Public Works Packet 2009 02-17-09 P o United City of Yorkville
"` 800 Game Farm Road
EST 1836 Yorkville, Illinois 60560
Telephone: 630-553 -4350
09 � Cw le p Fax: 630-553 -7575
<LE X�'�'
AGENDA
PUBLIC WORKS COMMITTEE MEETING
Tuesday, February 17, 2009
6 :00 p.m.
City Hall Conference Room
Presentation:
1 . GIS Presentation — Utility GPS Locating Project
Minutes for Correction/Approval: None
Items Recommended for Consent Agenda :
1 . PW 2009- 14 Water Department Report for November 2008
2 . PW 2009- 15 Water Department Report for December 2008
3 . PW 2009- 16 Kendallwood Estates — Call of Earthwork Letter of Credit
4 . PW 2009- 17 Kendallwood Estates — Call of Sitework Letter of Credit
5 . PW 2009- 18 Saravanos Development — Letter of Credit No . 150017273 -202
6 . PW 2009- 19 Caledonia (Phases 1 & 2) — Sitework Reduction #2 and Landscaping
Reduction # 1
7 . PW 2009-20 Raintree Village (Units 2-6) — LOC Expiration
8 . PW 2009-21 Prairie Pointe — Final Acceptance and LOC Reductions
9 . PW 2009-22 Rt. 47/13aseline Road — IDOT Agreement and MFT Resolution
10. PW 2009-23 Revised Floodplain Ordinance
11 . PW 2009-24 Fox Road LAPP — Agreements for Engineering, Federal Participation, and
MFT Resolution
12. PW 2009-25 Supplemental Appropriation of MFT Funds to Purchase Salt
Public Works Committee
February 17, 2009
Page 2
New Business :
1 . PW 2009-26 Parkway Tree Replacement Program
2. PW 2009-27 Detention/Retention Basin Inventory Program
3 . PW 2009-28 Stalled Developments — Status of Roadway Paving
4. PW 2009-29 Policy Issue regarding Bond Reductions
5 . PW 2009-30 Neighborhood Beautification (Corner Gardens) Guidelines — Discussion
Old Business :
1 . PW 2009-08 Windett Ridge — Claremont Court Drainage Issue
Additional Business:
2008 City Council Goals
Public Works Committee
'Interim public Works Facilti . " Alderman Allen Eric Dhuse
Alderman Plocher Eric Dhuse
"Explore gray water reuse by city. "
Alderman Werderich Scott Sleezer
Eric Dhuse
Alderman Sutcliff
"Biodiesel, E85, and hybrid vehicles. "
Alderman Werderich Bart Olson
"Bike trails and pedestrian friendly developmenth-edevelopment, with Alderman Golinski Dave Mogle
focus on increasing pedestrian access to downtown from anywhere in the Alderman Werderich Joe Wywrot
city and to the schools from anywhere in the city. "
UNITED CITY OF YORKVILLE
WORKSHEET
PUBLIC WORKS COMMITTEE
Tuesday, February 17, 2009
6 :00 PM
CITY CONFERENCE ROOM
---------------------------------------------------------------------------------------------------------------------------------------
PRESENTATION:
......-...---------------------------..................---................................----................-.......................
-
1 . GIS Presentation — Utility GPS Locating Project
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ITEMS RECOMMENDED FOR CONSENT AGENDA:
---------------------------------------------------------------------------------------------------------------------------------------
1 . PW 2009-14 Water Department Report for November 2008
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
2. PW 2009- 15 Water Department Report for December 2008
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
3 . PW 2009- 16 Kendallwood Estates — Call of Earthwork Letter of Credit
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
4. PW 2009-17 Kendallwood Estates — Call of Sitework Letter of Credit
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
5 . PW 2009- 18 Saravanos Development — Letter of Credit No. 150017273-202
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
6. PW 2009- 19 Caledonia (Phases 1 & 2) — Sitework Reduction #2 and Landscape Reduction #1
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
7. PW 2009-20 Raintree Village (Units 2-6) — LOC Expiration
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
8 . PW 2009-21 Prairie Pointe — Final Acceptance and LOC Reductions
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
9. PW 2009-22 Rt. 47/Baseline Road — IDOT Highway Permit and Resolution
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
10. PW 2009-23 Revise Floodplain Ordinance
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
11 . PW 2009-24 Fox Road LAPP — Agreements for Engineering, Federal Participation, & MET Resolution
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
12. PW 2009-25 Supplemental Appropriation of MET Funds to Purchase Salt
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
NEW BUSINESS:
---------------------------------------------------------------------------------------------------------------------------------------
