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Public Works Packet 2020 10-20-20 AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday, October 20, 2020 6:00 p.m. City Hall Conference Room 800 Game Farm Road, Yorkville, IL Citizen Comments: Minutes for Correction/Approval: September 15, 2020 New Business: 1. PW 2020-55 Capital Improvement Summary 2. PW 2020-56 Quarterly Bond and Letter of Credit Reduction Summary 3. PW 2020-57 Meeting Schedule for 2021 4. PW 2020-58 Purchase of Two Vehicles 5. PW 2020-59 Gas-N-Wash Public Improvement Acceptance 6. PW 2020-60 Kendall Marketplace Single Family Residential Improvement Acceptance 7. PW 2020-61 2021 Road to Better Roads Engineering Agreement 8. PW 2020-62 Fox Hill Roadway Improvements (Rebuild Illinois) Engineering Agreement 9. PW 2020-63 ITEP Applications Old Business: 1. PW 2020-54 Cannonball Trail Curve Speed Limit Additional Business: 2019/2020 City Council Goals – Public Works Committee Goal Priority Staff “Municipal Building Needs & Planning” 2 Bart Olson, Rob Fredrickson, Eric Dhuse, James Jensen, 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 & James Jensen “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, October 20, 2020 6:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. September 15, 2020 □ Approved __________ □ As presented □ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2020-55 Capital Improvement Summary □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2020-56 Quarterly Bond and Letter of Credit Reduction Summary □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2020-57 Meeting Schedule for 2021 □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2020-58 Purchase of Two Vehicles □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2020-59 Gas-N-Wash Public Improvement Acceptance □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2020-60 Kendall Marketplace Single Family Residential Improvement Acceptance □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2020-61 2021 Road to Better Roads Engineering Agreement □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 8. PW 2020-62 Fox Hill Roadway Improvements (Rebuild Illinois) Engineering Agreement □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 9. PW 2020-63 ITEP Applications □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2020-54 Cannonball Trail Curve Speed Limit □ 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 – September 15, 2020 Public Works Committee – October 20, 2020 Majority Committee Approval Minute Taker Name Department Page 1 of 3 DRAFT UNITED CITY OF YORKVILLE PUBLIC WORKS COMMITTEE Tuesday, September 15, 2020, 6:00pm Yorkville City Hall, Conference Room 800 Game Farm Road This meeting was held in accordance with Public Act 101-0640 and Gubernatorial Disaster Proclamation issued by Governor Pritzker pursuant to the powers vested in the Governor under the Illinois Emergency Management Agency Act. Due to the current Covid-19 pandemic, the Orders encourage social distancing by allowing remote attendance at this meeting. IN ATTENDANCE: Committee Members Chairman Joe Plocher , in-person Alderman Chris Funkhouser, in-person Alderman Ken Koch, in-person Alderman Seaver Tarulis, remote Other City Officials City Administrator Bart Olson, in-person Assistant City Administrator Erin Willrett-remote Director Public Works Eric Dhuse, in-person Engineer Brad Sanderson, EEI, in-person Alderman Joel Frieders, remote (left 6:28pm) Other Guests: (all present regarding Cannonball Trail speed) Patricia Marsh , remote Clay Hamm, remote Sarah Nydegger, remote Joe Stenger, remote Max (no last name shown), remote The meeting was called to order at 6:00pm by Chairman Joe Plocher. Citizen Comments: Alderman Frieders noted that resident Clay Hamm had sent a list of questions regarding the speed on Cannonball Trail. Chairman Plocher asked to move item #7 to the top of the agenda after the minutes and all agreed. Previous Meeting Minutes: July 21, 2020 Chairman Plocher moved and Alderman Koch seconded to approve the minutes as presented. (Roll call vote was finished following the citizen comments): Tarulis-yes, Koch-yes, Funkhouser-yes, Plocher-yes. Carried 4-0. Citizen Comments cont. Sarah Nydegger wants the speed limit on Cannonball Trail lowered from 45 to 35 mph between the two curves. Page 2 of 3 Patricia Marsh lives on Cannonball Trail and has endured numerous power outages after drivers hit the poles there and people have driven into yards after accidents. She has had trees and mailboxes damaged due to the accidents. Speed is the problem, though enforcement has been good. Clay Hamm said he tried to canvass most residents on Cannonball Trail regarding the speed issue. Almost all residents agreed with the speed problems and wish to see 35 mph instead of 45 mph. He said some incidents involving speed are not reported and drivers just leave. He asked if there was any downside to lowering the speed and said there are many children in the area as well as a church. He recommended a 30-35 speed limit. New Business: 7. PW 2020-54 Cannonball Trail Curve Speed Limit (out of sequence) Mr. Olson said an analysis was done from recorded traffic data and a memo is included that details past discussions. He turned the discussion over to Mr. Sanderson. Engineer Sanderson said he received information from Police Department speed data from 370 vehicles as well as from Public Works speed signs on over 100,000 vehicles. From that he calculated a speed estimate with a conclusion that 45mph is the recommended speed. Improvements that can be made are shoulder strips, widening road, or rumble strips. He said there are right-of-way issues that would require acquisition to make some the improvements and moving poles farther back requires ComEd coordination. Alderman Koch asked if there would be any drawback to lowering the speed to 35mph. Mr. Sanderson said to lower the speed would not be following accepted guidelines for establishing speed. Alderman Funkhouser asked if a portion of the road speed can be changed. Mr. Olson said there is no staff recommendation to change any part of the road and the data does not support a change. It was also noted that part of the curve is actually in the County jurisdiction. Alderman Frieders noted that rumble strips do not fare well with snow plows. In the interim, he said permanent flashing signs seem to have the most impact and suggested asking ComEd to move the pole. The City Attorney will be consulted. 1. PW 2020-48 Water Department Reports for April – August 2020 Mr. Dhuse said August reflects a large increase in water usage due to a very dry month. Alderman Tarulis said the city needs to be more proactive in enforcing the watering rules since watering is occurring on the wrong days and outside the allowed hours. The water reports will be moved forward to City Council on a roll call vote. Tarulis-yes, Koch-yes, Funkhouser-yes, Plocher-yes. Carried 4-0. 2. PW 2020-49 Cedarhurst of Yorkville Bond Release Chairman Plocher moved to accept the bond release and Alderman Koch seconded. Roll call: Koch- yes, Funkhouser-yes, Tarulis-yes, Plocher-yes. Carried 4-0. 3. PW 2020-50 2020 Striping Program – Bid Award Mr. Sanderson said this was budgeted and has Council approval. Three bids were received and were just slightly above the budget due to timing. He said the striping is badly needed. Some work will be done on McHugh Rd within the bid award. The committee gave a positive recommendation and it moves forward to City Council for a vote subject to determining the cost. 4. PW 2020-51 2020 Road to Better Roads Program – Change in Plans and Final Payment Estimate This is the request for a final change order in the amount of $82,000. Mr. Sanderson recommended moving forward. Alderman Koch asked if the $82,000 goes back into the budget. Mr. Olson said it Page 3 of 3 came from MFT and will remain in the Fund Balance to be used in future years. A committee vote was taken to move this forward. Funkhouser-yes, Koch-yes, Tarulis-yes, Plocher-yes. Carried 4-0. 5. PW 2020-52 ITEP Applications Ms. Willrett presented information regarding the ITEP (Illinois Transportation Enhancement Program) applications. It was last applied for in 2018 and was unsuccessful. Phase 1 engineering is now covered under these grants. She is requesting feedback on the 4 applications which are: 1. Joint cost-sharing project with the County on Fox Rd. sidewalk, to Rivers Edge to Hoover. The County supports this project. 2. Vegetation management along Rt. 34. 3. East Hydraulic conversion to one-way streetscape for festivals. 4. Riverwalk extension of trail west under bridge to recreation building. Mr. Olson said there is no limit on the number of applications. Alderman Koch expressed concern for spending the money for these projects instead of on Road to Better Roads. Alderman Funkhouser asked if there were any penalties if the city withdrew from the applications--none are known. He said he liked the Fox Road multi-use path project. He said he is not as excited about the Rt. 34 project, he is OK with the Hydraulic project and he said the Riverwalk is expensive but he would like it integrated with other trails. In his feedback, Alderman Tarulis ranked the projects giving most approval to the trail on Fox Road, then Rt. 34 project, Riverwalk and Hydraulic. Mr. Olson summarized the conversation and this item will be taken to City Council for more feedback. 6. PW 2020-53 Proposed Road to Better Roads Program and Rebuild Illinois Program Mr. Sanderson presented this item. The City wants to take advantage of the bidding during this time of the year. There are 2 funding sources: Road to Better Roads and extra money from state funding called Rebuild Illinois. The city's allotment is $1.25 million to be paid out over the next 2 years. He said the original plan is being followed with a few extra projects added. Mr. Olson said there are 2 action items: endorsement of next year's plan and general feedback for future plans. He also asked for feedback on a staff recommendation to use new funds in Fox Hill which is in poor condition. Greenbriar was also suggested. Mr. Sanderson added that the Rebuild Funds do have limits on how the money is spent: 1) must be a transportation project and 2) it must be bondable. He elaborated on more details of these requirements. The committee members were generally OK with moving this plan forward and signified as follows: Funkhouser-yes, Koch-yes, Tarulis-yes, Plocher-yes. Carried 4-0. Old Business: None Additional Business: Alderman Funkhouser related some residents' concerns about the Kennedy shared use path at Autumn Creek and Bristol Ridge. It was stated that pedestrians do not stop at intersection and drivers have nearly hit pedestrians. He asked staff to look at small stop signs. There was no further business and the meeting was adjourned at 7:11pm Minutes respectfully transcribed by Marlys Young, Minute Taker, remote 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 Agenda Item Number New Business #1 Tracking Number PW 2020-55 Capital Project Update Public Works Committee – October 20, 2020 None Status Update Brad Sanderson Engineering Name Department The purpose of this memo is to update the Public Works Committee as to the status of the several projects. A summary on the status of the projects is provided below: Construction Projects 2020 RTBR The work is substantially complete. Final restoration is currently being addressed. 2020 Striping Program Contract has been awarded to Precision Pavement Markings, Inc. The contract completion date is October 30th. Planning/Design Projects Mill Road Reconstruction Design engineering is 95% complete. Waiting funding finalization prior to letting. Beaver Street BPS Generator Design engineering has begun. Targeting a December bid letting. Risk and Resilience Assessment Emergency Response Plan Preliminary work has begun. 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, City Clerk Date: October 20, 2020 Subject: Capital Improvement Projects Update Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #2 Tracking Number PW 2020-56 Bond/LOC Reduction Summary – September 30, 2020 Public Works Committee – October 20, 2020 Informational Informational Brad Sanderson Engineering Name Department Please see the attached reduction summary through September 30, 2020. If you have any questions, please let me 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, City Clerk Date: September 30, 2020 Subject: 2020 Bond/LOC Reduction Summary – To Date 30‐Sep‐202020 Bond and Letter of Credit Reduction ReportDate Development/ProjectEngineer ConcurrenceCity Administrator ConcurrenceMayor ConcurrenceReduction Final Release Reduction Value Remaining Balance12/20/2019 Lot 6B ‐ Kendall Crossing (508 Center Parkway)XXX 10,980.00$             ‐$                              1/16/2020 Lot 4 ‐ Kendall Crossing (Holiday Inn Express)XXX 9,900.00$              43,980.00$                 4/20/2020 Ashley Point / PrestwickXXX 120,810.70$         57,959.80$                  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 2020-57 Meeting Schedule for 2021 Public Works Committee – October 20, 2020 Majority Approval Proposed meeting schedule for 2021. Lisa Pickering Administration Name Department Summary Proposed 2021 meeting schedule for the Public Works Committee. Meeting Schedule for 2021 For 2021, if the Public Works Committee would like to continue meeting the third Tuesday of the month at 6:00 p.m., the tentative meeting dates would be as follows:  January 19, 2021  February 16, 2021  March 16, 2021  April 20, 2021  May 18, 2021  June 15, 2021  July 20, 2021  August 17, 2021  September 21, 2021  October 19, 2021  November 16, 2021  December 21, 2021 Recommendation Staff recommends review of the proposed meeting dates and time so that a meeting schedule can be finalized for 2021. Memorandum To: Public Works Committee From: Lisa Pickering, City Clerk CC: Bart Olson, City Administrator Date: October 8, 2020 Subject: Public Works Committee Meeting Schedule for 2021 Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa 1 2 123456 123456 3 45678978 9 10 11 12 13 7 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 20 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 28 29 30 31 31 Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa 123112345 4 5678910 2 34567867 8 9 10 11 12 11 12 13 14 15 16 17 9 10 11 12 13 14 15 13 14 15 16 17 18 19 18 19 20 21 22 23 24 16 17 18 19 20 21 22 20 21 22 23 24 25 26 25 26 27 28 29 30 23 24 25 26 27 28 29 27 28 29 30 30 31 Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa 1231234567 1234 4 5678910 8 9 1011121314 5 67891011 11 12 13 14 15 16 17 15 16 17 18 19 20 21 12 13 14 15 16 17 18 18 19 20 21 22 23 24 22 23 24 25 26 27 28 19 20 21 22 23 24 25 25 26 27 28 29 30 31 29 30 31 26 27 28 29 30 Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa 1 2 123456 1234 3 45678978 9 10 11 12 13 5 67891011 10 11 12 13 14 15 16 14 15 16 17 18 19 20 12 13 14 15 16 17 18 17 18 19 20 21 22 23 21 22 23 24 25 26 27 19 20 21 22 23 24 25 24 25 26 27 28 29 30 28 29 30 26 27 28 29 30 31 31 January February September 2021 October November December July August April May June March Printable Yearly Calendar © 2018 by Vertex42.com. Free to Print. https://www.vertex42.com/calendars/printable-calendars.html Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #4 Tracking Number PW 2020-58 Water Department Truck Purchases Public Works Committee - October 20, 2020 Majority Committee Approval Proposing to purchase two new trucks for the water department. Eric Dhuse Public Works Name Department Summary Recommendation the purchase of two (2) new pickup trucks for the Water Department. Background As part of the annual budget process, staff evaluates the condition of the Public Works fleet. The approved FY2021 budget included the purchase of two (2) pickup trucks in the Water Operations Fund, and two (2) snow plows in the Public Works Capital Fund. These purchases will replace trucks currently in the Public Works Department fleet that are past their useful life. Staff intends to use the State Purchase Program through the Illinois Department of Central Management Services to purchase the pickup trucks and equipment. Due to the coronavirus pandemic, there have been delays at the State level in the processing of the final contract documentation. The bids have been opened, vendor’s selected, but they haven’t been able to officially award the contract yet. Once the contract is officially, awarded and the documentation is available, staff intends to place the order immediately (if approved). Truck #1 – New Vehicle 2021 Ford F350 with a Knapheide 8’ service body and Boss 8’-6” snow plow with a total purchase price of $52,424. The full build sheet (quote) is attached for your review (Exhibit A). Current Vehicle 2008 Ford F350 (VIN# 1FDWF37Y08ED57176) with a service body (Y4) - This vehicle has 80,000 miles and has been used for hauling heavy loads and snow removal services throughout its career. Staff expects an estimated revenue of $5,000-$7,500 from the auction sale. Attached the vehicle replacement evaluation form for your review (Exhibit B). Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, Administrator Rob Fredrickson, Finance Director Date: October 5, 2020 Subject: Water Department Truck Purchases Truck #2 – New Vehicle 2021 Ford F250 with a Knapheide 8’ service body and Boss 8’-6” snow plow with a total purchase price of $50,144. The full bid sheet (quote) is attached for your review (Exhibit C). Current Vehicle 2005 Ford F250 (VIN# 1FTSX21575EC28484) – This vehicle has 114,000 miles. This vehicle has mechanical and body concerns that would far exceed its value if repaired. Staff expects an estimated revenue of $500-$1000 from the auction sale. Attached the vehicle replacement evaluation form for your review (Exhibit D). The estimated savings and proceeds from the sale will remain in the water fund for future purchases. To increase the life of the service bodies on the vehicles, Staff requests the remaining $1,432 to have spray liner installed in the bottom of the tool compartments on the service body to extend its life cycle. Financial Breakdown $ 90,000 Water Operations Fund (trucks) - 51-510-60-00-6070 $ 14,000 PW Capital Fund (snow plows) - 25-215-60-00-6060 $104,000 Total Budget Amount $ 52,424 Purchase of Truck #1 with Plow $ 50,144 Purchase of Truck #2 with Plow $ 1,432 Spray Liner $104,000 Purchase Total Recommendation Staff requests the Committee recommend to the City Council authorize the purchase two vehicles with snow plows from Bob Ridings Ford, Taylorville, Illinois, using the state purchase program in the amount not to exceed $102,568 and the purchase of any other additions needed for the daily operations of this vehicle for a total vehicle amount not to exceed $104,000. Attachments  Resolution  Exhibit A – Bob Ridings Ford Truck #1 Quote  Exhibit B – Vehicle Replacement Evaluation Form - Y4  Exhibit C – Bob Ridings Ford Truck #2 Quote  Exhibit D - Vehicle Replacement Evaluation Form - Y30 Resolution No. 2020-____ Page 1 Resolution No. 2020-___ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, ILLINOIS, AUTHORIZING THE PURCHASE OF TWO VEHICLES FROM BOB RIDINGS FORD, TAYLORVILLE, ILLINOIS IN THE AMOUNT NOT TO EXCEED $102,568. WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, pursuant to the Governmental Purchasing Act, 30 ILCS 525/1 et. seq. (the “Act”), the City determined it to be in its best interests to purchase two (2) vehicles through the joint purchasing program of the State of Illinois; and WHEREAS, after completion of the competitive procuring process as required by the Act, the State of Illinois awarded the Bob Ridings Ford of Taylorville, Illinois, as the lowest responsible bidder; and WHEREAS, it is in the best interest of the City to approve the purchase the two police vehicles as itemized on Exhibit A and Exhibit C attached hereto from Bob Ridings Ford of Taylorville, Illinois; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois: Section 1: The foregoing recitals are hereby incorporated in this Resolution as the findings of the Corporate Authorities. Section 2: Pursuant the Act, the City Administrator is hereby authorized and directed to proceed with the purchase of two vehicles as itemized on “Exhibit A and Exhibit C” through Bob Ridings Ford, Taylorville, Illinois through the State of Illinois. Section 3: This Resolution shall be in full force and effect upon its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ CITY CLERK Resolution No. 2020-____ Page 2 KEN KOCH _________ DAN TRANSIER _________ JACKIE MILSCHEWSKI _________ ARDEN JOE PLOCHER _________ CHRIS FUNKHOUSER _________ JOEL FRIEDERS _________ SEAVER TARULIS _________ JASON PETERSON _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #5 Tracking Number PW 2020-59 Public Works Committee – October 20, 2020 Majority Consideration of Approval Acceptance Consideration Brad Sanderson Engineering Name Department Gas N Wash - Yorkville The developer has requested that the City accept the public improvements for ownership and maintenance. All work related to the public improvements, including punch list work has been completed. We recommend that the public improvements (sanitary sewer and sidewalk) as described in the attached Bill of Sale be accepted for ownership and maintenance by the City. As required by City Code, the developer will be responsible to provide a performance guarantee to cover the one-year maintenance period. This period starts after the City formally accepts the improvements. Along with final acceptance, there is a bond reduction to 10% of the value of the public improvements (Maintenance Guarantee). The existing letter of credit and new amounts are as follows: CNB Bank & Trust Letter of Credit No. 21901824 (Existing) $207,650.00 Original Approved EOPC (Public Improvement Portion) $47,280.00 Required Value (10% of Original) $4,728.00 Net Allowable Reduction $202,922.00 Upon City Council approval of the acceptance and the receipt of the executed Bill of Sale and new guarantee amount, the existing security may then be released. 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: September 17, 2020 Subject: Gas N Wash Yorkville - Acceptance 1 BILL OF SALE Seller, _______________, in consideration of One and 00/100th Dollar ($1.00), receipt hereby acknowledged, does hereby sell, assign, transfer and convey to the Buyer, the United City of Yorkville, an Illinois municipal corporation, at 800 Game Farm Road, Yorkville, Illinois 60560, the following personal property to wit described in Exhibit A attached hereto for the development know as Gas N Wash Yorkville, and generally shown on Exhibit B. Seller hereby represents and warrants to Buyer that Seller is the absolute owner of said property, that said property is free and clear of all liens, charges and encumbrances, and that Seller has full right, power, and authority to sell said property and to make this Bill of Sale. IN WITNESS WHEREOF, Seller has signed and sealed this Bill of Sale at ___________________________________, this _____ day of _______________, 20__. _______________________ Signature of Seller Subscribed and Sworn to before me this _____ day of _____________, 20__. _______________________ Notary Public EXHIBIT A GAS N WASH ‐ YORKVILLE UNITED CITY OF YORKVILLE UNIT QUANTITIY FOOT 510 EACH 3 SQ FT 2,556 SANITARY SEWER  SANITARY SEWER PVC SDR 26, 10" UTILITIES SANITARY MANHOLE, 4' DIA W/ FR & LID ROADWAY  PCC SIDEWALK, 5" ‐ W/ AGG SUB‐BASE, 4" IL R O U T E 4 7W A T E R P A R K W A Y /27 STORM WATER DETENTION AREA 445' C-C SPACING12'x75' LOADING ZONEREFUSESHED55.0' 5' TOP OF BANK= 650.0 648 646 648 650 650 648 HWL=649.0 ~2.0 Ac-Ft CAR WASH 4,574 S.F.32.7'140.0' MENU BOARD & SPEAKER 101 L.F. OF 6" PVC SDR 26 SANITARY SERV. @ 1.38 PR GREASE TRAP (SEE YBSD DETAIL STD-011) RIM=652.20 w/EJIW 1050 F&L SEE SAN MH DETAIL 6" INV E=646.06 6" INV W=646.30 PR SAN INSPECTION M.H. RIM = 651.60 6" INV W=645.77 6" INV NW=645.77 6" INV N= 645.75 245 L.F. OF 6" PVC SDR 26 SANITARY SERV. @ 1.34% PR SAN M.H. RIM = 647.55 10" INV NE=634.04 10" INV S=634.02 FF=652.20 Dry Bay=651.87 Wash Bay=651.70 38 L.F. OF 10" PVC SDR 26 SANITARY SEWER @ 0.48% 230 L.F. OF 10" PVC SDR 26 SANITARY SEWER @ 0.35% PR SAN M.H. RIM = 648.00 10" INV N=636.06 (STUB) 10" INV S=635.92 PR SAN DROP M.H. RIM = 650.00 10" INV N=635.07 10" INV S=635.05 6" INV E=635.24 6" INV E=641.06 244 L.F. OF 10" PVC SDR 26 SANITARY SEWER @ 0.35% PR SAN M.H. RIM = 650.40 6" INV N=644.36 6" INV S=644.36 6" INV W=644.34 138 L.F. OF 6" PVC SDR 26 SANITARY SERV. @ 1.30% (SEE CROSSING STD-009) C-STORE 7,000 S.F. 87.5'80.0'FF=652.70 PROPANE PAD ±20'x20' PROP. 5' CONC. SIDEWALK DETE C T A B L E WAR NI N G ( T Y P.) OIL/WATER SEPARATOR FUEL CANOPY FUEL CANOPY 24.0'64.0' 32.0'161.0'PROP. 20' WIDE EMERGENCY OVERFLOW SPILLWAY WIER ELEV.=649.00 @1.9%PR. 2'x20' MONUMENT SIGN UNDERGROUND FUEL TANKS UNDERGROUND FUEL TANKS VACUUM CANOPY PAY STATION CANOPY PR. 6" PVC @ BLDG. INV=646.16 PR SAN M.H. RIM = 649.50 10" INV N=634.24 10" INV SW=634.22 62 L.F. OF 6" PVC SDR 26 SAN SERV @ 2.15% 28 L.F. OF 6" PVC SDR 26 SANITARY SERV. @ 1.50% PR. 6" PVC @ BLDG. INV=646.19 PR. 6" PVC WYE INV=642.72 RISER INV=644.42 PR. 6" PVC @ BLDG. INV=646.67 24 L.F. OF 6" PVC SDR 26 SANITARY SERV @ 1.20% 90 L.F. OF 6" PVC SDR 26 SANITARY SERV @ 1.00% 8" PVC @ 1% 8" PVC @ 1% PROP. DEPRESS CURB SPECIAL (TYP) 3" DRAIN @ 1% (TYP) 3" PVC - 15' @ 1% (TYP) FIELD VERIFY SANITARY SEWER STUB LOCATION & ELEVATION IF STUB DOES NOT CROSS THE ROAD TRENCHLESS CROSSING WILL BE REQUIRED. (OPEN CUTTING WILL NOT BE ALLOWED) PR 2" WATER SERVICE, COPPER TY. K - 260 L.F. (TO BE CONFIRMED w/ ANY FIRE PROTECTION REQUIREMENTS) PR 6" D.I. WATER SERVICE - 95 L.F. (PER FIRE PROTECTION REQUIREMENTS) SPLIT DOMESTIC WATER SERVICE IN BUILDING PR FIRE HYDRANT & 6" VALVE & BOX FG-650.50 PR 90° BEND PR 8"x6" TAPPING SLEEVE W/ 6" VALVE IN VAULT RIM-648.50 PR 22 1/2° BEND EX FIRE HYDRANT RELOCATED 5 L.F. OF 10" PVC SDR 26 SANITARY SEWER @ 0.40%30'30' AVG. OF HWL TO BOTTOM OF POND = 647.25 IL R O U T E 4 7W A T E R P A R K W A Y /27 55.0' 15' P.U. & D.E. 1 0 ' P .U . & D .E .CENTERLINE OFRESTRICTEDRIGHT-IN / RIGHT-OUTACCESS108'PR CORE & BOOT CONNECTION 12" INV N.=644.53 PR 12" PVC C900 CASING PIPE 24 ln.ft. MIN. 10' EACH SIDE STM XING PR 4" PVC C900 CASING PIPE 24 ln.ft. MIN. 10' EACH SIDE STM XING PROP.RIP-RAP APRON W/ FABRIC, RR-3, 12" THICK, (TYP) 645.5 645.5PR 6" DI WATER MAIN TO FH - 170 L.F. PR 3/4" WATER SERVICE COPPER TY. K - 122 L.F. PR TRIPLE SEPARATOR TANKS FOR CAR WASH RIM = 650.30 6" W INV= 645.75 6" N INV= 645.77 PR. FUTURE EDGE OF PAVEMENT @1.2% @1.7% @1.7%@4.2%@4.2% @ 3. 