The URL can be used to link to this page

Public Works Packet 2019 03-19-19 AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday, March 19, 2019 6:00 p.m. City Hall Conference Room 800 Game Farm Road, Yorkville, IL Citizen Comments: Minutes for Correction/Approval: February 19, 2019 New Business: 1. PW 2019-13 Snow Operations Report 2. PW 2019-14 Fox Highlands – Raintree Village Water Main Interconnect – Change Order No. 1 3. PW 2019-15 Church Street Sanitary Sewer Improvements – Engineering Agreement 4. PW 2019-16 2019 Road to Better Roads Program – Contract Award 5. PW 2019-17 Fox Hill Unit 7 – Easement Abrogation 6. PW 2019-18 Wyland National Mayors Challenge for Conservation 7. PW 2019-19 Hanging Baskets 8. PW 2019-20 Utility Box Art 9. PW 2019-21 Speed Sign Update Old Business: 1. PW 2018-102 East Alley and Van Emmon Additional Business: 2018/2019 City Council Goals – Public Works Committee Goal Priority Staff “Road to Better Roads Funding” 5 Bart Olson, Eric Dhuse & Rob Fredrickson “Water Planning” 6 Eric Dhuse & Brad Sanderson “Municipal Building Needs & Planning” 7 Bart Olson, Eric Dhuse, Rob Fredrickson, Tim Evans & Erin Willrett “Traffic Patrol” 9 Eric Dhuse & Rich Hart “Whispering Meadows” 10 Bart Olson & Brad Sanderson “Vehicle Replacement” 12 Bart Olson, Eric Dhuse, Rob Fredrickson, Rich Hart & Tim Evans “Water Conservation Plan” 14 Eric Dhuse & Brad Sanderson “Capital Improvement Plan” 16 Eric Dhuse, Rob Fredrickson & Brad Sanderson United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us UNITED CITY OF YORKVILLE WORKSHEET PUBLIC WORKS COMMITTEE Tuesday, March 19, 2019 6:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. February 19, 2019 □ Approved __________ □ As presented □ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2019-13 Snow Operations Report □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2019-14 Fox Highlands – Raintree Village Water Main Interconnect – Change Order No. 1 □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2019-15 Church Street Sanitary Sewer Improvements – Engineering Agreement □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2019-16 2019 Road to Better Roads Program – Contract Award □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2019-17 Fox Hill Unit 7 – Easement Abrogation □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2019-18 Wyland National Mayors Challenge for Conservation □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2019-19 Hanging Baskets □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 8. PW 2019-20 Utility Box Art □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 9. PW 2019-21 Speed Sign Update □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2018-102 East Alley and Van Emmon □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Minutes Tracking Number Minutes of the Public Works Committee – February 19, 2019 Public Works Committee – March 19, 2019 Majority Committee Approval Minute Taker Name Department Page 1 of 2 DRAFT UNITED CITY OF YORKVILLE PUBLIC WORKS COMMITTEE Tuesday, February 19, 2019, 6:00pm Yorkville City Hall, Conference Room 800 Game Farm Road IN ATTENDANCE: Committee Members Chairman Joel Frieders Alderman Seaver Tarulis Alderman Jackie Milschewski Alderman Ken Koch Other City Officials City Administrator Bart Olson Engineer Brad Sanderson, EEI Assistant City Administrator Erin Willrett Public Works Director Eric Dhuse Other Guests: Mark Lewan, Rowdy's Dan Thatcher, Rowdy's The meeting was called to order at 6:00pm by Chairman Joel Frieders. Citizen Comments: None At this time, Chairman Frieders paid tribute to those who were killed in the recent shooting in Aurora. Previous Meeting Minutes: January 15, 2019 The minutes were approved as presented. New Business: 1. PW 2019-09 Snow Operations Report Mr. Dhuse said salt usage was almost 1,200 tons and a total of about 10,000 miles were driven by each the big trucks and smaller trucks. Additional salt was recently ordered and the state allocation has now been met. Mr. Olson noted that 40 tons of salt were sold to the school district at cost since they depleted their supply. Four trucks are in various stages of repair/operation. He said there are 9 plow routes and one truck is needed as a backup. The fleet of trucks will be considered as part of the budget proposals. 2. PW 2019-10 Water Department Reports for October, November, December 2018 Director Dhuse said there was nothing outstanding in the reports and Public Works continues to comply with EPA rules. Only two breaks were noted so far this year. These reports move to the Council consent agenda. Page 2 of 2 3. PW 2019-11 Downtown Train Track Gates Mr. Olson said there was no repair or replacement update from the railroad following two high profile incidents in the last month including a gate malfunction and train malfunction. Alderman Milschewski asked about fines when the crossings are blocked and Mr. Olson said there is a fee structure, but he is unaware of the amounts. Chairman Frieders noted other traffic problems in general, on Rt. 47 and construction on Rt. 34 and said he had attended a Sugar Grove planning meeting last month. Mr. Olson noted that funding for Rt. 47 from Galena to Cross St. has been approved. 4. PW 2019-12 Windett Ridge Bond Release. Developers have completed all the items except a shared use path repair for which they will pay cash to the city in lieu of repair. The repair is a short patch at a cost of $3,200. Staff is OK with that decision and when the check is received, Mr. Sanderson recommended release of the maintenance bond. The HOA has been notified and a letter was also sent notifying them that they need to assume the trail maintenance this year. This moves to the Council consent agenda. Old Business: None 1. PW 2018-102 East Alley and Van Emmon The traffic issues resulting from drop-offs/pick-ups of students at YPAC was discussed at least month's meeting and this was brought back for further consideration. Mr. Olson said 4 options have been drafted stating the pros and cons, with the staff recommendation being option #3. After committee discussion, option #2 was determined to the best solution with proper signage, repairs, striping, etc. Mr. Olson said a recommended light is not included in the cost estimate and that information will be brought to the next meeting. Another option is to place a light on the back of the Farm Bureau building. The construction will also be subject to an agreement with the owner of Imperial Investments. Additional Business: Ms. Milschewski noted a light burned out on the bridge. There was no further business and the meeting was adjourned at 6:25pm. Minutes respectfully transcribed by Marlys Young, Minute Taker Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #1 Tracking Number PW 2019-13 Snow Operations Report March 2019 Public Works Committee – March 19, 2019 None Informational only Snow operations report from Feb 16th – March 11th Eric Dhuse Public Works Name Department Summary Below please find the monthly report for snow removal operations. I have also included salt and brine data that we have gathered from our trucks. Background The PW and Parks Departments performed snow removal operations on February 17th and February 20th. These snow events were nothing out of the ordinary and were dealt with easily. Below, please find the spreadsheet which details the totals for the month. 2/14‐3/11 3/11/2019 Recorder ED Total Miles Average Lbs of Tons of Lbs of Gallons of Gal Brine/ Salt Brine Route Truck ID Driven MPH Salt Used Salt Used Salt/Mi. Brine Used Ton Salt Miles Miles 1 9 179.40 15.00 42292.00 21.15 458.00 325.00 15.37 107.00 107.00 2 27 134.40 7.20 29956.00 14.98 370.00 449.00 29.98 81.00 73.00 3 13 148.70 7.00 35533.00 17.77 395.00 405.00 22.80 90.00 90.00 4 23 189.40 8.00 44592.00 22.30 402.00 168.00 7.53 111.00 83.00 5 10 Shop 0.00 0.00 0.00 6 28 115.30 5.00 39128.00 19.56 398.00 479.00 24.48 98.00 98.00 7 22 0.00 0.00 8 11 189.00 11.00 35047.00 17.52 381.00 510.00 29.10 92.00 92.00 956 6.65 226548 113 343.43 2336 21.54 579 543 Avg. Avg. Avg. Additional tons of salt estimated to be used by truck 22 20 Additional tons of salt estimated to be used by one ton trucks 18 TOTAL ESTIMATED SALT USAGE 151 Snow Event Date MONTHLY TOTALS Date of Recording EVENT TOTALS Fleet Status Y10- was repaired, but not in time to plow. The cost was originally estimated at $3500, came in at a little over $5000. Needed more parts which took longer to replace. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, Administrator Date: March 11, 2019 Subject: March Snow Operations Report Y 28 – Still have not taken to get repaired. Using as a salt truck until winter is over. Y22 – Still trying to get all the parts needed to complete this truck. Did receive a few more, but not the main harness. Y19 – Bent plow frame. Replaced damaged part, operational once more. Recommendation I would ask that this be placed on the March 19, 2019 Public Works Committee meeting as an informational item. If you have any questions or need further information, please let me know. Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #2 Tracking Number PW 2019-14 Fox Highlands-Raintree Village Water Main Interconnect Public Works Committee – March 19, 2019 Majority Consideration of Approval Consideration of Change Order No. 1 Brad Sanderson Engineering Name Department The purpose of this memo is to present Change Order No. 1 for the above referenced project. A Change Order, as defined by in the General Conditions of the Contract Documents, is a written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents, or authorizing an adjustment in the Contract Price or Contract Time. Background: The United City of Yorkville and Innovative Underground, LLC entered into an agreement for a contract value of $292,304.00 for the above referenced project. Questions Presented: Should the City approve Change Order No. 1 which would decrease the contract amount by $49,859.32. Discussion: Changes are per as-built quantities measured in the field. Please see the attached summary spreadsheet. We are recommending approval of the change order. Action Required: Consideration of approval of Change Order No. 1 in the amount of $49,859.32 Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Erin Willrett, Assistant City Administrator Krysti Barksdale-Noble, Community Dev. Dir. Lisa Pickering, Deputy City Clerk Date: March 19, 2019 Subject: Fox Highlands Water Main Interconnect CHANGE ORDER Order No. 1 (Balancing) Date: March 4, 2019 Agreement Date: May 10, 2018 NAME OF PROJECT: Fox Highlands-Raintree Village Water Main Interconnect OWNER: United City of Yorkville CONTRACTOR: Vian Construction Co., Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: 1. SEE ATTACHED Change of CONTRACT PRICE: Original CONTRACT PRICE: $292,304.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $292,304.00 The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (decreased) by: $49,859.32 The new CONTRACT PRICE including this CHANGE ORDER will be: $242,444.68 Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (decreased) by 0 calendar days. The date for completion of all work will be November 15, 2018 Justification 1-24) Changes per as-built quantities measured in the field. Approvals Required Requested by: Vian Construction Co., Inc. Recommended by: Engineering Enterprises, Inc. Accepted by: United City of Yorkville CHANGE ORDER NO. 1 (BALANCE) FOX HIGHLANDS-RAINTREE VILLAGE WATER MAIN INTERCONNECT UNITED CITY OF YORKVILLE QUANTITY COST QUANTITY COST 1 FOOT 1,010 108.00$ 0 -$ 85.5 9,234.00$ 2 FOOT 188 40.00$ 0 -$ 48 1,920.00$ 3 LB 740 5.00$ 0 -$ 172 860.00$ 4 EACH 1 1,200.00$ 0 -$ 1 1,200.00$ 5 FOOT 25 56.00$ 0 -$ 25 1,400.00$ 6 CUYD 250 22.00$ 0 -$ 250 5,500.00$ 7 EACH 4 300.00$ 0 -$ 1 300.00$ 8 LB 3812 2.00$ 0 -$ 3197 6,394.00$ 9 SQYD 1,540 4.00$ 11 44.00$ 0 -$ 10 TON 230 126.00$ 0 -$ 9.7 1,222.20$ 11 TON 140 88.00$ 15.37 1,352.56$ 0 -$ 12 FOOT 2000 2.00$ 53.5 107.00$ 0 -$ 13 SQFT 225 10.00$ 0 -$ 225 2,250.00$ 14 FOOT 55 48.00$ 0 -$ 27 1,296.00$ 15 SQYD 30 88.00$ 0 -$ 30 2,640.00$ 16 EACH 2 400.00$ 0 -$ 2 800.00$ 17 FOOT 60 65.00$ 0 -$ 60 3,900.00$ 18 FOOT 10 70.00$ 0 -$ 10 700.00$ 19 FOOT 10 375.00$ 0 -$ 10 3,750.00$ 20 SQYD 90 45.00$ 85.2 3,834.00$ 0 -$ 21 TON 50 50.00$ 0 -$ 50 2,500.00$ 22 TON 50 50.00$ 0 -$ 50 2,500.00$ 23 FOOT 200 4.00$ 0 -$ 200 800.00$ 24 UNIT 10000 1.00$ 0 -$ 6030.68 6,030.68$ 5,337.56$ (55,196.88)$ 292,304.00$ 292,304.00$ ($49,859.32) 242,444.68$ COMBINATION CURB AND GUTTER REMOVAL AND REPLACEMENT PCC DRIVEWAY REMOVAL AND REPLACEMENT STORM SEWER REPAIR, RCP, 12-INCH HOT-MIX ASPHALT PAVEMENT REMOVAL HOT-MIX ASPHALT BINDER COURSE, IL-19.0, N50 HOT-MIX ASPHALT SURFACE COURSE, MIX "D", N50 ROADWAY EDGE CRACK SEALING SIDEWALK REMOVAL AND REPLACEMENT RESTORATION PERIMETER EROSION BARRIER STORM SEWER REPAIR, RCP, 15-INCH STORM SEWER REPAIR, RCP, 30-INCH NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL, TYPE 1 NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL, TYPE 2 NEW CONTRACT PRICE: ALLOWANCE - ITEMS ORDERED BY THE ENGINEER TOTAL ADDITIONS = TOTAL DEDUCTIONS = ORIGINAL CONTRACT PRICE: CURRENT CONTRACT PRICE ADJUSTED BY PREVIOUS CHANGE ORDERS: AMOUNT OF CURRENT CHANGE ORDER: DEDUCTIONSITEMS SANITARY SERVICE REPAIR, PVC SDR-26, D-2241, 6-INCH ITEM NO.UNIT CONTRACT QUANTITY UNIT PRICE ADDITIONS WATER MAIN, 8-INCH D.I.P, CLASS 52, WITH POLYETHYLENE WRAP WATER MAIN PROTECTION, PVC, C-900, 12-INCH DUCTILE IRON FITTINGS WATER SERVICE CONNECTION, 1-INCH WATER SERVICE PIPE, 1-INCH TYPE K COPPER FOUNDATION MATERIAL EXPLORATORY EXCAVATION BITUMINOIS MATERIALS (TACK COAT) Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #3 Tracking Number PW 2019-15 Church Street Sanitary Sewer Improvements – Engineering Agreement Public Works Committee – March 19, 2019 Majority Approval Please see attached. Bart Olson Administration Name Department Church Street Sanitary Sewer Improvements United City of Yorkville, Kendall County, IL Professional Services Agreement - Design and Construction Engineering THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred to as the "City" or “OWNER” and Engineering Enterprises, Inc. hereinafter referred to as the "Contractor" or “ENGINEER” agrees as follows: A. Services: ENGINEER agrees to furnish to the City the following services: The ENGINEER shall provide any and all necessary engineering services to the City as indicated on the included exhibits. Design and Construction engineering will be provided for sanitary sewer rehabilitation and lining on Church Street (see Exhibit 5 for project limits). Engineering will be in accordance with all City, Standard Specifications for Water and Sewer Construction in Illinois, Illinois Department of Transportation, and Illinois Environmental Protection Agency requirements. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non- terminating party or upon completion of the Services. Upon termination the ENGINEER shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to ENGINEER: ENGINEER shall receive as compensation for all work and services to be performed herein, an amount based on the Estimate of Level of Effort and Associated Cost included in Exhibit 3. Design Engineering will be paid for as a Fixed Fee (FF) in the amount of $13,215 and Construction Engineering will be paid for Hourly (HR) at the actual rates for services to be performed, currently estimated at $15,999. The hourly rates for this project are shown in the attached 2018 Standard Schedule of Charges (Exhibit 6). All payments will be made according to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract is designated in Section B hereof as an Ongoing Contract, ENGINEER, on or before February 1st of any given year, shall provide written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after May 1st of that same year. Church Street Sanitary Sewer Improvements United City of Yorkville Professional Services Agreement Design and Construction Engineering E. Ownership of Records and Documents: ENGINEER agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. ENGINEER agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the freedom of information act or if already previously disclosed by a third party. Upon termination of this agreement, ENGINEER agrees to return all such materials to the City. The City agrees not to modify any original documents produced by ENGINEER without contractors consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER’s sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER’s sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kendall County, Illinois. G. Independent Contractor: ENGINEER shall have sole control over the manner and means of providing the work and services performed under this agreement. The City’s relationship to the ENGINEER under this agreement shall be that of an independent contractor. ENGINEER will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery : The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in default for a period of six months or more in an amount of $600 or more on the repayment of any educational loan guaranteed by the Illinois State Scholarship Commission made by an Illinois institution of higher education or any other loan made from public funds for the purpose of financing higher education (5 ILCS 385/3). Church Street Sanitary Sewer Improvements United City of Yorkville Professional Services Agreement Design and Construction Engineering Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony. Barred from Contracting : The Contractor certifies that it has not been barred from contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois Compiled Statutes 5/33E or similar law of another state. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity : The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment under the Contract, all books and records relating to the performance of the Contract and necessary to support amounts charged to the City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City and the Illinois Auditor General. If this Contract is funded from contract/grant funds provided by the U.S. Government, the Contract, books, and records shall be available for review and audit by the Comptroller General of the U.S. and/or the Inspector General of the federal Church Street Sanitary Sewer Improvements United City of Yorkville Professional Services Agreement Design and Construction Engineering sponsoring agency. The Contractor agrees to cooperate fully with any audit and to provide full access to all relevant materials. United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in accordance with requirements imposed by the Internal Revenue Services for withholding and reporting federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen ___ Resident Alien ___ Non-Resident Alien The Internal Revenue Service requires that taxes be withheld on payments made to non resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its Federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): ___ Individual ___ Real Estate Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation ___ Trust or Estate ___ Medical and Health Care Services Provider Corp. I. Indemnification: ENGINEER shall indemnify and hold harmless the City and City’s agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by ENGINEER or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of ENGINEER or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall the either party indemnify any other party for the consequences of that party’s negligence, including failure to follow the ENGINEER’s recommendations. J. Insurance: The ENGINEER agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied) K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attachments. Except for those terms included on the attachments, no additional terms are included as a part of this agreement. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally or in any Church Street Sanitary Sewer Improvements United City of Yorkville Professional Services Agreement Design and Construction Engineering manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of exhibits is as follows: Exhibit 1: Professional Engineering Services Exhibit 2: Limitation of Authority, Duties and Responsibilities of the Resident Construction Observer Exhibit 3: Estimate of Level of Effort and Associated Cost Exhibit 4: Anticipated Project Schedule Exhibit 5: Location Map Exhibit 6: 2018 Standard Schedule of Charges L. Notices: All notices required to be given under the terms of this agreement shall be given mail, addressed to the parties as follows: For the City: For the ENGINEER: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 800 Game Farm Road Sugar Grove Illinois 60554 Yorkville, IL 60560 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. Agreed to this _____day of __________________, 2019. United City of Yorkville: Engineering Enterprises, Inc.: _________________________________ ________________________________ Gary Golinski Brad Sanderson, P.E. Mayor Vice President _________________________________ ________________________________ Beth Warren Angie Smith City Clerk Executive Assistant 1 EXHIBIT 1 SECTION A - PROFESSIONAL DESIGN ENGINEERING SERVICES For purposes of this Exhibit 1 and all attachments hereto, the term “contractor” shall not refer to Engineering Enterprises, Inc., but shall instead refer to individuals or companies contracted with, to construct or otherwise manage the project described herein. The ENGINEER shall furnish professional design engineering services as follows: 1. The ENGINEER will attend conferences with the OWNER, or other interested parties as may be reasonably necessary. 2. The ENGINEER will perform the necessary design surveys, accomplish the detailed design of the project, prepare construction drawings, specifications and contract documents, and prepare a final cost estimate based on final design for the entire system. It is also understood that if subsurface explorations (such as borings, soil tests, rock soundings and the like) are required, the ENGINEER will furnish coordination of said explorations without additional charge, but the costs incident to such e xplorations shall be paid for by the OWNER as set out in Section D hereof. 3. The contract documents furnished by the ENGINEER under Section A-2 shall utilize IEPA endorsed construction contract documents, including Supplemental General Conditions, Contract Change Orders, and partial payment estimates. 4. Prior to the advertisement for bids, the ENGINEER will provide for each construction contract, not to exceed 10 copies of detailed drawings, specifications, and contract documents for use by the OWNER, appropriate Federal, State, and local agencies from whom approval of the project must be obtained. The cost of such drawings, specifications, and contract documents shall be included in the basic compensation paid to the ENGINEER. 2 5. The ENGINEER will furnish add itional copies of the drawings, specifications and contract documents as required by prospective bidders, material suppliers, and other interested parties, but may charge them for the reasonable cost of such copies. Upon award of each contract, the ENGINEER will furnish to the OWNER five sets of the drawings, specifications and contract documents for execution. The cost of these sets shall be included in the basic compensation paid to the ENGINEER. Original documents, survey notes, tracings, and the like , except those furnished to the ENGINEER by the OWNER, are and shall remain the property of the ENGINEER. 6. The drawings prepared by the ENGINEER under the provisions of Section A -2 above shall be in sufficient detail to permit the actual location of the proposed improvements on the ground. The ENGINEER shall prepare and furnish to the OWNER without any additional compensation, three copies of map(s) showing the general location of needed construction easements and permanent easements and the land to be acquired. Property surveys, property plats, property descriptions, abstracting and negotiations for land rights shall be accomplished by the OWNER, unless the OWNER requests, and the ENGINEER agrees to provide those services. In the event the ENGINEER is requested to provide such services, the ENGINEER shall be additionally compensated as set out in Section D hereof. 7. The ENGINEER will attend the bid opening and tabulate the bid proposal, make an analysis of the bids, and make recommendations for awarding contracts for construction. 8. The ENGINEER further agrees to obtain and maintain, at the ENGINEER’s expense, such insurance as will protect the ENGINEER from claims under the Workman’s Compensation Act and such comprehensive general liability insurance as will protect the OWNER and the ENGINEER from all claims for bodily injury, death, or property damage which may arise from the performance by the ENGINEER or by the ENGINEER’s employees of the ENGINEER’s functions and services required under this Agreement. 3 9. The ENGINEER will complete the final plans, specifications and contract documents and submit for approval of the OWNER, and all State regulatory agencies to meet the project schedule(s) as summarized in Exhibit 4: “Anticipated Project Schedule – Church Str eet Sanitary Sewer Improvements” dated February 19, 2019. SECTION B - PROFESSIONAL CONSTRUCTION ENGINEERING SERVICES The ENGINEER shall furnish professional construction engineering services as follows: 1. The ENGINEER will review, for conformance with the design concept, shop and working drawings required by the construction Contract Documents and indicate on the drawings the action taken. Such action shall be taken with reasonable promptness. 2. The ENGINEER will interpret the intent of the drawings a nd specifications to protect the OWNER against defects and deficiencies in construction on the part of the contractors. The ENGINEER will not, however, guarantee the performance by any contractor. 3. The ENGINEER will evaluate and determine acceptability of substitute materials and equipment proposed by Contractor(s). 4. The ENGINEER will establish baselines for locating the work together with a suitable number of bench marks adjacent to the work as shown in the contract documents. 4 5. The ENGINEER will provid e general engineering review of the work of the contractor(s) as construction progresses to ascertain that the contactor is conforming to the design concept. (a) ENGINEER shall have authority, as the OWNER’s representative, to require special inspection of or testing of the work, and shall receive and review all certificates of inspections, testing and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents (but only to determine generally that their content comp lies with requirements of, and the results certified indicate compliance with, the Contract Documents). (b) During such engineering review, ENGINEER shall have the authority, as the OWNER’s representative, to disapprove of or reject contractor(s)’ work while it is in progress if ENGINEER believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the Project as reflected in the Contract Documents. 6. The ENGINEER will provide resident construction observation. Resident construction observation shall consist of visual inspection of materials, equipment, or construction work for the purpose of ascertaining that the work is in substantial confo rmance with the contract documents and with the design intent. Such observation shall not be relied upon by others as acceptance of the work. The ENGINEER’s undertaking hereunder shall not relieve the contractor of contractor’s obligation to perform the work in conformity with the drawings and specifications and in a workmanlike manner; shall not make the ENGINEER an insurer of the contractor’s performance; and shall not impose upon the ENGINEER any obligation to see that the work is performed in a safe manner. Exhibit 2 - The Limitations of Authority, Duties and Responsibilities of the Resident Construction Observer is attached to this Agreement. 5 7. The ENGINEER will cooperate and work closely with representatives of the OWNER. 8. Based on the ENGINEER’s on-site observations as an experienced and qualified design professional, on information provided by the Resident Construction Observer, and upon review of applications for payment with the accompanying data and schedules by the contractor, the ENGINEER: (a) Shall determine the amounts owing to contractor(s) and recommend in writing payments to contractor(s) in such amounts. Such recommendations of payment will constitute a representation to OWNER, based on such observations and review, that the work has progressed to the point indicated, and that, to the best of the ENGINEER’s knowledge, information and belief, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of such work as a functioning whole prior to or upon substantial completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation). (b) By recommending any payment, ENGINEER will not hereby be deemed to have represented that exhaustive, continuous or detailed reviews or examinations have been made by ENGINEER to check the quality or quantity of contractor(s)’ work as it is furnished and performed beyond the responsibilities specifically assigned to ENGINEER in the Agree ment and the Contract Documents. ENGINEER’s review of contractor(s)’ work for the purposes of recommending payments will not impose on Engineer responsibility to supervise, direct or control such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto or contractor(s) compliance with laws, rules, regulations, ordinances, codes or orders applicable to their furnishing and performing the work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what 6 purposes any contractor has used the moneys paid on account of the Contract Price, or to determine that title to any of the work, materials equipment has passed to OWNER free and clear of any lien, claims, security interests, or encumbrances, or that there may not be other matters at issue between OWNER and contractor that might affect the amount that should be paid. 9. The ENGINEER will prepare necessary contract change orders for approval of the OWNER, and others on a timely basis. 