1 . PW 2009-26Tree Replacement Program for the City
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
2. PW 2009-27 Detention Basin Data Collection System
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
3 . PW 2009-28 Stalled Developments — Status of Roadway Paving
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
4. PW 2009-29 Policy Issue Regarding Bond Reductions
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
5. PW 2009-30 Neighborhood Beautification (Corner Gardens) Guidelines — Discussion
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
OLD BUSINESS :
---------------------------------------------------------------------------------------------------------------------------------------
1 . PW 2009-08 Windett Ridge — Claremont Court Drainage Issue
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
ADDITIONAL BUSINESS:
---------------------------------------------------------------------------------------------------------------------------------------
i
`QED C/ry Reviewed By: Agenda Item Number
2 o
J -n Legal ❑ PRESENTATION #1
EST. 183 Finance ❑
�\ Engineer ❑ Tracking Number
y City Administrator ❑
�1�m �O Consultant ❑ n/a El
tE
Agenda Item Summary Memo
Title: Utility GPS Locating Project
Meeting and Date:
Synopsis :
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by: Greg Weber Community Development
Name Department
Agenda Item Notes:
`QED Cfp`
_u o Memorandum
To: Public Works Committee
EST , eas From: Greg Weber, GIS Coordinator
CC: Joe Wywrot, City Engineer
axm p Date: February 12, 2009
Subject: Utility GPS Locating Project
Starting this spring, the United City of Yorkville's GIS, with help from the Engineering
Department, will be undertaking the task of GPS locating Utilities within the older portions of
town (shown in Appendix A). This project will focus on Sanitary, Storm and Water utilities but
will also include street lights. Once this project is complete, the city's GIS will possess and
maintain a fairly accurate inventory of the city' s utility structures, along with information
pertaining to each structure, such as elevations, pipe diameter, flow direction and year of
installation. Having this information will allow city employees to quickly assess utility locations
when problems such as water main breaks occur and will also assist in JULIE Locating.
Originally, we had received proposals from Engineering Enterprises Incorporated and the
project was going to cost the city roughly $80,000 to complete over the course of 4 years. But
now, due to the current economic climate and the slow down in housing, funding is not available
for such a project and the Engineering Department now has the manpower to assist because of
that slow down. Should the market pick back up before the completion of this project, leading to
funding being made available and a lack of availability from the Engineering Department to
assist, the project will be reassessed at that time.
The duration of the project will be as follows: GPS data collection will be starting
immediately, assuming the ground remains clear of snow. Should a significant snowfall occur,
startup would need to be delayed until a point in which structures are clear of snow and easily
located. Completion of the project is anticipated for Summer 2011 but will depend greatly upon
weather conditions and Engineering Department availability.
Appendix A: EEI Locating Priority Map — Dec 2008 Revision
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United City of Yorkville C1 �
a2�t�o c,rr�
WATER DEPARTMENT REPORT N1 dc)09 I�
<E 3r NOVEMBER 2008
MONTH/YEAR
WELLS
NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE
FEET FEET FEET GALLONS
3 1335 501 204 0
4 1393 542 188 0
7 1500 883 554 11,177,900
8 1500 861 476 55,000
9 1500 1125 517 29,537,000
TOTAL 40,769,900
CURRENT MONTH'S PUMPAGE IS 8,136,700 GALLONS LESS THAN LAST MONTH
2,859,100 GALLONS LESS THAN LAST MONTH
DAILY AVERAGE PUMPED: 1,160,200 GALLONS
DAILY MAXIMUM PUMPED: 1.647,500 GALLONS
DAILY AVERAGE PER CAPITA USE: 77.3 GALLONS
WATER TREATMENT
CHLORINE FED: 1252.8 LBS. CALCULATED CONCENTRATION: 41 MG/L
FLUORIDE FED: 498.4 LBS. CALCULATED CONCENTRATION: 0.28 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: 1.5 MG/L
MAINTENANCE
NUMBER OF METERS REPLACED: 7 NUMBER OF LEAKS OR BREAKS REPAIRED: 5
NEW CUSTOMERS
RESIDENTIAL: 11 COMMERCIAL: 0 INDUSTRIAL/GOVERNMENTAL: 0
COMMENTS
TOAL OF 5 BREAKS THROUGHOUT THE TOWN IN THE MONTH OF NOVEMBER. 2,525,000 GALLONS OF
WATER LOST DUE TO MAIN BREAKS.
CA A�a
United City of Yorkville ?f4 Doq -15
WATER DEPARTMENT REPORT
DECEMBER 2008
MONTH/YEAR
WELLS
NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE
FEET FE FEET GALLONS
3 1335 501 202 1,856,000
4 1393 542 190 5,333,000
7 1500 883 554 5,749,900
8 1500 861 477 106,000
9 1500 11.25 577 29,215,000
TOTAL 42,259,900
CURRENT MONTH'S PUMPAGE IS 1,490,000 GALLONS MORE THAN LAST MONTH
1,300,900 GALLONS MORE THAN LAST MONTH
DAILY AVERAGE PUMPED: 1353 500 GALLONS
DAILY MAXIMUM PUMPED: 2,491,100 GALLONS
DAILY AVERAGE PER CAPITA USE: 90.2 GALLONS
WATER TREATMENT
CHLORINE FED: 1178 LBS. CALCULATED CONCENTRATION: 2.9 MG/L
FLUORIDE FED: 549.7 LBS. CALCULATED CONCENTRATION: 0.25 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_05 MG/L
MAINTENANCE
NUMBER OF METERS REPLACED: 7 NUMBER OF LEAKS OR BREAKS REPAIRED: 3
MXU'S 2
NEW CUSTOMERS
RESIDENTIAL: 9 COMMERCIAL: 0 INDUSTRIAL/GOVERNMENTAL: 0
COMMENTS
TOAL OF 3 MAIN BREAKS IN DECEMBER. THE BREAK ON RIVER ROAD HAD 3 BREAKS IN THE 10' HOLE.
1,900,000 GALLONS OF WATER LOST DUE TO MAIN BREAKS. THE WATER TOWER AT 610 TOWER LANE WAS
PUT BACK IN SERVICE.
`�fpD C/py Reviewed By: Agenda Item Number
J� 6 Legal ❑ �0 3
esr yeas Finance Fl
Engineer X&YJ lzioa Tracking Number
t y City Administrator ❑
Consultant E W aDOGj _ I LO
<CE
Agenda Item Summary Memo
Title: Kendallwood Estates—Call of Earthwork Letter of Credit
Meeting and Date: February 17,2009 Public Works Committee
Synopsis: We have received a Notice of Claim from KR&G Excavating Partners, LLC against
the Kendallwood Estates earthwork letter of credit.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Authorize the City Clerk to call the Earthwork LOC for the
amount of$58,223.87.
Submitted by: Joe Wywrot Engineering
Name Department
Agenda Item Notes:
CIP
,2 4 0 Memorandum
EST. 1836 To: Brendan McLaughlin, City Administrator
OL y From: Joe Wywrot, City Engineer LsaT
p CC: Kathy Orr, City Attorney
Lisa Pickering,Deputy City Clerk
ILL Date: February 2, 2009
Subject: Kendallwood Estates—Call of Earthwork Letter of Credit
Castle Bank LOC No. 3000221071-900
Attached find a Notice of Claim in the amount of$57,123.87 from KR&G Excavating Partners,
LLC against the referenced earthwork letter of credit for the Kendallwood Estates development.
Also attached find copies of two letters from Kathy Orr(one to KR&G's attorney and one to the
developer's attorney) stating that the city shall draw from the letter of credit in the amount of the
claim plus $1100 to reimburse the city for attorney costs.
I recommend that the City Clerk be authorized to call Castle Bank Letter of Credit No.
3000221071-900 for Kendallwood Estates in the amount of$58,223.87. The basis for calling the
LOC is that the city has determined that the public improvements or other improvements covered
by the letter of credit have been or are likely to be the subject of liens or other claims by
contractors, subcontractors or third parties.
Please place this item on the Public Works Committee agenda of February 17, 2009 for
consideration.
January 28, 2009
Alan L. Garrow
Nealis & Garrow
510 South Batavia Avenue
Aurora, Illinois 60505
Re: Notice of Claim under Contractor 's Letter of Credit
Dear Mr. Garrow:
We are in receipt of the referenced Notice of Claim from KR&G Excavating in the amount of
$57, 123.87.
In accordance with the provisions of the terms of the Letter of Credit, the City is prepared to draw
upon the Letter of Credit and hold the amount demanded in escrow until the City receives a joint direction
from KR&G Excavating, Kendall Land Development, LLC and Jaylar Corporation or an order of court
directing payment.
All amounts drawn by the City sball be held in escrow awaiting a joint direction from you, and
KR&G Excavating, or an order of court.
