Public Works Packet 2020 11-17-20
AGENDA
PUBLIC WORKS COMMITTEE MEETING
Tuesday, November 17, 2020
6:00 p.m.
City Hall Conference Room
800 Game Farm Road, Yorkville, IL
Citizen Comments:
Minutes for Correction/Approval: October 20, 2020
New Business:
1. PW 2020-64 Grande Reserve Unit 1 – Performance Guarantee Release
2. PW 2020-65 Appletree Court Water Main Replacement – Engineering Agreement
3. PW 2020-66 Blackberry Shore Lane Parking Restriction
Old Business:
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, November 17, 2020
6:00 PM
CITY HALL CONFERENCE ROOM
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CITIZEN COMMENTS:
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MINUTES FOR CORRECTION/APPROVAL:
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1. October 20, 2020
□ Approved __________
□ As presented
□ With corrections
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NEW BUSINESS:
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1. PW 2020-64 Grande Reserve Unit 1 – Performance Guarantee Release
□ Moved forward to CC __________
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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2. PW 2020-65 Appletree Court Water Main Replacement – Engineering Agreement
□ Moved forward to CC __________
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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3. PW 2020-66 Blackberry Shore Lane Parking Restriction
□ Moved forward to CC __________
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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ADDITIONAL BUSINESS:
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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
Community Development
Purchasing
Police
Public Works
Parks and Recreation
Agenda Item Number
Minutes
Tracking Number
Minutes of the Public Works Committee – October 20, 2020
Public Works Committee – November 17, 2020
Majority
Committee Approval
Minute Taker
Name Department
Page 1 of 3
DRAFT
UNITED CITY OF YORKVILLE
PUBLIC WORKS COMMITTEE
Tuesday, October 20, 2020, 6:00pm
Yorkville City Hall, Council Chambers
800 Game Farm Road
Note: 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, the United City of Yorkville is encouraging social distancing by allowing
remote attendance at this Public Works committee meeting, due to the ongoing pandemic.
(Below participants attended in-person unless otherwise indicated)
IN ATTENDANCE:
Committee Members
Chairman Joe Plocher Alderman Chris Funkhouser
Alderman Ken Koch
Absent: Alderman Seaver Tarulis
Other City Officials
City Administrator Bart Olson Engineer Brad Sanderson, EEI
Assistant City Administrator Erin Willrett (remote)
Public Works Director Eric Dhuse Purchasing Manager Carri Parker (remote)
Other Guests:
Joe & Loretta Stenger (remote)
The meeting was called to order at 6:00pm by Chairman Joe Plocher.
Citizen Comments:
Joe Stenger, who lives on Cannonball where speeding issues are occurring, said the flashing sign
appears to be working and the cars react to that more than anything else. He prefers that the curve and
road not be changed. Loretta Stenger said she can see the sign from her window and brake lights are
activated when drivers see the sign. As the drivers negotiate the curve, most are traveling from 31-36
mph. She also said most accidents that occur there are not due to inclement weather or during busy
times and she feels the flashing signs have definitely had an impact.
Previous Meeting Minutes: September 15, 2020
The minutes were approved as presented.
Page 2 of 3
New Business:
1. PW 2020-55 Capital Improvement Summary
Mr. Sanderson said these quarterly updates are provided for projects underway. Alderman Koch asked
if the developer contributed to the Mill Rd. project. Mr. Sanderson said the developer has it in their
budget for next spring and there will be an agreement to move forward. Bidding should start in
February at the latest.
2. PW 2020-56 Quarterly Bond and Letter of Credit Reduction Summary
This is another quarterly update with a couple items pending that will be reflected on the next report,
said Mr. Sanderson.
3. PW 2020-57 Meeting Schedule for 2021
The committee approved of the proposed schedule for 2021.
4. PW 2020-58 Purchase of Two Vehicles
Two pickup trucks are proposed for purchase through the State program which is less expensive. The
purchase is slightly under budget and will allow for spray-on bed liners to preserve the trucks. The
trucks being replaced are a 2005 and 2008. This moves forward to City Council.
5. PW 2020-59 Gas-N-Wash Public Improvement Acceptance
Public improvements were installed including a sanitary sewer and a sidewalk which are now up for
acceptance. Mr. Sanderson said he is also recommending a reduction of the Letter of Credit which was
substantial. The committee concurred and this moves forward to the full Council.
