Public Works Packet 2021 06-15-21
AGENDA
PUBLIC WORKS COMMITTEE MEETING
Tuesday, June 15, 2021
6:00 p.m.
City Hall Conference Room
800 Game Farm Road, Yorkville, IL
Citizen Comments:
Minutes for Correction/Approval: May 18, 2021
New Business:
1. PW 2021-44 Well Rehabilitation and Media Replacement Plan – FY 2022
2. PW 2021-45 Kennedy Road / Emerald Lane Traffic Control Discussion
Old Business:
1. PW 2021-33 Sidewalk Locations
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, June 15, 2021
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. May 18, 2021
□ Approved __________
□ As presented
□ With corrections
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NEW BUSINESS:
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1. PW 2021-44 Well Rehabilitation and Media Replacement Plan – FY 2022
□ Moved forward to CC __________
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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2. PW 2021-45 Kennedy Road / Emerald Lane Traffic Control Discussion
□ Moved forward to CC __________
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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OLD BUSINESS:
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1. PW 2021-33 Sidewalk Locations
□ 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 – May 18, 2021
Public Works Committee – June 15, 2021
Majority
Committee Approval
Minute Taker
Name Department
Page 1 of 3
DRAFT
UNITED CITY OF YORKVILLE
PUBLIC WORKS COMMITTEE
Tuesday, May 18, 2021, 6:00pm
Yorkville City Hall, Council Chambers
800 Game Farm Road
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 during the pandemic by
allowing remote attendance for this meeting.
IN ATTENDANCE:
Committee Members
Chairman Matt Marek, in-person Alderman Joe Plocher, in-person
Alderman Ken Koch, in-person Alderman Jason Peterson, in-person
Other City Officials
City Administrator Bart Olson, in-person
Assistant City Administrator Erin Willrett, remote attendance
Engineer Brad Sanderson, EEI, in-person
Public Works Director Eric Dhuse, in-person
Alderman Chris Funkhouser, remote attendance
Other Guests:
Matt McEwen, remote attendance
The meeting was called to order at 6:00pm by Chairman Matt Marek.
Citizen Comments:
Matt McEwen said he had a previous conversation with Alderman Koch requesting two 4-way stop
signs in Windett Ridge. This item will be moved forward on the agenda for further discussion.
Minutes for Correction/Approval: April 20, 2021
The minutes were approved as presented on a unanimous voice vote.
New Business:
1. PW 2021-34 Selection of Committee Liaisons
Alderman Koch volunteered to be liaison for Parks and Rec since he usually attends their meetings.
Alderman Plocher volunteered to be liaison for the Bristol-Kendall Sanitary District.
Page 2 of 3
2. PW 2021-35 Meeting Dates
The committee approved the meeting date schedule as presented. Meetings will remain on the third
Tuesday of each month at 6pm.
8. PW 2021-41 Stop Sign Analysis – Windett Ridge (moved forward on agenda)
Mr. Sanderson said he was asked to examine two locations in Windett Ridge for possible 4-way stops.
The locations were Windett Ridge/Fairfax Way and Windett Ridge/Coach. Federal guidelines were
followed and data was collected for volume, speed, crash history and other factors. Mr. Sanderson
shared the data collected and said it did not justify a 4-way stop at this time and recommended keeping
the 2-way stop. Mr. McEwen asked for signs stating 'cross traffic does not stop' in lieu of the 4-way
stop signs and staff will look at installing them. The committee agreed with this assessment and
Alderman Koch asked if these areas could be re-evaluated as the subdivision fully develops.
3. PW 2021-36 MFT Resolution for Bulk Rock Salt
Mr. Dhuse said this is the yearly resolution for rock salt and he was able to keep the low price of
$45.44/ton. A restriction on that price only allows him to order 20% more than he purchased last year.
He is also looking for additional salt to go into storage. This purchase is through MFT and the salt
should be received in October. Next year he will need to go out to bid since MFT only allows one year
at the same price. This item moves to the City Council consent agenda.
4. PW 2021-37 Elizabeth Street Water Main Easement
Director Dhuse said this is the last piece of the Elizabeth St. watermain project and will start next
week. He said an easement was never obtained for the house at the end of West Elizabeth. Staff
approached the homeowner who only asked for landscaping and driveway repair reimbursement rather
than a cash payout for $11,500. The owner will be asked to sign a document for this work and this
moves forward to the full City Council.
5. PW 2021-38 Beaver Street Pump Station Improvements – Contract Award
Bids were taken in April for these water system improvements. A generator will be installed and
upgrades made, said Mr. Sanderson. Frank Marshall Co was the low bidder—below the budget and
Mr. Sanderson recommends approval of the bid and contract for $272,244.00. The committee moved
this item to the City Council for approval.
6. PW 2021-39 2020 Striping Program – Request for Change in Plans and Final Payment Estimate
This program was initiated in 2020 and put on hold due to Covid. Bids were let last fall, but the
weather turned bad resulting in the work being delayed until April. Since MFT funds were used,
certain documentation is required. A “change of plans order” is needed since the original bid was
$29,000, the budget was $25,000 and the actual work cost just under $25,000. A “final pay estimate”
form is also needed. Both are recommended for approval and this moves to the consent agenda.
7. PW 2021-40 Countryside Lift Station SCADA Upgrades
Mr. Dhuse said this is a final SCADA upgrade and he described the work that has been done. He said
the Countryside project is the largest at an estimated cost of $44,000. This station handles everything
to the east to Grande Reserve. The recommended contractor is Metropolitan Pump Co. which
manufactures parts for the system and is 'sole source' which requires a super majority vote. This item
moves to the City Council regular agenda.
Page 3 of 3
9. PW 2021-42 2021 Roads to Better Roads Program – Additional Work
Mr. Sanderson said work has started and the base cost is over $860,000. Additional roads may be
improved and D Construction has agreed to keep the prices the same as in the contract. MFT funds are
being used so additional work must have a separate contract. Wing Road will be added to the Rt. 71
project at a cost of less than $45,000. Fox Hill has also been added to the schedule of repairs and
Illinois Rebuild funds are being used, said Mr. Dhuse. That cost is expected to be $1.4 to $1.5 million.
The committee moved this item to the City Council for approval consideration.
10. PW 2021-43 Stormwater Management Basin Inspections - Update
The city has an NPDES permit which requires the city to inspect all stormwater basins every 5 years.
Staff looks for failure of any kind and for proper drainage during the inspections. The city divided
itself into 4 quadrants and inspections started in 2018 with over 100 basins done. About 50% of those
basins inspected were compliant. Non-compliant owners were notified and some have not complied or
responded. Mr. Sanderson said numerous pieces of correspondence have been sent to the non-
compliant parties. He recommends 30 days for them to detail a schedule of how they will complete the
work or they could face building code violations or fines. Letters will be sent to HOA's or others on
the tax rolls. Alderman Plocher suggested the letters be sent via certified mail which Mr. Olson said
staff will consider.
Old Business:
1. PW 2021-30 Wing Road Closure Options
This matter has come back to the committee after a previous discussion whether or not to close this
portion of the road. It was reviewed with the Mayor and it was noted that the residents there use the
road, so it is recommended to allow them to use it another 20 years and then possibly close it. Mr.
Olson recommended no action at this time and the committee concurred.
2. PW 2021-33 Sidewalk Locations
The majority of the committee had objected last month, to paving a section in Autumn Creek.
Alderman Koch said he previously did not wish to pave the Autumn Creek section, but he suggested
blacktop instead. Asphalt would not be much less than paving and will be torn out when the lots are
built. Chairman Marek cited safety concerns in addition to the possible muddy conditions that could
occur. Mr. Koch said unimproved sections of sidewalk occur frequently in the city where homes have
not been built. Mr. Olson said the city is looking at possibly doing gravel there since it would be most
cost-effective. Alderman Peterson said the cost of doing that portion of sidewalk costs more than
repairing Wing Rd. Mr. Olson recommended bidding out all sidewalks except the Autumn Creek
portion and making a recommendation for limestone which will be much cheaper. It will be bid out in
June and awarded in July.
Regarding a Mayoral request, Mr. Olson inquired if the repair work for East Center will be full or
patchwork--it is full. It will be let in June and brought back to Public Works Committee in July.
Additional Business: None
There was no further business and the meeting adjourned at 6:45pm
Minutes respectfully transcribed by Marlys Young, Minute Taker, in-person
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 2021-44
Well Rehabilitation and Media Replacement Plan – FY2022
Public Works Committee – June 15, 2021
Majority
Consideration of Approval
Consideration of Approval
Brad Sanderson Engineering
Name Department
This memo is to present a revised plan as to the schedules of FY2022’s well rehabilitation and media
replacement projects. The original plan was as follows:
Well No. 7 Rehabilitation Budgeted Amount: $192,000
WTP No. 4 Media Replacement Budgeted Amount: $216,000
Due to recent discoveries by the Public Works Staff, we are now recommending a change as detailed
below.
