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Public Works Packet 2019 06-18-19 AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday, June 18, 2019 6:00 p.m. City Hall Conference Room 800 Game Farm Road, Yorkville, IL Citizen Comments: Minutes for Correction/Approval: May 21, 2019 New Business: 1. PW 2019-39 Well No. 7 Generator – Engineering Agreement 2. PW 2019-40 Elizabeth Street Water Main Improvements – Engineering Agreement 3. PW 2019-41 Chemical Feed Systems – Supply Purchase and Engineering Agreement 4. PW 2019-42 Blackberry Woods – Phase B Completion of Improvements Status 5. PW 2019-43 2018 RTBR Program – Request for Change in Plans and Engineer’s Final Payment Estimate 6. PW 2019-44 Mill Road Old Business: 1. PW 2018-102 East Alley Parking Lot – Update 2. PW 2019-27 Crosswalk at Route 47 and Main Street 3. PW 2019-36 Material Storage Shed 4. PW 2019-37 Selection of Committee Liaisons – Park Board Liaison Additional Business: 2019/2020 City Council Goals – Public Works Committee Goal Priority Staff “Municipal Building Needs & Planning” 2 Bart Olson, Rob Fredrickson, Eric Dhuse, Rich Hart, Tim Evans & Erin Willrett “Road to Better Roads Funding” 3 Bart Olson, Rob Fredrickson & Eric Dhuse “Water Planning” 6 Eric Dhuse & Brad Sanderson “School Safety (Exterior & Traffic)” 8 (tie) Eric Dhuse & Rich Hart “Quiet Zones” 14 (tie) Eric Dhuse, Erin Willrett & Brad Sanderson “Route 47 Crossings” 19 Eric Dhuse & Brad Sanderson United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us UNITED CITY OF YORKVILLE WORKSHEET PUBLIC WORKS COMMITTEE Tuesday, June 18, 2019 6:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. May 21, 2019 □ Approved __________ □ As presented □ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2019-39 Well No. 7 Generator – Engineering Agreement □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2019-40 Elizabeth Street Water Main Improvements – Engineering Agreement □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2019-41 Chemical Feed Systems – Supply Purchase and Engineering Agreement □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2019-42 Blackberry Woods – Phase B Completion of Improvements Status □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2019-43 2018 RTBR Program – Request for Change in Plans and Engineer’s Final Payment Estimate □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2019-44 Mill Road □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2018-102 East Alley Parking Lot – Update □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2019-27 Crosswalk at Route 47 and Main Street □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2019-36 Material Storage Shed □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2019-37 Selection of Committee Liaisons – Park Board Liaison □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Minutes Tracking Number Minutes of the Public Works Committee – May 21, 2019 Public Works Committee – June 18, 2019 Majority Committee Approval Minute Taker Name Department Page 1 of 3 DRAFT UNITED CITY OF YORKVILLE PUBLIC WORKS COMMITTEE Tuesday, May 21, 2019, 6:00pm Yorkville City Hall, Conference Room 800 Game Farm Road IN ATTENDANCE: Committee Members Chairman Joe Plocher Alderman Ken Koch Alderman Chris Funkhouser Absent: Alderman Seaver Tarulis Other City Officials Assistant City Administrator Erin Willrett City Engineer Brad Sanderson Public Works Director Eric Dhuse Purchasing Agent Carri Parker Other Guests: None The meeting was called to order at 6:00pm by Chairman Joe Plocher. Citizen Comments: None Previous Meeting Minutes: April 16, 2019 The minutes were approved as presented. New Business: 1. PW 2019-31 East Orange Street Water Main Improvements – Contract Award Bids were taken May 13th and several were received. The low bidder, Performance Construction and Engineering of Plano, bid just over $490,000 and was recommended by Mr. Sanderson. It was suggested to go with the base bid plus alternate 'D' on the Mill Road project. This moves to the City Council. 2. PW 2019-32 Church Street Sanitary Sewer Improvements – Contract Award This bid was also taken on May 13 and several were received. It was recommended to award the contract to the low bidder, Performance Construction and Engineering, for a cost of $54,350. Alderman Funkhouser questioned why the bids were higher than estimated. Mr. Sanderson said EEI's estimates should have been higher due to a smaller material quantity. This moves to the City Council. 3. PW 2019-33 Route 71 Improvements - Subordination of Surface Rights Mr. Sanderson said this is for the last portions of Rt. 71 land acquisition and the surface rights will be given up where right-of-way was acquired. The attorneys drafted an ordinance for this action. Page 2 of 3 4. PW 2019-34 Route 47 Reconstruction from Kennedy Road in Yorkville to Cross Street in Sugar Grove – MOU (Memorandum of Understanding) Mr. Sanderson said a document was received from IDOT regarding construction from Kennedy Rd. to Cross St. An agreement will eventually be made to include: extension of Bristol Bay Rd. to Rt. 47, Baseline bridge reconstruction (city will be responsible for maintenance) and Wrigley Way signal replacement if needed. The estimated local share is $656,400. At this time, work is moving forward from Sugar Grove to south of Galena Rd. and the southern portion is outside of the 5 year plan. This moves to City Council for Mayoral signature. 5. PW 2019-35 Sale of Public Works Vehicles - Sealed Bid Results/Approval No bids were received for the Public Works vehicles. Mr. Dhuse said they need significant repairs and have sat for 2-3 years. The committee recommended they go to a wholesaler since they have very little value. 6. PW 2019-36 Material Storage Shed Mr. Dhuse said he is seeking permission to move forward with an RFP for a cost estimate for a new shed since the other one collapsed. Alderman Koch asked if there was money in the budget. In the building assessment project, this shed was not going to be replaced due to the poor condition and no money was budgeted. The 2015 preliminary plans will be used with minimal upgrades. Chairman Plocher asked if the structure would be big enough for expansion. Mr. Dhuse said it would not and a much larger building would be needed to keep the salt dry. He hopes it will be built by November and said it needs to be in a central location for storage of salt, sand, mulch, etc. If not kept dry, the materials will not spread well. The committee agreed to move this project forward for a verbal update in June and bids in July. 7. PW 2019-37 Selection of Committee Liaisons After brief discussion it was decided that Alderman Plocher would remain as YBSD liaison and Aldermen Frieders will be liaison for the Park Board. Alderman Koch attends the Park Board meetings as well. 8. PW 2019-38 Meeting Dates The committee was OK with the proposed meeting dates and time. Old Business: 1. PW 2018-102 East Alley Parking Lot - Update There is no update at this time and Mr. Dhuse added that no contact has been made with Imperial Investments as of yet. 2. PW 2019-27 Crosswalk at Route 47 and Main Street At a previous meeting the committee asked Mr. Sanderson to look at options of retaining or removal of the crosswalk and the costs of both. Removal would cost $30,000-$40,000 and adding pedestrian beacons on a mast arm would be $60,000 to $76,000. A third option to build a pedestrian bridge would cost about $1 million. Committee members liked the option of the beacons, saying the appearance of a red light would stop the traffic. The light cycle would provide for a flashing yellow, a countdown timer and then a stop after a button was pushed. Chairman Plocher noted that he gets calls regarding the crosswalk and said that 2 people have been hit. He expressed reservations about city liability since the Page 3 of 3 original recommendation was to not install a crosswalk at that location. The committee agreed that the #2 option would reduce liability. Mr. Sanderson will contact IDOT to ascertain if option #2 can be permitted and this matter will come back to committee. 3. PW 2019-28 Plow Trucks - Status In a previous meeting, Mr. Dhuse was asked to evaluate truck needs and spec the cost. The estimated cost is $201,000 for stainless steel components to last 10+ years. Mr. Dhuse added that the trucks would have re-sale value as well. It was noted the trucks were not budgeted. Many trucks failed during the past winter and committee members agreed they were needed and have been defrayed for 12 years. Rob Fredrickson did a replacement schedule a few years ago and nearly all the trucks need to be replaced now. The trucks would not be delivered until next May if ordered now. Director Dhuse will compile a list of all vehicles and equipment needs and send to Mr. Olson and Ms. Willrett. 4. PW 2019-29 Water Department Superintendent/Foreman – Personnel Recruitment Update Ms. Willrett recapped the recruitment efforts thus far. Mr. Dhuse did an analysis of salaries of nearby municipalities and staff has suggested recruiting again at a new salary range of $87,000 to $118,000. It was noted that any applicants must have a class B water license. A contracted person is now being used in this position. The committee discussed the salary and the proposed combined position of Superintendent and Foreman. Mr. Dhuse said the position is in high demand and is right for the city needs. Additional Business: Alderman Koch said landscaping is needed by the new sidewalk near Heritage Woods. He also noted a past water issue on Adrian St at a house under repair. Mr. Dhuse said the owner there dug a trench which has helped the problem, however, it still needs to be captured. Mr. Dhuse will speak with the homeowner. There was no further business and the meeting was adjourned at 6:50pm. 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 2019-39 Well No. 7 Generator – Engineering Agreement Public Works Committee – June 18, 2019 Positive Approval Proposed engineering agreement for the Well No. 7 Generator. Eric Dhuse Public Works Name Department Summary Consideration of an engineering agreement for design and construction services for a backup generator for our well and treatment plant located in the Raintree Village subdivision. Background At the time of construction in the early 2000’s, it was decided not to install a backup generator at the well 7 site due to cost constraints. It was thought that we would budget for it in one of the upcoming years because development was still strong, and we would be able to afford it. During these years, we always seemed to have more pressing issues than putting in a backup generator such as emergency well repairs and replacement of water mains that were close to 100 years old. Fast forward to 2007 when we realized that the development was drying up as was our budget. At that time, a backup generator was moved down the priority list to free up budgetary funds for essential needs only. Now, in 2019, it is time to install the generator. With this installation we will be able to move water throughout the entire system even if the power is out. We currently have a generator at the Grande Reserve water treatment plant that can move water from there to the river but getting it to the far south side of town is difficult. If the power is out on the north side for an extended period of time, we have no effective way of moving water from the south to the north. If this generator is approved and installed, we will be able to move water throughout the system as needed. Recommendation It is my recommendation to approve the contract with EEI in the amount of $39,742.00 for design and construction engineering. Currently, there is $400,000 budgeted in the Equipment line item of the water budget to pay for this entire project. I would ask that this be placed on the June 18th public works committee agenda for discussion. If you have any questions or need further information, please let me know. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, Administrator Date: June 11, 2019 Subject: Well 7 Generator Well No. 7 Water Treatment Plant Standby Generator 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 addition of a new standby generator, ATS, and associated electrical improvements at the Well No. 7 Water Treatment Plant, including IEPA Construction Permit coordination. The scope of the improvements is such that an IEPA Construction Permit shall be required. 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. The total amount to be paid for the work and services to be performed herein, including Design Engineering, Construction Engineering, and Direct Expenses, shall be $39,742.00 as identified on Exhibit 3. The hourly rates for this project are shown in the attached 2019 Standard Schedule of Charges (Exhibit 5). All payments will be made according to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract is designated in Section B hereof as an Ongoing Contract, ENGINEER, on or before February 1st of any given year, shall provide written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after May 1st of that same year. Well No. 7 Water Treatment Plant Standby Generator 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). Well No. 7 Water Treatment Plant Standby Generator 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 Well No. 7 Water Treatment Plant Standby Generator 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 Well No. 7 Water Treatment Plant Standby Generator 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: 2019 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.: _________________________________ ________________________________ John Purcell Brad Sanderson, P.E. Mayor Vice President _________________________________ ________________________________ Lisa Pickering Angie Smith Deputy City Clerk Executive Assistant 1 EXHIBIT 1 SECTION A - PROFESSIONAL DESIGN ENGINEERING SERVICES For purposes of this Exhibit 1 and all attachments hereto, the term “contractor” shall not refer to Engineering Enterprises, Inc., but shall instead refer to individuals or companies contracted with, to construct or otherwise manage the project described herein. The ENGINEER shall furnish professional design engineering services as follows: 1. The ENGINEER will attend conferences with the OWNER, or other interested parties as may be reasonably necessary. 2. The ENGINEER will perform the necessary design surveys, accomplish the detailed design of the project, prepare construction drawings, specifications and contract documents, and prepare a final cost estimate based on final design for the entire system. It is also understood that if subsurface explorations (such as borings, soil tests, rock soundings and the like) are required, the ENGINEER will furnish coordination of said explorations without additional charge, but the costs incident to such explorations shall be paid for by the OWNER as set out in Section D hereof. 3. The contract documents furnished by the ENGINEER under Section A-2 shall utilize IEPA endorsed construction contract documents, including Supplemental General Conditions, Contract Change Orders, and partial payment estimates. 4. Prior to the advertisement for bids, the ENGINEER will provide for each construction contract, not to exceed 10 copies of detailed drawings, specifications, and contract documents for use by the OWNER, appropriate Federal, State, and local agencies from whom approval of the project must be obtained. The cost of such drawings, specifications, and contract documents shall be included in the basic compensation paid to the ENGINEER. 5. The ENGINEER will furnish additional copies of the drawings, specifications and contract documents as required by prospective bidders, material suppliers, and other interested parties, but may charge them for the reasonable cost of such copies. Upon award of each contract, the 2 ENGINEER will furnish to the OWNER five sets of the drawings, specifications and contract documents for execution. The cost of these sets shall be included in the basic compensation paid to the ENGINEER. Original documents, survey notes, tracings, and the like, except those furnished to the ENGINEER by the OWNER, are and shall remain the property of the ENGINEER. 6. The drawings prepared by the ENGINEER under the provisions of Section A-2 above shall be in sufficient detail to permit the actual location of the proposed improvements on the ground. The ENGINEER shall prepare and furnish to the OWNER without any additional compensation, three copies of map(s) showing the general location of needed construction easements and permanent easements and the land to be acquired. Property surveys, property plats, property descriptions, abstracting and negotiations for land rights shall be accomplished by the OWNER, unless the OWNER requests, and the ENGINEER agrees to provide those services. In the event the ENGINEER is requested to provide such services, the ENGINEER shall be additionally compensated as set out in Section D hereof. 7. The ENGINEER will attend the bid opening and tabulate the bid proposal, make an analysis of the bids, and make recommendations for awarding contracts for construction. 8. The ENGINEER further agrees to obtain and maintain, at the ENGINEER’s expense, such insurance as will protect the ENGINEER from claims under the Workman’s Compensation Act and such comprehensive general liability insurance as will protect the OWNER and the ENGINEER from all claims for bodily injury, death, or property damage which may arise from the performance by the ENGINEER or by the ENGINEER’s employees of the ENGINEER’s functions and services required under this Agreement. 9. The ENGINEER will complete the final plans, specifications and contract documents and submit for approval of the OWNER, and all State regulatory agencies to meet the project schedule(s) as summarized in Exhibit 4: “Anticipated Project Schedule – Well No. 7 Water Treatment Plant Standby Generator” dated May 3, 2019. 3 SECTION B - PROFESSIONAL CONSTRUCTION ENGINEERING SERVICES The ENGINEER shall furnish professional construction engineering services as follows: 1. The ENGINEER will review, for conformance with the design concept, shop and working drawings required by the construction Contract Documents and indicate on the drawings the action taken. Such action shall be taken with reasonable promptness. 2. The ENGINEER will interpret the intent of the drawings and specifications to protect the OWNER against defects and deficiencies in construction on the part of the contractors. The ENGINEER will not, however, guarantee the performance by any contractor. 3. The ENGINEER will evaluate and determine acceptability of substitute materials and equipment proposed by Contractor(s). 4. The ENGINEER will establish baselines for locating the work together with a suitable number of bench marks adjacent to the work as shown in the contract documents. 5. The ENGINEER will provide general engineering review of the work of the contractor(s) as construction progresses to ascertain that the contactor is conforming to the design concept. (a) ENGINEER shall have authority, as the OWNER’s representative, to require special inspection of or testing of the work, and shall receive and review all certificates of inspections, testing and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents (but only to determine generally that their content complies with requirements of, and the results certified indicate compliance with, the Contract Documents). (b) During such engineering review, ENGINEER shall have the authority, as the OWNER’s representative, to disapprove of or reject contractor(s)’ work while it is in progress if ENGINEER believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the Project as reflected in the Contract Documents. 4 6. The ENGINEER will provide resident construction observation. Resident construction observation shall consist of visual inspection of materials, equipment, or construction work for the purpose of ascertaining that the work is in substantial conformance with the contract documents and with the design intent. Such observation shall not be relied upon by others as acceptance of the work. The ENGINEER’s undertaking hereunder shall not relieve the contractor of contractor’s obligation to perform the work in conformity with the drawings and specifications and in a workmanlike manner; shall not make the ENGINEER an insurer of the contractor’s performance; and shall not impose upon the ENGINEER any obligation to see that the work is performed in a safe manner. Exhibit 2 - The Limitations of Authority, Duties and Responsibilities of the Resident Construction Observer is attached to this Agreement. 7. The ENGINEER will cooperate and work closely with representatives of the OWNER. 8. Based on the ENGINEER’s on-site observations as an experienced and qualified design professional, on information provided by the Resident Construction Observer, and upon review of applications for payment with the accompanying data and schedules by the contractor, the ENGINEER: (a) Shall determine the amounts owing to contractor(s) and recommend in writing payments to contractor(s) in such amounts. Such recommendations of payment will constitute a representation to OWNER, based on such observations and review, that the work has progressed to the point indicated, and that, to the best of the ENGINEER’s knowledge, information and belief, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of such work as a functioning whole prior to or upon substantial completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation). (b) By recommending any payment, ENGINEER will not hereby be deemed to have represented that exhaustive, continuous or detailed reviews or examinations have been made by ENGINEER to check the quality or quantity of contractor(s)’ work as it is furnished and performed beyond the responsibilities specifically assigned to ENGINEER in the Agreement and the Contract Documents. ENGINEER’s review of contractor(s)’ 5 work for the purposes of recommending payments will not impose on Engineer responsibility to supervise, direct or control such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto or contractor(s) compliance with laws, rules, regulations, ordinances, codes or orders applicable to their furnishing and performing the work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes any contractor has used the moneys paid on account of the Contract Price, or to determine that title to any of the work, materials equipment has passed to OWNER free and clear of any lien, claims, security interests, or encumbrances, or that there may not be other matters at issue between OWNER and contractor that might affect the amount that should be paid. 9. The ENGINEER will prepare necessary contract change orders for approval of the OWNER, and others on a timely basis. 10. The ENGINEER will make a final review prior to the issuance of the statement of substantial completion of all construction and submit a written report to the OWNER. Prior to submitting the final pay estimate, the ENGINEER shall submit the statement of completion to and obtain the written acceptance of the facility from the OWNER. 11. The ENGINEER will provide the OWNER with one set of reproducible record (as-built) drawings, and two sets of prints at no additional cost to the OWNER. Such drawings will be based upon construction records provided by the contractor during construction and reviewed by the resident construction observer and from the resident construction observer’s construction data. 12. If State Statutes require notices and advertisements of final payment, the ENGINEER shall assist in their preparation. 13. The ENGINEER will be available to furnish engineering services and consultations necessary to correct unforeseen project operation difficulties for a period of one year after the date of statement of substantial completion of the facility. This service will include instruction of the OWNER in initial project operation and maintenance but will not include supervision of normal 6 operation of the system. Such consultation and advice shall be at the hourly rates as described in the attached Exhibit 5: Standard Schedule of Charges dated January 1, 2019. The ENGINEER will assist the OWNER in performing a review of the project during the 11th month after the date of the certificate of substantial completion. 14. The ENGINEER further agrees to obtain and maintain, at the ENGINEER’s expense, such insurance as will protect the ENGINEER from claims under the Workman’s Compensation Act and such comprehensive general liability insurance as will protect the OWNER and the ENGINEER from all claims for bodily injury, death, or property damage which may arise from the performance by the ENGINEER or by the ENGINEER’s employees of the ENGINEER’s functions and services required under this Agreement. 15. The ENGINEER will provide construction engineering services in accordance with the periods summarized in Exhibit 4: “Anticipated Project Schedule – Well No. 7 Water Treatment Plant Standby Generator” dated May 3, 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. 7 SECTION C – COMPENSATION FOR ENGINEERING SERVICES 1. The OWNER shall compensate the ENGINEER for professional design engineering services in the amount of Twelve Thousand Three Hundred Ten Dollars – Fixed Fee (FF) ($12,310.00 FF) as summarized on Exhibit 3: “Estimate of Level of Effort and Associated Cost for Professional Engineering Services for Well No. 7 Water Treatment Standby Generator” dated May 3, 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 compensation payable under Section C-1 shall be paid in monthly increments for work actually completed and invoiced, for grant administration and for the preparation and submission to the OWNER of the construction drawings, specifications, cost estimates and contract documents. (2) A sum which, together with the compensation paid pursuant to Section C-1(a)(1) above, equals one hundred percent (100%) of the total compensation due and payable in accord with Section C-1 above, shall be due immediately after the award of construction contract(s) is approved by the corporate authorities. 2. The OWNER shall compensate the ENGINEER for the construction administration, construction observation (including the Resident Construction Observer), and any additional consultation services on the basis of Hourly Rates (HR) as described on the attached Exhibit 5: Standard Schedule of Charges dated January 1, 2019. The estimated values are included in Exhibit 3: “Estimate of Level of Effort and Associated Cost for Professional Engineering Services for Well No. 7 Water Treatment Plant Standby Generator” dated May 3, 2019 and are estimated at Nine Thousand Seven Hundred Thirty-Two Dollars – Hourly (HR) ($9,732.00 HR). (a) The compensation for the construction administration, construction observation (including the Resident Construction Observer), and any additional consultation and surveying services shall be payable as follows: 8 (1) A sum which equals any charges for work actually completed and invoiced shall be paid at least once per month. 3. The OWNER shall compensate the ENGINEER for direct expenses in the amount of Seventeen Thousand Seven Hundred Dollars ($17,700.00) as identified in the contract and as noted on Exhibit 3: “Estimate of Level of Effort and Associated Cost for Professional Engineering Services for Well No. 7 Water Treatment Standby Generator” dated May 3, 2019, at the actual cost or hourly cost for the work completed. (1) A sum which equals any charges for work actually completed and invoiced shall be paid at least once per month. 4. The compensation for any additional engineering services authorized by the OWNER pursuant to Section D shall be payable as follows: (a) A sum which equals any charges for work actually completed and invoiced shall be paid at least once per month. 9 SECTION D – ADDITIONAL ENGINEERING SERVICES In addition to the foregoing being performed, the following services may be provided UPON PRIOR WRITTEN AUTHORIZATION OF THE OWNER. 1. Site surveys outside of the project limits and other similar special surveys as may be required. 2. Laboratory tests, well tests, borings, specialized geological soils hydraulic, or other studies recommended by the ENGINEER. 3. Property surveys, detailed description of sites, maps, drawings, or estimates related thereto; assistance in negotiating for land and easement rights. 4. Necessary data and filing maps for litigation, such as condemnation. 5. Redesigns ordered by the OWNER after final plans have been accepted by the OWNER and IEPA. 6. Appearances before courts or boards on matters of litigation or hearings related to the project. 7. Preparation of environmental impact assessments or environmental impact statements. 8. Making drawings from field measurements of existing facilities when required for planning additions or alterations thereto. 9. Services due to changes in the scope of the Project or its design, including but not limited to, changes in size, complexity, schedule or character of construction. 10. Revising studies or reports which have previously been approved by the OWNER, or when revisions are due to cases beyond the control of the ENGINEER. 10 11. Preparation of design documents for alternate bids where major changes require additional documents. 12. Preparation of detailed renderings, exhibits or scale models for the Project. 13. Providing special analysis of the OWNER’s needs such as owning and operating analysis, plan for operation and maintenance, OWNER’s special operating drawings or charts, and any other similar analysis. 14. The preparation of feasibility studies, appraisals and evaluations, detailed quantity surveys of material and labor, and material audits or inventories by the OWNER. 15. Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) defective or incomplete work of the contractor, and/or (3) the contractor’s default on the Construction Contract due to delinquency or insolvency. 16. Providing design services relating to future facilities, systems and equipment which are not intended to be constructed or operated as a part of the Project. 17. Providing other services not otherwise provided for in this Agreement, including services normally furnished by the OWNER as described in Section E – SPECIAL PROVISIONS – Owner’s Responsibilities. 