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Public Works Packet 2016 12-20-16 AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday, December 20, 2016 6:00 p.m. City Hall Conference Room 800 Game Farm Road, Yorkville, IL Citizen Comments: Minutes for Correction/Approval: November 15, 2016 New Business: 1. PW 2016-78 Snow Operations Report 2. PW 2016-79 Water Department Reports for January – September 2016 3. PW 2016-80 Route 47 ITEP (Streetlights) – Authorizations No. 2, 3, and 4 4. PW 2016-81 2017 Sanitary Sewer Lining Engineering Agreement 5. PW 2016-82 West Washington Street Water Main Replacement Engineering Agreement 6. PW 2016-83 Hamman – USPS Water Main Acceptance 7. PW 2016-84 Well No. 3 Update and Recommendations 8. PW 2016-85 Solid Waste Collection Services RFP 9. PW 2016-86 Street Sign Sale Close-out 10. PW 2016-87 Detention Basin – Update Old Business: 1. CC 2016-47 Intergovernmental Agreement for the Sharing of Services 2. PW 2014-74 Railroad Quiet Zones 3. PW 2016-21 Leopardo Energy Update Additional Business: 2016/2017 City Council Goals – Public Works Committee Goal Priority Staff “Municipal Building Needs and Planning” 3 Bart Olson & Eric Dhuse “Capital Improvement Plan” 4 Bart Olson & Eric Dhuse “Vehicle Replacement” 5 Bart Olson & Eric Dhuse “Sidewalks and Trails Funding and Planning” 15 Bart Olson, Eric Dhuse, Brad Sanderson & Rob Fredrickson 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 20, 2016 6:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. November 15, 2016 □ Approved ________ □ As presented □ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2016-78 Snow Operations Report □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2016-79 Water Department Reports for January – September 2016 □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2016-80 Route 47 ITEP (Streetlights) – Authorizations No. 2, 3, and 4 □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2016-81 2017 Sanitary Sewer Lining Engineering Agreement □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2016-82 West Washington Street Water Main Replacement Engineering Agreement □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2016-83 Hamman – USPS Water Main Acceptance □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2016-84 Well No. 3 Update and Recommendations □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 8. PW 2016-85 Solid Waste Collection Services RFP □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 9. PW 2016-86 Street Sign Sale Close-out □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 10. PW 2016-87 Detention Basin – Update □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2016-47 Intergovernmental Agreement for the Sharing of Services □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2014-74 Railroad Quiet Zones □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2016-21 Leopardo Energy Update □ 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/320/City-Council 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 15, 2016 Public Works Committee – December 20, 2016 Majority Committee Approval Minute Taker Name Department Page 1 of 2 DRAFT UNITED CITY OF YORKVILLE PUBLIC WORKS COMMITTEE Tuesday, November 15, 2016, 6:00pm Yorkville City Hall, Conference Room 800 Game Farm Road IN ATTENDANCE: Committee Members Chairman Chris Funkhouser Alderman Ken Koch Alderman Jackie Milschewski Alderman Larry Kot Other City Officials Public Works Director Eric Dhuse Engineer Brad Sanderson, EEI Other Guests: None The meeting was called to order at 6:00pm by Chairman Chris Funkhouser. Citizen Comments: None Previous Meeting Minutes: October 18, 2016 The minutes were approved as presented. New Business: 1. PW 2016-74 Meeting Schedule for 2017 There was no discussion and the committee was OK with the schedule. 2. PW 2016-75 2017 Road to Better Roads Program Mr. Sanderson said there is a recommended plan for the next FY along with a 5-year plan and they are seeking approval. Mr. Kot asked if State St. by Hydraulic and Van Emmon is scheduled for next year since residents had been told it would be repaved. It is currently on the alternative list and Mr. Dhuse explained some parking lots are in very bad shape. Mr. Koch asked about Walsh Drive to Greenbriar and said that it's worn down to the gravel in some areas. Mr. Sanderson said there is some flexibility with the program which is based on an analysis done in 2012. City staff will monitor the streets this winter rather than having a new study which would cost about $100,000. Mr. Dhuse added that this year's program was a catch-up list. Alderman Milschewski inquired about the rating system to determine the repaving schedule and an explanation was given. There is approximately $700,000 of roadwork to be done next year (not Page 2 of 2 including the parking lots). The alley between State and Main was discussed and it will be staked and the matter revisited. Kennedy Road was also discussed. Mr. Sanderson asked for approval of the recommended list and engineering agreements so EEI can move forward. It is hoped to obtain IDOT approval and let bids in February to take advantage of some favorable prices. Chairman Funkhouser asked the committee to approve the 2017 program, the alternatives and the 5-year plan and forward it to the Council on the consent agenda. 3. PW 2016-76 Professional Services Agreement for 2017 Road to Better Roads Program This is the standard agreement to prepare the documents for bid-letting using MFT and local funds, IDOT approval and for construction engineering. This moves forward to the November 22nd consent agenda. 4. PW 2016-77 Mill Street LAFO – Authorization No. 2 This is the second authorization for LAFO and the balancing change order is a decrease of $29,769.48. The total decrease is $34,269.48. Ms. Milschewski said there were many compliments on the job. This moves to the November 22nd consent agenda. Old Business: None Additional Business: Alderman Kot noted a shoulder drop-off near Autumn Creek and asked for gravel fill. He also asked about electrical boxes near Kennedy and McHugh which are half open. It was determined they are phone boxes and pose no danger. Lights with higher wattages are still needed on both ends of Windett according to Alderman Koch and Mr. Dhuse will address this matter. The new street lights in the City have received favorable comments and installation is nearly complete. Alderman Milschewski noted there is only one at the north end of the park. Placement was made there to not block the eternal flame. Mr. Kot requested more crossing signage on Rt. 47 near Hydraulic for safety reasons. Mr. Dhuse replied that he does not want to encourage crossing at that point, but will make it as safe as possible. He said 2 near accidents have occurred near pedestrian signs when driver views are obstructed due to multiple traffic lanes. Chairman Funkhouser requested an update on the street sale sign. Over $400 has been generated through sales and remaining signs will be sold at another time. There was no further business and the meeting was adjourned at 6:34pm. 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/320/City-Council 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: Informational item only. 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 2016-78 Snow Operations Update Public Works Committee – December 20, 2016 None None Breakdown of snow removal operations for the month of December. Eric Dhuse Public Works Name Department Summary Monthly report of manpower, resources and time spent snow plowing and salting Background 12/4/16 - started at approximately 12:30 pm and ended at approximately 8:45pm. 7 large dump trucks and 2 small dump trucks were used to remove snow and salt. This is one large dump truck short of a full crew. 9 employees earned 74.25 hours of overtime and our foreman worked 9 hours as well. Approximately 100 tons of salt were used along with 3000 gallons of brine to complete the operation. 12/11/16 – started at approximately 5:00am and ended at approximately 12:00pm. 7 large dump trucks and 2 small dump trucks were used to remove snow and spread salt. This is one large dump truck short of a full crew. 9 employees earned 63 hours of overtime and our foreman worked 8 hours as well. Approximately 100 tons of salt were used along with 3000 gallons of brine 12/12/16 – started at 3:00 am and finished approximately 3:30 pm. 6 large dump trucks were used, including one that the plow only angled right for the entire removal operation. At 7:00am, we added all additional employees to plow, shovel walks and salt. 9 employees earned 36 hours of overtime before starting their normal 8 hour work day. Our foreman also worked an extra 4 hours ahead of schedule. with the entire crew on at 7:00, we have an additional approximately 160 hours of snow removal time. The salt usage was approximately 75-100 tons and 1500 gallons of brine due to the fact that some streets did not need salt. We had one truck in the shop with starting issues, and one that had an electrical problem. We also had one of the small dump trucks break a drive chain for the spreader, so it was out of commission for a few hours as well. During this time, we also had a water main break on Appletree Ct. that took away 4 crew members for approximately 4 hours. In hindsight, we should have been back out on Sunday night instead of waiting until early Monday morning. Temperatures were warm enough to let traffic pack down the snow and turn it to a sheet of ice. If we would have been right on it, we would not have any lingering slick spots at this time. We will be right on it next time instead of trying to conserve manpower and resources. 12/13/16 – started at 7:00 am and finished at approximately 3:30 pm. 8 large dump trucks and 2 small dump trucks were used to scrape slick spots and spread salt. Brine and salt usage were Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, Administrator Date: December 14, 2016 Subject: Monthly snow report approximately cut in half to 50 tons and 1500 gallons since we were spot salting. This has improved our road conditions tremendously and we will continue this operation on 12/14/16 as well. At this time, we have approximately 150-200 tons of salt on hand, and another 460 tons on order. With the 460 ton order, we are at our minimum order for the year through the state bid. We can take an additional 480 tons at our bid price for a total of 1440 tons. We also have 1000 tons of salt in storage at the Kendall County Highway Department building. With the brine making machine, we have almost unlimited brine making capabilities as well. Recommendation With snow forecast for Friday night into Saturday morning, we are also preparing for our next operation. We are going to pre-wet the streets with brine to try and create a thin layer of salt that will not allow the snow to stick to the pavement, making it easier for us to plow off the streets. I will give a verbal report at the meeting as to how it worked out for us. 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/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #2 Tracking Number PW 2016-79 Water Department Reports for January – September 2016 Public Works Committee – December 20, 2016 Majority Approval Monthly water reports. Tom Konen Public Works Name Department Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council 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 2016-80 Route 47 ITEP (Streetlights) Public Works Committee – December 20, 2016 Consideration of Approval Consideration of Authorization Nos. 2, 3 & 4 Brad Sanderson Engineering Name Department The purpose of this memo is to present Authorizations 2, 3 & 4 for the above referenced project. An authorization, as defined by IDOT, is the written approval of a contract change and the written directive to the contractor to perform said work. By this definition, it alters the contract work from that awarded under the competitive bidding process. An Authorization of Contract Changes signed by the Regional Engineer signifies completed review of and support for the change proposed. Background: The State of Illinois and Thorne Electric, Inc. entered into an agreement for a contract value of $401,463.02 for the above referenced project. Construction began on October 11, 2016 and the project is substantially complete. The construction costs are being funded by ITEP funds (federal) and local funds. The maximum federal participation amount is $390,410.00, inclusive of all change orders (authorizations) associated with this contract. Questions Presented: Should the City approve Authorizations Nos. 2 ($540.00), 3 ($1,623.00) and 4 ($2,625.00) in the amount of $4,788.00? Discussion: Authorization No. 2 covers additional labor and equipment required to clearing duct obstructions, including:  A fish tape was used to pull wire under IL-47 from Lighting Controller 1 to Handhole 7. The fish tape was used because the pull cord which was supposed to be installed under the IL-47 reconstruction project was not present.  An obstruction was encountered in the existing duct from Handhole 7 to Handhole 11. Wires were installed individually, to pass the obstruction in the duct resulting in additional effort required to complete the work. 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 8, 2016 Subject: Route 47 ITEP (Streetlights)– Authorizations 2, 3 & 4 Authorization No. 3 covers material expenses incurred by the contractor, including:  The existing anchor bolts at the foundations constructed during the IL-47 reconstruction project did not have the required hardware to attach the light poles. The contractor was required to procure the nuts, washers and lock washers in order to attach the poles. Authorization No. 4 covers additional labor and equipment required to cleaning threads on the existing anchor bolts, including:  The anchor bolts at the foundations constructed during the IL-47 reconstruction project were not protected when the concrete foundations were poured which caused the threads to become coated in concrete paste. The paste on the threads prevented the leveling nuts from screwing down the anchor bolts. The contractor was required to clean the threads of the anchor bolts using hand tools and a wire brush wheel. The net change to date for authorizations is $7,100.64 which is a 1.77% increase to the original contract value bringing a revised contract value to date of $408,564.66. The City will be responsible for 20% of the total or $1,420.13. We have attached IDOT form BC-22 for Authorization Nos. 2, 3 & 4 for your information. All authorizations have a pre-approval from the IDOT District 3 Local Agency Bureau of Construction Engineer. We are recommending approval of the Authorizations. Action Required: Consideration of approval from the City Council for Authorizations 2, 3 & 4. 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/320/City-Council 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 2016-81 2017 Sanitary Sewer Lining Engineering Agreement Public Works Committee – December 20, 2016 Majority Approval See attached. Bart Olson Administration Name Department 2017 Sanitary Sewer Lining Program United City of Yorkville, Kendall County, IL Professional Services Agreement - Design and Construction Engineering THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred to as the "City" or “OWNER” and Engineering Enterprises, Inc. hereinafter referred to as the "Contractor" or “ENGINEER” agrees as follows: A. Services: ENGINEER agrees to furnish to the City the following services: The ENGINEER shall provide any and all necessary engineering services to the City as indicated on the included exhibits. Design and Construction engineering will be provided for sanitary sewer lining (see Exhibit 5 for project limits). Engineering will be in accordance with all City, Standard Specifications for Water and Sewer Construction in Illinois, Illinois Department of Transportation, and Illinois Environmental Protection Agency requirements. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non- terminating party or upon completion of the Services. Upon termination the ENGINEER shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to ENGINEER: ENGINEER shall receive as compensation for all work and services to be performed herein, an amount based on the Estimate of Level of Effort and Associated Cost included in Exhibit 3. Design Engineering will be paid for as a Fixed Fee (FF) in the amount of $7,700 and Construction Engineering will be paid for Hourly (HR) at the actual rates for services to be performed, currently estimated at $8,929. Direct expenses are estimated at $750. The hourly rates for this project are shown in the attached 2016 Standard Schedule of Charges (Exhibit 6). All payments will be made according to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract is designated in Section B hereof as an Ongoing Contract, ENGINEER, on or before February 1st of any given year, shall provide written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after May 1st of that same year. 2017 Sanitary Sewer Lining Program United City of Yorkville Professional Services Agreement Design and Construction Engineering E. Ownership of Records and Documents: ENGINEER agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. ENGINEER agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the freedom of information act or if already previously disclosed by a third party. Upon termination of this agreement, ENGINEER agrees to return all such materials to the City. The City agrees not to modify any original documents produced by ENGINEER without contractors consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER’s sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER’s sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kendall County, Illinois. G. Independent Contractor: ENGINEER shall have sole control over the manner and means of providing the work and services performed under this agreement. The City’s relationship to the ENGINEER under this agreement shall be that of an independent contractor. ENGINEER will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery : The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in default for a period of six months or more in an amount of $600 or more on the repayment of any educational loan guaranteed by the Illinois State Scholarship Commission made by an Illinois institution of higher education or any other loan made from public funds for the purpose of financing higher education (5 ILCS 385/3). 2017 Sanitary Sewer Lining Program United City of Yorkville Professional Services Agreement Design and Construction Engineering Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony. Barred from Contracting : The Contractor certifies that it has not been barred from contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois Compiled Statutes 5/33E or similar law of another state. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity : The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment under the Contract, all books and records relating to the performance of the Contract and necessary to support amounts charged to the City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City and the Illinois Auditor General. If this Contract is funded from contract/grant funds provided by the U.S. Government, the Contract, books, and records shall be available for review and audit by the Comptroller General of the U.S. and/or the Inspector General of the federal 2017 Sanitary Sewer Lining Program United City of Yorkville Professional Services Agreement Design and Construction Engineering sponsoring agency. The Contractor agrees to cooperate fully with any audit and to provide full access to all relevant materials. United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in accordance with requirements imposed by the Internal Revenue Services for withholding and reporting federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen ___ Resident Alien ___ Non-Resident Alien The Internal Revenue Service requires that taxes be withheld on payments made to non resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its Federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): ___ Individual ___ Real Estate Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation ___ Trust or Estate ___ Medical and Health Care Services Provider Corp. I. Indemnification: ENGINEER shall indemnify and hold harmless the City and City’s agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by ENGINEER or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of ENGINEER or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall the either party indemnify any other party for the consequences of that party’s negligence, including failure to follow the ENGINEER’s recommendations. J. Insurance : The ENGINEER agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied) K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attachments. Except for those terms included on the attachments, no additional terms are included as a part of this agreement. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally or in any 2017 Sanitary Sewer Lining Program United City of Yorkville Professional Services Agreement Design and Construction Engineering manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of exhibits is as follows: Exhibit 1: Professional Engineering Services Exhibit 2: Limitation of Authority, Duties and Responsibilities of the Resident Construction Observer Exhibit 3: Estimate of Level of Effort and Associated Cost Exhibit 4: Anticipated Project Schedule Exhibit 5: Location Map Exhibit 6: 2016 Standard Schedule of Charges L. Notices: All notices required to be given under the terms of this agreement shall be given mail, addressed to the parties as follows: For the City: For the ENGINEER: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 800 Game Farm Road Sugar Grove Illinois 60554 Yorkville, IL 60560 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. Agreed to this _____day of __________________, 2016. United City of Yorkville: Engineering Enterprises, Inc.: _________________________________ ________________________________ Gary Golinski Brad Sanderson, P.E. Mayor Vice President _________________________________ ________________________________ Beth Warren Angie Smith City Clerk Executive Assistant 1 EXHIBIT 1 SECTION A - PROFESSIONAL DESIGN ENGINEERING SERVICES For purposes of this Exhibit 1 and all attachments hereto, the term “contractor” shall not refer to Engineering Enterprises, Inc., but shall instead refer to individuals or companies contracted with, to construct or otherwise manage the project described herein. The ENGINEER shall furnish professional design engineering services as follows: 1. The ENGINEER will attend conferences with the OWNER, or other interested parties as may be reasonably necessary. 2. The ENGINEER will perform the necessary design surveys, accomplish the detailed design of the project, prepare construction drawings, specifications and contract documents, and prepare a final cost estimate based on final design for the entire system. It is also understood that if subsurface explorations (such as borings, soil tests, rock soundings and the like) are required, the ENGINEER will furnish coordination of said explorations without additional charge, but the costs incident to such explorations shall be paid for by the OWNER as set out in Section D hereof. 3. The contract documents furnished by the ENGINEER under Section A-2 shall utilize IEPA endorsed construction contract documents, including Supplemental General Conditions, Contract Change Orders, and partial payment estimates. 4. Prior to the advertisement for bids, the ENGINEER will provide for each construction contract, not to exceed 10 copies of detailed drawings, specifications, and contract documents for use by the OWNER, appropriate Federal, State, and local agencies from whom approval of the project must be obtained. The cost of such drawings, specifications, and contract documents shall be included in the basic compensation paid to the ENGINEER. 5. The ENGINEER will furnish additional copies of the drawings, specifications and contract documents as required by prospective bidders, material suppliers, and other interested parties, but may charge them for the reasonable cost of such copies. Upon award of each contract, the 2 ENGINEER will furnish to the OWNER five sets of the drawings, specifications and contract documents for execution. The cost of these sets shall be included in the basic compensation paid to the ENGINEER. Original documents, survey notes, tracings, and the like, except those furnished to the ENGINEER by the OWNER, are and shall remain the property of the ENGINEER. 6. The drawings prepared by the ENGINEER under the provisions of Section A-2 above shall be in sufficient detail to permit the actual location of the proposed improvements on the ground. The ENGINEER shall prepare and furnish to the OWNER without any additional compensation, three copies of map(s) showing the general location of needed construction easements and permanent easements and the land to be acquired. Property surveys, property plats, property descriptions, abstracting and negotiations for land rights shall be accomplished by the OWNER, unless the OWNER requests, and the ENGINEER agrees to provide those services. In the event the ENGINEER is requested to provide such services, the ENGINEER shall be additionally compensated as set out in Section D hereof. 7. The ENGINEER will attend the bid opening and tabulate the bid proposal, make an analysis of the bids, and make recommendations for awarding contracts for construction. 8. The ENGINEER further agrees to obtain and maintain, at the ENGINEER’s expense, such insurance as will protect the ENGINEER from claims under the Workman’s Compensation Act and such comprehensive general liability insurance as will protect the OWNER and the ENGINEER from all claims for bodily injury, death, or property damage which may arise from the performance by the ENGINEER or by the ENGINEER’s employees of the ENGINEER’s functions and services required under this Agreement. 9. The ENGINEER will complete the final plans, specifications and contract documents and submit for approval of the OWNER, and all State regulatory agencies to meet the project schedule(s) as summarized in Exhibit 4: “Anticipated Project Schedule – 2017 Sanitary Sewer Lining Program” dated November 23, 2016. 3 SECTION B - PROFESSIONAL CONSTRUCTION ENGINEERING SERVICES The ENGINEER shall furnish professional construction engineering services as follows: 1. The ENGINEER will review, for conformance with the design concept, shop and working drawings required by the construction Contract Documents and indicate on the drawings the action taken. Such action shall be taken with reasonable promptness. 2. The ENGINEER will interpret the intent of the drawings and specifications to protect the OWNER against defects and deficiencies in construction on the part of the contractors. The ENGINEER will not, however, guarantee the performance by any contractor. 3. The ENGINEER will evaluate and determine acceptability of substitute materials and equipment proposed by Contractor(s). 4. The ENGINEER will establish baselines for locating the work together with a suitable number of bench marks adjacent to the work as shown in the contract documents. 5. The ENGINEER will provide general engineering review of the work of the contractor(s) as construction progresses to ascertain that the contactor is conforming to the design concept. (a) ENGINEER shall have authority, as the OWNER’s representative, to require special inspection of or testing of the work, and shall receive and review all certificates of inspections, testing and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents (but only to determine generally that their content complies with requirements of, and the results certified indicate compliance with, the Contract Documents). (b) During such engineering review, ENGINEER shall have the authority, as the OWNER’s representative, to disapprove of or reject contractor(s)’ work while it is in progress if ENGINEER believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the Project as reflected in the Contract Documents. 4 6. The ENGINEER will provide resident construction observation. Resident construction observation shall consist of visual inspection of materials, equipment, or construction work for the purpose of ascertaining that the work is in substantial conformance with the contract documents and with the design intent. Such observation shall not be relied upon by others as acceptance of the work. The ENGINEER’s undertaking hereunder shall not relieve the contractor of contractor’s obligation to perform the work in conformity with the drawings and specifications and in a workmanlike manner; shall not make the ENGINEER an insurer of the contractor’s performance; and shall not impose upon the ENGINEER any obligation to see that the work is performed in a safe manner. Exhibit 2 - The Limitations of Authority, Duties and Responsibilities of the Resident Construction Observer is attached to this Agreement. 7. The ENGINEER will cooperate and work closely with representatives of the OWNER. 8. Based on the ENGINEER’s on-site observations as an experienced and qualified design professional, on information provided by the Resident Construction Observer, and upon review of applications for payment with the accompanying data and schedules by the contractor, the ENGINEER: (a) Shall determine the amounts owing to contractor(s) and recommend in writing payments to contractor(s) in such amounts. Such recommendations of payment will constitute a representation to OWNER, based on such observations and review, that the work has progressed to the point indicated, and that, to the best of the ENGINEER’s knowledge, information and belief, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of such work as a functioning whole prior to or upon substantial completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation). (b) By recommending any payment, ENGINEER will not hereby be deemed to have represented that exhaustive, continuous or detailed reviews or examinations have been made by ENGINEER to check the quality or quantity of contractor(s)’ work as it is furnished and performed beyond the responsibilities specifically assigned to ENGINEER in the Agreement and the Contract Documents. ENGINEER’s review of contractor(s)’ 5 work for the purposes of recommending payments will not impose on Engineer responsibility to supervise, direct or control such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto or contractor(s) compliance with laws, rules, regulations, ordinances, codes or orders applicable to their furnishing and performing the work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes any contractor has used the moneys paid on account of the Contract Price, or to determine that title to any of the work, materials equipment has passed to OWNER free and clear of any lien, claims, security interests, or encumbrances, or that there may not be other matters at issue between OWNER and contractor that might affect the amount that should be paid. 9. The ENGINEER will prepare necessary contract change orders for approval of the OWNER, and others on a timely basis. 10. The ENGINEER will make a final review prior to the issuance of the statement of substantial completion of all construction and submit a written report to the OWNER. Prior to submitting the final pay estimate, the ENGINEER shall submit the statement of completion to and obtain the written acceptance of the facility from the OWNER. 11. The ENGINEER will provide the OWNER with one set of reproducible record (as-built) drawings, and two sets of prints at no additional cost to the OWNER. Such drawings will be based upon construction records provided by the contractor during construction and reviewed by the resident construction observer and from the resident construction observer’s construction data. 12. If State Statutes require notices and advertisements of final payment, the ENGINEER shall assist in their preparation. 13. The ENGINEER will be available to furnish engineering services and consultations necessary to correct unforeseen project operation difficulties for a period of one year after the date of statement of substantial completion of the facility. This service will include instruction of the OWNER in initial project operation and maintenance but will not include supervision of normal 6 operation of the system. Such consultation and advice shall be at the hourly rates as described in the attached Exhibit 6: Standard Schedule of Charges dated January 1, 2016. The ENGINEER will assist the OWNER in performing a review of the project during the 11th month after the date of the certificate of substantial completion. 14. The ENGINEER further agrees to obtain and maintain, at the ENGINEER’s expense, such insurance as will protect the ENGINEER from claims under the Workman’s Compensation Act and such comprehensive general liability insurance as will protect the OWNER and the ENGINEER from all claims for bodily injury, death, or property damage which may arise from the performance by the ENGINEER or by the ENGINEER’s employees of the ENGINEER’s functions and services required under this Agreement. 15. The ENGINEER will provide construction engineering services in accordance with the periods summarized in Exhibit 4: “Anticipated Project Schedule – 2017 Sanitary Sewer Lining Program” dated November 23, 2016. If the above is not accomplished within the time period specified, this Agreement may be terminated by the OWNER. The time for completion may be extended by the OWNER for a reasonable time if completion is delayed due to unforeseeable cases beyond the control and without the fault or negligence of the ENGINEER. Pursuant to Paragraph D “Changes in Rates of Compensation”, the contract shall be designated on-going consistent with the project schedule. 7 SECTION C – COMPENSATION FOR ENGINEERING SERVICES 1. The OWNER shall compensate the ENGINEER for professional design engineering services in the amount of Seven Thousand Seven Hundred Dollars – Fixed Fee (FF) ($7,700 FF) as summarized on Exhibit 3: “Estimate of Level of Effort and Associated Cost for Professional Engineering Services for 2017 Sanitary Sewer Lining” dated November 23, 2016. (a) The compensation for the professional design engineering services shall be payable as follows: (1) A sum which does not exceed ninety percent (90%) of the total compensation payable under Section C-1 shall be paid in monthly increments for work actually completed and invoiced, for grant administration and for the preparation and submission to the OWNER and/or IEPA of the construction drawings, specifications, cost estimates and contract documents. (2) A sum which, together with the compensation paid pursuant to Section C-1(a)(1) above, equals one hundred percent (100%) of the total compensation due and payable in accord with Section C-1 above, shall be due immediately after the award of construction contract(s) is approved by the corporate authorities. 2. The OWNER shall compensate the ENGINEER for the construction administration, construction staking, construction observation (including the Resident Construction Observer), and any additional consultation and surveying services on the basis of Hourly Rates (HR) as described on the attached Exhibit 6: Standard Schedule of Charges dated January 1, 2016. The estimated values are included in Exhibit 3: “Estimate of Level of Effort and Associated Cost for Professional Engineering Services for 2017 Sanitary Sewer Lining” dated November 23, 2016 and are estimated at $8,929 Hourly (HR). (a) The compensation for the construction administration, construction staking, construction observation (including the Resident Construction Observer), and any additional consultation and surveying services shall be payable as follows: 8 (1) A sum which equals any charges for work actually completed and invoiced shall be paid at least once per month. 3. The OWNER shall compensate the ENGINEER for direct expenses as identified in the contract and as noted on Exhibit 3 at the actual cost or hourly cost for the work completed. (1) A sum which equals any charges for work actually completed and invoiced shall be paid at least once per month. 4. The compensation for any additional engineering services authorized by the OWNER pursuant to Section D shall be payable as follows: (a) A sum which equals any charges for work actually completed and invoiced shall be paid at least once per month. 9 SECTION D – ADDITIONAL ENGINEERING SERVICES In addition to the foregoing being performed, the following services may be provided UPON PRIOR WRITTEN AUTHORIZATION OF THE OWNER. 1. Site surveys outside of the project limits and other similar special surveys as may be required. 2. Laboratory tests, well tests, borings, specialized geological soils hydraulic, or other studies recommended by the ENGINEER. 3. Property surveys, detailed description of sites, maps, drawings, or estimates related thereto; assistance in negotiating for land and easement rights. 4. Necessary data and filing maps for litigation, such as condemnation. 5. Redesigns ordered by the OWNER after final plans have been accepted by the OWNER and IEPA. 6. Appearances before courts or boards on matters of litigation or hearings related to the project. 7. Preparation of environmental impact assessments or environmental impact statements. 8. Making drawings from field measurements of existing facilities when required for planning additions or alterations thereto. 9. Services due to changes in the scope of the Project or its design, including but not limited to, changes in size, complexity, schedule or character of construction. 10. Revising studies or reports which have previously been approved by the OWNER, or when revisions are due to cases beyond the control of the ENGINEER. 10 11. Preparation of design documents for alternate bids where major changes require additional documents. 12. Preparation of detailed renderings, exhibits or scale models for the Project. 13. Providing special analysis of the OWNER’s needs such as owning and operating analysis, plan for operation and maintenance, OWNER’s special operating drawings or charts, and any other similar analysis. 14. The preparation of feasibility studies, appraisals and evaluations, detailed quantity surveys of material and labor, and material audits or inventories by the OWNER. 15. Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) defective or incomplete work of the contractor, and/or (3) the contractor’s default on the Construction Contract due to delinquency or insolvency. 16. Providing design services relating to future facilities, systems and equipment which are not intended to be constructed or operated as a part of the Project. 17. Providing other services not otherwise provided for in this Agreement, including services normally furnished by the OWNER as described in Section E – SPECIAL PROVISIONS – Owner’s Responsibilities. Payment for the services specified in this Section E shall be as agreed in writing between the OWNER and the ENGINEER prior to commencement of the work. The ENGINEER will render to OWNER for such services an itemized bill, separate from any other billing, once each month, for compensation for services performed hereunder during such period, the same to be due and payable by OWNER to the ENGINEER on or before the 10th day of the following period. Payment for services noted in D shall be at Actual Cost (AC), Fixed Fee (FF) or Hourly (HR). 11 SECTION E - SPECIAL PROVISIONS 1. OWNER’S RESPONSIBILITIES (a) Provide to the ENGINEER all criteria, design and construction standards and full information as to the OWNER’s requirements for the Project. (b) Designate a person authorized to act as the OWNER’s representative. The OWNER or his representative shall receive and examine documents submitted by the ENGINEER, interpret and define the OWNER’s policies and render decisions and authorizations in writing promptly to prevent unreasonable delay in the progress of the ENGINEER’s services. (c) Furnish laboratory tests, air and water pollution tests, reports and inspections of samples, materials or other items required by law or by governmental authorities having jurisdiction over this Project, or as recommended by the ENGINEER. (d) Provide legal, accounting, right-of-way acquisition and insurance counseling services necessary for the Project, legal review of the construction Contract Documents, and such auditing services as the OWNER may require to account for expenditures of sums paid to the contractor. (e) Furnish above services at the OWNER’s expense and in such manner that the ENGINEER may rely upon them in the performance of his services under this Agreement and in accordance with the Project timetable. (f) Guarantee full and free access for the ENGINEER to enter upon all property required for the performance of the ENGINEER’s services under this Agreement. (g) Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any defect in the Project or other event which may substantially affect the ENGINEER’s performance of services under this Agreement. 12 (h) Protect and preserve all survey stakes and markers placed at the project site prior to the assumption of this responsibility by the contractor and bear all costs of replacing stakes or markers damaged or removed during said time interval. 2. Delegation of Duties - Neither the OWNER nor the ENGINEER shall delegate his duties under this Agreement without the written consent of the other. 3. The ENGINEER has not been retained or compensated to provide design services relating to the contractor’s safety precautions or to means, methods, techniques, sequences, or procedures required by the contractor to perform his work but not relating to the final or completed structure. Omitted services include but are not limited to shoring, scaffolding, underpinning, temporary retainment of excavations and any erection methods and temporary bracing. 4. The ENGINEER intends to render his services under this Agreement in accordance with generally accepted professional practices for the intended use of the Project. 5. Since the ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s) methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Costs and Construction Costs provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as an experienced and qualified professional engineer, familiar with the construction industry. The ENGINEER cannot and does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost prepared by him. If prior to the bidding or negotiating phase OWNER wishes greater assurance as to project or construction costs he shall employ an independent cost-estimator. 6. Access to Records: (a) The ENGINEER agrees to include subsections E-6(b) through E-6(e) below in all contracts and all subcontracts directly related to project services which are in excess of $25,000. 13 (b) The ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance of Agency loan work under this Agreement consistent with generally accepted accounting standards in accordance with the American Institute of Certified Public Accountants Professional Standards (666 Fifth Avenue, New York, New York 10019; June 1, 1987). The Agency or any of its duly authorized representatives shall have access to such books, records, documents and other evidence for the purpose of inspection, audit and copying. The ENGINEER will provide facilities for such access and inspection. (c) Audits conducted pursuant to this provision shall be in accordance with generally accepted auditing standards. (d) The ENGINEER agrees to the disclosure of all information and reports resulting from access to records pursuant to subsection E-6(b) above, to the Agency. Where the audit concerns the ENGINEER, the auditing agency shall afford the ENGINEER an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. The final audit report will include the written comments, if any, of the audited parties. (e) Records under subsection E-6(b) above shall be maintained and made available during performance on Agency loan work under this agreement and until three years from date of final Agency loan audit for the project. In addition, those records which relate to any “dispute” appeal under an Agency loan agreement, or litigation, or the settlement of claims arising out of such performance, costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7. Covenant Against Contingent Fees - The ENGINEER warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bonafide employees. For breach or violation of this warranty, the loan recipient shall have the right to annul this agreement without liability or in its discretion to deduct from the contract price or 14 consideration or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8. Covenant Against Contingent Fees - The loan recipient warrants that no person or agency has been employed or retained to solicit or secure a PWSLP loan upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warranty, the Agency shall have the right to annul the loan or to deduct from the loan or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 9. Certification Regarding Debarment – The ENGINEER certifies that the services of anyone that has been debarred or suspended under Federal Executive Order 12549 has not, and will not, be used for work under this Agreement. 10. Affirmative Action – The ENGINEER agrees to take affirmative steps to assure that disadvantaged business enterprises are utilized when possible as sources of supplies, equipment, construction and services in accordance with the Clean Water Loan Program rules. As required by the award conditions of USEPA's Assistance Agreement with IEPA, the ENGINEER acknowledges that the fair share percentages are 5% for MBEs and 12% for WBEs. 11. The ENGINEER shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. 15 EXHIBIT 2 THE LIMITATIONS OF AUTHORITY, DUTIES AND RESPONSIBILITIES OF THE RESIDENT CONSTRUCTION OBSERVER ARE AS FOLLOWS: 1. The Resident Construction Observer shall act under the direct supervision of the ENGINEER, shall be the ENGINEER’s agent in all matters relating to on-site construction review of the contractor’s work, shall communicate only with the ENGINEER and the contractor (or contractor’s), and shall communicate with subcontractors only through the contractor or his authorized superintendent. The OWNER shall communicate with the Resident Construction Observer only through the ENGINEER. 2. The Resident Construction Observer shall review and inspect on-site construction activities of the contractor relating to portions of the Project designed and specified by the Engineer as contained in the Construction Contract Documents. 3. Specifically omitted from the Resident Construction Observer’s duties is any review of the contractor’s safety precautions, or the means, methods, sequences, or procedures required for the contractor to perform the work but not relating to the final or completed Project. Omitted design or review services include but are not limited to shoring, scaffolding, underpinning, temporary retainment of excavations and any erection methods and temporary bracing. 4. The specific duties and responsibilities of the Resident Construction Observer are enumerated as follows: (a) Schedules: Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by contractor and consult with ENGINEER concerning their acceptability. (b) Conferences: Attend preconstruction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with ENGINEER and notify those expected to attend in advance. Attend meetings and maintain and circulate copies of minutes thereof. 