Public Works Minutes 2001 06-18-01 A
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UNITED CITY OF YORKVILLE
PUBLIC WORKS COMMITTEE MEETING
MONDAY,JUNE 18,2001
6:30 P.M.
In Attendance: Larry Kot Joe Wyrot J.T.Johnson
Guests: Mike Grommes Nannette Grommes Mike Eurkaitis
Sam DiGangi
WHOLESALE TIRE EASEMENT
Mike and Nannette Grommes attended the meeting to discuss the city's obtaining a 20-foot
easement on their property. The easement is for the extension of the water main to the property
north of their business,Wholesale Tire. The Grommes'addressed several items about the
easement in a letter dated June 18,2001 sent to City Engineer,Joe Wyrot. Mr.Wyrot went over
the letter for those present.
I. The Grommes feel that the curbing on the west end of Pizza Express needs to be
removed or ramped over so that vehicles can access their business through the
bowling alley parking lot.
2. They asked that while their business entrance is blocked for construction, signs
would be placed pointing traffic through the bowling alley parking.
3. They expressed their concern about drainage from rainfalls and asked that something
be done to prevent water flowing onto their property.
4. They asked for compensation to help reimburse them for their inconvenience and
possible loss of revenue.
Mr. Wyrot discussed with the Grommeses that if the easement were not obtained Walgreens
would be forced to tie into the main,turn the line and go into IDOT's right-of-way. IDOT said
they would allow this but Walgreen's would probably have to put the water main down their
frontage driveway. This would be at an additional cost. Mr.Wyrot came up with a rough
estimate of around$1000.00 for this. He thought originally Walgreens would foot the bill for the
water main but in further thinking feels that the city will be responsible.
Alderman Larry Kot asked Mr. Wyrot what his recommendation would be for Walgreens to hook
into the water main. Mr. Wyrot felt that the best way would be a straight line hook up to avoid
problems with the bend fitting and minor loss of water pressure.
Mr. Wyrot said that looking at the four points brought up in the letter,the third one concerning
drainage was,in his opinion,the easiest to address. He said this had been addressed already in a
different manner than purposed by the Grommeses. He stated that a grass swale would be used
for drainage instead of a paved area This matter would be resolved whether or not the city
proceeded with obtaining the easement. Alderman Kot asked if the swale would be done in house
through public works and Mr.Wyrot stated that it was Walgreen's responsibilities and they
would foot the bill. He also felt that Item#2 regarding the signage was not a big issue either.
Regarding Item#1,the curbing could be ramped over with cold patch.
Mr. Grommes said that the curb was on private property and questioned if the owner would give
the city access to do this. Mr. Wyrot did not know if the city would get permission. He felt that
it might be an issue with the bowling alley owner but not with the city. Mr. Grommes stated that
if his property were cut down in front with the easement under construction,there would be no
access to his business for that period of time.
: - 2
s
Alderman Kot wanted to clarify if this would be a permanent access road. Mr. Wyrot explained
that the asphalt ramp would be installed during construction because the bowling alley owners
probably would not want this to be permanent because it might encourage more traffic through
their parking lot. He stated that the city would approach the bowling alley owners about the
ramp.
Mr. Grommes said he had no problem with the easement as long as he and his customers would
have access to his business. If the bowling alley owners say no to the ramp,he would have to say
no to the easement.
Mr. Wyrot stated that even if the city does not go through with the easement,the city would
encourage the work to the main be done in the businesses off-hours. Alderman Kot asked how
long the work would take and Mr. Wyrot explained that to put in a water main the driveway
would be blocked for a few hours. Later on, it would be blocked again for a few hours to patch
the hole. Alderman Kot stated that the first thing that should be looked into would be the
temporary access to Wholesale Tire.
Mr. Wyrot stated that the last item regarding the cash consideration would depend if it would be
worth it to obtain the easement. He stated that the water main could be put out in the IDOT right-
a-way. He said that if the Grommeses grant the easement they would not be able to do certain
things with the property such as putting an additional sign up. He felt that some sort of
compensation would be appropriate but the question is,"How much?"