6 %@1.6%PR 45° BEND PR 6 x 6 TEE 6" PVC SDR26 - 66' @ 1% 6" DS INV=647.9 (TYP) 8" PVC SDR26 - 65' @ 1% X X X X X X X X X X X X X X X X X X X X X X X UNDERGROUNGFUEL TANKPR TRENCH DRAIN (SEE DETAIL) 6" PVC DS @ 1% (TYP) 8" PVC @ 1%IL R O U T E 4 7W A T E R P A R K W A Y /27IL R O U T E 4 7IL R O U T E 4 7W A T E R P A R K W A Y /27FOLLOW IDOT POLICY BSE 4-15REGARDING DROP OFF NEAR THEEDGE OF IL RTE 47 DURING PAVEMENTEXCAVATION AND CONSTRUCTIONSITE UTILITY PLANGAS N WASHUNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOISSITE IMPROVEMENT PLANS08/14/19JWPSUBMIT FOR REVIEW09/23/2019BPHPER CITY REVIEW10/9/2019BPHPER CITY, YBSD, IDOT REVIEW10/17/2019RARPER IDOT REVIEW10/25/2019RARPER Y.B.S.D. REVIEW10/28/2019BPHSTORM SEWER REVISIONS10/31/2019BPHPER Y.B.S.D. REVIEW11/12/2019BPHPER CITY REVIEW12/3/2019BPHIDOT REVIEW12/5/2019BPHGENERAL REVISIONS1/27/2020BPHADDED CARWASH ROOF DRAINS2/18/2020BPHREV. UST's LOCATION© 2018 M.GINGERICH, GEREAUX & ASSOCIATES SHEET NO. OFDESIGN:DRAWING:CHECKED:APPROVED:PLAN EDITION MILESTONESDATEBYDESCRIPTIONCIVIL ENGINEERINGSURVEYINGM GINGERICH GEREAUX & ASSOCIATES2MGAProfessional Design Firm License # 184.005003www.mg2a.com 25620 S. GOUGAR RD. | MANHATTAN, IL. 60442P. 815-478-9680 F. 815-478-9685C5 C14 NICOR GAS SERVICE (BY NICOR) UNDERGROUND 2" HDPE GAS LINE & 2-3" PVC COMMUNICATION LINES (BY UNDERGROUND CONTRACTOR) UNDERGROUND 1/2" PVC AIR LINE (BY UNDERGROUND CONTRACTOR) NOTE: UNDERGROUND CONTRACTOR SHALL BE RESPONSIBLE FOR SOME UNDERGROUND SITE GAS, COMMUNICATION AND AIR LINES AS SHOWN: 3/4" COPPER WATER LINE SIZE TO BE VERIFIED PRIOR TO CONSTRUCTION (BY UNDERGROUND CONTRACTOR), TO BE SPLIT INSIDE THE BLDG, AFTER THE DOMESTIC METER 1.00 Manhole Type A, 4' Dia w/ EJIW 1050 Fr & M1 Gr Rim-648.50 12" INV S = 644.62 12" INV NE = 644.64 1.10 Manhole Type A, 4' Dia w/ EJIW 1050 Fr & M1 Gr Rim-650.00 12" INV SW =645.23 12" INV NE =645.25 1.20 Catch Basin Type A, 6' Dia w/ EJIW 120 Fr & M1 Gr Outlet Control Structure (see detail) Rim-651.00 12" INV SW =645.88 12" INV NW =645.90 1.30 PRC Flared End Section 12" INV SE = 646.00 2.00 PRC Flared End Section 18" INV SW = 646.00 2.10 Manhole Type A, 4' Dia w/ EJIW 1050 Fr & M1 Gr Rim-649.20 18" INV E =646.09 12" INV W =646.11 18" INV S = 646.11 2.12 Inlet Type B w/EJIW 1050 Fr & M1 Gr Rim-650.20 12" INV NE =646.27 8" INV W = 646.50 2.20 Manhole Type A, 4' Dia w/ EJIW 1050 Fr & M1 Gr Rim-649.30 18" INV N =646.34 18" INV W =646.36 2.30 Manhole Type A, 4' Dia w/ EJIW 1050 Fr & M1 Gr Rim-649.35 18" INV E =646.53 12" INV NW =646.55 12 " INV W =646.55 2.32 Manhole Type A, 4' Dia w/ EJIW 1050 Fr & M1 Gr Rim-650.80 12" INV SE =646.65 8" INV W =647.15 8" INV NW =647.15 2.34 Clean-Out FG-652.50 8" INV E =647.40 2.36 Clean-Out FG-652.50 8" INV SE =647.58 2.40 Inlet Type B w/ EJIW 1050 Fr & M1 Gr Rim-649.50 12" INV E =646.89 12" INV SW S =646.91 2.41 Inlet Type B w/ EJIW 1050 Fr & M1 Gr Rim-650.00 12" INV W =647.33 12" INV NE =647.31 2.50 Inlet Type A w/ EJIW 1050 Fr & M1 Gr Rim-649.70 12" INV NE E =647.47 3.00 PRC Flared End Section 18" INV NW = 646.00 3.10 Inlet Type B w/ EJIW 1050 Fr & M1 Gr Rim-649.20 18" INV E =646.09 18" INV SW =646.11 12" INV SW = 646.19 3.20 Manhole Type A, 4' Dia w/ EJIW 1050 Fr & M1 Gr Rim-649.50 18" INV NE =646.44 12" INV SW=646.64 12" INV NW =646.79 3.22 Inlet Type A w/ EJIW 1050 Fr & M1 Gr Rim-649.70 12" INV NE =646.79 3.30 Manhole Type A, 4' Dia w/ EJIW 1050 Fr & M1 Gr Rim-649.70 12" INV SE=647.01 12" INV W =647.03 12" INV N =647.03 3.40 Inlet Type A w/ EJIW 1050 Fr & M1 Gr Rim-649.30 12" INV E =647.37 3.32 Inlet Type B w/ EJIW 1050 Fr & M1 Gr Rim-652.20 12" INV S =647.21 8" INV W =647.68 8" INV N =648.40 3.34 DS Connect FG-652.20 8" INV E =648.00 3.36 Trench Drain Rim-652.20 8" INV S =648.70 4.00 PRC Flared End Section 12" INV S = 646.00 4.10 Inlet Type A w/ EJIW 1050 Fr & M1 Gr Rim-649.20 12" INV N =646.11 8" INV SW = 646.60 5.0 PRC Flared End Section 18" INV S = 646.00 5.02 OIL/WATER Separator ADS 36" x 20' RIM=649.70 10" INV W = 646.05 10" INV E = 646.05 5.10 Manhole Type A, 5' Dia w/ EJIW 1050 Fr & M1 Gr Rim-649.20 18" INV N =646.44 10" INV NE=646.07 .12" INV S =646.09 12" INV SE =646.09 5.30 Inlet Type B w/ EJIW 1050 Fr & M1 Gr Rim-649.30 12" INV N =646.46 12" INV S =646.48 5.40 Inlet Type A w/ EJIW 1050 Fr & M1 Gr Rim-649.50 12" INV N =647.10 5.20 Inlet Type B w/ EJIW 1050 Fr & M1 Gr Rim-650.40 12" INV NW =646.95 8" INV W =646.97 8" INV SW =646.97 5.26 Clean-Out FG-650.70 8" INV E =647.53 8" INV S =647.55 5.22 Clean-Out FG-651.20 8" INV NE =647.37 8" INV S =647.39 5.28 Clean-Out FG-650.90 8" INV N =648.65 5.24 Clean-Out FG-650.90 8" INV N =648.23 6.00 PRC Flared End Section 23"x14" EL. INV = 647.40 6.10 PRC Flared End Section 23"x14" EL. INV = 647.55 1.00 - EX 19 ln. ft. - 12'' RCP @ 0.43% 1.10 - 1.00 137 ln. ft. - 12'' RCP @ 0.43% 1.20 - 1.10 144 ln. ft. - 12" RCP @ 0.43% 1.30 - 1.20 25 ln. ft. - 12" RCP @ 0.43% 2.10- 2.00 29 ln. ft. - 18'' RCP @ 0.30% 2.12 - 3.10 38 ln. ft. - 12'' RCP @ 0.40% 2.20 - 2.10 92 ln.ft. - 18" RCP @ 0.25% 2.30 - 2.20 67 ln. ft. - 18'' RCP @ 0.25% 2.32 - 2.30 24 ln. ft. - 12'' RCP @ 0.40% 2.34 - 2.32 25 ln. ft. - 8'' PVC C900 @ 1.0% 2.36 - 2.32 43 ln. ft. - 8'' PVC C900 @ 1.0% 2.40 - 2.30 85 ln. ft. - 12'' RCP @ 0.40% 2.41 - 2.40 41 ln. ft. - 12'' RCP @ 0.34% 2.50 - 2.41 140 122 ln. ft. - 12'' RCP @ 0.40 0.34% 3.10 - 3.00 27 ln.ft. - 18" RCP @ 0.30% 3.20 - 3.10 130 ln. ft. - 18'' RCP @ 0.25% 3.22 - 3.20 36 ln. ft. - 12'' RCP @ 0.40% 3.30 - 3.20 43 ln. ft. - 12'' RCP @ 0.50% 3.40 - 3.30 84 ln. ft. - 12'' RCP @ 0.40% 3.32 - 3.30 45 ln. ft. - 12'' RCP @ 0.40% 3.34 - 3.32 32 ln. ft. - 8'' PVC @ 1.0% 3.36 - 3.32 15 ln. ft. - 8'' PVC @ 2.0% 4.10 - 4.00 27 ln. ft. - 12'' RCP @ 0.40% 5.10 - 5.00 28 ln. ft. - 18'' RCP @ 1.57% 5.01 - 5.02 34 ln. ft. - 10" PVC @ 0.15% 5.02 - 5.10 12 ln. ft. - 10" PVC @ 0.20% 5.30 - 5.10 91 ln. ft. - 12'' RCP @ 0.40% 5.40 - 5.30 153 ln. ft. - 12'' RCP @ 0.40% 5.20 - 5.10 171 ln. ft. - 12'' RCP @ 0.50% 5.26 - 5.20 70 ln. ft - 8" PVC @ 0.80% 5.22 - 5.20 49 ln. ft. - 8'' PVC @ 0.80% 5.28 - 5.26 157 ln. ft. - 8'' PVC @ 0.70% 5.24 - 5.22 133 ln. ft. - 8'' PVC @ 0.70% 6.00 - 6.10 148 ln. ft. - 23"x14" EL RCP @ 0.10% X X X X X X:\Projects\2019\19-451 - NEC Waterpark Way & Rte. 47 Yorkville - Gas N Wash\DWG\8-Site\SITE UTILITY PLAN.dwg, C4 UTILITY, 2/18/2020 12:30:32 PM, rraab GASB GAS N WASH ‐ YORKVILLE UNITED CITY OF YORKVILLE UNIT QUANTITIY UNIT PRICE COST FOOT 510 50.00$          25,500.00$      EACH 3 3,000.00$     9,000.00$        SQ FT 2,556 5.00$             12,780.00$      TOTAL COST 47,280.00$      PCC SIDEWALK, 5" ‐ W/ AGG SUB‐BASE, 4" SANITARY SEWER  ROADWAY  UTILITIES SANITARY SEWER PVC SDR 26, 10" SANITARY MANHOLE, 4' DIA W/ FR & LID 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 2020-60 Kendall Marketplace – Single Family Residential Public Works Committee – October 20, 2020 Majority Consideration of Approval Subdivision Acceptance Consideration Brad Sanderson Engineering Name Department The developer has requested that the City accept the public improvements for ownership and maintenance. All work related to the public improvements, including punch list work has been completed. We recommend that the public improvements (water main, sanitary sewer, storm sewer, paving, sidewalk, street lighting and parkway trees) as described in the attached Bill of Sale be accepted for ownership and maintenance by the City. As required by City Code, the developer will be responsible to provide a performance guarantee to cover the one-year maintenance period. The guarantee should be in the amount of ($35,265.20). This period starts after the City formally accepts the improvements. Original Value $352,652.00 Current Value (West Suburban Bank LOC #2001) $143,330.40 Net Allowable Reduction $108,065.20 Required Value (10% of Original) $35,265.20 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, City Clerk Date: October 20, 2020 Subject: Kendall Marketplace – Residential 1 BILL OF SALE Seller, _______________, in consideration of One and 00/100th Dollar ($1.00), receipt hereby acknowledged, does hereby sell, assign, transfer and convey to the Buyer, the United City of Yorkville, an Illinois municipal corporation, at 800 Game Farm Road, Yorkville, Illinois 60560, the following personal property to wit described in Exhibit A attached hereto for the development known as Kendall Marketplace – Residential and generally shown on Exhibit B. Seller hereby represents and warrants to Buyer that Seller is the absolute owner of said property, that said property is free and clear of all liens, charges and encumbrances, and that Seller has full right, power, and authority to sell said property and to make this Bill of Sale. IN WITNESS WHEREOF, Seller has signed and sealed this Bill of Sale at ___________________________________, this _____ day of _______________, 20__. ________________ Signature of Seller Subscribed and Sworn to before me this _____ day of _____________, 20__. _______________________ Notary Public EXHIBIT A KENDALL MARKETPLACE ‐ RESIDENTIAL UNITED CITY OF YORKVILLE UNIT QUANTITY UNIT QUANTITY FOOT 1,342 FOOT 2,985 FOOT 1,118 FOOT 215 EACH 3 EACH 6 EACH 5 EACH 28  FOOT 99 FOOT 3,579 FOOT 1,246 EACH 2 EACH 9 EACH 8 EACH 19 FOOT 288  FOOT 2,560 FOOT 1,652 FOOT 932 FOOT 708 FOOT 391 FOOT 255 FOOT 130 FOOT 156 FOOT 174 EACH 2 EACH 18 EACH 5 EACH 11  EACH 14 EACH 13  EACH 6 EACH 3  EACH 4  EACH 2 EACH 1  EACH 2 EACH 22 EACH 2 EACH 4 EACH 1 EACH 1 EACH 10 SQ FT 21,465  SQ YD 704 ROADWAY BLACKBERRY SHORE LANE HIGH RIDGE LANE HMA SHARED USE PATH FLARED END SECTION WITH GRATE, 30" FLARED END SECTION WITH GRATE, 42" MISCELLANOUS UNDERGROUND CONSTRUCTION STREET LIGHTS COMPLETE WITH CABLE PCC SIDEWALK 5' WITH AGG. SUBBASE (6" THRU DRIVE WITH 5"  AGG BASE) CATCH BASIN, TYPE C, 4' DIAMETER, R‐3286‐8V CATCH BASIN, TYPE C, 4' DIAMETER, R‐3015 CATCH BASIN, TYPE C, 4' DIAMETER, R‐2502 CATCH BASIN, TYPE C, 5' DIAMETER, R‐3015 MANHOLES, TYPE A, 6' DIAMETER, TYPE 1 FRAME, OPEN LID MANHOLES, TYPE A, 6' DIAMETER, TYPE 1 FRAME, CLOSED LID MANHOLES, TYPE A, 6' DIAMETER, R‐2502 MANHOLES, TYPE A, 8' DIAMETER, TYPE 1 FRAME, CLOSED LID INLETS, TYPE A 2' DIAMETER, TYPE 8 GRATE MANHOLES, TYPE A, 4' DIAMETER, TYPE 1 FRAME, CLOSED LID MANHOLES, TYPE A, 4' DIAMETER, R‐2502 MANHOLES, TYPE A, 5' DIAMETER, TYPE 1 FRAME, CLOSED LID MANHOLES, TYPE A, 5' DIAMETER, R‐2502 STORM SEWERS, CLASS A, 27" STORM SEWERS, CLASS A, 30" STORM SEWERS, CLASS A, 36" STORM SEWERS, CLASS A, 42" INLETS, TYPE A 2' DIAMETER, R‐3286‐8V INLETS, TYPE A 2' DIAMETER, R‐3015 STORM SEWER CONSTRUCTION STORM SEWERS, CLASS A, 12" STORM SEWERS, CLASS A, 15" STORM SEWERS, CLASS A, 18" STORM SEWERS, CLASS A, 21" STORM SEWERS, CLASS A, 24" 16‐INCH WATER MAIN, DUCTILE IRON WATER VALVE AND VALVE BOX, 8" VALVE AND VALVE VAULT, 12" VALVE AND VALVE VAULT, 16" FIRE HYDRANTS WITH AUXILARY VALVE 2‐INCH WATER SERVICE INCLUDING TRENCH BACKFILL 4' MANHOLES (>15' DEEP) SANITARY SEWER SERVICE INCLUDING TRENCH BACKFILL (LONG) WATER MAIN CONSTRUCTION 8‐INCH WATER MAIN, DUCTILE IRON 12‐INCH WATER MAIN, DUCTILE IRON UTILITIES SANITARY SEWER CONSTRUCTION 8" PVC (SDR 26) SANITARY SEWER (0'‐15' DEEP) 8" PVC (SDR 21) SANITARY SEWER (15'‐20' DEEP) 4' MANHOLES (<10' DEEP) 4' MANHOLES (10'‐15' DEEP) ()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()- ()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()- ()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()- ()-()-()-()-()-()-()-()-()- ()- ()-()-()-()-()-()-()-()-()-()-()-()-()- ()- ()- ()- ()- ()-()-()-()-()-()- Be e c h e r Rd Yellowstone Ln IsabelDrCannonball TrlHigh Ridge LnR edTailCt W h it e Pl ain s Ln RedTailLn Denise Ct Canyon Trail Ct NBeecherRd AlanDaleLnIroqois LnGillespie LnWestern Ln Edward LnBlackberry Shore Ln N orthland Ln Canyon Trl Engineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 EXHIBIT BKENDALL MARKETPLACE LOCATION MAPwww.eeiweb.com DATE DATE: PROJECT NO.: FILE: PATH: BY: OCTOBER 2020 YO1729 Kendall Marketplace Location Map H:\GIS\PUBLIC\YORKVILLE\2020\ MJT NO.REVISIONS ³United City of Yorkville800 Game Farm RoadYorkville, IL 60560630-553-4350www.yorkville.il.us 300 0 300150Feet Legend DEVELOPMENT BOUNDARY GASB KENDALL MARKETPLACE ‐ RESIDENTIAL UNITED CITY OF YORKVILLE UNIT QUANTITY UNIT PRICE COST FOOT 1,342 26.50$              35,568.30$           FOOT 1,118 30.00$              33,528.00$           EACH 3 2,100.00$        6,300.00$             EACH 6 2,520.00$        15,120.00$           EACH 5 3,150.00$        15,750.00$           EACH 28 2,250.00$        63,000.00$           FOOT 99 28.00$              2,772.00$             FOOT 3,579 38.50$              137,791.50$        FOOT 1,246 60.00$              74,760.00$           EACH 2 1,060.00$        2,120.00$             EACH 9 3,000.00$        27,000.00$           EACH 8 4,800.00$        38,400.00$           EACH 19 2,535.00$        48,165.00$           FOOT 288 20.00$              5,760.00$             FOOT 2,560 19.50$              49,927.80$           FOOT 1,652 21.00$              34,683.60$           FOOT 932 25.00$              23,310.00$           FOOT 708 28.00$              19,815.60$           FOOT 391 35.00$              13,692.00$           FOOT 255 40.00$              10,216.00$           FOOT 130 45.00$              5,841.00$             FOOT 156 55.00$              8,585.50$             FOOT 174 60.00$              10,422.00$           EACH 2 700.00$            1,400.00$             EACH 18 700.00$            12,600.00$           EACH 5 700.00$            3,500.00$             EACH 11 1,400.00$        15,400.00$           EACH 14 1,400.00$        19,600.00$           EACH 13 1,785.00$        23,205.00$           EACH 6 1,785.00$        10,710.00$           EACH 3 2,400.00$        7,200.00$             4' MANHOLES (10'‐15' DEEP) WATER MAIN CONSTRUCTION 8‐INCH WATER MAIN, DUCTILE IRON 12‐INCH WATER MAIN, DUCTILE IRON 16‐INCH WATER MAIN, DUCTILE IRON FIRE HYDRANTS WITH AUXILARY VALVE 2‐INCH WATER SERVICE INCLUDING TRENCH BACKFILL WATER VALVE AND VALVE BOX, 8" VALVE AND VALVE VAULT, 12" VALVE AND VALVE VAULT, 16" UTILITIES STORM SEWER CONSTRUCTION STORM SEWERS, CLASS A, 12" STORM SEWERS, CLASS A, 15" STORM SEWERS, CLASS A, 18" 4' MANHOLES (>15' DEEP) SANITARY SEWER SERVICE INCLUDING TRENCH BACKFILL  (LONG) SANITARY SEWER CONSTRUCTION 8" PVC (SDR 26) SANITARY SEWER (0'‐15' DEEP) 8" PVC (SDR 21) SANITARY SEWER (15'‐20' DEEP) 4' MANHOLES (<10' DEEP) MANHOLES, TYPE A, 4' DIAMETER, TYPE 1 FRAME,  CLOSED LID MANHOLES, TYPE A, 4' DIAMETER, R‐2502 STORM SEWERS, CLASS A, 42" INLETS, TYPE A 2' DIAMETER, R‐3286‐8V INLETS, TYPE A 2' DIAMETER, R‐3015 INLETS, TYPE A 2' DIAMETER, TYPE 8 GRATE MANHOLES, TYPE A, 5' DIAMETER, TYPE 1 FRAME,  MANHOLES, TYPE A, 5' DIAMETER, R‐2502 MANHOLES, TYPE A, 6' DIAMETER, TYPE 1 FRAME, OPEN  LID STORM SEWERS, CLASS A, 21" STORM SEWERS, CLASS A, 24" STORM SEWERS, CLASS A, 27" STORM SEWERS, CLASS A, 30" STORM SEWERS, CLASS A, 36" GASB KENDALL MARKETPLACE ‐ RESIDENTIAL UNITED CITY OF YORKVILLE UNIT QUANTITY UNIT PRICE COST UTILITIES EACH 4 2,400.00$        9,600.00$             EACH 2 2,400.00$        4,800.00$             EACH 1 5,500.00$        5,500.00$             EACH 2 1,325.00$        2,650.00$             EACH 22 1,325.00$        29,150.00$           EACH 2 1,325.00$        2,650.00$             EACH 4 1,750.00$        7,000.00$             EACH 1 1,300.00$        1,300.00$             EACH 1 2,000.00$        2,000.00$             EACH 10 3,000.00$        30,000.00$           SQ FT 21,465 6.00$                128,790.00$        SQ YD 704 14.20$              10,000.00$           TOTAL COST 1,009,583.30$     UNIT QUANTITY FOOT 2,985 84.19$              251,314.66$        FOOT 215 74.40$              15,995.22$           TOTAL 2,985 TOTAL COST 251,314.66$        HIGH RIDGE LANE STREET LIGHTS COMPLETE WITH CABLE MISCELLANOUS UNDERGROUND CONSTRUCTION ROADWAY PCC SIDEWALK 5' WITH AGG. SUBBASE (6" THRU DRIVE  WITH 5" AGG BASE) HMA SHARED USE PATH BLACKBERRY SHORE LANE CATCH BASIN, TYPE C, 5' DIAMETER, R‐3015 MANHOLES, TYPE A, 6' DIAMETER, TYPE 1 FRAME,  CLOSED LID MANHOLES, TYPE A, 6' DIAMETER, R‐2502 CATCH BASIN, TYPE C, 4' DIAMETER, R‐3286‐8V CATCH BASIN, TYPE C, 4' DIAMETER, R‐3015 CATCH BASIN, TYPE C, 4' DIAMETER, R‐2502 FLARED END SECTION WITH GRATE, 42" FLARED END SECTION WITH GRATE, 30" MANHOLES, TYPE A, 8' DIAMETER, TYPE 1 FRAME,  CLOSED LID Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #7 Tracking Number PW 2020-61 2021 Road to Better Roads Engineering Agreement Public Works Committee – October 20, 2020 Majority Approval Bart Olson Administration Name Department Summary Approval of a design engineering agreement with EEI for design engineering related to the 2021 RTBR program. Background This item was discussed by the City Council at the September 22, 2020 meeting. At that time, the City Council approved a 2021 RTBR program for areas generally south of the river, including the downtown area, Colonial Parkway, Beaver St, and Greenbriar Road. Accordingly, EEI has submitted an engineering agreement for our consideration for design engineering. Construction engineering contracts will be drafted and considered at a later date. The attached contract contains a $47,226 lump sum cost for design engineering, to be paid from hourly rates listed in the agreement. These amounts are included in the FY 20 budget. Construction is expected to occur in Summer 2021. Recommendation Staff recommends approval of the design engineering agreement with EEI for the 2021 RTBR program. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: October 15, 2020 Subject: 2021 RTBR Engineering Agreement - Design 2021 Roads to Better Roads Program United City of Yorkville 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 Attachment B. Design Engineering for all roadways indicated on Attachment D will be provided. Construction Engineering services are not included and would be provided in a separate agreement. Engineering will be in accordance with all City and Illinois Department of Transportation 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 Attachment C. Design Engineering will be paid for as a Lump Sum in the amount of $47,226.00. The hourly rates for this project are shown in the attached 2019 Standard Schedule of Charges (Attachment F). 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. 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 2021 Roads to Better Roads Program United City of Yorkville Professional Services Agreement Design Engineering 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). 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. 2021 Roads to Better Roads Program United City of Yorkville Professional Services Agreement Design Engineering 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 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 2021 Roads to Better Roads Program United City of Yorkville Professional Services Agreement Design Engineering 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 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 attachments are as follows: 2021 Roads to Better Roads Program United City of Yorkville Professional Services Agreement Design Engineering Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Attachment C: Estimate of Level of Effort and Associated Cost Attachment D: Anticipated Project Schedule Attachment E: Location Map Attachment F: 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 __________________, 2020. United City of Yorkville: Engineering Enterprises, Inc.: _________________________________ ________________________________ John Purcell Brad Sanderson, P.E. Mayor Chief Operating Officer / President _________________________________ ________________________________ Lisa Pickering Joseph W. Cwynar, P.E. City Clerk Senior Project Manager ATTACHMENT A STANDARD TERMS AND CONDITIONS Agreement: These Standard Terms and Conditions, together with the Professional Services Agreement, constitute the entire integrated agreement between the OWNER and Engineering Enterprises, Inc. (EEI) (hereinafter “Agreement”), and take precedence over any other provisions between the Parties. These terms may be amended, but only if both parties consent in writing. Standard of Care: In providing services under this Agreement, the ENGINEER will endeavor to perform in a matter consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under same circumstances in the same locality. ENGINEER makes no other warranties, express or implied, written or oral under this Agreement or otherwise, in connection with ENGINEER’S service. Construction Engineering and Inspection: The ENGINEER shall not supervise, direct, control, or have authority over any contractor work, nor have authority over or be responsible for the means, methods, techniques sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety of the site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor’s furnishing and performing of its work. The ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for contractor’s failure to furnish and perform the work in accordance with the contract documents. The ENGINEER is not responsible for the acts or omissions of any contractor, subcontractor, or supplies, or any of their agents or employees or any other person at the site or otherwise furnishing or performing any work. Shop drawing and submittal review by the ENGINEER shall apply to only the items in the submissions and only for the purpose of assessing if upon installation or incorporation in the project work they are generally consistent with the construction documents. OWNER agrees that the contractor is solely responsible for the submissions and for compliance with the construction documents. OWNER further agrees that the ENGINEER’S review and action in relation to these submissions shall not constitute the provision of means, methods, techniques, sequencing or procedures of construction or extend or safety programs or precautions. The ENGINEER’S consideration of a component does not constitute acceptance of the assembled items. The ENGINEER’S site observation during construction shall be at the times agreed upon in the Project Scope. Through standard, reasonable means the ENGINEER will become generally familiar with observable completed work. If the ENGINEER observes completed work that is inconsistent with the construction documents, that information shall be communicated to the contractor and OWNER for them to address. Opinion of Probable Construction Costs: ENGINEER’S opinion of probable construction costs represents ENGINEER’S best and reasonable judgment as a professional engineer. OWNER acknowledges that ENGINEER has no control over construction costs of contractor’s methods of determining pricing, or over competitive bidding by contractors, or of market conditions or changes thereto. ENGINEER cannot and does not guarantee that proposals, bids or actual construction costs will not vary from ENGINEER’S opinion of probable construction costs. Copies of Documents & Electronic Compatibility: Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also known as hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, ENGINEER makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning of the project. Changed Conditions: If, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to the ENGINEER are revealed, to the extent that they affect the scope of services, compensation, schedule, allocation of risks, or other material terms of this Agreement, the ENGINEER may call for renegotiation of appropriate portions of this Agreement. The ENGINEER shall notify the OWNER of the changed conditions necessitating renegotiation, and the ENGINEER and the OWNER shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this Agreement, in accordance with the termination provision hereof. Hazardous Conditions: OWNER represents to ENGINEER that to the best of its knowledge no Hazardous Conditions (environmental or otherwise) exist on the project site. If a Hazardous Condition is encountered or alleged, ENGINEER shall have the obligation to notify OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental officials. It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a Hazardous Condition. In the event ENGINEER or any other party encounters a Hazardous Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the project affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Condition; and (ii) warrants that the project site is in full compliance with applicable Laws and Regulations. Consequential Damages: Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective officers, directors, partners, employees, contractors, or subcontractors shall be liable to the other or shall make any claim for any incidental, indirect, or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. Termination: This Agreement may be terminated for convenience, without cause, upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation as set forth in the Professional Services Agreement for all costs incurred through the date of termination. Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days’ written notice for the following reasons: (a) Substantial failure by the other party to comply with or perform in accordance with the terms of the Agreement and through no fault of the terminating party; (b) Assignment of the Agreement or transfer of the project without the prior written consent of the other party; (c) Suspension of the project or the ENGINEER’S services by the OWNER for a period of greater than ninety (90) calendar days, consecutive or in the aggregate. (d) Material changes in the conditions under which this Agreement was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. Payment of Invoices: Invoices are due and payable within 30 days of receipt unless otherwise agreed to in writing. Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the OWNER or the ENGINEER. The ENGINEER’S services under this Agreement are being performed solely and exclusively for the OWNER’S benefit, and no other party or entity shall have any claim against the ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, vendors and other entities involved in this Project to carry out the intent of this provision. Force Majeure: Each Party shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and the nonperforming party promptly provides notice of such prevention to the other party. Such excuse shall be continued so long as the condition constituting force majeure continues. The party affected by such force majeure also shall notify the other party of the anticipated duration of such force majeure, any actions being taken to avoid or minimize its effect after such occurrence, and shall take reasonable efforts to remove the condition constituting such force majeure. For purposes of this Agreement, “force majeure” shall include conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer. Additional Terms or Modification: 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. Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under or interest in this Agreement without the prior written consent of the other party. Subcontracting normally contemplated by the ENGINEER shall not be considered an assignment for purposes of this Agreement. Waiver: A party’s waiver of, or the failure or delay in enforcing any provision of this Agreement shall not constitute a waiver of the provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Attorney’s Fees: In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover from the other all costs and expenses including without limitation the reasonable fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the Court may adjudge reasonable. Headings: The headings used in this Agreement are inserted only as a matter of convenience only, and in no way define, limit, enlarge, modify, explain or define the text thereof nor affect the construction or interpretation of this Agreement. 