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Public Works Packet 2012 04-17-12 Co.o United City of Yorkville '" 800 Game Farm Road EST. _ 1835 Yorkville, Illinois 60560 -c Telephone: 630-553-4350 O L Fax: 630-553-7575 �C E AGENDA PUBLIC WORKS COMMITTEE MEETING Thursday, April 17, 2012 6:00 p.m. City Hall Conference Room Citizen Comments: Minutes for Correction/Approval: March 12, 2012 Minutes for Reconsideration: 1. October 18, 2011 2. November 15, 2011 3. January 17, 2012 New Business: 1. PW 2012-25 Engineering Contract for Game Farm Road Construction —HR Green 2. PW 2012-26 Engineering Contract for Safe Routes to School Grant— EEI 3. PW 2012-27 Weed Ordinance Procedures for Summer 2012 Old Business: Additional Business: UNITED CITY OF YORKVILLE WORKSHEET PUBLIC WORKS COMMITTEE Tuesday, April 17, 2012 6:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- l. March 12, 2012 ❑ Approved ❑ As presented ❑ With corrections --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR RECONSIDERATION: --------------------------------------------------------------------------------------------------------------------------------------- 1. October 18, 2011 2. November 15, 2011 3. January 17, 2012 --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2012-25 Engineering Contract for Game Farm Road Construction—HR Green ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2012-26 Engineering Contract for Safe Routes to School Grant—EEI ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2012-27 Weed Ordinance Procedures for Summer 2012 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 0 CIP Reviewed By: Agenda Item Number J� 6 Legal ❑ Minutes EST. 1&36 Finance El Engineer ❑ Tracking Number Gy City Administrator El r� 9 _© Public Works ❑ Agenda Item Summary Memo Title: Minutes of the Public Works Committee—March 12, 2012 Meeting and Date: Public Works—4/17/12 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Committee Approval Submitted by: Minute Taker Name Department Agenda Item Notes: UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville,IL 60560 PUBLIC WORKS COMMITTEE MEETING City Hall, Conference Room Tuesday,March 12, 2012 at 7:00 p.m. COMMITTEE MEMBERS PRESENT: Alderman George Gilson Alderman Jackie Milschewski Alderman Diane Teeling Alderman Larry Kot OTHER CITY OFFICIALS PRESENT: Krysti Barksdale, City of Yorkville Eric Dhuse, Public Works Director Brad Sanderson, EEI OTHERS PRESENT: Deb Kaiser-Windett Ridge Kathleen Neddo -Windett Ridge Robert Delo - Maximum Property/Windett Ridge Rose Delo - Maximum Property/Windett Ridge Citizens Comments: Alderman Gilson thanked the residents for being in attendance. Minutes for Correction or Approval: The minutes for the February 21, 2012 were approved. New Business: PW 2012-23 MFT General Maintenance Appropriation Resolution for FY 2013 - Mr. Dhuse stated this is a yearly appropriation the city has to do. Mr. Dhuse stated this year salt is half of the normal order which saved the city$85,000. Alderman Gilson asked if funds can be shifted around. Mr. Dhuse stated yes, within the appropriate group to a certain extent. Mr. Dhuse said the city can re appropriate funds, if needed. Mr. Dhuse said this is what the city plans on spending. He stated this is to give us an idea, so that the city doesn't overspend. Alderman Kot asked how this fiscal year is going. Mr. Dhuse stated very good. Alderman Kot asked about patching. Mr. Dhuse said in April the asphalt plants open and the city plans on addressing that at that time. This item is moved to consent. PW 2012-24 Property Maintenance Violation Updates -Krysti Barksdale stated the first item is Pets One and they are in violation with an odor in their facility and the facility next door. Krysti said she did an inspection in January and there were animals that didn't meet regulations. Krysti said she took pictures of reptiles and rodents that were loose in the facility and the city sent a violation notice. She stated when she went back in February, animals were caged and under control and the smell was better. Krysti said the city received another call the smell had returned and she went back and it was very strong. They are scheduled for adjudication in April. She said they are in contact with the property owner and the city has a good relationship with the owner. Alderman Kot asked about a dead tree on Spring Street. Krysti said they checked on that and the city was told it was bank owned. The city went to the county and found out the owner was still responsible for the property and they were issued a citation, which stated they had to remove the tree by February 4, 2012. The city tried to work with him and nothing happened, so she stated the city issued a citation and they will be on the April 11th adjudication. Krysti stated on the Nicholson property the city went back and cited him for disrepair and requested for compliance by the 21st of this month and there is a 30 day compliance period. The city will follow up with inspection on the 21 st and this is the third round of inspection citations. Alderman Gilson asked if this is fence related. Krysti stated it is fence and vehicle related. Krysti said in Raintree, we had complaints of illegal dumping around the retention pond. The city went out on the 27th of February and couldn't determine where the source was. On the 20th, the city sent letters to residents that dumping was illegal and hopefully, we will get a response. Krysti said she can get them a copy of the letter. She stated they have not had anymore complaints. Krysti said there were complaints on 400 Bridge Street about dumping. The city didn't find anything on that complaint. Krysti said on 301 W. Jackson Street there were complaints of goats in the front yard. She stated they were fenced, but two goats were there and violation notices were sent out to comply by February 24th. She stated the resident did comply,but the city received a call that a goat was back and city went back on March 6th and the goat was back. Alderman Gilson stated he received a call from Windett Ridge where someone was evicted and there were things in the front yard. A resident stated it was cleaned up. Krysti stated to notify the city because when they are evicted it is the county which takes care of it in 10 days and the residents have to get their belongings. Alderman Gilson asked if the city is continuing to site the Windett Ridge property owners with continual violations on the weeds. Krysti stated as of May 1 st, if they are in volition, the city will cite. Alderman Gilson has an e-mail from a resident about moving a chain link fence on Game Farm Road. Alderman Gilson read the e-mail about residents cleaning up paper along the fence and the fence is broken. There were pictures attached showing damages. The residents stated they always maintain and clean up the trash. The resident stated there are now drinking parties going on there. Alderman Gilson stated the residents object to taking down the fence because the traffic from events the city holds cause people going through their properties. The residents would like the fence to remain. Mr. Dhuse stated this is the park department area. Mr. Dhuse said the fence is in bad shape. Alderman Teeling stated the homeowners can put up a fence on their own property. Alderman Gilson read a letter that was sent to Bart Olson about the driving range. The residents letter is about the problem of golf balls in the residents yards. The resident is asking for the city to use whatever resources they can to help with this issue. The resident stated they were told to let the city know about each incident. The resident listed the many incidents in the letter to the city. The resident is worried that someone is going to get hit by a golf ball. That e-mail was responded to by Bart Olson in which Mr. Olson told the resident it is up to the property owner. Alderman Gilson asked why did the city tell the resident to document these incidents. Krysti stated she researched the wind patterns in the area and looked at the dates. If you look at that when these occur it is usually the third week of each month. She checked if there was a certain group that attended the golf range at that time. The city was told no. The wind patterns do not typically flow in the direction of those particular lots. Krysti said there is no property maintenance issue the city can cite them on,unless there is an injury. Alderman Gilson said so someone has to get hurt for the city to do something. Krysti said no, she talked Bart Olson to see if the city can have the owner put up a net and Mr. Olson said it is cost prohibitive and the city cannot force them to do that. Krysti said she looked into different case law with golf courses. Krysti said the city has no authority when a housing authority comes in knowing there is a golf course. It then becomes an insurance issue. The city cannot step in because they are not violating any ordinance we have on the books. Alderman Gilson said this is a driving range not a golf course and the residents were told there was a buffer there and that is not the case. Alderman Gilson stated he doesn't understand how this issue is any different from any other time someone is in danger. Krysti said she is not public safety she is property maintenance. Alderman Gilson said the residents don't understand why they were told to document these issues, if the city cannot help. Krysti stated she doesn't know the answer to that, it was before she was involved. She stated maybe the police should be involved. Alderman Milschewski asked if the driving range was there when the houses were built. Mr. Dhuse said yes. Alderman Milschewski said the residents knew this was a possible issue then. She stated she doesn't want anyone hurt,but they bought knowing the range was there. Alderman Kot asked if there was a way to put trees or something else there. Alderman Milschewski asked how long ago the buffer was put in. Mr. Dhuse stated mid 90's. Alderman Milschewski stated since then, things must have changed. Alderman Gilson stated the residents'personal property and safety is in jeopardy because the property owner doesn't want to step in. Alderman Milschewski stated that makes it a public safety issue. Alderman Gilson stated he doesn't want to keep sending this to different committees. Alderman Kot said the residents need a straight answer. The legal department said the city cannot pursue this it is a civil matter. The residents can sue the range if they choose. Alderman Kot asked how many homes are affected. Alderman Gilson stated seven are complaining, but there are 14 or 15 that are affected. Alderman Gilson said all driving ranges I know of have a net. Alderman Gilson said someone is going to get hurt. Alderman Gilson asked Krysti to talk to the owner of the golf range and tell him the limited flight golf balls are not working and if there is anything else he would do as a respected business neighbor to these residents to help resolve this issue. Alderman Gilson asked about Tommy Hughes Road. Krysti said they fixed the potholes. Alderman Milschewski asked about the trees being cut down in order to widen Route 47. She asked about how the trees are being cut down and left. Mr. Dhuse said there is not method to it, he thinks they will be back to finish certain trees. Alderman Milschewski said she doesn't understand why they don't take all of the tree at once and not leave them half done. Old Business: PW 2012-22 -Windett Ridge Bond Call Update-Alderman Gilson said he had this added although the city asked us to limit discussion.Alderman Gilson said he feels the city owes it to the residents to give them an explanation. Krysti said in Bart Olson's memo it stated that when we first engaged for notice on demand on bond, because it was 2004 a lot of the companies had moved, and they were sent back. The city found them and resent them and the companies responded. Lexon wanted more information and Travelers requested a lot of information. Counsel is reviewing it now to make sure the information is correct. Krysti said Travelers denied the call for a couple reasons and the city is waiting on counsel for recommendations. Alderman Kot said before the city could even provide the information, Travelers denied this. Krysti said yes. Alderman Gilson read the letter from Wiseman Hughes relaying their responsibility with a two year limitation. Wiseman Hughes said something also had to be done within 12 months of when it was discovered. Alderman Gilson said that bonds the city holds only devalue. Alderman Gilson said how many other development agreements out there does the city have like this that have the 12 month clause and two year limitation. Krysti said she is not sure. Alderman Gilson said the city needs to look into this issue and it needs to be addressed, so the residents do not suffer. Alderman Kot asked if legal counsel is presently reviewing this issue. Krysti said yes they are reviewing my response. Alderman Gilson said the city didn't have enough securities in this particular subdivision. Alderman Gilson stated now to make it worse, the city might not be able to collect on any bonds. Alderman Gilson said he has been saying these things need to be looked at for a long time. Alderman Gilson said the city needs to start calling bonds. Debra Kaiser stated she is very disappointed in this city. She stated they are faced with what should have been the city's responsibility for 107 residents. She said she feels the city would look at the bonds as a asset. She asked why has the city not followed up with what company is holding their money. Krysti said in general the city does know the bonds the city has for subdivisions. Krysti said there is a process, which requires litigation for at least a year, which is costly for the city that is why the city tried to work with developers. Krysti said in 2010 the city was working with Windett Ridge some things were done by the bank and that was why the city hadn't called the bonds. Krysti said once this process starts everyone digs their heels in, the bond companies not wanting to pay and developers not wanting to finish the development. She said that is a standard response. Kathy Neddo stated her guess is they are looking at all the dates. What Wiseman Hughes will give them will be much different. Ms. Neddo said she has letters from 2009 asking to pull the bonds. Ms.Neddo said there are pictures and a lot of documentation to the city letting them know. The city says the homeowners are responsible. Ms.Neddo said they should not have to fix the pond when the city was negligent by not following up with the builder. Ms. Neddo said the flooding problem was fixed and they blacktopped the main streets,but she stated during that time the pond issue was brought up. Ms. Neddo said now in 2012 the attorneys are looking at dates trying to figure out when the communication took place. Ms. Neddo said to look at the minutes starting in 2009 with complaints from residents. Ms. Neddo said the city never followed up to see if the items were done. Ms. Neddo said the homeowners are not going to be able to cover this more homes will foreclose. Ms.Neddo stated the city has ownership here. A resident said she appreciates Krysti talking about the process. She asked Krysti why did we end up in this situation when each document states time lines to respond and why was no one managing that. Mr. Dhuse said he believes that is what the counsel is looking at the dates that Wiseman Hughes