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Public Works Packet 2014 12-16-14 AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday, December 16, 2014 6:00 p.m. City Hall Conference Room Citizen Comments: Minutes for Correction/Approval: November 18, 2014 New Business: 1. PW 2014-96 Game Farm Road and Somonauk Street Improvements – Project Overview 2. PW 2014-97 IDOT – Route 47 Schedule 3. PW 2014-98 State Street Sanitary and Adrian Street Water Main and Drainage Improvements – Change Order No. 1 4. PW 2014-99 Route 47 Off-Street Parking Improvements – Change Order No. 1 5. PW 2014-100 Wrigley EDP Engineering Agreement Old Business: 1. PW 2014-74 Railroad Quiet Zone Initiative 2. PW 2014-81 Autumn Creek Parking Restrictions Additional Business: 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 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us UNITED CITY OF YORKVILLE WORKSHEET PUBLIC WORKS COMMITTEE Tuesday, December 16, 2014 6:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. November 18, 2014 □ Approved __________ □ As presented □ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2014-96 Game Farm Road and Somonauk Street Improvements – Project Overview □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2014-97 IDOT – Route 47 Schedule □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2014-98 State Street and Adrian Street Improvements – Change Order No. 1 □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2014-99 Route 47 Off-Street Parking Improvements – Change Order No. 1 □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2014-100 Wrigley EDP Engineering Agreement □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. 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 ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 2. 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 ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/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 – November 18, 2014 Public Works – December 16, 2014 Majority Committee Approval Minute Taker Name Department Page 1 of 4 DRAFT UNITED CITY OF YORKVILLE PUBLIC WORKS COMMITTEE Tuesday, November 18, 2014, 6:00pm Yorkville City Hall, Conference Room 800 Game Farm Road IN ATTENDANCE: Committee Members Chairman Diane Teeling Alderman Jackie Milschewski Alderman Larry Kot Absent: Alderman Ken Koch Other City Officials Mayor Gary Golinski (left at 6:50pm) City Administrator Bart Olson Alderman Chris Funkhouser Public Works Director Eric Dhuse Engineer Brad Sanderson, EEI Other Guests: Attorney Dan Kramer Jeff Freeman, EEI The meeting was called to order at 6:01pm by Chairman Diane Teeling. (Items #6 and #9 were moved forward on the agenda.) New Business: 6. PW 2014-87 IDOT Resolution for Highway Permit for Kendall Crossing – NCG Theater Mr. Olson said IDOT is now requiring the City to sign off on all new highway permits for all projects. This resolution is for the right in/right out for the theater. Mr. Kramer said IDOT has said they will pay for the improvements with no City responsibility and a letter was sent to EEI to guarantee that. The committee approved this and it moves to the consent agenda. 9. PW 2014-90 Ordinance Vacating a Portion of the Liberty Street Right-of-Way and a Portion of the Elm Street Right-of-Way (Heartland Meadows) Mr. Kramer said this action is required by the PUD agreement. The committee agreed on this action and it moves to the consent agenda. Page 2 of 4 Citizen Comments: None Previous Meeting Minutes: October 21, 2014 The minutes were approved as presented. New Business: 1. PW 2014-82 Long Term Water Planning Jeff Freeman of EEI was present to discuss water planning and a handout was given to the committee. A recent study of the NE portion of Illinois showed that the water demand is exceeding the capacity of the deep aquifer supplying the water. He said modifying demand is a first step to extend the resources. Chairman Teeling asked how the plan would affect people who are on wells and if they draw from the main aquifer. He said well logs would be obtained and be considered with the rest of the study. Mr. Freeman noted that Plainfield now gets their water from Lake Michigan. He said it would be cost- prohibitive at this time for Yorkville, but should be researched. The study suggests working with Oswego and Montgomery and Mr. Olson has reached out to these towns regarding possible meetings. Mr. Freeman added that Elgin and Aurora use Fox River water. Ms. Teeling asked if Joliet has done any long-range planning since they use the deep aquifier. They have not taken any steps to draw water from an alternate location. The last comprehensive water report was done in 2000 and Mr. Freeman said it would take 9-12 months to do a water study for Yorkville. Alderman Kot inquired about possible state funding, however, there would not be money/grants for the planning portion, but low-interest loans from IEPA might be available. Alderman Milschewski asked if this has been budgeted. It is included in the 2016 budget based on staff recommendations and will have its own category. In conclusion, committee members recommended inviting EEI to make a presentation to the full Council at a future date. 2. PW 2014-83 Public Works Committee Meeting Dates for 2015 The committee approved the meeting dates as presented. 3. PW 2014-84 Cannonball Trail LAFO – Authorization of Contract Changes No. 1 Mr. Sanderson said the documents contain authorization for milling and re-surfacing which have been completed. This is the balancing change order which increased the amount slightly to $2,500.33. This should be the last change and he recommended approval. The committee agreed and it moves to consent. 4. PW 2014-85 Game Farm Road/Somonauk Street Improvements – IDOT Joint Agreement and Resolution The joint agreement specifies the funding source and $2.3 million is available for the construction process. Some utility work has begun and bids will be let at the end of the week. Construction should start in March or April and finish in December. More detail will be available in the December Public Works meeting. Ms. Teeling said a resident had approached her about the disputed preservation of a tree on Game Farm Page 3 of 4 Rd. These inquiries should be forwarded to EEI. Ms. Milschewski also brought up an issue with the busses on Game Farm Road near the cemetery, that go straight across the road to the new parking lot. Mr. Dhuse spoke with Mr. DeBolt at the school regarding signage. Mr. Sanderson also said EEI will be meeting with the schools for their input prior to the road construction starting. This item moves to the consent agenda. 5. PW 2014-86 Resolution Regarding Night-Time Work for Reconstruction of Route 34 (Eldamain to Center Parkway) IDOT has targeted this portion of Rte. 34 for 2017 and is seeking approval for night-time construction prior to their Public Hearing. Area residents are given advance notice of any night-time work. The committee was OK with this resolution and it will move to consent agenda. 7. PW 2014-88 Wrigley Site Expansion a. Ordinance Proposing Establishment of a Back-up SSA Mr. Sanderson said a stormwater detention facility has to be constructed to comply with a new County ordinance. Approval is needed before a Public Hearing date can be set in January. b. Ordinance Accepting a Plat of Easement for Stormwater Management A grant of easement is also needed in the event the City ever needed to gain access for maintenance. Mr. Sanderson said Wrigley will be expanding to the northeast and a railroad spur will be examined in the long range planning. The committee recommended approval and it moves to consent. 8. PW 2014-89 Heartland Meadows – Ordinance Proposing Establishment of a Back-up SSA A residential development is moving ahead and a stormwater basin must be created to follow the ordinance. A Public Hearing will be set for January. Alderman Teeling asked if SSA's could have been created in Windett Ridge where maintenance issues occurred. Mr. Dhuse said that subdivision had not been accepted so an SSA could not be established. The committee recommended approval of the ordinance and this moves forward to the consent agenda. 10. PW 2014-91 Walsh Drive Drainage Improvements – Change Order No. 1 This is the recently completed project for drainage issues and Mr. Sanderson said the project is mostly complete. The change order reflects a decrease of about $37,000 since an alternate construction entrance was used instead of building a new one. Alderman Kot inquired if the residents are aware of the repairs made. Letters were sent to the residents and Mr. Dhuse said he has not received any complaint calls since Spring. This moves to the consent agenda. 11. PW2014-92 Raintree Village Units 4, 5, and 6 – Completion of Improvements – Change Order No. 3 This is a balancing change order with a decrease of about $20,000. Most of the work is done with landscaping scheduled for next year. A “chimney seal” will be needed which keeps water out of the sanitary manholes. These expenses will all come from bond money. This moves to consent agenda. 12. PW2014-93 Kendall County Transportation Alternatives Program (KC-TAP) Mr. Olson said this is informational. Kendall County has notified the City of next year's TAP grant program. The City submitted an application for a grant for $5,000 for the Rt. 47 project, sidewalks and trails. Applications can be made each year and grant approval is expected for this year. 13. PW 2014-94 Corneils and Beecher Road Improvements – Agreement with EEI This is an agreement with EEI to design and monitor the project construction. The amount is $46,496 and will be paid by funds received by ComEd. It is hoped construction will begin in May. This moves Page 4 of 4 to the consent agenda. 14. PW 2014-95 Route 34 Improvements (Eastern Project) Mr. Olson said this is the final agreement for the project and there will be an additional $45,000 expense for a shared-use trail that was omitted. He noted the costs had gone up since the original 2012 memorandum from $230,000 to $284,000. It moves forward to the full Council for approval. Alderman Kot asked why the stoplight and road lighting costs had increased significantly in two years. Mr. Dhuse thought that more recent prices had been included. The costs will be spread out over two fiscal years. Mr. Olson said this project will be less complex than Rt. 47 and he will give an overview at a future meeting. Road medians were also discussed. Alderman Teeling asked if ground covers or rock gardens could be used instead of grass which requires mowing. Any plantings need to be approved by IDOT and must also be salt-tolerant. Ms. Teeling also asked about the ordinance for parking included in this agreement. No parking will be allowed, but the ordinance is part of the agreement. This moves to the consent agenda. Old Business: None Additional Business: Alderman Milschewski noted that she had received an email from Vicky Coveny regarding the difficult road conditions near her home due to the Rt. 47 construction. Ms. Coveny will be contacted with alternatives. Mr. Dhuse gave a brief update of the construction progress. Ms. Milschewski also noted an object protruding from the light pole on the bridge. It is conduit for the pole. Alderman Teeling discussed the intersection of Rt. 47 and Countryside Parkway. She asked to have a green light and arrow at the same time to move traffic more smoothly. Potholes on Rt. 47 were brought up by Alderman Kot. He also asked about the theater entrance which should be opened this year if concrete can be poured yet this winter. He also asked about the pile of gravel by the lift station and the close proximity to the station. Mr. Dhuse said the pile is five feet from the building and will be used for the northbound lanes. Mr. Funkhouser said the daily lane changes and business entrances on Rt. 34 presented some difficulties. He said the construction company was careless with the barricades and the signage was lacking. He asked that they do a better job with the signs. Mr. Olson also suggested the businesses should contact IDOT rep Julia Messina to voice their concerns. He said three businesses had contacted Ms. Messina and him when their entrances were unexpectedly closed. Mr. Dhuse said one individual is assigned to re-set barricades and cones hourly when they are hit by cars. Mr. Dhuse said the last Rt. 47 meeting for this year is scheduled for November 20th. There was no further business and the meeting was adjourned at 7:35pm. Minutes respectfully transcribed by Marlys Young, Minute Taker Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/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 2014-96 Game Farm Road and Somonauk Improvements PW Committee – December 16, 2014 None Project Overview - Presentation Brad Sanderson Engineering Name Department Game Farm Road / Somonauk Street Improvements Public Works Committee Presentation December 16, 2014 Presented By: Brad Sanderson, P.E. Discussion Outline •Project Overview •Project Schedule •Construction Expectations •Communication Plan •Summary Project Overview •As-Bid Construction Cost = $3,768,467.60 •Full Reconstruction of Roadway (0.89 Mile) –Three (3) Lane Cross-Section w/Curb & Gutter (35’ E-E) –Left & Right Turn Lanes at Route 34 –Left Turn Lanes provided at other Key Locations –Bus Turnout at Grade School Project Overview Project Overview •Pedestrian Accommodations –Shared Use Path along North/West Side of New Roadway –Sidewalk provided on Opposite Side for Full Length, Except between North High School Entrance and Route 34 Project Overview Project Overview •New Signals at Route 34 •Retaining Wall at Southeast Corner of Route 34 and Game Farm (Nursing Home) –10’ High x 160’ Long Project Overview •Underground Utilities –Storm Sewer/Drainage Improvements (4,700’) –Sanitary Sewer Upgrades –Water main Upgrades Construction Schedule •General Schedule –Private Utility Relocates - On-going –City