Resolution 2025-035Resolution No. 2025-35
A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS APPROVING A CONTRACT FOR ACOUSTIC CONSULTING SERVICES
(Pioneer Development, LLC & Prologis, L.P)
WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly
existing non home -rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and
WHEREAS, the City's Code of Ordinances provides that the City may approve contracts
over $25,000 that have not been competitively bid by a two-thirds affirmative vote of the City
Council; and
WHEREAS, Pioneer Development, LLC ("Pioneer"), submitted a proposal to the City to
develop approximately 1,037 acres at the northwest corner of Galena Road and Bridge Street (the
"Pioneer Development Site") for the purpose of developing a secured data center campus with
fourteen (14) buildings, two (2) electric substation, and associated stormwater detention basins
(collectively, the "Pioneer Project"); and
WHEREAS, Prologis, L.P. ("Prologis"), submitted a proposal to the City to develop
approximately 540 acres at the southeast corner of Galena and Eldamain Roads (the "Prologis
Development Site") for the purpose of developing a secured data center campus with twenty-four
(24) buildings, three (3) electric substation, and associated stormwater detention basins
(collectively, the "Prologis Project"); and
WHEREAS, the size and nature of both the Pioneer Project and the Prologic Project will
each require the City to consider noise mitigation and noise control for the Prologis Development
Site and the Pioneer Development Site (the "Sound Study"); and
WHEREAS, Prologis has agreed to bear the cost of any acoustic consulting services
Resolution No. 2025-35
Page 1
related to the Prologis Project, and Pioneer has agreed to bear the cost of any acoustic consulting
services related to the Pioneer Project; and
WHEREAS, the City has successfully contracted with Soundscape Consulting, LLC
("Soundscape"), for similar projects in the past; and
WHEREAS, Soundscape has provided a Scope of Services and Fee Proposal to the City,
attached hereto as Exhibit A, with an estimated consulting fee for the Prologis Project in the amount
of $24,500.00 and an estimated consulting fee for the Pioneer Project in the amount of $32,500.00
(collectively, the "Project Cost"); and
WHEREAS, it has been recommended to the Corporate Authorities that the contract with
Soundscape be approved, contingent upon receipt of funds from Prologis and Pioneer to pay the
Project Cost; and
WHEREAS, the Mayor and City Council have determined that it is in the best interests of
the health and safety of the City and its residents to waive the competitive bidding requirement
and to authorize and approve a contract with Soundscape, in an amount not to exceed $57,000, in
accordance with the provisions of the Scope of Services and Fee Proposal.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois:
Section 1: The foregoing recitals are hereby incorporated in this Resolution as the findings
of the Corporate Authorities.
Section 2: The Corporate Authorities hereby waive the competitive bidding
requirement pursuant to the City's Code of Ordinances, and approve the Scope of Services and
Fee Proposal to provide acoustical consulting services for Project Steel and Project Cardinal
Data Centers, Yorkville, Illinois in an amount not to exceed a combined $57,000, contingent on
Resolution No. 2025-35
Page 2
receipt of adequate funds from Prologis and Pioneer to pay the Project Cost.
Section 3: That this resolution shall be in full force and effect from and after its
passage and approval according to law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois
this 251h day of March, A.D. 2025,
CI Y CLERK
KEN KOCH
AYE
DAN TRANSIER
AYE
ARDEN JOE PLOCHER
AYE
CRAIG SOLING
AYE
CHRIS FUNKHOUSER
AYE
MATT MAREK
AYE
SEAVER TARULIS
AYE
RUSTY CORNEILS
AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this ��&'F day of , A.D. 2025.
Attest:
C CLERK
Resolution No. 2025-35
Page 3
Soundscape Eng'mer'ing
Pract%oatsolutWvLr- from ProfesstooPLEwgzweers
March 20, 2025
Ms. Krysti J. Barksdale Noble, AICP
Community Development Director
(630) 553-8573 T
(630) 742-7808 M
knoble @yorkville.il.us
United City of Yorkville
651 Prairie Pointe Drive
Yorkville, IL 60560
Subject: Scope of Services and Fee Proposal to provide acoustical consulting services for
Project Steel and Project Cardinal Data Centers, Yorkville, Illinois
Dear Krysti:
Thank you for contacting Soundscape Engineering to request this proposal. We look forward to the
possibility of working with your office on this project. The scope of services described herein is based
upon the project materials sent in your March 18' email and our experience with similar projects.