16 (c) Liaison: (1) Serve as ENGINEER’s liaison with contractor, working principally through contractor’s superintendent and assist him in understanding the intent of the Contract Documents. (2) Assist ENGINEER in serving as OWNER’s liaison with contractor when contractor’s operations affect OWNER’s on-site operations. (3) As requested by ENGINEER, assist in obtaining from OWNER additional details or information, when required at the job site for proper erection of the work. (d) Shop Drawings and Samples: (2) Receive and record date of receipt of Shop Drawings and samples. (3) Receive samples which are furnished at the site by contrctor, and notify ENGINEER of their availability for examination. (3) Advise ENGINEER and contractor or its superintendent immediately of the commencement of any work requiring a Shop Drawing or sample submission if the submission has not been approved by ENGINEER. (e) Review of Work, Rejection of Defective Work, Inspections and Tests: (1) Conduct on-site inspection of the work in progress to assist ENGINEER in determining if the work is proceeding in accordance with the Contract Documents and that completed work will conform to the Contract Documents. (2) Report to ENGINEER whenever he believes that any work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, test or approval required to be made or 17 has been damaged prior to final payment; and advise ENGINEER when he believes work should be corrected or rejected or should be uncovered for inspection, or requires special testing, inspection or approval. (3) Verify that tests, equipment and systems start-ups, and operating and maintenance instructions are conducted as required by the Contract Documents and in presence of the required personnel, and that contractor maintains adequate records thereof; observe, record and report to ENGINEER appropriate details relative to the test procedures and start-ups. (4) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to ENGINEER. (f) Interpretation of Contract Documents: Transmit to contractor ENGINEER’s clarifications and interpretations of the Contract Documents. (g) Modifications: Consider and evaluate contractor’s suggestions for modifications in Drawings or Specifications and report them with recommendations to ENGINEER. (h) Records: (1) Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples submissions, reproductions of original Contract Documents including all addenda, change orders, field orders, additional drawings issued subsequent to the execution of the Contract, ENGINEER’s clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. (2) Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily 18 activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Send copies to ENGINEER. (4) Record names, addresses and telephone numbers of all contractor’s, subcontractors and major suppliers of materials and equipment. (i) Reports: (1) Furnish ENGINEER periodic reports as required of progress of the work and contractor’s compliance with the approved progress schedule and schedule of Shop Drawing submissions. (2) Consult with ENGINEER in advance of schedule major tests, inspections or start of important phases of the work. (3) Report immediately to ENGINEER upon the occurrence of any accident. (j) Payment Requisitions: Review applications for payment with contractor for compliance with the established procedure for their submission and forward them with recommendations to ENGINEER, noting particularly their relation to the schedule of values, work completed and materials and equipment delivered at the site but not incorporated in the work. (k) Certificates, Maintenance and Operating Manuals: During the course of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by contractor are applicable to the items actually installed; and deliver this material to ENGINEER for his review and forwarding to OWNER prior to final acceptance of the work. (l) Completion: (1) Before ENGINEER issues a Statement of Substantial Completion, submit to contractor a list of observed items requiring completion or correction. 19 (2) Conduct final review in the company of ENGINEER, OWNER and contractor and prepare a final list of items to be completed or corrected. (3) Verify that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. ENTITY:ADMIN. WORKPRINCIPAL SENIORSENIOR SENIOR ITEM COSTWORKIN PROJECTPROJECT PROJECTPROJECT PROJECT PROJECT CAD PROJECT HOUR PERITEMCHARGE MANAGERENGINEER I ENGINEERMANAGER SURVEYOR II TECHNICIAN MANAGER TECHNICIAN ADMIN. SUMM. ITEMNO. WORK ITEM HOURLY RATE: $185 $180 $141 $129 $163 $150 $117 $163 $117 $78FINAL ENGINEERING2.1 Project Management and Administration 1 4 - 4 - - - - - - 9 1,421$ 2.2 Project Meetings1 1 - - - - - - - - 2 365$ 2.3 Bid Package, Specifications and Estimates 4 - 28 - - - - 3 - 35 4,683$ 2.4 Bidding and Contracting 1 2 - 4 - - - - - 2 9 1,217$ Final Engineering Subtotal: 3 11 - 36 - - - - 3 2 55 7,686$ CONSTRUCTION ENGINEERING3.1 Contract Administration2 6 6 14 2,224$ 3.2 Construction Layout and Record Drawings1 1 180$ 3.3 Observation and Documentation4 45 49 6,525$ Construction Engineering Subtotal: 2 11 - 51 - - - - - - 64 8,929$ PROJECT TOTAL: 5 22 - 87 - - - - 3 2 119 16,615 Printing = 250$ 16,108$ Mileage = 500$ -$ Material Testing = -$ 351$ -$ 156$ DIRECT EXPENSES = 750$ 16,615$ 17,365$ \\Milkyway\EEI_Storage\Docs\Public\Yorkville\2016\YO1630-C 2017 Sanitary Sewer Lining\PSA\[Exhibit 3 - Level of Effort.xlsx]Fee SummaryTOTAL EXPENSES = ENGINEERING SURVEYING DRAFTINGEngineering Expenses = DIRECT EXPENSESLABOR SUMMARYEnvironmental Assessment =PROJECT ROLE:Surveying Expenses = Drafting Expenses = Administrative Expenses = TOTAL LABOR EXPENSES = November 23, 2016ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST FORPROFESSIONAL ENGINEERING SERVICES FOREXHIBIT 32017 SANITARY SEWER LINING PROGRAMUnited City of Yorkville, IL WORKYear:ITEMMonth:NO. WORK ITEM Week Starting:1234123412341234123412341234123412341234FINAL DESIGN ENGINEERING2.1 Project Management and Administration2.2 Project Meetings2.3 Bid Package, Specifications and Estimates2.4 Bidding and ContractingCONSTRUCTION ENGINEERING3.1 Contract Administration3.2 Construction Layout and Record Drawings3.3 Observation and Documentation\\Milkyway\EEI_Storage\Docs\Public\Yorkville\2016\YO1630-C 2017 Sanitary Sewer Lining\PSA\[Exhibit 4 - Schedule.xls]ScheduleProject Management & QC/QA PermittingMeeting(s) Bidding and ContractingDesign Construction2016August SeptemberLegendMay JuneMarchDecemberEXHIBIT 4ANTICIPATED PROJECT SCHEDULE2017 SANITARY SEWER LINING PROGRAMUNITED CITY OF YORKVILLE, ILNovember 23, 2016January February April2017July MillBridgeFox Benjamin Van Emmon Orange HeustisMainColonial Washington S c h o o l h o u s e Hydraulic Gawne Ridge Illini Olsen Walter DydynaBellMadisonWorsleyTomasik RodakJeffersonBuhrmasterMainMainRidge Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 EXHIBIT 5 LOCATION MAP www.eeiweb.com DATE: PROJECT NO.: FILE: PATH: BY: November 2016 YO1630 YO1630_Sanitary_Sewer.mxd.MXD H:\GIS\PUBLIC\YORKVILLE\2016\ MJT ³ 500 0 500250 Feet IMPROVEMENT LIMITS SANITARY LINING Standard Schedule of Charges January 1, 2016 EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $190.00 Principal E-3 $185.00 Senior Project Manager E-2 $180.00 Project Manager E-1 $163.00 Senior Project Engineer/Planner/Surveyor II P-6 $150.00 Senior Project Engineer/Planner/Surveyor I P-5 $141.00 Project Engineer/Planner/Surveyor P-4 $129.00 Senior Engineer/Planner/Surveyor P-3 $117.00 Engineer/Planner/Surveyor P-2 $108.00 Associate Engineer/Planner/Surveyor P-1 $ 97.00 Senior Project Technician II T-6 $141.00 Senior Project Technician I T-5 $129.00 Project Technician T-4 $117.00 Senior Technician T-3 $108.00 Technician T-2 $ 97.00 Associate Technician T-1 $ 84.00 Engineering/Land Surveying Intern I-1 $ 80.00 GIS Technician G-1 $ 65.00 Administrative Assistant A-3 $ 78.00 CREW RATES, VEHICLES AND REPROGRAPHICS 1 Man Field Crew with Standard Survey Equipment $153.00 2 Man Field Crew with Standard Survey Equipment $240.00 1 Man Field Crew with RTS or GPS * $190.00 2 Man Field Crew with RTS or GPS * $276.00 Vehicle for Construction Observation $15.00 In-House Scanning and Reproduction $0.25/Sq. Ft. (Black & White) $1.00/Sq. Ft. (Color) *RTS = Robotic Total Station / GPS = Global Positioning System Summary Approval of an engineering agreement with EEI for design and construction engineering of the 2017 sanitary sewer lining program. Background The City adopted the 2017 Road to Better Road program map at the last City Council meeting. This engineering agreement would authorize EEI to design and monitor the construction of the 2017 sanitary sewer lining program. Funding for the contract is included within the FY 17 budget. The agreement is set at $7,700 for design engineering and estimate of $8,299 for construction monitoring. The map of the area set to receive lining is attached, and generally occurs in the neighborhood bound by the Fox River, Route 47 and Route 126. Recommendation Staff recommends approval of the attached engineering agreement with EEI. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: December 15, 2016 Subject: 2017 Sanitary Sewer Lining Program engineering agreement 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/320/City-Council 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 2016-82 West Washington Street Water Main Replacement Engineering Agreement Public Works Committee – December 20, 2016 Majority Approval See attached. Bart Olson Administration Name Department West Washington Street Water Main Replacement United City of Yorkville, Kendall County, IL Professional Services Agreement - Design and Construction Engineering THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred to as the "City" or “OWNER” and Engineering Enterprises, Inc. hereinafter referred to as the "Contractor" or “ENGINEER” agrees as follows: A. Services: ENGINEER agrees to furnish to the City the following services: The ENGINEER shall provide any and all necessary engineering services to the City as indicated on the included exhibits. Design and Construction engineering will be provided for approximately 910 linear feet of 8-inch water main improvements on West Washington Street (see Exhibit 5 for project limits). Engineering will be in accordance with all City, Standard Specifications for Water and Sewer Construction in Illinois, Illinois Department of Transportation, and Illinois Environmental Protection Agency requirements. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non- terminating party or upon completion of the Services. Upon termination the ENGINEER shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to ENGINEER: ENGINEER shall receive as compensation for all work and services to be performed herein, an amount based on the Estimate of Level of Effort and Associated Cost included in Exhibit 3. Design Engineering will be paid for as a Fixed Fee (FF) in the amount of $19,600 and Construction Engineering will be paid for Hourly (HR) at the actual rates for services to be performed, currently estimated at $19,541. Direct expenses are estimated at $1,425. The hourly rates for this project are shown in the attached 2016 Standard Schedule of Charges (Exhibit 6). All payments will be made according to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract is designated in Section B hereof as an Ongoing Contract, ENGINEER, on or before February 1st of any given year, shall provide written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after May 1st of that same year. West Washington Street Water Main Replacement United City of Yorkville Professional Services Agreement Design and Construction Engineering E. Ownership of Records and Documents: ENGINEER agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. ENGINEER agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the freedom of information act or if already previously disclosed by a third party. Upon termination of this agreement, ENGINEER agrees to return all such materials to the City. The City agrees not to modify any original documents produced by ENGINEER without contractors consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER’s sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER’s sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kendall County, Illinois. G. Independent Contractor: ENGINEER shall have sole control over the manner and means of providing the work and services performed under this agreement. The City’s relationship to the ENGINEER under this agreement shall be that of an independent contractor. ENGINEER will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery : The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in default for a period of six months or more in an amount of $600 or more on the repayment of any educational loan guaranteed by the Illinois State Scholarship Commission made by an Illinois institution of higher education or any other loan made from public funds for the purpose of financing higher education (5 ILCS 385/3). West Washington Street Water Main Replacement United City of Yorkville Professional Services Agreement Design and Construction Engineering Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony. Barred from Contracting : The Contractor certifies that it has not been barred from contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois Compiled Statutes 5/33E or similar law of another state. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity : The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment under the Contract, all books and records relating to the performance of the Contract and necessary to support amounts charged to the City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City and the Illinois Auditor General. If this Contract is funded from contract/grant funds provided by the U.S. Government, the Contract, books, and records shall be available for review and audit by the Comptroller General of the U.S. and/or the Inspector General of the federal West Washington Street Water Main Replacement United City of Yorkville Professional Services Agreement Design and Construction Engineering sponsoring agency. The Contractor agrees to cooperate fully with any audit and to provide full access to all relevant materials. United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in accordance with requirements imposed by the Internal Revenue Services for withholding and reporting federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen ___ Resident Alien ___ Non-Resident Alien The Internal Revenue Service requires that taxes be withheld on payments made to non resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its Federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): ___ Individual ___ Real Estate Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation ___ Trust or Estate ___ Medical and Health Care Services Provider Corp. I. Indemnification: ENGINEER shall indemnify and hold harmless the City and City’s agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by ENGINEER or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of ENGINEER or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall the either party indemnify any other party for the consequences of that party’s negligence, including failure to follow the ENGINEER’s recommendations. J. Insurance : The ENGINEER agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied) K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attachments. Except for those terms included on the attachments, no additional terms are included as a part of this agreement. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally or in any West Washington Street Water Main Replacement United City of Yorkville Professional Services Agreement Design and Construction Engineering manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of exhibits is as follows: Exhibit 1: Professional Engineering Services Exhibit 2: Limitation of Authority, Duties and Responsibilities of the Resident Construction Observer Exhibit 3: Estimate of Level of Effort and Associated Cost Exhibit 4: Anticipated Project Schedule Exhibit 5: Location Map Exhibit 6: 2016 Standard Schedule of Charges L. Notices: All notices required to be given under the terms of this agreement shall be given mail, addressed to the parties as follows: For the City: For the ENGINEER: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 800 Game Farm Road Sugar Grove Illinois 60554 Yorkville, IL 60560 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. Agreed to this _____day of __________________, 2016. United City of Yorkville: Engineering Enterprises, Inc.: _________________________________ ________________________________ Gary Golinski Brad Sanderson, P.E. Mayor Vice President _________________________________ ________________________________ Beth Warren Angie Smith City Clerk Executive Assistant 1 EXHIBIT 1 SECTION A - PROFESSIONAL DESIGN ENGINEERING SERVICES For purposes of this Exhibit 1 and all attachments hereto, the term “contractor” shall not refer to Engineering Enterprises, Inc., but shall instead refer to individuals or companies contracted with, to construct or otherwise manage the project described herein. The ENGINEER shall furnish professional design engineering services as follows: 1. The ENGINEER will attend conferences with the OWNER, or other interested parties as may be reasonably necessary. 2. The ENGINEER will perform the necessary design surveys, accomplish the detailed design of the project, prepare construction drawings, specifications and contract documents, and prepare a final cost estimate based on final design for the entire system. It is also understood that if subsurface explorations (such as borings, soil tests, rock soundings and the like) are required, the ENGINEER will furnish coordination of said explorations without additional charge, but the costs incident to such explorations shall be paid for by the OWNER as set out in Section D hereof. 3. The contract documents furnished by the ENGINEER under Section A-2 shall utilize IEPA endorsed construction contract documents, including Supplemental General Conditions, Contract Change Orders, and partial payment estimates. 4. Prior to the advertisement for bids, the ENGINEER will provide for each construction contract, not to exceed 10 copies of detailed drawings, specifications, and contract documents for use by the OWNER, appropriate Federal, State, and local agencies from whom approval of the project must be obtained. The cost of such drawings, specifications, and contract documents shall be included in the basic compensation paid to the ENGINEER. 5. The ENGINEER will furnish additional copies of the drawings, specifications and contract documents as required by prospective bidders, material suppliers, and other interested parties, but may charge them for the reasonable cost of such copies. Upon award of each contract, the 2 ENGINEER will furnish to the OWNER five sets of the drawings, specifications and contract documents for execution. The cost of these sets shall be included in the basic compensation paid to the ENGINEER. Original documents, survey notes, tracings, and the like, except those furnished to the ENGINEER by the OWNER, are and shall remain the property of the ENGINEER. 6. The drawings prepared by the ENGINEER under the provisions of Section A-2 above shall be in sufficient detail to permit the actual location of the proposed improvements on the ground. The ENGINEER shall prepare and furnish to the OWNER without any additional compensation, three copies of map(s) showing the general location of needed construction easements and permanent easements and the land to be acquired. Property surveys, property plats, property descriptions, abstracting and negotiations for land rights shall be accomplished by the OWNER, unless the OWNER requests, and the ENGINEER agrees to provide those services. In the event the ENGINEER is requested to provide such services, the ENGINEER shall be additionally compensated as set out in Section D hereof. 7. The ENGINEER will attend the bid opening and tabulate the bid proposal, make an analysis of the bids, and make recommendations for awarding contracts for construction. 8. The ENGINEER further agrees to obtain and maintain, at the ENGINEER’s expense, such insurance as will protect the ENGINEER from claims under the Workman’s Compensation Act and such comprehensive general liability insurance as will protect the OWNER and the ENGINEER from all claims for bodily injury, death, or property damage which may arise from the performance by the ENGINEER or by the ENGINEER’s employees of the ENGINEER’s functions and services required under this Agreement. 9. The ENGINEER will complete the final plans, specifications and contract documents and submit for approval of the OWNER, and all State regulatory agencies to meet the project schedule(s) as summarized in Exhibit 4: “Anticipated Project Schedule – West Washington Street Water Main Replacement” dated November 23, 2016. 3 SECTION B - PROFESSIONAL CONSTRUCTION ENGINEERING SERVICES The ENGINEER shall furnish professional construction engineering services as follows: 1. The ENGINEER will review, for conformance with the design concept, shop and working drawings required by the construction Contract Documents and indicate on the drawings the action taken. Such action shall be taken with reasonable promptness. 2. The ENGINEER will interpret the intent of the drawings and specifications to protect the OWNER against defects and deficiencies in construction on the part of the contractors. The ENGINEER will not, however, guarantee the performance by any contractor. 3. The ENGINEER will evaluate and determine acceptability of substitute materials and equipment proposed by Contractor(s). 4. The ENGINEER will establish baselines for locating the work together with a suitable number of bench marks adjacent to the work as shown in the contract documents. 5. The ENGINEER will provide general engineering review of the work of the contractor(s) as construction progresses to ascertain that the contactor is conforming to the design concept. (a) ENGINEER shall have authority, as the OWNER’s representative, to require special inspection of or testing of the work, and shall receive and review all certificates of inspections, testing and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents (but only to determine generally that their content complies with requirements of, and the results certified indicate compliance with, the Contract Documents). (b) During such engineering review, ENGINEER shall have the authority, as the OWNER’s representative, to disapprove of or reject contractor(s)’ work while it is in progress if ENGINEER believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the Project as reflected in the Contract Documents. 4 6. The ENGINEER will provide resident construction observation. Resident construction observation shall consist of visual inspection of materials, equipment, or construction work for the purpose of ascertaining that the work is in substantial conformance with the contract documents and with the design intent. Such observation shall not be relied upon by others as acceptance of the work. The ENGINEER’s undertaking hereunder shall not relieve the contractor of contractor’s obligation to perform the work in conformity with the drawings and specifications and in a workmanlike manner; shall not make the ENGINEER an insurer of the contractor’s performance; and shall not impose upon the ENGINEER any obligation to see that the work is performed in a safe manner. Exhibit 2 - The Limitations of Authority, Duties and Responsibilities of the Resident Construction Observer is attached to this Agreement. 7. The ENGINEER will cooperate and work closely with representatives of the OWNER. 8. Based on the ENGINEER’s on-site observations as an experienced and qualified design professional, on information provided by the Resident Construction Observer, and upon review of applications for payment with the accompanying data and schedules by the contractor, the ENGINEER: (a) Shall determine the amounts owing to contractor(s) and recommend in writing payments to contractor(s) in such amounts. Such recommendations of payment will constitute a representation to OWNER, based on such observations and review, that the work has progressed to the point indicated, and that, to the best of the ENGINEER’s knowledge, information and belief, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of such work as a functioning whole prior to or upon substantial completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation). (b) By recommending any payment, ENGINEER will not hereby be deemed to have represented that exhaustive, continuous or detailed reviews or examinations have been made by ENGINEER to check the quality or quantity of contractor(s)’ work as it is furnished and performed beyond the responsibilities specifically assigned to ENGINEER in the Agreement and the Contract Documents. ENGINEER’s review of contractor(s)’ 5 work for the purposes of recommending payments will not impose on Engineer responsibility to supervise, direct or control such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto or contractor(s) compliance with laws, rules, regulations, ordinances, codes or orders applicable to their furnishing and performing the work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes any contractor has used the moneys paid on account of the Contract Price, or to determine that title to any of the work, materials equipment has passed to OWNER free and clear of any lien, claims, security interests, or encumbrances, or that there may not be other matters at issue between OWNER and contractor that might affect the amount that should be paid. 9. The ENGINEER will prepare necessary contract change orders for approval of the OWNER, and others on a timely basis. 10. The ENGINEER will make a final review prior to the issuance of the statement of substantial completion of all construction and submit a written report to the OWNER. Prior to submitting the final pay estimate, the ENGINEER shall submit the statement of completion to and obtain the written acceptance of the facility from the OWNER. 11. The ENGINEER will provide the OWNER with one set of reproducible record (as-built) drawings, and two sets of prints at no additional cost to the OWNER. Such drawings will be based upon construction records provided by the contractor during construction and reviewed by the resident construction observer and from the resident construction observer’s construction data. 12. If State Statutes require notices and advertisements of final payment, the ENGINEER shall assist in their preparation. 13. The ENGINEER will be available to furnish engineering services and consultations necessary to correct unforeseen project operation difficulties for a period of one year after the date of statement of substantial completion of the facility. This service will include instruction of the OWNER in initial project operation and maintenance but will not include supervision of normal 6 operation of the system. Such consultation and advice shall be at the hourly rates as described in the attached Exhibit 6: Standard Schedule of Charges dated January 1, 2016. The ENGINEER will assist the OWNER in performing a review of the project during the 11th month after the date of the certificate of substantial completion. 14. The ENGINEER further agrees to obtain and maintain, at the ENGINEER’s expense, such insurance as will protect the ENGINEER from claims under the Workman’s Compensation Act and such comprehensive general liability insurance as will protect the OWNER and the ENGINEER from all claims for bodily injury, death, or property damage which may arise from the performance by the ENGINEER or by the ENGINEER’s employees of the ENGINEER’s functions and services required under this Agreement. 15. The ENGINEER will provide construction engineering services in accordance with the periods summarized in Exhibit 4: “Anticipated Project Schedule – West Washington Street Water Main Replacement” dated November 23, 2016. If the above is not accomplished within the time period specified, this Agreement may be terminated by the OWNER. The time for completion may be extended by the OWNER for a reasonable time if completion is delayed due to unforeseeable cases beyond the control and without the fault or negligence of the ENGINEER. Pursuant to Paragraph D “Changes in Rates of Compensation”, the contract shall be designated on-going consistent with the project schedule. 7 SECTION C – COMPENSATION FOR ENGINEERING SERVICES 1. The OWNER shall compensate the ENGINEER for professional design engineering services in the amount of Nineteen Thousand Six Hundred Dollars – Fixed Fee (FF) ($19,600 FF) as summarized on Exhibit 3: “Estimate of Level of Effort and Associated Cost for Professional Engineering Services for West Washington Street Water Main Replacement” dated November 23, 2016. (a) The compensation for the professional design engineering services shall be payable as follows: (1) A sum which does not exceed ninety percent (90%) of the total compensation payable under Section C-1 shall be paid in monthly increments for work actually completed and invoiced, for grant administration and for the preparation and submission to the OWNER and/or IEPA of the construction drawings, specifications, cost estimates and contract documents. (2) A sum which, together with the compensation paid pursuant to Section C-1(a)(1) above, equals one hundred percent (100%) of the total compensation due and payable in accord with Section C-1 above, shall be due immediately after the award of construction contract(s) is approved by the corporate authorities. 2. The OWNER shall compensate the ENGINEER for the construction administration, construction staking, construction observation (including the Resident Construction Observer), and any additional consultation and surveying services on the basis of Hourly Rates (HR) as described on the attached Exhibit 6: Standard Schedule of Charges dated January 1, 2016. The estimated values are included in Exhibit 3: “Estimate of Level of Effort and Associated Cost for Professional Engineering Services for West Washington Street Water Main Replacement” dated November 23, 2016 and are estimated at $19,541 Hourly (HR). (a) The compensation for the construction administration, construction staking, construction observation (including the Resident Construction Observer), and any additional consultation and surveying services shall be payable as follows: 8 (1) A sum which equals any charges for work actually completed and invoiced shall be paid at least once per month. 3. The OWNER shall compensate the ENGINEER for direct expenses as identified in the contract and as noted on Exhibit 3 at the actual cost or hourly cost for the work completed. (1) A sum which equals any charges for work actually completed and invoiced shall be paid at least once per month. 4. The compensation for any additional engineering services authorized by the OWNER pursuant to Section D shall be payable as follows: (a) A sum which equals any charges for work actually completed and invoiced shall be paid at least once per month. 9 SECTION D – ADDITIONAL ENGINEERING SERVICES In addition to the foregoing being performed, the following services may be provided UPON PRIOR WRITTEN AUTHORIZATION OF THE OWNER. 1. Site surveys outside of the project limits and other similar special surveys as may be required. 2. Laboratory tests, well tests, borings, specialized geological soils hydraulic, or other studies recommended by the ENGINEER. 3. Property surveys, detailed description of sites, maps, drawings, or estimates related thereto; assistance in negotiating for land and easement rights. 4. Necessary data and filing maps for litigation, such as condemnation. 5. Redesigns ordered by the OWNER after final plans have been accepted by the OWNER and IEPA. 6. Appearances before courts or boards on matters of litigation or hearings related to the project. 7. Preparation of environmental impact assessments or environmental impact statements. 8. Making drawings from field measurements of existing facilities when required for planning additions or alterations thereto. 9. Services due to changes in the scope of the Project or its design, including but not limited to, changes in size, complexity, schedule or character of construction. 10. Revising studies or reports which have previously been approved by the OWNER, or when revisions are due to cases beyond the control of the ENGINEER. 10 11. Preparation of design documents for alternate bids where major changes require additional documents. 12. Preparation of detailed renderings, exhibits or scale models for the Project. 13. Providing special analysis of the OWNER’s needs such as owning and operating analysis, plan for operation and maintenance, OWNER’s special operating drawings or charts, and any other similar analysis. 14. The preparation of feasibility studies, appraisals and evaluations, detailed quantity surveys of material and labor, and material audits or inventories by the OWNER. 15. Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) defective or incomplete work of the contractor, and/or (3) the contractor’s default on the Construction Contract due to delinquency or insolvency. 16. Providing design services relating to future facilities, systems and equipment which are not intended to be constructed or operated as a part of the Project. 17. Providing other services not otherwise provided for in this Agreement, including services normally furnished by the OWNER as described in Section E – SPECIAL PROVISIONS – Owner’s Responsibilities. Payment for the services specified in this Section E shall be as agreed in writing between the OWNER and the ENGINEER prior to commencement of the work. The ENGINEER will render to OWNER for such services an itemized bill, separate from any other billing, once each month, for compensation for services performed hereunder during such period, the same to be due and payable by OWNER to the ENGINEER on or before the 10th day of the following period. Payment for services noted in D shall be at Actual Cost (AC), Fixed Fee (FF) or Hourly (HR). 11 SECTION E - SPECIAL PROVISIONS 1. OWNER’S RESPONSIBILITIES (a) Provide to the ENGINEER all criteria, design and construction standards and full information as to the OWNER’s requirements for the Project. (b) Designate a person authorized to act as the OWNER’s representative. The OWNER or his representative shall receive and examine documents submitted by the ENGINEER, interpret and define the OWNER’s policies and render decisions and authorizations in writing promptly to prevent unreasonable delay in the progress of the ENGINEER’s services. (c) Furnish laboratory tests, air and water pollution tests, reports and inspections of samples, materials or other items required by law or by governmental authorities having jurisdiction over this Project, or as recommended by the ENGINEER. (d) Provide legal, accounting, right-of-way acquisition and insurance counseling services necessary for the Project, legal review of the construction Contract Documents, and such auditing services as the OWNER may require to account for expenditures of sums paid to the contractor. (e) Furnish above services at the OWNER’s expense and in such manner that the ENGINEER may rely upon them in the performance of his services under this Agreement and in accordance with the Project timetable. (f) Guarantee full and free access for the ENGINEER to enter upon all property required for the performance of the ENGINEER’s services under this Agreement. (g) Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any defect in the Project or other event which may substantially affect the ENGINEER’s performance of services under this Agreement. 12 (h) Protect and preserve all survey stakes and markers placed at the project site prior to the assumption of this responsibility by the contractor and bear all costs of replacing stakes or markers damaged or removed during said time interval. 2. Delegation of Duties - Neither the OWNER nor the ENGINEER shall delegate his duties under this Agreement without the written consent of the other. 3. The ENGINEER has not been retained or compensated to provide design services relating to the contractor’s safety precautions or to means, methods, techniques, sequences, or procedures required by the contractor to perform his work but not relating to the final or completed structure. Omitted services include but are not limited to shoring, scaffolding, underpinning, temporary retainment of excavations and any erection methods and temporary bracing. 4. The ENGINEER intends to render his services under this Agreement in accordance with generally accepted professional practices for the intended use of the Project. 5. Since the ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s) methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Costs and Construction Costs provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as an experienced and qualified professional engineer, familiar with the construction industry. The ENGINEER cannot and does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost prepared by him. If prior to the bidding or negotiating phase OWNER wishes greater assurance as to project or construction costs he shall employ an independent cost-estimator. 6. Access to Records: (a) The ENGINEER agrees to include subsections E-6(b) through E-6(e) below in all contracts and all subcontracts directly related to project services which are in excess of $25,000. 13 (b) The ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance of Agency loan work under this Agreement consistent with generally accepted accounting standards in accordance with the American Institute of Certified Public Accountants Professional Standards (666 Fifth Avenue, New York, New York 10019; June 1, 1987). The Agency or any of its duly authorized representatives shall have access to such books, records, documents and other evidence for the purpose of inspection, audit and copying. The ENGINEER will provide facilities for such access and inspection. (c) Audits conducted pursuant to this provision shall be in accordance with generally accepted auditing standards. (d) The ENGINEER agrees to the disclosure of all information and reports resulting from access to records pursuant to subsection E-6(b) above, to the Agency. Where the audit concerns the ENGINEER, the auditing agency shall afford the ENGINEER an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. The final audit report will include the written comments, if any, of the audited parties. (e) Records under subsection E-6(b) above shall be maintained and made available during performance on Agency loan work under this agreement and until three years from date of final Agency loan audit for the project. In addition, those records which relate to any “dispute” appeal under an Agency loan agreement, or litigation, or the settlement of claims arising out of such performance, costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7. Covenant Against Contingent Fees - The ENGINEER warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bonafide employees. For breach or violation of this warranty, the loan recipient shall have the right to annul this agreement without liability or in its discretion to deduct from the contract price or 14 consideration or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8. Covenant Against Contingent Fees - The loan recipient warrants that no person or agency has been employed or retained to solicit or secure a PWSLP loan upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warranty, the Agency shall have the right to annul the loan or to deduct from the loan or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 9. Certification Regarding Debarment – The ENGINEER certifies that the services of anyone that has been debarred or suspended under Federal Executive Order 12549 has not, and will not, be used for work under this Agreement. 10. Affirmative Action – The ENGINEER agrees to take affirmative steps to assure that disadvantaged business enterprises are utilized when possible as sources of supplies, equipment, construction and services in accordance with the Clean Water Loan Program rules. As required by the award conditions of USEPA's Assistance Agreement with IEPA, the ENGINEER acknowledges that the fair share percentages are 5% for MBEs and 12% for WBEs. 11. The ENGINEER shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. 15 EXHIBIT 2 THE LIMITATIONS OF AUTHORITY, DUTIES AND RESPONSIBILITIES OF THE RESIDENT CONSTRUCTION OBSERVER ARE AS FOLLOWS: 1. The Resident Construction Observer shall act under the direct supervision of the ENGINEER, shall be the ENGINEER’s agent in all matters relating to on-site construction review of the contractor’s work, shall communicate only with the ENGINEER and the contractor (or contractor’s), and shall communicate with subcontractors only through the contractor or his authorized superintendent. The OWNER shall communicate with the Resident Construction Observer only through the ENGINEER. 2. The Resident Construction Observer shall review and inspect on-site construction activities of the contractor relating to portions of the Project designed and specified by the Engineer as contained in the Construction Contract Documents. 3. Specifically omitted from the Resident Construction Observer’s duties is any review of the contractor’s safety precautions, or the means, methods, sequences, or procedures required for the contractor to perform the work but not relating to the final or completed Project. Omitted design or review services include but are not limited to shoring, scaffolding, underpinning, temporary retainment of excavations and any erection methods and temporary bracing. 4. The specific duties and responsibilities of the Resident Construction Observer are enumerated as follows: (a) Schedules: Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by contractor and consult with ENGINEER concerning their acceptability. (b) Conferences: Attend preconstruction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with ENGINEER and notify those expected to attend in advance. Attend meetings and maintain and circulate copies of minutes thereof. 16 (c) Liaison: (1) Serve as ENGINEER’s liaison with contractor, working principally through contractor’s superintendent and assist him in understanding the intent of the Contract Documents. (2) Assist ENGINEER in serving as OWNER’s liaison with contractor when contractor’s operations affect OWNER’s on-site operations. (3) As requested by ENGINEER, assist in obtaining from OWNER additional details or information, when required at the job site for proper erection of the work. (d) Shop Drawings and Samples: (2) Receive and record date of receipt of Shop Drawings and samples. (3) Receive samples which are furnished at the site by contrctor, and notify ENGINEER of their availability for examination. (3) Advise ENGINEER and contractor or its superintendent immediately of the commencement of any work requiring a Shop Drawing or sample submission if the submission has not been approved by ENGINEER. (e) Review of Work, Rejection of Defective Work, Inspections and Tests: (1) Conduct on-site inspection of the work in progress to assist ENGINEER in determining if the work is proceeding in accordance with the Contract Documents and that completed work will conform to the Contract Documents. (2) Report to ENGINEER whenever he believes that any work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, test or approval required to be made or 17 has been damaged prior to final payment; and advise ENGINEER when he believes work should be corrected or rejected or should be uncovered for inspection, or requires special testing, inspection or approval. (3) Verify that tests, equipment and systems start-ups, and operating and maintenance instructions are conducted as required by the Contract Documents and in presence of the required personnel, and that contractor maintains adequate records thereof; observe, record and report to ENGINEER appropriate details relative to the test procedures and start-ups. (4) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to ENGINEER. (f) Interpretation of Contract Documents: Transmit to contractor ENGINEER’s clarifications and interpretations of the Contract Documents. (g) Modifications: Consider and evaluate contractor’s suggestions for modifications in Drawings or Specifications and report them with recommendations to ENGINEER. (h) Records: (1) Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples submissions, reproductions of original Contract Documents including all addenda, change orders, field orders, additional drawings issued subsequent to the execution of the Contract, ENGINEER’s clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. (2) Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily 18 activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Send copies to ENGINEER. (4) Record names, addresses and telephone numbers of all contractor’s, subcontractors and major suppliers of materials and equipment. (i) Reports: (1) Furnish ENGINEER periodic reports as required of progress of the work and contractor’s compliance with the approved progress schedule and schedule of Shop Drawing submissions. (2) Consult with ENGINEER in advance of schedule major tests, inspections or start of important phases of the work. (3) Report immediately to ENGINEER upon the occurrence of any accident. (j) Payment Requisitions: Review applications for payment with contractor for compliance with the established procedure for their submission and forward them with recommendations to ENGINEER, noting particularly their relation to the schedule of values, work completed and materials and equipment delivered at the site but not incorporated in the work. (k) Certificates, Maintenance and Operating Manuals: During the course of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by contractor are applicable to the items actually installed; and deliver this material to ENGINEER for his review and forwarding to OWNER prior to final acceptance of the work. (l) Completion: (1) Before ENGINEER issues a Statement of Substantial Completion, submit to contractor a list of observed items requiring completion or correction. 19 (2) Conduct final review in the company of ENGINEER, OWNER and contractor and prepare a final list of items to be completed or corrected. (3) Verify that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. ENTITY:ADMIN. WORKPRINCIPAL SENIORSENIOR SENIOR SENIOR ITEM COSTWORKIN PROJECTPROJECT PROJECTPROJECT PROJECT PROJECT CAD PROJECT HOUR PERITEMCHARGE MANAGERENGINEER I ENGINEERMANAGER SURVEYOR II TECHNICIAN MANAGER TECHNICIAN I ADMIN. SUMM. ITEMNO. WORK ITEM HOURLY RATE: $185 $180 $141 $129 $163 $150 $117 $163 $129 $78FINAL ENGINEERING2.1 Project Management and Administration 1 4 2 - - - - - - - 7 1,187$ 2.2 Project Meetings- 4 4 - - - - - - - 8 1,284$ 2.3 Topographic Survey - - - - 8 8 - - - - 16 2,504$ 2.4 Utility Coordination- 1 1 2 - - - - - - 4 579$ 2.5 Final Plans, Specifications and Estimates 1 8 22 14 - - - 6 34 - 85 11,897$ 2.6 Permitting- - 2 - - - - - - - 2 282$ 2.7 Bidding and Contracting - 2 8 - - - - - - 5 15 1,878$ Final Engineering Subtotal: 2 19 39 16 8 8 - 6 34 5 137 19,611$ CONSTRUCTION ENGINEERING3.1 Contract Administration2 12 8 - - - - - - - 22 3,658$ 3.2 Construction Layout and Record Drawings- - 2 - 1 5 8 - - - 16 2,131$ 3.3 Observation and Documentation3 9 81 - - - - - - 2 95 13,752$ Construction Engineering Subtotal: 5 21 91 - 1 5 8 - - 2 133 19,541$ PROJECT TOTAL: 7 40 130 16 9 13 8 6 34 7 270 39,152 Printing = 250$ 28,889$ Mileage = 675$ 4,353$ Material Testing = -$ 5,364$ 500$ 546$ DIRECT EXPENSES = 1,425$ 39,152$ 40,577$ \\Milkyway\EEI_Storage\Docs\Public\Yorkville\2016\YO1629-P West Washington Street Water Main Replacement\PSA\[Exhibit 3 - Level of Effort.xlsx]Fee SummaryTOTAL EXPENSES = ENGINEERING SURVEYING DRAFTINGEngineering Expenses = DIRECT EXPENSESLABOR SUMMARYEnvironmental Assessment =PROJECT ROLE:Surveying Expenses = Drafting Expenses = Administrative Expenses = TOTAL LABOR EXPENSES = November 23, 2016ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST FORPROFESSIONAL ENGINEERING SERVICES FOREXHIBIT 3WEST WASHINGTON STREET WATER MAIN REPLACEMENTUnited City of Yorkville, IL WORKYear:ITEMMonth:NO. WORK ITEM Week Starting:1234123412341234123412341234123412341234FINAL DESIGN ENGINEERING2.1 Project Management and Administration2.2 Project Meetings2.3 Topographic Survey2.4 Utility Coordination2.5 Final Plans, Specifications and Estimates2.6 Permitting2.7 Bidding and ContractingCONSTRUCTION ENGINEERING3.1 Contract Administration3.2 Construction Layout and Record Drawings3.3 Observation and Documentation\\Milkyway\EEI_Storage\Docs\Public\Yorkville\2016\YO1629-P West Washington Street Water Main Replacement\PSA\[Exhibit 4 - Schedule.xls]ScheduleProject Management & QC/QA PermittingMeeting(s) Bidding and ContractingDesign ConstructionJuly AugustLegendMay JuneMarchNovember DecemberEXHIBIT 4ANTICIPATED PROJECT SCHEDULEWEST WASHINGTON STREET WATER MAIN REPLACEMENTUNITED CITY OF YORKVILLE, ILNovember 23, 2016January February April20162017 Fox MainBridgeStateRidge OrangeMorgan AdrianMadison Blaine Van Emmon AdamsDolph BellS c h o olh o u s e Wa s h in g t o n Beecher JeffersonMorganMainStateDolph Washington Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 IMPROVEMENT LIMITS WATER EXHIBIT 5 LOCATION MAP www.eeiweb.com DATE: PROJECT NO.: FILE: PATH: BY: November 2016 YO1629 YO1629_Exhibit 5.mxd.MXD H:\GIS\PUBLIC\YORKVILLE\2016\ MJT ³ 300 0 300150 Feet 909.5' Standard Schedule of Charges January 1, 2016 EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $190.00 Principal E-3 $185.00 Senior Project Manager E-2 $180.00 Project Manager E-1 $163.00 Senior Project Engineer/Planner/Surveyor II P-6 $150.00 Senior Project Engineer/Planner/Surveyor I P-5 $141.00 Project Engineer/Planner/Surveyor P-4 $129.00 Senior Engineer/Planner/Surveyor P-3 $117.00 Engineer/Planner/Surveyor P-2 $108.00 Associate Engineer/Planner/Surveyor P-1 $ 97.00 Senior Project Technician II T-6 $141.00 Senior Project Technician I T-5 $129.00 Project Technician T-4 $117.00 Senior Technician T-3 $108.00 Technician T-2 $ 97.00 Associate Technician T-1 $ 84.00 Engineering/Land Surveying Intern I-1 $ 80.00 GIS Technician G-1 $ 65.00 Administrative Assistant A-3 $ 78.00 CREW RATES, VEHICLES AND REPROGRAPHICS 1 Man Field Crew with Standard Survey Equipment $153.00 2 Man Field Crew with Standard Survey Equipment $240.00 1 Man Field Crew with RTS or GPS * $190.00 2 Man Field Crew with RTS or GPS * $276.00 Vehicle for Construction Observation $15.00 In-House Scanning and Reproduction $0.25/Sq. Ft. (Black & White) $1.00/Sq. Ft. (Color) *RTS = Robotic Total Station / GPS = Global Positioning System Summary Approval of an engineering agreement with EEI for design and construction engineering of the West Washington Street water main replacement. Background The City adopted the 2017 Road to Better Road program map at the last City Council meeting. This engineering agreement would authorize EEI to design and monitor the construction of the West Washington Street water main replacement, which will be the largest component of Road to Better Road expenditures within the FY 18 budget. Funding for the contract is included within the FY 17 budget. The agreement is set at $19,600 for design engineering and estimate of $19,541 for construction monitoring. The map of the area set to receive lining is attached. Recommendation Staff recommends approval of the attached engineering agreement with EEI. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: December 15, 2016 Subject: West Washington Street Water Main Replacement engineering agreement 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/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #6 Tracking Number PW 2016-83 Hamman – USPS Water Main Public Works Committee – December 20, 2016 Consideration of Approval Acceptance Consideration Brad Sanderson Engineering Name Department The developer has requested that the City accept the public improvements within the project for ownership and maintenance. At this time all work related to the public improvements, including punch list work has been completed. Attached is the draft Bill of Sale for the development. We will forward the document to the developer for execution. We recommend that the public improvements as described in the Bill of Sale be accepted for ownership and maintenance by the City. Normally with final acceptance, a performance guarantee (cash, LOC or bond) equal to 10% of the original security value is to be on file with the City Clerk for a period of one year. Since the improvements have been constructed and functional for quite some time, we are recommending full release of the existing security ($3,774.09). Upon City Council approval of the acceptance and the receipt of the executed Bill of Sale, the existing security may then be released. If you have any questions or require additional information, please call. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Lisa Pickering, Deputy City Clerk Date: December 1, 2016 Subject: Hamman – USPS Water Main 1 BILL OF SALE Seller, _______________, in consideration of One and 00/100th Dollar ($1.00), receipt hereby acknowledged, does hereby sell, assign, transfer and convey to the Buyer, the United City of Yorkville, an Illinois municipal corporation, at 800 Game Farm Road, Yorkville, Illinois 60560, the following personal property to wit described in Exhibit A attached hereto for the development known as Hamman – USPS Watermain, and generally shown on Exhibit B. Seller hereby represents and warrants to Buyer that Seller is the absolute owner of said property, that said property is free and clear of all liens, charges and encumbrances, and that Seller has full right, power, and authority to sell said property and to make this Bill of Sale. IN WITNESS WHEREOF, Seller has signed and sealed this Bill of Sale at ___________________________________, this _____ day of _______________, 20__. Subscribed and Sworn to before me this _____ day of _____________, 20__. _______________________ Notary Public EXHIBIT A HAMMAN - USPS WATER MAIN UNITED CITY OF YORKVILLE UNIT QUANTITY FOOT 511 FOOT 15 EACH 1 EACH 1 UTILITIES WATER MAIN CONSTRUCTION 10" CLASS 52 DI WM W/ POLYETHYLENEWRAP 6" CLASS 52 DI WM W/ POLYETHYLENEWRAP FIRE HYDRANT W/ AUXILIARY VALVE 10" VALVE VAULT 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/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #7 Tracking Number PW 2016-84 Well No. 3 Update Public Works Committee – December 20, 2016 Consideration of Approval to Abandon Well Consideration of Abandoning the Well Brad Sanderson Engineering Name Department The City Council at the August 23, 2016 meeting authorized Layne to pull the pump and motor and televise the well. Layne has completed the work and has provided the well televising report. The purpose of this memo is to provide comment on the report and to discuss long term options for Well No. 3. Background: Well No. 3 historically produces 600-650 gpm and is currently used as a back-up water source. It is also known as a “sand pumper”. The volume of sand that is produced by the well is considered to be high and is directly attributable to the more frequent rehabilitations of this well. A sand separator is utilized to capture the sand from the well prior to entering the system. The separator in the past has had to be replaced frequently when the well was more heavily used. By comparison, the City’s other wells produce 1,000 gpm each. Well No. 3’s history is summarized below:  Past (Through Discussion With Tom Healy of Layne Western)  1960 Well Drilled; Utilized Westinghouse/US Motors  1972 Installed Rebuilt Byron Jackson Motor (BJ)  1983 Possible Well Rehabilitation (Records Not Clear)  1991 Well Development; Installed 175 HP BJ  1998 Motor OK; Bowls Worn Badly; Pump Rebuilt  Recent Past (2004 – 2009)  2004 Motor Failure; Installed 200 HP rebuilt BJ motor; Corrosion of 16” Casing evident  2008 Pump Pulled due to Motor Issue; Installed 150 HP BJ Rebuilt Motor; Rebuilt Bowl Assembly;  2009 Pump Pulled; Bowl Assembly Badly Worn and was Rebuilt; Well No. 3’s recent repair costs have been as follows:  2004 $89,234  New 200 HP Type H Rebuilt BJ Motor; Replaced 9 Stage – 11 MQH BJ Bowl Assembly  2008 $99,617  New 150 HP 14” Type H Rebuilt BJ Motor; Rebuilt BJ Bowl Assembly; 12 – 8” Line Pipe Segments Were Cut & Rethread; Replacement of 5 Couplings; Replacement of 8” Surge Valve  2009 $21,216  Pump Rebuilt Rehabilitation/Repair of the Well tends to be on a 4 – 7 Year Cycle. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Lisa Pickering, Deputy City Clerk Date: December 12, 2016 Subject: Well No. 3 Question Presented: Should the City consider rehabilitating well and keep it part of the water system or should the City consider abandoning the well? Discussion: The televising of the well indicates that the bottom of the casing is in poor condition. There are major chunks of steel that have fully deteriorated away. A casing pipe in poor condition makes it difficult (sometimes impossible) to install and pull equipment in and out of the well. Layne recommends installing a new casing within the existing if this well were to be put back in service. The installation of a new casing would require a new pump and motor as the existing components would not fit within the new casing. Layne is estimating that the new casing, pump and motor and associated labor could approach $200,000. As noted above, Well No. 3 has been used minimally in the past several years. Per our needs assessment calculations, a new well will be needed if we choose to abandon Well 3 as follows:  Current Trends (CT) Water Use  With Well No. 3 Active: 2028 (12 Years)  Without Well No. 3: 2023 (7 Years)  Less Resource Intensive (LRI) Water Use  With Well No. 3 Active: 2034 (18 Years)  Without Well No. 3: 2030 (14 Years) As you know, per capita water use trends are generally going down. Therefore, it is probably a reasonable assumption that we would need another well in 8 – 10 years. Action Required: Staff is recommending that the well be abandoned at this time for the following reasons: 1. Condition of the casing 2. High cost to make well usable 3. Rehabilitation history / sand pumping 4. Low production 5. Location There are costs associated with abandoning the well. Layne has provided an estimate on the well alone. They are summarized below: Well Abandonment $35,500 - $38,500 Salvage Value of Misc. Equip. ($1,894) Credit Pump and Motor Decommissioning $13,800 (Note Layne has offered to purchase; net cost could be $0) The costs to abandon the Well No. 3 building have not been determined at this time. This would be addressed sometime in early 2017. Staff is seeking support from the City Council to move forward with the Well No. 3 abandonment. DOWNHOLE VIDEO SURVEY REPORT 721 W. Illinois Avenue; Aurora, IL 60506 | Office: 630-897-6941 | Fax: 630-897-6976 | layne.com 1 Date: 11/14/16 Client: UNITED CITY OF YORKVILLE Project Number: 43179 Well No: 3 S.W.L. 340’ Location: DOWNTOWN, JUST WEST OF ROUTE 47 County: KENDALL City: YORKVILLE State: IL Sec: Twp: Range: DVD Made: Yes X No Well Back flushed NO Original Well Description 16” CASING TO 430’; 15” HOLE: 430’ TO 725’; 12” LINER (SLOTTED): 725’ – 811’; 12” HOLE: 811’ TO 1335 TD. Depth Description 340’ STATIC WATER LEVEL 725’ TOP OF 12” LINER (SOME PRIMACORD STUCK BEHIND TOP) 811’ BOTTOM OF 12” LINER – SLOTS STILL IN GOOD CONDITION 1298’ TOTAL DEPTH >> 37’ of fill. Additional Remarks and Recommendations • 40’ TO 45’ (±) – LOOSE PIPE SCALE • 116’ TO 180’ (±) – SIGNIFICANT AMOUNT OF LOOSE PIPE SCALE • 280’ TO 295’ (±) – MODERATE AMOUNT OF LOOSE PIPE SCALE • 305’ – BROWNISH BUILDUP STARTS, WITH MASSIVE LOOSE PIPE SCALE • 413’ – POSSIBLE SMALL HOLES IN CASING • 418’ – 2 LARGE HOLES IN CASING • 419’ TO 430’ (BOTTOM OF 16” CASING) – LARGE SPOTS OF STEEL ARE MISSING (TOP OF ST. PETER SANDSTONE) • 824’ TO 934’ – HARD TO MEDIUM LIMESTONE VERY FRACTURED AND CREVICED • 938’ – VERY LARGE FRACTURE – SAND LAYING IN LEDGES • 1143’ TO 1147’ – VERY LARGE FRACTURE – SAND LAYING IN LEDGES • 1298’ – TOTAL DEPTH (BOTTOM 100’ (±))OF OPEN HOLE QUITE IRREGULARLY SHAPED) (Continued on Page 2) DOWNHOLE VIDEO SURVEY REPORT 721 W. Illinois Avenue; Aurora, IL 60506 | Office: 630-897-6941 | Fax: 630-897-6976 | layne.com 2 (Continued from Page 1)  LARGE CREVICES/FRACTURES: 452’ – 508’ – 558’ – 575’ – 579’ – 817’ – 824’ – 827’ – 834’ TO 840’ (VERTICAL) – 852’ TO 855’ (VERTICAL) - 868’ – 910’ – 912’ - 918’ (HUGE) – 934’ (HUGE) – 942’ – 944’ – 1114’ – 1124’ – 1130’ – 1163’ – 1168’ - 1176’ – 1178’ – 1183’ – 1194’ – 1199’ – 1204’ – 1218’ – 1220’ – 1225’ – 1228’ – 1231’ – 1235’ – 1240’ – 1245’ – 1250’ – 1260’ – 1265’ – 1277’ – 1281’ – 1286’ – 1296’ Technician JOHN GELTZ Account Manager MIKE MCDONALD Project Manager TOM HEALY Operations Review 721 W. ILLINOIS AVE. AURORA, IL 60506 630.897.6941 PHONE 630.897.6976 FAX CLIENT: Yorkville, IL PROJECT.: Well No. 3 Abandonment LAYNE PROJECT NO. DATE: November 30, 2016 ENGINEER: Thomas P. Healy, P.E. Layne Christensen 721 W. Illinois Ave. Aurora, IL 60506 630.897.6941 ph 630.897.6976 fax Stratigraphic Column Well Construction Identification 14 ft 40 ft 80 ft 415 ft 733 ft 1200ft 1333’ 20” OD steel casing Cement Grout 2016 SWL = 340’ 16” OD steel casing Cement Grout Bentonite chips backfill from 450ft. to 2ft. 15” diameter borehole Disinfected pea gravel 700’ to 450’ 12” steel liner from 700’ to 811’ Bentonite Chips from 825’ to 700’ 12” diameter borehole Disinfected Pea Gravel 825’ to total depth Current Total Depth 1,298 feet Note: Not to scale. All depths are obtained from attached well construction information. Glacial Drift Niagaran Maquoketa Shale Galena Platteville St. Peter Prairie du Chien 14 feet 430 feet 1335 feet 1045 feet Galesville 721 W. Illinois Avenue; Aurora, IL 60506 | Office: 630-897-6941 | Fax: 630-897-6976 | layne.com 1 December 8, 2016 United City of Yorkville c/o Brad Sanderson, P.E. Engineering Enterprises 52 Wheeler Road Sugar Grove, IL 60554 RE: United City of Yorkville Well No. 3 Dear Brad: Per our conference call, we are pleased to submit our proposal to properly abandon the City’s Well No. 3. The proper abandonment of Well No. 3 would fall under the jurisdiction of the Kendall County Health Department (KCHD) and must be performed by an Illinois Licensed Water Well Contractor. In a typical well abandonment project, we would contact KCHD ahead of time to obtain their approval of our proposed plugging procedure. For this estimate, we assume the following procedure would be suitable to KCHD: • Backfill with disinfected pea gravel from the existing depth of 1,298 feet to 825 feet, or just below the bottom of the 12” liner. • Backfill the well with bentonite chips from 825 feet to 700 feet, the necessary plug to isolate the St. Peter and Galesville sandstones. • Backfill with disinfected pea gravel from 700 feet to approximately 450 feet, or 20 feet below the 16” well casing. • Backfill from 450 feet to ground level with bentonite chips. Prior to the commencement of the well abandonment work, KCHD would be contacted at least 48 hours in advance so that they can witness all or part of the abandonment. Following the completion of the work, Layne, as an Illinois Licensed Water Well Contractor, would fill out and submit the necessary Water Well Sealing Form. Based upon the above abandonment procedure, the total cost would be in the range of $35,500.00 to $38,500.00. As you know, the 150 HP Byron Jackson Type H submersible pump was pulled so that the television survey could be performed. The pump is currently in storage in our Aurora, Illinois yard. Should the United City of Yorkville c/o Brad Sanderson, P.E. Engineering Enterprises, Inc. December 8, 2016 Page 2 2 final decision be made to abandon Well No. 3, this pump would need to be disposed of properly since it is smaller than any of the other city well pumps. We have estimated needing 48,000 lbs. of bentonite chips and 44 tons of disinfected pea gravel. For more or less of these quantities, we would add or deduct $0.27/lb. and $70.00/ton, respectively. Due to the July, 2012 IEPA legislation concerning mercury seals in motors, the 150 HP Byron Jackson submersible motor must be properly decommissioned. As the Byron Jackson dealer in northern Illinois, Layne strongly recommends the use of Flowserve/Byron Jackson’s authorized decommissioning subcontractor, Bethlehem Apparatus. Bethlehem Apparatus would receive the motor in its present condition, completely disassemble the motor, and decommission all motor parts such that they can attest to the fact that 99.9% of the mercury has been removed and disposed of properly. An official certificate would be provided to the City to back up this documentation. Without this documentation, the City would have no clue if the disposal was done properly, opening itself up for the possibility of future repercussions. Including the truck freight to Pennsylvania for this work, the total cost of the motor decommissioning would be $13,800.00. Since Layne would see some value in this motor for use in a possible temporary test pump installation in the future, we could offer to completely credit this decommissioning cost if ownership of the motor is turned over to Layne. We would not be able to provide any additional credits over and above the savings in the decommissioning costs, since this motor cannot be resold. If Layne were to be awarded the well abandonment project, we could also offer salvage value for the 8” column pipe, power cable, and the 9 Stage – 11MQL Byron Jackson cast iron bowl assembly. Again, there is very little resale value, so we are essentially talking about the scrap value for these components, and/or used in possible test pump applications. From our best estimation, this would fall in the range of $1,894.00 that would be applied as a credit to the well abandonment costs above. We appreciate the opportunity to be able to provide these estimates. If you have any questions, please don’t hesitate to give us a call. Yours very truly, Thomas P. Healy Thomas P. Healy, P.E. Manager of Projects Layne Christensen Company TPH/mcw 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/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #8 Tracking Number PW 2016-85 Solid Waste – RFP Results Public Works Committee – December 20, 2016 Majority Approval See attached. Bart Olson Administration Name Department Summary Discussion of the proposals received for the City’s Solid Waste RFP. Background The city went out for Request for Proposal on October 3, 2016. Five proposals were received on November 3, 2016 from Advanced Disposal, Environmental Recycling and Disposal Service, Groot, Republic and Waste Management. A summary of the pricing results are attached. Two companies, Advanced Disposal and Groot, submitted bids for services that are a significant savings (approximately 15%) over our current contract and for better service, and cheaper than Oswego’s contract extension. The City’s current contract expires on April 30, 2017 and the current rate is $19.25. Advanced Disposal bid a three-tier pricing structure outlining prices for a 33 gallon, 65 gallon and 96 gallon toter and Groot did one-tier for all sizes of toters. Advanced Disposals 33 gallon price is $35 cheaper for a resident than Groot’s over a five year period. Advanced Disposal’s 65 gallon price is $0.24 cheaper for a resident than Groot’s over a five year period. Advanced Disposal’s 96 gallon price is $28 more expensive for a resident than Groot’s over a five year period. Advanced Disposal included free composting in yard waste bags during yard waste pickup season, but did not offer composting over the winter months. Groot’s proposal was for year-round composting at a $10 fee per month. Groot approached the City post-bid opening and offered to give the City tipping fees for refuse and recycling collected. This amount was roughly $14,000 annually, but I did not consider it valid because it was not included in the written submittal and it was submitted after the bid opening. Recommendation Staff recommends moving forward with a new contract with Advanced Disposal because they are cheaper in aggregate (33 gal, 65 gal and 96 added together) and cheaper in two out of the three individual categories. Additionally, the City would not have to go through a hauler transition. If the Committee and the City Council agrees, staff would draft a contract for approval at a City Council meeting in January. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: December 15, 2016 Subject: Solid Waste RFP PUBLIC SECTOR SOLUTIONS Solid Waste Collection Services City of Yorkville November 3, 2016, 10:00 am Vaughn Kuerschner, Public Sector Sales Representative VKuersc1@wm.com | 847 980 7648 Original City of Yorkville Solid Waste Collection Services November 3, 2016 i Table of Contents Table of Contents .......................................................................................................... i Cover Letter ................................................................................................................ 1 Certificate of Authority .................................................................................................. 2 Proposal/Contract Form .................................................................................................. 3 Vendor W-9 Request Form ............................................................................................... 4 Proposer’s Certification .................................................................................................. 5 Appendix 1 – General Price Quotation Sheet ....................................................................... 11 Appendix 2 – Required Recyclables To Be Collected .............................................................. 12 Appendix 3 – Schedule of Alternatives and Deviations ............................................................ 13 Appendix 4 – Schedule of Illinois Municipalities Served .......................................................... 14 Appendix 5 – Location of Disposal Facilities ........................................................................ 15 Exhibit A – Solid Waste Collection Day Map ......................................................................... 18 Bid Bond ................................................................................................................... 19 Bonding Capability Letter .............................................................................................. 22 Contractor Qualifications .............................................................................................. 24 Local Presence, Global Resources .................................................................................... 24 Waste Management — One of the World’s Most Ethical Companies ............................................ 25 Equipment ................................................................................................................ 25 A Safe, Efficient Waste Management Fleet ......................................................................... 25 DriveCam .................................................................................................................. 26 Onboard Computing System ........................................................................................... 26 Uniforms .................................................................................................................. 26 Operations Plan .......................................................................................................... 27 Transition Plan ........................................................................................................... 27 Service Machine .......................................................................................................... 27 Customer Set-Up ......................................................................................................... 28 On Time Pick-Ups ........................................................................................................ 28 Container Swaps ......................................................................................................... 28 Service Metrics ........................................................................................................... 29 Holidays/Inclement Weather .......................................................................................... 29 Refuse Service ........................................................................................................... 30 Modified Volume Program.............................................................................................. 30 Amnesty Day .............................................................................................................. 30 Recycle Service .......................................................................................................... 30 Recycle Often. Recycle Right.SM ...................................................................................... 31 The recycling industry is changing. .................................................................................. 31 Tagging System .......................................................................................................... 33 Yard Waste Service ...................................................................................................... 33 Curbside Composting Program ........................................................................................ 33 Electronic Waste Management ........................................................................................ 34 At Your Door Special Collection ....................................................................................... 34 City of Yorkville Solid Waste Collection Services November 3, 2016 ii Monthly Reporting ....................................................................................................... 36 Value Added Services ................................................................................................... 37 Disaster Services ......................................................................................................... 37 Waste Watch ............................................................................................................. 37 Original RFP .............................................................................................................. 38 City of Yorkville Solid Waste Collection Services November 3, 2016 1 Cover Letter November 1, 2016 Bart Olson City Administrator United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Dear Mr. Olson: Waste Management of Illinois, Inc. would like to thank you for the opportunity to respond to your request for Solid Waste Collection Services in the City of Yorkville. As the North American leader in the environmental services industry, Waste Management i s fully prepared and strategically situated to provide the City of Yorkville with an effective solid waste collection program. We offer an integrated approach for developing, implementing, and managing a program that goes beyond regulatory compliance and delivers value by improving processes and reducing total cost. Through our local sales and service teams, Waste Management will deliver an environmentally safe and cost effective program for the City of Yorkville. As a partner with the City of Yorkville, Waste Management’s team will work closely with you to develop a program that will meet your specific needs. Our program will focus on the highest level of operational execution and compliance with the most stringent environmental, health and safety standards. Through a mutual commitment to achieving these standards, we can develop and implement this program quickly and efficiently. In addition to responding to the specific facets of the bid, Waste Management is also proposing additional services that will bring added value to our proposal. These services align with the City of Yorkville’s strategic initiatives to provide quality services for its residents. These services include: Recycle Often. Recycle RightSM. – Recycle Often. Recycle RightSM is an innovative, collaborative, social marketing-based education and outreach program designed to change consumer recycling behavior on a sustainable level – and make the City of Yorkville a recycling leader. Safeguarding the Environment – As your environmental partner, Waste Management will offer our convenient “At Your Door” program to collect residents’ household hazardous wastes, including e-waste (electronics and televisions). This program makes it easy for residents to dispose of these items, by collecting the materials at their door– safely, easily and responsibly to prevent hazardous materials from endangering the City’s local water supply. Protecting Your Residents – As your community partner, Waste Management will assist the police and fire departments by acting as extra eyes and ears on the street with our “Waste Watch” program. We appreciate the opportunity to respond to your request and welcome the opportunity to discuss this proposal in detail with you and your team. Waste Management of Illinois, Inc. reserves the right, if awarded the project, to negotiate additional modifications to the term and conditions set forth in the RFP. If you have any questions or require further information, please contact me at 847.980.7648. You may also e-mail me at vkuersc1@wm.com or contact me by mail at 230 Sumac Rd, Wheeling, IL 60090. Sincerely, Vaughn Kuerschner Public Sector Sales Representative Waste Management of Illinois, Inc. City of Yorkville Solid Waste Collection Services November 3, 2016 2 Certificate of Authority City of Yorkville Solid Waste Collection Services November 3, 2016 3 Proposal/Contract Form City of Yorkville Solid Waste Collection Services November 3, 2016 4 Vendor W-9 Request Form City of Yorkville Solid Waste Collection Services November 3, 2016 5 Proposer’s Certification City of Yorkville Solid Waste Collection Services November 3, 2016 6 City of Yorkville Solid Waste Collection Services November 3, 2016 7 City of Yorkville Solid Waste Collection Services November 3, 2016 8 City of Yorkville Solid Waste Collection Services November 3, 2016 9 City of Yorkville Solid Waste Collection Services November 3, 2016 10 City of Yorkville Solid Waste Collection Services November 3, 2016 11 Appendix 1 – General Price Quotation Sheet City of Yorkville Rate Sheet Monthly Refuse Rate 5/1/2017 to 4/30/2018 5/1/2018 to 4/30/2019 5/1/2019 to 4/30/2020 5/1/2020 to 4/30/2021 5/1/2021 to 4/30/2022 33 gal. tote $23.55 $24.37 $25.22 $26.10 $27.01 65 gal. tote $23.55 $24.37 $25.22 $26.10 $27.01 96 gal. tote $23.55 $24.37 $25.22 $26.10 $27.01 Additional Pricing Sticker Rate for additional refuse bags/containers $1.00 per sticker Additional monthly cart rental (refuse, recycle) $3.00 per month Cart exchange fee $30.00 Additional Bulk Items (must be prescheduled and prepaid) $30.00 per item White Good (must be prescheduled and prepaid) $40.00 per item Special Pickup (minimum of 1cy, must be prescheduled) $20.00 per cy Curbside Composting Program (optional annual subscription organics service) $8.95 per month Rates listed under Additional Pricing are subject to a 3.5% annual rate increase. City of Yorkville Solid Waste Collection Services November 3, 2016 12 Appendix 2 – Required Recyclables To Be Collected City of Yorkville Solid Waste Collection Services November 3, 2016 13 Appendix 3 – Schedule of Alternatives and Deviations City of Yorkville Solid Waste Collection Services November 3, 2016 14 Appendix 4 – Schedule of Illinois Municipalities Served City of Yorkville Solid Waste Collection Services November 3, 2016 15 Appendix 5 – Location of Disposal Facilities City of Yorkville Solid Waste Collection Services November 3, 2016 16 City of Yorkville Solid Waste Collection Services November 3, 2016 17 City of Yorkville Solid Waste Collection Services November 3, 2016 18 Exhibit A – Solid Waste Collection Day Map City of Yorkville Solid Waste Collection Services November 3, 2016 19 Bid Bond City of Yorkville Solid Waste Collection Services November 3, 2016 20 City of Yorkville Solid Waste Collection Services November 3, 2016 21 City of Yorkville Solid Waste Collection Services November 3, 2016 22 Bonding Capability Letter City of Yorkville Solid Waste Collection Services November 3, 2016 23 City of Yorkville Solid Waste Collection Services November 3, 2016 24 Contractor Qualifications Waste Management of Illinois, Inc. (Waste Management) has over 2,000 employees across the state and more than 300 trucks on the roads serving Illinois communities. We have been engaged in the present company and servicing residential customers with leading comprehensive waste and environmental services for over 40 years. Waste Management’s record is one of accomplishment through the innovation, hard work, dedication, and professionalism of its employees. The company employs a talented staff of drivers, managers, environmental professionals, financial and administrative specialists, computer and systems professionals, and a myriad of specialists to sustain company dedication and growth. Waste Management’s resources and organizational structure make it possible to respond quickly and tailor our services to meet the City of Yorkville’s needs. Waste Management makes a total commitment to environmental compliance, assuring our customers that their wastes will be managed safely, in compliance with laws and regulations, and, most importantly, in a manner protective of the public's health and natural resources. Local Presence, Global Resources As a local company with global resources, Waste Management continues to be the largest, most financially stable company in the environmental services industry. Waste Management maintains its leadership role and has implemented a business strategy to enhance that leadership , in order to provide the best service and value to our customers. For Downers Grove Township, this means you will have an environmental services provider that is financially strong enough to continue serving the township through good economic times and the tough times. Waste Management’s financial strength allows us to continue investing in areas that are necessary for continued market leadership and providing premium service to the township, such as:  New safety and efficiency technology  Implementing new initiatives to continually enhance customer service and communication  Developing long-term customer relationships  Attracting and keeping the best employees  Innovative zero waste and diversion technology Revenue in 2015 was $12.9 billion, and Waste Management has an asset base in excess of $20 billion. The company generates strong and consistent cash flow and has access to an extensive line of credit. Waste Management’s financial strength is the foundation for its commitment to serve its customers, perform its obligations, and protect the environment in carrying out its broad waste management services. Waste Management has achieved solid investment-grade credit ratings from three major rating agencies. Most recently, the company has been assigned ratings of A - by Standard & Poor’s, BBB by Fitch, and Baa2 by Moody’s. The ratings are based on expectations that management will maintain good liquidity, pursue a moderate financial policy, and allocate capital in a disciplined manner. The credit outlook from each agency for Waste Management is characterized as stable. Waste Management has about $10.0 billion of debt outstanding. Waste Management’s financial strength, as summarized above, gives the City the comfort of knowing that we can and will fulfill our obligations. City of Yorkville Solid Waste Collection Services November 3, 2016 25  The foundation of Waste Management’s offer lies in our commitment to perform all operations in full compliance with applicable federal, state, and local regulations and to provide clear documentation of that compliance.  Waste Management offers the most extensive network providing waste management services in North America, including: transportation, disposal, treatment, recovery, remediation, waste identification, and several other specialty services. This network enables us to provide a single source of responsibility, from transportation through disposal of waste.  All new capital requirements are internally financed by Waste Management using cash flow from existing operations. Waste Management's financial strength helps make it a leader in the in the environmental services industry, and Waste Management is committed to maintaining that strength. Waste Management's financial strength and the liability protection it offers are unparalleled in the environmental industry. As a wholly–owned, indirect subsidiary of Waste Management, Inc., Waste Management of Illinois, Inc. does not report financial results — all financial reporting occurs through our parent entity. As a publicly traded company, Waste Management is held to the most stringent regulations for accurate and timely financial disclosure. Full financial results are available on ou r website at www.wm.com. Waste Management — One of the World’s Most Ethical Companies The Ethisphere Institute, an independent center of research promoting best practices in corporate ethics and governance, has named Waste Management to its annual listing of World’s Most Ethical Companies. This is the ninth time Waste Management has been honored with this award, which recognizes organizations that continue to raise the bar on ethical leadership and corporate behavior. It is also just one of two companies named in the Environmental Services category. To be named as a World’s Most Ethical Company, scores are generated in five key categories: ethics and compliance program, leadership and innovation, governance, corporate citizenship, and culture of ethics. Equipment One of our goals at Waste Management is to know more about our customers and how better to serve them than anyone else in the industry. To help us meet this goal, we have engaged state-of-the-art technology on our front lines, which means directly in our trucks and within our local operations centers, to ensure we maintain the highest level of accountability to the municipalities we serve. A Safe, Efficient Waste Management Fleet With more than 32,000 collection and support vehicles on the road throughout North America, our trucks are a familiar sight. As they make their rounds, our trucks use fuel and generate greenhouse gases and other emissions and we are committed to reducing the environmental impacts of these vehicles. Waste Management’s fleet vehicles are painted a uniform color and are easily identifiable with the company’s branding. Vehicles are marked with unique unit identification numbers on each side and the rear of each vehicle. Waste City of Yorkville Solid Waste Collection Services November 3, 2016 26 Management maintains detailed records of each collection vehicle. All vehicles are meticulously maintained to ensure a clean and orderly appearance, as well as good working condition. Waste Management’s fleet vehicles feature the following onboard technology:  GPS real-time technology  Digital back-up camera, monitor, and alarm  2-way communication DriveCam Waste Management vehicles utilize DriveCam technologies —a palm-sized video recorder--that helps us focus on identifying and addressing the root causes of poor driving behavior. DriveCam continuously captures what is happening 120 degrees in front of the vehicle, as well as inside the cab. Once an event is triggered--by sudden movement, erratic driving, speeding, or a collision--the unit records, saves, and sends 12 seconds of the incident (8 seconds before and 4 seconds after) to DriveCam personnel for review and then on to Waste Management managers for performance coaching. DriveCam continually improves driving behavior and reduces collisions, which in turn allows Waste Management to focus on ensuring safety within our communities. Waste Management installed the DriveCam video capture system on its vehicles nationwide in 2013 to improve safety, reduce collisions, and reduce insurance claims. Two third party studies have been completed on the influence of DriveCam. The University of Iowa study concluded that there was a 70% reduction in risky driving behavior in vehicles using the program. The Virginia Tech Transportation Institute study, funded by the Federal Motor Carriers Safety Administration (FMCSA), studied two large national trucking companies and found that the number of risky driving events was reduced by 52% in the first fleet and 37% in the second fleet. Onboard Computing System Waste Management’s trucks are now equipped with on-board computing technology that utilizes GPS tracking. This allows the dispatcher to know w here any truck is at any time. The On-Board Computing System (OCS) tracks each stop for every driver and has the ability to send confirmation e -mails to inform customers their containers have been serviced. This allows the driver and all operations personnel to provide customers with real-time data regarding their service. The OCS feeds into all of Waste Management’s other operations systems to allow for accurate and continuous updating of service records. Items that are tracked include time arriving at customer location, time arriving at landfill, time returning to customer location, and time the driver leaves the customer locat ion after completing the haul. The use of OCS has a much higher rate of success than the traditional paper route sheets. Uniforms All employees performing service for the City of Yorkville will wear uniforms like those shown in the photo. They will have ID badges and be immediately identifiable as Waste Management personnel. Employees and subcontractor employees wear a company issued uniform that includes a shirt, jacket, pants, proper footwear and safety vest; a complete uniform and safety vest will be worn at all times during performance of work. The uniform shirt and jacket will clearly display the company name, making each employee readily identifiable. All employees are required to employ personal protection equipment, including 6-inch lace up steel toe boots, safety vest, and eye protection and gloves, without exception. City of Yorkville Solid Waste Collection Services November 3, 2016 27 Operations Plan Waste Management has provided reliable quality service to the neighbors of Yorkville in the cities of Plainfield and Sugar Grove for many years. Waste Management drivers know the area and the high level of service these residents have come to expect. This knowledge is based on the successful relationship Waste Management has developed with these municipalities. We are excited to be able to offer the same reliable quality service to the residents of Yorkville. Waste Management will service the City of Yorkville over five days as outlined on the map in Exhibit A of the RFP. From our local hauling district, located at 115 Simonds Avenue, DeKalb, Waste Management will provide collection and disposal of solid waste, recycling, and yard waste material. Upon servicing each home, our drivers will ensure that containers are returned to their original location in a manner that does not interfere with pedestrian or vehicular traffic. We will perform all collections between the hours of 7:00 a.m. and 7:00 p.m., ensuring that we minimize any noise during service. Our drivers will ensure that we pick up and deposit in the truck any debris that is scattered or spilled during service, including broken glass. The waste collected will be properly transported and disposed of at the regional disposal facility outlined in the RFP specifications. Solid waste and yard waste from the City of Yorkville will be taken to the Waste Management owned DeKalb Landfill. Waste Management will take recycling material DeKalb Reload Center where they will then be transported to Resource Management for processing. Transition Plan The smooth implementation of a City of Yorkville waste and recycling program is the first step toward customer satisfaction. Detailed planning is required to ensure that residents experience a smooth transition between service providers. For this reason, Waste Management will assemble an experienced and dedicated implementation team, and draw from an extensive toolkit of communication resources to effectively communicate the transition. Transition steps include:  Distribution Plan and Schedule of Carts  Driver/Crew Orientation of Local Area  Service Transition Notification  Customer Communications and Public Relations Waste Management will develop and distribute a service brochure to the City of Yorkville residents at the start of the contract. The brochure will include information on recycling guidelines. Waste Management’s marketing department has numerous promotional pieces available that can be adapted for the specific needs of the City of Yorkville (i.e. website material and links, social media, and newsletters). Service Machine Service Machine® are quality service standards to which Waste Management personnel are held. These standards are the highest in the industry, providing the basis for Waste Management to provide the City of Yorkville residents with the highest quality and most consistent service possible . Waste Management Service Machine® applies to the following crit ical service areas: City of Yorkville Solid Waste Collection Services November 3, 2016 28 Customer Set-Up  Standard rating is 98% or more of set-ups customer-impacting error free.  One person has the responsibility to make sure that no detail is overlooked, such as bin placement, start up timing, and billing issues.  A set-up coordinator role, reporting to the Area Vice President, is established to ensure timely and efficient set-ups.  The set-up coversheets used by Waste Management personnel were designed to reduce set -up errors and rework.  Customer set-up is based on an emphasis on customer satisfaction. The city of Yorkville will be contacted to ensure that set-up was completed properly and any issues are quickly identified and resolved. On Time Pick-Ups The idea is simple: “Haul or Call.” But if for any reason we can’t pick up a customer as promised, we let them know. There must be a follow-up call.  Haul or Call is a process used by drivers to inform dispatch and the customer that a container could not be serviced as planned.  If this problem recurs any time within two months of the first report, Waste Management’s system flags the problem to resolve.  If a driver cannot perform a pick-up because of a blocked bin or other problem outside of Waste Management’s control, the customer will be informed promptly. This allows Waste Management to proactively solve the pick -up problem, regardless of the cause.  What if a pick-up is missed? Waste Management Service Machine® has exact standards in place for quickly resolving the missed pick-up either same day or the next day by noon.  Should another pick-up be missed within two months, the system again flags the problem for management to address immediately.  Waste Management does not tolerate internal errors that lead to missed pick -ups or other service disruptions to our customers. Container Swaps  Our experienced drivers in the field often identify containers that need repair or swapping before these problems are identified by our customers. Waste Management has built a reporting process in which drivers can report possible swaps, which are e ntered into our system.  95% or more of unserviceable containers are to be repaired or swapped within two business days and serviceable containers within five business days.  This standard excludes non-typical containers such as compactors, single customer orders greater than ten containers, special containers, and orders subject to contractual terms. City of Yorkville Solid Waste Collection Services November 3, 2016 29 Service Metrics Waste Management Service Machine® ensures that each Waste Management location is trained and understands the following service metrics: LINE OF BUSINESS SERVICE METRIC  Set-up  % of Set-up Errors  Commercial  Missed Pick-up per 1,000 Customers  Residential  Recovery  % Recoveries within Standard – Commercial  % Recoveries within Standard – Residential  Customer Handling  Average Speed of Answer  Call Abandon Rate Holidays/Inclement Weather Waste Management typically observes the following national holidays:  New Year’s Day  Labor Day  Memorial Day  Thanksgiving Day  Independence Day  Christmas Day In the event that any of these holidays fall on a regular scheduled service day, all refuse, recycling and yard waste collection services on that day and for the remainder of the collection week shall be delayed one day after the recognized holiday. If a driver cannot perform a pick-up on the regularly scheduled service day due to inclement weather conditions, the pick-up will occur on the next business day. Any deviation from this will be communicated to the Township. City of Yorkville Solid Waste Collection Services November 3, 2016 30 Refuse Service Modified Volume Program  Waste Management will provide weekly refuse service.  Each resident will receive a two wheeled cart for refuse. Residents will have the opportunity to select a 96 gallon, 64 gallon or 35 gallon cart at the beginning of the contract for no fee. If no selection is made the 96 gallon cart will be the default size. Subsequent requests will be subject to an exchange fee. No sticker is required for the cart.  Additional refuse may be collected in bags or containers with handles that do not exceed 32 gallons in size and weigh less than 50lbs. Each additional bag/container requires a sticker to be serviced.  Residents may rent an additional refuse cart for a monthly fee. A second cart will require a sticker to be serviced.  Carts will remain the property of Waste Management.  Includes (1) one bulk item per week. Amnesty Day  Waste Management will provide (2) two Amnesty Days annually (spring and fall).  