Contractor – March/April 2015 –Project Completion – December 2015 Construction Schedule •Construction Staging –Four (4) Stages Planned –Stage 1 – Route 34 to North High School Entrance –Stage 2 – In Front of Schools (Summer) –Stage 3 – King to Tower Lane –Stage 4 – Final Surface and Pavement Marking for Entire Length Construction Schedule Construction Expectations •Typical to Projects of this Nature, Residents may Experience the Following During Construction: –Construction Traffic and Noise –Minor Traffic Delays and/or Detours –Temporary Driveway Closures –Temporary Loss of Utility Services Communication Plan •Meeting w/ School District •Public Open House •Thorough Pre-construction Conference •Bi-Weekly Status Meetings w/Contractor •EEI Resident Engineer – Weekly Summary Updates •Daily Communications Questions 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: IDOT – Route 47 Schedule 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 2014-97 Public Works – December 16, 2014 Verbal update will be given at meeting. Bart Olson Administration 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 #3 Tracking Number PW 2014-98 State Street Sanitary and Adrian Street Water Main and Drainage Improvements PW Committee – December 16, 2014 Consideration of Change Order Consideration of Change Order Brad Sanderson Engineering Name Department The purpose of this memo is to present Change Order No. 1 for the above referenced project. A Change Order, as defined by in the General Conditions of the Contract Documents, is a written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents, or authorizing an adjustment in the Contract Price or Contract Time. Background: The United City of Yorkville and S&K Excavating & Trucking, Inc. entered into an agreement for a contract value of $322,871.00 for the above referenced project. The intent of this project is to replace sanitary sewer on State Street (from Washington to Ridge) and Water Main on Adrian Street (at Blaine). Improvement also included minor drainage improvements on Blaine Street (east of Adrain). Questions Presented: Should the City approve Change Order No. 1 which would increase the contract amount by $6,290.60? Discussion: The following discussion points address the items listed on Change Order No. 1: 1) Items 1 through 18 reflect the as-built field quantities. (C.O. Value = $178.60) Deductions and additions worth noting are Item No. 5 (HMA Pavement, 4-Inch) and Item No. 6 (HMA Pavement, 4-Inch, Special). The original bid included 3 types of HMA pavement patching at the following locations:  “4-Inch” included ~600 SY of binder and surface on State Street; 75 SY on Blaine  “ 4-Inch Special” included ~275 SY of just binder on Blaine/Adrian (i.e., within limits of 2014 MFT)  “8-Inch” included ~50 SY patch on Fox at State 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: December 16, 2014 Subject: State Street Sanitary Sewer and Adrian Street Water Main and Drainage Improvements It was decided that State Street would only receive 4” of binder (“special”) in lieu of binder + surface since State Street is slated to be milled and overlayed as part of the 2015 road improvements. Therefore ~ 600 SY of “HMA 4-Inch” was transferred to “HMA 4- Inch Special”. This plus the actual limits of the pavement patching resulted in the change order quantities. 2) Items 19 and 20 were not part of the original bid as these items were discovered during construction. The items reflect two (2) existing water services that were located off a side yard water main loop (Adrian to State) that was abandoned as part of this project. The existing services were located approximately +55’ east of Adrian. Because the water main was being abandoned, the two (2) existing services had to be reconstructed and tapped onto the new water main on Adrian Street. (C.O. Value = $6,112.00) The project is substantially complete. Change Order No. 1 will be the only change order presented for consideration. Action Required: Consideration of approval of Change Order No. 1 in the amount of $6,290.00. (continued) CO-01 CHANGE ORDER Order No. 1 Date: December 1, 2014 Agreement Date: August 15, 2014 NAME OF PROJECT: State Street Sanitary Sewer and Adrian Street Water Main and Drainage Improvements OWNER: United City of Yorkville CONTRACTOR: S&K Excavating & Trucking, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: 1) Deduction of SEWER CONSTRUCTION–PIPE SEWER, 12-INCH PVC SDR-26 10 Feet @ $126.00/Foot ($1,260.00) 2) Deduction of SANITARY SEWER SERVICE, 6-INCH PVC SDR-26 68.5 Feet @ $65.00/Foot ($4,452.50) 3) Deduction of FOUNDATION MATERIAL 50 CU YD @ $52.00/CU YD ($2,600.00) 4) Addition of HOT-MIX ASPHALT PAVEMENT REMOVAL 249.2 SY @ $10.00/SY $2,492.00 5) Deduction of HOT-MIX ASPHALT PAVEMENT, 4-INCH 596 SY @ $43.00/SY ($25,628.00) 6) Addition of HOT-MIX ASPHALT PAVEMENT, 4-INCH, SPECIAL 839.7 SY @ $53.00/SY $44,504.10 7) Addition of HOT-MIX ASPHALT PAVEMENT, 8-INCH 5.5 SY @ $140.00/SY $770.00 8) Deduction of DRIVEWAY PAVEMENT REMOVAL 26 SY @ $10.00/SY ($260.00) 9) Deduction of HMA DRIVEW AY PAVEMENT, N50, 2-INCH 7 SY @ $44.00/SY ($308.00) 10) Deduction of PORTLAND CEMENT CONCRETE DRIVEWAY, 6-INCH 19 SY @ $180.00/SY ($3,420.00) 11) Deduction of FULL DEPTH AGG DRIVEWAY PAVEMENT R&R, 8 -INCH 47 SY @ $15.00/SY ($705.00) CHANGE ORDER NO. 1 Page 2 CO-02 12) Deduction of COMB. CONCRETE CURB & GUTTER REM. & REPLACEMENT 12 Feet @ $40.00/Foot ($480.00) 13) Deduction of SIDEWALK REMOVAL AND REPLACEMENT 328 SF @ $10.00/SF ($3,280.00) 14) Deduction of DETECTABLE WARNINGS 16 SF @ $30.00/SF ($480.00) 15) Addition of RESTORATION 65.2 SY @ $5.00/SY $326.00 16) Deduction of THERMOPLASTIC PAVEMENT MARKINGS – LINE 6” 164 Feet @ $10.00/Foot ($1,640.00) 17) Deduction of NON-SPECIAL NON-HAZARD SOIL WASTE DISPOSAL, TY 1 50 TON @ $48.00/TON ($2,400.00) 18) Deduction of NON-SPECIAL NON-HAZARD SOIL WASTE DISPOSAL, TY 2 50 TON @ $20.00/TON ($1,000.00) 19) Addition of WATER SERVICE CONNECTION 2 Each @ $1,200.00/Each $2,400.00 20) Addition of WATER SERVICE PIPE 116 Feet @ $32.00/Foot $3,712.00 Change of CONTRACT PRICE: Original CONTRACT PRICE: $ 322,871.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S) $ 322,871.00 The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (decreased) by: $ 6,290.60 The new CONTRACT PRICE including this CHANGE ORDER will be $ 329,161.60 Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (decreased) by 0 calendar days. The date for completion of all work will be November 14, 2014 (Date.) CHANGE ORDER NO. 1 Page 3 CO-03 Justification: Items 1 through 18 are contract bid items where final quantities differ from the bid schedule. Items 19 and 20 were not included in the original bid but were necessary to complete the scope of work. Approvals Required: To be effective this order must be approved by the agency if it changes the scope or objective of the PROJECT, or as may otherwi se be required by the SUPPLEMENTAL GENERAL CONDITIONS. Requested by: S&K Excavating & Trucking, Inc. Recommended by: Engineering Enterprises, Inc. Accepted by: United City of Yorkville Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/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 2014-99 Route 47 Off-Street Parking Improvements – Change Order No. 1 PW Committee – December 16, 2014 Consideration of Approval Change Order Consideration Brad Sanderson Engineering Name Department The purpose of this memo is to present Change Order No. 1 for the above referenced project. A Change Order, as defined by in the General Conditions of the Contract Documents, is a written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents, or authorizing an adjustment in the Contract Price or Contract Time. Background: The United City of Yorkville and D Construction Co. entered into an agreement on June 23, 2013 at a contract value of $330,546.37 for the above referenced project. This project is funded from the monies received by IDOT to replace parking spaces eliminated along Route 47 as a result of the Route 47 improvements. IDOT agreed to reimburse the City in the amount of $643,000 for 20 parking spaces. This amount included costs associated with land acquisition, engineering, construction and landscaping. It is currently estimated that all costs combined will be approximately $15,000 under the allowable IDOT Reimbursable amount of $643,000. Questions Presented: Should the City approve Change Order No. 1 which would increase the contract amount by $51,701.56? Discussion: Change Order No. 1 includes additions and deductions to the contract quantities to reflect as- built quantities. There were several field changes made during construction to improve local drainage and to adjust to the Route 47 work being performed by IDOT. In addition, the following extras not anticipated prior to construction: Item #25 Upon shop drawing review, additional concrete was required for the stair foundation to provide additional structural integrity to the stairs. 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: December 2, 2014 Subject: Route 47 Off-StreetParking Improvements –Change Order No. 1 Item #26 The pole at the east end of Van Emmon Street on the south side of the street was anticipated to be relocated as part of the improvements. However, it was discovered after further investigation that this pole only serviced a few business and the traffic light controller at Route 47. Therefore, the feed for this pole could easily be placed underground, minimizing any overhead electric at this location. The conduits for the electric, cable, and telephone service lines were subsequently placed underground, and the pole at the east end of Van Emmon Street was removed in lieu of being relocated. This also eliminated the conflict of the pole and sidewalk. Change Order No. 1 is anticipated to be the final change order. We are recommending approval of the Change Order. Action Required: Consideration of approval from the City Council for Change Order No. 1. G:\Public\Yorkville\2010\YO1001 Rt. 47 Off-Street Parking Improvements\Change Orders\Change Order 1.doc CHANGE ORDER Order No. 1 Date: October 3, 2014 Agreement Date: June 23, 2013 NAME OF PROJECT: Route 47 Off-Street Parking Lot Improvements OWNER: United City of Yorkville CONTRACTOR: D Construction Co. The following changes are hereby made to the CONTRACT DOCUMENTS: 1.) Deduction of Relocate Sign Panel 2 EACH @ $150.00/EACH ($300.00) 2.) Addition of HMA Surface Course, IL 19.0, N50 3 TONS @ $77.00/TON $231.00 3.) Addition of HMA Surface Course, IL N50 43 TONS @ $83/CU YD $3,569.00 4.) Addition of Bituminous Materials Prime 390 GAL @ $0.01/GAL $3.90 5.) Addition of Aggregate Base Course, Type B, 12” 20 SQ YD @ $22.00/SQ YD $440.00 6.) Addition Thermoplastic Pavement Marking – Line 4” 20 SQ YD @ $5.00/SQ YD $100.00 7.) Addition Topsoil Stripping, Stockpiling, and Replacement 31 CU YD @ $4.00/CU YD $124.00 8.) Addition of Earth Excavation (Special) 19 CU YD @ $25.00/CU YD $475.00 9.) Addition of Contaminated Waste 171 CU YD @ $100/CU YD $17,100.00 10.) Addition of Retaining Wall 135 FACE FOOT @ $50.00/FACE FOOT $6,750.00 11.) Deduction of Detectable Warnings 4 SQ FT @ $30.00/SQ FT ($120.00) G:\Public\Yorkville\2010\YO1001 Rt. 47 Off-Street Parking Improvements\Change Orders\Change Order 1.doc 12.) Deduction of Pipe Drain, 4” Special 40 FOOT @ $25.00/FOOT ($1,000.00) 13.) Addition of Class D Patches, 6” 154 SQ YD @ $40.00/SQ YD $6,160.00 14.) Deduction of Crushed Stone, Trench Foundation 30 CU YD @ $40.00/CU YD ($1,200.00) 15.) Deduction of Manhole, 4’ Dia., Type 1 Frame, Closed Lid 1 EACH @ $2,000.00/EACH ($2,000.00) 16.) Deduction of Sanitary Sewer, PVC, 6” 45 FOOT @ $5.00/FOOT ($1,575.00) 17.) Addition of Sanitary Sewer, PVC, 8” 37 FOOT @ $45.00/FOOT $1,665.00 18.) Deduction of PCC Sidewalk, 5” (Special) 335 SQ FT @ $6.50/SQ FT ($2,177.50) 19.) Addition of PCC Sidewalk, 6” (Special) 570 SQ FT @ $6.50/SQ FT $3,705.00 20.) Deduction of PCC Retaining Wall (Special) 39 FOOT @ $155.00/FOOT ($6,045.00) 21.) Addition of Combination Curb and Gutter, Type B6.12 147 FOOT @ $20.00/FOOT $2,940.00 22.) Addition of Ornamental Fence, Imperial Style D 9 FOOT @ $93/SQ YD $837.00 23.) Addition of Tree Removal (Over 15” Diameter) 26 UNIT DIA.@ $35/UNIT DIA. $910.00 24.) Addition of Erosion Control Blanket 31 SQ YD @ $2.50/SQ YD $77.50 25.) Additional Work Associated With Stair Footing 1 LUMP SUM @ $3,951.00/LUMP SUM $3,951.00 26.) Additional Work Associated With Placing the Electric, Cable, and Telephone Service Lines on Van Emmon Underground 1 LUMP SUM @ $14,633.70/LUMP SUM $14,701.66 Change to CONTRACT PRICE: Original CONTRACT PRICE: $330,546.37 G:\Public\Yorkville\2010\YO1001 Rt. 47 Off-Street Parking Improvements\Change Orders\Change Order 1.doc Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $330,546.37 The CONTRACT PRICE due to this CHANGE ORDER will be INCREASED by: $51,701.56 The new CONTRACT PRICE including this CHANGE ORDER will be: $382,247.93 Justification: 1) Changes per as-built field quantities. 2-5) Changes per as-built field quantities and additional paving on Madison. 6-7) Changes per as-built field quantities. 8) Excavation required to place the curb and gutter along Main Street (south of the parking lot entrance). 9) Actual quantities of earth excavation containing higher levels of Arsenic based on soil testing by True North. 10-14) Changes per as-built field quantities. 15-17) Sanitary sewer re-design to make sanitary flow to the east along Van Emmon. 18-20) Changes per as-built field quantities. 21) Changes per as-built field quantities, including the curb and gutter along Main Street (south of the parking lot entrance). 12-24) Changes per as-built field quantities. 25) Changes to the stair foundation upon shop drawing review. 