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Public Works Packet 2024 07-16-24 AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday, July 16, 2024 6:00 p.m. East Conference Room #337 651 Prairie Pointe Drive, Yorkville, IL Citizen Comments: Minutes for Correction/Approval: June 18, 2024 New Business: 1. PW 2024-53 Capital Improvement Projects Update 2. PW 2024-54 Quarterly Bond and Letter of Credit Reduction Summary 3. PW 2024-55 Heartland Meadows – One Year Maintenance Guarantee Release 4. PW 2024-56 Windett Ridge Unit 2 – Consideration of Acceptance 5. PW 2024-57 Timber Ridge Estates Water Main Extension – Plat of Easement 6. PW 2024-58 2024 Local Road Program – Change Order No. 1 (Faxon Road) 7. PW 2024-59 2023 Water Main Replacement – Contract A – Change Order No. 2 (Final Balancing) 8. PW 2024-60 Water Audit Update 9. PW 2024-61 Route 126 Water Main Improvements – Design Engineering Agreement 10. PW 2024-62 Lake Michigan South Receiving Station Standpipe – Design Engineering Agreement 11. PW 2024-63 Northwest Elevated Water Storage Tank – Design Engineering Agreement 12. PW 2024-64 YBSD Water Main Extension – Contract Award 13. PW 2024-65 YBSD Water Main Extension – 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, July 16, 2024 6:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. June 18, 2024 □ Approved __________ □ As presented □ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2024-53 Capital Improvement Projects Update □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2024-54 Quarterly Bond and Letter of Credit Reduction Summary □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2024-55 Heartland Meadows – One Year Maintenance Guarantee Release □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2024-56 Windett Ridge Unit 2 – Consideration of Acceptance □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2024-57 Timber Ridge Estates Water Main Extension – Plat of Easement □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2024-58 2024 Local Road Program – Change Order No. 1 (Faxon Road) □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2024-59 2023 Water Main Replacement – Contract A – Change Order No. 2 (Final Balancing) □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 8. PW 2024-60 Water Audit Update □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 9. PW 2024-61 Route 126 Water Main Improvements – Design Engineering Agreement □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 10. PW 2024-62 Lake Michigan South Receiving Station Standpipe – Design Engineering Agreement □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 11. PW 2024-63 Northwest Elevated Water Storage Tank – Design Engineering Agreement □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 12. PW 2024-64 YBSD Water Main Extension – Contract Award □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 13. PW 2024-65 YBSD Water Main Extension – 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 – June 18, 2024 Public Works Committee – July 16, 2024 Majority Committee Approval Minute Taker Name Department DRAFT Page 1 of 2 UNITED CITY OF YORKVILLE PUBLIC WORKS COMMITTEE Tuesday, June 18, 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 via Zoom Other City Officials Assistant City Administrator Erin Willrett Public Works Director Eric Dhuse Engineer Brad Sanderson, EEI Other Guests: None The meeting was called to order at 6:00pm by Chairman Ken Koch. Citizen Comments: None Previous Meeting Minutes: May 21, 2024 The minutes were approved as presented on a unanimous voice vote. New Business: 1. PW 2024-47 2023 Water Main Replacement Contract B – Balancing Change Order No. 2 Mr. Sanderson said this is the final balancing Change Order for the second project from last year. The contractor and city agreed on the quantities which resulted in an increase of $86,000 for Contract A, still below budget. Additional curb and gutter needed replacing and adjustments were made to connections along with additional restoration. He recommended approval and this will move to the consent agenda. 2. PW 2024-48 Corneils Road Interceptor Sewer – Balancing Change Order No. 3 This project was thought to be done a year ago, but it was discovered a quantity was not accounted for. This is an increase but, still less than contract value. Mr. Sanderson recommended approval and the committee agreed, moving it to the consent agenda. 3. PW 2024-49 Public Works Equipment and Truck Purchase a. Purchase of a Trackless MT7 Utility Tractor b. Purchase of a 2024 Ford F-350 Mr. Dhuse said the Trackless utility tractor is an engine with a cab allowing various attachments to be added. He said this unit is used equipment and will be used for mowing, snow removal and loading leaves, etc. He said it is equivalent to getting 5 tractors in one. It is budgeted and the price is about $12,000 less than budget. It can also be used on snow removal on the bridge and is easier to maneuver in the downtown or on trails. This will move to the Council regular agenda. Three quotes were obtained for the 1-ton truck and the price was $56,221 at Haggerty Ford in West Chicago. It is under budget and will be able to be used for snowplowing later. The committee was OK with this and it moves to the Council regular agenda. Page 2 of 2 4. PW 2024-50 Resolution Approving an Intergovernmental Agreement Between the United City of Yorkville and Yorkville-Bristol Sanitary District Director Dhuse said this is for water main down Center St., through Jaycee Park, under the creek and under River Rd. to arrive at the YBSD expansion. The city is asking YBSD to oversize this and the city will incur costs of $93,072. He said the city is waiting for one more approval from the Army Corps of Engineers. Mr. Sanderson said they are working with Army Corps and bids were taken, but none will be awarded until the permitting is resolved. This will be brought back to the July Public Works meeting, but the committee did approve the agreement. 5. PW 2024-51 Lake Michigan South Receiving Station – Design Engineering Agreement 6. PW 2024-52 Lake Michigan North Receiving Station – Design Engineering Agreement Mr. Dhuse said the cost of the south station is $269,743, slightly more than the north station and includes the survey work. A professional acquisition person will assist and insure it is eligible for the WIFIA program. It is located at Restore Church and a design will be needed to meet the deadlines. The north side receiving station is expected to be near Bright Farms. Mr. Sanderson said steps need to be taken to acquire land and do the design work and he said DWC is also pushing for the work to be done. At the July Public Works meeting, the tanks will be discussed and there will be a separate contract for them. The committee discussed the style of water towers and costs and Mr. Sanderson explained the mechanics behind the globe-type vs. the stand pipe. Mr. Dhuse noted that the north side receiving station funding is through the SRF (State Revolving Fund) rather than WIFIA. The city must have this bid by the end of this year to use the SRF money. These items move to the regular agenda. Old Business: None Additional Business: Alderman Corneils asked about the sealcoating machine purchased last year and if there is a schedule of work. Mr. Dhuse said work will be done in July and August and the schedule will be provided. Trails in Raintree and Windett Ridge will be done after some patchwork. He listed other work that has already been done. In response to an earlier query by Chairman Koch, a draft summary of Lake Michigan water project costs was provided. Mr. Koch asked about money spent on fixing leaks and if it was in the report. He suggested it might be appropriate to discuss this report at the Administration Committee meeting. There was no further business and the meeting adjourned at 6:25pm. 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 2024-53 Capital Project Update Public Works Committee – July 16, 2024 None Informational A status update on projects will be given. Brad Sanderson Engineering Name Department The purpose of this memo is to update the Public Works Committee as to the status of the several projects. A summary of the status of the projects is provided below: Construction Projects 2024 Water Main Replacement Program – Contract A Construction is underway and estimated to be 40% complete. The contract completion date is November 8th. 2024 Water Main Replacement Program – Contract B Construction is substantially complete. The contract completion date is July 31st. Well 10 Raw Water Main Construction is underway and estimated to be 80% complete. The contract substantial completion date is August 10th with a final of October 15th. Well 10 The contract has been awarded. Work is expected to begin in October. The contract completion date is April 2025. 2024 RTBR Construction is underway and estimated to be 50% complete. The contract substantial completion date is July 26th with a final of September 27th. 2024 Local Road Program A preconstruction meeting will be scheduled soon. The contract completion date is October 18th. Planning/Design Projects WIFIA Loan Application The application is complete. YBSD/Center Street Water Main Contract award is pending permit approval. Rt 47 Water Main Replacement – Water Park Way to Jericho Design engineering has begun and is approximately 95% complete. 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: July 3, 2024 Subject: Capital Improvement Projects Update Well No. 7 Electrical Design engineering has commenced. We are anticipating an August letting. Eldamain Water Main Loop Design engineering has commenced. Easement acquisition is in process. Southern Sanitary Sewer Connection Design engineering has commenced. Easement acquisition is in process. Corneils Sanitary Sewer Design engineering has commenced. Easement acquisition is in process. 2025 Water Main Replacement Design engineering has commenced. LM – North Receiving Station Design engineering has commenced. LM – South Receiving Station Design engineering has commenced. LM – Bluestem Water Main Improvements Design engineering has commenced. Kennedy / Freedom Place Intersection Improvements Contract award is pending final land acquisition. Van Emmon Street STP Design engineering has begun and is approximately 90% complete. We are targeting a September letting. Pavement Management Update The field acquisition of data is complete. Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number New Business #2 Tracking Number PW 2024-54 Bond/LOC Reduction Summary Through June 30, 2024 Public Works Committee – July 16, 2024 None Informational Brad Sanderson Engineering Name Department Please see the attached reduction summary through June 30, 2024. If you have any questions, please let me know. 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: July 3, 2024 Subject: 2024 Bond/LOC Reduction Summary 30-Jun-24 2024 Bond and Letter of Credit Reduction Report Date Development/Project Engineer Concurrence City Administrator Concurrence Mayor Concurrence Reduction Final Release Reduction Value Remaining Balance 1/4/2024 Bristol Bay Unit 10 X X X 1,935,804.50$ 486,992.50$ 1/4/2024 Bristol Bay Unit 12 X X X 737,852.00$ 217,451.80$ 1/25/2024 Grande Reserve Units 13, 14 and 23 Sidewalk X X X 26,120.00$ 18,760.00$ 2/27/2024 Ashley Road Improvements X X X 48,401.17$ -$ 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 2024-55 Heartland Meadows – Performance Guarantee Release Public Works Committee – July 16, 2024 Majority Consideration of Approval Release of Guarantee Brad Sanderson Engineering Name Department The developer has completed the remaining punchlist items from the one-year warranty period and we are now recommending a full release of their remaining performance guarantee provided in the form of a collateral account. The value of the guarantee to be released is $133,399.30. The public improvements were accepted on May 23, 2023. The developer will provide a separate guarantee to cover the costs of the remaining sidewalk within the undeveloped four lots. That guarantee will be released after completion of all sidewalks. The full guarantee of $133,399.30 should not be released until the sidewalk security is in place. Please let us know if you have any questions. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Jori Behland, City Clerk Date: June 20, 2024 Subject: Heartland Meadows ()-()-()-PARK WALNUT JACKSONBRIDGE ELM LIBERTYBRISTOLALEXANDRA FREEMONT720 711 607 713 715 111 803 805 910 702 608 708 201 906 804 204 205 204 208 205 206 920 924 928 207 208 302 304 301 1065 306 1063 304 303 1061 307 308 1051 306 1047 307 901 1043 310 603 308 401 804 804 402 788 401 905 801 803 805 807 809 811840 838 836 834 832 830 828 826824822820818816814 813 811 809 807 805 803 801812 810 808 806 802 800 800 841 839 837 835 833 831 802 804 806 808 810 Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 HEARTLAND MEADOWS LOCATION MAP www.eeiweb.com DATE DATE: PROJECT NO.: FILE: PATH: BY: JUNE 2024 YO1343 YO1343_Heartland_Meadows_Location_Map.MXD H:\GIS\PUBLIC\YORKVILLE\2013\ MJT NO.REVISIONS ³United City of Yorkville 651 Prairie Pointe Drive, Yorkville, IL 60560 630-553-4350www.yorkville.il.us UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS Legend Heartland Meadows Boundary Roadway Acceptance Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number New Business #4 Tracking Number PW 2024-56 Windett Ridge – Unit 2 – One Year Maintenance Guarantee Release Public Works Committee – July 16, 2024 Majority Consideration of Approval Subdivision Acceptance Consideration Brad Sanderson Engineering Name Department The developer has requested that the City accept the public improvements for ownership and maintenance. All work related to the public improvements, including punch list work, has been completed. We recommend that the public improvements (water main, sanitary sewer, storm sewer, paving, sidewalk, street lighting and parkway trees) as described in the attached Bill of Sale be accepted for ownership and maintenance by the City. As required by City Code, the developer will be responsible to provide a performance guarantee to cover the one-year maintenance period. This period starts after the City formally accepts the improvements. Original EOPC Value $955,991.45 10% of Original EOPC $95,599.15 Required Value $95,599.15 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: July 16, 2024 Subject: Windett Ridge – Unit 2 1 BILL OF SALE Seller, _______________, in consideration of One and 00/100th Dollar ($1.00), receipt hereby acknowledged, does hereby sell, assign, transfer and convey to the Buyer, the United City of Yorkville, an Illinois municipal corporation, at 651 Prairie Pointe Drive, Yorkville, Illinois 60560, the following personal property to wit described in Exhibit A attached hereto for the development know as Windett Ridge – Unit 2 and generally shown on Exhibit B. Seller hereby represents and warrants to Buyer that Seller is the absolute owner of said property, that said property is free and clear of all liens, charges and encumbrances, and that Seller has full right, power, and authority to sell said property and to make this Bill of Sale. IN WITNESS WHEREOF, Seller has signed and sealed this Bill of Sale at ___________________________________, this _____ day of _______________, 20__. _______________________ Signature of Seller Name: Title: Subscribed and Sworn to before me this _____ day of _____________, 20__. _______________________ Notary Public EXHIBIT A WINDETT RIDGE - UNIT 2 UNITED CITY OF YORKVILLE UNIT QUANTITIY UNIT QUANTITY EACH 3 FOOT 700 EACH 9 FOOT 12 LUMP SUM 1 LUMP SUM 1 FOOT 675 EACH 1 EACH 1 CUBIC YARD 660 EACH 9 EACH 3 FOOT 695 EACH 1 EACH 1 EACH 1 CUBIC YARD 715 EACH 12 FOOT 120 FOOT 310 FOOT 495 FOOT 45 FOOT 30 EACH 1 EACH 1 EACH 1 EACH 2 EACH 3 EACH 2 EACH 1 EACH 2 FOOT 230 FOOT 165 FOOT 55 FOOT 600 EACH 1 EACH 3 EACH 5 FOOT 85 SQ FT 7495 EACH 2 5' WIDE - 5" PCC SIDEWALK W/ 4" AGGREGATE DEMOLITION - EXISTING 18" RCP SANITARY LIFT STATION SANITARY LIFT STATION SITE WORK & INSTALLATION 4" FORCE MAIN, DIP CORE & CONNECT TO EXISTING SANITARY MANHOLE 8" DUCTILE IRON WATER MAIN, CLASS 52 RECONSTRUCT EXISTING VAULT WITH 16"X8" VALVE 16"X8" PRESSURE CONNECTION WITH VALVE VAULT RELOCATE EXISTING FIRE HYDRANT 18" RCP 24" RCP 15" RCP FLARED END SECTION W/ GRATE 18" RCP FLARED END SECTION W/ GRATE UTILITIES SANITARY SEWER CONSTRUCTION 6" SANITARY SERVICE COMPLETE - NEAR 6" SANITARY SERVICE COMPLETE - FAR 8" PVC SANITARY SEWER (SDR 26) ROADWAY WINDETT RIDGE ROAD STREET LIGHTING STREET LIGHT STANDARD, COMPLETE 48" MANHOLE W/ FRAME AND LID 48" CATCH BASIN W/ FRAME & GRATE CORE & CONNECT FORCEMAIN TO EXISTING SAN. MH TRENCH BACKFILL 1-1/2" TYPE K COPPER SERVICE, NEAR 6" PVC 15" RCP 4" SUMP PUMP CONNECTION CORE & CONNECT EXISTING MANHOLE DEMOLITION - EXISTING 24" RCP 24" RCP FLARED END SECTION W/ GRATE 24" INLET TYPE A W/ FRAME & GRATE 1-1/2" TYPE K COPPER SERVICE, FAR TRENCH BACKFILL (CA-7) SIDEWALK TRENCH BACKFILL (CA-7) RECONSTRUCT EXISTING MANHOLES 12" RCP OUTLET CONTROL STRUCTURE DEMOLITION - EXISTING 24" MANHOLE DEMOLITION - EXISTING 12" RCP DEMOLITION - EXISTING 6" PVC DEMOLITION - EXISTING 48" MANHOLE WATER MAIN CONSTRUCTION STORM SEWER CONSTRUCTION EXHIBIT A WINDETT RIDGE - UNIT 2 UNITED CITY OF YORKVILLE LUMP SUM 1 LUMP SUM 1 LUMP SUM 1 LUMP SUM 1 NATURALIZED AREAS PARKWAY PLANTINGS TREES LANDSCAPE PLANTINGS MISCELLANEOUS Ca u l f i e l d P t Wi n d e t t R i d g e R d Kentshire DrCounty of Will, Maxar, Microsoft Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 / www.eeiweb.con WINDETT RIDGE LOCATION MAP DATE:JUNE 