Loading...
Public Works Packet 2011 03-15-11 0 o United City of Yorkville Q A. '" 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 � p Fax: 630-553-7575 cuuMV `�' AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday, March 15, 2011 6:30 p.m. City Hall Conference Room Citizen Comments: Minutes for Correction/Approval: February 15, 2011 Items Recommended for Consent Agenda: 1. PW 2011-13 Water Department Report for January 2011 2. PW 2011-14 Water Department Report for February 2011 New Business: 1. PW 2011-15 Traffic Signal Master Agreement 2. PW 2011-16 Fox Hill and Sunflower SSA Mowing and Maintenance RFP 3. PW 2011-17 MFT General Maintenance Appropriation Resolution for FY 11-12 4. PW 2011-18 Hampton Inn—Final Approval/Acceptance & Bond Reduction 5. PW 2011-19 8660 Kennedy Road—Purchase of Right-of Way 6. PW 2011-20 Route 126 Relocation at Route 71 — MFT Appropriation Resolution 7. PW 2011-21 Creating a Stormwater Utility—Discussion Old Business: 1. PW 2011-05 Verizon Wireless —Water Tower Lease Agreement 2. PW 2011-12 802 S. Bridge Street—Proposed Highway Authority Agreement Additional Business: 2010/2011 City Council Goals Public Works Committee Goal Elected Officials Staff Rob Fredrickson/ Infrastructure planning. Sutcliff/Plocher Joe Wywrot/Eric Dhuse/ Kryst Barksdale-Noble Trail planning and pedestrian (with Park Board.) Werderich/Golinski Laura Schraw/Bart Olson/ Joe W wrot Development slow-down issues. Teeling/Gilson Krysti Barksdale-Noble/ Joe Wywrot UNITED CITY OF YORKVILLE WORKSHEET PUBLIC WORKS COMMITTEE Tuesday, March 15, 2011 6:30 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. January 18, 2011 ❑ Approved ❑ As presented ❑ With corrections --------------------------------------------------------------------------------------------------------------------------------------- ITEMS RECOMMENDED FOR CONSENT AGENDA: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2011-13 Water Department Report for January 2011 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2011-14 Water Department Report for February 2011 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- l. PW 2011-15 Traffic Signal Master Agreement ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2011-16 Fox Hill and Sunflower SSA Mowing and Maintenance MFT ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2011-17 MFT General Maintenance Appropriation for FY 11-12 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2011-18 Hampton Inn—Final Approval/Acceptance &Bond Reduction ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2011-19 8660 Kennedy Road—Purchase of Right-of-Way ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2011-20 Route 126 Relocation at Route 71 —MFT Appropriation Resolution ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2011-21 Creating a Stormwater Utility—Discussion ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2011-05 Verizon Wireless —Water Tower Lease Agreement ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2011-12 802 S. Bridge Street—Proposed Highway Authority Agreement ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- D C/Ty Reviewed By: Agenda Item Number J� b, O Legal ❑ Minutes Finance ❑ EST.,` : 1836 Engineer ❑ Tracking Number L�j City Administrator ❑ 0 ICI I a� �� Public Works ❑ .e Ift c—y Agenda Item Summary Memo Title: Minutes of the Public Works Committee—February 15, 2011 Meeting and Date: Public Works—3/15/11 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Committee Approval Submitted by: Minute Taker Name Department Agenda Item Notes: DRAFT UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 PUBLIC WORKS COMMITTEE MEETING City Hall, Conference Room Tuesday, February 15, 2011 — 6:30 P.M. COMMITTEE MEMBERS PRESENT: Alderman Plocher Alderman Gilson Alderman Teeling OTHERS CITY OFFICIALS PRESENT Joe Wywrot - City Engineer Eric Dhuse—Public Works Director Rob Frederickson—Finance Director Members of the Public Present: Nick Orf, Strand &Associates Mike Waldron, Strand &Associates Barton Jones, Strand & Associates This meeting was called to order at 6:30pm. The minutes for the January 18, 2011, meetings were unanimously approved. Citizen Comments: There were no citizen comments. Presentation: "Creating a Storm Water Utility" by Strand &Associates Three members of Strand &Associates were present to introduce their firm and explain the services they provide. In addition to working with municipalities on engineering, they also work to create Storm Water Utilities. Historically, storm water management has been funded out of the general tax fund competing against fire, police, and other municipal services. Water Quality Base requirements are being changed in the near future at the behest of the federal government, creating an potential financial burden on municipalities. Storm Water Utility is a methodology to finance storm water management needs by charging service fees to fund the storm water management requirements of the federal government. The utility provides a dedicated funding source, relieving the burden on the general fund. Currently, there are only a few utilities in the State of Illinois, though more communities are considering them. Because this is a service fee, the municipality has the ability to change the fee based upon the needs of the community. The rate will be revenue sufficient, technically and legally defensible, equitably distributable and publicly acceptable. Implementation of the program will be 1 dependent on degree of prior storm water programs, organizational structure, staff knowledge of storm water requirements and the type of data regarding storm water needs. Following the presentation, Strand &Associates offered to come before the Council with an even more detailed presentation at any time in the future. New Business: 1. PW 2011 — 08 Raging Waves—Letter of Credit Expiration Coamerica Bank has provided noticed that Letter of Credit#628335-04, for the amount of$428,925.01, will expire May 1, 2011. The LOC guarantees the completion of site work with the exception of landscaping and street lighting. Staff staff is reconunending the letter be called prior to April 15, 2011. Engineer Wyrot requested that this item be removed from the agenda as staff had received the renewal from the developer prior to tonight's meeting. 2. PW 2011 — 09 Stagecoach Crossing (Saravanos Development) —Letter of Credit Expiration Notice from First Midwest Bank, dated January 31, 2011, states that the site work letter of credit for the Saravanos development will expire June 13, 2011. This letter of credit, in the amount of$193,573.88, guarantees satisfactory completion of all land improvements for this development with the exception of earthwork and Route 47 improvements. Staff recommends that the City Council authorize the City Clerk call the letter of credit if it not renewed prior to May 20, 2011. The committee recommended the item be placed on the Consent agenda. 3. PW 2011 -10 Route 47& Cannonball Trail Intersection —Engineering Agreements Staff is recommending approval of two proposed engineering agreements with HR Green, Inc. for the Route 47/Cannonball Trail intersection improvement. The intersection improvement is required by IDOT Highway Permit#3-10399-07, which was issued to the City but is related to the Kendall Marketplace development. The original developer has lost the property, and it is now the City's obligation to complete the work covered by the highway permit. 2 The first agreement finalizes the engineering plans and prepares contract documents that will allow us to seek bids from contractors. Work performed under this agreement is to be paid on a time and material basis, not to exceed, $16,060.45. The second agreement is to provide construction inspection services. This work includes constructing, staking, observation, material testing, preparing payouts and change orders, and preparation of record drawings. Work performed under this agreement is to be paid on a time and material basis, not to exceed $80,894.00. Funds have been set aside to complete the work covered by the IDOT perinit in the amount of$2,000,000. The current cost estimates to perform the various tasks are: Finalize Plans: $ 16,060.45 Construction Observations: $ 80,894.00 Construction: $ 917,809.22 ROW Acquisition: unknown Utility Relocation: $ 119 909.32 TOTAL $1,134,672.99+ The committee recommended this item be forwarded for the Consent Agenda. 4. PW 2011 -11 North McDonald's— Temporary Easement Staff is recommending approval of a proposed temporary easement for the McDonald's restaurant at 3 West Route 34. The easement is needed for water main construction to be performed as part of IDOT's Route 47 widening project. The new water main would be constructed along the south side of Route 34, and the existing water main on the north side would be abandoned. The existing cast- iron water main will be abandoned after the IDOT project is completed requiring a new 1.5" diameter water service that will connect to an existing water main along McDonald's east property line. Though there already 10-foot wide utility easements along the east and south side of the McDonald's property, construction of the new water service requires temporary easement. The cost of constructing the new water service would be borne by the city. The committee recommended this item be forwarded for Consent agenda. 5. PW 2011 - 12 802 South Bridge Street—Proposed Highway Authority Agreement Staff is recommending approval of an agreement granting highway authority for the fonner Yorkville Marathon gas station at the southeast corner of Route 47 and 3 Orange Street. This property was the location of a leaking underground petroleum storage tank several years ago. All underground tanks and much of the contaminated soil have since been removed, but some contaminated soil remains within the Orange street right-of-way. The contaminated area is estimated to be around 500 square feet, located beneath the property's driveway entrance to Orange Street and underneath the street. Although considerable effort has been made to clean up the site, one constituent (benzene) measured at one location exceeded the Illinois EPA's minimum clean- up objectives. A coinmon way to address this situation is to establish an institutional control to protect the general public from the remaining contamination. The institutional control is this proposed highway authority agreement, which is a restriction on the use of the subject area. Once an institutional control is established, the Illinois EPA can issue a No Further Remediation letter to the property owner, which essentially states that the site is free of contamination. In this agreement, the City agrees to prohibit the use of any groundwater originating within the subject area from being used as drinking water. The agreement allows for roadway work to be performed within the subject area, but the City agrees to allow construction access by permit only, and require that the permittee "take all measures necessary to protect human health (including worker safety) and the environment". While the area of contaminated soil is estimated to be located in the south half of the Orange Street right-of-way, the area subject to the highway authority agreement extends over a larger area to the north edge of the Orange Street pavement. If this agreement is approved the City would need to issue a pen-nit to IDOT to allow them to work within the subject area. IDOT's Route 47 plans identify several locations where contaminated soil exists, including Orange Street. IDOT's proposed protection measure at this location consists of limiting the depth of excavation to no more than 6 feet. Discussions with Chase Environmental, however, indicate that there are no contaminated soils in the IDOT right-of-way at this location. The information provided indicates soil contamination at a depth of 4 feet in the Orange Street right-of-way, which is still below normal roadway excavation depths. The extent of contamination, however, is below the threshold where special precautions would be needed during construction. If contaminated soil is encountered during construction, it would need to be treated as special waste and disposed of accordingly. Alderman Gilson expressed concerned about the No Further Remediation Letter that will be issued to the property owner. Engineer Wyrot stated that the letter will state that no further remediation will be required, it is clean enough for the property to be developed without concern about environmental issues. Alderman Gilson wondered what would happen if the City does not enter into the agreement. 4 The state would not issue the letter, and thereby, the property would not be developed. The property owner would then have to clean it up or ignore it, without redeveloping it. Over time, the pollutants in the right-of-way will go away, thereby solving the problem. Chair Plochman requested clarification of ownership of the property. Staff responded that it is owned by an estate and the beneficiaries are wanting to sell the property. If the property is reimediated, and sold, it could be redeveloped, thereby improving the overall look and value of the property. For the record, Alderman Gilson is against the agreement. Alderman Teeling wanted to know if the contaminates would spread and was assured that it would be extremely unlikely. Chair Plochman requested that this item be tabled until next month so that the Committee members can further review the item. 6. PW 2011 -13 Rush-Copley Freestanding Emergency Center—IDOT Highway Permit Staff is recommending authorization and approval of the proposed IDOT highway permit application and corresponding resolution for construction of a new entrance to Route 34 approximately 1000 feet west of Beecher Road. The entrance is for Rush-Copley's proposed Freestanding Emergency Center (FEC). Construction of the entrance requires the widening of Route 34 to provide a westbound left-turn lane into the FEC. The entrance would not be signalized nor would it allow vehicles leaving the FEC to make a left turn onto Route 34. Persons leaving the FEC that want to go west on Route 34 would be able to do so via Beecher Road. IDOT requires the municipality to be the applicant for all work in their right-of- way. They also require a resolution from the City to guarantee that the work will be performed properly. We in turn will require Rush-Copley to provide insurance and a bond guaranteeing that they will perform the work and satisfy IDOT's requirements. The committee agreed to forward this item to the Consent Agenda. 7. PW 2011 - 14 CMAQ Grant Application —Review of Potential Projects Staff is seeking recommendations for FY 2012-2016 grant application project candidates. Upon review of potential City project, staff has identified two potential projects that could be funded. One project is along Route 71, and the other is across from Kendall Marketplace. In the past, CMAQ called for projects every year, however, it is anticipated this year will be the last year for another 5 years. Chair Plochman wondered if this was a fully funded grant. Staff responded that the CMAQ funds 80%. Alderman Gilson stated that he felt there were other things within the City that matching money could be used for instead one of these projects. Alderman Teeling clarified that if we do receive the grant 5 we wouldn't necessarily have to complete the project. Alderman Gilson stated that is true but it reflects negatively on the City and their future grant prospects. Alderman Teeling feels that the item should be forwarded to the Council for further discussion. Old Business Additional Business There be no further business, the Committee adjourned at 7:27pm. Minutes Respectfully Submitted by: Kristia RM Leyendecker Minute Taker 6 `Al D C/Ty Reviewed By: Agenda Item Number n; O Legal ❑ CA#1 y Finance ❑ EST �. 1836 Engineer ❑ -- g Tracking Number City Administrator ❑ 0 1� ( -1111-1 Q Public Works ■ �� A��� ❑ PW 2011-13 �E Agenda Item Summary Memo Title: Water Department Report for January 2011 Meeting and Date: Public Works—3/15/11 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Brian Sorensen Water Name Department Agenda Item Notes: United City of Yorkville MT 18M WATER DEPARTMENT REPORT <E JANUARY 2011 MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET FEET FEET GALLONS 3 1335 501 205 0 4 1393 542 188 10,390,000 7 1500 883 553 3,218,600 8 1500 861 477 33,000 9 1500 1125 576 27,550,000 TOTAL 41,191,600 CURRENT MONTH'S PUMPAGE IS 225,000 GALLONS MORE THAN LAST MONTH 3,101,200 GALLONS LESS THAN LAST YEAR DAILY AVERAGE PUMPED: 1,327,800 GALLONS DAILY MAXIMUM PUMPED: 1,821,000 GALLONS DAILY AVERAGE PER CAPITA USE: 83.1 GALLONS WATER TREATMENT CHLORINE FED: 1206 LBS. CALCULATED CONCENTRATION: 3.5 MG/L FLUORIDE FED: 410.5 LBS. CALCULATED CONCENTRATION: 0.22 MG/L POLYPHOSPHATE 723.2 LBS. CALCULATED CONCENTRATION: 0.72 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 18 SAMPLES TAKEN 18 SATISFACTORY 0 UNSATISFACTORY (EXPLAIN) FLOURIDE: 3 SAMPLE(S)TAKEN CONCENTRATION: 1.01 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 8 NUMBER OF LEAKS OR BREAKS REPAIRED: 1 MXU'S 1 NEW CUSTOMERS RESIDENTIAL: _4 COMMERCIAL: 1 INDUSTRIAL/GOVERNMENTAL: 0 COMMENTS 1 main break at 1213 Deer St. Lost 600,000 gallons of water due to break `,QED C/1.y Reviewed By: Agenda Item Number Y O 0 Legal ❑ CA#2 ti Finance ❑ EST. �� --._ � 1836 Engineer El^�=,�..-- Tracking Number 0 `� City Administrator ❑ lO Public Works K�K.wY ■ Con�Soa PW 2011-14 'fit,<C e ,�,� ❑ Agenda Item Summary Memo Title: Water Department Report for February 2011 Meeting and Date: Public Works—3/15/11 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Brian Sorensen Water Name Department Agenda Item Notes: United City of Yorkville _ WATER DEPARTMENT REPORT EST td36 FEBRUARY 2011 MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET FEET FEET GALLONS 3 1335 501 206 0 4 1393 542 189 10,493,000 7 1500 883 554 2,889,600 8 1500 861 476 1,155,000 9 1500 1125 578 23,736,000 TOTAL 38,273,600 CURRENT MONTH'S PUMPAGE IS 2,918,000 GALLONS LESS THAN LAST MONTH 1,485,900 GALLONS MORE THAN LAST YEAR DAILY AVERAGE PUMPED: 1,326,200 GALLONS DAILY MAXIMUM PUMPED: 1,707,100 GALLONS DAILY AVERAGE PER CAPITA USE: 82.9 GALLONS WATER TREATMENT CHLORINE FED: 1095 LBS. CALCULATED CONCENTRATION: 3.9 MG/L FLUORIDE FED: 390.2 LBS. CALCULATED CONCENTRATION: 0.26 MG/L POLYPHOSPHATE 669.7 LBS. CALCULATED CONCENTRATION: 0.75 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 18 SAMPLES TAKEN 18 SATISFACTORY 0 UNSATISFACTORY (EXPLAIN) FLOORIDE: 3 SAMPLE(S)TAKEN CONCENTRATION: 1.06 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 3 NUMBER OF LEAKS OR BREAKS REPAIRED: 2 MXU'S 0 NEW CUSTOMERS RESIDENTIAL: 2 COMMERCIAL: 0 INDUSTRIAL/GOVERNMENTAL: 0 COMMENTS 2 main breaks, 1011 Sunset& intersection of Naden Ct&Center Pkwy 1,000,000 gallons of water lost due to break. D C/p. Reviewed By: Agenda Item Number G. O Legal ❑ NB #1 Finance ❑ EST. 1836 Engineer ■ g Tracking Number City Administrator ❑ El PS 2011-15 Agenda Item Summary Memo Title: Traffic Signal Master Agreement Meeting and Date: March 15, 2011 Public Works Committee Synopsis: This proposed agreement would replace the existing agreement with IDOT, which is due to expire on June 30, 2011. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: o� Memorandum EST. 1936 To: Bart Olson, City Administrafor .4 From: Joe Wywrot, City Engineer p� �� p CC: Lisa Pickering, Deputy City CI �rk Eric Dhuse, Director of Public Works <4E Date: March 3, 2011 Subject: Traffic Signal Master Agreement Attached find one copy of the proposed Traffic Signal Master Agreement with IDOT, which would cover the time period from July 1, 2011 to June 30, 2021. This agreement would replace our existing agreement with IDOT, which expires on June 30, 2011. The purpose of the agreement is to establish maintenance and cost-sharing responsibilities for 26 of the 30 existing traffic signals in and around Yorkville. The other 4 traffic signals are maintained by IDOT or Kendall County. The proposed agreement is very similar to the existing agreement. Following is a list of changes: 1. Part 1.F—Language was added regarding subcontracting and the purchase of goods or services using federal or state funds. The language regarding federal funds is not applicable because IDOT does not use federal funds to reimburse the city for maintenance or energy costs. The language regarding state funds requires the city to obtain quotes for goods and services valued between$10,000 and$31,300, and to go out for bid for goods and services in excess of $31,300. 2. Part 4.0—Language was added allowing IDOT to terminate the agreement if they find that the city is not adequately fulfilling its obligations. 3. Part 4.I to 4.N—Language was added regarding travel expenses (none are allowed), and that the city shall: J. Indemnify IDOT for any damages related to the agreement. The existing agreement has indemnity language, which is found in Part 5.J of the proposed agreement. K. Comply with equal employment opportunity laws. L. Provide information regarding its tax status. M. Not participate in international boycotts. N. Shall comply with the Forced Labor Act. 4. Part 6.B —Invoices submitted to IDOT for reimbursement shall be submitted quarterly. The current agreement allows for monthly billing. 5. Exhibit B, Section B.4—Language was added clarifying the maintenance requirements for L.E.D. signal head and module replacement. 6. Exhibit B, Section B.5 —The requirements for bi-annual inspection, testing, and maintenance was eliminated. Those tasks would be required on an annual basis. I recommend that this intergovernmental agreement be approved. Please place this item on the March 15, 2011 Public Works Committee agenda for consideration. Illinois Department of Transportation Intergovernmental Agreement Governmental Body Name City of Yorkville Address 800 Game Farm Road City,State,Zip Yorkville, Illinois 60560 Remittance Address(if different from above) City.Slate,Zip Illinois Telephone Number Fax Number FEIN/TIN 630-553-4350 830-553-7575 36-6006164 Brief Description of Service(full description specified in Part 5) This is the Master Agreement for Governmental Body maintenance and apportionment of energy costs for traffic control devices located on State highways within or near the Governmental Body as shown on the attached Exhibit A. This agreement Is authorized by 92 III.Adm.Code 544. Compensation Method(full details Travel Expense ❑ Yes Agreement Term specified in Part 6) From: July 1,2011 Actual Cost ® No Total Compensation Amount Travel Amount Advance Pay ❑ Yes To $300,000 $0.0 ® No June 30.2021 REQUIRED SIGNATURES By signing below,the GOVERNMENTAL.BODY and the DEPARTMENT agree to comply with and abide by all provisions set forth in Parts 1-7 herein and any Appendices thereto. FOR THE GOVERNMENTAL,BODY: Mayor Valerie Burd Signature and Job Title of Authorized Representative Type or Print Name of Authorized Representative Date FOR THE DEPARTMENT: Eric Therkildsen,Acting Regional Engineer,Division of Highways Ellen Schanzle-Haskins,Chief Counsel Date (Approved as to form) By: Christine M.Reed,P.E.,Director,Division of Highways,Chief Engineer Matthew R.Hughes,Acting Director,Finance& Date Administration Date: By: By: Gary Hannig,Secretary of Transportation Date By: Printed 2/28!2011 Page 1 of 9 BoBS 2804(Rev.03/23110) INTERGOVERNMENTAL AGREEMENT FOR GOVERNMENTAL BODY MAINTENANCE OF TRAFFIC CONTROL DEVICES This Agreement is by and between City of Yorkville Please type or print legibly the GOVERNMENTAL BODY'S legal name and 800 Game Farm Road Yorkville, IL 60560 Aftn: Mayor Valerie Burd E-mail hereinafter called the GOVERNMENTAL BODY, and the State of Illinois,acting by and through Its Department of Transportation, hereinafter called the DEPARTMENT. Part 1 Scope/Compensation/Term Part 2 General Provisions Part 3 Federally Funded Agreements Part 4 Specific Provisions Part 5 Scope of Services/Responsibilities Part 6 Compensation for Services Part 7 Agreement Award Notification Exhibit A Locations and Cost Proportionment of Traffic Control Devices Exhibit B Traffic Signal Maintenance Provisions PART 1 SCOPE/COMPENSATION/TERM A. Scope of Services and Responsibilities. The DEPARTMENT and the GOVERNMENTAL BODY agree as specified in Part 5. 