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Public Works Packet 2017 06-20-17 AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday, June 20, 2017 6:00 p.m. City Hall Conference Room 800 Game Farm Road, Yorkville, IL Citizen Comments: Minutes for Correction/Approval: May 16, 2017 New Business: 1. PW 2017-43 Fox Hill and Sunflower Estates SSA Management RFP Results 2. PW 2017-44 Go-For-It Sports – Grant of Easement 3. PW 2017-45 Raintree Village Units 4, 5 and 6 (Basin Maintenance) 4. PW 2017-46 Blackberry Woods – Completion of Improvements 5. PW 2017-47 Pavillion Road Streambank Stabilization – Engineering Agreement 6. PW 2017-48 Kennedy Road Shared Use Path (ITEP) BNSF License Agreement 7. PW 2017-49 Selection of Committee Liaisons 8. PW 2017-50 Meeting Dates Old Business: 1. PW 2017-38 Road to Better Roads Program – Additional Work 2. PW 2017-51 Other Business Follow-Up from May Public Works Meeting Additional Business: 2017/2018 City Council Goals – Public Works Committee Goal Priority Staff “Municipal Building Needs and Planning” 5 Bart Olson & Eric Dhuse “Vehicle Replacement” 6 Bart Olson & Eric Dhuse “Water Planning” 8 Eric Dhuse & Brad Sanderson “Capital Improvement Plan” 11 Bart Olson & Eric Dhuse “Water Conservation Plan” 15 Eric Dhuse & Brad Sanderson 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, June 20, 2017 6:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. May 16, 2017 □ Approved __________ □ As presented □ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2017-43 Fox Hill and Sunflower Estates SSA Management RFP Results □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2017-44 Go-For-It Sports – Grant of Easement □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2017-45 Raintree Village Units 4, 5 and 6 (Basin Maintenance) □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2017-46 Blackberry Woods – Completion of Improvements □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2017-47 Pavillion Road Streambank Stabilization – Engineering Agreement □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2017-48 Kennedy Road Shared Use Path (ITEP) BNSF License Agreement □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2017-49 Selection of Committee Liaisons □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 8. PW 2017-50 Meeting Dates □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2017-38 Road to Better Roads – Additional Work □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2017-51 Other Business Follow-Up from May Public Works Meeting □ 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 – May 16, 2017 Public Works Committee – June 20, 2017 Majority Committee Approval Minute Taker Name Department Page 1 of 4 DRAFT UNITED CITY OF YORKVILLE PUBLIC WORKS COMMITTEE Tuesday, May 16, 2017, 6:00pm Yorkville City Hall, Conference Room 800 Game Farm Road IN ATTENDANCE: Committee Members Chairman Joel Frieders Alderman Jackie Milschewski Alderman Seaver Tarulis Alderman Ken Koch (arr. 6:10pm) Other City Officials Mayor Gary Golinski Interim Assistant City Administrator Erin Willrett City Administrator Bart Olson Engineer Brad Sanderson, EEI Public Works Director Eric Dhuse Parks & Recreation Director Tim Evans Other Guests: None The meeting was called to order at 6:00pm by Chairman Joel Frieders Citizen Comments: None Previous Meeting Minutes: April 18, 2017 The minutes were approved as presented. New Business: (moved forward on agenda) 7. PW 2017-42 Riverfront Park Playground Update Mr. Olson gave an update on this item. He said the area has been tested twice with contaminants found each time. This makes it unsuitable for a playgound without mitigation, so engineers have been asked to provide a quote for a full excavation/refill. He said there are three options for remediation. 1. Excavation of the site with TIF eligibility of $360,000, this option is recommended 2. Leave the dirt in place, encapsulate and move the playground 3. Take no action and accept future risks (not a viable option) He said the State had discovered contamination in the riverbank when they excavated 10 years ago for the canoe chute. Alderman Frieders supported the first option saying the City must take action since it is an ethics issue and the origins of contamination are unknown. Alderman Tarulis said action needs to be taken, but Page 2 of 4 encapsulation is not a good option. Questions were raised by Alderman Milschewski if it is an isolated area being fed into and if it's coming from commercial buildings. Mr. Olson said the source of contamination is not known, however, it is highest on the east side of the property. There was also a discussion of the safety of capping the area after remediation. Chairman Frieders asked if any grants are available for a cleanup. Mr. Olson said there are grants, however, they are multi-year projects with many requirements. He noted the Brownfield study on the FS property took 4-5 years. Money for cleanup would come from the Parks budget, TIF funds, some deficit spending and inter-fund loans. Mr. Olson said the costs are not eligible for insurance reimbursement. Mr. Olson said it must be decided whether or not to accept Terracon's quote or seek other bids. The insurance company will also have input. This item will go to Park Board for discussion and to the full Council on June 13. The committee was in favor of Option #1. Mr. Evans noted that other projects have been done in other areas of the park with no contamination found. 1. PW 2017-36 Well No. 7 Rehabilitation – Engineering Agreement The cost is $14,000 for design and $14,000 for construction engineering and Mr. Olson said these expenses are covered in the budget. This item moves to the consent agenda. 2. PW 2017-37 Game Farm and Somonauk Improvements – Authorization No. 6 This change order is a result of closing out the project with IDOT. A couple changes were noted including a negative balance of $2,860.07. This moves to the consent agenda. 