Alderman Kot asked Mr.&Mrs. Grommes how they came up with the$3,000.00 figure. They
stated that they spoke with the bowling alley's previous owner about the amount of money they
were paid for the easement that went through their property. They took the bowling alley's
overall easement value and applied it to their 100 feet. Alderman Kot asked is this would be an
expense the city would incur or Walgreens. Mr.Wyrot stated that the city could try to get
Walgreens to pay that amount but he wasn't sure if the mayor or the rest of the council would
want to do that because Walgreens is already spending a lot of money to build in Yorkville.
Alderman Kot also reminded Mr. &Mrs. Grommes that even if he had a full Public Works
Committee at this meeting,the matter would have to go to before the full city council for
approval. He asked Mr. Wyrot how fast was Walgreens moving on this. Mr. Wyrot said that the
city had just received another plan submittal and that they were getting closer to building. He felt
that the issue should be resolved in the next month. Alderman Kot stated that the matter would
be put on the COW agenda for June 21,2001. In the meantime,Mr.Wyrot should try to get an
answer regarding the temporary access. If the city can't get an answer by June 21 st,they would
notify Mr. &Mrs. Grommes that the matter would be tabled for a couple of weeks. Mr. Wyrot
expressed his concern that the press would be at the COW meeting and it would be awkward to
discuss a monetary issue in front of them. J.T.Johnson,Director of Public Works, stated that the
dollar amount wouldn't be put on the agenda. Alderman Kot and Mr.Johnson said it would have
to be discussed in executive session;they would verify this with City Attorney, Dan Kramer.
ROUTE 34/GAME FARM ROAD INTERSECTION
Mr. Wyrot stated that he just received information regarding the design study for the intersection
of Route 34 and Game Farm Road at 3:00 P.M.that day and apologized for not having the
information available for review before the meeting.
3
Mr. Wyrot had a proposal from Smith Engineering Consultants,Inc. At a meeting with IDOT,
MOT indicated that they would be willing to fund the construction of a traffic light at the
intersection if the city were to fund the preparation of the plan. He said that the preparation is a
two step process.
Alderman Kot thought that IDOT agree to this already. Mr.Johnson clarified that IDOT agreed
to it but that it has to be studied first. Alderman Kot thought that MOT agreed that the
intersection needed improvements and that the city didn't need to go forward with the study.
Mr. Wyrot said that a traffic signal warranted analysis of volume and interruption of traffic. He
said that when Rush-Copley purchased the Hatcher Medical Center,they wanted a driveway to
access Route 34 at Game Farm Road. There were meetings with IDOT about this but IDOT said
no way to the driveway because it would create a dangerous situation. The whole issue with
Rush-Copley has gone away. IDOT said they would fund a traffic signal at the intersection under
the condition that it would not be a four-way intersection. They said they would fund a signal at a
three-way intersection but the city would need to fund the engineering work.
Mr. Wyrot stated that the proposal from Smith Engineering in the amount of$14,300.00 is to be
the first of two steps and is called the intersection design analysis. Smith Engineering will survey
the intersection and draw a plan to show how traffic movements would work. It would also
hopefully confirm that there are no changes to the pavement geometrics because IDOT is not
willing to pay for any. He stated that the first step in the process is to approve the proposal. He
felt that the dollar amount was fair. Smith Engineering's proposal is for estimated man-hours. If
the design study takes fewer hours than estimated,the city will pay for less. The proposal has a
"not to exceed"amount so if it takes longer,the city will not be charged more.
Alderman Kot asked about the second step and Mr. Wyrot explained that once this study is done
and approved by IDOT,the next step is to actually design the traffic signal and intersection.
Alderman Kot asked if the city would have Smith Engineering do this as well and Mr.Wyrot said
yes. Alderman Kot asked if the estimate for part two would be approximately the same amount
of dollars and Mr. Wyrot stated that it probably would be more.
Alderman Kot was concerned if the funds for this intersection were in the budget. Mr.Wyrot
said it was a great project to use MFT funds but they are not available. He said that$160,000 was
budgeted in general funds for street related projects this year. The city received good bids for the
projects it will get done this year. These projects will come to an expenditure of about$135,000.
Mr. Wyrot stated that the city has about$25,000 available.