26) Changes associated with placing the conduits for the electric, cable, and telephone service lines underground and removing the pole at the east end of Van Emmon Street. Change to CONTRACT TIME: The contract time is increased/decreased by 0 days. Requested by: D Construction Co. Recommended by: Engineering Enterprises, Inc. Accepted by: United City of Yorkville Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/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 2014-100 Wrigley EDP Engineering Agreement Public Works – December 16, 2014 N/A Majority Approval See attached memo. Bart Olson Administration Name Department Summary Approval of engineering agreements with HR Green for design engineering and construction engineering. Background The City Council approved an EDP grant agreement with IDOT in July 2014 for intersection improvements to Route 47 and the Wrigley entrance. Within that agreement is $104,152 for design engineering and construction engineering. HR Green has been retained by Wrigley to do a number of on-site engineering projects, including drafting all of the concept engineering drawings and information related to the City’s EDP grant application in Summer 2014. While the City is responsible for the EDP grant-related improvements, we felt that HR Green’s other work on site with Wrigley provided the project with some natural efficiencies that we wouldn’t otherwise achieve with another engineering firm. Also, the City has a long history of using HR Green for large roadway projects. HR Green has submitted two agreements for our approval. The first is for preliminary and design engineering in the amount of $57,430 and the second is for construction engineering in the amount of $46,719.25. Together, the two agreements are $104,149.25. Recommendation Staff recommends approval of the design engineering and construction engineering agreements with HR Green. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: December 11, 2014 Subject: Wrigley EDP Engineering Agreement PROFESSIONAL SERVICES AGREEMENT For Wrigley Building Expansion Roadway and Traffic Signal Plans and Specifications Mr. Bart Olson City Administrator United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 P: 630.553.4350 / F: 630.553.7575 David W. Schultz, P.E., LEED AP HR Green, Inc. 651 Prairie Pointe Drive, Suite 201 Yorkville, Illinois 60560 HR Green Project Number 88140093.02 July 21, 2014 Revised September5, 2014 Revised November 20, 2014 I. TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE 8.0 TERMS AND CONDITIONS Professional Services Agreement Wrigley Building Expansion Roadway and Traffic Signal Plans and Specifications November 20, 2014 Page 1 of 11 THIS AGREEMENT is between the United City of Yorkville (hereafter “CLIENT”) and HR GREEN, INC. (hereafter "COMPANY") and prepared ultimately for Wm Wrigley Jr Company (hereafter "OWNER"). 1.0 Project Understanding 1.1 General Understanding COMPANY is currently performing work for the OWNER for onsite services associated with the proposed site improvements and building expansion to an existing manufacturing building. The subject property, consisting of approximately 35 acres, is located 1,500 feet from the intersection of Illinois Route 47 and Cannonball Trail on the east side of Illinois Route 47. The proposal included herein is for the preparation of both the Roadway and Traffic Signal Plans and Specifications for the intersection of Illinois Route 47 and Wrigley Entrance. The plans and specifications will be prepared based on the proposed improvements as depicted on the IDOT approved Interim Intersection Design Study (IDS). The COMPANY will enter agreements with the CLIENT who will administer the contract funds by the State of Illinois via the EDP Grant that was secured earlier by the COMPANY and OWNER. 1.2 Design Criteria/Assumptions The Roadway and Traffic Signal Plans and Specifications will be prepared in accordance with standard Illinois Department of Transportation (IDOT) design criteria. Local ordinances and design guidelines will be considered. 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: 2.1 Engineering Services 1. Roadway and Traffic Signal Plans and Specifications for the proposed intersection of Illinois Route 47 and Wrigley Entrance will be prepared and submitted to IDOT for review and approval. Submittals to IDOT, District 3, will occur at the 60%, 90%, and 100% milestones. It is assumed that three (3) submittals will be required to obtain IDOT approval of the plans and specifications. The following will be completed as part of the roadway and traffic signal plans and specifications: a. Roadway and Traffic Signal Plans and Specifications Item No. of Sheets Cover Sheet / Index of Sheets / List of Highway Standards 1 General Notes 1 Summary of Quantities 1 Typical Sections 2 Quantity Schedules*3 Removal Plans 1 Professional Services Agreement Wrigley Building Expansion Roadway and Traffic Signal Plans and Specifications November 20, 2014 Page 2 of 11 Plan and Profiles 2 Erosion Control Plans 1 Intersection Pavement Elevation Plan 1 Pavement Marking and Signage Plans 1 Traffic Signal Schedule of Quantities*1 Traffic Signal Installation Plans 2 Cable Plan and Phase Designation Diagram 1 Mast Arm Loading Diagrams and Mast Arm Mounted Street Name Signs 1 Traffic Signal Interconnect Plans 4 Miscellaneous Details 4 Cross-Sections 8 Special Provisions Total No. of Sheets 35 *Item includes the tabulation and checking of applicable pay items. 2. Prepare an Engineer’s Opinion of Probable Construction Cost based on the proposed improvements included in the Roadway and Traffic Signal Plans and Specifications. 3. COMPANY will provide Quality Assurance and Quality Control (QA/QC) in accordance with COMPANY’s current Quality Manual (QM), which outlines processes for project planning, including design input, outputs, review and verification. The QM also outlines internal processes, such as standardization, internal project audits, selection and rating of subconsultants, and monitoring of deliverables. 2.2 Meetings 1. Man-hours have been included to attend one (1) meeting each with IDOT and the CLIENT to discuss the Roadway Plans and Specifications. 2. This item includes preparation of meeting minutes and distribution to meeting attendees. 2.3 Administration/Coordination 1. This item includes general administrative tasks associated with the Proposal. 2. Conduct general coordination throughout the project with William Wrigley, Jr. Company (OWNER), IDOT, and the CLIENT. 3.0 Deliverables Included in this Agreement 1. Roadway and Traffic Signal Plans and Specifications a. Four (4) copies of the plans and specifications will be provided to IDOT at each submittal stage. b. One (1) copy of the plans and specifications will be provided to the United City of Yorkville at each submittal stage. Professional Services Agreement Wrigley Building Expansion Roadway and Traffic Signal Plans and Specifications November 20, 2014 Page 3 of 11 c. One (1) copy of the plans and specifications will be provided to the OWNER once the plans are approved by IDOT. d. Two (2) copies of the plans and specifications will be provided to the five (5) utility companies at the pre-final stage and one (1) copy of the plans and specifications will be provided to the five (5) utility companies at the final submittal. 2. Additional copies of the plans and specifications are available at an additional cost. 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this agreement: 1. Stormwater detention analysis or design 2. Floodway, floodplain, or wetland analyses 3. Topographic survey. (Provided by Owner) 4. Environmental coordination 5. Storm sewer design 6. Culvert hydraulic analyses or designs 7. Temporary traffic signals 8. Preparation of bid documents, bid review, construction layout, and construction observation services. These services are available at an additional cost under a separate contract 9. Any other improvements not specifically mentioned herein Supplemental services not included in the agreement can be provided by COMPANY under separate agreement, if desired. 5.0 Services by Others 5.1 Soil Borings and Geotechnical Report COMPANY will provide Subconsultant who will perform the following: a. Drill up to a range of 4-20 feet deep structure borings for analysis b. Foundation recommendations to include diameter and depth of drilled shaft foundations for proposed traffic signals. Boring locations are contingent on access to each location with a truck mounted drill rig. c. Obtain IDOT permit for drilling operations. d. Traffic Control for drilling operations. The report will include a description of the field work performed, a discussion on the local geology, foundation type discussion with depths and diameters appropriate for proposed traffic signal foundations. The soil boring logs are to include soil descriptions, strengths and moisture contents and depth where groundwater was encountered. To better complete the report we will need the proposed structure loadings and locations. Professional Services Agreement Wrigley Building Expansion Roadway and Traffic Signal Plans and Specifications November 20, 2014 Page 4 of 11 6.0 Client/Owner Responsibilities The following are items that OWNER will need to provide COMPANY: 1. Approved IDS. (Provided by Owner) 2. Topographic survey. (Provided by Owner) 7.0 Professional Services Fee 7.1 Fees The fee for services will be based on COMPANY standard hourly rates current at the time the agreement is signed. These standard hourly rates are subject to change upon 30 days’ written notice. Non salary expenses directly attributable to the project such as: (1) living and traveling expenses of employees when away from the home office on business connected with the project; (2) identifiable communication expenses; (3) identifiable reproduction costs applicable to the work; and (4) outside services will be charged in accordance with the rates current at the time the work is done. 7.2 Invoices Invoices for COMPANY’s services shall be submitted, on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 15 days, COMPANY may, without waiving any claim or right against the CLIENT, and without liability whatsoever to the CLIENT, suspend or terminate the performance of services. The retainer shall be credited on the final invoice. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event any portion of an account remains unpaid 60 days after the billing, COMPANY may institute collection action and the CLIENT shall pay all costs of collection, including reasonable attorney’s fees. 7.3 Extra Work Any work required but not included as part of this contract shall be considered extra work. Extra work will be billed on a Time and Material basis with prior approval of the CLIENT. 7.4 Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These work items are considered extra and are billed separately on an hourly basis. Professional Services Agreement Wrigley Building Expansion Roadway and Traffic Signal Plans and Specifications November 20, 2014 Page 5 of 11 7.5 Payment The CLIENT AGREES to pay COMPANY on the following basis: Lump sum in the amount of $57,430.00 ITEM LABOR COST SUB CONSULTING Roadway & Traffic Signal Plans & Specifications $52,930.00 $4,500.00 8.0 Terms and Conditions The following Terms and Conditions are incorporated into this AGREEMENT and made a part of it. 8.1 Standard of Care Services provided by COMPANY under this AGREEMENT will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. 8.2 Entire Agreement This Agreement, and its attachments, constitutes the entire understanding between CLIENT and COMPANY relating to professional engineering services. Any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this Agreement shall be in writing and signed by the parties to this Agreement. If the CLIENT, its officers, agents, or employees request COMPANY to perform extra work or services pursuant to this Agreement, CLIENT will pay for the additional services even though an additional written Agreement is not issued or signed. 8.3 Time Limit and Commencement of Work This AGREEMENT must be executed within ninety (90) days to be accepted under the terms set forth herein. The work will be commenced immediately upon receipt of this signed Agreement. 8.4 Suspension of Services If the Project or the COMPANY’S services are suspended by the CLIENT for more than thirty (30) calendar days, consecutive or in the aggregate, over the term of this Agreement, the COMPANY shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the CLIENT shall compensate the COMPANY for expenses incurred as a result of the suspension and resumption of its services, and the COMPANY’S schedule and fees for the remainder of the Project shall be equitably adjusted. If the COMPANY’S services are suspended for more than ninety (90) days, consecutive or in the aggregate, the COMPANY may terminate this Agreement upon giving not less than five (5) calendar days' written notice to the CLIENT. If the CLIENT is in breach of this Agreement, the COMPANY may suspend performance of services upon five (5) calendar days' notice to the CLIENT. The COMPANY shall have no liability to the CLIENT, and the CLIENT agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by the CLIENT. Upon receipt of payment in full of all outstanding sums due from the CLIENT, or curing of such other breach which caused the COMPANY to suspend services, the COMPANY shall resume services and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension. Professional Services Agreement Wrigley Building Expansion Roadway and Traffic Signal Plans and Specifications November 20, 2014 Page 6 of 11 8.5 Book of Account COMPANY will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental expenses for a period of five (5) years. Said books and accounts will be available at all reasonable times for examination by CLIENT at the corporate office of COMPANY during that time. 8.6 Insurance COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General Liability and Automobile claims for bodily injury, death, or property damage arising from the negligent performance by COMPANY's employees of the functions and services required under this Agreement. 