3. PW 2017-38 Road to Better Roads Program-Additional Work Mr. Sanderson said the bids for the 3 projects were so low that the City has an additional $480,000 to spend on other projects. In talks with D Construction, they have agreed to hold the prices for any additional work. He presented a spreadsheet showing suggested additonal work that could be done includng the high school parking lot, Wing Rd. and patching on Walsh Dr. Alderman Koch objected to just patching and said Walsh needs to be re-done. A Pavilion Road repair is also needed due to creek erosion near the road. Mr. Olson asked for a further explanation on the quality of the road base on Walsh vs. Spring St. and the cost of Pavilion if allowed to deteriorate further. If Pavilion is allowed to deteriorate more than 24 months, the road might have to be closed. As another option, Mr. Sanderson said half of Walsh could be done this year. The committee discussed delaying some of the other projects in order to fix Walsh Dr. Alderman Frieders suggested delaying work on the Old 2nd building, however, Mr. Olson said if the use of the parking lot is desired, work is needed. Mr. Sanderson said he will have a formal proposal from D Construction regarding Walsh Dr. at the next meeting. Repairs for Fox Rd., Elizabeth and State St. were also discussed. Mr. Olson discussed the high school parking lot and said the school would pave the City's half of the rear parking lot in exchange for the City turning over ownership to the school, however, the City does not want to relinquish the lot. The project has begun and payment would be needed immediately for the City's half. 4. PW 2017-39 Sanitary Sewer Flow Monitoring Flow monitoring is recommended on Somonauk St. to check the capacity of the sanitary sewer since it dumps from a 15” to a 12” pipe, said Mr. Sanderson. He said a lift station in Raintree Village will also Page 3 of 4 be checked. Mr. Dhuse said his department has been trying to locate the problem and a pump has also burned out. The committee agreed this should be done and the item will be placed on the consent agenda. 5. PW 2017-40 ADA Transition Plan – Engineering Agreement This is a contract with EEI for an ADA transition plan required by a 1993 federal law now being enforced. The contract is for $34,910 and the money is budgeted. Sidewalks transitioning into streets and pathways will be surveyed and repaired if needed. This item moves to the consent agenda. 6. PW 2017-41 Cedarhurst Back-up SSA Mr. Olson said this is a procedural ordinance to cover detention basins and if Cedarhurst does not maintain their infrastructure, the SSA would cover it. This will move forward to a Public Hearing in the near future. He added that about 12 other subdivisions have no active backup SSA's This matter moves to the Council consent agenda. 8. EDC 2017-31 Small Cell Antennas Ms. Willrett said this is an amendment to the zoning code, previously discussed at EDC and will be heard at the Planning and Zoning Commission. Small cell companies have been requesting to place small cell antennas in the public right-of-way. She said it could take away tax rebates in the future for agreements with ComEd and other utilities. Other municipalities are also reviewing to protect their rights. Two small cell tower applications have been made since last fall, one of which was denied. The language will be revised to read that small antennas can be placed on top of existing antennas or poles. Alderman Koch commented that if wi-fi is desired in the parks etc., the City must ensure it is allowed in the code. This matter will proceed to the Planning and Zoning Commission on June 14. Old Business: 1. PW 2017-32 Traffic Control – Yorkville Intermediate School Mr. Olson said this was a citizen-initiated complaint after a rear-end accident to a bus. He spoke with Mr. Romano of the school district and they are aware of the issues of traffic backing up during student pick-ups. There are crossing guards and signs already in place and the City recommends no further action. Additional Business: Alderman Milschewski discussed these items: A citizen in a nursing home recently received a $949 water bill for her home. Mr. Olson said the City is looking into it and can test the water meter, however, the charges cannot be waived. A resident of Orange St. said lines were pulled down and ComEd later installed a new pole which is leaning and the old pole is still in place. The citizen said there is also gravel all over. Mr. Olson will follow-up on this situation. A sidewalk on Hawthorne is in need of repair and Mr. Dhuse will investigate. The path by Stevens on Rt. 47 is sunken and has a poor patch. Mr. Ratos will ask for a barricade. There is standing water by the grain silo near the riverfront and is foul smelling. Water is also draining from the silo. Page 4 of 4 Striping is needed on Heustis and VanEmmon. The sawmill property is overgrown again, forcing drivers coming into town on Van Emmon to pull far forward for visibility. Mr. Olson said this will be addressed as part of the whole property maintenance issue. Alderman Tarulis discussed these issues: He produced a photo of curbwork needed on Center. The citizen said damage was done to his driveway, however, not all driveways were fixed as a result of the road repaving unless they were heavily damaged. Heartland has requested speed bumps. Speed studies can be done, however, a default speed limit may not be able to be changed. Mr. Olson will contact the citizen requesting. Street lights at Center Parkway and Countryside have not been working for a year. Kendall & Center also have non-operational lights. There was no further business and the meeting was adjourned at 7:51pm. 