gives to the bond company is completely different. Mr. Dhuse said the city is not questioning the dates this is their standard response. Krysti said another issue is when Wiseman Hughes lost the property, the idea was the bank was moving forward doing things. Not that calling the bonds was off the table, the city was getting more response from the bank. Alderman Gilson said that is not true. Alderman Gilson said the only thing we fought for was Claremont Court and he stated we didn't make any progress with the bank. Krysti said that in 2011 the city was informed Windett Hughes next generation has taken over. Alderman Gilson said the residents are trying to say whoever it is, why is the city just looking at this now when they are denying the bonds. Shouldn't the city have been aware of these time lines. Krysti said there is a legitimate response from the city, but she can't put it on record. Alderman Kot said this will be discussed in executive session correct. Krysti said yes. Rose Delo stated she and her husband are managing Windett Ridge property. She asked about when the bonds are issued, doesn't the city look over this documentation and why was this not noted to check the dates because then we lose claim to the bond. Ms. Delo stated someone let this fall through the crack. She stated the homeowners cannot cover all that needs done in this subdivision. Ms Delo said the liens are not even enforced for moving lawns. Bob Delo asked has the City of Yorkville successfully called bonds on other developers and what are they. He asked what is the process as far as steps. Krysti stated after the city demands bonds, the legal side takes over beyond that she said she can tell him the process usually takes about a year. Alderman Milschewski said the city is in historic times for this area. If the economy hadn't tanked, this would not have happened. She said she doesn't know if the city has called them before. Alderman Kot said he doesn't recall ever having to do that. Alderman Teeling said Whispering Meadows, which is pending. Ms. Delo asked if anyone was looking at the clauses in there. She said someone blew that. Alderman Kot said we don't know for sure and we are getting ahead of ourselves. Alderman Kot said the city needs to see what legal counsel finds out and go from there. Ms. Delo asked why did the city wait until now. Alderman Milschewski said we don't know all these things. Alderman Gilson asked about a spreadsheet of developments and agreements that are periodically checked. Krysti said yes she said she has a list of all bonds now. Alderman Milschewski said she knows there are spreadsheets she turned over when she was clerk and the information was there for each subdivision. Alderman Gilson said it is unprecedented times and these times are going to continue and this issue needs addressed. Ms. Neddo said insurance companies don't want to pay anything. She said the legal department is going to say based on the contract the dates look fishy. Ms.Neddo said lets wait for the answer form the legal department. She just wants it clear there was a lot of communication between everyone. Ms. Neddo said you cannot leave the residents left in the middle. Ms.Neddo said the pond needs fixed, then homeowners can pick up the maintenance of it. Alderman Teeling said the issue with Claremont Court and roads were done and if we would have called the bonds then, they wouldn't have fixed that. Ms.Neddo said while those things were getting fixed they were trying to negotiate and work with the bank to take care of the pond,but the builder came back to buy lots again. Alderman Teeling said if we had called the bond then, the roads would not have been fixed. Alderman Gilson said that is not true. Ms. Neddo said the city was trying to work with the bank to get those two big issues taken care of Ms. Delo said the bigger issue is the system on this needs to be fixed. Alderman Milschewski said the city understands this. The city didn't anticipate this and now it is come to light and it is being addressed and the city will be proactive. Alderman Milschewski said when this area boomed no one thought this would happen. She said all the city can do is move on from here. Alderman Milschewski said she has sat on counsel for 11 years and she doesn't think anyone dropped the ball,but our economy tanked and we have to learn from this and address it. A resident said a contract is a contract and they all have clauses in them with dates and specific termination information, so if this is the problem with bonds, the city should be looking at all the contracts. Alderman Kot said just so everyone is aware when this becomes a legal matter, our ability to communicate some of this to the residents will become very limited and we will tell you what we can. Ms. Neddo said we just have to communicate. Alderman Gilson said he wanted to bring it to the table tonight so the residents would know where the city was at. Ms.Neddo said she understands this will take time. The residents just want to know the city is working for them. Alderman Teeling said that is what the city is doing. Additional Business: Alderman Kot asked about the status of the road study. Mr. Sanderson said he is waiting on direction from Bart Olson to begin. Alderman Kot asked if someone will be in attendance from the city at the Route 47 meeting this week. Mr. Sanderson said he will be attending and report back. Alderman Milschewski asked about Coined getting a truck stuck and the Coined guys had a brawl and left it a mess. Mr. Dhuse stated that will be taken care of by Coined. There being no further business, the committee adjourned at 7:16 p.m. Minutes Respectfully Submitted by: Lisa Godwin Minute Taker Reviewed By: Agenda Item Number 0 •t► Legal ❑ Minutes Finance ❑ EST. -�` _ 1s36 Engineer ❑ �:--- g Tracking Number uJ City Administrator ❑ Public Works ❑ �CEti�`; El Agenda Item Summary Memo Title: Reconsideration of Minutes of the Public Works Committee—October 18, 2011 Meeting and Date: public Works—4/17/12 Synopsis: Request to reconsider previously approved minutes for additional corrections. Council Action Previously Taken: Date of Action: PW 2/21/12 Action Taken: Minutes approved by committee. Item Number: Type of Vote Required: Majority Council Action Requested: Committee Approval Submitted by: Alderman Gilson Name Department Agenda Item Notes: APPROVED 2/21/12 UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 PUBLIC WORKS COMMITTEE MEETING City Hall, Conference Room Tuesday, October 18, 2011 COMMITEE MEMBERS PRESENT: Alderman George Gilson Alderman Diane Teeling Alderman Jackie Milschewski Alderman Larry Kot OTHER CITY OFFICIALS PRESENT: Bart Olson- City Administrator Eric Dhuse - Public Works Director Brad Sanderson - EEI Krysti Noble - City of Yorkville Mark Hardin-Building Code Official The meeting was called to order at 6:00 p.m. Citizens Comments: There were no citizens comments. Minutes for Correction or Approval: Alderman Larry Kot had one correction and Alderman Gilson has one. Minutes were then approved. New Business: PW 2011-60 Rush Copley Phase 1: Mr. Sanderson stated there was a request from Rush Copley to accept phase one of their improvements. He stated that in July, we met with them and have been looking through files and all their punch list items have been addressed. Mr. Sanderson stated it is appropriate to be taken to acceptance with reduction of credit to the value stated in the memo. This item is going to consent. PW 2011-61 Lot Mowing Procedures -Alderman Gilson said he is the one that put this item on new business. He stated that he received some questions from the Windett Ridge HOA and wanted to know what the procedures are. Alderman Gilson said he would like to know what the general guidelines are when we are talking to constituents and HOA's. Mr. Olson stated the city stopped mowing after we did a few large properties. He stated we determined it was a huge strain on our equipment and time for a lot of the larger lots, our equipment was not sufficient to handle it. Mr. Olson stated the success rate of receiving the payment for mowing was not successful. Mr. Olson stated the city then decided to try something new and make it punitive, fine them and pay per day, so when they are out of compliance it will turn into a lien on the property until it is mowed. Mr. Olson stated the city does not have the manpower for taking care of the mowing. The city decided a few years ago to stop mowing and take a different approach. Mr. Dhuse stated the city can do one or two lots between homes or situations like that, our mower is only six foot wide. Mr. Dhuse stated they did one of those last week. Mr. Olson said he would be happy to do it, if we could find a contractor that was willing to take the risk and go after the property owners and not get paid from the city, so we are not paying mowers and throwing money away. Alderman Kot asked on the lots that you have mowed recently, what percentage have you been paid for. Mr. Dhuse stated it is about 25%. Mr. Dhuse stated there are a lot of liens out there. He stated most of the time it doesn't happen on vacant lots it is usually on the homes because when they go to sell, they have to pay it. Mr. Olson said their decision making was with the larger subdivisions there are areas we could mow, but we are making sure that our costs are not cheap enough that the developers just look at it and decide it is easier for the city to take care of and pay us when we are done. Alderman Teeling asked for the committee to explain to her what the residents of Windett Ridge were asking for because she thinks this prompted a lot of this problem because they didn't have any money. Mr. Olson said they didn't have money to begin with. Mr. Olson said their specific request was they came to us as an entity and said there is a receivable in the annexation agreement. Wiseman Hughes oversized the sewer and the city is going to pay for it by October 2013. They said there is not money to pay mowers, the city owes us this in two years, so pay now and the city can mow and use our mower and we will schedule them and we will pay the invoices when then come in. Mr. Olson said the city brought that to committee and the committee and residents said no thanks, the city is not even sure that money is owed. Mr. Olson said the city told them they need to prove they are good stewards of the property before the city entertains bartering. Mr. Olson said that was relayed to them prior to the meeting and Mr. Olson said that is a good policy because you can't come to the city and expect us to bend without showing an effort to be flexible as well. Mr. Olson said if they would have done that, they might have had a different response, not necessarily with a different result. Mr. Olson said he feels that it might have been debated more than it was. Alderman Gilson said the residents called Mr. Funkhouser and he called me and I relayed to him that I had spoken to the HOA already and know their direction.Alderman Gilson said we had them all come here and gave us a clear direction and we followed that direction. Alderman Teeling stated the problem is that property is still not getting mowed and Windett Ridge still doesn't have the money to do this, we are doing all we can do.Alderman Gilson stated that we made that clear at the last meeting. Mr. Olson said that we asked for a $10.00 per day per fine. Mr. Olson stated that we made it punitive that it is not a good option to let it go. Mr. Olson said the adjudicator ruled $5.00 per day and we are coming back to the Administration Committee to set a minimum fine of $25.00 per day, which is reasonable. Mr. Olson stated we want to make it clear that when you take on property in Yorkville, you need to maintain it. Alderman Teeling stated they have not mowed. Mr. Olson stated that our intent will be to ask for a violation from the last adjudication hearing date in September. Mr. Olson stated he is not sure if that will hold up or when we write the new ticket. Alderman Gilson asked when will we lien the property. Mr. Olson stated the lien should be the next week. Mr. Olson said that you can include lien release costs in the lien. Ms. Noble stated that they are getting all the addresses, so it should be done by the end of this week. Alderman Gilson stated that we have a staff now that will be working on weed violations and asked if they have been working on it. Mr. Olson stated yes. Mr. Hardin stated that Mr. Olson gave him several subdivisions to work on. He stated that he has been working on those. Bristol Bay, Windett, Blackberry Woods, Grand Reserve. He stated that Bristol Bay mowed some. Mr. Hardin stated that Autumn Creek mowed some there also. Alderman Kot asked if it is the developer or individuals. Mr. Olson stated it is both. Ms. Noble stated that it is only two lots out of all of them. Alderman Gilson asked for the names of who owns those properties because the HOA has asked him for that information. Alderman Gilson asked if we put a time line on how long we expend trying to contact a property owner. Ms. Noble stated it is a phone call to see if we can get in contact and we are out there that day or the next. Alderman Gilson stated this is the single biggest issue that he gets contacted about. Alderman Gilson asked how long does the city wait until we place a lien. Mr. Olson stated that after adjudication and judgment they are given a date which to pay by,we usually lien it right after that. Mr. Olson said you have to give someone an opportunity to pay before you lien. Usually 30 days after invoice, it can take 2 months after a call. Mr. Dhuse said that we had some habitual offenders, so instead of filing four liens, we just wait and now file one lien for the entire amount. Alderman Kot asked if there are situations where neighbors are just doing the mowing themselves. Mr. Dhuse said yes, usually the front. PW 2011-62 Public Works Committee Schedule 2012 -The Committee agreed the dates are fine. Old Business: Pavement Management Study-Mr. Olson asked if there was a graph showed in the last meeting to show that there is a nonlinear relationship of how much it costs to repair pavement when you do it. Mr. Olson stated that $100,000 is a lot of money,but before we spend $300,000 down the road,we should figure out what the best point of action is for specific roads and go there. Mr. Olson said that they have $100,000 in the city wide capital fund next year for road resurfacing. He stated that we could use that money for this study. He stated that he realized that we then can't resurface until 2014, but he feels that the study will show that some roads, if we catch them now,will save us in the long run. Alderman Teeling stated she feels that it is a good idea, but she feels that we should not spend money on the study and use the money for resurfacing. Alderman Gilson stated he is in agreement with Alderman Teeling. Alderman Gilson said that we have resurfacing that we need now. Alderman Gilson said until things get better,we should use the money for what needs immediate resurfacing and wait until times are better to do the study. Alderman Gilson said that he sees the value to it, but not at this time. Alderman Kot stated that road repair is a complex issue. Alderman Kot said that he has seen when they fixed Main Street years ago, as a temporary repair, it is still holding up fairly well. Alderman Kot said he sees the value in the study and would like to see us do it. Alderman Kot stated that $100,000 doesn't fix a lot of roads. Game Farm patching was $50,000. Alderman Kot asked with the $100,000 what will be the first street you will work on. Mr. Dhuse stated that is a very tough call. Alderman Milschewski stated that she supports the study because it will get us moving in the right direction. Alderman Kot stated the way the budget is looking in the near future, the city is not going to have much impact on repairing our streets. The little bit at a time doesn't get it done, and we don't have a maintenance plan in place and our streets are getting worse. Alderman Gilson stated from the staff level, he can see why you would want this study, but from a resident perspective I can see they want the roads fixed. Alderman Kot said that the roads will not be fixed with $100,000. Alderman Milschewski said if we have $200,000, we can get the study done and then the study can tell us the best way to use the $100,000. Mr. Olson stated that Montgomery just completed theirs with EEI. He stated that it gives a budget figure going forward, so that we know what needs fixed immediately and what can just be seal coated. Then look and see what needs maintained and see what we need to spend out of the budget each year. Mr. Olson stated that Montgomery's number is 2.2 million each year, which is why they are going for a referendum and saying that we are not letting roads deteriorate and see if people can do this. Mr. Olson said that we need to look at budget re-appropriation or a tax increase.Alderman Gilson said that we are locked up in committee and it is not going anywhere. Alderman Teeling said that Montgomery has done the study and now they are going for a referendum and she stated she is not going to do that. Alderman Kot stated we don't know what we are going to do, but at least we would have the problems identified. Mr. Olson stated that in the next few years, the city is going to have a big problem when all of the large subdivisions that have tens of miles of roads in each one will have to replaced. He stated that he would like to get something in place to know what we need to do in the future and the costs. Alderman Gilson stated that we have sewers and other things to fix. Alderman Gilson suggested taking it to committee for discussion. Alderman Kot asked about where Mr. Olson could find an extra $100,000. Mr. Olson stated that the city has tentatively budgeted for next year, so if that is where the target is, and the city wants to do this, he stated that we can move things around for where our priorities are. Alderman Kot said that if the city would have had something like this in place 10 to 15 years ago, the city wouldn't be in this bad situation like we are today. Alderman Kot said that to spend it on the study now will save us money in the future. Mr. Olson agreed. Alderman Gilson stated that we should bring this to city council for discussion on 10/25/11 not on consent agenda. Mr. Olson stated that a presentation would be appropriate. Flooding issues in Sunflower Estates Update: Mr. Sanderson stated a memo was put together for an alternative of funding for this improvement. There is a SSA that is in place for maintenance and repair of facilities related to storm water within that development. Mr. Sanderson said we outlined some alternatives and there is a maximum levy. He stated we looked at a five year or ten year payback and what the taxes would be. Mr. Sanderson stated out of a 117 parcels on site we recommend that we spread it to all the parcels. Mr. Dhuse stated he put together a cost estimate. He stated it is lower, but there are some big considerations to look at. Mr. Dhuse stated it is an estimate because there is a lot of unknowns. He stated it is a good base number, but it will probably turn upward. Alderman Gilson said his contention with this line of thinking, is the 10 year standards were in there and the engineering standards in place at the time didn't have issues to prevent flooding every couple years,which is what the residents are dealing with. Being that the city standards didn't have the 100 year standards in there they were 10 years, I think they were lacking. The fact is that it has caused flooding amongst property owners seven out of 117. If we had the 100 year standards, we wouldn't have the flooding issues. I don't think the residents are going to appreciate staffs line of thinking. Alderman Gilson doesn't feel it is the right way to go about it. The city shouldn't add an SSA tax to the residents. Alderman Kot stated it is a steep increase and they are not happy with the SSA now. Alderman Gilson stated the residents are expecting the city to step up and handle this. Alderman Milschewski stated here is another thing we don't have the money for. She said she feels sorry for them and this problem,but we have to fund it. Mr. Olson stated in other areas had this issue created SSA's. Mr. Olson stated that since they already have an SSA, we looked at handling it this way and it will immediately take care of the problem. Mr. Olson stated that technically, yes that should have been in place and you should have already paid for it,but didn't, so it would go to those residents. Alderman Gilson stated he doesn't agree because he stated that we don't know what those costs would have been, it is subjective. Alderman Milschewski stated if it effected more than seven people, it might be different. Alderman all agreed that this waits until we have funding. Windett Ridge Mowing Update-Ms. Noble stated that she has been in contact with the development and she let them know that the city is going out this week. She stated that the development said they don't have the funds to do it, so the city is going to site them this week. Update on Road Maintenance on Tommy Hughes Way-Ms. Noble stated that she did contact the bank to see if we can get any information on this supposed agreement. She stated that she didn't get a response from them. Ms. Noble said it is First Midwest Bank. Alderman Gilson asked if anyone has contacted Shell to see what their agreement is in this. Alderman Gilson asked if we are going to continue to try to contact them. Ms. Noble stated that she will try. Alderman Gilson stated that road is in really bad shape, and someone needs to address it. If the agreement is no one is going to do it, then we need to let people know that. Ms. Noble stated that Circle K/Shell are going to put barriers up because they don't want to incur more costs after Circle K/Shell repaired the pot holes. Ms.Noble stated that she has not heard anything else since Circle K/Shell stated they are putting barriers up. Alderman Gilson asked when Circle K/Shell are going to have the barriers up. Ms. Noble said that she doesn't know how soon that will occur. She stated that she will check into it. Alderman Kot asked about the partially finished building back off that road. Mr. Dhuse stated that the developer fell ill. Ms.Noble stated that he contacted us last year to extend his building permit. The city asked him to secure the building and then it went through foreclosure. Kendall Marketplace Development Improvements -Mr. Sanderson stated that the contractor has been on site. He stated they placed stone on site and they are getting driveways ready for pavement. Alderman Gilson stated he is happy that this is being done, so the city might get some more commercial development there. Additional Business: Alderman Milschewski asked about Nicholson property and the fence and the vehicles sitting there. Ms. Noble stated strategically, the city went for what we could get a good judgment against, which is the fence. Ms. Noble said the city would have to basically do a stake out to show that for 30 consecutive days the vehicle has been there and has not had permits or tags then come to adjudication. Alderman Milschewski stated the semi has not moved in years. Ms. Noble stated that it is registered. Ms.Noble stated that the city is going for things that we have manpower to do and that we can get some compliance for. Alderman Milschewski asked about the fence. Ms. Noble stated he has to fix the fence along Mill and Van Emmon. Ms.Noble said the city will be out there for the weeds again. Alderman Gilson asked about oil. Ms. Noble stated that is hard to prove. Mr. Olson said the only leak found was an oil can covered in a box. Mr. Olson said the EPA didn't see anything. Alderman Gilson asked about the building having water service. Mr. Olson stated it doesn't and the last time we went to court with this the judge told us to work that out ourselves. Alderman Kot stated that there is a public safety concern. Alderman all agreed that the property needs cleaned up. Alderman Kot asked about the widening of 47 on the north end of town.Alderman Kot said if there is still a traffic issue in the morning going up 47 with Jericho backing up. Mr. Dhuse said that it is in phase one,which is the documentation then phase two is the design phase then phase three is construction. Mr. Dhuse stated he thinks that it will be the last piece of the puzzle. Mr. Olson stated he thinks it would be next. Mr. Dhuse said as far as traffic signals we have been in contact with IDOT and tried to work with them. He said once you leave Galena Road, it is a completely different sequence in timing and I am sure that it is not high on their priority list. Alderman Kot said he is concerned for those that drive that every day. He stated that the Jericho light is the cause of the problem. He asked if they could be contacted again. Mr. Dhuse stated he is correct it is the timing. There being no further business, the committee adjourned at 7:10 p.m. Minutes Respectfully Submitted by: Lisa Godwin Minute Taker Reviewed By: Agenda Item Number 0 •t► Legal ❑ Minutes Finance ❑ EST. -�` _ 1s36 Engineer ❑ �:--- g Tracking Number uJ City Administrator ❑ Public Works ❑ �CEti�`; El Agenda Item Summary Memo Title: Reconsideration of Minutes of the Public Works Committee—November 15, 2011 Meeting and Date: public Works—4/17/12 Synopsis: Request to reconsider previously approved minutes for additional corrections. Council Action Previously Taken: Date of Action: PW 2/21/12 Action Taken: Minutes approved by committee. Item Number: Type of Vote Required: Majority Council Action Requested: Committee Approval Submitted by: Alderman Gilson Name Department Agenda Item Notes: APPROVED 2/21/12 UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 PUBLIC WORKS COMMITTEE MEETING City Hall, Conference Room Tuesday, November 15, 2011 at 6:00 p.m. COMMITTEE MEMBERS PRESENT: Alderman George Gilson Alderman Diane Teeling Alderman Jackie Milschewski Alderman Larry Kot OTHER CITY OFFICIALS PRESENT: Alderman Rose Spears Bart Olson- City Administrator Eric Dhuse - Public Works Director Brad Sanderson - EEI Krysti Noble - Community Development Director MEMBERS OF THE PUBLIC: Tony Scott, Kendall County Record Rolph Snowbeck, Resident of Grande Reserve Becky Snowbeck, Resident of Grande Reserve Alderman Gilson called the meeting to order at 6:00 p.m. Citizens Comments: None. Minutes for Correction/Approval: PW 2011-65 Kennedy Road Shared Use Path -ITEP Grant Award -Mr. Olson stated this is a grant the city was awarded last year for Kennedy Road east of 47 to Grande Reserve and a final link to the Chicago Trail System. Mr. Olson said the total cost of trail is $350,000 because it is a federal grant and requires a fair amount of paperwork and engineering, which is a additional financial obligation to consider and it is four to five years out. Mr. Olson stated a minimum of three years before construction and the cost to the city would be $45,000 over three years. Alderman Teeling asked what happens if the city does not do it. Mr. Olson stated that there is not a penalty and the city can apply again. Alderman Teeling said she talked to a lot of residents and they all are in favor of this. She stated that they love the trails in their subdivision and they want this link. Alderman Kot asked about the net cost to the city and Mr. Olson said for the next three years it would be $45,000. Mr. Olson stated after that the construction is around$350,000. Alderman Kot asked when the city applies for the state grant. Mr. Olson stated the city would apply for that after the city decides to do this. Mr. Olson stated that would get it below$200,000. Mr. Olson stated the issue on the table tonight is an engineering contract with EEI to do phase one and two and it is over$20,000 so it has to be signed off by city council. Mr. Olson said that additionally IDOT requires to do a trail/grant agreement committing to do a trail. Mr. Sanderson stated it is a joint agreement that specifies the funding for phase one and two engineering. Mr. Sanderson stated it must be completed within 10 years. Mr. Sanderson said once the city commits to start, it must follow through or could be subject to reimburse the state. The city has 10 years to get the project started with construction. Alderman Gilson asked about the $45,000 for the first three fiscal years and if it has been budgeted. Mr. Olson stated that it has not. Mr. Olson stated that it would be funded by the general fund. Alderman Gilson asked when the funds would become due. Mr. Olson said that would be billed out as the project moves along and when the project is completed, we would submit for reimbursement from IDOT. Alderman Gilson asked if the city would see a bill in 2012. Mr. Sanderson stated that it usually takes four to six months to be approved, so that would put it to the tail end of the fiscal year before the city could start. Mr. Olson said the first bill from EEI would be toward the middle to end of 2012. Mr. Sanderson said they would invoice through the project. He stated that phase one would take six to eight months to get together. He said that it would be at least 18 months before it would begin Phase II design. Alderman Gilson stated it is a commitment to pay$350,000 to finish the whole project. He said if we haven't budgeted for the first $45,000, I have a hard time telling my constituents that we can't fix their roads, but we are going to spend this amount on trails. Alderman Kot asked if we don't go ahead with the trail now, he said he sees there are land acquisitions, so what will happen. Mr. Sanderson stated there are some easements that need to be acquired and some right away. Alderman Kot asked if the city tries to acquire it today, or 10 years from now, is there an issue either way. Alderman Kot asked if there is something time sensitive about acquiring this property. Mr. Sanderson said the land would get more expensive and construction prices would go up. Mr. Olson stated it is adjacent to the Grande Reserve subdivision, so when those units get platted we can just ask for an easement, so it shouldn't change price over time. Mr. Olson stated there are a couple of small out parcels not in city limits we have to acquire from a private party right away,which is a variable in this situation. Alderman Milschewski asked if it goes on both sides of the road. Mr. Olson stated that it is just the south/east side. Alderman Kot stated that he agrees with Alderman Gilson. Alderman Kot said that he has a hard time telling the residents there is little money for roads, but we are going to put in a trail. Alderman Kot said we could revisit this in a few years, he stated it is not a priority. Mr. Olson said that we have to reapply. Alderman Teeling said that the residents are very much in favor of having this and they want it. Alderman