6. Compensation. Compensation(if any)shall be as specified in Part 6, C. Term of Agreement. The term of this Agreement shall be from July 1,2011 to June 30,2021. D. Amendments. All changes to this Agreement must be mutually agreed upon by the DEPARTMENT and the GOVERNMENTAL BODY and be incorporated by written amendment, signed by the parties. E. Renewal. This Agreement may not be renewed. Printed?128/2011 Page 2 or 9 BoBS 2804(Rev.03/23/10) PART 2 GENERAL PROVISIONS A. Changes. If any circumstance or condition in this Agreement changes, the GOVERNMENTAL BODY must notify the DEPARTMENT in writing within seven days. B. Compliance/Governing Law. The terms of this Agreement shall be construed in accordance with the laws of the State of Illinois. Any obligations and services performed under this Agreement shall be performed in compliance with all applicable state and federal laws. C. Availability of Appropriation (30 ILCS 500120-60): This Agreement is contingent upon and subject to the availability of funds. The Department, at its sole option, may terminate or suspend this Agreement, in whole or in part, without penalty or further payment being required, if (1)the Illinois General Assembly or the federal funding source fails to make an appropriation sufficient to pay such obligation, or if funds needed are insufficient for any reason, (2) the Governor decreases the Department's funding by reserving some or all of the Department's appropriation(s)pursuant to power delegated to the Governor by the Illinois General Assembly, or (3) the Department determines, in its sole discretion or as directed by the Office of the Governor, that a reduction is necessary or advisable based upon actual or projected budgetary considerations. The GOVERNMENTAL BODY will be notified in writing of the failure of appropriation or of a reduction or decrease. D. Records Inspection. The DEPARTMENT or a designated representative shall have access to the GOVERNMENTAL BODY's work and applicable records whenever it Is In preparation or progress, and the GOVERNMENTAL BODY shall provide for such access and inspection. E. Records Preservation. The GOVERNMENTAL BODY, shall maintain for a minimum of three years after the completion of the Agreement, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the Agreement. F. Subcontracting/Procurement Procedures/Employment of Department Personnel 1. Subcontracting. Subcontracting, assignment or transfer of all or part of the interests of the GOVERNMENTAL BODY concerning any of the obligations covered by this Agreement is prohibited without prior written consent of the DEPARTMENT. 2. Procurement of Goods or Services — Federal Funds. For purchases of products or services with any Federal funds that cost more than$3,000.00 but less than the simplified acquisition threshold fixed at 41 U.S.0 403(11), (currently set at$100,000.00)the GOVERNMENTAL BODY shall obtain price or rate quotations from an adequate number (at least three) of qualified sources. Procurement of products or services with any Federal funds that are in excess of the simplified acquisition threshold fixed at 41 U.S.C. 403(11), (currently set at $100,000.00) will require the GOVERNMENTAL BODY to use the Invitation for Bid process or the Request for Proposal process. In the absence of formal codified procedures of the GOVERNMENTAL BODY,the procedures of the DEPARTMENT will be used, provided that the procurement procedures conform to the provisions in Part 3(K) below. The GOVERNMENTAL BODY may only procure products or services from one source with any Federal funds if: (1) the products or services are available only from a single source; or (2) the DEPARTMENT authorizes such a procedure; or, (3) after solicitation of a number of sources, competition is determined inadequate. 3. Procurement of Goods or Services — State Funds. For purchases of products or services with any State of Illinois funds that cost more than $10,000.00, ($5,000.00 for professional and artistic services) but less than the small purchase amount set by the Illinois Procurement Code Rules, (currently set at $31,300.00 and $20,000.00 for professional and artistic services) the GOVERNMENTAL BODY shall obtain price or rate quotations from an adequate number(at least three) of qualified sources. Procurement of products or services with any State of Illinois funds in excess of the small purchase amount (currently set at $31,300.00 for goods and services and $20,000.00 for professional and artistic services) will require the GOVERNMENTAL BODY to use the Invitation for Bid process or the Request for Proposal process. In the absence of formal codified procedures of the GOVERNMENTAL BODY, the procedures of the DEPARTMENT will be used. The GOVERNMENTAL BODY may only procure products or services from one source with any State of Illinois funds N: (1) the products or services are available only from a single source; or (2) the DEPARTMENT authorizes such a procedure; or, (3) after solicitation of a number of sources,competition is determined inadequate. Printed 2/14/2011 Page 3 of 9 BOBS 2804(Rev.03/23/10) The GOVERNMENTAL BODY shall include a requirement in all contracts with third parties that the contractor or consultant will comply with the requirements of this Agreement in performing such contract, and that the contract is subject to the terms and conditions of this Agreement. 4. EMPLOYMENT OF DEPARTMENT PERSONNEL. The GOVERNMENTAL BODY will not employ any person or persons currently employed by the DEPARTMENT for any work required by the terms of this Agreement. PART 3 FEDERALLY FUNDED AGREEMENTS [Not applicable to this Agreement.] PART 4 SPECIFIC PROVISIONS A. Invoices.The amount shown on each invoice shall be in accordance with the rates established in Part 6. All non-labor costs, if allowable,shall be listed and itemized as provided in Part 6. Any Invoices/bills issued by the GOVERNMENTAL BODY to the DEPARTMENT pursuant to this Agreement shall be sent to the following address: Illinois Department of Transportation Attn: Bureau of Operations 700 East Norris Drive Ottawa, IL 61350 All invoices shall be signed by an authorized representative of the GOVERNMENTAL BODY. B. Billing and Payment. All invoices for services performed and expenses incurred by the GOVERNMENTAL BODY prior to July 1 st of each year must be presented to the DEPARTMENT no later than August 31 of that same year for payment under this Agreement. Notwithstanding any other provision of this Agreement, the DEPARTMENT shall not be obligated to make payment to the GOVERNMENTAL BODY on invoices presented after said date. Failure by the GOVERNMENTAL BODY to present such invoices prior to said date may require the GOVERNMENTAL BODY to seek payment of such invoices through the Illinois Court of Claims and the Illinois General Assembly. No payments will be made for services performed prior to the effective date of this Agreement. The DEPARTMENT will send all payments to the GOVERNMENTAL BODY's remittance address listed in this Agreement. C. Termination. If the DEPARTMENT is dissatisfied with the GOVERNMENTAL BODY'S performance or believes that there has been a substantial decrease in the GOVERNMENTAL BODY'S performance, the DEPARTMENT may give written notice that remedial action shall be taken by the GOVERNMENTAL BODY within seven (7) calendar days. If such action is not taken within the time afforded,the DEPARTMENT may terminate the Agreement by giving seven(7) days written notice to the GOVERNMENTAL BODY. Additionally, the Department may terminate the Agreement by giving thirty(30)days written notice. In either instance, the GOVERNMENTAL BODY shall be paid for the value of all authorized and acceptable work performed prior to the date of termination, based upon the payment terms set forth in the Agreement. D. Location of Service. Service to be performed by the GOVERNMENTAL BODY shall be performed as described in Part 5. E. Ownership of DocumentsJTitle to Work. [Not applicable to this Agreement.] F. Software. [Not applicable to this Agreement.] G. Confidentiality Clause. [Not applicable to this Agreement.] H. Reporting/Consultation. Printed 211412011 Page 4 of 9 So9S 2804(Rev.03/23/10) [Not applicable to this Agreement] I. Travel Expenses. No expenses for travel, lodging, or per diem shall be paid by the Department pursuant to this Agreement. J. Indemnification. Unless prohibited by State law, the GOVERNMENTAL BODY agrees to hold harmless and indemnify the DEPARTMENT, and its officials, employees, and agents, from any and all losses, expenses, damages (including loss of use), suits, demands and claims, and shall defend any suit or action, whether at law or in equity, based on any alleged injury or damage of any type arising from the actions or Inactions of the GOVERNMENTAL BODY and/or the GOVERNMENTAL BODY'S employees, officials, agents, contractors and subcontractors, and shall pay all damages, judgments, costs, expenses, and fees, including attorney's fees, incurred by the DEPARTMENT and its officials,employees and agents in connection therewith. K. Equal Employment Opportunities, Affirmative Action, Sexual Harassment. The GOVERNMENTAL BODY will comply with the Illinois Human Rights Act with respect to public contracts, Including equal employment opportunity, refraining from unlawful discrimination and having a written sexual harassment policy. L. Tax Identification Number. GOVERNMENTAL BODY certifies that: 1. The number shown on this form is a correct taxpayer identification number (or it is waiting for a number to be issued.), and 2. It is not subject to backup withholding because: (a) it is exempt from backup withholding, or (b) has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (c)the IRS has notified the GOVERNMENTAL BODY that it is no longer subject to backup withholding,and 3. It is a U.S. entity(including a U.S. resident alien). NAME OF GOVERNMENTAL BODY: United City of Yorkville Taxpayer Identification Number: 36-6006169 Legal Status (check one): ❑ Tax-exempt Government ❑ Nonresident Alien ❑ Other M. International Boycott, The GOVERNMENTAL BODY certifies that neither GOVERNMENTAL BODY 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 682). N. Forced Labor. The GOVERNMENTAL BODY 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 DEPARTMENT under this Agreement have been or will be produced in whole or in part by forced labor, or indentured labor under penal sanction (30 ILCS 583) Printed 2/14/2011 Page 6 of 9 BoBS 2804(Rev.03123/10) PART 5 SCOPE OF SERviCEMESPONSIBIUTIES A. Cost. The DEPARTMENT and the GOVERNMENTAL BODY agree to the maintenance responsibility and to the division of energy costs,for the traffic signals and other traffic control devices listed on the attached Exhibit A. B. Maintenance. Modernization of traffic control devices is not covered under this agreement. It is agreed that the actual maintenance will be performed by the GOVERNMENTAL BODY indicated on Exhibit A,either with its own forces or through contractual agreements. C. Maintenance Level. It is agreed that the signals and devices shall be maintained to at least the level of maintenance specified in Exhibit B, which is hereby made a part of this agreement. It is understood this will meet the minimum requirements of the Illinois Manual on Uniform Traffic Control Devices for Streets and Highways. Additional provisions regarding maintenance may be Incorporated In this document upon agreement on both parties. D. Deficiencies in Maintenance. It is also understood that 0, in the judgment of the Regional Engineer,the GOVERNMENTAL BODY has not provided maintenance in accordance with the maintenance level specified for those signal installations and devices which it has agreed to maintain,the DEPARTMENT will give the GOVERNMENTAL BODY a 30 day notice in writing of specific deficiencies. If the GOVERNMENTAL BODY has not corrected the deficiencies and notified the DEPARTMENT within the 30-day period,the DEPARTMENT will arrange for the appropriate maintenance efforts and bill the GOVERNMENTAL BODY for its share of the costs. E. Interconnect&Timing. The GOVERNMENTAL BODY agrees to maintain all signal equipment and interconnects associated with Interconnected signal systems and Interconnects with at-grade railroad crossings. The DEPARTMENT, in cooperation with the GOVERNMENTAL BODY, shall determine the signal timing to coordinate and regulate the flow of traffic. No signal timing shall be changed at any state system intersection without prior DEPARTMENT approval. The DEPARTMENT may elect to allow the GOVERNMENTAL BODY to determine the signal timing to coordinate and regulate the flow of traffic at any location. The GOVERNMENTAL BODY shall Inform the DEPARTMENT of any changes made in signal timings. The DEPARTMENT reserves the right to withdraw the privilege of timing signals from the GOVERNMENTAL BODY at any time. Traffic signals Interconnected with an at-grade railroad crossing shall not be modified without prior Illinois Commerce Commission and DEPARTMENT notification and approval. Interconnected signals at an at-grade railroad crossing may be repaired to the original condition; however, the Illinois Commerce Commission and the DEPARTMENT must be notified thereof. F. Interconnections: Installation& Damage. The DEPARTMENT is not responsible for the cost of installing or maintaining traffic signals not on (but interconnected to traffic signals on) U.S.or State routes. Any damage done to State traffic signals in the attempt to connect local traffic signals shall be repaired to the DEPARTMENT's satisfaction and shall be the responsibility of the GOVERNMENTAL BODY. G. Master Monitoring Costs. Master controllers installed on State intersections for the coordination of traffic signals are primarily used for the traffic signals located on U.S.or State routes. The GOVERNMENTAL BODY may connect traffic signals to a State owned master controller for the coordination or operation of non-State owned traffic signals,for the purpose of synchronizing time or gaining remote access. If the GOVERNMENTAL BODY desires a communications link to their office for monitoring purposes,the GOVERNMENTAL BODY shall pay the entire cost of installing and maintaining such monitoring system. H. Payment for Energy Costs. The DEPARTMENT will reimburse the GOVERNMENTAL BODY for the DEPARTMENT's proportionate share of the energy charges. I. Costs for Pavement Markings. The DEPARTMENT shall reimburse the GOVERNMENTAL BODY for any DEPARTMENT authorized pavement marking maintenance required for the operations of the traffic signal installation. This shall include any stop bars, crosswalks, symbols, reflectors,edge lines or lane lines required for supplementing the traffic signal installation. Printed 2/1412011 Page 6 of 9 BoBS 2604(Rev.03/23J10) J. Indemnity. The GOVERNMENTAL BODY shall indemnify and hold harmless the DEPARTMENT for any and all third party claims for personal injury and property damage arising solely out of the maintenance of the signals and devices listed in Exhibit A. K. Maintenance Contractors. Maintenance contracts shall be subject to DEPARTMENT approval prior to award. The DEPARTMENT,after consultation with the GOVERNMENTAL BODY, reserves the right to reject any electrical/maintenance contractor assigned work by the GOVERNMENTAL BODY that, in the judgment of the DEPARTMENT, has proposed or bid rates or charges in excess of usual and customary for the type of work being performed. L. Emergency Vehicle Preemption Devices. The costs of installation,timing, phasing,and maintenance of emergency vehicle preemption systems shall be the sole responsibility of the GOVERNMENTAL BODY. Any Governmental Body must notify the DEPARTMENT of any change in the emergency vehicle preemption system. However,the DEPARTMENT reserves the right to approve or reject,at any time,the placement of such systems on its traffic signal equipment. M. Previous Agreements. All traffic signal and traffic control device maintenance and electrical energy provisions contained in presently existing agreements or understandings between the DEPARTMENT and the GOVERNMENTAL BODY for traffic signals and/or other traffic control devices covered by this Master Agreement shall upon execution of this Master Agreement by the DEPARTMENT be superseded and be of no force or effect. All parking ordinances and provisions bearing on items other than traffic signal and traffic control device maintenance and energy charges contained in presently existing agreements or letters of understanding between the DEPARTMENT and the GOVERNMENTAL BODY shall remain in full force and effect. N. Modification. Exhibit A can be modified to add or delete signals or devices, but only by written revision signed by the Regional Engineer,the Englneer of Operations and the authorized representative for the GOVERNMENTAL BODY. The modification shall be effective when fully executed and filed with the Clerk or Secretary of the GOVERNMENTAL BODY. This provision applies only to modification of Exhibit A. 0. Plan Review. All traffic signal plans prepared by others for installation on State highways within municipal corporate limits, which are to be added to this agreement, must be reviewed and approved by the DEPARTMENT and the GOVERNMENTAL BODY. Printed 2/14/2011 Page 7 of 9 BoBS 2804(Rev.03/23/10) PART 6 COMPENSATION FOR SERVICES A. Cost Sharing. As indicated in Exhibit A,the cost of energy and maintenance of traffic signals, and/or other traffic control devices shall be shared in proportion to the number of approaches maintained by each unit of government. The maintenance cost of the interconnect and interconnect related equipment, as listed in Exhibit A, as well as engineering costs for any approved coordination and timing studies,shall be shared in proportion to the approaches maintained by each unit of government at all intersections within the interconnected system. H. Billing. Bills shall be submitted on a quarterly basis. The amount billed shall be the costs incurred less any proceeds from third party damage claims received during the billing period for repair of signals or devices that are the responsibility of the DEPARTMENT. Any proposed single expenditure in excess of$10,000 for repair or damage to an installation must be approved by the DEPARTMENT before the expenditure is made. The hours,or parts thereof,billed for each maintenance item will be at the actual time directly related to the work task. The DEPARTMENT reserves the right to examine the records of the GOVERNMENTAL BODY to determine that costs billed are fully documented. GOVERNMENTAL BODY costs are composed of labor, equipment, materials and the quantity of each. The cost for labor will be determined by the actual hourly rate for the employee plus a multiplier calculated by the GOVERNMENTAL BODY to include direct and indirect labor related costs, retirement, social security, health, hospitalization and life insurance, holidays, vacation, sick leave and workers compensation. Equipment costs will be as listed in the Schedule of Average Annual Equipment Ownership Expense. Materials will be at cost. The cost for contracted work will be the actual cost for the contractor. Printed 2/14/2011 Page a of 9 WS 2804(Rev.03/23110) PART 7 AGREEMENT AWARD NOTIFICATION REQUIRED FOR ALL PROJECTS Does this project receive Federal funds? ❑ Yes ® No Amount of Federal funds: Federal Project Number: Name of Project: CFDA Number`, Federal Agency, Program Title: *For CFDA(Catalog of Federal Domestic Assistance) Number, refer to original Federal Award/Grant Agreement. ANNUAL CERTIFICATION FOR COMPLIANCE WITH FEDERAL OMB- CIRCULAR A-133 NOTICE • Do not submit this certification to the department with your signed contract. • This certification applies ONLY to governmental agencies, local units of government and non- profit agencies expending federal funds for this project. It does not apply to for-profit public or private entities. • If OMB Circular A-133 applies to your organization, this certification or a copy of your OMB A-133 single audit must be submitted to the department at the end of your fiscal year for any fiscal year in which you expended any federal funds related to this contract. NOTE: ANNUAL COMPLIANCE WITH THIS REQUIRE„ IIEtiT 1S MANDATORY FOR EVERY YEAR IN WHICH FEDERAL FUNDS ARE EXPENDED FOR THIS PROJECT BY ANY STATES,LOCAL GOVERNMENTS OR NONPROFIT R ANIZA S. FAILURE TO COMPLY WITH THE ANNUAL CERTIFICATION TO THE DEPARTMENT WILL RESULT IN THE SUSPENSION OF PAYMENTS TO REIMBURSE PROJECT COSTS. In accordance with OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, such non-federal entities that expend$500,000 or more in federal awards in a year are required to have a single audit performed in accordance with OMB Circular A-133. The Illinois Department of Transportation (IDOT)is required by federal law to obtain and review the single audit of all entities that had any federally participating funds pass through it,irrespective of the amount provided by IDOT. It is the responsibility of the agencies expending federal funds to comply with the requirements of OMB Circular A-133 and determine whether they are required to have a single audit performed. In order to comply with this requirement,your agency must provide the following information to the department on an annual basis for every year in which you expended funds for costs associated with this project: 1. If your agency expended$500,000(or the current OMB Circular A-133 qualifying amount) or more in federal awards from all sources,including other agencies, in a year, you are required to have a single Printed 2/14/2011 Page 9 of 9 BOBS 2804(Rev.03123/10) EXHIBIT A Following is the list of signalized intersections and locations with traffic control devices along State highways located within or near the City of Yorkville, that are subject to the provisions of the attached Master Agreement to which this list is an Exhibit B. %OF %OF ENERGY AGENCY LOC.# INTER5ECTION MAINTANENCE CHARGES PERFORMING LEVEL RESPONSIBILITY RESPONSIBILITY MAINTANENCE STATE LOCAL STATE LOCAL 1 US 34&CENTER PARKWAY 50 50 50 50 CORP 1 2 IL 47(BRIDGE ST.)