18. Assistance with obtaining local or regulatory construction permits. Payment for the services specified in this Section E shall be as agreed in writing between the OWNER and the ENGINEER prior to commencement of the work. The ENGINEER will render to OWNER for such services an itemized bill, separate from any other billing, once each month, for compensation for services performed hereunder during such period, the same to be due and payable by OWNER to the ENGINEER on or before the 10th day of the following period. Payment for services noted in D shall be at Actual Cost (AC), Fixed Fee (FF) or Hourly (HR). 11 SECTION E - SPECIAL PROVISIONS 1. OWNER’S RESPONSIBILITIES (a) Provide to the ENGINEER all criteria, design and construction standards and full information as to the OWNER’s requirements for the Project. (b) Designate a person authorized to act as the OWNER’s representative. The OWNER or his representative shall receive and examine documents submitted by the ENGINEER, interpret and define the OWNER’s policies and render decisions and authorizations in writing promptly to prevent unreasonable delay in the progress of the ENGINEER’s services. (c) Furnish laboratory tests, air and water pollution tests, reports and inspections of samples, materials or other items required by law or by governmental authorities having jurisdiction over this Project, or as recommended by the ENGINEER. (d) Provide legal, accounting, right-of-way acquisition and insurance counseling services necessary for the Project, legal review of the construction Contract Documents, and such auditing services as the OWNER may require to account for expenditures of sums paid to the contractor. (e) Furnish above services at the OWNER’s expense and in such manner that the ENGINEER may rely upon them in the performance of his services under this Agreement and in accordance with the Project timetable. (f) Guarantee full and free access for the ENGINEER to enter upon all property required for the performance of the ENGINEER’s services under this Agreement. (g) Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any defect in the Project or other event which may substantially affect the ENGINEER’s performance of services under this Agreement. 12 (h) Protect and preserve all survey stakes and markers placed at the project site prior to the assumption of this responsibility by the contractor and bear all costs of replacing stakes or markers damaged or removed during said time interval. 2. Delegation of Duties - Neither the OWNER nor the ENGINEER shall delegate his duties under this Agreement without the written consent of the other. 3. The ENGINEER has not been retained or compensated to provide design services relating to the contractor’s safety precautions or to means, methods, techniques, sequences, or procedures required by the contractor to perform his work but not relating to the final or completed structure. Omitted services include but are not limited to shoring, scaffolding, underpinning, temporary retainment of excavations and any erection methods and temporary bracing. 4. The ENGINEER intends to render his services under this Agreement in accordance with generally accepted professional practices for the intended use of the Project. 5. Since the ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s) methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Costs and Construction Costs provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as an experienced and qualified professional engineer, familiar with the construction industry. The ENGINEER cannot and does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost prepared by him. If prior to the bidding or negotiating phase OWNER wishes greater assurance as to project or construction costs he shall employ an independent cost-estimator. 6. Access to Records: (a) The ENGINEER agrees to include subsections E-6(b) through E-6(e) below in all contracts and all subcontracts directly related to project services which are in excess of $25,000. 13 (b) The ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance of Agency loan work under this Agreement consistent with generally accepted accounting standards in accordance with the American Institute of Certified Public Accountants Professional Standards (666 Fifth Avenue, New York, New York 10019; June 1, 1987). The Agency or any of its duly authorized representatives shall have access to such books, records, documents and other evidence for the purpose of inspection, audit and copying. The ENGINEER will provide facilities for such access and inspection. (c) Audits conducted pursuant to this provision shall be in accordance with generally accepted auditing standards. (d) The ENGINEER agrees to the disclosure of all information and reports resulting from access to records pursuant to subsection E-6(b) above, to the Agency. Where the audit concerns the ENGINEER, the auditing agency shall afford the ENGINEER an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. The final audit report will include the written comments, if any, of the audited parties. (e) Records under subsection E-6(b) above shall be maintained and made available during performance on Agency loan work under this agreement and until three years from date of final Agency loan audit for the project. In addition, those records which relate to any “dispute” appeal under an Agency loan agreement, or litigation, or the settlement of claims arising out of such performance, costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7. Covenant Against Contingent Fees - The ENGINEER warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bonafide employees. For breach or violation of this warranty, the loan recipient shall have the right to annul this agreement without liability or in its discretion to deduct from the contract price or 14 consideration or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8. Covenant Against Contingent Fees - The loan recipient warrants that no person or agency has been employed or retained to solicit or secure a PWSLP loan upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warranty, the Agency shall have the right to annul the loan or to deduct from the loan or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 9. Certification Regarding Debarment – The ENGINEER certifies that the services of anyone that has been debarred or suspended under Federal Executive Order 12549 has not, and will not, be used for work under this Agreement. 10. Affirmative Action – The ENGINEER agrees to take affirmative steps to assure that disadvantaged business enterprises are utilized when possible as sources of supplies, equipment, construction and services in accordance with the Clean Water Loan Program rules. As required by the award conditions of USEPA's Assistance Agreement with IEPA, the ENGINEER acknowledges that the fair share percentages are 5% for MBEs and 12% for WBEs. 11. The ENGINEER shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. 15 EXHIBIT 2 THE LIMITATIONS OF AUTHORITY, DUTIES AND RESPONSIBILITIES OF THE RESIDENT CONSTRUCTION OBSERVER ARE AS FOLLOWS: 1. The Resident Construction Observer shall act under the direct supervision of the ENGINEER, shall be the ENGINEER’s agent in all matters relating to on-site construction review of the contractor’s work, shall communicate only with the ENGINEER and the contractor (or contractor’s), and shall communicate with subcontractors only through the contractor or his authorized superintendent. The OWNER shall communicate with the Resident Construction Observer only through the ENGINEER. 2. The Resident Construction Observer shall review and inspect on-site construction activities of the contractor relating to portions of the Project designed and specified by the Engineer as contained in the Construction Contract Documents. 3. Specifically omitted from the Resident Construction Observer’s duties is any review of the contractor’s safety precautions, or the means, methods, sequences, or procedures required for the contractor to perform the work but not relating to the final or completed Project. Omitted design or review services include but are not limited to shoring, scaffolding, underpinning, temporary retainment of excavations and any erection methods and temporary bracing. 4. The specific duties and responsibilities of the Resident Construction Observer are enumerated as follows: (a) Schedules: Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by contractor and consult with ENGINEER concerning their acceptability. (b) Conferences: Attend preconstruction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with ENGINEER and notify those expected to attend in advance. Attend meetings and maintain and circulate copies of minutes thereof. 16 (c) Liaison: (1) Serve as ENGINEER’s liaison with contractor, working principally through contractor’s superintendent and assist him in understanding the intent of the Contract Documents. (2) Assist ENGINEER in serving as OWNER’s liaison with contractor when contractor’s operations affect OWNER’s on-site operations. (3) As requested by ENGINEER, assist in obtaining from OWNER additional details or information, when required at the job site for proper erection of the work. (d) Shop Drawings and Samples: (1) Receive and record date of receipt of Shop Drawings and samples. (2) Receive samples which are furnished at the site by contrctor, and notify ENGINEER of their availability for examination. (3) Advise ENGINEER and contractor or its superintendent immediately of the commencement of any work requiring a Shop Drawing or sample submission if the submission has not been approved by ENGINEER. (e) Review of Work, Rejection of Defective Work, Inspections and Tests: (1) Conduct on-site inspection of the work in progress to assist ENGINEER in determining if the work is proceeding in accordance with the Contract Documents and that completed work will conform to the Contract Documents. (2) Report to ENGINEER whenever he believes that any work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, test or approval required to be made or 17 has been damaged prior to final payment; and advise ENGINEER when he believes work should be corrected or rejected or should be uncovered for inspection, or requires special testing, inspection or approval. (3) Verify that tests, equipment and systems start-ups, and operating and maintenance instructions are conducted as required by the Contract Documents and in presence of the required personnel, and that contractor maintains adequate records thereof; observe, record and report to ENGINEER appropriate details relative to the test procedures and start-ups. (4) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to ENGINEER. (f) Interpretation of Contract Documents: Transmit to contractor ENGINEER’s clarifications and interpretations of the Contract Documents. (g) Modifications: Consider and evaluate contractor’s suggestions for modifications in Drawings or Specifications and report them with recommendations to ENGINEER. (h) Records: (1) Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples submissions, reproductions of original Contract Documents including all addenda, change orders, field orders, additional drawings issued subsequent to the execution of the Contract, ENGINEER’s clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. (2) Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily 18 activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Send copies to ENGINEER. (3) Record names, addresses and telephone numbers of all contractor’s, subcontractors and major suppliers of materials and equipment. (i) Reports: (1) Furnish ENGINEER periodic reports as required of progress of the work and contractor’s compliance with the approved progress schedule and schedule of Shop Drawing submissions. (2) Consult with ENGINEER in advance of schedule major tests, inspections or start of important phases of the work. (3) Report immediately to ENGINEER upon the occurrence of any accident. (j) Payment Requisitions: Review applications for payment with contractor for compliance with the established procedure for their submission and forward them with recommendations to ENGINEER, noting particularly their relation to the schedule of values, work completed and materials and equipment delivered at the site but not incorporated in the work. (k) Certificates, Maintenance and Operating Manuals: During the course of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by contractor are applicable to the items actually installed; and deliver this material to ENGINEER for his review and forwarding to OWNER prior to final acceptance of the work. (l) Completion: (1) Before ENGINEER issues a Statement of Substantial Completion, submit to contractor a list of observed items requiring completion or correction. 19 (2) Conduct final review in the company of ENGINEER, OWNER and contractor and prepare a final list of items to be completed or corrected. (3) Verify that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. DATE: 4/30/2019ENTERED BY: STDENTITY:ADMIN. WORKPRINCIPAL SENIOR ITEM COSTWORK IN PROJECTPROJECTCAD SENIOR HOUR PERITEM CHARGE MANAGERENG.MANAGER TECHNICIAN ADMIN. SUMM. ITEMNO. WORK ITEM HOURLY RATE: $203 $197$141$178 $141 $70DESIGN ENGINEERING1.1 Project Administration 1 2 3 597$ 1.2 Design and Project Manual Preparation 8 24 16 2 50 7,356$ 1.3 IEPA Construction Permit Coordination 4 6 1 11 1,704$ 1.4 Bidding & Contracting 1 6 8 2 17 2,653$ Design Engineering Subtotal: 2 20 38 - 16 5 81 12,310$ CONSTRUCTION ENGINEERING2.1 Project Administration 1 2 3 597$ 2.2 Construction Administration 1 10 16 2 29 4,569$ 2.3 Construction Observation 6 24 30 4,566$ Construction Engineering Subtotal: 2 18 40 - - 2 62 9,732$ PROJECT TOTAL: 4 38 78 - 16 7 143 22,042 19,296$ Printing (Design) = 50$ -$ Vehicle (Construction) = 150$ 2,256$ Electrical Engineering - Archer (Design) = 12,500$ 490$ Electrical Engineering - Archer (Construction) = 5,000$ 22,042$ DIRECT EXPENSES = 17,700$ 39,742$ Notes:- Does Not Include IEPA Operating Permit Coordination or Local Building Permit Coordination\\Milkyway\EEI_Storage\Docs\Public\Yorkville\2019\YO1912-P Well No. 7 WTP Standby Generator\PSA\[Exhibit 3 - Level of Effort.xlsx]Design & Constr. Eng.April 30, 2019EXHIBIT 3SUMMARY OF COMPENSATION FORPROFESSIONAL ENGINEERING SERVICES FORWell No. 7 Water Treatment Plant Standby GeneratorUnited City of Yorkville, ILTOTAL EXPENSES = ENGINEERING DRAFTINGPROJECT ROLE:LABOR SUMMARYEngineering Expenses = Surveying Expenses = Drafting Expenses = Administrative Expenses = TOTAL LABOR EXPENSES = DIRECT EXPENSES EXHIBIT 4:ANTICIPATED PROJECT SCHEDULEWell No. 7 Water Treatment Plant Standby GeneratorUnited City of Yorkville, IL5/3/19WORKITEMNO. WORK ITEM 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 3 10 17 24 2 9 16 23 30 6 13 20 271.1 Design and Project Manual Preparation1.2 IEPA Construction Permit Coordination1.3 Bidding & Contracting2.0 Construction*\\Milkyway\EEI_Storage\Docs\Public\Yorkville\2019\YO1912-P Well No. 7 WTP Standby Generator\PSA\[Exhibit 4 - Schedule.xls]Schedule 5-3-19*Construction Duration from Notice to Proceed Until Completion Expected to be ~6 Months. LegendDesign Work Item(s) Bidding & Contracting Work Item(s)Permit Work Item(s) Construction Work Item(s)AprilWeek Starting:Year:Month: May July August September2019OctoberJuneMarchJanuary FebruaryDecemberNovemberENGINEERING ENTERPRISES, INC.CONSULTING ENGINEERS Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #2 Tracking Number PW 2019-40 Elizabeth St. water main improvement – Design engineering agreement Public Works Committee – June 18, 2019 Positive Approval Proposed engineering agreement for the design of replacing the water main on Elizabeth St. Eric Dhuse Public Works Name Department Summary Proposal for design engineering for replacement water main on Elizabeth St. Background In an ongoing effort to replace all aging or undersized water main throughout the city, Elizabeth Street water main is a prime candidate. This water main is a 4” cast iron water main that was installed in the 1950’s as part of the subdivision. This water main is past its useful life and severely undersized by today’s standards. We would replace this 4” main with a new ductile iron 8” water main to provide better flow and fire protection. In addition, we would replace all water services to the B-box with new, 1” services. I have attached a map for your reference. Recommendation I recommend approving the design engineering contract in an amount not to exceed $34,750. This item is budgeted in the water fund under engineering services. I would ask that this be placed on the June 18, 2019 public works committee agenda for discussion. If you have any questions or need further information, please let me know. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, Administrator Date: June 11, 2019 Subject: Elizabeth St. water main improvements engineering agreement Elizabeth Street Water Main Replacement United City of Yorkville, Kendall County, IL Professional Services Agreement - Design Engineering THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred to as the "City" or “OWNER” and E ngineering 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 engineering will be provided for approximately 1,555 linear feet of 8-inch water main improvements on Elizabeth Street (see Exhibit 4 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 t his 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 2. Design Engineering will be paid for as a Fixed Fee (FF) in the amount of $34,000. Direct expenses are estimated at $750. The hourly rates for this project are shown in the attached 2019 Standard Schedule of Charges (Exhibit 5). All payments will be made according to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract is designated in Section B hereof as an Ongoing Contract, ENGINEER, on or before February 1st of any given year, shall provide written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after May 1st of that same year. Elizabeth Street Water Main Replacement United City of Yorkville Professional Services Agreement Design 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). Elizabeth Street Water Main Replacement United City of Yorkville Professional Services Agreement Design 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 Stat utes 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 bo ycott 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 Elizabeth Street Water Main Replacement United City of Yorkville Professional Services Agreement Design 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 Contracto r 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 emplo yees 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 Elizabeth Street Water Main Replacement United City of Yorkville Professional Services Agreement Design 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: Estimate of Level of Effort and Associated Cost Exhibit 3: Anticipated Project Schedule Exhibit 4: Location Map Exhibit 5: 2019 Standard Schedu le 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.: _________________________________ ________________________________ John Purcell 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 entir e system. It is also understood that if subsurface explorations (such as borings, soil tests, rock soundings and the like) are required, the ENGINEER will furnish coordination of said explorations without additional charge, but the costs incident to such explorations shall be paid for by the OWNER as set out in Section D hereof. 3. The contract documents furnished by the ENGINEER under Section A-2 shall utilize IEPA endorsed construction contract documents, including Supplemental General Conditions, Contract Change Orders, and partial payment estimates. 4. Prior to the advertisement for bids, the ENGINEER will provide for each construction contract, not to exceed 10 copies of detailed drawings, specifications, and contract documents for use by the OWNER, appro priate 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 additional copies of the drawings, specifications and contract documents as required by prospective bidders, material suppliers, and other interested parties, but may charge them for the reasonable cost of such copies. Upon award of each contract, the 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 3: “Anticipated Project Schedule – Elizabeth Street Water Main Replacement” dated April 25, 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 and specifications to protect the OWNER against defects and deficiencies in construction on the part of the contractors. The ENGINEER will not, however, guarantee the performance by any contractor. 3. The ENGINEER will evaluate and determine acceptability of substitute materials and equipment proposed by Contractor(s). 4. The ENGINEER will establish baselines for locating the work together with a suitable number of bench marks adjacent to the work as shown in the contract documents. 4 5. The ENGINEER will provide general engineering review of the work of the contractor(s) as construction progresses to ascertain that the contactor is conforming to the design concept. (a) ENGINEER shall have authority, as the OWNER’s representative, to require special inspection of or testing of the work, and shall receive and review all certificates of inspections, testing and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents (but only to determine generally that their content complies with requirements of, and the results certified indicate compliance with, the Contract Documents). (b) During such engineering review, ENGINEER shall have the authority, as the OWNER’s representative, to disapprove of or reject contractor(s)’ work while it is in progress if ENGINEER believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the Project as reflected in the Contract Documents. 6. The ENGINEER will provide resident construction observation. Resident construction observation shall consist of visual inspection of materials, equipment, or construction work for the purpose of ascertaining that the work is in substantial conformance with the contract documents and with the design intent. Such observation shall not be relied upon by others as acceptance of the work. The ENGINEER’s undertaking hereunder shall not relieve the contractor of contractor’s obligation to perform the work in conformity with the drawings and specifications and in a workmanlike manner; shall not make the ENGINEER an insurer of the contractor’s performance; and shall not impose upon the ENGINEER any obligation to see that the work is performed in a safe manner. Exhibit 2 - The Limitations of Authority, Duties and Responsibilities of the Resident Construction Observer is attached to this Agreement. 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 Agreement 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 o f 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 addit ional 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 system. Such consultation and advice shall be at the hourly rates as described in the attached Exhibit 6: Standard Schedule of Charges dated January 1, 2017. 7 The ENGINEER will assist the OWNER in performing a review of the project during the 11th month after the date of the certificate of substantial completion. 14. The ENGINEER further agrees to obtain and maintain, at the ENGINEER’s expense, such insurance as will protect the ENGINEER from claims under the Workman’s Compensation Act and such comprehensive general liability insurance as will protect the OWNER and the ENGINEER from all claims for bodily injury, death, or property damage which may arise from the performance by the ENGINEER or by the ENGINEER’s employees of the ENGINEER’s functions and services required under this Agreement. 15. The ENGINEER will provide construction engineering services in accordance with the periods summarized in Exhibit 4: “Anticipated Project Schedule – Elizabeth Street Water Main Replacement” dated April 25, 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 $34,000 Fixed Fee as summarized on Exhibit 2: “Estimate of Level of Effort and Associated Cost for Professional Engineering Services for Elizabeth Street Water Main Replacement ” dated April 26, 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 compensation payable under Section C-1 shall be paid in monthly increments for work actually completed and invoiced, for grant administration and for the preparation and submission to the OWNER and/or IEPA of the construction drawings, specifications, cost estimates and contract documents. (2) A sum which, together with the compensation paid pursuant to Section C-1(a)(1) above, equals one hundred percent (100%) of the total compensation due and payable in accord with Section C-1 above, shall be due immediately after the award of construction contract(s) is approved by the corporat e 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, 2019. The estimated values are included in Exhibit 3: “Estimate of Level of Effort and Associated Cost for Professional Engineering Services for Elizabeth Street Water Main Replacement” dated April 26, 2019 and are estimated at $XXXX Hourly (HR). 9 (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 Exhibit 2 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 contracts 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 t he 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. ENTITY:ADMIN.WORK PRINCIPAL SENIOR SENIOR SENIOR SENIOR SENIOR ITEM COST WORK IN PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT CAD PROJECT HOUR PER ITEM CHARGE MANAGER ENGINEER I ENGINEER MANAGER MANAGER TECHNICIAN II MANAGER TECHNICIAN I ADMIN.SUMM.ITEM NO.WORK ITEM HOURLY RATE:$203 $197 $165 $141 $197 $178 $153 $145 $141 $70 FINAL ENGINEERING 2.1 Project Management and Administration 2 8 2 - - - - - - - 12 2,312$ 2.2 Project Meetings 1 2 4 - - - - - - - 7 1,257$ 2.3 Topographic Survey - - - - 12 23 - - - - 35 6,458$ 2.4 Utility Coordination - - 2 2 - - - - - - 4 612$ 2.5 Final Plans, Specifications and Estimates 8 6 50 15 - - - 10 30 - 119 18,851$ 2.6 Permitting - - 2 2 - - - - - - 4 612$ 2.7 Bidding and Contracting - 4 9 3 - - - - - 7 23 3,186$ Final Engineering Subtotal:11 20 69 22 12 23 - 10 30 7 204 33,288$ PROJECT TOTAL:11 20 69 22 12 23 - 10 30 7 204 33,288 Printing =250$ 20,660$ Mileage =-$ 6,458$ Material Testing = -$ 5,680$ 500$ 490$ DIRECT EXPENSES =750$ 33,288$ 34,038$ G:\Public\Yorkville\2019\YO1913-P Elizabeth Street Water Main Improvements\PSA\Design\[02.Exhibit 2 - Level of Effort.xlsx]Fee Summary - No CO April 26, 2019 EXHIBIT 2 ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST FOR PROFESSIONAL ENGINEERING SERVICES FOR ELIZABETH STREET WATER MAIN REPLACEMENT United City of Yorkville, IL ENGINEERING SURVEYING DRAFTING PROJECT ROLE: DIRECT EXPENSES LABOR SUMMARY TOTAL EXPENSES = Engineering Expenses = Surveying Expenses = Drafting Expenses = Environmental Assessment =Administrative Expenses = TOTAL LABOR EXPENSES = WORK Year: ITEM Month: NO.WORK ITEM Week Starting:1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 FINAL DESIGN ENGINEERING 2.1 Project Management and Administration 2.2 Project Meetings 2.3 Topographic Survey 2.4 Utility Coordination 2.5 Final Plans, Specifications and Estimates 2.6 Permitting 2.7 Bidding and Contracting Project Management & QC/QA Permitting Meeting(s)Bidding and Contracting Design Construction SeptemberJuly 2020 EXHIBIT 3 ANTICIPATED PROJECT SCHEDULE ELIZABETH STREET WATER MAIN REPLACEMENT UNITED CITY OF YORKVILLE, IL April 25, 2019 August 2019 January February April Legend MarchNovemberDecemberOctober GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GFGF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF !( !( !( !( !( !( !( !( !( !( !( !( !( !(!(!(!(!( !( !( !(!( !(!( !(!( !( !( !(!( !( !( !( !( !(!( !( !(!(!( !( !( !( !( !( !( !( !(BridgeMainStateBlaine ElizabethAdrian B a r b e r r y MorganWalshDolph Orange Beecher Colonial Beaver Spicebush W als h Dolph Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 Legend !(VALVE GF HYDRANT UNKNOWN WATER MAIN 3" WATER MAIN AND SMALLER 4" WATER MAIN 6" WATER MAN 8" WATER MAIN 10" WATER MAIN 12" WATER MAIN 16" WATER MAIN WATER IMPROVEMENT LIMITS EXHIBIT 5 - LOCATION MAP www.eeiweb.com DATE: PROJECT NO.: FILE: PATH: BY: MAY 2019 YO1913 YO1913_Elizabeth St.MXD H:\GIS\PUBLIC\YORKVILLE\2019\ MJT ³ 300 0 300150 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 #3 Tracking Number PW 2019-41 Chemical feed system – supply purchase and engineering agreement Public Works Committee – June 18, 2019 Positive Approval Proposal for engineering agreement and purchase of chemical feed system for water Quality. Eric Dhuse Public Works Name Department Summary A request to move forward with an engineering contract for design and purchase of chemicals for all of our treatment plants to add Ore-cle which is a chemical that helps in balancing the ammonia, ammonium and chlorine in our water. Background With over 120 miles of water mains in our system, it is always a challenge to keep our water fresh and safe for consumers. To assist in accomplishing this task, we must keep certain chlorine residuals in our water system at all times. In areas where there is little use and large water main, this proves to be a challenge. We flush many dead ends and low use areas routinely to ensure fresh, chlorinated water to our residents that live in these areas. When we do this, we find that the areas closest to the water treatment plants can experience a higher chlorine level which affects taste and odor of the water. In an effort to balance this and provide quality water to all consumers, it was decided to see if there was something out there that would help us balance the chemicals used, time spent, and improve the taste of our water. Working with Water Solutions Unlimited and EEI, we have chosen to feed a chemical called Ore-Cle. Due to the very technical nature of this process, I asked Jeff Freeman to break it down to a simple form that I could understand. Please find below his brief synopsis of what we are trying to accomplish. Due to the fact that our water distribution system extends across a large area, and in some cases there is limited water use on the way to some areas, it can be a challenge to meet the required chlorine residuals throughout all areas of our distribution system. In addition, the State currently is considering increasing the levels of chlorine residual required throughout the system. One method of improving the chlorine residual throughout the system is to inject the Ora-Cle chemical at each of our water treatment plants. Ora-Cle is primarily a mixture of ortho and polyphosphates. Ora-Cle is generally used to remove materials that have deposited within the system (i.e. iron). By removing those deposits, which often have a chlorine demand, the residual chlorine within the water is not as easily reduced. Therefore, the water within the distribution system will be able to maintain the required residual. Our plan is to inject the Ora-Cle product in anticipation of hydrant flushing. The Ora-Cle injection, along with hydrant flushing, will maximize the removal of the small particles within the system. During the process, there could be an increase in red water, however we will work to optimize the dose to minimize water quality complaints. Please note this is a widely used product in Northeastern Illinois. It has been utilized by many other communities, with success, to achieve the same purpose that we are planning to use it for. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, Administrator Date: June 12, 2019 Subject: Chemical addition at treatment plants I have also asked Jeff to attend the meeting to discuss the process in further detail and answer any questions the committee may have. Recommendation I recommend approving the PSA with EEI and approve the purchase of the equipment and chemicals to implement this plan. There is currently $33,000 budgeted for engineering and equipment purchases in the water department operations budget under engineering services and treatment facility supplies. I would ask that this be placed on the June 18, 2019 Public Works Committee agenda for discussion. If you have any questions or need further information, please let me know. Ora-Cle Chemical Feed Systems Additions at Water Treatment Plants United City of Yorkville, Kendall County, IL Professional Services Agreement - Design 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 engineering will be provided for the addition of Ora-Cle Chemical Feed Systems at their Well No. 4 Water Treatment Plant, Well No. 7 Water Treatment Plant, and Wells No. 8 & 9 Water Treatment Plant. Scope includes preparation of calculations, exhibits, and completion of permit application forms, such that IEPA Construction Permits shall be acquired for each of the three facilities. Scope does not include design engineering services for the purpose of bidding the project, or for construction engineering services. 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 $8,774.00. The hourly rates for additional services for this project are shown in the attached 2019 Standard Schedule of Charges (Exhibit 5). All payments will be made according to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract is designated in Section B hereof as an Ongoing Contract, ENGINEER, on or before February 1st of any given year, shall provide written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after May 1st of that same year. Ora-Cle Chemical Feed Systems Additions at Water Treatment Plants United City of Yorkville Professional Services Agreement Design 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 Ora-Cle Chemical Feed Systems Additions at Water Treatment Plants United City of Yorkville Professional Services Agreement Design Engineering 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). 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 Ora-Cle Chemical Feed Systems Additions at Water Treatment Plants United City of Yorkville Professional Services Agreement Design Engineering 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 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 Ora-Cle Chemical Feed Systems Additions at Water Treatment Plants United City of Yorkville Professional Services Agreement Design Engineering 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 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: Estimate of Level of Effort and Associated Cost Exhibit 3: Anticipated Project Schedule Exhibit 4: 2019 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.: _________________________________ ________________________________ John Purcell Brad Sanderson, P.E. Mayor Vice President _________________________________ ________________________________ Lisa Pickering Angie Smith Deputy City Clerk Executive Assistant 1 EXHIBIT 1 SECTION A - PROFESSIONAL DESIGN ENGINEERING SERVICES For purposes of this Exhibit 1 and all attachments hereto, the term “contractor” shall not refer to Engineering Enterprises, Inc., but shall instead refer to individuals or companies contracted with, to construct or otherwise manage the project described herein. The ENGINEER shall furnish professional design engineering services as follows: 1. The ENGINEER will attend conferences with the OWNER, or other interested parties as may be reasonably necessary. 2. The ENGINEER will perform the necessary design surveys, accomplish the detailed design of the project, prepare construction drawings, specifications and contract documents, and prepare a final cost estimate based on final design for the entire system. It is also understood that if subsurface explorations (such as borings, soil tests, rock soundings and the like) are required, the ENGINEER will furnish coordination of said explorations without additional charge, but the costs incident to such explorations shall be paid for by the OWNER as set out in Section D hereof. 3. The contract documents furnished by the ENGINEER under Section A-2 shall utilize IEPA endorsed construction contract documents, including Supplemental General Conditions, Contract Change Orders, and partial payment estimates. 4. Prior to the advertisement for bids, the ENGINEER will provide for each construction contract, not to exceed 10 copies of detailed drawings, specifications, and contract documents for use by the OWNER, appropriate Federal, State, and local agencies from whom approval of the project must be obtained. The cost of such drawings, specifications, and contract documents shall be included in the basic compensation paid to the ENGINEER. 5. The ENGINEER will furnish additional copies of the drawings, specifications and contract documents as required by prospective bidders, material suppliers, and other interested parties, but may charge them for the reasonable cost of such copies. Upon award of each contract, the 2 ENGINEER will furnish to the OWNER five sets of the drawings, specifications and contract documents for execution. The cost of these sets shall be included in the basic compensation paid to the ENGINEER. Original documents, survey notes, tracings, and the like, except those furnished to the ENGINEER by the OWNER, are and shall remain the property of the ENGINEER. 6. The drawings prepared by the ENGINEER under the provisions of Section A-2 above shall be in sufficient detail to permit the actual location of the proposed improvements on the ground. The ENGINEER shall prepare and furnish to the OWNER without any additional compensation, three copies of map(s) showing the general location of needed construction easements and permanent easements and the land to be acquired. Property surveys, property plats, property descriptions, abstracting and negotiations for land rights shall be accomplished by the OWNER, unless the OWNER requests, and the ENGINEER agrees to provide those services. In the event the ENGINEER is requested to provide such services, the ENGINEER shall be additionally compensated as set out in Section D hereof. 7. The ENGINEER will attend the bid opening and tabulate the bid proposal, make an analysis of the bids, and make recommendations for awarding contracts for construction. 8. The ENGINEER further agrees to obtain and maintain, at the ENGINEER’s expense, such insurance as will protect the ENGINEER from claims under the Workman’s Compensation Act and such comprehensive general liability insurance as will protect the OWNER and the ENGINEER from all claims for bodily injury, death, or property damage which may arise from the performance by the ENGINEER or by the ENGINEER’s employees of the ENGINEER’s functions and services required under this Agreement. 9. The ENGINEER will complete the final plans, specifications and contract documents and submit for approval of the OWNER, and all State regulatory agencies to meet the project schedule(s) as summarized in Exhibit 4: “Anticipated Project Schedule – Ora-Cle Chemical Feed Systems Additions at Water Treatment Plants” dated March 15, 2019. 3 SECTION B - PROFESSIONAL CONSTRUCTION ENGINEERING SERVICES Section Not Used – No Construction Engineering Services in Scope of Project 4 SECTION C – COMPENSATION FOR ENGINEERING SERVICES 1. The OWNER shall compensate the ENGINEER for professional design engineering services in the amount of Eight Thousand Seven Hundred Seventy-Four Dollars – Fixed Fee (FF) ($8,774.00 FF) as summarized on Exhibit 3: “Estimate of Level of Effort and Associated Cost for Professional Engineering Services for Ora-Cle Chemical Feed Systems Additions at Water Treatment Plants” dated March 15, 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 compensation payable under Section C-1 shall be paid in monthly increments for work actually completed and invoiced, for grant administration and for the preparation and submission to the OWNER 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 direct expenses as identified in the contract and as noted on Exhibit 3 at the actual cost or hourly cost for the work completed. (1) A sum which equals any charges for work actually completed and invoiced shall be paid at least once per month. 3. 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. 5 SECTION D – ADDITIONAL ENGINEERING SERVICES In addition to the foregoing being performed, the following services may be provided UPON PRIOR WRITTEN AUTHORIZATION OF THE OWNER. 1. Site surveys outside of the project limits and other similar special surveys as may be required. 2. Laboratory tests, well tests, borings, specialized geological soils hydraulic, or other studies recommended by the ENGINEER. 3. Property surveys, detailed description of sites, maps, drawings, or estimates related thereto; assistance in negotiating for land and easement rights. 4. Necessary data and filing maps for litigation, such as condemnation. 5. Redesigns ordered by the OWNER after final plans have been accepted by the OWNER and IEPA. 6. Appearances before courts or boards on matters of litigation or hearings related to the project. 7. Preparation of environmental impact assessments or environmental impact statements. 8. Making drawings from field measurements of existing facilities when required for planning additions or alterations thereto. 9. Services due to changes in the scope of the Project or its design, including but not limited to, changes in size, complexity, schedule or character of construction. 10. Revising studies or reports which have previously been approved by the OWNER, or when revisions are due to cases beyond the control of the ENGINEER. 6 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. 18. Assistance with obtaining local or regulatory construction permits, outside of IEPA Construction Permits. 19. Design Engineering Services for the purpose of bidding the project, including a Project Manual with Contract Documents, General Conditions, Special Conditions, and Technical Specifications. 20. Assistance with bidding and contracting. 21. Construction Engineering Services, including construction administration and inspection services. 7 Payment for the services specified in this Section E shall be as agreed in writing between the OWNER and the ENGINEER prior to commencement of the work. The ENGINEER will render to OWNER for such services an itemized bill, separate from any other billing, once each month, for compensation for services performed hereunder during such period, the same to be due and payable by OWNER to the ENGINEER on or before the 10th day of the following period. Payment for services noted in D shall be at Actual Cost (AC), Fixed Fee (FF) or Hourly (HR). SECTION E - SPECIAL PROVISIONS 1. OWNER’S RESPONSIBILITIES (a) Provide to the ENGINEER all criteria, design and construction standards and full information as to the OWNER’s requirements for the Project. (b) Designate a person authorized to act as the OWNER’s representative. The OWNER or his representative shall receive and examine documents submitted by the ENGINEER, interpret and define the OWNER’s policies and render decisions and authorizations in writing promptly to prevent unreasonable delay in the progress of the ENGINEER’s services. (c) Furnish laboratory tests, air and water pollution tests, reports and inspections of samples, materials or other items required by law or by governmental authorities having jurisdiction over this Project, or as recommended by the ENGINEER. (d) Provide legal, accounting, right-of-way acquisition and insurance counseling services necessary for the Project, legal review of the construction Contract Documents, and such auditing services as the OWNER may require to account for expenditures of sums paid to the contractor. (e) Furnish above services at the OWNER’s expense and in such manner that the ENGINEER may rely upon them in the performance of his services under this Agreement and in accordance with the Project timetable. 8 (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. 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. 9 6. Access to Records: (a) The ENGINEER agrees to include subsections E-6(b) through E-6(e) below in all contracts and all subcontracts directly related to project services which are in excess of $25,000. (b) The ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance of Agency loan work under this Agreement consistent with generally accepted accounting standards in accordance with the American Institute of Certified Public Accountants Professional Standards (666 Fifth Avenue, New York, New York 10019; June 1, 1987). The Agency or any of its duly authorized representatives shall have access to such books, records, documents and other evidence for the purpose of inspection, audit and copying. The ENGINEER will provide facilities for such access and inspection. (c) Audits conducted pursuant to this provision shall be in accordance with generally accepted auditing standards. (d) The ENGINEER agrees to the disclosure of all information and reports resulting from access to records pursuant to subsection E-6(b) above, to the Agency. Where the audit concerns the ENGINEER, the auditing agency shall afford the ENGINEER an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. The final audit report will include the written comments, if any, of the audited parties. (e) Records under subsection E-6(b) above shall be maintained and made available during performance on Agency loan work under this agreement and until three years from date of final Agency loan audit for the project. In addition, those records which relate to any “dispute” appeal under an Agency loan agreement, or litigation, or the settlement of claims arising out of such performance, costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 10 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. 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. DATE: 3/15/2019ENTERED BY: STDENTITY:ADMIN. WORKPRINCIPAL SENIOR ITEM COSTWORKIN PROJECTPROJECTCAD SENIOR HOUR PERITEMCHARGE MANAGERENGMANAGER TECHNICIAN ADMIN. SUMM. ITEMNO. WORK ITEM HOURLY RATE: $203 $197$141$178 $141 $70DESIGN ENGINEERING1.1 Project Administration 1 2 3 597$ 1.2 Prepare Calculations and Exhibits for Permit Applications 8 16 12 36 5,524$ 1.3 Permit Application Submittals and Coordination with IEPA/City 1 6 8 2 17 2,653$ Design Engineering Subtotal: 2 16 24 - 12 2 56 8,774$ PROJECT TOTAL: 2 16 24 - 12 2 56 8,774 DIRECT EXPENSES6,942$ -$ -$ -$ 1,692$ -$ 140$ -$ 8,774$ DIRECT EXPENSES = -$ 8,774$ \\Milkyway\EEI_Storage\Docs\Public\Yorkville\2019\YO1910-Ora-Cle Permitting-Water Treatment Plants\PSA\[Exhibit 2 - Level of Effort.xlsx]Design Eng.March 15, 2019EXHIBIT 2SUMMARY OF COMPENSATION FORPROFESSIONAL ENGINEERING SERVICES FOROra-Cle Chemical Feed System Additions at Water Treatment PlantsUnited City of Yorkville, ILENGINEERING DRAFTINGPROJECT ROLE:LABOR SUMMARYTOTAL EXPENSES = Engineering Expenses = Surveying Expenses = Drafting Expenses = Administrative Expenses = TOTAL LABOR EXPENSES = ENGINEERING ENTERPRISES, INC.CONSULTING ENGINEERS EXHIBIT 3:ANTICIPATED PROJECT SCHEDULEOra-Cle Chemical Feed Systems Additions at Water Treatment PlantsUnited City of Yorkville, IL3/15/19WORKITEMNO. WORK ITEM 4 11 18 25 1 8 15 22 29 6 13 20 27 3 10 17 241.1 Project Administration1.2 Prepare Calculations and Exhibits for Permit Applications1.3 Permit Application Submittals and Coordination with IEPA/City\\Milkyway\EEI_Storage\Docs\Public\Yorkville\2019\YO1910-Ora-Cle Permitting-Water Treatment Plants\PSA\[Exhibit 3 - Schedule.xls]Schedule 03-15-19*IEPA Construction Permits Expected 45-60 Days After Receipt by IEPALegendAdministrative Work ItemsDesign and Permitting Work Items2019Week Starting:Year:Month: March April May JuneENGINEERING ENTERPRISES, INC.CONSULTING ENGINEERS 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 #4 Tracking Number PW 2019-42 Blackberry Woods (Phase B) – Development Status Public Works Committee – June 18, 2019 Update Brad Sanderson Engineering Name Department This memo is to provide an update as to the status of the completion of the improvements for the Blackberry Woods (Phase B) development. If you may recall, the City and the developer entered into an agreement (attached) on March 26th regarding completing the remaining work items. All work was to be completed by June 1st. There was also to be a new letter of credit established. As of the date of this memo, all work has not been completed and the new letter of credit has not been provided. It is our understanding that the letter of credit is to be issued soon. The remaining work items are shown on the attached letter. A verbal update will be provided at the meeting if additional items would happen to be completed. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Lisa Pickering, Deputy City Clerk Date: June 12, 2019 Subject: Blackberry Woods (Phase B) Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #5 Tracking Number PW 2019-43 2018 Road to Better Roads Program Public Works Committee – June 18, 2019 Majority Recommendation to Approve Request for Change in Plans And Final Payment Estimate Brad Sanderson Engineering Name Department Approval of Request for Change in Plans and Final Payment Estimate The 2018 Roads to Better Roads Program was awarded to D Construction Co., 1488 S. Broadway Street, Coal City, IL 60416 at total awarded value of $385,182.16. The project is now complete and accepted. The project came in $29,911.45 under budget for a Final Construction Cost of $355,270.71. Due to the use of Motor Fuel Tax Funds, the Request for Change in Plans and Engineer’s Final Payment Estimate need to be approved by IDOT before final payment can be made. We recommend City Approval of the Request for Change in Plans and Engineer’s Final Payment Estimate. 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: June 7, 2019 Subject: 2018 Roads to Better Roads Program Route County Local Agency Section Various Local Roads Kendall City of Yorkville 18 - 00000 - 00 - GM Engineer’s Final Payment Estimate Estimate No. 2 and Final Date of Completion Payable To: Name D. Construction Inc. Address 1488 South Broadway, Coal City, IL 60416 Items Awarded* Added Deducted Completed Quantity Values Quantity Quantity Quantity Unit Price Values Totals from previous page BIT MATLS TACK CT 12,570.00 125.70 9,928.00 2,642.00 0.01 26.42 HMA SURF REM BUTT JT 222.00 1,776.00 14.00 208.00 8.00 1,664.00 LEV BIND MM N50 1,045.00 62,700.00 66.00 1,111.00 60.00 66,660.00 HMA SC "D" N50 1,567.00 95,587.00 176.00 1,743.00 61.00 106,323.00 INCIDENTAL HMA SURF 1.00 85.00 1.00 85.00 PC CONC SIDEWALK 5 2,495.00 17,340.25 709.00 1,786.00 6.95 12,412.70 PC CONC SIDEWALK 6 175.00 1,312.50 175.00 7.50 DETECTABLE WARNINGS 166.00 4,150.00 22.00 188.00 25.00 4,700.00 HMA SURF REM 2 1/2 16,060.00 32,120.00 16,060.00 2.00 32,120.00 SIDEWALK REMOVAL 2,939.00 5,290.00 995.00 1,944.00 1.80 3,499.20 CL D PATCH T1 2 287.00 4,305.00 287.00 15.00 CL D PATCH T2 2 287.00 4,305.00 277.00 10.00 15.00 150.00 CL D PATCH T3 2 287.00 4,018.00 246.00 41.00 14.00 574.00 CL D PATCH T4 2 1,730.00 24,220.00 382.00 1,348.00 14.00 18,872.00 CRACK ROUTING (PAVT) 81,875.00 818.75 3,292.00 85,167.00 0.01 851.67 CRACK FILLING 27,291.00 38,207.40 1,098.00 28,389.00 1.40 39,744.60 AGG WEDGE SHLD TYPE B 27.00 810.00 36.00 63.00 30.00 1,890.00 MAN ADJUST 6.00 2,100.00 1.00 7.00 350.00 2,450.00 MAN ADJ NEW T1F CL 2.00 1,300.00 2.00 650.00 1,300.00 SANITARY MANHOLE ADJ 7.00 5,250.00 6.00 1.00 750.00 750.00 SAN MH ADJ NEW T1F CL 1.00 900.00 1.00 900.00 INLETS ADJUST 11.00 3,850.00 1.00 12.00 350.00 4,200.00 VALVE BOX ADJ 2.00 260.00 1.00 1.00 130.00 130.00 THPL PVT MK LINE 4 3,840.00 3,417.60 112.00 3,952.00 0.89 3,517.28 THPL PVT MK LINE 6 134.00 206.36 102.00 236.00 1.54 363.44 THPL PVT MK LINE 12 490.00 1,484.70 490.00 3.03 THPL PVT MK LINE 24 68.00 411.40 10.00 58.00 6.05 350.90 PCC DRIVE REM & REPL 7.00 560.00 4.00 11.00 80.00 880.00 SEEDING, CL 1A SPL 568.00 13,064.00 325.00 243.00 23.00 5,589.00 ROUTING & SEAL CRACKS 9,250.00 5,272.50 9,250.00 0.57 5,272.50 HMA DRIVE REM & REP 219.00 7,665.00 219.00 35.00 FRAME & GRATE SPECIAL 4.00 3,000.00 2.00 2.00 750.00 1,500.00 COMB C C&G REM & REPL 1,122.00 39,270.00 6.00 1,128.00 35.00 39,480.00 Total Awarded Values $385,182.16 Total Completed Values $355,270.71 Page 1 of 2 BLR 13231 (Rev. 1/06) Printed on 6/7/2019 3:42:56 PM Section Number: 18 - 00000 - 00 - GM Total Brought Forward $355,270.71 Miscellaneous Extras and Credits Values Total Miscellaneous Extras and Credits Total Value of Completed Work 355,270.71 Miscellaneous Debits Values Total Miscellaneous Debits Net Cost of Section $355,270.71 Previous Payments $337,507.17 Net Amount Due $17,763.54 Signed: Resident Engineer/Consultant Date Signed: Local Agency Date Approved: Regional Engineer Date Page 2 of 2 BLR 13231 (Rev. 1/06) Printed on 6/7/2019 3:42:57 PM 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 2019-44 Mill Road Public Works Committee – June 18, 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 Old Business #1 Tracking Number PW 2018-102 East Alley Parking Lot – Update Public Works Committee – June 18, 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 #2 Tracking Number PW 2019-27 Crosswalk at Route 47 and Main Street Public Works Committee – June 18, 2019 Informational Bart Olson Administration Name Department Engineering Enterprises, Inc. Memo To: Mr. Bart Olson City Administrator From: Colleen Jaltuch, P.E. and Brad Sanderson, P.E. Date: May 14, 2019 Re: IL Route 47 and Main Street Pedestrian Crossing EEI Job #: YO1915-C As requested, we investigated the pedestrian crossing at IL Route 47 and Main Street due to safety concerns raised by the City and residents. We have investigated possible solutions to the current problems with vehicles not stopping for pedestrians. Our options suggested are below. 1. The first option is to remove all components of the existing crosswalk across IL Route 47. This would include removing the existing pedestrian crossing blinking signs, sidewalk ramps, detectable warnings, depressed curb, and colored concrete crosswalk, and pavement markings. Barrier curb and new sidewalk would be added. Previous sidewalk ramps would be restored with grass. The estimate of cost, including design and construction is $30,000 - $40,000. 2. The second option is to add pedestrian hybrid beacons which would be located on mast arm overhanging northbound and southbound traffic at the crossing. This would include removing the existing pedestrian crossing blinking signs. The estimate of cost, including design and construction is $60,000 - $76,000. Below are pictures of a pedestrian hybrid beacon and a sequencing diagram. Engineering Enterprises, Inc. Memo 3. The third option is to add a pedestrian bridge over IL Route 47. The improvements would include removal of the existing pedestrian crossing blinking signs, sidewalk ramps, detectable warnings, depressed curb, and crosswalk pavement markings. Barrier curb and new sidewalk would be added. The pedestrian bridge would connect from the southeast quadrant of the intersection at Ron Clark Park to the northwest quadrant of the intersection at Yorkville Town Square Park. The bridge would include spiral ramps to be ADA accessible. The estimate of cost, including design and construction is $925,000 - $1,025,000. Below are pictures of pedestrian bridges with spiral ramps. Please let us know if you would like to discuss or would like additional information. Summary Discuss the pedestrian crossing on IL Route 47 at Main Street due to safety concerns. Background Discussion regarding pedestrian crossing signage on IL Route 47 began in 2015 during the reconstruction and widening of the roadway. An analysis was performed by EEI and approval to construct the crosswalk signage and pavement markings was given by the City Council and IDOT in April 2016. The original investigation in December 2015, was performed by EEI. The December 8, 2015 staff memo is attached with the detail of the analysis. From that investigation, it was determined that IL Route 47 at the intersection with Main Street is a five (5)-lane roadway, two (2) lanes each direction with a left-turn lane on the northbound approach and a bidirectional left-turn lane on the southbound approach. The width of the roadway is 63 feet. The Average Daily Traffic (ADT) along IL Route 47 at this intersection is 19,500 vehicles per day (taken from the traffic count map on IDOT’s website). Because of the traffic counts, minimal pedestrian traffic, and very few gaps in traffic long enough for pedestrians to cross at this location, EEI recommended that the signage and markings NOT be installed at this location. Because IDOT had already constructed the crosswalk into the pavement, the City installed other measures to enhance driver awareness, such as adding LED lights to the sign, and additional pavement markings to provide active warning of pedestrian presence. There have been several concerns from residents and council members, since the installation of the signage and pavement markings, regarding the safety of the crosswalk. Most recently, City Council members and staff received a complaint, via email accompanied with a video on March 24, 2019, showing an adult and child crossing the intersection with vehicles ignoring the state law to yield for pedestrians. The vehicles continued to travel by while the pedestrians were running across the street while staying within the crosswalk. It was shown that the pedestrians and motorists came close to a collision at least once as they were crossing IL Route 47. This was very concerning to watch. Because of the location of Town Square Park and the number of children and adults that cross in this area because of the perceived safety of the crosswalk with the pavement markings and signage there is doubt about the safety of this crosswalk. Currently, at this location, vehicles per day has increased from 19,500 ADT in 2015 to 22,400 ADT in 2019 (source: https://www.gettingaroundillinois.com/gai.htm?mt=aadt). Staff has pre-emptively discussed the removal of the crosswalk with IDOT. Preliminarily, they noted that, the crosswalk (different pavement type and color than the roadway) would need to be removed. Also, the pavement markings, signage, depressed curb and sidewalk leading up to the crossing would need to be removed. Additional work to be completed would encompass, a replacement of the depressed curb with a barrier curb and grass would need to be planted where the sidewalk leading Memorandum To: Public Works Committee From: Erin Willrett, Assistant City Administrator CC: Bart Olson, City Administrator Date: April 17, 2019 Subject: Illinois Route 47/Main Street Pedestrian Crosswalk up to the crossing was removed. A permit would be required from IDOT to move forward with the project. At that point, IDOT would formally investigate all requirements of removing the crosswalk based on the requirements of the Illinois Access Code and also review the agreement for cost participation and maintenance. Recommendation After further review of the crosswalk and verifying the increase in vehicles per day, as recorded by IDOT, it is recommended that a permit be applied for from IDOT to remove the crossing at IL Route 47 and Main Street. There are 11 pedestrian crossings across IL Route 47 within Yorkville city limits. Of the 11 crossings, only three (3) locations are located outside of a traffic signal: one (1) at Orange Street, one (1) at Hydraulic Street and one (1) at Main Street. At Orange Street, a set of school crossing signs have been installed that light up when a pedestrian push button is activated. A crossing guard is also present before and after school to aid the students in crossing IL Route 47. The crossings at Hydraulic Street and Main Street do not currently have lighted signs. A map showing the crossings along IL Route 47 is attached. As requested, we investigated the pedestrian crossing on IL Route 47 at Main Street due to safety concerns raised by the City. Our findings are below. Existing Conditions and Observations: On Friday, December 4th, 2015, EEI personnel completed field investigations of the existing conditions and traffic patterns along IL Route 47 at Main Street. IL Route 47 at the intersection with Main Street is a five (5)-lane roadway, two (2) lanes each direction with a left-turn lane on the northbound approach and a bidirectional left-turn lane on the southbound approach. The width of the roadway is 63 feet. The average daily traffic along IL Route 47 at this location is 19,500 vehicles per day (taken from the traffic count map on IDOT’s website). Signage/Markings On northbound IL Route 47, a pedestrian crossing ahead sign is provided approximately 250’ in advance of the crosswalk at Main Street, with a pedestrian crossing sign also located at the crosswalk. On southbound IL Route 47, a pedestrian crossing ahead sign is provided approximately 260’ in advance of the crosswalk, with a pedestrian crossing sign also located at the crosswalk. The crosswalk is delineated by two (2) 6” wide white transverse markings with red colored concrete in between. Main Street is controlled by stop signs at both approaches and IL Route 47 is uncontrolled. A view of the crossing facing northbound is on the following page. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI Collette Frohlich, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Director Lisa Pickering, Deputy City Clerk Date: December 8, 2015 Subject: Rt 47 and Main Street – Pedestrian Crossing Photo 1. Crosswalk on IL Route 47 at Main Street, Facing Northbound Traffic and Pedestrian Patterns Vehicular and pedestrian traffic was counted from 6:45am to 8:45 am and from 2:00 pm to 4:00 pm for the intersection of IL Route 47 and Main Street. During each of the time periods counted, a peak 30- minute period was identified. The table below shows the AM and PM ½ hour peak observed. Time Period December 2015 Opposing Traffic Pedestrians 7:56-8:25 AM 911 1 3:25-3:54 PM 985 3 All pedestrians that crossed IL Route 47 at Main Street crossed the first two (2) lanes of traffic, waited in the bi-directional left turn lane, and crossed the other two (2) lanes of traffic when there was a large enough gap for them to continue. It was generally observed that the majority of the pedestrian traffic crossed IL Route 47 at Somonauk Street. In addition to vehicular and pedestrian traffic counts, gaps in traffic greater than 21 seconds were also recorded as a gap long enough for a pedestrian to cross at this location. The 21 second interval was estimated using a crossing speed of 3.5 feet per second (taken from the MUTCD) and a pedestrian startup time of 3 seconds. There were five (5) gaps in the traffic on IL Route 47 that met that length in the AM period and five (5) gaps recorded in the PM period. According to the Institute of Transportation Engineers, longer crossing times are needed for school-aged children. They recommend using 2.0 feet per second for elementary school children, 2.5 feet per second for middle school children, and 3.0 feet per second for high school children. Based on those crossing speeds, only one (1) gap in the PM period was long enough for elementary and middle school students, and two (2) additional gaps in the AM period were long enough for high school students. There were no gaps in the AM period that were long enough for elementary or middle school students. Sight Distance One concern raised by the City was possible sight distance constraints of northbound motorists due to the steep grade of the approach. According to the AASHTO Green Book, the stopping sight distances on upgrades of 3% and 6% are 237 feet and 229 feet, respectively. Since the IL Route 47 improvement plans show a grade of 5.5% on the northbound approach, the stopping sight distance required would be slightly over 230 feet. When viewing the crossing from the pedestrian ahead crossing on the northbound approach, the pedestrian crossing sign is visible (see Photo 2 below). Since the pedestrian ahead sign is located approximately 250 feet from the crossing as stated earlier in this memo, it appears that the stopping sight distance requirement is fulfilled, although it may be more difficult for motorists to see smaller pedestrians at that distance. Photo 2. Northbound Approach of Pedestrian Crossing Street Lighting Another concern raised by the City was visibility of the pedestrians to passing motorists during nighttime conditions. There is currently an overhead light at the southeast corner of the intersection which provides some illumination. Similar lighting was also present before the recent IL Route 47 improvements. With the IL Route 47 lighting project, there will be four (4) additional light poles installed near the intersection in early 2016; two (2) on IL Route 47 and two (2) on Main Street. This will increase the visibility of the crosswalk and pedestrians and will meet the current standards. Analysis and Review of Conditions The section on crosswalks in the MUTCD is in the process of being updated. The updated portion will read as follows: “New marked crosswalks alone, without other measures (enhancements) designed to reduce traffic speeds, shorten crossing distances, enhance driver awareness of the crossing, and/or provide active warning of pedestrian presence, should not be installed across uncontrolled roadways where either: A. The roadway has four or more lanes of travel without a raised median or pedestrian refuge island and an ADT of 12,000 vehicles per day or greater; or B. The roadway has four or more lanes of travel with a raised median or pedestrian refuge island and an ADT of 15,000 vehicles per day or greater, or: C. The speed limit exceeds 35 mph (60 km/h).” Since there are five (5) lanes of travel, no raised median or pedestrian refuge island present, an ADT of 19,500 vehicles per day, minimal pedestrian traffic, and very few gaps in traffic long enough for pedestrians to cross at this location, we would recommend that a pedestrian crossing not be installed at this location. However, since the crossing has already been established, we have evaluated installing other measures to enhance driver awareness of the crossing and provide active warning of pedestrian presence. Signal Warrants First, we reviewed the traffic signal warrants based on pedestrian volume. According to the MUTCD, Signal Warrant 4, Pedestrian Volume, the minimum required number of pedestrians crossing the major street at an intersection during an average day is 107 or more for each of any four hours or 133 or more for any one hour period. For Signal Warrant 5, School Crossing, the minimum required number of pedestrians is 20 during the highest crossing hour. Since neither warrant is met based on pedestrian volume observed, the need for a traffic signal is not justified. Pedestrian Hybrid Beacons A pedestrian hybrid beacon is used to control traffic at an unsignalized location to assist pedestrians in crossing at a marked crosswalk. It can be used at locations where a traffic signal is not warranted or the decision was made to not install a traffic control signal. However, the guidelines for installation of a pedestrian hybrid beacon require a minimum pedestrian volume of 20 for one hour of an average day. The pedestrian volume observed does not fit this criterion, so installing a pedestrian hybrid beacon is not justified. Increasing Sign Conspicuity Since traffic signals and pedestrian hybrid beacons are not warranted, another option is increasing the sign conspicuity of the pedestrian crossing signs. Section 2A.15 of the MUTCD offers several suggestions to accomplish this. Some options that could be used include: adding a red or orange flag above signs, adding a warning beacon to the sign, adding LED lights to the sign, or adding a strip of retroreflective material to the sign support. Pavement Markings Pavement markings can also be used to supplement the conspicuity of a crosswalk, such as adding ladder markings within the transverse crosswalk lines. However, because of the grade of the northbound approach, motorists cannot see the crosswalk markings until they are fairly close. For that reason, this may not be an appropriate option. Conclusions and Recommendation If the City chooses to enhance driver awareness, based on our observations we would recommend signage enhancements to the pedestrian crossing. We recommend the Rectangular Rapid Flashing Beacon (RRFB) as it is more conspicuous to motorists. Photo 3 (below) shows an example of a RRFB assembly at a crosswalk. We recommend replacing the existing pedestrian crossing signs accompanying the “AHEAD” plaque to be replaced with LED blinker signs. We also recommend replacing the existing signage assemblies at the crosswalk (pedestrian crossing signs with diagonal downward arrow plaques) with RRFB assemblies with pedestrian push buttons (new assemblies to include the pedestrian crossing sign and diagonal downward arrow plaque). A signage enhancement exhibit is attached. Photo 3. Sample RRFB Installation in Phoenix, AZ Signage Costs The flashing blinker signs are approximately $1,800 per sign. The RRFB assemblies with pedestrian push button (including the pedestrian crossing sign and diagonal downward arrow plaque) cost approximately $5,000 per assembly. The total cost of the proposed signage enhancements is approximately $13,600. IDOT/FHWA Requirements Since the signage enhancements would be performed within state right-of-way, an IDOT highway permit will be required. The Highway Permit form (OPER 1045) will need to be filled out including a description of the proposed work, location map, detailed drawings, traffic studies, traffic control plan and other pertinent information. IDOT will review the permit request and determine if anything other information is required to be submitted, such as the Individual Highway Permit Bond (OPER 1046). The RRFB is not in the current version of the MUTCD but an Interim Approval (IA-11) Memorandum has been issued. In order to install the RRFB, the Federal Highway Administration requires a letter to request approval of installation. Future Considerations Further study may be prudent in warmer weather as pedestrian counts may be higher in the spring or summer months than what was observed at this time. In addition, more commercial development may warrant review of the safety of the crossing to ensure that no changes in traffic patterns or pedestrians affect the safety and mobility. 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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 #3 Tracking Number PW 2019-36 Invitation To Bid the Construction of the Public Works Materials Storage Shed Public Works Committee – June 18, 2019 N/A Majority Approval See Attached Memo Carri Parker, Purchasing Manager Administration Name Department Summary Staff requests permission to release an Invitation to Bid (ITB) the construction of the Public Works Materials Storage Shed. This is not a budgeted expenditure and would require a budget amendment of approximately $300,000. Background The materials storage shed was constructed in the 1980’s. The structure has been degrading and in April 2019 staff observed the deterioration of the support columns and the degradation of the tin walls from the salt. The entire building was leaning, resulting in the danger of the building falling over causing a public safety concern. The building was demolished on May 10, 2019. In 2015, the City had plans and specifications developed to begin the competitive bidding process to replace this building. The City had a State grant to assist in the cost of the building replacement and the remaining funds were going to be MFT. Due to the State no passing a budget in 2015, the grant funding was not received, and the project was put on hold. Staff has worked with EEI to update the plans and specifications to solicit bids through the Invitation to Bid (ITB) process. The only change to the plans were to add additional siding on the face of the building to protect the stored material from the weather. The main structural difference between the new material storage shed and the old one is that the material storage bins will be poured concrete instead of wood. Once the concrete has been sealed this will create a barrier between the concrete and salt to stop corrosion. In addition, the poured concrete will be much stronger and hold up to more use than wooden bins as previously used. The competitive bidding process will provide the City the lowest responsible bidder for the public works project. Once the bid opening is complete, staff will explore all budgeting tools and bring options to the committee for discussion and recommendation. The ITB is attached for review. Recommendation Staff requests the Committee to recommend to the City Council the letting of the Invitation To Bid (ITB) for the Construction of the Public Works Materials Storage Shed. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works Carri Parker, Purchasing Manager CC: Bart Olson, Administrator Date: June 18, 2019 Subject: Invitation to Bid (ITB) for the Construction of the Public Works Materials Storage Shed Attachments  Invitation To Bid (ITB) the Construction of the Public Works Materials Storage Shed INVITATION TO BID THE CONSTRUCTION OF THE PUBLIC WORKS MATERIALS STORAGE SHED Deadline: ________________________ ________________________ Page 1 TABLE OF CONTENTS Legal Notice ..........................................................................................................................3 Instructions To Bidders - General Conditions ......................................................................4 Special Conditions ................................................................................................................12 Insurance Requirements ........................................................................................................15 General Special Provisions ...................................................................................................18 Bid Sheet ...............................................................................................................................35 Detail Exception Sheet ..........................................................................................................38 Equipment List ......................................................................................................................39 Subcontractor Listing ............................................................................................................40 References .............................................................................................................................42 Contract .................................................................................................................................44 Exhibit A ...............................................................................................................................45 Exhibit B ...............................................................................................................................50 Exhibit C ...............................................................................................................................103 Exhibit D ...............................................................................................................................104 Page 2 UNITED CITY OF YORKVILLE, ILLINOIS LEGAL NOTICE INVITATION FOR BID The United City of Yorkville, Illinois will accept sealed bids for the Construction of the Public Works Material Storage Shed. Sealed bids will be received at the address listed below until ________________ local time. Bids will be publicly opened and read aloud at __________________________. Proposals not physically received by the date and time listed above will be returned, unopened to the firm. Emailed or faxed bids will not be accepted. All proposals should be addressed to: United City of Yorkville Re: (vendor name) Invitation to Bid ______________ Attention: Carri Parker, Purchasing Manager 800 Game Farm Road Yorkville, IL 60560 Proposal packets are available online at http://www.yorkville.il.us. The link can be found under the Business Tab-Bids & RFPs. Additional packets may be picked up at the United City of Yorkville City Hall, 800 Game Farm Road, Yorkville, IL 60560. Please contact the Purchasing Manager to schedule a time to pick up the packet. Bidders are advised of the following requirements of this contract: 1. Applicability of Illinois Prevailing Wage Act, 2. 10% bid security with the bid submittal, 3. performance bond on award of contract, and 4. labor and material payment bond on award of contract. Any questions regarding this Legal Notice or actual bid specifications shall be directed to Carri Parker, Purchasing Manager in writing at cparker@yorkville.il.us not less than ten (10) business days prior to the scheduled bid opening date. The bidder shall at all times observe and conform to all laws, ordinances, and regulations of the Federal, State, and City which may in any manner affect the preparation of bids or the performance of the contract. Carri Parker Purchasing Manager Page 3 UNITED CITY OF YORKVILLE, ILLINOIS INSTRUCTIONS TO BIDDERS - GENERAL CONDITIONS These Instructions to Bidders and General Conditions apply to all bids requested and accepted by the City and become a part of the contract unless otherwise specified. Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting bids. The City assumes that submission of a bid means that the Bidder has familiarized himself with all conditions and intends to comply with them unless noted otherwise. 1. Forms – All bids must be submitted on the forms provided, complete with all blank spaces filled in and properly signed in ink in the proper spaces and submitted in a sealed envelope. All bid forms may be obtained from the United City of Yorkville City Hall, 800 Game Farm Road, Yorkville, IL 60560. Please contact the Purchasing Manager to schedule a time to pick up the packet. When completed deliver to the United City of Yorkville City Hall, Attn. Carri Parker, Purchasing Manager, 800 Game Farm Road, Yorkville, IL 60560 prior to the bid opening date and time. Bids must be identified as such on the outside of the sealed envelope by marking the envelope “SEALED BID” and with the following information: Company’s name, address, item bid, date and time of opening. Bidders may attach separate sheets for the purpose of explanation, exception, or alternative proposal and to cover required unit prices. 2. Submittal of Bid – Bids must be submitted to the attention of the Carri Parker, Purchasing Manager at the above address no later than _______ AM on _________, ________ __, 2019. Bids arriving after the specified time will not be accepted. Mailed bids which are delivered after the specified hour will not be accepted regardless of postmarked time on the envelope. Bidders should carefully consider all bid delivery options and select a method that will successfully deliver their bid by the required time and date. 3. Examination of Bid Forms, Specifications, and Site – The bidder shall carefully examine the bid forms which may include the invitation to bid, instruction to bidders, general conditions, special conditions, plans, specifications, bid form, bond, contract, and any addenda to them, and sites of the proposed work (when known) before submitting the bid. The bidder shall verify all measurements relative to the work, shall be responsible for the correctness of same. The bidder will examine the site and the premises and satisfy themselves as to the existing conditions under which the bidder will be obligated to operate. Failure of the bidder to notify the City, in writing, of any condition(s) or measurement(s) making it impossible to carry out the work as shown and specified, will be construed as meaning no such conditions exist and no additional moneys will be added to the contract. The successful bidder must notify all utility companies that are a part of J.U.L.I.E. of the responsibility of each utility company to locate its utilities. The submission of the bid shall be considered conclusive evidence that the bidder has investigated and is satisfied as to all conditions to be encountered in performing the work, and is fully informed as to character, quality, quantities, and costs of work to be performed and materials to be furnished, and as to the requirements of the bid forms. If the bid is accepted, the bidder will be responsible for all errors in his proposal resulting from his failure or neglect to comply with these instructions, and the City shall not be responsible for Page 4 any charge for extra work or change in anticipated profits resulting from such failure or neglect. 4. Scope of Work – The bidder shall supply al required supervision, skilled labor, transpiration, new materials, apparatus, and tools necessary for the entire and proper completion of the work. The bidder shall supply, maintain and remove all equipment for the performance of the work and be responsible for the safe, proper and lawful construction, maintenance and use of the same. This work shall be completed to the satisfaction of the City. The bidder shall provide adequate protection of the job site to protect the general public and adjacent property. The City is not responsible for site safety. The bidder is solely and exclusively responsible for construction means, methods, technologies and site safety. 5. Interpretation of Bid Documents – Questions regarding bid documents, discrepancies, omissions, or intent of the specifications or plans shall be submitted in writing to the Purchasing manager at cparker@yorkville.il.us at least ten (10) working days prior to opening of bids to provide time for issuing and forwarding an addendum. Any interpretations of the Contract Documents will be made only by addendum duly issued or delivered by the City to each person receiving a set of bid documents. The City will not be responsible for any other explanations for interpretations of the Contract Documents. Letters, requested interpretations, clarifications, and/or explanations shall be so noted on the outside of the envelope and on the first page of the letter with the words, INTERPRETATION REQUEST. Letters not properly marked will not be considered as a formal request. Any letter received within ten working days of the bid date will be returned unopened. 6. Bid Guarantee – Unless specifically waived, each bid shall be accompanied by a bid security in an amount of ten percent (10%) or such other percentage as stated in the supplementary conditions of the full amount of the bid in the form of a certified or bank cashier’s check or bid bond. In a reasonable time after the bid opening, bid deposits of all except the three lowest responsible bidders will be released. The remaining deposits will be released after the successful bidder has entered into the contract and furnished the required insurance and bonds. The bid deposit shall become the property of the City if the successful bidder within fourteen (14) days from awarding the contract refuses or is unable to comply with the contract requirements, not as a penalty, but as liquidated damages. 7. Receiving Bids – Bids received prior to the time of opening will be securely kept, unopened. The Purchasing manager, whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered. No responsibility will be attached to the Purchasing manager or the City for the premature or nonopening of a bid not properly addressed and identified, except as otherwise provided by law. 8. Late and Fax Bids – Bids arriving after the specified time, whether sent by mail, courier, or in person, will not be accepted and will be refused and returned unopened. It is the bidder’s responsibility for timely delivery regardless of the methods used. Mailed bids which are delivered after the specified hour will not be accepted regardless of postmarked Page 5 time on the envelope. Facsimile machine transmitted bids will not be accepted, nor will the City transmit bid documents to prospective bidders by way of a facsimile machine. 9. Completeness – All information required by the Invitation to Bid must be supplied to constitute a responsive bid. The Bidder’s submittal shall include the completed Bid Sheet found in the contract documents. The City will strictly hold the bidder to the terms of the bid. The bid must be executed by a person having the legal right and authority to bind the bidder. 10. Error in Bids – When an error is made in extending total prices, the unit bid price and/or written words shall govern. Otherwise, the bidder is not relieved from errors in bid preparation. Erasures in bids must be explained over signature of bidder. 11. Withdrawal of Bids – A written request for the withdrawal of a bid or any part thereof may be granted if the request is received by the Purchasing manager prior to the specified time of opening. After the opening, the bidder cannot withdraw or cancel his bid for a period of forty-five (45) calendar days, or such longer time as stated in the bid documents. 12. Bidder Interested in More than One Bid – Unless otherwise specified, if more than one bid is offered by any one party, by or in the name of his or their agent, partner, or other persons, all such bids may be rejected. A party who has quoted prices on work, materials, or supplies to other bidders is not thereby disqualified from quoting prices to other bidders or from submitting a bid directly for the work, materials, or supplies. 13. Bidder’s Qualifications – No award will be made to any bidder who cannot satisfy to the City that they have sufficient ability and experience in this class of work, as well as sufficient capital and equipment to do the job and complete the work successfully within the time named (i.e. responsible). The City’s decision or judgment on these matters shall be final and binding. The City may make such investigations as it deems necessary. The bidder shall furnish to the City all information and data the City may request for the purpose of investigation. 14. Bid Award for All or Part – Unless otherwise specified, bids shall be submitted for all of the work or items for which bids are requested. The City reserves the right to make award on all items, or any of the items, according to the best interests of the City. 15. Samples – Samples or drawings requested shall be delivered and removed at no cost to the City. The City shall not be responsible for damage to samples. Samples shall be removed by the bidder within thirty (30) days after notification. Samples must be submitted prior to the time set for the opening of bids. 16. Equipment or Materials – Each bidder shall submit catalogs, descriptive literature, and detailed drawings necessary to fully describe those features or the material or work not covered in the specifications. The parts and materials bids must be of current date (latest model) and meet specifications. This provision excludes surplus, remanufactured, and used products except as an alternate bid. The brand name and/or manufacturer of each item proposed must be clearly stated in the bid. Guarantee and/or warranty information must be included with this bid. Page 6 17. Toxic Substance – Prior to delivery of any material which is caustic, corrosive, flammable or dangerous to handle, the supplier shall provide written directions as to methods of handling such products, as well as the antidote or neutralizing material required for its first aid (Material Safety Data Sheet). 18. Delivery – Where applicable all materials shipped to the City must be shipped F.O.B. delivered, designated location, Yorkville, Illinois. If delivery is made by truck, arrangements must be made in advance by the bidder, with concurrence by the City, for receipt of the materials. The materials must be delivered where directed. Truck deliveries will be accepted at the Public Works Facility between 7:00 AM and 3:30 PM and at all other City locations 8:00 AM and 4:00 PM, weekdays only. 19. Estimated Bid Quantities – On “Estimated Quantities”, the City may purchase more or less than the estimates. The Contractor shall not be required to deliver more than ten (10) percent in excess of the estimated quantity of each item, unless otherwise agreed upon. 20. Trade Names – Alternative Bid – When an item is identified in the specifications by a manufacturer’s or trade name or catalog number, the bidder shall bid upon the item so identified. If the specifications state “or equal” bids on other items will be considered, provided the bidder clearly identifies in his proposal the item to be furnished, together with any descriptive matter which will indicate the character of the item. Bidders desiring to bid on items which deviate from these specifications, but which they believe are equivalent, are requested to submit alternate bids. However, ALTERNATE BIDS MUST BE CLEARLY INDICATED AS SUCH AND DEVIATIONS FROM THE APPLICABLE SPECIFICATIONS PLAINLY NOTED. The bid must be accompanied by complete specifications for the items offered. Bidders wishing to submit a secondary bid must submit it as an alternate bid. The City shall be the sole and final judge unequivocally as to whether any substitute from the specifications is of equivalent or better quality. 21. Price – Unit prices shall be shown for each unit on which there is a bid as well as the aggregate price and shall include all packing, crating, freight and shipping charges, and cost of unloading at the destination unless otherwise stated in the bid. Unit prices shall not include any local, state, or federal taxes. The City is exempt, by law, from paying State and City Retailer’s Occupation Tax, State Service Occupation and Use Tax and Federal Excise Tax. The City will supply the successful bidder with its tax exemption number. Cash discounts will not be considered in determining overall price but may be used in an overall evaluation. Page 7 22. Consideration of Bid – No bid will be accepted from or contract awarded to any person, firm or corporation that is in arrears or is in default to the City upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the City or had failed to perform faithfully any previous contract with the City. The bidder, if requested, shall present within 48 hours evidence satisfactory to the City of performance ability and possession of necessary facilities, pecuniary recourses and adequate insurance to comply with the terms of these specifications and contract documents. 23. Award or Rejection – The City reserves the right to reject and/or award any and all bids or parts thereof and to waive formalities and technicalities according to the best interests of the City. Any bid submitted will be binding for forty-five (45) days subsequent to the date of the bid opening. A contract will be awarded to the lowest responsible bidder complying with the conditions of the contract documents only when it is in the best interest of the City to accept the bid. The City shall be the sole judge of compliance with the specifications and reserves the right to accept or reject any and/or all bids or parts thereof. 24. Execution of Contract – The successful bidder shall, within fourteen (14) days after notification of the award: (a) enter into a contract in writing with the City covering all matters and things as are set forth in the specifications and his bid and (b) carry insurance acceptable to the City, covering public liability, property damage, and workmen’s compensation. After the acceptance and award of the bid and upon receipt of a written purchase order executed by the proper officials of the City, this Instruction to Bidders, including the specifications, will constitute part of the legal contract between the United City of Yorkville and the successful bidder. 