Public Works Packet 2023 12-19-23
AGENDA
PUBLIC WORKS COMMITTEE MEETING
Tuesday, December 19, 2023
6:00 p.m.
East Conference Room #337
651 Prairie Pointe Drive, Yorkville, IL
Citizen Comments:
Minutes for Correction/Approval: November 21, 2023
New Business:
1. PW 2023-89 Grande Reserve Unit 3 – Acceptance
2. PW 2023-90 Grande Reserve Unit 4 - Acceptance
3. PW 2023-91 Grande Reserve Unit 8 – Acceptance
4. PW 2023-92 Grande Reserve Unit 20 – Acceptance
5. PW 2023-93 507 W. Kendall Drive – IDOT Permit and Resolution
6. PW 2023-94 Route 47 Water Main Relocation – Water Park Way to Bertram Drive – Agreement for
Professional Services
7. PW 2023-95 Center Street Water Main Extension – Agreement for Professional Services (YBSD)
8. PW 2023-96 Lake Michigan Allocation Permit – Engineering Work – Change Order No. 1
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, December 19, 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. November 21, 2023
□ Approved __________
□ As presented
□ With corrections
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NEW BUSINESS:
---------------------------------------------------------------------------------------------------------------------------------------
1. PW 2023-89 Grande Reserve Unit 3 – Acceptance
□ Moved forward to CC __________
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
---------------------------------------------------------------------------------------------------------------------------------------
2. PW 2023-90 Grande Reserve Unit 4 – Acceptance
□ Moved forward to CC __________
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
---------------------------------------------------------------------------------------------------------------------------------------
3. PW 2023-91 Grande Reserve Unit 8 – Acceptance
□ Moved forward to CC __________
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
---------------------------------------------------------------------------------------------------------------------------------------
4. PW 2023-92 Grande Reserve Unit 20 – Acceptance
□ Moved forward to CC __________
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
---------------------------------------------------------------------------------------------------------------------------------------
5. PW 2023-93 507 W. Kendall Drive – IDOT Permit and Resolution
□ Moved forward to CC __________
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
---------------------------------------------------------------------------------------------------------------------------------------
6. PW 2023-94 Route 47 Water Relocation – Water Park Way to Bertram Drive – Agreement for
Professional Services
□ Moved forward to CC __________
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
---------------------------------------------------------------------------------------------------------------------------------------
7. PW 2023-95 Center Street Water Extension – Agreement for Professional Services (YSBD)
□ Moved forward to CC __________
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
---------------------------------------------------------------------------------------------------------------------------------------
8. PW 2023-96 Lake Michigan Allocation Permit – Engineering Work – Change Order No. 1
□ 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 – November 21, 2023
Public Works Committee – December 19, 2023
Majority
Committee Approval
Minute Taker
Name Department
DRAFT
Page 1 of 3
UNITED CITY OF YORKVILLE
PUBLIC WORKS COMMITTEE
Tuesday, November 21, 2023, 6:00pm
Yorkville City Hall, East Conference Room #337
651 Prairie Pointe Drive, Yorkville, IL
IN ATTENDANCE:
Committee Members
Chairman Ken Koch Alderman Rusty Corneils
Alderman Craig Soling Alderman Matt Marek
Other City Officials
City Administrator Bart Olson Assistant City Administrator Erin Willrett
Public Works Director Eric Dhuse Engineer Brad Sanderson, EEI
Alderman Chris Funkhouser (arr. 6:03pm)
Other Guests: None
The meeting was called to order at 6:00pm by Chairman Ken Koch.
Citizen Comments: None
Previous Meeting Minutes: October 17, 2023
The minutes were approved as presented.
New Business:
1. PW 2023-84 Route 47 Expansion and Improvements – Update and Overview
Mr. Sanderson and Mr. Dhuse have been considering different plans for Rt. 47 both north and south and changes
can still be made. Mr. Olson asked them to do a review of where the grassy medians and trails are located.
When the trails were planned, the state was paying 80% and the city minimized their costs due to limited funds.
If additional trail locations are desired to be added, it would be 100% state funding. Mr. Sanderson said the
work from Yorkville to Sugar Grove is planned by the state and is over $100 million. They will break that into 3
separate construction contracts with bid lettings expected within 6-15 months. The first section is Kennedy to
Water Park Way, then from Water Park Way to Jericho and from Jericho to Cross St. in Sugar Grove. He said in
the northern section there are some watermain and sanitary sewer conflicts and IDOT and the city will each pay
a portion.
The committee had several questions...
Alderman Koch asked about the bridge crossing the creek and where the train tracks will go. A temporary trestle
will be built and the train will go under the road. He asked about budgeting funds and Mr. Olson said IDOT
will reimburse for the north section and the city may ask Wrigley for help on the sections near them or the
expense may be put in the Capital Improvement Plan. Some projects may also be diverted from the sanitary
sewer and the city's cost on the south side may be taken from either water or sewer. Signals and lighting are
already budgeted.
Alderman Soling asked about possible roadway connections at Bristol Bay. The reconstruction will open 2
connections with no lights, but turns can be made right or left.
Page 2 of 3
Alderman Corneils asked if all 3 contracts will be executed at the same time. Mr. Sanderson replied he thinks
the letting from Water Park Way to Jericho will be in January 2025 and the Kennedy segment might be sooner.
There is a good chance all will be let and under construction at the same time.
Alderman Funkhouser asked to see exhibits that show pavement vs. grassy areas and he would like to see as
much grass as possible. He would also like trees in the parkway, noting the city maintains the parkways. Mr.
Olson replied the trees will not be part of the initial planning process, but the proposal may come at a later time.
Mr. Funkhouser asked if water relocation could be done through Windett Ridge instead of along Rt. 47. That is a
possibility and would be cheaper, said Mr. Sanderson. Alderman Funkhouser also asked if IDOT thinks the
railroad will be on time regarding the viaducts.
2. PW 2023-85 Kane-Kendall Council of Mayors (KKCOM) Call for Projects
Every 2 years the Mayor's Council asks for projects that need to be done and this year project submittals are due
before Christmas, said Mr. Sanderson. These are to be used on STP projects and can be used on re-
constructing, minor rehab and resurfacing of roads. The funding can only be used on FAU routes approved by
the state. Mr. Sanderson and staff have looked at eligible roadways and have recommended E. Van Emmon and
also Kennedy from Autumn Creek to Freedom. There is a strong chance of receiving funding for Van Emmon
next year. Mr. Sanderson said the suggested projects are competing against all others including those in Kane
County. He said the federal funding is substantial and the city's share would be about $900,000. The city will
apply for both projects.
Mr. Olson added that the city receives impact fees from Grande Reserve which are applied to Kennedy Rd. at
$2,000 per unit when built. The funds are currently going towards Mill Rd. Since the new project would not be
done for 4-5 years, it is possible the money will already be accumulated and would have minimal budget impact,
said Mr. Olson. The city has applied for multiple projects in the past, in answer to Mr. Marek's question. A point
system is used to choose the projects, based on traffic volume, safety, condition of pavement and other factors.
The narrowness and curves could help the scoring of Kennedy. This moves to the consent agenda for a motion
to authorize the projects.
3. PW 2023-86 Special Service Area – Fox Hill & Sunflower Estates – Maintenance Services
Mr. Dhuse said the subdivisions are aging and more maintenance is needed. In Fox Hill, the rights to the sign
were sold to IDOT when Rt. 34 was widened. Now there is no spot to put the sign so he will work with the
nearby senior housing developer to see about an easement. IDOT said the sign cannot be mounted on the wall
going into the subdivision, but Mr. Dhuse will speak with them again. Alderman Funkhouser said the
community has lost its identity there. He also receives complaints about the weeds by the wall, so the committee
discussed having vines similar to those on Rt. 30 and Mr. Dhuse will look at pricing. Mr. Dhuse said the other
item is trail maintenance since it is nearly 30 years old. Parts of it will be replaced over the next 5 years.
The Sunflower work will include a controlled burn by the ponds and Mr. Dhuse is seeking prices. On the south
entrance, trimming and removal of broken trees is needed. He said the pines there cannot be further trimmed
without them dying. It was suggested to keep the trees there and install low ground cover for better sight lines.
Mr. Olson said the levy will go before the Council in the coming week and there are no plans to change it. The
maintenance is for information.
4. PW 2023-87 2023 Road to Better Roads - Change Order No. 1 and Final Payment Estimate
Mr. Sanderson said this is a balancing Change Order and will move to the City Council for consideration. MFT
funds were used and IDOT requires certain forms to be approved and submitted. The job is complete and it was
$22,000 less than the original contract. He recommended approval of the documents and this moves to the
consent agenda with committee approval.
Page 3 of 3
5. PW 2023-88 Meeting Schedule for 2024
The committee was OK with the schedule of meetings remaining on Tuesdays at 6pm and this moves
to the consent agenda.
Old Business:
1. PW2023-83 Kylyns Ridge Subdivision Traffic Sign Analysis
Alderman Funkhouser had asked the committee members to review this matter from a previous discussion and to
look at options for areas where speeding continues. Data has been collected by EEI and the PD in the problem
areas. He likes the idea of speed tables, speed bumps or striping/lane-narrowing to slow drivers. The striping
could be used first and can be done in-house. Seasonal temporary speed bumps were discussed and they can be
removed. The cost for a set of 3 temporary bumps is $3,000-$5,000. Also discussed was a flexible median
material which is soft when hit slowly, but very rigid when hit fast. These can be moved to problem areas with
Mayoral or staff discretion. Mr. Sanderson said warning signs would have to be installed as well. Alderman
Corneils commented he does not favor permanent speed bumps or tables since there is no statistical need and
that it would be more work for the staff to move signs around if moveable barriers were placed.
Mr. Sanderson and Mr. Dhuse will do cost estimates on striping and semi-solid bumps and bring the information
to the March meeting. It was noted that 55 degree temperatures (April/May) are needed for striping.
Alderman Funkhouser listed the affected intersections, but the most problematic is behind Home Depot and
Target.
Additional Business:
Alderman Funkhouser noted that trees in parks or rights-of-way are not always replaced and he suggested the
city should consider a budget for replacements. He said currently residents pay for the trees for parkways while
the city provides the labor. Mr. Dhuse noted that 40 people have participated in the the tree replacement for
parkways. Mr. Olson said about $10,000 is budgeted for park tree replacement and he suggested speaking with
the Mayor to discuss more funding in the budget.
Alderman Soling asked for information about the King St. closure. Mr. Olson said the city had instructed the
contractor to do the work and it is now complete.
There was no further business and the meeting adjourned at 7:10pm.
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 2023-89
Grande Reserve Unit 3
Public Works Committee – December 19, 2023
Majority
Consideration of Approval
Subdivision Acceptance Consideration
Brad Sanderson Engineering
Name Department
The developer has requested that the City accept the public improvements for ownership and
maintenance. All work related to the public improvements, including punch list work has been
completed.
We recommend that the public improvements (water main, sanitary sewer, storm sewer, paving,
sidewalk, street lighting and parkway trees) as described in the attached Bill of Sale be accepted
for ownership and maintenance by the City.