&VAN EMMON ST. (RAILROAD PREEMPT. BNSF) 50 50 50 50 CORP 1 3 US 34&IL 47 100 0 100 0 CORP 1 4 IL 47&IL 71 100 0 100 0 CORP 1 5 IL 47&IL 126 100 0 100 0 CORP 1 6 US 34&CANNONBALL TRAIL 50 50 50 50 CORP 1 7 IL 47&SOMONAUK ST. 50 50 50 50 CORP 1 8 IL 47& FOX ST, 50 50 50 50 CORP 1 9 IL47&COUNTRY SIDE PARKWAY 50 50 50 50 CORP 1 10 IL 47&CANNONBALL TRAIL(TRAIL(INCLUDES NB YELLOW FLASHER) 50 50 50 50 CORP 1 11 US 34&COUNTRY SIDE PARKWAY 67 33 67 33 CORP 1 12 IL 47& KENNEDY 67 33 67 33 CORP 1 13 US 34& MARKET PLACE 67 33 67 33 CORP 1 14 IL 47& LANDMARK AVENUE 50 50 50 50 CORP 1 15 US 34&MCHUGH RD. 50 50 50 50 CORP 1 16 US 34 &GAME FARM ROAD 67 33 67 33 CORP 1 17 IL 71&IL 126 100 0 100 0 CORP 1 18 US 34 & BRISTOL RIDGE RD. (GRAND RESERVE) 67 33 67 33 CORP 1 19 IL 47&WHEATION AVE. 67 33 67 33 CORP 1 20 IL47&SARAVANAS 0 100 0 100 CORP 1 21 IL 47&FOUNTAIN VILLAGE 50 50 50 s0 CORP 1 22 US 34&SYCAMORE RD. 0 100 0 100 CORP 1 23 US 34& BEECHER RD. 50 50 50 50 CORP 1 24 US 34&AUTUMN CREEK 67 33 67 33 CORP 1 25 IL 47 & ROSENWINKEL(WATERPARK WAY) 67 33 67 33 CORP 1 26 U5 34& ISABELL ST. 0 100 0 100 CORP 1 Following is the list of signalized intersections and locations with traffic control devices along State highways located within or near the City of Yorkville, EXHIBIT B TRAFFIC SIGNAL MAINTENANCE PROVISIONS A. GENERAL PROVISIONS 1. CABINET PACK Wiring diagrams, phase diagrams, and manuals that are required to be In each traffic signal controller cabinet at the time of construction completion shall remain in the cabinet. Written documentation of all traffic signal timing changes shall be provided in the cabinet. All entries shall be written in a clear and concise manner. The agent of the maintaining agency making any entries shall provide his/her signature and date of entry. These shall be kept in the cabinet to assist the DEPARTMENT on emergency call outs. 2. HARDWARE SPECIFICATIONS All equipment and material used shall comply with the requirements of the DEPARTMENT's Standard ifi tion for Road AW Bridge Construction. Failure to meet the DEPARTMENT's specifications shall be justification for permanent removal of the non-compliant equipment by the DEPARTMENT, with the cost of removal to be the responsibility of the GOVERNMENTAL BODY. Any costs incurred as a result of exceeding the DEPARTMENT's specifications for installing new equipment or painting new or used equipment;for example,installing decorative style poles, posts, or mast arm assemblies, will be the sole responsibility of the GOVERNMENTAL BODY. 3. HIGHWAY LIGHTING For maintenance involving combination traffic signal and lighting unit mast arm assemblies and poles,the foundation,traffic signal mast arm assembly, pole and all signal cable shall be considered part of the traffic signal system. The lighting arm, luminaire and all lighting cable shall be part of the highway lighting system. The highway lighting system components of each combination mast arm assembly and pole shall be tested for proper operation and physical condition during the Intersection cabinet inspection. All cost of inspecting and maintaining the highway lighting system equipment, is the responsibility of the GOVERNMENTAL BODY. In addition to regular inspection and maintenance, all cost of repairing or replacing damaged or missing highway lighting system equipment is the responsibility of the GOVERNMENTAL BODY. 4. EMERGENCY VEHICLE PREEMPTION SYSTEM Test Emergency Vehicle Preemption System (EVPS) equipment for proper operation and physical condition during the intersection cabinet inspection,. All program settings and each sequence of operation must be verified to be correct during each Inspection. All cost of inspection and maintaining the EVPS equipment, Including the light detectors, light detector amplifiers, radio transmitters and receivers, antennas,confirmation lights,and cables and related components,is the responsibility of the GOVERNMENTAL BODY. In addition to regular inspection and maintenance, all cost of repairing or replacing damaged or missing EVPS equipment is the responsibility of the GOVERNMENTAL BODY. 5. RAILROAD PREEMPTION At all locations with railroad/traffic signal interconnects, respond to any and all emergency and all red flash alarms in a timely manner and notify the Illinois Commerce Commission and the DEPARTMENT of the malfunction. None of the traffic signal railroad preempt parameters including but not limited to the phase timings, phase sequences and pedestrian and vehicular clearance intervals can be modified without prior approval from the DEPARTMENT and the Illinois Commerce Commission. Maintain unique spare controller data modules or sets of data chips containing the final railroad preemption parameters for each location. Cooperate in any inspection as deemed necessary by the DEPARTMENT or the Illinois Commerce Commission. The DEPARTMENT shall provide contact personnel available at all times to who railroad preemption malfunctions must be reported. 6. DAMAGE REPAIRS Repair or replace any and all equipment damaged by any cause whatsoever. 7. ACCIDENT DAMAGE Be responsible to make recovery for damage to any part of the installation or system from the party causing the damage. Whenever third party claims cannot be recovered, the DEPARTMENT shall share in the loss. 8. TEMPORARY TRAFFIC CONTROL Provide temporary traffic control during a period of equipment failure or for when the controller must be disconnected. This may be accomplished through the Installation of a spare controller, placing the intersection on flash, manually operating the controller, manually directing traffic through the use of proper authorities, or installing temporary stop signs which will be removed once the signal is in working condition. 9. EMERGENCY PERSONNEL Provide skilled maintenance personnel who will be available to respond without delay to emergency calls. This may be provided by agency forces, contract, or maintenance agreement. Controller failure, lights out, knockdowns, or two (2) red lights out at intersection are considered emergencies. Provide the DEPARTMENT the names, addresses and telephone numbers of at least two persons, who will be available for emergency repair of the traffic signals and keep the DEPARTMENT informed of any changes of same. 10. L.E.D. SIGNAL HEADS Install all light emitting diodes (L.E.D.) signal heads according to instructions provided by each head's manufacturer and vendor so as to prolong their Irfe and assure compliance under any warranties. Maintain logs of the dates of the L.E.D. modules installation for warranty and for end of service life determination purposes. 2 B. AS REPORTED OR OBSERVED 1. LAMP REPLACEMENT Replace burned out lamps for all red signal indications within twenty-four(24) hours of notification of burnout or on the next business day following the notification. However, if two or more red indications for an approach are burned out,these lamps must be replaced as soon as possible, and under no circumstances longer than twenty-four(24) hours after notification. Replace all other burned out lamps within forty-eight(48) hours or next business day of notification of burnout. Lamp changes shall always include a lens cleaning. 2. SIGNAL ALIGNMENT Keep signal heads properly adjusted, including plumb, and tightly mounted. All controller cabinets, signal posts and controller pedestals should be tight on their foundations and in alignment. 3. CONTROLLER PROBLEMS Check the controllers, relays, and detectors after receiving complaints or calls to ascertain that they are functioning properly and make all necessary repairs and replacement. 4. L.E.D. SIGNAL HEAD AND L.E.D. MODULE REPLACEMENT An L.E.D. module shall be considered failed and shall be replaced if at least one-fourth of the signal indication Is dark or if the module fails to meet ITE specification on minimum maintained luminous Intensity. Replace failed modules for all red signal indications within twenty-four(24) hours of notification of failure or on the next business day following the notification. However, if two or more red indications for an approach are failed,these modules must be replaced as soon as possible, and under no circumstances longer than twenty-four(24) hours after notification. Replace all other failed modules within forty-elght(48) hours or next business day of notification of faillure. Provide replacement light emitting diodes (L.E.D.) signal heads and modules that fully comply to the latest applicable Institute of Transportation Engineers (I.T.E.) specifications for vehicular and pedestrian L.E.D. signal modules. including but not limited to, color and intensity requirements. The signal and pedestrian housings shall also comply with the applicable ITE specifications. 5. PAINTING Repaint all signal components exposed to weather as needed. C. WEEKLY 1. MASTER CONTROLLER SYSTEMS At locations that are a part of a closed loop signal system maintained by the GOVERNMENTAL BODY, repair any and all malfunctions in a timely manner so that the signals remain under the control of the master at all times. As needed assist in the implementation of the signal system timing plans. Maintain the central signal system software on a PC so that the signal system is monitored weekly. Check weekly by phone or location visit for any malfunction. Verify software accuracy to central office software. 3 D. ANNUAL 1. CABINET INSPECTION Check the controllers, relays, and detectors to ascertain that they are functioning properly and make all necessary repairs and replacement. Keep interior of controller cabinet in a clean and neat condition at all times. 2. OBSERVE SIGNALS Observe the signals at the time of the annual cabinet inspection. This involves stopping and watching for correct detection and timing operation. 3. DETECTION TESTING Test and inspect vehicle detection Inductance loops, loop detectors, and pedestrian detection during cabinet visit annually. 4. VIDEO DETECTION TESTING Inspect, maintain, and clean all video detection and surveillance systems annually or as needed,to achieve clean lenses, proper alignment and proper focus. This shall include system camera, lenses, camera housings and hood/shield, pan,tilt, and zoom mechanisms and motors, mounting brackets and hardware, poles, microprocessors, controller, cables and communication equipment, and other related components. Maintenance shall include modifications to programmable detection zones. 6. RELAMP For the remaining incandescent signal heads, clean reflectors, lenses and lamps once at least every twelve (12) months or more often, if necessary. Replacement of lamps shall be performed on the same occasion as the cleaning required in this provision. 6. CONTROLLER CHECK When solid state controllers malfunction,they shall be removed, repaired, and bench checked. Solid state controllers shall not be removed for annual maintenance inspections. This annual check should verify software with central office software and reprint cabinet pack timings sheet. Controller check shall occur during a annual cabinet inspection. 7. FUSE AND BREAKER CHECKS Fuse and breaker check should occur during a annual cabinet inspection. Replace burned out fuses or deteriorated breakers as needed. 8. CLEARANCE TRIMMING Remove any obstruction blocking the line of sight of the traffic signal face to the motorist. The maintaining agency shall trim trees, bushes or any other form of vegetation blocking said lines of sight. The maintaining agency shall remove, or order the removal of,any man-made obstructions such as signs or banners blocking said line of sight. Visibility for line of sight shall meet the standards established and contained in the Manual on Uniform Traffic Control Devices (MUTCD). All trimmed vegetation shall be legally disposed of by the maintaining agency off the right of way. 4 9. HARDWARE INSPECTION Inspect all mast arm assemblies, mast arm poles, brackets (or other types of hardware) supporting traffic heads or pedestrian signal heads on an annual basis. The inspection shall focus on the structural elements of the mast arm assembly and must include a close up, arms length investigation of the mast arm, pole,mast to pole connection, base plate, and anchor bolts. The arm of the assembly shall be visually inspected at all signal head connections for any defects, such as cracks or buckles. Inspect the mast arm to pole connection for significant loss of section, cracks in welds or base metal, and deterioration of the connection plates. The bolts of the arm to pole connection shall be inspected for tightness and condition. Check the pole for external corrosion, impact damage, rust through perforation,deflection, distortion, or cracking. Closely inspect pole for corrosion near the base plate, especially if mounted on a grout bed. Check welds of the pole to base plate connection for cracks. Inspect base plate for section loss or deformation. Inspect mast arm anchor bolts for any corrosion or bending, and for loose or missing nuts. Upon discovery of any buckles or significant structural defects (loose or missing nuts, severe corrosion or dents, cracks in welds, plate or structure, etc.), immediately notify the DEPARTMENT. 10 PAVEMENT MARKINGS Inspect pavement markings and replace as necessary to Insure proper motorist and pedestrian guidance. Insure that stop bars, symbols and crosswalks are in good condition. Insure lane, edge and center lines, and reflectors, provide clear delineation for motorists during daytime and nighttime. s:%genlwpdocsllrafflc1yg12011 12011_11final master agreement exhibit b 1-24�011.docx 5 ,tg0 C/T� Reviewed By: Agenda Item Number J� f, O Legal ❑ NB #2 EST. 1836 Finance ❑ Engineer ❑ g Tracking Number 0 l City Administrator ■ Consultant ❑ PW 2011-16 �E `��. Public Works ■ Agenda Item Summary Memo Title: Fox Hill and Sunflower SSA mowing and Maintenance RFP Meeting and Date: Public Works March 15, 2011 Synopsis: RFP bid results for upcoming mowing and maintenance season for Fox Hill and Sunflower SSA areas Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: positive Council Action Requested: approval Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: C/,-,.y Memorandum To: Bart Olson, Administrator Esr. - ;____; pass From: Eric Dhuse, Director of Public Works 0 Ji! ;�1 C.is.. Date: March 7, 2011 K-9C-.v, Subject: Fox Hill & Sunflower SSA mowing and maintenance C E J g Bart, The Bid opening for the Fox Hill and Sunflower SSA mowing and maintenance areas is on Monday March 14, 2011. I will bring the completed bid tabulation with my recommendation to the March 15th Public Works committee meeting. I am attaching the RFP documents for the packet. If you have any question,please let me know. UNITED CITY OF YORKVILLE, ILLINOIS Request for Proposal Mowing and Maintenance of the Sunflower Estates and Fox Hill Subdivisions Special Service Areas February 2011 Introduction 1. The United City of Yorkville, Illinois (the "City") is issuing this Request for Proposal ("RFP") for the purpose of soliciting vendor proposals for the mowing and maintenance of certain areas in the Sunflower Estates and Fox Hill subdivisions Special Service Areas (see attached maps) to serve the current and projected needs of the City. 2. The City intends to seek the most cost-effective solution, based on the Criteria contained in this RFP, for its needs. 3. One original and one copy of the proposal will be accepted until 12:00 p.m., on Thursday, March 14, 2011. Proposals submitted must be binding for not less than ninety (90) days after the date received. The City will select the proposal, or combination of proposals, that, in its opinion, is in the best interest of the City. The City reserves the right to reject any and all proposals or portions of a proposal. The City also reserves the right to waive minor technicalities in the proposal. The City not only reserves the right at the sole discretion of the City to reject any and all proposals and to waive technicalities, but also reserves the right of evaluation and the right to determine the methodology for evaluation of the proposals to determine which is the best proposal and to accept the proposal (or proposals) deemed to be in the best interest of the City, i.e., the most qualified proposal will not necessarily be the proposal with the lowest cost. Further, the City reserves the right to accept a proposal (or proposals) for any or all items separately or together. 4. All inquiries shall only be addressed at a meeting open to all potential bidders with Eric Dhuse, Director of Public Works of the United City of Yorkville to be held Wednesday, March 9, 2011, at 9:00 AM at the United City of Yorkville City Council chambers, 800 Game Farm Road Yorkville, Illinois. 5. Proposals may also be hand-delivered to the following address by the date and time specified. It is the responsibility of the bidder to deliver the proposal in accordance with these instructions contained above and/or elsewhere in the RFP. Proposals dispatched, but not received by the City by proposal closing time, will be returned, after receipt, unopened to the bidder. All proposals should be addressed to: United City of Yorkville Re: (vendor name) Proposal for Fox Hill and Sunflower Estates subdivisions Special Service Areas Mowing and Maintenance Attention: Eric Dhuse, Director of Public Works 800 Game Farm Rd. Yorkville,Illinois 60560 6. Award of Contract. The United City of Yorkville City Council will make the final award of the proposal or contract. 7. Contract. In addition to the completed proposal, a resulting contract may be required by the City, including but not limited to,written correspondence between the City and the vendor subsequent to the proposal submission, facsimiles and product literature. All agreements between the United City of Yorkville and the vendor will be handled through our legal counsel. In addition, any legal restrictions or provisions, enforced by the vendor or its parent company, which are not in line with the industry's standard, should be pointed out. 8. Confidentiality of Documents. Proposals shall be opened so as to avoid disclosure of contents to competing bidders and kept secret during the process of negotiation. However, all proposals that have been submitted shall be open for public inspection after contract award. Trade secrets and confidential information, as specified by the vendor, contained in the proposals shall not be open for public inspection. 9. Contact with City Employees. In order to ensure fair and objective evaluation, all questions related to this RFP should be addressed only at the meeting with Mr. Dhuse. Any other contact with a City employee is expressly prohibited without prior consent of the persons so named herein. Vendors directly contacting other City employees will risk elimination of their proposal from further consideration. Conditions 1. Contractor shall perform the maintenance and furnish all labor, equipment, services and supplies for the mowing and string trimming and other maintenance and services for the Fox Hill and Sunflower Estates subdivisions Special Service Areas (see attached maps) for the approximate period of April 1, 2011 through November 1, 2011. 2. Contractor will furnish the following certificates of insurance with provision that insurance policies may not be cancelled or reduced in any way which would limit coverage without thirty (30) days prior written notice to the United City of Yorkville. A. Workmens' Compensation Insurance covering employees performing the services outlined in this contract. B. Comprehensive General Liability Insurance on an occurrence basis in an insurance company licensed to do business in this state. $1,000,000.002,000,000.00 3. Work Completed under this contract shall be subject to the approval of the United City of Yorkville. For the practical implementation of the contract,the contractor agrees to meet with the City as often as necessary to discuss any and all aspects of the contract. 4. If in the opinion of the United City of Yorkville Public Works Department or the Parks and Recreation Department, the contractor has or is not satisfactorily performing the work covered by the contract, within fourteen (14) calendar days of receipt of a written demand from the United City of Yorkville, for performance by registered mail, or has not cured any defect in performance specifically itemized in such written demand,the United City of Yorkville may, at its option: a. Consider all or any part of the contract terminated and no further payment due from the City to the contractor; or, b. Hire another contractor to cure any defects in performance or to complete all work by the amount paid to the replacement contractor for the remaining term of the contract and reduce all sums due and owing to the contractor's replacement. 5. Neither the contractor nor the United City of Yorkville shall be held liable for damages caused beyond its control and without its fault or negligence including but not limited to, acts of God or the public enemy, acts of the government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or unusually severe weather. Criteria 1. Mowing—All mowable areas will be maintained at a height of 2 '/z" (or 3" in hot and dry conditions.) Grass shall be cut weekly or when it is 1" higher than specified height. Grass next to light poles, trees, etc., shall be mechanically trimmed to the same height as specified above at the time of each mowing. All grass clippings and debris, shall be removed from the sidewalks, trails, and streets at the time cutting takes place. 2. Mulching— Shredded hardwood mulch shall be placed around trees, flower beds, and other landscape areas to a depth of 3"two times per year or as needed. All pricing to be per cubic yard, installed. 3. Weeding — All landscaped areas will be hand weeded as requested by the City. All weeding to be performed within seven(7) days of request. All pricing to be hourly rate,for labor. 4. Monument Repair— This includes but is not limited to painting, washing, mortar repair or replacement, staining and monument replacement if necessary. All pricing to be hourly rate. All.specific jobs will be quoted as needed. 5. General Maintenance — This includes but is not limited to the following: erosion repair, reseeding including the use of erosion control blanket, or other essential maintenance repairs not covered under any specific line item. All pricing to be hourly rate. All specif c jobs will be quoted as needed. 6. Beautification—Planting of annual or perennial flowers, various size bushes or 3" diameter trees as needed for replacement or new installation. All pricing will be labor only to install. All tree/plant pricing will be negotiated separately. 7. Billing/Invoicing—All billing and invoicing will be done on a monthly basis with detailed itemized billing for each work item performed for each SSA subdivision area. Billing will include the date the work item was performed, the cost per work item and the total cost for the month. Fox Hill and Sunflower Estates 3114111 12:0013 !SSA areas mowing and maintenance Witness: ED :Bid Form ,FY 11-12 ,Cost per Season City*Estimate- ;Item Unit— Quantity i Price per Acre Cost per Cuffin (est 28 cuttings) Mowing- Fox Hill IAC s 5.291 $50.00 $264.50 $7,406.00' Mowing-Sunflower Estates ;AC 51 $50.00 $250.00 $7,000.00. Item l'Unit Rate Mulching IN PLACE $45.00� Needing H i ----.$40.00[__ 'Monument re HR $40.001 pa!lrs--. 'General Maintenance HR $40.00I Beautification HR_.. $40.00' Vendor Bid i Cost per Season Item Unit Quantity Price per Acre Cost per Cutting (est 28 cuttings) Q . . Vowing-Fox Hill 'AC 5.29 00.1 Mowing-Sunflower Estates 'AC 5 =N, m -41 1 _01V MA =4a�m W WX 1 Item Wit Rate �CY IN PLACE Bid pricing for [Mulchinm91— both SSA areas `Weeding HIR ;Monument repairs HIR [General Maintenance Hk_ ;Beautification 1HR Vendor lnf,6iiWit_ion Name Address Phone ---------- - - -- -i---- -. . . i. I�ax Signature SUNFLOWER ESTATES SUBDIVISION HOME OWNERS ASSOCIATION PROPERTY Eli ` 3 STOKE I � LSH WESTmND DR. T. L -. i y G EEN BRIAR RD. NFLOWER Soulh Ent o SmIllower WALSH CIRCLE j Park if JI ..D r - —....... Now • .• r Note: Existing COLUMBINE OR < '- irrigation system i M-7. 1 —-...--- -- — -- I will not be v maintained ?IINk� I�iA� I LL IIJ, DR1VE LSH L I I i j" V) \ j < IL ROUTE 71 (STAGECOACH TRAIL) s NORTH Not to scale J \\� UTE RO 34 ��\\ \��\���,.. 1>OS ^ •- 1620 � � �� � n°a \ � •` \�_ \•1707 calf N t fi22 � c in '� g yy� � \�\\��� 1624 161j � cress 627 w �� x \�\\ \\\\\ 'o o 1452 1457 140 1407 140 140 1439 1440 r v a •• ` � \; � b i � ,. ,.\. `'�\•�''�\`�\\\��\ ' r 1450 7 7 7 1 \\\•�`_.�_.��\�\\�\�O-�\\� 447 4047 0 3•W 0 1440 0 4 1�> i4p /4J`�1 y 14`1 m g < v - �h \ ^ \•�\ 1445 9 � 1409 j� 1408 143j 14J? 4pB� ® �3 .'�.