2021 Roads to Better Roads Program United City of Yorkville Professional Services Agreement - Design Engineering Attachment B – Scope of Services Design Engineering: • Process required documents with the Illinois Department of Transportation for Motor Fuel Tax Projects including: o BLR14220 - Resolution o BLR14222 - Municipal Estimate of Maintenance Costs o BLR11510 - Preliminary Estimate of Cost • Conduct site visit(s) to assess condition of existing pavement, curb and gutter, sidewalk, drainage, structures and identify non-compliant sidewalk curb ramps. • Obtain, review and inventory existing utility, roadway, right-of-way, ownership, soil data, etc. • Obtain utility information to identify potential conflicts, as necessary. • Obtain geotechnical site data, consisting of pavement cores taken every 750-1000 feet, as necessary. • Coordinate documentation for CCDD Management of soils, as necessary. • Coordinate and develop with City Staff the final scope of improvements • Confirm pavement design and rehabilitation methodology. • Prepare MFT General Maintenance Section bid package, and ancillary documents, including: o BLR 12200 – Local Public Agency Formal Contract Proposal o BLR 12200 A – Schedule of Prices o BLR 12230 - Bid Bond Form o BLR 12325 - Apprenticeship Certification o BLR 12326 – Affidavit of Illinois Business Office o BC57 - Affidavit of Availability o BLR11310 – Special Provisions o Index for Supplemental Specifications and Recurring Special Provisions o Check Sheet for Recurring Special Provisions o Special Provisions o Bureau of Design and Environment Special Provisions/Check sheets o Local Roads Special Provisions o District Three Special Provisions o Location Map o City Provisions & Details o Existing/Proposed Typical Sections o Highway Standards o Prevailing Wage o BLR 14232 – Municipal Maintenance Operations • Adams Street (W. Ridge Street to W. Hydraulic Avenue) • Beaver Street (IL Route 47 to Deer Street) • Colonial Parkway (IL Route 47 to IL Route 126) • Morgan Street (W. Hydraulic Avenue to W. Fox Street) • State Street (W. Hydraulic Avenue to W. Ridge Street) • W. VanEmmon Street (S. Main Street to Morgan Street) • Heustis Street (E. Fox Street to E. Hydraulic Avenue) • Mill Street (E. Fox Street to E. VanEmmon Street) 2021 Roads to Better Roads Program United City of Yorkville Professional Services Agreement Design Engineering Attachment B - Scope of Services • W. Hydraulic Avenue (IL Route 47 to Morgan Street) • W. Madison Street (Morgan Street to S. Main Street) • Greenbriar Road (Walsh Drive to IL Route 47) • Coordinate IDOT and City review, including revisions and approval • Prepare preliminary and final cost estimates • Assist in bidding, contractor/bid evaluations, contract preparation and additional contract administration as required; facilitate IDOT approval of Contract • Attend public meetings with Staff to review design progress • Provide all bid packages in 8 ½” x 11½” format • Provide planning/design/construction schedule and frequent updates regarding any potential items affecting the schedule ATTACHMENT C - ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES 2021 ROADS TO BETTER ROADS PROGRAM United City of Yorkville 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 ENGINEER MANAGER MANAGER TECHNICIAN II MANAGER TECHNICIAN ADMIN.SUMM.ITEM NO.WORK ITEM HOURLY RATE:$208 $197 $153 $141 $197 $178 $153 $153 $141 $70 FINAL ENGINEERING 2.1 Project Management and Administration 6 16 4 26 5,012$ 2.2 Project Meetings (2 meetings)4 4 6 - 14 2,538$ 2.3 Geotechnical Investigation (Coordination, Field Work, Review Report)6 - 6 918$ 2.4 Analyze/Finalize Roadway Rehabilitation Methods 8 - 8 1,224$ 2.5 Site Review, Identification of Required Improvements 48 48 7,344$ 2.6 Prepare Pre-Final Bid Package/Exhibits- 50%2 36 8 46 7,030$ 2.7 Prepare Pre-Final Bid Package/Exhibits - 90%4 40 8 52 8,036$ 2.8 Prepare Engineer's Opinion of Probable Construction Cost - 90%2 2 12 16 2,646$ 2.9 Submit Bid Package for IDOT Review 2 8 2 12 1,758$ 2.10 Revise and Resubmit Bid Package for IDOT Approval/Advertisement 2 8 4 14 2,182$ 2.11 Bidding and Contracting 2 4 18 4 28 4,238$ Final Engineering Subtotal:14 36 194 - - - - - 20 6 270 42,926$ PROJECT TOTAL:14 36 194 - - - - - 20 6 270 42,926 Printing =-$ 39,686$ CCDD (pH testing) =500$ -$ Geotechnical (Rubino) =3,800$ 2,820$ Material Testing (Rubino) =-$ 420$ 42,926$ DIRECT EXPENSES =4,300$ 47,226$ G:\Public\Yorkville\2020\YO2025-P 2021 Road Program\PSA\[04. Attachment C - Fee Estimate.xlsx]Fee Summary - design only TOTAL EXPENSES = ENGINEERING SURVEYING DRAFTING PROJECT ROLE: DIRECT EXPENSES LABOR SUMMARY Engineering Expenses = Surveying Expenses = Drafting Expenses = Administrative Expenses = TOTAL LABOR EXPENSES = WORKYear:ITEMMonth:NO. WORK ITEM Week Starting:123412341234123412341234123412341234FINAL DESIGN ENGINEERING2.1 Project Management and Administration2.2 Project Meetings2.3 Geotechnical Investigation (Coordination, Field Work, Review Report)2.4 Analyze/Finalize Roadway Rehabilitation Methods2.5 Site Review, Identification of Required Improvements2.6 Prepare Pre-Final Bid Package/Exhibits- 50% 2.7 Prepare Pre-Final Bid Package/Exhibits- 90%2.8 Prepare Engineer's Opinion of Probable Construction Cost - 90%2.9 Submit Bid Package for IDOT Review; IDOT Review2.10 Revise and Resubmit Bid Package for IDOT Approval/Advertisement2.11 Bidding and Contracting\\Milkyway\EEI_Storage\Docs\Public\Yorkville\2020\YO2025-P 2021 Road Program\PSA\[5 - Attachment D - Schedule.xls]Design ScheduleLegendProject Management & QC/QA PreliminaryMeeting(s) Design Work ItemBidding and Contracting ConstructionATTACHMENT D:ANTICIPATED PROJECT SCHEDULE2021 ROADS TO BETTER ROADS PROGRAMUNITED CITY OF YORKVILLE20202021JulyNovember December January February March April May June ()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()- ()-()-()- ()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()- ()-()-()-()-()-()-()-()-()-()-( )-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-( )-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-( ) - 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( ) -()-( ) -()-()-()- ()- ()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()- ()-()-( ) -()-()-()-( ) -()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()- ()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-( ) - Stagecoac h Van Emmon Be n j a m i nDeerMaple Barberr y Beaver Green BriarWalsh Colonial R a i n t r e e Blaine Wolf Crooked CreekElizabeth BadgerGarden AsterJa m e s t o w n Windsor Illini Wooden BridgeWalter Wood SageWoodl a n d ColumbineDydyna CornerstoneWestwindCoralberry BatorTomasik CandleberryRodak Buckthorn Sunflower Buhrmast er TrilliumMeadow R o s e Hawthorne Fountainview SpicebushMansf ie ld Sch o o l h o u s e Walsh Dr E Main St Morgan StNorwayCirIlliniCtScho o l h o u s e R d WalshCt Illinoi s Rout e #126 Burning Bush Dr Wooddal e Dr Trill i u m Ct Benjamin StMorgan StGardenSt Wa l s h C i r Fir Ct CandleberryLnSpicebushCt Madison CtRodakStKingStBellSt HawthorneCt S Main StState StAdamsStJefferson StC o r n e r s t o n e Dr Van Emmon RdWhi te Oak WayChurch StW Madison St W VanEmmon St W HydraulicAve W Ridge St Green Briar RdWh i t eOa k W a y ColumbineCtOakwoodStBuhrmasterCt BlaineSt E Fox StN Bridge StE Hydraulic Ave E Van Emmon St BuckthornCt E Washington St S Main StState StAdrian StW Dolph St W Orange St W Beecher St W Washington St Liberty StHeustis StRa i n t r e eRdMill StW Main St W River St W Fox StRiverBirch LnGawne Ln WalshDrIlliniDrW Dolph StSpruceCt Bruell StSandersCtTo m a s i k Ct Olsen St E Ridge St McHughRdWalter St Deer StWorsley StS Bridge StS Bridge StGreenfieldTurnWolfSt Beaver St W HydraulicAve E Orange St River Birch Dr WoodlandDrWestwindDrColumbine DrAsterDrScho o l h o u s e Rd Nor w a y C i r BadgerStCrookedCreek DrStagecoach TrailWood SageAveElizabethSt Colonial Pkwy E Barberry CirGarden CirW Barberry CirWooden Bridge DrLegend 2021 Road Program .WalshEngineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 ATTACHMENT EPROPOSED 2021 RTBR PROGRAM LOCATION MAP www.eeiweb.com DATE: PROJECT NO.: FILE: PATH: BY: OCTOBER 2020 YO2025 YO2025_Paving .MXD H:\GIS\PUBLIC\YORKVILLE\2020\ KKP United City of Yorkville800 Game Farm RoadYorkville, IL 60560630-553-4350 ³ Attachment F Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #8 Tracking Number PW 2020-62 Fox Hill Roadway Improvements (Rebuild Illinois) Engineering Agreement Public Works Committee – October 20, 2020 Majority Approval Bart Olson Administration Name Department Summary Approval of a design engineering agreement with EEI for design engineering related to the 2021 Rebuild IL program, for roadway resurfacing in Fox Hill. Background This item was discussed by the City Council at the September 22, 2020 meeting. At that time, the City Council approved a program for use of approximately $1.2m in Rebuild IL funds in the Fox Hill subdivision (map attached at the end of the engineering agreement). Accordingly, EEI has submitted an engineering agreement for our consideration for design engineering. Construction engineering contracts will be drafted and considered at a later date. The attached contract contains a $83,731 lump sum cost for design engineering, to be paid from hourly rates listed in the agreement. These amounts were not contemplated in the FY 21 budget proposal, but Finance Director Fredrickson has opined that enough other projects have been delayed or deferred and a budget amendment is not needed at this time. There is a chance that a budget amendment will be needed at a later date. Construction is expected to occur in Summer 2021. Recommendation Staff recommends approval of the design engineering agreement with EEI for the 2021 Rebuild IL program. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: October 15, 2020 Subject: 2021 Rebuild IL program, design engineering contract Fox Hill Roadway Improvements – Rebuild Illinois United City of Yorkville 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 Attachment B. Design Engineering for all roadways indicated on Attachment E will be provided. Construction Engineering services are not included and would be provided in a separate agreement. Engineering will be in accordance with all City and Illinois Department of Transportation 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 Contractor 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 Attachment C. Design Engineering will be paid for as a Lump Sum in the amount of $83,731.00 The hourly rates for this project are shown in Attachment F. All payments will be made accordingly 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. 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 Fox Hill Roadway Improvements – Rebuild Illinois United City of Yorkville Professional Services Agreement Design Engineering 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 Kane County, Illinois. G. Independent Contractor: Contractor 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). 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. Fox Hill Roadway Improvements – Rebuild Illinois United City of Yorkville Professional Services Agreement Design Engineering 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 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 Fox Hill Roadway Improvements – Rebuild Illinois United City of Yorkville Professional Services Agreement Design Engineering 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 attached Exhibits. Except for those terms included on the Exhibits, 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 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 Attachments are as follows: Fox Hill Roadway Improvements – Rebuild Illinois United City of Yorkville Professional Services Agreement Design Engineering Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Attachment C: Estimate of Level of Effort and Associated Cost Attachment D: Anticipated Project Schedule Attachment E: Location Map Attachment F: 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 _________, 2020. United City of Yorkville: Engineering Enterprises, Inc.: _________________________________ ________________________________ John Purcell Brad Sanderson, P.E. Mayor Chief Operating Officer / President _________________________________ ________________________________ Lisa Pickering Joseph W. Cwynar, P.E. City Clerk Senior Project Manager ATTACHMENT A STANDARD TERMS AND CONDITIONS Agreement: These Standard Terms and Conditions, together with the Professional Services Agreement, constitute the entire integrated agreement between the OWNER and Engineering Enterprises, Inc. (EEI) (hereinafter “Agreement”), and take precedence over any other provisions between the Parties. These terms may be amended, but only if both parties consent in writing. Standard of Care: In providing services under this Agreement, the ENGINEER will endeavor to perform in a matter consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under same circumstances in the same locality. ENGINEER makes no other warranties, express or implied, written or oral under this Agreement or otherwise, in connection with ENGINEER’S service. Construction Engineering and Inspection: The ENGINEER shall not supervise, direct, control, or have authority over any contractor work, nor have authority over or be responsible for the means, methods, techniques sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety of the site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor’s furnishing and performing of its work. The ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for contractor’s failure to furnish and perform the work in accordance with the contract documents. The ENGINEER is not responsible for the acts or omissions of any contractor, subcontractor, or supplies, or any of their agents or employees or any other person at the site or otherwise furnishing or performing any work. Shop drawing and submittal review by the ENGINEER shall apply to only the items in the submissions and only for the purpose of assessing if upon installation or incorporation in the project work they are generally consistent with the construction documents. OWNER agrees that the contractor is solely responsible for the submissions and for compliance with the construction documents. OWNER further agrees that the ENGINEER’S review and action in relation to these submissions shall not constitute the provision of means, methods, techniques, sequencing or procedures of construction or extend or safety programs or precautions. The ENGINEER’S consideration of a component does not constitute acceptance of the assembled items. The ENGINEER’S site observation during construction shall be at the times agreed upon in the Project Scope. Through standard, reasonable means the ENGINEER will become generally familiar with observable completed work. If the ENGINEER observes completed work that is inconsistent with the construction documents, that information shall be communicated to the contractor and OWNER for them to address. Opinion of Probable Construction Costs: ENGINEER’S opinion of probable construction costs represents ENGINEER’S best and reasonable judgment as a professional engineer. OWNER acknowledges that ENGINEER has no control over construction costs of contractor’s methods of determining pricing, or over competitive bidding by contractors, or of market conditions or changes thereto. ENGINEER cannot and does not guarantee that proposals, bids or actual construction costs will not vary from ENGINEER’S opinion of probable construction costs. Copies of Documents & Electronic Compatibility: Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also known as hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, ENGINEER makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning of the project. Changed Conditions: If, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to the ENGINEER are revealed, to the extent that they affect the scope of services, compensation, schedule, allocation of risks, or other material terms of this Agreement, the ENGINEER may call for renegotiation of appropriate portions of this Agreement. The ENGINEER shall notify the OWNER of the changed conditions necessitating renegotiation, and the ENGINEER and the OWNER shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this Agreement, in accordance with the termination provision hereof. Hazardous Conditions: OWNER represents to ENGINEER that to the best of its knowledge no Hazardous Conditions (environmental or otherwise) exist on the project site. If a Hazardous Condition is encountered or alleged, ENGINEER shall have the obligation to notify OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental officials. It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a Hazardous Condition. In the event ENGINEER or any other party encounters a Hazardous Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the project affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Condition; and (ii) warrants that the project site is in full compliance with applicable Laws and Regulations. Consequential Damages: Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective officers, directors, partners, employees, contractors, or subcontractors shall be liable to the other or shall make any claim for any incidental, indirect, or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. Termination: This Agreement may be terminated for convenience, without cause, upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation as set forth in the Professional Services Agreement for all costs incurred through the date of termination. Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days’ written notice for the following reasons: (a) Substantial failure by the other party to comply with or perform in accordance with the terms of the Agreement and through no fault of the terminating party; (b) Assignment of the Agreement or transfer of the project without the prior written consent of the other party; (c) Suspension of the project or the ENGINEER’S services by the OWNER for a period of greater than ninety (90) calendar days, consecutive or in the aggregate. (d) Material changes in the conditions under which this Agreement was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. Payment of Invoices: Invoices are due and payable within 30 days of receipt unless otherwise agreed to in writing. Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the OWNER or the ENGINEER. The ENGINEER’S services under this Agreement are being performed solely and exclusively for the OWNER’S benefit, and no other party or entity shall have any claim against the ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, vendors and other entities involved in this Project to carry out the intent of this provision. Force Majeure: Each Party shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and the nonperforming party promptly provides notice of such prevention to the other party. Such excuse shall be continued so long as the condition constituting force majeure continues. The party affected by such force majeure also shall notify the other party of the anticipated duration of such force majeure, any actions being taken to avoid or minimize its effect after such occurrence, and shall take reasonable efforts to remove the condition constituting such force majeure. For purposes of this Agreement, “force majeure” shall include conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer. Additional Terms or Modification: 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. Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under or interest in this Agreement without the prior written consent of the other party. Subcontracting normally contemplated by the ENGINEER shall not be considered an assignment for purposes of this Agreement. Waiver: A party’s waiver of, or the failure or delay in enforcing any provision of this Agreement shall not constitute a waiver of the provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Attorney’s Fees: In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover from the other all costs and expenses including without limitation the reasonable fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the Court may adjudge reasonable. Headings: The headings used in this Agreement are inserted only as a matter of convenience only, and in no way define, limit, enlarge, modify, explain or define the text thereof nor affect the construction or interpretation of this Agreement. Fox Hill Roadway Improvements (Rebuild Illinois) Engineering Agreement Attachment B – Scope of Services Fox Hill Roadway Improvements – Rebuild Illinois United City of Yorkville Attachment B – Scope of Services The United City of Yorkville requires Design Engineering services for the Fox Hill Roadway Improvements. A map of the roadways to be included in the program can be found in Attachment E of this proposal. The roadways have a total centerline length of approximately 1.77 miles. In order to successfully complete this project, various items will need to be addressed during the preliminary planning, and the design engineering for this project. Our proposed scope of services will include the following: Preliminary Planning: • Initiate coordination with the Illinois Department of Transportation (IDOT) for processing the project utilizing Rebuild Illinois Bond funds including a Section Number Request. • Coordinate and develop with City Staff the final scope and parameters of services to be provided. • Obtain, review and inventory existing utility, roadway, right-of-way, ownership, soil data, etc. • Gather data and utilize the City’s GIS database to prepare base drawings for plan sheet development (R.O.W. to R.O.W) for all roadways included in the program. • Perform on-site review of existing conditions to identify the required improvements. • Conduct traffic counts to determine Average Daily Traffic (ADT) and Multi-Unit (MU) & Single Unit (SU) truck percentages for use in the pavement design. • Analyze geotechnical site data, pavement cores and traffic data to determine pavement design for improvements. Design Engineering: • Prepare construction plans in IDOT format, consisting of, but not limited to, the following sheets: o Cover sheet including the following information: • Project Title • City Officials and Staff • Location Map • Professional Engineer Sign and Seal • City Approval Location • JULIE Contact Information • Scales • Benchmarks (when necessary) • Other information, as required o General notes and legend sheet including the following information: • Index of Sheets • Key Construction Details and Information • Applicable Standards • Supplemental Legend o Summary of Quantities sheet including the following information: • Proposed Pay Items • Pay Item Units • Pay Item Quantities Fox Hill Roadway Improvements (Rebuild Illinois) Engineering Agreement Attachment B – Scope of Services o Proposed and existing typical section sheets including the following information: • Existing typical sections with cross slopes, pavement location, R.O.W., pavement width, parkway width, ditch grades, locations, curbs and gutters. • Proposed typical sections indicating standard proposed sidewalk locations, dimensions of proposed construction items, thicknesses, areas requiring restoration, proposed striping, grading, and all other items required to indicate to the bidder the proposed construction o Plan sheets including the following information: • Roadway Location dimensions, R.O.W. data • Location of existing items including but not limited to the sidewalk, utilities, structures, landscaping, mailboxes, street signs, power poles, utility transformers, drainage structures, curb and gutter, ditches, or any other item within the project locations available on the City GIS system. • Drainage improvements (when needed, including storm sewer type, size, grades, required trench backfill, etc.) • Required grading • Curb and gutter, sidewalk and driveway removal & replacement locations • Pavement markings • Sign locations (if required by design) • Sidewalk detectable warning locations at all sidewalk/roadway crossings • House numbers • Sanitary/storm sewer point repair locations o Detail sheets including the following information: • All applicable project details • State standards • Traffic control • City details (as required) • Other details pertinent to the construction of this project • Prepare construction specifications, consisting of, but not limited to, the following: o All required bidding and letting information and contractual forms o City special provisions and contracting information o Project specific specifications and special provisions o State specifications and provisions o Prevailing Wages o Pavement Core Reports • Coordinate reviews with the United City of Yorkville and IDOT • Process required documents with IDOT for MFT Projects (utilizing Rebuild Illinois Bond funds) including: o Plan Set o Bid Package o BLR 11510 – Estimate of Cost o BLR 09111 – Resolution o BLR 09150 – Request for Expenditure/Authorization of MFT Funds o Disposition of Comments (for the final submittal) • Provide an LPC-662 form for the City to sign to include in the bidding documents to handle uncontaminated soil disposal. • Prepare preliminary and final cost estimates. • Prepare a final estimate of working days and/or construction schedule. Fox Hill Roadway Improvements (Rebuild Illinois) Engineering Agreement Attachment B – Scope of Services • Prepare and provide final contract drawings, documents and specifications for bidding. Specifications will include all necessary information for the bidder, including construction methodology, special provisions for construction and direction to the bidder regarding City specific requirements, construction ordinances and project specific guidelines. • Assist in bidding, contractor/bid evaluations, contract preparation and additional contract administration as required; prepare and submit contracts to City and IDOT. • Provide all plans and drawings electronically and 2 hard copies each in 22” x 34” (full size) and 11” x 17” (reduced size) formats with visual scales. • Provide all specifications in 8 ½” x 11½” format, bound and in quantities as required. • Provide planning/design/construction schedule and frequent updates regarding any potential items affecting the schedule. Exclusions: • No allowance has been made for public information meetings. • No allowance has been made for topographic survey • No allowance has been made for any soil analytics (other than pH testing) or preparation of an LPC- 663 form. • No Construction Engineering services have been included. Throughout the course of the project, EEI will attend all required meetings with City Staff, permitting agencies, area business owners, residents or any other entity as requested or if specific concerns need to be addressed. All documents prepared by Engineering Enterprises, Inc. shall be done so by, or under the supervision, of a Professional Engineer, licensed within the State of Illinois. Plans shall be signed and sealed by the design or supervising engineer. All of the latest design standards shall be utilized, including the most recent versions of the Standard Specifications for Road and Bridge Construction in Illinois, the Manual on Uniform Traffic Control Devices and the Standard Specifications for Water and Sewer Main Construction in Illinois. Further, EEI will meet with utility and other agencies, as necessary, to coordinate utility services required for the project and to establish the division of work, if any, between the utility or the agency and construction contractor. In addition, EEI will prepare detailed minutes of all meetings and submit them for approval within five calendar days after meeting. Meeting minutes may denote scope of work changes but will not be considered formal notification of changes. The following program guidelines for the Fox Hill Roadway Improvements (Rebuild Illinois) will be employed to ensure the best possible end result for the City, targeting a letting in April of 2021: • Employ Quality Control/Quality Assurance procedures and implement and monitor the procedures for the duration of the project. • Apply value-engineering techniques to ensure efficient and cost-effective design procedures. • Communicate with all parties relative to the status of the project through meetings, correspondence and telephone conversations. • Provide the required coordination between the City and other regulatory agencies. • Provide early identification of issues or potential problem areas related to technical scheduling or budgetary goals. ATTACHMENT C - ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES FOX HILL ROADWAY IMPROVEMENTS - REBUILD ILLINOIS UNITED CITY OF YORKVILLE ENTITY:ADMIN.WORK PRINCIPAL SENIOR SENIOR SENIOR SENIOR SENIOR SENIOR ITEM COST WORK IN PROJECT PROJECT PROJECT PROJECT PROJECT PROJECT CAD PROJECT HOUR PER ITEM CHARGE MANAGER ENGINEER II ENGINEER MANAGER MANAGER TECHNICIAN II MANAGER TECHNICIAN ADMIN.SUMM.ITEM NO.WORK ITEM HOURLY RATE:$208 $197 $165 $153 $197 $178 $153 $153 $141 $70 DESIGN ENGINEERING 2.1 Project Management (QC/QA, Permitting, Coordination, Administration)4 12 6 22 4,186$ 2.2 Meetings with City Staff (2 meetings)2 4 4 10 1,816$ 2.3 Data Collection (GIS, List of Known Issues)4 4 612$ 2.4 Traffic Counts & Geotechnical Investigation (Coordination, Field Work, Review Report)2 6 16 24 3,832$ 2.5 Analyze/Finalize Roadway Rehabilitation Methods & Calculate Final Pavement Design 4 8 12 24 3,944$ 2.6 Field Review of Existing Conditions 4 52 56 8,616$ 2.7 Develop Base Sheets (Utilizing GIS)2 6 6 10 48 72 10,600$ 2.8 90% Plans, Specifications and Estimates 2 8 32 72 30 80 2 226 34,298$ 2.9 Revisions and Disposition based on IDOT & City Comments on 90% Plans 2 4 16 8 2 32 4,770$ 2.10 Submit