The collection days will be mutually agreed upon dates on a regularly scheduled service day. Recycle Service  Waste Management will provide unlimited weekly recycle service.  Each resident will receive a two wheeled cart for recycling. Residents will have the opportunity to select a 96 gallon, 64 gallon or 35 gallon cart at the beginning of the contract for no fee. If no selection is made the 64 gallon cart will be the default size. Subsequent requests will be subject to an exchange fee.  Residents may rent an additional recycle cart for a monthly fee.  Carts will remain the property of Waste Management. Much has changed since the introduction of recycling. The material we use in our daily lives has evolved tremendously. We use less paper, more plastic and about the same amount of metal. The packaging in which we buy food and other products is constantly changing, and it is often made of many different materials whose recyclability varies. Recycling programs and acceptable materials vary from area to area, and can even be different in neighboring cities. Single-stream recycling is a great program that has enabled us to put all of our recyclables in one convenient cart, but the flip side to that is that it invites material that isn’t recyclable. For example, #6 plastic or polystyrene is currently not acceptable in curbside collection. Single Stream Materials placed out for collection may not contain a percentage of Excluded Materials greater than the Maximum Non-Recyclables Level of 10%. If a resident’s recycling is contaminated, the driver will “tag” it with a sticker explaining the reason why the resident was not serviced. Once the resident rectifies the situation, service will be provided on the next scheduled service date. In the event Single Stream Materials do not meet specifications, the materials may be rejected and/or the resident may be charged additional processing or disposal costs. City of Yorkville Solid Waste Collection Services November 3, 2016 31 Excluded Materials from the recycling programs are listed below. Bagged materials (even if containing Recyclables) Microwave trays Mirrors Window or auto glass Light Bulbs Ceramics Porcelain Plastics unnumbered Plastic bags Coat hangers Glass cookware/bakeware Household items such as cooking pots, toasters, etc. Flexible packaging and multi- laminated materials Wet fiber Excluded Materials Fiber containing, or that has been in contact with, food debris Any recyclable materials, or pieces of recyclable materials, less than 2” in size in any dimension Materials: (a) that contain chemical or other properties deleterious, or capable of causing material damage, to any part of Company's property, its personnel or the public; and/or (b) that may materially impair the strength or the durability of the Company's structures or equipment. Because Waste Management understands the critical importance of educating the community, we are prepared to provide support in the area of education and awareness. As part of our commitment to the City of Yorkville, Waste Management is offering our Recycle Often. Recycle Right.SM recycling education program. Recycle Often. Recycle Right.SM The recycling industry is changing. Stagnating recycling rates, end-market depression, packaging changes and material processing inefficiencies are all causing confusion over what is acceptable in curbside bins, high contamination levels and increasing costs. These factors threaten the sustainability of recycling programs everywhere. The solution: Recycle Often. Recycle Right.SM This simple, fully integrated education partnership provides all the materials, tools and messages to help the city’s recycling program succeed in this ever- changing waste stream. The longevity of any city’s recycling program is dependent on public education and enforcement strategies. Simply put, recycling “right” can be confusing. With nearly 26 percent of people recycling items despite being unsure if they are recyclable, it’s no surprise 16 percent of loads entering the recycling plant are contaminated. As more communities move to single -stream recycling and more complex plastics make their way onto store shelves, residents’ confusion of what goes in and what stays out of the cart will be a growing challenge for your community. City of Yorkville Solid Waste Collection Services November 3, 2016 32 Recycle Often. Recycle Right.SM is the solution. Recognizing that residents want to do the right thing and recycle correctly, but are often confused, Waste Management created Recycle Often. Recycle Right.SM This program is a national effort for municipal partners to educate their residents about recycling and the basic rules of sustainable recycling. Recycle Often. Recycle Right. SM is a research-based education and outreach program that’s flexible, adaptable and customizable. Whether your community is just getting started or you’re in a mature market, Recycle Often. Recycle Right.SM provides municipal partners with all the right education tools — messaging, artwork, newsletters, welcome packets, bill inserts, and promotional ideas. By using targeted and standardized messaging focused on three simple recycling behaviors that will have a big impact, your community can maximize the value of the education and outreach investment, while leveraging a nationally promoted campaign. Recycle Often. Recycle Right.SM is different from traditional recycling education efforts . The campaign is based on social marketing strategies that organizations in the energy, health and water industries are using successfully to change behavior. Working together to understand your city, its neighborhoods, its residents, their habits, and how they like to communicate is the foundation. This local knowledge is supplemented with nationally conducted surveys, focus groups, tested, targeted messages and extensive demographic research. And by simplifying and repeating recycling messaging, Recycle Often. Recycle Right.SM allows residents to focus on making the recycling decisions that will make the most difference. www.RecycleOftenRecycleRight.com City of Yorkville Solid Waste Collection Services November 3, 2016 33 Tagging System The Recycle Often. Recycle Right.SM education component reaches out to residents at the curb. Waste Management uses the following Recycle Often. Recycle Right.SM tagging system to provide consistent messaging to residents. The red tag is used on any recycle container that does not get collected due to contamination. The tag provides a brief explanation as to why the recycle material was not collected and what corrective action the resident needs to take to ensure it is collected. The tag also highlights the three simple recycling rules of Recycle Often. Recycle Right.SM as outlined above. The green tag is used to reinforce changed behavior for residents who had previously received a red tag. Yard Waste Service  Waste Management will provide unlimited weekly yard waste service to residents from April 1 through November 30.  Yard waste is collected in Kraft paper bags not exceeding 30 gallons in size and 50lbs in weight or secured bundles not exceeding 4 feet in length and 50lbs in weight.  Waste Management will collect Christmas trees the first two weeks of January for no additional fee. Christmas trees must be free of all decorations and not in bags. Curbside Composting Program  Waste Management will offer an optional annual subscription organics service. Residents have the option to participate for an additional monthly fee.  Organics will be collected weekly with yard waste from April 1 through November 30.  Organics will be collected every other week from December through March on the regular scheduled service day.  Waste Management will provide a cart for the collection of organics. During the yard waste season organics and yard waste are comingled in the cart.  Carts will remain the property of Waste Management.  Waste Management reserves the right to cancel the program if the composting facility will no longer accept the material or for high contamination. City of Yorkville Solid Waste Collection Services November 3, 2016 34 Electronic Waste Management Waste Management will offer curbside electronics pickup through its “At Your Door” program. The “At Your Door” program is a household hazardous waste collection program that includes electronics. Waste Management makes it easy for residents to dispose of these items, by collecting the materials at their door– safely, easily and responsibly. The monthly per home cost for this program is included in the monthly rate. At Your Door Special Collection At Your Door Special Collection provides residents with a service to remove the difficult, sometimes hazardous and hard-to-recycle items that almost every household accumulates. As North America’s leading environmental solutions company, Waste Management makes it easy for residents to dispose of these items, by collecting the materials at their door– safely, easily and responsibly. At Your Door Special Collection collects home generated special materials directly from residences within your community. Experience is key– the program has served hundreds of thousands of homes since 1995 and currently manages programs for dozens of municipalities in many states. This program is not your usual household generated special material program, because this program is focused on recycling most of the materials collected. Communities across the country can take advantage of Waste Management’s research and capability to collect and recycle an overlooked category of recyclables collected directly from the home. Paper, cans, bottles, cardboard and plastics are already part of most recycling programs. What about the other materials used in homes such as electronics, cleaning supplies and paint? How does a resident in your community dispose of these items? By increasing collection of these items, the potential for water pollution and environmental hazards are further reduced. At Your Door focuses on collection and recycling of these additional materials, to prevent disposal in regular trash bins. Once collected, the program recycles most special materials including electronics, paints, batteries, lamps and motor oil! Most of these items are diverted from local landfills. City of Yorkville Solid Waste Collection Services November 3, 2016 35 Combine the quantities of special materials collected by At Your Door that are sent to facilities for the purpose of recycling with your traditional recyclables, such as, paper, aluminum cans, plastics, etc. and your community’s recycling rates will increase. Educating the Community Our knowledgeable staff will work with each municipality to help develop a cost effi cient and effective approach to public education support that will both build and sustain involvement throughout the duration of the program. At Your Door offers a simple solution to any community’s recycling dilemma. A home based program is offered so residents simply contact At Your Door to schedule a collection. Then, they place their special materials into the collection bag and place it near their front door step or garage. The resident does not need to be home to participate, as they simply place the bag in a specific location on their collection date. City of Yorkville Solid Waste Collection Services November 3, 2016 36 Monthly Reporting Waste Management will provide the following standard monthly report to the City of Yorkville. City of Yorkville Solid Waste Collection Services November 3, 2016 37 Value Added Services Disaster Services Whether it is a major environmental disaster or a tornado that devastates a small town, Waste Management has the resources, equipment, and personnel to help clean up. We were there to help our friends and neighbors in Washington, IL in 2013 when this community was devastated by an EF-4 tornado. Within 90 seconds, 650 homes were destroyed and nearly 1,000 were severely damaged. Waste Management assisted the City in damage assessment and provided at the City’s request 24-hour operation of our East Peoria Transfer Station as a destination for all collected debris in the initial phase of the cleanup. As the City realized that they faced a 60,000 cubic yard debris field, Waste Management assumed total responsibility for consolidation of the debris at the curb line, loading the consolidated debris into WM supplied transfer trailers, transportation to the Peoria City/County Landfill #2, a WM facility, and disposal of all of the landfilled debris. Waste Management also supplied operators and grapples for the effort, as well as end loaders and semi dump trailers and the transfer trailers and drivers. Waste Management’s portion of the debris removal was accomplished in less than four weeks. In all, Waste Management received more than 25,000 tons of tornado debris, wit h more than 16,000 tons from Waste Management staged and directed collection and cleanup activities. We pledge the same level of commitment to the City of Yorkville. Waste Watch As a part of our service offering, we would like to offer our Waste Watch program the City of Yorkville at no charge. Our trucks are on your streets every day. Our drivers are familiar with their routes, so they’re often the first to notice when something is amiss. As your community partner, we will assist the police and fire departments by acting as extra eyes and ears on the streets. Through our Waste Watch program, we provide training to our drivers in what to look for and how to report suspicious or criminal activity to the police department. Since its debut, Waste Watch has received national acclaim for its support of law enforcement, emergency services, Highway Watch, Neighborhood Watch and the Amber Alert system. It has also earned recognition from municipalities and organizations including the National Sheriff’s Association. City of Yorkville Solid Waste Collection Services November 3, 2016 38 Original RFP 1 REQUEST FOR PROPOSAL Name of Proposing Company: ________________________________________________ Project Name: Yorkville Solid Waste Collection Services Proposal Due: November 3, 2016 @ 10:00am Proposal Opening: November 3, 2016 @ 10:01am Required of All Proposers: Deposit: $5,000.00 deposit Letter of Capability of Acquiring Performance Bond: Not Required Required of Awarded Contractor: Performance Bond/Letter of Credit: $500,000.00 Certificate of Insurance: Required Legal Advertisement published: October , 2016 Date Issued: October 3, 2016 This document consists of 46 pages. Return original and two duplicate copies of proposal along with one compact disc/flash drive with proposal information contained on it in a *.doc (Microsoft Word) or *.pdf (Abode Acrobat) version in a sealed envelope marked with the Proposal Number as noted above to: BART OLSON CITY ADMINISTRATOR UNITED CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE, IL 60560 PHONE: 630-553-4350 www.yorkville.il.us 2 The UNITED CITY OF YORKVILLE will receive proposals Monday thru Friday, 8:00 A.M. to 4:30 P.M. at City Hall, 800 Game Farm Road, Yorkville, IL 60560. SPECIFICATIONS MUST BE MET AT THE TIME THE PROPOSAL IS DUE. The Yorkville City Council, reserves the right to accept or reject any and all proposals, to waive technicalities and to accept or reject any item of any proposal. The documents constituting component parts of this contract are the following: I. REQUEST FOR PROPOSALS II. TERMS & CONDITIONS III. DETAILED SPECIFICATIONS IV. PROPOSAL/CONTRACT FORM DO NOT DETACH ANY PORTION OF THIS DOCUMENT. INVALIDATION COULD RESULT. Proposers MUST submit an original, two additional paper copies and one compact disc/flash drive of the total proposal. Upon formal award of the proposal, the successful Proposer will receive a copy of the executed contract. 3 I. REQUEST FOR PROPOSALS 1. GENERAL 1.1 Notice is hereby given that United City of Yorkville will receive sealed proposals up to Wednesday, November 3, 2016 at 10:00am. 1.2 Proposals will be opened and read aloud in the City Council Chambers at Yorkville City Hall, 800 Game Farm Road, on Wednesday, November 3, 2016 at 10:01am. 1.3 Proposals must be received at the United City of Yorkville by the time and date specified. Proposals received after the specified time and date will not be accepted and will be returned unopened to the Proposer. 1.4 Proposal forms shall be sent to the United City of Yorkville, ATTN: Bart Olson, in a sealed envelope marked "SEALED PROPOSAL". The envelope shall be marked with the name of the project, date, and time set for receipt of proposals. 1.5 All proposals must be submitted on the forms supplied by the City and signed by a proper official of the company submitting proposal. Telephone, email and fax proposals will not be accepted. 1.6 By submitting this proposal, the proposer certifies under penalty of perjury that they have not acted in collusion with any other proposer or potential Proposer. 1.7 For purposes of this RFP, all references to the “City” shall mean the United City of Yorkville. 2. PREPARATION OF PROPOSAL 2.1 It is the responsibility of the proposer to carefully examine the specifications and proposal documents and to be familiar with all of the requirements, stipulations, provisions, and conditions surrounding the proposed services. 2.2 No oral or telephone interpretations of specifications shall be binding upon. All requests for interpretations or clarifications shall be made in writing and received by the City of Yorkville by Tuesday, October 25 at 10:00am. All changes or interpretations of the specifications shall be made by the City of Yorkville in a written addendum to our proposer’s of record. 2.3 In case of error in the extension of prices in the proposal, the hourly rate or unit price will govern. In case of discrepancy in the price between the written and numerical amounts, the written amount will govern. 2.4 All costs incurred in the preparation, submission, and/or presentation of any proposal including any proposer's travel or personal expenses shall be the sole responsibility of the proposer and will not be reimbursed by the City. 2.5 The proposer hereby affirms and states that the prices quoted herein constitute the total cost to the City for all work involved in the respective items and that this cost also includes all insurance, royalties, transportation charges, use of all tools and equipment, 4 superintendence, overhead expense, all profits and all other work, services and conditions necessarily involved in the work to be done and materials to be furnished in accordance with the requirements of the Contract Documents considered severally and collectively. 3. MODIFICATION OR WITHDRAWAL OF PROPOSALS 3.1 A Proposal that is in the possession of the City may be altered by a letter bearing the signature or name of person authorized for submitting a proposal, provided that it is received prior to the time and date set for the bid opening. Telephone, email, or verbal alterations of a proposal will not be accepted. 3.2 A Proposal that is in the possession of the City may be withdrawn by the proposer, up to the time set for the proposal opening, by a letter bearing the signature or name of person authorized for submitting proposals. Proposals may not be withdrawn after the proposal opening and shall remain valid for a period of ninety (90) days from the date set for the proposal opening, unless otherwise specified. 4. SECURITY FOR PERFORMANCE 4.1 The awarded contractor, within thirteen (13) calendar days after acceptance of the proposer’s proposal by the City, shall furnish security for performance acceptable to the municipality when required under the documents. Such security shall be either a satisfactory performance bond (bonding company must be licensed to do business in Illinois) or a letter of credit on the form provided by the municipality and available from the municipality’s attorney. NOTE: As evidence of capability to provide such security for performance, each proposer shall submit with the proposal either a letter executed by its surety company indicating the proposer’s performance bonding capability, or a letter from a bank or savings and loan within twenty-five miles of the corporate boundaries of the City indicating its willingness and intent to provide a letter of credit for the proposer. 5. DELIVERY 5.1 All proposal prices are to be quoted, and delivered to the City of Yorkville, 800 Game Farm Road, Yorkville, IL 60560. 6. TAX EXEMPTION 6.1 The City is exempt from Illinois sales or use tax for direct purchases of materials and supplies. A copy of the Illinois Sales Tax Exemption Form will be issued upon request. Federal identifications will also be provided to selected vendor. 7. RESERVED RIGHTS 7.1 The municipality retains autonomy in decision making for this RFP, and reserves the exclusive right to waive sections, technicalities, irregularities and informalities and to accept or reject any and all proposals and to disapprove of any and all subcontractors as may be in the best interest of either municipality. Time and date requirements for receipt of proposal will not be waived. II. TERMS AND CONDITIONS 5 8. MUNICIPAL ORDINANCES 8.1 The successful proposer will strictly comply with all ordinances of the awarding municipality and laws of the State of Illinois. 9 USE OF MUNICIPAL NAME 9.1 The proposer is specifically denied the right of using in any form or medium the name of the City for public advertising unless express permission is granted by the respective municipality. 10. INDEMNITY AND HOLD HARMLESS AGREEMENT 10.1 To the fullest extent permitted by law, the Proposer shall indemnify, keep and save harmless the City and its agents, officers, and employees, against all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, costs and expenses, which may arise directly or indirectly from any negligence or from the reckless or willful misconduct of the Proposer, its employees, or its subcontractors, and the Proposer, its employees, or its subcontractors, and the Proposer shall at its own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the Proposer shall, at its own expense, satisfy and discharge the same. This Agreement shall not be construed as requiring the Proposer to indemnify the City for its own negligence. The Proposer shall indemnify, keep and save harmless the City only where a loss was caused by the negligent, willful or reckless acts or omissions of the Proposer, its employees, or its Subcontractors. 11. NONDISCRIMINATION 11.1 Proposer shall, as a party to a public contract: (a) Refrain from unlawful discrimination in employment and undertake affirmative action to assure equality of employment opportunity and eliminate the effects of past discrimination; (b) By submission of this proposal, the Proposer certifies that he is an "equal opportunity employer" as defined by Section 2000(e) of Chapter 21, Title 42, U.S. Code Annotated and Executive Orders #1l246 and #11375, which are incorporated herein by reference. The Equal Opportunity clause, Section 6.1 of the Rules and Regulations of the Department of Human Rights of the State of Illinois, is a material part of any contract awarded on the basis of this proposal. 11.2 It is unlawful to discriminate on the basis of race, color, sex, national origin, ancestry, age, marital status, sexual orientation, physical or mental handicap or unfavorable discharge for military service. Proposer shall comply with standards set forth in Title VII of the Civil Rights Act of 1964, 42 U.S.C. Secs. 2000 et seq., The Human Rights Act of the State of Illinois, 775 ILCS 5/1-101et. seq., and The Americans With Disabilities Act, 42 U.S.C. Secs. 1210l et. seq. 12. SEXUAL HARASSMENT POLICY 12.1 The proposer, as a party to a public contract, shall have a written sexual harassment policy that: 6 12.1.1 Notes the illegality of sexual harassment; 12.1.2 Sets forth the State law definition of sexual harassment; 12.1.3 Describes sexual harassment utilizing examples; 12.1.4 Describes the Proposer's internal complaint process including penalties; 12.1.5 Describes the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission and how to contact these entities; and 12.1.6 Describes the protection against retaliation afforded under the Illinois Human Rights Act. 13. EQUAL EMPLOYMENT OPPORTUNITY 13.1 In the event of the Proposer’s non-compliance with the provisions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and Regulations of the Illinois Department of Human Rights (“Department”), the Proposer may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the Proposer agrees as follows: 13.1.1 That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, sexual orientation, sexual identity or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. 13.1.2 That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability (in accordance with the Department’s Rules and Regulations) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 13.1.3 That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military services. 13.1.4 That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the Proposer’s obligations under the Illinois Human Rights Act and the Department’s Rules and Regulations. If any such labor organization or representative fails or refuses to cooperate with the Proposer in its efforts to comply with such Act and Rules and Regulations, the Proposer will promptly so notify the Department and the contracting agency and will recruit employees from other sources when 7 necessary to fulfill its obligations thereunder. 13.1.5 That it will submit reports as required by the Department’s Rules and Regulations, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department’s Rules and Regulations. 13.1.6 That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Department for purpose of investigation to ascertain compliance with the Illinois Human Rights Act and the Department’s Rules and Regulations. 13.1.7 That it will include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this contract, the Proposer will be liable for compliance with applicable provisions of this clause by such subcontractors; and further it will promptly notify the contracting agency and the Department in the event any subcontractor fails or refuses to comply therewith. In addition, the Proposer will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivision or municipal corporations. 14. DRUG FREE WORK PLACE 14.1 Proposer, as a party to a public contract, certifies and agrees that it will provide a drug free workplace by: 14.2 Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance, including cannabis, is prohibited in the City’s and proposer’s workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contact or grant, the employee will: (A) abide by the terms of the statement; and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. 14.3 Establishing a drug free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the City’s, or proposer’s policy of maintaining a drug free workplace; (3) any available drug counseling, rehabilitation and employee assistance programs; (4) the penalties that may be imposed upon employees for drug violations. 14.4 Providing a copy of the statement required above to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. 14.5 Notifying the contracting or granting agency within ten (10) days after receiving notice of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction from an employee or otherwise receiving actual 8 notice of such conviction. 14.6 Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by any employee who is so convicted as required by section 5 of the Drug Free Workplace Act. 14.7 Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in place. 14.8 Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 15. PREVAILING WAGE ACT 15.1 Proposer agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq., for all work completed under this contract. Proposer agrees to pay the prevailing wage and require that all of its subcontractors pay prevailing wage to any laborers, workers or mechanics who perform work pursuant to this contract or related subcontract. 15.2 Proposer and each subcontractor shall keep or cause to be kept an accurate record of names, occupations and actual wages paid to each laborer, workman and mechanic employed by the Proposer in connection with the contract. This record shall be open to inspection at all reasonable hours by any representative of the City or the Illinois Department of labor and must be preserved for four (4) years following completion of the contract. 16. INSURANCE REQUIREMENTS – 16.1 Prior to the beginning of the contract period, Contractor and any Subcontractors shall procure, maintain and pay for such insurance as will protect against claims for bodily injury of death, or for damage to property, including loss of use, which may arise out of operations by the Contractor or Subcontractor or any Sub-Sub Contractor or by anyone employed by any of them, or by anyone for whose acts any of them may be liable. Such insurance shall not be less than the greater of coverages and limits of liability specified below for each municipality or any coverages and limits of liability specified in the Contract Documents or coverages and limits required by law unless otherwise agreed to by the City. (All amounts listed are per municipality) Workers Compensation $500,000 Statutory Employers Liability $1,000,000 Each Accident $1,000,000 Disease Policy Limit $1,000,000 Disease Each Employee Comprehensive General Liability $2,000,000 Each Occurrence $2,000,000 Aggregate (Applicable on a 9 Per Project Basis) Commercial Automobile $1,000,000 Each Accident Liability Umbrella Liability $ 5,000,000 16.2 Commercial General Liability Insurance required under this paragraph shall be written on an occurrence form and shall include coverage for Products/Completed Operations, Personal Injury with Employment Exclusion (if any) deleted, Blanket XCU and Blanket Contractual Liability insurance applicable to defense and indemnity obligations and other contractual indemnity assumed under the Contract Documents. 16.3 Comprehensive Automobile Liability Insurance required under this paragraph shall include coverage for all owned, hired and non-owned automobiles. 16.4 Workers Compensation coverage shall include a waiver of subrogation against the City. 16.5 Comprehensive General Liability, Employers Liability and Commercial Automobile Liability Insurance may be arranged under single policies for full minimum limits required, or by a combination of underlying policies with the balance provided by Umbrella and/or Excess Liability policies. 16.6 Contractor and all Subcontractors shall have their respective Comprehensive General Liability (including products/completed operations coverage), Employers Liability, Commercial Automobile Liability, and Umbrella/Excess Liability policies endorsed to add the “City of Yorkville, their officers, officials, employees and volunteers” as “additional insureds” with respect to liability arising out of operations performed; claims for bodily injury or death brought against City by any Contractor of Subcontractor employees, or the employees of Subcontractor’s subcontractors of any tier, however caused, related to the performance of operations under the Contract Documents. Such insurance afforded to the City shall be endorsed to provide that the insurance provided under each policy shall be Primary and Non-Contributory. 16.7 Contractor and all Subcontractors shall maintain in effect all insurance coverages required by the Contract Documents at their sole expense and with insurance carriers licensed to do business in the State of Illinois and having a current A. M. Best rating of no less than A- VIII. In the event that the Contractor or any Subcontractor fails to procure or maintain any insured required by the Contract Documents, the City may, at its option, purchase such coverage and deduct the cost thereof from any monies due to the Contractor or Subcontractor, or withhold funds in an amount sufficient to protect the City, or terminate this Agreement pursuant to its terms. 16.8 All insurance policies shall contain a provision that coverages and limits afforded hereunder shall not be canceled, materially changed, non-renewed or restrictive modifications added, without thirty (30) days prior written notice to the City. Renewal certificates shall be provided to the City not less than five (5) prior to the expiration date of any of the required policies. All Certificates of Insurance shall be in a form acceptable to City and shall provide satisfactory evidence of compliance with all insurance 10 requirements. The City shall not be obligated to review such certificates or other evidence of insurance, or to advise Contractor or Subcontractor of any deficiencies in such documents, and receipt thereof shall not relieve the Contractor or Subcontractor from, nor be deemed a waiver the right to enforce the terms of the obligations hereunder. The City shall have the right to examine any policy required and evidenced on the Certificate of Insurance. 17. COPYRIGHT/PATENT INFRINGEMENT 17.1 The Proposer agrees to indemnify, defend, and hold harmless the City against any suit, claim, or proceeding brought against the City for alleged use of any equipment, systems, or services provided by the Proposer that constitutes a misuse of any proprietary or trade secret information or an infringement of any patent or copyright. 18. COMPLIANCE WITH OSHA STANDARDS 18.1 Equipment supplied to the City must comply with all requirements and standards as specified by the Occupational Safety and Health Act. All guards and protectors as well as appropriate markings will be in place before delivery. Items not meeting any OSHA specifications will be refused. 19. CERCLA INDEMNIFICATION 19.1 In the event this is a contract that has environment aspects, the Awarded Proposer shall, to the maximum extent permitted by law, indemnify, defend, and hold harmless the City, their officers, employees, agents, and attorneys from and against any and all liability, including without limitation, costs of response, removal, remediation, investigation, property damage, personal injury, damage to natural resources, health assessments, health settlements, attorneys' fees, and other related transaction costs arising under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, 42 U.S.C.A. Sec. 9601, et seq., as amended, and all other applicable statutes, regulations, ordinances, and under common law for any release or threatened release of the waste material collected by the Awarded Proposer, both before and after its disposal. 20. SUBLETTING OF CONTRACT 20.1 No contract awarded by the City shall be assigned or any part sub-contracted without the written consent of the City Administrator. In no case shall such consent relieve the Awarded Proposer from their obligation or change the terms of the contract. 21. [Section purposefully left blank] 22. TERMINATION OF CONTRACT 22.1 The City reserves the right to terminate the whole or any part of this contract, upon ten (10) days` written notice to the Awarded Proposer, in the event of default by the Awarded Proposer. Default is defined as failure of the Awarded Proposer to perform any of the provisions of this contract or failure to make sufficient progress so as to endanger performance of this contract in accordance with its terms. In the event that the Awarded Proposer fails to cure the default upon notice, and the City declares default and termination, the City may procure, upon such terms and in such manner as the City may deem appropriate, supplies or services similar to those so terminated. The Awarded Proposer shall be liable for any excess costs for such similar supplies or services unless acceptable evidence is submitted to the City that failure to perform the contract was due 11 to causes beyond the control and without the fault or negligence of the Awarded Proposer. Any such excess costs incurred by the City may be set-off against any monies due and owing by the City, respectively, to the Awarded Proposer. 23. BILLING & PAYMENT PROCEDURES 23.1 Separate invoices shall be sent to the City, for the City’s customers. Payment will be made by the City upon receipt of an invoice. Once an invoice has been verified, the invoice will be processed for payment in accordance with the municipality’s payment schedule, policy and procedures. 23.2 The City shall review, in a timely manner, each bill or invoice after its receipt. If the City determines that the bill or invoice contains a defect making it unable to process the payment request, the City shall notify the Proposer requesting payment as soon as possible after discovering the defect pursuant to rules promulgated under 50 ILCS 505/1 et seq. The notice shall identify the defect and any additional information necessary to correct the defect. 23.3 Please send all invoices for the City to the attention of City of Yorkville, Accounts Payable, 800 Game Farm Road, Yorkville, IL 60560. 24. RELATIONSHIP BETWEEN THE PROPOSER AND THE CITY 24.1 The relationship between the City and the Proposer is that of a buyer and seller of professional services and it is understood that the parties have not entered into any joint venture or partnership with the other. 25. STANDARD OF CARE 25.1. Services performed by Proposer under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representations express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinions, and documents or otherwise. 25.2 If the Proposer fails to meet the foregoing standard, Proposer will perform at its own cost, and without reimbursement from the City, the professional services necessary to correct errors and omissions caused by Proposer’s failure to comply with the above standard and reported to Proposer within one (1) year from the completion of Proposer’s services for the Project. 26. GOVERNING LAW 26.1 This Agreement will be governed by and construed in accordance with the laws of the State of Illinois without regard for the conflict of laws provisions. Venue is proper only in the County of Kendall and the Northern District of Illinois. 27. SUCCESSORS AND ASSIGNS 27.1 The terms of this Agreement will be binding upon and inure to the benefit of the parties and their respective successors and assigns; provided, however, that neither party will assign this Agreement in whole or in part without the prior written approval of the other. 12 The Proposer will provide a list of key staff, titles, responsibilities, and contact information to include all expected sub Proposers. 28. WAIVER OF CONTRACT BREACH 28.1 The waiver by one party of any breach of this Agreement or the failure of one party to enforce at any time, or for any period of time, any of the provisions hereof will be limited to the particular instance and will not operate or be deemed to waive any future breaches of this Agreement and will not be construed to be a waiver of any provision except for the particular instance. 29. AMENDMENT 29.1 This Agreement will not be subject to amendment unless made in writing and signed by all parties. 30. CHANGE ORDERS 30.1 The contract price is a “not-to-exceed” cost. At any time additional work is necessary or requested, and the not-to-exceed price is increased thereby, any change, addition or price increase must be agreed to in writing by all parties. The appropriate authorizing signature for the City is the City Administrator. 31. SEVERABILITY OF INVALID PROVISIONS 31.1 If any provisions of this Agreement are held to contravene or be invalid under the laws of any state, country or jurisdiction, contravention will not invalidate the entire Agreement, but it will be construed as if not containing the invalid provision and the rights or obligations of the parties will be construed and enforced accordingly. 32. NOTICE 32.1 Any notice will be in writing and will be deemed to be effectively served when deposited in the mail with sufficient first class postage affixed, and addressed to the party at the party's place of business. Notices shall be addressed to the City as follows: To City: City Administrator City of Yorkville 800 Game Farm Road. Yorkville, IL 60560 And to the Proposer as designated in the Contract Form. III. DETAILED SPECIFICATIONS 33. DEFINITIONS 33.1 For the purpose of the Contract, definitions of certain terms are listed below. Certain words or phrases, when used in the Contract shall have the same meaning given to them 13 in this section. Other terms shall be defined within applicable subsections and appendices. Attached Single-Family Dwelling (Group, Row, Townhouse) A building originally designed and constructed to accommodate two (2) or more dwelling units, with dwelling units joined together by party wall or walls and being not more than two (2) stories in height. Each unit shall have its own ground floor entrance and living space. Biodegradable shall mean chemically structured material that decomposes rapidly primarily through the action of living soil-borne microorganisms (bacteria, fungi, and actinomycetes) or macro-organisms (crickets, slugs, snowbugs, millipedes, etc.). Brown Kraft 2-Ply Paper Bags shall mean a two-layer brown product container comprised of kraft paper most often used to contain groceries. Chipboard shall mean a single-layer cardboard used for packaging cereal, crackers, tissues, and other similar products. Compost(ing) shall mean a biological process by which microorganisms decompose the organic fraction of waste, producing a humus-like material that may be used as a soil conditioner. Contract shall mean the agreement created by and consisting of the Contract Documents. Contract Documents shall include the Request for Proposals, Terms and Conditions, Detail Specifications and the Proposal /Contract Form. Contractor shall mean the firm with which the City has executed the Contract for Solid Waste Collection and Disposal Services Corrugated Cardboard shall mean a sturdy paper product commonly used as a packaging consisting of two paper grades – a wavy inner portion and an outside liner. Curbside shall mean adjacent to the street pavement, alley pavement and gutter and within five feet thereof. Customer shall mean the resident party, property owner of a dwelling unit in Yorkville’s corporate boundary participating in the scavenger collection service. Day shall mean Calendar Day unless otherwise stated. Detached Dwelling shall mean a single-family dwelling entirely surrounded by open space. Disposal Unit shall have different meanings as follows: For the purposes of refuse collection, a “disposal unit” shall mean one (1) 64-gallon, 33-gallon, or 96-gallon tote or one (1) water-tight metal, or plastic reusable waste container, no larger than thirty-two (32) or thirty-three (33) gallons in capacity, containing refuse, yard-waste, organics or household construction and demolition debris as herein defined; or a securely tied, 14 bundle of refuse or debris which is not placed in a container that does not exceed three (3) feet in diameter, six (6) feet in length, and fifty (50) pounds in weight, or one (1) single miscellaneous or odd-shaped item of refuse or debris that does not exceed fifty (50) pounds in weight. A large household item, as herein defined, is to be considered a disposal unit. Household construction and demolition debris, as is herein defined, is to be considered a disposal unit. For the purpose of yard-waste collection, a “disposal unit” shall mean a biodegradable two-ply fifty (50) pound wet-strength kraft paper bag designed for yard-waste collection, not to exceed thirty-three (33) gallons in capacity and fifty (50) pounds in weight, containing “yard-waste” as herein defined, or securely tied, bundles of brush or branches using biodegradable cord, string, rope or twine that does not exceed fifty (50) pounds in weight, two (2) feet in diameter, and four (4) feet in length and is manageable by one (1) person. For purpose of recycling collection, a “disposal unit” shall mean one (1) 64 gallon, 33 gallon, or 96 gallon tote. Envelope shall mean a flat, folded paper container for a letter or smaller object. E-Recycling shall mean the use, collection, and remanufacture of electronic materials as feedstock for the production of new materials or products. Electronic Waste shall mean electronic items banned from Illinois landfills by State Law. These items include, but are not limited to, Televisions, Monitors, Printers, Computers (laptop, notebook, netbook, tablet, desktop), Electronic Keyboards, Facsimile Machines, Videocassette Recorders, Portable Digital Music Players, Digital Video Disc, Players, Video Game Consoles, Small Scale Servers, Scanners, Electronic Mice, Digital Converter Boxes, Cable Receivers, Satellite Receivers, Digital Video Disc Recorders, Cell Phones, Portable Digital Assistant (PDA), Computer Cable, Zip Drive. Frozen Food Packages shall mean paperboard containers with special coatings to prevent tearing of the packages or smearing of the ink from moisture when refrigerated or frozen. Garbage or Rubbish shall mean discarded materials resulting from the handling, cooking, spoilage, and leftovers of food, discarded food or food residues, and paper necessarily used for wrapping same, and all types and kinds of waste materials from housekeeping activities, including, but not limited to ashes, metal cans bottles, books, glass, plastic, newspapers, boxes, cartons, and small amounts of earth, rock or sod, small automobile parts and building materials waste from residential type do-it-yourself projects provided that all such materials are of a size sufficiently small to permit being placed in an approved refuse container, except those items which are banned from direct disposal into a landfill. HDPE shall mean high-density polyethylene. Household Construction and Demolition Debris shall mean waste materials from interior and exterior household construction, remodeling and repair projects, including but not limited to: drywall, plywood and paneling pieces, lumber and other building materials; windows and doors, cabinets, carpeting, disassembled bathroom and kitchen fixtures; and small amounts of sod, earth, clay, sand, concrete, rocks and similar materials. Such debris shall conform to the following: loose small items shall be placed in suitable disposable containers not exceeding fifty (50) pounds in weight, or in bundles 15 not exceeding two (2) feet in diameter, four (4) feet in length, and fifty (50) pounds in weight. Household Garbage shall mean garbage and rubbish as collected from the residents of the City of Yorkville, currently receiving curbside scavenger service or on-site dumpster service. Household Garbage – Large Items shall mean any items set forth under “Garbage and Rubbish” above if such item is too large to fit in an approved Disposal Unit including, but not limited to boxes, barrels, crates, furniture, refrigerators, carpets, mattresses, box springs, hot water heaters, stoves and other household appliances, except those items which are banned from direct disposal into a landfill. Large Items shall not include waste from manufacturing processes, construction materials, broken concrete, lumber, large rocks, automobile parts other than tires or dangerous substances which may create a danger to the health, safety, comfort or welfare of the residents of the City of Yorkville or items which are banned from direct disposal into a landfill. Industrial Wastes shall mean any and all debris and waste products generated by canning, manufacturing, food processing, restaurant, land clearing, building construction or alteration and public works type construction projects whether performed by a governmental unit or by Contract. Juice Boxes shall mean aseptic cartons consisting of a high-grade paperboard coated with polyethylene plastic and aluminum foil, excluding milk cartons. Junk Mail shall mean brochures, advertisements, flyers, post cards, greeting cards, window envelopes, and other similar correspondence. Landscape Waste (also referred to as Yard-waste) shall mean hard landscape waste and soft landscape waste. Large Household Item (also known as “Bulk Item”), shall mean any discarded and unwanted large household appliance such as freezers, stoves, trash compactors, washers, dryers, dishwasher, humidifiers, dehumidifiers, microwaves, water softeners, televisions, pianos, organs, tables, chairs, mattresses, box springs, bookcases, sofas and similar furniture. All “white goods” including those containing CFC’s (chlorofluorocarbons), shall fit into this definition. White goods containing switches containing mercury, and PCB’s (polychlorinated biphenyls) shall not fit into this definition. LDPE shall mean low density polyethylene. Magazines shall mean periodical publications, usually glue bound. Mixed Papers shall mean stationary, various office papers such as; computer paper, xerox paper, note paper, letterhead, and other similar papers. Multiple-Family Dwelling shall mean a dwelling containing three (3) or more dwelling units, with one or both of the following: (a) More than one (1) dwelling unit connecting to a common corridor or entrance-way; or, (b) Dwelling unit vertically connected to 16 neighboring dwelling units through shared floors and ceilings. PET shall mean polyethylene terephthalate. Performance Bond shall mean the form of security approved by the City and furnished by the Contractor as a guarantee that the Contractor will execute the work in accordance with the terms of the Contract and will pay all lawful claims. Processing Center shall mean a location to be maintained or utilized by the Contractor for the purpose of sorting, preparing, and marketing of recyclable materials. Properly-Prepared shall mean materials prepared according to the disposal program restrictions for refuse, yard-waste, and recycling. Processing Costs shall mean all reasonable costs incurred by the Contractor with respect to the collection of recyclables from residents currently receiving curbside scavenger services. Public Awareness Program shall mean a program developed and provided by the Contractor and the City to inform and encourage residents to use the recycling collection services and other waste collection and disposal services of the City. Recyclables or Recyclable Material(s) shall mean, at a minimum, those materials listed on Appendix 2. Recycling shall mean the use, collection, and remanufacture of secondary materials as feedstock for the production of new materials or products. Recycling Containers (bins) shall mean a 64 gallon tote, or a 33-gallon or 94-gallon tote if so acquired by the customer in the manner prescribed in the recycling collection program Refuse shall mean all discarded and unwanted household and kitchen wastes, including but not limited to: food, food residues, and materials necessarily used for packaging, storing, preparing and consuming same, usually defined as “garbage”; and all combustible and non-combustible waste materials resulting from routine domestic housekeeping, including but not limited to: aluminum and steel cans, glass containers, plastic containers, crockery and other containers, metal, paper (of all types), including newspapers, books, magazines, catalogs, boxes and cartons, cold ashes, furniture, furnishings and fixtures, household appliances (all kinds), textiles and leathers, toys and recreational equipment and similar items. For the purposes of this Agreement, the terms “garbage”, “refuse”, “rubbish”, and “waste” shall be synonymous unless otherwise more specifically defined (for example: “yard-waste”). Refuse Sticker shall mean a biodegradable paper stamped with the City name and the Contractor’s name and telephone number providing the solid waste services for the City. The sticker shall represent proof of payment for collection and disposal services to be rendered by the Contractor. 