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HomeMy WebLinkAboutResolution 2026-023Resolution No. 2026-23 A RESOLUTION OF THE UNITED CITY OF YORKVILLE, ILLINOIS APPROVING AN AGREEMENT FOR ACOUSTIC CONSULTING SERVICES WITH SOUNDSCAPE CONSULTING LLC WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City"), is a duly organized unit of government of the State of Illinois within the meaning of Article VII, Section 10 of the 1970 Illinois Constitution; and WHEREAS, as the complexity of development projects within the City increases, the City requires the assistance of an acoustic consultant to evaluate noise studies, conduct field inspections, prepare technical reports, and attend hearings, on an as -needed basis (the "Project"); and WHEREAS, the City has recently contracted with Soundscape Consulting LLC ("Soundscape") to provide acoustic consulting services for several recent proposed data center projects; and WHEREAS, Soundscape has submitted a Master Consultant Agreement and Scope of Services and Fee Proposal to the City (the "Contract'); and WHEREAS, under the Contract, fees would be charged to the City on an as -needed project -by -project basis; and WHEREAS, the City finds Contract to be satisfactory and wishes to enter into the Master Consultant Agreement with Soundscape Consulting LLC to provide acoustic consulting services to the United City of Yorkville, Illinois. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The recitals set forth above are incorporated into this Resolution as if fully restated herein. Section 2. That Master Consultant Agreement to provide acoustic consulting services to the United City of Yorkville, Illinois, by and between the City and Soundscape Consulting LLC, attached hereto as Exhibit A and made a part hereof by reference, is hereby approved, and the Resolution No. 2026-23 Page 1 Mayor and City Clerk are hereby authorized to execute said agreement on behalf of the United City of Yorkville. Section 3. That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2026. I Y CLERK KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE RUSTY CORNEILS AYE RUSTY HYETT AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this OU ay of , A.D. 2026, MAYOR Attest: Ty CLER Resolution No. 2026-23 Page 2 Soundscap Eng'ineep'ing PrartLrnl SoLvttovuL frDvw Profess%ovLal Eiwogtweers January 22, 2026 Ms. Krysti J. Barksdale -Noble, AICP Community Development Director (630) 553-8573 T (630)742-7808 M Icnoble@yorkville.il.us United City of Yorkville 651 Prairie Pointe Drive Yorkville, IL 60560 Subject: Master Consultant Agreement to provide acoustic consulting services to the United City of Yorkville, Illinois Dear Ms. Barksdale -Noble: Soundscape Engineering has been assisting the United City of Yorkville by providing acoustic consulting services on a project by project basis, most recently for the proposed Cyrus One Data Center, the proposed Project Cardinal Data Center, and the proposed Project Steel Data Center. You have requested this proposed "Master Consultant Agreement" so that you can take it to the City Council for approval with the understanding that even if Soundscape's cumulative services exceed $25,000 in any given fiscal year, Council authorization will be on file to allow services to continue without interruption. Qualifications Soundscape Engineering is a consulting firm that provides sound and vibration measurement, assessment, and design consulting services. We do not sell any products or have affiliations with any product manufacturers, allowing us to provide an unbiased service to our clients. Each of our Principal and Associate Principal Consultants is a licensed professional engineer and/or is Board Certified by the Institute of Noise Control Engineering. We have provided engineering consulting to address noise and vibration issues for numerous environmental impact assessment projects. We have authored noise ordinances (most recently for the Village of Wilmette) and assisted many Cities and Villages with acoustic issues. We presently have long-term contracts with several entities, including the City of Grand Rapids (M1) to support them when noise issues arise. We have been providing acoustic consulting services to Yorkville on a project by project basis, most recently for the Cyrus One Data Center, Project Cardinal Data Center, and Project Steel Data Center. Key Personnel Firm partner Nathan Sevener will be in responsible charge of the work performed under this agreement. Mr. Sevener is an