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Public Works Packet 2010 10-19-10 cl?* 0 United City of Yorkville 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 Telephone : 630 - 553 -4350 0� NffuW Fax : 630 - 553 -7575 Cdnly <C E ��'�• AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday, October 19, 2010 6 : 00 p.m. City Hall Conference Room Minutes for Correction/Approval : August 17 , 2010 and September 21 , 2010 Items Recommended for Consent Agenda : 1 . PW 2010- 70 Water Department Report for July 2010 2 . PW 2010-71 Water Department Report for August 2010 New Business : 1 . PW 2010- 67 Updated 6-Year Capital Improvement Program 2 . PW 2010- 69 River Road Bridge Replacement — Intergovernmental Agreement 3 . PW 2010- 72 Game Farm/Somonauk Project — Eng . Supplement #2 , Federal Participation Agreement & MFT Appropriation Resolution 4 . PW 2010- 73 Cozy Corner Subdivision — Final Acceptance and Bond/LOC Reduction 5 . PW 2010- 74 Cornerstone — Potential Bond Reduction #3 6 . PW 2010-75 Proposed Revisions/Clarifications to Letter of Credit Policy 70 PW 2010-76 USGS Shallow Well Agreement 8 . PW 2010- 77 Parkway Tree Program Discussion Old Business : 1 . PW 2010- 65 Fountain Village — Punchlist Review and Sitework Letter of Credit Reduction No . 1 2 . PW 2010-47 Proposed Revisions to the Nuisance Ordinance (Weeds and Grass) Additional Business : Public Works Committee October 19, 2010 Page 2 2010/2011 City Council Goals Public Works Committee Goal Elected Officials Staff Rob Fredrickson / Infrastructure planning. Sutcliff / Plocher Joe Wywrot / Eric Dhuse / Krysti Barksdale-Noble Trail planning and pedestrian (with Park Board.) Werderich / Golinski Laura Schraw / Bart Olson / Joe Wywrot Development slow-down issues. Teeling / Gilson K rysti Barksdale-Noble / Joe Wywrot UNITED CITY OF YORKVILLE WORKSHEET PUBLIC WORKS COMMITTEE Tuesday, October 19, 2010 6 : 00 PM CITY CONFERENCE ROOM MINUTES FOR CORRECTION/APPROVAL : --------------------------------------------------------------------------------------------------------------------------------------- 1 . August 17, 2010 2 . September 21 , 2010 ❑ Approved ❑ Approved ❑ As presented ❑ As presented ❑ With corrections ❑ With corrections I ITEMS RECOMMENDED FOR CONSENT AGENDA : ...................................................... ...-.....-................. .................................................. ---- 1 . PW 2010-70 Water Department Report for July 2010 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes 2 . PW 2010-71 Water Department Report for August 2010 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes i --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS : I . PW 2010-67 Updated 6-Year Capital Improvement Program ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes I 2 . PW 2010-69 River Road Bridge Replacement — Intergovernmental Agreement ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes 3 . PW 2010-72 Game Farm/Somonauk Project — Eng. Supplement #2, Federal Participation Agreement & MFT Appropriation Resolution ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes i i 4 . PW 2010-73 Cozy Corner Subdivision — Final Acceptance and Bond/LOC Reduction ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes I ...............--....... .............. ... ........................................... .................... ...--.......................... 5 . PW 2010-74 Cornerstone — Potential Bond Reduction #3 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes 6 . PW 2010-75 Proposed Revisions/Clarifications to Letter of Credit Policy ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes I 7 . PW 2010-76 USGS Shallow Well Agreement ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes 8 . PW 2010-77 Parkway Tree Program Discussion ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes I i i i OLD BUSINESS : ---------------------------------------------------------------------------------- 1 . PW 2010-65 Fountain Village — Punchlist Review and Sitework Letter of Credit Reduction No . 1 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes i i 2 . PW 2010-47 Proposed Revisions to the Nuisance Ordinance (Weeds and Grass) ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------- --------------------------------------------------------------- --------------------------------------------------- ADDITIONAL BUSINESS : ---------------------------------------------------------------------------------------------------------------------------- ---- --- ---- i i I i �I DRAFT - REVISED PUBLIC WORKS COMMITTEE MEETING Tuesday, August 17 , 2010 6 : 00 pm City Hall Conference Room Committee Members . Chairman Joe Plocher Alderman Marty Munns Alderman George Gilson City Staff Eric Dhuse - Director of Public Works Joe Wywrot — City Engineer Bart Olson — City Administrator Rose Spears — Alderman Others Present John Philipchuck Walter Stagner Angel Trenado Jessica Trenado Minutes for Correction/Approval None Items Recommended for Consent Agenda 1. PW 2010-49 Water Department Report for May 2010 2. PW 2010-SO Water Department Report for June 2010 3. PW 2010-54 Kendall Marketplace — Earthwork Letter of Credit Expiration New Business out of sequence) 8. PW 201042 Rush Copley — Regional Stormwater Easement Joe Wywrot reported that this easement is needed along Rt. 34 and he recommended moving this forward to the consent agenda for discussion. Additional Business In another matter, Alderman Gilson read a letter from a concerned citizen, Mr. Trenado, who had had water in his basement following recent heavy rains . Bart Olson said the insurance company had investigated the claim made and was not yet ready to make a decision. He asked Mr. Trenado to document the events including cleanup . Alderman Munns commented on the lack of speed in handling this claim and this will be reviewed when insurance companies are considered in the future. There was extensive discussion on how this situation will be handled and the extent of the cleanup by the 1 i homeowner. Mr. Olson will contact Veolia to determine contract coverage regarding pickup of the damaged goods . New Business 1. PW 2010-55 Traffic Study — Faxon Road and Alan Dale Lane Mr. Wywrot said the intersection has been reviewed to determine if a 4-way stop is warranted and it is not, with no backlog of accidents, etc. No further action . 2. PW 2010-56 Route 47 Widening — City Easements IDOT is requesting 3 separate easements at 2 locations : near the city parking lot on Hydraulic St. and also a temporary easement to replace the entire parking lot when finished. IDOT is asking the city to grant the easement at no cost. The third request is for a no-cost temporary easement in front of Town Square Park . Landscaping items and a sign need to be moved and IDOT is offering $ 5800 for that move. Recommendation is to grant the easements and this will move to the consent agenda. 3. PW 2010-57 Weight Limit Ordinance (E. Main St. & McHugh Road) In reference to the Rt. 47 widening project, IDOT notified the City of several weight limit signs on Rt. 47 and it was found that ordinances established these limits . McHugh and E. Main St. will be signed, however, Mr. Wywrot is recommending fewer signs . The j notification also reviewed using "no-thru truck traffic" , however, Mr. Wywrot recommended against this except on Countryside Parkway. The weight limit portion will move forward to City Council . 3. PW 2010-58ISAWWA Hold Harmless Agreement Mr. Dhuse said this would be an educational tool for Hometown Days . This item will move forward to consent agenda. 4. PW 2010-59 ISAWWA Mutual Aid Agreement This is a mutual aid agreement for nearby towns that agree to assist each other with water and wastewater matters in the event of a disaster. Moves to consent agenda. 5. Miscellaneous Bituminous Patching — MFT Appropriate Resolution Mr. Wywrot said $ 50,000 is budgeted for small patching projects on Kennedy Road and Game Farm Road. IDOT said 10% more should be budgeted to move this project forward since the agreement states this item must go before Council if it exceeds $ 50 ,000 . Road improvements such as this are based on traffic volume and speed according to Joe. Since Game Farm Road will be replaced in 3 -4 years, he advised against spending more money on this road. The committee agreed and it will move forward to City Council consent agenda. 6. PW 2010-61 Standard Specifications for Improvements This matter concerns a builder who questioned a street-cleaning deposit of $ 5 , 000 for one home. After review, Mr. Wywrot recommended a sliding scale with replenishment triggers . He also made recommendations regarding stormwater storage, fire hydrants and 2 i driveway approaches . These items will move forward to City Council and a resolution will be drafted with review by the Attorney. This will be part of the Zoning Code. 9. PW 2010-63 Grande Reserve — Letter of Credit Expirations In July, 19 letters of credit were received regarding Grande Reserve. Mr. Wywrot contacted the bank and a letter of retraction was to be sent, however, it has not been received. He asked that this item be placed on the agenda to authorize the Clerk to call these letters if necessary. All these letters pertain to property owned by Pasquinelli . This item will move forward to the Council consent agenda. Old Business 1. PW 2010-47 Proposed Revisions to the Nuisance Ordinance (Weeds and Grass) This item has been reviewed in previous months and Mr. Olson said the issue is whether plantings should be allowed to grow over 8 inches, but a decision could not be reached at those meetings . Alderman Spears made reference to a meeting the previous night where a decision was made to allow prairie plants . Alderman Spears had suggested a mandatory fine for repeat offenders . Currently, a notice is sent for weed violations and it proceeds to the adjudication process with no option to pre-pay. According to Mr. Dhuse, the repeat offenders this year were for vacant lots . Alderman Gilson said he received many calls regarding weeds and feels the limit should be 8 inches and not 12 inches . He also feels mowing 3 times a year is not adequate. Plantings in ponds were also discussed. After much discussion, it was decided to bring Laura Schraw, who is an expert on such plantings, to the next meeting to discuss with the committee. 2. PW 2010-48 Proposed Water Ordinance Revision Bart Olson said there are many changes with an overall revision of the ordinance. He said the notice procedures for water billing were not changed. Currently a bill is sent, 30 days are given to pay, if no payment another notice is sent, 10 more days are given and then the water is shut off. He said this has been successful . Liens are placed after a certain dollar amount. Alderman Spears said a realtor had called her about an incident where new homeowners were being asked to pay the overdue water bill . Liens must be cleared before a house can be sold . Alderman Gilson asked if water revenues are used for other costs . Mr. Olson replied they are used for employee insurance, administrative fees and other items . A certain percentage of money is allowed to be transferred to the General Fund to offset customer service costs . The committee was divided regarding the transfer of funds . Fire protection system inspections were also discussed. Gilson asked if language to require back-flow systems should be included in the ordinance. Mr. Dhuse said he thought this was already included in the Building Code adopted this year, but could be added to this ordinance also . Gilson suggested an annual inspection be included in the language. This will move forward to City Council. 3 �I i Additional Business Alderman Gilson asked for updates in response to emails he received . One concern was about an overgrown pond on Garden Circle. Bart Olson has contacted the complainant and naturalization was discussed. The developers decide on the design of the ponds . In another matter, weeds have been trimmed on Adrian Street and permission was granted by the rear year neighbors for access to the back. Bart Olson will also contact this resident. Gilson also discussed the crack sealer program and weed growth throughout Countryside and other streets . He asked for a plan to address the problem . 1 Chairman Plocher discussed sewer repairs, but not all repairs will be done due to lack of funds . Gilson questioned why the liaison to the sanitary district would not be involved in the discussions . Munns addressed why some of the $ 10 million surplus money cannot be rebated back to the residents since it originally came from the City. As liaison to the sanitary district, Gilson said he would try to relay that to the district for an answer. There was no further business and the meeting was adjourned at approximately 7 : 20pm . Minutes submitted by Marlys Young 4 DRAFT UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 PUBLIC WORKS COMMITTEE MEETING City Hall, Conference Room Tuesday, September 21 , 2010 — 6 : 00 P.M. PRESENT : George Gilson — Alderman Diane Teeling - Alderman Bart Olson — City Administrator Joe Wywrot - City Engineer Eric Dhuse — Public Works Director Laura Schraw — City Park Designer Paul Zabel — Code Official There was no quorum, however, discussion took place on the following: Consent Agenda Item Us PW 2010-66 2010 Miscellaneous Bituminous Patching — Bid Results and Supplemental MFT Appropriation Resolution Alderman Gilson asked how and where the bid for this project was advertised. City Engineer Wywrot responded that advertisement was in the IDOT Bulletin as well as the Kendall County Record. In addition, the bid was advertised as is with quantity by IDOT, however, the proposal has the quantities included . Engineer Wywrot noted that it has been at least two years since the City had advertised a bid in this manner. Alderman Gilson also requested clarification regarding the cost savings if the scope of work was reduced by $ 9 , 185 . 50 . City Engineer Wywrot responded that the base repair work could be eliminated as both roads are scheduled for replacement in the near future, which would save approximately $4,000 . In addition, if Public Works performed the shoulder work, and possibly the striping, approximately $ 3 ,000 could be saved. Finally, reducing the area for patching would also provide cost savings . Public Works Director Dhuse, in response to inquiry about Public Works ability to perform striping, stated he would look into it; however, it has been difficult to obtain the paint. City Engineer Wywrot noted that the $ 50 ,000 is a self-imposed limit; however it is up to the City to determine if they want to utilize the appropriated MFT funds for the additional $ 9 , 185 . 50 in costs . Alderman Gilson questioned if it would be better to rebid this project, reducing the scope of work as discussed. City Engineer Wywrot stated that rebidding the project would create a delay it until next Spring because by the time the bids are received and processed, materials would not be available. The consensus was to not rebid the project but instead request that the Mayor place this item on the next Council agenda. Minutes respectfully submitted Kristia Leyendecker I Cl United City of Yorkville C� WATER DEPARTMENT REPORT t9 ` f,_ o JULY 2010 MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH 'S PUMPAGE FEET FEET FEET GALLONS 3 1335 501 204 15,016,000 4 1393 542 187 164,000 7 1500 883 532 4,620,200 8 1500 861 477 25, 5281000 9 1500 1125 576 91900,000 TOTAL 55, 228, 200 CURRENT MONTH'S PUMPAGE IS 7,485, 600 GALLONS MORE THAN LAST MONTH 2,926,900 GALLONS LESS THAN LAST YEAR DAILY AVERAGE PUMPED : 1 , 826,000 GALLONS DAILY MAXIMUM PUMPED : 2, 947,000 GALLONS DAILY AVERAGE PER CAPITA USE : 114 GALLONS WATER TREATMENT CHLORINE FED : 1567 .4 LBS. CALCULATED CONCENTRATION : 3 . 1 MG/ L FLUORIDE FED : 367 LBS. CALCULATED CONCENTRATION : 0 . 19 MG/ L POLY PHOSAPHATE 1229 . 9 LBS, CALCULATED CONCENTRATION : ON MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 18 SAMPLES TAKEN 18 SATISFACTORY UNSATISFACTORY (EXPLAIN ) FLOURIDE : 3 SAMPLE(S) TAKEN CONCENTRATION : 1 . 02 MG/L MAINTENANCE NUMBER OF METERS REPLACED : 15 NUMBER OF LEAKS OR BREAKS REPAIRED : 1 MXU'S 9 NEW CUSTOMERS RESIDENTIAL : 6 COMMERCIAL : 0 INDUSTRIAL/GOVERNMENTAL : 0 COMMENTS REPLACED 100' OF 1 " COPPER AT 1385 CHESTNUT CIRCLE . HOLE IN THE COPPER UNDER THE ROAD , ALSO REPLACED 5 SQUARES OF WALK DUE TO THE LEAK. O Aa .��° C,r� United City of Yorkville pVV ac, tu MWT WATER DEPARTMENT REPORT AUGUST 2010 MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH 'S PUMPAGE FEET FEET FEET GALLONS 3 1335 501 204 10, 000 4 1393 542 185 13,273,000 7 1500 883 530 31883, 300 8 1500 861 473 16, 534,000 9 1500 1125 575 17, 564,000 TOTAL 51,264,300 CURRENT MONTH 'S PUMPAGE IS 3,963, 900 GALLONS LESS THAN LAST MONTH 3,760,900 GALLONS LESS THAN LAST YEAR DAILY AVERAGE PUMPED : 1,615 .600 GALLONS DAILY MAXIMUM PUMPED : 2,534, 200 GALLONS DAILY AVERAGE PER CAPITA USE : 101 GALLONS WATER TREATMENT CHLORINE FED : 1417 . 7 LBS . CALCULATED CONCENTRATION : 33 MG/ L ! FLUORIDE FED : 415 . 3 LBS . CALCULATED CONCENTRATION : 0.22 MG/L POLY PHOSAPHATE 1066 . 3 LBS. CALCULATED CONCENTRATION : 0 . 89 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 18 SAMPLES TAKEN 18 SATISFACTORY UNSATISFACTORY (EXPLAIN) FLOURIDE : 3 SAMPLE(S) TAKEN CONCENTRATION : 1 . 1 MG/ L MAINTENANCE NUMBER OF METERS REPLACED : 15 NUMBER OF LEAKS OR BREAKS REPAIRED : 1 MXU'S 7 NEW CUSTOMERS RESIDENTIAL : 2 COMMERCIAL: 0 INDUSTRIAL/GOVERNMENTAL : 0 COMMENTS 506 COLTON REPAIRED - A 4" WATERMAIN WITH A 1/ 16 HOLE IN THE WATER MAIN . C/T� Reviewed By: Agenda Item Number J� O-c+ Legal ❑ 1836 EST. Finance ❑ Engineer ■ -�-� Tracking Number City Administrator ❑ O� LI a] "" Consultant El PIA a b1 � ' (0� SCE �V Agenda Item Summary Memo Title : Updated 6-Year Capital Improvement Program Meeting and Date : October 19, 2010 Public Works Committee Synopsis : This updated program addresses water, sanitary, roadway, and other capital projects proposed or constructed from FY 10- 11 to FY 15- 16 . Council Action Previously Taken : Date of Action: Action Taken : Item Number: Type of Vote Required : None Council Action Requested : None — PW Committee consensus only Submitted by : Joe Wywrot Engineering Name Department Agenda Item Notes : Memorandum EST. 1 ; yeas To : Bart Olson, City Administra in .� From : Joe Wywrot, City Engineer U ,{ y O ° CC : Eric Dhuse, Director of Put) ork Lisa Pickering, Deputy City erk < LE �� Date: September 1 , 2010 Subject: Updated 6-year Capital Improvement Program i I I Attached find proposed updates to last year ' s 6-year Capital Improvement Program . Multi-year projects are listed with their total cost only in the year they are scheduled to begin, unless they will be constructed as separate, phased projects . All project costs are for construction and related construction engineering unless indicated otherwise. Debt service for past projects is not listed. Projects scheduled for developer funding may be delayed due to the lack of funding. Costs for ongoing and imminent project were updated based on best available information. Park-related projects are not listed unless they pertain to trail or parking lot projects . Proposed major updates to last year' s approved plan are as follows : General • The purpose of listing projects for the current 2010-2011 fiscal year is to give a realistic view of what we are currently capable of funding. The Capital Improvement Program for future fiscal years is very aggressive, and depends largely on developer funding and some borrowing. • Various projects were moved forward or back based on available funding or on the i progress of our overall water, sanitary sewer, and roadway programs . • Projects required for or primarily funded by new development for the most part have been moved back towards the end the 6-year timeframe. • Construction costs have risen about 3 % over the past year. I have not adjusted the project costs because they are fairly conservative to begin with . Water • No new construction projects . • The Newlyweds Foods watermain replacement was re-named to be the Pinewood Apartments Watermain Replacement and was moved forward to FY 11 - 12 to coincide with the Route 47 watermain relocation project. • The River Road Watermain Replacement was moved up to FY 13 - 14 to coordinate that work with the River Road Bridge Replacement project. • The Fox Hill Watermain Recapture was moved back to FY 13 - 14 and the cost was revised accordingly. • The Game Farm Road watermain project was moved back to FY 14- 15 due to delay of the Game Farm/Somonauk project. S anitary • No new projects were added . • Easement acquisition across the Griesmann property was deleted because the proposed development of that property was abandoned. • Provided more detail for the south-side SSES projects based on the Deuchler estimate received 8/13/10 . This project is now programmed as a series of separate design and construction projects, with design of the first project funded in FY 11 - 12 . YBSD is listed as funding 50 % of this project, although an Intergovernmental Agreement with YBSD has not yet been approved. • The Route 47 sanitary repairs were moved up to FY 11 - 12 based on IDOT' s schedule . • The Fox Hill Sanitary Recapture was moved back to FY 13 - 14 and the cost was revised accordingly. • The Game Farm Road sanitary repairs were moved back to FY 14- 15 due to delay of the Game Farm/Somonauk project. Streets • Pushed back the Rt. 34/Sycamore traffic signal design and construction projects to FY 11 - 12 and FY 12- 13 , respectively. • Pushed back the completion of Game Farm/Somonauk ROW/easement acquisition and construction. This project is being deferred due to coordination issues with IDOT' s Route 47 project. • The River Road Bridge project was moved up to begin Phase 1 engineering in FY 11 - 12 and continuing each year after that with different tasks, ending with construction in FY 14- 15 . An intergovernmental agreement will be needed with Kendall County regarding, among other things, the allocation of Highway Bridge Program funds towards the project. • Added a separate project in FY 14- 15 to complete the Rt.47 streetlights from Somonauk to Route 126 . The streetlight foundations and conduit are to be constructed during IDOT' s Route 47 project . • Moved Powers Court up to FY 12- 13 . • Increased Miscellaneous Patching to $ 150 ,000 for FY 11 - 12 . • Added Cannonball Trail (Blackberry Shore Lane to Amanda Lane) as a LAPP project. Engineering would be in FY 11 - 12 and construction in FY 12- 13 . We should position ourselves to be ready for the next round of KKCOM funding of LAPP projects, which pays for 75 % of roadway construction. • Added Rt. 71 (Walsh Drive to Rt. 126) for FY 14- 15 to fund city costs related to trails, traffic signals, etc. • Added Rt.47 (Caton Farm Road to Rt. 71 ) for FY 15- 16 to fund city costs related to trails, traffic signals, etc. Miscellaneous • The city-county Jefferson Street design was deleted from the program . We will be proceeding without the county with a simple sidewalk design with IDOT. • Added a separate project for Route 47 right-of-way landscaping in FY 14- 15 , after IDOT is complete with their roadway work. • The Com Ed trail was removed from the current program . After other trails are constructed, this project would move back into the program . • Construction of the Kennedy Road trail (Rt.47 to future Mill Road) was added in FY 12- 13 . • Construction of the Riverfront park boat access and parking lot improvements were added in FY 12 - 13 . • Construction of the Raymond Regional Stormwater Basin was left in the