Public Works Packet 2023 05-16-23
AGENDA
PUBLIC WORKS COMMITTEE MEETING
Tuesday, May 16, 2023
6:00 p.m.
East Conference Room #337
651 Prairie Pointe Drive, Yorkville, IL
Citizen Comments:
Minutes for Correction/Approval: April 18, 2023
New Business:
1. PW 2023-41 Selection of Committee Liaisons
2. PW 2023-42 Easement for Contract A Water Main – 1308 Game Farm Road
3. PW 2023-43 Heartland Meadows – Consideration of Acceptance
4. PW 2023-44 2023 Sanitary Sewer Lining – Design and Construction Engineering Agreement
5. PW 2023-45 2024 Water Main Replacement – Design Engineering Agreements
6. PW 2023-46 Grande Reserve Unit 13 – Release of Guarantee
7. PW 2023-47 Grande Reserve Unit 14 – Release of Guarantee
8. PW 2023-48 Grande Reserve Unit 23 – Release of Guarantee
9. PW 2023-49 Supplemental MFT Resolution for Bulk Rock Salt
10. PW 2023-50 Purchase and Sale of Vehicles
Old Business:
Additional Business:
United City of Yorkville
651 Prairie Pointe Drive
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
UNITED CITY OF YORKVILLE
WORKSHEET
PUBLIC WORKS COMMITTEE
Tuesday, May 16, 2023
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. April 18, 2023
□ Approved __________
□ As presented
□ With corrections
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NEW BUSINESS:
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1. PW 2023-41 Selection of Committee Liaisons
□ Moved forward to CC __________
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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2. PW 2023-42 Easement for Contract A Water Main – 1308 Game Farm Road
□ Moved forward to CC __________
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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3. PW 2023-43 Heartland Meadows – Consideration of Acceptance
□ Moved forward to CC __________
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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4. PW 2023-44 2023 Sanitary Sewer Lining – Design and Construction Engineering Agreement
□ Moved forward to CC __________
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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5. PW 2023-45 2024 Water Main Replacement – Design Engineering Agreements
□ Moved forward to CC __________
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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6. PW 2023-46 Grande Reserve Unit 13 – Release of Guarantee
□ Moved forward to CC __________
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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7. PW 2023-47 Grande Reserve Unit 14 – Release of Guarantee
□ Moved forward to CC __________
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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8. PW 2023-48 Grande Reserve Unit 23 – Release of Guarantee
□ Moved forward to CC __________
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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9. PW 2023-49 Supplemental MFT Resolution for Bulk Rock Salt
□ Moved forward to CC __________
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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10. PW 2023-50 Purchase and Sale of Vehicles
□ 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 – April 18, 2023
Public Works Committee – May 16, 2023
Majority
Committee Approval
Minute Taker
Name Department
DRAFT
Page 1 of 2
UNITED CITY OF YORKVILLE
PUBLIC WORKS COMMITTEE
Tuesday, April 18, 2023, 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 ongoing pandemic by allowing remote
attendance for this meeting.
IN ATTENDANCE:
Committee Members
Chairman Matt Marek Alderman Joe Plocher
Alderman Ken Koch Alderman Rusty Corneils
Other City Officials
City Administrator Bart Olson Public Works Director Eric Dhuse
Assistant City Administrator Erin Willrett Engineer Brad Sanderson, EEI
Other Guests:
Mike Krempski John Michael Joyce (via Zoom)
David Guss
The meeting was called to order at 6:00pm by Chairman Matt Marek.
Citizen Comments:
Mr. John Michael Joyce was present via Zoom and commented on the increasing water rates. He understands
the need to raise the funds and alsoconsiders the optics of the politicians who raise the fees. He proposed that
rather than raising the base rate of $24 for every 2 months, the base rate should remain the same and the fees on
the water usage after the base rate could be increased. He said the first 350 cubic feet is a small amount of water
that perhaps a single person would use and raising the base rate is not as impactful as the rates after that.
Regarding the sewer rate, 6,900 cubic feet is the base and he proposed to reduce the number in half, before the
extra charges are incurred. Mr. Dhuse said the 6,900 cubic feet is set by BKFD. Chairman Marek thanked Mr.
Joyce for his input.
Previous Meeting Minutes: March 21, 2023
The minutes were approved as presented.
New Business:
1. PW 2023-33 Water Reports for October 2022 – March 2023
These reports will be sent to the IEPA and Mr. Dhuse said reports for one quarter were inadvertently missed, but
will be sent to the state with no issue. He commented that water usage in January was much lower. These
reports move to the City Council consent agenda for a vote.
2. PW 2023-34 Capital Improvement Projects Update
Mr. Sanderson highlighted some of the projects. He said the all the major infrastructure for the Corneils Rd.
interceptor is complete as of today and on schedule. This sewer runs to the Bright Farm project. The Well #7
inspection is done and below the contract price. The pump and some pipe were replaced, but the motor was
Page 2 of 2
intact. It should be functional at the end of May. For the watermain replacement contract A, a meeting was held
with the residents and questions were answered. A pre-construction meeting will be held next week with the
project starting just after May 1. A pre-construction meeting for Baseline Rd. will be held tomorrow and the
project should start mid to late May.
3. PW 2023- 35 Quarterly Bond and Letter of Credit Reduction Summary
There was a small amount of activity on a couple different projects, said Mr. Sanderson. No further discussion.
4. PW 2023-36 2023 Road to Better Roads – Contract Award
Bids were taken a few weeks ago and 3 were received. D Construction was the lowest at a cost of about $1.2
million which is below estimate. Mr. Sanderson recommended awarding them the contract and the schedule will
be finalized after a pre-construction meeting. This will move forward to the regular Public Works agenda for
City Council.
5. PW 2023- 37 2023 Road to Better Roads – Construction Engineering Agreement
Mr. Olson said the engineering agreement from EEI is estimated at $85,989 and will need a City Council vote.
It is for supervision work, it is budgeted and he recommends approval. This moves to the regular Public Works
agenda for City Council.
6. PW 2023-38 Fox Hill and Sunflower Estates Maintenance Service
Mr. Dhuse said this is a 3-year contract award. Of the 5 bidders, Cox Landscaping gave the best prices and less
labor costs than others and he recommended awarding it to them. They are a local company and have done the
work the past 6 years. Also, the owner lives in town and is very responsive. Director Dhuse noted the price
doubled partly due to increased costs, but the company also gave a very low price in the past. The proposed
rates were consistent with other companies. The committee was OK with this bid and it moves forward to the
consent agenda.
7. PW 2023-39 Leak Detection Contract with M.E. Simpson
Mr. Dhuse said this will be an annual item. The city has been working with this company the last 3 years and
their proposal is for 156 miles of watermain. He would like to look at a multi-year contract. He said they are a
single-source bid and a super majority is needed. He said this company is very accurate in locating problems.
They use a listening device to pinpoint the problem area and they remain on the site until the area is located.
The committee was OK with this and it moves to the consent agenda.
8. PW 2023-40 Single Axle Dump Truck Price Increase
Mr. Dhuse said this is the fourth increase in price. He said he has been waiting for over 2 years for a truck and
expressed his dismay to the company. He said it is now scheduled for a July build. Mr. Olson noted that
Montgomery also had a fourth increase. Director Dhuse said he is looking at other brands that are in the same
price range. Alderman Corneils asked when delivery can be expected and Mr. Dhuse replied, by the end of the
year. This item moves to the standard agenda.
Old Business: None
Additional Business: None
There was no further business and the meeting adjourned at 6:23pm.
Minutes respectfully transcribed by Marlys Young, Minute Taker
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Community Development
Purchasing
Police
Public Works
Parks and Recreation
Agenda Item Number
New Business #1
Tracking Number
PW 2023-41
Selection of Committee Liaisons
Public Works Committee – May 16, 2023
Selection of liaisons to the Park Board and Yorkville-Bristol Sanitary District.
Bart Olson Administration
Name Department
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Community Development
Purchasing
Police
Public Works
Parks and Recreation
Agenda Item Number
New Business #2
Tracking Number
PW 2023-42
2023 Water Main Improvements – Contract A
Public Works Committee – May 16, 2023
Majority
Approval
Recommendation to Approve Easement
Brad Sanderson Engineering
Name Department
As part of the 2023 Water Main Replacement – Contract A improvements, existing water main
between Hillcrest Ave and Game Farm Road is scheduled to be replaced. This water main
currently runs beneath the Hillside Rehab and Care Center at 1308 Game Farm Road. There is
not currently an existing easement for this water main. The proposed water main is designed to
run within their parking lot. An easement for this water main has been granted by the property
owners at 1308 Game Farm Road. An exhibit noting the location is attached.
We recommend the acceptance of the easement.
If you have any questions or require additional information, please let us know.
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
CC: Eric Dhuse, Director of Public Works
Jori Behland, City Clerk
Rob Fredrickson, Finance Director
Date: May 1, 2023
Subject: 2023 Water Main Improvements – Contract A
LOT 16LOT 12LOT 13LOT 17PRAIRIE LANEGAME FARM ROADPAGE 1 OF 1“”“”Engineering Enterprises, Inc.GRANT OF EASEMENTTO THEUNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOISUNITED CITY OF YORKVILLE800 GAME FARM ROADYORKVILLE, IL 60560
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Community Development
Purchasing
Police
Public Works
Parks and Recreation
Agenda Item Number
New Business #3
Tracking Number
PW 2023-43
Heartland Meadows
Public Works Committee – May 16, 2023
Majority
Approval
Subdivision Acceptance Consideration
Brad Sanderson Engineering
Name Department
The developer has requested that the City accept the public improvements for ownership and
maintenance. All work related to the public improvements has been completed with the
exception of public sidewalk on eight (8) lots. It is anticipated that the sidewalk will be
completed within the next year.
We recommend that the public improvements (water main, sanitary sewer, storm sewer, paving,
sidewalk, street lighting and parkway trees) as described in the attached Bill of Sale be accepted
for ownership and maintenance by the City.
As required by City Code, the developer will be responsible to provide a performance guarantee
to cover the one-year maintenance period. This period starts after the City formally accepts the
improvements.
Along with final acceptance, there is a bond reduction to 10% of the value of the public
improvements (Maintenance Guarantee).
The existing bonds and new amounts are as follows:
Midland State Bank #437-1 $255,065.90
Current Total Bond Value $255,065.90
Original Value $1,256,223.00
Required Value (10% of Original) $133,399.30
Net Allowable Reduction $121,666.60
Upon City Council approval of the acceptance and the receipt of the executed Bill of Sale and
new guarantee amount, the existing security may then be released.
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
CC: Eric Dhuse, Director of Public Works
Krysti Barksdale-Noble, Community Dev. Dir.
Jori Behland, City Clerk
Date: May 1, 2023
Subject: Heartland Meadows
1
BILL OF SALE
Seller, _______________, in consideration of One and 00/100th Dollar ($1.00), receipt
hereby acknowledged, does hereby sell, assign, transfer and convey to the Buyer, the United City
of Yorkville, an Illinois municipal corporation, at 800 Game Farm Road, Yorkville, Illinois
60560, the following personal property to wit described in Exhibit A attached hereto for the
development know as Heartland Meadows and generally shown on Exhibit B.
Seller hereby represents and warrants to Buyer that Seller is the absolute owner of said
property, that said property is free and clear of all liens, charges and encumbrances, and that
Seller has full right, power, and authority to sell said property and to make this Bill of Sale.
IN WITNESS WHEREOF, Seller has signed and sealed this Bill of Sale at
___________________________________, this _____ day of _______________, 20__.
_______________________
Signature of Seller
Name:
Title:
Subscribed and Sworn to
before me this _____ day
of _____________, 20__.