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: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #1 Tracking Number PW 2017-43 Fox Hill and Sunflower SSA Management Services Contract Public Works Committee – June 20, 2017 N/A Majority Approval Recommendation to award contract to Baum Property Management for Management Services for Fox Hill and Sunflower SSA. Annie Callahan Administration Name Department Summary Recommendation to award contract to Baum Property Management for Management Services of Fox Hill and Sunflower SSA. Background During the February 7, 2017 Public Works Committee meeting it was discussed that staff would like go out for proposals for the use of a professional property management company to administer the mowing and maintenance contract for Fox Hill and Sunflower Subdivisions and provide the necessary oversight to the contractor along with detailed weekly documentation to the City that will ensure a quality product for the residents of these subdivisions. Currently, the City has always performed these duties and absorbed the cost, in time spent, to administer these contracts. The Committee was supportive of staff’s request. The RFP scope includes, a professional property management company to prepare bid packages and manage the bid process for any budgeted work, prepare annual operating budget, day to day interactions with the residents, provide the necessary oversight to the landscape contractor, and send bi-weekly property reports to the city ensuring a quality product for the residents of Sunflower Estates and Fox Hill subdivisions. The proposals were opened on May 26, 2017 at noon with services beginning in July. The City received six bids in total ranging from $5,400.00 to $30,000.00 per year. Baum Property Management was the lowest responsible bidder with $5,400.00 per year. The FY18 budget for these services was $20,000.00. Lowest bid was under budget by $14,600.00 Recommendation Staff recommends awarding a contract to Baum Property Management for management services of Fox Hill and Sunflower Mowing and Maintenance SSA areas. Memorandum To: Public Works Committee From: Annie Callahan, Purchasing Manager CC: Bart Olson, City Administrator Date: June 20, 2017 Subject: Fox Hill and Sunflower SSA Management Services Contract 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 New Business #2 Tracking Number PW 2017-44 Go For It Sports – Grant of Easement Public Works Committee – June 20, 2017 Consideration of Acceptance. Consideration of Easement Acceptance Brad Sanderson Engineering Name Department Attached find one copy of a proposed grant of easement for public utility and drainage purposes at the new Go for It Sports development. The easement is necessary as part of the site development. We recommend accepting the proposed easement. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Kathy Field-Orr, City Attorney Lisa Pickering, Deputy City Clerk Date: May 22, 2017 Subject: Go for It Sports – Grant of Easement GALE N A R O A D R . O . W . 120.0' R . O . W . PART OF L O T 2 0 5 2 BRISTOL B A Y P . U . D . U N I T 8 , DOC. 200 8 0 0 0 2 0 5 6 4 P.I.N.: 02 - 0 9 - 2 0 0 - 0 2 2 PART OF L O T 2 0 5 2 P.I.N.: 02 - 0 9 - 2 0 0 - 0 2 4 PART OF L O T 2 0 5 2 PART OF LOT 2052PART OF L O T 2 0 5 2 SHEETIllinois Professional Design Firm # 184-001322 651 Prairie Pointe Drive, Suite 201, Yorkville, Illinois 60560 t. 630.553.7560 f. 630.553.7646 www.hrgreen.com 1 OF 1 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 New Business #3 Tracking Number PW 2017-45 Raintree Village – Units 4, 5 and 6 Public Works Committee – June 20, 2017 Consideration of Approval. Consideration of Encap proposal Brad Sanderson Engineering Name Department A quote from Encap was received to perform on-going maintenance work at the storm water management basins located with Units 4, 5 and 6. Encap performed initial maintenance work in 2014/2015 as part of the completion of improvements. No work was performed in 2016. Sufficient funds remain in the subdivision completion budget to perform this work. We did not solicit formal bids for this work for the following reasons:  Encap is currently working for the homeowner’s association in maintaining the basins in Units 1, 2 and 3 of the subdivision.  Encap has a familiarity with the basins located in Units 4, 5 and 6.  Encap has performed similar type of work for the City recently. We recommend acceptance of the proposal from Encap, Inc. in the amount of $41,650.00. If you have any questions or require additional information, please let us know. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Lisa Pickering, Deputy City Clerk Date: May 19, 2017 Subject: Raintree Village Units 4, 5 & 6 – Basin Maintenance c/o Brad Sanderson Engineering Enterprises, Inc. #DESCRIPTION OF WORK UNIT # OF UNITS UNIT COST COST 1 Basin F 2017 Herbicide Applications EA 3 $2,300.00 $6,900.00 2 Basin F 2017 Mowings EA 2 $2,225.00 $4,450.00 $11,350.00 3 Basin G 2017 Herbicide Applications EA 3 $3,250.00 $9,750.00 4 Basin G 2017 Mowings EA 2 $2,700.00 $5,400.00 $15,150.00 5 Basin H 2017 Herbicide Applications EA 3 $3,250.00 $9,750.00 6 Basin H 2017 Mowings EA 2 $2,700.00 $5,400.00 $15,150.00 $41,650.00 Payment Agreement RE: 2017 Management- Rain Tree Village Basins F, G and H, Yorkville, Illinois The United City of Yorkville,(hereinafter “Client”)shall be solely liable for the timely payment of all amounts invoiced under this proposal.Invoices will be tendered by ENCAP,Inc.(“ENCAP”)from time to time,but no more frequently than every two weeks,and shall be due and payable upon receipt.If Client objects to all or any portion of an invoice,Client shall nevertheless timely pay the undisputed amount of such invoice and promptly advise ENCAP in writing of the reasons for disputing any amount. Sub-Total Basin F Sub-Total Basin G Sub-Total Basin H TOTAL Client shall pay an additional charge of two (2)percent (or the maximum percentage allowed by law,whichever is lower)of the invoiced amount per month for any payment received by ENCAP more than thirty (30)calendar days from the date of the invoice,excepting any portion of the invoiced amount in dispute and resolved in favor of Client. Payments shall first be applied to accrued interest and then to the unpaid principal amount. Costs include Kendall County Prevailing Wage Rates although nature of the work is 'Maintenance' PROPOSAL NO. 17-0109C March 9, 2017 United City of Yorkville Revised 03.09.2017 800 Game Farm Road Yorkville, Illinois 60560 52 Wheeler Road Sugar Grove, Illinois 60554 P: 630-466-6700 E:bsanderson@eeiweb.com If Client fails to pay invoiced amounts within thirty (30)calendar days of the date of the invoice,ENCAP may at any time,without waiving any other claim against Client and without incurring any liability to Client,suspend or terminate performance under this Agreement as long as any hazardous conditions created by ENCAP’S previously performed services are rendered non-hazardous to Clients employee’s,agents and subcontractors, the general public,and the environment.Termination shall not relieve Client of its obligation to pay amounts incurred up to