Oualifications
Soundscape Engineering is an engineering firm that provides sound and vibration measurement,
assessment, and design consulting services. We do not sell any products or have affiliations with any
product manufacturers, allowing us to provide an unbiased service to our clients. Each of our Principal
Consultants is a licensed professional engineer and/or is Board Certified by the Institute of Noise Control
Engineering. We have provided engineering consulting to address noise and vibration issues for
numerous Environmental Noise projects.
Key Personnel
If we are appointed to the project, firm partner Nathan Sevener will be in responsible charge of the work
associated with this project. Mr. Sevener has 29 years of experience as an acoustic consultant and is a
Board -Certified Member of the Institute of Noise Control Engineering. He has conducted numerous
environmental noise impact assessments and has provided noise control consulting services for energy
centers and data centers. Other firm personnel will assist as needed to meet the project schedule.
Soundscape Consulting LLC
Michigan • Illinois Indiana • Virginia
(734) 418-8663 • (312) 436-0032 (317) 489-4151 • (703) 722-6633
www.5oundscapeEngineering.com
Scope of Services and Fee Proposal
SE Proposal 2880-25.0
Proiect Description
March 20, 2025
Page 2 of 8
The United City of Yorkville, IL, is in the process of reviewing two requests for data center
developments, Project Steel and Project Cardinal (Figure 1). The two proposed developments are located
within a few miles of the recently approved Cyrus One data center development. Nearby residential
developments are clouded in Figure 1, although some single-family homes are also located adjacent to the
project sites.
Project Steel is proposed to be developed on approximately 540 acres of primarily agricultural land in
unincorporated Kendall County. The subject property is located adjacent to City of Yorkville land and
Prologis proposes to annex the land into Yorkville and obtain approval for rezoning. Project Steel is
proposed to be developed in three phases, with seven (7) buildings in the first phase, nine (9) buildings in
the second phase, and eight (8) buildings in the third phase. Each data center building may contain up to
400,000 square feet of floor area, producing over 9 million square feet for the entire project.
Project Cardinal is a 1037-acre proposed development consisting of unincorporated county land and
residentially zoned land currently used for agricultural purposes. Pioneer Development proposes fourteen
(14) data center buildings, each up to 1,361,182 square feet of floor area, for a total of over 17 million
square feet.
Figure 1: Proposed Data Center Sites
Soundscape Consulting LLC
Michigan • Illinois Indiana • Virginia
(734) 418-8663 • (312) 436-0032 (317) 489-4151 • (703) 722-6633
www.SoundscapeEngineering.com
Scope of Services and Fee Proposal
SE Proposal 2880-25.0
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Figure 2: Project Steel Conceptual Site Plan
i
Figure 3: Project Cardinal Conceptual Site Plan
Soundscape Consulting 11.0
Michigan • Illinois Indiana • Virginia
(734) 418-8663 • (312) 436-0032 (317) 489-4151 • (703) 722-6633
www.SoundscapeEngineering.com
March 20, 2025
Page 3 of S
Scope of Services and Fee Proposal
SE Proposal 2880-25.0
Scope of Services
March 20, 2025
Page 4of8
You would like to engage Soundscape Engineering for acoustic consulting services in two tasks per
project:
Task 1 - Initial PUD Plan Review including general comments and recommendations regarding noise
mitigation and location of outdoor mechanical equipment.
Task 2 - Building Permit Review of Applicant's noise control design and analysis documentation.
Task 1— Initial PUD Plan Review:
1. Participate in a Zoom meeting with the Applicant, tentatively scheduled for April 10" or April
24th, 2025.
2. Review progress design drawings and assess the potential noise transmission to nearby properties
as applicable to the United City of Yorkville's Noise Ordinance.
3. Issue a report documenting our initial assessment and general recommendations.
4. Provide a reasonable amount of follow-up to discuss questions or comments regarding our report,
including one (1) virtuaI meeting.
Task 2 — Building Permit Review:
5. Review documents submitted for Building Permit.
a. It must be the responsibility of the Applicant to engage the services of an accredited
acoustic consultant to assist them with the noise control design. Noise control design is
not included in Soundscape Engineering's proposed Scope of services.
b. The applicant must submit drawings, noise mapping, equipment specifications including
sound power levels (in one-third octave bands), and all other documentation needed to
thoroughly describe and quantify the noise control design and demonstrate how the local
noise ordinances will be met.
b. Issue a report documenting our peer review of the building permit documents including the noise
control design and impact assessment provided by the Applicant's acoustic consultant.