17 Residence shall mean all attached single family and detached single family dwelling. Single-Family Dwelling shall mean a detached dwelling containing accommodations for and occupied by one (1) family only. Specifications shall mean specifications identified in the Contract. Tote (also referred to as a Toter) A plastic wheeled container in size of 64 gallon, 33 gallon, or 96 gallon with tight-fitting cover, requiring semi-automatic lifting mechanism for collection. Waste shall mean refuse, recyclables, yard or landscape waste and white goods. Wet-strength Carrier Stock shall mean rectangular-shaped paperboard containers with special coatings to prevent tearing of the containers or smearing of the ink from moisture when refrigerated. White Goods shall mean refrigerators, ranges or stoves (electric or gas), freezers, room air conditioners, water heaters and other similar domestic large appliances. Yard-waste container/unit shall mean a container or unit and may be a kraft paper bag not exceeding thirty (34) gallons of capacity weighing up to fifty (50) pounds. The kraft paper bag shall be of the type specifically intended for landscape waste, being specifically biodegradable and not chemically treated; or a waste container (excluding plastic bags) not exceeding thirty-four (34) gallons of capacity weighing up to fifty (50) pounds; or bundles of hard landscape waste not exceeding two (2) feet in diameter and four (4) feet in length weighing up to fifty (50) pounds. Said bundle to be securely tied with biodegradablenatural fiber twine. Securing with plastic or wire is prohibited. Yard-waste (also known as “landscape waste”) shall mean grass clippings, leaves, branches and brush, other yard and garden trimmings, vines, garden plants and flowers, weeds, tree droppings (for example: pine cones and crabapples), and other similar organic waste materials accumulated as the result of the cultivation and maintenance of lawns, shrubbery, vines, trees and gardens. Sod, dirt, Christmas trees, and greenery from wreathes and garlands shall not be considered yard-waste and shall be disposed of as refuse, unless the composting facility will accept it. 34. DESCRIPTION OF THE BASE SOLID WASTE PROGRAM 34.1 Refuse, yard-waste, and curbside recycling services are provided to residences located within the City on a once-per-week basis. 34.2 A modified volume based program, based on a monthly fee for pickup of all refuse, consisting of one 33-gallon, 64-gallon tote, or 96-gallon tote, and a $1 charge for each refuse disposal unit beyond the tote, unlimited yard waste and unlimited recycling. As part of program, the contractor shall supply the customer with a tote of a size of the customer’s choosing for a cost outlined in Appendix 1. 34.3 Bulk items as herein defined, are considered subject to collection by the 18 CONTRACTOR, according to the terms and definitions of this contract. Residents with additional material or home improvement projects may contract separately with the CONTRACTOR. The CONTRACTOR will make available 6, 10, 15, 20, and 30 cubic yard containers for this purpose. Bulk item collection shall be for the collection of one (1) large household item per week from residential units at no additional cost to the resident. 34.5 Yard-waste collection shall begin each year on the 1st collection day in April and end the last collection day in November. 35. SCOPE OF WORK 35.1 The Contractor shall be responsible for performing all work as outlined in the specifications herein and shall provide and furnish all labor, materials, equipment and supplies, vehicles, transportation services, and landfill and compost facility space required to perform and complete the collection and disposal of refuse and yard waste. The Contractor shall also make necessary arrangements with processors required to perform and complete the collection and marketing of recyclables. 35.2 The collection of refuse, yard waste, and recyclable materials shall be a joint program awarded to one firm and cannot be quoted or operated as separate programs. 36. COLLECTION UNITS 36.1 The base unit of service shall be known as a “Collection Unit or Stop”. The Contractor shall collect, remove and dispose from every residential building unit, as defined herein, in the City of Yorkville, all refuse, yard-waste and curbside recyclables that may be set out for collection one (1) time each week. 37. GARBAGE AND REFUSE COLLECTION; PREPARATION AND PLACEMENT OF DISPOSAL UNITS 37.1 Toter or can production: The CONTRACTOR agrees to provide, at its own expense, one 33-gallon, 64 gallon, or 96-gallon totes to each single-family residence in the City for thepurposes of garbage collection. The carts will remain the property of the CONTRACTOR and the CONTRACTOR will be responsible for replacement of carts that become worn or damaged through normal usage. 37.2 All GARBAGE and REFUSE as herein defined that is designated for collection and disposal hereunder must be placed in one of the following containers: 1) the provided totes 2) a water-tight metal or plastic reusable waste container no larger than thirty-three (33) gallons in capacity and no smaller than fifteen (15) gallons in capacity 3) a heavy duty bag no more than 33-gallons in capacity and less than 50 pounds in weight, which is securely fastened 37.3 Cans, containers, and/or heavy duty bags must be placed at the curb or roadway or in the alley (if designed by the CONTRACTOR). 19 37.4 All residences receiving the aforementioned services shall be required to prepare all materials for collection and/or disposal into proper "disposal units". The CONTRACTOR will be required to collect only properly prepared disposal units. 37. 5 Residents will be allowed to place unlimited amounts of disposal units at the curb for collection and disposal provided that a disposal sticker has been attached to each unit above and beyond the disposal units covered in the monthly fee. 37.6 Properly prepared refuse shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians or snow plowing operations. The CONTRACTOR shall return all containers at each pick-up location to the curbside or adjacent to the right-of-way of paved or traveled City roadways. Containers will be placed, not thrown, and securely placed in such a manner that they are not left lying on their sides or in a manner that would allow roadway interference of vehicle and/or pedestrian traffic. Any contents spilled by CONTRACTOR on the parkways, premises, or streets are to be cleaned up in a workmanlike manner. 38. ACCEPTABLE/UNACCEPTABLE MATERIAL 38.1. UNACCEPTABLE MATERIAL: Residents shall not set out for disposal and the CONTRACTOR shall refuse to accept for regular collection: hazardous waste materials, radioactive materials, poisons, liquid waste, paint or similar products, acids, used motor oils, or any other material that the CONTRACTOR is legally unable to accept. 38.2 ACCEPTABLE MATERIAL: All refuse normally produced by residential properties shall be accepted for regular collection including but not necessarily limited to: bulk items, household fixtures, appliances, furniture and yard-waste. 39. EXAMINATION OF SERVICE AREA 39.1 It is the responsibility of the Contractor to be completely informed of all conditions under which service is to be performed, the service area, and all other relevant matters pertaining to the collection services as specified herein, including, but not limited to, type of housing, population density, roads, traffic patterns, required collection procedure, labor requirements, and any other factor which would effect the execution and/or completion of the work covered by the contract. 40. ALTERNATIVES AND DEVIATIONS 40.1 The specifications included in this package describe existing services which the City believes are necessary to meet performance requirements and shall be considered the minimum standards expected of the Contractor. 40.2 Other alternatives from the specifications in Section III may be indicated if the proposed alternatives are equal to or greater than what is required by these specifications. All alternatives shall be separately listed, and a justification for each shall be stated. The Contractor shall use Appendix 3, Schedule of Alternatives and Deviations, for listing other alternatives. 40.3 If the Contractor is unable to meet any of the specifications as outlined herein, it shall also separately list all requested deviations from the specifications, with justifications attached for each deviation. The Contractor shall use Appendix 3, Schedule of 20 Alternatives and Deviations, for listing proposed deviations. 40.4 If the Contractor does not indicate alternatives to or deviations from the specifications, the City shall assume it is able to fully comply with these specifications. The City, individually, shall be the sole and final judge of compliance with all specifications. 40.5 The City, individually, further reserves the right to determine the acceptability or unacceptability of any and all alternatives or deviations The City, individually, shall also be the sole and final judge as to whether any alternative or deviation is of an equivalent or better quality of service. 41 CHRISTMAS TREE COLLECTION 41.1 The CONTRACTOR will provide curbside collection service of live Christmas trees two (2) weeks during the 1st and 2nd full week in January each contract year. It will be the responsibility of the CONTRACTOR to either recycle or correctly dispose of live Christmas trees. There will be no cost to the City for this service. The CONTRACTOR and the City will work together to educate the public with respect to the condition of the trees before they will be collected. Christmas trees will be accepted provided they are free of all ornamentation, including tinsel, garland and lights. If disposable tree bags are used, a refuse sticker must be affixed to the plastic bag. Christmas trees placed at the curb during the two-week special collection period shall be recycled. Recycling shall consist of taking the Christmas trees to a compost site to be chipped, mulched or composted. The CONTRACTOR shall provide the name and location of the compost site in accordance with Appendix 5. 42. YARD-WASTE/BUNDLED BRUSH COLLECTION 42.1 Yard-waste collection programs As a part of yard-waste collection, all eligible households located within the City’s corporate boundaries shall be provided weekly yard-waste and bundled brush collection in an unlimited amount. All yard waste materials must be placed in “Kraft” paper bags designed and sold specifically for the collection and disposal of yard waste. All bundled brush must not exceed four (4) foot length, with each individual bundle not to exceed excess weight of fifty (50) pounds. Resident customers placing bundled brush out for collection will be required to bundle brush with biodegradable natural fiber twine (plastic or wire is prohibited). Bundled brush will be collected on regular refuse service days during the yearly period of time established, (April 1st through the last collection day in November). 43. RECYCLABLE MATERIAL PROGRAM 43.1 The CONTRACTOR agrees to provide, at its own expense, one 33-gallon, 64-gallon, or 96-gallon tote to each single-family residence in the City for the purposes of recycling collection. The carts will remain the property of the CONTRACTOR and the CONTRACTOR will be responsible for replacement of carts that become worn or damaged through normal usage. 43.2 The City’s recyclable material program shall remain voluntary on the part of any person receiving residential scavenger service as covered under this contract. The Contractor shall, however, provide for the collection and disposal of all recyclable material placed United City of Yorkville 21 for collection in accordance with the terms of this Contract. The Contractor shall provide for the collection and disposal of recyclable material at no additional cost to customers receiving residential scavenger service as covered under this contract. The cost of recycling collection and disposal services has been built into the rates and charges otherwise provided for in the Contract for collection of refuse and yard-waste. 43.3 All revenue collected from the sale of recyclable material shall be the property of the Contractor. 43. 4 The Contractor shall have representatives available to participate in community- sponsored events promoting environmental awareness. 43.5 The method in which the recyclables are to be generally sorted for collection by the household shall be commingled within the recycling container(s). 43.6 The Contractor shall specify the manner in which the recyclables are to be collected and sorted by the Contractor at the curbside; i.e. curb-sort, sorting at an intermediate processing facility, and the like. The Contractor will be responsible for cleaning up any material that has spilled as a result of the collection process. 43.7 The Contractor shall allow for a tagging system for recyclables not collected and must provide a simple explanation as to why the recyclable material(s) were not picked up, including, but not limited to, the following: contaminants, improper preparation; materials not accepted in program: refuse and/or yard-waste mixed with recyclables; or some combination thereof. The Contractor shall submit an example of the tagging system to be used. Recyclable materials that were rejected shall be returned to the container and not left on the street or parkway areas. 43.8 The Contractor shall purchase and maintain a reasonable supply of recycling totes, for residential scavenger service to cover replacement for lost, damaged and stolen containers, and for customers desiring additional recycling capacity. The City, individually, reserves the right to approve the type of containers purchased by the Contractor. 43.9 The Contractor shall pick up all recyclable material placed in the recycling totes, the recycling containers supplied by the Contractor, or any other recycling containers used by the customer. If, for operational purposes, the Contractor has difficulty identifying recycling containers used for recycling purposes, the Contractor shall provide free of charge, a recycling sticker or other identification mechanism to be placed on the various recycling containers used for collection of recyclable material. 43.10 The Contractor shall provide the name and location of the processing facility, as well as the proposed buyer/market for recyclable materials as set forth in Appendix 5 In the event that an alternative site is preferred by the City, the Contractor shall use the alternative site location provided that any changes in the costs for collection and processing created by the use of such site will be negotiated between the City and the United City of Yorkville 22 Contractor prior to its use. 43.11 The City, reserves the right to accept or reject any or all suggested categories, which may be offered for collection in the residential recycling program. The City, also reserves the right to phase in at a later date, any material(s) which the Contractor has indicated an ability to collect but which the City has determined not to add to the collection program, or to phase in any material(s) that the Contractor may not presently offer but will be able to offer sometime during the term of the Contract. The basis for determining cost of adding materials at a later date will be based on evidence supplied by the Contractor specifically justifying additional cost due to collection, administration, profit, and processing (minus revenue) only. 44. ELECTRONIC WASTE MANAGEMENT 44.1 The CONTRACTOR shall allow for the collection of Electronic Waste as defined herein. Residents must contact the CONTRACTOR to schedule a date and time for collection. There shall be no cost associated with this service. All Electronic Waste shall be placed at the curb. Items that require more than one person to collect may require an additional fee as determined by the CONTRACTOR. 45. CURBSIDE COMPOSTING PROGRAM 45.1 The CONTRACTOR agrees to provide, at its own expense, one 33-gallon or one 64- gallon tote to each single-family or detached residence in the City that opt-in to the optional organics collection. The carts will remain the property of the CONTRACTOR and the CONTRACTOR will be responsible for replacement of carts that become worn or damaged through normal usage. 45.2 The City’s curbside composting program shall remain voluntary on the part of any person receiving residential scavenger service as covered under this contract. The Contractor shall, however, provide for the collection and disposal of all organic material placed for collection in accordance with the terms of this Contract. The Contractor shall provide for the collection and disposal of organic material at an additional monthly cost to customers receiving residential scavenger service as covered under this contract. 45.3 The Contractor shall provide the name and location of the processing facility, as well as the proposed buyer/market for organic materials as set forth in Appendix 5 In the event that an alternative site is preferred by the City, the Contractor shall use the alternative site location provided that any changes in the costs for collection and processing created by the use of such site will be negotiated between the City and the Contractor prior to its use. 45.4 Yard waste may also be co-mingled in with the organic compost material. 45.5 The City, reserves the right to accept or reject any or all suggested categories, which may be offered for collection in the residential composting program. The City, also reserves the right to phase in at a later date, any organic material(s) which the Contractor has indicated an ability to collect but which the City has determined not to add to the United City of Yorkville 23 collection program, or to phase in any material(s) that the Contractor may not presently offer but will be able to offer sometime during the term of the Contract. 46. AMNESTY DAY 46.1 The CONTRACTOR shall provide for a spring and fall curbside collection of additional refuse, yard-waste and bulk items as defined herein, on a date(s) that is mutually agreed upon between the CONTRACTOR and the CITY. In addition, the CONTRACTOR will collect WHITE GOODS and up to 4 automobile tires during the scheduled Amnesty Day. All rims must be removed from the tires prior to collection. There shall be no additional charge to the residents for the clean up and additional BULK ITEMS and WHITE GOODS that will be accepted during the designated clean-up week and stickers will not be required. 47 COLLECTION FROM MUNICIPAL FACILITIES 47.1 At no additional cost, the Contractor shall collect, transport, and dispose of all refuse, yard-waste and recyclables from all municipal-owned facilities as set forth in Exhibit B. The Contractor shall furnish, at no additional cost to the City, at each municipal building served, containers for refuse, yard-waste and recyclables as requested by the municipality’s Designated Representative, with the size to be agreed upon. The City reserves the right to request such containers, in addition to, or increase the size of normal containers, on a permanent or temporary basis. If requested by the City, any and all containers furnished by the Contractor shall be equipped with non-removable hinged covers or lids. Collection and disposal services by the Contractor will be as often as necessary each week, as set forth in Exhibit B. 48 STICKER DESIGN AND DISTRIBUTION 48.1 The CITY, individually, have the sole authority to approve or disapprove the design and construction of the CONTRACTOR's stickers. Stickers must be of an approved color, which should be clearly visible at dawn or at dusk by drivers, and which said color should be changed periodically to prevent counterfeiting. The paper used shall be biodegradable and shall contain glue backing that will adhere in sub-zero temperatures as well as in extreme heat. The stickers shall contain the CONTRACTOR's name and telephone number, state the name of the municipality and be consecutively numbered for record keeping and balancing purposes. The CONTRACTOR will deliver stickers to retail outlets and the CITY upon request. 48.2 The CONTRACTOR shall be responsible for the printing, distribution, and sale of an ample and always available supply of waste stickers. The CONTRACTOR shall arrange for local retail outlets to aid in the sale of the stickers. The CITY also may act as a disposal sticker retailer for the CONTRACTOR. 49. [Section purposefully omitted] 50. BILLING PROCEDURES 50.1 The CONTRACTOR shall bill the City individually for all serviced UNITS within the respective municipality. The City shall provide the contractor with the number of United City of Yorkville 24 occupied UNITS within the municipality on a monthly basis. 51. MONTHLY REPORTING 51.1 The Contractor shall prepare and submit to the City a monthly refuse, yard- waste,recycling material, electronic material and organic material report, due by the 25th of the following month. The report shall include the following information for all residential scavenger service in each municipality covered under this contract: 51.2 Refuse - Total weight in tons and total volume in compacted cubic yards of refuse land- filled each month; Number of white goods collected each month; Tipping fee charge per ton at the landfill site; Name and location of the landfill facility and/or transfer station used by the Contractor; and, Copy of all complaints filed by the City customers during the month. 51.3 Yard-waste - Total volume, in compacted cubic yards, of yard-waste collected; Tipping fee charge per compacted cubic yard at the compost facility; Name and location of the compost facility used by the Contractor; and, Copy of all complaints filed by the City customers during the month. 51.4 Recyclable Material - Weekly set-out rate; Monthly participation rate (total number of set-outs divided by the number of homes/dwelling units included in the collection service); Total weight, in pounds, of recyclable materials collected; Revenue received by the Contractor for the sale of recyclables; Tipping fee savings (total weight of recyclable materials collected in tons multiplied by the tipping fee charge per ton at the landfill site); Name and location of processing facility used by the Contractor; and, Copy of all complaints filed by the City customers during the month. 51.5 Electronic Waste – Total weight in pounds and total volume of materials collected. Number of goods collected every month. Name and location of processing facility used by the Contractor; and, Copy of all complaints filed by the City customers during the month. 51.6 Organics Material – Weekly set-out rate in months April-November and bi-weekly set out rate in months December-March; monthly participation rate (total number of set-outs divided by the number of homes/dwelling units included in the collection service); Total weight, in pounds, of organic materials collected; Name and location of the compost facility used by the Contractor; and Copy, of all complaints filed by the City customers during the month. 52. CONSUMER EDUCATION 52.1 Upon request, the Contractor agrees to provide City residents with such educational materials as the City, individually, deems necessary. Educational materials may include notices to be left at resident’s property as well as literature describing in detail the refuse, recycling and yard-waste collection program. There shall be no cost to the City or its residents for the printing and distribution of any consumer education materials. United City of Yorkville 25 53. TITLE TO WASTES 53.1 All refuse, yard-waste, and curbside recyclables collected shall belong to the Contractor as soon as the same is placed in the Contractor’s vehicle. 53. DISPOSAL 53.1 All refuse and yard-waste collected shall be removed from the City by the Contractor as soon as it has been collected; but in any event, not later than noon of the date following collection, and shall not be disposed of in violation of any state, federal or county laws or regulations. 54. RATES AND SPECIAL RATES 54.1 For any services required to be performed under this Contract, the charge shall not exceed the rates as fixed by the Contract and set forth in Appendix 1 attached hereto and made a part hereof. For items not otherwise provided for by the Contract document, and requiring special handling due to size, weight, type of material or method of placement, the charges are to be negotiated between the Contractor and the resident customer for collection and disposal into a landfill or processing facility. 55. SPECIAL & EMERGENCY COLLECTIONS 55.1 The Contractor shall offer special curbside collection service for large quantities of refuse including, but not limited to, construction and demolition debris, and move-in or move- out clean-up rubbish. Such services shall be an advance arrangement with the Contractor at the resident customer request. The collection cost for such services shall be based upon cubic yards and the resident customer shall make payment directly to the Contractor. The Contractor agrees to provide free dumpsters (sizes 1 yard through 30 yard as requested by the City) for refuse and recycling collection during the City’s annual Hometown Days, 4th of July Parade and celebration in the park, and other City managed special events.. The City and the Contractor may mutually agree to emergency pick-up services for disasters including, but not limited to, flood, wind and snow. For items not otherwise provided for by this AGREEMENT, and requiring special handling due to size, weight, type of material or method of placement, the charges are to be negotiated between the CONTRACTOR and the resident customer for collection and disposal into a landfill or processing facility. 56. SCHEDULE AND TIME OF COLLECTIONS 56.1 The City shall be divided into collection areas and a regular weekday collection shall be assigned to each area. A map of the City, designating collection areas shall be made a part of this contract and attached hereto as Exhibit A. For the subscriber-based (opt-in) organic materials collection, collection will occur on the regular weekday collection day in the months April-November and every other regular weekday collection day in the months December-March. 56.2 The schedule shall not be changed without first obtaining consent from the City Administrator, and not without giving a minimum of thirty (30) days written notice to all parties affected by the change. The City may, at its discretion, waive the minimum time limits required. This waiver must be in writing and signed by the City designee. The United City of Yorkville 26 Contractor will be required to publish an advertisement twice per week in two separate weekly issues of the local newspapers, no earlier than 60 days prior to the change, with the last advertisement to be no later than fifteen (15) days prior to the schedule change. Failure of the Contractor to maintain said collection schedule shall be considered a breach and default of the contract and grounds for immediate termination of the contract. 56.3 In no case shall collection commence prior to 6:00 a.m. or continue past 7:00 p.m. on any day during the term of the contract. The collection schedule shall not include Saturday or Sunday as a regular collection day for any area in the City. 57. HOLIDAYS 57.1 Collection normally falling on the following holidays may be rescheduled for the first working day following the legal holiday, or on Saturday, as necessary, for that week only: New Year’s Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day 57.2 The Contractor agrees to inform the City and its residents of changes in normal collections due to holidays by notification through at least two local media outlets or establish a permanent holiday schedule or plan to be printed within the refuse literature. 58. SCHEDULE ADHERANCE 58.1 If, at any time during the term of this contract, the Contractor shall collect any section of the City on a day other than the scheduled day, the Contractor shall immediately notify the respective municipality that he is in violation of the contract. If a similar violation should occur more than once within the three week period following the week of the original violation, the City will notify the Contractor by certified mail and withhold any further payment that may be due under the contract until the Contractor has furnished evidence satisfactory to the City that the Contractor has taken necessary actions and precautions to prevent further violations. The City may determine that this second or subsequent collection violation as a breach of contract, and therefore the City reserves the right to terminate the contract. Delays that are occasioned by holidays, or by daily (any 24-hour period) precipitation of four (4) inches or more of rain, or eight (8) inches or more of snow, may not be considered as violations. The City Administrator shall be the judge of whether delays constitute a violation, or not. 59. PLACE OF PICK-UP 59.1 The Contractor is responsible for the public streets, or properly wavered private street curbside pick-up of all residential locations as well as designated locations as requested by the City. 60. REPLACEMENT DAMAGE 60.1 The Contractor is responsible for damages resulting from its careless handling of any receptacle. The Contractor at no extra charge to the user shall replace all containers, which suffer damage caused by the Contractor. If the original container was supplied by United City of Yorkville 27 the CONTRACTOR, the containers so supplied shall remain the property of the CONTRACTOR. If the original container was supplied by the resident, then the replacement container shall be the property of the resident. 61. COLLECTION VEHICLES 61.1 All vehicles used for collection purposes, except those exempted by other provisions of these specifications, shall have fully enclosed bodies with self-contained mechanisms to load and compress the material collected. These vehicles must be modern, neat, rear, front, or side-loading packer-type motor trucks, have entry for refuse into the vehicle’s collecting body. All vehicles shall be kept watertight to prevent leaking, shall be kept closed except during collections along collection route. All equipment used by the Contractor shall be painted with no rust showing on the cab, chassis or body. Vehicles must be kept in clean, sanitary and quiet operating condition. Vehicles must at all times be supplied with brooms and necessary items to provide for immediate clean up of any litter or mess, which may result from leaking, spilling or blowing during collection procedures. Vehicles shall be clearly labeled with the firm’s name, address, and telephone number and have a vehicle identification number printed clearly on each and every vehicle. However, if the Contractor desires to use a vehicle of larger capacity, specific written approval of the specific vehicle shall be required from the City’s Designated Representative, after an actual demonstration of the vehicle on the streets of the respective municipality. Overweight vehicles are the responsibility of the Contractor. Contractor is required to comply with weight requirements and safety requirements as established by Illinois Law or City Ordinances for vehicles, vehicle operators and specialty equipment. 62. EMPLOYEES 62.1 The Contractor shall undertake to perform all disposal services rendered in a neat, orderly and efficient manner; to use care and diligence in the performance of this contract; and to provide neat, orderly and courteous personnel on its crews. The Contractor shall agree to prohibit any drinking of alcoholic beverages or use of illegal drugs or drugs which impair the ability of the employee or agent to safely and adequately perform his or her (drivers and crew members) job while on duty or in the course of performing their duties under this contract. The Contractor shall also agree to ensure that each employee driving a vehicle shall at all times carry a valid operator’s license for the type vehicle he/she is driving. The Contractor’s employees will be attired, at all times, in a professional-type manner. These specifics will be agreed upon between representatives from the Contractor and the City Designated Representative. 63. ACCIDENT PREVENTION 63.1 Precaution shall be exercised at all times for the citizens, employees and property. The safety provisions of all applicable laws and building and construction codes shall be observed. Machinery, equipment and all hazards shall be guarded or eliminated in accordance with the safety provisions of the manual of Accident Prevention in Construction, published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law. United City of Yorkville 28 64. COMPLAINT PROCEDURE 64.1 All complaints received by the Contractor shall be given prompt and courteous attention. The City, individually and the Contractor will agree upon a formalized complaint form to be filled out by the Contractor each and every time a customer contacts the Contractor with a complaint. It will be the Contractor’s responsibility to have the complaint forms, on NCR (no carbon required) paper, printed and available for use by the Contractor prior to the commencement of this Contract. The Contractor will supply the City with sufficient NCR forms for logging of complaints by City staff. Any complaint received by the City shall be immediately communicated to the contractor. The Contractor is required to supply the City with copies of all complaint forms within five (5) business days of a complaint being made, indicating thereon the resolution thereof. 64.2 The Contractor shall provide the City with name, phone number, and email address for an individual to serve as point person for purposes of City staff contact with the Contractor. 65. COMPLAINTS 65.1 Where any dispute arises between a resident/customer and the Contractor, as to the manner or placing of containers for collection or preparation of recyclable materials, or the nature of the Contract or the like, the Contractor agrees that in the specific instance collection will be immediately made even though in its opinion, the customer is in error; and that it will immediately report the same to the City’s Designated Representative so that the City and the Contractor may resolve the dispute, if possible, before additional collection becomes necessary. The intent of this paragraph is to avoid disputes/disagreements between the customers and the Contractor’s employees, and to permit disputes/disagreements to be handled by mutual discussion between the Contractor and the City. If a missed pick up is reported by the City or a customer to the Contractor, the Contractor shall collect the refuse, recyclable material or yard-waste from such customer within on (1) business day of notification. All complaints other than missed pickups shall be resolved to the satisfaction of the City within two (2) business days. As noted above, the Contractor shall supply to the City a NCR copy of the complaint form for each and every complaint and on which the nature of the complaint and the disposition is clearly noted. The Contractor shall cooperate with the City in minimizing complaints from customers. Continued unreasonable complaint levels, as determined by the City, or failure of the Contractor to carry out any of its contractual obligations such as, but not limited to, rude treatment, messy pickups, damage to persons or property and early start-up may be due cause for the City to terminate this Contract after notice and an opportunity to be heard. 66. CUSTOMER VIOLATIONS OF MUNICIPAL CODE 66.1 The Contractor shall have the right to notify any customer of noncompliance with the applicable Yorkville code provisions concerning the handling or disposal of solid waste as those same may apply to such customers. The Contractor shall report any continuance of any such noncompliance to the respective City. 67. NEW CUSTOMERS United City of Yorkville 29 67.1 The Contractor agrees to provide service immediately to all new customers, even if the new customer neglected to first notify or request collection services. The City agrees to make every effort possible to alert the new customer to the collection procedure for refuse, recycling and yard-waste. 68. EXCLUSIVE GRANT/INTENT 68.1 The City agrees that in consideration of the faithful performance of the obligations herein undertaken by the Contractor, the City does, by execution of this Contract pursuant to City Code, give and grant to the respective Contractor, for the term of this Contract only, the sole and exclusive Class A License to collect and dispose of all residential solid wastes. The Contract shall include all residences (attached single-family and detached single-family as defined herein) and municipal facilities as required within the corporate boundaries of the City of Yorkville. This grant expressly includes the right and duty to service any land annexed to the City where new residences or municipal buildings have been constructed during the term of this Contract. Service will be provided on the same terms as set forth herein. The City shall communicate any changes to the corporate boundaries or service area resulting from annexations, zoning actions, site plan approvals, construction, etc., to the Contractor. It is the intent of this Contract to obtain, throughout its term, clean, courteous, well scheduled, and well-executed collection and disposal or processing of refuse, recycling and yard-waste from properties in the City of Yorkville. While the City recognizes that any collection service involves minor customer operating problems, the intent of this Contract is to ensure that any such operating problems are minimized to the extent possible and corrected as soon as possible. 69. QUALIFICATIONS/REFERENCES 69.1 The Contractor shall provide at least five (5) references of “like” public agencies with current contacts in accordance with Appendix 4 and shall indicate if appropriate, which municipality has implemented a volume-based program. Contractor shall complete the attached Appendix 6 listing its qualifications. 70. PROPOSAL SECURITY 70.1 Each proposal shall be accompanied by proposal security, which shall be in the form of a certified check or a bank cashier's check in the amount of five thousand dollars ($5,000), made payable to the City of Yorkville. Proposals submitted without the required security shall be rejected. After formal written notification by the City that a contract award decision has been made, the proposal security of the successful Contractor shall be forfeited to the City in the event that the Contractor shall withdraw its proposal, or neglect or refuse to enter into a contract and required bond, and the Contractor shall be liable for any damages the City may thereby suffer. 70.2 Proposal securities shall be released as follows: (1) The successful Contractor's security shall be retained until the required performance bond ($500,000.00) has been furnished; (2) Proposal securities of the proposing Contractors shall be held until the successful Contractor's performance bond has been furnished, at which time the checks will be promptly returned to the unsuccessful Contractors United City of Yorkville 30 71. TERM OF CONTRACT 71.1 The term of the Contract will be Five (5) years, and shall commence at 12:01 a.m. on May 1, 2017 and shall remain in full force and effect through termination at 11:59 p.m. on April 30, 2022. Upon request, the City may exercise an option to extend the contract term for an additional one (1) year period ending at 11:59 p.m. on April 30, 2023. The Contractor may negotiate in good faith, on request of the City, for an extension to the contract, provided that the contract extension is approved by the City Council no later than one hundred twenty (120) days before the termination of the existing contract. 72. STICKER REFUND 72.1 At the end of the Contract term, should the City select a different scavenger service, the Contractor agrees to refund to all customers, retailers and the City, the full purchase price of all refuse/yard-waste stickers returned to the Contractor within one hundred twenty (120) days after the end of such term. 73. PERFORMANCE BOND 73.1 The Contractor shall provide a performance bond issued by a surety in an amount of $500,000 to the City. 74. EMERGENCIES 74.1 The Contractor agrees that should any emergency arise by reason of storm, tornadoes, or other act of God which require additional hauling equipment by the City, the Contractor’s equipment shall be placed at the disposal of the City upon request for such temporary use, provided that upon such use the City shall pay the operating cost of such equipment and labor as it is used. The City reserves the right to direct which disposal sites are to be used during an emergency. 75 LOCAL IMPROVEMENTS 75.1 The City of Yorkville reserves the right to construct any improvement or to permit any construction in any street, which may have the effect for a time of preventing the Contractor from traveling his accustomed route or routes for collection. The Contractor shall, however, by an acceptable method, continue to collect the refuse, yard-waste and recyclables to the same extent as though no interference existed upon the streets formerly traveled. This shall be done without extra cost to the City of Yorkville. 76. TAXES, LICENSES & PERMITS 76.1 The Contractor shall pay all sales, use, property, income, and other taxes that are lawfully assessed against the City or the Contractor in connection with the Contractor’s facilities and the work included in this Contract, and shall obtain and pay for all licenses, permits, certificates of authority, and inspections required for the work. The Contractor shall furnish to the City satisfactory evidence that it has all permits, licenses, and certificates of authority required to operate for the term of this contract. 77. DEFAULT 77.1 If the Contractor fails to observe the established schedule for more than two (2) United City of Yorkville 31 consecutive working days, and in the opinion of the City’s Designated Representative, there has not been sufficient cause to justify such lack of observance, the City , respectively, shall serve notice, either personally or by affixing such notice to the local premises of the Contractor, that this contract shall be in default if the Contractor does not take action to re-establish the schedule within twenty-four (24) hours of said notice. If at the end of the twenty-four (24) hour period, the Contractor has not made the necessary corrections, the City shall take such steps as are necessary, to provide services according to the collection schedule submitted by the Contractor. The Contractor will be liable for any costs of such steps from the date of the notice of default. If deemed necessary by the City’s Designated Representative, the City shall have the right to take over all equipment and facilities of the Contractor for a period of up to one-hundred-twenty (120) days from the date of notice of default. 78. STRIKES/FORCE MAJEURE 78.1 The Contractor shall be required to file proof with the City Administrator, or their designee that it has a "no strike" provision for the duration of all collective bargaining agreements with its workers. Upon execution of any new agreement, the Contractor shall forward to the City Administrator within thirty (30) days thereafter, proof that said agreement also contains a "no strike" clause. 