program, but is a scaled-back project in anticipation of the Ochoa development. • Added $ 15 ,000 per year over the next 3 years to buy into storage space at the County ' s salt dome. • Deleted the $275 ,000 Yorkville salt dome project from FY 13 - 14 . In general , very few new projects were added to the Capital Improvement Program this year due to the economic downturn, the corresponding drop in funding sources, and the large backlog of projects already on the list. Funding for many projects is uncertain. There are three projects (Game Farm/Somonauk, Route 47 roadway reconstruction, and the River Road bridge replacement) currently under design or just beginning that are scheduled for construction in the next few years . These projects will require significant city funding. We have limited ability to influence the timelines of these projects without jeopardizing outside funding. We need to evaluate our funding options so we are ready to proceed once these projects are cleared for construction. Please place this item on the Public Works Committee agenda of September 21 , 2010 for consideration . Proposed Water Capital Improvement Program 01 -Sep- 10 Funding Source Water Improvement Year Project & Expansion Fund Developer Total 10- 11 a) None $0 $0 $0 Sub-Total $0 $0 $0 11 - 12 a) Route 47 Watermain Relocations $650,000 $650,000 b) Pinewoods Apartments Watermain Replacement $ 150,000 $ 150,000 c) Radio-read meter retrofit (Phase 1 ) $ 115 ,000 $ 1154000 Sub-Total $915,000 $9159000 12- 13 a) Radio-read meter retrofit (Phase 2) $ 1155000 $ 115,000 b) W. Ridge Watermain Replacement $ 140,000 $ 140,000 c) Shallow Well Siting Investigation $330,000 $33000 d) Well No. 6 & Water Treatment Plant (Design) $200.000 $200,000 Sub-Total $455,000 $330,000 $7859000 13-14 a) S. Main Street Watermain Replacement $200,000 $200,000 b) River Road Watermain Replacement (Rt.47 - King) $ 120,000 $ 120,000 c) Elizabeth Street Watermain Replacement $ 175,000 $ 1754000 d) Orange/Olsen Watermain Loop $609000 $6000 e) Washington Watermain Replacement (S.Main - Mill) $ 150,000 $ 150,000 fl Well #7 Standby Generator $3509000 $3509000 g) Well No. 6 $ 1 ,0009000 $ 15000,000 h) Well No. 6 Treatment Plant $21500,000 $2,5005000 h) Fox Hill Watermain Recapture $6009000 $6001000 i) South Water Improvements (partial design) $950,000 $950,000 Sub-Total $ 1 ,655,000 $4,4505000 $691059000 14- 15 a) West Fox River Watermain Crossing $750,000 $750,000 b) Game Farm/Somonauk Road Watermains $65,000 $657000 c) South Water Improvements (5 MG standpipe) $23300,000 $2,000,000 $453005000 d) South Water Improvements (Shallow Well #1 ) $325,000 $325,000 e) Orange Street Watermain Replacement (S.Main - Mill) $ 1505000 $150,000 fl Well No.3 Rehabilitation $ 100,000 $ 10000 g) South Water Improvements (tower design) $ 150,000 $ 150,000 h) South Water Improvements (deep well) $800,000 $800,000 i) South Water Improvements (treatment plant) $6.800,000 6 800 000 Sub-Total $39690,000 $95750,000 $1394409000 15-16 a) South Water Improvements (Shallow Well #2) $325,000 $325,000 b) Well No. 10 $8705000 $870,000 c) Well No. 10 Treatment Plant $374405000 $394405000 d) Greenbriar Road Watermain Extension $730,000 $730,000 e) SW Water Tower (2.0 MG) $25000,000 $ 1 ,900,000 $3,900,000 fl Chally Farm Booster Station $610,000 $610,000 Sub-Total $293257000 $7,550,000 $99875,000 Water Total $950407000 $22,080,000 $3191209000 Proposed Sanitary Capital Improvement Program 01 -Sep- 10 Funding Source San. Sewer Imp. Year Proiect & Expansion Fund YBSD Developer Total 10- 11 None LO LO LO K Sub-Total $0 $0 $0 $0 11 - 12 a) South Side SSES Repairs (open cut - design) $55,000 $55,000 $ 110,000 b) Route 47 Sanitary Sewer Repairs $200,000 $200,000 c) SCADA System for Pump Stations - design $ 155000 $ 15 ,000 d) Rob Roy Creek Interceptor (North Branch #2) - construction $ 1 ,4004000 $ 1 ,400,000 Sub-Total $270,000 $55,000 $ 1 ,4001000 $19725,000 12- 13 a) Route 47 Sanitary Sewer Repairs $200,000 $200,000 b) South Side SSES Repairs (open cut - construction) $420,000 $420,000 $840,000 c) South Side SSES Repairs (lining - design) $559000 $55,000 $ 110,000 d) SCADA for pump stations - construction $ 1004000 $ 1009000 Sub-Total $775,000 $475,000 $152509000 13- 14 a) 202 River Road Sanitary Sewer Replacement $ 100,000 $ 100,000 b) South Side SSES Repairs (lining - construction) $40000 $400,000 $80000 c) South Side SSES Repairs (manholes - design) $20,000 $20,000 $40,000 d) Aux Sable Creek Pump Station & Interceptors - Design $7607000 $7609000 e) Miscellaneous Repairs $50,000 $505000 f) Fox Hill Sanitary Recapture $560,000 $560,000 f) Sewer Extensions $ 1504000 $ 150.000 Sub-Total $ 17280,000 $420,000 $760,000 $294609000 14- 15 a) Game Farm Road Sanitary Sewer Repairs $50,000 $50,000 c) South Side SSES Repairs (manholes - construction) $ 140,000 $ 140,000 $2805000 d) Miscellaneous Repairs $50,000 $50,000 e) Sewer Extensions $ 150,000 $ 150,000 f) SW Interceptor - Engineering $200,000 $200,000 g) SW Interceptor - Easement Acquisition $ 1009000 $ 10000 h) Aux Sable Creek Forcemain - Contract 1 $21750,000 $25750,000 i) Aux Sable Creek Pump Station - Contract 2 $4,5501000 $4,550,000 j) Aux Sable Creek Interceptor - Contract 3 $2,300,000 $2,300,000 k) Aux Sable Creek Interceptor - Contract 4 $24150.000 $2, 150,000 Sub-Total $390,000 $ 1401000 $ 12,0501000 $1295809000 15-16 a) SW Interceptor - Contract 1 $2,700,000 $25700,000 b) SW Interceptor - Contract 1 (Forest Preserve Landscaping) $ 150,000 $ 150,000 c) SW Interceptor - Contract 2 $2,5007000 $2,5001000 d) Miscellaneous Repairs $50,000 $50,000 e) Sewer Extensions $ 150.000 $ 150.000 Sub-Total $2001000 $51350,000 $51550,000 Sanitary Total $2,9155000 $ 1 ,090,000 $ 1975605000 $23,5659000 Proposed Street Capital Improvement Program 01 -Sep- 10 Funding Source Year Project General Fund MFT Developer Federal Total 10- 11 a) Misc. Bituminous Patching $50,000 $50,000 b) Fox Road (Rt.47 - Poplar) - construction $ 140,000 $430,000 $5705000 c) Misc. Guardrail Repairs $25,000 $25,000 d) Game Farm - Somonauk (most ROW/Esmt. acquisition) $ 130.000 $ 130.000 Sub-Total $3455000 $4307000 $775,000 11 - 12 a) Asphalt Pavement Treatment $509000 $50,000 b) Crack Sealing $205000 $209000 c) River Road Bridge @ Blackberry Creek - Phase I Engrg. $509000 $2009000 $250,000 d) Rt.34/Sycamore - Permanent Traffic Signal (design) $309000 $30,000 e) Cannonball Trail LAPP - engineering $30,000 $30,000 f) Misc. Street Patching $ 15000 $ 1509000 g) Powers Ct. $75,000 $75,000 Sub-Total $200,000 $2059000 $2009000 $605,000 12- 13 a) Asphalt Pavement Treatment $50.000 $50,000 b) Crack Sealing $209000 $20,000 c) Route 47 non-participating street costs $9209000 $2009000 $ 1 , 120,000 (streetlights, traffic signals, sidewalks, Jefferson Street, etc.) d) River Road Bridge @ Blackberry Creek - Phase 2 Engrg. $250,000 $250,000 e) Cannonball Trail LAPP - construction $200,000 $580,000 $7804000 f) Countryside Parkway (Center - W. Kendall) $ I 10,000 $ 110,000 g) Rt.34/Sycamore - Permanent Traffic Signal (construction) $200,000 $2009000 h) Kennedy Road (Christy to Grande Reserve) $200,000 $ 1 , 100,000 $ 11300,000 i) Faxon Road extension to Route 47 - ROW Acquisition $859000 $855000 j) Faxon Road extension to Route 47 - design $ 15,000 $ 15,000 k) Strawberry Lane/Conover Ct $ 15000 $ 1504000 1) W. Kendall Drive & Anderson Court $250,000 $250,000 Sub-Total $ 1 ,765,000 $8857000 $ 19100,000 $5809000 $49330,000 13- 14 a) Asphalt Pavement Treatment $60,000 $60,000 b) Crack Sealing $259000 $25,000 c) River Road Bridge @ Blackberry Creek - ROW acquisition $ 1005000 $ 100,000 d) Game Farm/Somonauk (balance of ROW/Esmt acquisition) $70,000 $70,000 $ 140,000 e) In-Town Road Program (Phases 3 & 4) - design $350,000 $350,000 f) Misc. Street Patching $50,000 $50,000 g) Faxon Road Extension to Rt.47 - construction $ 1 ,000 $ 1 ,039,000 $ 1 ,040,000 h) SW Regional Roadway Improvements - design S 160,000 $ 1609000 i) Wildwood Phase 1 streets $200,000 $200,000 j) Corneils Road (Beecher to Route 47) - design $200,000 $200,000 Sub-Total $7609000 $969000 $ 1 ,39900 $70,000 $293259000 14- 15 a) Asphalt Pavement Treatment $60,000 $60,000 b) Crack Sealing $30.000 $30.000 c) Game Farm/Somonauk - Phase 3 Engineering $709000 $ 160,000 $2305000 d) Game Farm/Somonauk - construction $3 ,750,000 $27275,000 $69025,000 e) Game Farm/Somonauk - Streetlight design $25,000 $259000 f) River Road Bridge @ Blackberry Creek - Phase 3 Engrg. $44,000 $ 176,000 $220,000 g) River Road Bridge @ Blackberry Creek - construction $440,000 $ 19760,000 $2,200,000 h) Route 47 streetlighting (Somonauk to Rt. 126) - construction $280,000 $2809000 i) Wildwood Phase 2 streets $ 150,000 $ 150,000 j) Route 71 (Rt.47 Walsh Drive to Rt. 126) - city costs $2005000 $20000 k) Kennedy Road (RR tracks to Galena) $ 194309000 $ 1 ,4305000 1) Mill Road (Kennedy to east end Grande Reserve) $29640,000 $2,640,000 m) Greenbriar Road Extension $700,000 $700,000 n) Pavillion Road Improvements (Fox - Rt.71 ) $ 1 ,400,000 $ 19400,000 o) In-Town Road Program (Phase 3) - construction $2,50000 $2950000 p) Streetlight Construction (Various Locations) $50,000 $504000 Sub-Total $7,015,000 $584,000 $6, 1709000 $473719000 $18,1409000 15- 16 a) Asphalt Pavement Treatment $60,000 $60,000 b) Crack Sealing $35,000 $3500 c) Misc. Street Patching $50,000 $50,000 d) Game Farm/Somonauk - streetlight construction $ 1007000 $ 1003000 e) Countryside Subdivision - Units 8 & 9 $200,000 $20000 f) Route 71 (Rt.47 Walsh Drive to Rt. 126) - city costs $200,000 $2009000 g) In-Town Road Program (Phase 4) - construction $2,1007000 $2, 1009000 h) Comeils Road (Caledonia to Route 47) - Construction $60000 $60000 i) Kennedy Road (Bristol Ridge to RR tracks) $2,5407000 $2954000 j) E. Kendall Drive & Mulhern Court $2509000 $250,000 k) Streetlight Construction (Various Locations) $50,000 $50,000 1) Freemont (Spring-Walnut) & Somonauk (Liberty-McHugh) $300,000 $3005000 m) Kennedy Road (Autumn Creek to Bristol Ridge Road) $600,000 $600.000 Sub-Total $3 ,3109000 $351000 $3.740,000 $79085,000 Streets Total $ 13 ,050,000 $2, 150,000 $ 12,409,000 $5,651 ,000 $3352605000 Proposed Miscellaneous Capital Improvement Program 01 -Sep- 10 Funding Source Year Project General Fund Parks Developer Grant Total 10- 11 a) Town Square Sidewalk Replacement $25,000 $255000 b) Sidewalk Replacement/Extension Program $5,000 $5,000 Sub-total $30,000 $30,000 11 - 12 a) Safe Routes to School (Grant 1 ) - design & construction $ 100,000 $ 1009000 b) Purchase 1000 ton salt storage space @ County (Year 1 of 3 ) $ 157000 $ 15,000 c) Police Station - Design $650,000 $6509000 d) Sidewalk Replacement/Extension Program $5000 $509000 e) Beecher Road - River Crossing Study $ 100,000 $ 1009000 f) Kennedy Road Trail (Rt.47 to future Mill Road) $ 1755000 $ 11575 ,000 $ 197505000 g) Boat Access & Riverfront parking lot $90,000 $4355000 $525,000 h) Parkway tree planting program $25,000 $25 .000 Sub-total $265,000 $9000 $750,000 $2, 110,000 $3,2151000 12- 13 a) Safe Routes to School (Grant 2) - design & construction $ 130,000 $ 130,000 b) Purchase 1000 ton salt storage space @ County (Year 2 of 3) $ 15,000 $ 15 ,000 c) Police Station - Construction $ 1190009000 $ 110000 d) Rt.34 Bike Trail (Kendall County Campus frontage) $759000 $759000 e) Downtown Brownfield - Remediation $200,000 $200,000 f) Parkway tree planting program $259000 $25,000 g) Game Farm/Somonauk - parkway tree landscaping $50,000 $50,000 h) Raymond Detention - construction $290009000 $2,0001000 i) Sidewalk Replacement/Extension Program $604000 $60,000 Sub-total $225 ,000 $ 13 ,200,000 $ 130,000 $ 13,5559000 13- 14 a) Purchase 1000 ton salt storage space @ County (Year 3 of 3) $ 15 ,000 $ 15 ,000 b) Bike Trail Construction - various locations $250,000 $250,000 c) Parkway tree planting program $25,000 $25,000 d) Sidewalk Replacement/Extension Program $604000 $60,000 Sub-total $350,000 $3509000 14- 15 a) Bike Trail Construction - various locations $2505000 $250,000 b) Route 47 right-of-way landscaping $2007000 $2005000 c) Parkway tree planting program $25,000 $25,000 d) Sidewalk Replacement/Extension Program $604000 $60,000 Sub-total $535,000 $5359000 15- 16 a) Bike Trail Construction - various locations $2507000 $250,000 b) Parkway tree planting program $255000 $25 ,000 c) Sidewalk Replacement/Extension Program $60.000 $60,000 Sub-total $335,000 $3359000 Misc. Total $ 197405000 $905000 $ 137950,000 $2,240,000 $ 18,020,000 I i Summary of Capital Improvement Program 01 -Sep- 10 Funding_ Source Year Category General Fund Parks Water Sanitary YBSD MFT Developer Federal Other Grant Total 10- 11 a) Water Improvements $0 i b) Sanitary Improvements $0 c) Street Improvements $345 ,000 $430 ,000 $7755000 d) Miscellaneous Improvements $30,000 $30 ,000 Totals $30,000 $345 ,000 $430,000 $ 805 ,000 11 - 12 a) Water Improvements $9155000 $9155000 b) Sanitary Improvements $2705000 $555000 $ 1 ,400,000 $ 157255000 c) Street Improvements $2005000 $2055000 $200,000 $605 ,000 d) Miscellaneous Improvements 265 000 $90,000 $750,000 $2, 110,000 $35215 ,000 Totals $4655000 $903000 $915 ,000 $2705000 $55 ,000 $2055000 $2, 1509000 $200,000 $251105000 $654605000 12- 13 a) Water Improvements $4555000 $330 ,000 $7855000 b) Sanitary Improvements $775 ,000 $4755000 $ 152503000 c) Street Improvements $ 1 ,765 ,000 $ 8855000 $ 151005000 $5803000 $453305000 d) Miscellaneous Improvements $22500 $ 13 ,200,000 $ 130,000 $ 13 ,555 ,000 Totals $ 1 ,990,000 $4559000 $775 ,000 $4755000 $ 8855000 $ 14,6305000 $5805000 $ 1305000 $ 1959205000 13 - 14 a) Water Improvements $ 15655 ,000 $45450,000 $6 , 1053000 b) Sanitary Improvements $ 15280,000 $4205000 $7605000 $254605000 c) Street Improvements $7605000 $96,000 $ 153995000 $705000 $2,325 ,000 d) Miscellaneous Improvements $350,000 $350.000 Totals $ 1 , 110,000 $ 1 ,6555000 $ 1 ,280,000 $420,000 $96,000 $61609,000 $ 1152405000 14- 15 a) Water Improvements $356905000 $95750,000 $ 13 ,440,000 i b) Sanitary Improvements $390,000 $ 140,000 $ 12,0509000 $ 12,5805000 c) Street Improvements $730155000 $5845000 $6 , 1705000 $453715000 $ 1851405000 d) Miscellaneous Improvements $535 ,000 $5355000 Totals $7 ,5505000 $3 ,6905000 $3905000 $ 1405000 $5845000 $2759703000 $4456953000 15 - 16 a Water Improvements 2 5 000 $755505000 $938755000 $ 32 b) Sanitary Improvements $2005000 $593505000 $555503000 c) Street Improvements $3 ,3105000 $355000 $397403000 $7 ,0855000 d) Miscellaneous Improvements $335 ,000 335 000 Totals $35645 ,000 $2,3253000 $2005000 $355000 $ 1656405000 $2258455000 Total Cost of 6-year Program $ 145790,000 $950405000 $2,9155000 $ 150905000 $251505000 $6759995000 $ 15210,000 $2,2405000 $ 1055965 ,000 Reviewed By: Agenda Item Number Legal ❑ �� � Finance ❑ EST. , ,� ;� 1836 — Engineer � ' Tracking Number �� � ` v1 City Administrator ❑ KUKN O Consultant El<CE ,���? ❑ PW (9 CA O to °l Agenda Item Summary Memo Title : River Road Bridge Replacement — Intergovernmental Agreement I Meeting and Date : October 19, 2010 Public Works Committee NONE Synopsis : This proposed intergovernmental agreement formalizes funding and other commitments by the city and county regarding this bridge 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 : Memorandum EST. . , yeas To : Bart Olson, City Administra r ��. \\ From : Joe Wywrot, City Engineer mil '- p CC : Lisa Pickering, Deputy City 1 rk IWtla1+Cply `� <LE Date : September 14, 2010 Subject : River Road Bridge Replacement — Intergovernmental Agreement I have been in discussion with Fran Klaas, the Kendal County Highway Engineer, regarding combined efforts of the city and county to fund the River Road Bridge project and to coordinate the project between ourselves and IDOT. The attached intergovernmental agreement with p J g �' Kendall County would formalize funding commitments and other tasks for the project. The proposed agreement would obligate the county to channel federal Highway Bridge Program funds to pay for 80% of Phase 1 and Phase 2 Engineering, up to a maximum of $200,000 . The county would also fund 10% of Phase 1 and Phase 2 costs from other sources, as is their custom when assisting other governmental agencies with projects of this nature. This would leave the city funding obligated to fund 10% of Phase 1 and Phase 2, plus any costs beyond those not covered by the Highway Bridge Program funds . Concurrent with Phase 2 is right-of-way and easement acquisition. We have previously secured a 40-foot half right-of-way dedication from Yorkville Bristol Sanitary District along their entire River Road frontage. Phase 1 Engineering would determine if additional right-of-way or easements are needed elsewhere. The city would be responsible for all right-of-way and/or easement acquisition costs . I IDOT has approved this project for funding through their Major Bridge Program . The IDOT funding would cover 80 % of all Phase 3 costs, including construction and construction engineering, up to a maximum of $ 1 ,936 ,000 . The city would be responsible for the remaining 20% of construction-related costs . The agreement also specifies that the county would act as the lead agency for Phase 1 and Phase 2, and the city would be lead agency for Phase 3 . The IDOT funding anticipates that construction will occur in 2015 . In order to meet that timeframe, we need to begin Phase 1 soon . Since the city has no funds budgeted for this project in the current fiscal year, the county would front-fund the city' s 10% share of Phase 1 and Phase 2 , with the city agreeing to budget reimbursement to the county in our fiscal year 2011 -2012 . I recommend that this agreement be approved, subject to final legal and staff review. Please place this item on the September 21 , 2010 Public Works Committee agenda for consideration. INTERGOVERNMENTAL AGREEMENT FOR THE REPLACEMENT OF THE RIVER ROAD BRIDGE OVER BLACKBERRY CREEK, YORKVILLE, ILLINOIS THIS INTERGOVERNMENTAL AGREEMENT by and between the County of Kendall, a unit of local government of the State of Illinois ("Kendall County") and the United City of Yorkville, Kendall County, Illinois (the " City") a municipal corporation of the State of Illinois . WITNESSETH : WHEREAS , Article VII, Section 10 of the Illinois Constitution of 1970 and the Intergovernmental Cooperation A ct (5 ILCS 220/ 1 et seq . ) permit units of local government to obtain or share services and to jointly contract, combine or transfer any power, privilege, function or authority among themselves ; and, WHEREAS, Kendall County and the City have determined it to be in the best interest of the region to combine funds received by the City from the Illinois Department of Transportation ' s Major Bridge Program with funds received by Kendall County from the federal Highway Bridge Program and other funds in order to undertake the replacement of the River I Road Bridge over Blackberry Creek (the "Project") pursuant to the terms conditions and limitations as hereinafter set forth; and, WHEREAS , the Project, once completed, shall provide a safe and efficient roadway network for the benefit of the residents of the City and Kendall County, NOW, THEREFORE, in consideration of the premises and the mutual covenants hereafter set forth, the parties agree as follows : Section 1 . The foregoing preambles are hereby incorporated as if fully restated in this Section 1 . 1 Section 2 . Kendall County hereby agrees to contract with an engineering firm, approved by the City, to undertake the preliminary engineering ("Preliminary Engineering") for the Project. Upon completion of the Preliminary Engineering and approval by the County and the City, the County shall direct the engineering firm to proceed with the design engineering (the "Design Engineering") for the Project. Section 3 . Kendall County hereby commits $200,000 of federal Highway Bridge i Program funds to pay for no more than eighty percent (80 %) of the total cost of the Preliminary Engineering and the Design Engineering and to pay from its own funds an additional ten percent ( 10%) of the total cost of the Preliminary Engineering and Design Engineering. The County agrees to pay the remaining ten percent ( 10%) on the condition that the City reimburse the County for said ten percent ( 10%) on or before April 30, 2012 . The City hereby agrees to reimburse the County on or before April 30, 2012, for any portion of the cost of the Preliminary Engineering and the Design Engineering advanced by the County on behalf of the City. Section 4 . Upon completion and approval of the Design Engineering, the City agrees to undertake the acquisition of such interests in real estate, including temporary or permanent easements or fee ownership, as deemed necessary to construct the replacement of the River Road I Bridge over Blackberry Creek and shall be responsible for all costs in connection with such l acquisition. It is understood that construction of the Project is currently scheduled for calendar year 2015 and the parties hereto agree to work cooperatively toward that date. Section S. This Agreement and the rights of the parties hereunder may not be assigned (except by operation of law), and the terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the parties hereto . Nothing in this Agreement, express or implied, is intended to confer upon any party, other than I 2 the parties and their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of such agreements . Section 6. All notices required or permitted hereunder shall be in writing and may be given by (a) depositing the same in the United States mail, addressed to the party to be notified, postage prepaid and certified with the return receipt requested, (b) delivering the same in person, or (c) telecopying the same with electronic confirmation of receipt. If to the County : County Administrator County of Kendall 111 West Fox Street Yorkville, Illinois 60560 If to the Village : City Administrator United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Or such address or counsel as any party hereto shall specify pursuant to this Section from time to time. Section 7. In case of any provision of this Agreement shall be invalid, illegal or unenforceable, it shall, to the extent possible, be modified in such manner as to be valid, legal and enforceable so as to most nearly retain the intent of the parties, and, if such modification is not possible, such provision shall be severed from this Agreement, and in either case the validity, legality, and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. Section 8. Time is of the essence with respect to this Agreement. Section 9. This Agreement is executed in multiple counterparts, each of which shall be deemed to be and shall constitute one and the same instrument . 3 IN WITNESS WHEREOF, the parties hereto have caused this Intergovernmental Agreement to be executed by their duly authorized officers on the above date at Yorkville, i Illinois . County of Kendall, a unit of local government United City of Yorkville, Kendall County, of the State of Illinois Illinois a municipal corporation By: By: Chair, Kendall County Board Mayor Attest: Attest: I County Clerk City Clerk 4 i C11* Reviewed By: Agenda Item Number J 00 Legal ❑ M4A Finance El esr. 1 � _ ��_ yeas Engineer En � X31 � o g V � Tracking Number City Administrator ❑ Consultant ❑❑ P w 9 0 0 ^ � 9 i <LE ��• E' I Agenda Item Summary Memo Title : Game Farm/Somonauk Project — Eng. Supplement #2, Federal Participation Agmt. & MFT Appropriation Resolution Meeting and Date : October 19, 2010 Public Works Committee Synopsis : This engineering supplemental request in the amount of $ 16, 810 is for items performed beyond the original scope of work of the agreement. Council Action Previously Taken : Date of Action : Action Taken : Item Number: Type of Vote Required : Majority Council Action Requested : Approval .I Submitted by : Joe Wywrot Engineering Name Department Agenda Item Notes : c, r o Memorandum EST. 11836 To : Bart Olson, City Administrate From : Joe Wywrot, City Engineer CC : Lisa Pickering, Deputy City Cl r Date : October 13 , 2010 � [E �� Subject: Game Farm/Somonauk Project - Proposed Engineering Supplement No . 