7. Provide a reasonable amount of follow-up to discuss questions or comments regarding our report,
including one (1) virtual meeting.
Unless specifically stated otherwise above, all meetings are assumed to be virtual, using
Teams/Zoom/WebEx or similar.
Soundscape Consulting LLC
Michigan • Illinois Indiana • Virginia
(734) 418-8663 • (312) 436-0032 (317) 489-4151 • (703) 722-6633
www.SoundscapeEngineering.com
Scope of Services and Fee Proposal
SE Proposal 2880-25.0
Professional Services Fee
March 20, 2025
Page 5 of 8
Soundscape Engineering proposes to perform the Scope of Services on a time plus expenses fee basis.
The estimated fee and reimbursable expenses are provided, for each project and task, in the tables below.
Soundscape will notify Client prior to performing work that would result in the fee exceeding the
estimates and will not proceed with the work until written authorization to exceed the initial estimates has
been received from Client.
Project Steel Fee Table
Task or Project 'Reimbursable
Estimated Time
Estimated
Expenses
Project Steel Task i — Initial PUD Plan Review
$6,500
$0
Project Steel Task 2 — Building Permit Review
$10,000
$0
(Project Steel Phase 1)
Project Steel Task 2 — Building Permit Review
$4,000
$0
(Project Steel Phase 2)
Project Steel Task 2 — Building Permit Review
$4,000
$0
(Project Steel Phase 3)
Total
$24,500
$0
Project Cardinal Fee Table
Soundscape Consulting LLC
Michigan • Illinois Indiana • Virginia
(734) 418-8663 • (312) 436-0032 (317) 489-4151 • (703) 722-6633
www.SoundscapeEngineering.com
Scope of Services and Fee Proposal
SE Proposal 2880-25.0
2025 Rate Schedule
March 20, 2025
Page 6 of 8
Soundscape Engineering typically provides services for a fixed -fee plus reimbursable expenses, but when
appropriate can provide services for a time basis fee. Our charge -out rates for time basis fee projects are
shown in the table below.
Personnel
Principal Consultant
i
255.00
Principal Consultant (Expert Witness) t
425.00
Senior Consultant
220.00
Consultant
180.00
CAD Technician
125.00
Assistant Consultant
100.00
Clerical
100.00
Expert witness testimony, depositions and time attending hearings are charged at this rate.
Expenses may include airfare, mileage, lodging, meals, measurement equipment usage, printing, and
other expenses reasonably incurred in the process of performing the Scope -of -Services. Expenses are
passed on at cost (1.0 multiplier).
Soundscape Engineering LLC's hourly charge out rates are reviewed annually, typically in January, and,
at that time, may be increased without notice. Generally, the annual hourly rate increase is a nominal
amount to correspond with our estimate of increases in the cost of doing business and inflation in the
local or national economy.
Soundscape Consulting LLC
Michigan • Illinois Indiana • Virginia
(734) 418-8663 • (312) 436-0032 (317) 489-4151 • (703) 722-6633
www.Sou ndscapeEngineering.com
Scope of Services and Fee Proposal
SE Proposal 2880-25.0
Final Note
March 20, 2025
Page 7 of 8
Soundscape Engineering's standard Additional Terms and Conditions are considered applicable to this
proposal and have been appended to this letter. Please review them to confirm their acceptability.
If you have any questions regarding this proposal, please call or send an email. Otherwise, if this
proposal is acceptable, please sign in the location provided below and return to our office via email or
postal service; or if it is your standard practice, you may authorize us to proceed by issuing a purchase
order or subcontractor agreement referencing this proposal.
Thank you for contacting us and we look forward to working with you on this project.
Sincerely,
Soundscape Engineering
Per:
Nathan Sevener, INCE Bd. Cert.
Principal Consultant
nsevener(@SoundseppeEngincering.com_
(734) 418--8663 x100
Eric: Additional Terms and Conditions
Authorization to Proceed — Sign below to accept this contract, including all terms and conditions. Please return a
copy to us via email or mail.
Client (print entity name):Q
Client Address (if different _
than addressee on this proposal)
Approved by (print name)
Approved by (signature):
Date:
SO
-�!) -3 11 a5
Soundscape Consulting LLC
Michigan • Illinois Indiana • Virginia
(734) 418-8663 • (312) 436-0032 (317) 489-4151 • (703) 722-6633
www.SoundscapeEngineering.com
Scope of Services and Fee Proposal
SE Proposal 2880-25.0
Additional Terms and Conditions
March 20, 2025
Page 8 of 8
1. Soundscape Consulting LLC is domicile to the State of Michigan and registered with the Secretary of State in
Indiana, Illinois, and Virginia.
2. "Soundscape Engineering" is a registered trade name of Soundscape Consulting LLC. Any reference herein to
"Soundscape," "Soundscape Engineering," or "Soundscape Consulting' refers to Soundscape Consulting LLC.
3. For the local mailing address, contact Soundscape, or address purchase orders, payments, and mailings to Soundscape
Consulting LLC, 729 W. Ann Arbor Trl., Plymouth, MI 48170.
4. Offers are valid for 60 days from the date of proposal issue, unless notice of offer termination is provided by
Soundscape Engineering.
5. Fees are invoiced monthly. For f xed-fec basis contracts, the amount billed is based on the approximate percentage of
Soundscape's scope -of -services that has been completed. For time basis fee contracts, the amount billed is based on
the number of hours expended and our hourly rates.
6. Accounts are payable upon receipt of invoice. Interest of 1.5% per month will be charged on accounts overdue more
than 30 days. Accounts overdue more than 120 days may be sold to a collection agency.
7. Payments by credit card incur a 3.5% surcharge.
S. Where Soundscape is retained as a sub -consultant by a prime consultant (i.e., where the prime consultant signs the
acceptance copy of the Soundscape Engineering proposal) the prime consultant accepts full responsibility for timely
payment of Soundscape's invoices.
9. Where a fee retainer has been requested, that retainer shall be received before any work is undertaken on the project.
The retainer will be applied to the final invoice for the project.
10. Soundscape's hourly charge out rates are reviewed annually, typically in January, and, at that time, may be increased
without notice. Generally, the annual hourly rate increase is a nominal amount to correspond with our estimate of
increases in the cost of doing business and inflation in the local or national economy.
11, Any project extensions which result in the date of project design completion being later than the dates established in
the proposal will necessitate a negotiated increase in the acoustical consulting fee.
12. Either party inay tenninate this Agreement upon at least seven (7) days written notice in the event of a substantial
failure by the other party to perform. Such termination shall not be effective if remedied before expiration of the
period stated in the aforementioned notice. This Agreement may be terminated by either party, upon written notice to
the other, in the event that the project is suspended for more than ninety (90) days.
13. Soundscape carries professional liability coverage with an annual and per claim limit of $2,000,000. Soundscape's
Client hereby agrees that, to the fullest extent permitted by law, Soundscape's total liability to Client for any and all
injuries, claims losses, expenses or damages whatsoever arising out of or in any way related to the project or this
Agreement from any cause or causes including but not limited to Soundscape's negligence, errors, omissions, strict
liability, breach of contract or breach of warranty (hereafter "Client's claims") shall not exceed the total sum paid on
behalf of or to Soundscape by Soundscape's insurers in settlement or satisfaction of Client's claims under the terms
and conditions of Soundscape's insurance policies applicable thereto. If no such insurance coverage is provided with
respect to Client's claims, then Soundscape's total liability to Client for any and all such uninsured Client's claims
shall not exceed the compensation paid to Soundscape under this Agreement.
14. If Soundscape's Client is the Owner, then Owner hereby agrees that to the fullest extent permitted by law,
Soundscape shall not be liable to Owner for any special, indirect or consequential damages whatsoever, whether
caused by Soundscape's negligence, errors, omissions, strict liability, breach of contract, breach of warranty or other
cause or causes whatsoever, including but not limited to, loss of use of equipment or facility, and loss of profits or
revenue.
15. Client agrees that any time incurred by Soundscape to perform work beyond the scope of services presented in this
proposal, to attend depositions or hearings, or fulfill the demands of subpoena, either at the request of Client or by
Court Order, shall be paid for by the Client at Soundscape's standard hourly rates.
Soundscape Consulting LLC
Michigan • Illinois Indiana • Virginia
(734) 418-8663 • (312) 436-0032 (317) 489-4151 • (703) 722-6633
www.SoundscapeEngineering.com