2024United City of Yorkville 651 Prairie Pointe Dr. Yorkville, IL 60560 (630) 553-4350 http://www.yorkville.il.us WINDETT RIDGE UNIT 2 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS CONSULTING ENGINEERS NO.DATE REVISIONS PROJECT NO.: YO1802 PATH: H:/GIS/PUBLIC/YORKVILLE/2018/ FILE: fffää N O R T H Legend Unit 2 Boundary H:\GIS\Public\Yorkville\2018\YO1802\YO1802- Windett Ridge Unit 2\YO1802- Windett Ridge Unit 2.aprx 160 0 16080 Feet GASB WINDETT RIDGE - UNIT 2 UNITED CITY OF YORKVILLE UNIT QUANTITIY UNIT PRICE COST EACH 3 850.00$ 2,550.00$ EACH 9 1,750.00$ 15,750.00$ FOOT 12 30.00$ 360.00$ LUMP SUM 1 185,000.00$ 185,000.00$ LUMP SUM 1 185,000.00$ 185,000.00$ FOOT 675 35.00$ 23,625.00$ EACH 1 4,000.00$ 4,000.00$ EACH 1 4,000.00$ 4,000.00$ CUBIC YARD 660 35.00$ 23,100.00$ EACH 9 1,286.00$ 11,574.00$ EACH 3 2,500.00$ 7,500.00$ FOOT 695 56.40$ 39,198.00$ EACH 1 5,580.00$ 5,580.00$ EACH 1 14,000.00$ 14,000.00$ EACH 1 750.00$ 750.00$ CUBIC YARD 715 35.00$ 25,025.00$ EACH 12 350.00$ 4,200.00$ FOOT 120 25.00$ 3,000.00$ FOOT 310 27.00$ 8,370.00$ FOOT 495 30.00$ 14,850.00$ FOOT 45 35.00$ 1,575.00$ FOOT 30 45.00$ 1,350.00$ EACH 1 1,625.00$ 1,625.00$ EACH 1 2,250.00$ 2,250.00$ EACH 1 2,500.00$ 2,500.00$ EACH 2 1,200.00$ 2,400.00$ EACH 3 1,900.00$ 5,700.00$ EACH 2 2,500.00$ 5,000.00$ EACH 1 8,500.00$ 8,500.00$ EACH 2 2,500.00$ 5,000.00$ FOOT 230 12.50$ 2,875.00$ FOOT 165 12.00$ 1,980.00$ FOOT 55 10.75$ 591.25$ FOOT 600 4.00$ 2,400.00$ EACH 1 650.00$ 650.00$ EACH 3 500.00$ 1,500.00$ EACH 5 1,250.00$ 6,250.00$ FOOT 85 35.00$ 2,975.00$ SQ FT 7495 8.00$ 59,960.00$ TRENCH BACKFILL SANITARY LIFT STATION SITE WORK & INSTALLATION 4" FORCE MAIN, DIP CORE & CONNECT TO EXISTING SANITARY MANHOLE SANITARY LIFT STATION 8" DUCTILE IRON WATER MAIN, CLASS 52 DEMOLITION - EXISTING 6" PVC DEMOLITION - EXISTING 48" MANHOLE DEMOLITION - EXISTING 24" MANHOLE RECONSTRUCT EXISTING MANHOLES DEMOLITION - EXISTING 12" RCP 48" CATCH BASIN W/ FRAME & GRATE TRENCH BACKFILL (CA-7) 15" RCP 15" RCP FLARED END SECTION W/ GRATE 18" RCP FLARED END SECTION W/ GRATE 24" RCP FLARED END SECTION W/ GRATE 24" INLET TYPE A W/ FRAME & GRATE 48" MANHOLE W/ FRAME AND LID 16"X8" PRESSURE CONNECTION WITH VALVE VAULT RELOCATE EXISTING FIRE HYDRANT RECONSTRUCT EXISTING VAULT WITH 16"X8" VALVE TRENCH BACKFILL (CA-7) 6" PVC 5' WIDE - 5" PCC SIDEWALK W/ 4" AGGREGATE UTILITIES SANITARY SEWER CONSTRUCTION 18" RCP 24" RCP CORE & CONNECT EXISTING MANHOLE DEMOLITION - EXISTING 18" RCP SIDEWALK STORM SEWER CONSTRUCTION WATER MAIN CONSTRUCTION 4" SUMP PUMP CONNECTION 6" SANITARY SERVICE COMPLETE - NEAR 6" SANITARY SERVICE COMPLETE - FAR 8" PVC SANITARY SEWER (SDR 26) CORE & CONNECT FORCEMAIN TO EXISTING SAN. MH 1-1/2" TYPE K COPPER SERVICE, NEAR 1-1/2" TYPE K COPPER SERVICE, FAR 12" RCP OUTLET CONTROL STRUCTURE DEMOLITION - EXISTING 24" RCP GASB WINDETT RIDGE - UNIT 2 UNITED CITY OF YORKVILLE EACH 2 7,500.00$ 15,000.00$ LUMP SUM 1 20,482.60$ 20,482.60$ LUMP SUM 1 32,210.00$ 32,210.00$ LUMP SUM 1 9,785.60$ 9,785.60$ LUMP SUM 1 5,250.00$ 5,250.00$ TOTAL COST 712,763.25$ UNIT QUANTITY UNIT PRICE COST FOOT 700 133.21$ 93,250.00$ TOTAL 700 TOTAL COST 93,250.00$ LANDSCAPE PLANTINGS NATURALIZED AREAS PARKWAY PLANTINGS ROADWAY WINDETT RIDGE ROAD STREET LIGHTING STREET LIGHT STANDARD, COMPLETE INCLUDING WIRE & TRENCHING, ETC MISCELLANEOUS TREES 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 2024-57 Timber Ridge Estates – Water Main Easement Public Works Committee – July 16, 2024 Majority Consideration of Acceptance Consideration of Acceptance Brad Sanderson Engineering Name Department Attached are easement documents necessary for the construction of the off-site water main for the Timber Ridge Estates development. We recommend that the City consider approving and accepting the easement. If you have any questions, let me know. 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: July 3, 2024 Subject: Timber Ridge Estates – Water Main Easement 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 Parks and Recreation Agenda Item Number New Business #6 Tracking Number PW 2024-58 2024 Local Road Program – Change Order No. 1 (Faxon Road) Public Works Committee – July 16, 2024 Majority Consideration of Approval Consideration of Change Order No. 1 Brad Sanderson Engineering Name Department The purpose of this memo is to present Change Order No. 1 for the above referenced project. A Change Order, as defined by in the General Conditions of the Contract Documents, is a written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents, or authorizing an adjustment in the Contract Price or Contract Time. Background: The City awarded the work for the above-referenced contract to Builders Paving, LLC in the amount of $3,162,000.00. The project is currently in contracting. Questions Presented: Should the City approve Change Order No. 1 which would increase the contract value by $596,828.00? Discussion: The change order would increase the contract value to $3,758,836.00. The City is potentially receiving funds to complete the improvements on Faxon Road from High Ridge Lane to Twinleaf Trail. We are recommending approval of the change order contingent upon receipt of the funds noted above. Action Required: Consideration of approval of Change Order No. 1. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Erin Willrett, Assistant City Administrator Rob Fredrickson, Finance Director Jori Behland, City Clerk Date: June 24, 2024 Subject: 2024 Local Road Program L:\Agendas - Packets\Packets\2024 Packets\Public Works\07-16-24\Local Road Program Change Order\3 - Change Order 1 - Faxon Road Additional Paving.doc CHANGE ORDER Order No. 1 Date: June 24, 2024 Agreement Date: N/A NAME OF PROJECT: 2024 Local Road Program OWNER: United City of Yorkville CONTRACTOR: Builders Paving, LLC The following changes are hereby made to the CONTRACT DOCUMENTS: 1) Addition of Faxon Road Resurfacing $596,828.00 Change of CONTRACT PRICE: Original CONTRACT PRICE: $ 3,162,008.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S) $ 3,162,008.00 The CONTRACT PRICE due to this CHANGE ORDER will be (increased)(decreased) by: $ _596,828.00 The new CONTRACT PRICE including this CHANGE ORDER will be $ 3,758,836.00 Justification: 1) Additional paving work on Faxon Road Change to CONTRACT TIME: The contract time is increased/decreased by 0 days. Requested by: _ __ Builders Paving, LLC. Recommended by: Engineering Enterprises, Inc. Accepted by: United City of Yorkville_ Request for Approval of Change of Plans BLR 13210 (Rev. 10/20/23)Page 1 of 2Completed06/21/2406/21/24 Local Public Agency United City of Yorkville County KendallKendall Route Various Local Roads Section Number Request Number 1 Final Contractor Builders Paving, LLC Address 4401 Roosevelt Road City Hillside State ILIL Zip Code 60162 Date 06/24/2406/24/24 I recommend that this AdditionAddition be made The estimated quantities are shown below and the contractor agrees to furnish the materials and do the work at the unit prices. toto the above contract. Item Description Unit of Measure Quantity Unit Price Addition (A) or Deduction (D) Total Addition Total Deduction -Preparation of Base Sq Yd 17000 $1.5000 AA $25,500.0000 $0.0000 -Hot-Mix Asphalt Surface Removal, 4.5"Sq Yd 17000 $5.0000 AA $85,000.0000 $0.0000 -Hot-Mix Asphalt Binder Course, IL-19.0, N50 Ton 4284 $78.0000 AA $334,152.0000 $0.0000 -Hot-Mix Asphalt Surface Course, IL-9.5, Mix "D", N50 Ton 1428 $80.0000 AA $114,240.0000 $0.0000 -Combination Curb and Gutter Removal and Replacement Foot 400 $36.0000 AA $14,400.0000 $0.0000 -Routing and Sealing Cracks Foot 7700 $0.6400 AA $4,928.0000 $0.0000 -Inlets To Be Adjusted Each 16 $538.0000 AA $8,608.0000 $0.0000 -Additional Traffic Control and Protection L Sum 1 $10,000.0000AA $10,000.0000 $0.0000 -$0.0000 $0.0000 -$0.0000 $0.0000 -$0.0000 $0.0000 Total Changes $596,828.00 $0.00 Add Row Total net additionaddition $596,828.00 18.87%of the contract price.which isto date Total Net Change $596,828.00 Amount of Original Contract $3,162,008.00 Amount of Previous Change Orders $0.00 Amount of adjusted/final contract $3,758,836.00 State fully the nature and reason for the change Additional work on Faxon Road, please see location map. BLR 13210 (Rev. 10/20/23)Page 2 of 2Completed06/21/2406/21/24 When the net increase or decrease in the cost of the contract is $10,000.00 or more, or the time of completion is increased or decreased by 30 days or more, one of the following statements must be checked: The Local Public Agency has determined that the circumstances which necessitate this change were not reasonably foreseeable at the time the contract was signed. The Local Public Agency has determined that the change is germane to the original contract as signed. The Local Public Agency has determined that this change is in the best interest of the Local Public Agency and is authorized by law. Prepared By Christopher J. Ott Title of Preparer Project Manager Submitted/Approved BY: Local Public Agency Signature & Date Title: Approved: Illinois Department of Transportation For a Road District project County Engineer signature required. County Engineer/Superintendent of HighwaysSignature & Date Regional Engineer Signature & Date IDOT Department Use Only Received Location Received Date Additional Location? WMFT Entry By Entry Date Unit 4 Unit 2 Unit 1 McMurtrie Way North l a n d L nHigh Ridge LnE l d e n Dr M c M u r t r i e C t Red T ailCt White Plains Ln AlanDale L n Ala n D a l e LnRedbud Dr Nor t o n Ln Denise Ct H o n e y s u c k l e L n Cannonball TrlCannonball Trl I roqois Ln Canyon Trail Ct RedTailLn Meadowview LnPat r i ci aLnAm andaLn Yellowstone L n Western Ln CatalpaTrlTw i n l e a f T r l Alice Ave Fax o n R d Faxon Rd Sumac Dr NBr i dgeSt W i n t e r b e r r y D r Gol d e n r o d D r Canyon Trl LEGEND Remove 4.5", Pave 4.5" Binder & 1.5" Surface Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 Whispering Meadows Remaining Paving www.eeiweb.com DATE DATE: PROJECT NO.: FILE: PATH: BY: June 2024 YO2408 YO2408_Whispering_Meadows_Paving .MXD H:\GIS\PUBLIC\YORKVILLE\2024\ KJD NO.REVISIONS ³United City of Yorkville 651 Prairie Pointe Drive Yorkville, IL 60560 630-553-4350www.yorkville.il.us 0 500 1,000250 Feet To: Contact:United City Of Yorkville Yorkville 2024 Local Road ProgramProject Name:Bid Number:11160 Fax:Yorkville, IL 60560 Address:651 Prairie Pointe Drive Phone:(630) 553-4350 Project Location:Various Routes, Yorkville, IL Bid Date:5/13/2024 Addendum #:1 The following is a recap of our quantities and pricing for this project. Total PriceUnit PriceUnitItem DescriptionItem #Estimated Quantity 01 17,000.00 SY $5.00 $85,000.00HMA Surf Rem 4.5" 02 4,284.00 TON $78.00 $334,152.00HMA BC 19.0 N50 03 17,000.00 SY $1.50 $25,500.00Prep Of Base 04 1.00 LS $10,000.00 $10,000.00TCP- RCO 1 Total Bid Price:$454,652.00 Notes: •Our pricing is based upon completing all work in the 2024 construction season, unless otherwise noted, and is based upon material and cartage rates in effect at the time of this proposal. Due to the volatility of the petroleum market, our proposal is subject to adjustment, based upon the market price and availability of raw materials and cartage rates at the time of installation. •This proposal is valid for a period of thirty (30) days from the date of issue and may be revised or rescinded thereafter, at our discretion, without prejudice. Payment Terms: This is a unit price proposal, with the completed cost of each item based upon the unit prices and quantities as measured in the field. ACCEPTED: The above prices, specifications and conditions are satisfactory and are hereby accepted. Buyer: Signature: Date of Acceptance: CONFIRMED: Builders Paving, LLC Authorized Signature: Estimator:Chris Mentone (847) 419-9000 cmentone@builderspavingllc.com Page 1 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 #7 Tracking Number PW 2024-59 2023 Water Main Replacement – Contract A – Change Order No. 2 (Final Balancing) Public Works Committee – July 16, 2024 Majority Consideration of Approval Consideration of Change Order No. 2 – Final Brad Sanderson Engineering Name Department The purpose of this memo is to present Change Order No. 2 (Final Balancing) for the above referenced project. A Change Order, as defined by in the General Conditions of the Contract Documents, is a written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents, or authorizing an adjustment in the Contract Price or Contract Time. Background: The United City of Yorkville and Performance Construction and Engineering, LLC entered into an agreement for a Contract value of $1,799,287.00 for the above referenced project. Subsequent change orders increased the Contract value to $1,827,193.00. Questions Presented: Should the City approve Change Order No. 2 (Final Balancing) which would decrease the contract amount by $3,365.18. Discussion: Please see the attached summary spreadsheet. We are recommending approval of the change order. Action Required: Consideration of approval of Change Order No. 2 (Final Balancing) in the amount of $3,365.18. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Erin Willrett, Assistant City Administrator Krysti Barksdale-Noble, Community Dev. Dir. Jori Behland, City Clerk Date: June 17, 2024 Subject: 2023 Water Main Improvements – Contract A CHANGE ORDER Order No. 2 (Final Balancing) Date: July 16, 2024 Agreement Date: March 28, 2023 NAME OF PROJECT: 2023 Water Main Improvements – Contract A OWNER: United City of Yorkville CONTRACTOR: Performance Construction & Engineering, LLC The following changes are hereby made to the CONTRACT DOCUMENTS: Change of CONTRACT PRICE: Original CONTRACT PRICE: $1,799,287.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S): $1,827,193.00 The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (decreased) by: $3,365.18 The new CONTRACT PRICE including this CHANGE ORDER will be: $1,823,827.82 Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (decreased) by 0 calendar days. The date for substantial completion for all work except restoration The date for completion for all work will be Justification Please see attached spreadsheet. Quantities based on final measurement in the field. Approvals Required Requested by: United City of Yorkville Recommended by: Engineering Enterprises, Inc. Accepted by: Performance Construction & Engineering, LLC. PAYABLE TO: Performance Const & Eng, LLC ADDRESS: 217 W. John Street, Plano, IL 60545 FROM:12/11/2023 TO:6/11/2023 COMPLETED COMPLETED TOTAL TOTAL ITEM AWARDED ADDED DEDUCTED UNIT QUANTITY THIS VALUE THIS COMPLETED COMPLETED NO.ITEMS UNIT QUANTITY VALUE QUANTITY QUANTITY PRICE PAY PERIOD PAY PERIOD QUANTITY VALUE 1 TREE REMOVAL (OVER 15 UNITS DIAMETER)EACH 2 1,500.00$ 2.0 750.00$ 0.0 -$ 0.0 -$ 2 TREE ROOT PRUNING EACH 14 3,500.00$ 250.00$ 0.0 -$ 14.0 3,500.00$ 3 CONNECTION TO EXISTING WATER MAIN, 12-INCH EACH 1 7,500.00$ 7,500.00$ 0.0 -$ 1.0 7,500.00$ 4 CONNECTION TO EXISTING WATER MAIN, 8-INCH EACH 8 40,000.00$ 5,000.00$ 0.0 -$ 8.0 40,000.00$ 5 CONNECTION TO EXISTING WATER MAIN, 4-INCH EACH 1 4,000.00$ 4,000.00$ 0.0 -$ 1.0 4,000.00$ 6 WATER MAIN, CLASS 52, WITH POLYETHYLENE WRAP, 12-INCH LF 1,507 241,120.00$ 24.5 160.00$ 0.0 -$ 1482.5 237,200.00$ 7 WATER MAIN, CLASS 52, WITH POLYETHYLENE WRAP, 8-INCH LF 4,466 535,920.00$ 174.5 120.00$ 0.0 -$ 4291.5 514,980.00$ 8 GATE VALVE (RESILIENT SEAT) IN 60" VAULT, 4-INCH EACH 1 4,500.00$ 4,500.00$ 0.0 -$ 1.0 4,500.00$ 9 GATE VALVE (RESILIENT SEAT) IN 60" VAULT, 8-INCH EACH 18 99,000.00$ 5,500.00$ 0.0 -$ 18.0 99,000.00$ 10 GATE VALVE (RESILIENT SEAT) IN 60" VAULT, 12-INCH EACH 4 28,000.00$ 7,000.00$ 0.0 -$ 4.0 28,000.00$ 11 FIRE HYDRANT ASSEMBLY, WITH AUXILIARY VALVE, 6-INCH MJ EACH 16 120,000.00$ 7,500.00$ 0.0 -$ 16.0 120,000.00$ 12 FIRE HYDRANT TO BE REMOVED EACH 9 2,250.00$ 4.0 250.00$ 0.0 -$ 13.0 3,250.00$ 13 DUCTILE IRON FITTINGS LB 9,246 924.60$ 3527.0 0.10$ 0.0 -$ 5719.0 571.90$ 14 WATER MAIN PROTECTION, PVC C-900, 12-INCH LF 30 2,250.00$ 30.0 75.00$ 0.0 -$ 0.0 -$ 15 NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL - TYPE 1 TON 50 500.00$ 50.0 10.00$ 0.0 -$ 0.0 -$ 16 NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL - TYPE 2 TON 50 500.00$ 50.0 10.00$ 0.0 -$ 0.0 -$ 17 FOUNDATION MATERIAL CY 100 1,000.00$ 100.0 10.00$ 0.0 -$ 0.0 -$ 18 EXPLORATORY EXCAVATION EACH 4 400.00$ 3.0 100.00$ 0.0 -$ 1.0 100.00$ 19 WATER SERVICE CONNECTION, 1-INCH EACH 82 262,400.00$ 1.0 3,200.00$ 0.0 -$ 81.0 259,200.00$ 20 WATER SERVICE PIPE, 1-INCH PEX LF 3,045 15,225.00$ 125.0 5.00$ 0.0 -$ 3170.0 15,850.00$ 21 TEMPORARY WATER SERVICE (SPECIAL)EACH 2 7,000.00$ 3,500.00$ 0.0 -$ 2.0 7,000.00$ 22 VALVE VAULT TO BE ABANDONED EACH 9 3,600.00$ 400.00$ 0.0 -$ 9.0 3,600.00$ 23 VALVE BOX TO BE ABANDONED EACH 10 1,000.00$ 100.00$ 0.0 -$ 10.0 1,000.00$ 24 SANITARY SEWER SERVICE REPAIR, PVC SDR-26, D-2241, 6-INCH EACH 5 3,750.00$ 4.0 750.00$ 0.0 -$ 1.0 750.00$ 25 STORM SEWER REMOVAL AND REPLACEMENT WITH GASKETED 12" RCP LF 161 8,050.00$ 92.0 50.00$ 0.0 -$ 69.0 3,450.00$ 26 STORM SEWER REMOVAL AND REPLACEMENT, 10" CMP LF 28 1,120.00$ 28.0 40.00$ 0.0 -$ 0.0 -$ 27 STORM SEWER REMOVAL AND REPLACEMENT, 12" CMP LF 594 26,730.00$ 36.0 45.00$ 0.0 -$ 630.0 28,350.00$ 28 STORM SEWER REMOVAL AND REPLACEMENT, 15" CMP LF 28 1,400.00$ 28.0 50.00$ 0.0 -$ 0.0 -$ 29 STORM SEWER REMOVAL AND REPLACEMENT, 10" HDPE LF 25 875.00$ 9.0 35.00$ 0.0 -$ 34.0 1,190.00$ 30 DISCONNECT AND ABANDON EXISTING WATER MAIN EACH 10 7,500.00$ 750.00$ 0.0 -$ 10.0 7,500.00$ 31 INLET PROTECTION EACH 7 1,400.00$ 2.0 200.00$ 0.0 -$ 5.0 1,000.00$ 32 WATER MAIN TESTING - PRESSURE AND DISINFECTION LS 1 10,000.00$ 10,000.00$ 0.00 -$ 1.00 10,000.00$ 33 HOT-MIX ASPHALT PATCHING, 4" (SPECIAL)SY 310 12,400.00$ 