_______________________
Notary Public
COMPLETED COMPLETED TOTAL TOTALITEM QUANTITY VALUE THIS COMPLETED COMPLETEDNO. ITEM QUANTITY UNITS VALUE UNIT PRICE THIS PERIOD PERIOD QUANTITY VALUES1 CA-6 GRANULAR BACKFILL TRENCHES 2025 TONS 56,700.00$ 28.00$ 0 0.00 2,02556,700.002 CA-7 GRANULAR BACKFILL UTILITY TRENCHES 7,025 TONS 196,700.00$ 28.00$ 0 0.00 7,025196,700.003 2' DIA TYPE A INLET13 EACH 18,200.00$ 1,400.00$ 00.001318,200.004 4' DIA CATCH BASIN7 EACH 14,700.00$ 2,100.00$ 0 0.00 714,700.005 5' DIA CATCH BASIN6 EACH 16,800.00$ 2,800.00$ 0 0.00 616,800.006 12" HDPE N12 PIPE465 FOOT 20,925.00$ 45.00$ 0 0.00 46520,925.007 12" RCP STORM SEWER565 FOOT 25,425.00$ 45.00$ 0 0.00 56525,425.008 15" RCP STORM SEWER262 FOOT 13,100.00$ 50.00$ 0 0.00 26213,100.009 18" RCP STORM SEWER190 FOOT 10,450.00$ 55.00$ 0 0.00 19010,450.0010 24" RCP STORM SEWER277 FOOT 18,005.00$ 65.00$ 0 0.00 27718,005.0011 4' DIA. OUTFALL STRUCTURE 1 EACH 2,400.00$ 2,400.00$ 0 0.00 12,400.0012 12" FLARED END SECTION W/ GRATE 2 EACH 1,300.00$ 650.00$ 0 0.00 21,300.0013 24" FLARED END SECTION W/ GRATE 2 EACH 1,700.00$ 850.00$ 0 0.00 21,700.0014 CONNECT TO EXISTING SVC15 EACH 3,750.00$ 250.00$ 00.00153,750.0015 WATER SERVICE WITH B-BOX46 EACH 32,200.00$ 700.00$ 00.004632,200.0016 6" DIP WATERMAIN AND FITTINGS 9 FOOT 378.00$ 42.00$ 00.009378.0017 8" DIP WATERMAIN AND FITTINGS 912 FOOT 45,600.00$ 50.00$ 0 0.00 91245,600.0018 FIRE HYDRANT W/AUX. VALVE3 EACH 10,500.00$ 3,500.00$ 00.00310,500.0019 8" GATE VALVE2 EACH 3,000.00$ 1,500.00$ 00.0023,000.0020 WATER MAIN PRESSURE CONNECT W/5' VAULT 2 EACH 10,000.00$ 5,000.00$ 00.00210,000.0021 6" PVC SDR26 SANITARY PIPE 1,432 FOOT 57,280.00$ 40.00$ 0 0.00 1,43257,280.0022 4' DIA SANITARY MANHOLE6 EACH 16,800.00$ 2,800.00$ 00.00616,800.0023 8" PVC SDR26 SANITARY PIPE991 FOOT 39,640.00$ 40.00$ 0 0.00 99139,640.0024 8" PVC SDR21 SANITARY PIPE284 FOOT 14,200.00$ 50.00$ 0 0.00 28414,200.0025 PRIMER COAT270 GALS 810.00$ 3.00$ 0 0.00 270810.0026 STABILIZED CONSTRUCTION ENTRANCE BASE 35 TONS 980.00$ 28.00$ 00.0035980.0027 SAW CUTS1,535 FOOT 3,070.00$ 2.00$ 0 0.00 1,5353,070.0028 MILLING & RESURFACE FREEMONT 104 TONS 12,480.00$ 120.00$ 0 0.00 10412,480.0029 RESURFACE JACKSON150 TONS 15,000.00$ 100.00$ 0 0.00 15015,000.0030 RESURFACE BRISTOL95 TONS 9,500.00$ 100.00$ 00.00959,500.0031 COMB. CONCRETE B-612 CURB & GUTTER 2,950 FOOT 67,850.00$ 23.00$ 0 0.00 2,95067,850.0032 CLASS D PATCHES - SANITARY SERVICE 13 EACH 9,750.00$ 750.00$ 00.00139,750.0033 CLASS D PATCHES - WATER SERVICE 6 EACH 3,000.00$ 500.00$ 00.0063,000.0034 AGGREGATE COURSE. TYPE A, CA-6 1,795 TONS 50,260.00$ 28.00$ 0 0.00 1,79550,260.0035 5" P.C.C. PAVEMENT / SIDEWALK 15,911 SQ FT 111,377.00$ 7.00$ 6,498 45,486.00 14,901104,307.0036 HMA IL - 19. N50 2 1/2" BINDER COURSE 460 TONS 41,400.00$ 90.00$ 0 0.00 46041,400.0037 HMA IL - 12.5 N50 1 1/2" SURFACE COURSE 275 TONS 27,500.00$ 100.00$ 275 27,500.00 27527,500.0038 HMA IL - 9.5. N50 3" SURFACE COURSE 120 TONS 12,000.00$ 100.00$ 120 12,000.00 12012,000.0039 HMA IL - 12.5. N50 3" SURFACE COURSE 57 TONS 5,700.00$ 100.00$ 57 5,700.00 575,700.0040 TRAFFIC CONTROL1LUMP SUM6,000.00$ 6,000.00$ 0.50 3,000.00 1.00 6,000.0041 SEEDING CLASS 1A2 ACRE 4,500.00$ 3,000.00$ 0.84 2,520.00 1.50 4,500.00BOND REDUCTION NO. 4 - HEARTLAND MEADOWSUNITED CITY OF YORKVILLEMAY 16, 2023Page 1\\Milkyway\EEI_Storage\Docs\Public\Yorkville\2013\YO1343-DR Heartland Meadows\Letter of Credit Reductions\LOC Reductions - Heartland Meadows
COMPLETED COMPLETED TOTAL TOTALITEM QUANTITY VALUE THIS COMPLETED COMPLETEDNO. ITEM QUANTITY UNITS VALUE UNIT PRICE THIS PERIOD PERIOD QUANTITY VALUESBOND REDUCTION NO. 4 - HEARTLAND MEADOWSUNITED CITY OF YORKVILLEMAY 16, 202342 DETENTION POND13,845 CU YD 138,450.00$ 10.00$ 0 0.00 13,845138,450.0043 EROSION BLANKET3,187 SQ YD 4,780.50$ 1.50$ 0 0.00 3,1874,780.5044 LANDSCAPING - TREES75 EACH 30,000.00$ 400.00$ 15 6,000.00 7530,000.0045 POWER POLE RELOCATION3 EACH 30,000.00$ 10,000.00$ 00.00330,000.0046 SIGNAGE9 EACH 2,700.00$ 300.00$ 00.0092,700.0047 THERMOPLASTIC STRIPING INCL. STOP BAR 975 FOOT 1,462.50$ 1.50$ 0 0.00 9751,462.5048 LIGHT POLE3 EACH 15,000.00$ 5,000.00$ 00.00315,000.0049 DRIVEWAY APRON REMOVAL230 SQ FT 1,150.00$ 5.00$ 0 0.00 2301,150.0050 SIDEWALK REMOVAL990 SQ FT 4,950.00$ 5.00$ 0 0.00 9904,950.0051 EROSION CONTROL SEEDING 3 ACRE 9,000.00$ 3,000.00$ 1.50 4,500.00 3.009,000.0052 PERIMETER EROSION BARRIER 2,400 FOOT 4,800.00$ 2.00$ 1,200 2,400.00 2,4004,800.0053 ADDITIONAL EROSION CONTROL ITEMS 1LUMP SUM3,000.00$ 3,000.00$ 0.50 1,500.00 1.003,000.00TOTAL1,256,223.00$ 110,606.00$ 1,249,153.00$ PREVIOUS REDUCTIONSVALUESTOTAL IMPROVEMENT COST1,256,223.00$ REDUCTION NO. 11,110,534.25$ TOTAL VALUE OF COMPLETED IMPROVEMENTS1,249,153.00$ REDUCTION NO. 271,711.75$ COST TO COMPLETE IMPROVEMENTS7,070.00$ REDUCTION NO. 371,688.10$ BALANCE OF SECURITY255,065.90$ PREPARED BY:DATE:NEW BALANCE OF SECURITY REQUIRED133,399.30$ (120% COST TO COMPLETE + 10% COMPLETED IMPROVEMENTS) APPROVED BY:DATE:NET ALLOWABLE BOND REDUCTION121,666.60$ Page 2\\Milkyway\EEI_Storage\Docs\Public\Yorkville\2013\YO1343-DR Heartland Meadows\Letter of Credit Reductions\LOC Reductions - Heartland Meadows
EXHIBIT A
HEARTLAND MEADOWS
UNITED CITY OF YORKVILLE
UNIT QUANTITIY
TONS 250
EACH 13
EACH 7
EACH 6
FOOT 465
FOOT 565
FOOT 262
FOOT 190
FOOT 277
EACH 1
EACH 2
EACH 2
TONS 1,775
EACH 15
EACH 46
FOOT 9
FOOT 912
EACH 3
EACH 2
EACH 2
TONS 7,025
FOOT 1,432
EACH 6
FOOT 991
FOOT 284
GALS 270
TONS 35
FOOT 785
TONS 104
TONS 150
TONS 95
FOOT 2,950
EACH 13
EACH 6
TONS 1,795
SQ FT 15,911
TONS 460
TONS 275
TONS 120
PRIMER COAT
STABILIZED CONSTRUCTION ENTRANCE BAS
SAW CUTS
MILLING & RESURFACE FREEMONT
RESURFACE JACKSON
RESURFACE BRISTOL
COMB. CONCRETE B-612 CURB & GUTTER
CLASS D PATCHES - SANITARY SERVICE
CLASS D PATCHES - WATER SERVICE
AGGREGATE COURSE. TYPE A, CA-6
24" FLARED END SECTION W/ GRATE
WATER MAIN CONSTRUCTION
CA-6 GRANULAR BACKFILL TRENCHES
12" RCP STORM SEWER
15" RCP STORM SEWER
18" RCP STORM SEWER
24" RCP STORM SEWER
4' DIA. OUTFALL STRUCTURE
8" PVC SDR21 SANITARY PIPE
ROADWAY CONSTRUCTION
CONNECT TO EXISTING SVC
WATER SERVICE WITH B-BOX
6" DIP WATERMAIN AND FITTINGS
8" DIP WATERMAIN AND FITTINGS
SANITARY SEWER CONSTRUCTION
FIRE HYDRANT W/AUX. VALVE
8" GATE VALVE
W. MAIN PRESSURE CONNECT W/5' VAULT
CA-7 GRANULAR BACKFILL UTILITY TRENCHES
6" PVC SDR26 SANITARY PIPE
4' DIA SANITARY MANHOLE
8" PVC SDR26 SANITARY PIPE
12" FLARED END SECTION W/ GRATE
UTILITIES
STORM SEWER CONSTRUCTION
CA-6 GRANULAR BACKFILL TRENCHES
4' DIA CATCH BASIN
5' DIA CATCH BASIN
12" HDPE N12 PIPE
2' DIA. TYPE A INLET
5" P.C.C. PAVEMENT / SIDEWALK
HMA IL - 19. N50 2 1/2" BINDER COURSE
HMA IL - 12.5 N50 1 1/2" SURFACE COURSE
HMA IL - 9.5. N50 3" SURFACE COURSE
EXHIBIT A
HEARTLAND MEADOWS
UNITED CITY OF YORKVILLE
TONS 57
L.S.3
FOOT 750
ACRE 2
C.Y.13,845
S.Y.3,187
EACH 75
EACH 3
EACH 9
FOOT 975
EACH 3
SQ FT 230
SQ FT 990
ACRE 3
FOOT 2,400
L.S.3
GENERAL CONSTRUCTION
TRAFFIC CONTROL
HMA IL - 12.5. N50 3" SURFACE COURSE
EROSION CONTROL
EROSION CONTROL SEEDING
PERIMETER EROSION BARRIER
ADDITIONAL EROSION CONTROL ITEMS
SAW CUTS
SEEDING CLASS 1A
DETENTION POND
EROSION BLANKET
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LIGHT POLE
DRIVEWAY APRON REMOVAL
SIDEWALK REMOVAL
)()-()-PARK
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JACKSONBRIDGE
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LIBERTYBRISTOLALEXANDRA FREEMONT720
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Engineering Enterprises, Inc.
52 Wheeler Road
Sugar Grove, Illinois 60554
(630) 466-6700
HEARTLAND MEADOWS
LOCATION MAP
www.eeiweb.com DATE
DATE:
PROJECT NO.:
FILE:
PATH:
BY:
APRIL 2023
YO1343
YO1343_Heartland Meadows Road Exhibit B.MXD
H:\GIS\PUBLIC\YORKVILLE\2013\
MJT
NO.REVISIONS ³United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
630-553-4350www.yorkville.il.us
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
Legend
Heartland Meadows Boundary
Roadway Acceptance
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 #4
Tracking Number
PW 2023-44
2023 Sanitary Sewer Lining – Design and Construction Engineering Agreement
Public Works Committee – May 16, 2023
Majority
Approval
Bart Olson
Name Department
Summary
Consideration of a design and construction services agreement with EEI for the 2023
sanitary sewer lining program.
Background
This item was last discussed during the FY 23 budget presentation, when the City
Council reviewed a budget proposal that contains $400,000 for sanitary sewer lining. Since that
meeting, the staff have narrowed down the geographic location of the proposed sewer lining
(King St, Tower Lane, and surrounding area). Accordingly, EEI has submitted a design and
construction engineering agreement for our consideration.
The agreement submitted by EEI covers both design and construction engineering and
sewer televising. The total cost of the contract is estimated to be ~$43,000 including a fixed fee
design engineering contract amount of $26,532 (which includes ~$14,000 for sewer televising
and cleaning) plus construction engineering fees paid at hourly rates in the estimated amount of
$17,039.
Recommendation
Staff recommends approval of the professional services agreement with EEI for design
and construction engineering, and sanitary sewer televising.
Memorandum
To: City Council
From: Bart Olson, City Administrator
CC:
Date: May 11, 2023
Subject: Sanitary sewer lining – design and construction engineering
agreement
2023 Sanitary Sewer Lining
United City of Yorkville
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 Scope
of Services (Attachment B). Design and construction engineering will be provided for
approximately 4,900 linear feet of sanitary sewer lining on Tower Lane, Somonauk St.,
King St., and Center St., (see Attachment E for project limits). Engineering will be in
accordance with all City, Standard Specifications for Water and Sewer Construction in
Illinois, Illinois Department of Transportation, and Illinois Environmental Protection
Agency requirements.
B. Term:
Services will be provided beginning on the date of execution of this agreement and
continuing, until terminated by either party upon 7 days written notice to the non-
terminating party or upon completion of the Services. Upon termination the ENGINEER
shall be compensated for all work performed for the City prior to termination.
C. Compensation and maximum amounts due to ENGINEER:
ENGINEER shall receive as compensation for all work and services to be performed
herein, an amount based on the Estimate of Level of Effort and Associated Cost included
in Attachment C. Design Engineering will be paid for as a Fixed Fee (FF) in the amount
of $26,532, of which direct are estimated at $13,750. Construction Engineering will be
paid for Hourly (HR) at the actual rates for services to be performed, currently estimated
at $17,039. The hourly rates for this project are shown in the attached 2023 Standard
Schedule of Charges (Attachment F). All payments will be made according to the Illinois
State Prompt Payment Act and not less than once every thirty days.
D. Changes in Rates of Compensation:
In the event that this contract is designated in Section B hereof as an Ongoing Contract,
ENGINEER, on or before February 1st of any given year, shall provide written notice of
any change in the rates specified in Section C hereof (or on any attachments hereto) and
said changes shall only be effective on and after May 1st of that same year.
2023 Sanitary Sewer Lining
United City of Yorkville
Professional Services Agreement
Design & 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).
2023 Sanitary Sewer Lining
United City of Yorkville
Professional Services Agreement
Design & 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
2023 Sanitary Sewer Lining
United City of Yorkville
Professional Services Agreement
Design & 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
2023 Sanitary Sewer Lining
United City of Yorkville
Professional Services Agreement
Design & 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:
Attachment A: Standard Terms and Conditions
Attachment B: Scope of Services
Attachment C: Estimate of Level of Effort and Associated Cost
Attachment D: Estimated Schedule
Attachment E: Location Map
Attachment F: 2023 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 __________________, 2023.
United City of Yorkville: Engineering Enterprises, Inc.:
_________________________________ ________________________________
John Purcell Brad Sanderson, PE
Mayor Chief Operating Officer / President
_________________________________ ________________________________
Jori Behland Angie Smith
City Clerk Executive Assistant
STANDARD TERMS AND CONDITIONS
Agreement: These Standard Terms and Conditions, together with the Professional Services
Agreement, constitute the entire integrated agreement between the OWNER and Engineering
Enterprises, Inc. (EEI) (hereinafter “Agreement”), and take precedence over any other provisions
between the Parties. These terms may be amended, but only if both parties consent in writing.
Standard of Care: In providing services under this Agreement, the ENGINEER will
endeavor to perform in a matter consistent with that degree of care and skill ordinarily exercised
by members of the same profession currently practicing under same circumstances in the same
locality. ENGINEER makes no other warranties, express or implied, written or oral under this
Agreement or otherwise, in connection with ENGINEER’S service.
Construction Engineering and Inspection: The ENGINEER shall not supervise, direct,
control, or have authority over any contractor work, nor have authority over or be responsible for
the means, methods, techniques sequences, or procedures of construction selected or used by any
contractor, or the safety precautions and programs incident thereto, for security or safety of the
site, nor for any failure of a contractor to comply with laws and regulations applicable to such
contractor’s furnishing and performing of its work.
The ENGINEER neither guarantees the performance of any contractor nor assumes
responsibility for contractor’s failure to furnish and perform the work in accordance with the
contract documents.
The ENGINEER is not responsible for the acts or omissions of any contractor, subcontractor, or
supplies, or any of their agents or employees or any other person at the site or otherwise
furnishing or performing any work.
Shop drawing and submittal review by the ENGINEER shall apply to only the items in the
submissions and only for the purpose of assessing if upon installation or incorporation in the
project work they are generally consistent with the construction documents. OWNER agrees that
the contractor is solely responsible for the submissions and for compliance with the construction
documents. OWNER further agrees that the ENGINEER’S review and action in relation to these
submissions shall not constitute the provision of means, methods, techniques, sequencing or
procedures of construction or extend or safety programs or precautions. The ENGINEER’S
consideration of a component does not constitute acceptance of the assembled items.