Very truly yours,
KATHLEEN FIELD ORR & ASSOCIATES
KATHLEEN FIELD ORR
KFO/lans
January 29, 2009
Kendall Land Development, LLC
123 Water Street
Naperville, Illinois 60540
Attention: Kevin M. Gensler
Jaylar Corporation
c/o Jason A. Human
483 Willow Street
Elburn, Illinois 60119
Re: Notice of Claim under Contractor 's Letter of Credit
Gentlemen:
We are in receipt of the referenced Notice of Claim from KR&G Excavating Partners, LLC, in
the amount of $57, 123.87 as the amount due and owing for furnishing the labor and materials for mass
grading, excavation and earthwork at Kendallwood Estates Development,
On February 20, 2007, as thereafter extended, you delivered an irrevocable letter of credit to the
United City of Yorkville in the amount of $1,022,588.60 of which $179,977.42 remains in place. By the
terms of this irrevocable letter, certain occurrences constituted a default on the part of the Developer
entitling the City to make a demand on this letter of credit. Among the list of six items considered to be a
default was "that the City of Yorkville has determined that the public improvements covered by this
commitment have been or are likely to be the subject of liens or other claims by contractors,
subcontractors, or third parties;"
Given the Notice of Claim as referenced above, the City Clerk shall immediately contact Castle
Bank, the issuer of the letter of credit to demand a draw down in the amount of $57,123 .87 to cover such
claim and an additional $1,100 as attorney costs incurred to date in connection with such claim.
Very truly yours,
KATHLEEN FIELD ORR & ASSOCIATES
KATHLEEN FIELD ORR
NOTICE OF CLAIM UNDER CONTRACTOR'S
LETTER OF CREDIT IN LIEU OF BOND
To: Valerie Burd, Mayor
Brendan McLaughlin, City Administrator
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
CjY'�e„a.,l 8=4;L•� bryL=-� �;°J V=. L �4-E�.Cl�d�7
0
Castle Bank
109 West Veterans Parkway
Yorkville, IL 60560
Kendall Land Development, LLC
Attn: Kevin M . Gensler
123 Water Street
Naperville, IL 60540
Jaylar Corporation
c/ o Jason A. Humm
483 Willow Street
Elburn, IL 60119
YOU AND EACH OF YOU ARE HEREBY NOTIFIED that the undersigned,
K. R. & G. Excavating Partners, L.L. C. , an Illinois limited liability company, duly
organized and existing under and by virtue of the laws of the State of Illinois,
with its principal place of business at 7 Stonehill Drive, Oswego, Illinois 60543,
entered into a subcontract with Jaylar Corporation, the prime contractor for
Kendall Land Development, LLC, to furnish certain labor and materials
necessary for mass grading, excavation and earthwork, as described on the
invoices attached hereto as Exhibit A, for a certain public improvement known
as Kendallwood Estates for the United City of Yorkville.
1
YOU ARE FURTHER NOTIFIED that K. R. & G . Excavating Partners ,
L. L.C. did furnish and deliver to Jaylar Corporation, at the place of said
improvements, the labor and materials described on the attached Exhibit A,
which were used therein, and that the furnishing of this labor and materials
was completed on the 23rd day of July 2008.
YOU ARE FURTHER NOTIFIED that after allowing all just credits,
deductions, and set-offs, there is now due and owing to K. R. & G. Excavating
Partners, L. L. C . for furnishing the labor and materials described in the
attached Exhibit A, for use in and that were used and incorporated into the
improvement, a balance in the sum of $57, 123 .87 .
YOU ARE FURTHER NOTIFIED that K.R. & G. Excavating Partners,
L.L, C. makes claim for the sum of $57, 123.87 still due and owing to it against
Castle Sank, on a Letter of Credit furnished, signed and delivered to the United
City of Yorkville by Kendall Land Development, LLC, all in accordance with the
statutes and laws of the State of Illinois in cases made and provided.
K.R. & G. Excavating Partners, L.L. C . K. R. & G Excavating Partners, L. L. C.
Fredric Magis David Schnitz
Controller Project Manager
2
AFFIDAVIT
Fredric Magis, being first duly sworn on oath, deposes and says that he
is the Controller of K.R. & G . Excavating Partners, L. L. C . , the above-mentioned
claimant, that he is duly authorized to make this Affidavit on its behalf, and
that he has read the foregoing Notice of Claim under Contractor's Line of Credit
in Lieu of Bond and knows the contents thereof and the statements therein
contained are true .
Fredric Magis
Controller
Subscribed and sworn to before me
this /J4- day of January, 2009 .
OFFICIAL SEAL
fAYLE L ASHLEY
Notary Public - State of Illinois > AFFIDAVIT
My Commission Expires Jan. 253 2092
David Schnitz, being first duly sworn on oath, deposes and says that he
is the Project Manager of K. R. & G. Excavating Partners, L. L.C . , the above-
mentioned claimant, that he is duly authorized to make this Affidavit on its
behalf, and that he has read the foregoing Notice of Claim under Contractor's
Letter of Credit in Lieu of Bond and knows the contents thereof and the
statements therein contained are true.
David Schnitz
Project Manager
Subscribed and sworn to before me
this 1504L day of January, 2009 .
Notary Public
___- OFFICIAL SEAL ^ 3
OAYLE L AS�7LEY
Notary Public — S4e4e of Illinois �=
ray Commission Exptrsa Jan. 26, 2092
��vc�c.
CERTIFICATE OF SERVICE
I, Alan Garrow, an attorney, certify that on January 15 , 2009 , I served
this Notice of Claim Under Contractor's Letter of Credit in Lieu bf Bond as
follows:
Via Band Delivery
Valerie Burd, Mayor
Brendan McLaughlin, City Administrator
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
511w Fu,6E
it
Castle Bank
109 West Veterans Parkway
Yorkville, IL 60560
Via U.S. Postal Service Express Mail
Kendall Land Development, LLC
Attn: Kevin M. Gensler
123 Water Street
Naperville, IL 60540
Jaylar Corporation
c/ o Jason A. Humm
483 Willow Street
Elburn, IL 60119 .
Alan L. Gar ow
Subscribed and sworn to before me
this � day of January, 2009 .
Notary Public
Alan L. Garrow
Nealis & Garrow
510 South Batavia Avenue
Aurora, IL 60505
(630) 879- 1213
4
ACKNOWLEDGMENT OF RECEIPT
13 ereby acknowledge receipt of K . R. & G .
Excavating Partners, L. L. C. 's Notice of Claim Under Contractor's Letter of
Credit in Lieu of Bond by hand delivery this day of January, 2009 .
For the United City of orkville
I, 'C. V 4_k u v�- sc�� e ,� hereby acknowledge receipt of K. R. & G.
Excavating Partners, L. L. C . 's Notice of Claim Under Contractor's Letter of
Credit in Lieu of Bond by hand delivery this � day of January, 2009 .
For The Cast Bank
EXHIBIT "A"
KRSG Excavating Partners, LLC
Project: Kendallwood Estates
Invoice Invoice Invoice
Date No. Description Amount Retention Net Invoice Amount Paid Balance Due Date P21d Check No.
09/30/06 6796 Contract $ 6,200.00 $ 620.00 $ 5,580.00 $ 5,580.00 $ 620.00 2128/2007 8944718398
01/17/07 6859 Contract $ 2,400.00 $ 240.00 $ 2, 160.00 $ 2,400.00 $ - 2128/2007 6944718399
04/27/07 6902 Contract $ 98,750.00 $ 9,875.00 $ 88,875.00 $ 88,875.00 $ 9,875.00 5/24/2007 8414027782
04/27/07 6902 Non-Contract Work $ 18,407.10 $ 1,840.71 $ 16,566.39 $ 18,407.10 $ - 5/24/2007 8414027783
05/24/07 6917 Contract $ 322,166.25 $ 32,216.63 $ 289,949.62 $ 289,949.62 $ 32,216.63 6/22/2007 8914703246
0524107 6918 Non-Contract Work $ 10,364.09 $ - $ 10.364.09 $ 10364.09 $ - 6122/2007 8914703247
09/27/07 6992 Contract $ 42,350.00 $ 4,235.00 $ 38, 115.00 $ 38,115.00 $ 4,235.00 10/18/2007 8914703370
09/27/07 6993 Non-Contract Work $ 51 ,205.00 $ - $ 51 ,205.00 $ 51,205.00 $ - 10/18/2007 6914703370
10/29/07 7019 Contract $ 9,812.00 $ 981 .20 $ 8,830.80 $ 8,830.80 $ 981 .20 11/28/2007 8914703415
10129/07 7020 Non-Contract Work $ 11095.04 $ - $ 1 ,096.04 $ 1,096.04
07/23/08 7128 Contract $ 8,100.00 $ 810.00 $ 7,290.00 $ 8,100.00
$ 570,850.48 $ 50,818.54 $ 520,031.94 $ 513,726.61 $ 57,123.87
K. Ra & G, Excavating Partners, L..L . C,
7 S70NEHILL DRIVE OSWEGO, A.. 60543
830.551-7000 936554-7003 fan