2, Agreement for Federal Participation, & MFT Appropriation Resolution Attached find one copy of proposed Engineering Supplement No . 2 submitted by SEC Group for the referenced project. This proposed supplement to the existing engineering agreement, in the amount of a $ 16, 810 increase, is for various work items beyond the scope of the original agreement. Also attached find a Local Agency Agreement for Federal Participation, which calls for half of this additional engineering expense to be funded through the Kane-Kendall Council for Mayors (KKCOM) , and an MFT appropriation resolution in the amount of $ 16, 810 . 00 . Even though the federal government would pay for half this cost, we need to pay the consultant and then request reimbursement, so we need to appropriate the full amount. The additional work items are explained in detail in Exhibit E to the supplement. The more significant items were : A. Re-analyze the tributary area and revise the storm sewer design on Somonauk Street. The new design will allow us to keep the existing storm sewer in service rather than replacing it with a larger sewer. The cost savings in construction will be in excess of $ 100,000 . B . Revise the storm sewer design on Game Farm Road near the high school to allow the existing watermain near the high school to remain in service. By not replacing the watermain, we will save about $ 30,000 in construction costs. C . Update the Highway Standards and various special provisions to comply with IDOT ' s current requirements . Unfortunately this work was performed before we made the decision to defer construction of the project. SEC Group originally submitted a supplemental request for $21 ,716, which also included additional hours for trail redesign, pavement marking revisions, and an additional future meeting with KKCOM staff. Upon discussing these items with SEC we all agreed that the trail redesign was necessary only because their original design did not fully consider all options to help minimize the need for easements, some of the pavement marking revisions were to correct drafting errors, and the additional future meeting will probably not be necessary. I recommend that Engineering Supplement No . 2 , the Local Agency Agreement for Federal Participation, and the MFT appropriation resolution be approved. Please place this item on the October 19, 2010 Public Works Committee agenda for consideration. ���InOIS rt1Y1P_I'lt Resolution for Improvement by �t�+Q 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 Route From To Game Farm Road FAU 1550 US Route 34 Somonauk Street Somonauk Street FAU 1550 Game Farm Road Colton Street BE IT FURTHER RESOLVED , 1 . That the proposed improvement shall consist of Additional Phase 2 engineering to revise storm sewer, watermain sidewalk , pavement marking , and railing designs . and shall be constructed N/A wide and be designated as Section 03-00031 -00-FP 2 . That there is hereby appropriated the (additional X Yes No) sum of Sixteen thousand , eight hundred and ten and .................-......-............................................- Dollars ( $ 16 , 810 . 00 ) 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 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 Date IN TESTIMONY WHEREOF , I have hereunto set my hand and seal this day of Regional Engineer (SEAL) City, Town , or Village Clerk Printed 10/13/2010 BLR 09111 (Rev. 11 /06) Illinois Department oval Agency State Contract Day Labor Local Contract RR Force Account of Transportation United City of Yorkville X Local Agency Agreement Section Fund Type ITEP Number for Federal Participation 03-00031 -00-FP STU Construction En in ering Right- f-Wa Job Number Project Number Job Number Project Number Job Number Project Number P-93-033-07 M-8003 (811 ) This Agreement is made and entered into between the above local agency hereinafter referred to as the " LA" and the state of Illinois, acting by and through its Department of Transportation , hereinafter referred to as "STATE" . The STATE and LA jointly propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans approved by the STATE and the STATE's policies and procedures approved and/or required by the Federal Highway Administration hereinafter referred to as " FHWA" . Location Local Name Game Farm Road / Somonauk Street Route FAU 1550 Length 5 ,500 feet Termini U .S . Route 34 to Illinois Route 47 Current Jurisdiction United City of Yorkville Existing Structure No N/A Project Description Reconstruction of Game Farm Road / Somonauk Street from U .S . Route 34 to Illinois Route 47 for the addition of auxiliary turn lanes . Project includes curb and gutter, new storm sewer and sidewalk improvements . Division of Cost Type of Work FHWA % STATE % LA % Total Participating Construction ( ) ( ) ( ) Non-Participating Construction ( ) ( ) ( ) Preliminary Engineering 81405 ( 50 ) ( ) 8,405 ( 50 ) 16,810 Construction Engineering ( ) ( ) ( ) Right of Way ( ) ( ) ( ) Railroads ( ) ( ) ( ) Utilities ( ) ( ) ( ) Materials TOTAL $ 81405 $ $ 81405 $ 16,810 NOTE : The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursment. If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above. The Federal share of construction engineering may not exceed 15% of the Federal share of the final construction cost. Local Agency Appropriation By execution of this Agreement, the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and additional funds will be appropriated , if required , to cover the LA's total cost. Method of Financing (State Contract Work) METHOD A---Lump Sum (80% of LA Obligation) METHOD B--- Monthly Payments of METHOD C---LA's Share $ 81405 .00 divided by estimated total cost multiplied by actual progress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) Printed on 10/11 /2010 Page 1 of 4 BLR 05310 (03/23/10) Agreement Provisions THE LA AGREES : (1 ) To acquire in its name , or in the name of the state if on the state highway system , all right-of-way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 , and established state policies and procedures. Prior to advertising for bids, the LA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been satisfied . The disposition of encroachments, if any, will be cooperatively determined by representatives of the LA, and STATE and the FHWA, if required . (2) To provide for all utility adjustments, and to regulate the use of the right-of-way of this improvement by utilities, public and private , in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems. (3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement. (4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction , an addendum is required . (5 ) To maintain or cause to be maintained , in a manner satisfactory to the STATE and FHWA, the completed improvement, or that portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above . (6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U .S . Department of Transportation . (7) To maintain , for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the department; and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books , records and supporting documentation are not available to support their purported disbursement. (8) To provide if required , for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of the proposed improvement. (9) To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA. (10) (State Contracts Only) That the method of payment designated on page one will be as follows: Method A - Lump Sum Payment. Upon award of the contract for this improvement, the LA will pay to the STATE, in lump sum , an amount equal to 80% of the LA's estimated obligation incurred under this Agreement, and will pay to the STATE the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method B - Monthly Payments. Upon award of the contract for this improvement, the LA will pay to the STATE , a specified amount each month for an estimated period of months, or until 80% of the LA's estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum , upon completion of the project based upon final costs. Method C - Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement, the LA will pay to the STATE, an amount equal to the LA's share of the construction cost divided by the estimated total cost, multiplied by the actual payment (appropriately adjusted for nonparticipating costs) made to the contractor until the entire obligation incurred under this Agreement has been paid. ( 11 ) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding , equipment, labor, material and services necessary to construct the complete project. ( 12 ) (Preliminary Engineering ) In the event that right-of-way acquisition for, or actual construction of the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which this agreement is executed , the LA will repay the STATE any Federal funds received under the terms of this Agreement. ( 13) ( Right-of-Way Acquisition ) In the event that the actual construction of the project on this right-of-way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which this Agreement is executed , the LA will repay the STATE any Federal Funds received under the terms of this Agreement. ( 14) (Railroad Related Work Only) The estimates and general layout plans for at-grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation , 2300 South Dirksen Parkway, Springfield , Illinois , 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission ( ICC ). Final inspection for railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the IDOT's District Bureau of Operations . The LA is responsible for the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets office. Engineer's Payment Estimates in accordance with the Division of Cost on page one . Printed on 10/11 /2010 Page 2 of 4 BLR 05310 (03/23/10) ( 15) And certifies to the best of its knowledge and belief its officials: (a) are not presently debarred , suspended , proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; ( b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining , attempting to obtain or performing a public ( Federal , State or local) transaction or contract under a public transaction ; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records , making false statements receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity ( Federal , State, local ) with commission of any of the offenses enumerated in item (b) of this certification ; and (d) have not within a three-year period preceding the Agreement had one or more public transactions (Federal , State, local ) terminated for cause or default. ( 16) To include the certifications , listed in item 15 above and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. ( 17) (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE . ( 18) That for agreements exceeding $ 100 ,000 in federal funds, execution of this Agreement constitutes the LA's certification that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned , to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress , an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation , renewal , amendment or modification of any Federal contract, grant, loan or cooperative agreement; ( b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress , an officer or employee of Congress or an employee of a Member of Congress, in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions; (c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties (including subcontracts, subgrants and contracts under grants , loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. ( 19 ) To regulate parking and traffic in accordance with the approved project report. (20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes. (21 ) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes. (22) That the LA may invoice the STATE monthly for the FHWA and/or STATE share of the costs incurred for this phase of the improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment, certified time sheets, vendor invoices, vendor receipts, and other documentation supporting the requested reimbursement amount. (23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed $1 ,000 ,000 (five years if the project costs exceed $1 ,000 ,000). (24) Upon completion of this phase of the improvement, the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the improvement, the most recent invoice may be considered the final invoice and the obligation of the funds closed . (25 ) (Single Audit Requirements) That if the LA receives $500 ,000 or more a year in federal financial assistance they shall have an audit made in accordance with the Office of Management and Budget (OMB) Circular No. A- 133. LA's that receive less than $500 ,000 a year shall be exempt from compliance . A copy of the audit report must be submitted to the STATE with 30 days after the completion of the audit, but no later than one year after the end of the LA's fiscal year. The CFDA number for all highway planning and construction activities is 20 .205 . THE STATE AGREES : ( 1 ) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LA's certification of compliance with Titles II and III requirements . (2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a satisfactory bid . (3) ( Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and Engineer's Payment Estimates in accordance with the Division of Cost on page one . (4) (Local Contracts) That for agreements with Federal and/or State funds in engineering , right-of-way, utility work and/or construction work: Printed on 10/11 /2010 Page 3 of 4 BLR 05310 (03/23/10) (a) To reimburse the LA for the Federal and/or State share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payment by the LA; (b) To provide independent assurance sampling , to furnish off-site material inspection and testing at sources normally visited by STATE inspectors of steel , cement, aggregate, structural steel and other materials customarily tested by the STATE . IT IS MUTUALLY AGREED : ( 1 ) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal-aid participation or the contract covering the construction work contemplated herein is not awarded within three years of the date of execution of this Agreement. (2) This Agreement shall be binding upon the parties, their successors and assigns. (3) For contracts awarded by the LA, the LA shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any USDOT — assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26 . The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT — assisted contracts. The LA's DBE program , as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved program , the department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U .S . C . 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U .S . C . 3801 et seq . ). In the absence of a USDOT — approved LA DBE Program or on State awarded contracts, this Agreement shall be administered under the provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program . (4) In cases where the STATE is reimbursing the LA, obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein . (5) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0 .01 et seq .) unless the provisions of that Act exempt its application. ADDENDA Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement. Number 1 Location Map (Insert addendum numbers and titles as applicable) The LA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement and all addenda indicated above. APPROVED APPROVED Local Agency State of Illinois Department of Transportation Valerie Burd (Print or Type Name) Gary Hannig, Secretary of Transportation Date Mayor By: (County Board Chairperson/MayorNilIage President/etc.) (Delegate's Signature) I (Delegate's Name - Printed) (Signature) Date The above signature certifies the agency's TIN number is Christine M. Reed , Director of Highways/Chief Engineer Date 36-6006169 conducting business as a Governmental Entity. NOTE: If signature is by an APPOINTED official , a resolution Ellen J . Schanzle-Haskins, Chief Counsel Date authorizing said appointed official to execute this agreement is required . Ann L. Schneider, Director of Finance and Administration Date Printed on 10/11 /2010 Page 4 of 4 BLR 05310 (03/23/10) LOCATION MAP SUPPLEMENT # 2 END IMPROVE RANGE 7 EAST MEN TS GAME FARM ROAD �Q N STA. 649 +92.69 ~ J Am� 2 �Fy�9 COUNTRYSIDE PKWY (er 34 �p 47 34 END SOMONAUK STREET JOHN ST VETERANS PKWY r�Mq R STA. 513 + 88.00 Heq BEGIN GAME FARM ROAD `Q� P EASURE R N ANDMARK JG� �a R (qH� VE D SSTA. 613 +88.00 ��� LANE o L � R ° WALNUT ST a Z JACK ON ST LL ' LM O w E E ST Z 3 EP KST S ON UK ST d � 5 RING ST NRIVER ST 0 ~ FOX RIVER O PROJECT OMISSION NGTON NORTH R R BEGIN IMPROVEMENTS SOMONAUK STREET RIDGE VAN EMMON ST SOMONAUK STREET STA. 499 +8184 TO 47 STA. 494+9193 STA. 500 + 18.58 o W S IN TON T 0 ORA GE ST Arm SID OLSEN ST r F� BLAINE S WALTER ST 2 ELIZABETH ST ILLINI DR BEAVER ST 26 BRISTOL TOWNSHIP THIRD PRINCIPAL MERIDIAN LOCATION MAP 1 " = 2,000' (APPROX.) PROJECT GROSS LENGTH = 5,463.95 FEET (1 .03 MILES) PROJECT NET LENGTH = 5,500.69 FEET (1 .04 MILES) Local Agency Consultant L 111mb Department SEC Group, Inc . An HR Green United City of Yorkville p of Transportation C Company County C 0 Address Kendall A N 651 Prairie Pointe Dr Suite 201 Section L S City 03-00031 -00-FP Yorkville Project No. A Preliminary Engineering � State M-08003 (811 ) Services Agreement Illinois Job No. G For T Zip Code P-93-033-07 E Federal Participation A 60560 Contact Name/Phone/E-mail Address N N Contact Name/Phone/E-mail Address Joseph Wywrot/630-553-8545 C Supplement #2 T Glenn Tredinnick, P . E ./630-553-7560 Jwywrot @yorkville . il . us Y gtredinnick @hrgreen . com THIS AGREEMENT is made and entered into this day of 2010 between the above Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the PROJECT. Federal-aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of Transportation (STATE ) will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS , Project Description Name Game Farm Road - Somonauk Street Route FAU 1550 Length 5 ,500' Structure No. None Termini From Illinois Route 47 to U .S . Route 34 Description : Supplement #2 for the preparation of contract plans and specifications for the reconstruction of Game Farm Road/Somonauk Street, from Illinois Route 47 to U .S . Route 34. Agreement Provisions I . THE ENGINEER AGREES, 1 . To perform or be responsible for the performance, in accordance with STATE approved design standards and policies, of engineering services for the LA for the proposed improvement herein described . 2 . To attend any and all meetings and visit the site of the proposed improvement at any reasonable time when requested by representatives of the LA or STATE . 3. To complete the services herein described within 360 calendar days from the date of the Notice to Proceed from the LA, excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER. 4. The classifications of the employees used in the work should be consistent with the employee classifications and estimated man- hours shown in EXHIBIT A. If higher-salaried personnel of the firm, including the Principal Engineer, perform services that are indicated in Exhibit A to be performed by lesser-salaried personnel, the wage rate billed for such services shall be commensurate with the payroll rate for the work performed . 5 . That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable for the PROJECT; and that the ENGINEER has sufficient properly trained , organized and experienced personnel to perform the services enumerated herein . 6 . That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from the ENGINEER's errors , omissions or negligent acts without additional compensation. Acceptance of work by the STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or for clarification of any ambiguities. 7 . That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the ENGINEER and will affix the ENGINEER's professional seal when such seal is required by law. Plans for structures to be built as a part of the improvement will be prepared under the supervision of a registered structural engineer and will affix structural engineer seal when such seal is required by law. It will be the ENGINEER's responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the STATE . 8. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LA. Page 1 of 7 BLR 05610 (Rev. 9/06) Printed on 10/12/2010 12 :41 :45 PM 9. The undersigned certifies neither the ENGINEER nor I have: a . employed or retained for commission , percentage , brokerage , contingent fee or other considerations, any firm or person (other than a bona fide employee working solely for me or the above ENGINEER) to solicit or secure this AGREEMENT, b. agreed , as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c. paid , or agreed to pay any firm , organization or person (other than a bona fide employee working solely for me or the above ENGINEER) any fee , contribution , donation or consideration of any kind for, or in connection with , procuring or carrying out the AGREEMENT, d , are not presently debarred , suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, e. have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining , attempting to obtain or performing a public (Federal , State or local) transaction ; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property, f. are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (e) and g . have not within a three-year period preceding this AGREEMENT had one or more public transactions (Federal , State or local) terminated for cause or default. 10. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA. 11 . To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 12 . To submit BLR 05613 , Engineering Payment Report, to the STATE upon completion of the project (Exhibit B). 