The ENGINEER’S site observation during construction shall be at the times agreed upon in the
Project Scope. Through standard, reasonable means the ENGINEER will become generally
familiar with observable completed work. If the ENGINEER observes completed work that is
inconsistent with the construction documents, that information shall be communicated to the
contractor and OWNER for them to address.
Opinion of Probable Construction Costs: ENGINEER’S opinion of probable construction
costs represents ENGINEER’S best and reasonable judgment as a professional engineer.
OWNER acknowledges that ENGINEER has no control over construction costs of contractor’s
methods of determining pricing, or over competitive bidding by contractors, or of market
conditions or changes thereto. ENGINEER cannot and does not guarantee that proposals, bids or
actual construction costs will not vary from ENGINEER’S opinion of probable construction
costs.
Copies of Documents & Electronic Compatibility: Copies of Documents that may be
relied upon by OWNER are limited to the printed copies (also known as hard copies) that are
signed or sealed by the ENGINEER. Files in electronic media format of text, data, graphics, or of
other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER.
Any conclusion or information obtained or derived from such electronic files will be at the user's
sole risk. When transferring documents in electronic media format, ENGINEER makes no
representations as to long term compatibility, usability, or readability of documents resulting
from the use of software application packages, operating systems, or computer hardware
differing from those used by ENGINEER at the beginning of the project.
Changed Conditions: If, during the term of this Agreement, circumstances or conditions
that were not originally contemplated by or known to the ENGINEER are revealed, to the extent
that they affect the scope of services, compensation, schedule, allocation of risks, or other
material terms of this Agreement, the ENGINEER may call for renegotiation of appropriate
portions of this Agreement. The ENGINEER shall notify the OWNER of the changed conditions
necessitating renegotiation, and the ENGINEER and the OWNER shall promptly and in good
faith enter into renegotiation of this Agreement to address the changed conditions. If terms
cannot be agreed to, the parties agree that either party has the absolute right to terminate this
Agreement, in accordance with the termination provision hereof.
Hazardous Conditions: OWNER represents to ENGINEER that to the best of its
knowledge no Hazardous Conditions (environmental or otherwise) exist on the project site. If a
Hazardous Condition is encountered or alleged, ENGINEER shall have the obligation to notify
OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental
officials. It is acknowledged by both parties that ENGINEER's scope of services does not include
any services related to a Hazardous Condition. In the event ENGINEER or any other party
encounters a Hazardous Condition, ENGINEER may, at its option and without liability for
consequential or any other damages, suspend performance of services on the portion of the
project affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or
contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous
Condition; and (ii) warrants that the project site is in full compliance with applicable Laws and
Regulations.
Consequential Damages: Notwithstanding any other provision of this Agreement, and to the
fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective
officers, directors, partners, employees, contractors, or subcontractors shall be liable to the other
or shall make any claim for any incidental, indirect, or consequential damages arising out of or
connected in any way to the Project or to this Agreement. This mutual waiver of consequential
damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of
income, loss of reputation, or any other consequential damages that either party may have
incurred from any cause of action including negligence, strict liability, breach of contract, and
breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar
waivers of consequential damages protecting all the entities or persons named herein in all
contracts and subcontracts with others involved in this project.
Termination: This Agreement may be terminated for convenience, without cause, upon
fourteen (14) days written notice of either party. In the event of termination, the ENGINEER
shall prepare a final invoice and be due compensation as set forth in the Professional Services
Agreement for all costs incurred through the date of termination.
Either party may terminate this Agreement for cause upon giving the other party not less than
seven (7) calendar days’ written notice for the following reasons:
(a) Substantial failure by the other party to comply with or perform in accordance
with the terms of the Agreement and through no fault of the terminating party;
(b) Assignment of the Agreement or transfer of the project without the prior written
consent of the other party;
(c) Suspension of the project or the ENGINEER’S services by the OWNER for a
period of greater than ninety (90) calendar days, consecutive or in the aggregate.
(d) Material changes in the conditions under which this Agreement was entered into,
the scope of services or the nature of the project, and the failure of the parties to
reach agreement on the compensation and schedule adjustments necessitated by
such changes.
Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual
relationship with or a cause of action in favor of a third party against either the OWNER or the
ENGINEER. The ENGINEER’S services under this Agreement are being performed solely and
exclusively for the OWNER’S benefit, and no other party or entity shall have any claim against
the ENGINEER because of this Agreement or the performance or nonperformance of services
hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts
with contractors, subcontractors, vendors and other entities involved in this Project to carry out
the intent of this provision.
Force Majeure: Each Party shall be excused from the performance of its obligations under
this Agreement to the extent that such performance is prevented by force majeure (defined
below) and the nonperforming party promptly provides notice of such prevention to the other
party. Such excuse shall be continued so long as the condition constituting force majeure
continues. The party affected by such force majeure also shall notify the other party of the
anticipated duration of such force majeure, any actions being taken to avoid or minimize its
effect after such occurrence, and shall take reasonable efforts to remove the condition
constituting such force majeure. For purposes of this Agreement, “force majeure” shall include
conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary
or involuntary compliance with any regulation, law or order of any government, war, acts of war
(whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or
default of public utilities or common carriers, destruction of production facilities or materials by
fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder
shall in no event be delayed by the payer because of a force majeure affecting the payer.
Additional Terms or Modification: All prior understandings and agreements between
the parties are merged into this Agreement, and this Agreement may not be modified orally or in
any manner other than by an Agreement in writing signed by both parties. In the event that any
provisions of this Agreement shall be held to be invalid or unenforceable, the remaining
provisions shall be valid and binding on the parties.
Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under
or interest in this Agreement without the prior written consent of the other party. Subcontracting
normally contemplated by the ENGINEER shall not be considered an assignment for purposes of
this Agreement.
Waiver: A party’s waiver of, or the failure or delay in enforcing any provision of this
Agreement shall not constitute a waiver of the provision, nor shall it affect the enforceability of
that provision or of the remainder of this Agreement.
Attorney’s Fees: In the event of any action or proceeding brought by either party against the
other under this Agreement, the prevailing party shall be entitled to recover from the other all
costs and expenses including without limitation the reasonable fees of its attorneys in such action
or proceeding, including costs of appeal, if any, in such amount as the Court may adjudge
reasonable.
Headings: The headings used in this Agreement are inserted only as a matter of convenience
only, and in no way define, limit, enlarge, modify, explain or define the text thereof nor affect
the construction or interpretation of this Agreement.
Attachment B – Scope of Services
2023 Sanitary Sewer Lining
United City of Yorkville, IL
The United City of Yorkville intends to install a CIPP liner for approximately 4,900’ of sanitary
sewer along Tower Lane, Somonauk St., King St., and Center St.
Our proposed scope of services for Design Engineering will include the following:
2.1 Project Management and Administration
x Management of Personnel and the Engineering Contract
x Coordination with the City
x Coordinate Televising of Sewer and Review of Existing Conditions
2.2 Project Meetings
x Project Kick-Off Meeting Between the City and EEI
2.3 Bid Package, Specifications and Estimates
x Preparation of 50% Specifications
x Preparation of 100% Project Manual and Engineer’s Opinion of Probable Construction Cost.
Project Manual Shall Include Bidding and Contract Documents, General Conditions, and
Special Provisions.
2.4 Bidding and Contracting
x Prepare Bidders List and Ad for Bid
x Submit Ad for Bid to the Local Paper and Post Bidding Documents on QuestCDN
x Address Bid Questions and Prepare Addenda
x Attend Bid Opening
x Prepare Bid Tab, Bid Summary, and Recommendation of Award
x Execute Contract Documents
The following scope of services will be provided by EEI’s Subconsultant:
CamVac – Televising Existing Sanitary Sewer
Our proposed scope of services for Construction Engineering will include the following:
3.1 Construction Administration
x Prepare for, Attend and Facilitate the Preconstruction Meeting with the Contractor Including
Preparation of Meeting Minutes
x Shop Drawing Review
x Prepare and Handout Construction Notice Flyers to Residents
x Coordinate with City Services (Garbage, Mail, Etc.)
x Prepare Pay Estimates and Change Orders
x Gather Invoices and Waivers of Lien
x Provide Weekly Updates to City or as Required Based on Onsite Activities
2023 Sanitary Sewer Lining
United City of Yorkville
Professional Services Agreement
Design and Construction Engineering
Attachment B - Scope of Services
3.2 Construction Observation and Documentation
x Provide Resident Engineering Services for Construction
x Provide Quantity Tracking, Documentation and Daily Field Reports
x Perform Punch Walks, Prepare Punch List Letters and Provide Follow Up Inspections and
Recommend Acceptance When Appropriate (2 Each)
x Prepare Project Closeout Paperwork
The above scope for “2023 Sanitary Sewer Lining” 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 base contract and will
be billed in accordance with the Standard Schedule of Charges.
ATTACHMENT C: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COSTPROFESSIONAL ENGINEERING SERVICES CLIENT United City of YorkvillePROJECT TITLEPREPARED BY2023 Sanitary Sewer LiningROLE PIC PM SPT 2 PE SPM SPT 2 PT SPT 2 SPT 1 ADMINRATE $239 $204 $167 $162 $227 $167 $135 $167 $156 $70DESIGN ENGINEERING2.1 Project Management and Administration - 6 - 4 - - - - - - 10 1,872$ 2.2 Project Meetings 2 2 - 4 - - - - - - 8 1,534$ 2.3 Bid Package, Specifications and Estimates - 7 - 24 - - - - - - 31 5,316$ 2.4 Bidding and Contracting - 4 - 17 - - - - - 7 28 4,060$ Insert Task Subtotal: 2 19 - 49 - - - - - 7 - 77 12,782$ CONSTRUCTION ENGINEERING3.1 Construction Administration 2 14 20 - - - - - - 2 38 6,814$ 3.2 Observation and Documentation - 2 56 - - - - - - 2 60 9,900$ Insert Task Subtotal: 2 16 76 - - - - - - 4 - 98 16,714$ 2 19 - 49 - - - - - 7 - 77 29,496 DIRECT EXPENSESVehicle Charges = 325$ Cleaning & Televising = 13,750$ DIRECT EXPENSES = 14,075$ LABOR SUMMARYEEI Labor Expenses = 29,496$ TOTAL LABOR EXPENSES29,496$ TOTAL COSTS 43,571$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.comPROJECT TOTAL:KDWCOSTTASK NO.TASK DESCRIPTIONHOURS
ATTACHMENT D: ESTIMATED SCHEDULECLIENT PROJECT NUMBERUnited City of YorkvilleYO2314-PPROJECT TITLEDATE PREPARED BY2023 Sanitary Sewer LiningKDWJUNE JULYAUG SEPT OCT NOV DEC JAN FEB MARAPR MAYDESIGN ENGINEERING2.1Project Management and Administration2.2Project Meetings2.3Bid Package, Specifications and Estimates2.4Bidding and ContractingCONSTRUCTION ENGINEERING3.1Construction Administration3.2Observation and Documentation 52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.comTASK NO.TASK DESCRIPTION5/4/232023 2024
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W Somonauk StGame Farm RdSunset AveE Somonauk St
S Bridge StChurch StDaltonAveColton StLiberty StW Main St
Appletree
Ct
E Park St
W Spring St
W Center St
King StW River St
E Center St
E Spring St Bristol AveTower LnConover Ln
E Main StWest StJackson St
Walnut St
N Bridge StN Bridge StGeorgeanna St
8
"
6"
12"8"10"
6"
8"
6"8"15"10"8"
8"8"10"8"
12"
8"
14"
8"
24"10"12"8"10"10"14"
8"8"8"
12"10"15"12"8"10"8"8"12"
8"
8"
6"
Copyright nearmap 2015
WalshEngineering Enterprises, Inc.
52 Wheeler Road
Sugar Grove, Illinois 60554
(630) 466-6700
2023 SANITARY SEWER LINING
LOCATION MAP
www.eeiweb.com
DATE:
PROJECT NO.:
FILE:
PATH:
BY:
APRIL 2023
YO2306
YO2218_Sanitary Lining Center-King.MXD
H:\GIS\PUBLIC\YORKVILLE\2023\
MJT
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
630-553-4350 ³
400 0 400200 Feet
Old
SANITARY SEWER LINING
390 LF, 8"
SANITARY SEWER LINING
920 LF, 15"
SANITARY SEWER LINING
725 LF 12"
SANITARY SEWER LINING
725 LF 12"
SANITARY SEWER LINING
2,105 LF 10"
Legend
Sanitary Sewer Lining
$77$&+0(17(
EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE
Senior Principal E-4 $239.00
Principal E-3 $234.00
Senior Project Manager E-2 $227.00
Project Manager E-1 $204.00
Senior Project Engineer/Surveyor II P-6 $192.00
Senior Project Engineer/Surveyor I P-5 $179.00
Project Engineer/Surveyor P-4 $162.00
Senior Engineer/Surveyor P-3 $149.00
Engineer/Surveyor P-2 $135.00
Associate Engineer/Surveyor P-1 $122.00
Senior Project Technician II T-6 $167.00
Senior Project Technician I T-5 $156.00
Project Technician T-4 $146.00
Senior Technician T-3 $135.00
Technician T-2 $122.00
Associate Technician T-1 $107.00
GIS Technician II G-2 $119.00
GIS Technician I G-1 $110.00
Engineering/Land Surveying Intern I-1 $ 79.00
Executive Administrative Assistant A-4 $ 75.00
Administrative Assistant A-3 $ 70.00
VEHICLES. REPROGRAPHICS, DIRECT COSTS, DRONE AND EXPERT TESTIMONY
Vehicle for Construction Observation $ 15.00
In-House Scanning and Reproduction $0.25/Sq. Ft. (Black & White)
$1.00/Sq. Ft. (Color)
Reimbursable Expenses (Direct Costs) Cost
Services by Others (Direct Costs) Cost + 10%
Unmanned Aircraft System / Unmanned Aerial Vehicle / Drone $ 216.00
Expert Testimony $ 271.00
STANDARD SCHEDULE OF CHARGES ~ JANUARY 1, 2023
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 #5
Tracking Number
PW 2023-45
2024 Water Main Replacement - Design Engineering Agreement
Public Works Committee – May 16, 2023
Majority
Approval
Brad Sanderson Engineering
Name Department
Summary
Consideration of two design engineering agreements with EEI for the 2024 watermain
replacement program.
Background
This item was last discussed during the FY 24 budget presentation, when the City
Council reviewed a budget proposal that contains more than $5,000,000 for watermain
replacement in FY 25. In order to bid these items out in Spring 2024, the design engineering
needs to begin immediately. Accordingly, EEI has submitted two design engineering contracts
for the 2024 watermain replacement program.
The two agreements submitted by EEI covers design engineering services only. The total
cost of both contracts is $340,507, and this cost is included in the FY 24 and FY 25 budget. The
first contract (A) is for $172,070 and includes watermain work occurring generally north of the
Fox River, West of Route 47 and South of Route 34. The second contract (B) is for $168,437
and includes watermain work occurring in and around the Fox Industrial Park south of town.
EEI and staff are recommending that we split this work into the two contracts so both projects
are around $2-3m (any larger and we might be outside the capabilities of local contractors) and
so that the two projects are grouped geographically.
Recommendation
Staff recommends approval of the professional services agreement with EEI for design
engineering for the 2024 watermain replacement program.