`'^�\•\ � h �'� 1444 yo o x�, 1410 lags aaa.E 1412 1427 141 �pL Sato m m `10j 1305 1306 1438 141 423 g g 1304 !'pia ,D 172 1303 cq 1225 1226 1732 1228 1223 '� 1224 /'JJ 1734 1227 1224 1221 1222 1735 1736 1225 1222 1219 1220 AREAS TO BE MAINTAINED BY \1.y'� ^ � 1738 1223 .j�?j r:���,i 1217 121 — 1742 1221 1220 J HOMEOWNERS ASSOCIATION OR S.S.A. 1215 0 0 c 1218 5.29 ACRES OF LANDSCAPE AREA w w w o on 217 1.54 ACRES OF WALK TRAIL (8303') Ntio� m 1216 6.83 ACRES TOTAL ry ry N ° o N V. 1214 AREAS TO BE MAINTAINED BY Cr Y OF YORKVILLE NOM 22.11 ACRES TOTAL is SCALE : I"— 400' DATE BY: M. DELAHR 07/ t United City of Yorkville Public Works Department 800 Game Farm Rd. Yorkville, IL 60560 Phone—630-553-4370 - ALE �e� Fax—630-553-4377 �4 ADDENDUM NO. 1 Date: March 2, 2011 Project: Fox Hill Estates and Sunflower Estates SSA Mowing and Maintenance 2011 From: United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 To: All Prospective Bidders Note: This addendum is hereby declared a part of the CONTRACT DOCUMENTS for the project and designated above and in case of conflict, the following addendum shall govern, bidders shall state in their proposal or at time of bid opening that this addendum has been received. Request for Proposal Introduction section number 3. 3. One original and one copy of the proposal will be accepted until 12:00 p.m., on MONDAY, March 14,2011. Proposals submitted must be binding for not less than ninety(90)days after the date received. The City will select the proposal, or combination of proposals, that, in its opinion, is in the best interest of the City. The City reserves the right to reject any and all proposals or portions of a proposal. The City also reserves the right to waive minor technicalities in the proposal. The City not only reserves the right at the sole discretion of the City to reject any and all proposals and to waive technicalities,but also reserves the right of evaluation and the right to determine the methodology for evaluation of the proposals to determine which is the best proposal and to accept the proposal (or proposals) deemed to be in the best interest of the City, i.e.,the most qualified proposal will not necessarily be the proposal with the lowest cost. Further, the City reserves the right to accept a proposal (or proposals) for any or all items separately or together. 0 Memorandum To: Bart Olson, Administrator Esr. -� 1836 From: Eric Dhuse, Director of Public Works o o cc: Date: March 15, 2011 Subject: Fox Hill/Sunflower RFP results CE Bart, I have attached the RFP results for the yearly mowing and maintenance for the Fox Hill and Sunflower Estates SSA areas for your review. The low bidder for the mowing was Classic Landscape LTD., of West Chicago. They were also lower priced for mulch and very comparably priced for all other maintenance items. Classic Landscape LTD was the contractor that maintained the areas last year and I was very satisfied with their work and would recommend them again this year. I will bring this information to the PW committee meeting tonight for discussion. If you have any questions, please let me know. FOX HILL ESTATES&SUNFLOWER ESTATES SSA BID FORM Bid Opening FY 11-12 3/14/2011 Vendor Vendor Vendor Vendor 12:00 PM City of Yorkville Twin Oaks Landscaping Inc. BLC Yardworks Best Kutters,Inc. Grenlend Lawn Mgmt.Serv. ED Estimate 997 Harvey Rd P.O.Box 836 P.O.Box 12 Oswego,IL 60543 Yorkville,IL 60560 Somonauk,IL 60552 Bristol,IL 60512 Mowing-Fox Hill 5.29 AC $50.00 $45.00 $45.00 $42.50 $45.00 Mowing-Sunflower 5.00 AC $50.00 $45.00 $45.00 $42.50 $45.00 Yearly Mowing Costs equals mowing per time cost x 28 FHE $7,406.00 $6,665.40 $6,665.40 $6,295.10 $6,665.40 mowings per year SFE $7,000.00 $6,300.00 $6,300.00 $5,950.00 $6,300.00 TOTAL $14,406.00 $12,965.40 $12,965.40 $12,245.10 $12,965.40 ITEM Unit Rate Rate Rate Rate Mulching CY $45.00 $45.00 $45.00 $45.00 $43.00 Weeding HR $40.00 $40.00 $35.00 $30.00 $35.00 Monument Repairs HR $40.00 $40.00 $35.00 $30.00 $35.00 General Maintenance HR $40.00 $40.00 $35.00 $30.00 $35.00 Beautification HR $40.00 $40.00 $35.00 $30.00 $35.00 FOX HILL ESTATES&SUNFLOWER ESTATES SSA BID FORM Bid Opening FY 11-12 3/14/2011 Vendor Vendor Vendor Vendor 12:00 PM City of Yorkville George's Landscaping,Inc. Nelson's Landscaping English Landscaping Classic Landscape LTD. ED Estimate 1410 Mills Rd P.O.Box 154 3N471 Powis Rd Joliet,IL 60433 Sandwich,IL Yorkville,IL 60560 West Chicago,IL 60185 Mowing-Fox Hill 5.29 AC Per AC $50.00 $42.50 $44.50 $38.00 $29.00 Mowing-Sunflower 5.00 AC Per AC $50.00 $42.50 $44.50 $38.00 $26.00 Yearly Mowing Costs equals mowing per time cost x 28 FHE $7,406.00 $6,295.10 $6,591.34 $5,628.56 $4,295.48 mowings per year SFE $7,000.00 $5,950.00 $6,230.00 $5,320.00 $3,640.00 TOTAL $14,406.00 $12,245.10 $12,821.34 $10,948.56 $7,935.48 ITEM Unit Rate Rate Rate Rate Mulching CY $45.00 $48.50 $30.00 $42.00 $45.00 Weeding HR $40.00 $26.50 $30.00 $35.00 $30.00 Monument Repairs HR $40.00 $54.00 $30.00 $35.00 $35.00 General Maintenance HR $40.00 $54.00 $30.00 $35.00 $30.00 Beautification HR $40.00 $54.00 $30.00 $35.00 $30.00 FOX HILL ESTATES&SUNFLOWER ESTATES SSA BID FORM Bid Opening FY 11-12 3/14/2011 Vendor Vendor Vendor Vendor 12:00 PM City of Yorkville 4 Seasons Landscaping ED Estimate 6139 Caton Farm Rd Yorkville,IL 60560 Mowing-Fox Hill 5.29 AC $50.00 $60.00 Mowing-Sunflower 5.00 AC $50.00 $60.00 Yearly Mowing Costs equals mowing per time cost x 28 FHE $7,406.00 $8,887.20 $0.00 $0.00 $0.00 mowings per year SFE $7,000.00 $8,400.00 $0.00 $0.00 $0.00 TOTAL $14,406.00 $17,287.20 $0.00 $0.00 $0.00 ITEM Unit Rate Rate Rate Rate Mulching CY $45.00 $55.00 Weeding HR $40.00 $35.00 Monument Repairs HR $40.00 $35.00 General Maintenance HR $40.00 $35.00 Beautification HR $40.00 $35.00 Reviewed By: Agenda Item Number n O J /4i- -n Legal ❑ NB #3 -R Finance ❑ EST.,` � �_1836 Engineer ❑ g Tracking Number 0 , City Administrator ■ Consultant ❑ PW cwi�5eat w:bau ca,my C.E `�`� Public Works ■ - Agenda Item Summary Memo Title: MFT general maintenance appropriation FY 11-12 Meeting and Date: Public Works Committee March 15, 2011 Synopsis: Yearly appropriation of MFT funds for goods such as salt, signs, cold patch And hot patch Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Positive Council Action Requested: Approval Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: cry O� Memorandum t To: Bart Olson, Administrator EST. - pass From: Eric Dhuse, Director of Public Works g CC: 1i fry 0 Date: March 7, 2011 K�r—" Subject: MFT appropriation �.E '< J Bart, I have attached the yearly appropriation of MFT funds for general maintenance for FY 11-12. This appropriation is for our basic supplies such as salt, cold patch,hot patch, and street signs. This year's amount is $234,400 which is down from $245,000 last year. The difference is in the salt pricing. I do estimate conservatively the price of salt so we do not fall short and have to re- appropriate funds that may already be spoken for. Any money that is not used during the year simply returns to the MFT fund as un-obligated. I would ask that this be placed on the March 15, 2011 Public Works committee agenda for discussion. If you have any question, please let me know. Illinois Department Resolution for Maintenance of of Transportation Streets and Highways by Municipality Under the Illinois Highway Code BE IT RESOLVED, by the Mayor and City Council of the (Council or President and Board of Trustees) Uited City of Yorkville Illinois, that there is hereby (City,Town or Village) QJ� (Name) appropriated the sum of of Motor Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of the Illinois Highway Code from May 1, 2011 to April 30, 2012 (Date) (Date) BE IT FURTHER RESOLVED, that only those streets, highways, and operations as listed and described on the approved Municipal Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this resolution, are eligible for maintenance with Motor Fuel Tax funds during the period as specified above. BE IT FURTHER RESOLVED, that the Clerk shall, as soon a practicable after the close of the period as given above, submit to the Department of Transportation, on forms furnished by said Department, a certified statement showing expenditures from and balances remaining in the account(s)for this period; and BE IT FURTHER RESOLVED, that the Clerk shall immediately transmit two certified copies of this resolution to the district office of the Department of Transportation, at Ottawa , Illinois. I, Jackie Milschewski Clerk in and for the United City of Yorkville County of Kendall (City,Town or Village) hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Mayor and City Council at a meeting on March 22, 2011 (Council or President and Board of Trustees) Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of (SEAL) Clerk (City,Town or Village) Approved Date Department of Transportation Regional Engineer Printed 2/1612011 BLR 14230(Rev. 11/06) Illinois Department Municipal Estimate of of Transportation Maintenance Costs Section Number 11 -00000-00-GM Period from 05/01/2011 to 04/30/2012 Municipality United City of Yorkville Estimated Cost of Maintenance Operations Maintenance For Group 1 II or III Material E ui ment or Labor Operation Group I I I Unit I d Operation (No.—Description) (i,u,ui,iv) I Item Unit I Quantity Price Cost Cost Bituminous Patching II Bituminous Cold Patch Ton 100 110.00 $11,000.00 11 000.00 Surface Hot Mix Ton 200 70.00 $14,000.00 14,000.00 Signs, Posts & Hardware II Various Signs EA 150 45.00 $6,750.00 6,750.00 Sin Posts EA 150 36.00 $5,400.00 5,400.00 Brackets and Hardware EA 150 35.00 $5,250.00 5,250.00 Snow Removal II Bulk Rock Salt TON 1 2400 80.00 $192,000.00 192,000.00 b Total Day Labor Costs $234,400.00 Total Estimated Maintenance Operation Cost $234,400.00 Preliminary Engineering Engineering Inspection Material Testing Total Estimated Engineering Cost Total Estimated Maintenance Cost $234,400.00 Submitted: Approved: Date Date By: Municipal Official Title Regional Engineer Submit Four(4)Copies to Regional Engineer Page 1 of 1 BLR 14231 (Rev.2/23/06) Printed on 2116/2011 8:07:13 AM Illinois Department of Transportation Special Provisions The following Special Provisions supplement the"Standard Specifications for Road and Bridge Construction", Adopted January 1, 2007 the latest edition of the"Manual on Uniform Traffic Control Devices for Streets and Highways", and the "Manual of Test Procedures of Materials" in effect on the date of invitation of bids, and the Supplemental Specifications and Recurring Special Provisions indicated on the Check Sheet included here in which apply to and govern the construction of 11-00000-00-GM , and in case of conflict with any part, or parts, of said Specifications, the said Special Provisions shall take precedence and shall govern. Bituminous patching - The United City of Yorkville will use a N-30 or N-50 surface course mix on all patches throughout the city. All patches will be performed in accordance with Section 406 of the Standard Specifications for Road and Bridge Construction adopted January 1, 2007. Page 1 of 1 BLR 11310(Rev.7/05) Printed on 2/16/2011 8:07:29 AM r LR 1013 1 Page 1 of I. State of Illinois DEPARTMENT OF TRANSPORTATION Bureau of Local'Roads and Streets SPECIAL PROVISION FOR ROCK SALT Effective August 1, 1969 Revised January 1, 2002 All references to Sections or Articles in this s-speciflcation shall be construed to mean a specific Seotlon or Article of the Standard Specifications for Road and Bridge Construction, adopted by the Department of Transportation. Description, This item shall consist of furnishing rock salt(sodium chloride) In bins or stockpiles at location designated In the Proposal. Materials. Material shall meet the requirements of Article 1013.02 except that the gradation shall be as follows: Passing 12.5 mm 0/2 inch)sieve 100% Passing 9.5 mm (3/8 Inch)sieve 95- 100 % Passing 4.75 mm(No.4)sieve 20- .90 % Passing 2.36 mm(No. 8)sieve 10- 60 °/G. Passing 600-pin (No. 30) sieve . 0.- 10 % The.Department reserves the right to reject any shipments.of rock salt which are delivered In a frozen'or caked condition or which contain free water. The Department reserves the right to accept delivery of Rock Salt which, according to analysis by the Department, has a sodium chloride (NaCI).content of less,than 96.0 %, but is riot less than 90.0 %. Material With, less than 90.0 % sodium chloride will be rejected. When such exceptions are allowed, payment will-be adjusted. Method of Measurement..Rock salt will be measured by the metric ton (ton). Baal's of Payment. This work will be paid for at the contract unit price per metric ton (ton)'for furnishing and transporting ROCK SALT based on the sodium chloride content.-Payment will be in accordance with the following schedule: NaCI Content 96.0%to 100.0%Net Bid price-per ton. NaCI Content 95.0%to 95.9%Bid price less $0.50 per met ic.ton (ton). NaCI Content 94.0%to 94.9%.Bid price less $2.00 per metric ton (ton). NaCI Content 90.0%to 93.9% Bid price less $4,00 per metric-ton (ton). LR 442 Page 1 of 2 STATE OF ILLINOIS DEPARTEMENT OF TRANSPORTION DIVISION OF HIGHWAYS LOCAL ROADS AND STREETS BITUMINOUS PATCHING MIXTURES FOR MAINTENANCE USE Effective: January 1, 2004 Revised: June 1, 2007 This special provision covers course graded and fine graded bituminous mixtures for use in maintaining small areas on flexible and rigid type pavement. Materials. The materials, control, quality, sampling,testing, inspection and storage of material shall conform to the specific requirements of the Standard Specifications for Road and Bridge Construction adopted by the Department of Transportation. Bituminous Patching Mixtures.The material supplier or contractor may furnish any of the following Bituminous Patching Mixtures listed in the individual Group for which the award was made. Group I —Bituminous Patching Mixtures Serial No. M-17-07: Bituminous Mixture for Maintenance Use, Emulsified Asphalt Type Serial No. M-19-07: Bituminous Mixture for Maintenance Use, Liquid Asphalt Type Serial No. M-20-07: Bituminous-Sand Mixture for Maintenance Use Serial No. M-48-02: Bituminous Premix for Maintenance Use, Inverted Emulsified Asphalt CBAE-2 Serial No. M-126-07: Bituminous Mixes for Maintenance Use, Reinforced Fiber Mixture Bituminous Patching Mixture (HMA): This mixture shall conform to the material requirements of Section 1030. The mixture shall be a High ESAL IL-12.5 N50, High ESAL IL-9.5 N50, or Low ESAL IL-9.5 N30 mix. The bituminous material shall be limited to asphalt PG 58-28 or PG 52-28. Group II—Bituminous Patching Mixture(Proprietary) Serial No. M-120-07: Bituminous Premix for Maintenance Use-Optimix, Sylcrete, UPM, QPR-2000, EZ Street, SMP- Proprietary Sources Serial No. M-133-96: Bituminous Premix for Maintenance Use, Instant Road Repair- Proprietary Placing of Bituminous Patching Mixture.All holes and depressions in the existing surface which exceed %" in depth shall be repaired by removal of all loose and defective material and replaced with the specified Bituminous Patching Mixture. The material shall be compacted to produce a tight surface conforming to the adjacent area. Method of Measurement. Bituminous patching mixture will be measured for payment in metric tons (tons). LR 442 Page 2 of 2 Basis of Payment. This work will be paid for at the contract unit price per metric ton (ton)for BITUMINOUS PATCHING MIXTURE (GROUP 1); BITUMINOUS PATCHING MIXTURE (GROUP II); When bids are taken F.O.B. trucks at the mixing plant a hauling differential of$ per ton- mile haul from mixing plant to location designated in the proposal will be used to determine the low bid. Round trip distance shall be used to calculate the hauling differential to ba usad to compare bids. Bidders are required to fill in the location of the plant from where they propose to supply the patching mixture, on the material proposal form. State of Illinois Department of Transportation Division of Highways Springfield SPECIFICATIONS FOR BITUMINOUS PREMIX FOR MAINTENANCE USE PROPRIETARY MIXES Serial Number: M 120-10 1. DESCRIPTION. The patching material shall be composed of a mineral aggregate, plant-mixed with a liquid asphalt and chemical additives from the suppliers of the proprietary mixtures. The bituminous material shall be capable of coating wet aggregates without stripping, and shall be available in various grades so that one such grade will enable a stockpile to remain pliable and workable at a temperature of-26 °C(-15 °F). The patching material shall be capable of maintaining adhesive qualities in patched areas which are damp or wet at time of application, and also after remaining in an uncovered stockpile for up to twelve(12) months. 2. MATERIALS. Control of the materials shall be in accordance with the general requirements of Section 106 of the current Standard Specifications for Road and Bridge Construction. If required, a f five kilogram (ten-pound)sample of the mineral aggregate and one-liter(one-quart) sample of the liquid asphalt shall be submitted to the Bureau of Materials and Physical Research, 126 East Ash Street, Springfield, Illinois, for performing the tests specified herein. (a) Aggregate All Coarse Aggregate used in the proprietary mixtures shall consist of crushed stone of Class B quality or better as defined in Article 1004.01(a)&(b)of the above cited Standard Specifications. (b) Bituminous Materials The bituminous material shall be a formulation of the liquid asphalt blend prepared under the supervision of the proprietary mix supplier. It shall meet the requirements of ASTM D 2026 or ASTM 2027, whichever applies, modified as follows: 1 ASTM D 92 Flash point(COC) 94(200) 94(200) 94(200) 94(200) 9200) 94(200) 121 (250) °C(°F)-minimum ASTM D 2170 Kinematic Viscosity 60°C(140°F)mm'Js(cSt) 350-3000 300-4000 300-4000 300-4000 400-2500 280-400 300-4000 300-4000 400 600 cPs ASTM D 95 Water %-maximum 0.2 0.2 0.2 0.2 0.2 — 0.2 0.2 0.1 ASTM D 402 Distillate %by Volume of Original Sample Temperature Distillate to 225°C(437°F) 0 0 0 0 0 0 0 0 0 Distillate to 260°C(500°F) 0-5 0-5 0-5 0-5 0-5 0-5 0-5 0-5 0-0 Distillate to 315°C(600°F) 0-21 0-25 0-25 0-25 0-18 8-50 0-25 0-25 0-55 Residue from distillation to 360°C(680°F) 70-94 72-95 — — 73-95 70-95 72-95 72-95 80-90 %Volume by Difference Residue Tests: ASTM D 2171 Absolute 11.5-04.0 12.5-42.5 12.5-42.5 12.542.5 12.5-42.5 12.042.5 12.5-42.5 12.5-42.5 12.542.5 P Viscosity al 60 Seconds lse (115440) (125425) (125425) (125425) (125425) (120425) (125-425) (125425 Pascal Seconds(Poises) ) (125-425) ASTM D 5 Penetration 25°C(77°F) — 200 — — — 100 g,5s–minimum — 2D0 200 300 ASTM D 5 Penetration, modified with cone,25°C(77°F) 200 160 180 180 180 — — — 150 g,5s–minimum ASTM D 113 Ductility 21°C(70°F) lcmlmin. — — 100 100 — 100 — — — cm–minimum ASTM D 113 Ductility 4°C(39°F) lcmlmin, 85 100 — — 100 1D0 100 100 100 cm–minimum ASTM D 2042 Solubility in Trichloroethylene 99.0 99.0 99.0 99.0 99.0 99.0 99.0 99.0 99.9 %-minimum 2 (c)Stripping Tests The combined UPM and liquid asphalt shall meet the following stripping tests: (1) Stripping Tests: Dry Aggregate. Two-hundred grams of the air-dried aggregate passing the 12.5 mm('/z-inch)sieve and retained on the 4.75 mm (No. 4) sieve shall be combined with 6.3 percent, by weight, UPM liquid asphalt and mixed in a hemispherical metal dish with a stiff spatula for three to five minutes or until a uniform coating is obtained. Twenty-five grams of this material shall be immediately place in an oven at 60°C t 3°C(140 OF t 5°F),for eighteen to twenty-four hours, after which it shall be thoroughly mixed and allowed to cool to room temperature. The sample shall then be immersed in water at a temperature of 49 °C t 3 °C(120 IF t 5°F), and maintained at this temperature for twenty-four hours. At the end of this period,the area of the aggregate remaining coated shall be determined visually while the sample is still immersed in water. Surface coating of at least 90 percent must be retained on the aggregate. A test similar to the above using MC-250 shall be made for comparison. (2) Stripping Test: Wet Aggregate. Two-hundred grams of the aggregate passing the 12.5 mm(Y2-inch)sieve and retained on the 4.75 mm (No. 4) sieve shall be immersed in water for twenty-four hours and the excess water drained off, leaving the aggregate surface wet. This aggregate shall be combined with 6.3 percent; by weight, UPM liquid asphalt and mixed in a hemispherical metal dish with a stiff liquid spatula for three to five minutes or until a uniform coating is obtained. Twenty-five grams of this material shall be immediately place in an oven at 60 °C t 3°C (140 OF t 5°F), for eighteen to twenty-four hours, after which it shall be thoroughly mixed and allowed to cool to room temperature. The sample shall then be immersed in water at a temperature of 49 °C t 3°C(120 OF f 5°F), and maintained at this temperature for twenty-four hours. At the end of this period,the area of the aggregate remaining coated shall be determined visually while the sample is still Immersed in water. Surface coating of at least 90 percent must be retained on the aggregate. A test similar to the above using MC-250 shall be made for comparison. In estimating the percentage of area remaining coated, any thin or translucent area shall not be considered as being coated Proprietary mixes, Sylcrete EV, Sylcrete VA, Optimix, QPR-2000, EZ Street,SMP, Sakrete All Weather, and Proline shall meet the following stripping tests. (1) Place 50 grams of cold mix into a beaker containing 400 ml of boiling distilled water. Bring back to boiling and boil for 3 minutes with constant stirring at 1 revolution per second. At the end of 3 minutes, remove the beaker from the heat source and immediately decant the water. Empty the wet mix onto a paper towel and examine. The retained coating shall not be less than 95 percent. (2) AASHTO T 182-06 Coating and Stripping of Bitumen-Aggregate Mixtures. 3. INSPECTION. The Engineer or his authorized representative shall have access at any time to all parts of the plant in order to verify weights or proportions and quality of materials used in the preparation of the mixture. The manufacturer shall afford such facilities as may be required for making inspection at the plant and for collecting and forwarding samples of the ingredient materials and bituminous mixture to the Department. 3 i 4. PLANT AND EQUIPMENT. Storage facilities and all equipment used in the preparation of the mixture shall be approved by the Department. An approved drier shall be available for surface drying the aggregate when needed. The materials for individual batches shall be measured accurately, either by volume or weight, by approved methods and equipment. A batch type mixer of approved design and capacity shall be used in mixing the ingredient materials. However, approval for the use of a continuous mixer will be given if it can be shown that satisfactory results will be obtained. 5. PREPARATION OF MIXTURE. The aggregate and Optimix, or QPR-2000, or Sylcrete, or UPM, or EZ Street, or SMP liquid asphalt shall be proportioned into the mixer and mixed for at least 30 seconds or until a uniformly coated mixture is obtained. The liquid asphalt shall be heated to a temperature of 93 °C i 28°C (200°F t 50° F), at the time of mixing, and in accordance with the instructions of proprietary mix supplier. When necessary to heat the aggregates, the aggregates should not be heated to more than 68 °C (155 °F). 