6. PW 2020-60 Kendall Marketplace Single Family Residential Improvement Acceptance
Mr. Sanderson explained McCue Builders took over this project a few years ago with no bond for
public improvements. All work has been done, however, there is a sewer issue which is being
addressed. He recommends moving forward with acceptance of utilities and one year letter of credit.
The townhome project will have a separate letter of credit.
7. PW2020-61 2021 Road to Better Roads Engineering Agreement and
8. PW 2020-62 Fox Hill Roadway Improvements (Rebuild Illinois) Engineering Agreement
Mr. Olson said there are two design contracts for these two items, which have been approved by the
City Council. The Road to Better Roads Agreement is about $47,000 and covers all roads south of
river that were planned to be redone. Fox Hill is about $1.2 million over 3 years. All main roads in
Fox Hill will be done with enhanced quality.
9. PW 2020-63 ITEP Applications
The City Council has already approved the applications and updates are in the memo. Cost estimates
are expected this week on grass seed. Regarding the Fox Hill trail, Kendall County has discussed and
is in favor, but no money has been pledged yet. If the County approves, the application may carry
more weight with the State. Mr. Olson said the city would like to move forward with garnering
approval from the County and the County also has questions regarding the project. Mr. Olson also
briefly discussed adding a section of trail to extend from Hoover to Rt. 47.
Page 3 of 3
Old Business:
1. PW 2020-54 Cannonball Trail Curve Speed Limit
Mr. Olson referred to a memo in the packet and said several questions from a resident had been
answered regarding speed on Cannonball. He also discussed an update from the township and said HR
Green has been engaged to do a design contract and will present a scope and cost estimate. Alderman
Funkhouser commented he liked the cooperation of the county and township. Alderman Koch asked
for an explanation of Attorney Orr's opinion. The Illinois Vehicle Code sets the speed limit and there is
no discretion for the municipality to change. Ms. Orr said the ramifications for a change would be
100% against the city and the city could be sued. Mr. Dhuse said smaller, permanent blinking LED
lights would be installed at this location.
Additional Business: None
There was no further business and the meeting was adjourned at 6:27pm.
Minutes respectfully transcribed by
Marlys Young, Minute Taker
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Community Development
Purchasing
Police
Public Works
Parks and Recreation
Agenda Item Number
New Business #1
Tracking Number
PW 2020-64
Grande Reserve – Unit 1 Bond Release
Public Works Committee – November 17, 2020
Majority
Consideration of Approval
Recommendation to release remaining performance security
Brad Sanderson Engineering
Name Department
The developer has completed the remaining punchlist items from the one-year warranty period
and we are now recommending a full release of their remaining performance security. The value
of the remaining security is $170,747.89 (Platte River Bond #41424197).
The public improvements were accepted on October 22, 2019.
Please let us know if you have any questions.
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: November 11, 2020
Subject: Grande Reserve Unit 1
Cryder WayAlden AveSundownLnBurr CtHobbs CtGrande Trail CtOaklawn AveE Veterans PkwyE Veterans PkwyG r a n d e T r l Grande TrlBristol Ridge RdRood StPatriot CtLyman LoopLyman LoopHobbs LnHenning LnParkway DrMcLellan BlvdMcLellan BlvdBurr StCranston CirAmerican WaySquire CirEngineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 / www.eeiweb.conEXHIBIT BGRANDE RESERVELOCATION MAPDATE:OCTOBER 2018United City of Yorkville800 Game Farm RoadYorkville, IL 60560(630) 553-4350http://www.yorkville.il.usUNIT 1UNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOISCONSULTING ENGINEERSNO. DATE REVISIONSPROJECT NO.:YO1734PATH:H:/GIS/PUBLIC/YORKVILLE/2017/YO1734_ GRANDE RESERVE UNIT 1 ROAD.MXDFILE:fffääNORTHLegendUNIT BOUNDARY
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
Community Development
Purchasing
Police
Public Works
Parks and Recreation
Agenda Item Number
New Business #2
Tracking Number
PW 2020-65
Appletree Court Water Main Replacement – Engineering Agreement
Public Works Committee – November 17, 2020
Majority
Approval
Bart Olson Administration
Name Department
Summary
Approval of a design engineering agreement with EEI for the Appletree Court Watermain
project.