947.0 40.00$ 0.0 -$ 1257.0 50,280.00$ 34 HOT-MIX ASPHALT PATCHING, 6"SY 1,130 58,760.00$ 315.0 52.00$ 73.0 3,796.00$ 1445.0 75,140.00$ 35 COMBINATION CONCRETE CURB AND GUTTER REMOVAL AND REPLACEMENT LF 110 6,600.00$ 41.2 60.00$ 28.3 1,698.00$ 68.8 4,128.00$ 36 SIDEWALK REMOVAL SF 494 988.00$ 217.6 2.00$ 97.6 195.20$ 711.6 1,423.20$ 37 PORTLAND CEMENT CONCRETE SIDEWALK 5-INCH SF 494 5,434.00$ 217.6 11.00$ 97.6 1,073.60$ 711.6 7,827.60$ 38 DETECTABLE WARNING SF 16 560.00$ 8.0 35.00$ 3.6 126.00$ 24.0 840.00$ 39 AGGREGATE SHOULDER, 2"SY 28 840.00$ 28.0 30.00$ 0.0 -$ 0.0 -$ 40 HOT-MIX ASPHALT DRIVEWAY REMOVAL SY 1,260 12,600.00$ 927.8 10.00$ 24.8 248.00$ 2187.8 21,878.00$ 41 HOT-MIX ASPHALT DRIVEWAY 3-INCH SY 1,260 31,500.00$ 346.2 25.00$ 24.8 620.00$ 913.8 22,845.00$ 42 PORTLAND CEMENT CONCRETE DRIVEWAY REMOVAL SY 250 3,500.00$ 64.6 14.00$ 58.6 820.40$ 314.6 4,404.40$ 43 PORTLAND CEMENT CONCRETE DRIVEWAY 6-INCH SY 250 23,000.00$ 64.6 92.00$ 58.6 5,391.20$ 314.6 28,943.20$ 44 FENCE TO BE REMOVED AND RESET LF 87 3,480.00$ 40.00$ 87.0 3,480.00$ 87.0 3,480.00$ 45 MAILBOX TO BE REMOVED AND RESET EACH 20 3,000.00$ 11.0 150.00$ 0.0 -$ 31.0 4,650.00$ 46 SIGN TO BE REMOVED AND RESET EACH 10 1,500.00$ 7.0 150.00$ 0.0 -$ 3.0 450.00$ 47 LANDSCAPING TO BE REMOVED AND RESET EACH 5 2,500.00$ 5.0 500.00$ 0.0 -$ 0.0 -$ 48 RESTORATION SY 11,940 119,400.00$ 179.0 10.00$ 0.0 -$ 12119.0 121,190.00$ 49 TRAFFIC CONTROL AND PROTECTION LS 1 40,310.40$ 40,310.40$ 0.00 -$ 1.00 40,310.40$ 50 ALLOWANCE - ITEMS ORDERED BY THE ENGINEER UNIT 30,000 30,000.00$ 4546.12 1.00$ 0.0 -$ 34546.12 34,546.12$ 1,799,287.00$ 17,448.40$ - TO DATE:1,823,827.82$ MISCELLANEOUS ADDITIONS TO THE PROJECT AT THE CITY'S DISCRETION (PAY ITEM 50)QUANTITY UNIT PRICE VALUES SUMMARY 1 WATER SERVICES TO HILLCREST NURSING HOME (AUP)2 13,953.00$ 27,906.00$ TOTAL COMPLETED CONSTRUCTION COSTS 1,823,827.82$ 2 T&M REPAIR OF FAILED EXISTING WATER MAIN ON 8/30/2023 1 2,321.61$ 2,321.61$ DEDUCT RETAINAGE (0%)-$ 3 T&M REPAIR OF EXISTING 8-INCH LEAKING VALVE 1 4,318.51$ 4,318.51$ TOTAL AMOUNT DUE TO CONTRACTOR 1,823,827.82$ 4 TOTAL DEBITS 1,787,351.26$ 5 NET AMOUNT DUE - THIS PAYMENT 36,476.56$ DEBITS VALUES 1 PAY ESTIMATE 1 483,811.02$ 2 PAY ESTIMATE 2 613,963.89$ 3 PAY ESTIMATE 3 298,895.36$ PREPARED BY: 4 PAY ESTIMATE 4 319,390.18$ 5 PAY ESTIMATE 5 71,290.81$ ENGINEERING ENTERPRISES, INC.APPROVED BY: 52 WHEELER ROAD SUGAR GROVE, ILLINOIS 60554 G:\Public\Yorkville\2022\YO2217-P 2023 Water Main Replacement\Construction\Pay Estimates\[Estimate YO2217.xlsx]Pay Est No. 6 BID VALUE AWARDED:VALUE COMPLETED - THIS REQUEST: ENGINEERS PAYMENT ESTIMATE NO. 6 PAY PERIOD 2023 WATER MAIN IMPROVEMENTS - CONTRACT A UNITED CITY OF YORKVILLE 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 2024-60 WY22 and WY2023 Water Audit Results and Recommendations Public Works Committee – July 16, 2024 None Informational Please see the attached memo. Brad Sanderson Engineering Name Department To meet the Lake Michigan Allocation permit requirements, the United City of Yorkville is required to reduce Non-Revenue Water (NRW) to below 10% prior to connecting to DuPage Water Commission (DWC) with water from Lake Michigan in 2028. To track progress, the water audits for WY2022 and WY2023 have been prepared in accordance with the methodology found in AWWA Manual M36 – Water Audits and Loss Control and associated software. The City’s NRW for WY2022, the period from 10/1/21 through 9/30/22, is 8.3%, and then increases in WY2023, the period from 10/1/22 through 9/30/23, to 14.8%. In Table No. 1 and Figure A found on Page 2 of this memo, a historical summary of water audit results is provided, including the water audit results for WY2022 and WY2023. The components of NRW are: 1) Unbilled Authorized Consumption (which includes both unbilled metered and unbilled unmetered water use), 2) Apparent Losses, and 3) Real Losses. Apparent losses consist of the following: unauthorized consumption, customer metering inaccuracies, and systematic data handling errors. The real losses include: 1) leakage on distribution/transmission water mains, 2) leakage and overflows at storage facilities, and 3) leakage at service connections. The Water System Improvement Plan submitted to Illinois Department of Natural Resources (IDNR) as part of the Lake Michigan Allocation permitting process for WY2021 addressed all three (3) components. To reduce unbilled authorized water use, the City is reviewing all known unbilled authorized water use with the intent of installing meters at these sources, where practical and billing when appropriate. To address apparent water losses, the City is investing in replacing all customer meters and converting to Advanced Metering Infrastructure (AMI) technology. In regard to real losses, the City began to perform annual leak detection. Further, while the City has periodically replaced water main at locations where water main breaks are most frequent, the City developed and is implementing a five (5) year water main replacement program to replace 7.7 miles of water main installed prior to 1970. 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: July 3, 2024 Subject: WY2022 and WY2023 Water Audit Results and Recommendations Subject: Award of 2011 Misc. Bituminous Patching Contract to Aurora Blacktop, Inc. Table No. 1 Historical Water Audit Summary Figure A. Historical Water Audit Summary 0% 10% 20% 30% 40% 50% 0 100 200 300 400 500 600 700 800 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 Non-Revenue Water %Water (MG)Volume From Own Sources (MG) NRW Volume (MG) Billed, Metered Water Use (MG) NRW % NRW Reduction Goal (%) 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 WATER SUPPLIED - Total MG/Yr 555.34 476.15 466.02 509.92 541.80 560.58 574.09 550.75 607.60 638.00 627.27 677.05 AUTHORIZED CONSUMPTION Billed Authorized Use MG/Yr 498.39 382.80 440.82 456.20 485.81 505.21 516.29 484.84 533.76 557.11 575.15 576.76 Unbilled Authorized Consumption MG/Yr 6.94 5.95 5.83 6.37 6.77 7.01 7.18 6.88 7.59 8.97 14.96 12.41 AUTHORIZED CONSUMPTION - Total MG/Yr 505.33 388.75 446.65 462.57 492.58 512.22 523.47 491.72 541.35 566.08 590.11 589.17 NON-REVENUE WATER Water Supplied - Total MG/Yr 555.34 476.15 466.02 509.92 541.80 560.58 574.09 550.75 607.60 638.00 627.27 677.05 Less Billed and Unbilled Authorized Consumption - Total MG/Yr -505.33 -388.75 -446.65 -462.57 -492.58 -512.22 -523.47 -491.72 -541.35 -566.08 -590.11 -589.17 WATER LOSSES - Total MG/Yr 50.01 87.40 19.38 47.35 49.21 48.36 50.62 59.02 66.24 71.92 37.16 87.87 Plus Unbilled Authorized Consumption (Unbilled Metered and Metered Water)MG/Yr 6.94 5.95 5.83 6.37 6.77 7.01 7.18 6.88 7.59 8.97 14.96 12.41 NON-REVENUE WATER-Total MG/Yr 56.95 93.35 25.20 53.72 55.99 55.37 57.80 65.91 73.84 80.89 52.12 100.28 NON-REVENUE WATER %%10.3%19.6%5.4%10.5%10.3%9.9%10.1%12.0%12.2%12.7%8.3%14.8% Water Audit Line Item Unit Calendar Year Water Year However, the Water System Improvement Plan was intended to be a living document which would be reviewed, reevaluated, and modified as appropriate on an annual basis in conjunction with the completion of the annual Water Audit. That being said, the two (2) key parameters to determining the amount of NRW include the water supplied from water treatment plants and the amount of water being billed. City staff has made great efforts in ensuring accurate information is obtained for the water supplied to the distribution system; however, we observed significant fluctuations in the billing data depending on assumptions within the queries. The current billing system is outdated and has limited functionality to query the data with confidence for any given Water Year. Therefore, given the City is not meeting the NRW reduction schedule as of WY2023 and based on our observations and discussions with City staff while preparing the water audits, we recommend the following work items be expedited such that they are complete by September 30, 2026: 1. Completing the Customer Meter Change-out Program 2. Implementing a new billing software and then completing a third-party billing audit once the billing software is in place. These work items will improve the billing data integrity used in the water audit. The City intends to connect to Lake Michigan in 2028, and therefore it is imperative that the City demonstrate it has reached this goal in the water audit prior to connecting which is the water audit for WY2027, the period from October 1, 2026, through September 30, 2027. Therefore, to meet the NRW goal of less than 10% before connection to DWC, any critical NRW reduction strategies should be implemented by no later than September 30, 2026, such that the impacts can be observed in the WY2027 Water Audit. If you have any questions or require additional information, please let us know. 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 #9 Tracking Number PW 2024-61 Route 126 Water Main Improvements – Design Engineering Agreement Public Works Committee – July 16, 2024 Majority Approval Please see the attached memo. Eric Dhuse Public Works Name Department Summary A proposed design engineering agreement from EEI for the design of the Rt. 126 for a fixed fee proposed at $143,426 and an additional $63,811 for direct expenses. Background This is one of the final pieces for the south receiving station. This water main will begin at the receiving station which is at the intersection of Wing Rd. and Rt. 126 and end at a point east of Mill St. along Rt. 126 where it will tie into the water main for the Timber Ridge subdivision. This water main will be a key distribution main to get Lake Michigan water into our system in the south central and central pressure zones. These zones cover an area from Rt. 71 north all the way through the old part of town and up to Kennedy Rd. This project was originally scheduled and budgeted late FY25 with the bulk of the project to take place in FY26, but with WIFIA’s strict rules and regulations, we thought it prudent to move up the schedule to make sure we have enough time to follow the WIFIA steps including land acquisition. In this current fiscal year, we have $67,000 budgeted for design engineering with an additional $209,000 for design engineering and $25,000 for land acquisition budgeted in FY26. The proposed contract of $143,426 and $63,811 for direct costs will easily be under budget in total, but will be over budget in FY25, due to this project being expedited. Nonetheless, Finance Director Fredrickson believes that this FY25 overage will be easily absorbed within the existing adopted budget (due to the implementation timing of the meter replacement and ERP programs), so no budget amendment would be required. This entire project is budgeted in the (51) Water Fund in the Water Sourcing – DWC line item 51-510-60- 00-6011 for reference. Recommendation Staff recommends approval of this proposal in the amount of $143,426 for design engineering and $63,811 for direct costs. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, City Administrator Date: July 10, 2024 Subject: Rt. 126 Water Main Design Engineering Agreement UNITED CITY OF YORKVILLE ROUTE 126 WATER MAIN IMPROVEMENTS PAGE 1 Route 126 Water Main Improvements United City of Yorkville Agreement for Professional Services – 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: The Engineer shall furnish the necessary personnel, materials, equipment and expertise to make the necessary investigations, analysis and calculations along with exhibits, cost estimates and narrative, to complete all necessary engineering services to the City as indicated on the included Attachment A. Design Engineering services shall be provided as indicated on the Scope of Services on Attachment B. The Engineer shall work with the City to develop a contracting and bidding schedule consistent with available funding. All Engineering will be in accordance with all City, Standard Specifications for Water and Sewer Construction in Illinois, Illinois Environmental Protection Agency, 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 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 Estimated Level of Effort and Associated Cost included in Attachment C. Design Engineering will be paid for monthly based on the percentage of the project that is complete. The Fixed Fee amount for the Design Engineering is $143,426.00. Additionally, direct expenses are expected to be $63,811.00. The hourly rates for this project are shown in 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 UNITED CITY OF YORKVILLE ROUTE 126 WATER MAIN IMPROVEMENTS PAGE 2 attachments hereto) and said changes shall only be effective on and after May 1st of that same year. 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 Kane County, Illinois. G. Independent ENGINEER: 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 ENGINEER. ENGINEER will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The ENGINEER 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 ENGINEER 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 ENGINEER is an individual, the ENGINEER 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 ROUTE 126 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 ENGINEER 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 ENGINEER 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 ENGINEER 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 ENGINEER 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 ENGINEER 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 ENGINEER agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The ENGINEER 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 ENGINEER (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 ROUTE 126 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 ENGINEER 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 ENGINEER 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 ENGINEER 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 perform ance 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) UNITED CITY OF YORKVILLE ROUTE 126 WATER MAIN IMPROVEMENTS PAGE 5 K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attached Exhibits. Except for those terms included on the Exhibits, no additional terms are included as a part of this agreement. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of Attachments are as follows: Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Attachment C: Estimated Level of Effort and Associated Cost Attachment D: Location Map Attachment E: Anticipated Project Schedule Attachment F: 2024 Standard Schedule of Charges Attachment G: IEPA Professional Services Contract Clauses Attachment H: USEPA / WIFIA Professional Services Contract Clauses 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, P.E. Mayor Chief Operating Officer /President _________________________________ ______________________________ Jori Behland Angela R. Smith City Clerk Executive Assistant ENGINEERING ENTERPRISES, INC. JULY 2024 PAGE 1 ATTACHMENT A – STANDARD TERMS AND CONDITIONS Agreement: These Standard Terms and Conditions, together with the Professional Services Agreement, constitute the entire integrated agreement between the OWNER and Engineering Enterprises, Inc. (EEI) (hereinafter “Agreement”), and take precedence over any other provisions between the Parties. These terms may be amended, but only if both parties consent in writing. However, to the extent that the Scope of Work differs from the Standard Terms and Conditions, the Scope of Work document controls. 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 furn ish 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 docum ents.  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 provisio n 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 opinio n 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 el ectronic 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 th e 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. ENGINEER agrees to cooperate with the OWNER, as necessary, to remediate a Hazardous Condition, but same may result in additional costs to the OWNER. ENGINEERING ENTERPRISES, INC. JULY 2024 PAGE 2 Consequential Damages: Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective officers, directors, partners, employees, contractors, or subcontractors shall be liable to the other or shall make any claim for any incidental, indirect, or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have i ncurred 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 t he 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 b eing taken to avoid or minimize its effect after such occurrence, and shall take reasonable efforts to remove the condition constituting su ch 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 in voices 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 th e 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 reasonab le 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 ROUTE 126 WATER MAIN IMPROVEMENTS PAGE 1 Route 126 Water Main Improvements – Design Engineering United City of Yorkville, IL Attachment B – Scope of Services The United City of Yorkville requires Design Engineering services to install approximately 6,000 feet of 16” water main to serve as a transmission main from the south receiving station to the existing water system. A map of the project location can be found in Attachment D of this proposal. The following list of work items establishes the scope of engineering services for this project: DESIGN ENGINEERING: 2.1 Project Management and Administration • Management of Personnel and the Engineering Contract • Budget Tracking • Coordination with the City and Subconsultants (Rubino Engineering) 2.2 Project Meetings • Project Kick-Off Meeting Between the City and EEI • One (1) Design Progress Meeting Between the City and EEI prior to Bidding 2.3 Topographic Survey & Easements • Field Survey • Drafting to Create Base File • Preparing Easement Documents 2.4 Utility Coordination • Design JULIE • Plan Submission and Coordinate with Private Utilities 2.5 Final Plans, Specifications and Estimates • Preparation of 60%, 90%, and 100% Engineering Plans • Preparation of 90% and 100% Project Manual and Engineer’s Opinion of Probable Construction Cost. Project Manual Shall Include Bidding and Contract Documents, General Conditions, and Special Provisions. • Internal QA/QC 2.6 Regulatory Agency Coordination and Permitting • Prepare IEPA Construction Permit Application and Acquire Permit • IDOT Permitting • Coordination with Other Regulatory Agencies as Required 2.7 Bidding and Contracting Services • Prepare Bidders List and Ad for Bid • Submit Ad for Bid to the Local Paper and Post Bidding Documents on QuestCDN UNITED CITY OF YORKVILLE ROUTE 126 WATER MAIN IMPROVEMENTS PAGE 2 • Address Bid Questions and Prepare Addenda • Attend Bid Opening • Prepare Bid Tab, Bid Summary, and Recommendation of Award • Execute Contract Documents DIRECT EXPENSES Legal Surveying • Boundary Survey • Easement Preparation • Legal Descriptions of Easements • Purchase Title Committments Geotechnical and CCDD (Rubino Engineering, Inc.) • Seven (7) Soil Borings 10’ in depth • Prepare Geotechnical Report and CCDD Analysis • Prepare LPC 662/663 Permit EXCLUSIONS The above scope of services does not include the following: • Property Negotiations • Environmental Surveys • Sewer Televising • Land Acquisition The above scope summarizes the work items that will be completed for this contract. Additional work items, including additional meetings beyond the meetings defined in the above scope shall be considered outside the scope of the base contract and will be billed in accordance with EEI’s Standard Schedule of Charges (Attachment F) in affect at the time the extra work is performed. ATTACHMENT C: ESTIMATED LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBER United City of Yorkville YO2419-P PROJECT TITLE DATE PREPARED BY Route 126 Water Main Improvements ROLE PIC SPM PM SPE 1 SPM SPT2 ST CM SPT1 ADMIN RATE $246 $241 $210 $186 $234 $175 $168 $175 $164 $70 DESIGN ENGINEERING 2.1 Project Management and Administration 20 - 32 8 - - - - - - 60 13,128$ 2.2 Project Meetings 2 - 4 6 - - - - - - 12 2,448$ 2.3 Topographic Survey & Easements - - 4 8 36 - 80 - - - 128 24,192$ 2.4 Utility Coordination - - 3 12 - - - - - - 15 2,862$ 2.5 Final Plans, Specifications, and Estimates - - 98 220 - - - 30 84 - 432 80,526$ 2.6 Regulatory Agency Coordination and Permitting - - 29 54 - - - - - - 83 16,134$ 2.7 Bidding and Contracting 1 - 8 10 - - - - - 5 24 4,136$ Design Engineering Subtotal:23 - 178 318 36 - 80 30 84 5 754 143,426$ 23 - 178 318 36 - 80 30 84 5 754 143,426 EEI STAFF PIC Principal In Charge 100$ SPM Senior Project Manager Legal Surveying =41,481$ PM Project Manager 9,600$ SPE 1 Senior Project Engineer I 12,630$ SPT 2 Senior Project Technician II DIRECT EXPENSES =63,811$ SPT 1 Senior Project Technician I ST Senior Technician ADMIN Adminstrative Assistant 143,426$ 143,426$ 207,237$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com DIRECT EXPENSES TOTAL COSTS Printing = Title Commitments = Geotechnical/CCDD = EEI Labor Expenses = TOTAL LABOR EXPENSES LABOR SUMMARY PROJECT TOTAL: KDW7/8/24 COSTTASK NO.TASK DESCRIPTION HOURS GF GF GF GFGF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GFGFGF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GFGF GF GF GF GF GF GF GF GFGFGFGFGFGF GF GF GF GF GF GF GF GF GF GF GF GF GFGF GF GF GF GF GF GF GF GFGF GF GF GF GFGF GFGF GFGF GF GF GF GF GF GFGF GF GF !( !( !( !( !(!( !( !( !( !(!( !(!(!( !( !(!(!( !( !( !(!( !( !( !( !( !(!( !( !( !( !( !(!(!( !( !( !( !(!( !( !( !( !(!( !(!( !( !(!( !(!(!( !( !( !( !(!( !( !( !(!(!( !( !(!( !(!( !( !( !( !(!( !(!( !( !( !( !(!( !( !( !( !(!( !(!( !(!( !( !( STAGEC O A C H SC H O O L H O U S E HAMPTON WING PARKSI D E ID E N T A TI M B E R O A K ROUT E 1 2 6 C O U N T R Y H I L L S RAINTREECROOKED CREEKHAZELT I N E INGEMUNSONBLUEBIRD CLOVER ASH GREE NFIELD TUR N WESTONSUNN Y D E L LCHERRYPINE MEAD O WL A R K FAWN RIDGECANDLEBERRYJUNIPER Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 Legend !(VALVE GF HYDRANT 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 UNKNOWN WATER MAIN WATER IMPROVEMENT LIMITS ATTACHMENT D ROUTE 126 WATER MAIN IMPROVEMENTS LOCATION MAP www.eeiweb.com DATE: PROJECT NO.: FILE: PATH: BY: JULY 2024 YO2419 YO2419_Route 126 Water Main Improvements H:\GIS\PUBLIC\YORKVILLE\2024\ MJT ³ 1,400 0700 Feet CONNECT TO RECEIVING STATION CONNECT TO EXISTING WATER MAIN ATTACHMENT E: ESTIMATED SCHEDULE CLIENT PROJECT NUMBER United City of Yorkville YO2419-P PROJECT TITLE DATE PREPARED BY Route 126 Water Main Improvements KDW JUL AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUN JUL DESIGN ENGINEERING 2.1 2.2 2.3 2.4 2.5 2.6 2.7 Note: Land acquisition anticipated to take 6-8 months 52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com Final Plans, Specifications, and Estimates Regulatory Agency Coordination and Permitting Bidding and Contracting Project Management and Administration Project Meetings Topographic Survey Utility Coordination TASK NO.TASK DESCRIPTION 7/8/24 2024 2025 EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $246.00 Principal E-3 $241.00 Senior Project Manager E-2 $234.00 Project Manager E-1 $210.00 Senior Project Engineer/Surveyor II P-6 $200.00 Senior Project Engineer/Surveyor I P-5 $186.00 Project Engineer/Surveyor P-4 $168.00 Senior Engineer/Surveyor P-3 $155.00 Engineer/Surveyor P-2 $140.00 Associate Engineer/Surveyor P-1 $127.00 Senior Project Technician II T-6 $175.00 Senior Project Technician I T-5 $164.00 Project Technician T-4 $153.00 Senior Technician T-3 $140.00 Technician T-2 $127.00 Associate Technician T-1 $111.00 GIS Technician II G-2 $125.00 GIS Technician I G-1 $114.00 Engineering/Land Surveying Intern I-1 $ 82.00 Executive Administrative Assistant A-4 $ 77.00 Administrative Assistant A-3 $ 72.00 VEHICLES. REPROGRAPHICS, DIRECT COSTS, DRONE AND EXPERT TESTIMONY Vehicle for Construction Observation $ 20.00 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 $ 225.00 Expert Testimony $ 275.00 STANDARD SCHEDULE OF CHARGES ~ JANUARY 1, 2024 United States Environmental Protection Agency Washington, D.C. 20460 Certification Regarding Debarment, Suspension, and Other Responsibility Matters The prospective participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public: (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. Typed Name and Title of Authorized Representative Signature of Authorized Representative Date I am unable to certify to the above statements. May explanation is attached. EPA FORM 5700-49 (11-88) EPA Project Control Number ATTACHMENT H SUPPLEMENTARY USEPA / WIFIA PROFESSIONAL SERVICES CONTRACT CLAUSES ECONOMIC AND MISCELLANEOUS AUTHORITIES DEBARMENT AND SUSPENSION AND PROHIBITIONS RELATING TO VIOLATIONS OF CWA AND CAA WITH RESPECT TO FEDERAL CONTRACTS, GRANTS, OR LOANS Debarment and Suspension. Contractor certifies that it will not knowingly enter into a contract with anyone who is ineligible under the 2 CFR part 180 and part 1532 (per Executive Order 12549, 51 FR 6370, February 21, 1986) or who is prohibited under Section 306 of the Clean Air Act or Section 508 of the Clean Water Act to participate in the [Project]. Suspension and debarment information can be accessed at http://www.sam.gov. Contractor represents and warrants that it has or will include a term or conditions requiring compliance with this provision in all of its subcontracts under this Agreement. NEW RESTRICTIONS ON LOBBYING Federal Lobbying Restrictions (31 U.S.C 1352). Recipients of federal financial assistance may not pay any person for influencing or attempting to influence any officer or employee of a federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress with respect to the award, continuation, renewal, amendment, or modification of a federal grant, loan, or contract. These requirements are implemented for USEPA in 40 CFR Part 34, which also describes types of activities, such as legislative liaison activities and professional and technical services, which are not subject to this prohibition. Upon award of this contract, Contractor shall complete and submit to the City the certification and disclosure forms in Appendix A and Appendix B to 40 CFR Part 34. Contractor shall also require all subcontractors and suppliers of any tier awarded a subcontract over $100,000 to similarly complete and submit the certification and disclosure forms pursuant to the process set forth in 40 CFR 34.110. 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 #10 Tracking Number PW 2024-62 Lake Michigan South Receiving Station Standpipe – Design Engineering Agreement Public Works Committee – July 16, 2024 Majority Approval Please see the attached memo. Eric Dhuse Public Works Name Department Summary A proposed design engineering agreement from EEI for the South Receiving Station Standpipe. This tank is needed as part of the Lake Michigan project. This is budgeted for in the approved FY 25 budget. Background As part of our Lake Michigan allocation, we are required to have 2 days’ worth of water in storage. To meet this rule, the city has proposed to construct an EWST in the northwest quadrant of the city and a standpipe in the southeast quadrant. This agreement addresses the northwest EWST and its design. Last month, the committee saw the design engineering agreements for the receiving stations. This month is the storage tanks that we are going to pump water into from those receiving stations. These are under separate contracts because this type of work is so specialized and there are very few bidders. We want to keep this separate from the receiving stations to ensure quality bidders. EEI is proposing a fixed fee of $219,034. This is $30,966 under the budgeted amount. In addition to the standard engineering work, this contract includes WIFIA coordination and subcontractor oversight and management. This is in the approved budget in the water fund line-item Water Sourcing-DWC 51-510- 60-00-6011. Recommendation Staff Recommends approval of this contract with EEI in the amount of $219,034. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, City Administrator Date: July 10, 2024 Subject: South Receiving Station Standpipe Design Engineering Agreement UNITED CITY OF YORKVILLE LAKE MICHIGAN SOUTH RECEIVING STATION STANDPIPE PAGE 1 Lake Michigan South Receiving Station Standpipe United City of Yorkville Agreement for Professional Services – 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: The Engineer shall furnish the necessary personnel, materials, equipment and expertise to make the necessary investigations, analysis and calculations along with exhibits, cost estimates and narrative, to complete all necessary engineering services to the City as indicated on the included Attachment A. Design Engineering services shall be provided as indicated on the Scope of Services on Attachment B. The Engineer shall work with the City to develop a contracting and bidding schedule consistent with available funding. All Engineering will be in accordance with all City, Standard Specifications for Water and Sewer Construction in Illinois, Illinois Environmental Protection Agency, 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 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 Estimated Level of Effort and Associated Cost included in Attachment C. Design Engineering will be paid for monthly based on the percentage of the project that is complete. The Fixed Fee amount for the Design Engineering is $219,034.00. The hourly rates for this project are shown in 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 UNITED CITY OF YORKVILLE LAKE MICHIGAN SOUTH RECEIVING STATION STANDPIPE PAGE 2 attachments hereto) and said changes shall only be effective on and after May 1st of that same year. 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 Kane County, Illinois. G. Independent ENGINEER: 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 ENGINEER. ENGINEER will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The ENGINEER 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 ENGINEER 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 ENGINEER is an individual, the ENGINEER 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 LAKE MICHIGAN SOUTH RECEIVING STATION STANDPIPE 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 ENGINEER 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 ENGINEER 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 ENGINEER 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 ENGINEER 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 ENGINEER 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 ENGINEER agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The ENGINEER 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 ENGINEER (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 LAKE MICHIGAN SOUTH RECEIVING STATION STANDPIPE 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 ENGINEER 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 ENGINEER 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 ENGINEER 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) UNITED CITY OF YORKVILLE LAKE MICHIGAN SOUTH RECEIVING STATION STANDPIPE PAGE 5 K.Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attached Exhibits. Except for those terms included on the Exhibits, no additional terms are included as a part of this agreement. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of Attachments are as follows: Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Attachment C: Estimated Level of Effort and Associated Cost Attachment D: Location Map Attachment E: Anticipated Project Schedule Attachment F: 2024 Standard Schedule of Charges Attachment G: IEPA Professional Services Contract Clauses Attachment H: USEPA / WIFIA Professional Services Contract Clauses 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 Bradley P. Sanderson, PE Mayor Chief Operating Officer /President _________________________________ ______________________________ Jori Behland Angela R. Smith City Clerk Executive Assistant ENGINEERING ENTERPRISES, INC. JUNE 2024 PAGE 1 ATTACHMENT A – STANDARD TERMS AND CONDITIONS Agreement: These Standard Terms and Conditions, together with the Professional Services Agreement, constitute the entire integrated agreement between the OWNER and Engineering Enterprises, Inc. (EEI) (hereinafter “Agreement”), and take precedence over any other provisions between the Parties. These terms may be amended, but only if both parties consent in writing. However, to the extent that the Scope of Work differs from the Standard Terms and Conditions, the Scope of Work document controls. 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. ENGINEER agrees to cooperate with the OWNER, as necessary, to remediate a Hazardous Condition, but same may result in additional costs to the OWNER. ENGINEERING ENTERPRISES, INC. JUNE 2024 PAGE 2 Consequential Damages: Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective officers, directors, partners, employees, contractors, or subcontractors shall be liable to the other or shall make any claim for any incidental, indirect, or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. Termination: This Agreement may be terminated for convenience, without cause, upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation as set forth in the Professional Services Agreement for all costs incurred through the date of termination. Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days’ written notice for the following reasons: (a)Substantial failure by the other party to comply with or perform in accordance with the terms of the Agreement and through no fault of the terminating party; (b)Assignment of the Agreement or transfer of the project without the prior written consent of the other party; (c)Suspension of the project or the ENGINEER’S services by the OWNER for a period of greater than ninety (90) calendar days, consecutive or in the aggregate. (d)Material changes in the conditions under which this Agreement was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. Payment of Invoices: Invoices are due and payable within 30 days of receipt unless otherwise agreed to in writing. Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the OWNER or the ENGINEER. The ENGINEER’S services under this Agreement are being performed solely and exclusively for the OWNER’S benefit, and no other party or entity shall have any claim against the ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, vendors and other entities involved in this Project to carry out the intent of this provision. Force Majeure: Each Party shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and the nonperforming party promptly provides notice of such prevention to the other party. Such excuse shall be continued so long as the condition constituting force majeure continues. The party affected by such force majeure also shall notify the other party of the anticipated duration of such force majeure, any actions being taken to avoid or minimize its effect after such occurrence, and shall take reasonable efforts to remove the condition constituting such force majeure. For purposes of this Agreement, “force majeure” shall include conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer. Additional Terms or Modification: All prior understandings and agreements between the parties are merged into this Agreement, and this Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by both parties. In the event that any provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under or interest in this Agreement without the prior written consent of the other party. Subcontracting normally contemplated by the ENGINEER shall not be considered an assignment for purposes of this Agreement. Waiver: A party’s waiver of, or the failure or delay in enforcing any provision of this Agreement shall not constitute a waiver of the provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Attorney’s Fees: In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover from the other all costs and expenses including without limitation the reasonable fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the Court may adjudge reasonable. 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 LAKE MICHIGAN SOUTH RECEIVING STATION STANDPIPE PAGE 1 Lake Michigan South Receiving Station Standpipe – Design Engineering United City of Yorkville, IL Attachment B – Scope of Services The United City of Yorkville requires Design Engineering services to construct a standpipe in conjunction with the Lake Michigan South Receiving Station needed to connect to and receive water supply from DuPage Water Commission (DWC). A concept site plan for the Receiving Station which includes the approximate location of the standpipe can be found in Attachment D of this proposal. The City has begun implementing a multi-year program to construct required infrastructure to connect to receive water supply from DWC utilizing funds from the Water Infrastructure and Innovation Act of 2014 (WIFIA), and WIFIA funding is anticipated to be used for a portion of this project. The following list of work items establishes the scope of engineering services for this project: PROJECT FACILITATION AND ADMINISTRATION: 0.01 Project Management and Administration •Management of Personnel and the Engineering Contract •Budget Tracking •Coordination with the City and Subconsultants 0.02 On-going City Communication/Coordination Updates 0.03 Project Kickoff and Progress Review Meetings (3 Total Meetings with City plus Internal Meetings) •Project Kick-Off Meeting Between the City and EEI o Prepare Discussion Outline and Minutes o Attend Meeting at City Hall or Virtual o Site Visit After Meeting •Two (2) Design Progress Meetings Between the City and EEI prior to Bidding o Prepare Discussion Outlines and Minutes o Attend Meetings at City Hall or Virtual PRELIMINARY DESIGN PHASE: 1.01 Confirm the Size and Dimensions of the Standpipe 1.02 Prepare Summary of Potential Bidders / Tank Erectors 1.03 Coordinate Soil Borings and Soils Report 1.04 Conduct Site Visits (2) - Pre and Post Design 1.05 Perform a JULIE Design Request 1.06 Coordination with North Receiving Station Design Team for Bid Item/Scope Boundaries 1.07 Prepare Draft Site Plan (Rough grading, Water Main, Storm Sewer/Drainage) 1.08 Prepare and Obtain the Following Permits/Sign-offs •IDNR - EcoCAT Sign-off •SHPO/HARGIS - Historic Sign-off •Stormwater Permitting (Assumes No Wetlands, No Floodplain) UNITED CITY OF YORKVILLE LAKE MICHIGAN SOUTH RECEIVING STATION STANDPIPE PAGE 2 •IDNR - Notice of Intent (NOI) •City Building Permit •Federal Aviation Administration 1.09 Electrical/ComEd Application Preparation and Initial Coordination 1.10 Facilitate Mixing System Discussions with Vendors 1.11 Facilitate Cathodic Protection Discussions with Vendors 1.12 Prepare/Review Coating Systems and Tank Optional Features with City Staff 1.13 Develop Tank Orientation/Tank Cross-Section Plans 1.14 Prepare Logo Renderings (3) and Facilitate Logo Discussion with City 1.15 Telecommunication Facility Location Coordination 1.16 Prepare 30% Complete Drawings and Specifications 1.17 Present Final Layout and Logo to City Council/PW Committee FINAL DESIGN PHASE 2.01 Prepare 60% Complete Drawings and Specifications 2.02 Coordination with Landscape Architect 2.03 Prepare 95% Complete Drawings and Specifications 2.04 Prepare Basis of Design for EWST for IEPA Permit (Public Water Supplies) 2.05 Prepare, Coordinate, and Submit IEPA Permit Applications (Public Water Supplies) 2.06 Prepare 95% Engineer's Opinion of Probable Construction Cost 2.07 SCADA Integration and Design 2.08 Complete Plans and Specifications to 100% 2.09 Prepare 100% Engineer's Opinion of Probable Construction Cost BIDDING AND CONTRACTING PHASE 3.01 Prepare Final Bid Documents and Coordinate Advertise for Bid 3.02 Respond to Bidder Inquiries/Prepare Addenda 3.03 Maintain Bidders List, Coordinate Addenda and Distribution Utilizing Quest 3.04 Prepare IEPA - Notice of Intent 3.05 Prepare for and Attend Bid Opening 3.06 Assist City in Review of Bids and Prepare Bid Tabulation/Contract 3.07 Attend City Council/PW Committee Meeting for Anticipated Contract Award FUNDING ASSISTANCE 4.01 Coordinating WIFIA Loan •Coordination with USEPA to furnish required documentation necessary for funding (executed engineering agreements, final bid and contract documents, executed construction contracts) •Advertisement for DBE’s consistent with good faith requirements regarding use of DBE’s DIRECT EXPENSES The following scope of services will be provided by EEI’s subconsultants: •Electrical/SCADA (Consultant To Be Determined) UNITED CITY OF YORKVILLE LAKE MICHIGAN SOUTH RECEIVING STATION STANDPIPE PAGE 3 •Geotechnical and CCDD (Rubino Engineering, Inc.) o Four (4) Soil Borings at a Maximum Depth of 100’ (or to refusal) o Prepare Geotechnical Report and CCDD Analysis o Prepare LPC 662/663 Permit •Archaeological Survey •Title Commitment •Landscape Architecture NOTES AND EXCLUSIONS •The above scope of services does not include the following: o Construction Engineering o Topographic Survey and ALTA Survey o Plat of Dedication and/or Plat of Easement preparation o Land Acquisition and Property Negotiations o Environmental Surveys o WIFIA Loan Application or Loan Processing/Coordination other than items noted in above scope o Illinois PWSLP State Revolving Fund Coordination or Assistance o New Electrical Service Fees o Engineering Related to the Pump Station o Engineering Related to an Altitude Valve o Engineering related to a Chlorine Analyzer Within the Tank o Permitting and Sign-off Coordination Other Than Those identified in 1.08 and 2.05 The above scope summarizes the work items that will be completed for this contract. Additional work items, including additional meetings beyond the meetings defined in the above scope shall be considered outside the scope of the base contract and will be billed in accordance with EEI’s Standard Schedule of Charges (Attachment F) in affect at the time the extra work is performed. ATTACHMENT C: ESTIMATED LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBER United City of Yorkville YO2417-P PROJECT TITLE DATE PREPARED BY Lake Michigan South Receiving Station Standpipe ROLE PIC QC/QA PM SPE 2 PE SPT 2 SPT 1 ADMIN RATE $246 $241 $210 $200 $168 $175 $164 $70 PROJECT FACILITATION & ADMINISTRATION 0.01 Project Management and Administration 2 12 14 3,012$ 0.02 On-going City Communication/Coordination/Updates 12 4 16 3,692$ 0.03 9 9 12 3 12 45 9,519$ Project Facilitation & Administration Subtotal: 11 21 24 7 12 - - - 75 16,223$ PRELIMINARY DESIGN PHASE 1.01 Confirm the Size and Dimensions of the Standpipe 1 8 8 8 25 5,198$ 1.02 Prepare Summary of Potential Bidders / Tank Erectors 1 2 2 4 9 1,733$ 1.03 Coordinate Soil Borings and Soils Report 1 1 4 4 10 1,823$ 1.04 Conduct Site Visits (2) - Pre and Post Design 6 6 6 18 3,714$ 1.05 Perform a JULIE Design Request 2 6 8 1,428$ 1.06 Coordination with North Receiving Station Design Team for Bid Item/Scope Boundaries 4 4 4 12 2,476$ 1.07 Prepare Draft Site Plan (Rough grading, Water Main, Storm Sewer/Drainage) 2 8 1 8 12 31 5,806$ 1.08 - -$ 1 2 3 546$ 1 2 4 7 1,246$ Stormwater Permitting (Assumes No Wetlands, No Floodplain) 1 8 2 11 2,146$ 1 2 3 546$ City Building Permit 1 1 2 378$ Federal Aviation Administration 1 2 4 7 1,246$ 1.09 Electrical/ComEd Application and Initial Coordination 4 12 12 28 5,500$ 1.10 Facilitate Mixing System Discussions with Vendors 2 4 4 8 18 3,466$ 1.11 Facilitate Cathodic Protection Discussions with Vendors 2 4 4 4 14 2,794$ 1.12 Prepare/Review Coating Systems and Tank Optional Features with City Staff 2 4 4 4 14 2,794$ 1.13 Develop Tank Orientation/Tank Cross-Section Plans 2 6 12 20 3,650$ 1.14 Prepare Logo Renderings (3) and Facilitate Logo Discussion with City 1 4 4 4 24 37 6,658$ 1.15 Telecommunication Facility Location Coordination 4 24 28 4,736$ 1.16 Prepare 30% Complete Drawings and Specifications 4 8 8 12 32 6,212$ 1.17 2 2 492$ Preliminary Design Phase Subtotal: 4 42 73 41 83 24 72 - 339 64,588$ FINAL DESIGN PHASE 2.01 Prepare 60% Complete Drawings and Specifications 12 12 12 36 6,888$ 2.02 1 1 4 6 1,034$ 2.03 4 40 8 40 40 132 24,244$ 2.04 4 4 8 1,804$ 2.05 1 4 6 11 2,089$ 2.06 1 2 1 12 16 2,877$ 2.07 SCADA Integration and Design 2 4 4 8 18 3,466$ 2.08 Complete Plans and Specifications to 100% 4 2 4 2 8 12 32 6,018$ 2.09 1 1 2 1 2 7 1,443$ Final Design Phase Subtotal: 5 15 73 28 77 - 68 - 266 49,863$ BIDDING AND CONTRACTING PHASE 3.01 1 4 2 8 15 2,825$ 3.02 Respond to Bidder Inquiries/Prepare Addenda 6 12 6 16 40 7,854$ 3.03 4 4 280$ 3.04 Prepare IEPA - Notice of Intent 2 2 336$ 3.05 Prepare for and Attend Bid Opening 4 4 2 10 1,652$ 3.06 Assist City in Review of Bids and Prepare Bid Tabulation/Contract 1 4 2 7 1,053$ 3.07 2 2 492$ Bidding and Contracting Phase Subtotal: 2 8 20 8 34 - - 8 80 14,492$ FUNDING ASSISTANCE 4.01 Coordinating WIFIA Loan 8 16 24 4,368$ Funding Assistance Subtotal: - - 8 - 16 - - - 24 4,368$ SURVEYING 5.01 Surveying (Topographic Survey and ALTA Survey)- -$ Surveying Subtotal: - - - - - - - - - -$ 22 86 198 84 222 24 140 8 784 149,534 EEI STAFF PIC Principal In Charge 500$ SPM Senior Project Manager Vehicle Charges/Mileage = 200$ PM Project Manager Electrical/SCADA = 30,000$ SPE 2 Senior Project Engineer II 30,000$ PE Project Engineer 5,000$ SPT 2 Senior Project Technician II Title Commitment = 800$ SPT 1 Senior Project Technician I 3,000$ ST Senior Technician DIRECT EXPENSES = 69,500$ ADMIN Adminstrative Assistant 149,534$ 149,534$ 219,034$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com Coordination with Landscape Architect Printing = Geotechnical and CCDD = TOTAL COSTS MLP TASK NO.TASK DESCRIPTION HOURS COST Project Initiation & Progress Meetings (3 Total Meetings with City plus internal review meetings) Permits/Sign-offs IDNR - EcoCAT Sign-off INCLUDED IN THE SOUTH RECEIVING STATION CONTRACT SCOPE 7/9/24 SHPO/HARGIS - Historic Sign-off Present Final Layout and Logo to City Council/PW Committee IDNR - Notice of Intent (NOI) Maintain Bidders List, Coordinate Addenda and Distribution - Use Quest Attend City Council/PW Committee Meeting for Anticipated Contract Award Prepare 95% Complete Drawings and Specifications Prepare Basis of Design for EWST for IEPA Permit (Public Water Supplies) Prepare, Coordinate, and Submit IEPA Permit Applications (Public Water Supplies) Prepare 95% Engineer's Opinion of Probable Construction Cost Prepare 100% Engineer's Opinion of Probable Construction Cost Prepare Final Bid Documents and Coordinate Advertise for Bid LABOR SUMMARY EEI Labor Expenses = TOTAL LABOR EXPENSES Landscape Architect = Archaeological Survey = PROJECT TOTAL: DIRECT EXPENSES 320'400' 400'320'• •••Engineering Enterprises, Inc.11PROPOSED SOUTH DELIVERY STATIONSITE PLAN (PRELIMINARY)LAKE MICHIGANPRELIMINARY ENGINEERINGUNITED CITY OF YORKVILLEIL ROUTE 126WING ROADIL ROUTE 126WING ROADIL ROUTE 71LOCATION MAP ATTACHMENT E: ESTIMATED SCHEDULE CLIENT PROJECT NUMBER United City of Yorkville YO2417-P PROJECT TITLE DATE PREPARED BY Lake Michigan South Receiving Station Standpipe MLP JUL AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY PROJECT FACILITATION & ADMINISTRATION 0.01 Project Management and Administration 0.02 On-going City Communication/Coordination/Updates 0.03 PRELIMINARY DESIGN PHASE 1.01 Confirm the Size and Dimensions of the Standpipe 1.02 Prepare Summary of Potential Bidders / Tank Erectors 1.03 Coordinate Soil Borings and Soils Report 1.04 Conduct Site Visits (2) - Pre and Post Design 1.05 Perform a JULIE Design Request 1.06 1.07 Prepare Draft Site Plan (Rough grading, Water Main, Storm Sewer/Drainage) 1.08 Stormwater Permitting (Assumes No Wetlands, No Floodplain) City Building Permit Federal Aviation Administration 1.09 Electrical/ComEd Application and Initial Coordination 1.1 Facilitate Mixing System Discussions with Vendors 1.11 Facilitate Cathodic Protection Discussions with Vendors 1.12 Prepare/Review Coating Systems and Tank Optional Features with City Staff 1.13 Develop Tank Orientation/Tank Cross-Section Plans 1.14 Prepare Logo Renderings (3) and Facilitate Logo Discussion with City 1.15 Telecommunication Facility Location Coordination 1.16 Prepare 30% Complete Drawings and Specifications 1.17 FINAL DESIGN PHASE 2.01 Prepare 60% Complete Drawings and Specifications 2.02 2.03 2.04 2.05 2.06 2.07 SCADA Integration and Design 2.08 Complete Plans and Specifications to 100% 2.09 BIDDING AND CONTRACTING PHASE 3.01 3.02 Respond to Bidder Inquiries/Prepare Addenda 3.03 3.04 Prepare IEPA - Notice of Intent 3.05 Prepare for and Attend Bid Opening 3.06 Assist City in Review of Bids and Prepare Bid Tabulation/Contract 3.07 FUNDING ASSISTANCE 4.01 Coordinating WIFIA Loan 52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com Coordinate with Landscape Architect IEPA REVIEW Attend City Council/PW Committee Meeting for Anticipated Contract Award and Coordinate Contracts Prepare Final Bid Documents and Coordinate Advertise for Bid Maintain Bidders List, Coordinate Addenda and Distribution - Use Quest Prepare Basis of Design for EWST for IEPA Permit (Public Water Supplies) Prepare, Coordinate, and Submit IEPA Permit Applications (Public Water Supplies) Prepare 95% Engineer's Opinion of Probable Construction Cost Prepare 100% Engineer's Opinion of Probable Construction Cost Project Initiation & Progress Meetings (3 Total Meetings with City plus internal Coordination with North Receiving Station Design Team for Bid Item/Scope Boundaries Present Final Layout and Logo to City Council/PW Committee Prepare 95% Complete Drawings and Specifications IDNR - Notice of Intent (NOI) Permits/Sign-offs IDNR - EcoCAT Sign-off SHPO/HARGIS - Historic Sign-off 7/9/24 TASK NO.TASK DESCRIPTION 2025 EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $246.00 Principal E-3 $241.00 Senior Project Manager E-2 $234.00 Project Manager E-1 $210.00 Senior Project Engineer/Surveyor II P-6 $200.00 Senior Project Engineer/Surveyor I P-5 $186.00 Project Engineer/Surveyor P-4 $168.00 Senior Engineer/Surveyor P-3 $155.00 Engineer/Surveyor P-2 $140.00 Associate Engineer/Surveyor P-1 $127.00 Senior Project Technician II T-6 $175.00 Senior Project Technician I T-5 $164.00 Project Technician T-4 $153.00 Senior Technician T-3 $140.00 Technician T-2 $127.00 Associate Technician T-1 $111.00 GIS Technician II G-2 $125.00 GIS Technician I G-1 $114.00 Engineering/Land Surveying Intern I-1 $ 82.00 Executive Administrative Assistant A-4 $ 77.00 Administrative Assistant A-3 $ 72.00 VEHICLES. REPROGRAPHICS, DIRECT COSTS, DRONE AND EXPERT TESTIMONY Vehicle for Construction Observation $ 20.00 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 $ 225.00 Expert Testimony $ 275.00 ATTACHMENT F - STANDARD SCHEDULE OF CHARGES ~ JANUARY 1, 2024 ATTACHMENT G IEPA PROFESSIONAL SERVICES CONTRACT CLAUSES Audit and Access to Records Clause: A. Books, records, documents and other evidence directly pertinent to performance of PWSLP/WPCLP loan work under this agreement shall be maintained in accordance with generally accepted Accounting Principles. The Agency or any of its authorized representatives shall have access to the books, records, documents and other evidence for the purpose of inspection, audit and copying. Facilities shall be provided for access and inspection. B. Audits conducted pursuant to this provision shall be in accordance with auditing standards generally accepted in the United States of America. C. All information and reports resulting from access to records pursuant to the above shall be disclosed to the Agency. The auditing agency shall afford the engineer an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. D. The final audit report shall include the written comments, if any, of the audited parties. E. Records shall be maintained and made available during performance of project services under this agreement and for three years after the final loan closing. In addition, those records that relate to any dispute pursuant to the Loan Rules Section 365.650 or Section 662.650 (Disputes) or litigation or the settlement of claims arising out of project performance or costs or items to which an audit exception has been taken, shall be maintained and made available for three years after the resolution of the appeal, litigation, claim or exception. Covenant Against Contingent Fees: The professional services contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bonafide employees. For breach or violation of this warranty, the loan recipient shall have the right to annul this agreement without liability or in its discretion to deduct from the contract price or consideration or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. Certification Regarding Debarment, Suspension and Other Responsibility Matters: Form EPA 5700-49 is signed and attached as part of Attachment G. USEPA Nondiscrimination Clause: The contractor (engineer) shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. USEPA Fair Share Percentage Clause: The engineer agrees to take affirmative steps to assure that disadvantaged business enterprises are utilized when possible as sources of supplies, equipment, construction and services in accordance with the [WPC or PWS] Loan Program rules. As required by the award conditions of USEPA's Assistance Agreement with Illinois EPA, the engineer acknowledges that the fair share percentages are 5% for MBEs & 12% for WBEs”. United States Environmental Protection Agency Washington, D.C. 20460 Certification Regarding Debarment, Suspension, and Other Responsibility Matters The prospective participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public: (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. Typed Name and Title of Authorized Representative Signature of Authorized Representative Date I am unable to certify to the above statements. May explanation is attached. EPA FORM 5700-49 (11-88) EPA Project Control Number ATTACHMENT H SUPPLEMENTARY USEPA / WIFIA PROFESSIONAL SERVICES CONTRACT CLAUSES ECONOMIC AND MISCELLANEOUS AUTHORITIES DEBARMENT AND SUSPENSION AND PROHIBITIONS RELATING TO VIOLATIONS OF CWA AND CAA WITH RESPECT TO FEDERAL CONTRACTS, GRANTS, OR LOANS Debarment and Suspension. Contractor certifies that it will not knowingly enter into a contract with anyone who is ineligible under the 2 CFR part 180 and part 1532 (per Executive Order 12549, 51 FR 6370, February 21, 1986) or who is prohibited under Section 306 of the Clean Air Act or Section 508 of the Clean Water Act to participate in the [Project]. Suspension and debarment information can be accessed at http://www.sam.gov. Contractor represents and warrants that it has or will include a term or conditions requiring compliance with this provision in all of its subcontracts under this Agreement. NEW RESTRICTIONS ON LOBBYING Federal Lobbying Restrictions (31 U.S.C 1352). Recipients of federal financial assistance may not pay any person for influencing or attempting to influence any officer or employee of a federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress with respect to the award, continuation, renewal, amendment, or modification of a federal grant, loan, or contract. These requirements are implemented for USEPA in 40 CFR Part 34, which also describes types of activities, such as legislative liaison activities and professional and technical services, which are not subject to this prohibition. Upon award of this contract, Contractor shall complete and submit to the City the certification and disclosure forms in Appendix A and Appendix B to 40 CFR Part 34. Contractor shall also require all subcontractors and suppliers of any tier awarded a subcontract over $100,000 to similarly complete and submit the certification and disclosure forms pursuant to the process set forth in 40 CFR 34.110. 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 #11 Tracking Number PW 2024-63 Northwest Elevated Water Storage Tank – Design Engineering Agreement Public Works Committee – July 16, 2024 Majority Approval Please see the attached memo. Eric Dhuse Public Works Name Department Summary A proposed design engineering agreement from EEI for the Northwest Elevated Water Storage Tank (EWST). This tank is needed as part of the Lake Michigan project. This is budgeted for in the approved FY 25 budget. Background As part of our Lake Michigan allocation, we are required to have 2 days’ worth of water in storage. To meet this rule, the city has proposed to construct an EWST in the northwest quadrant of the city and a standpipe in the southeast quadrant. This agreement addresses the northwest EWST and its design. Last month, the committee saw the design engineering agreements for the receiving stations. This month is the storage tanks that we are going to pump water into from those receiving stations. These are under separate contracts because this type of work is so specialized and there are very few bidders. We want to keep this separate from the receiving stations to ensure quality bidders. EEI is proposing a fixed fee of $258,234. This is $8,234 over the budgeted amount. In addition to the standard engineering work, this contract also includes legal surveying, State Revolving Fund coordination, subcontractor oversight and coordination for geotechnical and landscape Architects. Lastly, this contract includes some design work for water main to get to the site from the intersection of Eldamain and Corneils Rd. This is in the approved budget in the water fund line-item Water Sourcing-DWC 51-510- 60-00-6011. Recommendation Staff Recommends approval of this contract with EEI in the amount of $258,234. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, City Administrator Date: July 10, 2024 Subject: Northwest EWST Design Engineering Agreement UNITED CITY OF YORKVILLE NORTHWEST ELEVATED WATER STORAGE TANK PAGE 1 Northwest Elevated Water Storage Tank United City of Yorkville Agreement for Professional Services – 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: The Engineer shall furnish the necessary personnel, materials, equipment and expertise to make the necessary investigations, analysis and calculations along with exhibits, cost estimates and narrative, to complete all necessary engineering services to the City as indicated on the included Attachment A. Design Engineering services shall be provided as indicated on the Scope of Services on Attachment B. The Engineer shall work with the City to develop a contracting and bidding schedule consistent with available funding. All Engineering will be in accordance with all City, Standard Specifications for Water and Sewer Construction in Illinois, Illinois Environmental Protection Agency, 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 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 Estimated Level of Effort and Associated Cost included in Attachment C. Design Engineering will be paid for monthly based on the percentage of the project that is complete. The Fixed Fee amount for the Design Engineering is $258,234.00. The hourly rates for this project are shown in Attachment E. 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 UNITED CITY OF YORKVILLE NORTHWEST ELEVATED WATER STORAGE TANK PAGE 2 attachments hereto) and said changes shall only be effective on and after May 1st of that same year. 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 Kane County, Illinois. G. Independent ENGINEER: 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 ENGINEER. ENGINEER will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The ENGINEER 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 ENGINEER 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 ENGINEER is an individual, the ENGINEER 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 NORTHWEST ELEVATED WATER STORAGE TANK 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 ENGINEER 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 ENGINEER 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 ENGINEER 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 ENGINEER 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 ENGINEER 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 ENGINEER agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The ENGINEER 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 ENGINEER (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 NORTHWEST ELEVATED WATER STORAGE TANK 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 ENGINEER 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 ENGINEER 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 ENGINEER 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) UNITED CITY OF YORKVILLE NORTHWEST ELEVATED WATER STORAGE TANK PAGE 5 K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attached Exhibits. Except for those terms included on the Exhibits, no additional terms are included as a part of this agreement. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of Attachments are as follows: Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Attachment C: Estimated Level of Effort and Associated Cost Attachment D: Anticipated Project Schedule Attachment E: 2024 Standard Schedule of Charges Attachment F: IEPA Professional Services Contract Clauses Attachment G: USEPA / WIFIA Professional Services Contract Clauses 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 Bradley P. Sanderson, P.E. Mayor Chief Operating Officer /President _________________________________ ______________________________ Jori Behland Angela R. Smith City Clerk Executive Assistant ENGINEERING ENTERPRISES, INC. JUNE 2024 PAGE 1 ATTACHMENT A – STANDARD TERMS AND CONDITIONS Agreement: These Standard Terms and Conditions, together with the Professional Services Agreement, constitute the entire integrated agreement between the OWNER and Engineering Enterprises, Inc. (EEI) (hereinafter “Agreement”), and take precedence over any other provisions between the Parties. These terms may be amended, but only if both parties consent in writing. However, to the extent that the Scope of Work differs from the Standard Terms and Conditions, the Scope of Work document controls. 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. ENGINEER agrees to cooperate with the OWNER, as necessary, to remediate a Hazardous Condition, but same may result in additional costs to the OWNER. ENGINEERING ENTERPRISES, INC. JUNE 2024 PAGE 2 Consequential Damages: Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective officers, directors, partners, employees, contractors, or subcontractors shall be liable to the other or shall make any claim for any incidental, indirect, or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. Termination: This Agreement may be terminated for convenience, without cause, upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation as set forth in the Professional Services Agreement for all costs incurred through the date of termination. Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days’ written notice for the following reasons: (a) Substantial failure by the other party to comply with or perform in accordance with the terms of the Agreement and through no fault of the terminating party; (b) Assignment of the Agreement or transfer of the project without the prior written consent of the other party; (c) Suspension of the project or the ENGINEER’S services by the OWNER for a period of greater than ninety (90) calendar days, consecutive or in the aggregate. (d) Material changes in the conditions under which this Agreement was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. Payment of Invoices: Invoices are due and payable within 30 days of receipt unless otherwise agreed to in writing. Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the OWNER or the ENGINEER. The ENGINEER’S services under this Agreement are being performed solely and exclusively for the OWNER’S benefit, and no other party or entity shall have any claim against the ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, vendors and other entities involved in this Project to carry out the intent of this provision. Force Majeure: Each Party shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and the nonperforming party promptly provides notice of such prevention to the other party. Such excuse shall be continued so long as the condition constituting force majeure continues. The party affected by such force majeure also shall notify the other party of the anticipated duration of such force majeure, any actions being taken to avoid or minimize its effect after such occurrence, and shall take reasonable efforts to remove the condition constituting such force majeure. For purposes of this Agreement, “force majeure” shall include conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer. Additional Terms or Modification: All prior understandings and agreements between the parties are merged into this Agreement, and this Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by both parties. In the event that any provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under or interest in this Agreement without the prior written consent of the other party. Subcontracting normally contemplated by the ENGINEER shall not be considered an assignment for purposes of this Agreement. Waiver: A party’s waiver of, or the failure or delay in enforcing any provision of this Agreement shall not constitute a waiver of the provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Attorney’s Fees: In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover from the other all costs and expenses including without limitation the reasonable fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the Court may adjudge reasonable. 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 NORTHWEST ELEVATED WATER STORAGE TANK PAGE 1 Northwest Elevated Water Storage Tank (Spheroid) – Design Engineering United City of Yorkville, IL Attachment B – Scope of Services The United City of Yorkville requires Design Engineering services to construct a water spheroid as part of the connection needs to receive water supply from DuPage Water Commission (DWC). Items include design of a new elevated water storage tank (spheroidal style) along with approximately 1,500 feet of water main and valves to the point of connection to the existing water main. The location of the tank will be confirmed as part of this scope, but it is currently anticipated to be approximately 1,500 feet north of the intersection of Eldamain Road and Corneils Road on the east side of the road. The City has begun implementing a multi-year program to construct required infrastructure to connect to receive water supply from DWC utilizing funds from the IEPA Public Water Supply Loan Program (PWSLP). To be eligible for the loan, the City has an approved Drinking Water Project Plan. The following list of work items establishes the scope of engineering services for this project: PROJECT FACILITATION AND ADMINISTRATION: 0.01 Project Management and Administration • Management of Personnel and the Engineering Contract • Budget Tracking • Coordination with the City and Subconsultants 0.02 On-going City Communication/Coordination Updates 0.03 Project Kickoff and Progress Review Meetings (3 Total Meetings with City plus Internal Meetings) • Project Kick-Off Meeting Between the City and EEI o Prepare Discussion Outline and Minutes o Attend Meeting at City Hall or Virtual o Site Visit After Meeting • Two (2) Design Progress Meetings Between the City and EEI prior to Bidding o Prepare Discussion Outlines and Minutes o Attend Meetings at City Hall or Virtual PRELIMINARY DESIGN PHASE: 1.01 Confirm the Size of the EWST (2.0 MG) 1.02 Confirm the location of the EWST 1.03 Prepare Summary of Potential Bidders / Tank Erectors 1.04 Coordinate Soil Borings and Soils Report 1.05 Conduct Site Visits (2) - Pre and Post Design 1.06 Perform a JULIE Design Request 1.07 Prepare Draft Site Plan (Rough grading, Water Main, Storm Sewer/Drainage) UNITED CITY OF YORKVILLE NORTHWEST ELEVATED WATER STORAGE TANK PAGE 2 1.08 Prepare Preliminary Routing of Off-site Water Main (Approximately 1,500 feet) 1.09 Prepare and Obtain the Following Permits/Sign-offs • IDNR - EcoCAT Sign-off • SHPO/HARGIS - Historic Sign-off • Stormwater Permitting (Assumes No Wetlands, No Floodplain) • IDNR - Notice of Intent (NOI) • City Building Permit • Federal Aviation Administration 1.10 Electrical/ComEd Application Preparation and Initial Coordination 1.11 Facilitate Mixing System Discussions with Vendors 1.12 Facilitate Cathodic Protection Discussions with Vendors 1.13 Prepare/Review Coating Systems and Tank Optional Features with City Staff 1.14 Develop Tank Orientation/Tank Cross-Section Plans 1.15 Prepare Logo Renderings (3) and Facilitate Logo Discussion with City 1.16 Telecommunication Facility Location Coordination 1.17 Prepare 30% Complete Drawings and Specifications 1.18 Present Final Layout and Logo to City Council/PW Committee FINAL DESIGN PHASE 2.01 Prepare 60% Complete Drawings and Specifications 2.02 Coordination with Landscape Architect 2.02 Prepare 95% Complete Drawings and Specifications 2.03 Prepare Basis of Design for EWST for IEPA Permit (Public Water Supplies) 2.04 Prepare, Coordinate, and Submit IEPA Permit Applications (Public Water Supplies) 2.05 Prepare 95% Engineer's Opinion of Probable Construction Cost 2.06 SCADA Integration and Design 2.07 Complete Plans and Specifications to 100% 2.08 Prepare 100% Engineer's Opinion of Probable Construction Cost BIDDING AND CONTRACTING PHASE 3.01 Prepare Final Bid Documents and Coordinate Advertise for Bid 3.02 Respond to Bidder Inquiries/Prepare Addenda 3.03 Maintain Bidders List, Coordinate Addenda and Distribution Utilizing Quest 3.04 Prepare IEPA - Notice of Intent 3.05 Prepare for and Attend Bid Opening 3.06 Assist City in Review of Bids and Prepare Bid Tabulation/Contract 3.07 Attend City Council/PW Committee Meeting for Anticipated Contract Award FUNDING ASSISTANCE 4.01 Preparing and Coordinating Illinois PWSLP Loan Application • Prepare Loan Application Form o Loan Program Certifications and Resolutions  Disbarment, Suspension, and Other Responsibility Matters  Intent Regarding National Flood Insurance  Project Site Rights of Way, Easements, and Permits UNITED CITY OF YORKVILLE NORTHWEST ELEVATED WATER STORAGE TANK PAGE 3  Taxpayer ID (FEIN) Certifications  Five Officer Certification Form  Tax Compliance Certificate and Agreement  Authorizing Representative to