6. COMPOSITION OF MIXTURE. The ingredients shall be combined to produce a mixture meeting the approval of the Department and conforming to the following composition limits, by weight, as determined by tests of the prepared mixture: 4 Gradation of Extracted Aggregate % Passing) I 12.5 mm 1/2" 100 100 100 100 100 100 100 100 100 100 100 100 9.5 mm 318" 90-100 100 90-100 90-100 90-100 100 90-100 95-100 100 90-100 90-100 100 4.75 mm No.4 20-55 85-100 20-55 20-55 15-55 70-100 20-55 80-100 85-100 20-55 20-55 70-100 2.36 mm No. 8 5-30 10-40 5-30 5-30 5-30 0-10 10-40 5-30 5-30 1 20-40 1.18 mm No. 16 0-10 0-10 0-10 0-10 0-10 0-10 0-10 0-10 0-10 0-10 0-10 10-30 !I f 600 prn(No.30) 0-7 0-7 0-10 0-25 300 pm No.50 0-5 0-5 0-5 0-5 0-5 0-10 0-5 0-5 0-5 0-20 75 pm(No.200) 0-2 0-2.5 0-2.5 0-2 0-4 0-4 0-3 1.5-3.5 0-4 0-4 0-2 0-5 Residual yBitumen 3-6.5 3-6.5 3-7.0 3.5-6.5 3.5-6.5 3-7 3-7 3.5-7.0 3.5-7.0 3-7.0 4.0-6.0 'Based on percent of total aggregate weight. 2JBased on percent of total mixture weight. 5 7. LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC. The laws to be observed; permits and licenses; patented devices; materials, and processes; and responsibility for damage claims, shall be in accordance with the requirements of Section 107 of the above cited Standard Specifications. Effective June 1, 2010 lit aAl fl d � rtae JDP/M120-10 6 8-12 ' (200-]001 3 1751 lH(9501 4 4 AgEr I (1001 mtn. 11001 4 1 c II001 A (1001 -"E 4 _ (1001 4 ry C 4-6(100-1501 N Ir I N°0 4-6 1100-150) Oronpe Orange COME REFLECTOR® COME RMBLE DOMEATOR YERIM PANEL DRUM POST MOUNTED (3001 A A117 mI ®I� g ll50) _ (1501 N a _ gE 2 24(600) g =E E rtln, �E �I 241 i ml I 16001 9in TYPE 1 BARRICADE TYPE B BARRICAM TYPE RI BARRICADE MAI'MN INDICATOR 11ERi m BARRr" BARRR:ADE i GENERAL NDTES Ad nights shown shell be measured above the pavement surface. • warning tignts(7 requlre ) Al dimen5l0.-t5 are in Irknes fmOCm�etersl unless pthervlse shown. DATE REVISIONS TRAFFIC COM01. ®Imneb oeoar rmenr of Trauaortellon TRAFFIC Y �1 1-1-09 Switched units to �ptppyre bnsr L ropy - Engllsh/metrlcl,01(dtted DACES light on Vertical p—L 1-1-09 Renumbered Standard (Sheet I of ]) P°A°�0t0o9 - 702001-06.Rev.note for tTANDARD 7D190I-01 croco[w n otsJSw wo prvuu srT temp,signs on Sheet 2. I I Type B monod(recticnd flashing light 1848 145OXA501 •• orange flops 6'- 12' 11.9 m-3.6 m) ROAD 'c CONSTRUCTION FEND E I NEXT X MILES CONSTRUCTION o ' G20-1(0)-6036 G20-2aW)-6024 I rood DOSt 24- 10' - - S'115 no (600 3 m)min turd Edge of-- °o= v 4'U.2 all rural '12.1 M min urban povement ^. SIGN Tnls signing is redutred for all prolecta 6.11.2 m)urban or tats E 1IF SPECIFIED) 2 mlks 13200 ml or more In lenOth. of Curb E ROAD CONSTRUCTION NEXT %MILES s(gn shag H E oa placed 500'1150 m)In odvdnce of pro- . lent Wts. Elevation aF edge Elevation of edge END CONSTRUCTION sign shoal oe erected ar of coven of El povement the end of the Job unless another lob is within 2 miles(3200 mL 5'ILS m1 m1n. embedment SIGNS ON MEW"SUPPOrtiE Oual sign OlepkYS shall be urlllzea on—III- lone highways. •• When work operations exceed POST NIODNIEO SNWS four days this dimension shall HM LM WAR DEVICE WIM umff SIWCNO De 5'(1.5 m)min. If located •• when curb ar paved shoulder ore present behind other devices, the height this dimeUn shall be 24(600) to the shoo be sufficient to be seen by fate of Curb Or 6' 3.11 m)to the OUtside motorists. edge of the paved 61hadder. 24 (6001 5 7 0251 (IT51 N 8(200)Federal series C 1 7 (LBO)Federal ertes S I 1 a 15131 i� I6 1 (4001 I (151 E AN dimen lens are In Inches(mllimetersl unless otherwise shorn. FRONT SIDE REVERSE SIDE �1 9gnola De{arfinenr of ire�eort011en Tf F C CONTROL DEVICES FUMEW TRAFM CONMIL SIGN (Sheet 2 of 3) _HGIIC�ER O0 p°ERni[�xS .RtRO.(g C 716— � - UMDARD 7019" alauaal a 51'.�..d pWNwi i rA 24 1600) z (2-4 ml —1 ----------------------------- R' pdrL 0 s t.5 ml « ---------- _ ______ � p°p p 1 Weep hobs {{{ °oec E .____________________________ 2 2 I 2 19 m) fe m) IB ml Consfructfpn 200 700 200 advance A 160 m) t <60 m) k 160 1 i warning signs E E �►A E '�E rvE PLAN f 5, ID mt 1Y,1451 z (l.5 ml r TM A TM 8 im c steppedyoresmootn ROOF ROOF OR TRAM 1RABEB Trafflc NIODUiED MOONTED MOUNTED 0 0 II S S Epoxy chnnnele J ARROW BOARD! I 31/ (eas z 11 I II 1 1 SECTION A—A TYPICAL IWAUATM 1 7EMPOBARY MATBLE XMINS i 'px 12(3001 TYPE A }. —1 I 6(150) —`� 6 1150) E E min. flosMr I max. max. Rll-2 I max. E E ) 1 0l°n ROAD CLOSED R$ Edo. of hoLdder '319 Pavement min. ROAD CLOSED TO ALL TRAFFIC Type A R❑-4 flasher Refbc'orized striping may be omitted MMAD(lOSf:D ROAD QOSFD i On the bock side of the barricades. TO TD If a Type 111 barrieade with an attached THRU TRAFFIC THRU TRAFFIC sign Donal rhlch meats NCHRP 350 is not avallabb, the 31on may be mounted an Oil NCHRP 350 temporary sign sappor directly in front of the borrica le. Pavement AN dimensions are In inches(mHDmeters) unless otherwise shown. ROAD CLOSED TO THRO TRAFFIC nPlrAl APRI Reflectorized striping shall appear on TRAFFIC CONTROL ®Hanel.Oaprrr�ya*W TraruvorroNan both aldes of the barricades. if a weo�tD Jawar.1. xoof � TYPE RI BAM MES CLDSINB A ROAD sign !II barricade with CH ot350 1. DEVICES elfin panel wnich meets NCHPP 35(1 is T.1ulcEea�-sue o not available, 'the signs my be mounted (Sheet 3 of 31 on NCHRP 350 temporary sign S Dperte chatty In front of the barricade. ST W8 71H" [4 a OES G W/AD W20-1101.48 Mdel MEAD Or i � II01a +�e, 1eAo W20-7101-48 '� ID W20-4101-48 Q W20-I1031W-4B 100 a �p __IyDe I or Type 1 Barricades —One ray/an* lane operation Goa O i Type 1 or Type II barricades b a0 i O O 1 100 130 0D 02 �noso Type 0 brrlcadea Qz aA. O - E R11-2 SAD Inc YEAR ■ale W20-1101-48 ssAD W20-3407-48 NEW For W20-4101-4e maintenance or and utNty projGo+e W20-7101-48 RDAs NoAD W20-110310)-46 ppp NEAO caniroci W20-1]03(01-49 IIGD Or NEAP ac utructlon W20-IIO)-49 projects SIGN SPACING �M�L= ostetl Speed Sign SDxing 55 500'1150 ed 50-45 350'IlCO ml ® Work ores Q Refer to SIGN SPACING TABLE C45 200'f6D ml for distances. O Can*,drum or borriccce Inot requlrod for movin0 aper.floml Q For approved alderoad closures. GENERAL NOTE! I, Q Cones at 25'18 rd centers for 250' This Standard Is used where at an time,day r r SICn on portable or permanent swport ITS ml.Additional cones may be placed night.any vehicle, eautpment.workers or their at 50'115 ml centers. When drums or Flower activltha Fla with traffic control sign Ty I r Type]I barricades re encroach on the pavement requiring the closure used.the Interval between devices of one traffic lane In on urban area Barricade or arum with flashing Bght may be doubled. AI dlmeother are h inches(mlllmeTers) ®Canes,drums er barrlcodes of OhI99G otherwise shave. Type I[1 barrlcode with flashing Bah+s 20'16 m1 centers. DATE REVISIONS ®ilea•oeo°ria.rtt pf 7ronepartgtk^ 1-1-11 Revlsed flogger sign, URBAN LANE CLOSURE, ""m"m�'°" 2L 2W,UNDMDED DK1 M or MT,IJAMIQm•° 1-1-05 Switched units to EngBeD bneirlG. STAN � � a uo pve Corrected sign Nora. MM ♦,tED C/�.y Reviewed By: Agenda Item Number J� r0-� Legal ❑ NB #4 EST. lei 1636 Finance ❑ Engineer ■ Tracking Number e City Administrator F1 0� i l ��d Consultant ❑ Wrn ❑ PW 2011-18 '��t.E �i'♦. Agenda Item Summary Memo Title: Hampton Inn—Final Approval/Acceptance & Bond Reduction Meeting and Date: March 15, 2011 Public Works Committee Synopsis: Recommend final approval/acceptance of the land improvements for Hampton Inn, and a bond reduction in the amount of$122,015.68. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: CI P V. Memorandum EST: 1836 1 To: Bart Olson, City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City Clerk � t o� Eric Dhuse, Director of Public Works Date: March 4, 2011 Subject: Hampton inn—310 E. Countryside Parkway Final Approval/Acceptance&Bond Reduction The punchlist for the referenced development has been completed. All land improvements for this development with the exception of watermain and some sanitary sewer are to be privately owned and maintained. The developer has signed the Bill of Sale(attached)transferring ownership of the watermain and certain sanitary sewers to the city. I recommend that the land improvements for Hampton Inn be approved and the public improvements be accepted by the city for ownership and maintenance. I also recommend that Western Surety Company Bond#70706014 be reduced in accordance with Ordinance No. 2011- 03. The bond reduction would be in the amount of$122,015.68. The remaining bond amount would be $8,156.10, and would remain in effect through the one-year warranty period. Please place this item on the March 15, 2011 City Council agenda for consideration. BILL OF SALE Seller, Yorkville Hospitality,LLC of Kendall County, Illinois, in consideration of One and No/100 Dollar($1.00), receipt hereby acknowledged, does hereby sell, assign, transfer and convey to the Buyer, The United City of Yorkville, an Illinois municipal corporation, at 800 Game Farm Road, Yorkville,Illinois 60560,the following personal property to wit described in Exhibit A attached hereto for the development known as Hampton Inn, 310 E. Countryside Parkway,and as generally shown on Exhibit B. Seller hereby represents and warrants to Buyer that Seller is the absolute owner of said property,that said property is free and clear of all liens, charges and encumbrances, and that Seller has full right,power, and authority to sell said property and to make this Bill of Sale. IN WITHNESS WHEREOF, Seller has signed and sealed this bill of sale at Yorkville, Illinois,this 4th day of March,2011. Yorkville Hospitality, LLC ,j o Kishor Patel, General Member STATE OF Illinois) COUNTY OF Kendall) On this 4th day of March,2011,before me a Notary Public within and for said County and State,personally appeared Kishor Patel,to me personally known,who being by me duly sworn did say that he is a General Member of Yorkville Hospitality,LLC,the corporation named in the foregoing instrument, and that the instrument was signed on behalf of the corporation by authority of its Board of Directors and Kishor Patel acknowledged the instrument to be the free act and deed of the corporatio . Notary P lic Kendall County My Commission expires dFFICU1l SEAL ANDREA M WE�IERT NOTARY PIIC-STATE OF ILLMIOIS Exhibit A Project Name: Hampton Inn Location: 310 E. Countryside Parkway Developer: Yorkville Hospitality, LLC 1510A N. Bridge Street Yorkville, Illinois 60560 Item Unit Quanti 8"DIP Watermain LF 374 Fire Hydrant EA 2 8"Valve &Valve Box EA 2 8"PVC Sanitary Sewer, SDR26 LF 56 Manhole, Type A, 4' Dia EA 1 Exhibit B IIao1I y _ ,,, �dsn,Gr rsla call 0]A«M.E a led..lA►.�rl 1Ra.11a Ir ' Y Grr INC {�• �[eaM0 r14r MrK � &«I16yrwaM�G>t.1A«b,�Aal«I«pee-4lCOatl.111E s"'"'"ERrws«.nur � w.nwsu� ac'rmrrw I.OT1 t.UAwa.awvas v w.m H'atP 1 Im10KAW NI aCAIr OOSIna . 1 IOC MO' OalagAW PIw Mar wIMDMINAOE nE}t1CnM f f i Oa«�W" M A!D O9ua«S«II OBAI 1)a4 tl4 /I Wd « R 17P4 Kv(�1 1 w�iR apm M a..IP+wr1 1J IJ a4vnw maw@aw "wuK'"' 0 —om na1 -PAN. dr-E O am T_ 9W GIRL• QSA"MAWYAGS - 40r 9P.ItSt sq R. lja AM$ _e. ' PAMtfD AtfA•b.,10a1.M�.K MfJ(*rte 1 M.0 �O A.MO MAM API AA£A tSkA21V W n..(tJ3A1 .ALL)!K Y of-1140 ro.s e.11 tn.utoo J.Y r - NW190f Cr teatlA PAnIOV.0 SIAUS>4 eY1PNto'r a) m« kAMM..� ro NO.BM d��A«1NC RKM srrft-E ! &.R'IE.P.aroum t"hr(-AW*C sr—IrMQ N, reS J sAVw A.'ON 7MAYL rMM AIYE MW 71' SM eraxs�aad wr .°_ _ r • P sR► A r. R£OIrNEa PARAWC Aqr Npl[ alQNANd) 1 m g ff sw ID e nl"m P1 om OOWa.M nGWf.4SAU g2TI PLU1 dJF IR>w-a.11a' H°MH Afar Nlpyry[aarr AEf16GA1E `:, 4 1 - _ _. _- v r 1 •-M rAU X r7 aesr ROOM 1 AVA MIL J ItM.�fpp{r{A!�]A 600 IV--Pi0O •W m f •elcaarr ® arc .1 3:: f �. omuawrs aaw*Any m yyI N AE'r PAIQ 7 WX"d?NFPwSE N070, Ir1.piM OP I.dt Pi r1x �_ � r*�KJ •rNArarEO aas _ ' - - -- c apie'«m:-w.ca��ia Aw,Arq Ai IC SC30' - - A arcerAeac AIn]e,0 a .4«Nrs hr - n a1 snM«v.una {^.�] a0«MrOUr.}f`A.Cfn+mn) Yq�. ' OMU�wev { ! as rdR s-IACARJ �' �.. ae. �„'- 7 I gip° �PA.'w��cust+s fe7�'� f.r aVJWa arwu mm olwPfb II qq p ��' * Y rN.Al seE7 (, ��n«u P41a,ar,Ynwmxrl 8j i6 to }� `r 6T'aFi4a aa. z 1 LJ ] t u rl.aM Aina r nwaxr Aaarertrutt I� i5 1 t "Max A � j a OW Wo mralt r > i LOT 3 LOT 2 p� !r I aNr hr.1 car ways ,i A IOre. ... 1 A i. m 0WATM MAIN TAG! . ps 10 n 4% t `, �. i ro Arrec�errr .. Ai tl�. � °� ..rA«raNO .INiR �0' �` ewerA«e1PCN�IOt.e.ar cal[ s, 1 Qa�_ AtrtetAert P t. _ nu'c _ _ w,rPw I,smu.ul R am ww r AA/lln 4X"0k, +{ I 4-� i �i coNPLxTTwos I i�ia«wwA> RE as I SiM1�4.f d l I ««IQNw rYi.M M4K \ �1 I� 4 K I IfI MSAA�Mf,U d 1 1 iOalr 9f roA1* I ! M INh MU01 rM'Y I 0y 4"W OLaOrOLEQ tO�G g•\ .\ti I{ `�, - 1 M� aC. y//�//pOgRpI1 Ma'Y � E A ' ! -- PPr a.IAO'• > HR PN«C I@ bfOO 0.NtPmP anal>a.Vm .`�.. 1�'•. � rm.�a�r o v .�Alarraenllrr I1M4��.MI�"1,4y,L�"MI t*ITN*amII tIGV ��\ qj Ir1P1 ••.� Ay At f _I-1, Wrr I , mr mo�,.JC 7 ? RNA$anvil ll'�°11 J Sta1Y Yml Ob« lCF.A8I1£LKM4 IYAAb IIADr1M.5 W HaJOA EAOOTLL eat Im"lal \ ` 1! iiE7VILRAI a.r]a annv AAi M d A«O moral eoal m aw«ma. ! �. —Ampo dm ov) rlArrawlar's nme.r n!t Aae as la/Rac y " A Sanitary Sewer aL t1.Ar Jiver r.aaama w'.w««ax L� � °•. 4IA= P a1.1 A1MIJY.ta qR n IaPEMr Or ana I ' - 69 'RM.A.nI1M,AI MI.TS4P.M..LLGr 4A'A««r or nlaaa,At 11 � Wat ermain ecw.v Alt Ar Aam e ilArye.,cOivoJ M��aw N a 1 1 I _ . ov�nPas s.aAn rc.r,.«mm rONARrAlP ra*rw.r ..r ._ �_.._-_ • � rnu - ..oe.'�naa «r.++�x.Ma1r w,eeP ws rwu[nwMS /�, !ppgrp on"falanl W IW114 aJlu 0 ebl +IRfA+o sa00«t ar¢f yat•+m+I�IlNaaell Oerre« YI�Mw�nR1t�A�tlnd* / � r � r•� '� r+a alo aaM.R Ara/ArR el+l•• � e{falF]NR�ar eFUacleex mr tERaArE tMA.wI nna. r , pmfy�/A+....1.�aabr an.r pr�pp nw Mpl�>m.r Effi97'7hiG S'OPlli BASIN - ! YORKvl]•e*4&r9L.$Wm nr«Al AWL A rrW a�nb�lr rJ7lraa P�i4 -'-'�TJl' Dtt�l'p AW aP 111Yi R�Did1IR eYa NO aniew raa-IP Ma- R • i ar alana AYYi N aaamoA.aerai m.a eaM.«�Iw AA ts-n.Ir.r..Alnto • j { I Y«11FMa111f Omr OMt f«OIM N AM OF llaHal.K 011 iEMR 11O IUCt.[A�1�-M N Aa-1, / Y'rPa w>..uq Lg rr a A -A 4. wuAC A«S -}1 SI Arrrr '+a"rrP NA-� Yrraa�AMRIJnaJIi PJnIM .n«ala,¢ aleenl aaeine N.a via rrn m .aura non Ir1•ASeao.rLa./ar r r W b* u••��r• i 1 naiMM atl«IO Oti1a!IP n JRI«tR AW Aleraaa OAO« l OBWM AIM a WAW W"PAVINt tOMM. waafa tlaM«R aaN Alfa r[/aa nra W 00aa1. ad utlNawi c«rqa q° W e[w. � Wmu ANA OF 970u "IN"ewrla. • - 4 or car I w1Y f"�GNFi 5 Or t3 a1A1 aMA RPr1«ua Al—IrRLaMPAa- 1 " a 4-Mar-11 Subdivision: Hampton Inn Date of last bond/LOC adjustment: Dec-08 Reduction No. 1 ENR-CC Index for date of last adjustment: 8551 Bond/LOC No. Western Surety Company, Band#70706014 Current ENR-CC Index: 8998 LOC/Bond Approved LOC/Bond Amt. Amount complete prior Amount of Amount to remain Item Eng. Est. Prior to Reduction No.1 to Reduction No.1 Reduction No.1 after Red. No.1 Earthwork $34,930.70 $38,423.77 $34,930.70 $38,423.77 $0.00 Parking Lot $250,286.75 $51,286.68 $250,286.75 $51,286.68 $0.00 Storm Sewer $54,725.00 $11„213.79 $54,725.00 $11,213.79 $0.00 Watermain $25,944.00 $5,316.23 $25,944.00 $2,951.56 $2,364.67 Sanitary $31,456.00 $6,445.70 $31,456.00 $5,924.19 $521.51 Landscaping $50,081.22 $10,262.23 $50„081.22 $4,992.31 $5,269.92 Miscellaneous $35.250.00 $7,223.38 $;35,250.00 $7,223.38 $0.00 Totals $482,673.67 $130,171.78 $482,673.67 $122,015.68 $8,156.10 Notes: a) LOC/Bond amt.to be 20% of substantially completed items plus 110%of uncompleted items prior to final acceptance. b) LOC/Bond reduced to 10%at final acceptance. c) LOC/Bond amt. to remain is updated based on Engineering News Record-Construction Cost Index d)Manual input required for cells highlighted in yellow. Public Infrastructure Watermain Unit Quantily Unit Price Value 8” DIP Watermain LF 374 $28.00 $10,472.00 Fire Hydrant EA 2 $3,000.00 $6,000.00 8”Valve&Valve Box EA 2 $3,000.00 $6,000.00 Sub-total $22,472.00 Sanitary Sewer 8"PVC Sanitary Sewer, SDR26 LF 56 $26.00 $1,456.00 Manhole,Ty A,4'dia. EA 1 $3,500.00 $3,500.00 Sub-total $4,956.00 Reviewed By: Agenda Item Number O Legal ❑ NB #5 isas eEST. - Finance ❑ Engineer ■ City Administrator F1 Tracking Number O ill O� Consultant ❑ El PW 2011-19 Agenda Item Summary Memo Title: 8660 Kennedy Road-Purchase of Right-of-Way Meeting and Date: March 15, 2011 Public Works Committee Synopsis: The property owners at 8660 Kennedy Road have agreed to sell a portion of their property to the city for public right-of-way purposes. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: CIP O� Memorandum Esr , 1636 To: Bart Olson, City Administrator From: Joe Wywrot, City Engineer `.,n�m= CC: Kathy Orr, City Attorney �C— <4E Date: March 3, 2011 Subject: 8660 Kennedy Road—Purchase of Right-of-Way Attached find a letter from Attorney Pamela Terry representing Joseph and Ida Mae Reck who own the property at 8660 Kennedy Road. The Reek property is unincorporated and their property extends to the centerline of Kennedy Road. We would like to obtain a 40-foot wide parcel from the Reek's for future Kennedy Road improvements and also the proposed Kennedy Road trail. I had been communicating with Mr. Reck last fall, and have since learned that their entire property is for sale. Ms. Terry indicates that the Reek's will sell this ROW parcel to the city for the amount of$5000. Also related to this ROW purchase is a storm sewer that Pulte is obligated to construct to drain a stormwater basin in Autumn Creek. The best alignment for this sewer is along the south side of Kennedy Road,but Pulte had been unsuccessful in purchasing ROW or obtaining easements from the Reek's for that purpose. Consequently,the currently proposed storm sewer alignment is beneath the north half of Kennedy Road which is previously dedicated ROW. This is a more expensive alignment,however, due to the cost of trench backfill and pavement restoration and is also disruptive because Kennedy Road would need to be shut down for a couple of weeks to put in the storm sewer and patch the road. For these reasons, Pulte is willing to work with us to purchase this ROW parcel. Our informal agreement with Pulte was that if the city could obtain the Reek's consent to sell the ROW parcel, then Pulte would pay the purchase price(within reason). Pulte had said, however, that they would prefer to offer improvements to the property rather than a cash payment. We had originally offered to remove 3 large trees along the Reek's Kennedy Road frontage since Joe Reek had said he would like to have them removed, and to perhaps overlay their driveway, but Ms. Terry was interested in a cash transaction. I have forwarded Ms Terry's letter to Pulte and they have agreed to fund the ROW purchase. Please place this on the March 15, 2011 Public Works Committee agenda for consideration. r IN NIP 4 It ti 1111!1 111 - 111111 fill tis 7 le.-zI- — � „� ' , MAR-01-2011 12 :46 PM 6309330729 P. 01 Pamela R. Carp Attorneys at Law 1749 South Naperville Rd, Suite 201 Wheaton,IL 60189 Phone (630)933-0638 e-mail Atty.T @sbcglobal.net Fax (630)933-0639 March 1, 2011 Joseph Wywrot City Engineer United City of Yorkville 800 Game Farm Rd, Yorkville, IL 60560 Via Facsimile: 630-553-7575 Re: Reck Estate, 8660 Kennedy Rd., Yorkville Dear Mr, Wywrot: Pursuant to our telephone conversation last week I have discussed the matter of the sale of the 40 foot strip of land along the northern edge of the above captioned property with both the listing Realtor and the Reck's Guardian. As I explained to you the"in kind"trade of the property for the removal of the three large front trees or the resealing of the driveway are not useful to the estate. This estate at this time needs financial assets. To that end we wish to begin negotiations by offering the sale of the 40 foot strip of property for$5000.00. This offer is based upon a calculation of$0.36 per sq t. for 13,872 sq.ft.(.318 acres)of the above captioned property. Please review this offer with the City and advised the undersigned of their response. Also, please be advised that upon the agreement of all parties the Estate is prepared to transfer title immediately to the City. If you have any questions or wish to discuss this further please feel free to call our office. 4a ;ul.y erry cc. L. Warren D.Foote Page 1 of 1 Joe Wywrot From: Bernie Pallardy Sent: Thursday, March 03, 2011 10:27 AM To: Joe Wywrot Cc: Bart Olson; Krysti Barksdale-Noble; 'Kathleen Field Orr' Subject: RE: Reck property-Kennedy Road ROW acquisition Joe,as discussed, Pulte will pay for the ROW acquisition. Bernie From: Joe Wywrot[mailto:JWywrot @yorkville.il.us] Sent: Wednesday, March 02, 20113:23 PM To: Bernie Pallardy Cc: Bart Olson; Krysti Barksdale-Noble; 'Kathleen Field Orr' Subject: Reck property - Kennedy Road ROW acquisition Bernie, Per our discussion today, attached find a letter from Pamela Terry who is an attorney helping the Reck's liquidate their estate. Also attached is a plat of dedication that EEI had prepared for this parcel several years ago. I checked the SSA bond ordinance,which states in Section 1.b that the SSA bonds are to pay for, among other items, "...storm drainage systems and storm sewers,..."and"...costs for land and easement acquisition relating to any of the forgoing improvements...". Since this ROW acquisition will allow for the construction of a storm sewer that will serve Autumn Creek Unit 2, we agree that Autumn Creek SSA bond funds can be used for the acquisition. Please confirm that Pulte will pay for this ROW acquisition. Upon receipt of that confirmation, I will contact Ms. Terry and begin the acquisition process. Thanks, Joe Wywrot Yorkville City Engineer (630)553-8527 (630)553-3436 fax (630)878-2021 mobile ?f m y core .Ti con c_n:i_ t_- t. .:;n. ,.: 1 roc,; 'r,..,s}.nay rEV,ew u-, .. o ._by c" !rict'i prontt ._d ,o:i h' t.r c_ .rtr trap ct' rror xi:r tha nc i.',r. b7 _ r cc., ;e _r~Tr 3/3/2011 Reviewed By: Agenda Item Number O a ,- - -� Legal ❑ NB #6 EST. 1836 Finance ❑ Engineer ■ —�--�� Tracking Number ��i!a City Administrator El cwua Consultant ❑ /�.. Ner�llpur?y PW 2011-20 Agenda Item Summary Memo Title: Route 126 Relocation at Route 71 —MFT Appropriation Resolution Meeting and Date: March 15, 2011 Public Works Committee agenda Synopsis: This MFT appropriation resolution in the amount of$12,488.56 is needed to fund the city's share of this IDOT project. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: CIP 0 Memorandum 7836 To: Bart rt Olson, City Administrator From: Joe Wywrot, City Engineer eW p., CC: Rob Fredrickson, Finance Director ' <LEc;�2 Lisa Pickering, Deputy City Clerk Date: March 8, 2011 Subject: Route 126 Relocation at Route 71 — MFT Appropriation Resolution In 2006 the city entered into a joint agreement with IDOT to fund a portion of their Route 126 relocation project at Route 71. We had asked IDOT to incorporate three general items into the project, those being streetlighting, emergency vehicle pre-emption, and two watermain casings for future use. The total city cost was estimated to be $37,950, and at that time we passed an MFT appropriation resolution in the amount of$19,000 to pay for the streetlighting,pre-emption equipment, and engineering related to the overall project. In 2007 IDOT invoiced us for the watermain work and a small amount of streetlighting, and we paid them from our water fund and MFT fund. The final city cost for the project is $53,953.56. The cost breakdown is as follows: Item Original Estimate Final Cost MFT funding Water Funding Streetlighting $ 6,000.00 $10,778.86 $10,778.86 Pre-emption: $ 8,000.00 $13,672.30 $13,672.30 Signage: $ 1,000.00 $ 0.00 $ 0.00 Watermain casing: $18,000.00 $22,465.00 $22,465.00 15% Engineering: $ 4,950.00 $ 7,037.40 $ 7,037.40 Sub-total: $37,950.00 $53,953.56 $31,488.56 $22,465.00 MFT-eligible work: $31,488.56 MFT appropriation to date: $19,000.00 Required MFT appropriation: $12,488.56 IDOT has now sent us an invoice for the final amount due,but we need to appropriate additional MFT funds before we can pay the invoice. Therefore, attached find a proposed MFT appropriation resolution in the amount of$12,488.56 to pay for the balance of the city's share of IDOT's Route 126 relocation project. Please place this item on the March 15, 2011 Public Works Committee agenda for consideration. (t Illinois Department Resolution for Improvement by Municipality Under the Illinois of Transportation Highway Code BE IT RESOLVED, by the City Council of the Council or President and Board of Trustees United City of Yorkville Illinois City,Town or Village that the following described street(s) be improved under the Illinois Highway Code: Name of Thoroughfare I Route I Frnm To Schoolhouse Road IL 126 at IL 71 BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of streetlighting and emergency pre-emption equipment and shall be constructed varies wide and be designated as Section 06-00033-00-TL 2. That there is hereby appropriated the (additional ® Yes ❑ No) sum of twelve thousand, four hundred and eighty-eight and 56/100----------------------------------------------- Dollars ( $12,488.56 )for the improvement of said section from the municipality's allotment of Motor Fuel Tax funds. 