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Public Works Packet 2024 02-20-24 AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday, February 20, 2024 6:00 p.m. East Conference Room #337 651 Prairie Pointe Drive, Yorkville, IL Citizen Comments: Minutes for Correction/Approval: January 16, 2024 New Business: 1. PW 2024-14 Snow Operations Report 2. PW 2024-15 Ashley Road Improvements – Acceptance 3. PW 2024-16 Lake Michigan Improvements – IEPA Project Plan PEID 4. PW 2024-17 2024 Local Road Program – Design Engineering Agreement 5. PW 2024-18 Well No. 10 – Contract Award 6. PW 2024-19 Well No. 10 – Construction Engineering Agreement 7. PW 2024-20 Well No. 10 Raw Water Main Improvements – Contract Award 8. PW 2024-21 Well No. 10 Raw Water Main Improvements – Construction Engineering Agreement 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, February 20, 2024 6:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. January 16, 2024 □ Approved __________ □ As presented □ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2024-14 Snow Operations Report □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2024-15 Ashley Road Improvements – Acceptance □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2024-16 Lake Michigan Improvements – IEPA Project Plan PEID □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2024-17 2024 Local Road Program – Design Engineering Agreement □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2024-18 Well No. 10 – Contract Award □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2024-19 Well No. 10 – Construction Engineering Agreement □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2024-20 Well No. 10 Raw Water Main Improvements – Contract Award □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 8. PW 2024-21 Well No. 10 Raw Water Main Improvements – Construction Engineering Agreement □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Minutes Tracking Number Minutes of the Public Works Committee – January 16, 2024 Public Works Committee – February 20, 2024 Majority Committee Approval Minute Taker Name Department DRAFT Page 1 of 3 UNITED CITY OF YORKVILLE PUBLIC WORKS COMMITTEE Tuesday, January 16, 2024, 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 Engineer Brad Sanderson, EEI Public Works Director Eric Dhuse Other Guests: Mr. Chris Hansen, Kluber Inc. Jeff Bruns, Kluber, Inc. The meeting was called to order at 6:00pm by Chairman Ken Koch. Citizen Comments: None Previous Meeting Minutes: December 19, 2023 The minutes were approved as presented on a unanimous voice vote. New Business: 1. PW 2024-01 Snow Operations Report Mr. Dhuse said he will give a full report at the next meeting as he is still collecting data following the recent snowstorms. He said over 400 manhours and 3 full crews were used to move the snow. There are currently 4 big trucks of the 9 total, that are out of service, but expected to be up and running soon. He explained some of the problems which were mainly mechanical and some due to equipment age. He said they are working with a new business that has given Public Works priority for mechanical issues and they also have a mobile unit that responds quickly. New trucks are scheduled to be delivered in March. 2. PW 2024-02 Capital Improvement Projects Update Mr. Sanderson said there are several projects coming up from a letting perspective. He noted that a water main replacement project will be discussed later in the meeting. This is informational. 3. PW 2024-03 Quarterly Bond and Letter of Credit Reduction Summary There was much activity in 2023 and Mr. Sanderson said this report summarizes those actions. This is informational. 4. PW 2024-04 Grande Reserve Unit 12 - Acceptance 5. PW 2024-05 Grande Reserve Unit 15 - Acceptance 6. PW 2024-06 Grande Reserve Unit 22 - Acceptance These items were discussed simultaneously. Mr. Sanderson reported that all punchlists and sidewalks are done. He recommended acceptance of all 3 and also a bond reduction. These will all move to the consent agenda. Page 2 of 3 7. PW 2024-07 New Leaf Energy – Plat of Dedication and Grant of Easement The City Council has approved the annexation and rezoning for this project. Engineering/site plans, dedicated right-of-way and internal easements for the city are being worked on and Mr. Sanderson recommended acceptance of the related documents. This will move to the Council consent agenda. 8. PW 2024-08 2024 Road to Better Roads – MFT Resolution and Cost Estimate This project is brought forward annually. Submittals have been made to IDOT which is a requirement and IDOT must approve prior to the city going out to bid. The cost estimate and resolution must be approved and signed by the city. The budgeted amount is $1 million and approval was recommended by Mr. Sanderson. Alderman Koch said in the past, the city discussed spending additional money--this would be done during the budget process. 9. PW 2024- 09 North Central Tank Rehabilitation – Change Order No. 3 (Final Balancing) The final balance decreased by $40,000 and Mr. Sanderson recommended approval of the Change Order. The committee was OK with this and it moves forward to the Council consent agenda. 10. PW 2024-10 2024 Water Main Replacement Contract B (Fox Industrial Park) – Contract Award Mr. Sanderson said this is the first of many water main projects for this year. He said Contract B is ahead of Contract A regarding the letting schedule. This project will replace the water main in Fox Industrial Park which has had many breaks over the years. There were 10 bidders and the low bid at $2.7 million was received from Winninger Excavating. The committee was OK with this and it moves forward to the regular Council agenda. 11. PW 2024-11 2024 Water Main Replacement Contract B (Fox Industrial Park) – Construction Engineering Agreement Mr. Olson said this is the engineering agreement with EEI to coordinate the work for the Fox Industrial project. The estimated amount is $235,234 which is budgeted and was recommended for approval. The committee members were OK with this agreement and it moves to the regular Council agenda. 12. PW 2024-12 Yorkville Public Works Building – Architect Contract with Kluber, Inc. 13. PW 2024-13 Yorkville Public Works Building – Agreement for Professional Services (EEI Contract) These 2 items were discussed together. Mr. Olson summarized the next steps for the new Public Works building. They include detailed design work, building size, money to be spent, bids and construction. He recommended hiring a construction manager and a July 2025 completion date is projected. There will be 2 contracts, one with Kluber and one with EEI. EEI will do some design work for the building exterior, while Kluber will be the main design firm. He noted that two Kluber representatives were present at this meeting. He discussed the EEI contract first which will be 2 phases—preliminary work at $76,221 and final engineering at $107,000. He gave an in-depth explanation of the building interior. He said it would be a rectangle making it easier to expand and more plain on the exterior to save money. In the next 3-4 months, it will be decided what the building will look like and the money to be spent. Construction is slated to start in September 2024. The fee for Kluber is $1.362 million with a credit of $17,600 for work already done. The entire contract is based on hiring a construction manager in February or March to manage all the construction aspects and to hire the sub-contractors. Kluber will be the design architects. The overall process will include hiring a construction company, RFP documents to construction management firms, interviews and the Council will vote to approve. Mr. Chris Hansen also commented and said they are doing many Public Works buildings at this time. They will ask the construction management team to obtain 3-4 public bids for each package for competitive bidding. This will streamline the process and require accountability. Kluber and EEI will act as advocates for the city. He said Kluber personnel could come to committee meetings or City Council each month for an update. Page 3 of 3 Mr. Olson continued and said the next steps for the Council is construction manager approval and a sign-off on the design and budget. He said this contract covers everything, but decisions will be made along the way and the project may be paused for a better bid climate. Alderman Koch asked for clarifications on some of the fees and asked about the construction manager fee estimate. Mr. Hansen said the construction manager fee is negotiated and gave an explanation. Mr. Hansen also said his firm will try to reduce the budget from $22 million budget to $20 million for this phase by making the building more compact and use a simple design. He hopes they can bid the project in August when the bidding climate is more favorable. Aldermen Corneils and Soling asked Mr. Dhuse to relay any feedback the Public Works employees may have. Additionally, Kluber team members have met with many of the Public Works employees already. The Aldermen agreed to move this item out of the committee level and to the full City Council. Old Business: None Additional Business: The Aldermen extended their thanks to the Public Works employees for their good work getting the streets plowed during the multiple snow events. Mr. Dhuse said 400 tons of salt have been used and there are 1,600 tons left. In the future building, 3,000 tons of salt can be stored in the new salt dome. He said the county has 2,500 tons of storage. If additional storage would be needed in the future, another facility would be built. Mr. Hansen noted there are only 2 salt dome constructors in the Midwest. There was no further business and the meeting adjourned at 6:44pm. 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 2024-14 Snow Operations Report for January 2024 Public Works Committee – February 20, 2024 None Informational A brief overview of snow removal and salting operations. Eric Dhuse Public Works Name Department Summary This is the first snow report of the season…and hopefully the only one. Background We have been very fortunate this winter to only have a few weeks of bad weather that we had to perform snow removal operations. Unfortunately, the weather we experienced was all over the board from heavy, wet snow to sub zero temperatures with 30 mph winds. All in all, our fleet performed well with only a few breakdowns that had little impact on the overall snow removal. I have inserted the tables for salt usage so far this season for your review. 