Memorandum
To: City Council
From: Bart Olson, City Administrator
CC:
Date: May 11, 2023
Subject: Watermain design engineering contracts (A and B)
2024 Water Main Improvements – Contract A
United City of Yorkville
Professional Services Agreement - Design Engineering
THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred
to as the "City" or “OWNER” and Engineering Enterprises, Inc. hereinafter referred to as
the "Contractor" or “ENGINEER” agrees as follows:
A. Services:
ENGINEER agrees to furnish to the City the following services: The ENGINEER shall
provide any and all necessary engineering services to the City as indicated on the Scope
of Services (Attachment B). Design engineering will be provided for approximately
5,200 linear feet of water main improvements on Center St., West St., Park St., Spring
St., Colton St., and River St. (see Attachment E for project limits). Engineering will be
in accordance with all City, Standard Specifications for Water and Sewer Construction in
Illinois, Illinois Department of Transportation, and Illinois Environmental Protection
Agency requirements.
B. Term:
Services will be provided beginning on the date of execution of this agreement and
continuing, until terminated by either party upon 7 days written notice to the non-
terminating party or upon completion of the Services. Upon termination the ENGINEER
shall be compensated for all work performed for the City prior to termination.
C. Compensation and maximum amounts due to ENGINEER:
ENGINEER shall receive as compensation for all work and services to be performed
herein, an amount based on the Estimate of Level of Effort and Associated Cost included
in Attachment C. Design Engineering will be paid for as a Fixed Fee (FF) in the amount
of $172,070, of which direct expenses are estimated at $11,285. The hourly rates for this
project are shown in the attached 2023 Standard Schedule of Charges (Attachment F).
All payments will be made according to the Illinois State Prompt Payment Act and not
less than once every thirty days.
D. Changes in Rates of Compensation:
In the event that this contract is designated in Section B hereof as an Ongoing Contract,
ENGINEER, on or before February 1st of any given year, shall provide written notice of
any change in the rates specified in Section C hereof (or on any attachments hereto) and
said changes shall only be effective on and after May 1st of that same year.
2024 Water Main Improvements – Contract A
United City of Yorkville
Professional Services Agreement
Design Engineering
E. Ownership of Records and Documents:
ENGINEER agrees that all books and records and other recorded information developed
specifically in connection with this agreement shall remain the property of the City.
ENGINEER agrees to keep such information confidential and not to disclose or
disseminate the information to third parties without the consent of the City. This
confidentiality shall not apply to material or information, which would otherwise be
subject to public disclosure through the freedom of information act or if already
previously disclosed by a third party. Upon termination of this agreement, ENGINEER
agrees to return all such materials to the City. The City agrees not to modify any original
documents produced by ENGINEER without contractors consent. Modifications of any
signed duplicate original document not authorized by ENGINEER will be at OWNER’s
sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned
document will, likewise, be at the OWNER’s sole risk and without legal liability to the
ENGINEER.
F. Governing Law:
This contract shall be governed and construed in accordance with the laws of the State of
Illinois. Venue shall be in Kendall County, Illinois.
G. Independent Contractor:
ENGINEER shall have sole control over the manner and means of providing the work
and services performed under this agreement. The City’s relationship to the ENGINEER
under this agreement shall be that of an independent contractor. ENGINEER will not be
considered an employee to the City for any purpose.
H. Certifications:
Employment Status: The Contractor certifies that if any of its personnel are an employee
of the State of Illinois, they have permission from their employer to perform the service.
Anti-Bribery: The Contractor certifies it is not barred under 30 Illinois Compiled Statutes
500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery
or attempted bribery of an officer or employee of the State of Illinois or any other state.
Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not
in default for a period of six months or more in an amount of $600 or more on the
repayment of any educational loan guaranteed by the Illinois State Scholarship
Commission made by an Illinois institution of higher education or any other loan made
from public funds for the purpose of financing higher education (5 ILCS 385/3).
2024 Water Main Improvements – Contract A
United City of Yorkville
Professional Services Agreement
Design Engineering
Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois
Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any
agency as a result of being convicted of a felony.
Barred from Contracting: The Contractor certifies that it has not been barred from
contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois
Compiled Statutes 5/33E or similar law of another state.
Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug
Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this
contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or
more employees certify and agree to take steps to ensure a drug free workplace by
informing employees of the dangers of drug abuse, of the availability of any treatment or
assistance program, of prohibited activities and of sanctions that will be imposed for
violations; and that individuals with contracts certify that they will not engage in the
manufacture, distribution, dispensation, possession, or use of a controlled substance in
the performance of the contract.
Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor
agrees to comply with applicable provisions of the Illinois Human Rights Act (775
Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities
Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The
equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights
Rules is specifically incorporated herein. The Contractor shall comply with Executive
Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order
11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter
60). The Contractor agrees to incorporate this clause into all subcontracts under this
Contract.
International Boycott: The Contractor certifies that neither it nor any substantially owned
affiliated company is participating or shall participate in an international boycott in
violation of the provisions of the U.S. Export Administration Act of 1979 or the
regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS
582).
Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the
Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of
the date of completion of this Contract or the date of final payment under the Contract, all
books and records relating to the performance of the Contract and necessary to support
amounts charged to the City under the Contract. The Contract and all books and records
related to the Contract shall be available for review and audit by the City and the Illinois
Auditor General. If this Contract is funded from contract/grant funds provided by the
U.S. Government, the Contract, books, and records shall be available for review and
audit by the Comptroller General of the U.S. and/or the Inspector General of the federal
2024 Water Main Improvements – Contract A
United City of Yorkville
Professional Services Agreement
Design Engineering
sponsoring agency. The Contractor agrees to cooperate fully with any audit and to
provide full access to all relevant materials.
United States Resident Certification: (This certification must be included in all contracts
involving personal services by non-resident aliens and foreign entities in accordance with
requirements imposed by the Internal Revenue Services for withholding and reporting
federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen
___ Resident Alien ___ Non-Resident Alien The Internal Revenue Service requires that
taxes be withheld on payments made to non resident aliens for the performance of
personal services at the rate of 30%.
Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its
Federal Tax Payer Identification Number or Social Security Number is (provided
separately) and is doing business as a (check one): ___ Individual ___ Real Estate
Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax
Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation
___ Trust or Estate ___ Medical and Health Care Services Provider Corp.
I. Indemnification:
ENGINEER shall indemnify and hold harmless the City and City’s agents, servants, and
employees against all loss, damage, and expense which it may sustain or for which it will
become liable on account of injury to or death of persons, or on account of damage to or
destruction of property resulting from the performance of work under this agreement by
ENGINEER or its Subcontractors, or due to or arising in any manner from the wrongful
act or negligence of ENGINEER or its Subcontractors of any employee of any of them.
In the event that the either party shall bring any suit, cause of action or counterclaim
against the other party, the non-prevailing party shall pay to the prevailing party the cost
and expenses incurred to answer and/or defend such action, including reasonable attorney
fees and court costs. In no event shall the either party indemnify any other party for the
consequences of that party’s negligence, including failure to follow the ENGINEER’s
recommendations.
J. Insurance:
The ENGINEER agrees that it has either attached a copy of all required insurance
certificates or that said insurance is not required due to the nature and extent of the types
of services rendered hereunder. (Not applicable as having been previously supplied)
K. Additional Terms or Modification:
The terms of this agreement shall be further modified as provided on the attachments.
Except for those terms included on the attachments, no additional terms are included as a
part of this agreement. All prior understandings and agreements between the parties are
merged into this agreement, and this agreement may not be modified orally or in any
2024 Water Main Improvements – Contract A
United City of Yorkville
Professional Services Agreement
Design Engineering
manner other than by an agreement in writing signed by both parties. In the event that
any provisions of this agreement shall be held to be invalid or unenforceable, the
remaining provisions shall be valid and binding on the parties. The list of exhibits is as
follows:
Attachment A: Standard Terms and Conditions
Attachment B: Scope of Services
Attachment C: Estimate of Level of Effort and Associated Cost
Attachment D: Estimated Schedule
Attachment E: Location Map
Attachment F: 2023 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 __________________, 2023.
United City of Yorkville: Engineering Enterprises, Inc.:
_________________________________ ________________________________
John Purcell Brad Sanderson, PE
Mayor Chief Operating Officer / President
_________________________________ ________________________________
Jori Behland Angie Smith
City Clerk Executive Assistant
STANDARD TERMS AND CONDITIONS
Agreement: These Standard Terms and Conditions, together with the Professional Services
Agreement, constitute the entire integrated agreement between the OWNER and Engineering
Enterprises, Inc. (EEI) (hereinafter “Agreement”), and take precedence over any other provisions
between the Parties. These terms may be amended, but only if both parties consent in writing.
Standard of Care: In providing services under this Agreement, the ENGINEER will
endeavor to perform in a matter consistent with that degree of care and skill ordinarily exercised
by members of the same profession currently practicing under same circumstances in the same
locality. ENGINEER makes no other warranties, express or implied, written or oral under this
Agreement or otherwise, in connection with ENGINEER’S service.
Construction Engineering and Inspection: The ENGINEER shall not supervise, direct,
control, or have authority over any contractor work, nor have authority over or be responsible for
the means, methods, techniques sequences, or procedures of construction selected or used by any
contractor, or the safety precautions and programs incident thereto, for security or safety of the
site, nor for any failure of a contractor to comply with laws and regulations applicable to such
contractor’s furnishing and performing of its work.
The ENGINEER neither guarantees the performance of any contractor nor assumes
responsibility for contractor’s failure to furnish and perform the work in accordance with the
contract documents.
The ENGINEER is not responsible for the acts or omissions of any contractor, subcontractor, or
supplies, or any of their agents or employees or any other person at the site or otherwise
furnishing or performing any work.
Shop drawing and submittal review by the ENGINEER shall apply to only the items in the
submissions and only for the purpose of assessing if upon installation or incorporation in the
project work they are generally consistent with the construction documents. OWNER agrees that
the contractor is solely responsible for the submissions and for compliance with the construction
documents. OWNER further agrees that the ENGINEER’S review and action in relation to these
submissions shall not constitute the provision of means, methods, techniques, sequencing or
procedures of construction or extend or safety programs or precautions. The ENGINEER’S
consideration of a component does not constitute acceptance of the assembled items.
The ENGINEER’S site observation during construction shall be at the times agreed upon in the
Project Scope. Through standard, reasonable means the ENGINEER will become generally
familiar with observable completed work. If the ENGINEER observes completed work that is
inconsistent with the construction documents, that information shall be communicated to the
contractor and OWNER for them to address.
Opinion of Probable Construction Costs: ENGINEER’S opinion of probable construction
costs represents ENGINEER’S best and reasonable judgment as a professional engineer.
OWNER acknowledges that ENGINEER has no control over construction costs of contractor’s
methods of determining pricing, or over competitive bidding by contractors, or of market
conditions or changes thereto. ENGINEER cannot and does not guarantee that proposals, bids or
actual construction costs will not vary from ENGINEER’S opinion of probable construction
costs.
Copies of Documents & Electronic Compatibility: Copies of Documents that may be
relied upon by OWNER are limited to the printed copies (also known as hard copies) that are
signed or sealed by the ENGINEER. Files in electronic media format of text, data, graphics, or of
other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER.
Any conclusion or information obtained or derived from such electronic files will be at the user's
sole risk. When transferring documents in electronic media format, ENGINEER makes no
representations as to long term compatibility, usability, or readability of documents resulting
from the use of software application packages, operating systems, or computer hardware
differing from those used by ENGINEER at the beginning of the project.
Changed Conditions: If, during the term of this Agreement, circumstances or conditions
that were not originally contemplated by or known to the ENGINEER are revealed, to the extent
that they affect the scope of services, compensation, schedule, allocation of risks, or other
material terms of this Agreement, the ENGINEER may call for renegotiation of appropriate
portions of this Agreement. The ENGINEER shall notify the OWNER of the changed conditions
necessitating renegotiation, and the ENGINEER and the OWNER shall promptly and in good
faith enter into renegotiation of this Agreement to address the changed conditions. If terms
cannot be agreed to, the parties agree that either party has the absolute right to terminate this
Agreement, in accordance with the termination provision hereof.
Hazardous Conditions: OWNER represents to ENGINEER that to the best of its
knowledge no Hazardous Conditions (environmental or otherwise) exist on the project site. If a
Hazardous Condition is encountered or alleged, ENGINEER shall have the obligation to notify
OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental
officials. It is acknowledged by both parties that ENGINEER's scope of services does not include
any services related to a Hazardous Condition. In the event ENGINEER or any other party
encounters a Hazardous Condition, ENGINEER may, at its option and without liability for
consequential or any other damages, suspend performance of services on the portion of the
project affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or
contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous
Condition; and (ii) warrants that the project site is in full compliance with applicable Laws and
Regulations.
Consequential Damages: Notwithstanding any other provision of this Agreement, and to the
fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective
officers, directors, partners, employees, contractors, or subcontractors shall be liable to the other
or shall make any claim for any incidental, indirect, or consequential damages arising out of or
connected in any way to the Project or to this Agreement. This mutual waiver of consequential
damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of
income, loss of reputation, or any other consequential damages that either party may have
incurred from any cause of action including negligence, strict liability, breach of contract, and
breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar
waivers of consequential damages protecting all the entities or persons named herein in all
contracts and subcontracts with others involved in this project.
Termination: This Agreement may be terminated for convenience, without cause, upon
fourteen (14) days written notice of either party. In the event of termination, the ENGINEER
shall prepare a final invoice and be due compensation as set forth in the Professional Services
Agreement for all costs incurred through the date of termination.
Either party may terminate this Agreement for cause upon giving the other party not less than
seven (7) calendar days’ written notice for the following reasons:
(a) Substantial failure by the other party to comply with or perform in accordance
with the terms of the Agreement and through no fault of the terminating party;
(b) Assignment of the Agreement or transfer of the project without the prior written
consent of the other party;
(c) Suspension of the project or the ENGINEER’S services by the OWNER for a
period of greater than ninety (90) calendar days, consecutive or in the aggregate.
(d) Material changes in the conditions under which this Agreement was entered into,
the scope of services or the nature of the project, and the failure of the parties to
reach agreement on the compensation and schedule adjustments necessitated by
such changes.
Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual
relationship with or a cause of action in favor of a third party against either the OWNER or the
ENGINEER. The ENGINEER’S services under this Agreement are being performed solely and
exclusively for the OWNER’S benefit, and no other party or entity shall have any claim against
the ENGINEER because of this Agreement or the performance or nonperformance of services
hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts
with contractors, subcontractors, vendors and other entities involved in this Project to carry out
the intent of this provision.
Force Majeure: Each Party shall be excused from the performance of its obligations under
this Agreement to the extent that such performance is prevented by force majeure (defined
below) and the nonperforming party promptly provides notice of such prevention to the other
party. Such excuse shall be continued so long as the condition constituting force majeure
continues. The party affected by such force majeure also shall notify the other party of the
anticipated duration of such force majeure, any actions being taken to avoid or minimize its
effect after such occurrence, and shall take reasonable efforts to remove the condition
constituting such force majeure. For purposes of this Agreement, “force majeure” shall include
conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary
or involuntary compliance with any regulation, law or order of any government, war, acts of war
(whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or
default of public utilities or common carriers, destruction of production facilities or materials by
fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder
shall in no event be delayed by the payer because of a force majeure affecting the payer.