Background:
The City’s water system utilizes four (4) water wells to provide all of the City’s drinking water. Due to
the well-documented and discussed regional decline in water levels, Staff has been monitoring key
metrics related to each well and identifying any concerning trends or results.
Staff has observed that the water levels in Water Well No. 4 have been steadily declining in recent years.
The trends show that the water level has dropped approximately 20% in the past year while the equipment
is pumping. More concerning is the fact that it is only approximately 50-feet of water above the elevation
where the pumping equipment is set. This is a particular concern as the pumping level approaches the
depth that the pumping equipment is set. The equipment could be in danger of pumping air. This would
result in cavitation in the pump and would significantly damage the pumping assembly and motor, which
are very expensive to replace. The cost of this equipment alone (not including installation) is over $200K
and it can take several months to obtain the new equipment, so it is advisable to proactively remove and
rehabilitate prior to equipment failure.
The media within the WTP No. 4 is showing signs of failure. Operational adjustments have recently been
made with the intent of improving the radium removal, and potentially extending the lifespan of the
existing media. The next planned quarterly Radium test is in July, with the results made available in
August. At that time, it will be better understood whether this project must commence ASAP or if it can
be delayed until next fiscal year.
Well No. 7 is due for rehabilitation and it remains a high priority for staff.
Discussion:
It is recommended to rehabilitate Well No. 4 as soon as possible. This includes removing the pumping
equipment, inspecting the equipment and well for required rehabilitation, and reinstalling the equipment.
The equipment will be set lower than the current depth of setting. EEI will provide a recommended
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
CC: Eric Dhuse, Director of Public Works
Lisa Pickering, City Clerk
Date: May 25, 2021
Subject: Well Rehabilitation and Media Replacement Plan – FY2022
setting to better protect the equipment, accounting for historic and projected water level trends. Due to
the lowered setting and decreasing water levels, it is anticipated that modifications to the pumping
assembly will be necessary to maintain desired well production. This will require an IEPA construction
permit. A conservative estimate for the rehabilitation is $230,000 (not including engineering).
Staff would also like to proceed with the preparation of the bid packages for both the WTP No. 4 Media
Replacement and the Well No. 7 Rehabilitation. If the radium results taken in July hold below the
standards, the priority would then be the Well No. 7 Rehabilitation. If the results come back poorly, then
the media replacement would become a higher priority.
Note that the request is to complete the Well 4 Rehabilitation and either the WTP No. 4 Media
Replacement or the Well No. 7 Rehabilitation this FY. The remaining project will be recommend to be
completed in FY2023.
The overall plan is to work within the budget that has been approved.
Question Presented:
Should the City move forward with the rehabilitation of Well No. 4?
Should the City move forward with the preparation of the bid packages for WTP No. 4 Media
Replacement and the Well No. 7 Rehabilitation?
Action Required:
Consideration of approval.
Well No. 4 Rehabilitation
United City of Yorkville, Kendall County, IL
Professional Services Agreement - Design and Construction Engineering
THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred
to as the "City" or “OWNER” and Engineering Enterprises, Inc. hereinafter referred to as
the "Contractor" or “ENGINEER” agrees as follows:
A. Services:
ENGINEER agrees to furnish to the City the following services: The ENGINEER shall
provide any and all necessary engineering services to the City as indicated on the
included exhibits. Design and Construction engineering will be provided for the
rehabilitation of the pumping equipment and investigating well performance at Water
Well No. 4. Scope includes modifications to the existing pumping equipment, such that
an IEPA Construction Permit shall be required. Engineering will be in accordance with
all City, Standard Specifications for Water and Sewer Construction in Illinois, Illinois
Department of Transportation, and Illinois Environmental Protection Agency
requirements.
B. Term:
Services will be provided beginning on the date of execution of this agreement and
continuing, until terminated by either party upon 7 days written notice to the non-
terminating party or upon completion of the Services. Upon termination the ENGINEER
shall be compensated for all work performed for the City prior to termination.
C. Compensation and maximum amounts due to ENGINEER:
ENGINEER shall receive as compensation for all work and services to be performed
herein, an amount based on the Estimate of Level of Effort and Associated Cost included
in Exhibit 3. Design Engineering will be paid for as a Fixed Fee (FF) in the amount of
$18,288.00 and Construction Engineering will be paid for Hourly (HR) at the actual rates
for services to be performed, currently estimated at $14,088.00. The hourly rates for this
project are shown in the attached 2021 Standard Schedule of Charges (Exhibit 5). All
payments will be made according to the Illinois State Prompt Payment Act and not less
than once every thirty days.
D. Changes in Rates of Compensation:
In the event that this contract is designated in Section B hereof as an Ongoing Contract,
ENGINEER, on or before February 1st of any given year, shall provide written notice of
any change in the rates specified in Section C hereof (or on any attachments hereto) and
said changes shall only be effective on and after May 1st of that same year.
Well No. 4 Rehabilitation
United City of Yorkville
Professional Services Agreement
Design and Construction Engineering
E. Ownership of Records and Documents:
ENGINEER agrees that all books and records and other recorded information developed
specifically in connection with this agreement shall remain the property of the City.
ENGINEER agrees to keep such information confidential and not to disclose or
disseminate the information to third parties without the consent of the City. This
confidentiality shall not apply to material or information, which would otherwise be
subject to public disclosure through the freedom of information act or if already
previously disclosed by a third party. Upon termination of this agreement, ENGINEER
agrees to return all such materials to the City. The City agrees not to modify any original
documents produced by ENGINEER without contractors consent. Modifications of any
signed duplicate original document not authorized by ENGINEER will be at OWNER’s
sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned
document will, likewise, be at the OWNER’s sole risk and without legal liability to the
ENGINEER.
F. Governing Law:
This contract shall be governed and construed in accordance with the laws of the State of
Illinois. Venue shall be in Kendall County, Illinois.
G. Independent Contractor:
ENGINEER shall have sole control over the manner and means of providing the work
and services performed under this agreement. The City’s relationship to the ENGINEER
under this agreement shall be that of an independent contractor. ENGINEER will not be
considered an employee to the City for any purpose.
H. Certifications:
Employment Status: The Contractor certifies that if any of its personnel are an employee
of the State of Illinois, they have permission from their employer to perform the service.
Anti-Bribery : The Contractor certifies it is not barred under 30 Illinois Compiled
Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of
bribery or attempted bribery of an officer or employee of the State of Illinois or any
other state.
Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not
in default for a period of six months or more in an amount of $600 or more on the
repayment of any educational loan guaranteed by the Illinois State Scholarship
Commission made by an Illinois institution of higher education or any other loan made
from public funds for the purpose of financing higher education (5 ILCS 385/3).
Well No. 4 Rehabilitation
United City of Yorkville
Professional Services Agreement
Design and Construction Engineering
Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois
Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any
agency as a result of being convicted of a felony.
Barred from Contracting : The Contractor certifies that it has not been barred from
contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois
Compiled Statutes 5/33E or similar law of another state.
Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug
Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this
contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or
more employees certify and agree to take steps to ensure a drug free workplace by
informing employees of the dangers of drug abuse, of the availability of any treatment or
assistance program, of prohibited activities and of sanctions that will be imposed for
violations; and that individuals with contracts certify that they will not engage in the
manufacture, distribution, dispensation, possession, or use of a controlled substance in
the performance of the contract.
Non-Discrimination, Certification, and Equal Employment Opportunity : The Contractor
agrees to comply with applicable provisions of the Illinois Human Rights Act (775
Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities
Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The
equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights
Rules is specifically incorporated herein. The Contractor shall comply with Executive
Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order
11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter
60). The Contractor agrees to incorporate this clause into all subcontracts under this
Contract.
International Boycott: The Contractor certifies that neither it nor any substantially owned
affiliated company is participating or shall participate in an international boycott in
violation of the provisions of the U.S. Export Administration Act of 1979 or the
regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS
582).
Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the
Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of
the date of completion of this Contract or the date of final payment under the Contract, all
books and records relating to the performance of the Contract and necessary to support
amounts charged to the City under the Contract. The Contract and all books and records
related to the Contract shall be available for review and audit by the City and the Illinois
Auditor General. If this Contract is funded from contract/grant funds provided by the
U.S. Government, the Contract, books, and records shall be available for review and
audit by the Comptroller General of the U.S. and/or the Inspector General of the federal
Well No. 4 Rehabilitation
United City of Yorkville
Professional Services Agreement
Design and Construction Engineering
sponsoring agency. The Contractor agrees to cooperate fully with any audit and to
provide full access to all relevant materials.
United States Resident Certification: (This certification must be included in all contracts
involving personal services by non-resident aliens and foreign entities in accordance with
requirements imposed by the Internal Revenue Services for withholding and reporting
federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen
___ Resident Alien ___ Non-Resident Alien The Internal Revenue Service requires that
taxes be withheld on payments made to non resident aliens for the performance of
personal services at the rate of 30%.
Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its
Federal Tax Payer Identification Number or Social Security Number is (provided
separately) and is doing business as a (check one): ___ Individual ___ Real Estate
Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax
Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation
___ Trust or Estate ___ Medical and Health Care Services Provider Corp.
I. Indemnification:
ENGINEER shall indemnify and hold harmless the City and City’s agents, servants, and
employees against all loss, damage, and expense which it may sustain or for which it will
become liable on account of injury to or death of persons, or on account of damage to or
destruction of property resulting from the performance of work under this agreement by
ENGINEER or its Subcontractors, or due to or arising in any manner from the wrongful
act or negligence of ENGINEER or its Subcontractors of any employee of any of them.
In the event that the either party shall bring any suit, cause of action or counterclaim
against the other party, the non-prevailing party shall pay to the prevailing party the cost
and expenses incurred to answer and/or defend such action, including reasonable attorney
fees and court costs. In no event shall the either party indemnify any other party for the
consequences of that party’s negligence, including failure to follow the ENGINEER’s
recommendations.
J. Insurance:
The ENGINEER agrees that it has either attached a copy of all required insurance
certificates or that said insurance is not required due to the nature and extent of the types
of services rendered hereunder. (Not applicable as having been previously supplied)
K. Additional Terms or Modification:
The terms of this agreement shall be further modified as provided on the attachments.
Except for those terms included on the attachments, no additional terms are included as a
part of this agreement. All prior understandings and agreements between the parties are
merged into this agreement, and this agreement may not be modified orally or in any
Well No. 4 Rehabilitation
United City of Yorkville
Professional Services Agreement
Design and Construction Engineering
manner other than by an agreement in writing signed by both parties. In the event that
any provisions of this agreement shall be held to be invalid or unenforceable, the
remaining provisions shall be valid and binding on the parties. The list of exhibits is as
follows:
Exhibit 1: Standard Terms and Conditions
Exhibit 2: Scope of Services
Exhibit 3: Estimate of Level of Effort and Associated Cost
Exhibit 4: Anticipated Project Schedule
Exhibit 5: 2021 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 __________________, 2021.
United City of Yorkville: Engineering Enterprises, Inc.:
_________________________________ ________________________________
John Purcell Brad Sanderson, P.E.
Mayor 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.
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.
ENGINEERING ENTERPRISES, INC. Page 1 of 2
CONSULTING ENGINEERS
WELL NO. 4 REHABILITATION
United City of Yorkville
Exhibit 2 – Scope of Services
The United City of Yorkville intends to rehabilitate Water Well No. 4. The work for the well will be
performed by a single contractor through one set of bid documents. The main objective of this project is
to rehabilitate the well pumping equipment and investigate well performance. This work will be done in
accordance with a Project Manual prepared by the Engineer. This Project Manual will be utilized as a
basis for bidding and contracting for the project as well.
The following list of work items establishes the scope of engineering services for this project:
DESIGN ENGINEERING
2.1 Project Management and Administration
Management of Personnel and the Engineering Contract
Budget Tracking
Updates at Internal Meetings
2.2 Project Manual Preparation
Preparation of 100% Project Manual and Engineer’s Opinion of Probable Construction Cost.
Project Manual Shall Include Bidding Documents with Base Bid Schedule and Mandatory
Alternate Bid Schedule, General Conditions, Well Schematic, Special Provisions and
Exhibits
Internal QA/QC
2.3 IEPA Construction Permit
Hydraulic Calculations to Identify New Design Operating Point and Coordination with Pump
Manufacturer to Identify Pumping Assembly Modifications
Assumes No Modifications to the Existing Motor are Required
Prepare IEPA Construction Permit Application and Supporting Documentation
Coordination with IEPA and City to Facilitate Construction Permit Approval
Does Not Include IEPA Operating Permitting Assistance (by City)
2.4 Bidding and Contracting
Prepare Bidders List and Ad for Bid
Submit Ad for Bid to the Local Paper and Post Bidding Documents on Quest CDN. Does Not
Include a Pre-Bid Meeting.
Address Bid Questions and Prepare Addenda
Attend Bid Opening
Prepare Bid Tab, Bid Summary, and Recommendation of Award
Execute Contract Documents
CONSTRUCTION ENGINEERING
3.1 Construction Administration
Coordinate and Attend the Pre-Construction Meeting
Reviewing and Responding to Contractor’s Requests for Information (RFIs)
Review and Processing of Contractor’s Pay Applications (Maximum of 2) and Change
Orders (Maximum of 2) for The Project
ENGINEERING ENTERPRISES, INC. Page 2 of 2
CONSULTING ENGINEERS
3.2 Construction Observation and Documentation
Part-Time Onsite Construction Observation During Removal and Reinstallation of Pumping
Equipment, and Startup of the Well (Maximum of 3 Site Visits)
Review Video Survey of the Well
Meet City Staff at the Contractor’s Shop to Inspect the Disassembled Pumping Assembly,
Motor, and Column Piping for the Well. Provide Recommendations to City Staff, Based
Upon Review of the Equipment and the Contractor’s Written Inspection Report.
The above scope for “WELL NO. 4 REHABILITATION” summarizes the work items that will be
completed for this contract. Additional work items, including additional meetings beyond the meetings
defined in the above scope shall be considered outside the scope of the base contract and will be billed in
accordance with the Standard Schedule of Charges.
ENTITY:ADMIN. WORKPRINCIPAL SENIORSENIOR SENIOR ITEM COSTWORKIN PROJECTPROJECT PROJECTPROJECT HOUR PERITEMCHARGE MANAGERENGINEER II ENGINEERTECH I ADMIN. SUMM. ITEMNO. WORK ITEM HOURLY RATE: $212 $206 $174 $147 $147 $70DESIGN ENGINEERING2.1 Project Management and Administration2 2 4 836$ 2.2 Project Manual Preparation 1 6 12 32 4 55 8,828$ 2.3 IEPA Construction Permit1 4 8 16 29 4,780$ 2.4 Bidding and Contracting1 4 8 8 2 23 3,744$ Design Engineering Subtotal: 5 16 28 56 4 2 111 18,188$ CONSTRUCTION ENGINEERING3.1 Construction Administration2 8 16 16 2 44 7,348$ 3.2 Construction Observation and Documentation 4 12 24 40 6,440$ Construction Engineering Subtotal: 2 12 28 40 - 2 84 13,788 PROJECT TOTAL: 7 28 56 96 4 4 195 31,976 Printing = 100$ 31,108$ Vehicle (Construction) = 300$ -$ DIRECT EXPENSES =400$ 588$ 280$ 31,976$ 32,376$ G:\Public\Yorkville\2021\YO2122-P Well No. 4 Rehabilitation-Yorkville\PSA\[Exhibit 3 - Level of Effort.xlsx]Fee SummaryMay 24, 2021ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST FORPROFESSIONAL ENGINEERING SERVICES FOREXHIBIT 3WELL NO. 4 REHABILITATION UNITED CITY OF YORKVILLE, ILPROJECT ROLE:Surveying Expenses = Drafting Expenses = Administrative Expenses = TOTAL LABOR EXPENSES = TOTAL EXPENSES = ENGINEERING DRAFTINGEngineering Expenses = LABOR SUMMARYDIRECT EXPENSES
Year:ITEMMonth:NO. WORK ITEM Week Starting: 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 6 13 20 27 4 11 18 25 1 8 15 22 29 6 13 20 27 3 10 17 24 31 7 14 21 28FINAL DESIGN ENGINEERING2.1Project Management and Administration2.2 Project Manual Preparation 2.3 IEPA Construction Permit2.4 Bidding and ContractingCONSTRUCTION ENGINEERING3.1 Contract Administration3.2 Observation and DocumentationG:\Public\Yorkville\2021\YO2122-P Well No. 4 Rehabilitation-Yorkville\PSA\[Exhibit 4 - Anticipated Schedule.xls]Schedule (2)LegendProject Management & QC/QA PermittingMeeting(s) Design Work ItemBidding and Contracting ConstructionEXHIBIT NO. 4ANTICIPATED PROJECT SCHEDULEWELL NO. 4 REHABILITATIONUNITED CITY OF YORKVILLE, ILLINOIS2022August FebruaryJanuary 2021May June July September October November December
Water Treatment Plant No. 4 Cation Exchange Media Replacement
United City of Yorkville, Kendall County, IL
Professional Services Agreement - Design and Construction Engineering
THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred
to as the "City" or “OWNER” and Engineering Enterprises, Inc. hereinafter referred to as
the "Contractor" or “ENGINEER” agrees as follows:
A. Services:
ENGINEER agrees to furnish to the City the following services: The ENGINEER shall
provide any and all necessary engineering services to the City as indicated on the
included exhibits. Design and Construction engineering will be provided for the
replacement of cation exchange media at Water Treatment Plant No. 4. Scope does not
include modifications to the existing system, such that an IEPA Construction Permit shall
be required. Engineering will be in accordance with all City, Standard Specifications for
Water and Sewer Construction in Illinois, Illinois Department of Transportation, and
Illinois Environmental Protection Agency requirements.
B. Term:
Services will be provided beginning on the date of execution of this agreement and
continuing, until terminated by either party upon 7 days written notice to the non-
terminating party or upon completion of the Services. Upon termination the ENGINEER
shall be compensated for all work performed for the City prior to termination.
C. Compensation and maximum amounts due to ENGINEER:
ENGINEER shall receive as compensation for all work and services to be performed
herein, an amount based on the Estimate of Level of Effort and Associated Cost included
in Exhibit 3. Design Engineering will be paid for as a Fixed Fee (FF) in the amount of
$10,040.00 and Construction Engineering will be paid for Hourly (HR) at the actual rates
for services to be performed, currently estimated at $14,856.00. The hourly rates for this
project are shown in the attached 2021 Standard Schedule of Charges (Exhibit 5). All
payments will be made according to the Illinois State Prompt Payment Act and not less
than once every thirty days.
D. Changes in Rates of Compensation:
In the event that this contract is designated in Section B hereof as an Ongoing Contract,
ENGINEER, on or before February 1st of any given year, shall provide written notice of
any change in the rates specified in Section C hereof (or on any attachments hereto) and
said changes shall only be effective on and after May 1st of that same year.
Water Treatment Plant No. 4 Cation Exchange Media Replacement
United City of Yorkville
Professional Services Agreement
Design and Construction Engineering
E. Ownership of Records and Documents:
ENGINEER agrees that all books and records and other recorded information developed
specifically in connection with this agreement shall remain the property of the City.
ENGINEER agrees to keep such information confidential and not to disclose or
disseminate the information to third parties without the consent of the City. This
confidentiality shall not apply to material or information, which would otherwise be
subject to public disclosure through the freedom of information act or if already
previously disclosed by a third party. Upon termination of this agreement, ENGINEER
agrees to return all such materials to the City. The City agrees not to modify any original
documents produced by ENGINEER without contractor’s 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).
Water Treatment Plant No. 4 Cation Exchange Media Replacement
United City of Yorkville
Professional Services Agreement
Design and Construction Engineering
Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois
Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any
agency as a result of being convicted of a felony.
Barred from Contracting: The Contractor certifies that it has not been barred from
contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois
Compiled Statutes 5/33E or similar law of another state.
Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug
Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this
contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or
more employees certify and agree to take steps to ensure a drug free workplace by
informing employees of the dangers of drug abuse, of the availability of any treatment or
assistance program, of prohibited activities and of sanctions that will be imposed for
violations; and that individuals with contracts certify that they will not engage in the
manufacture, distribution, dispensation, possession, or use of a controlled substance in
the performance of the contract.
Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor
agrees to comply with applicable provisions of the Illinois Human Rights Act (775
Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities
Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The
equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights
Rules is specifically incorporated herein. The Contractor shall comply with Executive
Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order
11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter
60). The Contractor agrees to incorporate this clause into all subcontracts under this
Contract.
International Boycott: The Contractor certifies that neither it nor any substantially owned
affiliated company is participating or shall participate in an international boycott in
violation of the provisions of the U.S. Export Administration Act of 1979 or the
regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS
582).
Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the
Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of
the date of completion of this Contract or the date of final payment under the Contract, all
books and records relating to the performance of the Contract and necessary to support
amounts charged to the City under the Contract. The Contract and all books and records
related to the Contract shall be available for review and audit by the City and the Illinois
Auditor General. If this Contract is funded from contract/grant funds provided by the
U.S. Government, the Contract, books, and records shall be available for review and
audit by the Comptroller General of the U.S. and/or the Inspector General of the federal
Water Treatment Plant No. 4 Cation Exchange Media Replacement
United City of Yorkville
Professional Services Agreement
Design and Construction Engineering
sponsoring agency. The Contractor agrees to cooperate fully with any audit and to
provide full access to all relevant materials.
United States Resident Certification: (This certification must be included in all contracts
involving personal services by non-resident aliens and foreign entities in accordance with
requirements imposed by the Internal Revenue Services for withholding and reporting
federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen
___ Resident Alien ___ Non-Resident Alien The Internal Revenue Service requires that
taxes be withheld on payments made to non resident aliens for the performance of
personal services at the rate of 30%.
Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its
Federal Tax Payer Identification Number or Social Security Number is (provided
separately) and is doing business as a (check one): ___ Individual ___ Real Estate
Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax
Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation
___ Trust or Estate ___ Medical and Health Care Services Provider Corp.
I. Indemnification:
ENGINEER shall indemnify and hold harmless the City and City’s agents, servants, and
employees against all loss, damage, and expense which it may sustain or for which it will
become liable on account of injury to or death of persons, or on account of damage to or
destruction of property resulting from the performance of work under this agreement by
ENGINEER or its Subcontractors, or due to or arising in any manner from the wrongful
act or negligence of ENGINEER or its Subcontractors of any employee of any of them.
In the event that the either party shall bring any suit, cause of action or counterclaim
against the other party, the non-prevailing party shall pay to the prevailing party the cost
and expenses incurred to answer and/or defend such action, including reasonable attorney
fees and court costs. In no event shall the either party indemnify any other party for the
consequences of that party’s negligence, including failure to follow the ENGINEER’s
recommendations.
J. Insurance:
The ENGINEER agrees that it has either attached a copy of all required insurance
certificates or that said insurance is not required due to the nature and extent of the types
of services rendered hereunder. (Not applicable as having been previously supplied)
K. Additional Terms or Modification:
The terms of this agreement shall be further modified as provided on the attachments.
Except for those terms included on the attachments, no additional terms are included as a
part of this agreement. All prior understandings and agreements between the parties are
merged into this agreement, and this agreement may not be modified orally or in any
Water Treatment Plant No. 4 Cation Exchange Media Replacement
United City of Yorkville
Professional Services Agreement
Design and Construction Engineering
manner other than by an agreement in writing signed by both parties. In the event that
any provisions of this agreement shall be held to be invalid or unenforceable, the
remaining provisions shall be valid and binding on the parties. The list of exhibits is as
follows:
Exhibit 1: Standard Terms and Conditions
Exhibit 2: Scope of Services
Exhibit 3: Estimate of Level of Effort and Associated Cost
Exhibit 4: Anticipated Project Schedule
Exhibit 5: 2021 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 __________________, 2021.
United City of Yorkville: Engineering Enterprises, Inc.:
_________________________________ ________________________________
Bart Olson Brad Sanderson, P.E.
City Administrator President
_________________________________ ________________________________
Eric Dhuse Angie Smith
Public Works Director 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.
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.
ENGINEERING ENTERPRISES, INC. Page 1 of 2
CONSULTING ENGINEERS
WATER TREATMENT PLANT NO. 4 CATION EXCHANGE MEDIA REPLACEMENT
United City of Yorkville
Exhibit 2 – Scope of Services
The United City of Yorkville intends to replace the gravel and anthracite media (media) filter media in the
cation exchange vessel located as their Water Treatment Plant No. 4. The City intends for a Contractor to
provide services for removing and disposing of the existing media, cleaning the inside of the vessel,
inspecting the vessel, coating repairs, installing new gravel and media, and disinfecting the unit before
returning it to service. This work will be done in accordance with a Project Manual prepared by the
Engineer. This Project Manual will be utilized as a basis for bidding and contracting for the project as
well.
The following list of work items establishes the scope of engineering services for this project:
1.0 DESIGN AND PROJECT MANUAL PREPARATION:
1.1 Project Administration
Management of Personnel and the Engineering Contract
Budget Tracking
Updates at Internal Meetings
1.2 Design and Project Manual Preparation
Preparation of 100% Project Manual and Engineer’s Opinion of Probable
Construction Cost. Project Manual Shall Include Bidding and Contract Documents,
General Conditions, Special Provisions and Exhibits
Includes Specifications for Coating Repairs
Internal QA/QC
1.3 Bidding and Contracting
Prepare Bidders List and Ad for Bid
Submit Ad for Bid to the Local Paper and Post Bidding Documents on Quest CDN
Address Bid Questions and Prepare Addenda
Attend Bid Opening
Prepare Bid Tab, Bid Summary, and Recommendation of Award
Execute Contract Documents
2.0 CONSTRUCTION ENGINEERING:
2.1 Construction Administration
Prepare for, Attend, and Facilitate the Preconstruction Meeting Including Preparation
of Meeting Minutes
Reviewing and Responding to the Contractor’s Request for Information (RFIs)
Review and Processing of Contractor’s Pay Applications (Maximum of 2) and
Change Orders (Maximum of 1)
Weekly Project Status Communication with the City and Contractor
2.2 Construction Observation
Part-Time Construction Observation (Periodic During Critical Work Items)
Documentation and Field Reports
Project Closeout
ENGINEERING ENTERPRISES, INC. Page 2 of 2
CONSULTING ENGINEERS
The above scope of services for the Water Treatment Plant No. 4 Cation Exchange Media Replacement
includes the following assumptions and exclusions:
1. No on-site construction progress meetings involving EEI management.
2. City to Coordinate All Necessary Media Testing for Radium and Metals (TCLP);
Assumes Combined Radium for the Media Will Be Less Than 200 pCi/g (Non-
Hazardous Waste) and Media Will Be Suitable for Landfilling
3. Detailed Investigations/Studies/Reports for Corrosion Control Impacts of Treatment
Change, Such as Pipe-Loop Studies or Coupon Rack Studies, for the Purposes of
Obtaining the IEPA Construction Permit, are Not Included.
The above scope for “WATER TREATMENT PLANT NO. 4 CATION EXCHANGE MEDIA
REPLACEMENT” summarizes the work items that will be completed for this contract. Additional work
items, including additional meetings beyond the meetings defined in the above scope shall be considered
outside the scope of the base contract and will be billed in accordance with the Standard Schedule of
Charges.
DATE: 5/24/2021ENTERED BY: KEPENTITY: ADMIN. WORKPRINCIPAL ITEM COSTWORK IN PROJECTPROJECTSENIOR HOUR PERITEM CHARGE MANAGERENG.TECHNICIAN ADMIN. SUMM. ITEMNO. WORK ITEM HOURLY RATE: $212 $185$147$147 $70DESIGN ENGINEERING1.1 1 2 3 582$ 1.212 28 2 2 44 6,770$ 1.3 1 6 8 2 17 2,638$ Design Engineering Subtotal: 2 20 36 2 4 64 9,990$ CONSTRUCTION ENGINEERING2.1 1 16 16 2 35 5,664$ 2.220 36 56 8,992$ Construction Engineering Subtotal: 1 36 52 - 2 91 14,656$ PROJECT TOTAL: 3 56 88 2 6 155 24,646 DIRECT EXPENSES23,932$ Printing (Design) = 50$ -$ Vehicle (Construction) = 200$ 294$ -$ 420$ -$ 24,646$ DIRECT EXPENSES = 250$ 24,896$ G:\Public\Yorkville\2021\YO2107-P Water Treatment Plant No. 4 Cation Exchange Media Replacement\PSA\[Exhibit 3 - Level of Effort.xlsx]Design & Constr. Eng. - UpdatedTOTAL EXPENSES = ENGINEERING DRAFTINGPROJECT ROLE:LABOR SUMMARYEngineering Expenses = Surveying Expenses = Drafting Expenses = Administrative Expenses = TOTAL LABOR EXPENSES = Construction ObservationConstruction AdministrationBidding & ContractingProject AdministrationDesign and Project Manual PreparationMay 24, 2021EXHIBIT 3SUMMARY OF COMPENSATION FORPROFESSIONAL ENGINEERING SERVICES FORWater Treatment Plant No. 4 Cation Exchange Media ReplacementUnited City of Yorkville, IL
5/24/2021WORKITEM February March August NO. WORK ITEM 1 8 15 22 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 6 13 20 27 4 11 18 25 1 8 15 22 29 6 13 20 27 3 10 17 24 31 7 14 21 28 7 14 21 280.11.11.21.32.0G:\Public\Yorkville\2021\YO2107-P Water Treatment Plant No. 4 Cation Exchange Media Replacement\PSA\[Exhibit 4 - Schedule.xls]Schedule*Construction Duration from Notice to Proceed Until Completion Expected to be ~2 Months. LegendAdministrative Work ItemsSampling Work Item (by City)Design Work Item(s)Bidding & Contracting Work Item(s)Construction Work Item(s)ANTICIPATED PROJECT SCHEDULEWATER TREATMENT PLANT NO. 4 CATION EXCHANGE MEDIA REPLACEMENTUNITED CITY OF YORKVILLE, ILFebruary March2022Bidding & ContractingDesign and Project Manual PreparationResin Sampling (by City)Construction Engineering*Project Adminstration Week Starting:Year:Month:NovemberApril July 2021May December Janary OctoberSeptemberJune EXHIBIT 4ENGINEERING ENTERPRISES, INC.CONSULTING ENGINEERS
Well No. 7 Rehabilitation
United City of Yorkville, Kendall County, IL
Professional Services Agreement - Design and Construction Engineering
THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred
to as the "City" or “OWNER” and Engineering Enterprises, Inc. hereinafter referred to as
the "Contractor" or “ENGINEER” agrees as follows:
A. Services:
ENGINEER agrees to furnish to the City the following services: The ENGINEER shall
provide any and all necessary engineering services to the City as indicated on the
included exhibits. Design and Construction engineering will be provided for the
rehabilitation of the pumping equipment and investigating well performance at Water
Well No. 7. Scope does not include modifications to the existing system, such that an
IEPA Construction Permit shall be required. Engineering will be in accordance with all
City, Standard Specifications for Water and Sewer Construction in Illinois, Illinois
Department of Transportation, and Illinois Environmental Protection Agency
requirements.
B. Term:
Services will be provided beginning on the date of execution of this agreement and
continuing, until terminated by either party upon 7 days written notice to the non-
terminating party or upon completion of the Services. Upon termination the ENGINEER
shall be compensated for all work performed for the City prior to termination.
C. Compensation and maximum amounts due to ENGINEER:
ENGINEER shall receive as compensation for all work and services to be performed
herein, an amount based on the Estimate of Level of Effort and Associated Cost included
in Exhibit 3. Design Engineering will be paid for as a Fixed Fee (FF) in the amount of
$7,258.00 and Construction Engineering will be paid for Hourly (HR) at the actual rates
for services to be performed, currently estimated at $14,088.00. The hourly rates for this
project are shown in the attached 2021 Standard Schedule of Charges (Exhibit 5). All
payments will be made according to the Illinois State Prompt Payment Act and not less
than once every thirty days.
D. Changes in Rates of Compensation:
In the event that this contract is designated in Section B hereof as an Ongoing Contract,
ENGINEER, on or before February 1st of any given year, shall provide written notice of
any change in the rates specified in Section C hereof (or on any attachments hereto) and
said changes shall only be effective on and after May 1st of that same year.
Well No. 7 Rehabilitation
United City of Yorkville
Professional Services Agreement
Design and Construction Engineering
E. Ownership of Records and Documents:
ENGINEER agrees that all books and records and other recorded information developed
specifically in connection with this agreement shall remain the property of the City.
ENGINEER agrees to keep such information confidential and not to disclose or
disseminate the information to third parties without the consent of the City. This
confidentiality shall not apply to material or information, which would otherwise be
subject to public disclosure through the freedom of information act or if already
previously disclosed by a third party. Upon termination of this agreement, ENGINEER
agrees to return all such materials to the City. The City agrees not to modify any original
documents produced by ENGINEER without contractors consent. Modifications of any
signed duplicate original document not authorized by ENGINEER will be at OWNER’s
sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned
document will, likewise, be at the OWNER’s sole risk and without legal liability to the
ENGINEER.
F. Governing Law:
This contract shall be governed and construed in accordance with the laws of the State of
Illinois. Venue shall be in Kendall County, Illinois.
G. Independent Contractor:
ENGINEER shall have sole control over the manner and means of providing the work
and services performed under this agreement. The City’s relationship to the ENGINEER
under this agreement shall be that of an independent contractor. ENGINEER will not be
considered an employee to the City for any purpose.
H. Certifications:
Employment Status: The Contractor certifies that if any of its personnel are an employee
of the State of Illinois, they have permission from their employer to perform the service.
Anti-Bribery : The Contractor certifies it is not barred under 30 Illinois Compiled
Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of
bribery or attempted bribery of an officer or employee of the State of Illinois or any
other state.
Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not
in default for a period of six months or more in an amount of $600 or more on the
repayment of any educational loan guaranteed by the Illinois State Scholarship
Commission made by an Illinois institution of higher education or any other loan made
from public funds for the purpose of financing higher education (5 ILCS 385/3).
Well No. 7 Rehabilitation
United City of Yorkville
Professional Services Agreement
Design and Construction Engineering
Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois
Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any
agency as a result of being convicted of a felony.
Barred from Contracting : The Contractor certifies that it has not been barred from
contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois
Compiled Statutes 5/33E or similar law of another state.
Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug
Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this
contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or
more employees certify and agree to take steps to ensure a drug free workplace by
informing employees of the dangers of drug abuse, of the availability of any treatment or
assistance program, of prohibited activities and of sanctions that will be imposed for
violations; and that individuals with contracts certify that they will not engage in the
manufacture, distribution, dispensation, possession, or use of a controlled substance in
the performance of the contract.
Non-Discrimination, Certification, and Equal Employment Opportunity : The Contractor
agrees to comply with applicable provisions of the Illinois Human Rights Act (775
Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities
Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The
equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights
Rules is specifically incorporated herein. The Contractor shall comply with Executive
Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order
11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter
60). The Contractor agrees to incorporate this clause into all subcontracts under this
Contract.
International Boycott: The Contractor certifies that neither it nor any substantially owned
affiliated company is participating or shall participate in an international boycott in
violation of the provisions of the U.S. Export Administration Act of 1979 or the
regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS
582).
Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the
Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of
the date of completion of this Contract or the date of final payment under the Contract, all
books and records relating to the performance of the Contract and necessary to support
amounts charged to the City under the Contract. The Contract and all books and records
related to the Contract shall be available for review and audit by the City and the Illinois
Auditor General. If this Contract is funded from contract/grant funds provided by the
U.S. Government, the Contract, books, and records shall be available for review and
audit by the Comptroller General of the U.S. and/or the Inspector General of the federal
Well No. 7 Rehabilitation
United City of Yorkville
Professional Services Agreement
Design and Construction Engineering
sponsoring agency. The Contractor agrees to cooperate fully with any audit and to
provide full access to all relevant materials.
United States Resident Certification: (This certification must be included in all contracts
involving personal services by non-resident aliens and foreign entities in accordance with
requirements imposed by the Internal Revenue Services for withholding and reporting
federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen
___ Resident Alien ___ Non-Resident Alien The Internal Revenue Service requires that
taxes be withheld on payments made to non resident aliens for the performance of
personal services at the rate of 30%.
Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its
Federal Tax Payer Identification Number or Social Security Number is (provided
separately) and is doing business as a (check one): ___ Individual ___ Real Estate
Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax
Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation
___ Trust or Estate ___ Medical and Health Care Services Provider Corp.
I. Indemnification:
ENGINEER shall indemnify and hold harmless the City and City’s agents, servants, and
employees against all loss, damage, and expense which it may sustain or for which it will
become liable on account of injury to or death of persons, or on account of damage to or
destruction of property resulting from the performance of work under this agreement by
ENGINEER or its Subcontractors, or due to or arising in any manner from the wrongful
act or negligence of ENGINEER or its Subcontractors of any employee of any of them.
In the event that the either party shall bring any suit, cause of action or counterclaim
against the other party, the non-prevailing party shall pay to the prevailing party the cost
and expenses incurred to answer and/or defend such action, including reasonable attorney
fees and court costs. In no event shall the either party indemnify any other party for the
consequences of that party’s negligence, including failure to follow the ENGINEER’s
recommendations.
J. Insurance:
The ENGINEER agrees that it has either attached a copy of all required insurance
certificates or that said insurance is not required due to the nature and extent of the types
of services rendered hereunder. (Not applicable as having been previously supplied)
K. Additional Terms or Modification:
The terms of this agreement shall be further modified as provided on the attachments.
Except for those terms included on the attachments, no additional terms are included as a
part of this agreement. All prior understandings and agreements between the parties are
merged into this agreement, and this agreement may not be modified orally or in any
Well No. 7 Rehabilitation
United City of Yorkville
Professional Services Agreement
Design and Construction Engineering
manner other than by an agreement in writing signed by both parties. In the event that
any provisions of this agreement shall be held to be invalid or unenforceable, the
remaining provisions shall be valid and binding on the parties. The list of exhibits is as
follows:
Exhibit 1: Standard Terms and Conditions
Exhibit 2: Scope of Services
Exhibit 3: Estimate of Level of Effort and Associated Cost
Exhibit 4: Anticipated Project Schedule
Exhibit 5: 2021 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 __________________, 2021.
United City of Yorkville: Engineering Enterprises, Inc.:
_________________________________ ________________________________
Bart Olson Brad Sanderson, P.E.
City Administrator President
_________________________________ ________________________________
Eric Dhuse Angie Smith
Public Works Director 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.
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.
ENGINEERING ENTERPRISES, INC. Page 1 of 2
CONSULTING ENGINEERS
WELL NO. 7 REHABILITATION
United City of Yorkville
Exhibit 2 – Scope of Services
The United City of Yorkville intends to rehabilitate Water Well No. 7. The work for the well will be
performed by a single contractor through one set of bid documents. The main objective of this project is
to rehabilitate the well pumping equipment and investigate well performance. This work will be done in
accordance with a Project Manual prepared by the Engineer. This Project Manual will be utilized as a
basis for bidding and contracting for the project as well.
The following list of work items establishes the scope of engineering services for this project:
DESIGN ENGINEERING
2.1 Project Management and Administration
Management of Personnel and the Engineering Contract
Budget Tracking
Updates at Internal Meetings
2.2 Project Manual Preparation
Preparation of 100% Project Manual and Engineer’s Opinion of Probable Construction Cost.
Project Manual Shall Include Bidding Documents with Base Bid Schedule and Mandatory
Alternate Bid Schedule, General Conditions, Well Schematic, Special Provisions and
Exhibits
Internal QA/QC
2.3 Bidding and Contracting
Prepare Bidders List and Ad for Bid
Submit Ad for Bid to the Local Paper and Post Bidding Documents on Quest CDN. Does Not
Include a Pre-Bid Meeting.
Address Bid Questions and Prepare Addenda
Attend Bid Opening
Prepare Bid Tab, Bid Summary, and Recommendation of Award
Execute Contract Documents
CONSTRUCTION ENGINEERING
3.1 Construction Administration
Coordinate and Attend the Pre-Construction Meeting
Reviewing and Responding to Contractor’s Requests for Information (RFIs)
Review and Processing of Contractor’s Pay Applications (Maximum of 2) and Change
Orders (Maximum of 2) for The Project
3.2 Construction Observation and Documentation
Part-Time Onsite Construction Observation During Removal and Reinstallation of Pumping
Equipment, and Startup of the Well (Maximum of 3 Site Visits)
Review Video Survey of the Well
Meet City Staff at the Contractor’s Shop to Inspect the Disassembled Pumping Assembly,
Motor, and Column Piping for the Well. Provide Recommendations to City Staff, Based
Upon Review of the Equipment and the Contractor’s Written Inspection Report.
ENGINEERING ENTERPRISES, INC. Page 2 of 2
CONSULTING ENGINEERS
The above scope of services for Well No. 7 Rehabilitation includes the following assumptions:
1. No Construction Permit Required for Well No. 7
The above scope for “WELL NO. 7 REHABILITATION” summarizes the work items that will be
completed for this contract. Additional work items, including additional meetings beyond the meetings
defined in the above scope shall be considered outside the scope of the base contract and will be billed in
accordance with the Standard Schedule of Charges.
ENTITY:ADMIN. WORKPRINCIPAL SENIORSENIOR SENIOR ITEM COSTWORKIN PROJECTPROJECT PROJECTPROJECT HOUR PERITEMCHARGE MANAGERENGINEER II ENGINEERTECH I ADMIN. SUMM. ITEMNO. WORK ITEM HOURLY RATE: $212 $206 $174 $147 $147 $70DESIGN ENGINEERING2.1 Project Management and Administration1 2 3 624$ 2.2 Project Manual Preparation 1 2 4 8 2 17 2,790$ 2.3 Bidding and Contracting1 4 8 8 2 23 3,744$ Design Engineering Subtotal: 3 8 12 16 2 2 43 7,158$ CONSTRUCTION ENGINEERING3.1 Construction Administration2 8 16 16 2 44 7,348$ 3.2 Construction Observation and Documentation 4 12 24 40 6,440$ Construction Engineering Subtotal: 2 12 28 40 - 2 84 13,788 PROJECT TOTAL: 5 20 40 56 2 4 127 20,946 Printing = 100$ 20,372$ Vehicle (Construction) = 300$ -$ DIRECT EXPENSES =400$ 294$ 280$ 20,946$ 21,346$ G:\Public\Yorkville\2017\YO1717-P Well No. 7 Rehabilitation\PSA-2021\[Exhibit 3 - Level of Effort.xlsx]Fee SummaryTOTAL EXPENSES = ENGINEERING DRAFTINGEngineering Expenses = LABOR SUMMARYDIRECT EXPENSESPROJECT ROLE:Surveying Expenses = Drafting Expenses = Administrative Expenses = TOTAL LABOR EXPENSES = May 24, 2021ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST FORPROFESSIONAL ENGINEERING SERVICES FOREXHIBIT 3WELL NO. 7 REHABILITATION UNITED CITY OF YORKVILLE, IL
Year:ITEMMonth: August NO. WORK ITEM Week Starting: 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 6 13 20 27 4 11 18 25 1 8 15 22 29 6 13 20 27 3 10 17 24 31 7 14 21 28 7 14 21 28 4 11 18 25FINAL DESIGN ENGINEERING2.1Project Management and Administration2.2 Porject Manual Preparation 2.3 Bidding and ContractingCONSTRUCTION ENGINEERING3.1 Contract Administration3.2 Observation and DocumentationG:\Public\Yorkville\2017\YO1717-P Well No. 7 Rehabilitation\PSA-2021\[Exhibit 4 - Anticipated Schedule.xls]Schedule (2)LegendProject Management & QC/QA Design Work ItemMeeting(s) ConstructionBidding and ContractingEXHIBIT NO. 4ANTICIPATED PROJECT SCHEDULEWELL NO. 7 REHABILITATIONUNITED CITY OF YORKVILLE, ILLINOISFebruary March April2022January 2021May June July September October November December
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 2021-45
Kennedy Road / Emerald Lane Traffic Control Discussion
Public Works Committee – June 15, 2021
Bart Olson Administration
Name Department
As requested, we investigated the pedestrian crossing along the east leg of Kennedy Road and Emerald
Lane due to safety concerns raised by a few citizens.
Existing Conditions and Observations:
On Thursday, May 13, 2021, EEI completed field investigations of the existing conditions and traffic
patterns along Kennedy Road at Emerald Lane.
Kennedy Road is functionally classified by the Illinois Department of Transportation (IDOT) as a Minor
Arterial with an existing (2019) average daily traffic (ADT) volume of 4,500 vehicles per day. The posted
speed along Kennedy Road is 45 mph.
The existing lane configuration along Kennedy Road at Emerald Lane consists of one (1) 12-foot travel
lane in either direction with dedicated left-turn lanes in the eastbound and westbound directions at the
intersection. The width of the roadway is 33 feet.
It is understood that much of the pedestrian traffic in the AM and PM peak hours is generated by Autumn
Creek Elementary School. Pedestrian counts were collected one hour prior to the first bell from 7:30 to
8:30AM and one hour after the last bell from 3:30 to 4:30 PM on Thursday, May 13.
Signage/Markings
Both eastbound and westbound Kennedy Road have pedestrian crossing ahead signage (MUTCD S1-1,
W16-9P) approximately 250’ in advance of the crosswalk at Emerald Lane, with a pedestrian crossing
signage (MUTCD S1-1, W16-7P) located at the crosswalk. A view of the existing signage is shown in
Photo 1 on the following page. The crosswalk is delineated by two (2) 6” wide white transverse markings
with one-foot bars spaced three (3) feet apart center-center and aligned at 45-degree angles.
Kennedy Road and Emerald Lane is a two-way stop-controlled intersection with Emerald Lane subject to
stop control.
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: June 1, 2021
Subject: Kennedy Road and Emerald Lane – Pedestrian Safety Analysis
Photo 1. Crosswalk Signage along Kennedy Road at Emerald Lane, Facing Eastbound
Traffic and Pedestrian Patterns
We also collected seven-day speed data from Thursday, May 13, 2021 to Wednesday, May 19, 2021 via
bi-directional traffic collector radar detection along Kennedy Road east and west of Emerald Lane. Below
is a summary of the average AM and PM peak hour traffic along with pedestrian counts collected on
Thursday, May 13.
The table below shows the volumes in the AM and PM observed along Kennedy Road.
Time Period May 2021
Opposing Traffic Pedestrians
7:30-8:30 AM 295 2
3:30-4:30 PM 440 7
In addition to vehicular and pedestrian traffic counts, gaps in traffic greater than 17 seconds were also
recorded as a gap long enough for a pedestrian to cross at this location (48-foot crosswalk). The 17
second interval was estimated using a crossing speed of 3.5 feet per second (taken from the MUTCD) and
a pedestrian startup time of 3 seconds. According to the Institute of Transportation Engineers, longer
crossing times are needed for school-aged children. They recommend using 2.0 feet per second for
elementary school children, which requires gaps in traffic greater than 27 seconds. Based on the
vehicular and pedestrian counts, the average vehicular gap is 12.2 seconds and 8.2 seconds in the
AM and PM peak hours, respectively. Both are well short of the required 27 second gap for
elementary school students.
Street Lighting
The existing intersection is currently lit with fixtures provided in the medians on both the north and south
legs of Emerald Lane.
Sight Distance
The existing Kennedy Road profile along the centerline appears to be flat (grades less than 3%).
According to the IDOT Bureau of Local Roads Manual, the required stopping sight distance is 425 feet
for a 50 mph design speed. Based on our observations in the field, it appears that the stopping sight
distance requirement is fulfilled.
Analysis and Review of Conditions
The section on crosswalks in the MUTCD says the following:
“New marked crosswalks alone, without other measures designed to reduce traffic speeds, shorten
crossing distances, enhance driver awareness of the crossing, and/or provide active warning of
pedestrian presence, should not be installed across uncontrolled roadways where the speed limit exceeds
40 mph and either:
A. The roadway has four or more lanes of travel without a raised median or pedestrian refuge
island and an ADT of 12,000 vehicles per day or greater; or
B. The roadway has four or more lanes of travel with a raised median or pedestrian refuge island
and an ADT of 15,000 vehicles per day or greater.”
Since there are two (2) lanes of travel, no raised median or pedestrian refuge island present, an ADT of
4,500 vehicles per day, a posted speed of 45 mph, minimal pedestrian traffic, and very few gaps in traffic
long enough for pedestrians to cross at this location, MUTCD criteria recommends that a crosswalk
should not be installed.
However, since the crossing has already been established, we have evaluated installing other measures to
enhance driver awareness of the crossing and provide active warning of pedestrian presence.
Signal Warrants
First, we reviewed the traffic signal warrants based on pedestrian volume. According to the MUTCD,
Signal Warrant 4, Pedestrian Volume, the minimum required number of pedestrians crossing the major
street at an intersection during an average day is 107 or more for each of any four hours or 133 or more
for any one-hour period. For Signal Warrant 5, School Crossing, the minimum required number of
pedestrians is 20 during the highest crossing hour. Since neither warrant is met based on pedestrian
volume observed, the need for a traffic signal is not justified.
Pedestrian Hybrid Beacons
A pedestrian hybrid beacon is used to control traffic at an unsignalized location to assist pedestrians in
crossing at a marked crosswalk. It can be used at locations where a traffic signal is not warranted or the
decision was made to not install a traffic control signal. However, the guidelines for installation of a
pedestrian hybrid beacon require a minimum pedestrian volume of 20 for one hour of an average day.
The pedestrian volume observed does not fit this criterion, so installing a pedestrian hybrid beacon is not
justified.
Increasing Sign and Pavement Marking Conspicuity
Since traffic signals and pedestrian hybrid beacons are not warranted, another option is increasing the sign
conspicuity of the pedestrian crossing signs. Section 2A.15 of the MUTCD offers several suggestions to
accomplish this. Some options that could be used include: adding a red or orange flag above signs,
adding a warning beacon to the sign, adding LED lights to the sign, or adding a strip of retroreflective
material to the sign support.
Pavement markings can also be used to supplement the conspicuity of a crosswalk, such as Yield Lines
20 to 50 feet from the crosswalk. The use of Yield Lines also requires the use of either YIELD HERE TO
PEDESTRIANS (MUTCD R1-5 or R1-5a) or STOP HERE FOR PEDESTRIANS (MUTCD R1-5b or
R1-5c) signs.
Photo 2. MUTCD Guidance on Yield Lines and Stop Here for Pedestrians Signs
Conclusions and Recommendation
If the City chooses to enhance driver awareness, based on our observations we would recommend signage
and pavement marking enhancements to the pedestrian crossing. We recommend the Rectangular Rapid
Flashing Beacon (RRFB) as it is more conspicuous to motorists. Photo 3 (below) shows an example of a
RRFB assembly at a crosswalk. We recommend replacing the existing signage assemblies at the
crosswalk (pedestrian crossing signs with diagonal downward arrow plaques) with RRFB assemblies with
pedestrian push buttons (new assemblies to include the pedestrian crossing sign and diagonal downward
arrow plaque). We also recommend the implementation of the Yield Lines and STOP HERE FOR
PEDESTRIANS signs (MUTCD R1-5c) approximately 20 to 50 feet in advance of the crosswalk in both
directions.
Photo 3. Sample RRFB Installation (TAPCO)
Costs
We are estimating that the purchase and installation of the RRFB, striping and signage would be in the
$20,000-25,000 range.
As requested, we investigated the possible installation of multi-way stop signs at the following
intersections:
• Kennedy Road and Emerald Lane - Currently, the intersection of Kennedy Road and Emerald
Lane is two-way stop controlled with Emerald Lane subject to stop control.
EEI collected 24-hour traffic counts via on-road tube collectors for the north and south legs of the
Kennedy Road and Emerald Lane intersection on Thursday, May 13, 2021. We also collected seven-day
speed data from Thursday, May 13, 2021 to Wednesday, May 19, 2021 via bi-directional traffic collector
radar detection along Kennedy Road east and west of Emerald Lane.
The governing entity on traffic control signage is the Manual on Uniform Traffic Control Devices
(MUTCD). The manual states as follows in regard to multi-way stop sign installation:
Guidance:
The decision to install multi-way stop control should be based on an engineering study.
The following criteria should be considered in the engineering study for a multi-way STOP sign
installation:
A. Where traffic control signals are justified, the multi-way stop is an interim measure that can be
installed quickly to control traffic while arrangements are being made for the installation of the
traffic control signal.
B. Five or more reported crashes in a 12-month period that are susceptible to correction by a
multi-way stop installation. Such crashes include right-turn and left-turn collisions as well as
right-angle collisions.
C. Minimum volumes:
1. The vehicular volume entering the intersection from the major street approaches (total of
both approaches) averages at least 300 vehicles per hour for any 8 hours of an average day;
and
2. The combined vehicular, pedestrian, and bicycle volume entering the intersection from the
minor street approaches (total of both approaches) averages at least 200 units per hour for
the same 8 hours, with an average delay to minor-street vehicular traffic of at least 30
seconds per vehicle during the highest hour; but
3. If the 85th-percentile approach speed of the major-street traffic exceeds 40 mph, the
minimum vehicular volume warrants are 70 percent of the values provided in Items 1 and 2.
D. Where no single criterion is satisfied, but where Criteria B, C.1, and C.2 are all satisfied to 80
percent of the minimum values. Criterion C.3 is excluded from this condition.
Option:
Other criteria that may be considered in an engineering study include:
A. The need to control left-turn conflicts;
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: June 2, 2021
Subject: Kennedy Road and Emerald Lane – Multi-Way Stop Sign
B. The need to control vehicle/pedestrian conflicts near locations that generate high pedestrian
volumes;
C. Locations where a road user, after stopping, cannot see conflicting traffic and is not able to
negotiate the intersection unless conflicting cross traffic is also required to stop; and
D. An intersection of two residential neighborhood collector (through) streets of similar design
and operating characteristics where multi-way stop control would improve traffic operational
characteristics of the intersection.
Our findings were as follows:
o There are no sight distance constraints.
o The vehicular volumes entering the intersection from the major street approaches
(Kennedy Road) appears to be below 300 vehicles per hour for any 8 hours of an average
day.
o The combined vehicular, pedestrian, and bicycle volume entering the intersection from
the minor street (Emerald Lane) appears to be below 200 units per hour for the same 8
hours. Per the traffic counts, the north leg of Emerald Lane sees a daily peak volume of
14 vehicles entering the intersection between 5:30-6:30 PM. The south leg has a daily
peak volume of 12 cars entering the intersection between 1:30-2:30 PM.
o Because the posted speed limit exceeds 40 mph, the minimum vehicular volume of 70
percent of values were also evaluated. Kennedy Road meets the 70 percent volume
warrant; however, Emerald Lane falls well short of vehicular volumes entering the
intersection.
o The accident history is below the threshold warranting stop signs.
o This intersection does not appear to be a good candidate for a multi-way stop sign based
on the above criteria.
o Since Kennedy Road is considered the main road of the two, EEI has found that the
existing two-way stop control is sufficient since Emerald Lane is subject to stop
control.
Crash History Reports (provided by the City)
• 2020-08-01 – Property Damage
• 2019-01-12 – Property Damage
• 2017-09-19 – Property Damage
Traffic On-Road Tube Collector Locations
Emerald Lane On-Road Tube Counter
Kennedy Road
KennedyLillian
Emerald
CoralCrimsonOrchidSage
Lakevie
w
Hayden
LavendarBazanCobaltChristyMadden
Copyright nearmap 2015
0 100 200 Feet
Engineering Enterprises52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700
LOCATION OF STOP SIGN ANALYSIS
www.eeiweb.com
DATE:
PROJECT NO.:
FILE:
PATH:
BY:
MAY 2021
YO2120
YO2120-Location of Stop Sign Analysis.mxd
H:\GIS\PUBLIC\YORKVILLE\2011\
MJT ³
STOP SIGN ANALYSIS AREAKENNEDY / EMERALD
EMERALD LANE FACING SOUTH
EMERALD LANE FACING NORTH
KENNEDY ROAD FACING EAST
To: Bart Olson
City Administrator
From: Ryan Sikes, P.E., PTOE
Date: June 2, 2021
Re: Speed Study at Kennedy Road and Emerald Lane
EEI Job #: YO2120-C
EEI previously analyzed traffic speed data provided by the City of Yorkville (City) from 2020 to investigate the
safety of the existing posted speed limit along Kennedy Road between Christy Lane and Autumn Creek
Boulevard. A local resident expressed concern that motorists are observed passing slower moving vehicles
within the Kennedy Road segment located between Christy Lane and Autumn Creek Boulevard. The resident
also noted concerns regarding motorists traveling at higher speeds may potentially lose control of their vehicle
and adversely impact the public utilizing the adjacent shared use path.
Our findings from the report dated November 25, 2020 are summarized below:
Based on the southbound speed data collected in 2020, the average 85th percentile speed is 48 mph. The
range of 85th percentile speeds during this time was 47 mph – 50 mph.
Based on the northbound speed data collected in 2020, the average 85th percentile speed is 48 mph. The
range of 85th percentile speeds during this time was 46 mph – 50 mph.
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.
Recently, a few more citizens have raised concerns regarding pedestrians trying to cross in the walkways
across Kennedy Road, and vehicles are not stopping. EEI analyzed the traffic speed data collected to
investigate the safety of the existing posted speed limit at the intersection of Kennedy Road and Emerald Lane.
The existing lane configuration along Kennedy Road at Emerald Lane consists of one (1) 12-foot travel lane in
either direction with dedicated left-turn lanes in the eastbound and westbound directions at the intersection.
There is an 8-foot HMA shared used path along the south side of the roadway varying from 5 to 24 feet from
the back of the existing curb.
Kennedy Road is functionally classified by the Illinois Department of Transportation (IDOT) as a Minor Arterial
with an existing (2019) average daily traffic (ADT) volume of 4,500 vehicles per day. The posted speed along
Kennedy Road is 45 mph.
EEI collected seven-day speed data from Thursday, May 13, 2021 to Wednesday, May 19, 2021 via bi-
directional traffic collector radar detection along Kennedy Road east and west of Emerald Lane.
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 eastbound speed data collected in 2021, the average 85th percentile speed is 47 mph. The range
of 85th percentile speeds during this time was 42 mph – 51 mph.
Based on the northbound speed data collected in 2020, the average 85th percentile speed is 48 mph. The
range of 85th percentile speeds during this time was 37 mph – 60 mph.
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
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
Old Business #1
Tracking Number
PW 2021-33
Sidewalk Locations
Public Works Committee – June 15, 2021
Bart Olson Administration
Name Department
1. Estimated direct cost for PW to install a 6’ wide by 6” thick(average) ag lime “sidewalk”
375 LF of walk x 6’ wide x 6” thick = 1125 cf / 27 = 41.66 cubic yards
41.66 cy x 1.86 tons per cy = 77.5 tons. Round up to 80 tons to give a small cushion.
80 tons x $4.25 ton = $340.00 of direct cost to the city if PW installs the path.
2. Estimated cost for a contractor to install a 6’ wide by 6” thick(average) ag lime
“sidewalk”.
I estimate this to be an 8 hour job. To accomplish this in one day, you would need the
following equipment and labor
1 - Skidsteer @ $125/hr = $1000
1 – Roller @ $125/hr = $1000
1 – dump truck @ $150/hr = $1200
1 – laborer @ $100/hr = $800
80 – ton of ag lime $4.25/ton = $340
Total $4340
3. Estimated direct cost for PW to install 375’ long, 8’ wide x 2.5” thick asphalt path.
4” base - 375’ x 8’ x 4” = 999 cy /27 = 37cy x 1.86 ton/cy ~ 70 tons @ $10.00/ton =$700
2.5” asphalt surface – 375’ x 8’ = 3000sf / 9 = 333.33sy x 2.5” x 120 lb/sy/in = 100,000
lbs / 2000 = 50 tons. 50 tons x $65/ton = $3250 + $700 for stone = $3950.
$3950 would be the estimated price for PW to install an 8’ wide asphalt path. This
does not include any labor or equipment costs.
4. Estimated cost for a contractor to install 375’ long, 8’ wide, 2.5” thick asphalt path.
1 – skidsteer 8 hours @ $125/hr $1000
1 – Roller 8 hrs @ $125/hr $1000
1 – Paver 4 hrs @ $250/hr $1000
1 – Dump Truck 8 hrs @ $150/hr $1200
70 tons of stone @ $10/ton $700
50 tons of asphalt @ $65/ton $3250
Total $8150
Memorandum
To: Public Works Committee
From: Eric Dhuse, Director of Public Works
CC: Bart Olson, Administrator
Date: June 3, 2021
Subject: cost estimates for alternate sidewalk materials on Prairie Grass