10. The ENGINEER will make a final review prior to the issuance of the statement of substantial completion of all construction and submit a written report to the OWNER. Prior to submitting the final pay estimate, the ENGINEER shall submit the statement of completion to and obtain the written acceptance of the facility from the OWNER. 11. The ENGINEER will provide the OWNER with one set of reproducible record (as-built) drawings, and two sets of prints at no additional cost to the OWNER. Such drawings will be based upon construction records provided by the contractor during construction and reviewed by the resident construction observer and from the resident construction observer’s construction data. 12. If State Statutes require notices and advertisements of final payment, the ENGINEER shall assist in their preparation. 13. The ENGINEER will be available to furnish engineering services and consultations necessary to correct unforeseen project operation difficulties for a period of one year after the date of statement of substantial completion of the facility. This service will include instruction of the OWNER in initial project operation and maintenance but will not include supervision of normal operation of the sys tem. Such consultation and advice shall be at the hourly rates as described in the attached Exhibit 6: Standard Schedule of Charges dated January 1, 2018. 7 The ENGINEER will assist the OWNER in performing a review of the project during the 11th month afte r the date of the certificate of substantial completion. 14. The ENGINEER further agrees to obtain and maintain, at the ENGINEER’s expense, such insurance as will protect the ENGINEER from claims under the Workman’s Compensation Act and such comprehensive general liability insurance as will protect the OWNER and the ENGINEER from all claims for bodily injury, death, or property damage which may arise from the performance by the ENGINEER or by the ENGINEER’s employees of the ENGINEER’s functions and services required under this Agreement. 15. The ENGINEER will provide construction engineering services in accordance with the periods summarized in Exhibit 4: “Anticipated Project Schedule – Church Street Sanitary Sewer Improvements” dated February 19, 2019. If the above is not accomplished within the time period specified, this Agreement may be terminated by the OWNER. The time for completion may be extended by the OWNER for a reasonable time if completion is delayed due to unforeseeable cases beyond the control and without the fault or negligence of the ENGINEER. Pursuant to Paragraph D “Changes in Rates of Compensation”, the contract shall be designated on-going consistent with the project schedule. 8 SECTION C – COMPENSATION FOR ENGINEERING SERVICES 1. The OWNER shall compensate the ENGINEER for professional design engineering services in the amount of $13,215 (FF) as summarized on Exhibit 3: “Estimate of Level of Effort and Associated Cost for Professional Engineering Services for Church Street Sanitary Sewer Improvements” dated February 19, 2019. (a) The compensation for the professional design engineering services shall be payable as follows: (1) A sum which does not exceed ninety percent (90%) of the total comp ensation payable under Section C -1 shall be paid in monthly in crements for work actually completed and invoiced, for grant administration and for the preparation and submission to the OWNER and/or IEPA of the construction drawings, specifications, cost estimates and contract documents. (2) A sum which, together with the compensation paid pursuant to Section C-1(a)(1) above, equals one hundred percent (100%) of the total compensation due and payable in accord with Section C -1 above, shall be due immediately after the award of construction contract(s) is approved by the corporate authorities. 2. The OWNER shall compensate the ENGINEER for the construction administration, construction staking, construction observation (including the Resident Construction Observer), and any additional consultation and surveying services on the basis of Hourly Rates (HR) as described on the attached Exhibit 6: Standard Schedule of Charges dated January 1, 2018. The estimated values are included in Exhibit 3: “Estimate of Level of Effort and Associated Cost for Professional Engineering Services for Church Street Sanitary Sewer 9 Improvements” dated February 19, 2019 and are estimated at $15,999 Hourly (HR). (a) The compensation for the construction administration, construction staking, construction observation (including the Resident Construction Observer), and any additional consultation and surveying services shall be payable as follows: (1) A sum which equals any charges for work actually completed and invoiced shall be paid at least once per month. 3. The OWNER shall compensate the ENGINEER for direct expenses as identified in the contract and as noted on Exhib it 3 at the actual cost or hourly cost for the work completed. (1) A sum which equals any charges for work actually completed and invoiced shall be paid at least once per month. 4. The compensation for any additional engineering services authorized by the OWNER pursuant to Section D shall be payable as follows: (a) A sum which equals any charges for work actually completed and invoiced shall be paid at least once per month. 10 SECTION D – ADDITIONAL ENGINEERING SERVICES In addition to the foregoing being performed, the following services may be provided UPON PRIOR WRITTEN AUTHORIZATION OF THE OWNER. 1. Site surveys outside of the project limits and other similar special surveys as may be required. 2. Laboratory tests, well tests, borings, specialized geological soils hydraulic, or other studies recommended by the ENGINEER. 3. Property surveys, detailed description of sites, maps, drawings, or estimates related thereto; assistance in negotiating for land and easement rights. 4. Necessary data and filing maps for litigation, such as condemnation. 5. Redesigns ordered by the OWNER after final plans have been accepted by the OWNER and IEPA. 6. Appearances before courts or boards on matters of litigation or hearings related to the project. 7. Preparation of environmental impact assessments or environmental impact statements. 8. Making drawings from field measurements of existing facilities when required for planning additions or alterations thereto. 9. Services due to changes in the scope of the Project or its design, including but not limited to, changes in size, complexity, schedule or character of construction. 11 10. Revising studies or reports which have previously been approved by the OWNER, or when revisions are due to cases beyond the control of the ENGINEER. 11. Preparation of design documents for alternate bids where major changes require additional documents. 12. Preparation of detailed renderings, exhibits or scale models for the Project. 13. Providing special analysis of the OWNER’s needs such as owning and operating analysis, plan for operation and maintenance, OWNER’s special operating drawings or charts, and any other similar analysis. 14. The preparation of feasibility studies, appraisals and evaluations, detailed quantity surveys of material and labor, and material audits or inventories by the OWNER. 15. Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) defective or incomplete work of the contractor, and/or (3) the contractor’s default on the Construction Contract due to delinquency or insolvency. 16. Providing design services relating to future facilities, systems and equipment which are not intended to be constructed or operated as a part of the Project. 17. Providing other services not otherwise provided for in this Agreement, including services normally furnished by the OWNER as described in Section E – SPECIAL PROVISIONS – Owner’s Responsibilities. Payment for the services specified in this Section E shall be as agreed in writing between the OWNER and the ENGINEER prior to commencement of the work. The ENGINEER will render to OWNER for such services an itemized bill, separate from any other billing, once each month, for compensation for services performed hereunder during such period, 12 the same to be due and payable by OWNER to the ENGINEER on or before the 10th day of the following period. Payment for services noted in D shall be at Actual Cost (AC), Fixed Fee (FF) or Hourly (HR). SECTION E - SPECIAL PROVISIONS 1. OWNER’S RESPONSIBILITIES (a) Provide to the ENGINEER all criteria, design and construction standards and full information as to the OWNER’s requirements for the Project. (b) Designate a person authorized to act as the OWNER’s representative. The OWNER or his representative shall receive and examine documents submitted by the ENGINEER, interpret and define the OWNER’s policies and render decisions and authorizations in writing promptly to prevent unreasonable delay in the progress of the ENGINEER’s services. (c) Furnish laboratory tests, air and water pollution tests, reports and inspections of samples, materials or other items required by law or by governmental authorities having jurisdiction over this Project, or as recommended by the ENGINEER. (d) Provide legal, accounting, right-of-way acquisition and insurance counseling services necessary for the Project, legal review of the construction Contract Documents, and such auditing services as the OWNER may require to account for expenditures of sums paid to the contractor. 