Background
This item was discussed by the City Council as part of the FY 21 budget proposal in March and
April 2020. The Appletree Court watermain is an old, undersized watermain that has suffered more
breaks than what is considered acceptable. Replacing this watermain will improve fire protection and
water quality in the immediate area. 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 $24,950 lump sum plus direct expenses expected to be in the
$300 range. Because those two cost categories could be more than $25,000, City Council approval of
the agreement is required. These amounts are included in the FY 21 budget. Construction is expected to
occur in Summer 2021.
Recommendation
Staff recommends approval of the design engineering agreement with EEI for the Appletree
Court watermain.
Memorandum
To: City Council
From: Bart Olson, City Administrator
CC:
Date: November 12, 2020
Subject: Appletree Court Watermain Design Engineering Agreement
Appletree Court Water Main Replacement
United City of Yorkville, Kendall County, IL
Professional Services Agreement - Design Engineering
THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred
to as the "City" or “OWNER” and 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 Scope
of Services (Attachment B). Design engineering will be provided for approximately 540
linear feet of 8-inch water main improvements on Appletree Court (see Attachment E for
project limits). Engineering will be in accordance with all City, Standard Specifications
for Water and Sewer Construction in Illinois, Illinois Department of Transportation, and
Illinois Environmental Protection Agency requirements.
B. Term:
Services will be provided beginning on the date of execution of this agreement and
continuing, until terminated by either party upon 7 days written notice to the non-
terminating party or upon completion of the Services. Upon termination the ENGINEER
shall be compensated for all work performed for the City prior to termination.
C. Compensation and maximum amounts due to ENGINEER:
ENGINEER shall receive as compensation for all work and services to be performed
herein, an amount based on the Estimate of Level of Effort and Associated Cost included
in Attachment C. Design Engineering will be paid for as a Fixed Fee (FF) in the amount
of $24,950. Direct expenses are estimated at $315. 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.
Appletree Court Water Main Replacement
United City of Yorkville
Professional Services Agreement
Design Engineering
E. Ownership of Records and Documents:
ENGINEER agrees that all books and records and other recorded information developed
specifically in connection with this agreement shall remain the property of the City.
ENGINEER agrees to keep such information confidential and not to disclose or
disseminate the information to third parties without the consent of the City. This
confidentiality shall not apply to material or information, which would otherwise be
subject to public disclosure through the freedom of information act or if already
previously disclosed by a third party. Upon termination of this agreement, ENGINEER
agrees to return all such materials to the City. The City agrees not to modify any original
documents produced by ENGINEER without contractors consent. Modifications of any
signed duplicate original document not authorized by ENGINEER will be at OWNER’s
sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned
document will, likewise, be at the OWNER’s sole risk and without legal liability to the
ENGINEER.
F. Governing Law:
This contract shall be governed and construed in accordance with the laws of the State of
Illinois. Venue shall be in Kendall County, Illinois.
G. Independent Contractor:
ENGINEER shall have sole control over the manner and means of providing the work
and services performed under this agreement. The City’s relationship to the ENGINEER
under this agreement shall be that of an independent contractor. ENGINEER will not be
considered an employee to the City for any purpose.
H. Certifications:
Employment Status: The Contractor certifies that if any of its personnel are an employee
of the State of Illinois, they have permission from their employer to perform the service.
Anti-Bribery: The Contractor certifies it is not barred under 30 Illinois Compiled Statutes
500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery
or attempted bribery of an officer or employee of the State of Illinois or any other state.
Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not
in default for a period of six months or more in an amount of $600 or more on the
repayment of any educational loan guaranteed by the Illinois State Scholarship
Commission made by an Illinois institution of higher education or any other loan made
from public funds for the purpose of financing higher education (5 ILCS 385/3).
Appletree Court Water Main Replacement
United City of Yorkville
Professional Services Agreement
Design Engineering
Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois
Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any
agency as a result of being convicted of a felony.
Barred from Contracting: The Contractor certifies that it has not been barred from
contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois
Compiled Statutes 5/33E or similar law of another state.
Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug
Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this
contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or
more employees certify and agree to take steps to ensure a drug free workplace by
informing employees of the dangers of drug abuse, of the availability of any treatment or
assistance program, of prohibited activities and of sanctions that will be imposed for
violations; and that individuals with contracts certify that they will not engage in the
manufacture, distribution, dispensation, possession, or use of a controlled substance in
the performance of the contract.
Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor
agrees to comply with applicable provisions of the Illinois Human Rights Act (775
Illinois Compiled 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
Appletree Court Water Main Replacement
United City of Yorkville
Professional Services Agreement
Design Engineering
sponsoring agency. The Contractor agrees to cooperate fully with any audit and to
provide full access to all relevant materials.
United States Resident Certification: (This certification must be included in all contracts
involving personal services by non-resident aliens and foreign entities in accordance with
requirements imposed by the Internal Revenue Services for withholding and reporting
federal income taxes.) The 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
Appletree Court Water Main Replacement
United City of Yorkville
Professional Services Agreement
Design Engineering
manner other than by an agreement in writing signed by both parties. In the event that
any provisions of this agreement shall be held to be invalid or unenforceable, the
remaining provisions shall be valid and binding on the parties. The list of exhibits is as
follows:
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 Angie Smith
City Clerk Executive Assistant
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.
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.
Appletree Court Water Main Improvements
United City of Yorkville, IL
Professional Services Agreement - Design Engineering
Attachment B – Scope of Services
DESIGN ENGINEERING
2.1 Project Management and Administration
• Budget Tracking
• Management of Personnel and the Engineering Contract
• Coordination with the City and Other Regulatory Agencies (IEPA and IDOT)
2.2 Project Meetings
• Project Kick-Off Meeting Between the City and EEI
• One (1) Design Progress Meeting Between the City and EEI prior to Bidding
2.3 Topographic Survey
• Field Survey
• Drafting to Create Base File
2.4 Utility Coordination
• Design JULIE
• Plan Submission and Coordinate with Private Utilities
2.5 Final Plans, Specifications and Estimates
• Preparation of 60%, 90%, and 100% Engineering Plans
• Preparation of 90% and 100% Project Manual and Engineer’s Opinion of Probable Construction Cost.
Project Manual Shall Include Bidding and Contract Documents, General Conditions, and Special
Provisions.
2.6 Permits
• Prepare IEPA Documentation for CCDD Management of Soils
• Prepare IEPA Construction Permit Application and Acquire Permit
• Prepare IDOT and Acquire IDOT Permit for Work Along IDOT Right-of-Way
2.7 Bidding and Contracting
• Prepare Bidders List and Ad for Bid
• Submit Ad for Bid to the Local Paper and Post Bidding Documents on QuestCDN
• Address Bid Questions and Prepare Addenda
• Attend Bid Opening
• Prepare Bid Tab, Bid Summary, and Recommendation of Award
• Execute Contract Documents
ENTITY:ADMIN.WORK
PRINCIPAL 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 MANAGER TECHNICIAN I ADMIN.SUMM.ITEM
NO.WORK ITEM HOURLY RATE:$208 $203 $153 $141 $197 $178 $153 $153 $141 $70
DESIGN ENGINEERING
2.1 Project Management and Administration - 8 2 - - - - - - - 10 1,930$
2.2 Project Meetings 1 2 4 - - - - - - - 7 1,226$
2.3 Topographic Survey - - - - 5 9 - - - - 14
2.4 Utility Coordination - - 4 - - - - - - - 4
2.5 Final Plans, Specifications and Estimates 2 10 58 - - - - 3 24 - 97
2.6 Permits - - 5 - - - - - - - 5
2.7 Bidding and Contracting 1 1 12 - - - - - - 6 20
Design Engineering Subtotal:4 21 85 - 5 9 - 3 24 6 157 3,156$
PROJECT TOTAL:4 21 85 - 5 9 - 3 24 6 157 3,156
Printing =250$ 18,100$
Mileage =40$ 2,587$
Material Testing = -$ 3,843$