There is one lot within the unit that still needs sidewalk installed and parkway trees planted. The
builder has recently sold the lot and construction is scheduled so we anticipate that this work will
be complete prior to the one-year maintenance period expiring.
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.
Original EOPC Value $980,545.60
Required Value (10% of Original) $98,055.00
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: December 19, 2023
Subject: Grande Reserve – Unit 3
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 651 Prairie Pointe Drive, Yorkville, Illinois
60560, the following personal property to wit described in Exhibit A attached hereto for the
development know as Grande Reserve – Unit 3 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
EXHIBIT A
GRANDE RESERVE - UNIT 3
UNITED CITY OF YORKVILLE
UNIT QUANTITIY
UNIT QUANTITY
FOOT 2,233 FOOT 210
FOOT 1,141 FOOT 1,180
EACH 30 FOOT 460
EACH 20 FOOT 1,862
EACH 20 FOOT 313
FOOT 479
FOOT 3,374
FOOT 2,516
FOOT 1,560
EACH 7
EACH 3
EACH 11
EACH 20
EACH 30
EACH 279
FOOT 85
FOOT 2,785
FOOT 259
FOOT 563
FOOT 440
FOOT 134
FOOT 327
EACH 14
EACH 8
EACH 3
EACH 13
EACH 20
EACH 1
EACH 1
EACH 50
FOOT 570
FOOT 4,508
SQ FT 15097
EACH 11
EACH 22
PATRIOT COURT
ROADWAY
OLD GLORY DRIVE
GRANDE TRAIL
SUNSET AVENUE
STREET LIGHTING
STREET LIGHT 25' STANDARD, COMPLETE
PARKWAY TREES
SIDEWALK
8" RCP
SQUIRE CIRCLE
12" RCP
15" RCP
21" RCP
WATER MAIN CONSTRUCTION
8" DUCTILE IRON WATER MAIN
16" DUCTILE IRON WATER MAIN
8" VALVE & BOX
16" VALVE & 60" VAULT
FIRE HYDRANT & CONNECTION TO 16" MAIN
1-1/2" TYPE K COPPER SERVICE, NEAR
1-1/2" TYPE K COPPER SERVICE, FAR
SELECT GRANULAR BACKFILL (MAINLINE)
UTILITIES
SANITARY SEWER CONSTRUCTION
8" PVC SANITARY SEWER (SDR 26)
8" PVC SANITARY SEWER (SDR 21)
6" SANITARY SERVICE COMPLETE - NEAR
6" SANITARY SERVICE COMPLETE - FAR
48" MANHOLE TYPE A W/ FRAME AND LID
SELECT GRANULAR BACKFILL (CA-7)
TELEVISE MAINS
24" RCP
4" SUMP PUMP CONNECTION
SELECT GRANULAR BACKFILL (MAINLINE)
TELEVISE STORM SEWER
STORM SEWER CONSTRUCTION
MISCELLANEOUS
27" RCP
36" RCP
48" MANHOLE W/ FRAME AND LID
60" MANHOLE W/ FRAME AND LID
72" MANHOLE W/ FRAME AND LID
48" CATCH BASIN W/ FRAME & GRATE
24" INLET TYPE A W/ FRAME & GRATE
12" RCP FLARED END SECTION
15" RCP FLARED END SECTION
5' WIDE - 5" PCC SIDEWALK W/ 2" AGGREGATE
Cryder WayAlden AveHobbs Ln
BurrCt Hobbs CtOldGlory Ct
CranstonCir
GrandeTrail Ct
Sunset AvePatriot CtE Veterans PkwyG r a n d e T r l Grande TrlOld Glory DrL
y
m
a
n L
o
o
p
Parkway Dr
Henning Ln
Linden AveBurr StRood StCranston CirMcLellan Bl
vdAmer
i
can WayB
ristol Rid
g
e R
d
B
ristol Rid
g
e R
dKennedy RdKennedy RdSquire CirEngineering Enterprises, Inc.
52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 / www.eeiweb.con
GRANDE RESERVELOCATION MAP
DATE:NOVEMBER 2023United City of Yorkville651 Prairie Pointe Dr.Yorkville, IL 60560(630) 553-4350http://www.yorkville.il.us
UNIT 3
UNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOIS
CONSULTING ENGINEERS
NO.DATE REVISIONS
PROJECT NO.:YO1860
PATH:H:/GIS/PUBLIC/YORKVILLE/2018/FILE:
fffää
N O R T H
Legend
Unit 3 Boundary
H:\GIS\Public\Yorkville\2018\YO1860\YO1860_ Grande Reserve Unit 3.mxd
600 0 600300 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 #2
Tracking Number
PW 2023-90
Grande Reserve Unit 4
Public Works Committee – December 19, 2023
Majority
Consideration of Approval
Subdivision Acceptance Consideration
Brad Sanderson Engineering
Name Department
The developer has requested that the City accept the public improvements for ownership and
maintenance. All work related to the public improvements (except for sidewalk and parkway
trees noted below), including punch list work has been completed.
We recommend that the public improvements (water main, sanitary sewer, storm sewer, paving,
sidewalk, street lighting and parkway trees) as described in the attached Bill of Sale be accepted
for ownership and maintenance by the City.
There are currently 26 (out of 116 total) undeveloped lots within the unit that still need sidewalk
installed and parkway trees planted. The builder continues to sell lots and construction is
scheduled for several homes so we anticipate that a majority of this work will be completed prior
to the one-year maintenance period expiring.
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. In this case, coverage of 120% of the remaining sidewalk and parkway trees is
also required.
Original EOPC Value $1,753,717.00
10% of Original EOPC $175,372.00
EOPC of Remaining Sidewalk and Trees x 120% $344,520.00
Required Value (10% of Original + Remaining) $519,892.00
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: December 19, 2023
Subject: Grande Reserve – Unit 4
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 651 Prairie Pointe Drive, Yorkville, Illinois
60560, the following personal property to wit described in Exhibit A attached hereto for the
development know as Grande Reserve – Unit 4 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
EXHIBIT A
GRANDE RESERVE - UNIT 4
UNITED CITY OF YORKVILLE
UNIT QUANTITIY
UNIT QUANTITY
FOOT 6,562 FOOT 2,684
FOOT 170 FOOT 180
EACH 60 FOOT 311
EACH 57 FOOT 2,070
FOOT 53 FOOT 768
EACH 45 FOOT 921
FOOT 585
FOOT 6,732
FOOT 7,226
FOOT 771
EACH 11
EACH 1
EACH 24
EACH 57
EACH 57
EACH 661
EACH 102
FOOT 207
FOOT 3,725
FOOT 1,466
FOOT 2,072
FOOT 304
FOOT 896
FOOT 909
EACH 35
EACH 25
EACH 30
EACH 3
EACH 23
EACH 2
EACH 1
EACH 1
FOOT 988
FOOT 9,372
SQ FT 69395
EACH 23
EACH 3
HENNING LANE
ROOD STREET
SIDEWALK
30" RCP FLARED END SECTION W/ GRATE
24" RCP FLARED END SECTION W/ GRATE
8" PVC
12" RCP
15" RCP
24" RCP
15" RCP FLARED END SECTION W/ GRATE
60" MANHOLE W/ FRAME AND LID
72" MANHOLE W/ FRAME AND LID
48" CATCH BASIN W/ FRAME & GRATE
WATER MAIN CONSTRUCTION
STORM SEWER CONSTRUCTION
1-1/2" TYPE K COPPER SERVICE, FAR
8" DUCTILE IRON WATER MAIN
16" DUCTILE IRON WATER MAIN
8" VALVE & BOX
16" VALVE & 60" VAULT
FIRE HYDRANT ASSEMBLY, COMPLETE
1-1/2" TYPE K COPPER SERVICE, NEAR
SELECT GRANULAR BACKFILL (MAINLINE)
4" SUMP PUMP CONNECTION
30" RCP
24" INLET TYPE A W/ FRAME & GRATE
6" SERVICE RISER
48" MANHOLE TYPE A W/ FRAME AND LID
SELECT GRANULAR BACKFILL (CA-7)
TELEVISE MAINS
ROADWAY
OLD GLORY DRIVE
OLD GLORY COURT
AMOS AVENUE
STREET LIGHTING
STREET LIGHT 25' STANDARD, COMPLETE
PARKWAY TREES
MISCELLANEOUS
18" RCP
ALDEN AVENUE
21" RCP
UTILITIES
SANITARY SEWER CONSTRUCTION
8" PVC SANITARY SEWER (SDR 26)
8" PVC SANITARY SEWER (SDR 21)
6" SANITARY SERVICE COMPLETE - NEAR
6" SANITARY SERVICE COMPLETE - FAR
TRENCH BACKFILL (CA-7)
TELEVISE STORM SEWER
5' WIDE - 5" PCC SIDEWALK W/ 2" AGGREGATE
48" MANHOLE W/ FRAME AND LID
Cryder WayHollenbackCtHobbs CtOldGlory Ct CryderCtCranstonCirPatriotCtAmer
i
canWayGrandeTrail Ct
ThereasAve
SquireCirEllsworthDrJusticeDr
Alden AveBurr StSquire CirBristol Rid
g
e R
d
B
ristol Rid
g
e R
d
Constitution Way
McLel
lan Bl
vdMcLellan BlvdAmos Ave
Hobbs LnJeter StHenning Ln
C
r
a
n
s
t
o
n
C
ir
Cranston Cir
E lls w o r t h D r
Sunset AveG r a n d e T r l GrandeTrlG
r
a
n
d
e
T
rl
Rood StOld Glory DrOld Glory DrKennedy RdKennedy RdEngineering Enterprises, Inc.
52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 / www.eeiweb.con
GRANDE RESERVELOCATION MAP
DATE:NOVEMBER 2023United City of Yorkville651 Prairie Pointe Dr.Yorkville, IL 60560(630) 553-4350http://www.yorkville.il.us
UNIT 4
UNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOIS
CONSULTING ENGINEERS
NO.DATE REVISIONS
PROJECT NO.:YO2228
PATH:H:/GIS/PUBLIC/YORKVILLE/2022/FILE:
fffää
N O R T H
Legend
Unit 4 Boundary
H:\GIS\Public\Yorkville\2022\YO2228\YO2228_ Grande Reserve Unit 4.mxd
600 0 600300 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 #3
Tracking Number
PW 2023-91
Grande Reserve Unit 8
Public Works Committee – December 19, 2023
Majority
Consideration of Approval
Subdivision Acceptance Consideration
Brad Sanderson Engineering
Name Department
The developer has requested that the City accept the public improvements for ownership and
maintenance. All work related to the public improvements, including punch list work, has been
completed.
We recommend that the public improvements (water main, sanitary sewer, storm sewer, paving,
sidewalk, street lighting and parkway trees) as described in the attached Bill of Sale be accepted
for ownership and maintenance by the City.
As required by City Code, the developer will be responsible to provide a performance guarantee
to cover the one-year maintenance period. This period starts after the City formally accepts the
improvements.