8.7 Termination or Abandonment Either party has the option to terminate this Agreement. In the event of failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, then the obligation to provide further services under this Agreement may be terminated upon seven days written notice. If any portion of the work is terminated or abandoned by CLIENT, the provisions of this Schedule of Fees and Conditions in regard to compensation and payment shall apply insofar as possible to that portion of the work not terminated or abandoned. If said termination occurs prior to completion of any phase of the project, the fee for services performed during such phase shall be based on COMPANY's reasonable estimate of the portion of such phase completed prior to said termination, plus a reasonable amount to reimburse COMPANY for termination costs. 8.8 Waiver COMPANY's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. 8.9 Severability If any provision of this Agreement is declared invalid, illegal, or incapable of being enforced by any Court of competent jurisdiction, all of the remaining provisions of this Agreement shall nevertheless continue in full force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein. 8.10 Successors and Assigns All of the terms, conditions, and provisions hereof shall inure to the benefit of and be binding upon the parties hereto, and their respective successors and assigns, provided, however, that no assignment of this Agreement shall be made without written consent of the parties to this Agreement. 8.11 Third-Party Beneficiaries Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the COMPANY. The COMPANY’s services under this Agreement are being performed solely for the CLIENT’s benefit, and no other party or entity shall have any claim against the COMPANY because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in this project to carry out the intent of this provision. 8.12 Governing Law and Jurisdiction The CLIENT and the COMPANY agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of Illinois without regard to any conflict of laws provisions, which may apply the laws of other jurisdictions. It is further agreed that any legal action between the CLIENT and the COMPANY arising out of this Agreement or the performance of the services shall be brought in a court of competent jurisdiction in the State of Illinois. 8.13 Dispute Resolution Mediation. In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and COMPANY agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non-binding mediation unless the parties Professional Services Agreement Wrigley Building Expansion Roadway and Traffic Signal Plans and Specifications November 20, 2014 Page 7 of 11 mutually agree otherwise. The CLIENT and COMPANY further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub-consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. Arbitration. In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of the services under this Agreement, involving an amount of less than $50,000, in Mediation, then such disputes shall be settled by binding arbitration by an arbitrator to be mutually agreed upon by the parties, and shall proceed in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. If the parties cannot agree on a single arbitrator, then the arbitrator(s) shall be selected in accordance with the above-referenced rules. 8.14 Attorney’s Fees If litigation arises for purposes of collecting fees or expenses due under this Agreement, the Court in such litigation shall award reasonable costs and expenses, including attorney fees, to the party justly entitled thereto. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. 8.15 Ownership of Instruments of Service All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY. COMPANY shall retain these records for a period of five (5) years following completion/submission of the records, during which period they will be made available to the CLIENT at all reasonable times. 8.16 Reuse of Documents All project documents including, but not limited to, plans and specifications furnished by COMPANY under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorney's fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the COMPANY, and the COMPANY makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT’s use or reuse of the electronic files. 8.17 Failure to Abide by Design Documents or To Obtain Guidance The CLIENT agrees that it would be unfair to hold COMPANY liable for problems that might occur should COMPANY’S plans, specifications or design intents not be followed, or for problems resulting from others' failure to obtain and/or follow COMPANY’S guidance with respect to any errors, omissions, inconsistencies, ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing COMPANY’S plans, specifications or other instruments of service. Accordingly, the CLIENT waives any claim against COMPANY, and agrees to defend, indemnify and hold COMPANY harmless from any claim for injury or losses that results from failure to follow COMPANY’S plans, specifications or design intent, or for failure to obtain and/or follow COMPANY’S guidance with respect to any alleged errors, omissions, inconsistencies, ambiguities or conflicts contained within or arising as a result of implementing COMPANY’S plans, specifications or other instruments of services. The CLIENT also agrees to compensate COMPANY for any time spent and expenses incurred remedying CLIENT’s failures according to COMPANY’S prevailing fee schedule and expense reimbursement policy. 8.18 Opinion of Probable Construction Cost COMPANY shall submit to the CLIENT an opinion of probable cost required to construct work recommended, designed, or specified by COMPANY, if required by CLIENT. COMPANY is not a construction cost estimator or construction contractor, nor should COMPANY’S rendering an opinion of probable construction costs be considered equivalent to the nature and extent of service a construction cost estimator or construction contractor would provide. This requires COMPANY to make a number of assumptions as to actual conditions that will be encountered on site; the specific decisions of other design professionals engaged; the means and methods of construction the contractor will employ; the cost and extent of labor, equipment and materials the Professional Services Agreement Wrigley Building Expansion Roadway and Traffic Signal Plans and Specifications November 20, 2014 Page 8 of 11 contractor will employ; contractor's techniques in determining prices and market conditions at the time, and other factors over which COMPANY has no control. Given the assumptions which must be made, COMPANY cannot guarantee the accuracy of his or her opinions of cost, and in recognition of that fact, the CLIENT waives any claim against COMPANY relative to the accuracy of COMPANY’S opinion of probable construction cost. 8.19 Design Information in Electronic Form Because electronic file information can be easily altered, corrupted, or modified by other parties, either intentionally or inadvertently, without notice or indication, COMPANY reserves the right to remove itself from its ownership and/or involvement in the material from each electronic medium not held in its possession. CLIENT shall retain copies of the work performed by COMPANY in electronic form only for information and use by CLIENT for the specific purpose for which COMPANY was engaged. Said material shall not be used by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by COMPANY without COMPANY’s expressed written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT’S sole risk. Furthermore, the CLIENT agrees to defend, indemnify, and hold COMPANY harmless from all claims, injuries, damages, losses, expenses, and attorney's fees arising out of the modification or reuse of these materials. The CLIENT recognizes that designs, plans, and data stored on electronic media including, but not limited to computer disk, magnetic tape, or files transferred via email, may be subject to undetectable alteration and/or uncontrollable deterioration. The CLIENT, therefore, agrees that COMPANY shall not be liable for the completeness or accuracy of any materials provided on electronic media after a 30 day inspection period, during which time COMPANY shall correct any errors detected by the CLIENT to complete the design in accordance with the intent of the contract and specifications. After 40 days, at the request of the CLIENT, COMPANY shall submit a final set of sealed drawings, and any additional services to be performed by COMPANY relative to the submitted electronic materials shall be subject to separate AGREEMENT. The CLIENT is aware that differences may exist between the electronic files delivered and the printed hard-copy construction documents. In the event of a conflict between the signed construction documents prepared by the COMPANY and electronic files, the signed or sealed hard-copy construction documents shall govern. 8.20 Information Provided by Others The CLIENT shall furnish, at the CLIENT’s expense, all information, requirements, reports, data, surveys and instructions required by this AGREEMENT. The COMPANY may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. The COMPANY shall not be held responsible for any errors or omissions that may arise as a result of erroneous or incomplete information provided by the CLIENT and/or the CLIENT’s consultants and contractors. COMPANY is not responsible for accuracy of any plans, surveys or information of any type including electronic media prepared by any other consultants, etc. provided to COMPANY for use in preparation of plans. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the COMPANY from any damages, liabilities, or costs, including reasonable attorneys’ fees and defense costs, arising out of or connected in any way with the services performed by other consultants engaged by the CLIENT. COMPANY is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this contract unless indicated in the Scope of Work. 8.21 Force Majeure The CLIENT agrees that the COMPANY is not responsible for damages arising directly or indirectly from any delays for causes beyond the COMPANY's control. CLIENT agrees to defend, indemnify, and hold COMPANY, its consultants, agents, and employees harmless from any and all liability, other than that caused by the negligent acts, errors, or omissions of COMPANY, arising out of or resulting from the same. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters or acts of God; fires, riots, war or other emergencies; failure of any government agency to act in timely manner; failure of performance by the CLIENT or the CLIENT’S contractors or consultants; or discovery of any hazardous substances or differing site conditions. Severe weather disruptions include but are not limited to extensive rain, high winds, snow greater than two (2) inches and ice. In addition, if the delays resulting from any such causes increase the cost or time required by the Professional Services Agreement Wrigley Building Expansion Roadway and Traffic Signal Plans and Specifications November 20, 2014 Page 9 of 11 COMPANY to perform its services in an orderly and efficient manner, the COMPANY shall be entitled to a reasonable adjustment in schedule and compensation. 8.22 Job Site Visits and Safety Neither the professional activities of COMPANY, nor the presence of COMPANY’S employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. COMPANY and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's AGREEMENT with the General Contractor. The CLIENT also agrees that the CLIENT, COMPANY and COMPANY’S consultants shall be indemnified and shall be made additional insureds on the General Contractor’s and all subcontractor’s general liability policies on a primary and non-contributory basis. 8.23 Hazardous Materials CLIENT hereby understands and agrees that COMPANY has not created nor contributed to the creation or existence of any or all types of hazardous or toxic wastes, materials, chemical compounds, or substances, or any other type of environmental hazard or pollution, whether latent or patent, at CLIENT's premises, or in connection with or related to this project with respect to which COMPANY has been retained to provide professional engineering services. The compensation to be paid COMPANY for said professional engineering services is in no way commensurate with, and has not been calculated with reference to, the potential risk of injury or loss which may be caused by the exposure of persons or property to such substances or conditions. Therefore, to the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold COMPANY, its officers, directors, employees, and consultants, harmless from and against any and all claims, damages, and expenses, whether direct, indirect, or consequential, including, but not limited to, attorney fees and Court costs, arising out of, or resulting from the discharge, escape, release, or saturation of smoke, vapors, soot, fumes, acid, alkalis, toxic chemicals, liquids gases, or any other materials, irritants, contaminants, or pollutants in or into the atmosphere, or on, onto, upon, in, or into the surface or subsurface of soil, water, or watercourses, objects, or any tangible or intangible matter, whether sudden or not. It is acknowledged by both parties that COMPANY’S scope of services does not include any services related to asbestos or hazardous or toxic materials. In the event COMPANY or any other party encounters asbestos or hazardous or toxic materials at the job site, or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of COMPANY’S services, COMPANY may, at its option and without liability for consequential or any other damages, suspend performance of services on the project until the CLIENT retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or remove the asbestos or hazardous or toxic materials, and warrants that the job site is in full compliance with applicable laws and regulations. Nothing contained within this Agreement shall be construed or interpreted as requiring COMPANY to assume the status of a generator, storer, transporter, treater, or disposal facility as those terms appear within the Resource Conservation and Recovery Act, 42 U.S.C.A., §6901 et seq., as amended, or within any State statute governing the generation, treatment, storage, and disposal of waste. 