KENDALL LAND DEVELOPMENT, LLC PROJECTNAME: KENOALLWOOD ESTATES INVOICE NUMBER: 6796
80 ASHKIRK CT. KRG PROJECT NUMBER: 8025
INVERNESS, IL 60010 DATE: 9130/2008
DRIGN REVISED QUANTITY FROM
AWARDED UNITS UNIT CONTRACT QUANTITY WIRSEG CONTRACT WMPLETEQ TOTAL PREVIOUS TOTAL QUANTITY OALANCE
DESCRIPTION ODANTITY PWCE TOTAL ear- QUANTITY TOTAL TOOATE TO DATE APPLR:ATIDN9 T1%SPER]W REMAINING TO FMISN
MOBILVATt01J _ _ lW EA SWO.W SS.WO.W 1W SS,OWW i.W SS,WO.W SS,OW.W OW 900]
�CONSTRLY.TION ENTRANCE 1.00 EA 120000 412WW 1W i],ZWW 1.W S11200W S1,2WW O.W 80W
TO➢Spl STRIPPING _ S]>Oa 00 CY 1.75 SBO.402W 51701W SW,4H2W f0W SD,OD 5170`1 So _ _ i9p.4LT 00
--- CLAY EXCAVATION I11W7.W CY 275 SSW.43125 111W7.W -- 5305,434.25 SOW SO.W 1110S70 1305.43125
FINE GRACE FOR PAVEMENT ANOCURB 22275.W SY 080 S1i,920.W 22275W 517,520.00 SO.W SOW 22276W $17420W
—_ _ _.— . -
BACNFJLLCURS 122SS.W LF 040 38612.W 12285W 88,e12W EO.W SOW_ 12S85W _ SB812W
RNEGRAOEFRONT LOT LINES FORVTILITY _.__ —t.W EA 50W.W SS,OW.W 1W 25.01? W —_—` sow IOW iW 35moW
INSTAIAT:ON
FINE GRADE FOR FE'TNNIN TION ENQE f W FA fOp00 W 517.000.00 1 W 510 WO W 10.00 SOW 1w S10OW W
TOPSOIL RESPREAP pETENTiON PONpS 5710W Cy 3W 517 13000 5 710W !117110W $000 SOW 5710W S17.1WW
UTIU]Y SPOIL PLACEMENT f46W00 CY 2W 126C00 W 14WOW 1284OWW _ SDW $0W 14pIX)Q. 328.00000
TO COMMON AREAS EWALK IN RIGHT OF WAY AOUCBJi
TO COMMON AREAS
f3Ct5W LF 220 A,W3.W i3S5W Y3,003.W 10.W SOW 1365W - - 33 W3W
TOPSOIL ftESPREA0IN RH3�NT TO
COMmpn ARE0.5 Z950W SY 125 $3.887.50 24W.W 53.487.W iO.W SOW 2990W 5368>50
TOTALS 5498 586.95 $498 588.75 $6,200.00 $0.00 $6,200.00 $49013611.75
LESS RETENTION 1$820.00} ($620.00$
LESS PREVIOUS REQUESTS $0.00 $0.00
NET DUE 15,550.00 SS 580.00
TOTAL AMOUNT DUE THIS INVOICE: $5,506.00
I N V O I C E
9 / 30 / 06 6796
KR&G EXCAVATING PARTNERS , LLC
7 STONEHILL DRIVE
OSWEGO IL 60543
CUSTOMER # 4068 SOB # 6025 KENDALLWOOD ESTATES
ATTENTION ; ACCOUNTS PAYABLE
KENDALL LAND DEVELOPMENT , LLC
90 ASHKIRK CT
INVERNESS IL 60010
PHASE - - - - - - - - - - - - - - - - - - - - - -DESCRIPTION
ASE
AMOUNT
1 WORK COMPLETED THIS PERIOD AT KENDALLWOOD ESTATES 61200 . 00
AS PER ATTACHED SCHEDULE OF VALUES
SUBTOTAL - - - > 61200 . 00
10% RETENTION - - - > - 620 . 00
TERMS : NET DUE 10 / 30 / 06 NET AMOUNT DUE $ 51580 . 00
K R. & G. Excavating Partners, LLC
7 Stonehill Drive Oswego, IL 50643
(630)554-7000 (630)554-7003 FAX
Invoice Number. 6859
KENDALL LAND DEVELOPMENT, INC. KRG Project Number: 6025
90 ASHKIRK COURT Project Name: KEN DALLWOOD ESTATES Invoice Date: 01117/2007
INVERNESS, IL 60010
Orgmal Renseo Quantity From
Awwdad unit Connect QvI I Co fact Cavptawit Taal Previous ToW Quantity Bararia
PlwbatO Oe Ia on Ooanay Units Pnw TOW + W- Ouaaey Taal to Date To Date Applioaeons This Pat" Remanirp to F M511
70 CMEXCAVATION 111W.00 CY 275 aW5,434 25 11 106f 00 $305,43,115 illw? w UMWYE
90 FINE GRADE F OR PAVEMEN I ANU CUPS =75W By Q'W 31182000 2m?b 00 W,&MOG 222750 107 52D 00
WSTA IATION
S3 I RL GRACE FOR SIDEWALK 114 1365 00 LP 220 13W300 1365CO S300300 7UT77-
RIGHT-OF-WAY ADJACENT TO COMMON
AREAS
121 1OPSUILRESPREAD IN RJUH1 u J, p — T711}37 J
ADJACENT TO COMMON AREAS
51 1 Z CUMRT PIPE IN ROAD OUCH �400 00 100 To $2.4m Do TIM "Amm V4(XW so Go
Totals $496,668.76 $498,968.79 S6,600.00 360200.00 $20400.00 5490,368.79
Lou Retanklon $(140.00)
es Not o rev ous Requests sp-ruil.00) $(51580.00
Not Due this Requesi ,
Total Amount Due This Invoice : $2,160.001
Excavating Paffrs, L. L. C.