Additional Terms or Modification: All prior understandings and agreements between
the parties are merged into this Agreement, and this Agreement may not be modified orally or in
any manner other than by an Agreement in writing signed by both parties. In the event that any
provisions of this Agreement shall be held to be invalid or unenforceable, the remaining
provisions shall be valid and binding on the parties.
Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under
or interest in this Agreement without the prior written consent of the other party. Subcontracting
normally contemplated by the ENGINEER shall not be considered an assignment for purposes of
this Agreement.
Waiver: A party’s waiver of, or the failure or delay in enforcing any provision of this
Agreement shall not constitute a waiver of the provision, nor shall it affect the enforceability of
that provision or of the remainder of this Agreement.
Attorney’s Fees: In the event of any action or proceeding brought by either party against the
other under this Agreement, the prevailing party shall be entitled to recover from the other all
costs and expenses including without limitation the reasonable fees of its attorneys in such action
or proceeding, including costs of appeal, if any, in such amount as the Court may adjudge
reasonable.
Headings: The headings used in this Agreement are inserted only as a matter of convenience
only, and in no way define, limit, enlarge, modify, explain or define the text thereof nor affect
the construction or interpretation of this Agreement.
2024 Water Main Improvements – Contract A
United City of Yorkville, IL
Professional Services Agreement - Design Engineering
Attachment B – Scope of Services
DESIGN ENGINEERING
2.1 Project Management and Administration
x Budget Tracking
x Management of Personnel and the Engineering Contract
x Coordination with the City and Other Regulatory Agencies (IEPA)
x Coordination with Bristol Township
2.2 Project Meetings
x Project Kick-Off Meeting Between the City and EEI
x One (1) Design Progress Meeting Between the City and, EEI prior to Bidding
x One (1) Design Meeting Between the City, Bristol Township, and EEI prior to Bidding.
2.3 Topographic Survey
x Field Survey
x Drafting to Create Base File
2.4 Utility Coordination
x Design JULIE
x Plan Submission and Coordinate with Private Utilities
2.5 Final Plans, Specifications and Estimates
x Preparation of 60%, 90%, and 100% Engineering Plans
x Preparation of 90% and 100% Project Manual and Engineer’s Opinion of Probable Construction Cost.
Project Manual Shall Include Bidding and Contract Documents, General Conditions, and Special
Provisions.
2.6 Permits
x Prepare IEPA Documentation for CCDD Management of Soils
x Prepare IEPA Construction Permit Application and Acquire Permit
2.7 Bidding and Contracting
x Prepare Bidders List and Ad for Bid
x Submit Ad for Bid to the Local Paper and Post Bidding Documents on QuestCDN
x Address Bid Questions and Prepare Addenda
x Attend Bid Opening
x Prepare Bid Tab, Bid Summary, and Recommendation of Award
x Execute Contract Documents
ATTACHMENT C: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COSTPROFESSIONAL ENGINEERING SERVICES CLIENT United City of YorkvillePROJECT TITLEPREPARED BY2024 Water Main Improvements - Contract AROLE PIC PM SPE 2 PE SPM SPT 2 PT SPT 2 SPT 1 ADMINRATE $239 $204 $192 $162 $227 $167 $135 $167 $156 $70PROJECT ADMINISTRATION2.1 Project Management and Administration 4 28 15 - - - - - - - 47 9,548$ 2.2 Project Meetings 7 7 12 - - - - - - - 26 5,405$ 2.3 Topographic Survey - - - - 57 68 36 - - - 161 29,155$ 2.4 Utility Coordination - 2 20 - - - - - - - 22 4,248$ 2.5 Final Plans, Specifications, and Estimates 16 32 180 140 - - - 50 170 - 588 102,462$ 2.6 Permits - 4 20 - - - - - - - 24 4,656$ 2.7 Bidding and Contracting 1 6 10 9 - - - - - 7 33 5,331$ Insert Task Subtotal: 28 79 257 149 57 68 36 50 170 7 - 901 160,805$ 28 79 257 149 57 68 36 50 170 7 - 901 160,805 DIRECT EXPENSESMileage = 320$ Printing = 260$ Material Testing = -$ Environmental Assessment = 10,685$ DIRECT EXPENSES = 11,265$ LABOR SUMMARYEEI Labor Expenses = 160,805$ TOTAL LABOR EXPENSES160,805$ TOTAL COSTS 172,070$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.comPROJECT TOTAL:KDWCOSTTASK NO.TASK DESCRIPTIONHOURS
ATTACHMENT D: ESTIMATED SCHEDULECLIENT PROJECT NUMBERUnited City of YorkvilleYO2314-PPROJECT TITLEDATE PREPARED BY2024 Water Main Replacement - Contract AKDWJUNE JULYAUG SEPT OCT NOV DEC JAN FEB MARAPR MAYPROJECT ADMINISTRATION2.1 Project Management and Administration2.2 Project Meetings2.3 Topographic Survey2.4 Utility Coordination2.5 Final Plans, Specifications, and Estimates2.6 Permits2.7 Bidding and Contracting 52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.comTASK NO.TASK DESCRIPTION5/4/232023 2024
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Engineering Enterprises, Inc.
52 Wheeler Road
Sugar Grove, Illinois 60554
(630) 466-6700
Legend
2024 Water Main Replacement
!(VALVE
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2024 WATER MAIN
REPLACEMENT - CONTRACT A
www.eeiweb.com
DATE:
PROJECT NO.:
FILE:
PATH:
BY:
MAY 2023
YO2314
YO2314_2024 Water Main Replacement Contract A. MXD
H:\GIS\PUBLIC\YORKVILLE\2023\
MJT ³
1,000 0500 Feet
EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE
Senior Principal E-4 $239.00
Principal E-3 $234.00
Senior Project Manager E-2 $227.00
Project Manager E-1 $204.00
Senior Project Engineer/Surveyor II P-6 $192.00
Senior Project Engineer/Surveyor I P-5 $179.00
Project Engineer/Surveyor P-4 $162.00
Senior Engineer/Surveyor P-3 $149.00
Engineer/Surveyor P-2 $135.00
Associate Engineer/Surveyor P-1 $122.00
Senior Project Technician II T-6 $167.00
Senior Project Technician I T-5 $156.00
Project Technician T-4 $146.00
Senior Technician T-3 $135.00
Technician T-2 $122.00
Associate Technician T-1 $107.00
GIS Technician II G-2 $119.00
GIS Technician I G-1 $110.00
Engineering/Land Surveying Intern I-1 $ 79.00
Executive Administrative Assistant A-4 $ 75.00
Administrative Assistant A-3 $ 70.00
VEHICLES. REPROGRAPHICS, DIRECT COSTS, DRONE AND EXPERT TESTIMONY
Vehicle for Construction Observation $ 15.00
In-House Scanning and Reproduction $0.25/Sq. Ft. (Black & White)
$1.00/Sq. Ft. (Color)
Reimbursable Expenses (Direct Costs) Cost
Services by Others (Direct Costs) Cost + 10%
Unmanned Aircraft System / Unmanned Aerial Vehicle / Drone $ 216.00
Expert Testimony $ 271.00
STANDARD SCHEDULE OF CHARGES ~ JANUARY 1, 2023
2024 Water Main Improvements – Contract B
United City of Yorkville
Professional Services Agreement - Design Engineering
THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred
to as the "City" or “OWNER” and Engineering Enterprises, Inc. hereinafter referred to as
the "Contractor" or “ENGINEER” agrees as follows:
A. Services:
ENGINEER agrees to furnish to the City the following services: The ENGINEER shall
provide any and all necessary engineering services to the City as indicated on the Scope
of Services (Attachment B). Design engineering will be provided for approximately
5,600 linear feet of water main improvements on Beaver St., Deer St., Badger St., and
Wolf St. (see Attachment E for project limits). Engineering will be in accordance with
all City, Standard Specifications for Water and Sewer Construction in Illinois, Illinois
Department of Transportation, and Illinois Environmental Protection Agency
requirements.
B. Term:
Services will be provided beginning on the date of execution of this agreement and
continuing, until terminated by either party upon 7 days written notice to the non-
terminating party or upon completion of the Services. Upon termination the ENGINEER
shall be compensated for all work performed for the City prior to termination.
C. Compensation and maximum amounts due to ENGINEER:
ENGINEER shall receive as compensation for all work and services to be performed
herein, an amount based on the Estimate of Level of Effort and Associated Cost included
in Attachment C. Design Engineering will be paid for as a Fixed Fee (FF) in the amount
of $168,437, of which direct expenses are estimated at $10,310. The hourly rates for this
project are shown in the attached 2023 Standard Schedule of Charges (Attachment F).
All payments will be made according to the Illinois State Prompt Payment Act and not
less than once every thirty days.
D. Changes in Rates of Compensation:
In the event that this contract is designated in Section B hereof as an Ongoing Contract,
ENGINEER, on or before February 1st of any given year, shall provide written notice of
any change in the rates specified in Section C hereof (or on any attachments hereto) and
said changes shall only be effective on and after May 1st of that same year.
2024 Water Main Improvements – Contract B
United City of Yorkville
Professional Services Agreement
Design Engineering
E. Ownership of Records and Documents:
ENGINEER agrees that all books and records and other recorded information developed
specifically in connection with this agreement shall remain the property of the City.
ENGINEER agrees to keep such information confidential and not to disclose or
disseminate the information to third parties without the consent of the City. This
confidentiality shall not apply to material or information, which would otherwise be
subject to public disclosure through the freedom of information act or if already
previously disclosed by a third party. Upon termination of this agreement, ENGINEER
agrees to return all such materials to the City. The City agrees not to modify any original
documents produced by ENGINEER without contractors consent. Modifications of any
signed duplicate original document not authorized by ENGINEER will be at OWNER’s
sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned
document will, likewise, be at the OWNER’s sole risk and without legal liability to the
ENGINEER.
F. Governing Law:
This contract shall be governed and construed in accordance with the laws of the State of
Illinois. Venue shall be in Kendall County, Illinois.
G. Independent Contractor:
ENGINEER shall have sole control over the manner and means of providing the work
and services performed under this agreement. The City’s relationship to the ENGINEER
under this agreement shall be that of an independent contractor. ENGINEER will not be
considered an employee to the City for any purpose.
H. Certifications:
Employment Status: The Contractor certifies that if any of its personnel are an employee
of the State of Illinois, they have permission from their employer to perform the service.
Anti-Bribery: The Contractor certifies it is not barred under 30 Illinois Compiled Statutes
500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery
or attempted bribery of an officer or employee of the State of Illinois or any other state.
Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not
in default for a period of six months or more in an amount of $600 or more on the
repayment of any educational loan guaranteed by the Illinois State Scholarship
Commission made by an Illinois institution of higher education or any other loan made
from public funds for the purpose of financing higher education (5 ILCS 385/3).
2024 Water Main Improvements – Contract B
United City of Yorkville
Professional Services Agreement
Design Engineering
Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois
Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any
agency as a result of being convicted of a felony.
Barred from Contracting: The Contractor certifies that it has not been barred from
contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois
Compiled Statutes 5/33E or similar law of another state.
Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug
Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this
contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or
more employees certify and agree to take steps to ensure a drug free workplace by
informing employees of the dangers of drug abuse, of the availability of any treatment or
assistance program, of prohibited activities and of sanctions that will be imposed for
violations; and that individuals with contracts certify that they will not engage in the
manufacture, distribution, dispensation, possession, or use of a controlled substance in
the performance of the contract.
Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor
agrees to comply with applicable provisions of the Illinois Human Rights Act (775
Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities
Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The
equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights
Rules is specifically incorporated herein. The Contractor shall comply with Executive
Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order
11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter
60). The Contractor agrees to incorporate this clause into all subcontracts under this
Contract.
International Boycott: The Contractor certifies that neither it nor any substantially owned
affiliated company is participating or shall participate in an international boycott in
violation of the provisions of the U.S. Export Administration Act of 1979 or the
regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS
582).
Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the
Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of
the date of completion of this Contract or the date of final payment under the Contract, all
books and records relating to the performance of the Contract and necessary to support
amounts charged to the City under the Contract. The Contract and all books and records
related to the Contract shall be available for review and audit by the City and the Illinois
Auditor General. If this Contract is funded from contract/grant funds provided by the
U.S. Government, the Contract, books, and records shall be available for review and
audit by the Comptroller General of the U.S. and/or the Inspector General of the federal
2024 Water Main Improvements – Contract B
United City of Yorkville
Professional Services Agreement
Design Engineering
sponsoring agency. The Contractor agrees to cooperate fully with any audit and to
provide full access to all relevant materials.
United States Resident Certification: (This certification must be included in all contracts
involving personal services by non-resident aliens and foreign entities in accordance with
requirements imposed by the Internal Revenue Services for withholding and reporting
federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen
___ Resident Alien ___ Non-Resident Alien The Internal Revenue Service requires that
taxes be withheld on payments made to non resident aliens for the performance of
personal services at the rate of 30%.
Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its
Federal Tax Payer Identification Number or Social Security Number is (provided
separately) and is doing business as a (check one): ___ Individual ___ Real Estate
Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax
Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation
___ Trust or Estate ___ Medical and Health Care Services Provider Corp.
I. Indemnification:
ENGINEER shall indemnify and hold harmless the City and City’s agents, servants, and
employees against all loss, damage, and expense which it may sustain or for which it will
become liable on account of injury to or death of persons, or on account of damage to or
destruction of property resulting from the performance of work under this agreement by
ENGINEER or its Subcontractors, or due to or arising in any manner from the wrongful
act or negligence of ENGINEER or its Subcontractors of any employee of any of them.
In the event that the either party shall bring any suit, cause of action or counterclaim
against the other party, the non-prevailing party shall pay to the prevailing party the cost
and expenses incurred to answer and/or defend such action, including reasonable attorney
fees and court costs. In no event shall the either party indemnify any other party for the
consequences of that party’s negligence, including failure to follow the ENGINEER’s
recommendations.
J. Insurance:
The ENGINEER agrees that it has either attached a copy of all required insurance
certificates or that said insurance is not required due to the nature and extent of the types
of services rendered hereunder. (Not applicable as having been previously supplied)
K. Additional Terms or Modification:
The terms of this agreement shall be further modified as provided on the attachments.
Except for those terms included on the attachments, no additional terms are included as a
part of this agreement. All prior understandings and agreements between the parties are
merged into this agreement, and this agreement may not be modified orally or in any
2024 Water Main Improvements – Contract B
United City of Yorkville
Professional Services Agreement
Design Engineering
manner other than by an agreement in writing signed by both parties. In the event that
any provisions of this agreement shall be held to be invalid or unenforceable, the
remaining provisions shall be valid and binding on the parties. The list of exhibits is as
follows:
Attachment A: Standard Terms and Conditions
Attachment B: Scope of Services
Attachment C: Estimate of Level of Effort and Associated Cost
Attachment D: Estimated Schedule
Attachment E: Location Map
Attachment F: 2023 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 __________________, 2023.