13. Scope of Services to be provided by the ENGINEER (as checked below and detailed in Exhibit E): ❑ Make such detailed surveys as are necessary for the planning and design of the PROJECT. ❑ Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and flood flow histories. ❑ Prepare applications for U .S . Army Corps of Engineers Permit, Illinois Department of Natural Resources Office of Water Resources Permit and Illinois Environmental Protection Agency Section 404 Water Quality Certification. ❑ Design and/or approve cofferdams and superstructure shop drawings. ❑ Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or culvert types and high water effects on roadway overflows and bridge approaches) . ❑ Prepare the necessary environmental and planning documents including the Project Development Report, Environmental Class of Action Determination or Environmental Assessment, State Clearinghouse, Substate Clearinghouse and all necessary environmental clearances . ❑ Make such soil surreys or subsurface investigations including borings and soil profiles as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations to be made in accordance with the current Standard Specifications for Road and Bridge Construction , Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE . ❑ Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation . ❑ Prepare preliminary roadway and drainage structure plans and meet with representatives of the LA and STATE at the site of the improvement for review of plans prior to the establishment of final vertical and horizontal alignment, location and size of drainage structures, and compliance with applicable design requirements and policies. ❑ Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. ® Complete the general and detailed plans, special provisions and estimate of cost. Contract plans shall be prepared in accordance with the guidelines contained in the Bureau of Local Roads and Streets manual . The special provisions and detailed estimate of cost shall be furnished in quadruplicate. ❑ Furnish the LA with survey and drafts in quadruplicate all necessary right-of-way dedications, construction easements and borrow pit and channel change agreements including prints of the corresponding plats and staking as required . Page 2 of 7 BLR 05610 (Rev. 9/06) Printed on 10/11 /2010 1 :58:59 PM II. THE LA AGREES, 1 . To furnish the ENGINEER all presently available survey data and information 2 . To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the following compensation formulas: Cost Plus Fixed Fee ® CPFF = 14 .5%[DL + R(DL) + OH( DL) + IHDC] , or ❑ CPFF = 14.5 %[DL + R( DL) + 1 A(DL) + IHDC] , or ❑ CPFF = 14 .5% [(2 .3 + R)DL + IHDC] Where : DL = Direct Labor IHDC = In House Direct Costs OH = Consultant Firm's Actual Overhead Factor R = Complexity Factor Specific Rate ❑ (Pay per element) Lump Sum ❑ 3 . To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409: ❑ With Retainage a) For the first 50 % of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to 90% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50 % of the work is completed , and upon receipt of monthly Invoices from the ENGINEER and the approval thereof by the LA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to 95% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment — Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and the STATE , a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER . ® Without Retainage j a) For progressive payments — Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, l monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment — Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and STATE , a sum o money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 4. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT- assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient' s DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U .S .C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U .S .C. 3801 et seq.). III . IT IS MUTALLY AGREED , 1 . That no work shall be commenced by the ENGINEER prior to i ssuance by the LA of a written Notice to Proceed . 2 . That tracings, plans , specifications, estimates, maps and other documents prepared by the ENGINEER in accordance with this AGREEMENT shall be delivered to and become the property of the LA and that basic survey notes, sketches, charts and other data prepared or obtained in accordance with this AGREEMENT shall be made available , upon request, to the LA or to the STATE, without restriction or limitation as to their use . Page 3 of 7 BLR 05610 (Rev. 9/06) Printed on 10/11 /2010 1 :58:59 PM 3. That all reports, plans, estimates and special provisions furnished by the ENGINEER shall be in accordance with the current Standard Specifications for Road and Bridge Construction , Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that all such furnished documents shall be approved by the LA and the STATE before final acceptance . During the performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 4 . That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without written consent of the LA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this agreement. 5. To maintain , for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts , recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the STATE ; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books , records and supporting documentation are not available to support their purported disbursement. 6. The payment by the LA in accordance with numbered paragraph 3 of Section II will be considered payment in full for all services rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT. 7 . That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LA, the STATE , and their officers, agents and employees from all suits , claims, actions or damages of any nature whatsoever resulting there from . These indemnities shall not be limited by the listing of any insurance policy. 8. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all drawings, plats, surreys, reports , permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data , if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LA. The LA will be responsible for reimbursement of all eligible expenses to date of the written notice of termination . 9. This certification is required by the Drug Free Workplace Act (301LCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including , but not limited to , suspension of contract or grant payments, termination of a contract or grant and debarment of the contracting or grant opportunities with the State for at least one ( 1 ) year but no more than five (5) years . For the purpose of this certification , "grantee" or "contractor" means a corporation , partnership or other entity with twenty-five (25) or more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific performance under a contract or grant of $5 ,000 or more from the State, as defined in the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: a. Publishing a statement: ( 1 ) Notifying employees that the unlawful manufacture , distribution , dispensing , possession or use of a controlled substance , including cannabis, is prohibited in the grantee's or contractor's workplace . (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will : (a) abide by the terms of the statement; and (b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction . b. Establishing a drug free awareness program to inform employees about: ( 1 ) The dangers of drug abuse in the workplace; (2 ) The grantee's or contractors policy of maintaining a drug free workplace ; (3) Any available drug counseling , rehabilitation and employee assistance program ; and (4) The penalties that may be imposed upon an employee for drug violations. C, Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. d . Notifying the contracting or granting agency within ten ( 10) days after receiving notice under part (B) of paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction. e. Imposing a sanction on , or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, f. Assisting employees in selecting a course of action in the event drug counseling , treatment and rehabilitation is required and indicating that a trained referral team is in place . g . Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. Page 4 of 7 BLR 05610 (Rev. 9/06) Printed on 10/11 /2010 1 :58:59 PM 10 . The ENGINEER or subconsultant shall not discriminate on the basis of race , color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the LA deems appropriate. Agreement Summary Prime Consultant: TIN Number A reement Amount SEC Group, Inc. - An HR Green Company 42-0927178 $ 16 ,809.27 Sub-Consultants: TIN Number Agreement Amount Sub-Consultant Total : Prime Consultant Total: $ 16,809.27 Total for all Work: $ 16,809.27 Executed by the LA: United City of Yorkville (Mu nici pal i tyf township/County) ATTEST: By: By: Clerk Title : Mayor (SEAL) Executed by the ENGINEER: ATTEST: 0 SEC Grou e . - An HR Green Company By: 1 By: Title: Administrative Assistant Title: Site Manager II Page 5 of 7 BLR 05610 (Rev. 9/06) Printed on 10/11 /2010 1 :58:59 PM Exhibit A - Phase II Engineering Supplement #2 Route: Game Farm Road/Somonauk Road *Firm's approved rates on file with IDOT's Local Agency: United City of Yorkville Bureau of Accounting & Auditing : (Municipality/Township/County) Section: 03-00031 -00-EP Overhead Rate (OH) 159. 00% Project: M-8003 (811 ) Complexity Factor (R) 0 Job No. P-93-033-07 Calendar Days 360 Method of Compensation Cost Plus Fixed Fee 1 ® 14.5%[DL + R(DL) + OH (DL) + IHDC] Cost Plus Fixed Fee 2 ❑ 14.5%[DL + R(DL) + 1 .4(DL) + IHDC] Cost Plus Fixed Fee 3 ❑ 14.5%[(2.3 + R)DL + IHDC] Specific Rate ❑ Lump Sum ❑ Cost Estimate of Consultant's Services in Dollars In-House Element of Work Employee Man - Payroll Payroll Overhead* Services by Direct Costs Profit Total Classification Hours Rate Costs (DL) Others (IHDC) Sidewalk and Bike Trail See Exhibit C 8 $38.05 $304.40 . $484.00 $0.00 $0.00 $114.32 $902.71 Storm Sewer See Exhibit C 40 $34.22 $17368.80 $2, 176.39 $0.00 $0.00 $514.05 $4,059.24 Pavement Markings See Exhibit C 4 $38.05 $152.20 $242.00 $0.00 $0.00 $57. 16 $451 .36 Alternate Fence Details See Exhibit C 4 $32. 17 $128.68 $204.60 $0.00 $0. 00 $48.33 $381 .61 Water Main Plans See Exhibit C 16 $38. 92 $622.72 $990. 12 $0.00 $0.00 $233.86 $1 ,846. 71 Water Main Details See Exhibit C 4 $32. 17 $128.68 $204.60 $0.00 $0.00 $48.33 $381 .61 Letting Update See Exhibit C 24 $41 . 17 $988.08 $ 1 ,571 .05 $0.00 $0.00 $371 .07 $2,930.20 Estimate of Cost & Time See Exhibit C 8 $39.79 $318.32 $506. 13 $0. 00 $0.00 $119.55 $943.99 Meetings/Coordination See Exhibit C 18 $35.23 $634. 14 $1 ,008.28 $0.00 $0.00 $238. 15 $ 1 ,880. 57 Administration See Exhibit C 24 $42. 59 $1 ,022. 16 $19625.23 $0.00 $0.00 $383. 87 $3,031 .27 Totals 150 $5,668.18 $9,012.41 $0.00 $0.00 $2,128.68 $16,809.27 BLR 05610 (Rev. 9/01 Illinois Department of Transportation Engineering Payment Report Prime Consultant Name SEC Group, Inc . - An HR Green Company Address 651 Prairie Pointe Drive , Yorkville , IL 60560 Telephone 630-553-7560 TIN Number Project Information Local Agency United City of Yorkville Section Number 03-00031 -00-FP Project Number M-8003 (811 ) Job Number P-93-033-07 This form is to verify the amount paid to the Sub-consultant on the above captioned contract. Under penalty of law for perjury or falsification , the undersigned certifies that work was executed by the Sub-consultant for the amount listed below. Sub-Consultant Name TIN Number Actual Payment from Prime NONE Sub-Consultant Total: Prime Consultant Total : Total for all Work Completed : Signature and title of Prime Consultant Date Note : The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as concurring with the payment amount specified above. I Page 7 of 7 BLR 05610 (Rev. 9/06) Printed on 10/11 /2010 1 :58:59 PM �l Illinois D epartlll 'E nt Exhibit C - Phase If Engineering Transportation Supplement #2 Average Hourly Project Rates Route Game Farm Road - Somonauk Street Section 03-00031 -00-FP County Kendall Consultant SEC Group Inc. - An HR Green Compnay Date 05/18/10 Job No. P-93-033-07 Sheet 1 OF 2 PTB/Item Total Project Rates Sidewalk and Bike Trail Storm Sewer Pavement Markings Alternate Fence Details Water Main Plans Payroll Avg Hourly Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgt Classification Rates Part. Avg Part. Avg. Part. Avg Part. Avg Part. Avg. Part. Avg Senior Project Mana er $52.20 41 27.33% 14.27 2 25.00% 13.05 4 10.00% 5.22 1 25.00% 13.05 4 25.00% 13.0 Civil Engineer III $35.66 62 41 .33% 14.74 4 50.00% 17.83 12 30.00% 10.70 2 50.00% 17.83 2 50.00% 17.83 10 62.50% 22.2' Civil Engineer II $31 .43 16 10.67% .3.35 16 40.00% 12.57 Engineering Technician $28.68 17 11 .33% 3.25 2 25.00% 7.17 8 20.00% 5.74 1 25.00% 7. 17 2 50.00% 14.34 2 12.50% 3.5� Administrative Assistant $23.37 14 9.33% 2. 18 TOTALS 150 100% $37.79 8 100% $38.05 40 100% $34.22 4 100% $38.05 1 4 100% $32. 17 16 100% $38.E Rundate: 10 1612010 8:43 AM Q�j l Illinois Department Exhibit C - Phase II Engineering `d of Transportation Supplement #2 Average Hourly Project Rates Route Game Farm Road - Somonauk Street Section 03-00031 -00-FP County Kendall Consultant SEC Group, Inc. - An HR Green Compnay Date 05/18110 Job No. P-93-033-07 PTB/Item Sheet 2 OF 2 Water Main Details Letting Update Estimate of Cost & Time Meetings/Coordination Administration Payroll Classification Avg Hourly Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wg Rates Part. Avg Part. Av Part. Avg Part. Avg Part. Avg Part Av Senior Project Manager 8 33.33% 17.40 2 25.00% 13.05 4 22.22% 11 .60 16 66.67% 34.80 Civil Engineer I11 2 50.00% 17.83 16 66.67% 23.77 6 75.00% 26.75 8 44.44% 15.85 Civil Engineer II Engineering Technician 2 50.00% 14.34 6 33.33% 7.79 8 33.33% 7.79 Administrative Assistant TOTALS 4 100% $32.17 24 100% $41 . 17 8 1 100% 1 $39.79 18 100% $35.23 24 100% $42.59 0 0% $0. Rundate:10/6/2010 8:44 AM i Exhibit E AGREEMENT for SUPPLEMENT NO . 2 PREPARATION OF CONTRACT PLANS AND SPECIFICATIONS GAME FARM ROAD/SOMONAUK STREET RECONSTRUCTION FROM ILLINOIS ROUTE 47 TO U. S . ROUTE 34 Mr. Joseph Wywrot City Engineer United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Phone : (630) 553 -8545 Fax : (630) 553 -7575 SEC Job No . : YORK-040098 . 04 I i September 20, 2010 II I� Mr. Joseph Wywrot United City of Yorkville Game Farm Road/Somonauk Street Supplement No. 2 Job No. : YORK-040098.04 September 20, 2010 Page 2 of 12 I. Project Understondng A. General Background The United City of Yorkville (CLIENT) plans to improve Game Farm Road/Somonauk Street from U . S . Route 34 to Illinois Route 47 . Game Farm Road/Somonauk Street is designated as Federal Aid Urban Route 1550 . The proposed improvement consists of roadway reconstruction with the addition of a median/two-way left turn lane from U. S . Route 34 to Illinois Route 47 . Other improvements include the addition of curb and gutter, storm sewer, sidewalks, traffic signal modernization, and replacement of various water main and sanitary sewers. The CLIENT intends to utilize federal funds for a portion of the construction of the proposed improvements . Funding for construction is programmed through the Kane/Kendall County Council of Mayors and is currently targeted for fiscal year 2011 . To be eligible for federal funding, a Phase 1 study and a project report outlining the effects of the proposed improvements were completed with a design approval date of January 2007 . The original design contract was authorized on August 22, 2007 with Supplement No . 1 authorized on April 8 , 2009 . The next design effort needed for this project is to revise the construction documents consisting of plans, specifications, and estimates, based on the additional CLIENT comments dated March 4, 2010 . The construction documents will be resubmitted to the Illinois Department of Transportation (IDOT) District Three for their review and approval as well as the letting and award of a construction contract. Land acquisition negotiations between the CLIENT and private property owners for this project are ongoing. The land acquisition process may take approximately six (6) to nine (9) months to complete. B . Design Criteria The Bureau of Local Roads and Streets Manual published by IDOT in January 2006, the Bureau of Design and Environment Manual published by IDOT in December 2002, and the CLIENT Subdivision Control Ordinance will be utilized. Mr. Joseph Wywrot United City of Yorkville Game Farm Road/Somonauk Street Supplement No. 2 Job No. : YORK-040098.04 September 20, 2010 Page 3 of 12 II . Scope of Services A. Engineering Services 1 . Revise sidewalk and bike trail located on north side of Somonauk Street east of Illinois Route 47 . Included are revisions to cross sections, plan and profile, drainage plans, and quantities/costs . The enhanced design will allow better continuity of the CLIENT wide bike trail system . Labor = eight (8) hours 2 . Revise storm sewer design and plans at Somonauk Street and at the outfall near the high school . This effort will reduce construction costs by utilizing some existing pipes and reducing the ROW needed. Revise storm sewer design along nursing home frontage, from approximately Sta. 544+00 to the U . S . Route 34 outfall . In addition, revise miscellaneous storm sewer connections and crossings as described in CLIENT letter dated March 4, 2010 . Quantities/costs will also be updated. Labor = forty (40) hours 3 . Revise gvement marking plans as described in CLIENT letter dated p March 4, 2010 . Quantities/costs will also be updated. Labor = four (4) hours 4 . Provide alternative details and special provisions for fence along the top of the retaining wall . Labor = four (4) hours 5 . Revise water main pay units from feet to pounds for all fittings . Quantities/costs will also be updated. Includes ongoing Illinois Environmental Protection Agency (IEPA) coordination for permitting. Labor = sixteen (16) hours I i Mr. Joseph Wywrot United City of Yorkville Game Farm Road/Somonauk Street Supplement No. 2 Job No. : YORK-040098.04 September 20, 2010 Page 4 of 12 6 . Update water main details based on revision to Standard Specifications for Water and Sewer Main Construction in Illinois from 5th and 6th editions. Labor = four (4) hours 7 . Update list of Highway Standards, Coded Pay Items, Supplemental Specifications, Recurring Special Provisions, and Bureau of Design and Environment (BDE) Special Provisions based on a revised letting date of November 2010 . Labor = twenty-four (24) 8 . Update the final Engineer' s Opinion of Probable Construction Cost and Estimate of Time. Labor = eight (8) hours B. Meetings and Coordination Two (2) people will attend the following meeting: 1 . One ( 1 ) meeting with CLIENT (four (4) hours) ; and General coordination will also be conducted throughout the remainder of the project with the CLIENT and IDOT. This item includes, but is not limited to : letters, telephone, e-mail correspondence, and filling of information. This item also includes preparation of meeting minutes and distribution to meeting attendees . I C. Administration This item includes project management and general administrative tasks associated with oversight and monthly billing for the additional services . Mr. Joseph Wywrot United City of Yorkville Game Farm Road/Somonauk Street Supplement No. 2 Job No. : YORK-040098.04 September 20, 2010 Page 5 of 12 D . Deliverables Deliverables included in this supplement are: 1 . Roadway, traffic signal, and drainage plans and specifications ; 2 . Water main and sanitary sewer plans and specifications; 3 . Illinois Environmental Protection Agency (IEPA) Water and Sanitary Sewer Main Construction Permit Application; and 4. Updated Engineer' s Opinion of Probable Construction Cost and Estimate of Time. The plans, specifications, and estimates will be revised and submitted to IDOT for review and approval . It is assumed that only one ( 1 ) submittal will be required to obtain IDOT approval . Mr. Joseph Wywrot United City of Yorkville Game Farm Road/Somonauk Street Supplement No. 2 Job No. : YORK-040098.04 September 20, 2010 Page 6 of 12 IV. Terms and Coit0flonts The following Terms and Conditions are incorporated into this AGREEMENT and made a part of it. Standard of Care Services provided by COMPANY under this AGREEMENT will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. Entire Agreement This Agreement, and its attachments , constitutes the entire understanding between CLIENT and COMPANY relating to professional engineering services. Any prior or contemporaneous agreements , promises, negotiations, or representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this Agreement shall be in writing and signed by the parties to this Agreement. If the CLIENT, its officers, agents, or employees request COMPANY to perform extra work or services pursuant to this Agreement, CLIENT will pay for the additional services even though an additional written Agreement is not issued or signed . Time Limit and Commencement of Work This AGREEMENT must be executed within ninety (90) days to be accepted under the terms set forth herein . The work will be commenced immediately upon receipt of this signed Agreement. Suspension of Services If the Project or the COMPANY'S services are suspended by the CLIENT for more than thirty (30) calendar days , consecutive or in the aggregate , over the term of this Agreement, the COMPANY shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension . In addition , upon resumption of services, the CLIENT shall compensate the COMPANY for expenses incurred as a result of the suspension and resumption of its services , and the COMPANY' S schedule and fees for the remainder of the Project shall be equitably adjusted . If the COMPANY'S services are suspended for more than ninety (90) days, consecutive or in the aggregate, the COMPANY may terminate this Agreement upon giving not less than five (5) calendar days' written notice to the CLIENT. If the CLIENT is in breach of this Agreement, the COMPANY may suspend performance of services upon five (5) calendar days' . notice to the CLIENT. The COMPANY shall have no liability to the CLIENT, and the CLIENT agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by the CLIENT. Upon receipt of payment in full of all outstanding sums due from the CLIENT, or curing of such other breach which caused the COMPANY to suspend services, the COMPANY shall resume services and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension . Book of Account COMPANY will maintain books and accounts of payroll costs, travel , subsistence , field , and incidental expenses for a period of five (5 ) years. Said books and accounts will be available at all reasonable times for examination by CLIENT at the corporate office of COMPANY during that time. Insurance COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General Liability and Automobile claims for bodily injury, death , or property damage arising from the negligent performance by COMPANY's employees of the functions and services required under this Agreement. Mr. Joseph Wywrot United City of Yorkville Game Farm Road/Somonauk Street Supplement No. 2 Job No. : YORK-040098 .04 September 20, 2010 Page 7 of 12 Termination or Abandonment Either party has the option to terminate this Agreement. In the event of failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, then the obligation to provide further services under this Agreement may be terminated upon seven days written notice . If any portion of the work is terminated or abandoned by CLIENT, the provisions of this Schedule of Fees and Conditions in regard to compensation and payment shall apply insofar as possible to that portion of the work not terminated or abandoned . If said termination occurs prior to completion of any phase of the project, the fee for services performed during such phase shall be based on COMPANY's reasonable estimate of the portion of such phase completed prior to said termination , plus a reasonable amount to reimburse COMPANY for termination costs. Waiver COMPANY's waiver of any term , condition , or covenant or breach of any term , condition , or covenant, shall not constitute a waiver of any other term , condition , or covenant, or the breach thereof. Severability If any provision of this Agreement is declared invalid , illegal , or incapable of being enforced by any Court of competent jurisdiction , all of the remaining provisions of this Agreement shall nevertheless continue in full force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein. Successors and Assigns All of the terms, conditions, and provisions hereof shall inure to the benefit of and be binding upon the parties hereto , and their respective successors and assigns, provided , however, that no assignment of this Agreement shall be made without written consent of the parties to this Agreement. Third-Party Beneflciaries Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the COMPANY. The COMPANY's services under this Agreement are being performed solely for the CLIENT's benefit, and no other party or entity shall have any claim against the COMPANY because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants , vendors and other entities involved in this project to carry out the intent of this provision . Governing Law and Jurisdiction The CLIENT and the COMPANY agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of Iowa without regard to any conflict of laws provisions, which may apply the laws of other jurisdictions. j It is further agreed that any legal action between the CLIENT and the COMPANY arising out of this Agreement or the performance of the services shall be brought in a court of competent jurisdiction in the State of Iowa . Dispute Resolution Mediation . In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and COMPANY agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non-binding mediation unless the parties mutually agree otherwise . The CLIENT and COMPANY further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub-consultants, suppliers or fabricators so retained , thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. Arbitration . In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of the services under this Agreement, involving an amount of less than $50 ,000 , in Mediation , then such Mr. Joseph Wywrot United City of Yorkville Game Farm Road/Somonauk Street Supplement No. 2 Job No. : YORK-040098.04 September 20, 2010 Page 8of12 disputes shall be settled by binding arbitration by an arbitrator to be mutually agreed upon by the parties, and shall proceed in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. If the parties cannot agree on a single arbitrator, then the arbitrator(s) shall be selected in accordance with the above-referenced rules. Attorney's Fees If litigation arises for purposes of collecting fees or expenses due under this Agreement, the Court in such litigation shall award reasonable costs and expenses, including attorney fees, to the party justly entitled thereto. In awarding attorney fees, the Court shall not be bound by any Court fee schedule , but shall , in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith . Ownership of Instruments of Service All reports, plans, specifications, field data , field notes, laboratory test data , calculations, estimates and other documents including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY. COMPANY shall retain these records for a period of five (5 ) years following completion/submission of the records, during which period they will be made available to the CLIENT at all reasonable times. Reuse of Documents All project documents including , but not limited to, plans and specifications furnished by COMPANY under this project are intended for use on this project only. Any reuse , without specific written verification or adoption by COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend , indemnify and hold harmless COMPANY from all claims, damages and expenses including attorney's fees arising out of or resulting therefrom . Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the COMPANY, and the COMPANY makes no warranties, either express or implied , of merchantability and fitness for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT's use or reuse of the electronic files. Failure to Abide by Design Documents or To Obtain Guidance The CLIENT agrees that it would be unfair to hold COMPANY liable for problems that might occur should COMPANY'S plans , specifications or design intents not be followed , or for problems resulting from others' failure to obtain and/or follow COMPANY'S guidance with respect to any errors , omissions , inconsistencies , ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing COMPANY' S plans, specifications or other instruments of service. Accordingly, the CLIENT waives any claim against COMPANY, and agrees to defend , indemnify and hold COMPANY harmless from any claim for injury or losses that results from failure to follow COMPANY'S plans, specifications or design intent, or for failure to obtain and/or follow COMPANY'S guidance with respect to any alleged errors , omissions , inconsistencies , ambiguities or conflicts contained within or arising as a result of implementing COMPANY'S plans , specifications or other instruments of services. The CLIENT also agrees to compensate COMPANY for any time spent and expenses incurred remedying CLIENT's failures according to COMPANY'S prevailing fee schedule and expense reimbursement policy. Opinion of Probable Construction Cost COMPANY shall submit to the CLIENT an opinion of probable cost required to construct work recommended , designed , or specified by COMPANY, if required by CLIENT. COMPANY is not a construction cost estimator or construction contractor, nor should COMPANY'S rendering an opinion of probable construction costs be considered equivalent to the nature and extent of service a construction cost estimator or construction contractor would provide . This requires COMPANY to make a number of assumptions as to actual conditions that will be encountered on site ; the specific decisions of other design professionals engaged ; the means and methods of construction the contractor will employ; the cost and extent of labor, equipment and materials the contractor will employ; contractor's techniques in determining prices and market conditions at the time, and other factors over which COMPANY has no control . Given the assumptions which must be made , COMPANY cannot guarantee the accuracy of his or her opinions of cost, and in recognition of that fact, the CLIENT Mr. Joseph Wywrot United City of Yorkville Game Farm Road/Somonauk Street Supplement No. 2 Job No. : YORK-040098.04 September 20, 2010 Page 9 of 12 waives any claim against COMPANY relative to the accuracy of COMPANY' S opinion of probable construction cost. Design Information in Electronic Form Because electronic file information can be easily altered , corrupted , or modified by other parties , either intentionally or inadvertently, without notice or indication , COMPANY reserves the right to remove itself from of its ownership and/or involvement in the material from each electronic medium not held in its possession . CLIENT shall retain copies of the work performed by COMPANY in electronic form only for information and use by CLIENT for the specific purpose for which COMPANY was engaged . Said material shall not be used by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by COMPANY without COMPANY' s expressed written permission . Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. Furthermore, the CLIENT agrees to defend , indemnify, and hold COMPANY harmless from all claims, injuries, damages, losses, expenses, and attorney's fees arising out of the modification or reuse of these materials. The CLIENT recognizes that designs, plans, and data stored on electronic media including , but not limited to computer disk, magnetic tape , or files transferred via email , may be subject to undetectable alteration and/or uncontrollable deterioration . The CLIENT, therefore, agrees that COMPANY shall not be liable for the completeness or accuracy of any materials provided on electronic media after a 30 day inspection period , during which time COMPANY shall correct any errors detected by the CLIENT to complete the design in accordance with the intent of the contract and specifications . After 40 days , at the request of the CLIENT, COMPANY shall submit a final set of sealed drawings, and any additional services to be performed by COMPANY relative to the submitted electronic materials shall be subject to separate AGREEMENT. The CLIENT is aware that differences may exist between the electronic files delivered and the printed hard-copy construction documents. In the event of a conflict between the signed construction documents prepared by the COMPANY and electronic files , the signed or sealed hard-copy construction documents shall govern . Information Provided by Others The CLIENT shall furnish , at the CLIENT's expense , all information , requirements , reports , data , surveys and instructions required by this AGREEMENT. The COMPANY may use such information , requirements, reports, data , surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. The COMPANY shall not be held responsible for any errors or omissions that may arise as a result of erroneous or incomplete information provided by the CLIENT and/or the CLIENT's consultants and contractors. COMPANY is not responsible for accuracy of any plans, surveys or information of any type including electronic media prepared by any other consultants, etc. provided to COMPANY for use in preparation of plans. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the COMPANY from any damages , liabilities , or costs , including reasonable attorneys' fees and defense costs , arising out of or connected in any way with the services performed by other consultants engaged by the CLIENT. COMPANY is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this contract unless indicated in the Scope of Work. Force Majeure The CLIENT agrees that the COMPANY is not responsible for damages arising directly or indirectly from any delays for causes beyond the COMPANY YIs control . CLIENT agrees to defend, indemnify, and hold COMPANY, its consultants, agents, and employees harmless from any and all liability, other than that caused by the negligent acts, errors , or omissions of COMPANY, arising out of or resulting from the same. For purposes of this Agreement, such causes include , but are not limited to , strikes or other labor disputes; severe weather disruptions or other natural disasters or acts of God ; fires, riots, war or other emergencies; failure of any government agency to act in timely manner; failure of performance by the CLIENT or the CLIENT'S contractors or consultants; or discovery of any hazardous substances or differing site conditions. Severe weather disruptions include but are not limited to extensive rain , high winds, snow greater than two (2) inches and ice. In addition , if the delays resulting from any such causes increase the cost or time required by the Mr. Joseph Wywrot United City of Yorkville Game Farm Road/Somonauk Street Supplement No. 2 Job No. : YORK-040098.04 September 20, 2010 Page 10 of 12 COMPANY to perform its services in an orderly and efficient manner, the COMPANY shall be entitled to a reasonable adjustment in schedule and compensation . Job Site Visits and Safety Neither the professional activities of COMPANY , nor the presence of COMPANY' S employees and subconsultants at a construction site , shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including , but not limited to, construction means, methods , sequence, techniques or procedures necessary for performing , superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. COMPANY and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's AGREEMENT with the General Contractor. The CLIENT also agrees that the CLIENT, COMPANY and COMPANY'S consultants shall be indemnified and shall be made additional insureds on the General Contractor's and all subcontractor's general liability policies on a primary and non-contributory basis. Hazardous Materials CLIENT hereby understands and agrees that COMPANY has not created nor contributed to the creation or existence of any or all types of hazardous or toxic wastes, materials, chemical compounds, or substances, or any other type of environmental hazard or pollution , whether latent or patent, at CLIENT's premises, or in connection with or related to this project with respect to which COMPANY has been retained to provide professional engineering services. The compensation to be paid COMPANY for said professional engineering services is in no way commensurate with , and has not been calculated with reference to, the potential risk of injury or loss which may be caused by the exposure of persons or property to such substances or conditions. Therefore , to the fullest extent permitted by law, CLIENT agrees to defend , indemnify, and hold COMPANY, its officers, directors, employees, and consultants, harmless from and against any and all claims, damages , and expenses, whether direct, indirect, or consequential , including , but not limited to, attorney fees and Court costs, arising out of, or resulting from the discharge, escape, release , or saturation of smoke , vapors, soot, fumes, acid , alkalies, toxic chemicals, liquids gases, or any other materials, irritants, contaminants , or pollutants in or into the atmosphere, or on , onto, upon , in , or into the surface or subsurface of soil, water, or watercourses, objects, or any tangible or intangible matter, whether sudden or not. It is acknowledged by both parties that COMPANY'S scope of. services does not include any services related to asbestos or hazardous or toxic materials. In the event COMPANY or any other party encounters asbestos or hazardous or toxic materials at the job site, or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of COMPANY'S services , COMPANY may, at its option and without liability for consequential or any other damages, suspend performance of services on the project until the CLIENT retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or remove the asbestos or hazardous or toxic materials, and warrants that the job site is in full compliance with applicable laws and regulations. Nothing contained within this Agreement shall be construed or interpreted as requiring COMPANY to assume the status of a generator, storer, transporter, treater, or disposal facility as those terms appear within the Resource Conservation and Recovery Act, 42 U .S .C .A. , §6901 et seq . , as amended , or within any State statute governing the generation , treatment, storage , and disposal of waste . Certificate of Merit The CLIENT shall make no claim for professional negligence , either directly or in a third party claim , against COMPANY unless the CLIENT has first provided COMPANY with a written certification executed by an independent design professional currently practicing in the same discipline as COMPANY and licensed in the State in which the claim arises. This certification shall : a) contain the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a Design Professional performing professional services under similar circumstances; and c) state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation . This certificate shall be provided to COMPANY not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any judicial proceeding . I Mr. Joseph Wywrot United City of Yorkville Game Farm Road/Somonauk Street Supplement No. 2 Job No. : YORK-040098.04 September 20, 2010 Page 1 l of 12 Limitation of Liability The CLIENT agrees , to the fullest extent permitted by law, to limit the liability of COMPANY and COMPANY's officers, directors , partners, employees, shareholders, owners and subconsultants to the CLIENT for any and all claims, losses , costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness fees and costs , so that the total aggregate liability of COMPANY and its officers, directors, partners, employees, shareholders, owners and subconsultants to all those named shall not exceed COMPANY'S total fee received for services rendered on this project or $50 ,000.00 , whichever is less . It is intended that this limitation apply to any and all liability or cause of action however alleged or arising , unless otherwise prohibited by law. Drywells, Underdrains and Other Infiltration Devices Services provided by COMPANY under this AGREEMENT do NOT include the geotechnical design of drywells, underdrains , injection wells or any other item that may be devised for the purpose of removing water from the CLIENT'S property by infiltration into the ground . Due to the high variability of soil types and conditions such devices will not be reliable in all cases. While for this reason COMPANY does not recommend the use of these devices, in some cases their use may be necessary to obtain an adequate amount of area for development on the CLIENT' S property. Since the use of these devices is intended to enhance the value of the CLIENT' S property and , in some cases , allow development that would otherwise not be possible , the CLIENT will assume all risks inherent in the design and construction of these devices, unless the contractor or a Geotechnical Engineer assumes these risks. Typical risks include but are not limited to : • Failure to obtain the required release rate; • Variability of the soils encountered during construction from those encountered in soil borings. (Soils can vary widely over a small change in location, horizontal or vertical, particularly with regards to permeability); • Failure of the device due to siltation, poor construction or changes in the water table; • Need to obtain additional soils information (i .e. borings etc.) to evaluate the function of installed devices; • Reconstruction of failed or inadequate devices; • Enlargement of detention/ retention facilities to make up for release rates that are lower than those used in the stormwater design, including engineering design and additional land required for such enlargement; and • Regular-maintenance to remove accumulated silt over the device' s life span. If the use of these devices is required COMPANY will advise the CLIENT that a Geotechnical Engineer must be retained to consult on the project. The CLIENT must enter into a separate agreement directly with this consultant. They will not be sub-contracted through COMPANY nor are their fees included as part of this AGREEMENT. COMPANY will work together with this consultant to obtain a final design . Our collaboration may include the use of a common standard detail or the creation of a new standard detail . COMPANY may make suggestions to the Geotechnical Engineer on ways to tailor these devices to meet the needs of the overall site design . The Geotechnical Engineer. will evaluate these suggested details and modifications based on his experience and measured soils information to estimate the release rate for each detail considered . COMPANY may use a release rate of these devices as provided by the Geotechnical Engineer for the design of the stormwater system . This rate may be faxed to us, as a draft copy of the Geotechnical Engineers report or as a final copy of that report. In no case will COMPANY accept responsibility for the determination of the expected release rate of these devices. If certification of the contractor's construction of these devices is required by the municipality or desired by the CLIENT a Geotechnical Engineer must also be obtained for these services. This is highly recommended in order to observe the actual soils where the devices are being constructed and to verify that the construction methods used do not violate any assumptions made by the Geotechnical Engineer during the design and evaluation of the standard detail. If a Geotechnical Engineer is not retained by the CLIENT to provide construction review, the CLIENT shall assume all risks that the devices may. fail requiring additional geotechnical investigation or reconstruction and shall defend , indemnify and hold harmless COMPANY from all claims, damages and expenses including attorney's fees arising out of or resulting therefrom . Any construction observation services provided by COMPANY shall not include these devices . I I Mr. Joseph Wywrot United City of Yorkville Game Farm Road/Somonauk Street Supplement No. 2 Job No. : YORK-040098.04 September 20, 2010 Page 12 of 12 Design Without Construction Observation It is agreed that the professional services of COMPANY do not extend to or include the review or site observation of the contractor's work or performance and the CLIENT assumes all responsibility for interpretation of the contract documents and for construction observation . It is further agreed that the CLIENT will defend , indemnify and hold harmless COMPANY from any claim or suit whatsoever, including but not limited to all payments, expenses or costs involved , arising from the contractor's performance or the failure of the contractor's work to conform to the design intent and the contract documents. COMPANY agrees to be responsible for its employees negligent acts, errors or omissions. If the CLIENT desires more extensive project observation or full-time project representation, the CLIENT shall request in writing such services be provided by COMPANY as Additional Services in accordance with the terms of the Agreement. This AGREEMENT is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the AGREEMENT. Work cannot begin until COMPANY receives a signed agreement. The effective date of the AGREEMENT shall be the last date entered below. Sincerely, SEC GROUP, INC . AN HR GREEN COMPANY Glenn Tredinnick, P .E. Technical Advisor �,____� Approved by: r rr Printed/Typed Name: Peter Huinker, PE. Title : Site Manager Date: CLIENT NAME Accepted by: Printed/Typed Name : Valerie Burd Title: Mayor Date: i \\Hrgyvnas\Data\040098.04\administration\supplements\Supplement#2\pro-092010-Supplement #2 Revised.docx C/ T O Reviewed By: Agenda Item Number J Legal ❑ Finance EST. , 1836 Engineer J, �/� �_ Tracking Number � y City Administrator ❑ Consultant ❑❑ SCE Agenda Item Summary Memo Title : Cozy Corner Subdivision — Final Acceptance and Bond/LOC Reduction Meeting and Date : October 19, 2010 Public Works Committee Synopsis : Recommend final approval/acceptance of the Cozy Corner subdivision, and reductions to the corresponding bond and letter of credit. Council Action Previously Taken : Date of Action: Action Taken: Item Number: Type of Vote Required : Majority Council Action Requested : Approval j I Submitted by : Joe Wywrot Engineering Name Department Agenda Item Notes : i Memorandum EST, 1836 To : Bart Olson, City Administrat r \ From : Joe Wywrot, City Engineer L 2p� CC : Lisa Pickering, Deputy City 1 rk ' <<E ��'v` Date: September 17 2010 Subject: Cozy Corner Subdivision — Final Acceptance & Bond/ Letter of Credit Reduction The punchlist for the Cozy Corner development is complete. This development is located at the southeast corner of Route 47 and Route 126, and consists of a. multi-tenant commercial building and one outlot developed with a bank building. We have also received the Bill of Sale for watermain and public sidewalk. Corresponding to final acceptance is a reduction to the existing bond and letter of credit. I recommend that Developers Surety & Indemnity Company Bond #7183975 be reduced by the amount of $ 36, 842 . 52 . The remaining bond amount would be $9450 . 98 . I also recommend that Old Second Bank Letter of Credit #305000082 be reduced by the amount of $ 30,625 . 88 . The remaining LOC amount would be $92,711 . 35 . Please refer to the attachments for details . Both the bond and LOC would remain in effect through the end of the one-year warranty period. I recommend that the land improvements for the Cozy Corner subdivision be approved, that the public improvements of watermain and sidewalk be accepted by the city for ownership and maintenance, and that the corresponding bond and letter of credit reduction mentioned above be approved. Please place this item on the October 19, 2010 Public Works Committee agenda for consideration. i i I City of Yorkville 17-Sep-10 Letter of Credit/Bond Reduction -�,A--...�-rte..,-�, -�------ —,---�-- - -- Subdivision: Cozy Comer Subddivision - 'Sitewark h Date of last bond/LOC adjustment: Dec-06 , Reduction No. Z �� � � 01 -CC Index for date of last adjustment: X7888 ' Bond/LOC No. Old Second Bank LOIC� 3050'tl0$2'� " 1 Current ENR-CC Index: 8857 LOC/Bond Approved Original amount LOC/Bond Amt. Amount complete prior Amount of Amount to remain Item Eng. Est. for LOC/Bond _Prior to Reduction No.2 to Reduction No.2 Reduction No.2 after Red. No.2 Earthwork $9,750.00 $10, 725.00 i,,, ' ^ $1 ,462.50 $9,750.00 -$727.05 $2, 189.55 San. Sewer $97264.00 $10, 190.40 ', $'1 ,389.60 $9,264.00 -$690.81 $2,080.41 Watermain $107,317.00 $118,048. 