78.2 In the event that the Contractor shall fail to collect, remove and properly dispose of the waste in accordance with the terms of this contract, for a period of five (5) business days or more, the City, may, at its option, cause such waste to be collected and disposed of by any reasonable means available to the City, and the cost thereof may be charged against the Contractor and the performance bond furnished by the Contractor. The foregoing option shall not be available to the City, if the Contractor's failure so to collect and remove waste for the period was due to unusual weather conditions, or some other "act of God," which rendered such collection and removal impossible to perform. The Contractor shall not be liable for the failure to perform its duties if such failure was caused by a catastrophe, riot, war, government order or regulation, fire, accident or any similar contingency beyond the reasonable control of the Contractor. "Act of God" does not include any strike, sympathy strike, slowdown, sit-down, stoppage of work, refusal to perform overtime, mass absenteeism, refusal to cross a picket line or any other similar concerted action or intentional interruption or disruption of the operations of the Contractor by Contractor's own employees (the foregoing collectively referred to as "labor dispute"), provided, however, that in the event that the City exercises its option under this Article to collect and dispose of waste by other reasonable means because of the Contractor's failure to perform due to a labor dispute, the total amount charged against the Contractor by the City can only be an amount which is in excess of the total amount that the City would have otherwise paid to the Contractor for collection over the duration of the labor dispute. The CONTRACTOR shall promptly notify the City in writing of any event covered by this Section and the date, nature and cause thereof. Such notice shall indicate the anticipated extent of such delay and the obligations under this Agreement to be affected thereby. United City of Yorkville 32 United City of Yorkville 33 IV. PROPOSAL/CONTRACT FORM ***THIS PROPOSAL, WHEN ACCEPTED AND SIGNED BY AN AUTHORIZED SIGNATORY OF THE CITY OF YORKVILLE, SHALL BECOME A CONTRACT BINDING UPON BOTH PARTIES. Entire Block Must Be Completed When A Submitted Bid Is To Be Considered For Award PROPOSER: ______________________________ Date: ______________________ Company Name ___________________________ ______________________________ Email Address Street Address of Company ___________________________ ______________________________ Contact Name (Print) City, State, Zip ___________________________ ______________________________ 24-Hour Telephone Business Phone ___________________________ ______________________________ Signature of Officer, Partner or Fax Sole Proprietor ___________________________ Print Name & Title ATTEST: If a Corporation ______________________________ Signature of Corporation Secretary CITY OF YORKVILLE ___________________________________ ATTEST: Authorized Signature __________________________________ ___________________________________ Signature of City Clerk Title ___________________________________ ___________________________________ Date Date In compliance with the specifications, the above-signed offers and agrees, if this Proposal is accepted within 90 calendar days from the date of opening, to furnish any or all of the services upon which prices are quoted, at the price set opposite each item, delivered at the designated point within the time specified above. United City of Yorkville 34 VENDOR W-9 REQUEST FORM The law requires that we maintain accurate taxpayer identification numbers for all individuals and partnerships to whom we make payments, because we are required to report to the I.R.S. all payments of $600 or more annually. We also follow the I.R.S. recommendation that this information be maintained for all payees including corporations. Please complete the following substitute W-9 letter to assist us in meeting our I.R.S. reporting requirements. The information below will be used to determine whether we are required to send you a Form 1099. Please respond as soon as possible, as failure to do so will delay our payments. BUSINESS (PLEASE PRINT OR TYPE): NAME:_______________________________________________________________________________ ADDRESS: ____________________________________________________________________________ CITY:__________________________________________________ STATE:_______________________________ ZIP:________________________________ PHONE:_________________________________ FAX: ___________________________________ TAX ID #(TIN): _________________________________ (If you are supplying a social security number, please give your full name) REMIT TO ADDRESS (IF DIFFERENT FROM ABOVE): NAME:____________________________________________________________________________ ADDRESS: _________________________________________________________________________ CITY:___________________________________________________ STATE:______________________________ ZIP:________________________________ TYPE OF ENTITY (CIRCLE ONE): •Individual •Sole Proprietor •Government Agency •LLP (Limited Liability Partnership) •LLC (Limited Liability Corporation) • Medical •Partnership •Charitable/Nonprofit •Incorporated •Other (Please describe) _________________________________ SIGNATURE:_______________________________________________ DATE: _________________ United City of Yorkville 35 PROPOSER’S CERTIFICATION (page 1 of 3) With regard to ______________________, proposer ______________________hereby certifies (Name of Project) (Name of Proposer) the following: 1. Proposer is not barred from bidding this contract as a result of violations of Section 720 ILCS 5/33E-3 (Bid Rigging) or 720 ILCS 5/33E-4 (Bid-Rotating); 2. Proposer certifies that it has a written sexual harassment policy in place and is in full compliance with 775 ILCS §12-105(A)(4); 3. Proposer certifies that not less than the prevailing rate of wages as determined by the City of Yorkville, Kendall County or the Illinois Department of Labor shall be paid to all laborers, workers and mechanics performing work for the respective municipality. All bonds shall include a provision as will guarantee the faithful performance of such prevailing wage clause. Proposer agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq., for all work completed. Proposer agrees to pay the prevailing wage and require that all of its subcontractors pay prevailing wage to any laborers, workers or mechanics who perform work pursuant to this contract or related subcontract. Proposer and each subcontractor shall keep or cause to be kept an accurate record of names, occupations and actual wages paid to each laborer, workman and mechanic employed by the Proposer in connection with the contract. This record shall be sent to the City on a monthly basis along with the invoice and shall be open to inspection at all reasonable hours by any representative of the City or the Illinois Department of Labor and must be preserved for four (4) years following completion of the contract. Proposer certifies that proposer and any subcontractors working on the project are aware that filing false payroll records is a class B misdemeanor and that the monetary penalties for violations are to be paid pursuant to law by the proposer, contractor and subcontractor. The City shall not be liable for any underpayments. If applicable: Since this is a contract for a fixed public works project, as defined in 820 ILCS 130/2, Contractor agrees to post at the job site in an easily accessible place, the prevailing wages for each craft or type of worker or mechanic needed to execute the contract or work to be performed. 4. Proposer certifies that it is in full compliance with the Federal Highway Administrative Rules on Controlled Substances and Alcohol Use and Testing, 49 C. F.R. Parts 40 and 382 and that all employee drivers are currently participating in a drug and alcohol testing program pursuant to the Rules. 5. Proposer further certifies that it is not delinquent in the payment of any tax administered by the Department of Revenue, or that Proposer is contesting its liability for the tax delinquency or the amount of a tax delinquency in accordance with the procedures established by the appropriate Revenue Act. Proposer further certifies that if it owes any tax payment(s) to the Department of Revenue, Proposer has entered into an agreement with the Department of United City of Yorkville 36 PROPOSER’S CERTIFICATION (page 2 of 3) Revenue for the payment of all such taxes that are due, and Proposer is in compliance with the agreement. BY: _____________________________________ Proposer's Authorized Agent - FEDERAL TAXPAYER IDENTIFICATION NUMBER or ___________________________________ Social Security Number Subscribed and sworn to before me this ______day of _________, 20__. ______________________________ Notary Public) (Fill Out Applicable Paragraph Below) (a) Corporation The Proposer is a corporation organized and existing under the laws of the State of ____________, which operates under the Legal name of ____________________________________________, and the full names of its Officers are as follows: President: ___________________________________________________________ Secretary: ___________________________________________________________ Treasurer: ___________________________________________________________ and it does have a corporate seal. (In the event that this bid is executed by other than the President, attach hereto a certified copy of that section of Corporate By-Laws or other authorization by the Corporation which permits the person to execute the offer for the corporation.) (b) Partnership Signatures and Addresses of All Members of Partnership: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ United City of Yorkville 37 PROPOSER’S CERTIFICATION (page 3 of 3) _______________________________________________________________ The partnership does business under the legal name of: _________________________________ which name is registered with the office of ______________________________ in the state of ____________. (c) Sole Proprietor The Supplier is a Sole Proprietor whose full name is: __________________________________ and if operating under a trade name, said trade name is: ________________________________ which name is registered with the office of ______________________________ in the state of ____________. 5. Are you willing to comply with the City’s preceding insurance requirements within 13 days of the award of the contract? Insurer’s Name________________________________________________________________ Agent _______________________________________________________________________ Street Address _______________________________________________________________ City, State, Zip Code ___________________________________________________________ Telephone Number _______________________________________________ I/We affirm that the above certifications are true and accurate and that I/we have read and understand them. Print Name of Company:_________________________________________________________ Print Name and Title of Authorizing Signature: _______________________________________ Signature: _____________________________________ Date: _________________________________________ United City of Yorkville 38 APPENDIX 1 GENERAL PRICE QUOTATION SHEET See attached spreadsheet United City of Yorkville 39 APPENDIX 2 REQUIRED RECYCLABLES TO BE COLLECTED The City requires that the Contractor shall collect the following recyclable material for the entire term of the contract. Additionally, the Contractor is encouraged to identify additional items they will be collecting, not on the current list. Required Recyclable Materials  brown paper bags  corrugated cardboard  boxes and cartons  chipboard/paperboard (to include brown or gray box board or paperboard, cereal boxes, shoe boxes, & paper towel cores)  magazines and catalogues  mixed paper, glossy & non-glossy (to include stationary, notebook paper, post-it notes, computer paper, typing paper, flyers, greeting cards, file folders and all envelopes, with and without windows)  newspaper (including all supplements)  telephone books  wet strength carrier stock (to include paper board used for refrigerated and frozen items)  frozen food packages  aerosol cans  aluminum cans and foil  formed aluminum containers and wraps  aseptic packaging and gable top containers  formed steel containers  glass bottles and jars (brown, green, and clear)  plastic containers (colored or cloudy white HDPE milk, juice and/or water bottles, jars and jugs)  all plastic containers #1 through #5 and plastic containers #7  LDPE and HDPE soft plastic six (6) and twelve (12) pack rings  steel cans  steel paint cans and lids  household batteries Other Recyclable Materials Proposed by Contractor  _________________________________________________________  _________________________________________________________  _________________________________________________________ United City of Yorkville 40 APPENDIX 3 SCHEDULE OF ALTERNATIVES AND DEVIATIONS Please list any proposed alternative or deviation to the minimum standards outlined in the specifications section of this document. (Please attach additional sheets if necessary.) Section Paragraph Explanation of Alternative/Deviation United City of Yorkville 41 APPENDIX 4 SCHEDULE OF ILLINOIS MUNICIPALITIES SERVED Please list municipal references. (Please attach additional sheets if necessary) Municipality Contact Name & Telephone Number Service Dates Explanation of Collection and Disposal Program United City of Yorkville 42 APPENDIX 5 LOCATION OF DISPOSAL FACILITIES Please provide below information concerning the facilities, which are intended to be used for the disposal of refuse, yard waste, organics and recyclable materials collected at the curbside. (Please attach additional sheets if necessary.) REFUSE Name of Facility Facility Address Disposal Limitations RECYCLING Name of Facility Facility Address Disposal Limitations YARD WASTE Name of Facility Facility Address Disposal Limitations United City of Yorkville 43 ELECTRONIC WASTE Name of Facility Facility Address Disposal Limitations ORGANIC MATERIAL Name of Facility Facility Address Disposal Limitations APPENDIX 6 CONTRACTOR QUALIFICATIONS Name of Business: Business Address: Mailing Address: Business Number: Emergency Number: Fax Number: Ownership: Individual Partnership Corporation Franchise or Parent Company (if applicable): List all Partners, Managers, and Corporate Officers: Name Title Residence Phone United City of Yorkville 44 Days of Operation: Business Hours: Number of Employees: Supervisors: Drivers: Office Personnel: Signature: Date: United City of Yorkville 45 EXHIBIT A SOLID WASTE COLLECTION DAY MAP See attached United City of Yorkville 46 EXHIBIT B SERVICES FOR MUNICIPAL AND PUBLIC FACILITIES Location Service Type Size Frequency Yorkville Library 902 Game Farm Road Refuse Recycling 1-1.5 yd 1-1.5 yd 1x/wk 1x/wk Yorkville City Hall and Police Department 800 Game Farm Road Refuse Recycling Recycling (paper) 1-6 yd 1-2 yd cardboard 6-96 gallon toters 2x/wk 1x/wk 1x/wk Yorkville Public Works 610 Tower Lane Recycling Refuse 1-2 yd cardboard 1-20 yd open 1x/wk 1x/wk Yorkville Administration and Recreation Center Building 201 W. Hydraulic Avenue Refuse Recycling Recycling 1-20 yd open 2-96 gallon toter 1-1 yd cardboard 1x/wk 1x/wk 1x/wk Yorkville Parks Maintenance Building 185 Wolf Street Refuse Recycling 1-20 yd open 1-96 toter 1x/wk 1x/wk Yak Shack 131 E Hydraulic Refuse Recycling 1 – 2 yd 1 – 96 gallon toter 1x/wk 1x/wk Ice Cream Shop 301 E. Hydraulic Refuse Recycling 1 – 2 yd 2 – 96 gallon toters 1x/wk 1x/wk Bridge Park 3651 Kennedy Road Refuse Recycling 1 – 2yd 10 – 96 gallon toters 1x/wk 1x/wk Yorkville Beecher Center 908 Game Farm Road Refuse Recycle 1-4yd refuse 1-2yd recycle 1x/wk 1x/wk All City Rentals When Required Refuse 96 gal.toters, 33 gal. toters, 18 gal. toters 30 yd open dumpster (Exhibit B continued) The location of the facilities, the number of facilities, their bin/tote size, and pickup schedule are subject to change throughout the lift of the contract. The Contractor shall provide, at no cost to the City, the collection and disposal of all refuse, recycling, and yard waste, or more often if requested by the City. A comprehensive recycling program shall also be provided at no cost for the municipal facilities listed above (new or additional facilities may be added at any time during the Contract term). The Contractor shall be responsible for supplying all service equipment associated with totes and containers/dumpsters to said facilities as set forth in the Contract. All special events to have port-a-potties and hand washing stations and 2yd dumpsters. 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/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #9 Tracking Number PW 2016-86 Street Sign Sale Close-Out Public Works Committee – December 20, 2016 None – Informational item. Results of the street sign sale for the original inventory. Nicole Kathman Administration Name Department Summary Results of the street sign sale for the original inventory and plan to continue the sale as signs are taken down. Background After federal regulations for street name signs were changed in regards to retroreflectivity requirements as well as letter size and capitalization, the City was left with approximately 700 signs that were no longer compliant with standards. In addition, the City still had in storage around 140 older black and white signs. In order to clear out space to put the new signs, we decided to sell the signs at $10 each. In total out of approximately 850 signs, we sold 508 signs making a total of $5,080. The revenue went into the line-item “Miscellaneous Public Works Income” and will be used to purchase machinery and equipment for the Public Works Department. In order to clear out space to put the new signs, we decided to scrap the remaining inventory of street name signs for metal. This has not been done yet, but when completed, I will update the committee on how many signs were scrapped and how much we earned for them. Overall, there was a high interest in the street name sign sale. Many residents asked about particular signs that were not on the inventory and inquired if they would ever become available. Since the Public Works Department has to regularly replace streets signs for multiple reasons including damage or worn out retroreflectivity properties, we have decided to continue the sale as signs are taken down. Therefore, at this time, the street name sign sale webpage is still on the website, but there is no current inventory listed. We anticipate that we will start it up again next spring or summer with the help of our seasonal staff. Recommendation This is an informational item. Memorandum To: Public Works Committee From: Nicole Kathman, Administrative Intern CC: Eric Dhuse, Public Works Director Date: December 9, 2016 Subject: Street Name Sign Sale Final Numbers and Continuation 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/320/City-Council 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: Informational item only. Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #10 Tracking Number PW 2016-87 Detention Basin Update Public Works Committee – December 20, 2016 None None Update on status of inventory and status of storm water management basins in Yorkville. Eric Dhuse Public Works Name Department Summary I have information for 37 developments and stand alone detention areas. I plan on inputting the data this winter, sending out letters to the owners letting them know that we are going to inspect their basin (attached) and performing the initial checks in the spring/Summer. I hope to continue to process with the same amount of detention areas each year to complete the rotation in approximately 5 years. The following are a list of the basins that I have information on to this point: Aldi Prairie Pointe Autumn Creek Raging Waves Blackberry North River’s Edge Blackberry Woods Rush Copley BP Super 8 Brenart’s Trinity Church Bristol Bay Whispering Meadows Cannonball Estates White Oak Farms Cannonball Hill Wrigley’s Cimmeron Ridge York Meadows Countryside Center Unit 2 Yorkville Business Center Crimson Lane Yorkville Marketplace Dunkin Donuts Yorkville Plaza Fox Hill Grande Reserve Heartland Heartland Circle Jaycee Pond Kendall County Complex Kendall Marketplace Kylyn’s Ridge Longford Lakes Menards Prairie Meadows This is an informational item only, no action is requested. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, Administrator Date: December 14, 2016 Subject: Detention Basin Update John Smith December 15, 2016 123 Main Street Yorkville, IL 60560 Our records indicate that you are the owner(s) of parcel xx-xx-xxx-xxx commonly known as _________________ storm water basin. As the owner(s), it is your responsibility to maintain this storm water basin to certain standards that are required by the City and the State of Illinois. To ensure that these standards are being met, the City will be conducting inspections of your storm water basin this year. To help you prepare for your inspection, I have attached a copy of Ordinance XXXX-XX as a guide to what the city is looking for to be compliant. If you have any questions or need further information, you can contact me at any time. Sincerely, Eric Dhuse Director of Public Works United City of Yorkville edhuse@yorkville.il.us 630-553-4370 United City of Yorkville Public Works Department 800 Game Farm Rd. Yorkville, IL 60560 Phone – 630-553-4370 Fax – 630-553-4377 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2016-16 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AMENDING TITLE 4, CHAPTER 1, SECTION 4-1-5 OF THE YORKVILLE CITY CODE Passed by the City Council of the United City of Yorkville,Kendall County, Illinois This 23rd day of February,2016 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County, Illinois on March 8,2016. Ordinance No. 2016 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, AMENDING TITLE 4, CHAPTER 1, SECTION 4-1-5 OF THE YORKVILLE CITY CODE WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the continuing maintenance of the City's storm water basins is essential to protect against flooding, soil erosion and any negative impact to the City's stream systems and requires repairing erosion, removing sediment and managing vegetation on an annual basis; and, WHEREAS, failure to maintain storm sewer basins on a regular basis can also result in restrictions to the outflow causing the loss of control of the flow of storm water into the City's storm sewer system; and, WHEREAS, in order to address this potential problem, the City hereby declares the failure to maintain a storm water basin as a nuisance, the abatement of which is enforceable as hereinafter provided. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated and made a part of this Ordinance. Section 2. That Title 4, Chapter 1, Section 5 of the Yorkville City Code is hereby amended by adding the following so said Section 3: 448. Lack of Maintenance of a Storm Water Basin: a.failure to repair erosion; b.failure to prevent restrictions on outflow; C.failure to remove overgrown vegetation limiting capacity or outflow; or, Ordinance No. 2016- R0 Page 2 d. permitting build-up of sediment reducing capacity." Section 3. Title 4, Chapter 1, Section 5 is further amended by deleting paragraphs C and D therefrom and renumbering paragraphs E and F as C and D. Section 4. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Passed by the /City Council of the United.City of Yorkville, Kendall County, Illinois, this Q(If2 day of&q A.D. 2016. City Clerk CARLO COLOSIMO Y KEN KOCH JACKIE MILSCHEWSKI LARRY KOT CHRIS FUNKHOUSER JOEL FRIEDERS DIANE TEELING SEAVER TARULIS APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this c2(o day of f_f_-'6kt)PrP-y A.D. 2016, Mayor Attest: City Clerk Published in pamphlet form: MKc+I 8 2016 Ordinance No.2016- (O Page 3 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/320/City-Council 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 CC 2016-47 IGA for the Sharing of Public Works Services between Oswego, Yorkville and Montgomery Public Works Committee – December 20, 2016 CC 8/9/16 IGA between Oswego and Yorkville for the Sharing of Public Works Services. CC 2016-47 Majority Approval Intergovernmental Agreement for the Sharing of Public Works Services between Oswego, Yorkville and Montgomery. The only change to this IGA from the one previously approved on August 9, 2016 is to add the Village of Montgomery. Bart Olson Administration Name Department EXHIBIT A Page 1 of 9 INTERGOVERNMENTAL AGREEMENT FOR THE SHARING OF SERVICES BETWEEN THE VILLAGE OF OSWEGO, KENDALL AND WILL COUNTIES, ILLINOIS, AND THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AND THE VILLAGE OF MONTGOMERY, KANE AND KENDALL COUNTIES, ILLINOIS THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”) by and between the Village of Oswego, Kendall and Will Counties, Illinois (“Oswegothe “Village”) a municipal corporation of the State of Illinois, and the United City of Yorkville, Kendall County, Illinois (“Yorkvillethe “City”) a municipal corporation of the State of Illinois, and the Village of Montgomery, Kane and Kendall Counties, Illinois (“Montgomery”), a municipal corporation of the State of Illinois, (sometimes collectively referred to as the “Communities” or “Parties” or individually as “Community” or “Party”) entered into this ____ day of ________________, 2016. W I T N E S S E T H: WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10, provides that units of local government may contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function in any manner not prohibited by law or by ordinance and may use their credit, revenues, and other resources to pay costs related to intergovernmental activities; and, WHEREAS, the Communities of Oswego, Yorkville, and Montgomerythe Village and the City have reviewed the roadways and adjacent areas under each of their respective jurisdictions and have determined that the citizens and taxpayers of the each of the City and the VillageCommunities would be better served if daily maintenance of the Roadways be performed by the Public Works Department that is located and best equipped to perform certain tasks, thereby saving time and resources and permitting immediate attention as deemed necessary; and, EXHIBIT A Page 2 of 9 WHEREAS, the essential goal is that the City and the VillageCommunities cooperate with each otherone another for the sharing of services to the Roadways such as mowing, sweeping, snowplowing, jetting, leaf collection and such maintenance as deemed necessary to improve the use and safety thereof thereby reducing the time and cost associated with said services, all as hereinafter set forth. NOW, THEREFORE, in consideration of the mutual promises, obligations and undertakings hereafter set forth, the Communitiesparties agree as follows: Section 1. The foregoing preambles are hereby incorporated into this Agreement as if fully restated in this Section 1. Section 2. The Communities hereby designate their respective Directors of Public Works The Village hereby designates its Director of Public Works (with Oswego’s Director of Public Works herein after referred to individually as “OVDPW,” Yorkville’s Director of Public Works hereinafter referred to individually as “YDPW,” and Montgomery’s Director of Public Works hereinafter individually referred to as “MDPW”) to coordinate with the City’s Director of Public Works (“CDPW”),one another on an “as needed” basis, with regard to the services required to the Roadways such as mowing, snowplowing, jetting, leaf collection or such other maintenance as deemed necessary to improve the use and safety thereof and jointly determine whether the City’swhich Community’s public works employees or the Village’s public works employees are better able to provide the needed service. The OCDPW and the YVDPW, and MDPW shall agree and advise each other of the date and time such services are to be provided. In the event either the City or the Village is unablethat none of the Communities are able to assist at any given time, all services to the Roadways shall be the responsibility of the unit of government (City or Village)Community having jurisdiction over the Roadways. In other words, EXHIBIT A Page 3 of 9 this Agreement does not reduce, eliminate or transfer the responsibility of each Community the City or the Village to repair and maintain the Roadways within their respective jurisdictions. Section 3. Except when either the City or the Villagea Community invokes the provisions of Illinois Public Works Mutual Aid Network Agreement, no Community the City shall not charge the Villageanother Community any fee for any of the services provided to areas outside its boundaries but within the boundaries of Village and the Village shall not charge the City any fee any of the services provided within the City’s boundariethat Communitys. Section 4. The City and the VillageCommunities shall each defend, with counsel of the other party’snamed Community’s own choosing, indemnify and hold harmless the other Communitiesparty, including past, present and future board members, elected officials, insurers, employees, and agents from and against any and all claims, liabilities, obligations, losses, penalties, fines, damages, and expenses and costs relating thereto, including but not limited to attorneys’ fees and other legal expenses, which the other Communitiesparty, theirits past, present and future board members, elected officials, insurers, employees, and/or agents may hereafter sustain, incur or be required to pay relating to or arising in any manner out of the services to be performed by the other partiesy under this Agreement. Section 5. Nothing in this Agreement shall be deemed to change or alter the jurisdiction of either the City or the Villagethe Communities in any respect, including, their respective powers and duties. Section 6. This Agreement and the rights of the Pparties hereunder may not be assigned (except by operation of law), and the terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the units of government as the Pparties hereto. EXHIBIT A Page 4 of 9 Section 7. This Agreement shall be interpreted and enforced under the laws of the State of Illinois. Any legal proceeding related to enforcement of this Agreement shall be brought in the Circuit Court of Kendall County, Illinois. In case any provision of this Agreement shall be declared and/or found invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall, to the extent possible, be modified by the court in such manner as to be valid, legal and enforceable so as to most nearly retain the intent of the parties, and, if such modification is not possible, such provision shall be severed from this Agreement, and in either case the validity, legality, and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. Section 8. All notices required or permitted hereunder shall be in writing and may be given by (a) depositing the same in the United States mail, addressed to the party to be notified, postage prepaid and certified with the return receipt requested, (b) delivering the same in person, or (c) telecopying the same with electronic confirmation of receipt If to the Village of Oswego: Director of Public Works Village of Oswego 100 Parkers Mill Oswego, Illinois 60543 With a copy to: David Silverman Mahoney, Silverman and Cross 822 Infantry Drive, Suite 100 Joliet, Illinois 60435 If to the City of Yorkville: Director of Public Works United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 With a copy to : Kathleen Field Orr Kathleen Field Orr & Associates 53 West Jackson Blvd., Suite 964 Chicago, Illinois 60604 EXHIBIT A Page 5 of 9 If to the Village of Montgomery: Director of Public Works Village of Montgomery 200 N. River Street Montgomery, Illinois 60538 With a copy to: Laura M. Julien Mickey, Wilson, Weiler, Renzi & Andersson, P.C. 2111 Plum Street, Suite 201 Aurora, Illinois 60506 Or any such other person, counsel or address as any Pparty hereto shall specify pursuant to this Section from time to time. Section 9. This Agreement may be executed in counterparts, each of which shall be deemed to be an original and both of which shall constitute one and the same Agreement. Section 10. This Agreement represents the entire agreement between the Pparties and there are no other promises or conditions in any other agreement whether oral or written. Except as stated herein, this Agreement supersedes any other prior written or oral agreements between the Pparties and may not be further modified except in writing acknowledged by eachboth Partyparties. Section 11. Nothing contained in this Agreement, nor any act of any of the respective Communities Village or the City pursuant to this Agreement, shall be deemed or construed by any of the Pparties hereto or by third persons, to create any relationship of third party beneficiary, principal, agent, limited or general partnership, joint venture, or any association or relationship involving Village and the Cityany of the Communities. Further, nothing in this Agreement should be interpreted to give the Village or City anyany Community control over the other’s employees or imply a power to direct the employees of the other government body, which neither entity may exercise. EXHIBIT A Page 6 of 9 Section 12. When performing pursuant to the terms of this Agreement, the Village and CityCommunities intend that any injuries to their respective employees shall be covered and handled exclusively by their jurisdiction’s own worker’s compensation insurance in place at the time of such injury. It is further agreed that all employee benefits, wage and disability payments, pension and worker’s compensation claims, damage to or destruction of equipment, facilities, clothing and related medical expenses of the City or VillageCommunities and their respective employees, which may result from their activities under this Agreement, shall be the responsibility of the jurisdiction which employs the employee making such a claim. Section 13. The Parties will obtain and continue in force, during the term of this Agreement, all insurance as set forth below. Each insurance policy shall not be cancelled or changed without thirty (30) days prior written notice, given by the respective insurance carrier(s) to the Village and the CityCommunities at the addresses set forth herein. Before starting inspections hereunder, the Pparties shall obtain the following insurance at a minimum: (a) Worker’s Compensation, in compliance with the laws of the jurisdiction where the work is being performed, (b) Employer’s comprehensive general liability insurance for both personal injury and property damage in the minimum amount of $1,000,000 for each accident, (c) Comprehensive business automobile liability insurance in the minimum amount of $1,000,000 combined single limit, (d) Comprehensive excess liability insurance with a combined minimum single limit of $1,000,000 for each occurrence, with a minimum $1,000,000 aggregate. Certificates of such insurance detailing the coverage therein shall be available to the other party upon execution of this Agreement. No Peither party waives its immunities or defenses, whether statutory nor common law by reason of the indemnification and insurance provisions contained in this Agreement. EXHIBIT A Page 7 of 9 Section 14. This Agreement shall be in full force and effect for a period of three (3) years from the date of the last signature below, and may be renewed upon agreement of the Pparties in writing; provided however, anyeither Pparty may terminate this Agreement by providing thirty (30) calendar days’ advance written notice to the other Ppartiesy. In such a case, this Agreement shall remain in full force and effect as to and between the remaining Parties. Section 15. This Agreement may be amended only with written consent of all Pparties hereto. Section 16. Oswego, Yorkville, and Montgomery The Village and the City each hereby warrant and represent that their respective signatures set forth below have been, and are on the date of this Agreement, duly authorized by all necessary and appropriate corporate and/or governmental action to execute this Agreement. EXHIBIT A Page 8 of 9 IN WITNESS WHEREOF, the Pparties hereto have caused this Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, Kendall County, Illinois, a municipal corporation By: __________________________________ Mayor Attest: _______________________________ City Clerk Village of Oswego, Kendall and Will Counties, Illinois, a municipal corporation By: ___________________________________ Village President Attest: _____________________________ Village Clerk Village of Montgomery, Kane and Kendall Counties, Illinois, a municipal corporation By: ___________________________________ Village President EXHIBIT A Page 9 of 9 Attest: _____________________________ Village Clerk 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/320/City-Council 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 2014-74 Railroad Quiet Zones Public Works Committee – December 20, 2016 Majority Approval See attached memo as discussed at the December 13th City Council meeting. Bart Olson Administration Name Department Summary Discussion of the agreement for professional services for the proposed Quiet Zone at the BNSF and IR rail lines. Background The City discussed the process of Quiet Zone creation in June, 2015. At that time Council did not move ahead with the initial studies. Recently, after more numerous resident complaints and increased traffic along the IR rail line staff has asked EEI to propose an Agreement for a Quiet Zone study along both rail lines within the City. EEI has successfully completed the establishment of Quiet Zones in Aurora/Sugar Grove Township, Sugar Grove and Plano. This study would provide a preliminary investigation and a current risk index for the proposed Quiet Zones, as well as initial coordination with the Federal Railroad Administration (FRA) and the Illinois Commerce Commission (ICC) and both rail lines. This initial study will provide staff and Council more information on if, when and how the City will move forward with a proposed Quiet Zone. Recommendation Staff recommends moving forward with an Agreement for Professional Services with EEI for a Quiet Zone Study on both the BNSF and IR rail lines in the United City of Yorkville at the City Council meeting in January, 2017. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: December 15, 2016 Subject: Quiet Zone Proposal for Consulting Engineering Services for both BNSF and IR Rail Lines 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/320/City-Council 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 #3 Tracking Number PW 2016-21 Leopardo Energy Update Public Works Committee – December 20, 2016 Majority Approval See attached. Bart Olson Administration Name Department United City of Yorkville │ Comprehensive Infrastructure Analysis 1 Confidential Information CONTENTS 1. Executive Summary 2. Budget Analysis 3. Field Survey & Energy Conservation Recommendations 4. Savings Summary 5. Business Case Analysis 6. Illinois ESPC Summary 7. Next Steps a. RFP ESPC Legal Advertisement b. RFP/Q ESPC Document United City of Yorkville │ Comprehensive Infrastructure Analysis 2 Confidential Information 1 EXECUTIVE SUMMARY The purpose of this feasibility study is to identify projects that will significantly reduce owning and operating costs for the City of Yorkville. This energy conservation program is the funding vehicle that allows you to use guaranteed savings from the City’s maintenance and operations budget (utilities) as capital to fund needed upgrades and modernizations to the infrastructure, and is financed over a specified period of time. This program is designed to be budget neutral or better, and to create a positive cash flow that improves the financial performance for the City. Leopardo can guarantee that cost avoidance (utility and operations expenses) will meet or exceed annual payments to cover all project costs over an agreed debt service period, or Leopardo pays the difference. A team of experts from Leopardo worked with City personnel to conduct a utility and/or field audit at the following locations: 1. City Hall & Police Department 2. Beecher Community Center 3. Parks & Recreation 4. Parks Maintenance 5. Public Works 6. Library In addition to auditing the City owned buildings, Leopardo conducted a thorough analysis on the following city-wide operations: 1. City Owned Street Lights 2. City Owned Vehicles This report has been generated through analysis of your existing energy data, as well as information collected during the initial facility surveys. Based on these preliminary findings, your decision to proceed initiates a detailed engineering study where specific energy conservation measures and detailed pricing will be identified. Our unique interactive consultation provides you with the opportunity to select the best combination of improvements for your infrastructure. Upon execution of contracts, we implement the recommended measures and begin the process of ensuring their results. The following report includes energy conservation measures and savings information designed to assist the City in meeting its long-range plans for reducing energy use and costs and to improve the facilities through increased environmental stewardship. We appreciate the opportunity to collaborate with the City and look forward to implementing a comprehensive project to maximize efficiency and savings. Leopardo will continue to help the city of Yorkville: Determine the infrastructure, buildings and ECMs for the project Plan current and future capital expense reports Develop the request for proposals documents United City of Yorkville │ Comprehensive Infrastructure Analysis 3 Confidential Information 1 EXECUTIVE SUMMARY Our goal in presenting this report is to communicate the opportunity to optimize the cost/benefit of your energy/maintenance expense dollars using the performance contract procurement method that will yield material benefit to the City. This can include the following: Sustained energy cost reduction Future energy and operating cost retention Leverage current energy and operating budget to address infrastructure needs Enhance the environment and comfort for City staff and citizens Enable the City to redirect capital budgets to higher value-added projects that will help grow the City Based on the current expenditures of the City in building utilities, building maintenance, and fleet fuel, Leopardo has determined the following cost savings opportunity. Annual Cost Savings Building Utilities $945 Fleet Acquisition & Maintenance $296,433 Fleet Fuel $18,439 Fleet Operations $1,845 Street Lighting $31,134 General Maintenance $28,209 Total $377,005 United City of Yorkville │ Comprehensive Infrastructure Analysis 4 Confidential Information 1 EXECUTIVE SUMMARY United City of Yorkville │ Comprehensive Infrastructure Analysis 5 Confidential Information 2 BUDGET ANALYSIS To evaluate energy consumption for the City of Yorkville, a utility bill analysis was performed. Twenty-four (24) months of utility bill data were collected, sorted and analyzed to identify energy consumption trends for the City’s entire infrastructure. The data was organized our analysis software and analyzed based on several metrics. The following graphics represent a summary of the analyzed utility data. Additionally, the City’s budg et for fleet services, and building operations were evaluated and summarized in the charts below. General Fund Utilities $ 50,062 Building Maintenance $ 48,082 Street Lighting $ 83,069 Fleet Operations $ 442,222 Vehicle Fuel $ 106,906 Total $ 730,341 Water Fund Utilities $ 245,641 Tools & Supplies $ 17,677 Repair & Maintenance $ 23,643 Fleet Fuel $ 22,956 Fleet Operations $ 9,391 Treatment Facility Supplies $ 146,540 Meters & Parts $ 32,520 Total $ 498,368 Utilities 7% Building Maintenance 7% Street Lighting 11% Fleet Operations 60% Vehicle Fuel 15% Utilities 49% Tools & Supplies 4%Repair & Maintenance 5% Fleet Fuel 5% Fleet Operations 2% Treatment Facility Supplies 29% Meters & Parts 6% United City of Yorkville │ Comprehensive Infrastructure Analysis 6 Confidential Information 2 BUDGET ANALYSIS Sewer Fund Utilities $ 20,258 Tools & Supplies $ 21,374 Repair & Maintenance $ 1,315 Fleet Fuel $ 12,509 Total $ 55,456 United City of Yorkville │ Comprehensive Infrastructure Analysis 7 Confidential Information The following graph represents the next five years of projected costs without a performance contract. By entering into an Energy Savings Performance Contract (ESPC) we anticipate that The City of Yorkville would spend $760,620 over that same five year period. The City of Yorkville would reduce annual utility, operating, and capital expenses in the amount of $377,005 by entering into an ESPC. An ESPC would allow the City of Yorkville to upgrade aging & unreliable building asset infrastructure, as well as protect themselves from a volatile rising utility market by utilizing the savings this program is GUARANTEED to deliver. $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 1 2 3 4 5 5-Year Cost Projection O & M Fleet Utilities $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 1 2 3 4 5 5-Year Cost Projection With Savings Savings O & M Fleet Utilities United City of Yorkville │ Comprehensive Infrastructure Analysis 8 Confidential Information 3 FIELD SURVEY & ENERGY CONSERVATION RECOMMENDATIONS CITY HALL & POLICE DEPARTMENT 901 Game Farm Rd Yorkville, IL 60560 Year Built: 2000 Renovations: - Square Footage: 20,900 # of Stories: 2 Occupancy: 91 Full-Time Employees Energy Source: Natural Gas and Electric Total Utility Cost: $0 Hours of Operation: City Hall: M-F / 8:00: AM – 5:00 PM Police Station: 24-7 Current Building Conditions Lighting The office areas and chambers consist of mainly 4-foot, 2-lamp fixtures that are T8. The exterior lights consist of 100-150W wall packs. There are exterior lighting poles in the front parking lot that are likely 400W metal halide. HVAC The office areas are conditioned by residential-style split systems with gas furnace heating, and direct expansion (DX) cooling. A cooling-only mini-split system provides cooling to a small server. One (1) gas water heater provides domestic water heating for the building. The storage garage on the west side of the building is served by a unit heater. Building Automation Controls The split systems are controlled by residential-style thermostats. Plumbing Urinals are 1.0 gallons per flush, and the toilets are 1.6 gallons per flush and are in good condition. The bathroom sinks are 0.5 gallons per minute. Building Envelope The windows are fixed, double-pane, and are in good condition. The doors are metal with double-pane glass. The weather stripping appears to be in good condition. United City of Yorkville │ Comprehensive Infrastructure Analysis 9 Confidential Information Site Photos T8 Lighting Condensing Units Building Exterior Exterior Lighting Furnaces Domestic Water Heater United City of Yorkville │ Comprehensive Infrastructure Analysis 10 Confidential Information 3 FIELD SURVEY & ENERGY CONSERVATION RECOMMENDATIONS BEECHER COMMUNITY CENTER 901 Game Farm Rd Yorkville, IL 60560 Year Built: 1980s Renovations: - Square Footage: 10,340 # of Stories: 1 Occupancy: 10-30 Energy Source: Natural Gas and Electric Total Utility Cost: $0 Hours of Operation: M-F / 8:00: AM – 5:00 PM Current Building Conditions Lighting The majority of the interior has a variety of T8 fixtures. The cafeteria has 4-foot 2-lamp fixtures. The office spaces and restrooms have 4-foot 4-lamp fixtures. The corridor has U-tube fixtures. The cafeteria also has 150W metal halides and incandescent lamps, but they are rarely used. The exterior lighting consists 4 250W high-pressure sodium. HVAC (2) Mammoth constant volume rooftop units serve the entire facility. Heating is provided by gas furnace coil sections, and cooling is provided by direct expansion (DX) R-22 refrigeration. The refrigeration systems use reciprocating compressors. During the audit, one of the units was broken down and was being serviced. These units are original and are in need of replacement. (1) 50 gallon gas water heater provides domestic hot water for the facility. Building Automation Controls The existing consists of conventional thermostats. There was no centralized control system present. Plumbing Urinals are 1.0 gallons per flush, and the toilets are 1.6 gallons per flush and are in good condition. The bathroom sinks are 1.0 gallons per minute. Building Envelope The windows are tinted and single pane. Some of the windows have deteriorated seals, and are in poor condition. The weather stripping around the doors is showing deterioration as well. United City of Yorkville │ Comprehensive Infrastructure Analysis 11 Confidential Information 3 FIELD SURVEY & ENERGY CONSERVATION RECOMMENDATIONS Site Photos Cafeteria Lighting Domestic Water Heater Lavatory Sinks Rooftop Unit Rooftop Unit Being Serviced Exterior Lighting United City of Yorkville │ Comprehensive Infrastructure Analysis 12 Confidential Information 3 FIELD SURVEY & ENERGY CONSERVATION RECOMMENDATIONS PARKS & RECREATION 201 W Hydraulic St Yorkville, IL 60560 Year Built: 1980s Renovations: - Square Footage: 5,200 # of Stories: 1 Occupancy: 20-30 Energy Source: Natural Gas and Electric Total Utility Cost: $0 Hours of Operation: M-F / 8:00: AM – 5:00 PM Current Building Conditions Lighting The lighting consists of 3-lamp and 4-lamp T8 fixtures. Some of the areas appear to be over-lit. Exterior lighting consists of 100-150W wallpacks. HVAC Heating and cooling is provided by two split system units with gas furnace heating and DX cooling The domestic hot water is served by 40 gallon gas hot water heater. Building Automation Controls There is no centralized control system for the building. All of the HVAC equipment is controlled by conventional thermostats. Plumbing Urinals are 1.0 gallons per flush, and the toilets are 1.6 gallons per flush and are in good condition. The bathroom sinks are 0.0 gallons per minute. Building Envelope The general infrastructure of the building is in good condition. The windows are metal, single pane, and appear to be original to the building. Seals around the windows and doors appear to be worn and may produce excessive infiltration. United City of Yorkville │ Comprehensive Infrastructure Analysis 13 Confidential Information 3 FIELD SURVEY & ENERGY CONSERVATION RECOMMENDATIONS Site Photos T8 and Metal Halide Lighting Metal Operable Windows Brick Exterior Gas Furnaces Ductwork Themostat Controls United City of Yorkville │ Comprehensive Infrastructure Analysis 14 Confidential Information 3 FIELD SURVEY & ENERGY CONSERVATION RECOMMENDATIONS PARKS MAINTENANCE 185 Wolf Street Yorkville, IL 60560 Year Built: 2000s Renovations: - Square Footage: 10,600 # of Stories: 1 