Alderman Kot stated that like the mayor he supports the signal at the intersection and would like
to keep this project moving forward. He asked Mr. Wyrot to prepare documentation showing
where the funds are available so that it could be presented to COW June 21,2001.
2001 PUBLIC SIDEWALK REPAIRS
Mr. Wyrot stated the city had received two bids. The low bid was from R. A.Ubert at$27, 500.
R.A.Ubert also received the bid last year. Mr. Wyrot stated that$23,000 is budgeted for
sidewalks. The city would need to use a small amount of the extra general fund money discussed
in the Route341Game Farm Road study to pay for all of the sidewalk repairs. The sidewalk
project includes a curb on Liberty Street from Park Street to Somonauk Street,which would be
done in combination with the Public Works Department. That part of the project alone will cost
$8,000 to$10,000 so if the city doesn't put the curb in this year,the cost for the projects drops
drastically.
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Alderman Kot asked if the bid for curbing was included in the sidewalk replacement program and
Mr.Wyrot stated that all the concrete items were placed together for the bid. Alderman Kot
asked how the sidewalk replacement program was going and Mr. Wyrot stated that the demand
hadn't been high this year. He thought it might be something to consider in the future running the
program every other year or using the funds to repair gaps in existing sidewalks.
Alderman Kot thought that someone had gone around Yorkville to identify public safety concerns
regarding sidewalks. Mr. Wyrot stated that he recently had asked Chief Graff and Lt. Martin of
the Yorkville Police Department to check on unsafe sidewalks and get back to him but he hadn't
heard anything as of yet.
Mr. Wyrot recommend that this matter be sent to COW with the recommendation to award the
bid to R.A. Ubert. Alderman Kot was in agreement.
GREENBRIAR FOND
Alderman Kot stated that when this was discussed last month there were a couple of key issues.
He wanted to know what progress had been made.
Director of Public Works,J.T.Johnson, stated that he had not heard from the homeowners.
Mr. Mike Eurkaitis,representing the homeowners,was present at the meeting and stated that they
decided against the homeowner's association. He stated that they wanted to discuss the idea
about doing a prairie grass planting to eliminate the need for mowing. The homeowners whose
property goes down to the pond have agreed to mow the grass down to the water.
Mr. Johnson asked that to protect the city and homeowners that the city should get something in
writing from the homeowners along the pond stating that they will maintain that portion of the
grass. Mr. Wyrot said that sounded like a good idea but people change their mind and then would
the city take them to court? Mr. Johnson said that if the homeowners don't mow the city would
have to.
Mr.Eurkaitis stated that the letters would indicate that he is representing everyone along the
pond.
Mr.Johnson said that the letters would show the resident's commitment and that the council
would like to see this since they recommended setting up the S.S.A. If the residents are going to
maintain the area, Public Works won't need to purchase a new mower but the council needs to be
reassured of it.
Mr. Johnson said that the Park Board was expecting homeowners at their last meeting but none
showed up. He stated that the board discussed the fact of the soccer field. He said that it doesn't
sound like they are going to do an organized soccer field. Mr. Eurkaitis said that the resident's
biggest worry is if that it will go from an unplanned soccer field to an official field with
scheduled games. Mr. Johnson didn't feel that this would happen because of the way the area is
graded.
Mr. Johnson stated that if natural prairie grass was planted the residents should be aware that they
would see an increase in wildlife in the area such as possum and raccoons. He is in favor of the
grass but is concerned that new residents who have moved out from the city might not like seeing
deer grazing in their yards. He also stated that there would be an increase in insects such as
mosquitoes with this type of planting.
5
Mr. Eurkaitis said he felt that the residents would rather deal with the insects and animals than the
garbage from people playing soccer and the parking situation.
Alderman Kot felt that the issue about the soccer field needed to be resolved with the park board.
He strongly encouraged Mr. Eurkaitis to have the residents either attend or send a representative
to the next meeting. He was not sure what the Park Board's long-term plan was. He felt they
might have something down the road that the residents needed to address before it happened. The
other areas of concern such as the prairie grass are acceptable. He felt that the SSA
was a last resort.