25. Performance and Labor and Material Payment Bonds – Unless specifically waived or amended in the Special Conditions, the successful bidder shall furnish at the time of execution of the contract a performance bond for the full amount of the contract acceptable in form and surety to the City to guarantee the completion of any work to be performed by the contractor under the contract Unless specifically waived or amended in the Special Conditions, the successful bidder shall furnish at the time of execution of the contract a bond for the full amount of the contract acceptable in form and surety to the City conditioned upon the faithful performance and completion of the contract, payment of material used in such work, and for all labor performed in such work including by subcontractors. In the event that the bidder fails to furnish the bonds within 14 days after notification of the award, then the bid guarantee shall be retained by the City as liquidated damages and not as a penalty. It is agreed that the sum is a fair estimate of the amount of damages that the City will sustain due to the bidder's failure to furnish the bonds. Page 8 26. Compliance with All Laws – All work under the contract must be executed in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations which may in any manner affect the preparation of the bid or performance of the contract. 27. Prevailing Wage – Not less than the prevailing rate of wages as established by the City shall be paid by the Contractor and each subcontractor to its laborers, workers, and mechanics constructing public works under this contract as determined by the Illinois Department of Labor pursuant to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.). It shall be the responsibility of the Contractor to monitor the prevailing wage rates for any increase in rates during the contract and adjust wage rates accordingly. The current prevailing wage rates are available on the Illinois Department of Labor web site at www.state.il.us/agency/idol. The Contractor and its subcontractors shall comply with Section 5 of the Act that requires the Contractor and its subcontractors to submit to the City monthly certified payroll records along with a statement affirming that such records are true and accurate, that the wages paid to each worker are not less than the required prevailing rate and that the Contractor or subcontractor is aware that filing records it knows to be false is a Class B misdemeanor. Each month's certified payroll(s) must be filed with the City before the end of the next month or prior to payment by the City for work that includes that payroll. 28. Compliance with the Substance Abuse Prevention on Public Works Projects Act – The Contractor and its Subcontractors shall comply with the Substance Abuse Prevention on Public Works projects Act (820 ILCS 265/1 et seq.) and prior to commencing work on a “public works” project (as defined in the Prevailing Wage Act) file with the City its program to comply with the Act or file that portion of its collective bargaining agreement that deals with the matters covered by the Act. 29. Equal Employment Opportunity – During the performance of the contract and/or supplying of materials, equipment, and suppliers, bidder must be in full compliance with all provisions of the Acts of the General Assembly of the State of Illinois relating to employment, including equal opportunity requirements. 30. Contract Alterations – No amendment of a contract shall be valid unless made in writing and signed by the City Manager or his authorized agent. 31. Notices – All notices required by the contract shall be given in writing. 32. Nonassignability – The Contractor shall not assign the contract, or any part thereof, to any other person, firm, or corporation without the previous written consent of the City Manager. Such assignment shall not relieve the Contractor from his obligations or change the terms of the contract. 33. Default – The City may terminate a contract by written notice of default to the Contractor if: • fails to make delivery of the materials or perform the services within the time specified in the proposal, or • fails to make progress so as to endanger performance of the contract, or Page 9 • fails to provide or maintain in full force and effect, the liability and indemnification coverages or performance bond as required. If the City terminates the contract, the City may procure supplies or services similar to those so terminated, and the Contractor shall be liable to the City for any excess costs for similar supplies and services, unless the Contractor provides acceptable evidence that failure to perform the contract was due to causes beyond the control and without the fault or negligence of the Contractor. 34. Inspection – The City shall have a right to inspect, by its authorized representative, any material, components, or workmanship as herein specified. Materials, components, or workmanship that has been rejected by the authorized representative as not in accordance with the terms of the specifications shall be replaced by the Contractor at no cost to the City. 35. Supplementary Conditions – Wherever special conditions are written into the specifications or supplementary conditions which are in conflict with conditions stated in these Instructions to Bidder, the conditions stated in the specifications or supplementary conditions shall take precedence. 36. Permits and Licenses – The successful bidder and their subcontractor(s) shall obtain, at their own expense, all permits and licenses which may be required to complete the contract. Fees for all City permits, and licenses shall be waived. 37. Bidder's Certification – - In compliance with the Illinois State Law that requires each bidder to file a certification regarding bid rigging and bid rotating and that it is not delinquent in its taxes, the bidder shall file with its bid the attached Bid Proposal Certification. 38. Change Orders – After the contract award, changes in or additions to the work and/or a change in the amount of money to be paid to the bidder must be the result of an approved change order first ordered by the Director of the lead department and approved by the City Administrator and/ or City Board. 39. Time of Completion – The successful bidder shall completely perform its bid in strict accordance with its terms and conditions within the number of consecutive calendar days after notification of award of the contract as stated in the bid proposal. 40. Payment – Payment will be made within thirty (30) days after acceptance of the job by the City after the completion of the work as covered within the contract documents. 41. Guarantees and Warranties – All guarantees and warranties required shall be furnished by the successful bidder and shall be delivered to the City before final payment on the contract is issued. 42. Waiver of Lien – where applicable a waiver of lien and contractor’s affidavit must be submitted by the successful bidder, verifying that all subcontractors and material invoices have been paid prior to the City approving final payment. Page 10 43. Bid Schedule – Selection Process Steps Estimated Date(s) Public Works Committee Approval to Release Bid City Council Approval to Release Bid Release of Invitation to Bid (ITB) Pre-Bid Meeting (Optional) Final Date for Contractors to Submit Questions Proposals Due Public Works Committee Contract Approval City Council Contract Approval Page 11 UNITED CITY OF YORKVILLE, ILLINOIS SPECIAL CONDITIONS 1. Bidders Qualifications. If requested, the interested Bidder must provide a detailed statement regarding the business and technical organization of the Bidder that is available for the work that is contemplated. Information pertaining to financial resources, experiences of personnel, previously completed projects, plant facilities, and other data may also be required to satisfy the City that the Bidder is equipped and prepared to fulfill the Contract should the Contract be awarded to him. The competency and responsibility of Bidders and of their proposed subcontractors will be considered in making awards. If requested by the City, the Bidder shall include a complete list of all equipment and manpower available to perform the work intended on the Plans and Specifications. The list of equipment and manpower must prove to the City that the Bidder is well qualified and able to perform the work, and it shall be taken into consideration in awarding the Contract. The list shall be included with the sealed bid package. The City may make such investigations as it deems necessary, and the Bidder shall furnish to the City under oath, if so required, all such information and data for this purpose as the City may request. A responsible Bidder is one who meets all of the following requirements: • Have adequate financial resources or the ability to secure such resources. • Have the necessary experience, organization, and technical qualifications, and has or can acquire, the necessary equipment to perform the proposed Contract. • Is able to comply with the required performance schedule or completion date, taking into account all existing commitments. • Has a satisfactory record of performance, integrity, judgment, and skills. • Is qualified and eligible to receive an award under all applicable laws and regulations. If the Bidder possesses a current Illinois Department of Transportation “Certificate of Eligibility” with an amount for the work specified at least equal to the minimum amount of qualification indicated on the Legal Notice, he may choose to provide the City a copy of the certificate in lieu of providing the above-mentioned Bidders Qualification requirements. 2. Basis of Payment. The Contractor shall submit with each payment request the Contractor’s Partial Waiver of Lien for the full amount of the requested payment. Beginning with the second payment request, and with each succeeding payment request, the Contractor shall submit partial waivers of lien for each subcontractor and supplier showing that the amount paid to date to each is at least equivalent to the total value of that subcontractor’s work, less retainage, included on the previous payment request. The Contractor’s request for final payment shall include the Contractor’s Final Waiver of Lien which shall be for the full amount of his Contract, including any change orders thereto, and Final Waivers of Lien from all subcontractors and suppliers for which Final Waivers of Lien have not previously been submitted. 3. Project Acceptance Procedures. All final pay item quantities shall be agreed upon between the City and the Contractor, and a final invoice shall be submitted by the Contractor, complete with all required waivers of lien and surety. Approval of the final pay estimate by Page 12 the Director of Public Works shall constitute acceptance of the project by the United City of Yorkville, and written notice of such action shall be given to the Contractor. The date of approval of the final pay estimate shall be the Date of Acceptance and shall also be the date of the Start of Guarantee. Prior to the required Date(s) of Substantial Completion, a partial project acceptance may be granted in accordance with the foregoing procedure for entire project acceptance, with the exception that the pay estimate for the quantities of items included in the partial project acceptance shall not be the final pay estimate for the entire project. In the case of the City’s acceptance of any portion of the work as may be required because of the inclusion of a Date of Substantial Completion requirement, or for other reasons as may be agreed to by the United City of Yorkville, such partial acceptance action shall not constitute acceptance of any other portion of the project not noted in the written notice of partial acceptance which shall be provided to the Contractor by the Director of Public Works. 4. General Guarantee. Neither the final certificate of payment nor any provision in the Contractor Documents, nor partial or entire occupancy of the premises by the City, shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of final acceptance of the work unless a longer period is specified. The United City of Yorkville will give notice of observed defects with reasonable promptness. The Contractor shall guarantee all materials and workmanship as defined by the Performance Bond, Labor and Material Payment Bond, and Maintenance Bond requirements. Unless otherwise amended in writing by the Director of Public Works, the date of the Start of any Guarantees, Warranties and Maintenance Bonds shall be coincident with the Date of Acceptance of the entire project. 5. Maintenance Bond. The Maintenance Bond shall be in a penal sum of twenty percent (20%) of the final Contract amount for a period of one (1) year after the date of acceptance of the entire project. The Contractor may elect to reduce the Performance Bond, and the Labor and Material Bond to twenty percent (20%) of the final Contract amount in lieu of a separate Maintenance Bond. Such bond shall guarantee the work against defective workmanship and materials for a period of not less than one (1) year following acceptance of work. 6. Termination of Contract. The United City of Yorkville reserves the right to terminate the whole or any part of this Contract, upon written notice to the Contractor, in the event that sufficient funds to complete the Contract are not appropriated by the Board of Trustees of the United City of Yorkville. The United City of Yorkville further reserves the right to terminate the whole or any part of this Contract, upon written notice to the Contractor, in the event of default by the Contractor. Default is defined as failure of the Contractor to perform any of the provisions of this Contract, or failure to make sufficient progress so as to endanger performance of this Contract in accordance with its terms. In the event of default and termination, the United Page 13 City of Yorkville may procure, upon such terms and in such manner as the United City of Yorkville may deem appropriate, supplies or services similar to those so terminated. The Contractor shall be liable for any excess costs for such similar supplies or service unless acceptable evidence is submitted to the United City of Yorkville that failure to perform the Contract was due to causes beyond the control and without the fault or negligence of the Contractor. 7. Notification of Work. The Contractor shall notify the City’s Director of Public Works 48 hours prior to commencement of work and 24 hours prior to each inspection at 630.878.7102. 8. Cleaning. During construction, the Contractor and his subcontractors shall remove from the premises, rubbish, waste material, and accumulations, and shall keep the premises clean. The Contractor shall keep the premises clean during construction to the satisfaction of the Director of Public Works. 9. Restoration. The calculation of quantities and limits of Restoration which will be allowed for payment will be in accordance with the “Standard Specifications.” Restoration, fill sand, stone, etc., required outside of the limits as indicated in the Contract Documents will be considered incidental to the Contract. The Contractor shall at all times maintain all equipment and materials within the limits of restoration as specified. 10. Removal and Replacement. All removal and replacement items will be marked and measured for payment prior to removal by the Contractor. Any removal beyond these lines will be replaced to the satisfaction of the Director Public Works with no additional compensation. 11. Business/Resident Notification. The Contractor shall not close any street or private driveway without the consent of the Director of Public Works, and the proper notification of the affected business/resident. 12. Use of Fire Hydrants. No fire hydrants shall be used to obtain water for non-emergency use. Contact the City’s Director of Public Works at 630.878.7102 for access. Page 14 UNITED CITY OF YORKVILLE, ILLINOIS INSURANCE REQUIREMENTS Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. I. Minimum Scope Of Insurance Coverage shall be at least as broad as: A. Insurance Services Office Commercial General Liability Occurrence Form CG 0001 with the City named as additional insured; on a form at least as broad as the endorsement in paragraph 10 including ISO Additional Insured Endorsement CG 2026, CG 2010. B. Owners and Contractors Protective Liability (OCP) policy is required with the City as insured (for contracts with subcontractors and projects that are inherently dangerous). C. Insurance Service Office Business Auto Liability Coverage Form Number CA 0001, Symbol 01 "Any Auto." D. Workers' Compensation as required by the Worker's Compensation Act of the State of Illinois and Employers' Liability insurance. E. Builder Risk Property Coverage with City as loss payee. II. Minimum Limits Of Insurance Contractor shall maintain limits no less than if required under above scope: A. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. The general aggregate shall be twice the required occurrence limit. Minimum General Aggregate shall be no less than $2,000,000 or a project/contract specific aggregate of $1,000,000. B. Owners and Contractors Protective Liability (OCP): $1,000,000 combined single limit per occurrence for bodily injury and property damage. C. Businesses Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. D. Workers' Compensation and Employers' Liability: Workers' Compensation coverage with statutory limits and Employers' Liability limits of $1,000,000 per accident. E. Builder's Risk shall insure against "All Risk" of physical damage, including water damage (flood and hydrostatic pressure not excluded), on a completed value, replacement cost basis. (Protection against loss of materials during construction, renovation, or repair of a structure.) F. Umbrella Excess Insurance: $3,000,000. “Following form” of the underlying and excess policies including listing the City as an additional insured. III. Deductibles And Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, agents, employees, and volunteers; or the Contractor Page 15 shall procure a bond guaranteeing payment of losses and related investigation, claim administration, and defense expenses. IV. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: A. General Liability and Automobile Liability Coverages 1. The City, its officials, agents, employees, volunteers and Engineering Enterprises, Inc. are to be covered as additional insureds as respects: liability arising out of the Contractor's work, including activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, agents, employees, volunteers and Engineering Enterprises, Inc. 2. The Contractor's insurance coverage shall be primary as respects the City, its officials, agents, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officials, agents, employees, and volunteers shall be excess of Contractor's insurance and shall not contribute with it. 3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, agents, employees, and volunteers. 4. The Contractor's insurance shall contain a Severability of Interests/Cross Liability clause or language stating that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not "follow form," then the Contractor shall be required to name the City, its officials, agents, employees, and volunteers as additional insureds. 6. All general liability coverages shall be provided on an occurrence policy form. Claims-made general liability policies will not be accepted. B. All Coverages Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage, or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. V. Acceptability Of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A-, VII, and licensed to do business in the State of Illinois. VI. Verification Of Coverage Contractor shall furnish the City with certificates of insurance naming the City, its officials, agents, employees, volunteers and Engineering Enterprises, Inc. as additional insureds, and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved Page 16 by the City before any work commences. Other additional insured endorsements may be utilized, if they provide a scope of coverage at least as broad as the coverage stated in paragraph 10, such as ISO Additional Insured Endorsements CG 2026 or CG 2010. The City reserves the right to request full certified copies of the insurance policies and endorsements. VII. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. VIII. Assumption Of Liability The contractor assumes liability for all injury to or death of any person or persons including employees of the contractor, any subcontractor, any supplier, or any other person and assumes liability for all damage to property sustained by any person or persons occasioned by or in any way arising out of any work performed pursuant to this agreement. IX. Indemnity/Hold Harmless Provision To the fullest extent permitted by law, the Contractor hereby agrees to defend, indemnify, and hold harmless the City, its officials, agents, and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, cost, and expenses, which may in anywise accrue against the City, its officials, agents, and employees, arising in whole or in part or in consequence of the performance of this work by the Contractor, its employees, or subcontractors, or which may anywise result therefore, except that arising out of the sole legal cause of the City, its agents, or employees, the Contractor shall, at its own expense, appear, defend, and pay all charges of attorneys and all costs and other expenses arising therefore or incurred in connections therewith, and, if any judgment shall be rendered against the City, its officials, agents, and employees, in any such action, the Contractor shall, at its own expense, satisfy and discharge the same. Contractor expressly understands and agrees that any performance bond or insurance policies required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep, and save harmless and defend the City, its officials, agents, and employees as herein provided. X. Additional Insured Endorsement The "WHO IS AN INSURED" section of the policy/coverage document shall be amended to include as an insured, the City, but only with respect to liability arising out of your work. For purpose of this endorsement, "arising out of your work" shall mean: (1) Liability the Additional Insured may incur resulting from the actions of a contractor it hires, (2) Liability the Additional Insured may incur for negligence in the supervision of the Named Insured Contractors work, (3) Liability the Additional Insured may incur for failure to maintain safe worksite conditions, and (4) Liability the Additional Insured may incur due to joint negligence of the Named Insured Contractor and the Additional Insured. Page 17 GENERAL SPECIAL PROVISIONS XI. Location of improvements The Public Works Materials Storage Shed will be located at 610 Tower Lane, United City of Yorkville, Kendall County, Illinois. The project limits are defined in the plans. XII. Description of improvements This project consists of completing improvements in accordance with the United City of Yorkville Public Works Storage Facility Plans and all applicable specifications. These improvements include but are not limited to pavement and concrete slab removal, installation of new concrete pavement, concrete footings, concrete walls, construction of a 30’x80’, 5-bay wood-frame and metal-sided material storage building and other ancillary work necessary to complete this contract. XIII. Subcontractor approval Prior to awarding the contract to the lowest qualified bidder, the selected general contractor must submit a list of all subcontractors and material suppliers for approval by the City. The City reserves the right to reject any subcontractor or material supplier for any reason. This same requirement applies to any subcontractor or material supplier being substituted for another after construction has started. XIV. Construction observation Prior to the installation of any material, construction observation and any required testing shall be coordinated with Engineering Enterprises, Inc. (EEI). The Engineer will require a minimum of 48 hours notice prior to the scheduling of any such work items and a minimum of 24 hours notice prior to the cancellation of any proposed work items that have been scheduled for observation. The contact for EEI shall be provided at the pre-construction conference. XV. Control of work and prosecution and progress It is the intent of the United City of Yorkville that the project be constructed in an orderly and timely manner. The Contractor shall take special note of the provisions of Article 105.05, Article 108.01 and Article 108.02 of the Standard Specifications, which shall be adhered to. The work on this project shall be completed by November 1, 2019. No extensions will be permitted in accordance with Article 108.08(b) of the “Standard Specifications for Road and Bridge Construction”, adopted April 1, 2016. Should the Contractor fail to complete the work by November 1, 2019, he/she will be held liable to the United City of Yorkville pursuant to amounts specified in the Supplemental Specification for Section 108 “Prosecution and Progress.” XVI. Pre-bid site visit All bidders are encouraged to visit the site prior to preparation of bid. Submission of the bid is Page 18 acknowledgement that the Bidder is aware of and accepting of existing conditions prior to the installation of the improvements. XVII. Pre-construction conference Following the award of the Contract, the Contractor will be required to attend a Preconstruction Conference prior to beginning work. At that time, the Contractor will be required to furnish as a minimum, but not limited to: Written progress schedule, Names of Project Manager and Field Superintendent, names of Sub Contractors and material suppliers, name of person responsible for traffic control installation and maintenance, and name of the contact person and emergency phone numbers of the Contractor’s representative for contact after construction hours. A Preconstruction Conference Notice will be sent to the Contractor to notify him/her of the complete listing of items to be furnished at the meeting, as well as the time and location of the meeting and the required personnel. XVIII. Construction debris The following shall be added to the third paragraph of Article 202.03 of the Standard Specifications: “The Contractor shall not conduct any generation, transportation, or recycling of construction or demolition debris, clean or general or uncontaminated soil generated during construction, remodeling, repair, and demolition of utilities structures, and roads that is not commingled with any waste, without the maintenance of documentation identifying the hauler, generator, place of origin of the debris or soil, the weight or volume of the debris or soil, and the location, owner, and operator of the facility where the debris or soil was transferred, disposed, recycled, or treated. This documentation must be maintained by the Contractor for 3 years.” XIX. Construction restrictions All engines and engine driven equipment used in relation to this project shall be equipped with an adequate muffler in constant operation and properly maintained to prevent excessive noise. Construction shall not be permitted between the hours of 8:00 p.m. to 7:00 a.m. during standard weekdays (excluding holidays). These hours shall be amended to 5:00 p.m. to 7:00 a.m. on Saturdays and no work on Sundays or Holidays. Any requested variations to these hours shall be approved by the City in writing, in advance of any operations outside of the hours detailed above. XX. Uncontaminated soil disposal Any excavated material that meets the requirements of disposal at a CCDD facility and not needed for backfill or embankment shall be removed and disposed of off the site at a location or locations provided by the Contractor. The cost of removal, transportation and disposal of the excavated material (“uncontaminated soil”) is considered incidental to the pay item requiring excavation. A signed LPC-663 form with supporting documentation is attached. Any additional testing or documentation beyond what is provided with the LPC-663 and preliminary analysis that is Page 19 necessary to dispose of the material shall be the Contractor’s responsibility. The LPC-663 was completed in 2015 and attached to the form is a cover letter stating that there have been no changes to the site since the original LPC-663 form was completed. Fox Ridge Stone in Oswego, IL has indicated that they will accept the material based on this documentation. If the Contractor chooses to dispose of the material at a permitted CCDD facility, the Contractor shall coordinate with said facility or facilities prior to bidding to determine if the information provided with the LPC-663 is adequate. The Engineer should be informed immediately of any deficiencies. XXI. Location of existing utilities Existing public and private utilities are shown on the plans according to information obtained from utility companies, municipalities, and surveys. The Contractor shall familiarize himself/herself with the location of all utilities and structures that may be found in the vicinity of the construction and assume responsibility for all utilities whether shown or not and must realize that the actual locations and/or elevations of the utilities may be different than indicated. It is understood and agreed that the Contractor has considered in his/her bid all of the permanent and temporary utility appurtenances in their present or relocated positions and that no additional compensation will be allowed for any delays, inconvenience or damage. It is also suggested that the Contractor call the concerned utility companies for further information. Contractor shall bring to the attention of the Engineer any potential conflicts after receiving all necessary JULIE information. In areas where JULIE locates reveal potential conflicts, the Contractor shall field verify the depth of these utility crossings. In any such area, the Engineer will verify if potential adjustments to the proposed utility installations will be required. All overhead utilities and associated poles shall be temporarily supported when working nearby. Should any damages occur due to the Contractor’s negligence, repairs shall be made by the Contractor at his/her expense in a manner acceptable to the Engineer. XXII. Protection of existing drainage facilities During construction, if the contractor encounters or otherwise becomes aware of any sewer, underdrains or field drains within the right-of-way other than those shown on the plans; he shall so inform the Engineer. The Engineer shall direct the work necessary to maintain or to replace the facilities in service and to protect them from damage during construction if to be maintained. Existing facilities to be maintained that are damaged because of non-compliance with this provision shall be replaced at the Contractor’s own expense. XXIII. Cooperation between contractors Other contracts and/or contractors may simultaneously be in process and working within or adjacent to the subject project improvement site limits and the Contractor shall take special note of the applicable