termination.ENCAP shall be entitled to recover any and all costs of collection associated with recovery of amounts due under this Payment Agreement, including but not limited to reasonable attorney’s fees. Client will indemnify and hold harmless ENCAP and its representatives,agents,employees,and successors and assigns from and against any and all claims,suits,actions,losses,penalties,fines,and damages of any nature whatsoever,and shall pay any reasonable attorney’s fees,expert witnesses fees,and ENCAP fees,and court costs arising or resulting from (1)Client’s breach of this Agreement;or (2)Client’s negligence or intentional misconduct. Client shall accept full responsibility for payment notwithstanding any other agreement with owner or other party, and in no event will any provision in a contract,agreement,or understanding which conditions Client’s payment to ENCAP upon receipt of the payment from any other party relieve Client from responsibility for payment to ENCAP. Jonathan Koepke Date Authorized Representative Date _______________________ ________ ____________________ ________ By: ENCAP, Inc. By: United City of Yorkville Budget 1,109,463.00$ Improvements by City Stop Signs 2,300.00$ See list. 23 each at $100/each (per ED). (Note 2 of signs adjacent but outside limits of Units.) Other Signs 1,600.00$ See 2/25/14 ED E-mail. 16 each @ $100/each. Street Light Installation 225,000.00$ Estimated. 45 each @ $5000/each. Street Light Repairs 7,500.00$ Estimated 236,400.00$ Sub-total - Not completed Improvements Completed by Contract Engineering Design 20,700.00$ Final Construction 76,686.26$ 03 L&E as of 12/29/15; PSA = $82,734.00 Final Construction Cost - Hardin 656,196.81$ Final Encap - Ponds To Date 25,100.00$ Final Landscaping (Tree R & R)51,190.00$ Final 829,873.07$ Sub-total Balance 43,189.93$ As of 5/4/17 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 New Business #4 Tracking Number PW 2017-46 Blackberry Woods – Completion of Improvements Public Works Committee – June 20, 2017 Consideration of Approval. Consideration of Encap proposal Brad Sanderson Engineering Name Department The purpose of this memo is to recommendations for the completion of the improvements within the Blackberry Woods (Phase A) development. Background: The City acquired funds from the developer to complete the outstanding public improvement work items in Phase A. All work is complete, except for the maintenance items related to the storm water management basins and clean-up of the park site. The planned public improvements in the park site have been completed (sidewalk and tree installation). The City currently has approximately $30,000 remaining to complete the work. Questions Presented: Should the City approve the agreement with Encap to perform work on the storm water basins? Discussion: In discussions with the Parks and Rec Department, they have agreed to address the clean-up of the park site. The clean-up basically consists of the removal of dead-wood from the park site. This park is not intended to be an active recreation site for some time. An assessment by Encap and a quote to address the deficiencies in the basins is attached for your information. Basically, the six-foot wide buffer strip around the basins have not been properly established. We are recommending the $16,519.50 option for the Northeast basin and the $15,355.60 option for the West basin for a total of $31,875.10. The work also includes a three-year management of the planted areas for establishment of the native plantings. In order to stay close to the remaining budget, we are not recommending the cattail management at this time. Once the work is completed, we would then be recommending acceptance of the basins. After acceptance the HOA would be required to maintain moving forward. We did not solicit formal bids for this work for the following reasons:  Encap has a familiarity with the basins located in the development.  Encap has performed similar type of work for the City recently.  Encap has been the lowest cost provider of this type of work on recent projects. Action Required: Consideration of approval of the Encap Agreement. 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: June 13, 2017 Subject: Blackberry Woods – Completion of Improvements April 20, 2017 City of Yorkville c/o Brad Sanderson (EEI) 52 Wheeler Road Sugar Grove, Illinois 60554 RE: Blackberry Woods Natural Areas Assessment and Proposal Dear Mr. Sanderson, ENCAP, Inc. has evaluated the two naturalized pond areas in the Blackberry Woods community located along Cannonball Trail and Carly Circle, Yorkville. The pond areas have not been managed in recent years and require restoration to perform intended water quality and habitat functions. The basin slopes within both areas are not established properly, and have been impacted from regular mowing activity. Per the approved plans, an approximate 6 foot wide buffer strip consisting of native grasses and forbs should be established around the perimeter of both basins. This buffer provi des critical ecological functions; namely soil stabilization, water filtration and retention. ENCAP proposes that the existing turf is eliminated from these areas using appropriate herbicide, and subsequently planted with a diverse native seed mix as well as stabilized with temporary erosion control blanket. The buffer areas will then require regular maintenance to deter the development of undesirable species until the native plants are allowed to establish. The establishment period typically takes 3 years, after which management efforts are reduced. The basin shoreline and bottoms currently consist of Cattails (Typha spp.) and small instances of Common Reed (Phragmites australis). Common Reed is an aggressive invasive plant that should be actively managed during the recommended management program. The original plans for the pond areas call for cattail control within the basins. Cattails are a native, yet aggressive species that form dense colonies. The Cattails located within the Blackberry Woods basins are currently performing water quality functions that are desirable, and also providing wildlife habitat. While efforts can be made towards cattail control, effective management is on -going as the seeds are persistent for these