The URL can be used to link to this page

Public Works Packet 2012 09-18-12 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 Tuesday, September 18, 2012 6:00 p.m. City Hall Conference Room Citizen Comments: Minutes for Correction/Approval: New Business: 1. PW 2012-49 Shell Oil request for Limited Area Groundwater Ordinance 2. PW 2012-50 Safe Routes to School—IDOT Agreement and Phase III EEI Agreement 3. PW 2012-51 ComEd Agreement for Cannonball and Route 47 Utility Relocations 4. PW 2012-52 RTP Grant Agreement for Ron Clark Park 5. PW 2012-53 Rush-Copley Phase 1 —LOC Release 6. PW 2012-54 2012 MFT Maintenance Program— Change Order #1 7. PW 2012-55 Water Shut Off Procedures 8. PW 2012-56 Briarwood Subdivision— Cornerstone Development Group Proposal 9. PW 2012-57 Dairy Queen Letter of Credit Proposal Old Business: 1. PW 2012-31 Status of Subdivision Bonds for Incomplete Developments Additional Business: UNITED CITY OF YORKVILLE WORKSHEET PUBLIC WORKS COMMITTEE Tuesday, September 18, 2012 6:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2012-49 Shell Oil Request for Limited Area Groundwater Ordinance ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2012-50 Safe Routes to School—IDOT Agreement and Phase III EEI Agreement ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2012-51 ComEd Agreement for Cannonball and Route 47 Utility Relocations ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2012-52 RTP Grant Agreement for Ron Clark Park ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2012-53 Rush-Copley Phase I—LOC Release ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2012-54 2012 MFT Maintenance Program—Change Order#1 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2012-55 Water Shut Off Procedures ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 8. PW 2012-56 Cornerstone Development Proposal ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 9. PW 2012-57 Dairy Queen Letter of Credit Proposal ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2012-31 Status of Subdivision Bonds for Incomplete Developments ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- `� 13 fry Reviewed By: �� •s► Legal ■ Agenda Item Number Finance ❑ NB #1 EST. -� _ 1838 Engineer ■ City Administrator ■ Human Resources ❑ Tracking Number ❑; `�� Community Development ■ PW 2012-49 A ��' Police F-1 LE Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Shell Oil request for limited area groundwater ordinance Meeting and Date: Public Works—September 18, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: Bart Olson, City Administrator EST. _ 1836 From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. <C Ec° Lisa Pickering, Deputy City Clerk Date: September 10, 2012 Subject: 2001 Bridge Street—Proposed Limited Area Groundwater Ordinance Background In 2008, the Shell Gas Station, located at 2001 Bridge Street(at the intersection of IL Route's 71 and 47), performed routine soil and groundwater sample analysis on site. The groundwater analysis indicated that there was a release of petroleum on site. The levels of petroleum indicated that the underground storage tank itself had not leaked, but rather the impacts are believed to be the result of historic overfills of the tank and/or spills on the property during the filling of gas tanks in vehicles. As a result of the petroleum release, Shell notified the Illinois Environmental Protection Agency (IEPA) and Illinois Emergency Management Agency (IEMA), and incident numbers were assigned by each of these agencies. Shell then contracted with an environmental consultant, Groundwater & Environmental Services, Inc. (GES), to continue testing and prepare the necessary reports for the IEPA. We have received documentation for the following reports from Shell/GES, which have been reviewed and approved by the IEPA: 1. 45-Day Report Dated: 7/30/08 2. Amended Site Investigation Plan(SIP) Dated: 5/20/09 3. Site Investigation Completion Report Dated: 3/26/10 4. Revised Corrective Action Plan(CAP) Dated: 1/16/12 These reports provide details of soil and groundwater testing, as well as the proposed methods of remediation. The soil testing results indicated that the soil was not contaminated by the petroleum release, according to the tiered requirements of the IEPA. The groundwater testing indicated that the concentration of methyl-tertiary butyl ether (MTBE) was above the minimum tiered requirement of the IEPA at two sampling locations on site. It is also important to note that there does not appear to be a continuing release of petroleum from the Shell site and the levels of MTBE have been decreasing over time. Shell/GES was required to submit proposed methods of remediation to the IEPA in the form of a Corrective Action Plan (CAP). Ultimately, the goal for Shell is to obtain a No Further Remediation (NFR) letter from the IEPA. NFR letters provide closure to incidents that do not pose imminent or significant public health concerns. Because water levels vary, it is difficult to completely remediate groundwater. In these cases, the IEPA prefers the use of"institutional controls" to prevent the use of potentially contaminated groundwater for potable sources. As such, the reports by Shell/GES include groundwater modeling to determine the worst case scenario for the spread of the MTBE's via the groundwater. This modeling indicates that there is a possibility that at some point in time there might be some MTBE's present in the groundwater on the property on the north side of IL Route 71 —the current Walgreens property. The next step to prohibit the use of the potentially contaminated groundwater as a potable water supply within the modeled extent is the institution of a Limited Area Groundwater Ordinance (LGWO) with the City. This is common practice in these situations and is a requirement to obtain the NFR letter from the IEPA. Once the LGWO is ratified by the City, potable water wells could not be constructed on these properties. This would not seem to be an issue, since both properties receive potable water from the City's water system. Concurrently with the LGWO ratification, Shell is seeking to enter into a Highway Authority Agreement with IDOT for affected portions of IL Route 71 and IL Route 47. This agreement would prohibit the use of the groundwater within the highway property boundaries to be used as a potable water source. This Highway Authority Agreement is also a requirement to obtain the NFR letter from the IEPA. Once all of the required documentation is submitted to the IEPA and an NFR letter is obtained, it will be recorded to the deed of the Subject Property with the condition that groundwater beneath the site is prohibited from use as a potable water supply. Also, Shell will provide property owners within the modeled extend of groundwater impacts with written notification of Shell's use of the LGWO and provide the IEPA with written proof of these notifications within 45 days from the date the NFR letter is recorded. This will satisfy all of the IEPA's requirements for the NFR letter and documentation. Shell has also proposed to enter into a Limited Environmental Indemnity Agreement (Agreement) with the City. This Agreement is above and beyond any requirements by the IEPA and would be strictly between the City and Shell. This agreement seeks to address any concerns that the City might have regarding future construction activities within the modeled area, as identified in the LGWO. If the City adopts the LGWO and Agreement,the City will not be responsible in any way for the cost associated with encountering,removing and/or disposing of the contaminated soil and/or groundwater. Proposed Action It is our recommendation that the proposed Limited Area Groundwater Ordinance(LGWO)be considered for approval and the Limited Environmental Indemnity Agreement be executed subject to review by the City's attorney. If you have any questions or require additional information, please let us know. Resolution No. 2012- A RESOLUTION APPROVING A LIMITED ENVIRONMENTAL INDEMNITY AGREEMENT WITH EQUILON ENTERPRISES LLC DOING BUSINESS AS SHELL OIL PRODUCTS US LLC (Southwest corner of South Bridge Street and Route 71) Whereas, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS,the property located at the southwest corner of South Bridge Street and Route 71 has been used over a period of time for commercial or industrial purposes; and, WHEREAS,because of said use, concentrations of certain chemical constituents in the groundwater beneath the United City of Yorkville may exceed Class I groundwater quality standards for potable resource groundwater as set forth in 35 Illinois Administrative Code 620 or Tier 1 remediation objectives as set forth in 35 Illinois Administrative Code 742; and, WHEREAS,the United City of Yorkville desires to limit the potential liability of the City by entering into a Limited Environmental Indemnity Agreement with Equilon Enterprises LLC the owner of the property. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the LIMITED ENVIRONMENTAL INDEMNITY AGREEMENT, between Equilon Enterprises LLC d/b/a Shell Oil Products US LLC and the City attached hereto as Exhibit A and made a part hereof by reference, is hereby approved, and Gary J. Golinski, Mayor, is hereby authorized to execute said Agreement on behalf of the United City of Yorkville. Section 2. This Resolution shall be in full force and effect upon its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2012. CITY CLERK Resolution No.2012- Page 1 ROSE ANN SPEARS DIANE TEELING KEN KOCH JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2012. MAYOR Resolution No.2012- Page 2 JOHNSON &BELL.. Att—r11 eys 1t L.aw Suite 2700 33 West Munroe Street Chicago,IL 60603-5404 August 8, 2012 Telephone:(3 12)372-0770 Facsimile:(3 12)372-9818 Via email transmission: bolson(m-�Vorkville.il.us 1435 Fast 85 r strcet Bart Olson Merrillville,IN 46410 Telephone:(219)791-1900 City Administrator Facsimile:(219)791-1901 United City of Yorkville 800 Game Farm Road Yorkville,Yorkville, IL 60560 F=rank;M.Grenard Direct:(312)984-0277 Email: grcnardt(ii,jbltd.com Re: Limited Area Groundwater Ordinance Request 2001 Bridge Street ("Property") Station#116824 LUST Incident #20081143 Dear Mr. Olson: Please forgive my delay in responding to your July 2nd letter. I received the documents and reports you had requested this morning and they have been forwarded to you in advance of this letter in a reduced size format as we agreed_ Of the reports, the most significant are the initial report (the 45 day report) and the revised Corrective Action Plan dated January 16, 2012. As indicated in the reports, in June of 2008, Shell Oil Products USA("Shell") undertook routine evaluative soil samples at the above Property. During that process, soil and groundwater samples were taken and sent for evaluation to determine whether there had been any release of petroleum product at the site. The reports came back indicating there were minor petroleum impacts at certain locations on the Property which were not associated with any compromise of the underground storage tanks ("USTs") at the site. The impacts are believed to have occurred during historic overfills or spills on the property. It is not uncommon, as you know, for minor spills to occur either during the filling of USTs by tankers or the filling of gas tanks in cars. Shell has no specific record of any overfill or spill of that sort. It is,however, the source for many, if not most, of the releases that are detected at gas stations since changes in the law have resulted in significant modifications of USTs and related pipes that prevent most releases from the UST system itself. As the reports document, there are excedences of petroleum constituents at two locations in ther groundwater on the Property. It is very difficult to remediate groundwater because water tables are not static. The preferred method by both the US Environmental Protection Agency ("USEPA") and the Illinois Environmental Protection Agency ("IEPA") is the use of institutional controls to prevent the potable use groundwater where there are or may be impact above drinking water standards. While there is no indication that there is petroleum impact beyond the right-of- way of Bridge Street and/or West Stagecoach Trail, Shell is obligated to utilize the data that it has received regarding the petroleum constituents that are in the groundwater and model them to JOHNSON&BELL determine where the maximum limit of any potential petroleum constituent might be if there was a continuing release of petroleum,which there is not. As a result of the modeling method required, the model indicates there is a possibility that at some point in time there might be some MTBE constituent across Route 71. As a result of that possibility, Shell is requesting the groundwater ordinance include not only its Property but also the property across the street. The reason for that is to assure that groundwater on that property which "might"have residual impacts is not used for potable purposes. Since both properties are serviced by water from the United City of Yorkville, it is presumed that the City would not allow potable wells to be installed in any event. The closure proposed is based upon the rules of the Illinois Pollution Control Board which promote the use of institutional controls where appropriate to allow closures of incidents such as this that do not pose an imminent or significant public health concern. As you can see from the reports that have been sent, over the period that sampling was done,the concentrations of petroleum in the groundwater have been decreasing and since there is no current release, over time the impacts in the groundwater should dissipate. Please let me know if there is any further information I or my client can provide to assist in your evaluation. V truly yours, Frank M. Grenard Page 2 of 2 Pages Bart Olson To: Frank M. Grenard Subject: RE: Shell Memo From: Frank M. Grenard [mailto:grenardf jbltd.com] Sent: Thursday, September 13, 2012 11:55 AM To: 'Jim W. Binninger' Cc: 'Brad Sanderson'; Bart Olson Subject: RE: Shell Memo Jim and Bart, Both I and a Shell environmental engineer will be present on the 18`h. Just one note regarding Bart's comment about contamination being off-site. There is no evidence of off-site contamination. As I am sure Brad can confirm, under the present Illinois Pollution Control Board Rules ("IPCB") as interpreted by the Illinois Environmental Protection Agency ("IEPA"), when an institutional control is proposed for groundwater involvement, the proposed area to have the restriction has to be modeled "as if"there was a continuing release, homogeneous soils, and no degradation of contaminants. Even though there is no such continuing release,the model "as if"would include a small area on the Walgreens site. I am attaching figure 6 from the Corrective Action Plan submitted this past January and approved by the IEPA. You'll note an arrowed line from boring DB5. The line leads to a point at the southeast corner of the Walgreens property. That point indicated the farthest any contaminate could extend "if" there was a continuing release, which there is not. Because it "could" impact a portion of the property, IEPA wants the entire parcel restricted just because the position of the IEPA is if someone wanted to find out where they could put a water well, it might be difficult to do so if only a part of the involved parcel was involved. The IEPA takes a very, very conservative approach which requires a lot of"what if's" and "maybe's" to assure itself that the public health and the environment are protected before it approves the use of any institutional control like the groundwater ordinance requested. It has approved the use, if adopted by the City, which shows the IEPA has evaluated the proposed control and has determined that there will be no public health issue. Frank M. Grenard, Attorney at Law ,SOH H &BELL 33 West Monroe Street, Suite 2700 Chicago, Illinois 60603-5404 T: (312) 372-0770 1 F: (312) 372-9818 D: (312) 984-0277 1 C: (312) 533-1770 arenardfra)jbltd.com I www.johnsonandbell.com d and the sender notified immediately. 1 Equilon Enterprises LLC dba Shell Oil Products US HSE/Environmental Services 603 Diehl Road, Suite 103 Naperville, Illinois 60563 Tel (630) 276-4206 Fax(713)423-0544 Email john.fobbins@shell.com 30, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Hernando Albarracin Illinois Environmental Protection Agency Bureau of Land Leaking Underground Storage Tank Section-#24 Post Office Box 19276 1021 North Grand Avenue East Springfield,Illinois 62794-9276 Re: LPC#0930255043—Kendall County Yorkville/Shell Service Station#116824 2001 Bridge Street LUST Incident#20081143 LUST Technical File Dear Mr.Albarracin: Enclosed please find the original and one copy of the Illinois Environmental Protection Agency (IEPA) 45-Day Report for the above referenced incident. If you have any questions or need additional information,please contact me at (630)276-4206. Sincerely, Jo dobbins Project Manager .HSE/Environmental Services Shell Oil Products US Enclosure: 45-Day Report(2) cc: Melissa M.Powell,GES,Inc. i 45-DAY REPORT Shell Service Station #116824 2001 Bridge Street Yorkville, Kendall County, Illinois LUST Incident #20081143 LPC #0930255043 Prepared For: Mr. John Robbins Project Manager Shell Oil Products US 603 Diehl Road Suite 103 Naperville,IL 60563 Prepared By: Groundwater&Environmental Services, Inc. 1050 Corporate Boulevard, Suite C Aurora,IL 60505 Scott M. Taylor Melissa M. Powell Staff Environmental Scientist Senior Project Manager July 30, 2008 TABLE OF CONTENTS Section Title P. yge A SITE IDENTIFICATION.........................................................................1 B RELEASE INFORMATION....................................................................1 CEARLY ACTION.......................................................................................2 D SITE/RELEASE INFORMATION..........................................................2 E OTHER INFORMATION........................................................................5 F EARLY ACTION TIER 1 REMEDIATION OBJECTIVES COMPLIANCE REPORT .......................................................................6 GSIGNATURES............................................................................................6 FIGURES Figure 1 - Site Location Map Figure 2 - Local Area Map Figure 3 - Site Map Figure 4 - Groundwater Analytical Data Map—June 23,2008 Figure 5 - Soil Analytical Data Map—June 12,2008 TABLES Table 1 - Groundwater Analytical Data—BTEX/MTBE Table 2 - Soil Analytical Data—BTEXIMTBE APPENDICES Appendix A - Groundwater Laboratory Analytical Report Appendix B - IEPA SWAP Database Information Appendix C - Boring Logs and Monitoring Well Construction Diagrams Appendix D - Soil Laboratory Analytical Report Appendix E - Shell Monthly UST System Compliance Report i The Agency is audrmizcd to require this inforn¢lion under Section 4 and Title Xv1 of[be March 31,20M EnAron rewal Protection Act(415 ILLS 514,51$7-57.14 Falm rn disclmc lhm info rattrnn nray mull in a civil penalty of nor to exceed$50,000.00 for the v"ticnand an additional ciMl penally of not to exceed$10,000.00 for each day during which the violation cornirwcs (415 ILCS 5142).Any person wbo kmwingly rreikrb a Ghe m4tcritl aulemcrt Q rrprtaenlalion in My label,mnifaL record,report,pe—tt w license,m other document MeQ maintained m used for the purpose of compliance with Title XVI conterplf a Ctus 4$bny.Any second or subsegvcnt of entic ager couvietioa hncunder is a Chm 3 felony(4 15 ILLS$157.17).Tim form has been approved by the Fom> M.magcusot Cemer, Illinois Environmental Protection Agency Leaking Underground Storage Tank Program 45-Day Report A.Site Identification IEMA Incident#(6-8 digit): 20081143 IEPA LPC#(10 digit): 0930255043 Site Name: Shell Service Station#116824 Site Address (Not a PO Box): 2001 Bridge Street City: Yorkville County: Kendall Zip Code: 60560 Leaking UST Technical File B.Release Information UST Type of Product Tank Status Volume Material Release Release Tank Removed? Repaired/Removed (gallons) Stored in UST Yes/No Leak/Overfill/ YeslNo Abandoned/In Use Pi in Leak 10,000 Diesel No NIA No In Use 10,000 Diesel No NIA No In Use 10,000 Unleaded Yes Overfill No In Use Gasoline 10,000 Unleaded Yes Overfill No In Use Gasoline 10,000 Unleaded Yes Overfill No In Use Gasoline 10,000 Unleaded Yes Overfill No In Use Gasoline 10,000 Unleaded Yes Overfill No In Use Gasoline 11532277 45-Day Report LPC 503 Rev.March 2006 1 C.Early Action 1. Does this report demonstrate that the most stringent Tier 1 Remediation objectives have been met? ❑Yes N No 2. Was free product encountered? ❑Yes N No If yes,the owner must submit a Free Product Removal Report (form LPC 504).If free product removal will be conducted for more than 45 days,a Free Product Removal Plan (and budget, if applicable)must be submitted(form LPC 504). 3. Have any fire or safety hazards posed by vapors or free product or contamination to a potable water supply been identified? ❑Yes N No 4. What was the volume of the backfilI material excavated? yds3 5. What was the volume of the native soil excavated? yds3 6. Was groundwater encountered at the site? NYes ❑No 7. Did groundwater exhibit a sheen? ❑Yes N No D.Site/Release Information Provide the following: 1. Data on the nature and estimated quantity of release; Groundwater&Environmental Services,Inc. (GES)was contracted by Shell Oil Products US (Shell) to provide oversight of an exploratory soil investigation consisting of six soil borings (DB-l/DW-1 through DB-5/DW-5 and DB-6), at Shell Service Station#116824, located at 2001 Bridge Street,Yorkville,Kendall County, Illinois(Subject Property). The laboratory analytical results from the June 23, 2008, groundwater monitoring event indicated concentrations above the Tier 1 groundwater remediation objectives. The source of the release is unknown; however, it is believed to be from small, undocumented overfills of the underground storage tank(UST) system. "Early Action' requirements of 35 Illinois Administrative Code(IAC)Section 734.210 have been fulfilled. In accordance with IAC §734.210(a), Ms. Melissa Powell, of GES and environmental consultant for Shell, contacted the Illinois Emergency Management Agency (IEMA) on July 29,2008 and incident number 20081143 was assigned. 2. Data from available sources or site investigations concerning the following; a. Surrounding populations; According to the United States Geological Survey 7.5-Minute Series Topographic Map of the Plattville, Illinois Quadrangle (1993), the Subject Property is located in the southeast quarter of Section 5,Township 36 North,Range 7 East of the Third Principal Meridian in Yorkville,Kendall County,Illinois(Figure 1). A Local Area Map is presented as Figure 2 and a Site Map with existing site features is presented as Figure 3. The Subject Property is located in a mixed use setting. Specific adjacent land uses observed during site activities are as follows: North: The Subject Property is bounded by Stagecoach Trail (Illinois Route 71), followed by commercial properties, South: The Subject Property is bounded by commercial properties, 11532 277 45-Day Report LPC 503 Rev.March 2006 2 East: The Subject Property is bounded by Illinois Route 47, followed by commercial properties, West: The Subject Property is bounded by undeveloped land. b. Water quality; On June 13, 2008, GES oversaw the installation of five onsite groundwater monitoring wells (DW-1 through DW-5). The monitoring wells were constructed following the specifications referenced in IAC §734.425 and 734.430. A Site Map indicating the locations of the groundwater monitoring wells is presented as Figure 4. The monitoring well construction diagrams are presented in Appendix C. On June 23, 2008, Ziron Environmental, Inc. (Ziron) sampled monitoring wells DW-1 through DW-5. Ziron submitted the groundwater samples to Southern Petroleum Laboratories (SPL) in Houston, Texas, for benzene, toluene, ethylbenzene and total xylenes(BTEX)and methyl-tertiary butyl ether(MTBE) laboratory analyses. Upon receipt and review of the groundwater laboratory analytical report, it was determined that the concentration of MTBE in DW-1 and DW-5 were above the Tier 1 groundwater remediation objectives for the groundwater ingestion exposure route. The groundwater analytical results are summarized in Table 1 and illustrated on Figure 4. A copy of the groundwater laboratory analytical report is provided in Appendix A. C. Use and approximate locations of wells potentially affected by the release; In accordance with L4C§734.44(a), GES conducted a well search, which included a 2,500-foot radius around the Subject Property, in order to determine the locations of water wells potentially affected by the release. Specifically, GES conducted a search of the Illinois Environmental Protection Agency (IEPA) Source Water Assessment Program (SWAP) database. According to the information obtained from the SWAP database, multiple potable sources of water were identified within 2,500-feet of the Subject Property. GES performed a potable water well search on June 11,2008 and no potable water sources could be identified. If other potable sources of water are identified in the future, GES will document their existence and provide that information in future reports. A copy of the SWAP information is included in Appendix B. d. Subsurface soil conditions; Based on information obtained during the soil investigation activities performed for this report, the native soils underlying the Subject Property consist predominantly of brown and gray clay. Boring logs indicate the Subject Property is covered by a 4-inch asphalt surface, which is underlain by fill material to approximately 1-foot below ground surface(bgs). The fill is further underlain by predominantly by brown and gray clay to at least 16-feet bgs. A copy of the boring logs and monitoring well construction diagrams are provided in Appendix C. In addition to direct field observations of the geology at the Subject Property, GES reviewed the map entitled Potential for Contamination of Shallow Aquifers by Land Burial of Municipal Wastes(Circular 532,Plate 2),by Richard C.Berg,et. al. This map describes and maps geologic materials to a depth of 50-feet throughout the state. In the map, various geologic materials are differentiated by thickness, texture,permeability,and stratigraphic position in order to rate their relative contamination potential for aquifers in any area of the state. According to the Berg Map, the Subject Property is positioned in the "D2" geologic zone, consisting of uniform,relatively impermeable silty or clayey till or other fine-grained materials extending from the surface to more than 20-feet deep,with 11 532 277 45-Day Report LPC 503 Rev.March 2006 3 or other fine-grained materials extending from the surface to more than 20-feet deep,with no interbedded sand and gravel. This material has a low potential to transport impacts from near surface contamination to underlying aquifer systems. e. Location of subsurface sewers; Currently, a sanitary sewer network is located onsite. if other subsurface utilities are identified in the future,they will be documented and presented in future reports. A Site Map with existing site features is presented as Figure 3. E Climatological conditions; The Subject Property is located in a moist midcontinental climate region. Precipitation occurs primarily in the spring and fall of each year in the form of rain. Weather conditions during the site activities consisted of mostly sunny skies, windy, and temperatures in the 80°F. g. Land use; The Subject Property is an active service station that is utilized for the sale of retail grade gasoline. Current site features include two 10,000-gallon diesel USTs, five 10,000-gallon gasoline USTs, thirteen dispenser islands, and a single story station building. A Site Map with existing site features is provided as Figure 3. 3. A discussion of what was done to measure for the presence of a release where contamination was most likely to be present at the UST site; On June 13, 2008, GES oversaw the advancement of six soil borings (DB-11DW-1 through DB-5IDW-5 and DB-6) as part of the exploratory soil investigation. All field activities relative to soil sample collection, documentation, preparation, labeling, storage, shipment and security, quality assurance and quality control were conducted in accordance with Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (SW846). In accordance with ASTM standards, GES constructed a continuous profile of each soil column based on the predominant geologic characteristics observed as defined by the Unified Soil Classification System. The characteristics of each sample such as color, odor, texture, relative moisture, sediment type, or disturbance were immediately recorded in the field log book. Additionally, GES screened every 2-foot interval utilizing a photoionization detector (PID). Soil samples were collected from the 2-foot interval of highest PID reading, from every 5-foot interval, or if no PID reading, from the center of each 5-foot interval above groundwater. Each soil sample collected was field preserved and sent to SPL for BTEX and MTBE laboratory analyses. Upon receipt of the soil laboratory analytical report, it was determined that soils were below the Tier 1 soil remediation objectives. The soil analytical results are summarized in Table 2 and illustrated on Figure 5. The soil boring logs are provided in Appendix C. The soil analytical laboratory report is provided in Appendix D. 4. The results of the free product investigations; Not applicable. 11 532 277 45-lay Report LPC 503 Rev.March 2006 4 5. A discussion of the action taken to prevent further release of the regulated substance into the environment; According to the tank tightness and line test records between January 1, 2008 and July 23,2008, the present UST system and associated appurtenances at the Subject Property passed tank and line testing. A copy of the Shell Monthly UST System Compliance Report is provided in Appendix E. 6. A discussion of the action taken to monitor and mitigate fire and safety hazard posed by vapors or free product that has migrated from the UST excavation zone and entered subsurface structures; The utility trenches will be surveyed to determine that there is no evidence that natural or manmade corridors are not serving as a preferential pathway for the migration of petroleum or petroleum vapors that could threaten human health, human safety, or potentially cause explosions in basements, crawl spaces, utility conduits, storm or sanitary sewers,vaults or other confined spaces. The survey will consist of screening manholes and grates with a PID and a multi-gas lower-explosive-limit (LEL) meter, to detect potential vapors that may be utilizing the conduit as a migration pathway. 7. Any other information collected wile performing initial abatement measures pursuant to 35 Ill.Adm.Code 731.1362,732.202(b),or 734.210(b). Not applicable. E. Other Information Provide the following: 1. An area map showing the site in relation to the surrounding properties; A Local Area Map indicating the immediately surrounding properties is presented as Figure 2 and a Site Map is presented as Figure 3. 2. A cross section,to scale,showing the UST(s)and the excavation; Not Applicable. 3. Analyticallscreening results in tabular format including results of soil samples required pursuant to 35 Ill. Aden. Code 732.202(h) or 734.210(h) and the most stringent Tier 1 remediation objectives; A soil table listing analytical results is provided as Table 2. 4. Site map meeting the requirements of 35 Ill. Adm. Code 732.110(a) or 734.440 and including sample locations; A Site Map is provided as Figure 3. 5. Soil boring logs; Soil boring logs are provided in Appendix C. 6. Chain-of-custody forms; Chain-of-custody forms are provided in Appendices A and D. 7. Laboratory analytical reports; Laboratory analytical reports are provided in Appendices A and D. H 532 277 45-Day Report LPC 503 Rev.March 2006 5 8. Laboratory certifications; Laboratory certifications are provided as in Appendices A and D. 9. A copy of the Office of the State Fire Marshal Permit for Removal,Abandonment-in- Place,or other OSFM permits or notifications; Not applicable. 10. A narrative of tank removal and cleaning operations; describe how wastes generated during the tank removal were managed,treated and disposed of; Not applicable. 11. Photographs of the UST removal activities and the excavation; Not applicable. 12. Copies of manifests for soil and groundwater transported offsite. Not applicable. F.Early Action Tier 1 Remediation Objectives Compliance Report If the most stringent Tier 1 remediation objectives of 35 Ill. Adm. Code 742 for the applicable indicator contaminants have been met and a groundwater investigation is not required, in addition to the information provided above,provide the following: 1. Site Characterization; Not applicable. 2. If water was encountered in the excavation,provide a demonstration pursuant to 35 M. Adm.Code 732.202(h)(4)(C)that is not representative of actual groundwater; Not applicable. 3. Property Owner Summary(form LPC 568). Not applicable. G.Signatures UST Owner or Operator Signature: All plans, budgets, and reports must be signed by the owner or operator and list the owner's or operator's full name,address, and telephone number. UST Owner or Operator and Licensed Professional Engineer or Licensed Professional Geologist Certification of Stage 1 Site Investigation Plan and Budget (applies to Part 734 sites continuing beyond early action): Pursuant to 35 111. Adm. Code 734.315(b) and 734.310(b), I certify that the Stage 1 site investigation will be conducted in accordance with 35 Ill. Adm. Code 734.Supart H, Appendix D, and Appendix E. This certification is intended to meet the requirements for a plan and budget for the Stage 1 site investigation required to be submitted pursuant to 35 Ill. Adm. Code 734.315 and 734.310. A summary of the actual costs for conducting the Stage 1 site investigation will be submitted concurrently with the results of the Stage 1 site investigation and the Stage 2 site investigation plan and budget. 11 532 277 45-Day Report LPC 503 Rev.March 2006 6 Licensed Professional Engineer or Licensed Professional Geologist Certification: I certify under penalty of law that all activities that are the subject of this plan were conducted under my supervision or were conducted under the supervision of another Licensed Professional Engineer or Licensed Professional Geologist and reviewed by me; that this plan and all attachments were prepared under my supervision; that, to the best of my knowledge and belief, the work described in this plan has been completed in accordance with the Environmental Protection Act [415 ILCS5], 35 Ill. Adm. Code 731, 732 or 734, and generally accepted standards and practices of my profession; and that the information presented is accurate and complete. I am aware there are significant penalties fro submitting false statements or representations to the Illinois EPA, including but not limited to fines, imprisonment, or both as provided in Sections 44 and 57.17 or the Environmental Protection Act[415 ILCS 5/44 and 57.171. UST Owner or Operator Consultant John Robbins for Groundwater&Environmental Name: Shell Oil Products US Company: Services,Inc. Contact: Project Manager Contact: Melissa Powell Address: 603 Diehl Road, Suite 103 Address: 1050 Corporate Blvd, Suite C City: N^ aperville �m y® City: Aurora State: Illinois State: Illinois Zip Code: 60565 Zip Code: 60505 Phone: (630)2761206 Phone: (866)455-2419 p Signature: Signature: s✓ r Date: ; U Date: Licensed Professional Engineer or Geologist L.P.E. or L.P.G.Seal Name: David G.Tully,P.E. Firm: Groundwater&Environmental Services,Inc. Address: 1050 Corporate Blvd, Suite C City Aurora State: Illinois Zip Code: 60505 Phone: (866)455-2419 111.Registration No.: 062-053775 License Expiration Rat : 11/30/09 Signature: Date: 7z.3F� �3 11532 277 45-Day Report LPC 503 Rev.March 2006 7 FIGURES m6md '^. • F f.• t]Y6 rra•.• Sr.., t _ � '' L� 4."� y Wk � '�— �.�� '{`�j„t(. •,fl�s � � X14 , '�' , • r '"', fir` `i � ,`•� '� •X14 �� r � �;� �• r- ��; 3 �^� A , S t� s�",` ',ff •,.,4�.,, �, 'ice-! �.° {,�r *ry �� .ti � .tir` .z f_ •.71 71 ,�yr'y_ } i• a t ti; 'f '. �.� s 9 ";t ' ?1738:, '. � f l�� ,Y I �.a .. .� "t 1'�„- ,. '— �^�P 1 y1'1 �.. rrl`•_$1•., �r}i: ♦ '�'1. � '`a y�1 .: �1k �+} r Ics.�cn r.a S" `q • �1�i^ 0• �It-� ._l ..i :r�. R „ # r•: i x'}007 `a ••r,'..--�.•.i -:5� -i •f. y `•,j��`. f� • :+ .M'Z\1°� �"'_. a �� rk^b i a •�, r S _•�t'zi"�f'-j r/ i� fit 1�L - .� y' • �� s1 3 'fF�' S'j f� t 1 nn t��`� �'�•.. !1-y�., I�. f d �. +,`-f+-�t w r �Y'r •.a'C � �i r Kam.�� ti.. 4 a SOURCE: USGS 7.5 MINUTE SERIES TOPOGRAPHIC QUADRANGLE 1993 PLATTVILLE, ILLINOIS CONTOUR INTERVAL = 10' TOWNSHIP - 36N RANGE - 7E SECTION - 5 DRAFTED 9Y: E.M.E. SITE LOCATION MAP (N.J.) CHECKED BY; SHELL OIL PRODUCTS US SHELL SERVICE STATION SAP#116824 REVIEWED Br: 2001 BRIDGE STREET ILL)N01S YORKVILLE, ILLINOIS NORTH Groundwater&Environmental Services,Inc. 1050 CORPORATE BOULEVARD, SUITE C, AURORA, IL 60505 SCALE IN FEET DATE FIGURE QUADRANGLE LOCATION 0 2DOO 4-30-08 tit �"" � � �•i�r t a a.1 I °!r A Y � s, -- a �`�'y '4p � • Y �M• _ t r nz - _ y LOCAL AREA MAP SHELL OIL PRODUCTS US 1 ; SHELL SERVICE STATION SAP# 116824 { xrneo s: 2001 BRIDGE STREET s -} YORKVILLE, ILLINOIS s NORTH Groundwater&Environmental Services,Inc. M- 1050 CORPORATE BOULEVARD, SUITE C,AURORA, IL 60505 SCALE IN FEET DATE FIGURE 0 APPROXIMATE 150 7-1— 2 ra�Jl � LEGEND —--— PROPERTY BOUNDARY Q UTILITY MANHOLE TRAIL (ILLINOIS ROUTE 70 MONITORING WELL STAGECOACH —ss-- UNDERGROUND SANITARY SEWER LINE WEST —r UNDERGROUND TELEPHONE LINE —UE—— UNDERGROUND ELECTRIC LINE —c—— UNDERGROUND GAS LINE t t E DW DB--$ 5 2 \T DETENTION a POND r DB-1/ O ~ r r t9 DW-1 SERVICE \ z � s STATION D3-2/ \ 9DA_� \\ e\ \ O YY U O / \` DB-3 y3 f\\ �y" M ORArrm tn: E.M.E. SITE MAP CHECKED ar: SHELL OIL PRODUCTS US \� SHELL SERVICE STATION SAP# 116824 REVIEWED BY: 2001 BRIDGE STREET YORKVILLE, ILLINOIS NORTH Groundwater&Environmental Services,Inc. E 1050 CORPORATE BOULEVARD, SUITE C,AURORA, IL 60505 SOURCE SHELL OIL COMPANY SCALE IN FEET DATE FIGURE HOUSTON Tx MAR ,D,BB4 7-2S-o6 3 0 APPROXIMATE 60 LEGEND —--— PROPERTY BOUNDARY ROUTE 71) ® UTILITY MANHOLE MONITORING WELL ECOACH TRAIL (ILLINOIS DW-4 WELL IDENTIFICATION STAG WEST 6 23 3 SAMPLED DATE 94.33 GROUNDWATER ELEVATION (feet) Q, DW5 8 <1 BENZENE CONCENTRATION (ug/L) p a@a/2o06 7 <1 TOLUENE CONCENTRATION (ug/L) �ry 93.36 E <1 ETHYLBENZENE CONCENTRATION (ug/L) �& T � `� MT6E 3e XYLENES CONCENTRATION (u /L) / MTBE CONCENTRATION (ug/L� _ E <1 ug/L MICROGRAMS PER LITER MTBE 610 MTBE METHYL tent-BUTYL ETHER - / / � -. � <# WHERE AN ANALYTE IS NOT DETECTED, / A METHOD DETECTION LIMIT IS GIVEN \ice ti DW-5 \ `� GROUNDWATER CONTOUR (feet) \t DETENTION 1 / INFERRED WHERE DASHED POND 1 / / Q, r3 �. 