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Public Works Packet 2024 10-15-24 AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday, October 15, 2024 6:00 p.m. East Conference Room #337 651 Prairie Pointe Drive, Yorkville, IL Citizen Comments: Minutes for Correction/Approval: September 17, 2024 New Business: 1. PW 2024-81 Capital Improvement Projects Update 2. PW 2024-82 Quarterly Bond and Letter of Credit Reduction Summary 3. PW 2024-83 Grande Reserve – Unit 6 Acceptance 4. PW 2024-84 Northpointe – Sign Easement 5. PW 2024-85 QuikTrip – Easement Plat 6. PW 2024-86 2025 Road to Better Roads Program – Design Engineering Agreement 7. PW 2024-87 2025 Local Road Program – Design Engineering Agreement 8. PW 2024-88 East Alley Water Main Improvements – Design Engineering Agreement 9. PW 2024-89 Well No. 10 and Well No. 7 Water Treatment Plant Electrical Improvements – Recommendation of Award 10. PW 2024-90 Well No. 10 and Well No. 7 Water Treatment Plant Electrical Improvements – Construction Engineering Agreement 11. PW 2024-91 Lake Michigan – WIFIA Loan Application Change Order and Contract Amendment 12. PW 2024-92 Meeting Schedule for 2025 13. PW 2024-93 Grace Holistic Parking – Garden Street 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, October 15, 2024 6:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. September 17, 2024 □ Approved __________ □ As presented □ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2024-81 Capital Improvement Projects Update □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2024-82 Quarterly Bond and Letter of Credit Reduction Summary □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2024-83 Grande Reserve – Unit 6 Acceptance □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2024-84 Northpointe – Sign Easement □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2024-85 QuikTrip – Easement Plat □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2024-86 2025 Road to Better Roads Program – Design Engineering Agreement □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2024-87 2025 Local Road Program – Design Engineering Agreement □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 8. PW 2024-88 East Valley Water Main Improvements – Design Engineering Agreement □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 9. PW 2024-89 Well No. 10 and Well No. 7 Water Treatment Plant Electrical Improvements – Recommendation of Award □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 10. PW 2024-90 Well No. 10 and Well No. 7 Water Treatment Plant Electrical Improvements – Construction Engineering Agreement □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 11. PW 2024-91 Lake Michigan – WIFIA Loan Application Change Order and Contract Amendment □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 12. PW 2024-92 Meeting Schedule for 2025 □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 13. PW 2024-93 Grace Holistic Parking – Garden Street □ 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 – September 17, 2024 Public Works Committee – October 15, 2024 Majority Committee Approval Minute Taker Name Department DRAFT Page 1 of 3 UNITED CITY OF YORKVILLE PUBLIC WORKS COMMITTEE Tuesday, September 17, 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 City Administrator Bart Olson Public Works Director Eric Dhuse Assistant City Administrator Erin Willrett Engineer Brad Sanderson, EEI Other Guests: Joey Weslo, Kendall County Record (via Zoom) The meeting was called to order at 6:00pm by Chairman Ken Koch. Citizen Comments: None Previous Meeting Minutes: August 20, 2024 The minutes were approved as presented. New Business: 1. PW 2024-73 2025 Road to Better Roads Program – Paving Plan Update Mr. Sanderson suggested moving ahead with design and bids early in 2025 for the most lucrative prices. A new 5-year plan will be brought forward likely in January or February. It will include traditional funding along with MFT funding and additional funds to address subdivision work. Two separate contracts are anticipated. He said Bristol Bay, Waterpark Way, Prairie Meadows and Heartland would be included. He said the city would need to budget money for the projects in conjunction with water main projects. He said funds are also set aside for pavement cracking and some 20-year old concrete streets also need attention. He also discussed pavement rejuvenation saying it is a program to apply a coating to the asphalt the year after streets are paved and it rejuvenates the asphalt for additional years of use. The recommendation adds up to about $5 million and MFT funds would cover a portion of it. Alderman Marek asked how much it will cost to replace the water main by Hydraulic. Mr. Sanderson replied it would be about $4 million with $200,000--$250,000 for roadwork. He said most of the water main costs would be covered by the water main replacement program. The committee made a positive recommendation and it moves forward to City Council 2. PW 2024-74 East Van Emmon Street Resurfacing Project – Phase III Engineering Agreement Mr. Dhuse recalled that the Council had approved EEI as the engineer for this project and this agreement is the final step. This is an STP (Surface Transportation Program) project, so the cost to the city is 20% of $54,940 or about $11,000. He recommends approval and the committee agreed, moving it to the consent agenda. Page 2 of 3 3. PW 2024-75 Resolution Authorizing the City's Share of Construction & Construction Engineering Costs for the Roadway Improvement of the E. Van Emmon Street Resurfacing Project Engineer Sanderson said this is the same project as the previous agenda item. This is a standard agreement that the state enters into where federal funding is involved and there will be a 80/20 cost split. A resolution is required since it is a federal project. The committee approved and it moves forward to the consent agenda. 4. PW 2024-76 Resolution Authorizing the Purchase of a Trackless Boom Flail Mower from E.J. Equipment, Inc., in an Amount Not to Exceed $39,960.00 Mr. Dhuse said he had been seeking a boom mower for mowing steep ditches, and near tree lines, however, one was not found within the budget. Currently the employees have been doing this work by hand or with a weed whacker. Budget approval was eventually given for a Trackless which had a boom flail attachment available. This was budgeted in 2024, but not spent and did not carry over as a separate line item. There is money in the budget to cover this. This will move to the regular agenda. 5. PW 2024-77 Resolution Approving a Proposal from Gjovik Ford, Inc. to the United City of Yorkville, Kendall County, Illinois for Vehicle Maintenance Mr. Dhuse explained this is a joint contract since the Police Department also uses Gjovik. The rates did raise, however, the city would pay an hourly rate of $125, compared to the $189 most consumers would pay. Pickups and 1-ton trucks would be serviced there. It is a one-year contract with options to renew. The committee recommended approving this contract and it moves to the regular agenda. 6. PW 2024-78 Ordinance Authorizing the Acquisition of Certain Easements for the Extension of a Water Main (Grace Community Church) This is a second easement necessary for construction of water main and it has been executed by the church, explained Mr. Sanderson. He recommended acceptance. Mr. Olson said that in the ordinance there is a grant of one water connection for the church in the agreement. This has been done historically for properties which the city wishes to annex, said Mr. Olson. With the committee's recommendation, this will move forward to the Council consent agenda. 7. PW 2024-79 Countryside Parkway / Center Parkway Traffic Control Discussion Mr. Sanderson recalled that he was requested to look at these intersections for a multi-stop analysis. The engineers determined that Center/West Kendall and Countryside/E. Kendall do not meet the requirements for multi-way stops and so no changes are recommended. He said Countryside Parkway and Center Parkway could be converted to a multi-way stop. He said the intersection itself does not align and traffic has increased. The pedestrian crossings are also not aligned and it would require reconstruction and widening. The cost would be roughly $500,000. Other solutions could include a round-about, however, there is no cost estimate for that. Mr. Sanderson requested committee input. It was noted that drivers use this area as a cut-through. With reconstruction, the lighting would also be improved. Alderman Corneils said a 4-way stop wouldn't be helpful since drivers do not stop at the 2-way stops. Alderman Marek asked if traffic is different due to the hotel and restaurants. It has remained steady. Most of the people using the park, walk there. It was decided that all Council members should discuss this and a round-about cost estimate will be also be provided for discussion in October at a Council meeting. 8. PW 2024 80 Faxon Road – Construction Engineering Change Order Mr. Olson said TRG settlement funds will be coming in and a change order has already been approved for Faxon Rd. work to be started. An engineering agreement is needed for that work which is about $44,000. It is being Page 3 of 3 processed as a change order along with the existing engineering agreement for the Road to Better Roads. He recommends approval. There will be a small spot in front of Kylyn's Ridge that will not be completed, but it is hoped it can be done as well. This moves to the consent agenda with committee approval. Old Business: None Additional Business: None There was no further business and the meeting adjourned at 6:32pm. 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 2024-81 Capital Project Update Public Works Committee – October 15, 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 substantially complete. 2024 Water Main Replacement Program – Contract B Construction is substantially complete. Well 10 Raw Water Main Construction is substantially complete. Well 10 Work is expected to begin in early November. The contract completion date is April 2025. YBSD/Center Street Water Main A preconstruction meeting is planned for October 10th. Work should begin soon. 2024 RTBR Construction is substantially complete. 2024 Local Road Program Work is underway and progressing. The Faxon Road work has been added to the contract. The expected completion date is October 31st. Planning/Design Projects WIFIA Loan Application The application is complete and processing is underway. B-weekly calls with WIFIA are occurring. Water Rate Study The planning effort has commenced. We are anticipating a December / January presentation. Rt 47 Water Main Replacement – Water Park Way to Jericho Design engineering has begun and is approximately 95% complete. Well No. 10 and Well No. 7 Electrical Improvements The project was bid on October 3rd. 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: October 7, 2024 Subject: Capital Improvement Projects Update Eldamain Water Main Loop Design engineering has commenced. We are anticipating a late November letting. Southern Sanitary Sewer Connection Design engineering has commenced. We are anticipating a late November letting. Corneils Sanitary Sewer Design engineering has commenced. Easement acquisition is in process. 2025 Water Main Replacement Design engineering has commenced. We are anticipating a February letting. LM – North Receiving Station Design engineering has commenced. We are anticipating a February letting. LM – Northwest Elevated Water Storage Tank Design engineering has commenced. We are anticipating a February letting. LM – South Receiving Station Design engineering has commenced. We are anticipating a March letting. LM – South Receiving Station Standpipe Design engineering has commenced. We are anticipating a March letting. LM – Bluestem Water Main Improvements Design engineering has commenced. We are anticipating an April letting. LM – Rt 126 Water Main Improvements Design engineering has commenced. We are anticipating a 2026 letting. Kennedy / Freedom Place Intersection Improvements Land acquisition is in process. Van Emmon Street STP Design engineering is complete. The project is scheduled for a November IDOT letting. Pavement Management Update The field acquisition of data is complete. We are targeting a presentation to the PW Committee in January/February. LM – Faxon and Beecher Road Improvements Design engineering has commenced. We are anticipating a March letting. 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 2024-82 Bond/LOC Reduction Summary Through September 30, 2024 Public Works Committee – October 15, 2024 None Informational Brad Sanderson Engineering Name Department Please see the attached reduction summary through September 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: October 4, 2024 Subject: 2024 Bond/LOC Reduction Summary 30-Sep-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$ -$ 7/23/2024 Windett Ridge - Unit 2 X X X 314,936.32$ 95,599.15$ 7/23/2024 Heartland Meadows X X X 133,399.30$ -$ 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 2024-83 Grande Reserve – Unit 6 Acceptance Public Works Committee – October 15, 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 (except for sidewalk and parkway trees noted below), including punch list work, has been completed. We recommend that the public improvements (water main, sanitary sewer, storm sewer, paving, sidewalk, street lighting and parkway trees) as described in the attached Bill of Sale be accepted for ownership and maintenance by the City. There are currently 21 (out of 63 total) undeveloped lots within the unit that still need sidewalk installed and parkway trees planted. The developer owns 10 of the 21 undeveloped lots. The developer continues to sell lots and construction is scheduled for several homes, so we anticipate that most of this work on lots owned by the developer will be completed before the one-year maintenance period expires. As required by City Code, the developer will be responsible to provide a performance guarantee to cover the one-year maintenance period. This period starts after the City formally accepts the improvements. In this case, coverage of 120% of the remaining sidewalk and parkway trees is also required. Original EOPC Value $910,865.35 10% of Original EOPC $91,086.54 EOPC of Remaining Sidewalk and Trees x 120% $115,020.00 Required Value (10% of Original + Remaining) $206,106.54 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: September 26, 2024 Subject: Grande Reserve – Unit 6 1 BILL OF SALE Seller, _______________, in consideration of One and 00/100th Dollar ($1.00), receipt hereby acknowledged, does hereby sell, assign, transfer and convey to the Buyer, the United City of Yorkville, an Illinois municipal corporation, at 651 Prairie Pointe Drive, Yorkville, Illinois 60560, the following personal property to wit described in Exhibit A attached hereto for the development know as Grande Reserve – Unit 6 and generally shown on Exhibit B. Seller hereby represents and warrants to Buyer that Seller is the absolute owner of said property, that said property is free and clear of all liens, charges and encumbrances, and that Seller has full right, power, and authority to sell said property and to make this Bill of Sale. IN WITNESS WHEREOF, Seller has signed and sealed this Bill of Sale at ___________________________________, this _____ day of _______________, 20__. _______________________ Signature of Seller Name: Title: Subscribed and Sworn to before me this _____ day of _____________, 20__. _______________________ Notary Public EXHIBIT A GRANDE RESERVE - UNIT 6 UNITED CITY OF YORKVILLE UNIT QUANTITIY UNIT QUANTITY FOOT 3,836 FOOT 1,745 FOOT 187 FOOT 1,940 EACH 34 FOOT 240 EACH 29 EACH 26 FOOT 721 FOOT 4,023 FOOT 2,378 EACH 3 EACH 8 EACH 23 EACH 20 EACH 333 EACH 40 FOOT 156 FOOT 1,808 FOOT 575 FOOT 78 FOOT 665 FOOT 655 FOOT 245 EACH 18 EACH 7 EACH 10 EACH 2 EACH 13 EACH 2 EACH 1 EACH 1 EACH 1 FOOT 450 FOOT 4,026 SQ FT 39865 EACH 14 EACH 0 SIDEWALK 36" RCP FLARED END SECTION W/ GRATE 24" RCP FLARED END SECTION W/ GRATE 8" PVC 12" RCP 15" RCP 24" RCP 21" RCP FLARED END SECTION W/ GRATE 60" MANHOLE W/ FRAME AND LID 48" CATCH BASIN W/ FRAME & GRATE 60" CATCH BASIN W/ FRAME & GRATE WATER MAIN CONSTRUCTION STORM SEWER CONSTRUCTION SELECT GRANULAR BACKFILL (MAINLINE) 18" RCP 4" SUMP PUMP CONNECTION 36" RCP 8" DUCTILE IRON WATER MAIN 8" VALVE & BOX FIRE HYDRANT ASSEMBLY, COMPLETE 1-1/2" TYPE K COPPER SERVICE, NEAR 1-1/2" TYPE K COPPER SERVICE, FAR ROADWAY MCLELLAN BLVD CRYDER WAY CRYDER CT STREET LIGHTING STREET LIGHT 25' STANDARD, COMPLETE PARKWAY TREES MISCELLANEOUS 21" RCP 6" SANITARY SERVICE COMPLETE - FAR TRENCH BACKFILL (CA-7) TELEVISE STORM SEWER 5' WIDE - 5" PCC SIDEWALK W/ 2" AGGREGATE 48" MANHOLE W/ FRAME AND LID UTILITIES SANITARY SEWER CONSTRUCTION 8" PVC SANITARY SEWER (SDR 26) 8" PVC SANITARY SEWER (SDR 21) 6" SANITARY SERVICE COMPLETE - NEAR 48" MANHOLE TYPE A W/ FRAME AND LID SELECT GRANULAR BACKFILL (CA-7) TELEVISE MAINS 24" INLET TYPE A W/ FRAME & GRATE 72" MANHOLE W/ FRAME AND LID Cryder WaySunsetAveEllsworthCt B r i s t o l R i d g e R d HollenbackCt Hobbs CtOld Glory C t Cryder Ct Justice DrGran d e Trail C t L y n c l i f f D r Edythe St The r e a s Ave Patriot CtAmericanWayAlden AveCharles St SquireCirBristol Ct E VeteransPkwyUS Highway 34Burr StSquire CirW Lyncliff DrConstituti o n W a y Amos A v e Hobbs LnJeter StGrande Trl GrandeTrlGr a n d e T r l McLellan BlvdMcLellan BlvdHen n i n g L n Sunset AveC r a n s t o n C i r E L y n c l i f f D r E Rickard DrW Rickard DrRood StCranston CirOldGlory DrOldGlory DrKennedy RdEllsworth DrEngineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 / www.eeiweb.con GRANDE RESERVE LOCATION MAP DATE:AUGUST 2024United City of Yorkville 651 Prairie Pointe Dr. Yorkville, IL 60560 (630) 553-4350 http://www.yorkville.il.us UNIT 6 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS CONSULTING ENGINEERS NO.DATE REVISIONS PROJECT NO.: YO2229 PATH: H:/GIS/PUBLIC/YORKVILLE/2022/ FILE: fffää N O R T H Legend Unit 6 Boundary