3. That work shall be done by contract ; and, Specify Contract or Day Labor BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation. Approved I, Jacquelyn Milschewski Clerk in and for the United City of Yorkville City,Town or Village County of Kendall hereby certify the Date foregoing to be a true, perfect and complete copy of a resolution adopted by the City Council Council or President and Board of Trustees Department of Transportation at a meeting on March 22, 2011 Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of Regional Engineer (SEAL) City,Town,or Village Clerk Printed 3/8/2011 BLR 09111 (Rev. 11/06) C�Ty Reviewed By: Agenda Item Number O Legal ❑ OB #1 EST. - l` 1836 Finance F1 ❑Engineer Engi �- Agenda Item Tracking Number City Administrator ■ 0 Consultant El�W r PW 2011-05 El kE City Council Agenda Item Summary Memo Title: Verizon Wireless—Water Tower Lease Agreement Meeting and Date: PW/January 18, 2011 Synopsis: Revised proposed land lease agreement for a new telecommunications antenna(s) and equipment installed on a city water tower located at 3099 Lehman Crossing. Council Action Previously Taken: Date of Action: 1-18-11 Action Taken: Informational Item Item Number: PW 2011-05 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Krysti Barksdale-Noble, AICP Community Development Name Department Agenda Item Notes: See attached staff memorandum. D C/ry Memorandum To: Public Works Committee ESUM _ _1836 From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator `fax p� Date: March 11, 2011 K­ ,!, Subject: Verizon Wireless—Water Tower Lease Agreement ♦�kE ��U Proposed Lease Agreement for a new telecommunications antenna installed on a city water tower at 3099 Lehman Crossing. Background & Request: As the Public Works Committee may recall from the January 18th meeting when this matter was first discussed, Verizon Wireless is requesting to enter into a land lease agreement with the City of Yorkville for the purposes of installing a new telecommunications antenna structure and related equipment on the city's water tower located at 3099 Lehman Crossing in Yorkville. The water tower, which was constructed in 2004, is approximately 171.58' feet tall and part of the the Grande Reserve Unit 8 development. Currently, the city has an existing Supervisory Control and Data Acquisition (SCADA) system antenna on the water tower and adjacent treatment facility which transmits information to the Public Works control center. All design elements of the antenna, equipment shelter and other proposed improvements will be reviewed by the various city departments and will be required to obtain a building permit. An aerial along with digital photographs of the water tower have been provided for your reference. Since Yorkville's City Code permits telecommunication towers and antennas to be located on city-owned, leased or otherwise controlled land without special zoning approval, staff is providing the proposed lease agreement language for PW Committee review and recommendation as rental proceeds from the lease will be allocated to the Public Works Capital Fund. Proposed Water Tower Lease Agreement: As proposed, Verizon Wireless will lease a yet to-be-determined area of the property for the antenna, any needed mounting structures and other related equipment, and access easement for an initial 5-year lease term with an option for up to three (3) additional 5-year terms for a total of up to 20 years. Verizon is proposing an annual lease rental rate of$21,600.00 with a yearly rent increase of two percent (2%). Attached is a redlined copy of the most recent version of the land lease agreement prepared by Verizon with minor proposed revisions from staff and the city attorney. Should the Public Works Committee find the terms of the proposed lease favorable, staff will present the agreement to the City Council at the March 22nd meeting with a request to authorize its execution. Representatives from Verizon will be in attendance at Tuesday night's Public Works Committee meeting to answer any questions. 1 Water Tower Lease Agreement 1.1 Landlord's Contact Person 1.9 Property Landlord is the owner of a parcel of Bart Olson Land(the"Property")located at 3099 800 Game Farm Rd. Lehman Crossing,Yorkville,IL 60560. Yorkville,IL 60560 The Property is more specifically described in Exhibit"A",annexed 1.2 Landlord hereto. United City of Yorkville 800 Game Farm Rd. 1.10 Premises Yorkville,IL 60560 Landlord hereby leases to and Tenant leases from Landlord,approximately 1.3 Name and Address for Payment of Rent 15 x 30(450 square feet)of the Property, comprising a portion of the United City of Yorkville City-owned elevated water storage Attn:Bart Olson tower(the"Water Tower")and all 800 Game Farm Rd. access and utility easements,if any(the Yorkville,IL 60560 "Premises"),as more specifically depicted on Exhibit`B",annexed 1.4 Landlord's Taxpayer ID hereto. 36-6006169 1,11 Lease 1.5 Property Identification Numbers This Water Tower Lease Agreement, 02-11-300-105 including Exhibits"A"&`B". 1.6 Commencement Date The first day of the month following the 1.12 Tenant Address Last to occur of:(i)the execution of this Chicago SMSA Limited Partnership agreement or(6)the Tenant's commencement of installation of the d/b/a Verizon Wireless facility,as defined herein One Verizon Way,Mail Stop but no later than 4AW 100 December 1,2011. Basking Ridge,New Jersey 07920 Attention:Network Real Estate 1.7 Tenn Five(5)years with three(3) additional 1.13 Tenant's Notice Address and Contact Five(5)year renewal tens;subject to Paragraph 3. Chicago SMSA Limited Partnership d/b/a Verizon Wireless 1.8 Rent Durine First Year 180 Washington Valley Road See Section 4.1 Bedminster,New Jersey 07921 Attention:Network Real Estate NOC#800-852-2671 1 THIS WATER TOWER LEASE AGREEMENT (the "Lease"), made this _day of —2011,between The united City of Yorkville,an Illinois municipal corporation,with an address as stated in Paragraph 1.2, (hereinafter designated "Landlord") and Chicago SMSA Limited Partnership d/b/a Verizon Wireless,with its principal address as stated in Paragraph 1.12, hereinafter designated"Tenant"). The Landlord and Tenant are at times collectively referred to hereinafter as the"Parties"or individually as the"Party". 2:Premises 2.1 Premises. Landlord hereby leases to Tenant a portion of that certain parcel of property(the entirety of Landlord's property is referred to hereinafter as the"Property"),located at 3099 Lehman Crossing, Yorkville, IL 60560 and being described as a 15 X 30 parcel containing 450 square feet together with the non-exclusive right for ingress and egress,seven(7) days a week twenty-four(24)hours a day, as further described in Paragraph 11 for access and utility easements (hereinafter collectively referred to as the "Premises") being substantially as described herein in Exhibit"A"and Exhibit-13"attached hereto and made a part hereof. 3: Term and Options to Extend 3.1 Term. This Lease shall be effective as of the dale of execution by both parties, provided, however, the initial term shall be for five (5) years and shall commence on the Commencement Date(as hereinafter defined) at which time rental payments will be due per Paragraph 4. The Commencement Date is defined as the later of the first(I")day of the month following: (a)the date this Lease is executed by the parties or: (b)the date Tenant commences the installation of its Facility,but no later December 1,2011. 3.2 Option to Extend. The teen of this Lease shall be automatically renewable for three(3)additional tcrms of five(5)years("Renewal Terms")each following the original term or any renewable term at the annual rental stated below and otherwise upon the same terms and conditions stated in this Lease.If Tenant desires not to extend any subsequent term of the Lease it shall give Landlord written notice of its intention not to extend the term at least ninety(90)days prior to the expiration of the then current term whereupon the Lease shall be deemed canceled upon the expiration of the then current term. The initial term and all extensions shall be collectively referred to herein as the"Term". 4:Rent 4.1 Annual Rent. The annual rent for this Lease shall be Twenty-One Thousand Six Hundred and no/100 Dollars($21,600.00)made payable in monthly installments beginning on the Commencement Date as defined in Paragraph 3.1(the"Rent"). Rent shall be payable monthly in advance by the first day of the month to Landlord or to such other person, firm or place as Landlord may,from time to time,designate in writing at least forty-five(45)days in advance of any rental payment date by notice given in accordance with Paragraph 22 below. Rent shall in no event be paid later that the tenth(]0`h)day of that month for the Term. Rent for any fractional year at the beginning or at the end of the Term or Renewal Term shall be prorated. The parties acknowledge that the first payment of rent("Initial Rent Payment")shall not be sent to Landlord until forty-five(45)days after the Commencement Date. 2 4.2 Late Payments. Rent payments made after the tenth(10'h)day of the month of the Tenn year shall be considered late (hereinafter"Late Payments"). Late Payments shall be subject to a processing fee of one and one-half percent(1.5%)of the rent then-due per month or any portion thereof that Rent is received late (the "Processing Fee"), such amount shall not be considered a penalty but rather an estimation of additional processing costs incurred by Landlord. Landlord shall, on or before the fifteenth (15'h) of the month after a Late payment is made, provide Tenant written notice of such late Payment and the Processing Fee amount due. Tenant shall include payment for the Processing Fee on or before the fifteenth(150i) of the subsequent month following the written notice. All Rent payments submitted by Tenant shall first be applied towards the balance of any outstanding Processing Fees and then to the balance of Rent then due and payable. 4.3 Annual Rent Increase. The annual rent shall increase two percent (2%) on each anniversary of the Commencement Date for the duration of the term and any renewal term. 4.4 Performance and Payment Bond. Tenant hereby guarantees that its improvements will be constructed without the attachment of any construction liens and in the event that any such lien is filed against the Premises on account of Tenant's acts or omissions, Tenant shall either promptly post a bond (in form and substance reasonably acceptable to Landlord) indemnifying and defending Landlord for such lien claim or cause such lien to be removed of record. As additional security for the faithful and prompt performance of its obligation under this Lease and in lieu of the obligation to post a security deposit,Tenant agrees to provide Landlord a performance and payment bond in the amount of Fifty Thousand Dollars ($50,000.00) in a form reasonably acceptable to Landlord (the "Security Deposit"). If Tenant defaults under this Lease, and the default is not cured by Tenant as provided in Paragraph 13, Landlord may use,apply or retain all or a part of this Security Deposit to compensate Landlord for any actual loss, damage or expense incurred or suffered by Landlord by reason of Tenant's incurred default. Prior to Landlord withdrawing the Security Deposit, it shall first give Tenant written notice of its intention to do so and with that notice shall provide to Tenant written documentation of the loss,damage or expense for which Landlord seeks compensation from the Security Deposit. Such notice and documentation shall be provided by landlord to Tenant after the date of the occurrence which gave rise to Landlord's claimed loss, damage or expense. Failure to provide such notice and documentations shall result in a waiver by Landlord of the right to withdraw from the Security Deposit. If the Security Deposit is reduced by Landlord in accordance with this Paragraph, Tenant shall restore the Security Deposit within forty-five(45) days after the notice and demand from Landlord. Landlord shall return the Security Deposit to Tenant or Tenant's assignee within one hundred twenty(120)days after the date of expiration or termination of this Lease. Nothing, contained herein shall be construed to limit Landlord's damages to the amount of the Security Deposit. 4.5 Location for Payment. Rent shall be paid to Landlord at the Address for Payment of Rent in Paragraph 1.3 or to another person, firm or place which the Landlord may from time to time designate in writing at least forty-five(45)days in advance of a rent payment date. 4.6 Landlord's Legal Fees. Within sixty (60) days after full execution of this Lease,Tenant shall reimburse Landlord for Landlord's attorneys'fees associated with reviewing this form of Lease. Notwithstanding the foregoing said reimbursement shall not exceed Two Thousand and no/100 Dollars($2,000.00)and shall be contingent on Landlord providing Tenant with a line item invoice evidencing said fees, redacted to protect any attorney-client privileged communication. 3 5: Use of Property 5.1 Use. Tenant may use the Property only for Tenant's lawful telecommunications purposes as well as for related site preparation, improvements and maintenance purposes in accordance with local rules and governmental regulations, and such use shall not interfere with Landlord's use of the Property (i.e., if Tenant is making improvements to the Property, Tenant cannot place equipment or materials in such a manner as to block Landlord's access). Tenant may not perform or permit to be performed any advertising or signs(unless required by the FCC or other governmental entity from or on the Tenant's Facilities. 5.2 Construction A. Improvements. Tenant may install an antenna structure (including a mounting structure and equipment) directly affixed to the Water Tower of which the Premises comprises a portion, together with antennas, equipment (including antenna mounting structures and equipment), an equipment shelter, equipment cabinets and other enclosures, fencing, equipment, other personal property, fixtures, cables, pipes, conduits, transmission lines, and utilities; and make any other improvements,subject to the conditions and approval of the Landlord as provided in this Article, said improvements herein collectively referred to as the "Facility" and as depicted in Exhibit A and B attached hereto. Tenant shall have the right to mount up to twelve (12) antennas. Tenant may from time to time replace any of these items with new or like-kind items(similar in size and character with then-existing Tenant equipment) with the same or different specifications so long as their installation is otherwise in compliance with the Lease and applicable laws, ordinances and codes. B. Tenant shall not construct/install Tenant's Facility without receipt of a building permit issued by the Landlord. Prior to execution of this agreement and issuance of building permit,Tenant shall submit Tenant's construction and antenna drawings to Landlord as depicted in Exhibit"B"attached hereto to sign off and approve the construction and antenna installations. Landlord shall review such drawings within twenty-five (25)business days of receipt of plans. Within thirty (30) days from the date of completion of all construction activity (or as soon as possible thereafter weather conditions permitting),whether upon installation or later maintenance, repair and replacement,Tenant shall restore or cause to be restored to the reasonable satisfaction of Landlord,the Premises and other affected areas of the Property, including without limitation any and all landscaping,as nearly as may be,to the same condition or to a condition better than that which existed immediately prior to the commencement of such activities by Licensee. 6:Tenant's Installation 6.1 Improvements. Without obtaining Landlord consent,Tenant may from time to time replace Tenant's Facilities with new or like-kind items (similar in size and character with then-existing Tenant equipment)but no additional,items with the same or different specification ("Improvements") so long as their installation is otherwise in compliance with this Lease, applicable laws,ordinances and Codes. Tenant's installation of Improvements shall not interfere with Landlord's use of the Property. Tenant agrees to obtain Landlord's consent prior to making any penetration of the walls of the Water Tower in connection with Tenant's installation of equipment on the Water Tower. 4 6.2 Workmanlike Construction. Tenant agrees that the installation and any subsequent Improvements shall be completed in a neat workmanlike condition and consistent with good engineering practices. All costs of the installation, including, but not limited to,the cost of bringing electrical service to Tenant's equipment by directional boring or by open trenching in the event any unforeseen conditions are encountered during the underground boring process, will be paid by the Tenant. Tenant agrees to work in good faith with the appropriate utility companies to install all utilities, where it is possible, underground within the easement areas designated in Exhibit B. 6.3 Title to Various Items.— The Tenant shall at all times be the sole and exclusive owner of Tenant's Facilities. All of Tenant's Facilities shall remain Tenant's personal property and are not fixtures. 6.4 Utilities. Tenant shall pay for the electricity it consumes in its operations at a rate charged by the servicing utility company.Tenant shall have the right to draw electricity,by separate meter or by sub meter, and other utilities from the existing utilities on the Property or obtain separate utility service from any utility company that will provide service to the Property (including a standby power generator for Tenant's exclusive use only in the event of power loss at the Property and for periodic testing as necessary to ensure proper function of said generator). Landlord agrees to sign such documents or easements as may be reasonably required by said utility company to provide such service to the Premises,including the grant to Tenant or to the servicing utility company at no cost to the Tenant,of an easement in,over across or through the Land as required by such servicing utility company to provide utility services as provided herein . The parties agree that the easements granted to Tenant at the full execution of this Lease are as depicted as listed in the survey attached to Exhibit B. 6.5 Approvals. Tenant's work shall be completed in accordance with all applicable building codes and will conform to all applicable governing codes, ordinances, and approved plans.Tenant undertakes full and complete responsibility at all times hereafter for the expenses of, and quality of, construction and compliance with all code requirements and regulations of governmental authorities having jurisdiction over the construction, including but not limited to compliance with acts effecting construction of public buildings and service areas used by public employees,and Tenant agrees to remedy or correct any deficiencies with such compliance. The constructions shall be processed pursuant to permit and conducted by authorized and licensed personnel and shall be performed in compliance with local and State requirements for construction activities upon public property. The construction work shall proceed without interference or disruption,or minimalization of same,to the current operations of the Landlord. 6.6 Liens. Tenant shall: (A)pay before delinquency all costs and expenses of work done or caused to be done by Tenant in the Premises;(B)keep the title to the Tenant's Facilities and every part thereof free and clear of any lien or encumbrance in respect of such work;and(C) indemnify and hold harmless Landlord against any claim, loss, cost, demand (including reasonable legal fees), whether in respect of liens or otherwise, arising out of the supply of material,services,or labor for such work. Tenant shall notify Landlord of any lien,claim of lien, or other action of which Tenant has or reasonably should have knowledge and which affects the title to the Tenant's Facilities or any part thereof,and shall cause the same to be removed within thirty(30)days(or such additional time as Landlord may consent to in writing),either by paying and discharging such lien or by posting a bond or such other security as may be reasonably satisfactory to the Landlord. If Tenant shall fail to remove same within with said time period; 5 Landlord may take such action as Landlord deems necessary to remove the same and the entire cost thereof shall be immediately due and payable by Tenant to Landlord. 7: Taxes Tenant shall be solely responsible for and shall timely pay all taxes levied and assessed against its use of the Premises including real estate taxes levied and assessed against its leasehold estate. Tenant shall not be responsible for any real estate, special assessments or similar taxes relating to the Property except to the extent permitted by statute. Tenant shall have the right,at its sole option and at its sole cost and expense,to appeal,challenge or seek modification of any tax assessment or billing for which is wholly or partly responsible for payment. If Landlord receives notice of any personal property or real property tax assessment or bill against Landlord, which may affect Tenant and is directly attributable to Tenant's installation, Landlord shall provide timely notice of the assessment to Tenant sufficient time to pay said tax assessment or to allow Tenant to consent to or challenge such assessment, whether in a court, administrative proceeding,or other venue,on behalf of Landlord and/or Tenant. 8: Tenant Indemnification 4— '.': ,a �Tenant hereby agree to indemnify,defend and hold e° ,he Landlord harmless from and against any claim of liability or loss from personal injury or property damage in connection with the Property or resulting from or arising out of the use and occupancy of the Property by the iademHit.•:.., paftyTenant or its agents, excepting, however, such claims or damages as may be due to or caused by the negligent acts or omissions of the indemnified party or its agents. Neither paFtyThc Tenant Shall have any obligation under this Paragraph 8 unless notified in writing of any such claim or loss within sixty(60)business days of receipt by the OdWF paFtyLandlord of notice of such claim or loss. 9: Insurance 9.1 Requirements. During the Term and Renewal Term of this Lease,Tenant shall carry and maintain commercial general liability insurance, naming the Landlord, its officers, agents, employees and volunteers as additional insured, insuring against liability for injury to persons or property occurring in or about the Property and Premises or arising out of the ownership,maintenance,use or occupancy thereof. Coverage under such policy shall be no less than two million ($2,000,000.00) per occurrence for personal injuries and no less than five- hundred thousand ($500,000.00) per occurrence for property damage or three million ($3,000,000.00) combined single limit coverage for bodily injury and property damage. In addition, Tenant shall carry and maintain workers' compensation insurance in the statutory amount throughout the term of this Lease. Tenant shall provide Landlord with a certificate of insurance evidencing such coverage required by this Paragraph 9.1 within fifteen(15)days of the Commencement Date. Further,each certificate of insurance shall require no less than thirty(30) days written notice to each additional insured prior to cancellation(10 days notice shall apply to non-payment). 