6/2312008 91.52 DW-I O o \ H DW-4 MTBE 160 / �� / O \\ L0 / SERVICE / \ / STATION OM uW-4 \ D 1 Q h \ DW-y o`yee o / MTDE 3.9 \ DW-2 \ \ /DW-3 612712008 .S 97.96 B <7 DN\� / T <1 DRAP 9r: E <7 M / � E.M.E.. GROUNDWATER ANALYTICAL MAP X <7 (N.J.) JUNE 23, 2008 MTBE <1 ' CHECKED Br: SHELL OIL PRODUCTS US SHELL SERVICE STATION SAP# 116824 DW-3 RENEWED Bf 2001 BRIDGE STREET 612312ODS YORKVILLE, ILLINOIS e <1 Groundwater&Environmental Services,Inc. NORTH T <1 1050 CORPORATE BOULEVARD, SUITE C,AURORA, IL 60505 54L E `1 SCALE IN FEET DATE FIGURE EL O SHELL OIL COMPANY 7( <7 HMARS76N1994 MTBE <i 7-28-06 I 0 APPROXIMATE 60 D&&DW5 D&WDW-s LEGEND 6112/2008 6H 2/2008 2.5 6' —--— PROPERTY BOUNDARY B :0.0019 B :0.0023 ROUTE 77) T 0.0087 T :0.0023 Q UTILITY MANHOLE ILLINOIS E :0.0019 E -0.0023 MONITORING WELL /� r TRAIL ( X -0.00193 X <0.0023 —ss-- UNDERGROUND SANITARY SEWER LINE STAGE"O AG'H MTBE :00019 MTBE 0.053 H —T UNDERGROUND TELEPHONE LINE WEST —uE-- UNDERGROUND ELECTRIC LINE I —G-- UNDERGROUND GAS LINE _ DB-5 SAMPLE IDENTIFICATION SAMPLE DATE ( g' SAMPLE DEPTH (feet) e :0.0023 BENZENE CONCENTRATION (mg/kg) TOLUENE CONCENTRATION (mg/k ) E :0.0023 ETHYLBENZENE CONCENTRATION �mg/kg) XYLENES CONCENTRATION (mg/kg) DB-5 *-j MTBE 0.053 MTBE CONCENTRATION (mg/kg) D 1 DetENnOn mg/kg MILLIGRAMS PER KILOGRAM \7 POND tr /� MTBE METHYL tent-BUTYL ETHER l�. 1 / <# WHERE AN ANALYZE IS NOT DETECTED, t t " \ A METHOD DETECTION LIMIT IS GIVEN r`i B 4 /DBWr- T 0.0031 X 0.0076 MTBE 0.0e4 SERVICE \ . BBa10W< O STATION � + / �1y z.s a x <o.DO1e4 � DB-2/ DW-2/ h DB-210W-2 0 6H212008 25:0.002 \ \ /D B W \ T O.0D47 \ \-e, E -0.002 x O.OD21 DB h/ '\ MTBE :0.002 D\\/ DRAFTED BY. SOIL ANALYTICAL DATA MAP E.M.E.M. JUNE 12, 2000 \ (N.J.) CHECKED BY: SHELL OIL PRODUCTS US °R-6 °" \/ De-31DWa SHELL SERVICE STATION SAP# 116624 6/1212008 6/1212008 $ 2:6 6' 6112,2008 REVEwEO 9 2001 BRIDGE STREET B :0.0022 a :0.0023 2.5• YORKVILLE, ILLINOIS a T 0.0068 T :0.0023 B :0.0010 E :0.0022 E :0.0023 T 005 NORTH Groundwater&Environmental Services,Inc. x o.00ze x :0.0023 E -0.0016 1050 CORPORATE BOULEVARD, SUITE C,AURORA, IL 60505 5H�"ELgL OIL COMPANY M1aE :0.0022 MTBE :00023 x :0.0018 SCALE IN FEET DATE FIGURE HOUSTON T% MTBE 100018 n C MAR 18 1994 o 7-Gg-08 5 0 APPROXIMATE 60 TABLES Table I GROUNDWATER ANALYTICAL DATA-BTEX/MTBE Shell#116824 2001 Bridge Street Yorkville,Illinois Tier 1 Groundwater Remediation Objectives for the Groundwater Ingestion Benzene Toluene Ethyibenzene Xylenes MTBE Exposure Route OWL) OWL) (ug/L) (ug/L) (ug/L) Class I Groundwater Remediation Ob'ective 5 1,000 700 10,000 70 Referenced Depth to Groundwater Sample Location Sample Date Elevation Groundwater Elevation DW-1 06/23/2008 96.88 5.36 91.52 1 <1 <1 <1 I <1 160 DW-2 06/2312008 99.01 5.05 93.96 <1 <1 <1 I <1 <1 DW-3 06/23/2008 99.40 5.54 9186 <l <1 <1 <I <1 DW-4 06/2312008 99.17 4.84 94.33 <1 <1 <1 <1 3.9 11DW-5 1 06/23/2008 1 99.23 1 5.87 93.36 <1 <1 <1 <I 610 NOTES: I. UA o micrograms per liter 2. Dry o Indicates that the well was dry 3. NG a not gauged 4. NS d Not Sampled S. —a no toxicity criteria available for the route of exposure 6. <p a Not detected above the method detection limit(MDL)indicated 7. Bold values indicate concentrations above Title 35]AC Part 742 Tier I Groundwater Remediation Objectives for Class 1 groundwater T able 2 SOIL ANALYTICAL DATA-BTEX/MTBE Shell#116824 2001 Bridge Street Yorkville,Illinois Tier 1 Soil Remediation Objectives for Benzene Toluene Etbylbenzene Xylenes MTBE Residential Properties (mg/kg) (mg/kg) (mg/kg) (mg/kg) (mg/kg) Ingestion-residential 12 16,000 7,800 16,000 780 Ingestion-construction worker 2,300 410,090 20,000 41,000 2,000 Inhalation-residential 0.8 650 400 320 8,800 Inhalation-construction worker 2.2 42 58 5.6 140 Soil Component of Groundwater Class I 0.03 12 13 150 0.32 Sol]Sample Location Date Depth DB-1/DW-1 06/12/2008 4 0.019 0.0031 <0.002 0.0036 0.084 DB-21DW-2 06/12/2008 2.5 <0.002 0.0047 <0.002 0.0021 <0.002 DB-31DW-3 06/12/2008 2.5 <0.0018 0.0045 1 <0.0018 <0.0018 <0.0018 DB-4/DW-4 06/12/2008 2.5 <0.0018 0.0051 <0.0018 <0.00184 <0.0018 DB-5/DW-5 06/12/2008 2.5 <0.0019 0.0087 <0.0019 <0.00193 <0.0019 DB-51DW-5 06/12/2008 6 <0.0023 <0.0023 <0.0023 <0.0023 0.053 DB-6 06/12/2008 2.5 <0.0022 0.0068 <0.0022 0.0028 <0.0022 1313-6 06/1212008 1 6 1 <0.0023 <0. 0023 <0.0023 <0.0023 <0.0023 NOM: 1. mglkg A milligrams per kilogram or parts per million(ppm) 2. ft=feet 3. NS a Not Sampled 4. <9 Not detected above analytical method detection limit 5. -=no toxicity criteria available for the rouie of exposure 6. Bold values indicate concentrations above Tide 35 IAC Part 742 Tier 1 Soil Remedialion Objectives Equilon Enterprises LLC dba Shell Oil Products US HSE/Environmental Services 1511 North Convent 700-293 Bourbonnais, Illinois 60914 Tel (815) 468-8824 Fax(713)423-0544 E-mail john.robbins @shell.com January 16,2012 FEDEX RETURN RECEIPT REQUESTED Mr.Jay Gaydosh Illinois Environmental Protection Agency Bureau of Land- #24 Leaking Underground Storage Tank Section 1021 North Grand Avenue East Post Office Box 19276 Springfield, Illinois 62794-9276 RE: LPC #0930255043 - Kendall County Yorkville/Shell Service Station#116824 2001 South Bridge Street LUST Incident#20081143 LUST Technical File Dear Mr. Gaydosh: Enclosed, please find one original and one copy of the Revised Corrective Action Plan (KCAL') for the above-referenced Leaking Underground Storage Tank (LUST) incident number 20081143. The RCAP was prepared due to the receipt of the October 18, 2011, Illinois Environmental Protection Agency (IEPA), Corrective Action Plan (CAIN rejection correspondence. Should you have any questions or require additional information, please contact me at (815) 468-8824. Sincerely, John bins Environmental Program Manager HSE/Environmental Services Shell Oil Products US End RCAP(2) cc: GES,Inc. RDK Ventures,LLC r::T -r .J I qhk PA REVISED CORRECTIVE ACTION PLAN & BUDGET Shell Service Station#116824 2001 South Bridge Street Yorkville, Kendall County,Illinois LUST Incident#20081143 LPC#0930255043 Prepared For: Mr.John Robbins Environmental Program Manager Shell Oil Products US 1511 North Convent 700-293 Bourbonnais,Illinois 60914 Prepared By: Groundwater& Environmental Services,Inc. 1050 Corporate Boulevard, Suite C Aurora,Illinois 60505 Adam Woloszyn Melissa Nt. Blaha Associate Geologist Senior Project Manager January 16, 2012 TABLE OF CONTENTS Section Title PP A. SITE IDENTIFICATION.................................................................................................1 B. SITE INFORMATION.....................................................................................................1 C. PROPOSED METHODS OF REMEDIATION.............................................................1 D. SOIL AND GROUNDWATER INVESTIGATION RESULTS...................................2 E. TECHNICAL INFORMATION—CORRECTIVE ACTION PLAN..........................3 F. EXPOSURE PATHWAY EXCLUSION.......................................................................11 G. SIGNATURES.................................................................................................................13 FIGURES Figure 1 Well Location Map Figure 2 Local Area Map Figure 3 Site Map Figure 4 Soil Analytical Data Map Figure 5 Groundwater Analytical Map—December 5,2011 Figure 6 MTBE Plume for the GIER Map Figure 7 Proposed Highway Authority Agreement Map Figure 8 Proposed Institutional Controls Map TABLES Table 1 Soil Analytical Data—BTEX/MTBE Table 2 Groundwater Analytical Data—BTEX/MTBE Table 3 Geotechnical and Geochemical Data APPENDICES Appendix A IEPA Correspondence—October 18,2011 Appendix B Groundwater Analytical Laboratory Report Appendix C RBCA Spreadsheet Calculations Appendix D Proposed Budget and Budget Certification Form Appendix E Eligibility&Deductibility Determination Letter i The Agency is authorized to require this information under Section 4 and Title XV I of the Environmental Protection Act(415 ILCS 5/4,5/57-57.17).Failure to disclose this information may result in a civil penalty of not to exceed$50,000.00 for the violation and an additional civil penalty of not to exceed$10,000.00 for each day during which the violation continues (415 ILCS 5/42).Any person who knowingly makes a false material statement or representation in any label,manifest,record,report,permit,or license,or other document filed, maintained or used for the purpose of compliance with Title XVI commits a Class 4 felony.Any second or subsequent offense after conviction hereafter is a Class 3 felony(415 ILCS 5/57.17).This form has been approved by the Forms Management Center. Illinois Environmental Protection Agency Leaking Underground Storage Tank Program Revised Corrective Action Plan A.Site Identification IEMA Incident#(6-8 digit): 20081143 IEPA LPC#(10 digit): 0930255043 Site Name: Shell Service Station#116824 Site Address(Not a P.O.Box): 2001 South Bridge Street City: Yorkville County: Kendall Zip Code: 60560 Leaking UST Technical File B. Site Information 1. Will the owner/operator seek reimbursement from the Underground Storage Tank Fund ®Yes [I No 2. If Yes,is the budget attached? ®Yes ❑No 3. Is this an amended Plan? E]Yes N No 4. Identify the material released: Unleaded gasoline 5. This Corrective Action Plan is being submitted pursuant to: a. 35 Illinois Administrative Code(IAC) §731.166: The material released was: -petroleum -hazardous substance(see Environmental Protection Act Section 3.215) b. 35 IAC§732.404 c. 35 IAC §734.335 C.Proposed Methods of Remediation 1. Soil Not applicable. 2. Groundwater Institutional Controls—Risk Based Corrective Action(RBCA) Equation R26 located in 35 IAC Part 742, Appendix C—Table C was utilized to determine the distance the elevated COC will migrate and attenuate to meet the Groundwater Remediation Objectives (GROs) for Class I groundwater. RBCA Equation R26 was utilized upon moving t, he point of human exposure through the use of institutional controls. 1 D. Soil and Groundwater Investigation Results (for incidents subject to 35 IAC Part 731 only or Part 732 that were classified using Method One or Two,if not previously provided) Provide the following: 1. Description of investigation activities performed to define the extent of soil and/or groundwater contamination; Groundwater & Environmental Services, Inc. (GES), of Aurora, Illinois, was contracted by Shell Oil Products US (Shell) to provide oversight of an exploratory soil and groundwater investigation at Shell Service Station #116824, located at 2001 South Bridge Street, Yorkville, Kendall County, Illinois (Subject Property). The Well Location Map, Local Area Map, and the Site Map are provided as Figure 1, Figure 2, and Figure 3, respectively. The soil analytical laboratory data are illustrated on Figure 4 and summarized in Table 1. The groundwater analytical laboratory data is illustrated on Figure 5 and summarized in Table 2. A summary of the site investigation activities performed at the Subject Property were provided in the July 30, 2008, 45 Day Report, the December 22, 2008, Site Investigation Plan (SIP), the May 20, 2009, Amended Site Investigation Plan (ASIP), the March 26, 2010,Site Investigation Completion Report(SICR),the October 4, 2010, Corrective Action Plan(CAP), and the June 22, 2011, Revised Corrective Action Plan (RCAP) submitted by GES. On October 18, 2011, the Illinois Environmental Protection Agency (IEPA) rejected the CAP, submitted by GES (Appendix A). On December 5, 2011, GES and Ziron Environmental Services, Inc. (Ziron), of Chicago Heights, Illinois, sampled monitoring wells DW-5 and DW-8 and submitted the groundwater samples to Test America Laboratories, Inc. (TestAmerica), of University Park, Illinois, for benzene, toluene, ethylbenzene, and total xylenes (BTEX) and methyl tertiary butyl ether(MTBE)analysis according to USEPA Method 8260B. The groundwater analytical laboratory data is summarized in Table 2 and the groundwater analytical laboratory report is provided in Appendix B Findings-Soil Delineation The soil analytical laboratory data from the investigation activities were compared to the Tier 1 soil remediation objectives (SROs) for residential properties, located in 35 IAC Part 742, Appendix B - Table A. It has been determined that the concentrations of BTEX and MTBE are below the Tier 1 SROs for Class II groundwater. The soil analytical data for BTEX and MTBE is illustrated on Figure 4 and summarized in Table 1. The geotechnical and geochemical data are summarized in Table 3. The soil analytical laboratory reports were provided in the July 30, 2008, 45-Day Report,the May 20, 2009,ASIP, and the March 26,2010,SICK, submitted by GES. Findings-Groundwater Delineation and Class Determination The groundwater analytical laboratory data from the December 5, 2011, groundwater sampling event was compared to the Tier 1 groundwater remediation objectives (GROs) for Class 11 groundwater, located in 35 1A Part 742,Appendix B. It has been determined that the concentrations of MTBE are above the Tier 1 GROs for a Class II groundwater. The groundwater analytical data for the December 5,2011, groundwater monitoring event are illustrated on Figure 5 and summarized in Table 2. The groundwater analytical laboratory report is provided in Appendix B. The IEPA approved the Class H groundwater classification in the July 6, 2010, SICR approval letter. On October 13,2008,Ziron Environmental Services,Inc. (Ziron), of Chicago Heights,Illinois,completed an in-situ hydraulic conductivity test on monitoring well DW-3. The slug test data has been analyzed utilizing the Bouwer and Rice (1976) method, and the calculations were conducted utilizing Agtesoly software developed by HydroSOLVE. The hydraulic conductivity is 8.863 x 10"6 centimeters per second (cm/sec). The hydraulic conductivity corresponds to a groundwater yield, from up to a 12-inch borehole, of 8.98-gallons per day(gal/day)from a thickness of 15-feet or less. Therefore,hydraulic conductivity is less than 1 x 10-4 cm/sec and the groundwater yield is less than 150-gal/day. Copies of the hydraulic 2 conductivity and groundwater yield analyses were provided in the March 26, 2010, SICR, submitted by GES. 2. Analytical results,chain-of-custody forms,and laboratory certifications; The soil and groundwater analytical laboratory reports, chain-of-custody forms, and laboratory certifications were provided in the July 30, 2008, 45 Day Report, the December 22, 2008, SIP, the May 20, 2009, ASIP, the March 26, 2010, SICR, the October 4, 2010, CAP, and the June 22, 2011, RCAP, submitted by GES. The groundwater analytical laboratory report from the December 5, 2011, sampling event is provided in Appendix B. 3. Tables comparing analytical results to applicable remediation objectives; The soil and groundwater analytical data is summarized in Table 1 and Table 2,respectively. 4. Boring logs; The soil boring logs were provided in the July 30, 2008, 45-Day Report, the December 22, 2008, SIP, the May 20,2009,ASIP,and the March 26,2010,SICR,submitted by GES. 5. Monitoring well logs;and The monitoring well diagrams were provided in the July 30, 2008, 45-Day Report, the December 22,2008,SIP,the May 20,2009,ASIP,and the March 26,2010,SICR, submitted by GES. 6. Site maps meeting the requirements of 35 IAC§732.110(a)or§734.440 and showing: a. Soil sample locations; Please refer to Figure 3 and Figure 4. b. Monitoring well locations; and Please refer to Figure 3 and Figure 5. C. Plumes of soil and groundwater contamination. Please refer to Figure 6. E.Technical Information-Corrective Action Plan Provide the following: 1. Executive summary identifying the objectives of the corrective action plan and the technical approach to be utilized to meet such objectives; In order to address the onsite concentrations of COC exceeding the most restrictive Tier 1 GROs, GES has conducted an exposure pathway evaluation of the release pursuant to 35 IAC Part 742. The individual exposure pathways are the following: Soil Ingestion Exposure Pathway: Subpart G(Tier 1 Soil Evaluation) Soil Inhalation Exposure Pathway: Subpart G(Tier 1 Soil Evaluation) Soil Component of the Groundwater Ingestion Exposure Pathway: Subpart G(Tier 1 Soil Evaluation) Groundwater Component of the Groundwater Ingestion Exposure Pathway: Subpart H(Tier 2 Groundwater Evaluation) The Tier 1 evaluation was performed,in accordance with 35 IAC §742.500,by comparing concentrations of COC detected in the soil and groundwater to the remediation objectives provided in 35 IAC Part 742-Appendix B. For each COC, the controlling Tier 1 remediation objective for soil and 3 groundwater corresponds to the lowest value for the pathway under consideration. For the purposes of this Tier 1 evaluation, concentrations representative of the source area correspond to the maximum residual concentration of each COC detected. Concentrations of COC detected in media that have been removed from the site were not used in the evaluation. If impacted media from relatively the same location were sampled and analyzed more than once,the results of the most recent sampling and analysis were used for the risk assessment. The Tier 2 evaluation for groundwater was performed by utilizing RBCA equation R26 to model the distance the COC could potentially migrate and attenuate to the Tier 1 GRO. a. The major components (e.g.,treatment,containment,removal)of the corrective action plan; Shell proposes to move the point of human exposure for the release through the use of institutional controls. These institutional controls will consist of the following: 1)recording the NFR letter to the deed of the Subject Property with the condition that groundwater beneath the site is prohibited from use as a potable water supply;2) Shell has proposed a Highway Authority Agreement with MOT for portions of Illinois Route 71 and Illinois Route 47; 3) Shell may enter into a limited groundwater ordinance with the United City of Yorkville that will prohibit the use of groundwater as a potable water supply within the modeled extent of groundwater impact; and 4)provide the property owners within the modeled extent of groundwater impacts with written notification of Shell's use of the limited groundwater ordinances and provide the IEPA with written proof of these notifications within 45-days from the date the NFR is recorded. In addition, any contaminated soil and groundwater removed, or excavated from, or disturbed at the Subject Property will be handled in accordance with all applicable laws and regulations. b. The scope of the problems to be addressed by the proposed corrective action;and Not applicable. C. A schedule for implementation and completion of the plan; A Tier 2 evaluation of the Groundwater Ingestion Exposure Route (GIER) has been completed in this Corrective Action Plan(CAP). Shell proposes to move the point of human exposure for the release through the use of institutional controls. These institutional controls will consist of the following: 1)recording the NFR letter to the deed of the Subject Property with the condition that groundwater beneath the site is prohibited from use as a potable water supply;2)Shell has proposed a Highway Authority Agreement with MOT for portions of Illinois Route 71 and Illinois Route 47; 3) Shell may enter into a limited groundwater ordinance with the United City of Yorkville that will prohibit the use of groundwater as a potable water supply within the modeled extent of groundwater impact; and 4)provide the property owners within the modeled extent of groundwater impacts with written notification of Shell's use of the limited groundwater ordinances and provide the IEPA with written proof of these notifications within 45-days from the date the NFR is recorded. In addition, any contaminated soil and groundwater removed, or excavated from, or disturbed at the Subject Property will be handled in accordance with all applicable laws and regulations. d. Identification of the remediation objectives proposed for the site; In order to address the issues associated with onsite COC exceeding the most restrictive Tier 1 GROs, an exposure pathway evaluation of the release pursuant to 35 IAC Part 742, was completed. Based upon this evaluation,the individual exposure pathways have been addressed as follows: 4 Innrestion Exposure Route Tier 1 Evaluation Soil analytical data was compared to Tier 1 residential, commercial, and construction worker SROs for the soil ingestion exposure pathway. This comparison indicated that the concentrations of BTEX and MTBE are below the Tier 1 SROs. As a result, further evaluation of this pathway is not warranted. Maximum Residential Industrial/ jObLjeesn] Constituent Soil Boring Sample Detected Remediation Commercial Depth Remediation of Concern Location Concentration Objectives (feet) (PPm) (ppm) Objectives m Benzene DB-1/DW-1 J 4 0.019 12 100 2,300 Toluene DB-5/DW-5 IF--2–.-5 –IL. 0.0087 16,000 410 000 410,000 Eth lbenzene DB-6 2.5 <0.0022 7,800 200 000 20,000 Total x lens IF DB-1/DW-1 0.0036 160,000 410 000 41,000 MTBE 11 DB-l/DW-1 4� 0.084 780 20 000 2,000 NOTES: ppm=parts per million=mg/Kg=milligrams per kilogram Inhalation Exposure Route Tier 1 Evaluation Soil analytical data was compared to Tier 1 residential, commercial, and construction worker SROs for the soil inhalation exposure pathway. This comparison indicated that concentrations of BTEX and MTBE are below the Tier 1 SROs. As a result, further evaluation of this pathway is not warranted. ILLMaximum Residential Industrial/ Construction Constituent Soil Boring Sample Detected Remediation Commercial Worker Depth Remediation Remediation of Concern Location Concentration. Objectives (feet) (ppm) (ppm) Objectives Objectives m m Benzene 11 DB-1/DW-1 1 4 0.019 IF 0.8 IL 1.6 11 2.2 Toluene 11 DB-5/DW-5 JF--2—.5-11 0.0087 11 650 650 42 Eth lbenzene 11 1313-6 2.5 <0.0022 400 400 58 Total x lenes 11 DB-1/DW-1 4� 0.0036 F 320 320 5.6 MTBE 11 DB-1/DW-1 4� 0.084 8,800 8,800 140 NOTES: ppin=parts per million=mg/Kg=milligrams per kilogram Soil Component of the Groundwater Ingestion Exposure Route Tier 1 Evaluation Soil analytical data was compared to the Tier 1 residential SROs for the Soil Component of the Groundwater Ingestion Exposure Route (SCGIER). Soil analytical data indicated that the concentrations of BTEX and MTBE are below the Tier 1 SROs. As a result, further evaluation of this pathway is not warranted. 5 Constituent of Soil Boring Sample Maximum Detected Residential Remediation Concern Location Depth Concentration Objectives for Class II feet) m Groundwater m Benzene DB-1/DW-1 4 F-10.019 0.17 Toluene DB-5/DW-5 2.5 r 0.0087 29 Eth lbenzene DB-6 2.5 <0.0022 19 Total x lenes DB-1/DW-1 44 0.0036 150 MTBE DB-l/DW-1 4� 0.084 1 0.32 NOTES: ppm=parts per million=mg/Kg=milligrams per kilogram Groundwater Inzestion Exvosure Route Tier 1 Evaluation IL Groundwater analytical data was compared to the Tier i residential GROs for the groundwater ingestion exposure route (GIER). Groundwater analytical data indicated that the concentrations of MTBE at monitoring well locations DW-5 and DW-8 exceed the Tier 1 GRO for Class H groundwater;therefore,further evaluation of this pathway is warranted. Constituent of Monitoring Well Most Recent/Maximum GIER Remediation Objectives Concern Location Detected Concentration for Class II Groundwater Benzene DW-5 11 <2 25 Toluene 1 DW-5 <2 2,500 Ethylbenzene DW-5 <2 1,000 Total x lenes DW-5 <2 10,000 MTBE DW-5 630 70 NOTES: pg/L=micrograms per liter Bold=values above the 35 IAC§742 Tier 1 GROs for Class II groundwater RBCA EQUATION R26 INPUT VALUES S mbol F—U—ni—tll Default Parameters Value Source d� First order degradation constant 35 IAC Part 742,Appendix C— MTBE 0 assumed) Table E 35 IAC Part 742,Appendix C— OT L/L Total Soil Porosity—Clay 0.36 Table D Tier 1 Groundwater 35 IAC Part 742,Appendix B— C�XI mg/L Remediation Objective Table E(Class I Groundwater) MTBE 0.07 Default value for mixing zone Source width perpendicular to thickness. This value assumes that groundwater impact will remain Sd cm groundwater flow in the 200 within the upper portion of the aquifer vertical plane due to the low specific gravity of petroleum hydrocarbon constituents. 6 Symbol Unit Site-Specific Parameters Value Source Source width perpendicular to Figure 6—MTBE Plume for the GIER SW groundwater flow in the 8,077.2 Map horizontal lane cm cm/cm Hydraulic Gradient 11 0.011 r DW-5 to DW-2 12/5/2011 .La:JFcin/day I H draulic Conductivi 0.766 DW-3 10/13/2008 The calculations using RBCA Equation R26 yielded the following results: Scenario#1—DW-5 E entration of Constituent at Source MTBE -GW 0.630 m /L Distance Measured from the DW-5 to the Tier I Class 1 GRO 384-feet The distance the MTBE concentration at monitoring well location DW-5 will attenuate to the Tier 1 Class I GRO is approximately 384-feet. Please refer to Figure 6. Scenario#2—DW-8 Mof Constituent at Source MTBE -GW 0.078 mg/L e Measured from the DW-8 to the Tier I Class 1 GRO 1141-feet The distance the MTBE concentration at monitoring well location DW-8 will attenuate to the Tier 1 Class I GRO is approximately 41-feet. Please refer to Figure 6. GIER Pathway Exclusion Shell proposes to move the point of human exposure for the release through the use of institutional controls. These institutional controls will consist of the following: 1)recording the NFR letter to the deed of the Subject Property with the condition that groundwater beneath the site is prohibited from use as a potable water supply; 2) Shell has proposed a Highway Authority Agreement with IDOT for portions of Illinois Route 71 and Illinois Route 47; 3) Shell may enter into a limited groundwater ordinance with the United City of Yorkville that will prohibit the use of groundwater as a potable water supply within the modeled extent of groundwater impact; and 4)provide the property owners within the modeled extent of groundwater impacts with written notification of Shell's use of the limited groundwater ordinances and provide the IEPA with written proof of these notifications within 45-days from the date the NFR is recorded. In addition, any contaminated soil and groundwater removed, or excavated from, or disturbed at the Subject Property will be handled in accordance with all applicable laws and regulations. 3. A description of the remedial technologies selected: a. The feasibility of implementing the remedial technologies; b. Whether the remedial technologies will perform satisfactory and reliably until the remediation objectives are achieved; and C. A schedule of when the technologies are expected to achieve the applicable remediation objectives; Not applicable. 4. A confirmation sampling plan that describes how the effectiveness of the corrective action activities will be monitored during their implementation and after their completion; Not applicable. 5. A description of the current and projected future uses of the site; The Subject Property is an active service station. Current site features include three 10,000-gallon diesel fiberglass USTs, four 10,000-gallon gasoline fiberglass USTs, thirteen 7 dispenser islands, and a single story station building. A Site Map with existing site features is presented as Figure 3. The future utilization of the Subject Property is unknown. 6. A description of engineered barriers or institutional controls that will be relied upon to achieve remediation objectives; Shell proposes to move the point of human exposure for the release through the use of institutional controls. These institutional controls will consist of the following: 1)recording the NFR letter to the deed of the Subject Property with the condition that groundwater beneath the site is prohibited from use as a potable water supply;2) Shell has proposed a Highway Authority Agreement with IDOT for portions of Illinois Route 71 and Illinois Route 47; 3) Shell may enter into a limited groundwater ordinance with the United City of Yorkville that will prohibit the use of groundwater as a potable water supply within the modeled extent of groundwater impact; and 4)provide the property owners within the modeled extent of groundwater impacts with written notification of Shell's use of the limited groundwater ordinances and provide the IEPA with written proof of these notifications within 45-days from the date the NFR is recorded. In addition, any contaminated soil and groundwater removed, or excavated from, or disturbed at the Subject Property will be handled in accordance with all applicable laws and regulations. a. an assessment of their long-term reliability; These controls and restrictions will be identified in the NFR letter, which will be recorded in the chain-of-title for the Subject Property. b. operating and maintenance plans;and Not applicable. C. maps showing area covered by barriers and institutional controls; Please refer to Figure 7 and Figure 8. 7. The water supply well survey; a. Map(s)showing locations of community water supply wells and other potable wells and the setback zone for each well; Potable water supply information obtained from IEPA Source Water Assessment Program (SWAP)database was provided in the July 30,2008,45 Day Report,submitted by GES. b. Map(s)showing regulated recharge areas and wellhead protection areas; Potable water supply information obtained from the IEPA SWAP database was provided in the July 30,2008,45-Day Report, submitted by GES. C. Map(s) showing the current extent of groundwater contamination exceeding the most stringent Tier 1 remediation objectives; Please refer to Figure 5. d. Map(s) showing the modeled extent of groundwater contamination exceeding the most stringent Tier 1 remediation objectives; Please refer to Figure 6. e. Tables listing the setback zone for each community water supply well and other potable water supply wells; Potable water supply information obtained from the IEPA SWAP database was provided in the July 30,2008,45-Day Report, submitted by GES. 8 E A narrative identifying each entity contacted to identify potable water supply well,the name and title of each person contacted,and any field observations associated with any wells identified;and Potable water supply information obtained from the IEPA SWAP database was provided in the July 30,2008,45-Day Report, submitted by GES. g. A certification from a Licensed Professional Engineer or Licensed Professional Geologist that the survey was conducted in accordance with the requirements and that documentation submitted included information obtained as a result of the survey (certification of the plan satisfies this requirement); A Licensed Professional Engineer certification is on page 13 of this report. 8. Appendices: a. References and data sources report that are organized; and Not applicable. b. Field logs,well logs,and reports of laboratory analyses; Soil and groundwater analytical laboratory data are summarized in Table 1 through Table 3. The soil boring logs/monitoring well construction diagrams and soil and groundwater analytical laboratory reports were provided in the July 30, 2008, 45-Day Report, the December 22, 2008, SIP, the May 20, 2009, ASIP, the March 26,2010, SICR, the October 4, 2010, CAP, and the June 22, 2011, RCAP, submitted by GES. The groundwater analytical laboratory report for the December 5, 2011, sampling event is provided in Appendix B. 9. Site map(s)meeting the requirements of 35 M.Adm.Code§732.110(a)or§734.440; Please refer to Figure 1 through Figure 8. 10. Engineering design specifications, diagrams, schematics, calculations, manufacturer's specifications,etc., Not applicable. 11. A description of bench/pilot studies; Not applicable. 12. Cost comparison between proposed method or remediation and other methods of remediation; Not applicable. 13. For the proposed Tier 2 or 3 remediation objectives,provide the following: a. The equations used; Groundwater Ingestion Route — site-specific GROs were developed In accordance with 35 1A §742.715(d),RBCA Equation R26 located in 35 IAC Part 742,Appendix C-Table C. b. A discussion of how input variables were determined; Hydraulic conductivity W —Field observations made during site investigation activities indicated subsurface soils to be predominately clay. On October 13, 2008, Ziron completed an in-situ hydraulic conductivity test on monitoring wells DW-3. The hydraulic conductivity, as determined from monitoring well DW-3, is 8.863 x 10-6 cm/sec. A copy of the hydraulic conductivity and groundwater yield analyses were provided in the March 26,2010,SICR,submitted by GES. 9 Organic carbon content — On November 30, 2009, GES collected the natural organic carbon fraction (Foc) sample from soil boring location DB-12. The laboratory analysis indicated that the Foc value for subsurface soil is 0.01508 grams per gram (g/g). The soil geotechnical and geochemical data is summarized in Table 3 and the analytical laboratory report was provided in the March 26,2010,SICR, submitted by GES. Soil bulk density—Field observations made during site investigation activities indicated subsurface soils to be predominately clay. On November 30, 2009, GES collected the soil bulk density sample from soil boring location DB-12. The site-specific soil bulk density value is 1.89 grams per cubic centimeter (g/cm) from 7 to 8-feet below ground surface (bgs). The soil geotechnical and geochemical data is summarized in Table 3 and the analytical laboratory report was provided in the March 26,2010,SICR,submitted by GES. C. Map(s)depicting distances used in equations;and Please refer to Figure 6. d. Calculations; The RBCA spreadsheet calculations are provided in Appendix C. 14. Provide documentation to demonstrate the following for alternative technologies: a. The proposed alternative technology has a substantial likelihood of successfully achieving compliance with all applicable regulations and remediation objectives; Not applicable. b. The proposed alternative technology will not adversely affect human health and safety or the environment; Not applicable. C. The owner or operator will obtain all Illinois EPA permits necessary to legally authorize use of the alternative technology; Not applicable. d. The owner or operator will implement a program to monitor whether the requirements of subsection(14)(a)have been met; Not applicable. e. Within one year from the date of the Illinois EPA approval,the owner or operator will provide to the Illinois EPA monitoring program results establishing whether the proposed alternative technology will successfully achieve compliance with the requirements of subsection(14)(a); and Not applicable. L Demonstration that the cost of alternative technology will not exceed the cost of conventional technology and is not substantially higher that at least two other alternative technologies,if available and technically feasible. Not applicable. 15. Property Owner Summary form. Not applicable. A proposed budget including costs associated with the two previous CAP preparations and budget certification form are provided in Appendix D. The Eligibility & Deductibility Determination Letter is provided in Appendix E. 10 F. Exposure Pathway Exclusion Provide the following: 1. A description of the tests to be performed in determining whether the following requirements will be met: a. Attenuation capacity of the soil will not be exceeded for any of the organic contaminants; To determine if the soil attenuation capacity was exceeded, the sum of the organic contaminant residual concentrations at each discrete sampling point was compared to the Foc of the soil. The site-specific Foc is 0.01508 g/g for subsurface soils; therefore, the attenuation capacity has not been exceeded. b. Soil saturation limit will not be exceeded for any of the organic contaminants; As shown in the below table, the soil saturation limits for the organic contaminants were not exceeded. Constituent of Soil Boring Sample Maximum Detected Soil Saturation Limit Concern Location De th feet Concentration m C m Benzene DB-1/DW-1 4 0.019 g70 Toluene —� DB-5/DW-15J 2.5 0.0087 IL 650 —J Eth lbenzene DB-6 2.5 <0.0022 400 Total x lens DB-1/DW-1 4 0.0036 320 MTBE DB-1/DW-1 11 1 0.084 8,800 C. Contaminated soil do not exhibit any of the reactivity characteristics of hazardous waste per 35 IAC§721.123; Soil reactivity was not analyzed at the Subject Property. d. Contaminated soils do not exhibit a pH <2.0 or >12.; and On December 1, 2009, GES collected a waste characterization sample from the Subject Property for pH analysis. It has been determined from soil analytical results that site-specific pH of subsurface soils is 7.87. e. Contaminated soils which contain arsenic, barium, cadmium, chromium, lead, mercury or selenium (or other associated salts) do not exist any of the toxicity characteristics of hazardous waste per 35 IAC§721.124. A review of the Office of the State Fire Marshal (OSFM)records indicated that the USTs located at the Subject Property have stored unleaded gasoline and diesel; therefore, soils are not expected to exhibit toxicity characteristics of hazardous waste per 35 IAC §721.124. 2. A discussion of how any exposure pathways are to be excluded. Ingestion Exposure Route Not applicable. Inhalation Exposure Route Not applicable. SCGIER Not applicable. I1 GIER Shell proposes to move the point of human exposure for the release through the use of institutional controls. These institutional controls will consist of the following: 1)recording the NFR letter to the deed of the Subject Property with the condition that groundwater beneath the site is prohibited from use as a potable water supply;2) Shell has proposed a Highway Authority Agreement with MOT for portions of Illinois Route 71 and Illinois Route 47; 3) Shell may enter into a limited groundwater ordinance with the United City of Yorkville that will prohibit the use of groundwater as a potable water supply within the modeled extent of groundwater impact; and 4)provide the property owners within the modeled extent of groundwater impacts with written notification of Shell's use of the limited groundwater ordinances and provide the IEPA with written proof of these notifications within 45-days from the date the NFR is recorded. In addition, any contaminated soil and groundwater removed, or excavated from, or disturbed at the Subject Property will be handled in accordance with all applicable laws and regulations. 