Alderman Kot asked about the problem with the pond water and algae. Mr. Eurkaitis said he had
talked about treating the pond himself but was advised against it. He stated that an aerator had
been discussed. Mr.Johnson explained that a ComEd transformer would have to be accessible
for this. Mr. Eurkaitis asked if the aerator could be hooked into any of the resident's
transformers. Mr.Johnson said that that was a possibility
Mr. Johnson felt the biggest issue with the pond is that the city does not own the property because
it has not accepted the pond legally. Since the city has not technically taken the property in,the
city has fewer rights than the homeowners. The city does have a letter from the owner that allows
the city to mow it.
Mr. Eurkaitis asked that if the residents looked into the cost of an aerator could the cost be
presented to the council? Mr.Johnson said he felt the council would like to hear what it would
cost. He stated another thing the council would probably be interested in would be the cost of
electric and if ComEd would give the city any special rates. Alderman Kot asked Mr. Eurkaitis to
get some numbers together regarding the aerator and Mr. Eurkaitis said he would.
Mr. Wyrot summarized the discussion;prairie grass would be planted on the north bank,the
homeowners would mow the east and west sides but what about the south side? Mr.Eurkaitis
stated that depends on what the Park Board has in mind. The city mows it now.
Alderman Kot felt that a few of the issues needed to be resolved and brought back to the Public
Works Committee on July 16,2001. He noted that the soccer field issue needs to be brought up
to the Park Board,Mr. Eurkaitis needed to come up with some costs on an aerator and he asked if
Mr. Wyrot could look into the prairie grass planting.
Mr.Johnson suggested that the Department of Conservation might be a resource for the prairie
grass. He stated that the city council needed to decide if the city is going to maintain the prairie
grass. He stated that he is in favor of the grass. Alderman Kot also stated that he felt it was a
good idea as long as everyone is agreeable with it.
Alderman Kot also asked about placing rocks on one side of the pond instead of vegetation. Mr.
Johnson said that the city has put rocks in several areas over the years but because the soil is good
under the rocks,weeds grow through so then they need to be sprayed with weed killer. He
wished that the city hadn't used rocks because then the area cannot be mowed.
Mr. Wyrot said he would check into the grass and it would be on the agenda in July. Mr.
Eurkaitis said he would get some numbers on the aerators and would try to encourage more
residents to attend the next meeting.
6
SAM DI GANGI RE: SANITARY SEERVICE
Mr. Johnson stated that Mr. DiGangi has a house at 206 E. Washington Street. The house is in
the middle of the block on the south side of the street with a house on either side on it. These
houses face Heustis Stmt and Mill Street. As far as Mr.Johnson could tell,the sanitary sewer
was put in years ago by hand. The line came out of the house,with no manhole, and made what
he assumed was a Winery-degree turn. (Mr. DiGangi stated that plumbers told him the line does
make a ninety-degree turn.)The line then runs to the west all the way to Heustis in the right-of-
way. Mr. Johnson stated that this issue was brought a few years ago after the area suffered a very
good rain and the sewer backed up. The resident called him at that time to observe what had
happened.
Mr. DiGangi went on to explain that he had a separate plumbing job done prior to the flooding to
replace the cracked line from the house to the street. A few years later,the house flooded again.
He called out plumbers who emptied the clean out by the house and went from there forward and
continued down the line toward Heustis Street where they found a blockage. They rodded it out
and the sewer hasn't backed up again
Mr. Johnson said when this issue was brought up some time ago,he thought a letter was sent to
Mr. DiGangi or the matter was discussed with him. At that time it was determined through the
Public Works Committee that it was private sewer all the way from the house to the main even
though it is a long stretch and in the city's right-of-way. Mr.Johnson thought that information
was sent to Mr. DiGangi but because it was so long ago he didn't remember.
Mr.DiGangi stated that until a couple of years ago he was an over the road truck driver and it
was not worth it to come back to a board meeting to fight it out. He did not follow through.
Alderman Kot asked if the city had any other situations like this in town. Mr. Johnson gave an
example of another house on Orange Street,near Mr. DiGangi's house. The city put a manhole
there but under different circumstances. It was thought that the builder of that particular house
had tied his sewer line into a natural spring. The manhole was to see if this occurred.