70 ' 'u ' $15;097.55: $1077317.00 -$8,002.52 $24, 100.07 Storm Sewer $94, 165.00 $103,581 .50 „ ', $14;124.75 ' $94, 165.00 -$77021 .79 $21 , 146.54 Pavement $2125244.45 $233,468.90 $54, 140.63 $2127244.45 $6,477. 11 $47,663.52 Roadwork ROW $261158.50 $287774.35 1 JL $3119241.25 $26, 158.50 -$11950. 14 $5,874.39 Landscaping $74,675.50 $82, 143.05 ' $82, 143.05 $747675.50 $65,373.25 $16,769.80 Miscellaneous $37, 835.00 $41 ,618.50 $Z2'.50'6.88`I $37.835.00 $14,010.31 $8,496.57 Sub-total $5712409.45 $628,550.40 $195,789.21 $571 ,409.45 $6711468.38 $128,320.83 Minus Earthwork $42,085.00 $46,293.50 $36,842.52 $9,450.98 existing bond amt. Minus IDOT ROW $267158.50 $265158.50 $0.00 $26, 158.50 existing bond amt. Total $5037165.95 $12311337.21 $30, 625.86 $92, 711 .35 required bond/LOC 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. City of Yorkville 11, 7-Sep-10 Letter of Credit/Bond Reduction Subdivision : Cory Corner Subdivision Earthwork Date of original bond/LOC Dec 06' Reduction No, I 1 ENR-CC Index for date of original bond/LOC: 788'8 Bond/LOC No . Developer's Surety B< Intieninit�i Co " .'Bond .#718397S I Current ENR-CC Index: 8857 LOC/Bond Approved Original amount Amount complete prior Amount of Amount to remain Item _ Eng . Est. for LOC/Bond to Reduction No. 1 Reduction No. 1 after Red . No. 1 Earthwork $9 1 $ 101725.00711 :11 $99760 ,00�1 $8, 535.45 $2, 189 .55 Erosion Control $7, 335.001 $87068. 50 $7,335 .00 $6,421 .29 $ 1 , 647.21 Environmental Protection $259000A0 ', $277500 .00 $25,000 .00 $21 ,885 .78 $5, 614 .22 Totals $42,085.00 $46, 293.50 $42 ,085 .00 $36 ,842 . 52 $9,450 .98 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. C/T o Reviewed By: Agenda Item Number J Legal ❑ -Jtj � EST , - 1836 Finance ❑ 0 t1\c Engineer �- ' Tracking Number City Administrator ❑ Consultant ❑❑ W c9 DI p 7 <CE Agenda Item Summary Memo Title : Cornerstone — Potential Bond Reduction #3 Meeting and Date : October 19, 2010 Public Works Committee Synopsis : The Cornerstone developer has requested bond reductions. Staff does not support the reductions . Council Action Previously Taken : Date of Action : Action Taken : Item Number : Type of Vote Required : Majority Council Action Requested : Denial I Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes : C11* 0 Memorandum EST. __ 1836 To : Bart Olson, City Administrat From : Joe Wywrot, City Engineer CC : Lisa Pickering, Deputy City 1 k <kE Date : October 14, 2010 Subject: Cornerstone — Potential Bond Reduction #3 Attached find a request from the developer' s consultant for reductions to the two existing bonds for the Cornerstone (a.k. a. Briarwood) development. The requests are to release the earthwork bond and to remove public sidewalk and parkway trees from the sitework bond. The developer has stated that he is in a difficult financial position and reducing the bonds would help him keep the development and eventually complete the work. The bond reductions would be as follows : Bond Description Current Amount Developer Requested Amount Earthwork $ 139,678 .41 $ 0 . 00 Sitework $ 3375898 . 08 $217, 106 . 72 Our current bond reduction policy is to retain 20% of the value of substantially completed items and 110% of uncompleted items, and to also apply an inflation factor based on the Engineering News Record Construction Cost Index . While sidewalks and parkway trees are commonly constructed/planted by the builders of individual lots, they are land improvements and therefore we hold the developer responsible for their completion and any punchlist work associated with them . The developer' s request deviates from our policy in the following ways : 1 . Requests release of the earthwork bond. We treat earthwork as a land improvement because it includes excavation of the stormwater basins and the major storm drainage paths through the development. The earthwork bond also includes erosion and sediment control, which we normally don't drop below the 50% level until final acceptance. The landscaping for the existing basins have not been maintained and will require substantial restoration effort. 2 . While there is precedent for shifting the responsibility for sidewalk and parkway trees to the builders of individual lots, but I do not recommend that we do so . The tracking effort for these bonds would be substantial, and we would have no bond at all until the lot is actually built out. 3 . Reduces retained amount for substantially completed items to 15 %. 4 . Does not use the inflation factor. Attached find a theoretical "reduction" calculation for both the earthwork and sitework bonds using our current reduction methodology and keeping earthwork, erosion/sediment control, parkway trees, and public sidewalks covered by the bonds . They indicate that the bonds should actually be increased rather than decreased . This is because the most recent reduction (in 2008) used our old methodology, which retained 15 % and did not use an inflation factor. I recommend that release/reduction of the bonds as requested by the developer be denied. While I appreciate the developer' s position, the city' s position needs to be protected. Please place this item on the October 19, 2010 Public Works Committee agenda for consideration. II'I i SEC Group, Inc . An HR Green Company October 12, 2010 Mr. Joseph Wywrot City Engineer United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Re: Cornerstone (a.k. a. Briarwood) Subdivision Job No . : 030978 Dear Mr, Wywrot : I have received your letter of August 11 , 2010 and have the following responses to that letter: Comment: We have re-inspected the development and found that, while some work has been completed, most punchlist items remain. The remaining punchlist includes items such as raising or lowering of structure rims, locating buried structures, completion of paving, and landscaping. Response: Many of the punchlist items were completed last winter. We have received a copy of the current punchlist costs from Steve Werner and have attached associated costs for your reference. Comment: The proposed record drawings have been received, but the punchlist work will result in several new structure elevations that will require revisions to the drawings, .j therefore these record drawings have not been reviewed in detail , although I did check the pond grading. It appears that Basins B and C have adequate live storage volume, but the safety shelf for Basin C needs to be graded. Response: We have revised the record drawings to reflect the grades shot based on the surveyors information, there was an error in the generation of the contours. Comment: For Basin A, inadequate information exists regarding the 685 contour to determine if adequate volume exists . Response: We have added additional data to the plans to show the elevations and volume for basin A. This property is also no longer owned by the devleper. progress. innovation. expertise. 651 Prairie Pointe Drive, Suite 201 Yorkville, IL 60560 Phone: 630.553.7560 Fax: 630.553.7646 www.secgroupinc.com Mr. Joseph Wywrot j United City of Yorkville Cornerstone (a.k.a. Briarwood) Subdivision Job No. : 030978 October 12, 2010 Page 2 Comment: In addition, curtain walls have yet to be constructed for any basin, and spot elevations for the major storm overflow paths have not been provided. Response: The curtain walls are proposed to be included in the remaining construction cost for the bond. The majority of the overflow routes have not been final graded due to lack of completion of the lots. This information will be provided at time of permit for each individual lot once constructed. Comment : There are several depressions within the site that need to be re-graded, and the black dirt stockpile has disappeared. For these reasons and the fact that earthwork is considered a land improvement just like utilities and paving, I cannot recommend a release of the earthwork bond. Response: The mass grading for the lots have been completed, the detail showing the grading template is on sheet no. 12 as approved in the final engineering drawings. Based on this detail, it was assumed that there would be "pockets of standing water until time of construction of homes . Comment: I also reviewed the current status of the bonds for Cornerstone. The bonds have already been reduced as much as possible given the amount of work performed to date. Response: I have attached a new spreadsheet outlining the requested reduction. It is our goal to have the mass grading bond approved and any remaining punchlist items added to the public improvement bond. We would also request that the sidewalk and street trees be removed from the bond amount since it is controlled and required for the building permit. If you have any questions regarding this matter, please call me at (630) 708-5003 . Thank you. Sincerely, SEC.,CIJP , INC . AN HR GREEN COMPANY Peter J . Huinker, P .E. Site Manger PJH/pag cc: Jerry Dill \\llrgyvnas\data\SEC\YorkData lUobs\Smith\2003\030978-Comer stone\coirespondence\letteis\CommentResponsel01110.doc JOB NAME:CORNERSTONE SUBDIVISION(RESIDENTIAL) TRIA 030978-03 LOCATION: UNITED CITY OF YORKVILLE LOC REDUCTION REQUEST CALC BY:GEK PREPARED BY SEC Group,INC. CHK BY:PJH 10/12/2010 ONSITE IMPROVEMENTS PAY ITEM UNITS UNIT COST QUANTITY TOTAL COST 1 --%.COMPLETE I QUANTITY TOTAL_ I _TOTAL ROADWAY CONSTRUCTION COMPLETE r COMPLETE REMAINING P .C.C.SIDEWALK a W1TH 2".AGG SUBBASE(W THRU DRIVE WITH S"AGG.-`.�UBB4 SQ.FT.IS_ 2.95 1 29.350-916 86,585.16 17.01yd 4590:0 $ 14720.x0 1$ 71AA.06 COMBINATION CONCRETE CURB AND GUTTER,TYPE B-6.12 FOOT $ 7.75 4,969.4 $ 38,512.93 100.0% 4969.4 $ 38,512.93 $ AGGREGATE BASE COURSE MATERIAL(CA-6), 10"TYPE B OR APPROVED EQUA SQ.YD. $ 7.00 8,548.3 $ 59,838.31 100.0% 8548.3 $ 59,838.31 $ BITUMINOUS MATERIALS PRIME COAT,MC-30 GAL 1$ 1.20 2,991.9 $ 3,590.30 100.0% 2991.9 $ 3,590.30 $ BITUMINOUS CONCRETE BINDER COURSE CL 1,MIXTURE B, 2.5" SO.YD.1$ 4.70 8,548.3 $ 40,177.15 100.0% 8548.31$ 40,177.15 $ BITOMINOUS CONCRETE SURFACE COURSE.MIXTURE C LL I. 1.5' _ SO.YD. ± 3.10 3. 48.3 $ 26,494.82 0',od'. 0.01 S - $ 26,499.82 AGGREGATE BASE COURSE CRUSHED STONE CA-6,TYPE B 3.5" SQ.YD. $ 2.50 1,380.4 $ 3,450.98 100.0% 1380.4 $ 3,450.98 $ AMOCO 4551 GEOTEXTILE FABRIC OR EQUAL SQ.YD. $ 1.25 8,548.3 $ 10,685.41 100.0% 8548.31$ 10,685.41 $ Sub-Total $ 269,340.06 $ 170,975.58 $98,364.48 ONSITE IMPROVEMENTS PAY ITEM UNIT UNIT COST QUANTITY TOTAL COST %COMPLETE QUANTITY TOTAL TOTAL STORM SEWER CONSTRUCTION COMPLETE COMPLETE REMAINING STONE RIPRAP,CLASS A3 SQ.YD. $ 48.00 42.0 $ 2,016.00 100.0% 42.0 $ 2,016.00 $ TRENCH BACKFILL CY $ 25.00 194.7 $ 4,867.75 100.0% 194.7 $ 4,867.75 $ STORM SEWERS,CLASS A,TYPE 2,12' FOOT $ 18.00 1,498.0 $ 26,964.00 100.0% 1498.0 $ 26,964.00 $ STORM SEWERS,CLASS A,TYPE 2,15' FOOT $ 19.25 1,400.0 $ 26,950.00 100.0% 1400.0 $ 26,950.00 $ STORM SEWERS,CLASS A,TYPE 2,18' FOOT $ 23.50 479.0 $ 11,256.50 100.0% 479.0 $ 11,256.50 $ STORM SEWERS,CLASS A,TYPE 2,21" FOOT 1$ 26.00 310.0 $ 8,060.00 100.0% 310.0 $ 8,060.00 $ STORM SEWERS,CLASS A,TYPE 2,24' FOOT $ 30.00 441.0 $ 13,230.00 100.0% 441.0 $ 13,230.00 $ STORM SEWERS,CLASS A,TYPE 2,30' FOOT $ 32.50 524.0 $ 17,030.00 100.0% 524.0 $ 17,030.00 $ CATCH BASINS,TYPE A 4'DIAMETER,TYPE 11 FRAME AND GRATE EACH $ 1,250.00 13.0 $ 16,250.00 100.0% 13.0 $ 16,250.00 $ CATCH BASINS,TYPE A 4'DIAMETER,TYPE 8 GRATE EACH $ 1,150.00 2.0 $ 2,300.00 100.0% 2.0 $ 2,300.00 $ CATCH BASINS, 2'DIAMETER,TYPE 8 GRATE EACH $ 850.00 6.0 $ 5,100.00 100.0% 6.0 $ 5,100.00 $ INLETS,TYPE A 2'DIA,TYPE 8 GRATE EACH $ 800.00 6.0 $ 4,800.00 100.0% 6.0 $ 4,800.00 $ INLETS,TYPE A 2'DIA,TYPE 11 FRAME AND GRATE EACH $ 850.00 10.0 $ 8,500.00 100.0% 10.0 $ 8,500.00 $ PRECAST REINFORCED CONCRETE FLARED END SECTIONS 12"W/GRATE EACH $ 500.00 1.0 $ 500.00 100.0% 1.0 $ 500.00 $ PRECAST REINFORCED CONCRETE FLARED END SECTIONS 15"W/GRATE EACH $ 700.00 1.0 $ 700.00 100.0% 1.0 $ 700.00 $ PRECAST REINFORCED CONCRETE FLARED END SECTIONS 18"W/GRATE EACH $ 800.00 2.0 $ 1,600.00 100.0% 2.0 $ 1,600.00 $ PRECAST REINFORCED CONCRETE FLARED END SECTIONS 24"W/GRATE EACH $ 1,000.00 2.0 $ 2,000.00 100.0% 2.0 $ 2,000.00 $ PRECAST REINFORCED CONCRETE FLARED END SECTIONS 27"W/GRATE EACH $ 1,300.00 1.0 $ 1,300.00 100.0% 1.0 $ 1,300.00 $ MANHOLES,TYPE A,4'DIAMETER,TYPE 8 GRATE EACH $ 1,200.00 7.0 $ 8,400.00 100.0% 7.0 $ 8,400.00 $ MANHOLES,TYPE A,4'DIAMETER,TYPE 1 FRAME CLOSED LID EACH $ 1,200.00 6.0 $ 7,200.00 100.0% 6.0 $ 7,200.00 $ MANHOLES,TYPE A,5'DIAMETER,TYPE 8 GRATE EACH 1$ 1,400.00 4.0 $ 5,600.00 100.0% 4.0 $ 5,600.00 $ MANHOLES,TYPE A,5'DIAMETER,TYPE 1 FRAME OPEN LID EACH $ 1,400.00 1 3.0 $ 4,200.00 100.0%1 3.0 $ 4,200.00 $ MANHOLES,TYPE A,5'DIAMETER,TYPE 1 FRAME CLOSED LID EACH $ 1,400.00 6.0 $ 8,400.00 1 100.0% 6.0 $ 8,400.00 $ MANHOLES,TYPE A,6'DIAMETER,TYPE 1 FRAME CLOSED LID W/RESTRICTOR EACH $ 1,800.00 2.0 $ 3,600.00 1 100.0%1 2.0 $ 3,600.00 $ Sub-Total 1 $ 190,824.25 1 1 1$ 190,824.25 $ ONSITE IMPROVEMENTS PAY ITEM UNIT UNIT COST QUANTITY TOTAL COST %COMPLETE QUANTITY TOTAL TOTAL WATER MAI'V CONSTRUCTION COMPLETE COMPLETE REMAINING TRENCH BACKFILL CY $ 25.00 165.1 $ 4,126.25 100.0% 165.1 $ 4,126.25 $ 8-INCH WATER MAIN FOOT $ 22.00 2,836.0 $ 62,392.00 100.0% 2836.0 $ 62,392.00 $ FIRE HYDRANTS EACH $ 2,200.00 9.0 $ 19,800.00 100.0% 9.0 $ 19,800.00 $ 8"VALVE AND VALVE BOX EACH $ 950.00 3.0 $ 2,850.00 100.0% 3.0 $ 2,850.00 $ 5'DIA VAULT AND 8-INCH VALVE EACH $ 2,400.00 4.0 $ 9,600.00 100.0% 4.0 $ 9,600.00 $ V DIA VAULT AND 8-INCH VALVE PRESSURE CONNECTION EACH $ 5,200.00 1.0 $ 5,200.00 100.0% 1.0 $ 5,200.00 $ OPEN CUT WM ACROSS GREEN BRIAR RD AS LIVE TAP FOOT $ 100.00 40.0 $ 4,000.00 100.0% 40.0 $ 4,000.00 $ 1"WATER SERVICE INCLUDING TRENCH BACKFILL LONG EACH $ 1,200.00 36.0 $ 43,200.00 100.0% 36.0 $ 43,200.00 $ 1"WATER SERVICE INCLUDING TRENCH BACKFILL SHORT EACH $ 400.00 15.0 $ 6,000.00 100.0% 15.0 $ 6,000.00 $ Sub-Total $ 157,168.25 1 1 1 $ 157,168.25 1$ ONSITE IMPROVEMENTS PAY ITEM UNIT UN_IT COST QUANTITY { 'TOTAL COST %COMPLETE °. QUANTITY � TOTAL I TOTAL �.. -, SANITARY SEWER CONSTRUCTION � � COMPLETE COMPLETE I REMAINING TRENCH BACKFILL CY $ 25.00 250.7 $ 6,267.25 100.0% 250.7 $ 6,267.25 $ 8" SANITARY SEWER,PVC 0'-10'-DEEP FOOT $ 21.00 2,242.0 $ 47,082.00 100.0% 2242.0 $ 47,082.00 $ 8" SANITARY SEWER,PVC 10'-15'-DEEP FOOT $ 28.00 172.0 $ 4,816.00 100.0% 172.0 $ 4,816.00 $ 8" SANITARY SEWER,PVC-SDR21 15-20'-DEEP FOOT $ 25.00 664.0 $ 16,600.00 100.0% 664.0 $ 16,600.00 $ 4' SANITARY MANHOLES 0'-10'-DEEP EACH $ 1,800.00 12.0 $ 21,600.00 100.0% 12.0 $ 21,600.00 $ 4' SANITARY MANHOLES 10'-15'-DEEP EACH $ 2,100.00 3.0 $ 6,300.00 100.0% 3.0 $ 6,300.00 $ 4' SANITARY MANHOLES 15'-20'-DEEP EACH $ 2,400.00 2.0 $ 4,800.00 1 100.0%1 2.0 $ 4,800.00 $ 6"SANITARY SEWER SERVICE INCLUDING TRENCH BACKFILL FAR EACH $ 1,900.00 20.0 $ 38,000.00 1 100.0%1 20.0 $ 38,000.00 $ 6"SANITARY SEWER SERVICE INCLUDING TRENCH BACKFILL NEAR EACH $ 450.00 21.01$ 9,450.00 1 100.0%1 21.0 $ 9,450.00 $ Sub-Total $ 154,915.25 $ 154,915.25 $ MISC.IMPROVEMENTS/FEES PAY ITEM i UNIT UNIT COST QUANTITY L TOTAL COST ( %o COMPLETE QUANTITY TOTAL TOTAL COMPLETE COMPLETE REMAINING STREET SIGNS L.SUM $ 3,000.00 1.0 $ 3,000.00 100.00% 1.0 $ 3,000.00 $ STRIPING L.SUM $ 1,500.00 1.0 $ 1,500.00 0.00% 0.0 $ $ 1,500.00 STREET LIGHTS EACH $ 2,000.00 10.0 $ 20,000.00 100.00% 10.0 $ 20,000.00 $ MOSQUITO ABATEMENT- L.SUM $ 650.00 1.0 $ 650.00 100.00% 1.0 $ 650.00 $ CURB REMOVAL FOOT $ 4.00 105.0 $ 420.00 100.00% 105.0 $ 420.00 $ PAVEMENT REMOVAL SQ.YD. $ 3.50 400.0 $ 1,400.00 100.00% 400.0 $ 1,400.00 $ - Sub-Total $ 26,970.00 $ 25,470.00 $ 1,500.00 GRADING IMPROVEMENTS/FEES RESIDENTIAL PAY ITEM UNIT UNIT COST QUANTITY TOTAL COST %COMPLETE QUANTITY TOTAL TOTAL COMPLETE COMPLETE REMAINING SEEDING ACRE $ 2,000.00 2.1 $ 4,200.00 100.0% 2.1 $ 4,200.00 $ EXCELSIOR BLANKET SO.YD. $ 1.00 10,581.9 $ 10,581.90 100.0% 10581.9 $ 10,581.90 $ SURFACE TOPSOIL STRIP CU.YD. $ 1.70 62,425.2 $ 106,122.84 100.0% 62425.2 $ 106,122.84 $ SITE CUT TO FILL DIFFERENCE(CLAY FOR RESIDENTIAL) CU.YD. $ 3.00 86,850-01 $ 260,550.00 100.0% 86850 $ 260,550.00 $ SITE TOPSOL RESPREAD RESIDENTIAL CU.YD. $ 2.50 10.000.0 $ 25,000.00 100.0%1 100001 $ 25,000.00 1 $ SILT FENCE F_00_T $ 2.00 1,932.0 S 3;864.00 100.0%1 19321$ 3,864.00 1 $ Sub-Total $ 410,318.74 1$ 410,318.74 $ LANDSCAPING IMPIROVEMENTSIFEES PAY ITEM UNIT UNIT COST QUANTITY TOTAL COST °.b COMPLETE QUANTITY TOTAL TOTAL —� °-�' COMPLETE I COMPLETE REMAINING TREESILANDSCAPING SEE ATTACHED ITEMIZED LIST PER IVES RYAN) L_5UM $ 134,950.00 1.0 $ 134:860.00 9010% om S 1F:j,314:oo S. 1.10ua Sub-Total $ 134,860.00 S 121,374.00 $ 13,486.00 1 PAY ITEM UNET UNIT COST OU.ANTITY 'TOTAL COST %COMPLETE QUANTITY TOTAL TOTAL GREENBRIAR ROAD CONSTRUCTION _ COMPLETE COMPLETE REMAINING GREENBRIAR ROADWAY GRIND STRIPING I L.SUM I$ 1,000.00 1.0 $ 1,000.00 0.0% 0.0 $ $ 1,000.00 STRIPING OF GREENBRIAR ROAD L.SUM $ 500.00 1.0 $ 500.00 0.0% 0.0 $ $ 500.00 Sub-Total $ 1,500.00 $ $ 1,500.00 $ 1,231,046.07 $ 114,850.48 15%RETAINED $184,656.91 SUB-TOTAL COST $ 1,345,896.55 110%RETAINED $126,335.53 CONSTRUCTION STAKING(2 9/6) $ 26,917.93 TOTAL COST $ 1,372,814.48 TOTAL RETAINED $310,992.44 (NEW LOC AMT.) 15%RETAINED FOR COMPLETED ITEMS,110%OF UNCOMPLETED ITEMS JOB NAME:CORNERSTONE SUBDIVISION(COMMERCIAL) TRIA 030978-03 LOCATION: UNITED CITY OF YORKVILLE LOC REDUCTION REQUEST-COMMERCIAL CALC BY:GEK PREPARED BY SMITH ENGINEERING CONSULTANTS,INC. CHK BY:PJH 10/12/2010 ONSITE IMPROVEMENTS PAY ITEM UNIT-- UNIT COST_ QUANTITY TOTAL COST `:L COMPLETE QUANTITY TOTAL TOTAL STORM SEWER CONSTRUCTION I COMPLETE COMPLETE REMAINING STONE RIPRAP,CLASS A3 SQ.YD. $ 48.00 9.0 $ 432.00 100.0% 9.0 $ 432.00 $ STORM SEWERS,CLASS A,TYPE 2,18- FOOT $ 23.50 95.0 $ 2,232.50 100.0% 95.0 $ 2,232.50 $ PRECAST REINFORCED CONCRETE FLARED END SECTIONS 18"W/GRATE EACH $ 800.00 2.0 $ 1,600.00 100.0% 10 $ 1,600.00 $ Sub-Total $ 4,264.50 $ 4,264.50 $ _ ONSITE IMPROVEMENTS PAY ITEM UNIT UNIT COST QUANTITY TOTAL C ST 'Y COMPLETE _ � 0GANTITY TOTAL s T(.)1'AL _ SANrrARY SEWER CONS'TRUCTION I r COMPLETE COMPLETE REMAINING 8" SANITARY SEWER,PVC-SDR21 15-20'-DEEP FOOT $ 25.00 664.0 $ 16 600.00 100.0%1 664.01$ 16,600.00 $ 4' SANITARY MANHOLES 15'-20'-DEEP EACH $ 2,400.00 1.0 $ 2400.00 100.0%1 1.01s 2,400.00 $ Sub-Total $ 19,000.00 $ 19,000.00 $ _ M_ ISM;.IMPROVE M-ENT-SIF�EEE-S_ __ _ 5 PAY ITEM �V i UNIT UNIT COST 1 I tUANT17Y �'T!?TAL COST °I. COMPLETE° QUANTITY TOTAL - TOTAL I COMPLETE COMPLETE 1EMAINING STREET SIGNS EACH $ 300.00 3.0 $ 900.00 100.00% 3.0 $ 900.00 $ LIGHT POLE EACH $ 2,000.00 1.0 $ 2,000.00 100.00% 1.01 $ 2,000.00 $ Sub-Total $ 900.00 $ 2,900.00 $ _ GRADING IMPROVEMENTSIFEES PAY ITEM UNIT UNIT COST QUANTITY TOTAL_COS:' %COMPLETE I QUANTITY _ TOTAL _ TOTAL COMPLETE COMPLETE REMAINING TEMP.SEEDING COMMERCIAL ACRE $ 2,000.00 14.6 $ 29,200.00 100.0% 14.6 $ 29,200.00 $ EXCELSIOR BLANKET SQ.YD. $ 1.00 3,918.1 $ 3,918.10 100.0% 3918.1 $ 3,918.10 $ SURFACE TOPSOIL STRIP CU.YD. $ 1.70 41,616.8 $ 70 748.56 100.0% 41,616.8 $ 70,748.56 $ SITE CUT TO FILL DIFFERENCE CLAY FOR COMMERCIAL CU.YD. $ 3.00 15,956.0 $ 47 868.00 100.0% 15956 $ 47,868.00 $ SITE TOPSOIL RESPREAD COMMERCIAL CU.YD.1$ 2.50 8,400.0 $ 21 000.00 100.0% 8400 $ 21,000.00 $ SILT FENCE FOOT $ 2.00 636.0 $ 1,272.00 100.0% 636 $ 1,272.00 $ Sub-Total $ 174,006.66 $ 174,006.66 $ $ 200,171.16 $ 15%RETAINED $30,025.67 110%RETAINED $0.00 TOTAL RETAINED $30,025.67 (NEW LOC AMT.) 15%RETAINED FOR COMPLETED ITEMS,110%OF UNCOMPLETED ITEMS �I�.,� war e:, Z—' i° -- c ev t A -r +t Landscape Installation Proposal and Contract Mr. herald Dahl "Trion le Investments 7512 County Line Road Burr Ridge,JL 60527 Date: Au Zgst 18.20U-) Collegiate Landscape,Inc.will provide all the necessary equipment and perform all necessary labor to complete the following at the Cornerstone Subdivision,Yorkville,M u l.y "MM, 'ice 2 3"13&B Deborah Noma, Maple $560.00 2 3"'B&13 Autumn Purple Asli 5560.00 1 3"Il&H Patmore Green Atih $280.00 5 3"B&B Swamp Witilc Ouk $1400.00 1 3"B&B Redinond Linden $?80A0 5 3"B&B Gbiko $2500.1#) 1 8'B&B Colorado sheen Spruce $2800) 1 8'"B&13 F,astem White Pine $243.00 I Skidbtcer charge to regradie lots to eliminate pondin€of water $750.00 Date of Installatinn-2-3 weekb from acceptance Job-Total S(+A53.iN} conegiuic I inu s'.;q.Inc is a registered c+irin)rdL+un hr the Sxau: C I:Sin e.A-ti4'e are a fulls i 5slreti company and all of our wmket%haw workman's compensation 50%of the instanntion price is due up fraut in rite form 01`4 deposit. Sligo ofthe installation;juice is due fit work perrormed by ctdiesaate Landscape.Inc.vvimn work m ctnnpteted The customer agrees to pay any evpenscs incurred by C'ollegude.I.andscapc,line in collecting amodutts dire nKheding court costs,attorney's fan,mein dmv other miscellaneous costs of collection Haber party can cancel ibis cdnrnilet with proper notice by letter only, wnh the owner and client signature agleeimg to fire termination.There is no guaramce tan scal.:mnuals. 1vl ichacI A.I lcx)relhek bedding,plaut5.I of enn;.i I.,roses,groundcover.tares and smuts~uwalled and sold by Collegiate President.Collegiate Landscape,Inc. Landscape,Inc.No warranty expressed or implied on any plant mateM indudinX trees will shrubs. There is no su:utuwee tin i my and all material installed by ctiI1%r-;sir I endscape,Inc.due to fire,lack o,f water,over•watermg,neglect,weed killers•vpra%s with burn ing agents,over-fettrtttmg.abuse,ice. lishhrilag uutw snow plows.and any udnnal disaster.All,:ales final. :acceptance of Propnsal - By signing this contract, the prices and conditions are culicfartory lint{ are hereby aeeepted" Collegiate Londscape,Inc.is authorized to do the work as specified. Payment will be made as outlined above. Dole of Acceptance: 5igtlatuic. 