12 G. Signatures All Plans, budgets, and reports must be signed by the owner or operator and list the owner's or operator's full name,address,and telephone number. UST Owner or Operator Consultant John Robbins for Groundwater&Environmental Name: Shell Oil Products US Company: Services,Inc. Contact: Environmental Program Manager Contact: Melissa M.Blaha Address: 1511 North Convent 700-293 Address: 1050 Corporate Blvd, Suite C City: Bourbonnais City: Aurora State: Illinois State: Illinois Zip Code: 60914 Zip Code: 60505 Phone: (815)468- 824 Phone: (866)455-2419 ext 4038 Signature: Signature: Date: y- it, Date: 1 °7 I certify under penalty of law that all activities that are the subject of this plan were conducted under my supervision or were conducted under the supervision of another Licensed Professional Engineer or Licensed Professional Geologist and reviewed by me; that this plan and all attachments were prepared under my supervision; that, to the best of my knowledge and belief, the work described in this plan has been completed in accordance with the Environmental Protection Act [415 ILCS5], 35 Ill. Adm. Code 731, 732 or 734, and generally accepted standards and practices of my profession; and that the information presented is accurate and complete. I am aware there are significant penalties for submitting false statements or representations to the Illinois EPA, including but not limited to fines, imprisonment, or both as provided in Sections 44 and 57.17 or the Environmental Protection Act [415 ILCS 5/44 and 57.17]. Licensed Professional Engineer or Geologist L.P.E.or L.P.G. Seal Name: David G. Tully,P.E. Firm: Groundwater&Environmental Services,Inc. Address: 1050 Corporate Blvd, Suite C City Aurora State: Illinois Zip Code: 60505 Phone: (866)455-2419 ext 4040 Ill. Registration No.: 062-0.53.775 License Expirat' n ate 11/30/ 013 Signature: , Date: - 13 FIGURES x y : I k Am .:7A 5q �'•. .. l r R 4. WW t.fi lk �, � �°"l-1 '+� i R � 'try' •,,, SITE w w r f s to rzt W i r 1 x ' 2500 RADIUS i }, 1� < Y o w t x , SOURCE: USGS 7.5 MINUTE SERIES LEGEND: TOPOGRAPHIC QUADRANGLE 1993 PLATTVILLE, ILLINOIS WQ WELL CONTOUR INTERVAL = 10' TOWNSHIP - 36N RANGE - 7E SECTION - 5 DRAFTED BY- M.L.T. WELL LOCATION MAP (N.J.) CHECKED BY: SHELL OIL PRODUCTS US SHELL SERVICE STATION SAP#116824 REVIEWED BY: 2001 BRIDGE STREET ILLINOIS YORKVILLE, ILLINOIS NORTH Groundwater&Environmental Services,Inc. 1050 CORPORATE BOULEVARD, SUITE C, AURORA, IL 60505 SCALE IN FEET DATE FIGURE 2-9-08 QUADRANGLE LOCATION o a000 1 y ttj'A ti C mrwwnc�ri ALSH CIRCLE a FN01 FiID 'A / I COYYEACML �, RpIp1 E 71 1 � Z w2 j til �j a w � (c i� `f� woods DRR +.f' vN+auc,m E.M.E.M. LOCAL AREA b1AP cNCCD av: SHELL OIL PRODUCTS US SHELL SERVICE STATION SAP/ 116624 X ?� �rwro er 2001 SOUTH BRIDGE STREET YORKVW E, ILLINOIS NORTN Groundwater&Environmental Services,Inc. 1050 CORPORATE BOULEVARD,SUITE C,AURORA, IL 60505 ., SCALE IN FEET(APPROXIMATE) DATE FlGURE EMMMMM� 9-15-10 2 : WAIL:GREENS LEGEND —--— PROPERTY BOUNDARY (� UTILITY MANHOLE ILLINOIS ROUTE 71) UNDERGROUND STORAGE TANK STAGECOACH TRAIL ( PRODUCT PIPING LINE WEST —� —Y VAPOR RECOVERY LINE arch MONITORING WELL '�b / (ITCH OBSERVATION WELL \ 'Y DO-13/ \ '[rjc—- SOIL BORING C — J D6=12/ \ DW-,2 c— _ DW-11 _�_\- jJl —�-- UNDERGROUND SANITARY SEWER LINE °M e —s*—— UNDERGROUND STORM SEWER LINE ONE pp '/ DW ��'r \ £ —T UNDERGROUND TELEPHONE LINE SIGN DB r w UNDERGROUND ELECTRIC LINE -5/ `ec r\� ®' \ .� —w UNDERGROUND WATER LINE \t DETENTION z- \ POND ? UNDERGROUND GAS LINE r s ''-{ — DHE — OVERHEAD ELECTRIC �r r v DW-y DW-DB 1 g rr�h�4:i a rC,'ir 1r LIE— sue \s O DB-4/Q t9W/ i O DW-6 \q�DW- W \�s SERVICE \ STATION m yRv' OSS\\ (pi DB-2/ DW-2 y � � m �W 0 OO DW 4 \ \\ \ \+DB-6 / �MPSUR E.M.E. SITE MR (N.J.) CHECKED eY: SHELL OIL PRODUCTS US v \� SHELL SERVICE STATION SAP,# 116824 REVIEWED BY 2001 SOUTH BRIDGE STREET _YORKVILLE, I LINOLS Groundwater&Environmental Services,Inc. c? NORTH 1050 CORPORATE BOULEVARD, SUITE C,AURORA, IL 60505 SQURC SHELL OI COMPANY SCALE IN FEET DATE FIGURE L HOUSTON TX--Y— -----�----�--_ —_ --_------ --- 0 APPROXIMATE 60 MAR 18 1994 � 1-3-12 3 t'30-09D 11-30-09 D -13 DW-12 4' 4' 11-30-09 a <o B <00009 a'WALGREENS LEGENT 10a0o1 1 T <0.0009 E ` D B `0.0008 X <0.001 E `0'0009 T `0.0008 ---- PROPERTY BOUNDARY MTBE<0.0049 X 10.0009 E `0.0008 MTBE`0.0047 OM UTILITY MANHOLE X 10.0008 ___ ROUTE 71) MTBE `0.0041 UNDERGROUND STORAGE TANK OACH TRAIL (ILLINOIS -=P-=PRODUCT PIPING LINE WEST D -5 D - -v -VAPOR RECOVERY LINE STAG DITCH 1;0 s 1z zoos 2.5' MONITORING WELL (7 B `0.0019 C DITCH DB-13/ E 00019 $ SOIL BORING WELL DITCH DB-11 DW-12 X `0.00193 \ DW-11 � - DB-4 SAMPLE IDENTIFICATION MTBE `0.0019 6 12 2008 SAMPLE DATE N N g8 1,, 2.5' SAMPLE DEPTH (feet) 2 8 8 `0.0018 BENZENE CONCENTRATION (mg/k ) W-1 sicN \ <0 0 $ E <0.0018 TETHYLBENZENE CONCENTRATION kg�g/kg) ti yti pW 5/ O 3-� X <O.Ot 84 XYLENES CONCENTRATION (mg k(g) 11-30-09 2 DETENTION < 0 MTBE<0.0018 MTBE CONCENTRATION (mg/kgs 2' �2 POND r? \ �� T 3 mg/kg MILLIGRAMS PER KILOGRAM TI<<.0.0009 tl 1 \ 'C MTBE METHYL tent-BUM ETHER E `0.0009 tit tz P \ \ H <# WHERE AN ANALYTE IS NOT DETECTED, X <0.0009 '`�. ` DB-9/ Q /� O \ Z A METHOD DETECTION LIMIT IS GIVEN MTBE 1a.o0a3 8 P � \ SOIL SAMPLES WERE COLLECTED BELOW 1_�DW /e / DB-i DW-1 DB-10 1 i _ e :) STATIC GROUNDWATER LEVEL s 1 z zoos 1 DW-9 �_ �� O ° \ 5 s as B 0. 9 1 /DB-4/Q N T 0.00103 ��iy iitv1 / DW-4 E `. 002 MTB 1 io ioJ2 E 0084 DB-7/ ` \\4 D o� \ DW-6 / 3 3o zoos SERVICE \ B 2' o.DOOS STATION OM T 0.001 E `0.0009 ° X <0.0009 \ MTBE<0.0045 3 -B DW-7 B- -7 DB-2/ N 3 30 2009 3 30 2009 \ 0W o h O 2' 4' O ' B 0.0009 B <0.001I / i T <0.0009 T 0.0012 \ \ vQW-3/ NEE` E `0.0009 E <0.0011 /p X <o.000s x <o.00n MTBE`0.0044 MTBE`0.0056 DUE TO SHALLOW LTTHOLOGY AND GROUNDWATER A \ DUMPSTER SOIL SAMPLE COULD NOT BE COLLECTED AT THE \\ ENCLOSURE DB 6� / LOCATION OF DO-9/DW-8. 8-2 D -2 \ DRArrro W ��.. s 12 5 006 _ / (N SOB,ANALYTICAL DATA MAP 8 `0.002 \ T 0.0047 ' CHECKED 6Y: I�I,OII.PRODUCTS US�- E <o.00z DB-6 _ D -4 w-4 SHELL SERVICE STATION SAP 116824 X 0.0021 6 12 2008 2 8 'B-3 DW-3 6 12 2008 x \/ RENEWED Er 2001 SOUTH BRIDGE STREET MTBE <o.o0z 2 5• 6 12 2008 2.5' a <0.0022 <00 2.5' B <0.001e YORKVILLE, BJJNOIS r T 0.0068 2 B <0.0018 T 0.0051 E <0.0022 .0 3 T 0.0046 E `0.0018 NORTH Groundwater&Environmental Services,Inc. `-' x 0.0028- < 0 E <0.0018 x <0.0184 1050 CORPORATE BOULEVARD, SUITE C.AURORA, IL 60505 SOURCE: MTBE <0.0022 2Y X <0.0018 MTBE`0.0018 SHELL OIL COMPANY MTBE<O.00tB SCALE IN FEET DATE FIGURE HOUSTON TX MAR 18 1994 9-23-10 4 0 APPROXIMATE 60 DW-11 LEGEND WALGREENS 12-5-11 93.94 OW12 —--— PROPERTY BOUNDARY NS 12-5-11 OM UTILITY MANHOLE ROUTE 71) 96.87 i i UNDERGROUND STORAGE TANK STAGECOACH TRAIL (ILLINOIS NS —P-- PRODUCT PIPING LINE —� VAPOR RECOVERY LINE WEST \ �\ ` DITCH ) DW-5 MONITORING WELL d 12-5-11 9`00, /\ \ ( 94.53 OBSERVATION WELL \ ` \ \ 'Erl a <1 DW-5 WELL IDENTIFICATION DW-12 T <t 12-5-11 SAMPLED DATE DW-10 -_�-- �(� DW-111 ` X c2 94.53 GROUNDWATER ELEVATION (feet) I B <i BENZENE CONCENTRATION (ug L 12-5-11 - _ MTBE 630 E <� TOLUENE CONCENTRATION 92.97 DW-10 I g/L) NS i-� ti,tit SS" \ MIBE 3' MTBE CONCE TRA ON (ug%L) \? t -5 `3 ug/L MICROGRAMS PER LITER Z DETENTION j /� \ �� \i POND MTBE METHYL tent-BUM ETHER I ii l71 C,PaGNk H / Q \ \ <# AHMETHOD DETECTION LIMIT S GIVEN D rr � DW-4 DASHED WW ERE INFERRED(feet) 1 94 6911 \ OW y N pW r`„� 1 v P �\\ 0isae Q \ O 1255-11 630 BOLD VALUES INDICATE THE CONCENTRATIONS r rrJ= �,,� ARE ABOVE TIER 1 GROUNDWATER REMEDIATION NS v�r r �'s Q \ NS OBJECTIVES `o` or r�ri r r Q ' NS NOT SAMPLED DW-4 � 12-5-11 SERVICE \ w 94.67 94.00_ _ \_ a NS \ STATION OM 5.00— Q \ DW-6 ay`o 12-5-11 -2a 2 �s� \ H 94.94 4 \ Q O \ M NS DW-8 \ 12-5-11 NOTE. 95.09 \ Q� O DW 3 13 <0.5 �'°-� MONITORING WELL DW-8 WAS NOT USED TO i <o.s ��._- DUMPSTER /\ DETERMINE GROUNDWATER FLOW DIRECTION. E <0.5 \ ENCLOSURE X <1 �.`-_..__.-... _ MTBE 76 12D—W--1 1 \ /� ' °R.M.. GROUNDWATER ANALYTICAL MAP 96.1e \ (N.J,) -_ DECIMER 5, 2011 NS DW-7 ' l CHECKED By SHE ML OIL PRODUCTS US 12-5-11 SHELL SERVICE STATION SAP/ 116824 65.53 NS REVIENEp er. 2001 SOUTH BRIDGE STREET DW_3 YORRVILLE, ILLINOIS -.- t2-5—t t Groundwater&Environmental Services,Inc. 9 94.93 NORTH 1050 CORPORATE BOULEVARD, SUITE C,AURORA, IL 60505 E S4ELL O SCALE IN FEET DATE FIGURE S HELL OIL COMPANY HOUSTON T% t-3—I2 5 MAR 18 1994 0 APPROXIMATE 60 _____---_ - - --- --------- fir--- -_ � � LEGEND —--— PROPERTY BOUNDARY 0 UTILITY MANHOLE i UNDERGROUND STORAGE TANK —a PRODUCT PIPING LINE — VAPOR RECOVERY LINE ,tB MONITORING WELL OBSERVATION WELL SOIL BORING —ss—— UNDERGROUND SANITARY SEWER LINE UNDERGROUND STORM SEWER LINE —T UNDERGROUND TELEPHONE LINE —uE—— UNDERGROUND ELECTRIC LINE —w — UNDERGROUND WATER LINE >1s sancc wom UNDERGROUND GAS LINE mann.•TmPO�1°1A""`nn.o.�rclux T'E 01ST f1p1I°Y-B \ '�rTxT — u+E — OVERHEAD ELECTRIC ro nIE ails 1 am s JB4 FEET WALGREENS MTBE METHYL tent-BUM ETHER ` UTE 71) k,,d PLUME EDGE STAGECOACH 'FR (ILLINOIS m i � WEST STAGECOACH d \ wF. DB-13/ nc oatWact ow-e ro \i M. _ Yl1 UB ow- ° ve9 DB-4/p 00-7 \\4 DO I/ 0W-6 '/ \w SERVICE \� STATION \ D M.E. MTBE PLUME FOR THE GIER MAP CHECKED er: SHELL OIL PRODUCTS US SHELL SERVICE STATION SAP# 116824 3/ p DI - / \\ REVEwcD er 2001 SOUTH HRHIGE STREET / YOREVILLE, ILLINOIS \ � — NORTH © Groundwater 8c Environmental Services,Inc. v 1050 CORPORATE BOULEVARD, SUITE C,AURORA. IL 60505 oURCE: \ SHCU.OIL COMPANY J SCALE IN FEET DATE FIGURE HOUSTON TX MAR 18 1994 I 0 APPROxiMATE 80 �-�O-�2 6 LEGEND ———— PROPERTY BOUNDARY OM UTILITY MANHOLE UNDERGROUND STORAGE TANK —p PRODUCT PIPING UNE —� VAPOR RECOVERY LINE 6 MONITORING WELL OBSERVATION WELL SOIL BORING —ss—— UNDERGROUND SANITARY SEWER LINE UNDERGROUND STORM SEWER LINE T UNDERGROUND TELEPHONE LINE —GE—— UNDERGROUND ELECTRIC LINE —w — UNDERGROUND WATER LINE —G—— UNDERGROUND GAS LINE GHE — OVERHEAD ELECTRIC WALGrsEWrs F�SS ��00TT pp HRGHWAY AIUIHORffY AGREEMENT sd 1 RIfN1Rl1 ! / e t9 DB-1 e e e�e (�� p 1 ° Dw=f' DO-7 4DW— Dw B SERVICE STATIONSi t \ / a\ DBnFiEO°BY: DB-z O \tea / /� \"� E.M.E. PROPOSED HIGHWAY AUTHORITY AGREEMENT MAF NJ \ O M CHECKED BY: SHELL OIL PRODUCTS US SHELL SERVICE STATION SAP# 116824 Q REMEWED BY 2001 SOUTH BRIDGE STREET YORMLLE, ILLINOIS Groundwater&Environmental Services,Inc. NORTH 1050 CORPORATE BOULEVARD,SUITE C.AURORA,IL 60505 v SCALE IN FEET DATE FIGURE \� ' ' T D mmmmX 6-8-11 7 -- CRASS LEGEND to T� AREA SUBJECT TO FIELD y L 1 GROUNDWATER USE RESTRICTIONS x � AREA SUBJECT TO � UNITED CITY OF YORIMLLE LIMITED GROUNDWATER ORDINANCE RESTRICTIONS IPIN PROPERTY IDENTIFICATION NUMBER b COMMERCIAL FARM FIELD I ' WALGR E I y O y PINhl 05—OS-478-005 ROUTE 71 - - - x TREES -'1 s E 3 SITE a+uhD sY: E-M.E. PROPOSED INSTITUTIONAL CONTROIS MAP CHECKED er: SHELL OIL PRODUCTS US SHELL SERVICE STATION SAP/ 116624 aMEWED BY 2001 SOUTH BRIDGE STREET _ YORKVILLE, USMOIS ' NORTH Groundwater&EnvironmcnW Services,Inc. 1050 CORPORATE BOULEVARD, SURE C.AURORA, IL 60505 E GRASS /- SCALE IN FEET DATE FIGURE 0 APPROXIMATE 150 1-10-12 8 TABLES Table 1 SOIL ANALYTICAL DATA-BTEX/MTBE Shell Service Station#116824 2001 South Bridge Street Yorkville,Illinois Tier 1 Soil Remediation Objectives for Benzene Toluene Ethylbenzene Xylenes MTBE Residential Properties (mg/kg) (mg/kg) (mg/kg) (mg/kg) (mg/kg) ngesdon-residential 12 16,000 7,800 16,000 780 ngesdon-construction worker 2,300 410,000 20,000 41,000 2,000 Inhalation-residential 0.8 650 400 320 8,800 Inhalation-construction worker 2.2 42 58 5.6 140 Soil Component of Groundwater(Class II) 0.17 29 19 150 0.32 Soil Sample Location Date Depth(feet) DB-1/DW-1 06/1272008 4 0.019 0.0031 <0.002 0.0036 0.084 DB-2/DW-2 06/12/2008 2.5 <0.002 0.0047 <0.002 0.0021 <0.002 DB-3/DW-3 06/12/2008 2.5 <0.0018 0.0045 <0.0018 <0.0018 <0.0018 DB-4/DW-4 06/12/2008 1 2.5 <0.0018 0.0051 <0.0018 <0.00184 <0.0018 DB-5/DW-5 06/12/2008 2.5 <0.0019 0.0087 <0.0019 <0.00193 <0.0019 -51)W-5. M ti <0 0023 <0-0fr2x DB-f1 06/12/2008 25 <0.0022 0 0068 -00022 0.0028 <0.0022 40.ii1123_ X0.00.'.+ 0.0033 DB-7/DW-6 03/30/2009 2 <0.0009 0.001 <0.0009 <0.0009 <0.00451 DB-8/DW-7 03/30/2009 2 <0.0009 <0.0009 <0.0009 <0.0009 <0.0044 DB-8/DW-7 03/30/2009 4 <0.0011 0.0012 <0.0011 <0.0011 <0.0056 DB-10/13W-9 11/30/2009 2 <0.0009 1 <0.0009 <0.0009 <0.0009 <0.0043 DB-11/DW-10 11/30/2009 4 <0.001 <0.001 <0.001 <0.001 <0.0049 DB-12/DW-11 11/30/2009 4 <0.0009 <0.0009 <0.0009 <0.0009 <0.0047 DB-13/DW-12 11/30/2009 4 <0.0008 <0.0008 <0.0008 <0.0008 <0.0041 NOTES: 1. mg/kg=milligrams per kilogram or parts per million(ppm) 2. <#=Not detected above analytical method detection limit 3. Shaded cells indicate soil samples were collected below static groundwater level Table 2 GROUNDWATER ANALYTICAL DATA-BTEX/MTBE Shell Service Station#116824 2001 South Bridge Street Yorkville,Illinois Der I Groundwater Remediation Objectives for the Groundwater Ingestion Benzene Toluene Ethylbenzene Xylenes WBE Exposure Routt (n8/L) (nF) (1181L) (u8/L) (OWL) Groundwater Remediadon Objective(Class 1) 5 1,000 700 10,000 70 Groundwater Renred(adon Objective(Class IV 25 2,500 1,000 10,000 70 Referenced Depth to Gromdwater Sample Location Sample Date Elevation Groundwater Elevation DW-I 06/23/2008 96.88 5.36 91.52 <1 <1 <1 <1 160 10/13/2008 96.88 5.16 91.72 <1 <1 <1 <1 163.7 02/0612009 96.88 3.50 93.38 1.269 <1 <1 <I 60.61 05/0612009 96.88 0.00 96.88 1.12 <1 <1 <1 93.2 01/04/2010 96.88 2.21 94.67 <1 <1 <1 <1 134.6 08/25/2010 96.88 1.80 95.08 <1 <1 <1 <1 15 05/18/2011 96.88 2.21 94.67 <2 Q Q Q 12 12/5/2011 96.88 2.21 94.67 NS NS NS NS NS DW-2 06/23/2008 99.01 5.05 93.96 <1 <1 <1 <1 <1 10/13/2008 99.01 6.42 92.59 <1 <1 I <1 <1 <5 02'06,'2009 99.01 5.61 93.40 <1 <1 <1 <1 <5 05/06/2009 99.01 5.21 93.80 NS NS NS NS <5 01/04/2010 99.01 4.38 94.63 NS NS NS NS NS 08/25/2010 99.01 6.32 92.69 NS NS NS NS NS 05/18/2011 99.01 4.72 94.29 NS NS NS NS NS 1215/2011 99.01 2.83 96.18 NS NS NS NS NS DW-3 06/23/2008 99.40 5.54 93.86 <1 <1 <1 <1 <1 10/13/2008 99.40 6.09 93.31 <1 <1 <1 <1 <5 02/06/2009 99.40 5.96 93.44 <1 <1 <1 <1 <5 05/06/2009 99.40 4.3 95.10 NS NS NS NS <5 01/04/2010 99.40 3.64 95.76 NS NS NS NS NS 08/25/2010 99.40 6.02 93.38 NS NS NS NS NS 05/18/2011 99.40 5.65 93.75 NS NS NS NS NS 12/5/2011 99.40 4.47 94.93 NS NS NS NS NS DW-4 06/23/2008 99.17 4.84 94.33 <1 <1 <1 <1 3.9 10/13/2008 99.17 4.77 94.4 <I <1 <1 <1 <5 02/06/2009 9917 5.51 93.66 <1 <1 <1 <1 <5 05/06/2009 99.17 2.79 96.38 NS NS NS NS <5 01/04/2010 99.17 3.44 95.73 NS NS NS NS NS 08/25/2010 99.17 3.99 95.18 NS NS NS NS NS 05/18/2011 99.17 4.03 95.14 NS NS NS NS NS 12/52011 99.17 3.85 95.32 NS NS NS NS NS DW-5 06/23/2008 99.23 5.87 93.36 <1 <1 <1 <1 610 10/13/2008 99.23 6.63 92.60 <1 <1 <1 <1 358.8 02/06/2009 99.23 6.13 93.10 <1 <1 <1 <1 115.9 05/06/2009 99.23 5.99 93.24 <1 <I <1 <1 349.3 01/04/2010 99.23 4.75 94.48 <1 <1 <1 <1 565.8 08/25/2010 99.23 6.74 92.49 <] <] <1 <1 464.9 05/18/2011 99.23 7.15 92.08 <2 <2 Q <2 460 12/5/2011 99.23 4.7 94.53 <1 <1 <1 Q 630 DW-6 05/06/2009 98.13 3.01 95.12 <1 <1 <1 <] 59.8 01/04/2009 98.13 3.05 95.08 <1 <1 <1 <1 44.19 08/25/2010 98.13 3.11 95.02 NS NS NS NS NS 05/18/2011 98.13 2.73 95.40 Q <2 Q Q 65 12/5/2011 98.13 3.19 94.94 NS NS NS NS NS DW-7 05./06/2009 99.5 5.31 94.19 <1 <1 <1 <1 10.98 01/04/2010 99.5 4.84 94.66 <1 <1 <1 <1 <5 08/25/2010 99.5 4.67 94.83 NS NS NS NS NS 05/18/2011 99.5 5.66 93.84 <2 Q <2 Q <2 12/5/2011 99.5 3.97 95.53 NS NS NS NS NS DW-8 05/06/2009 98.38 2.98 95.40 3.33 <1 77-7-77195.73 01/04/2010 98.38 NG NG Frozen 08/25/2010 98.38 3.15 95.23 <1 <1 <1 <1 88,9 05/18/2011 98.38 2.94 95.44 <2 <2 <2 <2 66 12/5/2011 98.38 3.29 95.09 <0.5 <0.5 <0.5 <1 78 DW-9 01/04/2010 96.88 2.35 94.53 <1 <1 <1 <1 31,2 08/25/2010 96.88 2.66 94.22 NS NS NS NS NS 05/18,11011 96.88 2.35 94.53 Q <2 Q <2 59 12/5/2011 96.88 2.19 94.69 NS NS NS NS NS DW-10 01/04/2010 96.09 2.85 93.24 <1 <1 <1 Q 34.4 08/25/2010 96.09 3.28 92.81 NS NS NS NS NS 05/18/2011 96.09 2.49 93.60 Q <2 12 Q 36 12/5/2011 96.09 3.12 92.97 NS NS NS NS NS DW-11 01/04/2010 97.49 3.47 94.02 <1 <1 <1 <1 <5 08/25/2010 97.49 3.82 93.67 NS NS NS NS NS 05/18/2011 97.49 3.61 93.88 <2 <2 <2 <2 <2 12/5/2011 97.49 3.55 93.94 NS NS NS NS NS DW-12 01/04/2010 101.11 5.39 95.72 <1 <1 <1 -F-<-I -F-<-5-11 08/25/2010 101.11 6.13 94.98 NS NS NS NS NS 05!18/2011 101.11 6.77 94.34 Q <2 <2 <2 <2 12/5/2011 101.11 4.24 96.87 NS NS NS NS I NS NOTES: 1,ug/L=micrograms per liter 2.NG=Not Gauged 3.NS=Not Sampled 4.<#=Not detected above the method detection limit(MDL)indicated 5.Bold values indicate concentrations above Title 35 IAC Part 742 Tier 1 Groundwater Remediation Objectives-Class 11 Groundwater Table 3 GEOTECHNICAL AND GEOCHEMICAL DATA Shell Service Station#116824 2001 South Bridge Street Yorkville,Illinois 0 •y d SOIL CHARACTERIZATION ANALYSIS o o t v p,+ O Soil Sample Location Date Depth feet cm3 % /cm3 DB-12/DW-11 11/30/09 7-8 NS 1.89 14.4 NS DB-12/DW-11 11/30/09 4 0.01508 NS NS 2.71 NOTES: 1. NS=Not Sampled 2. g/g=gram per gram 3. g/cm3=grams per cubic centimeter 4. Lab reported organic carbon content was multiplied by the Nelson and Sommers(1982)caveat of 0.58 Equilon Enterprises LLC dba Shell Oil Products US HSE/Environmental Services 603 Diehl Road, Suite 103 Naperville, Illinois 60563 Tel (630) 276.4206 Fax(713)423-0544 E-mail john_robbins @sheli.com March 26, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. jay Gaydosh Illinois Environmental Protection Agency Bureau of Land - #24 Leaking Underground Storage Tank Section Post Office Box 19276 1021 North Grand Avenue East Springfield, IL 62794-9276 RE. LPC #0930255043 - Kendall County Yorkville/Shell Service Station#116824 2001 South Bridge Street LUST Incident#20081143 LUST Technical File Dear Mr. Gaydosh: Enclosed, please find one original and one copy of the Site Iniextigalion Completion Reporl (SICK) for the above-referenced Leaking Underground Storage Tank (LUST) incident #20081143. The SICR was prepared due to the July 30, 2009, Illinois Environmental Protection agency (IEPA) Sile Inverligation Plan (SIP) approval letter. Should you have any questions or require additional information, please contact me at (630) 276-4206. Sincerely, 60t4_1 .John Robbins Project Manager HSE/Environmental Services Shell Oil Products US cc: Mehssa NI.Powell,GES,Inc. RDK Ventures Encl: SICR(2) i L-701 = jig SITE INVESTIGATION COMPLETION REPORT Shell Service Station #116824 2001 South Bridge Street Yorkville, Kendall County, Illinois LUST Incident#20081143 LPC #0430255043 Prepared For: Mr.John Robbins Project Manager Shell Oil Products US 603 Diehl Road Suite 103 Naperville, IL 60563 Prepared By: Groundwater & Environmental Services, Inc. 1050 Corporate Boulevard, Suite C Aurora, IL 60505 i n iA- --A. 1A(L-t Vw� - James Wgcobsen Melissa M. Powell Staff Geologist Senior Project Manager March 18, 2010 TABLE OF CONTENTS Section Title Egge A. SITE IDENTIFICATION.....................................................................................1 B. SITE INFORMATION..........................................................................................I C. SITE INVESTIGATION RESULTS ..................................................................1 D. SIGNATURES AND CERTIFICATION............................................................9 FIGURES Figure I Well Location Map Figure 2 Local Area Map Figure 3 Site Map Figure 4 Soil Analytical Data Map Figure 5 Groundwater Analytical Map—January 4, 2010 Figure 6 Cross-Section Location Map Figure 7 Cross-Section A-A' TABLES Table I Soil Analytical Data--BTEX/MTBE Table 2 Groundwater Analytical Data--BTEXIMTBE Table 3 Geochemical and Geotechnical Data APPENDICES Appendix A IEPA Correspondence—July 30, 2009 Appendix B Soil Analytical Laboratory Report Appendix C Soil Boring Logs/Monitoring Well Construction Diagrams Appendix D Groundwater Analytical Laboratory Report Appendix E Site Investigation Summary Form i The Agmn�outhxxmd w m*u Ilaa infamrthon ada SwEion 4 and Trle XV I d the F] i onniaUl kh•otatian Act t4I5 FIX'S 54.5 t7.57.171.Faihne to dnckme tha mfi rM"nor tmuk in a o,�il patalry of,N fo =CCCdSSII,IMMl1M1fir the riolatgn aM an addritral Civil ptmhy oftmt to ctir ulSFt1.l rH1tn7 fo—h dat +ltdlth,+ bfio�ieunn[ 1415 ILCC;,a?.,\m pnsnnis}tn 1.,�o.+inchmkF afaL,cnutaial slalom:nt or rgTz=L rl in am iabd.ttandml.seoosd.rgxrL pomrt,c,liven e,er'11-Axumrrn filed,mxontaiis$o�—1 Iw the paqprn of C1.;,4 F&n.Am,wood rn.,f+sepnurt oFnnc alto mnrKynn haamda is t Class 3 Flory•1415 Q.('S�c 17!Tins fnm has beat nppro+od by the Farms S[ansganer Ctme' Illinois Environmental Protection Agency Leaking Underground Storage Tank Program Site Investigation Completion Report A. Site Identification IEMA Incident#(6-8 digit): 20081143 IEPA LPC#(10 digit): 0930255043 Site Name: Shell Service Station#116824 Site Address (Not a PO Box): 2001 South Bridge Street City: Yorkville County: Kendall Zip Code: 60560 Leaking UST Technical File B. Site Information 1. Will the owner/operator seek reimbursement from the underground Storage Tank Fund? ®Yes ❑ No 2. Has a Site Investigation Plan been approved? ®Yes ❑No Date(s) of approval letter(s): July 30,2009(Appendix A) C. Site Investigation Results Provide the following: 1. Site History with respect to the release; Shell Service Station #116824, located at 2001 South Bridge Street, Yorkville, Kendall County, Illinois, (Subject Property) is an active petroleum retailer. Currently, the site features include two 10,000-gallon diesel underground storage tanks (USTs), two 10,000-gallon USTs, thirteen dispenser islands, and a single story station building. The Well Location Map, Local Area Map, and Site Map showing utility locations and current site features are provided as Figure 1, Figure 2, and Figure 3,respectively. On June 12,2008, Groundwater&EnvironmentaI Services, Inc. (GES), of Aurora, Illinois, oversaw the advancement of six onsite soil borings and five groundwater monitoring wells (DB-1/DW-1 through DB-5/DW-5, and DB-6) for benzene, toluene, ethylbenzene, and total xylenes (BTEX) and methyl tertiary butyl ether (MTBE) analysis according to United States Environmental Protection Agency (USEPA) Method 5035/8260B. The soil analytical laboratory data is illustrated on Figure 4 and summarized in Table 1. The soil analytical laboratory report and soil boring logs/monitoring well construction diagrams were provided in the July 30, 2008, 45-Day Report, submitted by GES. On June 23, 2008, Ziron Environmental Services, Inc. (Ziron) of Chicago Heights, Illinois, sampled monitoring wells DW-1 through DW-5. Ziron submitted the groundwater samples to Southern Petroleum Laboratories, Inc. (SPL) in Houston, Texas, for BTEX and MTBE laboratory analysis according to USEPA Method 8260B. The groundwater analytical laboratory data are summarized in Table 2 and the groundwater analytical laboratory report was provided in the July 30,2008, 45- Day Report,submitted by GES. 1 On July 29, 2008, in accordance with 35 LAC §734.210(a), Ms. Melissa Powell of GES, an environmental consultant for Shell, contacted the Illinois Emergency Management Agency(IEMA) and incident number 20081143 was assigned. On October 13, 2008, Ziron sampled monitoring wells DW-1 through DW-5. Ziron submitted the groundwater samples to Xenco Laboratories, Inc. (Xenco), of Houston, Texas, for BTEX and MTBE laboratory analysis according to USEPA Method 8260B. The groundwater analytical laboratory data are summarized in Table 2. The groundwater analytical laboratory report was provided in the May 20,2009,Amended Site Investigation Plan(ASIP), submitted by GES. On February 6, 2009, Ziron sampled monitoring wells DW-1 through DW-5. Ziron submitted groundwater samples to Xenco, for BTEX and MTBE laboratory analysis according to USEPA Method 8260B. The analytical laboratory data are summarized in Table 2 and the groundwater analytical laboratory report was provided in the May 20,2009,ASIP,submitted by GES. On March 30,2009, GES oversaw Earth Solutions, Inc. (ESI), of St. Charles,Illinois, advance three soil borings/monitoring wells (DB-7/DW-6 through DB-9/DW-8) around the UST system. The additional soil analytical laboratory data was obtained due to the February 19, 2009, Illinois Environmental Protection Agency (IEPA) correspondence that indicated early action requirements pursuant to 35 LAC §734.210(h) had not been fulfilled. Soil samples were collected according to 35 LAC 734.315(a)(1)(c) and submitted to Xenco for BTEX and MTBE analysis according to USEPA Method 5035/8260B. In accordance with 35 1A 734.210(h)(2), samples were not collected closer to the active UST system or on the other side of the piping runs. These locations were deemed impractical due to underground utilities, pea gravel backfill, and appurtenances of the UST system. Additionally, a soil sample was not collected from DB-9/DW-8 due to shallow lithology composition and groundwater. The soil analytical laboratory data are illustrated on Figure 4 and summarized in Table 1. The soil analytical laboratory report was provided in the May 20,2009,ASIP, submitted by GES. On May 6, 2009, Ziron sampled five monitoring wells (DW-I and DW-5 through DW-8). Ziron submitted groundwater samples to Xenco for BTEX and MTBE laboratory analysis according to USEPA Method 8260B. The analytical laboratory data are summarized in Table 2 and the groundwater analytical laboratory report was provided in the May 20, 2009, ASIP, submitted by GES. On November 30, 2009, GES oversaw ESI advance four soil borings/monitoring wells (DW-10/DW-9 through DB-13/DW-12) onsite and offsite. The additional soil analytical data was obtained due to the July 30, 2009, IEPA, ASIP approval correspondence. Soil samples were collected according to 35 LAC 734.315(a)(1)(c) and submitted to Xenco for BTEX and MTBE analysis according to USEPA Method 5035/826013. The soil analytical laboratory data are illustrated on Figure 4 and summarized in Table 1. The soil analytical laboratory report is provided in Appendix B and the soil boring logs/monitoring well construction diagrams are provided in Appendix C. On January 4, 2010, Ziron sampled nine monitoring wells (DW-1 and DW-5 through DW-12). Ziron submitted groundwater samples to Xenco for BTEX and MTBE laboratory analysis according to USEPA Method 8260B. The analytical laboratory data are illustrated on Figure 5 and summarized in Table 2. The groundwater analytical laboratory report is provided as Appendix D. 2 2. Site description: a) Area surrounding the site; The Subject Property is located in a mixed land-use setting on the southwest corner of West Stagecoach Trail (Illinois Route 71) and Bridge Street(Illinois Route 47). Specific adjacent land uses observed during site activities are as follows: North: The Subject Property is bounded by Stagecoach Trail (Illinois Route 71), followed by commercial properties, East: The Subject Property is bounded by Illinois Route 47, followed by commercial properties, and South: The Subject Property is bounded by commercial properties, Wert: The Subject Property is bounded by undeveloped land. The topography of the Subject Property is relatively flat with the ground surface elevation being approximately 750-feet above mean sea level. b) Local geology, hydrogeology, and hydrology; Field observations made during subsurface investigation activities indicate the geology at the Subject Property consists predominately of brown and gray clay. Specifically, boring logs indicate the Subject Property is covered by a 4-inch asphalt surface,which is underlain by 611 material to approximately 1-foot below ground surface (bgs). The fill is further underlain predominately by clay to 15-feet bgs. Copies of the soil boring logs/monitoring well construction diagrams were provided in the July 30, 2008, 45-Day Report, submitted by GES. Soil boring logs from the March 30,2009, investigation were provided in the May 20, 2009, ASIP, submitted by GES. Soil boring logs/monitoring well construction diagrams from the November 30,2009,investigation are provided in Appendix C. In addition to direct field observations of the geology at the Subject Property, GES reviewed the map entitled Potential for Contamination of Shallow Aquifers by Land Burial of Municipal Wastes (Circular 532, Plate 2), by Richard C. Berg, et. al. This map describes and maps geologic materials to a depth of 50-feet throughout the state. In the map, various geologic materials are differentiated by thickness,texture,permeability, and stratigraphic position in order to rate their relative contamination potential for aquifers in any area of the state. According to the Berg map, the Subject Property is positioned in the "132'" geologic zone, consisting of uniform and relatively impermeable silty or clayey till or other fine-grained materials extending from the surface to more than 20-feet deep, with no interbedded sand and gravel. This material has a low potential to transport impacts from near surface contamination to underlying aquifer systems. c) Local geography and topography; According to the United States Geological Survey 7.5-Minute Series Topographic Map of the Plattville, Illinois Quadrangle (1993), the Subject Property is located in the southeast quarter of Section 5,Township 36 North, Range 7 East of the Third Principal Meridian in Yorkville, Kendall County, Illinois (Figure 1). A Local Area Map is presented as Figure 2 and a Site Map with existing site features is presented as Figure 3. d) Existing and potential migration pathways and exposure routes and; On November 23, 2009, GES was onsite to document current utilities and review proposed boring locations prior to the November 30, 2009, investigation activities. During this site visit, it was determined from public and private utility mark-outs that 3 multiple underground utilities exist onsite. The utilities consist of underground electric, storm sewer, sanitary sewer, water, and communication lines. e) Current and projected post-remediation land use; Currently, the Subject Property is utilized for the sale of retail grade gasoline and diesel. The site features include two 10,000-gallon diesel fiberglass USTs, five 10,000-gallon gasoline fiberglass USTs, thirteen dispenser islands, and a single story station building. Currently, post-remedial land use is unknown. The Well Location Map, Local Area Map, and Site Map showing utility locations and current site features are provided as Figure 1, Figure 2, and Figure 3, respectively. 3. Site investigation results: Findin s—Soil Delineation The analytical laboratory data were compared to the Tier 1 soil remediation objectives (SROs) for residential properties located in 35 1A Part 742, Appendix B - Table A. It has been determined from the analytical laboratory data that the concentrations BTEX and MTBE are below the Tier 1 SROs. The soil analytical laboratory data is illustrated on Figure 4 and summarized in Table 1. The June 12, 2008, soil analytical laboratory report was provided in the July 30, 2008, 45-Day Report, submitted by GES. The March 30, 2009, soil analytical laboratory reports were provided in the May 20, 2009,ASIP, submitted by GES. A copy of the November 30,2009, soil analytical laboratory report is provided in Appendix B. Findin s--Groundwater Delineation and Class Determination The analytical laboratory data were compared to the groundwater remediation objectives (GROs) for Class 11 groundwater located in 35 IAC Part 734, Appendix B —Table E. It has been determined from the analytical laboratory data that the concentrations of MTBE at monitoring wells DW-1, DW-5, and DW-8 are above the GROs for Class Il groundwater. The January 4, 2010, groundwater analytical laboratory data are illustrated on Figure 5 and summarized in Table 2. The groundwater analytical laboratory report from the January 4, 2010, monitoring event is provided in Appendix D. Additionally, the groundwater beneath the Subject Property has been classified as Class II groundwater. The groundwater classification is based upon the following factors: • Average static groundwater levels are less than 10-feet bgs. Static groundwater elevations are illustrated on Figure 5 and summarized on Table 2. • The source of the release is not located within a minimum or maximum setback zone of a potable water supply or within a regulated recharge area. The IEPA Source Water Assessment Program (SWAP) database information was provided in the July 30, 2008, 45-Day Report, submitted by GES. • Site geology does not consist of unconsolidated sand, gravel or sand and gravel which is 5-feet or more in thickness and contains twelve percent or less of fines. The soil boring logs/monitoring well construction diagrams from the March 30, 2009, investigation were provided in the May 20, 2009,ASIP, submitted by GES. Soil boring logs/monitoring well construction diagrams from the November 30,2009, investigation are provided in Appendix C. • Site geology does not consist of sandstone or fractured carbonate that is 10-feet or more in thickness. 4 • On October 13, 2008, Ziron performed slug test on monitoring wells DW-3. The data collected during the slug test was evaluated using the Bouwer and Rice Method and the hydraulic conductivity is 8.863 x 10.6 centimeters per second (cm./sec). The hydraulic conductivity corresponds to a groundwater yield, from up to a 12-inch borehole, of 8.98-gal/day from a thickness of 15-feet or less. The borehole yield calculations were provided in the May 20,2009,ASIP, submitted by GES. Additionally, the site area has not been designated as Class III (Special Resource Groundwater), by the Illinois Pollution Control Board, and does not meet the requirements for Class IV groundwater designation. Therefore, it has been determined by the site-specific and regional geological and hydrogeological information, the Subject Property meets the criteria of Class II groundwater according to the requirements of 35 IAC §620.220. a) Map(s) showing locations of all borings and groundwater monitoring wells completed as part of site investigation and the groundwater flow direction. Please refer to Figure 3,Figure 4, and Figure 5. b) Map(s) showing the horizontal extent of soil and groundwater contamination exceeding the most stringent Tier 1 SROs and GROS. Please refer to Figure 4 and Figure 5. c) Map cross-section(s) showing the horizontal and vertical extents of soil and ground water contamination exceeding the most stringent Tier 1 SROs and GROS. Please refer to Figure 6 and Figure 7. d) Soil boring logs and monitoring well construction diagrams of all borings drilled and groundwater monitoring wells installed as part of the site investigation. The soil boring logs/monitoring well construction diagrams from the March 30, 2009, investigation were provided in the May 20, 2009, ASIP, submitted by GES. Soil boring logs/monitoring well construction diagrams from the November 30, 2009, investigation are provided in Appendix C. e) Analytical results,chain of custody forms, and laboratory certifications. The soil and groundwater analytical laboratory reports were provided in the July 30, 2008, 45-Day Report, the December 22, 2008, Site Investigation Plan (SIP), and the May 20, 2009, ASIP. The November 20, 2009, soil analytical laboratory report is provided in Appendix B and the January 4, 2010, groundwater analytical laboratory report is provided in Appendix D. f) Table comparing analytical results to the most stringent Tier 1 Remediation Objectives (include sample depth, date collected, and detection limits). Please refer to Table 1 and Table 2. g) Potable water supply well survey. a. Locations of community water supply wells and other potable wells and the setback zone for each well; It has been determined that the source of the release is not located within a well set back zone. Additionally, the potable water supply information was provided in the July 30, 2008, 45-Day Report, submitted by GES. The office identified potable wells are illustrated on Figure 1 and Figure 2. 5 b. Location and extent of regulated recharge areas and wellhead protection areas; Potable water supply information was provided in the July 30, 2008, 45-Day Report submitted by GES. C. Extent of groundwater contamination exceeding the most stringent Tier I remediation objectives; Please refer to Figure 5. d. Modeled extent of groundwater contamination exceeding the most stringent Tier l remediation objectives(If performed as part of the site investigation); Not applicable. e. Table(s) listing the setback zones for each community water supply well and other potable water supply wells; Potable water supply information was provided in the July 30,2008, 45 Day Report submitted by GES. f. A Narrative identifying each entity contacted to identify potable water supply wells, the name and title of each person contacted, and any field observations associated with any wells identified; and Potable water supply information was provided in the July 30,2008,45 Day Report submitted by GES. g. A certification from a Licensed Professional Engineer of Licensed Professional Geologist that the survey was conducted in accordance with the requirements and that documentation submitted includes information obtained as a result of the survey; Please refer to page 9 of this report. 