Bid Package for IDOT & City Approval/Advertisement 2 2 6 10 1,642$ 2.11 Bidding, Letting and Contracting 2 4 12 2 20 3,030$ PROJECT TOTAL:8 38 72 200 - - - 40 136 6 500 77,346 Printing and supplies =500$ 51,630$ Pavement Cores & CCDD (Rubino) = 5,885$ -$ 25,296$ 420$ 77,346$ DIRECT EXPENSES =6,385$ 83,731$ G:\Public\Yorkville\2020\YO2036-P Fox Hill Roadway Improvements (Rebuild Illinois)\PSA\[4 - Attachment C - Level of Effort.xlsx]Fee Summary PROJECT ROLE: Surveying Expenses = Drafting Expenses = Administrative Expenses = TOTAL LABOR EXPENSES = TOTAL EXPENSES = ENGINEERING SURVEYING DRAFTING Engineering Expenses = DIRECT EXPENSES LABOR SUMMARY WORKYear:ITEMMonth:NO. WORK ITEM Week Starting:1234123412341234123412341234DESIGN ENGINEERING2.1 Project Management (QC/QA, Permitting, Coordination, Administration)2.2 Meetings with City Staff (2 meetings)2.3 Data Collection (GIS, List of Known Issues)2.4 Traffic Counts &Geotechnical Investigation (Coordination, Field Work, Review Report)2.5 Analyze/Finalize Roadway Rehabilitation Methods & Calculate Final Pavement Design2.6 Field Review of Existing Conditions2.7 Develop Base Sheets (Utilizing GIS)2.8 90% Plans, Specifications and Estimates2.9 Revisions and Disposition based on IDOT & City Comments on 90% Plans2.10 Submit Bid Package for IDOT & City Approval/Advertisement2.11 Bidding, Letting and ContractingProject Management, QC/QA, Coord. PreliminaryMeeting(s) Design Work ItemBidding and Contracting PermittingIDOT & City Review ConstructionUNITED CITY OF YORKVILLE20212020LegendJanuary February March AprilATTACHMENT D - ANTICIPATED PROJECT SCHEDULEFOX HILL ROADWAY IMPROVEMENTS - REBUILD ILLINOISDecemberNovemberMay Ch e s t n u t CirRena LnStoneridgeCirChestnut CtCottonwood Ct John StJohn St Sycamore RdChestnut Ln SequoiaCirWhitePine CtStoneridge CtDi e h l F a rm R d CarolynCtCypressLn ChestnutCirEldamain RdCottonwood Trl Willow WayEvergreen LnAspen Ln W Veterans Pkwy W Veterans Pkwy Legend Fox Hill Subdivision Boundary Project Limits WalshEngineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 ATTACHMENT E ILLINOIS REBUILD FUNDS-LOCATION MAPwww.eeiweb.com DATE: PROJECT NO.: FILE: PATH: BY: SEPTEMBER 2020 YO2025 YO2025_Fox Hill Project .MXD H:\GIS\PUBLIC\YORKVILLE\2020\ MJT United City of Yorkville800 Game Farm RoadYorkville, IL 60560630-553-4350 ³ FOX HILL SUBDIVISION BOUNDARY Attachment F Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number New Business #9 Tracking Number PW 2020-63 ITEP Applications Public Works Committee – October 20, 2020 Informational item. Bart Olson Administration Name Department Summary Review of the current status of the ITEP applications for a Fox Road trail and the Route 34 islands and parkway plantings. Background This item was last discussed by the City Council at the October 13th meeting, when the City Council approved resolutions authorizing both ITEP applications despite many of the details with the grant applications still being fluid. Since that meeting, the City has heard from Kendall County that the Highway Committee had some unanswered questions related to the Fox Road project, their contributions, and the pending intergovernmental agreement. Timing wise, this means that the Kendall County participation in the grant will likely come after the deadline for the grant application. While this is acceptable from the state’s perspective (i.e. the state will view Kendall County participation as a supporting entity, not required), this may or may not be acceptable with the City Council. Work on this application is ongoing, and further updates will be presented at the committee meeting. Since direction was given at the committee to do low grow, no mow throughout the entire right- of-way, the staff is working with a vendor to provide a cost estimate. We expect to have that cost estimate by the end of next week, which will be after the PW Committee meeting. To the extent that we have updates at the meeting, we will provide them. Recommendation This is an informational item. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: October 15, 2020 Subject: ITEP Applications - update 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 2020-54 Cannonball Trail Curve Speed Limit Public Works Committee – October 20, 2020 Informational item. Bart Olson Administration Name Department Summary Update on the status of the Cannonball Trail speed limits discussion. Background This item was last discussed by the Public Works Committee at the September 2020 meeting. At that meeting, the committee heard from a group of City and County residents that wished to reduce the speed limits on Cannonball Trail from the current 45mph limit near the curve by New Life Church. During the discussion, it was discovered that not all of the roadway was in City limits, and so the committee directed staff to inquire with the County/Township on their opinions on the request. Further, because the previously discussed speed study showed that the 45mph was appropriate, the committee wanted to get an opinion from Attorney Orr on whether the City could reduce the speed limit, and if so, what the legal ramifications of the decision would be. Finally, one of the residents submitted a list of questions for the committee and staff. First, the list of questions from the resident and the staff answers to those questions are attached to this memo. The types of questions and the answers covers most of the background, history, and options associated with the speed limit discussion. Second, the City Attorney has opined that the Illinois Vehicle Code has no discretion for the City to deviate from the speed limit procedures set therein. The City’s previously conducted speed study was conducted according to the Illinois Vehicle Code procedures and set the speed limit at 45mph. There are provisions within the Code that takes into account traffic counts, observed speed, pedestrian counts, driveway counts, and other items, but all of those taken into account has the speed limit at 45mph. Third, we have attached a map of the jurisdiction of the roadway. The apex of the roadway and a few hundred feet west of the apex is a township road, and under the township’s jurisdiction. The bookends of this township section are under City control. The County Engineer generally handles speed limit calculations on behalf of the townships, so we have reached out to both the township highway commissioner and the County engineer to discuss this. Both have said they would be interested in designing and constructing the improvements necessary to flatten the curve radius. Specifically, the township has said they will fund the design of the improvements, in an effort to come up with a construction cost estimate. At that point, they would then take the cost estimate for the ultimate improvement and talk to the City Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: October 15, 2020 Subject: Cannonball Trail speed limits about potentially splitting the cost of the improvements. As of today’s date, the township is conducting the design and cost estimate. We do not have an anticipated date of completion of that design at this time. Recommendation This is an informational item.  [Resident question] What is the design speed of Cannonball Trail ?  What speed was the road designed for, and  when?   o [Staff answer] It was designed for 45 mph, but we aren’t sure when.     When was the current speed limit established?    o We don’t know.     How has the road changed since then?    o The general footprint of the roadway in this area has not changed in decades.     How has the population changed since then?    o It has increased, which has no direct impact on the recommendation or the state statute criteria for  speed limits.  Indirectly, traffic counts have a factor in the speed limit study which could be influenced  by local population increases.  Our new traffic counts proved that the 45 mph speed limit is the correct  speed limit for the road.     Did Whispering Meadows,  Kylyn’s Ridge, and Kendal Marketplace exist at the time?    o Whispering Meadows was built in the mid 2000s, Kendall Marketplace around the same time, and  Kylyn’s Ridge was built a couple years before both of those.  Cannonball trail, as we know it, has been  around for at least 100 years.  When it was only a farm road, it was known as “cut off” road since it  bypassed Yorkville.     What is the 85th percentile speed?   o The 85th percentile speed is defined as “the speed at or below which 85 percent of all vehicles are  observed to travel under free‐flowing conditions past a monitored point.”     Is the 85th percentile the ultimate arbiter in the establishment of a speed limit?   o Yes, please note that setting and revising speed limits is governed by the Illinois Vehicle Code and has no  flexibility in its application.     If not, what other factors are considered and how are they weighted?   o The only mitigating factors on the speed study is:   High Crash Locations (per IDOT most recent Safety Data Tier Report) can result in reduction of  prevailing speed by 10%.    Access Conflicts per mile can result in reduction of prevailing speed by 5% (41‐60 conflicts per  mile) or 10% (61 or more conflicts per mile).    Pedestrian Activity (more than 10 pedestrians per hour for at least 3 hours) can result in  reduction of prevailing speed by 5%.    If Parking is permitted adjacent to the traffic lanes, this can result in a 5% reduction in prevailing  speed.   o Please note that, per IDOT’s “Policy on Establishing Speed Limits on State Highways”, it states that  “Normally, isolated curves and turns, areas of restricted sight distances, no‐passing zones, etc., should  not be considered as the basis for alteration of speed limits.”     Was the absence of a shoulder considered when setting the speed limit?   o The original speed limit for the road was likely set by the geometry and profile of the original pavement.  The absence of a shoulder would likely have been considered with the original geometry.     Setting speeds according to the 85th percentile generally means that engineers observe driver speeds and then  set a speed limit such that 85 percent of drivers fall below it and 15 percent of drivers exceed that speed. Where  can we access this data?   o The City can provide data that was collected upon request.      Has pedestrian and bicyclist data been collected?   o No.     Given the absence of a shoulder and sidewalk, do you think pedestrian and bicycle data would be relevant for  setting a speed limit?   o If there is significant pedestrian activity (more than 10 per hour for at least 3 hours), then this could be a  factor in the speed limit decision. A reduction of prevailing speed by 5% could be implemented if the  pedestrian count meets the criteria above.     Do you have feedback or any information from property owners whose driveways open directly onto Cannonball  Trail think of the current speed limit?    o Alderman Frieders has sent over a survey.     Would their opinion be considered?    o For the traffic study criteria established by state statute ‐ no.      Could their opinion override the 85th percentile method?    o No, the state statute does not allow that.     If it came back that a majority of property owners wanted the speed limit lowered would you lower the speed  limit?    o No, the state statute does not allow that.     What data supported the reduction of the speed limit from 55mph to 45 mph on the section of Route 34 from  Beecher Rd to Eldamain Rd?   o  The state did their own traffic study when they engineered the road way.  Generally, the state does not  allow roadways with curb and gutter to exceed a 45mph speed limit.     The section of Route 34 from Cannonball Trail to Eldamain was widened, leveled, flattened, and now has turn  lanes, wide asphalt sidewalk, and no residential driveway entrances. The speed limit on this section of road is  currently 45 mph. Cannonball Trail from Route 34 to Route 47 has no shoulder, is much narrower, there is no  sidewalk for pedestrian or bicycle traffic, the roadway curves, there are 21 driveway entrances, one church  entrance. Do you believe lowering the current 45 mile per hour speed limit would increase or decrease the  safety of the private residential property owners and their children along Cannonball Trail?   o There is no clear answer to this question. Intuitively, one would say that reduction in speed would  increase safety of the residents and children. There are studies that recommend setting a speed limit at  5 or 10 mph below the 85th percentile speed.  However, if drivers do not comply with the speed limit  reduction (because the drivers are travelling at the “speed of the road” or the “85th percentile speed”,  this could put the residents and children in greater danger as their expectation would be for drivers to  comply. It often boils down to driver behavior and enforcement.     What would be the negative effects of lowering the speed limit?   o Traffic engineers would say that people’s behavior will not change.  The City would probably write more  speeding tickets.     Who would be most directly affected by lowering the speed limit?    o I don’t understand the question.       What would be the financial cost/benefit of lowering the speed limit?    o We have not done a formal analysis, and this is not something we would be able to do.     of Kyly’s Ridge, Whispering Meadows, Hickory Lane, Amanda Lane Patricia Lane, and Cannonball Trail?    o I don’t understand the question.   Have you considered the 25 mph speed limit on State Route 47 through the Elburn business district? What are  your personal thoughts on the appropriateness of this speed limit?    o Speed limits on state routes are set by IDOT.  We have no ability to change speed limits on Route 47  through Yorkville.     Have you received input from officers monitoring traffic flow from the New Life Church parking lot?    o Yes     Is Cannonball Traffic Crash Data available from 8/26/2019 to date?   o Yes, it is in the Public Works committee packet.     