Original EOPC Value $1,426,647.80
10% of Original EOPC $142,664.78
Required Value (10% of Original EOPC) $142,665.00
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: December 1, 2023
Subject: Grande Reserve – Unit 8
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 651 Prairie Pointe Drive, Yorkville, Illinois
60560, the following personal property to wit described in Exhibit A attached hereto for the
development know as Grande Reserve – Unit 8 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
EXHIBIT A
GRANDE RESERVE - UNIT 8
UNITED CITY OF YORKVILLE
UNIT QUANTITIY
UNIT QUANTITY
FOOT 3,644 FOOT 2,376
FOOT 414 FOOT 48
EACH 41 FOOT 501
EACH 53 FOOT 1,750
FOOT 121 FOOT 178
EACH 19 FOOT 1,795
FOOT 410 FOOT 160
FOOT 4,058
FOOT 4,122
EACH 8
EACH 16
EACH 40
EACH 42
EACH 220
EACH 101
FOOT 96
FOOT 2,429
FOOT 851
FOOT 1,648
FOOT 803
FOOT 1,494
FOOT 190
FOOT 365
EACH 26
EACH 25
EACH 24
EACH 17
EACH 1
EACH 1
FOOT 785
FOOT 7,633
SQ FT 68470
EACH 24
EACH 5
JUSTICE COURT
ANNA MARIA LANE
SIDEWALK
30" RCP FLARED END SECTION W/ GRATE
8" PVC
12" RCP
15" RCP
24" RCP
24" RCP FLARED END SECTION W/ GRATE
48" MANHOLE W/ FRAME AND LID
60" MANHOLE W/ FRAME AND LID
48" CATCH BASIN W/ FRAME & GRATE
WATER MAIN CONSTRUCTION
STORM SEWER CONSTRUCTION
ROADWAY
JUSTICE DRIVE
GRANDE TRAIL
REHBEHN COURT
STREET LIGHTING
STREET LIGHT 25' STANDARD, COMPLETE
PARKWAY TREES
MISCELLANEOUS
18" RCP
MATLOCK DRIVE
21" RCP
6" SANITARY SERVICE COMPLETE - FAR
6" SERVICE RISER
48" MANHOLE TYPE A W/ FRAME AND LID
SELECT GRANULAR BACKFILL (CA-7)
30" RCP
4" SUMP PUMP CONNECTION
27" RCP
8" DUCTILE IRON WATER MAIN
8" VALVE & BOX
FIRE HYDRANT ASSEMBLY, COMPLETE
1-1/2" TYPE K COPPER SERVICE, NEAR
1-1/2" TYPE K COPPER SERVICE, FAR
SELECT GRANULAR BACKFILL (MAINLINE)
UTILITIES
SANITARY SEWER CONSTRUCTION
8" PVC SANITARY SEWER (SDR 26)
8" PVC SANITARY SEWER (SDR 21)
6" SANITARY SERVICE COMPLETE - NEAR
LEHMAN CROSSING
5' WIDE - 5" PCC SIDEWALK W/ 2" AGGREGATE
24" INLET TYPE A W/ FRAME & GRATE
TRENCH BACKFILL (CA-7)
TELEVISE STORM SEWER
TELEVISE MAINS
ConstitutionWay EllsworthCtJustice Ct
McLellan BlvdD
avid Ct
Matlock DrFreedomPl
G r a n d e Tr l
Gr ande Tr lConstitutionWay A n n a M a r i a L n
Rehbehn CtBerrywood LnE llsw orth D rLehman CrossingL e w i s S t Heatherwood DrMeadowwood Ln
Jeter StPine R idge Dr S
W Rickard DrE Rickard DrSeeley St
J u s t i c e D r Justice DrEngineering Enterprises, Inc.
52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 / www.eeiweb.con
GRANDE RESERVELOCATION MAP
DATE:NOVEMBER 2023United City of Yorkville651 Prairie Pointe Dr.Yorkville, IL 60560(630) 553-4350http://www.yorkville.il.us
UNIT 8
UNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOIS
CONSULTING ENGINEERS
NO.DATE REVISIONS
PROJECT NO.:YO1733
PATH:H:/GIS/PUBLIC/YORKVILLE/2017/FILE:
fffää
N O R T H
Legend
Unit 8 Boundary
H:\GIS\Public\Yorkville\2017\YO1733\YO1733_ Grande Reserve Unit 8 Best.mxd
600 0 600300 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 #4
Tracking Number
PW 2023-92
Grande Reserve Unit 20
Public Works Committee – December 19, 2023
Majority
Consideration of Approval
Subdivision Acceptance Consideration
Brad Sanderson Engineering
Name Department
The developer has requested that the City accept the public improvements for ownership and
maintenance. All work related to the public improvements, including punch list work has been
completed.
We recommend that the public improvements (water main, sanitary sewer, storm sewer, paving,
sidewalk, street lighting and parkway trees) as described in the attached Bill of Sale be accepted
for ownership and maintenance by the City.
As required by City Code, the developer will be responsible to provide a performance guarantee
to cover the one-year maintenance period. 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 bond and new amounts are as follows:
Platte River Insurance Co. Bond #41239281 $415,258.00
Platte River Insurance Co. Bond #41239286 $25,075.00
Current Total Bond Value $440,333.00
Original Value $1,417,509.00
Required Value (10% of Original) $141,750.90
Net Allowable Reduction $298,582.10
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: December 7, 2023
Subject: Grande Reserve – Unit 20
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 651 Prairie Pointe Drive, Yorkville, Illinois
60560, the following personal property to wit described in Exhibit A attached hereto for the
development know as Grande Reserve – Unit 20 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
EXHIBIT A
GRANDE RESERVE - UNIT 20
UNITED CITY OF YORKVILLE
UNIT QUANTITIY
UNIT QUANTITY
FOOT 2006 FOOT 2,684
FOOT 197 FOOT 180
FOOT 1565 FOOT 311
EACH 21 FOOT 2,070
EACH 37
EACH 26
EACH 2
EACH 1
FOOT 33
FOOT 430
FOOT 3768
WATER MAIN CONSTRUCTION
FOOT 4,352
EACH 9
EACH 36
EACH 27
EACH 2
EACH 10
EACH 195
FOOT 1,513
FOOT 886
FOOT 273
FOOT 153
FOOT 258
FOOT 397
FOOT 174
FOOT 434
FOOT 117
FOOT 85
FOOT 152
FOOT 95
EACH 18
EACH 13
EACH 1
EACH 1
EACH 10
EACH 15
EACH 1
FOOT 580
FOOT 4,536
SQ FT 26865
SIDEWALK
18" RCP
84" MANHOLE W/ FRAME AND LID
SELECT GRANULAR BACKFILL (MAINLINE)
TELEVISE STORM SEWER
48" MANHOLE W/ FRAME AND LID
60" MANHOLE W/ FRAME AND LID
72" MANHOLE W/ FRAME AND LID
STORM SEWER CONSTRUCTION
CONNECTION TO EXISTING
FIRE HYDRANT ASSEMBLY, COMPLETE
SELECT GRANULAR BACKFILL (MAINLINE)
42" RCP
42" RCP W/ ASTM C-443 JOINTS
ROADWAY
SHOEGER DRIVE
SHOEGER COURT
BRADY STREET
STREET LIGHTING
21" RCP
24" RCP
TELEVISE MAINS
42" RCP FLARED END SECTION W/ GRATE
UTILITIES
SANITARY SEWER CONSTRUCTION
8" PVC SANITARY SEWER (SDR 26)
8" PVC SANITARY SEWER (SDR 21)
12" PVC SANITARY SEWER (DR 18)
8" DUCTILE IRON WATER MAIN
8" VALVE & BOX
1" TYPE K COPPER SERVICE, NEAR
24" INLET TYPE A W/ FRAME & GRATE
48" MANHOLE TYPE A W/ FRAME AND LID
6" SANITARY SERVICE COMPLETE - NEAR
15" RCP
18" RCP W/ ASTM C-443 JOINTS
12" RCP
48" CATCH BASIN W/ FRAME & GRATE
CROOKER DRIVE
1" TYPE K COPPER SERVICE, FAR
24" RCP W/ ASTM C-443 JOINTS
27" RCP W/ ASTM C-443 JOINTS
33" RCP
33" RCP W/ ASTM C-443 JOINTS
6" SANITARY SERVICE COMPLETE - FAR
CONNECTION TO EXISTING
12" PLUG
6" SERVICE RISER
SELECT GRANULAR BACKFILL (CA-7)
5' WIDE - 5" PCC SIDEWALK W/ 2" AGGREGATE
EXHIBIT A
GRANDE RESERVE - UNIT 20
UNITED CITY OF YORKVILLE
EACH 23
LSUM 1
LSUM 1
LSUM 1
STREET LIGHT 25' STANDARD, COMPLETE
MISCELLANEOUS
BUFFER AND COMMON AREA
MISCELLANEOUS
PARKWAY TREES
B N S F R R
Beresford Dr Preston DrCrooker Dr
W
illo
wL
n
Shoeger Dr
Preston Dr
PineRidgeDr SSeel
eyCtE Highland DrGalena RdP
r
e
s
t
o
n
D
r
Evans CtBig RockBlvdE MillBrook CirAllegianceCrossingShoeger CtHavenhi
l
l
CtBasswood CtG r a p e
V i n e T r l
Tuscany TrlTuscany TrlMill Rd
Mill Rd
Mill RdBrady StBissel DrW H i g h la n d D r
Engineering Enterprises, Inc.
52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 / www.eeiweb.con
GRANDE RESERVELOCATION MAP
DATE:NOVEMBER 2023United City of Yorkville651 Prairie Pointe Dr.Yorkville, IL 60560(630) 553-4350http://www.yorkville.il.us
UNIT 20
UNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOIS
CONSULTING ENGINEERS
NO.DATE REVISIONS
PROJECT NO.:YO2111
PATH:H:/GIS/PUBLIC/YORKVILLE/2021/FILE:
fffää
N O R T H
Legend
Unit 20 Boundary
H:\GIS\Public\Yorkville\2021\YO2111\YO2111_ Grande Reserve Unit 20.mxd
600 0 600300 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 #5
Tracking Number
PW 2023-93
507 W. Kendall – US Route 34 Entrance
Public Works Committee – December 19, 2023
Majority
Consideration of Approval
Consideration of Resolution
Brad Sanderson Engineering
Name Department
The developer has obtained approval from IDOT to construct the commercial access entrance
and other related improvements per the attached plans. We have also reviewed the plans and
note that all comments have been addressed.
Construction may proceed once all forms are executed and the bonds and insurance certificates
are provided.
One of the requirements in finalizing the permit is that City approve the attached resolution and
sign the Municipal Acknowledgement form.
We support the execution of both documents.
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: December 1, 2023
Subject: 507 W. Kendall – US Rt 34 Entrance
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 #6
Tracking Number
PW 2023-94
Route 47 Water Main Relocation Agreement – Water Park to Bertram Drive
Public Works Committee – December 19, 2023
Majority
Approval
Please see the attached memo.