Mr.Johnson said he told Mr. DiGangi that we had already addressed it as a committee and said
that it would be called a private sewer. He stated that this should be reflected in the minutes from
way back then. He said that Mr. DiGangi had the right to voice his opinion again.
Alderman Kot asked Mr. DiGangi if he had been reimbursed for any of the cost. Mr.DiGangi
said that wasn't his first priority now but if that was possible it would be fine. Alderman Kot
asked him what his first priority was and Mr. DiGangi explained that the house is rental income.
He did not pursue the problem earlier and told the tenants of the possibility of the sewer backing
up: asking them not to put valuable items in the basement. He stated that he is now ready to sell
the property and even though the sewer hasn't backed up again, it doesn't mean that it won't do it
in the future. He knows he has to disclose to buyers that this problem occurred. He wanted to
present the problem to the committee again so that something can be resolved for the future
owners. He wanted to know what would happen if the pipe needed to be fixed in the future.
Alderman Kot asked what if a structural problem occurred in the stretch under the right of way.
Mr.Johnson said that if anything structural had to be repaired that the city would do it at no cost
to the homeowner. However,general maintenance such as roddmg the line due to tree roots is the
responsibility of the homeowner,not the city.
7
Mr.Johnson stated that he would give the same recommendation to the committee as before-if
the sewer becomes blocked because of tree roots it is the homeowner responsibility to repair the
line and if a structural problem such as a break in the line occurs,the city is responsible. He told
Mr. DiGangi that he would send him a letter stating this along with a copy of an existing
resolution backing up the city's position and Mr. DiGangi could present this to any prospective
buyers.
WETLAND PROTECTION
The committee tabled this discussion to a later date.
VACATE VAN EMMON ROW
It was discussed that an ordinance needed to be passed giving the resident's the roadway. This
item was tabled to the next meeting.
LEISURE STREET PARKWAY SWALES
Mr. Wyrot presented a memo regarding Leisure Street. It is a city road with no curb or gutter.
Eight homeowners have filled in the parkway Swale,which drains rain runoff to the creek. If
there were culverts,they are now buried. Now rainwater drains onto the street and is causing a
negative impact on the road. The swales were probably filled sometime in the 1980's but now
should be dug back out. Mr.Wyrot felt that this could create a problem with the residents.
Alderman Kot suggested that the item be tabled until more of the committee is at a meeting.
QUOTE FROM METROPOLITAN PUMP
Mr. Wyrot explained that the quote from Metropolitan Pump is for a pump station for the
building at the River Front Park. Currently the building does not have a working toilet. Waste
will need to be pumped to the sewer line on Mill Street. The estimate for the pump was between
$4,500 and$5,500. The"Cadillac"pump was recommended and a trench for the plastic pipe
would need to be dug to Mill Street.
Alderman Kot suggested sending the matter to the next COW meeting.
ADDITIONAL BUSINESS
Mr. Wyrot discussed the Fox Industrial Park project. He said IDOT commented that the roads are
too narrow for parking on both sides of the street. The city needed to create an ordinance
regulating parking in the area. Alderman Kot asked if the city should notify the business
regarding this and then see what their input is. Mr. Wyrot stated that he didn't feel there was time
to send a letter. Alderman Kot suggested this be put on the COW agenda for the next meeting and
still send the businesses a letter stating IDOT's recommendation.
Mr.Wyrot also stated that IDOT wanted the Fox Industrial Park to have truck access for vehicles
up to 80,000 pounds. Alderman Kot said to send the matter to COW.
Mr.Wyrot stated that City Attorney,Dan Kramer,had prepared an agreement between the city
and the water treatment plant. It stated that the city would pay for the removal of sludge(due to
elevated radium levels). The cost of this was not known. Mr. Wyrot said that two samplings had
been taken and it was found that the radium level was higher than the city would like. Both
samples had similar levels. It has been requested that a third sample be tested. The cost involved
to the city depends on the level of radium because that affects the disposal of the sludge.
8
It was decided to send this to COW in July for funding approval.