The Cannonball Trail Safety Analysis report dated December 11, 2018 made the following recommendations:     Were these recommendations posted in the Kendall County record or otherwise made public?   o Yes, they were included in the Public Works Committee packet at the time and discussed at the meeting.   I am not sure if the Record ran an article then or not.     Are there plans to make any of EEI’s safety improvements?  o From the above recommendation, the City Council added additional chevrons and added some spinning  reflectors at the top of signs.  The City Council chose not to pursue the additional improvements due to  cost.  Since the Public Works Committee meeting, we have spoken with the township, which controls  the apex of the curve and a few hundred feet to the west, who have indicated they may be willing to do  a project to smooth out the radius of the curve.  We are in discussions with the township and the County  about doing so.     What do the City of Yorkville and Kendall County employees, board members, council members, mayor, and  aldermen who live on or adjacent to Cannonball Trail think about the current speed limit?    o We can’t answer that for them.     What is the cost of replacing a power pole at the curve? How many times has this been done in the past 5 years?    Wouldn’t the one‐time cost of relocating the poles be less expensive in the long run?   o There is no cost to the City to replace the pole, as the pole is a ComEd pole.     Do Cannonball Trail properties extend to the center of the roadway? If so, do you think it would be wise to  consider these property owners thoughts on what the speed limit should be?   o We don’t have title information for each of those properties, but our understanding is that generally the  properties DO go to the center of the right‐of‐way.  While it’s good to get feedback from residents on a  variety of issues, public sentiment is not a variable in the mathematical calculation for a speed limit.    ROUTE 34CANNONBALL TRAILCANNONBALL TRAIL FROM RT. 34 TO RT. 47 ROW AND JURISDICTION EXHIBIT Engineering Enterprises, Inc. CA N N O N B A L L T R A I L CANNONBALL TRAIL FROMRT. 34 TO RT. 47 ROW ANDJURISDICTION EXHIBITEngineering Enterprises, Inc. ROUTE 47CANNONBALL TRAIL CANNONBALL TRAIL FROMRT. 34 TO RT. 47 ROW ANDJURISDICTION EXHIBITEngineering Enterprises, Inc. Engineering Enterprises, Inc. Memo To: Bart Olson City Administrator From: Colleen Jaltuch, P.E., LEED AP BD&C Date: August 11, 2020 Re: Speed Study at Cannonball Trail Curve EEI Job #: YO2027-C EEI has analyzed traffic speed data provided by the City from July 2020 and also from 2019 to further investigate the safety of the curve along Cannonball Trail, located about ¼ mile west of IL 47. The curve itself has a radius of 350 feet and is along a two-lane rural section of Cannonball Trail. Vehicle crashes at this location continues to be a concern to residents. The Police Department has noted that, since August 1, 2018 (last 24 months), there have been seven crashes at the location. None of them involved medical transport of any passengers to the hospital. Six of the crashes were single vehicle, and one was a head-on. In all seven crashes, the at fault unit was east bound on Cannonball. In five of the seven crashes, the ComEd utility pole was struck. Three of the crashes occurred on January 7, 2019, and two of them occurred on August 26, 2019. As there have been recent resident complaints, the Police Department conducted spot speed studies in July 2020 for a total of 372 cars. To analyze the data, an 85th percentile speed must be calculated. This is the speed that 85 percent of the vehicles are travelling below during free-flow conditions. This is considered to be the safe speed for the roadway and is used in setting or adjusting speed limits. Based on the data collected in 2020, the 85th percentile speed is 42 mph. The City also collected extensive speed data between February 18 and June 30, 2019 via speed signs. One speed sign was located on an approach to the curve; the other speed sign was located within the curve. The data was collected over periods of roughly a month and each period included speed data for over 100,000 vehicles. Based on the data collected outside the curve in 2019, the average 85th percentile speed is 45 mph. The range of 85th percentile speeds during this time was 43 mph – 47 mph. The posted speed limit is 45 mph. Based on the data collected within the curve in 2019, the average 85th percentile speed is 39 mph. The range of 85th-percentile speeds during this time was 37 mph – 40 mph. The posted advisory speed is 25 mph. Engineering Enterprises, Inc. Memo Upon review of the data collected, it is our recommendation that the speed limit remain as posted and not be reduced. The 85th percentile speed is used to set a safe speed to minimize crashes and to promote uniform traffic flow. pc: Eric Dhuse, Director of Public Works Jim Jensen, Chief of Police BPS - EEI Engineering Enterprises, Inc.    Memo  To: Bart Olson, City Administrator From: Colleen Jaltuch, P.E., LEED AP BD&C Date: January 8, 2019 Re: Cannonball Trail Safety Analysis – Estimate for Safety Improvements EEI Job #: YO1857-C Based on the Safety Analysis completed and described in the memo dated December 11, 2018, the City has requested a rough plan and cost estimate for safety improvements on Cannonball Trail between Amanda Lane and Alice Avenue. The enclosed plan sheets and cost estimate describe work to include addition of 3’ paved shoulders with rumble strips milled into them and addition of 2 chevron signs to accompany the ones that are existing. The estimated total cost for the improvements is $59,685.00. Please contact me if you have any questions or would like further information. JOB NO:YO1857-C PREPARED BY:C. Jaltuch DATE:January 7, 2019 PROJECT TITLE: Cannonball Trail Safety Analysis ITEM UNIT NO.UNIT QUANTITY PRICE AMOUNT 1 SY 543.0 45.00$ 24,435.00$ 2 SY 543 10.00$ 5,430.00$ 3 FT 1,630.0 1.50$ 2,445.00$ 4 EA 2 750.00$ 1,500.00$ 5 SY 725 15.00$ 10,875.00$ 6 L SUM 1 5,000.00$ 5,000.00$ 7 L SUM 1 10,000.00$ 10,000.00$ 8 -$ 9 -$ 10 -$ 11 -$ 12 -$ 13 -$ 14 -$ 15 -$ 16 -$ 17 -$ 18 -$ 19 -$ 20 -$ 21 -$ 22 -$ 23 -$ 24 -$ 25 -$ 26 -$ 27 -$ 28 -$ 29 -$ 30 -$ 31 -$ 32 -$ 33 -$ 34 -$ 59,685.00$ Traffic Control and Protection, Special Shoulder Rumble Strips (8") Chevron Signs w/ Telescoping Steel Posts Engineer's Opinion of Probable Construction Cost ITEM HMA Shoulders, 8" Mobilization Subbase Granular Material, Type B, 4" Restoration TOTAL ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST \\MILKYWAY\EEI_Storage\Docs\Public\Yorkville\2018\YO1857-C Cannonball Trail Safety Analysis\Eng\Engineer's Opinion of Probable Construction Cost 12 (300) R Sideroad Edge of pavement Rumble strip Sideroad/Entrance (100) 4 pavement Edge of 7 (178) max. 6 (152) min. (200) 8 (300) 12(200)8(100)4 Variespavement Edge of 1 See Section A-A.1 shoulder Edge of paved 1-1-12 New standard. unless otherwise shown. All dimensions are in inches (millimeters) and at mailbox turnouts. Omit shoulder rumble strips across structures A B B STANDARD 642006 A STRIPS, 8 in. SHOULDER RUMBLE PLAN SECTION A-A SECTION B-B GENERAL NOTES TYPICAL APPLICATION AT AN INTERSECTION OR ENTRANCE (11.1 ± 1.6) 161 ± 167(11.1 ± 1.6) 161 ± 167Illinois Department of Transportation January 1,2012 ENGINEER OF POLICY AND PROCEDURES APPROVED January 1,2012 ENGINEER OF DESIGN AND ENVIRONMENT ISSUED1-1-12PASSED DATE REVISIONS Rumble strip over 48' (14.6 m) span 12' (3.6 m) gap Rumble strip over 48' (14.6 m) span To: Eric Dhuse From: Colleen Jaltuch, P.E., LEED AP BD&C Date: December 11, 2018 Re: Cannonball Trail Safety Analysis EEI Job #: YO1857-C EEI has analyzed the safety of the curve along Cannonball Trail, located about ¼ mile west of IL 47. The curve itself has a radius of 350 feet and is along a two-lane rural section of Cannonball Trail. This curve is shown on the attached exhibit. Over the past five years, there have been seven reported crashes to the City along the curve and at the intersection of Cannonball Trail and Alice Avenue. Of these, one involved an injury and six involved property-damage only. The injury crash occurred on Alice Avenue. Of the six property damage crashes, four of these were due to roadway departure. One of these four roadway departures were due to wet pavement and one was due to icy pavement. Anecdotally, there probably have been more undocumented roadway departure issues. There are several improvements that can be made to improve the safety of the roadway at the curve and mitigate crashes. I have listed them in order of least cost to greatest cost options. 1. Addition of Shoulder Rumble Strips Shoulder rumble strips are a relatively low-cost option for prevention of single vehicle, run-off-road fatal and injury crashes. Per NCHRP Report 641, Guidance for the Design and Application of Shoulder and Centerline Rumble Strips, shoulder rumble strips result in a 13% - 51% reduction in these types of crashes. Westbound along Cannonball Trail at 350’-radius curve approximately ¼ mile west of IL 47. Shoulder rumble strips can be milled into or be raised elements on the existing paved shoulder. Rumble strips alert drivers through vibration and sound that they have left the travel lane. While this would not help drivers in icy roadway conditions, shoulder rumble strips are effective on dry and on wet pavement. 2. Roadside Safety Improvements Many crashes at curves result from departure from roadway. Therefore, it makes sense to look at roadside safety also. According to the Fatality Analysis Reporting System (FARS), 27% of all fatal crashes occur at curves and 80% of all fatal crashes at curves are roadway departure crashes. Increasing the clear zone (the unobstructed, traversable area beyond the edge of the travel lane for the recovery of errant vehicles) is one option. However, along the inside of the curve, this would involve relocation of Com Ed power poles and lines, among other roadside obstructions. Along the outside of the curve, there is a roadside ditch as well as power poles and trees and other obstructions. Widening the paved shoulder to help give the driver more area to regain control of their vehicle and flattening the side slope also are roadside safety improvements to increase the clear zone that could be considered. Widening the shoulders or flattening the ditch foreslopes would increase the clear zone area. Another roadside safety option is the addition of guardrail on the outside of the curve. The guardrail would stop the errant vehicle from leaving the roadway. However, there are two entrances on the center of the outside of the curve that would make the addition of effective guardrail difficult. The areas where the guardrail would have to gap to accommodate the entrances would be unprotected. Power poles, signs, trees, and other roadside obstructions. 3. Addition of High Friction Surface Treatment (HFST) and Enhanced Delineation High friction surface treatment (HFST) and enhanced delineation are proven methods for improving safety at horizontal curves. According to the Crash Mitigation Factor (CMF) Clearinghouse, chevron signs provide a 25% reduction in nighttime crashes and a 16% reduction in non-intersection fatal and injury cases and HFST provide a 52% reduction in wet road crashes and a 24% reduction in curve crashes. High friction surface treatment is an engineered high-friction aggregate placed over a thermosetting polymer resin binder. This treatment increases the ability of a road surface to provide pavement friction to vehicles in critical braking or cornering maneuvers. This is especially useful at horizontal curves that are sharp, have deficient superelevation, and/or where driving speeds exceed the curve advisory speed. There are four chevron signs on the outside of the curve. Additional chevrons can be added in advance of the curve to further delineate the curve. This would be especially beneficial for night-time drivers. 4. Resurface and Adjust Cross-Slope (Superelevation) for a Higher Design Speed The posted speed limit on Cannonball Trail is 45 mph. Ahead of the curve, however, there is an advisory speed limit posting of 25 mph. If the pavement were milled and resurfaced and the cross slope adjusted so the superelevation rate is for a higher design speed, this would increase the pavement friction and result in a reduction in vehicle departure crashes. The resurfacing can be a higher friction hot-mix asphalt or a HFST as discussed in option 3. But, this pavement was last resurfaced in 2014 and the superelevation was, at the time, designed for a 45-mph design speed (Radius 350’, Superelevation 3.6%). 5. Realign Road to Correct Curve The most-costly (and least practical and feasible) option is to realign the roadway between IL 47 and Alice Avenue to increase the radius of the curve. As there are several residences on the inside of the curve that would require complete relocations, this option was not explored further. Based on this limited analysis, EEI recommends widening the paved shoulders to 3’ hot-mix asphalt through the curve as well as adding shoulder rumble strips. We also recommend adding additional chevrons to further delineate the curve. If the City like to follow this recommendation or choose another option(s) to pursue, then we can further evaluate and provide a detailed cost estimate. Please let me know if you have any questions or need further information. Cannonball Traffic Crash Data  Date Direction of Travel Primary  Cause  Secondary  Cause  Unit 1   Age  10/08/2018 Northeast 27  Exceeding  Speeds for  Safe  Conditions    99  N/A  35  11/24/2018 Northeast 27  Exceeding  Speeds for  Safe  Conditions    15  Driving Skills  52  01/07/2019 Northeast 28  Failing to  Reduce  Speed  11  Weather  27  01/07/2019 Northeast 28  Failing to  Reduce  Speed  99  N/A  20  01/07/2019 Northeast 27  Exceeding  Speeds for  Safe  Conditions    12  Road  Engineering/  Surface  16  08/26/2019 Northeast Not Listed Not Listed 21  08/26/2019 Northeast 28  Failing to  Reduce  Speed  15  Driving Skills  16