Bart Olson Administration
Name Department
Summary
Consideration of a design engineering contract with EEI for watermain relocation at
Route 47 and Waterpark Way, caused by the upcoming Rt 47 expansion project and funded by
IDOT.
Background
This item was last discussed at the November Public Works Committee meeting. At that
meeting, the committee reviewed the status of the upcoming Route 47 expansion projects,
including a few areas throughout town which will require the City to move utilities to
accommodate the IDOT projects. To recap, some of these relocations will be paid for by IDOT
(but completed by the City) and some may result in the City paying for the relocation. One of
the IDOT-funded watermain relocations is in the area of Route 47, Galena Rd, and Waterpark
Way (previous memo and map attached). In order to complete the watermain relocation prior to
the beginning of the Route 47 expansion project, the City needs to move forward with designing
and moving the watermain relocation immediately. Accordingly, EEI has prepared a design
engineering contract for this work.
The attached design engineering contract is for a fixed cost of $81,414. While this
contract must be executed and paid for by the City, IDOT is expected to reimburse the City for
100% of this cost. That reimbursement will be formally secured with an updated memorandum
of understanding (MOU) between the City and IDOT in the next few months.
Recommendation
The staff is comfortable with recommending authorization of the design engineering
agreement with EEI, even if a formal commitment from IDOT for reimbursement of these costs
has not been secured. If the City Council agrees, we would recommend authorizing the contract
and beginning the design work. Alternatively, we could approve this design engineering contract
contingent upon approval of the revised MOU with IDOT. We think we could delay the design
engineering work through February with little risk to causing a broader delay, although
authorizing the agreement now would allow us to proceed with no risk in causing a broader
delay.
Memorandum
To: City Council
From: Bart Olson, City Administrator
CC:
Date: December 14, 2023
Subject: Rt 47 and Waterpark Way watermain relocation – design
engineering
UNITED CITY OF YORKVILLE ROUTE 47 WATER MAIN RELOCATION – WATER PARK WAY TO BERTRAM DRIVE
PAGE 1
Agreement for Professional Services
Route 47 Water Main Relocation – Water Park Way to Bertram Drive 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: The Engineer shall furnish the necessary personnel, materials, equipment and expertise to make the necessary investigations, analysis and calculations along with exhibits, cost estimates and narrative, to complete all necessary engineering services to the City as indicated on the included Attachment A. Design engineering will be provided for approximately 2,600 linear feet of water main improvements (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 Contractor shall be compensated for all work performed for the City prior to termination.
C. Compensation and maximum amounts due to Contractor: 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 $81,414, of which direct expenses are estimated at $8,250. 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, Contractor, 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.
UNITED CITY OF YORKVILLE ROUTE 47 WATER MAIN RELOCATION – WATER PARK WAY TO BERTRAM DRIVE
PAGE 2
E. Ownership of Records and Documents: Contractor agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. Contractor 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, Contractor agrees to return all such materials to the City. The City agrees not to modify any original documents produced by Contractor without contractors consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER’s sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER’s sole risk and without legal liability to the ENGINEER.
F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kane County, Illinois.
G. Independent Contractor: Contractor shall have sole control over the manner and means of providing the work and services performed under this agreement. The City’s relationship to the Contractor under this agreement shall be that of an independent contractor. Contractor 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).
UNITED CITY OF YORKVILLE ROUTE 47 WATER MAIN RELOCATION – WATER PARK WAY TO BERTRAM DRIVE
PAGE 3
Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony. Barred from Contracting: The Contractor certifies that it has not been barred from contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois Compiled Statutes 5/33E or similar law of another state. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment under the Contract, all books and records relating to the performance of the Contract and necessary to support amounts charged to the City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City and the Illinois Auditor General. If this Contract is funded from contract/grant funds provided by the 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
UNITED CITY OF YORKVILLE ROUTE 47 WATER MAIN RELOCATION – WATER PARK WAY TO BERTRAM DRIVE
PAGE 4
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: Contractor 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 Contractor or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of Contractor 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 contractor agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied)
K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attached Exhibits. Except for those terms included on the Exhibits, no additional terms are
UNITED CITY OF YORKVILLE ROUTE 47 WATER MAIN RELOCATION – WATER PARK WAY TO BERTRAM DRIVE
PAGE 5
included as a part of this agreement. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of Attachments are as follows:
Attachment A: Standard Terms and Conditions Attachment B: Scope of Services
Attachment C: Estimated 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 United City of Yorkville: For the Contractor: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 651 Prairie Pointe 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
ENGINEERING ENTERPRISES, INC. JUNE 2023
PAGE 1
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
ENGINEERING ENTERPRISES, INC. JUNE 2023
PAGE 2
profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project.
Termination: This Agreement may be terminated for convenience, without cause, upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation as set forth in the Professional Services Agreement for all costs incurred through the date of termination.
Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days’ written notice for the following reasons:
(a) Substantial failure by the other party to comply with or perform in accordance with the terms of the Agreement and through no fault of the terminating party;
(b) Assignment of the Agreement or transfer of the project without the prior written consent of the other party;
(c) Suspension of the project or the ENGINEER’S services by the OWNER for a period of greater than ninety (90) calendar days, consecutive or in the aggregate.
(d) Material changes in the conditions under which this Agreement was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes.
Payment of Invoices: Invoices are due and payable within 30 days of receipt unless otherwise agreed to in writing.
Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the OWNER or the ENGINEER. The ENGINEER’S services under this Agreement are being performed solely and exclusively for the OWNER’S benefit, and no other party or entity shall have any claim against the ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, vendors and other entities involved in this Project to carry out the intent of this provision.
Force Majeure: Each Party shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and the nonperforming party promptly provides notice of such prevention to the other party. Such excuse shall be continued so long as the condition constituting force majeure continues. The party affected by such force majeure also shall notify the other party of the anticipated duration of such force majeure, any actions being taken to avoid or minimize its effect after such occurrence, and shall take reasonable efforts to remove the condition constituting such force majeure. For purposes of this Agreement, “force majeure” shall include conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer.
Additional Terms or Modification: All prior understandings and agreements between the parties are merged into this Agreement, and this Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by both parties. In the event that any provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties.
Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under or interest in this Agreement without the prior written consent of the other party. Subcontracting normally contemplated by the ENGINEER shall not be considered an assignment for purposes of this Agreement.
Waiver: A party’s waiver of, or the failure or delay in enforcing any provision of this Agreement shall not constitute a waiver of the provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement.
Attorney’s Fees: In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover from the other all costs and expenses including without limitation the reasonable fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the Court may adjudge reasonable.
Fiduciary Duty: Nothing in this Agreement is intended to create, nor shall it be construed to create, a fiduciary duty owed to either party to the other party. EEI makes no warranty, express or implied, as to its professional services rendered.
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.
Rt 47 Water Main Relocation – Water Park Way to Bertram Drive
United City of Yorkville, IL
Professional Services Agreement - Design Engineering
Attachment B – Scope of Services
DESIGN ENGINEERING
2.1 Project Management and Administration
• Budget Tracking
• Management of Personnel and the Engineering Contract
• Coordination with the City and Other Regulatory Agencies (IEPA)
2.2 Project Meetings
• Project Kick-Off Meeting Between the City and EEI
• One (1) Design Progress Meeting Between the City and, EEI prior to Bidding
• One (1) Design Meeting Between the City, IDOT, and EEI prior to Bidding.
2.3 Topographic Survey
• Field Survey
• Drafting to Create Base File
2.4 Utility Coordination
• Design JULIE
• Plan Submission and Coordinate with Private Utilities
2.5 Final Plans, Specifications and Estimates
• Preparation of 60%, 90%, and 100% Engineering Plans
• Preparation of 90% and 100% Project Manual and Engineer’s Opinion of Probable Construction Cost.
Project Manual Shall Include Bidding and Contract Documents, General Conditions, and Special
Provisions.
2.6 Permits
• Prepare IEPA Documentation for CCDD Management of Soils
• Prepare IEPA Construction Permit Application and Acquire Permit
2.7 Bidding and Contracting
• Prepare Bidders List and Ad for Bid
• Submit Ad for Bid to the Local Paper and Post Bidding Documents on QuestCDN
• Address Bid Questions and Prepare Addenda
• Attend Bid Opening
• Prepare Bid Tab, Bid Summary, and Recommendation of Award
• Execute Contract Documents
The following scope of services will be provided by EEI’s Subconsultant:
Rubino Engineering – Environmental Assessment
The above scope for “Rt 47 Water Main Relocation – Water Park Way to Bertram Drive” 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 BYRt 47 Water Main Relocation - Water Park Way to Bertram DriveROLE PIC PM SPE 2 PE SPM SPT 2 PT SPT 2 SPT 1 ADMINRATE $239 $204 $192 $162 $227 $167 $135 $167 $156 $70PROJECT ADMINISTRATION2.1 Project Management and Administration 2 16 10 - - - - - - - 28 5,662$ 2.2 Project Meetings 5 6 10 - - - - - - - 21 4,339$ 2.3 Topographic Survey - - - - 15 12 12 - - - 39 7,029$ 2.4 Utility Coordination - 1 10 - - - - - - - 11 2,124$ 2.5 Final Plans, Specifications, and Estimates 8 24 65 65 - - - 15 75 - 252 44,023$ 2.6 Permits - 4 20 - - - - - - - 24 4,656$ 2.7 Bidding and Contracting 1 6 10 9 - - - - - 7 33 5,331$ Insert Task Subtotal: 16 57 125 74 15 12 12 15 75 7 - 408 73,164$ 16 57 125 74 15 12 12 15 75 7 - 408 73,164 DIRECT EXPENSESMileage = -$ Printing = 250$ Material Testing = -$ Environmental Assessment = 8,000$ DIRECT EXPENSES = 8,250$ LABOR SUMMARYEEI Labor Expenses = 73,164$ TOTAL LABOR EXPENSES73,164$ TOTAL COSTS 81,414$ 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 YorkvilleYO2343PROJECT TITLEDATE PREPARED BYRt 47 Water Main Relocation - Water Park Way to Bertram DriveKDWJUNE 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 DESCRIPTION11/10/232023 2024
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Engineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700
Legend
Water Main Replacement Relocation
!(VALVE
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Water Main
UNKNOWN WATER MAIN
Diameter
3" WATER MAIN AND SMALLER
4" WATER MAIN
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8" WATER MAIN
10" WATER MAIN
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ROUTE 47 WATER MAIN RELOCATIONLOCATION MAP
www.eeiweb.com
DATE:
PROJECT NO.:
FILE:
PATH:
BY:
NOVEMBER 2023
YO1103
YO1103_2024 Water MaiN Contract 62M7. MXD
H:\GIS\PUBLIC\YORKVILLE\2011\
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
This memo is to provide an update for the proposed Rt 47 improvements by IDOT. IDOT is
planning the following projects:
Yorkville to Sugar Grove ($110M)
This project is proposed to be broken into three separate construction contracts as follows:
Kennedy Road to Water Park Way (Yorkville)
Water Park Way to Jericho Road (Yorkville)
Jericho Road to Cross Street
Final Plans are being developed for each section and have been submitted to the City for review.