Kot said that if he asks the residents if they want their roads fixed or create a trail that they are not going to use now, they will want the roads. Alderman Kot said that it is not the time, we don't have the money. Alderman Milschewski said she agrees with Alderman Kot, the concept is great, but we have other things that need to be done for the whole of Yorkville not just that area. Alderman Teeling asked what the citys chances are when they apply again. Mr. Olson said he would think it would be the same result, but sometimes grant committees don't like to see a grant they previously awarded and then they denied it. Alderman Teeling said basically, this trail, if we decide to do on our own will cost 1.3 million and it won't happen if we don't get this grant again. Alderman Gilson stated that is pure speculation. Alderman Gilson said what we know is the city has roads and sewers that need fixed and don't have the money and the city needs to take care of what needs to be taken care of and make priorities. Alderman Milschewski asked about the plans for Kennedy Road. Mr. Olson said there are two obligations with Autumn Creek and Grande Reserve that are supposed to fund large portions of the project at a certain point. Mr. Olson said he thinks that the trigger points are 500 units in Grande Reserve and Autumn Creek there is a time line. Alderman Milschewski asked if Grande Reserve can do the trail. Mr. Olson stated no that will not be possible. Alderman Gilson asked the Mr. and Mrs. Snowbeck how they felt about the trails. Mrs. Snowbeck stated that she didn't care. PW 2011-68 Grande Reserve Request for Letter of Credit Reduction -Mr. Olson stated someone from Ovanti/Bank of America one of the buyers/seller of subdivision was supposed to be here to state their request. Mr. Olson stated they let the city know yesterday they would not be in attendance. He said there is not an agreement they are reviewing our counter offer to their offer. Mr. Olson said where we started every request they had would require city council authorization. They studied the infrastructure of the subdivision and told the city what they had remaining. The city reviewed it and disagreed with certain things. Mr. Olson said we are getting close to an agreement. He said only one thing they want requires an annexation agreement. Mr. Olson said what they are asking for can be done at staff level and city council level. Mr. Olson stated that they have completed work. Mr. Olson stated they are going to pave some roads and complete some sidewalks and they would like a reduction of credit for that. Mr. Olson stated they are asking some of the obligations to be transferred to the future purchaser. Mr. Olson said they are asking to draw an area in different areas and release letters of credits for those areas because we are not planning to build on it, which requires an annexation agreement amendment. Mr. Olson said they do intend to complete entire units of infrastructure in the subdivision and take it to final acceptance to the city, instead of posting a warranty bond, to give us cash and assume the risk under the warranty period, which we have done in the past. Mr. Olson stated they should be here Tuesday to discuss it in public hearing. Alderman Gilson said he is concerned about taking the cash payment in lieu of security and if they don't complete, would we be at risk. Mr. Olson said we would study that and see what they actually do. We will have the engineers look at it and see what the risk is for the city, or is it complex and something we don't want a part of. PW 2011-63 Northland and Western - Traffic Control Signage- Mr. Sanderson said a request came in to look at that intersection. There is no signage or control at that intersection. Mr. Sanderson stated the intersection is open with the exception of one tree. He stated traffic is below the 2,000 units per day. Mr. Sanderson stated there is not an accident history at that intersection. He said that this intersection is not a good candidate for a yield sign based on the MUTCD regulations. The side street yields to the major street and it should operate well that way. Alderman Gilson asked who the request was submitted by Mr. Sanderson stated it was an alderman that submitted it. Mr. Olson stated some of the residents were concerned it was next to a park and some are uncomfortable with an unsigned intersection. Mr. Dhuse stated if the tree is a problem, it will be removed. This item will be moved to consent. PW 2011-64 Miscellaneous Bituminous Patching -Mr. Sanderson stated this payment request is for the patching on Game Farm Road. The work is 100% complete, so we are recommending payment in the amount of$47,092.90. This will be the one and only pay request and it is below the authorized amount set earlier this year. This will move to consent. PW 2011-66 Autumn Creek Bond Reduction -Mr. Sanderson stated Pulte discovered earlier this year they were double bonded, meaning they had SSA bonds to cover part of the infrastructure and conventional bonds as well. Apparently, this was a problem in Bristol Bay, as well. They do not need to provide both. Several years ago they corrected this issue in Bristol Bay and discovered that this was an issue in Autumn Creek. Basically, our recommendation is for reductions. Mr. Sanderson stated they did a check to confirm the amount of conventional bonding and the SSA bonds to make sure there is enough bondage in place for the completed work and it is in place to cover ourselves. Mr. Sanderson stated they are recommending reducing bonding. Alderman Kot asked how this can go undetected for so long. Mr. Sanderson stated that it is an oversight back when building was moving quickly, it happened. Alderman Gilson asked why conventional bonding is still required and why would there be conventional bonding still required, if we had them double bonded. Mr. Sanderson stated they had a lot of money for earth work through the SSA for example, and they have already spent the $400,000 and we still need to have some more work out there, so we still need money to cover that so we need conventional bonding for that. Alderman Gilson asked if it was double bonded and we had money on the SSA side, why do we need conventional bonding. Mr. Sanderson stated double bonding means they had within the SSA bonds there are 10 line items where they could expend money. On the earth work side, they have expended all their money toward that and we still need to have security in place for that. Alderman Gilson asked about the appreciation that it will cost to complete, we will never have enough money over time, that bond will fall short, it is simple math. Alderman Gilson asked if we reduce these bonds, are we reducing these bonds according to the estimates from what year. Mr. Sanderson said from 2005. Mr. Sanderson stated it takes into account inflation, which is taken into consideration. Alderman Gilson stated that is good,but it will still not cover it. Alderman Gilson worries about reducing and not having enough bonds over time. Mr. Olson stated that is understandable, but this is the only subdivision that has built anything recently and it is in our own policy that we will do this, so if the city does not do this, it will be a red flag for future developers that we are not following our policies. Ms. Noble stated that this is in our annexation agreement that the developer has the discretion to choose one or the other. Alderman Gilson stated simplified legally, we are bound to not have them double bonded, if they request to do so. Mr. Olson stated that is correct. Mr. Dhuse stated in this case we should be well covered. Mr. Dhuse said he thinks the total minimum is 2.88 and if I am adding right it is a little over 5.1 million that we are still holding in bonds. Mr. Sanderson stated that is correct and Pulte is out there going through the development taking care of the punch list and they would like the city to come out in the fall and get a punch list they can work on in the winter and then in the spring get a good chunk of the development to the acceptance stage. This item will be moved to consent. PW 2011-67 Kendall Marketplace Improvements -Mr. Sanderson stated this is a pay request for work that has been completed in Kendall Marketplace. This will not be the final payment. It is for the amount of$61,057.18 for work that has been performed to date by Wilkinson. At this point, we will come in at or even slightly below the original value. Mr. Sanderson said generally, the work for the most part has been completed. The painting, curb and additions in grading. The grading was completed at the park site. The seeding was held off, due to the discussion with the parks. That work will be finished in the spring. Alderman Gilson asked what the other payments are for. Mr. Sanderson said that we had to cut off the date at a certain time for work performed. There was work done between the cut off date and now that is what is coming. When the spring work is complete, there will be a final invoice in the spring. Alderman Gilson asked if we looked at the stabilization of that area, will it hold up until that area is developed. Mr. Sanderson said we still need a punch list, but it did what it was meant to do. It cleaned up things and shaped it up. The additional pavement will prolong the life of it and it is a positive affect. Mr. Dhuse said they did extra fine grading that will help. Alderman Gilson asked if this will last awhile and in a year we won't have issues. Mr. Sanderson said that can depend on mother nature, but he feels that things are pretty solid out there. This item will be moved to consent. Old Business: PW 2011-52 Windett Ridge Mowing Update-Ms. Noble said that this is an update from the mowing complaints from the adjudication hearing in September. There were 14 units that lead to a$57,200 fine to Windett Ridge, LLC. Ms. Noble stated that on October 20th they were cited again this time 144 lots total. The hearing is scheduled for November 21 st and she said we will again go after this development at a higher minimum lot fee. Mr. Olson stated there is a minimum fine in place now. Alderman Gilson said we have notified, adjudicated and fined, can we lien the first $57,200. Mr. Olson said you can't lien until we take the case itself to administrative review. Alderman Gilson asked why we can't with the first $57,200. Mr. Olson said they would prefer to do it all at once because of costs. Ms. Noble said that the city can't file the lien because the city did not perform the actual work. You can only lien against work that we completed. Alderman Gilson said that was not what was stated before when the citizens were sitting here. Mr. Olson said we are still intending on putting a lien, but we have to go through a hearing process to lien because the city didn't actually perform the work. Alderman Gilson said for security sake,we don't know what is going to happen with the new entity to place a lien on, so why can't we lien now before they file a transfer of ownership or bankruptcy. He feels that would be a smart thing. Mr. Olson stated that the hearing is this coming Monday. Alderman Gilson asked if the city will do that on Monday. Mr. Olson stated that it depends on what happens at the hearing. Alderman Gilson stated that could be waiting another month and a half before something is done whereas if we file a lien, we could do something right now. Mr. Olson said no, we will have to go through an administrative system. Mr. Olson stated that he prefers to do two at once that is Attorney Orr's recommendation. Alderman Spears stated that will be less attorneys fees. PW 2011-48 -Road Maintenance on Tommy Hughes Way and Saravanos Dr. Update-Ms. Noble said this is a verbal update. She stated that she contacted the marketing manager for Circle K, Terry Johnson. He stated that there is not an agreement that he is aware of that Circle K has with Saravanos to maintain the area. Ms. Noble said the First Midwest Bank has the title to the property now. Alderman Gilson said we were told that Circle K was going to maintain the road because of the agreement between the owners/trust. Mr. Dhuse said at that time it was Shell not Circle K. Ms. Noble said now the bank that owns it. Ms. Noble said that they addressed the pot holes. Alderman Gilson said the public is using that as a road and it is private property, so how is this ever going to get maintained. Mr. Dhuse said it doesn't have to because it is private property like your driveway. Alderman Kot said they could close that off. Ms. Noble stated they are going to do that to parts of it. Mr. Olson stated that the simple answer is this is a property maintenance issue and if it is not kept up, they will be cited. Additional Business: Alderman Kot asked about the leaf pickup. Mr. Dhuse said that the south side was completed Monday morning and they are on the north side at Spring Street. Mr. Dhuse stated if we go any further into the year,we get snow and we can't do it after it snows. It is a planned time for pick up. We don't come around twice, they have to pick them up using bags. Alderman Milschewski asked if we have someone that we contact at the Patch. She said they have the meeting time listed wrong. Alderman Milschewski asked about Mr. Nicholson's property. Ms. Noble said that he has been cited again and he is scheduled for adjudication for December 21 st. There being no additional business the meeting was adjourned at 7:14 p.m. Minutes Respectfully Submitted by: Lisa Godwin Minute Taker Reviewed By: Agenda Item Number 0 •t► Legal ❑ Minutes Finance ❑ EST. -�` _ 1s36 Engineer ❑ �:--- g Tracking Number uJ City Administrator ❑ Public Works ❑ �CEti�`; El Agenda Item Summary Memo Title: Reconsideration of Minutes of the Public Works Committee—January 17, 2012 Meeting and Date: public Works—4/17/12 Synopsis: Request to reconsider previously approved minutes for additional corrections. Council Action Previously Taken: Date of Action: PW 2/21/12 Action Taken: Minutes approved by committee. Item Number: Type of Vote Required: Majority Council Action Requested: Committee Approval Submitted by: Alderman Gilson Name Department Agenda Item Notes: APPROVED 2/21/12 UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville,IL 60560 PUBLIC WORKS COMMITTEE MEETING City Hall, Conference Room Tuesday,January 17, 2012 COMMITTEE MEMBERS PRESENT: Alderman George Gilson Alderman Larry Kot Alderman Jackie Milschewski Alderman Diane Teeling OTHER CITY OFFICALS PRESENT: Alderman Carlo Colosimo Mayor Gary Golinski City Administrator, Bart Olson Public Works Director, Eric Dhuse EEI, Brad Sanderson Interim Parks Director, Laura Schraw OTHERS PRESENT: Tony Scott, Kendall County Record Judith Gregg,Windett Ridge Deb Kaiser,Windett Ridge Kathleen Neddo,Windett Ridge Billy McCue, McCue Builders Rose M. Debo, Windett Ridge Charlie Walker,Yorkville Chair Gilson called the meeting to order at 6:00 p.m. Citizens Comments: There were many residents in attendance from Windett Ridge and residents to discuss the Kennedy Road bike trail. Their comments are included in the agenda items. Minutes for Correction or Approval: Minutes from October 18, 2011 and minutes from November 15, 2011 need to be amended and will come back to committee next month for approval. New Business: PW 2012 -02 Subdivision Infrastructure Discussion- Chair Gilson stated that he and Alderman Colosimo attended the Windett Ridge HOA meeting. Chair Gilson stated there were many questions about