8.24 Certificate of Merit The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against COMPANY unless the CLIENT has first provided COMPANY with a written certification executed by an independent design professional currently practicing in the same discipline as COMPANY and licensed in the State in which the claim arises. This certification shall: a) contain the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a Design Professional performing professional services under similar circumstances; and c) state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to COMPANY not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any judicial proceeding. Professional Services Agreement Wrigley Building Expansion Roadway and Traffic Signal Plans and Specifications November 20, 2014 Page 10 of 11 8.25 Limitation of Liability The CLIENT agrees, to the fullest extent permitted by law, to limit the liability of COMPANY and COMPANY’s officers, directors, partners, employees, shareholders, owners and subconsultants to the CLIENT for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of COMPANY and its officers, directors, partners, employees, shareholders, owners and subconsultants to all those named shall not exceed COMPANY’S total fee received for services rendered on this project or $50,000.00, whichever is less. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 8.26 Drywells, Underdrains and Other Infiltration Devices Services provided by COMPANY under this AGREEMENT do NOT include the geotechnical design of drywells, underdrains, injection wells or any other item that may be devised for the purpose of removing water from the CLIENT’S property by infiltration into the ground. Due to the high variability of soil types and conditions such devices will not be reliable in all cases. While for this reason COMPANY does not recommend the use of these devices, in some cases their use may be necessary to obtain an adequate amount of area for development on the CLIENT’S property. Since the use of these devices is intended to enhance the value of the CLIENT’S property and, in some cases, allow development that would otherwise not be possible, the CLIENT will assume all risks inherent in the design and construction of these devices, unless the contractor or a Geotechnical Engineer assumes these risks. Typical risks include but are not limited to:  Failure to obtain the required release rate;  Variability of the soils encountered during construction from those encountered in soil borings. (Soils can vary widely over a small change in location, horizontal or vertical, particularly with regards to permeability);  Failure of the device due to siltation, poor construction or changes in the water table;  Need to obtain additional soils information (i.e. borings etc.) to evaluate the function of installed devices;  Reconstruction of failed or inadequate devices;  Enlargement of detention/ retention facilities to make up for release rates that are lower than those used in the stormwater design, including engineering design and additional land required for such enlargement; and  Regular maintenance to remove accumulated silt over the device’s life span. If the use of these devices is required COMPANY will advise the CLIENT that a Geotechnical Engineer must be retained to consult on the project. The CLIENT must enter into a separate agreement directly with this consultant. They will not be sub-contracted through COMPANY nor are their fees included as part of this AGREEMENT. COMPANY will work together with this consultant to obtain a final design. Our collaboration may include the use of a common standard detail or the creation of a new standard detail. COMPANY may make suggestions to the Geotechnical Engineer on ways to tailor these devices to meet the needs of the overall site design. The Geotechnical Engineer will evaluate these suggested details and modifications based on his experience and measured soils information to estimate the release rate for each detail considered. COMPANY may use a release rate of these devices as provided by the Geotechnical Engineer for the design of the stormwater system. This rate may be faxed to us, as a draft copy of the Geotechnical Engineers report or as a final copy of that report. In no case will COMPANY accept responsibility for the determination of the expected release rate of these devices. If certification of the contractor’s construction of these devices is required by the municipality or desired by the CLIENT a Geotechnical Engineer must also be obtained for these services. This is highly recommended in order to observe the actual soils where the devices are being constructed and to verify that the construction methods used do not violate any assumptions made by the Geotechnical Engineer during the design and evaluation of the standard detail. If a Geotechnical Engineer is not retained by the CLIENT to provide construction review, the CLIENT shall assume all risks that the devices may fail requiring additional geotechnical investigation or reconstruction and shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorney's fees arising out of or resulting therefrom. Any construction observation services provided by COMPANY shall not include these devices. Professional Services Agreement Wrigley Building Expansion Roadway and Traffic Signal Plans and Specifications November 20, 2014 Page 11 of 11 This AGREEMENT is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the AGREEMENT. Work cannot begin until COMPANY receives a signed agreement. The effective date of the AGREEMENT shall be the last date entered below. Sincerely, HR GREEN, INC. David W. Schultz, P.E., LEED AP Approved by: Printed/Typed Name: Peter J. Huinker, P.E., LEED AP Title: Director of Land Development Date: 11/20/14 United City of Yorkville Accepted by: Printed/Typed Name: Title: Date: \\HRGYVNAS\Data\88140093\88140093.02\Design\Contract\agt-072114-rev-112014-WrigleyExpansion- TransportationServices.docx PROFESSIONAL SERVICES AGREEMENT For CRB – Wrigley Expansion Project – IL 47 Improvements Construction Observation Services Mr. Bart Olson City Administrator United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 P: 630.553.4350 / F: 630.553.7575 David W. Schultz, P.E., LEED AD HR Green 651 Prairie Pointe Drive, Suite 201 Yorkville, IL 60560 88140093.03 July 16, 2014 Revised: September 5, 2014 Revised: November 20, 2014 I. TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE 8.0 TERMS AND CONDITIONS Professional Services Agreement CRB Wrigley Expansion Project – IL 47 Improvements (Construction Observation Services) HRG Project 88140093.03 November 20, 2014 Page 1 of 10 THIS AGREEMENT is between the United City of Yorkville (hereafter “CLIENT”) and HR GREEN, INC. (hereafter "COMPANY") and prepared ultimately for Wm Wrigley Jr. Company (hereafter "OWNER"). 1.0 Project Understanding 1.1 General Understanding The project consists of improvements along Illinois Route 47 between Cannonball Trail and Boombah Drive in the United City of Yorkville and includes: milling, resurfacing, traffic signal interconnect installation, miscellaneous landscaping, pavement striping and new signals at the Intersection of Illinois Route 47 and the Industrial Access Drive to Wrigley facilities. The COMPANY will enter agreements with the CLIENT who will administer the contract funds by the State of Illinois via the EDP Grant that was secured earlier by the COMPANY and OWNER. 1.2 Assumptions The construction observation phase assumes full-time observation by one (1) Construction Engineer throughout the duration while the contractor is performing work on- site. The duration is estimated to be thirty-five (35) working days. Additional time is included to get familiar with the plans and contract documents, set-up filing system, mark and measure removal items, attend preconstruction meeting, provide Quality Assurance Material Testing, develop a punchlist, coordinate final acceptance with the Illinois Department of Transportation (IDOT), project close-out, general administrative tasks, and managerial supervision. 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: The COMPANY will be on-site while the contractor is performing work, to ascertain that the contractor’s work is being performed in accordance with plans, special provisions, and standard specifications in accordance with all IDOT Permit requirements. The COMPANY will observe and document the work performed and quantify pay items constructed in place. Pay Estimates will be generated for the CLIENT’s approval and any proposed changes to the work will be presented to the CLIENT for consideration and approval. The COMPANY will track the contractor’s progress and daily activities via daily and weekly reports. The COMPANY will assure proper evidence of material inspection in accordance with IDOT’s Project Procedures Guide, as well as maintain adequate materials testing reports for material acceptance by the CLIENT and IDOT. The COMPANY will coordinate inspections with IDOT personnel during critical items of construction and keep IDOT abreast of progress and facilitate traffic signal turn-on and final acceptance. Each of these tasks will be part of the Construction Engineer’s daily duties. Following is a description of the various tasks associated with the construction observation services to be supplied by the Company. Professional Services Agreement CRB Wrigley Expansion Project – IL 47 Improvements (Construction Observation Services) HRG Project 88140093.03 November 20, 2014 Page 2 of 10 A. Construction Start-Up and Review This work includes the need for the Construction Engineer to review the approved plans and specifications to become generally familiar with the project, reviewing contractor submittals and proposed construction schedule, and set-up the Construction Engineer’s file system and documentation. Construction Engineer I: Eight (8) hours x two (2) days = 16 hours B. Construction Layout Verification This work consists of marking limits of removals for bituminous resurfacing and verifying existing alignments and proposed elevations to ensure constructability of the plans. (Construction Staking is assumed to be completed by the Contractor) Construction Engineer I: Eight (8) hours x One (1) day = 8 hours C. Preconstruction Meeting This works consists of preparing documents and chairing the Preconstruction Meeting prior to the start of construction. Construction Engineer I: Four (4) hours x One (1) day = 4 hours Sr. Construction Project Manager: Two (2) hours x One (1) day = 2 hours D. Construction Observation – On-site Improvements This work consists of full-time observation of contractor work activities, field measurements, documentation via Inspectors Daily Reports, generation of contractor pay estimates and potential change orders, any other overall project management requirements to ensure general conformance with the approved Engineering Plans and Specifications. Construction Engineer I: Eight (8) hours x Thirty-five (35) days = 280 hours E. Project Close-out and Punchlist This work will consist of agreeing to all pay item quantities with the contractor, obtaining all material certification, development of “as-built” record drawings, developing and coordinating the completion of any punchlist, development of final change orders and pay estimate, and obtaining IDOT acceptance of work complete. Construction Engineer I: Eight (8) hour x six (6) days = 48 hours F. Resident Engineer Administration The work will consist of Construction Management personnel providing guidance and consultation to the field staff as needed. It is anticipated that one (1) site visit per week will be made by the Sr. Project Manager to ensure the project is being administered properly and staff is equipped appropriately to ensure that observation Professional Services Agreement CRB Wrigley Expansion Project – IL 47 Improvements (Construction Observation Services) HRG Project 88140093.03 November 20, 2014 Page 3 of 10 and documentation is being performed in compliance with IDOT standard procedures. Time is also included for invoicing and managing project budget. Sr. Construction Project Manager: One (1) hour x Seven (7) weeks = 7 hours Accounting Clerk II: Two (2) hours x Four (4) Invoices = 8 hours 3.0 Deliverables and Schedules Included in this Agreement The schedule for construction observation will be in accordance with the contractor’s work schedule. Final Project records will be organized, boxed, and indexed for submission to the CLIENT. A set of final plans depicting as-built conditions will be provided to the CLIENT. 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this agreement: A. Off-Site Material Inspection B. Construction Layout of Contractor Work C. Final Record Drawing (As-Built) Development Supplemental services not included in the agreement can be provided by COMPANY under separate agreement, if desired. 5.0 Services by Others Quality Assurance Material Testing services for on-site concrete and bituminous construction will be performed by Rubino Engineering, Inc. 6.0 Client Responsibilities The CLIENT will provide final approval of Pay Estimates and Change Orders. 