13 (e) Furnish above services at the OWNER’s expense and in such manner that the ENGINEER may rely upon them in the performance of his services under this Agreement and in accordance with the Project timetable. (f) Guarantee full and free access for the ENGINEER to enter upon all property required for the performance of the ENGINEER’s services under this Agreement. (g) Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any defect in the Project or other event which may substantially affect the ENGINEER’s performance of services under this Agreement. (h) Protect and preserve all survey stakes and markers placed at the project site prior to the assumption of this responsibility by the contractor and bear all costs of replacing stakes or markers damaged or removed during said time interval. 2. Delegation of Duties - Neither the OWNER nor the ENGINEER shall delegate his duties under this Agreement without the written consent of the other. 3. The ENGINEER has not been retained or compensated to provide design services relating to the contractor’s safety precautions or to means, methods, techniques, sequences, or procedures required by the contractor to perform his work but not relating to the final or completed structure. Omitted services include but are not limited to shoring, scaffolding, underpinning, temporary retainment of excavations and any erection methods and temporary bracing. 4. The ENGINEER intends to render his services under this Agreement in accordance with generally accepted professional practices for the intended use of the Project. 14 5. Since the ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s) methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Costs and Construction Costs provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as an experienced and qualified professional engineer, familiar with the construction industry. The ENGINEER cannot and does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost prepared by him. If prior to the bidding or negotiating phase OWNER wishes greater assurance as to project or construction costs he shall employ an independent cost-estimator. 6. Access to Records: (a) The ENGINEER agrees to include subsections E-6(b) through E-6(e) below in all cont racts and all subcontracts directly related to project services which are in excess of $25,000. (b) The ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance of Agency loan work under this Agreement consistent with generally accepted accounting standards in accordance with the American Institute of Certified Public Accountants Professional Standards (666 Fifth Avenue, New York, New York 10019; June 1, 1987). The Agency or any of its duly authorized representatives shall have access to such books, records, documents and other evidence for the purpose of inspection, audit and copying. The ENGINEER will provide facilities for such access and inspection. (c) Audits conducted pursuant to this provision shall be in accordance with generally accepted auditing standards. 15 (d) The ENGINEER agrees to the disclosure of all information and reports resulting from access to records pursuant to subsection E-6(b) above, to the Agency. Where the audit concerns the ENGINEER, the auditing agency shall afford the ENGINEER an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. The final audit report will include the written comments, if any, of the audited parties. (e) Records under subsection E-6(b) above shall be maintained and made available during performance on Agency loan work under this agreement and until three years from date of final Agency loan audit for the project. In addition, those records which relate to any “dispute” appeal under an Agency loan agreement, or litigation, or the settlement of claims arising out of such performance, costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7. Covenant Against Contingent Fees - The ENGINEER warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bonafide employees. For breach or violation of this warranty, the loan recipient shall have the right to annul this agreement without liability or in its discretion to deduct from the contract price or consideration or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8. Covenant Against Contingent Fees - The loan recipient warrants that no person or agency has been employed or retained to solicit or secure a PWSLP loan upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warranty, the Agency shall have the right to annul the loan or to deduct from the loan or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 16 9. Certification Regarding Debarment – The ENGINEER certifies that the services of anyone that has been debarred or suspended under Federal Executive Order 12549 has not, and will not, be used for work under this Agreement. 10. Affirmative Action – The ENGINEER agrees to take affirmative steps to assure that disadvantaged business enterprises are utilized when possible as sources of supplies, equipment, construction and services in accordance with the Clean Water Loan Program rules. As required by the award conditions of USEPA's Assistance Agreement with IEPA, the ENGINEER acknowledges that the fair share percentages are 5% for MBEs and 12% for WBEs. 11. The ENGINEER shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. 17 EXHIBIT 2 THE LIMITATIONS OF AUTHORI TY, DUTIES AND RESPONSIBILITIES OF THE RESIDENT CONSTRUCTION OBSERVER ARE AS FOLLOWS: 1. The Resident Construction Observer shall act under the direct supervision of the ENGINEER, shall be the ENGINEER’s agent in all matters relating to on-site construction review of the contractor’s work, shall communicate only with the ENGINEER and the contractor (or contractor’s), and shall communicate with sub contractors only through the contractor or his authorized superintendent. The OWNER shall communicate with the Resident Construction Observer only through the ENGINEER. 2. The Resident Construction Observer shall review and inspect on-site construction activities of the contractor relating to portions of the Project designed and specified by the Engineer as contained in the Construction Contract Documents. 3. Specifically omitted from the Resident Construction Observer’s duties is any review of the contractor’s safety precautions, or the means, methods, sequences, or procedures required for the contractor to perform the work but not relating to the final or completed Project. Omitted design or review services include but are not limited to shoring, scaffolding, underpinning, temporary retainment of excavations and any erection methods and temporary bracing. 4. The specific duties and responsibilities of the Resident Construction Observer are enumerated as follows: (a) Schedules: Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by contractor and consult with ENGIN EER concerning their acceptability. 18 (b) Conferences: Attend preconstruction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with ENGINEER and notify those expected to attend in advance. Attend meetings and maintain and circulate copies of minutes thereof. (c) Liaison: (1) Serve as ENGINEER’s liaison with contractor, working principally through contractor’s superintendent and assist him in understanding the intent of the Contract Documents. (2) Assist ENGINEER in serving as OWNER’s liaison with contractor when contractor’s operations affect OWNER’s on-site operations. (3) As requested by ENGINEER, assist in obtaining from OWNER additional details or information, when required at the job site for proper erection of the work. (d) Shop Drawings and Samples: (2) Receive and record date of receipt of Shop Drawings and samples. (3) Receive samples which are furnished at the site by contrctor, and notify ENGINEER of their availability for examination. (3) Advise EN GINEER and contractor or its superintendent immediately of the commencement of any work requiring a Shop Drawing or sample submission if the submission has not been approved by ENGINEER. (e) Review of Work, Rejection of Defective Work, Inspections and Tests: 19 (1) Conduct on-site inspection of the work in progress to assist ENGINEER in determining if the work is proceeding in accordance with the Contract Documents and that completed work will conform to the Contract Documents. (2) Report to ENGINEER whenever he believes that any work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, test or approval required to be made or has been damaged prior to final payment; and advise ENGINEER when he believes work should be corrected or rejected or should be uncovered for inspection, or requires special testing, inspection or approval. (3) Verify that tests, equipment and systems start-ups, and operating and maintenance instructions are conducted as required by the Contract Documents and in presence of the required personnel, and that contractor maintains adequate records thereof; observe, record and report to ENGINEER appropriate details relative to the test procedures and start-ups. (4) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to ENGINEER. (f) Interpretation of Contract Documents: Transmit to contractor ENGINEER’s clarifications and interpretations of the Contract Documents. (g) Modifications: Consider and evaluate contractor’s suggestions for modifications in Drawings or Specifications and report them with recommendations to ENGINEER. 