Sign Loan Documents  Certified Bond Ordinance o Existing Water Rate Ordinance o Water System Information o Project Completion Schedule and Estimates • Financial Coordination with the City o Current and Future Debt o Comprehensive Financial Projections (5 years) o Audited Financial Statements o Bond Ratings 4.02 Coordinating WIFIA Loan • Coordination with USEPA to furnish required documentation necessary for funding (executed engineering agreements, final bid and contract documents, executed construction contracts) • Advertisement for DBE’s consistent with good faith requirements regarding use of DBE’s SURVEYING 5.01 Perform and prepare a topological survey for 225’ x 225’ site plus approximately 1500 feet of water main • Perform Field Topographic and Boundary Work • Process Topographic Survey 5.02 Prepare an ALTA Survey for the 225’ x 225’ site 5.03 Prepare Plat of Easement or Easement Exhibit for the Temporary Easement associated with the 1,500 feet of Off-site Water Main DIRECT EXPENSES The following scope of services will be provided by EEI’s subconsultants: • Electrical/SCADA (Consultant To Be Determined) • Geotechnical and CCDD (Rubino Engineering, Inc.) o Four (4) Soil Borings at a Maximum Depth of 100’ (or to refusal) o Three (3) Soil Borings at a Maximum Depth of 25’ o Prepare Geotechnical Report and CCDD Analysis o Prepare LPC 662/663 Permit • Archaeological Survey • Title Commitment • Landscape Architecture NOTES AND EXCLUSIONS • Assumed no stormwater detention will be required. • The above scope of services does not include the following: o Construction Engineering UNITED CITY OF YORKVILLE NORTHWEST ELEVATED WATER STORAGE TANK PAGE 4 o Site Survey Outside of Scope Identified in Scope Item 5.01 o Land Acquisition and Property Negotiations o Environmental Surveys o WIFIA Loan Application or Loan Processing/Coordination other than items noted in above scope o New Electrical Service Fees o Engineering Related to an Altitude Valve o Engineering related to a Chlorine Analyzer Within the Tank o Permitting and Sign-off Coordination Other Than Those identified in 1.09 and 2.04 The above scope summarizes the work items that will be completed for this contract. Additional work items, including additional meetings beyond the meetings defined in the above scope shall be considered outside the scope of the base contract and will be billed in accordance with EEI’s Standard Schedule of Charges (Attachment E) in affect at the time the extra work is performed. ATTACHMENT C: ESTIMATED LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBER United City of Yorkville YO2418-P PROJECT TITLE DATE PREPARED BY Northwest Elevated Water Storage Tank (Spheroid) ROLE PIC QC/QA SPM PM SPE 2 PE SPT 2 SPT 1 ADMIN RATE $246 $241 $234 $210 $200 $168 $175 $164 $70 PROJECT FACILITATION & ADMINISTRATION 0.01 Project Management and Administration 2 12 14 3,012$ 0.02 On-going City Communication/Coordination/Updates 12 4 16 3,692$ 0.03 9 9 12 3 12 45 9,519$ Project Facilitation & Administration Subtotal: 11 21 - 24 7 12 - - - 75 16,223$ PRELIMINARY DESIGN PHASE 1.01 Confirm the Size of the EWST (2.0 MG) 1 4 5 1,210$ 1.02 Confirm the location of the EWST 4 2 2 8 1,886$ 1.03 Prepare Summary of Potential Bidders / Tank Erectors 1 2 2 4 9 1,733$ 1.04 Coordinate Soil Borings and Soils Report 1 1 4 4 10 1,823$ 1.05 Conduct Site Visits (2) - Pre and Post Design 6 6 6 18 3,714$ 1.06 Perform a JULIE Design Request 2 6 8 1,428$ 1.07 Prepare Draft Site Plan (Rough grading, Water Main, Storm Sewer/Drainage) 2 8 1 8 12 31 5,806$ 1.08 Prepare Preliminary Routing of Off-site Water Main (Approximately 1,500 feet) 2 8 8 12 30 5,606$ 1.09 - -$ 1 2 3 546$ 1 2 4 7 1,246$ Stormwater Permitting (Assumes No Wetlands, No Floodplain)1 8 2 11 2,146$ 1 2 3 546$ City Building Permit 1 1 2 378$ Federal Aviation Administration 1 2 4 7 1,246$ 1.10 Electrical/ComEd Application and Initial Coordination 4 16 16 36 7,012$ 1.11 Facilitate Mixing System Discussions with Vendors 2 4 4 8 18 3,466$ 1.12 Facilitate Cathodic Protection Discussions with Vendors 2 4 4 4 14 2,794$ 1.13 Prepare/Review Coating Systems and Tank Optional Features with City Staff 2 4 4 4 14 2,794$ 1.14 Develop Tank Orientation/Tank Cross-Section Plans 2 6 12 20 3,650$ 1.15 Prepare Logo Renderings (3) and Facilitate Logo Discussion with City 1 4 4 4 24 37 6,658$ 1.16 Telecommunication Facility Location Coordination 4 24 28 4,736$ 1.17 Prepare 30% Complete Drawings and Specifications 4 8 8 12 32 6,212$ 1.18 2 2 492$ Preliminary Design Phase Subtotal: 8 38 - 75 41 83 36 72 - 353 67,128$ FINAL DESIGN PHASE 2.01 Prepare 60% Complete Drawings and Specifications 16 16 16 48 9,184$ 2.02 1 1 4 6 1,034$ 2.03 4 40 8 40 40 132 24,244$ 2.04 4 4 8 1,804$ 2.05 1 4 6 11 2,089$ 2.06 1 2 1 12 16 2,877$ 2.07 SCADA Integration and Design 2 4 4 8 18 3,466$ 2.08 Complete Plans and Specifications to 100% 4 2 4 2 8 12 32 6,018$ 2.09 1 1 2 1 2 7 1,443$ Final Design Phase Subtotal: 5 15 - 77 32 77 - 72 - 278 52,159$ BIDDING AND CONTRACTING PHASE 3.01 1 4 2 8 15 2,825$ 3.02 Respond to Bidder Inquiries/Prepare Addenda 6 12 6 16 40 7,854$ 3.03 4 4 280$ 3.04 Prepare IEPA - Notice of Intent 2 2 336$ 3.05 Prepare for and Attend Bid Opening 4 4 2 10 1,652$ 3.06 Assist City in Review of Bids and Prepare Bid Tabulation/Contract 1 4 2 7 1,053$ 3.07 2 2 492$ Bidding and Contracting Phase Subtotal: 2 8 - 20 8 34 - - 8 80 14,492$ FUNDING ASSISTANCE 4.01 Preparing and Coordinating Illinois PWSLP Loan Application 4 16 24 60 104 19,960$ 4.02 Coordinating WIFIA Loan 8 16 24 4,368$ Funding Assistance Subtotal: 4 16 - 32 - 76 - - - 128 24,328$ SURVEYING 5.01 Surveying (Topographic Survey, ALTA Survey, and Plat of Easement/Easement Exhibit) 31 18 49 10,404$ Surveying Subtotal: - - 31 - - - 18 - - 49 10,404$ 30 98 31 228 88 282 54 144 8 963 184,734 EEI STAFF PIC Principal In Charge 500$ SPM Senior Project Manager Vehicle Charges/Mileage = 200$ PM Project Manager Electrical/SCADA = 30,000$ SPE 2 Senior Project Engineer II 35,000$ PE Project Engineer 5,000$ SPT 2 Senior Project Technician II Title Commitment = 800$ SPT 1 Senior Project Technician I 2,000$ ST Senior Technician DIRECT EXPENSES = 73,500$ ADMIN Adminstrative Assistant 184,734$ 184,734$ 258,234$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com 7/9/24 MLP TASK NO.TASK DESCRIPTION HOURS COST SHPO/HARGIS - Historic Sign-off Project Initiation & Progress Meetings (3 Total Meetings with City plus internal review meetings) Permits/Sign-offs IDNR - EcoCAT Sign-off IDNR - Notice of Intent (NOI) PROJECT TOTAL: DIRECT EXPENSES Printing = Geotechnical and CCDD = Coordinate with Landscape Architect Present Final Layout and Logo to City Council/PW Committee TOTAL COSTS Maintain Bidders List, Coordinate Addenda and Distribution - Use Quest Attend City Council/PW Committee Meeting for Anticipated Contract Award Prepare 95% Complete Drawings and Specifications Prepare Basis of Design for EWST for IEPA Permit (Public Water Supplies) Prepare, Coordinate, and Submit IEPA Permit Applications (Public Water Supplies) Prepare 95% Engineer's Opinion of Probable Construction Cost Prepare 100% Engineer's Opinion of Probable Construction Cost Prepare Final Bid Documents and Coordinate Advertise for Bid LABOR SUMMARY EEI Labor Expenses = TOTAL LABOR EXPENSES Landscape Architect = Archaeological Survey = ATTACHMENT D: ESTIMATED SCHEDULE CLIENT PROJECT NUMBER United City of Yorkville YO2418-P PROJECT TITLE DATE PREPARED BY Northwest Elevated Water Storage Tank (Spheroid)MLP JUL AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY PROJECT FACILITATION & ADMINISTRATION 0.01 Project Management and Administration 0.02 On-going City Communication/Coordination/Updates 0.03 PRELIMINARY DESIGN PHASE 1.01 Confirm the Size of the EWST (2.0 MG) 1.02 Confirm the location of the EWST 1.03 Prepare Summary of Potential Bidders / Tank Erectors 1.04 Coordinate Soil Borings and Soils Report 1.05 Conduct Site Visits (2) - Pre and Post Design 1.06 Perform a JULIE Design Request 1.07 1.08 Prepare Preliminary Routing of Off-site Water Main (Approx. 1,500 feet) 1.09 Stormwater Permitting (Assumes No Wetlands, No Floodplain) City Building Permit Federal Aviation Administration 1.10 Electrical/ComEd Application and Initial Coordination 1.11 Facilitate Mixing System Discussions with Vendors 1.12 Facilitate Cathodic Protection Discussions with Vendors 1.13 1.14 Develop Tank Orientation/Tank Cross-Section Plans 1.15 Prepare Logo Renderings (3) and Facilitate Logo Discussion with City 1.16 Telecommunication Facility Location Coordination 1.17 Prepare 30% Complete Drawings and Specifications 1.18 FINAL DESIGN PHASE 2.01 Prepare 60% Complete Drawings and Specifications 2.02 2.03 2.04 2.05 2.06 2.07 SCADA Integration and Design 2.08 Complete Plans and Specifications to 100% 2.09 BIDDING AND CONTRACTING PHASE 3.01 3.02 Respond to Bidder Inquiries/Prepare Addenda 3.03 3.04 Prepare IEPA - Notice of Intent 3.05 Prepare for and Attend Bid Opening 3.06 Assist City in Review of Bids and Prepare Bid Tabulation/Contract 3.07 FUNDING ASSISTANCE 4.01 Preparing and Coordinating Illinois PWSLP Loan Application 4.02 Coordinating WIFIA Loan SURVEYING 5.01 52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com Prepare/Review Coating Systems and Tank Optional Features with City Staff 7/9/24 TASK NO.TASK DESCRIPTION 2024 2025 Project Initiation & Progress Meetings (3 Total Meetings with City plus Prepare Draft Site Plan (Rough grading, Water Main, Storm Sewer/Drainage) Present Final Layout and Logo to City Council/PW Committee Prepare 95% Complete Drawings and Specifications IDNR - Notice of Intent (NOI) Permits/Sign-offs IDNR - EcoCAT Sign-off SHPO/HARGIS - Historic Sign-off Surveying (Topographic Survey, ALTA Survey, and Plat of Easement/Easement Exhibit) Coordinate with Landscape Architect IEPA REVIEW Attend City Council/PW Committee Meeting for Anticipated Contract Award and Coordinate Contracts Prepare Final Bid Documents and Coordinate Advertise for Bid Maintain Bidders List, Coordinate Addenda and Distribution - Use Quest Prepare Basis of Design for EWST for IEPA Permit (Public Water Supplies) Prepare, Coordinate, and Submit IEPA Permit Applications (Public Water Supplies) Prepare 95% Engineer's Opinion of Probable Construction Cost Prepare 100% Engineer's Opinion of Probable Construction Cost EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $246.00 Principal E-3 $241.00 Senior Project Manager E-2 $234.00 Project Manager E-1 $210.00 Senior Project Engineer/Surveyor II P-6 $200.00 Senior Project Engineer/Surveyor I P-5 $186.00 Project Engineer/Surveyor P-4 $168.00 Senior Engineer/Surveyor P-3 $155.00 Engineer/Surveyor P-2 $140.00 Associate Engineer/Surveyor P-1 $127.00 Senior Project Technician II T-6 $175.00 Senior Project Technician I T-5 $164.00 Project Technician T-4 $153.00 Senior Technician T-3 $140.00 Technician T-2 $127.00 Associate Technician T-1 $111.00 GIS Technician II G-2 $125.00 GIS Technician I G-1 $114.00 Engineering/Land Surveying Intern I-1 $ 82.00 Executive Administrative Assistant A-4 $ 77.00 Administrative Assistant A-3 $ 72.00 VEHICLES. REPROGRAPHICS, DIRECT COSTS, DRONE AND EXPERT TESTIMONY Vehicle for Construction Observation $ 20.00 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 $ 225.00 Expert Testimony $ 275.00 ATTACHMENT E - STANDARD SCHEDULE OF CHARGES ~ JANUARY 1, 2024 ATTACHMENT F IEPA PROFESSIONAL SERVICES CONTRACT CLAUSES Audit and Access to Records Clause: A. Books, records, documents and other evidence directly pertinent to performance of PWSLP/WPCLP loan work under this agreement shall be maintained in accordance with generally accepted Accounting Principles. The Agency or any of its authorized representatives shall have access to the books, records, documents and other evidence for the purpose of inspection, audit and copying. Facilities shall be provided for access and inspection. B. Audits conducted pursuant to this provision shall be in accordance with auditing standards generally accepted in the United States of America. C. All information and reports resulting from access to records pursuant to the above shall be disclosed to the Agency. The auditing agency shall afford the engineer an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. D. The final audit report shall include the written comments, if any, of the audited parties. E. Records shall be maintained and made available during performance of project services under this agreement and for three years after the final loan closing. In addition, those records that relate to any dispute pursuant to the Loan Rules Section 365.650 or Section 662.650 (Disputes) or litigation or the settlement of claims arising out of project performance or costs or items to which an audit exception has been taken, shall be maintained and made available for three years after the resolution of the appeal, litigation, claim or exception. Covenant Against Contingent Fees: The professional services contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bonafide employees. For breach or violation of this warranty, the loan recipient shall have the right to annul this agreement without liability or in its discretion to deduct from the contract price or consideration or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. Certification Regarding Debarment, Suspension and Other Responsibility Matters: Form EPA 5700-49 is signed and attached as part of Attachment G. USEPA Nondiscrimination Clause: The contractor (engineer) shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. USEPA Fair Share Percentage Clause: The engineer agrees to take affirmative steps to assure that disadvantaged business enterprises are utilized when possible as sources of supplies, equipment, construction and services in accordance with the [WPC or PWS] Loan Program rules. As required by the award conditions of USEPA's Assistance Agreement with Illinois EPA, the engineer acknowledges that the fair share percentages are 5% for MBEs & 12% for WBEs”. United States Environmental Protection Agency Washington, D.C. 20460 Certification Regarding Debarment, Suspension, and Other Responsibility Matters The prospective participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public: (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. Typed Name and Title of Authorized Representative Signature of Authorized Representative Date I am unable to certify to the above statements. May explanation is attached. EPA FORM 5700-49 (11-88) EPA Project Control Number ATTACHMENT G SUPPLEMENTARY USEPA / WIFIA PROFESSIONAL SERVICES CONTRACT CLAUSES ECONOMIC AND MISCELLANEOUS AUTHORITIES DEBARMENT AND SUSPENSION AND PROHIBITIONS RELATING TO VIOLATIONS OF CWA AND CAA WITH RESPECT TO FEDERAL CONTRACTS, GRANTS, OR LOANS Debarment and Suspension. Contractor certifies that it will not knowingly enter into a contract with anyone who is ineligible under the 2 CFR part 180 and part 1532 (per Executive Order 12549, 51 FR 6370, February 21, 1986) or who is prohibited under Section 306 of the Clean Air Act or Section 508 of the Clean Water Act to participate in the [Project]. Suspension and debarment information can be accessed at http://www.sam.gov. Contractor represents and warrants that it has or will include a term or conditions requiring compliance with this provision in all of its subcontracts under this Agreement. NEW RESTRICTIONS ON LOBBYING Federal Lobbying Restrictions (31 U.S.C 1352). Recipients of federal financial assistance may not pay any person for influencing or attempting to influence any officer or employee of a federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress with respect to the award, continuation, renewal, amendment, or modification of a federal grant, loan, or contract. These requirements are implemented for USEPA in 40 CFR Part 34, which also describes types of activities, such as legislative liaison activities and professional and technical services, which are not subject to this prohibition. Upon award of this contract, Contractor shall complete and submit to the City the certification and disclosure forms in Appendix A and Appendix B to 40 CFR Part 34. Contractor shall also require all subcontractors and suppliers of any tier awarded a subcontract over $100,000 to similarly complete and submit the certification and disclosure forms pursuant to the process set forth in 40 CFR 34.110. 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 #12 Tracking Number PW 2024-64 YBSD Water Main Extension – Recommendation of Award Public Works Committee – July 16, 2024 Majority Consideration of Contract Award Please see the attached memo. Brad Sanderson Engineering Name Department Bids were received, opened and tabulated for work to be done on the YBSD Water Main Extension at 11:00 a.m., June 6, 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 bidder performed work for the City in 2021 on the Elizabeth Street and Appletree Court. Their performance on the project was not up to City standards. Issues noted were as follows:  Daily production was significantly less than expected which led to a longer time period that residents were disrupted. This also led to increased construction engineering fees.  Completion of the punchlist work and final project restoration was challenging and took much longer than expected. The restoration was not fully accepted until one year after substantial completion.  