Mr. Johnson discussed the grass damage on Naden Court. Alderman Kot stated that he spoke
with resident,Mr. Holock,and he was unable to attend this meeting. Alderman Kot told
Mr.Holock that the matter would be discussed at the July meeting. Mr.Johnson had a letter from
Alderwoman Spears regarding the damage at 114 and 115 Naden Court along with a problem
concerning high buffalo boxes. Mr.Johnson stated that Public Works needs direction from the
council as to how they want this handled. He stated that there is no policy on the books as to who
is responsible to maintain the repair work(i.e.who will water the replaced sod or seed.)
Alderman Kot said to send the matter to COW.
Mr.Johnson discussed the repair of the sewer line at 109 Blackberry Lane. He said the mayor
asked the committee to look into this. The resident had called the city on a Saturday but never
followed through by calling Mr. Johnson at his after hours phone number. The following
Monday,a contractor called Mr.Wyrot asking about back fill requirements and permit
information. Mr.Wyrot supplied the information but was not aware that the contractor was
calling for the resident. As it turns out,the resident paid a contractor$5,800 to remove a section
of the sewer line that was impacted with tree roots and replace it with a new piece. The resident
spoke with Mr. Johnson about receiving monetary help from the city. Mr. Johnson stated that the
city didn't do anything wrong in handling the problem because they weren't aware of the situation
until it was over. If the resident had followed through and contacted Mr. Johnson before getting
the work done,public works could have done the repair and charged the resident much less. Mr.
Johnson stated that the city saved the homeowner money by patching the street instead of the
plumbers doing it.
Alderman Kot said he had read a letter to the editor in the Beacon News stating that the turn light
on Route 47 and Countryside was very short. He asked if the matter could be looked into. Public
works will call and have the turn arrow timing checked.
Meeting adjourned at 9:00 P.M.
Minutes by Jackie Milschewski
Smith Engineering Consultants, Inc.
Civil/Structural Engineers and Surveyors
McHenry Yorkville Huntley
June 19, 2001
Mr. Joe Wywrot
City Engineer
City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
RE: Survey and Intersection Design Study-U.S. Route 34 and Game Farm Road
Job No. YORK-010305-9
Dear Joe:
Please find enclosed our proposal for engineering services for the above referenced project.
Please be advised that this is a revision to the original proposal submitted to Officer Tony Graff
on May 17, 2001. The revision was made due to a change in the scope of engineering services
required.
Should you have any questions or need further clarification,please feel free to contact me.
Sincerely,
SMITH ENGNEERING CONSULTANTS, INC.
Jam v' , P.E.
Vice President
JFH/lwj
Enclosure
N:\Jobs\Smith\2001\010305 Yorkville-Game Farm-Rte 34 Traffic Study`correspondence\letters\010305-9-cover letter jfh-061501.doc
-'Z_0
1981 - 21
20
Y E A R S O F 202 S. Bridge Street,Yorkville, IL 60560 wwwsmithenginecring.com
EXCELLENCE Telephone 630.553.7560 Fax 630.553.7646
u
Smith Engineering Consultants, Inc.
Civil/Structural Engineers and Surveyors
McHenry Yorkville Huntley
PROPOSAL/AGREEMENT
Mr. Joe Wywrot
The United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Phone: 630-553-4340
Fax: 630-553-7575
Survey and Intersection Design Study
For U.S. Route 34
And
Game Farm Road
Job No. YORK-010305-9
June 19, 2001
Revised
Prepared by:
James F. Hoving, P.E.
1981 - 2001
20 Vice President
Y E A R S O F 202 S. Bridge Street,Yorkville, IL 60560 wwwsmithengineering.com
EXCELLENCE Telephone 630.553.7560 Fax 630.553.7646
Mr. Joe Wywrot
United City of Yorkville
Game Farm Road and U.S. Route 34
Job No: YORK-010305-9
June 19, 2001
Page 2
Scope of Services
Survey the intersection of U.S. Route 34 and Game Farm Road and prepare an Intersection
Design Study for review by the Illinois Department of Transportation, District 3.
IManhour and Fee Summary
Based upon our understanding of the project, we believe a maximum of 174 hours will be
required to complete the project. Following is a summary of the manhour estimate and costs
associated with this project which will be administered on a time and material basis not to
exceed$14,300.00.