mowing, bonding,punch lists, and liens. The residents said they want the lien filed ASAP on the mowing issue. The other issue is calling the bonds because Windett Ridge, LLC says they do not have enough money to keep up with the mowing. Chair Gilson stated it is in the residents best interest to go forward on collecting on those bonds. Deb Kyser, a resident of Windett Ridge, stated that she requests the bonds need to be called. Ms. Kyser said she understands the builder is no longer there, but feels that the city has a responsibility to the residents in that subdivision. Ms. Kyser said the subdivision has deteriorated and she understands there is not enough money for everything,but the pond and walking paths etc. could be fixed. Kathy,Windett Ridge, stated the biggest problem in the subdivision is the pond and most of the homes are in that area. Kathy said before the builder left, they were told to fix certain things, so someone dropped the ball. Kathy said for homeowners, it is bad enough the builder left and all of the finger pointing,but the critical things need addressed and it is getting worse. Kathy said the pipes are more exposed and the pond needs addressed with the bond money. Judith Guzy,Windett Ridge, spoke about the natural basin that is caving in and said when they were still building, that basin was named the sickest natural basin in Kendall County. Chair Gilson said he explained in the HOA meeting the city policy and what they had to do to become in compliance with the pond. Chair Gilson said someone needs to be responsible for the pond. Chair Gilson asked the committee to call the bonds before it diminishes further. Alderman Milschewski stated that in 2009 we called bonds in Whispering Meadows and we still have not received anything. Alderman Milschewski asked why do we have these bonds, if we don't get anything. Mr. Olson stated the letter of credit bonding companies have figured out it is cheaper to fight the city, rather than comply. Charlie Walker,Windett Ridge, stated that he attended a Public Works Meeting years ago where the chairman assured him the city was going to call the bonds. Mr. Walker stated that these issues are not new and the city did not secure enough bonds for what the project called for. Mr. Walker said in the past when he spoke with the city, he was told that the bonds, if they were called, could not be used for what we are talking about tonight, and the ponds were not a part of that. Mr. Walker stated that these things should have been addressed five years ago. Mr. Walker asked if the items on the punch list are not completed, who is going to pay for it. Mr. Walker said the city will slap the residents with the bill. Mr. Walker said the city failed the residents and bad deals were made and it will fall on the residents. Mr. Walker said don't repeat these mistakes. Chair Gilson stated that he agrees with Mr. Walker and the city needs to step forward and do something about it. Chair Gilson said the city needs to move forward with calling these bonds. Alderman Colosimo said the fact that there can be problems calling bonds, should not be a reason to not call them. Alderman Colosimo said the city cannot be afraid of litigation. Kathy,Windett Ridge, said the homeowners will not be able to take on a special assessment. Kathy said take the bonds and then the homeowners will make sure that it is maintained. Chair Gilson asked the committee to move this forward to consent to call these bonds complete. PW 2011-52 Windett Ridge Mowing Update-Mr. Olson said that the documents are supposed to be drafted to take to court in the next two weeks. Mr. Olson said after that, there is a 30 day notice and 60 to 90 days to get a court date. Then when the courts decide to hear it is when we finish the lien. Chair Gilson said the city keeps stating they are going to do things in the next two weeks. Chair Gilson said that we have to be accurate and get these liens filed and put at the top of the list. Mr. Walker said that he doesn't understand why there are two standards one for business and one for the average tax payer. Mr. Walker said if that was his property, the city would be on him to get it taken care o£ Mr. Walker said there is a difference on how the residents are treated and how the city treats developers and the residents are paying the bills. Alderman Colosimo said there needs to be liens on the lots. Chair Gilson said the liens need to be done before they become insolvent. Mr. Walker said the liens run with the land. Alderman Colosimo said that is exactly the point, when someone wants the land, someone will have to pay. PW 2012-05 Ash Tree Removal in Certain Subdivisions -Mr. Dhuse stated he asked to remove Ash trees in several subdivisions this fall. Mr. Dhuse stated most show signs of emerald ash borer. Mr. Dhuse stated to be proactive, the city would remove all the trees at once. Chair Gilson stated that he has two views on this topic. One is to remove the trees that show infestation, and the second to remove all of the trees. Chair Gilson is concerned the residents need to have communication about this before removal begins, so the city doesn't get complaints. Chair Gilson asked about checking on what other communities are doing about this problem. Mr. Dhuse stated that yes, several states and communities are removing millions of trees to prevent this problem. Alderman Colosimo pointed out these are trees that are in public areas and not private properties. Chair Gilson stated he thinks there should be a mass communication to let the residents know what will be happening and let the residents know that the cost to replace the tree is on them. The suggestion from committee is to put a notice on the residents homes as they pull the trees. Mr. Dhuse stated that if residents are treating the trees, they will leave them. PW 2012-13 Stop Sign Studies for Intersections in Windett Ridge- Mr. Sanderson stated that the city looked at the two intersections requested and both are similar in nature. The intersection of Fairfax Way and Windett Ridge was looked at. Mr. Sanderson said the city follows MUTSD guidelines. He said traffic volume is less than 2,000 vehicles per day, and there is no accident history or sight restrictions at these intersections. Therefore, they are not good candidates for a stop sign. The Sutton Street and Windett Ridge intersection have the same findings. Mr. Sanderson stated stop signs are not used for controlling speed. Alderman Kot asked about the traffic calming devices. Mr. Sanderson said these devices have become more common in the last few years and involve narrowing of streets, adding speed bumps,plantings that can be put in, a variety of different tools can be used to slow traffic down. A resident asked what time of day the intersections were studied. Mr. Sanderson stated there is not a specific time the criteria is standard from experience. The resident stated on Fairfax there is a lot of traffic because this road goes to the Middle School. The resident asked if we can get police to watch before and after school. The resident stated that when snow is plowed the corners are it is difficult to see. Mr. Sanderson stated this is a common problem in many areas in the community. Mr. Olson stated that as a result of this request, the police chief said he will direct some additional forces out there. Chair Gilson asked how a stop sign doesn't control speed. Mr. Sanderson said that it can actually be more dangerous. The committee discussed there are many studies that state the stop signs can be more dangerous. A resident asked about the MUTCD standards and is that what the city follows. The committee agreed that is correct. Alderman Teeling stated that in Bristol Bay there were issues with speeding and the police did step up their patrols. Chair Gilson stated he feels that if the residents want a stop sign they should get it, but that is not how it works. Alderman Milschewski stated that can cause problems with liability if we don't follow their standards. PW 2011-65 Kennedy Road Shared Use Path -ITEP Bike Path Grant-Bill McCue stated in the last month he has talked to a lot of people in Yorkville who have businesses in town and all of them have agreed to raise and donate money to help pay for the path. Mr. McCue said that the YYTF and wrestling, neighbors, friends all have said they would be willing to donate and fund raise. Mr. McCue said that people want the path, but they don't want their taxes going up. Mr. McCue said he holds a fund raiser golf outing each year for his brother that passed away and they have raised over$40,000 each time. Mr. McCue said that he would like to raise the $220,000 for this path so it does not cost the taxpayers. Mr. McCue said that he knows we can get enough support from businesses and residents to make this happen. Mr. McCue said this path will connect several neighborhoods and it will benefit our community. Alderman Kot asked about his number of$220,000 because he said the number is $357,000. Alderman Teeling said there is another grant. Alderman Kot said those are state grants and there is not a guarantee that the city will get those grants. Chair Gilson said the city doesn't have the money, so the city cannot guarantee this project and commit to the path. Chair Gilson stated that if there is a check or payment up front before the city has to commit to it, then he is for it. Alderman Milschewski asked when they are going to begin fund raising. Mr. McCue stated they are still in the process of planning. Alderman Milschewski stated that the city has to commit by the end of this month. Mrs. McCue said they are talking to Nicor to see if they will donate. Mr. McCue said it comes down to raising $25,000 per year along with the golf outing. Mr. McCue said they have a lot of ideas for fund-raising and there is six years to pay for it. Alderman Kot said the big payment is due 2016, which is $157,000. Alderman Kot said his concern is the city says yes and then the economy gets worse and then this goes before a future city council and they are stuck paying that bill. Alderman Kot said that is a lot of money and we can't commit to that. Alderman Teeling stated that the city committed to the Route 71 bike trail. Alderman Teeling said this is the second time the residents stated they want to pay for this trail. The committee said they are not arguing the fact that the residents want this,but the council cannot commit to a project without having the funds. Chair Gilson said the issue is not if we want a path, it is having to secure the funds the city doesn't have. Alderman Colosimo said the argument is not about if people want trails. He stated the taxpayers cannot be the guarantee if you fall short of the goal. If there is a company willing to fund the path up front, he is all for it. The committee agreed that if it is funded up front, they will have the trail. Alderman Teeling stated that we can't take funds from people until this is approved. Alderman Colosimo stated that you can get a commitment for the funds ahead of time, then we pass it and the company funds it. Alderman Kot asked if the date can be extended. Mr. Olson said yes they are flexible, but Mr. Olson stated he is not sure how much extra time will be granted. Alderman Colosimo stated to be clear, he wants a check for$357,000 up front, and then he will vote for it then fundraiser money pays it back. Mr. McCue stated that a personal guarantee means we will get the money. The committee agreed it has to be an up front commitment with legally guaranteed money. Alderman Colosimo stated that for every resident that is for a bike trail, there are just as many residents that do not want them. Chair Gilson said this will come back to the next Public Works Committee Meeting.Alderman Teeling thinks it should go to city council. Mr. Olson said he will place it on the next city council meeting unless we get an extension. Alderman Milschewski asked if we can see what Mr. Olson finds out on an extension. Chair Gilson said it will stay in Public Works Committee. PW 2012-01 Monthly Water Reports for August-November 2011 - Alderman Kot asked about one month being higher than others. Mr. Dhuse stated it was the flushing hydrants. Chair Gilson said this item will move to consent. PW 2012-03 Supplemental Letter of Understanding- Committee agreed to move this item to consent. PW 2012-04 IDOT Letter of Understanding Regarding the Proposed Widening of Route 34 -Mr. Olson said the cost is $230,000, but it is not included in any of IDOT's budgets and is probably not high on their list. Therefore, it will be 2017 before this gets constructed and the city would have to put up the money. There was discussion about where the sidewalks and paths would be when this project is complete and can some of the money come from future developers. Mr. Olson stated that is possible, so the commitment could be less than this amount. Chair Gilson stated that if MOT cannot budget for it,why should the City of Yorkville. He stated that when IDOT commits to it, then the city will. Alderman Kot said he agrees,but unfortunately this is how MOT operates. Alderman Kot stated that he will support it because this is how it works,but he stated he is not happy about it. There was discussion about what things have to be included in the widening project i.e. lighting,paths etc. Chair Gilson stated that he doesn't support this. Alderman Kot asked if we go along with this letter of understanding, the city is committed to this. Mr. Olson stated yes. Alderman Kot said he would propose putting this item on the city council agenda for a full council vote. Chair Gilson said this item will move forward for discussion in city council. PW 2012-06 Emerald Ash Borer Grant Application -Mr. Olson said this is an informational item. PW 2012 -07 Blackberry Creek Dam Intergovernmental Agreement-Mr. Olson said the agreement is a state project and the state is funding it. Mr. Olson said that YBSD is part of it because it is their land and their bridge, so it is a three way agreement. Mr. Olson said the potential conflict is the city needs a commitment in the agreement that the city will finish the project if for some reason the state doesn't. Mr. Olson said he feels this is a low risk situation for the city and they have the funding on hand and he doesn't see any future issues. Alderman Milschewski asked if they are putting another damn in. Mr. Olson said no. Chair Gilson said if the state is so sure they can complete it, then why do we have to have in the agreement the city is to pay for it if they don't finish it. Chair Gilson said he feels it is a bad agreement. The committee asked if the county can guarantee it. Mr. Olson said we can ask. Alderman Milschewski said why don't we have YBSD guarantee it, since it is their property. The committee agreed to take this item to YBSD and let them commit to it. Alderman Kot asked if YBSD says no does this item come back to us. Mr. Olson said yes. The committee agreed that they would like to have YBSD commit to this. PW 2012-08 Kendall Marketplace Change Order No. 1 -Mr. Sanderson said this takes the quantities that have been completed this far and some minor extras and the net change is a decrease in the amount of$3,420.19. Mr. Sanderson said the remaining item on the contract is the seeding and it will take place in the spring. PW 2012-09 Bristol Bay Unit 5 -Final Acceptance and Bond Reduction -Mr. Sanderson said Pulte came to the city and inquired about the acceptance of Unit 