1/6,1/9, 1/10 Set to 1/10/2024 Salt Varies G‐Temp Brine ON Recorder ED Total Miles Average Salt Lbs of Lbs of Brine Gallons of Gal Brine/ Tons of RT‐Truck ID Driven MPH Miles Salt Used Salt/Mi. Miles Brine Used Ton Salt Salt Used R1‐#9 161 9.0 75.00 32678 435.71 32 94 5.75 16.34 R2‐#27 205 13.0 120.00 57735 481.13 28 118 4.09 28.87 R3‐#10 178 13.0 118.00 54904 465.29 0 0 27.45 R4‐#13 230 11.0 176.00 66789 379.48 0 0 33.39 R5‐#23 196 10.0 115.00 46220 401.91 30 45 1.95 23.11 R6‐#18 183 9.0 123.00 57160 464.72 29 84 2.94 28.58 R7‐#28 165 7.0 94.00 38755 412.29 0 0 0.00 19.38 R8‐#22 153 8.0 93.00 37498 403.20 0 0 21.83 R9‐#11 160 7.0 102.00 43661 428.05 30 118 5.41 21.83 R7‐#3 183 9 94.00 47000 500 23.5 R7‐#14 183 9 94.00 47000 500 24 R6‐#6 196 10 115 57500 500 29 R3‐#19 178 13 118 59000 500 30 Total 1814.0 10 1016.0 645900 430.20 149 459 3.36 326.03 Snow Operations Salt and Brine Data 2023‐2024 Snow Event Date Date of Recording Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, City Administrator Date: February 12, 2024 Subject: Snow Report 1/12, 1/13 Set to Salt Varies G‐Temp Brine ON Recorder ED Total Miles Average Salt Lbs of Lbs of Brine Gallons of Gal Brine/ Tons of RT‐Truck ID Driven MPH Miles Salt Used Salt/Mi. Miles Brine Used Ton Salt Salt Used R1‐#9 114 14.0 61.00 37015 606.80 61 212 11.45 18.51 R2‐#27 106 5.0 69.00 40610 588.55 10 11 0.54 20.31 R3‐#10 236 6.0 70.00 43595 622.79 0 0 21.80 R4‐#13 181 7.0 78.00 39633 508.12 0 0 19.82 R5‐#23 103 13.0 72.00 42255 586.88 72 245 11.60 21.13 R6‐#18 113 10.0 67.00 39052 582.87 67 140 7.17 19.53 R7‐#28 80 7.0 47.00 26918 572.72 46 182 13.52 13.46 R8‐#22 0 0.0 0.00 0 0 0 0.00 R9‐#11 89 3.0 56.00 32944 588.29 0 0 0.00 16.47 R7‐#3 113 10 47.00 23500 500 11.75 R7‐#14 113 10 47.00 23500 500 12 R6‐#6 103 13 72 36000 500 18 R3‐#19 236 6 70 35000 500 18 Total 1135.0 7 520.0 420022 582.13 256 790 7.38 210.01 Snow Operations Salt and Brine Data 2023‐2024 Snow Event Date Date of Recording 1/19, 1/20, 1/22 Set to Salt Varies G‐Temp Brine ON Recorder ED Total Miles Average Salt Lbs of Lbs of Brine Gallons of Gal Brine/ Tons of RT‐Truck ID Driven MPH Miles Salt Used Salt/Mi. Miles Brine Used Ton Salt Salt Used R1‐#9 478 9.0 181.00 99474 549.58 89 323 6.49 49.74 R2‐#27 444 10.0 245.00 160355 654.51 79 419 5.23 80.18 R3‐#10 253 9.0 159.00 87012 547.25 0 0 43.51 R4‐#13 492 6.0 350.00 170208 486.31 0 0 85.10 R5‐#23 398 10.0 215.00 125400 583.26 167 527 8.41 62.70 R6‐#18 528 10.0 228.00 147717 647.88 113 452 6.12 73.86 R7‐#28 389 10.0 205.00 112020 546.44 99 313 5.59 56.01 R8‐#22 388 8.0 128.00 72465 566.13 0 0 36.23 R9‐#11 487 12.0 230.00 125347 544.99 140 588 9.38 62.67 R7‐#3 528 10 205.00 102500 500 51.25 R7‐#14 528 10 205.00 102500 500 51 R6‐#6 398 10 215 107500 500 54 R3‐#19 253 9 159 79500 500 40 Total 4385.0 9 1941.0 1491998 569.59 687 2622 6.87 746.00 Snow Operations Salt and Brine Data 2023‐2024 Snow Event Date Date of Recording To date we have used approximately 1500 tons of salt which is typical for this point in the year, but more than we would normally expect for the limited number of times that we have been out. It seemed that every time is snowed, it was warm temperatures with heavy, wet snow then the temps would plummet, and the winds would kick up making it tough to get the snow off the streets. To combat that, we salted more often with a heavier application right before the temperatures dropped to well below freezing. This worked well except when the wind was blowing so hard that it drifted faster than we could get it cleaned off. In this case, we just let the salt sit under the snow and keep the snow from being able to bond to the pavement. We had 500 tons of salt left over from last year that we were able to use along with the salt we ordered this fall. We currently have approximately 500 tons in storage, which should get us through the year if the weather patterns hold to the form, they have been all winter. We know we still have another 4-6 weeks where we really must watch the weather and be prepared, but once St. Patrick’s Day is over, we are usually on the downhill side of snow events that require removal or even salting. Recommendation This is an informational item. 23‐Jan Set to Salt Varies G‐Temp Brine ON Recorder ED Total Miles Average Salt Lbs of Lbs of Brine Gallons of Gal Brine/ Tons of RT‐Truck ID Driven MPH Miles Salt Used Salt/Mi. Miles Brine Used Ton Salt Salt Used R1‐#9 122 8.0 71.00 41185 580.07 30 123 5.97 20.59 R2‐#27 92 9.0 65.00 43375 667.31 32 203 9.36 21.69 R3‐#10 75 5.0 54.00 37060 686.30 0 0 18.53 R4‐#13 123 8.0 94.00 20343 216.41 0 0 10.17 R5‐#23 32 7.0 26.00 13546 521.00 0 0 0.00 6.77 R6‐#18 119 10.0 72.00 44446 617.31 30 132 5.94 22.22 R7‐#28 77 10.0 53.00 31605 596.32 3 13 0.82 15.80 R8‐#22 128 7.0 37.00 22877 618.30 0 0 11.44 R9‐#11 95 10.0 39.00 25950 665.38 28 127 9.79 12.98 R7‐#3 119 10 53.00 26500 500 13.25 R7‐#14 119 10 53.00 26500 500 13 R6‐#6 32 7 26 13000 500 7 R3‐#19 75 5 54 27000 500 14 Total 982.0 8 511.0 373387 574.27 123 598 5.31 186.69 Snow Event Date Date of Recording Snow Operations Salt and Brine Data 2023‐2024 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Agenda Item Number New Business #2 Tracking Number PW 2024-15 Ashley Point (Prestwick) Subdivision Public Works Committee – February 20, 2024 Ashley Road - Roadway Improvement Acceptance Consideration Brad Sanderson Engineering Name Department Majority Committee Approval 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 (storm sewer, paving, etc.) 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. This work was performed in the fall of 2021 and there are no deficiencies noted. In this case, we are recommending that the City Council forgo the normal one-year maintenance period. Upon City Council approval of the acceptance and the receipt of the executed Bill of Sale, 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: January 26, 2024 Subject: Prestwick – Ashley Road Improvements 1 BILL OF SALE Seller, _______________, in consideration of One and 00/100th Dollar ($1.00), receipt hereby acknowledged, does hereby sell, assign, transfer and convey to the Buyer, the United City of Yorkville, an Illinois municipal corporation, at 651 Prairie Pointe Drive, Yorkville, Illinois 60560, the following personal property to wit described in Exhibit A attached hereto for the Ashley Road improvements generally shown on Exhibit B. Seller hereby represents and warrants to Buyer that Seller is the absolute owner of said property, that said property is free and clear of all liens, charges and encumbrances, and that Seller has full right, power, and authority to sell said property and to make this Bill of Sale. IN WITNESS WHEREOF, Seller has signed and sealed this Bill of Sale at ___________________________________, this _____ day of _______________, 20__. Subscribed and Sworn to before me this _____ day of _____________, 20__. _______________________ Notary Public EXHIBIT A ASHLEY ROAD IMPROVEMENTS UNITED CITY OF YORKVILLE UNIT QUANTITIY FOOT 2,180 ROADWAY ASHLEY ROAD ()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()- ( )- ( )-()-()-()-()-()- ()- ()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-Whitekirk LnAberdeen CtDunbar CtGleneagles Ln Ashley RdCallander Trl Schoolhouse Rd Illinois Route #126 Engineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 LOCATION MAP www.eeiweb.com DATE DATE: PROJECT NO.: FILE: PATH: BY: JANUARY 2024 YO1216 YO1216_Ashley Pointe U nit 1.MXD H:\G IS\PUBLIC\YOR KVILLE\2012\ MJT NO.REVISIONS ³United City of Yorkville651 Prairie Pointe DrYorkville, IL 60560630-553-4350www.yorkvil le.il.us ASHLEY POINTE DEVEL OPMENT UNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOIS Legend Roadway Improvement Limits GASB ASHLEY ROAD IMPROVEMENTS UNITED CITY OF YORKVILLE UNIT QUANTITY UNIT PRICE COST FOOT 2,180 49.34$ 107,560.40$ TOTAL 2,180 TOTAL COST 107,560.40$ ASHLEY ROAD ROADWAY 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 2024-16 Lake Michigan Improvements – IEPA Project Plan PEID Public Works Committee – February 20, 2024 None Informational Brad Sanderson Engineering Name Department Background: The City is seeking funding through the IEPA’s State Revolving Fund (SRF) for a portion of the Lake Michigan improvements necessary to connect to and receive Lake Michigan supply from DWC. A project plan was submitted to the IEPA and is currently under review by the agency. The City is seeking project plan approval by March 31st, which is necessary to be eligible for the intended funding list to receive funding in the upcoming cycle. Prior to issuing project plan approval, the IEPA will issue a Preliminary Environmental Impacts Determination (PEID). The PEID is expected to be issued by the end of February. In order to obtain project plan approval and be eligible for funding from the SRF program, after the IEPA issues its PEID, the City must conduct a public hearing regarding both the PEID and project planning. Question Presented: Should the City plan to hold a public hearing at an upcoming City Council meeting and to advertise for the hearing in a local newspaper at least 10 days in advance of the meeting followed by a 10-day comment period? Discussion: The hearing must be advertised within a local daily newspaper (e.g. Aurora Beacon News) at least 10 days in advance of the hearing. The advertisement must include the purpose of the project along with the date, time, and location of the hearing. A comment period of at least 10 days after the hearing is also required during which comments may be submitted to the loan applicant (City) or the IEPA, after which any comments shall be submitted to the IEPA to obtain final project plan approval. This hearing would be conducted at an upcoming City Council meeting, either in late February or at the first meeting in March. The schedule should allow for this process to be completed in advance of March 31st as much as possible. Action Required: This is currently an informational item. After issuance of the PEID by the IEPA, the City should schedule the public hearing for an upcoming City Council meeting, and advertise within the newspaper a minimum of 10 days in advance of the meeting followed by a 10-day comment period. For instance, if scheduling the hearing for the regular City Council meeting on March 12th, the City should advertise on March 1st (which is a Friday). The comment period would then extend through March 22nd. 