H:\GIS\Public\Yorkville\2022\YO2229\YO2229_Grande Reserve Unit 6\YO2229_Grande Reserve Unit 6.aprx 600 0 600300 Feet GASB GRANDE RESERVE - UNIT 6 UNITED CITY OF YORKVILLE UNIT QUANTITIY UNIT PRICE COST FOOT 3,836 20.00$ 76,720.00$ FOOT 187 40.00$ 7,480.00$ EACH 34 450.00$ 15,300.00$ EACH 29 1,200.00$ 34,800.00$ EACH 26 1,950.00$ 50,700.00$ FOOT 721 36.50$ 26,316.50$ FOOT 4,023 1.00$ 4,023.00$ FOOT 2,378 21.00$ 49,938.00$ EACH 3 1,000.00$ 3,000.00$ EACH 8 1,900.00$ 15,200.00$ EACH 23 400.00$ 9,200.00$ EACH 20 800.00$ 16,000.00$ EACH 333 17.50$ 5,827.50$ EACH 40 250.00$ 10,000.00$ FOOT 156 14.00$ 2,184.00$ FOOT 1,808 16.00$ 28,928.00$ FOOT 575 17.00$ 9,775.00$ FOOT 78 19.00$ 1,482.00$ FOOT 665 25.00$ 16,625.00$ FOOT 655 28.00$ 18,340.00$ FOOT 245 38.00$ 9,310.00$ EACH 18 600.00$ 10,800.00$ EACH 7 1,050.00$ 7,350.00$ EACH 10 1,430.00$ 14,300.00$ EACH 2 3,000.00$ 6,000.00$ EACH 13 1,300.00$ 16,900.00$ EACH 2 1,300.00$ 2,600.00$ EACH 1 650.00$ 650.00$ EACH 1 820.00$ 820.00$ EACH 1 1,150.00$ 1,150.00$ FOOT 450 10.00$ 4,500.00$ FOOT 4,026 1.75$ 7,045.50$ SQ FT 39865 3.75$ 149,493.75$ EACH 14 2,700.00$ 37,800.00$ EACH 0 350.00$ -$ TOTAL COST 670,558.25$ PARKWAY TREES 72" MANHOLE W/ FRAME AND LID TRENCH BACKFILL (CA-7) 12" RCP 60" CATCH BASIN W/ FRAME & GRATE 24" RCP FLARED END SECTION W/ GRATE TELEVISE STORM SEWER 15" RCP 24" RCP 36" RCP 24" INLET TYPE A W/ FRAME & GRATE 48" MANHOLE W/ FRAME AND LID 60" MANHOLE W/ FRAME AND LID 48" CATCH BASIN W/ FRAME & GRATE 8" VALVE & BOX 1-1/2" TYPE K COPPER SERVICE, NEAR 1-1/2" TYPE K COPPER SERVICE, FAR FIRE HYDRANT ASSEMBLY, COMPLETE SELECT GRANULAR BACKFILL (MAINLINE) 8" PVC 5' WIDE - 5" PCC SIDEWALK W/ 2" AGGREGATE UTILITIES SANITARY SEWER CONSTRUCTION 18" RCP 21" RCP 21" RCP FLARED END SECTION W/ GRATE STREET LIGHTING STREET LIGHT 25' STANDARD, COMPLETE INCLUDING WIRE & TRENCHING, ETC MISCELLANEOUS 36" RCP FLARED END SECTION W/ GRATE SIDEWALK STORM SEWER CONSTRUCTION WATER MAIN CONSTRUCTION 4" SUMP PUMP CONNECTION 8" PVC SANITARY SEWER (SDR 26) 8" PVC SANITARY SEWER (SDR 21) 48" MANHOLE TYPE A W/ FRAME AND LID 6" SANITARY SERVICE COMPLETE - NEAR 6" SANITARY SERVICE COMPLETE - FAR SELECT GRANULAR BACKFILL (CA-7) TELEVISE MAINS 8" DUCTILE IRON WATER MAIN GASB GRANDE RESERVE - UNIT 6 UNITED CITY OF YORKVILLE UNIT QUANTITY UNIT PRICE COST FOOT 1,745 60.25$ 105,138.85$ FOOT 1,940 60.25$ 116,887.89$ FOOT 240 60.25$ 14,460.36$ TOTAL 3,925 TOTAL COST 236,487.10$ CRYDER WAY CRYDER CT ROADWAY MCLELLAN BLVD EXHIBIT C GRANDE RESERVE - UNIT 6 UNITED CITY OF YORKVILLE LOT NUMBER NUMBER OF TREES APPROXIMATE LINEAR FEET OF SIDEWALK NUMBER OF DETECTABLE WARNINGS 432 1 80 0 433 2 250 2 439 2 270 2 442 1 90 0 443 1 90 0 444 1 90 0 446 1 90 0 452 1 50 0 453 2 300 2 454 2 300 2 458 1 80 0 459 1 80 0 469 1 90 0 473 1 95 0 476 1 90 0 477 1 90 0 478 1 90 0 479 1 90 0 481 1 150 0 482 1 85 0 490 2 235 2 TOTAL 25 2705 10 TOTAL 12 1110 2 = Property owned by Grande Reserve CHGO ASLI VI LLLP UNIT 6 UNDEVELOPED LOTS (AS OF SEPTEMBER 2024) ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST DESIGNED: PROJECT TITLE: ITEM UNIT NO.UNIT QUANTITY PRICE AMOUNT 1 SQFT 5,550 15.00$ 83,250.00$ 2 SQFT 20 30.00$ 600.00$ 3 EA 12 1,000.00$ 12,000.00$ 4 -$ 5 -$ 6 -$ 7 -$ 8 -$ 9 -$ 10 -$ 11 -$ 12 -$ 13 -$ 14 -$ 15 -$ 16 -$ 17 -$ 18 -$ 19 -$ 20 -$ 21 -$ 22 -$ 23 -$ 24 -$ 25 -$ 26 -$ 27 -$ 28 -$ 29 -$ 30 -$ 31 -$ 32 -$ 33 -$ 34 -$ 35 -$ 36 -$ 37 -$ 38 -$ 39 -$ 40 -$ 95,850.00$ 19,170.00$ 115,020.00$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com 20% CONTINGENCY TOTAL MISSING SIDEWALK AND PARKWAY TREE BOND YO2229-DR EMW 9/19/2024 GRANDE RESERVE, UNIT 6 JOB NO: DATE: TOTAL ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST PORTLAND CEMENT CONCRETE SIDEWALK, 5" DETECTABLE WARNING PARKWAY TREE INSTALLATION ITEM 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 2024-84 Northpointe – Sign Easement Public Works Committee – October 15, 2024 Majority Consideration of Acceptance Consideration of Acceptance Brad Sanderson Engineering Name Department Attached is an easement document for the placement of a subdivision gateway sign within the Northpointe development. This was requested by the City and has not been executed by the property owner. We recommend that the Council 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: September 30, 2024 Subject: Northpointe – Sign Easement U.S. ROUTE 34 SYCAMORE ROADLOT 2 PAGE 1 OF 1 SUGAR GROVE SURVEYOR LAND PROFESSIONAL 3678 CHRIS E PETE R SONSTA TE OF I L L INOISEngineering Enterprises, Inc. GRANT OF EASEMENT TO THE UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS UNITED CITY OF YORKVILLE 651 PRAIRIE POINTE YORKVILLE, IL 60560 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number New Business #5 Tracking Number PW 2024-85 QuikTrip – Easements Public Works Committee – October 15, 2024 Majority Consideration of Acceptance Consideration of Acceptance Brad Sanderson Engineering Name Department Attached are easement documents that are necessary for the Quiktrip development. The documents have been reviewed and are ready for execution. We recommend that the Council 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: October 4, 2024 Subject: Quicktrip – Easements Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number New Business #6 Tracking Number PW 2024-86 2025 Road to Better Roads Program – Design Engineering Agreement Public Works Committee – October 15, 2024 Majority Approval Please see the attached memo. Bart Olson Administration Name Department Summary Consideration of a design engineering agreement with EEI covering the 2025 RTBR program. Background This item was last discussed by the City Council in September 2024, when the City Council approved the 2025 RTBR program, covering Beecher Road, Waterpark Way, and streets in Prairie Meadows. Since then, EEI has prepared a design engineering agreement for our consideration. The EEI proposal for design engineering is for a fixed fee amount of $86,979, and these costs are included in the FY 25 budget. Recommendation Staff recommends approval of the design engineering agreement with EEI covering the 2025 RTBR program. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: October 10, 2024 Subject: 2025 Road to Better Roads (RTBR) program – design engineering UNITED CITY OF YORKVILLE 2025 ROAD TO BETTER ROADS PROGRAM PAGE 1 2025 Road to Better Roads Program United City of Yorkville Professional Services Agreement – Design Engineering THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred to as the "City" or “OWNER” and Engineering Enterprises, Inc. hereinafter referred to as the "Contractor" or “ENGINEER” agrees as follows: A. Services: ENGINEER agrees to furnish to the City the following services: The ENGINEER shall provide any and all necessary engineering services to the City as indicated on the Scope of Services (Attachment B). Design Engineering for all roadways indicated on Attachment E will be provided. Construction Engineering services are not include and would be provided in a separate agreement. Engineering will be in accordance with all City and Illinois Department of Transportation requirements. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non - terminating party or upon completion of the Services. Upon termination the Contractor shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to Contractor: ENGINEER shall receive as compensation for all work and services to be performed herein, an amount based on the Estimated Level of Effort and Associated Cost included in Attachment C. Design Engineering will be paid for as a Fixed Fee (FF) in the amount of $86,979, of which direct expenses are estimated at $8,795. The hourly rates for this project are shown in the attached 202 4 Standard Schedule of Charges (Attachment F). All payments will be made according to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract is designated in Section B hereof as an Ongoing Contract, ENGINEER, on or before February 1st of any given year, shall provide written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after May 1st of that same year. UNITED CITY OF YORKVILLE 2025 ROAD TO BETTER ROADS PROGRAM PAGE 2 E. Ownership of Records and Documents: Contractor agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. Contractor agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the freedom of information act or if already previously disclosed by a third party. Upon termination of this agreement, Contractor agrees to return all such materials to the City. The City agrees not to modify any original documents produced by Contractor without contractors consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER’s sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER’s sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kendall County, Illinois. G. Independent Contractor: Contractor shall have sole control over the manner and means of providing the work and services performed under this agreement. The City’s relationship to the Contractor under this agreement shall be that of an independent contractor. Contractor will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery: The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in default for a period of six months or more in an amount of $600 or more on the repayment of any educational loan guaranteed by the Illinois State Scholarship Commission made by an Illinois institution of higher education or any other loan made from public funds for the purpose of financing higher education (5 ILCS 385/3). UNITED CITY OF YORKVILLE 2025 ROAD TO BETTER ROADS PROGRAM PAGE 3 Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony. Barred from Contracting: The Contractor certifies that it has not been barred from contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois Compiled Statutes 5/33E or similar law of another state. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20 -65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment under the Contract, all books and records relating to the performance of the Contract and necessary to support amounts charged to the City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City and the Illinois Auditor General. If this Contract is funded from contract/grant funds provided by the U.S. Government, the Contract, books, and records shall be available for review and audit by the Comptroller General of the U.S. and/or the Inspector General of the federal UNITED CITY OF YORKVILLE 2025 ROAD TO BETTER ROADS PROGRAM PAGE 4 sponsoring agency. The Contractor agrees to cooperate fully with any audit and to provide full access to all relevant materials. United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in accordance with requirements imposed by the Internal Revenue Services for withholding and reporting federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen __Resident Alien ___ Non-Resident Alien The Internal Revenue Service requires that taxes be withheld on payments made to non-resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its Federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): ___ Individual ___ Real Estate Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation ___ Trust or Estate ___ Medical and Health Care Services Provider Corp. I. Indemnification: Contractor shall indemnify and hold harmless the City and City’s agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by Contractor or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of Contractor or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall the either party indemnify any other party for the consequences of that party’s negligence, including failure to follow the ENGINEER’s recommendations. J. Insurance: The ENGINEER agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied) K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attached Exhibits. Except for those terms included on the Exhibits, no additional terms are UNITED CITY OF YORKVILLE 2025 ROAD TO BETTER ROADS PROGRAM PAGE 5 included as a part of this agreement. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of Attachments are as follows: Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Attachment C: Estimate of Level of Effort and Associated Cost Attachment D: Estimated Schedule Attachment E: Location Map Attachment F: 2024 Standard Schedule of Charges L. Notices: All notices required to be given under the terms of this agreement shall be given mail, addressed to the parties as follows: For the City: For the ENGINEER: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 651 Prairie Pointe Drive Sugar Grove Illinois 60554 Yorkville, IL 60560 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. Agreed to this _____day of __________________, 2024. United City of Yorkville: Engineering Enterprises, Inc.: ___________________________ __________________________ John Purcell Brad Sanderson, PE Mayor Chief Operating Officer / President ___________________________ __________________________ Jori Behland Angie Smith City Clerk Executive Assistant ENGINEERING ENTERPRISES, INC. ATTACHMENT A – OCTOBER 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. ATTACHMENT A – OCTOBER 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. UNITED CITY OF YORKVILLE, IL 2025 ROAD TO BETTER ROADS PROGRAM PAGE 1 2025 Road to Better Roads Program United City of Yorkville, IL Professional Services Agreement - Design Engineering Attachment B – Scope of Services DESIGN ENGINEERING • Process required documents with the Illinois Department of Transportation for Motor Fuel Tax Projects including: o BLR14220 - Resolution o BLR14222 - Municipal Estimate of Maintenance Costs o BLR11510 - Preliminary Estimate of Cost • Conduct site visit(s) to assess condition of existing pavement, curb and gutter, sidewalk, drainage, structures and identify non-compliant sidewalk curb ramps. • Obtain, review and inventory existing utility, roadway, right-of-way, ownership, soil data, etc. • Obtain utility information to identify potential conflicts, as necessary. • Obtain geotechnical site data, consisting of pavement cores taken every 1000-1500 feet, as necessary. • Coordinate documentation for CCDD Management of soils, as necessary. • Coordinate and develop with City Staff the final scope of improvements • Coordinate City wide striping program • Confirm pavement design and rehabilitation methodology. • Prepare MFT General Maintenance Section bid package, and ancillary documents, including: o BLR 12200 – Local Public Agency Formal Contract Proposal o BLR 12201 – Schedule of Prices o BLR 12230 – Local Agency Proposal Bid Bond o BLR 12325 - Apprenticeship Certification o BLR 12326 – Affidavit of Illinois Business Office o BC 57 - Affidavit of Availability o Index for Supplemental Specifications and Recurring Special Provisions o Check Sheet for Recurring Special Provisions o BLR 11310 - Special Provisions o Bureau of Design and Environment Special Provisions/Check sheets o Local Roads Special Provisions o Location Map o Existing/Proposed Typical Sections o Prevailing Wage o Highway Standards o City Standards/Details o Core Report (Provided by Rubino Engineering) o CCDD Documents (Provided by Rubino Engineering) o Quantity Breakdown by Street • Coordinate IDOT and City review, including revisions and approval • Prepare preliminary and final cost estimates • Assist in bidding, contractor/bid evaluations, contract preparation and additional contract administration as required; facilitate IDOT approval of Contract • Attend public meetings with Staff to review design progress • Provide all bid packages in 8 ½” x 11½” format • Provide planning/design/construction schedule and frequent updates regarding any potential items affecting the schedule ATTACHMENT C: ESTIMATED LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBER United City of Yorkville YO2455-P PROJECT TITLE DATE PREPARED BY 2025 Road to Better Roads Program - Design Engineering ROLE PIC PM SPE 1 PE SPT 2 SPT 1 ADMIN PERSON RATE $246 $210 $186 $168 $175 $164 $72 DESIGN ENGINEERING 2.1 6 16 12 4 38 7,740$ 2.2 4 4 4 6 18 3,576$ 2.3 2 4 6 1,044$ 2.4 2 6 8 1,428$ 2.5 6 24 80 110 19,164$ 2.6 8 40 120 6 12 6 192 32,730$ 2.7 2 2 8 12 2,256$ 2.8 2 4 8 2 16 2,652$ 2.9 2 4 4 2 4 2 18 2,986$ 2.10 2 4 6 12 2 26 4,608$ Insert Task Subtotal:14 46 96 252 8 16 12 444 78,184$ 14 46 96 252 8 16 12 444 78,184 EEI STAFF DIRECT EXPENSES PIC Principal In Charage Printing/Scanning = 125$ PM Project Manager Rubino (Cores & CCDD) = 8,670$ SPE 1 Senior Project Engineer I PE Project Engineer DIRECT EXPENSES =8,795$ SPT 2 Senior Project Technician II SPT 1 Senior Project Technician II LABOR SUMMARY ADMIN Adminstrative Assistant EEI Labor Expenses = 78,184$ TOTAL LABOR EXPENSES 78,184$ TOTAL COSTS 86,979$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com TASK NO.TASK DESCRIPTION HOURS Project Management and Coordination Project Meetings Revise and Resubmit Bid Package for IDOT Approval/Advertisement PROJECT TOTAL: CJO10/8/24 COST Geotechnical Investigation (Coordination, Field Work, Review Report) Analyze/Finalize Roadway Rehabilitation Methods Site Review, Identification of Required Improvements Prepare Pre-Final Bid Package/Exhibits - 90% Prepare Engineer's Opinion of Probably Construction Cost - 90% Submit Bid Package for IDOT Review Bidding and Contracting ATTACHMENT D: ESTIMATED SCHEDULE CLIENT PROJECT NUMBER United City of Yorkville YO2455-P PROJECT TITLE DATE PREPARED BY 2025 Road to Better Roads Program - Design Engineering CJO OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP NOV 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 * A separate construction engineering agreement will be provided. 