4. Conclusion that includes an assessment of the sufficiency of the data; In order to address the onsite BTEX and MTBE concentrations exceeding the most restrictive Tier I SROs and GROs, GES has conducted an exposure pathway evaluation of the release pursuant to 35 IAC Part 742. The individual exposure pathways are the following: Soil Ingestion Exposure Pathway: Subpart G(Tier 1 Soil Evaluation) Soil Inhalation Exposure Pathway: Subpart G (Tier 1 Soil Evaluation) Soil Component of the Groundwater Ingestion Exposure Pathway: Subpart G(Tier 1 Soil Evaluation) Groundwater Component of the Groundwater Ingestion Exposure Pathway: Subpart H(Tier 1 Groundwater Evaluation) In accordance with 35 IAC §742.500, a Tier 1 evaluation was performed by comparing concentrations of constituents-of-concern (COC) detected in the soil and groundwater to remediation objectives provided in 35 IAC Part 742, Appendix B — Table A and Table E. For each COC, the controlling Tier 1 Cleanup Objective for soil and groundwater corresponds to the lowest remediation objective value for the pathway under consideration. For the purposes of this Tier 1 evaluation, concentrations representative of the source area correspond to the maximum residual concentration of each COC detected in impacted media. The results of the Tier 1 evaluation are as follows: 6 In Testion E.a osure Route Soil analytical data were compared to Tier 1 residential, commercial, and construction worker SROs for the soil ingestion exposure pathway. This comparison indicated that concentrations of BTEX and MTBE are below the Tier 1 SROs. As a result, further evaluation of this pathway is not warranted. Residential Commercial Construction Maximum Worker Worker Sample Ingestion Constituent of Soil Baring Depth Detected Cleanup ngestion Ingestion Concern Location p Concentration! p ! Cleanup Cleanup (feet) Objectives (ppm} (Ppm} Objectives Objectives m m; benzene DB-I/DW-I_l 0.019 12 100 2,300 toluene DB-5/DW-5 1 2.5 0.0087--]L 16,000 IL41 0,000 4IO,OQfl ethylbenzene J1 D13-6 2.5 <0.0022 7,8Q0 200,000 20,000 total xylenes DB-IIDW-1 1 0.0036 160,000 410,000 410,000 MTBE DB-1lDW-1 F-4--1 0.084 '7RL.J1 20,000 2,000 MOTES: ppm=parts per million=mg�Kg=milligrams per kilogram Inhalation Exposure Route Soil analytical data were compared to Tier 1 residential, commercial, and construction worker SROs for the soil inhalation exposure pathway. This comparison indicated that concentrations of BTEX and MTBE are below the Tier 1 SROs. As a result, further evaluation of this pathway is not warranted. M Ell Construction Maximum Worker Sample Constituent of Soil Boring Depth Detected Cleanup Inhalation Concern Location (feet} I Concentration Cleanup (ppm) Objectives i J -- m benzene DB-11DW-1 4 J1 0.019 0.8 1.6 2.2 toluene -5 2.5 0.0087 650 650 42 ethylbenzene DB-6 2.5 <0.0022 400 400 5$ total xylenes J DB-1iDW-1 11 4 0.0036 320 320 5.6 MTBE J1 DB-1IDW-I J�J 0.084 8,800 8,800 140 NOTES: ppm=parts pLr million=mgiKg=milligrams per kilogram Soil Component of the Groundwater Ingestion Exposure Route Soil analytical data were compared to Tier 1 SROs for the Soil Component of the Groundwater Ingestion Exposure Route (SCGIER). This comparison indicates that the concentrations of BTEX and MTBE are below the Tier 1 SROs. As a result, further evaluation of this pathway is not warranted. 7 Constituent of Soll Boring Sample Depth Maximum Detected SCGIER Cleanup Concern Location (ft) Concentration Objectives for Class II m Groundwater m benzene DB-1/DW-1 4 0.019 0.17 toluene DB-5iDW-5 2.5 0.0087 29 ethylbenzene DB-6 2.5 <0.0022 I9 total xylenes DB-l/DW-1 4 0.0036 150 MTBE DB-1/L)W; 4 L 0.084 0.32 N�i ppm=parts per million�ing1Kg=milligrams per kilogram Groundwater Ingestion Exposure Route Groundwater analytical data were compared to GROs for Class II groundwater. This comparison indicated that current concentrations of MTBE at monitoring wells DW-1, DW-5, and DW-8 are above the GROs. As a result, further evaluation of this pathway is warranted. Monitoring Constituent of Well Most Recent/Maximum GIER Cleanup Objectives for Concern Location Detected Concentration(pg/L) Class L'I Groundwater(pg1L) benzene DW-5 <1 25 toluene DW-5 <1 2,500 ethylbenzene DW-5 <1 1,000 total xylenes DW-5 <1 10,000 MTBE DW-5 565.8 70 Notes: µg/L=micrograms per liter Bold=values above the 35 1AC Part 742 Tier I SROs GIER Pathway Exclusion The GIER Pathway will be evaluated in the Corrective Action Plain (CAP). 5. Site Map(s) meeting the requirements of 35 Ili.Adm. Code 734.440. Please refer to Figure 1 through Figure 7. 6. Budget forms of actual costs (documenting actual work performed during the previous stage). The Site Investigation Summary Form is included in Appendix E. 8 D. SIGNATURES AND CERTIFICATION All plans, budgets, and reports must be signed by the owner or operator and list the owner's or operator's full name, address, and telephone number. UST Owner or Operator Consultant Name: Shell Oil Products US Name: Melissa Powell Contact: John Robbins,Project Manager p y'an Com Groundwater&Environmental Services, Inc. Address: 603 Diehl Road, Suite 103 Address: 1050 Corporate Boulevard, Suite C City: Naperville City: Aurora State: Illinois State: Illinois Zip Code: 60563 Zip Code: 60505 Signature: Signature: Date: Date: 25 fix) Phone: (6 2764206 Phone: (866)455-2419 I certify under penalty of law that all activities that are subject of this report were conducted under my supervision or were conducted under the supervision of another Licensed Professional Engineer or Licensed Professional Geologist and reviewed by me; that, this report and all attachments were prepared under my supervision; that, to the best of my knowledge and belief, the work described in this report has been completed in accordance with the Environmental Protection Act 1415 ILCS 5). 35 Ill. Adm. Code 734, and generally accepted standards and practices of my profession; and that the information presented is accurate and complete. I am aware there are significant penalties for submitting false statements or representations to the Illinois EPA, including but not limited to fines, imprisonment, or both as provided in Sections 44 and 57.17 of the Environmental Protection Act (415 ILCS 5144 and 57.17]. Licensed Professional Engineer or Geologist L.P.E. or L. P.G. Seal Name: David G.Tully, P.E. Company: Groundwater& Environmental Services, Inc. Address 1050 Corporate Boulevard, Suite C City Aurora State Illinois Zip: 60505 Phone: (866)455-2419 Ill. Registration No.: 062-053775 License Expiratio D te: 11/30/11 Signature: Date: .�f`2 3/-f C, 9 FIGURES fit; f •� I' ! ,'�vl�� .Fyc` i�' �• - ` {{'� •r JIM i I-� �fib? p • - l`l I �� ;r 11 t tfY' ,_i_.P-. t 111 ..ems �1,•�Y14.�..J� '�~ d I N I �� 7+ �� w Ij yI I L i •� r Y •• ,•S ` SITE W W ;�"�4•',.'� `� LQQ1J1;.r"�."§FJ.i.`{E �+ � ��.�( ..- W3 •r� l'� • ' � .� i� 4�f .. 5 I /yi + • —1 • , { I W}rr••' y - SS L }e` W � f �. + W j. 2500 RADIUS eF Yom. 7 . or a• • _ 1 1 it •� � L 7 I0 1 x SOURCE: USGS 7.5 MINUTE SERIES LEGEND: TOPOGRAPHIC QUADRANGLE 1993 PLATTVILLE, ILLINOIS ❑W WELL CONTOUR INTERVAL = 10' TOWNSHIP — 36N RANGE — 7E SECTION — 5 DRAFFED BY: M.L.T. WELL LOCATION MAP (N.J.) CHECKED BY: SHELL OIL PRODUCTS US SHELL SERVICE STATION SAP#118824 ILLINOIS REVIEWED BY: 2001 BRIDGE STREET YORKVILLE, ILLINOIS NORTH Groundwater&Environmental Services,Inc. (D 1050 CORPORATE BOULEVARD, SUITE C, AURORA, IL 60505 SCALE IN FEET DATE FIGURE QUADRANGLE LOCATION 0 2000 12-9-08 1 � ft II 47" SITE . WI. 7J0 F`J7•Rt•CIL'� / � 3 A� 'r t If 4430 T D+US N IACAL AREA MAP ( .J.) I CHECKED BY: SHELL OIL PRODUCTS US d n o SHELL SERVICE STATION SAP# 116824 8 t RDWOEo eY: 2001 BRIDGE STREET YORKVILLE, ILLINOIS NORTH Groundwater&Environmental Services,Inc. ' 1050 CORPORATE BOULEVARD, SUITE C,AURORA, IL 60505 SCALE IN FEET(APPROXIMATE) PATE FIGURE � 3-2-10 2 0 250 �,\Io WALGREENS LEGEND —--— PROPERTY BOUNDARY ROUTE 71) _® UTILITY MANHOLE TRAIL (ILLINOIS UNDERGROUND STORAGE TANK WEST STAGECOACH ' —PRODUCT PIPING LINE \ _ UE �� VAPOR RECOVERY LINE DITCH ��OE�-� Drtcx uE-- \' -\qlE MONITORING WELL /OrrcN �1 OBSERVATION WELL \ ) q1E\— 1 DB-13/ DB-12/1 DW-12 _ c�~0— SOIL BORING WE \ c d —�-- _ UNDERGROUND SANITARY SEWER LINE UNDERGROUND STORM SEWER LINE 1 SIGN �yr \ \ `a —T UNDERGROUND TELEPHONE LINE T~~ ~~1 DB-5 \ Ems\ \r 4 �\ \ —DE-- UNDERGROUND ELECTRIC LINE 2 —w — UNDERGROUND WATER LINE 1 1T DEfEN110N tj �/ r r\\ \\ —c—— UNDERGROUND GAS LINE POND OVERHEAD ELECTRIC DB-1 a%l/�M,.1(�`./� ok r � DW-g F !'r a 0 /DB-4� \ 0 DW-6/& �DW-Y� \/ SERVICE STATION IZZ> H qDW-2/ /3,/ \Uf / B \ g3 \ \\ / DUMPSTER �\\ '+D B-6� ti/ ENCLOSURE I �\ \ _ ' DRE.M Eer. SITE MAP a CHECKED BY: SHELL OIL PRODUCTS US SHELL SERVICE STATION SAP# 116824 REmFWFD W 2001 BRIDGE STREET YORKVILLE, ILLINOIS u NORTH Groundwater&Environmental Services,Inc. f 1050 CORPORATE BOULEVARD, SUITE C,AURORA, IL 60505 ffLOIL COMPANY SCALE IN FEET DATE FIGURE HOUSTON TX MAR 18 1994 0 APPROXIMATE 60 3-8-10 3 11-30-09 4' 11-30-091 DB-1 DW-1 B <O.00i 4 11-30-09 r '0.001 B <0 0005 4' LEGEND E '0.001 WALGREENS T mJ 0009 B '0.0008 X '0.001 E <0.000�T i '0.0018 ---- PROPERTY BOUNDARY MTBE'0.0059 x <U.r�[10-9 E '0.0008 MTBE<R.O„s7 x '0.0008 Q UTILITY MANHOLE ILLINOIS ROUTE 71) MTBE <D.1o4, TRAIL ( 1 __T UNDERGROUND STORAGE TANK STAG OACH -PRODUCT PIPING LINE WEST DnCN 6 12 2008 -VAPOR RECOVERY LINE B 2.5' S MONITORING WELL l C"C" T 0.00317 OBSERVATION WELL DITCH J pW_Z/ E <0.0019 SOIL BORING DW-11 MTBE <D.0o1s DB-4 SAMPLE IDENTIFICATION _ 6/12/2008 SAMPLE DATE -11 2.5' SAMPLE DEPTH (feet) 0" 2 8 B '0.0018 BENZENE CONCENTRATION (mg/kg) SIGN \ U1 0.0051 TOLUENE CONCENTRATION DB-5/ r� <_t�;r E '0.0018 ETHYLBENZENE CONCENTRATION (mg/kg) DW_5 O ,'z,' x '0.0184 XYLENES CONCENTRATION (mg/kg) 11-30-09 >. ``-� M1BE'0.0018 MTBE CONCENTRATION (mg/kg) \t DETENTION l e 2D.DP�B 1 POND 1 ^ T J-�f3 mg/kg MILLIGRAMS PER KILOGRAM <p.1MR ti 1� �/O � \ \ MTBE METHYL tart-BUM ETHER x 10.0008 r? _/ °�/ �. <# WHERE AN ANALYTE IS NOT DETECTED, Mr+9E[0.0043 "^ ;,° DDB-6 /v�� O \ t.-+. A METHOD DETECTION LIMIT IS GIVEN 1 DDW_9 / J°-�� O F \ r ® SOIL SAMPLES WERE COLLECTED BELOW 6 12 2008 _ �Qppp� lMJ � STATIC GROUNDWATER LEVEL VJii ` "'fir O \ B 0.019 ,(M� T OA031 ii'a oiiQ'w�' / DW 4 "' \. O X C.0036 E '0.002 i� iiQ i O MTBE 0.084 DB-7/ ' \� D 8 \ DW-6 A° \ 3 3o Zoos �/ SERVICE B <D.0009 1 STATION r 0.111 p �j E <O.aOO9 / x <D.oaaD a m 3 30 2009 3 30 2009 / 2' 4' \ O Q \ B .009 6 ' T ''0.001009 T 0.0 00.0011 12 \ O B-3/ E <O.DOO9 E <0.% �1N_3 NOTE: MTBE<0.0044 MTBE<0.0056 \ / DuMPSrER � DUE TO SHALLOW LITHOLOGY AND GROUNDWATER A \ ENCLOSURE SOIL SAMPLE COULD NOT BE COLLECTED AT THE '6 DB-6` LOCATION OF DB-9/DW-8. 6/32/2006 2 2008 \ i AKE)BY: ' DRE.M.E. SOIL ANALYTICAL DATA MAP B '0 2<0 002 \ (N.J.) . T 0.0047 ' CHECKED BY; SHELL OIL PRODUCTS US Sf9 E 1<0.012 DB-6 DB-4 DW-4 x 0.0021 6/12/2008 8 - W-3 6/12/2008 SHELL SERVICE STATION SAP# 118824 ' TBEI <0.002 2 5' 6/12/2008 2.5' R"EWE aY 2001 BRIDGE STREET s B <o.0022 < 0 2.5' B <O.001a YOREVILLE, ILLINOIS T 0.0068 T . 2 B '0.0018 T 0.0057 E <0.0022 .0 3 T o.o04s E <11101 a Groundwater&Environmental Services,Inc. f x 0.0028 < 0 E <0.0018 x '0.0184 NORTH 1050 CORPORATE BOULEVARD, SUITE C,AURORA, IL 60505 MTBE'0.0022 T 2 x <O.00tB MTeE '0.0019 SCALE IN FEET DATE FIGURE SHS ELL OIL COMPANY !ATBE <0.0018 HOUSO TX MAR 18 1994 0 APPROXIMATE 60 3-8-10 4 DW-11 G.® 1-4-10 9402 LEGEND WALGREENS B <t DW-12 <1 T-4-10 E <1 95.72 —--— PROPERTY BOUNDARY x <1 e <1 Q UTILITY MANHOLE ROUTE 71) MBE <5 <1 TRAIL (ILLINOIS E UNDERGROUND STORAGE TANK STAGECOACH x <' WEST o N MTBE <5 PRODUCT PIPING LINE �+ a ° DrrcN l VAPOR RECOVERY LINE ITCH No / B MONITORING WELL OBSERVATION WELL C DITCH I DW-12 DW-5 WELL IDENTIFICATION \ d 1-4-10 SAMPLED DATE 1 4-10 — — � DW-g 94.48 GROUNDWATER ELEVATION (feet) OW-11 1-4-10 / 93.24 txj 94 48 B <1 BENZENE CONCENTRATION (ug L) B <1 T <t TOLUENE CONCENTRATION (ug/L) T <1 OW-10 IN e < E <1 ETHYLBENZENE CONCENTRATION (ug/L) E <I E~~ E <1 x <1 XYLENES CONCENTRATION (u /L) x <i �t Yc `� X <t MTBE 565.8 MTBE CONCENTRATION (ug/L� MTBE 34.4 t oLNnoN �oG DW_5 Q `p MTBE 565.8 ug/L MICROGRAMS PER LITER ' POND "iTF,p ^ MTBE METHYL teft-BUTYL ETHER 11 2 FOy, / r o,,E / � <�/ WHERE AN ANALYfE IS NOT DETECTED, A METHOD DETECTION LIMIT IS GIVEN 1-4-10 - �' DW-8 oN/v�� O O\ \ ��.,, DW-4 �--�� GROUNDWATER CONTOUR (feet) DASHED WHERE INFERRED P�� 0,.,._ \ 1-4-10 e <1 W-9 rr'L "2' 'C 585.8 BOLD VALUES INDICATE THE CONCENTRATIONS �pW- rr 4 l 95.73 E <t / \ �, NS ARE TNES TIER 1 GROUNDWATER REMEDIATION X <1 \ � rrr rJ�r O OM O rr rir NG NOT GAUGED MTBE 31.2 rr rr rr,,��,, DW-4 it rirQr`r� / LIZ NS NOT SAMPLED T W-I 1-4-10 DW-6 ' DW-7� It w 94.67 \ M RVICE 0 T <� ` STATION MO x <1 / MTBE 134.6 DW-6 y .� 1-4-10 OW-21 95.08 \ M \ T O <1 DW-8 \ � O / > E <1 1-4-10 NG NG \� / /DW-3 NOTE: X <1 MTBE 44.19 NS \ / / DUMPSTER MONITORING WELL DW-6 WAS NOT USED TO ENCLOSURE ' DETERMINE GROUNDWATER FLOW DIRECTION. DW-2 2 \ -4-10 ® _ DRAFED 11 E.M GROUNDWATER ANALYTICAL MAP . 94.63 DW-7 \ ' (N.JE..) JANUARY 4, 2010 CHECKED BY: SHELL OIL PRODUCTS US SHELL SERVICE STATION SAP# 116824 <1 7_5E w 75 o. 2001 BRIDGE STREET o NNI YORKVILLE, ILLINOIS NORTH Groundwater&Environmental Services,Inc. 1050 CORPORATE BOULEVARD, SUITE C,AURORA, IL 60505. SOURCE SOIL COMPANY SCALE IN FEET DATE FlGURE MAR 18N1 94 � 3-8-10 .� D APPROXIMATE 60 _(Dr WALGREENS LEGEND ----— PROPERTY BOUNDARY ROUTE 71 OM UTILITY MANHOLE TRAIL (ILLINOIS <__ UNDERGROUND STORAGE TANK \ WEST STAGECOACH — c \ rV PRODUCT PIPING LINE \� °C—'_DITCK VAPOR RECOVERY LINE ve—�O _\mW. MONITORING WELL " \ wa C DITCH ) � � p1E � � DO-13 1p OBSERVATION WELL \ + x_12/ DW-12 SOIL BORING ORE \ DW-11 A /c UNDERGROUND SANITARY SEWER LINE c \ \ '� —s—- UNDERGROUND STORM SEWER LINE SIGN �r r \`f —T UNDERGROUND TELEPHONE LINE DB-5� `4 r \r w '�\ \ —UE—— UNDERGROUND ELECTRIC LINE \t t DW- / \ r\\ ®' \+ ` —W — UNDERGROUND WATER LINE T \i DETENTION tt �/ r r\\ —0-- UNDERGROUND GAS LINE OKE — OVERHEAD ELECTRIC rj of / u V DD-9 V DW-6 DB \ DW-9 /D -4// Q \\\\ \1\\ O \ 'er DB-7/,& DW-6 / t SERVICE t \� STATION \ W-Y 4,, OUMPSTER \ \\ \*D i/ ENCLOSURE ' �\ r v ® DRAFTED BY: EA CROSS—SECTION LOCATION MAP CHECKED BY: SHELL OIL PRODUCTS US SHELL SERVICE STATION SAP# 116824 REVIEWED B. 2001 BRIDGE STREET YORKVILLE, ILLINOIS e' NORTH Groundwater&Environmental Services,Inc. g 1050 CORPORATE BOULEVARD, SUITE C,AURORA, IL 60505 SHELL OL COMPANY SCALE IN FEET DATE FlGURE HOUSTON % MAR 18 1994 6 0 APPROXIMATE 60 3-8-10 M N 3 Q= 3 A N 00 M n LEGEND m ml m i /`1 p ° ° ° GRASS o p RISER .45f'FGNG � � SCREENED INTERVAL v0 —BORE HOLE 2 0 2 ------ INFERRED LITHOLOGIC INTERFACE ———— STATIC WATER LEVEL (JANUARY 4, 2010) 4 4 ® ASPHALT ® CLAY 6 6 SANDY CLAY CCAV °�0 GRAVEL lb w w �. TOPSOIL 8 g h $ W W O O i 3 10 10 12 12 14 14 oRE M E. CROSS—SECTION A—A' (N.J.) CHECKED EY: SHELL OIL PRODUCTS US _ - - - SHELL SERVICE STATION SAP# 116924 R" RD BY: 2001 BRIDGE STREET 16 _ - _ - - 16 YOREVILLE, MUNOIS u Groundwater&Environmental Services,Inc. f 0 40 80 120 160 200 240 280 320 1050 CORPORATE BOULEVARD, SUITE C,AURORA, IL 60505 HORIZONTAL DISTANCE (feet) SCALE IN FEET DATE FIGURE HORIZONTAL 1" = 40' 3-5-10 7 VERTICAL 1"= 2' rahle 1 SOIL ANALYTICAL DATA-BTEXIMTBE Shell Service Station#116824 2001 Bridge Street Yorkville, Illinois Tier 1 Soil Remediation Objectives For Benzene Toluene Etbylbenzene Xylenes MTBE Residential Pro ertles (mvko (mg1g) (mgl]tg) (inglitg) (mg/kg) Ingestion-residential 12 16,000 7,800 16,000 780 Ingestion-construction worker 2,300 410,000 20,000 41,000 2,000 Inhalation-residential 0.8 650 400 320 8.800 Inhalation-construction worker 2.2 42 58 5.6 140 Soil Component or Groundwater(Class lI 0.17 29 19 150 0.32 Sol]Sample Location Date Depth (rev _ DB-1/DW-1 06/12/2008 4 0.019 0.0031 <0.002 0.0036 0.084 DB-2/DW-2 06%12!2008 2.5 <0.002 0.0047 <0.002 0.0021 <0.002 DB-3/DW-3 06/12/2008 2.5 <0.0018 0.0045 <0.0018 <0.0018 <0.0018 DB-4/DW-4 06112/2008 2.5 <0.0018 0.0051 <0.0018 <0.00184 <0.0018 DB-5/DW-5 06/12/2008 2.5 <0.0019 0.0087 <0.0019 <0.00193 <0.0019 D13-6 06/12/2008 2.5 <0.0022 0.0068 <0.0022 0.0028 <0.0022 _ arm - DB-7/DW-6 03/30/2009 1 2 1 <0.0009 1 0.001 -<OA049 <0.0009 00.0045 DB-8/DW-7 03/30/2009 2 <0.0009 <0.0009 <0.0009 <0.0009 <0.0044 DB-8/DW-7 03/30/2009 4 <0.0011 0.0012 <0.001I <0.0011 <0.0056 D13-10/DW-9 11/30/2009 2 <0.0009 <0,0009 <0.0009 <0.0009 <0.0043 DB-IIIDW-10 11/30/2009 4 <0.001 <0.001 <0.001 <0.001 <0.0049 DB-121DW-11 11/3012009 4 <0.0009 <0.0009 <0.0009 <0.0009 <0.0047 DB-13/DW-12 11/30/2009 4 <0.0008 <0.0008 <0.0008 <0.0008 <0.0041 NOTES: 1. mg/kg-milligrams per kilogram or pans per million(ppm) 2. ur= Not detected above anal}iical method detection limit 3. Sbaded cells indicate soil samples were collected below static groundwater level Table 1 GROUNDWATER ANALYTICAL DATA-BTEXIMTBE Shell Service Station#116824 2001 Bridge Street Yorkville,Illinois Tier 1 Groundwater Remediation Objectives for the Groundwater Ingestion Benzene Toluene Ethylbenzene Xylenes'MTB Exposure Route _ _ (u_9Q (u$/L) (uPW (USIL) (uP/L) Groundwater Remediation. jective Class 11 25 2,500 1,000 10,000 70 Referenced Depth to Groundwater - Sample Loeatlon _Sample Date_ Elevation Groundwater Elevation _ DW-1 06/23/2008 96.88 5.36 91.52 <1 <l <l <1 160 1013/2008 96.88 5.16 91.72 <1 <1 <1 <1 163.7 02/06/2009 96.88 3.50 93.38 1.269 <) <1 <1 60.61 05/06/2009 96.88 0.00 96.88 1.12 <1 <I <1 93.2 01/04/2010 96.88 2.21 94.67 <I <1 <I <1 134.6 DW-2 06/232008 99.01 5.05 93.96 <1 <I <I <I <1 14/13/2008 99.01 6.42 92.59 <I <I <I <1 <5 02/06/2009 99,01 5.61 93.40 <1 <I <1 <1 <5 45/06/2009 99.01 5.21 93.80 NS NS NS NS <5 0110412010 99.01 4.38 94.63 NS NS NS NS NS DW-3 06/23/2008 99.40 5.54 93.86 <1 <l <1 <1 <1 10/13/2008 99.40 6.09 93.31 <1 <1 <1 <1 <5 02/4612009 99.40 5.96 93.44 <I <1 <I <1 <5 05/06/2009 99.40 4.3 95.10 NS NS NS NS <5 01!0412010 99.40 3.64 95.76 NS NS NS NS NS DW-4 06/23/2008 99.17 4.84 94.33 <I <I <l <1 3.9 10113/2008 99.17 4.77 94.4 <1 <1 <1 <1 <5 02/06/2009 99.17 5.51 93.66 <1 <I <1 <1 <5 05/06/2009 99.17 2.79 96.38 NS NS NS NS <5 01/04/2010 99.17 3.44 95.73 NS NS NS NS NS DW-5 06/23/2008 99.23 5.87 93.36 <1 <1 <I <1 610 10/13,'2408 99.23 6.63 92.60 <1 <1 <I <1 358.8 02/06/2009 99.23 6.13 93.10 <1 <I <l <I 115.9 45/06/2009 99.23 5.99 93.24 <1 <1 <1 <1 349.3 01/04/2009 99.23 4.75 94.48 <1 <1 <I <1 565.8 DW-6 05/06/2009 98.13 3.41 95.12 <1 <1 <1 <) 59.8 01/04/2009 98.13 3.45 95.08 <1 <1 <1 <1 44.19 DW-7 05/0612009 99.5 5.31 94.19 <1 <1 <1 <1 10.98 01/04/2010 99.5 4.84 94.66 <1 <1 <1 <1 <5 DW-8 05/06/2009 98.38 2.98 95.40 3.33 <1 <1 <1 90.73 01/04/2014 98.38 NG ND Frozen DW-9 01/04/2010 96.88 2.35 94.53 <1 <1 <1 <1 31.2 DW-10 01/0412010 96.09 2.85 93.24 <1 <1 <] <1 34.4 DW-11 01/04/2010 97.49 3.47 94.02 <1 <1 <1 <1 <5 DW-12 01/0412010 101.11 5.39 95.72 71 <I <1 <1 <5 NOTE 1, ug/L micrograms per liter 2. ND=not detected 2. NS=not sampled 2 <te=Not detected above the method detection limit(h1DL)indicated 4. Bold values indicate concentrations above Title 35 1AC Part 742 Tier 1 Groundwater Remediation Objectives-Class 11 Groundwater Table.i GEOCHEMICAL AND GEOTECHNICAL DATA Shell Service Station#116824 2001 South Bridge Street Yorkville,Illinois i m T� e A o SOIL CHARACTEMATION ANALYSIS A x m Cd m a L i n o al O Soil Sample Location Date Depth(feet) m cml % ems DB-121DW-i1 11/30/09 7-8 NS NS 1.89 14.4 NS DB-12/DW-Il 11/30/09 4 15,080 NS NS N5 2.71 NOTES: I. ft=feet below ground surface 2. NS=not sampled 3. mg/kg=milligrams per kilogram 4. Wcm' grains per cubic centimeter Equilon Enterprises LLC dba Shell Oil Products US HSE/Environmental Services 603 Diehl Road, Suite 103 Naperville, Illinois 60563 Tel (630) 276 4206 Fax(713) 4230544 E-mail john.robbi nsQshell.com May 20,2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED I11r..)av Gaydosh Illinois Environmental Protection Agency Bureau of Land Leaking Underground Storage Tank Section - #24 Post Office Box 19276 1021 North Grand Avenue East Springfield, Illinois 62794-9276 Re: LPC#0930255043—Kendall County Yorkville/Shell Service Station #116824 2001 South Bridge Street LUST Incident#20081143 LUST Technical File Dear Mr. Gaydosh: Enclosed, please find the original and one copy of the Illinois Environmental Protection Agency (IEPA) Amended Site Investigation Plan (SIP) for the above-referenced incident. The Amended SIP was prepared in response to the February 19, 2009, IEPA SIP Rejection Letter. IEPA rejected the SIP citing early action reporting as defined in 35 Illinois Administrative Code (IAC) �M4.210(h) was not completed. On March 30,2009, additional onsite exploratory activities were completed around the underground storage tank (UST) system to fulfill early action reporting. 'llie summary- and data documenting this additional investigation are presented herein. Additionally, the 45-Day Report Forms have also provided for your review. 71le Stage 3 Proposed Budget and Budget Certification Form have been included for your review and approval. The Stage 1 and Stage 2 Actual Budget and Budget Certification Forms will be submitted under a separate cover letter to your attention. If you have any questions or need additional information, please contact me at (630) 276-4206. Sincerely, ohn Robbins Project Manager I-ISB/Environmental Services Shell Oil Products LIS Ce: Ms.Ylclissa M.11rnYC11,(�1"S,Inc. 1:11d Amended Site Investigation Plan&Budget r.7 .r 3 J WqA11 AMENDED SITE INVESTIGATION PLAN & BUDGET Shell Service Station #116824 2001 Bridge Street Yorkville, Kendall County, Illinois LUST Incident#20081143 LPC #0930255043 Prepared For: Mr.John Robbins Project Manager Shell Oil Products US 603 Diehl Road Suite 103 Naperville, IL 60563 Prepared By: Groundwater & Environmental Services, Inc. 1050 Corporate Boulevard, Suite C Aurora, IL 60505 w James M. Jacobsen Melissa M. Powell Staff Geologist Senior Project Manager May 20, 2009 TABLE OF CONTENTS Section Title Page A. SITE IDENTIFICATION.........................................................................1 B. SITE INFORMATION..............................................................................1 C. SITE INVESTIGATI ON...........................................................................1 D. SIGNATURES............................................................................................9 FIGURES Figure 1 Well Location Map Figure 2 Local Area Map Figure 3 Site Map Figure 4 Soil Analytical Data Map Figure 5 Groundwater Analytical Map—February 6, 2009 Figure 6 Proposed Soil Boring/Monitoring Well Location Map TABLES Table 1 Soil Analytical Data—BTEX/MTBE Table 2 Groundwater Analytical Data—BTEXIMTBE APPENDICES Appendix A Groundwater Laboratory Analytical Report Appendix B IEPA Correspondence—February 19, 2009 Appendix C Soil Laboratory Analytical Report Appendix D Soil Boring Logs/Monitoring Well Construction Diagrams Appendix E Hydraulic Conductivity and Borehole Yield Calculations Appendix F Site Investigation Summary Form/Certification Form Appendix G Stage 3 Proposed Budget Appendix H 45-Day Report Form i The Agcocw c authorized to,equ ;thrs mfamatron under Sectim 4 and Title XVl of the Emirmlmasal Pros—on All 1415 ILLS 5 4,t 57-57 17)Failure to ddclose this inforntalim mac result tam ci%d Ica,iIn of—L to.,r1 X5-1.a iI i W,fa the%iolalion grid On addatmal cad pwhy of not to mceed$100111 III)fm ach day during which the violation cottlmues 141;TICS S 42?Am�pa-mho knoningh nukes a false material sutemcat a representation in am label.manifest,record,r pool,puma,a liceruc,m other document filed.tntt r'%aj,,od.v ,,,I for 1W p,,p,4 compLan..,h Tide XVI commits a ('In%4 feline.And second a stdisoload offrnseafler concicrim hacvnder 4a C 1�,,t felony 4419 M'S t 57 171 Thu form has been mpprmed try the Forms ttanaca .--*t(' nr Illinois Environmental Protection Agency Leaking Underground,Storage Tank Program Site Investigation Plan A. Site Identification IEMA Incident#(6-8 digit): 20081143 IEPA LPC#(10 digit): 0430255043 Site Name: Shell Service Station#116824 Site Address(Not a PO Box): 2001 Bridge Street City: Yorkville County: Kendall Zip Code: 60560 B. Site Information 1. Will the owner/operator seek reimbursement from the Underground Storage Tank Fund? ®Yes ❑ No 2. If seeking reimbursement,is the budget attached? ®Yes ❑ No C.Site Investigation Provide the following: 1. Stage of investigation a. Stage 2 ❑ b. Stage 3 2. Summary of Stage 1 ® or 2❑ site investigation activities; 3. Characterization of site and surrounding area: a. Current and projected post-remediation uses; Shell Service Station #116824 is an active service station that is utilized for the sale of retail grade gasoline. Currently, the site features include two 10,000-gallon diesel underground storage tanks (USTs), five 10,000-gallon USTs, thirteen dispenser islands, and a single story station building. The Well Location Map, Local Area Map, and Site Map showing utility locations and current site features are provided as Figure 1, Figure 2, and Figure 3, respectively. The Subject Property is expected to remain a gasoline service station upon completion of the remedial activities. b. Physical setting: i. Environmental conditions; Groundwater & Environmental Services, Inc. (GES) was contracted by Shell Oil Products US (Shell) to provide oversight of an exploratory soil and groundwater investigation consisting of six soil borings and five monitoring wells (DB-1/DW-1 through DB-5/DW-5, and DB-6), at Shell Service Station#116824, located at 2001 Bridge Stieet,Yorkville,Kendall County, Illinois(Subject Property). On June 12, 2008, GES oversaw the advancement of six onsite soil borings and five groundwater monitoring wells (DB-I/DW-1 through DB-5/DW-5, and DB-6). The soil laboratory analytical data is illustrated on Figure 4 and summarized on Table 1. The soil laboratory analytical report and soil boring log/monitoring well 1 construction diagrams were provided in the July 30, 2008, 45-Dav Report, submitted by GES. On June 23, 2008, Ziron Environmental Services, Inc. (Ziron) of Chicago Heights, Illinois, sampled monitoring wells DW-1 through DW-5. Ziron submitted the groundwater samples to Southern Petroleum Laboratories, Inc. (SPL) in Houston, Texas, for benzene, toluene, ethylbenzene, and total xylenes (BTEX) and methyl- tertiary butyl ether (MTBE) laboratory analysis according to United States Environmental Protection Agency (USEPA) Method 8260B. The groundwater laboratory analytical data is summarized on Table 2. The groundwater laboratory analytical report was provided in the July 30, 2008, 45-Day Report, submitted by GES. In accordance with IAC §734.210(a), Ms. Melissa Powell of GES, an environmental consultant for Shell, contacted the Illinois Emergency Management Agency(IEMA)on July 29, 2008 and incident number 20081143 was assigned. On October 13, 2008, Ziron sampled monitoring wells DW-I through DW-5. Ziron submitted the groundwater samples to Xenco Laboratories, Inc. (Xenco) in Houston, Texas, for BTEX and MTBE laboratory analyses according to USEPA Method 8260B. The groundwater laboratory results are summarized on Table 2. The groundwater laboratory analytical report is provided in Appendix A. On February 6, 2009, Ziron sampled monitoring wells DW-1 through DW-5. Ziron submitted the groundwater samples to Xenco, for BTEX and MBTE laboratory analyses according to USEPA Method 8260B. The laboratory analytical results are illustrated on Figure 5 and summarized on Table 2. The groundwater laboratory analytical report is provided in Appendix A. On March 30, 2009, GES oversaw Earth Solutions, Inc. (Earth Solutions), of St.Charles, Illinois, advance three soil borings DB-7/DW-6 through DB-9/DW-8 around the UST system. The additional soil analytical data was obtained due to the February 19,2009, Illinois Environmental Protection Agency (IEPA), correspondence, which indicated early action requirements pursuant to 35 IAC §734.210(h) had not been fulfilled (Appendix B). Soil samples were collected according to 35 IAC §734.315(a)(1)(c) and submitted to Xenco, for BTEX and MTBE analysis. In accordance with 35 IAC §734.210(h)(2), samples were not collected closer to the active UST system or on the other side of the piping runs. These locations are impractical due to underground utilities, pea gravel backfill, and appurtenances of the UST system. Additionally, a soil sample was not collected from DB-91DW-8 due to shallow lithology composition and groundwater. The soil analytical data is illustrated on Figure 4 and summarized on Table 1, The soil laboratory analytical report is provided in Appendix C. The groundwater laboratory analytical results indicate that the concentrations of contaminants of concern (COC) are above the Tier I groundwater remediation objectives (GROs). The source of the release is unknown; however, it is believed to be from small, undocumented overfills of the underground storage tank (UST) system. "Early Action' requirements of 35 IAC §734.210 have been fulfilled. 2 ii. Geologic, hydrogeologic, and hydrologic conditions; and Based on information obtained during the soil investigation activities performed for this report, the native soils underlying the Subject Property consist of predominately brown and gray clay. Specifically, boring logs indicate the Subject Property is covered by a 4-inch asphalt surface, which is underlain by fill material to approximately l-foot below ground surface (bgs). The fill is further underlain by brown and gray clay to at least 15-feet bgs. Copies of the soil boring logs/monitoring well construction diagrams were provided in the July 30, 2008, 45-Day Report, submitted by GES. Soil boring logs from the March 30, 2009, investigation are provided in Appendix D. In addition to direct field observations of the geology at the Subject Property, GES reviewed the map entitled Potential,for Contamination of Shallow AquilLms by Land Burial ql' Municipal Wastes (Circular 532, Plate 2), by Richard C. Berg,cat. al. This map describes and maps geologic materials to a depth of 50-feet throughout the state. In the map, various geologic materials are differentiated by thickness, texture, permeability, and stratigraphic position in order to rate their relative contamination potential for aquifers in any area of the state. According to the Berg Map, the Subject Property is positioned in the "D2" geologic zone, consisting of uniform, relatively impermeable silty or clayey till or other fine-grained materials extending from the surface to more than 20-feet deep, with no interbedded sand and gravel. This material has a low potential to transport impacts from near surface contamination to underlying aquifer systems. Additionally, the groundwater beneath the site has been classified as Class II groundwater. The groundwater classification is based upon the following factors: • Average static groundwater levels are less than 10-feet bgs. Static groundwater elevations are illustrated on Figure 5 and summarized on Table 2. • The source of the release is not located within a minimum or maximum setback zone of a potable water supply or within a regulated recharge area. The IEPA Source Water Assessment Program (SWAP) well information was provided in the July 30,2008,45-Dnv Report,submitted by GES. • Site geology does not consist of unconsolidated sand, gravel or sand and gravel which is 5-feet or more in thickness and that contains twelve percent or less of fines. Soil boring logs/monitoring well construction diagrams were provided in the July 30, 2008, 45-Day Report, submitted by GES. Soil boring logs from the March 30, 2009, investigation are provided in Appendix D. • Site geology does not consist of sandstone or fractured carbonate that is 10-feet or more in thickness. • On October 13, 2008, Ziron performed a slug test on monitoring well DW-3. The data collected during the slug test was evaluated using the Bouwer and Rice (1976) Method, and the calculations were conducted utilizing AgtesolvR software developed by HydroSOLVE. The hydraulic conductivity for monitoring well DW-3 is 8.863 x 10'6 centimeters per second (cm/s); which, corresponds to a groundwater yield from up to a 12-inch borehole of 8.98 gallons per day (gal/day) from a thickness of 3 15-feet or less. Therefore, the hydraulic conductivity is not greater than 1 x 104 cm/s and the groundwater yield is not greater than 150-gal/day. Copies of the hydraulic conductivity and groundwater yield calculations are provided in Appendix E. Based upon the aforementioned site-specific and regional geological and hydrogeological information, the Subject Property tweets the criteria of Class II groundwater according to the requirements of 35 IAC §620.220. Additionally, the site area has not been designated as Class III (Special Resource Groundwater), by the Illinois Pollution Control Board, and does not meet the requirements of Class IV groundwater designation. iii. Geographic and topographic conditions; According to the United States Geological Survey 7.5-Minute Series Topographic Map of the Plattville, Illinois Quadrangle (1993), the Subject Property is located in the southeast quarter of Section 5, Township 36 North, Range 7 East of the Third Principal Meridian in Yorkville,Kendall County, Illinois(Figure 1). A Local Area Map is presented as Figure 2 and a Site Map with existing site features is presented as Figure 3. The Subject Property is located in a mixed use setting. Specific adjacent land uses observed during site activities are as follows: North: The Subject Property is bounded by Stagecoach Trail (Illinois Route 71), followed by commercial properties, South: The Subject Property is bounded by commercial properties, East: The Subject Property is bounded by Illinois Route 47, followed by commercial properties, and West: The Subject Property is bounded by undeveloped land. The topography of the Subject Property is relatively flat with the ground surface elevation being approximately 750-feet above mean sea level. 4. Results of Stage 1 or 2 site investigation: a. Map(s) showing locations of all borings and groundwater monitoring wells completed to date and groundwater flow direction; Please refer to Figure 3 through Figure 5. b. Map(s)showing locations of all samples collected; Please refer to Figure 3. C. Map(s)showing extents of soil and groundwater contamination that exceeds the most stringent Tier 1 remediation objectives; Please refer to Figure 4 and Figure 5. 4 d. Cross-section(s)showing the geology and the horizontal and vertical extents of soil and groundwater contamination that exceeds the most stringent Tier 1 remediation objectives; Cross-section maps will be provided upon completion of the site investigation activities. e. Analytical results,chain of custody forms,and laboratory certifications; The June 12, 2008, soil and the June 23, 2008, groundwater laboratory analytical reports were provided in the July 30,2008, 45-Day Report submitted by GES. The October 13, 2008, and the February 6, 2009, groundwater laboratory analytical reports are provided in Appendix A. f. Table(s)comparing analytical results to the most stringent Tier 1 remediation objectives(include sample depth,date collected, and detection limits); The soil and groundwater laboratory analytical results are summarized on Table 1 and Table 2,respectively. g. Potable water supply well survey(unless provided in previous plan): i. Map(s)to scale showing: a. (Locations of community water supply wells and other potable wells and the setback zone for each well ;) It has been determined that the source of the release is not located within a well set back zone. Additionally,the potable water supply information was provided in the July 30, 2008, 45-Day Report submitted by GES. The office identified potable wells are illustrated on Figure 1 and Figure 2. b. (Location and extent of regulated recharge areas and wellhead protection areas;) This information was provided in the July 30,2008, 45-Day Report submitted by GES. The office identified potable wells are illustrated on Figure 1 and Figure 2. C. (Extent of groundwater contamination exceeding the most stringent Tier 1 remediation objectives ;) The extent of groundwater impacts are still being investigated. The groundwater analytical data from the February 6, 2009, sampling event is illustrated on Figure 5. The groundwater analytical data is summarized in Table 2. The groundwater laboratory analytical reports from the October 13, 2008, and the February 6, 2009, sampling events are provided in Appendix A. d. (Modeled extent of groundwater contamination exceeding the most stringent Tier 1 remediation objectives - if performed as part of the site investigation) Not applicable. 5 ii. Table(s) listing the setback zones for each community water supply well and other potable water supply wells: In accordance with 35 IAC §734.445(a), GES conducted a well search that included a 2,500-foot radius around the Subject Property, in order to determine the locations of wells potentially affected by the release. Specifically, GES searched the Source Water Assessment Program (SWAP) database. The report is a collection of the Illinois State Geological Survey (ISGS) and the Illinois State Water Survey (ISWS) online databases. The results of these inquiries were presented in the July 30,2008, 45-Dav Report,submitted by GES. iii. A Narrative identifying each entity contacted to identify potable water supply wells,the name and title of each person contacted, and any field observations associated with any wells identified; and The results of potable water supply well inquiries were presented in the July 30, 2008, 45-Mary Report submitted by GES. If, during completion of proposed field activities, a potable well(s) is/are identified, it will be documented and that information will be provided to the IEPA in future correspondences. iv. A certification from a Licensed Professional Engineer of Licensed Professional Geologist that the survey was conducted in accordance with the requirements and that documentation submitted includes information obtained as a result of the survey; Please refer to page 9 of this document. h. Soil boring logs and monitoring well construction diagrams; The soil boring logs and monitoring well construction diagrams from the June 12,2008, early action activities were provided in the July 30, 2008, 45-Day Report submitted by GES. Soil boring logs from the March 30, 2009, additional field activities are provided in Appendix D. i. Proposal for determining the following parameters: i. Hydraulic conductivity(K); On October 13, 2008, Ziron performed a slug test on monitoring well DW-3. The data collected during the slug test was evaluated using the Bouwer and Rice (1976) Method, and the calculations were conducted utilizing AgtesolvR software developed by HydroSOLVE. The hydraulic conductivity for monitoring well DW-3 is 8.863 x 10"' centimeter per second. The hydraulic conductivity calculations are provided in Appendix B. U. Soil bulk density(p,,); This parameter will be collected during proposed future site investigations. iii. Soil particle density(q); This parameter will be collected during proposed future site investigations. iv. Moisture content(w); and This parameter will be collected during proposed future site investigations. 