5 of their development. All the punch list work has been completed with the exception of two minor items that need to be done in the spring, so the city is recommending moving forward with acceptance, which comes with bond reductions. This item will be moved to consent. PW 2012-10 Cannonball Trail and Route 47 Intersection Improvement Update-Mr. Sanderson said this related to Kendall Marketplace some bond funds that were obtained to do this is a permitted project through IDOT. It consists of traffic signal and turn lane modifications at this intersection. The Phase H engineering plans were approved and the permit has been extended to May 2012. Mr. Sanderson said once this is approved we can get bids in February and move forward. PW 2012-11 Tree/Bush Trimming on South Side of Fox Street- Chair Gilson said that he had a call from a resident that stated the city did a great job trimming on the north side of Fox. Mr. Dhuse stated that the city has not done the south side yet. PW 2012-12 Road Patching- Chair Gilson said he asked for this to be added because he received an e-mail from a resident about her street. She said she and her husband have lived there 15 years and since that time nothing has ever been done to her roads in her neighborhood. She stated that they pay over$5,000 in real estate taxes. Chair Gilson said that roads need to be a priority. Chair Gilson said he wants to see what the city can do to find money for patching the roads. Mr. Olson said if we don't have a lot of snow, we will have extra money we can use for patch. Alderman Colosimo said that is the number one complaint that he receives from his residents. Alderman Colosimo said the pot holes are horrible. Mr. Olson said we have money budgeted for hot patch. Mr. Dhuse said that the city has done them all over town. Mr. Dhuse said the city picks the worst of the worst to patch. Alderman Kot said this has been going on for years this is nothing new. Chair Gilson said why do we keep trying to channel funds for other things and let the roads go. Alderman Kot said he agrees that roads need to be a priority. Additional Business: Alderman Milschewski asked if there would be a different way to do the leaf pick up. Mr. Dhuse said the way the city is doing it is the quickest way to accomplish it. Mr. Dhuse said the city is going to do the north side first next year. There being no additional business the meeting was adjourned at 9:02 p.m. Minutes Respectfully Submitted by: Lisa Godwin Minute Taker Reviewed By: Agenda Item Number 6 Legal ❑ NB #1 Finance ❑ EST. -� __ti 1838 Engineer ■ -- City Administrator ❑ Tracking Number m Human Resources F-1 C�"Sad `=Q Community Development ❑❑ PW 2012-25 Police ALE ��' Public Works ❑ Agenda Item Summary Memo Title: Game Farm Road/ Somonauk Improvements Meeting and Date: public Works - April 17, 2012 Synopsis: Project Update and Engineering Agreement Consideration Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Approval Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: *.ID CI p` .0 Memorandum To: Bart Olson, City Administrator EST. �sss From: Brad Sanderson, EEI oas,] CC: Eric Dhuse, Director of Public Works .p I S.a' p Krysti Barksdale-Noble, Community Dev. Dir. 1•� �,� Lisa Pickering, Deputy City Clerk LLB ��• Date: April 13, 2012 Subject: Game Farm/ Somonauk Improvements The purpose of this memo is to provide an update as to the status of land acquisition as well as to note the next set of action items. Currently the City has acquired eight (8) parcels out of the necessary 33 needed prior to construction — See attached summary. In order to keep the project on target for the planned November 2014 letting, it is recommended that the City continue with the land acquisition process. If you recall, land acquisition is being funded with STP and MFT funds (50150). The next steps in the process are as follows: 1. New title commitments are needed along with updating the premise plats since the original ones are greater than one (1) year old. A proposal from HR Green is attached for performing those tasks. Work is to be, paid for out of the MFT account and has been previously appropriated by the City and IDOT. 2. Upon conclusion of the work from HR Green, Jay Heap (land acquisition specialist) will provide a new proposal to complete the acquisition of the remaining parcels. This proposal should be expected at the May or June Public Works Committee Meeting. At this time, we ask that the Public Works Committee consider approving the HR Green proposal so that the project can remain on schedule. If you have any questions or require additional information, please let us know. Game Fairm/Somonauk-ROW&Easement Costs 12/27/11 Acquired Parcels Appraised Value Offered Value Amount Parcel Address Owner Type ROW Temp.Esmt.(3 vrs) Total Remarks ROW Temp Esmt(6 vrsl Offered Agreed Prirtre 1 108 E.Somonauk Hight TE $0 $2,200 $2,200 Acquired $0 $4,400 $4,400 $4,400 2 106 E.Somonauk Wheeler TE $0 $2,200 $2,200 Acquired $0 $4,400 $4,400 $4,400 3 104 E.Somonauk Afars,Hyde TE $0 $800 $800 Acquired $0 $1,600 $1,600 $1,600 4 102 E.Somonauk Buckner ROW $0 $0 $0[DOT to acquire 5 101 E.Somonauk Steinke ROW&TE $0 $0 $0 IDOT to acquire 6 601 N.Bridge Reinboldt ROW $0 $0 $0 IDOT to acquire 7 104 W.Somonauk WMSY Properties,LLC TE $0 $3,200 $3,200 Acquired $0 $6,400 $6,400 $6,400 8 106 W.Somonauk McCoy TE $0 $2,000 $2,000 Acquired $0 $4,000 $4,000 $4,000 16 n/a ParkviewFdn. TE $0 $500 $500 Acquired $0 $1,000 $1,000 $1,000 19 503 Game Farm Sullivan ROW $5,100 $0 $5,100 Acquired $5,100 $5,100 $5,100 28 1205 Game Farm Gallaino,Studer ROW $16,500 $0 $16,500 Acquired $16,500 $16,500 $16,500 Parcels to be Acquired Appraised Value Offered Value Amount Parcel Address Owner Type ROW Tenwlp.Esmt.(3 viral Total Remarks ROW Temp Esmt(6 yrs) Offered Agreed Price 9 105 W.Somonauk Wirth ROW $2,825 $0 $2,825 $2,825 $2,825 10 n/a Loftus ROW $4,665 $0 $4,665 Tower Lane $4,665 $4,665 11 n/a School Dist. ROW $0 $0 $0 Conveyance from school district $0 $0 12 203 W.Somonauk Hausler TE $0 $500 $500 $0 $1,000 $1,000 13 205 W.Somonauk Minick TE $0 $500 $500 $0 $1,000 $1,000 14 406 W.Somonauk Berard TE $0 $3,200 $3,200 $0 15 405 West Street Angle ROW&TE $7,000 $4,200 $11,200 $7,000 $7,000 17 403 W.Somonauk McNelis ROW $16,614 $0 $16,614 $16,614 $16,614 18 501 Game Farm Heiman ROW $3,100 $0 $3,100 $3,100 $3,100 20 n/a Cemetary ROW&TE $15,000 $300 $15,300 $15,000 $600 $15,600 21 n/a Conover ROW $10,700 $0 $10,700 Just north of high school $10,700 $10,700 22 997 Game Farm Conover ROW $16,400 $0 $16,400 $16,400 $16,400 23 n/a Lies,Fisher,Conover ROW&TE $3,300 $2,800 $6,100 Conover Lane $3,300 $3,300 24 1011 Game Farm Knell ROW $14,000 $0 $14,000 $14,000 $14,000 25 n/a Knell ROW $4,600 $0 $4,600 Private Road $4,600 $4,600 26 1105 Game Farm Morris ROW $12,500 $0 $12,500 $12,500 $12,500 27 1201 Game Farm Kleinwachter ROW $19,600 $0 $19,600 $19,600 $19,600 29 1204 Game Farm Witt TE $0 $4,200 $4,200 $0 30 1206 Game Farm Damato TE $0 $2,200 $2,200 $0 31 1211 Game Farm Kritzberg G ROW&TE $22,400 $300 $22,700 $22,400 $600 $23,000 32 1217 Game Farm Kritzberg S ROW $8,000 $0 $8,000 valued as commercial property $8,000 $8,000 33 1308 Game Farm Elite Yorkville LLC ROW&TE $45,400 $60,200 $105,600 Nursing Home _$,15,400 $45,400 _ Totals $227,704 $25,000 $252,704 $43,400 City Cost @ 50% $113,852 $12,500 $126,352 Total paid to date $43 400 Note: $175,000 STP Funds Available($350,000 Total) - Municipality L Name Yorkville O #01S I HR Green, Inc. C Of Township A S Address Bristol L Preliminary Engineering U 651 Prairie Pointe Drive County A Services Agreement L city G For T Kendall Yorkville E Motor Fuel Tax Funds A N Section C T state 03-00031-GO-FP Y Illinois THIS AGREEMENT is made and entered into this day of between the above Local Agency(LA)and Consultant(ENGINEER)and covers certain professional engineering services in connection with the improvement of the above SECTION. Motor Fuel Tax Funds, allotted to the LA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the"DEPARTMENT', will be used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. Section Description Name Somonauk Street and Game Farm Road Route FAU 1550 Length 1.04 Mi. 5500.4 FT (Structure No. ) Termini U.S. Route 34 and Illinois Route 71 Description: Preparation of Plat of Highways for the reconstruction of Game Farm Road/Somonauk Street from U.S. Route 34 to Illinois Route 47. Agreement Provisions The Engineer Agrees, 1. To perform or be responsible for the performance of the.following engineering services for the LA, in connection with the proposed improvements herein before described, and checked below: a. ® Make such detailed surveys as are necessary for the preparation of detailed roadway plans b. ❑ Make stream and flood plain hydraulic surveys and gather high water data,and flood histories for the preparation of detailed bridge plans. c. ❑ Make or cause to be made such soil surveys or subsurface investigations including borings and soil profiles and analyses thereof as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations are to be made in accordance with the current requirements of the DEPARTMENT. d. ❑ Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. e. ❑ Prepare Army Corps of Engineers Permit, Department of Natural Resources-Office of Water Resources Permit, Bridge waterway sketch,and/or Channel Change sketch, Utility plan and locations, and Railroad Crossing work agreements. f. ❑ Prepare Preliminary Bridge design and Hydraulic Report,(including economic analysis of bridge or culvert types) and high water effects on roadway overflows and bridge approaches. g. ❑ Make complete general and detailed plans, special provisions, proposals and estimates of cost and furnish the LA with five(5)copies of the plans, special provisions, proposals and estimates. Additional copies of any or all documents, if required, shall be furnished to the LA by the ENGINEER at his actual cost for reproduction. h. ® Furnish the LA with survey and drafts in quadruplicate of all necessary right-of-way dedications, construction easement and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. Note: Four copies to be submitted to the Regional Engineer Printed 4/11/2012 Page 1 of 4 BLR 05510(Rev.11/06) i. ❑ Assist the LA in the tabulation and interpretation of the contractors' proposals j. ❑ Prepare the necessary environmental documents in accordance with the procedures adopted by the DEPARTMENT's Bureau of Local Roads&Streets. k. ❑ Prepare the Project Development Report when required by the DEPARTMENT. (2) That all reports, plans, plats and special provisions to be furnished by the ENGINEER pursuant to the AGREEMENT,will be in accordance with current standard specifications and policies of the DEPARTMENT. It is being understood that all such reports, plats, plans and drafts shall, before being finally accepted, be subject to approval by the LA and the DEPARTMENT. (3) To attend conferences at any reasonable time when requested to do so by representatives of the LA or the Department. (4) In the event plans or surveys are found to be in error during construction of the SECTION and revisions of the plans or survey corrections are necessary,the ENGINEER agrees that he will perform such work without expense to the LA, even though final payment has been received by him. He shall give immediate attention to these changes so there will be a minimum delay to the Contractor. (5) That basic survey notes and sketches, charts, computations and other data prepared or obtained by the Engineer pursuant to this AGREEMENT will be made available, upon request, to the LA or the DEPARTMENT without cost and without restriction or limitations as to their use. (6) That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by him and will show his professional seal where such is required by law. The LA Agrees, 1. To pay the ENGINEER as compensation for all services performed as stipulated in ATTACHMENT A , li 6 and F ;n -ae r nce,wl+ rthe-#eilowing methods a. F0 s a nM nr i +I}r + f th d t E f f the prn ricer! v �'�'sf°C+`t° m �vA�o*RF4C'vrSQCTJT-n�.�....,�.... �'Ni�v .ePi r}tar3 approved-by-the-DEPART rE-�ir b A r of rant of the aFded r R#a + opes id.impmyemeni as apprr..,r "';ertijr--egl�al-#o-t#�e-pe:�.,..... ..,......w..,.,., ..r.....�.,.,c�lst-€er-�ttae-pr ^d•#y t,hp QF='P �7TlldC�I_`1" teacart on tt, F..11..,.'". FhE 'IE' t Schedule for Percentages Based on Awarded Contract Cost Awarded Cost Percentage Fees Under $50,000 (see note) Note: Not necessarily a percentage. Could use per diem, cost-plus or lump sum. 2. - se, Ges-,&toufated in paragraphs 1b, 16, 1d, 1e, 1f, th, 1T AGREES a!@Gt al performing such work plus t9 Gave;p fit, e4erhead and readiness t9 efined as miate4al to+ha n1 619GUFity and r-etirernerit�d edFVtBn � elRC-and Gt4er-� f_nnke — expenses-wilb t �AtY IAfCCOtatE6aI GUSt— ub;� ++n+ra �I ,�+I,o I A +w� �e Ir�tlyEyr . iftheEWGINEER ublet"M n part of th;e , U +F. f A I n ltil t :, �,, �;, y # est tole-€kGINE-EFL ples a F;e nce charge "Coost-tG,En ineer"to be yer'fled h..f n5;sh e-LA r{+h rlE-.PA-PJMGP!T- o f i�"yviGe 400 the FtY r�f g �F1Q-tl'1 -+-+-c'�i-rc�-crsc�v c�� ixpi2�ni � car®-p�azzraC3i{3g-the snoerE he s4assi-kat;ona ar the employ used iR the oFk should h$lionsisstnn#with the emnleyee nln ifie tkm for the .�r,sl-o�-.jGe --Ped�rFfleE#--It-tl�e-per.� .. l-1 tk,a fi. ..iu rl i.,..ti.r. ®-rincfpr�l E-f-}gFF����-r Fe'�e••.••d�-trhicis hGul -RoFF1-}ca"e--Pc.frt.r.. 4 ky Ir, eery sa led per C the g art f.-, r.h r�,-wi�c�kalI h ;ova emote bllt -i.�f17f-ne�}5k#r�ti��..¢°crhrt,�-t'+orscy4�''f7aar"{�- Printed 4/11/2012 Page 2 of 4 BLR 05510(Rev.11106) 3. That payments due the ENGINEER for services rendered in accordance with this AGREEMENT will be made as soon as practicable after the services have been performed in accordance with the following schedule: a. Upon completion of detailed plans, special provisions, proposals and estimate of cost-being the work required by paragraphs 1a through 1g under THE ENGINEER AGREES-to the satisfaction of the LA and their approval by the DEPARTMENT, 90 percent of the total fee due under this AGREEMENT based on the approved estimate of cost. b. Upon award of the contract for the improvement by the LA and its approval by the DEPARTMENT, 100 percent of the total fee due under the AGREEMENT based on the awarded contract cost, less any amounts paid under"a" above. By Mutual agreement, partial payments, not to exceed 90 percent of the amount earned, may be made from t'me to time as the work progresses. That, should the impi;Gyemen clone.+of a y time.r...after the FAIf_IWV=FI�hac_n any part of the cnprinan 4. #-be er#c+rrt�d- provided far iR g;aphE !a,through 1h and n r to the-GG1 1P18-VGR of sueh sewiees, the LA shall r. iFRh .-„ pie lr Ai('_IAiFGC]far .I�u- aa� sfl-S percent-1 rn.-1 ..to#ha Fimc.ho is nntifi.°+.°F ir+ .r:.{i..n of eu nh -�abandeara�ent =an - s ira�paragraph 2 of 7'1 I .+ I A r nhapae ip.apse of tha dt#A 6 t' atea �;� ,-s#at�ald-t€a mss--spec Fcatit�� �.. pumuant e pa paphh 4 of --ru. €t GINS--iR V,-RFF=s,af4er they have been appF9ved bobeDEPAR.. NT-, t.-,—��ii pay the.EW INE-E- or—such charm-o;t t perGen-t-#„ r„fi+ n eFhead-and read� ! �serve aGt lal Gost def'Aed as _ n_F2Ph 2 f THF= 1 ❑ ❑r_QG�c If-i-S-kfFld @r �[�2S”-�S —used in this p r-agraph shalt;. the FNrralAlFl=ta ;.pons_ibility+-to-pr�+pletrr-axed-adequate It is Mutually Agreed, 1. That any difference between the ENGINEER and the LA concerning their interpretation of the provisions of this Agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LA and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 2. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at his last known post office address. Upon such termination,the ENGINEER shall cause to be delivered to the LA all surveys, permits, agreements, preliminary bridge design&hydraulic report, drawings,specifications, partial and completed estimates and data, if any from traffic studies and soil survey and subsurface investigations with the understanding that all such material becomes the property of the LA. The ENGINEER shall be paid for any services completed and any services partially completed in accordance with Section 4 of THE LA AGREES. 3. That if the contract for construction has not been awarded one year after the acceptance of the plans by the LA and their approval by the DEPARTMENT,the LA will pay the ENGINEER the balance of the engineering fee due to make 100 percent of the total fees due under this AGREEMENT, based on the estimate of cost as prepared by the ENGINEER and approved by the LA and the DEPARTMENT. 4. That the ENGINEER warrants that he/she has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER, to solicit or secure this contract, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the ENGINEER,any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For Breach or violation of this warranty the LA shall have the right to annul this contract without liability. Printed 4/1 112 01 2 Page 3 of 4 8 L 05510(Rev.11/06) w " h IN WITNESS WHEREOF,the parties have caused the AGREEMENT to be executed in quadruplicate counterparts, each of which shal l be considered as an original by their duly authorized officers. .Executed by the LA: of the (M unicipalitylTownsh i p/Cou nty) ATTEST: State of Illinois, acting by and through its By Clerk By (Seal) Title Executed by the ENGINEER: HR Green, Inc. 651 Prairie Pointe Drive,Suite 201 ATTE Yorkville, Illinois 60560 By By V UV Title Administrative Assistant Title lox-2'e'9 Approved Date Department of Transportation Regional Unginecr Printed 4/11/2012 Page 4 of 4 BLR 05510(Rev.11/06) Attachment A HRGreen Srmpe Sco Short Forr ,Agreerren# Project: Game Farm Road Plat of Highways Project No: 88120061 Land Surveying Services Phase No(s).: Date: 04-11-12 Client: United City of Yorkville Contact: Brad Sanderson, P.E. Title: EEI Vice President Address: 800 Game Farm Road City/State/Zip: Yorkville, Illinois 60560 Phone/Fax No. 630-553-8545/553-7575 The CLIENT agrees to employ HR Green, Inc. (COMPANY)to perform the following services: HRG will revise the Plat of Highways for Game Farm Road, in the United City of Yorkville, and complete the plats for submittal to IDOT. These revisions will be completed based on updated title commitments to be provided by Wheatland Title Company, as well as reflecting changes to various parcels due to the timespan from the previous submittal to the current date. HRG will also monument the acquisition parcels once the acquisition is complete. The CLIENT agrees to pay COMPANY for the above scope of services: Lump Sum in the amount of$9,500.00 ® Reimbursable Expenses Included copy To: �[ Accounting Short Form Agreement Game Farm Road Plat of Highways April 11, 2012 Page 2 of 3 Services provided by COMPANY under this Agreement will be performed in a manner consistent with that degree of care and shill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. 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 CLIENT or the COMPANY. COMPANY s services under this Agreement are being performed solely for the CLIENT's benefit, and no other party or entity shall have any claim against COMPANY because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors,subcontractors,subconsultents,vendors and other entities involved in this project to carry out the intent of this provision. In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project,the CLIENT and COMPANY agree that al[disputes between them arising out of or relating to this +lreement shall be submitted to non-binding mediation unless the parties mutually agree otherwise. The CLIENT and COMPANY further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors,sub-consultants,suppliers or fabricators so retained,thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. If litigation arises for purposes of collecting fees or expenses due under this Agreement,the Court in such litigation shall award reasonable costs and expenses, including attorney fees,to the party justly entitled thereto. In awarding attorney fees,the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice,award the full amount of costs,expenses,and attomey fees paid or incurred in good faith. All reports, plans, specifications,field data,field notes, laboratory test data,calculations,estimates and other documents including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY. All project documents including, but not limited to, plans and specifications fumished by COMPANY under this project are intended for use on this project only. Any reuse,without specific written verification or adoption by COMPANY,shall be at the CLIENT's sole risk,and CLIENT shall defend,indemnify and hold harmless COMPANY from all claims,damages and expenses including attomey`s fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the COMPANY,and the COMPANY makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT's use or reuse of the electronic files. Because electronic file information can be easily altered, corrupted, or modified by other parties, either intentionally or inadvertently, without notice or indication, COMPANY reserves the right to remove itself from of its ownership and/or involvement in the material from each electronic medium not held in its possession. CLIENT shall retain copies of the work-: performed by COMPANY in electronic form only for information and use by CLIENT for the specific purpose for which COMPANY was engaged. Said material shall not be used by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by COMPANY without COMPANY's expressed written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. Furthermore, the CLIENT agrees to defend, indemnify, and hold COMPANY harmless from all claims, injuries,damages, tosses,expenses,and attorney's fees arising out of the modification or reuse of these materials. The CLIENT agrees that the General Contractor is solely responsible for job site safety,and warrants that this intent shall be made evident in the CLIENT's Agreement with the General Contractor. The CLIENT also agrees that the CLIENT, COMPANY and COMPANY's consultants shall be indemnified and shall be made additional insureds on the General Contractor's and all subcontractor's general liability policies on a primary and non-contributory basis. The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against COMPANY unless the CLIENT has first provided COMPANY with a written certification executed by an independent design professional currently practicing in the same discipline as COMPANY and licensed in the State in which the claim arises. The CLIENT agrees, to the fullest extent permitted by law, to limit the liability of COMPANY and COMPANY's officers, directors, partners, employees, shareholders, owners and subconsultants to the CLIENT for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys'fees and costs and expert witness fees and costs, so that the total aggregate liability of COMPANY and its officers, directors, partners, employees, shareholders, owners and subconsultants to all those named shall not exceed $ 10,000. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. Short Form Agreement Game Farm Road Plat of Highways April 11; 2012 Page 3 of 3 Invoices for COMPANY's services shall be submitted, on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 15 days,COMPANY may,w'=trout waiving any claim or right against the CLIENT, and without liability whatsoever to the CLIENT suspend or terminate the performance of services. The retainer shall be credited on the final invoice. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate)on the unpaid balance. In the event any portion of an account remains unpaid 60 days after the billing, COMPANY may institute collection action and the CLIENT shall pay all costs of collection,including reasonable attorney's fees. This agreement is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the agreement. Work will not begin until COMPANY receives a signed agreement. The effective date of the agreement shall be the last date entered below. HR GREEN, INC. 651 Prairie Pointe Drive United City of Yorkville Yorkville, Illinois 60560 630-553-7560 Accepted by: Project Manager: Printed/ Printed/ Typed Name: Brad Sanderson, P.E. Typed Name: Craig Duy Title: EEI Vice President Date: Aril 11, 2012 Date: \\hrgyvnas\Data\88120061\Proposal\pro-041112.doc Reviewed By: Agenda Item Number 6 Legal ❑ NB #2 Finance ❑ EST. -� __ti 1838 Engineer ■ -- City Administrator ❑ Tracking Number m Human Resources F-1 C�"Sad `=Q Community Development ❑❑ PW 2012-26 Police ALE ��' Public Works ❑ Agenda Item Summary Memo Title: Safe Routes To School Meeting and Date: public Works - April 17, 2012 Synopsis: Project Update and Engineering Agreement Consideration Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Approval Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: Memorandum To: Bart Olson, City Administrator EST. -� -- '$s6 From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works 0.p �! In� ,a p` Krysti Barksdale-Noble, Community Dev. Dir. � 411. ���,�� Laura Schraw, Interim Director of Parks and Recreation It E Lisa Pickering, Deputy City Clerk Date: April 13, 2012 Subject: Safe Routes to School The purpose of this memo is to provide an update as to the status of the project. Recently, the City was notified that our request for the scope modifications and additional funds were approved (see attached IDOT letter). Our proposed project now cor_sists of the areas shown in the attached exhibit. Accordingly, the City is now able to proceed with the preparation of the design plans and specifications in preparation of letting and constructing the project. Our target letting date is September 21, 2012, which means the pre-final plans are due June 8, 2012. Attached you will also find for consideration our engineering agreement to provide Phase I and Phase II design engineering services. At this point in time, we are anticipating that the Phase I process will consist of a Categorical Exclusion, Group 1 with no report. If you have any questions or require additional information, please let us know. .aGIN L° Illinois Department of Transportation Division of Highways/Region 2/District 3 700 East Norris Drive/Ottawa, Illinois!61350-0697 Telephone 815/434-6131 March 30, 2012 Mr. Bart Olson City Administrator 800 Game Farm Road Yorkville, IL 60560 Safe Routes to School City of Yorkville Section 10-00040-00-SW Project# SRTS-4009(047) Contract# P40-069-09 Dear Mr. Olson: Please be advised that the scope change request submitted via email to Roger Blakley, and dated March 23, 2012, has been reviewed and approved. Approved also with this scope change, is $49,000.00 in additional funding, bringing the total project cost to $280,000.00. Please proceed with the preliminary plans for the project. Any questions, please contact Roger Blakley at 815-434-8495. Sincerely, Eric S. Therkildsen, P.E. Acting Deputy Director of Highways Region Two Engineer J �f Bji: James R. Threadgill III, P.E. Project Implementation Engineer cc: Brad Sanderson, EEI �- Local Agency Consultant United City of Yorkville L Illinois Department Engineering Enterprises, Inc. p of Transportation C County C O Address Kendall A N 52 Wheeler Road _ Section L S City 10-00040-00-SW U Sugar Grove Project No. A Preliminary Engineering L State 4 Services Agreement Illinois Job No. E For A Zip Code Non-Federal Participation 60554 Contact Name/Phone/E-mail Address N N Contact Name/Phone/E-mail Address Bart Olson C T Bradley P. Sanderson, P.E. City Administrator Y Vice President bolson(5vorkvi Ile.il.us bsanderson eeiweb.com THIS AGREEMENT is made and entered into this day of , 2012 between the above Local Agency(LA)and Consultant(ENGINEER)and covers certain professional engineering services in connection with the PROJECT. Non-Federal-aid funds allotted to the 1 A-4}ti . N6 URdeF the geReFal 6UPeFVi6jGn of the 1111;e epa et o Tra GR (CTS will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS. Project Description Name Safe Routes to School Route N/A Length 6,000' Structure No. N/A Termini (See attached exhibit) Description Design of new PCC sidewalk and PCC removal and replacement at various locations throughout the City. See attached exhibit for exact locations. Agreement Provisions I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance, in accordance with STATE approved design standards and policies, of engineering services for the LA for the proposed improvement herein described. 2. To attend any and all meetings and visit the site of the proposed improvement at any reasonable time when requested by representatives of the LA or STATE. 3. To complete the services herein described within 365 calendar days from the date of the Notice to Proceed from the LA, excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER. 4. The classifications of the employees used in the work should be consistent with the employee classifications and estimated man- hours shown in EXHIBIT A. If higher-salaried personnel of the firm, including the Principal Engineer, perform services that are indicated in Exhibit A to be performed by lesser-salaried personnel,the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 5. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable for the PROJECT; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services enumerated herein. 6. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from the ENGINEER's errors, omissions or negligent acts without additional compensation. Acceptance of work by the STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or for clarification of any ambiguities. 7. That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the ENGINEER and will affix the ENGINEER's professional seal when such seal is required by law. Plans for structures to be built as a part of the improvement will be prepared under the supervision of a registered structural engineer and will affix structural engineer seal when such seal is required by law. It will be the ENGINEER's responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the STATE. 8. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LA. Page 1 of 5 BLR 05610(Rev.9/06) Printed on 4/12/2012 11:3958 AM 9. The undersigned certifies neither the ENGINEER nor I have: a. employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person(other than a bona fide employee working solely for me or the above ENGINEER)to solicit or secure this AGREEMENT, b. agreed,as an express or implied condition for obtaining this AGREEMENT,to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c. paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above ENGINEER)any fee, contribution, donation or consideration of any kind for,or in connection with, procuring or carrying out the AGREEMENT. d. are not presently debarred,suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, e. have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local)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, f. are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local)with commission of any of the offenses enumerated in paragraph (e)and g. have not within a three-year period preceding this AGREEMENT had one or more public transactions(Federal, State or local) terminated for cause or default. 10. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA. 11. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 12. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the project(Exhibit B). 13. Scope of Services to be provided by the ENGINEER: ❑ Make such detailed surveys as are necessary for the planning and design of the PROJECT. ❑ Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and flood flow histories. ❑ Prepare applications for U.S.Army Corps of Engineers Permit, Illinois Department of Natural Resources Office of Water Resources Permit and Illinois Environmental Protection Agency Section 404 Water Quality Certification. ❑ Design and/or approve cofferdams and superstructure shop drawings. ❑ Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or culvert types and high water effects on roadway overflows and bridge approaches). ❑ Prepare the necessary environmental and planning documents including the Project Development Report, Environmental Class of Action Determination or Environmental Assessment, State Clearinghouse, Substate Clearinghouse and all necessary environmental clearances. ❑ Make such soil surveys or subsurface investigations including borings and soil profiles as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations to be made in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE. ❑ Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation. ® Prepare preliminary roadway and drainage structure plans and meet with representatives of the LA and STATE at the site of the improvement for review of plans prior to the establishment of final vertical and horizontal alignment, location and size of drainage structures, and compliance with applicable design requirements and policies. ❑ Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. ® Complete the general and detailed plans, special provisions and estimate of cost. Contract plans shall be prepared in accordance with the guidelines contained in the Bureau of Local Roads and Streets manual. The special provisions and detailed estimate of cost shall be furnished in quadruplicate. ❑ Furnish the LA with survey and drafts in quadruplicate all necessary right-of-way dedications, construction easements and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. Page 2 of 5 BLR 05610(Rev 9/06) Printed on 4/12/2012 9:2928 AM 11. THE LA AGREES, 1. To furnish the ENGINEER all presently available survey data and information 2. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the following compensation formulas: Cost Plus Fixed Fee ❑ CPFF= 14.5%[DL+R(DL) +OH(DL) + IHDC], or ❑ CPFF= 14,5%[DL+R(DL) + 1.4(DL)+ IHDC], or ❑ CPFF= 14.5%[(2.3+ R)DL+ IHDC] Where: DL= Direct Labor IHDC = In House Direct Costs OH =Consultant Firm's Actual Overhead Factor R =Complexity Factor Specific Rate ❑ (Pay per element) Lump Sum ® $25,000 3. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409'. ❑ With Retainage a) For the first 50%of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to 90%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50%of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to 95% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and the STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER ® Without Retainage a) For progressive payments—Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and STATE, a sum o money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 4. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT- assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program,the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.0 3801 et seq.). Ill. IT IS MUTALLY AGREED, 1. That no work shall be commenced by the ENGINEER prior to issuance by the LA of a written Notice to Proceed. 2. That tracings, plans, specifications, estimates, maps and other documents prepared by the ENGINEER in accordance with this AGREEMENT shall be delivered to and become the property of the LA and that basic survey notes, sketches, charts and other data prepared or obtained in accordance with this AGREEMENT shall be made available, upon request,to the LA or to the STATE, without restriction or limitation as to their use. Page 3 of 5 BLR 05610(Rev.9/06) Printed on 4/12/2012 9:2928 AM 3. That all reports, plans, estimates and special provisions furnished by the ENGINEER shall be in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that all such furnished documents shall be approved by the LA and the STATE before final acceptance. During the performance of the engineering services herein provided for,the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 4. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without written consent of the LA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this agreement. 5. To maintain,for a minimum of 3 years after the completion of the contract,adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the STATE;and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 6. The payment by the LA in accordance with numbered paragraph 3 of Section II will be considered payment in full for all services rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT. 7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LA,the STATE, and their officers, agents and employees from all suits,claims, actions or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. 8. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all drawings, plats, surveys, reports, permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LA. The LA will be responsible for reimbursement of all eligible expenses to date of the written notice of termination. 9. This certification is required by the Drug Free Workplace Act(301LCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments,termination of a contract or grant and debarment of the contracting or grant opportunities with the State for at least one(1)year but no more than five(5)years For the purpose of this certification, "grantee"or"contractor"means a corporation, partnership or other entity with twenty-five (25)or more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific performance under a contract or grant of$5,000 or more from the State, as defined in the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: a. Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant,the employee will: (a) abide by the terms of the statement; and (b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5) days after such conviction. b. Establishing a drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's or contractor's policy of maintaining a drug free workplace; (3) Any available drug counseling, rehabilitation and employee assistance program; and (4) The penalties that may be imposed upon an employee for drug violations. c. Providing a copy of the statement required by subparagraph (a)to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. d. Notifying the contracting or granting agency within ten (10)days after receiving notice under part(B)of paragraph (3)of subsection (a) above from an employee or otherwise receiving actual notice of such conviction. e. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, f. Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is required and indicating that a trained referral team is in place. g. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. Page 4 of 5 BLR 05610(Rev 9/06) Printed on 4/12/2012 9:29:28 AM 10. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT,which may result in the termination of this AGREEMENT or such other remedy as the LA deems appropriate. Agreement Summary Prime Consultant: TIN Number A reement Amount Engineering Enterprises, Inc. — 36-3150869 $25,000 Sub-Consultants: TIN Number Agreement Amount Sub-Consultant Total: 1 $0.00 Prime Consultant Total: $25,000 Total for all Work: $25,000 Executed by the LA: United City of Yorkville (Muni o pality/Townshlp/County) ATTEST By: By: Beth Warren-City Clerk Title: Mayor Gary Golinski (SEAL) Executed by the ENGINEER: ATTEST: Engineering Enterprises, Inc. By: By: Title: Executive Administrative Assistant Title: Vice President Page 5 of 5 BLR 05610(Rev 9/06) Printed on 4/12/2012 9:29:28 AM Fox River, �- -T T - . ► -�~— --- — _ - ---- '� ► tMufi"fie, I it I -�- is I ' f r- - 6n--St_ I rL O U 'P I — _ I —T�J I I _ �•n" i I I I I e,r C T '1 T TT I I 4W I- •�' i +r 1 - ; � ,�- �, -- -. - ► -fit; � , � I { -a{ i 1 -Si I Rod I j II ll ; 0 X20000 _ / 'Feet A ' ' Legend Existing Sidewalks { I { I I i Safe Routes to School AO Engineering Enterprises,Inc. United City of Yorkville SAFE ROUTES APPROVED LOCATION MAP CONSULTING ENGINEERS 800 Game Farm Road Sz Wheeler Road Yorkville,IL 60560 TO SCHOOL Sugar Grove,Illirom 60554 (630)553-4350 UNITED CITY OF YORKVILLE n] (630)466-6700/—eeiweb— http://v�rww.yorkville.il.us KENDALL COUNTY,ILLINOIS NORTH 16—W N0. DATE REVISIONS .svno fora. Reviewed By: Agenda Item Number 4 ' �► Legal ❑ NB #3 Finance ❑ EST. -� _�ti W36 Engineer El strator � Agenda Item Tracking Number City Administrator Consultant ❑❑ PW 2012-27 ALE Agenda Item Summary Memo Title: Need Ordinance Procedures for 2012 Meeting & Date: PW/April 17, 2012 Synopsis: Update of the procedures for mowing violations and citations in city for 2012. Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: N/A Action Requested: Informational Item Submitted by: Krysti Barksdale-Noble, AICP Community Development Name Department Agenda Item Notes: See attached staff memorandum. °. Memorandum esr. —t yeas To: Public Works Committee OJ, r-�ti y From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator �G►,<LE w�� Date: March 13, 2012 Subject: Weed Ordinance Procedures for 2012 For your review, the chart below illustrates the typical response process used when the Building Department receives a weed violation complaint. The Building Department responds to over 200 weed violation complaints each season(May 1 —November 15). While compliance is reached in some cases,most complaints result in citations and possibly liens. A seasonal part-time Code Enforcement Inspector will be hired again this year to assist with in-bound complaints and proactively identify lots that are in violation of the weed nuisance ordinance(Ord. 2011-04; Section 4-1-5 of the Yorkville City Code). Complaint Received/Complaint Case Opened Complaint is received by the Building Department staff and a formal complaint report is generated. Inspector is assigned and responds to the complaint within one(1)business day of the initial report. Inspection Violation Found Once a case is opened. The inspector investigates the complaint of potential violation to determine if violations exist. Written and photographic documentation is taken at each inspection. If a violation is not found,the case is closed. If a violation is found,the inspector will formally notifies the property owner by: 1. Personal Contact - if there is a residence on the property at time of inspection. In some instances, a telephone call may be placed if a contact number is known and if it will yield some efficiency or immediate compliance. 2. Posting of a Violation Notice Placard— if the property is unoccupied or no resident is present at the time of inspection. In both instances, a five(5)day deadline is given for compliance. Re-inspection/Citation Issued After the five (5) day deadline, the inspector will conduct a follow-up inspection to verify compliance. If the property has been mowed, the case is closed. However, if the property remains in violation, a citation is issued to the property owner of record and scheduled for an adjudication hearing thirty(30)to forty(40) days in the future. At least one (1) follow-up inspection is also conducted and documented immediately prior to the scheduled adjudication hearing. More frequent inspections may be performed, depending on the case. Adjudication Hearing/Enforcement Action Taken Depending on the state of compliance prior to the adjudication hearing and a finding of liability by the hearing officer,the City may request the following remedies: 1. Imposition of daily fines per property,per violation. 2. Imposition of daily fines per property,per violation and a stipulated agreement for compliance. If the property owner does not pay the fines by the deadline, or compliance is not met, the case may be sent to judicial review for request of lien. Also attached, is the yearly notice published by the City in the Kendall County Record for two (2) consecutive weeks in the month of May regarding the beginning of enforcement of the weed ordinance. Should you have any questions; staff will be available at Tuesday night's meeting to answer any questions. PUBLIC NOTICE TO ALL OWNERS OR PERSONS IN CONTROL OF ANY VACANT LOT OR LOT WITH AN UNOCCUPIED STRUCTURE IN THE UNITED CITY OF YORKVILLE You are hereby notified that United City of Yorkville Ordinance No. 2011-04, prohibits any weeds, grasses, plants or vegetation, other than trees, bushes, cultivated flowers, vegetable garden crops or other ornamental plants to grow to a height exceeding eight (8) inches anywhere in the City, except as follows: a. Farming shall be allowed to continue on lots (s) or tracts of land where there has been an established history of cultivation of the land for a period of not less than one (1) year and crops shall be exempt from the height regulations. b. Vacant Property having a minimum area in a R2 zoning district of four(4) or more contiguous lots that are sequentially addressed and owned by one entity; in a R-2D zoning district three (3) or more contiguous lots that are sequentially addressed and owned by one entity; or in all other zoning districts of not less than one acre shall be exempt from the height regulations provided the property is planted with the following seed species and at the following rate: Seed Species Pounds per acre Annual Rye 44 Perennial Rye 44 Tall Fescue 29 Timothy 15 Alsike Clover 7 Alfalfa 7 The grasses on the property shall be mowed to a height of less than eight (8) inches not less than at the following times each calendar year: First Mowing— on or before June 1; Second Mowing—on or before September 1; and Third Mowing — on or before November 15. The property shall be maintained without weeds and otherwise in compliance with the Yorkville City Code. Weeds shall include but not be limited to burdock, ragweed, thistle, cocklebur, jimson, blue vervain, common milkweed, wild carrot, poison ivy, poison oak, poison sumac, wild mustard, rough pigweed, lambsquarter, wild lettuce, curled dock, all varieties of smart weeds, poison hemlock, wild hemp, other weeds of a like kind or as defined in the Illinois Weed Act(525 ILCS 10/1 et seq.). You are hereby notified in accordance with United City of Yorkville Ordinance No. 2011-04, that if the violation of this city ordinance is not abated within five days after notice is given, the City Code Enforcement Officers are authorized to have the weeds, grasses, plants or vegetation cut. Any costs incurred by the United City of Yorkville will be assessed against the owner of the property and be immediately due and payable. This public notice shall be final to all owners, occupants or persons in control of vacant lots or lots with unoccupied structures. City Code Enforcement— Building Safety Department (630)553-8545