52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com Prepare Engineer's Opinion of Probably Construction Cost - 90% Revised and Resubmit Bid Package for IDOT Approval/Advertisement Submit Bid Package for IDOT Review; IDOT Review Construction* Project Meetings Geotechincal Investigation (Coordination, Field Work, Review Report) Analyze/Finalize Roadway Rehabilitation Methods Site Review, Identification of Required Improvements Prepare Pre-Final Bid Package/Exhibits - 90% Bidding and Contracting TASK NO.TASK DESCRIPTION 10/8/24 Project Management and Coordination 2024 2025 Rob Roy CreekRob Roy CreekRob Roy CreekRob Roy CreekBlackberry CreekBlackberry CreekRob Roy CreekBlackberry C reek Blackb erry Cre e k Fox RiverBl a c k b e r r y C r e e k Morgan Creek GALENA CANNONBALLBEECHERCORNEILSBRIDGE FAXON KENNEDY MCHUGHDICKSONROUTE 34 TUM A VETERANS GORDONJOHN E M E R A L D ERICA PARKCEN T E R ALICE COUNTRYSIDE BRISTOL RIDG E EDWARDBRISTOL BAY ROUTE 47ALAN DA L E GAME FARMFOSTER OAK KEND A L L HAYDENCONCORD BERTRAM ELMSUMACBOOMBAH HEAR T L A N D OMAHABIG BEND L I L L I A NROSENWINKEL CRIMSONA U T UM N C R E E KORCHID WALNUT PECOS JULIE GILLESPIE RYANISABELWESTERN JACKSON LI L A C EXIT TERISUNSETFREEMONTCORALPATRONFAIRHAVEN RILE Y MARKETVIEWBLACKBERRY SHOR E KATE C A R L Y BRISTOLTAMPAELDENWACKERHOMESTEAD SPRINGROBERTPLUMLAURENBLUE STE M VENETIAN WESTWATERPARK MCMURTRIEHUNT HIGH RIDGENORTHLANDSYCAMOREPLEASURE TITUSTWINLEAF LEISURE RI V E R S I D E REDBUD SIENNALANDMARK THOMASTHUNDER GULCHC R E E KPRAIRIECANYONIROQUOISMONTER E Y SLATEO L I V E PURCELL BEARBISCAYNE WHIRLAWAY CROSSCLEAR W A T E R TAUSCONOVER ARTESIANHILLCREST MILLRACENORTH RUBY ASPENGARDINER WILD INDIGOLEXINGTON SPOKANE SA G ESARASOTAHUNTINGTON COMMERCIAL ARROW H E A D SECRETARIAT ROY A L O A K S SOUTH K I N G M O O R BARRETT DEERPATH PATTERSON YELLOWSTON E BURN E T T G O L D E N RO D FISHPRAIRIE GRASSHIL L T O PDIVISIONPINEWOODMIDNIGHTCALEDONIAEVERGREENINDEPENDENCEMARKETPLACEGEORGEANNAGROVE MONARCHOSCOT TONWOOD PRAIRIE ROSELONGVIEWCATALPADOVERGARRITANODIEHL FARM C H R I S T Y TIMBALIER RED T A I L MARQU E T T E TIMBERHICKORYBUCHAN A N STRAWBER R Y L A K E V I EW CIRCLECAMDENPORT A G E PRAIRIE POINTE ANDREA PATRIC IA NADEN VIOLET A M A N D A PALMERC O D Y SWIMMINGPIERPONT S O U T H R I V E R DENISE INDIAN CLIFFSMULHERN SILVER CIT Y NOR T O N F A RM S T EA D BLACK B E R R Y ALEXANDRAAPPLETREE COBALTMADDENWELLSCORNELLPLEASANTVETERANS BRIDGEOAKBRIDGEBEECHERPARKROUTE 47 BERTRAM ROUTE 3 4 VETERANS JOHN PARKBEECHERDICKS ON CRIMSONATTACHMENT E LOCATION MAP DATE: PROJECT NO.: FILE: BY: OCTOBER 2024 YO2455 MJT 2025 MFT ROAD PROGRAM UNITED CITY OF YORKVILLE, ILLINOIS Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 www.eeiweb.com PATH:H:\GIS\PUBLIC\YORKVILLE\2022\YO2456 United City of Yorkville 651 Prairie Pointe Dr. Yorkville, IL 60560 N O R T H ° YO2455_2025 MFT Road Program RESURFACING CONCRETE PATCHING05,0002,500 US Feet 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 G-I 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 ATTACHMENT F Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number New Business #7 Tracking Number PW 2024-87 2025 Local Road Program – Design Engineering Agreement Public Works Committee – October 15, 2024 Majority Approval Please see the attached memo. Bart Olson Administration Name Department Summary Consideration of a design engineering agreement with EEI covering the 2025 Local Roads program (subdivision paving). Background This item was last discussed by the City Council in September 2024, when the City Council approved the 2025 Local Roads program, covering Heartland Circle and Bristol Bay. Since then, EEI has prepared a design engineering agreement for our consideration. The EEI proposal for design engineering is for a fixed fee amount of $164,960, and these costs are included in the FY 25 budget. Recommendation Staff recommends approval of the design engineering agreement with EEI covering the 2025 Local Roads (subdivision paving) program. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: October 10, 2024 Subject: 2025 Subdivision Paving (RTBR) program – design engineering UNITED CITY OF YORKVILLE 2025 LOCAL ROAD PROGRAM PAGE 1 2025 Local Road Program United City of Yorkville Professional Services Agreement – Design Engineering THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred to as the "City" or “OWNER” and Engineering Enterprises, Inc. hereinafter referred to as the "Contractor" or “ENGINEER” agrees as follows: A. Services: ENGINEER agrees to furnish to the City the following services: The ENGINEER shall provide any and all necessary engineering services to the City as indicated on the Scope of Services (Attachment B). Design Engineering for all roadways indicated on Attachment E will be provided. Construction Engineering services are not include and would be provided in a separate agreement. Engineering will be in accordance with all City and Illinois Department of Transportation requirements. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non - terminating party or upon completion of the Services. Upon termination the Contractor shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to Contractor: ENGINEER shall receive as compensation for all work and services to be performed herein, an amount based on the Estimated Level of Effort and Associated Cost included in Attachment C. Design Engineering will be paid for as a Fixed Fee (FF) in the amount of $164,960, of which direct expenses are estimated at $11,260. 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 written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after May 1st of that same year. UNITED CITY OF YORKVILLE 2025 LOCAL ROAD PROGRAM PAGE 2 E. Ownership of Records and Documents: Contractor agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. Contractor agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the freedom of information act or if already previously disclosed by a third party. Upon termination of this agreement, Contractor agrees to return all such materials to the City. The City agrees not to modify any original documents produced by Contractor without contractors consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER’s sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER’s sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kendall County, Illinois. G. Independent Contractor: Contractor shall have sole control over the manner and means of providing the work and services performed under this agreement. The City’s relationship to the Contractor under this agreement shall be that of an independent contractor. Contractor will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery: The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in default for a period of six months or more in an amount of $600 or more on the repayment of any educational loan guaranteed by the Illinois State Scholarship Commission made by an Illinois institution of higher education or any other loan made from public funds for the purpose of financing higher education (5 ILCS 385/3). UNITED CITY OF YORKVILLE 2025 LOCAL ROAD PROGRAM PAGE 3 Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony. Barred from Contracting: The Contractor certifies that it has not been barred from contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois Compiled Statutes 5/33E or similar law of another state. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20 -65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment under the Contract, all books and records relating to the performance of the Contract and necessary to support amounts charged to the City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City and the Illinois Auditor General. If this Contract is funded from contract/grant funds provided by the U.S. Government, the Contract, books, and records shall be available for review and audit by the Comptroller General of the U.S. and/or the Inspector General of the federal UNITED CITY OF YORKVILLE 2025 LOCAL ROAD PROGRAM PAGE 4 sponsoring agency. The Contractor agrees to cooperate fully with any audit and to provide full access to all relevant materials. United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in accordance with requirements imposed by the Internal Revenue Services for withholding and reporting federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen __Resident Alien ___ Non-Resident Alien The Internal Revenue Service requires that taxes be withheld on payments made to non-resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its Federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): ___ Individual ___ Real Estate Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation ___ Trust or Estate ___ Medical and Health Care Services Provider Corp. I. Indemnification: Contractor shall indemnify and hold harmless the City and City’s agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by Contractor or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of Contractor or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall the either party indemnify any other party for the consequences of that party’s negligence, including failure to follow the ENGINEER’s recommendations. J. Insurance: The ENGINEER agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied) K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attached Exhibits. Except for those terms included on the Exhibits, no additional terms are UNITED CITY OF YORKVILLE 2025 LOCAL ROAD PROGRAM PAGE 5 included as a part of this agreement. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of Attachments are as follows: Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Attachment C: Estimate of Level of Effort and Associated Cost Attachment D: Estimated Schedule Attachment E: Location Map Attachment F: 2024 Standard Schedule of Charges L. Notices: All notices required to be given under the terms of this agreement shall be given mail, addressed to the parties as follows: For the City: For the ENGINEER: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 651 Prairie Pointe Drive Sugar Grove Illinois 60554 Yorkville, IL 60560 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. Agreed to this _____day of __________________, 2024. United City of Yorkville: Engineering Enterprises, Inc.: ___________________________ __________________________ John Purcell Brad Sanderson, PE Mayor Chief Operating Officer / President ___________________________ __________________________ Jori Behland Angie Smith City Clerk Executive Assistant ENGINEERING ENTERPRISES, INC. ATTACHMENT A – OCTOBER 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. ATTACHMENT A – OCTOBER 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. UNITED CITY OF YORKVILLE, IL 2025 LOCAL ROAD PROGRAM PAGE 1 2025 Local Road Program United City of Yorkville, IL Professional Services Agreement - Design Engineering Attachment B – Scope of Services DESIGN ENGINEERING • Obtain, review and inventory existing utility, roadway, right-of-way, ownership, soil data, etc. • Obtain utility information to identify potential conflicts, as necessary • Obtain geotechnical site data, consisting of pavement cores taken every 1000-1500 feet, as necessary • Coordinate documentation for CCDD management of soils, as necessary • Coordinate and develop with City staff the final scope of improvements • Conduct site visits to assess condition of existing pavement, curb and gutter, sidewalk, ADA compliance, drainage and structures • Confirm pavement design and rehabilitation methodology • Prepare construction specifications, consisting of, but not limited to the following: o All required bidding and letting information and contractual forms o City special provisions and contracting information o Project specific specifications and special provisions o State specifications and provisions o Prevailing Wages o Bureau of Design and Environmental special provisions o Local Roads special provisions o Location Map o IDOT Highway Standards o Pavement Core Reports (Provided by Rubino Engineering) o CCDD Documents (Provided by Rubino Engineering) o By Street Quantity Breakdown o Aerial Exhibits showing improvement limits o Existing and Proposed typical sections • Coordinate City Asphalt Rejuvenation Program for streets that were resurfaced in 2024 • Coordinate City review, including revisions as needed • Prepare preliminary and final cost estimates • Assist in bidding, contractor/bid evaluations, contract preparation and additional contract administration as required • Attend public meetings with staff to review design progress • Provide all bid packages in 8 ½” x 11 ½” format • Provide planning/design/construction schedule and frequent updates regarding any potential items affecting the schedule ATTACHMENT C: ESTIMATED LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBER United City of Yorkville YO2456-P PROJECT TITLE DATE PREPARED BY 2025 Local Road Program - Design Engineering ROLE PIC PM SPE 1 PE SPT 2 SPT 1 ADMIN PERSON RATE $246 $210 $186 $168 $175 $164 $72 DESIGN ENGINEERING 2.1 8 32 16 8 64 13,008$ 2.2 4 6 6 8 24 4,704$ 2.3 4 8 12 2,184$ 2.4 2 4 8 14 2,508$ 2.5 8 56 172 236 40,992$ 2.6 16 88 180 56 88 2 430 74,344$ 2.7 2 6 8 10 26 4,920$ 2.8 18 6 24 4,896$ 2.9 4 4 8 16 2 34 6,144$ Insert Task Subtotal:18 96 192 410 56 88 4 864 153,700$ 18 96 192 410 56 88 4 864 153,700 EEI STAFF DIRECT EXPENSES PIC Principal In Charage Printing/Scanning = 150$ PM Project Manager Rubino (Cores & CCDD) = 11,110$ SPE 1 Senior Project Engineer I PE Project Engineer DIRECT EXPENSES =11,260$ SPT 2 Senior Project Technician II SPT 1 Senior Project Technician II LABOR SUMMARY ADMIN Adminstrative Assistant EEI Labor Expenses = 153,700$ TOTAL LABOR EXPENSES 153,700$ TOTAL COSTS 164,960$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com PROJECT TOTAL: CJO10/8/24 COSTTASK NO.TASK DESCRIPTION HOURS Project Management and Coordination Project Meetings Geotechnical Investigation (Coordination, Field Work, Review Report) Analyze/Finalize Roadway Rehabilitation Methods Site Review, Identification of Required Improvements Final Exhibits, Specifications and Estimates Prepare Engineer's Opinion of Probable Construction Cost QC/QA of Bid Package Bidding and Contracting ATTACHMENT D: ESTIMATED SCHEDULE CLIENT PROJECT NUMBER United City of Yorkville YO2456-P PROJECT TITLE DATE PREPARED BY 2025 Local Road Program - Design Engineering CJO OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 * A separate construction engineering agreement will be provided. 52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com TASK NO.TASK DESCRIPTION 10/8/24 Project Management and Coordination 2024 2025 Prepare Engineer's Opinion of Probably Construction Cost Bidding and Contracting QC/QA of Bid Package Construction* Project Meetings Geotechincal Investigation (Coordination, Field Work, Review Report) Analyze/Finalize Roadway Rehabilitation Methods Site Review, Identification of Required Improvements Final Exhibits, Specifications and Estimates Rob Roy CreekRob Roy CreekRob Roy CreekRob Roy CreekBlackberry CreekBlackberry CreekFox River Rob Roy CreekBlackbe rry C r eek Blackb erry Cre e k Fox RiverBlackberry Cr e e k Bl a c k b e r r y C r e e k Fox RiverMorga n Creek Fox Rive r Fox RiverGALENARIVER KENNEDY CANNONBALLBRIDGEBEECHER ROUTE 30 CORNEILS ROUTE 34 FAXON MCHUGHMAIN DICKSONSPRING BASELINE TUMA MILLGORDONCONCORD VETERANS GR AN D E B R I S T O L R I D G E ROUTE 71JOHN E M E R A L D ERICA E X I T PARK ADAM CENTERALICE VAN EM M O N COUNTRYSIDE TROON EDWARD BRISTOL BAY ROUTE 47OMAHAMCLELLANSIMONALAN DALETERISOMONAUKGAME FARMPRESCOTTFOSTER OAK KE N D A L L HAYDENALDENBERTRAMWILLOWELM KINGSUMACBOOMBAHFREEMONTHEAR T L A N D BIG BEND L I L L I ANROSENWINKEL CRIMSONA U T UM N C R E E K ORCHID SUNDOWNWALNUT MANCHESTER PECOS ENT R A N C E PARKWAYMATLOCKJULIE WACKERPROVIDENCE LIBERTYKI N G M O O R QUINSEY GILLESPIE JETERHARTFIELDRYANISABELRIVA RIDGEWESTERN JACKSON LI L A C PATTERSON CORALPATRONFAIRHAVEN RILE Y OLD GLORY MARKETVIEWCOLTONCR E E K JUSTICEBLACKBERRY SHOR E KATE LAKEWOOD CREEKRESERVATI O N SECRETARIAT C A R L Y SUNSETBRISTOLCOUNTRYTAMPAELDENWHITE ROSEHOMEST E A D BRUELLCHADROBERTPLUMLAURENBAILEYBLUESTE M CHURCHROODGRACEVENETIAN WESTWATERPARK MCMURTRIEHUNT REBECCAJACOB HIGH RIDGEMARGARET NORTHLANDDEERPOINTJASONLAKE SI D E HIGHLAND SYCAMOREPLEASURE TITUSTWINLEAF BRIAN LEISURE REDBUD CRYDERBASE LINE SIENNA BURRLANDMARK THOMASCYPRESSTHUNDER GULCHPRAIRIECANYON LARKSPURIROQUOISCREEK SIDE HEATHER MONTER E Y SLATEFOX O L I V E PURCELL BEARROY A L O A K S PONDEROSA BISCAYNE WHIRLAWAY CROSSL A V E N D E R LEHMANCLEAR W A T E R TAUS ACORNLINDENCONOVER L Y M A NARTESIAN HILLCREST MILLRACEBIRCHWOODNORTH RUBY ASPEN SAVOY RIVER BIRCH GARDINERBOOMERPLYMOUTH S Q U I R E WILD INDIGOLEXINGTONSPOKANE SAG EHUNTER A M E R I C A NSARASOTABISSELHUNTINGTON COMMERCIAL JUANITA FRANCES ARROWH E A D SOUTH COT TONWOOD GAYLORD TIMBER VIE W ASTORBARRETT D E E R P A T H CRANSTONPENSACOLA PRAIRIE CROSSINGTIMBER RIDGEELLSWORTHBURNETTHEN N I N G RIDGEYOR K V I L L E GAWNE FISH DOGWOOD BERRYW O O D PRAIRIE GRASSFERDINANDHIL L T O PDIVISION WI N D I N G C R E E K RI V E R S I D E CONSTITUTIONHOBBSPINEWOODMIDNIGHTOAKLAWNCALED O NI A INDEPENDENCE STACY MARKETPLACEGEORGEANNA FREEDOM AVALON GROVEMONARCHOSPRAIRIE ROSELONGVIEWCATALPADOVERGARRITANOCOUNTRYVI E WDIEHL FARM WINTERBERR Y HARRISONWESTGATEC H R I S T Y BROOKSIDETIMBALIER HONEYSUCK L E MARTIN MONTCLAIR RED T A I L MARQUETTEW H I T E S A N D S SUMMERWINDOVERHILLTIMBERHICKORYBUCHANAN STRAWBERR Y SIR BARTONANNA MA RI A L A K E V I EW CIR C L ECAMDEN IRON LEIGE PORTAGE PRAIRIE POINTE DEER WOODWORTHGALLANT FOX ANDREA AUBURNPATRIC IA BEHRENS NADEN AMOS VIOLET SILVER CHARM HALF MOONAMANDAMO R G A NTOWER SANDERSOVERLOOKFOX HILLCARDINALPALMERC O D Y SWIMMINGMENARD CENTRA L HELEN E R I E D E R NORTH R IVERDEAD ENDWORSLEYJOHNSONSO U T H R I V E R REHBEHNHATCHMAJESTIC PRINCECOLONY MILBROOKSANTA MONI C A INDIAN CLIFFSMULHERN CONEFLOWERMEADOWVIEW LE N O X SILVER CITY C T A BEAVERWINCHESTER GLEN NELSONPOWERSRI V E R O A K S NOR T O N F A RM S T E A D PATRIOTBLACK B E R R Y GLORIA ALEXANDRAAPPLETREE HALEY BIG ROCKCOBALTHIDDEN HOMES MADDENTR A I L S E N DWELLSCORNELLPLEASANTSAN D I E G O CHESHIR E HERITAG E VAN HORN WRIGLEY RIVERS IDE RIVERSID E BEECHER BEECHERROUTE 3 4 BRIDGEBERTRAM BRIDGEPARKROUTE 4 7 ROUTE 34CONCORD CENTER SOMONAUK VETERANSDICKSON SUNSETCALEDONIAVETERANS TROON CRIMSONDIVISIONJOHN PARK WESTPARKCANYONATTACHMENT ELOCATION MAP DATE: PROJECT NO.: FILE: BY: OCTOBER 2024 YO2456 MJT 2025 LOCAL ROAD PROGRAM UNITED CITY OF YORKVILLE, ILLINOIS Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 www.eeiweb.com PATH:H:\GIS\PUBLIC\YORKVILLE\2022\YO2456 United City of Yorkville 651 Prairie Pointe Dr. Yorkville, IL 60560 N O R T H ° YO2456_2025 Local Road Program RESURFACING 0 2,000 4,0001,000 US Feet 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 G-I 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 ATTACHMENT F Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: ` Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number New Business #8 Tracking Number PW 2024-88 East Valley Water Main Improvements – Design Engineering Agreement Public Works Committee – October 15, 2024 Majority Approval Please see the attached memo. Bart Olson Administration Name Department Summary Consideration of a design engineering agreement with EEI covering the East Alley Watermain relocation project. Background This item was last discussed by the City Council throughout 2024 as part of the various grant applications in and around the Hydraulic District. The project generally consists of replacing an old, undersized watermain along the east alley in the downtown, and moving it away from the buildings that front Route 47. Moving this watermain will allow better development of the eastern side of each business along Route 47. Accordingly, EEI has prepared a design engineering agreement for our consideration. The EEI proposal for design engineering is for a fixed fee amount of $81,273, and these costs are included in the FY 25 budget. Recommendation Staff recommends approval of the design engineering agreement with EEI covering the East Alley Watermain relocation project. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: October 10, 2024 Subject: East Alley Watermain Relocation – design engineering UNITED CITY OF YORKVILLE EAST ALLEY WATER MAIN IMPROVEMENTS PAGE 1 East Alley 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 $54,468. Additionally, direct expenses are estimated at $26,805. 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 EAST ALLEY 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 Kendall 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 EAST ALLEY 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 EAST ALLEY 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 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 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 EAST ALLEY 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 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. OCTOBER 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 circumst ances 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 agen ts 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 o f 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 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 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 tex t, 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 t ermination 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 OWNE R: (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. OCTOBER 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’ writte n 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 Pr oject 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 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 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 EAST ALLEY WATER MAIN IMPROVEMENTS PAGE 1 East Alley 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 replace approximately 367 feet of existing 6” water main along East Alley with new 8” water main, as well as connect new water services to surrounding buildings, and install cleanouts and line surrounding buildings' existing sanitary sewer services. 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 • Creation of Two (2) 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 • Coordination with Other Regulatory Agencies as Required (IDOT, Railroad) 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 EAST ALLEY 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 • Railroad Permitting Fees The following scope of services will be provided by EEI’s subconsultant: • Environmental Assessment & Recommendations • Geotechnical and CCDD (Rubino Engineering, Inc.) ▪ One (1) Soil Boring 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: ▪ Environmental Surveys ▪ Sewer Televising 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 effect 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 YO2430-C PROJECT TITLE DATE PREPARED BY East Alley Water Main Improvements ROLE PIC SPM PM SPE 1 SPM SPT2 ST CM SPT1 ADMIN RATE $246 $241 $210 $200 $234 $175 $168 $175 $164 $72 DESIGN ENGINEERING 2.1 Project Management and Administration - - 24 - - - - - - - 24 5,040$ 2.2 Project Meetings 4 - 6 - - - - - - - 10 2,244$ 2.3 Topographic Survey & Easements - - - - 23 20 - - - - 43 8,882$ 2.4 Utility Coordination - - - 12 - - - - - - 12 2,400$ 2.5 Final Plans, Specifications, and Estimates 2 - 20 44 - - - 28 54 - 148 27,248$ 2.6 Regulatory Agency Coordination and Permitting - - 3 8 - - - - - - 11 2,230$ 2.7 Bidding and Contracting 1 - 9 20 - - - - - 4 34 6,424$ Design Engineering Subtotal:7 - 62 84 23 20 - 28 54 4 282 54,468$ 7 - 62 84 23 20 - 28 54 4 282 54,468 EEI STAFF PIC Principal In Charge 15,000$ SPM Senior Project Manager 150$ PM Project Manager Environmental Assessment =5,000$ SPE 1 Senior Project Engineer I 6,655$ SPT 2 Senior Project Technician II DIRECT EXPENSES =26,805$ SPT 1 Senior Project Technician I ST Senior Technician ADMIN Adminstrative Assistant 54,468$ 54,468$ 81,273$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com DIRECT EXPENSES TOTAL COSTS Railroad Permitting = Printing = Geotechnical/CCDD = EEI Labor Expenses = TOTAL LABOR EXPENSES LABOR SUMMARY PROJECT TOTAL: KDW10/4/24 COSTTASK NO.TASK DESCRIPTION HOURS GFGFGFS Bridge St E Hydraulic AveE Van Emmon St8" 10"42"8"6"6" 6"12"12"Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 EAST ALLEY WATER MAIN IMPROVEMENTSwww.eeiweb.com DATE DATE: PROJECT NO.: FILE: PATH: BY: OCTOBER 2024 YO2430 YO2430_East Alley Improvements H:\GIS\PUBLIC\YORKVILLE\2024\ MJT NO.REVISIONS United City of Yorkville 651 Prairie Pointe Dr Yorkville, IL 60560 630-553-4350www.yorkville.il.us 60 030 Feet ¯Proposed Cleanouts Proposed Water Main Service Proposed Water Main Existing Sanitary Service Existing Sanitary Existing Water Main GF Existing Hydrants Existing Sanitary Manholes Existing Water Main Valves Proposed 8" Water Main Proposed Water Service (TYP) Proposed Cleanout Locations (TYP) Existing Water Main To Be Abandoned ATTACHMENT E: ESTIMATED SCHEDULE CLIENT PROJECT NUMBER United City of Yorkville YO2430-C PROJECT TITLE DATE PREPARED BY East Alley Water Main Improvements KDW SEPT OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG DESIGN ENGINEERING 2.1 2.2 2.3 2.4 2.5 2.6 2.7 52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com TASK NO.TASK DESCRIPTION 9/30/24 2024 2025 Final Plans, Specifications, and Estimates Regulatory Agency Coordination and Permitting Bidding and Contracting Project Management and Administration Project Meetings Topographic Survey Utility Coordination 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 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 2024-89 Well No. 10 & Well No. 7 Water Treatment Plant Improvements – Bid Award Public Works Committee – October 15, 2024 Majority Consideration of Award Consideration of Award Brad Sanderson Engineering Name Department Page 2 Bids for the project were received, opened, and tabulated at 10:00 a.m. on October 3, 2024. Representatives from the contractors bidding on the project, the City, and our firm were attendance. Copies of the Bid Summary and Bid Tab are included for your reference. We recommend accepting the bid and approving the award for the lowest bidder, H. Linden & Sons Sewer & Water, Inc., located at 722 E. South Street, Plano, IL 60545, in the amount of $2,400,007.00, which is 32.13% lower than the Engineer’s Estimate of $3,536,340.00. If you have any questions or require further information, please feel free to reach out to me. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Rob Fredrickson, Finance Director Jori Behland, City Clerk Date: October 8, 2024 Subject: Well No. 10 & Well No. 7 Water Treatment Plant Improvements BID TABULATION BIDS RECEIVED 10:00 A.M. 10/3/2024 TOTAL FOR BASE BID ITEMS $3,536,340.00 $2,400,007.00 $2,883,770.00 ADDENDUM NO. 1 X X ADDENDUM NO. 2 X X SIGNED BID X X BID BOND X X BIDDER'S QUESTIONNAIRE X X BID SUMMARY WATER WELL NO. 10 AND WELL NO. 7 WATER TREATMENT PLANT ELECTRICAL IMPROVEMENTS UNITED CITY OF YORKVILLE ENGINEER'S ESTIMATE 52 WHEELER RD SUGAR GROVE, IL 60554 H. LINDEN & SONS SEWER & WATER, INC. 722 E. SOUTH STREET, UNIT D PLANO, IL 60545 PERFORMANCE CONSTRUCITON & ENGINEERING, LLC 217 W. JOHN STREET PLANO, IL 60545 ITEM UNIT UNIT UNIT NO.DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1 MOBILIZATION, INCLUDING PERFORMANCE AND PAYMENT BONDS LS 1 $ 75,000.00 $ 75,000.00 $100,000.00 $ 100,000.00 $428,880.00 $ 428,880.00 2 FURNISH AND INSTALL WELL EQUIPMENT FOR WELL NO. 10, INCLUDING BUT NOT LIMITED TO, DEEP WELL SUBMERSIBLE PUMP AND MOTOR, PITLESS ADAPTER, PIPING, LEVEL TRANSDUCER, RAW WATER MAIN, VALVES, SAMPLING STATION, FIRE HYDRANT, VALVE VAULTS, PAVEMENT, SIDEWALKS, SITE GRADING, SITE RESTORATION, ELECTRICAL, CONTROLS, COORDINATION WITH COMED, ELECTRICAL SERVICE, ELECTRICAL DUCTBANK, LIGHTING, MANUAL TRANSFER SWITCH, GENERATOR TAP BOX, STARTUP/TESTING, PRESSURE TESTING/DISINFECTION OF RAW WATER MAIN (FROM WELLHEAD TO WTP), WTP CONTROL MODIFICATIONS, FENCING, CONCRETE FOUNDATIONS, EXCAVATION, BACKFILL, AND APPURTENANCES IN ACCORDANCE WITH THE SPECIFICATIONS AND DRAWINGS LS 1 $ 2,927,895.00 $ 2,927,895.00 $1,198,000.00 $ 1,198,000.00 $1,995,190.00 $ 1,995,190.00 3 FURNISH AND INSTALL A NEW SWITCHGEAR WITH A MANUAL TRANSFER SWITCH AND GENERATOR TAP BOX AT THE WELL NO. 7 WTP, INCLUDING BUT NOT LIMITED TO, REMOVAL AND DISPOSAL OF EXISTING ELECTRICAL GEAR AND APPURTENANCES, TEMPORARY ELECTRICAL FACILITIES, MODIFICATIONS TO THE ELECTRICAL SERVICE, ELECTRICAL, CONTROLS, STARTUP/TESTING, COORDINATION WITH COMED, CONCRETE FOUNDATION, EXCAVATION, BACKFILL, SITE AND PAVEMENT RESTORATION, AND APPURTENANCES IN ACCORDANCE WITH THE SPECIFICATIONS AND DRAWINGS LS 1 $ 508,445.00 $ 508,445.00 $1,077,007.00 $ 1,077,007.00 $434,700.00 $ 434,700.00 4 ITEMS ORDERED BY THE ENGINEER LS 25,000 $ 1.00 $ 25,000.00 $1.00 $ 25,000.00 $1.00 $ 25,000.00 $ 3,536,340.00 $ 2,400,007.00 $ 2,883,770.00 -32.13%-18.45%BELOW ENGINEERS ESTIMATE BASE BID TOTAL (ITEMS 1 THRU 4) BID TABULATION WATER WELL NO. 10 AND WELL NO. 7 WATER TREATMENT PLANT ELECTRICAL IMPROVEMENTS UNITED CITY OF YORKVILLE BID TABULATION SEWER & WATER, INC.& ENGINEERING, LLC 722 E. South Street, Unit D 217 W. John Street ENGINEER'S ESTIMATE 52 Wheeler Road Sugar Grove, IL 60554 10/3/2024 BIDS RECEIVED 10:00 A.M. H. LINDEN & SONS PERFORMANCE CONSTRUCITON Plano, IL 60545 Plano, IL 60545 ENGINEERING ENTERPRISES, INC. 52 WHEELER ROAD, SUGAR GROVE, ILLINOIS 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 2024-90 Well No. 10 & Well No. 7 Water Treatment Plant Improvements – Construction Engineering Public Works Committee – October 15, 2024 Majority Approval Bart Olson Administration Name Department UNITED CITY OF YORKVILLE WATER WELL NO. 10 EQUIPMENT PAGE 1 Water Well No. 10 Equipment 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: ENGINEER agrees to furnish to the City the following services: The ENGINEER shall provide any and all necessary engineering services to the City as indicated on the Scope of Services (Attachment B). Construction Engineering Services for the water well indicated in Attachment E will be provided. Engineering will be in accordance with all City 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 Estimated 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 $122,904. Direct Expenses are estimated at $10,000. The total contract amount is $132,904. 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 written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after May 1st of that same year. UNITED CITY OF YORKVILLE WATER WELL NO. 10 EQUIPMENT PAGE 2 E. Ownership of Records and Documents: Contractor agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. Contractor agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the freedom of information act or if already previously disclosed by a third party. Upon termination of this agreement, Contractor agrees to return all such materials to the City. The City agrees not to modify any original documents produced by Contractor without contractors consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER’s sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER’s sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kendall County, Illinois. G. Independent Contractor: Contractor shall have sole control over the manner and means of providing the work and services performed under this agreement. The City’s relationship to the Contractor under this agreement shall be that of an independent contractor. Contractor will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery: The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in default for a period of six months or more in an amount of $600 or more on the repayment of any educational loan guaranteed by the Illinois State Scholarship Commission made by an Illinois institution of higher education or any other loan made from public funds for the purpose of financing higher education (5 ILCS 385/3). UNITED CITY OF YORKVILLE WATER WELL NO. 10 EQUIPMENT PAGE 3 Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony. Barred from Contracting: The Contractor certifies that it has not been barred from contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois Compiled Statutes 5/33E or similar law of another state. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment under the Contract, all books and records relating to the performance of the Contract and necessary to support amounts charged to the City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City and the Illinois Auditor General. If this Contract is funded from contract/grant funds provided by the U.S. Government, the Contract, books, and records shall be available for review and audit by the Comptroller General of the U.S. and/or the Inspector General of the federal UNITED CITY OF YORKVILLE WATER WELL NO. 10 EQUIPMENT PAGE 4 sponsoring agency. The Contractor agrees to cooperate fully with any audit and to provide full access to all relevant materials. United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in accordance with requirements imposed by the Internal Revenue Services for withholding and reporting federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen ___ Resident Alien ___ Non-Resident Alien The Internal Revenue Service requires that taxes be withheld on payments made to non resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its Federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): ___ Individual ___ Real Estate Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation ___ Trust or Estate ___ Medical and Health Care Services Provider Corp. I. Indemnification: Contractor shall indemnify and hold harmless the City and City’s agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by Contractor or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of Contractor or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall the either party indemnify any other party for the consequences of that party’s negligence, including failure to follow the ENGINEER’s recommendations. J. Insurance: The ENGINEER agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied) K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attached Exhibits. Except for those terms included on the Exhibits, no additional terms are UNITED CITY OF YORKVILLE WATER WELL NO. 10 EQUIPMENT PAGE 5 included as a part of this agreement. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of Attachments are as follows: Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Attachment C: Estimate of Level of Effort and Associated Cost Attachment D: Estimated Schedule Attachment E: Location Map Attachment F: 2024 Standard Schedule of Charges UNITED CITY OF YORKVILLE WATER WELL NO. 10 EQUIPMENT PAGE 6 L. Notices: All notices required to be given under the terms of this agreement shall be given mail, addressed to the parties as follows: For the City: For the ENGINEER: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 651 Prairie Pointe Drive Sugar Grove Illinois 60554 Yorkville, IL 60560 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. Agreed to this _____day of __________________, 2024. United City of Yorkville: Engineering Enterprises, Inc.: ___________________________ __________________________ John Purcell Brad Sanderson, PE Mayor Chief Operating Officer / President ___________________________ __________________________ Jori Behland Angie Smith City Clerk Executive Assistant ENGINEERING ENTERPRISES, INC. ATTACHMENT A – OCTOBER 2024 PAGE 1 STANDARD TERMS AND CONDITIONS Agreement: These Standard Terms and Conditions, together with the Professional Services Agreement, constitute the entire integrated agreement between the OWNER and Engineering Enterprises, Inc. (EEI) (hereinafter “Agreement”), and take precedence over any other provisions between the Parties. These terms may be amended, but only if both parties consent in writing. Standard of Care: In providing services under this Agreement, the ENGINEER will endeavor to perform in a matter consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under same circumstances in the same locality. ENGINEER makes no other warranties, express or implied, written or oral under this Agreement or otherwise, in connection with ENGINEER’S service. Construction Engineering and Inspection: The ENGINEER shall not supervise, direct, control, or have authority over any contractor work, nor have authority over or be responsible for the means, methods, techniques sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety of the site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor’s furnishing and performing of its work. The ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for contractor’s failure to furnish and perform the work in accordance with the contract documents. The ENGINEER is not responsible for the acts or omissions of any contractor, subcontractor, or supplies, or any of their agents or employees or any other person at the site or otherwise furnishing or performing any work. Shop drawing and submittal review by the ENGINEER shall apply to only the items in the submissions and only for the purpose of assessing if upon installation or incorporation in the project work they are generally consistent with the construction documents.  