6 V. Organic carbon contents (Fogy); and This parameter will be collected during proposed future site investigations. j. Site Investigation Summary Form. Please refer to Appendix F for the Site Investigation Summary Form and Stage I Certification Form. A copy of the Stage 3 Proposed Budget is provided in Appendix G. 5. Stage 2 or 3 sampling plan; a. Description of and justification for additional activities proposed as part of the plan; The laboratory analytical results from the June 12, 2008, and the March 30, 2009, soil investigations indicated concentrations of BTEX and MTBE below the Tier I SROs. The laboratory analytical results from the May 6, 2009, groundwater monitoring events indicated elevated concentrations of MTBE DWA, DW-5, DW-6,DW-7, and DW-8; therefore, further delineation is required. Four additional soil borings/monitoring wells (DB-IOIDW-9 through DB-13/DW-12) are proposed to be advancedlinstalled to determine the extent of groundwater impacts. The new monitoring wells will be developed by bailing approximately 10-water column volumes prior to sampling. Upon recharge, all wells will be gauged and purged three to five water column volumes and then sampled utilizing disposable polyethylene bailers. The groundwater samples will be collected utilizing laboratory preserved containers and submitted to Xenco for analysis according to USEPA Method 8260B. b. A map depicting locations of proposed borings and groundwater monitoring wells; and The proposed borings and monitoring wells are illustrated on Figure 6. C. Depth of borings/wells and construction details of proposed borings and wells; #of soil Soil Proposed #of Well Boring Depth Geotechnical Geotechnical samples for Laboratory Construction Methods Chemical Chemical Location Samples Analysis Analysis installation Soil Bulk DB-1 O/DW-9 I5-feet bgs 2 Density& I F" direct-push Soil Particle Densit direct-push/ 1313-11/DW-10 15-tectbgs NA NA NA NA I-inch monitoring well direct-push/ DB-120W-1 l 15-feet bgs NA NA NA NA I-inch monitoring well direct-push/ DB-131DW-12 15-feet bgs NA NA NA NA 1-inch monitoring well 6. Site maps meeting the requirements of 35 Ill.Adm.Code 734.440 Please refer to Figure 1 through Figure 6. 7 D. Signatures All Plans, budgets, and reports must be signed by the owner or operator and list the owner's or operator's full name, address. and telephone number. UST Owner or Operator Consultant John Robbins for Groundwater& Environmental Name: Shell Oil Products US Company: Services, Inc. Contact: Project Manager Contact: Melissa Powell Address: 603 Diehl Road, Suite 103 Address: 1050 Corporate Blvd, Suite C City: Naperville City: Aurora State: Illinois State: Illinois Zip Code: 60565 Zip Code: 60505 Phone: (630)2764206 Phone: (866)455-2419 Signature: 13aU Signature: Date: , Date: s 2o d I certify under penalty of law that all activities that are the subject of this plan were conducted under my supervision or were conducted under the supervision of another Licensed Professional Engineer or Licensed Professional Geologist and reviewed by me, that this plan and all attachments were prepared under my supervision; that, to the best of my knowledge and belief, the work described in this plan has been completed in accordance with the Environmental Protection Act [415 ILCS5], 35 Ill. Adm. Code 731, 732 or 734, and generally accepted standards and practices of my profession; and that the information presented is accurate and complete. I am aware there are significant penalties for submitting false statements or representations to the Illinois EPA, including but not limited to fines, imprisonment, or both as provided in Sections 44 and 57.17 or the Environmental Protection Act [415 ILCS 5144 and 57.17]. Licensed Professional Engineer or Geologist L.P.E. or L.P.G. Seal Name: David G.Tully, P.E. Finn: Groundwater&Environmental Services, Inc. Address: 1050 Corporate Blvd, Suite C City Aurora State: Illinois Zip Code: 60505 Phone: (866)455-2419 111. Registration No.: 062-053775 License Expiration D e:j 11/30/09 Signature: Date: 8 FIGURES Or 05 Islip, t Y it 1 r ru oil y i?'B �,, I ,� _ S ! 1 °:.. °'�Iii -'�� ' '�x "l',. F�•�,. y -� L W W •� . —W W �^ 'r W 'I.5 y SITE rr* w1 :l 0 ' {` I ...IIAdEi$ r 1 �1 Y-- W zL Um W 1-W�°'•t'W 1 '� ,'„ ,. ` . •c_ 4.:. .~ ! i�7 j 250Q RADIUS tirsbo i ,...'� � a Mr 1 i I 1+� � + _� ,.• i�'1 jai�I � L:!F".tit-'!, di 1 f a't � ').�� {.' ' •.-h t,,` �� y�!`'rT Y �'f �, �- � "-F'�j ^r^, RJR.. SOURCE: USGS 7.5 MINUTE SERIES LEGEND: TOPOGRAPHIC QUADRANGLE 1993 PLATTVILLE, ILLINOIS QW WELL CONTOUR INTERVAL = 10' TOWNSHIP - 36N RANGE - 7E SECTION - 5 DRAFTED BY: M.L.T. WELL LOCATION MAP (N.J.) CHECKED BY: SHELL OIL PRODUCTS US SHELL SERVICE STATION SAP#116624 ILLINOIS REVIEWED BY: 2001 BRIDGE STREET YORIMLLE, ILLINOIS NORTH Groundwater&Environmental Services,Inc. 1050 CORPORATE BOULEVARD, SUITE C, AURORA, IL 60505 SCALE IN FEET DATE FIGURE 12-9-08 QUADRANGLE LOCAnON 0 2000 • WELL-OFFICE VEV71PoE0 � t A' - M s 7`1 1 � c+ s e e � � • ` ' WL7.. LOCAL AREA MAP •. D C to! SHELL OIL PRODUCTS US SHELL SERVICE STATION SAP# 116824 2001 BRIDGE STREET • YOREVILLE, IIJINOIS ` t • " , NORTH Groundwater&Environmental Services,Inc. 1050 CORPORATE BOULEVARD, SUITE C, AURORA, IL�,.5,)l SCALE IN FEET DATE FIGURE 5-1-09 2 `M 0 APPROXIMATEM WALGREENS LEGEND ———— PROPERTY BOUNDARY ® UTILITY MANHOLE ILLINOIS ROUTE 79) —p — PRODUCT PIPING LINE TRAIL ( VAPOR RECOVERY LINE WEST STAGECOACH Dix a MONITORING WELL OBSERVATION WELL D� \\I ONE SOIL BORING \ Drtcx HE aN� -jam c c—- —s —— UNDERGROUND SANITARY SEWER LINE c b UNDERGROUND STORM SEWER LINE • c c \ —T UNDERGROUND TELEPHONE LINE OKE � UE - - r r UNDERGROUND ELECTRIC LINE 2rtil SIGN \ \ UNDERGROUND WATER LINE \i 2 ow- e� % r\ '\\r f \ - u— UNDERGROUND GAS LINE \4 DErEND N t \r\ r - OVERHEAD ELECTRIC t POND tl ry 1 / \ DW-8 a ij Q lz ��qqqg r Q�j� \ r DB-444� DW- \ SERVICE s STATION 1 va DB-z/ / Q DW-21 Y; \ \ Q DW_3 \�\ \ / DUMPSTER \\ \+DB'6_1 / y/ ENCLOSURE ' '\ DRAFTED BY: M.L.T. SITE MAP \ ' (N.J.) CHECKED BY. SHELL OIL PRODUCTS US \' SHELL SERVICE STATION SAP# 116824 REVIEWED EY: 2001 BRIDGE STREET YORKVILLE, ILLINOIS NORTH Groundwater&Environmental Services,Inc. 1050 CORPORATE BOULEVARD, SUITE C, AURORA, IL 60505 S411BCE; SCALE IN FEET GATE FIGURE SHELL OIL COMPANY HOUSTON TX MAR 18 1994 5—I-09 0 APPROXIMATE 60 -5 DB-5 6/12 z008 6/12/2008 LEGEND WALGREENS 2.5' 6' 'Q.00I9 B 1.053 9023 ---- PROPERTY BOUNDARY 0.001 T 00<O.00t9 E .1102,3 Q UTILITY MANHOLE ROUTE 71) 10.00193 X .0523 PRODUCT PIPING LINE r� TRAIL (ILLINOIS 1FTBE <p.Od l9 MTBE GECOA�n - VAPOR RECOVERY LINE WEST STA DITCH B MONITORING WELL DITCH SOIL WELL SOIL BORING DITCH DB-5 SAMPLE IDENTIFICATION 6/12/2008 SAMPLE DATE \ 6' SAMPLE DEPTH (feet) � e 10.0023 BENZENE CONCENTRATION (mg/kg T 10.0023 TOLUENE CONCENTRATION E 10.0523 ETHY.ENZENE CONCENTRATION (mg/kg) SIGN x <0.0023 XYLENES CONCENTRATION (mg/kg) \lr~ �W 5/ \ a MTBE 0.053 MTBE CONCENTRATION (mg/kg) 5 i \ mg/kg MILLIGRAMS PER KILOGRAM �t DETENTION POND 1? MTBE METHYL tert-BUTYL ETHER 1 <# WHERE AN ANALYTE 15 NOT DETECTED, A METHOD DETECTION LIMIT IS GIVEN O DB-1 r DB-9/ 6/12/2008 �. °° �Dyy_g /e� \ ,� 0603' � �� pDW_4� O X 0.003fi \ MTBE 0.084 (.fl DB-7 DW-6 V-7 3/30/2009 A\� SERVICE 2' STATION O a 8 10.0009 0.001 E <0.0009 X <0.0009 MTBE 10.0045 4� DB-8 D8-8 DB-2/ os / \ 3/30/2009 3 30 2009 \ OW ah 0 2 4 e <o.0009 e <o.aon 0 T 10.0009 T 0.0012 E 10.0009 E 10.0011 OW-3/ NOTE' x <o.000D x 10.0011 / DUE TO SHALLOW LITHOLOGY AND GROUNDWATER A M"BE<0.0044 MTBE <0.0056. \ DUMPSTET2 pB� ENCLOSURE SOIL SAMPLE COULD NOT BE COLLECTED AT THE DB-2 \/ LOCATION OF DB-9/DW-8. DMFrED 9Y; 6 12 2008 \ \ / (N�) SOIL ANALYTICAL DATA MAP e 04647 ' cHLCrcLD BY: SHELL OIL PRODUCTS US E <D-002 DB-6 DB-6 �� DB-4 SHELL SERVICE STATION SAP 116824 x 0.0031 6/12/2008 6 12 2008 DB-3 !612 d #MTBE <0.002 2.5' s' 6 12 2008 enEwED 8r 2001 BRIDGE STREET 10.022 e 1000'3 2.5' YORKVM, ILLINOIS T 0.0068 T <0.0023 B 109018 E 10.0022 E 60.0023 T 0.0045 Groundwater&Environmental Services,Inc. o a92R 0o23 E <0.3018 NORTH 1050 CORPORATE BOULEVARD, SUITE C, AURORA. IL 60505 MTBE<0.0022 MTBE<0.0023 x <0.0018 SHELL OIL COMPANY MTae <Oa01a SCALE IN FEET DATE FIGURE HOUSTON Tx 5 4 MAR 18 1994 o APPROXIMATE so DW-5 �® 5-6-09 3324 LEGEND WALGREENS a <1 T <1 —--— PROPERTY BOUNDARY x <� ® UTIUTY MANHOLE ROUTE 71) MTBE 349.3 ILLINOIS PRODUCT PIPING LINE 5 TAGECOACH TRAIL (ILLINOIS RECOVERY LINE WEST DrTCH MONITORING WELL OBSERVATION WELL DRCN tt DW-5 WELL IDENTIFICATION DITCH — 5-6-09 SAMPLED DATE 93.24 GROUNDWATER ELEVATION (feet) — \ b B I <1 BENZENE CONCENTRATION (ug/L) C7 T <1 TOLUENE CONCENTRATION (ug/L) E <1 ETHYLBENZENE CONCENTRATION (ug/L) DW-8 pp x <1 XYLENES CONCENTRATION (u /L) 5-6-09 SIGN 9'- .,y0 MTBE 349.3 MTBE CONCENTRATION (ug/L� 95.4C ice~ ti1tt AOp �1-,� ug/L MICROGRAMS PER LITER 8 3.33 �? -5 `J MTBE METHYL tent-BUTYL ETHER 9 E �� ;2 DETENTION t gr+�p WHERE AN ANALYTE IS NOT DETECTED, x <1 t pp 'Esj MTEE 90.73 A METHOD DETECTION LIMIT IS GIVEN ` t O Gay GROUNDWATER CONTOUR (feet) ry r v �,�- �Q 955p ��✓ DASHED WHERE INFERRED DW-a i O \ 349.3 BOLD VALUES INDICATE THE CONCENTRATIONS DW-1 v j/ / 0 r ARE ABOVE TIER 1 GROUNDWATER REMEDIATION 5-6-09 , ? O �Of \ OBJECTIVES 96.88 I 1.12 E <i I <.93.Z p ul ME DW-6 A W-7 / M SERVIC O STATI rot MO �3 DW-6 5-6-09 Q 95.12 B <1 F� T <1 E <1 DW-2 X <1 \ MTBE 59.8 �DW-3 NOTE. DW-7 5-6-09 \ / DUM MONITORING WELLS DW-1, DW-6 AND DW-8 94.19 \ ENCLO RE WERE NOT USED TO DETERMINE GROUNDWATER B <1 FLOW. pW_2 T DRAFTED a': GROUNDWATER ANALYTICAL NAP E <1 93.80 M.L.T. MTBE 1098 NS \ (N.J.) MAY 6, 2009 I DW-4 CHECKED BY: SHELL OIL PRODUCTS US \/ SHELL SERVICE STATION SAP# 116824 RE OED 3Y: 2001 BRIDGE STREET DW-3 9510 YORKVILLE, MUNOIS NS Groundwater&Environmental Services,Inc. NORTH 1050 CORPORATE BOULEVARD, SUITE C,AURORA, IL 60505 SHS ELL OIL COMPANY SCALE IN FEET DATE FIGURE HOUSTON TX MAR 19 1994 5-18-09 5 0 APPROXIMATE 60 Q=—.o WALGREENS LEGEND —--— PROPERTY BOUNDARY 7.7 0 UTILITY MANHOLE TRAIL (ILLINOIS ROUTE 71) PRODUCT PIPING LINE r�7 T STAGECOACH VAPOR RECOVERY LINE \ YP ES 1 a ortcx di MONITORING WELL OBSERVATION WELL Ab Drrcx s \\� GHC m'¢ SOIL BORING Dlrcx DB-13/DW-12 D_.,�,D—_ —ss—— UNDERGROUND SANITARY SEWER LINE y m¢ Gn \DB-12/DW-11 \ (D G G G d —sr—— UNDERGROUND STORM SEWER LINE aE® \ —r — UNDERGROUND TELEPHONE LINE 01�' N DB-i l/DW SIGN G/ GE—— UNDERGROUND ELECTRIC LINE w SIGN \ �'� \� \ \ a —w — UNDERGROUND WATER LINE t� ti ti L D8 G—— UNDERGROUND GAS LINE r MENTION POND , \r \il oxo aNE — OVERHEAD ELECTRIC ® PROPOSED MONITORING WELL r DB-9/ r O \ DW-8 \r �r r �DII 10/DW-9��llW-1/ `z g 0 \ DB_7/& 4,DB-8 DW-6 `z°� DW SERVICE v 4, 1 \\ STATION / %` •3 \ B-3/, \� DUMPSTER / ENCLOSURE ' '\ DRAFTED BY: I M.L.T. PROPOSED MONITORING WELL LOCATION MAP \ ' (N.J.) CHECKED BY. SHELL OIL PRODUCTS US \/ SHELL SERVICE STATION SAP# 116624 RFAEWED By 2001 BRIDGE STREET YORKVILLE, ILUNOIS NORTH Groundwater&Environmental Services,Inc. „�UR 1050 CORPORATE BOULEVARD, SUITE C. AURORA IL 60505 SQu9 CF OIL 'O' SCALE IN FEET DATE FlGURE HousroN Tx MAR 18 1994 1 5-16-09 0 APPROXIMATE 60 Table I SOIL ANALYTICAL DATA-BTEXIMTBE Shell Service Station 9116824 2001 Bridge Street Yorkville,Illinois Tier 1 Soil Remediation Objectives for Benzene Toluene Ethylbenzene Xylenes M'IBE Residential Properties (mg/kg) (mglkg) (mg/kg) (mg/kg) (mWkg) Ingestion-residential 12 16,000 7,800 16.000 780 Ingestion-construction worker 2,300 410,000 20,000 41,000 2,000 Inhalation-residential 0.8 650 400 320 8,800 Inhalation-construction worker 2.2 42 58 5.6 140 Soil Component of Groundwater(Class 11) 0.17 29 19 150 0.32 Soil Sample Location Date De th ft DB-11DW-1 06/12/2008 4-feet 0.019 0.0031 <0.002 0.0036 0.084 DB-2/DW-2 06/12/2008 2.5-feet <0.002 0.0047 <0.002 0.0021 <0.002 DB-3/DW-3 06/12/2008 2.5-fret <0.0018 0.0045 <0.0018 <0.0018 <0.0018 DB4/DW-4 06112/2008 2.5-feet <0.0018 0.0051 <0.0018 <0.00184 <0.0018 DB-5/DW-5 06/12/2008 2.5-feet <0.0019 0.0087 <0.0019 <0.00193 00.0019 D13-5/DW-5 06/1212008 6-feel <0.0023 <0.0023 <0.0023 <0.0023 0.053 DB-6 06112/2008 2.5-feel <0.0022 0.0068 <0.0022 0.0028 <0.0022 D13-6 06112/2008 6-feet <0.0023 <0.0023 1 <0.0023 <0.0023 <0.0023 DB-7 03130/2009 2-rem <0.0009 0.001 <0.0009 <0.0009 <0.0045 D13-8 03/3012009 2-Ret <0.0009 <0.0009 1 00.0009 <0.0009 1 <0.0044 DB-8 03130/2009 4-f"-t <0.0011 0.0012 <0.00II <0.001I <0.0056 NOTES: 1. mAg-milligrams per kilogram or parts per million(ppm) 2. 11 I'M 3. NS=Not Sampled 4. <n=Not detected above analytical method detection limit 5. -- no toxicity criteria available For the route ofexposure 6. Bold values indicate concentmlions above Title 35 LAC Pan 742 Tier I Soil Remediation Objectives-Class 11 Groundwater Table 2 GROUNDWATER ANALYTICAL DATA-BTEXIMTBE Shell Service Station##116824 2001 Bridge Street Yorkville,Illinois Tier 1 Groundwater Remediation Objectives for the Groundwater Ingestion Benzene Toluene Ethylbertxene Xylenes MTB Exposure Route OWL) OWL) OWL) (uglL) OWL) Groundwater Remediation Ob'ective Class II 25 2.500 1,000 10,000 70 Rererenced Depth to Groundwater Sample Location Sample Date Elevatlon Groundwater -Elevation DW-1 06.123/2008 96.88 5.36 91.52 <1 <1 <I <1 160 10/1312008 96.58 5.16 91.72 <1 <1 <I <1 163.7 02106/2009 96.88 3.50 93.38 1.269 <1 <I <1 60.61 05/0612009 96.88 0.00 96.88 1.12 <I <I <1 93.2 DW-2 06/23/2008 99.01 5.05 93.96 <1 <1 <1 <1 <1 10/1312008 99,01 6.42 92.59 <1 <] <l <1 <5 02106/2009 99.01 5.61 93.40 <1 <1 <I <1 <5 05/06/2009 99.01 5.21 93.80 NS NS NS NS NS DW-3 06/23/2008 99.40 5.54 93.86 <I <1 <1 <1 <1 10/13/2008 99.40 6.09 93.31 <I <1 <1 <1 <5 02/06/2009 99.40 5.96 93.44 <1 <1 <1 <1 <5 05106/2009 99.40 4.3 95.10 NS NS NS NS NS DW-4 06/23/2008 99.17 4.84 94.33 <1 <1 <1 <1 3.9 10/13/2008 99.17 4.77 94.4 <I <I <1 <1 <5 02!06/2009 99.17 5.51 93.66 <I <I <1 <1 <5 05/06/2009 99.17 2.79 9638 NS NS NS NS NS DW-5 0612312005 99.23 5.87 9336 <1 <1 <1 <1 610 10,13/2008 99.23 6.63 92.60 <I <I <1 <1 358.8 02/06/2009 99,23 6.13 93.10 <I <I <1 <1 115.9 05/06/2009 99.23 5.99 93.24 <I <I <I <1 349.3 DNV-6 05/06'2009 98.13 101 95.12 <I <1 <1 <1 59.8 DW-7 05/06/2009 99.5 5.31 94.19 <I <I <1 <1 10.98 DW-8 05!0612009 98,38 2.98 95.40 1 3.33 <1 <I <1 90.73 NOTES: 1. ug/L-micrograms per liter '_. Dry-Indicates[hat the well was dry 3. NG not gauged 4. NS=Not Sampled 5. -:no toxicity criteria available for the route orexposure 6. <n Not detected above the method detection limit{ht DO indicated 7. Bold values indicate concentrations above'i'itle 35 IAC Pan 742 Tier I Groundwater Remediation Objectives-Class II Groundwater 0 CIP Reviewed By: Agenda Item Number J� $ 06 Legal El NB, #2 Finance ❑ ESL -� 1836 Engineer ■ -_� City Administrator E] Tracking Number .4 City y Human Resources El� wn sw _© Community Development ❑ PW 2012-50 � Police F-1 Public Works ❑ Agenda Item Summary Memo Title: Safe Routes to School (SRTS) Meeting and Date: PW Committee— September 18, 2012 Synopsis: Joint and Phase III Agreement Consideration Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Consideration of Approval Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: Memorandum To: Bart Olson, City Administrator EST. _ 1836 From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. <C Ec° Lisa Pickering, Deputy City Clerk Date: August 29, 2012 Subject: Safe Routes to School Background The purpose of this memo is to provide an update on the project as well as introduce copies of the proposed IDOT Joint Agreement and the Phase III Engineering Agreement. The general work items and their associated status/schedules are listed below: • Public Meeting Held on July 24, 2012 • Phase II Engineering Final plans submitted for review/approval • Bid Letting November 2012 • Construction Start June 2013 • Construction Complete August 2013 As noted above, we have received the IDOT Joint Agreement for review. The agreement specifies the funding for the project, which is capped at $280,000. The proposed funding is to be used for both the construction and construction engineering phases of the project. Also attached is our Phase III Engineering Agreement for review and consideration. Our anticipated costs for Phase III Engineering fall within the proposed funding levels. It is typical (and preferred by IDOT) of State/Federal funded projects to consider approval of both the agreements at the same time. Proposed Action At this time, we ask that the City Council consider approving both the IDOT Joint Agreement and the Phase III Engineering Agreement. If you have any questions or require additional information,please let us know. Ends Department Local Agency State Contract Day Labor Local Contract RR Force Account �t1 of Transportation City of Yorkville x Local Agency Agreement Section Fund Type ITEP Number for Federal Participation 10-00040-00-SW SRTS Construction En in ering Right-of-Way Job Number Project Number Job Number Project Number Job Number Project Number C-40-069-09 SRTS-4009(010) This Agreement is made and entered into between the above local agency hereinafter referred to as the"LA"and the state of Illinois, acting by and through its Department of Transportation, hereinafter referred to as"STATE". The STATE and LA jointly propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans approved by the STATE and the STATE's policies and procedures approved and/or required by the Federal Highway Administration hereinafter referred to as"FHWA". Location Local Name Various Route Length 5,992 ft Termini various Current Jurisdiction City of Yorkville Existing Structure No Project Description Project consists of earth excavation, aggregate base course installation, PCC sidewalk construction, PCC and HMA driveway removal and replacement, pavement striping, restoration in order to construct, replace or repair sidewalks; install,enhance or repair crosswalks. Division of Cost Type of Work FHWA % STATE % LA % Total Participating Construction 243,490 t t { j ( BAL ) 243,490 Non-Participating Construction Preliminary Engineering ( ) { } ( r Construction Engineering 36.510 f 1 { } ( ? 36,510 Right of Way { 1 ( ) ( ? Railroads t 7 + ? ( 1 Utilities ( y ( ) ( 1 Materials TOTAL $ 280,000 $ $ $ 280,000 *100% SRTS funding NTE 280,000. NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursment. If funding is not a percentage of the total,place an asterisk in the space provided for the percentage and explain above. The Federal share of construction engineering may not exceed 15%of the Federal share of the final construction cost. Local Agency Appropriation By execution of this Agreement,the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and additional funds will be appropriated, if required,to cover the LA's total cost. Method of Financing (State Contract Work) METHOD A---Lump Sum (80%of LA Obligation) METHOD B--- Monthly Payments of METHOD C---LA's Share Balance divided by estimated total cost multiplied by actual proqress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) Printed on 8/29/2012 Page 1 of 5 BLR 05310(01/06/12) Agreement Provisions THE LA AGREES: (1) To acquire in its name,or in the name of the state if on the state highway system, all right-of-way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established state policies and procedures. Prior to advertising for bids,the LA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any,will be cooperatively determined by representatives of the LA, and STATE and the FHWA, if required. (2) To provide for all utility adjustments, and to regulate the use of the right-of-way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems. (3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement. (4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, an addendum is required. (5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and FHWA,the completed improvement, or that portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above. (6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. (7) 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 department; and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department; 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. (8) To provide if required,for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of the proposed improvement. (9) To comply with Federal requirements or possibly lose(partial or total) Federal participation as determined by the FHWA. (10) (State Contracts Only) That the method of payment designated on page one will be as follows: Method A- Lump Sum Payment. Upon award of the contract for this improvement,the LA will pay to the STATE, in lump sum, an amount equal to 80%of the LA's estimated obligation incurred under this Agreement, and will pay to the STATE the remainder of the LA's obligation (including any nonparticipating costs)in a lump sum, upon completion of the project based upon final costs. Method B- Monthly Payments. Upon award of the contract for this improvement,the LA will pay to the STATE, a specified amount each month for an estimated period of months,or until 80%of the LA's estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LA's obligation(including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method C- Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement,the LA will pay to the STATE, an amount equal to the LA's share of the construction cost divided by the estimated total cost, multiplied by the actual payment(appropriately adjusted for nonparticipating costs) made to the contractor until the entire obligation incurred under this Agreement has been paid. (11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding,equipment, labor, material and services necessary to construct the complete project. (12) (Preliminary Engineering) In the event that right-of-way acquisition for,or actual construction of the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which this agreement is executed,the LA will repay the STATE any Federal funds received under the terms of this Agreement. (13) (Right-of-Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which this Agreement is executed,the LA will repay the STATE any Federal Funds received under the terms of this Agreement. Printed on 8/29/2012 Page 2 of 5 BLR 05310(01/06/12) (14) (Railroad Related Work Only) The estimates and general layout plans for at-grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation, 2300 South Dirksen Parkway, Springfield, Illinois,62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission(ICC). Final inspection for railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the [CC for review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the IDOT's District Bureau of Operations. The LA is responsible for the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets office. Engineer's Payment Estimates in accordance with the Division of Cost on page one. (15) And certifies to the best of its knowledge and belief its officials: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public(Federal, State or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, bribery, falsification or destruction of records, making false statements receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State, local)with commission of any of the offenses enumerated in item(b)of this certification;and (d) have not within a three-year period preceding the Agreement had one or more public transactions(Federal, State, local) terminated for cause or default. (16) To include the certifications, listed in item 15 above and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. (17) (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (18) That for agreements exceeding$100,000 in federal funds, execution of this Agreement constitutes the LA's certification that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress or an employee of a Member of Congress, in connection with this Federal contract, grant, loan or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions; (c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. (19) To regulate parking and traffic in accordance with the approved project report. (20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes. (21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes. (22) That the LA may invoice the STATE monthly for the FHWA and/or STATE share of the costs incurred for this phase of the improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment, certified time sheets, vendor invoices,vendor receipts,and other documentation supporting the requested reimbursement amount. (23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed$1,000,000(five years if the project costs exceed$1,000,000). (24) Upon completion of this phase of the improvement,the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the improvement,the most recent invoice may be considered the final invoice and the obligation of the funds closed. Printed on 8/29/2012 Page 3 of 5 BLR 05310(01/06/12) (25) (Single Audit Requirements) That if the LA expends$500,000 or more a year in federal financial assistance they shall have an audit made in accordance with the Office of Management and Budget(OMB)Circular No.A-133. LA's that expend less than $500,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE with 30 days after the completion of the audit, but no later than one year after the end of the LA's fiscal year. The CFDA number for all highway planning and construction activities is 20.205. (26) That the LA is required to register with the Central Contractor Registration (CCR),which is a web-enabled government-wide application that collects,validates, stores, and disseminates business information about the federal government's trading partners in support of the contract award and the electronic payment processes. If you do not have a CCR number, you must register at httos://www.bpn.gov/ccr. If the LA, as a sub-recipient of a federal funding, receives an amount equal to or greater than$25,000 (or which equals or exceeds that amount by addition of subsequent funds),this agreement is subject to the following award terms: http://edocket.access.gpo.gov/2010/pdf/2010-22705.pdf and http://edocket.access.qpo.gov/2010/pdf/2010-22706.pdf. THE STATE AGREES: (1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LA's certification of compliance with Titles II and III requirements. (2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE(and FHWA, if required)and to award a contract for construction of the proposed improvement, after receipt of a satisfactory bid. (3) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and Engineer's Payment Estimates in accordance with the Division of Cost on page one. (4) (Local Contracts) That for agreements with Federal and/or State funds in engineering, right-of-way, utility work and/or construction work: (a) To reimburse the LA for the Federal and/or State share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payment by the LA; (b) To provide independent assurance sampling,to furnish off-site material inspection and testing at sources normally visited by STATE inspectors of steel, cement,aggregate,structural steel and other materials customarily tested by the STATE. IT IS MUTUALLY AGREED: (1) Construction of the project will utilize domestic steel as required by Section 106.01 of the current edition of the Standard Specifications for Road and Bridge Construction. (2) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal-aid participation or the contract covering the construction work contemplated herein is not awarded within three years of the date of execution of this Agreement. (3) This Agreement shall be binding upon the parties,their successors and assigns. (3) For contracts awarded by the LA, the LA shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any USDOT—assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT—assisted contracts. The LA's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in 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.C. 3801 et seq.). In the absence of a USDOT—approved LA DBE Program or on State awarded contracts, this Agreement shall be administered under the provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program. (4) In cases where the STATE is reimbursing the LA, obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year,the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein. (5) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or amendment shall be subject to the Prevailing Wage Act(820 ILCS 130/0.01 et seq.) unless the provisions of that Act exempt its application Printed on 8/29/2012 Page 4 of 5 BLR 05310(01/06/12) ADDENDA Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement. Number 1 Location Map . (Insert addendum numbers and titles as applicable) The LA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement and all exhibits indicated above. APPROVED APPROVED Local Agency State of Illinois Department of Transportation Name of Official (Print or Type Name) Ann L.Schneider,Secretary of Transportation Date By: Title (County Board Chairperson/MayorNillage President/etc.) (Delegate's Signature) (Delegate's Name-Printed) (Signature) Date The above signature certifies the agency's TIN number is William R.Frey,Interim Director of Highways/Chief Engineer Date conducting business as a Governmental Entity. DUNS Number Ellen J.Schanzle-Haskins,Chief Counsel Date Matthew R.Hughes,Director of Finance and Administration Date NOTE: If signature is by an APPOINTED official,a resolution authorizing said appointed official to execute this agreement is required. Printed on 8/29/2012 Page 5 of 5 BLR 05310(01/06/12) Local Agency Consultant United City of Yorkville L Ilfinois Department Engineering Enterprises, Inc. 0 &of Transportation C County C 0 Address Kendall A N 52 Wheeler Road Section L S City Q-QQQ40-QQ-,9W U Sugar Grove Project No. A Construction Engineering L State Services Agreement IL Job No. E For Zip Code C-40"069-09 Federal Participation A Contact Name/Phone/E-mail Address N N Contact Name/Phone/E-mail Address Bart Olson C T Jason Bauer/630-466-6745 bolson(aDyorkville.il.us Y jbauer @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 described herein. Federal-aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of Transportation(STATE)will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS. WHEREVER IN THIS AGREEMENT the following terms are used,they shall be interpreted to mean: Regional Engineer Regional Engineer, Department of Transportation Resident Engineer LA Employee directly responsible for construction of the PROJECT Contractor Company or Companies to which the construction contract was awarded Project Description Name Safe Routes to School Route N/A Length 5,992 ft Structure No. N/A Termini Morgan St.(Washington to Heustis). State St. (Beecher to Washington), Mill St.(Illini to Orange),Orange St.(Adrian to Main) Adrian St., (Blaine to Washington), Dolph St- (Adrian to Main)and Washington St.(Morgan to Main) Description: Sidewalk installation and periodic removal and replacement of deteriorated sidewalk. Minor ditch grading,culvert repair, driveway removal and replacement, signage, striping and restoration and all other ancillary work items as required to facilitate the installation of the new sidewalk. Agreement Provisions I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance of the engineering services for the LA, in connection with the PROJECT hereinbefore described and checked below: ® a. Proportion concrete according to applicable STATE Bureau of Materials and Physical Research (BMPR)Quality Control/Quality Assurance(QC/QA)training documents or contract requirements and obtain samples and perform testing as noted below. ® b. Proportion hot mix asphalt according to applicable STATE BMPR QC/QA training documents and obtain samples and perform testing as noted below. c. For soils,to obtain samples and perform testing as noted below. ❑ d. For aggregates,to obtain samples and perform testing as noted below. NOTE: For 1a.through 1d.the ENGINEER is to obtain samples for testing according to the STATE BMPR"Project Procedures Guide",or as indicated in the specifications,or as attached herein by the LA;test according to the STATE BMPR"Manual of Test Procedures for Materials", submit STATE BMPR inspection reports;and verify compliance with contract specifications. [] e. Inspection of all materials when inspection is not provided at the sources by the STATE BMPR, and submit inspection reports to the LA and the STATE in accordance with the STATE BMPR"Project Procedures Guide"and the policies of the STATE. ® f. For Quality Assurance services, provide personnel who have completed the appropriate STATE BMPR QC/QA trained technician classes. ® g. Inspect,document and inform the resident engineer of the adequacy of the establishment and maintenance of the traffic control- Page 1 of 5 BLR 05611 (Rev-9/06) Printed on 8/8/2012 3:29:33 PM ® h. Geometric control including all construction staking and construction layouts. ® i. Quality control of the construction work in progress and the enforcement of the contract provisions in accordance with the STATE Construction Manual. ® j. Measurement and computation of pay items. ® k. Maintain a daily record of the contractor's activities throughout construction including sufficient information to permit verification of the nature and cost of changes in plans and authorized extra work. ® I. Preparation and submission to the LA by the required form and number of copies,all partial and final payment estimates,change orders,records,documentation and reports required by the LA and the STATE. ❑ m. Revision of contract drawings to reflect as built conditions, 2. Engineering services shall include all equipment, instruments,supplies,transportation and personnel required to perform the duties of the ENGINEER in connection with the AGREEMENT. 3. To furnish the services as required herein within twenty-four hours of notification by the resident engineer or authorized representative. 4. To attend meetings and visit the site of the work at any reasonable time when requested to do so by representatives of the LA or STATE. 5. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without the 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. 6, The ENGINEER shall submit invoices, based on the ENGINEER's progress reports,to the resident engineer, no more than once a month for partial payment on account for the ENGINEER's work completed to date. Such invoices shall represent the value,to the LA of the partially completed work, based on the sum of the actual costs incurred, plus a percentage(equal to the percentage of the construction engineering completed)of the fixed fee for the fully completed work. 7. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable to improvement of the SECTION;and that the ENGINEER has sufficient properly trained,organized and experienced personnel to perform the services enumerated herein. 8• That the ENGINEER shall be responsible for the accuracy of the ENGINEER's work and correction of any errors,omissions or ambiguities due to the ENGINEER'S negligence which may occur either during prosecution or after acceptance by the LA. Should any damage to persons or property result from the ENGINEER's error, omission or negligent act,the ENGINEER shall indemnify the LA,the STATE and their employees from all accrued claims or liability and assume all restitution and repair costs arising from such negligence. The ENGINEER shall give immediate attention to any remedial changes so there will be minimal delay to the contractor and prepare such data as necessary to effectuate corrections, in consultation with and without further compensation from the LA. 9. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LA. 10. 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)of this certification; 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. Page 2 of 5 BLR 05611 (Rev. 9/06) Printed on 8/8/2012 3:29:33 PM 11. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA. 12. 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. 13. To submit BLR 05613, Engineering Payment Report,to the STATE upon completion of the work called for in the AGREEMENT, II. THE LA AGREES, 1. To furnish a resident engineer to be in responsible charge of general supervision of the construction. 2. To furnish the necessary plans and specifications. 3. To notify the ENGINEER at least 24 hours in advance of the need for personnel or services. 4. 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 ❑ 5 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..§ball 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 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. 6. The recipient shall not discriminate on the basis 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.C. 3801 et seq.). Page 3 of 5 BLR 05611 (Rev.9/06) Printed on 8/8/2012 3:29:33 PM III. It is Mutually Agreed, 1. That the ENGINEER and the ENGINEER's subcontractors will maintain all books,documents,papers,accounting records and other evidence pertaining to cost incurred and to make such materials available at their respective offices at all reasonable times during the AGREEMENT period and for three years from the date of final payment under this AGREEMENT,for inspection by the STATE, Federal Highway Administration or any authorized representatives of the federal government and copies thereof shall be furnished if requested. 2. That all services are to be furnished as required by construction progress and as determined by the RESIDENT ENGINEER. The ENGINEER shall complete all services specified herein within a time considered reasonable to the LA,after the CONTRACTOR has completed the construction contract. 3. That all field notes,test records and reports shall be turned over to and become the property of the LA and that 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 this AGREEMENT may be terminated by the LA upon written notice to the ENGINEER,at the ENGINEER's last known address,with the understanding that should the AGREEMENT be terminated by the LA,the ENGINEER shall be paid for any services completed and any services partially completed. The percentage of the total services which have been rendered by the ENGINEER shall be mutually agreed by the parties hereto. The fixed fee stipulated in numbered paragraph 4d of Section II shall be multiplied by this percentage and added to the ENGINEER's actual costs to obtain the earned value of work performed. All field notes,test records and reports completed or partially completed at the time of termination shall become the property of,and be delivered to,the LA. 5. That any differences between the ENGINEER and the LA concerning the 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. 