COST x
3
Survey Work 56 $ 4,740.00
Drawing 17 $ 1,250.00
Intersection Design Stud 73 $ 5,745.00 $ 200.00
Meetings 8 $ 720.00 $ 70.00
QA/QC 5 $ 495.00
Coordination/ 15 $ 1,080.00
Administration
Sub-Total 174 $14,030.00 $ 270.00
TOTAL $14,300.00
Mr. Joe Wywrot
United City of Yorkville
Game Farm Road and U.S. Route 34
Job No: YORK-010305-9
June 19,2001
Page 3
Extra Work Reuse of Documents
Any work required but not included as part of this contract shall be All project documents including,but not limited to,plans and
considered extra work. Extra work will be billed on a Time and specifications fumished by SMITH under this project are intended
Material basis with prior approval of the CLIENT. for use on this project only. Any reuse,without specific written
verification or adoption by SMITH,shall be at the CLIENT s sole
Outside Consultants risk,and CLIENT shall indemnify and hold harmless SMITH from
all claims,damages and expenses including attorney's fees arising
SMITH ENGINEERING CONSULTANTS.INC.(SMITH)is not out of or resulting therefrom.
responsible for accuracy of any plans,surveys or information of any
type including electronic media prepared by any other consultants,
etc.provided to SMITH for use in preparation of plans. Ownership of Instruments of Service
SMITH is not responsible for accuracy of topographic surveys All reports,plans,specifications,field data,field notes,laboratory
provided by others. A field check of a topographic survey provided test data,calculations,estimates and other documents including all
by others will not be done under this contract unless indicated in the documents on electronic media prepared by SMITH as instruments
Scope of Work. of service shall remain the property of SMITH. SMITH shall retain
these records for a period of five(5)years following
Attorneys'Fees completion/submission of the records,during which period they will
be made available to the CLIENT at all reasonable times.
In the event of any litigation arising from or related to the services
provided under this AGREEMENT,the prevailing party will be
entitled to recovery of all reasonable costs incurred,including staff Design Information in Electronic Form
time,court costs,attorneys'fees and other related expenses.
Because CADD information stored in electronic form can be
Certificate of Merit modified by other parties,intentionally or otherwise,without notice
or indication of said modifications,SMITH reserves the right to
The CLIENT shall make no claim for professional negligence, remove all indicia of its ownership and/or involvement in the
either directly or in a third party claim,against SMITH unless the material from each electronic medium not held in its possession.
CLIENT has first provided SMITH with a written certification The CLIENT shall retain copies of the work performed by SMITH
executed by an independent design professional currently practicing in CADD form only for information and use by the CLIENT for the
in the same discipline as SMITH and licensed in the State of specific purpose for which SMITH was engaged. Said materials
Illinois. This certification shall: a)contain the name and license shall not be used by the CLIENT,or transferred to any other party,
number of the certifier;b)specify each and every act or omission for use in other projects,additions to the current project,or any
that the certifier contends is a violation of the standard of care other purpose for which the material was not strictly intended by
expected of a Design Professional performing professional services SMITH without SMITH'S express written permission.
under similar circumstances;and c)state in complete detail the Any use or reuse of original or altered CADD design materials by
basis for the certifiier's opinion that each such act or omission the CLIENT,agents of the CLIENT,or other parties without the
constitutes such a violation. This certificate shall be provided to review and written approval of SMITH shall be at the sole risk of
SMITH not less than thirty(30)calendar days prior to the the CLIENT. Furthermore,the CLIENT agrees to defend,
presentation of any claim or the institution of any arbitration or indemnify,and hold SMITH harmless from all claims,injuries,
judicial proceeding. damages,losses,expenses,and attorney's fees arising out of the
modification or reuse of these materials.
Standard of Care
The CLIENT recognizes that designs,plans,and data stored on
Services provided by SMITH under this AGREEMENT will be electronic media including,but not limited to computer disk and
performed in a manner consistent with that degree of care and skill magnetic tape,may be subject to undetectable alteration and/or
ordinarily exercised by members of the same profession currently uncontrollable deterioration. The CLIENT,therefore,agrees that
practicing under similar circumstances. SMITH 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 SMITH shall correct any errors detected
by the CLIENT to complete the design in accordance with the intent
Mr. Joe Wywrot
United City of Yorkville
Game Farm Road and U.S. Route 34
Job No: YORK-010305-9
June 19, 2001
Page 4
of the contract and specifications. After 40 days,at the request of Exclusion
the CLIENT,SMITH shall submit a final set of sealed drawings,
and any additional services to be performed by SMITH relative to This fee does not include attendance at any meetings or public
the submitted electronic materials shall be subject to separate hearings other than those specifically listed in the Scope of Services.
AGREEMENT. These work items are considered extra and are billed separately on
an hourly basis.
Dispute Resolution
In an effort to resolve any conflicts that arise during the design or Payment
construction of the project or following the completion of the This AGREEMENT shall not be enforceable by either party until
project,the Consultant and CLIENT agree that all disputes between each has in its possession a copy of this AGREEMENT signed by
them arising out of or relating to this AGREEMENT shall be the other.
submitted to nonbinding mediation unless the parties mutually agree
otherwise. If the dispute cannot be settled amicably,it shall then be
settled by arbitration in the State of Illinois in accordance with the Time Limit
American Arbitration Associates. The Award of the arbitrator shall
be conclusive and binding upon the parties. This AGREEMENT must be executed within thirty(30)days of the
composition date to be accepted under the terms set forth herein.
The CLIENT agrees,to the fullest extent permitted by law,to limit This contract shall expire one year from date of execution.
the liability of SMITH and its subconsultants to the CLIENT for any
and all claims,losses,costs,damages of any nature whatsoever or Work cannot begin until we have your signed AGREEMENT. If
claims expenses from any cause or causes,including attorneys'fees this AGREEMENT merits your approval and acceptance,please
and costs and expert witness fees and costs,so that the total sign both copies,retain one copy for your files and return one to our
aggregate liability of SMITH and its subconsultants to all those office.
named shall not exceed SMITH'S total fee for services rendered on
this project,whichever is greater. 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.
Hazardous Materials
It is acknowledged by both parties that SMITH'S scope of services
does not include any services related to asbestos or hazardous or
toxic materials. In the event SMITH 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
SMITH'S services,SMITH 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 warrant
that the job site is in full compliance with applicable laws and
regulations.
Mr. Joe Wywrot
United City of Yorkville
Game Farm Road and U.S. Route 34
Job No: YORK-010305-9
June 19,2001
Page 5
If you have any questions or comments, please feel free to contact our office. We sincerely
appreciate this opportunity to offer our services.
Sincerely,
SMITH ENGINEERING CONSULTANTS, INC.
es vi
Vice Pres en
JFH/lj
Enclosure
Accepted by:
Title: Date:
Company:
se2\secdatal\Jobs\Smith\2001\010305 Yorkville-Game Farm-Rte 34 Traffic Study\administration\contract\010305-9-yorkville-traffic study-
contract-revised jfh-061501.doc
MICHAEL GROMMES
NANNETTE GROMMES
1209 Bridge Street
Yorkville, IL 60560
630/553-5300
Fax 630/553-9053
June 18, 2001
Mr. Joseph Wywrot
Yorkville City Engineer
800 Game Farm Road
Yorkville, IL 60560
Dear Mr. Wywrot:
Before we grant easement for the water main, there are a couple of items we
would like to see addressed:
1) The curbing on the west end of Pizza Express needs to be removed or
ramps built on each side so that vehicles can enter or exit through the bowling
alley parking lot. Ideally, this would be a permanent feature.
2) While our entrance is blocked, we would like signs pointing traffic through the
bowling alley parking lot.
3) Regarding the property to the north of our building: Especially after the
recent heavy rainfall, we are concerned about water flowing down the slope and
entering our building. We would like to see something at the edge of the 01
Walgreen's property to keep the water off of ours. This could be a curb or a
drain tile -- something that will contain the runoff and divert it toward the
retention pond or a storm sewer.
4) We are also asking for compensation in the amount of$3,000.00 to help
reimburse us for inconvenience and loss of revenue during construction.
Please call either of us if you have any questions.
Sin ely,
Michael Gro mes
Nannette Grommes