OWNER agrees that the contractor is solely responsible for the submissions and for compliance with the construction documents.  OWNER further agrees that the ENGINEER’S review and action in relation to these submissions shall not constitute the provision of means, methods, techniques, sequencing or procedures of construction or extend or safety programs or precautions.  The ENGINEER’S consideration of a component does not constitute acceptance of the assembled items. The ENGINEER’S site observation during construction shall be at the times agreed upon in the Project Scope.  Through standard, reasonable means the ENGINEER will become generally familiar with observable completed work.  If the ENGINEER observes completed work that is inconsistent with the construction documents, that information shall be communicated to the contractor and OWNER for them to address. Opinion of Probable Construction Costs: ENGINEER’S opinion of probable construction costs represents ENGINEER’S best and reasonable judgment as a professional engineer. OWNER acknowledges that ENGINEER has no control over construction costs of contractor’s methods of determining pricing, or over competitive bidding by contractors, or of market conditions or changes thereto. ENGINEER cannot and does not guarantee that proposals, bids or actual construction costs will not vary from ENGINEER’S opinion of probable construction costs. Copies of Documents & Electronic Compatibility: Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also known as hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, ENGINEER makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning of the project. Changed Conditions: If, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to the ENGINEER are revealed, to the extent that they affect the scope of services, compensation, schedule, allocation of risks, or other material terms of this Agreement, the ENGINEER may call for renegotiation of appropriate portions of this Agreement. The ENGINEER shall notify the OWNER of the changed conditions necessitating renegotiation, and the ENGINEER and the OWNER shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this Agreement, in accordance with the termination provision hereof. Hazardous Conditions: OWNER represents to ENGINEER that to the best of its knowledge no Hazardous Conditions (environmental or otherwise) exist on the project site. If a Hazardous Condition is encountered or alleged, ENGINEER shall have the obligation to notify OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental officials. It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a Hazardous Condition. In the event ENGINEER or any other party encounters a Hazardous Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the project affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Condition; and (ii) warrants that the project site is in full compliance with applicable Laws and Regulations. Consequential Damages: Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective officers, directors, partners, employees, contractors, or subcontractors shall be liable to the other or shall make any claim for any incidental, indirect, or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of ENGINEERING ENTERPRISES, INC. ATTACHMENT A – OCTOBER 2024 PAGE 2 profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. Termination: This Agreement may be terminated for convenience, without cause, upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation as set forth in the Professional Services Agreement for all costs incurred through the date of termination. Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days’ written notice for the following reasons: (a) Substantial failure by the other party to comply with or perform in accordance with the terms of the Agreement and through no fault of the terminating party; (b) Assignment of the Agreement or transfer of the project without the prior written consent of the other party; (c) Suspension of the project or the ENGINEER’S services by the OWNER for a period of greater than ninety (90) calendar days, consecutive or in the aggregate. (d) Material changes in the conditions under which this Agreement was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. Payment of Invoices: Invoices are due and payable within 30 days of receipt unless otherwise agreed to in writing. Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the OWNER or the ENGINEER. The ENGINEER’S services under this Agreement are being performed solely and exclusively for the OWNER’S benefit, and no other party or entity shall have any claim against the ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, vendors and other entities involved in this Project to carry out the intent of this provision. Force Majeure: Each Party shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and the nonperforming party promptly provides notice of such prevention to the other party. Such excuse shall be continued so long as the condition constituting force majeure continues. The party affected by such force majeure also shall notify the other party of the anticipated duration of such force majeure, any actions being taken to avoid or minimize its effect after such occurrence, and shall take reasonable efforts to remove the condition constituting such force majeure. For purposes of this Agreement, “force majeure” shall include conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer. Additional Terms or Modification: All prior understandings and agreements between the parties are merged into this Agreement, and this Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by both parties. In the event that any provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under or interest in this Agreement without the prior written consent of the other party. Subcontracting normally contemplated by the ENGINEER shall not be considered an assignment for purposes of this Agreement. Waiver: A party’s waiver of, or the failure or delay in enforcing any provision of this Agreement shall not constitute a waiver of the provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Attorney’s Fees: In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover from the other all costs and expenses including without limitation the reasonable fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the Court may adjudge reasonable. Fiduciary Duty: Nothing in this Agreement is intended to create, nor shall it be construed to create, a fiduciary duty owed to either party to the other party. EEI makes no warranty, express or implied, as to its professional services rendered. Headings: The headings used in this Agreement are inserted only as a matter of convenience only, and in no way define, limit, enlarge, modify, explain or define the text thereof nor affect the construction or interpretation of this Agreement. UNITED CITY OF YORKVILLE, IL WATER WELL NO. 10 EQUIPMENT PAGE 1 Water Well No. 10 Equipment United City of Yorkville, IL Professional Services Agreement – Construction Engineering Attachment B – Scope of Services CONSTRUCTION ENGINEERING • Project Administration • Pre-Con Meeting and Construction Progress Meetings (16 Total Meetings Max.) • Review Pay Applications (16 Max.) • Review Contractor’s Detailed Invoice and Prepare Cover Letter • Review and Track Contractor’s Waivers of Lien • Review Shop Drawings, O&M Manuals, and Warranty Info • Review RFI's and PCO's, and Prepare Change Orders (Max. of 2 Change Orders) • Construction Staking • Coordination with the City and Contractor • Construction Observation & Field Reports (Estimating Approximately 8 Hours Per Week for 45 Weeks for Construction Observation) • Prepare and Issue As-built Drawings The following scope of services will be provided by EEI’s subconsultant Archer Consulting Engineers: • Archer Consulting Engineers – Review of Shop Drawings, RFIs, and Change Orders. Inspection of Electrical Equipment. EXCLUSIONS: The above scope of services for the Water Well No. 10 Equipment includes the following exclusions: • Excludes Certified Payroll Review • Excludes Special Permitting Related to Potential Sources of Contamination • Construction Staking for the Well Site and Conduit Route The above scope for “Water Well No. 10 Equipment” 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 YO24XX PROJ United City of Yorkville DATE PREPARED BY Water Well No. 10 Equipment 10/10/24 ROLE PIC PM PE SPS II W/GPS CAD TECH ADMIN RATE $246 $210 $165 $200 $164 $70 CONSTRUCTION ENGINEERING 3.1 4 16 20 $ 4,344 3.2 4 32 32 68 $ 12,984 3.3 8 16 24 $ 4,320 3.4 20 40 60 $ 10,800 3.5 4 8 12 $ 2,160 3.6 8 6 14 $ 2,584 3.7 8 24 32 64 $ 12,288 3.8 40 352 392 $ 66,480 3.9 8 16 16 40 $ 6,944 16 152 496 8 22 - 694 $ 122,904 16 152 496 8 22 - 694 122,904$ NOTES: 2,500$ 7,500$ 10,000$ 122,904$ 122,904$ 132,904$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com LABOR SUMMARY DIRECT EXPENSES = EEI Labor Expenses = TOTAL LABOR EXPENSES TOTAL COSTS HOURS Construction Engineering Subtotal: DIRECT EXPENSES PROJECT TOTAL: Prepare and Issue As-Built Drawings Archer Construction Services = Printing/Scanning/Vehicle Charges = 1. See Attachment B for Detailed Scope of Services and Exclusions KEP COST Pre-Construction Meeting and Progress Meetings (16 Total) Review and Process Pay Applications (16 Max.) Construction Observation & Field Reports Project Administration and Contracting Facilitation Review RFI's and PCO's, and Prepare Change Orders (Max. of 2 Change Orders) Construction Staking Coordination with the City, School District, and Contractor Review Shop Drawings, O&M Manuals, and Warranty Info TASK NO.TASK DESCRIPTION ATTACHMENT D: ESTIMATED SCHEDULE CLIENT PROJECT NUMBER United City of Yorkville YO24XX PROJECT TITLE DATE PREPARED BY Water Well No 10 Equipment KEP SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR CONSTRUCTION ENGINEERING 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com 2026 10/10/24 Pre-Construction Meeting and Progress Meetings (16 Total) Review and Process Pay Applications (16 Max.) Review Shop Drawings, O&M Manuals, and Warranty Info Review RFI's and PCO's, and Prepare Change Orders (Max. of 2 Change Orders) Construction Staking Coordination with the City, School District, and Contractor Construction Observation & Field Reports Prepare and Issue As-Built Drawings TASK NO.TASK DESCRIPTION Project Administration and Contracting Facilitation 2024 2025 W Somonauk St Church StGameFarm RdCody C t C arly D r Prairie Ln C a r l y C t West StE Park St King StNBridgeStSunset AveE S o m o n a u k StCannonball TrlAppletree Ct W Spring StTower LnGeorgeanna St Conover Ln Copyright nearmap 2015 Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 EXHIBIT NO. 1 WATER WELL NO. 10 EQUIPMENT AERIAL SITE PLANwww.eeiweb.com DATE DATE: PROJECT NO.: FILE: PATH: BY: OCTOBER 2024 YO2303 YO2303_Well No. 10 Site.mxd H:\GIS\PUBLIC\YORKVILLE\2023\ MJT NO.REVISIONS ³United City of Yorkville 651 Prairie Pointe Drive Yorkville, IL 60560 630-553-4350www.yorkville.il.us 600 0300 Feet CONSTRUCTION STAGE AREAPROPOSED WELL SITE WATER WELL NO.10 WATER WELL NO. 10 & WATER WELL NO. 7 WATER TREATMENT PLANT IMPROVEMENTS UNITED CITY OF YORKVILLE KENDAL COUNTY, ILLINOIS 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 G-I 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 ATTACHMENT F UNITED CITY OF YORKVILLE WELL NO. 7 WTP IMPROVEMENTS PAGE 1 Well No. 7 Water Treatment Plant Improvements 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: ENGINEER agrees to furnish to the City the following services: The ENGINEER shall provide any and all necessary engineering services to the City as indicated on the Scope of Services (Attachment B). Construction Engineering for the water treatment plant indicated in Attachment E will be provided. Engineering will be in accordance with all City 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 Estimated 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 $43,130. Direct Expenses are estimated at $4,000. The total contract amount is $47,130. 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 written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after May 1st of that same year. UNITED CITY OF YORKVILLE WELL NO. 7 WTP IMPROVEMENTS PAGE 2 E. Ownership of Records and Documents: Contractor agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. Contractor agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the freedom of information act or if already previously disclosed by a third party. Upon termination of this agreement, Contractor agrees to return all such materials to the City. The City agrees not to modify any original documents produced by Contractor without contractors consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER’s sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER’s sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kendall County, Illinois. G. Independent Contractor: Contractor shall have sole control over the manner and means of providing the work and services performed under this agreement. The City’s relationship to the Contractor under this agreement shall be that of an independent contractor. Contractor will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery: The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in default for a period of six months or more in an amount of $600 or more on the repayment of any educational loan guaranteed by the Illinois State Scholarship Commission made by an Illinois institution of higher education or any other loan made from public funds for the purpose of financing higher education (5 ILCS 385/3). UNITED CITY OF YORKVILLE WELL NO. 7 WTP IMPROVEMENTS PAGE 3 Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony. Barred from Contracting: The Contractor certifies that it has not been barred from contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois Compiled Statutes 5/33E or similar law of another state. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment under the Contract, all books and records relating to the performance of the Contract and necessary to support amounts charged to the City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City and the Illinois Auditor General. If this Contract is funded from contract/grant funds provided by the U.S. Government, the Contract, books, and records shall be available for review and audit by the Comptroller General of the U.S. and/or the Inspector General of the federal UNITED CITY OF YORKVILLE WELL NO. 7 WTP IMPROVEMENTS PAGE 4 sponsoring agency. The Contractor agrees to cooperate fully with any audit and to provide full access to all relevant materials. United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in accordance with requirements imposed by the Internal Revenue Services for withholding and reporting federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen ___ Resident Alien ___ Non-Resident Alien The Internal Revenue Service requires that taxes be withheld on payments made to non resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its Federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): ___ Individual ___ Real Estate Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation ___ Trust or Estate ___ Medical and Health Care Services Provider Corp. I. Indemnification: Contractor shall indemnify and hold harmless the City and City’s agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by Contractor or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of Contractor or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall the either party indemnify any other party for the consequences of that party’s negligence, including failure to follow the ENGINEER’s recommendations. J. Insurance: The ENGINEER agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied) K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attached Exhibits. Except for those terms included on the Exhibits, no additional terms are UNITED CITY OF YORKVILLE WELL NO. 7 WTP IMPROVEMENTS PAGE 5 included as a part of this agreement. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of Attachments are as follows: Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Attachment C: Estimate of Level of Effort and Associated Cost Attachment D: Estimated Schedule Attachment E: Location Map Attachment F: 2024 Standard Schedule of Charges UNITED CITY OF YORKVILLE WELL NO. 7 WTP IMPROVEMENTS PAGE 6 L. Notices: All notices required to be given under the terms of this agreement shall be given mail, addressed to the parties as follows: For the City: For the ENGINEER: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 651 Prairie Pointe Drive Sugar Grove Illinois 60554 Yorkville, IL 60560 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. Agreed to this _____day of __________________, 2024. United City of Yorkville: Engineering Enterprises, Inc.: ___________________________ __________________________ John Purcell Brad Sanderson, PE Mayor Chief Operating Officer / President ___________________________ __________________________ Jori Behland Angie Smith City Clerk Executive Assistant ENGINEERING ENTERPRISES, INC. ATTACHMENT A – OCTOBER 2024 PAGE 1 STANDARD TERMS AND CONDITIONS Agreement: These Standard Terms and Conditions, together with the Professional Services Agreement, constitute the entire integrated agreement between the OWNER and Engineering Enterprises, Inc. (EEI) (hereinafter “Agreement”), and take precedence over any other provisions between the Parties. These terms may be amended, but only if both parties consent in writing. Standard of Care: In providing services under this Agreement, the ENGINEER will endeavor to perform in a matter consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under same circumstances in the same locality. ENGINEER makes no other warranties, express or implied, written or oral under this Agreement or otherwise, in connection with ENGINEER’S service. Construction Engineering and Inspection: The ENGINEER shall not supervise, direct, control, or have authority over any contractor work, nor have authority over or be responsible for the means, methods, techniques sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety of the site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor’s furnishing and performing of its work. The ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for contractor’s failure to furnish and perform the work in accordance with the contract documents. The ENGINEER is not responsible for the acts or omissions of any contractor, subcontractor, or supplies, or any of their agents or employees or any other person at the site or otherwise furnishing or performing any work. Shop drawing and submittal review by the ENGINEER shall apply to only the items in the submissions and only for the purpose of assessing if upon installation or incorporation in the project work they are generally consistent with the construction documents.  OWNER agrees that the contractor is solely responsible for the submissions and for compliance with the construction documents.  OWNER further agrees that the ENGINEER’S review and action in relation to these submissions shall not constitute the provision of means, methods, techniques, sequencing or procedures of construction or extend or safety programs or precautions.  The ENGINEER’S consideration of a component does not constitute acceptance of the assembled items. The ENGINEER’S site observation during construction shall be at the times agreed upon in the Project Scope.  Through standard, reasonable means the ENGINEER will become generally familiar with observable completed work.  If the ENGINEER observes completed work that is inconsistent with the construction documents, that information shall be communicated to the contractor and OWNER for them to address. Opinion of Probable Construction Costs: ENGINEER’S opinion of probable construction costs represents ENGINEER’S best and reasonable judgment as a professional engineer. OWNER acknowledges that ENGINEER has no control over construction costs of contractor’s methods of determining pricing, or over competitive bidding by contractors, or of market conditions or changes thereto. ENGINEER cannot and does not guarantee that proposals, bids or actual construction costs will not vary from ENGINEER’S opinion of probable construction costs. Copies of Documents & Electronic Compatibility: Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also known as hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, ENGINEER makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning of the project. Changed Conditions: If, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to the ENGINEER are revealed, to the extent that they affect the scope of services, compensation, schedule, allocation of risks, or other material terms of this Agreement, the ENGINEER may call for renegotiation of appropriate portions of this Agreement. The ENGINEER shall notify the OWNER of the changed conditions necessitating renegotiation, and the ENGINEER and the OWNER shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this Agreement, in accordance with the termination provision hereof. Hazardous Conditions: OWNER represents to ENGINEER that to the best of its knowledge no Hazardous Conditions (environmental or otherwise) exist on the project site. If a Hazardous Condition is encountered or alleged, ENGINEER shall have the obligation to notify OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental officials. It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a Hazardous Condition. In the event ENGINEER or any other party encounters a Hazardous Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the project affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Condition; and (ii) warrants that the project site is in full compliance with applicable Laws and Regulations. Consequential Damages: Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective officers, directors, partners, employees, contractors, or subcontractors shall be liable to the other or shall make any claim for any incidental, indirect, or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of ENGINEERING ENTERPRISES, INC. ATTACHMENT A – OCTOBER 2024 PAGE 2 profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. Termination: This Agreement may be terminated for convenience, without cause, upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation as set forth in the Professional Services Agreement for all costs incurred through the date of termination. Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days’ written notice for the following reasons: (a) Substantial failure by the other party to comply with or perform in accordance with the terms of the Agreement and through no fault of the terminating party; (b) Assignment of the Agreement or transfer of the project without the prior written consent of the other party; (c) Suspension of the project or the ENGINEER’S services by the OWNER for a period of greater than ninety (90) calendar days, consecutive or in the aggregate. (d) Material changes in the conditions under which this Agreement was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. Payment of Invoices: Invoices are due and payable within 30 days of receipt unless otherwise agreed to in writing. Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the OWNER or the ENGINEER. The ENGINEER’S services under this Agreement are being performed solely and exclusively for the OWNER’S benefit, and no other party or entity shall have any claim against the ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, vendors and other entities involved in this Project to carry out the intent of this provision. Force Majeure: Each Party shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and the nonperforming party promptly provides notice of such prevention to the other party. Such excuse shall be continued so long as the condition constituting force majeure continues. The party affected by such force majeure also shall notify the other party of the anticipated duration of such force majeure, any actions being taken to avoid or minimize its effect after such occurrence, and shall take reasonable efforts to remove the condition constituting such force majeure. For purposes of this Agreement, “force majeure” shall include conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer. Additional Terms or Modification: All prior understandings and agreements between the parties are merged into this Agreement, and this Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by both parties. In the event that any provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under or interest in this Agreement without the prior written consent of the other party. Subcontracting normally contemplated by the ENGINEER shall not be considered an assignment for purposes of this Agreement. Waiver: A party’s waiver of, or the failure or delay in enforcing any provision of this Agreement shall not constitute a waiver of the provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Attorney’s Fees: In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover from the other all costs and expenses including without limitation the reasonable fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the Court may adjudge reasonable. Fiduciary Duty: Nothing in this Agreement is intended to create, nor shall it be construed to create, a fiduciary duty owed to either party to the other party. EEI makes no warranty, express or implied, as to its professional services rendered. Headings: The headings used in this Agreement are inserted only as a matter of convenience only, and in no way define, limit, enlarge, modify, explain or define the text thereof nor affect the construction or interpretation of this Agreement. UNITED CITY OF YORKVILLE, IL WELL NO. 7 WTP IMPROVEMENTS PAGE 1 Well No. 7 Water Treatment Plant Improvements United City of Yorkville, IL Professional Services Agreement – Construction Engineering Attachment B – Scope of Services CONSTRUCTION ENGINEERING • Project Administration • Pre-Con Meeting and Construction Progress Meetings (8 Total Meetings Max.) • Review Pay Applications (8 Max.) • Review Contractor’s Detailed Invoice and Prepare Cover Letter • Review and Track Contractor’s Waivers of Lien • Review Shop Drawings, O&M Manuals, and Warranty Info • Review RFI's and PCO's, and Prepare Change Orders (Max. of 2 Change Orders) • Coordination with the City and Contractor • Construction Observation & Field Reports (Estimating Approximately 8 Hours Per Week for 16 Weeks for Construction Observation) • Prepare and Issue As-built Drawings The following scope of services will be provided by EEI’s subconsultant Archer Consulting Engineers: • Archer Consulting Engineers – Review of Shop Drawings, RFIs, and Change Orders. Inspection of Electrical Equipment. EXCLUSIONS: The above scope of services for the Well No. 7 Water Treatment Plant Improvements includes the following exclusions: • Excludes Certified Payroll Review • Excludes Special Permitting Related to Potential Sources of Contamination • Excludes Construction Staking The above scope for “Well No. 7 Water Treatment Plant Improvements” summarizes the work items that will be completed for this contract. Additional work items, including additional meetings beyond the meetings defined in the above scope shall be considered outside the scope of the base contract and will be billed in accordance with the Standard Schedule of Charges. ATTACHMENT C: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBER United City of Yorkville YO24XX PROJ United City of Yorkville DATE PREPARED BY Well No. 7 Water Treatment Plant Improvements 10/10/24 ROLE PIC PM PE SPS II W/GPS CAD TECH ADMIN RATE $246 $210 $165 $200 $164 $70 CONSTRUCTION ENGINEERING 3.1 2 8 10 2,172$ 3.2 2 8 8 18 3,492$ 3.3 4 8 12 2,160$ 3.4 8 8 16 3,000$ 3.5 2 4 6 1,080$ 3.6 8 12 20 3,660$ 3.7 24 128 152 26,160$ 3.8 2 2 4 8 1,406$ 4 64 170 - 4 - 242 43,130$ 4 64 170 - 4 - 242 43,130$ NOTES: 500$ 3,500$ 4,000$ EEI Labor Expenses = 43,130$ 43,130$ 47,130$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com LABOR SUMMARY TOTAL LABOR EXPENSES DIRECT EXPENSES = TOTAL COSTS Construction Engineering Subtotal: Archer Construction Services = Printing/Scanning/Vehicle Charges = 1. See Attachment B for Detailed Scope of Services and Exclusions KEP COST Pre-Construction Meeting and Progress Meetings (8 Total) Review and Process Pay Applications (8 Max.) Construction Observation & Field Reports Project Administration and Contracting Facilitation Review RFI's and PCO's, and Prepare Change Orders (Max. of 2 Change Orders) Coordination with the City and Contractor TASK NO.TASK DESCRIPTION HOURS DIRECT EXPENSES PROJECT TOTAL: Prepare and Issue As-Built Drawings Review Shop Drawings, O&M Manuals, and Warranty Info ATTACHMENT D: ESTIMATED SCHEDULE CLIENT PROJECT NUMBER United City of Yorkville YO24XX PROJECT TITLE DATE PREPARED BY Well No. 7 Water Treatment Plant Improvements KEP SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR CONSTRUCTION ENGINEERING 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 52 Wheeler Road Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com TASK NO.TASK DESCRIPTION Project Administration and Contracting Facilitation 2024 2025 10/10/24 Review RFI's and PCO's, and Prepare Change Orders (Max. of 2 Change Orders) Coordination with the City and Contractor Construction Observation & Field Reports Prepare and Issue As-Built Drawings 2026 Pre-Construction Meeting and Progress Meetings (8 Total) Review and Process Pay Applications (8 Max.) Review Shop Drawings, O&M Manuals, and Warranty Info Tremont AveCountry Hills DrRichmondAve Copyright nearmap 2015 Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 EXHIBIT NO. 2 WATER WELL NO. 7 WATER TREATMENT PLANT AERIAL SITE PLANwww.eeiweb.com DATE DATE: PROJECT NO.: FILE: PATH: BY: OCTOBER 2024 YO2303 YO2303_Well No. 10 Site.mxd H:\GIS\PUBLIC\YORKVILLE\2023\ MJT NO.REVISIONS ³United City of Yorkville 651 Prairie Pointe Drive Yorkville, IL 60560 630-553-4350www.yorkville.il.us 200 0100 Feet WELL SITE WATER WELL NO.7 WATER WELL NO. 10 & WATER WELL NO. 7 WATER TREATMENT PLANT IMPROVEMENTS UNITED CITY OF YORKVILLE KENDAL COUNTY, ILLINOIS 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 G-I 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 ATTACHMENT F Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number New Business #11 Tracking Number PW 2024-91 WIFIA Loan Application – Engineering Change Order & Contract Amendment Public Works Committee – October 15, 2024 Majority Approval Please see the attached memo. Bart Olson Administration Name Department Summary Consideration of a change order to the engineering agreement with EEI (subconsultant Stantec) covering WIFIA application services. Background This item was last discussed by the City Council in September 2023 when the City Council approved an engineering agreement with EEI/Stantec to cover WIFIA application efforts. Since then, EEI and Stantec have been compiling application materials and meeting regularly with the EPA / WIFIA staff to complete the application. EPA staff have recommended regularly scheduled meetings above and beyond what was expected when the City Council approved the original engineering agreement with EEI last year, and the WIFIA application process has been marginally delayed due to various components of the overall project. Accordingly, EEI and Stantec have recalibrated their time spent on the project and have requested a change order to cover additional time and effort on the application process in an amount of $57,000. This will take the total contract value to $141,000 from ~$84,000. While this money is not budgeted specifically, the various water fund line-items can easily cover this expenditure in the FY 25 budget without a budget amendment. Recommendation Staff recommends approval of the change order to the engineering agreement with EEI covering WIFIA application services. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: October 10, 2024 Subject: WIFIA application – engineering change order 1 Bart Olson From:Brad Sanderson <bsanderson@eeiweb.com> Sent:Wednesday, October 9, 2024 7:17 AM To:Bart Olson Cc:Jori Behland; Monica Cisija; Erin Willrett; Eric Dhuse; Rob Fredrickson; Christopher Walton; Emily Conti; Debbie Anderson Subject:10/15 PW Committee Meeting Attachments:24.10.08_YO2341-P - WIFIA Application Due Diligence Contract Amendment.pdf Good morning Bart, Here are the materials for the WIFIA Application Change Order. Basically, the previously approved agreement was for the completion of the application and it did not include the due diligence portion and the bi‐weekly meetings being suggested by WIFIA to keep the project moving. The change order is suggested to be hourly to cover anticipated time from EEI and Stantec. Let us know if you have any questions. Thanks. BRADLEY P. SANDERSON , PE Chief Operating Officer / President bsanderson@eeiweb.com Direct: 630.466.6720 / Cell: 630.816.0957 / Main: 630.466.6700 52 Wheeler Rd , Sugar Grove , IL 60554 eeiweb.com This message may contain confidential information and is intended only for the original recipient. The views or opinions presented in this message are solely those of the sender and do not necessarily represent those of the company, unless specifically stated. If you are not the intended recipient you should not disseminate, distribute or copy this message. If verification is required please request a hard‐copy version. Engineering Enterprises, Incorporated 52 Wheeler Road, Sugar Grove, IL., 60554 Warning: This message was scanned for viruses, vandals and malicious content. However, we cannot guarantee that the integrity of this e‐mail has been maintained in transmission and do not accept responsibility for the consequences of any virus contamination. To: Bart Olson Change Order Number: 1 City Administrator Change Order Date: 10/8/24 United City of Yorkville 651 Prairie Pointe Drive Project Name: Lake Michigan – WIFIA Loan Application Yorkville, IL 60560 Project Number: YO2341-P Description of Work / Scope Change / Reason for Change The City has submitted a WIFIA Loan Application for various projects required to bring Lake Michigan water to their community, and additional scope items have been identified by EPA as necessary to complete the technical and environmental due diligence process for the WIFIA loan. Additional scope items required for this work are identified in Attachment B. This additional scope requires additional engineering fees and subconsultant fees. Please find attached a level of effort (Attachment C). The amounts are summarized below: Additional EEI Expenses (Hourly NTE)= $ 29,400.00 Additional Subconsultant Expenses = $ 27,600.00 Total Value of Change (Amount) = $ 57,000.00 Original Contract Sum $ 84,066.00 Net change by previous authorized Change Orders $ 0.00 Contract Sum prior to the Change Order $ 84,066.00 Sum of this Change Order $ 57,000.00 New Contract Sum $ 141,066.00 Authorized by: Authorized by Owner/Client/Agent: Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, IL 60554 By:_____________________________ By:____________________________ Date:___________________________ Date:___________________________ CHANGE ORDER UNITED CITY OF YORKVILLE LAKE MICHIGAN – WIFIA LOAN APPLICATION PAGE 1 Agreement for Professional Services Lake Michigan – WIFIA Loan Application CONTRACT AMENDMENT This Agreement, made this day of , 2024 by and between the United City of Yorkville, Kendall County, Illinois, a municipal corporation of the State of Illinois (hereinafter referred to as the “CITY”) and Engineering Enterprises, Inc. of 52 Wheeler Road, Sugar Grove, Illinois, 60554 (hereinafter referred to as the “ENGINEER”). In consideration of the mutual covenants and agreements contained in this Agreement, the CITY and the ENGINEER agree, covenant and bind themselves as follows: 1. Services: ENGINEER agrees to perform for the CITY the scope of services described in Attachment B. 2. Direction: The City Administrator or his written designee, shall act as the CITY’S representative with respect to the Services to be provided by the ENGINEER under this Agreement and shall transmit instructions and receive information with respect to the Consulting Engineering Services. 