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Public Works Packet 2005 11-07-05
.ctD co.), oUnited City of Yorkville 800 Game Farm Road EST.14 ° 1836 Yorkville, Illinois 60560 t it Telephone: 630-553-4350 h `�o Fax: 630-553-7575 <tE `.v PUBLIC WORKS COMMITTEE MEETING AGENDA Monday, November 7, 2005 7:00 PM City Hall Conference Room Approval/Correction of Minutes: August 22, 2005, September 26, 2005 and October 3, 2005 Presentations: None New Business: 1. Maintenance Worker I—November Hire 2. Cannonball Hill Subdivision—Final Acceptance 3. 2005 In-Town Drainage Program— Storm Sewer Easement 4. Route 47 and Fox Road Intersection—EEI Proposal to Prepare Intersection Design Study 5. Autumn Creek Easements 6. FPA Expansion—Northwest Service Area 7. FPA Expansion—Fagenal Development 8. FPA Expansion—KB Homes Development—Konicek &Hageman Properties 9. FPA Expansion—Montalbano Development—Lee Farm 10. FPA Expansion—Marker Development—Heartland Crossing 11. FPA Expansion—Wiseman-Hughes Development—Windett Ridge Unit 3 12. FPA Expansion—Hudson Lakes Development 13. FPA Expansion—MPI South Development 14. FPA Expansion— Schramm Property 15. Public Works Space Needs 16. Heartland Circle Construction Traffic 17. 2005 Concrete Roadway Pavement Striping—Change Order#1 18. Cannonball Estates Unit 2—Letter of Credit Reduction#5 19. Prestwick of Yorkville—Earthwork Letter of Credit Reduction#1 20. River's Edge Phase 1 —Letter of Credit Reduction#4 Page 2 Public Works Committee November 7,2005 New Business (con't) 21. River's Edge Phase 1 —Acceptance of Public Improvements 22. Provena Dreyer Medical Center—Acceptance of Watermain and Sanitary Sewer Old Business: 1. Gawne Lane Improvements—Engineering Agreement 2. Updated Capital Improvement Program—PW 7/25/05 3. Fox Hill Unit 3 —Additional Parking—PW 9/26/095 and PKBD 10/10/05 4. Tree Canopy Protection Ordinance—Part One - PW 10/3/05, 9/26/05, 8/22/05, 7/25/05, 6/27/05, 5/23/05 &4/25/05 Additional Business: DRAFT Page 1 of 5 UNITED CITY OF YORKVILLE PUBLIC WORKS COMMITTEE MEETING MONDAY,AUGUST 22, 2005 7:30 P.M. City Hall Conference Room PRESENT: Mayor Art Prochaska Kay Hatcher,Kendall County Alderman Joe Besco, Chairman Jeff Werli, Kendall County Alderman Marty Munns (left at 8:55)Josh Haffenrichter, Kendall County Alderman Dean Wolfer John Church, Kendall County Alderman Paul James (left at 8:55) Jeff Wilkins,Kendall County Alderwoman Wanda Ohare Bill Wyhas, Kendall County Public Works Director Eric Dhuse Lyle R. Rocfe, Kendall County Record City Engineer Joe Wywrot John B. Kuney III, Architect Patti Bernhard, DBCD Jeff Freeman, EEI Clayton Marker, Marker, Inc. John Whitehouse, EEI Gary Neyer, Marker, Inc. The meeting was called to order at 7:30 pm. by Chairman Joe Besco. ApprovaUCorrection of Minutes: June 27, 2005 and July 25, 2005 —The minutes were approved. Presentations: None. New Business 1. Route 47 Widening—Jefferson Street Discussion with Kendall County Facilities Management Committee a. Schoppe Design Associates Proposal for Planning and Design Services—This is part of the IDOT Rt. 47 widening project. IDOT wants to remove the retaining wall on Rt. 47 between Fox Rd. and Van Emmon, to purchase the 2 homes on top of the hill, and wishes Jefferson Street be vacated so the slope can be redone. Since the county does not want to vacate Jefferson Street, another design must be looked at. IDOT does not want to do all this work by themselves, they are looking at the city and county to help with the design. The proposed planning and design service is for $18,500. The city and the county will split the cost for this service, and split the cost of the project. Jeff Werli would like to see what the cost of the project IDOT would be willing to do, and have them pay that much, and the city and county would split the difference of the cost. Jeff Werli would like Schoppe should do an independent estimate of what the project was going to cost the state, not just the cost of the project that will be done in the end. Page 2 of 5 The city and the county will be willing to take over this part of the project if the state would pay for what they would have spent anyway, also they would be asked to offset the maintenance cost. IDOT is comfortable having Schoppe do the design of the project, and submit the design to IDOT, IDOT would do the construction, and maintenance would be negotiated. IDOT has positioned themselves to dedicate the slope to the city or the county and have the city or the county do the maintenance, but it is not decided if the city or the county wants to do that. There are some utilities to take into consideration. There is a 1 inch copper watermain. Both the city and the county must approve the proposal for the planning and design service. The city and the county would each have their own agreement with Schoppe which would be the same agreement. A sound barrier is wanted, and several smaller retaining walls would create a sound barrier. Mike Schoppe will be asked if he will expand the scope of service to include an estimate of what IDOT's basic construction cost would be, or if this is already included in the proposal. This will move on to COW on September 20th 2. In Town Road Program Update—Discussion on Curbs—There has been some concern from residents why there has not been a curb and gutter installed along the roads being improved with the In-Town Road Program. John Kuney, a resident on Colton St., was here for this reason. There was some discussion and to widen the roads to allow for the curb and gutter would make it necessary to cut down some trees. Also the cost for doing this on E. Main, E. Center, W. Center, Colton, and Liberty would be approximately and additional $1,000,000 for just these roads, there are also roads that will be done on the South side of the river. It was thought the city would like to spend the money to get as many roads and storm sewers up to a certain standard as they could before they worried about the aesthetics of the roads. If this were to be added to the project now, the roads would have to be re-engineered, re-sloped, and the roads that have already been completed would have to be redone, and the roads would not be completed before winter. Mayor Prochaska said that at one time there was a Grant available to redo the storm sewers. The grant was based on income and would be based on 75% compliance. The residents were given a survey and when the survey was completed, 25% compliance was not even met. A flat curb or concrete gutter could be installed and would not require regrading to the road,but it still costs extra money with the only benefit being aesthetic. It is not in this contract. This curb would go no deeper than the aggregate shoulders do. This could be looked at down the road. As time goes on and some of the trees die, it could be requested that new trees would be planted further back so the road could be widened without cutting down trees. The narrower right of ways would not leave much of a parkway once the street is widened. This will come back for review at a later date. 3. EEI Consulting Agreement for Fox Road Regional Storm water Study—This came up due to the flooding in Fox Lawn and Fox Glen. This would be a storm water management study for the tributary to Fox Rd. and downstream to the Fox River roughly from Eldamain to Rt. 47. The proposal is for an estimated cost of$33,800 which would be paid for by the developers in this area. It is better to do this study now, while the area is mostly undeveloped, and release rates can be modified if it is found that this is necessary. This will move on to COW. Page 3 of 5 4. Final Acceptance of Street lights in Heartland Circle—Developer's Request—A letter was submitted in March to accept the underground utilities and streetlights in Heartland Circle. The punch list was created for the underground utilities, but the streetlights were overlooked. A bum test was conducted for the streetlights, and the results will be in before the next COW. If there are any punch list issues, they will also be resolved. This will move on to COW. 5. Final Acceptance of all Public Improvements for Heartland Subdivision— Developer's Request—There is an outstanding punch list for this. The developer is concerned that every time the punch list is completed, there are new items added that they were not aware of. They would like to see a full punch list. They are also concerned that this has been going on for so long that the improvements will never be accepted. The developer needs to have a meeting with Joe Wywrot to clear up these issues that Joe Wywrot says still need to be done, and the developer says have already been completed. This will come back to Public Works in September. 6. Public Works Committee—Change of Meeting Date—This was brought up because there is such a long time between the Public Works meetings and the COW meeting Public Works issues are talked about, on average, 4 weeks. There was discussion about the best day to change it to, and the new date will be the first Monday of the month, starting in October. 7. 129 Commercial Drive—Sidewalk Agreement—The delay of the sidewalk will be until the walk is constructed on the adjacent property, when the property is sold, or when the city requests the walk to be constructed. This will move on to COW. Old Business 3. Fox Hill Unit 3—Additional Parking—The Homeowners Association is willing to deed the parking lot near the Park to the city if the city will construct the same number of parking spaces in the housing area. The new spaces would go into existing parking areas. There was discussion about where the money would come from. Since it is a public park that anyone can use, it was thought that land cash can be used, even if the land cash for that particular area has already been spent. John Wyeth will be contacted to see if this is true, Laura Brown will be contacted to see if there is any land cash available, and if not, Tracy Pleckham will be contacted to see where the money could come from. This will come back to Public Works in September. Additional Business Alderman Wolfer brought up the resident's request for a stop sign study in Sunflower Estates at Walsh Circle and Walsh Dr. For now Yield signs can be put in. The study done at Greenbriar and Walsh did not warrant a stop sign,but possibly because of sight distance, this intersection could be different. New Business 8. Cannonball Run Plaza—Sidewalk Agreement—This will move on to COW. 9. XPAC Sidewalk Agreement—This will move on to COW. Page 4 of 5 10. State Street Water main—IDOT Highway Permit—This is the permit application and resolution for abandoning the water main on Rt. 47 between Newlyweds Rd. and Colonial Parkway. This will move on to COW. 11. Sale of Public Works' Vehicles and Equipment—The results of the bidding will move on to COW. 12. Sod Permits—This is to allow new homes to have a chance to get a new lawn before winter. There will be 60 permits that will allow people to sod and water their lawn available on September 1st. There will be 60 more available on September 11th and on September 21St or 22nd it is hoped everyone will be able to water their lawns from 9:00 pm to 12:00 midnight with the even/odd schedule. The permits will be available on a first come, first serve basis with a maximum of 15 permits awarded to any one entity. This will move on to City Council tomorrow night. 13. Emergency Vehicle Pre-Emption Equipment—This is being required of new development to be put on new lights. The city would fund installation and maintenance of the Opticom emergency vehicle pre-emption equipment. This will be established as policy, and the developers have been willing to pay for this. Currently the Fire Protection district is utilizing this equipment, but the Police Department does not want to use it at this time. The IDOT project has 14 of these in the plans; there are approximately 20 in Yorkville. The county currently has 1 in place, and did not charge BKFD for it. This will move on to COW. There was a question about whether or not it would lower the city's insurance premium. Bill Dettmer will be asked if this will make a difference. 14. Cannonball Estates Phase 1 —Letter of Credit Reduction#5—The letter of credit will be reduced to 15%, which is as low as it can go prior to final acceptance. This will move on to COW. 15. Cannonball Estates Phase 2 Letter of Credit Reduction #4—This is also to be reduced to 15%. This will move on to COW. 16. Raintree Village Unit 5—Earthwork Letter of Credit Reduction #1 —This will move on to COW. 17. Menards Commercial Commons—Final Acceptance of Landscaping—The only things on the punch list are the landscaping of the parkway in front of Club 47, and there are some dead trees in front of Kennedy Road. These will be handled as warranty items. This will move on to COW. Old Business 1. Tree Canopy Protection Ordinance—There are some good issues in this document, and some the city does not want to use. A markup will be done and brought back to Public Works in September. 2. Policy to Allow Staff to Approve Letter of Credit Reductions and Accept Public Improvements for Small Developments. - There were some changes the staff recommended. The amount should be raised to $750,000. As an example, the letter of credit reduction for Castle Bank was over$600,000, and there was not a lot of work done on that project. Also, on page 2,paragraphs c and d, the City Administrator should be eliminated. This will move on to COW with the revisions. Page 5 of 5 Additional Business Alderwoman Burd asked Joe Wywrot to bring up a concern a resident at E. Main St. and Colton St. had about the changes in the parkway. Joe Wywrot will contact the resident about this matter. Mayor Prochaska asked if there should be some sort of policy made for the parkway medians. He suggested contacting Harold Oliver about the medians in Countryside,but Eric Dhuse stated the city owns those medians. Mayor Prochaska also said if someone was going to shut down a road in town, he would like someone inspect the detour sign to make sure they are accurate, and visible from both directions. The meeting was adjourned at 9:35 P.M. Minutes submitted by Laura Leppert DRAFT Page 1 of 3 UNITED CITY OF YORKVILLE PUBLIC WORKS COMMITTEE MEETING MONDAY, SEPTEMBER 26, 2005 7:00 P.M. City Hall Conference Room PRESENT: Alderman Joe Besco, Chairman David Meek, Quarles & Brady Alderman Dean Wolfer Marvin DeLahr, Fox Hill Subdivision Alderwoman Wanda Ohare Patti Bernhard, Heartland Public Works Director Eric Dhuse Clayton Marker, Marker, Inc. City Engineer Joe Wywrot The meeting was called to order at 7:03 pm. by Chairman Joe Besco. ApprovaUCorrection of Minutes: August 22, 2005 —this was tabled until October. Presentations: None. Old Business 2. Tree Canopy Protection Ordinance—this was tabled until October. 1. Fox Hill Unit 3 Additional Parking—This will move on to the Park Board on in October. The estimate for everything was 30,000. The Home Owner's Association will deed over the 5 spots near the park if the city will build 5 more somewhere else in the subdivision. This will come back in November. Additional Business Final acceptance of all Public Improvements for Heartland Subdivision will come to Public Works October 31.a New Business 11. Fox Hill Unit 7—Letter of Credit Reduction #2 - There are 2 letters of credit for Unit 7. Joe Wywrot recommends reducing the supplemental letter of credit by about $285,000.00 and the letter of credit for the earthwork be reduced by about $3,420. This will bring the letters of credit to 15% of the approved engineer's estimate. This will move on the COW on September 18th. 9. Fox Hill Unit 7—Water and Sanitary Recapture Agreement—A meeting will be set up between Mr. Meek and City Attorney John Wyeth. This will come to a future Public Works meetin . 1. Status of October 3` Public Works Meeting—This meeting will be held to work on the Tree Canopy Protection Ordinance. Atc i xt' Page 2 of 3 2. Water Department Report for July 2005—The water pumpage for July is 10,928,000 gallons less than June. The Watering Ban has been lifted as of September 12th and now watering is allowed at night on the odd/even days schedule. This will be publicized in the paper and possibly on the radio. 3. Gawne Lane Water main—The city must construct a roadway along the south side of the lift station and a water main along Gawne Lane that would connect to Bruell and E. Main. A proposal will be obtained from Walter E. Deuchler Associates for the design and construction of the street and water main for the November Public Works meeting. 4. River's Edge Unit 1 —Letter of Credit Expiration—This will move on to COW on October 1.8tn. 5. 2005 Joint& Crack Filling—Change Order#1 —This was part of a MFT project that was completed about 2 weeks ago. A MFT resolution was passed earlier in the year for $31,000 and the bids came in lower than that so there were more streets added to the project. This will move on to COW on October 18th 6. Sidewalk Replacement— 108 W.Ridge Street—$2,500 was set aside for residents who wanted to replace their sidewalk. Budgeted amounts less than $1,000 staff are allowed to sign for. This is a budgeted amount for$570.24. This will be on the bill list. 7. Rob Roy Creek Interceptor (Contract 3)—Change Order#1 —This is a$0 change order with a time extension. The PVC pipe of this size is not in at the store yet. This will move on to COW on October 18th 8. Shallow Well Siting Program—4 areas were tested around town. 2 were dry and 2 were good. EEI has suggested performing another round of testing. The cost for the next round of tests would be between $15,000 and $20,000. City Finance Director Tracy Pleckham will be contacted to see if there are any funds for this. The residents will be contacted about the possible municipal water source. This will move on to COW on October 18th 10. Castle Bank—Letter of Credit Nos. 606 & 607 Reduction No. 1 —Joe Wywrot recommends releasing the site development permit bond and the letter of credit for the remainder f the site work be reduced to $77,672.05. This will move on to COW on October 18th 12. Kylyn's Ridge Unit 1 —Old Second Bank LOC No. 15367—Letter of Credit Reduction#4—The amount of the reduction would be $244,577.31 and the remaining letter of credit would be $210,191.64. This will move on to COW on October 18th 13. Kylyn's Ridge Unit 2—Old Second Bank LOC No. 15540—Letter of Credit Reduction#3—The amount of the reduction would be $81,676.68. The remaining letter of credit would be $162,030.97. This will move on to COW on October 18th Page 3 of 3 Additional Business The dates that have been set for the hydrant flushing and leaf pickup will be in the newsletter and the newspaper. Alderman Wolfer said Thank you to the Public Works department for not having fresh oil put down before the block party in his neighborhood. Joe Wywrot pointed out that it would now be put down for Homecoming. Mayor Prochaska gave Eric Dhuse information about some training courses. Eric Dhuse is going to this training. It is 1 week a year for 3 years and will earn 9 masters degree level college credit hours. Mayor Prochaska also has information about a Northeast Illinois Public Safety Training Academy and information about a machine that grinds up the old street. The meeting was adjourned at 7:55 P.M. Minutes submitted by Laura Leppert DRAFT Page 1 of 2 UNITED CITY OF YORKVILLE PUBLIC WORKS COMMITTEE MEETING MONDAY, OCTOBER 3, 2005 7:00 P.M. City Hall Conference Room PRESENT: Alderman Joe Besco, Chairman Patti Bernhard, DBCW Alderman Paul James Ferrilee Kelly City Engineer Joe Wywrot The meeting was called to order at 7:00 pm. by Chairman Joe Besco. Approval/Correction of Minutes: August 22, 2005 —This was tabled until November. Presentations: None. New Business 1. Acceptance of Heartland in Yorkville—This will go on to COW on October 18tH The remainder of the work will be completed by then, and a bills of sale will be submitted for the various improvements. 2. Water Department Report for August 2005—This will move on to COW on October 18th 3. Fox Industrial Park Project—Supplemental MFT Appropriation Resolution— This project has been completed about 2 years ago. IDOT had an audit done and a supplemental resolution was to passed for this. They came back and said they had forgotten to include some engineering costs that were spent in a previous fiscal year. There are no additional funds to be paid for this, it is just some accounting paperwork. This will go on to COW on October 18th 4. In Town Drainage Improvement— Change Order#8,#9, #10, #11 —The work for change orders 8, 9, and 10 has already been completed. Change order 11 was the realignment of the storm sewer and removal of some pavement. This work has also been completed. Joe Wywrot recommends approval. This will move on to COW on October 18th 5. Rob Roy Creek Interceptor (Contract 4)—Temporary Easement—There is no cost for obtaining this easement. This will move on to COW on October 18th Page 2 of 2 Additional Business Ferrilee Kelly was present and wanted to bring up a water problem on West Main Street. Joe Wywrot said the"speed bump"would be replaced as an add on to the streets project. She then brought up a question about whether or not she was receiving a double water bill. She explained that she has an apartment upstairs,but now it is zoned single family. Her upstairs apartment is vacant. She had spoken with Tony Graff a couple of months ago. Mayor Prochaska thought Judy from the Water Department should be asked. Also John Wyeth should be asked about this as well. Either Joe Wywrot or Judy from the Water Depailinent will call her with an answer and this will come back to the Public Works meeting for an update. Old Business 1. Tree Canopy Protection Ordinance—There was some discussion and since some of the Aldermen had not read the copy of the ordinance it will come back to another meeting. It was decided that it could come back in sections. Part 1 will go to the November 7th Public Works meeting. A copy of the existing landscape ordinance will also be given to the Aldermen. Additional Business Mayor Prochaska asked Joe Wywrot to say Mayor Prochaska was approached by some residents from Heartland subdivision and they would like to eliminate the construction traffic prohibition on Spring Street. This issue will be placed on the November 7th Public Works agenda for discussion. The meeting was adjourned at 7:45 P.M. Minutes submitted by Laura Leppert „,0 C/7.1- Reviewed By: 0� Le al ❑ City Council „` g i E Finance ❑ EST. 1836 Engineer ❑ t II Agenda Item Tracking Number ®� A City Administrator ❑ ... °'Y =O Consultant ❑ p v/ ��c.0jc 1 Kendall COunY SLE V‘). 111 City Council Agenda Item Summary Memo Title: 447 (,,()4-,C_z r 1- % x. jmq” l ( City Council/COW/Committee Agenda Date: 1'4) // 7-(,5" Synopsis: ///e.//',Z z /4il''lri�'1`j/'�lt9/7‘z-fra (1,'%,# /: Zie(5 Council Action Previously Taken: OA Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: p/ 72!//x1 (DF / .-j f72 r Submitted by: P/ �. ��/ Name Department Agenda Item Notes: .co caro United City of Yorkville Memo Public Works Department im Jim EST.erVx` 1836 800 Game Farm Road 11 o Yorkville, Illinois 60560 t 20 Telephone: 630-553-4370 SCE ��,�� Fax: 630-553-4377 Date: October 14, 2005 To: Art Prochaska, Mayor From: Eric Dhuse Director of Public Works �—� CC: Joe Besco, Chairman Public Works Committee Subject: employment positions Joe, Effective Wednesday October 12, 2005 John Enlow resigned his position with the United City of Yorkville. I have already started the posting process to find a replacement as soon as possible. I would also like permission to hire an additional Maintenance Worker I position that was budgeted for a November hire in the approved FY 05-06 budget. I would like to place the November hire on the next Public Works agenda for discussion. if you have any questions or concerns, please let me know. A Ni .co CIT. Reviewed By: J 0City Council -� Legal ❑ Finance ❑ EST. AI 1 �e�s Engineer EI.14 City-� City Administrator ❑ Agenda Item Tracking Number �11÷.L ?D Consultant 0 P t I SCE 5 -cc , City Council Agenda Item Summary Memo Title: Cannonball Hill Subdivision—Final Acceptance City Council/ COW/Committee Agenda Date: PW Committee 11/7/05 Synopsis: Final Acceptance of Cannonball Hill Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: ?`4o Cir o United City of Yorkville Memo '` '" 800 Game Farm Road :oz. EST. 1836 Yorkville, Illinois 60560 ------- - Telephone: 630-553-8545 O Lu Fax: 630-553-3436 • Date: October 7, 2005 To: Liz D'Anna, Administrative Assistant From: Joe Wywrot, City Engineer ., CC: John Wyeth, City Attorney Eric Dhuse, Director of Public Works Subject: Cannonball Hill Subdivision—Final Acceptance Attached find a letter from the developer of the Cannonball Hill subdivision requesting final acceptance. The punchlist is complete. I recommend that the City Council accept the public improvements for Cannonball Hill subdivision for ownership and maintenance. Please place this item on the Public Works Committee agenda of November 7, 2005 for consideration. Alan Dale Farms & Development, Corp. September 29, 2005 Joe Wywrot, City Engineer United City of Yorkville 800 Game Farm Road Yorkville IL 60560 Re: Cannonball Hill Acceptance Dear Joe; Please accept this letter as my request for final acceptance of the Public Improvements at Cannonball Hill. There are no punch list items remaining and I would also ask that you please proceed with the acceptance process as soon as possible and reduce the Letter of Credit to a one year Maintenance Letter of Credit as well. Sincerely, 47--) Alan Norton, President Alan Dale Farms&Developent, Corp. cc: file `„co C/y.y Reviewed By: J� J % Legal 0 City Council r,lir-- ESL 1836 Finance 0 Engineer S iii City Administrator ` ❑ Agenda Item Tracking Number 0.31of. O Consultant 0 e:)(7( " CC `) CKendall County I <C E XV‘' City Council Agenda Item Summary Memo Title: 2005 In-Town Drainage Program—Storm Sewer Easement City Council/COW/Committee Agenda Date: PW Committee 11/7/05 Synopsis: Approval of storm sewer easement document with YBSD at Jaycee Pond Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: 4$.,, COir o United City of Yorkville Memo J R ' '�` 800 Game Farm Road EST. ` �� 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 �� C p� Fax: 630-553-3436 Date: October 11, 2005 To: Liz D'Anna, Administrative Assistant q--------From: Joe Wywrot, City Engineer CC: John Wyeth, City Attorney Subject: 2005 In-Town Drainage Program— Storm Sewer Easement Attached find one copy of the proposed storm sewer easement across YBSD property at Jaycee Pond. This easement is necessary for the storm sewer outfall to the pond that was constructed this past summer. The easement document has been approved and signed by YBSD. Please place this item on the November 7, 2005 Public Works Committee agenda for consideration. MI 1 . N 1 iiiogpI 3 l rri;1 :110 g R pz ' s '$;, 0 % ofr11411M 1 11 1015 I 11 i ph NM 4!6 A !I 0 I 41494: ! .09; r :r1 ''" lg 1. X ?Iy110 W 111 111 ir 4 °0 : o414 8 1 113 i i ti i li 1 II!! 2 ilg Iggyl 4x ,itiwo i0 D, E i I g2 1L II 14: 1 I : , :::Ics !- ' fllw g I q o 21"1014 T pill IxRiP IX * 11 h i q q4 rX4 1 15 C; 311i P w1gplq ii 1 , r i 1 P Wiil P XitNN * 1 N' Xle il d i 16 ymIll'tx 1 N6 R il n A `f g N pill a , Aim- q rill t 8 lP2/01 041P RI 1 xXX z' CC V 1 gggggg 1 > 2 A P p _ O" 1 DI ; a r " a ! ! : R 1 11 0 i k i.-91t ,.,_ R plIpilinqpiiiillii!iiippi PI ('2 _. 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H 1 ' I ; E WEST !il 1 I STREET ~ V Ill > I I L —t !t : i i: t ir 1 54 iI �• II I � i i '2.2 1k 3 `,��D C/rr Reviewed By: O City Council Legal ❑ EST 4 - 1836 Finance ❑ Engineer L, City Administrator Agenda Item Tracking Number�, � ❑O Consultant ❑ , CC -- CC 1'44 E Kendall COW'S, City Council Agenda Item Summary Memo Title: Route 47 & Fox Road Intersection—EEI Proposal City Council/COW/ Committee Agenda Date: PW Committee 11/7/05 Synopsis: IDOT requires an Intersection Design Study in order to modify their Rt. 47 design to change Fox Road to a 3-lane cross section. The proposal is in the amount of $6000. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: ,co car o United City of Yorkville Memo I jit ' 800 Game Farm Road En 1836 Yorkville, Illinois 60560 ��- Telephone: 630-553-8545 �� Fax: 630-553-3436 9 �` �1<LE X•`, Date: October 31, 2005 To: Liz D'Anna, Administrative Assistant `� From: Joe Wywrot, City Engineer l CC: Traci Pleckham, Finance Director Subject: Route 47 &Fox Road Intersection During our recent discussions with IDOT regarding their Route 47 project, it came to our attention that they were proposing to reconstruct the Fox Road approaches to Route 47 as two-lane roadways. While the current west leg is officially a two-lane approach, it has operated for years as a three-lane road because the curb at the SW corner is depressed. This allows right-turning vehicles to squeeze past through and left-turning traffic. IDOT does not recognize this, however, and has stated that the current traffic volumes on Fox Road do not justify a three-lane cross section. They stated that without an Intersection Design Study(IDS) showing future traffic volumes, they would be unable to change their design. Attached find a proposal from EEI to prepare the necessary IDS for IDOT's review. The proposal is in the amount of$6,000. Since the need for the new IDS is a direct result of the proposed development along Fox Road west of Route 47, I recommend that this work be funded by the currently proposed developments at the same ratio as the SW Area Transportation Study. Please place this item on the Public Works Committee agenda of November 7, 2005 for consideration. 52 Wheeler Road • Sugar Grove, IL 60554 TEL:630/466-9350 FAX: 630/468-9380 www.eelweb.com Engineering Enterprises, August 1, 2005 Inc. Mr. Tony Graff City Administrator United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Fox Road IL 47 Intersection Design Study United City of Yorkville, Illinois Dear Mr. Graff: The review of the proposed IDOT IL 47 widening plans by United City of Yorkville indicated that left turn lanes were not provided on Fox Road. In conversations with Joe Wyrot, he indicated that the City would like IDOT to construct separate left turn lanes on each leg of Fox Road as part of their future widening project. IDOT is requiring that an Intersection Design Study be prepared depicting the proposed improvements to facilitate the changes to their design plans IDOT has indicated that only one IDS needs to be prepared based on their proposed improvements. EE1 will prepare an IDS for the Fox Road/IL 47 intersection and obtain approval of the IDS from IDOT. Information and analyses conducted as part of the Fox Road study will be utilized as needed to prepare the IDS. Additional field work will also be conducted, as needed, to collect sufficient topographic information to complete the IDS. The preparation and obtaining approval of the IDS is estimated to cost$6,000. The IDS should be submitted to IDOT by mid August to enable their consultant to proceed with the changes to design plans. If you have any questions or require additional information, please contact our office. Respectfully Submitted, ENGINEERING ENT 'PRIS S, INC. 1.1John T.Whitehouse, P.E., P.L.S. Senior Project Manager pc: Mayor Arthur F. Prochaska, Jr. Joe Wyrot, City Engineer RGN, JWF, EE1 Accepted: G:Public\Yorkville\2005\YO0506 Fox Road-Southwest Area Transportation Study\DocUgraff02.doc Consulting Engineers Specializing In Civil Engineering and Land Surveying i2cilD C/T y Reviewed By: Le al ❑ City Council Legal Finance ❑ Esr. 1836 Engineer �� Agenda Item Tracking Number •G City Administrator ❑ p �!� {��I C - LSC `� KendaliCounly �O Consultant ❑ City Council Agenda Item Summary Memo Title: Autumn Creek Easements City Council/COW/ Committee Agenda Date: PW Committee 11/7/05 Synopsis: These easements through Autumn Creek Phase 2 are needed to construct the utilities needed to serve Autumn Creek Phase 1. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval subject to recommendation to revise the watermain easement Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: C ,00 /7.), T o United City of Yorkville Memo �' �` 800 Game Farm Road EST.14MIMI1836 Yorkville, Illinois 60560 �' Telephone: 630-553-8545 i!w 14, County % Fax: 630-553-3436 Date: November 1, 2005 To: Liz D'Anna, Administrative Assistant . __� _� From: Joe Wywrot, City Engineer , -- ; CC: Subject: Autumn Creek Easements Attached find one copy each of two proposed easements that are needed to allow construction of utilities for Autumn Creek—Phase 1 that are outside the boundary of Phase 1. The storm sewer easement follows the rearyards of future homes north of Kennedy Road, ending at Blackberry Creek. I recommend that this plat of easement be approved as presented. The watermain easement follows the future right-of-ways of Autumn Creek Blvd. and Prairie Grass Lane. The watermain connection to Prairie Grass Lane in the Prairie Meadows subdivision, however, is only an 8"line, and until the connection to Grande Reserve is completed this would be the only source of supply for all of Autumn Creek. A 16"watermain is proposed along future Olive Lane that would also connect to Prairie Meadows,but is not shown on the plat. I recommend that this plat be approved, subject to revising the watermain easement to include an easement along future Olive Lane and the sideyard connection to the 16"watermain in Prairie Meadows. Please place this item on the Public Works Committee agenda of November 7, 2005 for consideration. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -, EASEMENT DESCRIPTION_ THAT PART OF THE NORTH HALF OF SECTION 22,TOWNSHIP 37 NORTH,RANGE 7:EAST OF THE THIRD PRINCIPAL MERIDIAN.DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 27 IN BRISTOL LAKE SUBDIVISION,SAID SUBDIVISION BEING A PART OF THE NORTHWEST QUARTER OF SECTION 22 AND THE SOUTH- WEST QUARTER OF SECTION 15,TOWNSHIP 37 NORTH,RANGE 7 EAST OF TEE THIRD PRINC- IPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF RECORDED MAY 10,1962,IN BOOK 10 ON PAGE 58,AS DOCUMENT 137733:THENCE SOUTH 33 DEGREES 58 MINUTES 14 SECONDS EAST 320.16 FEET AS MEASURED ALONG THE SOUTHEASTERLY EXTENSION OF THE EASTERLY LINE OF SAID LOT 27:THENCE SOUTH 55 DEGREES 00 MINUTES 21 SECONDS WEST 2.25 FEET; THENCE SOUTH 33 DEGREES 37 MINUTES 35 SECONDS EAST 581.63 FEET:THENCE SOUTH 56 DEGREES 22 MINUTES 25 SECONDS WEST 795.10 FEET PERPENDICULAR TO THE LAST DE- SCRIBED COURSE TO THE POINT OF BEGINNING:THENCE SOUTH Al DEGREES 26 MINUTES 31 SECONDS EAST 546.04 FEET TO A POINT OF CURVE.SAID CURVE BEING CONCAVE NORTH- EASTERLY.HAVING A RADIUS OF 455.00 FEET AND A CHORD THAT BEARS SOUTH 57 DEGREES -. 46 MINUTES 08 SECONDS EAST A DISTANCE OF 255.79 FEET;THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE.259.28 FEET;THENCE SOUTH 15 DEGREES 54 MINUTES 22 SECONDS WEST 80.00 FEET;THENCE SOUTH 48 DEGREES 56 MINUTES 58 SECONDS WEST 17.79 - O� FEET TO A POINT OF CURVE.SAID CURVE BEING CONCAVE NORTHEASTERLY.HAVING A RADIUS -' OF 550.00 FEET AND A CHORD THAT BEARS NORTH 57 DEGREES 15 MINUTES 46 SECONDS WEST A DISTANCE OF 299.89 FEET;THENCE NORTHWESTERLY,ALONG THE ARC OF SAID CURVE. .p C' 303.73 FEET:THENCE NORTH 41 DEGREES 26 MINUTES 31 SECONDS WEST 960.29 FEET:THENCE - n(� SOUTH 48 DEGREES 43 MINUTES 09 SECONDS WEST 581.64 FEET TO A POINT OF CURVE,SAID OQO N'-._'" CURVE BEING CONCAVE SOUTHEASTERLY.HAVING A RADIUS OF 107.00 FEET AND A CHORD a�0 a THAT BEARS SOUTH 38 DEGREES 05 MINUTES 45 SECONDS WEST A DISTANCE OF 39.45 FEET; THENCE SOUTHWESTERLY,ALONG THE ARC OF SAID CURVE.39.68 FEET;THENCE SOUTH 27 DE- O KP-9 Qn GAGES 2B MINUTES 22 SECONDS WEST 210.92 FEET TO A POINT OF CURVE.SAID CURVE BEING 2 9e (� CONCAVE NORTHWESTERLY,HAVING A RADIUS OF 193.00 FEET AND A CHORD THAT BEARS SOUTH 38 DEGREES 39 MINUTES 01 SECONDS WEST A DISTANCE OF 74.83 FEET;THENCE 2 O �(� SOUTHWESTERLY,ALONG THE ARC OF SAID CURVE.75.30 FEET:THENCE SOUTH 49 DEGREES ', O\J" 49 MINUTES 41 SECONDS WEST 29.20 FEET;THENCE NORTH Al DEGREES 17 MINUTES 10 SEC- O G��O� ONOS WEST 86.02 FEET:THENCE NORTH 49 DEGREES 49 MINUTES 41 SECONDS EAST 30.88 O y FEET TO A POINT OF CURVE,SAID CURVE BEING CONCAVE NORTHWESTERLY,HAVING A RADIUS -/-_,,�j/�� OF 107.00 FEET AND A CHORD THAT BEARS NORTH 38 DEGREES 39 MINUTES 01 SECONDS -,1,--‘ 0 100 200 EAST A DISTANCE OF 41.48 FEET:THENCE NORTHEASTERLY,ALONG THE ARC OF SAID CURVE ce 41.75 FEET;THENCE NORTH 27 DEGREES 28 MINUTES 22 SECONDS EAST 210.92 FEET TO A N'H�' SCALES 1" • 100 FEET tiiiiT POINT OF CURVE,SAID CURVE BEING CONCAVE SOUTHEASTERLY.HAVING A RADIUS OF 193.00 01g ANCE AND A CHORD THAT BEARS NORTH 38 DEA H MINUTES SA SECONDS EAST A DIST- Os,.ft,.ft .'nO PO POIINT OF MMNCEMAND U7ILI7Y EASEMENT ANCE OF 71.16 FEET;THENCE NORTHEASTERLY,ALONG NC TTHE ARC OF SAID CU RYE.71.57 FEET: Vp EMENT THENCE NORTH 48 DEGREES 93 MINUTES 09 SECONDS EAST 676.40 FEET TO THE POINT OF BE- GINNING.ALL IN KENDALL COUNTY,ILLINOIS. O� W° k CONTAINING 159.567W SO.FT.13.66W ACRES: `0 Si �� A `p`_'`N v OWNER'S CERTIFICATE ,,,,,s, LEGEND STATE OF ILLINOIS l „31 PUBLIC UTILITY AND COUNTY OF KANE ) 001 P,U. 2u D.E. DRAINAGE EASEMENT PROPERTHE TTYRSHOWNO. OWNERS OF THE HEREON. FOR AND INOPERTY CONSIDERATIONED OFU$1.00DER G(ONEDOLLAR) V AND OTHER GOOD AND VALUABLE CONSIDERATION. RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED. HEREBY GRANT TO THE UNITED CITY OF YORKVILLE. ILLINOIS. THEIR RESPECTIVE LICENSEES. SUCCESSORS AND ASSIGNS. JOINTLY AND SEVERALLY. THE PUBLIC UTILITY AND DRAINAGE EASEMENT DESCRIBED HEREON. SUBJECT TO AND IN ACCORDANCE WITH THE EASEMENT PROVISIONS HEREIN STATED. LINE BEARING LENGTH L1 N'19°49'41"E 30.88' L2 549°49'41"W 29.20' SIGNATURE -ATTORNEY-IN-FACT SIGNATURE - ATTORNEY-IN-FACT CURVE RADIUS CHORD BEARING CHORD LENGTH PRINTED NAME PRINTED NAME sW CI 107.00' N38°39'01"E 41.48' Al. 2250E HOME BOULEVARD - ON C2 193.00' S38°39'01"W 74.83' 75.30' 2250IPOINT BOULEVARDD SUITE 401 JJ. ELGIN. ILLINOIS 60123 <" SB NOTARY CERTIFICATE STATE OF ILLINOIS I I SS COUNTY OF KANE 1 I. NOTARY PUBLIC IN AND FOR KANE COUNTY, AND STATE.AFORESAID,DO HEREBY CERTIFY THAT (TITLE). OF AND (TITLE) OF WHOSE THE PERSONS ALSO KNOWN TO ME TO THE SAME PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE INSTRUMENT.APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT THEY SIGNED AND DELIVERED THIS INSTRUMENT AS THEIR OWN FREE AND VOLUNTARY ACT FOR THIS USES AND PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS DAY OF -A.D..2005. Y NOTARY PUBLIC / PRINTED NAME 7 MAYOR'S CERTIFICATE / STATE OF ILLINOIS I SRL 1j SS j COUNTY OF KENDALL 1 APPROVED AND ACCEPTED BY THE UNITED CITY OF YORKVILLE,ILLINOIS. PON,OC n_EG'NS'NC PND UNENi OFA: \ THIS DAY OF .2005. AND UTILITY EASEMENT � / BY: /\ MAYOR / / \ ATTEST: • CITY CLERK / k''''- I''. /245 o/ \� 4, 6A s / N, w Sly A5/ bA r 1 IAN$ /aN s�A c 5 / p9'tr '~~ �9 o tf / 0 rc \ 0596 \ L� / off' / R-193.00' 9f / .- �• CHB-71.16' '45"E\ / - ..[" \\,..,\ \Y/r Q R-455.00' CHD-A-71.5.16' \ CHB-257°46'08"E A•71.57' / '� \ \ CHD-255.79' \ A-259.28' O' N \ -R-107.00' h,/ Dry CHB-S38°05'45"W ryry O. CHD•J9.45' \ A-39.68' 8-550 00' `� .\--.31.5.54'22"W ti� /,''' CHB-N57°15'46"W 80.00' 1/ 3 CHI-299.89' �`b ti A-303.73' 548°56'58"W 1110 /�ry 17.79' ry1 �6 y PUBLIC UTILITY AND DRAINAGE EASEMENT PROVISIONS =5 \ A NON-EXCLUSIVE EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO SBC .-- OOCH,NICER,COM ED,JONES INTERCABLE,OTHER PUBLIC UTILITIES,AND HOLDERS OF EXISTING FRANCHISES GRANTED BY THE CITY OF YORKVILLE,ILLINOIS, 1.2 HOLDERS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS WITHIN THE AREAS SHOWN ON THE PLAT AS"PUBLIC UTILITY N DRANAGE EASEMENT"lobbrevlated ACE. P.U.4 D.E.)TO CONSTRUCT,INSTALL,RECONSTRUCT,REPAIR,REMOVE,REPLACE.INSPECT, MAINTAIN AND OPERATE UNDERGROUND TRANSMISSION AND DISTRIBUTION SYSTEMS AND LINES UNDER THE SURFACE OF THE"PUBLIC UTILITY b DRAINAGE EASEMENT", INCLUDING WITHOUT LIMITATION TO TELEPHONE CABLE,GAS MAINS,ELECTRIC LINES, CABLE TELEVISION LINES,AND ALL NECESSARY FACILITIES APPURTENANT THERETO, TOGETHER WITH THE RIGHT OF ACCESS THERETO FOR THE PERSONNEL AND EQUIP- MENT NECESSARY AND REQUIRED FOR SUCH USES AND PURPOSES AND TOGETHER WITH THE RIGHT TO INSTALL REQUIRED SERVICE CONNECTIONS UNDER THE SURFACE OF EACH LOT TO SERVE IMPROVEMENTS THEREON. A NON-EXCLUSIVE EASEMENT IS ALSO HEREBY RESERVED FOR AND GRANTED TO THE UNITED CITY OF YORKVILLE,ILLINOIS TO CONSTRUCT,INSTALL,RECONSTRUCT, REPAIR.REMOVE.REPLACE AND INSPECT FACILITIES FOR THE TRANSMISSION AND DISTRIBUTION OF WATER.STORM SEWERS,SANITARY SEWERS AND ELECTRICITY, WITHIN THE AREAS SHOWN ON THE PLAT AS "PUBLIC UTILITY 8, DRAINAGE EASEMENT", TOGETHER WITH A RIGHT OF ACCESS THERETO FOR THE PERSONNEL AND EQUIPMENT NECESSARY AND REQUIRED FOR SUCH USES AND PURPOSES. THE ABOVE NAMED ENTITIES ARE HEREBY GRANTED THE RIGHT TO ENTER UPON EASEMENTS HEREIN DESCRIBED FOR THE USES HEREIN SET FORTH AND THE RIGHT TO CUT,TRIM,OR REMOVE ANY TREES,SHRUBS OR OTHER PLANTS WITHIN THE AREAS DESIGNATED AS "PUBLIC UTILITY AND DRAINAGE EASEMENT"WHICH INTERFERE • WITH THE CONSTRUCTION,INSTALLATION,RECONSTRUCTION,REPAIR,REMOVAL,REPLACE- MENT,MAINTENANCE AND OPERATION OF THEIR UNDERGROUND TRANSMISSION AND DISTRIBUTION SYSTEMS AND FACILITIES APPURTENANT THERETO.NO PERMANENT BUILDINGS,STRUCTURES,OR OBSTRUCTIONS SHALL BE CONSTRUCTED IN,UPON.OR SURVEYOR'S CERTIFICATE OVER ANY AREAS DESIGNATED AS "PUBLIC UTILITY & DRAINAGE EASEMENT",BUT S U E r EY O R'S E R T IF rI C A T E SUCH AREAS MAY BE USED FOR GARDENS,SHRUBS,TREES,LANDSCAPING,DRIVEWAYS, STATE OF ILLINOIS 1 AND OTHER RELATED PURPOSES THAT DO NOT UNREASONABLY INTERFERE WITH THE S USES HEREIN DESCRIBED. I SSSTATE OF ILLINOIS 1 THE OCCUPATION AND USE OF THE NON-EXCLUSIVE EASEMENT HEREIN GRANTED AND RESERVED FOR THE ABOVE NAMED ENTITIES BY EACH OF SUCH ENTITIES SHALL BE COUNTY DF COOK I ) SS DONE IN SUCH A MANNER 5O AS NOT TO INTERFERE WITH OR PRECLUDE THE OC- CUPATION AND USE THEREOF BY OTHER ENTITIES FOR WHICH SUCH EASEMENTS ARE THIS IS TO CERTIFY THAT THOMSON SURVEYING. LTD. HAS PREPARED COUNTY OF COOK l GRANTED AND RESERVED.THE CROSSING AND RECROSSING OF SAID EASEMENTS BY THIS GRANT OF EASEMENT AS SHOWN BY THE ANNEXED PLAT WHICH IS THE ABOVE NAMED ENTITIES SHALL BE DONE IN SUCH A MANNER SO AS NOT TO A TRUE AND CORRECT REPRESENTATION OF SAID PROPE000 TTT����j�7R THE WE. THOMSON SURVEYING. LIMITED. ILLLINOIS PROFESSIONAL DESIGN FIRM NUMBER INTERFERE WITH,DAMAGE,OR DISTURB ANY TRANSMISSION AND DISTRIBUTION SYSTEMS USES AND PURPOSES DESCRIBED HEREIN. /t`DBIS/I�AI �hi C IN 184-002768. IN ACCORDANCE WITH PA87-0705 (THE PLAT ACTI DO HEREBY GRANT AND FACILITIES APPURTENANT THERETO E%ISTING WITHIN THE EASEMENTS BEING CROSSED FEET AND DECIMALS THEREOF. II\V'H 1 PERMISSION TO THE CLERK'S OFFICE OF THE UNITED CITY OF YORKVILLE TO RECORD OR RECROSSED.NO USE OR OCCUPATION OF SAID EASEMENTS BY THE ABOVE NAMED rl / THIS SUBDIVISION. A TRUE COPY OF WHICH HAS BEEN RETAINED BY US TO ASSURE NO ENTITIES SHALL CAUSE ANY CHANGE IN GRADE OR IMPAIR OR CHANGE THE SURFACE E GIVEN UNDER MY HAN Ay� O�FF!�Il�ill�.l�+V DATED CHANCES BEEN DAAD OF TO SAID PLAT. 2005 FDOLNLOWNG NAGE PATTERNS. RWORK TO BE PERFORMED BY THE UNITED CITY OF YORKVILLE IN THIS DAY OF . ALOaY/ ` r YTHE EXERCISE OF ITS EASEMENT RIGHTS HEREIN GRANTED,SAID CITY SHALL HAVE NO LOBLIGATION WITH RESPECT TO SURFACE RESTORATION,INCLUDING BUT NOT LIMITED TO, THE RESTORATION,REPAIR OR REPLACEMENT OF PAVEMENT,CURB,GUTTERS,TREES, WALTER J. LUTZ. P.L.S. //�/) WALTER J. LUTZ. P.L.S. LAWN OR SHRUOBERY,PROVIDED WORK, TER,THAT SAID CITY SHALL BE OBLIGATED, ILLINOIS PROFESSIONAL LAND SURPFM) N0. 3576 ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 3576 FOLLOWING SUCH MAINTENANCE WORK,TO BACKFILL AND MOUND ALL TRENCH CREATED MY LICENSE EXPIRES NOVEMBER 30. 2006 MY LICENSE EXPIRES NOVEMBER 30. 2006 50 AS TO RETAIN SUITABLE DRAINAGE,TO COLD PATCH ANY ASPHALT OR CONCRETE DESIGN FIRM LICENSE EXPIRES APRIL 30. 2007 DESIGN FIRM LICENSE EXPIRES APRIL 30. 2007 SURFACE,TO REMOVE ALL EXCESS DEBRIS AND SPOIL,AND TO LEAVE THE MAINTENANCE AREA IN A GENERALLY CLEAN AND WORKMANLIKE CONDITION. Thomson Surveying Ltd. CLIENT: PULTE HOME CORPORATION DSGN. TITLE: PROJECT NO, 3855 9575 W.Higgins Road,Suite 850 ILLINOIS DIVISION OWN' AJB GRANT L. Rasemont.IL.60018 CHKD. WJL GRANT OF EASEMENT SHEET 1 OF I �7] EL,,e,,,,,e-979D 2250 POINT BOULEVARD YORKVILLE,ILLINOIS L SUITE 401 1. 10/20/05 REVISED PER VILLAGE COMMENTS DRAWING N0. FAX:(84 71 318-9 792 SCALE: tonyblusethomsonitd.com NO. DATE NATURE OF REVISION CHKD. 1" = 100 FEET I 1 © THOMSON SURVEYING,LTD.,2005 ELGIN,ILLINOIS 60123 FILE NAME H.ADM,3055PSV,ss°,1P1<MHLESHACEME,TPL,Ts.,,AAEASE1.HEH DATE: JULY 22,2005 1-J e...402.e r.,G°,,, 3855EASEI.PLN 7 • I 0 100 200 SCALE, 1" - 100 FEET LEGEND P.U. $, D.E. PUBLIC UTILITY AND DRAINAGE EASEMENT N6.5*56'19"E 40.00' Ao Op' z \� m ,..A\w o =.\ w \ N � rn N T 5 63°5 29% PUBLIC UTILITY AND DRAINAGE 56,9°j EASEMENT PROVISIONS 7---------c.7.. 56� A NON-EXCLUSIVE EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO SBC AMERITECH,NICOR,COM ED,JONES IN TERCABLE,OTHER PUBLIC UTILITIES,ASS E HOLDERS OF EXISTING FRANCHISES GRANTED BY THE CITY OF YORKVILLE,ILLINOIS, .:Ii & O .--.'-'56 AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS WITHIN THE AREAS SHOWN 6 1 �\ ON THE PLAT AS "PUBLIC UTILITY & DRAINAGE EASEMENT"(ObbYovicted P.U.& 1J5 Y D A6� D.E.)TO CONSTRUCT,INSTALL,RECONSTRUCT,REPAIR,REMOVE,REPLACE,INSPECT, P,,.9,\(66, MAINTAIN AND OPERATE UNDERGROUND TRANSMISSION AND DISTRIBUTION SYSTEMS AND LINES UNDER THE SURFACE OF' THE "PUBLIC UTILITY b DRAINAGE EASEMENT', OWNER'S CERTIFICATE s N INCLUDING WITHOUT LIMITATION TO TELEPHONE CABLE,GAS MAINS,ELECTRIC LINES, / CABLE TELEVISION LINES,AND ALL NECESSARY FACILITIES APPURTENANT THERETO, N w\ TOGETHER WITH THE RIGHT OF ACCESS THERETO FOR THE PERSONNEL AND EQUIP- STATE OF ILLINOIS I - `�\ MENT NECESSARY AND REQUIRED FOR SUCH USES AND PURPOSES AND TOGETHER COUNTY OF KANE 1 NO,I WITH THE RIGHT TO INSTALL REQUIRED SERVICE CONNECTIONS UNDER THE SURFACE � O OF EACH LOT TO SERVE IMPROVEMENTS THEREON, THE UNDERSIGNED. OWNERS OF THE PROPERTY DESCRIBED UNDER GRANTOR'S �NCR ANON-E%CLUSIVE EASEMENT IS ALSO HEREBY RESERVED FOR AND GRANTED TO PROPERTYDHSHOWN HEREON.D FOR AND IN CONSIDERATION. RACE OF OF WH (ONE DHEREBY. �. THE UNITED CITY OF YORKVILLE,ILLINOIS TO CONSTRUCT,INSTALL,RECONSTRUCT, AND OTHER ED. AND VALUABLE OOTHID UNI TIDE. TYCO YORKVILLE.RK WLIEIL HNOISI' REPAIR,REMOVE,REPLACE AND INSPECT FACILITIES FOR THE TRANSMISSION AND THEIRWRESPEC. VER LIC NSEES TO CCE SOISED DI AS OF , JIND l SEIE. N DISTRIBUTION OF WATER,STORM SEWERS,SANITARY SEWERS AND ELECTRICITY, THEIR RESPECTIVE LICENSEES. SUCCESSORS AND ASSIGNS. JOINTLY AND SEVERALLY, •-•:.-;-/b. --`3•;\ - WITHIN THE AREAS SHOWN ON THE PLAT AS "PUBLIC UTILITY W DRAINAGE EASEMENT", THE PUBLIC UTILITY AND DRAINAGE EASEMENT DESCRIBED HEREON. SUBJECT TO %"'-j� AND IN ACCORDANCE WITH THE EASEMENT PROVISIONS HEREIN STATED. '` \ K, TOGETHER WITH A RIGHT OF ACCESS THERETO FOR THE PERSONNEL AND EQUIPMENT \`v NECESSARY AND REQUIRED FOR SUCH USES AND PURPOSES. THE ABOVE NAMED ENTITIES ARE HEREBY GRANTED THE RIGHT TO ENTER UPON EASEMENTS HEREIN DESCRIBED FOR THE USES HEREIN SET FORTH ANO THE RIGHT SIGNATURE -ATTORNEY-IN-FACT SIGNATURE -ATTORNEY-IN-FACT \1\\\ TO CUT,TRIM,OR REMOVE ANY TREES,SHRUBS OR OTHER PLANTS WITHIN THE AREAS DESIGNATED AS "PUBLIC UTILITY AND DRAINAGE EASEMENT"WHICH INTERFERE WITH THE CONSTRUCTION,INSTALLATION,RECONSTRUCTION,REPAIR,REMOVAL,REPLACE- MENT,MAINTENANCE AND OPERATION OF THEIR UNDERGROUND TRANSMISSION AND PRINTED NAME PR INTED NAME \ DISTRIBUTION SYSTEMS AND FACILITIES APPURTENANT THERETO NO PERMANENT BUILDINGS,STRUCTURES,OR OBSTRUCTIONS SHALL BE CONSTRUCTED IN,UPON,OR PULTE HOME CORPORATION OVER ANY PLEAS DESIGNATED AS "PUBLIC UTILITY 6 DRAINAGE EASEMENT",BUT 2250 POINT BOULEVARD \ SUCH AREAS MAY BE USED FOR GARDENS.SHRUBS,TREES.LANDSCAPING,DRIVEWAYS, SUITE 401 AND OTHER RELATED PURPOSES THAT DO NOT UNREASONABLY INTERFERE WITH THE ELGIN. ILLINOIS 60123 USES HEREIN DESCRIBED. "E OLGUPVFORT,DSTHE HNDABOSEE UCFNAMTHEED ENTITIN-EES NOXCLUSBYVIEASOFEVENTSUCH HEREINENTITIES GRANSHTEALL D ANOE D VEACHE. DONE IN A THE 0C- NOTARY CERTIFICATE \ RESERVED CUPATIONS UCH AND USELEVARD \ A MANNER BY OTHERNOTOENTITESEFOREWITH WHICHR SUCHLUDE EASEMENTS ARE STATE OF ILLINOIS ) \ GRANTED AND RESERVED.THE CROSSING AND RECROSSING OF SAID EASEMENTS BY ISS THE ABOVE NAMED ENTITIES SHALL BE DONE IN SUCH A MANNER SO AS NOT TO COUNTY OF KANE 1 INTERFERE WITH,DAMAGE,OR DISTURB ANY TRANSMISSION AND DISTRIBUTION SYSTEMS AND FACILITIES APPURTENANT THERETO EXISTING WITHIN THE EASEMENTS BEING CROSSED OR RECROSSED.NO USE OR OCCUPATION OF SAID EASEMENTS BY THE ABOVE NAMED \ ENTITIES SHALL SE ANY CHANGE IN GRADE OR IMPAIR OR CHANGE THE SURFACE I. NOTARY PUBLIC IN AND FOR KANE COUNTY. DRAINAGE PATTERNS AND STATE.AFORESAID.DO HEREBY CERTIFY THAT ITITLEI, \ FOLLOWING ANY WORK TO BE PERFORMED BY THE UNITED CITY OF YORKVILLE IN OF AND ITITLEI OF AROSE THE PERSONS ALSO KNOWN IT ME TO THE SAME THE EXERCISE OF ITS EASEMENT RIGHTS HEREIN GRANTED,SAID CITY SHALL HAVE NO OBLIGATION WITH RESPECT TO SURFACE RESTORATION,INCLUDING BUT NOT LIMITED TO, PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE INSTRUMENT.APPEARED BEFORE \ THE RESTORATION,REPAIR OR REPLACEMENT OF PAVEMENT,CURB.GUTTERS,TREES. ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT THEY SIGNED AND DELIVERED THIS LAWN OR SHRUBBERY.PROVIDED,HOWEVER.THAT SAID CITY SHALL BE OBLIGATED. INSTRUMENT AS THEIR OWN FREE AND VOLUNTARY ACT FOR THIS USES AND PURPOSES FOLLOWING SUCH MAINTENANCE WORK.TO BACKFILL AND MOUND ALL TRENCH CREATED Z THEREIN SET FORTH. SO AS TO RETAIN SUITABLE DRAINAGE,TO COLD PATCH ANY ASPHALT OR CONCRETE ,,,• \ SURFACE,TO REMOVE ALL EXCESS DEBRIS AND SPOIL,AND TO LEAVE THE MAINTENANCE AREA IN A GENERALLY CLEAN AND WORKMANLIKE CONDITION. GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS DAY OF A.D.,2005. Q4 \ :LP,,, NOTARY PUBLIC :� 3- N0,, \ PRINTED NAME � MAYOR'S CERTIFICATE �N A \STATE OF ILLINOIS ) z 1 SS IA \ T COUNTY OF KENDALL ) m K. APPROVED AND ACCEPTED BY THE UNITED CITY OF YORKVILLE,ILLINOIS. '02., \ t.THIS DAY OF .2005. 'N, \ C, BY: MAYOR ,Z \ pp• 59 ATTEST: S�Q. CITY CLERK 41)2 L4 41) SURVEYOR'S CERTIFICATE _ , y ' STATE of ILLINOIS 1 �� r�(�po P.U. & D.E. L3 I SS Z O vV \ / �� COUNTY OF COOK 1 ��� 7 WE. THOMSON SURVEYING. LIMITED. ILLLINOIS PROFESSIONAL DESIGN FIRM NUMBER O VPP-y \'(�9 6B 184-002768. IN ACCORDANCE WITH PAB7-0705 (THE PLAT ACTT DO HEREBY GRANT 2 ON O O 4 .N1 PERMISSION TO THE CLERK'S OFFICE OF THE UNITED CITY OF YORKVILLE TO RECORD -4_2,, gX° THIS SUBDIVISION, A TRUE COPY OF WHICH HAS BEEN RETAINED BY US TO ASSURE NO v� O �� 5 CHANGES HAVE BEEN MADE To SAID PLAT. ODD. ESS} .. DATED THIS DAY OF . 2005 ��ZOO t'� WALTER J. LUTZ. P.L.S. `5,'--?,7 OF ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 3576 POINT OF COMMENCEMENT MY LICENSE EXPIRES NOVEMBER 30. 2006 DESIGN FIRM LICENSE EXPIRES APRIL 30. 2007 PERMANENT DRAINAGE AND UTILITY EASEMENT POINT OF BEGINNING PERMANENT DRAINAGE AND UTILITY EASEMENT EASEMENT DESCRIPTION THAT PART OF THE NORTH HALF OF SECTION 22,TOWNSHIP 37 NORTH.RANGE 7,EAST OF THE THIRD PRINCIPAL MERIDIAN,AND THE SOUTH HALF OF SECTION 15.TOWNSHIP 37 NORTH SURVEYOR'S CERTIFICATE RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 27 IN BRISTOL LAKE SUBDIVISION,SAID SUBDIVISION BEING A PART OF THE NORTHWEST OUARTER OF SECTION 22 AND THE SOUTH- STATE OF ILLINOIS I WEST QUARTER OF SECTION 15,TOWNSHIP 37 NORTH,RANGE 7 EAST OE THE THIRD PRINC- LINE BEARING LENGTH IPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF RECORDED MAY 10,1962.IN BOOK 10 ON I SS PAGE 58,AS DOCUMENT 137733;THENCE NORTH 33 DEGREES 58 MINUTES 14 SECONDS WEST 16.96 FEET AS MEASURED ALONG THE EASTERLY LINE OF SAID LOT 27 TO THE POINT OF L I N87°13'49"W 130.16' COUNTY OE COOK I BEGINNING;THENCE CONTINUING NORTH 33 DEGREES 58 MINUTES 14 SECONDS WEST ALONG 1HE EASTERLY LINE OF SAID BRISTOL LAKE SUBDIVISION 1,656.26 FEET;THENCE NORTH 56 L2 S87°13'49"E 141.97' DEGREES 01 MINUTES 46 SECONDS EAST 181.23 FEET;THENCE NORTH 63 DEGREES 56 MINUTES THIS IS TO CERTIFY THAT THOMSON SURVEYING. LTD. HAS PREPARED 19 SECONDS EAST 262.45 FEET;THENCE NORTH 26 DEGREES 03 MINUTES 91 SECONDS WEST L3 S62°07'34"W 137.31' THIS GRANT OF EASEMENT AS SHOWN BY THE ANNEXED PLAT WHICH IS 268.87 FEET;THENCE NORTH 63 DECREES 56 MINUTES 19 SECONDS EAST 40.00 FEET;THENCE A TRUE AND CORRECT REPRESENTATION OF SAID PROPyOR THE SOUTH 26 DEGREES 03 MINUTES 41 SECONDS EAST 328.87 FEET;THENCE SOUTH 63 DEGREES L4 N62°07'34"E 128.90' USES AND PURPOSES DESCR IBED HEREIN. INA1`�1• E IN 56 MINUTES 19 SECONDS WEST 298.31 FEET;THENCE SOUTH 56 DEGREES 01 MINUTES 46 SEC- FEET AND DECIMALS THEREOF. ONDS WEST 137.08 FEET;THENCE SOUTH 33 DEGREES 58 MINUTES 19 SECONDS EAST 153.19 L5 N55°00'29"E 95.80' FEET;THENCE SOUTH 23 DEGREES 26 MINUTES 42 SECONDS EAST 82.11 FEET;THENCE SOUTH FI 33 DEGREES 58 MINUTES II SECONDS EAST 1.188.96 FEET,THENCE SOUTH 87 DEGREES 13 MIN- L6 S55°00'29"W 72.35' GIVEN UNDER MY HAN '.'�L O�1i',I I USES 49 SECONDS EAST 141.97 FEET;THENCE NORTH 62 DEGREES 07 MINUTES 34 SECONDS THIS DAY OF . A e/10�./I ►r , EAST 128.90 FEET;THENCE NORTH 55 DECREES 00 MINUTES 29 SECONDS EAST 95.80 FEET: F L YYY THENCE SOUTH 34 DEGREES 59 MINUTES 31 SECONDS EAST 70.00 FEET;THENCE SOUTH 55 S55°00'29"W 25.00' DECREES 00 MINUTES 29 SECONDS WEST 25.00 FEET:THENCE NORTH 34 DECREES 59 MINUTES 31 SECONDS WEST 45.00 FEET;THENCE SOUTH 55 DEGREES 00 MINUTES 29 SECONDS WEST LB N34°59'31"W 45.00' //��A 72.35 FEET:THENCE SOUTH 62 DECREES 07 MINUTES 34 SECONDS WEST 137.31 FEET;THENCE WALTER J. LUTZ. P.L.S. B /�VY NORTH 87 DEGREES 13 MINUTES 49 SECONDS WEST 130.16 FEET:THENCE SOUTH 33 DEGREES L9 533°58'14"E 141.71' I ILLINOIS PROFESSIONAL LAND SUR NO. 3576 58 MINUTES 14 SECONDS EAST 141.74 FEET;THENCE SOUTH 55 DECREES 00 MINUTES 29 SEC- MY LICENSE EXPIRES NOVEMBER 30. 2006 ENDS WEST 25.00 FEET TO THE POINT OF BEGINNING,ALL IN KENDALL COUNTY.ILLINOIS. L10 S55°00'29"W 25.00' DESIGN FIRM LICENSE EXPIRES APRIL 30, 2007 CONTAINING 92,600H SO.FT.(2.130 ACRESI CLIENT: PULTE HOME CORPORATION OSGN. TITLE. PROJECT NO. Thomson Surveying Ltd. OWN AJB 3855 CS 9575 W.HI991HS Road.SuITe 850 ILLINOIS DIVISION GRANT OF EASEME SHEET 1 OF '' LTEL.(847/ IL.60010 CHKD. WJL TEL:(8471318-9790 2250 POINT BOULEVARD 1. 10/20/05 REVISED PER VILLAGE COMMENTS YORKVILLE,ILLINOIS FAX:(847)318-9792 SUITE 401 SCALE: I" = 100 FEET / DRAWING NO. ton olus®mamsanlyd.cam NO. DATE NATURE OF REVISION CHKD. 3855EASE2.PLN © THOMSON SURVEYING.LTD.,2005 ELGIN,ILLINOIS 60123 FILE NAME I«,ocrvvMVS,e55Ps1LA e55E DATE: JULY 22,2005 4V t•..,, 5eA,.."4- L NIP) (sipCIrReviewed By: t O Lel ❑ City Council EST. i 1836 Finance ❑ Engineer City Administrator ❑ Agenda Item Tracking Number O Consultant ❑ 1 We9cc _` r CKendall COunty E ‘‘)I ❑ City Council Agenda Item Summary Memo Title: FPA Expansion—Northwest Service Area City Council/ COW/ Committee Agenda Date: PW Committee 11/7/05 Synopsis: This proposal from Walter E. Deuchler Associates in the amount of$30,000 is to add the area bounded by Galena Road, Baseline Road, Eldamain Road, and a line about 2/3 mile west of Route 47. Funding would come from the developer's in that area. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Discussions with Plano indicate that they are amenable to the area west of Eldamain being served by YBSD, with the understanding that the land would be annexed to Plano. ,ct,o co).. ir a United City of Yorkville Memo "" 800 Game Farm Road ESL 1636 Yorkville, Illinois 60560 Telephone: 630-553-8545 0 II p Fax: 630-553-3436 '11SLE `vv Date: October 18, 2005 To: Liz D'Anna, Administrative Assistant From: Joe Wywrot, City Engineer CC: John Wyeth, City Attorney !� Subject: FPA Expansion Agreement—NW Service Area Attached find one copy a proposal from Walter E. Deuchler Associates to prepare to prepare and submit FPA expansion requests to the Illinois EPA for the properties generally bounded by Galena Road, Baseline Road, Eldamain Road, and a line about 2/3 mile west of Route 47. It includes the Brummel and Garritano properties immediately west of the Dell Webb and Bailey Meadows developments, and the Konicek property near Galena and Eldamain that is currently called the White Pines Farm development. The proposal is in the amount of$30,000. This work would be funded by the city with deposits received from the various developers and landowners. We would not give Deuchler the Notice to Proceed until the deposit is received. Please note that a portion of the proposed service area extends west of Eldamain Road. Please place this item on the Public Works Committee agenda of November 7, 2005 for consideration. ENGINEERING AGREEMENT FOR EPA AMENDMENT YBSD NORTHWEST SERVICE AREA UNITED CITY OF YORKVILLE 2005 This Agreement is made and entered into this day of , 2005, by and between Walter E.Deuchler Associates, Inc. whose address is 230 S.Woodlawn Avenue, Aurora, IL 60506, hereinafter called the "Engineer", and the United City of Yorkville, Kendall County, Illinois, hereinafter called the "Owner", and covers certain professional engineering services in connection with the improvement. Witnesseth that, in consideration of these premises and of the mutual covenants herein set forth, Now, therefore, the Owner and Engineer, in consideration of their mutual covenants,herein agree in respect to the performance of professional engineering services by the Engineer, and the payment for those services by the Owner, as set forth below. SECTION 1 - PROJECT DESCRIPTION 1.1 The Yorkville-Bristol Sanitary District(YBSD)intends to serve undeveloped lands outside of its facility planning area(FPA) with sanitary sewers, following requests from developers and property owners with intent to provide preliminary plans to the Owner for review and approval. These said undeveloped lands are located on the northwest side of the FPA as shown on the attached Exhibit A, which requires an Amendment to the Facility Plan. SECTION 2 - THE ENGINEER AGREES 2.1 To perform professional engineering services in connection with the Project, as hereinafter stated. 2.2 To serve as the Owner's professional engineering representative in those phases of the Project to which this Agreement applies, and to give consultation and advice to the Owner during the performance of services. G:\CONfR\YBSD-FPA AMEND\NW-SERVICE.wpd 2.3 To petition to the Illinois Environmental Protection Agency (IEPA) for a Water Quality Management Plan Amendment which will consist of the following: Summary and need of the requested amendment Geophysical information — Current FPA status Population and household forecast Area land uses — Wastewater treatment loadings - Alternative wastewater treatment Cost effectiveness of wastewater alternatives — Wastewater services costs - Per household user costs Environmental characteristics of the amended area — Stonnwater Management Soil Erosion and Sediment Control — Floodplain Management Stream and wetland protection — Legal Description of the amended area 2.4 To send,by certified trail, copies of the FPA Amendment to all local government agencies within 1.5 miles from-the proposed amended area. 2.5 To respond to comments received by the IEPA from local government agencies. SECTION 3 - THE OWNER AGREES 3.1 To furnish available data such as utility maps, in the Amendment, available plans of proposed subdivisions and legal descriptions of those properties included. 3.2 To designate in writing a person to act as Owner's representative with respect to the services to be performed or furnished by Engineer under this Agreement. Such person will have complete authority to transmit instructions, receive information, interpret Owner's policies • and decisions with respect to Engineer's services for the Project. 3.3 To pay the Engineer, for those services described in Section 2 a lump sum amount of $30,000 paid in the amount of 75% at the completion of the tasks provided in Sections 2.3 and 2.4, and the balance at the completion of the tasks described in Section 2.5. 3.4 That those services beyond the scope of Section 1 and not included in Section 2, will be considered additional work. Compensation for additional work will be paid in accordance with the attached 2005 Fee Schedule for the 2005 calendar year or the current schedule in effect after calendar year 2005. G:\CONTR\YBSD-PPA AMEND\NW-SERV10E.wpd -3- 3.5 That payments due the Engineer for services rendered will be made in monthly payments based upon actual work completed. 3.6 To pay Engineer within thirty (30) days after the invoice date, after which, payment will increase at an interest rate of 1.5% per month. 3.7 That Engineer has the right to suspend or terminate service if undisputed charges are not paid within forty-five(45) days of receipt of Engineer's invoice, and Owner agrees to waive any claim against Engineer arising, and to indemnify, defend, and hold Engineer harmless from and against any claims arising, other than from Engineer's negligence or wrongful conduct, from Engineer's suspension or termination due to Owner's failure to provide timely payment. Owner recognizes that any charges not paid within thirty(30) days are subject to a late payment charge equivalent to 1.5% of the balance due for each additional month or fraction thereof that undisputed charges remain unpaid. 3.8 In the event of termination by Owner under Section 4.2 for convenience or by Engineer for cause, Engineer, in addition to invoicing for those items identified in Sections 3.3 and 3.4 shall be entitled to invoice Owner and shall be paid a reasonable amount for services and expenses(not to exceed a total of$1000.00),directly attributable to termination,both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer's Consultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Section 3.4, but in addition to amounts paid thereunder. In addition a 10% charge of the unbilled amount as set forth in Section 3.3 shall be paid by the Owner to the Engineer. 3.9 To pay the Engineer an additional 8% for sublet services and outside vendor expenses. 3.10 In the event that Owner shall bring any suit, cause of action or counterclaim against Engineer, to the extent that Engineer shall prevail, Owner or the party otherwise initiating such action shall pay to Engineer the cost and expenses incurred to answer and/or defend such action, including reasonable attorneys fees and court costs. In no event shall Engineer indemnify any other party for the consequences of that party's negligence, including negligent failure to follow Engineer's recommendations. 3.11 Engineer's employees shall not be retained as expert witnesses except by separate written agreement. Owner agrees to pay Engineer pursuant to Engineer's current fee schedule for any Engineer employee(s) subpoenaed by any party as an occurrence witness as a result of Engineer's services. G:\CONTR\YBSD-FPA AMEND\NW-SERVICE.wpd -4- 3.12 The Engineer will not be responsible for job or site safety of the Project other than arising from validly implemented affirmative recommendations therefor. Job and site safety will be the sole responsibility of the contractor/contractors of the Project unless contracted to others. 3.13 The Owner shall require in any agreement it makes with a Contractor for the Project that the Contractor shall obtain Commercial General Liability Insurance with contractual liability and shall name the Engineer, its employees and consultants, as additional insured,with said coverage to be primary and non-contributory. In addition, the Owner agrees to name the Engineer, its employees and consultants, as an additional insured on any policy of Owner covering the Project, with said coverage to be primary and non-contributory. When Owner requests services of the Engineer in any capacity other than as a design professional, then, to the fullest extent permitted by law,the Owner shall defend,indemnify,and hold harmless the Engineer,its employees and consultants,from and against claims,damages,losses,costs, including but not limited to reasonable attorneys fees and costs, ("Losses") arising out of or resulting from the Engineers performance of services other than as a design professional (including any services that could be construed as those of a construction manager)provided that such Losses are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property to the extent caused, in whole or in part, by the contractor, subcontractor, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable. This provision shall survive the termination or completion of this Agreement. 3.14 Neither the professional activities of the Engineer, nor the presence of the Engineer or his or her employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations,duties and responsibilities including,but not limited to, construction means, methods, sequence,techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. The Engineer and his or her personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The Owner agrees that the General Contractor is solely responsible for j ob site safety,and warrants that this intent shall be made evident in the Owner's agreement with the General Contractor. The Owner also agrees that the Owner, the Engineer and the Engineer's consultants shall be indemnified and shall be made additional insureds under the General Contractor's general liability insurance policy. In addition, and notwithstanding any other provisions of this Agreement,the Owner agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Engineer, his or her officers, directors, employees, agents and subconsultants from and against all damage, liability or cost, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with the Project or the performance by any of the parties above named of the services under this Agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of the Engineer. G:\CONTR\YBSD-FPA AMEND\NW-SERV10E.wpd • -5- 3.15 The Owner agrees to limit Engineer's liability specifically and exclusively to the Owner on the Project arising from Engineer's professional acts, errors, or omissions or breach of contract or other cause of action, such that the total aggregate liability of Engineer to all those named shall not exceed 5100,000.00 or the total cumulative fees for the services • rendered for this Project, whichever is greater; and Owner hereby releases Engineer from any liability above such amount. 3.16 If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. 3.17 That any difference between the Engineer and Owner concerning the interpretation of the provisions of this Agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the Engineer, one member appointed by the Owner and a third member appointed by the two other members for disposition and that the committee shall attempt to resolve the difference by formal non-binding mediation conducted in accordance with rules and procedure to be agreed upon by the parties. SECTION 4 - IT IS MUTUALLY AGREED 4.1 During the progress of work under this Agreement,the Engineer shall continuously monitor its costs and anticipated future costs, and if such monitoring indicates possible costs in excess of the amounts stated in Section 3 above, the Engineer shall immediately notify the Owner of such anticipated increase and the compensation for engineering services shall be adjusted, if any, by amendment to this Agreement. 4.2 This Agreement may be terminated by the Owner upon giving notice in writing to the Engineer at his last known post office address. Upon such termination, the Engineer shall cause to be delivered to the Owner all drawings, specifications, partial and completed estimates and data,with the understanding that all such material becomes the property of the Owner. The Engineer shall be paid for any services completed and any services partially completed in accordance with Section 3. 4.3 That the Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty the Owner shall have the right to void this Agreement without liability whatsoever. 4.4 That the Owner acknowledges that the Engineer is a corporation and agrees that any claim made by the owner arising out of any act or omission of any director, officer or employee of the Engineer, in the execution or performance of this Agreement shall be made against G:ACONTR\YBSD-FPA AMEND\NW-SERVICE.wpd -6- the Engineer and not against such director, officer or employee. 4.5 That the Owner and the Engineer each binds himself and his partners,successors,executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement; except as above, neither the Owner nor the Engineer shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any office or agent of any public body which may be a party hereto;nor shall it be construed as giving any right or benefits hereunder to anyone other than the Client and the Engineer. 4.6 All Reports, Drawings, Specifications, other documents, and magnetic media prepared or furnished by the Engineer pursuant to this Agreement are instruments of service in respect to the Project, and the Engineer shall retain ownership of said documents and magnetic media including the right of reuse by and at the discretion of the Engineer whether or not the Project is completed. The Owner may retain copies, including reproducible copies, of the Engineer's documents and magnetic media for infoimation and reference in connection with the use and occupancy of the Project by the Owner and others;however,the Engineer's documents and magnetic media are not intended or represented to be suitable for reuse by the Owner or others on additions or extensions of the project, or on any other Project. Any such reuse without written permission and verification or adaption by the Engineer for the specific purpose intended will be at the Owner's sole risk and without liability or legal exposure to the Engineer. The Owner shall indemnify and hold harmless the Engineer from all claims, damages,losses and expenses including attorneys' fees arising out of or resulting therefrom. Any furnishing of additional copies and verification or adaptation of the Engineer's comments and magnetic media will entitle the Engineer to claim and receive additional compensation from the Owner. 4.7 The Engineer's agent shall perform the function of Agent or Representative of the Owner, during the performance of the PROJECT. The Engineer may be required to enter private properties and private premises to perform the work identified in the PROJECT. The Owner agrees to indemnify, defend and hold harmless the Engineer from any claim, suit, liability, damage, injury,cost or expense,including attorney fees,arising out of Engineer's entry into private properties and private premises, unless resulting from Engineer's negligence or wrongful conduct under Section 3.7 or as provided by law. 4.8 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. Engineer's opinions of probable total project costs and construction cost provided for the project are to be made on the basis of Engineer's experience and qualifications and represent Engineer's best judgement as an experienced and qualified professional Engineer familiar with the construction industry; but Engineer cannot and does not guarantee that proposals, bids or actual total project or construction • G:\CONTR\YBSD-FPA AMEND\NW-SERVICE.wpd -7- costs will not vary from opinions of probable cost prepared by Engineer. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in triplicate counterparts, each of which shall be considered as an original by their duly authorized officers, this day of , 2005. Executed by the Owner: United City of Yorkville State of Illinois ATTEST: By By Title: City Clerk Title: Mayor Executed by the Engineer: Walter E. Deuchler Associates, Inc. 230 S. Woodlawn Avenue Aurora, IL 60506 Title: Pres dent G:\CONTR\YBSD-FPA AMEND\NW-SERV10E.wpd WALTER E. DEUCHLER ASSOC. INC. 2005 FEE SCHEDULE CLASSIFICATION RANGE OF BILLING RATE CLERICAL 45.00-65.00 JR. TECHNICIAN 34.00-45.00 TECHNICIANIDRAFTSPERSON 55.00-80.00 CONSTRUCTION OBSERVER 60.00-75.00 SURVEY CREW (2 Members) 110.00-145.00 ENGINEER 70.00-90.00 PROJECT ENGINEER 90.00-110.00 PROJECT MANAGER LAND SURVEYOR PRINCIPAL 110.00-135.00 01/1012005 0 PAGE 1 ;77 ii ii ami ''^ +i' , S a 7 , ,,,- A,i2 Z s 4 4 y � . rL z ..____/ „„..,_. 1h'`a-..x.M f FM'FQ$'^'� r�,„„„„,,,,,„,„„,..„5.„„.„,..,„„„„,,,,,,.„,,,,,,...„,„,,,„,,„„,,, „-..- �s7 -.. 1. .,r,«ur,'�”' :rte ', ,f } i. 4„,„,..,,,,,,„:,,,,,„ 1, `s"y72,�'t , '�.,F - 2^,i33 , �,. .. „ S.i. .rte T r,, "� Y x� g�a` rA-., ` rax^”'�,rs c' .,y�..-4 ,3 a "S t: .,r�.°eE" �, Y' � �}'(� ta-�'' � Biu r :: f „,,,,t,„,,,,,„., ,„.,,..,.„,....„,...„,,,, .� ,.a 4x r rix,',. r,; O PROPOSED F.P.A. _ )}1a"y AjiAMENDMENT AREA — [ // j1 II Y I / 1.. .._____ �.n® / rimmulii 1 I ,_______Ai / — EXISTING F.P.A. N ■ BOUNDARY ■ 4 I 'IT IL,4-. T ! I �N I ,a, I of • i . i Y I I 111 • I /�I /6 _ :_______________f R� _ Al MEMIIIIMI11111 ME J½11r. ., 13 a, Y �/� d I in �/ ' ''''.:. ..' ...''''''' 0, _016 iwfli lir •:- pplir------ fivion, nos ____,...-,_/111111100 i upr apoind44. , j/ �L�; ii*Air4S.111III Y_� I. Al r.1 w440-:- 110, AL 16I1I M11i4m— s rte,-- 1 1 ' -1'4148104: 0 ._. ii1l YORKYILLE BRISTOL SANITARY DI S TRI CT 1fAL'TER E. DEUCAI.FR Ati"llgI. l SSOCIATES, INC. w EXHIBIT A 1 ---.-1/u^ j(MO'Mr ja.,.'� .�!9/20/05 �L'.L� ®' ."® 1 '^-^� ry 0 0."1 r-x000 p.�.o-.,+V,o•oso-o��cx�Lw „o.yea/o.ow/m FACILITY PLANNING AREA AMENDMENT M -14- ,co C/r, Reviewed By: 0-c% Legal ❑ City Council Finance ❑ EST.kw 1836 Engineer City Administrator ❑ Agenda Item Tracking Number �0 Consultant cc, S 1 Kanclog County City Council Agenda Item Summary Memo Title: FPA Expansion—Faganel Development City Council/COW/Committee Agenda Date: PW Committee 11/7/05 Synopsis: This proposal from Walter E. Deuchler Associates in the amount of$7500 is to add this development to YBSD's facility planning area. Funding would come from the developer's in that area. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: This property is about 95 acres located on the south side of Ament Road, west of Route 47. ,c0o C/)./... .! % United City of Yorkville Memo 800 Game Farm Road EST '�4 ' 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 9p I ...,,- s.. Fax: 630-553-3436 Date: October 18, 2005 To: Liz D'Anna, Administrative Assistant From: Joe Wywrot, City Engineer \_ CC: John Wyeth, City Attorney Subject: FPA Expansion Agreement—Fagenal Development Attached find one copy a proposal from Walter E. Deuchler Associates to prepare to prepare and submit FPA expansion requests to the Illinois EPA for the referenced development. The proposal is in the amount of$7,500. This is the Dhuse property located west of Route 47 along Ament Road. This work would be funded by the city with deposits received from the developer. We would not give Deuchler the Notice to Proceed until the deposit is received. Please place this item on the Public Works Committee agenda of November 7, 2005 for consideration. ENGINEERING AGREEMENT FOR FPA AMENDMENT YBSD FAGENAL DEVELOPMENT UNITED CITY OF YORKVILLE 2005 This Agreement is made and entered into this day of , 2005, by and between Walter E. Deuchler Associates, Inc. whose address is 230 S. Woodlawn Avenue, Aurora, IL 60506, hereinafter called the "Engineer", and the United City of Yorkville, Kendall County, Illinois, hereinafter called the "Owner", and covers certain professional engineering services in connection with the improvement. Witnesseth that, in consideration of these premises and of the mutual covenants herein set forth, Now, therefore,the Owner and Engineer,in consideration of their mutual covenants,herein agree in respect to the performance of professional engineering services by the Engineer, and the payment for those services by the Owner, as set forth below. SECTION 1 - PROJECT DESCRIPTION 1.1 The Yorkville-Bristol Sanitary District(YB SD)intends to serve undeveloped lands outside of its facility planning area(FPA)with sanitary sewers, following requests from developers and property owners with intent to provide preliminary plans to the Owner for review and approval. These said undeveloped lands are located on the south side of the FPA as shown on the attached Exhibit A, which requires an Amendment to the Facility Plan. SECTION 2 - THE ENGINEER AGREES 2.1 To perform professional engineering services in connection with the Project,as hereinafter stated. 2.2 To serve as the Owner's professional engineering representative in those phases of the Project to which this Agreement applies, and to give consultation and advice to the Owner during the performance of services. G:\CONTR\YBSD-FPA AMEND\FAGENAL-DEVELOPMENT.wpd _7_ 2.3 To petition to the Illinois Environmental Protection Agency (IEPA) for a Water Quality Management Plan Amendment which will consist of the following: Summary and need of the requested amendment Geophysical information Current FPA status — Population and household forecast Area land uses Wastewater treatment loadings — Alternative wastewater treatment Cost effectiveness of wastewater alternatives — Wastewater services costs Per household user costs Environmental characteristics of the amended area Stoiiuwater Management — Soil Erosion and Sediment Control Floodplain Management Stream and wetland protection Legal Description of the amended area 2.4 To send, by certified mail, copies of the FPA Amendment to all local government agencies within 1.5 miles from the proposed amended area. 2.5 To respond to comments received by the IEPA from local government agencies. SECTION 3 - TRE OWNER AGREES 3.1 To furnish available data such as utility maps, in the Amendment, available plans of proposed subdivisions and legal descriptions of those properties included. 3.2 To designate in writing a person to act as Owner's representative with respect to the services to be performed or furnished by Engineer under this Agreement. Such person will have complete authority to transmit instructions, receive information, interpret Owner's policies and decisions with respect to Engineer's services for the Project. 3.3 To pay the Engineer,for those services described in Section 2 a lump sum amount of$7,500 paid in the amount of 75% at the completion of the tasks provided in Sections 2.3 and 2.4, and the balance at the completion of the tasks described in Section 2.5. 3.4 That those services beyond the scope of Section 1 and not included in Section 2, will be considered additional work. Compensation for additional work will be paid in accordance with the attached 2005 Fee Schedule for the 2005 calendar year or the current schedule in effect after calendar year 2005. G:\CONTR\YBSD-FPA AMEND\FAGENAL-DEVELOPMENT.wpd 3.5 That payments due the Engineer for services rendered will be made in monthly payments based upon actual work completed. 3.6 To pay Engineer within thirty (30) days after the invoice date, after which, payment will increase at an interest rate of 1.5% per month. 3.7 That Engineer has the right to suspend or terminate service if undisputed charges are not paid within forty-five(45) days of receipt of Engineer's invoice, and Owner agrees to waive any claim against Engineer arising, and to indemnify, defend, and hold Engineer harmless from and against any claims arising, other than from Engineer's negligence or wrongful conduct, from Engineer's suspension or termination due to Owner's failure to provide timely payment. Owner recognizes that any charges not paid within thirty(30) days are subject to a late payment charge equivalent to 1.5% of the balance due for each additional month or fraction thereof that undisputed charges remain unpaid. 3.8 In the event of teiiuination by Owner under Section 4.2 for convenience or by Engineer for cause, Engineer, in addition to invoicing for those items identified in Sections 3.3 and 3.4 shall be entitled to invoice Owner and shall be paid a reasonable amount for services and expenses(not to exceed a total of$1000.00), directly attributable to termination,both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer's Consultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Section 3.4, but in addition to amounts paid thereunder. In addition a 10% charge of the unbilled amount as set forth in Section 3.3 shall be paid by the Owner to the Engineer. 3.9 To pay the Engineer an additional 8% for sublet services and outside vendor expenses. 3.10 In the event that Owner shall bring any suit, cause of action or counterclaim against Engineer, to the extent that Engineer shall prevail, Owner or the party otherwise initiating such action shall pay to Engineer the cost and expenses incurred to answer and/or defend such action, including reasonable attorneys fees and court costs. In no event shall Engineer indemnify any other party for the consequences of that party's negligence, including negligent failure to follow Engineer's recommendations. 3.11 Engineer's employees shall not be retained as expert witnesses except by separate written agreement. Owner agrees to pay Engineer pursuant to Engineer's current fee schedule for any Engineer employee(s) subpoenaed by any party as an occurrence witness as a result of Engineer's services. G:\CONTR\YBSD-FPA AMEND\FAGENAL-DEVELOPMENT.wpd -4- 3.12 The Engineer will not be responsible for job or site safety of the Project other than arising from validly implemented affiuuative recommendations therefor. Job and site safety will be the sole responsibility of the contractor/contractors of the Project unless contracted to others. 3.13 The Owner shall require in any agreement it makes with a Contractor for the Project that the Contractor shall obtain Commercial General Liability Insurance with contractual liability and shall name the Engineer,its employees and consultants, as additional insured,with said coverage to be primary and non-contributory. In addition, the Owner agrees to name the Engineer, its employees and consultants, as an additional insured on any policy of Owner covering the Project, with said coverage to be primary and non-contributory. When Owner requests services of the Engineer in any capacity other than as a design professional, then, to the fullest extent permitted by law,the Owner shall defend,indemnify,and hold harmless the Engineer,its employees and consultants,from and against claims,damages,losses,costs, including but not limited to reasonable attorneys fees and costs, ("Losses") arising out of or resulting from the Engineers performance of services other than as a design professional (including any services that could be construed as those of a construction manager)provided that such Losses are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property to the extent caused, in whole or in part, by the contractor, subcontractor, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable. This provision shall survive the termination or completion of this Agreement. 3.14 Neither the professional activities of the Engineer, nor the presence of the Engineer or his or her employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations,duties and responsibilities including,but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. The Engineer and his or her personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The Owner agrees that the General Contractor is solely responsible for job site safety,and warrants that this intent shall be made evident in the Owner's agreement with the General Contractor. The Owner also agrees that the Owner, the Engineer and the Engineer's consultants shall be indemnified and shall be made additional insureds under the General Contractor's general liability insurance policy. In addition, and notwithstanding any other provisions of this Agreement,the Owner agrees, to the fullest extent peimitted by law, to indemnify and hold hamn.ess the Engineer, his or her officers, directors, employees, agents and subconsultants from and against all damage, liability or cost, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with the Project or the performance by any of the parties above named of the services under this Agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of the Engineer. G:\CONTR\YBSD-FPA AMEND\FAGENAL-DEVELOPMENT.wpd -5- 3.15 The Owner agrees to limit Engineer's liability specifically and exclusively to the Owner on the Project arising from Engineer's professional acts, errors, or omissions or breach of contract or other cause of action, such that the total aggregate liability of Engineer to all those named shall not exceed 5100,000.00 or the total cumulative fees for the services rendered for this Project, whichever is greater; and Owner hereby releases Engineer from any liability above such amount. 3.16 If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. 3.17 That any difference between the Engineer and Owner concerning the interpretation of the provisions of this Agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the Engineer, one member appointed by the Owner and a third member appointed by the two other members for disposition and that the committee shall attempt to resolve the difference by formal non-binding mediation conducted in accordance with rules and procedure to be agreed upon by the parties. SECTION 4 - IT IS MUTUALLY AGREED 4.1 During the progress of work under this Agreement,the Engineer shall continuously monitor its costs and anticipated future costs, and if such monitoring indicates possible costs in excess of the amounts stated in Section 3 above, the Engineer shall immediately notify the Owner of such anticipated increase and the compensation for engineering services shall be adjusted, if any, by amendment to this Agreement. 4.2 This Agreement may be terminated by the Owner upon giving notice in writing to the Engineer at his last known post office address. Upon such termination, the Engineer shall cause to be delivered to the Owner all drawings, specifications, partial and-completed estimates and data,with the understanding that all such material becomes the property Of the Owner. The Engineer shall be paid for any services completed and any services partially completed in accordance with Section 3. 4.3 That the Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee, gifts,or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty the Owner shall have the right to void this Agreement without liability whatsoever. 4.4 That the Owner acknowledges that the Engineer is a corporation and agrees that any claim made by the owner arising out of any act or omission of any director, officer or employee of the Engineer, in the execution or performance of this Agreement shall be made against G:\CONTR\1 BSD-FPA AMEND\FAGENAL-DEVELOPMENT.wpd -6- the Engineer and not against such director, officer or employee. 4.5 That the Owner and the Engineer each binds himself and his partners,successors,executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement; except as above, neither the Owner nor the Engineer shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any office or agent of any public body which may be a party hereto, nor shall it be construed as giving any right or benefits hereunder to anyone other than the Client and the Engineer. 4.6 All Reports, Drawings, Specifications, other documents, and magnetic media prepared or furnished by the Engineer pursuant to this Agreement are instruments of service in respect to the Project, and the Engineer shall retain ownership of said documents and magnetic media including the right of reuse by and at the discretion of the Engineer whether or not the Project is completed. The Owner may retain copies, including reproducible copies, of the Engineer's documents and magnetic media for information and reference in connection with the use and occupancy of the Project by the Owner and others;however,the Engineer's documents and magnetic media are not intended or represented to be suitable for reuse by the Owner or others on additions or extensions of the project, or on any other Project. Any such reuse without written permission and verification or adaption by the Engineer for the specific purpose intended will be at the Owner's sole risk and without liability or legal exposure to the Engineer. The Owner shall indemnify and hold haiiuless the Engineer from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any furnishing of additional copies and verification or adaptation of the Engineer's comments and magnetic media will entitle the Engineer to claim and receive additional compensation from the Owner. 4.7 The Engineer's agent shall perform the function of Agent or Representative of the Owner, during the perfoiniance of the PROJECT. The Engineer may be required to enter private properties and private premises to perform the work identified in the PROJECT. The Owner - agrees to indemnify, defend and hold harmless the Engineer from any claim, suit, liability, damage,injury,cost or expense,including attorney fees, arising out of Engineer's entry into private properties and private premises, unless resulting from Engineer's negligence or wrongful conduct under Section 3.7 or as provided by law. 4.8 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. Engineer's opinions of probable total project costs and construction cost provided for the project are to be made on the basis of Engineer's experience and qualifications and represent Engineer's best judgement as an experienced and qualified professional Engineer familiar with the construction industry; but Engineer cannot and does not guarantee that proposals, bids or actual total project or construction G.\CONTR\YBSD-FPA AMEND\FAGENAL-DEVELOPMENT.wpd -7- costs will not vary from opinions of probable cost prepared by Engineer. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in triplicate counterparts, each of which shall be considered as an original by their duly authorized officers, this day of , 2005. Executed by the Owner: United City of Yorkville State of Illinois ATTEST: By By Title: City Clerk Title: Mayor Executed by the Engineer: Walter E. Deuchler Associates, Inc. 230 S. Woodlawn Avenue Aurora, IL 60506 By Title: Presisent G:\CONTR\YBSD-FPA AMEND\FAGENAL-DEVELOPMENT.wpd WALTER E. DEUCHLER ASSOC. INC. 2005 FEE SCHEDULE CLASSIFICATION RANGE OF BILLING RATE CLERICAL 45.00-65.00 JR. TECHNICIAN 34.00-45.00 TECHNICIAN/DRAFTSPERSON 55.00-80.00 CONSTRUCTION OBSERVER 60.00-75.00 SURVEY CREW (2 Members) 110.00-145.00 ENGINEER 70.00-90.00 PROJECT ENGINEER . 90.00-110.00 PROJECT MANAGER LAND SURVEYOR PRINCIPAL 110.00-135.00 \ ,- liplpi , , - w..m,2.1... , 4_31 _ , .... •. .,„ .•"' .1/4..,..,,,_,,,..,,,,.‘,,,‘,- , -.0., _.043.. CC:) • a WOO OAP' "oft 1 as v� � ;. .mak .ii 1 l \ 1 N T40' nos reerg Es ra az= \ 41. 1 1 / I I ay o \ \ \ / 1 i 411k%*<411.041 Y1i\ Ii I. I iIIIII . �/ l IM.Inn". I I I\\ r\\,, 1 1 , 1 , , \\ . .... 4...... .4._ .,,,,„ .4. ,,,,,., I. 1 mummy \ :IWO I , , iii , c,,,,,' ' \I I , igeI, \ EXISTING F.P.A. ii I, \ 1 BOUNDARY I = 1 I I -II;Ir 1 I alt 1 I I I 1 \ 14" ` �� � I PROPOSED F.P.A. I I AMENDMENT AREA I t 1 1 1 L 1 1 III y pi ,, 1 12" 11 1 <.... �,1 I �� }--1 1 1 5x I L �l 1 1 1 I ll . SEs^ �,,,:." 111 I I I r'- s- it 1 r'.11�� I I� I, 14" 1 / 1T I ' \ 1 9 fiq , ". L_314j Y 1 Y11 1 1 14 II I It 11 I l ��� 14" ;tz-1 --3— ' r r 1 y� I YII w Y o1 ,',,,,,,D_, -,1-I d CV I ..II 212 Y 30`3_1- I1 f- -—--l � „ IIrj I 1 4 LL ,,..",... I I A l I D I III ,e_i I \ 1 I ni \ �I I I_ I YORKVILLE BRISTOL SANITARY DISTRICT WALTER�p E. DEUCIR R ASSOCIATES, INC. EXHIBIT A 1 tl cr. 6 — dYM1'Q> ganerie. .E '-9/20/OS I« Pr.I....SM. IA. . I. ©sc.�Nz000l .o os.% ,,„D C/�. Reviewed By: T Legal ❑ City Council Finance ❑ EST.1 1838 Engineer ItCity Administrator CI Agnda Item Tracking Number �O ConsultantEl t W -�� C ”C axIemnry ` ❑ City Council Agenda Item Summary Memo Title: FPA Expansion—KB Homes Development(Konicek &Hageman Properties) City Council/COW/Committee Agenda Date: PW Committee 11/7/05 Synopsis: This proposal from Walter E. Deuchler Associates in the amount of$20,000 is to add this development to YBSD's facility planning area. Funding would come from the developer. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: This property is located along Eldamain Road north of Corneils Road. 4" I o United City of Yorkville Memo J ,- '" 800 Game Farm Road EST. ` '°�� 1- 1836 Yorkville, Illinois 60560 ftTelephone: 630-553-8545 114CE 0/ Fax: 630-553-3436 Date: October 18, 2005 To: Liz D'Anna, Administrative Assistant ` \T. From: Joe Wywrot, City Engineer - �--1 CC: John Wyeth, City Attorney Subject: FPA Expansion Agreement—KB Homes Development Attached find one copy a proposal from Walter E. Deuchler Associates to prepare to prepare and submit FPA expansion requests to the Illinois EPA for the referenced development. The proposal is in the amount of$20,000. This is the Konicek and Hagemann property is located along Eldamain Road north of Corneils Road. This work would be funded by the city with deposits received from the developer. We would not give Deuchler the Notice to Proceed until the deposit is received. Please place this item on the Public Works Committee agenda of November 7, 2005 for consideration. ENGINEERING AGREEMENT FOR FPA AMENDMENT YBSD KB HOMES DEVELOPMENT UNITED CITY OF YORKVILLE 2005 This Agreement is made and entered into this day of , 2005, by and between Walter E. Deuchler Associates, Inc. whose address is 230 S.Woodlawn Avenue,Aurora, IL 60506, hereinafter called the "Engineer", and the United City of Yorkville,Kendall County, Illinois, hereinafter called the "Owner", and covers certain professional engineering services in connection with the improvement. Witnesseth that, in consideration of these premises and of the mutual covenants herein set forth, Now,therefore,the Owner and Engineer,in consideration of their mutual covenants,herein agree in respect to the performance of professional engineering services by the Engineer, and the payment for those services by the Owner, as set forth below. SECTION 1 - PROJECT DESCRIPTION 1.1 The Yorkville-Bristol Sanitary District(YB SD) intends to serve undeveloped lands outside of its facility planning area(FPA)with sanitary sewers, following requests from developers and property owners with intent to provide preliminary plans to the Owner for review and approval. These said undeveloped lands are located on the northwest side of the FPA as shown on the attached Exhibit A, which requires an Amendment to the Facility Plan. SECTION 2 - THE ENGINEER AGREES 2.1 To perform professional engineering services in connection with the Project, as hereinafter stated. 2.2 To serve as the Owner's professional engineering representative in those phases of the Project to which this Agreement applies, and to give consultation and advice to the Owner during the perfolinance of services. G:\CONTR\YBSD-FPA AMEND\KB-DEVELOPMENT.wpd -2- 2.3 To petition to the Illinois Environmental Protection Agency (IEPA) for a Water Quality Management Plan Amendment which will consist of the following: Summary and need of the requested amendment Geophysical infolluation Current FPA status — Population and household forecast Area land uses Wastewater treatment loadings Alternative wastewater treatment — Cost effectiveness of wastewater alternatives Wastewater services costs Per household user costs Environmental characteristics of the amended area Stoiuiwater Management Soil Erosion and Sediment Control Floodplain Management Stream and wetland protection Legal Description of the amended area 2.4 To send, by certified mail, copies of the FPA Amendment to all local government agencies within 1.5 miles from the proposed amended area. 2.5 To respond to comments received by the IEPA from local government agencies. SECTION 3 - THE OWNER AGREES 3.1 To furnish available data such as utility maps, in the Amendment, available plans of proposed subdivisions and legal descriptions of those properties included. 3.2 To designate in writing a person to act as Owner's representative with respect to the services to be performed or furnished by Engineer under this Agreement. Such person will have complete authority to transmit instructions, receive information, interpret Owner's policies and decisions with respect to Engineer's services for the Project. 3.3 To pay the Engineer, for those services described in Section 2 a lump sum amount of $20,000 paid in the amount of 75% at the completion of the tasks provided in Sections 2.3 and 2.4, and the balance at the completion of the tasks described in Section 2.5. 3.4 That those services beyond the scope of Section 1 and not included in Section 2, will be considered additional work. Compensation for additional work will be paid in accordance with the attached 2005 Fee Schedule for the 2005 calendar year or the current schedule in effect after calendar year 2005. G:\CONTR\YBSD-FPA AMEND\KB-DEVELOPMENT.wpd -3- 3.5 That payments due the Engineer for services rendered will be made in monthly payments based upon actual work completed. 3.6 To pay Engineer within thirty (30) days after the invoice date, after which, payment will increase at an interest rate of 1.5% per month. 3.7 That Engineer has the right to suspend or tellninate service if undisputed charges are not paid within forty-five(45) days of receipt of Engineer's invoice, and Owner agrees to waive any claim against Engineer arising, and to indemnify, defend, and hold Engineer harmless from and against any claims arising, other than from Engineer's negligence or wrongful conduct,from Engineer's suspension or teimination due to Owner's failure to provide timely payment. Owner recognizes that any charges not paid within thirty(30) days are subject to a late payment charge equivalent to 1.5% of the balance due for each additional month or fraction thereof that undisputed charges remain unpaid. 3.8 In the event of teiuiination by Owner under Section 4.2 for convenience or by Engineer for cause, Engineer, in addition to invoicing for those items identified in Sections 3.3 and 3.4 shall be entitled to invoice Owner and shall be paid a reasonable amount for services and expenses (not to exceed a total of$1000.00),directly attributable to termination,both before and after the effective date of teiniination, such as reassignment of personnel, costs of terminating contracts with Engineer's Consultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Section 3.4, but in addition to amounts paid thereunder. In addition a 10% charge of the unbilled amount as set forth in Section 3.3 shall be paid by the Owner to the Engineer. 3.9 To pay the Engineer an additional 8% for sublet services and outside vendor expenses. 3.10 In the event that Owner shall bring any suit, cause of action or counterclaim against Engineer, to the extent that Engineer shall prevail, Owner or the party otherwise initiating such action shall pay to Engineer the cost and expenses incurred to answer and/or defend such action, including reasonable attorneys fees and court costs. In no event shall Engineer indemnify any othor party for the consequences of that party's negligence, including negligent failure to follow Engineer's recommendations. 3.11 Engineer's employees shall not be retained as expert witnesses except by separate written agreement. Owner agrees to pay Engineer pursuant to Engineer's current fee schedule for any Engineer employee(s) subpoenaed by any party as an occurrence witness as a result of Engineer's services. G:\CONTR\YBSD-FPA AMEND\K.B-DEVELOPMENT.wpd -4- 3.12 The Engineer will not be responsible for job or site safety of the Project other than arising from validly implemented affirmative recommendations therefor. Job and site safety will be the sole responsibility of the contractor/contractors of the Project unless contracted to others. 3.13 The Owner shall require in any agreement it makes with a Contractor for the Project that the Contractor shall obtain Commercial General Liability Insurance with contractual liability and shall name the Engineer, its employees and consultants, as additional insured, with said coverage to be primary and non-contributory. In addition, the Owner agrees to name the Engineer, its employees and consultants, as an additional insured on any policy of Owner covering the Project, with said coverage to be primary and non-contributory. When Owner requests services of the Engineer in any capacity other than as a design professional, then, to the fullest extent permitted by law, the Owner shall defend,indemnify,and hold harmless the Engineer,its employees and consultants,from and against claims,damages,losses,costs, including but not limited to reasonable attorneys fees and costs, ("Losses") arising out of or resulting from the Engineers performance of services other than as a design professional (including any services that could be construed as those of a construction manager)provided that such Losses are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property to the extent caused, in whole or in part, by the contractor, subcontractor, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable. This provision shall survive the termination or completion of this Agreement. 3.14 Neither the professional activities of the Engineer, nor the presence of the Engineer or his or her employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations,duties and responsibilities including,but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. The Engineer and his or her personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The Owner agrees that the General Contractor is solely responsible for job site safety,and warrants that this intent shall be made evident in the Owner's agreement with the General Contractor. The Owner also agrees that the Owner, the Engineer and the Engineer's consultants shall be indemnified and shall be made additional insureds under the General Contractor's general liability insurance policy. In addition, and notwithstanding any other provisions of this Agreement,the Owner agrees, to the fullest extent peiniitted by law, to indemnify and hold harmless the Engineer, his or her officers, directors, employees, agents and subconsultants from and against all damage, liability or cost, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with the Project or the performance by any of the parties above named of the services under this Agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of the Engineer. G:\CONTR\YBSD-FPA AMEND\KB-DEVELOPMENT.wpd -5- 3.15 The Owner agrees to limit Engineer's liability specifically and exclusively to the Owner on the Project arising from Engineer's professional acts, errors, or omissions or breach of contract or other cause of action, such that the total aggregate liability of Engineer to all those named shall not exceed $100,000.00 or the total cumulative fees for the services rendered for this Project, whichever is greater; and Owner hereby releases Engineer from any liability above such amount. 3.16 If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. 3.17 That any difference between the Engineer and Owner concerning the interpretation of the provisions of this Agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the Engineer, one member appointed by the Owner and a third member appointed by the two other members for disposition and that the committee shall attempt to resolve the difference by formal non-binding mediation conducted in accordance with rules and procedure to be agreed upon by the parties. SECTION 4 - IT IS MUTUALLY AGREED 4.1 During the progress of work under this Agreement,the Engineer shall continuously monitor its costs and anticipated future costs, and if such monitoring indicates possible costs in excess of the amounts stated in Section 3 above, the Engineer shall immediately notify the Owner of such anticipated increase and the compensation for engineering services shall be adjusted, if any, by amendment to this Agreement. 4.2 This Agreement may be terminated by the Owner upon giving notice in writing to the Engineer at his last known post office address. Upon such telnlination, the Engineer shall cause to be delivered to the Owner all drawings, specifications, partial and completed estimates and data,with the understanding that all such material becomes the property of the Owner. The Engineer shall be paid for any services completed and any services partially completed in accordance with Section 3. 4.3 That the Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty the Owner shall have the right to void this Agreement without liability whatsoever. 4.4 That the Owner acknowledges that the Engineer is a corporation and agrees that any claim made by the owner arising out of any act or omission of any director, officer or employee of the Engineer, in the execution or performance of this Agreement shall be made against G:\CONTR\YBSD-FPA AMEND\KB-DEVELOPMENT.wpd -6-- the 6-the Engineer and not against such director, officer or employee. 4.5 That the Owner and the Engineer each binds himself and his partners, successors,executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement; except as above, neither the Owner nor the Engineer shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any office or agent of any public body which may be a party hereto, nor shall it be construed as giving any right or benefits hereunder to anyone other than the Client and the Engineer. 4.6 All Reports, Drawings, Specifications, other documents, and magnetic media prepared or furnished by the Engineer pursuant to this Agreement are instruments of service in respect to the Project, and the Engineer shall retain ownership of said documents and magnetic media including the right of reuse by and at the discretion of the Engineer whether or not the Project is completed. The Owner may retain copies, including reproducible copies, of the Engineer's documents and magnetic media for infolination and reference in connection with the use and occupancy of the Proj ect by the Owner and others;however,the Engineer's documents and magnetic media are not intended or represented to be suitable for reuse by the Owner or others on additions or extensions of the project, or on any other Project. Any such reuse without written permission and verification or adaption by the Engineer for the specific purpose intended will be at the Owner's sole risk and without liability or legal exposure to the Engineer. The Owner shall indemnify and hold harmless the Engineer from all claims,damages,losses and expenses including attorneys' fees arising out of or resulting therefrom. Any furnishing of additional copies and verification or adaptation of the Engineer's comments and magnetic media will entitle the Engineer to claim and receive additional compensation from the Owner. 4.7 The Engineer's agent shall perforin the function of Agent or Representative of the Owner, during the perfouiiance of the PROJECT. The Engineer may be required to enter private properties and private premises to perform the work identified in the PROJECT. The Owner agrees to indemnify, defend and hold harmless the Engineer from any claim, suit, liability, damage, injury, cost or expense,including attorney fees, arising out of Engineer's entry into private properties and private premises, unless resulting from Engineer's negligence or wrongful conduct under Section 3.7 or as provided by law. 4.8 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. Engineer's opinions of probable total project costs and construction cost provided for the project are to be made on the basis of Engineer's experience and qualifications and represent Engineer's best judgement as an experienced and qualified professional Engineer familiar with the construction industry; but Engineer cannot and does not guarantee that proposals, bids or actual total project or construction G:\CONTR\YBSD-FPA A,MEND\KB-DEVELOPMENT.wpd -7- costs will not vary from opinions of probable cost prepared by Engineer. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in triplicate counterparts, each of which shall be considered as an original by their duly authorized officers, this day of , 2005. Executed by the Owner: United City of Yorkville State of Illinois ATTEST: By By Title: City Clerk Title: Mayor Executed by the Engineer: Walter E. Deuchler Associates, Inc. 230 S. Woodlawn Avenue Aurora, IL 60506 By /OM ..v itle: Presi.ent G:\CONTR\YBSD-FPA AMEND\KB-DEVELOPMENT.wpd WALTER E. DEUCHLER ASSOC. INC. 2005 FEE SCHEDULE CLASSIFICATION RANGE OF BILLING RATE CLERICAL 45.00-65.00 JR. TECHNICIAN 34.00-45.00 TECHNICIAN/DRAFTSPERSON 55.00-80.00 CONSTRUCTION OBSERVER 60.00-75.00 SURVEY CREW (2 Members) 110.00-145.00 ENGINEER 70.00-90.00 PROJECT ENGINEER 90.00-110.00 PROJECT MANAGER LAND SURVEYOR PRINCIPAL 110.00-135.00 0 11 _�� / ‘?11 II I Ill ZO i 1, 1 ,I.i ,, ,, 1 i 'litimiwom ccCiill PROPOSED F.P.A. ; 14" ' AMENDMENT AREA —} —� i / j ■ i M L___ , 7545MP',- --;,,,-- ', :WAN „ ,.