provisions of Section 105 and of particular, Article 105.08 of the Standard Specifications which shall be adhered to. Page 20 XXIV. Incidental work All work shown on the Plans, described in the applicable specifications or in these Special Provisions and not covered by a pay item, will be considered as included in the cost of the Contract. XXV. Notification to utilities The Contractor shall notify all utility companies including the local electrical, telephone, gas and the United City of Yorkville, a minimum of 72 hours prior to beginning any construction. The Contractor shall then have the responsibility to determine from the public utility companies the locations of underground pipes, conduits or cables adjoining or crossing the construction area. XXVI. Keeping roads open to traffic All roads shall remain open during construction. All work associated with this shall be included in the cost of the Contract. XXVII. Maintenance of roadways, drives and parking areas The Contractor shall be responsible for repair of any damage to existing roadways, drives and parking areas within the project limits. There will be no additional payment for any repairs necessary due to the Contractor’s operations. XXVIII. Working environment It is the sole responsibility of the Contractor, not the Owner or Owner’s representative, to ensure a safe working environment and to comply with all applicable OSHA, or other, safety requirements. XXIX. Mobilization This contract contains no provisions for mobilization. Therefore, article 671 of the Standard Specifications is deleted. XXX. Construction staking and marking Construction staking and marking, establishing the location, alignment, elevation and grade of the work, shall conform to article 105.09 of the Standard Specifications. Requests for control information must be made 72 hours prior to the date needed. Construction staking will be discussed at the preconstruction meeting prior to commencement of work, at which meeting the proper contact information will be provided. The costs for construction staking are the responsibility of the Contractor. This will not be paid for separately but shall be considered incidental to the cost of the project. This special provision shall take precedence over any other references to construction layout in the plans or specifications. Page 21 XXXI. Submittals Shop drawings, cut sheets and or mix designs shall be submitted for the following items: • Concrete Mix Design • Quality Control Plan • Pre-Engineered Post Frame Building System XXXII. Retention Ten percent (10%) retention will be held on the project until all construction items have been satisfactorily completed. Retention will be reduced to 0% once all punch list items are completed (as determined by the City Engineer). XXXIII. Pay item special provisions A. Concrete Slab and Pavement Removal This work shall consist of saw cutting, removing and off-site disposal of the existing concrete slab or hot-mix asphalt pavement as required for the construction of the proposed material storage shed. This work shall also consist of excavation of any material measured down to a depth of 10 inches below the proposed concrete slab finished grade, per the grades indicated on the drawings. The excavated material is to be disposed of off-site. Once subgrade is achieved the subgrade shall be proof rolled prior to aggregate base course installation. This work will be paid for at the contract unit price per square yard for CONCRETE SLAB REMOVAL or PAVEMENT REMOVAL which price shall include the excavation and disposal of material. B. Aggregate Base Course, 4” This work shall consist of furnishing and placing new aggregate base course prior to concrete slab construction operations in the areas designated on the plans and in accordance with Sections 202 and 311 of the Standard Specifications. All aggregate base course placed shall be mechanically compacted in maximum one-foot lifts. This work will be paid for at the contract unit price per square yard for AGGREGATE BASE COURSE, 4” which price shall include the excavation and disposal of any unsuitable material. C. Cast-In-Place Concrete This work shall consist of excavation, furnishing and placing concrete, backfilling and compacting fill material above and adjacent to the footing and concrete walls as shown on the plans and in accordance with the applicable parts of Divisions 400 and 500 of the Standard Specifications, American Concrete Institute (ACI) 318 and ACI 301, latest editions, the Page 22 “Foundation Plan Sections & Notes” detail in the plans, and with these Special Provisions. The notes and details in the plans shall supersede any Standards and Provisions referenced herein. A delivery ticket shall be required for each load of concrete delivered to the site and must be presented at the time of the concrete pour. The information recorded on each delivery ticket shall be in accordance with Sections 109 and 1020 of the Standard Specifications. All concrete shall be mixed with Sika Fibermesh 650 synthetic fibers or an approved equal conforming to ASTM C1116 Type III and ACI 318. All exposed areas of concrete shall be treated with W.R. Meadows Pentreat 244-40 Water Repellent Sealer or approved equal. The Contractor shall comply with the requirements of the IDOT Recurring Special Provisions for Check Sheet #24 Special Provision for Quality Control of Concrete Mixtures at the Plant and Check Sheet #25 Special for Quality Control/Quality Assurance of Concrete Mixtures. The excavation, concrete, associated reinforcement, including reinforcement bars and synthetic fibers, sealer and backfill shall not be measured separately but shall be included in the Lump Sum price. This work will be paid for at the contract unit price per Lump Sum for CAST-IN-PLACE CONCRETE which price shall include excavation, furnishing, placing, and reinforcing the concrete and backfilling and compacting the fill material as shown in the plans and on Contractor shop drawings to be submitted to the architect for review prior to fabrication. Any excavated material used on site will not be paid for separately. D. Pre-Engineered Post Frame Building Systems General The metal building systems included in this section were designed around Wick Buildings. If another manufacturer is submitted other than Wick Buildings, Contractor to prepare and submit to the Engineer for approval as part of his bid, a detailed list of all exceptions to the following specifications and engineering plans of the building proposed to be furnished and installed. Such changes, if approved, shall be accomplished at no additional cost to the Owner and time extensions associated with the changes will not be approved by the Engineer. The Contractor will reimburse the Owner and Engineer for review or redesign services associated with re-approval. The Contractor shall assume the cost of, and responsibility for, satisfactorily accomplishing the necessary changes corresponding to the dimensions and characteristics of the building submitted by the Contractor and approved by the Engineer. 1. This Section Includes the following: A. Factory fabricated Pre-Engineered wall column. B. Factory fabricated Pre-Engineered roof rafters. C. Factory fabricated Pre-Engineered siding panels and metal roofing. D. Factory fabricated Pre-Engineered building system accessories including, but not limited to, doors and windows. Page 23 E. Prefinished metal trim items. F. Prefinished ridge vents and soffits. G. Prefinished gutter and downspouts. 2. Reference Standards: A. Preservative Treated Lumber i. American Wood Preservers Association (AWPA) ii. Treated item shall comply with AWPA standard C15 minimum. iii. Treated items shall bear the quality mark with appropriate specification information, along with and stamped by the participating mill or agency involved. B. Framing Lumber i. Lumber grading rules and wood species a. National Design Specifications for Wood Construction, current edition. b. Northeastern Lumber Manufacturer’s Association, Inc. (NELMA). c. Southern Pine Inspection Bureau (SPIB): Southern Pine. d. West Coast Lumber Inspection Bureau (WCLIB): Douglas Fir. e. Western Wood Products Association (WWPA): Douglas Fir and Ponderosa Pine. C. Wood LVL Rafters i. Contractor must submit manufacturer’s descriptive literature indicating material composition, thickness, dimensions, loading and fabrication details. ii. LVL rafters shall be qualified to ASTM D5456 by APA -The Engineered Wood Association. iii. LVL rafters shall be pressure bonded, lap-jointed wood veneers, with grain of veneers running parallel in the long direction. iv. LVL rafters shall be designed by the contractor or manufacturer in accordance with the applicable building codes. All rafter designs must be accompanied by complete and accurate shop drawings and contain the following information: a. Slope or depth, span and spacing of the rafter. b. Heel bearing height. c. Design loading. d. Adjustments to lumber and fastener design values for conditions of use. e. Fastener type, thickness of gauge, and size. f. Lumber size, species and grade for each member. 3. System Description: A. Clear span frame – coordinate with drawings. B. Primary framing – wood roof rafters and columns. C. Secondary framing – purlins, girts, bracing and other items as required. D. Wall and roof systems – preformed metal panels. 4. Design Requirements: A. Coordinate building loads. Refer to design load tables on plans. B. Building Code: IBC, International Building Code C. Including unbalanced roof loads required by the most current version of ASCE-7 5. Submittals: Page 24 A. Supply four (4) sets of the following bearing a Professional Engineering Seal registered in the State of Illinois: i. Complete detailed shop and erection drawings indicating size and location of each building component and part. Certify that specified roof and wind load requirements are met. ii. Rafter engineering calculations and design calculation should include the following: a. Bending moments and axial forces for each member. b. Basic plate design values. c. Design analysis for each joint indicating that proper plates have been used. d. Successful bidder shall provide written proof of a third-party inspection program in force for the rafter manufacturer used on project. iii. Standard color chart supplied by Manufacturer for the owner/engineer to choose from. iv. Brochures/details/samples of specialty accessory products used or specified on this project. 6. Quality Assurance: A. Building package by a Pre-engineered building Manufacturer with 50 years of doing business. B. Building Manufacturer must own manufacturing facilities. C. Exterior fastened steel panel shall be roll-formed in Manufacturer’s manufacturing facility. D. Columns shall be factory fabricated by Manufacturer, in their manufacturing facility. They shall not be manufactured or assembled on-site. E. Rafters shall be factory fabricated by Manufacturer, not the contractor. F. Building package shall be supplied by a pre-engineered building Manufacturer, with fully staffed engineering department. All structural components shall be supplied by a source with one warranty. G. All building packages shall be delivered by the Manufacturer’s trucks and personnel. H. Package (shell) erection shall be supervised by Manufacturer’s representative builder or Manufacturer employed field superintendent. 7. Qualifications: A. Structural components shall be designed under direct supervision of a Professional Engineer employed by the Manufacturer. B. An adequate number of skilled work people shall be employed who are thoroughly trained and experienced in the necessary skills. They will be completely familiar with the specified requirements and methods for proper performance of work. 8. Regulatory Requirements: A. All applicable building codes and/or ordinances covering this work shall be the responsibility of the contractor. B. Work together with regulatory agencies or authorities to provide data as requested. C. Panels shall not be stored such that they are in contact with any other material that could create staining or discoloration. 9. Environmental Requirements: Page 25 A. Material packaging for minimum natural resource waste on project. B. Building delivery package materials must be reused in the building system, i.e., metal panel cribbing 2x’s used as part of secondary framing systems (nonstructural.) 10. Delivery, Storage and Handling: A. Prefabricated components, i.e., rafters, columns, steel sheathing and other items, shall be delivered and stored so they will not be damaged or deformed. B. Roofing and siding panels will be stored so water will drain freely. C. Panels shall not be stored such that they are in contact with any other material that could create staining or discoloration. 11. Warranty: Contractor to warrant to the original owner, commencing on the date of its substantial completion and subject to limitations, exclusions and conditions set forth herein, as follows: FOR FIFTY (50) YEARS Free of Charge, Contractor will replace or repair, at its option, treated structural posts that fail because of insect damage or because of decay that occurs under normal conditions and proper use. FOR FORTY (40) YEARS Free of Charge, Contractor will replace or refinish, at its option, painted steel roofing or siding panels if the paint peels, cracks, checks, flakes, or blisters to an extent that is apparent by ordinary outdoor visual observation when exposed to normal weather and atmospheric conditions. Damage or loss resulting from exposure to atmospheric pollutants, including but not limited to animal waste or other corrosive conditions, is excluded under this warranty. FOR THIRTY (30) YEARS Free of Charge, Contractor will replace or refinish, at its option, painted steel roofing or siding panels should the color change or chalk more than the specifications shown in the following table: Vertical Installation Non-Vertical Installation Chalk (ASTM D-4214) 8 6 Color Change (ASTM D-2244) 5 7 FOR TWENTY (20) YEARS Free of Charge, Contractor will replace or repair, at its option, acrylic coated Galvalume® steel roofing or siding panels should they rupture, perforate, or fail structurally when exposed to normal weather and atmospheric conditions. Damage or loss resulting from exposure to atmospheric pollutants, including but not limited to animal waste or other corrosive conditions, is excluded under this warranty. FOR SEVEN (7) YEARS Free of Charge, Contractor will repair leaks in steel roofing panels that result from defects in material or workmanship except those leaks occurring where the building is connected to an adjacent structure. Page 26 FOR FIVE (5) YEARS Free of Charge, Contractor will replace or repair, at its option, those portions of the structural framework, including roofing and siding panels, damaged by wind or snow loads that do not exceed design specifications. Free of Charge, Contractor will replace or repair, at its option, sliding doors damaged by wind or snow so long as the door is in a locked-open or locked-closed position when the damage occurs. Free of Charge, Contractor will replace or repair, at its option, painted steel or acrylic coated steel roofing or siding panels perforated by hail. FOR ONE (1) YEAR Free of Charge, Contractor will repair any other defects in materials or workmanship. Products 12. Building System Manufacturers: A. Wick Buildings, 800-356-9682 WickBuildings.com i. Mazomanie, Wisconsin B. Other Systems – Pre-approved Acceptable: i. Approved equals meeting specification requirement sections 2,6,9,11,13 and 14. ii. Must be approved 7 days prior to submission of the bid. a. Lester b. Morton 13. Materials – Framing: A. Sill Plate i. 2”x8” #1 or better Southern Yellow Pine (SYP). ii. This member shall be pressure treated with a wood preservative to a net retention as specified by the American Wood Preservers Association (AWPA) for ground contact conditions. Treatment shall be Osmose MicroPro copper Azol (MCA) with 15 pounds of preservative per cubic foot of wood. Member shall be Kiln dried to a maximum of 19% moisture content. The preservative shall penetrate 100% of the sapwood. B. Columns i. Full Length Laminated Column Factory fabricated from minimum 3 ply 2”x6” 2400 MSR Southern Yellow Pine (SYP). Columns shall be full-length (unspliced) nail laminated plys up through 20’ with middle ply to have short truss support block. Columns over 20’ length shall be spliced (a minimum of 3’ length) with reinforced metal truss plates pressed in place over splice on the outside laminate. Refer to Section B, Reference Standards / 3. Wood rafters / letter c. referencing LVL construction. a. Columns shall be pressure treated. This is in accordance with the “American Wood Preserves Association“(AWPA) standards latest edition, with a wood preservative to a net retention of .60 pounds per cubic foot of CCA Type – C formulation. Page 27 C. Wood Rafters i. Rafters shall be constructed of surfaced lumber, smooth and free of all cracks and checks. ii. Plates: Connector plates shall be fabricated from ASTM A 653 SS, 20-gauge Grade 40, or 18-gauge, Grade 80, steel sheets galvanized with G-60 coating. iii. Design and fabricate rafters and connections to withstand designated snow and wind loads and all dead loads. iv. Fabricate rafters in plant, using mechanical or hydraulic fixtures as required to bring members into contact. Install plates in accordance with Manufacturer’s instruction. D. Baseboards i. 2”x8” #1 or better Southern Yellow Pine (SYP). ii. This member shall be pressure treated with a wood preservative to a net retention as specified by the American Wood Preservers Association (AWPA) for ground contact conditions. Treatment shall be Osmose MicroPro copper Azol (MCA) with 15 pounds of preservative per cubic foot of wood. Member shall be Kiln dried to a maximum of 19% moisture content. The preservative shall penetrate 100% of the sapwood. iii. This treated member shall be attached to columns with a minimum of 3 hot dipped galvanized nails (ASTM A153). E. Wall Girts i. 2”x6” 1650 MSR Spruce Pine Fir (SPF) as required by design at appropriate spacings. F. Purlins and Truss Ties i. 2”x4” 1650 MSR or better Spruce Pine Fir (SPF) as required by design dependent upon roof loading specification. G. Wind Bracing i. Provide “T’d” 2”x6”/2”x4” 1650 MSR or better Spruce Pine Fir (SPF) from endwall column to first rafter back. ii. Provide 2”x4” 1650 MSR diagonal in roofline bracing as required by design. H. Framing Around Openings i. Provide 2”x6”/2”x4” 1650 MSR or better Spruce Pine Fir (SPF) around personnel doors and windows. ii. Provide 2”x6”/2”x4” 1650 MSR or better Spruce Pine Fir (SPF) around overhead door openings. I. Headers i. Provide built-up Machine Stress Rated (MSR) or better wood headers per building manufacturer as required to meet proper loading. J. Incidental framing i. Provide 1650 MSR or better 2”x4” Spruce Pine Fir (SPF). K. Bent Anchor Bolts: ASTM F 1554, Grade 36. i. Nuts: ASTM A 563 heavy hex carbon steel. ii. Washers: ASTM F 436 hardened carbon steel. iii. Finish: Hot-dip zinc coating, ASTM A 153/A 153M, Class C. L. Column Anchor. i. The building manufacturer will provide the bolt and bracket design for anchoring their building to the columns. The building manufacturer will supply stamped engineering to support their calculation for bolts and brackets. Page 28 14. Materials – Prefinished Materials: A. Roofing Panel Options i. Exposed Fastened Steel Panels a. All roofing panels shall be 29-gauge (.015 minimum thickness) steel with a G- 90 galvanized zinc coating. Panels shall be a minimum structural strength ASTM A446 grade E, 82,000 PSI tensile strength. All panels shall include a zinc phosphate pre-treatment, and then covered with a total of 1.5 mil thick paint system. Paint system shall consist of a corrosion-resistant prime coat and an architectural finish coat of Ceram-A-Star 1050. b. All metal roof shall be fastened with minimum of 1” color-matched EPDM washered #9 screw fasteners placed in the flat of the steel next to all major ribs along every row of girts and purlins. All fasteners shall be color-matched to wall and roof panels and trim. B. Sidewall Siding i. Exposed Fastened Steel Panels a. All siding panels shall be 29-gauge (.015 minimum thickness) steel with a G- 90 galvanized zinc coating. Panels shall be a minimum structural strength ASTM A446 grade E, 82,000 PSI tensile strength. All panels shall include a zinc phosphate pre-treatment, and then covered with a total of 1.5 mil thick paint system. Paint system shall consist of a corrosion-resistant prime coat and an architectural finish coat of Ceram-A-Star1050. b. All metal sidewall panels shall be fastened with minimum of 1” color-matched EPDM washered #9 screw fasteners placed in the flat of the steel next to all major ribs along every row of girts and purlins. All fasteners shall be color- matched to wall and roof panels and trim. C. Metal Trim Items i. Trim: Roofing and siding panels shall be trimmed using painted trim with the same paint product specifications as the roofing and siding panels. Standard trim to be placed at all corners, ridge line, rake (intersection of roof and endwall), eave (intersection of roof and sidewall) and base (bottom of sidewall and endwall steel.) All standard trims, overhang fascias, track covers, slide door jambs and trims to be available in building panel covers. Overhead door trims and slide door jamb trims shall be one piece up to 16’. All other trims shall be a minimum of 12’ in length to eliminate splices. ii. Fasteners: All framing lumber shall be fastened with 10d, 16d and 60d ring shank nails. All machine bolts used shall be a minimum grade 1, A307. All metal roof and sidewall panels shall be fastened with minimum of 1” color-matched EPDM washered #9 screw fasteners placed in the flat of the steel next to all major ribs along every row of girts and purlins. All fasteners shall be color-matched to wall and roof panels and trim. D. Gutter and Downspouts i. If shown and specified on drawings, provide 5” style “K” gutter. Material shall be the same specification as trim. ii. Silicone sealant shall be used at laps to maintain leak prevention and to relieve stress due to thermal movement. iii. Provide 3”x4” downspouts with appropriate elbows and connector bands. Page 29 iv. Gutter shall be attached with screw fasteners and internal brackets of a maximum of 3’ on center. Exposed nail heads are unacceptable. 15. Materials – Other: A. Closure Strips i. Closed cell foam premolded to match configuration of panels. B. Sealant i. Silicone sealant shall be used. Execution 16. Examination: A. Verify that site conditions meet Manufacturer’s requirements and design requirements for this region. i. Verify that mechanical and electrical utilities are in correct position. 17. Erection – Framing – General: A. Erect framing in accordance with Manufacturer’s established construction procedures. B. Make all components and building plumb, square, straight and true to lines. C. Provide adequate temporary bracing to assure structure remains plumb and square. D. Altering of structural members will not be permitted. 18. Erection Framing: A. Columns i. Position column over fastener on top of the concrete wall in accordance with the building manufactured recommendations. B. Baseboards i. Install 2”x8” treated plank, at grade, using Manufacturer recommended fasteners. C. Wall Girts i. Install 2”x6” girts at centers called for on plan. ii. Install 2”x6” overhang nailer, if required, at the top. D. Rafters i. Set rafters in place in the center member of the column using lifting methods as approved by the Manufacturer and use hangers as accessories as recommended by the manufacturer. ii. Brace rafters as recommended by Manufacturer. E. Purlins i. Install 2”x4” purlins at 24” on center and attach to rafters in accordance with rafter manufacturer recommendations. F. Truss Ties i. Install 2”x4” truss ties at location recommended by Manufacturer. ii. Truss ties shall run from endwall to endwall. G. Incidental Framing i. Install 2”x4” or 2”x6” blocking as required according to building Manufacturers recommendations. 19. Erection – Prefinished Metals, General: Page 30 A. In accordance with Manufacturer’s established construction procedures, install prefinished metal parts. B. All components made to be plumb, square, straight and true to lines. C. Care shall be taken when cutting prefinished materials to ensure cuttings do not remain on finished surface. D. Fasteners shall be properly installed. Do not under- or overdrive. E. Components shall be properly installed to assure freedom from rattles. 20. Erection – Prefinished Metals: A. Roofing Panels. i. Panels shall be installed perpendicular to supports aligned straight with end fascias. ii. Panels shall be fastened to purlins with 1” EPDM washered #9 screw fasteners. B. Siding Panels i. Panels shall be installed perpendicular to supports aligned level and plumb. Attach to wall girts and purlins with 1” EPDM washered #9 screw fasteners. C. Trim Items i. Trim items shall be installed at the base, at any wainscot transition, corners, top of steel siding, fascias, gables and ridge using appropriate 1” screw fasteners. D. Ridges i. Use screw fasteners to install applicable vent option. ii. Insure that the minimum Manufacturer’s clear throat opening is maintained. E. Gutters and Downspouts i. Gutters shall be installed with concealed gutter brackets, with screw fasteners 36” on center. ii. Silicone sealant and silicone rubber gaskets shall be used at laps to maintain leak prevention and to relieve stress due to thermal movement. F. Strips i. Closed cell foam filler strips shall be provided at the top and bottom of the roofing panels. 21. Tolerances/Quality Assurance: A. Framing Members. i. Shall follow and adhere to the NFBA document “Accepted Practices for Post- frame Construction Framing Tolerances.” B. Siding and Roofing i. Shall be installed in their “True Position.” This work will be measured and paid for at the contract price for Lump Sum for PRE- ENGINEERED POST FRAME BUILDING SYSTEMS. No additional compensation will be provided for additional materials required, labor, or warranties listed herein. E. Bollard This work shall consist of installation of bollards at the locations shown on the plans complete in place. Page 31 This work will be paid for at the contract unit price per each for BOLLARD which price shall include but is not limited to all excavation, concrete base, cement filled steel post, paint, disposal of excess material and all material, equipment and labor necessary to complete this work. F. Restoration The Contractor shall restore all areas disturbed during construction of the improvements or as part of any of his or her activities to a condition equal to or better than the original condition. This work shall include the stripping, stockpiling, and replacement of topsoil as specified on the plans. Topsoil shall be defined as friable clay loam surface soil found in a depth of not less than six inches. Satisfactory topsoil is free of subsoil, clay lumps, stones and other objects, and without weeds, roots and other objectionable material. Topsoil stripping and stockpiling shall be completed as follows: 1. Strip topsoil to whatever depths encountered in a manner to prevent intermingling with underlying subsoil or other objectionable material. a. Remove heavy growths of grass from areas before stripping. b. Where existing trees are indicated to remain, leave existing topsoil in place within drip lines to prevent damage to root system. 2. Stockpile topsoil in temporary construction easement as directed by Engineer. Construct storage piles to provide free drainage of surface water. Cover storage piles, if required, to prevent wind erosion. 