species. It is likely that full cattail control will be cost prohibitive in the long-term. It is recommended, however, that outlet areas within the basins be maintained to be kept clear of cattail growth and debris as part of the recommended management program. ENCAP, Inc. has provided a proposal corresponding with the recommendations listed herein (16-0321A, Revised 04.20.17). Should you have any questions regarding this information, or information in the proposal, please do not hesitate to contact me at sdedina@encapinc.net or (815) 748-4500. Sincerely, Samantha DeDina Natural Areas Maintenance Superintendent/Ecologist ENCAP, Inc. Sugar Grove, Illinois 60554 #DESCRIPTION OF WORK UNIT # OF UNITS UNIT COST COST 1 Initial Herbicide Application to Buffer Area (0.25 AC)LS 1 $2,750.00 $2,750.00 2 Native Wet-Mesic Prairie Buffer Seed Installation (0.25 AC)LS 1 $1,200.00 $1,200.00 3 S-150 ECB Installation within Native Seeded Areas SY 1210 $2.95 $3,569.50 4 Annual Management of Planted Areas YEAR 3 $3,000.00 $9,000.00 $16,519.50 1 Herbicide Application to Cattails- Fall LS 1 $2,995.00 $2,995.00 2 Cut and Burn/Remove Treated Cattail Material- Winter LS 1 $2,665.00 $2,665.00 $5,660.00 2 Initial Herbicide Application to Buffer Area (0.20 AC)LS 1 $2,000.00 $2,000.00 3 Native Wet-Mesic Prairie Buffer and Wetland Shelf Seed Installation (0.20 AC)LS 1 $1,500.00 $1,500.00 4 S-150 ECB Installation within Native Seeded Areas SY 968 $2.95 $2,855.60 5 Annual Management of Planted Areas YEAR 3 $3,000.00 $9,000.00 $15,355.60 1 Herbicide Application to Cattails LS 1 $4,015.00 $4,015.00 2 Prescribed Burn of Pond Bottom LS 1 $5,350.00 $5,350.00 RE: Blackberry Woods Stormwater Management Facility, Yorkville, IL Engineering Enterprises, Inc. Northeast Basin West Basin Sub-Total Northeast Basin Sub-Total West Basin PROPOSAL NO. 16-0321A April 20, 2017 The United City of Yorkville P: 630-466-6700 E: bsanderson@eeiweb.com c/o Brad Sanderson 52 Wheeler Road Revised 4.20.17 Optional Cattail Control Sub-Total Optional Cattail Control $9,365.00 $46,900.10 Maintenance includes 3 selective herbicide/spot mowing treatments per year within the planted/seeded areas. Sub-Total TOTAL A $250 charge will be applied for every entity added as "additional insured". Proposal includes prevailing wage rates for Kendall County for all tasks. The United City of Yorkville,(hereinafter “Client”)shall be solely liable for the timely payment of all amounts invoiced under this proposal.Invoices will be tendered by ENCAP,Inc.(“ENCAP”)from time to time,but no more frequently than every two weeks,and shall be due and payable upon receipt.If Client objects to all or any portion of an invoice,Client shall nevertheless timely pay the undisputed amount of such invoice and promptly advise ENCAP in writing of the reasons for disputing any amount. Client shall pay an additional charge of two (2)percent (or the maximum percentage allowed by law, whichever is lower)of the invoiced amount per month for any payment received by ENCAP more than thirty (30)calendar days from the date of the invoice,excepting any portion of the invoiced amount in dispute and resolved in favor of Client.Payments shall first be applied to accrued interest and then to the unpaid principal amount. If Client fails to pay invoiced amounts within thirty (30)calendar days of the date of the invoice,ENCAP may at any time,without waiving any other claim against Client and without incurring any liability to Client,suspend or terminate performance under this Agreement as long as any hazardous conditions created by ENCAP’S previously performed services are rendered non-hazardous to Clients employee’s, agents and subcontractors,the general public,and the environment.Termination shall not relieve Client of its obligation to pay amounts incurred up to termination.ENCAP shall be entitled to recover any and all costs of collection associated with recovery of amounts due under this Payment Agreement,including but not limited to reasonable attorney’s fees. Client will indemnify and hold harmless ENCAP and its representatives,agents,employees,and successors and assigns from and against any and all claims,suits,actions,losses,penalties,fines,and damages of any nature whatsoever, and shall pay any reasonable attorney’s fees, expert witnesses fees, and ENCAP fees,and court costs arising or resulting from (1)Client’s breach of this Agreement;or (2) Client’s negligence or intentional misconduct. Client shall accept full responsibility for payment notwithstanding any other agreement with owner or other party,and in no event will any provision in a contract,agreement,or understanding which conditions Client’s payment to ENCAP upon receipt of the payment from any other party relieve Client from responsibility for payment to ENCAP. Jonathan Koepke Date Authorized Representative Date _______________________ ________ ____________________ ________ By: ENCAP, Inc. By: The United City of Yorkville Payment 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 New Business #5 Tracking Number PW 2017-47 Pavillion Road Streambank Stabilization – Engineering Agreement Public Works Committee – June 20, 2017 N/ A Majority Approval See attached. Bart Olson Administration Name Department Pavillion Road Streambank Stabilization 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 the Pavillion Road Streambank Stabilization project. Engineering will be in accordance with all City, Illinois Department of Transportation, and Illinois Environmental Protection Agency requirements. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non - terminating party or upon completion of the Services. Upon termination the ENGINEER shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to ENGINEER: ENGINEER shall receive as compensation for all work and services to be performed herein, an amount based on the Estimate of Level of Effort and Associated Cost included in Exhibit 3. Design Engineering will be paid for as a Fixed Fee (FF) in the amount of $17,600.00 and Construction Engineering will be paid for Hourly (HR) at the actual rates for services to be performed, currently estimated at $15,700.00. The hourly rates for this project are shown in the attached 2017 Standard Schedule of Charges (Exhibit 5). 