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: February 12, 2024 Subject: Lake Michigan Improvements – IEPA Project Plan PEID 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 2024-17 Supplemental Road to Better Roads Program – Construction Engineering Agreement Public Works Committee – February 20, 2024 Majority Approval Please see the attached memo. Bart Olson Administration Name Department Summary Consideration of a design engineering agreement with EEI for a supplemental Road to Better Roads (RTBR) program within the 2024 construction season, addressing the upcoming cluster of subdivisions needing road rehabilitation. Background This item was last discussed in late 2023, after the City Council approved a design engineering contract with EEI for the 2024 Road to Better Roads program and reviewed the FY 23 audit, which ended in surplus. At that time, the City Council heard an update from staff that a second road program could be possible within the 2024 construction season. Since then, the staff have identified roadways within the Blackberry Creek, Cannonball Estates, and Heartland subdivisions that would be ideal to rehab in 2024. As we heard during the FY 24 budget proposal in Spring 2023, we have many 2000-era subdivisions that have not had any road rehabilitation done within them since their construction. These three subdivisions are part of the cluster of subdivision discussed during the budget presentations. During the staff level meetings of the FY 25 budget proposal (expected release next week), we identified almost $3m in additional funding (and on top of the ~$1.8m in RTBR funds already lined up for use) for use in this subdivision cluster. Accordingly, we recommend the three subdivisions above be completed within calendar year 2024 (FY 25) and EEI has prepared a design engineering contract in anticipation of a 2024 construction project. The timing of the bid package will be mid-2024, with an expected end of 2024 completion date for this work. EEI’s design engineering contract for this work is a fixed fee amount of $119,988. This work will be completed in FY 24 and FY 25, and we have funds in the FY 24 budget to cover this amount. Recommendation Staff recommends approval of a design engineering agreement with EEI for a supplemental Road to Better Roads program within the 2024 construction season. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: February 15, 2024 Subject: Supplemental Road to Better Roads program 2024 – design engineering UNITED CITY OF YORKVILLE 2024 LOCAL ROAD PROGRAM PAGE 1 2024 Local Road Program United City of Yorkville Professional Services Agreement – Design Engineering THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred to as the "City" or “OWNER” and Engineering Enterprises, Inc. hereinafter referred to as the "Contractor" or “ENGINEER” agrees as follows: A. Services: ENGINEER agrees to furnish to the City the following services: The ENGINEER shall provide any and all necessary engineering services to the City as indicated on the Scope of Services (Attachment B). Design Engineering for all roadways indicated on Attachment E will be provided. Construction Engineering services are not include and would be provided in a separate agreement. Engineering will be in accordance with all City and Illinois Department of Transportation requirements. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non-terminating party or upon completion of the Services. Upon termination the Contractor shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to Contractor: ENGINEER shall receive as compensation for all work and services to be performed herein, an amount based on the Estimated 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 $119,988, of which direct expenses are estimated at $10,470. The hourly rates for this project are shown in the attached 2023 Standard Schedule of Charges (Attachment F). All payments will be made according to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract is designated in Section B hereof as an Ongoing Contract, ENGINEER, on or before February 1st of any given year, shall provide written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after May 1st of that same year. UNITED CITY OF YORKVILLE 2024 LOCAL ROAD PROGRAM 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 Village. Contractor agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the Village. 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 Village. The Village 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 Village’s relationship to the Contractor under this agreement shall be that of an independent contractor. Contractor will not be considered an employee to the Village 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 2024 LOCAL ROAD PROGRAM 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 Village under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the Village 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 2024 LOCAL ROAD PROGRAM 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 Village and Village’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 ENGINEER agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied) K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attached Exhibits. Except for those terms included on the Exhibits, no additional terms are UNITED CITY OF YORKVILLE 2024 LOCAL ROAD PROGRAM 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: Estimate of Level of Effort and Associated Cost Attachment D: Estimated Schedule Attachment E: Location Map Attachment F: 2023 Standard Schedule of Charges UNITED CITY OF YORKVILLE 2024 LOCAL ROAD PROGRAM PAGE 6 L. Notices: All notices required to be given under the terms of this agreement shall be given mail, addressed to the parties as follows: For the City: For the ENGINEER: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 651 Prairie Pointe Drive 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 __________________, 2024. 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. ATTACHMENT A – FEBRUARY 2024 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. ATTACHMENT A – FEBRUARY 2024 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 2024 LOCAL ROAD PROGRAM PAGE 1 2024 Local Road Program United City of Yorkville, IL Professional Services Agreement - Design Engineering Attachment B – Scope of Services DESIGN ENGINEERING • Obtain, review and inventory existing utility, roadway, right-of-way, ownership, soil data, etc. • Obtain utility information to identify potential conflicts, as necessary • Obtain geotechnical site data, consisting of pavement cores taken every 1000-1500 feet, as necessary • Coordinate documentation for CCDD management of soils, as necessary • Coordinate and develop with City staff the final scope of improvements • Conduct site visits to assess condition of existing pavement, curb and gutter, sidewalk, ADA compliance, drainage and structures • Confirm pavement design and rehabilitation methodology • Prepare construction specifications, consisting of, but not limited to the following: o All required bidding and letting information and contractual forms o City special provisions and contracting information o Project specific specifications and special provisions o State specifications and provisions o Prevailing Wages o Bureau of Design and Environmental special provisions o Local Roads special provisions o Location Map o IDOT Highway Standards o Pavement Core Reports (Provided by Rubino Engineering) o CCDD Documents (Provided by Rubino Engineering) o By Street Quantity Breakdown o Aerial Exhibits showing improvement limits o Existing and Proposed typical sections • Coordinate City review, including revisions as needed • Prepare preliminary and final cost estimates • Assist in bidding, contractor/bid evaluations, contract preparation and additional contract administration as required • Attend public meetings with staff to review design progress • Provide all bid packages in 8 ½” x 11 ½” format • Provide planning/design/construction schedule and frequent updates regarding any potential items affecting the schedule ATTACHMENT C: ESTIMATED LEVEL OF EFFORT AND ASSOCIATED COSTPROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBERUnited City of YorkvilleYO2408-PPROJECT TITLEDATE PREPARED BY2024 Local Road Program - Design EngineeringROLE PIC PM SPE 1 PE SPT 2 SPT 1 ADMINPERSONRATE $239 $204 $179 $162 $167 $156 $70DESIGN ENGINEERING2.18 24 16 4 52 10,320$ 2.24 4 4 6 18 3,460$ 2.32 4 6 1,006$ 2.42 4 6 12 2,096$ 2.58 32 140 180 30,040$ 2.68 60 150 40 60 2 320 52,852$ 2.72 4 8 14 2,590$ 2.89 4 13 2,552$ 2.92 4 6 12 2 26 4,452$ Insert Task Subtotal: 16 63 128 330 40 60 4 641 109,368$ 16 63 128 330 40 60 4 641 109,368 EEI STAFFDIRECT EXPENSESPIC Principal In CharagePrinting/Scanning = 150$ PM Project ManagerRubino (Cores & CCDD) = 10,470$ SPE 1 Senior Project Engineer IPE Project EngineerDIRECT EXPENSES = 10,620$ SPT 2 Senior Project Technician IISPT 1 Senior Project Technician IILABOR SUMMARYADMIN Adminstrative AssistantEEI Labor Expenses = 109,368$ TOTAL LABOR EXPENSES109,368$ TOTAL COSTS 119,988$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.comPROJECT TOTAL:CJO2/9/24COSTTASK NO.TASK DESCRIPTIONHOURSProject Management and CoordinationProject MeetingsGeotechnical Investigation (Coordination, Field Work, Review Report)Analyze/Finalize Roadway Rehabilitation MethodsSite Review, Identification of Required ImprovementsFinal Exhibits, Specifications and EstimatesPrepare Engineer's Opinion of Probable Construction CostQC/QA of Bid PackageBidding and Contracting ATTACHMENT D: ESTIMATED SCHEDULECLIENT PROJECT NUMBERUnited City of YorkvilleYO2408-PPROJECT TITLEDATE PREPARED BY2024 Local Road Program - Design EngineeringCJOFEB MARAPR MAYJUN JULAUG SEP OCT NOV2.12.22.32.42.52.62.72.82.9* A separate construction engineering agreement will be provided. 52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.comPrepare Engineer's Opinion of Probable Construction CostBidding and ContractingQC/QA of Bid PackageConstruction*Project MeetingsGeotechincal Investigation (Coordination, Field Work, Review Report)Analyze/Finalize Roadway Rehabilitation MethodsSite Review, Identification of Required ImprovementsFinal Exhibits, Specifications and EstimatesTASK NO.TASK DESCRIPTION2/9/242024Project Management and Coordination CANNONBALL MCHUGHMAIN SPRING RIVER KENNEDYFAXON PARKCENTERBRIDGE VETERANS COUNTRYSIDE ALICE OMAHAALAN DALESOMONAUKGAME FARMTERIKENDAL L HAYDENTUMA FREEMONTROUTE 34SUMACHEARTL A N D KINGELM R O U T E 4 7 LI L L I A N WALNUT BOOMBAH WACKERLIBERTYEDWARDJOHN JACKSONSUNSETFAIRHAVENMARKETVIEW COLTONKATEBRISTOLHOMESTE A D ELDEN BRUELLBLUESTEMCHURCHMCMURTRIEGRACENORTHLANDPLEASURETWINLEAFLEISURE REDBUD LANDMARK ERICA PRAIRIEQUINSEYPLUMOL I V E BIRCHWOODCLEARWA T E R CONOVER TAUSHILLCREST WILD IND IGOBOOMERLEXINGTON CROSSARROWHEADLAUREN SOUTH SHADOW WOOD YELLOWSTONE GOLDENROD D E E R P A T H GAWNE BRISTOL RIDGE INDEPENDENCE MARKETPLACEGEORGEANNA WESTPRAIR IE ROSE SWANSON PRIVAT E D R I V ECATALPAWINTERBERRYDOVERHONEYSUCKLE CH R I S T Y RED TAI L MARTINDALTONMEADOWVIEW DAKOTASWITCHGRASSHICKORYSTRAWBERR Y DICKSONPRAIRIE POINTE BLACKB E R R Y S H O R E WOODWORTHMIDNIGHTANDREAP A T R I C I A AUBURN BEHRENS NADEN AMANDAOAKWOODREDWOOD SANDERSGROVEOVERLOOKMARIE TOWERCRIMSONPALMERPRAIRIE GRASS MENARD COD Y WORSLEYJOHNSONPINEWOODDENISE COMMERCIALCONEFLOWERMULHERN MISTWOODCONCORDVICTORIALONGVIEW BL U E J A Y WESTERN CARPENTER POWERSFA R M S T E A DBLACKBERRY ALEXANDRAAPPLETREE HIDDEN HOMES ESSEXHALEY CHESHIRE HERITAGE WRIGLEY ANDERSONP R A I R I E M E A D O W S WH E A T L A N D PR A I R I E C L O V E R BRIDGEPRIVATE DR IVE ROUTE 34 PRIVATE DRIVE ROUTE 34 SOMONAUK CENTER VETERANS PRIVATE DRIVETUMA VETERANS INDEPENDENCE ROUTE 34ROUTE 47PRIVATE DRIVEVETERANS PRIVATE DR IVE ATTACHMENT ELOCATION MAP DATE: PROJECT NO.: FILE: BY: FEBRUARY 2024 YO2338 MJT 2024 LOCAL ROAD PROGRAM UNITED CITY OF YORKVILLE, ILLINOIS Engineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700www.eeiweb.com PATH:H:\GIS\PUBLIC\YORKVILLE\2022\YO2338 United City of Yorkville 651 Prairie Pointe Dr, Yorkville, IL 60560 N O R T H ° YO2338_2025 Location Map Legend Project Limits 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 ATTACHMENT F Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number New Business #5 Tracking Number PW 2024-18 Water Well No. 10 – Bid Award Public Works Committee – February 20, 2024 Majority Consideration of Award Consideration of Award Brad Sanderson Engineering Name Department The United City of Yorkville is working on an agreement with the School District to construct Water Well No. 10 near the western practice fields of the Yorkville High School. As part of the agreement, the School District has requested that no construction activity be allowed on the practice fields between April 30th and November 1st of each year. This request limited the construction schedule for Water Well No. 10 to either be completed by April 30, 2024, or by April 30, 2025. Due to this limitation, EEI contacted several well contractors to determine their availability to complete the well construction within this timeframe. Based on the well contractors' feedback, EEI incorporated two (2) construction schedule options into the bidding documents with different construction start and completion dates. For the Base Bid, construction must start on or after November 2, 2024, with a completion date on or before April 30, 2025. For the Alternate Bid, construction must begin by January 2024, with a completion date on or before April 30, 2024. The electrical equipment for Water Well No. 10 is not included in this construction contract but will be a critical path item due to the anticipated long lead times for fabrication and delivery of the electrical equipment. EEI anticipates the electrical equipment to be operational by the Summer of 2025 if bidding and awarding this work occurs by Spring 2024. This also creates some flexibility in the bidding schedule for Water Well No. 10, which is another reason for providing two (2) construction schedule options. Bids were received, opened, and tabulated for the above-referenced project at 10:00 a.m. on December 12, 2023. Representatives from the contractors bidding on the project, the City, and our firm were in attendance and via the in-person conference. Copies of the Bid Summary and Bid Tab are included for your reference. Five (5) well contractors downloaded bidding documents from Quest. During the bidding process, Layne Christesen Company (Layne) and Municipal, Well & Pump, Inc. (MW&P) were the only two (2) local well contractors submitting questions and showing genuine interest in submitting a bid for the above-referenced project. Layne elected not to bid either option due to scheduling and cost concerns. MW&P's backlog prevented them from submitting costs for starting the project in January 2024; they only submitted costs for beginning the project in November 2024. While it is unfortunate that there was only one (1) bidder, EEI has had a positive history of working with MW&P on multiple well construction and rehabilitation projects as they have completed projects on time and within budget. 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: December 13, 2023 Subject: Water Well No. 10 MW&P's base bid amount of $2,589,164.00 is approximately 1% over the Engineer's Estimate of $2,572,700.00. EEI believes this is a reasonable bid amount for starting the project a year from now. We have no indication that rebidding the project will result in more bids or a lower bid amount. Given the reasoning above, we recommend the acceptance of the bid and approval of the award be made to the low bidder, Municipal Well & Pump, 1212 Storbeck Drive, P.O. Box 311, Waupun, WI, 53963, in the amount of $2,589,164.00. If you have any questions or need additional information, please let me know. BID TABULATIONBIDS RECEIVED 10:00 A.M. 12/12/2023 TOTAL FOR BASE BID ITEMS $2,572,700.00 $2,589,164.00 ALTERNATE BID ITEM NO. 1 NO BID SUPPLEMENTAL BID SCHEDULES X ADDENDUM NO. 1 X SIGNED BID X BID BOND X BIDDER'S QUESTIONNAIRE X BID SUMMARY WATER WELL NO. 10 UNITED CITY OF YORKVILLE MUNICIPAL WELL & PUMP 1212 STORBECK DR. WAUPUN, WI 53963 ENGINEER'S ESTIMATE 52 WHEELER RD SUGAR GROVE, IL 60554 Page 1 of 5 ITEM UNIT UNIT NO.ITEM UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT 1 MOBILIZATION (ON OR AFTER NOVEMBER 2, 2024) LS 1 771,100.00$ 771,100.00$ 776,060.00$ 776,060.00$ 2 BONDS AND INSURANCE LS 1 23,400.00$ 23,400.00$ 23,550.00$ 23,550.00$ 3 DRILL 29" MIN. DIA. HOLE FOR 24" O.D. CASING (0' TO 120')LF 120 1,590.00$ 190,800.00$ 1,600.00$ 192,000.00$ 4 FURNISH AND INSTALL 24" O.D. STEEL CASING (0' TO 120')LF 120 390.00$ 46,800.00$ 395.00$ 47,400.00$ 5 DRILL 23" MIN. DIA. HOLE FOR 18" O.D. CASING (120' TO 1170')LF 1,050 400.00$ 420,000.00$ 402.00$ 422,100.00$ 6 FURNISH AND INSTALL 18" O.D. STEEL CASING (+2' TO 1170')LF 1,172 300.00$ 351,600.00$ 300.00$ 351,600.00$ 7 FURNISH AND INSTALL CEMENT SHOE: 7a. 24-INCH EA 1 5,200.00$ 5,200.00$ 5,230.00$ 5,230.00$ 7b. 18-INCH EA 1 4,300.00$ 4,300.00$ 4,360.00$ 4,360.00$ 8 FURNISH CEMENT GROUT BAGS 1,750 70.00$ 122,500.00$ 68.00$ 119,000.00$ 9 INSTALL CEMENT GROUT 9a. SURFACE CASING LS 1 14,300.00$ 14,300.00$ 14,430.00$ 14,430.00$ 9b. LONG STRING CASING LS 1 32,660.00$ 32,660.00$ 32,870.00$ 32,870.00$ 10 DRILL 17" MIN. DIA. HOLE (1170' TO 1401')LF 231 265.00$ 61,215.00$ 264.00$ 60,984.00$ 11 FURNISH, INSTALL AND REMOVE TEST PUMP EQUIPMENT LS 1 137,500.00$ 137,500.00$ 138,360.00$ 138,360.00$ 12 CONDUCT PUMPING TEST HR 30 705.00$ 21,150.00$ 709.00$ 21,270.00$ 13 CONDUCT TELEVISION SURVEY LS 1 5,300.00$ 5,300.00$ 5,300.00$ 5,300.00$ 14 CONDUCT PRESSURE TESTING OF GROUT SEAL LS 2 11,100.00$ 22,200.00$ 11,180.00$ 22,360.00$ 15 PERFORM WELL DISINFECTION LS 1 2,600.00$ 2,600.00$ 2,600.00$ 2,600.00$ 16 CONDUCT WATER ANALYSIS EA 1 6,100.00$ 6,100.00$ 6,170.00$ 6,170.00$ 17 FURNISH AND INSTALL TEMPORARY CAP ON WELL EA 1 1,800.00$ 1,800.00$ 1,830.00$ 1,830.00$ 18 WELL DEVELOPMENT ALLOWANCE LS 1 125,000.00$ 125,000.00$ 125,000.00$ 125,000.00$ 19 SITE WORK 19a. SITE MAINTENANCE AND RESTORATION LS 1 21,470.00$ 21,470.00$ 21,610.00$ 21,610.00$ 19b. GRAVEL ACCESS ROAD SY 1,300 110.00$ 143,000.00$ 114.00$ 148,200.00$ 19c. SITE CLEARING LS 1 19,000.00$ 19,000.00$ 19,140.00$ 19,140.00$ 20 DEMOBILIZATION LS 1 23,705.00$ 23,705.00$ 27,740.00$ 27,740.00$ TOTAL FOR ITEMS 1 - 20 AND TOTAL BASE BID FOR WATER WELL NO. 10 2,572,700.00$ 2,589,164.00$ ALTERNATE BID ITEM: 1 ADD OR DEDUCT FOR BASE BID ITEM #1: MOBILIZATION (ON OR AFTER JANUARY 2, 2024) LS 1 ($200,000.00)($200,000.00)NO BID NO BID BIDS REC'D 12/12/2023 Sugar Grove, IL 60554 UNITED CITY OF YORKVILLE BID TABULATION WATER WELL NO. 10 1212 Storbeck Dr.Waupun, WI 53963 MUNICIPAL WELL & PUMP SUMMARY BID SCHEDULE 52 Wheeler RoadENGINEER'S ESTIMATEBID TABULATION Page 2 of 5 ITEM UNIT UNIT NO.ITEM UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT WELL DEVELOPMENT BY AIR LIFT SURGING 21 FURNISH, INSTALL AND REMOVE AIR LIFT SURGING EQUIPMENT LS 1 105,000.00$ 105,000.00$ 84,970.00$ 84,970.00$ 22 PERFORM WELL DEVELOPMENT BY AIRLIFT SURGING HR 40 810.00$ 32,400.00$ 1,023.00$ 40,920.00$ 23 PERFORM SAND BAILING WITH RIG AND 2 MAN CREW HR 16 720.00$ 11,520.00$ 800.00$ 12,800.00$ 24 FURNISH, INSTALL AND REMOVE TEST PUMP EQUIPMENT EA 1 100,000.00$ 100,000.00$ 115,240.00$ 115,240.00$ 25 CONDUCT PUMPING TEST HR 30 600.00$ 18,000.00$ 709.00$ 21,270.00$ 26 PERFORM WELL DISINFECTION EA 1 3,600.00$ 3,600.00$ 2,600.00$ 2,600.00$ 27 CONDUCT WATER ANALYSIS EA 1 4,800.00$ 4,800.00$ 6,170.00$ 6,170.00$ TOTAL OF ITEMS 21-27, WELL DEVELOPMENT BY AIR LIFT SURGING 275,320.00$ 283,970.00$ WELL DEVELOPMENT BY SINGLE PIPE AIR PUMPING 28 FURNISH, INSTALL AND REMOVE EQUIPMENT LS 1 100,000.00$ 100,000.00$ 84,970.00$ 84,970.00$ 29 PERFORM WELL DEVELOPMENT HR 40 810.00$ 32,400.00$ 1,023.00$ 40,920.00$ 30 PERFORM SAND BAILING WITH RIG AND 2 MAN CREW HR 16 720.00$ 11,520.00$ 800.00$ 12,800.00$ 31 FURNISH, INSTALL AND REMOVE TEST PUMP EQUIPMENT EA 1 100,000.00$ 100,000.00$ 115,240.00$ 115,240.00$ 32 CONDUCT PUMPING TEST HR 30 600.00$ 18,000.00$ 709.00$ 21,270.00$ 33 PERFORM WELL DISINFECTION EA 1 3,600.00$ 3,600.00$ 2,600.00$ 2,600.00$ 34 CONDUCT WATER ANALYSIS EA 1 4,800.00$ 4,800.00$ 6,170.00$ 6,170.00$ TOTAL OF ITEMS 28-34, WELL DEVELOPMENT BY SINGLE PIPE AIR PUMPING 270,320.00$ 283,970.00$ WELL DEVELOPMENT BY EXPLOSIVES 35 FURNISH, INSTALL & DETONATE BULK NITRO-GLYCERIN SHOTS LB 600 125.00$ 75,000.00$ 137.00$ 82,200.00$ 36 WELL DEVELOPMENT BY AIR PRESSURIZING 36a. FURNISH, INSTALL & REMOVE EQUIPMENT LS 1 $ 102,000.00 102,000.00$ $ 48,490.00 $ 48,490.00 36b. PERFORM WELL DEVELOPMENT HR 40 810.00$ 32,400.00$ 1,023.00$ 40,920.00$ 37 PERFORM SAND BAILING WITH RIG AND 2-MAN CREW HR 240 720.00$ 172,800.00$ 800.00$ 192,000.00$ 38 FURNISH, INSTALL AND REMOVE TEST PUMP EQUIPMENT EA 1 60,000.00$ 60,000.00$ 115,240.00$ 115,240.00$ 39 CONDUCT PUMPING TEST HR 30 600.00$ 18,000.00$ 709.00$ 21,270.00$ 40 PERFORM WELL DISINFECTION EA 1 3,600.00$ 3,600.00$ $ 2,600.00 $ 2,600.00 41 CONDUCT WATER ANALYSIS EA 1 4,800.00$ 4,800.00$ 6,170.00$ 6,170.00$ TOTAL OF ITEMS 35-41, WELL DEVELOPMENT BY EXPLOSIVES 468,600.00$ 508,890.00$ BID TABULATION WATER WELL NO. 10 SUMMARY SUPPLEMENTAL BID SCHEDULE PAGE 1 UNITED CITY OF YORKVILLE BID TABULATION ENGINEER'S ESTIMATE MUNICIPAL WELL & PUMP 12/12/2023 Sugar Grove, IL 60554 Waupun, WI 53963BIDS REC'D 52 Wheeler Road 1212 Storbeck Dr. Corrections are indicated in yellow. Page 3 of 5 ITEM UNIT UNIT NO.ITEM UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT WELL DEVELOPMENT BY INTERRUPTED OVERPUMPING 42 FURNISH, INSTALL AND REMOVE PUMPING EQUIPMENT LS 1 100,000.00$ 100,000.00$ 115,240.00$ 115,240.00$ 43 PERFORM WELL DEVELOPMENT HR 40 810.00$ 32,400.00$ 958.00$ 38,320.00$ 44 PERFORM SAND BAILING WITH RIG AND 2 MAN CREW HR 40 720.00$ 28,800.00$ 800.00$ 32,000.00$ 45 FURNISH, INSTALL AND REMOVE TEST PUMP EQUIPMENT EA 1 100,000.00$ 100,000.00$ 115,240.00$ 115,240.00$ 46 CONDUCT PUMPING TEST HR 30 600.00$ 18,000.00$ 709.00$ 21,270.00$ 47 PERFORM WELL DISINFECTION EA 1 3,600.00$ 3,600.00$ 2,600.00$ 2,600.00$ 48 CONDUCT WATER ANALYSIS EA 1 4,800.00$ 4,800.00$ 6,170.00$ 6,170.00$ TOTAL OF ITEMS 42-48, WELL DEVELOPMENT BY INTERRUPTED OVERPUMPING 287,600.00$ 330,840.00$ WELL DEVELOPMENT BY HYDRAULIC JETTING 49 FURNISH, INSTALL & REMOVE HYDRAULIC JETTING EQUIPMENT LS 1 50,000.00$ 50,000.00$ 84,970.00$ 84,970.00$ 50 PERFORM WELL DEVELOPMENT BY HYDRAULIC JETTING HR 40 810.00$ 32,400.00$ 1,023.00$ 40,920.00$ 51 PERFORM SAND BAILING WITH RIG AND 2 MAN CREW HR 40 720.00$ 28,800.00$ $ 800.00 $ 32,000.00 52 FURNISH, INSTALL AND REMOVE TEST PUMP EQUIPMENT EA 1 100,000.00$ 100,000.00$ 115,240.00$ 115,240.00$ 53 CONDUCT PUMPING TEST HR 30 600.00$ 18,000.00$ 709.00$ 21,270.00$ 54 PERFORM WELL DISINFECTION EA 1 3,600.00$ 3,600.00$ $ 2,600.00 $ 2,600.00 55 CONDUCT WATER ANALYSIS EA 1 4,800.00$ 4,800.00$ 6,170.00$ 6,170.00$ TOTAL OF ITEMS 49-55, WELL DEVELOPMENT BY HYDRAULIC JETTING 237,600.00$ 303,170.00$ WELL DEVELOPMENT BY AIR PRESSURIZING 56 FURNISH, INSTALL AND REMOVE EQUIPMENT LS 1 40,000.00$ 40,000.00$ 48,490.00$ 48,490.00$ 57 PERFORM WELL DEVELOPMENT HR 40 810.00$ 32,400.00$ 1,023.00$ 40,920.00$ 58 PERFORM SAND BAILING WITH RIG AND 2 MAN CREW HR 120 720.00$ 86,400.00$ 800.00$ 96,000.00$ 59 FURNISH, INSTALL AND REMOVE TEST PUMP EQUIPMENT EA 1 100,000.00$ 100,000.00$ 115,240.00$ 115,240.00$ 60 CONDUCT PUMPING TEST HR 30 600.00$ 18,000.00$ 709.00$ 21,270.00$ 61 PERFORM WELL DISINFECTION EA 1 3,600.00$ 3,600.00$ 2,600.00$ 2,600.00$ 62 CONDUCT WATER ANALYSIS EA 1 4,800.00$ 4,800.00$ 6,170.00$ 6,170.00$ TOTAL OF ITEMS 56-62, WELL DEVELOPMENT BY AIR PRESSURIZING 285,200.00$ 330,690.00$ LOSS OF CIRCULATION ZONE 63 4-MAN DRILL CREW AND RIG HR 40 1,560.00$ 62,400.00$ 1,562.00$ 62,480.00$ 64 FURNISH BENTONITE DRILLER'S FLUID BAG 100 48.00$ 4,800.00$ 19.00$ 1,900.00$ 65 FURNISH LOSS OF CIRCULATION MATERIAL BAG 20 $ 240.00 4,800.00$ $ 121.00 $ 2,420.00 66 FURNISH CEMENT GROUT BAG 150 60.00$ 9,000.00$ 40.00$ 6,000.00$ TOTAL OF ITEMS 63-66, LOSS OF CIRCULATION ZONE 81,000.00$ 72,800.00$ 12/12/2023 Sugar Grove, IL 60554 Waupun, WI 53963BIDS REC'D 52 Wheeler Road 1212 Storbeck Dr. BID TABULATION WATER WELL NO. 10 SUMMARY SUPPLEMENTAL BID SCHEDULE PAGE 2 UNITED CITY OF YORKVILLE BID TABULATION ENGINEER'S ESTIMATE MUNICIPAL WELL & PUMP Page 4 of 5 ITEM UNIT UNIT NO.ITEM UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT WELL DEVELOPMENT BY INTERRUPTED OVERPUMPING 67 ADDITIONAL COST FOR REDUCED WORK HOURS LS 1 $0.00 $0.00 $0.00 $0.00 TOTAL OF ITEM 67, REDUCED WORK HOURS $0.00 $0.00 BID TABULATION WATER WELL NO. 10 SUMMARY SUPPLEMENTAL BID SCHEDULE PAGE 3 UNITED CITY OF YORKVILLE BID TABULATION ENGINEER'S ESTIMATE MUNICIPAL WELL & PUMPBIDS REC'D 52 Wheeler Road 1212 Storbeck Dr.12/12/2023 Sugar Grove, IL 60554 Waupun, WI 53963 Page 4 of 5 ITEM UNIT UNIT NO.ITEM UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT 1 MOBILIZATION (ON OR AFTER NOVEMBER 2, 2024) LS 1 771,100.00$ 771,100.00$ 776,060.00$ 776,060.00$ 2 BONDS AND INSURANCE LS 1 23,400.00$ 23,400.00$ 23,550.00$ 23,550.00$ 3 DRILL 29" MIN. DIA. HOLE FOR 24" O.D. CASING (0' TO 120')LF 120 1,590.00$ 190,800.00$ 1,600.00$ 192,000.00$ 4 FURNISH AND INSTALL 24" O.D. STEEL CASING (0' TO 120')LF 120 390.00$ 46,800.00$ 395.00$ 47,400.00$ 5 DRILL 23" MIN. DIA. HOLE FOR 18" O.D. CASING (120' TO 1170')LF 1,050 400.00$ 420,000.00$ 402.00$ 422,100.00$ 6 FURNISH AND INSTALL 18" O.D. STEEL CASING (+2' TO 1170')LF 1,172 300.00$ 351,600.00$ 300.00$ 351,600.00$ 7 FURNISH AND INSTALL CEMENT SHOE: 7a. 24-INCH EA 1 5,200.00$ 5,200.00$ 5,230.00$ 5,230.00$ 7b. 18-INCH EA 1 4,300.00$ 4,300.00$ 4,360.00$ 4,360.00$ 8 FURNISH CEMENT GROUT BAGS 1,750 70.00$ 122,500.00$ 68.00$ 119,000.00$ 9 INSTALL CEMENT GROUT 9a. SURFACE CASING LS 1 14,300.00$ 14,300.00$ 14,430.00$ 14,430.00$ 9b. LONG STRING CASING LS 1 32,660.00$ 32,660.00$ 32,870.00$ 32,870.00$ 10 DRILL 17" MIN. DIA. HOLE (1170' TO 1401')LF 231 265.00$ 61,215.00$ 264.00$ 60,984.00$ 11 FURNISH, INSTALL AND REMOVE TEST PUMP EQUIPMENT LS 1 137,500.00$ 137,500.00$ 138,360.00$ 138,360.00$ 12 CONDUCT PUMPING TEST HR 30 705.00$ 21,150.00$ 709.00$ 21,270.00$ 13 CONDUCT TELEVISION SURVEY LS 1 5,300.00$ 5,300.00$ 5,300.00$ 5,300.00$ 14 CONDUCT PRESSURE TESTING OF GROUT SEAL LS 2 11,100.00$ 22,200.00$ 11,180.00$ 22,360.00$ 15 PERFORM WELL DISINFECTION LS 1 2,600.00$ 2,600.00$ 2,600.00$ 2,600.00$ 16 CONDUCT WATER ANALYSIS EA 1 6,100.00$ 6,100.00$ 6,170.00$ 6,170.00$ 17 FURNISH AND INSTALL TEMPORARY CAP ON WELL EA 1 1,800.00$ 1,800.00$ 1,830.00$ 1,830.00$ 18 WELL DEVELOPMENT ALLOWANCE LS 1 125,000.00$ 125,000.00$ 125,000.00$ 125,000.00$ 19 SITE WORK 19a. SITE MAINTENANCE AND RESTORATION LS 1 21,470.00$ 21,470.00$ 21,610.00$ 21,610.00$ 19b. GRAVEL ACCESS ROAD SY 1,300 110.00$ 143,000.00$ 114.00$ 148,200.00$ 19c. SITE CLEARING LS 1 19,000.00$ 19,000.00$ 19,140.00$ 19,140.00$ 20 DEMOBILIZATION LS 1 23,705.00$ 23,705.00$ 27,740.00$ 27,740.00$ TOTAL FOR ITEMS 1 - 20 AND TOTAL BASE BID FOR WATER WELL NO. 10 2,572,700.00$ 2,589,164.00$ ALTERNATE BID ITEM: 1 ADD OR DEDUCT FOR BASE BID ITEM #1: MOBILIZATION (ON OR AFTER JANUARY 2, 2024) LS 1 ($200,000.00) ($200,000.00) NO BID NO BID BIDS REC'D 12/12/2023 Sugar Grove, IL 60554 UNITED CITY OF YORKVILLE BID TABULATION WATER WELL NO. 10 1212 Storbeck Dr. Waupun, WI 53963 MUNICIPAL WELL & PUMP SUMMARY BID SCHEDULE 52 Wheeler Road ENGINEER'S ESTIMATEBID TABULATION Page 2 of 1 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 2024-19 Well No. 10 - Construction Engineering Agreement Public Works Committee – February 20, 2024 Majority Approval Please see the attached memo. Bart Olson Administration Name Department Summary Consideration of a construction engineering agreement with EEI for the Well 10 project. Background This item was last discussed in March 2023, when the City Council approved a design engineering contract for the Well 10 project. As a general refresher, this tenth well in the City is expected to be constructed on the Yorkville High School property in the next couple years to provide for interim water supply capacity until Lake Michigan water is received, and thereafter as another backup well. Well 10 will pump water from the aquifer into a raw water main that will connect to the City’s water treatment facility at Game Farm Road. Since last March, the project has been designed and put out to bid (bid award earlier on this meeting agenda). In addition to the bid award, the City will need an intergovernmental agreement with the School District to cover use of the well location. That intergovernmental agreement is expected to be ready for consideration in March. Accordingly, EEI has submitted a construction engineering contract for the Well 10 project. The agreement submitted by EEI covers construction engineering services only. The total cost of the contract is an estimated amount of $99,958. Funds for this contract are included in the FY 24 budget and proposed FY 25 budget. Recommendation Staff recommends approval of the construction engineering agreement with EEI for the Well 10 project. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: February 15, 2024 Subject: Well 10 construction engineering agreement UNITED CITY OF YORKVILLE WATER WELL NO. 10 PAGE 1 Agreement for Professional Services Water Well No. 10 – Construction Engineering THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred to as the "City" or “OWNER” and Engineering Enterprises, Inc. hereinafter referred to as the "Contractor" or “ENGINEER” agrees as follows: A. Services: ENGINEER agrees to furnish to the City the following services: The ENGINEER shall provide any and all necessary engineering services to the City as indicated on the Scope of Services (Attachment B). Construction engineering will be provided for the construction of Water Well No. 10 in a location to be determined. (see Attachment E for project limits). Engineering will be in accordance with all City, Standard Specifications for Water and Sewer Construction in Illinois, Illinois Department of Transportation, and Illinois Environmental Protection Agency requirements. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non-terminating party or upon completion of the Services. Upon termination the ENGINEER shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to ENGINEER: ENGINEER shall receive as compensation for all work and services to be performed herein, an amount based on the Estimate of Level of Effort and Associated Cost included in Attachment C. Construction Engineering will be paid for Hourly (HR) at the actual rates for services to be performed, currently estimated at $99,958. Direct expenses are estimated at $2,650. The hourly rates for this project are shown in the attached 2023 Standard Schedule of Charges (Attachment F). All payments will be made according to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract is designated in Section B hereof as an Ongoing Contract, ENGINEER, on or before February 1st of any given year, shall provide written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after May 1st of that same year. UNITED CITY OF YORKVILLE WATER WELL NO. 10 PAGE 2 E. Ownership of Records and Documents: ENGINEER agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. ENGINEER agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the freedom of information act or if already previously disclosed by a third party. Upon termination of this agreement, ENGINEER agrees to return all such materials to the City. The City agrees not to modify any original documents produced by ENGINEER without contractor’s consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER’s sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER’s sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kendall County, Illinois. G. Independent Contractor: ENGINEER shall have sole control over the manner and means of providing the work and services performed under this agreement. The City’s relationship to the ENGINEER under this agreement shall be that of an independent contractor. ENGINEER will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery: The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in default for a period of six months or more in an amount of $600 or more on the repayment of any educational loan guaranteed by the Illinois State Scholarship Commission made by an Illinois institution of higher education or any other loan made from public funds for the purpose of financing higher education (5 ILCS 385/3). UNITED CITY OF YORKVILLE WATER WELL NO. 10 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 WATER WELL NO. 10 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: ENGINEER shall indemnify and hold harmless the City and City’s agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by ENGINEER or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of ENGINEER or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall the either party indemnify any other party for the consequences of that party’s negligence, including failure to follow the ENGINEER’s recommendations. J. Insurance: The ENGINEER agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied) K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attachments. Except for those terms included on the attachments, no additional terms are included as a part of this agreement. All prior understandings and UNITED CITY OF YORKVILLE WATER WELL NO. 10 PAGE 5 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 exhibits is as follows: Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Attachment C: Estimate of Level of Effort and Associated Cost Attachment D: Estimated Schedule Attachment E: Location Map Attachment F: 2023 Standard Schedule of Charges L. Notices: All notices required to be given under the terms of this agreement shall be given mail, addressed to the parties as follows: For the City: For the ENGINEER: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 800 Game Farm Road Sugar Grove Illinois 60554 Yorkville, IL 60560 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. Agreed to this _____day of __________________, 2024. 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 UNITED CITY OF YORKVILLE WATER WELL NO. 10 . 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 UNITED CITY OF YORKVILLE WATER WELL NO. 10 . 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 WATER WELL NO. 10 PAGE 1 Water Well No. 10 United City of Yorkville Professional Services Agreement - Construction Engineering Attachment B – Scope of Services CONSTRUCTION ENGINEERING • Project Administration • Facilitate Contracting with Village and Contractor • Pre-Con Meeting and Construction Progress Meetings (4 Total Meetings Max.) • Review Pay Applications (4 Max.) • Review Contractor’s Detailed Invoice and Prepare Cover Letter • Review and Track Contractor’s Waivers of Lien • Review Shop Drawings, O&M Manuals, and Warranty Info • Review RFI's and PCO's, and Prepare Change Orders (Max. of 2 Change Orders) • Construction Staking – New Well Location Only • Coordination with the City and Contractor • Construction Observation & Field Reports (Estimating Approximately 15 Hours Per Week for 16 Weeks for Construction Observation) • Prepare and Issue Construction Issue Well Schematic EXCLUSIONS The above scope of services for the Water Well No. 10 includes the following exclusions: • Excludes Certified Payroll Review • Excludes Property and Easement Acquisition Coordination • Excludes Board/Committee Presentations • Excludes Groundwater Modeling and Pilot Well • Excludes Special Permitting Related to Potential Sources of Contamination • Excludes Offsite Improvements, Including Offsite Utilities Improvements • Excludes Utility Improvements • Excludes Site Improvements • Surveying Includes Only Wellhead, Not Entire Property • Excludes Wetlands/Floodplain Permitting/Coordination • Excludes the Permanent Pump and Motor Design, Installation, and Startup • Local Funding will be Used for the Improvements The above scope for “Water Well No. 10” 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 YO2303PROJECT TITLE DATE PREPARED BYWELL NO. 10 - CONSTRUCTION ENGINEERING ENTITY DRAFTING ADMIN PROJECT SENIOR SR. PROJ.SENIOR ROLE PROJECT PROJECT PROJECT SURVEYOR PROJECT PRINCIPAL MANAGER ENGINEER I MANAGER W/GPS TECH ADMIN RATE $239 $231 $182 $208 $196 $159 $70 3.1 24 16 8 48 10,888$ 3.2 20 20 40 8,260$ 3.3 12 16 40 2 4 74 15,044$ 3.4 4 16 32 4 56 10,756$ 3.5 4 40 200 244 46,596$ 3.6 4 8 12 4 2 30 5,764$ Construction Engineering Subtotal:48 116 312 2 4 4 6 492 97,308$ 48 116 312 2 4 4 6 492 97,308 Notes:DIRECT EXPENSESNo Pilot Well; Scope Includes Design of One Permanent Ironton-Galesville Well with Design Production of 1,000 GPM Printing/Scanning = 150$ Well Site on Existing Yorkville High School Property South of the High School. Land Acquisition/Easements are Included in the Raw WM Scope.Mileage = 2,500$ Excludes Permanent Pump and Motor Design, Installation, and Startup Excludes Electrical Engineering DIRECT EXPENSES =2,650$ Local Funding LABOR SUMMARYEEI Labor Expenses = 97,308$ TOTAL LABOR EXPENSES 97,308$ TOTAL COSTS 99,958$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com PROJECT TOTAL: KEP2/14/24 COSTTASK NO.TASK DESCRIPTION HOURS CONSTRUCTION ENGINEEIRNG Project Administration and Contracting FacilitationPre-Construction Meeting and Progress Meetings (4 Total)FI's, Submittal Reviews, and Coordination with Village and ContractReview and Process Pay Applications, PCO's, and Change OrdersOnsite Construction Observation and Field ReportsConstruction Closeout Facilitation ENGINEERING SURVEYING ATTACHMENT D: ESTIMATED SCHEDULE CLIENT PROJECT NUMBERUnited City of Yorkville TBDPROJECT TITLE DATE PREPARED BYWater Well No. 10 - Construction Engineering KEP JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUNE JULY CONSTRUCTION ENGINEEIRNG 3.1 Project Administration and Contracting Facilitation3.2 Pre-Construction Meeting and Progress Meetings (4 Total)3.3 RFI's, Submittal Reviews, and Coordination with Village and Contractor3.4 Review and Process Pay Applications, PCO's, and Change Orders3.5 Onsite Construction Observation and Field Reports3.6 Construction Closeout Facilitation 52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com TASK NO.TASK DESCRIPTION 12/13/23 2024 2025 GF GF GF GF GF GF GF GF GF GF GFGF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GFGF GF GFGF GF GF GF GF GF GF GF GF GF GF GF GFGF GF GF GF GFGF GF GF GF GF GF GF GF GF GF GF GFGF GF GF GF GF !(!( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !(!( !(!( !(!( !( !( !( !(!( !( !( !( !(!(!( !( !( !( !( !( !( !(!( !( !( !( !(!( !( !(!(!( !(!( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( GF i! ( W Somonauk St Church StGameFarm Rd C o d y C t Carly Dr Prairie Ln C a rly C tWest StE Park St King StNBridgeStSunset AveE S o m o n a u k StCannonball TrlAppletree Ct W Spring StTower LnGeorgeanna StConover Ln Copyright nearmap 2015 Engineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 WATER MAINLOCATION MAP www.eeiweb.com DATE DATE: PROJECT NO.: FILE: PATH: BY: FEBRUARY 2023 YO2303 YO2303_ Water Main - Tower Sites.mxd H:\GIS\PUBLIC\YORKVILLE\2023\ MJT NO.REVISIONS ³United City of Yorkville800 Game Farm RoadYorkville, IL 60560630-553-4350www.yorkville.il.us 600 0300 Feet Legend i!ELEVATED WATER STORAGE TANK (EWST) GF WATER TREATMENT PLANT 45 BP/PRV STATION #PRV STATION (WELL !(VALVE GF HYDRANT EXISTING RAW WATER MAIN UNKNOWN WATER MAIN 3" WATER MAIN AND SMALLER 4" WATER MAIN 6" WATER MAN 8" WATER MAIN 10" WATER MAIN 12" WATER MAIN 16" WATER MAIN FLOODWAY FLOODPLAIN OPTION 1 OPTION 2 Attachment E 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 #7 Tracking Number PW 2024-20 Well No. 10 Raw Water Main Improvements Public Works Committee – February 20, 2024 Majority Consideration of Contract Award Well No. 10 Raw Water Main Improvements – Recommendation to Award Brad Sanderson Engineering Name Department Bids were received, opened and tabulated for work to be done on the Well No. 10 Raw Water Main Improvements at 11:00 a.m., February 15, 2024. Representatives of contractors bidding the project and our firm were in attendance. A tabulation of the bids and the engineer’s estimate is attached for your information and record. The low bid was below our engineer’s estimate and within the FY2025 budget. We recommend the acceptance of the bid and approval of award be made to the low bidder, Cecchin Site Utilities, 1701 Quincy Ave., Suite 500, Naperville, IL 60540, in the total amount of $1,335,053.00. If you have any questions or require additional information, please let us know. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Jori Behland, City Clerk Rob Fredrickson, Finance Director Date: February 15, 2024 Subject: Well No. 10 Raw Water Main Improvements Page 1 of 1BID TABULATIONENGINEER'S ESTIMATE Trine Construction J & S Construction Sewer And Water Inc Millennium Contracting Co.BIDS RECEIVED 11:00 A.M. 02/15/2024 52 Wheeler Road 1041 Trine Ct P.O. Box 760 5933 N Knox AveSugar Grove, IL 60554 St. Charles, IL-60174 Oswego, IL-60543 Chicago, IL-60646BID TOTAL$1,916,669.00 $1,445,300.00 $1,440,185.65 $1,699,356.00BID BOND XXXSIGNED BID XXXBID TABULATIONH. Linden & Sons Sewer and Water, Inc. Cecchin Site Utilities Performance Const & Eng, LLC Winninger Excavating, Inc.BIDS RECEIVED 11:00 A.M. 02/15/2024 722 E. South St., Unit D 1701 Quincy Ave. Suite 500 217 W. John Street 1211 Deer StPlano, IL-60545 Naperville, IL-60540 Plano, IL-60545 Yorkville, IL-60560BID TOTAL$1,408,980.00 $1,335,053.00 $1,398,880.00 $1,448,766.45BID BOND XXXXSIGNED BID XXXXBID TABULATIONJ. Congdon Sewer Service, Inc. Conley Excavating, Inc. Kane County ExcavatingBIDS RECEIVED 11:00 A.M. 02/15/2024 170-A Alexandra Way, 1555 Gramercy Pl PO Box 554Carol Stream, IL-60188 Morris, IL-60450 Hampshire, IL-60140BASE BID TOTAL$1,633,006.65 $1,353,590.00 $1,423,978.00BID BOND XXXSIGNED BID XXXBID SUMMARYWELL NO. 10 RAW WATER MAIN IMPROVEMENTSUNITED CITY OF YORKVILLEENGINEERING ENTERPRISES, INC.52 WHEELER ROAD, SUGAR GROVE, ILLINOIS BIDS RECD 2/15/2024ITEMUNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNIT UNITNO.DESCRIPTIONUNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICEAMOUNT1TREE ROOT PRUNINGEACH 3 250.00$ 750.00$ 300.00$ 900.00$ 150.00$ 450.00$ 500.00$ 1,500.00$ 175.00$ 525.00$ 402.50$ 1,207.50$ 400.00$ 1,200.00$ 110.00$ 330.00$ 200.00$ 600.00$ 200.00$ 600.00$ 215.00$ 645.00$ 2TREE PRUNING (EQUIPMENT CLEARANCE) LS 1 3,500.00$ 3,500.00$ 3,500.00$ 3,500.00$ 3,000.00$ 3,000.00$ 2,000.00$ 2,000.00$ 4,000.00$ 4,000.00$ 1,150.00$ 1,150.00$ 6,000.00$ 6,000.00$ 1,000.00$ 1,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 1,500.00$ 1,500.00$ 3TREE PROTECTIONEACH 10 150.00$ 1,500.00$ 250.00$ 2,500.00$ 150.00$ 1,500.00$ 250.00$ 2,500.00$ 200.00$ 2,000.00$ 115.00$ 1,150.00$ 600.00$ 6,000.00$ 200.00$ 2,000.00$ 125.00$ 1,250.00$ 75.00$ 750.00$ 350.00$ 3,500.00$ 4CONNECTION TO EXISTING WATER MAIN, 8-INCH EACH 2 3,975.00$ 7,950.00$ 2,530.00$ 5,060.00$ 4,500.00$ 9,000.00$ 4,500.00$ 9,000.00$ 6,000.00$ 12,000.00$ 5,400.00$ 10,800.00$ 4,300.00$ 8,600.00$ 4,000.00$ 8,000.00$ 6,000.00$ 12,000.00$ 6,600.00$ 13,200.00$ 6,400.00$ 12,800.00$ 5CONNECTION TO EXISTING WATER MAIN, 6-INCH EACH 1 3,950.00$ 3,950.00$ 2,585.00$ 2,585.00$ 4,200.00$ 4,200.00$ 4,500.00$ 4,500.00$ 4,800.00$ 4,800.00$ 5,400.00$ 5,400.00$ 3,600.00$ 3,600.00$ 3,000.00$ 3,000.00$ 5,000.00$ 5,000.00$ 6,500.00$ 6,500.00$ 6,200.00$ 6,200.00$ 6CONNECTION TO EXISTING WATER MAIN, 12-INCH EACH 3 4,525.00$ 13,575.00$ 4,050.00$ 12,150.00$ 5,000.00$ 15,000.00$ 5,300.00$ 15,900.00$ 6,500.00$ 19,500.00$ 7,200.00$ 21,600.00$ 5,400.00$ 16,200.00$ 5,000.00$ 15,000.00$ 7,000.00$ 21,000.00$ 7,500.00$ 22,500.00$ 8,400.00$ 25,200.00$ 7PRESSURE CONNECTION WITH TAPPING SLEEVE, AND 8" TAPPING VALVE IN VALVE BOX EACH 1 20,000.00$ 20,000.00$ 10,700.00$ 10,700.00$ 12,000.00$ 12,000.00$ 5,600.00$ 5,600.00$ 10,480.00$ 10,480.00$ 12,218.89$ 12,218.89$ 10,000.00$ 10,000.00$ 23,000.00$ 23,000.00$ 6,000.00$ 6,000.00$ 5,800.00$ 5,800.00$ 7,200.00$ 7,200.00$ 8WATER MAIN, CLASS 52, WITH POLYETHYLENE WRAP, 6-INCH LF 55 159.00$ 8,745.00$ 116.00$ 6,380.00$ 150.00$ 8,250.00$ 140.00$ 7,700.00$ 74.00$ 4,070.00$ 137.12$ 7,541.60$ 240.00$ 13,200.00$ 110.00$ 6,050.00$ 135.00$ 7,425.00$ 150.00$ 8,250.00$ 180.00$ 9,900.00$ 9WATER MAIN, CLASS 52, WITH POLYETHYLENE WRAP, 8-INCH LF 537 136.00$ 73,032.00$ 137.00$ 73,569.00$ 155.00$ 83,235.00$ 146.50$ 78,670.50$ 124.00$ 66,588.00$ 129.87$ 69,740.19$ 186.00$ 99,882.00$ 142.00$ 76,254.00$ 155.00$ 83,235.00$ 159.00$ 85,383.00$ 200.00$ 107,400.00$ 10WATER MAIN, CLASS 52, WITH POLYETHYLENE WRAP, 12-INCH LF 3,576 146.00$ 522,096.00$ 149.00$ 532,824.00$ 165.00$ 590,040.00$ 165.50$ 591,828.00$ 195.00$ 697,320.00$ 171.62$ 613,713.12$ 190.00$ 679,440.00$ 155.00$ 554,280.00$ 190.00$ 679,440.00$ 184.00$ 657,984.00$ 235.00$ 840,360.00$ 11STEEL CASING PIPE, BORED AND JACKED, 20-INCH DIA. 0.25-INCH THICKNESS FOOT 50 685.00$ 34,250.00$ 1,090.00$ 54,500.00$ 500.00$ 25,000.00$ 430.00$ 21,500.00$ 715.00$ 35,750.00$ 1,166.47$ 58,323.50$ 900.00$ 45,000.00$ 640.00$ 32,000.00$ 425.00$ 21,250.00$ 950.00$ 47,500.00$ 1,400.00$ 70,000.00$ 12GATE VALVE (RESILIENT SEAT) IN 60" VAULT, 12-INCH EACH 5 8,325.00$ 41,625.00$ 9,335.00$ 46,675.00$ 8,500.00$ 42,500.00$ 9,000.00$ 45,000.00$ 7,800.00$ 39,000.00$ 11,804.34$ 59,021.70$ 10,000.00$ 50,000.00$ 10,000.00$ 50,000.00$ 5,000.00$ 25,000.00$ 7,600.00$ 38,000.00$ 10,250.00$ 51,250.00$ 13GATE VALVE (RESILIENT SEAT) IN 60" VAULT, 8-INCH EACH 4 6,285.00$ 25,140.00$ 7,270.00$ 29,080.00$ 7,500.00$ 30,000.00$ 7,200.00$ 28,800.00$ 5,900.00$ 23,600.00$ 8,728.71$ 34,914.84$ 9,000.00$ 36,000.00$ 5,800.00$ 23,200.00$ 4,500.00$ 18,000.00$ 6,400.00$ 25,600.00$ 7,800.00$ 31,200.00$ 14GATE VALVE (RESILIENT SEAT) IN 60" VAULT, 6-INCH EACH 1 5,495.00$ 5,495.00$ 6,100.00$ 6,100.00$ 7,000.00$ 7,000.00$ 7,000.00$ 7,000.00$ 5,200.00$ 5,200.00$ 7,282.76$ 7,282.76$ 5,000.00$ 5,000.00$ 4,900.00$ 4,900.00$ 4,000.00$ 4,000.00$ 5,600.00$ 5,600.00$ 7,500.00$ 7,500.00$ 15FIRE HYDRANT ASSEMBLY, WITH AUXILIARY VALVE, 6-INCH MJ EACH 10 8,240.00$ 82,400.00$ 9,120.00$ 91,200.00$ 8,500.00$ 85,000.00$ 7,500.00$ 75,000.00$ 7,700.00$ 77,000.00$ 8,381.45$ 83,814.50$ 10,000.00$ 100,000.00$ 8,000.00$ 80,000.00$ 8,000.00$ 80,000.00$ 8,100.00$ 81,000.00$ 9,800.00$ 98,000.00$ 16FIRE HYDRANT TO BE REMOVEDEACH 3 665.00$ 1,995.00$ 800.00$ 2,400.00$ 250.00$ 750.00$ 1,100.00$ 3,300.00$ 2,200.00$ 6,600.00$ 539.46$ 1,618.38$ 750.00$ 2,250.00$ 750.00$ 2,250.00$ 450.00$ 1,350.00$ 350.00$ 1,050.00$ 950.00$ 2,850.00$ 17DUCTILE IRON FITTINGSLB 4,945 14.00$ 69,230.00$ 17.00$ 84,065.00$ 12.00$ 59,340.00$ 12.00$ 59,340.00$ 0.01$ 49.45$ 0.01$ 49.45$ 0.01$ 49.45$ 14.00$ 69,230.00$ 0.01$ 49.45$ 9.00$ 44,505.00$ 12.00$ 59,340.00$ 18WATER MAIN PROTECTION, PVC C-900, 18-INCH LF 23 190.00$ 4,370.00$ 163.00$ 3,749.00$ 85.00$ 1,955.00$ 75.00$ 1,725.00$ 190.00$ 4,370.00$ 255.57$ 5,878.11$ 85.00$ 1,955.00$ 210.00$ 4,830.00$ 50.00$ 1,150.00$ 95.00$ 2,185.00$ 180.00$ 4,140.00$ 19NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL - TYPE 1 TON 50 40.00$ 2,000.00$ 40.00$ 2,000.00$ 35.00$ 1,750.00$ 65.00$ 3,250.00$ 50.00$ 2,500.00$ 34.50$ 1,725.00$ 40.00$ 2,000.00$ 50.00$ 2,500.00$ 68.00$ 3,400.00$ 50.00$ 2,500.00$ 100.00$ 5,000.00$ 20NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL - TYPE 2 TON 50 40.00$ 2,000.00$ 60.00$ 3,000.00$ 35.00$ 1,750.00$ 65.00$ 3,250.00$ 50.00$ 2,500.00$ 34.50$ 1,725.00$ 40.00$ 2,000.00$ 50.00$ 2,500.00$ 68.00$ 3,400.00$ 60.00$ 3,000.00$ 100.00$ 5,000.00$ 21FOUNDATION MATERIALCY 50 95.00$ 4,750.00$ 49.00$ 2,450.00$ 30.00$ 1,500.00$ 50.00$ 2,500.00$ 60.00$ 3,000.00$ 57.50$ 2,875.00$ 1.00$ 50.00$ 1.00$ 50.00$ 55.00$ 2,750.00$ 100.00$ 5,000.00$ 60.00$ 3,000.00$ 22EXPLORATORY EXCAVATION EACH 3 500.00$ 1,500.00$ 500.00$ 1,500.00$ 350.00$ 1,050.00$ 150.00$ 450.00$ 500.00$ 1,500.00$ 1,350.00$ 4,050.00$ 500.00$ 1,500.00$ 450.00$ 1,350.00$ 250.00$ 750.00$ 250.00$ 750.00$ 1,000.00$ 3,000.00$ 23VALVE VAULT TO BE ABANDONEDEACH 5 500.00$ 2,500.00$ 1,000.00$ 5,000.00$ 350.00$ 1,750.00$ 1,100.00$ 5,500.00$ 500.00$ 2,500.00$ 270.00$ 1,350.00$ 500.00$ 2,500.00$ 300.00$ 1,500.00$ 250.00$ 1,250.00$ 250.00$ 1,250.00$ 600.00$ 3,000.00$ 24VALVE VAULT TO BE REMOVEDEACH 1 550.00$ 550.00$ 1,500.00$ 1,500.00$ 600.00$ 600.00$ 1,100.00$ 1,100.00$ 2,200.00$ 2,200.00$ 360.00$ 360.00$ 1,000.00$ 1,000.00$ 300.00$ 300.00$ 350.00$ 350.00$ 600.00$ 600.00$ 2,000.00$ 2,000.00$ 25VALVE BOX TO BE ABANDONEDEACH 1 100.00$ 100.00$ 500.00$ 500.00$ 200.00$ 200.00$ 500.00$ 500.00$ 300.00$ 300.00$ 102.86$ 102.86$ 150.00$ 150.00$ 50.00$ 50.00$ 50.00$ 50.00$ 100.00$ 100.00$ 250.00$ 250.00$ 26DISCONNECT AND ABANDON EXISTING WATER MAIN EACH 5 650.00$ 3,250.00$ 1,800.00$ 9,000.00$ 1,500.00$ 7,500.00$ 5,000.00$ 25,000.00$ 2,500.00$ 12,500.00$ 1,080.00$ 5,400.00$ 3,000.00$ 15,000.00$ 3,000.00$ 15,000.00$ 5,000.00$ 25,000.00$ 500.00$ 2,500.00$ 5,000.00$ 25,000.00$ 27INLET PROTECTIONEACH 4 200.00$ 800.00$ 250.00$ 1,000.00$ 150.00$ 600.00$ 150.00$ 600.00$ 200.00$ 800.00$ 189.75$ 759.00$ 250.00$ 1,000.00$ 140.00$ 560.00$ 50.00$ 200.00$ 250.00$ 1,000.00$ 175.00$ 700.00$ 28WATER MAIN TESTING - PRESSURE AND DISINFECTION LS 1 8,000.00$ 8,000.00$ 8,300.00$ 8,300.00$ 15,000.00$ 15,000.00$ 6,500.00$ 6,500.00$ 8,000.00$ 8,000.00$ 2,228.67$ 2,228.67$ 5,000.00$ 5,000.00$ 1,000.00$ 1,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 12,000.00$ 12,000.00$ 29STORM SEWER REMOVAL AND REPLACEMENT, PVC ASTM 2241, 6-INCH LF 30 55.00$ 1,650.00$ 89.00$ 2,670.00$ 75.00$ 2,250.00$ 68.00$ 2,040.00$ 22.00$ 660.00$ 73.94$ 2,218.20$ 70.00$ 2,100.00$ 82.00$ 2,460.00$ 50.00$ 1,500.00$ 100.00$ 3,000.00$ 120.00$ 3,600.00$ 30STORM SEWER REMOVAL AND REPLACEMENT, PVC WATER MAIN QUALITY, 30-INCH LF 24 325.00$ 7,800.00$ 430.00$ 10,320.00$ 100.00$ 2,400.00$ 95.00$ 2,280.00$ 200.00$ 4,800.00$ 516.90$ 12,405.60$ 200.00$ 4,800.00$ 320.00$ 7,680.00$ 180.00$ 4,320.00$ 300.00$ 7,200.00$ 500.00$ 12,000.00$ 31SANITARY SEWER REMOVAL AND REPLACEMENT, PVC SDR26, 8-INCH LF 21 385.00$ 8,085.00$ 109.00$ 2,289.00$ 85.00$ 1,785.00$ 68.00$ 1,428.00$ 75.00$ 1,575.00$ 131.98$ 2,771.58$ 100.00$ 2,100.00$ 210.00$ 4,410.00$ 120.00$ 2,520.00$ 110.00$ 2,310.00$ 165.00$ 3,465.00$ 32HMA CLASS 'D' PATCH, 4"SY 1,868 47.00$ 87,796.00$ 51.00$ 95,268.00$ 43.00$ 80,324.00$ 47.00$ 87,796.00$ 42.40$ 79,203.20$ 46.00$ 85,928.00$ 44.00$ 82,192.00$ 44.00$ 82,192.00$ 42.40$ 79,203.20$ 44.00$ 82,192.00$ 50.00$ 93,400.00$ 33HOT-MIX ASPHALT SURFACE REMOVAL - FULL DEPTH WATER MAIN TRENCH SY 1,868 8.00$ 14,944.00$ 6.00$ 11,208.00$ 4.00$ 7,472.00$ 6.50$ 12,142.00$ 4.00$ 7,472.00$ 13.80$ 25,778.40$ 3.00$ 5,604.00$ 10.00$ 18,680.00$ 3.00$ 5,604.00$ 30.00$ 56,040.00$ 10.00$ 18,680.00$ 34HOT-MIX ASPHALT BIKE PATH REMOVAL AND REPLACEMENT SY 234 63.00$ 14,742.00$ 65.00$ 15,210.00$ 50.00$ 11,700.00$ 47.00$ 10,998.00$ 44.00$ 10,296.00$ 46.00$ 10,764.00$ 40.00$ 9,360.00$ 48.00$ 11,232.00$ 44.00$ 10,296.00$ 66.00$ 15,444.00$ 50.00$ 11,700.00$ 35COMB. CONC. CURB AND GUTTER REMOVAL AND REPLACEMENT FOOT 30 82.00$ 2,460.00$ 125.00$ 3,750.00$ 65.00$ 1,950.00$ 65.00$ 1,950.00$ 70.00$ 2,100.00$ 102.35$ 3,070.50$ 70.00$ 2,100.00$ 60.00$ 1,800.00$ 50.00$ 1,500.00$ 69.00$ 2,070.00$ 70.00$ 2,100.00$ 36PORTLAND CEMENT CONCRETE SIDEWALK REMOVAL AND REPLACEMENT SQFT 1,800 16.00$ 28,800.00$ 13.00$ 23,400.00$ 12.00$ 21,600.00$ 22.50$ 40,500.00$ 17.00$ 30,600.00$ 21.22$ 38,196.00$ 16.00$ 28,800.00$ 18.00$ 32,400.00$ 11.25$ 20,250.00$ 17.00$ 30,600.00$ 45.00$ 81,000.00$ 37DETECTABLE WARNINGSQFT 30 43.00$ 1,290.00$ 45.00$ 1,350.00$ 42.00$ 1,260.00$ 100.00$ 3,000.00$ 42.00$ 1,260.00$ 47.15$ 1,414.50$ 40.00$ 1,200.00$ 48.00$ 1,440.00$ 42.00$ 1,260.00$ 45.00$ 1,350.00$ 35.00$ 1,050.00$ 38INLET TO REMOVED AND RESETEACH 1 4,700.00$ 4,700.00$ 1,500.00$ 1,500.00$ 3,000.00$ 3,000.00$ 1,100.00$ 1,100.00$ 1,600.00$ 1,600.00$ 1,080.00$ 1,080.00$ 1,500.00$ 1,500.00$ 500.00$ 500.00$ 890.00$ 890.00$ 2,500.00$ 2,500.00$ 1,000.00$ 1,000.00$ 39HOT-MIX ASPHALT DRIVEWAY REMOVAL AND REPLACEMENT SY 117 76.00$ 8,892.00$ 69.00$ 8,073.00$ 56.00$ 6,552.00$ 60.00$ 7,020.00$ 56.00$ 6,552.00$ 212.75$ 24,891.75$ 42.00$ 4,914.00$ 61.00$ 7,137.00$ 56.00$ 6,552.00$ 76.00$ 8,892.00$ 50.00$ 5,850.00$ 40AGGREGATE PATH REMOVAL AND REPLACEMENT SY 583 17.00$ 9,911.00$ 25.00$ 14,575.00$ 7.00$ 4,081.00$ 8.50$ 4,955.50$ 5.00$ 2,915.00$ 20.75$ 12,097.25$ 20.00$ 11,660.00$ 10.00$ 5,830.00$ 4.00$ 2,332.00$ 30.00$ 17,490.00$ 18.00$ 10,494.00$ 41PAINT PAVEMENT MARKING - LINE, 4-INCH LF 160 22.00$ 3,520.00$ 36.00$ 5,760.00$ 3.00$ 480.00$ 10.00$ 1,600.00$ 7.00$ 1,120.00$ 6.90$ 1,104.00$ 9.00$ 1,440.00$ 20.00$ 3,200.00$ 15.00$ 2,400.00$ 20.00$ 3,200.00$ 10.00$ 1,600.00$ 42RIP RAP REMOVAL AND REPLACEMENT SY 65 66.00$ 4,290.00$ 80.00$ 5,200.00$ 40.00$ 2,600.00$ 15.00$ 975.00$ 60.00$ 3,900.00$ 28.75$ 1,868.75$ 60.00$ 3,900.00$ 85.00$ 5,525.00$ 10.00$ 650.00$ 75.00$ 4,875.00$ 35.00$ 2,275.00$ 43RESTORATIONSQYD 8,600 10.00$ 86,000.00$ 3.50$ 30,100.00$ 10.00$ 86,000.00$ 12.50$ 107,500.00$ 11.00$ 94,600.00$ 13.80$ 118,680.00$ 7.00$ 60,200.00$ 11.00$ 94,600.00$ 10.00$ 86,000.00$ 24.00$ 206,400.00$ 12.00$ 103,200.00$ 44RESTORATION (SOD)SQYD 3,140 19.00$ 59,660.00$ 15.00$ 47,100.00$ 19.00$ 59,660.00$ 18.50$ 58,090.00$ 19.00$ 59,660.00$ 13.80$ 43,332.00$ 15.00$ 47,100.00$ 20.00$ 62,800.00$ 19.00$ 59,660.00$ 21.00$ 65,940.00$ 15.00$ 47,100.00$ 45TRAFFIC CONTROL AND PROTECTION LSUM 1 8,500.00$ 8,500.00$ 35,800.00$ 35,800.00$ 62,366.00$ 62,366.00$ 35,000.00$ 35,000.00$ 48,000.00$ 48,000.00$ 6,200.00$ 6,200.00$ 30,000.00$ 30,000.00$ 50,000.00$ 50,000.00$ 300,210.00$ 300,210.00$ 74,086.00$ 74,086.00$ 85,000.00$ 85,000.00$ 46SILT FENCEFOOT 1,740 4.00$ 6,960.00$ 4.50$ 7,830.00$ 2.00$ 3,480.00$ 3.50$ 6,090.00$ 3.00$ 5,220.00$ 4.31$ 7,499.40$ 3.00$ 5,220.00$ 4.00$ 6,960.00$ 4.00$ 6,960.00$ 9.00$ 15,660.00$ 3.00$ 5,220.00$ 47ALLOWANCE - ITEMS ORDERED BY THE ENGINEER UNIT 30,000 1.00$ 30,000.00$ 1.00$ 30,000.00$ 1.00$ 30,000.00$ 1.00$ 30,000.00$ 1.00$ 30,000.00$ 1.00$ 30,000.00$ 1.00$ 30,000.00$ 1.00$ 30,000.00$ 1.00$ 30,000.00$ 1.00$ 30,000.00$ 1.00$ 30,000.00$ BID TOTAL (ITEMS 1-47)1,335,053.00$ 1,353,590.00$ 1,398,880.00$ 1,423,978.00$ 1,440,185.65$ 1,445,300.00$ 1,448,766.45$ 1,408,980.00$ 1,633,006.65$ 1,699,356.00$ 1,916,669.00$ ABOVE/BELOW ENGINEERS ESTIMATE-30.35% -29.38% -27.02% -25.71% -24.86% -24.59% -24.41% -26.49% -14.80% -11.34% -J & S Construction Sewer And Water IncH. Linden & Sons Sewer and Water, Inc.Yorkville, IL-60560 Plano, IL-60545 1211 Deer St 722 E. South St., Unit D 170-A Alexandra Way,Carol Stream, IL-60188Naperville, IL-60540 Morris, IL-60450 Plano, IL-60545 Hampshire, IL-60140 Oswego, IL-60543 St. Charles, IL-60174Trine Construction Winninger Excavating, Inc. J. Congdon Sewer Service, Inc.1701 Quincy Ave. Suite 500 1555 Gramercy Pl 217 W. John Street PO Box 554 P.O. Box 760 1041 Trine CtBID TABULATIONCecchin Site Utilities Conley Excavating, Inc. Performance Const & Eng, LLC Kane County ExcavatingBID TABULATION WELL NO. 10 RAW WATER MAIN IMPROVEMENTSUNITED CITY OF YORKVILLEMillennium Contracting Co.5933 N Knox AveChicago, IL-60646ENGINEER'S ESTIMATE52 Wheeler RoadSugar Grove, IL 60554ENGINEERING ENTERPRISES, INC.52 WHEELER ROAD, SUGAR GROVE, ILLINOIS GF GF GF GF GF GF GF GF GF GF GF GFGF GF GF GF GF GF GF GF GF GF GF GF GFGF GF GF GF GF GF GF GF GF GF GF GF GF GF GFGF GF GFGF GF GFGF GFGF GF GF GF GF GF GF GF GF GF !(!( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !(!( !( !( !(!( !( !( !( !(!(!( !( !( !( !( !(!( !( !( !( !(!( !( !(!(!( !(!( !( !( !( !(!( !(!( !( !( !( !(!(!( !( !(!( !( !( !( !( !( !( !( !(!( !(!( !( !( !(!( !(!( !( !( !( !( !(!( !( !(River BridgeCenter KingMainGame FarmSomonauk ChurchPleasure Conover WestGeorgeannaPrairie SpringTower Engineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 Legend Proposed Raw Water Main !(VALVE GF HYDRANT Water Main UNKNOWN WATER MAIN Diameter 3" WATER MAIN AND SMALLER 4" WATER MAIN 6" WATER MAN 8" WATER MAIN 10" WATER MAIN 12" WATER MAIN 16" WATER MAIN LOCATION MAPWELL NO.10 RAW WATER MAIN IMPROVEMENTSwww.eeiweb.com DATE: PROJECT NO.: FILE: PATH: BY: FEBRUARY 2024 YO2315 YO2315_Water Main Replacement Attachment E. MXD H:\GIS\PUBLIC\YORKVILLE\2023\ MJT ³ 1,000 0500 Feet Proposed Well No. 10 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 2024-21 Well No. 10 Raw Water Main Improvements – Construction Engineering Agreement Public Works Committee – February 20, 2024 Majority Approval Please see the attached memo. Bart Olson Administration Name Department Summary Consideration of a construction engineering agreement with EEI for the Well 10 raw water main project. Background This item was last discussed in March 2023, when the City Council approved a design engineering contract for the Well 10 project. As a general refresher, this tenth well in the City is expected to be constructed on the Yorkville High School property in the next couple years to provide for interim water supply capacity until Lake Michigan water is received, and thereafter as another backup well. Well 10 will pump water from the aquifer into a raw water main that will connect to the City’s water treatment facility at Game Farm Road. Since last March, the project has been designed and put out to bid (bid award earlier on this meeting agenda). In addition to the bid award, the City will need an intergovernmental agreement with the School District to cover use of the well location. That intergovernmental agreement is expected to be ready for consideration in March. Accordingly, EEI has submitted a construction engineering contract for the Well 10 raw water main project. The agreement submitted by EEI covers construction engineering services only. The total cost of the contract is an estimated amount of $156,048. Funds for this contract are included in the FY 24 budget and proposed FY 25 budget. Recommendation Staff recommends approval of the construction engineering agreement with EEI for the Well 10 raw water main project. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: February 15, 2024 Subject: Well 10 raw water main construction engineering agreement UNITED CITY OF YORKVILLE WELL NO. 10 RAW WATER MAIN IMPROVEMENTS PAGE 1 Agreement for Professional Services Well No. 10 Raw Water Main Improvements Construction Engineering THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred to as the "City" or “OWNER” and Engineering Enterprises, Inc. hereinafter referred to as the "Contractor" or “ENGINEER” agrees as follows: A. Services: 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 in the included Attachment A. Construction engineering will be provided for approximately 3,576 linear feet of 12-inch, 537 linear feet 8-inch, and 55 linear feet 6-inch water main improvements and appurtenances, as well as required HMA patching and restoration along Game Farm Road, Tower Lane, and Yorkville High School property. (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 ENGINEER: ENGINEER shall receive as compensation for all work and services to be performed herein, an amount based on the Estimate of Level of Effort and Associated Cost included in Attachment C. Construction Engineering will be paid for Hourly (HR) at the actual rates for services to be performed, currently estimated at $156,048. Direct expenses are estimated at $11,050. The hourly rates for this project are shown in the attached 2023 Standard Schedule of Charges (Attachment F). All payments will be made according to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract is designated in Section B hereof as an Ongoing Contract, ENGINEER, on or before February 1st of any given year, shall provide UNITED CITY OF YORKVILLE WELL NO. 10 RAW WATER MAIN IMPROVEMENTS PAGE 2 written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after May 1st of that same year. E. Ownership of Records and Documents: 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, the Contractor agrees to return all such materials to the City. The City agrees not to modify any original documents produced by the Contractor without the Contractor’s consent. Modification 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 with the Contractor under this agreement shall be that of an independent contractor. The Contractor will not be considered an employee of 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 UNITED CITY OF YORKVILLE WELL NO. 10 RAW WATER MAIN IMPROVEMENTS PAGE 3 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 UNITED CITY OF YORKVILLE WELL NO. 10 RAW WATER MAIN IMPROVEMENTS PAGE 4 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 either party indemnify any other party for the consequences of that party’s negligence, including failure to follow the ENGINEER’s recommendations. J. Insurance: The ENGINEER agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied) K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attachments. Except for those terms included on the attachments, no additional terms are included as a part of this agreement. All prior understandings and agreements between the UNITED CITY OF YORKVILLE WELL NO. 10 RAW WATER MAIN IMPROVEMENTS PAGE 5 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 exhibits is as follows: Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Attachment C: Estimate of Level of Effort and Associated Cost Attachment D: Estimated Schedule Attachment E: Location Map Attachment F: 2023 Standard Schedule of Charges L. Notices: All notices required to be given under the terms of this agreement shall be given by mail, addressed to the parties as follows: For the City: For the ENGINEER: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 651 Prairie Pointe Drive 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 __________________, 2024. 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 WELL NO. 10 RAW WATER MAIN IMPROVEMENTS PAGE 1 Well No. 10 Raw Water Main Improvements United City of Yorkville Professional Services Agreement – Construction Engineering Attachment B – Scope of Services The United City of Yorkville intends to install approximately 3,576 linear feet of 12-inch, 537 linear feet 8-inch, and 55 linear feet 6-inch water main improvements and appurtenances, as well as required HMA patching and restoration along Game Farm Road, Tower Lane, and Yorkville High School property. Our proposed scope of services for Construction Engineering will include the following: CONSTRUCTION ENGINEERING – WELL NO. 10 3.1 Construction Administration • Prepare for, Attend, and Facilitate the Preconstruction Meeting with the Contractor Including Preparation of Meeting Minutes • Shop Drawing Review • Prepare and Handout Construction Notice Flyers to Residents Including Temporary Water Loss Notices • Coordinate with City Services (Garbage, Mail, Etc.) • Review Engineering Plans, Specifications and Prepare Field Book • Prepare Pay Estimates and Change Orders • Gather Invoices and Waivers of Lien • Provide Weekly Updates to the City or as Required Based on Onsite Activities 3.2 Construction Layout and Record Drawings • Stake Proposed Water Main • Perform Post Construction Field Survey for Record Drawings • Prepare and Review Record Drawings 3.3 Construction Observation and Documentation • Review Staked Water Main • Take Pre-Construction Videos and Photos of Pre-Existing Conditions • Provide Resident Engineering Services for Construction • Coordinate Any Required Testing on Behalf of the City and Review Test Reports • Provide Quantity Tracking, Documentation, and Daily Field Reports • Perform Punch Walks, Prepare Punch List Letters, and Provide Follow Up Inspections and Recommend Acceptance When Appropriate (2 Each) • Prepare Project Closeout Paperwork The following scope of services will be provided by EEI’s Subconsultant: • Rubino Engineering – Material Testing for Quality Assurance The above scope for “Well No. 10 Raw Water Main Improvements” 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 YorkvilleYO2303-PPROJECT TITLEDATE PREPARED BYWell No. 10 Raw Water Main Improvements 2/9/24ROLE PIC PM PE PT PM SPT2 PE ADMINRATE $239 $204 $162 $146 $204 $167 $162 $70CONSTRUCTION ENGINEERING3.1 Contract Administration 8 70 10 85 - - - 2 175 30,362$ 3.2 Construction Layout and Record Drawings - 6 - 4 9 60 18 - 97 16,580$ 3.3 Observation and Documentation 2 26 44 656 - - - 6 734 109,106$ Construction Engineering Subtotal: 10 102 54 745 9 60 18 8 1,006 156,048$ 10 102 54 745 9 60 18 8 1,006 156,048 DIRECT EXPENSESPrinting/Scanning = 150$ Vehicle = 3,900$ Material Testing = 7,000$ Environmental Assessment = -$ DIRECT EXPENSES = 11,050$ LABOR SUMMARYEEI Labor Expenses = 142,946$ Surveying Expenses = 13,102$ Drafting Expenses = -$ TOTAL LABOR EXPENSES156,048$ TOTAL COSTS 167,098$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.comPROJECT TOTAL:KDWTASK NO.TASK DESCRIPTIONHOURS COST ATTACHMENT D: ESTIMATED SCHEDULECLIENT PROJECT NUMBERUnited City of Yorkville YO2303-PPROJECT TITLE DATE PREPARED BYWell No. 10 Raw Water Main Improvements KDW1234123412341234123412341234CONSTRUCTION ENGINEERING 3.1 Contract Administration 3.2 Construction Layout and Record Drawings 3.3 Observation and Documentation - Water Main 52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.comTASK NO.TASK DESCRIPTION2024April May June July2/9/2024August SeptemberOctober GF GF GF GF GF GF GF GF GF GF GF GFGF GF GF GF GF GF GF GF GF GF GF GF GFGF GF GF GF GF GF GF GF GF GF GF GF GF GF GFGF GF GFGF GF GFGF GFGF GF GF GF GF GF GF GF GF GF !(!( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !(!( !( !( !(!( !( !( !( !(!(!( !( !( !( !( !(!( !( !( !( !(!( !( !(!(!( !(!( !( !( !( !(!( !(!( !( !( !( !(!(!( !( !(!( !( !( !( !( !( !( !( !(!( !(!( !( !( !(!( !(!( !( !( !( !( !(!( !( !(River BridgeCenter KingMainGame FarmSomonauk ChurchPleasure Conover WestGeorgeannaPrairie SpringTower Engineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 Legend Proposed Raw Water Main !(VALVE GF HYDRANT Water Main UNKNOWN WATER MAIN Diameter 3" WATER MAIN AND SMALLER 4" WATER MAIN 6" WATER MAN 8" WATER MAIN 10" WATER MAIN 12" WATER MAIN 16" WATER MAIN ATTACHMENT E WELL NO.10 RAW WATER MAIN IMPROVEMENTSwww.eeiweb.com DATE: PROJECT NO.: FILE: PATH: BY: FEBRUARY 2024 YO2315 YO2315_Water Main Replacement Attachment E. MXD H:\GIS\PUBLIC\YORKVILLE\2023\ MJT ³ 1,000 0500 Feet Proposed Well No. 10 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 ATTACHMENT F