3. Topsoil stockpiles are to remain separated from excavated material stockpiles throughout construction. Topsoil replacement shall be completed as follows: 1. Preparation of subsoil a. Prepare sub-soil to eliminate uneven areas and low spots. Maintain lines, levels, profiles and contours. Make changes in grade gradual. Blend slopes into level areas. b. Remove foreign materials, weeds and undesirable plants and their roots. Remove contaminated sub-soil. 2. Placing topsoil a. Spread topsoil to the depth that existed prior to disturbance. Chisel plow to a depth of 18 inches and rake topsoil until smooth. b. Place topsoil during dry weather and on dry unfrozen sub-grade. c. Remove vegetable matter and foreign non-organic material from topsoil while spreading. d. Grade topsoil to eliminate rough, low or soft areas, and to ensure positive drainage. All ditches, parkways, and other grassed areas disturbed during construction shall be restored to their original shape, contour and condition. Seeding, including finish grade preparation of seedbed, fertilizer and planting shall be as set forth in Section 250 of the Standard Specifications. All disturbed areas must be covered with mulch hydraulically per method 3 as described in Section 251 of the Standard Specifications. The seeding mixture used shall be Class 1A (lawn mixture salt tolerant). Topsoil (six-inch (6”) minimum thickness) shall be provided. Page 32 The Contractor shall be responsible for maintaining all restored areas until such a time as the City accepts these areas. This acceptance will be granted after the Contractor has both fulfilled the minimum required maintenance items and has established a stand of grass (where required) which meets the acceptance standards set forth in these Special Provisions. Acceptance of seeded areas will be determined by inspection by the City and Engineer. In order for an area to be accepted, it shall conform the following: 1. Grass shall display a reasonably uniform distribution of grass plants 2. Grass shall display vigorous growth and be green and healthy in appearance. Areas having bare spots larger than one (1) square foot will not be accepted. In this situation, the bare spots must be re-seeded in accordance with seeding and maintenance specifications. The Contractor shall have a representative on the job at all time when work is being performed. Additional areas damaged by machinery, construction equipment, Contractor negligence or over- excavation beyond the limits shown on the plans shall be repaired in accordance with this Special Provision, at the Contractor’s expense. Unless otherwise listed for payment separately, all work under the general heading RESTORATION will be paid for at the contract unit price per square yard for which price shall be payment in full for restoring the areas disturbed. G. Water Required for Restoration Water necessary for the restoration of the disturbed areas will be provided by the City free of charge. Water can be obtained at 610 Tower Lane. H. Erosion Control Erosion control measures shall be required as stated on the Plans or as deemed necessary by the Engineer and shall be in compliance with the most recent revisions to the Illinois Urban Manual. It should be noted that inlet protection is required at all open grate inlets tributary to disturbed areas and shall be periodically monitored for silt build up and should be emptied once the baskets are over half full. All areas disturbed during construction shall be seeded as soon as possible after final grading. The Contractor will be responsible for cleaning the pavement, drainage structures, swales, storm sewers and culverts prior to final acceptance and at such times during construction as necessary to maintain drainage and protect adjacent property. All costs related to erosion control not paid for separately shall be incidental to the contract. I. Non-Special, Non-Hazardous Soil Waste Disposal – Type 1 Any excess excavated material that does not meet the requirements for disposal at a CCDD facility and not needed for backfill or embankment shall be removed and disposed of at a permitted receiving facility (i.e. landfill) provided by the Contractor or other approved location. The cost of removal, transportation and disposal of the non-special, non-hazardous soil will be Page 33 paid for at the contract unit price per ton for NONSPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL – TYPE 1. Documentation from the permitted receiving facility indicating date, time, weight, driver, truck number, etc. shall be provided to the Engineer as requirement for payment for this work item. Based on the information provided in the LPC-663, it is not anticipated that any contaminated material will be encountered; however, if any material is rejected from the CCDD facility it shall be brought back to the site or other location as determined by the Engineer. At that time, the Engineer will determine the level of testing required for necessary disposal of NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL – TYPE 1. All testing shall be paid for by the United City of Yorkville. Any cost to the contractor for additional hauling, dumping, airing out soil, reloading, etc. shall be considered in the unit price per ton for NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL – TYPE 1. J. Allowance When additional work not indicated in the contract drawing is requested in writing by the Engineer during construction, this additional work shall be measured and paid for as described in Articles 104.02 and 109.04 of the Standard Specifications. Payment for all additional work shall be made from the ALLOWANCE - ITEMS ORDERED BY THE ENGINEER pay item which shall be measured in units. A unit shall be valued at one dollar. Page 34 BID SHEET Note: The Contractor must complete all portions of this Bid Sheet The undersigned, having examined the specifications, and all conditions affecting the specified project, offer to furnish all services, labor, and incidentals specified for the price below. The undersigned Bidder certifies that they are not barred from bidding on this contract as a result of a conviction for the violation of state laws prohibiting bid rigging or bid rotating (720 ILCS 5/33E-1, et seq.) and is not delinquent in any taxes to the Illinois Department of Revenue (65 ILCS 5/11-42.2-1). It is understood that the City reserves the right to reject any and all bids and to waive any irregularities and that the prices contained herein will remain valid for a period of not less than forty-five (45) days. I (We) propose to complete the following project as more fully described in the specifications for the following: Bidding Company Name: ________________________________________________________ _____ Our firm has not altered any of the written texts within this document. Only those areas requiring input by the respondent have been changed or completed. If it is the Contractor’s intention to utilize a subcontractor(s) to fulfill the requirements of the Contract, the City must be advised of the subcontractor’s company name, address, telephone and fax numbers, and a contact person’s name at the time of bid submittal. YES NO Will you be utilizing a subcontractor? ____ ____ If yes, have you included all required Information with your bid submittal? ____ ____ OR NO BID – Keep our company on your Contractors List ______________________________ Signature ______________________________ Date NO BID – Remove our company from Your Contractors List ______________________________ Signature ______________________________ Date Page 35 BID SHEET CONTINUED ITEM NO. ITEM DESCRIPTION UNIT QUANTITY PRICING UNIT PRICE TOTAL 1 CONCRETE SLAB REMOVAL SY 267 $ $ 2 PAVEMENT REMOVAL SY 36 $ $ 3 PERIMETER EROSION BARRIER LF 125 $ $ 4 INLET PROTECTOR EACH 1 $ $ 5 AGGREGATE BASE COURSE, 4” SY 303 $ $ 6 CAST-IN-PLACE CONCRETE LS 1 $ $ 7 PRE-ENGINEERED POST FRAME BUILDING SYSTEM LS 1 $ $ 8 BOLLARD EACH 6 $ $ 9 RESTORATION SY 100 $ $ 10 NON-SPECIAL, NON- HAZARDOUS SOIL WASTE DISPOSAL – TYPE 1 TON 25 $ $ 11 ALLOWANCE UNIT 10,000 $1.00 $10,000 TOTAL BID $ (Printed Name of Contractor) Signature of Authorized Representative Date Page 36 BID SHEET CONTINUED The undersigned contractor; A. Certifies that it is not barred from bidding or contracting with the City as a result of a violation of either Paragraph 33E-3 (Bid rigging) or 33E-4 (Bid rotating) of Act 5, Chapter 720 of the Illinois Complied Statutes regarding criminal interference with public contracting, and B. Swears under oath that it is not delinquent in the payment of any tax administered by the Illinois Department of Revenue as required by Chapter 65, Act 5, paragraph 11-42.1 of the Illinois Complied Statutes, and C. States that is has a written sexual harassment policy as required by the Illinois Human Rights Act (775 ILCS 5/2-105(A) (4) a copy of which shall be provided to the City upon request, and D. Agrees to comply with the requirements of the Illinois Human Rights Act regarding Equal Employment Opportunities as required by Section 2-105 of the Illinois Human Rights Act (775 ILCS 5/2-105) and agrees to comply with the EQUAL EMPLOYMENT OPPORTUNITY CLAUSE in Appendix A, Section 750, Part 750, Chapter X, Subtitle B of Title 44 of the Illinois Administrative Code incorporated herein by reference, and D. Agrees to comply with the civil rights standards set forth in Title VII of the Civil Rights Act as mandated in Executive Order No. 11246, U.S.C.A. Section 2000e n.114 (September 24, 1965), and E. Agrees to comply with the Substance Abuse Prevention on Public Works Projects Act (820 ILCS 265/1 et seq.) if this Project is a “public work” within the meaning of the Illinois Prevailing Wage Act (820 ILCS 130/.01 et seq.) and prohibit substance abuse while performing such work and has a substance abuse prevention program, and F. Agrees to provide a drug free workplace pursuant to the Drug Free Workplace Act (30 ILCS 580/1 et seq.) (25 or more employees under a contract of more than $5,000 or for individuals only when greater than $5,000), and G. Agrees to comply with the Employment of Illinois Workers on Public Works Act (30 ILCS 570/0.01 et seq.) and employ Illinois laborers if at the time of this contract is executed or if during the term of this contract there is excessive unemployment in Illinois as defined in the Act. Contractor’s Firm Name Date Signed Name and Title Print Name and Title Street Address City State Zip Phone Number Fax Number Email Address Page 37 DETAIL EXCEPTION SHEET Any exception must be clearly noted on this sheet. Failure to do so may be reason for rejection of the bid. It is not our intention to prohibit any potential bidder from bidding by virtue of the specifications, but to describe the material(s) and service(s) actually required. The City reserves the right to accept or reject any or all exceptions. Bidder’s exceptions are: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _________________________________________________________________________________ Page 38 EQUIPMENT LIST Name Make Model Year Use If additional sheets are needed, please make copies. Page 39 SUBCONTRACTOR LISTING Provide the name, contact information, and value of work for each and every subcontractor which will be employed on this project. Subcontractor No. 1 Business Name Address City, State, Zip Code Telephone Number Value of Work Subcontracted Nature of Work Subcontracted Subcontractor No. 2 Business Name Address City, State, Zip Code Telephone Number Value of Work Subcontracted Nature of Work Subcontracted Page 40 Subcontractor No. 3 Business Name Address City, State, Zip Code Telephone Number Value of Work Subcontracted Nature of Work Subcontracted If additional sheets are needed, please make copies. Page 41 REFERENCES General Information, the list below current business references for whom you have performed work similar to that required by this proposal. Reference No. 1 Business Name Address City, State, Zip Code Contact Person Telephone Number Dates of Service Reference No. 2 Business Name Address City, State, Zip Code Contact Person Telephone Number Dates of Service Page 42 Reference No. 3 Business Name Address City, State, Zip Code Contact Person Telephone Number Dates of Service If additional sheets are needed, please make copies. Page 43 UNITED CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE, ILLINOIS 60560 CONTRACT THIS CONTRACT made this _____ day of ______________, 2019, by and between the United City of Yorkville, an Illinois municipal corporation hereinafter called the “Owner” and _________________________________________ located at _________________________ hereinafter called the “Contractor”. WITNESSETH: WHEREAS, the Owner has heretofore solicited Bid Proposals for all labor and materials necessary to complete the work specified in the Invitation To Bid the Construction of the Public Works Materials Storage Shed; WHEREAS, the Owner has found that the Contractor is the lowest responsible bidder for said work and has awarded the Contractor this contract for said work. NOW, THEREFORE, for and in consideration of their mutual promises and agreements, the parties hereto do hereby agree as follows: 1. The Contractor agrees to furnish all materials, supplies, tools, equipment, labor and other services necessary to commence and complete the Snow Removal Services proposal in accordance with the conditions and prices stated in the Invitation to Bid, Instructions to Contractors – General Conditions, Special Conditions, Insurance Requirements, Specifications and Plans, Bid Proposal, and Detail Exception Sheet all of which are made a part hereof and herein called the “Contract Documents”. 2. The Owner will pay the Contractor in the amounts, manner and at times as set forth in the Contract Documents. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Contract as of the day and year first above written: OWNER: UNITED CITY OF YORKVILLE By: _________________________________ Mayor Attest: CONTRACTOR: ___________________________ City Clerk By: __________________________________ Signature Attest: __________________________________ Print Name and Title ________________________________ Witness Page 44 EXHIBIT APage 45Page 45 Page 46Page 46 Page 47Page 47 Page 48Page 48 Page 49Page 49 Page 50Page 50 6" CONC. SLAB ON GRADE W/SYNTHETIC FIBER REINFORCING OVER VAPOR BARRIER & 4" MIN. COMPACTED GRANULAR FILLPage 51Page 51 EXHIBIT B Page 52Page 52 Page 53Page 53 FIGURE PROJECT NUMBER T115274 1 DATE 6/11/2015 SITE LOCATION YORKVILLE PUBLIC WORKS STORAGE FACILITY TOWER LANE YORKVILLE, ILLINOIS 60560 CLIENT 1240 IROQUOIS AVE, SUITE 206 NAPERVILLE, ILLINOIS 60563 APPROXIMATE SITE LOCATION 1993 YORKVILLE, ILLINOIS — TOPOGRAPHIC MAP ADAPTED FROM MYTOPO NOT TO SCALE ENGINEERING ENTERPRISES, INC. 52 WHEELER ROAD SUGAR GROVE, ILLINOIS 60554 Page 54Page 54 FIGURE PROJECT NUMBER T115274 2 DATE 6/11/2015 SITE LOCATION YORKVILLE PUBLIC WORKS STORAGE FACILITY TOWER LANE YORKVILLE, ILLINOIS 60560 CLIENT ENGINEERING ENTERPRISES, INC. 52 WHEELER ROAD SUGAR GROVE, ILLINOIS 60554 1240 IROQUOIS AVE, SUITE 206 NAPERVILLE, ILLINOIS 60563 NOT TO SCALE 2015— AERIAL PHOTOGRAPH ADAPTED FROM MICROSOFT BING APPROXIMATE LOCATION OF SOIL SAMPLE BORING APPROXIMATE AREA OF SOILS WITH ELEVATED PID SCREENING READINGS OR EXCEEDING THE MOST STRINGENT TIER I SROS, METROPOLITAN BACK- GROUND CONCENTRATIONS LISTED IN 35 IAC 742 OR SOIL PH OUTSIDE THE RANGE SPECIFIED IN 35 IAC 1100.201(G) YPW-1 YPW-2 Page 55Page 55 CLIENT: SAMPLE DATE: SITE: LABORATORY:Prairie Analytical Systems, Inc.PROJECT NUMBER: MATRIX:Soil Analytical Method: EPA Method 8270Sample ID YPW-1 YPW-2Sample Date 6/3/2015 6/3/2015Depth 5' 5'Value Objective Soil Type Silty Sand Silty SandAcenaphthene570 MAC< 0.328 < 0.358Anthracene12000 MAC< 0.328 < 0.358Benzo(a)anthracene1.8 MAC< 0.328 < 0.358Benzo(b)fluoranthene2.1 MAC< 0.328 < 0.358Benzo(k)fluoranthene9.0 MAC< 0.328 < 0.358Benzo(a)pyrene2.1 MAC< 0.0602 < 0.0657Chrysene88 MAC< 0.328 < 0.358Dibenz(a,h)anthracene0.42 MAC< 0.0602 < 0.0657Fluoranthene3100 MAC< 0.328 < 0.358Fluorene560 MAC< 0.328 < 0.358Indeno(1,2,3-cd)pyrene1.6 MAC< 0.328 < 0.358Naphthalene1.8 MAC< 0.328 < 0.358Pyrene2300 MAC< 0.328 < 0.358Notes:< = Analyte not detected (i.e. less than RL or MDL)All data reported in milligrams per kilogram (mg/kg) unless otherwise noted.NA = This constituent was not analyzed.NE = No remediation objective established by the IEPA for this constituent.Bold identifies an exceedence of the referenced objective.TABLE 1Summary of Soil Analytical Results - Soil Characterization SamplingPolynuclear Aromatic Hydrocarbons (PNAs)Engineering Enterprises, Inc.June 3, 2015Constituents that are not identifed in 35 IAC 1100 Subpart F (MAC Table) are compared to the Metropolitan Statistical Area Background Concentration found in 35 IAC 742 Appendix A, Table HT115274Contaminant of ConcernMaximum Allowable Concentration (MAC) within a Metropolitan Statistical Area (MSA)Yorkville Public Works Storage Facility, Tower Lane, Yorkville, Illinois 60560Page 56Page 56 CLIENT: SAMPLE DATE: SITE: LABORATORY:PROJECT NUMBER: MATRIX: Analytical Method: EPA Method 6020Sample ID YPW-1 YPW-2Sample Date 6/3/2015 6/3/2015pH 7.8 7.76.25 ≤ pH ≤ 9.0Yes YesDepth 5' 5'Value Objective Soil Type Silty Sand Silty SandArsenic13 MAC4.30 3.42Barium1,500 MAC21.0 16.8Cadmium5.2 MAC< 0.275 < 0.294Chloride4000 MAC472 126Chromium21 MAC5.11 6.48Lead107 MAC4.95 3.09Mercury0.89 MAC< 0.0879 < 0.0942Selenium1.3 MAC< 0.549 < 0.589Silver4.4 MAC< 0.549 < 0.589Notes:Constituents that are not identified in 35 IAC 1100 Subpart F (MAC Table) are compared to the Metropolitan Statistical Area Background Concentration found in 35 IAC 742 Appendix A, Table H< = Analyte not detected (i.e. less than RL or MDL)All data reported in milligrams per kilogram (mg/kg) unless otherwise noted.NA = This constituent was not analyzed.NE = No remediation objective established by the IEPA for this constituent.Bold identifies an exceedence of the referenced objective.Contaminant of ConcernMaximum Allowable Concentration (MAC) within a Metropolitan Statistical Area (MSA)Engineering Enterprises, Inc.SoilT115274TABLE 2Summary of Soil Analytical Results - Soil Characterization SamplingResource Conservation Recovery Act (RCRA) Metals and ChlorideJune 3, 2015Yorkville Public Works Storage Facility, Tower Lane, Yorkville, Illinois 60560Prairie Analytical Systems, Inc.Page 57Page 57 Page 58Page 58 Page 59Page 59 Page 60Page 60 Page 61Page 61 Page 62Page 62 Page 63Page 63 Page 64Page 64 Page 65Page 65 Page 66Page 66 Page 67Page 67 Page 68Page 68 STATE OF ILLINOIS ENVIRONMENTAL LABORATORY ACCREDITATION is hereby granted to PRAIRIE ANALYTICAL SYSTEMS, INCORPORATED 1210 CAPITAL AIRPORT DRIVE SPRINGFIELD, IL 62707-8413 Certificate No.:003584 John South Accreditation Officer Environmental Laboratory Accreditation Program Expiration Date:01/31/2016 Issued On:03/12/2015 ENVIRONMENTAL PROTECTION AGENCY NELAP - RECOGNIZED ACCREDITATION NUMBER #100323 Celeste M. Crowley Acting Manager NELAP ACCREDITEDNELAP ACCREDITEDNELAP ACCREDITEDNELAP ACCREDITED Environmental Laboratory Accreditation Program According to the Illinois Administrative Code, Title 35, Subtitle A, Chapter II, Part 186, ACCREDITATION OF LABORATORIES FOR DRINKING WATER, WASTEWATER AND HAZARDOUS WASTES ANALYSIS, the State of Illinois formally recognizes that this laboratory is technically competent to perform the environmental analyses listed on the scope of accreditation detailed below. The laboratory agrees to perform all analyses listed on this scope of accreditation according to the Part 186 requirements and acknowledges that continued accreditation is dependent on successful ongoing compliance with the applicable requirements of Part 186. Please contact the Illinois EPA Environmental Laboratory Accreditation Program (IL ELAP) to verify the laboratory's scope of accreditation and accreditation status. Accreditation by the State of Illinois is not an endorsement or a guarantee of validity of the data generated by the laboratory. Page 1 of 13Page 69Page 69 State of Illinois Environmental Protection Agency Awards the Certificate of Approval to: Prairie Analytical Systems, Incorporated 1210 Capital Airport Drive Springfield, IL 62707-8413 According to the Illinois Administrative Code, Title 35, Subtitle A, Chapter II, Part 186, ACCREDITATION OF LABORATORIES FOR DRINKING WATER, WASTEWATER AND HAZARDOUS WASTES ANALYSIS, the State of Illinois formally recognizes that this laboratory is technically competent to perform the environmental analyses listed on the scope of accreditation detailed below. The laboratory agrees to perform all analyses listed on this scope of accreditation according to the Part 186 requirements and acknowledges that continued accreditation is dependent on successful ongoing compliance with the applicable requirements of Part 186. Please contact the Illinois EPA Environmental Laboratory Accreditation Program (IL ELAP) to verify the laboratory's scope of accreditation and accreditation status. Accreditation by the State of Illinois is not an endorsement or a guarantee of validity of the data generated by the laboratory. Certificate No.:003584 FOT Name:Drinking Water, Inorganic Method:SM2130B,18Ed Matrix Type:Potable Water Turbidity Method:SM2320B,18Ed Matrix Type:Potable Water Alkalinity Method:SM2340B,18Ed Matrix Type: Potable Water Hardness Method:SM4110B,18Ed Matrix Type:Potable Water Chloride Fluoride Nitrate Nitrite Orthophosphate Sulfate Method:SM4500CN-E,18Ed Matrix Type:Potable Water Cyanide Method:SM4500H-B,18Ed Matrix Type:Potable Water Hydrogen ion (pH) Method:SM5310C,20Ed Matrix Type: Potable Water Total Organic Carbon (TOC) Method:USEPA150.1 Matrix Type:Potable Water Hydrogen ion (pH) Method:USEPA180.1 Matrix Type:Potable Water Turbidity Thursday, March 12, 2015 Page 2 of 13Page 70Page 70 State of Illinois Environmental Protection Agency Awards the Certificate of Approval Prairie Analytical Systems, Incorporated 1210 Capital Airport Drive Springfield, IL 62707-8413 Certificate No.:003584 FOT Name:Drinking Water, Inorganic Method:USEPA200.7R4.4 Matrix Type:Potable Water Aluminum Arsenic Barium Beryllium Cadmium Calcium Chromium Copper Hardness (calc.)Iron Magnesium Manganese Nickel Silver Sodium Zinc Method:USEPA200.8R5.4 Matrix Type:Potable Water Aluminum Antimony Arsenic Barium Beryllium Cadmium Chromium Copper Lead Manganese Mercury Molybdenum Nickel Selenium Silver Thallium Zinc Method:USEPA245.2 Matrix Type:Potable Water Mercury Method:USEPA300.0R2.1 Matrix Type:Potable Water Chloride Fluoride Nitrate Nitrite Orthophosphate Sulfate FOT Name:Drinking Water, Organic Method:USEPA524.2R4.1 Matrix Type:Potable Water 1,1,1-Trichloroethane 1,1,2-Trichloroethane 1,1-Dichloroethene 1,2,4-Trichlorobenzene 1,2-Dichlorobenzene 1,2-Dichloroethane Thursday, March 12, 2015 Page 3 of 13Page 71Page 71 State of Illinois Environmental Protection Agency Awards the Certificate of Approval Prairie Analytical Systems, Incorporated 1210 Capital Airport Drive Springfield, IL 62707-8413 Certificate No.:003584 FOT Name:Drinking Water, Organic Method:USEPA524.2R4.1 Matrix Type:Potable Water 1,2-Dichloropropane 1,4-Dichlorobenzene Benzene Bromodichloromethane Bromoform Chlorobenzene Chlorodibromomethane Chloroform cis-1,2-Dichloroethene Dichloromethane (Methylene chloride)Ethylbenzene Methyl tert-butyl ether (MTBE)Naphthalene Styrene Tetrachloroethene Toluene Total trihalomethanes trans-1,2-Dichloroethene Trichloroethylene Vinyl chloride Xylenes (total) Method:USEPA525.2R2.0 Matrix Type: Potable Water 4,4'-DDT Alachlor Aldrin Atrazine Benzo(a)pyrene Di (2-ethylhexyl) adipate Di (2-ethylhexyl) phthalate Dieldrin gamma-BHC (Lindane)Heptachlor epoxide Hexachlorocyclopentadiene Methoxychlor Simazine FOT Name:Non Potable Water, Inorganic Method:SM2130B,2001 Matrix Type:NPW/SCM Turbidity Method:SM2310B,1997 Matrix Type:NPW/SCM Acidity Method:SM2320B,1997 Matrix Type:NPW Alkalinity Method:SM2340B,1997 Matrix Type: NPW Hardness Method:SM2540B,1997 Thursday, March 12, 2015 Page 4 of 13Page 72Page 72 State of Illinois Environmental Protection Agency Awards the Certificate of Approval Prairie Analytical Systems, Incorporated 1210 Capital Airport Drive Springfield, IL 62707-8413 Certificate No.:003584 FOT Name:Non Potable Water, Inorganic Method:SM2540B,1997 Matrix Type:NPW Residue (Total) Method:SM2540C,1997 Matrix Type:NPW Residue (TDS) Method:SM2540D,1997 Matrix Type:NPW Residue (TSS) Method:SM3500Cr-B,2009 Matrix Type:NPW/SCM Chromium VI Method:SM4110B,2000 Matrix Type: NPW/SCM Bromide Chloride Fluoride Nitrate Nitrate-Nitrite (as N)Nitrite Orthophosphate (as P)Sulfate Method:SM4500CN-E,1999 Matrix Type:NPW Cyanide Method:SM4500H-B,2000 Matrix Type: NPW Hydrogen Ion (pH) Method:SM4500NH3-D,1997 Matrix Type:NPW/SCM Ammonia Total Kjeldahl Nitrogen Method:SM4500O-G,2001 Matrix Type:NPW Oxygen - Dissolved Method:SM4500P-E,1999 Matrix Type:NPW Orthophosphate (as P)Phosphorus Method:SM4500S₂₂₂₂-F,2000 Matrix Type:NPW/SCM Thursday, March 12, 2015 Page 5 of 13Page 73Page 73 State of Illinois Environmental Protection Agency Awards the Certificate of Approval Prairie Analytical Systems, Incorporated 1210 Capital Airport Drive Springfield, IL 62707-8413 Certificate No.:003584 FOT Name:Non Potable Water, Inorganic Method:SM4500S₂₂₂₂-F,2000 Matrix Type:NPW/SCM Sulfide Method:SM5210B,2001 Matrix Type: NPW Biochemical Oxygen Demand (BOD) Matrix Type:NPW/SCM Carbonaceous Biochemical Oxygen Demand (CBOD) Method:SM5220D,1997 Matrix Type: NPW Chemical Oxygen Demand (COD) Method:SM5310C,2000 Matrix Type:NPW Total Organic Carbon (TOC) Method:USEPA160.4,1971 Matrix Type:NPW Residue (Volatile) Method:USEPA1664A Matrix Type:NPW Oil and Grease Method:USEPA180.1R2.0,1993 Matrix Type:NPW Turbidity Method:USEPA200.7,1994 Matrix Type:NPW/SCM Aluminum Antimony Arsenic Barium Beryllium Cadmium Calcium Chromium Cobalt Copper Iron Lead Magnesium Manganese Molybdenum Nickel Potassium Selenium Silver Sodium Thallium Tin Thursday, March 12, 2015 Page 6 of 13Page 74Page 74 State of Illinois Environmental Protection Agency Awards the Certificate of Approval Prairie Analytical Systems, Incorporated 1210 Capital Airport Drive Springfield, IL 62707-8413 Certificate No.:003584 FOT Name:Non Potable Water, Inorganic Method:USEPA200.7,1994 Matrix Type:NPW/SCM Titanium Vanadium Zinc Method:USEPA200.8,1994 Matrix Type:NPW/SCM Aluminum Antimony Arsenic Barium Beryllium Boron Cadmium Calcium Chromium Cobalt Copper Iron Lead Magnesium Manganese Molybdenum Nickel Potassium Selenium Silver Sodium Thallium Tin Titanium Vanadium Zinc Method:USEPA245.2,1974 Matrix Type:NPW/SCM Mercury Method:USEPA300.0R2.1,1993 Matrix Type:NPW Bromide Chloride Fluoride Nitrate Nitrate-Nitrite (as N)Nitrite Orthophosphate (as P)Sulfate Method:USEPA410.4R2.0,1993 Matrix Type:NPW Chemical Oxygen Demand (COD) Method:USEPA420.1,1978 Matrix Type:NPW Phenolics FOT Name:Solid and Chemical Materials, Inorganic Method:1010A Thursday, March 12, 2015 Page 7 of 13Page 75Page 75 State of Illinois Environmental Protection Agency Awards the Certificate of Approval Prairie Analytical Systems, Incorporated 1210 Capital Airport Drive Springfield, IL 62707-8413 Certificate No.:003584 FOT Name:Solid and Chemical Materials, Inorganic Method:1010A Matrix Type:NPW/SCM Ignitability Method:1311 Matrix Type:SCM TCLP (Organic and Inorganic) Method:1312 Matrix Type:SCM Synthetic Precipitation Leaching Procedure Method:6010B Matrix Type:NPW/SCM Aluminum Antimony Arsenic Barium Beryllium Cadmium Calcium Chromium Cobalt Copper Iron Lead Magnesium Manganese Molybdenum Nickel Potassium Selenium Silver Sodium Strontium Thallium Tin Titanium Vanadium Zinc Method:6020A Matrix Type:NPW/SCM Aluminum Antimony Arsenic Barium Beryllium Boron Cadmium Calcium Chromium Cobalt Copper Iron Lead Magnesium Manganese Mercury Molybdenum Nickel Thursday, March 12, 2015 Page 8 of 13Page 76Page 76 State of Illinois Environmental Protection Agency Awards the Certificate of Approval Prairie Analytical Systems, Incorporated 1210 Capital Airport Drive Springfield, IL 62707-8413 Certificate No.:003584 FOT Name:Solid and Chemical Materials, Inorganic Method:6020A Matrix Type:NPW/SCM Potassium Selenium Silver Sodium Thallium Vanadium Zinc Method:7196A Matrix Type:NPW/SCM Chromium VI Method:7470A Matrix Type:NPW Mercury Method:7471B Matrix Type:SCM Mercury Method:9014 Matrix Type:NPW/SCM Cyanide Method:9034 Matrix Type:NPW/SCM Sulfides Method:9040B Matrix Type:NPW Hydrogen Ion (pH) Method:9040C Matrix Type:NPW Hydrogen Ion (pH) Method:9045C Matrix Type: SCM Hydrogen Ion (pH) Method:9045D Matrix Type:SCM Hydrogen Ion (pH) Method:9056A Matrix Type:NPW/SCM Bromide Chloride Thursday, March 12, 2015 Page 9 of 13Page 77Page 77 State of Illinois Environmental Protection Agency Awards the Certificate of Approval Prairie Analytical Systems, Incorporated 1210 Capital Airport Drive Springfield, IL 62707-8413 Certificate No.:003584 FOT Name:Solid and Chemical Materials, Inorganic Method:9056A Matrix Type:NPW/SCM Fluoride Nitrate Nitrite Phosphate Sulfate Method:9065 Matrix Type:NPW/SCM Phenolics Method:9081 Matrix Type: NPW/SCM Cation-exchange Capacity Method:9095A Matrix Type:NPW/SCM Paint Filter FOT Name:Solid and Chemical Materials, Organic Method:8015B Matrix Type:NPW/SCM Diesel range organics (DRO)Gasoline range organics (GRO) Method:8081A Matrix Type:NPW/SCM 4,4'-DDD 4,4'-DDE 4,4'-DDT Aldrin alpha-BHC alpha-Chlordane beta-BHC Chlordane - not otherwise specified delta-BHC Dieldrin Endosulfan I Endosulfan II Endosulfan sulfate Endrin Endrin aldehyde Endrin ketone gamma-BHC (Lindane)gamma-Chlordane Heptachlor Heptachlor epoxide Methoxychlor Toxaphene Method:8082 Matrix Type:NPW/SCM PCB-1016 PCB-1221 PCB-1232 PCB-1242 PCB-1248 PCB-1254 Thursday, March 12, 2015 Page 10 of 13Page 78Page 78 State of Illinois Environmental Protection Agency Awards the Certificate of Approval Prairie Analytical Systems, Incorporated 1210 Capital Airport Drive Springfield, IL 62707-8413 Certificate No.:003584 FOT Name:Solid and Chemical Materials, Organic Method:8082 Matrix Type:NPW/SCM PCB-1260 Method:8260B Matrix Type: NPW/SCM 1,1,1,2-Tetrachloroethane 1,1,1-Trichloroethane 1,1,2,2-Tetrachloroethane 1,1,2-Trichloroethane 1,1-Dichloroethane 1,1-Dichloroethene 1,1-Dichloropropene 1,2,3-Trichlorobenzene 1,2,3-Trichloropropane 1,2,4-Trichlorobenzene 1,2,4-Trimethylbenzene 1,2-Dibromo-3-chloropropane (DBCP) 1,2-Dibromoethane (EDB)1,2-Dichlorobenzene 1,2-Dichloroethane 1,2-Dichloropropane 1,3,5-Trimethylbenzene 1,3-Dichlorobenzene 1,3-Dichloropropane 1,4-Dichlorobenzene 2,2-Dichloropropane 2-Butanone (Methyl ethyl ketone, MEK) 2-Chloroethyl vinyl ether 2-Chlorotoluene 2-Hexanone 4-Chlorotoluene 4-Methyl-2-pentanone (Methyl isobutyl ketone, MIBK)Acetone Acetonitrile Acrolein (Propenal) Acrylonitrile Benzene Bromobenzene Bromochloromethane Bromodichloromethane Bromoform Bromomethane Carbon disulfide Carbon tetrachloride Chlorobenzene Chlorodibromomethane (Dibromochloromethane)Chloroethane Chloroform Chloromethane cis-1,2-Dichloroethene cis-1,3-Dichloropropene Dibromomethane Dichlorodifluoromethane Dichloromethane (Methylene chloride)Ethylbenzene Hexachlorobutadiene Isopropylbenzene Methyl-t-butyl ether Naphthalene n-Butylbenzene n-Propylbenzene p-Isopropyltoluene sec-Butylbenzene Styrene tert-Butylbenzene Tetrachloroethene Toluene trans-1,2-Dichloroethene trans-1,3-Dichloropropene Thursday, March 12, 2015 Page 11 of 13Page 79Page 79 State of Illinois Environmental Protection Agency Awards the Certificate of Approval Prairie Analytical Systems, Incorporated 1210 Capital Airport Drive Springfield, IL 62707-8413 Certificate No.:003584 FOT Name:Solid and Chemical Materials, Organic Method:8260B Matrix Type:NPW/SCM Trichloroethene Trichlorofluoromethane Vinyl acetate Vinyl chloride Xylenes (Total) Method:8270C Matrix Type:NPW/SCM 1,2,4-Trichlorobenzene 1,2-Dichlorobenzene 1,3-Dichlorobenzene 1,4-Dichlorobenzene 2,4,5-Trichlorophenol 2,4,6-Trichlorophenol 2,4-Dichlorophenol 2,4-Dimethylphenol 2,4-Dinitrophenol 2,4-Dinitrotoluene (2,4-DNT) 2,6-Dinitrotoluene (2,6-DNT)2-Chloronaphthalene 2-Chlorophenol 2-Methylnaphthalene 2-Methylphenol (o-Cresol)2-Nitroaniline 2-Nitrophenol 3,3'-Dichlorobenzidine 3-Nitroaniline 4,6-Dinitro-2-methylphenol 4-Bromophenyl phenyl ether 4-Chloro-3-methylphenol 4-Chloroaniline 4-Chlorophenyl phenyl ether 4-Methylphenol (p-Cresol)4-Nitroaniline 4-Nitrophenol Acenaphthene Acenaphthylene Anthracene Benzo(a)anthracene Benzo(a)pyrene Benzo(b)fluoranthene Benzo(g,h,i)perlyene Benzo(k)fluoranthene Bis(2-chloroethoxy) methane Bis(2-chloroethyl) ether Bis(2-chloroisopropyl) ether Bis(2-ethylhexyl) phthalate Butyl benzyl phthalate Carbazole Carbofuran (Furaden) Chlorobenzilate Chrysene Dibenz(a,h)anthracene Dibenzofuran Diethyl phthalate Dimethyl phthalate Di-n-butyl phthalate Di-n-octyl phthalate Fluoranthene Fluorene Hexachlorobenzene Hexachlorobutadiene Hexachlorocyclopentadiene Hexachloroethane Indeno(1,2,3-cd) pyrene Isophorone Naphthalene Nitrobenzene Thursday, March 12, 2015 Page 12 of 13Page 80Page 80 State of Illinois Environmental Protection Agency Awards the Certificate of Approval Prairie Analytical Systems, Incorporated 1210 Capital Airport Drive Springfield, IL 62707-8413 Certificate No.:003584 FOT Name:Solid and Chemical Materials, Organic Method:8270C Matrix Type:NPW/SCM N-Nitrosodimethylamine N-Nitrosodi-n-propylamine N-Nitrosodiphenylamine o-Cresol (2-Methylphenol)p-Cresol (4-Methylphenol) Pentachlorophenol Phenanthrene Phenol Pyrene Method:8270C Mod_Farm Chemicals Matrix Type:NPW/SCM Acetochlor Alachlor Atrazine Butylate Chlorpyrifos Cyanazine EPTC Metolachlor Metribuzin Pendimethalin Prometon Simazine Terbufos Trifluralin Method:8321B