20 (h) Records: (1) Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples submissions, reproductions of original Contract Documents including all addenda, change orders, field orders, additional drawings issued subsequent to the execution of the Contract, ENGINEER’s clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. (2) Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Send copies to ENGINEER. (4) Record names, addresses and telephone numbers of all contractor’s, sub contractors and major suppliers of materials and equipment. (i) Reports: (1) Furnish ENGINEER periodic reports as required of progress of the work and contractor’s compliance with the approved progress schedule and schedule of Shop Drawing submissions. (2) Consult with ENGINEER in advance of schedule major tests, inspections or start of important phases of the work. 21 (3) Report immediately to ENGINEER upon the occurrence of any accident. (j) Payment Requisitions: Review applications for payment with contractor for compliance with the established procedure for their submission and forward them with recommendations to ENGINEER, noting particularly their relation to the schedule of values, work completed and materials and equipment delivered at the site but not incorporated in the work. (k) Certificates, Maintenance and Operating Manuals: During the course of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by contractor are applicable to the items actually installed; and deliver this material to ENGINEER for his review and forwarding to OWNER prior to final acceptance of the work. (l) Completion: (1) Before ENGINEER issues a Statement of Substantial Completion, submit to contractor a list of observed items requiring completion or correction. (2) Conduct final review in the company of ENGINEER, OWNER and contr actor and prepare a final list of items to be completed or corrected. (3) Verify that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. ENTITY:ADMIN.WORK PRINCIPAL SENIOR SENIOR SENIOR SENIOR ITEM COST WORK IN PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT CAD PROJECT GIS HOUR PER ITEM CHARGE MANAGER ENGINEER I ENGINEER MANAGER SURVEYOR II TECHNICIAN MANAGER TECHNICIAN I TECHNICIAN ADMIN.SUMM.ITEM NO.WORK ITEM HOURLY RATE:$197 $191 $149 $137 $173 $160 $149 $149 $137 $72 $70 FINAL ENGINEERING 2.1 Project Management and Administration 1 4 3 8 1,408$ 2.2 Project Meetings 1 3 4 8 1,366$ 2.3 Bid Package, Specifications and Estimates - 4 40 6 - 50 7,618$ 2.4 Bidding and Contracting - 4 11 6 21 2,823$ Final Engineering Subtotal:2 15 58 - - - - 6 - - 6 87 13,215$ CONSTRUCTION ENGINEERING 3.1 Contract Administration - 12 14 26 4,378$ 3.2 Construction Layout and Record Drawings - 1 3 4 15 23 3,565$ 3.3 Observation and Documentation - 4 48 2 54 8,056$ Construction Engineering Subtotal:- 17 65 - 4 - 15 - - 2 103 15,999$ PROJECT TOTAL:2 32 123 - 4 - 15 6 - - 8 190 29,214 Printing =-$ 24,833$ Mileage =-$ 2,927$ Material Testing = -$ 894$ -$ 560$ DIRECT EXPENSES =-$ 29,214$ 29,214$ G:\Public\Yorkville\2019\YO1903-P Church Street Sanitary Sewer Improvements\PSA\[03.Exhibit 3 - Level of Effort.xlsx]Fee Summary February 13, 2019 EXHIBIT 3 ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST FOR PROFESSIONAL ENGINEERING SERVICES FOR CHURCH STREET SANITARY SEWER IMPROVEMENTS United City of Yorkville, IL SURVEYING PROJECT ROLE: DIRECT EXPENSES LABOR SUMMARY DRAFTINGENGINEERING TOTAL EXPENSES = Engineering Expenses = Surveying Expenses = Drafting Expenses = Environmental Assessment =Administrative Expenses = TOTAL LABOR EXPENSES = WORKYear:ITEMMonth:NO. WORK ITEM Week Starting:1234123412341234123412341234123412341234FINAL DESIGN ENGINEERING2.1 Project Management and Administration2.2 Project Meetings2.3 Bid Package, Specifications and Estimates2.4 Bidding and ContractingCONSTRUCTION ENGINEERING3.1 Contract Administration3.2 Construction Layout and Record Drawings3.3 Observation and DocumentationG:\Public\Yorkville\2019\YO1903-P Church Street Sanitary Sewer Improvements\PSA\[4. Exhibit 4 - Schedule.xls]ScheduleProject Management & QC/QA PermittingMeeting(s) Bidding and ContractingDesign ConstructionApril August SeptemberMay JuneMarch July October2019LegendEXHIBIT 4ANTICIPATED PROJECT SCHEDULECHURCH STREET SANITARY SEWER IMPROVEMENTSUNITED CITY OF YORKVILLE, ILFebruary 19, 2019January February !.!. !. !. !. !. !. !.!. !. !. !. !. !. !. !.!. !. !. !. !.!. !.!. !.!. !. !. !.!. !. !. !. !. !. !. !. !. !. !. !. !. !.!.!.!. !.!. W Somonauk St S Bridge StN Bridge StTower LnGameFarm Rd Church StE Somonauk St E Spring St E Center St E Main St W Main St W Spring St W Center St King StW River StWest StEngineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 Legend !.SANITARY MANHOLE UNKNOWN SANITARY SEWER 4" SANITARY SEWER 6" SANITARY SEWER 8" SANITARY SEWER 10" SANITARY SEWER 12" SANITARY SEWER 14" SANITARY SEWER 15" SANITARY SEWER 16" SANITARY SEWER SANITARY SEWER IMPROVEMENTS LOCATION MAP www.eeiweb.com DATE: PROJECT NO.: FILE: PATH: BY: FEBRUARY 2019 YO1903 YO1903_Church St. PSA.MXD H:\GIS\PUBLIC\YORKVILLE\2019\ MJT ³ 200 0 200100 Feet Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #4 Tracking Number PW 2019-16 2019 Road to Better Roads Program Public Works Committee – March 19, 2019 Majority Consideration of Contract Award 2019 Roads to Better Roads - Recommendation to Award Brad Sanderson Engineering Name Department Bids were received, opened and tabulated for work to be done on the 2019 Roads to Better Roads Program at 11:30 a.m., March 11, 2019. Representatives of contractors bidding the project, the City, and our firm were in attendance. A tabulation of the bids and the engineer’s estimate is attached for your information and record. The low bid was $624,997.07 of which $587,224.15 is the City share and $37,772.92 is the Bristol Township share. Breakdowns for the City share and Township share of the project are attached for your information and record. The low bid was 14.1% below our engineer’s estimate and within the FY2020 budget. We recommend the acceptance of the bid and approval of award be made to the low bidder, D Construction, Co., 1488 S Broadway Street, Coal City, IL 60416 in the amount of $624,997.07. If you have any questions or require additional information, please let us know. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Lisa Pickering, Deputy City Clerk Date: March 11, 2019 Subject: 2019 Roads to Better Roads Program BIDS RECD 3/11/2019ITEMUNIT UNIT UNIT UNIT UNITNO.DESCRIPTIONUNIT QUANTITY PRICE AMOUNT PRICE AMOUNTPRICE AMOUNT PRICE AMOUNT PRICE AMOUNT40600290 BITUMINOUS MATERIALS (TACK COAT) POUND 3015.0 0.01$ 30.15$ 5.00$ 15,075.00$ 0.75$ 2,261.25$ 0.01$ 30.15$ $0.20603.00$ 40600982HOT-MIX ASPHALT SURFACE REMOVAL - BUTT JOINTSQ YD 615.0 10.00$ 6,150.00$ 20.00$ 12,300.00$ 5.00$ 3,075.00$ 12.50$ 7,687.50$ $10.006,150.00$ 40600625LEVELING BINDER (MACHINE METHOD), N50TON 2,253.0 63.00$ 141,939.00$ 68.00$ 153,204.00$ 69.50$ 156,583.50$ 73.00$ 164,469.00$ $65.00146,445.00$ 40603335HOT-MIX ASPHALT SURFACE COURSE, MIX "D", N50TON 3,378.0 63.00$ 212,814.00$ 65.00$ 219,570.00$ 70.00$ 236,460.00$ 73.00$ 246,594.00$ $65.00219,570.00$ 42400200PORTLAND CEMENT CONCRETE SIDEWALK 5 INCHSQ FT 2,567.0 6.25$ 16,043.75$ 6.15$ 15,787.05$ 6.90$ 17,712.30$ 6.15$ 15,787.05$ $7.0017,969.00$ 42400800DETECTABLE WARNINGSSQ FT 168.0 25.00$ 4,200.00$ 30.00$ 5,040.00$ 25.00$ 4,200.00$ 30.00$ 5,040.00$ $25.004,200.00$ X4401198HOT-MIX ASPHALT SURFACE REMOVAL, VARIABLE DEPTHSQ YD 40,175.0 1.45$ 58,253.75$ 1.44$ 57,852.00$ 1.75$ 70,306.25$ 1.70$ 68,297.50$ $2.50100,437.50$ 44000600SIDEWALK REMOVALSQ FT 2,937.0 2.00$ 5,874.00$ 2.10$ 6,167.70$ 1.10$ 3,230.70$ 2.10$ 6,167.70$ $2.005,874.00$ 44201670CLASS D PATCHES, TYPE I, 2 INCHSQ YD 875.0 25.00$ 21,875.00$ 20.00$ 17,500.00$ 24.00$ 21,000.00$ 35.50$ 31,062.50$ $20.0017,500.00$ 44201672CLASS D PATCHES, TYPE II, 2 INCHSQ YD 875.0 23.00$ 20,125.00$ 18.50$ 16,187.50$ 22.00$ 19,250.00$ 31.00$ 27,125.00$ $20.0017,500.00$ 44201674CLASS D PATCHES, TYPE III, 2 INCHSQ YD 875.0 22.00$ 19,250.00$ 17.00$ 14,875.00$ 18.00$ 15,750.00$ 27.00$ 23,625.00$ $20.0017,500.00$ 44201676CLASS D PATCHES, TYPE IV, 2 INCHSQ YD 1,744.0 20.00$ 34,880.00$ 15.50$ 27,032.00$ 17.00$ 29,648.00$ 23.00$ 40,112.00$ $20.0034,880.00$ 60255500MANHOLES TO BE ADJUSTEDEACH 3.0 400.00$ 1,200.00$ 510.00$ 1,530.00$ 450.00$ 1,350.00$ 950.00$ 2,850.00$ $500.001,500.00$ 60255800MANHOLES TO BE ADJUSTED WITH NEW TYPE 1 FRAME, CLOSED LIDEACH 10.0 550.00$ 5,500.00$ 770.00$ 7,700.00$ 800.00$ 8,000.00$ 1,200.00$ 12,000.00$ $800.008,000.00$ X6026050SANITARY MANHOLES TO BE ADJUSTEDEACH 1.0 550.00$ 550.00$ 990.00$ 990.00$ 750.00$ 750.00$ 1,200.00$ 1,200.00$ $900.00900.00$ X6026056SANITARY MANHOLES TO BE ADJUSTED WITH NEW TYPE 1 FRAME, CLOSED LIDEACH 1.0 700.00$ 700.00$ 1,261.75$ 1,261.75$ 1,100.00$ 1,100.00$ 1,500.00$ 1,500.00$ $1,200.001,200.00$ 60260100INLETS TO BE ADJUSTEDEACH 29.0 350.00$ 10,150.00$ 250.00$ 7,250.00$ 300.00$ 8,700.00$ 225.00$ 6,525.00$ $400.0011,600.00$ 78000100THERMOPLASTIC PAVEMENT MARKING - LETTERS AND SYMBOLSSQ FT 464.0 4.95$ 2,296.80$ 4.00$ 1,856.00$ 4.00$ 1,856.00$ 4.50$ 2,088.00$ $4.502,088.00$ 78000200THERMOPLASTIC PAVEMENT MARKING - LINE 4"FOOT 20,527.0 0.52$ 10,674.04$ 0.57$ 11,700.39$ 0.57$ 11,700.39$ 0.48$ 9,852.96$ $0.8016,421.60$ 78000400THERMOPLASTIC PAVEMENT MARKING - LINE 6"FOOT 452.0 1.37$ 619.24$ 0.75$ 339.00$ 0.75$ 339.00$ 1.25$ 565.00$ $1.20542.40$ 78000600THERMOPLASTIC PAVEMENT MARKING - LINE 12"FOOT 960.0 2.75$ 2,640.00$ 2.00$ 1,920.00$ 2.00$ 1,920.00$ 2.50$ 2,400.00$ $2.402,304.00$ D CONSTRUCTION1488 S. BroadwayCoal City, IL 60416 GENEVA CONSTRUCTIONP.O. Box 998Aurora, IL 60507 CURRAN CONTRACTING286 Memorial Ct.Crystal Lake, IL 