sale of our old combination backhoe loader. We would like to move forward
and request proposals for the purchase of the new skidsteer and trade in of the old combination
backhoe.
After bids are opened and tabulated, I will bring forward a recommendation for City Council
approval. I would ask that this be placed on the October 21, 2014 public works committee
agenda for discussion. If you have any question or need further information, please let me know.
Memorandum
To: Public Works Committee
From: Eric Dhuse, Director of Public Works
CC: Bart Olson, Administrator
Date: October 15, 2014
Subject: Skidsteer RFP
United City of Yorkville, Illinois
Request for Proposal
Skid Steer Purchase and
Trade in of Caterpillar
436 Combination Backhoe Loader
Request for Proposals
1. The United City of Yorkville, Illinois (the “City”) is issuing this Request for Proposal (“RFP”)
for the purpose of soliciting vendor proposals for the purchase of new skid steer loader, and the
trade in of a used 436 Caterpillar combination backhoe loader.
2. The City intends to seek the most cost-effective solution, based on the Criteria contained in this
RFP, for its needs.
3. One original and one copy of the proposal will be accepted until 12:00 pm Friday November 14,
2014. Proposals submitted must be binding for not less than ninety (90) days after the date
received. The City will select the proposal, or combination of proposals, that, in its opinion, is in
the best interest of the City. The City reserves the right to reject any and all proposals or
portions of a proposal. The City also reserves the right to waive minor technicalities in the
proposal. The City not only reserves the right at the sole discretion of the City to reject any and
all proposals and to waive technicalities, but also reserves the right of evaluation and the right to
determine the methodology for evaluation of the proposals to determine which is the best
proposal and to accept the proposal (or proposals) deemed to be in the best interest of the City,
i.e., the most qualified proposal will not necessarily be the proposal with the lowest cost.
Further, the City reserves the right to accept a proposal (or proposals) for any or all items
separately or together.
4. All inquiries shall only be addressed at a meeting open to all potential bidders with Eric Dhuse or
John Sleezer on Monday November 3, 2014 at 9:00 am at the United City of Yorkville City
Council chambers, 800 Game Farm Road Yorkville, Illinois.
5. Proposals may also be hand-delivered to the following address by the date and time specified. It
is the responsibility of the bidder to deliver the proposal in accordance with these instructions
contained above and/or elsewhere in the RFP. Proposals dispatched, but not received by the City
by proposal closing time, will be returned, after receipt, unopened to the bidder. All proposals
should be addressed to:
United City of Yorkville
Re: (vendor name)
Proposal for Skid Steer RFP
Attention: Eric Dhuse
800 Game Farm Rd.
Yorkville, Illinois 60560
Proposal packets are available online at www.yorkville.il.us or at the United City of Yorkville
city hall which is located at 800 Game Farm Rd., Yorkville, Illinois.
6. Award of Contract. The United City of Yorkville City Council will make the final award of
the proposal or contract.
7. Contract. In addition to the completed proposal, a resulting contract shall be required by the City,
and may require product literature. All agreements between the United City of Yorkville and the
vendor will be handled through our legal counsel. In addition, any legal restrictions or provisions,
enforced by the vendor or its parent company, which are not in line with the industry’s standard,
should be pointed out.
8. Confidentiality of Documents. Proposals shall be unopened so as to avoid disclosure of contents
to competing bidders and kept secret during the process of negotiation. However, all proposals that
have been submitted shall be open for public inspection after contract award. Trade secrets and
confidential information, as specified by the vendor, contained in the proposals shall not be open for
public inspection.
9. Contact with City Employees. In order to ensure fair and objective evaluation, all questions
related to this RFP should be addressed only to the person (s) in attendance at the potential bidders
meeting on November 3, 2014. Contact with any other City employee is expressly prohibited
without prior consent of the persons so named herein. Vendors directly contacting other City
employees will risk elimination of their proposal from further consideration.
Conditions
The bidder shall, as part of this proposal, submit a bid to purchase the City’s Caterpillar 436
combination backhoe loader. The City will evaluate all bids based on this criteria. All bidders are
welcome to make an appointment to view/test the combination machine at any time during the
bidding process with a 24 hour notice.
The winning bidder shall deliver the skid steer no more than 30 days after award of bid. Any
exceptions shall be noted on the proposal.
Specifications for Skid Steer.
Machine must be bid with all standard equipment as shown in manufacturer’s printed
literature.
Machine shall have tracks, no bids with tires will be accepted. This must be stated clearly in
the bid package.
Operating weight shall be between 8000-9400 pounds
Operating capacity shall be no less than 2000 pounds
Machine shall have a Tier 4 engine rating
Machine shall have a Minimum horsepower - 74
Machine shall have two speed forward and two speeds reverse with speed controlled by
switch mounted on joystick control lever.
Machine will come with standard tooth bucket
Hydraulic system shall be high flow
Loader arm must feature hydraulic bucket self-leveling
Minimum lift height to bucket pin shall be 9’11”
Joystick control set to” Case” operation
Cab shall be equipped with factory installed heater and air conditioning and door mounted
windshield wiper
Cab unit shall include standard hydraulic universal front coupler system, controlled from the
operator’s seat
Machine shall have an electronic monitoring system to include visual and audible alarms for
low oil pressure, high engine coolant temp., air cleaner restriction, coolant level, and battery
charge level
Must have hour meter, fuel gauge, and water temperature gauge
Track width must be a minimum of 12.6” and must have a minimum ground contact length
of 54.7”
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
NB #9
Tracking Number
PW 2014-81
Parking restriction on Autumn Creek Boulevard
Public Works – October 21, 2014
N/A
Majority
Approval
See attached memo.
Bart Olson Administration
Name Department
Summary:
A discussion related to off-street parking on Autumn Creek Boulevard.
Background:
Parking on Autumn Creek Boulevard between Prairie Grass Lane and Crimson lane is
prohibited on the south/west side of the street during baseball games (April-July, weeknights).
This restriction was approved by the City Council in June 2011, as a result of parking complaints
caused by baseball game visitor parking along Autumn Creek Boulevard.
In the past few days, the City has received a few complaints about double-sided parking
on Autumn Creek Boulevard near the school. These complaints have originated on Facebook
and one email to City staff. As a result of the complaints, City staff looked at the roadway width,
use of the surrounding area, and traffic patterns on Autumn Creek Boulevard.
Based on our staff analysis, we think that the use of Autumn Creek Boulevard as a
subdivision and regional thoroughfare warrants a one-sided parking restriction for the entire
length of Autumn Creek Boulevard. The school day traffic, school event traffic, use of the park
outside of baseball season, and width of the roadway were also deciding factors on our
recommendation.
Recommendation:
Staff recommends that the City Council adopt a permanent restriction for the south/west
side of Autumn Creek Boulevard between Kennedy Road and Route 34. If the committee
supports the recommendation, the item will move to City Council for informal adoption. With
City Council approval, we would notify adjacent landowners of the proposed restriction and
invite them to a future PW Committee meeting.
Memorandum
To: Public Works Committee
From: Bart Olson, City Administrator
Date: October 16, 2014
Subject: Parking on Autumn Creek Boulevard
(US Rt 34)
Autumn Creek Blvd.
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