7.0 Professional Services Fee 7.1 Fees The fee for services will be based on COMPANY standard hourly rates current at the time the agreement is signed. These standard hourly rates are subject to change upon 30 days’ written notice. Non salary expenses directly attributable to the project such as: (1) living and traveling expenses of employees when away from the home office on business connected with the project; (2) identifiable communication expenses; (3) identifiable reproduction costs applicable to the work; and (4) outside services will be charged in accordance with the rates current at the time the work is done. 7.2 Invoices Invoices for COMPANY’s services shall be submitted, on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 15 days, COMPANY may, without waiving any claim or right against the CLIENT, and without liability Professional Services Agreement CRB Wrigley Expansion Project – IL 47 Improvements (Construction Observation Services) HRG Project 88140093.03 November 20, 2014 Page 4 of 10 whatsoever to the CLIENT, suspend or terminate the performance of services. The retainer shall be credited on the final invoice. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event any portion of an account remains unpaid 60 days after the billing, COMPANY may institute collection action and the CLIENT shall pay all costs of collection, including reasonable attorney’s fees. 7.3 Extra Work Any work required but not included as part of this contract shall be considered extra work. Extra work will be billed on a Time and Material basis with prior approval of the CLIENT. 7.4 Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These work items are considered extra and are billed separately on an hourly basis. 7.5 Payment The CLIENT AGREES to pay COMPANY on the following basis: Time and material basis with a Not to Exceed fee of $46,719.25. ITEM MAN-HOURS LABOR COST DIRECT COST (1) SUB CONSULTING Start-up and Review 16 $1,840.00 Construction Layout Verification 8 $1,040.00 Preconstruction Meeting 6 $1,100.00 Construction Observation (2) 280 $32,200.00 $89.25 Material Testing: Sub-Consultant (budgetary #) $3,000.00 Project Close-out and Punchlist 48 $5,520.00 RE Administration 15 $1,930.00 Subtotals: 373 $43,630.00 $89.25 $3,000.00 Contract Total: $46,719.25 (1) Direct Costs (Mileage) = 35 Round Trips x 3.0 Miles/RT x $0.85/Mile = $89.25 (2) Construction Observation Services are based on Estimated 35 Working Days (3) No allowance was included for hours worked in excess of 8 Hours/Day Professional Services Agreement CRB Wrigley Expansion Project – IL 47 Improvements (Construction Observation Services) HRG Project 88140093.03 November 20, 2014 Page 5 of 10 8.0 Terms and Conditions The following Terms and Conditions are incorporated into this AGREEMENT and made a part of it. 8.1 Standard of Care Services provided by COMPANY under this AGREEMENT will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. 8.2 Entire Agreement This Agreement, and its attachments, constitutes the entire understanding between CLIENT and COMPANY relating to professional engineering services. Any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this Agreement shall be in writing and signed by the parties to this Agreement. If the CLIENT, its officers, agents, or employees request COMPANY to perform extra work or services pursuant to this Agreement, CLIENT will pay for the additional services even though an additional written Agreement is not issued or signed. 8.3 Time Limit and Commencement of Work This AGREEMENT must be executed within ninety (90) days to be accepted under the terms set forth herein. The work will be commenced immediately upon receipt of this signed Agreement. 8.4 Suspension of Services If the Project or the COMPANY’S services are suspended by the CLIENT for more than thirty (30) calendar days, consecutive or in the aggregate, over the term of this Agreement, the COMPANY shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the CLIENT shall compensate the COMPANY for expenses incurred as a result of the suspension and resumption of its services, and the COMPANY’S schedule and fees for the remainder of the Project shall be equitably adjusted. If the COMPANY’S services are suspended for more than ninety (90) days, consecutive or in the aggregate, the COMPANY may terminate this Agreement upon giving not less than five (5) calendar days' written notice to the CLIENT. If the CLIENT is in breach of this Agreement, the COMPANY may suspend performance of services upon five (5) calendar days' notice to the CLIENT. The COMPANY shall have no liability to the CLIENT, and the CLIENT agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by the CLIENT. Upon receipt of payment in full of all outstanding sums due from the CLIENT, or curing of such other breach which caused the COMPANY to suspend services, the COMPANY shall resume services and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension. 8.5 Book of Account COMPANY will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental expenses for a period of five (5) years. Said books and accounts will be available at all reasonable times for examination by CLIENT at the corporate office of COMPANY during that time. 8.6 Insurance COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General Liability and Automobile claims for bodily injury, death, or property damage arising from the negligent performance by COMPANY's employees of the functions and services required under this Agreement. 8.7 Termination or Abandonment Either party has the option to terminate this Agreement. In the event of failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, then the obligation to provide further services under this Agreement may be terminated upon seven days written notice. If any portion of the work is terminated or abandoned by CLIENT, the provisions of this Schedule of Fees and Conditions in regard to compensation and payment shall apply insofar as possible to that portion of the work not terminated or Professional Services Agreement CRB Wrigley Expansion Project – IL 47 Improvements (Construction Observation Services) HRG Project 88140093.03 November 20, 2014 Page 6 of 10 abandoned. If said termination occurs prior to completion of any phase of the project, the fee for services performed during such phase shall be based on COMPANY's reasonable estimate of the portion of such phase completed prior to said termination, plus a reasonable amount to reimburse COMPANY for termination costs. 8.8 Waiver COMPANY's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. 8.9 Severability If any provision of this Agreement is declared invalid, illegal, or incapable of being enforced by any Court of competent jurisdiction, all of the remaining provisions of this Agreement shall nevertheless continue in full force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein. 8.10 Successors and Assigns All of the terms, conditions, and provisions hereof shall inure to the benefit of and be binding upon the parties hereto, and their respective successors and assigns, provided, however, that no assignment of this Agreement shall be made without written consent of the parties to this Agreement. 8.11 Third-Party Beneficiaries Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the COMPANY. The COMPANY’s services under this Agreement are being performed solely for the CLIENT’s benefit, and no other party or entity shall have any claim against the COMPANY because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in this project to carry out the intent of this provision. 8.12 Governing Law and Jurisdiction The CLIENT and the COMPANY agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of Illinois without regard to any conflict of laws provisions, which may apply the laws of other jurisdictions. It is further agreed that any legal action between the CLIENT and the COMPANY arising out of this Agreement or the performance of the services shall be brought in a court of competent jurisdiction in the State of Illinois. 8.13 Dispute Resolution Mediation. In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and COMPANY agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non-binding mediation unless the parties mutually agree otherwise. The CLIENT and COMPANY further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub-consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. Arbitration. In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of the services under this Agreement, involving an amount of less than $50,000, in Mediation, then such disputes shall be settled by binding arbitration by an arbitrator to be mutually agreed upon by the parties, and shall proceed in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. If the parties cannot agree on a single arbitrator, then the arbitrator(s) shall be selected in accordance with the above-referenced rules. 8.14 Attorney’s Fees If litigation arises for purposes of collecting fees or expenses due under this Agreement, the Court in such litigation shall award reasonable costs and expenses, including attorney fees, to the party justly entitled Professional Services Agreement CRB Wrigley Expansion Project – IL 47 Improvements (Construction Observation Services) HRG Project 88140093.03 November 20, 2014 Page 7 of 10 thereto. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. 8.15 Ownership of Instruments of Service All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY. COMPANY shall retain these records for a period of five (5) years following completion/submission of the records, during which period they will be made available to the CLIENT at all reasonable times. 8.16 Reuse of Documents All project documents including, but not limited to, plans and specifications furnished by COMPANY under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorney's fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the COMPANY, and the COMPANY makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT’s use or reuse of the electronic files. 8.17 Failure to Abide by Design Documents or To Obtain Guidance The CLIENT agrees that it would be unfair to hold COMPANY liable for problems that might occur should COMPANY’S plans, specifications or design intents not be followed, or for problems resulting from others' failure to obtain and/or follow COMPANY’S guidance with respect to any errors, omissions, inconsistencies, ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing COMPANY’S plans, specifications or other instruments of service. Accordingly, the CLIENT waives any claim against COMPANY, and agrees to defend, indemnify and hold COMPANY harmless from any claim for injury or losses that results from failure to follow COMPANY’S plans, specifications or design intent, or for failure to obtain and/or follow COMPANY’S guidance with respect to any alleged errors, omissions, inconsistencies, ambiguities or conflicts contained within or arising as a result of implementing COMPANY’S plans, specifications or other instruments of services. The CLIENT also agrees to compensate COMPANY for any time spent and expenses incurred remedying CLIENT’s failures according to COMPANY’S prevailing fee schedule and expense reimbursement policy. 8.18 Opinion of Probable Construction Cost COMPANY shall submit to the CLIENT an opinion of probable cost required to construct work recommended, designed, or specified by COMPANY, if required by CLIENT. COMPANY is not a construction cost estimator or construction contractor, nor should COMPANY’S rendering an opinion of probable construction costs be considered equivalent to the nature and extent of service a construction cost estimator or construction contractor would provide. This requires COMPANY to make a number of assumptions as to actual conditions that will be encountered on site; the specific decisions of other design professionals engaged; the means and methods of construction the contractor will employ; the cost and extent of labor, equipment and materials the contractor will employ; contractor's techniques in determining prices and market conditions at the time, and other factors over which COMPANY has no control. Given the assumptions which must be made, COMPANY cannot guarantee the accuracy of his or her opinions of cost, and in recognition of that fact, the CLIENT waives any claim against COMPANY relative to the accuracy of COMPANY’S opinion of probable construction cost. 8.19 Design Information in Electronic Form Because electronic file information can be easily altered, corrupted, or modified by other parties, either intentionally or inadvertently, without notice or indication, COMPANY reserves the right to remove itself from its ownership and/or involvement in the material from each electronic medium not held in its possession. CLIENT shall retain copies of the work performed by COMPANY in electronic form only for information and use by CLIENT for the specific purpose for which COMPANY was engaged. Said material shall not be used by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by COMPANY without COMPANY’s expressed written Professional Services Agreement CRB Wrigley Expansion Project – IL 47 Improvements (Construction Observation Services) HRG Project 88140093.03 November 20, 2014 Page 8 of 10 permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT’S sole risk. Furthermore, the CLIENT agrees to defend, indemnify, and hold COMPANY harmless from all claims, injuries, damages, losses, expenses, and attorney's fees arising out of the modification or reuse of these materials. The CLIENT recognizes that designs, plans, and data stored on electronic media including, but not limited to computer disk, magnetic tape, or files transferred via email, may be subject to undetectable alteration and/or uncontrollable deterioration. The CLIENT, therefore, agrees that COMPANY shall not be liable for the completeness or accuracy of any materials provided on electronic media after a 30 day inspection period, during which time COMPANY shall correct any errors detected by the CLIENT to complete the design in accordance with the intent of the contract and specifications. After 40 days, at the request of the CLIENT, COMPANY shall submit a final set of sealed drawings, and any additional services to be performed by COMPANY relative to the submitted electronic materials shall be subject to separate AGREEMENT. The CLIENT is aware that differences may exist between the electronic files delivered and the printed hard-copy construction documents. In the event of a conflict between the signed construction documents prepared by the COMPANY and electronic files, the signed or sealed hard-copy construction documents shall govern. 