60014BID TABULATION4413 Roosevelt Road, Suite 108Hillside, IL 60162BUILDERS PAVING, LLCSugar Grove, IL 60554ENGINEER'S ESTIMATE BID TABULATION 2019 ROAD PROGRAMUNITED CITY OF YORKVILLE52 Wheeler RoadENGINEERING ENTERPRISES, INC.52 WHEELER ROAD, SUGAR GROVE, ILLINOIS BIDS RECD 3/11/2019ITEMUNIT UNIT UNIT UNIT UNITNO.DESCRIPTIONUNIT QUANTITY PRICE AMOUNT PRICE AMOUNTPRICE AMOUNT PRICE AMOUNT PRICE AMOUNTD CONSTRUCTION1488 S. BroadwayCoal City, IL 60416 GENEVA CONSTRUCTIONP.O. Box 998Aurora, IL 60507 CURRAN CONTRACTING286 Memorial Ct.Crystal Lake, IL 60014BID TABULATION4413 Roosevelt Road, Suite 108Hillside, IL 60162BUILDERS PAVING, LLCSugar Grove, IL 60554ENGINEER'S ESTIMATE BID TABULATION 2019 ROAD PROGRAMUNITED CITY OF YORKVILLE52 Wheeler Road78000650THERMOPLASTIC PAVEMENT MARKING - LINE 24"FOOT 98.0 5.50$ 539.00$ 4.00$ 392.00$ 4.00$ 392.00$ 5.00$ 490.00$ $4.50441.00$ 78300200RAISED REFLECTIVE PAVEMENT MARKER REMOVALEACH 210.0 7.00$ 1,470.00$ 6.70$ 1,407.00$ 4.35$ 913.50$ 10.00$ 2,100.00$ $15.003,150.00$ X2520700SODDING, SPECIALSQ YD 462.0 15.00$ 6,930.00$ 17.16$ 7,927.92$ 15.16$ 7,003.92$ 26.70$ 12,335.40$ $20.009,240.00$ 20101700SUPPLEMENTAL WATERINGUNIT 10.0 1.00$ 10.00$ 20.00$ 200.00$ 20.00$ 200.00$ 125.00$ 1,250.00$ $300.003,000.00$ XX006172ROUTING AND SEALING CRACKSFOOT 18,438.0 0.43$ 7,928.34$ 0.39$ 7,190.82$ 0.39$ 7,190.82$ 0.88$ 16,225.44$ $2.5046,095.00$ XX004774BRICK DRIVEWAY REMOVAL AND REPLACEMENTSQ FT 36.0 50.00$ 1,800.00$ 14.00$ 504.00$ 14.00$ 504.00$ 55.00$ 1,980.00$ $50.001,800.00$ Z0004562COMBINATION CONCRETE CURB AND GUTTER REMOVAL AND REPLACEMENTFOOT 873.0 35.00$ 30,555.00$ 35.75$ 31,209.75$ 33.00$ 28,809.00$ 34.75$ 30,336.75$ $35.0030,555.00$ TOTAL BASE BID (Items 1 - 28) 624,997.07 643,968.88 660,205.63 739,695.95 727,465.50$ % BELOW/ABOVE ENGINEER'S ESTIMATE-14.09% -11.48% -9.25% 1.68%ENGINEERING ENTERPRISES, INC.52 WHEELER ROAD, SUGAR GROVE, ILLINOIS ()-()-()- ()-()-()-()-(-)()-()-()- ()-()-()-()-()-()-(()-()-(-)()-()-()- ()-()-()-()-()-()-()-)-()-()-()-()-()-()-()-()-()-()-()-()-()- ()-()-()-()-()-()-()- ()-()-()-()-(-)()-()-()- ()-()-()-()-()-()-(()-()-(-)()-()-()- ()-()-()-()-()-()-()-)-()-()-()-()-()-()-()-()-()-()-()-()-()- ()-()-()-()-McHughGame FarmTumaTuma BruellOakwoodD ickso n BoomerWackerAndersonWellsPrairie Clo v er Wheat l andHaley H eartlan d TausChurchHeritage C e n t e r Alice MartinBlackber r yLandmark Pr ai r i eMeadowsBridgeBridgeQ u i n s e yPowersMcHughStillwaterK e n d all Kendall ColtonB l u e j a y Pleasure OmahaFreemontB lu e s te m P a r kHayden MarieSunset Main Appletree VictoriaPrairieSumac Center KingRiver BristolClearwater LibertyConcordTowerNaden Mu l h e r n Fa r ms t e a dSpring SpringMistwoodStrawberry Menard Carpenter JohnsonB la c k b e rry WestPalmerQuinseyCrimsonMarketplaceBehrensSandersPark DakotaS o m on au k Arrowhead RedwoodConeflower AuburnBirchwoodC h ris t y DaltonConover Hillcrest O liv e E Kendal l Dr Jackson Homestead S w a n s o n M idnghtKendall CirMcHughWalnut WoodworthCannonballSwi t chgr assK e n n e d y Prairie Pointe K a teMarketview Elm Prairie RoseDe e r pa t h Georgeanna W K e n d a l l D r Leisure Countryside Countryside Wild IndigoPrairieGrassGr a c e L e x i n g t o n TeriVeterans V eteran sLegend 2019 RTBR PROGRAM 2019 RTBR PROGRAM (TOWNSHIP).WalshEngineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 PROPOSED 2019 RTBR PROGRAM LOCATION MAP www.eeiweb.com DATE: PROJECT NO.: FILE: PATH: BY: JANUARY 2019 YO1842 YO1842_2018 Road Program .MXD H:\GIS\PUBLIC\YORKVILLE\2018\ MJT United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 630-553-4350 ³ Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Agenda Item Number New Business #5 Tracking Number PW 2019-17 Fox Hill Unit 7 – Easement Abrogation Public Works Committee – March 19, 2019 Majority Consideration of Acceptance Consideration of Easement Abrogation Acceptance Brad Sanderson Engineering Name Department An easement abrogation (vacation) from the drainage and utility easements are needed within the Fox Hill Unit 7 development. There are two areas where this affects. A small portion of the building on lot 5 encroaches onto the easement. The City does not have any utilities in this easement nor should it in the future. Staff supports and recommends acceptance of the easement abrogation. Abrogating a small portion of the easement on lot 12 will allow for the owner to construct a short retaining wall to reduce the slope between lot 12 and the stormwater management facility. The City does not have any utilities in this easement nor should it in the future. Staff supports and recommends acceptance of the easement abrogation. A draft of the easement abrogation is attached. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Kathy Field-Orr, City Attorney Lisa Pickering, Deputy City Clerk Date: March 7, 2019 Subject: Fox Hill Unit 7 – Plat of Easement Abrogation Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #6 Tracking Number PW 2019-18 Discussion of Wyland National Mayors Challenge for Conservation Public Works Committee - March 19, 2019 N/A Approval Majority Consideration of Support for the Wyland National Mayors Challenge for Conservation Erin Willrett Administration Name Department Summary Continue participation in a national program to challenge the residents to conserve water, energy and other natural resources, in alignment with City Council Goal #6 – Water Planning. Background Once again, the Wyland Foundation, in partnership with the National League of Cities and the U.S. Environmental Protection Agency, invited the United City of Yorkville to participate in the 9th annual National Mayor’s Challenge for Water Conservation. The commitment from the City to participate is as simple as drafting the statement of support below. There is no cost to the City. There were several items that were sent out to market this program in 2018. After the results were tallied, in 2018, Yorkville placed 5th in the 5,000-29,999 population category nation-wide! Residents who are interested in conservation efforts and who would like to accept the challenge can go online (www.mywaterpledge.com) and make a pledge to conserve water, energy, and other natural resources over the next year by selecting from different pledge options. Some options are as easy as wasting less food and recycling. When the resident enters their location, the drop-down menu for pledges will contain our draft statement about water conservation. Our draft statement will read as: “A sustainable water source for the City’s future water supply is a main focus for our community and its residents. Yorkville currently obtains its water from the deep sandstone aquifer, which is being steadily drawn down as it is being pumped beyond its long-term sustainable yield due to increasing water demands and growth of the region. The City is committed to building strong, collaborative relationships regionally for sustainable water use. We hope to partner with our neighboring communities and our actual neighbors to promote water conservation efforts in the home. By taking the water pledge, you can help extend the capacity of the City’s water supply.” When a resident goes online to accept the challenge, they will search for “Yorkville, IL”, the website will then walk the resident through the process to pledge to make thoughtful conservation choices at home. There are several check boxes that the residents can choose from depending on the changes they are pledging to make. At the end of the “choices” portion of the pledge, an email address is required and the option for the resident to be entered into the prize drawing is made as a check box. After the resident enters their email address the pledge process is complete. Additionally, the website has several informational items for the resident to read through and learn about. City standings in the challenge are on the website and the residents can check back and see how their “choices” positively affect the community. This program is designed to get residents to think about how their choices impact the natural environment and if changes are made, no matter how small, benefits add up quickly. There is no further commitment and no additional information that is needed from the residents other than those listed above. Memorandum To: Public Works Committee From: Erin Willrett, Assistant City Administrator CC: Bart Olson, City Administrator Date: March 2019 Subject: Wyland National Mayors Challenge for Conservation The City will also be posting several items on social media and on our website to promote this challenge. The City’s main goal by promoting this program is to help residents be aware of the importance of the natural resources that are used on a daily basis and the pressing need to protect those precious resources. Recommendation While not a requirement to participate in the program, staff recommends an acknowledgment by the City Council in the attached Resolution for support of the statement above and participation in marketing the program. This initiative aligns with the City Council Goal #6 – Water Planning. Resolution No. 2019-____ Page 1 Resolution No. 2019-_____ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, ILLINOIS IN SUPPORT OF THE “WYLAND MAYOR’S CHALLENGE FOR WATER CONSERVATION” WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City continue to explore ways to manage residential consumption of water and power, and to inspire its residents to care for our natural resources; and WHEREAS, cities can engage in efforts to inspire their own communities, as well as their neighboring cities, to become better environmental stewards; and WHEREAS, the eighth annual National Mayor’s Challenge for Water Conservation presented by the Wyland Foundation and Toyota, with support from the U.S EPA WaterSense, The Toro Company, National League of Cities, Conserva Irrigation, and Earth Friendly Products (makers of ECOS), is a healthy, non-profit competition for cleaner communities and a water use and pollution reduction competition between our cities; and WHEREAS, with the encouragement of their Mayors, residents may register their participation in their city's Challenge, online, by making simple pledges to decrease their water use and to reduce pollution for the period of one year, thereby assisting their cities to apply State and Federal water conservation strategies and to target mandated reductions; and WHEREAS, from April 1- 30, 2019, the City of (X) wishes to inspire its residents and its neighboring communities to take the "Wyland Mayor's Challenge for Water Conservation" by making a series of online pledges at mywaterpledge.com to reduce their impact on the environment and to see immediate savings in their water, trash, and electricity bills; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: That the City agrees and supports the "Wyland Mayor's Challenge for Water Conservation" emphasis. Section 2: That the program is to be implemented from April 1- 30, 2019, through a series of communication and outreach strategies, whether new or existing, to encourage Yorkville residents to take the conservation "Challenge." Section 3: This Resolution shall be in full force and effect upon its passage and approval as provided by law. Resolution No. 2019-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ________ day of ____________________, 2019. __________________________________ City Clerk CARLO COLOSIMO ________ KEN KOCH ________ JACKIE MILSCHEWSKI ________ ARDEN JOE PLOCHER ________ CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________ SEAVER TARULIS ________ JASON PETERSON ________ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this ________ day of ____________________, 2019. __________________________________ Mayor United City of Yorkville Press Release, March 1, 2019 CONTACT: Erin Willrett, Assistant City Administrator 630-553-8574 ewillrett@yorkville.il.us 8th National Mayor’s Challenge for Water Conservation, April 1 – 30 Yorkville joins nationwide challenge to be most “water wise” Mayor Golinski is joining mayors across the country in asking residents to make a long-term commitment to manage water resources more wisely by taking part in the annual Wyland National Mayor’s Challenge for Water Conservation — and in return residents can win $5,000 toward their utility payments, water saving fixtures, and hundreds of other prizes. Plus, one lucky charity from a winning city will receive a 2019 Toyota Highlander Hybrid to serve the community. The annual challenge, April 1- 30, is a non-profit national community service campaign to see which leaders can best inspire their residents to make a series of informative and easy-to-do online pledges at mywaterpledge.com to use water more efficiently, reduce pollution, and save energy. “This challenge is a great way for cities large and small to do our part for the planet – and reward our residents for doing the right thing.” said Mayor Golinski. Last year, residents from over 3,800 cities in all 50 U.S. states pledged to reduce their annual consumption of freshwater by 3 billion gallons, reduce waste sent to landfills by 79.9 million pounds, and prevent more than 177,000 pounds of hazardous waste from entering our watersheds. The challenge goes beyond recent drought issues and looks at the ways our water use will affect the future of our communities — from how we grow food to reducing polluted runoff. To participate, residents enter online at mywaterpledge.com, and then make a series of online pledges to conserve water on behalf of Yorkville, IL. Cities compete in the following population categories: (5,000- 29,999 residents, 30,000-99,999 residents, 100,000-299,999 residents, 300,000-599,999 residents, and 600,000+ residents). Cities with the highest percentage of residents who take the challenge in their population category are entered into drawings for hundreds of eco-friendly prizes, including home improvement gift cards, home irrigation equipment, and the Grand Prize $5,000 home utility bill payment. The Challenge also gives residents a chance to nominate a deserving charity that would benefit from receiving a 2019 Toyota Highlander Hybrid and features additional resources for residents to take their commitment of conservation even further, from regional water and energy resource issues to cost-saving tips at home. The 8th National Mayor’s Challenge for Water Conservation is presented by the Wyland Foundation and Toyota, with support from the U.S EPA WaterSense, The Toro Company, National League of Cities, Conserva Irrigation, and Earth Friendly Products (makers of ECOS). About the Wyland Foundation Founded in 1993 by environmental artist Wyland (best known for his series of 100 monumental marine life murals), the Wyland Foundation, a 501c3 non-profit organization dedicated to promoting, protecting, and preserving the world’s ocean, waterways, and marine life. The foundation encourages environmental awareness through community events, education programs, and public art projects. www.wylandfoundation.org Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #7 Tracking Number PW 2019-19 Hanging Baskets Public Works Committee - March 19, 2019 Positive Approval Proposal for hanging baskets in the downtown area. Eric Dhuse Public Works Name Department Summary Discussion of possible locations for hanging flower baskets in the downtown area. This would be the rebirth of this project on a small scale. If the project goes well, we can expand it to include more area. Background Years ago, the city partnered with the garden club to place hanging flower baskets throughout the downtown and in town square park. In this program, businesses or individuals were able to sponsor a basket for X dollars and have it placed near their business or in the park. The project was successful for a few years but was severely hampered by the recession and the construction on Rt. 47. Since that time, the sidewalk downtown on Rt. 47 has been rebuilt, but at a much narrower width. This new width will not allow hanging baskets to be placed in front of the businesses without interfering with pedestrians. Instead, I would propose that we place most of the baskets along Van Emmon St. and mount them directly onto buildings. To do this, we will need the permission of the owners, and agree on placement. If the owners are agreeable, I think this will be a viable option to restart this program. I have attached a map with potential locations for your review. The cost for the 8 baskets and brackets is approximately $1625-$1785 depending on the price of the flowers. A complete breakdown is below: Building Mount - $97.00 Lamp Post Bracket - $90.00 Hanging Basket 18” - $40.00 Hanging Basket 18” - $40.00 Basket Liner - $17.00 Basket Liner - $17.00 Flowers - $50-$70 Flowers - $50-$70 Total $204 – 224 Total $197 – 217 I have also attached pictures of the basket, liner, and the different mounting brackets for your review and comment. There are some other choices, but these were made for municipal use and can take the weight of large baskets. In addition, these baskets are not too trendy, they are very subtle which let the flowers stand out. For the flowers I have been in contact with Winding Creek Nursery. They have assured me that if we got them the baskets soon, they would be able to get them ready to go for the season. I had suggested red, wave petunias for the flower. I chose them for their tolerance to different conditions, their rapid growth, and red for Yorkville. I also chose this variety knowing that the nursery has many flats of this type of flower started already in their greenhouse. If this program is a success and we would like to continue it next year, we can always change the flower color, variety or even an entirely different set of plants if we are so inclined. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, Administrator Date: March 13, 2019 Subject: Hanging baskets Recommendation I recommend that this be placed on the March 19, 2019 Public Works Committee for discussion and direction for staff. Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #8 Tracking Number PW 2019-20 Utility Box Art Public Works Committee – March 19, 2019 A discussion will take place at the meeting. Bart Olson Administration Name Department Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #9 Tracking Number PW 2019-21 Speed Sign Update Public Works Committee – March 19, 2019 A verbal update will be given at the meeting. Bart Olson Administration Name Department Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Old Business #1 Tracking Number PW 2018-102 East Alley and Van Emmon Public Works Committee – March 19, 2019 Please see attached. Brad Sanderson Engineering Name Department As directed by the Committee, we have provided greater detail as to the anticipated costs for the preferred improvement option. Please refer to the attached preliminary cost estimate and exhibits. The costs also include additional striping on Van Emmon to block out the exit only driveway. As to the timing of the improvements, we would recommend utilizing the RTBR contractor to perform the work. That work is anticipated be in the May to mid-July timeframe. The work specific to this improvement should be completed with 2-3 weeks. We would propose to “design in the field” and would estimate our construction engineering fees to be in the $2,000 range. If you have any questions or require additional information, please let us know. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Lisa Pickering, Deputy City Clerk Date: March 12, 2019 Subject: East Alley