25$ 420$
DIRECT EXPENSES =315$ 24,950$
25,265$
\\Milkyway\EEI_Storage\Docs\Public\Yorkville\2020\YO2007-P Appletree Court Watermain Replacement\PSA\Design\[04. Attachment C - Level of Effort.xlsx]Fee Summary
TOTAL EXPENSES =
ENGINEERING SURVEYING DRAFTING
Engineering Expenses =
DIRECT EXPENSES LABOR SUMMARY
Environmental Assessment =
PROJECT ROLE:
Surveying Expenses =
Drafting Expenses =
Administrative Expenses =
TOTAL LABOR EXPENSES =
November 6, 2020
ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST FOR
PROFESSIONAL ENGINEERING SERVICES FOR
ATTACHMENT C
APPLETREE COURT WATER MAIN REPLACEMENT
United City of Yorkville, IL
WORK Year:
ITEM Month:
NO.WORK ITEM Week Starting:1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4
DESIGN ENGINEERING
2.1
2.2
2.3
2.4
2.5 Final Plans, Specifications, and Estimates
2.6
2.7
\\Milkyway\EEI_Storage\Docs\Public\Yorkville\2020\YO2007-P Appletree Court Watermain Replacement\PSA\Design\[05. Attachment D - Project Schedule-UPDATED-2020-11.xls]Schedule
Project Management & QC/QA Permitting
Meeting(s)Bidding and Contracting
Design Construction
Anticipated Schedule:
Bid Letting 4/3/2021
Legend
December January
Project Management and Administration
Project Meetings
Topographic Survey
Utility Coordination
AugustMarchAprilMay
Permitting
Bidding and Contracting
JuneFebruary July
2020 2021
ATTACHMENT D
ANTICIPATED PROJECT SCHEDULE
APPLETREE COURT WATER MAIN IMPROVEMENTS
UNITED CITY OF YORKVILLE, IL
November 6, 2020
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Tower LnAppletree Ct Sunset AveEngineering Enterprises, Inc.
52 Wheeler Road
Sugar Grove, Illinois 60554
(630) 466-6700
Legend
!(VALVE
GF HYDRANT
UNKNOWN WATER MAIN
3" WATER MAIN AND SMALLER
4" WATER MAIN
6" WATER MAN
8" WATER MAIN
10" WATER MAIN
12" WATER MAIN
16" WATER MAIN
WATER IMPROVEMENT LIMITS
ATTACHMENT E:
LOCATION MAP
www.eeiweb.com
DATE:
PROJECT NO.:
FILE:
PATH:
BY:
MARCH 2020
YO2007
YO1907_Appletree Ct Water Main.MXD
H:\GIS\PUBLIC\YORKVILLE\2020\
MJT ³
200 0 200100 Feet
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
Community Development
Purchasing
Police
Public Works
Parks and Recreation
Agenda Item Number
New Business #3
Tracking Number
PW 2020-66
Blackberry Shore Lane Parking Restriction
Public Works Committee – November 17, 2020
Majority
Approval
Bart Olson Administration
Name Department
Summary
Consideration of a parking restriction on the northside of Blackberry Shores Lane between
Northland Lane and High Ridge Lane.
Background
This item was requested by Alderman Funkhouser. This item was discussed by the City Council
in 2014, when it passed a parking restriction on the northside of Blackberry Shore Lane between
Northland Lane and the western edge of the adjacent park. At that time, the City Council was
responding to complaints of street parking along both sides of Blackberry Shore Lane during baseball
games.
In the past year during the public meetings on the Kendall Marketplace townhomes, there was
limited discussion about extending the parking restriction all the way west to High Ridge Lane. This
was discussed in the context of the concern that townhome residents would end up parking along
Blackberry Shore Lane instead of in their community or personal parking spaces along the private drive
of the townhomes.
The proposal from Alderman Funkhouser is illustrated in the attached map, and it generally
contains the northside, one block stretch of Blackberry Shore Lane between High Ridge Lane and
Northland Lane. We have drafted a simple ordinance for consideration. He has also requested
discussion about the merits of extending this proposed restriction farther west of High Ridge Lane, and
so we have included a map for discussion purposes.
In the past, the City Council has sometimes asked that before a parking restriction is approved by
City Council, for the adjacent residents to be formally notified via letter and given a chance to speak at
an upcoming meeting. That has not been proposed as part of this parking restriction, but could be easily
implemented if desired. In this case, we do know that the residents in the area have been in frequent
contact with both Alderman Funkhouser and Alderman Frieders about a variety of development issues,
and perhaps a more informal notification may be sufficient.