United City of Yorkville: Engineering Enterprises, Inc.:
_________________________________ ________________________________
John Purcell Brad Sanderson, PE
Mayor Chief Operating Officer / President
_________________________________ ________________________________
Jori Behland Angie Smith
City Clerk Executive Assistant
STANDARD TERMS AND CONDITIONS
Agreement: These Standard Terms and Conditions, together with the Professional Services
Agreement, constitute the entire integrated agreement between the OWNER and Engineering
Enterprises, Inc. (EEI) (hereinafter “Agreement”), and take precedence over any other provisions
between the Parties. These terms may be amended, but only if both parties consent in writing.
Standard of Care: In providing services under this Agreement, the ENGINEER will
endeavor to perform in a matter consistent with that degree of care and skill ordinarily exercised
by members of the same profession currently practicing under same circumstances in the same
locality. ENGINEER makes no other warranties, express or implied, written or oral under this
Agreement or otherwise, in connection with ENGINEER’S service.
Construction Engineering and Inspection: The ENGINEER shall not supervise, direct,
control, or have authority over any contractor work, nor have authority over or be responsible for
the means, methods, techniques sequences, or procedures of construction selected or used by any
contractor, or the safety precautions and programs incident thereto, for security or safety of the
site, nor for any failure of a contractor to comply with laws and regulations applicable to such
contractor’s furnishing and performing of its work.
The ENGINEER neither guarantees the performance of any contractor nor assumes
responsibility for contractor’s failure to furnish and perform the work in accordance with the
contract documents.
The ENGINEER is not responsible for the acts or omissions of any contractor, subcontractor, or
supplies, or any of their agents or employees or any other person at the site or otherwise
furnishing or performing any work.
Shop drawing and submittal review by the ENGINEER shall apply to only the items in the
submissions and only for the purpose of assessing if upon installation or incorporation in the
project work they are generally consistent with the construction documents. OWNER agrees that
the contractor is solely responsible for the submissions and for compliance with the construction
documents. OWNER further agrees that the ENGINEER’S review and action in relation to these
submissions shall not constitute the provision of means, methods, techniques, sequencing or
procedures of construction or extend or safety programs or precautions. The ENGINEER’S
consideration of a component does not constitute acceptance of the assembled items.
The ENGINEER’S site observation during construction shall be at the times agreed upon in the
Project Scope. Through standard, reasonable means the ENGINEER will become generally
familiar with observable completed work. If the ENGINEER observes completed work that is
inconsistent with the construction documents, that information shall be communicated to the
contractor and OWNER for them to address.
Opinion of Probable Construction Costs: ENGINEER’S opinion of probable construction
costs represents ENGINEER’S best and reasonable judgment as a professional engineer.
OWNER acknowledges that ENGINEER has no control over construction costs of contractor’s
methods of determining pricing, or over competitive bidding by contractors, or of market
conditions or changes thereto. ENGINEER cannot and does not guarantee that proposals, bids or
actual construction costs will not vary from ENGINEER’S opinion of probable construction
costs.
Copies of Documents & Electronic Compatibility: Copies of Documents that may be
relied upon by OWNER are limited to the printed copies (also known as hard copies) that are
signed or sealed by the ENGINEER. Files in electronic media format of text, data, graphics, or of
other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER.
Any conclusion or information obtained or derived from such electronic files will be at the user's
sole risk. When transferring documents in electronic media format, ENGINEER makes no
representations as to long term compatibility, usability, or readability of documents resulting
from the use of software application packages, operating systems, or computer hardware
differing from those used by ENGINEER at the beginning of the project.
Changed Conditions: If, during the term of this Agreement, circumstances or conditions
that were not originally contemplated by or known to the ENGINEER are revealed, to the extent
that they affect the scope of services, compensation, schedule, allocation of risks, or other
material terms of this Agreement, the ENGINEER may call for renegotiation of appropriate
portions of this Agreement. The ENGINEER shall notify the OWNER of the changed conditions
necessitating renegotiation, and the ENGINEER and the OWNER shall promptly and in good
faith enter into renegotiation of this Agreement to address the changed conditions. If terms
cannot be agreed to, the parties agree that either party has the absolute right to terminate this
Agreement, in accordance with the termination provision hereof.
Hazardous Conditions: OWNER represents to ENGINEER that to the best of its
knowledge no Hazardous Conditions (environmental or otherwise) exist on the project site. If a
Hazardous Condition is encountered or alleged, ENGINEER shall have the obligation to notify
OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental
officials. It is acknowledged by both parties that ENGINEER's scope of services does not include
any services related to a Hazardous Condition. In the event ENGINEER or any other party
encounters a Hazardous Condition, ENGINEER may, at its option and without liability for
consequential or any other damages, suspend performance of services on the portion of the
project affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or
contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous
Condition; and (ii) warrants that the project site is in full compliance with applicable Laws and
Regulations.
Consequential Damages: Notwithstanding any other provision of this Agreement, and to the
fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective
officers, directors, partners, employees, contractors, or subcontractors shall be liable to the other
or shall make any claim for any incidental, indirect, or consequential damages arising out of or
connected in any way to the Project or to this Agreement. This mutual waiver of consequential
damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of
income, loss of reputation, or any other consequential damages that either party may have
incurred from any cause of action including negligence, strict liability, breach of contract, and
breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar
waivers of consequential damages protecting all the entities or persons named herein in all
contracts and subcontracts with others involved in this project.
Termination: This Agreement may be terminated for convenience, without cause, upon
fourteen (14) days written notice of either party. In the event of termination, the ENGINEER
shall prepare a final invoice and be due compensation as set forth in the Professional Services
Agreement for all costs incurred through the date of termination.
Either party may terminate this Agreement for cause upon giving the other party not less than
seven (7) calendar days’ written notice for the following reasons:
(a) Substantial failure by the other party to comply with or perform in accordance
with the terms of the Agreement and through no fault of the terminating party;
(b) Assignment of the Agreement or transfer of the project without the prior written
consent of the other party;
(c) Suspension of the project or the ENGINEER’S services by the OWNER for a
period of greater than ninety (90) calendar days, consecutive or in the aggregate.
(d) Material changes in the conditions under which this Agreement was entered into,
the scope of services or the nature of the project, and the failure of the parties to
reach agreement on the compensation and schedule adjustments necessitated by
such changes.
Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual
relationship with or a cause of action in favor of a third party against either the OWNER or the
ENGINEER. The ENGINEER’S services under this Agreement are being performed solely and
exclusively for the OWNER’S benefit, and no other party or entity shall have any claim against
the ENGINEER because of this Agreement or the performance or nonperformance of services
hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts
with contractors, subcontractors, vendors and other entities involved in this Project to carry out
the intent of this provision.
Force Majeure: Each Party shall be excused from the performance of its obligations under
this Agreement to the extent that such performance is prevented by force majeure (defined
below) and the nonperforming party promptly provides notice of such prevention to the other
party. Such excuse shall be continued so long as the condition constituting force majeure
continues. The party affected by such force majeure also shall notify the other party of the
anticipated duration of such force majeure, any actions being taken to avoid or minimize its
effect after such occurrence, and shall take reasonable efforts to remove the condition
constituting such force majeure. For purposes of this Agreement, “force majeure” shall include
conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary
or involuntary compliance with any regulation, law or order of any government, war, acts of war
(whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or
default of public utilities or common carriers, destruction of production facilities or materials by
fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder
shall in no event be delayed by the payer because of a force majeure affecting the payer.
Additional Terms or Modification: All prior understandings and agreements between
the parties are merged into this Agreement, and this Agreement may not be modified orally or in
any manner other than by an Agreement in writing signed by both parties. In the event that any
provisions of this Agreement shall be held to be invalid or unenforceable, the remaining
provisions shall be valid and binding on the parties.
Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under
or interest in this Agreement without the prior written consent of the other party. Subcontracting
normally contemplated by the ENGINEER shall not be considered an assignment for purposes of
this Agreement.
Waiver: A party’s waiver of, or the failure or delay in enforcing any provision of this
Agreement shall not constitute a waiver of the provision, nor shall it affect the enforceability of
that provision or of the remainder of this Agreement.
Attorney’s Fees: In the event of any action or proceeding brought by either party against the
other under this Agreement, the prevailing party shall be entitled to recover from the other all
costs and expenses including without limitation the reasonable fees of its attorneys in such action
or proceeding, including costs of appeal, if any, in such amount as the Court may adjudge
reasonable.
Headings: The headings used in this Agreement are inserted only as a matter of convenience
only, and in no way define, limit, enlarge, modify, explain or define the text thereof nor affect
the construction or interpretation of this Agreement.
2024 Water Main Improvements – Contract A
United City of Yorkville, IL
Professional Services Agreement - Design Engineering
Attachment B – Scope of Services
DESIGN ENGINEERING
2.1 Project Management and Administration
x Budget Tracking
x Management of Personnel and the Engineering Contract
x Coordination with the City and Other Regulatory Agencies (IEPA)
x Coordination with Bristol Township
2.2 Project Meetings
x Project Kick-Off Meeting Between the City and EEI
x One (1) Design Progress Meeting Between the City and, EEI prior to Bidding
x One (1) Design Meeting Between the City, Bristol Township, and EEI prior to Bidding.
2.3 Topographic Survey
x Field Survey
x Drafting to Create Base File
2.4 Utility Coordination
x Design JULIE
x Plan Submission and Coordinate with Private Utilities
2.5 Final Plans, Specifications and Estimates
x Preparation of 60%, 90%, and 100% Engineering Plans
x Preparation of 90% and 100% Project Manual and Engineer’s Opinion of Probable Construction Cost.
Project Manual Shall Include Bidding and Contract Documents, General Conditions, and Special
Provisions.
2.6 Permits
x Prepare IEPA Documentation for CCDD Management of Soils
x Prepare IEPA Construction Permit Application and Acquire Permit
2.7 Bidding and Contracting
x Prepare Bidders List and Ad for Bid
x Submit Ad for Bid to the Local Paper and Post Bidding Documents on QuestCDN
x Address Bid Questions and Prepare Addenda
x Attend Bid Opening
x Prepare Bid Tab, Bid Summary, and Recommendation of Award
x Execute Contract Documents
ATTACHMENT C: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COSTPROFESSIONAL ENGINEERING SERVICES CLIENT United City of YorkvillePROJECT TITLEPREPARED BY2024 Water Main Improvements - Contract BROLE PIC PM SPE 2 PE SPM SPT 2 PT SPT 2 SPT 1 ADMINRATE $239 $204 $192 $162 $227 $167 $135 $167 $156 $70PROJECT ADMINISTRATION2.1 Project Management and Administration 4 28 15 - - - - - - - 47 9,548$ 2.2 Project Meetings 6 6 11 - - - - - - - 23 4,770$ 2.3 Topographic Survey - - - - 48 68 36 - - - 152 27,112$ 2.4 Utility Coordination - 2 20 - - - - - - - 22 4,248$ 2.5 Final Plans, Specifications, and Estimates 16 32 180 140 - - - 50 170 - 588 102,462$ 2.6 Permits - 4 20 - - - - - - - 24 4,656$ 2.7 Bidding and Contracting 1 6 10 9 - - - - - 7 33 5,331$ Insert Task Subtotal: 27 78 256 149 48 68 36 50 170 7 - 889 158,127$ 27 78 256 149 48 68 36 50 170 7 - 889 158,127 DIRECT EXPENSESMileage = 320$ Printing = 260$ Material Testing = -$ Environmental Assessment = 9,730$ DIRECT EXPENSES = 10,310$ LABOR SUMMARYEEI Labor Expenses = 158,127$ TOTAL LABOR EXPENSES158,127$ TOTAL COSTS 168,437$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.comPROJECT TOTAL:KDWCOSTTASK NO.TASK DESCRIPTIONHOURS
ATTACHMENT D: ESTIMATED SCHEDULECLIENT PROJECT NUMBERUnited City of YorkvilleYO2315-PPROJECT TITLEDATE PREPARED BY2024 Water Main Replacement - Contract BKDWJUNE JULYAUG SEPT OCT NOV DEC JAN FEB MARAPR MAYPROJECT ADMINISTRATION2.1 Project Management and Administration2.2 Project Meetings2.3 Topographic Survey2.4 Utility Coordination2.5 Final Plans, Specifications, and Estimates2.6 Permits2.7 Bidding and Contracting 52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.comTASK NO.TASK DESCRIPTION5/4/232023 2024
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Wood SageBeecher HeustisTomasikTrilliumEngineering Enterprises, Inc.
52 Wheeler Road
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(630) 466-6700
Legend
2024 Water Main Replacement
!(VALVE
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Water Main
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REPLACEMENT - CONTRACT B
www.eeiweb.com
DATE:
PROJECT NO.:
FILE:
PATH:
BY:
MAY 2023
YO2315
YO2315_2024 Water Main Replacement Contract B. MXD
H:\GIS\PUBLIC\YORKVILLE\2023\
MJT ³
1,000 0500 Feet
EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE
Senior Principal E-4 $239.00
Principal E-3 $234.00
Senior Project Manager E-2 $227.00
Project Manager E-1 $204.00
Senior Project Engineer/Surveyor II P-6 $192.00
Senior Project Engineer/Surveyor I P-5 $179.00
Project Engineer/Surveyor P-4 $162.00
Senior Engineer/Surveyor P-3 $149.00
Engineer/Surveyor P-2 $135.00
Associate Engineer/Surveyor P-1 $122.00
Senior Project Technician II T-6 $167.00
Senior Project Technician I T-5 $156.00
Project Technician T-4 $146.00
Senior Technician T-3 $135.00
Technician T-2 $122.00
Associate Technician T-1 $107.00
GIS Technician II G-2 $119.00
GIS Technician I G-1 $110.00
Engineering/Land Surveying Intern I-1 $ 79.00
Executive Administrative Assistant A-4 $ 75.00
Administrative Assistant A-3 $ 70.00
VEHICLES. REPROGRAPHICS, DIRECT COSTS, DRONE AND EXPERT TESTIMONY
Vehicle for Construction Observation $ 15.00
In-House Scanning and Reproduction $0.25/Sq. Ft. (Black & White)
$1.00/Sq. Ft. (Color)
Reimbursable Expenses (Direct Costs) Cost
Services by Others (Direct Costs) Cost + 10%
Unmanned Aircraft System / Unmanned Aerial Vehicle / Drone $ 216.00
Expert Testimony $ 271.00
STANDARD SCHEDULE OF CHARGES ~ JANUARY 1, 2023
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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 #6
Tracking Number
PW 2023-46
Grande Reserve – Unit 13
Public Works Committee – May 16, 2023
Majority
Approval
Release of Guarantee
Brad Sanderson Engineering
Name Department
The developer has completed the remaining punchlist items from the one-year warranty period
and we are now recommending a full release of their remaining performance security. The
developer has provided a separate bond to cover costs of remaining sidewalk installation in
currently undeveloped lots, which will be released after completion of all sidewalks. The value
of the security to be released is $87,600.00
The public improvements were accepted on January 31, 2022.
Please let us know if you have any questions.
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
CC: Eric Dhuse, Director of Public Works
Krysti Barksdale-Noble, Community Dev. Dir.