3. Compensation: The work items, estimated staff time, and projected fees for each work item are summarized within Attachment C. Based on this computation, the CITY agrees to pay the ENGINEER for providing the Services set forth herein on a time and material basis for actual expenses incurred, which shall be hourly not to exceed in the amount of $57,000. 4. Term: The term of this Agreement shall be active through May 31, 2024, unless otherwise extended through written confirmation by both parties. It is anticipated that this work will be complete within eight (8) months of notice to proceed. 5. Payment: Engineer shall invoice the CITY on a monthly basis for Services performed and any costs and expenses incurred during the previous thirty (30) day period. The CITY shall pay the ENGINEER within thirty (30) days of receipt of said invoice. 6. Termination: This Agreement may be terminated 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 calculated as described in paragraph 3 for all costs incurred through the date of termination. 7. Documents: All related writings, notes, documents, information, files, etc., created, compiled, prepared and/or obtained by the ENGINEER on behalf of the CITY for the Services provided herein shall be used solely for the intended project. UNITED CITY OF YORKVILLE LAKE MICHIGAN – WIFIA LOAN APPLICATION PAGE 2 8. Notices: All notices given pursuant to this Agreement shall be sent Certified Mail, postage prepaid, to the parties at the following addresses: The CITY: The ENGINEER: United City of Yorkville Engineering Enterprises, Inc. 651 Prairie Pointe Drive 52 Wheeler Road Yorkville, IL 60560 Sugar Grove, IL 60554 Attn: Bart Olson Attn: Brad Sanderson, P.E. City Administrator 9. Waiver: The failure of either party hereto, at any time, to insist upon performance or observation of any term, covenant, agreement or condition contained herein shall not in any manner be constructed as a waiver of any right to enforce any term, covenant, agreement or condition hereto contained. 10. Amendment: No purported oral amendment, change or alteration hereto shall be allowed. Any amendment hereto shall be in writing by the governing body of the CITY and signed by the ENGINEER. 11. Succession: This Agreement shall ensure to the benefit of the parties hereto, their heirs, successors and assigns. IN WITNESS WHEREOF, we have hereunto signed our names the day and year first above written. UNITED CITY OF YORKVILLE: ENGINEERING ENTERPRISES, INC.: ________________ ____________ ________________________________ John Purcell Brad Sanderson, PE Mayor Chief Operating Officer / President ATTEST: ATTEST: ____________________________ ________________________________ Jori Behland Angie Smith City Clerk Executive Assistant UNITED CITY OF YORKVILLE LAKE MICHIGAN – WIFIA LOAN APPLICATION PAGE 1 Lake Michigan – WIFIA Loan Application United City of Yorkville, IL Professional Services Agreement CONTRACT AMENDMENT Attachment B – Scope of Services Introduction: The United City of Yorkville (City), along with its Waterlink partners (Villages of Montgomery and Oswego), have selected Lake Michigan as their long -term sustainable water source and intend to connect to the DuPage Water Commission (DWC). The City has identified the USEPA WIFIA program as a viable option for project financing . The City has submitted a WIFIA loan application for various projects required to bring Lake Michigan water to their community, and additional items remain to complete the technical and environmental due diligence process for the WIFIA loan. The proposed additional work items for this project are as follows: WIFIA LOAN TECHNICAL AND ENVIRONMENTAL DUE DILIGENCE SUPPORT: 1.1 Project Administration and Management 1.2 Meetings with City and EPA • Bi-weekly meetings with EPA and City throughout the duration of the Due Diligence Process (assumed through July 2025). • Coordination of the Project Team, Communications and Meetings with City Staff, and Other Consultants and Monitoring Schedule and Budget. 1.3 Coordination with EPA and Agencies on Application Due Diligence • Gather additional project information to provide to the EPA and respond to RFI requests. • Assist City and City’s municipal financial advisor in responding to EPA’s financial questions. • Develop templates and frameworks to organize information, communicate and meet with City staff including project managers to confirm available information, and present information to the EPA in agreed upon deadlines. Stantec Consulting Services, Inc. will continue to be a subconsultant to EEI for the scope items identified herein and as noted on Attachment C: Estimate of Level of Effort and Associated Cost. Their contract amendment proposal is also included in this PSA package for reference. Additional Comments – Items Excluded ➢ Additional meetings beyond those identified in the above scope, including meetings beyond the estimated completion date. The above scope summarizes the additional work items that will be completed for this contract amendment. Any further additional work items 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 YO2341-P PROJECT TITLE DATE PREPARED BY Lake Michigan-WIFIA Loan Application - Contract Amendment ROLE PIC SPM PM PE RATE $246 $234 $210 $168 WIFIA LOAN TECHNICAL AND ENVIRONMENTAL DUE DILIGENCE SUPPORT 1.1 Project Administration and Management 12 12 2,520$ 1.2 Meetings with City and EPA 24 40 64 11,760$ 1.3 Coordination with EPA, Other Agencies, and City on Application Due Diligence 24 60 84 15,120$ WIFIA Loan Technical and Environmental Due Diligence Support Subtotal:- - 60 100 - - - - - 160 29,400$ - - 60 100 - - - - - 160 29,400 Notes 1. Assumes biweekly meetings (and prep) from September 2024 through July 2025.LABOR SUMMARY EEI Labor Expenses = 29,400$ TOTAL LABOR EXPENSES 29,400$ DIRECT EXPENSES Printing/Scanning = -$ Mileage = -$ DIRECT EXPENSES =-$ SUBCONSULTANT EXPENSES Stantec (WIFIA Due Diligence Support) = 27,600$ SUBCONSULTANT EXPENSES =27,600$ CONTRACT AMENDMENT TOTAL COSTS 57,000$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com PROJECT TOTAL: 10/8/24 EMC, CRW TASK NO.TASK DESCRIPTION HOURS COST UNITED CITY OF YORKVILLE LAKE MICHIGAN-WIFIA LOAN APPLICATION Agreement for Professional Services Lake Michigan— WIFIA Loan Application This Agreement, made this 01-9 day ofIVrlbe( , 2023 by and between the United City of Yorkville, Kendall County, Illinois, a municipal corporation of the State of Illinois hereinafter referred to as the "CITY") and Engineering Enterprises, Inc. of 52 Wheeler Road, Sugar Grove, Illinois, 60554 (hereinafter referred to as the "ENGINEER"). In consideration of the mutual covenants and agreements contained in this Agreement, the CITY and the ENGINEER agree, covenant and bind themselves as follows: 1. Services: ENGINEER agrees to perform for the CITY the scope of services described in Attachment B. 2. Direction: The City Administrator or his written designee, shall act as the CITY'S representative with respect to the Services to be provided by the ENGINEER under this Agreement and shall transmit instructions and receive information with respect to the Consulting Engineering Services. 3. Compensation: The work items, estimated staff time, and projected fees for each work item are summarized within Attachment C. Based on this computation, the CITY agrees to pay the ENGINEER for providing the Services set forth herein a fixed fee amount of 84,066. 4. Term: The term of this Agreement shall be active through May 31, 2024, unless otherwise extended through written confirmation by both parties. It is anticipated that this work will be complete within eight (8) months of notice to proceed. 5. Payment: Engineer shall invoice the CITY on a monthly basis for Services performed and any costs and expenses incurred during the previous thirty (30) day period. The CITY shall pay the ENGINEER within thirty (30) days of receipt of said invoice. 6. Termination: This Agreement may be terminated 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 calculated as described in paragraph 3 for all costs incurred through the date of termination. 7. Documents: All related writings, notes, documents, information, files, etc., created, compiled, prepared and/or obtained by the ENGINEER on behalf of the CITY for the Services provided herein shall be used solely for the intended project. 8. Notices: All notices given pursuant to this Agreement shall be sent Certified Mail, postage prepaid, to the parties at the following addresses: 411 PAGE 1 UNITED CITY OF YORKVILLE LAKE MICHIGAN-WIFIA LOAN APPLICATION The CITY: The ENGINEER: United City of Yorkville Engineering Enterprises, Inc. 651 Prairie Pointe Drive 52 Wheeler Road Yorkville, IL 60560 Sugar Grove, IL 60554 Attn: Bart Olson Attn: Brad Sanderson, P.E. City Administrator 9. Waiver: The failure of either party hereto, at any time, to insist upon performance or observation of any term, covenant, agreement or condition contained herein shall not in any manner be constructed as a waiver of any right to enforce any term, covenant, agreement or condition hereto contained. 10. Amendment: No purported oral amendment, change or alteration hereto shall be allowed. Any amendment hereto shall be in writing by the governing body of the CITY and signed by the ENGINEER. 11. Succession: This Agreement shall ensure to the benefit of the parties hereto, their heirs, successors and assigns. IN WITNESS WHEREOF, we have hereunto signed our names the day and year first above written. UNITED CI OF YORKVILLE:ENGINEERING ENTERPRIS John Purcell Brad Sanderson, PE Mayor Chief Operating Officer/ President ATTEST: ATTEST: Aylf19f.,A Jori Beh and Angie Smith City Clerk Executive Assistant PAGE 2 ENGINEERING ENTERPRISES, INC.JUNE 2023 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 circumstancesinthesamelocality. ENGINEER makes no other warranties,express or implied,written or oral under this Agreement or otherwise,inconnectionwithENGINEER'S service. Construction Engineering and Inspection: The ENGINEER shall not supervise, direct, control, or have authority over anycontractorwork, 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 thesite, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performingofitswork. The ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for contractor's failure to furnishandperformtheworkinaccordancewiththecontractdocuments. 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 ofassessingifuponinstallationorincorporationintheprojectworktheyaregenerallyconsistentwiththeconstructiondocuments. 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. TheENGINEER'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 contractorandOWNERforthemtoaddress. 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 opinionofprobableconstructioncosts. Copies of Documents&Electronic Compatibility: Copies of Documents that may be relied upon by OWNER are limited to theprintedcopies(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 orinformationobtainedorderivedfromsuchelectronicfileswillbeattheuser'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 fromtheuseofsoftwareapplicationpackages, operating systems, or computer hardware differing from those used by ENGINEER at thebeginningoftheproject. Changed Conditions: If,during the term of this Agreement,circumstances or conditions that were not originally contemplated by orknowntotheENGINEERarerevealed, 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 terminationprovisionhereof. 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 forconsequentialoranyotherdamages, 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 theHazardousCondition;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,neithertheOWNERnortheENGINEER,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 totheProjectortothisAgreement.This mutual waiver of consequential damages shall include,but is not limited to, loss of use, loss of PAGE 1 ENGINEERING ENTERPRISES, INC.JUNE 2023 profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have incurredfromanycauseofactionincludingnegligence, strict liability, breach of contract, and breach of strict or implied warranty. Both theOWNERandtheENGINEERshallrequiresimilarwaiversofconsequentialdamagesprotectingalltheentitiesorpersonsnamedhereininallcontractsandsubcontractswithothersinvolvedinthisproject. 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 ProfessionalServicesAgreementforallcostsincurredthroughthedateoftermination. Either party may terminate this Agreement for cause upon giving the other party not less than seven(7)calendar days'written noticeforthefollowingreasons: 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 beingperformedsolelyandexclusivelyfortheOWNER'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 carryouttheintentofthisprovision. 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 affectedbysuchforcemajeurealsoshallnotifytheotherpartyoftheanticipateddurationofsuchforcemajeure, 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 actofGod, 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 andbindingontheparties. 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 anassignmentforpurposesofthisAgreement. 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 eitherpartytotheotherparty. 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. PAGE 2 UNITED CITY OF YORKVILLE LAKE MICHIGAN-WIFIA LOAN APPLICATION Lake Michigan - WIFIA Loan Application United City of Yorkville, IL Professional Services Agreement Attachment B- Scope of Services Introduction: The United City of Yorkville (City), along with its Waterlink partners (Villages of Montgomery andOswego), have selected Lake Michigan as their long-term sustainable water source and intend to connect to the DuPage Water Commission (DWC). The City has identified the USEPA WIFIA program as a viable option for project financing. The City is planning to submit WIFIA loan application for various projects required to bring Lake Michigan water to their community. The proposed work items for this project are as follows: WIFIA LOAN APPLICATION SUPPORT 1.1 Project Administration and Management 1.2 WIFIA Loan Application Development Gather and review all available, current, and pertinent project information. Review all sections of the WIFIA Application for consistent and comprehensive presentation of the project (or program of projects). The consultant team will provide recommendations to the City on including information to improve sections of the Application and expedite the EPA Due Diligence process. Prepare the Programmatic Environmental Assessment Questionnaire. Revise the Application according to direction from the City and support the timelysubmissionofthecompletedApplication. Deliverable: Completed WIFIA Loan Application. 1.3 Financial Analysis Work with City Staff to update the Pro Forma developed for the WIFIA Letter of Interest. Includes additional scenario analyses. Coordination with the City's Financial Advisor. Provide support on related sections of the WIFIA Loan Application. Deliverables Include: o Pro Forma to support the WIFIA Application projecting: Revenues and associated rate increases Operations and Maintenance Costs Capital Costs Debt Service Key Performance Indicators (debt service coverage, days cash on hand) Fund Balances Escalation o Technical memoranda (approximately 5 pages with assumptions workbook). Technical memoranda will include a calendar of funding and financing activities and needs. it, PAGE 1 UNITED CITY OF YORKVILLE LAKE MICHIGAN-WIFIA LOAN APPLICATION 1.4 Coordination and Meetings with City, Agencies, Waterlink Partners and Stantec throughout the loan application process. Stantec Consulting Services, Inc. will be a subconsultant to EEI for the scope items identified hereinandasnotedonAttachmentC: Estimate of Level of Effort and Associated Cost. Their proposal isalsoincludedinthisPSApackageforreference. The above scope summarizes the work items that will be completed for this contract. Additional work items shall be considered outside the scope of the base contract and will be billed in accordance with the Standard Schedule of Charges. II it PAGE 2 e CO CO tel e m o 0 to a Co 4 0 e / r \ / . CO CO m _ CA- m _ EA- EA CA ( A _ _ _ _ G 2 0 CO u• g 0 C \ Z / Z 2 2 t w \ uLCXnL 0 c }E g 2 5 § < 2 m z o q z H k j r w w ƒ M Cl) L 0 g \ m u)0 2 j 0 0C 0 C) Co I 0) ' © 2 $ N ° 3 § 2 oEA- C CDm CO 00 CO C..) a O CD CO o C. ID}- cocou \ 5 CO I- 2 u) i_ c 0 Cr I k $ W 0 1 m ce CO 0 o u ® om w 0 < CCO. E0 > - 02 0 e } 0 a <k 0 kz a2k 2 E a H 2 / % w j ) P = 3 2 = d 0 . 