6. That in the event the engineering and inspection services to be furnished and performed by the LA(including personnel furnished by the ENGINEER)shall, in the opinion of the STATE be incompetent or inadequate,the STATE shall have the right to supplement the engineering and inspection force or to replace the engineers or inspectors employed on such work at the expense of the LA. 7. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the contractor's safety precautions, except as provided in numbered paragraph 1f of Section I. 8. 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 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 Page 4 of 5 BLR 05611 (Rev 9/06) Printed on 8/8/2012 3:29:33 PM (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, any employee who is convicted,as required by section S of the Drug Free Workplace Act. (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. 9, 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 this AGREEMENT or such other remedy as the LA deems appropriate. Agreement Summary Prime Consultant: TIN Number Agreement Amount Engineering Enterprises, Inc. 36-3150869 32,505.86 Sub-Consultants: TIN Number A reement Amount Rubino Engineering 80-0450719 4,004:58 Sub-Consultant Total: 4;004.58 Prime Consultant Total: 32,505.86 Total for all Work: 36,510.44 Executed by the LA: United City of Yorkville (Municipality/Township/County) ATTEST: By: By: City Clerk Title: Mayor (SEAL) Executed by the ENGINEER: Engineering Enterprises, Inc. ATTEST: By: By: Title: Executive Assistant Title: Vice President Page 5 of 5 BLR 05611 (Rev.9/06) Printed on 8/8/2012 3:29:33 PM Mo ° a N r N N N O lq Cl) O O CO 1 X00 LL p J n.W IM O 0 0 N LL �R O Z F N,,O 't N e ❑ O O O ° c O O r O N_ O O � O M L O O O m N M (O Ih M O p C W r m ° m om Cl) IL H Q p 0 O J O Lu p O LO r O 00 O y O_ Lq W y r _ U ' W pV O U > m S O O O V � y F- +t Q O o O' W = t5 w _ ° ° Z O N GW (A LL J o ° U W — V) LU Z � LL ~ O ' Z J O r` c0 '° ° M O N O"� W J 0 p 0 0 6) W N 't O W w U ' X W w - r� C'4 W X U) F- LL LL — Cl) W LL CD L) Q x w W °O Q W W L6 U- U a LL 0=C J 0 W p p � LQ W a ❑ O W 2 w :i 2 LU O OU L< Z ~ O a C LL N rn m p z _ O Q W (M N O O O W m (O N W N P: [a S oC W U O O N W LU Z W J o LL a N cn "t It 't 'n LU O N L O p V O W � w CL O 00 O a d' m Cl) v m L) of Q — °O (3, ❑ c U) ° a W o cm U) 0 O U) ' 7 � co O a x E Z C 'r m o w a. Cl) U j Z > O o f J LU O� C _ O W C Q a o o C1 a� a 0 o U) (° a F- y U O (0 p IL a aD (n a0a � cn. a LU O O � o00 Q o _ rl o r o a ° co O O r Q O ° N ONO W = co r S Q N N 00 N co co O o O � d a °o � o F •C Q w d o v o y _ M ao M a t^O M c O d ti ai ° m c A ` cL O N O N O O a` _ v m v w m Q Q O M N N to L co o o Z ao u? ° CL d `° ° 5 rn (n o v F- N N Z C O 7 N H v = W a � co v rn > rn o ° W Q V LO of co O 0 o 0 0 c� 0 O O 7 N d L d > M N N M W N N O V W Q a o ° o o U'l LL O o a D e0 Cl! N O a co W p o ui C)tI W Q a� ' W y (n U CO o w O ,6. O S Cl N O'00 O co O O O O V O 0 Cl 0 0 0 0 O O O O O O O O O m CL C7 Q L a C O J W O � 0 C ( O ~ y O Ur J W [O N � O O m M O W c y U > F ao M LO v M � � � W LO EO mLO � MMNNMNNN W d (n _ O o N N �- Z O 7 7 Q) Z U) Cl) O (L) `m J Q c c `n fn F o d d N (C6 @ F Z Y O Q N, O a .O U CN O O OV d N F LLl } O U U .V J O Q U C C C N N C N co a 0 o V U O C W W — I— F 0 cp C O W N N �--• C U 2 2 U 2 2 U C SUMMARY OF DIRECT COSTS Safe Routes to School-United City of Yorkville Kendall County Section No. 10-00040-00-SW Engineering Enterprises, Inc. In-House Direct Costs No. Unit Cost/Unit Total Cost Printing/Reports 0 Pages $0.10 $0.00 Printing/Plans 0 Sheets $1.00 $0.00 Vehicle 35 Days $45.00 $1,575.00 Subtotal $1,575.00 Outside Direct Costs No. Unit Cost/Unit Total Cost Postage/Overnight Delivery 0 Each $15.00 $0.00 Subtotal $0.00 TOTAL $1,575.00 Exhibit B Illinois Department of Transportation Engineering Payment Report Prime Consultant Name Engineering Enterprises, Inc. Address 52 Wheeler Road, Sugar Grove. IL 60554 Telephone 630/466-6745 TIN Number 36-3150869 Project Information Local Agency United City of Yorkville Section Number 10-00040-00-SW Project Number SRTS-4009(010) _ Job Number C-40-069-09 This form is to verify the amount paid to the Sub-consultant on the above captioned contract. Under penalty of law for perjury or falsification,the undersigned certifies that work was executed by the Sub-consultant for the amount listed below. Sub-Consultant Name TIN Number Actual Payment from Prime Sub-Consultant Total: Prime Consultant Total: Total for all Work Completed: Signature and title of Prime Consultant Date Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as concurring with the payment amount specified above. Page 7 of 7 BLR 05611 (Rev.9/06) Printed on 8/8/2012 3:24:06 PM (O v I- O O O O Oo Oo r LOOOOO LO cli Oo ° ° o 4 O O O fA 613 to V) O LO O LO C) G E03, � I- v Or- (0 co O) 0 0 0 0 M r-i O M 0 0 0 0 CD Co Cl) 0 .000 I� (.D N CO 69 Y) U) 63 O Ln wM r 613 LO O O to •FA Ef3 � d 0o o N ° r O O 0 3 0 U °M ° ° U O w•, � 2 v 2 — 0 N 6 O V � U @ LL N 0 T CO) O -,t N O O O O P Q O R (O 00 O O O O lf) N x O O 'C O It N W] �b°4G h ODU r � eNn C 2 0 w U O N COOOOO A7 O Mr--: M 0 0 0 0 W CO O LO 0 0 0 0 N CV E3 EA 69 TfU O O ItT :3 L N Ef3 Efl r O R U) Ef3 'Efl �+ a o a v U U w Q © oho CC) cq R o a) Cl) LO Cl 69 x 'Z, w = _ L a + + 0 J J U 3 0 U O _ 0 = N 00 M O � = c + + + R J J J C) C) Q + + + y O J J M d ++ N C V a _N w mL U Y3 _ � ❑ nn � 0 � o 'Fu o °rn ° CL a o ° O O ° o)U Y m 't � Co C: L 0) Q o m- o C O N 6 D ° U) p co ui O LL LL LL — cx.O -O 'O 'O C rn co 0 0 0 y O >+ O X X X N m p 0 C _U LL LL LL (p d ~ �n v a) (n (n U) Of � a o v Q (p n d p CG _ �° U)R) z p U O O O 0 CL :3 <O O — O U lJ V) CO J a a` x �"' 0 CIP Reviewed By: Agenda Item Number J� $ 06 Legal El NB, #3 Finance ❑ ESL -� 1836 Engineer ■ -_� City Administrator E] Tracking Number .4 City y Human Resources El� wn sw _© Community Development ❑ PW 2012-51 � Police F-1 Public Works ❑ Agenda Item Summary Memo Title: Rt 47 and Cannonball Improvements Meeting and Date: pW Committee— September 18, 2012 Synopsis: Coined Work Agreement Consideration Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Consideration of Approval Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: Memorandum To: Bart Olson, City Administrator EST. 1 1836 From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. <C Ec° Lisa Pickering, Deputy City Clerk Date: September 10, 2012 Subject: Rt 47 and Cannonball Improvements Background The purpose of this memo is to provide an update on the project as well as introduce copies of the proposed Coined Customer Work Agreement If you might recall, the project was awarded by the City Council on February 28, 2012 to Geneva Construction Co. in the amount of$895,274.94. Since project award, a preconstruction conference was held with the contractor and the private utilities have begun to perform their relocates. Nicor has recently completed their work. Coined along with Comcast and AT&T also will require relocates. Attached is the Customer Work Agreement from Coined to perform the necessary relocations. Since this project was originally driven by a private development, Coined will require payment for the completion of the work. The City received funds from the original developer to perform the work at this intersection. The current cost projections are as follows: Bond Balance: $1,899,397 Cost of Project as Bid: $895,247 Construction Engineering: $90,000 Estimated Balance: $914,150 Comed Costs $154,763.82 The overall project budget allows for the payment to Coined. Proposed Action At this time, we ask that the Committee consider approving both the Corned Work Agreement. If you have any questions or require additional information,please let us know. C■ m ,; AURORA OFFICE 2001 AUCUTT ROAD MONTGOMERY, ILLINOIS 60538 815-748-2262 CITY OF YORKVILLE Date: 03/02/2009 CANNONBALL TRL AND RT47 RELOCATION YORKVILLE, IL 60560 For Electrical Service To: RELOCATION, CANNONBALL TRL AND RT47 YORKVILLE, IL Enclosed please find a copy of your Customer Work Agreement. To ensure prompt processing of your agreement please do the following: Review, sign and date the Customer Work Agreement. Return the signed copy of the agreement and payment of $154,763.82 in the enclosed envelope, to my attention. Work cannot proceed until we have received the signed document with your remittance and a call to 1-866-NEW-ELEC (1-866-639-3532) letting us know your electrician has completed work and passed required municipal government inspections. Upon approval by our Company, one copy of the document will be returned to you for your records. If this contract is not returned within 30 days, it will be cancelled. You may make payments on the ComEd website or by phone. A$3.50 Bill Matrix, Inc. convenience fee will apply to each electronic payment transaction. By Internet go to: <https://paymentscomed.biIImatrix.com/> (for payments$5,000 or less) Or By Phone, Call (English &Spanish) 1-800-334-7661 (for payments of$5,000 or less) 1-800-588-9477 (for payments of$5,000 or less) If you have any questions concerning this contract please contact your Field Representative. Sincerely, Enclosures KYLE WESTROM FIELD REPRESENTATIVE 815-748-2262 CUSTOMER WORK AGREEMENT PL#:471211 CWA#:WE090027 R:0000 Date: 03/02/2009 CITY OF YORKVILLE ("Customer") and ComEd ("Company") agree that the Company will furnish at the Customer's expense the labor and materials necessary to do the work for the Customer on or adjacent to the Customer's premises at RELOCATION, CANNONBALL TRL AND RT47,YORKVILLE, IL 60560,described below. CUSTOMER WORK AGREEMENT - COMED TO RELOCATE 7 POLES AND EQUIPTMENT THAT ARE IN CONFLICT WITH THE ROAD WIDENING PROJECT AT THE CORNER OF RT.47 AND CANNONBALL TRL IN YORKVILLE. CHARGES FOR REQUESTED INSTALLATION $147,914.14 MATERIALS AND LABOR 80FT BORE ACROSS CANNONBALL TRL $6,849.68 TOTAL CUSTOMER CHARGE $154,763.82 The Customer agrees to pay to the Company the sum of$154,763.82,payment in full due prior to beginning of Company work. The charges listed in this contract are for performing the work identified herein under normal field conditions. If abnormal field conditions are encountered and additional labor and materials are required to complete the work, or if the scope of work is altered,ComEd reserves the right to collect,and the owner agrees to pay,additional money to cover the increased costs. The sketch, if any, attached hereto is hereby made a part of this Agreement and expressly designates ownership of the facilities refered to. The Total Customer Charge reflects the scope of work described in this Customer Work Agreement that will be performed by the Company. This does not include charges for the relocation or removal of equipment owned by others, such as cable television or communication companies, that are attached to the Company's poles. It is the Customer's responsibility to contact these other companies to schedule the relocation or removal of their equipment from the poles. These companies will bill the Customer separately for the work they must perform. Work will be done during the Company's regular working hours, unless otherwise specified. This Agreement shall be void if not accepted by the Customer within thirty days from date submited. Transformers and metering equipment installed in conjunction with this work, shall in all cases, remain the property of the Company. In the event the work covered by this Agreement cannot be completed within one year from the above date as a result of delays on the part of the Customer or because the Company has been denied access to the premises, the charge to the Customer shall be recomputed based on the level of costs prevailing at the time of completion of the work as stipulated in the Company's General Company Order No.25. This agreement is subject to the provisions of the Company's Schedule of Rates and Information and Requirements for Electric Services as on file with the Illinois Commerce Commision. FOR THE COMPANY: FOR APPLICANT: KYLE WESTROM Submitted By Accepted By Signature Accepted By Signature Print Name Print Name Official Capacity Account Number:0199009151 Work Task Number:0655440301 Payment Stamp Mail Bills To: CITY OF YORKVILLE CANNONBALL TRL AND RT47 RELOCATION YORKVILLE,IL 60560 Cad m_ Agreement Date : 03/02/2009 Submitted by: JUDY BARSEMA Phone Number : Group TvDe of Pavment Check ❑ Wire/ACH ❑ Name : CITY OF YORKVILLE CWA Payment Service Address : RELOCATION, CANNONBALL TRL C.W.A. #: WE090027 Citv. State AND RT47 CIMS Account # Work Order Task# Total 0199009151 0655440301 $154,763.82 1) 1;[ Permit Type Project Name Office Designer Location - Reason For Work Work Order # Customer Contact - Brad Sanderson IDOT/Kendall County 0000071133 AURORA Westrom K 06554403 Cannonball Trl OVHD Relocation Permit Number SR # JWA # Phone # Cannonball Trl and IL Rt 47 Schedule Group 00586692 815-790-5519 Yorkville 3AD ComEd Contact - We Westrom Joint Work Contact SER/CWA # Phone RO # PD # Town or Township QS/Block Enter SER/SCA NurnbE BRISTOL TWP 471211 Date Issued: Contingent WO #s Completed By: Date: 0.0 88.3 176.6 FT Page 1 of 4 Verified By: Date: 1A81 --- 1A92 , � 0003 120/®0Y t F � - d � � 384554 ��N= 7 Pvc 47121 3$ ALC �� 1 A 91 M04 15'-► lA3 Ex�� 9 $ �0 0 , 80-1 25_A ° CANNONBALL TRL _ 19112kv 80-1 _ 477_ so-z 20'-► C L10643 UU 45-z , 45-z 50- `J 009 z 11.5, 22 .-12 001 00 •- 5'Dos 012 O To Disc 4354 -► O �O0-1 i � + +1' 4 5 + 13' � 013 014 �" 15 037 1 2 1 " 041 39 fM C 3 1669325 W2107 F 1 $� 038 143 042 W 191 8 65—C F 189142 65—C 1A1 �xcJC� 120/208Y 039 043 --D3 25-C 377.5°x' Reviewed By: Agenda Item Number 606 Legal ❑ NB #4 Finance ❑ EST. -� __ti 1838 Engineer ❑ -- City Administrator ■ Tracking Number me Human Resources F-1 C "Sad 3! Cf Community Development ❑ `,� PW 2012-52 Parks&Recreation Public Works ❑ Agenda Item Summary Memo Title: Recreational Trails Program Project Agreement Meeting and Date: PW September 18, 2012 Synopsis: The project agreement for the Clark(Hopkins) Park Recreational Trails Grant is attached for approval. Council Action Previously Taken: Date of Action: 3.8.11 Action Taken: Approved Item Number: CC 2011-20 Type of Vote Required: Majority Council Action Requested: Submitted by: Laura Schraw Parks & Recreation Name Department Agenda Item Notes: Please see the attached memo providing additional information and the project agreement. D C/T Memorandum 0 EST. 1836 To: Public Works Committee From: Laura Schraw, Interim Director of Parks and Recreation CC: Bart Olson, City Administrator Date: September 13, 2012 <LE r° Subject: Recreational Trails Program Grant Please see the attached Project Agreement for the Recreational Trails Program Grant awarded for Clark(Hopkins) Park. The total grant amount is $96,000, which is 80% of our total project budget of$120,000. The remaining $24,000 of the City's share will be donated labor through staff clearing the woods and creating the trail, installing the wood chips for the trail, installing the benches, designing the interpretive signage, and designing and constructing the limestone overlook with the pergola. The nose-in parking area will be paved by a contractor. The completion date for this project is December 31, 2014. This winter staff will continue to clear the woods of invasive species and create the trail. Construction documents and estimates will be finished this winter/spring and construction is anticipated to start next summer and be completed by next winter. CLIllinois Department of Natural Resources Pat Quinn.Governor One Natural Resources Way Springfield,Illinois 62702-1271 klare'aliller,Director h ttp:,Anr.s tat e.i l.u s August 17, 2012 Mr. Bart OIson Director of Parks and Recreation United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Project RTP 12-107 United City of Yorkville Hopkins Park Nature Trail Grant Award: $96,000.00 Dear Director Olson: Congratulations on being selected by the Department for grant funding assistance through the State's FY `12 Recreational Trails Program. Your project has been assigned the above referenced project number and approved for the dollar amount indicated. Enclosed you will find two copies of the Project Agreement indicating approved project costs and grant reimbursement. PLEASE REVIEW THE DOCUMENT CAREFULLY. If the grant amount approved for the project was reduced from your original request level and the amount will limit your agency's ability to carry out the proposal as planned, please contact me immediately. If the Agreement is acceptable, please have both copies signed by an appropriate official from your agency and return them both to the Department for signature within the next 30 days. Please be advised that your agency is the "vendor" and all documents must be completed, signed and dated. Once the agreements have been validated by the Department, one copy will be returned to you for your files. If you have any questions concerning this information, please do not hesitate to contact me at 2171785-4153. I look forward to working with you in successfully completing this most worthwhile project. Sincerely, Ronald Whitmore Grant Administrator Division of Grant Administration Enclosures: Project Agreement (2 copies) Billing and Implementation Packet STATE OF ILLINOIS Department of Natural Resources RECREATIONAL TRAILS PROGRAM GRANT PROJECT AGREEMENT Project Sponsor: United City of Yorkville Project Number: RTP 12-107 Address: 800 Game Farm Road FEIN Number: 36-6006169 Yorkville,IL 60560 Project Title: Hopkins Park Nature Trail Project Period: Start Date: August 10,2012 Expiration Date: December 31,2014 Project Scope(Description of Project/Costs): The City of Yorkville will develop a .5-mile ADA accessible nature trail with benches and interpretive signs, a limestone overlook/sitting area with a pergola, and a trail head with a small parking area in Hopkins Park. Approved project development shall be in general accordance with the approved project application on file with the Department and preliminary construction cost estimates and plans attached hereto. PROJECT COSTS (Estimated) The following documents are hereby incorporated into,and made part of, this Agreement: Acquisition Costs $ Development Costs $ 120 000.00 1. General Provisions(attached) Archaeological Survey $ 2. Project Application TOTAL COSTS $ 120,000.00 3 Standard Certifications %Fund Assistance up to 80% 4. FUND ASSISTANCE AMOUNT $ 96,000.00 ( }DNR copy { }Sponsor copy The Illinois Department of Natural Resources (DNR) and the Project Sponsor, agree to perform this project in accordance with the federally funded Recreational Trails Program (RTP) as created pursuant to the National Recreational Trails Fund Act and funded through the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA- LU) and jointly administered by the IDNR and [DOT; with the rules promulgated pursuant to these Acts, including applicable U.S.Department of Transportation regulations,49 CFR Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, and with the terms, promises, and conditions contained in this Agreement including attachments; and the plans, and assurances contained in the approved project application which, by reference, are specifically made a part of this Agreement. No assignment of grant provisions or duties is allowed. The DNR shall, in consideration of the promises and assurances made by the Project Sponsor, obligate to the Project Sponsor the Fund Assistance Amount specified herein, and to tender to the Project Sponsor that portion of those Funds required to pay the State's share of eligible project costs as shall be determined based upon criteria set forth in the National Recreational Trails Fund Act. A project shall be deemed completed for grant payment when the project sponsor submits a project billing form seeking final grant reimbursement which is approved for payment by DNR. Any grant funds remaining after final reimbursement to the project sponsor may be reprogrammed at the discretion of DNR. Obligations of the State will cease immediately without penalty of further payment being required if in any fiscal year the Illinois General Assembly or federal funding source fails to appropriate or otherwise make available sufficient funds for this Agreement. The Project Sponsor promises to complete the project as described in this Agreement, and operate and maintain the project site in accordance with the terms of this Agreement, and to pay any and all costs associated with the project in excess of the specified State obligation for Grant Funding Assistance. This Agreement, including the project application by reference and the General Provisions, Certifications Statement and project development plan(s) attached hereto, constitutes the entirety of the grant agreement between the Project Sponsor and Illinois DNR and supercedes all other agreements whether written or oral. This Agreement shall be governed in all respects by the laws of the State of Illinois. Except for reimbursement grants where this does not apply, all funds advanced to the grantee that remain at the end of(lie grant agreement or at the expiration of the expenditure or obligation period stipulated in the grant,shall be returned to the State within 45 days. IN WITNESS THEREOF,the parties hereto have executed this Agreement as of the date entered below. PROJECT SPONSOR STATE OF ILLINOIS IL Department of Natural Resources (Agency) (Agency) (Signature) (Director-Signature) (Name) (Director—Name) (Date) (Date) Required additional signatures for contracts and contract renewals totaling$250,000 or more per 30 ILCS 10519.02. (DNR Chief Legal Counsel-Signature) (DNR Chief Legal Counsel-Name) (DNR Chief Fiscal Officer-Signature) (DNR Chief Fiscal Officer-Name) CERTIFICATIONS I certify under oath that all information in the grant agreement is true and correct to the best of my knowledge, information, and belief; and that the funds shall be used only for the purposes described in the grant agreement; and that the award of the grant funds is conditioned upon such certification. Project Sponsor Signature and Date GENERAL PROVISIONS OF THE PROJECT AGREEMENT RECREATIONAL TRAILS PROGRAM A. Definitions 1. The term"DNR"as used herein means the Stale of Illinois,Department of Natural Resources. 2. The term"project"as used herein means the approved project scope which is the subject of this Agreement, 3. The term"project site"as used herein means the land area encumbered by this Agreement and delineated (defined)on the project boundary map attached hereto. 4. The term"Project Sponsor"(grantee)as used herein means the federal,state,or local political subdivision; or not-for-profit organization which is a party to this Agreement and to which RTP funds are being provided pursuant to this Agreement. 5. The term "Recreational Trails Program" (RTP) as used herein means the federal ""Recreational Trails Program"created through the National Recreational Trails Fund Act, B. Project Execution,Permits and Environ men tal/Cullural Resource Compliance 1. The Project Sponsor is required to File quarterly status reports on the grant project if the grant amount is over$25,OOO.DO. 2. The Project Sponsor agrees to execute and complete the approved project in accordance with the time schedule and plans set forth in the project proposal. Failure to render satisfactory progress or complete the approved project to the sabsfaction of the DNR per terms of this Agreement may be cause for suspension and/or termination of all obligations of the DNR under this Agreement. 3. Final development plans and specifications shall be available for review by the DNR upon request. The Project Sponsor shall be responsible for developing the project site in general accordance with the application submitted and approved by the DNR. 4. In connection with project construction, and the subsequent operation and maintenance of the RTP grant assisted facilities, the Project Sponsor agrees that it shall be responsible for and obtain all necessary permits, licenses or forms of consent, as may be required to complete the project. Failure to obtain any required permit may jeopardize RTP grant reimbursement. 5. Work on the approved project shall not commence and no payment shall be made under this grant agreement until the Project Sponsor,as set forth under the DNR's Comprehensive Environmental Review Process(CERP),has initiated and completed all necessary project review and consultation with the DNR as required by Section 11 of the Endangered Species Protection Act,520 ILCS 10111;Section 17 of the Illinois Natural Areas Preservation Act,525 ILCS 30117;the mitigation or compensation determinations required by the Interagency Wetland Policy Act, 20 ILCS 83011 el seq.; and the environmental and economic impact determination required by Section 9 of the state Historic Preservation Act,20 ILCS 341019. 6. 50%of the labor hours on the project must be performed by actual residents of the State of Illinois. Artlde 80 of the FYI Budget Implementation(Capital)Act,P.A.96-37(HB 2424). C. Proiect Indemnification. 1, The Project Sponsor covenants and agrees that it shall indemnify, protect, defend and hold harmless the DNR from any and all liability, casts, damages, expenses, or claims thereof arising under, through or by virtue of the construction, operation and maintenance of the herein specified project facility. Neither the Project Sponsor nor Its employees,agents or subcontractors shall be deemed to be an agent of the State of Illinois or the DNR. 2. The Project Sponsor shall be responsible for adequately patrolling the RTP grant site to ensure proper usage of the facility and user compliance with all Stale and local regulations.Failure of the Project Sponsor to take corrective measures which bring the site into compliance or to help remedy complaints lodged by local citizens concerning misuse of the RTP grant site shall be grounds for a finding of program non- compliance and is subject to corrective measures by DNR as deemed appropriate. 3. During all limes of operation of an RTP grant site,the Project Sponsor(excluding local political subdivisions) must possess insurance protection providing a minimum of$1,000,000 per occurrence liability coverage. D. Project Inspections. It is agreed and understood by the Project Sponsor that a DNR representative shall have access to the project site to make periodic inspections. It is further agreed and understood by the Project Sponsor that a final inspection and acceptance of a completed development project must be made by a representative of the DNR prior to project acceptance and grant reimbursement to the Project Sponsor,and that the DNR shall have future access to the project site and all facilities thereon to ensure continuing program compliance. E. Project Sionage 1 Publicity. The Project Sponsor agrees to post a"Recreational Trails Program"grant acknowledgment sign at the grant-assisted site specified herein.At a minimum,the sign must include the following wording: THIS TRAIL/FACILITY RECEIVED FUNDING ASSISTANCE THROUGH THE FEDERALLY FUNDED RECREATIONAL TRAILS PROGRAM ADMINISTERED BY THE ILLINOIS DEPARTMENT OF NATURAL RESOURCES F. Prevailing Wage All non-governmental Project Sponsors that construct fixed works that are financed in whole or in part with funds provided by this Grant Agreement shall be subject to the Prevailing Wage Act(820 ILCS 13010.01 et s_gq.) unless provisions of that Act exempt its application. In the construction of the project, the Project Sponsor shall comply with the requirements of the Prevailing Wage Act, including, but not limited to, inserting into all contracts for such construction a stipulation to the effect that not less than the prevailing rate of wages as applicable to the project shall be paid to all laborers, workers, and mechanics performing work under the contract and requiring all bonds of contractors to include a provision as will guarantee the faithful performance of such prevailing wage clause as provided by contract. G. Subcontractor Requirements The Project Sponsor shall insert as an integral part of any publicly bid contract for the approved project work, the following provisions: 1. The Contractor shall abide by and comply with all applicable local,State and federal laws and regulations relating to contracts involving public funds and the development/construction of public works, buildings or facilities. The scale of wages to be paid shall be obtained from the IL Dept. of Labor and posted by the Contractor in a prominent and accessible place at the project work site. 2. The Contractor shall personally and individually agree and covenant,and shall furnish and provide evidence of general liability insurance in the amount of$1,000,000.00,and shall indemnity,protect,defend at Its own cost,and hold harmless the DNR from and against all losses,damages,injuries,or claims thereof to or by persons or property,arising out of,through,or by virtue of the construction and development of the specified project facilities. 3. The Contractor certifies that to the best of its knowledge, no officer or employee has been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois,nor has any officer or employee made an admission of guilt of such conduct which is a matter of record. 4. The Contractor certifies it has not been barred from being awarded a contract with a unit of State or local government as a result of a violation of Section 33E-3 or 33E-4 of the Criminal Code of 1961 (bid rigging or bid rotating). 5. The Contractor certifies, pursuant to the Illinois Human Rights Act(775 ILCS 512-105), that it has a written sexual harassment policy that includes, at a minimum, the following information: (1) the illegality of sexual harassment;(il)the definition of sexual harassment under State law;(iii)a description of sexual harassment utilizing examples:(iv)the Contractor's internal complaint process including penalties;(v)the legal recourse, investigation and complaint process available through the IL Dept.of Human Rights and the Human Rights Commission and directions on how to contact both; and (vi) protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act. A copy of the policy shall be provided to the Dept.of Human Rights upon request. 6. The Contractor shall abide by the'Employment of Illinois Workers on Public Works Act"(30 ILCS 570,sec 1 -7)which stipulates that whenever there is a period of excessive unemployment in Illinois,defined as any month immediately following two(2)consecutive months during which the level of unemployment in Illinois exceeds five percent(5%)as measured by the U.S. Bureau of Labor Statistics in its monthly publication of employment and unemployment figures, the Contractor shall employ only Illinois laborers unless otherwise exempted as so stated in the Act. (1 inois laborer"means any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident.) Other laborers may be used IF Illinois laborers are not available or are incapable of performing the particular type of work involved if so certified by the Contractor and approved by the project engineer and Illinois Department of Natural Resources. 7. The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U. S. Export Administration Act of 1979 or the regulations of the U.S.Department of Commerce promulgated under that Act. H. Project Costs Financial Records and Audit Re uirements 1. Project costs eligible for assistance shall be determined upon the basis of criteria set forth for the RTP grant as so specified in The National Recreational Trails Fund Act. 2. The Project Sponsor shall maintain, for a minimum of 3 years following project completion, satisfactory financial accounts,documents,and records associated with the project and the disbursement of grant funds pursuant to this Agreement,and shall make them available to the DNR,or the Illinois Auditor General,or the Attomey General for auditing at reasonable times. Failure by the Project Sponsor to maintain such accounts,documents,and records as required herein shall establish a presumption in favor of the Slate of Illinois for recovery of any funds paid by the State per this Agreement for which adequate records are not available to support their purported disbursement. 3. If the Project Sponsor(grantee)is a governmental entity AND receives$300,000 or more in grant funds or charges the grant$25,000 or more for Force Account labor or non-bid labor/material purchase costs, the grantee shall provide the Department with one of the following types of audits: a. An agency-wide financial and compliance audit for each year that grant expenditures are made. This audit should be conducted as part of the grantee's annual audit as is generally required by 1) State law(Le.,55 ILCS 516-3001 et seq. and 65 ILCS 518-8-1 et seq.),2)OMB Circular A-133,or 3)the grantee's own goveming body. b. A grant specific audit covering all funds expended under the terms of the grant. The audit(s) must be conducted by an independent certified public accountant, licensed by the State of Illinois and must be performed in accordance with generally accepted auditing standards adopted by the American Institute of Certified Public Accountants (AICPA). The local Project Sponsor (grantee) shall provide the DNR with all required audits within 30 days of the audits'completion and shall be responsible for procuring the required audit(s)In accordance with its normal procurement rules, providing these rules promote an open competitive procurement. (It Is important to inform the auditors that the RTP grant may involve both state and federal funding.) If the approved RTP project includes the use of Force Account labor,the grantee shall ensure[hat any audit required will include an internal control evaluation and opinion on the grantee's time and attendance allocation system. In addition,if the grantee uses materials purchased by means of a Central Procurement System and allocates a portion of those materials to the project (Force Account material claim), the audit must include testing and reporting on the allocation system used for tracking material use. If the grantee receives less than $300,000 in grant funds or charges the grant less than$25,000 for Force Account labor and/or non-bid Iabor/materfal purchase costs, the grantee will provide the Department with copies of any audits that report findings involving the RTP grant project. 4. The Project Sponsor(grantee)shall be responsible for timely action in resolving any financiallaudit findings or questioned project costs. In the event that questioned costs are ultimately deemed disallowed by the DNR or its representative, the grantee shall be responsible for repayment of any grant funds allocated toward such costs. 1. Use of Proiect Site(Operation&Maintenance} 1. Property acquired or developed with RTP grant assistance shall (1)be operated and maintained in a safe and attractive manner for the benefit of recreational trails use without regard to sex, race, color, religious belief, or national origin, nor on the basis of residence, except to the extent that reasonable differences in admission or user fees may be imposed,and(2)not be converted to a use that prohibits RTP recreational trails use as specified herein without written approval from the DNR. Specific actions regarded as conversions,although not inclusive, are as follows: a. The sale or exchange of ANY portion of the project site or granting of an easement,right-0f-way,or other such encumbrance on title which divests control of the project site from the Project Sponsor to another individual,group,agency,or entity. b. Any significant deviation from the approved project site plan OR change, alteration or disposition of the project site to other than recreational trails use unless specifically authorized in this Agreement or by the DNR. For projects receiving acquisition grant assistance, a covenant must be placed on the acquired property deed at the time of recording that stipulates the property will be available for public RTP use or the site wilt revert to the DNR. For projects receiving development grant assistance ONLY, terms of this Agreement shall no longer apply after the following specified time period relevant to the total amount of RTP grant funds expended on the approved project: TIME PERIOD AFTER TOTAL GRANT PAYMENT FINAL PROJECT BILLING $0 -$50,000 5 Years for every$10,000 increment over$50,000 add 1 year 2. The Project Sponsor may operate and/or construct appropriate facilities for disbursing food to the public and/or any other services as may be deemed necessary and appropriate, or may enter into a contract or agreement with responsible concessionaires to disburse food or provide any other service as may be desired by the public and the Project Sponsor to enhance recreational trails use of the project site. The lessee concessionaire or licensee providing such service at the project site shall not discriminate against any person or persons on the basis of race, color, creed, national origin, disability or place of residence in the conduct of its operation under the lease,license or concession agreement. 3. It is hereby agreed and understood by the Project Sponsor that any deviation or conversion of the project site from recreational trails use without DNR approval shall be considered a breach of this Agreement resulting in either (1) the repossession and disposition of all land and equipmentlmaterials purchased through the RTP grant or (2) the repayment of funds to the DNR equal to the original grant amount disbursed to the Project Sponsor or the property's certified fair market value at the time of non-compliance, whichever is deemed most appropriate by the DNR. J. Compliance Requirements and Certifications/Assurances 1. The Project Sponsor agrees to complete the project in accordance with all applicable federal, State and local laws,ordinances and regulations. 2. It is hereby agreed and understood by the Project Sponsor that the rules and regulations heretofore and hereinafter promulgated by the DNR relevant to the RTP grant as set forth in the National Recreational Trails Fund Act shall be considered a material part of this Project Agreement. K. Proiect Termination 1. The State may unilatera0y rescind this Project Agreement or the Project Sponsor may rescind the Agreement at any time prior to the commencement of the herein referenced project by way of written notification to the other party. A project shall be deemed commenced when the Project Sponsor makes any expenditure or incurs any obligation,exclusive of architectural/engineering fees,with respect to the project. 