Construction schedules are currently being developed but could begin as early as late 2024.
Soon, IDOT will be providing agreements for the City to consider and approve to finalize the
breakdown of costs and maintenance expectations.
Attached are high level exhibits that depict the proposed locations of grassed medians, shared-
use paths and traffic signals.
In addition, we have identified several sections of conflicts with the City’s water main and
sanitary sewer infrastructure. In areas where the City has existing easements, the relocation cost
will be paid for by IDOT. In the other areas that are within existing IDOT row, the cost will
most likely have to be borne by the City. The area near the Wrigley facility would fall into this
category.
Caton Farm Road to Rt 71 ($42M)
Final Plans are being developed and have been submitted to the City for review. Construction
schedule is currently being developed but could begin as early as late 2024.
Soon, IDOT will be providing an agreement for the City to consider and approve to finalize the
breakdown of costs and maintenance expectations.
Attached are high level exhibits that depict the proposed locations of grassed medians, shared-
use paths and traffic signals.
In addition, we have identified several sections of conflicts with the City’s water main
infrastructure. It is likely that the cost will have to be borne by the City since the water main was
constructed with existing IDOT row.
Memorandum
To: Bart Olson, City Administrator
From: Brad Sanderson, EEI
CC: Eric Dhuse, Director of Public Works
Rob Fredrickson, Finance Director
Jori Behland, City Clerk
Date: November 14, 2023
Subject: Rt 47 Improvements
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Engineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6756
IDOT CONTRACT - 62M7 WATER MAIN LOCATION MAPwww.eeiweb.com
DATE:
PROJECT NO.:
FILE:
PATH:
BY:
OCTOBER 2023
YO1103
H:\GIS \PUBLIC\YORKVILLE\2011\
MJT ³United City of Yorkville
651 Prairie Pointe Dr.Yorkville, IL 60560
800 0400 Feet
Legend
!(VALVE
GF HYDRANTWater MainUNKNOWN WATER MAINDiameter3" WATER MAIN AND SMALLER4" WATER MAIN6" WATER MAN8" WATER MAIN10" WATER MAIN12" WATER MAIN16" WATER MAIN
YO1103-IDOT Contract 62M7 Water Main Potential Relocation
WATER MAINTO BE RELOCATED(2,600 FT ~ $780,000)
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 2023-95
Center Street Water Main Extension Agreement
Public Works Committee – December 19, 2023
Majority
Approval
Please see the attached memo.
Bart Olson Administration
Name Department
Summary
Consideration of a design engineering contract with EEI for a watermain extension near
Center Street for the YBSD plant expansion.
Background
YBSD is currently expanding their main facility to the west of their existing facility, and
will need a new watermain extended from the western terminus of W Center Street south to the
new YBSD facility entrance on River Road. This proposed watermain extension is needed by
YBSD before September 2024, and so we are proposing to begin the design work now to
complete the project according to YBSD’s timelines. YBSD is responsible for paying for the
design and construction cost of this watermain extension, and is drafting an intergovernmental
agreement (IGA) which will secure that funding commitment. We expect the IGA to be
complete in January for City Council review in January/February. In order to meet the required
timelines, EEI has prepared a design engineering contract for this work.
The attached design engineering contract is for a fixed cost of $96,990. While this
contract must be executed and paid for by the City, YBSD is expected to reimburse the City for
100% of this cost.
Recommendation
The staff is comfortable with recommending authorization of the design engineering
agreement with EEI, even if a formal commitment from YBSD for reimbursement of these costs
has not been secured. If the City Council agrees, we would recommend authorizing the contract
and beginning the design work. Alternatively, we could approve this design engineering contract
contingent upon approval of the IGA with YBSD. We think we could delay the design
engineering work through February with little risk to the deadline.
Memorandum
To: City Council
From: Bart Olson, City Administrator
CC:
Date: December 14, 2023
Subject: Center Street
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Engineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700
ATTACHMENT EPROJECT LIMITS
www.eeiweb.com DATE
DATE:
PROJECT NO.:
FILE:
PATH:
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December 2023
YO2104
H:\GIS\PUBLIC\YORKVILLE\2022\
MJT
NO.REVISIONS ³United City of Yorkville
651 Prairie Pointe DrYorkville, IL 60560
www.yorkville.il.us
400 0200 Feet
Legend
UNKNOWN WATER MAIN
3" WATER MAIN AND SMALLER
4" WATER MAIN6" WATER MAN
8" WATER MAIN
10" WATER MAIN
12" WATER MAIN
16" WATER MAIN
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YO2104_YBSD Center Street W.M Exhibit Attachment E
PROPOSED 12" WATER MAIN(INCLUDED IN CONTRACT A)
PROPOSED 12"WATER MAIN
CENTER STREET WATER MAIN EXHIBIT
YBSD
UNITED CITY OF YORKVILLE CENTER STREET WATER MAIN EXTENSION
PAGE 1
Agreement for Professional Services
Center Street Water Main Extension 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: The Engineer shall furnish the necessary personnel, materials, equipment and expertise to make the necessary investigations, analysis and calculations along with exhibits, cost estimates and narrative, to complete all necessary engineering services to the City as indicated on the included Attachment A. Design engineering will be provided for approximately 1,500 linear feet of water main improvements on Center Street extending to the future YBSD expansion location on River Street. (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 Contractor shall be compensated for all work performed for the City prior to termination.
C. Compensation and maximum amounts due to Contractor: Contractor 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 B. Design Engineering will be paid for as a Fixed Fee (FF) in the amount of $96,990. 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, Contractor, 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.
UNITED CITY OF YORKVILLE CENTER STREET WATER MAIN EXTENSION
PAGE 2
E. Ownership of Records and Documents: Contractor agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. Contractor 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, Contractor agrees to return all such materials to the City. The City agrees not to modify any original documents produced by Contractor without contractors consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER’s sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER’s sole risk and without legal liability to the ENGINEER.
F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kane County, Illinois.
G. Independent Contractor: Contractor shall have sole control over the manner and means of providing the work and services performed under this agreement. The City’s relationship to the Contractor under this agreement shall be that of an independent contractor. Contractor 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).
UNITED CITY OF YORKVILLE CENTER STREET WATER MAIN EXTENSION
PAGE 3
Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony. Barred from Contracting: The Contractor certifies that it has not been barred from contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois Compiled Statutes 5/33E or similar law of another state. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment under the Contract, all books and records relating to the performance of the Contract and necessary to support amounts charged to the City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City and the Illinois Auditor General. If this Contract is funded from contract/grant funds provided by the 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
UNITED CITY OF YORKVILLE CENTER STREET WATER MAIN EXTENSION
PAGE 4
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: Contractor 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 Contractor or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of Contractor 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 Contractor agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied)
K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attached Exhibits. Except for those terms included on the Exhibits, no additional terms are
UNITED CITY OF YORKVILLE CENTER STREET WATER MAIN EXTENSION
PAGE 5
included as a part of this agreement. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of Attachments are as follows: Attachment A: Standard Terms and Conditions Attachment B: Scope of Services
Attachment C: Estimated Level of Effort and Associated Cost Attachment D: Estimated Project 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 United City of Yorkville: For the Contractor: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 651 Prairie Pointe Sugar Grove Illinois 60554 Yorkville, IL 60560 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. Agreed to this ___day of _________, 2020. United City of Yorkville: Engineering Enterprises, Inc.: ___________________________ _____________________________ John Purcell Brad Sanderson, PE Mayor Chief Operating Officer / President ___________________________ ____________________________ Jori Behland Angie Smith City Clerk Executive Assistant
ENGINEERING ENTERPRISES, INC. JUNE 2023
PAGE 1
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
ENGINEERING ENTERPRISES, INC. JUNE 2023
PAGE 2
profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project.
Termination: This Agreement may be terminated for convenience, without cause, upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation as set forth in the Professional Services Agreement for all costs incurred through the date of termination.
Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days’ written notice for the following reasons:
(a) Substantial failure by the other party to comply with or perform in accordance with the terms of the Agreement and through no fault of the terminating party;
(b) Assignment of the Agreement or transfer of the project without the prior written consent of the other party;
(c) Suspension of the project or the ENGINEER’S services by the OWNER for a period of greater than ninety (90) calendar days, consecutive or in the aggregate.
(d) Material changes in the conditions under which this Agreement was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes.
Payment of Invoices: Invoices are due and payable within 30 days of receipt unless otherwise agreed to in writing.
Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the OWNER or the ENGINEER. The ENGINEER’S services under this Agreement are being performed solely and exclusively for the OWNER’S benefit, and no other party or entity shall have any claim against the ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, vendors and other entities involved in this Project to carry out the intent of this provision.
Force Majeure: Each Party shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and the nonperforming party promptly provides notice of such prevention to the other party. Such excuse shall be continued so long as the condition constituting force majeure continues. The party affected by such force majeure also shall notify the other party of the anticipated duration of such force majeure, any actions being taken to avoid or minimize its effect after such occurrence, and shall take reasonable efforts to remove the condition constituting such force majeure. For purposes of this Agreement, “force majeure” shall include conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer.
Additional Terms or Modification: All prior understandings and agreements between the parties are merged into this Agreement, and this Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by both parties. In the event that any provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties.
Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under or interest in this Agreement without the prior written consent of the other party. Subcontracting normally contemplated by the ENGINEER shall not be considered an assignment for purposes of this Agreement.
Waiver: A party’s waiver of, or the failure or delay in enforcing any provision of this Agreement shall not constitute a waiver of the provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement.
Attorney’s Fees: In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover from the other all costs and expenses including without limitation the reasonable fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the Court may adjudge reasonable.
Fiduciary Duty: Nothing in this Agreement is intended to create, nor shall it be construed to create, a fiduciary duty owed to either party to the other party. EEI makes no warranty, express or implied, as to its professional services rendered.
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.
UNITED CITY OF YORKVILLE, IL CENTER STREET WATER MAIN EXTENSION
PAGE 1
Center Street Water Main Extension
United City of Yorkville, IL
Professional Services Agreement - Design Engineering
Attachment B – Scope of Services
DESIGN ENGINEERING
2.1 Project Management and Administration
• Budget Tracking
• Management of Personnel and the Engineering Contract
• Coordination with the City and Other Regulatory Agencies (IEPA, USACE, IDNR)
• Coordination with YBSD
• Coordination with IDOT
2.2 Project Meetings
• Project Kick-Off Meeting Between the City, YBSD, and EEI
• One (1) Design Progress Meeting Between the City and, EEI prior to Bidding
• One (1) Design Meeting Between the City, YBSD, and EEI prior to Bidding.