$ ,.. ,,,,,,„ .,. 2 ,! i c , ,ff&rfo,74,,,,, BOUNDARY r i MI I � iY ' s xa, , ow' i;:„,' / i 1 /,' 1 > 1 //c7J is • ,� �' • - N ''-,gi Imo: _ _ , _ 1 1 _.----: '1 ..i: 1:i lir_ ;1 WO is --i , ' 1i a M / //I // 1 ,IL...AI ._ _ .- .- .- ,- .....,...,,,, I, ---nowrimitis."_,..,-,ff,ii. ,....-..-- , i t.0 .,.,,,1 \ v__,, \ Ill 1 ta"lami.s' "Ari — .111161811"1"1411 % S l ' N v WALTER E. DEUCHT.FIR ASSOCIATES, INC. ......s YORKVILLE BRISTOL SANITARY DISTRICT ee,.v..u;.� si:IMMITI. - .A ioP�o ioa._5.. i. . i EXHIBIT A 1 uMPO[ ./ i[9(20/05 ©Y.[c zaoo�[.,00.z.�-\Mo.osa-m\[xwarnj.�.o zae/o+osa(oFACILITY PLANNING AREA AMENDMENT LL1 1,40 CI y Reviewed By: it O� Legal ❑ City Council LEST.% 1836 Finance El Engineer Agenda Item Tracking Number 0 - City Administrator CI ��1 v+ tl j, =O Consultant ElV 4 E ‘0' City Council Agenda Item Summary Memo Title: FPA Expansion—Montalbano Development—Lee Farm City Council/COW/Committee Agenda Date: PW Committee 11/7/05 Synopsis: This proposal from Walter E. Deuchler Associates in the amount of$7500 is to add this development to YBSD's facility planning area. Funding would come from the developer. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: This property is located east of Route 47 along Ament Road. ',c0) C/1.o United City of Yorkville Memo g u�� 800 Game Farm Road EST.14 1118 1836 Yorkville, Illinois 60560 ___ Telephone: 630-553-8545 6� C p Fax: 630-553-3436 Date: October 18, 2005 To: Liz D'Anna, Administrative Assistant From: Joe Wywrot, City Engineer *..5: V_,\,,,,,S1:\--- CC: John Wyeth, City Attorney Subject: FPA Expansion Agreement—Montalbano Development Attached find one copy a proposal from Walter E. Deuchler Associates to prepare to prepare and submit FPA expansion requests to the Illinois EPA for the referenced development. The proposal is in the amount of$7,500. This property is located east of Route 47 along Ament Road. This work would be funded by the city with deposits received from the developer. We would not give Deuchler the Notice to Proceed until the deposit is received. Please place this item on the Public Works Committee agenda of November 7, 2005 for consideration. ENGINEERING AGREEMENT FOR FPA AMENDMENT YBSD MONTALBANO DEVELOPMENT UNITED CITY OF YORKVILLE 2005 This Agreement is made and entered into this day of , 2005, by and between Walter E. Deuchler Associates,Inc. whose address is 230 S. Woodlawn Avenue,Aurora, IL 60506, hereinafter called the "Engineer", and the United City of Yorkville, Kendall County, Illinois, hereinafter called the "Owner", and covers certain professional engineering services in connection with the improvement. Witnesseth that, in consideration of these premises and of the mutual covenants herein set forth, Now,therefore,the Owner and Engineer,in consideration of their mutual covenants,herein agree in respect to the performance of professional engineering services by the Engineer, and the payment for those services by the Owner, as set forth below. SECTION 1 - PROJECT DESCRIPTION 1.1 The Yorkville-Bristol Sanitary District(YB SD)intends to serve undeveloped lands outside of its facility planning area(FPA)with sanitary sewers, following requests from developers and property owners with intent to provide preliminary plans to the Owner for review and approval. These said undeveloped lands are located on the southeast side of the FPA as shown on the attached Exhibit A, which requires an Amendment to the Facility Plan. SECTION 2 - THE ENGINEER AGREES 2.1 To perform professional engineering services in connection with the Project, as hereinafter stated. 2.2 To serve as the Owner's professional engineering representative in those phases of the Project to which this Agreement applies, and to give consultation and advice to the Owner during the performance of services. G:\CONTR\YBSD-FPA AMEND\MONTALBANO.wpd -2- 2.3 To petition to the Illinois Environmental Protection Agency (IEPA) for a Water Quality Management Plan Amendment which will consist of the following: Summary and need of the requested amendment — Geophysical information Current FPA status Population and household forecast Area land uses Wastewater treatment loadings Alternative wastewater treatment — Cost effectiveness of wastewater alternatives Wastewater services costs Per household user costs Environmental characteristics of the amended area Stormwater Management Soil Erosion and Sediment Control Floodplain Management Stream and wetland protection Legal Description of the amended area 2.4 To send,by certified mail, copies of the FPA Amendment to all local government agencies within 1.5 miles from the proposed amended area. 2.5 To respond to comments received by the IEPA from local government agencies. SECTION 3 - THE OWNER AGREES 3.1 To furnish available data such as utility maps, in the Amendment, available plans of proposed subdivisions and legal descriptions of those properties included. 3.2 To designate in writing a person to act as Owner's representative with respect to the services to be perfoinied or furnished by Engineer under this Agreement. Such person will have complete authority to transmit instructions, receive information, interpret Owner's policies and decisions with respect to Engineer's services for the Project. 3.3 To pay the Engineer, for those services described in Section 2 a lump sum amount of$7,500 paid in the amount of 75% at the completion of the tasks provided in Sections 2.3 and 2.4, and the balance at the completion of the tasks described in Section 2.5. 3.4 That those services beyond the scope of Section 1 and not included in Section 2, will be considered additional work. Compensation for additional work will be paid in accordance with the attached 2005 Fee Schedule for the 2005 calendar year or the current schedule in effect after calendar year 2005. G:\CONTR\YBSD-FPA AMEND\MONTALBANO.wpd n -.)- 3.5 That payments due the Engineer for services rendered will be made in monthly payments based upon actual work completed. 3.6 To pay Engineer within thirty (30) days after the invoice date, after which, payment will increase at an interest rate of 1.5% per month. 3.7 That Engineer has the right to suspend or terminate service if undisputed charges are not paid within forty-five (45) days of receipt of Engineer's invoice,and Owner agrees to waive any claim against Engineer arising, and to indemnify, defend, and hold Engineer halinless from and against any claims arising, other than from Engineer's negligence or wrongful conduct, from Engineer's suspension or termination due to Owner's failure to provide timely payment. Owner recognizes that any charges not paid within thirty(30) days are subject to a late payment charge equivalent to 1.5% of the balance due for each additional month or fraction thereof that undisputed charges remain unpaid. 3.8 In the event of tennrination by Owner under Section 4.2 for convenience or by Engineer for cause, Engineer, in addition to invoicing for those items identified in Sections 3.3 and 3.4 shall be entitled to invoice Owner and shall be paid a reasonable amount for services and expenses (not to exceed a total of$1000.00),directly attributable to teriuination,both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer's Consultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Section 3.4, but in addition to amounts paid thereunder. In addition a 10% charge of the unbilled amount as set forth in Section 3.3 shall be paid by the Owner to the Engineer. 3.9 To pay the Engineer an additional 8% for sublet services and outside vendor expenses. 3.10 In the event that Owner shall bring any suit, cause of action or counterclaim against Engineer, to the extent that Engineer shall prevail, Owner or the party otherwise initiating such action shall pay to Engineer the cost and expenses incurred to answer and/or defend such action, including reasonable attorneys fees and court costs. In no event shall Engineer indemnify any other party for the consequences of that party's negligence, including negligent failure to follow Engineer's recommendations. 3.11 Engineer's employees shall not be retained as expert witnesses except by separate written agreement. Owner agrees to pay Engineer pursuant to Engineer's current fee schedule for any Engineer employee(s) subpoenaed by any party as an occurrence witness as a result of Engineer's services. G:\CONTR\YBSD-FPA AMEND\MONTALBANO.wpd -4- 3.12 The Engineer will not be responsible for job or site safety of the Project other than arising from validly implemented affirmative recommendations therefor. Job and site safety will be the sole responsibility of the contractor/contractors of the Project unless contracted to others. 3.13 The Owner shall require in any agreement it makes with a Contractor for the Project that the Contractor shall obtain Commercial General Liability Insurance with contractual liability and shall name the Engineer, its employees and consultants, as additional insured,with said coverage to be primary and non-contributory. In addition, the Owner agrees to name the Engineer, its employees and consultants, as an additional insured on any policy of Owner covering the Project, with said coverage to be primary and non-contributory. When Owner requests services of the Engineer in any capacity other than as a design professional, then, to the fullest extent permitted by law,the Owner shall defend,indemnify,and hold harmless the Engineer,its employees and consultants,from and against claims,damages,losses,costs, including but not limited to reasonable attorneys fees and costs, ("Losses") arising out of or resulting from the Engineers performance of services other than as a design professional (including any services that could be construed as those of a construction manager)provided that such Losses are attributable to bodily injury,sickness, disease or death, or to injury to or destruction of tangible property to the extent caused, in whole or in part, by the contractor, subcontractor, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable. This provision shall survive the termination or completion of this Agreement. 3.14 Neither the professional activities of the Engineer, nor the presence of the Engineer or his or her employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations,duties and responsibilities including,but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. The Engineer and his or her personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The Owner agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the Owner's agreement with the General Contractor. The Owner also agrees that the Owner, the Engineer and the Engineer's consultants shall be indemnified and shall be made additional insureds under the General Contractor's general liability insurance policy. In addition,and notwithstanding any other provisions of this Agreement,the Owner agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Engineer, his or her officers, directors, employees, agents and subconsultants from and against all damage, liability or cost, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with the Project or the performance by any of the parties above named of the services under this Agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of the Engineer. G:\CONTR\YBSD-FPA AMEND\MONTALBANO.wpd -5- 3.15 The Owner agrees to limit Engineer's liability specifically and exclusively to the Owner on the Project arising from Engineer's professional acts, errors, or omissions or breach of contract or other cause of action, such that the total aggregate liability of Engineer to all those named shall not exceed 5100,000.00 or the total cumulative fees for the services rendered for this Project, whichever is greater; and Owner hereby releases Engineer from any liability above such amount. 3.16 If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. 3.17 That any difference between the Engineer and Owner concerning the interpretation of the provisions of this Agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the Engineer, one member appointed by the Owner and a third member appointed by the two other members for disposition and that the committee shall attempt to resolve the difference by fouual non-binding mediation conducted in accordance with rules and procedure to be agreed upon by the parties. SECTION 4 - IT IS MUTUALLY AGREED 4.1 During the progress of work under this Agreement,the Engineer shall continuously monitor its costs and anticipated future costs, and if such monitoring indicates possible costs in excess of the amounts stated in Section 3 above, the Engineer shall immediately notify the Owner of such anticipated increase and the compensation for engineering services shall be adjusted, if any, by amendment to this Agreement. 4.2 This Agreement may be terminated by the Owner upon giving notice in writing to the Engineer at his last known post office address. Upon such teimination, the Engineer shall cause to be delivered to the Owner all drawings, specifications, partial and completed estimates and data,with the understanding that all such material becomes the property of the • Owner. The Engineer shall be paid for any services completed and any services partially completed in accordance with Section 3. 4.3 That the Engineer wan-ants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee,gifts,or any other consideration,contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty the Owner shall have the right to void this Agreement without liability whatsoever. 4.4 That the Owner acknowledges that the Engineer is a corporation and agrees that any claim made by the owner arising out of any act or omission of any director, officer or employee of the Engineer, in the execution or performance of this Agreement shall be made against G:\CONTR\YBSD-FPA AMEND\MONTALBANO.wpd -6- the Engineer and not against such director, officer or employee. 4.5 That the Owner and the Engineer each binds himself and his partners, successors,executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement; except as above, neither the Owner nor the Engineer shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any office or agent of any public body which may be a party hereto, nor shall it be construed as giving any right or benefits hereunder to anyone other than the Client and the Engineer. 4.6 All Reports, Drawings, Specifications, other documents, and magnetic media prepared or furnished by the Engineer pursuant to this Agreement are instruments of service in respect to the Project, and the Engineer shall retain ownership of said documents and magnetic media including the right of reuse by and at the discretion of the Engineer whether or not the Project is completed. The Owner may retain copies, including reproducible copies, of the Engineer's documents and magnetic media for information and reference in connection with the use and occupancy of the Project by the Owner and others;however,the Engineer's documents and magnetic media are not intended or represented to be suitable for reuse by the Owner or others on additions or extensions of the project, or on any other Project. Any such reuse without written permission and verification or adaption by the Engineer for the specific purpose intended will be at the Owner's sole risk and without liability or legal exposure to the Engineer. The Owner shall indemnify and hold hamiless the Engineer from all claims, damages,losses and expenses including attorneys' fees arising out of or resulting therefrom. Any furnishing of additional copies and verification or adaptation of the Engineer's comments and magnetic media will entitle the Engineer to claim and receive additional compensation from the Owner. 4.7 The Engineer's agent shall perform the function of Agent or Representative of the Owner, during the.performance of the PROJECT. The Engineer may be required to enter private properties and private premises to perform the work identified in the PROJECT. The Owner agrees to indemnify, defend and hold harmless the Engineer from any claim, suit, liability, damage,injury, cost or expense,including attorney fees,arising out of Engineer's entry into private properties and private premises, unless resulting from Engineer's negligence or wrongful conduct under Section 3.7 or as provided by law. 4.8 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. Engineer's opinions of probable total project costs and construction cost provided for the project are to be made on the basis of Engineer's experience and qualifications and represent Engineer's best judgement as an experienced and qualified professional Engineer familiar with the construction industry; but Engineer cannot and does not guarantee that proposals, bids or actual total project or construction G:\CONTR\YBSD-FPA AMEND\MONTALBANO.wpd -7- costs will not vary from opinions of probable cost prepared by Engineer. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in triplicate counterparts, each of which shall be considered as an original by their duly authorized officers, this day of , 2005. Executed by the Owner: United City of Yorkville State of Illinois ATTEST: By By Title: City Clerk Title: Mayor Executed by the Engineer: Walter E. Deuchler Associates, Inc. 230 S. Woodlawn Avenue Aurora, IL 60506 B r ''a��r� Y tom., Title: Pres dent G:\CONTR\YBSD-FPA AMEND\MONTALBANO.wpd WALTER E. DEUCHLER ASSOC. INC. 2005 FEE SCHEDULE CLASSIFICATION RANGE OF BILLING RATE CLERICAL 45.00-65.00 JR. TECHNICIAN 34.00-45.00 TECHNICIAN/DRAFTSPERSON 55.00-80.00 CONSTRUCTION OBSERVER 60.00-75.00 SURVEY CREW (2 Members), 110.00-145.00 ENGINEER 70.00-90.00 PROJECT ENGINEER 90.00-110.00 PROJECT MANAGER LAND SURVEYOR PRINCIPAL 110.00-135.00 it I� s • voitp. .,� 1 ',..„ ` q� , .N 00411y# *. r rp C� a xAi d s. '�i \ \` lwi, 1* ' mnn r s w r 1 �► % \ /I I 1 1 ' ' % 1 " te,e,111.1 IV I C3---------\\ /11 i i/ I 4,.. L-#\ 00.414. 14 tf744)1.011 1 I � � i ,. , • i I 1 [ 3 // , ' 7 i \ . , i i L --, III , \ EXISTING F.P.A. II � BOUNDARY I _ I I L-f. I I df' 11 40411 to I I �I ft 14" 1 I I II .L I ,.,n IH 1 I fl V I L� n ,,,//, j ti �_f , , I I 111 j, e j 11 � I 1 c l I 7 ' I , __ Y I 11 I 1, A I II 1l II 1 PROPOSED F.P.A. 1 '��` 14 - L._� ,-) 1 . I AMENDMENT AREA y IIY 0 2 I y II II 'I 1li II._.._ sir TII V 1 I 1 u �=' 13 '� ii I li li II I `fes � I 1 i , orn 1 II I Ft,vrs,ceis YORKVILLE BRISTOL SANITARY DISTRICT 9+E ET WALTER E. DEUCHLER ASSOCIATES, INC. EXHIBIT A l e......z.� es�i.4N » 'S - -d..s .n, 9lb:. • 9/20/05 rocs_ ,1.1,1.1Imo __ '•..SAC aoa ©sc.c�'-zma'�c,a oK\��\aa50-o��cx»�a�rezl..oa.o.>ee/o.aso/a. FACILITY PLANNING AREA AMENDMENT °` 1 ♦, s,D CITE Reviewed By: 2Legal ❑ City Council Finance ❑ EST.14 1838 Engineer II City Administrator ❑ Agenda Item Tracking Number �O Consultant ❑ ❑ i)V� ``1-) 'L' ' LLE %•>1. City Council Agenda Item Summary Memo Title: FPA Expansion—Marker Development—Heartland Crossing City Council/COW/Committee Agenda Date: PW Committee 11/7/05 Synopsis: This proposal from Walter E. Deuchler Associates in the amount of$10,000 is to add this development to YBSD's facility planning area. Funding would come from the developer. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: This property is located east of Route 47 along Ament Road. f° Ciro United City of Yorkville Memo a.1 .1% 800 Game Farm Road lallani EST. `N• 1836 Yorkville, Illinois 60560 ,� Telephone: 630-553-8545 of C o2 Fax: 630-553-3436 <LE XV Date: October 18, 2005 To: Liz D'Anna, Administrative Assistant ` From: Joe Wywrot, City Engineer . 3„. V CC: John Wyeth, City Attorney Subject: FPA Expansion Agreement—Marker Development Attached find one copy a proposal from Walter E. Deuchler Associates to prepare to prepare and submit FPA expansion requests to the Illinois EPA for the referenced development. The proposal is in the amount of$10,000. This property is located east of Route 47 along Ament Road. This work would be funded by the city with deposits received from the developer. We would not give Deuchler the Notice to Proceed until the deposit is received. Please place this item on the Public Works Committee agenda of November 7, 2005 for consideration. ENGINEERING AGREEMENT FOR FPA AMENDMENT YBSD RICHARD MARKER DEVELOPMENT UNITED CITY OF YORKVILLE 2005 This Agreement is made and entered into this day of , 2005, by and between Walter E. Deuchler Associates, Inc. whose address is 230 S. Woodlawn Avenue, Aurora, IL 60506, hereinafter called the "Engineer", and the United City of Yorkville, Kendall County, Illinois, hereinafter called the "Owner", and covers certain professional engineering services in connection with the improvement. Witnesseth that, in consideration of these premises and of the mutual covenants herein set forth, Now,therefore,the Owner and Engineer,in consideration of their mutual covenants,herein agree in respect to the performance of professional engineering services by the Engineer, and the payment for those services by the Owner, as set forth below. SECTION 1 - PROJECT DESCRIPTION 1.1 The Yorkville-Bristol Sanitary District(YBSD) intends to serve undeveloped lands outside of its facility planning area(FPA)with sanitary sewers, following requests from developers and property owners with intent to provide preliminary plans to the Owner for review and approval. These said undeveloped lands are located on the south side of the FPA as shown on the attached Exhibit A, which requires an Amendment to the Facility Plan. SECTION 2 - THE ENGINEER AGREES 2.1 To perform professional engineering services in connection with the Project, as hereinafter stated. 2.2 To serve as the Owner's professional engineering representative in those phases of the Project to which this Agreement applies, and to give consultation and advice to the Owner during the performance of services. G:\C ON TR\YBSD-FPA AMEND\RIC I-LARD-MARKER.wpd -2- 2.3 To petition to the Illinois Environmental Protection Agency (IEPA) for a Water Quality Management Plan Amendment which will consist of the following: Summary and need of the requested amendment Geophysical information Current FPA status — Population and household forecast - Area land uses - Wastewater treatment loadings Alternative wastewater treatment Cost effectiveness of wastewater alternatives Wastewater services costs Per household user costs Environmental characteristics of the amended area — Stormwater Management Soil Erosion and Sediment Control Floodplain Management — Stream and wetland protection — Legal Description of the amended area 2.4 To send, by certified mail, copies of the FPA Amendment to all local government agencies within 1.5 miles from the proposed amended area. 2.5 To respond to comments received by the IEPA from local government agencies. SECTION 3 - THE OWNER AGREES 3.1 To furnish available data such as utility maps, in the Amendment, available plans of proposed subdivisions and legal descriptions of those properties included. 3.2 To designate in writing a person to act as Owner's representative with respect to the services to be performed or furnished by Engineer under this Agreement. Such person will have complete authority to transmit instructions, receive information, interpret Owner's policies and decisions with respect to Engineer's services for the Project. 3.3 To pay the Engineer, for those services described in Section 2 a lump sum amount of $10,000 paid in the amount of 75% at the completion of the tasks provided in Sections 2.3 and 2.4, and the balance at the completion of the tasks described in Section 2.5. 3.4 That those services beyond the scope of Section 1 and not included in Section 2, will be considered additional work. Compensation for additional work will be paid in accordance with the attached 2005 Fee Schedule for the 2005 calendar year or the current schedule in effect after calendar year 2005. G:\CONTR\YBSD-FPA AMEND\RICHARD-MARKER.wpd • -3- 3.5 That payments due the Engineer for services rendered will be made in monthly payments based upon actual work completed. 3.6 To pay Engineer within thirty (30) days after the invoice date, after which, payment will increase at an interest rate of 1.5% per.month. 3.7 That Engineer has the right to suspend or terminate service if undisputed charges are not paid within forty-five(45) days of receipt of Engineer's invoice, and Owner agrees to waive any claim against Engineer arising, and to indemnify, defend, and hold Engineer harmless from and against any claims arising, other than from Engineer's negligence or wrongful conduct, from Engineer's suspension or termination due to Owner's failure to provide timely payment. Owner recognizes that any charges not paid within thirty(30) days are subject to a late payment charge equivalent to 1.5% of the balance due for each additional month or fraction thereof that undisputed charges remain unpaid. 3.8 In the event of termination by Owner under Section 4.2 for convenience or by Engineer for cause, Engineer, in addition to invoicing for those items identified in Sections 3.3 and 3.4 shall be entitled to invoice Owner and shall be paid a reasonable amount for services and expenses(not to exceed a total of$1000.00),directly attributable to teimination,both before and after the effective date of termination, such as reassignment of personnel, costs of teinrinating contracts with Engineer's Consultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Section 3.4, but in addition to amounts paid thereunder. In addition a 10% charge of the unbilled amount as set forth in Section 3.3 shall be paid by the Owner to the Engineer. 3.9 To pay the Engineer an additional 8% for sublet services and outside vendor expenses. 3.10 In the event that Owner shall bring any suit, cause of action or counterclaim against Engineer, to the extent that Engirieer.shall prevail, Owner or the party otherwise initiating such action shall pay to Engineer the cost and expenses incurred to answer and/or defend such action, including reasonable attorneys fees and court costs. In no event shall Engineer indemnify any other party for the consequences of that party's negligence, including negligent failure to follow Engineer's recommendations. 3.11 Engineer's employees shall not be retained as expert witnesses except by separate written agreement. Owner agrees to pay Engineer pursuant to Engineer's current fee schedule for any Engineer employee(s) subpoenaed by any party as an occurrence witness as a result of Engineer's services. G:\CONTR\YBSD-FPA AMEND\RICHARD-MARKER.wpd -4- 3.12 The Engineer will not be responsible for job or site safety of the Project other than arising from validly implemented affirmative recommendations therefor. Job and site safety will be the sole responsibility of the contractor/contractors of the Project unless contracted to others. 3.13 The Owner shall require in any agreement it makes with a Contractor for the Project that the Contractor shall obtain Commercial General Liability Insurance with contractual liability and shall name the Engineer, its employees and consultants, as additional insured,with said coverage to be primary and non-contributory. In addition, the Owner agrees to name the Engineer, its employees and consultants, as an additional insured on any policy of Owner covering the Project, with said coverage to be primary and non-contributory. When Owner requests services of the Engineer in any capacity other than as a design professional, then, to the fullest extent permitted by law,the Owner shall defend,indemnify,and hold harmless the Engineer,its employees and consultants,from and against claims,damages,losses,costs, including but not limited to reasonable attorneys fees and costs, ("Losses") arising out of or resulting from the Engineers performance of services other than as a design professional (including any services that could be construed as those of a construction manager)provided that such Losses are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property to the extent caused, in whole or in part, by the contractor, subcontractor, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable. This provision shall survive the termination or completion of this Agreement. 3.14 Neither the professional activities of the Engineer, nor the presence of the Engineer or his or her employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations,duties and responsibilities including,but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. The Engineer and his or her personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The Owner agrees that the General Contractor is solely responsible for j ob site safety,and warrants that this intent shall be made evident in the Owner's agreement with the General Contractor. The Owner also agrees that the Owner, the Engineer and the Engineer's consultants shall be indemnified and shall be made additional insureds under the General Contractor's general liability insurance policy. In addition, and notwithstanding any other provisions of this Agreement,the Owner agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Engineer, his or her officers, directors, employees, agents and subconsultants from and against all damage, liability or cost, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with the Project or the performance by any of the parties above named of the services under this Agreement,excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of the Engineer. G.\CONTR\YBSD-FPA AMEND\RICHARD-MARKER.wpd • -5- 3.15 The Owner agrees to limit Engineer's liability specifically and exclusively to the Owner on the Project arising from Engineer's professional acts, errors, or omissions or breach of contract or other cause of action, such that the total aggregate liability of Engineer to all those named shall not exceed $100,000.00 or the total cumulative fees for the services rendered for this Project, whichever is greater; and Owner hereby releases Engineer from any liability above such amount. 3.16 If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. 3.17 That any difference between the Engineer and Owner concerning the interpretation of the provisions of this Agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the Engineer, one member appointed by the Owner and a third member appointed by the two other members for disposition and that the committee shall attempt to resolve the difference by formal non-binding mediation conducted in accordance with rules and procedure to be agreed upon by the parties. SECTION 4 - IT IS MUTUALLY AGREED 4.1 During the progress of work under this Agreement,the Engineer shall continuously monitor its costs and anticipated future costs, and if such monitoring indicates possible costs in excess of the amounts stated in Section 3 above, the Engineer shall immediately notify the Owner of such anticipated increase and the compensation for engineering services shall be adjusted, if any, by amendment to this Agreement. 4.2 This Agreement may be terminated by the Owner upon giving notice in writing to the Engineer at his last known post office address. Upon such teunrination, the Engineer shall cause to be delivered to the Owner all drawings, specifications, partial and completed estimates and data,with the understanding that all such material becomes the property of the Owner. The Engineer shall be paid for any services completed and any services partially completed in accordance with Section 3. 4.3 That the Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty the Owner shall have the right to void this Agreement without liability whatsoever. 4.4 That the Owner acknowledges that the Engineer is a corporation and agrees that any claim made by the owner arising out of any act or omission of any director, officer or employee of the Engineer, in the execution or performance of this Agreement shall be made against G:\CONTR\YBSD-FPA AMEND\RICHARD-MARKER.wpd -6- the Engineer and not against such director, officer or employee. 4.5 That the Owner and the Engineer each binds himself and his partners,successors,executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement; except as above, neither the Owner nor the Engineer shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any office or agent of any public body which may be a party hereto, nor shall it be construed as giving any right or benefits hereunder to anyone other than the Client and the Engineer. 4.6 All Reports, Drawings, Specifications, other documents, and magnetic media prepared or furnished by the Engineer pursuant to this Agreement are instruments of service in respect to the Project, and the Engineer shall retain ownership of said documents and magnetic media including the right of reuse by and at the discretion of the Engineer whether or not the Project is completed. The Owner may retain copies, including reproducible copies, of the Engineer's documents and magnetic media for information and reference in connection with the use and occupancy of the Proj ect by the Owner and others;however,the Engineer's documents and magnetic media are not intended or represented to be suitable for reuse by the Owner or others on additions or extensions of the project, or on any other Project. Any such reuse without written permission and verification or adaption by the Engineer for the specific purpose intended will be at the Owner's sole risk and without liability or legal exposure to the Engineer. The Owner shall indemnify and hold harmless the Engineer from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any furnishing of additional copies and verification or adaptation of the Engineer's comments and magnetic media will entitle the Engineer to claim and receive additional compensation from the Owner. 4.7 The Engineer's agent shall perform the function of Agent or Representative of the Owner, during the performance of the PROJECT. The Engineer may be required to enter private properties and private premises to perform the work identified in the PROJECT. The Owner agrees to indemnify, defend and hold harmless the Engineer from any claim, suit, liability, damage,injury, cost or expense,including attorney fees, arising out of Engineer's entry into private properties and private premises, unless resulting from Engineer's negligence or wrongful conduct under Section 3.7 or as provided by law. 4.8 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. Engineer's opinions of probable total project costs and construction cost provided for the project are to be made on the basis of Engineer's experience and qualifications and represent Engineer's best judgement as an experienced and qualified professional Engineer familiar with the construction industry; but Engineer cannot and does not guarantee that proposals, bids or actual total project or construction G:\CONTR\YBSD-FPA AMEND\RICHARD-MARKER.wpd -7- costs will not vary from opinions of probable cost prepared by Engineer. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in triplicate counterparts, each of which shall be considered as an original by their duly authorized officers, this day of , 2005. Executed by the Owner: United City of Yorkville State of Illinois ATTEST: By By Title: City Clerk Title: Mayor Executed by the Engineer: Walter E. Deuchler Associates, Inc. 230 S. Woodlawn Avenue Aurora, IL 60506 " jrear- By ,/i/r: ri Title: Pres.•ent G:\CONTR\YBSD-FPA AMEND\RICHARD-MARKER.wpd WALTER E. DEUCHLER ASSOC. INC. 2005 FEE SCHEDULE CLASSIFICATION RANGE OF BILLING RATE CLERICAL 45.00-65.00 JR. TECHNICIAN 34.00-45.00 TECHNICIAN/DRAFTSPERSON55.00-80.00. CONSTRUCTION OBSERVER 60.00-75.00 SURVEY CREW (2 Members) 110.00-145.00 ENGINEER 70.00-90.00 PROJECT ENGINEER 90.00-110.00 PROJECT MANAGER LAND SURVEYOR PRINCIPAL 110.00-135.00 . ,2,\111,\---_\vtglia_,,.\114:1111)\\ ,-,_-- ----t\ '011:1111120 Ir. ii--***411:-11:7.8- -----, I (0) 1 talk—, 'FPI - $ A 111• a r 20. � 3 if/i ,„,,, \, .. , 0,me or. j I i i v4 S.- !-ate #444:4641 wi I I// I f • ,i i k-V ' '187 '4 .. I 1 11 ly L EXISTING F.P.A. 1 I ----i BOUNDARY II j . \ II ..-'\,,,.___.._.__---,__._.--- i 11 I I �L II I 1 _ I 1 1 I 14.. 5 1 1 il I PROPOSED F.P.A. 1 [ AMENDMENT AREA e• Y '^X# 3 t. I 1 f' .I rFR' x i u R'x1,c AL 4.0i 3x" s''* 1 14" 1 1 %1 i`4 fgr 5tV fps ''' t)- y. II t sir „ )*424 p2 1i4:"'49g, it ` 1 '`Ir�$">�.z s `� rs I� s 7 1 4" l et �, 1, 1,,, 'ar 1, IM fi�A� °'-,..,,:,;;',A,,--� ','''.',-i,;,?. : ', s L ':kir . 'y rid`', '�t o v. al 6 f r1& v Fr , 'r II I t' au 2i- 9 r a 6 it, ' r^fr•sl'I�r.y''4"y b"� ` 14" _s_.',._20 •'ar , t z f ee ,,,s j.-,�. ;;YEr f 7 3 ,, Y. u6i +[ •,5'.4( z, F� I ai3 �x'i9 ,rx �7 'r '� O I 11 .'�� i I � -- ,,4 i r 44 -<-r ' 141,41:44,1V1 fax>,t' ra z cv 1 1 II _-----/- -----� Y �i �,14` , w -- .._.,._c.._ -,�{ `y, h-----12`. f ''-� SII ,L . 11 FUTURE F.P.A. 1� BOUNDARY , n 3 No VP II - - - -- -- I I I .cwsws YORKVILLE BRISTOL SANITARY DISTRICT7 !ALTER E. DEUCHLMFIR ASSOCIATES, INC. EXHIBIT A K1 gOu�ios? 6 — . sdw' rq Mono.. A,c 9/20/05 1o'vao cry to.Aw ra SA! Lo o t so. ©s<. 1'02000'1,0 p.ti r:\ry\0.050-0,\D0081rAltx0„o_7ae/o.oso/oq FACILITY PLANNING AREA AMENDMENT o. I 141')= I ♦,�*D C/7.y Reviewed By: it 0 Legal 1:1City Council :aa kw Finance ElESI �s�s` Engineer City Administrator ❑ Agenda Item Tracking Number 11 �O Consultant ❑ ��/� �� ) 'L' I I ZLE ‘Vv CI City Council Agenda Item Summary Memo Title: FPA Expansion—Wiseman Hughes Development—Windett Ridge Unit 3 City Council/ COW/Committee Agenda Date: PW Committee 11/7/05 Synopsis: This proposal from Walter E. Deuchler Associates in the amount of$7500 is to add this development to YBSD's facility planning area. Funding would come from the developer_ Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: This property is located on the east side of Route 47 south of Legion Road. ,st.o o United City of Yorkville Memo J g �n '1` 800 Game Farm Road EST. 'L ,1836 Yorkville, Illinois 60560 �` —�� Telephone: 630-553-8545 it p Fax: 630-553-3436 +Li4C E `vv Date: October 18, 2005 To: Liz D'Anna, Administrative Ass'stant From: Joe Wywrot, City Engineer CC: John Wyeth, City Attorney , Subject: FPA Expansion Agreement—Wiseman Hughes Development Attached find one copy a proposal from Walter E. Deuchler Associates to prepare to prepare and submit FPA expansion requests to the Illinois EPA for the referenced development. The proposal is in the amount of$7,500. This property is located on Route 47 immediately south of the Windett Ridge development. This work would be funded by the city with deposits received from the developer. We would not give Deuchler the Notice to Proceed until the deposit is received. Please place this item on the Public Works Committee agenda of November 7, 2005 for consideration. ENGINEERING AGREEMENT FOR FPA AMENDMENT YBSD WISEMAN/HUGHES DEVELOPMENT UNITED CITY OF YORKVILLE 2005 This Agreement is made and entered into this day of , 2005, by and between Walter E. Deuchler Associates, Inc. whose address is 230 S. Woodlawn Avenue, Aurora, IL 60506, hereinafter called the "Engineer", and the United City of Yorkville, Kendall County, Illinois, hereinafter called the "Owner", and covers certain professional engineering services in connection with the improvement. Witnesseth that, in consideration of these premises and of the mutual covenants herein set forth, Now,therefore,the Owner and Engineer, in consideration of their mutual covenants,herein agree in respect to the performance of professional engineering services by the Engineer, and the payment for those services by the Owner, as set forth below. SECTION 1 - PROJECT DESCRIPTION 1.1 The Yorkville-Bristol Sanitary District(YBSD) intends to serve undeveloped lands outside of its facility planning area(FPA)with sanitary sewers, following requests from developers and property owners with intent to provide preliminary plans to the Owner for review and approval. These said undeveloped lands are located on the south side of the FPA as shown on the attached Exhibit A, which requires an Amendment to,the Facility Plan. SECTION 2 - THE ENGINEER AGREES 2.1 To perform professional engineering services in connection with the Project, as hereinafter stated. 2.2 To serve as the Owner's professional engineering representative in those phases of the Project to which this Agreement applies, and to give consultation and advice to the Owner during the performance of services. G:\CONTR\YBSD-FPA AMEND\WISEMAN-HUGHES.wpd -2- 2.3 To petition to the Illinois Environmental Protection Agency (TEPA) for a Water Quality Management Plan Amendment which will consist of the following: Summary and need of the requested amendment Geophysical info[illation Current FPA status — Population and household forecast Area land uses Wastewater treatment loadings Alternative wastewater treatment Cost effectiveness of wastewater alternatives Wastewater services costs Per household user costs Environmental characteristics of the amended area Stormwater Management Soil Erosion and Sediment Control Floodplain Management Stream and wetland protection Legal Description of the amended area 2.4 To send, by certified mail, copies of the FPA Amendment to all local government agencies within 1.5 miles from the proposed amended area. 2.5 To respond to comments received by the IEPA from local government agencies. SECTION 3 - THE OWNER AGREES 3.1 To furnish available data such as utility maps, in the Amendment, available plans of proposed subdivisions and legal descriptions of those properties included. 3.2 To designate in writing a person to act as Owner's representative with respect to the services to be performed or furnished by Engineer under this Agreement. Such person will have complete authority to transmit instructions, receive information, interpret Owner's policies and decisions with respect to Engineer's services for the Project. 3.3 To pay the Engineer, for those services described in Section 2 a lump sum amount of$7,500 paid in the amount of 75% at the completion of the tasks provided in Sections 2.3 and 2.4, and the balance at the completion of the tasks described in Section 2.5. 3.4 That those services'beyond the scope of Section 1 and not included in Section 2, will be considered additional work. Compensation for additional work will be paid in accordance with the attached 2005 Fee Schedule for the 2005 calendar year or the current schedule in effect after calendar year 2005. G:\CONTR\YBSD-FI'A AMEND\WISEMAN-HUGHES.wpd -3- 3.5 That payments due the Engineer for services rendered will be made in monthly payments based upon actual work completed. 3.6 To pay Engineer within thirty (30) days after the invoice date, after which, payment will increase at an interest rate of 1.5% per month. 3.7 That Engineer has the right to suspend or terminate service if undisputed charges are not paid within forty-five (45) days of receipt of Engineer's invoice, and Owner agrees to waive any claim against Engineer arising, and to indemnify, defend, and hold Engineer harmless from and against any claims arising, other than from Engineer's negligence or wrongful conduct, from Engineer's suspension or termination due to Owner's failure to provide timely payment. Owner recognizes that any charges not paid within thirty(30) days are subject to a late payment charge equivalent to 1.5% of the balance due for each additional month or fraction thereof that undisputed charges remain unpaid. 3.8 In the event of termination by Owner under Section 4.2 for convenience or by Engineer for cause, Engineer, in addition to invoicing for those items identified in Sections 3.3 and 3.4 shall be entitled to invoice Owner and shall be paid a reasonable amount for services and expenses(not to exceed a total of$1000.00),directly attributable to termination,both before and after the effective date of termination, such as reassignment of personnel, costs of teriiiinating contracts with Engineer's Consultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Section 3.4, but in addition to amounts paid thereunder. In addition a 10% charge of the unbilled amount as set forth in Section 3.3 shall be paid by the Owner to the Engineer. 3.9 To pay the Engineer an additional 8% for sublet services and outside vendor expenses. 3.10 In the event that Owner shall bring any suit, cause of action or counterclaim against Engineer, to the extent that Engineer shall prevail, Owner or the party otherwise initiating such action shall pay to Engineer the cost and expenses incurred to answer and/or defend such action,including reasonable attorneys fees and court costs. In no event shall Engineer indemnify any other party for the consequences of that party's negligence, including negligent failure to follow Engineer's recommendations. 3.11 Engineer's employees shall not be retained as expert witnesses except by separate written agreement. Owner agrees to pay Engineer pursuant to Engineer's current fee schedule for any Engineer employee(s) subpoenaed by any party as an occurrence witness as a result of Engineer's services. G:\CONTR\YBSD-FPA AMEND\WISEMAN-HUGHES.wpd • -4- 3.12 The Engineer will not be responsible for job or site safety of the Project other than arising from validly implemented affirmative recommendations therefor. Job and site safety will be the sole responsibility of the contractor/contractors of the Project unless contracted to others. 3.13 The Owner shall require in any agreement it makes with a contractor for the Project that the Contractor shall obtain Commercial General Liability Insurance with contractual liability and shall name the Engineer, its employees and consultants, as additional insured,with said coverage to be primary and non-contributory. In addition, the Owner agrees to name the Engineer, its employees and consultants, as an additional insured on any policy of Owner covering the Project, with said coverage to be primary and non-contributory. When Owner requests services of the Engineer in any capacity other than as a design professional, then, to the fullest extent permitted by law,the Owner shall defend,indemnify, and hold harmless the Engineer,its employees and consultants,from and against claims,damages,losses,costs, including but not limited to reasonable attorneys fees and costs, ("Losses") arising out of or resulting from the Engineers performance of services other than as a design professional (including any services that could be construed as those of a construction manager)provided that such Losses are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property to the extent caused, in whole or in part, by the contractor, subcontractor, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable. This provision shall survive the teiuiination or completion of this Agreement. 3.14 Neither the professional activities of the Engineer, nor the presence of the Engineer or his or her employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations,duties and responsibilities including,but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. The Engineer and his or her personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The Owner agrees that the General Contractor is solely,responsible for j ob site safety, and warrants that this intent shall be made evident in the Owner's agreement with the General Contractor. The Owner also agrees that the Owner, the Engineer and the Engineer's consultants shall be indemnified and shall be made additional insureds under the General Contractor's general liability insurance policy. In addition, and notwithstanding any other provisions of this Agreement,the Owner agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Engineer, his or her officers, directors, employees, agents_and subconsultants from and against all damage, liability or cost, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with the Project or the performance by any of the parties above named of the services under this Agreement, excepting only those damages, liabilities or costs . attributable to the sole negligence or willful misconduct of the Engineer. G:\CONTR\YBSD-PPA AMEND\WISEMAN-HUGHES.wpd -5- 3.15 The Owner agrees to limit Engineer's liability specifically and exclusively to the Owner on the Project arising from Engineer's professional acts, errors, or omissions or breach of contract or other cause of action, such that the total aggregate liability of Engineer to all those named shall not exceed $100,000.00 or the total cumulative fees for the services rendered for this Project, whichever is greater; and Owner hereby releases Engineer from any liability above such amount. 3.16 If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. 3.17 That any difference between the Engineer and Owner concerning the interpretation of the provisions of this Agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the Engineer, one member appointed by the Owner and a third member appointed by the two other members for disposition and that the committee shall attempt to resolve the difference by formal non-binding mediation conducted in accordance with rules and procedure to be agreed upon by the parties. SECTION 4 - IT IS MUTUALLY AGREED 4.1 During the progress of work under this Agreement,the Engineer shall continuously monitor its costs and anticipated future costs, and if suchmonitoringindicates possible costs in excess of the amounts stated in Section 3 above, the Engineer shall immediately notify the Owner of such anticipated increase and the compensation for engineering services shall be adjusted, if any, by amendment to this Agreement. 4.2 This Agreement may be terminated by the Owner upon giving notice in writing to the Engineer at his last known post office address. Upon such tei ination, the Engineer shall cause to be delivered to the Owner all drawings, specifications, partial and completed estimates and data,with the understanding that all such material becomes the propertyof the Owner. The Engineer shall be paid for any services completed and any services partially completed in accordance with Section 3. 4.3 That the Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty the Owner shall have the right to void this Agreement without liability whatsoever. 4.4 That the Owner acknowledges that the Engineer is a corporation and agrees that any claim made by the owner arising out of any act or omission of any director, officer or employee of the Engineer, in the execution or perfo.imance of this Agreement shall be made against G:\CONTR\YBSD-FPA AMEND\W1SEMAN-HUGHES.wpd -6- the Engineer and not against such director, officer or employee. 4.5 That the Owner and the Engineer each binds himself and his partners,successors, executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement; except as above, neither the Owner nor the Engineer shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any office or agent of any public body which may be a party hereto, nor shall it be construed as giving any right or l*enefi.ts hereunder to anyone other than the Client and the Engineer. 4.6 All Reports, Drawings, Specifications, other documents, and magnetic media prepared or furnished by the Engineer pursuant to this Agreement are instruments of service in respect to the Project, and the Engineer shall retain ownership of said documents and magnetic media including the right of reuse by and at the discretion of the Engineer whether or not the Project is completed. The Owner may retain copies, including reproducible copies, of the Engineer's documents and magnetic media for information and reference in connection with the use and occupancy of the Project by the Owner and others;however,the Engineer's documents and magnetic media are not intended or represented to be suitable for reuse by the Owner or others on additions or extensions of the project, or on any other Project. Any such reuse without written permission and verification or adaption by the Engineer for the specific purpose intended will be at the Owner's sole risk and without liability or legal exposure to the Engineer. The Owner shall indemnify and hold harmless the Engineer from all claims, damages,losses and expenses including attorneys' fees arising out of or resulting therefrom. Any furnishing of additional copies and verification or adaptation of the Engineer's comments and magnetic media will entitle the Engineer to claim and receive • additional compensation from the Owner. 4.7 The Engineer's agent shall perform the function of Agent or Representative of the Owner, during the performance of the PROJECT. The Engineer may be required to enter private properties and private premises to perform the work identified in the PROJECT. The Owner agrees to indemnify, defend and hold harmless the Engineer from any claim, suit,liability, damage,injury,cost or expense,including attorney fees, arising out of Engineer's entry into private properties and private premises, unless resulting from Engineer's negligence or wrongful conduct under Section 3.7 or as provided by law. 4.8 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. Engineer's opinions of probable total project costs and construction cost provided for the project are to be made on the basis of Engineer's experience and qualifications and represent Engineer's best judgement as an experienced and qualified professional Engineer familiar with the construction industry; but Engineer cannot and does not guarantee that proposals, bids or actual total project or construction G:\CONTR\YBSD-FPA AMEND\WTSEMAN-HUGHES.wpd -7- costs will not vary from opinions of probable cost prepared by Engineer. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in triplicate counterparts, each of which shall be considered as an original by their duly authorized officers, this day of 2005. Executed by the Owner: United City of Yorkville State of Illinois ATTEST: By By Title: City Clerk Title: Mayor Executed by the Engineer: Walter E. Deuchler Associates, Inc. 230 S. Woodlawn Avenue Aurora, IL 60506 By rtle: Presid- t G:\CONTR\YBSD-FPA AMEND\WISEMAN-HUGHES.wpd WALTER E. DEUCHLER ASSOC. INC. 2005 FEE SCHEDULE CLASSIFICATION RANGE OF BILLING RATE CLERICAL 45.00-65.00 JR. TECHNICIAN 34.00-45.00 TECHNICIAN/DRAFTSPERSON 55.00-80.00 CONSTRUCTION OBSERVER 60.00-75.00 SURVEY CREW (2 Members) 110.00-145.00 ENGINEER 70.00-90.00 PROJECT ENGINEER 90.00-110.00 PROJECT MANAGER LAND SURVEYOR PRINCIPAL 110.00-135.00 01/10/2005 0 PAGE 1 1 n e ,, aLT0 - f--4.,1L----- -.2*.se . ..L. fit: -- A, 24,. : ,-t yo...4 ost-orei.'k \,,,,_,,,,, R .., ; _ , „ „..., \ .,--, is a i -, ‘ %mot, , , iii. #.4,,,N.,,,..,,,, ___ _. • , ...,_ . _ .,..,,. .i„..,,... .,,,,, 0 ri— t is: \ - Ali 1,11.-„.-e.11,,,soatvir# 44. _ N \-� . _- a p INS_ ,...\ IP . 0'N r`� + E aoted---1,,, ipaire#A,).4 .4stp,ii-\, --- 1111,yi I /, AAA,.v o f Ett#*Ann . wimp r\< - ..._ .tittet* -uito L . irn, ,-.i EXISTING F.P.A. �'" 177 BOUNDARY / fn II �, {3 :f.AM II . d'r .ast4tf N s K i111...- „,,,,-----''. „j' 1 f i it i ” ' PROPOSED F.P.A. ' 14" 0 1 AMENDMENT AREA ___._._? . _ 11 II 1 1 1I 1 1 1 E 4 , lin 1 I 1 12" 17 � 1_ 1 II 1 I 14" 1 V �t{\ �1 1 0 ,y it V 1, ---•,,,,,-...„,„ I - L- 14. Y _ Y 1 1 it 1 4 11 ,9', 14" kI20* II Y _ ' oI it ?� c-.1 1i._-=1 J, tel` F --- 4 I1 I) ki- RSL` II n__.. p_ I H ,_ A. I I - I I K)101 I -- .c..aos YORKVILLE BRISTOL SANITARY DISTRICT WALTER E. DEUCHLER ASSOCIATES, INC. EXHIBIT A ea.....lL:.p eSny:.....e. — .S...e.e, XLINI+, Q owrc 9/ZO(OS t v c oGU Iw.w Sal �eoa C Y,«r•Z000��,,a„�r��rv\ OO-m�exH�e�r.e�,�„o>ae/o.oso/o� FACILITY PLANNING AREA AMENDMENT Nat/. ♦,co C/T Reviewed By: it, O` City Council Legal ❑ EST. 4 ° 1836 Finance ❑, Engineer Agenda Item Tracking Number u City Administrator ❑ `. 9 O Consultant ❑ j e:)a �' L� 4E `y) ❑ City Council Agenda Item Summary Memo Title: FPA Expansion—Hudson Lakes Development City Council/COW/ Committee Agenda Date: PW Committee 11/7/05 Synopsis: This proposal from Walter E. Deuchler Associates in the amount of$7500 is to add this development to YBSD's facility planning area. Funding would come from the developer. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: This property is located immediately south of Raintree Village and east of Windett Ridge ••S 1" Cir o United City of Yorkville Memo �f , '1` 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 —�- Telephone: hone: 630-553-8545 0 1 Lid Fax: 630-553-3436 Date: October 18, 2005 To: Liz D'Anna, Administrative Ass'stant From: Joe Wywrot, City Engineer - ..v\1 CC: John Wyeth, City Attorney Subject: FPA Expansion Agreement—Hudson Lakes Development Attached find one copy a proposal from Walter E. Deuchler Associates to prepare to prepare and submit FPA expansion requests to the Illinois EPA for the referenced development. The proposal is in the amount of$7,500. This property is located immediately south of Raintree Village and east of Windett Ridge. A portion of the property is already within the YBSD Facility Planning Area. The proposal is to bring the rest of the property into the FPA. This work would be funded by the city with deposits received from the developer. We would not give Deuchler the Notice to Proceed until the deposit is received. Please place this item on the Public Works Committee agenda of November 7, 2005 for consideration. ENGINEERING AGREEMENT FOR FPA AMENDMENT YBSD HUDSON LAKES DEVELOPMENT UNITED CITY OF YORKVILLE 2005 This Agreement is made and entered into this day of , 2005, by and between Walter E. Deuchler Associates, Inc. whose address is 230 S. Woodlawn Avenue, Aurora, IL 60506, hereinafter called the "Engineer", and the United City of Yorkville, Kendall County, Illinois, hereinafter called the "Owner", and covers certain professional engineering services in connection with the improvement. Witnesseth that, in consideration of these premises and of the mutual covenants herein set forth, Now,therefore,the Owner and Engineer,in consideration of their mutual covenants,herein agree in respect to the perfoirrrance of professional engineering services by the Engineer, and the payment for those services by the Owner, as set forth below. SECTION 1 - PROJECT DESCRIPTION 1.1 The Yorkville-Bristol Sanitary District(YBSD)intends to serve undeveloped lands outside of its facility planning area(FPA)with sanitary sewers, following requests from developers and property owners with intent to provide preliminary plans to the Owner for review and approval. These said undeveloped lands are located on the southeast side of the FPA as shown on the attached Exhibit A, which requires an Amendment to the Facility Plan. SECTION 2 - THE ENGINEER AGREES 2.1 To perform professional engineering services in connection with the Project, as hereinafter stated. 2.2 To serve as the Owner's professional engineering representative in those phases of the Project to which this Agreement applies, and to give consultation and advice to the Owner during the performance of services. G:\CONTR\YBSD-FPA AMEND\HUDSON-LAKES.wpd _7_ 2.3 To petition to the Illinois Environmental Protection Agency (IEPA) for a Water Quality Management Plan Amendment which will consist of the following: Summary and need of the requested amendment Geophysical information — Current FPA status — Population and household forecast — Area land uses Wastewater treatment loadings Alternative wastewater treatment Cost effectiveness of wastewater alternatives Wastewater services costs Per household user costs — Environmental characteristics of the amended area Stoiruwater Management Soil Erosion and Sediment Control Floodplain Management — Stream and wetland protection Legal Description of the amended area 2.4 To send, by certified mail, copies of the FPA Amendment to all local government agencies within 1.5 miles from the proposed amended area. 2.5 To respond to comments received by the IEPA from local government agencies. SECTION 3 - THE OWNER AGREES 3.1 To furnish available data such as utility maps, in the Amendment, available plans of proposed subdivisions and legal descriptions of those properties included. 3.2 To designate in writing a person to act as Owner's representative with respect to the services to be performed or furnished by Engineer under this Agreement. Such person will have complete authority to transmit instructions, receive information, interpret Owner's policies and decisions with respect to Engineer's services for the Project. 3.3 To pay the Engineer, for those services described in Section 2 a lump sum amount of$7,500 paid in the amount of 75% at the completion of the tasks provided in Sections 2.3 and 2.4, and the balance at the completion of the tasks described in Section 2.5. 3.4 That those services beyond the scope of Section 1 and not included in Section 2, will be considered additional work. Compensation for additional work will be paid in accordance with the attached 2005 Fee Schedule for the 2005 calendar year or the current schedule in effect after calendar year 2005. G:\CONTR\YBSD-FPA AMEND\HUDSON-LAKES.wpd -3- 3.5 That payments due the Engineer for services rendered will be made in monthly payments based upon actual work completed. 3.6 To pay Engineer within thirty (30) days after the invoice date, after which, payment will increase at an interest rate of 1.5% per month. 3.7 That Engineer has the right to suspend or terminate service if undisputed charges are not paid within forty-five(45) days of receipt of Engineer's invoice, and Owner agrees to waive any claim against Engineer arising, and to indemnify, defend, and hold Engineer harmless from and against any claims arising, other than from Engineer's negligence or wrongful conduct, from Engineer's suspension or termination due to Owner's failure to provide timely payment. Owner recognizes that any charges not paid within thirty(30) days are subject to a late payment charge equivalent to 1.5% of the balance due for each additional month or fraction thereof that undisputed charges remain unpaid. 3.8 In the event of teimination by Owner under Section 4.2 for convenience or by Engineer for cause, Engineer, in addition to invoicing for those items identified in Sections 3.3 and 3.4 shall be entitled to invoice Owner and shall be paid a reasonable amount for services and expenses (not to exceed a total of$1000.00),directly attributable to termination,both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer's Consultants, and other related close-out costs,using methods and rates for Additional Services as set forth in Section 3.4, but in addition to amounts paid thereunder. In addition a 10% charge of the unbilled amount as set forth in Section 3.3 shall be paid by the Owner to the Engineer. 3.9 To pay the Engineer an additional 8% for sublet services and outside vendor expenses. 3.10 In the event that Owner shall bring any suit, cause of action or counterclaim against Engineer, to the extent that Engineer shall prevail, Owner or the party otherwise initiating such action shall pay to Engineer the cost and expenses incurred to answer and/or defend such action, including reasonable attorneys fees and court costs. In no event shall Engineer indemnify any other party for the consequences of that party's negligence, including negligent failure to follow Engineer's recommendations. 3.11 Engineer's employees shall not be retained as expert witnesses except by separate written agreement. Owner agrees to pay Engineer pursuant to Engineer's current fee schedule for any Engineer employee(s) subpoenaed by any party as an occurrence witness as a result of Engineer's services. G:\CONTR\YBSD-FPA AMEND\HUDSON-LAKES.wpd -4- 3.12 The Engineer will not be responsible for job or site safety of the Project other than arising from validly implemented affirmative recommendations therefor. Job and site safety will be the sole responsibility of the contractor/contractors of the Project unless contracted to others. 3.13 The Owner shall require in any agreement it makes with a Contractor for the Project that the Contractor shall obtain Commercial General Liability Insurance with contractual liability and shall name the Engineer, its employees and consultants, as additional insured,with said coverage to be primary and non-contributory. In addition, the Owner agrees to name the Engineer, its employees and consultants, as an additional insured on any policy of Owner covering the Project, with said coverage to be primary and non-contributory. When Owner requests services of the Engineer in any capacity other than as a design professional, then, to the fullest extent permitted by law,the Owner shall defend,indemnify,and hold harmless the Engineer,its employees and consultants,from and against claims,damages,losses,costs, including but not limited to reasonable attorneys fees and costs, ("Losses") arising out of or resulting from the Engineers performance of services other than as a design professional (including any services that could be construed as those of a construction manager)provided that such Losses are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property to the extent caused, in whole or in part, by the contractor, subcontractor, or anyone directly or indirectly employed by them or anyone for whose acts they may be.liable. This provision shall survive the termination or completion of this Agreement. 3.14 Neither the professional activities of the Engineer, nor the presence of the Engineer or his or her employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations,duties and responsibilities including,but not limited to, construction means, methods, sequence,techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. The Engineer and his or her personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The Owner agrees that the General Contractor is solely responsible for j ob site safety,and warrants that this intent shall be made evident in the Owner's agreement with the General Contractor. The Owner also agrees that the Owner, the Engineer and the Engineer's consultants shall be indemnified and shall be made additional insureds under the General Contractor's general liability insurance policy. In addition, and notwithstanding any other provisions of this Agreement,the Owner agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Engineer, his or her officers, directors, employees, agents and subconsultants from and against all damage, liability or cost, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with the Project or the performance by any of the parties above named of the services under this Agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of the Engineer. G:\CONTR\YBSD-FPA AMEND\HUDSON-LAKES.wpd -5- 3.15 The Owner agrees to limit Engineer's liability specifically and exclusively to the Owner on the Project arising from Engineer's professional acts, errors, or omissions or breach of contract or other cause of action, such that the total aggregate liability of Engineer to all those named shall not exceed $100,000.00 or the total cumulative fees for the services rendered for this Project, whichever is greater; and Owner hereby releases Engineer from any liability above such amount. 3.16 If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. 3.17 That any difference between the Engineer and Owner concerning the interpretation of the provisions of this Agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the Engineer, one member appointed by the Owner and a third member appointed by the two other members for disposition and that the committee shall attempt to resolve the difference by formal non-binding mediation conducted in accordance with rules and procedure to be agreed upon by the parties. SECTION 4 - IT IS MUTUALLY AGREED 4.1 During the progress of work under this Agreement,the Engineer shall continuously monitor its costs and anticipated future costs, and if such monitoring indicates possible costs in excess of the amounts stated in Section 3 above, the Engineer shall immediately notify the Owner of such anticipated increase and the compensation for engineering services shall be adjusted,if any, by amendment to this Agreement. 4.2 This Agreement may be terminated by the Owner upon giving notice in writing to the Engineer at his last known post office address. Upon such termination, the Engineer shall cause to be delivered to the Owner all drawings, specifications, partial and completed estimates and data,with the understanding that all such material becomes the property of the Owner. The Engineer shall be paid for any services completed and any services partially completed in accordance with Section 3. 4.3 That the Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee, gifts,or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty the Owner shall have the right to void this Agreement without liability whatsoever. 4.4 That the Owner acknowledges that the Engineer is a corporation and agrees that any claim made by the owner arising out of any act or omission of any director, officer or employee of the Engineer, in the execution or performance of this Agreement shall be made against G:\CONTR\YBSD-FPA AlvfEND\HUDSON-LAKES.wpd -6- the Engineer and not against such director, officer or employee. 4.5 That the Owner and the Engineer each binds himself and his partners, successors, executors, administrators and assigns to the other party of this Agreement and to the painters, successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement; except as above, neither the Owner nor the Engineer shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any office or agent of any public body which may be a party hereto, nor shall it be construed as giving any right or benefits hereunder to anyone other than the Client and the Engineer. 4.6 All Reports, Drawings, Specifications, other documents, and magnetic media prepared or furnished by the Engineer pursuant to this Agreement are instruments of service in respect to the Project, and the Engineer shall retain ownership of said documents and magnetic media including the right of reuse by and at the discretion of the Engineer whether or not the Project is completed. The Owner may retain copies, including reproducible copies, of the Engineer's documents and magnetic media for information and reference in connection with the use and occupancy of the Project by the Owner and others;however,the Engineer's documents and magnetic media are not intended or represented to be suitable for reuse by the Owner or others on additions or extensions of the project, or on any other Project. Any such reuse without written permission and verification or adaption by the Engineer for the specific purpose intended will be at the Owner's sole risk and without liability or legal exposure to the Engineer. The Owner shall indemnify and hold harmless the Engineer from all claims, damages,losses and expenses including attorneys' fees arising out of or resulting therefrom. Any furnishing of additional copies and verification or adaptation of the Engineer's comments and magnetic media will entitle the Engineer to claim and receive additional compensation from the Owner. 4.7 The Engineer's agent shall perfoim the function of Agent or Representative of the Owner, during the perfolniance of the PROJECT. The Engineer may be required to enter private properties and private premises to perform the work identified in the PROJECT. The Owner agrees to indemnify, defend and hold harmless the Engineer from any claim, suit, liability, damage,injury, cost or expense,including attorney fees,arising out of Engineer's entry into private properties and private premises, unless resulting from Engineer's negligence or wrongful conduct under Section 3.7 or as provided by law. 4.8 Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s) methods of detennining prices, or over competitive bidding or market conditions. Engineer's opinions of probable total project costs and construction cost provided for the project are to be made on the basis of Engineer's experience and qualifications and represent Engineer's best judgement as an experienced and qualified professional Engineer familiar with the construction industry; but Engineer cannot and does not guarantee that proposals, bids or actual total project or construction G:\CONTR\YBSD-FPA AMEND\HUDSON-LAKES.wpd -7- costs will not vary from opinions of probable cost prepared by Engineer. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in triplicate counterparts, each of which shall be considered as an original by their duly authorized officers, this day of , 2005. Executed by the Owner: United City of Yorkville State of Illinois ATTEST: By By Title: City Clerk Title: Mayor Executed by the Engineer: Walter E. Deuchler Associates, Inc. 230 S. Woodlawn Avenue Aurora, IL 60506 By Title: Presi..ent G:\CONTR\YBSD-FPA AMEND\HUDSON-LAKES.wpd WALTER E. DEUCHLER ASSOC. INC. 2005 FEE SCHEDULE CLASSIFICATION RANGE OF BILLING RATE CLERICAL 45.00-65.00 JR. TECHNICIAN 34.00-45.00 TECHNICIAN/DRAFTSPERSON 55.00-80.00 CONSTRUCTION OBSERVER 60.00-75.00 - SURVEY CREW (2 Members) 110.00-145.00 ENGINEER 70.00-90.00 - PROJECT ENGINEER 90.00-110.00 PROJECT MANAGER LAND SURVEYOR PRINCIPAL 110.00-135.00 ':11111IMIPPI00,00Vier ,,,tio<00.- N .--,01-.iles*._ 11,71.0„v. ��� ki q,1�\ �`\'*..a mnm 9+TRT 41 1 1 � I / / I II i \ • (iii 1iv 411P e h_ _ ;i I H // I! II4, 4 �U !� _ 1114111VC:10/44,44 r...?..f. 1s ,m.,_;::,-.7: PROPOSED E.P.A. 11 \\I AMENDMENT AREA Is EXISTING F.P.A. ' BOUNDARY II I 14" 1 I 1 IA I I I 1 , 11 l 2- ..- 511 1 1 1 1 i ' 1 yl 14" 1 )--, w II �" ‘ 1 14 Y Y� i I II I 1 1 11 j I ii ,� . 14" Izo' I I I ` —3—z` 1 ' 1 Y1 IY- i I ( - I I r 1 1 1 1 oil i I �I [ I I Y , �� I z? y II ------ \, it 1 1 / �►i -- ,M.c..I, 3---` 1. ,� 30� I ,_ ;r I II II °---..11----11)-31-111-16"1- --r36 �I � II I 1 � I I 1 1 r FUTURE F.P.A. II j _a I 1 I Imo_ BOUNDARY ` " v ._m.. iliti .e. �y II I I1 Li mom 1 Immo rimms ammo \ o ! I xwso.s YORKVILLE BRISTOL SANITARY DISTRICT YICC, WALTER E. DEUCHLER ASSOCIATES, INC. EXHIBIT A 1 (J - �urtwo ! _[9/20/05 [OE PFu 10,.x s„ l lam ©x.[ -.zmo't.o,..c: ,•o.ow_oncxer,>[,a„o.earo•osoo, FACILITY PLANNING AREA AMENDMENT I 4,0 C/ry Reviewed By: J� y 0.1% Legal CICity Council EST. g..... 11836 Finance I=1 �—� Engineer R O City Administrator '❑ Agenda Item Tracking Number L =O Consultant ❑ •h `Lr LLE ‘V> CI City Council Agenda Item Summary Memo Title: FPA Expansion—MPI South Development City Council/COW/ Committee Agenda Date: PW Committee 11/7/05 Synopsis: This proposal from Walter E. Deuchler Associates in the amount of$35,000 is to add this development to YBSD's facility planning area. Funding would come from the developer. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: This property is about 1000 acres in size and is located on the west side of Route 47 between Ament Road and Caton Farm Road. #ct,o Cii.a United City of Yorkville Memo Ja '�` 800 Game Farm Road EST 14 iftrwerift 1636 Yorkville, Illinois 60560 Telephone: 630-553-8545 \ .. Fax: 630-553-3436 I. Kendall Canty 4,g.E Date: October 18, 2005 To: Liz D'Anna, Administrative \3Assistants From: Joe Wywrot, City Engineer - �.,�"J CC: John Wyeth, City Attorney Subject: FPA Expansion Agreement—MPI South Development Attached find one copy a proposal from Walter E. Deuchler Associates to prepare to prepare and submit FPA expansion requests to the Illinois EPA for the referenced development. The proposal is in the amount of$35,000. This property is located on the west side of Route 47 between Ament Road and Caton Farm Road. This work would be funded by the city with deposits received from the developer. We would not give Deuchler the Notice to Proceed until the deposit is received. Please place this item on the Public Works Committee agenda of November 7, 2005 for consideration. • ENGINEERING AGREEMENT FOR FPA AMENDMENT YBSD MPI II PROPERTIES UNITED CITY OF YORKVILLE 2005 This Agreement is made and entered into this day of , 2005, by and between Walter E. Deuchler Associates, Inc. whose address is 230 S. Woodlawn Avenue, Aurora, IL 60506, hereinafter called the "Engineer", and the United City of Yorkville, Kendall County, Illinois, hereinafter called the "Owner", and covers certain professional engineering services in connection with the improvement. Witnesseth that, in consideration of these premises and of the mutual covenants herein set forth, Now, therefore,the Owner and Engineer, in consideration of their mutual covenants,herein agree in respect to the perfoi_niance of professional engineering services by the Engineer, and the payment for those services by the Owner, as set forth below. SECTION 1 - PROJECT DESCRIPTION 1.1 The Yorkville-Bristol Sanitary District(YBSD)intends to serve undeveloped lands outside of its facility planning area(FPA) with sanitary sewers, following requests from developers and property owners with intent to provide preliminary plans to the Owner for review and approval. These said undeveloped lands are located on the south side of the FPA as shown on the attached Exhibit A, which requires an Amendment to the Facility Plan. SECTION 2 - THE ENGINEER AGREES 2.1 To perform professional engineering services in connection with the Project, as hereinafter stated. 2.2 To serve as the Owner's professional engineering representative in those phases of the Project to which this Agreement applies, and to give consultation and advice to the Owner during the performance of services. G:\CONTR\YBSD-FPA AMEND\MPI-1T.wpd -2- 2.3 To petition to the Illinois Environmental Protection Agency (TEPA) for a Water Quality Management Plan Amendment which will consist of the following: Summary and need of the requested amendment Geophysical information Current FPA status Population and household forecast Area land uses Wastewater treatment loadings Alternative wastewater treatment Cost effectiveness of wastewater alternatives Wastewater services costs Per household user costs Environmental characteristics of the amended area — Stormwater Management — Soil Erosion and Sediment Control Floodplain Management Stream and wetland protection Legal Description of the amended area 2.4 To send, by certified mail, copies of the FPA Amendment to all local government agencies within 1.5 miles from the proposed amended area. 2.5 To respond to comments received by the IEPA from local government agencies. SECTION 3 - THE OWNER AGREES 3.1 To furnish available data such as utility maps, in the Amendment, available plans of proposed subdivisions and legal descriptions of those properties included. 3.2 To designate in writing a person to act as Owner's representative with respect to the services to be performed or furnished by Engineer under this Agreement. Such person will have complete authority to transmit instructions, receive information, interpret Owner's policies and decisions with respect to Engineer's services for the Project. 3.3 To pay the Engineer, for those services described in Section 2 a lump sum amount of $35,000 paid in the amount of 75% at the completion of the tasks provided in Sections 2.3 and 2.4, and the balance at the completion of the tasks described in Section 2.5. 3.4 That those services beyond the scope of Section 1 and not included in Section 2, will be considered additional work. Compensation for additional work will be paid in accordance with the attached 2005 Fee Schedule for the 2005 calendar year or the current schedule in effect after calendar year 2005. G:\CONTR\YBSD-FPA AMEND\MPI-II.wpd -3- 3. 3.5 That payments due the Engineer for services rendered will be made in monthly payments based upon actual work completed. 3.6 To pay Engineer within thirty (30) days after the invoice date, after which, payment will increase at an interest rate of 1.5% per month. 3.7 That Engineer has the right to suspend or terminate service if undisputed charges are not paid within forty-five(45) days of receipt of Engineer's invoice, and Owner agrees to waive any claim against Engineer arising, and to indemnify, defend, and hold Engineer harmless from and against any claims arising, other than from Engineer's negligence or wrongful conduct,from Engineer's suspension or termination due to Owner's failure to provide timely payment. Owner recognizes that any charges not paid within thirty(30) days are subject to a late payment charge equivalent to 1.5% of the balance due for each additional month or fraction thereof that undisputed charges remain unpaid. 3.8 In the event of termination by Owner under Section 4.2 for convenience or by Engineer for cause, Engineer, in addition to invoicing for those items identified in Sections 3.3 and 3.4 shall be entitled to invoice Owner and shall be paid a reasonable amount for services and expenses (not to exceed a total of$1000.00), directly attributable to termination,both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer's Consultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Section 3.4, but in addition to amounts paid thereunder. In addition a 10% charge of the unbilled amount as set forth in Section 3.3 shall be paid by the Owner to the Engineer. 3.9 To pay the Engineer an additional 8% for sublet services and outside vendor expenses. 3.10 In the event that Owner shall bring any suit, cause of action or counterclaim against Engineer, to the extent that Engineer shall prevail, Owner or the party otherwise initiating such action shall pay to Engineer the cost and expenses incurred to answer and/or defend such action, including reasonable attorneys fees and court costs. In no event shall Engineer indemnify any other party for the consequences of that party's negligence, including negligent failure to follow Engineer's recommendations. 3.11 Engineer's employees shall not be retained as expert witnesses except by separate written agreement. Owner agrees to pay Engineer pursuant to Engineer's current fee schedule for any Engineer employee(s) subpoenaed by any party as an occurrence witness as a result of Engineer's services. G:\CONTR\YBSD-FPA AMEND\MP1-IT.wpd -4- 3.12 The Engineer will not be responsible for job or site safety of the Project other than arising from validly implemented affirmative recommendations therefor. Job and site safety will be the sole responsibility of the contractor/contractors of the Project unless contracted to others. 3.13 The Owner shall require in any agreement it makes with a Contractor for the Project that the Contractor shall obtain Commercial General Liability Insurance with contractual liability and shall name the Engineer, its employees and consultants, as additional insured,with said coverage to be primary and non-contributory. In addition, the Owner agrees to name the Engineer, its employees and consultants, as an additional insured on any policy of Owner covering the Project, with said coverage to be primary and non-contributory. When Owner requests services of the Engineer in any capacity other than as a design professional, then, to the fullest extent permitted by law,the Owner shall defend, indemnify, and hold harmless the Engineer,its employees and consultants,from and against claims,damages,losses,costs, including but not limited to reasonable attorneys fees and costs, ("Losses") arising out of or resulting from the Engineers performance of services other than as a design professional (including any services that could be construed as those of a construction manager)provided that such Losses are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property to the extent caused, in whole or in part, by the contractor, subcontractor, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable. This provision shall survive the termination or completion of this Agreement. 3.14 Neither the professional activities of the Engineer, nor the presence of the Engineer or his or her employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations,duties and responsibilities including,but not limited to, construction means,methods, sequence,techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. The Engineer and his or her personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The Owner agrees that the General Contractor is solely responsible for j ob site safety, and warrants that this intent shall be made evident in the Owner's agreement with the General Contractor. The Owner also agrees that the Owner, the Engineer and the Engineer's consultants shall be indemnified and shall be made additional insureds under the General Contractor's general liability insurance policy. In addition, and notwithstanding any other provisions of this Agreement,the Owner agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Engineer, his or her officers, directors, employees, agents and subconsultants from and against all damage, liability or cost, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with the Project or the performance by any of the parties above named of the services under this Agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of the Engineer. G:\CONTR\YBSD-FPA AMEND\MPI-II.wpd -5- 3.15 The Owner agrees to limit Engineer's liability specifically and exclusively to the Owner on the Project arising from Engineer's professional acts, errors, or omissions or breach of contract or other cause of action, such that the total aggregate liability of Engineer to all those named shall not exceed £100,000.00 or the total cumulative fees for the services rendered for this Project, whichever is greater; and Owner hereby releases Engineer from any liability above such amount. 3.16 If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. 3.17 That any difference between the Engineer and Owner concerning the interpretation of the provisions of this Agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the Engineer, one member appointed by the Owner and a third member appointed by the two other members for disposition and that the committee shall attempt to resolve the difference by formal non-binding mediation conducted in accordance with rules and procedure to be agreed upon by the parties. SECTION 4 - IT IS MUTUALLY AGREED 4.1 During the progress of work under this Agreement,the Engineer shall continuously monitor its costs and anticipated future costs, and if such monitoring indicates possible costs in excess of the amounts stated in Section 3 above, the Engineer shall immediately notify the Owner of such anticipated increase and the compensation for engineering services shall be adjusted, if any, by amendment to this Agreement. • 4.2 This Agreement may be terminated by the Owner upon giving notice in writing to the Engineer at his last known post office address. Upon such termination, the Engineer shall cause to be delivered to the Owner all drawings, specifications, partial and completed estimates and data,with the understanding that all such material becomes the property of the Owner. The Engineer shall be paid for any services completed and any services partially completed in accordance with Section 3. 4.3 That the Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty the Owner shall have the right to void this Agreement without liability whatsoever. 4.4 That the Owner acknowledges that the Engineer is a corporation and agrees that any claim made by the owner arising out of any act or omission of any director, officer or employee of the Engineer, in the execution or performance of this Agreement shall be made against G:\CONTR\YBSD-FPA AMEND\MPI-Il.wpd -6- the Engineer and not against such director, officer or employee. 4.5 That the Owner and the Engineer each binds himself and his partners, successors, executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement; except as above, neither the Owner nor the Engineer shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any office or agent of any public body which may be a party hereto, nor shall it be construed as giving any right or benefits hereunder to anyone other than the Client and the Engineer. 4.6 All Reports, Drawings, Specifications, other documents, and magnetic media prepared or furnished by the Engineer pursuant to this Agreement are instruments of service in respect to the Project, and the Engineer shall retain ownership of said documents and magnetic media including the right of reuse by and at the discretion of the Engineer whether or not the Project is completed. The Owner may retain copies, including reproducible copies, of the Engineer's documents and magnetic media for information and reference in connection with the use and occupancy of the Project by the Owner and others;however,the Engineer's documents and magnetic media are not intended or represented to be suitable for reuse by the Owner or others on additions or extensions of the project, or on any other Project. Any such reuse without written pei mission and verification or adaption by the Engineer for the specific purpose intended will be at the Owner's sole risk and without liability or legal exposure to the Engineer. The Owner shall indemnify and hold harmless the Engineer froth all claims, damages,losses and expenses including attorneys' fees arising out of or resulting therefrom. Any furnishing of additional copies and verification or adaptation of the Engineer's comments and magnetic media will entitle the Engineer to claim and receive additional compensation from the Owner. 4.7 The Engineer's agent shall perform the function of Agent or Representative of the Owner, during the performance of the PROJECT. The Engineer may be required to enter private properties and private premises to perform the work identified in the PROJECT. The Owner agrees to indemnify, defend and hold harmless the Engineer from any claim, suit, liability, damage, injury,cost or expense,including attorney fees, arising out of Engineer's entry into private properties and private premises, unless resulting from Engineer's negligence or wrongful conduct under Section 3.7 or as provided by law. 4.8 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. Engineer's opinions of probable total project costs and construction cost provided for the project are to be made on the basis of Engineer's experience and qualifications and represent Engineer's best judgement as an experienced and qualified professional Engineer familiar with the construction industry; but Engineer cannot and does not guarantee that proposals, bids or actual total project or construction G:\CONTR\YBSD-FPA AMEND\MYI-Il.wpd -7- costs will not vary from opinions of probable cost prepared by Engineer. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in triplicate counterparts, each of which shall be considered as an original by their duly authorized officers, this day of , 2005. Executed by the Owner: United City of Yorkville State of Illinois ATTEST: By By Title: City Clerk Title: Mayor Executed by the Engineer: Walter E. Deuchler Associates, Inc. 230 S. Woodlawn Avenue Aurora, IL 60506 • By Title: President G:\CONTR\YBSD-FPA AMEND\MPI-ll.wpd WALTER E. DEUCHLER ASSOC. INC. 2005 FEE SCHEDULE CLASSIFICATION RANGE OF BILLING RATE CLERICAL 45.00-65.00 JR. TECHNICIAN 34.00-45.00 TECHNICIANIDRAFTSPERSON 55.00-80.00 CONSTRUCTION OBSERVER 60.00-75.00 SURVEY CREW (2 Members) 110.00-145.00 ENGINEER 70.00-90.00 PROJECT ENGINEER 90.00-110.00 PROJECT MANAGER LAND SURVEYOR PRINCIPAL 110.00-135.00 01/10/2005 0 PAGE 1 111. ---- / ,,..) ,___________ \ „,...„m„,/ _- , , , \ \r-\ , c_/_ 101 EXISTING F.P.A. -� � ,r BOUNDARY �� I j o1. I i \ I I I Ii 1 \ i :_z_ i tr i`.� \ j ii` ,,\___ � �' xFY^ .,. '04.4,04' ' �� 1 � , r 4*41 i " s ms's .,„,m 1 — I h b1 1 I , �< .4,4.70,,, ,,,,....4. \ '01,1104,1 Y S - 0• 13 N sy \ I r .i'eA*,4�r 4ei�11 0 f feu, ; '1 t 1 "`.i,_� ° � �: ye0,4040' Qa- `16!7-4 1 —_\ �� \ '� A',^,, t i P. Mil p ,. 414 ' 1 N f� i'a); t 4. x a '' � I I I $*a� 1 I _ I — / 36 PROPOSED F.P.A. tvv' Y . AMENDMENT AREA i 0'4‘'P# ` 1 I 414 - FUTURE F.P.A. � 1 1 / _ I .�.. BOUNDARY I i rif",,A,V;gfilt,,470,01 a i rytff{s1r Q yf',1 ;f3 f '0 y �)51Cts ,x -4. ` , ,:r(1P,2-,4 a .4s '�,tee' 0,z �r�� •{h3 I sx,R . " ` 1I 1' r t`` xs ' . h tKjaA,laaP.tFt'1 .i Ala+ )-- 1 }——— 1 • -3--- 24" 18" �� 20"O. I — �� �� t 1 II nc�so..s YORKVILLE BRISTOL SANITARY DISTRICT WALTER E. DEnnUCALFR ASSOCIATES, INC. EXHIBIT A 1 OS/seirs, 6± — ....1.,...,.., JWIMA.[9/20/05 10ESoco Pru loaA..SAL Ix,. I eou ©sc.,,=200010.0 D,F-Vs,\O O50-O,\Cx0,B,iA{x.„o lea/O.O O/O, FACILITY PLANNING AREA AMENDMENT °` 1 4.0 co„ Reviewed By: OLegal 0 City Council A :1 N. Finance ❑ EST.14 1836 Engineer City Administrator ❑ Agenda Item Tracking Number �O Consultant ❑ PW c4( ) E I NwNW County ` 114CE ‘N'N' ❑ City Council Agenda Item Summary Memo Title: FPA Expansion—Schramm Property City Council/COW/ Committee Agenda Date: PW Committee 11/7/05 Synopsis: This proposal from Walter E. Deuchler Associates in the amount of$7500 is to add this development to YBSD's facility planning area. Funding would come from the developer. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: This property is located east of Route 47 along the south side of Baseline Road. .s. ,it Ciro United City of Yorkville Memo a ,s_,, �` 800 Game Farm Road EST = is36 Yorkville, Illinois 60560 Telephone: 630-553-8545 o ito Fax: 630-553-3436 lI<LE `•v Date: October 27, 2005 To: Liz D'Anna, Administrative Assistant From: Joe Wywrot, City Engineer p U r CC: John Wyeth, City Attorney Subject: FPA Expansion Agreement— Schramm Property Attached find one copy a proposal from Walter E. Deuchler Associates to prepare to prepare and submit FPA expansion requests to the Illinois EPA for the referenced development. The proposal is in the amount of$7,500. This property is located east of Route 47 along the south side of Baseline Road. This work would be funded by the city with deposits received from the property owner. We would not give Deuchler the Notice to Proceed until the deposit is received. Please place this item on the Public Works Committee agenda of November 7, 2005 for consideration. ENGINEERING AGREEMENT FOR FPA AMENDMENT YBSD SCHRAMVIM PROPERTY UNITED CITY OF YORKVILLE 2005 This Agreement is made and entered into this day of , 2005, by and between Walter E. Deuchler Associates, Inc. whose address is 230 S. Woodlawn Avenue, Aurora, IL 60506, hereinafter called the "Engineer", and the United City of Yorkville, Kendall County, Illinois, hereinafter called the "Owner", and covers certain professional engineering services in connection with the improvement. Witnesseth that, in consideration of these premises and of the mutual covenants herein set forth, Now,therefore,the Owner and Engineer,in consideration of their mutual covenants,herein agree in respect to the performance of professional engineering services by the Engineer, and the payment for those services by the Owner, as set forth below. SECTION 1 - PROJECT DESCRIPTION 1.1 The Yorkville-Bristol Sanitary District(YB SD) intends to serve undeveloped lands outside of its facility planning area(FPA)with sanitary sewers, following requests from developers and property owners with intent to provide preliminary plans to the Owner for review and approval. These said undeveloped lands are located on the north side of the FPA as shown on the attached Exhibit A, which requires an Amendment to the Facility Plan. SECTION 2 - THE ENGINEER AGREES 2.1 To perform professional engineering services in connection with the Project, as hereinafter stated. 2.2 To serve as the Owner's professional engineering representative in those phases of the Project to which this Agreement applies, and to give consultation and advice to the Owner during the performance of services. G.\CONTR\YBSD-FPA AMEND\SCHRAMM-PROPERTY.wpd -2- 2.3 To petition to the Illinois Environmental Protection Agency (IEPA) for a Water Quality Management Plan Amendment which will consist of the following: Summary and need of the requested amendment — Geophysical infoiuiation — Current FPA status - Population and household forecast - Area land uses - Wastewater treatment loadings Alternative wastewater treatment Cost effectiveness of wastewater alternatives - Wastewater services costs - Per household user costs — Environmental characteristics of the amended area Stoiniwater Management Soil Erosion and Sediment Control - Floodplain Management Stream and wetland protection - Legal Description of the amended area 2.4 To send,by certified mail, copies of the FPA Amendment to all local government agencies within 1.5 miles from the proposed amended area. 2.5 To respond to comments received by the IEPA from local government agencies. SECTION 3 - THE OWNER AGREES 3.1 To furnish available data such as utility maps, in the Amendment, available plans of proposed subdivisions and legal descriptions of those properties included. 3.2 To designate in writing a person to act as Owner's representative with respect to the services to be perfoimed or furnished by Engineer under this Agreement. Such person will have complete authority to transmit instructions, receive infoiination, interpret Owner's policies and decisions with respect to Engineer's services for the Project. 3.3 To pay the Engineer, for those services described in Section 2 a lump sum amount of$7,500 paid in the amount of 75% at the completion of the tasks provided in Sections 2.3 and 2.4, and the balance at the completion of the tasks described in Section 2.5. 3.4 That those services beyond thescope of Section 1 and not included in Section 2, will be considered additional work. Compensation for additional work will be paid in accordance with the attached 2005 Fee Schedule for the 2005 calendar year or the current schedule in effect after calendar year 2005. G:\CONTR\YBSD-FPA AMEND\SCHRAMM-PROPERTY.wpd -3- 3.5 That payments due the Engineer for services rendered will be made in monthly payments based upon actual work completed. 3.6 To pay Engineer within thirty (30) days after the invoice date, after which, payment will increase at an interest rate of 1.5% per month. 3.7 That Engineer has the right to suspend or teiminate service if undisputed charges are not paid within forty-five (45) days of receipt of Engineer's invoice, and Owner agrees to waive any claim against Engineer arising, and to indemnify, defend, and hold Engineer hainiless from and against any claims arising, other than from Engineer's negligence or wrongful conduct, from Engineer's suspension or termination due to Owner's failure to provide timely payment. Owner recognizes that any charges not paid within thirty(30) days are subject to a late payment charge equivalent to 1.5% of the balance due for each additional month or fraction thereof that undisputed charges remain unpaid. 3.8 In the event of teimination by Owner under Section 4.2 for convenience or by Engineer for cause, Engineer, in addition to invoicing for those items identified in Sections 3.3 and 3.4 shall be entitled to invoice Owner and shall be paid a reasonable amount for services and expenses(not to exceed a total of$1000.00),directly attributable to teimination,both before and after the effective date of termination, such as reassignment of personnel, costs of tenminating contracts with Engineer's Consultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Section 3.4, but in addition to _ amounts paid thereunder. In addition a 10% charge of the unbilled amount as set forth in Section 3.3 shall be paid by the Owner to the Engineer. 3.9 To pay the Engineer an additional 8% for sublet services and outside vendor expenses. 3.10 In the event that Owner shall bring any suit, cause of action or counterclaim against Engineer, to the extent that Engineer shall prevail, Owner or the party otherwise initiating such action shall pay to Engineer the cost and expenses incurred to answer and/or defend such action, including reasonable attorneys fees and court costs. In no event shall Engineer indemnify any other party for the consequences of that party's negligence, including negligent failure to follow Engineer's recommendations: 3.11 Engineer's employees shall not be retained as expert witnesses except by separate written agreement. Owner agrees to pay Engineer pursuant to Engineer's current fee schedule for any Engineer employee(s) subpoenaed by any party as an occurrence witness as a result of Engineer's services. G:\CONTR\YBSD-FPA AMEND\SCHRAMM-PROPERTY.wpd -4- 3.12 The Engineer will not be responsible for job or site safety of the Project other than arising from validly implemented affirmative recommendations therefor. Job and site safety will be the sole responsibility of the contractor/contractors of the Project unless contracted to others. 3.13 The Owner shall require in any agreement it makes with a Contractor for the Project that the Contractor shall obtain Commercial General Liability Insurance with contractual liability and shall name the Engineer, its employees and consultants, as additional insured, with said coverage to be primary and non-contributory. In addition, the Owner agrees to name the Engineer, its employees and consultants, as an additional insured on any policy of Owner covering the Project, with said coverage to be primary and non-contributory. When Owner requests services of the Engineer in any capacity other than as a design professional, then, to the fullest extent permitted by law,the Owner shall defend,indemnify, and hold harmless the Engineer,its employees and consultants,from and against claims,damages,losses,costs, including but not limited to reasonable attorneys fees and costs, ("Losses") arising out of or resulting from the Engineers performance of services other than as a design professional (including any services that could be construed as those of a construction manager)provided •that such Losses are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property to the extent caused, in whole or in part, by the contractor, subcontractor, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable. This provision shall survive the termination or completion of this Agreement. 3.14 Neither the professional activities of the Engineer, nor the presence of the Engineer or his or her employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations,duties and responsibilities including,but not limited to, construction means,methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. The Engineer and his or her personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The Owner agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the Owner's agreement with the General Contractor. The Owner also agrees that the Owner, the Engineer and the Engineer's consultants shall be indemnified and shall be made additional insureds under the General Contractor's general liability insurance policy. In addition, and notwithstanding any other provisions of this Agreement,the Owner agrees, to the fullest extent permitted by law, to indemnify and hold harmless. the Engineer, his or her officers, directors, employees, agents and subconsultants from and against all damage, liability or cost, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with the Project or the performance by any of the parties above named of the services under this Agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of the Engineer. G:\CONTR\YBSD-FPA AMEND\SCHRAMM-PROPERTY.wpd -5- 3.15 The Owner agrees to limit Engineer's liability specifically and exclusively to the Owner on the Project arising from Engineer's professional acts, errors, or omissions or breach of contract or other cause of action, such that the total aggregate liability of Engineer to all those named shall not exceed $100,000.00 or the total cumulative fees for the services rendered for this Project, whichever is greater; and Owner hereby releases Engineer from any liability above such amount. 3.16 If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. 3.17 That any difference between the Engineer and Owner concerning the interpretation of the provisions of this Agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the Engineer, one member appointed by the Owner and a third member appointed by the two other members for disposition and that the committee shall attempt to resolve the difference by founal non-binding mediation conducted in accordance with rules and procedure to be agreed upon by the parties. SECTION 4 - IT IS MUTUALLY AGREED 4.1 During the progress of work under this Agreement,the Engineer shall continuously monitor its costs and anticipated future costs, and if such monitoring indicates possible costs in excess of the amounts stated in Section 3 above, the Engineer shall immediately notify the Owner of such anticipated increase and the compensation for engineering services shall be adjusted, if any, by amendment to this Agreement. 4.2 This Agreement may be teiminated by the Owner upon giving notice in writing to the Engineer at his last known post office address. Upon such teimination, the Engineer shall cause to be delivered to the Owner all drawings, specifications, partial and completed estimates and data, with the understanding that all such material becomes the property of the Owner. The Engineer shall be paid for any services completed and any services partially completed in accordance with Section 3. 4.3 That the Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty the Owner shall have the right to void this Agreement without liability whatsoever. 4.4 That the Owner acknowledges that the Engineer is a corporation and agrees that any claim made by the owner arising out of any act or omission of any director, officer or employee of the Engineer, in the execution or perfolivance of this Agreement shall be made against G:\CONTR\YBSD-FPA AMEND\SCHRAMM-PROPERTY.wpd -6- the Engineer and not against such director, officer or employee. 4.5 That the Owner and the Engineer each binds himself and his partners,successors, executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement; except as above, neither the Owner nor the Engineer shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any office or agent of any public body which may be a party hereto, nor shall it be construed as giving any right or benefits hereunder to anyone other than the Client and the Engineer. 4.6 All Reports, Drawings, Specifications, other documents, and magnetic media prepared or furnished by the Engineer pursuant to this Agreement are instruments of service in respect to the Project, and the Engineer shall retain ownership of said documents and magnetic media including the right of reuse by and at the discretion of the Engineer whether or not the Project is completed. The Owner may retain copies, including reproducible copies, of the Engineer's documents and magnetic media for information and reference in connection with the use and occupancy of the Project by the Owner and others;however,the Engineer's documents and magnetic media are not intended or represented to be suitable for reuse by the Owner or others on additions or extensions of the project, or on any other Project. Any such reuse without written permission and verification or adaption by the Engineer for the specific purpose intended will be at the Owner's sole risk and without liability or legal. exposure to the Engineer. The Owner shall indemnify and hold harmless the Engineer from all claims, damages,losses and expenses including attorneys' fees arising out of or resulting therefrom. Any furnishing of additional copies and verification or adaptation of the Engineer's comments and magnetic media will entitle the Engineer to claim and receive additional compensation from the Owner. 4.7 The Engineer's agent shall perform the function of Agent or Representative of the Owner, during the performance of the PROJECT. The Engineer may be required to enter private properties and private premises to perform the work identified in the PROJECT. The Owner agrees to indemnify, defend and hold harmless the Engineer from any claim, suit, liability, damage,injury, cost or expense,including attorney fees, arising out of Engineer's entry into private properties and private premises, unless resulting from Engineer's. negligence or wrongful conduct under Section 3.7 or as provided by law. 4.8 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. Engineer's opinions of probable total project costs and construction cost provided for the project are to be made on the basis of Engineer's experience and qualifications and represent Engineer's best judgement as an experienced and qualified professional Engineer familiar with the construction industry; but Engineer cannot and does not guarantee that proposals, bids or actual total project or construction G:\CONTR\YBSD-FPA AMEND\SCHRAMM-PROPERTY.wpd -7- costs will not vary from opinions of probable cost prepared by Engineer. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in triplicate counterparts, each of which shall be considered as an original by their duly authorized officers, this day of , 2005. Executed by the Owner: United City of Yorkville State of Illinois ATTEST: By By Title: City Clerk Title: Mayor Executed by the Engineer: Walter E. Deuchler Associates, Inc. 230 S. Woodlawn Avenue • Aurora, IL 60506 By Title: President • G_\CONTR\YBSD-FPA AMEND\SCHRAMM-PROPERTY.wpd WALTER E. DEUCHLER ASSOC. INC. 2005 FEE SCHEDULE CLASSIFICATION RANGE OF BILLING RATE CLERICAL 45.00-65.00 JR. TECHNICIAN 34.00-45.00 TECHNICIAN/DRAFTSPERSON 55.00-80.00 CONSTRUCTION OBSERVER 60.00-75.00 SURVEY CREW (2 Members) 110.00-145.00 ENGINEER 70.00-90.00 PROJECT ENGINEER 90.00-110.00 PROJECT MANAGER LAND. SURVEYOR • PRINCIPAL 110.00-135.00 m. r_________ I �.. I z ,.rte r x of :; . > r PROPOSED F.P.A. 4 ° ',� ,: ; AMENDMENT AREA ,� j, , ,,-,A, ,,,,,, ,,,,,,r,,,,,,,op,*ty,104, "-A$'7,t`: '''''' ''' "'''' ..L______ : I / 1 :) :o c„ ollibur __ �� ® EXISTING F.P.A. I- N hilr '-'RN BOUNDARY NMI cl- N / `',N, / N 0 ry 41 i � N I r Li 1 30 /vN . 24" " )1 - 1 16 ri Th -7 1 1 ___ mil lall. 11111111b7 alessuz I - ! - ix -� 12 :� ,�` 1IOI ism Y . 11111 MirrIP. milk 1 .........-- ....--a.mil •II=1 , .-- . r. Air I •••1111111.1111.1111 I 1 _�__ .---:::--1.-7:1,� � /a - I \1 It‘.44__Hioix. op i Vii- �,, ?6' liaral 1' • - , Wi" rTh3 All I 401,11111L iii .��� Y i 001 = v- lphirv. / ♦40 n. ne a \ 1 \ mt6 e ell O. IT A411 0 .i . uo •I.nwa 341 ,- I L.41/41,. ,_. guffaw," • imernisdk/ .,,_3 , 14k#46_ ' L ri,glih*.Elltialtt.:1-,"ftamillny:4404,10)11.1144111-11%. - A P E imp- 2"Heft am rift 111"0104 Aillh' ib' 2 Nona tvaim hi :" LP1 /^�' r-E yam. y -•guise r and z ir"�'ly es Mai - tf� �, �����, p- I Il s'��a- ♦♦��AIA I i-_�I to :�*trA A WALTER E. DRjUCHTJ R ASSOCIATES, INCA i O"s YORKVILLE BRISTOL SANITARY DISTRICT « l/ii V(ll Pi - o 9/20/05 SEs PF4 i�._5. l.o �9 EXHIBIT A 1 ©m.�c�'-z000��.oa„�r��rv�o.oso-a��evH�airra�.,�.,a,zea/a.o5o/oi FACILITY PLANNING AREA AMENDMENT ' 1 ii-O C/7.l- Reviewed By: J* 0 Legal ❑ City Council 114 n e �' ma oFinance ❑ EST. isss Engineer"if CI-t 6 0 City Administrator ❑ Agenda Item Tracking Number _�Consultant ❑ /4CE v,'Ni PA) City Councill/Agenda Item Summary Memo Title: fig/�� ,4/( ?03 City Council/COW/Committee Agenda Date: - i4) /l 7.7--4 ..-----,,. ,Synopsis: 7'-' ,57, /3///77 L--)r ��/C~ c/ ��C ' /—v t' 7 ,<'4g- Council Action Previously Taken: (Ji/aC �' Date of Action: Action Taken: Item Number: Type of Vote Required: -Emrnei1Action Requested: L CA-='- C_CliK�C..t CM,.'- v A Submitted by: A/ G / Name Department Agenda Item Notes: I - -1 -Y -G F-.- 1-\-k- C _O .K-. ' ���� co /7.). r o United City of Yorkville Memo $TPub�, '0 lic Works Department EST.iirl LIA*1836 800 Game Farm Road Yorkville Illinois 60560 111 1,Jcs- �O Telephone: 630-553-4370 41-e 01 Fax: 630-553-4377 Date: October 18, 2005 To: Joe Besco, Chairman From: Eric Dhuse, Director of Public Works __,_ CC: Art Prochaska, Mayor, Public Works Commit ee Subject: Space needs Joe, With the awarding of the water treatment facility, we at public works will be severely limited on space this winter. I would like to explore the option of renting space to store some of our seasonal equipment for the winter. I would like to fund it out of the line item in the public works capital fund that was set aside for the salt dome,but if that is not possible, I would have to fund it out of building maintenance. I would ask that this be placed on the November 7, 2005 Public Works committee meeting for discussion. If you have any questions or concerns, please let me know. 4.D Co., Reviewed By: 14 0 Le al CI City Council 4 r 1,.,..g EST. ®r 1836' Finance ❑• �� Engineer CI �� (4 City Administrator ElAgenda Item Tracking Number �0 Consultant ❑ PW ;71a(, 3 C I CI City Council Agenda Item Summary Memo Title: Heartland Circle Construction Traffic City Council/ COW/ Committee Agenda Date: PW Committee 11/7/05 Synopsis: With the substantial completion of the public infrastructure in Heartland Circle, should the construction traffic restriction on Spring Street be lifted? Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: .c,o co., City of Yorkville Memo ',, -0 800 Game Farm Road EST 14 tastme susYorkville, Illinois 60560 CF) Telephone: 630-553-8545 11 s Fax: 630-553-3436 NI.E ‘‘'‘' Date: November 3, 2005 To: Liz D'Anna, Administrative Assistant From: Joe Wywrot, City Engineer \;._ k,_ CC: John Wyeth, City Attorney Subject: Heartland Circle—Construction Traffic During negotiation of the development agreement for Heartland Circle, we had received many comments from residents on Spring Street about the anticipated construction traffic. They were concerned that Spring Street would carry the majority of that traffic, and requested that the traffic access the development some other way. Richard Marker Associates agreed to allow that traffic through their Heartland in Yorkville subdivision, which had a limited number of residents at the time. A detour route was posted, and was fairly successful in diverting construction traffic away from Spring Street. Since that time the majority of the public infrastructure in Heartland Circle has been completed. Heartland in Yorkville has almost completely built out, and the asphalt surface course in that development was paved earlier this year. Construction of individual homesites,however, still requires large trucks to deliver and haul away equipment and material. We have received several requests from residents of Heartland in Yorkville to stop the detour of construction traffic through their streets. They are concerned about the large trucks navigating the sharp curves and tight corners in their subdivision. They don't understand why their neighborhoods and families are less important than those on Spring Street. Please place this item on the Public Works Committee agenda of November 7, 2005 for discussion. N X17 „co) C/p y Reviewed By: Legal ❑ City Council EST. '11181111836 Finance ❑ 1 Engineer City Administrator ❑ Agenda Item Tracking Number 9$1 4,...Z• Consultant ❑ 7W r-CC " C kandsH County City Council Agenda Item Summary Memo Title: Concrete Roadway Pavement Striping—Change Order#1 City Council/COW/Committee Agenda Date: PW Committee 11/7/05 Synopsis: This is the final balancing change order in the amount of a$L003.55 increase. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: �t,0 co)._ United City of Yorkville Memo J '" 800 Game Farm Road EST.% 1836 Yorkville, Illinois 60560 O m Telephone: 630-553-8545 Fax: 630-553-3436 Date: November 1, 2005 To: Liz D'Anna, Administrative Assistant From: Joe Wywrot, City Engineer = • .' J CC: Traci Pleckham, Finance Director Subject: 2005 Concrete Roadway Pavement Striping—Change Order#1 Attached find one copy of proposed Change Order No. 1 for the referenced project. This change order, in the amount of a $1,003.55 increase, is the final balancing change order for this project. The striping of the concrete roadways that were constructed for the Menards Commercial Commons development was very close to plan quantity. The difference was due to a double-yellow line we added on McHugh Road between Walnut Street and Farmstead Drive. This is a section of roadway that didn't have any striping, and we wanted provide some delineation between the northbound and southbound lanes, especially in the curve near Marketplace Drive. The work is complete and I recommend that this change order be approved. Please place this'item on the Public Works Committee agenda of November 7, 2005 for consideration. UNITED CITY OF YORKVILLE 2005 Concrete Roadway Pavement Striping Change Order No 1 (Final) Maintenance Coatings Date: 25-Oct-05 543 Woodbury Street South Elgin, IL. 60177 Phone(847)622-0020 Fax(847)622-1087 Awarded Final Difference in No. Item Quantity Quantity Difference Unit Unit Price Cost 1 A.Pavement Marking Removal 1 1 LS $1.00 $0.00 2 Traffic Control and Protection - 1 1 LS $1.00 $0.00 3 Epoxy Pavement Marking -4" Line 14968 17610 2642 FT $0.30 $792.60 4 Epoxy Pavement Marking-6" Line 4507 4719 212 FT $0.58 $122.96 5 Epoxy Pavement Marking- 12" Line 431 428 -3 FT $1.75 -$5.25 6 Epoxy Pavement Marking-24"Line 158 152 -6 FT $3.70 -$22.20 7 Epoxy Pavement Marking-Letters and Symbols 702 733.2 31.2 SQ FT $3.70 $115.44 Total Change $1,003.55 Contract Award Amount $11,042.71 �) Plus Previous Change Orders $0.00 / /7 / Revised Contract Amount $12,046.26 ^ Recommend for Approval: �/ -� r — ', /e/2 `Date: ,. ' 1 City of Yorkville / Approved:,0r A k'j (Lux,- Date: ! 40 Maintenance Coatings Co. Approved: Date: City of Yorkville f c`?® United City of Yorkville Memo : 800 Game Farm Road EST.14 __II' aE 1836 Yorkville, Illinois 60560 `�-- Telephone: 630-553-4350 ®� CwM� p Fax: 630-553-7575 Smt km�IGamty. +mss Date: November 4, 2005 To: Public Works Committee From: Lisa Pickering, Office Assistant CC: Department Heads Subject: Additional information for Public Works packet—November 7, 2005 Attached please find information on the following items: NB #18 — Cannonball Estates Unit 2—Letter of Credit Reduction#5 NB #20 & 21 —River's Edge Phase 1 —Letter of Credit Reduction#4 & River's Edge Phase 1 - Acceptance of Public Improvements Please add these items to your Public Works packet. 4-1 4,0 C/r Reviewed By: Legal ❑ City Council Finance ❑ EST.kw 1836 Engineer ,� Agenda Item Tracking Number �; ��� City Administrator ❑ r _ OS1 C O Consultant ❑ P L-'C't3 -C I SCE `v)/ ❑ City Council Agenda Item Summary Memo Title: Cannonball Estates (Phase 2)—Letter of Credit Reduction#5 City Council/COW/ Committee Agenda Date: PW Committee 11/7/05 Synopsis: The developer has requested a reduction in the letter of credit based on work completed to date. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: o United City of Yorkville Memo g nr � '`1 800 Game Farm Road EST.kW --x1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 9 `20 Date: November 3, 2005 To: Liz D'Anna, Administrative Assistant From: Joe Wywrot, City Engineer CC: Subject: Cannonball Estates (Phase 2)—Letter of Credit Reduction#5 Attached find a request from the developer to reduce the letter of credit for Cannonball Estates—Phase 2. This reduction is due to completion of the public sidewalk along Alice Avenue (f.k.a. Faxon Road). I concur with the work performed to date, therefore I recommend that the letter of credit be reduced by the amount of$9,618.77. The remaining amount in the letter of credit would be $130,743.89. Please place this item on the Public Works Committee agenda of November 7, 2005 for consideration. Page 1 of 1 Joe Wywrot From: CuttnRope@aol.com Sent: Thursday, October 27, 2005 6:46 PM To: jwywrot@yorkville.il.us Subject: Cannonball Estates LOC Joe, I am requesting that the LOC #11221 for Cannonball Estates Unit II be reduced by 9,618.76 to 130,743.88 which is 15%of the original engineer estimate of 871,625.90. The Faxon Rd. side walk and parkway are complete. I am awaiting the JULIE for the landscape berm on Faxon and Cannonball to install the plantings next week. I am also planting the parkway tree that AMG omitted at 2194 Meadowview. Can you tell me if the maintenance amount for the LOC after final acceptance is 15% or is 10%for the maintenance period? Thank you Joe, please call me with questions at 608-558-4732. Alan 10/28/2005 3-Nov-05 Letter of Credit/Bond Reduction Subdivision: Cannonball Estates - Unit 2 Reduction No. 5 Benchmark Bank LOC #11221 LOC/Bond LOC/Bond Approved Original Amount Substantially complete Amount to remain Reduction No.5 Item Eng. Est. Letter of Credit after Red. No. 4 prior to Red. No.5 after Red. No. 5 Amount Earthwork $66,540.50 $73,194.55 $9,981.08 $66,540.50 $9,981.08 $0.01 San. Sewer $109,732.50 $120,705.75 $16,459.88 $109,732.50 $16,459.88 $0.01 Watermain $150,535.25 $165,588.78 $22,580.29 $150,535.25 $22,580.29 $0.00 Storm Sewer $191,100.50 $210,210.55 $28,665.08 $191,100.50 $28,665.08 $0.01 Pavement $324,860.15 $357,346.17 $58,347.77 $324,860.15 $48,729.02 $9,618.75 Miscellaneous $28,857.00 $31,742.70 $4,328.55 $28,857.00 $4,328.55 $0.00 Totals $871,625.90 $958,788.49 $140,362.65 $871,625.90 $130,743.89 $9,618.77 Notes: a) LOC/Bond amt. to be 15%of subsantially completed items plus 110%of uncompleted items. b) LOC/Bond reduced to 10%at final acceptance. N6 1(1 ,,,.D co). Reviewed By: T Legal 1=1City Council , 11,A Finance ❑ ESL _1836 Engineer C rc -C a _� City Administrator ❑ Agenda Item Tracking Number O11 l Kendall ounbi `20 Consultant ❑ P " ciq y<CE ��Y ❑ City Council Agenda Item Summary Memo Title: Prestwick of Yorkville—Earthwork Letter of Credit Reduction#1 City Council/COW/ Committee Agenda Date: PW Committee 11/7/05 Synopsis: This reduction is based on the work performed to date. Recommend a reduction of $753,535.73. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: fD o United City of Yorkville Memo J u` .11800 Game Farm Road EsT% `' ` 1836 Yorkville, Illinois 60560 -� Telephone: 630-553-8545 P ' C u' Fax: 630-553-3436 Date: November 3, 2005 To: Liz D'Anna, Administrative Assistant ----, From: Joe Wywrot, City Engineer - �__ CC: 1 Subject: Prestwick of Yorkville—Earthwork Letter of Credit Reduction#1 Attached find a request from the developer's consultant, Smith Engineering, for a reduction in the letter of credit for the referenced development. I have reviewed the request and concur with the amount of work performed to date. Since the actual letter of credit established was slightly more than required, my calculations differ slightly from Smith's calculations. I recommend that the Earthwork letter of credit be reduced by the amount of$753,535.73. The remaining amount of the letter of credit would be $446,464.27. Please place this item on the Public Works Committee agenda of November 7, 2005 for consideration. Joe Wywrot From: Dave Schultz[dschultz@smithengineering.com] Sent: Thursday, October 13, 2005 12:44 PM To: Joe Wywrot Cc: dknott.mallard@sbcglobal.net Subject: Prestwick of Yorkville - Mass Grading PDF, AMY LOC-REDUCTION-M ASS-GRD-10-13-0... Joe, The Developers are requesting a Bond / L.O.C. reduction for the Mass Grading Improvements for Phase 1. Attached please find a Letter of Credit Reduction Request #1 for Prestwick of Yorkville Subdivision - Mass Grading. Please place us on the next available Public Works meeting agenda. If you have any questions or require additional information please call or email, thank you. (See attached file: LOC-REDUCTION-MASS-GRD-10-13-05.pdf) David W. Schultz, P.E. Smith Engineering Consultants, Inc. 759 John Street, Yorkville Ph: (630) 553-7560 Fax: (630) 553-7646 1 JOB NAME: PRESTWICK OF YORKVILLE - MASS GRADING -PHASE 1 JOB NUMBER: 030269.04-03 LOCATION: UNITED CITY OF YORKVILLE PLAN DATE: 08-29-05 LETTER OF CREDIT REDUCTION #1 - DATE 10/13/05 CALC BY: GEK PREPARED BY SMITH ENGINEERING CONSULTANTS, INC. CHK BY: DWS Plan Submittal #3 (Approval Letter Dated - Septemeber 1, 2005) 10/13/2005 SI'Z'E. GRADING IMPROVEMENTS % COMPLETE QUANTITY TOTAL TOTAL PAY ITEM UNIT UNIT COST QUANTITY TOTAL COST COMPLETE COMPLETE REMAINING SEEDING ACRE $ 2,000.0) 22.' $ 44,220.0 0.0% 0.00$ - $ 44,220.0) EXCELSIOR BLANKET, S75 SQ. YD. $ 1.00 95,284.1£ 95,284.6) 0.0% 0.00$ - $ 95,284.6) EROSION BLANKET, C350 SQ. YD. $ 6.00 3,724.7$ 22,347.91 0.0% 0.00$ - $ 22,347.95 SURFACE TOPSOIL STRIP CU.YD. $ 1.70 140,200 D; 238,390.0) 1.00.08 190,200.(($ 238,390.0)$ - SITE CUT TO FILL CU.YD. $ 2.50 204,746 C$ 511,865.03 100.08 204,746.117 511,865.03$ - SITE TOPSOIL RESPREAD CU.YD. $ 1.65 8,500.0$ 14,025.0) 0.0% 0.011$ - $ 14,025.0) SILT FENCE FOOT $ 1.55 14,794.0$ 22,930.7) 85.0% 12,574.168 19,491.1)$ 3,439.6. CURTAIN WALL CONSTRUCTION FOOT $ 25.0C 62.0$ 1,550.0) 0.0% 0.00$ - $ 1,550.0) TEMPORARY CONSTRUCTION EN'T'RANCE L. SUM $ 10,000.07 1.0$ 10,000.0) 100.0% 1.00$ 10,000.01$ - Sub-Total $ 960,563.25 $ 779,696.1) $180,867..7 STORM SEWER IMPROVEMENTS 8 COMPLETE QUANTITY TOTAL TOTAL PAY ITEM UNIT _ UNIT COST I QUANTITY TOTAL COST COMPLETE COMPLETE REMAINING STORM SEWERS, CLASS B, TYPE 2, 12' FOOT $ 18.00 99.6$ 1,764.0) 0.0% 0.00$ - $ 1,764.01 .STORM SEWERS, CLASS B, TYPE 2, 15' FOOT $ 19.50 169.4$ 3,295.5) 0.0% 0.00$ - $ 3,295.5) STORM SEWERS, CLASS B, TYPE 2, 18' FOOT $ 22.00 173.41$ 3,806.01 0.0% 0.00$ - $ 3,006.0) STORM SEWERS, CLASS B, TYPE 2, 24' FOOT $ 30.50 49.: $ 1,494.5) 0.0% 0.00$ - $ 1,494.5) STORM SEWERS, CLASS A, TYPE 2, 12' FOOT $ 19.00 25.0$ 475.00 0.0% 0.00$ - $ 475.01 STORM SEWERS, CLASS A, TYPE 2, 15' FOOT $ 21.00 45.0$ 945.01 0.0% 0.00$ - $ 945.00 STORM SEWERS, CLASS A, TYPE 2, 24' FOOT $ 35.00 140.0$ 4,900.0) 0.0% 0.00$ - $ 4,900.0) STORM SEWERS, DRAIN TILE 10' FOOT $ 8.50 212.1)$ 1,802.0) 0.0% 0.00$ - $ 1,802.0) PRECAST REINFORCED CONCRETE FLARED END SECTIONS 12' W/ GRATE EACH $ 500.55 3.( $ 1,500.0) 0.0% 0.00$ - $ 1,500.0) PRECAST REINFORCED CONCRETE FLARED END SECTIONS 15' W/GRATE EACH $ 600.01 1.1 $ 600.01 0.0% 0.00$ - $ 600.01 PRECAST REINFORCED CONCRETE FLARED END SECTIONS 18' W/GRATE EACH $ 750.05 1.1 $ 750.0C 0.0% 0.00$ - $ 750.0C PRECAST REINFORCED CONCRETE FLARED END SECTIONS 24' W/GRATE EACH $ 1,000.0) 4.(_$ 4,000.0) 0.0% 0.00$ - $ 4,000.0) CATCH BASIN, TYPE A, 4' DIAMETER, R-3015 EACH $ 1,200.0) 2.0$ 2,400.0) 0.0% 0.00$ - $ 2,400.0) MANHOLES, TYPE A, 5' DIAMETER, TYPE 1 FRAME CLOSED LID W/ RESTRICTOR EACH $ 2,500.0`) 4.( $ 10,000.0) 0.0% 0.00$ - $ 10,000.0) MANHOLES, TYPE A, 4' DIAMETER, TYPE 8G EACH $ 1,200.0) 2.0$ 2,400.0) 0.0% 0.00$ - $ 2,400.0) MANHOLES, 'TYPE A, 4' DIAMETER, TYPE 1 FRAME CLOSED LID EACH $ 1,200.0) 1.0 $ 1,200.0) 0.0% 0.00$ - $ 1,200.0) INLET PRO'T'ECTION-REAR YARD (FILTER FABRIC) EACH $ 100.06 4.0$ 400.SC 0.0% 0.00$ - $ 400.0C STONE RIPRAP, CLASS A9 SQ. YD. $ 55.00 35.6$ 1,955.25 0.0% 0.00$ - $ 1.,955.25 Sub-Total $ 43,687.25 $ - $43,687.:5 Sub-Total $ 1,004,250.`1 $ 779,696.1) $299,554.LEncludes $75,000) OFFSITE STORM IMPROVEMENTS (Recommended by EEI, Ashley Rd ) $ 75,000.0) 15% RETAINED $116,954.'1 - TOTAL COST $ 1,079,250.51 110% RETAINED - $329,509.P6 ., ..,rk '4 ,.,. ,:fry . '` . .',f;,,.:,.',- '?-,."APprpyed B;pf-4-'9r'I:epte' of'` r�41 _•'1,187, .75'.'16 (NEW BOND 1/, L.OE c � 446 464 7 AMOUNT) r $ ' TOTAL REDUCTION IN BOND / L.0. . -$740,711.P12.4% NOTE: 15% RETAINED FOR COMPLETED ITEMS, 110% OF UNCOMPLETED ITEMS LOC-REDUCTION-MASS-ORD-10-13-05.xls 3-Nov-05 Letter of Credit/Bond Reduction Subdivision: Prestwick of Yorkville Reduction No. 1 Substantially Approved Req. Amt Actual amount complete prior New amount Amount of Item Eng. Est. for LOC/Bond of LOC/Bond to reduction for LOC/Bond current reduction Site Grading $960,563.26 $1,056,619.59 $1,069,444.02 $779,696.10 $315,908.29 $753,535.73 Onsite Storm Sewer $43,687.25 $48,055.98 $48,055.98 $0.00 $48,055.98 $0.00 Offsite Storm Sewer $75,000.00 $82,500.00 $82,500.00 $0.00 $82,500.00 $0.00 Totals $1,079,250.51 $1,187,175.56 $1,200,000.00 $779,696.10 $446,464.27 $753,535.73 Notes: 1) LOC/Bond amt. to be 15%of subsantially completed items plus 110%of uncompleted items. N6 " - C q t)I `� co /py Reviewed By: 4tigLegal ❑ City Council JIIIMIFinance ❑ EST "s\ 1a3s En neer �`�_ Agenda Item Tracking Number "C 1 7c City Administrator ❑ ` �� Kendall County ��O Consultant ❑ �� `r- C -i'2 C' <CE ‘‘'`' ❑ City Council Agenda Item Summary Memo Title: River's Edge (Phase 1)—Final Acceptance of Public Improvements City Council/COW/Committee Agenda Date: PW Committee 11/7/05 Synopsis: The developer has requested final acceptance of the public improvements for River's Edge Phase 1. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval subject to completion of pavement patching and paving of bituminous surface course. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: ,cto C/7.). ir o United City of Yorkville Memo J 4 �_➢lam '" 800 Game Farm Road EST. -�• 1836 Yorkville, Illinois 60560 ,� �ti Telephone: 630-553-8545 i �`' Fax: 630-553-3436 NLE 0,,,Ne Date: November 3, 2005 To: Liz D'Anna, Administrative Assistant From: Joe Wywrot, City Engineer , k. .. _s__ CC: Eric Dhuse, Director of Public Works Subject: River's Edge (Phase 1)—Final Acceptance of Public Improvements Attached find a request from the developer to accept the public improvements in River's Edge—Phase 1. The punchlist is complete with the exception of patching of the binder course and paving of the surface course. This work is scheduled to be completed within the next few weeks, therefore I recommend that the letter of credit be reduced by the amount of$372,869.32 with the understanding that the work will be completed prior to November 22, 2005. The remaining amount of the letter of credit would be $417,320.85, and would remain at that level through the warranty period. If the paving work is not complete by November 22nd, I recommend that this item be tabled at Committee of the Whole until the work is complete. Please place this item on the Public Works Committee agenda of November 7, 2005 for consideration. II if I 1 IVR' EDGE 586 Kelly Avenue Yorkville, Illinois 60560 September 28, 2005 Joe Wywrot United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 RE: River's Edge: Phase I Acceptance of Public Improvements Dear Joe: S&K Development, LLC respectully requests final acceptance of all public improvements at Phase I: River's Edge Subdivision. We have reviewed and completed all items on the punchlist and we are in the process of scheduling the final lift of pavement. Thank you for all your assistance with our improvements and your quick response to our questions. If you need anything else, please do not hesitate to call me at (630)553-2500 Sincerely, S8,d(De -1opn ent, LLC f1aif • .T e T. tanciu Telephone: (630) 553-2500 Fax• (630) 553-2636 3-Nov-05 Letter of Credit/Bond Reduction Subdivision: River's Edge - Unit 1 Reduction No. 4 4 Bond/LOC No. West Suburban Bank LOC#1439 LOC/Bond Approved Original amount Amount remaining Amount complete prior Amount of Amount to remain Item Eng. Est. for LOC/Bond after Reduction No.3 to Reduction No.4 Reduction No.4 after Red. No.4 Earthwork $704,000.00 $774,400.00 $105,600.00 $704,000.00 $35,200.00 $70,400.00 San. Sewer $897,911.85 $987,703.04 $134,686.78 $897,911.85 $44,895.60 $89,791.19 Watermain $559,380.95 $615,319.05 $83,907.14 $559,380.95 $27,969.05 $55,938.10 Storm Sewer $444,499.65 $488,949.62 $66,674.95 $444,499.65 $22,224.99 $44,449.97 Pavement $749,073.57 $823,980.93 $276,569.93 $749,073.57 $201,662.57 $74,907.36 Miscellaneous $818,342.45 $900,176.70 $122,751.37 $818,342.45 $40,917.13 $81,834.25 Totals $4,173,208.47 $4,590,529.32 $790,190.17 $4,173,208.47 $372,869.32 $417,320.85 Notes: a) LOC/Bond amt. to be 15%of substantially completed items plus 110%of uncompleted items prior to final acceptance. b) LOC/Bond reduced to 10%at final acceptance. c, 0).C/p y Reviewed By: J Legal ❑ City Council EST. r 18364 Finance El Engineer L V City Administrator ❑ Agenda Item Tracking Number .31 ?*O Consultant El 1.4 Kand.II Cowry 4CE ‘V‘' City Council Agenda Item Summary Memo Title: Gawne Lane Improvements—Engineering Agreement City Council/COW/Committee Agenda Date: PW Committee 11/7/05 Synopsis: Our easement agreement with Dale Woodworth for the Bruell Pump Station project requires the City to construct a watermain along Gawne Lane and roadway stub extension of Wooddale Drive. Council Action Previously Taken: Date of Action: 9/26/05 Action Taken: PW Committee directed staff to request proposal Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Proposal from Walter E. Deuchler Associates in the amount of$28,500 is to design and provide construction inspection for the watermain along Gawne Lane and the extension of Wooddale Drive. Only$15,000 would need to be funded in the current fiscal year. o United City of Yorkville Memo a „AL 1r '�` 800 Game Farm Road EST. `- 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 oSe Fax: 630-553-3436 -f4 `E `yam. Date: October 10, 2005 To: Liz D'Anna, Administrative Assistant From: Joe Wywrot, City Engineer rJ CC: Traci Pleckham, Finance Director Subject: Gawne Lane Improvements—Engineering Agreement Attached find a proposed engineering agreement with Walter E. Deuchler Associates for the referenced project. The proposal is based on hourly rates with a not-to-exceed total of $28,500. As part of the Bruell Lift Station project, the city obtained an easement from Dale Woodworth along the north side of Gawne Lane. As a condition of obtaining that easement, the city agreed to construct a street along the south frontage of the Bruell Lift Station site, and also construct a watermain along Gawne Lane. Since the area west of Gawne Lane also lacks adequate city water service, we asked Deuchler to provide a proposal that would extend the watermain to Worsley Street before turning north to connect to E. Main Street. This proposed engineering agreement with Deuchler is to design and provide construction inspection services for that work. The design portion of the project is for about$15,000, with the balance of$13,500 for construction inspection. Since this project would not be constructed until next fiscal year, we would only need to fund the design engineering at this time. Please place this item on the Public Works Committee agenda of November 7, 2005 for consideration. ENGINEERING AGREEMENT FOR DESIGN SERVICES AND CONSTRUCTION GUIDANCE FOR THE PROPOSED WOODWORTH WATERMAIN & STREET EXTENSIONS UNITED CITY OF YORKVILLE This Agreement is made and entered into this day of , 2005, by and between Walter E. Deuchler Associates, Inc. whose address is 230 S. Woodlawn Avenue, Aurora, IL 60506, hereinafter called the "Engineer", and the United City of Yorkville, Kendall County, Illinois, hereinafter called the "Owner", and covers certain professional engineering services in connection with the improvement. Witnesseth that, in consideration of these premises and of the mutual covenants herein set forth, Now,therefore,the Owner and Engineer,in consideration of their mutual covenants,herein agree in respect to the performance of professional engineering services by the Engineer, and the payment for those services by the Owner, as set forth below. SECTION 1 - PROJECT DESCRIPTION 1.1 The work, herein referred to as the "PROJECT", consists of extending a public water main and public street, as delineated on the attached Exhibit A-1 and as stipulated in an easement Agreement with Dale Woodworth, per Document No. 200500029066. 1.2 The size and location of the waterrnain and public street shall be provided by the Owner. SECTION 2 - THE ENGINEER AGREES 2.1 To be responsible for the performance of the following professional engineering services for the Owner in connection with the proposed improvement herein described. 2.2 Order one (1) Title commitment for Lots 4, 5, and 6 of Worsley's Subdivision (one ownership) and establish right-of-way limits of Worsley Street and the 20 foot wide alley between Worsley and Gawn Lane (Exhibit A-2). 2.3 Perform detailed topographic surveys needed to construct the proposed improvement. 2.4 Prepare one (1) plat to accompany a temporary construction easement over part of lots 4, 5, and 6 of Worsley's Subdivision (one ownership). The Owner will be responsible for negotiating the easement with the property owner of said Lots 4, 5, and 6. 2.5 Design the proposed improvement and provide the Owner with two (2) preliminary sets of plans and specifications for review and comments. No geotechnical assessment will be provided since depth of improvement is limited to 6 feet. 2.6 Finalize the Construction plans and specifications and assist the Owner in submitting plans to IEPA for watermain peunit. It is anticipated that no other penult is required for this Project, since no other entity has jurisdiction over the work to be perfoimed. 2.7 Provide Bidding Services for the Project as summarized in the following: 2.7.1 Furnish bidders necessary copies of the Plans and Contract Documents upon authorization of advertisement forbids by the Owner. Owner shall be responsible for advertising the Project, in the Kendall County Record. 2.7.2 Endeavor to interest competent contractors in submitting bids on the work as advertised. 2.7.3 Advise the Owner in the matter of letting contracts for work on the basis of bids received. 2.8 Furnish Construction Guidance for the Project as summarized in the following: 2.8.1 Video taping the site prior to any construction activity. 2.8.2 Consultation on interpretation of plans and specifications and changes under consideration as construction proceeds. 2.8.3 Establishment of lines and grades for the work as construction progresses. 2.8.4 Checking all shop and working drawings. 2.8.5 Furnishing a Resident Project Representative(RPR)at the job site to provide periodic observation of the work not exceeding eighty hours (80). The duties,responsibilities and limitations of authority of the RPR are set forth in Exhibit B to this agreement. 2.8.6 Reviewing and checking all reports by testing laboratories on equipment and material tested, if provided by the Owner. 2.8.7 Reviewing and checking all payment estimates, change orders, records and reports required. 2.8.8 Preparing final pay estimates. 2.8.9 Preparing record drawings and supplying the City one set of record drawings after completion of construction. -3- SECTION 3 - THE OWNER AGREES 3.1 To furnish available data such as utility maps, special design criteria, available plans of existing water mains, title searches for deteilnining existing right-of-way (if already available) and property encumbrances. The Owner will negotiate easements and/or property acquisition with the property owners affected by the Project. 3.2 To designate in writing a person to act as Owner's representative with respect to the services to be perfoinied or furnished by Engineer under this Agreement. Such person will have complete authority to transmit instructions, receive infoiniation, interpret Owner's policies and decisions with respect to Engineer's services for the Project. 3.3 To reimburse the Engineer as compensation for the services stipulated in Section 2 a not-to- exceed amount of$28,500.00 based on the Engineer's 2005 Fee Schedule, or the current schedule in effect after calendar year 2005. The Engineer shall monitor their costs and anticipated future costs, and shall notify the Owner if such monitoring indicates possible costs in excess of the not-to-exceed fees. 3.4 That those services beyond the scope of Section 1 and not included in Section 2, such as,but not limited to, assisting the Owner in negotiating easements or property acquisition, changing alignment of the proposed improvements due to failure in acquiring easements or property and others,will be considered additional work. Compensation for additional work will be paid in accordance with the Engineer's Fee Schedule attached for the 2005 calendar year or the current schedule in effect after calendar year 2005. 3.5 That payments due the Engineer for services rendered will be made in monthly payments based upon actual work completed. 3.6 To pay Engineer within thirty (30) days after the invoice date, after which, payment will increase at an interest rate of 1.5% per month. 3.7 That Engineer has the right to suspend or telniinate service if undisputed charges are not paid within forty-five (45) days of receipt of Engineer's invoice, and Owner agrees to waive any claim against Engineer arising, and to indemnify, defend, and hold Engineer handless from and against any claims arising, other than from Engineer's negligence or wrongful conduct,from Engineer's suspension or telniination due to Owner's failure to provide timely payment. Owner recognizes that any charges not paid within thirty(30) days are subject to a late payment charge equivalent to 1.5% of the balance due for each additional month or fraction thereof that undisputed charges remain unpaid. 3.8 In the event of telniination by Owner under Section 4.2 for convenience or by Engineer for cause, Engineer, in addition to invoicing for those items identified in Sections 3.3 and 3.4 shall be entitled to invoice Owner and shall be paid a reasonable amount for services and expenses(not to exceed a total of$1,000.00),directly attributable to tellniination,both before -4- and after the effective date of termination, such as reassignment of personnel, costs of teiniinating contracts with Engineer's Consultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Section 3.4, but in addition to amounts paid thereunder. In addition a 10% charge of the unbilled amounts as set forth in Section 3.3 shall be paid by the Owner to the Engineer. 3.9 To pay the Engineer an additional 8% for sublet services and outside vendor expenses. 3.10 In the event that Owner shall bring any suit, cause of action or counterclaim against Engineer, to the extent that Engineer shall prevail, Owner or the party otherwise initiating such action shall pay to Engineer the cost and expenses incurred to answer and/or defend such action, including reasonable attorneys fees and court costs. In no event shall Engineer indemnify any other party for the consequences of that party's negligence, including negligent failure to follow Engineer's recommendations. 3.11 Engineer's employees shall not be retained as expert witnesses except by separate written agreement. Owner agrees to pay Engineer pursuant to Engineer's current fee schedule for any Engineer employee(s) subpoenaed by any party as an occurrence witness as a result of Engineer's services. 3.12 The Engineer will not be responsible for job or site safety of the Project other than arising from validly implemented affiiinative recommendations therefor. Job and site safety will be the sole responsibility of the contractor/contractors of the Project unless contracted to others. 3.13 The Owner shall require in any agreement it makes with a Contractor for the Project that the Contractor shall obtain Commercial General Liability Insurance with contractual liability and shall name the Engineer, its employees and consultants, as additional insured,with said coverage to be primary and non-contributory. In addition, the Owner agrees to name the Engineer, its employees and consultants, as an additional insured on any policy of Owner covering the Project, with said coverage to be primary and non-contributory. When Owner requests services of the Engineer in any capacity other than as a design professional, then, to the fullest extent permitted by law,the Owner shall defend,indemnify, and hold haniless the Engineer,its employees and consultants,from and against claims,damages,losses,costs, including but not limited to reasonable attorneys fees and costs, ("Losses") arising out of or resulting from the Engineers performance of services other than as a design professional (including any services that could be construed as those of a construction manager)provided that such Losses are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property to the extent caused, in whole or in part, by the contractor, subcontractor, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable. This provision shall survive the termination or completion of this Agreement. -5- 3.14 Neither the professional activities of the Engineer, nor the presence of the Engineer or his or her employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including,but not limited to, construction means, methods, sequence, techniques or procedures necessary for perfoiming, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. The Engineer and his or her personnel have no authority to exercise any control ov-er any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The Owner agrees that the General Contractor is solely responsible for j ob site safety, and warrants that this intent shall be made evident in the Owner's agreement with the General Contractor. The Owner also agrees that the Owner, the Engineer and the Engineer's consultants shall be indemnified and shall be made additional insureds under the General Contractor's general liability insurance policy. In addition, and notwithstanding any other provisions of this Agreement, the Owner agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Engineer, his or her officers, directors, employees, agents and subconsultants from and against all damage, liability or cost, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with the Project or the perfoiniance by any of the parties above named of the services under this Agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of the Engineer. 3.15 The Owner agrees to limit Engineer's liability specifically and exclusively to the Owner on the Project arising from Engineer's professional acts, errors, or omissions or breach of contract or other cause of action, such that the total aggregate liability of Engineer to all those named shall not exceed $100,000.00 or the total cumulative fees for the services rendered for this Project, whichever is greater; and Owner hereby releases Engineer from any liability above such amount. 3.16 If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. 3.17 . That any difference between the Engineer and Owner concerning the interpretation of the provisions of this Agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the Engineer, one member appointed by the Owner and a third member appointed by the two other members for disposition and that the committee shall attempt to resolve the difference by foiiiial non-binding mediation conducted in accordance with rules and procedure to be agreed upon by the parties. -6- SECTION 4 - IT IS MUTUALLY AGREED 4.1 During the progress of work under this Agreement,the Engineer shall continuously monitor its costs and anticipated future costs, and if such monitoring indicates possible costs in excess of the amounts stated in Section 3 above, the Engineer shall immediately notify the Owner of such anticipated increase and the compensation for engineering services shall be adjusted, if any, by amendment to this Agreement. 4.2 This Agreement may be terminated by the Owner upon giving notice in writing to the Engineer at his last known post office address. Upon such termination, the Engineer shall cause to be delivered to the Owner all drawings, specifications, partial and completed estimates and data,with the understanding that all such material becomes the property of the Owner. The Engineer shall be paid for any services completed and any services partially completed in accordance with Section 3. 4.3 That the Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee,gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty the Owner shall have the right to void this Agreement without liability whatsoever. 4.4 That the Owner acknowledges that the Engineer is a corporation and agrees that any claim made by the owner arising out of any act or omission of any director, officer or employee of the Engineer, in the execution or perfolniance of this Agreement shall be made against the Engineer and not against such director, officer or employee. 4.5 That the Owner and the Engineer each binds himself and his partners,successors,executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement; except as above, neither the Owner nor the Engineer shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any office or agent of any public body which may be a party hereto, nor shall it be construed as giving any right or benefits hereunder to anyone other than the Client and the Engineer. 4.6 All Reports, Drawings, Specifications, other documents, and magnetic media prepared or furnished by the Engineer pursuant to this Agreement are instruments of service in respect to the Project, and the Engineer shall retain ownership of said documents and magnetic media including the right of reuse by and at the discretion of the Engineer whether or not the Project is completed. The Owner may retain copies, including reproducible copies, of the Engineer's documents and magnetic media for information and reference in connection with the use and occupancy of the Project by the Owner and others;however,the Engineer's -7- documents and magnetic media are not intended or represented to be suitable for reuse by the Owner or others on additions or extensions of the project, or on any other Project. Any such reuse without written pennission and verification or adaption by the Engineer for the specific purpose intended will be at the Owner's sole risk and without liability or legal exposure to the Engineer. The Owner shall indemnify and hold harmless the Engineer from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any furnishing of additional copies and verification or adaptation of the Engineer's comments and magnetic media will entitle the Engineer to claim and receive additional compensation from the Owner. 4.7 The Engineer's agent shall perfoini the function of Agent or Representative of the Owner, during the perfounance of the PROJECT. The Engineer may be required to enter private properties and private premises to perform the work identified in the PROJECT. The Owner agrees to indemnify, defend and hold haumless the Engineer from any claim, suit, liability, damage,injury, cost or expense, including attorney fees, arising out of Engineer's entry into private properties and private premises, unless resulting from Engineer's negligence or wrongful conduct under Section 3.7 or as provided by law. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in triplicate counterparts, each of which shall be considered as an original by their duly authorized officers, this day of , 2005. Executed by the Owner: United City of Yorkville State of Illinois ATTEST: By By Title: City Clerk Title: Mayor Executed by the Engineer: Walter E. Deuchler Associates, Inc. 230 S. Woodlawn Avenue Aurora, IL 60506 doe rob By Title: President • WOODWORTH WATERMAIN AND STREET EXTENSIONS CITY OF YORKVILLE 2005 TASK ESTIMATION AND WORK APPROACH FORM • PROJECT LAND FIELD PHASE OF WORK MANAGER SURVEYOR CREW DRAFTSMAN INSPECTOR SECRETARY ALLOWANCE 1.0 GENERAL 1.1 Collect all available data from the 1 City including:Construction plans of existing water mains, sanitary sewers, storm sewers and roadway improvements. 1.2 Kick Off Meeting: Meet with Director 2 of Public Works&City Engineer 2_0 FIELD TOPOGRAPHY 2.1 Locate property monumentation. 1 2 2.2 Establish survey traverse. 1 2 2.3 Locate topographic features such as 32 edge of pavement, driveways, culverts,water valves,fire hydrants, manoles, trees of 6 inch diameter and larger,landscape improvement, mailboxes and others. 2.4 Run bench mark circuit based on 4 known elevation of prior work in this area. 2.5 Obtain vertical profile of the 1 centerline pavement. PROJECT LAND FIELD PHASE OF WORK MANAGER SURVEYOR CREW DRAFTSMAN INSPECTOR SECRETARY ALLOWANCE 3,0 EASEMENT 3.1 Order 1 Title commitment 1 $450 3.2 ,Establish right-of-way lines and lot 4 corners. 3.3 Prepare 1 Plat to Accompany ' 8 Easement. 4.0 PRELIMINARY DESIGN 4.1 Draw all field information at 1"=30 16 feet and label field features. 4.2 Propose one alignment of the 10 8 proposed watermain in the plan view only with location of proposed fire hydrants, water valves and location of water services. 4.3 Submit 2 copies of the preliminary 4 2 design to the City and attend one(1) • meeting with Village Staff. PROJECT LAND FIELD PHASE OF WORK MANAGER SURVEYOR CREW DRAFTSMAN INSPECTOR SECRETARY ALLOWANCE 5.0 FINAL DESIGN 5.1 Make revisions of the Plans based 1 4 on comments from City. 5.2 Complete construction drawings with 2 8 standard details, general notes and profile view. 5.3 Prepare Contract Documents and 12 4 Specifications. 5.4 Provide cost estimate. 2 5.5 Submit 2 copies of Final design to 1 1 the TEPA for permit. ITEMS 1.0 THROUGH 5.0 35 15 41 39 0 4 $450 PROJECT LAND FIELD PHASE OF WORK MANAGER SURVEYOR CREW DRAFTSMAN INSPECTOR SECRETARY ALLOWANCE 6.0 BIDDING 6.1 Endeavor interest for the project. 4 6.2 Answer questions from Bidders 8 6.3 Attend bid opening and recommend 3 award. 7.0 CONSTRUCTION 7.1 Video tape project 4 7.2 Stake improvements 2 16 7.3 Furnish RPR on site (2 weeks 80 maximum) 7.4 Review and submit all payment 6 2 estimates, change orders, etc. 7.5 Prepare Record Drawings 1 8 4 ITEMS 6.0 THROUGH 7.0 22 2 24 4 84 2 0 4 i ESTIMATED FEES (ITEMS 1.0 THROUGH 5.0 IN 2005) Project Manager 35 hrs. x $112.00/hr. - $ 3,920.00 Land Surveyor 15 hrs. x $115.00/hr. - $ 1,725.00 Field"Crew 41.hrs. x $145.00/hr. - $ 5,945.00 Draftsman 39 hrs. x $ 70.00/hr. - $ 2,730.00 Inspector 0 hrs. x $ 74.00/hr. - $ 0.00 Secretary 4 hrs. x $ 65.00/hr. - $ 260.00 Allowance $ 450.00 $15,030.00 ESTIMATED FEES (ITEMS 6.0 THROUGH 7.0 IN 2006) Project Manager 22 hrs. x $117.00/hr. - $ 2,574.00 Land Surveyor 2 hrs. x $120.00/hr. - $ 240.00 Field Crew 24 hrs. x $155.00/hr. - $ 3,720.00 Draftsman 4 hrs. x $ 74.00/hr. - $ 296.00 Inspector 84 hrs. x $ 75.00/hr. - $ 6,300.00 Secretary 2 hrs. x $ 69.00/hr. - $ 138.00 Allowance $ 0.00 $13,268.00 TOTAL NOT TO EXCEED AMOUNT - $28,298.00 SAY $28,500 � 1 I N . 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H . 101.0 'D lu 4.1 w 2q•036 ne,m •?' fOTH SUB. t 22-006 _ 0-003 •H• • • 135,2) n` • HORTOn SUB. 5-026 „ v •I• a,z1 1J�,s 60 23-037 Is° J a„o .5•'''/,'.1.!,‘. VAN EMMON ST. SOON. n22-o/3 n 66 1 1-004 ia, 137.0, �� q-027 120 i •i 00 016],,J o,c11: II - oil21-0/48 0MII {�' 1 2-005 U D rrii ^1 P 1 0 la 1a9.0 5 • °n al 3-028 ( Ifi9.97 • til ° °' ,,,CT) 20 130 ryI !�. 20-O/a I`�� 1 3-006 \\ 1 3 16o,e2 q 00, I M • 2-p29 I72.4a ^ _ggr I- _ II ----_7;11 a--1- w Q 0 o 19-0/6 I I 197 (r) I q-007 0 • ni I I 152. 3'00 N • :I., ^-i m I I 123 22 / 2 I^ c hl p I II II O /)/ i nj 1 N c 'OC.: 0 I B-O/7 o 1 Tao i i O - - - O n IL,67 2-003 ,a.r 1 2Ts.> ,20 1 - 10 - b0 1 T _V B0 97 6,66 _ 17-0/ 7"D " .. a n ao 36.33 33' ,. P..J', 13o 1 1 I 174 rr 46, 14-______4-______j i I ] I..1 ]1,6 I .. / I 30 6,64. i; N I Y'p I j ° 1 64, ° O I. ° O O I� - I ko N I ti ^] I Ili - N o 'OD/ 1. I I / 72 I Ili 11 p'.�'r V,S.� '0 0 I 28 - I ]..fi] I Q4-. l °O of I ^° N]9.7J r P1.1 �•�!"1PoR!^1R1' • ii ice' -71 ryI o L_ I 11 110 Mr —- `�S T t! i � ¢ �I ' I '1 g . ° h S'EY1�l�I 1 I r 1 a� 002 N I I v7 06 - I I ; ]1.6a I 1' O I. ' 0 n i j b VAC r' h o 1 0 ,,, �r�IiC,a, 1 I I 0, I I I m l 3-' , 20.2 I I I N - O \O c'') c�� I I I m ° ° (0 'N �c L. 0 ° I 77 ,to - --- ) 60.7 / / 6p0 60.9 J./ W Z _I 2 O 02-33 --- Fox River JIRISTOL TWP, KENDALL TWP. I OS•39 11' ��N ` k N A, _Z EXHIBIT B DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE The Agreement is amended and supplemented to include the following agreement of the parties: D6.02 Resident Project Representative A. ENGINEER shall furnish a Resident Project Representative("RPR"),assistants,and other field staff to assist ENGINEER in observing progress and quality of the work. The RPR, assistants, and other field staff under this Exhibit A may provide full time representation or may provide representation to a lesser degree. B. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in the work. However, ENGINEER shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over the Contractor's Work nor shall ENGINEER have authority over or responsibility for the means,methods,techniques, sequences, or procedures selected by Contractor, for safety precautions and programs incident to the Contractor's work in progress, for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's perfoluiing and furnishing the Work, or responsibility of construction for Contractor's failure to furnish and perfoini the Work in accordance with the Contact Documents. In addition, the specific limitations set forth in the Agreement are applicable. C. The duties and responsibilities of the RPR are limited to those of ENGINEER in the Agreement with the OWNER and in the Contact Documents,and are further limited and described as follows: 1. General: RPR is ENGINEER's agent at the Site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with ENGINEER and Contractor, keeping OWNER advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. 2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by Contractor and consult with ENGINEER concerning acceptability. EXHIBIT B Page 1 of 6 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as ENGINEER's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. b. Assist ENGINEER in serving as OWNER's liaison with Contractor when Contractor's operations affect OWNER's on-site operations. c. Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by ENGINEER. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples which are furnished at the Site by Contractor, and notify ENGINEER of availability of Samples for examination. c. Advise ENGINEER and Contractor of the commencement of any portion of the work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by ENGINEER. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to Contractor in writing decisions as issued by ENGINEER. EXHIBIT B Page 2 of 6 8. Review of Work and Rejection of Defective Work: a. Conduct on-site observations of Contractor's work in progress to assist ENGINEER in deteimining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to ENGINEER whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that confolIns generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or r requires special testing, inspection or approval. 9. Inspections, Tests, and System Startups: a. Consult with ENGINEER in advance of scheduled maj or inspections, tests, and systems startups of important phases of the Work. b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate OWNER's personnel, and that Contractor maintains adequate records thereof. c. Observe,record,and report to ENGINEER appropriate details relative to the test procedures and systems startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to ENGINEER. 10. Records: a. Maintain at the site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor,and other Project EXHIBIT B Page 3 of 6 related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. c. Record names, addresses and telephone numbers of all Contractors, subcontractors, and major suppliers of materials and equipment. d. Maintain records for use in preparing Project documentation. e. Upon completion of the Work, furnish original set of all RPR Project Documentation to ENGINEER. 11. Reports: a. Furnish to ENGINEER periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b. Draft and recommend to ENGINEER proposed Change Orders,Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to ENGINEER and OWNER copies of all inspection, test, and system startup reports. d. Report immediately to ENGINEER the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. 12. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to ENGINEER,noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals:During the course of the EXHIBIT B Page 4 of 6 Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to ENGINEER for review and forwarding to OWNER prior to payment for that part of the work. 14. Completion: a. Before ENGINEER issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. b. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be perfoliued by public agencies having jurisdiction over the Work. c. Participate in a final inspection in the company of ENGINEER, OWNER, and Contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance and issuance of the Notice of Acceptability of the Work. D. Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or-equal" items). 2. Exceed limitations of ENGINEER's authority as set forth in the Agreement or the Contract Documents. 3. Undertake any of the responsibilities of Contractor, subcontractors,suppliers, orC ontractor's superintendent. 4. Advise on,issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the activities or operations of EXHIBIT B Page 5of6 OWNER or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off- site by others except as specifically authorized by ENGINEER. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize OWNER to occupy the Project in whole or in part. EXHIBIT B Page 6 of 6 WALTER E. DEUCHLER ASSOC. INC. 2005 FEE SCHEDULE CLASSIFICATION RANGE OF BILLING RATE CLERICAL 45.00-65.00 JR. TECHNICIAN 34.00-45.00 TECHNICIAN/DRAFTSPERSON 55.00-80.00 CONSTRUCTION OBSERVER 60.00-75.00 SURVEY CREW (2 Members) 110.00-145.00 ENGINEER 70.00-90.00 PROJECT ENGINEER 90.00-110.00 PROJECT MANAGER LAND SURVEYOR PRINCIPAL 110.00-135.00 01/10/2005 0 PAGE 1 ♦,��O Co. Reviewed By: T Legal ElCity Council EST% 1836 Finance El Engineer , 0 . m AT City Administrator ❑ Agenda Item Tracking Number -31I Consultant KencLIII Cm* �O El 41.E ‘‘'N/ City Council Agenda Item Summary Memo Title: Updated Capital Improvement Program City Council/ COW/Committee Agenda Date: PW Committee 11/7/05 Synopsis: This is our annual update. Special attention should be given to the projects proposed for FY 06-07. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Concensus Council Action Requested: None. This is a working document that normally goes to Committee of the Whole, but not to City Council. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: 2`.stD Cir o United City of Yorkville Memo '" 800 Game Farm Road EST.1461°1 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 C ~ 0 Fax: 630-553-3436 Kendall Lae* <<E `‘'‘' Date: October 25, 2005 To: Liz D'Anna, Administrative Assistant 1 t From: Joe Wywrot, City Engineer ,- - i CC: Eric Dhuse, Director of Public Works Traci Pleckham, Finance Director Subject: Updated 6-year Capital Improvement Program Attached find proposed revisions to last year's 6-year Capital Improvement Program. Multi-year projects are listed with their total cost only in the year they are scheduled to begin, unless they will be constructed as separate, phased projects. All project costs are for construction and related construction engineering unless indicated otherwise. Debt service for past projects are not listed. Costs for ongoing and imminent project were updated based on best available information. Proposed revisions to last year's approved plan are as follows: General • Various projects were moved up or back one year based on the progress of our overall water, sanitary sewer, and roadway projects. • Recaptures to be paid by the city were listed. Water • Projects were added for the improvements along Gawne Lane per our easement agreement with Dale Woodworth. • Construction of pressure-reducing-valve stations were added at times to coincide with projected development. • A project to complete Well #7 paving and landscaping was added for FY 06-07. • Rehabilitation of Well#3 was added for FY 10-11. Sanitary • The various projects related to the Rob Roy Creek Interceptor were added. • The various projects related to the SW Interceptor were added. • A citywide sewer rehabilitation project was added in FY10-11 in anticipation of the Illinois EPA requiring that project before approval of the next YBSD wastewater treatment plant expansion. • Projects added in Year 09-10 are for miscellaneous repairs and sewer extensions, as has been the case for past years. Streets • Projects were added for the reconstruction of Kennedy Road, Corneils Road, and Route 47 adjacent to new developments. • The Faxon Road extension to Route 47 was added for FY 07-08. • Resurfacing of McHugh Road from E. Main Street to Walnut Street was added in FY 10-11. Miscellaneous • More detail was added this year for the various inter-governmental studies being performed for groundwater,brownfields, and flood profiles. • The Raymond Regional Detention facility and outfall sewer were added in FY 05- 06 and FY 06-07. • Projects to modify the Fox Highlands pond and the parking in Fox Hill Unit 3 were added in FY 06-07. • Replacement of the sidewalk along the north, south, and west sides of Town Square Park was added for FY 06-07. • An annual project for burying overhead wires was added beginning in FY 06-07. Please place this item on the Public Works Committee of the Whole agenda of November 7, 2005 for consideration. Proposed Water Capital Improvement Program 25-Oct-05 Funding Source Year Project General Fund MFT Developer FAU Total 05-06 a)Wells 3&4 Treatment Plant $1,650,000 $1,650,000 b)King Street Raw&Finished Watermains $1,530,000 $1,530,000 c)State Street Watermain $500,000 $500,000 d)South Water Tower Painting $205,000 $205,000 e)Gawne Lane Water&Roadway Improvements(design) $15,000 $15,000 f)Cannonball Estates Watermain Recapture $44,000 $44,000 g)Heartland Circle Watermain Recapture $83,000 $83,000 Sub-Total $4,027,000 $4,027,000 06-07 a)Gawne Lane Watermain $140,000 $140,000 b)Routes 71/126 Watermain Casing $15,000 $15,000 c)SW Regional Watermains $1,950,000 $1,950,000 d)Well No.4 Rehabilitation $100,000 $100,000 e)Fox&Washington Watermains(In-Town Road Pgm) $110,000 $110,000 g)Heustis Watermain Replacement(In-Town Road Pgm) $110,000 $110,000 h)SCADA System for Waterworks $420,000 $420,000 I)Well#7 Driveway&Landscaping $30,000 $30,000 j)Kennedy Road PRV Station $200,000 $200,000 Sub-Total $1,125,000 $1,950,000 $3,075,000 07-08 a)Well No.6 $550,000 $550,000 b)Well No.6 Treatment Plant $1,710,000 $1,710,000 c)Radio-read meter retrofit(Phase 1) $115,000 $115,000 d)Elizabeth Street Watermain Replacement $150,000 $150,000 I)Orange/Olsen Watermain Loop $40,000 $40,000 e)Eldamain/Rt.34 PRV Station $200,000 $200,000 Sub-Total $2,765,000 $2,765,000 08-09 a)Route 47 Watermain Relocations $650,000 $650,000 b)W.Ridge Watermain Replacement $140,000 $140,000 c)Radio-read meter retrofit(Phase 2) $115,000 $115,000 d)Game Farm/Somonauk Road Watermains $65,000 $65,000 Sub-Total $970,000 $970,000 09-10 a)Washington&Orange Watermain Replacement $250,000 $250,000 (S.Main-Mill) b)S.Main Street Watermain Replacement $200,000 $200,000 Sub-Total $450,000 $450,000 10-11 a)West Fox River Watermain Crossing $750,000 $750,000 b)Well No.3 Rehabilitation $100,000 $100,000 Sub-Total $850,000 $850,000 Water Total $10,187,000 $1,950,000 $12,137,000 Proposed Sanitary Capital Improvement Proaram 25-Oct-05 Funding Source Year Proiect General Fund MFT Developer FAU Total 05-06 a)Countryside Lift Station $1,700,000 $1,700,000 b)Countryside Interceptor $1,400,000 $1,400,000 c)Bruell Forcemain&Gravity Sewers $1,550,000 $1,550,000 d)Bruell Lift Station $550,000 $550,000 e)SW Interceptor-Engineering $375,000 $375,000 t)Heartland Circle Onsite Interceptor Recapture $880,000 $880,000 g)Rob Roy Creek Interceptor-Main Branch Design $750,000 $750,000 h)Rob Roy Creek Interceptor-Contract 1 $980,000 $980,000 i)Rob Roy Creek Interceptor-Contract 2 $1,700,000 $1,700,000 j)Rob Roy Creek Interceptor-Contract 3 $2,230,000 $2,230,000 k)Rob Roy Creek Interceptor-Contract 4 $1,850,000 $1,850,000 I)Rob Roy Creek Interceptor-Contract 5 $2,300,000 $2,300,000 m)Rob Roy Creek Interceptor-Contract 6 $2,270,000 $2,270,000 n)Rob Roy Creek Interceptor-East Branch Design $174,000 $174,000 o)Rob Roy Creek Interceptor-E.Branch I $1,760,000 $1,760,000 p)Rob Roy Creek Interceptor-E.Branch 2 $1,040,000 $1,040,000 q)Rob Roy Creek Interceptor-North Branch Design $160,000 $160,000 r)Rob Roy Creek Interceptor-North Branch $2,310,000 $2,310,000 s)Rob Roy Creek Interceptor-West Branch Design $187,000 $187,000 t)FPA Expansions-Area Nos.1-9 $135.000 $135.000 Sub-Total $6,080,000 $18,221,000 $24,301,000 06-07 a)Rob Roy Creek Interceptor-West Branch $3,130,000 $3,130,000 b)SW Interceptor-Contract A $2,600,000 $2,600,000 c)SW Interceptor-Contract B $2,400,000 $2,400,000 d)SW Interceptor-Contract C $980,000 $980,000 e)SW Interceptor-Contract B $880,000 $880,000 e)Fox Hill Sewer Recapture $150.000 $150,000 Sub-Total $150,000 $9,990,000 $10,140,000 07-08 a)SCADA System for Pump Stations $100,000 $100,000 b)Palmer Court Sanitary Sewer Replacement $40.000 $40,000 Sub-Total $140,000 $140,000 08-09 a)Miscellaneous Repairs $30,000 $30,000 c)Game Farm Road Sanitary Sewer Repairs $30,000 $30,000 c)Route 47 Sanitary Sewer Repairs $200.000 $200.000 Sub-Total $260,000 $260,000 09-10 a)Miscellaneous Repairs $30,000 $30,000 b)Sewer Extensions $150.000 $150.000 Sub-Total $180,000 $180,000 10-11 a)City-wide SSES repairs $2,000,000 $2,000,000 b)Miscellaneous Repairs $30,000 $30,000 c)Sewer Extensions $150,000 $150.000 Sub-Total $2,180,000 $2,180,000 Sanitary Total $8,990,000 $28,211,000 $37,201,000 Proposed Street Capital Improvement Proeram 25-Oct-05 Funding Source Year Project General Fund MFT Developer FAU Total 05-06 a)Asphalt Pavement Treatment $35,000 $35,000 b)Crack Sealing $31,000 $31,000 c)Corridor Transportation Study $71,000 $71,000 d)In-Town Road Program(Phase 1)-Utilities Const. $1,000,000 $1,000,000 e)In-Town Road Program(Phase 1)-Roadway Const. $700,000 $700,000 f)In-Town Road Program(Phase 2)-Design $215,000 $215,000 g)Re-stripe Countryside Pkwy&McHugh Road $12,000 $12,000 Sub-Total $2,033,000 $31,000 $2,064,000 06-07 a)Asphalt Pavement Treatment $50,000 $50,000 b)Crack Sealing $40,000 $40,000 c)Wooddale Drive Construction $25,000 $25,000 d)Countryside Pkwy(W.Kendall to E.Kendall) $260,000 $260,000 e)Game Farm Road(Phase 2 Engineering) $50,000 $50,000 $100,000 f)In-Town Road Program(Phase 2)-Utility Construction $500,000 $500,000 g)In-Town Road Program(Phase 2)-Roadway Const. $1,350,000 $1,350,000 h)Kennedy Road(Christy to Bristol Ridge Road) $1,600,000 $1,600,000 i)Corneils Road(Caledonia to Route 47)-Design $60,000 $60,000 j)Route 47(Corneils to Jericho)-Design Engineering $500,000 $500,000 Sub-Total $1,925,000 $350,000 $2,160,000 $50,000 $4,485,000 07-08 a)Asphalt Pavement Treatment $50,000 $50,000 b)Crack Sealing $40,000 $40,000 c)Palmer Court $60,000 $60,000 d)Route 47(Corneils to Jericho)Phase 1 Construction $3,000,000 $3,000,000 e)Corneils Road(Caledonia to Route 47)-Construction $600,000 $600,000 f)Strawberry Lane/Conover Ct $100,000 $100,000 g)Faxon Road Extension to Rt.47 $450,000 $1,000 $451,000 h)Fox Road Reconstruction $275,000 $275,000 i)Kennedy Road(Bristol Ridge to RR tracks) $2,540,000 $2,540,000 j)Game Farm Road(ROW acquisition) $100,000 $100,000 $200,000 k)Streetlight Construction(Various Locations) $50,000 $50,000 Sub-Total $885,000 $241,000 $6,140,000 $100,000 $7,366,000 Proposed Street Capital Improvement Program 25-Oct-05 Funding Source 08-09 a)Asphalt Pavement Treatment $50,000 $50,000 b)Crack Sealing $40,000 $40,000 c)Game Farm Road(Phase 3 Engineering) $50,000 $150,000 $200,000 d)Game Farm Road(Construction) $500,000 $1,500,000 $2,000,000 e)Powers Ct. $60,000 $60,000 I)Route 47 non-participating street costs $500,000 $500,000 (streetlights,traffic signals,Jefferson Street) g)Kennedy Road(RR tracks to Galena) $1,430,000 $1,430,000 h)Mill Road(Kennedy to east end Grande Reserve) $2,640,000 $2,640,000 i)Route 47(Comeils to Jericho)Phase 2 Construction $3,000,000 $3,000,000 j)Streetlight Construction(Various Locations) $50.000 $50,000 Sub-Total $660,000 $590,000 $7,070,000 $1,650,000 $9,970,000 Year Project General Fund MFT Developer FAU Total 09-10 a)Asphalt Pavement Treatment $50,000 $50,000 b)Crack Sealing $40,000 $40,000 c)E.Kendall Drive&Mulhern Court $200,000 $200,000 d)Washington Street(Rt.47-Mill) $100,000 $100,000 e)Route 47(Comeils to Jericho)Phase 3 Construction $3,000,000 $3,000,000 I)Streetlight Construction(Various Locations) $50,000 $50,000 Sub-Total $200,000 $240,000 $3,000,000 $3,440,000 10-11 a)Asphalt Pavement Treatment $50,000 $50,000 b)Crack Sealing $40,000 $40,000 c)W.Kendall Drive&Anderson Court $250,000 $250,000 d)Countryside Subdivision-Units 8&9 $200,000 $200,000 e)McHugh Road resurfacing(E.Main to Walnut) $150,000 $150,000 1)Streetlight Construction(Various Locations) $50,000 $50.000 Sub-Total $450,000 $290,000 $740,000 Streets Total $6,153,000 $1,742,000 $18,370,000 $1,800,000 $28,065,000 Proposed Miscellaneous Capital Improvement Prom-am 25-Oct-OS Funding Source Year Project General Fund MET Developer FAU Total 05-06 a)USGS Groundwater Study $13,000 $13,000 b)Blackberry Creek flood study $24,490 $24,490 c)ISWS Groundwater study $20,036 $20,036 d)Nelson Landfill USGS Study $45,000 $45,000 e)Fox Road Stormwater Study $34,000 $34,000 f)Raymond Storm Sewer Outfall-Design $44,000 $44,000 g)Raymond Regional Detention-Design $175,000 $175,000 h)Raymond Storm Sewer Outfall-Construction $1,000,000 $1,000,000 i)Downtown Brownfield Study $30,000 $30,000 j)City-County Jefferson St.Design $9,000 5_9_,213_ Sub-total $360,526 $1,034,000 $1,394,526 06-07 a)ISWS Groundwater Study $10,364 $10,364 b)Blackberry Creek flood study $24,490 $24,490 c)Nelson Landfill USGS Study $8,000 $34,000 $42,000 d)Downtown Brownfield Study $12,000 $12,000 e)Bury Corn Ed poles $100,000 $100,000 f)Fox Highlands Pond $50,000 $50,000 g)Raymond Detention-Construction $4,000,000 $4,000,000 h)Fox Hill Unit 3 Parking $30,000 $30,000 i)Town Square Sidewalk Replacement $25,000 $25,000 Sub-total $259,854 $4,034,000 $4,293,854 07-08 a)1SWS Groundwater Study $3,455 $3,455 b)BlackberryCreek flood study $10,550 $10,550 c)Bury Corn Ed poles $100,000 $100,000 d)Downtown Brownfield-Remediation $250,000 $250,000 e)Sidewalk Replacement/Extension Program $60,000 $60,000 f)Route 47 sidewalk construction $410,000 $410,000 Sub-total $584,005 $250,000 $834,005 08-09 a)Bury Com Ed poles $100,000 $100,000 b)Sidewalk Replacement/Extension Program $60,000 $60,000 c)ISWS Groundwater Study $691 $691 Sub-total $160,691 $160,691 09-10 a)Bury Com Ed poles $100,000 $100,000 b)Sidewalk Replacement/Extension Program $60,000 $60,000 Sub-total $160,000 $160,000 10-11 a)Bury Com Ed poles $100,000 $100,000 b)Sidewalk Replacement/Extension Program $60,000 $60,000 Sub-total $160,000 $160,000 Misc.Total $1,685,076 $5,318,000 $7,003,076 Summary of Capital Improvement Program 25-Oct-05 Funding Source Year Category General Fund MFT Developer FAU Total 05-06 a)Water Improvements $4,027,000 $4,027,000 b)Sanitary Improvements $6,080,000 $18,221,000 $24,301,000 c)Street Improvements $2,033,000 $31,000 $2,064,000 d)Miscellaneous Improvements $360,526 $1,034,000 $1394,526 Totals $12,500,526 $31,000 $19,255,000 $31,786,526 06-07 a)Water Improvements $1,125,000 $1,950,000 $3,075,000 b)Sanitary Improvements $150,000 $9,990,000 $10,140,000 c)Street Improvements $1,925,000 $350,000 $2,160,000 $50,000 $4,485,000 d)Miscellaneous Improvements $259,854 $4,034,000 54,293,854 Totals $3,459,854 $350,000 $18,134,000 $50,000 $21,993,854 07-08 a)Water Improvements $2,765,000 $2,765,000 b)Sanitary Improvements $140,000 $140,000 c)Street Improvements $885,000 $241,000 $6,140,000 $100,000 $7,366,000 d)Miscellaneous Improvements $584,005 $250,000 $834,005 Totals $4,374,005 $241,000 $6,390,000 $100,000 $11,105,005 08-09 a)Water Improvements $650,000 $650,000 b)Sanitary Improvements $260,000 $260,000 c)Street Improvements $660,000 $590,000 $7,070,000 $1,650,000 $9,970,000 d)Miscellaneous Improvements $160,691 $160,691 Totals $1,730,691 $590,000 $7,070,000 $1,650,000 $11,040,691 09-10 a)Water Improvements $450,000 $450,000 b)Sanitary Improvements $180,000 $180,000 c)Street Improvements $200,000 $240,000 $3,000,000 $3,440,000 d)Miscellaneous Improvements $160,000 $160,000 Totals $990,000 $240,000 $3,000,000 $4,230,000 10-11 a)Water Improvements $850,000 $850,000 b)Sanitary Improvements $2,180,000 $2,180,000 c)Street Improvements $450,000 $290,000 $740,000 d)Miscellaneous Improvements $160,000 $160,000 Totals $3,640,000 $290,000 $3,930,000 Total Cost of 6-year Program $26,695,076 $1,742,000 $53,849,000 $1,800,000 $84,086,076 cii. .c0) o United City of Yorkville Memo ..c% 800 Game Farm Road ESI% ,1`=.1336 Yorkville, Illinois 60560 ... - �-9$1P Telephone: 630-553-8545 o >:; 1 Fax: 630-553-3436 Date: July 15, 2005 To: Tony Graff, City Administrator . From: Joe Wywrot, City Engineer CC: Traci Pleckham, Finance Director Liz D'Anna, City Secretary Subject: Fox Hill Unit 3 —Additional Parking I have been requested by Bill Dettmer to investigate the possibility of constructing additional parking in Unit 3 of the Fox Hill Subdivision. Attached find location sketches and a preliminary cost estimate for adding on-street parking along Cottonwood Trail. A total of 11 new spaces are proposed at a cost of approximately$30,000. The additional parking areas would be expanded, and a new parking area would be constructed on the east side of Cottonwood Trail just north of Stoneridge Circle. Some tree removal would be necessary, but the cost estimate does not include tree replacement. A project of this size will require competitive bidding. We will need time to prepare plans and bidding documents. If we build the additional parking this year, it would not be ready for use until late in the year. Before we begin we should confirm with the Homeowner's Association that they agree with the size and location of the additional parking, and that they will own and maintain the additional parking similar to the existing parking. Please place this item on the Public Works Committee agenda of July 25, 2005 for discussion. . 06 r,�4 e,T c United City of Yorkville Memo �-^ "6 800 Game Farm Road Est. �, 'is Yorkville, Illinois 60560 ...4,; ,__,,,,_- , .iTelephone: 630- -bt Fax: 630-553553-34368545 4 • Date: July 15, 2005 To: Tony Graff, City Administrator . From: Joe Wywrot, City Engineer CC: Traci Pleckham,Finance Director Liz D'Anna, City Secretary Subject: Fox Hill Unit 3—Additional Parking I have been requested by Bill Dettmer to investigate the possibility of constructing additional parking in Unit 3 of the Fox Hill Subdivision. Attached find location sketches and a preliminary cost estimate for adding on-street parking along Cottonwood Trail. A total of 11 new spaces are proposed at a cost of approximately$30,000. The additional parking areas would be expanded, and a new parking area would be constructed on the east side of Cottonwood Trail just north of Stoneridge Circle. Some tree removal would be necessary, but the cost estimate does not include tree replacement. A project of this size will require competitive bidding. We will need time to prepare plans and bidding documents. If we build the additional parking this year, it would not be ready for use until late in the year. Before we begin we should confirm with the Homeowner's Association that they agree with the size and location of the additional parking, and that _ they will own and maintain the additional parking similar to the existing parking. Please place this item on the Public Works Committee agenda of July 25, 2005 for discussion. 15-Jul-05 Preliminary Cost Estimate Fox Hill Unit 3 Parking Addition Item Quantity Unit Unit Price Cost 1 Curb Removal 70 LF $5.00 $350.00 2 Comb. Curb& Gutter 250 LF $25.00 $6,250.00 3 Sidewalk Removal 700 SF $2.00 $1,400.00 4 PCC Sidewalk 200 SF $6.00 $1,200.00 5 MH Adjustment 1 EA $500.00 $500.00 6 Earth Excavation 170 CV $10.00 $1,700.00 7 Aggregate Base, 10" 210 TON $30.00 $6,300.00 8 Bit. Binder Course2.5" 55 TON $50.00 $2,750.00 9 Bit. Surface Course, 1.5" 33 TON $50.00 $1,650.00 10 Striping 400 LF $3.00 $1,200.00 11 Landscape Restoration 150 SY $10.00 $1,500.00 12 Tree Removal 3 EA $250.00 $750.00 Sub-total: $25,550.00 Plus 15%contingency $3,832.50 Total: $29,382.50 Number of new stalls: 11 Price per new stall: $2,671 .,\ \ PARK 4,' a, ci TLDT 1 tit on • \-c \I i \ . . % L o Q \� SITE LANDSCAPING IS DEPICTED ON SEPARA . \ STORM SEWERS THAT DO NOT DRAIN ANY \� STREET PAVEMENT WILL BE OWNED AND �� 3r2 y�\ •:11/46A � MAINTAINED BY HOMEOWNER'S ASSOCIATION ,p �� ��•� yRADiN Nf7TFc• N�'p �0. \\ ELEVATION OF FINISt�ED GRADE (FG) OU �. 15 AT LEAST 0.67' BELOW TOP OF FOUr - `' �' G1L 7! �v B POwF GARAGE FLOOR (TGF) IS AT LE, OR WAY10 \ / TOP OF FOUNDATION (TF) CONE• TIS S `. GRADIENT OF ' \ �� �� OF 1.42 BUT DARESAY MAXOIMUM GRADE v ro x DIE • 5\\ ' • SIDEwAIK . .. . ,,o PAVING IN OFFSTREET PARKIN G s ,`�� �\ 'df-)1t� TypiCALLY ONSIST OF 8' IDOT AREAS 8 BASE ` ,.� J.� y�f OOT C I MIX D SURFACE J • as '.� ,• �'� � � 7t \*/ SL�5rti \' \lo .. 421 \� + .�`T ACROSSSED PA G LAGER (TYPICAL) • \ IS \ \ 0111i 40 0 . \ . 15R15i& /1! irt.,..5.+ � . Il ilk h. - _ •............___ _ 4- 0 / / / l .. T /fr ' kg3 7/ - 1 \01. c'N C;;) ‘' c\c;4° s. % 13 .35 5 35 ______./ .% . ilYkli t. 41 ". '"- _. ( / 61 k...J,,..‘ I ;/.'E 1 > \ , • -.1 11 ‘,,,) / • • Q. -• .• . I /\\ --"..- ,... - _. t i"-tirot h/dir \2C.4-,,, !! !) k tiiiiir , 47: filpi 40)00":000°,4 . \ a.: \-----,_ \ v) AA - . , a\ \\ / .7 11144:, 0 Jr'` v. ,"' ,. \ ^ , 1, z 1 . �e •/ j n <H. ' - _-' 'Air I L / !/ i II l UNIr