9.2 Non-Waiver. Under no circumstances shall the Landlord be deemed to have waived any of the insurance requirements of this Agreement by: (A) allowing any work to commence before receipt of certificates of insurance or additional insured endorsements;(B)by failing to review any certificates or documents received; or(C) by failing to advise the Tenant that any certificate of insurance fails to contain all of the required insurance provisions or is otherwise deficient in any manner. The Tenant agrees that the obligation to provide the insurance 6 required by these documents is solely Tenant's responsibility and that Tenant's obligations cannot be waived by any act or omission of the Landlord. 10. Landlord's Representations In order to induce Tenant to enter into this Lease, Landlord covenants, represents and warrants,as of the date of this Lease and throughout its Term,as follows: 10.1 Authority. Landlord is the owner of Property in fee simple. Landlord has full authority to execute, deliver and perform this Lease and there is no mortgage affecting this Property. Landlord asserts that it is the owner of the Water Tower. 10.2 No Condemnation. Landlord has received no actual or constructive notice of any condemnation or eminent domain proceedings or negotiations for the purchase of the Property,or any part instead of condemnation. 10.3 No Unrecorded Liens. Landlord has not performed and has not caused to be performed any work on the Property during the six �6) months preceding the date of this Lease which could give rise to any mechanic's or material men's liens. 10.4 Rights Upon Sale: Should the Landlord, at any time during the term or any extension tern of this Lease,decide to sell that portion of the Property containing the Premises to a purchaser other than Tenant,condemnation as stated in Paragraph 14 excluded,such sale shall be under and subject to this Lease and Tenant's rights hereunder,and any sale by the Landlord of the portion of the Property underlying the easement granted herein shall be under and subject to the right of the Tenant in and to such easement, 11: Easements 11.1 Access. For the Term and Renewal Terms of this Lease, Landlord grants to Tenant, and its agents, employees, contractors, guests and invitees, a non-exclusive right and easement for pedestrian and vehicular ingress and egress across that portion of the Property described in Exhibit'B".Tenant and its authorized representatives shall have the right of ingress and egress to and from the Property and Premises twenty-four(24)hours a day,seven(7)days a week, subject to the terms and conditions provided herein, on foot or motor vehicle, including trucks across a twenty(20)foot wide non-exclusive access easement extending from the nearest public right-of-way to the demised Premises and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes under or along a separate eight (8) foot wide non- exclusive utility easement, to the demised Premises as shown on Exhibit B, subject to the Landlord's right to relocate the aforementioned access easement at Tenant's cost. In the event that Landlord requires relocation of said access,Landlord agrees that Tenant shall have the right of access to the Facility during the period of said relocation. Tenant agrees to work in good faith with the appropriate utility companies to install all utilities, where it is possible, underground within the easement areas designated in Exhibit B. Notwithstanding the foregoing,Tenant shall have access to the Premises at no charge between the hours of 7:00 AM and 3:30 PM Monday through Friday ("Normal Working Hours")for the purpose of installing,repairing,replacing and maintaining the Facility (as defined herein) on said Water Tower. In the event of an emergency 7 regarding the operation of Tenant's Facility at the Premises that requires Tenant access to the Water Tower outside of Normal Working Hours Tenant shall have the right of access subject to payment of a fee to Landlord. If Tenant accesses the Tower outside of Landlord's Normal Working Hours or on a holiday recognized by Landlord,Tenant shall contact Landlord for access and agrees to reimburse Landlord for its actual contractual personnel incurred directly as a result of Tenants outside of Normal Working Hours access to the Premises. The parties acknowledge that the minimum fee for such access shall be$75.00 per hour for access outside of Normal Working Hours when such access occurs on a non-holiday. The parties acknowledge that the minimum fee for such access shall be $100.00 per hour for access outside of Normal Working Hours when such access occurs on Landlord's designated holiday. Tenant agrees that there shall be a minimum charge equal to 2 hours for any such instance where access outside of Normal Working Hours is necessary. It is agreed,however,that only authorized engineers,employees or properly authorized contractors of Tenant or persons under their direct supervision will be permitted to enter said Premises. 11.2 Modifications. If subsequent to the date of this Lease it is reasonably determined by Tenant that any access or utility easement obtained does not or no longer adequately serves the Premises and Tenant's use thereof, Landlord agrees to cooperate with Tenant to relocate such Easements where practical at Tenant's sole cost and expense. In the event the Landlord is unable to relocate any of the necessary Easements,then at Tenant's option this Lease may be terminated upon thirty (30) days' prior written notice to Landlord. Notwithstanding anything to the contrary contained herein,Tenant shall be required to restore the Location of the prior easement to its original condition,reasonable wear and tear excepted within 30 days. 12: Assignment 12.1 By Tenant. This Lease may be sold, assigned, subleased or transferred by the Tenant without any approval or consent of the Landlord to the Tenant's principal, affiliates, subsidiaries of its principal;to any entity which acquires all or substantially all of Tenant's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger,acquisition or other business reorganization;or to any entity which acquires or receives an interest in the majority of communication towers of the Tenant in the market defined by the Federal Communications Commission in which the Property is located. As to other parties,this Lease may not be sold,assigned,subleased or transferred without the written consent of the Landlord. 12.2 By Landlord. Landlord may assign this Lease upon written notice to Tenant, subject to the assignee assuming all of Landlord's obligations herein. 13: Defaults 13.1 By Tenant. In the event of default under this Lease by Tenant,Landlord shall be entitled to remedies as shall then be provided by law except that Landlord shall not be entitled to remove any personal property(including fixtures)on the Property;and provided that prior to,and as a condition precedent to, the exercise of any remedy, Landlord shall give to Tenant written notice of default to Tenant and the nature of the default and Tenant shall have thirty (30)days (or,if the default cannot be cured within thirty(30)days,a longer period as shall be necessary to 8 cure the default, acting with due diligence), after receipt of the notice within which to cure the default,during which period no remedy shall be pursued. If Tenant fails to cure a default within the period stated above, in addition to any other remedies available to Landlord, the Landlord may then,but not before,elect to commence eviction proceedings. 13.2 By Landlord. If Landlord defaults in any of its obligation under this Lease, in addition to any remedies available at law or equity, Tenant may perform Landlord's obligation and may offset from the rent or any other amounts next payable Tenant's costs and expenses of doing so. Notwithstanding anything else in this Lease, Tenant may defer payment of rent including the first rent payment, during any period in which Landlord is in default in any of its obligations under this Lease;has failed to provide or execute or cause to be provided or executed (A) any document reasonably necessary for Tenant's use of the Property in the manner contemplated excluding a building permit when Tenant is not in compliance with the regulations for that permit, (B) any license, or (C) any document reasonably necessary to obtain any title insurance or there necessary or desirable insurance or consent. Notwithstanding the foregoing,in the event of a default under this Lease,Tenant shall give to Landlord written notice of the default specifying the nature of the default and Landlord shall have thirty (30) days (or, if the default cannot be cured within thirty(30)days,a longer period as shall be necessary to cure the default, acting with due diligence), after the receipt of the notice within which to cure the default. If Landlord fails to cure a default,in addition to any other remedies available to Tenant,the Tenant may elect to terminate this lease. 14: Condemnation In the event of any condemnation of the Property,Tenant may terminate this Lease upon fifteen(15)days written notice to Landlord if such condemnation may reasonably be expected to disrupt Tenant's operations at the Premises for more than forty-five(45)days.Tenant may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the antennas,equipment,its relocation costs and its damages and losses(but not for the loss of its leasehold interest).Any such notice of termination shall cause this Lease to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Lease and the parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this lease. 15: Casualty In the event the Property is or Tenant's Facilities are destroyed or damaged in whole or in part by casualty during the Term or Renewal Terms of this Lease then,at Tenant's option(exercised by notice to Landlord),this Lease may be terminated as of the date of the event or at any time within ninety(90)days thereafter and no further rent shall be due under the termination section or any other section of this Lease. For the purposes of this section,casualty shall be defined as such damage as may reasonably be expected to disrupt LESSEE'S operations at the Premises for more than ninety(90)days. 16:Quiet Enjoyment Landlord covenants and agrees that upon payment by the Tenant of the rent under this Lease and upon the observance and performance of all the covenants, terms and conditions on Tenant's part to be observed and performed,Tenant shall peaceably and quietly hold and enjoy the property, the right, and privileges granted for the term demised without hindrance or interference by Landlord or any other person and Landlord shall perform all of its obligations under this Lease. 9 17: Termination 17.1 By Tenant. In addition to termination as a result of action or inaction pursuant to other parts of this Lease,Tenant may terminate this Lease: (A)at any time for any reason upon sixty (60) days written notice to Landlord and payment of six (6) month's rent, or (B) immediately, without payment of any rent not yet due following written notice to Landlord of either(i) Tenant's inability to secure necessary governmental approvals and/or Tenant has lost, been denied,or has had cancelled,withdrawn or terminated said approvals,or if Tenant fails to satisfy any necessary governmental authorization or radio engineering criteria to use the Property as contemplated in this Lease; or (ii) Tenant's having obtained a soil test which shows contamination to building conditions which in Tenant's judgment are unsuitable for Tenant's purposes; or (iii) Tenant is unable to occupy and utilize the Premises for the use stated in Paragraph 5.1 above due to an action of the FCC, including without limitation, a take-back of channels or change in frequencies;or(iv)Tenant determines that the Premises are not appropriate for its operations for technological reasons,including without limitation,signal interference. 17.2 By Landlord. Landlord may terminate this Lease following a determination by an applicable federal governing body (which collects data using appropriate instruments which are properly calibrated)that the power density levels emitted from Tenant's equipment located on the Property exceed guidelines established by the Federal Communications Commission ("FCC"),at points accessible to and intended for the general public and the inability of Tenant to bring its equipment into compliance with such standard within sixty (60)days after receipt of a written copy of Landlord's engineering findings;or,if Tenant abandons the leased Premises for a period of twelve(12)consecutive months_ Landlord may also terminate this Agreement at any time following the second Renewal Term and provided that Landlord provides not less than three hundred sixty-five (365) days notice to Tenant, if Landlord 4 determines, in its sole discretion and for any reason to discontinue use of and to dismantle the water tower,provided,that Lessee at its option shall be permitted to continue its occupancy and use of the premises until not less than thirty days prior to the scheduled demolition date of the water tower, unless the Lessee's continued use of the premises would create a compelling health, safety or welfare issue. In the event that notice of termination is provided pursuant to this paragraph and it is conclusively determined by the parties that Lessee's continued use of the premises would create a compelling health safety or welfare issue.then Lessor agrees that it shall permit Lessee to install a temporary installation(cellular on wheels facility or similar temporary installation as mutually agreed by the Parties) the Property for a period of one year following the discontinued use and dismantling of f the water tower. Landlord may also terminate this Agreement if it determines at any time following the first Renewal Term,—after review by an independent third-party licensed structural engineering firm,that the dei+efwater tower is structurally unsound due to the age of the structure,damage or destruction of all or part of the water tower from any source,o-other.c,.ter -elating to the safe eandi en of the dome—and or water tower, or compelling health, safety or welfare reasons, provided that there are no alternative solutions, but to require the removal of the antenna facilities. In the event that Landlord elects to terminate pursuant to this paragraph, it shall allow Tenant to install a temporaa installation (cellular on wheels facility or similar temporary installation as mutually aweed by the Parties)on the Property for a period of one year followine receipt of notice of termination from Landlord. , Formatted:Font:11 pt,No underline 10 17.3 Removal of Equipment. Upon the expiration of this Lease, or its earlier termination or cancellation for any reason,Landlord may request Tenant, at its sole expense,to remove the Property all or any part of its antennae,antenna structures,transmitting and receiving equipment, transmitting lines, shelter, sidewalks and foundations below grade level, other personal property,fixtures and other improvements. Tenant shall be required to remove its access road unless Landlord then desires that it will remain,in which case Tenant shall not be required to remove any portion of the access road. Tenant shall have up to ninety (90) days after the effective date of the expiration, termination, cancellation to complete removal of all items. If Tenant requires any additional time after the ninety(90) day period,Tenant shall pay Landlord the then current monthly rent(or in the case of annual rent one-twelfth of the annual rental) in advance for each thirty (30) day period or portion thereof Tenant requires to complete the removal. All of Tenant's Facilities for which Landlord does not request removal shall become the personal property of the Landlord and shall be conveyed al the termination of the Lease by a duly-executed bill of sale. 18:Cooperation Landlord agrees to cooperate with Tenant in any efforts by Tenant to secure any governmental permits necessary to use the Property as contemplated in this Lease,and to join in any application or other document reasonably requested by Tenant within ten (10) days of Tenant's written request. At any time after the date of this Lease or the Commencement Date, either party shall execute or cause to he executed any documents,or take or cause to be taken any actions,reasonably necessary to carry out the intent of this Lease. 19:Lease Construction This Lease shall be construed in accordance with the laws of the State of where the Property is located. In the event that any provisions of this Lease are legally unenforceable,the other provisions shall remain in effect. 20: Entire Binding Understanding;No Oral Modification All prior understandings and agreements between the parties are merged into this Lease and this Lease may not be modified orally or in any manner other than by an agreement in writing signed by both parties. Presentation of this Lease by Tenant to Landlord shall not constitute an offer unless the Lease has been signed by Tenant, and this Lease shall not be binding until executed by both Landlord and Tenant. 21: Successors;Separability Subject to the provisions regarding assignment, this Lease shall be binding upon, and inure to the benefit of,the successors-in-interest and permitted assigns or subtenant of the parties and any grantee of Landlord,but only in accordance with the terms of paragraph 12. 22: Notices All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail,return receipt requested or by commercial courier,provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender,addressed as 11 follows(or any other address that the Party to be notified may have designated to the sender by like notice): Landlord: United City of Yorkville 800 Game Farm Rd. Yorkville,IL 60560 Tenant: Chicago SMSA Limited Partnership/b/a Verizon Wireless 180 Washington Valley Road Bedminster,New Jersey 07921 Attention:Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 23:Performance Time is of the essence in this lease. 24: Broadcast Interference 24.1 Definition. As used in this Lease "interference" with a broadcasting activity means; (A) Interference within the meaning of the provisions of the recommended practices of the Electronics Industries Association (`EIA") and the rules and regulations of the Federal Communications Commission ("FCC")then in effect, or (B) A material impairment of the quality of either sound or picture signals on a broadcasting activity as may be defined by the FCC at any hour during the period of operation of activity, as compared with that which would be obtained if no other broadcaster were broadcasting from the Property or had any equipment on the Property, 24.2 Interference. (A) Tenant shall operate Tenant Facilities in a manner that shall not cause physical, mechanical, radio frequency or signal interference to Landlord and other tenant.-,or licensees of the Property,provided that their installation predates the execution of this Lease. All operations by Tenant shall be in compliance with all FCC requirements. (B) Subsequent to the installation of the Tenant Facilities, Landlord shall not permit itself,its tenants or licensees to install new equipment on the Property if such equipment is likely to cause physical,mechanical,radio frequency or signal interference with Tenant's operations. Such interference shall be deemed a material breach by Landlord, for which there is no adequate remedy at law, allowing Tenant the right to specifically enforce the provisions of this paragraph in a court of competent jurisdiction. In the event interference occurs,Landlord agrees to take all reasonable steps necessary to eliminate such interference in a 12 reasonable time period. Landlord shall have the right to install equipment that is in compliance with all FCC standards and regulations. (C) Intentionally omitted. (D) Tenant's equipment must accept any interference caused by and may not cause any interference to the operation of any ex-i public safety equipment such as police,fire department and 911 dispatches. 25: Environmental Matters 25.1 Definition. For purposes of this Lease: (A) "Applicable Environmental Laws" includes the Comprehensive Environmental Response,Compensation,and Liability Act,and so called"Super- fund" or "Super-lien" law, or any other Federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standard of conduct concerning any hazardous, toxic or dangerous waste,substance or material,as now or at any time hereafter in effect. (B) "Hazardous Material" includes any hazardous, toxic or dangerous waste, substance or material as that term is defined in Applicable Environmental Laws. 25.2 No Hazardous Material. Neither the Landlord nor, to the best knowledge of Landlord, any other person has ever caused or permitted any Hazardous Material to be placed, held, located or disposed of on,under or at the Property or any part thereof nor any part thereof has ever been used by the Landlord, or to the best knowledge of the Landlord, by any other person either as a permanent or temporary dump site or storage site for any Hazardous material. 25.3 Tenant's Indemnity. Tenant indemnifies the Landlord and agrees to hold the Landlord harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever paid,incurred or suffered by or asserted against Landlord,for with respect to,or as a direct or indirect result of,the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission, discharging or release from the Property or into or upon any land,the atmosphere,or any watercourse,body of water or wetland, of an Hazardous Material(including,without limitation,any losses,liabilities,damages,injuries, costs,expenses or claims asserted or arising under applicable Environmental Laws)caused by or in control of Tenant or its employees or agents.Tenant will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect,that will be in any way related to activity proposed to be conducted in,on,or in any way related to the Tenant improvements,unless such conditions or concerns were or are caused,in whole or in part, by the specific activities of Landlord. 25.4 Landlord's Indemnity. In all other cases,Landlord indemnifies the Tenant and agrees to hold the Tenant harmless from and against any and all losses, liabilities, damages, injuries, costs expenses and claims of any and every kind whatsoever paid, incurred or suffered by or asserted against Tenant for,with respect to,or as a direct result of,the presence on or under, 13 or the escape seepage, leakage, spillage, discharge, emission, discharging or release from the Premises or into or upon any land,the atmosphere,or any watercourse,body of water or wetland, of any Hazardous Material (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under Applicable Environmental Laws) caused by or in control of Landlord. 25.5 Survival. The provisions of and undertakings and indemnification set out in this Section shall survive the termination of this Lease. 26: Waiver of Landlord's Lien Landlord waives any lien rights it may have concerning the Tenant Facilities which are deemed Tenant's personal property and not fixtures,and Tenant has the right to remove the same at any time without Landlord's consent. 