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. Pavillion Road Streambank Stabilization 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). Pavillion Road Streambank Stabilization United City of Yorkville Professional Services Agreement Design and Construction Engineering Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Ill inois 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 o f 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 Pavillion Road Streambank Stabilization 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 Pavillion Road Streambank Stabilization 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: 2017 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 __________________, 2017. United City of Yorkville: Engineering Enterprises, Inc.: _________________________________ ________________________________ Gary J. Golinski Brad Sanderson, P.E. Mayor Vice President _________________________________ ________________________________ Lisa Pickering Angie Smith Deputy 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 – Pavillion Road Streambank Stabilization” dated June 13, 2017. 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 5: Standard Schedule of Charges dated January 1, 2017. 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 – Pavillion Road Streambank Stabilization” dated June 13, 2017. 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 $17,600.00 FF as summarized on Exhibit 3: “Estimate of Level of Effort and Associated Cost for Professional Engineering Services for Pavillion Road Streambank Stabilization” dated June 13, 2017. (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 comp ensation 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 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 observation (including the Resident Construction Observer), and any additional consultation services on the basis of Hourly Rates (HR) as described on the attached Exhibit 5: Standard Schedule of Charges dated January 1, 2017. The estimated values are included in Exhibit 3: “Estimate of Level of Effort and Associated Cost for Professional Engineering Services for Pavillion Road Streambank Stabilization” dated June 13, 2017 and are estimated at $15,700.00 Hourly (HR). (a) The compensation for the construction administration, 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 i ts 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 wis hes 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.WORK PRINCIPAL SENIOR SENIOR SENIOR ITEM COST WORK IN PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT CAD PROJECT HOUR PER ITEM CHARGE MANAGER ENGINEER I ENGINEER MANAGER SURVEYOR II TECHNICIAN MANAGER TECHNICIAN I ADMIN.SUMM.ITEM NO.WORK ITEM HOURLY RATE:$191 $168 $145 $133 $168 $155 $121 $168 $133 $80 FINAL ENGINEERING 2.1 Project Management and Administration 1 3 - - - - - - - - 4 695$ 2.2 Project Meetings - 4 - 4 - - - - - - 8 1,204$ 2.3 Topographic Survey - - - 4 6 8 - - - - 18 2,780$ 2.4 Utility Coordination - 1 - 2 - - - - - - 3 434$ 2.5 Final Plans, Specifications and Estimates 1 12 - 20 - - - 6 20 - 59 8,535$ 2.6 Permitting - 4 - 12 - - - - - - 16 2,268$ 2.7 Bidding and Contracting - 2 - 7 - - - - - 5 14 1,667$ Final Engineering Subtotal:2 26 - 49 6 8 - 6 20 5 122 17,583$ CONSTRUCTION ENGINEERING 3.1 Contract Administration 1 19 - 8 - - - - - - 28 4,447$ 3.2 Construction Layout and Record Drawings - 1 - 2 1 4 8 - - - 16 2,190$ 3.3 Observation and Documentation 3 9 - 51 - - - - - 2 65 9,028$ Construction Engineering Subtotal:4 29 - 61 1 4 8 - - 2 109 15,665$ PROJECT TOTAL:6 55 - 110 7 12 8 6 20 7 231 33,248 Printing =250$ 25,016$ Mileage =675$ 4,004$ Material Testing = -$ 3,668$ -$ 560$ DIRECT EXPENSES =925$ 33,248$ 34,173$ \\Milkyway\EEI_Storage\Docs\Public\Yorkville\2017\YO1722-P Pavillion Road Streambank Stabilization\PSA\[Exhibit 3 - Level of Effort.xlsx]Fee Summary June 13, 2017 ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST FOR PROFESSIONAL ENGINEERING SERVICES FOR EXHIBIT 3 PAVILLION ROAD STREAMBANK STABILIZATION United City of Yorkville, IL PROJECT ROLE: Surveying Expenses = Drafting Expenses = Administrative Expenses = TOTAL LABOR EXPENSES = TOTAL EXPENSES = ENGINEERING SURVEYING DRAFTING Engineering Expenses = DIRECT EXPENSES LABOR SUMMARY Environmental Assessment = WORK Year: ITEM Month: NO.WORK ITEM Week Starting:3 10 17 24 31 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 4 11 18 25 1 8 15 22 29 5 12 19 26 5 12 19 26 FINAL DESIGN ENGINEERING 2.1 Project Management and Administration 2.2 Project Meetings 2.3 Final Plans, Specifications and Estimates 2.4 Permitting 2.4 Bidding and Contracting CONSTRUCTION ENGINEERING 3.1 Contract Administration 3.2 Construction Record Drawings 3.3 Observation and Documentation Project Management & QC/QA Meeting(s) Design Permitting Bidding and Contracting Construction Legend NovemberAugust 20182017 July September October TBD EXHIBIT 4 ANTICIPATED PROJECT SCHEDULE PAVILLION ROAD STREAMBANK STABILIZATION UNITED CITY OF YORKVILLE, KENDALL COUNTY, IL June 13, 2017 December January February March FoxP a v illio n Engineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700EXHIBIT 6LOCATION MAPwww.eeiweb.comDATE:PROJECT NO.:FILE:PATH:BY:JUNE 2017YO1722YO1722_EXHIBIT 6 Location.MXDH:\GIS\PUBLIC\YORKVILLE\2017\MJTUnited City of Yorkville800 Game Farm RoadYorkville, IL 60560630-553-4350³UNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOISLegendProposed Streambank Stabilization 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 New Business #6 Tracking Number PW 2017-48 Kennedy Road Shared-Use-Path - ITEP Public Works Committee – June 20, 2017 Consideration of Approval Consideration of BNSF License Agreement Brad Sanderson Engineering Name Department The purpose of this memo is to present the BNSF License Agreement for Bicycle Path/Pedestrian Walkway. Background: The City has identified the need for a multi-use path on the east side of Kennedy Road which will link the multi-use path along Rt 47 and Steven G. Bridge Park. The construction of the path will connect the Kennedy Road path with other regional trails throughout the Fox Valley and beyond. Within the limits of the proposed Kennedy Road multi-use path is a railroad crossing at the tracks belonging to BNSF. BNSF is requiring a license agreement for the use of the path crossing at the railroad. Questions Presented: Should the City approve the license agreement with BNSF? Discussion: The contract fee is $3,700 for the license and in addition the insurance requirements must be met. The City Attorney has reviewed the agreement and has found it to be acceptable. We are recommending that the City consider approving the agreement to continue moving forward with the project. Action Required: Consideration of approval of the BNSF license agreement. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Erin Willrett, Assistant City Administrator Lisa Pickering, Deputy City Clerk Date: June 14, 2017 Subject: Kennedy Road Shared-Use Path (ITEP) – BNSF 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 New Business #7 Tracking Number PW 2017-49 Selection of Committee Liaisons Public Works Committee – June 20, 2017 Selection of liaisons to the Park Board and Yorkville-Bristol Sanitary District. Bart Olson Administration Name Department Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/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 New Business #8 Tracking Number PW 2017-50 2017 Meeting Dates Public Works Committee – June 20, 2017 Review of the remainder of 2017 meeting dates for the Public Works Committee. Bart Olson Administration Name Department Page 1 of 2 2017 MEETING SCHEDULE This meeting schedule is subject to revision. Upon revision, all entities that have lodged a request for the meeting schedule will be sent the updated/revised schedule. Revised: 3/30/17 City Council Meeting 2nd & 4th Tuesday – 7:00 pm at City Hall January 10 & 24 July 11 & 25 February 14 & 28 August 8 & 22 March 14 & 28 September 12 & 26 April 11 & 25 October 10 & 24 May 9 & 23 November 14 & 28 June 13 & 27 December 12 Administration Committee 3rd Wednesday – 6:00 pm at City Hall January 18 July 19 February 15 August 16 March 15 September 20 April 19 October 18 May 17 November 15 June 21 December 20 Economic Development Committee 1st Tuesday – 6:00 pm at City Hall January 3 July 5* (Wednesday, due to July 4th holiday) February 7 August 1 March 7 September 5 April 5* (Wednesday, due to election day) October 3 May 2 November 7 June 6 December 5 Public Safety Committee Quarterly - 1st Thursday – 6:00 pm at City Hall January 5 July 6 April 6 October 5 United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us Page 2 of 2 Public Works Committee 3rd Tuesday – 6:00 pm at City Hall January 17 July 18 February 21 August 15 March 21 September 19 April 18 October 17 May 16 November 21 June 20 December 19 Fire and Police Commission Quarterly, 4th Wednesday - 6:00 pm at City Hall January 25 July 26 April 26 October 25 Library Board Meeting 2nd Monday - 7:00 pm at Library January 9 July 10 February 13 August 14 March 13 September 11 April 10 October 9 May 8 November 13 June 12 December 11 Park Board 2nd Thursday – 6:30 pm at Parks Maintenance Bldg – 185 Wolf Street January 12 July 13 February 9 August 10 March 9 September 14 April 13 October 12 May 11 November 9 June 8 December 14 Planning and Zoning Commission 2nd Wednesday - 7:00 pm at City Hall January 11 July 12 February 8 August 9 March 8 September 13 April 12 October 11 May 10 November 8 June 14 December 13 Police Pension Fund Board Quarterly, 2nd Tuesday - 5:00 p.m. at Police Dept. February 14 August 8 May 23* (4th Tuesday) November 14 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 Old Business #1 Tracking Number PW 2017-38 2017 Road to Better Roads Program – Additional Work Public Works Committee – June 20, 2017 Consideration of Approval Review of D Construction Proposal Brad Sanderson Engineering Name Department The purpose of this memo is to present a plan for additional work for the above referenced project. Background: The United City of Yorkville and D Construction, Co. recently entered into an agreement for a contract value of $607,981.72 for the above referenced project. The City has seen substantial savings in the road/street projects that it has let thus far in 2017. As a result, the City has an additional $482,000 +/- available to spend as summarized in the attached spreadsheet. As directed by the Committee, we obtained a quote from D Construction to perform additional street work. The proposed additional work is summarized as follows: o Walsh Drive (Greenbrier to W. Barberry Circle) o Spring Street (Quinsey to McHugh) o High School Parking Lot (City Portion) o Fox Road (Patching) o White Oak Way (Patching) o Town Square Park The following areas were also included in the quote from D and are being funded separately: o Main Street Parking Lot o Parks and Rec Admin Building o Old Second Bank Parking Lot As a reminder, that due to the fact the existing contract between the City and D Construction utilizes MFT funds, we are unable to add additional streets via change order to the original contract. Questions Presented: Should the City approve the additional street work and quote from D Construction? Discussion: D Construction, Co. has held their prices from the originally bid project work. There was only one new pay item that is necessary to construct the new work. The unit price for the new item is reasonable. Action Required: Consideration of approval for additional RTBR work with D Construction. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Erin Willrett, Assistant City Administrator Lisa Pickering, Deputy City Clerk Date: June 13, 2017 Subject: 2017 Roads to Better Roads Program – Additional Work RTBR Potential Projects FY18 RTBR Budget 700,000.00$ Walsh Drive (Greenbrier to W. Barberry Circle)186,000.00$ Full Mill & Overlay FY 18 Construction Engineering and Testing 50,000.00$ Spring Street (Quinsey to McHugh)91,500.00$ Full Mill & Overlay FY 19 RTBR Design Engineering 35,000.00$ High School Parking Lot Portion 51,000.00$ Full Mill & Overlay FY 18 Construction Budget 615,000.00$ Fox Road 28,000.00$ Full Mill & Overlay Current Estimate based on Bid w/o TIF Projects 547,835.88$ White Oak Way 19,000.00$ Full Mill & Overlay 67,164.12$ AMOUNT UNDER BUDGET Town Square Parking 4,000.00$ Overlay Total Bid - Entire Project 607,981.72$ Pavillion Road Streambank Stabilization 50,000.00$ Design / Construction ($50k - FY18 and $75k FY19) Total Bid - TIF Areas