2.3 Topographic Survey
• Field Survey
• Drafting to Create Base File
2.4 Utility Coordination
• Design JULIE
• Plan Submission and Coordinate with Private Utilities
2.5 Final Plans, Specifications and Estimates
• Preparation of 60%, 90%, and 100% Engineering Plans
• Preparation of 90% and 100% Project Manual and Engineer’s Opinion of Probable Construction Cost. Project Manual Shall Include Bidding and Contract Documents, General Conditions, and Special Provisions
2.6 Permits
• Prepare IEPA Documentation for CCDD Management of Soils
• Prepare IEPA Construction Permit Application and Acquire Permit
• Coordinate USACE Permit
• Coordinate IDNR Permit
2.7 Bidding and Contracting
• Prepare Bidders List and Ad for Bid
• Submit Ad for Bid to the Local Paper and Post Bidding Documents on QuestCDN
• Address Bid Questions and Prepare Addenda
• Attend Bid Opening
• Prepare Bid Tab, Bid Summary, and Recommendation of Award
• Execute Contract Documents
ATTACHMENT C: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COSTPROFESSIONAL ENGINEERING SERVICES CLIENT United City of YorkvillePROJECT TITLEPREPARED BYCenter Street Water Main ExtensionROLE PIC PM SPE 2 PE SPM SPT 2 ST PM SPT 1 ADMINRATE $239 $204 $192 $162 $227 $167 $135 $167 $156 $70PROJECT ADMINISTRATION2.1 Project Management and Administration - 18 2 - - - - - - - 20 4,056$ 2.2 Project Meetings 6 6 12 - - - - - - - 24 4,962$ 2.3 Topographic Survey - - - - 14 32 5 - - - 51 9,197$ 2.4 Utility Coordination - - 3 - - - - - - - 3 576$ 2.5 Final Plans, Specifications, and Estimates 4 26 120 - - - - 20 80 - 250 45,120$ 2.6 Permits - 18 21 1 - - - 4 8 - 52 9,782$ 2.7 Bidding and Contracting - 9 10 8 - - - - - 6 33 5,472$ Insert Task Subtotal: 10 77 168 9 14 32 5 24 88 6 - 433 79,165$ 10 77 168 9 14 32 5 24 88 6 - 433 79,165 DIRECT EXPENSESMileage = -$ Printing = 125$ Wetland Delineation = 9,750$ Environmental Assessment = 7,950$ DIRECT EXPENSES = 17,825$ LABOR SUMMARYEEI Labor Expenses = 79,165$ TOTAL LABOR EXPENSES79,165$ TOTAL COSTS 96,990$ 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 YorkvilleYO2337PROJECT TITLEDATE PREPARED BYCenter Street Water Main ExtensionKDWJUNE JULYAUG SEP 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 DESCRIPTION11/10/232023 2024
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W Main St
Enginee ring Ente rprise s, Inc.52 Wheeler RoadSugar Gro ve, Illinois 60 55 4(630) 466-6700
ATTACHMENT EPROJECT LIMITS
www.eeiweb.com DATE
DATE:
PROJECT NO.:
FILE:
PATH:
BY:
JUNE 2023
YO2104
H:\GIS\PUBLIC\YORKVILLE\2022\
MJT
NO.REVISIONS ³United City of Yorkville800 Gam e F arm R oadYorkville, IL 60560630-553-4350www.y orkv ille.il.us
400 0200 Feet
Legend
UNKNOWN WATER MAIN3" WAT ER MAIN AND SMALLE R4" WAT ER MAIN6" WAT ER MAN8" WAT ER MAIN10" WATER MAIN12" WATER MAIN16" WATER MAIN
!(VALVE
GF HYDRANT
YO2104_YBSD Center Street W.M Exhibit Attachment E
PROPOSED 12" WATER MAIN
PROPOSED 12"WATER MAIN
CENTER STREET WATER MAIN EXHIBIT
YBSD
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 #8
Tracking Number
PW 2023-96
Lake Michigan Allocation Permit – Engineering Work – Change Order No. 1
Public Works Committee – December 19, 2023
Majority
Approval
Please see the attached memo.
Bart Olson Administration
Name Department
Summary
Consideration of a change order with EEI for the Lake Michigan allocation permit work.
Background
This item was last discussed by the City Council in January 2022, when the City Council
approved an engineering agreement with EEI for work related to acquiring a Lake Michigan
allocation permit. With final approval of the permit expected from IDNR by the end of the
calendar year, EEI has tallied up their hours spent on the permit work. Brad Sanderson has sent
me an email (attached) itemizing around $18,000 in additional cost over the original contract and
motion approved by City Council for ~$88,000. In general, the multiple hearings and versions of
the application required by IDNR resulted many more hours of work than originally estimated by
EEI and approved by the City. Since the City approved a motion for the contract which included
total estimate and paid out on hourly work, we are bringing this true-up/change-order forward for
City Council consideration.
Recommendation
Staff recommends approval of the change order with EEI for the Lake Michigan
allocation permit work in the amount of $18,288.
Memorandum
To: City Council
From: Bart Olson, City Administrator
CC:
Date: December 14, 2023
Subject: Lake Michigan allocation permit – engineering agreement
change order
1
Bart Olson
From:Brad Sanderson <bsanderson@eeiweb.com>
Sent:Thursday, November 9, 2023 4:01 PM
To:Bart Olson
Cc:Rob Fredrickson
Subject:LM Allocation Application
Good afternoon Bart,
As you know, we appear to be at the end of the allocation application process. During the process, we incurred extra
expenses outside of our original scope as it related to the Non‐revenue Water Reduction Plan.
They are summarized as follows:
Non‐revenue Water (NRW) Reduction Plan / Water System Improvement Plan Preparation
Budget Review
Original Budget: $13,992
Amount Spent: $32,777
Over / (Under) Budget: $18,785
Contracted Scope Work Items
Summarize Historical Water Loss Audit Results
Summarize NRW Reduction Strategies and Actions
Define NRW Reduction Implementation Schedule
Report Review & Finalization
Additional Scope Work Items
The original scope of service included the development of one NRW Reduction Plan. Based on feedback
from IDNR and additional scrutiny, there were multiple revisions required. This was in effort to show a
commitment to get below 10% water loss.
There were several additional meetings as part of the revised NRW Reduction Plan strategy development
process.
During the additional evaluation of NRW reduction strategies, there was a significant amount of work to
determine which water main was pre‐1970 and then cost estimates were developed to determine the cost
to replace them. Water main break analysis was also required by the IDNR.
A presentation that summarized IDNR’s demands and the recommended NRW reduction program was
developed and presented to the City Council.
Direct Expenses
Budget Review
Original Budget: $4,350
Amount Spent: $8,050
Over / (Under) Budget: $3,700
Contracted Scope Work Items
Estimated printing and postage for two submittals to the IDNR
Additional Scope Work Items
Printing and postage for one additional submittal to the IDNR
There were two line items where we came in below estimate for a total of $4,197.
Therefore we are requesting consideration for the following:
2
Non‐revenue and Direct Expenses $22,485
Credit ($4,197)
Total 18,288
The original contract ($88,800) was based on an estimate for time and materials. If you are in agreement with the
above, we would bill no higher than $107,088.
If you need additional detail, we certainly can provide.
This was an item that was forecasted and noted in the CIP. I believe Rob had budgeted accordingly.
We appreciate your consideration.
Thanks.
BRADLEY P. SANDERSON
, PE
Chief Operating Officer / President
bsanderson@eeiweb.com
Direct: 630.466.6720 / Cell: 630.816.0957 / Main: 630.466.6700
52 Wheeler Rd , Sugar Grove , IL 60554
eeiweb.com
This message may contain confidential information and is intended only for the original recipient. The views or opinions
presented in this message are solely those of the sender and do not necessarily represent those of the company, unless
specifically stated. If you are not the intended recipient you should not disseminate, distribute or copy this message. If
verification is required please request a hard‐copy version. Engineering Enterprises, Incorporated 52 Wheeler Road,
Sugar Grove, IL., 60554 Warning: This message was scanned for viruses, vandals and malicious content. However, we
cannot guarantee that the integrity of this e‐mail has been maintained in transmission and do not accept responsibility
for the consequences of any virus contamination.
To: United City of Yorkville Change Order Number: 1
651 Prairie Pointe Drive Change Order Date: November 27, 2023
Yorkville, IL 60560
Project Name: Lake Michigan Allocation
Permit Application
Project Number: YO2150-P
Contact Person: Bart Olson, City Administrator
Description of Work / Scope Change / Reason for Change Value of Change (Amount)
Revisions to NRW Reduction / Water System Improvement Plan per IDNR $18,288.00 LS
• Additional meetings as part of the Revised NRW Reduction Plan strategy development process
• Determination of water main(s) pre-1970 and development of cost estimates for replacement of old water
mains
• Water main break analysis
• Preparation and presentation at City Council of IDNR’s demands and the recommended NRW Reduction
Program
Original Contract Value $ 88,800.00
Net change by previous authorized Change Orders $ 0.00
Contract Value prior to the Change Order $ 88,800.00
Value of this Change Order $ 18,288.00
New Contract Value $ 107,088.00
Authorized by: Authorized by Owner/Client/Agent:
Engineering Enterprises, Inc. United City of Yorkville
52 Wheeler Road 651 Prairie Pointe Drive
Sugar Grove, IL 60554 Yorkville, IL 60560
By: Brad Sanderson By:____________________________
Date:___________________________ Date:___________________________
CHANGE ORDER
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
Public Works Committee #3
Tracking Number
PW 2021-74
Lake Michigan Allocation – Engineering Agreement
City Council – January 11, 2022
PW – 12/16/21
Moved forward to City Council agenda.
PW 2021-74
Majority
Approval
Bart Olson Administration
Name Department
Packet materials from 1/22/22 CC meeting
Summary
Consideration of an engineering agreement with EEI for assistance with the City’s Lake
Michigan allocation permit application.
Background
This item was reviewed by the Public Works Committee the December 21, 2021 meeting,
and recommended it for approval. In general, this is an engineering agreement covering EEI’s
time gathering materials and participating in the City’s upcoming application into the IDNR for a
Lake Michigan water allocation permit. This is one of the components of the City Council’s
approval of Lake Michigan as a preferred water source.
The work is expected to be complete throughout 2022, hopefully culminating in an
approved allocation permit by the IDNR in late 2022. As a point of reference, EEI just
participated in Joliet’s successful Lake Michigan allocation permit. The City is working with
Oswego and Montgomery staff, including shared attorney Irene Caminer, on this process.
Attorney Caminer’s fees will be separate from this EEI agreement and are unspecified at this
time.
Recommendation
Staff recommends approval of the engineering agreement with EEI for assistance with the
City’s Lake Michigan allocation permit application.
Memorandum
To: City Council
From: Bart Olson, City Administrator
CC:
Date: January 6, 2022
Subject: Lake Michigan allocation permit – engineering agreement
Agreement for Professional Services
United City of Yorkville, Kendall County, IL
Lake Michigan Allocation Permit Application
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:
The Engineer shall furnish the necessary personnel, materials, equipment and expertise to
make the necessary investigations, analysis and calculations along with exhibits, cost
estimates and narrative, to complete all necessary engineering services to the City as
indicated on the included Attachment B. Services to be provided include engineering
services for the Lake Michigan Allocation Permit Application as indicated on Attachment
C.