Jori Behland, City Clerk
Date: April 21, 2023
Subject: Grande Reserve Units 13
BNSF RRPrestonDrSeeley St
Shoeger DrPreston DrEvans CtSeeley CtShoeger CtHaven
hill
Ct Allegiance CrossingPine Ridge Dr SBrady StMill RdMill RdMill RdTuscany TrlEngineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 / www.eeiweb.con(;+,%,7%LOCATION MAPDATE:JANUARY 2022United City of Yorkville800 Game Farm RoadYorkville, IL 60560(630) 553-4350http://www.yorkville.il.usUNIT 13UNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOISCONSULTING ENGINEERSNO. DATE REVISIONSPROJECT NO.:YO2112PATH:H:/GIS/PUBLIC/YORKVILLE/2021/FILE:fffääNORTHLegendUNIT 13 BOUNDARYH:\GIS\Public\Yorkville\2021\YO2112\YO2112_ Grande Reserve Unit 13.mxd400 0 400200 Feet
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Community Development
Purchasing
Police
Public Works
Parks and Recreation
Agenda Item Number
New Business #7
Tracking Number
PW 2023-47
Grande Reserve – Unit 14
Public Works Committee – May 16, 2023
Majority
Approval
Release of Guarantee
Brad Sanderson Engineering
Name Department
The developer has completed the remaining punchlist items from the one-year warranty period
and we are now recommending a full release of their remaining performance security. The
developer has provided a separate bond to cover costs of remaining sidewalk installation in
currently undeveloped lots, which will be released after completion of all sidewalks. The value
of the security to be released is $125,600.00.
The public improvements were accepted on January 31, 2022.
Please let us know if you have any questions.
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
CC: Eric Dhuse, Director of Public Works
Krysti Barksdale-Noble, Community Dev. Dir.
Jori Behland, City Clerk
Date: April 21, 2023
Subject: Grande Reserve Units 14
BNSF RRMill RdMill RdMill RdPrestonDrCrooker DrShoeger DrPreston DrEvans CtShoeger CtHaven
hill
Ct
Brady StTuscany TrlTuscany TrlEngineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 / www.eeiweb.con(;+,%,7%LOCATION MAPDATE:JANUARY 2022United City of Yorkville800 Game Farm RoadYorkville, IL 60560(630) 553-4350http://www.yorkville.il.usUNIT 14UNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOISCONSULTING ENGINEERSNO. DATE REVISIONSPROJECT NO.:YO2112PATH:H:/GIS/PUBLIC/YORKVILLE/2021/FILE:fffääNORTHLegendUNIT 14 BOUNDARYH:\GIS\Public\Yorkville\2021\YO2112\YO2112_ Grande Reserve Unit 14.mxd400 0 400200 Feet
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Community Development
Purchasing
Police
Public Works
Parks and Recreation
Agenda Item Number
New Business #8
Tracking Number
PW 2023-48
Grande Reserve – Unit 23
Public Works Committee – May 16, 2023
Majority
Approval
Release of Guarantee
Brad Sanderson Engineering
Name Department
The developer has completed the remaining punchlist items from the one-year warranty period
and we are now recommending a full release of their remaining performance security. The
developer has provided a separate bond to cover costs of remaining sidewalk installation in
currently undeveloped lots, which will be released after completion of all sidewalks. The value
of the security to be released is $520,410.95.
The public improvements were accepted on December 15, 2020.
Please let us know if you have any questions.
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
CC: Eric Dhuse, Director of Public Works
Krysti Barksdale-Noble, Community Dev. Dir.
Jori Behland, City Clerk
Date: April 21, 2023
Subject: Grande Reserve Unit 23
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Engineering Enterprises, Inc.
52 Wheeler Road
Sugar Grove, Illinois 60554
(630) 466-6700
GRANDE RESERVE - UNIT 23
EXHIBIT B
LOCATION MAPwww.eeiweb.com DATE
DATE:
PROJECT NO.:
FILE:
PATH:
BY:
NOVEMBER 2020
YO1730
YO1730_Grande Res Unit 23 Exhibit B.MXD
H:\GIS\PUBLIC\YORKVILLE\2017\
MJT
NO.REVISIONS ³United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
630-553-4350www.yorkville.il.us
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
NOT INCLUDED IN ACCEPTANCE
WILL BE ACCEPTED AT LATER DATE
Legend
UNIT BOUNDARY
ROADWAY ACCEPTANCE
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tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
New Business #9
Tracking Number
PW 2023-49
Supplemental MFT Resolution for Bulk Rock Salt
Public Works Committee – May 16, 2023
Majority
Vote
Annual resolution appropriating MFT funds for the purchase of bulk rock salt
Eric Dhuse Public Works
Name Department
Summary
Staff is seeking approval of a supplemental resolution for the purchase of bulk rock salt
using MFT money.
Background
Each year we must submit to IDOT our intent (or not) to purchase salt through them.
This year staff is requesting a purchase of 2160 tons of salt at $95.00 per ton for a total of
$205,200. The way the contract is structured, we can purchase a minimum of 80% (1728 tons)
and maximum of 120% (2592 tons) of the requested tonnage. I factored a large increase of 20%
from last year’s price per ton of $79.10. With all the unknowns and past volatility of salt prices,
I would rather be safe than sorry. We will know the bid price sometime between August –
October and will be able to adjust our budget accordingly. If the price is lower, we can use the
remainder of the funds on other MFT projects since MFT money has to stay within the fund and
any surplus rolls over from year to year. This is also a slight increase in tonnage over last year as
well, from 1600 tons to 2160.
We currently have approximately 300 tons of salt in our bins and 900 tons in storage at
Kendall County Highway Dept. The combination of our order and what we have in storage will
get us through the worst of winters. Hopefully, we will not need to tap our reserves and will be
able to get through the winter on what we have ordered.
Recommendation
Staff recommends approval of this resolution.
Memorandum
To: Public Works Committee
From: Eric Dhuse, Director of Public Works
CC: Bart Olson, City Administrator
Date: May 2, 2023
Subject: MFT resolution for bulk rock salt purchase
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
New Business #10
Tracking Number
PW 2023-50
PW Vehicle Purchases and Disposal of Property
Public Works Committee – May 16, 2023
Supermajority (6 out of 9)
Approval
Proposed purchase of Ford F150 and F550, with corresponding budget amendment
and disposal of 2007 pickup
Eric Dhuse Public Works
Name Department
Summary
Staff is proposing the purchase of a Ford F150 from Haggarty Ford in the amount of
$44,985 and to order a Ford F550 dump truck for the street department from Lindco Equipment
through a Sourcewell contract in the amount of $121,114.
Background
Water Department truck purchase background – this truck was scheduled to be one of
two transit vans purchased from the FY 23 budget. We were looking to purchase transit vans
because they were less expensive, and the transit connect got better gas mileage than a pickup.
After looking for vans for the better part of the year, we found some. As with everything else,
the prices had risen dramatically over the previous 18 months to a point that an F150 is virtually
the same price as an F150 and is available. We did purchase one van at the end of March for a
price of $45,730 and the proposed F150 is $44,985. We went through with this purchase
because we were able to also shift trucks around and remove a $54,000 truck purchase for the
Director. The van is used for water meter installations and appointments, it will get much better
gas mileage than the previous truck we were using as well. For the current purchase request, we
would prefer the pickup for its space and 4-wheel drive over the van. This truck will be used by
our utility locator; the pickup will allow him to carry more supplies and give him the ability to go
into construction sites that the van wouldn’t be able to go into. We knew this was a downfall of
the van, but we were willing to sacrifice to save money. Now that the vehicles are within $1000
of each other, we feel the pickup will be a better long-term fit. We will have to purchase a cap
for the pickup to weatherproof the bed at a cost of ~$2000.
As previously shown in the Adopted FY 24 budget document, total vehicle (51-510-60-
00-6070) purchases projected in the Water Fund for FY 23 was $185,953: comprised of $87,620
for 2 new F-350’s (carried over from FY 22); $18,333 for a new Directors truck ($55,000 split
equally between Streets, Water and Sewer); and $80,000 for 2 new transit vans. Actual vehicle
purchases for FY 23 included the two F-350’s ($87,934) and a new transit van for $45,730, for a
total of $133,664. Since the Director’s truck will not be purchased, staff is requesting that
$48,000 be moved into FY 24 in order to fund the new F-150 and the weatherproofing of the
pick-up bed. As presented in the attached budgeted amendment, this adjustment will increase the
budgeted FY 24 Fund Balance Equivalency of the Water Fund by $4,289 ($4,090,079 amended
v. $4,085,790 as originally proposed). This will be a single source purchase and will need a
super majority vote for approval.
Street Department truck purchase background – in the freshly approved FY 24 budget
there is $140,000 for the purchase of two (2) 1-Ton dump trucks. Unfortunately, since staff
investigated pricing for the budget last winter, prices have jumped tremendously because
availability is almost zero for what we are looking for. In fact, there are no Ford F350 orders
Memorandum
To: Public Works Committee
From: Eric Dhuse, Director of Public Works
CC: Bart Olson, City Administrator
Date: May 9, 2023
Subject: Truck Purchases and Disposal of Trucks
being taken at this time. I have attached a few samples of what we can find on the ground, but
they are not really what we need, or they are extremely expensive.
Example 1 is a 1-ton dump with 4-wheel drive for $72,510. This does not include the
plow, slide in spreader, snowplow prep package, light package, and the dump body is a mild
steel body instead of stainless steel. The cost to retro fit these items would be ~$22,000-$25,000.
Through the years, we have found that the mild steel bodies cannot handle the salt and the
constant loading and unloading, they end up rusting holes through the bed and sides. This would
affect the reliability of the truck and increase maintenance costs.
Example 2 is a F350 cab/chassis with a diesel motor and 4-wheel drive for $63,620. If
we use the upfitter price from example 1of $19,885 for the box (which we would not do) the
price is already at $83,505 without the plow, spreader, light package, upfit switches, and plow
prep package which would add another $22,000-$25,000.
Instead of trying to find something that “works” instead of getting what we need at a
price tag of ~$100,000 depending on what is available, staff proposed the following:
We currently have two (2) 2016 Ford F350 1-ton dump trucks that were scheduled to be
traded in on the new vehicles. These vehicles are in good shape and staff believes we could get
another 3 years out of these vehicles without major repairs. Instead of trading them in, staff
recommends that we keep the above-mentioned vehicles for an additional 3 years and ordering
one new Ford F550 with a stainless steel body, plow and under tailgate spreader.
This proposed purchase is a slightly more heavy-duty truck, somewhere between a 1-ton
and a single axle large dump truck. The F550 has a larger payload, more towing capacity, and a
hydraulic system to control the box and spreader instead of electric only. By specifying the
hydraulic system, we eliminate the need for a slide in spreader which are about $13,000.
I agree that a price tag of $121,000 is high, but nobody knows when the other trucks will
become available, or if the prices are ever coming back down to a reasonable level.
Currently, we look to trade in small vehicles and equipment in 7 years and large vehicles
and equipment in 10 years. I believe this truck purchase could be a 10-year purchase instead of
7. It is built more like a large dump truck rather than a pickup and is made to take more
punishment than a pickup.
The budgeted amount for the two (2) 1-Ton dumps was $140,000. The cost of the
proposed F550 is $121,114, which gives us a savings of $18,886.
By keeping both of our 2016 1-ton dumps along with the purchase of the van in the water
department, we were able to eliminate the need to purchase a truck for the building maintenance
department and for the Director. This is a savings of over $100,000. Even if we have to perform
a major repair to each of the trucks in the next 3 years, the savings will still far outweigh the
expense of the repair. Hopefully, truck inventory and prices will stabilize in the next 3 years so
we can get back on track. Keeping these 2 trucks has also allowed us to be able to dispose of
another old truck that has been retired from the fleet. It is a 2007 Ford F250 with 58,837 hard
miles on it. This truck was always tasked to do more than it was made for. We originally bought
a pair of these trucks for the water and street foreman to use for daily drivers. We knew they
would also help plow, if necessary, but wouldn’t be used unless needed. Then the big recession
hit, and we were not buying vehicles like we were previously, so these trucks got put into heavy
snow plow use along with being daily drivers. Unfortunately, that was their downfall, and the
mechanical breakdowns were constant. The body is also in bad shape from rust. The bed is
almost rusted through and there are many rust areas on the body.
Recommendation
Staff recommends the purchase of a Ford F150 from Haggarty Ford in an amount not to
exceed $44,985. This would be a supermajority vote.
Staff recommends the purchase of a 2024 Ford F550 as specified through a Sourcewell
contract from Lindco Equipment Sales of Merrillville, IN in the amount of $121,114.
Staff Recommends disposing of a 2007 Ford F250 Vin # 1FTNF21587EA47543 through
consignment at AutoSmart in Oswego, IL.
Ordinance No. 2023-____
Page 1
Ordinance No. 2023-_____
AN ORDINANCE AUTHORIZING THE FIRST AMENDMENT TO THE ANNUAL
BUDGET OF THE UNITED CITY OF YORKVILLE, FOR THE FISCAL YEAR
COMMENCING ON MAY 1, 2023 AND ENDING ON APRIL 30, 2024
WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly
existing non-home rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and,
WHEREAS, pursuant to 65 ILCS 5/8-2-9.4, the City adopted Ordinance No. 2023-14 on
April 25, 2023 adopting an annual budget for the fiscal year commencing on May 1, 2023 and
ending on April 30, 2024; and,
WHEREAS, pursuant to 65 ILCS 5/8-2-9.6, by a vote of two-thirds of the members of
the corporate authorities then holding office, the annual budget of the United City of Yorkville
may be revised by deleting, adding to, changing or creating sub-classes within object classes and
object classes themselves. No revision of the budget shall be made increasing the budget in the
event funds are not available to effectuate the purpose of the revision; and,
WHEREAS, funds are available to effectuate the purpose of this revision.
NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the amounts shown in Schedule A, attached hereto and made a part
hereof by reference, increasing and/or decreasing certain object classes and decreasing certain
fund balances in the Water fund with respect to the United City of Yorkville’s 2023-2024 Budget
are hereby approved.
Section 2. This ordinance shall be in full force and effect from and after its passage and
approval according to law.
Ordinance No. 2023-____
Page 2
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
______ day of ___________________, 2023.
______________________________
CITY CLERK
KEN KOCH _________ DAN TRANSIER _________
ARDEN JOE PLOCHER _________ CRAIG SOLING _________
CHRIS FUNKHOUSER _________ MATT MAREK _________
SEAVER TARULIS _________ RUSTY CORNEILS _________
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this ____ day of __________________, A.D. 2023.
______________________________
MAYOR
Revised FY 2024 FY 2024
FY 2021 FY 2022 FY 2023 FY 2023 Adopted Amended
Actual Actual Projected Projected Budget Budget
Revenue
Licenses & Permits -$ -$ 100,000$ 100,000$ 350,000$ 350,000$
Charges for Service 5,062,645 4,944,694 5,587,000 5,587,000 5,459,210 5,459,210
Investment Earnings 1,302 (27,633) 30,000 30,000 35,000 35,000
Reimbursements 2,524 2,920 2,021 2,021 48,500 48,500
Miscellaneous 100,469 105,950 107,351 107,351 109,134 109,134
Other Financing Sources 179,020 180,233 177,859 177,859 10,262,457 10,262,457
Total Revenue 5,345,960$ 5,206,164$ 6,004,231$ 6,004,231$ 16,264,301$ 16,264,301$
Expenditures
Salaries 453,904$ 488,536$ 521,785$ 521,785$ 613,000$ 613,000$
Benefits 235,333 234,464 282,245 282,245 315,829 315,829
Contractual Services 896,256 1,160,985 1,060,774 1,060,774 2,732,234 2,732,234
Supplies 414,134 480,005 462,000 462,000 469,600 469,600
Capital Outlay 407,285 1,136,503 2,619,031 2,566,742 10,170,820 10,218,820
Debt Service 2,305,935 1,815,830 1,654,108 1,654,108 975,291 975,291
Other Financing Uses - - - - 97,224 97,224
Total Expenses 4,712,847$ 5,316,323$ 6,599,943$ 6,547,654$ 15,373,998$ 15,421,998$
Surplus (Deficit)633,113$ (110,159)$ (595,712)$ (543,423)$ 890,303$ 842,303$
Ending Fund Balance Equivalent 3,901,358$ 3,791,199$ 3,195,487$ 3,247,776$ 4,085,790$ 4,090,079$
82.8% 71.3% 48.4% 49.6% 26.6% 26.5%
WATER FUND (51)
The Water Fund is an enterprise fund which is comprised of both a capital and operational budget. The capital portion is used for the
improvement and expansion of water infrastructure, while the operational side is used to service and maintain City water systems.
$0
$1,000
$2,000
$3,000
$4,000
$5,000
Thousands1
Schedule A
51
Revised FY 2024 FY 2024
FY 2021 FY 2022 FY 2023 FY 2023 Adopted Amended
Account Actual Actual Projected Projected Budget Budget
51-000-40-00-40XX WATER POLICY DECISION -$ -$ -$ -$ 350,000$ 350,000$
51-000-41-00-4166 DCEO-GENERAL INFRA GRANT - - 100,000 100,000 - -
51-000-44-00-4424 WATER SALES 3,300,613$ 3,447,225$ 3,850,000$ 3,850,000$ 3,965,500$ 3,965,500$
51-000-44-00-4425 BULK WATER SALES 7,900 6,050 - - 5,000 5,000
51-000-44-00-4426 LATE PENALTIES - WATER 755 140,331 164,000 164,000 168,920 168,920
51-000-44-00-4430 WATER METER SALES 241,930 209,245 180,000 180,000 100,000 100,000
51-000-44-00-4440 WATER INFRASTRUCTURE FEE 822,094 858,759 893,000 893,000 919,790 919,790
51-000-44-00-4450 WATER CONNECTION FEES 689,353 283,084 500,000 500,000 300,000 300,000
51-000-45-00-4500 1,302$ 2,030$ 30,000$ 30,000$ 35,000$ 35,000$
51-000-45-4550 GAINS ON INVESTMENT - (29,663) - - - -
51-000-46-00-4690 REIMB - MISCELLANEOUS 2,524$ 2,920$ 2,021$ 2,021$ 48,500$ 48,500$
51-000-48-00-4820 RENTAL INCOME 100,010$ 102,305$ 105,351$ 105,351$ 108,134$ 108,134$
51-000-48-00-4850 MISCELLANEOUS INCOME 459 3,645 2,000 2,000 1,000 1,000
51-000-49-00-4900 BOND PROCEEDS -$ -$ -$ -$ 9,265,000$ 9,265,000$
51-000-49-00-4903 PREMIUM ON BOND INSURANCE - - - - 818,705 818,705
51-000-49-00-4923 TRANSFER FROM CITY-WIDE CAPITAL 103,895 104,558 104,209 104,209 104,627 104,627
51-000-49-00-4952 TRANSFER FROM SEWER 75,125 75,675 73,650 73,650 74,125 74,125
10,262,457$
16,264,301$
United City of Yorkville
Water Fund
100,000$
5,587,000$
30,000$
2,021$
107,351$
177,859$
6,004,231$
350,000$
5,459,210$
35,000$
48,500$
109,134$
WATER FUND REVENUE
Description
5,206,164$
105,950$
180,233$
(27,633)$
2,920$
Licenses & Permits
Total:Licenses & Permits -$ 100,000$ 350,000$
107,351$
5,587,000$
30,000$
5,459,210$
35,000$
109,134$
16,264,301$
10,262,457$
48,500$ 2,021$
6,004,231$
177,859$
-$
Total:Charges for Services 5,062,645$
Investment Earnings
Charges for Services
100,469$
4,944,694$
Reimbursements
Miscellaneous
Total:Miscellaneous
Total:Reimbursements 2,524$
INVESTMENT EARNINGS
Total:Investment Earnings 1,302$
Total: WATER FUND REVENUE
Other Financing Sources
Total:Other Financing Sources 179,020$
5,345,960$
2
510
Revised FY 2024 FY 2024
FY 2021 FY 2022 FY 2023 FY 2023 Adopted Amended
Account Actual Actual Projected Projected Budget Budget
51-510-50-00-5010 SALARIES & WAGES 442,918$ 475,333$ 510,785$ 510,785$ 576,000$ 576,000$
51-510-50-00-5015 PART-TIME SALARIES - 3,488 - - 15,000 15,000
51-510-50-00-5020 OVERTIME 10,986 9,715 11,000 11,000 22,000 22,000
51-510-52-00-5212 RETIREMENT PLAN CONTRIBUTION 50,683$ 49,803$ 43,500$ 43,500$ 40,209$ 40,209$
51-510-52-00-5214 FICA CONTRIBUTION 33,514 35,808 39,500 39,500 45,058 45,058
51-510-52-00-5216 GROUP HEALTH INSURANCE 111,960 107,445 148,855 148,855 174,548 174,548
51-510-52-00-5222 GROUP LIFE INSURANCE 540 781 722 722 909 909
51-510-52-00-5223 DENTAL INSURANCE 7,127 8,579 11,677 11,677 12,759 12,759
51-510-52-00-5224 VISION INSURANCE 1,188 1,275 1,410 1,410 1,705 1,705
51-510-52-00-5230 UNEMPLOYMENT INSURANCE 1,054 1,479 1,453 1,453 2,000 2,000
51-510-52-00-5231 LIABILITY INSURANCE 29,267 29,294 35,128 35,128 38,641 38,641
Contractual Services
51-510-54-00-5401 ADMINISTRATIVE CHARGEBACK 124,225$ 126,596$ 133,075$ 133,075$ 138,174$ 138,174$
51-510-54-00-5402 BOND ISSUANCE COSTS - - - - 528,705 528,705
51-510-54-00-5404 WATER METER REPLACEMENT PROGRAM - - - - 900,000 900,000
51-510-54-00-5412 TRAINING & CONFERENCES 713 2,079 3,000 3,000 9,200 9,200
51-510-54-00-5415 TRAVEL & LODGING 158 34 1,250 1,250 4,000 4,000
51-510-54-00-5415 - 453 8,147 8,147 1,112 1,112
51-510-54-00-5426 PUBLISHING & ADVERTISING 304 - 500 500 500 500
51-510-54-00-5429 WATER SAMPLES 7,888 8,167 8,500 8,500 8,500 8,500
51-510-54-00-5430 PRINTING & DUPLICATING 2,595 3,690 3,250 3,250 3,250 3,250
51-510-54-00-5440 TELECOMMUNICATIONS 40,601 47,954 50,000 50,000 50,000 50,000
51-510-54-00-5445 TREATMENT FACILITY SERVICES 228,211 305,648 325,000 325,000 360,000 360,000
51-510-54-00-5448 FILING FEES 1,129 1,541 2,000 2,000 2,500 2,500
51-510-54-00-5452 POSTAGE & SHIPPING 19,944 18,075 25,000 25,000 25,000 25,000
51-510-54-00-5453 BUILDING & GROUNDS CHARGEBACK - 10,843 20,768 20,768 27,290 27,290
51-510-54-00-5460 DUES & SUBSCRIPTIONS 1,336 3,821 2,500 2,500 2,500 2,500
51-510-54-00-5462 PROFESSIONAL SERVICES 92,584 134,702 116,000 116,000 160,000 160,000
51-510-54-00-5465 ENGINEERING SERVICES 66,487 131,407 7,420 7,420 137,500 137,500
51-510-54-00-5480 UTILITIES 290,225 329,524 318,526 318,526 337,638 337,638
51-510-54-00-5483 JULIE SERVICES 1,097 4,002 4,500 4,500 4,500 4,500
51-510-54-00-5485 RENTAL & LEASE PURCHASE 2,125 3,459 2,000 2,000 2,500 2,500
51-510-54-00-5488 OFFICE CLEANING 1,290 1,270 1,395 1,395 1,465 1,465
51-510-54-00-5490 VEHICLE MAINTENANCE SERVICES 5,092 12,141 12,000 12,000 12,000 12,000
51-510-54-00-5495 OUTSIDE REPAIR & MAINTENANCE 6,559 12,709 10,000 10,000 10,000 10,000
51-510-54-00-5498 PAYING AGENT FEES 1,299 1,299 943 943 900 900
United City of Yorkville
Water Fund
521,785$
282,245$
613,000$
315,829$
WATER OPERATIONS
Description
Benefits
453,904$
235,333$
488,536$ 521,785$
282,245$ 315,829$
613,000$
Salaries
Total:Salaries
Benefits
Total:234,464$
COMPUTER REPLACEMENT CHARGEBACK
3
510
Revised FY 2024 FY 2024
FY 2021 FY 2022 FY 2023 FY 2023 Adopted Amended
Account Actual Actual Projected Projected Budget Budget
United City of Yorkville
Water Fund
WATER OPERATIONS
Description
51-510-54-00-5499 BAD DEBT 2,394 1,571 5,000 5,000 5,000 5,000
51-510-56-00-5600 WEARING APPAREL 4,743$ 4,484$ 9,000$ 9,000$ 9,000$ 9,000$
51-510-56-00-5620 OPERATING SUPPLIES 9,230 9,651 11,000 11,000 17,000 17,000
51-510-56-00-5628 VEHICLE MAINTENANCE SUPPLIES 1,306 3,287 2,500 2,500 2,500 2,500
51-510-56-00-5630 SMALL TOOLS & EQUIPMENT 4,255 4,326 4,000 4,000 4,000 4,000
51-510-56-00-5638 TREATMENT FACILITY SUPPLIES 176,801 167,223 190,000 190,000 199,500 199,500
51-510-56-00-5640 REPAIR & MAINTENANCE 16,099 28,090 27,500 27,500 27,500 27,500
51-510-56-00-5664 METERS & PARTS 185,090 235,749 185,000 185,000 175,000 175,000
51-510-56-00-5665 JULIE SUPPLIES 1,668 1,196 3,000 3,000 3,000 3,000
51-510-56-00-5695 GASOLINE 14,942 25,999 30,000 30,000 32,100 32,100
51-510-60-00-6011 WATER SOURCING-DWC -$ -$ 181,290$ 181,290$ 1,870,000$ 1,870,000$
51-510-60-00-6015 WATER TOWER REHABILITATION - 21,619 212,708 212,708 550,000 550,000
51-510-60-00-6022 WELL REHABILITATIONS - 68,498 538,734 538,734 53,500 53,500
51-510-60-00-6025 WATERMAIN REPLACEMENT PROGRAM 26,273 807,678 1,334,294 1,334,294 3,874,500 3,874,500
51-510-60-00-6029 WELL#10/MAIN & TREATMENT PLANT - - 25,000 25,000 3,529,000 3,529,000
51-510-60-00-6059 US34 (IL RT47/ORCHARD RD) PROJECT - - - - 23,000 23,000
51-510-60-00-6060 EQUIPMENT 7,696 - 10,940 10,940 87,000 87,000
51-510-60-00-6065 BEAVER STREET BOOSTER STATION 32,046 190,424 109,099 109,099 - -
51-510-60-00-6066 RTE 71 WATERMAIN RELOCATION 49,546 - - - 12,025 12,025
51-510-60-00-6068 WELL 7 STANDBY GENERATOR - - - - 35,000 35,000
51-510-60-00-6070 VEHICLES 89,984 - 185,953 133,664 - 48,000
51-510-60-00-6079 ROUTE 47 EXPANSION 45,372 45,372 18,905 18,905 - -
51-510-60-00-6081 CATION EXCHANGE MEDIA REPLACEMENT 156,368 2,912 2,108 2,108 - -
51-510-75-00-7505 DEVELOPER COMMITMENT - - - - 136,795 136,795
51-510-77-00-8000 PRINCIPAL PAYMENT 297,837$ 312,545$ 323,576$ 323,576$ 338,284$ 338,284$
51-510-77-00-8050 INTEREST PAYMENT 140,167 128,254 115,752 115,752 102,809 102,809
51-510-85-00-8000 PRINCIPAL PAYMENT 1,475,000$ 1,040,000$ 915,000$ 915,000$ -$ -$
51-510-85-00-8050 INTEREST PAYMENT 117,650 58,650 27,450 27,450 - -
10,218,820$ Capital Outlay
1,060,774$
462,000$
2,566,742$
439,328$
942,450$
441,093$
-$
2,732,234$
469,600$
407,285$
1,098,650$ 942,450$
10,170,820$ 2,619,031$
896,256$
Debt Service - 2016 Refunding Bond
Total:Debt Service - 2016 Refunding Bond 1,592,650$
Total:
439,328$ 441,093$
Debt Service - 2015A Bond
Total:Debt Service - 2015A Bond 438,004$ 440,799$
1,060,774$ 2,732,234$
469,600$ 462,000$
Capital Outlay
-$
Supplies
Total:Contractual Services
480,005$ Total:Supplies 414,134$
1,160,985$
1,136,503$
4
510
Revised FY 2024 FY 2024
FY 2021 FY 2022 FY 2023 FY 2023 Adopted Amended
Account Actual Actual Projected Projected Budget Budget
United City of Yorkville
Water Fund
WATER OPERATIONS
Description
51-510-86-00-8000 PRINCIPAL PAYMENT -$ -$ -$ -$ -$ -$
51-510-86-00-8050 INTEREST PAYMENT - - - - 260,918 260,918
51-510-89-00-8000 PRINCIPAL PAYMENT 107,050$ 109,743$ 112,503$ 112,503$ 115,333$ 115,333$
51-510-89-00-8050 INTEREST PAYMENT 17,981 15,288 12,527 12,527 9,697 9,697
51-510-94-00-8000 PRINCIPAL PAYMENT 130,000$ 135,000$ 135,000$ 135,000$ 140,000$ 140,000$
51-510-94-00-8050 INTEREST PAYMENT 20,250 16,350 12,300 12,300 8,250 8,250
51-510-99-00-9924 TRANSFER TO BUILDINGS & GROUNDS -$ -$ -$ -$ 97,224$ 97,224$
15,421,998$
-$
125,030$
147,300$
6,547,654$
260,918$
125,030$
148,250$
-$
Debt Service - 2023 Bond
Total:Debt Service - 2023 Bond -$
Debt Service - IEPA Loan L17-156300
Total: WATER OPERATIONS 4,712,847$ 6,599,943$ 15,373,998$
125,030$
-$
148,250$
125,030$
147,300$
5,316,323$
125,031$
Debt Service - 2014C Refunding Bond
Total:Debt Service - 2014C Ref Bond 150,250$ 151,350$
Total:Debt Service - IL EPA Loan 156300 125,031$
260,918$
5