engineer with 29 years of experience as an acoustic consultant. He is Board -Certified by the Institute of Noise Control Engineering and has consulted on over 1,000 projects during his career. Soundscape Consulting LLC Michigan • Illinois Indiana • Virginia (734) 49 8-8663 • (312) 436-0032 (317) 489-4151 • (703) 722-6633 www.SoundscapeEngineering.com Scope of Services and Fee Proposal SE Proposal 3028-25.1 January 22, 2026 Page 2 of 5 Resumes for Mr. Sevener and key staff that may support work performed under this agreement are included with the Soundscape Engineering company literature appended to this proposal. Scope of Services The scope of services will be set forth in individual Task Orders which reference this Master Consultant Agreement. Services may include the following aspects of acoustic consulting services. • Technical peer review of noise studies and modeling (all phases) • Field inspections/measurements and compliance verification (if needed) • Attendance at staff/consultant meetings and public hearings (upon request) • Coordination with applicants' acoustical teams and City staff • Memos and/or letter reports • Other acoustic consulting services mutually agreed upon by issuance and acceptance of a Task Order Schedule Soundscape Engineering shall commence, perform, and complete its Services according to the schedule agreed upon in the Task Order. Typical turnaround time for a peer review is three weeks, but this will vary depending on the complexity of the work, study, or report being peer reviewed. Typical turnaround time for site work is three weeks, but this will vary depending on the nature of the sitework. For sound level measurements, the turnaround time is dependent on the number of measurement locations, duration of the measurements, and acceptable weather conditions. For meetings to be attended virtually and that take place during the workday, we prefer at least a three day notice of the meeting time. We prefer to have a minimum two week notice for meetings that will occur outside of typical workday hours and for all meetings to be attended in -person. Soundscape Consulting LLC Michigan • Illinois Indiana • Virginia (734) 418-8663 • (312) 436-0032 (317) 489-4151 • (703) 722-6633 www.SoundscapeEngineering.com Scope of Services and Fee Proposal SE Proposal 3028-25.1 Professional Services Fee January 22, 2026 Page 3 of 5 Soundscape Engineering will perform services on a time plus expenses fee basis. Task Orders shall include a fee estimate. Soundscape will notify City prior to performing work that would result in the fee exceeding the estimate and will not proceed with the work until written authorization to exceed the initial Task Order estimate has been received from the City. 2026 Rate Schedule Personnel Principal Rate 265.00 Principal (Expert Witness) 440.00 Associate Principal 245.00 Senior Consultant 220.00 Consultant 180.00 Associate Consultant 150.00 CAD Technician 150.00 Clerical 125.00 Intern Consultant 90.00 I . Expert witness testimony, depositions, and time attending hearings are charged at this rate. Pass -through expenses may include airfare, mileage, lodging, meals, measurement equipment usage, printing, and other expenses reasonably incurred in the process of performing the Scope -of -Services. Expenses are passed on at cost (1.0 multiplier). Soundscape Engineering LLC's hourly charge out rates are reviewed annually, typically in January, and, at that time, may be increased. Generally, the annual hourly rate increase is a nominal amount to correspond with our estimate of increases in the cost of doing business and inflation in the local or national economy, and we will notify the City in writing of any increase in charge out rates. Primary Billing Contact Sarah Sevener, Controller Direct: (231) 974-2081 ssevener@soundscapeengineering.com Soundscape Consulting LLC dba Soundscape Engineering 729 W. Ann Arbor Trl. Plymouth, MI 48170 Soundscape Consulting LLC Michigan • Illinois Indiana • Virginia (734) 418-8663 • (312) 436-0032 (317) 489-4151 • (703) 722-6633 www.SoundscapeEngineering.com Scope of Services and Fee Proposal January 22, 2026 SE Proposal 3028-25.1 Page 4 of 5 Final Note Soundscape Engineering agrees to perform the Services set forth in Task Orders in accordance with the terms of this Master Consultant Agreement. Soundscape Engineering's standard Additional Terms and Conditions are considered applicable to this Agreement and have been appended to this letter. Please review them to confirm their