Matrix Type:NPW/SCM 2,4,5-T 2,4,5-TP (Silvex) 2,4-D 2,4-DB Aldicarb (Temik)Carbofuran (Furaden) Dalapon Dicamba Dinoseb MCPA MCPP Oxamyl Thursday, March 12, 2015 Page 13 of 13Page 81Page 81 Page 82Page 82 EDR VISTACheck Report® SECTION PAGE----------------------- Map Findings Summary 3 Map Findings 7 Orphan Summary 22 2d28b2ef-8c98-4913-9980-4bb3a551feeb Disclaimer - 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Page 83Page 83 MAP FINDINGS SUMMARY Search TargetDistance Total Database Property(Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted STANDARD ENVIRONMENTAL RECORDS Federal NPL site list 0 NR NR 0 0 0 0.500NPL 0 NR NR 0 0 0 0.500Proposed NPL 0 NR NR NR NR NR TPNPL LIENS Federal Delisted NPL site list 0 NR NR 0 0 0 0.500Delisted NPL Federal CERCLIS list 0 NR NR 0 0 0 0.500CERCLIS 0 NR 0 0 0 0 1.000FEDERAL FACILITY Federal CERCLIS NFRAP site List 0 NR NR 0 0 0 0.500CERC-NFRAP Federal RCRA CORRACTS facilities list 0 NR NR 0 0 0 0.500CORRACTS Federal RCRA non-CORRACTS TSD facilities list 0 NR NR 0 0 0 0.500RCRA-TSDF Federal RCRA generators list 0 NR NR NR 0 0 0.250RCRA-LQG 2 NR NR NR 2 0 0.250RCRA-SQG 1 NR NR NR 0 1 0.250RCRA-CESQG Federal institutional controls / engineering controls registries 0 NR NR 0 0 0 0.500US ENG CONTROLS 0 NR NR 0 0 0 0.500US INST CONTROL 0 NR NR 0 0 0 0.500LUCIS Federal ERNS list 0 NR NR NR NR NR TPERNS State- and tribal - equivalent CERCLIS 0 NR NR 0 0 0 0.500SSU State and tribal landfill and/or solid waste disposal site lists 0 NR NR 0 0 0 0.500SWF/LF 0 NR NR 0 0 0 0.500LF SPECIAL WASTE 0 NR NR 0 0 0 0.500IL NIPC 0 NR NR 0 0 0 0.500CCDD State and tribal leaking storage tank lists 3 NR NR 3 0 0 0.500LUST Page 3 Page 84Page 84 MAP FINDINGS SUMMARY Search TargetDistance Total Database Property(Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted 0 NR NR 0 0 0 0.500LUST TRUST 0 NR NR 0 0 0 0.500INDIAN LUST State and tribal registered storage tank lists 4 NR NR NR 2 2 0.250UST 0 NR NR NR 0 0 0.250AST 0 NR NR NR 0 0 0.250INDIAN UST 0 NR NR NR 0 0 0.250FEMA UST State and tribal institutional control / engineering control registries 0 NR NR 0 0 0 0.500ENG CONTROLS 0 NR NR 0 0 0 0.500INST CONTROL State and tribal voluntary cleanup sites 0 NR NR 0 0 0 0.500INDIAN VCP 0 NR NR 0 0 0 0.500SRP State and tribal Brownfields sites 0 NR NR 0 0 0 0.500BROWNFIELDS ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists 0 NR NR 0 0 0 0.500US BROWNFIELDS Local Lists of Landfill / Solid Waste Disposal Sites 0 NR NR 0 0 0 0.500ODI 0 NR NR 0 0 0 0.500DEBRIS REGION 9 0 NR NR 0 0 0 0.500INDIAN ODI Local Lists of Hazardous waste / Contaminated Sites 0 NR NR NR NR NR TPUS CDL 0 NR NR NR NR NR TPCDL 0 NR NR NR NR NR TPUS HIST CDL Local Land Records 0 NR NR NR NR NR TPLIENS 2 Records of Emergency Release Reports 0 NR NR NR NR NR TPHMIRS 0 NR NR NR NR NR TPSPILLS Other Ascertainable Records 0 NR NR NR NR NR TPRCRA NonGen / NLR 0 NR NR NR NR NR TPDOT OPS 0 NR NR 0 0 0 0.500DOD 0 NR NR 0 0 0 0.500FUDS Page 4 Page 85Page 85 MAP FINDINGS SUMMARY Search TargetDistance Total Database Property(Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted 0 NR NR 0 0 0 0.500CONSENT 0 NR NR 0 0 0 0.500ROD 0 NR NR 0 0 0 0.500UMTRA 0 NR NR NR 0 0 0.250US MINES 0 NR NR NR NR NR TPTRIS 0 NR NR NR NR NR TPTSCA 0 NR NR NR NR NR TPFTTS 0 NR NR NR NR NR TPHIST FTTS 0 NR NR NR NR NR TPSSTS 0 NR NR NR NR NR TPICIS 0 NR NR NR NR NR TPPADS 0 NR NR NR NR NR TPMLTS 0 NR NR NR NR NR TPRADINFO 0 NR NR NR NR NR TPFINDS 0 NR NR NR NR NR TPRAATS 0 NR NR NR NR NR TPRMP 0 NR NR NR NR NR TPNPDES 0 NR NR NR NR NR TPUIC 0 NR NR NR NR NR TPHWAR 0 NR NR NR 0 0 0.250DRYCLEANERS 0 NR NR 0 0 0 0.500IMPDMENT 0 NR NR NR NR NR TPAIRS 0 NR NR NR NR NR TPTIER 2 0 NR NR 0 0 0 0.500INDIAN RESERV 0 NR NR 0 0 0 0.500SCRD DRYCLEANERS 0 NR NR NR NR NR TPBOL 0 NR NR 0 0 0 0.500COAL ASH 0 NR NR NR 0 0 0.250PIMW 0 NR NR NR NR NR TPFinancial Assurance 0 NR NR 0 0 0 0.500CHICAGO ENV 0 NR NR NR NR NR TPLEAD SMELTERS 0 NR NR NR NR NR TPUS AIRS 0 NR NR NR NR NR TPEPA WATCH LIST 0 NR NR NR NR NR TPUS FIN ASSUR 0 NR NR 0 0 0 0.500COAL ASH EPA 0 NR NR NR NR NR TPPCB TRANSFORMER 0 NR NR NR NR NR TPCOAL ASH DOE 0 NR NR NR 0 0 0.2502020 COR ACTION 0 NR NR NR NR NR TPPRP EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records 0 NR NR 0 0 0 0.500EDR MGP 0 NR NR NR 0 0 0.250EDR US Hist Auto Stat 0 NR NR NR 0 0 0.250EDR US Hist Cleaners EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives 0 NR NR 0 0 0 0.500RGA HWS Page 5 Page 86Page 86 MAP FINDINGS SUMMARY Search TargetDistance Total Database Property(Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted 0 NR NR 0 0 0 0.500RGA LF 0 NR NR 0 0 0 0.500RGA LUST NOTES: TP = Target Property NR = Not Requested at this Search Distance Sites may be listed in more than one database Page 6 Page 87Page 87 MAP FINDINGS Map ID EDR ID NumberDirection Distance EPA ID NumberDatabase(s)SiteDistance (ft.) NoTransporter of hazardous waste: NoRecycler of hazardous waste: NoMixed waste (haz. and radioactive): NoU.S. importer of hazardous waste: Handler Activities Summary: Not reportedOwner/Op end date: 01/01/1900Owner/Op start date: OperatorOwner/Operator Type: PrivateLegal status: Not reportedOwner/operator telephone: USOwner/operator country: Not reported Not reportedOwner/operator address: YORKVILLE NORTH WATER TOWEROwner/operator name: Not reportedOwner/Op end date: 01/01/1900Owner/Op start date: OwnerOwner/Operator Type: PrivateLegal status: Not reportedOwner/operator telephone: USOwner/operator country: Not reported Not reportedOwner/operator address: YORKVILLE NORTH WATER TOWEROwner/operator name: Not reportedOwner/Op end date: Not reportedOwner/Op start date: OwnerOwner/Operator Type: MunicipalLegal status: (708) 553-4350Owner/operator telephone: Not reportedOwner/operator country: YORKVILLE, IL 60560 111 W FOX ST STE 3Owner/operator address: YORKVILLE CITY OFOwner/operator name: Owner/Operator Summary: Handler: Non-Generators do not presently generate hazardous wasteDescription: Non-GeneratorClassification: 05EPA Region: Not reportedContact email: (630) 553-4370Contact telephone: USContact country: Not reported Not reportedContact address: ENV COORDINATORContact: ILR000023614EPA ID: YORKVILLE, IL 60560 610 TOWER LANEFacility address: YORKVILLE NORTH WATER TOWERFacility name: 04/01/2006Date form received by agency: RCRA NonGen / NLR: Site 1 of 3 in cluster A 1 ft. < 1/8 YORKVILLE, IL 60560 FINDS610 TOWER LANE ILR000023614 A1 RCRA NonGen / NLRYORKVILLE NORTH WATER TOWER 1001116341 Page 7 Page 88Page 88 MAP FINDINGS Map ID EDR ID NumberDirection Distance EPA ID NumberDatabase(s)SiteDistance (ft.) HAZARDOUS WASTE BIENNIAL REPORTER corrective action activities required under RCRA. program staff to track the notification, permit, compliance, and and treat, store, or dispose of hazardous waste. RCRAInfo allows RCRA events and activities related to facilities that generate, transport, Conservation and Recovery Act (RCRA) program through the tracking of RCRAInfo is a national information system that supports the Resource Illinois EPA Project to facilitate the permitting operations ACES (Illinois - Agency Compliance And Enforcement System) is the Environmental Interest/Information System 110005945647Registry ID: FINDS: No violations foundViolation Status: CHROMIUM. Waste name: D007. Waste code: Large Quantity GeneratorClassification: YORKVILLE NORTH WATER TOWERSite name: 06/25/1996Date form received by agency: Historical Generators: NoUsed oil transporter: NoUsed oil transfer facility: NoUsed oil Specification marketer: NoUsed oil fuel marketer to burner: NoUser oil refiner: NoUsed oil processor: NoUsed oil fuel burner: NoFurnace exemption: NoOn-site burner exemption: NoUnderground injection activity: NoTreater, storer or disposer of HW: YORKVILLE NORTH WATER TOWER (Continued) 1001116341 Not reportedAOR Well: ILEA5RAPermit Id: Not reportedWell Name: ILEA5D294112Well Id: Well: Not reportedSIC Code: Not reportedNAICS Code: 112Facility State Id: Not reportedFacility Type: ILEA112Facility Id: UIC: Site 2 of 3 in cluster A 1 ft. < 1/8 YORKVILLE, IL 60560 BOL610 TOWER LANE N/A A2 UICYORKVILLE, CITY OF S108256183 Page 8 Page 89Page 89 MAP FINDINGS Map ID EDR ID NumberDirection Distance EPA ID NumberDatabase(s)SiteDistance (ft.) ACOperate Status Code: 1985-03-20 00:00:00Status Date: Not reportedWell In Source Water Area: Not reportedWell Site: Not reportedGeology Id: Not reportedTotal Depth: NoAquifer Exempt: Not reportedSubmission Date: ILPermit State Id: Not reportedOwnership Type: RAAUT Status: Not reportedAOR Well: ILEA5RAPermit Id: Not reportedWell Name: ILEA5D296112Well Id: YORKVILLE, IL 60560Contact City/State/Zip: 610 TOWER LANEContact Street: Not ProvidedContact Name: ILEA112Contact Id: 1985-03-20 00:00:00Well Type Date: 5H1Well Type: ACOperate Status Code: 1985-03-20 00:00:00Status Date: Not reportedWell In Source Water Area: Not reportedWell Site: Not reportedGeology Id: Not reportedTotal Depth: NoAquifer Exempt: Not reportedSubmission Date: ILPermit State Id: Not reportedOwnership Type: RAAUT Status: Not reportedAOR Well: ILEA5RAPermit Id: Not reportedWell Name: ILEA5D295112Well Id: YORKVILLE, IL 60560Contact City/State/Zip: 610 TOWER LANEContact Street: Not ProvidedContact Name: ILEA112Contact Id: 1985-03-20 00:00:00Well Type Date: 5H1Well Type: ACOperate Status Code: 1985-03-20 00:00:00Status Date: Not reportedWell In Source Water Area: Not reportedWell Site: Not reportedGeology Id: Not reportedTotal Depth: NoAquifer Exempt: Not reportedSubmission Date: ILPermit State Id: Not reportedOwnership Type: RAAUT Status: YORKVILLE, CITY OF (Continued)S108256183 Page 9 Page 90Page 90 MAP FINDINGS Map ID EDR ID NumberDirection Distance EPA ID NumberDatabase(s)SiteDistance (ft.) LANDMedia Code: BOLInterest Type: Yorkville North Water TowerInterest Name: 0930250003Inv Num: 170000324361Site Id: BOL: YORKVILLE, IL 60560Contact City/State/Zip: 610 TOWER LANEContact Street: Not ProvidedContact Name: ILEA112Contact Id: 1985-03-20 00:00:00Well Type Date: 5H1Well Type: ACOperate Status Code: 1985-03-20 00:00:00Status Date: Not reportedWell In Source Water Area: Not reportedWell Site: Not reportedGeology Id: Not reportedTotal Depth: NoAquifer Exempt: Not reportedSubmission Date: ILPermit State Id: Not reportedOwnership Type: RAAUT Status: Not reportedAOR Well: ILEA5RAPermit Id: Not reportedWell Name: ILEA5D297112Well Id: YORKVILLE, IL 60560Contact City/State/Zip: 610 TOWER LANEContact Street: Not ProvidedContact Name: ILEA112Contact Id: 1985-03-20 00:00:00Well Type Date: 5H1Well Type: YORKVILLE, CITY OF (Continued)S108256183 7000Tank Capacity: RemovedTank Status: 1Tank Number: Yorkville, IL 60560Owner City,St,Zip: 507 W Kendall Dr Suite 4Owner Address: Yorkville School Dist 115Owner Name: U0016755Owner Id: NONEFacility Type: CLOSEDFacility Status: 2025934Facility ID: UST: 108 ft. Site 3 of 3 in cluster A 0.020 mi. < 1/8 YORKVILLE, IL 60560 WSW 201 W SOMONAUK N/A A3 USTYORKVILLE GRADE SCHOOL U000859552 Page 10 Page 91Page 91 MAP FINDINGS Map ID EDR ID NumberDirection Distance EPA ID NumberDatabase(s)SiteDistance (ft.) Not reportedTest Expire Date: Not reportedLast Passing Date: Not reportedEquipment: Not reportedEquipment Type: Not reportedIEMA: NPending Nov: Not reportedMOTOR FUEL TYPE: Not reportedMotor Fuel Permit Expiration Date: Not reportedMotor Fuel Permit Inspection Date: Not reportedFee Due: Not reportedGreen Tag Expire Date: Not reportedGreen Tag Issue Date: Not reportedGreen Tag Decal: Not reportedInstall Date: Not reportedRed Tag Issue Date: 7/25/1990OSFM First Notify Date: 12/1/1982Last Used Date: Not reportedTank Substance: YORKVILLE GRADE SCHOOL (Continued) U000859552 Owner/Operator Summary: hazardous waste the cleanup of a spill, into or on any land or water, of acutely any residue or contaminated soil, waste or other debris resulting from time: 1 kg or less of acutely hazardous waste; or 100 kg or less of hazardous waste during any calendar month, and accumulates at any from the cleanup of a spill, into or on any land or water, of acutely of any residue or contaminated soil, waste or other debris resulting land or water, of acutely hazardous waste; or generates 100 kg or less other debris resulting from the cleanup of a spill, into or on any waste; or 100 kg or less of any residue or contaminated soil, waste or month, and accumulates at any time: 1 kg or less of acutely hazardous or generates 1 kg or less of acutely hazardous waste per calendar month, and accumulates 1000 kg or less of hazardous waste at any time; Handler: generates 100 kg or less of hazardous waste per calendarDescription: Conditionally Exempt Small Quantity GeneratorClassification: 05EPA Region: Not reportedContact email: (708) 553-4395Contact telephone: USContact country: YORKVILLE, IL 60560 PO BOX 487Contact address: GREG PEARLContact: YORKVILLE, IL 60560 PO BOX 487Mailing address: ILR000017806EPA ID: YORKVILLE, IL 60560 119 W SOMONAUKFacility address: LAIDLAW TRANSIT INC YORKVILLEFacility name: 03/08/1996Date form received by agency: RCRA-CESQG: 246 ft. Site 1 of 2 in cluster B 0.047 mi. < 1/8 YORKVILLE, IL 60560 East FINDS119 W SOMONAUK ILR000017806 B4 RCRA-CESQGLAIDLAW TRANSIT INC YORKVILLE 1004695450 Page 11 Page 92Page 92 MAP FINDINGS Map ID EDR ID NumberDirection Distance EPA ID NumberDatabase(s)SiteDistance (ft.) corrective action activities required under RCRA. program staff to track the notification, permit, compliance, and and treat, store, or dispose of hazardous waste. RCRAInfo allows RCRA events and activities related to facilities that generate, transport, Conservation and Recovery Act (RCRA) program through the tracking of RCRAInfo is a national information system that supports the Resource Environmental Interest/Information System 110005941794Registry ID: FINDS: No violations foundViolation Status: IGNITABLE WASTE. Waste name: D001. Waste code: NoUsed oil transporter: NoUsed oil transfer facility: NoUsed oil Specification marketer: NoUsed oil fuel marketer to burner: NoUser oil refiner: NoUsed oil processor: NoUsed oil fuel burner: NoFurnace exemption: NoOn-site burner exemption: NoUnderground injection activity: NoTreater, storer or disposer of HW: NoTransporter of hazardous waste: NoRecycler of hazardous waste: NoMixed waste (haz. and radioactive): NoU.S. importer of hazardous waste: Handler Activities Summary: Not reportedOwner/Op end date: Not reportedOwner/Op start date: OwnerOwner/Operator Type: DistrictLegal status: (708) 553-4382Owner/operator telephone: Not reportedOwner/operator country: YORKVILLE, IL 60560 507 E KENDALLOwner/operator address: YROKVILLE SCHOOL DISTRICTOwner/operator name: LAIDLAW TRANSIT INC YORKVILLE (Continued) 1004695450 507 W Kendall Dr Suite 4Owner Address: Yorkville School Dist 115Owner Name: U0016755Owner Id: SCHOOL/COLLEGEFacility Type: CLOSEDFacility Status: 2026938Facility ID: UST: 246 ft. Site 2 of 2 in cluster B 0.047 mi. < 1/8 YORKVILLE, IL 60560 East 119 W SOMONAUK N/A B5 USTBUS GARAGE U001136999 Page 12 Page 93Page 93 MAP FINDINGS Map ID EDR ID NumberDirection Distance EPA ID NumberDatabase(s)SiteDistance (ft.) Not reportedTest Expire Date: Not reportedLast Passing Date: Not reportedEquipment: Not reportedEquipment Type: 990660IEMA: NPending Nov: Not reportedMOTOR FUEL TYPE: Not reportedMotor Fuel Permit Expiration Date: Not reportedMotor Fuel Permit Inspection Date: $0.00Fee Due: Not reportedGreen Tag Expire Date: Not reportedGreen Tag Issue Date: Not reportedGreen Tag Decal: Not reportedInstall Date: Not reportedRed Tag Issue Date: 4/15/1991OSFM First Notify Date: 12/1/1998Last Used Date: Diesel FuelTank Substance: 1000Tank Capacity: RemovedTank Status: 1Tank Number: Yorkville, IL 60560Owner City,St,Zip: BUS GARAGE (Continued)U001136999 Not reportedOwner/operator country: YORKVILLE, IL 60560 106 RTE 126Owner/operator address: YORKVILLE CITY OFOwner/operator name: Owner/Operator Summary: hazardous waste at any time waste during any calendar month, and accumulates more than 1000 kg of hazardous waste at any time; or generates 100 kg or less of hazardous waste during any calendar month and accumulates less than 6000 kg of Handler: generates more than 100 and less than 1000 kg of hazardousDescription: Small Small Quantity GeneratorClassification: 05EPA Region: Not reportedContact email: (708) 553-4382Contact telephone: USContact country: YORKVILLE, IL 60560 106 RTE 126Contact address: JEFF STORMContact: YORKVILLE, IL 60560 106 RTE 126Mailing address: ILD984851444EPA ID: YORKVILLE, IL 60560 201 W CENTERFacility address: PARKVIEW GRADE SCHOOLFacility name: 02/11/1992Date form received by agency: RCRA-SQG: 664 ft. Site 1 of 2 in cluster C 0.126 mi. 1/8-1/4 YORKVILLE, IL 60560 SSW FINDS201 W CENTER ILD984851444 C6 RCRA-SQGPARKVIEW GRADE SCHOOL 1000614829 Page 13 Page 94Page 94 MAP FINDINGS Map ID EDR ID NumberDirection Distance EPA ID NumberDatabase(s)SiteDistance (ft.) corrective action activities required under RCRA. program staff to track the notification, permit, compliance, and and treat, store, or dispose of hazardous waste. RCRAInfo allows RCRA events and activities related to facilities that generate, transport, Conservation and Recovery Act (RCRA) program through the tracking of RCRAInfo is a national information system that supports the Resource Illinois EPA Project to facilitate the permitting operations ACES (Illinois - Agency Compliance And Enforcement System) is the and settlements. regions and states with cooperative agreements, enforcement actions, Toxic Substances Control Act (TSCA). The system tracks inspections in Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the NCDB (National Compliance Data Base) supports implementation of the Environmental Interest/Information System 110005905976Registry ID: FINDS: No violations foundViolation Status: IGNITABLE WASTE. Waste name: D001. Waste code: NoUsed oil transporter: NoUsed oil transfer facility: NoUsed oil Specification marketer: NoUsed oil fuel marketer to burner: NoUser oil refiner: NoUsed oil processor: NoUsed oil fuel burner: NoFurnace exemption: NoOn-site burner exemption: NoUnderground injection activity: NoTreater, storer or disposer of HW: NoTransporter of hazardous waste: NoRecycler of hazardous waste: NoMixed waste (haz. and radioactive): NoU.S. importer of hazardous waste: Handler Activities Summary: Not reportedOwner/Op end date: Not reportedOwner/Op start date: OwnerOwner/Operator Type: PrivateLegal status: (708) 553-4382Owner/operator telephone: PARKVIEW GRADE SCHOOL (Continued) 1000614829 Page 14 Page 95Page 95 MAP FINDINGS Map ID EDR ID NumberDirection Distance EPA ID NumberDatabase(s)SiteDistance (ft.) Not reportedTest Expire Date: Not reportedLast Passing Date: Not reportedEquipment: Not reportedEquipment Type: Not reportedIEMA: NPending Nov: Not reportedMOTOR FUEL TYPE: Not reportedMotor Fuel Permit Expiration Date: Not reportedMotor Fuel Permit Inspection Date: Not reportedFee Due: Not reportedGreen Tag Expire Date: Not reportedGreen Tag Issue Date: Not reportedGreen Tag Decal: Not reportedInstall Date: Not reportedRed Tag Issue Date: 7/25/1990OSFM First Notify Date: 12/1/1982Last Used Date: Heating OilTank Substance: 10000Tank Capacity: RemovedTank Status: 1Tank Number: Yorkville, IL 60560Owner City,St,Zip: 507 W Kendall Dr Suite 4Owner Address: Yorkville School Dist 115Owner Name: U0016755Owner Id: NONEFacility Type: CLOSEDFacility Status: 2025935Facility ID: UST: 664 ft. Site 2 of 2 in cluster C 0.126 mi. 1/8-1/4 YORKVILLE, IL 60560 SSW 201 W CENTER N/A C7 USTPARKVIEW SCHOOL U001137000 Not reportedInstall Date: Not reportedRed Tag Issue Date: 4/25/1986OSFM First Notify Date: Not reportedLast Used Date: Used OilTank Substance: 500Tank Capacity: RemovedTank Status: 1Tank Number: Artesia, CA 90702Owner City,St,Zip: P. O. Box 6038 Environmental Compliance DepartmentOwner Address: BP Products North America, Inc.Owner Name: U0000552Owner Id: NONEFacility Type: CLOSEDFacility Status: 2023162Facility ID: UST: 1124 ft. 0.213 mi. 1/8-1/4 YORKVILLE, IL 60560 South ROUTE 47 & MAIN N/A 8 USTAMOCO SS#18821 FACILITY #12440 U001136987 Page 15 Page 96Page 96 MAP FINDINGS Map ID EDR ID NumberDirection Distance EPA ID NumberDatabase(s)SiteDistance (ft.) Not reportedEquipment: Not reportedEquipment Type: Not reportedIEMA: NPending Nov: Not reportedMOTOR FUEL TYPE: Not reportedMotor Fuel Permit Expiration Date: Not reportedMotor Fuel Permit Inspection Date: Not reportedFee Due: Not reportedGreen Tag Expire Date: Not reportedGreen Tag Issue Date: Not reportedGreen Tag Decal: Not reportedInstall Date: Not reportedRed Tag Issue Date: 4/25/1986OSFM First Notify Date: Not reportedLast Used Date: GasolineTank Substance: 8000Tank Capacity: RemovedTank Status: 3Tank Number: Not reportedTest Expire Date: Not reportedLast Passing Date: Not reportedEquipment: Not reportedEquipment Type: Not reportedIEMA: NPending Nov: Not reportedMOTOR FUEL TYPE: Not reportedMotor Fuel Permit Expiration Date: Not reportedMotor Fuel Permit Inspection Date: Not reportedFee Due: Not reportedGreen Tag Expire Date: Not reportedGreen Tag Issue Date: Not reportedGreen Tag Decal: Not reportedInstall Date: Not reportedRed Tag Issue Date: 4/25/1986OSFM First Notify Date: Not reportedLast Used Date: GasolineTank Substance: 8000Tank Capacity: RemovedTank Status: 2Tank Number: Not reportedTest Expire Date: Not reportedLast Passing Date: Not reportedEquipment: Not reportedEquipment Type: 14-0175, 90-2826IEMA: NPending Nov: Not reportedMOTOR FUEL TYPE: Not reportedMotor Fuel Permit Expiration Date: Not reportedMotor Fuel Permit Inspection Date: Not reportedFee Due: Not reportedGreen Tag Expire Date: Not reportedGreen Tag Issue Date: Not reportedGreen Tag Decal: AMOCO SS#18821 FACILITY #12440 (Continued)U001136987 Page 16 Page 97Page 97 MAP FINDINGS Map ID EDR ID NumberDirection Distance EPA ID NumberDatabase(s)SiteDistance (ft.) Not reportedRed Tag Issue Date: Not reportedOSFM First Notify Date: 12/31/1973Last Used Date: GasolineTank Substance: 1000Tank Capacity: Exempt from registrationTank Status: 6Tank Number: Not reportedTest Expire Date: Not reportedLast Passing Date: Not reportedEquipment: Not reportedEquipment Type: Not reportedIEMA: NPending Nov: Not reportedMOTOR FUEL TYPE: Not reportedMotor Fuel Permit Expiration Date: Not reportedMotor Fuel Permit Inspection Date: Not reportedFee Due: Not reportedGreen Tag Expire Date: Not reportedGreen Tag Issue Date: Not reportedGreen Tag Decal: Not reportedInstall Date: Not reportedRed Tag Issue Date: Not reportedOSFM First Notify Date: 12/31/1973Last Used Date: Used OilTank Substance: 500Tank Capacity: Exempt from registrationTank Status: 5Tank Number: Not reportedTest Expire Date: Not reportedLast Passing Date: Not reportedEquipment: Not reportedEquipment Type: Not reportedIEMA: NPending Nov: Not reportedMOTOR FUEL TYPE: Not reportedMotor Fuel Permit Expiration Date: Not reportedMotor Fuel Permit Inspection Date: Not reportedFee Due: Not reportedGreen Tag Expire Date: Not reportedGreen Tag Issue Date: Not reportedGreen Tag Decal: Not reportedInstall Date: Not reportedRed Tag Issue Date: 4/25/1986OSFM First Notify Date: Not reportedLast Used Date: GasolineTank Substance: 10000Tank Capacity: RemovedTank Status: 4Tank Number: Not reportedTest Expire Date: Not reportedLast Passing Date: AMOCO SS#18821 FACILITY #12440 (Continued)U001136987 Page 17 Page 98Page 98 MAP FINDINGS Map ID EDR ID NumberDirection Distance EPA ID NumberDatabase(s)SiteDistance (ft.) Not reportedTest Expire Date: Not reportedLast Passing Date: Not reportedEquipment: Not reportedEquipment Type: Not reportedIEMA: NPending Nov: Not reportedMOTOR FUEL TYPE: Not reportedMotor Fuel Permit Expiration Date: Not reportedMotor Fuel Permit Inspection Date: Not reportedFee Due: Not reportedGreen Tag Expire Date: Not reportedGreen Tag Issue Date: Not reportedGreen Tag Decal: Not reportedInstall Date: Not reportedRed Tag Issue Date: Not reportedOSFM First Notify Date: 12/31/1973Last Used Date: GasolineTank Substance: 1000Tank Capacity: Exempt from registrationTank Status: 7Tank Number: Not reportedTest Expire Date: Not reportedLast Passing Date: Not reportedEquipment: Not reportedEquipment Type: Not reportedIEMA: NPending Nov: Not reportedMOTOR FUEL TYPE: Not reportedMotor Fuel Permit Expiration Date: Not reportedMotor Fuel Permit Inspection Date: Not reportedFee Due: Not reportedGreen Tag Expire Date: Not reportedGreen Tag Issue Date: Not reportedGreen Tag Decal: Not reportedInstall Date: AMOCO SS#18821 FACILITY #12440 (Continued)U001136987 Not reportedContact email: (708) 990-5722Contact telephone: USContact country: OAKBROOK, IL 60521 2021 SPRING RD 400Contact address: LLOYD KUEHNContact: OAKBROOK, IL 60521 2021 SPRING RD 400Mailing address: ILD984812685EPA ID: YORKVILLE, IL 60560 207 N MAINFacility address: AMOCO 18821 STATIONFacility name: 01/23/1991Date form received by agency: RCRA-SQG: 1249 ft. 0.237 mi. 1/8-1/4 YORKVILLE, IL 60560 SSE FINDS207 N MAIN ILD984812685 9 RCRA-SQGAMOCO 18821 STATION 1000463000 Page 18 Page 99Page 99 MAP FINDINGS Map ID EDR ID NumberDirection Distance EPA ID NumberDatabase(s)SiteDistance (ft.) corrective action activities required under RCRA. program staff to track the notification, permit, compliance, and and treat, store, or dispose of hazardous waste. RCRAInfo allows RCRA events and activities related to facilities that generate, transport, Conservation and Recovery Act (RCRA) program through the tracking of RCRAInfo is a national information system that supports the Resource Environmental Interest/Information System 110009377469Registry ID: FINDS: No violations foundViolation Status: IGNITABLE WASTE. Waste name: D001. Waste code: NoUsed oil transporter: NoUsed oil transfer facility: NoUsed oil Specification marketer: NoUsed oil fuel marketer to burner: NoUser oil refiner: NoUsed oil processor: NoUsed oil fuel burner: NoFurnace exemption: NoOn-site burner exemption: NoUnderground injection activity: NoTreater, storer or disposer of HW: NoTransporter of hazardous waste: NoRecycler of hazardous waste: NoMixed waste (haz. and radioactive): NoU.S. importer of hazardous waste: Handler Activities Summary: Not reportedOwner/Op end date: Not reportedOwner/Op start date: OwnerOwner/Operator Type: PrivateLegal status: Not reportedOwner/operator telephone: Not reportedOwner/operator country: Not reported Not reportedOwner/operator address: AMOCO OIL COOwner/operator name: Owner/Operator Summary: hazardous waste at any time waste during any calendar month, and accumulates more than 1000 kg of hazardous waste at any time; or generates 100 kg or less of hazardous waste during any calendar month and accumulates less than 6000 kg of Handler: generates more than 100 and less than 1000 kg of hazardousDescription: Small Small Quantity GeneratorClassification: 05EPA Region: AMOCO 18821 STATION (Continued) 1000463000 Page 19 Page 100Page 100 MAP FINDINGS Map ID EDR ID NumberDirection Distance EPA ID NumberDatabase(s)SiteDistance (ft.) Not reportedNFR Date Recorded: Not reportedNFA/NFR Letter: Not reported45 Report Received: Not reported20 Report Received: 2014-02-20Non LUST Determination Letter: Not reportedDate Section 57.5(g) Letter: 734Section 57.5(g) Letter: Not reportedSite Classification: Not reportedPRP Phone: Not reportedPRP City,St,Zip: Not reportedPRP Address: Not reportedPRP Contact: Not reportedPRP Name: Not reportedEmail: Not reportedProject Manager Phone: Not reportedProject Manager: 02/14/2014IEMA Date: Other PetroProduct: 0930255017IL EPA Id: 20140175Incident Num: 11/02/1999NFR Date Recorded: 09/24/1999NFA/NFR Letter: Not reported45 Report Received: Not reported20 Report Received: Not reportedNon LUST Determination Letter: Not reportedDate Section 57.5(g) Letter: 731Section 57.5(g) Letter: Not reportedSite Classification: Not reportedPRP Phone: Warrenville, IL 60555PRP City,St,Zip: 28100 Torch Pkwy., 6-SPRP Address: Lyle BrucePRP Contact: Amoco Oil Co.PRP Name: Melinda.Friedel@illinois.govEmail: (217) 785-5736Project Manager Phone: FriedelProject Manager: 09/27/1990IEMA Date: GasolineProduct: 0930255017IL EPA Id: 902826Incident Num: LUST: 1351 ft. 0.256 mi. 1/4-1/2 YORKVILLE, IL 60560 SSE 207 EAST MAIN N/A 10 LUSTAMOCO OIL #18821 S104526636 04/17/1990IEMA Date: Fuel OilProduct: 0930255022IL EPA Id: 900999Incident Num: LUST: 2333 ft. Site 1 of 2 in cluster D 0.442 mi. 1/4-1/2 YORKVILLE, IL 60560 South BOL109 BRIDGE ST. N/A D11 LUSTHD BACK HOE S103294412 Page 20 Page 101Page 101 MAP FINDINGS Map ID EDR ID NumberDirection Distance EPA ID NumberDatabase(s)SiteDistance (ft.) LANDMedia Code: BOLInterest Type: Hd BackhoeInterest Name: 0930255022Inv Num: 170000623145Site Id: BOL: Not reportedNFR Date Recorded: 01/22/2008NFA/NFR Letter: Not reported45 Report Received: Not reported20 Report Received: Not reportedNon LUST Determination Letter: Not reportedDate Section 57.5(g) Letter: 731Section 57.5(g) Letter: Not reportedSite Classification: Not reportedPRP Phone: Yorkville, IL 60560PRP City,St,Zip: 109 East Hydrolic St., P.O. Box 158PRP Address: Robert DavidsonPRP Contact: HD Back HoePRP Name: Harry.A.Chappel@illinois.govEmail: (217) 785-3913Project Manager Phone: ChappelProject Manager: HD BACK HOE (Continued)S103294412 08/01/2005NFR Date Recorded: 05/16/2005NFA/NFR Letter: 03/17/200545 Report Received: 02/15/200520 Report Received: Not reportedNon LUST Determination Letter: Not reportedDate Section 57.5(g) Letter: P.A.Section 57.5(g) Letter: Not reportedSite Classification: Not reportedPRP Phone: Not reportedPRP City,St,Zip: Not reportedPRP Address: Not reportedPRP Contact: Not reportedPRP Name: Matt.Urish@illinois.govEmail: (217) 524-5596Project Manager Phone: UrishProject Manager: 01/10/2005IEMA Date: GasolineProduct: 0930255061IL EPA Id: 20050037Incident Num: LUST: 2460 ft. Site 2 of 2 in cluster D 0.466 mi. 1/4-1/2 YORKVILLE, IL 60560 South 123 EAST HYDRAULIC AVENUE N/A D12 LUSTGREITER MECHANICAL SERVICES S106781251 Page 21 Page 102Page 102 ORPHAN SUMMARYCityEDR IDSite NameSite AddressZipDatabase(s)Count: 1 recordsYORKVILLES111894851KENDALL COUNTY HIGHWAY DEPARTMENT6780 ROUTE 4760560UIC, LUST, SPILLS, BOL Page OR-1Page 103Page 103 EXHIBIT C Page 104Page 104 EXHIBIT D Page 105Page 105 Page 106Page 106 Page 107Page 107 Page 108Page 108 Page 109Page 109 Page 110Page 110 Page 111Page 111 Page 112Page 112 Page 113Page 113 Page 114Page 114 Page 115Page 115 Page 116Page 116 Page 117Page 117 Page 118Page 118 Page 119Page 119 Page 120Page 120 Page 121Page 121 Page 122Page 122 Page 123Page 123 Page 124Page 124 Page 125Page 125 Page 126Page 126 Page 127Page 127 Page 128Page 128 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 Old Business #4 Tracking Number PW 2019-37 Selection of Committee Liaisons – Park Board Liaison Public Works Committee – June 18, 2019 Selection of liaison to the Park Board. Bart Olson Administration Name Department