2. This Agreement may be terminated by either party upon written notice. In the event of termination by the DNR for failure to comply with material terms of this agreement, the Project Sponsor shall halt all work under this Agreement and cancel all outstanding obligations if so directed by the DNR. Project Sponsor shall pay for its share of eligible project costs incurred up to the date of termination. 3. Failure by the Project Sponsor to comply with any of the above cited Project Agreement terms shall be cause for the suspension of all grant assistance obligations thereunder,unless,in the judgment of the DNR, such failure was not due to the fault of the Project Sponsor. 4. The parties agree that in the event of a breach of this Agreement by the Project Sponsor and notification from the DNR, the Project Sponsor shall have thirty(30)days to cure or correct the breach. If the breach is not cured or corrected,the DNR shall thereafter have full right and authority to take such action as It deems necessary to enforce the provisions of this Agreement,to prevent the continued breach or violation thereof by the Project Sponsor,or to seek other remedy that may be available by law. 5. It is further agreed by the Project Sponsor, that in the event it is adjudicated by any court that its activities are deemed a breach or violation of this Agreement, as part of the relief awarded to the DNR, the Project Sponsor will reimburse the DNR for legal fees and all costs incurred by the DNR in the pursuit of its right under this provision. For purposes of this paragraph, "legal fees'shall be deemed to be the entire sum presented for payment by any attorney or law firm to the DNR relating to the claim of the DNR alleging the Project Sponsor's breach or violation. For purposes of this paragraph, 'costs"shall be deemed to be all these expenses,Including court costs,reasonably incurred by the DNR. 91 RTP Project Agreement-Dev. 10/06/10 STANDARD CERTIFICATIONS Vendor acknowledges and agrees that compliance with this section and each subsection for the term of the contract and any renewals is a material requirement and condition of this contract. By executing this contract Vendor certifies compliance with this section and each subsection and is under a continuing obligation to remain in compliance and report any non-compliance. This section,and each subsection,applies to subcontractors used on this contract. Vendor shall include these Standard Certifications in any subcontract used in the performance of the contract using the Standard Subcontractor Certification form provided by the State. If this contract extends over multiple fiscal years including the initial term and all renewals,Vendor and its subcontractors shall confirm compliance with this section in the manner and format determined by the State by the date specified by the State and in no event later than July 1 of each year that this contract remains in effect. If the Parties determine that any certification in this section is not applicable to this contract it may be stricken without affecting the remaining subsections. 1. As part of each certification,Vendor acknowledges and agrees that should Vendor or its subcontractors provide false information, or fail to be or remain in compliance with the Standard Certification requirements,one or more of the following sanctions will apply: • the contract may be void by operation of law, • the State may void the contract,and • the Vendor and it subcontractors may be subject to one or more of the following:suspension, debarment,denial of payment,civil fine,or criminal penalty. Identifying a sanction or failing to identify a sanction in relation to any of the specific certifications does not waive imposition of other sanctions or preclude application of sanctions not specifically identified. 2. Vendor certifies it and its employees will comply with applicable provisions of the U.S.Civil Rights Act, Section 504 of the Federal Rehabilitation Act,the Americans with Disabilities Act(42 U.S.C.§12101 et seq.)and applicable rules in performance under this contract. 3. Vendor certifies it is not in default on an educational loan(5 ILCS 385/3).This applies to individuals,sole proprietorships,partnerships and individuals as members of LLCs. 4. Vendor(if an individual,sole proprietor,partner or an individual as member of a LLC)certifies it has not received an(i)an early retirement incentive prior to 1993 under Section 14-108.3 or 16-133.3 of the Illinois Pension Code,40 ILCS 5/14-108.3 and 40 ILCS 5116-133.3,or(fi)an early retirement incentive on or after 2002 under Section 14-108.3 or 16-133.3 of the Illinois Pension Code,40 ILCS 5114-108.3 and 40 ILCS 5116-133, (30 ILCS 105/15a). 5. Vendor certifies it is a properly formed and existing legal entity(30 ILCS 50011.15.130,2043); and as applicable has obtained an assumed name certificate from the appropriate authority,or has registered to conduct business in Illinois and is in good standing with the Illinois Secretary of State. 6. To the extent there was a incumbent Vendor providing the services covered by this contract and the employees of that Vendor that provide those services are covered by a collective bargaining agreement,Vendor certifies(i)that it will offer to assume the collective bargaining obligations of the prior employer,including any existing collective bargaining agreement with the bargaining representative of any existing collective bargaining unit or units performing substantially similar work to the services covered by the contract subject to its bid or offer;and (ii)that it shall offer employment to all employees currently employed in any existing bargaining unit performing substantially similar work that All be performed under this contract(30 ILCS 500125-80). This does not apply to heating,air conditioning,plumbing and electrical service contracts. 7. Vendor certifies it has not been convicted of bribing or attempting to bribe an officer or employee of the State of Illinois or any other State, nor has Vendor made an admission of guilt of such conduct that is a matter of record(30 ILCS 500150-5). 8. If Vendor has been convicted of a felony,Vendor certifies at least five years have passed after the date of completion of the sentence for such felony,unless no person held responsible by a prosecutor's office for the facts upon which the conviction was based continues to have any involvement with the business(30 ILCS 500150-10). 9. If Vendor,or any officer,director,partner,or other managerial agent of Vendor,has been convicted of a felony under the Sarbanes-Oxley Act of 2002, or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953,Vendor certifies at least five years have passed since the date of the conviction. Vendor further certifies that it is not barred from being awarded a contract and acknowledges that the State shall declare the contract void if this certification is false(30 ILCS 500150-10.5). 10. Vendor certifies it is not barred from having a contract with the State based on violating the prohibition on providing assistance to the state in identifying a need for a contract(except as part of a public request for information process)or by reviewing, drafting or preparing solicitation or similar documents for the State(30 ILCS 500/50-10.5e). 11. Vendor certifies that it and its affiliates are not delinquent in the payment of any debt to the State(or if delinquent has entered into a deferred payment plan to pay the debt),and Vendor and its affiliates acknowledge the State may declare the contract void if this certification is false (30 ILCS 500150-11)or if Vendor or an affiliate later becomes delinquent and has not entered into a deferred payment plan to pay off the debt(30 ILCS 500150-60). 12. Vendor certifies that it and all affiliates shall collect and remit Illinois Use Tax on all sales of tangible personal property into the State of Illinois in accordance with provisions of the Illinois Use Tax Act(30 ILCS 500150-12)and acknowledges that failure to comply can result in the contract being declared void. 13. Vendor certifies that it has not been found by a court or the Pollution Control Board to have committed a willful or knowing violation of the Environmental Protection Act within the last five years, and is therefore not barred from being awarded a contract(30 ILCS 500150-14). 14. Vendor certifies it has not paid any money or valuable thing to induce any person to refrain from bidding on a State contract,nor has Vendor accepted any money or other valuable thing, or acted upon the promise of same,for not bidding on a State contract(30 ILCS 500150-25). 15. Vendor certifies it is not in violation of the"Revolving Door"section of the Illinois Procurement Code(30 ILCS 500150-30). 16. Vendor certifies that it has not retained a person or entity to attempt to influence the outcome of a procurement decision for compensation contingent in whole or in part upon the decision or procurement(30 ILCS 500150-38). 17. Vendor certifies if will report to the Illinois Attorney General and the Chief Procurement Officer any suspected collusion or other anti- competitive practice among any bidders,offerors, contractors, proposers or employees of the State(30 ILCS 500150-40,5045,50-50). 18. In accordance with the Steel Products Procurement Act,Vendor certifies steel products used or supplied in the performance of a contract for public works shall be manufactured or produced in the United States,unless the executive head ofthe procuring agency grants an exception(30 ILCS 565). 19. a) If Vendor employs 25 or more employees and this contract is worth more than$5000,Vendor certifies it will provide a drug free workplace pursuant to the Drug Free Workplace Act. b) If Vendor is an individual and this contract is worth more than$5000,Vendor shall not engage in the unlawful manufacture,distribution, dispensation, possession or use of a controlled substance during the performance of the contract(30 ILLS 580). 20. Vendor certifies that neither Vendor nor any substantially owned affiliate is participating or shall participate in an international boycott in violation of the U.S.Export Administration Act of 1979 or the applicable regulations of the U.S.Department of Commerce. This applies to contracts that exceed$10,000(30 ILCS 582). 21. Vendor certifies it has not been convicted of the offense of bid rigging or bid rotating or any similar offense of any state or of the United States(720 ILCS 5133 E-3,E4). 22. Vendor certifies it complies with the Illinois Department of Human Rights Act and rules applicable to public contracts,including equal employment opportunity,refraining from unlawful discrimination,and having written sexual harassment policies(775 ILCS 512-105). 23. Vendor certifies it does not pay dues to or reimburse or subsidize payments by its employees for any dues or fees to any'discriminatory club"(775 ILCS 2512). 24. Vendor certifies it complies with the State Prohibition of Goods from Forced Labor Act, and certifies that no foreign-made equipment, materials,or supplies furnished to the State under the contract have been or will be produced in whole or in part by forced labor,or indentured labor under penal sanction(30 ILCS.583). 25. Vendor certifies that no foreign-made equipment,materials, or supplies furnished to the State under the contract have been produced in whole or in part by the labor or any child under the age of 12(30 ILCS 584). 26. Vendor certifies that if is not in violation of Section 50-14.5 of the Illinois Procurement Code(30 ILCS 500!50-14.5)that states:"Owners of residential buildings who have committed a willful or knowing violation of the Lead Poisoning Prevention Act(410 ILCS 45)are prohibited from doing business with the State until the violation is mitigated". 27. Vendor warrants and certifies that it and,to the best of its knowledge, its subcontractors have andwill comply with Executive Order No.1 (2007). The Order generally prohibits Vendors and subcontractors from hiring the then-serving Governor's family members to lobby procurement activities of the State,or any other unit of government in Illinois including local governments if that procurement may result in a contract valued at over$25,000. This prohibition also applies to hiring for that same purpose any former State employee who had procurement authority at any time during the one-year period preceding the procurement lobbying activity. 28. Vendor certifies that information technology,including electronic information,software,systems and equipment,developed or provided under this contractwill comply with the applicable requirements of the Illinois Information Technology Accessibility Act Standards as published at www.dhs.state.il.usliitaa. (30 ILCS 587) 29. Vendor certifies that it has read,understands, and is in compliance with the registration requirements of the Elections Code (10 ILCS 5/9- 35)and the restrictions on making political contributions and related requirements of the Illinois Procurement Code(30 ILLS 504120-160 and 50-37). Vendor will not make a political contribution that will violate these requirements. These requirements are effective for the duration of the term of office of the incumbent Govemor or for a period of 2 years after the end of the contract term,whichever is conger. In accordance with section 20-160 of the Illinois Procurement Code,Vendor certifies as applicable: ❑ Vendor is not required to register as a business entity with the State Board of Elections. or ❑ Vendor has registered and has attached a copy of the official certificate of registration as issued by the State Board of Elections. As a registered business entity,Vendor acknowledges a continuing duty to update the registration as required by the Acl. VENDOR(show Company name and DBA) Signalure Printed Name Title Date Address TAXPAYER IDENTIFICATION NUMBER i certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding,and 3. t am a U.S.person(including a U.S.resident alien). • If you are an individual,enter your name and SSN as it appears on your Social Security Card. • if you are a sole proprietor, enter the owners name on the name line followed by the name of the business and the owners SSN or EIN. • Ifyou are a single-member LL that is disregarded as an entity separate from its owner, enter the owner's name on the name line and the d/b/a on the business name line and enter the owner's SSN or EIN. • If the LL is a corporation or partnership, enter the entity's business name and EIN and for corporations, attach IRS acceptance letter(CP267 or CP277). • For all other entities, enter the name of the entity as used to apply for the entity's EIN and the EIN. Name: Business Name: Taxpayer Identification Number: Social Security dumber or Employer Identification Number Legal Status(check one): ❑ Individual ❑Governmental ❑ Sole Proprietor ❑Nonresident alien ❑ Partnership ❑Estate or trust ❑ Legal Services Corporation ❑Pharmacy(Non-Corp.) ❑Tax-exempt ❑Pharmacy/Funeral Home/Cemetery(Corp.) ❑ Corporation providing or billing ❑Limited Liability Company(select applicable tax classification) medical and/or health care services ❑ D=disregarded entity ❑ C=corporation ❑Corporation NOT providing or billing ❑ P=partnership medical and/or health care services Signature: Date: Revision 6.10.09 Page 12 RECREATIONAL TRAILS GRANT PROGRAMS RTIDOC-3: DEVELOPMENT)EQUIPMENT PURCHASEDATA STATE OF ILLINOISIDEPT OF NATURAL RESOURCES (bevel Wmnt/Equipmentpurchoseprgectsonly) Project Sponsor: United City of Yorkville Project Title: Hopkins Park Nature Trail 1. ESTIMATED PROJECT DEVELOPMENT and/or EQUIPMENT PURCHASE COSTS Construction Method Development 1 Equipment Purchase Items Quantity Cost Estimate see below Trail clearing and grading 1 15,000.00 FA ADA Wood chip trail 2500 15,000.00 FA Benches and interpretive signage 1 20,000.00 FM Limestone overiooklsitting area wlpergota 1 35,000.00 FM Trail head&parking,50 LF asphalt entrance trail 1 34,000.00 C CPA Report Costs(Bike Path Projects ONLY) Potential Archeological Survey Work(-) 1 1,000.00 C TOTAL COST $120,000.00 C_Bid Conlract FA-Force Acct.Labor DM-Donated Material DL-Donated Labor NA—Not Applicable FM—Force Acct.Material Note The value of donated materials and donated(volunteer)labor are no eligible for reimbursement. 2 As applicable,attach a copy of the deed(s)showing proof of ownership or a copy of the lease agreement. (If the deed is less than•Warranty*such as"Trustees,or•Quit Claim,Deed,Title Insurance is REQUIRED.) ('] Projects may require the completion of an archaeological survey of the project site. Estimated costs for such a survey can be included in the proposed project budget. (see item 23 in the Environmental Assessment Statement(EAs)form] Does not apply to STEF Program Attachment#2-Project Boundary HOPKINS PARK Y°��Pur1Nac'e of HoplGns Park Nature Trail RECREATION TRAIL PROGRAM CONCEPTUAL SITE DESIGN MAIN STREET PARKING 37 � l 47 � A 15z 107 '^� BOUNDA LINE 07.3663 TERP P.j ENI t H1 n SITTING AR URE l FOX RIVER 927'44 GLEN D.PALMER AM ' p m. United City of Yorkville 1AC YppKy�E Yorkville Ports 6 Recreation Dept SCALE AS SHOWN BW Game Farm Road 201 W.Hydraulic St. RECREATION TRAIL 1 4 50' 200` Yorkville,Ul+toIs 6056U Yorkville,IDlrrols 60560 PROGRAM GRANT 0, FEBRUARY 24,20111 Telephone;630.553-8545 Telephone:630553-4341 DESIGN Fax:630-553.3436 6cRF.tIYaJ Fax:530-5534347 DRAWN BY:LAURA SCHRAW NORTH HOPKINS PARK RECREATIONAL TRAIL GRANT CONCEPTUAL SITE DESIGN MAIN STREE7�- _ -- PARKING ROUTEs•r _ - - --- ---_--___ -�- - _ I NCH[TYP.) I b IPAWROPFRTY LIBERTY ST, 61,94 A ESy ED I NATURE TRAIL SIGNAGE 4TY✓')� � -- � - - $�ENIC OVERLOOK � �1JR PARCEL 1�4.4(i RCRESI � ^.1111 - SITTING AREA ` �. / I NATURE 3RAJ _ I + I I I I I I I I II I I I United City of Yorkville yoWVVLE Yorkville Parks&Recreation Dept SCALE 1X50'0' 800 Game Farm Road 201 W.Hydraulic St. Yorkville,Illinois 60560 Yorkville,Illinois 60560 CONCEPTUAL PLAN FEBRUARY 24,2011 ` Telephone:630.553.8545 Telephone:630.553-4341 Fax:630-553-3436 p+ S8 c ir4xJ Fax:630-553-4347 DRAWN BY:LAURA SCHRAW NORTH 0 CIP Reviewed By: Agenda Item Number J� $ 06 Legal El NB, #5 Finance ❑ ESL -� 1836 Engineer ■ -_� City Administrator E] Tracking Number .4 City y Human Resources El� wn sw _© Community Development ❑ PW 2012-53 � Police F-1 Public Works ❑ Agenda Item Summary Memo Title: Rush-Copley—Phase I Meeting and Date: PW Committee— September 18, 2012 Synopsis: LOC Release Consideration Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Consideration of Approval Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: D C/ J_ fi 0 Memorandum To: Bart Olson, City Administrator 1836 From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Lisa Pickering, Deputy City Clerk �I E Date: September 5, 2012 Subject: Rush-Copley—Phase 1 Background The City Council accepted the public improvements for the above referenced project on October 25, 2011. Accordingly, the letters of credit were reduced to 10% of their original value per City Code for the one year warranty period. We have recently visited the project site and have found all items to be in acceptable condition. Therefore we are recommending release of Old Second Bank LOC 460101002503 ($110,609.69) which was in place for the Phase 1 Sitework and Old Second Bank LOC #301000548 ($102,607.51) that was in place for the Phase 1 Healthcare Center facility. Proposed Action At this time, we ask that the Committee and ultimately the City Council consider approving the release of the letters of credit. If you have any questions or require additional information, please let us know. 'J�'` ,� United City of Yorkville EST. ENO 1836 County Seat of Kendall County 800 Game Farm Road j11 Yorkville, Illinois, 60560 'A,. -„ 0 Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.yorkville.il.us December 14, 2011 Scott Vickers Old Second National Bank 1200 Douglas Road Oswego, IL 60543 Re: Rush-Copley Phase 1 Letter of Credit 460101002503 Rush-Copley Phase 1 Letter of Credit#2987 Dear Mr. Vickers, At their meeting on October 25, 2011,the Yorkville City Council accepted the improvements as noted in the Bill of Sale for Rush-Copley Phase 1. The City Council also approved a reduction to a letter of credit for Rush-Copley Phase 1. Old Second Letter of Credit#60101002503 was reduced by the amount of$110,609.69. The remaining letter of credit amount should be$104,613.80,which will remain in effect until the expiration of the one year warranty period on October 25, 2012. At their meeting on December 13,2011,the Yorkville City Council approved a reduction for the Rush-Copley Phase 1 Letter of Credit#2987. Letter of Credit#2987 was reduced by the amount of $149,804.42. The remaining letter of credit amount should be $102,607.51,which will remain in effect until the expiration of the one year warranty period on October 25, 2012. Sincerely, zz4 �_tz� Beth Warren City Clerk 0 CIP Reviewed By: Agenda Item Number J� $ 06 Legal El NB, #6 Finance ❑ ESL -� 1836 Engineer ■ -_� City Administrator E] Tracking Number .4 City y Human Resources El� wn sw _© Community Development ❑ PW 2012-54 � Police F-1 Public Works ❑ Agenda Item Summary Memo Title: 2012 MFT Maintenance Program Meeting and Date: PW Committee— September 18, 2012 Synopsis: Consideration of Change Order 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. _ 1836 From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. <C Ec° Lisa Pickering, Deputy City Clerk Date: September 5, 2012 Subject: 2012 MFT Maintenance Program Backl4round The contract was awarded to D Construction, Inc. in the amount of$30,247.10 at the August 28, 2012 City Council Meeting. The City Council previously approved a resolution authorizing expenditures up to $50,000 at the June 26, 2012 meeting. Proposed Action Attached, please find a change order for additional patching work to be performed along Kennedy Road up to the authorized amount. The work is proposed to take advantage of the good bid prices that were received. At this time, we ask that the Committee and ultimately the City Council to consider approving the Change Order. If you have any questions or require additional information, please let us know. CHANGE ORDER Order No. 1 Date: September 5, 2012 Agreement Date: NAME OF PROJECT: 2012 MFT (12-00000-00-GM) OWNER: United City of Yorkville CONTRACTOR: D Construction, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: 1) Addition of Class D Patches, 4" 245 SY @ $30.00/SY $7,350.00 2) Addition of Hot-Mix Asphalt Surface Removal, 2" 900 SY @ $3.00/SY $2,700.00 3) Addition of Hot-Mix Asphalt Surface Course, Mix "C", N50 104 Ton @ $93.00/Ton $9,672.00 4) Addition of Bituminous Materials (Prime Coat) 90 Gallon @ $0.01/Gallon $0.90 5) Addition of Aggregate (Prime Coat) 2 @ $0.01/Ton $0.02 Change of CONTRACT PRICE: Original CONTRACT PRICE: $ 30,247.10 Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S) $ 30,247.10 The CONTRACT PRICE due to this CHANGE ORDER will be (increased)(d°Ga�a) by: $ 19,722.92 The new CONTRACT PRICE including this CHANGE ORDER will be $ 49,970.02 Justification: 1-5) Existing pay items that are adjusted to increase quantity to match available funds. C:\Users\Mostreko\Desktop\Change Order 1.doc Change to CONTRACT TIME: The contract time is increased/^'°^�sed by 0 days. Requested by: D. Construction, Inc. Recommended by: Engineering Enterprises, Inc. Accepted by: United City of Yorkville C:\Users\Mostreko\Desktop\Change Order 1.doc Reviewed By: Agenda Item Number 6 Legal ❑ NB #7 Finance ❑ EST. -� __ti 1838 Engineer ❑ -- City Administrator ■ Tracking Number Human Resources ❑ `=Q Community Development PW 2012-55 Police ALE � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Water Shut Off Procedures Meeting and Date: Public Works— September 18, 2012 Synopsis: Discussion of City's water shut off procedures. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Discussion Submitted by: Jeff Weckbach Administration Name Department Agenda Item Notes: `,SAD C►p 00 Memorandum To: Public Works Committee EST. 1836 From: Jeff Weckbach, Administrative Intern co Bart Olson, City Administrator .y� p Date: September 13, 2012 QW* Subject: Water Shut Off LLE '► Summary: An annual review of water shut off procedures. Background: During every shutoff process, the City receives a handful of complaints and comments from residents whose water has been shut off. These can range from threats of litigation, to pleas for special treatment, to constructive criticism of the process. We find it helpful for the City Council to review the water shutoff procedures every year to either take these comments into account, or to affirm our existing process. The next time a resident contacts the City to comment on the water shutoff process, we can relay to the residents that the City Council takes their comments seriously and reviews the shutoff procedures every year. Currently water bills are mailed out on every odd month. Water bills become delinquent 30 days after they are mailed out. After becoming delinquent, a second bill is sent to residents giving them 10 days to pay the bill, or the City will shut off water. The City does allow for residents to work out a payment plan with the Finance Director in order to avoid water shut off. The payment plan allows a resident to pay back a delinquent bill over an 18-month period(at maximum), as long as they make prompt payments every month. A sample payment plan is attached. A citizen expressed concerns to Alderwoman Spears in relation to the procedure for water shut offs and the process by which the City conducts them. The citizen expressed the late notice for water bills had the shutoff date listed in a way which was "easy to miss." The citizen then offered some suggestions related to the shut off procedure, including a larger or bolder font displaying the shut off date and sending the water bill without any other information in the envelope as the extra information distracts from the bill itself. Another comment that was forwarded to staff this year was from a property owner and landlord in town. This particular landlord had a tenant who was behind on their water bill payments and rent, and the landlord was in the process of evicting the tenant. The landlord had encouraged the City to shut off the water to the premises in order to force the issue of the unpaid water bill, but the resident had signed a payment plan with the City on the shutoff day. The landlord was upset that the tenant had the option of a payment plan, because the landlord is ultimately responsible for any bill incurred by their tenant. In this case, our City Code authorizes any"water service customer"the option of a payment plan. Our definition for"water service customer" includes tenants and landlords. However, our water payment plan contained a clause that required the landlord to approve the tenant's payment plan. So in this particular case, the landlord simply rejected the payment plan application by the tenant, and the tenant was sent a notice for immediate payment. Analysis: In regards to making the shut off date larger or bolder, that is something which could potentially draw someone's eye to it, and should not require significant staff time. Finally, excluding important information from being placed in the envelope with the water bill would require the city to send out separate letters resulting in increased postage costs as well as staff costs. The landlord-tenant payment plan issue illustrated above is one that the landlord can prevent under the current City Code. Any landlord may put the utility account in their name and wrap the utility bill into the regular monthly rent. Thus, the landlord can avoid having to cover a tenant's unpaid utility bill. For this reason, we think that payment plans should be available to renters without the landlord's consent, as is contemplated within the City Code. We would recommend that the City's payment plan application be changed to remove the landlord's permission for the payment plan. Recommendation: Staff recommends the committee review the shut off process. D clr� United City of Yorkville J= Lp County Seat of Kendall County �g3g eEST ® 800 Game Farm Road �= Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 cEwti` Website: www.yorkville.il.us UTILITY BILLING PAYMENT PROMISSORY NOTE AGREEMENT This agreement is between The United City of Yorkville and Utility Billing Customer for the purpose of arranging a payment schedule to pay all past due utility billing amounts unpaid on Account# (if this is a rental property,please provide Landlord's name &contact information as they will be advised&need to agree to this payment agreement.) Your accounts reflects a total past due balance in the amount of In order to eliminate this past due balance, a payment in the amount of$ will be due by the 20th day of the month until the account is paid in full. Failure to make any of the required payments by the 20th of the month will result in the REMAINING AMOUNT BECOMING IMMEDIATELY DUE AND YOUR UTILITY SERVICE TERMINATED. Should your utility service be terminated full payment for the account and any additional charges will then be required prior to service being restored. Additional charges that may be incurred due to non-compliance with this payment agreement are as follows: Restoring service following a shut-off $25.00 NSF-returned check $35.00 Overtime required for turn-on $50.00 Out of City Limits Account $10.00 Pursuant to United City of Yorkville Ordinance No. 2010-14 all delinquent sums are to be paid in full within eighteen (18) months of this payment agreement. Please note that your total past due amount of is due in full no later than I agree to the terms and conditions of this promissory note agreement as signified by my signature below. Date: Phone Number: Print Name Service Address: Utility Billing Customer Signature Landlord name and address: Accepted date: Finance Director Reviewed By: �� •s► Legal Agenda Item Number Finance ❑ NB #8 EST. -� _ 1838 Engineer ❑ City Administrator 0 Human Resources ❑ Tracking Number Community Development PW 2012-56 A ��' Police F-1 LE Public Works 0 Parks and Recreation ❑ Agenda Item Summary Memo Title: Briarwood Subdivision—Cornerstone Development Group Proposal Meeting and Date: Public Works September 18, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator CC: Date: September 12, 2012 Subject: Cornerstone development proposal LJILL E�% Summary A proposal for subdivision completion and early acceptance from the Comerstone/Briarwood subdivision developer. Background This item was last discussed by the Public Works Committee in November 2010. Minutes from that meeting are attached. At that meeting, the developer was seeking a bond reduction from completed work, and was seeking to move towards acceptance of the subdivision infrastructure, even though City codes require 75% of a subdivision be completed prior to City acceptance. Cornerstone currently has 6 homes out of 41 built. At that time, the Committee was not interested in the early acceptance of the subdivision. With the recent renewed interest by the City Council in cleaning up development issues, the Cornerstone developer has continued to work with City staff to complete the outstanding punch list items and work towards early City acceptance of the subdivision improvements. Staff has been consulting with the developer for the past several months to update punch lists and to affirm the developer's current offer to complete the punchlist in exchange for early acceptance of infrastructure. A proposal is on the table to complete the outstanding punchlist with one change related to security for parkway trees and sidewalks. Proposal The Cornerstone development currently has $477,576 in security bonds outstanding to complete the remaining punchlist items. The punchlist for the subdivision is attached. The developer has agreed to complete all items on the punchlist except for installation of sidewalks and parkway trees, in exchange for the City accepting the subdivision immediately after completion. Upon completion of the punchlist items, the outstanding security bond will be reduced from $477,576 to $155,030 for a period of one year after completion of the punchlist items which request is consistent with City code (Warranty Period). Upon the expiration of the warranty period, the City would release the warranty bond and retain a sidewalk and parkway tree bond in the amount of$50,000 as specified below. The parkway trees and sidewalks represent a unique issue among infrastructure because they are a developer obligation, but are almost never installed until time of home construction and are usually installed by the homebuilder. However, in most subdivisions in Yorkville this obligation is either explicitly transferred to the builder whenever the builder purchases the lot from the developer, or the obligation is moot because the builder and the developer are the same entity. In Cornerstone's case, the subdivision developer only owns 3 out of the remaining 35 lots and no transfer of parkway trees and sidewalk obligations ever took place between the developer and current lot owners. Thus, the developer still has a bond amount with the City to complete parkway trees and sidewalks. The City's preference is that the parkway trees and sidewalks not get installed until home construction, as earlier installation is likely to result in the items being destroyed during the home construction process. The developer's proposal for sidewalks and parkway trees would be to remove those items from the traditional acceptance process and retain a bond amount for future installation of the parkway trees for a period of five (5) years after completion of the punch list items if the individual builders fail to install the sidewalk and parkway trees. Upon the expiration of the five (5) year period, the $50,000 sidewalk and parkway tree bond would be released by the City. The developer would complete all other items on the punchlist, the City would verify the items are complete and move into the warranty period, and then the City would accept the infrastructure at the end of the warranty period(except for the sidewalk and parkway trees). Prior to the City releasing the maintenance bond, the developer would post a letter of credit or bond with the City equal to $50,000 in the event that the lot owners/builders fail to complete the sidewalks and parkway trees within said five (5) year period. The reason staff and the developer have proposed $50,000is because the developer is at a point that it cannot afford to continue to carry a bond equal to the full value of the parkway trees and sidewalks (approximately$100,000), and to call the bond and/or litigate the bond call would cost the City tens of thousands of dollars. So, the middle ground of$50,000 of value of the parkway trees and sidewalks is proposed. Recommendation While staff cautions against the long term maintenance cost of early acceptance of subdivision infrastructure, the partially completed infrastructure in all unfinished subdivisions can be even more expensive to the City to stabilize and complete when a developer goes under or when security bond values are eclipsed by the increasing cost of infrastructure each year. In several cases around the City, we have seen bonds put up by developers in 2004 cover only a fraction of the cost of incomplete infrastructure in 2012. For these reasons,we recommend the City accept the infrastructure as soon as it is completed by the developer, even if the subdivision is less than 75%built out and the parkway trees and sidewalks are not completed and bonded at $50,000. The current policy issue is whether or not to allow specific prairie grass plant mixes to grow beyond 8". A change would enable slow growing prairie grasses to reach a height of 3 feet. Currently, a variance would be required. The Tomse's support this recommendation, as the property right next to theirs, has not been developed and currently is unsightly. Allowing prairie grass to grow would be an aesthetic improvement. Alderman Gilson agreed that in the case of the Tomse's, this policy change would be beneficial, but expressed concerned about allowing this on smaller tracts of land. Alderman Plocher suggested altering the policy so that is would only be allowed for properties one acre or larger. After further discussion, the Committee tabled the issues until the December 21, 2010 meeting. At this time, the Committee requested to discuss Item #5, under New Business. PW 2010-74 Cornerstone—Potential Bond Reduction #3 Mr. Pete Huinke, Cornerstone Development Group, is requesting a reduction of the current $450,000 bond. Mr. Huinke stated they desire to complete the subdivision as proposed, but based upon existing economic conditions, the project cannot be completed at present. Mr. Dill, owner, reviewed the manner in which the proposed development has proceeded and the effect of the current economy on the completion of this project. The last credit reduction was in October 2004. Last year, the developer attempted to work with the City to get rid of the letter of credit. The developer claims they were told to complete the Sewer and Water punch list and then the credit issue would be resolved. It's been a year, the current bonds, which represent only 1/3 of the total cost of the project, still exist, but all that is left is the final lift. Mr. Dill expressed a willingness to promise to do the final pave in the Spring, but he is requesting a release of the bonds. Currently, he is unable to pay the existing bonds. City Engineer Wywrot tried to summarize current situation and his recommendation. He noted in the past the City had eliminated letters of credit for when only parkway trees and sidewalks remained. However, the City no longer does this as they consider trees and sidewalks as land improvements. Though typically builders are responsible for these items, it is administratively prohibitive to hold individual builders responsible. City Engineer Wywrot stated that in order to protect the City's interest, the $400,000 plus bond is not excessive. Alderman Plocher stated his agreement with Engineer Wywrot. The bonds exist for a reason. Alderman Gilson stated that he is very interested in seeing the subdivision completed; however, the City must keep the protections in place. Mr. Dill feels he was mislead by the City when he asked what he needed to do to get 2 off the letter of credit. He feels he completed the items he was he was told to; but the City is not unwilling to release the bonds. The Public Works Committee determined that they would not release the bonds as requested by the developer. At this time, the Committee returned to the normal agenda. New Business 1. PW 2010-67 Updated 6-Year Capital Improvement Program City Engineer Wywrot explained that the document is divided into Water, Sanitary, Roads and Misc. improvements. There is a lot of work; however, it is recognized that this is a long term projection. It is a work in progress and enables the City to plan for the future whenever monies are available. Projects were prioritized as to what projects are coming up as well as engineering work that needs to be done in order to position the City for federal monies. City Engineer Wywrot noted that the City's salt dome project was deleted but instead but a project to buy into the County's salt dome project as added. This would be a great future cost savings for the City, allowing for salt storage without the cost of building our own facility. Public Works Director Dhuse noted this would enable us to be able to buy salt after season at a greater cost savings because we would have a place to store the salt. 2. PW 2010-69 River Road Bridge Replacement—Intergovernmental Agreement The proposed intergovernmental agreement with Kendall County would is designed so that the County covers 80% of the cost of Phase 1 & 2 Engineering and the City 20%. The county has agreed to front fund the our share until next fiscal year at which time we would repay them from MFT next year. The estimated total of the city obligation would be around $600,000. City Manager Olson explained that there is approximately $400,000 in the MFT that could be pledged with an additional $350,000 from the State Illinois Jobs Now Program. This project addresses the urgent need for the bridge repair. Alderman Gilson clarified that the proposed city contribution, of approximately $600,000 includes everything. Engineer Wywrot reiterated that this money covers all three phases of the project. Alderman Gilson expressed his concerns that the existing MFT funds could be used for other projects such as patching, salt, etc. He is not sure that this project should be a priority. 