acceptability. This Master Consultant Agreement, including attachments and Task Orders referencing this Agreement are incorporated herein by reference, and represent the entire Agreement and understanding between the parties. This Master Consultant Agreement may be modified or altered only in writing signed by authorized representatives of both parties. If you have any questions regarding this proposed Master Consultant Agreement, please call or send an email. Otherwise, if this Master Consultant Agreement is acceptable, please sign in the location provided below and return to our office via email or postal service. Sincerely, Soundscape Engineering Per: Nathan Sevener, INCE Bd. Cert. Principal Consultant nsevener SoundscapeEn ing eering.com direct: (734) 669-3260 Enc: Additional Terms and Conditions, Soundscape W-9, Soundscape certificate of insurance, resumes for key Soundscape personnel Authorization to Proceed— Sign below to accept this contract, including all terms and conditions. please return a copy to us via email or mail. Client (print entity name): United City of Yorkville Client Address (if different than addressee on this proposal) Approved by (print name): John Purcel Approved by (signature): I ` ' Date: a u- Soundscape Consulting LLC Michigan • Illinois Indiana • Virginia (734) 418-8663 - (312) 436-0032 (317) 489-4151 - (703) 722-6633 www.SoundscapeEngineering.com Scope of Services and Fee Proposal SE Proposal 3028-25.1 Additional Terms and Conditions January 22, 2026 Page 5 of 5 1. Soundscape Consulting LLC is domicile to the State of Michigan and registered with the Secretary of State in Indiana, Illinois, and Virginia. 2. "Soundscape Engineering" is a registered trade name of Soundscape Consulting LLC. Any reference herein to "Soundscape," "Soundscape Engineering," or "Soundscape Consulting" refers to Soundscape Consulting LLC. 3. For the local mailing address, contact Soundscape, or address purchase orders, payments, and mailings to Soundscape Consulting LLC 729 W. Ann Arbor Trl. Plymouth, MI 48170. 4. Offers are valid for 60 days from the date of proposal issue, unless notice of offer termination is provided by Soundscape Engineering. 5. Fees are invoiced monthly. For fixed -fee basis contracts, the amount billed is based on the approximate percentage of Soundscape's scope -of -services that has been completed. For time basis fee contracts, the amount billed is based on the number of hours expended and our hourly rates. 6. Accounts are payable within 30 days of City approval of invoice. 7. Payments by credit card incur a 3.5% surcharge. 8. Either party may terminate this Agreement upon at least seven (7) days written notice in the event of a substantial failure by the other party to perform. Such termination shall not be effective if remedied before expiration of the period stated in the aforementioned notice. This Agreement may be terminated by either party, upon written notice to the other, in the event that the project is suspended for more than ninety (90) days. 9. Soundscape carries professional liability coverage with an annual and per claim limit of $2,000,000. City hereby agrees that, to the fullest extent permitted by law, Soundscape's total liability to City for any and all injuries, claims losses, expenses or damages whatsoever arising out of or in any way related to the project or this Agreement from any cause or causes including but not limited to Soundscape's negligence, errors, omissions, strict liability, breach of contract or breach of warranty (hereafter "City's claims") shall not exceed the total sum paid on behalf of or to Soundscape by Soundscape's insurers in settlement or satisfaction of City's claims under the terms and conditions of Soundscape's insurance policies applicable thereto. If no such insurance coverage is provided with respect to City's claims, then Soundscape's total liability to City for any and all such uninsured City's claims shall not exceed the compensation paid to Soundscape under this Agreement. Lapse of Soundscape's Insurance coverage will trigger automatic termination of this contract. 10. City agrees that any time incurred by Soundscape to attend depositions or hearings, or fulfill the demands of subpoena, either at the request of City or by Court Order, shall be paid for by the City at Soundscape's standard hourly rates. Soundscape Consulting LLC Michigan • Illinois Indiana • Virginia (734) 418-8663 • (312) 436-0032 (317) 489-4151 • (703) 722-6633 www.SoundscapeEngineering.com