8.20 Information Provided by Others The CLIENT shall furnish, at the CLIENT’s expense, all information, requirements, reports, data, surveys and instructions required by this AGREEMENT. The COMPANY may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. The COMPANY shall not be held responsible for any errors or omissions that may arise as a result of erroneous or incomplete information provided by the CLIENT and/or the CLIENT’s consultants and contractors. COMPANY is not responsible for accuracy of any plans, surveys or information of any type including electronic media prepared by any other consultants, etc. provided to COMPANY for use in preparation of plans. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the COMPANY from any damages, liabilities, or costs, including reasonable attorneys’ fees and defense costs, arising out of or connected in any way with the services performed by other consultants engaged by the CLIENT. COMPANY is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this contract unless indicated in the Scope of Work. 8.21 Force Majeure The CLIENT agrees that the COMPANY is not responsible for damages arising directly or indirectly from any delays for causes beyond the COMPANY's control. CLIENT agrees to defend, indemnify, and hold COMPANY, its consultants, agents, and employees harmless from any and all liability, other than that caused by the negligent acts, errors, or omissions of COMPANY, arising out of or resulting from the same. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters or acts of God; fires, riots, war or other emergencies; failure of any government agency to act in timely manner; failure of performance by the CLIENT or the CLIENT’S contractors or consultants; or discovery of any hazardous substances or differing site conditions. Severe weather disruptions include but are not limited to extensive rain, high winds, snow greater than two (2) inches and ice. In addition, if the delays resulting from any such causes increase the cost or time required by the COMPANY to perform its services in an orderly and efficient manner, the COMPANY shall be entitled to a reasonable adjustment in schedule and compensation. 8.22 Job Site Visits and Safety Neither the professional activities of COMPANY, nor the presence of COMPANY’S employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. COMPANY and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's AGREEMENT with the General Contractor. Professional Services Agreement CRB Wrigley Expansion Project – IL 47 Improvements (Construction Observation Services) HRG Project 88140093.03 November 20, 2014 Page 9 of 10 The CLIENT also agrees that the CLIENT, COMPANY and COMPANY’S consultants shall be indemnified and shall be made additional insured’s on the General Contractor’s and all subcontractor’s general liability policies on a primary and non-contributory basis. 8.23 Hazardous Materials CLIENT hereby understands and agrees that COMPANY has not created nor contributed to the creation or existence of any or all types of hazardous or toxic wastes, materials, chemical compounds, or substances, or any other type of environmental hazard or pollution, whether latent or patent, at CLIENT's premises, or in connection with or related to this project with respect to which COMPANY has been retained to provide professional engineering services. The compensation to be paid COMPANY for said professional engineering services is in no way commensurate with, and has not been calculated with reference to, the potential risk of injury or loss which may be caused by the exposure of persons or property to such substances or conditions. Therefore, to the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold COMPANY, its officers, directors, employees, and consultants, harmless from and against any and all claims, damages, and expenses, whether direct, indirect, or consequential, including, but not limited to, attorney fees and Court costs, arising out of, or resulting from the discharge, escape, release, or saturation of smoke, vapors, soot, fumes, acid, alkalis, toxic chemicals, liquids gases, or any other materials, irritants, contaminants, or pollutants in or into the atmosphere, or on, onto, upon, in, or into the surface or subsurface of soil, water, or watercourses, objects, or any tangible or intangible matter, whether sudden or not. It is acknowledged by both parties that COMPANY’S scope of services does not include any services related to asbestos or hazardous or toxic materials. In the event COMPANY or any other party encounters asbestos or hazardous or toxic materials at the job site, or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of COMPANY’S services, COMPANY may, at its option and without liability for consequential or any other damages, suspend performance of services on the project until the CLIENT retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or remove the asbestos or hazardous or toxic materials, and warrants that the job site is in full compliance with applicable laws and regulations. Nothing contained within this Agreement shall be construed or interpreted as requiring COMPANY to assume the status of a generator, storer, transporter, treater, or disposal facility as those terms appear within the Resource Conservation and Recovery Act, 42 U.S.C.A., §6901 et seq., as amended, or within any State statute governing the generation, treatment, storage, and disposal of waste. 8.24 Certificate of Merit The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against COMPANY unless the CLIENT has first provided COMPANY with a written certification executed by an independent design professional currently practicing in the same discipline as COMPANY and licensed in the State in which the claim arises. This certification shall: a) contain the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a Design Professional performing professional services under similar circumstances; and c) state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to COMPANY not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any judicial proceeding. 8.25 Limitation of Liability The CLIENT agrees, to the fullest extent permitted by law, to limit the liability of COMPANY and COMPANY’s officers, directors, partners, employees, shareholders, owners and subconsultants to the CLIENT for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of COMPANY and its officers, directors, partners, employees, shareholders, owners and subconsultants to all those named shall not exceed COMPANY’S total fee received for services rendered on this project or $50,000.00, whichever is less. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. Professional Services Agreement CRB Wrigley Expansion Project – IL 47 Improvements (Construction Observation Services) HRG Project 88140093.03 November 20, 2014 Page 10 of 10 This AGREEMENT is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the AGREEMENT. Work cannot begin until COMPANY receives a signed agreement. The effective date of the AGREEMENT shall be the last date entered below. Sincerely, HR GREEN, INC. David W. Schultz, P.E. Approved by: Printed/Typed Name: Peter J. Huinker, P.E. Title: Director of Land Development Date: 11/20/14 United City of Yorkville Accepted by: Printed/Typed Name: Title: Date: \\HRGYVNAS\Data\88140093\88140093.03\Construction\Contract\agt-Wrigley_IL-47_Intersection-Improvements-(Phase-III)- rev11202014.docx Printed 12/11/2014 Page 1 of 3 BLR 05320 (Rev. 01/01/14) Local Agency City of Yorkville Job Number - Construction C-93-124-14 Section 14-00046-00-TL Economic Development Program Agreement Job Number - Engineering P-93-023-14 This Agreement is made and entered into between the above local agency hereinafter referred to as “LA”, and the State of Illinois, acting by and through its Department of Transportation, hereinafter referred to as “STATE”. The STATE and LA jointly propose to improve the designated location as shown below. Location Local Name IL RT 47 intersection with Manufacturing Access Drives Route FAP 326 Length 0.01 miles Termini Intersection of RT 47 and Manufacturing Access Drives Current Jurisdiction City of Yorkville Project Description Project consists of roadway milling, paving and striping improvements for the inclusion of a signalized intersection at the existing stop controlled manufacturing access drives. Division of Cost Type of Work EDP (1) (%) LA (2) (%) Total Participating Construction 602,986 (100) (Bal) 602,986 Non-Participating Construction ( ) ( ) 0 Preliminary Engineering 52,076 (100) (Bal) 52,076 Construction Engineering 52,076 (100) (Bal) 52,076 ( ) ( ) 0 ( ) ( ) 0 ( ) ( ) 0 TOTAL $707,138 $ 0 $707,138 Note 1/ The STATE will reimburse the LA for eligible construction and engineering costs of the project subject to a maximum of $707,138. 2/ Any remaining balance shall be the responsibility of the LA in the event the Economic Development funds are not sufficient to cover the project costs. The STATE will pay the LA, 95% of its share of the construction costs upon the award of the construction contract and receipt of billing from the LA. The remaining 5% will be paid to the LA upon receipt of the final invoice. The STATE will reimburse the LA for the STATE’s share of the Preliminary and Construction Engineering on the basis of periodic billings provided said billings contain sufficient cost information and include orders of payment by the LA. The final invoice will reflect the incurred cost of the improvement, less previous payments, no later than one year from the date of completion of the improvement. If a final invoice is not received within one year of completion of the improvement the most recent invoice will be considered the final invoice and the obligation of funds will be closed. Printed 12/11/2014 Page 2 of 3 BLR 05320 (Rev. 01/01/14) Agreement Provisions 1. It is mutually agreed that the PROJECT will be processed, let and constructed in accordance with Motor Fuel Tax standards, policies and procedures. 2. Construction of the PROJECT will utilize domestic steel as required by Section 106.01 of the current edition of the Standard Specifications for Road and Bridge Construction. 3. The LA will certify to the STATE that all necessary right-of-way, temporary and permanent easements, and temporary use permits have been obtained or are not required, prior to the LA advertising for bids for the PROJECT. 4. The PROJECT will be let and awarded by the LA upon approval of the plans and specifications by the STATE. 5. The LA agrees to retain jurisdiction and to maintain or cause to be maintained in a manner satisfactory to the STATE, the completed PROJECT. 6. Upon approval of the final plans and specifications by the STATE and the LA, the LA agrees to accept bids and award the contract for construction of the proposed improvements after receipt of a satisfactory bid and after concurrence in the award has been received from the STATE and provide, or cause to be provided, all of the initial funding necessary to complete the project subject to partial reimbursement by the STATE. 7. This Agreement and the covenants contained herein shall be null and void in the event the initial contract covering the construction work contemplated herein is not awarded by June 30, 2017. 8. The LA shall maintain, for a minimum of 3 years after the completion of the project, adequate books, records, and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with this Agreement. All books, records, and supporting documents related to the project shall be available for review and audit by the Auditor General and the Department. The LA agrees to cooperate fully with any audit conducted by the Auditor General and the Department and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract of which adequate books, records, and supporting documentation are not available to support their purported disbursement. 9. Obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly fails to appropriate or otherwise make available funds for the work contemplated herein. 10. All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.) unless the provisions of that Act exempt its application. 11. The LA has entered into an economic development agreement with Wrigley Manufacturing Company herein referred to as the “COMPANY”. As required by Public Act 93-552, the COMPANY agrees to annually submit to the STATE for a period of five complete calendar years from the execution of this Agreement, a progress report of employment. All annual progress reports will be completed on-line through the Department of Commerce and Economic Opportunity. The initial Employee Reporting Form should be attached as "Exhibit B". The agreement between the LA and the COMPANY delineating the reporting requirements is attached as "Exhibit C". 12 It is mutually agreed that in the event of a default by the COMPANY on their commitment to create and/or retain jobs, the STATE will seek reimbursement of the Economic Development funds provided for this PROJECT from the LA. This determination to seek reimbursement will be based on an evaluation of the information reported in the annual progress report of employment (Exhibit “B”) required in item 12 of this Agreement. Failure to submit the required employment report will be considered default on the COMPANY’s commitment. 