1990 US Route 30 Sugar Grove,IL 60554 Ph 630.466,7600 Faz630.466.7300 DATE: OCTOBER 12 2010 LEADER CONCRETE ONSTRUCTION CO. 13400 RT.59 SUITE116-162 Plainfield,IL 60585 PHONE(815)690-0095 FAX(815)690-0095 To: BEECHIN&DILL BUILDERS BURRIDGE IL PHONE:630.920.9430 FAX 630.920.9442 Attn:Ed Kubiak Job: CORNERSTONE YORKVILLE ITEM DESCRIPTION QUA UNIT UNIT PRICE TOTAL SANITARY 1 RAMP TPSOIL 400 402 406 408 410 412 414 416 418 420 430 43 12 EA $75.00 $900.00 2 ADD STEPS 414 1 EA $75.00 $75.00 WATER 1 ADJUST HYDRANT 620 LOT AS NEEDED FOR 18"SWING 1 EA $550.00 $550.00 2 LOCATE 620 AUX VALVE AND ADJUST 1 EA $150.00 $150.00 3 RAMP TOPSOIL 603 604 605 607 613 620 622 624 8 EA $75.00 $600.00 4 REPAIR HYDRANT CHAIN 623 1 EA $125.00 $125.00 5 LOCATE 601 AND ADJUST 1 EA $225.00 $225.00 ALL MATERIAL WILL BE BILLED AT COST PLUS 10% $1,725.00 ALL WORK WILL BE BILLED BY FIELD MEASURE ON MATERIAL AND LABOR USED. PAGE 1 DATE: OCTOBER 12 2010 FADER CONCRETE ONSTRUCTION CO. 13400 RT.59 SUITE116-162 Plainfield,IL 60585 PHONE(815)690-0095 FAX(815)690-0095 To: BEECHIN&DILL BUILDERS BURRIDGE IL PHONE:630.920.9430 FAX 630.920.9442 Attn:Ed Kubiak Job: CORNERSTONE YORKVILLE ITEM DESCRIPTION QUA UNIT UNIT PRICE TOTAL STORM 1 REMOVE INLET PROTECTION 242 330 20 EA $25.00 $500.00 2 ADD TOPSOIL AROUND STRUCTURES 26 EA $75.00 $1,950.00 3 ADD STEPS TO STRUCTURES 8 EA $75.00 $600.00 4 ADD SOIL AROUND FLARED END SECTION 6 EA $125.00 $750.00 5 REGRADE AT FLARED END SECTION 2 EA $150.00 $300.00 6 REMOVE DEBRIS FROM 218 220 1 EA $100.00 $100.00 7 REPLACE LID 1 EA $350.00 $350.00 8 CORRECT FES 500 TO MEET CODE 1 EA $650.00 $650.00 9 ADJUST RETRICTORS TO MEET CODE 2 HR $225.00 $450.00 10 ADD BARREL SECTION 406 1 EA $750.00 $750.00 $6,400.00 TOTAL $8,125.00 ALL MATERIAL WILL BE BILLED AT COST PLUS 10% ALL WORK WILL BE BILLED BY FIELD MEASURE ON MATERIAL AND LABOR USED. PAGE 2 City of Yorkville 14-Oct-10 Letter of Credit/Bond Reduction Subdivision: Cornerstone Date of last bond/LOC adjustment: Oct-04 Reduction No. Theoretical#3 ENR-CC Index for date of last adjustment: 7314 Bond/LOC No. Lexon Insurance Co. Bond#1010743 Current ENR-CC Index: 8920 LOC/Bond Approved Original amount LOC/Bond Amt. Amount complete prior Amount of Amount to remain Item Eng. Est. for LOC/Bond Prior to Reduction No.3 to Reduction No.3 Reduction No.3 after Red. No.3 Earthwork $584,325.40 $642,757.94 $139,678.41 $529,557.40 -$62,962.28 $202,640.69 Totals $584,325.40 $642,757.94 $139,678.41 $529,557.40 -$62,962.28 $202,640.69 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. Note: This reduction calculation is theoretical only. It has not been approved. City of Yorkville 14-Oct-10 Letter of Credit/Bond Reduction Subdivision: Cornerstone Date of last bond/LOC adjustment: Oct-04 Reduction No. Theoretical#3 ENR-CC Index for date of last adjustment: 7314 Bond/LOC No. Bond Safeguard Insurance Co. Bond#5012882 Current ENR-CC Index: 8920 LOC/Bond Approved Original amount LOC/Bond Amt. Amount complete prior Amount of Amount to remain Item Eng. Est. for LOC/Bond Prior to Reduction No.3 to Reduction No.3 Reduction No.3 after Red. No.3 Earthwork* $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Roadway $269,340.06 $296,274.07 $133,847.46 $170,975.38 -$39,815.97 $173,663.43 Storm Sewer $190,824.25 $209,906.68 $28,623.64 $190,824.25 -$17,921.41 $46,545.05 Watermains $157,168.25 $172,885.08 $23,575.24 $157,168.25 -$14,760.58 $38,335.82 Sanitary Sewer $154,915.25 $170,406.78 $23,237.29 $154,915.25 -$14,548.98 $37,786.27 Miscellaneous $26,970.00 $29,667.00 $6,088,00 $24,820.00 -$2,850.29 $8,938.29 Landscaping $134,860.00 $148,346.00 $116,316.75 $33,715.00 -$27,596.61 $143,913.36 Construction Staking $30,398.06 $33,437.87 $4,559.71 $30,398.06 -$2,854.86 $7,414.57 Greenbriar Road Items $1,500-00 L1,650.00 $1,650.00 $0.00 -$362.31 $2,012.31 Totals $965,975.87 $1,062,573.46 $337,898.09 $762,816.19 -$120,711.00 $458,609.09 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. *Earthwork substantially covered by separate bond. Construction guaranty for earthwork dropped to zero for Safeguard bond and completely covered by Lexon bond after Reduction#1 Note: This reduction calculation is theoretical only. It has not been approved, , i 2♦,�QD Coo Reviewed By, Agenda Item Number Legal ❑ i Finance ❑ EST. , � ;--.. - - 1836 � Engineerk^' Tracking Number x< y y City Administrator ❑ 09 Consultant El <CE w�' ❑ Agenda Item Summary Memo Title : Proposed Revisions/Clarifications to Letter of Credit Policy Meeting and Date : October 19, 2010 Public Works Committee Synopsis : Proposed revisions regarding bonds and letters of credit for un-subdivided developments and warranty periods . Council Action Previously Taken : Date of Action : Action Taken : Item Number: Type of Vote Required : None at this time Council Action Requested : None at this time Submitted by : Joe Wywrot Engineering Name Department Agenda Item Notes : CST O Memorandum EST _ 1636 To : Bart Olson, City Administrat \ _~ 1.J From : Joe Wywrot, City Engineer s p•. CC : Lisa Pickering, Deputy City Ntr k <LE `��,�� Kathy Orr, City Attorney Date : October 1 , 2010 Subject : Proposed Revisions/Clarifications to Letter of Credit Policy Attached find a rough draft of a resolution regarding proposed revisions/clarifications to our Bond/Letter of Credit policy. There are three issues that I would like to address : 1 . For a typical residential subdivision, we require a bond or LOC for "land improvements " , which include new public infrastructure (such as sanitary sewers) , but also private improvements (such as earthwork and some landscaping) that will never be owned or maintained by the city but are regional in nature or otherwise meet the definition of a land improvement. We are authorized to require the bond because the requirement is part of our Subdivision Control Ordinance. Section 2 . 00 of that ordinance states that the intent of the ordinance is "To prescribe reasonable rules and regulations governing the subdivision and platting of land . . . " . For developments that don't include a subdivision of land, however, we can only require a bond or LOC for earthwork and erosion control . That authority comes from our Soil & Erosion Control ordinance. For other land improvements, whether they are to be eventually owned by the city or not, we cannot require a bond or LOC because our Subdivision Control Ordinance doesn't apply. I recommend that we adopt an ordinance requiring a bond or LOC for all land improvements in a development, regardless of whether the land is subdivided or not. 2 . At final acceptance we require a warranty bond or LOC which is 10% of the approved cost estimate for land improvements. Our practice has been to include privately owned "land improvements" for larger developments, but for smaller developments we have at times released the LOC for private improvements. I feel that some privately owned land improvements that are regional in nature should be covered by a warranty LOC, such as a stormwater basin that serves multiple properties or a landscape buffer that screens commercial properties from residential properties . I recommend that other privately-owned land improvements (such as private parking lots, storm sewer, some landscaping, etc. ) that are not regional in nature not be required to have a warranty period . They are the developer's property and their responsibility to maintain, and if they choose not to maintain their property to like-new standards during the first year it should not be the city's concern. 3 . As the end of the warranty period approaches, we spot-check the development to make sure that everything is still in good condition. If we find the development to be in good condition we allow the warranty expiration date to pass without taking action. For most developments that's the end of it. Some developers, however, request that the city send them a letter formally releasing the warranty bond or LOC . We have provided those letters when requested, and we do notify the City Council of this in our quarterly bond/LOC reduction reports. Resolution 2009-40 authorizes city staff to approve reductions for developments whose initial bond or LOC amounts are less than $ 1 ,000,000 . 1 would like to clarify, however, that for warranty bonds or LOC's the "initial " amount is the amount of the warranty bond or LOC, not the original bond or LOC that was established prior to construction. Before we embark on finalizing a resolution, I would like to get input from the Public Works Committee regarding these issues . Please place this item on the October 19, 2010 Public Works Committee agenda for discussion. I� 1 i. 4 DRAFT RESOLUTION MODIFYING CONSTRUCTION GUARANTEE REQUIREMENTS FOR CONSTRUCTION OF LAND IMPROVEMENTS WHEREAS, the United City of Yorkville requires that land developers provide security for the successful completion of the installation of public and quasi-public (together also known as land improvements), including but not limited to streets, curbs, sidewalks, watermains, storm and sanitary sewers, streetlights, detention basins, landscaping, etc., and WHEREAS, said security is typically established either by means of a Letter of Credit or a Bond, and WHEREAS, from time to time, a developer will seek reduction to the Letter of Credit or Bond amount after substantial completion of a portion of the land improvements under heretofore established practices and/or contracts, and WHEREAS , current practice established by the Subdivision Control Ordinance and Resolution 200940 involves an approval of the City Engineer' s recommendation by the City Administrator, and WHEREAS, the Mayor and City Council wish to provide an expedited review and approval process for Letter of Credit and/or Bond reduction requests. BE IT HEREBY RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE : The approval process for Letter of Credit and/or Bond reductions shall be amended as follows : 1 . Construction guarantees in the form of bonds or letters of credit shall be required of all developments, regardless of whether the development process involves the subdivision of land or not. 2. Construction guarantees during the warranty period for land improvements that are not public or regional in nature shall not be required. The determination of which land improvements satisfy these criteria shall be the responsibility of the City Engineer, 3 . Section II of Resolution No . 200940 is clarified by adding the following sentence : "Release of construction guarantees established for warranty periods that are less than $ 1 ,000,000 may be processed administratively through the City Engineer and City Administrator in conformance with this resolution." NOW, THEREFORE, upon Motion duly made, seconded, and approved by the majority of those members of the City Council voting, BE IT RESOLVED that the Policy set forth above is a Policy of the United City of Yorkville. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , 2010. ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , 2010 . MAYOR ATTEST: CITY CLERK 1 . For a typical residential subdivision , we require an LOC for "land improvements" , which include new public infrastructure (such as sanitary sewers), but also private improvements (such as earthwork C04 Reviewed By: Agenda Item Number J Legal ❑ �$ �$ Finance ❑ EST, Engineer El Tracking Number y City Administrator ❑ OMS O Consultant ❑ - p` <LE ��'� ❑ Agenda Item Summary Memo Title: USGS shallow well agreement Meeting and Date : PW committee October 19, 2010 Synopsis : Proposed agreement with USGS to allow them to drill two shallow wells on Our north water tower site. 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 : car o 1 Memorandum To : Bart Olson, Administrator EST. , =` 1836 From: Eric Dhuse, Director of Public Works CC : p� Date : October 11 , 2010 Subject: Well Drilling Agreement <LE I Bart, I have attached a copy of a well drilling/sampling agreement from the United States Geological Survey (USGS) regarding potential shallow sampling wells located on our North water tower site near Bristol Bay Subdivision. There would be two shallow wells (25-30 ') drilled in the southwest and southeast corners of the property that would monitored by the USGS for a long period of time. The USGS wants to collect data on shallow ground water in areas that are transitioning from rural to urban communities and see what kinds of effects it has on our shallow ground water. I think this is a good study that could give us useful data for our own future shallow wells . Therefore, I would recommend that this be placed on the October 19th Public Works Committee agenda for discussion and approval. If you have any questions or need further information, please let me know. i i i i i I Well Drilling/Sampling Agreement The landowner agrees that the U . S . Geological Survey (USGS) , Illinois District may install and maintain a monitoring well(s) on the landowner's property at a mutually agreed-upon site at the location listed below. The landowner also agrees that the USGS will have access to the site, as it reasonably deems necessary for water-level measurements , geophysical measurements and/or water-quality sampling purposes during the life of this agreement. The monitoring well will be a hole extending into the earth produced by drilling or auguring . The hole may be cased and screened at an appropriate depth for water-level measurements and/or sampling . The well water may be sampled for multiple constituents. I Excavation and/or installation of the well may begin at any time after this agreement is fully executed . The well shall be excavated , installed , and properly maintained by the USGS at its own expense. This agreement shall be regarded as granting a license or easement, whichever may most appropriately characterize it under applicable state law, in favor of USGS to enter landowner's property for the purposes noted herein . At the expiration of this Agreement, the well may be abandoned , removed , filled and/or plugged , according to federal , state , and local regulations , by the USGS at its own expense within a reasonable time after the expiration of this Agreement. The USGS , soon thereafter, shall restore the property, again at its own expense, as nearly as possible to the same condition as existed prior to the excavation and/or installation of the well . During the life of this Agreement, the Federal Government will be liable for any loss related to the installation , operation , maintenance, or other activities associated with the well described above in accordance with , and to the extent permitted , under the Federal tort Claims Act (28 U . S. C . 1346(b) and 2671 et seq . ) This agreement shall be come effective when fully executed and shall continue in force for 5 years unless terminated earlier by the USGS upon 60 days written notice. After 5 years , the Agreement remains in force until terminated by either the USGS or the Landowner upon 60 days written notice to the other party. Description of study location : The study area consists of the fenced land surrounding the Yorkville Water Tower just north of Galena Road at the approximate location of latitude 41042 ' 35. 0" and longitude 880 26' 34 . 9". The well location will be most -likely in the southeast or southwest corner of the property. The study area shall consist of one well to be screened in the approximate water table . Final installation locations will be approved with McHenry before installation . i I Well Drilling/Sampling Agreement Continued Well installation will approximately occur in October of 2010 . 1 See attachments for figures of approximate well locations. Landowner: City of Yorkville Address: 800 Game Farm Road Yorkville, Illinois 60560 Tel . Number: 630-553 -4370 USGS Illinois WSC Director: Douglas Yeskis Address: U. S . Geological Survey 1201 W. University Urbana, IL 61801 Tel . Number: 217-328 -9706 Fax Number: 217-328-9770 USGS Project Chief: William Morrow Tel . Number: 217-328 -9725 Fax Number: 217-328-9770 U . S. GEOLOGICAL SURVEY By Date: I LANDOWNER By Date: i I I, cok Reviewed By: Agenda Item Number J Legal ❑ # g Finance F]EST, 1 1836 Engineer El Tracking Number 04 e City Administrator ❑ ;A owu�. O Consultant ❑❑ P 0?l71 _- 1 -7 <LE w Agenda Item Summary Memo Title: Parkway tree program discussion Meeting and Date: Public Works Committee October 19, 2010 Synopsis : Discussion of eligibility of residents that live in unaccepted subdivision to Participate in the parkway tree replacement program Council Action Previously Taken : Date of Action: PW (01 151 D Action Taken: CO w, m i tt-e e cam{- 0, 1 OL.�ear daf -Q, Item Number: 'PVJ 6t c) to - 5 Type of Vote Required : Positive Council Action Requested : approval Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes : i Memorandum , To : Bart Olson, Administrator EST. , =` 1836 From : Eric Dhuse, Director of Public Works y CC : •.. 2p� Date : October 13 , 2010 SCE Subject: Parkway tree replacement program discussion Bart, As you know, this year we had some residents asking to participate in the parkway tree replacement program that lived in unaccepted subdivisions. At that time it was decided that since the developer was responsible for replacing parkway trees up until the one year warranty expires after the subdivision is accepted that the residents that live in those subdivisions would not be able to participate in the program this year. Instead of telling residents no, we would like to find a way to let all residents participate in this program. One idea was to let all residents participate but if the resident lived in an unaccepted subdivision, the developer of that subdivision would have to purchase and install a tree elsewhere in the subdivision such as a park or other city owned space before the subdivision would be accepted. So in essence, the developer would still have to replace the tree, but it would be planted in a different location. The benefits of this idea are : • Allows all residents to participate • Maintains developer responsibility to replace trees Disadvantages of this idea are : • Tracking individual trees over multiple years • Possibility of more applicants for the program than we have allotted trees Another idea is to just let all residents participate without tracking the status of acceptance of the subdivision. If we inform residents that live in an unaccepted subdivision that the developer is ultimately responsible for the replacement of the parkway tree and they are still willing to participate, we should allow them to . Currently we have many residents that have lived in an unaccepted subdivision for multiple years . During that time, they have seen the development dry up almost completely and some have even seen the development go through the foreclosure process and now have a receiver and property manager instead of a developer. Trying to get a parkway tree replaced in this situation could be very difficult to say the least. If we inform these residents when they call that they do have the choice of waiting for the developer to replace the tree or participating in the program and they choose to participate at their own expense, we should not turn them away because of where they live . The benefits of this idea are : • Allows all residents to participate equally { • Do not have to track individual trees over multiple years in multiple developments Disadvantages of this idea are : • Does not hold the developer responsible for the tree • Possibility of more applicants for the program than we have allotted trees I would ask that this be placed on the October 19th Public Works Committee agenda for discussion. If you have any questions or need further information, please let me know. CO* Memorandum Mr. 1835 To: Yorkville City Council From: Laura Haake, City Park Designer and Eric Dhuse, Public Works Director �1 SW �O CC : Travis Miller, Brendan McLaughlin, Scott Sleezer, Joe Wywrot Date; February 18 , 2009 Subject: Yorkville 50/50 Parkway Tree Program Please see the attached proposal information to establish a Parkway Tree Program for the residents of Yorkville. The 50/50 program includes purchase and planting of the tree by the City, with the homeowner reimbursing the City for the cost of the tree, The City' s share is in kind including pickup of trees, delivery to homes, JULIE locate, planting, first water, and all Staff time coordinating the project. Many communities have established successful 50/50 tree planting programs to cost share the replacement of parkway trees. i Attachment A is the program explanation sheet and registration form that will be filled in and returned to City Hall with a check from the resident who desires to have a tree planted in the parkway near their home. To help ensure the survival of the tree, all trees except oaks will be planted in the fall. The City will allow the resident to locate the tree at their desired location, but if the location must be adjusted due to utilities, the homeowner will still approve the location prior to planting. The City will be responsible for calling JULIE and one-time watering. No guarantee for the tree will be provided. The program will be limited to 36 trees this first year of establishment. The tree list, Attachment B, shows the price of the tree that the City would charge the homeowner. Tree prices have been based on the average price for the species obtained in estimates provided in January of 2009. The basis for using an average tree prices is that the City cannot pre-determine the nursery from which we will be getting the tree, and therefore cannot guarantee prices or availability of the species for the price listed since we are not purchasing the trees until after the order is placed. Three local nurseries submitted price lists for the species offered . This does not mean we will purchase all trees from a single nursery, but selection availability, delivery or pickup charges, and the tree price will be considered prior to final purchase. Attachment C is a sample of the tree information that will be provided if the homeowner requests additional information on the tree species. ICI I A-t ACAiH i Yorkville 50/50 Parkway Tree Program Through the 50/50 Street Tree Program, the United City of Yorkville shares the cost of planting trees with homeowners. Residents simply choose the trees they want and send in a check for their portion of the cost. The City does the rest! The purpose of the Street Tree Program is intended to provide quality shade trees to residents within the City to be planted within the right-of-way areas along the streets and corridors throughout the City. The trees are intended to provide shade, screening, wildlife, pollution control, reduction of water runoff, soil erosion control, increased property values, reduced stress, aesthetics, and a sense of well being within the community. Please note that if your development still requires street trees to be planted, by the developer, you cannot participate in this program. All trees purchased through the program are required to be planted within the area of the right-of4ay in front of or on the sides of the purchaser's property . The right-of4ay area available for planting the trees varies depending on the platting of the property and the width of the right-of--way. Generally it is eight to ten feet ( 8' to 10') from edge of curb to edge of right-of-way. Trees must be located a minimum distance of 50 feet from any other tree in the parkway; not conflict with existing utilities, be at least 20 feet from an overhead light, and must be 30 feet from any intersection. The City will work with the homeowner to locate the tree. All trees will be purchased for a fall planting except for oak trees, which will be planted the following spring. The tree will be planted, mulched, and watered (once) by the City. After the watering, care is left to the purchaser. No guarantee will be provided. Each tree will be a minimum of 2 .5 " in diameter. The homeowner's cost for each tree is based on the tree species and planting option selected from the list below . Orders with check payable to the United City of Yorkville, must be received by Monday, August 24, 2009. Please mail checks and complete application to: 800 Game Farm Road, Yorkville, IL, 60560. For more information, please contact the Laura Haake at Community Development Department at (630) 553-8574. Limited quantities per species are available and will be served on a first-come, first-serve basis. The City's limit for trees sold this year as part of the program is thirty-six ( 36) . This program will continue on an annual basis and planting will occur at the fall of every year. Please see the reverse side for tree selection and form. For tree species and information, please go to www.yorkvill e.il . us/streettreeurogram.cfin File Order #1 Trees must be selected from the following list: Elm $140.00 Linden 5157.00 Oak (spring planting) $ 197 .00 Catalpa $ 165900 Cal lery Pear S 150.00 Gingko S178,00 Hackberry $ 133.00 Kentucky Coffeetree $ 143.00 Red Maple $ 108.00 Sugar Maple $ 163 .00 Thornless Honeylocust $ 142.00 Turkish Filbert $ 185.00 United City of Yorkville Tree Order Form Name: Address : Phone: Date : Street tree location ( if house is on corner lot) Tree Type Cost _ By signing this agreen►eni I widerstand that it is my responsibility to ensure the tree 's siuriyival by xlateririg the tree after planting. 