5 # 7 k L o w } R g / { w g 0 / g o_ 2 2 a@ 6 I s om z• W c \ ] 8 - Co u 005zo 2 ® i I- 5 - m a / CL z Lww & k g Engineering Enterprises, Inc. ATTACHMENT D 41 STANDARD SCHEDULE OF CHARGES—JANUARY 1, 2023 EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 239.00 Principal E-3 234.00 Senior Project Manager E-2 227.00 Project Manager E-1 204.00 Senior Project Engineer/Surveyor II P-6 192.00 Senior Project Engineer/Surveyor I P-5 179.00 Project Engineer/Surveyor P-4 162.00 Senior Engineer/Surveyor P-3 149.00 Engineer/Surveyor P-2 135.00 Associate Engineer/Surveyor P-1 122.00 Senior Project Technician II T-6 167.00 Senior Project Technician I T-5 156.00 Project Technician T-4 146.00 Senior Technician T-3 135.00 Technician T-2 122.00 Associate Technician T-1 107.00 GIS Technician II G-2 119.00 GIS Technician I G-1 110.00 Engineering/Land Surveying Intern I-1 79.00 Executive Administrative Assistant A-4 75.00 Administrative Assistant A-3 70.00 VEHICLES. REPROGRAPHICS, DIRECT COSTS, DRONE AND EXPERT TESTIMONY Vehicle for Construction Observation 15.00 In-House Scanning and Reproduction 0.25/Sq. Ft. (Black & White) 1.00/Sq. Ft. (Color) Reimbursable Expenses (Direct Costs) Cost Services by Others (Direct Costs) Cost + 10% Unmanned Aircraft System / Unmanned Aerial Vehicle / Drone 216.00 Expert Testimony 271.00 52 Wheeler Road • Sugar Grove, IL 60554 • Tel:630.466.6700 • Fax: 630.466.6701 • www.eeiweb.com Stantec Consulting Services Inc. 350 North Orleans Street,Suite 1301 Stantec Chicago IL 60654-1983 September 19, 2023 Project/File: City of Yorkville WIFIA Application Jeffrey Freeman 52 Wheeler Rd. Sugar Grove, IL 60554 Dear Jeff Freeman, Reference: City of Yorkville WIFIA Application Stantec Consulting Services Inc. is pleased to submit a proposal to Engineering Enterprises, Inc. (EEI) to provided funding support services for the WIFIA Application for the City of Yorkville, Illinois alternative water source project. WIFIA Application Stantec will perform the services as described below to support EEI's request. Task 1 —WIFIA Application As requested, Stantec will lead the development, submittal, and coordination with WIFIA staff for the WIFIA Application with support from EEI and the City. As needed funding support services may consist of, but not limited to: Gather and review all available, current, and pertinent project information. Application development in coordination with the City, Montgomery and Oswego. Review all sections of the WIFIA Application for consistent and comprehensive presentation of the project(or program of projects). The Consultant will provide recommendations to the City on including information to improve sections of the Application and expedite the EPA Due Diligence process. Revise the Application according to direction from the City and support the timely submission of the completed Application. As necessary, the Consultant will schedule, coordinate, and facilitate meetings with the City, legal counsel, and other Consultants to achieve desired consistency. This scope assumes EEI will be developing the Programmatic Environmental Assessment Questionnaire of the application. Anticipated schedule for this task is 8 months after Notice to Proceed. Task 1 - Deliverables Design with community in mind September 19,2023 Jeffrey Freeman Page 2 of 4 Reference: City of Yorkville WIFIA Application 1. WIFIA Application Package Task 2 — Financial Analysis To support Task 1, Stantec, in coordination with the City's Finance Department, will update the Pro Forma developed for the WIFIA Letter of Interest. Services will include: Additional scenario analyses. Coordination with the City's Financial Advisor. Update the Pro Forma. Provide support on related sections of the Application. Anticipated schedule for this task is 8 months after Notice to Proceed. Task 1 - Deliverables 1. Pro Forma to support the WIFIA Application projecting: o Revenues and associated rate increases o Operations and Maintenance Costs o Capital Costs o Debt Service o Key Performance Indicators (debt service coverage, days cash on hand) o Fund Balances o Escalation 2. Technical memoranda (approximately 5 pages with assumptions workbook). Technical memoranda will include a calendar of funding and financing activities and needs. Basis for Compensation Table 1 summarizes Stantec's estimate level of effort and fee for performing these services. Compensation will be based on Time and Materials. Total compensation for these services will not exceed $49,930.00 without prior written approval from EEI. Design with community in mind September 19,2023 Jeffrey Freeman Page 3 of 4 Reference: City of Yorkville WIFIA Application Table 1 - Estimated Level of Effort and Fee Task Labor Labor Direct Total Hours Billings Cost Billings Billings Task 1 — WIFIA Application 176 27,878.50 $100.00 $27,978.50 Task 2—Financial Analysis 138 $21,951.50 $0.00 $21,951.50 Total All Tasks 314 49,830.00 $100.00 $49,930.00 Total Labor Billings 49,830.00 Reimbursable Direct Costs 100.00 Total Fee 49,930.00 Thank you for this opportunity to be of assistance to EEI. Please indicate your acceptance of this proposal and the attached terms and conditions by signing this letter proposal in the space below and return one fully executed copy to my attention. Should you have any questions regarding this proposal, please feel to contact me. Sincerely, STANTEC CONSULTING SERVICES INC. Tonya Wells PE,CFM Principal, Project Manager Phone: (312)262-2220 Mobile:773-718-6578 tonya.wells@stantec.com Attachment:Attachment 1 Professional Services Terms and Conditions Design with community in mind September 19,2023 Jeffrey Freeman Page4of4 Reference: City of Yorkville WIFIA Application By signing this proposal, Engineering Enterprises; Inc.authorizes Stantec to proceed with the services herein described and the Client acknowledges that it has read and agrees to be bound by the attached Professional Services Terms and Conditions. This proposal is accepted and agreed on the of Per: Design with community in mind Attachment 1 Design with community in mind Stantec PROFESSIONAL SERVICES TERMS AND CONDITIONS Page 1 of 2 The following Terms and Conditions are attached to and form part of a proposal for services to be performed by Consultant and together, when the Client authorizes Consultant to proceed with the services,constitute the Agreement. Consultant means the Stantec entity issuing the Proposal. DESCRIPTION OF WORK Consultant shall renderthe services described in the Proposal(hereinafter called the"Services")to the Client TERMS AND CONDITIONS: No terms,conditions,understandings,or agreements purporting to modify or vary these Terms and Conditions shall be binding unless hereafter made in writing and signed bythe Client and Consultant. In the event of any conflict between the Proposal and these Terms and Conditions,these Terms and Conditions shall take precedence. This Agreement supercedes all previous agreements,arrangements or understandings between the parties whether written or oral in connection with or i nd den tal to the Project. COMPENSATION: Payment is due to Consultant upon receipt of invoice. Failure to make any payment when due is a material breach of this Agreement and will entitle Consultant,at its option,to suspend or terminate this Agreement and the provision of the Services. Interest will accrue on accounts overdue by 30 days at the lesser of 1.5 percent per month(18 percentper annum)orthe maximum legal rate of interest.Unless otherwise noted,the fees in this agreement do not include any value added,sales,or other taxes th at may be applied by Government on fees for services.Such taxes will be added to all invoices as required. The Client will make payment by Electronic Funds Transfer when requested by Consultant. NOTICES: Each party shall designate a representative who is authorized to act on behalf of that party.All notices,consents,and approvals required to be given hereunder shall be in writing and shall be given to the representatives of each party. TERMINATION: Either party may terminate the Agreement without cause upon th irty(30)days notice in writing.If either party breaches the Agreement and fails to remedy such breach within seven(7)days of notice to do so by the non-defaulting party,the non-defaulting party may immediately terminate the Agreement.Non-payment by the Client of Consultant's invoices within 30 days of Consultant rendering same is agreed to constitute a material breach and, upon written notice as prescribed above,the duties,obligations and responsibilities of Consultant are terminated.On termination by either p arty,the Client shall forthwith pay Consultant all fees and charges for the Services provided to the effective date of termination. ENVIRONMENTAL: Except as specifically described in this Agreement, Consultant's field investigation, laboratory testing and engineering recommendations will not address o revaluate pollution of soil or pollution of groundwater.Consultant is entitled to rely upon information provided by the Client,its consultants,and third-party sources provided such third party is,in Consultant's opinion,a reasonable source for such information,relating to subterranean structures or utilities.The Client releases Consultant from any liability and agrees to defend, indemnify and hold Consultant harmless from any and all claims,damages,losses and/or expenses,direct and indirect,or consequential damages relatingto subterranean structures orutilitieswhich are notcorrectly identified in such information. PROFESSIONAL RESPONSIBILITY: In performing the Services,Consultant will provide and exercise the standard of care,skill and diligence required by customarily accepted professional practices normally provided in the performance of the Services at the time and the location in which the Services were performed. INDEMNITY: The Client releases Consultant from any liability and agrees to defend,indemnifyand hold Consultant h armless from aiy and all claims,damages,losses,and/or expenses,direct and indirect,or consequential damages,induding but not limited to attomey's fees and charges and court and arbitration costs,arising out of,or claimed to arise out of,the performance of the Services,excepting liability arising from the sole negligence of Consultant. LIMITATION OF LIABILITY: It is agreed that,to the fullest extent possible under the applicable law,the total amount of all claims the Client may have against Consultant un derth is Agreement,induding but not limited to claims for negligence,negligent misrepresentation and/orbreach of contract,shall be strictly limited to the lesserof professional fees paid to Consultant forthe Services or$50,000.00. No claim may be brought against Consultant more than two (2)years after the cause of action arose. As the Client's sole and exclusive remedy under this Ag reement an y claim,demand or suit shall be directed and/or asserted only against Consultant and not against any of Consultant's employees,officers or directors. Consultant's liabilitywith respect to any claims arising out of this Agreement shall be absolutely limited to direct damages arising out of the Services and Consultant shall bear no liability whatsoever foran y consequential loss,injury o rd amage incurred by the Client,including but not limited to claims for loss of use,loss of profits and/or loss of markets. In no event shall Consultant's obligation to pay damages ofany kind exceed its proportionate share of I iabil ityfo r causing such damages. DOCUMENTS: All of the documents prepared by or on behalf of Consultant in connection with the Project are instruments of service for the execution of the Project. Consultant retains the property and copyright in these documents,whether the Project is executed or not These documents may not be used for any other purpose without the prior written consent of Consultant. In the event Consultant's documents are subsequently reused or modified in any material respect without the prior consent of Consultant,the Client agrees to defend, hold harmless and indemnify Consultant from any claims advanced on account of said reuse or modification. Any document produced by Consultant in relation to the Services is intended for the sole use of Client.The documents may not be relied upon by any other p arty wi thout the express written consent of Consultant,which may be withheld at Consultant's discretion.Any such con sent will provide no greater rights to the third party than those held by the Client underth a contract and will only be authorized p uisuant to the conditions of Consultant's standard form reliance letter. Consultant cannot guarantee the authenticity,integrity or completeness of data files supplied in electronic format("Electronic Files").Client shall release,indemnify and hold Consultant,its officers,employees,Consultant's and agents harmless from any claims or damages arising from the use of Electronic Files. Electronic files will not contain stamps orseals,remain the p roperty of Consultant,are not to be used for any purpose otherthan that for which they were transmitted,and are notto be retransmitted to a third party without Consultant's written consent. Professonal Services Terms and Conddons on StanNet Forms>Company Forns>Rsk Management>Standard Form Agreements Stantec PROFESSIONAL SERVICES TERMS AND CONDITIONS Page 2 of 2 FIELD SERVICES: Consultant shall not be responsible for construction means,methods,techniques,sequences or procedures,orfor safety precautions and programs in connection with work o n the Project,and shall not be responsible for any contractor's failure to carry out the work in accordance with the contract documents. Consultant shall not be responsible for the acts or omissions of any contractor, subcontractor,any of thei r agents or employees,or any other persons performing any of the work in connection with the Project.Constilait shall not be the prime contractor or similar under any occupational health and safety legislation. GOVERNING LAW/COMPLIANCE WITH LAWS: The Agreement shall be governed,construed and enforced in accordance with the laws of the jurisdiction in which the majority of the Services are performed.Consultant shall observe and comply with all applicable laws, continue to provide equal employment opportunity to all qualified persons,and to recruit,hire,train,promote and compensate persons in all jobs without regard to race,color,religion,sex,age,disabilityornational origin or any other basis prohibited by applicable laws. DISPUTE RESOLUTION: If requested in writing by eitherthe Client or Consultant,the Client and Consultant shall attempt to resolve my dispute between them arising out of or in connection with this Agreement by entering into structured non-binding negotiations with the assistance of a mediatoron a without prejudice basis. The mediator shall be appointed by agreement of the parties. The Parties agree that any actions under this Agreement will be brought in the appropriate court in the jurisdicti on of the Governing Law,or elsewhere by mutual agreement.Nothing herein however prevents Consultant from any exercising statutory lien rights or remedies in accordance with legislation where the project site is located. ASSIGNMENT: The Client shall not,without the prior written consent of Consultant,assign the benefit or in any way transfer the obligations under these Terms and Conditions or any part hereof. SEVERABILITY: If any term,condition or covenant of the Agreement is held by a court of competent jurisdiction to be invalid,void,or unenforceable,the remaining provisions of the Agreement shall be binding on the Client and Consultant. FORCE MAJEURE: Any default in the performance of this Agreement caused by any of the following events and without fault or negligence on the part of the defaulting party shall not constitute a breach of contract,labor strikes,riots,war,acts of governmental authorities,un usually severe weatherconditions o rothernatural catastrophe,disease,epidemic or pandemic,o ran y other cause beyond the reasonable control or contemplation of either party.Nothing herein relieves the Client of its obligation to payConsulta ntfor services rendered. COVID-19: The parties acknowledge the ongoing COVID-19 pandemic and agree that the fee and schedule in the proposal is based on what is currently understood.Where conditions change,the parties may have further discussions to manage and mitigate the im pact of this evolving situation on the Project. CONTRA PROFERENTEM:The parties agree that in the event this Ag reement is subject to interpretation or construction by a third party, such third party shall not construe this Agreement or any part of it against either party as the drafter of this Agreement. BUSINESS PRACTICES:Each Party shall comply with all applicable laws,contractual requirements and mandatory or best practice guidance regarding improper or illegal payments,gifts,or gratuities,and will not pay,promise to pay or authorize the payment of any money or anything of value,directly or indirectly,to any person(whether a government official or private individual)or entityforthe pupose or illegally or improperly inducing a decision or obtaining or retaining business in connection with this Agreement or the Services. FLORIDA CONTRACTS: PURSUANT TO FLORIDA STATUTES CHAPTER 558.0035 AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE. Professional Services Terns and Condtens on StanNet Forms>CompanyForms>Rsk Management>Standard Form Agreements 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 2024-92 Meeting Schedule for 2025 Public Works Committee – October 15, 2024 Majority Approval Proposed meeting schedule for 2025. Jori Behland Administration Name Department Summary Proposed 2025 meeting schedule for the Public Works Committee. Meeting Schedule for 2025 Listed below are the proposed meeting dates for the Public Works Committee meeting for 2025. The proposed schedule has the committee continuing to meet on the third Tuesday of the month at 6:00 p.m.  January 21, 2025  February 18, 2025  March 18, 2025  April 15, 2025  May 20, 2025  June 17, 2025  July 15, 2025  August 19, 2025  September 16, 2025  October 21, 2025  November 18, 2025  December 16, 2025 Recommendation Staff recommends a review of the proposed meeting dates and time so that a meeting schedule can be finalized for 2025. Memorandum To: Public Works Committee From: Jori Behland, City Clerk CC: Bart Olson, City Administrator Date: October 4, 2024 Subject: Public Works Committee Meeting Schedule for 2025 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 2024-93 Grace Holistic Parking – Garden Street Public Works Committee – October 15, 2024 None Informational A discussion will take place. Bart Olson Administration Name Department