13 This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. Local Agency City of Yorkville Section 14-00046-00-TL Printed 12/11/2014 Page 3 of 3 BLR 05320 (Rev. 01/01/14) EXHIBITS Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement. Exhibit A - Location Map Exhibit B – Employee Reporting Form Exhibit C - Local Agency/Company Agreement The LA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement and all exhibits indicated above. APPROVED APPROVED Local Agency State of Illinois Department of Transportation Name of Official (Print or Type Name) Ann L. Schneider, Secretary of Transportation Date By: Title (County Board Chairperson/Mayor/Village President/etc.)Aaron A.Weatherholt, Deputy Director of Highways Date Omer Osman, Director of Highways/Chief Engineer Date (Signature) Date The above signature certifies the agency’s TIN number is Michael A. Forti, Chief Counsel Date conducting business as a Governmental Entity. NOTE: If signature is by an APPOINTED official, a resolution Tony Small, Director of Finance and Administration Date authorizing said appointed official to execute this agreement is required. Local Agency Section 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 OB #1 Tracking Number PW 2014-74 Quiet Zone Initiative PW Committee – December 16, 2014 None Discussion Brad Sanderson Engineering Name Department Per your request we have provided additional investigation into the possibility of creating Quiet Zones at the IL Railway, Inc. (IR/Illinois Railnet) crossings and Burlington Northern Santa Fe Railway Company (BNSF) crossings. Please refer to the original memorandum for additional information. A summary of the follow-up items requested at the October 21, 2014 meeting are as follows: IR/Ilinois Railnet Grant Funds: Most of the crossings in this corridor do not have gates, nor do they all have the proper train detection (Constant Warning Time), which is required to create a Quiet Zone. 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. Funding for the upgrades is available through the Illinois Grade Crossing Protection Fund (GCPF). If the project is selected, an 85% to 95% contribution (through reimbursement) is available to install automatic flashing light signals and gates at an existing public crossing currently not equipped with automatic warning devices. There is also an incentive payment available to local agencies for the voluntary closure of public highway-rail grade crossings. Voluntary closing of crossings can generate $50,000- 70,000 per crossings based on roadways Average Annual Daily Traffic (AADT). The City can apply for funding by filling out the form on the ICC website and submitting it to the ICC. The railroad crossings are graded on the relative safety of the existing crossing, the volume and types of existing train, the existing AADT and the geographic region of the crossing. From preliminary discussions with the ICC, voluntary closure of roadways in the corridor would be favorable for the application. Crossing closures are also some of the least expensive methods for Quiet Zone implementation and lowering the Quiet Zone Risk Index (QZRI). There appear to be 10 public crossings in this corridor that will need to be either upgraded or closed. The cost implications to the City will depend on a number of variables including which crossings could be closed, the required costs of each crossing to bring them into compliance, and the contribution determined by the ICC if the project is selected. Closures are beneficial to the application process, plus the incentive dollars would provide an offset to the City’s share of the automatic flashing light costs. It would 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: December 10, 2014 Subject: Quiet Zone Planning appear that closing multiple crossings would provide a substantial cost savings to the City. The engineering study would need to begin in order to assess the feasibility of the Quiet Zone and determine what combination of closures/upgrades would result in an acceptable local share cost to the City. Applications for the GCPF are accepted at any time. In order to be considered for the FY16-FY20 program, an application must be submitted before January 15th, 2015. BNSF Study Engineering Costs: The approximate cost for the full BNSF Engineering Study is $20,000. A full detailed scope and level of effort would be prepared to confirm the study cost and will be provided to the City for review. Typically the proposed method of payment is split between three phases. If at any point in time the City elects to not move forward with the Quiet Zone, or if the Quiet Zone does not qualify, only the completed phases will be billed. The cost of the study only covers the costs associated with implementing the Quiet Zone. This study does not include the preparation of any construction documents or design engineering, as the scope of the potential improvements is currently unknown. Report/Document Timeline: At this time there are no set timelines of when documents expire, but that could change with a change in the law. Here are some items to consider if a Quiet Zone study moves forward. In the process, a Diagnostic Meeting is held to review each crossing and determine the appropriate safety measures. After the Diagnostic Meeting is held, the Notice of Intent (NOI) is submitted to those parties that attended the Diagnostic Meeting and other parties as stipulated by law. If there is too much time between the Diagnostic Meeting and the NOI, the site conditions could change which would require a new Diagnostic Meeting. Also, assumptions about traffic volumes will be made during the preliminary investigation stage of the project. These assumptions will be used to assess the feasibility of the Quiet Zone and determine the appropriate safety measures. When the NOI is submitted, current traffic volumes need to be provided within the last year (six months preferred). If too much time has passed, and the traffic volumes have increased beyond the original assumptions, additional safety measures and an additional Diagnostic Meeting may be needed. Finally, depending on the scope of the improvements the City may be required to submit the intended improvements to the FRA for official approval after the NOI. If an FRA application is prepared, a portion of the application is a commitment to implement the proposed safety measures by a certain timeframe. If you have any questions or require additional information, please let us know. 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. !!! ! ! ! ! ! ! !!! ! Illinois Railway RR F o x R i v e r Bridge Main Mill Popl ar Spring Van EmmonPark S o m o n a u k Center Benjamin Orange State M a p l e Schoolhouse DeerTeri King For d Wa l s h Liberty K e l l y Heustis Washington McHugh Bruell B eaver Morgan Church Adrian G a r d e n C o l o n i al Madison Barberry Colton White Oak Blaine F o x b o r o Wacker Freemont Wi nd h a m E li z abet h N or w a y Badger Adams J a me s t o wn Gawne Red hor s e Wi ndsor Ridge IlliniOlsen West WalterBristol Fox Glen Birch Woodworth Dolph Worsley R i v e r B i r c h Hydraulic Woodland Fir Sanders OakwoodTower DydynaBehrens S t o n y C r e e k Spruce Wooden Bridge Cedar Cor al ber r y BellJohnson BatorTomasik Beecher Rodak A a r o n B u c k t h o r n Jefferson T y l e r C r e e kS h a r o n Buhrmaster Spicebush Mansf i el d Hydraulic Schoolhouse M a p l e F o x State Main Morgan Main Main Ridge Dolph En g i n e e r i n g E n t e r p r i s e s , I n c . 52 W h e e l e r R o a d Su g a r G r o v e , I l l i n o i s 6 0 5 5 4 (6 3 0 ) 4 6 6 - 6 7 0 0 / w w w . e e i w e b . c o n LOCATION MAP ILLINOIS RAILNET DA T E : OC T O B E R 2 0 1 4 Un i t e d C i t y o f Y o r k v i l l e 80 0 G a m e F a r m R o a d Yo r k v i l l e , I L 6 0 5 6 0 (6 3 0 ) 5 5 3 - 4 3 5 0 ht t p : / / w w w . y o r k v i l l e . i l . u s QUIET ZONE INITIATIVE UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS CO N S U L T I N G E N G I N E E R S NO . D A T E R E V I S I O N S PR O J E C T N O . : YO 1 4 3 9 PA T H : H: / G I S / P U B L I C / Y O R K V I L L E / 2 0 1 4 / YO 1 4 3 9 _ L O C A T I O N 1 . M X D FI L E : hhhää NORTH08001,600 Feet HO O V E R F O R E S T PR E S E R V E - P R I V A T E PO P L A R D R I V E RI V E R B I R C H L A N E EAST HYDRAULIC AVE. MO R G A N S T R E E T AD A M S S T R E E T ST A T E S T R E E T MA I N S T R E E T HE U S T I S S T R E E T MI L L S T R E E T IL 4 7 ( B R I D G E S T R E E T ) AL L E Y ( W E S T O F I L 4 7 ) AL L E Y ( E A S T O F I L 4 7 ) ! ! !BNSF RRMill Galena Orchard Kennedy Cannonball Gr a n d eTuscany Rickard Bri st ol Ridge Foster US Route 34Berrywood Co r n e il s Alden McLellan Dickson MatlockLewis Ridge Jeter West Willow Old Glor y Justice Bailey Holly Ro od Plum Hunt Cryder Highland O a k Pecos SeeleyMill Brook Bi g Bend Edythe CharlesStationPine Ridge Cross Anna Maria North CranstonLehman Royal Oaks Grape Vine River Wood Grove South Ellsworth Hunter Park Bissel Brady Constitution Henning Hobbs Division F r e e d o m Preston Brookside Larkspur Main B e r e s f o r d Concord RehbehnMeadowwood Indian Cliffs Rosenwinkel Crooker BristolShoegerAllegiance Sil ver Cit y DavidSheridanStorybook Division LewisPreston En g i n e e r i n g E n t e r p r i s e s , I n c . 52 W h e e l e r R o a d Su g a r G r o v e , I l l i n o i s 6 0 5 5 4 (6 3 0 ) 4 6 6 - 6 7 0 0 / w w w . e e i w e b . c o n LOCATION MAP BNSF RAILROAD DA T E : OC T O B E R 2 0 1 4 Un i t e d C i t y o f Y o r k v i l l e 80 0 G a m e F a r m R o a d Yo r k v i l l e , I L 6 0 5 6 0 (6 3 0 ) 5 5 3 - 4 3 5 0 ht t p : / / w w w . y o r k v i l l e . i l . u s QUIET ZONE INITIATIVE UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS CO N S U L T I N G E N G I N E E R S NO . D A T E R E V I S I O N S PR O J E C T N O . : YO 1 4 3 9 PA T H : H: / G I S / P U B L I C / Y O R K V I L L E / 2 0 1 4 / YO 1 4 3 9 _ L O C A T I O N 2 . M X D FI L E : hhhää NORTH01,0002,000 Feet CA N N O N B A L L T R A I L KE N N E D Y R O A D 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 OB #2 Tracking Number PW 2014-81 Parking restriction on Autumn Creek Boulevard Public Works – December 16, 2014 N/A Majority Approval See attached memo. Bart Olson Administration Name Department Summary Consideration of an ordinance restricting parking on the south/west side of Autumn Creek Boulevard between Kennedy Road and Route 34. Background This item was last discussed by the City Council at the October 28 meeting. At that meeting, the City Council directed City staff to send letters to residents adjacent to the proposed parking restriction, inviting them to a future Public Works Committee meeting. A sample letter is attached. Staff has received one in-person visit from a resident prior to the meeting. That resident expressed some concerns about the restriction on the north end of the proposed area. He was concerned about being able to park his multiple vehicles in his driveway and garage. Residents may be in attendance at the meeting to provide feedback in person. Recommendation Staff recommends approval of the ordinance. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: December 11, 2014 Subject: Parking Restrictions on Autumn Creek Boulevard November 24, 2014 Resident Yorkville, IL 60560 Dear Resident, The City of Yorkville is currently proposing a parking restriction on the south/west side of Autumn Creek Boulevard between Kennedy Road and Route 34. This restriction would eliminate on street parking on the south/west side of the mentioned road at all times, every day. Individuals would still be permitted to park on the north/east side of the street. This parking restriction is being proposed in response to the few complaints received about double sided-parking on Autumn Creek Boulevard near the school. These complaints have originated on Facebook and emails 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 the staff analysis, the City Council thinks 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. As a resident you have a right to speak on this matter prior to its implementation. This item will be discussed at the upcoming Public Works Committee meeting which will occur on December 16 at 6 p.m. in the City Hall conference room. You also can contact your elected officials or City staff at any time to voice your concerns, comments, or questions. You can contact City Hall Monday through Friday between 8:00 a.m. and 4:30 p.m. at (630)553-4350, or by sending an email to bolson@yorkville.il.us. Sincerely, Mayor Gary J. Golinski United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us Ordinance No. 2015-____ Page 1 Ordinance No. 2015-____ AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS REGULATING ON-STREET PARKING NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Title 6, Chapter 2, Section 2, of the United City of Yorkville Code of Ordinances is hereby amended by deleting the following: 6-2-2: PARKING PROHIBITED ON DESIGNATED STREETS: AUTUMN CREEK BOULEVARD A “no parking” zone shall be created on the south/west side of Autumn Creek Boulevard from Prairie Grass Lane to Crimson Lane, to be effective Monday through Friday, between the hours of five o’clock (5:00) P.M. until eight o’clock (8:00) P.M. during the months of April, May, June, and July. Section 2. Title 6, Chapter 2, Section 2, of the United City of Yorkville Code of Ordinances is hereby amended by adding the following: AUTUMN CREEK BOULEVARD A “no parking” zone shall be created on the south/west side of Autumn Creek Boulevard from Kennedy Road to Route 34. Section 3. If any Section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 4. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this ___ day of _______________, 2015. ____________________________________ CITY CLERK Ordinance No. 2015-____ Page 2 CARLO COLOSIMO ________ KEN KOCH ________ JACKIE MILSCHEWSKI ________ LARRY KOT ________ CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________ ROSE ANN SPEARS ________ DIANE TEELING ________ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this ___ day of _______________, 2015. ____________________________________ MAYOR 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