77► e City will not replace the street tree due to neglect, disease, or damage. Sign here Office use only Received by: Date: REE REPLACEMENT PROGRAM Scientific Name Common Name Kendall Hill H/nsdale SPOng Grave Itrera 4 u1muss' spp. Elm $180.00 $101 .00-$132,00 500 S14Qf67 Tilia, spp Linden $165.00 179.00 _ _ 1 ?0� $1 33 Quercus, sp . Oak $219:00 $170.00-$2D2:00 .. ._ $10,00 -- ] 67 Catalpa s eciosa Catel s $168.00 $162.00 $165.D0 P rus calleryana Callery Pear $165.00 $161400 $125.00 t$143,331$150.33 Glnk o male only) Gink $220 .00 $136.00 $178.00 Cellis occldenteks Heckbe $150.00 $124: 0 125.00 $!33,00 G noeledus dioicus, spp. Kentuck CoHeetree $138.00 $167.00 W5 00 Acer platanoldes, spp. Red Ma le $130.00 $105064$113,00 $85.00 108;D0 Acer saccharum s . Su ar Maple $193.00 $117.00-$148.00 6140.00. iB5. Gl DO $1 2.67 editlsla ideenthos, var, Inermis Thornless Hone Locust $160,00 $161 .00 t 5116'.00 $142.00 corylus colume Turkish filbett 1 $175.001 $195.0D $185.00 I UNITED CITY OF YORKVILLE STREET TREE PROGRAM broad The arching habit hybrid mimics the classic elm . Dutch Elm Disease resistant, hybrid elms grow to 60' tall and have a nice light yellow to • w-green fall color. The tree can tolerate and a range of • Red njaple $108, 00 Sugays A ' v maple / 1 Maple trees • 1 i moist,prefer wellmdrained soils. Fall color greenmyellow to greenmpurple for Sugar Maples to red for Red Maples. Maples are fast growers, • 1 r ' , r ' A 1 Linden i I Linden The . eclies like well"drained soils V tolerant alkaline soils. They grow to 601-801 tall, 1 , and have fragrant { summer. Fall foliage brownwgreen, � 1 • t CiTY 0 Memorandum To : Public Works Committee esr 1 ism From. : Bart Olson, City Administrator n VJ �; on Date : June 11 , 2010 �"ti c Subject: Tree Bank Proposal Several residents have called to participate in the Parkway Tree Replacement Program over the past few weeks from subdivisions in which the City has not accepted infrastructure. We have denied the residents from participating in these areas because parkway trees are considered public improvements and therefore part of the developer' s responsibility in building the subdivision . In these cases, we inform the resident of that information and tell them that their particular tree will be added to the developer" s punchlist for infrastructure completion. In most cases, the resident is happy with this response, but in some cases they have argued they should be able to replace the dead tree anyway. A solution to this situation is to change our subdivision improvement code to allow the City staff to allow the residents to participate in the Parkway Tree Program and further to allow us to require the developer to donate money or a tree to a tree bank to be used in other public areas in the City. This concept would be similar to the trail bank that is being proposed on tonight' s agenda. One potential hurdle to the enactment of a tree bank is subdivision ordinance locks . Most of the subdivisions of the City have an ordinance lock that only allows those ordinances and regulations in place at time of annexation agreement approval to be applied to the property for a number of years . The tree bank proposal would not be effective on those subdivisions unless consented to by the developer. While I have not spoken with any developers on whether they would consent to it, I am optimistic they will agree to it since likely result in a cost savings to them (because they would not have to have their contractors rip out the old tree and purchase a new one) . ,k�D C/T Reviewed By: Agenda Item Number J 00 Legal ❑ a` t L EST. 1836 Finance ❑ , lSh� Engineer Tracking Number 0� City Administrator F] Im K �O Consultant ❑❑ Pw R I © � (Q 5 << E �V Agenda Item Summary Memo Title: Fountain Village — Punchlist Review Meeting and Date: October 19, 2010 Public Works Committee Synopsis : This is the updated punchlist and a corresponding cost estimate to perform the punchlist work. Council Action Previously Taken: Date of Action: CC 9/28/10 Action Taken: Tabled back to committee Item Number: PW 2010-65 Type of Vote Required : Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes : Fountain Village LOC Reduction No. I was tabled back to the PW Committee with a request for additional information. C,T O Memorandum EST, _ 1836 To : Bart Olson, City Administrat r OFrom: Joe Wywrot, City Engineer p CC : Lisa Pickering, Deputy City rk �2 <LE Date : October 5 , 2010 Subject: Fountain Village — Punchlist Review A proposed letter of credit reduction for the Fountain Village development was tabled at the September 28th City Council and sent back to the Public Works Committee for review. The City Council also directed that the Fountain Village punchlist be sent to the PW Committee. Attached find the updated punchlist for the onsite work for Fountain Village. Also attached is a cost estimate I prepared for this punchlist work. The estimate, which I believe to be conservative, shows that the 20% of the LOC which we currently hold back prior to final acceptance would typically be adequate to guarantee completion of the punchlist work. All reductions to bonds or letters or credit, however, are at the discretion of the City Council. There is a separate punchlist for the offsite improvements, which covers work within the state right-of-ways of Route 47 and Route 71 . There is a separate bond in place for the offsite work in the amount of $ 1 ,244, 100. 00. The work along Route 47 and Route 71 is essentially complete, although IDOT has not yet signed off on that work. Please place this item on the October 19, 2010 Public Works Committee agenda for discussion. I 5-Oct- 10 Cost Estimate Fountain Village - Onsite Punchlist Cost Estimate Item Quantity Unit Unit Price Cost 1 Record Drawings 1 EA $3 , 000 . 00 $3 , 000 . 00 2 Locate/set property corners 1 EA $ 19000 . 00 $ 1 , 000 . 00 3 Raise stop signs 1 LS $ 500 . 00 $500 . 00 4 Rem/Repl sidewalk 70 SF $ 10 . 00 $700 . 00 5 Rem/Repl detectable warnings 600 EA $ 10 . 00 $6 , 000 . 00 6 Curb 100 LF $30 . 00 $3 , 000 . 00 7 Guardrail 1 LS $5 , 000 . 00 $5 , 000 . 00 8 Reconstruct west leg of 1 EA $50 , 000 . 00 $50 , 000 . 00 signalized intersection 9 Grout San MH 1 EA $500 . 00 $ 500 . 00 10 Paint fire hydrants 1 LS $200 . 00 $200 . 00 11 Plant trees 130 EA $300 . 00 $39 , 000 . 00 12 Re-landscape basins 1 LS $259000 . 00 $25 , 000 . 00 13 Complete landscaping 1 LS $ 10 , 000 . 00 $ 109000 . 00 14 Construct curtain drains 4 EA $ 1 , 000 . 00 $4 , 000 . 00 15 Repair storm sewers 1 LS $ 15 , 000 . 00 $ 15 , 000 . 00 16 Install inlets 2 EA $500 . 00 $ 11000 . 00 17 Clean FES 1 EA $ 100 . 00 $ 100 . 00 18 Add fill 1 LS $200 . 00 $200 . 00 19 Add MH steps 2 EA $50 . 00 $ 100 . 00 20 Reset frame 2 EA $ 100 . 00 $200 . 00 21 Lower rim 1 EA $ 100 . 00 $ 100 . 00 22 Grout @ adjusting rings 8 EA $ 100 . 00 $800 . 00 23 Modify restrictor MH 1 EA $500 . 00 $500 . 00 24 Raise buried structure 1 EA $ 1 , 000 . 00 $ 1 , 000 . 00 25 Replace Inlet A 1 EA $39000 . 00 $3 , 000 . 00 26 Bit patching 1 LS $500 . 00 $500 . 00 27 Backfill curbing 1 LS $200 . 00 $200 . 00 Sub-total $ 170 , 600 . 00 Plus 100% contingency $ 1702600 . 00 Total $341 , 200 . 00 C4 United City of Yorkville County Seat of Kendall County 800 Game Farm Road EST. ��"!�-�.� 1836 Yorkville, Illinois 60560 �- Telephone: 630-553 -8528 a 0 � � Fax : 630-553-3436 Website: www.yorkville.il . us Mr. Dean Tomich October 5 , 2010 Crestlake Holdings, LLC 815 N. Larkin Ave., Ste, 202 Joliet, IL 60435 RE: Fountain Village/ 1901 - 1965 S . Bridge Street/ Punch List 3 Dear Mr. Tomich: A field inspection of the above site has been conducted; below is the revised project punch list: General • Record drawings dated 10-21 -08 were reviewed on 2-3 -09; these same drawings were re- submitted on 9- 15 -10. City Engineer Joe Wywrot' s review comments are attached hereto. Provide revised record drawings for review. Following approval, provide two full-size prints and Auto Cad and PDF files, to be imported into the City' s Base Map and G1S System . • Provide copy of IDOT approval for the traffic signal installation & work performed in the right- of-way. • The approved Plat of Easement for Lots 4 & 5 was picked up on May 25, 2007 for recording, forward 2 recorded copies to the City- one to Lisa Pickering/Deputy City Clerk; the other to Joe Wywrot/City Engineer. • Locate and/or set all property pins. Paving • Raise all stop signs to legal height. • Submit as-built of all sidewalks for review & approval . • Remove and replace approximately 70 LF of public walk; installed too low & water ponds. Call for inspection prior to pouring replacement. • Remove and replace red public walk handicap ramps at 1945 - 1959 S . Bridge, to be in conformance with IDOT ISP 04-30. • Install red public handicap ramps at Entrance Island. • Finish installing curbs at Storm CB-202 & Storm Inlet 204 areas. • Install guardrails, per approved plans. • Complete reconstruction of the west leg of the signalized intersection, to provide for pond emergency overflow. Sanitary & Water • San. MH-D: grout around pipe. • Wire brush and re-paint hydrant(s) with paint supplied by hydrant manufacturer. Fountain Village, 1901 -1965 S. Brid g e.PL 3 Landscaping & Grading • Plant Qty. 130 additional trees along the west boundary of your property, between Fountain Village and Sunflower Estates, per agreement. This should begin at the south end of Lot 3, and continue to the northern edge of your site. Contact City Park Designer Laura Schraw at 630-553- 8574, to get approval regarding species and size of these trees. The wet basin and dry basin to the north of the current commercial building are both required to be naturalized; both are being mowed. These should be returned to their approved, naturalized state. Note: the far north basin is exempt from this requirement, per an agreement dated July 10, 2006 . Contact City Park Designer Laura Schraw at 630-553 -8574, with questions . • Complete landscape installation, per approved plan. • Install Qty. 4 PCC curtain walls. Storm • Review of the storm sewer televising tapes was completed in 2007; see the attached report. All repairs must be corrected, and a new televising video and corresponding report is required. • Install CB-202 and Inlet 204 . • FES-2001 Inlet 253 : clean; remove silt. • FES-210, FES-220 : add fill over. • CB-238, CB -243 : add steps. • Inlet 241 : reset frame. • CB-251 : lower to grade. • Grout between frame & adjusting rings on curb inlets 222, 224, 226, 243 , 247, 249, 253 , and 272 . • Complete curtain wall in Basin 1 , per approved plan. • The 4" restrictor at Structure 292 is in the wrong side of the manhole; it should be on the outlet side. Also topsoil and seed is needed around the casting. • Locate Structure 112, for inspection. • Net A was to be removed and replaced with CB Type A 4 inlet. • Correct offset Structure 602 . • Add bituminous patch by Inlet 270 . • Backfill at Curb Inlet 253 ; add compacted top soil and seed after applying grout under the casting. Please arrange to complete the above items immediately, and contact me at 630/553-8528 to schedule a re-inspection of your project punch list. Should you have specific field-related questions, please contact Darrell Busch direct at 630-553-85551 TSin.cerjely, ~AWL Jennifer Woodrick United City of Yorkville Engineering Department Cc : Bart Olson, City Administrator Krysti Barksdale-Noble, Community Development Director Joe Wywrot, City Engineer Darrell Busch, Sr. Engineering Technician Laura Schraw, City Park Designer Lisa Pickering, Deputy City Clerk Fountain Village, 1901 -1965 S. Bridge.PL3 Climbr � United City of Yorkville 1898 County Seat of Kendall County 800 Game Farm Road Yorkville , Illinois , 60560 Telephone: 630-553-4350 Fax. 630-553-7575 Website: www.vorkville . ilms February 3 , 2009 Mr. Craig Duy SEC Group, Inc. 651 Prairie Pointe Drive, Suite 201 Yorkville, Illinois 60560 Re: Fountain Village of Yorkville — Record Drawings Dear Craig: I have reviewed the revised onsite record drawings, dated 10/21 /08 and received 12/22/08 , and have the following comments : General • Sheet Nos. 18 and 19 deal with temporary erosion control measures, and can be deleted from the record drawing plan set. Record drawings need to be submitted for improvements on Route 47 and Route 71 . • Provide as-builts for the parking lot and service road lighting. Refer to the attachment. • Some of the items listed below need to be performed by others before you can perform your task, but they are listed so they are not overlooked . Sheet 1 • The cover sheet should be signed and sealed . Sheet 2 • The curtain wall for Basin 2 needs to be constructed and re-grading performed in the immediate vicinity. • Double-check the slope for Storm Tag 103 . Sheet 3 • The curtain walls for Basin 1 and Basin 1 B need to be constructed and re-grading performed in the immediate vicinity. • Construct the balance of the 200-series storm sewer. Lower the entrance roadway pavement and regrade the downstream swale accordingly. Sheet 5 • For Storm Tag 258 provide the as-built data listed also listed on Sheet 4. • Double-check the slope of Storm Tag 264. It appears that this sewer is still back- pitched . Sheet 6 • The easement hatching shown on this sheet has hidden all underlying improvements . Revise accordingly. • Storm sewer 205 is not legible. • Identify the watermain constructed as part of the Walgreens site improvements and add a note referring to those plans prepared by SEC. Sheet 7 • The easement hatching shown on this sheet has hidden all underlying improvements. Revise accordingly. • The rim of Valve 509C needs to be lowered about 12 inches. Sheet 13 • Provide as-built data for the l 00-year restrictor detail. Please make the requested revisions once the necessary field work is performed and resubmit for review . If you have any questions regarding these comments, please call me at (630) 553 4527 . Very truly yours, Joseph Wywrot City Engineer Cc: Jennifer Woodrick, Engineering Administrative Assistant i Fountain V wage of Yorkville January 5 , iuu7 T.V . Inspection Storm Sewers Notes. i u 1 from MH# 112 to A needs to be TV -- '� 7 �� rt � 2 All inlets and manholes that are not sumps need benches. L -Ie) , t 3 Where PVC pipe was used need to be mandrel test. -- a 8r ' �s 4 Re-TV or leave repair exposed for City of Yorkville to inspect. LOCATION DISTANCE REPAIR NOTES CB# 251 to Inlet #253 66 spigot broken Inlet#241 to Inietl'/224 y ' reject pipe remove and replace 50 ' 44' spigot broken 48 reject pipe MH#263 to MH#261 148 ' spigot broken IVM4255 to MH#222 15 ' spigot broken 55 ' spigot broken 87 spigot broken CB# 106 to CB# 104 90 ' Reject pipe remove and replace CB# 1 u4 to NIB# 102 IN spigot broken 73 ' Open joint Repair concrete collar IvM#602 to MH# 604 85 ' fill plug missing Repair 88 ' lift plug missing Repair Memorandum EST. �� 1836 To : Bart Olson, City Administr r OFrom : Joe Wywrot, City Engineer p CC : Lisa Pickering, Deputy City Cl rrk << E ��v Date : September 15 , 2010 Subject : Fountain Village — Sitework LOC Reduction No . 1 Standard Bank & Trust LOC No . 11953 Attached find a request from the developer' s consulting engineering for a reduction to the sitework letter of credit for the Fountain Village development, which is located on the west side of Route 47 , just north of Route 71 . I have reviewed the amount of work completed to date and recommend a reduction to Standard Bank & Trust Company Letter of Credit No. 11953 in the amount of $665 ,377 . 90 . The remaining amount of the letter of credit would be $414, 538 . 10 . Please refer to the attachment for details . This remaining amount also covers an additional 130 pine trees to be located along the western edge of the development as a buffer for the adjacent residential area. This additional landscaping was negotiated with the developer after the original letter of credit was established. Since the initial amount of this letter of credit is in excess if $ 1 ,000 ,000, Resolution 2009-40 requires that this reduction be approved by the City Council . Please place this item on the September 21 , 2010 Public Works Committee agenda for consideration. II I I I III SEC Group, Inc . An HR GreenCornpany September 15 , 2010 Mr. Joseph Wywrot, P .E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 RE : Fountain Village — Letter of Credit Reduction SEC Job No . : 050737- 3 Dear Mr, Wywrot: On behalf of Crestlake Holdings LLC, we request the United City of Yorkville to reduce the letter of credit for the public improvements . It is my understanding that many of the punch list items were completed as well . We respectfully request you review this request as soon as you are able, since the developer has a bond expiring soon. I have attached a spreadsheet of the request as well as a copy of the Record Drawings for your reference. If you have any questions or require any additional information, please call . I may be reached at (630) 553 -7560 . Sincerely, SEC Group , Inc . , an HR Green Company Pet7JHuinker, P . E. , LEED A.P . Site Manager i PJH/j mk Enclosure \\HRGYVNAS\SEC\YorkDatal\Jobs\Smith\2005\050737 Route 47 & 71 Commercial\Correspondence\letters\050737-3-LOC-REDUC-091510. doc progress. innovation . expertise. 651 Prairie Pointe Drive, Suite 201 1 Yorkville, IL 60560 Phone: 630.553.7560 Fax: 630.553.7646 www,secgroupinc.com II City of Yorkville 15-Sep-10 Letter of Credit/Bond Reduction Subdivision : Fountain Wftige Date of original bond/LOC: Ju1-06 Reduction No. 1 ENR-CC Index for date of original bond/LOC: 7721 Bond/LOC No . Standard Bank & Trust LO.0 #11953 Current ENR-CC Index : 8857 LOC/Bond Approved Original amount Amount complete prior Amount of Amount to remain Item Eng . Est. for LOC/Bond to Reduction No . 1 Reduction No . 1 after Red . No. 1 Earthwork $197;761 .80 $217, 537.98 T $1772985.62 $ 1517748 .95 $65, 789.03 Erosion Control $36,380.00 $407018.00 $18,190.00 $ 127891 . 79 $277126 .21 San . Sewer $27,870.00 $307657.00 $26,476.50 $22 ,824 .22 $7, 832 . 78 Watermain $662878:00 $ 73, 565.80 $63,534. 10 $54, 769.93 $ 18, 795 .87 Storm Sewer $1621-690:00 $ 178, 959.00 $146,421 ,00 $ 1247837.24 $543121 .76 Pavement $3059487.00 $336,035.70 $274,938.30 $234,409.94 $ 1012625 . 76 Landscaping $223;675.00 $203, 142 .52 $138.506.25 $63, 895.85 $ 139, 246 .67 Totals $ 1 ,020 , 741 .80 $ 1 ,079, 916 .00 $846, 051 . 77 $6652377.90 $414, 538 . 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. Reviewed By: Agenda Item Number J= AIL 0 00 Legal ❑ a Finance El EST. 1836 Engineer ❑ Tracking Number 04 L City Administrator ■ �f �a M O Consultant ❑ PVA D.U1 C) SCE ��'�, ❑ Agenda Item Summary Memo Title : Proposed Revisions to Nuisance Ordinance — Weeds and Property Maintenance Meeting and Date : October 19, 2010 Public Works Committee Synopsis : Council Action Previously Taken : Date of Action : PW 8/17/ 10 Action Taken : Discussion Item Number: Type of Vote Required : Majority Council Action Requested : Discussion and direction Submitted by : Bart Olson Administration Name Department Agenda Item Notes : Attached is the information that was included in the 8/ 17/ 10 Public Works packet, as well as I i some new photographs of various types of grasses . C 0� Memorandum To : Public Works Committee E5i: 1836 From: Bart Olson, City Administrator -� CC : O; mtum p Date : August 13 , 2010 Subject: Proposed revisions to nuisance ordinance - weeds C E This item was last discussed at the June Public Works Committee meeting. The materials from that meeting are attached. The end result of the discussion was that the aldermen were going to observe the aesthetics of some of the prairie grasses in the subdivisions . As you may recall , the policy issue at the time was whether or not we wanted to allow a specific prairie grass plant mix to grow beyond 8 " . Additionally, Alderman Spears has requested that we revisit the discussion on increased fines for repeat offenders . Currently, there is no mandatory fine in the code and no option to pre- pay the fine prior to the adjudication hearing. This means the hearing officer sets the fine at the adjudication hearing. At the hearing, staff will inform the hearing officer of the history of violations on the property, and the hearing officer will set the fine accordingly . In the past, this has resulted in steeper fines for repeat offenders . II I� I II I i I I 0 Memorandum To : Bart Olson, Administrator ESZ 1636 From : Eric Dhuse, Director of Public Works CC : Paul Zabel, Code Official Date: June 7 , 2010 Subject: revision to nuisance ordinance Bart, 1 While working with Paul Zabel this spring, we would like to propose some changes to the current nuisance ordinance regarding certain weeds and grasses. These proposed changes are being brought forward in an effort to work with lot/home/business owners to gain compliance and a long term solution to this chronic problem . Section 4- 1 -5 Nuisances and offensive conditions, generally 7. Certain weeds, grasses, plants or vegetables: Any weeds, grass, plant or vegetable matter, other than trees, bushes, flowers, vegetable gardens or other ornamental plants to grow to a height exceeding eight inches (8") where a structure is present on the lot or tract of land. 8 . Certain weeds, grasses, plants or vegetables: Any weeds, grass, plant or vegetable matter, other than trees, bushed , flowers, vegetable gardens or other ornamental plants to grow to a height exceeding twelve inches ( 12") where the lot or tract of land has no structure(s) . C. Allowable exceptions 1 . Farming shall be allowed to continue on lot ( s) or tracts of land where there has been an established history of cultivation of the land for a period of one ( l ) year. 2 . Stabilization and re- vegetation of lot(s) or tract(s) of land. In an effort to promote erosion control, water conservation , and minimize the occurrence of unwanted weeds and other plant species all of the following rules/criteria shat ] apply: A. The lot( s) or tract( s) of land shall be made weed free by disking, roto tilling, chemicals or other methods approved by the City. B . The lot(s) or tract( s ) shall be planted with the following seed mix : Percentage Lbs of seed for typical city lot Annual Rye -- 30% 12 Perennial Rye — 30% 12 Tall Fescue � 20% 8 Timothy — 10% 4 Aliske Clover — 5 % 2 Alfalfa — 5% 2 C . All lot(s ) or tract( s) of land planted with this mixture shall be mowed and maintained a minimum of three ( 3 ) times per year. First mowing — Before June I " Second mowing — No earlier than September 1 '', but no later than September 151h Third mowing — Before October 31 " Any deviation from this schedule wil I result in a violation of this ordinance. The benefits of the proposed stabilization and re-vegetation are: 1 . A solid long term plan in place which will benefit both owners and the City. 2 . Greatly assists in erosion control of vacant land 3 . Promotes a quality green philosophy 4. Greatly reduces work load on both owners and the City. 5 . Possible income for larger tracts of land 6 . Owners will have to clean up lots to prepare the soil for planting Drawbacks of the proposed stabilization and re-vegetation are: 1 . not all owners will choose this option 2 . Is not an instant fix. This is a long term plan and the plants take time to establish 3 . Not mowed as often 4 . Specified species are taller than the S" height that is currently mandated. Average heights of proposed plants are 121" — 36" tall . 5 . Some adjacent property owners may object to taller plants 1 would ask that this be placed on the Public Works agenda for June 15, 2010 for discussion. If you have any questions or need further information, please let me know. 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