Overall project management and scheduling for the completion of the various tasks was not to City expectations (water main, water services, paving, grading and landscaping). The YBSD Water Main project involves complex construction as we need to cross Blackberry Creek and River Road which requires coordination and efficiency. The following clause is within the bid documents: The OWNER reserves the right to reject any and all bid proposals, to contract work with whomever and in whatever manner the OWNER decides, to abandon the work entirely, or to waive any informality or non-substantive irregularity as the interest of the OWNER may require. The OWNER reserves the right to award a bid proposal based on any combination of the Base Bid and/or Alternates at the OWNER’s choosing. Therefore, we recommend the acceptance of the bid and approval of award be made to the 2nd lowest bidder, Winninger Excavating, Inc., 1211 Deer Street, Yorkville, IL 60560, in the total amount of $517,247.46. 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: June 10, 2024 Subject: YBSD Water Main Extension Page 1 of 1 BID TABULATION ENGINEER'S ESTIMATE H. Linden & Sons Sewer and Water, Inc.Conley Excavating, Inc.Performance Const & Eng LLC BIDS RECEIVED 11:00 A.M. 06/06/2024 52 Wheeler Road 722 E. South St., Unit D 1555 Gramercy Pl 217 W. John Street Sugar Grove, IL 60554 Plano, IL-60545 Morris, IL-60450 Plano, IL-60545 BASE BID TOTAL $527,182.00 $865,654.00 $608,993.00 $597,880.00 BID BOND X X X SIGNED BID X X X ADDENDUM NO. 1 X X X ADDENDUM NO. 2 X X X BID TABULATION Stokes Excavating, Inc.Winninger Excavating, Inc.Scanlon Excavating & Concrete, Inc. BIDS RECEIVED 11:00 A.M. 06/06/2024 903 Daisyfield Rd 1211 Deer St 630 S 7000 W Rd Rockford, IL-61102 Yorkville, IL-60560 Kankakee, IL-60901 BASE BID TOTAL $500,508.00 $517,247.46 $717,469.46 BID BOND X X X SIGNED BID X X X ADDENDUM NO. 1 X X X ADDENDUM NO. 2 X X X BID SUMMARY YBSD WATER MAIN EXTENSION UNITED CITY OF YORKVILLE ENGINEERING ENTERPRISES, INC. 52 WHEELER ROAD, SUGAR GROVE, ILLINOIS BID TABULATION YBSD WATER MAIN EXTENSION UNITED CITY OF YORKVILLE BIDS RECD 6/6/2024 ITEM UNIT UNIT UNIT UNIT UNIT UNIT UNIT NO.DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1 TREE REMOVAL AC 0.3 1,000.00$ 300.00$ 32,000.00$ 9,600.00$ 12,000.00$ 3,600.00$ 40,000.00$ 12,000.00$ 45,000.00$ 13,500.00$ 30,000.00$ 9,000.00$ 7,500.00$ 2,250.00$ 2 TREE ROOT PRUNING EACH 1 50.00$ 50.00$ 150.00$ 150.00$ 200.00$ 200.00$ 500.00$ 500.00$ 250.00$ 250.00$ 200.00$ 200.00$ 500.00$ 500.00$ 3 CONNECTION TO EXISTING WATER MAIN, 12-INCH EACH 1 7,000.00$ 7,000.00$ 10,000.00$ 10,000.00$ 15,000.00$ 15,000.00$ 3,450.00$ 3,450.00$ 6,000.00$ 6,000.00$ 8,000.00$ 8,000.00$ 7,000.00$ 7,000.00$ 4 WATER MAIN, CLASS 52, WITH POLYETHYLENE WRAP, 12-INCH LF 780 185.00$ 144,300.00$ 305.00$ 237,900.00$ 175.00$ 136,500.00$ 184.00$ 143,520.00$ 425.00$ 331,500.00$ 269.00$ 209,820.00$ 225.00$ 175,500.00$ 5 GATE VALVE (RESILIENT SEAT) IN 60" VAULT, 12-INCH EACH 3 7,000.00$ 21,000.00$ 12,000.00$ 36,000.00$ 800.00$ 2,400.00$ 9,650.00$ 28,950.00$ 10,000.00$ 30,000.00$ 20,000.00$ 60,000.00$ 9,500.00$ 28,500.00$ 6 FIRE HYDRANT ASSEMBLY, WITH AUXILIARY VALVE, 6-INCH MJ EACH 1 9,400.00$ 9,400.00$ 12,000.00$ 12,000.00$ 10,000.00$ 10,000.00$ 9,430.00$ 9,430.00$ 8,500.00$ 8,500.00$ 15,000.00$ 15,000.00$ 10,000.00$ 10,000.00$ 7 DUCTILE IRON FITTINGS LB 1,946 6.50$ 12,649.00$ 0.01$ 19.46$ 20.00$ 38,920.00$ 10.00$ 19,460.00$ 0.01$ 19.46$ 20.00$ 38,920.00$ 12.00$ 23,352.00$ 8 WATER MAIN PROTECTION, PVC C-900, 18-INCH LF 57 160.00$ 9,120.00$ 150.00$ 8,550.00$ 150.00$ 8,550.00$ 153.00$ 8,721.00$ 150.00$ 8,550.00$ 4,000.00$ 228,000.00$ 130.00$ 7,410.00$ 9 NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL - TYPE 1 TON 50 85.00$ 4,250.00$ 40.00$ 2,000.00$ 10.00$ 500.00$ 50.00$ 2,500.00$ 50.00$ 2,500.00$ 50.00$ 2,500.00$ 74.00$ 3,700.00$ 10 NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL - TYPE 2 TON 50 20.00$ 1,000.00$ 40.00$ 2,000.00$ 10.00$ 500.00$ 70.00$ 3,500.00$ 50.00$ 2,500.00$ 70.00$ 3,500.00$ 74.00$ 3,700.00$ 11 ROCK EXCAVATION CY 30 300.00$ 9,000.00$ 150.00$ 4,500.00$ 15.00$ 450.00$ 300.00$ 9,000.00$ 100.00$ 3,000.00$ 525.00$ 15,750.00$ 300.00$ 9,000.00$ 12 FOUNDATION MATERIAL CY 100 10.00$ 1,000.00$ 25.00$ 2,500.00$ 15.00$ 1,500.00$ 50.00$ 5,000.00$ 65.00$ 6,500.00$ 49.00$ 4,900.00$ 50.00$ 5,000.00$ 13 EXPLORATORY EXCAVATION EACH 2 1.00$ 2.00$ 500.00$ 1,000.00$ 200.00$ 400.00$ 1,000.00$ 2,000.00$ 2,000.00$ 4,000.00$ 410.00$ 820.00$ 1,500.00$ 3,000.00$ 14 STONE RIPRAP, CLASS A3 SY 100 8.00$ 800.00$ 85.00$ 8,500.00$ 25.00$ 2,500.00$ 69.00$ 6,900.00$ 200.00$ 20,000.00$ 214.00$ 21,400.00$ 100.00$ 10,000.00$ 15 DISCONNECT AND ABANDON EXISTING WATER MAIN EACH 1 3,000.00$ 3,000.00$ 500.00$ 500.00$ 1,000.00$ 1,000.00$ 2,000.00$ 2,000.00$ 3,500.00$ 3,500.00$ 10,000.00$ 10,000.00$ 2,500.00$ 2,500.00$ 16 INLET PROTECTION EACH 2 250.00$ 500.00$ 300.00$ 600.00$ 200.00$ 400.00$ 250.00$ 500.00$ 150.00$ 300.00$ 210.00$ 420.00$ 150.00$ 300.00$ 17 WATER MAIN TESTING - PRESSURE AND DISINFECTION LS 1 2,000.00$ 2,000.00$ 3,500.00$ 3,500.00$ 4,000.00$ 4,000.00$ 3,000.00$ 3,000.00$ 6,000.00$ 6,000.00$ 5,000.00$ 5,000.00$ 2,500.00$ 2,500.00$ 18 HOT-MIX ASPHALT PAVEMENT REMOVAL SY 23 25.00$ 575.00$ 60.00$ 1,380.00$ 15.00$ 345.00$ 50.00$ 1,150.00$ 25.00$ 575.00$ 20.00$ 460.00$ 10.00$ 230.00$ 19 HOT-MIX ASPHALT PAVEMENT PATCH, 8"SY 23 160.00$ 3,680.00$ 200.00$ 4,600.00$ 153.00$ 3,519.00$ 317.00$ 7,291.00$ 150.00$ 3,450.00$ 200.00$ 4,600.00$ 70.00$ 1,610.00$ 20 AGGREGATE DRIVEWAY REMOVAL AND REPLACEMENT SY 90 15.00$ 1,350.00$ 14.00$ 1,260.00$ 35.00$ 3,150.00$ 50.00$ 4,500.00$ 45.00$ 4,050.00$ 49.00$ 4,410.00$ 50.00$ 4,500.00$ 21 FLOW DIVERSION OF BLACKBERRY CREEK LS 1 150,000.00$ 150,000.00$ 48,000.00$ 48,000.00$ 200,000.00$ 200,000.00$ 82,000.00$ 82,000.00$ 100,000.00$ 100,000.00$ 1,000.00$ 1,000.00$ 70,000.00$ 70,000.00$ 22 RESTORATION SY 3,711 12.00$ 44,532.00$ 8.00$ 29,688.00$ 15.00$ 55,665.00$ 11.00$ 40,821.00$ 25.00$ 92,775.00$ 14.00$ 51,954.00$ 20.00$ 74,220.00$ 23 WETLAND RESTORATION AC 1 25,000.00$ 25,000.00$ 33,000.00$ 33,000.00$ 21,000.00$ 21,000.00$ 170,300.00$ 170,300.00$ 25,000.00$ 25,000.00$ 10,000.00$ 10,000.00$ 2,500.00$ 2,500.00$ 24 TRAFFIC CONTROL AND PROTECTION LS 1 20,000.00$ 20,000.00$ 30,000.00$ 30,000.00$ 57,781.00$ 57,781.00$ 12,500.00$ 12,500.00$ 15,000.00$ 15,000.00$ 130,000.00$ 130,000.00$ 50,000.00$ 50,000.00$ 25 ALLOWANCE - 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$ BASE BID TOTAL 500,508.00$ 517,247.46$ 597,880.00$ 608,993.00$ 717,469.46$ 865,654.00$ 527,272.00$ CORRECTED NUMBERS FROM BID 630 S 7000 W Rd Kankakee, IL-60901 Sugar Grove, IL 60554 722 E. South St., Unit D Morris, IL-60450 Plano, IL-60545 ENGINEER'S ESTIMATE 1211 Deer St903 Daisyfield Rd 1555 Gramercy Pl 52 Wheeler Road H. Linden & Sons Sewer and Water, Inc.Performance Const & Eng LLCBID TABULATION Winninger Excavating, Inc.Stokes Excavating, Inc.Conley Excavating, Inc.Scanlon Excavating & Concrete, Inc. 217 W. John Street Plano, IL-60545 Yorkville, IL-60560Rockford, IL-61102 ENGINEERING ENTERPRISES, INC. 52 WHEELER ROAD, SUGAR GROVE, ILLINOIS ()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()- ()- ()- ()- ()- ()- ()- ()- ()- ()- ()- ()- ()- ()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-W River StWest StKing StW Center St W Main St Engineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 ATTACHMENT EPROJECT LIMITS www.eeiweb.com DATE DATE: PROJECT NO.: FILE: PATH: BY: December 2023 YO2104 H:\GIS\PUBLIC\YORKVILLE\2022\ MJT NO.REVISIONS ³United City of Yorkville800 Game Farm RoadYorkville, IL 60560630-553-4350www.yorkville.il.us 400 0200 Feet Legend UNKNOWN WATER MAIN3" WATER MAIN AND SMALLER 4" WATER MAIN 6" WATER MAN 8" WATER MAIN10" WATER MAIN 12" WATER MAIN 16" WATER MAIN !(VALVE GF HYDRANT YO2104_YBSD Center Street W.M Exhibit Attachment E PROPOSED 12" WATER MAIN(INCLUDED IN CONTRACT A) PROPOSED 12"WATER MAIN CENTER STREET WATER MAIN EXHIBIT YBSD 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 #13 Tracking Number PW 2024-65 YBSD Water Main Extension – Construction Engineering Agreement Public Works Committee – July 16, 2024 Majority Approval Please see the attached memo. Eric Dhuse Public Works Name Department Summary A proposed construction engineering agreement from EEI for the YBSD water main extension on W. Center St. and Jaycee Pond at an estimated amount of $49,928 with direct costs estimated at $25,000. This is a budgeted item in the approved FY 25 budget. Background YBSD needs a larger water main to service the plant expansion now and into the future. With the River Rd. bridge as an obstacle, the water main will begin at the intersection of W. Center and King Street and proceed west to Jaycee pond. From there it will turn south, cross the Blackberry Creek and River Rd. to get to the YBSD plant expansion. EEI is proposing a construction engineering agreement to oversee this complex project. The hourly cost is estimated at $49,928 and an additional $25,000 for direct costs. The direct costs are related to testing, wetland monitoring and maintenance, and fish sampling. Per the IGA, YBSD is responsible for 87% of the cost of the project, including construction engineering. These funds are to be given to the city before the project begins and the city will be the lead agency for construction. This means that our share of the cost for the proposed construction engineering agreement will be approximately ~$9,800. The entire project is in the approved budget in the water fund in the water main replacement line item 51-510-60- 00-6025. Recommendation Staff recommends the approval of the construction engineering agreement with EEI in the amount of $49,928 and an additional $25,000 for direct costs. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, City Administrator Date: July 10, 2024 Subject: YBSD Water Main Construction Engineering Agreement UNITED CITY OF YORKVILLE YBSD WATER MAIN EXTENSION PAGE 1 YBSD Water Main Extension United City of Yorkville Professional Services Agreement – 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 on the included Attachment A. Construction engineering will be provided for approximately 780 linear feet of 12-inch water main improvements extending from Center Street to the future YBSD expansion location on River Street, including the crossing of Blackberry Creek. (see Attachment E for project limits). Engineering will be in accordance with all City, Standard Specifications for Water and Sewer Construction in Illinois, Illinois Department of Transportation, and Illinois Environmental Protection Agency requirements. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non- terminating party or upon completion of the Services. Upon termination the Contractor shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to Contractor: ENGINEER shall receive as compensation for all work and services to be performed herein, an amount based on the Estimate of Level of Effort and Associated Cost included in Attachment C. Construction Engineering will be paid for Hourly (HR) at the actual rates for services to be performed, currently estimated at $49,928. Direct expenses are estimated at $25,000. The hourly rates for this project are shown in the attached 2024 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 YBSD WATER MAIN EXTENSION 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, Contractor agrees to return all such materials to the City. The City agrees not to modify any original documents produced by Contractor 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: 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. 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 YBSD WATER MAIN EXTENSION 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 YBSD WATER MAIN EXTENSION 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) UNITED CITY OF YORKVILLE YBSD WATER MAIN EXTENSION PAGE 5 K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided in the attached Exhibits. Except for those terms included on the Exhibits, no additional terms are included as a part of this agreement. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of Attachments are as follows: Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Attachment C: Estimate of Level of Effort and Associated Cost Attachment D: Anticipated Project Schedule Attachment E: Location Map Attachment F: 2024 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, P.E. Mayor Chief Operating Officer / President _________________________________ ______________________________ Jori Behland Angie Smith City Clerk Executive Assistant ENGINEERING ENTERPRISES, INC. JUNE 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 furn ish 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 docum ents.  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 provisio n 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 opinio n 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 el ectronic 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 th e 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 2024 PAGE 2 profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have i ncurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warran ty. 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 car ry 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 b eing taken to avoid or minimize its effect after such occurrence, and shall take reasonable efforts to remove the condition constituting su ch 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 in voices 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 th e 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 reasonab le 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. Attachment B – Scope of Services YBSD Water Main Extension United City of Yorkville The United City of Yorkville intends to install approximately 780 linear feet of 12-inch water main improvements extending from Center Street to the future YBSD expansion location on River Street, including the crossing of Blackberry Creek. Our proposed scope of services for Construction Engineering will include the following: 3.1 Construction Administration • Prepare for, Attend, and Facilitate the Preconstruction Meeting with the Contractor Including Preparation of Meeting Minutes • Shop Drawing Review • Review Engineering Plans, Specifications and Prepare Field Book • Prepare Pay Estimates and Change Orders • Gather Invoices and Waivers of Lien • Provide Weekly Updates to 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 • Hey & Associates – Wetland Monitoring & Maintenance (5 year duration) • Hey & Associates – ITA Fish Sampling (2025 only) Exclusions: • Water Quality Certification (if required by USACE) • ITA Fish Sampling beyond 2025 The above scope for “YBSD Water Main Extension” 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 COST PROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBER United City of Yorkville YO2327-P PROJECT TITLE DATE PREPARED BY YBSD Water Main Extension 6/11/24 ROLE PIC PM PE PT PM SPT2 INTERN ADMIN RATE $246 $210 $168 $153 $210 $175 $82 $72 CONSTRUCTION ENGINEERING 3.1 Contract Administration - 17 - 16 - - - - 33 6,018$ 3.2 Construction Layout and Record Drawings - 2 - 2 2 15 5 - 26 4,181$ 3.3 Observation and Documentation 2 20 - 229 - - - - 251 39,729$ Construction Engineering Subtotal:2 39 - 247 2 15 5 - 310 49,928$ 2 39 - 247 2 15 5 - 310 49,928 DIRECT EXPENSES Vehicle =-$ Material Testing = 1,000$ Monitoring & Maintenance = 15,000$ ITA Fish Sampling =9,000$ DIRECT EXPENSES =25,000$ LABOR SUMMARY EEI Labor Expenses = 46,473$ Surveying Expenses = 3,455$ Drafting Expenses = -$ TOTAL LABOR EXPENSES 49,928$ TOTAL COSTS 74,928$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com PROJECT TOTAL: KDW COSTTASK NO.TASK DESCRIPTION HOURS ATTACHMENT D: ESTIMATED SCHEDULE CLIENT United City of Yorkville PROJECT TITLE YBSD Water Main Extension 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 CONSTRUCTION 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.com TASK NO.TASK DESCRIPTION July August September PROJECT NUMBER DATE YO2327-P November 6/11/2024 PREPARED BY KDW 2024 DecemberOctober ()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()- ()- ()- ()- ()- ()- ()- ()- ()- ()- ()- ()- ()- ()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-W River StWest StKing StW Center St W Main St Engineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 ATTACHMENT EPROJECT LIMITSwww.eeiweb.com DATE DATE: PROJECT NO.: FILE: PATH: BY: JUNE 2024 YO2104 H:\GIS\PUBLIC\YORKVILLE\2022\ KJD NO.REVISIONS ³United City of Yorkville 651 Prairie Pointe DrYorkville, IL 60560 www.yorkville.il.us 400 0200 Feet Legend UNKNOWN WATER MAIN3" WATER MAIN AND SMALLER 4" WATER MAIN 6" WATER MAN 8" WATER MAIN 10" WATER MAIN 12" WATER MAIN 16" WATER MAIN !(VALVE GF HYDRANT YO2104_YBSD_Water_Main_Extrention E PROPOSED 12"WATER MAIN YBSD WATER MAIN EXTENTION YBSD EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $246.00 Principal E-3 $241.00 Senior Project Manager E-2 $234.00 Project Manager E-1 $210.00 Senior Project Engineer/Surveyor II P-6 $200.00 Senior Project Engineer/Surveyor I P-5 $186.00 Project Engineer/Surveyor P-4 $168.00 Senior Engineer/Surveyor P-3 $155.00 Engineer/Surveyor P-2 $140.00 Associate Engineer/Surveyor P-1 $127.00 Senior Project Technician II T-6 $175.00 Senior Project Technician I T-5 $164.00 Project Technician T-4 $153.00 Senior Technician T-3 $140.00 Technician T-2 $127.00 Associate Technician T-1 $111.00 GIS Technician II G-2 $125.00 GIS Technician I G-1 $114.00 Engineering/Land Surveying Intern I-1 $ 82.00 Executive Administrative Assistant A-4 $ 77.00 Administrative Assistant A-3 $ 72.00 VEHICLES. REPROGRAPHICS, DIRECT COSTS, DRONE AND EXPERT TESTIMONY Vehicle for Construction Observation $ 20.00 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 $ 225.00 Expert Testimony $ 275.00 STANDARD SCHEDULE OF CHARGES ~ JANUARY 1, 2024