27: Memorandum of Agreement Landlord acknowledges that a Memorandum of Agreement will be recorded by Tenant in the official's records of the County where the Property is located. Landlord agrees to execute said Memorandum of Agreement upon request by Tenant. 28: Consent In any case where approval or consent of one party hereto is required, requested or otherwise to be given under this Lease, such party shall not unreasonably delay or withhold its approval or consent. 29:Tower Compliance Landlord covenants that it will keep the Water Tower in good repair as required by all Laws (as defined in Paragraph 30 below). The Landlord shall also comply with all rules and regulations enforced by the Federal Communications Commission with regard to the lighting, marking and painting of towers.Upon written notification by the Tenant,if the Landlord fails to make such repairs within a reasonable time,the Tenant's sole remedy shall be to exercise its right to terminate the lease in accordance with the terms of paragraph 17 of this agreement. No materials may be used in the installation of the antennas or transmission lines that will cause corrosion or rust or deterioration of the Water Tower structure or its appurtenances. All antenna(s)on the Water Tower must be identified by a marking fastened securely to its bracket on the Water"Lower and all transmission lines are to be tagged at the conduit opening where it enters any user's equipment space. Not later than fifteen (15) business days following the execution of this Agreement, Landlord shall supply to Tenant copies of all structural analysis reports that have done with respect to the Water Tower and throughout the Term, Landlord shall supply to Tenant copies of all structural analysis reports that are done with respect to the Water Tower promptly after the completion of the same. Upon request of the Landlord on two occasions total during the Initial Term and any of the Renewal Terms,Tenant agrees to relocate its equipment on a temporary basis to another location on 14 the Property, hereinafter referred to as the "Temporary Relocation," for the purpose of Landlord performing maintenance,repair or similar work at the Property or on the Water Tower provided: a. The Temporary Relocation is similar to Tenants existing location in size and is fully compatible for Tenant's use. in Tenant's reasonable determination; and shall be subject to City's prior approval. which approval shall not be unreasonably withheld; b. Tenant agrees to pay all costs associated with the first relocation and pay one-half (1/2)of all costs associated with the second instance where Temporary Relocation and reinstallation of equipment on the Water Tower is necessary and required by Landlord. For all other subsequent requests for Temporary Relocation, Tenant approval to relocate shall be required and Landlord shall pay all costs incurred by Tenant for relocating Tenant's equipment to the Temporary Relocation and improving the Temporary Relocation so that it is full)- compatible for the Tenant's use,in Tenant's reasonable determination; c. Landlord gives Tenant at least ninety (90) days written notice prior to requiring Tenant to relocate; d. Tenant's use at the Premises is not interrupted or diminished during the relocation and Tenant is allowed,if necessary,in Tenants reasonable determination,to place a temporary installation on the Property during any such relocation;and e. Upon the completion of any maintenance, repair or similar work by Landlord, Tenant is permitted to return to its original location from the temporary location. 30:Applicable Laws During the Term,Landlord shall maintain the Property in compliance with all applicable laws,rules,regulations,ordinances,directives,covenants,easements,zoning and land use regulations,and restrictions of record,permits,building codes,and the requirements of any applicable fire insurance underwriter or rating bureau,now in effect or which may hereafter come into effect(including,without limitation,the Americans with Disabilities Act and laws regulating hazardous substances)(collectively"Laws"). Tenant shall,in respect to the condition of the Premises and at Tenant's sole cost and expense,comply with(a)all Laws relating solely to Tenant's specific and unique nature of use of the Premises(other than general office use);and(b) all building codes requiring modifications to the Premises due to the improvements being made by Tenant in the Premises. (Signatures on next page) IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective signatures the day and year first written above: 15 LANDLORD TENANT B Chicago SMSA Limited Partnership d/b/a Verizon Wireless By:Cellco Partnership,its General Partner Name: Title: Date: By: Beth Ann Drohan Area Vice President Network Date: 16 Exhibit A Description of Property (see attached) Exhibit B 17 Depiction of Premises (see attached) 18 ' 1 V y �• V ' r (1) Lu J W W Fr •� W w V W W EXISTING GRASS D 2a <a W W EXISTING GRASS AREA W V W W �— AREA 'N'A3B'PRSOO7HE PVLLSCAIE � 00 PORMAT.ANYSMOTHEKTKAK J Top SVMEV / EXISTING GENERATOR ON THAT LR AT REDUCED SOME Opp61 CONCRETE SLAB L m(m PROPOSED 4'WIDE / / \\ + o 1 010 CONCRETE SIDEWALK EXISTING STORAGE WATER TANK 8 = (TYP.) y 9\ aEXISTING TRAIN TRACK PROPOSED 8'UTILITY >�n M m m EASEMENT 0-y .. W W PROPOSED LEASE SITE , w w w J• J (0 D°d UL w (2(Y x 36')SEE SHEET G7 W + w + W w tL PROPOSED LESSEE ANTENNAS ' I EXISTING BUILDING MOUNTED ON PROPOSED POD " W MOUNT ASSEMBLY ON I I EXISTING TELCO PEDESTAL EXISTING 17Tt HIGH WATER #7012M 0 TOWER @ 179'A.G.L. � I EXISTING TRANSFORMER #471114A1 ON CONCRETE PAD W W 1 EXISTING CONCRETE W W W SIDEWALK W Y Z " " W w I j C. J w W W W I I (no w W W W W EXISTING FENCED y w + W w o a W W v COMPOUND LU W W I I W W W V 0 EXISTING GRASS' W W o m 0. w w AREA PROPOSED 20'WIDE j 9 W W w w W w W W ACCESS EASEMENT W W Ul N " W W W W w W j EXISTING ACCESS ASPHALT DRIVE J Cox EXISTING DOUBLE SWING ENTRY GATE ASSUMED PROPERTY LINE W W W W W V 2 EXISTING GRASS W W AREA w + W W W W W W Y W W W W W W V w w w W w W w J LOC#2250598 WEST OSWEGO w W ' W W U) 3099 LEHMAN CROSSING U YORKVILLE,IL 60560 Z Q g w J ORAYVN BY LS CHECKEO BY OM •i I All DLL F^,'— DATE 1213/10 U800)092-0723 L+isa'YL.2a-, PROJECT Y• 33411 BERRYWOOD LN (i SHEET TITLE —�— BERRYW OOD LN LOCATION PLAN ni�ecreeE YOU OJG -- t<800 92-012] SHEET NUMBER 48 HDLRS BEFORE YOU DIG LP i lz Lu Lu Lu 6 PSSUoEO EXISTING CHAIN LINK FENCE / -� J ��0 00 3o0 a 01 / \ N v\I\ W m�00 PROPOSED 8'UTILITY 0'13.E x N \ EASEMENT tot° ,Ai b PROPOSED LESSEE EQUIPMENT SHELTER(11.5'X 28') , ql I ` PROPOSED 20'X 39 LEASE AREA ACCESS EASEMENT i / OUTLINE OF WATER-- 0 o s TANK ABOVE w / w ° PROPOSED 4'WIDE CONCRETE SIDEWALK \ I / d .d / 25 �� a d / a g I W PROPOSED LESSEE IC BRIDGE BE I FOR ANTENNA COAX ARLES /// ° �' LOC#2250598 W [IN ROPOSED CABL PENETRATION / WEST OSWEGO 1n BASE OF SHAT / PROPOSED LESSEE ANTENNAS a MOUNTED ON f ROPOSED POD MOUNT w ASSEMBLY 0 EXISTING 172'*HIGH ` 3099 LEHMAN CROSSING WATER TOWER 0 179'A.G.L. a I 1 YORKVILLE,IL 80580 I EXISTING T�WER FOUNDATION - 1 EXISTING TOWER OVERFLOW d I I DRAWN BY LS I I d 0 7 4' 6 I --- A CHECKED BY DU 1A'x3r P10NT IgTMEgp�'Sru c DATE. 12/lJ10 FORMAT.ANY SIlP DDERTWW II TKATISATIGDUCFDBGIE 1 p � PROJECT 33-911 CALL JULIE TULL FREL I a I<SM892-0123 I SHEET TITLE BPCOM z9 wants n Bars wvs n rrn" SITE vARHIHC BEFORE AND DURING CONSTRUCTION,THE CONTRACTOR THE CONTRACTOR WILL,UPON BECOMING AWARE OF SUBSURFACE OR LATENT SKETCH CONTRACTOR TO PROVIDE APPROXIMATE 50'x50'STAGING SHALL PROVIDE ADEQUATE EROSION CONTROL AS PHYSICAL CONDITIONS DIFFERING FROM THOSE DISCLOSED BY THE ORIGINAL SOIL AREA AND TEMPORARY ROAD.CONTRACTOR SHALL NECESSARY IN THE FORM OF SILT FENCES FOR THE SITE INVESTIGATION WORK,PROMPTLY NOTIFY THE OWNER VERBALLY AND IN WRITING, �o COORDINATE WITH ANTENNA CONTRACTOR,A STAGING AND BALES AROUND ANY EXISTING MANHOLES,INLETS.OR AS TO THE NATURE OF THE DIFFERING CONDITIONS.NO CLAIM BY THE CONTRACTOR SHEET NUMBER nLL OEFf}R[ CONTRACTOR IS RESPONSIBLE FOR ANY DAMAGE TO EXISTING PAVEMENT. AREA AND TEMPORARY ROAD THAT ISACCEPTABLE TO THE CATCHBASINS SUSCEPTIBLE TO EROSION.EROSION FOR ANY CONDITIONS DIFFERING FROM THOSE ANTICIPATED IN THE PLANS AND rou nIG CONTRACTOR SHALL PHOTOGRAPH AND VIDEOTAPE EXISTING PAVEMENT PRIOR OWNER.STAGING AREA AND TEMPORARY ROAD SHALL BE CONTROL MEASURES SHALL BE PERIODICALLY INSPECTED SPECIFICATIONS AND DISCLOSED BY THE SOIL STUDIES WILL BE ALLOWED UNLESS CALL TO CONSTRUCTION.ANY DAMAGE CAUSED DURING CONSTRUCTION SHALL BE RESTORED TO EXISTING CONDITIONS AS NECESSARY UPON TO ENSURE PROPER FUNCTION.EROSION CONTROL SHALL THE CONTRACTOR HAS SO NOTIFIED THE OWNER,VERBALLY AND IN WRITING,AS 1<HMM692I JUR REPLACED TO EXISTING OR BETTER CONDITION AT NO ADDITIONAL COST. COMPLETION OF THE PROJECT. BE REMOVED UPON COMPLETION OF WORK REQUIRED ABOVE,OF SUCH DIFFERING SUBSURFACE CONDITIONS. 98 H(BIHS -0123L You BIG r,% Ul NOTE: PENDING STRUCTURAL EXISTING OBSTRUCTION LIGHT AND [pia w ANALYSIS TO DETERMINE LIGHTNING ROD TO BE RELOCATED iJ] LESSEE ANTENNA MOUNTS TO TOP OF NEW POD EXTENSION EXISTING ANTENNA TO REMAIN - - - - PROPOSED LESSEE -a a! ANTENNAS @ 179' A.G.L. — a ON PROPOSED MOUNTING PLATFORM _ PROPOSED STACKABLE POD MOUNT ASSEMBLY O _ J >"O o YOM VILLE 3 to L��o , �J 100 n Im of X 41 ODtp d tonal,_ I j +4k\ " z 4 � u- nt J W O 11 W < FA3 J fA FQ o .- � � U I d z O w wzv z Q CD * Iw z I a J I o L 0 I w 8 a o PROPOSED LESSEE ANTENNA I ul Z 0. W COAX CABLES ROUTED ON I 0 EXISTING LADDER LL z O PROPOSED TOWER BASE I OF PENETRATION FOR LESSEE w ANTENNA COX CABLES I = O I � O o w PROPOSED LESSEE ICE BRIDGE J FOR ANTENNA COAX CABLES J > LOC#2250598 PROPOSED SHELTER(11.5'x 2;EQUIPMENT I WEST OSWEGO I I EXISTING CHAIN LINK FENCE 3099 LEHMAN CROSSING -- YORKVILLE,IL90560 DRAWN BY' LS CHECKED BY OM DATE — MOO PROJECTS 33411 CaLL P fr TML VREE ROOM 2-a123 SHEET TITLE W-.Icg et!dV w ft9YY SITE uaaHlwc ELEVATION SHEET NUMBER L dLFON! TW OIG ME I(R0Nn9P-0121 4"Houas BEFORE 1 WEST ELEVATION YOU ntc �I I I r oil 9 I - i h '�"" I{• -sue_. _. - �i •-" ♦. Io Clly Reviewed By: Agenda Item Number O Legal ❑ OB #2 EST. `� 1836 Finance ❑ Engineer ■ Tracking Number 4 ��i �t City Administrator ■ „ tea O Consultant ❑ 6-11c— ® PW 2011-12 Agenda Item Summary Memo Title: 802 S. Bridge Street—Proposed Highway Authority Agreement Meeting and Date: March 15, 2011 Public Works Committee Synopsis: This agreement would allow the Illinois EPA to issue a No Further Remediation Letter to property owner. Council Action Previously Taken: Date of Action: PW 2/15/11 Action Taken: Tabled to 3/15/11 Public Works meeting Item Number: PW 2011-12 (NB#5) Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: 21,��o cir o Memorandum ESE1 .` 'yeas To: Bart Olson, City Administrat .� O From: Joe Wywrot, City Engineer e p` CC: Lisa Pickering, Deputy City C er uem�'Cwry `? Date: February 9, 2011 Subject: 802 S. Bridge Street—Proposed Highway Authority Agreement Attached find a proposed highway authority agreement for the former Yorkville Marathon gas station at the southeast corner of Route 47 and Orange Street. This property was the location of a leaking underground petroleum storage tank several years ago. All underground tanks and much of the contaminated soil have since been removed,but some contaminated soil remains within the Orange Street right-of-way. The contaminated area is estimated to be around 500 square feet, located beneath the property's driveway entrance to Orange Street and underneath the street. The property owner has made considerable effort to clean up the site,but one constituent (benzene)measured at one location exceeded the Illinois EPA's minimum clean-up objectives. A common way to address this situation is to establish an institutional control to protect the general public from the remaining contamination. The institutional control is this proposed highway authority agreement, which is a restriction on the use of the subject area. Once an institutional control is established, the Illinois EPA can issue a No Further Remediation letter to the property owner, which essentially states that the site is free of contamination. In this agreement, the city agrees to prohibit the use of any groundwater originating within the subject area from being used as drinking water. The agreement allows for roadway work to be performed within the subject area,but the city agrees to allow construction access by permit only, and require that the permittee "take all measures necessary to protect human health(including worker safety) and the environment". While the area of contaminated soil is estimated to be located in the south half of the Orange Street right-of-way(Exhibit A), the area subject to the highway authority agreement extends over a larger area to the north edge of the Orange Street pavement (Exhibit Q. IDOT's Route 47 project includes this area of Orange Street. If this agreement is approved the city would need to issue a permit to IDOT to allow them to work within the subject area. IDOT's Route 47 plans identify several locations where contaminated soil exists, including Orange Street. IDOT's proposed protection measure at this location consists of limiting the depth of excavation to no more than 6 feet. Discussions with Chase Environmental, however, indicate that there are no contaminated soils in the IDOT right-of-way at this location. The information provided by Chase indicates soil contamination at a depth of 4 feet in the Orange Street right-of- way, which is still below normal roadway excavation depths. The extent of contamination, however, is below the threshold where special precautions would be needed during construction. If contaminated soil is encountered during construction, it would need to treated as special waste and disposed of accordingly. There are two existing city utilities that run through the subject area,but both will be abandoned as part of IDOT's Route 47 project. IDOT's project also includes construction of a new watermain across Route 47 at Orange Street,but it will be north of the subject area. Since the depth of contamination exceeds normal roadway construction depth and there will be no city utilities located within the subject area, I recommend that this agreement be approved. Please place this highway authority agreement on the February 15, 2011 Public Works Committee agenda for consideration. Highway Authority Agreement This Agreement is entered into this day of 2011 pursuant to 35 III.Adm.Code 742.1020 by and between the(1) Estate of Patrick Beardsley("Owner /Operator")and (2) City of Yorkville("Highway Authority"), collectively known as the "Parties." WHEREAS, Estate of Patrick Beardsley, is the owner or operator of one or more leaking underground storage tanks presently or formerly located at 802 S. Bridge Street,Yorkville. Illinois("the Site"); WHEREAS, as a result of one or more releases of contaminants from the above referenced Site ("the Release"),soil and/or groundwater contamination at the Site exceeds the Tier 1 residential remediation objectives of 35 III.Adm. Code 742; WHEREAS,the soil and/or groundwater contamination exceeding Tier 1 residential remediation objectives extends or may extend into the Highway Authority's right-of-way; WHEREAS,the Owner/Operator or Property Owner is conducting corrective action in response to the Release; WHEREAS,the Parties desire to prevent groundwater beneath the Highway Authority's right-of- way that exceeds Tier 1 remediation objectives from use as a supply of potable or domestic water and to limit access to soil within the right-of-way that exceeds Tier 1 residential remediation objectives so that human health and the environment are protected during and after any access; NOW,THEREFORE,the Parties agree as follows: 1. The recitals set forth above are incorporated by reference as if fully set forth herein. 2. The Illinois Emergency Management Agency has assigned incident number 20060740 to the Release. 3. Attached as Exhibit A is a scaled map prepared by the Owner/Operator that shows the Site and surrounding area and delineates the current and estimated future extent of soil and groundwater contamination above the applicable Tier 1 residential remediation objectives as a result of the Release. 4. Attached as Exhibit B are tables prepared by the Owner/Operator that lists each contaminant of concern that exceeds its Tier 1 residential remediation objective, its Tier 1 residential remediation objective and its concentrations within the zone where Tier 1 residential remediation objectives are exceeded. The locations of the concentrations listed in Exhibit B are identified on the rrm;.p in Exhibit A. 5. Attached as Exhibit C is a scaled map prepared by the Owner/Operator showing the area of Highway Authority's right-of-way that is governed by this agreement("Right-of- Way"). Because Exhibit C is not a surveyed plat,the Right-of-Way boundary may be an approximation of the actual Right-of-Way lines. 6. The Highway Authority stipulates it has jurisdiction over the Right-of-Way that gives it sole control over the use of the groundwater and access to the soil located within or beneath the Right-of-Way. 7. The Highway Authority agrees to prohibit within the Right-of-Way all potable and domestic uses of groundwater exceeding Tier 1 residential remediation objectives. 8. The Highway Authority further agrees to limit access by itself and others to soil within the Right-of-Way exceeding Tier 1 residential remediation objectives. Access shall be allowed only if human health (including worker safety) and the environment are protected during and after any access. The Highway Authority may construct, reconstruct, improve, repair, maintain and operate a highway upon the Right-of-Way, or allow others to do the same by permit. In addition,the Highway Authority and others using or working in the Right-of-Way under permit have the right to remove soil or groundwater from the Right-of-Way and dispose of the same in accordance with applicable environmental laws and regulations. The Highway Authority agrees to issue all permits for work in the Right-of-Way, and make all existing permits for work in the Right-of-Way,subject to the following or a substantially similar condition: As a condition of this permit the permittee shall request the office issuing this permit to identify sites in the Right-of-Way where a Highway Authority Agreement governs access to soil that exceeds the Tier 1 residential remediation objectives of 35 III.Adm.Code 742. The permittee shall take all measures necessary to protect human health (including worker safety)and the environment during and after any access to such soil. 1. This agreement shall be referenced in the Agency's no further remediation determination issued for the Release. 2. The Agency shall be notified of any transfer of jurisdiction over the Right-of-Way at least 30 days prior to the date the transfer takes effect. This agreement shall be null and void upon transfer unless the transferee agrees to be bound by this agreement as if the transferee were an original party to this agreement. The transferee's agreement to be bound by the terms of this agreement shall be memorialized at the time of transfer in a writing("Rider")that references this Highway Authority Agreement and is signed by the Highway Authority,or subsequent transferor, and the transferee. 3. This agreement shall become effective on the date the Agency issues a no further remediation determination for the Release. It shall remain effective until the Right- of-Way is demonstrated to be suitable for unrestricted use and the Agency issues a new no further remediation determination to reflect there is no longer a need for this agreement, or until the agreement is otherwise terminated or voided. 4. In addition to any other remedies that may be available,the Agency may bring suit to enforce the terms of this agreement or may, in its sole discretion, declare this agreement null and void if any of the Parties or any transferee violates any term of this agreement. The Parties or transferee shall be notified in writing of any such declaration. 5. This agreement shall be null and void if a court of competent jurisdiction strikes down any part or provision of the agreement. 6. This agreement supersedes any prior written or oral agreements or understandings between the Parties on the subject matter addressed herein. It may be altered, modified or amended only upon the written consent and agreement of the Parties. 7. Any notices or other correspondence regarding this agreement shall be sent to the Parties at following address: Manager, Division of Remediation Management Estate of Patrick Beardsley Bureau of Land 6290 North SR42 Illinois Environmental Protection Agency Quincy, IN 47456 P.O. Box 19276 Springfield, IL 62974 City of Yorkville c/o Joe Wywrot,City Engineer 800 Game Farm Road Yorkville, IL 60560 IN WITNESS WHEREOF,the Parties have caused this agreement to be signed by their dully authorized representatives. City of Yorkville Date: By: Its: Estate of Patrick Beardslev Date: By: Title: 4 / d Gl�r sly / Nr I! L4 ORANGE 51&ET SM JW 3 13 SAN F I F W4• ly � 0 5 • W Q W-1 PL PL —p —PL PL —PL —APL I+ AVo 0 616F 1SIGN / LEGEND W UNE 1 O X 5 4:�-- SANRARY SEWER —W— WATER LINE pip-4 X —Olin-- ONERLIEAD ELF.CIRIC —PL— PROPERTY UNE JII — T— IOEPNONE UNE �c can=3 / 41 FQM POLE HAA SOIL PLUME AREA p L691OE�Rt Sr1 k WIN" EXCAVA71DN AREA / X bMrl NO SAW LE LABMM ISHELBY TUBE-Sr X p Rowm "ML-40 / COO MM ACWN WILL SOME LOCKM W- •OOgECM ACM FLOOR SORE LWAM F- �t PL pL PL PL P / rre ®AACa�sect e+wa L PL� PL PL — 1 20 802 South Bridge Street PROJECT NAME Kendall County - Yorkville Marathon Yorkville, IL. 60560 �� � DRAWN BYMBS PROJEeT No.F1OO9029 LUST Incident No. 20060740 REVISED BY* T nTTE HAA Soil Plume LPC # 0930255026 Environmental Group Ins. DAM JAN 2011 wc. NAMESITE.DWG SCALE:1"=30' DWQ N°•Exhibit: A Site: Yorkville Marathon Incident No. 20060740 LPC No. : 0930255026 Site Address: 802 South Bridge Street Table 1 Corrective Action Soil Analytical Summary (BTEX) Wall and Floor Closure Samples (Reported in pm) Sample ID I Sample Depth Date Benzene Toluene Eth lbenzene Total X lenes TACO Tier I Most Stringent Soil CUOs 0.03 12 13 *5.6 WI 4' 3/25/09 0.005 0.005 0.005 0.005 W2 4' 3/25/09 0.005 0.005 0.005 0.005 W3 4' 3/25/09 0.005 0.005 0.005 0.005 W4 4' 3/25/09 0.644 0.5 2.88 0.856 W5 4' 3/25/09 0.007 0.005 0.005 0.005 F1 8' 3/25/09 0.005 0.005 0.005 0.005 F2 8' 3/25/09 0.005 0.005 0.005 0.005 BH-12A 4' 2/21/08 <.005 <.005 <.005 <,005 BH-12B 8' 2/21/08 <.005 <.005 <,005 <,005 BH-13 9' 8/5/08 <.005 <.005 <.005 <.005 HA-1 4-4.5' 8/19/08 <.005 <.005 <.005 <.005 Bold numbers are actual quantities above the reporting limit. Numbers not bold indicate results less than the reporting limit. The reporting limit is shown. SHADING --Exceeds the most stringent Tier 1 soil clean-up objective. *Construction Worker Inhalation Value I le I d' I e GIF1" all a' o / I SAN_ _ O F I P 0 1 W-29 RdV�J x / PL PL —PL —PL PL —PL APL t- o �! BU" :5S SIGN a X / LEGEND GAS LINE i D x --SA--- SANRARY SEWER cmory I —W— WATER UNE pU 15-*25 h —ONE— OVERHEAD ELECTRIC PL— PROPERTY LINE T .•.... TELEPHONE LINE 41 t � POMFR POLE ;,,r' q ��•a �:; ( PROPOSED HAA 51.1 a teat EXCAVATION AREA OMM WELL AND SAMPLE LABELIN0 ISHELBY TUBE-ST sm wome-m >< Q Mm mom WELL-Mw I •CDiI WK ACWN O L WIM LOCAMN W- •CORwECTM ACIIM FLOOII SAMPLE LOG10N F- �c PL PL Da COLOR Ill ACM KaGmR COWAMAMY ca mmaattaa PL PL PL 4 A•DSE TADD nr i wlnoomAL nwF-UP n.[cn4s PL �PL �PL �PL ib b 30 802 South Bridge Street PROJECT NAME: Kendall County Yorkville Marathon Yorkville, IL. 60560 DRAWN BY:MC PROJECT No.F1009029 LUST Incident No. 20060740 REVISED By.-.KT TTnu, Pro osed HAA LPC # 0930255026 � nvi�°onmental Gr®up �W- DATE: JAN 2011 D . NAMESITE.DWG - SCALE:1°=30' DWG. ND.Exhibit: C