Occupancy: 5-10 Energy Source: Natural Gas and Electric Total Utility Cost: $0 Hours of Operation: M-F / 8:00: AM – 5:30 PM Current Building Conditions Lighting The majority of the interior consists of 4-foot, 4-lamp T8 fixtures. HVAC This facility is mostly garage space served by unit heater. The office space if served by a split system unit with DX cooling and gas furnace heating. A 40 gallon water heater provides domestic water heating. Building Automation Controls All of the HVAC equipment is controlled with conventional thermostats. Plumbing Urinals are 1.0 gallon per flush, the toilets are 1.6 gallons per flush and are in fair condition. The bathroom sink flow rates vary between 0.5 and 1.0 gallons per minute. Building Envelope The windows are double pane with tinted glass. The doors are tinted with double pane glass. The weather stripping around the garage doors appears to be in good condition. United City of Yorkville │ Comprehensive Infrastructure Analysis 15 Confidential Information 3 FIELD SURVEY & ENERGY CONSERVATION RECOMMENDATIONS Site Photos T8 Lighting Garage Doors Conventional Thermostat Unit Heater Gas Furnace Condensing Unit United City of Yorkville │ Comprehensive Infrastructure Analysis 16 Confidential Information 3 FIELD SURVEY & ENERGY CONSERVATION RECOMMENDATIONS PUBLIC WORKS 610 Tower Lane │ Yorkville, IL 60560 Year Built: 1970s Renovations: Various Square Footage: 11,384 # of Stories: 1 Occupancy: 10-20 Energy Source: Natural Gas and Electric Total Utility Cost: $0 Hours of Operation: Monday-Friday 7am-4pm Current Building Conditions Lighting The majority of the interior consists of 4-foot, 4-lamp T8 fixtures. The garage area connected to the office has 250W metal halides, while the west garage was 4-lamp T8 high bays. There are a few metal halides that serve as exterior lighting as well. HVAC The majority of the facility is garage space that is served by gas-fired unit heaters. The office area is serves by two split systems with DX cooling and gas furnace heating. Building Automation Controls All of the HVAC equipment is controlled by conventional thermostats. Plumbing The toilets are 1.6 gallons per flush and are in fair condition. The bathroom sink flow rates vary between 0.5 and 1.0 gallons per minute. Building Envelope The windows are single pane with clear glass and are in fair condition. The weather stripping The weather stripping around the man doors and garage doors is showing deterioration, and may be causing confort issues in the winter season. United City of Yorkville │ Comprehensive Infrastructure Analysis 17 Confidential Information 3 FIELD SURVEY & ENERGY CONSERVATION RECOMMENDATIONS Site Photos Metal Halide Lighting Garage Unit Heater Conventional Thermostat T8 High Bay Lighting Single Pane Windows Condensing Units For Office Area United City of Yorkville │ Comprehensive Infrastructure Analysis 18 Confidential Information 3 FIELD SURVEY & ENERGY CONSERVATION RECOMMENDATIONS LIBRARY 902 Game Farm Rd │ Yorkville, IL 60560 Year Built: 1983 Renovations: 2006 Square Footage: 36,000 # of Stories: 2 Occupancy: 40-50 Energy Source: Natural Gas and Electric Total Utility Cost: $0 Hours of Operation: Monday-Thursday: 10am-7pm Friday: 10am-5pm Saturday: 10am-4pm Sunday: Closed Current Building Conditions Lighting There are a variety of fluorescent fixtures in the library. The majority of the stacks area is 2-lamp 4-foot T8 fixtures. There are several varieties of compact fluorescents that are used for decorative lighting, and wall accent lighting. Small 50W halogens are used for wall accent lighting as well. There are several wallpacks and parking lot poles with metal halide lamps. All of the exterior lights are on a centralized control system to enable them only during night time hours. HVAC (1) AHU with chilled water for cooling and hot water reheat serves the majority of the 2006 addition. The unit is also equipped with an electric steam humidifier for the winter season. The original portion of the building is served by (2) split system heat pumps with electric resistance back- up heat. (1) high-efficiency water heater provides the domestic hot water needs. Building Automation Controls The HVAC equipment is operated by Alerton direct digital control (DDC) system. Plumbing Lavatory sinks rage from 1.0 to 2.2 gpm. Toilets are 1.6 gpf, and urinals are 1.0 gpf. All water fixtures appear to be in good condition. Building Envelope The windows are tinted double pane and appear to be in good condition. The weather stripping around the doors is showing normal wear and appears to be in good condition. United City of Yorkville │ Comprehensive Infrastructure Analysis 19 Confidential Information 3 FIELD SURVEY & ENERGY CONSERVATION RECOMMENDATIONS Site Photos Interior Lighting VAV Air Handing Unit DDC System Air Cooled Chiller Hot Water Pumping High Efficiency W ater Heater United City of Yorkville │ Comprehensive Infrastructure Analysis 20 Confidential Information 3 FIELD SURVEY & ENERGY CONSERVATION RECOMMENDATIONS RECOMMENDED SCOPE Based on discussions with the City of Yorkville officials, Leopardo recommends the following upgrades to the facilities that address the most critical capital improvement needs while maximizing the savings opportunity. • Beecher Center Air Handling Unit Replacement • Street Lighting LED Retrofit • Fleet Fuel Upgrade • Fleet Leasing Program • Water Meter Survey • Water Pump House Evaluation United City of Yorkville │ Comprehensive Infrastructure Analysis 21 Confidential Information 3 FIELD SURVEY & ENERGY CONSERVATION RECOMMENDATIONS RECOMMENDED SCOPE DESCRIPTIONS Below provides a general description of the technology being proposed for The City of Yorkville. STREET LIGHTING Existing Conditions According to the utility bills, there are approximately 1,269 street lights owned and maintained by the city. There are several other street lights within the city limits that are owned and maintained by ComEd. st if the street lighting is either high-pressure o r low-pressure sodium lamps (HPS and LPS). There are a few older mercury vapor (MV) lamps in operation as well. The City spends $83,069 annually in utility costs. Most if these costs are “lamp charges,” which pay for the maintenance and infrastructure for the lighting systems. Additionally, the City spends approximately $39,000 in maintenance and materials to repair and replace the lamps. United City of Yorkville │ Comprehensive Infrastructure Analysis 22 Confidential Information 3 FIELD SURVEY & ENERGY CONSERVATION RECOMMENDATIONS Energy Conservation Recommendations With street lighting being one of the largest expenses for the City’s budget, Leopardo recommends a comprehensive retrofit to LED. Doing so will significant decrease the utility expenses for the City. Additionally, the City’s maintenance expenses to lighting replacement will significantly decrease since LED lamps last 4-5 times longer than high-pressure sodium and mercury vapor lamps. Many LED manufacturers are also backing their products with a 10-year warranty. United City of Yorkville │ Comprehensive Infrastructure Analysis 23 Confidential Information 3 FIELD SURVEY & ENERGY CONSERVATION RECOMMENDATIONS Beecher Center – HVAC Equipment Replacement One of the most critical needs the City needs to address is the older HVAC equipment in the Beecher Center. The two air handling units that serve the facility date back to the building’s 1980s construction. During the audit, one of the units was disabled for repair. With the units running well beyond their useful lives, they are chronically broken down and in need of repair. Additionally, the R-22 refrigerant has become obsolete and is no longer in production. This means any repairs done to the existing systems are significantly more expensive. Leopardo proposes the two AHUs be replaced with new, high-efficiency systems. This includes removal and demolition of all air handling equipment. The new systems shall significantly reduce electrical costs with new fan motor equipment, and high efficiency cooling technology. Natural gas costs would also be decreased with new gas furnace heat exchangers. Most importantly, the new equipment will significantly reduce the ongoing maintenance costs, especially with using code-compliant refrigerant. Capital cost avoidance will be observed as well, as the existing systems are prone to failure given their age and significant demand. This proposed scope item is congruent to what is proposed in the Capital Project section in the City’s Fiscal Year 2017 Budget adopted may 1st, 2016: United City of Yorkville │ Comprehensive Infrastructure Analysis 24 Confidential Information United City of Yorkville │ Comprehensive Infrastructure Analysis 25 Confidential Information 3 FIELD SURVEY & ENERGY CONSERVATION RECOMMENDATIONS FLEET Existing Conditions According to the information provided by the City of Yorkville, the City currently owns and maintains a fleet of 62 vehicles ranging in age from 1 to 16 years from a variety of manufacturers. Below is a graphical summary of the current fleet for the City: United City of Yorkville │ Comprehensive Infrastructure Analysis 26 Confidential Information 3 FIELD SURVEY & ENERGY CONSERVATION RECOMMENDATIONS FLEET The City spent $144,529 in vehicle maintenance and repair costs from May 2015 - April 2016 and $113,541 in vehicle fuel costs from May 2015- April 2016. There are significant opportunities in reducing the maintenance and operational costs in the City’s fleet. This would include police vehicles, maintenance vehicles, and any other service vehicles used by the City. The following sections describe recommendations to be implemented to the existing fleet including an Ongoing Vehicle Maintenance Program, a Fleet Leasing Program and a Fleet Fuel Upgrade. United City of Yorkville │ Comprehensive Infrastructure Analysis 27 Confidential Information Ongoing Vehicle Maintenance Management Leopardo recommends implementing an Ongoing Vehicle Maintenance Program in which vehicles would be regularly inspected by a third-party professional mechanic. Fleet-scale vehicle maintenance can be difficult to manage without the proper time commitment and knowledge. Often times, some maintenance costs could be avoided or reduced if vehicle issues were identified sooner. Below is a typical city’s breakdown of annual vehicle maintenance costs. It is clear to see that tire and oil costs make up the majority of the expenses. However, the remaining 42% of expenses has the potential to be reduced through ongoing maintenance. In implementing an Ongoing Vehicle Maintenance Program, a third party would perform ongoing maintenance on all fleet vehicles. The third party would be looking to find and repair any small issues before they turn into expensive repairs, and in turn, reduce maintenance costs. United City of Yorkville │ Comprehensive Infrastructure Analysis 28 Confidential Information There are a number of additional benefits that come with an Ongoing Vehicle Maintenance Program, including: • Toll-free driver call center • ASE Certified technicians with over 15 years average experience • Repair cost avoidance • Post-warranty recovery • Monitored maintenance alerts • Preventative Maintenance coupon book • National Account Card • Customized maintenance profile • Pre-set call center spend limit • Consolidated billing by cost center • Vehicle rentals • 24-hour emergency road service • Glass repair/replacement Taking advantage of a Vehicle Maintenance Program with experienced technical advisors would also allow for assistance in repair negotiations such as: • Identifying repetitive repairs • Conducting parts/labor negotiation • Identifying warranty and post-warranty opportunities • Cost avoidance – denying accelerated maintenance • Identifying new vehicle on order • Providing alternate repair methods United City of Yorkville │ Comprehensive Infrastructure Analysis 29 Confidential Information Fleet Leasing Program Leopardo proposes that the existing City of Yorkville Vehicle Replacement Plan be upgraded to a fleet leasing program. The existing Vehicle Replacement Plan outlines which year vehicles will be replaced from 2016 to 2059. See Appendix 1 “Vehicle Replacement Chargeback Schedule” at the end of this report for the current Vehicle Replacement Plan. Open Ended Fleet Leasing Features of the open-ended leasing product are characterized by: • Improved cash flow • No mileage restrictions or wear and tear charges • Flexible financing options • Customized terms for use and type of vehicle • Retention of ownership rights Where normally a vehicle would be purchased outright from the capital budget and kept in fleet until a specified time when it was sold, the open-ended lease allows for funding of only the portion of the vehicle used. This approach allows municipalities to pay the minimum value for the use of the vehicle on a monthly basis, improving cash flow. The mechanics of this lease involves financing the difference between the vehicle’s purchase price and a conservative reduced book value (RBV), which is based on the anticipated market value considering the vehicles age and application. This product can also be used by the City of Yorkville as a finance lease buy-back. The City of Yorkville’s fleet would be purchased for fair market value and leased back to the City to a reduced book value. This will allow the City to receive an influx of cash from the equity buildup of the existing fleet. Options at completion of lease term: • The City of Yorkville can renew its vehicles with new models and apply any gains to the replacement vehicle. • The City of Yorkville can extend the term of the lease. • The City of Yorkville can obtain the vehicle at the reduced book value. Mike Albert Fleet Solutions can sell the aged vehicles in a process that accommodates the City of Yorkville in a competitive process. Gains are defined as the difference between the resale proceeds from our remarketing efforts and the open market sale and the reduced book value. There are no mileage charges or excessive wear and tear charges. At any time during the lease period, the vehicle can be resourced back into the City-owned fleet. As a result, resourcing is just as simple as outsourcing. The savings calculations for the alternative fuel upgrade (propane) and open-end lease program are detailed on the following pages. Below on the following page, potential savings have been identified for implementing both an Ongoing Vehicle Maintenance Program and an Open End Leasing Program. United City of Yorkville │ Comprehensive Infrastructure Analysis 30 Confidential Information Note: These savings calculations are based on information that was provided by the City of Yorkville. There is still outstanding information that needs to be collected and analyzed before final savings calculations can be identified. United City of Yorkville │ Comprehensive Infrastructure Analysis 31 Confidential Information Fleet Fuel Upgrade Leopardo proposes that the Police Department Vehicles be upgraded to use propane as an alternative fuel. Propane can be purchased at a significantly lower cost than gasoline. As a result, the City has a significant cost savings opportunity to upgrade their high usage vehicles to run on propane. See Appendix 2 “Police Department Vehicles for Bi-Fuel Upgrade” at the end of this report for the current Vehicle Replacement Plan. There are two types of propane vehicles: dedicated and bi-fuel. Dedicated propane vehicles are designed to run only on propane, while bi-fuel propane vehicles have two separate fueling systems that enable the vehicle to use either propane or gasoline. Leopardo recommends the bi-fuel technology as it provides the flexibility and convenience for refueling. Since the vehicles will have the propane tank as well as the existing gasoline, the bi-fuel system significantly extends the mileage range. A propane vehicle's power, acceleration, and cruising speed are the same compared to gasoline- fueled vehicles. The Alternative Fuel Upgrade is the most advanced alternative fuel upgrade system. Using exclusive plug-and drive technology, the propane system is completely non-invasive to the existing gasoline engine. This uses advanced technology to make the engine run on propane, natural gas or methane. This provides the ability to run on a variety of fuel types. Additionally, the vehicles will retain their ability to run on gasoline. Should a vehicle ever run out of propane while running, the system will automatically and seamlessly switch to gasoline. The system is installed by a specially trained ASE certified mechanic, and the same performance can be expected from using propane as from gasoline. The alternative fuel upgrade is compatible with any vehicle. All of the equipment remains on the vehicle. The system is designed to operate along with the existing vehicle’s existing components. By implementing this upgrade, the City will have significant cost savings in their fleet fuel purchasing. Below, potential savings have been identified for upgrading the twenty (20) Police Department Vehicles to a bi- fuel system. United City of Yorkville │ Comprehensive Infrastructure Analysis 32 Confidential Information Appendix 1 - Vehicle Replacement Chargeback Schedule United City of Yorkville │ Comprehensive Infrastructure Analysis 33 Confidential Information United City of Yorkville │ Comprehensive Infrastructure Analysis 34 Confidential Information United City of Yorkville │ Comprehensive Infrastructure Analysis 35 Confidential Information United City of Yorkville │ Comprehensive Infrastructure Analysis 36 Confidential Information United City of Yorkville │ Comprehensive Infrastructure Analysis 37 Confidential Information United City of Yorkville │ Comprehensive Infrastructure Analysis 38 Confidential Information Appendix 2 - Police Department Vehicles for Bi-Fuel Upgrade United City of Yorkville │ Comprehensive Infrastructure Analysis 39 Confidential Information WATER METER INFRASTRUCTURE The water meter infrastructure within the City of Yorkville has undergone an initial assessment to evaluate the existing potential of a meter replacement effort for the purposes of revenue recovery. Water meter information was provided by the City. The result of this evaluation indicates a potential loss of revenue through meter inaccuracy. Through implementation of a water meter change out, the City of Yorkville may regain an estimated 40,000,000 – 50,000,000 gallons or $288,000 – $360,000 of billable water annually. The background data used in the development of this study is based on information provided by the City staff. Below is a table that breaks down the number of water meters currently installed by size: Number of Meters by Size 3/4" 1" 1.5" 2" 3" 4" 6" 8" 5587 954 55 114 19 13 3 1 Total 6746 In order to accurately determine the revenue recovery of water replacement, Leopardo recommends a water meter survey to be completed. This would include sample testing of the existing meters, and taking actual flow measurements. Once meter accuracies are determined, an extensive analysis is performed to determine the potential revenue recovery. The City uses a tiered utility structure that is based on consumption. The analysis shall also analyze three years of historical consumption data to determine an accurate yearly consumption average for all water meter sizes. The three years of data allows for minimization of weather related events that may affect seasonal consumption. This data is checked for inconsistencies and will serve as the baseline consumption for a 12-month period. The data includes: • account numbers • service addresses • mailing addresses • Customer names • meter serial numbers • sizes • consumption history • installation dates This data set serves as not only the consumption baseline but the foundation of the revenue analysis. United City of Yorkville │ Comprehensive Infrastructure Analysis 40 Confidential Information WATER METER INFRASTRUCTURE CONTINUED Once all of the test results are input into the revenue template, the results are then extrapolated across each category breakdown. First, results are applied to the historical consumption records. From that point the base usage is recalculated and removed from billable consumption. After removing the base usage charge, the applied accuracy of the new meters will result in the “Recovered Revenue” due to new meter accuracy. When the calculations are complete we are left with the recovered consumption that will be applied to future revenue through new, more accurate meters. The recovered consumption must also be compared against the current delta of production and consumption billings. It will be reasonable to expect that portion of unbilled water can be recovered through a new meter change-out program. In addition to the water meter infrastructure study, Leopardo shall also complete a through survey of the City’s pump stations. Pump housing and motors shall be examined, as well as evaluate and propose new monitoring controls. With the City’s interest in a Supervisory Control and Data Acquisition (SCADA) system, Leopardo shall determine the optimal system to best fit the City’s water infrastructure architecture. United City of Yorkville │ Comprehensive Infrastructure Analysis 41 Confidential Information 4 SAVINGS SUMMARY Based on the conservation measures proposed, the graphics below represent the savings in the buildings. General Fund – Post Project Utilities $ 49,117 Building Maintenance $ 19,873 Street Lighting $ 51,935 Fleet Operations $ 145,789 Fleet Fuel $ 88,456 Total Savings $377,005 Post $355,181Savings 51% United City of Yorkville │ Comprehensive Infrastructure Analysis 42 Confidential Information 5 BUSINESS CASE ANALYSIS TOTAL PROJECT CASH FLOW AND FINANCIAL ANALYSIS Energy Savings Performance Contract For United City of Yorkville Total Project Cost: $2,660,550 Amount Financed: $2,660,550 Utility Rebates: $TBD Rate of Financing: 2.5% Term of Financing: 15 Years Program Cash Flow: $4,658,107 Year Guaranteed Annual Debt Service M&V Program Cash Flow Savings Payment _______________________ 0 $119,251 $0 $0 $119,251 1 $377,005 $226,915 Included $150,090 2 $379,489 $226,915 $12,000 $140,575 3 $382,074 $226,915 $12,360 $142,799 4 $384,762 $226,915 $12,731 $145,117 5 $387,558 $226,915 $13,113 $147,530 6 $390,465 $226,915 $13,506 $150,044 7 $393,489 $226,915 $13,911 $152,663 8 $396,633 $226,915 $14,329 $155,390 9 $399,904 $226,915 $14,758 $158,231 10 $403,305 $226,915 $15,201 $161,189 11 $406,842 $226,915 $15,657 $164,271 12 $410,521 $226,915 $16,127 $167,480 13 $414,347 $226,915 $16,611 $170,822 14 $418,326 $226,915 $17,109 $174,303 15 $422,464 $226,915 $17,622 $177,927 16 $426,768 $0 $0 $426,768 17 $431,244 $0 $0 $431,244 18 $435,899 $0 $0 $435,899 19 $440,740 $0 $0 $440,740 20 $445,775 $0 $0 $445,775_ Total $8,266,861 $3,403,718 $205,036 $4,658,107 United City of Yorkville │ Comprehensive Infrastructure Analysis 43 Confidential Information MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT This Master Equipment Lease-Purchase Agreement (this "Master Lease") is made and entered into by and between The Fifth Third Leasing Company ("Lessor") and the Lessee identified below ("Lessee"). 1. LEASE OF EQUIPMENT. Subject to the terms and conditions of this Master Lease, Lessor agrees to sell, transfer and lease to Lessee, and Lessee agrees to acquire, purchase and lease from Lessor, all Equipment described in each Schedule signed from time to time by Lessee and Lessor. Each Schedule signed and delivered by Lessor and Lessee pursuant to this Master Lease shall constitute a separate and independent lease and installment purchase of the Equipment therein described. This Master Lease is not a commitment by Lessor or Lessee to enter into any Lease not currently in existence, and nothing in this Master Lease shall be construed to impose any obligation upon Lessor or Lessee to enter into any proposed Lease, it being understood that whether Lessor or Lessee enter into any proposed Lease shall be a decision solely within their respective discretion. 2. CERTAIN DEFINITIONS. All terms defined in the Lease are equally applicable to both the singular and plural form of such terms. (a) "Lease" means each Schedule and the terms and conditions of this Master Lease incorporated therein. (b) "Lien" means any security interest, lien, mortgage, pledge, encumbrance, judgment, execution, attachment, warrant, writ, levy, other judicial process or claim of any nature whatsoever by or of any person. (c) "Equipment" means the property described in each Schedule, together with all attachments, additions, accessions, parts, repairs, improvements, replacements and substitutions thereto. (d) "Escrow Agreement" means the Escrow Agreement relating to a Schedule, dated the Commencement Date under such Schedule and substantially in the form attached to this Master Lease, among Lessor, Lessee and the escrow agent therein identified, with respect to the Escrow Fund established and to be administered thereunder. (e) "Escrow Fund" means the fund of that name established pursuant to an Escrow Agreement. (f) "Schedule" means each Lease Schedule (substantially in the form attached to this Master Lease) signed and delivered by Lessee and Lessor, together with all addenda, riders, attachments, certificates and exhibits thereto, as the same may from time to time be amended, modified or supplemented. 3. LEASE TERM. The term of each Lease ("Lease Term") commences on, and interest accrues from, the date identified in the related Schedule as the Commencement Date and, unless earlier terminated as expressly provided in the Lease, continues until Lessee's payment and performance in full of all of Lessee's obligations under such Lease. 4. RENT PAYMENTS. 4.1 For each Lease, Lessee agrees to pay to Lessor the rent payments ("Rent Payments") in the amounts and on the dates set forth in the Schedule A-1 attached to the Schedule (a "Payment Schedule"). A portion of each Rent Payment is paid as and represents the payment of interest as set forth in the applicable Payment Schedule. Rent Payments under each Lease are payable out of the funds of Lessee that are legally available United City of Yorkville │ Comprehensive Infrastructure Analysis 44 Confidential Information therefor ("Legally Available Funds") in U.S. dollars, without notice or demand, at the office of Lessor identified below (or such other place as Lessor may designate from time to time in writing). 4.2 EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 6 HEREOF, LESSEE'S OBLIGATION TO PAY RENT PAYMENTS UNDER EACH LEASE SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS AND SHALL NOT BE SUBJECT TO ANY SETOFF, DEFENSE, COUNTERCLAIM, ABATEMENT OR RECOUPMENT FOR ANY REASON WHATSOEVER, INCLUDING (WITHOUT LIMITATION) BY REASON OF EQUIPMENT FAILURE, DISPUTES WITH THE VENDOR(S) OR MANUFACTURER(S) OF THE EQUIPMENT OR LESSOR, ACCIDENT OR ANY UNFORESEEN CIRCUMSTANCES. 4.3 Lessor and Lessee understand and intend that the obligation of Lessee to pay Rent Payments under each Lease shall constitute a current expense of Lessee and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by Lessee, nor shall anything contained in any Lease constitute a pledge of the full faith and credit or taxing power of Lessee. 4.4 If Lessor receives any Rent Payment from Lessee after its due date, Lessee shall pay Lessor on demand from Legally Available Funds as a late ch arge one and one-half percent per month (1.5%) of such overdue amount, limited, however, to the maximum amount allowed by law. 5. ESCROW AGREEMENT; EQUIPMENT DELIVERY AND ACCEPTANCE; FUNDING CONDITIONS. 5.1 In order to provide financing to pay the costs to acquire and install the Equipment ("Purchase Price") as described in a Schedule, Lessor and Lessee hereby agree to execute and deliver an Escrow Agreement relating to such Schedule on the date on which the Funding Conditions for such Schedule are satisfied as provided in Section 5.2. If Lessee signs and delivers a Schedule and an Escrow Agreement and if all Funding Conditions have been satisfied in full, then Lessor will deposit or cause to be deposited into an Escrow Fund under the related Escrow Agreement an amount (which may include estimated investment earnings thereon) equal to the Purchase Price for the Equipment to be financed under the related Schedule. 5.2 Lessor shall have no obligation to deposit any Purchase Price into an Escrow Fund under the related Schedule unless all reasonable conditions e stablished by Lessor ("Funding Conditions") have been satisfied, including, without limitation, the following: (a) Lessee has signed and delivered to Lessor the Schedule, its related Payment Schedule and the related Escrow Agreement; (b) no Event of Default or Non-Appropriation Event shall have occurred and be continuing under any Lease; (c) no ma terial adverse change shall have occurred in the financial condition of Lessee or any Supplier (as hereinafter defined); (d) the Equipment is reasonably satisfactory to Lessor and is free and clear of any Liens (except Lessor's Liens); (e) all representations of Lessee in the Lease remain true, accurate and complete; (f) the amount (if any) that Lessor may r equire in advance that Lessee apply to the payment of Equipment costs ; and (g) Lessor has received al l of the following documents, which shall be reasonably satisfactory, in form and substance, to Lessor: (1) evidence of insurance coverage or self-insurance required by the Lease; (2) an opinion of Lessee's counsel; (3) Uniform Commercial Code (UCC) financing statements with respect to the Equipment; (4) real property waivers as Lessor may deem necessary; (5) copies of resolutions by Lessee's governing body, duly authorizing the Lease and the Escrow Agreement and incumbency certificates for the person(s) who will sign the Lease and the Escrow Agreement; (6) such documents and certificates as Lessor may request relating to federal tax-exemption of interest payable under the Lease, including (without limitation) IRS Form 8038-G or 8038-GC and evidence of the adoption of a reimbursement resolution or other official action in the event that Lessee is to be reimbursed for expenditures that it United City of Yorkville │ Comprehensive Infrastructure Analysis 45 Confidential Information has paid more than sixty days prior to the date on which the Funding Conditions are satisfied; and (7) such other documents and information previously identified by Lessor or otherwise reasonably requested by Lessor. 5.3 Lessee shall, at its sole expense, arrange for the transportation, delivery and installation of all Equipment to the location specified in the Schedule ("Location") by Equipment suppliers ("Suppliers") selected by Lessee. Lessee shall accept Equipment for purposes of the related Lease as soon as it has been delivered and is operational. Lessee shall evidence its acceptance o f any Equipment by signing and deliv ering to Lessor a Certificate of Acceptance in the form and manner required by the applicable Escrow Agreement. 5.4 If a Non-Appropriation Event or an Event of Default occurs prior to Lessee's acceptance of all the Equipment under the related Schedule, the amount then on deposit in the Escrow Fund shall be applied to prepay the unpaid principal component of the Rent Payments in whole on the first business day of the month next succeeding the occurrence of either such Event plus accrued interest to the prepayment date; provided, however, that the amount to be prepaid by Lessee pursuant to this Section 5.4 shall first be paid from moneys in the related Escrow Fund and then from Legally Available Funds and other moneys available for such purpose as a result of the exercise by Lessor of its rights and remedies under the related Schedule. Any funds on deposit in the Escrow Fund on the prepayment date described in this Section 5.4 in excess of the unpaid principal component of the Rent Payments to be prepaid plus accrued interest thereon to the prepayment date shall be paid promptly to Lessee. 5.5 To the extent that Lessee has not accepted items of Equipment before the eighteen-month anniversary of the Commencement Date identified on the related Schedule, the amount then on deposit in the related Escrow Fund shall be applied to prepay the unpaid principal component of the Rent Payments in part, in inverse order of Rent Payments, on the first business day of the next month plus accrued interest to the prepayment date; provided, however, that the amount to be prepaid by Lessee pursuant to this Section 5.5 shall first be paid from moneys in the related Escrow Fund and then from Legally Available Funds. Notwithstanding any such partial prepayment, the related Schedule shall remain in full force and effect with respect to the portion of the Equipment accepted by Lessee during such eighteen-month period, and the portion of the principal component of Rent Payments remaining unpaid after such prepayment plus accrued interest thereon shall remain payable in accordance with the terms of the related Schedule. Upon Lessor's request, Lessee shall execute an amendment to the related Payment Schedule that reflects the change to the Rent Payments as a result of such partial prepayment. 6. TERMINATION UPON NON-APPROPRIATION EVENT. 6.1 For each Lease, Lessee represents and warrants that (a) it has appropriated and budgeted Legally Available Funds to make all Rent Payments required pursuant to such Lease for the remainder of the fiscal year in which the Lease Term commences; (b) it currently intends to make Rent Payments for the full Lease Term as scheduled on the applicable Payment Schedule so long as funds are appropriated for each succeeding fiscal year by its governing body; and (c) during the 10 fiscal years prior to the date of the applicable Lease, its governing body has not failed (for whatever reason) to appropriate amounts sufficient to pay its obligations that are subject to annual appropriation. Lessee reasonably believes that moneys in an amount sufficient to make all Rent Payments can and will lawfully be appropriated and made available therefor. 6.2 If Lessee's governing body fails to appropriate sufficient funds in any fiscal year for Rent Payments and other amounts to be paid under a Lease in the next succeeding fiscal year, then a "Non-Appropriation Event" shall have occurred. If a Non-Appropriation Event occurs, then: (a) Lessee shall give Lessor written notice at least 30 days prior to the end of the then current fiscal year of such Non-Appropriation Event and provide written evidence of such failure by Lessee's governing body; (b) on the Return Date, Lessee shall return to Lessor all, but United City of Yorkville │ Comprehensive Infrastructure Analysis 46 Confidential Information not less than all, of the Equipment covered by the affected Lease, at Lessee's sole expense, in accordance with Section 21 hereof; and (c) the affected Lease shall terminate on the Return Date without penalty or expense to Lessee, provided, that Lessee shall pay all Rent Payments and other amounts payable under the affected Lease for which funds shall have been appropriated, and provided further, that Lessee shall pay month-to-month rent at the rate set forth in the affected Lease for each month or part thereof that Lessee fails to return the Equipment under this Section 6.2. "Return Date" means the last day of the fiscal year for which appropriations were made for the Rent Payments due under a Lease. 7. NO WARRANTY BY LESSOR. LESSEE ACQUIRES AND LEASES THE EQUIPMENT UNDER EACH LEASE "AS IS." LESSEE ACKNOWLEDGES THAT LESSOR DID NOT MANUFACTURE THE EQUIPMENT UNDER ANY LEASE. LESSOR DOES NOT REPRESENT THE MANUFACTURER, SUPPLIER, OWNER OR DEAL ER, AND LESSEE SELECTED THE EQUIPMENT BASED UPON LESSEE'S OWN JUDGMENT. LESSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE OR AS TO THE EQUIPMENT'S VALUE, DESIGN, CONDITION, USE, CAPACITY OR DURABILITY. LESSEE AGREES THAT REGARDLESS OF CAUSE, LESSOR IS NOT RESPONSIBLE FOR, AND LESSEE WILL NOT MAKE ANY CLAIM AGAINST LESSOR FOR, ANY DAMAGES, WHETHER CONSEQUENTIAL, DIRECT, SPECIAL OR INDIRECT INCURRED BY LESSEE IN CONNECTION WITH THE EQUIPMENT UNDER ANY LEASE. NEITHER THE MAN UFACTURER, SUPPLIER OR DEALER NOR ANY SALESPERSON, EMPLOYEE OR AGENT OF THE MANUFACTURER, SUPPLIER OR DEALER IS LESSOR'S AGENT OR HAS ANY AUTHORITY TO SPEAK FOR LESSOR OR TO BIND LESSOR IN ANY WAY. For and during the Lease Term under each Lease, Lessor assigns to Lessee any manufacturer's or Supplier's product warranties, express or implied, applicable to any Equipment and Lessor authorizes Lessee to obtain the customary services furnished in connection with such warranties at Lessee's sole expense. Lessee agrees that (a) all Equipment will have been purchased by Lessor in accordance with Lessee's specifications from Suppliers selected by Lessee, (b) Lessor is not a manufacturer or dealer of any Equipment and has no liability for the delivery or installation of any Equipment, (c) Lessor assumes no obligation with respect to any manufacturer's or Supplier's product warranties or guaranties, (d) no manufacturer or Supplier or any representative of said parties is an agent of Lessor and (e) any warranty, representation, guaranty or agreement made by any manufacturer or Supplier or any representative of said parties shall not be binding upon Lessor. 8. TITLE; SECURITY INTEREST. 8.1 Upon Lessee's acceptance of any Equipment under a L ease and in accordance with the related Escrow Agreement, title to such Equipment shall vest in Lessee, subject to Lessor's security interest therein and all of Lessor's other rights under such Lease including, without limitation, Sections 6, 20 and 21 hereof. 8.2 As collateral security for Lessee's obligations to pay all Rent Payments and all other amounts due and payable under each Lease and to perform and observe all covenants, agreements and conditions (direct or indirect, absolute or contingent, due or to become due or existing or hereafter arising) of Lessee under such Lease, Lessee hereby grants to Lessor a first priority, exclusive security interest in any and all of the Equipment (now existing or hereafter acquired) under each Lease, moneys and investments held from time to time the Escrow Fund under each Escrow Agreement and any and all proceeds of any of the foregoing. Lessee agrees to execute and deliver to Lessor all necessary documents to evidence and perfect such security interest, including, without limitation, Uniform Commercial Code (UCC) financing statements and any amendments thereto and certificates of title or certificates of origin (or applications thereof) noting Lessor's interest thereon. United City of Yorkville │ Comprehensive Infrastructure Analysis 47 Confidential Information 9. PERSONAL PROPERTY. All Equipment is and will remain personal property and will not be deemed to be affixed or attached to real estate or any building thereon. 10. MAINTENANCE AND OPERATION. Lessee shall, at its sole expense: (a) repair and mai ntain all Equipment in good condition and working order, in accordance with manufacturer's instructions, and supply and install all replacement parts or other devices when required to so maintain the Equip ment or when required by applicable law or regulation, which parts or devices shall automatically become part of the Equipment; (b) use and operate all Equipment solely for the purpose of performing one or more governmental functions of Lessee and in a careful manner in the normal course of its operations and only for the purposes for which it was designed in accordance with the manufacturer's warranty requirements; and (c) comply with all laws and regulations relating to the Equipment. No maintenance or other service for any Equipment will be provided by Lessor. Lessee will not make any alterations, additions or improvements ("Improvements") to any Equipment without Lessor's prior written consent unless the Improvements may be readily removed without damage to the operation, value or utility of such Equipment, but any such Improvements not removed prior to the termination of the applicable Lease shall automatically become part of the Equipment. 11. LOCATION; INSPECTION. Equipment will not be removed from, or if Equipment is rolling stock its permanent base will not be changed from, the Location without Lessor's prior written consent which will not be unreasonably withheld. Upon reasonable notice to Lessee, Lessor may enter the Location or elsewhere during normal business hours to inspect the Equipment. 12. LIENS, SUBLEASES AND TAXES. 12.1 Lessee shall keep all Equipment free and clear of all Liens except those Liens created under each Lease. Lessee shall not sublet or lend any Equipment or permit it to be used by anyo ne other than Lessee or Lessee's employees. 12.2 Lessee shall pay when due all Taxes that may now or hereafter be imposed upon: any Equipment or its ownership, leasing, rental, sale, purchase, pos session or use; any Lease or Escrow Agreement; any Rent Payments or any other payments due under any Lease; or any Escrow Fund. If Lessee fails to pay such Taxes when due, Lessor shall have the right, but not the obligation, to pay such Taxes. If Lessor pays any such Taxes, then Lessee shall, upon demand, immediately reimburse Lessor therefor. "Taxes" means present and future taxes, levies, duties, assessments or other governmental charges that are not based on the net income of Lessor, whether they are assessed to or payable by Lessee or Lessor, including, without limitation (a) sales, use, excise, licensing, registration, titling, gross receipts, stamp and personal property taxes and (b) interest, penalties o r fines on any of the foregoing. 13. RISK OF LOSS. 13.1 Lessee bears the entire risk of loss, theft, damage or destruction of any Equipment in whole or in part from any reason whatsoever ("Casualty Loss"). No Casualty Loss to any Equipment shall relieve Lessee from the United City of Yorkville │ Comprehensive Infrastructure Analysis 48 Confidential Information obligation to make any Rent Payments or to perform any other obligation under any Lease. Proceeds of any insurance recovery will be applied to Lessee's obligations under this Section 13. 13.2 If a Casualty Loss occurs to any Equipment, Lessee shall immediately notify Lessor of the same and Lessee shall, unless otherwise directed by Lessor, immediately repair the same. 13.3 If Lessor determines that any item of Equipment has suffered a Casualty Loss beyond repair ("Lost Equipment"), then Lessee shall either: (a) immediately replace the Lost Equipment with similar equipment in good repair, condition and working order free and clear of any Liens (except Lessor's Liens) and deliver to Lessor a purchase order, bill of sale or other evidence of sale to Lessee covering the replacement equipment, in which event such replacement equipment shall automatically be Equipment under the applicable Lease, or (b) on the next scheduled Rent Payment due date, pay Lessor (i) all amounts owed by Lessee under the applicable Lease, including the Rent Payment due on such date, plus (ii) an amount equal to the applicable Termination Value set forth in the Payment Schedule to the applicable Lease. If Lessee is making such payment with respect to less than all of the Equipment under a Lease, then Lessor will provide Lessee with the pro rata amount of the Termination Value to be paid by Lessee with respect to the Lost Equipment. 13.4 Lessee shall bear the risk of loss for, shall pay directly and shall defend against any and all claims, liabilities, proceedings, actions, expenses (including reasonable attorney's fees), damages or losses arising under or related to any Equipment, including, but not limited to, the possession, ownership, lease, use or operation thereof. These obligations of Lessee shall survive any expiration or termination of any Lease. Lessee shall not bear the risk of loss of, nor pay for, any claims, liabilities, proceedings, actions, expenses (including attorney's fees), damages or losses which arise directly from events occurring after any Equipment has been returned by Lessee to Lessor in accordance with the terms of the applicable Lease or which arise directly from the gross negligence or willful misconduct of Lessor. 14. INSURANCE. 14.1(a) Lessee at its sole expense shall at all times keep all Equipment insured against all risks of loss or damage from every cause whatsoever (including collision in the case of vehicles) for an amount not less than the Termination Value of the Equipment under each Lease. Lessor shall be named as loss payee with respect to all insurance covering damage to or loss of any Equipment, and the proceeds of any such insurance shall be payable to Lessor as loss payee to be applied as provided in Section 13.3. (b) The Total Amount Financed as set forth on the applicable Payment Schedule does not include the payment of any premium for any liability insurance coverage for bodily injury and/or property damage caused to others and no such insurance will be purchased by Lessor. (c) Lessee at its sole expense shall at all times carry public liability and property damage insurance in amounts reasonably satisfactory to Lessor protecting Lessee and Lessor from liabilities for injuries to persons and damage to property of others relating in any way to any Equipment. Lessor shall be named as additional insured with respect to all such public liability and property damage insurance, and the proceeds of any such insurance shall be payable first to Lessor as additional insured to the extent of its liability and then to Lessee. 14.2 All insurers shall be reasonably satisfactory to Lessor. Lessee shall promptly d eliver to Lessor satisfactory evidence of required insurance coverage and all renewals and replacements thereof. Each insurance policy will require that the insurer give Lessor at least 30 days prior written notice of any cancellation of such policy and wi ll require that Lessor's interests remain insured regardless of any act, error, misrepresentation, omission or neglect of Lessee. The insurance mainta ined by Lessee shall be primary without any right o f contribution from insurance which may be maintained by Lessor. United City of Yorkville │ Comprehensive Infrastructure Analysis 49 Confidential Information 14.3 If Lessee is self-insured under an actuarially sound self-insurance program that is acceptable to Lessor with respect to equipment such as the Equipment under a Lease, Lessee shall maintain during the Lease Term of such Lease such actuarially sound self-insurance program and shall provide evidence thereof in form and substance satisfactory to Lessor. 15. PURCHASE OPTION. Upon thirty (30) days' prior written notice by Lessee to Lessor, and so long as there is no Event of Default then existing, Lessee shall have the option to purchase all, but not less than all, of the Equipment subject to a Lease on any Rent Payment due date by paying to Lessor all Rent Payments then due (including accrued interest, if any) plus the Termination Value set forth on the Payment Schedule to the applicable Lease for such date. Upon satisfaction by Lessee of such purchase conditions, Lessor shall release its Lien on such Equipment and Lessee shall retain its title to such Equipment "AS-IS, WHERE-IS," without representation or warranty by Lessor, express or implied, except for a representation that such Equipment is free and clear of any Liens created by Lessor. 