B. Term:
Services will be provided beginning on the date of execution of this agreement and
continuing, until terminated by either party upon 7 days written notice to the non-
terminating party or upon completion of the Services. Upon termination the Contractor
shall be compensated for all work performed for the City prior to termination.
C. Compensation and maximum amounts due to Contractor:
Contractor shall receive as compensation for all work and services to be performed herein
based on a time and material basis. The Estimate of Level of Effort and Associated Cost,
included as Attachment C, suggests the budget for the Contractor’s services to be
$88,800. 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,
Contractor, on or before February 1st of every given year, shall provide written notice of
any change in the rates specified in Attachment C hereof (or on any attachments hereto)
and said changes shall only be effective on and after May 1st of that same year.
E. Ownership of Records and Documents:
Contractor agrees that all books and records and other recorded information developed
specifically in connection with this agreement shall remain the property of the City.
Contractor 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, Contractor
agrees to return all such materials to the City. The City agrees not to modify any original
documents produced by Contractor 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:
Contractor shall have sole control over the manner and means of providing the work and
services performed under this agreement. The City’s relationship to the Contractor under
this agreement shall be that of an independent contractor. Contractor will not be
considered an employee to the City for any purpose.
H. Certifications:
Employment Status: The Contractor certifies that if any of its personnel are an employee
of the State of Illinois, they have permission from their employer to perform the service.
Anti-Bribery: The Contractor certifies it is not barred under 30 Illinois Compiled Statutes
500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery
or attempted bribery of an officer or employee of the State of Illinois or any other state.
Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not
in default for a period of six months or more in an amount of $600 or more on the
repayment of any educational loan guaranteed by the Illinois State Scholarship
Commission made by an Illinois institution of higher education or any other loan made
from public funds for the purpose of financing higher education (5 ILCS 385/3).
Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois
Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any
agency as a result of being convicted of a felony.
Barred from Contracting: The Contractor certifies that it has not been barred from
contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois
Compiled Statutes 5/33E or similar law of another state.
Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug
Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this
contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or
more employees certify and agree to take steps to ensure a drug free workplace by
informing employees of the dangers of drug abuse, of the availability of any treatment or
assistance program, of prohibited activities and of sanctions that will be imposed for
violations; and that individuals with contracts certify that they will not engage in the
manufacture, distribution, dispensation, possession, or use of a controlled substance in
the performance of the contract.
Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor
agrees to comply with applicable provisions of the Illinois Human Rights Act (775
Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities
Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The
equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights
Rules is specifically incorporated herein. The Contractor shall comply with Executive
Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order
11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R.
Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under
this Contract.
International Boycott: The Contractor certifies that neither it nor any substantially owned
affiliated company is participating or shall participate in an international boycott in
violation of the provisions of the U.S. Export Administration Act of 1979 or the
regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS
582).
Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the
Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of
the date of completion of this Contract or the date of final payment under the Contract, all
books and records relating to the performance of the Contract and necessary to support
amounts charged to the City under the Contract. The Contract and all books and records
related to the Contract shall be available for review and audit by the City and the Illinois
Auditor General. If this Contract is funded from contract/grant funds provided by the
U.S. Government, the Contract, books, and records shall be available for review and
audit by the Comptroller General of the U.S. and/or the Inspector General of the federal
sponsoring agency. The Contractor agrees to cooperate fully with any audit and to
provide full access to all relevant materials.
United States Resident Certification: (This certification must be included in all contracts
involving personal services by non-resident aliens and foreign entities in accordance with
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:
Contractor 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
Contractor or its Subcontractors, or due to or arising in any manner from the wrongful
act or negligence of Contractor 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 contractor agrees that it has either attached a copy of all required insurance
certificates or that said insurance is not required due to the nature and extent of the types
of services rendered hereunder. (Not applicable as having been previously supplied).
K. Additional Terms or Modification:
The terms of this agreement shall be further modified as provided on the attached
Exhibits. Except for those terms included on the Exhibits, no additional terms are
included as a part of this agreement. All prior understandings and agreements between
the parties are merged into this agreement, and this agreement may not be modified orally
or in any manner other than by an agreement in writing signed by both parties. In the
event that any provisions of this agreement shall be held to be invalid or unenforceable,
the remaining provisions shall be valid and binding on the parties. The list of
Attachments are as follows:
Attachment A: Standard Terms and Conditions
Attachment B: Scope of Services
Attachment C: Estimated Level of Effort and Associated Cost
Attachment D: Anticipated Project Schedule
Attachment E: 2021 Standard Schedule of Charges
L. Notices:
All notices required to be given under the terms of this agreement shall be given mail,
addressed to the parties as follows:
For the City: For the Contractor:
City Administrator and City Clerk Engineering Enterprises, Inc.
United City of Yorkville 52 Wheeler Road
800 Game Farm Road Sugar Grove, IL 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 ____________, 2022.
United City of Yorkville Engineering Enterprises, Inc.:
_________________________________ ________________________________
John Purcell Bradley P Sanderson, P.E.
Mayor Chief Operating Officer / President
_________________________________ ________________________________
Jori Behland Jeffrey W. Freeman, P.E. CFM, LEED AP
City Clerk Chief Executive Officer
Attachment A:
STANDARD TERMS AND CONDITIONS
Agreement: These Standard Terms and Conditions, together with the Professional Services
Agreement, constitute the entire integrated agreement between the OWNER and Engineering
Enterprises, Inc. (EEI) (hereinafter “Agreement”), and take precedence over any other provisions
between the Parties. These terms may be amended, but only if both parties consent in writing.
Standard of Care: In providing services under this Agreement, the ENGINEER will
endeavor to perform in a matter consistent with that degree of care and skill ordinarily exercised
by members of the same profession currently practicing under same circumstances in the same
locality. ENGINEER makes no other warranties, express or implied, written or oral under this
Agreement or otherwise, in connection with ENGINEER’S service.
Construction Engineering and Inspection: The ENGINEER shall not supervise, direct,
control, or have authority over any contractor work, nor have authority over or be responsible for
the means, methods, techniques sequences, or procedures of construction selected or used by any
contractor, or the safety precautions and programs incident thereto, for security or safety of the
site, nor for any failure of a contractor to comply with laws and regulations applicable to such
contractor’s furnishing and performing of its work.
The ENGINEER neither guarantees the performance of any contractor nor assumes
responsibility for contractor’s failure to furnish and perform the work in accordance with the
contract documents.
The ENGINEER is not responsible for the acts or omissions of any contractor, subcontractor, or
supplies, or any of their agents or employees or any other person at the site or otherwise
furnishing or performing any work.
Shop drawing and submittal review by the ENGINEER shall apply to only the items in the
submissions and only for the purpose of assessing if upon installation or incorporation in the
project work they are generally consistent with the construction documents. OWNER agrees that
the contractor is solely responsible for the submissions and for compliance with the construction
documents. OWNER further agrees that the ENGINEER’S review and action in relation to these
submissions shall not constitute the provision of means, methods, techniques, sequencing or
procedures of construction or extend or safety programs or precautions. The ENGINEER’S
consideration of a component does not constitute acceptance of the assembled items.
The ENGINEER’S site observation during construction shall be at the times agreed upon in the
Project Scope. Through standard, reasonable means the ENGINEER will become generally
familiar with observable completed work. If the ENGINEER observes completed work that is
inconsistent with the construction documents, that information shall be communicated to the
contractor and OWNER for them to address.
Opinion of Probable Construction Costs: ENGINEER’S opinion of probable construction
costs represents ENGINEER’S best and reasonable judgment as a professional engineer.
OWNER acknowledges that ENGINEER has no control over construction costs of contractor’s
methods of determining pricing, or over competitive bidding by contractors, or of market
conditions or changes thereto. ENGINEER cannot and does not guarantee that proposals, bids or
actual construction costs will not vary from ENGINEER’S opinion of probable construction
costs.
Copies of Documents & Electronic Compatibility: Copies of Documents that may be relied
upon by OWNER are limited to the printed copies (also known as hard copies) that are signed or
sealed by the ENGINEER. Files in electronic media format of text, data, graphics, or of other
types that are furnished by ENGINEER to OWNER are only for convenience of OWNER. Any
conclusion or information obtained or derived from such electronic files will be at the user's sole
risk. When transferring documents in electronic media format, ENGINEER makes no
representations as to long term compatibility, usability, or readability of documents resulting
from the use of software application packages, operating systems, or computer hardware
differing from those used by ENGINEER at the beginning of the project.
Changed Conditions: If, during the term of this Agreement, circumstances or conditions that
were not originally contemplated by or known to the ENGINEER are revealed, to the extent that
they affect the scope of services, compensation, schedule, allocation of risks, or other material
terms of this Agreement, the ENGINEER may call for renegotiation of appropriate portions of
this Agreement. The ENGINEER shall notify the OWNER of the changed conditions
necessitating renegotiation, and the ENGINEER and the OWNER shall promptly and in good
faith enter into renegotiation of this Agreement to address the changed conditions. If terms
cannot be agreed to, the parties agree that either party has the absolute right to terminate this
Agreement, in accordance with the termination provision hereof.
Hazardous Conditions: OWNER represents to ENGINEER that to the best of its knowledge
no Hazardous Conditions (environmental or otherwise) exist on the project site. If a Hazardous
Condition is encountered or alleged, ENGINEER shall have the obligation to notify OWNER
and, to the extent of applicable Laws and Regulations, appropriate governmental officials. It is
acknowledged by both parties that ENGINEER's scope of services does not include any services
related to a Hazardous Condition. In the event ENGINEER or any other party encounters a
Hazardous Condition, ENGINEER may, at its option and without liability for consequential or
any other damages, suspend performance of services on the portion of the project affected
thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify
and, as appropriate, abate, remediate, or remove the Hazardous Condition; and (ii) warrants that
the project site is in full compliance with applicable Laws and Regulations.
Consequential Damages: Notwithstanding any other provision of this Agreement, and to the
fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective
officers, directors, partners, employees, contractors, or subcontractors shall be liable to the other
or shall make any claim for any incidental, indirect, or consequential damages arising out of or
connected in any way to the Project or to this Agreement. This mutual waiver of consequential
damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of
income, loss of reputation, or any other consequential damages that either party may have
incurred from any cause of action including negligence, strict liability, breach of contract, and
breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar
waivers of consequential damages protecting all the entities or persons named herein in all
contracts and subcontracts with others involved in this project.
Termination: This Agreement may be terminated for convenience, without cause, upon seven
(7) days written notice of either party. In the event of termination, the ENGINEER shall prepare
a final invoice and be due compensation as set forth in the Professional Services Agreement for
all costs incurred through the date of termination.