3 HRGreen September 12, 2012 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Cornerstone Subdivision— Punch List Project No. 88120394 Dear Ms. Noble: We have reviewed the punchlist items with the developer. It is our request that if these items are completed that the current bond will be released and the subdivision be placed in a maintenance bond. We offer the following responses to the comments in the letter prepared by your consultant EEI, dated August 21, 2012. Comment 1: The following inverts and/or pipe slopes should be confirmed/revised: • Storm sewer from 404 to 402 (page 5) • Storm structure 424 (page 5) • Sanitary MH 408 (page 5) • Storm sewer from 236 to 238 (page 7) • Storm sewer run 237 (page 10) Response 1: We will re-survey those structures to verify elevations and slopes. Comment 2: Stormwater does not appear to drain to the inlets located in the eyebrow of Westwind Drive. Grades should be confirmed. Response 2: A portion of the curb in the eyebrow area will need to be removed and replaced (approximately 75 feet). Comment 3: The berm located along the eastern boundary of the residential portion of the development appears to be too steep and may need to be regraded. The slopes of the berm need to be confirmed. Response 3: It appears that the areas that are steep were adjacent to the temporary stockpiles that have been removed. These areas will be filled and regraded and seeded. HRGreen.com Phone 630.553.7560 Fax 630.553.7646 Toll Free 800.728.7805 651 Prairie Pointe Drive,Suite 201,Yorkville,Illinois 60560 Ms. Krysti Barksdale-Noble United City of Yorkville Cornerstone Subdivision—Punch List Project No.88120394 September 12,2012 Should you have any questions, please contact me. My direct line is 630-708-5003. Sincerely, HR Green, Inc. Veterinker, P.E. LEED AP Operations Manager PJH/jmk cc: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Lisa Pickering, Deputy Clerk Mr. Gerald Dill, Triangle Investments Mr. Vincent M. Rosanova, Rosanova&Whitaker, Ltd. JWF, EEI \\h rgyvnas\Data\88120394\Desig n\Corr\Ilr-com ment-091212-noble.docx HRGreen.com HRGreen September 12, 2012 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 RE: Cornerstone Subdivision—Punch List Project No. 88120394 Dear Ms. Noble: We have reviewed with the developer, the comments in the letter prepared by your consultant EEI, dated August 21, 2012. Below is a point by point response to that letter: General Comment 1: Record drawings have been submitted and comments will be provided under separate cover. Once the record drawings are approved,two full-size prints and a digital copy to be imported into the City's Base Map and GIS System will need to be provided. Response 1: This information will be provided once the record drawings have been approved. Comment 2: All miscellaneous debris piles, including small topsoil stockpiles need to be removed from the site. Response 2: The developer has agreed to remove the piles on the lots that he currently owns. The remainder of the piles will need to be addressed by the current property owners. Roadway Comment 3: The roadway signage on Cornerstone at Westwind Drive and Wood Sage Avenue needs to be installed. Response 3: The developer has agreed to provide the funding to the City for the installation of the signs. Comment 4: All lots, when built upon, will require the sidewalk to be constructed. HRGreen.conn Prone 630.553.7560 Fax 630.553.7646 Toll Free 800.728.7805 651 Prairie Pointe Drive,Suite 201,Yorkville,Illinois 60560 Ms. Krysti Barksdale-Noble United City of Yorkville Cornerstone Subdivision—Punch List Project No.88120394 September 12,2012 Response 4: Noted, if is our understanding this will be the responsibility of the lot owner to install during home construction. Comment 5: All curbs must be backfilled. Response 5: The developer has agreed to backfill the curb that has not already been completed. Comment 6: We have identified and field marked curb and gutter for removal and replacement. Response 6: We have walked the curb marked in the field with Public works and propose that approximately 400 feet of curb will need to be removed and replaced and the remaining 200 feet of curb that was marked will be repaired with an approved epoxy fill. Comment 7: Stormwater does not appear to drain to the inlets located in the eyebrow of Westwind Drive. Grades should be confirmed. Response 6: It has been identified that there will be some curb removal and replacement in this area to provide positive slope to the storm inlet. Comment 8: We have field marked asphalt binder course that will need to be removed and replaced prior to the placement of the surface course. Response 8: We have measured those pavement markings to be approximately 625 square yards of pavement removal and replacement needed. Comment 9: The bituminous surface course needs to be installed. Response 9: Agreed. Storm Sewer Comment 10: Fillets need to be installed and/or repaired at the following structures: 424, 4286, 334, 336, 242, 240, 238, 234, 218, 320, 324, 328, 330, 330A. HRGreen.com Ms. Krysti Barksdale-Noble United City of Yorkville Cornerstone Subdivision—Punch List Project No.88120394 September 12,2012 Response 10: Will install/replace. Comment 11: The broken extension ring on structure 330 needs to be removed and replaced. Response 11: Will remove and replace. Comment 12: All storm sewers need to be televised and the subsequent tapes/logs submitted for review. Response 12: Will provide the tapes for review. Comment 13: Rungs need to be added to structures 220, 410 and 4248. Response 13: Will add as requested. Comment 14: Adding soil/regrading needs occur around end sections 200, 247, 300, 400, 500 and 502. Response 14: Will add/regrade as requested. Comment 15: Rip rap needs to be placed around structures 200, 300 and 400. Response 15: Will be placed. Comment 16: Debris needs to be removed from structures 218 and 220. Response 16: Will be removed. Comment 17: The lid on structure 406 needs to be replaced with "City of Yorkville Storm". Response 17: Will be removed and replaced. HRGreen.com Ms. Krysti Barksdale-Noble United City of Yorkville Cornerstone Subdivision—Punch List Project No.88120394 September 12, 2012 Comment 18: The end section at structure 500 is not per plan. This needs to be corrected. Response 18: Will be corrected. Comment 19: The restrictor openings at structures 246 and 431 are not per plan. This needs to be corrected. Response 19 Will be installed. Comment 20: Structure 406 has over 2' of adjusting rings. 8" maximum is allowed. Remove rings and add barrel section. Response 20: Will remove rings and replace with barrel section. Sanitary Sewer Comment 21: A step needs to be added in Manhole 414. In addition the debris needs to be removed. Response 21 Will add the step and remove debris. Comment 22: The sanitary sewer trench that runs to Route 47 has settled and needs to be backfilled. Response 22: Currently being farmed. Will fill in if needed. Comment 23: Marking posts for the sanitary services need to be reinstalled. Response 22: Will install posts. Water Comment 24: FH 620 is located 8'from back of curb to center of hydrant. The hydrant should be relocated 23' from back of curb per plan. In addition, provide for full 18" swing. HRGreen.com I Ms. Krysli Barksdale-Noble United City of Yorkville Cornerstone Subdivision—Punch List Project No.88120394 September 12, 2012 Response 24: Per the follow up e-mail from EEI, the hydrant will only need to be raised and not relocated. Comment 25: The chain on structure 623 needs to be repaired. Response 25: Will repair as requested. Comment 26: Structure 601 needs to be adjusted to final grade. Response 26: Will adjust as requested. Comment 27: Marking posts for the water services need to be reinstalled. Response 27: Will reinstall as requested. Landscaping Comment 28: Within the rear yards of lots 33-39,there is a large area that appears to be holding water.Storm sewer does exist in the area. The area need to be investigated and possibly regraded to provide for positive drainage. Response 28: We will be providing temporary pvc connections to connect to the existing storm sewer. Currently the rims on the manholes are higher than the adjacent ground. Once the lots are built with homes, the temporary drains can be removed. Comment 29: The berm located along the eastern boundary of the residential portion of the development appears to be too steep and may need to be regarded. The slopes of the berm need to be confirmed. Response 29: This area will be filled and seeded. Comment 30: There appears to be landscaping encroaching into the detention basin. Notices have been provided to the homeowner, but the situation remains unresolved. Response 30: It is our understanding that this area is from an existing resident, who the City will coordinate with. HRGreen.com Ms. Krysti Barksdale-Noble United City of Yorkville Cornerstone Subdivision—Punch List Project No. 88120394 September 12,2012 Comment 31: All non-approved trees that are growing with the detention basins need to be removed. Response 31: The unapproved trees will be removed. Comment 32: Current monitoring reports for the retention basins need to be provided. Response 32: No monitoring reports are available, but a current report will be provided regarding the existing facilities. Comment 33: Three trees installed on the south berm,west of Cornerstone Dr. appear to be dead. These should be removed and replaced with same species. Response 33: Will remove and replace as requested. Comments 34: All lots,when built upon,will be required to plant the appropriate number of parkway trees from the City's Approved Parkway Tree List in effect at the time of build-out. Reference"Final Overall Landscape Plans" in engineering plans for specific locations,quantity, and species. Response 34: Noted, it is our understanding that he trees will be installed by the individual lot owners when the homes are built. Should you have any questions, please contact me. My direct line is 630-708-5003. Sincerely, HR G c. Peter J. Huinker, P.E. LEED AP Operations Manager PJH/jmk cc: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Lisa Pickering, Deputy Clerk Mr. Gerald Dill, Triangle Investments Mr. Vincent M. Rosanova, Rosanova &Whitaker, Ltd. JWF, EEI Ni rgyvnas\Data188120394\Desig n\CorrVtr-comme nt-091212-noble2.docz HRGreen.com Reviewed By: �� •s► Legal Agenda Item Number Finance ❑ NB #9 EST. -� _ 1838 Engineer ❑ City Administrator 0 Human Resources ❑ Tracking Number Community Development PW 2012-57 AL E ��' Police F-1 Public Works 0 Parks and Recreation ❑ Agenda Item Summary Memo Title: Dairy Queen security proposal Meeting and Date: Public Works— September 18, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator ' CC: Date: September 12, 2012 Subject: Dairy Queen Proposal LLE�% Summary A proposal to use an alternate form of security for the Dairy Queen building construction. Background The City Council approved an incentive agreement for Aniri LLC (Dairy Queen) at the September 1 la'meeting. At this time, Aniri LLC has applied for and completed the building permit process and will be starting work on site this weekend, weather permitting. As part of the site development and building permit process, Aniri LLC is required to post $130,659.10 worth of performance guarantees. Under the City's current codes, acceptable performance guarantees may only come in the form of a letter of credit or bond. Aniri LLC's attorney Dan Kramer came to staff this week and informed us that the current development and banking environments are extremely unfriendly towards the issuance of letters of credit and bonds. Letters of credit are almost entirely unavailable to developers, and bonds are still available, although only to long-standing businesses and at very high prices. With those concerns, he proposed an alternate form of security involving Aniri LLC's construction loan. Proposal The proposal for alternate security involves City verification of the existence of the construction loan proceeds, City verification that the amount of the loan proceeds will cover all construction on site, City approval of all amounts disbursed to contractors for payment of work performed, and City access to the proceeds should the project be unfinished. All of the above would be completed prior to City Council approval, currently scheduled for September 25th. City Council approval would consist of a written agreement between the City and Aniri LLC. Attorney Kramer will be present on Tuesday to explain the details of the proposal, and to present the committee with draft language. The draft agreement language will be reviewed and signed off on by Attorney Orr prior to City Council approval. This form of alternate security, commonly called a"pledged account", is explicitly allowed in the City Code for construction of public improvements that are bid out by the City. However, no provision for this form of security was made for private improvements. All improvements on the Dairy Queen lot are considered private improvements. Recommendation Staff is accepting of the use of a pledged account as a form of security. The agreement between the parties will still need to be drafted prior to staff recommendation of the ultimate proposal. Engineering Enterprises, July 27, 2012 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Dairy Queen Grill and Chill United City of Yorkville Kendall County, Illinois Ms. Barksdale-Noble, VVe have received the plans dated July 19, 2012, prepared by HR Green. Our review of these plans is to generally determine the plan's compliance with United City of Yorkville ordinances and whether the improvements will conform to existing City systems and equipment. This review and our comments do not relieve the designer from his duties to conform to all required codes, regulations, and acceptable standards of engineering practice. Engineering Enterprises, Inc.'s review is not intended as an in-depth quality assurance review. We cannot and do not assume responsibility for design errors or omissions in the plans. As such, we offer the following comments: 1. We find the plans to be in compliance with the City's ordinances and support the issuance of a building permit, subject to the comments listed below. • The engineer's estimate has been approved at $118,781.00. Therefore a performance guarantee in the amount of $130,659.10 should be provided to the City prior to the issuance of a building permit. • A preconstruction conference should be scheduled prior to any site work beginning with our office. Road,52 Wheeler Sugar Grove, 60554 • 1 466-6700 • 1 466-6701 fax— www.eeiw'• • Ms. Krysti Barksdale-Noble July 27, 2012 Page 2 of 2 2. We have attached the site development permit for your records. If you have any questions or require additional information please call our office. Respectfully submitted, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President BPS/swm pc: Mr. Bart Olson, City Administrator Ms. Krysti Barksdale-Noble, Community Development Director Mr. Peter Ratos, Building Department Mr. Eric Dhuse, Director of Public Works Ms. Lisa Pickering, Deputy Clerk Ms. Dee Weinert, Building Department Administrative Assistant JWF, EEI G:\Public\Yorkville\2012\YQ1221-DR 704 E.Veterans Parkway-Dairy Queen\Docs\lcofy-plan review02.doc fir 1 • DAIRY QUEEN GRILL&CHILL UNITED CITY OF YORKVILLE 1 HR GREEN JOB NUMBER:88120249 PLAN SET DATE:07-19-12 LOCATION:LOT 2 HEARTLAND CIRCLE HRG I een REVISED: 7124/2012 I ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS PAY ITEM UNITS UNIT COST QUANTITY COST 1.00 IEARTHWORK AND EROSION CONTROL 1.01:SILT FENCE/EROSION CO_ NTROL W/MAINTENANCE FOOT $ 3.00 31fi $ 945.00 1.02 TREE/BUSH REMOVAL EACH $ 175.00 . 2 $ 350.00 1.03 SIGN REMOVAL EACH $ 50.00 5 $ 250.00 1.04 EARTH EXCAVATION CU,YD, $ 25.00 120 $ 3,000.00 1.05'TEMPORARY FABRIC BETWEEN TWEEN INLET FRAME AND LID EACH $ 50,00 8 $ 400.00. 1,06 TOPSOIL RESPREAD CU.YD. $ 15.00 130 $ 1,950.00 1.00 Sub-Total `S 6,895.06 PAY ITEM UNITS UNIT COST QUANTITY COST 2.00 PARKING LOT CONSTRUCTION CONCRETE 2.01 ADA DETECTABLE WARNING SQ.FT. $ 18,00 50 $ 900.00 2.02 IP.C.C.SIDEWALK 5"WITH 5"AGG.SUBBASE SQ,FT. $ 7.50 1,121 $ 8,408.00 2.03 P.C.C.INTEGRAL CURB&SIDEWALK 5"WITH 5"AGG.SUBBASE SQ,FT, $ 13.00 508 $ 6,578.00 2.04 CONCRETE BARRIER CURB FOOT $ 1000 515 $ 6,150.00 2.05 COMBINATION CONCRETE CURB AND GUTTER TYPE B-6:12 FOOT $ 25.00 41 $ 1,020.00 2.06 P.C.C.CONCRETE PAVEMENT WITH WIRE MESH 6" WITH 7"AGG.SUBBASE SQ.FT. $ 12,00 917 $ 11,004.00 2.07 P.C.C.STRUCTURE APRON EACH $ 250.00 4 $ 1,000.00 2.08 COMBINATION CONCRETE CURB AND GUTTER REMOVAL FOOT S 15.00 259 $ -- 3,885.00 2,09,PRECAST CONCRETE PARKING BUMPER EACH S 150,00 r 2 $ 300.00 PAVEMENT 2,10 AGGREGATE BASE COURSE MATERIAL(CA-6). 10°TYPE B OR APPROVED EQUAL SQ..YD. $ 13.00 672 $ 8,739.00 2.11 BITUMINOUS MATERIALS PRIME COAT MC-30,0.35 GALJSY GAL. $ !. 1,50 235 $ 353.00 212 HOT-MIX ASPHALT BINDER COURSE IL-19.0 N50 2.25" TON $ 90.00 - 67 $ 7,828.00 2.13 HOT-MIX ASPHALT SURFACE COURSE MIX"D" N50 1.5" TON $ 95.00 58 $ 5,509.00 2.14 AGGREGATE BASE COURSE CRUSHED STONE(CA-6,TYPE B 4" UNDER CURB) SQ,YD $ 6.25 77 $ 484.00 2.15 FINE GRADE PARKING LOT St YD. $ 0.75 750 $ 563.00 2.1fiPAVEMENTREMOVAL I SQ YD. $ 6000 330 $ 1,98000 2.O0Sub-Total $ 64.701,00 PAY ITEM UNIT UNIT COST QUANTITY COST 3.00 STORM SEWER CONSTRUCTION 3.01 TRENCH BACKFILL CU.YD. $ 26.00 50.$ 1,300.00 3.02 STORM SEWERS,CLASS A,TYPE 2,12" _ FOOT $ 24.00 167 $ 4,008.00 3.03 ADJUST MANHOLE STRUCTURE FRAME&LID) EACH $ 800,00 1 $ 800,00 3.04 CATCH BASIN,TYPE C,2'DIAMETER,T1 F OL EACH $ 1,000.00 4 $ 4,000.00 3.05 CONNECTION TO EXISTING STORM SEWER MANHOLE EACH $ 1,000.00 i'S 1.000.00 3:00 Sub•Tatal $ 11,108.00 PAY ITEM UNIT UNIT COST QUANTITY COST 4.00 WATER MAIN CONSTRUCTION 4.01 TRENCH BACKFILL CU,YD, S 2600 46 $ 1,196,00 4 02 CORPORATION STOP SERVICE CONNECTION ON EXIST.12"MAIN EACH $ 35000 1 $ 350.00 4.03 1 1/2-INCH COPPER WATER SERVICE FOOT $ 15.00 130 $ 1,950.00 4.04 CURB STOP - EACH $ 500.00 1 $ 500.00 4.00 Sub-Total $ 3,996.00 PAY ITEM UNIT UNIT COST QUANTITY COST 5.00 SANITARY SEWER IMPROVE PROVEN! 5.01 TRENCH BACKFILL CU YD $ 2600 10 $ 260.00 5.02 5-INCH SDR 25,PVC,SANITARY SEWER 1 FOOT $ 2600 611 $ 1,586,00 5-03 CONNECTION TO EXISTING SANITARY SEWER MANHOLE EACH $ 850,00 1 $ 850.00 5.04 750-GALLON GREASE TRAP EACH $ 7,000.00 1 $ 7 000.00 5.05 SANITARY MANHOLE(INSPECTION) EACH $ 2,500.00 1 $ 2,500,00 5.00:Sub-Total $ 9,696.00 7/24/2012 88120249 OPC_DQ-07-19-2012:As Page 1 of 2 DAIRY QUEEN GRILL&CHILL UNITED CITY OF YORKVILLE HR GREEN JOB NUMBER:88120249 PLAN SET DATE:07-19-12 LOCATION:LOT 2 HEARTLAND CIRCLE H R re e n ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS REVISED: 7/24/2012 PAY ITEM UNIT UNIT COST QUANTITY COST 6.00 MISCELLANEOUS IMPROVEMENTS 6.01 STRIPING&PAVEMENT MARKINGS(LETTERS&SYMBOLS) LUMP $ 800.00 1 $ 800.00 6.02 1.4"PVC SLEEVES FOR COM EDIAT&T INCLUDING TRENCH BACKFiLL FOOT $ 12.00 40 S 480,00 &.03 4'PVC SLEEVES FOR NICOR GAS FOOT $ 10.00 110 5 1,100.00 6 04 ELECTRIC JUNTION BOX ADJUSTMENT EACH $ 400,00 1 $ 400.00 6.00 Sub-Total - -- --- S 2,780.00 PAY ITEM UNIT UNIT COST QUANTITY COST 7.06 LANDSCAPING IMPROVEMENTS 7.01 LANDSCAPING 1,MPROVE:4fEN15 SEE SEP,DOCUMENT BY HRG FOR ITEMIZED BREAKDOWN) LUMP $ 15,755.00 i $ 15.755 00 7.02 LANDSCAPING REMOVAL EXISTING BED AND SHRUBS LUMP $ 500.00 1 $ 50000 703 REMOVE&MODIFICATIONS TO EXISTING IRRIGATION LINE ON SITE-TERMINATE ZONE LUMP $ 850.00 1 $ 85000 7.1-0 Sub-Total $ 17.105.00 PAY ITEM UNIT UNIT COST QUANTITY COST 8.00 SITE LIGFITINC't 8 01.SITE LIGHTING(RELOCATION OF EXISTING POLE AND REWIRING FOR SEPARATE CIRCUIT) LUMP $ 2,500.00 _5 $ 2,500.00 B.00 Sub-Total - - $ 2.500.00 1,00 EARTHWORK AND EROSION CONTROL. $ 6,895.00 2,00 PARKING LOT CONSTRUCTION 5 64,701.00 3.00 STORM SEWER CONSTRUCTION 5 11;108.00 4.00 WATER MAIN CONSTRUCTION 5 3,936.00 5.011 SANITARY SEWER IMPROVEMENTS 5 9,896.00 6.00 MISCELLANEOUS IMPROVEMENTS 5 2.780.00 7.00 LANDSCAPING IMPROVEMENTS Is, 17,.105.00 8.00 SITE LIGHTING $ 2.500.00 SUBTOTAL COST $ 118,781.00 CONTINGENCY(10%) $ 11,878.10 TOTAL COST(WITH CONTINGENCY) $ 130,659.10 Project Ass umptionslNoteslComments: HRG is not a construction cost estimator or construction contractor,nor should HRG'S rendering an opinion of probable construction costs be considered equivalent to the nature and extent of service a construction cost estimator or construction contractor would provide, HRG'S opinion will be based solely upon his or her own experience with construction. This requires HRG to make a number of assumptions as to actual conditions that will be encountered on site;the specific decisions of other design professionals engaged;the means and methods of construction the contractor will employ;the cost and extent of labor,equipment and materials the contractor will employ;contractor's techniques in determining prices and market conditions at the time,and other factors over which HRG has no control. Given the assumptions which must be made,HRG cannot guarantee the accuracy of his or her opinions of cost,and in recognition of that fact,the CLIENT waives any claim against HRG relative to the accuracy of HRG'S opinion of probable construction cost. ITEMS NOT INCLUDED: SITE SIGNAGE AND MONUMENTS SITE FURNISHINGS BUILDING CONSTRUCTION DECROTIVE FENCING CONSTRUCTION STAKING AND OBSERVATION RECORD DRAWINGS PUNCHLIST REVIEW 7/24/2012 88120249 OPC DQ-07-19-2012,xls Page 2 of 2 ORDINANCE SOIL EROSION &SEDIMENTATION CONTROL ORDINANCE UNITED CITY OF YORKVILLE SITE DEVELOPMENT PERMIT APPLICATION United City of Yorkville OFFICE USE ONLY 800 Game Farm Road Date Received: �I ��- Yorkville, Illinois 60560 ENG Concurrence: x L Approved By: F Date Approved: -7/11/1 Z_ Permit Number: ?•ra1L-7 INDICATE TYPE OF SITE IMPROVEMENT: Subdivision X Fill &Grading Pond Dredging l^ Other: �HAtcAT / J-�V�hIY, Being duly sworn upon his oath, in application for a Permit from The United (applicant) City of Yorkville, Deposes and Says: OWNER'S NAME: Attl ADDRESS: CITY: STATE: ZIP: TELEPHONE: APPLICANT'S NAME: �Sfi, F= � � cay+F-) ADDRESS: CITY: STATE: ZIP: TELEPHONE; ENGINEER'S NAME: -;Tt� _ 1 ADDRESS: CITY: -,ra��, _� STATE: "r-L_ ZIP: r=Qrz 2 TELEPHONE: -S5 - O CONTRACTOR'S NAME: , ADDRESS: CITY: STATE: ZIP: TELEPHONE: MAINTENANCE PERSON'S NAME: 7M% _1_N CITY: STATE: ZIP: TELEPHONE: SITE DEVELOPMENT PLAN: 1. Prepare a site development plan in accordance with Section 404.0 (Submissions) and Section 500.0 (Design and Operation Standards and Requirements) of the Soil Erosion and Sediment Control Ordinance. 2. Attach the legal description of the proposed site on a separate page. 3. COMPLETE THE FOLLOWING INFORMATION: A. Starting date: Alir., 151",:2pkim Anticipated completion date: C),--.-r 31s 2 1.2 B. Acreage of site: 5=�•_S8-y Acreage of project: C)- 3S c,r S C. Date of seeding: alt, -• tca Itss Cv at a�osc c��a t-.a�..c�scA•�►.c�.�) D. Total area filled or excavated: Cubic yards of fill: lC30 C.`f E. Max. depth of fill or excavation:A-SF ry ype of fill: Ste':1r 0-10,w X11[ F. Presence of: Wetlands 1y c-,_ Floodplains t�c7 Woodlands N C G. Water supply for pond: Surface runoff if s Groundwater N/A H. Additional Information: Nat`►� Signature of Owner/Date: Page 16 March 5, 2003 Plan Fee, Deposit,&Construction Guarantee Calculator Development: Dairy Queen Date: 31-Jul-12 Total acreage: 0.35 acres Earthwork Sitework Landscaping Total Approved cost estimate $6,895.00 $94,781.00 $17,105.00 $118,781.00 Review fee(1) $86.19 $1,184.76 $213.81 $1,484.76 Coordination fee(2) $0.00 $0.00 $0.00 $0.00 Admininistration fee(3) $120.66 $1,658.67 $299.34 $2,078.67 Water fee(4) $4.40 $4.40 Public Streetlight Maintenance Deposit(5) $0.00 Street Cleaning Deposit(6) $1,000.00 Weather Warning Siren Fee(7) 0.00 Fee/Deposit total $4,567.83 Required Bond/LOC Amounts $7,584.50 for site development permit $123,074.60 for remaining sitework Notes: 1)Review fee is 1.25%of approved cost estimate unless review is performed by consultant. 2)Coordination fee is 0.35%of approved cost estimate when review is by consultant 3)Administration fee is 1.75%of approved cost estimate 4)Water fee is based on$0.01 per gallon and assumes that the system will be flushed 2.5 times. 5)Streetlight Normal Maintenance deposit is calculated at$300 per pole. 6)Street cleaning deposit to be applied for all developments that include new streets or connect directly to public roadways. 7)Weather Warning Siren Fee is$75.00 per gross acre of the development. Work Category Summary Water fee calculation Earthwork&Erosion Control $6,895.00 Length(feet) Dia(inches) Volume(gal) Fee Parking Lot $64,701.00 0 6 0 $0.00 Storm Sewer $11,108.00 0 8 0 $0.00 Watermain $3,996.00 0 10 0 $0.00 Sanitary $9,696.00 30 12 176 $4.40 Landscaping $17,105.00 0 16 0 $0.00 Miscellaneous* $5,280.00 Total: $4.40 Total $118,781.00 *Includes site demolition,striping,signage,&lighting Refundable Deposit Calculations: Streetlight Normal Maintenance Street Cleaning Number of Poles: 0 Lump Sum deposit of: $1,000.00 Deposit Amount: $0.00 Reviewed By: Agenda Item Number 4 ' �► Legal ❑ OB #1 Finance ❑ EST. -� _�ti W36 Engineer El strator � Agenda Item Tracking Number City Administrator Consultant ❑❑ PW 2012-31 ALE Agenda Item Summary Memo Title: Status of Subdivision Bonds for Incomplete Developments Meeting & Date: PW/ September 18, 2012 Synopsis: A status update of existing bonds/LOCs for incomplete residential subdivisions. Action Previously Taken: Date of Action: 5-15-12 Action Taken: Recommendation Item Number: PW 2012-31 Type of Vote Required: N/A Action Requested: Informational and discussion item. Submitted by: Krysti Barksdale-Noble, AICP Community Development Name Department Agenda Item Notes: See attached staff memorandum. C/l O Memorandum EST. 1836 To: Public Works Committee --� From: Krysti J. Barksdale-Noble, Community Development Director '{ �� CC: Bart Olson, City Administrator Oa= O► �d��o.Ty •Z Brad Sanderson, EEI kE +1� Date: September 11, 2012 Subject: Status of Subdivision Bonds for Incomplete Developments Background& Purpose As the Public Works Committee will recall, this past May staff provided an analysis of current Letters of Credit (LOC) and bonds the City had in place for the various residential subdivision developments. Staff also proposed revisions to the Subdivision Control Ordinance which would implement new policies and procedures fir tracking subdivision completion and strengthen our position should we have to demand a call of a bond or LOC. These proposed revisions were reviewed and recommended by the Plan Commission and subsequently approved by the City Council on August 28, 2012 and are now in effect. The purpose of this memorandum is to update the Public Works Committee on the progress Staff has made on those unfinished residential subdivisions with LOCs or bonds deemed at risk for imminent default since approving these new policies and procedures. Imminent Risk Residential Subdivision From Staff's previous analysis, there were seven ( ) residential subdivisions with bonds/LOCs that are in"imminent"risk of default (or have already defaulted, in some cases)based upon the following criteria: 5+years over LOC/Bond expiration date; no development activity or no recent activity within the last 4+years; and no built-out platted units or less than 10% built out. Those subdivisions identified as in imminent risk for default are: 1. Swanson Lane Estates 2. Westbury Village (East) 3. Whispering Meadows 4. Windett Ridge 5. Prestwick of Yorkville 6. Caledonia 7. Villas at the Preserve Subdivision Status Updates Below is a summary updating the status of the bonds/LOCs for these residential subdivisions. Swanson Lane Estates: This 15-acre development was approved in 2005. The developer established a Letter of Credit in the amount of approximately $188,000 for the construction of a 6-lot residential subdivision. However, no development activity ever occurred. The owner was granted approval of a Plat of Vacation, rescinding the entitlement to develop the property and the LOC is scheduled to be released this month. Westbury Villa (East): This 300-acre development was approved in 2004. The original developer, Ocean Atlantic, has since lost the property to foreclosure and the site remains partially improved with infrastructure, but no residences. The City currently has approximately $3.5 million in security for eight (8) bonds related to this development project. In May 2009, the City Council authorized staff to call these bonds.This matter is still being litigated. Whispering Meadows: This 300- acre development was approved in 2003 as a phased development to be built in a total of four (4) units. Construction has occurred in Units 1 &2, but Unit 4 remains partially built out and Unit 3 remains completely undeveloped. The ownership of this development has shifted from the original developer to TRG Investments who is holding the property until market conditions improve. The City currently has six(6)bonds totally$2.3 million for Units 1, 2 and 4. In February 2011, the City Council authorized staff to call these bonds and this matter is also in litigation. Windett Ridge: The 160-acre development is approximately 40%built out and has two (2) bonds totaling about $370,000. The successor owner of the remaining undeveloped lots has indicated no interest in completing outstanding items provided in a punch list generated in May 2010. Therefore, per the direction of City Council, a demand for these bonds was made in February 2012. The matter is now being litigated. Prestwick of Yorkville: This 200-acre development was approved in 2005 for nearly 360 single family residential units. Only four (4) units have been constructed. The development was approved for two phases of development, and two (2) LOCs and a bond was established by the original developer. The current value of these LOCs and bond is approximately $1.82 million. Staff has conducted field inspections of the development in August & September 2012, and generated updated punchlists for completion of the 1" phase (Unit 1) of the development. Based upon those inspections, the current estimated cost of completion for this development with a 10% contingency is approximately $1.88 million. Interested parties looking to purchase the development have approached the City regarding a reduction in bond/LOC values. These preliminary discussions are on-going. Caledonia: The 85-acre development was approved in 2003 for a 206 single-family residential development. Since that time, only 50 units or 24% of the development has been constructed. The City is currently holding four (4) LOCs in the amount of approximately $1.2 million for the two phases of this project. Staff has been informed that the original developer is no longer the owner of the property and the successor developer is an investment company. Staff is planning to conduct a site inspection of the property and generate a revised punchlist and estimated cost for completion next month. Villas at the Preserve (aka Yorkville Town Center): This 27-acre development was initially approved in 2006 for a 42-lot attached residential unit development and a LOC in the amount of approximately $762,000 was established. However in 2008, an amended annexation and PUD agreement rezoned the property from a residential development to a B-3 Commercial Development knows as Yorkville Town Center. No additional development activity has occurred on the property. Therefore, staff is in the process of contacting the current owner and/or successor developer to ascertain the potential for redevelopment as entitled. Staff Summary& Comments Staff has made significant progress in addressing the outstanding Letters of Credit (LOC) and bonds for these residential developments. Of the seven (7) identified developments, one (1) is scheduled to have its LOC released, three (3) development's bonds have been called and in litigation, and two (2) will have updated punchlists and estimated costs for completions finalized within the next month. The updated punchlists and cost estimates will enable staff to evaluate if sufficient funding is in place to complete the needed improvements; help prioritize the order of those improvements to be completed; and make recommendations for future demands against these security instruments. We intend to provide updated progress summaries to the Public Works Committee and/or City Council as we continue to move through the remainder of the subdivision bonds/LOCs. For your reference, attached is the new Public Improvement Completion(PIC) schedule that will be required for all new development projects requiring bonds or Letters of Credit. Staff is seeking your feedback on this new subdivision completion guarantee tool. United City of Yorkville .10 Ok III s Game no oad ACKNOWLEDGEMENT OF Yor EST. 1 �°" 836 Telephone: 630-553-4350 PUBLIC IMPROVEMENT Fax: 630-553-7575 F.7 0 Website: www.yorkville.il.us CONSTRUCTION SCHEDULE <LIE � PROJECT# DATE RECEIVED: DATE APPROVED: The Public Improvement Construction (PIC) schedule is required for any new residential subdivision and/or commercial development within the City of Yorkville. The terms of the PIC schedule identifies the public and private improvements required to be constructed, and provides the assurance that the necessary public improvements will be constructed in a manner consistent with the City's established standards in a timely manner and subject to the applicable warranty periods. If approved by the City,the construction schedule may provide for the installation and acceptance of certain improvements in phases. Any phased development plan approved as part of the PIC schedule must be a self-contained area of the overall development consisting of all public improvements necessary to serve that portion of the property to be developed as part of such phase. Reasonable conditions on the phasing of developments may be imposed by the City in order to protect the community and adjacent properties. Proposed phasing plans shall be submitted with a separate PIC schedule for each phase of construction, and no work shall commence on a subsequent phase without completion and acceptance of the prior phase or approval by the City Engineer. The Public Improvement Construction(PIC) schedule also requires the developer and/or owner to provide financial security in the form of an irrevocable letter of credit or bond for the proposed improvements. Financial Security shall be provided to the City prior to and as a condition of the issuance of a site development permit. The undersigned Owner agrees to the Public Improvement Construction(PIC)schedule as described below: Type of Improvement: Location/Subdivision: Legal Description(submit as an attachment) Approved Construction Time Period: From to Beginning Date Ending Date (Month/Year) (Month/Year) The Approved Engineer's Estimate of Cost(EEOC) or Engineer's Opinion of Probable Costs (EOPC)must be attached to this document. Owner further agrees: • To install all required public improvements as approved per Title 11 Subdivision Control Ordinance of the United City of Yorkville Municipal Code and the Standard Specifications for Improvements attached hereto. • To pay all fees and costs associated with the development incurred by the City for plan review and processing, inspection, material testing and other engineering services as prescribed by ordinance or in the municipal code. • To install all streets, sewers, water mains, street lights, and other public improvements in a workmanship like manner within four (4) years of initial construction. All public improvements shall be maintained by the subdivider/developer until they are approved and accepted by the City. • To provide proof by title search that all accepted infrastructure is free and clear of all liens and encumbrances. ACKNOWLEDGMENT OF PUBLIC IMPROVEMENT CONSTRUCTION(PIC)SCHEDULE Owner/Developer Name: Address: City: State: Zip Code: Telephone: Mobile: Fax: E-mail: Owner/Developer Signature: