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Public Works Packet 2025 04-15-25 AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday, April 15, 2025 6:00 p.m. East Conference Room #337 651 Prairie Pointe Drive, Yorkville, IL Citizen Comments: Minutes for Correction/Approval: March 18, 2025 New Business: 1. PW 2025-36 MFT Supplemental Resolution – Bulk Rock Salt 2. PW 2025-37 Vegetation Management Contract 3. PW 2025-38 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (Yorkville Public Works Building – Construction Engineering) 4. PW 2025-39 IEPA Low Interest Loan Summary and Update – North Receiving Station and Northwest Elevated Water Storage Tank Bid Results and Loan Recommendation 5. PW 2025-40 Northwest Elevated Water Storage Tank – Notice of Intent to Award 6. PW 2025-41 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (Northwest Elevated Water Storage Tank – Construction) 7. PW 2025-42 North Receiving Station – Notice of Intent to Award 8. PW 2025-43 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (North Receiving Station – Construction Engineering) 9. PW 2025-44 Water Well No. 10 – Change Order No. 1 (Balancing) Old Business: 1. PW 2025-18 Northland Lane Parking Restrictions – Discussion 2. PW 2025-34 Water Revenue Study – Presentation 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, April 15, 2025 6:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. March 18, 2025 □ Approved __________ □ As presented □ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2025-36 MFT Supplemental Resolution – Bulk Rock Salt □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2025-37 Vegetation Management Contract □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2025-38 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (Yorkville Public Works Building – Construction Engineering) □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2025-39 IEPA Low Interest Loan Summary and Update – North Receiving Station and Northwest Elevated Water Storage Tank Bid Results and Loan Recommendation □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2025-40 Northwest Elevated Water Storage Tank – Notice of Intent to Award □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2025-41 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (Northwest Elevated Water Storage Tank - Construction) □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2025-42 North Receiving Station – Notice of Intent to Award □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 8. PW 2025-43 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (North Receiving Station – Construction Engineering) □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 9. PW 2025-44 Water Well No. 10 – Change Order No. 1 (Balancing) □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2025-18 Northland Lane Parking Restrictions – Discussion □ Moved forward to CC __________ □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2025-34 Water Revenue Study – Presentation □ 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 – March 18, 2025 Public Works Committee – April 15, 2025 Majority Committee Approval Minute Taker Name Department DRAFT Page 1 of 4 UNITED CITY OF YORKVILLE PUBLIC WORKS COMMITTEE Tuesday, March 18, 2025 6:00pm Yorkville City Hall, East Conference Room #337 651 Prairie Pointe Drive, Yorkville, IL IN ATTENDANCE: Committee Members Chairman Ken Koch Alderman Rusty Corneils Alderman Craig Soling Alderman Matt Marek Other City Officials City Administrator Bart Olson Assistant City Administrator Erin Willrett via Zoom Engineer Brad Sanderson, EEI Public Works Director Eric Dhuse Alderman Chris Funkhouser via Zoom Assistant Public Works Director John Sleezer Other Guests: Chris Ott, EEI Noah Anderson, Strand Associates Dave Hubert, Fox Highlands The meeting was called to order at 6:00pm by Chairman Ken Koch. Citizen Comments: None Previous Meeting Minutes: February 18, 2025 The minutes were approved as presented. New Business: 1. PW 2025-20 Snow Operations Report Director Dhuse said it was a mild year and 1,100 tons of salt were used mostly during ice events which require an adequate layer of salt. He noted the large expenses for a couple of trucks which are not worth repair and will will be sold for scrap 2. PW 2025-21 Resolution Authorizing Participation in the State of Illinois Bulk Rock Salt Purchase Program This is the second year for this program and Mr. Olson and Mr. Dhuse are authorized by the City Council to execute contracts to purchase rock salt for the city. A large increase in price is not anticipated due to a mild winter. Mr. Dhuse said there are 450-500 tons of salt left and 1,000 tons at the county. This moves to the consent agenda. 3. PW 2025-22 2025 EEI Hourly Rates Mr. Olson said this was the annual review of EEI's contractual hourly rates for the base and supplemental contract and all developer work. Last year EEI requested a 3.8 % change in rates and this year the request is for a 4% increase. Staff recommends approval and this moves to the consent agenda. 4. PW 2025-23 Resolution in Support of the “Wyland Mayor's Challenge for Water Conservation” Mr. Olson said this resolution endorses support for this effort and he said the city participates each year. Ms. Willrett noted the challenge did pause last year. Social media coverage will be initiated and citizens and the Page 2 of 4 schools can sign up for this program. She has forwarded information to the school district. This will move to the regular agenda. 5. PW 2025-24 Resolution Authorizing the Purchase of Four Ford F-150 Trucks from River View Ford, in an Amount Not to Exceed $179,713 Public Works wishes to purchase 4 trucks, 3 of which were slated for 2026, but there is money remaining to allow for purchase now. The department is growing and there is a need for new trucks. The trucks are ready for purchase and no extra work is needed, except lettering. Mr. Dhuse said a super majority vote is needed since sealed bids were not taken. Alderman Marek asked about the chassis still not received after 2 years and it was noted there will be no additional costs. Alderman Soling asked if smaller or more fuel efficient trucks could be purchased. Mr. Dhuse said these trucks are fairly comparable in price to Explorers and the resale value on F-150's is much better at the end of life. This moves to the regular agenda. 6. PW 2025-25 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (2025 Water Main Replacement – Construction Engineering) Mr. Dhuse said this year the focus of water main replacement will be on the south side of town. In addition to this contract for $420,291, there is a $21,000 direct cost for testing. Mr. Dhuse said citizens are notified several times and through social media prior to the repair. This moves to the regular agenda. 7. PW 2025-26 2025 Road to Better Roads – MFT Resolution and Cost Estimate This is the standard MFT paperwork for the road program. The program is funded with local funds and with MFT. IDOT requires a resolution to be passed and approval of an estimate prior to bids. This moves forward to the consent agenda. 8. PW 2025-27 Resolution Approving a Bid to Complete the 2025 Local Roads Repaving Project (2025 Local Road Program – Contract Award This is the local portion of the project which is non-MFT. Bids were taken a few weeks ago and the low bidder was Builders Paving for $3.3 million and they are recommended for approval. Alderman Soling asked if sidewalks will be installed since the water mains will be moved. Sidewalks will be put in at South Main and the hydrant will be relocated. This moves to the regular agenda. 9. PW 2025-28 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (2025 Local Road Program – Construction Engineering) Mr. Dhuse said this is the construction engineering agreement for the above item. It is an hourly rate for this contract in the amount of $249,820. This moves to the regular agenda. 10. PW 2025-29 Resolution Approving a Bid to Complete the Bluestem Drive Water Main Improvements (Bluestem Water Main Replacement – Contract Award) Bids were taken 2 weeks ago for this work which is related to the Lake Michigan project. A 12” pipe needs to be replaced with a 16” pipe for better flow and less water loss. There were several bidders with Winninger Excavating being the low bidder at $465,000. This work should start May 1st and take 6-8 weeks to complete and the street will also be repaved in July. This moves to the regular agenda. 11. PW 2025-30 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (Bluestem Water Main Improvements – Construction Engineering) This contract with EEI is for construction observation in the amount of $51,448 and with an additional $4,000 for direct expenses. This moves to the regular agenda with committee approval. 12. PW 2025-31 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (Bertram Drive Connection – Design Engineering) Mr. Dhuse said this is for the second connection for Bristol Bay out to Rt. 47 and will position the work ahead of the IDOT schedule. This was considered for the 2026 budget at $52,000, but the actual amount will be $58,000 due to unexpected right-of-way and legal documents needed. It is not thought that IDOT will be changing Page 3 of 4 anything additional since they are far along in the design. Alderman Marek noted that he had given Bristol Bay an update about this progress. This moves to the regular agenda with committee agreement. 13. PW 2025-32 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (2026 Water Main Improvements – Design Engineering) This is another Lake Michigan design project for next year, said Mr. Dhuse. It will involve necessary removal and replacement of old mains at a fixed amount of $308,803. He specified the areas to be re-done which also includes the rear yards in Countryside. The committee moved this to the regular agenda. 14. PW 2025-33 Pavement Management Study – Review of Results and Scenarios - Presentation Mr. Chris Ott of Engineering Enterprises presented the findings of the road programs study including project goals, inventory of streets, paving history review, inspection results, comparisons from 2019-2025, budget scenarios and next steps. The goal is to develop a paving management program for the city and assign a rating to each road. An inventory would be done of the number of miles in the city and the type of road surface. A maintenance cost strategy would be done along with a 5-year program. Mr. Ott said the program would help determine which streets to repair first, based on a scoring system. He gave examples of the road conditions that determine the scoring. Mr. Ott presented charts for 2019-2025 and said the city has aggressively been replacing water main and along with that repairing the roads totaling 46.4 miles of the 115 miles in the city. He showed the expenses for those years. The city has also invested in preventative maintenance by applying crack-sealers and rejuvenators to the roads. The overall rating was 81 and 80% are in good or better condition. He also gave a handout of the ranking of all streets. To maintain the ranking of 81, Mr. Ott said $3.2 million would need to be spent annually. He said most pavements last 20 years. He also noted many upgrades have been made to the ADA ramps. The next steps are to identify a target budget and develop a 5-year plan which will need Council approval. Then the 2026 program design engineering can begin. Mr. Olson said the take-away is that the city has made investments and has improved the road scores. An annual expenditure of $3.5 million was suggested to maintain the replacement/repair cycle. Mr. Olson also noted that some of the roads will be funded by developers along with the projects they bring. The committee agreed with this amount and this will come back in May along with a 5-year plan. Alderman Koch suggested the presentation be included in the City Council packet for other Aldermen to review. 15. PW 2025-34 Water Revenue Study - Presentation This item was tabled until next month. 16. PW 2025-35 Southern Sanitary Sewer Connection - Change Order No. 1 Mr. Sanderson said this project is the extension of the sanitary sewer to the Cyrus 1 data center, though it has not begun yet. The Change Order involves the pre-crossing. The initial design assumed an open cut for the Rob Roy creek crossing to install the sanitary sewer. After this project was bid, IDNR declared this section of the creek is now on the list of “biologically significant streams” and a fish study must be done along with a high level of permitting. The alternative is to go under the creek, which would save money and time and Mr. Sanderson recommended the alternative. If the committee and Council approve, this proposal will be sent to Cyrus 1 who pays 100% of the cost. Alderman Corneils asked the reason for the creek status change, however, it is not known at this time. Mr. Sanderson noted that the status of Blackberry Creek has also recently changed. Alderman Soling said phosphorus and PFAS runoff has increased in creeks in general, which could be the reason. This will move to the Council regular agenda with committee approval. Page 4 of 4 Old Business: 1. PW 2025-18 Northland Lane Parking Restrictions - Discussion Mr. Olson said staff looked at parking restrictions in this area and it was recommended to move the parking from the east side to the west side for a net gain of 13 spaces. Alderman Funkhouser said he was concerned about the line of sight, but the number of spaces is more important to him. Mr. Sanderson recommended no parking around the curve. There are 30 spaces there now, which will be reduced to 20. Alderman Funkhouser said the use of the park may have to be reduced and also Home Depot does not like parking in the turnaround area behind their space. Mr. Olson said staff could try to identify additional parking since committee members do not want to lose parking spots and without compromising the park. He said mailers could be sent to nearby residents inviting them to a future meeting about the proposed changes since those residents would have to park on the opposite side of the street from their homes. Alderman Soling said he is not in favor of informing residents they cannot park in front of their own homes. Alderman Marek asked about the level of activity at the park and he also noted that kids run out between cars causing potential danger. Tim Evans will be contacted regarding field usage needs and traffic generated. It was decided to bring this issue back to committee in April prior to sending any mailers. 2. PW 2025-19 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc. (Cannonball Trail Shared Use Path – Feasibility Study – Preliminary Engineering) Mr. Olson said this was discussed last month and it was decided to do a feasibility study regarding a trail along Cannonball. Mr. Olson noted there might be an opportunity for cost sharing with the township and county. All committee members are in favor of this study, but would like to determine costs prior to contacting the other 2 entities. Alderman Marek asked if a path will be constructed when Rt. 47 is widened. Mr. Dhuse said there is one planned on the east side past the water park to connect with Kennedy. This will move to City Council regular agenda for a vote. Additional Business: Guest Mr. Hubert asked when the water revenue study would be available. Mr. Olson said it would be presented at the Public Works meeting next month. There was no further business and the meeting adjourned at 7:16pm. 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 2025-36 MFT Resolution for Bulk Rock Salt Purchase Public Works Committee – April 15, 2025 Majority Approval Annual resolution allowing the city to purchase bulk rock salt with MFT funds. Eric Dhuse Public Works Name Department Summary Yearly MFT resolution for bulk rock salt purchase. Background Each year the city council authorizes an IDOT resolution to allow us to purchase bulk rock salt using MFT funds. This year staff estimates the cost to be $150,000 for approximately 2000 tons of salt. This works out to $75/ton which is an increase from the $69.31 that it was this year. We always use a conservative estimate for budgeting since we won’t know the true price of salt until October. This year we used approximately 1100 tons of salt and have 400 tons remaining in storage at Tower Lane. In addition, we have 1000 tons in storage at the Kendall County Highway Dept. facility. Once our 4500-ton salt dome gets built as part of the new PW/Parks facility, we will move all salt to that location. There is $150,000 budgeted in the MFT section of the FY26 budget for this expense. Any money not spent on salt will go back to the MFT fund to be used on other projects or approved purchases. Recommendation Staff recommends approval of this resolution. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, City Administrator Date: April 7, 2025 Subject: MFT Resolution for Salt Purchase FY26 Resolution for Maintenance Under the Illinois Highway Code BLR 14220 (Rev. 12/13/22)Completed04/08/25 District 3 County Kendall Resolution Number Resolution Type Supplemental Section Number 26-00000-00-GM BE IT RESOLVED, by the Governing Body Type Council of the Local Public Agency Type City of Name of Local Public Agency YORKVILLE Illinois that there is hereby appropriated the sum of DollarsOne Hundred Fifty Thousand () $150,000.00 of Motor Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of Illinois Highway Code from Beginning Date 05/01/25 to Ending Date 04/30/26 . BE IT FURTHER RESOLVED, that only those operations as listed and described on the approved Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this resolution, are eligible for maintenance with Motor Fuel Tax funds during the period as specified above. BE IT FURTHER RESOLVED, that Local Public Agency Type City of Name of Local Public Agency YORKVILLE shall submit within three months after the end of the maintenance period as stated above, to the Department of Transportation, on forms available from the Department, a certified statement showing expenditures and the balances remaining in the funds authorized for expenditure by the Department under this appropriation, and BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit four (4) certified originals of this resolution to the district office of the Department of Transportation. I Name of Clerk Jori Behland Local Public Agency Type City Clerk in and for said Local Public Agency Type City of Name of Local Public Agency YORKVILLE in the State of Illinois, and keeper of the records and files thereof, as provided by statute, do hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Governing Body Type Council of Name of Local Public Agency YORKVILLE at a meeting held on Date . IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this Day day of Month, Year . (SEAL, if required by the LPA) Clerk Signature & Date APPROVED Regional Engineer Signature & Date Department of Transportation Instructions for BLR 14220 BLR 14220 (Rev. 12/13/22)Completed04/08/25 This form shall be used when a Local Public Agency (LPA) wants to perform maintenance operations using Motor Fuel Tax (MFT) funds. Refer to Chapter 14 of the Bureau of Local Roads and Streets Manual (BLRS Manual) for more detailed information. This form is to be used by a Municipality or a County. Road Districts will use BLR 14221. For signature requirements refer to Chapter 2, Section 3.05(b) of the BLRS Manual. When filling out this form electronically, once a field is initially completed, fields requiring the same information will be auto-populated. Resolution Number Insert the resolution number as assigned by the LPA, if applicable. Resolution Type From the drop down box, choose the type of resolution: -Original would be used when passing a resolution for the first time for this project. -Supplemental would be used when passing a resolution increasing appropriation above previously passed resolutions. -Amended would be used when a previously passed resolution is being amended. Section Number Insert the section number of the improvement covered by the resolution. Governing Body Type From the drop down box choose the type of administrative body. Choose Board for County; Council or President and Board of Trustees for a City, Village or Town. LPA Type From the drop down box choose the LPA body type; County, City, Town or Village. Name of LPA Insert the name of the LPA. Resolution Amount Insert the dollar value of the resolution for maintenance to be paid for with MFT funds in words, followed by the same amount in numerical format in the (). Beginning Date Insert the beginning date of the maintenance period. Maintenance periods must be a 12 or 24 month consecutive period. Ending Date Insert the ending date of the maintenance period. LPA Type From the drop down box choose the LPA body type; County, City, Town or Village. Name of LPA Insert the name of the LPA. Name of Clerk Insert the name of the LPA Clerk. LPA Type From the drop down box choose the LPA body type; County, City, Town or Village. LPA Type From the drop down box choose the LPA body type; County, City, Town or Village. Name of LPA Insert the name of the LPA. Governing Body Type From the drop down box choose the type of administrative body. Choose Board for County; Council or President and Board of Trustees for a City, Village or Town. Name of LPA Insert the name of the LPA. Date Insert the date of the meeting. Day Insert the day the Clerk signed the document. Month, Year Insert the month and year of the clerk's signature. Clerk Signature Clerk shall sign here. Seal The Clerk shall seal the document here, if required. If a seal is required, electronic signatures should not be used. Approved The Department of Transportation representative shall sign and date here upon approval. A minimum of three (3) certified signed originals must be submitted to the Regional Engineer's District office OR email PDF completed form with electronic signatures to your local District LRS office. Following IDOT's approval, distribution will be as follows: Local Public Agency Clerk Engineer (Municipal, Consultant or County) BLR 14222 (Rev. 05/26/23) Local Public Agency General Maintenance Page 1 of 2Completed04/08/25 Submittal Type Supplemental Estimate of Maintenance Costs District 3 Estimate of Cost For Municipality Maintenance Period Local Public Agency City of Yorkville County Kendall Section Number 26-00000-00-GM Beginning 05/01/25 Ending 04/30/26 Maintenance Items Maintenance Operation Maint Eng Category Insp. Req. Material Categories/ Point of Delivery or Work Performed by an Outside Contractor Unit Quantity Unit Cost Cost Total Maintenance Operation Cost snow removal IIA ton 2,000 $75.00 $150,000.00 $150,000.00 Total Operation Cost $150,000.00 Estimate of Maintenance Costs Summary Maintenance MFT Funds RBI Funds Other Funds Estimated Costs Local Public Agency Labor Local Public Agency Equipment Materials/Contracts(Non Bid Items) Materials/Deliver & Install/Materials Quotations (Bid Items) Formal Contract (Bid Items) Maintenance Total Estimated Maintenance Eng Costs Summary Maintenance Engineering MFT Funds RBI Funds Other Funds Total Est Costs Preliminary Engineering Engineering Inspection Material Testing Advertising Bridge Inspection Engineering Maintenance Engineering Total Total Estimated Maintenance Remarks SUBMITTED Local Public Agency Official Signature & Date Title APPROVED Regional Engineer Signature & Date Department of TransportationCounty Engineer/Superintendent of Highways Signature & Date BLR 14222 (Rev. 05/26/23)Page 2 of 2Completed04/08/25 Estimate of Maintenance Costs Submittal Type Supplemental Local Public Agency City of Yorkville County Kendall Section 26-00000-00-GM Maintenance Period Beginning 05/01/25 Ending 04/30/26 IDOT Department Use Only Received Location Received Date Additional Location? WMFT Entry By Entry Date BLR 14222 (Rev. 05/26/23)Completed04/08/25 Instructions for BLR 14222 - Page 1 of 4 NOTE: Form instructions should not be included when the form is submitted This form is used by all Local Public Agencies (LPAs) to submit their maintenance program and also submit their maintenance expenditure statements. A resolution (BLR 14220) must be submitted and approved by the Illinois Department of Transportation (IDOT) prior to incurring any expenditures. For items required to be bid the estimate of cost must be submitted prior to submittal of required bidding documents. Authorizations will be made based on the resolution and/or the approved contract/acceptance/material quotations documents. The maintenance expenditure statement must be submitted within 3 months of the end of the maintenance period. Maintenance resolutions and estimates submitted for future maintenance periods after that date will not be processed until the delinquent maintenance expenditure statement has been submitted. Only one form needs to be completed per maintenance period, combine all operations on one form. For additional information refer to the Bureau of Local Roads Manual (BLRS), Chapter 14. For signature requirements refer to Chapter 2, section 3.05(b) of the BLRS Manual. For items being completed for the estimate all materials, equipment, labor and contract amounts are considered estimates. For estimates where LPA equipment is completed, an Equipment Rental Schedule (BLR 12110) must also be submitted for approval. When completing the form for the Maintenance Expenditure all items must be actual amounts spent. Maintenance — From the drop down choose which type of document is being submitted. Choose Estimate of Cost if an estimate is being submitted, choose Maintenance Expenditure Statement if a maintenance expenditure statement is being submitted Submittal — Choose the type of submittal, if this is the first submittal choose original, if revising a previous submittal choose, revised. If adding to a previous submittal choose supplemental. Estimate of Cost For — Select the type of LPA submitting this form from the drop down. Types to choose are County, Municipality, or Road District/Township. Local Public Agency — Insert the name of the Local Public Agency. County — Insert the County in which the Local Public Agency is located. Maintenance Period Beginning — Insert the beginning date of the maintenance period. Ending — Insert the ending date of the maintenance period. Section — Insert the section number assigned to this project. The letters at the end of the section number will always be a "GM". Maintenance Operations — List each maintenance operation separately Maintenance Eng. Category — From the drop down choose the maintenance engineering category as it applies to the operation listed to the left. The definitions of the categories can be found in the BLRS Manual Chapter 14, section 14-2.04 Maintenance Engineering Categories are: Category I — Services purchased without a proposal such as electric energy or materials purchased from Central Management Services' Joint Purchasing Program or another joint purchasing program that has been approved by the District BLRS or CBLRS. Category II-A — Maintenance items that are not included in Maintenance Engineering Category I or do not require competitive sealed bids according to Section 12-1.02(a) or a local ordinance/resolution. Category II-B — Routine maintenance items that require competitive sealed bids according to Section12-1.02(a) or a local ordinance/ resolution. Routine maintenance includes all items in the following work categories: snow removal, street sweeping, lighting and traffic signal maintenance, cleaning ditches or drainage structures, tree trimming or removal, mowing, crack sealing, pavement marking, shoulder maintenance limited amounts of concrete curb and gutter repair, scour mitigation, pavement patching, and minor drainage repairs. Category III — Maintenance items that are not covered by Maintenance Engineering Category I or Category II-B and require competitive bidding with a material proposal, a deliver and install proposal or material quotation. Category IV — Maintenance items that are not covered by Maintenance Engineering Category I or Category II-B and require competitive bidding with a formal contract proposal. BLR 14222 (Rev. 05/26/23)Completed04/08/25 Instructions for BLR 14222 - Page 2 of 4 The instructions listed below only apply to the maintenance estimate of cost. For LPA's using Local Public Agency Labor and/or Local Public Agency Equipment Rental, the estimated amounts are only listed on those specific lines and are not to be included with each operation on the estimate of cost. Insp Req — From the drop down choose No or Yes as it applies to the maintenance operation listed to the left. Items requiring no engineering inspection should be no. Material Categories/Point of Delivery or Work Performed by an Outside Contractor — List the items for each operation on a separate line, grouping items for the same operation together, for the operation listed to the left. If work being done as a contract list work by contractor. Unit — Insert the unit of measure for the material listed to the left, if applicable. Quantity — Insert the quantity for the material listed to the left, if applicable. Unit Cost — Insert the unit cost of the material listed to the left, if applicable. Cost — No entry necessary, this is a calculated field. This is the quantity times the unit cost. Total Maintenance Operation Cost — Insert the total of the Maintenance Operation Cost, for items done by a contract insert the estimated contract amount. Maintenance Estimate of Maintenance Costs Summary — Under each item listed below, list the amount of estimated MFT funds, Rebuild Illinois (RBI) funds and local funds to be expended, if applicable. The total Estimated cost is a calculated field. Local Public Agency Labor — Insert the estimated amount for LPA labor for all maintenance operations, if applicable. Local Public Agency Equipment Rental — Insert the estimated amount for LPA equipment rental for all maintenance operations, if applicable. Materials/Contracts (Non Bid Items) — Insert the estimated amount for materials and/or contracts for items the LPA is not required to bid, if applicable. Materials/Deliver & Install, Material Quotations — For the operation listed to the left insert the estimate amount to be expended using a bidding process for material/deliver & install proposal and/or material quotations, if applicable. Formal Contracts — Insert the total amount estimated to be expended on formal contracts. This will be for items required to be bid. Total Estimated Cost — This is a calculated field and will be automatically filled in for each type. This is the sum of all funding for the item. Total Maintenance Operation Cost — This is a calculated field, no entry is necessary. This is the sum of all items estimated to be expended on this operation. Total Maintenance Cost — This is a calculated field, no entry is necessary. This is the sum of all maintenance operation costs. Maintenance Engineering Cost Summary — For each item listed below, list under the funding type what the estimated amount to be expended for each item. Preliminary Engineering Fee — Insert the amount of funds estimated to be expended for Preliminary Engineering, if applicable. Engineering Inspection Fee — Insert the amount of funds estimated to be expended for Engineering Inspection, if applicable. Material Testing Costs — Insert the dollar amount of funds estimated to be expended on material testing costs, if applicable. BLR 14222 (Rev. 05/26/23)Completed04/08/25 Instructions for BLR 14222 - Page 3 of 4 Advertising Costs — Insert the amount of funds estimated to be expended on advertising costs, if applicable. Bridge Inspection Costs — Insert the amount of funds estimated to be expended on bridge inspection costs, if applicable. Total Maintenance Engineering — This is a calculated field, no entry is necessary. This is the sum of all maintenance engineering costs listed above. Totals — This is a calculated field. It is the total of the estimated maintenance cost plus the estimated maintenance engineering cost. These instructions apply to the Maintenance Expenditure Statement. Maintenance Operation — Type in the name of the maintenance operation for which the amounts to the right will be completed. For a form that was completed as an Estimate of Cost and is now being changed to a Maintenance Expenditure Statement, this field will be completed from the estimate. Maint Eng Category — From the drop down select the Maintenance Engineering Category that applies to the operation listed to the left. LPA Labor — For the operation listed to the left insert the amount expended for LPA labor, if applicable. LPA Equipment Rental — For the operation listed to the left insert the amount expended on LPA equipment rental if applicable. Materials/Contracts (Non-Bid) — For the operation listed to the left insert the amount expended for materials and/or contracts that was not required to be bid, if applicable. Materials/Deliver & Install/Material Quotations (Bid Items) — Insert the total amount expended on Materials Proposals, Deliver and Install proposals, Materials Quotations (Bid Items). This will be for items that were required to be bid. Formal Contract — For the operation listed to the left insert the amount expended for items bid using the formal contract process, if applicable. Total Operation Cost — This is a calculated field, it will sum the amounts expended for the operation listed to the left. Operation Engineering Inspection Fee — For the operation listed to the left insert the amount of engineering inspection charged for this operation, if applicable. Total Maintenance — This is a calculated field, no entry necessary. It is the sum of all maintenance operations. Maintenance Engineering Cost Summary Preliminary Engineering Fee — Insert the dollar amount of funds spent on preliminary engineering for this maintenance section. Engineering Inspection Fee — Insert the amount of funds expended for Engineering Inspection, if applicable. Material Testing Costs — Insert the dollar amount of funds spent on material testing costs, if applicable. Advertising Costs — Insert the dollar amount of funds spent on advertising costs, if applicable. Bridge Inspection Costs — Insert the dollar amount of funds spent on bridge inspection costs, if applicable. Total Maintenance Engineering — This is a calculated field, no entry is necessary. This is the sum of all maintenance engineering costs listed above. Total Maintenance Program Costs — Insert the total cost of the Maintenance and Maint. Engineering. The maintenance amount will be the amount from the Total Cost from the Maintenance Items table. The Maint. Eng will be the Maintenance Engineering Total from above. BLR 14222 (Rev. 05/26/23)Completed04/08/25 Instructions for BLR 14222 - Page 4 of 4 Contributions, Refunds, Paid with Other Funds — Enter the dollar amount of contributions, refunds or amounts paid with other funds for this maintenance section, if applicable, for both maintenance and maintenance engineering. Total Motor Fuel Tax/Rebuild Illinois Portion — These are calculated fields, no entry is necessary. This is the sum of the total cost minus the amount paid with local funds. Motor Fuel Tax Portion — Insert the amount of the total cost that was paid for with Motor Fuel Tax funds for Maintenance and Maint. Engineering, as applicable. Motor Fuel Tax Funds Authorized — Insert the net amount of Motor Fuel Tax Funds authorized for each type. Motor Fuel Tax Surplus/Deficit — These are calculated fields, no entry is necessary. This is the sum of the Total Motor Fuel Tax funds expended minus the amount of Motor Fuel Tax funds authorized. A positive number will result in a credit to the unobligated fund of the Motor Fuel Tax fund. A negative number means more funds were spent than authorized. If the negative number has a resolution to cover the overage, the item(s) that resulted in the overage have been approved by IDOT, and are covered in the overrun policy, this amount will be authorized. If these conditions are not met you must contact your District office for guidance. Rebuild Illinois Portion — Insert the amount of the total cost that was paid for with Rebuild Illinois funds for Maintenance and Maint. Engineering, as applicable. Rebuild Illinois Funds Authorized — Insert the net amount of Rebuild Illinois Funds authorized for each type. Rebuild Illinois Surplus/Deficit — These are calculated fields, no entry is necessary. This is the sum of the Total Rebuild Illinois funds expended minus the amount of Rebuild Illinois funds authorized. A positive number will result in a credit to the unobligated fund of the Motor Fuel Tax fund. A negative number means more funds were spent than authorized. If the negative number has a resolution to cover the overage, the item(s) that resulted in the overage have been approved by IDOT, and are covered in the overrun policy, this amount will be authorized. If these conditions are not met you must contact your District office for guidance. Difference — No entry necessary, this field is automatically calculated. It is the difference between Total Motor Fuel Tax/Rebuild Illinois Portion for Maintenance and Maint. Engineering. The fields must equal zero; if not, review the amounts inserted under Motor Fuel Tax and Rebuild Illinois need to be corrected. Remarks — Enter remarks as applicable covering the items entered. Certification — Upon submittal of this form as the maintenance expenditure statement the LPA official shall check this box as certification. End of instructions for Maintenance Expenditure Statement Submitted Local Public Agency Official — The proper official shall sign, insert their title and date here. For Estimates of Cost covering a Township/Road District the road commissioner shall sign and date as Local Public Agency Official. For Municipalities the municipal official shall sign and date here. County Engineer/Superintendent of Highways — For County project and/or Township/Road District projects the county engineer/superintendent of highways shall sign here. Approved — Upon approval the Regional Engineer shall sign and date here. This approval is subject to change based upon a documentation review by the Department. When submitting the form via USPS mail, submit a minimum of three (3) signed original must be submitted to the Regional Engineer's District office. This form may be submitted electronically with electronic signatures. Following the Regional Engineer's approval, distribution will be as follows: Local Public Agency Clerk Engineer (Consultant or County Engineer) District File IDOT Department Use Only The Following fields are for IDOT use only. Received Location Enter the location received from the drop down. Date Enter the date the document was received. WMFT Entry By Enter the name of the person entering the information into the WMFT system. Date Enter the date on which the information was entered. 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 2025-37 Vegetation Management Contract Public Works Committee – April 15, 2025 Supermajority (6 out of 9) Approval 3 year contract proposal from ENCAP to manage the vegetation at the Riverfront, old FS property, and the hill at the VEAC. Eric Dhuse Public Works Name Department Summary Staff is proposing a 3-year contract with ENCAP for downtown vegetation control. Background This proposal will provide vegetation control for riverfront island/canoe chute area, FS property, and Van Emmon Activity Center parking lot hillside. ENCAP worked on the island and canoe chute last year, and we would like to expand their scope of services. This would be a 3-year contract that should substantially cut down on the number of weeds that grow in these areas, thus reducing the maintenance. As you can see, the first year of the contract is much more expensive than the subsequent years due to the initial cleanup of the areas which is much more labor intensive than just spraying and monitoring the areas. In years 2 and 3 the price drops accordingly. Last year, ENCAP managed the riverfront area after years of PW/Parks cutting down everything a few times per year to try and manage the area and make it look good. This worked for the short term, but the weeds and trees always returned leading us to fight a losing battle. We do not have the expertise that a company like ENCAP does to be able to perform the vegetation management near a body of water. The FS area was just purchased by the City last year. Initially, PW and Parks performed a thorough cleanup and spot maintenance, but not on a strict schedule that is needed for good maintenance. The hill at the VEAC building has always been a problem to manage vegetation. We have had different companies in the past but have always had issues with the actual control of the weeds. This is an extremely tough area to manage, but ENCAP believes they can give us the level of service that we are looking for. Staff has asked only ENCAP for a quote because they were the only company that responded with a quote to manage the riverfront area last season out of 3 companies that were contacted. In addition, we have worked with ENCAP in the past and have been very satisfied with their work. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works John Sleezer, Assistant Director of Public Works CC: Bart Olson, City Administrator Date: April 8, 2025 Subject: Vegetation Management Contract Recommendation Staff recommends approving a 3-year contract with ENCAP, Inc. of Dekalb, in an amount not to exceed $42,150. Yorkville, IL 60560 # DESCRIPTION OF WORK UNIT # OF UNITS UNIT COST COST 2025 1 2025 - Yorkville Dam - Initial Cleanup LS 1 $6,500.00 $6,500.00 2 2025 - Yorkville Dam - Herbicide Treatments EA 3 $1,950.00 $5,850.00 3 2025 - Old Foundation Area - Initial Cleanup LS 1 $2,800.00 $2,800.00 4 2025 - Old Foundation Area - Herbicide Treatments EA 3 $900.00 $2,700.00 5 2025 - Riprap Hill - Herbicide Treatments EA 3 $650.00 $1,950.00 2025 Total $19,800.00 2026 6 2026 - Yorkville Dam - Herbicide Treatments EA 3 $2,050.00 $6,150.00 7 2026 - Old Foundation Area - Herbicide Treatments EA 3 $925.00 $2,775.00 8 2026 - Riprap Hill - Herbicide Treatments EA 3 $675.00 $2,025.00 2026 Total $10,950.00 2027 9 2027 - Yorkville Dam - Herbicide Treatments EA 3 $2,150.00 $6,450.00 10 2027 - Old Foundation Area - Herbicide Treatments EA 3 $950.00 $2,850.00 11 2027 - Riprap Hill - Herbicide Treatments EA 3 $700.00 $2,100.00 2027 Total $11,400.00 3-Year TOTAL $42,150.00 RE: Vegetation Control at the Yorkville Dam 301 E Hydraulic Ave, Yorkville, IL, (41.642471°, -88.443282°) Mr.Dhuse, Thank you for the opportunity to provide a proposal for vegetation management services at the Yorkville Dam site. This proposal includes an initial cleanup of the site in 2025 and subsequent herbicide maintenance visits. We ask that you please be aware of the new pesticide application regulation published by the IL Department of Agriculture regarding public notification. If you should have any questions regarding the information provided herein, please contact Brett Suhayda at 815-757-2472 or bsuhayda@encapinc.net. A map of the proposed project site is attached for concurrence. PROPOSAL NO. 25-0130B February 20, 2025 Eric Dhuse 630-878-7102 / edhuse@yorkville.il.us United City of Yorkville 651 Prairie Pointe Dr. 2/20/2025 25-0130B - United City of Yorkville Vegetation Control at the Yorkville Dam 2 ~Pricing is valid for 90 days from the date of this proposal. If this proposal is not approved within 90 days, then ENCAP reserves the right to re-evaluate the costs and schedule availability for this project. United City of Yorkville, (hereinafter “Client”) shall be solely liable for the timely payment of all amounts invoiced under this proposal. Invoices will be tendered by ENCAP, Inc. (“ENCAP”) from time to time, but no more frequently than every two weeks, and shall be due and payable upon receipt. If Client objects to all or any portion of an invoice, Client shall nevertheless timely pay the undisputed amount of such invoice and promptly advise ENCAP in writing of the reasons for disputing any amount. ~Proposal does not include prevailing wage rates. Payment Agreement Client shall pay an additional charge of two (2) percent (or the maximum percentage allowed by law, whichever is lower) of the invoiced amount per month for any payment received by ENCAP more than thirty (30) calendar days from the date of the invoice, excepting any portion of the invoiced amount in dispute and resolved in favor of Client. Payments shall first be applied to accrued interest and then to the unpaid principal amount. If Client fails to pay invoiced amounts within thirty (30) calendar days of the date of the invoice, ENCAP may at any time, without waiving any other claim against Client and without incurring any liability to Client, suspend or terminate performance under this Agreement as long as any hazardous conditions created by ENCAP’S previously performed services are rendered non-hazardous to Clients employee’s, agents and subcontractors, the general public, and the environment. Termination shall not relieve Client of its obligation to pay amounts incurred up to termination. ENCAP shall be entitled to recover any and all costs of collection associated with recovery of amounts due under this Payment Agreement, including but not limited to reasonable attorney’s f Client will indemnify and hold harmless ENCAP and its representatives, agents, employees, and successors and assigns from and against any and all claims, suits,actions, losses, penalties, fines, and damages of any nature whatsoever, and shall pay any reasonable attorney’s fees, expert witnesses fees, and ENCAP fees, and court costs arising or resulting from (1) Client’s breach of this Agreement; or (2) Client’s negligence or intentional misconduct. * All Legal Proceedings to be conducted in DeKalb County * Client shall accept full responsibility for payment notwithstanding any other agreement with owner or other party, and in no event will any provision in a contract, agreement, or understanding which conditions Client’s payment to ENCAP upon receipt of the payment from any other party relieve Client from responsibility for payment to ENCAP. Authorized Rep. Date Authorized Rep. Date _______________________ ________ ____________________ ________ By: ENCAP, Inc. By: United City of Yorkville Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number New Business #3 Tracking Number PW 2025-38 Yorkville Public Works Building Construction Engineering Agreement Public Works Committee – April 15, 2025 Majority Approval Please see the attached memo. Eric Dhuse Public Works Name Department Summary A proposed Public Service Agreement from EEI for construction engineering for the new PW/Parks building. Background Staff had asked EEI to provide a PSA for construction services for the new PW/Parks building. Work items will include, but are not limited to, attending meetings, reviewing engineering plans, assisting with pay estimates and change orders when needed, construction layout, construction observation, surveying, and preparation of record drawings. For their services, they are proposing an estimated fee of $98,557 of which $1861.50 are listed as direct expenses. The survey and as-built drawing is accounted for as a line item in the schedule of values within the GMP amendment at $30,000. The balance of the fee ($68,557) would be taken from the Owner’s Contingency line item. Recommendation Staff recommends approval of this agreement. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, City Administrator Date: April 10, 2025 Subject: Public Works/Parks building PSA for Const. Engineering Resolution No. 2025-____ Page 1 Resolution No. 2025-_____ RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING AN ENGINEERING AGREEMENT WITH ENGINEERING ENTERPRISES, INC. WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a non- home rule municipality duly organized and validly existing in accordance with the Constitution of the State of Illinois and the laws of this State; and WHEREAS, the City’s Public Works Department plans to perform the construction of the new Public Works Building with associated parking, sidewalks, fuel island, utility infrastructure, and landscaping at 306 Boombah Boulevard (the “Project”); and WHEREAS, completion of the Project will require engineering services conducted by an outside engineering firm; and WHEREAS, Engineering Enterprises, Inc., of Sugar Grove, Illinois (“EEI”), has prepared an agreement between EEI and the City for engineering services related to the Project (the “Agreement”), said Agreement being attached hereto as Exhibit A; and WHEREAS, EEI has provided engineering services for various projects completed by the City, and the City administration has found that EEI is a qualified and experienced engineering firm; and WHEREAS, the City administration recommends approval of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council (the “Corporate Authorities”) of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The foregoing recitals are hereby incorporated in this Resolution as the findings of the Corporate Authorities. Section 2. The Mayor and City Clerk are hereby authorized to execute a Yorkville Resolution No. 2025-____ Page 2 Public Works Building, United City of Yorkville, Professional Services Agreement – Construction Engineering, attached hereto as Exhibit A. Section 3. 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 ____ day of __________________, A.D. 2025. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ MAYOR Attest: ___________________________________ City Clerk UNITED CITY OF YORKVILLE YORKVILLE PUBLIC WORKS BUILDING PAGE 1 Yorkville Public Works Building United City of Yorkville Professional Services Agreement – Construction Engineering THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred to as the "City" or “OWNER” and Engineering Enterprises, Inc. hereinafter referred to as the "Contractor" or “ENGINEER” agrees as follows: A. Services: The ENGINEER shall furnish the necessary personnel, materials, equipment and expertise to make the necessary investigations, analysis and calculations along with exhibits, cost estimates and narrative, to complete all necessary engineering services to the City as indicated on the included Attachment A. Construction engineering will be provided for the construction of a new Public Works Building with associated parking, sidewalks, fuel island, utility infrastructure, and landscaping at 306 Boombah Boulevard. Engineering will be in accordance with all City, Standard Specifications for Water and Sewer Construction in Illinois, Illinois Department of Transportation, and Illinois Environmental Protection Agency requirements. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non- terminating party or upon completion of the Services. Upon termination the Contractor shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to Contractor: ENGINEER shall receive as compensation for all work and services to be performed herein, an amount based on the Estimate of Level of Effort and Associated Cost included in Attachment C. Construction Engineering will be paid for Hourly (HR) at the actual rates for services to be performed, estimated at $98,557. Direct expenses are estimated at $96,695.50. The hourly rates for this project are shown in the attached 2025 Standard Schedule of Charges (Attachment E). All payments will be made according to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract is designated in Section B hereof as an Ongoing Contract, ENGINEER, on or before February 1st of any given year, shall provide written notice of any change in the rates specified in Section C hereof (or on any UNITED CITY OF YORKVILLE YORKVILLE PUBLIC WORKS BUILDING 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: Contractor agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. Contractor agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the Freedom of Information Act or if already previously disclosed by a third party. Upon termination of this agreement, Contractor agrees to return all such materials to the City. The City agrees not to modify any original documents produced by Contractor without Contractor’s consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER’s sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER’s sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kendall County, Illinois. G. Independent Contractor: Contractor shall have sole control over the manner and means of providing the work and services performed under this agreement. The City’s relationship 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 YORKVILLE PUBLIC WORKS BUILDING 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 sponsoring agency. The Contractor UNITED CITY OF YORKVILLE YORKVILLE PUBLIC WORKS BUILDING PAGE 4 agrees to cooperate fully with any audit and to provide full access to all relevant materials. United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in accordance with requirements imposed by the Internal Revenue Services for withholding and reporting federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen ___ Resident Alien ___ Non-Resident Alien The Internal Revenue Service requires that taxes be withheld on payments made to non- resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its Federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): ___ Individual ___ Real Estate Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation ___ Trust or Estate ___ Medical and Health Care Services Provider Corp. I. Indemnification: Contractor shall indemnify and hold harmless the City and City’s agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by Contractor or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of Contractor or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall either party indemnify any other party for the consequences of that party’s negligence, including failure to follow the ENGINEER’s recommendations. J. Insurance: The ENGINEER agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied) K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the 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 UNITED CITY OF YORKVILLE YORKVILLE PUBLIC WORKS BUILDING PAGE 5 between the parties are merged into this agreement, and this agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of Attachments are as follows: Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Attachment C: Estimate of Level of Effort and Associated Cost Attachment D: Anticipated Project Schedule Attachment E: 2025 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 _________, 2025. United City of Yorkville: Engineering Enterprises, Inc.: _________________________________ ______________________________ John Purcell Brad Sanderson, P.E. Mayor Chief Operating Officer / President _________________________________ ______________________________ Jori Behland Angie Smith City Clerk Director of Marketing & Business Development ENGINEERING ENTERPRISES, INC. DECEMBER 2024 PAGE 1 ATTACHMENT A – STANDARD TERMS AND CONDITIONS Agreement: These Standard Terms and Conditions, together with the Professional Services Agreement, constitute the entire integrated agreement between the OWNER and Engineering Enterprises, Inc. (EEI) (hereinafter “Agreement”), and take precedence over any other provisions between the Parties. These terms may be amended, but only if both parties consent in writing. However, to the extent that the Scope of Work differs from the Standard Terms and Conditions, the Scope of Work document controls. Standard of Care: In providing services under this Agreement, the ENGINEER will endeavor to perform in a matter consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under same circumstances in the same locality. ENGINEER makes no other warranties, express or implied, written or oral under this Agreement or otherwise, in connection with ENGINEER’S service. Construction Engineering and Inspection: The ENGINEER shall not supervise, direct, control, or have authority over any contractor work, nor have authority over or be responsible for the means, methods, techniques sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety of the site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor’s furnishing and performing of its work. The ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for contractor’s failure to furnish and perform the work in accordance with the contract documents. The ENGINEER is not responsible for the acts or omissions of any contractor, subcontractor, or supplies, or any of their agents or employees or any other person at the site or otherwise furnishing or performing any work. Shop drawing and submittal review by the ENGINEER shall apply to only the items in the submissions and only for the purpose of assessing if upon installation or incorporation in the project work they are generally consistent with the construction documents.  OWNER agrees that the contractor is solely responsible for the submissions and for compliance with the construction documents.  OWNER further agrees that the ENGINEER’S review and action in relation to these submissions shall not constitute the provision of means, methods, techniques, sequencing or procedures of construction or extend or safety programs or precautions.  The ENGINEER’S consideration of a component does not constitute acceptance of the assembled items. The ENGINEER’S site observation during construction shall be at the times agreed upon in the Project Scope.  Through standard, reasonable means the ENGINEER will become generally familiar with observable completed work.  If the ENGINEER observes completed work that is inconsistent with the construction documents, that information shall be communicated to the contractor and OWNER for them to address. Opinion of Probable Construction Costs: ENGINEER’S opinion of probable construction costs represents ENGINEER’S best and reasonable judgment as a professional engineer. OWNER acknowledges that ENGINEER has no control over construction costs of contractor’s methods of determining pricing, or over competitive bidding by contractors, or of market conditions or changes thereto. ENGINEER cannot and does not guarantee that proposals, bids or actual construction costs will not vary from ENGINEER’S opinion of probable construction costs. Copies of Documents & Electronic Compatibility: Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also known as hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, ENGINEER makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning of the project. Changed Conditions: If, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to the ENGINEER are revealed, to the extent that they affect the scope of services, compensation, schedule, allocation of risks, or other material terms of this Agreement, the ENGINEER may call for renegotiation of appropriate portions of this Agreement. The ENGINEER shall notify the OWNER of the changed conditions necessitating renegotiation, and the ENGINEER and the OWNER shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this Agreement, in accordance with the termination provision hereof. Hazardous Conditions: OWNER represents to ENGINEER that to the best of its knowledge no Hazardous Conditions (environmental or otherwise) exist on the project site. If a Hazardous Condition is encountered or alleged, ENGINEER shall have the obligation to notify OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental officials. It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a Hazardous Condition. In the event ENGINEER or any other party encounters a Hazardous Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the project affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Condition; and (ii) warrants that the project site is in full compliance with applicable Laws and Regulations. ENGINEER agrees to cooperate with the OWNER, as necessary, to remediate a Hazardous Condition, but same may result in additional costs to the OWNER. ENGINEERING ENTERPRISES, INC. DECEMBER 2024 PAGE 2 Consequential Damages: Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective officers, directors, partners, employees, contractors, or subcontractors shall be liable to the other or shall make any claim for any incidental, indirect, or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. Termination: This Agreement may be terminated for convenience, without cause, upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation as set forth in the Professional Services Agreement for all costs incurred through the date of termination. Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days’ written notice for the following reasons: (a) Substantial failure by the other party to comply with or perform in accordance with the terms of the Agreement and through no fault of the terminating party; (b) Assignment of the Agreement or transfer of the project without the prior written consent of the other party; (c) Suspension of the project or the ENGINEER’S services by the OWNER for a period of greater than ninety (90) calendar days, consecutive or in the aggregate. (d) Material changes in the conditions under which this Agreement was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. Payment of Invoices: Invoices are due and payable within 30 days of receipt unless otherwise agreed to in writing. Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the OWNER or the ENGINEER. The ENGINEER’S services under this Agreement are being performed solely and exclusively for the OWNER’S benefit, and no other party or entity shall have any claim against the ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, vendors and other entities involved in this Project to carry out the intent of this provision. Force Majeure: Each Party shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and the nonperforming party promptly provides notice of such prevention to the other party. Such excuse shall be continued so long as the condition constituting force majeure continues. The party affected by such force majeure also shall notify the other party of the anticipated duration of such force majeure, any actions being taken to avoid or minimize its effect after such occurrence, and shall take reasonable efforts to remove the condition constituting such force majeure. For purposes of this Agreement, “force majeure” shall include conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer. Additional Terms or Modification: All prior understandings and agreements between the parties are merged into this Agreement, and this Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by both parties. In the event that any provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under or interest in this Agreement without the prior written consent of the other party. Subcontracting normally contemplated by the ENGINEER shall not be considered an assignment for purposes of this Agreement. Waiver: A party’s waiver of, or the failure or delay in enforcing any provision of this Agreement shall not constitute a waiver of the provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Attorney’s Fees: In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover from the other all costs and expenses including without limitation the reasonable fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the Court may adjudge reasonable. Fiduciary Duty: Nothing in this Agreement is intended to create, nor shall it be construed to create, a fiduciary duty owed to either party to the other party. EEI makes no warranty, express or implied, as to its professional services rendered. Headings: The headings used in this Agreement are inserted only as a matter of convenience only, and in no way define, limit, enlarge, modify, explain or define the text thereof nor affect the construction or interpretation of this Agreement. Attachment B – Scope of Services Yorkville Public Works Building United City of Yorkville The United City of Yorkville intends to construct a new Public Works building with associated parking, sidewalks, fuel island, utility infrastructure and landscaping at 306 Boombah Boulevard in Yorkville. Our proposed scope of services for Construction Engineering will include the following: 3.1 Construction Administration  Attend the Preconstruction Meeting with the Contractor  Attend progress meetings with the Contractor and City on an As Needed Basis  Shop Drawing Review  Review Engineering Plans, Specifications and Prepare Field Book  Assist the Construction Manager with Pay Estimates and Change Orders  Assist the Construction Manager with Invoices and Waivers of Lien  Provide Weekly Updates to City or as Required Based on Onsite Activities 3.2 Construction Layout and Record Drawings  Stake Proposed Curb, Sidewalks, Pavement, Utilities, and Building Corners per scope as provided to R.C. Wegman Construction Company  Perform Post Construction Field Survey for Record Drawings  Prepare and Review Record Drawings 3.3 Construction Observation and Documentation  Review Staked layout for the proposed improvements  Take Pre-Construction Videos and Photos of Pre-Existing Conditions  Provide Resident Engineering Services for Construction on an As Needed Basis  Coordinate Any Required Testing on Behalf of the City and Review Test Reports  Provide Quantity Tracking, Documentation and Field Reports on an As Needed Basis  Perform Punch Walks, Prepare Punch List Letters and Provide Follow Up Inspections and Recommend Acceptance When Appropriate (2 Each)  Prepare Project Closeout Paperwork DIRECT EXPENSES The following scope of services will be provided by EEI’s subconsultant’s:  Material Testing – Rubino (Scope in Exhibit A)  Landscape Construction Administration – Hey and Associates, Inc. (Scope in Exhibit B) The above scope for “Yorkville Public Works Building” summarizes the work items that will be completed for this contract. Additional work items, including additional meetings beyond the meetings defined in the above scope shall be considered outside the scope of base contract and will be billed in accordance with the Standard Schedule of Charges. ATTACHMENT C: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBER United City of Yorkville YO2247-P PROJECT TITLE DATE PREPARED BY Yorkville Public Works Building ROLE PIC PM PE SPT2 PS ST ADMIN RATE $251 $218 $175 $182 $175 $146 $75 CONSTRUCTION ENGINEERING 3.1 Contract Administration 2 40 20 62 12,722.00$ 3.2 Construction Layout and Record Drawings 24 113 94 231 42,248.00$ 3.3 Observation and Documentation 2 20 220 3 245 43,587.00$ Construction Engineering Subtotal: 4 84 240 113 94 - 3 538 98,557.00$ 4 84 240 113 94 - 3 538 98,557.00 Assumptions DIRECT EXPENSES RE on site for 50 half days at 4 hours/day Printing/Scanning = 200.00$ Mileage = 3,250.00$ Material Testing (Rubino) = 88,245.50$ Landscape CA (Hey) = 5,000.00$ DIRECT EXPENSES = 96,695.50$ LABOR SUMMARY EEI Labor Expenses = 98,557.00$ TOTAL LABOR EXPENSES 98,557.00$ TOTAL COSTS 195,252.50$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com PROJECT TOTAL: CPD4/2/25 COSTTASK NO.TASK DESCRIPTION HOURS ATTACHMENT D: ESTIMATED SCHEDULE CLIENT PROJECT NUMBER United City of Yorkville YO2247-P PROJECT TITLE DATE PREPARED BY Yorkville Public Works Building CPD APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG CONSTRUCTION ENGINEERING 3.1 Contract Administration 3.2 Construction Layout and Record Drawings 3.3 Obesrvation and Documentation 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com TASK NO.TASK DESCRIPTION 4/2/25 2025 2026 EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $256.00 Principal E-3 $251.00 Senior Project Manager E-2 $243.00 Project Manager E-1 $218.00 Senior Project Engineer/Surveyor II P-6 $208.00 Senior Project Engineer/Surveyor I P-5 $193.00 Project Engineer/Surveyor P-4 $175.00 Senior Engineer/Surveyor P-3 $161.00 Engineer/Surveyor P-2 $146.00 Associate Engineer/Surveyor P-1 $132.00 Senior Project Technician II T-6 $182.00 Senior Project Technician I T-5 $171.00 Project Technician T-4 $159.00 Senior Technician T-3 $146.00 Technician T-2 $132.00 Associate Technician T-1 $115.00 Engineering/Land Surveying Intern I-1 $ 85.00 Director of Marketing and Business Development M-4 $135.00 Marketing Coordinator M-2 $100.00 Executive Administrative Assistant A-4 $ 80.00 Administrative Assistant A-3 $ 75.00 VEHICLES. DRONE, EXPERT TESTIMONY, REPROGRAPHICS AND DIRECT COSTS* Vehicle for Construction Observation $ 20.00 Unmanned Aircraft System / Unmanned Aerial Vehicle / Drone $235.00 Expert Testimony $290.00 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% *unless specified otherwise in agreement STANDARD SCHEDULE OF CHARGES ~ JANUARY 1, 2025 PROPOSAL Rubino Engineering, Inc. ● 425 Shepard Drive ● Elgin, IL 60123 ● (847) 931-1555 ● (847) 931-1560 fax April 2, 2025 To:Curtis P. Dettmann, PE Engineering Enterprises, Inc. Senior Project Manager 52 Wheeler Rd, Sugar Grove, IL 60554 630.466.6700 Re:Construction Materials Testing Services Proposed Yorkville Public Works Building In Yorkville, IL Proposal No. Q25.201 Via email: CDettmann@eeiweb.com Dear Mr. Dettmann, Rubino Engineering, Inc. is pleased to submit the following proposal to provide construction materials testing services for the above referenced project. PROJECT UNDERSTANDING Rubino Engineering, Inc. received a request for proposal from Curtis P. Dettmann, PE of Engineering Enterprises, Inc. on April 1, 2025 and the following outlines our understanding of the requested scope of services: Documents Received RFP phone call from Curtis P. Dettmann, PE of Engineering Enterprises, Inc. on April 2, 2025. Scope of Services EARTHWORK TESTING Field testing of on-site and borrow soil material o Compaction by the nuclear method, footing inspections and proof-rolls o Please call Rubino ONE WEEK PRIOR to Compaction testing so that Rubino can obtain samples to run a proctor before we are due on-site for testing. Laboratory testing of on-site and borrow soil material o Standard proctor ASTM D698 or Modified proctor ASTM D1557 Subgrade/ Subbase stone proof roll – parking and building pad INSPECTION OF FOOTING SUBGRADE Field testing of bottom of footing subgrade excavation o Unconfined compressive strength testing/ penetrometer testing CONCRETE TESTING – FOOTINGS AND FLOOR SLAB Field testing of uncured concrete and inspection of reinforcing steel o Slump, air, temperature, and casting of cylinders o Laboratory testing of cured concrete – compressive strength MASONRY TESTING Document the placement of and cast specimens for grout and mortar. o Laboratory compressive strength tests on cured mortar and grout samples BITUMINOUS PAVING AND EXTERIOR CONCRETE Field testing of hot mix asphalt (HMA) – density by the nuclear method Field testing of uncured concrete and inspection of reinforcing steel o Slump, air, temperature, and casting of cylinders o Laboratory testing of cured concrete – compressive strength STRUCTURAL STEEL Structural steel inspections during erection on a periodic basis o Visual inspection of representative field welds in general accordance with AWS D1.1. o Continuous Weld inspection, moment weld inspection, and testing with mag particle or ultrasonic methods are excluded from this scope. Advanced notice will be needed to outsource this work for an extra fee, if requested. Yorkville Public Works Building in Yorkville, IL – Construction Material Testing April 2, 2025 Rubino Proposal No. Q25.201 Rubino Engineering, Inc. Page 2 of 8 SOIL STABILIZATION MIX DESIGN Mix Design per IDOT’s Soil Modification with Various Materials procedure for either Lime or Cement (Reference IDOT’s Geotechnical Manual – 2020) o Hydrometer/Sieve Analysis on untreated soil o Atterberg Limit on untreated soil o Standard Proctor on untreated soil o Treated soil samples at three target modifier (either cement or lime) contents for IBV testing o IBV testing of treated soil samples using a Dynamic Cone Penetrometer (DCP) o Standard Proctor on treated soil at the target modifier content o Recommend a target modifier content and provide an application rate (LB/SY) and treatment thickness o A sample of either lime or cement (depending on the material recommended for the mix design) from the contractor’s source is required prior to Rubino performing laboratory testing on treated soils. Field Testing o Compaction Testing by the nuclear method o Application rate of either lime or cement testing o Dynamic Cone Penetrometer (DCP) Testing LPC 662 TESTING pH testing in accordance with IEPA LPC-662 requirements Extras Re-inspection for failed tests Laboratory testing of HMA - Bulk SG, Max SG, and Loss on Ignition Floor Flatness testing Work areas not ready for inspection at the time scheduled Delays by the contractor Cancellations Overtime Any services not described and listed above Rubino Engineering, Inc. proposes to provide experienced, technical personnel to perform the requested testing in general accordance with the client-provided project specifications. If any of the above information is incorrect, please notify us or change it on the signed copy of the proposal. The following summarizes our preliminary estimate for testing and is subject to change based on final scheduling: Item Estimated Number of trips Half / Full Day * EARTHWORK TESTING 15 Full (8 hours) INSPECTION OF FOOTING SUBGRADE 15 Full (8 hours) CONCRETE TESTING – FOOTINGS AND FLOOR SLAB 10 Full (8 hours) MASONRY TESTING 4 Half (4 hours) BITUMINOUS PAVING AND EXTERIOR CONCRETE 15 Full (8 hours) STRUCTURAL STEEL 5 Full (8 hours) *Portal to Portal Yorkville Public Works Building in Yorkville, IL – Construction Material Testing April 2, 2025 Rubino Proposal No. Q25.201 Rubino Engineering, Inc. Page 3 of 8 FEES The work will be accomplished on a unit price basis in accordance with the Rubino Engineering, Inc. Schedule of Services and Fees, and will be performed pursuant to the attached General Conditions. Copies of our Schedule of Services and Fees and General Conditions are enclosed herewith and incorporated into this proposal. Yorkville Public Works Building in Yorkville, IL – Construction Material Testing April 2, 2025 Rubino Proposal No. Q25.201 Rubino Engineering, Inc. Page 4 of 8 Rubino Engineering, Inc.’s fees will be determined by the actual amount of technical time expended for this project and the amount of laboratory testing performed by the client’s request. Rubino Engineering, Inc. will proceed with the planned work only after receiving a signed copy of this proposal. Please complete the attached Project Data Sheet before returning the proposal to enable your file to be properly established. PROJECT SCHEDULING CLOSING Rubino appreciates the opportunity to offer our services for this project and we look forward to working with your company. Please contact me with questions pertaining to this proposal or requests for additional services. Respectfully submitted, RUBINO ENGINEERING, INC. Michelle A. Lipinski, PE President michelle.lipinski@rubinoeng.com RUBINO ENGINEERING, INC. IS: AN AASHTO-ACCREDITED LABORATORY IDOT PREQUALIFIED IDOT DBE-CERTIFIED (100% WOMAN-OWNED) Please book testing services prior to 4pm the day before testing is needed via our website: https://rubinoeng.com/schedule-field-testing The office and field project manager will be notified, and you will receive a confirmation email and possibly a follow up phone call or email for additional project information. Changes to the schedule or cancellations: scheduling@rubinoeng.com Please call the office with any questions or changes to the schedule between 8am to 4pm. Late or Same Day Scheduling will result in additional time charges for coordination and overtime. Yorkville Public Works Building in Yorkville, IL – Construction Material Testing April 2, 2025 Rubino Proposal No. Q25.201 Rubino Engineering, Inc. Page 5 of 8 AUTHORIZATION AND PROPOSAL ACCEPTANCE If this proposal is acceptable to you, Rubino Engineering, Inc. will perform the work in accordance with the attached General Conditions that are incorporated into and made a part of this proposal. Please sign below as notice to proceed and return one copy of this proposal intact to our office. We will proceed with the work upon receipt of signed authorization. AGREED TO, THIS _________DAY OF _____________________, 20__. BY (please print):___________________________________________________ TITLE:___________________________________________________ COMPANY:___________________________________________________ SIGNATURE:___________________________________________________ PROJECT INFORMATION: 1. Project Name:______________________________________________________________ 2. Project Location:____________________________________________________________ 3. Your Job No: _____________________ Purchase Order No.: _____________________ 4. Project Manager: ________________________ Telephone No.:_____________________ 5. Site Contact: ___________________________ Telephone No.:_____________________ 6. Number and Distribution of Reports: ( ) Copies To:__________________________ ( ) Copies To: _____________________ Attn: _________________________________ Attn: _____________________________ Email: _______________________________Email:___________________________ ( ) Copies To:__________________________ ( ) Copies To: _____________________ Attn: _________________________________ Attn: _____________________________ Email: _______________________________Email:___________________________ 7. Invoicing Address: __________________________________________________________ _________________________________________________________ _________________________________________________________ Attn: _____________________________________________________ Email: ___________________________________________________ 8. Other Pertinent Information Or Previous Subsurface Information Available: _________________________________________________________________________ _________________________________________________________________________ Yorkville Public Works Building in Yorkville, IL – Construction Material Testing April 2, 2025 Rubino Proposal No. Q25.201 Rubino Engineering, Inc. Page 6 of 8 Per Cylinder 18.90$ Maxim um Theoretical Specific Gravity Each 168.00$ Bulk Specific Gravity Each 144.00$ Ignition Oven Tes t / Reflux Extraction Each 192.00$ Auto Extraction Each 275.00$ Core Dens ities Each 50.00$ Sieve Analys is (Was hed)Each 120.00$ Sam ple preparation for the above tes ts Each 50.00$ Cylinder Pick Up / Sam ple Pick Up (not including vehicle charge)Per Hour 110.00$ Per Hour 115.00$ Per Hour Overtim e (before 7am , after 3pm and Saturdays )172.50$ Per Hour Overtim e Sundays and Holidays 230.00$ Per Hour 120.00$ Per Hour Overtim e (before 7am , after 3pm and Saturdays )180.00$ Per Hour Overtim e Sundays and Holidays 240.00$ Vehicle Charge - Round Trip Per Day 65.00$ Nuclear Dens ity Gauge Per Day 47.00$ Principal Engineer Per Hour 185.00$ Project Engineer/Manager Per Hour 135.00$ ENGINEERING SERVICES EQUIPMENT CHARGES MATERIAL TESTER - 2 - Field testing of soil MATERIAL TESTER - 1 - Field inspection of uncured concrete and asphalt. LABORATORY TESTING SERVICES Rubino Engineering, Inc. Schedule of Construction Materials Testing Services & Fees through December 31, 2025 (Illinois Prevailing W age) Com pres s ion tes ting of concrete, m ortar and grout s pecim ens by ASTM procedures As phalt REMARKS 1)All fees and services are provided in accordance with the attached Rubino Engineering, Inc. General Conditions. 2)Unit prices/rates are in effect for 6 months from the date of this proposal and are subject to change without notice thereafter if not noted above. 3) Overtime rates are applicable for services performed in excess of 8 hours per day Monday through Friday, before 7:00 AM or after 3:00 PM, and for all hours worked on Saturdays, Sundays and holidays. The overtime rate is 1.5 times the applicable hourly rate. Sundays and holidays are double time. 4)All rates are billed on a portal-to-portal basis. 5)Standby time due to delays beyond our control will be charged at the applicable hourly rate. 6)Transportation and per diem are charged at the applicable rates per trip. 7)Rates involving mileage (including transportation, mobilization, vehicle and trip charges) are subject to change based upon increases in the national average gasoline price. 8)A minimum charge of 4 hours applies to field testing and observation services up to 4 hours. Over 4 hours a minimum of 8 hours applies. Time calculated portal to portal and includes equipment loading, travel, and report preparation. 9)Scheduling or cancellation of field testing and observation services is required no less than the working day prior to the date the services are to be performed. Services cancelled without advance and/or inadequate notice will be assessed a minimum 4-hour charge. 10)For all Rubino Engineering, Inc. services, a project management/engineering review charge will be billed for all reports issued for the scheduling/supervision of personnel and the evaluation/review of data and reports. 11)The minimum billing increment for time is a half hour. 12)A project set-up charge of a minimum of two hours applies to all projects. 13)Professional Services rates are exclusive of expert deposition or testimony time. 14) This proposal is based on Rubino Engineering, Inc. being scheduled on an on-call basis and letters of certification will not be provided unless Rubino Engineering, Inc. is notified in advance and Rubino Engineering, Inc. is scheduled for full time inspection and testing of the area or item to be certified. 15)If special inspections are required by the city where the construction is to take place, it must be brought to the attention of Rubino Engineering, Inc. prior to the start of construction as additional charges will apply. 16)Prevailing wage fees are subject to change based on the Illinois Department of Labor. 17)Services and fees not listed on this schedule may be quoted on request. Yorkville Public Works Building in Yorkville, IL – Construction Material Testing April 2, 2025 Rubino Proposal No. Q25.201 Rubino Engineering, Inc. Page 7 of 8 Yorkville Public Works Building in Yorkville, IL – Construction Material Testing April 2, 2025 Rubino Proposal No. Q25.201 Rubino Engineering, Inc. Page 8 of 8 GENERAL CONDITIONS 1. PARTIES AND SCOPE OF SERVICES: Rubino Engineering, Inc. shall include said company or its particular division, subsidiary or affiliate performing the services. “Services” means the specific geotechnical, analytical, testing or other service to be performed by Rubino Engineering, Inc. as set forth in Rubino Engineering, Inc.’s proposal, Client’s acceptance thereof and these General Conditions. Additional services ordered by Client shall also be subject to these General Conditions. “Client” refers to the person or business entity ordering the services to be done by Rubino Engineering, Inc. If Client is ordering the services on behalf of another, Client represents and warrants that it is the duly authorized agent of said party for the purpose of ordering and directing said services. Unless otherwise stated in writing, Client assumes sole responsibility for determining whether the quantity and the nature of the services ordered by the client is adequate and sufficient for Client’s intended purpose. Client shall communicate these General Conditions to each and every third party to whom Client transmits any part of Rubino Engineering, Inc.’s services. Rubino Engineering, Inc. shall have no duty or obligation to any third party greater than that set forth in Rubino Engineering, Inc.’s proposal, Client’s acceptance thereof and these General Conditions. The ordering of services from Rubino Engineering, Inc., or the reliance on any of Rubino Engineering, Inc.’s work, shall constitute acceptance of the terms of Rubino Engineering, Inc.’s proposal and these General Conditions, regardless of the terms of any subsequently issued document. 2. TESTS AND INSPECTIONS: Client shall cause all tests and inspection of the site, materials and work performed by Rubino Engineering, Inc. or others to be timely and properly performed in accordance with the plans, specifications and contract documents and Rubino Engineering, Inc.’s recommendations. No claims for loss, damage or injury shall by brought against Rubino Engineering, Inc. by Client or any third party unless all tests and inspections have been so performed and unless Rubino Engineering, Inc.’s recommendations have been followed. Client agrees to indemnify, defend and hold Rubino Engineering, Inc., its officers, employees and agents harmless from any and all claims, suits, losses, costs and expenses, including, but not limited to, court costs and reasonable attorney’s fees in the event that all such tests and inspections are not so performed or Rubino Engineering, Inc.’s recommendations are not so followed except to the extent that such failure is the result of the negligence, willful or wanton act of omission of Rubino Engineering, Inc., its officers, agents or employees, subject to the limitation contained in paragraph 9. 3. SCHEDULING OF SERVICES: The services set forth in Rubino Engineering, Inc.’s proposal and Client’s acceptance will be accomplished in a timely, workmanlike and professional manner by RUBINO ENGINEERING, INC. personnel at the prices quoted. If Rubino Engineering, Inc. is required to delay commencement of the services or if, upon embarking upon its services, Rubino Engineering, Inc. is required to stop or interrupt the progress of its services as a result of changes in the scope of the services requested by Client, to fulfill the requirements of third parties, interruptions in the progress of construction, or other causes beyond the direct reasonable control of Rubino Engineering, Inc., additional charges will be applicable and payable by Client. 4. ACCESS TO SITE: Client will arrange and provide such access to the site as is necessary for Rubino Engineering, Inc. to perform the services. Rubino Engineering, Inc. shall take reasonable measures and precautions to minimize damage to the site and any improvements located thereon as the result of its services or the use of its equipment; however, Rubino Engineering, Inc. has not included in its fee the cost of restoration of damage which may occur. If Client desires or requires Rubino Engineering, Inc. to restore the site to its former condition, upon written request Rubino Engineering, Inc. will perform such additional services as is necessary to do so and Client agrees to pay Rubino Engineering, Inc. for the cost. 5. CLIENT’S DUTY TO NOTIFY ENGINEER: Client represents and warrants that it has advised Rubino Engineering, Inc. of any known or suspected hazardous materials, utility lines and pollutants at any site at which Rubino Engineering, Inc. is to perform services hereunder, and unless Rubino Engineering, Inc. has assumed in writing the responsibility of locating subsurface objects, structures, lines or conduits. Rubino Engineering, Inc. may use such information in performing its services and is entitled to rely upon the accuracy and completeness thereof. Client agrees to defend, indemnify and save Rubino Engineering, Inc. harmless from all claims, suits, loses costs and expenses, including reasonable attorney’s fees as a result of personal injury, death or property damage occurring with respect to Rubino Engineering, Inc.’s performance of its work and resulting to or caused by contact with subsurface of latent objects, structures, lines or conduits where the actual or potential presence and location thereof were not revealed to Rubino Engineering, Inc. by Client and/or by any of Client’s subcontractors or sub consultants 6. RESPONSIBILITY: Rubino Engineering, Inc.’s services shall not include determining, supervising or implementing the means, methods, techniques, sequences or procedures of construction. Rubino Engineering, Inc. shall not be responsible for evaluating, reporting or affecting job conditions concerning health, safety or welfare. Rubino Engineering, Inc.’s services or failure to perform same shall not in any way excuse any contractor, subcontractor or supplier from performance of its work in accordance with the contract documents. Rubino Engineering, Inc. has no right or duty to stop the contractor’s work. 7. SAMPLE DISPOSAL: Unless otherwise agreed in writing, test specimens or samples will be disposed immediately upon completion of the test. All drilling samples or specimens will be disposed sixty (60) days after submission of Rubino Engineering, Inc.’s report. 8. PAYMENT: Client shall be invoiced once each month for services performed during the preceding period. Client agrees to pay each invoice within thirty (30) days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause in writing with said thirty (30) day period at the rate of eighteen (18) percent per annum (or the maximum interest rate permitted under applicable law), until paid. Client agrees to pay Rubino Engineering, Inc.’s cost of collection of all amounts due and unpaid after sixty (60) days, including court costs and reasonable attorney’s fees. Rubino Engineering, Inc. shall not be bound by any provision or agreement requiring or providing for arbitration or disputes or controversies arising out of this agreement, any provision wherein Rubino Engineering, Inc. waives any rights to a mechanics’ lien, or any provision conditioning Rubino Engineering, Inc.’s right to receive payment for its services upon payment to Client by any third party. These General Conditions are notice, where required, that Rubino Engineering, Inc. shall file a lien whenever necessary to collect past due amounts. Release of such lien shall be given only when payment in full has been received for services duly rendered. Failure to make payment within thirty (30) days of invoice shall constitute a release of Rubino Engineering, Inc. from any and all claims which Client may have, whether in tort, contract or otherwise and whether known or unknown at the time. 9. STANDARD OF CARE: RUBINO ENGINEERING, INC.’S SERVICES WILL BE PERFORMED, ITS FINDINGS OBTAINED AND ITS REPORTS PREPARED IN ACCORDANCE WITH ITS PROPOSAL, CLIENT’S ACCEPTANCE THEREOF, THESE GENERAL CONDITIONS AND WITH GENERALLY ACCEPTED PRINCIPLES AND PRACTICES. IN PERFORMING ITS PROFESSIONAL SERVICES, RUBINO ENGINEERING, INC. WILL USE THAT DEGREE OF CARE AND SKILL ORDINARILY EXERCISED UNDER SIMILAR CIRCUMSTANCES BY MEMBERS OF ITS PROFESSION. RUBINO ENGINEERING, INC. MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH ITS SERVICES PROVIDED AS SET FORTH IN ITS PROPOSAL, CLIENT’S ACCEPTANCE THEREOF, AND THESE GENERAL CONDITIONS. STATEMENTS MADE IN RUBINO ENGINEERING, INC. REPORTS ARE OPINIONS BASED UPON ENGINEERING JUDGMENT AND ARE NOT TO BE CONSTRUED AS REPRESENTATIONS OF FACT. SHOULD RUBINO ENGINEERING, INC. OR ANY OF ITS PROFESSIONAL EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF ITS WORK, OR TO HAVE MADE AND BREACHED ANY EXPRESSED OR IMPLIED WARRANTY, REPRESENTATION OR CONTRACT, CLIENT, ALL PARTIES CLAIMING THROUGH CLIENT AND ALL PARTIES CLAIMING TO HAVE IN ANY WAY RELIED UPON RUBINO ENGINEERING, INC.’S WORK, AGREE THAT THE MAXIMUM AGGREGATE AMOUNT OF THE LIABILITY OF RUBINO ENGINEERING, INC., ITS OFFICERS, EMPLOYEES AND AGENTS SHALL BE LIMITED TO $10,000.00 OR THE TOTAL AMOUNT OF THE FEE PAID TO RUBINO ENGINEERING, INC. FOR ITS WORK PERFORMED WITH RESPECT TO THE PROJECT, WHICHEVER AMOUNT IS GREATER. NO ACTION OR CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE, MAY BE BROUGHT AGAINST RUBINO ENGINEERING, INC., ARISING FROM OR RELATED TO RUBINO ENGINEERING, INC.’S WORK, MORE THAN TWO (2) YEARS AFTER THE CESSATION OF RUBINO ENGINEERING, INC.’S WORK HEREUNDER. 10. INDEMNITY: To the fullest extent permitted by law, Client and Rubino Engineering, Inc. each agree to indemnify the other party and the other party’s officers, directors, partners, employees, and representatives, from and against losses, damages, and judgments arising from claims by third parties, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent they are found to be caused by a negligent act, error, or omission of the indemnifying party or any of the indemnifying party’s officers, directors, members, partners, agents, employees, subcontractors, or subconsultants in the performance of services under this Agreement. If claims, losses, damages, and judgments are found to be caused by the joint or concurrent negligence of Client and Rubino Engineering, Inc., they shall be borne by each party in proportion to its negligence. 11. TERMINATION: This Agreement may be terminated by either party upon seven (7) days’ prior written notice. In the event of termination, Rubino Engineering, Inc. shall be compensated by Client for all services performed up to and including the termination date, including reimbursable expenses and for the completion of such services and records as are necessary to place Rubino Engineering, Inc.’s files in order and/or protect its professional reputation. Failure of Client to make payments when due shall be cause for suspension of services or, ultimately, termination, unless and until Rubino Engineering Inc. has been paid in full all amounts due for services, expenses and other related changes. 12. DISPUTE RESOLUTION: In the event of a dispute arising out of or relating to this Agreement or the services to be rendered hereunder, the Client and Rubino Engineering, Inc. agree to attempt to resolve such disputes in the following manner: 1) The parties agree to attempt to resolve any and all unsettled claims, counterclaims, disputes and other matters in question through direct negotiations between the appropriate representatives of each party; 2) If such negotiations are not fully successful, the parties agree to submit any and all remaining unsettled claims, counterclaims, disputes and other matters in question to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association, effective as of the date of this Agreement. 13. WITNESS FEES: Rubino Engineering, Inc.’s employees shall not be retained as expert witnesses except by separate written agreement. Client agrees to pay Rubino Engineering, Inc.’s legal expenses, administrative costs and fees pursuant to Rubino Engineering, Inc.’s then current fee schedule for Rubino Engineering, Inc. to respond to any subpoena. 14. NO HIRE: Client agrees not to hire Rubino Engineering, Inc.’s employees except through Rubino Engineering, Inc. In the event Client hires a Rubino Engineering, Inc. employee, Client shall pay Rubino Engineering, Inc. an amount equal to one-half of the employee’s annualized salary, with Rubino Engineering, Inc. waiving other remedies it may have. 15. HAZARDOUS MATERIALS: Nothing contained within this agreement shall be construed or interpreted as requiring Rubino Engineering, Inc. to assume the status of an owner, operator, generator, storer, transporter, treater or disposal facility as those terms appear within RCRA, CERCLA, or within any Federal or State statute or regulation governing the generation, transportation, treatment, storage and disposal of pollutants. Client assumes full responsibility for compliance with the provisions of RCRA, CERCLA, and any other Federal or State statute or regulation governing the handling, treatment, storage and disposal of pollutants. 16. PROVISIONS SEVERABLE: The parties have entered into this agreement in good faith and it is the specific intent of the parties that the terms of the General Conditions be enforced as written. In the event any of the provisions of these General Conditions should be found to be unenforceable, it shall be stricken and the remaining provisions shall be enforceable. 17. ENTIRE AGREEMENT: This agreement constitutes the entire understanding of the parties, and there are no representations, warranties or undertakings made other than as set forth herein. This agreement may be amended, modified or terminated only in writing, signed by each of the parties hereto. Hey and Associates, Inc. Engineering, Ecology and Landscape Architecture 8755 W. HIGGINS ROAD, SUITE 835 CHICAGO, ILLINOIS 60631 PHONE (773) 693-9200 FAX (773) 693-9202 March 31, 2025 Curtis Dettmann, PE Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, IL 60554 Proposal No.: 25-0114 Re: Professional Services for: City of Yorkville Public Works Building Landscape Architecture Construction Phase Services Dear Curtis: Thank you for the opportunity to submit this proposal to Engineering Enterprises, Inc. (EEI) for professional landscape architecture construction phase services for a new City of Yorkville (City) public works facility. We have enjoyed working with you during design and look forward to the successful construction of the project. SCOPE OF SERVICES The following scope of services is proposed. Task 1. Professional Construction Phase Services We will:  Review Submittals for conformance with the landscape plans prepared by Hey and Associates.  Respond to Requests for Information (RFIs) pertaining to landscape issues .  Assist with the preparation or review of landscape change orders at the client’s request.  Conduct field inspections of landscape materials and/or layout. Brief written reports (e.g., email) will be provided.  Conduct an inspection of landscape work upon notification of substantial completion. We will provide a written punch list of any observed non-conforming work.  Conduct a final landscape inspection upon notification that all punch list items have been addressed.  A modest amount of time has been included for project team meetings and other such coordination. Fees and Reimbursable Expenses Not-to-Exceed: $5,000 Total Fees and Reimbursable Expenses Not-to-Exceed: $5,000 Curtis Dettmann City of Yorkville Public Works Building Landscape Architecture March 31, 2025 Page 2 If this agreement is acceptable, please sign below and return this proposal to our office. This proposal is valid for 60 days from the date of this letter. Our Standard Terms and Conditions are attached and incorporated by reference. Should you have any questions, please contact the project manager, Tim Pollowy, in our Chicago office at 847.404.3845 or tpollowy@heyassoc.com . Hey and Associates, Inc. Engineering Enterprises, Inc. Attest Attest Date Date Compensation Hey and Associates, Inc. Exhibit A Standard Terms and Conditions Page 1 Volo l Chicago l Richland Center heyassoc.com Reimbursable Expense Reimbursable expenses shall be reimbursed at cost plus an 8% administrative service charge. Such expenses shall include, but are not necessarily limited to travel, reproduction, shipping/delivery, aerial photographs, phone and other communication charges, consultants and subcontractor fees, equipment and supply costs related to the execution of the project. Fixed reimbursable expense costs are as follows: Travel $ .75/mile Copies $ .20/page Software/Digital Resource Charge $100.00/project ATV Usage $ 40.00/hour ATV Discing, Herbicide, Spraying, Mowing $ 45.00/hour Boat Usage $ 75.00/hour Chain Saw Usage $ 20.00/hour Additional Plotting, B & W $ .90/sq. ft. Additional Plotting, Color $ 2.75/sq. ft. Flow Meter $ 50.00/day GPS Rover $350.00/day Total Station/GPS Equipment $100.00/day Unmanned Aerial Reconnaissance Per Project Liability Limits of Liability Workers' Compensation and Employer's Liability $ 500,000 each incident Commercial General Liability $ 2,000,000 Professional Liability $ 2,000,000 Automobile Liability $ 1,000,000 Profession Hourly Bill Rate Engineering Senior Principal Civil Engineer $240 Principal Civil Engineer $220 Senior Civil Engineer $200 Civil Engineer V $185 Civil Engineer I to IV $140-180 Engineering Technician I to V $120-160 Field Services Manager $175 Ecological Services Senior Principal Ecologist $220 Senior Project Scientist $190 Environmental Services Manager $170 Environmental Scientist I to V $125-165 Environmental Intern $70 Landscape Architecture Senior Landscape Architect $195 Landscape Architect I to V $135-175 Landscape Designer $130 Design Support CAD Technician $110 GIS Specialist $110 Administration Executive Administrator $135 Accounting Administrator $110 Office Administrator $105 Expert Testimony Rates to be determined on per-project basis Insurance Throughout the duration of the project, Hey will procure and maintain the following insurance: Within the limits of this insurance, Hey agrees to hold the Client harmless from and against loss, damage, injury or liability arising directly from the negligent acts or omissions of employees, agents, or subcontractors of Hey. Client will limit any and all liability, claim for damages, losses, cost of defense, or expenses to be levied against Hey on account of any design defect, error, omission, or professional negligence to a sum not to exceed the amount of Hey's fee under this agreement. Should the Client require other types of insurance coverage, limits in excess of the above limits, and/or certificates naming any other(s) than the Client as additional insured parties, Hey’s cost of obtaining such coverage, limits, or certificates shall be reimbursable by the Client. Hey and Associates, Inc. Exhibit A Standard Terms and Conditions Page 2 Volo l Chicago l Richland Center heyassoc.com Billing Billings shall be on a monthly basis and are payable upon receipt. An additional charge of 1½ percent per month (18% per annum) shall be applied to any balance unpaid more than 30 days beyond date of invoice. Client shall pay any attorney’s fees, court costs or other expenses incurred collecting delinquent accounts. All invoices paid by credit card will be charged an additional 3.5% processing fee. Hey and Associates Inc. (Hey), with seven (7) days written notice, reserves the right to suspend or terminate work under this agreement on any account that is past due. The Client's obligation to pay for the work contracted is in no way dependent upon the Client's ability to obtain financing, zoning, permit approval by governmental or regulatory agencies, or upon the Client's successful completion of the project. The rates presented herein are effective for the period January 1, 2025 through December 31, 2025. Limitation of Costs Hey will not be obligated to continue performance or incur costs beyond the estimated costs unless the Client agrees in writing to a revised cost estimate. Client’s Responsibilities Client shall arrange for access to and make all provisions for Hey to enter upon private and public property as required for Hey to perform services under this Agreement. Client shall provide Hey with all existing available information regarding this project as required. Hey shall be entitled to rely upon information and documentation provided by the Client or consultants retained by the Client in relation to this project, however Hey assumes no responsibility or liability for their completeness or accuracy. Cost Opinions Any cost opinions or project economic evaluations provided by Hey will be on the basis of experience and judgment, but, because Hey has no control over market conditions or bidding procedures, we cannot warrant that bids, construction cost, or project economics will not vary from these opinions. Standard of Care The standard of care for all services performed by Hey under the agreement will be the care and skill ordinarily used by members of Hey’s profession practicing under similar circumstances at the same time and in the same locality. Hey makes no warranties, express or implied, under this Agreement or otherwise, in connection with Hey’s services. Means & Methods Hey will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the construction of the subject project(s). Mutual Indemnification Subject to the foregoing provisions, Contractor agrees, to the fullest extent permitted by law, to indemnify and hold harmless Hey, its officers, directors, employees and agents from and against any liabilities, damages and costs (including reasonable attorneys’ fees and costs of defense) arising out of the death or bodily injury to any person or the destruction or damage to any property, to the extent caused, during the performance of Services under this Agreement, by the negligent acts, errors or omissions of the Contractor or anyone for whom the Contractor is legally responsible, subject to any limitations of liability contained in this Agreement. Hey agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Contractor, its officers, directors, employees and agents from any liabilities, damages and costs (including reasonable attorney’s fees and costs of defense) to the extent caused by the negligent acts, errors or omissions of Hey, Hey’s contractors, consultants or anyone for whom Hey is legally liable. Copyright Indemnification To the fullest extent permitted by law, Client shall indemnify and hold harmless Hey from and against any and all costs, losses and damages (including but not limited to all attorney fees and charges, all court or arbitration or other dispute resolution costs, and any time spent by Hey in defense of any such claims) resulting from any claims brought against Hey alleging copyright, trademark, or patent infringement or any other cause of action or regulatory decision resulting from Heys use of, or reliance on, the design, plans and specifications provided by the Client for the Project. This provision shall survive the completion of the services provided under this Agreement. Consequential Damages To the fullest extent permitted by law, Client and Hey waive against each other, and the other’s employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project. Termination Either party may terminate this Agreement upon not less than seven (7) days written notice should the other party fail to substantially perform in accordance with the terms of this Agreement through no fault of the terminating party. Hey may terminate this Agreement for its convenience and without cause by providing not less than seven (7) days written notice. If Client terminates this Agreement for its convenience and without cause, Client agrees to compensate Hey for services performed prior to the termination, together with Reimbursable Expenses incurred and costs attributable to termination, including the costs attributable to Hey’s termination of consultant agreements and authorized Additional Services. Dispute Resolution Client and Hey agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement or the breach thereof (“Disputes”) to mediation. If such mediation is unsuccessful in resolving a Dispute, then such Dispute shall be resolved by a court of competent jurisdiction. 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 2025-39 North Receiving Station and Northwest EWST Bid Results and Loan Recommendation Public Works Committee – April 15, 2025 None Informational Summary of Bid Results and Cost Increases for the North Receiving Station and Northwest EWST Projects and Recommendations for IEPA and WIFIA Loans Brad Sanderson Engineering Name Department Bids were received, opened, and tabulated for work to be done on the North Receiving Station on April 3, 2025, and for the Northwest Elevated Water Storage Tank (EWST) on April 7, 2025. The North Receiving Station project is for receiving the City’s future Lake Michigan Supply by DuPage Water Commission (DWC), including the following: new building adjacent to the City’s existing Well 8 Water Treatment Plant to house new pressure reducing components and booster pumps for future boosting, chemical feed equipment, all piping components required by DWC with provisions for future expansion including additional pumps and connection to a future ground storage tank, electrical including emergency generator, new altitude valve station for the existing EWST on site, and associated appurtenances and site work. The Northwest EWST consists of a two (2) million gallon elevated tank, including associated appurtenances and site work, for meeting future storage needs of that part of the system coinciding with future planned development, and for meeting future storage requirements by DWC. Please recall that the original cost estimates were developed several years ago as part of the project planning and approval process for the City to seek both Illinois Environmental Protection Agency (IEPA) and Water Infrastructure Finance and Innovation Act (WIFIA) funding. While the cost estimates were adjusted for both during the course of ongoing planning and then design and for preparing the final Engineer’s Estimates, the total bids received were higher than anticipated for both projects. The following are reasons for the large cost increases: 1. Costs for the major equipment on both projects, including pumps, altitude valve, and electrical including the generator for the North Receiving Station and for the Northwest Tank construction itself, appear to have been in line with the Estimate’s. However, there has been additional significant inflation in the construction industry, which coupled with increased volatility and unpredictability more recently has resulted in significant material cost increases, particularly for mechanical and electrical work. 2. Most significantly, there is a lot of work currently for mechanical and electrical contractors and a relatively small number that specialize in this type of construction. This combined with the factors previously mentioned have translated to a less favorable bidding climate currently, driving up costs in particular for mechanical and electrical work. The Receiving Station is a relatively unique building compared to typical building construction, and is relatively more complicated in terms of the piping and components required by DWC that were clarified as design progressed, as well as the additional provisions incorporated in the Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Jori Behland, City Clerk Rob Fredrickson, Finance Director Date: April 22, 2025 Subject: North Receiving Station and Northwest Elevated Water Storage Tank Bid Results and Loan Recommendation station for the City’s future growth and to be able to provide the future flows projected while still meeting the current needs. As a result, the mechanical and electrical are significant components of the North Receiving Station project. 3. Contract time appears to be a factor, in that it appears that some of the subcontractors and suppliers may have increased their pricing for bid to account for the time between now and when they will begin ordering materials, which with the loan closing is at least several months, possibly as much as 6+ months for the Receiving Station. Please also note that the North Receiving Station contract completion is 600 days to account for equipment lead times (including electrical) and allow flexibility for coordination with DWC to complete their site improvements. For the Receiving Station, we anticipate the majority of the construction will also likely not be completed until over a year from now, and it appears that additional cost escalation was factored in to cover things. 4. The IEPA loan needs to be executed by the end of June, and the City would lose the current guaranteed loan funding this year if rebidding the project (they would potentially qualify for funding again next year but it is not guaranteed that the projects will score high enough). IEPA has provided positive feedback about potentially obtaining additional IEPA funding through a revised loan application and debt authorization ordinance, for which coordination is ongoing. Note that regardless, it appears unlikely that rebidding the project would obtain lower bids, and that bids would either come in the same or likely be higher. The summary of total costs is as follows: Total Construction Bid Cost $6,786,500.00 (North Receiving Station) $9,998,339.60 (Northwest EWST) $16,784,839.60 Design Engineering Cost $279,368.00 (North Receiving Station) $258,234.00 (Northwest EWST) $537,602.00 Construction Engineering Cost $407,992.00 (North Receiving Station) $395,405.00 (Northwest EWST) $803,397.00 Total Cost: $18,125,838.60 As noted, the projects are included in the IEPA’s Intended Funding List to receive loan funding through the State Revolving Fund (SRF) Public Water Supply Loan Program (PWSLP). The original total requested loan amount, which the City is guaranteed to receive if the loan closes by the end of June 2025, is $14,241,000. The City’s current debt authorization ordinance for this loan allows them to borrow up to $15,665,000. EEI and the City are coordinating on a revised loan application and debt authorization ordinance that would allow the City to request the full amount. IEPA has provided feedback that additional funds are available in this current year, but cannot guarantee the total cost amount above until the revised loan application and ordinance are approved and submitted along with the remaining loan checklist documentation currently in process. The IEPA has also verified that taking this approach will still allow the loan to close within the required timeframe (by end of June 2025). If additional funding is not able to be obtained, or is less than the final total cost, the remaining balance will still be eligible for WIFIA funding. The City is in the process of finalizing a WIFIA loan agreement with USEPA in the coming months. Per the terms of the loan given the City’s population status at the time of the initial loan application, the WIFIA loan can provide funds for up to 80% of all eligible project costs, and the City is responsible for the remaining 20%. Besides the subject projects, the loan includes multiple other water infrastructure projects including the DWC supply transmission main, which is the single largest cost component. Both the IEPA and WIFIA loan terms include a deferred payment schedule after all work on the loan projects is completed, although the IEPA low interest loan rate is lower than the WIFIA interest rate. At this time, we recommend proceeding with the revised loan application and revised debt authorization ordinance, both to be approved by the City no later than the April 22nd City Council meeting, to look to maximize the amount of IEPA low interest loan funding that can be obtained for both projects. If you have any questions or require additional information, please let us know. Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number New Business #5 Tracking Number PW 2025-40 Northwest Elevated Water Storage Tank – Notice of Intent to Award Public Works Committee – April 15, 2025 Majority Consideration of Contract Notice of Intent to Award Northwest Elevated Water Storage Tank – Recommendation to Issue Notice of Intent to Award Brad Sanderson Engineering Name Department Bids were received, opened, and tabulated for work to be done on the Northwest Elevated Water Storage Tank at 1:00 p.m., April 7, 2025. Representatives of contractors bidding the project and our firm were in attendance. A tabulation of the bids and the engineer’s estimate is attached for your information and record. This project consists of the design and construction of a 2,000,000-gallon elevated water storage tank with a top capacity line at 810 feet, as well as the installation of approximately 150 feet of 20-inch, and 1,880 feet of 16-inch ductile iron water main, site grading, paving, and other site improvements as set forth in the bid documents. Only one bid was received for this project, which was expected. There is only one contractor in the area that is capable of constructing a tank of this size that also meets the experience requirements for the project. This project is included in the Illinois Environmental Protection Agency’s (IEPA) Intended Funding List to receive loan funding through the State Revolving Fund (SRF) Public Water Supply Loan Program (PWSLP). The next step is to issue the Notice of Intent to Award and submit it with the bid results and remaining final loan application documentation to the IEPA for approval, after which the final Notice of Award will be issued. Regarding the bid results of the Northwest Elevated Tank project, we recommend the acceptance of the bid and approval of the Notice of Intent to Award be made to the low bidder, CB&I Storage Solutions, LLC, 14105 S. Route 59, Plainfield, IL 60554 in the total amount of $9,998,339.60. If you have any questions or require additional information, please let us know. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Jori Behland, City Clerk Rob Fredrickson, Finance Director Date: April 15, 2025 Subject: Northwest Elevated Water Storage Tank BID TABULATIONBIDS RECD 4/7/2025 ITEMUNITNO.DESCRIPTIONUNIT QUANTITYPRICE AMOUNT1 FENCE REMOVALFOOT 55 9.58$ 526.90$ 2 CONSTRUCTION SITE PERIMETER FENCEFOOT 1,250 6.89$ 8,612.50$ 3 PERIMETER EROSION BARRIERFOOT 1,250 5.38$ 6,725.00$ 4 TEMPORARY DITCH FILTEREACH 1 265.88$ 265.88$ 5 INLET PROTECTIONEACH 1 371.37$ 371.37$ 6 STABILIZED CONSTRUCTION ENTRANCESQYD 125 145.32$ 18,165.00$ 7 RESTORATION, SEEDING - PRAIRIE SEED MIXACRE 1 18,137.78$ 18,137.78$ 8 RESTORATION, SEEDING - CLASS 2AACRE 1 18,245.43$ 18,245.43$ 9TREE, QUERCUS MACROCARPA, 4" CALIPER, BALLED AND BURLAPPEDEACH 3 1,501.61$ 4,504.83$ 10 SHRUB, THUJA OCCIDENTALIS (BAILJOHN), TECHNITO ARBORVITAE, 4' HEIGHT, BALLED AND BURLAPPEDEACH 10 554.36$ 5,543.60$ 11 EARTH EXCAVATION (SITEWORK ONLY)CUYD 405 34.45$ 13,952.25$ 12 REMOVAL AND DISPOSAL OF UNSUITABLE MATERIALTONS 25 34.45$ 861.25$ 13NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL - TYPE 1TONS 150 141.01$ 21,151.50$ 14 NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL - TYPE 2TONS 150 90.42$ 13,563.00$ 15 AGGREGATE SUBGRADE IMPROVEMENT 12-INCHSQYD 680 55.97$ 38,059.60$ 16 AGGREGATE SHOULDERS, TYPE B, 6"SQYD 130 41.98$ 5,457.40$ 17 HOT-MIX ASPHALT BINDER COURSE, IL-19.0, N50TONS 155 150.70$ 23,358.50$ 18 HOT-MIX ASPHALT SURFACE COURSE, MIX D, N50TONS 80 161.46$ 12,916.80$ 19 BITUMINOUS MATERIALS (TACK COAT)POUND 155 3.71$ 575.05$ 20 PORTLAND CEMENT CONCRETE SIDEWALK 6-INCHSQFT 130 29.60$ 3,848.00$ 21 FOUNDATION MATERIALCUYD 75 150.70$ 11,302.50$ Plainfield, IL 6055414105 S. Route 59BID TABULATIONNORTHWEST ELEVATED WATER STORAGE TANKUNITED CITY OF YORKVILLECB&I Storage Tank SolutionsENGINEERING ENTERPRISES, INC.52 WHEELER ROAD, SUGAR GROVE, ILLINOIS BID TABULATIONBIDS RECD 4/7/2025 ITEMUNITNO.DESCRIPTIONUNIT QUANTITYPRICE AMOUNTPlainfield, IL 6055414105 S. Route 59BID TABULATIONNORTHWEST ELEVATED WATER STORAGE TANKUNITED CITY OF YORKVILLECB&I Storage Tank Solutions22 WATER MAIN, D.I.P, CLASS 52, WITH CATHODIC PROTECTION AND POLYETHYLENE WRAP, 20-INCHFOOT 115 333.69$ 38,374.35$ 23 WATER MAIN, D.I.P, CLASS 54, WITH POLYETHYLENE WRAP, 20-INCHFOOT 30 409.04$ 12,271.20$ 24 WATER MAIN, D.I.P, CLASS 52, WITH POLYETHYLENE WRAP, 16-INCHFOOT 1,885 209.90$ 395,661.50$ 25 DUCTILE IRON FITTINGSPOUND 3,000 20.40$ 61,200.00$ 26 FIELD LOK GASKET, 20"EACH 9 1,060.28$ 9,542.52$ 27 FIELD LOK GASKET, 16"EACH 13 726.59$ 9,445.67$ 28 BUTTERFLY VALVE AND VALVE VAULT, 20" VALVE IN 72" VAULTEACH 1 18,799.78$ 18,799.78$ 29 BUTTERFLY VALVE AND VALVE VAULT, 16" VALVE IN 60" VAULTEACH 3 16,490.85$ 49,472.55$ 30 FIRE HYDRANT ASSEMBLY, WITH AUXILIARY VALVE, 6-INCH MJEACH 3 12,109.80$ 36,329.40$ 31 CONNECTION TO EXISTING WATER MAIN, 16-INCH EACH 1 2,852.53$ 2,852.53$ 32 WATER MAIN TESTING - PRESSURE AND DISINFECTIONEACH 1 10,258.34$ 10,258.34$ 33 STORM SEWERS, CLASS A, TYPE 2, 15"FOOT 50 88.27$ 4,413.50$ 34 PRECAST REINFORCED CONCRETE FLARED END SECTIONS 15"EACH 2 1,776.10$ 3,552.20$ 35 CATCH BASINS, TYPE A, 5' DIAMETER, TYPE 1 FRAME, CLOSED LIDEACH 1 6,587.73$ 6,587.73$ 36 CHAIN LINK FENCE, BLACK VINYL COATED, 8' TALLFOOT 1,010 61.79$ 62,407.90$ 37 ROLLER GATEEACH 1 5,715.82$ 5,715.82$ 38 SIGN PANEL - TYPE 1SQFT 8 602.80$ 4,822.40$ 39 TELESCOPING STEEL SIGN SUPPORTFOOT 15 16.15$ 242.25$ 40 CONCRETE BOLLARDEACH 1 1,991.39$ 1,991.39$ 41 SPLASH PADEACH 1 1,345.53$ 1,345.53$ 42 TRAFFIC CONTROL & PROTECTIONLSUM 1 8,826.70$ 8,826.70$ 43 QUAZITE HANDHOLEEACH 3 9,947.26$ 29,841.78$ ENGINEERING ENTERPRISES, INC.52 WHEELER ROAD, SUGAR GROVE, ILLINOIS BID TABULATIONBIDS RECD 4/7/2025 ITEMUNITNO.DESCRIPTIONUNIT QUANTITYPRICE AMOUNTPlainfield, IL 6055414105 S. Route 59BID TABULATIONNORTHWEST ELEVATED WATER STORAGE TANKUNITED CITY OF YORKVILLECB&I Storage Tank Solutions44 ELECTRICAL SERVICE INSTALLATION, COMPLETELSUM 1 12,942.95$ 12,942.95$ 45 3-INCH PVC, PCC ENCASED CONDUIT, POWER SUPPLYFOOT 150 199.14$ 29,871.00$ 46 3-INCH RIGID CONDUIT, DIRECTIONALLY DRILLED, POWER SUPPLYFOOT 235 165.77$ 38,955.95$ 47 ELECTRIC CABLE IN CONDUIT, 3/C #4/0FOOT 425 54.90$ 23,332.50$ 48 2-INCH PVC, PCC ENCASED CONDUIT, LIGHTINGFOOT 250 116.25$ 29,062.50$ 49 ELECTRIC CABLE IN CONDUIT, 3/C #4/0 CU, #10/0 GROUND FOOT 350 10.76$ 3,766.00$ 50 CAT5E CABLE IN PCC ENCASED CONDUIT, 2 CABLEFOOT 350 6.15$ 2,152.50$ 51 HUBBELL RATIO PAR 3 LIGHT POLE WITH PCC FOUNDATION, COMPLETEEACH 2 17,551.13$ 35,102.26$ 52 CCTV SECURITY CAMERA SYSTEM, 4-CAMERA, CABINET AND ANTENNA, COMPLETELSUM 1 38,898.82$ 38,898.82$ 53 CHLORINE ANALYZERLSUM 1 21,313.24$ 21,313.24$ 54 SCADA, COMPLETE AND OPERATIONALLSUM 1 42,885.90$ 42,885.90$ 55 6" PVC CONDUIT WITH CAPPED ENDSFOOT 360 149.09$ 53,672.40$ 56 SUMP SERVICE, 6 - INCH PVC SDR 26FOOT 45 102.26$ 4,601.70$ 57 ELEVATED WATER STORAGE TANK - 2,000,000 GALLON SINGLE PEDESTAL SPHEROID INCLUDING DESIGN AND CONSTRUCTION LSUM 1 6,589,770.01$ 6,589,770.01$ 58 FOUNDATION AND UTILITY ROOM, INCLUDING PIPING, BUTTERFLY VALVE, ELECTRICAL CONDUITS AND APPURTENANCES FOR ITEM 52, INCLUDING DESIGN AND CONSTRUCTION LSUM 1 1,224,300.59$ 1,224,300.59$ 59 TESTING AND DISINFECTION FOR FINAL COMPLETIONLSUM 1 3,767.49$ 3,767.49$ 60 EXTERIOR PAINTING, COMPLETE LSUM 1 334,891.28$ 334,891.28$ 61 INTERIOR PAINTING, COMPLETE (WET AREA)LSUM 1 297,456.02$ 297,456.02$ 62 INTERIOR PAINTING, COMPLETE (DRY AREA)LSUM 1 122,290.64$ 122,290.64$ 63 LETTERING AND LOGOLSUM 1 89,206.67$ 89,206.67$ TOTAL (Items 1-63)9,998,339.60$ Highlighted box indicates updated total from bid. ENGINEERING ENTERPRISES, INC.52 WHEELER ROAD, SUGAR GROVE, ILLINOIS Page 1 of 1BID TABULATIONCB&I Storage Tank SolutionsBIDS RECEIVED 1:00 P.M. 04/07/25 14105 S. Route 59Plainfield, IL 60554TOTAL BID$9,998,339.60ADDENDUM #1XADDENDUM #2XBID BONDXSIGNED BIDXATTENDED PRE-BID MEETINGXBID SUMMARYNORTHWEST ELEVATED WATER STORAGE TANKUNITED CITY OF YORKVILLEENGINEERING ENTERPRISES, INC.52 WHEELER ROAD, SUGAR GROVE, ILLINOIS NIA-01 TO: NOTICE OF INTENT TO AWARD Plainfield, IL 60544 PROJECT Description: The Northwest Elevated Water Storage Tank project consists of the design and construction of a 2,000,000 gallon elevated water storage tank with a top capacity line at 810 feet, as well as the installation of approximately 150 feet of 20-inch, and approximately 1880 feet of 16-inch ductile iron water main, and site grading, paving, and other site improvements.. The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for BIDS dated February 20, 2025, and Information for Bidders. You are hereby notified that your BID has been accepted, contingent upon Illinois Environment Protection Agency (IEPA) approval, for items in the amount of $ Nine million nine hundred ninety eight thousand three hundred thirty nine and 60/100 Dollars ($9,998,339.60) . You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR’S Performance BOND, Payment BOND, and certificates of insurance within ten (10) calendar days from the date of the final Notice to be sent upon IEPA approval, to you. Dated this 22 day of April , 20 25 . United City of Yorkville Owner By Title Mayor CB&I Storage Tank Solutions LLC 14105 S. Route 59 NOTICE OF INTENT TO AWARD Page 2 NIA-02 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. 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 2025-41 Northwest Elevated Water Storage Tank Construction Engineering Agreement Public Works Committee – April 15, 2025 Majority Approval Please see the attached memo. Eric Dhuse Public Works Name Department Summary A proposed Professional Service Agreement from EEI for the construction engineering services for the northwest water tower. Background This 2-million-gallon elevated water storage tank (EWST) will be located just north of Corneils Rd. on Eldamain Rd. This location was chosen to serve residential and data center needs along with assisting in brining us into compliance with the DWC mandate to have 2 times our average day water use in storage. EEI is proposing an hourly rate professional service agreement in the amount of $395,405 to perform construction engineering services during the construction of this tank. The services proposed would get us from the pre-construction meeting through the one-year warranty inspection. EEI would provide shop drawing review, construction oversight, IEPA coordination, and preparation of all O & M manuals and warranties. There is $280,000 budgeted in the FY26 budget for construction engineering. Since this is project is expected to a full year to complete, the balance of the construction engineering budget will be paid for out of the FY 27 budget. Recommendation Staff recommends approval of this professional service agreement with EEI in the amount of $395,405. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, City Administrator Date: April 10, 2025 Subject: Construction Engineering Agreement Resolution No. 2025-____ Page 1 Resolution No. 2025-_____ RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING AN ENGINEERING AGREEMENT WITH ENGINEERING ENTERPRISES, INC. WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a non- home rule municipality duly organized and validly existing in accordance with the Constitution of the State of Illinois and the laws of this State; and WHEREAS, the City’s Public Works Department plans to construct a new elevated water storage tank (the “Project”); and WHEREAS, completion of the Project will require engineering services conducted by an outside engineering firm; and WHEREAS, Engineering Enterprises, Inc., of Sugar Grove, Illinois (“EEI”), has prepared an agreement between EEI and the City for engineering services related to the Project (the “Agreement”), said Agreement being attached hereto as Exhibit A; and WHEREAS, EEI has provided engineering services for various projects completed by the City, and the City administration has found that EEI is a qualified and experienced engineering firm; and WHEREAS, the City administration recommends approval of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council (the “Corporate Authorities”) of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The foregoing recitals are hereby incorporated in this Resolution as the findings of the Corporate Authorities. Section 2. The Mayor and City Clerk are hereby authorized to execute an Agreement for Professional Services – Northwest Elevated Water Storage Tank (Construction), attached Resolution No. 2025-____ Page 2 hereto as Exhibit A. Section 3. 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 ____ day of __________________, A.D. 2025. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ MAYOR Attest: ___________________________________ City Clerk NORTHWEST ELEVATED WATER UNITED CITY OF YORKVILLE STORAGE TANK (CONSTRUCTION) PAGE 1 Agreement for Professional Services Northwest Elevated Water Storage Tank (Construction) United City of Yorkville 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 provide construction administration, coordination, layout, and inspection and to complete all necessary engineering services to the City as indicated on the included Attachment B. Services to be provided include all professional engineering services for the construction of a new elevated water storage tank. All Engineering will be in accordance with all City, Standards for Sewer and Water Main Construction in Illinois 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 Estimate of Level of Effort and Associated Cost included in Attachment C and associated Scope of Work included as Attachment B. Construction Engineering will be paid for on an hourly or actual basis in a not to exceed amount of $395,405. The hourly rates for this project are shown in the attached 2025 Standard Schedule of Charges. All payments will be made accordingly 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. NORTHWEST ELEVATED WATER UNITED CITY OF YORKVILLE STORAGE TANK (CONSTRUCTION) PAGE 2 E. Ownership of Records and Documents: ENGINEER agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. ENGINEER agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the freedom of information act or if already previously disclosed by a third party. Upon termination of this agreement, ENGINEER agrees to return all such materials to the City. The City agrees not to modify any original documents produced by ENGINEER without ENGINEER’S consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER’s sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER’s sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kendall County, Illinois. G. Independent Contractor: ENGINEER shall have sole control over the manner and means of providing the work and services performed under this agreement. The City’s relationship to the ENGINEER under this agreement shall be that of an independent contractor. ENGINEER will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The 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 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. NORTHWEST ELEVATED WATER UNITED CITY OF YORKVILLE STORAGE TANK (CONSTRUCTION) PAGE 3 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 ENGINEERS, 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 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. NORTHWEST ELEVATED WATER UNITED CITY OF YORKVILLE STORAGE TANK (CONSTRUCTION) PAGE 4 United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in accordance with requirements imposed by the Internal Revenue Services for withholding and reporting federal income taxes.) The ENGINEER certifies that he/she is a: x United States Citizen ___ Resident Alien ___ Non-Resident Alien The Internal Revenue Service requires that taxes be withheld on payments made to non resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the ENGINEER certifies that its Federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): ___ Individual ___ Real Estate Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation ___ Trust or Estate ___ Medical and Health Care Services Provider Corp. I. Indemnification: ENGINEER shall indemnify and hold harmless the City and City’s agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by ENGINEER or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of ENGINEER or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall the either party indemnify any other party for the consequences of that party’s negligence, including failure to follow the ENGINEER’s recommendations. J. Insurance: The ENGINEER agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied) 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 NORTHWEST ELEVATED WATER UNITED CITY OF YORKVILLE STORAGE TANK (CONSTRUCTION) PAGE 5 remaining provisions shall be valid and binding on the parties. The list of Attachments are as follows: Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Attachment C: Estimated Level of Effort and Associated Cost Attachment D: Anticipated Project Schedule Attachment E: 2025 Standard Schedule of Charges Attachment F: EPA 5700-49 Certification of Debarment Suspension Attachment G: IEPA Contract Requirements Attachment H: Supplemental WIFIA Contract Clauses L. Notices: All notices required to be given under the terms of this agreement shall be given mail, addressed to the parties as follows: For the City: For the ENGINEER: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 651 Prairie Pointe Drive Sugar Grove Illinois 60554 Yorkville, IL 60560 Either of the parties may designate in writing from time-to-time substitute addresses or persons in connection with required notices. Agreed to this ___day of _________, 2025. United City of Yorkville: Engineering Enterprises, Inc.: _________________________________ ________________________________ John Purcell Bradley P. Sanderson Mayor Chief Operating Officer /President _________________________________ ________________________________ Jori Behland Todd Wells City Clerk Project Manager NORTHWEST ELEVATED WATER UNITED CITY OF YORKVILLE STORAGE TANK (CONSTRUCTION) PAGE 1 STANDARD TERMS AND CONDITIONS Attachment A Agreement: These Standard Terms and Conditions, together with the Professional Services Agreement, constitute the entire integrated agreement between the OWNER and Engineering Enterprises, Inc. (EEI) (hereinafter “Agreement”), and take precedence over any other provisions between the Parties. These terms may be amended, but only if both parties consent in writing. However, to the extent that the Scope of Work differs from the Standard Terms and Conditions, the Scope of Work document controls. Standard of Care: In providing services under this Agreement, the ENGINEER will endeavor to perform in a matter consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under same circumstances in the same locality. ENGINEER makes no other warranties, express or implied, written or oral under this Agreement or otherwise, in connection with ENGINEER’S service. Construction Engineering and Inspection: The ENGINEER shall not supervise, direct, control, or have authority over any contractor work, nor have authority over or be responsible for the means, methods, techniques sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety of the site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor’s furnishing and performing of its work. The ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for contractor’s failure to furnish and perform the work in accordance with the contract documents. The ENGINEER is not responsible for the acts or omissions of any contractor, subcontractor, or supplies, or any of their agents or employees or any other person at the site or otherwise furnishing or performing any work. Shop drawing and submittal review by the ENGINEER shall apply to only the items in the submissions and only for the purpose of assessing if upon installation or incorporation in the project work they are generally consistent with the construction documentsௗ OWNER agrees that the contractor is solely responsible for the submissions and for compliance with the construction documentsௗ OWNER further agrees that the ENGINEER’S review and action in relation to these submissions shall not constitute the provision of PHDQV PHWKRGV WHFKQLTXHV VHTXHQFLQJ RU SURFHGXUHV RI FRQVWUXFWLRQ RU H[WHQG RU VDIHW\ SURJUDPV RU SUHFDXWLRQV ௗ7KH ENGINEER’S consideration of a component does not constitute acceptance of the assembled items. 7KH(1*,1((5¶6VLWHREVHUYDWLRQGXULQJFRQVWUXFWLRQVKDOOEHDWWKHWLPHVDJUHHGXSRQLQWKH3URMHFW6FRSHௗ7KURXJKVWDQGDUG, UHDVRQDEOHPHDQVWKH(1*,1((5ZLOOEHFRPHJHQHUDOO\IDPLOLDUZLWKREVHUYDEOHFRPSOHWHGZRUNௗ,IWKH(1*,1((5REVHUYHV completed work that is inconsistent with the construction documents, that information shall be communicated to the contractor DQGௗ2:1(5IRUWKHPWRDGGUHVV Opinion of Probable Construction Costs: ENGINEER’S opinion of probable construction costs represents ENGINEER’S best and reasonable judgment as a professional engineer. OWNER acknowledges that ENGINEER has no control over construction costs of contractor’s methods of determining pricing, or over competitive bidding by contractors, or of market conditions or changes thereto. ENGINEER cannot and does not guarantee that proposals, bids or actual construction costs will not vary from ENGINEER’S opinion of probable construction costs. Copies of Documents & Electronic Compatibility: Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also known as hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, ENGINEER makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning of the project. Changed Conditions: If, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to the ENGINEER are revealed, to the extent that they affect the scope of services, compensation, schedule, allocation of risks, or other material terms of this Agreement, the ENGINEER may call for renegotiation of appropriate portions of this Agreement. The ENGINEER shall notify the OWNER of the changed conditions necessitating renegotiation, and the ENGINEER and the OWNER shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this Agreement, in accordance with the termination provision hereof. Hazardous Conditions: OWNER represents to ENGINEER that to the best of its knowledge no Hazardous Conditions (environmental or otherwise) exist on the project site. If a Hazardous Condition is encountered or alleged, ENGINEER shall have the obligation to notify OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental officials. It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a Hazardous Condition. In the event ENGINEER or any other party encounters a Hazardous Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the project affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Condition; and (ii) warrants that the project site is in full compliance with applicable Laws and Regulations. ENGINEER NORTHWEST ELEVATED WATER UNITED CITY OF YORKVILLE STORAGE TANK (CONSTRUCTION) PAGE 2 agrees to cooperate with the OWNER, as necessary, to remediate a Hazardous Condition, but same may result in additional costs to the OWNER. Consequential Damages: Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective officers, directors, partners, employees, contractors, or subcontractors shall be liable to the other or shall make any claim for any incidental, indirect, or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. Termination: This Agreement may be terminated for convenience, without cause, upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation as set forth in the Professional Services Agreement for all costs incurred through the date of termination. Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days’ written notice for the following reasons: (a) Substantial failure by the other party to comply with or perform in accordance with the terms of the Agreement and through no fault of the terminating party; (b) Assignment of the Agreement or transfer of the project without the prior written consent of the other party; (c) Suspension of the project or the ENGINEER’S services by the OWNER for a period of greater than ninety (90) calendar days, consecutive or in the aggregate. (d) Material changes in the conditions under which this Agreement was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. Payment of Invoices: Invoices are due and payable within 30 days of receipt unless otherwise agreed to in writing. Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the OWNER or the ENGINEER. The ENGINEER’S services under this Agreement are being performed solely and exclusively for the OWNER’S benefit, and no other party or entity shall have any claim against the ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, vendors and other entities involved in this Project to carry out the intent of this provision. Force Majeure: Each Party shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and the nonperforming party promptly provides notice of such prevention to the other party. Such excuse shall be continued so long as the condition constituting force majeure continues. The party affected by such force majeure also shall notify the other party of the anticipated duration of such force majeure, any actions being taken to avoid or minimize its effect after such occurrence, and shall take reasonable efforts to remove the condition constituting such force majeure. For purposes of this Agreement, “force majeure” shall include conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer. Additional Terms or Modification: All prior understandings and agreements between the parties are merged into this Agreement, and this Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by both parties. In the event that any provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under or interest in this Agreement without the prior written consent of the other party. Subcontracting normally contemplated by the ENGINEER shall not be considered an assignment for purposes of this Agreement. Waiver: A party’s waiver of, or the failure or delay in enforcing any provision of this Agreement shall not constitute a waiver of the provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Attorney’s Fees: In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover from the other all costs and expenses including without limitation the reasonable fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the Court may adjudge reasonable. Fiduciary Duty: Nothing in this Agreement is intended to create, nor shall it be construed to create, a fiduciary duty owed to either party to the other party. EEI makes no warranty, express or implied, as to its professional services rendered. Headings: The headings used in this Agreement are inserted only as a matter of convenience only, and in no way define, limit, enlarge, modify, explain or define the text thereof nor affect the construction or interpretation of this Agreement. NORTHWEST ELEVATED WATER UNITED CITY OF YORKVILLE STORAGE TANK (CONSTRUCTION) PAGE 1 SCOPE OF SERVICES Attachment B NORTHWEST ELEVATED WATER STORAGE TANK CONSTRUCTION ENGINEERING United City of Yorkville, Kendall County, IL The United City of Yorkville is constructing a spheroidal style 2.0 MG Elevated Water Storage Tank (spheroid) on a previously undeveloped site at 1700 Eldamain Road, including off-site connection water main. Our scope of services related to this project includes Construction Engineering. Below is a list of work items in more detail: CONSTRUCTION ENGINEERING 3-1 Construction Administration o Precon Meeting (Preparation and Attendance) o Review of Shop Drawings o Obtain/Provide All Construction Documents from Contractor o Prepare and Coordinate Operating Permit from the IEPA o Prepare Pay Estimates o Daily/Weekly Updates to City o Bi-weekly Progress Meetings (Assuming 52 Active Construction Weeks) o On-going Communication/Coordination with Contractor (RFIs) o Review of O&M Manuals/Warranties o Prepare and Deliver O&M Manuals/Warranties o Perform Substantial Completion Inspection o Punchlist o One-Year Anniversary Review & Warranty 3-2 Construction Layout and Record Drawings 3-3 Construction Observation (Assuming 52 Active Construction Weeks) - Construction observation work will range from part-time to full-time efforts depending on the contractor’s work activity and the criticality of the associated work activity. DIRECT EXPENSES/SUB-CONSULTANTS x Mileage x Geotechnical Engineering Services x Electrical Engineering Services This Scope of Work and associated Estimated Level of Effort and Associated Cost (Attachment D) assume a project completion date of November 30, 2026, except for warranty on anniversary review work which would be completed by November 30, 2027. If work extends beyond this completion date, the additional work shall be considered outside the scope of the base contract and will be billed in accordance with the Standard Schedule of Charges. NORTHWEST ELEVATED WATER UNITED CITY OF YORKVILLE STORAGE TANK (CONSTRUCTION) PAGE 2 Furthermore, the above scope for “NORTHWEST ELEVATED WATER STORAGE TANK – CONSTRUCTION ENGINEERING” 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 YO 2418 PROJECT TITLE DATE PREPARED BY Northwest Elevated Water Storage Tank - Construction Engineering ROLE PIC SPM PM SPE II PE PLS CADD ADMIN PERSON BPS MGS TAW MWS AMN JMB KKP DRA RATE $256 $243 $218 $208 $175 $182 $182 $75 3.1 CONSTRUCTION ADMINISTRATION Precon Meeting (Preparation and Attendance) 3 6 3 3 15 3,225$ Review of Shop Drawings 12 28 40 7,396$ Obtain/Provide Construction Documents 4 4 8 1,532$ Prepare and Coordinate Operating Permit from IEPA 4 4 8 1,532$ Daily/Weekly Updates to City 13 52 52 117 22,750$ Bi-Weekly Progress Meetings 26 13 26 26 91 19,448$ Communication/Coordination with Contractor (RFIs) 8 16 40 8 72 12,672$ Review of O&M Manual/Warranties 1 4 4 9 1,750$ Perform Substantial Complete Inspection 2 8 8 18 3,500$ Punchlist 8 16 24 4,464$ One-Year Anniversary Review and Warranty 8 16 24 4,464$ Task Subtotal: 29 - 43 145 201 - - 8 426 82,733$ 3.2 CONSTRUCTION LAYOUT AND RECORD DRAWINGS Office Preparation 4 4 972$ Field Staking 35 35 6,370$ As-Builts 10 10 1,820$ Easement Review and Staking 3 3 546$ Task Subtotal: - 4 - - - 48 - - 52 9,708$ 3.3 CONSTRUCTION OBSERVATION Construction Observation 26 336 1,240 1,602 292,556$ - -$ Task Subtotal: - - 26 336 1,240 - - - 1,602 292,556$ 29 4 69 481 1,441 48 - 8 2,080 384,997 EEI STAFF DIRECT EXPENSES BPS Bradley P. Sanderson, PE Mileage = 3,380$ TAW Todd A. Wells, PE Geotechnical Engineering = 4,000$ MWS Michael W. Schweisthal, PE Electrical Engineering = 4,000$ AMN Adam M. Noon, EI DIRECT EXPENSES = 11,380$ MGS Mark G. Scheller, PLS JMB Joshua M. Boatman, PLS LABOR SUMMARY KKP Kristopher K. Pung EEI Labor Expenses = 384,025$ DRA Deborah R. Anderson TOTAL LABOR EXPENSES 384,025$ TOTAL COSTS 395,405$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com PROJECT TOTAL: TAW4/8/25 COSTTASK NO.TASK DESCRIPTION HOURS ATTACHMENT D: ESTIMATED SCHEDULECLIENT PROJECT NUMBERUnited City of YorkvilleYO 2418PROJECT TITLEDATE PREPARED BYNorthwest Elevated Water Storage Tank - Construction EngineeringTAWJAN FEB MAR APRIL MAY JUNE JULY AUG SEPT OCT NOV DECCONSTRUCTION ENGINEERING3.1 Construction Administration3.2 Construction Layout and Administration3.3 Construction ObservationJAN FEB MAR APRIL MAY JUNE JULY AUG SEPT OCT NOV DECCONSTRUCTION ENGINEERING3.1 Construction Administration3.2 Construction Layout and Administration3.3 Construction ObservationNOTE: The anniversary review and associated warranty work are anticipated to complete in November 2027. 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.comTASK NO.TASK DESCRIPTION4/8/252025TASK NO.TASK DESCRIPTION2026 EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $256.00 Principal E-3 $251.00 Senior Project Manager E-2 $243.00 Project Manager E-1 $218.00 Senior Project Engineer/Surveyor II P-6 $208.00 Senior Project Engineer/Surveyor I P-5 $193.00 Project Engineer/Surveyor P-4 $175.00 Senior Engineer/Surveyor P-3 $161.00 Engineer/Surveyor P-2 $146.00 Associate Engineer/Surveyor P-1 $132.00 Senior Project Technician II T-6 $182.00 Senior Project Technician I T-5 $171.00 Project Technician T-4 $159.00 Senior Technician T-3 $146.00 Technician T-2 $132.00 Associate Technician T-1 $115.00 Engineering/Land Surveying Intern I-1 $ 85.00 Director of Marketing and Business Development M-4 $135.00 Marketing Coordinator M-2 $100.00 Executive Administrative Assistant A-4 $ 80.00 Administrative Assistant A-3 $ 75.00 VEHICLES. DRONE, EXPERT TESTIMONY, REPROGRAPHICS AND DIRECT COSTS* Vehicle for Construction Observation $ 20.00 Unmanned Aircraft System / Unmanned Aerial Vehicle / Drone $235.00 Expert Testimony $290.00 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% *unless specified otherwise in agreement STANDARD SCHEDULE OF CHARGES ~ JANUARY 1, 2025 United States Environmental Protection Agency Washington, D.C. 20460 Certification Regarding Debarment, Suspension, and Other Responsibility Matters The prospective participant certifies to the best of its knowledge and belief that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible,(a) or voluntarily excluded from covered transactions by any Federal department or agency; Have not within a three year period preceding this proposal been convicted of or had(b) a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public: (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Are not presently indicted for or other(c) wise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and Have not within a three-year period preceding this application/proposal had one or(d) more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. Typed Name and Title of Authorized Representative Signature of Authorized Representative Date I am unable to certify to the above statements. May explanation is attached. EPA FORM 5700-49 (11-88) (3$3URMHFW&RQWURO1XPEHU 4/9/2025 L17-6788 Todd A. Wells - Project Manager ATTACHMENT G IEPA PROFESSIONAL SERVICES CONTRACT CLAUSES Audit and Access to Records Clause: A. Books, records, documents and other evidence directly pertinent to performance of PWSLP/WPCLP loan work under this agreement shall be maintained in accordance with generally accepted Accounting Principles. The Agency or any of its authorized representatives shall have access to the books, records, documents and other evidence for the purpose of inspection, audit and copying. Facilities shall be provided for access and inspection. B. Audits conducted pursuant to this provision shall be in accordance with auditing standards generally accepted in the United States of America. C. All information and reports resulting from access to records pursuant to the above shall be disclosed to the Agency. The auditing agency shall afford the engineer an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. D. The final audit report shall include the written comments, if any, of the audited parties. E. Records shall be maintained and made available during performance of project services under this agreement and for three years after the final loan closing. In addition, those records that relate to any dispute pursuant to the Loan Rules Section 365.650 or Section 662.650 (Disputes) or litigation or the settlement of claims arising out of project performance or costs or items to which an audit exception has been taken, shall be maintained and made available for three years after the resolution of the appeal, litigation, claim or exception. Covenant Against Contingent Fees: The professional services contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bonafide employees. For breach or violation of this warranty, the loan recipient shall have the right to annul this agreement without liability or in its discretion to deduct from the contract price or consideration or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. Certification Regarding Debarment, Suspension and Other Responsibility Matters: Form EPA 5700-49 is signed and attached as part of Attachment F-2. USEPA Nondiscrimination Clause: The contractor (engineer) shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. USEPA Fair Share Percentage Clause: The engineer agrees to take affirmative steps to assure that disadvantaged business enterprises are utilized when possible as sources of supplies, equipment, construction and services in accordance with the [WPC or PWS] Loan Program rules. As required by the award conditions of USEPA's Assistance Agreement with Illinois EPA, the engineer acknowledges that the fair share percentages are 5% for MBEs & 12% for WBEs”. ATTACHMENT H SUPPLEMENTAL USEPA / WIFIA PROFESSIONAL SERVICES CONTRACT CLAUSES ECONOMIC AND MISCELLANEOUS AUTHORITIES DEBARMENT AND SUSPENSION AND PROHIBITIONS RELATING TO VIOLATIONS OF CWA AND CAA WITH RESPECT TO FEDERAL CONTRACTS, GRANTS, OR LOANS Debarment and Suspension. Contractor certifies that it will not knowingly enter into a contract with anyone who is ineligible under the 2 CFR part 180 and part 1532 (per Executive Order 12549, 51 FR 6370, February 21, 1986) or who is prohibited under Section 306 of the Clean Air Act or Section 508 of the Clean Water Act to participate in the [Project]. Suspension and debarment information can be accessed at http://www.sam.gov. Contractor represents and warrants that it has or will include a term or conditions requiring compliance with this provision in all of its subcontracts under this Agreement. NEW RESTRICTIONS ON LOBBYING Federal Lobbying Restrictions (31 U.S.C 1352). Recipients of federal financial assistance may not pay any person for influencing or attempting to influence any officer or employee of a federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress with respect to the award, continuation, renewal, amendment, or modification of a federal grant, loan, or contract. These requirements are implemented for USEPA in 40 CFR Part 34, which also describes types of activities, such as legislative liaison activities and professional and technical services, which are not subject to this prohibition. Upon award of this contract, Contractor shall complete and submit to the City the certification and disclosure forms in Appendix A and Appendix B to 40 CFR Part 34. Contractor shall also require all subcontractors and suppliers of any tier awarded a subcontract over $100,000 to similarly complete and submit the certification and disclosure forms pursuant to the process set forth in 40 CFR 34.110. Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number New Business #7 Tracking Number PW 2025-42 North Receiving Station – Notice of Intent to Award Public Works Committee – April 15, 2025 Majority Consideration of Contract Notice of Intent to Award North Receiving Station – Recommendation to Issue Notice of Intent to Award Brad Sanderson Engineering Name Department Bids were received, opened, and tabulated for work to be done on the North Receiving Station at 11:00 a.m., April 3, 2025. Representatives of contractors bidding the project and our firm were in attendance. A tabulation of the bids and the engineer’s estimate is attached for your information and record. This project consists of the North Receiving Station for the City’s future Lake Michigan Supply by DuPage Water Commission (DWC), including the following: new building adjacent to the City’s existing Well 8 Water Treatment Plant to house new pressure reducing components and pumps for future boosting, chemical feed equipment, all piping components required by DWC with provisions for future expansion including additional pumps and connection to a future onsite ground storage tank, electrical including emergency standby generator, new altitude valve station for the existing elevated water storage tank on site, and associated appurtenances and site work. The low bid was approximately 15% above our engineer’s estimate. This project is included in the Illinois Environmental Protection Agency’s (IEPA) Intended Funding List to receive loan funding through the State Revolving Fund (SRF) Public Water Supply Loan Program (PWSLP). The next step is to issue the Notice of Intent to Award and submit it with the bid results and remaining final loan application documentation to the IEPA for approval, after which the final Notice of Award will be issued. Regarding the bid results of the North Receiving Station project, we recommend the acceptance of the bid and approval of the Notice of Intent to Award be made to the low bidder, Whittaker Construction & Excavating, Inc., P.O. Box 21, 105 E. Park Street, Earlville, IL 60518, in the total amount of $6,786,500.00. If you have any questions or require additional information, please let us know. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Jori Behland, City Clerk Rob Fredrickson, Finance Director Date: April 22, 2025 Subject: North Receiving Station Page 1 of 4ENGINEER'S ESTIMATE Granite Construction IHC Construction John Burns Construction Joseph J. Henderson Lite Construction, Inc. BID TABULATIONCompany Companies, LLC Company, LLC & Son, Inc. BIDS RECEIVED 11:00 A.M. 04/03/25 52 Wheeler Road 216 Jefferson Street 385 Airport Rd, Ste 100 999 Oakmont Plaza Drive 4288 Old Grand Avenue 711 S Lake Street Sugar Grove, IL 60554 Chicago, IL 60661 Elgin, IL 60123 Suite 400, Westmont, IL 60559 Gurnee, IL 60031 Montgomery, IL 60538TOTAL BID$5,884,200.00 $7,896,158.00 No Bid No Bid No Bid $7,477,000.00ATTENDED MANDATORY PRE-BID MEETING X X X X XADDENDUM NO. 1XXADDENDUM NO. 2XXADDENDUM NO. 3XXADDENDUM NO. 4XMANDATORY ALTERNATE BID SCHEDULE XXUNIT PRICE SCHEDULE XXBID BOND XSIGNED BID XXIEPA DOCUMENTSBIDDER'S QUESTIONNAIRE XX% above/below Engineer's Estimate 34.19%27.07%Pacific Construction Vissering Construction Whittaker Construction Winninger Services, LLC Company & Excavating, Inc. Excavating, Inc. 5511 N Cumberland Ave. 175 Benchmark Industrial Dr. P.O. Box 21 8845 Schoger DriveSuite 608, Chicago, IL 60656 Streator, IL 61364 Earlville, IL 60518 Naperville, IL 60564TOTAL BID$7,210,110.00 $7,171,000.00 $6,786,500.00 No BidATTENDED MANDATORY PRE-BID MEETING X X X XADDENDUM NO. 1XX XADDENDUM NO. 2XX XADDENDUM NO. 3XX XADDENDUM NO. 4XX XMANDATORY ALTERNATE BID SCHEDULE X X XUNIT PRICE SCHEDULE X X XBID BOND XX XSIGNED BID XX XIEPA DOCUMENTSXXBIDDER'S QUESTIONNAIRE X X X% above/below Engineer's Estimate 22.53% 21.87% 15.33%BID SUMMARYNORTH RECEIVING STATION PROJECT - YO2415-PUNITED CITY OF YORKVILLE, ILENGINEERING ENTERPRISES, INC.52 WHEELER ROAD, SUGAR GROVE, ILLINOIS BASE BID EQUIPMENTMANUFACTURER'SBASE BID EQUIPMENTMANUFACTURER'SBASE BID EQUIPMENTMANUFACTURER'SSECTIONEQUIPMENT/ ACTIVITYMANUFACTURERCOST TO BIDDERMANUFACTURERCOST TO BIDDERMANUFACTURERCOST TO BIDDER11210 High Service Pumping Equipment Grundfos165,000.00$ 125,000.00$ FlowserveX 120,000.00$ X 120,000.00$ Goulds150,000.00$ 11266Chemical Feed Equipment(Sodium Hypochlorite System)Watson Marlow 30,000.00$ X 56,000.00$ x 50,000.00$ Blue-WhiteNO BIDAlbin Pump60,000.00$ 11265Chemical Storage Tanks (Sodium Hypochlorite System)Poly Processing35,000.00$ X 25,000.00$ x 43,000.00$ AssmannNO BID11266Chemical Feed Equipment(Orthophosphate System)Watson Marlow25,000.00$ X 56,000.00$ x 70,000.00$ Blue-WhiteNO BIDAlbin PumpNO BID 11265Chemical Storage Tanks (Orthophosphate System)Poly Processing30,000.00$ X 25,000.00$ x 7,000.00$ AssmannNO BID 11395 Flow Meters Endress + Hauser45,000.00$ 41,470.00$ Sparling-$ X 34,000.00$ ABB-$ 41,470.00$ x 40,000.00$ 13310 Altitude Valve Station Engineered Fluid, Inc. 185,000.00$ X 177,106.00$ x 177,000.00$ Metropolitan Industries, Inc.300,000.00$ 16620Packaged Diesel Engine Generator SystemsCaterpillar 300,000.00$ X 185,307.00$ x 185,000.00$ (insert submitted alternative)(equal subject to approval)NO BID16900 Instrumentation System Advanced Automation & Controls 160,000.00$ X 136,780.00$ x 138,000.00$ (insert submitted alternative)(equal subject to approval)NO BIDOVERALL LUMP SUM BASE BID PRICE Dollars ($ 5,884,200.00$ Dollars ($ 6,786,500.00$ Dollars ($ 7,171,000.00 BASE BID SCHEDULE ENGINEER'S ESTIMATEVISSERING CONSTRUCTION COMPANYWHITTAKER CONSTRUCTION & EXCAVATING, INC. SECTIONEQUIPMENT/ ACTIVITY11210 High Service Pumping Equipment GrundfosFlowserveGoulds11266Chemical Feed Equipment(Sodium Hypochlorite System)Watson Marlow Blue-WhiteAlbin Pump11265Chemical Storage Tanks (Sodium Hypochlorite System)Poly ProcessingAssmann11266Chemical Feed Equipment(Orthophosphate System)Watson MarlowBlue-WhiteAlbin Pump11265Chemical Storage Tanks (Orthophosphate System)Poly ProcessingAssmann11395 Flow Meters Endress + HauserSparlingABB13310 Altitude Valve Station Engineered Fluid, Inc. Metropolitan Industries, Inc.16620Packaged Diesel Engine Generator SystemsCaterpillar (insert submitted alternative)(equal subject to approval)16900 Instrumentation System Advanced Automation & Controls (insert submitted alternative)(equal subject to approval)OVERALL LUMP SUM BASE BID PRICEBASE BID SCHEDULE BASE BID EQUIPMENTMANUFACTURER'SBASE BID EQUIPMENTMANUFACTURER'SBASE BID EQUIPMENTMANUFACTURER'SMANUFACTURERCOST TO BIDDERMANUFACTURERCOST TO BIDDERMANUFACTURERCOST TO BIDDERx 121,215.00$ x 121,215.00$ x 121,215.00$ 22,217.00$ x 22,217.00$ x 22,217.00$ x 56,555.00$ x 56,555.00$ x 56,555.00$ x 56,555.00$ x 56,555.00$ x 56,555.00$ x 6,900.00$ x 6,900.00$ x 6,900.00$ x 34,000.00$ x 34,000.00$ x 34,000.00$ x 177,106.00$ x 177,106.00$ x 299,711.00$ x 185,000.00$ x 185,307.00$ x 178,250.00$ x 136,780.00$ Dollars ($ 7,896,158.00 Dollars ($ 7,477,000.00 Dollars ($ 7,210,110.00 GRANITE CONSTRUCTION COMPANY LITE CONSTRUCTION, INC. PACIFIC CONSTRUCTION SERVICES, LLC UNIT PRICE SCHEDULEENGINEER'S ESTIMATE WHITTAKER LITE CONST. PACIFIC VISSERING GRANITEITEMUNIT UNIT UNIT UNIT UNIT UNITNO.ITEMUNITPRICEPRICEPRICEPRICEPRICEPRICE1 SANITARY SEWER, 6-INCH, UNDERGROUND, AS SPECIFIED, COMPLETE FOOT 150.00$ 55.00$ -63.33% 57.00$ 132.00$ 230.00$ 119.57$ 2WATER MAIN, 24-INCH, CLASS 54, DIP, UNDERGROUND, AS SPECIFIED, COMPLETEFOOT 400.00$ 350.00$ -12.50% 242.00$ 540.00$ 485.00$ 489.15$ 3WATER MAIN, 24-INCH, CLASS 52, DIP, UNDERGROUND, AS SPECIFIED, COMPLETEFOOT 375.00$ 295.00$ -21.33% 240.00$ 480.00$ 550.00$ 434.80$ 4WATER MAIN, 16-INCH, CLASS 54, DIP, UNDERGROUND, AS SPECIFIED, COMPLETEFOOT 350.00$ 250.00$ -28.57% 190.00$ 360.00$ 425.00$ 326.10$ 5WATER MAIN, 16-INCH, CLASS 52, DIP, UNDERGROUND, AS SPECIFIED, COMPLETEFOOT 300.00$ 225.00$ -25.00% 194.00$ 300.00$ 385.00$ 271.75$ 6STORM SEWER, 12-INCH RCP, UNDERGROUND, AS SPECIFIED, COMPLETEFOOT 175.00$ 55.00$ -68.57% 89.00$ 90.00$ 120.00$ 81.53$ 7POTABLE WATER VALVE VAULT, 60”, WITH 16” BUTTERFLY VALVEEACH 12,000.00$ 16,190.00$ 34.92% 14,000.00$ 14,400.00$ 9,250.00$ 13,044.00$ 8POTABLE WATER VALVE VAULT, 72”, WITH 24” BUTTERFLY VALVEEACH 15,000.00$ 30,000.00$ 100.00% 27,000.00$ 20,400.00$ 15,800.00$ 18,479.00$ 9N-12 PERFORATED HPDE DRAIN PIPING, 4-INCH, UNDERGROUND, AS SPECIFIED, COMPLETEFOOT 60.00$ 40.00$ -33.33% 42.00$ 60.00$ 65.00$ 54.35$ 10POTABLE WATER SERVICE, 2-INCH, COPPER, UNDERGROUND, AS SPECIFIED, COMPLETEFOOT 85.00$ 72.00$ -15.29% 115.00$ 288.00$ 160.00$ 260.88$ 11TYPE A 4 FT DIA MANHOLE, TYPE 1 FRAME W/ CLOSED LIDEACH 7,000.00$ 4,600.00$ -34.29% 6,000.00$ 6,000.00$ 4,740.00$ 4,348.00$ 12TYPE A STORM INLET, TYPE D FRAME W/ OPEN GRATEEACH 5,000.00$ 2,500.00$ -50.00% 2,000.00$ 2,400.00$ 3,270.00$ 2,174.00$ 13TYPE A STORM CATCH BASIN, TYPE D FRAME W/ OPEN GRATEEACH 7,500.00$ 4,650.00$ -38.00% 5,600.00$ 6,000.00$ 5,240.00$ 5,435.00$ 14AGGREGATE SUB-BASE, TYPE B, CA-1, 4-INCHSQ. YD. 20.00$ 6.00$ -70.00% 53.00$ 8.00$ 20.00$ 27.18$ 15AGGREGATE SURFACE COURSE, TYPE B, CA-6, 8-INCHSQ. YD. 22.00$ 15.00$ -31.82% 47.00$ 8.00$ 30.00$ 67.39$ 16HOT-MIX ASPHALT BINDER COURSE, 4”, IL-19.0, N50SQ. YD. 30.00$ 20.00$ -33.33% 22.00$ 30.00$ 30.00$ 20.11$ 17HOT-MIX ASPHALT SURFACE COURSE, 2”, IL-9.5, MIX “D”, N50SQ. YD. 35.00$ 12.00$ -65.71% 14.00$ 20.00$ 15.00$ 11.41$ 18PCC SIDEWALK, 5-FOOT WIDESQ. YD. 150.00$ 132.00$ -12.00% 135.00$ 108.00$ 100.00$ 26.92$ 19COMPACTED FILL, CA-6, FOR STRUCTURAL LOCATIONSCU. YD. 75.00$ 73.00$ -2.67% 56.00$ 50.00$ 25.00$ 70.66$ 20EARTH OVER-EXCAVATION AND BACKFILL (THE FIRST 50 CU. YD. SHALL BE INCLUDED IN THE LUMP SUM BASE BID)CU. YD. 150.00$ 80.00$ -46.67% 17.00$ 150.00$ 75.00$ 135.88$ 21NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSALCU. YD. 250.00$ 30.00$ -88.00% 89.00$ 198.00$ 20.00$ 179.36$ G:\Public\Yorkville\2024\YO2415-P LM-North Receiving Station\Design-Construction Projects\Bidding and Contracting\[YO2415 EEI Bid Tab and Summary.xlsx]Unit Price Bid Tab and Summary.xlsx]Unit Price #REF! #REF!% above/below engr. est. NIA-01 NOTICE OF INTENT TO AWARD TO: Whittaker Construction & Excavating, Inc. P.O. Box 21 105 E. Park Street Earlville, IL 60518 PROJECT Description: North Receiving Station, including all associated appurtenances, site work, and materials necessary to complete the project. The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for BIDS dated February 17, 2025, and Information for Bidders. You are hereby notified that your BID has been accepted, contingent upon Illinois Environment Protection Agency (IEPA) approval, for items in the amount of Six Million, Seven Hundred Eighty-Six Thousand, Five Hundred Dollars ($6,786,500.00) . You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR’S Performance BOND, Payment BOND, and certificates of insurance within ten (10) calendar days from the date of the final Notice to be sent upon IEPA approval, to you. Dated this 22nd day of April , 2025 . United City of Yorkville Owner By Title Mayor NOTICE OF INTENT TO AWARD Page 2 NIA-02 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLAN. 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 2025-43 North Receiving Station Construction Engineering Agreement Public Works Committee – April 15, 2025 Majority Approval Please see the attached memo. Eric Dhuse Public Works Name Department Summary A proposed Professional Service Agreement from EEI for construction engineering services for the north receiving station. Background As part of our Lake Michigan water project, we are constructing 2 receiving stations to get water from DWC. The north receiving station will be located at the Grande Reserve water treatment plant on Lehman Crossing. This station is where we take the water from DWC and distribute it into the water tower and out to the system. This building also accounts for possible future improvements such as a ground storage tank and booster pump. EEI is proposing an hourly rate agreement in the amount of $359,492 with and additional $48,500 in direct expenses. This brings the total amount of the PSA to $407,992. This is a long project; the construction engineering is budgeted for over 3 fiscal years for a total of $363,000. We will have to adjust future fiscal year(s) budgets to account for the $44,992 difference from what is budgeted to what is proposed. With a project this large and taking so much time, it is not unusual to have to adjust some of the costs in future years. Recommendation Staff recommends approval of this agreement. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, City Administrator Date: April 10, 2025 Subject: PSA for North Receiving Station Resolution No. 2025-____ Page 1 Resolution No. 2025-_____ RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING AN ENGINEERING AGREEMENT WITH ENGINEERING ENTERPRISES, INC. WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a non- home rule municipality duly organized and validly existing in accordance with the Constitution of the State of Illinois and the laws of this State; and WHEREAS, the City’s Public Works Department plans to construct the North Receiving Station for future delivery of Lake Michigan water from the DuPage Water Commission (the “Project”); and WHEREAS, completion of the Project will require engineering services conducted by an outside engineering firm; and WHEREAS, Engineering Enterprises, Inc., of Sugar Grove, Illinois (“EEI”), has prepared an agreement between EEI and the City for engineering services related to the Project (the “Agreement”), said Agreement being attached hereto as Exhibit A; and WHEREAS, EEI has provided engineering services for various projects completed by the City, and the City administration has found that EEI is a qualified and experienced engineering firm; and WHEREAS, the City administration recommends approval of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council (the “Corporate Authorities”) of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The foregoing recitals are hereby incorporated in this Resolution as the findings of the Corporate Authorities. Section 2. The Mayor and City Clerk are hereby authorized to execute an North Resolution No. 2025-____ Page 2 Receiving Station, United City of Yorkville, Professional Services Agreement – Construction Engineering, attached hereto as Exhibit A. Section 3. 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 ____ day of __________________, A.D. 2025. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2025. ______________________________ MAYOR Attest: ___________________________________ City Clerk UNITED CITY OF YORKVILLE NORTH RECEIVING STATION PAGE 1 Agreement for Professional Services North Receiving Station – Construction Engineering THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred to as the "City" or “OWNER” and Engineering Enterprises, Inc. hereinafter referred to as the "Contractor" or “ENGINEER” agrees as follows: A. Services: The Engineer shall furnish the necessary personnel, materials, equipment and expertise to make the necessary investigations, analysis and calculations along with exhibits, cost estimates and narrative, to complete all necessary engineering services to the City as indicated on the included Attachment A. Construction Engineering services shall be provided as indicated on the Scope of Services on Attachment B. 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. Construction Engineering will be paid for Hourly (HR) at the actual rates for services to be performed, currently estimated at $359,492.00. Direct expenses are estimated at $48,500.00. The hourly rates for this project are shown in Attachment E. All payments will be made according to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract is designated in Section B hereof as an Ongoing Contract, ENGINEER, on or before February 1st of any given year, shall provide written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after May 1st of that same year. UNITED CITY OF YORKVILLE NORTH RECEIVING STATION PAGE 2 E. Ownership of Records and Documents: ENGINEER agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. ENGINEER agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the freedom of information act or if already previously disclosed by a third party. Upon termination of this agreement, ENGINEER agrees to return all such materials to the City. The City agrees not to modify any original documents produced by ENGINEER without Contractor’s consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER’s sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER’s sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kendall County, Illinois. G. Independent 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 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. UNITED CITY OF YORKVILLE NORTH RECEIVING STATION PAGE 3 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 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 UNITED CITY OF YORKVILLE NORTH RECEIVING STATION PAGE 4 be withheld on payments made to non resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the ENGINEER certifies that its Federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): ___ Individual ___ Real Estate Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax Exempt Organization (IRC 501(a) only) x Corporation ___ Not for Profit Corporation ___ Trust or Estate ___ Medical and Health Care Services Provider Corp. I. Indemnification: ENGINEER shall indemnify and hold harmless the City and City’s agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by ENGINEER or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of ENGINEER or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall the either party indemnify any other party for the consequences of that party’s negligence, including failure to follow the ENGINEER’s recommendations. J. Insurance: The ENGINEER agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied) 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: Estimated Schedule Attachment E: 2025 Standard Schedule of Charges UNITED CITY OF YORKVILLE NORTH RECEIVING STATION PAGE 5 Attachment F: EPA Loan Certification Form Attachment G: IEPA Professional Services Contract Clauses Attachment H: Supplemental USEPA/WIFIA Professional Services Contract Clauses L. Notices: All notices required to be given under the terms of this agreement shall be given mail, addressed to the parties as follows: For the City: For the ENGINEER: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 651 Prairie Pointe Drive Sugar Grove Illinois 60554 Yorkville, IL 60560 Either of the parties may designate in writing from time-to-time substitute addresses or persons in connection with required notices. Agreed to this ___day of _________, 2025. 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 Director of Marketing and Business Development ENGINEERING ENTERPRISES, INC. APRIL 2025 PAGE 1 ATTACHMENT A – STANDARD TERMS AND CONDITIONS Agreement: These Standard Terms and Conditions, together with the Professional Services Agreement, constitute the entire integrated agreement between the OWNER and Engineering Enterprises, Inc. (EEI) (hereinafter “Agreement”), and take precedence over any other provisions between the Parties. These terms may be amended, but only if both parties consent in writing. However, to the extent that the Scope of Work differs from the Standard Terms and Conditions, the Scope of Work document controls. Standard of Care: In providing services under this Agreement, the ENGINEER will endeavor to perform in a matter consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under same circumstances in the same locality. ENGINEER makes no other warranties, express or implied, written or oral under this Agreement or otherwise, in connection with ENGINEER’S service. Construction Engineering and Inspection: The ENGINEER shall not supervise, direct, control, or have authority over any contractor work, nor have authority over or be responsible for the means, methods, techniques sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety of the site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor’s furnishing and performing of its work. The ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for contractor’s failure to furnish and perform the work in accordance with the contract documents. The ENGINEER is not responsible for the acts or omissions of any contractor, subcontractor, or supplies, or any of their agents or employees or any other person at the site or otherwise furnishing or performing any work. Shop drawing and submittal review by the ENGINEER shall apply to only the items in the submissions and only for the purpose of assessing if upon installation or incorporation in the project work they are generally consistent with the construction documents.  OWNER agrees that the contractor is solely responsible for the submissions and for compliance with the construction documents.  OWNER further agrees that the ENGINEER’S review and action in relation to these submissions shall not constitute the provision of means, methods, techniques, sequencing or procedures of construction or extend or safety programs or precautions.  The ENGINEER’S consideration of a component does not constitute acceptance of the assembled items. The ENGINEER’S site observation during construction shall be at the times agreed upon in the Project Scope.  Through standard, reasonable means the ENGINEER will become generally familiar with observable completed work.  If the ENGINEER observes completed work that is inconsistent with the construction documents, that information shall be communicated to the contractor and OWNER for them to address. Opinion of Probable Construction Costs: ENGINEER’S opinion of probable construction costs represents ENGINEER’S best and reasonable judgment as a professional engineer. OWNER acknowledges that ENGINEER has no control over construction costs of contractor’s methods of determining pricing, or over competitive bidding by contractors, or of market conditions or changes thereto. ENGINEER cannot and does not guarantee that proposals, bids or actual construction costs will not vary from ENGINEER’S opinion of probable construction costs. Copies of Documents & Electronic Compatibility: Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also known as hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, ENGINEER makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning of the project. Changed Conditions: If, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to the ENGINEER are revealed, to the extent that they affect the scope of services, compensation, schedule, allocation of risks, or other material terms of this Agreement, the ENGINEER may call for renegotiation of appropriate portions of this Agreement. The ENGINEER shall notify the OWNER of the changed conditions necessitating renegotiation, and the ENGINEER and the OWNER shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this Agreement, in accordance with the termination provision hereof. Hazardous Conditions: OWNER represents to ENGINEER that to the best of its knowledge no Hazardous Conditions (environmental or otherwise) exist on the project site. If a Hazardous Condition is encountered or alleged, ENGINEER shall have the obligation to notify OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental officials. It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a Hazardous Condition. In the event ENGINEER or any other party encounters a Hazardous Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the project affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Condition; and (ii) warrants that the project site is in full compliance with applicable Laws and Regulations. ENGINEER agrees to cooperate with the OWNER, as necessary, to remediate a Hazardous Condition, but same may result in additional costs to the OWNER. ENGINEERING ENTERPRISES, INC. APRIL 2025 PAGE 2 Consequential Damages: Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective officers, directors, partners, employees, contractors, or subcontractors shall be liable to the other or shall make any claim for any incidental, indirect, or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. Termination: This Agreement may be terminated for convenience, without cause, upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation as set forth in the Professional Services Agreement for all costs incurred through the date of termination. Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days’ written notice for the following reasons: (a) Substantial failure by the other party to comply with or perform in accordance with the terms of the Agreement and through no fault of the terminating party; (b) Assignment of the Agreement or transfer of the project without the prior written consent of the other party; (c) Suspension of the project or the ENGINEER’S services by the OWNER for a period of greater than ninety (90) calendar days, consecutive or in the aggregate. (d) Material changes in the conditions under which this Agreement was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. Payment of Invoices: Invoices are due and payable within 30 days of receipt unless otherwise agreed to in writing. Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the OWNER or the ENGINEER. The ENGINEER’S services under this Agreement are being performed solely and exclusively for the OWNER’S benefit, and no other party or entity shall have any claim against the ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, vendors and other entities involved in this Project to carry out the intent of this provision. Force Majeure: Each Party shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and the nonperforming party promptly provides notice of such prevention to the other party. Such excuse shall be continued so long as the condition constituting force majeure continues. The party affected by such force majeure also shall notify the other party of the anticipated duration of such force majeure, any actions being taken to avoid or minimize its effect after such occurrence, and shall take reasonable efforts to remove the condition constituting such force majeure. For purposes of this Agreement, “force majeure” shall include conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer. Additional Terms or Modification: All prior understandings and agreements between the parties are merged into this Agreement, and this Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by both parties. In the event that any provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under or interest in this Agreement without the prior written consent of the other party. Subcontracting normally contemplated by the ENGINEER shall not be considered an assignment for purposes of this Agreement. Waiver: A party’s waiver of, or the failure or delay in enforcing any provision of this Agreement shall not constitute a waiver of the provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Attorney’s Fees: In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover from the other all costs and expenses including without limitation the reasonable fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the Court may adjudge reasonable. Fiduciary Duty: Nothing in this Agreement is intended to create, nor shall it be construed to create, a fiduciary duty owed to either party to the other party. EEI makes no warranty, express or implied, as to its professional services rendered. Headings: The headings used in this Agreement are inserted only as a matter of convenience only, and in no way define, limit, enlarge, modify, explain or define the text thereof nor affect the construction or interpretation of this Agreement. UNITED CITY OF YORKVILLE, IL NORTH RECEIVING STATION PAGE 1 North Receiving Station United City of Yorkville, IL Professional Services Agreement - Construction Engineering Attachment B – Scope of Services The United City of Yorkville intends to construct the North Receiving Station for future delivery of Lake Michigan water from the DuPage Water Commission. Items include construction of a new building to house a new pressure adjusting station, including booster pumping and pressure reducing components with all process piping, chemical feed system including chlorine and phosphate, architectural components, electrical, connection to existing water main, associated water main piping modifications and valves, SCADA upgrades, and generator as well as a new Altitude Valve for the Northeast Elevated Water Storage Tank. The project is expected to receive IEPA and WIFIA funding pending closing of the loan applications currently in process for each. The following list of work items summarizes the scope of engineering services for this project, for which a detailed breakdown and estimated level of effort for major items is included in Attachment C: CONSTRUCTION ENGINEERING Construction Administration • Project Administration and Supervision of Staff, Budget • Contracting Coordination with Contractor and the City • Preparation of Construction Issue Plans and Specifications • Prepare for, Attend, and Facilitate the Preconstruction and Construction Progress Meetings with the Contractor Including Preparation of Meeting Minutes (Assumes 12 Total Meetings Max.) • Construction Coordination with Contractor and the City • Review Shop Drawings, O&M Manuals, and Warranty Information • Review and Respond to Contractor Requests for Information (RFIs), Proposed Change Orders (PCOs), and Prepare Change Orders • Review Contractor Pay Requests, Gather Invoices, Waivers of Lien, Certified Payroll, and Material Certification, and Prepare Pay Estimates • Coordinate with IEPA and USEPA for SRF and WIFIA Loans Including Loan Disbursement Requests Construction Layout and Record Drawings • Stake Proposed Structures • Perform Post Construction Field Survey for Record Drawings • Prepare Record Drawings Construction Observation and Documentation • Take Pre-Construction Videos and Photos of Pre-Existing Conditions • Provide Part-Time Construction Observation & Field Reports (Est. Avg. 16 Hours/Week For 50 Weeks) • Provide Weekly Construction Update Emails to City Staff During Construction Activity Onsite • Perform Punch Walks, Prepare Punch List, and Provide Follow Up Inspections and Recommend Acceptance • Prepare Project Closeout Paperwork UNITED CITY OF YORKVILLE, IL NORTH RECEIVING STATION PAGE 2 NOTES AND EXCLUSIONS • The above scope of services does not include the following: o WIFIA Loan Application or Loan Processing/Coordination other than furnishing required documentation to USEPA (provided by/responsibility of the Contractor to furnish) o Additional Progress Meetings or Construction Observation Beyond That Specified o Attendance/Presentations at City Meetings o No Shop Drawing Reviews Beyond One Resubmittal for Each Shop Drawing – There Are Provisions in the Project Manual for the Contractor to Reimburse the Engineer for Expenses Related to Each Additional Resubmittal o Excludes Detailed Review of Contractor’s Certified Payroll • Assumes IEPA Loan Coordination Work to be Split Between North Receiving Station and Northwest EWST, which are included on the same IEPA Loan The above scope summarizes the work items that will be completed for this contract. Additional work items, including additional meetings, construction observation, and coordination beyond that defined in the above scope and estimated in the fee estimate shall be considered outside the scope of the base contract and will be billed in accordance with EEI’s Standard Schedule of Charges (Attachment E) in effect at the time the extra work is performed. ATTACHMENT C: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COSTPROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBERUnited City of YorkvilleYO2415-PPROJECT TITLEDATE PREPARED BYNorth Receiving Station4/9/25ROLE PIC SPM PM PE CAD/GIS SUR-PM SURVEY ADMINRATE $256 $243 $218 $175 $182 $218 $182 $75CONSTRUCTION ENGINEERING3.01 Project Administration8 20 28 6,408$ 3.02 Contract Coordination8 8 4 20 3,444$ 3.03 Prepare Construction Issue Plans and Specifications 4 8 12 24 4,456$ 3.04 Weekly Project Update Emails to City Staff (During Construction) 60 60 10,500$ 3.05 Pre-Con Meeting and Monthly Construction Progress Meetings (12 Total Meetings Max.) 36 48 84 16,248$ 3.06 Review Pay Applications (21 Max.)24 64 88 16,432$ 3.07 Review Shop Drawings, O&M Manuals, and Warranty Info 40 160 200 36,720$ 3.08 Review RFI's and PCO's32 40 72 13,976$ 3.09 Construction Staking16 32 48 9,312$ 3.10 Coordination with the City and Contractor 8 12 80 160 260 50,404$ 3.11 Construction Observation & Field Reports (Est. Avg. 16 Hours/Week For 50 Weeks) 40 800 840 148,720$ 3.12 Punchwalks and Punchlists8 40 48 8,744$ 3.13 Prepare and Issue As-Built Drawings8 40 40 8 12 108 19,952$ 3.14 IEPA and WIFIA Loan Program Construction Coordination 8 24 40 72 14,176$ Construction Engineering Subtotal: 16 20 324 1,468 52 24 44 4 1,952 359,492$ 16 20 324 1,468 52 24 44 4 1,952 359,492 PIC Principal in ChargeDIRECT EXPENSESSPM Senior Project ManagerPrinting/Scanning/Mailing = 750$ PM Project ManagerVehicle = 6,000$ PE Project Engineer22,000$ CAD/GIS CAD/GIS TechnicianArchitectural = 8,250$ SUR-PM Survey Project ManagerGeotechnical Engineering = 4,000$ SURVEY Survey Technician7,500$ ADMIN Administrative AssistantDIRECT EXPENSES = 48,500$ LABOR SUMMARYEEI Labor Expenses = 359,492$ TOTAL LABOR EXPENSES359,492$ TOTAL COSTS 407,992$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.comMEP Engineering =Structural Engineering =CRW/STDTASK NO. TASK DESCRIPTIONHOURS COSTPROJECT TOTAL: ATTACHMENT D: ESTIMATED SCHEDULECLIENT PROJECT NUMBERUnited City of YorkvilleYO2415-PPROJECT TITLEDATE PREPARED BYNorth Receiving StationCRWAPR MAYJUN JULAUG SEP OCT NOV DEC JAN FEB MARAPR MAYJUN JULAUG SEP OCT NOV DEC JAN FEB MARAPR MAYJUNCONSTRUCTION ENGINEERING3.01 Project Administration3.02 Contract Coordination3.03 Prepare Construction Issue Plans and Specifications3.04 Weekly Project Update Emails to City Staff (During Construction)3.05 Pre-Con Meeting and Monthly Construction Progress Meetings (18 Total Meetings Max.)3.06 Review Pay Applications (21 Max.)3.07 Review Shop Drawings, O&M Manuals, and Warranty Info3.08 Review RFI's and PCO's3.09 Construction Staking3.10 Coordination with the City and Contractor3.11 Construction Observation & Field Reports (Est. Avg. 20 Hours/Week For 50 Weeks)3.12 Punchwalks and Punchlists3.13 Prepare and Issue As-Built Drawings3.14 IEPA and WIFIA Loan Program Construction Coordination 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.comTASK NO.TASK DESCRIPTION4/8/2520272025 2026 EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $256.00 Principal E-3 $251.00 Senior Project Manager E-2 $243.00 Project Manager E-1 $218.00 Senior Project Engineer/Surveyor II P-6 $208.00 Senior Project Engineer/Surveyor I P-5 $193.00 Project Engineer/Surveyor P-4 $175.00 Senior Engineer/Surveyor P-3 $161.00 Engineer/Surveyor P-2 $146.00 Associate Engineer/Surveyor P-1 $132.00 Senior Project Technician II T-6 $182.00 Senior Project Technician I T-5 $171.00 Project Technician T-4 $159.00 Senior Technician T-3 $146.00 Technician T-2 $132.00 Associate Technician T-1 $115.00 Engineering/Land Surveying Intern I-1 $ 85.00 Director of Marketing and Business Development M-4 $135.00 Marketing Coordinator M-2 $100.00 Executive Administrative Assistant A-4 $ 80.00 Administrative Assistant A-3 $ 75.00 VEHICLES. DRONE, EXPERT TESTIMONY, REPROGRAPHICS AND DIRECT COSTS* Vehicle for Construction Observation $ 20.00 Unmanned Aircraft System / Unmanned Aerial Vehicle / Drone $235.00 Expert Testimony $290.00 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% *unless specified otherwise in agreement ATTACHMENT E: STANDARD SCHEDULE OF CHARGES ~ JANUARY 1, 2025 ATTACHMENT G IEPA PROFESSIONAL SERVICES CONTRACT CLAUSES Audit and Access to Records Clause: A. Books, records, documents and other evidence directly pertinent to performance of PWSLP/WPCLP loan work under this agreement shall be maintained in accordance with generally accepted Accounting Principles. The Agency or any of its authorized representatives shall have access to the books, records, documents and other evidence for the purpose of inspection, audit and copying. Facilities shall be provided for access and inspection. B. Audits conducted pursuant to this provision shall be in accordance with auditing standards generally accepted in the United States of America. C. All information and reports resulting from access to records pursuant to the above shall be disclosed to the Agency. The auditing agency shall afford the engineer an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. D. The final audit report shall include the written comments, if any, of the audited parties. E. Records shall be maintained and made available during performance of project services under this agreement and for three years after the final loan closing. In addition, those records that relate to any dispute pursuant to the Loan Rules Section 365.650 or Section 662.650 (Disputes) or litigation or the settlement of claims arising out of project performance or costs or items to which an audit exception has been taken, shall be maintained and made available for three years after the resolution of the appeal, litigation, claim or exception. Covenant Against Contingent Fees: The professional services contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bonafide employees. For breach or violation of this warranty, the loan recipient shall have the right to annul this agreement without liability or in its discretion to deduct from the contract price or consideration or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. Certification Regarding Debarment, Suspension and Other Responsibility Matters: Form EPA 5700-49 is signed and attached as part of Attachment F-2. USEPA Nondiscrimination Clause: The contractor (engineer) shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. USEPA Fair Share Percentage Clause: The engineer agrees to take affirmative steps to assure that disadvantaged business enterprises are utilized when possible as sources of supplies, equipment, construction and services in accordance with the [WPC or PWS] Loan Program rules. As required by the award conditions of USEPA's Assistance Agreement with Illinois EPA, the engineer acknowledges that the fair share percentages are 5% for MBEs & 12% for WBEs”. ATTACHMENT H SUPPLEMENTAL USEPA / WIFIA PROFESSIONAL SERVICES CONTRACT CLAUSES ECONOMIC AND MISCELLANEOUS AUTHORITIES DEBARMENT AND SUSPENSION AND PROHIBITIONS RELATING TO VIOLATIONS OF CWA AND CAA WITH RESPECT TO FEDERAL CONTRACTS, GRANTS, OR LOANS Debarment and Suspension. Contractor certifies that it will not knowingly enter into a contract with anyone who is ineligible under the 2 CFR part 180 and part 1532 (per Executive Order 12549, 51 FR 6370, February 21, 1986) or who is prohibited under Section 306 of the Clean Air Act or Section 508 of the Clean Water Act to participate in the [Project]. Suspension and debarment information can be accessed at http://www.sam.gov. Contractor represents and warrants that it has or will include a term or conditions requiring compliance with this provision in all of its subcontracts under this Agreement. NEW RESTRICTIONS ON LOBBYING Federal Lobbying Restrictions (31 U.S.C 1352). Recipients of federal financial assistance may not pay any person for influencing or attempting to influence any officer or employee of a federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress with respect to the award, continuation, renewal, amendment, or modification of a federal grant, loan, or contract. These requirements are implemented for USEPA in 40 CFR Part 34, which also describes types of activities, such as legislative liaison activities and professional and technical services, which are not subject to this prohibition. Upon award of this contract, Contractor shall complete and submit to the City the certification and disclosure forms in Appendix A and Appendix B to 40 CFR Part 34. Contractor shall also require all subcontractors and suppliers of any tier awarded a subcontract over $100,000 to similarly complete and submit the certification and disclosure forms pursuant to the process set forth in 40 CFR 34.110. Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number New Business #9 Tracking Number PW 2025-44 Water Well No. 10 – Change Order No. 1 (Balancing) Public Works Committee – April 15, 2025 Majority Consideration of Approval Consideration of Change Order No. 1 (Balancing) Brad Sanderson Engineering Name Department The purpose of this memo is to present Change Order No. 1 (Balancing) for the above referenced project. A Change Order, as defined by in the General Conditions of the Contract Documents, is a written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents, or authorizing an adjustment in the Contract Price or Contract Time. Background: The United City of Yorkville and Municipal Well & Pump. entered into an agreement for a contract value of $2,589,164.00 for the above-referenced project. Questions Presented: Should the City approve Change Order No. 1 (Balancing) which would decrease the contract amount by $77,858.20. Discussion: Please see the attached summary spreadsheet and detailed summary of Change Order No. 1. We are recommending approval of the change order. Action Required: Consideration of approval of Change Order No. 1 (Balancing). Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Erin Willrett, Assistant City Administrator Jori Behland, City Clerk Date: April 9, 2025 Subject: Water Well No. 10 CHANGE ORDER NO. 1 (BALANCING)WATER WELL NO. 10UNITED CITY OF YORKVILLEQUANTITY COST QUANTITY COST1 MOBILIZATION (ON OR AFTER NOVEMBER 2, 2024) LS 1 776,060.00$ 0.0 $ - 0.1 $ 50,000.00 2 BONDS AND INSURANCE LS 1 23,550.00$ 0.0 $ - 0.0 $ - 3 DRILL 29" MIN. DIA. HOLE FOR 24" O.D. CASING (0' TO 120')LF 120 1,600.00$ 0.0 $ - 0.0 $ - 4 FURNISH AND INSTALL 24" O.D. STEEL CASING (0' TO 120')LF 120 395.00$ 0.0 $ - 0.0 $ - 5 DRILL 23" MIN. DIA. HOLE FOR 18" O.D. CASING (120' TO 1170')LF 1,050 402.00$ 0.0 $ - 0.0 $ - 6 FURNISH AND INSTALL 18" O.D. STEEL CASING (+2' TO 1170')LF 1,172 300.00$ 0.0 $ - 0.0 $ - 7A FURNISH & INSTALL CEMENT SHOE - 24-INCHEA 1 5,230.00$ 0.0 $ - 1.0 $ 5,230.00 7B FURNISH & INSTALL CEMENT SHOE - 18-INCHEA 1 4,360.00$ 0.0 $ - 0.0 $ - 8 FURNISH CEMENT GROUTBAGS 1,750 68.00$ 0.0 $ - 100.0 $ 6,800.00 9A INSTALL CEMENT GROUT - SURFACE CASINGLS 1 14,430.00$ 0.0 $ - 0.0 $ - 9B INSTALL CEMENT GROUT - LONG STRING CASINGLS 1 32,870.00$ 0.0 $ - 0.0 $ - 10 DRILL 17" MIN. DIA. HOLE (1170' TO 1401')LF 231 264.00$ 0.0 $ - 25.0 $ 6,600.00 11 FURNISH, INSTALL AND REMOVE TEST PUMP EQUIPMENTLS 1 138,360.00$ 0.0 $ - 0.0 $ - 12 CONDUCT PUMPING TESTHR 30 709.00$ 0.0 $ - 0.0 $ - 13 CONDUCT TELEVISION SURVEYLS 1 5,300.00$ 0.0 $ - 0.0 $ - 14 CONDUCT PRESSURE TESTING OF GROUT SEALLS 2 11,180.00$ 0.0 $ - 0.0 $ - 15 PERFORM WELL DISINFECTIONLS 1 2,600.00$ 0.0 $ - 0.0 $ - 16 CONDUCT WATER ANALYSISEA 1 6,170.00$ 0.0 $ - 0.0 $ - 17 FURNISH AND INSTALL TEMPORARY CAP ON WELLEA 1 1,830.00$ 0.0 $ - 0.0 $ - 18 WELL DEVELOPMENT ALLOWANCE LS 1 125,000.00$ 0.0 $ - 1.0 $ 125,000.00 19A SITE WORK - SITE MAINTENANCE AND RESTORATION LS 1 21,610.00$ 0.0 $ - 0.0 $ - 19B SITE WORK - GRAVEL ACCESS ROAD SY 1,300 114.00$ 0.0 $ - 0.0 $ - 19C SITE WORK - SITE CLEARINGLS 1 19,140.00$ 0.0 $ - 1.0 $ 19,140.00 20 DEMOBILIZATIONLS 1 27,740.00$ 0.0 $ - 0.0 $ - DEDUCTIONSITEM NO. ITEMS UNITCONTRACT QUANTITYUNIT PRICEADDITIONS CHANGE ORDER NO. 1 (BALANCING)WATER WELL NO. 10UNITED CITY OF YORKVILLEQUANTITY COST QUANTITY COSTDEDUCTIONSITEM NO. ITEMS UNITCONTRACT QUANTITYUNIT PRICEADDITIONS21ADDITIONAL MUD AND CEMENT GROUT FOR SHALE LAYER LS 1 $ 142,649.00 1.0 $ 134,911.80 0.0 $ - TOTAL ADDITIONS =134,911.80$ TOTAL DEDUCTIONS = (212,770.00)$ ORIGINAL CONTRACT PRICE: 2,589,164.00$ CURRENT CONTRACT PRICE ADJUSTED BY PREVIOUS CHANGE ORDER(S): 2,589,164.00$ *AMOUNT OF CURRENT CHANGE ORDER:(77,858.20)$ NEW CONTRACT PRICE:2,511,305.80$ (continued) CO-01 CHANGE ORDER Order No. 1 Date: 4/9/25 Agreement Date: 6/3/24 NAME OF PROJECT: WATER WELL NO. 10 OWNER: UNITED CITY OF YORKVILLE CONTRACTOR: MUNICIPAL WELL & PUMP The following changes are hereby made to the CONTRACT DOCUMENTS: UNUSED BASE BID ITEMS: -$212,770.00 Changes to the Contract Documents: The quantities for the Bid Items 1, 7A, 8, 10, 18, & 19C were not fully utilized during the project. Therefore, the total credit for the unused quantities will be $212,770.00.: x Bid Item #1: -$50,000.00 x Bid Item #7A: -$5,230.00 x Bid Item #8: -$6,800.00 x Bid Item #10: -$6,600.00 x Bid Item #18: -$125,0000.00 x Bid Item #19C: -$19,140.00 Justification: The unused quantities for Base Bid Items 1, 7A, 8, 10, 18, & 19C were not required to complete the construction of Well No. 10. ADDITIONAL MUD AND CEMENT FOR SHALE LAYER: $134,911.80 Changes to the Contract Documents: Municipal Well & Pump (MW&P) has furnished and installed additional mud fluids and cement grout within the 18-inch borehole, specifically at depths ranging from 615 to 750 feet below the finished grade. Justification: During the drilling process, MW&P encountered unstable blue shale at a depth of 615 feet below the finished grade, which partially collapsed the borehole. MW&P utilized additional mud fluids and cement grout to effectively seal off the unstable formation and prevent the borehole's complete collapse. This approach allowed MW&P to proceed with drilling and securely set the 18-inch casing at a depth of 1,170 feet below the finished grade. Furthermore, the drilling method selected by MW&P enabled the effective development of the well while drilling through the production zone. This approach eliminated the need for any additional well development. As a result, the overall specific capacity of the well was enhanced, allowing the City to fully utilize the $125,000 allowance credit for Well Development. CHANGE ORDER NO. C-1 Page 2 CO-02 Change of CONTRACT PRICE: Original CONTRACT PRICE: $2,589,164.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S) $00.00 The CONTRACT PRICE due to this CHANGE ORDER will be (decreased) by: -$77,858.20 The new CONTRACT PRICE including this CHANGE ORDER will be $2,511,305.80 Change to CONTRACT TIME: The CONTRACT TIME will be (increased) by calendar days. The date for completion of all work will be (Date.) Approvals Required: To be effective this order must be approved by the agency if it changes the scope or objective of the PROJECT, or as may otherwise be required by the SUPPLEMENTAL GENERAL CONDITIONS. Requested by: CONTRACTOR Recommended by: Engineering Enterprises, Inc. Accepted by: United City of Yorkville Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Old Business #1 Tracking Number PW 2025-18 Northland Lane Parking Restrictions – Discussion Public Works Committee – April 15, 2025 None Informational Please see the attached memo. Brad Sanderson Engineering Name Department As requested, we investigated the feasibility of off-street parking facilities on the west side of Northland Lane adjacent to Cannonball Ridge Park. Off-street parking is being considered to accommodate the shift of the No Parking Zone from the west side of Northland Lane to the east side with the anticipated development of Heartland Meadows West. The United City of Yorkville’s Unified Development Ordinance, the Illinois Accessibility Code, the Americans with Disability Act (ADA), and the Illinois Department of Transportation’s (IDOT) Bureau of Local Roads and Streets (BLRS) Manual were utilized in the conceptual design. The design is summarized in the table below, in the schematic on the next page, and in the attached Exhibit. Category Value Parking Angle 45 Degrees Number of Stalls 40 Standard Accessible Parking Spaces 2 (1 Van-Accessible) Stall Depth 19 Feet Stall Width 9 Feet Buffer from Traffic (B)6 Feet Pavement Design 3-Inch Hot-Mix Asphalt, N50 10-Inch Aggregate Subgrade Improvement Sidewalk Design 5-Inch, Portland Cement Concrete 4-Inch, Subbase Granular Material, Type B Curb and Gutter B-6.12 Curb and Gutter Removal and Replacement 2-Inch, Class D Patch, Type IV Estimated Cost $340,000 Angled parking stalls were selected over perpendicular stalls as more vehicles would be accommodated, visibility while reversing would be greater, and traffic along Northland Lane would be less impacted. The field’s outfield fence prevents deeper parking to accommodate a better buffer to lanes of traffic when exiting. Depending on the age and ability of the field’s users, protection from foul balls in right field may be necessary. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Jori Behland, City Clerk James Jensen, Chief of Police Date: April 8, 2025 Subject: Northland Lane Off-Street Parking If you have any questions or need additional information, please let us know. UNITED CITY OF YORKVILLECONCEPTUAL PLAN PRELIMINARY COST ESTIMATE JOB NO: DESIGNED: DATE: PROJECT TITLE: ITEM UNIT NO.UNIT QUANTITY PRICE AMOUNT 1 GEOTECHNICAL FABRIC FOR GROUND STABILIZATION SQ YD 2000 3.00$ 6,000.00$ 2 CU YD 1050 40.00$ 42,000.00$ 3 CU YD 110 10.00$ 1,100.00$ 4 SQ YD 420 15.00$ 6,300.00$ 5 AGGREGATE BASE COURSE, TYPE A 10" SQ YD 2000 22.00$ 44,000.00$ 6 SQ FT 3750 2.00$ 7,500.00$ 7 BITUMINOUS MATERIALS (TACK COAT) POUND 450 0.10$ 45.00$ 8 BITUMINOUS MATERIALS (PRIME COAT) POUND 4500 0.10$ 450.00$ 9 CLASS D PATCH, TYPE IV, 2" SQ YD 335 35.00$ 11,725.00$ 10 HOT-MIX ASPHALT SURFACE COURSE, IL-9.5, MIX "D", N50 - "3 TON 335 100.00$ 33,500.00$ 11 PORTLAND CEMENT CONCRETE SIDEWALK, 5" SQ FT 3750 15.00$ 56,250.00$ 12 DETECTABLE WARNINGS SQ FT 20 40.00$ 800.00$ 13 COMBINATION CONCRETE CURB AND GUTTER, TYPE B-6.12 FOOT 800 40.00$ 32,000.00$ 14 COMBINATION CURB AND GUTTER REMOVAL AND REPLACEMENT FOOT 750 50.00$ 37,500.00$ 15 NEW FRAMES AND GRATES EACH 3 750.00$ 2,250.00$ 16 MANHOLES TO BE ADJUSTED EACH 4 1,000.00$ 4,000.00$ 17 INLETS TO BE ADJUSTED EACH 3 500.00$ 1,500.00$ 18 THERMOPLASTIC PAVEMENT MARKINGS - LETTERS & SYMBOLS SQ FT 10 6.00$ 60.00$ 19 THERMOPLASTIC PAVEMENT MARKINGS - LINE 4" FOOT 1500 2.00$ 3,000.00$ 20 THERMOPLASTIC PAVEMENT MARKINGS - LINE 24" FOOT 16 20.00$ 320.00$ 21 REMOVE AND RELOCATE SIGN PANEL AND POLE ASSEMBLY EACH 3 500.00$ 1,500.00$ 22 TELESCOPING STEEL SIGN SUPPORT WITH NEW SIGN EACH 2 500.00$ 1,000.00$ 23 ACRE 0.25 5,000.00$ 1,250.00$ 24 EACH 9 800.00$ 7,200.00$ 25 TRAFFIC CONTROL AND PROTECTION, (SPECIAL) L SUM 1 5,000.00$ 5,000.00$ 26 EACH 10 250.00$ 2,500.00$ SUBTOTAL 308,750.00$ CONTINGENCY (10%)30,875.00$ TOTAL CONSTRUCTION ENGINEERING COST ESTIMATE W/ CONTINGENCY 339,625.00$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com TREE REMOVAL AND PLANTING SUBBASE GRANULAR MATERIAL, TYPE B, 4" PAVEMENT MARKINGS & SIGNAGE MISCELLANEOUS SEEDING, CLASS 2A EARTH EXCAVATION, 15" TOPSOIL FURNISH AND PLACE, 4" REMOVALS PAVING CONCRETE SIDEWALK REMOVAL INLET FILTERS STRUCTURES & ADJUSTMENTS YO2500-C GAB APRIL 2025 NORTHLAND LANE OFF-STREET PARKING ITEM BASE IMPROVEMENTS & EARTHWORK G:\Public\Yorkville\2025\YO2500-C General\Northland Lane Parking\Parking Lot\Preliminary Cost Estimate As requested, we investigated the possible adjustment of parking restrictions on Northland Lane adjacent to Cannonball Ridge Park from the west side of the street to the east side of the street. According to the Illinois Department of Transportation’s (IDOT) Bureau of Local Roads and Streets (BLRS) Manual, parking restrictions are established by the Illinois Vehicle Code (625 ILCS 5/11-1303). Parking is prohibited in the following locations: x in front of a public or private driveway; x within an intersection; x on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings; x within 15 ft (4.6 m) of a fire hydrant; x within 20 ft (6.1 m) of any crosswalk; x within 30 ft (9.1 m) on the approach leg to any intersection with a flashing signal, stop sign, yield sign, or traffic control signal located at the side of the roadway; x within 20 ft (6.1 m) of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 ft (22.9 m) of this type of entrance (when properly signed); x within 50 ft (15.2 m) of the nearest rail of a highway/railroad crossing on bridges or within a highway tunnel; and x in areas designated by local traffic and enforcement regulations (e.g., near school zones, loading zones, bus stops). See local ordinances for additional information on parking restrictions. x between a safety zone and adjacent curb or within 30 ft (9.1 m) of points According to Chapter 28 of IDOT’s BLRS Manual, the available sight distance for vertical curves, horizontal curves, and intersections should all be considered in setting parking restrictions. The existing parking restrictions on the west side of Northland Lane from Blackberry Shore Lane to Western Lane were implemented in 2014 (Ord. 2014-39, 8-26-2014). These restrictions, which are displayed in Exhibit 1, include several No Parking Signs bearing the text “THIS SIDE OF STREET.” The signs are located between the curb and sidewalk facing southbound Northland Lane traffic. Several fire hydrants located on the west side would restrict parking if not already restricted by City Ordinance. 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 James Jensen, Chief of Police Date: March 11, 2025 Subject: Northland Lane Parking Restrictions Packet materials from 3/18/25 PW meeting to follow The existing parking restrictions on the east side of Northland Lane from Western Lane to Blackberry Shore Lane include six residential driveways, the unmarked crosswalk at Western Lane, and the unmarked crosswalk at Blackberry Shore Lane. The amount of usable parking on the east side of Northland Lane currently totals approximately 720 feet. This can accommodate roughly 30 passenger vehicles, assuming a 20-foot vehicle length and a 4-foot spacing between vehicles per the BLRS Manual. Keeping the no parking zone on the west side of Northland Lane and introducing the development of Heartland Meadows West is displayed in Exhibit 2. The proposed development creates new parking restrictions on the east side of Northland Lane that include three additional residential driveways and sight restrictions at the new T-intersection. Sight triangles for westbound vehicles exiting the Heartland Meadows West development would impact the amount of usable parking for vehicles northbound on Northland Lane. The amount of usable parking space from Western Lane to Blackberry Shore Lane would decrease to approximately 168 feet. This would accommodate roughly 7 passenger vehicles, assuming a 20-foot vehicle length and a 4-foot spacing between vehicles per the BLRS Manual. The proposed Heartland Meadows West development and the adjustment of the no parking zone from the west side to the east side of Northland Lane is shown in Exhibit 3. Sight triangles for eastbound vehicles turning onto Northland Lane from Western Lane would impact the amount of usable parking for vehicles southbound on Northland Lane. Horizontal sight distance for vehicles travelling southbound around the curve on Northland Lane would also decrease the amount of usable parking on the west side. Considering these changes, the amount of usable parking on the west side of Northland Lane would total approximately 480 feet. This would accommodate roughly 20 passenger vehicles, assuming a 20-foot vehicle length and a 4-foot spacing between vehicles per the BLRS Manual. The analysis is summarized in the table below: Existing No Parking Conditions Existing No Parking Conditions with Heartland Meadows West Development Proposed No Parking Conditions with Heartland Meadows West Development Usable Parking Length 720 Feet 168 Feet 480 Feet Usable Parking Spots (24’ Space) 30 Passenger Vehicles 7 Passenger Vehicles 20 Passenger Vehicles No Parking Exhibits 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: The presentation material was not complete at the time of packet creation. If it becomes available prior to the Public Works meeting, it will be distributed via a supplemental packet, or distributed at the meeting. Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Old Business #2 Tracking Number PW 2025-34 Water Revenue Study Presentation Public Works Committee – April 15, 2025 None Informational A presentation will take place. Bart Olson Administration Name Department