Only 60,145.84$ Additional Design/Construction Engineering 20,000.00$ Center/Countryside Resurfacing Contingency 33,000.00$ FY18 Center/Countryside Budget 522,000.00$ 482,500.00$ Sub-total FY 18 Construction Engineering and Testing 40,000.00$ FY18 Center/Countryside Construction Budget 482,000.00$ Current Estimate based on Bid 239,317.00$ 242,683.00$ AMOUNT UNDER BUDGET Kennedy Resurfacing FY18 Kennedy Budget (Net)601,500.00$ FY 18 Construction Engineering and Testing 40,300.00$ FY18 Kennedy Construction Budget 561,200.00$ Current Estimate based on Bid 388,437.00$ 172,763.00$ AMOUNT UNDER BUDGET 482,610.12$ TOTAL AMOUNT UNDER BUDGET TIF Project Summary East Alley Parking Lot 35,000.00$ Full Mill & Overlay (Included in base RTBR Contract) Riverfront Park Parking Lot 25,000.00$ Full Mill & Overlay (Included in base RTBR Contract) Main Street Parking 4,500.00$ Overlay Old Second Bank Parking Lot 57,500.00$ Full Mill & Overlay Parks and Rec Admin Parking Lot 13,000.00$ Overlay Sub-total 135,000.00$ ()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()()-)-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-( ) - ( ) -()-()-()-()-( ) - ( ) - ( ) - ( ) - ()- ()- ()- ()-()-()-()-)-()-()-()-()-()-( ) - ( ) - ()-( ) -()-()-()- ()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()- ()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()()-)-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-( ) - ( ) -()-()-()-()-( ) - ( ) - ( ) - ( ) - ()- ()- ()- ()-()-()-()-)-()-()-()-()-()-( ) - ( ) - ()-( ) -()-()-()- ()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-Madison StMadison CtFoxBridgeSpringMainMillPopl a rVan EmmonParkSchoolhouseSomonaukTuma CenterBenjamin OrangeStateTeriDeerMapleMcHughElmKingFo r dOmahaLibertyKellyBarberryHeustisWashingtonWackerJackson Wi n gBruell FreemontBeaverGreen BriarQuinseyMorganChurchAdrianKateGraceBristolColonialMadisonColtonIdentaWhite OakBlaineFoxboroRiverside WolfCrooked CreekWindhamFox GlenElizabethBadgerAcorn GardenBirchwoodNorwayT a u s Game FarmAdamsJam estownGawneDeerpath Re d h o r s eClearwater WindsorRidgeIlliniWooden BridgeOlsenYorkvilleWestWalterOakMartinWood Sage BirchWoodworthDolphWorsleyRiver BirchHydraulicWoodlandAuburnPineFirSandersOakwoodCentralTowerDydynaRedwoodBehrensStony CreekMarieCor nerstone Spruce WestwindCedarCor al ber r yBellOxford HickoryJohnson BatorTomasikVictoriaBluej ay BeecherAppletreeRodakAaronBuckthornflerJeffersonT y le r C r e e kSharon BuhrmasterTrilliumHawthorneSpicebushMansf i el dWooddale MapleStateRidgeMainDolphMainSchoolhouseFox GlenMorganFoxMainHydraulicLegendROAD RESURFACEEXTRA WORK ROAD RESURFACE PARKING LOT RESURFACEPARKING LOT SEAL COATEXTRA WORK PARKING LOT RESURFACE2017 RTBRROAD / PARKING LOT RESURFACE AND SEAL COAT - BASE BIDDATE:PROJECT NO.:FILE:BY:JUNE 2017YO1616YO1616 PAVING 2017.MXDMJTLOCATION MAPUNITED CITY OF YORKVILLE, ILLINOISEngineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700www.eeiweb.comPATH:H:\GIS\PUBLIC\YORKVILLE\2016\YO1616United City of Yorkville800 Game Farm RoadYorkville, IL 60560NORTH°()-()-()-()-()-()-()-()-()-()-()-(( ) -()-()-( ) - ( ) -()-()-()-FoxP a v i l l i o n ()-()-()-()-()-()-()-()-()-()-()-()-GalenaKennedyMill MillMainHydraulicStateMainBridgeChurch 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 Old Business #2 Tracking Number PW 2017-51 Other Business Follow-Up Public Works Committee – June 20, 2017 None – Informational Item. See attached memo. Erin Willrett Administration Name Department Summary Review of other business that was brought up at the May 16, 2017 Public Works Committee meeting. Background During the May 16, 2017 Public Works Committee meeting several items were discussed under “Other Business”. Below is an update of those items.  109/111 E Orange St Utility Pole and Line – Staff followed up with ComEd, Comcast and AT&T. All lines are off the old utility pole, except for AT&T lines. AT&T is scheduled to be out at the site on June 16th to begin the transfer of lines and removal and restoration of the old pole.  Uneven Sidewalk on Van Emmon – The uneven sidewalk has been removed, replaced with new sidewalk, and landscaped as of June 9th.  Asphalt Multi-Use Path near the Merlin store – Staff contacted Nicor who did the original patch. Nicor advised staff that the permanent repair will be completed the week of June 12th.  Standing water at silos near railroad in the downtown – Staff followed up with the Omnitrax (IR Rail line) railroad. They are looking at their budget to see if they can provide a drain in this location. On May 22nd, staff created a swale from the elevator directly into the storm drain. This will direct the flow directly into the storm drain and not allow water to get into the parking lot. Staff also put sandbags around the storm sewer inlet. If this stays dry, staff will make a permanent repair to ensure that water does not get into the parking lot from Mill Street or the grain elevator. With the dry weather, staff has not been able to make a determination if this will absolve the issue.  Stop sign at Heustis and Van Emmon – High reflectivity tape was placed on the stop bars on the roadway on Friday May 19th.  Speed bumps in Heartland Circle – Bart followed up with an email to the concerned resident on June 1st after receiving staff input. Unfortunately, the City has not installed speed bumps or speed tables anywhere in the City. There are a number of issues related to traffic safety, traffic flow, cost to install and maintain that have not made speed bumps a part of our street inventory in Yorkville. He recommended that if the resident saw anyone speeding to call the non- emergency police line right away.  Street lights at Countryside and Center Parkway – Staff checked on the street lights and found that the E. Kendall Street light is working. Countryside Parkway and Center Parkway street lights are on the punch list to be repaired as part of the Countryside watermain and road replacement project. Staff has not received a schedule on when they will be repaired. We will keep the committee informed when there is a tentative date. Recommendation Informational item only. Memorandum To: Public Works Committee From: Erin Willrett, Assistant City Administrator CC: Date: June 13, 2017 Subject: Other Business Follow-Up