Finally, Chief Jensen has given me early notification that any parking restriction approved by
City Council would be met with a robust social media announcement and public outreach initiative
before any tickets would be written.
Recommendation
Staff requests direction on the parking restriction boundaries along Blackberry Shore Lane.
Memorandum
To: City Council
From: Bart Olson, City Administrator
CC:
Date: November 12, 2020
Subject: Blackberry Shore Lane parking restrictions
NO PARKING
NO PARKING
NORTH SIDE OF BLACKBERRY SHORE LANE | PARKING RESTRICTION
United City of Yorkville
800 Game Farm Road, Yorkville, IL
November 12, 2020
NO PARKING
NORTH SIDE OF BLACKBERRY SHORE LANE | PARKING RESTRICTION
United City of Yorkville
800 Game Farm Road, Yorkville, IL
November 12, 2020
Ordinance No. 2020-____
Page 1
Ordinance No. 2020-_____
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS REGULATING ON-STREET PARKING
NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of
Yorkville, Kendall County, Illinois, as follows:
Section 1. Title 6, Chapter 2, Section 6-2-2, of the United City of Yorkville Code of Ordinances
is hereby amended by deleting the following:
6-2-2: PARKING PROHIBITED ON DESIGNATED STREETS:
BLACKBERRY SHORE LANE
A “no parking” zone shall be created on the north side of Blackberry Shore Lane
from just east of 901 Blackberry Shore Lane to Northland Lane.
Section 2. Title 6, Chapter 2, Section 6-2-2, of the United City of Yorkville Code of Ordinances
is hereby amended by adding the following:
6-2-2: PARKING PROHIBITED ON DESIGNATED STREETS:
BLACKBERRY SHORE LANE
A “no parking” zone shall be created on the north side of Blackberry Shore Lane
from High Ridge Lane to Northland Lane.
Section 3. If any Section, subsection, sentence, clause, phrase or portion of this Chapter is for
any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of
the remaining portions hereof.
Section 4. This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this _____ day of
_____________________, 2020.
______________________________
CITY CLERK
KEN KOCH ________ DAN TRANSIER ________
JACKIE MILSCHEWSKI ________ ARDEN JOE PLOCHER ________
CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________
SEAVER TARULIS ________ JASON PETERSON ________
Ordinance No. 2020-____
Page 2
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this _____ day of
_____________________, 2020.
_____________________________
MAYOR
BLACKBERRY SHORE LANE
A "no parking" zone shall be created on the north side of Blackberry Shore Lane from High
Ridge Lane just east of 901 Blackberry Shore Lane to Northland Lane.
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2014-39
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF
YORKVILLE,KENDALL COUNTY,ILLINOIS, REGULATING ON-STREET PARKING
Passed by the City Council of the
United City of Yorkville,Kendall County, Illinois
This 26"'day of August, 2014
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County, Illinois on November 10, 2014.
Ordinance No. 2014-4
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS REGULATING ON-STREET PARKING
NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of
Yorkville, Kendall County, Illinois, as follows:
Section 1. Title 6, Chapter 2, Section 2, of the United City of Yorkville Code of Ordinances is
hereby amended by adding the following:
6-2-2: PARKING PROHIBITED ON DESIGNATED STREETS:
BLACKBERRY SHORE LANE
A "no parking" zone shall be created on the north side of Blackberry Shore Lane
from just east of 901 Blackberry Shore Lane to Northland Lane.
NORTHLAND LANE
A "no parking" zone shall be created on the west side of Northland Lane from
Blackberry Shore Lane to Western Avenue
WESTERN AVENUE
A "no parking" zone shall be created on the north side of Western Avenue from
Canyon Trail to Northland Lane
Section 2. If any Section, subsection, sentence, clause, phrase or portion of this Chapter is for
any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of
the remaining portions hereof.
Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
day of AGIL Ci L4 S 2014.
CITY CLERK
Ordinance No.2014-39
Page 2
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI LARRY KOT
CHRIS FUNKHOUSER JOEL FRIEDERS
ROSE ANN SPEARS DIANE TEELING
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 3
day of S6PMM6o-::f 2014.
1
MA R
Ordinance No. 2014-39
Page 3