16. LESSEE'S REPRESENTATIONS AND WARRANTIES. With respect to each Lease, the Equipment subject thereto and the related Escrow Agreement, Lessee hereby represents and warrants to Lessor that: (a) Lessee has full power, authority and legal right to execute and deliver the Lease and the Escrow Agreement and to perform its obligations under the Lease and the Escrow Agreement, and all such actions have been duly authorized by appropriate findings and actions of Lessee's governing body; (b) the Lease and the Escrow Agreement have each been d uly authorized, executed and delivered by Lessee and each constitutes a legal, valid and binding obligation of Lessee, enforceable in accordance with their respective terms; (c) the Lease and the Escrow Agreement are each authori zed under, and the authorization, execution and delivery of the Lease and the Escrow Agreement comply with, all applicable federal, state and local laws and regulations (including, but not limited to, all open meeting, public bidding and property acquisition laws) and all applicable judgments and court orders; (d) the execution, delivery and performance by Lessee of its obligations under the Lease and the Escrow Agreement will not result in a breach or violation of, nor constitute a default under, any agreement, lease or other instrument to which Lessee is a party or by which Lessee's properties may be bound or affected; (e) there is no p ending, or to the best of Lessee's knowledge threat ened, litigation of any nature that may have a material adverse effect on Lessee's ability to perform its obligations under the Lease and the Escrow Agreement; and (f) Lessee is a state, or a political subdivision thereof, within the meaning of Section 103 of the Internal Revenue Code of 1986 (the "Code") and will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as such. United City of Yorkville │ Comprehensive Infrastructure Analysis 50 Confidential Information 17. TAX COVENANTS. Lessee hereby covenants and agrees that: (a) The parties anticipate that Lessor can exclude the interest component of the Rent Payments under each Lease from federal gross income. Lessee covenants and agrees that it will (i) complete and timely file an information reporting return with the Internal Revenue Service ("IRS") in accordance with Section 149(e) of the Code; (ii) not permit the Equipment to be directly or indirectly used for a private business use within the meaning of Section 141 of the Code including, without limitation, use by private persons or entities pursuant to contractual arrangements which do not satisfy IRS guidelines for permitted management contracts, as the same may be amended from time to time; (iii) invest and reinvest moneys on deposit in the Escrow Fund related to each Lease from time to time in a manner that will not cause such Lease to be classified as an "arbitrage bond" within the meaning of Section 148(a) of the Code; (iv) rebate an amount equal to excess earnings in any Escrow Fund to the federal government if required by, and in accordance with, Section 148(f) of the Code and make the determinations and maintain the records required by the Code; and (v) comply with all provisions and regulations applicable to establishing and maintaining the excludability of the interest component of the Rent Payments under each Lease from federal gross income pursuant to Section 103 of the Code. (b) If Lessor either (i) receives notice, in any form, from the IRS; or (ii) reasonably determines, based on an opinion of independent tax counsel selected by Lessor and approved by Lessee, which approval Lessee shall not unreasonably withho ld, that Lessor may not exclude the interest component of any Rent Payment under a Lease from federal gross income because Lessee breached a covenant contained in paragraph 17(a) herein, then Lessee shall pay to Lessor, within thirty (30) days after Lessor notifies Lessee of such determination, the amount which, with respect to Rent Payments previously paid and taking into account all penalties, fines, interest and additions to tax (including all federal, state and local taxes imposed on the interest component of all Rent Payments under such Lease due through the date of such event) that are imposed on Lessor as a result of the loss of the exclusion, will restore to Lessor the same after-tax yield on the transaction evidenced by this Lease (assuming tax at the highest marginal corporate tax rate) that it would have realized had the exclusion not been lost. Additionally, Lessee agrees that upon the occurrence of such an event, it shall pay additional rent to Lessor on each succeeding Rent Payment due date in such amount as will maintain such after-tax yield to Lessor. Lessor's determination of the amount necessary to maintain its after-tax yiel d as provided in this subsection (b) shall be conclusive (absent manifest error). Notwithstanding anything in a Lease to the contrary, any payment that Lessee is required to make pursuant to this subsection (b) shall be made only from Legally Available Funds. 18. ASSIGNMENT. 18.1 Lessee shall not sell, assign, transfer, pledge, hypothecate or grant any Lien on, nor otherwise dispose of, any Lease, any Equipment, any Escrow Agreement or any Escrow Fund or any interest in any thereof. 18.2. Lessor may assign its rights, title and interest in and to any Lease, any Equipment or any Escrow Agreement (including the Escrow Fund thereunder), and/or may grant or assign a security interest in any Lease, its Equipment or any Escrow Agreement (including the Escrow Fund thereunder), in whole or in part, to any party at any time and from time to time without Lessee's consent. Any such assignee or lien holder (an "Assignee") shall have all of the rights of Lessor under the applicable Lease and Escrow Agreement. LESSEE AGREES NOT TO ASSERT AGAINST ANY ASSIGNEE ANY CLAIMS, ABATEMENTS, SETOFFS, COUNTERCLAIMS, RECOUPMENT OR ANY OTHER SIMILAR DEFENSES WHICH LESSEE MAY HAVE AGAINST LESSOR. Unless otherwise agreed by Lessee in writing, any United City of Yorkville │ Comprehensive Infrastructure Analysis 51 Confidential Information such assignment transaction shall not release Lessor from any of Lessor's obligations under the applicable Lease. An assignment or reassignment of any of Lessor's right, title or interest in a Lease, its Equipment or any Escrow Agreement (including the Escrow Fund thereunder) shall be enforceable against Lessee only after Lessee receives a written notice of assignment that discloses the name and address of each such Assignee. Lessee shall keep a complete and accurate record of all such assignments in the form necessary to comply with Section 149(a) of the Code. Lessee agrees to acknowledge in writing any such assignments if so requested. 18.3. Subject to the foregoing, each Lease inures to the benefit of and is binding upon the successors and assigns of the parties hereto. 19. EVENTS OF DEFAULT. For each Lease, "Event of Default" means the occurrence of any one or more of the following events as they may relate to such Lease: (a) Lessee fails to make any Rent Payment (or any other payment) as it becomes due in accordance with the terms of the Lease, and any such failure continues for fifteen (15) days after the due date thereof; (b) Lessee fails to perform or observe any of its obligations under Section 12.1, 14 or 18.1 hereof; (c) Lessee fails to perform or observe any other covenant, condition or agreement to be performed or observed by it under the Lease and such failure is not cured within thirty (30) days after receipt of written notice thereof by Lessor; (d) any statement, representation or warranty made by Lessee in the Lease or in any writing delivered by Lessee pursuant thereto or in connection therewith proves at any time to have been false, misleading or erroneous in any material respect as of the time when made; (e) Lessee applies for or consents to the appointment of a receiver, trustee, conservator or liquidator of Lessee or of all or a substantial part of its assets, or a petition for relief is filed by Lessee under any federal or state bankruptcy, insolvency, moratorium or similar law; or (f) Lessee shall be in default under any other Lease or under any other financing agreement executed at any time with Lessor. 20. REMEDIES. If any Event of Default occurs, then Lessor may, at its option, exercise any one or more of the following remedies: (a) Lessor may require Lessee to pay (and Lessee agrees that it shall pay) all amounts then currently due under all Leases and all remaining Rent Payments due under all Leases during the fiscal year in effect when the default occurs together with accrued interest on such amounts at the respective rates provided in such Leases from the date of Lessor's demand for such payment; (b) Lessor may require Lessee to promptly return all Equipment to Lessor in the manner set forth in Section 21 (and Lessee agrees that it shall so return the Equipment), or Lessor may, at its option, enter upon the premises where any Equipment is located and repossess such Equipment upon seven (7) days' prior notice to Lessee, without any court order or other process of law and without liability for any damage occasioned by such repossession; (c) Lessor may sell, lease or otherwise dispose of any Equipment, in whole or in part, in one or more public or private transactions, and if Lessor so disposes of any Equipment, then Lessor shall apply the entire proceeds of such disposition as follows: first, to pay costs that Lessor has incurred in connection with exercising its remedies; second, to payment of amounts that are payable by Lessee under clause (a) above; and then to payment of the Termination Value set forth in the applicable Payment Schedule for the United City of Yorkville │ Comprehensive Infrastructure Analysis 52 Confidential Information last Rent Payment due date for the fiscal year in which the related default occurs; provided, however, that any disposition proceeds in excess of payment of all of the foregoing amounts shall be paid promptly by Lessor to Lessee; (d) Lessor may terminate, cancel or rescind any Lease as to any and all Equipment; (e) Lessor may exercise any other right, remedy or privilege that may be available to Lessor under applicable law or, by appropriate court action at law or in equity, Lessor may enforce any of Lessee's oblig ations under any Lease or with respect to the Escrow Fund under the related Escrow Agreement; and/or (f) Lessor may require Lessee to pay (and Lessee agrees that it shall pay) all out-of-pocket costs and expenses incurred by Lessor as a result (directly or indirectly) of the Event of Default and/or of Lessor's actions under this Section, including, without limitation, any attorney fees and expenses and any costs related to the repossession, safekeeping, sto rage, repair, reconditioning or disposition of any Equipment. None of the above remedies is exclusive, but each is cumulative and in addition to any other remedy available to Lessor. Lessor's exercise of one or more remedies shall not preclude its exercise of any other remedy. No delay or failure on the part of Lessor to exercise any remedy under any Lease shall operate as a waiver thereof, nor as an acquiescence in any default, nor shall any single or partial exercise of any remedy preclude any other exercise thereof or the exercise of any other remedy. 21. RETURN OF EQUIPMENT. If Lessor is entitled under the provisions of any Lease, including any termination thereof pursuant to Section 6 or 20 hereof, to obtain possession of any Equipment or if Lessee is obligated at any time to return any Equipment, then (a) title to the Equipment shall vest in Lessor immediately upon Lessor's notice thereof to Lessee, and (b) Lessee shall, at its sole expense and risk, immediately de-install, disassemble, pack, crate, insure and return the Equipment to Lessor (all in accordance with applicable industry standards). Such Equipment shall be in the same condition as when received by Lessee (reasonable wear, tear and depreciation resulting from normal and proper use excepted), shall be in good operating order and maintenance as required by the applicable Lease, shall be free and clear of any Liens (except Lessor's Lien) and shall comply with all applicable laws and regulations. Until Equipment is returned as required above, all terms of the applicable Lease shall remain in full force and effect including, without limitation, obligations to pay Rent Payments and to insure the Equipment. Lessee agrees to execute and deliver to Lessor all documents reasonably requested by Lessor to evidence the transfer of legal and beneficial title to such Equipment to Lessor and to evidence the termination of Lessee's interest in such Equipment. 22. LAW GOVERNING; UCC ARTICLE 2A WAIVER. (a) Each Lease shall be governed by the laws of the state in which Lessee is located (the "State"). (b) Lessee hereby willingly and knowingly waives any rights or remedies to which it may otherwise be entitled under Sections 508 through 522, inclusive, of Article 2A of the Uniform Commercial Code in effect in the State. 23. NOTICES. All notices to be given under any Lease shall be made in writing and either personally delivered or mailed by certified mail to the other party at its address set forth herein or at such address as the party may provide in writing from time to time. Any such notices shall be deemed to have been received five (5) days subsequent to mailing if sent by regular or certified mail, or on the next business day if sent by overnight courier, or on the day of delivery if delivered personally. 24. FINANCIAL INFORMATION; INDEMNITY; POWER OF ATTORNEY. 24.1 Within two hundred ten (210) days after their completion for each fiscal year of Lessee during any Lease Term, Lessee will deliver to Lessor upon Lessor's request the publicly available annual financial information of Lessee. 24.2 Lessee hereby appoints Lessor its true and lawful attorney-in-fact (with full power of substitution) to prepare any instrument, certificate of title or financing statement covering the Equipment or otherwise United City of Yorkville │ Comprehensive Infrastructure Analysis 53 Confidential Information protecting Lessor's interest in the Equipment; and to make claims for, receive payment of and execute and endorse all documents, checks or drafts for loss, theft, damage or destruction to the Equipment under any insurance. 25. SECTION HEADINGS. All section headings contained herein or in any Schedule are for convenience of reference only and do not define or limit the scope of any provision of any Lease. 26. EXECUTION IN COUNTERPARTS. This Master Lease and each Lease may be executed in several counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument; provided, however, that only Counterpart No. 1 of each Lease (including the terms and conditions of this Master Lease incorporated therein by reference) shall constitute chattel paper for purposes of the applicable Uniform Commercial Code. 27. ENTIRE AGREEMENT; WRITTEN AMENDMENTS. Each Lease, Escrow Agreement and other documents or instruments executed by Lessee and Lessor in connection therewith constitute the entire agreement between the parties with respect to the lease and financing of the Equipment covered thereby, and such Lease shall not be modified, amended, altered or changed except with the written consent of Lessee and Lessor. Any provision of any Lease found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of the Lease. United City of Yorkville │ Comprehensive Infrastructure Analysis 54 Confidential Information 6 ILLINOIS ESPC SUMMARY STATE LEGISLATION Local Government Energy Conservation Act (50 ILCS 515/1) The Illinois General Assembly enacted the Local Government Energy Conservation Act (50 ILCS 515/1). This legislation has created opportunities for local governments to pay for comprehensive energy and maintenance improvement programs out of energy and maintenance savings generated by retrofitting their facilities. The following are some additional facts and clarifications on 50 ILCS 515/1: The law provides local governments with the ability to obtain additional funds for needed capital improvements. The improvement package must generate enough energy and operating savings to pay for the entire project to the average system life of the energy conservation measure or 20 years, whichever is less. By using funds budgeted for utility and operating costs, the legislation enables local governments to accomplish necessary building repairs and energy conservation improvements without additional capital outlays. Because these projects are completely based on performance, a local government can select companies and products that will give them the greatest value instead of being forced to use the lowest bids. Future maintenance expenses and demands will be reduced because it costs less to maintain new equipment. As energy costs continue to rise, the excess funds that become available as a result of this program will continue to increase. This approach has been particularly beneficial by combining low cost, high-yield energy conservation measures to create a package that addresses needs and fits into the Local Government Energy Conservation Act. LOCAL GOVERNMENT ENERGY CONSERVATION ACT (50 ILCS 515/) (50 ILCS 515/1) Sec. 1. Short title. This Act may be cited as the Local Government Energy Conservation Act. (Source: P.A. 88- 173.) (50 ILCS 515/3) Sec. 3. Applicable laws. Other State laws and related administrative requirements apply to this Act, including, but not limited to, the following laws and related administrative requirements: the Illinois Human Rights Act, the Prevailing Wage Act, the Public Construction Bond Act, the Public Works Preference Act (repealed on June 16, 2010 by Public Act 96- 929), the Employment of Illinois Workers on Public Works Act, the Freedom of Information Act, the Open Meetings Act, the Illinois Architecture Practice Act of 1989, the Professional Engineering Practice Act of 1989, the Structural Engineering Practice Act of 1989, the Local Government Professional Services Selection Act, and the Contractor Unified License and Permit Bond Act. (Source: P.A. 97-333, eff. 8-12-11.) (50 ILCS 515/4) Sec. 4. Applicability. In order to protect the integrity of historic buildings, no provision of this Act shall be interpreted to require the implementation of energy conservation measures that conflict with respect to any property eligible for, nominated to, or entered on the National Register of Historic Places, pursuant to the National Historic Preservation Act of 1966, or the Illinois Register of Historic Places, pursuant to the Illinois Historic Preservation Act. (Source: P.A. 94-1062, eff. 7-31-06.) United City of Yorkville │ Comprehensive Infrastructure Analysis 55 Confidential Information 6 ILLINOIS ESPC SUMMARY (50 ILCS 515/5) Sec. 5. Definitions. As used in this Act, unless the context clearly requires otherwise: "Energy conservation measure" means any improvement, repair, alteration, or betterment of any building or facility owned or operated by a unit of local government or any equipment, fixture, or furnishing to be added to or used in any such building or facility, subject to all applicable building codes, that is designed to reduce energy consumption or operating costs, and may include, without limitation, one or more of the following: (1) Insulation of the building structure or systems within the building. (2) Storm windows or doors, caulking or weather-stripping, multi-glazed windows or doors, heat absorbing or heat reflective glazed and coated window or door systems, additional glazing, reductions in glass area, or other window and door system modifications that reduce energy consumption. (3) Automated or computerized energy control systems. (4) Heating, ventilating, or air conditioning system modifications or replacements. (5) Replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to the applicable State or local building code for the lighting system after the proposed modifications are made. (6) Energy recovery systems. (7) Energy conservation measures that provide long-term operating cost reductions. "Guaranteed energy savings contract" means a contract for: i.the implementation of an energy audit, data collection, and other related analyses preliminary to the undertaking of energy conservation measures; (ii) the evaluation and recommendation of energy conservation measures; (iii) the implementation of one or more energy conservation measures; and (iv) the implementation of project monitoring and data collection to verify post-installation energy consumption and energy-related operating costs. The contract shall provide that all payments, except obligations on termination of the contract before its expiration, are to be made over time and that the savings are guaranteed to the extent necessary to pay the costs of the energy conservation measures. Energy savings may include energy reduction and offsetting sources of renewable energy funds including renewable energy credits and carbon credits. "Qualified provider" means a person or business whose employees are experienced and trained in the design, implementation, or installation of energy conservation measures. The minimum training required for any person or employee under this paragraph shall be the satisfactory completion of at least 40 hours of course instruction dealing with energy conservation measures. A qualified provider to whom the contract is awarded shall give a sufficient bond to the unit of local government for its faithful performance. "Request for proposals" means a competitive selection achieved by negotiated procurement. The request for proposals shall be announced through at least one public notice, at least 14 days before the request date in a newspaper published in the territory comprising the unit of local government or, if no newspaper is published in that territory, in a newspaper of general circulation in the area of the unit of local government, from a unit of local government that will administer the program, requesting innovative solutions and proposals for energy conservation measures. Proposals submitted shall be sealed. The request for proposals shall include all of the following: (1) The name and address of the unit of local government. (2) The name, address, title, and phone number of a contact person. (3) Notice indicating that the unit of local government is requesting qualified providers to propose energy conservation measures through a guaranteed energy savings contract. (4) The date, time, and place where proposals must be received. (5) The evaluation criteria for assessing the proposals. (6) Any other stipulations and clarifications the unit of local government may require. "Unit of local government" means a City, township, municipality, or park district. (Source: P.A. 96-1197, eff. 7-22-10.) United City of Yorkville │ Comprehensive Infrastructure Analysis 56 Confidential Information 6 ILLINOIS ESPC SUMMARY (50 ILCS 515/10) Sec. 10. Evaluation of proposal. Before entering into a guaranteed energy savings contract under Section 15, a unit of local government shall submit a request for proposals. The unit of local government shall evaluate any sealed proposal from a qualified provider. The evaluation shall analyze the estimates of all costs of installations, modifications, or remodeling, including, without limitation, costs of a pre- installation energy audit or analysis, design, engineering, installation, maintenance, repairs, debt service, conversions to a different energy or fuel source, or post-installation project monitoring, data collection, and reporting. The evaluation shall include a detailed analysis of whether either the energy consumed or the operating costs, or both, will be reduced. If technical assistance is not available by a licensed architect or registered professional engineer on the unit of local government's staff, then the evaluation of the proposal shall be done by a registered professional engineer or architect who is retained by the unit of local government. Any licensed architect or registered professional engineer evaluating a proposal under this Section may not have any financial or contractual relationship with a qualified provider or other source that would constitute a conflict of interest. The unit of local government may pay a reasonable fee for evaluation of the proposal or include the fee as part of the payments made under Section 20. (Source: P.A. 94-1062, eff. 7-31-06.) (50 ILCS 515/15) Sec. 15. Award of guaranteed energy savings contract. Sealed proposals must be opened by a member of the unit of local government's governing body or an employee of the unit of local government at a public opening at which the contents of the proposals must be announced. Each person or entity submitting a sealed proposal must receive at least 10 days notice of the time and place of the opening. The unit of local government shall select the qualified provider that best meets the needs of the unit of local government. The unit of local government shall provide public notice of (i) the meeting at which it proposes to award a guaranteed energy savings contract, (ii) the names of the parties to the proposed contract, and (iii) the purpose of the contract. The public notice shall be made at least 10 days prior to the meeting. After evaluating the proposals under Section 10, a unit of local government may enter into a guaranteed energy savings contract with a qualified provider if it finds that the amount it would spend on the energy conservation measures recommended in the proposal would not exceed the amount to be saved in either energy or operational costs, or both, within a 10 year period from the date of installation, if the recommendations in the proposal are followed. (Source: P.A. 88-173.) (50 ILCS 515/20) Sec. 20. Guarantee. The guaranteed energy savings contract shall include a written guarantee of the qualified provider that either the energy or operational cost savings, or both, will meet or exceed within 20 years the costs of the energy conservation measures. The qualified provider shall reimburse the unit of local government for any shortfall of guaranteed energy savings projected in the contract. A qualified provider shall provide a sufficient bond to the unit of local government for the installation and the faithful performance of all the measures included in the contract. The guaranteed energy savings contract may provide for payments over a period of time, not to exceed 20 years from the date of the final installation of the measures. (Source: P.A. 96-1197, eff. 7-22-10.) (50 ILCS 515/25) Sec. 25. Installment payment contract; lease purchase agreement. A unit of local government, or units of local government in combination, may enter into an installment payment contract or lease purchase agreement with a qualified provider or with a third party, as authorized by law, for the funding or financing of the purchase and installation of energy conservation measures by a qualified provider. Every unit of local government may issue certificates evidencing the indebtedness incurred pursuant to the contracts or agreements. Any such contract or agreement shall be valid whether or not an appropriation with respect thereto is first included in any annual or supplemental budget adopted by the unit of local government. Each contract or agreement entered into by a unit of local government pursuant to this Section shall be authorized by official action of the unit of local government's governing body. The authority granted under this Section is in addition to any other authority granted by law. United City of Yorkville │ Comprehensive Infrastructure Analysis 57 Confidential Information 6 ILLINOIS ESPC SUMMARY If an energy audit is performed by an energy services contractor for a unit of local government within the 3 years immediately preceding the solicitation, then the unit of local government must publish as a reference document in the solicitation for energy conservation measures the following: (1) an executive summary of the energy audit provided that the unit of local government may exclude any proprietary or trademarked information or practices; or the energy audit provided that the unit of local government may redact any proprietary or trademarked information or practices. A unit of local government may not withhold the disclosure of information related to (i) the unit of local government's consumption of energy, (ii) the physical condition of the unit of local government's facilities, and (iii) any limitations prescribed by the unit of local government. The solicitation must include a written disclosure that identifies any energy services contractor that participated in the preparation of the specifications issued by the unit of local government. If no energy services contractor participated in the preparation of the specifications issued by the unit of local government, then the solicitation must include a written disclosure that no energy services contractor participated in the preparation of the specifications for the unit of local government. The written disclosure shall be published in the Capital Development Board Procurement Bulletin with the Request for Proposal. (Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.) (50 ILCS 515/30) Sec. 30. Term; budget and appropriations. Guaranteed energy savings contracts may extend beyond the fiscal year in which they become effective. The unit of local government shall include, in its annual budget and appropriations measures for each subsequent fiscal year, any amounts payable under guaranteed energy savings contracts during that fiscal year. (Source: P.A. 88-173.) (50 ILCS 515/35) Sec. 35. Operational and energy cost savings. The unit of local government shall document the operational and energy cost savings specified in the guaranteed energy savings contract and shall designate and appropriate that amount for an annual payment of the contract. If the annual energy savings are less than projected under the guaranteed energy savings contract, the qualified provider shall pay the difference as provided in Section 20. (Source: P.A. 88-173.) (50 ILCS 515/40) Sec. 40. Available funds. A unit of local government may use funds designated for operating or capital expenditures for any guaranteed energy savings contract, including purchases using installment payment contracts or lease purchase agreements. A unit of local government that enters into such a contract or agreement may covenant in the contract or agreement that payments made under the contract shall be payable from the first funds legally available in each fiscal year. (Source: P.A. 88-173.) (50 ILCS 515/45) Sec. 45. Funding. State aid and other amounts appropriated for distribution to or reimbursement of a unit of local government shall not be reduced as a result of energy savings realized from a guaranteed energy savings contract or a lease purchase agreement for the purchase and installation of energy conservation measures. (Source: P.A. 88-173.) (50 ILCS 515/75) Sec. 75. (Amendatory provisions; text omitted). (Source: P.A. 88-173; text omitted.) (50 ILCS 515/99) Sec. 99. This Act takes effect upon becoming a law. (Source: P.A. 88-173.) United City of Yorkville │ Comprehensive Infrastructure Analysis 58 Confidential Information 7 NEXT STEPS Request for Proposals The next step in the process leading to a fully developed energy savings performance contract, per 50 ILCS 515/1, is the release of a request for proposals/qualifications for performance contracting services. Leopardo’s energy savings performance contracting proposal is an iterative process that takes into consideration the needs and wants of the City. Leopardo will develop the scope of the development project based on the energy savings and financial goals of the City. This process will lead to a fully-developed project with firm pricing for each and every ECM investigated, and the payback/energy savings guarantee criteria spelled out in a straight forward manner. Energy Conservation Measures The product of this process is an investment grade audit addressing all City buildings identified as having potential in the preliminary study and as directed by the City. This audit will look at all the equipment and the infra-structure as a whole. The main areas of concern are: Lighting (Interior and Exterior) Heating Equipment Cooling Equipment Heating and Cooling Controls Lighting Controls Building Envelope Water Conservation Water Meter Upgrades And will give consideration to Renewable Energy Options Leopardo will commit a team of engineers and a project manager who will analyze each potential improvement measure. The analysis will be a fully developed and firm bid project backed document providing the City with a dynamic report that will illuminate the cost/benefit of each ECM identified by the team. Using this analysis the City's leadership team will pick and choose the most beneficial set of ECMs that will serve the goals of the City. The proprietary spreadsheet that will be used in the decision making process allows multiple what-if scenarios to be developed and will demonstrate clearly the benefits that will accrue as the result of implementation for any combination of improvement measures. As a part of this phase, the developed ECM sheet will be optimized for the desired outcome of the project and a final project will be identified and adopted. TIMELINE Initial Meeting to Public Works Committee 04/19/2016 Feasibility Stage 04/20/2016 – 11/23/2016 Presentation to Internal Team TBD Presentation to Public Works Committee 12/20/2016 City Council issues approval for RFQ for ESPC 01/24/2017 Legal Advertisement Week of 1/30/2017 RFQ Preview Meeting 02/08/2017 Submission of Proposals/Qualifications 03/03/2017 Provider Selected 03/17/2017 Scope/Contract Negotiation 03/20/2017 – 04/28/2017 Contract Presented to City Board for Approval 05/09/2017 Final Design, Permits, Equipment Ordering, etc. (6-8 week turn time) Project Installation Begins Middle to End of June United City of Yorkville │ Comprehensive Infrastructure Analysis 59 Confidential Information 7 NEXT STEPS A. RFP ESPC LEGAL ADVERTISEMENT Legal Notice The United City of Yorkville is requesting proposals/qualifications from interested and qualified Energy Savings Performance Contractors for the implementation of a Guaranteed Energy Conservation Program utilizing the Local Government Energy Conservation Act ( 50 ILCS 515/1) Performance Contracting Legislation for City facilities. All qualified firms interested in providing the specified contracting services should contact the Public Works Director to obtain the required information package on 02/18/2017. All responses are due by 2 PM on 03/03/2017. For information contact: Eric Dhuse Public Woks Director (630) 553-4370 By Order of The City of Yorkville Advertisement Date – Resolution Date United City of Yorkville │ Comprehensive Infrastructure Analysis 60 Confidential Information United City of Yorkville, Illinois REQUEST FOR PROPOSALS/QUALIFICATIONS OF ENERGY SERVICE PROVIDERS FOR SELF FUNDING ENERGY EFFICIENCY IMPROVEMENTS A. GENERAL BACKGROUND AND PROJECT GOALS Purpose The United City of Yorkville (Owner) is requesting proposals for the identification, design, and implementation of energy efficiency improvements on a self funding performance-contracting basis in accordance with Local Energy Conservation Act ( 50 ILCS 515/1). The purpose for issuing this request is to identify and select a qualified provider, or energy services company, to perform the implementation of an energy savings performance contract. Suppliers shall be able to provide comprehensive design-build construction, building management and energy services, including, but not limited to, the performance of investment grade energy audits, the program design by in-house professional engineers, selection of energy conservation measures, and installation of energy efficient systems, ongoing support and training services, assistance in securing financing for the transaction, and accountability for system performance, measurement and verification, and cost of operations savings. Responses should be technically creative regarding modernization, energy conservation, energy management, maintenance, training, and overall service. Qualified responders must have the below minimum qualifications: 1. Have in-house design/build installation capabilities with three (3) State of Illinois municipal project examples of similar size and scope that were competitively bid. 2. In-house engineering team to design all solutions with registered Professional Engineer (P.E.), Certified Energy Manager (CEM), at least one (1) LEED Accredited Professional, and minimum of four (4) engineers insuring accountability for customer design. 3. In-house dedicated retro-commissioning and service team shall have sufficient service vehicles available to complete the project as provided in the work schedule approved by the City. 4. Utilize in-house employees for project installations in such areas as controls, lighting, mechanical installations, service, retro-commissioning, and audits resulting in greater purchasing power for the customer. 5. Provider must have proof of twenty five (25) years in business showing stability. Overview of Goals and Objectives The Owner expects to achieve the following goals and objectives by entering into a guaranteed energy services contract with the selected provider: 1. Reduce operating costs to reinvest in deferred maintenance areas 2. Improve environmental conditions for employees and visitors to the facilities 3. Improve maintenance and operation of the facilities 4. Provide better working conditions in the identified facilities 5. Preserve capital funds for other requirement Included Facilities The Owner desires to implement the performance based contract at the following locations: 1. City Hall & Police Department 2. Beecher Community Center 3. Parks & Recreation 4. Parks Maintenance 5. Public Works 6. Library 7. Street Lighting 8. Fleet Services Potential respondents must attend the bid preview meeting and facility tour to be eligible to respond to this request. The date for the preview meeting and facility tour is February 8th, 2017 at 9:00 AM at the City Office Building located at 800 Game Farm Road, Yorkville, IL 60560. A research information packet outlining square footage, utility data and related information for each facility will be supplied to interested vendors at this meeting. United City of Yorkville │ Comprehensive Infrastructure Analysis 61 Confidential Information Qualification Process The selection of the qualified respondents will be based on the responses to this request and the ability of the provider to best meet the needs of the Owner. The Owner reserves the right to accept or reject any offeror’s proposal based on its sole determination of its best interests. This request is not an offer to contract. Acceptance of a proposal neither commits the Owner to award a contract to any vendor, even if all requirements stated in this request are met, nor limits our right to negotiate in our best interests. The Owner reserves the right to contract with a vendor for reasons other than lowest price. After selecting an energy service provider, the Owner intends to negotiate a performance based contract agreement with the selected provider. Selection Process and Timing The following process will be used to select the preferred energy services provider. Legal Advertisement Week of 1/30/2017 Preview Meeting 2/08/2017 Site Surveys 2/08/2017 Submission of Proposal 3/03/2017 Selection/Notification to Provider 3/17/2017 Contract Presented to count board for approval 5/09/2017 Contact and Response Deadline In order to be considered, respondents must submit a complete and thorough response to this request. One original and four (4) copies (total of five (5) responses) must be submitted to the Owner at or before 2:00 p.m. CST on 3/03/2017. Responses must be submitted in a sealed envelope and clearly marked “ENERGY SAVINGS PROPOSAL.” To ensure that your response is received before the deadline, either hand deliver or send submittal by registered mail to: City of Yorkville 800 Game Farm Road Yorkville, Illinois, 60560 All submissions become the property of the United City of Yorkville, and will not be returned to the vendor. All costs associated with the submission preparation will be the responsibility of the submitting ESCO and will not be reimbursed by the City. NO EXTENSIONS TO THE ABOVE TIMELINE WILL BE GRANTED OR DISCUSSED. Response Preparation and Completeness An authorized representative of the offeror shall sign responses. All information requested must be submitted and organized using the letter and number format as listed below to assist the Owner in the qualification and evaluation process. Submission of e-mail and/or fax responses will not be considered and will result in elimination of a response otherwise received timely and in accordance with directions. Failure to submit all information as requested may result in the requester requiring immediate submission of the missing information within 24 hours from the requested notification, reducing the score for that component of the response and / or elimination of the respondent from consideration. Emphasis should be placed on completeness and clarity of content. Inclusion of unrelated or unrequested materials that do not address the attached format shall be considered unresponsive. Proposals received after the designated deadline will be returned unopened. Should such proposal(s) be opened inadvertently the Owner reserves the right to retain a copy for the files of the Owner. Confidentiality Upon receipt, the proposals shall become the property of the Owner. Ownership of all data, materials, and documentation originated and pursuant to this request shall be subject to public inspection in accordance with prevailing public access laws. Trade secrets or proprietary information submitted by an offeror must be so identified on each page on which it is found and shall not be subject to public disclosure. The Owner may obtain clarifications from the respondent or its contractors at any time. B. REQUEST FOR PROPOSAL FORMAT AND SPECIFICATIONS Each company must provide an energy conservation report as detailed below. The report must include certification under a registered professional engineer’s seal that the report uses reasonable methods of analysis and estimation. Executive Summary Responses shall include a summary overview of the respondent’s proposal, approach and other pertinent information. The binding authority in the management of the firm must sign the summary overview. United City of Yorkville │ Comprehensive Infrastructure Analysis 62 Confidential Information Company Qualifications and Financial Strength Company Profile / Product Independence 1. Provide information specifying legal business classification, state of incorporation, audited annual report and summary of financial strength. 2. Address the company’s ability to fulfill the financial guarantee terms and duration of the performance based contract. Include a summary of the extent and stability of business operations related to installation services for the last twenty five (25) years. 3. If the firm is a factory owned branch, specify the legal business classification, state of incorporation and where legal contracts will be executed. Specific information about the business unit (the specific branch, division, or office responding to this RFP only), project team and management dedicated to ensuring project performance as well as the ESCO will be evaluated. Inclusion of information or projects performed or developed outside of responding branch or office will not be considered. 4. Indicate whether the response is being submitted on behalf of a parent company (List any division or branch offices to be involved in this project); division (attach separate list if more than one is to be included); subsidiary; or branch office. Include the name, address, city, state, and zip code. 5. Address the firm’s representation or affiliation with the manufacturing or installation of any line of energy related equipment, which may be utilized in this project. Specify what that equipment is and how it may impact the project. 6. Corporate Data - Indicate how many years your firm has been in business under its present business name. Provide the total number of employees of the responding branch only. Please identify the number of personnel or resources that are capable of supporting the project in the responding branch office. Give the name and address of the primary individual responsible for contract negotiation as well as all persons with authority for contract execution. This person should reside in responding branch. Project Team and Experience 1. Provide a project team organizational chart including roles and responsibilities. Include concise resumes of company employees who will work on this project. Include resume(s) of a minimum of one (1) in-house Professional Engineer(s). 2. Include resumes of a minimum of one (1) in-house LEED AP professional and one (1) Certified Energy Manager (CEM). Include copies of certification licenses for each. 3. Briefly describe the relevant experience and qualifications for those team members (no more than 10 individuals) who will be directly responsible for design and implementation of this project. Please include individual resumes as attachments for review. All members should reside in responding branch, Corporate or regional support will not be accepted, please indicate location of each respondent. 4. Provide information on construction management capabilities with resumes. 5. Provide a listing of service and installation capabilities of your firm. 6. Provide a reference list identifying at least three (3) City/municipality projects. This list should include the project name, location, and scope of work and owner reference including contact name and phone number. These references should be by responding branch only. Reference from outside offices or corporate reference will not be accepted. 7. Identify all projects that did not meet the energy guarantee or have resulted in litigation. Providers not listing all outstanding litigation on guaranteed energy savings performance contracts will be rejected without further consideration. Identify the reasons! Insurance and Bonding 1. Include evidence that the firm is able to provide a 100% project value performance bond for its faithful performance of the installation. 2. As an indication of your firm’s financial stability provide you’re firms cost of performance and payment bond per thousand dollars of contract value. 3. Include evidence that the firm is able to provide and maintain for the life of the contract insurance in the amounts of: A. Commercial and general liability in amount not less than $1,000,000 each occurrence. B. Comprehensive automotive liability in amount not less than $1,000,000 each occurrence. C. Workman’s compensation insurance not less than $1,000,000 each occurrence. D. Excess liability not less than $3,000,000. United City of Yorkville │ Comprehensive Infrastructure Analysis 63 Confidential Information 2. Technical Approach, Energy Efficiency and Energy Conservation Measures. 1. Total turnkey project to include: project development, design, implementation, project management, financing, measurement and verification, and training. 2. Responses should include a detailed approach to meeting the goals and objectives for the facilities. Provide a measurement and verification plan in accordance with the international protocol, including the plan for execution identifying responsible parties. Provide an overview of the technical approach that is used to identify, evaluate and recommend energy conservation measures (ECMs). 3. Financial Approach The respondent should describe financial alternatives that will responsibly maximize the net economic benefit and minimize financial risk. A. Financing Sources Provide descriptions of the sources and types and costs of financing available and recommended for use in this program. B. Penalties and Other Costs Indicate any penalties or other costs that will be assessed in the event the decision is made not to proceed with this project at any point prior to mutual approval of a Contract Agreement. C. Savings Describe the basis of cost of operations savings, its execution, and the methods of auditing D. Financial Model 1. Include the procedure for calculation of savings with related cost adjustments. 2. Include the procedure for handling excess savings. 3. Include the procedure for handling project delays and related cost adjustments 4. Services 1. Operation and Maintenance / Partnership Plan – As part of this response provide pricing for three years of preventive maintenance for referenced facilities. Describe how cost effective maintenance strategies for the installed ECMs maximize savings performance. Identify and describe the roles and requirements of maintenance services. 2. Provide the estimated costs of annual reconciliation statements, measurement and verification and any required on-going services. 3. Provide information on your firm’s ability to provide gas, electric and/or other innovative energy services. 5. Ability to Self-Perform / Other Benefits 1. Define what aspects of the proposal could be self-performed by your company. 2. List proposed scope/trade work that would be subcontracted and your plan of utilizing sub-contractors. Other Benefits: Describe any other benefits your firm can bring to the energy services program. Advertisement for Request for Proposals The owner will be receiving responses to this request from companies interested in providing an Energy Savings Program per State of Illinois legislation. Responses will be due by 2:00 P.M. CST on 03/03/2017: City Contact Eric Dhuse Public Works Director Phone: 630.553.4370 All questions concerning this request must be directed to the above contact. Contacting elected officials will result in elimination from consideration as a qualified provider. The Owner reserves the right to accept the proposals/qualifications that, in its opinion, best serves the interest of the Owner.