Either party may terminate this Agreement for cause upon giving the other party not less than
seven (7) calendar days’ written notice for the following reasons:
(a) Substantial failure by the other party to comply with or perform in accordance
with the terms of the Agreement and through no fault of the terminating party;
(b) Assignment of the Agreement or transfer of the project without the prior written
consent of the other party;
(c) Suspension of the project or the ENGINEER’S services by the OWNER for a
period of greater than ninety (90) calendar days, consecutive or in the aggregate.
(d) Material changes in the conditions under which this Agreement was entered into,
the scope of services or the nature of the project, and the failure of the parties to
reach agreement on the compensation and schedule adjustments necessitated by
such changes.
Payment of Invoices: Invoices are due and payable within 30 days of receipt unless otherwise
agreed to in writing.
Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual
relationship with or a cause of action in favor of a third party against either the OWNER or the
ENGINEER. The ENGINEER’S services under this Agreement are being performed solely and
exclusively for the OWNER’S benefit, and no other party or entity shall have any claim against
the ENGINEER because of this Agreement or the performance or nonperformance of services
hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts
with contractors, subcontractors, vendors and other entities involved in this Project to carry out
the intent of this provision.
Force Majeure: Each Party shall be excused from the performance of its obligations under
this Agreement to the extent that such performance is prevented by force majeure (defined
below) and the nonperforming party promptly provides notice of such prevention to the other
party. Such excuse shall be continued so long as the condition constituting force majeure
continues. The party affected by such force majeure also shall notify the other party of the
anticipated duration of such force majeure, any actions being taken to avoid or minimize its
effect after such occurrence, and shall take reasonable efforts to remove the condition
constituting such force majeure. For purposes of this Agreement, “force majeure” shall include
conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary
or involuntary compliance with any regulation, law or order of any government, war, acts of war
(whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or
default of public utilities or common carriers, destruction of production facilities or materials by
fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder
shall in no event be delayed by the payer because of a force majeure affecting the payer.
Additional Terms or Modification: All prior understandings and agreements between the
parties are merged into this Agreement, and this Agreement may not be modified orally or in any
manner other than by an Agreement in writing signed by both parties. In the event that any
provisions of this Agreement shall be held to be invalid or unenforceable, the remaining
provisions shall be valid and binding on the parties.
Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under
or interest in this Agreement without the prior written consent of the other party. Subcontracting
normally contemplated by the ENGINEER shall not be considered an assignment for purposes of
this Agreement.
Waiver: A party’s waiver of, or the failure or delay in enforcing any provision of this
Agreement shall not constitute a waiver of the provision, nor shall it affect the enforceability of
that provision or of the remainder of this Agreement.
Attorney’s Fees: In the event of any action or proceeding brought by either party against the
other under this Agreement, the prevailing party shall be entitled to recover from the other all
costs and expenses including without limitation the reasonable fees of its attorneys in such action
or proceeding, including costs of appeal, if any, in such amount as the Court may adjudge
reasonable.
Headings: The headings used in this Agreement are inserted only as a matter of convenience
only, and in no way define, limit, enlarge, modify, explain or define the text thereof nor affect
the construction or interpretation of this Agreement.
Attachment B:
SCOPE OF SERVICES
Introduction:
The United City of Yorkville, along with its Waterlink partners (Villages of Montgomery and
Oswego), have selected Lake Michigan as their long-term sustainable water source. The City
will need to secure a Lake Michigan Allocation in order to utilize it as their water source. The
City would like to proceed with an application for a Lake Michigan allocation with the ultimate
goal of receiving an allocation permit. The scope of services for this project includes the
development of the application and its supplementary components, as well as consultation
services throughout the submittal development and hearing process.
The proposed work items for this project are as follows:
PROJECT FACILITATION & STATUS REVIEW PROJECT TEAM MEETINGS
0.1 Project Administration
0.2 Data Collation & Status Review Meetings (3 Online Meetings)
0.3 Waterlink Coordination Meetings (2 Online Meetings)
0.4 Pre-Application Meeting With IDNR (Online)
APPLICATION PREPARATION
1.1 Coordinate Information Collation
1.2 Summarize Data
1.3 Input Data Into Application
1.4 Application Review & Finalization
REPORT IN SUPPORT OF APPLICATION PREPARATION
2.1 Develop Existing & Proposed Wastewater Discharge Location Map
2.2 Summarize Water Demand Projections
2.3 Summarize Existing Water Works System
2.4 Summarize Proposed System
2.5 Summarize Conservation Practices
2.6 Summary Implementation Schedule
2.7 Report Review & Finalization
NONREVENUE REDUCTION PLAN PREPARATION
3.1 Summarize Historical Water Loss Audit Results
3.2 Summarize NRW Reduction Strategies and Actions
3.3 Define NRW Reduction Implementation Schedule
3.4 Report Review & Finalization
TESTIMONY PREPARATION
4.1 Review and Edit Testimony
HEARING PROCESS
5.1 Pre-Hearing Notification
5.2 Pre-Hearing Preparation & Pre-Hearing
5.3 Application Package Revisions
5.4 Application Package Response Testimony
5.5 Hearing Preparation & Hearing
The above scope summarizes the work items that will be completed for this contract.
Additional work items, including additional meetings beyond the meetings defined in the
above scope, shall be considered outside the scope of the base contract and will be billed in
accordance with the Standard Schedule of Charges.
ATTACHMENT C: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COSTPROFESSIONAL ENGINEERING SERVICES
CLIENT PROJECT NUMBERUnited City of Yorkville YO2150-PPROJECT TITLE DATE PREPARED BYLake Michigan Allocation Permit Application
ROLE PIC PM PM PE PE GIS Tech ADMINPERSONBPSJWFMLPALIKAMMJTDRARATE$217 $217 $212 $147 $147 $100 $70
PROJECT FACILITATION & STATUS REVIEW PROJECT TEAM MEETINGS0.1 Project Administration 6 12 18 3,906$ 0.2 Data Collation & Status Review Meetings (3 Online Meetings)3 9 3 3 18 3,681$ 0.3 Waterlink Coordination Meetings (2 Online Meetings)2 4 6 1,302$ 0.4 Pre-Application Meeting With IDNR (Online)2 6 2 2 12 2,454$
Project Facilitation & Project Team Meetings Subtotal:13 31 5 5 - - - 54 11,343$
APPLICATION PREPARATION1.1 Coordinate Information Collation 2 6 6 6 20 3,890$ 1.2 Summarize Data 1 4 4 30 10 49 7,813$ 1.3 Input Data Into Application 1 4 4 20 8 37 6,049$ 1.4 Application Review & Finalization 2 6 4 6 2 20 3,606$
Application Preparation Subtotal:6 20 18 62 18 - 2 126 21,358$
REPORT IN SUPPORT OF APPLICATION PREPARATION2.1 Develop Existing & Proposed Wastewater Discharge Location Map 1 6 4 11 1,499$ 2.2 Summarize Water Demand Projections 2 6 8 1,316$ 2.3 Summarize Existing Water Works System 1 6 2 9 1,299$ 2.4 Summarize Proposed System 2 6 4 12 1,716$ 2.5 Summarize Conservation Practices 1 3 4 658$ 2.6 Summary Implementation Schedule 1 3 4 658$ 2.7 Report Review & Finalization 2 4 12 2 20 3,206$
Report in Support of Application Preparation Subtotal:2 12 - 42 - 10 2 68 10,352$
NONREVENUE REDUCTION PLAN PREPARATION3.1 Summarize Historical Water Loss Audit Results 2 4 10 16 2,752$ 3.2 Summarize NRW Reduction Strategies and Actions 2 2 6 14 4 28 4,598$ 3.3 Define NRW Reduction Implementation Schedule 2 2 6 4 14 2,728$ 3.4 Report Review & Finalization 2 2 4 14 2 24 3,914$
Nonrevenue Reduction Plan Preparation Subtotal:6 8 20 - 42 4 2 82 13,992$
TESTIMONY PREPARATION4.1 Review and Edit Testimony 4 4 4 12 2,324$
Testimony Preparation Subtotal:4 4 - 4 - - - 12 2,324$
HEARING PROCESS5.1 Pre-Hearing Notification 1 2 2 4 9 1,225$ 5.2 Pre-Hearing Preparation & Pre-Hearing 12 12 12 36 6,972$ 5.3 Application Package Revisions 2 6 16 24 4,088$ 5.4 Application Package Response Testimony 2 6 12 20 3,500$ 5.5 Hearing Preparation & Hearing 16 16 16 48 9,296$
Hearing Process Subtotal:33 42 - 58 - - 4 137 25,081$
64 117 43 171 60 14 10 479 84,450
EEI STAFF DIRECT EXPENSESBPSBradley P. Sanderson, P.E.Printing/Scanning = 250$ JWF Jeffrey W. Freeman, P.E., CFM, LEEP AP Mileage = 100$ TGH Michele Piotrowski, P.E., LEED AP Illinois State Water Survey = 4,000$ ALI Ali Ghasemmi, Ph.D, E.I.DIRECT EXPENSES =4,350$ KAM Kamelia Afshinnia, Ph.D, E.I.MJT Matthew J. Taylor LABOR SUMMARYDRADeborah R. Anderson EEI Labor Expenses = 84,450$ TOTAL LABOR EXPENSES 84,450$
TOTAL COSTS 88,800$
52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com
PROJECT TOTAL:
JWF12/16/21
COSTTASK NO.TASK DESCRIPTION HOURS
ATTACHMENT D: ESTIMATED SCHEDULE
CLIENT PROJECT NUMBERUnited City of Yorkville YO2150-PPROJECT TITLE DATE PREPARED BYLake Michigan Allocation Permit Application JWF
JAN FEB MAR APRIL MAY JUNE JULY AUG SEPT OCT NOV DEC
PROJECT FACILITATION & STATUS REVIEW PROJECT TEAM MEETINGS0.1 Project Administration0.2 Data Collation & Status Review Meetings (3 Online Meetings)0.3 Waterlink Coordination Meetings (2 Online Meetings)0.4 Pre-Application Meeting With IDNR (Online)
APPLICATION PREPARATION1.1 Coordinate Information Collation1.2 Summarize Data1.3 Input Data Into Application1.4 Application Review & Finalization
REPORT IN SUPPORT OF APPLICATION PREPARATION2.1 Develop Existing & Proposed Wastewater Discharge Location Map2.2 Summarize Water Demand Projections2.3 Summarize Existing Water Works System2.4 Summarize Proposed System2.5 Summarize Conservation Practices2.6 Summary Implementation Schedule2.7 Report Review & Finalization
NONREVENUE REDUCTION PLAN PREPARATION3.1 Summarize Historical Water Loss Audit Results3.2 Summarize NRW Reduction Strategies and Actions3.3 Define NRW Reduction Implementation Schedule3.4 Report Review & Finalization
TESTIMONY PREPARATION4.1 Review and Edit Testimony
HEARING PROCESS5.1 Pre-Hearing Notification5.2 Pre-Hearing Preparation & Pre-Hearing5.3 Application Package Revisions5.4 Application Package Response Testimony5.5 Hearing Preparation & Hearing
52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com
TASK NO.TASK DESCRIPTION
12/16/21
2022