An Illinois Limded Liabft Company 7 Sionehili Dave
Oswego, HL 60543
630-554-7000
Fax: 630-554-7003
PROPOSAL TO: DATE: 05102/07 PAGE: 1 OF 1
JAYLAR CORP. ATTENTION: Jason Humm PHONE: 630.616.7002
463 WILLOW STREET REFERENCE: KENDALLWOOD FAX: 630-365-3757
ELBURN, IL 60119 SUBJECT: MOBILE:
As per plans & drawings dated: Pages:
Engineer.
DESCRIPTION QUANTITY i UNIT ; PRICE AMOUNT
FURNISH AND PLACE RR #3 STONE IN DITCHES TO CONTROL EROSION
j I
I
STONE DELIVERED TO SITE t I TNi 27.25
PLACEMENT PER HOURLY RATE SHEET !
i
i
i
F
I
I
!
I
i 3 1
i
7
1
E
i
!
!
7 i
1 !
Notes:
IRSSPECTFULLYSILISMI ED,
PTE
K. R- G. EXCAVATING PART , L.L.C.
Dave Kellogg, C.E.O,
Itll9J/ CUUI IIGt/ A460 Pd6 RJU M Md A R li L'AWMllllb u " yt j P . i
" vutr vvL
K. s Excavating Partners,, L.L.C.
An W WS Lumped 7 Sb"10 Drft
ogwaa /A vow
Fax: 830466-70W
PROPOSAL TO: DATE. OIMM7 PAGE: 1 OF 9
JAYLAR CORP. ATTENTION; Jmen Hmm PHONEw. MU16.7002
483 WRlOW STREET REFERENCE MMDALLL=D FAX: Swawnv
ELSUM IL 69119 SU,glECT: CULVERT PIPE AlDBILE:
As per Perna6draw-- dated:
DESCRIFTTKJN I QUANTITY UNIT PRICE NT
i � f
INSTALL 60 LF OF 12R CULVERT PIPE AT KOMALLWOOD EMATES � � 1 1
12" CMP CULVERT PIPE 60.E LFI 94.76 07 i@ 00
PIPE DELIVERY 20,00i T6� 90.00 $200.00
PIPE DELIVERY AB� INSTAI!-gTON I 9.003 EA� 1 S1,A62,00
1 III !!!
{ I
i 1
I
� 1
I
i 6
i
I i
' f
i } i
Notes
lL TOTAL. $Mmoo
RESPEC F ���✓✓/
K R. E O. EXCAMATIliq PAMWffRS, L.LC.
Dave K011 . C,E.O.
K R. & G. Excavating Partners, LLC
7 StonehNl Drive Oswego, IL 60643
(630)554-7000 (630)554-7003 FAX
KENDALL LAND DEVELOPMENT, INC. Invoice Number. 6902
90 ASHKIRK COURT KRG Project Number, fi025
Project Name: KENDALLWOOD ESTATES Invoice Date: 04/27/2007
INVERNESS, IL 60010
Orlpinal RanaaU Quantity From
Avmoeo Unit Contract QumWly RavifM C1Kftrael CotoplolaC Total prevleua Total OwMly Balance
Deac,ptim QuaNlty Un84 Pnea To1N + or- Quinatty Tmal to WES To Dale ApplKetgn4 TNa PemM Ramalnm9 to F,mpn
10 MOBILIZATION 1 W EA 5000.00 $6.0W.W 1 W $5.00000 1D0 55,000.00 55.000.00 W.W 0 W W W
5D CONSTRUCTION ENTRANCE 1.00 EA 1200.00 SLM.00 1.00 $1.200.W 1.00 51.200 00 V.200 00 SO.W OW SOW
60 TOPSOIL STRIPPING $170400 CY 135 SW,482.W 51704.00 $W.48200 38000.00 886.250.00 5000 46B,250W 127W.00 522232.00
70 CLAY EXCAVATION 11/007.00 CY 175 5305,434.25 111067.00 5305,434.25 10=0D 527,50000 $am 527,500.00 10106700 $277,93425
y0 FINE GRADE FOR PAVEMENT AND CURB 2227500 SY 0.80 517,52QW 22273.00 $17,812OW 0.00 $0.00 $0.00 WOO 2227500 S17,82OW
10D BACKFILL CURB 12285.W LF 0.80 $0,81200 122115.00 89,81200 a0D SOW $000 5003 12265.00 $9.91200
91 FINE GRADE FRONT LOT LINES FOR 1.00 EA 500000 8$000.00 1.00 $5,000.00 0.00 WW 3000 000 1W $5.0000
UTILITY INSTALLATION
92 FINE GRADE FOR RETAINING WALL BASE 1.00 EA 10000.00 3101000.00 1.W 3101000.00 0.37 $3,000.00 000 ss.=.W 470 $7.000 OC
120 TOPSOIL RESPREAD DETENTION PONDS 5710.00 CY 3,W $17,1W.W 6710.00 $17,130.00 0.00 0W 0100 50.00 5710W $17.13000
110 UTILITY SPOIL PLACEMENT 14000.00 CY 2.00 328,000.00 14000.00 628.0O.W am 50.00 0.00 0.00 140W.L0 -rmow.W
93 FINE GRADE FOR SIDEWALK IN 1385.00 LF 220 33,003.00 1385.00 S3,W0.00 0.00 000 000 000 136500 $3 W3W
RIGHT-OF-WAY ADJACENT TO COMMON
AREAS
121 TOPSOIL RESPREAD IN RIGHT-OF-WAY 2950.00 SY 1.25 43.857.50 2490 W 53,867.50 0.00 W W 0DO SOW 2950W 53,587 50
ADJACENT TO COMMON AREAS
A01
A02 AODFTIDNALWORK:
51 INSTALL I7 CULVERT PIPE IN ROAD LS 2400.00 1.00 1.00 S2,4WW 100 32400.00 S2.4W00 W.W 'J.W 0000
DITCH (SEE KRO PROPOSAL DATED
01103r�1)
260 DIG OUT WET SPOT FOR RETAINING WALL HRLY 1570.W 1.00 1.00 $1,570.00 1.00 $1,57000 $000 51,570.00 :: 00 $0 .,R1
[SEE SUMMARY OF HOURLY WORK-APRIL
27. 2007 INVOICE)
261 LOAD AND HAUL OFF ASPHALT(SEE HRLY 1560.0 100 1.00 S1,550.W 100 S1.5W.50 000 31,550.50 ) 00 SOW
SUMMARY OF HOURLY WORK-APRIL 27,
2007 INVOICE)
262 TREE REMOVALAND EXCAVATION FOR HRLY 7785.00 100 100 $7785.80 100 $7.70 SO 000 87,75560 UW Wx
RETAINING WALL UNDERCUT, REFILL
UNDERCUT WITH CA-1 STONE tSEE
SUMMARY OF HOURLY WORK-APRIL 27,
2007 INVOICE)
160 ADDITIONALTREE REMOVAL IN HRLY 480.00 1.00 1.00 S48D.W 100 SIW.W $000 $40 00 OW So 00
CUL41E43A0 (SEE SUMMARY OF HOURLY
WORK.APRFI, 27, 2W7 INVOICE)
40 INSTALLADDITIONAL SILT FENCE AND HRLY STUD 1 W 1.00 $571.00 1.00 3571.00 Saw 5571.1113 OW W.W
STRAW SALES AS REWIRED BY CITY OF
YORKNCLE (SEE SUMMARY OF HOURLY
WORK-APRIL 27. 20071NVOICE)
I
K. R. & G. Excavating Partners, LLC
7 StonehAl Drive Oswego, IL 60643
(630)554-7000 (630)554-7003 FAA
KENDALL LAND DEVELOPMENT, INC. Invoice Number: 69®2
90 ASHKIRK COURT KRG Project Number. 6025
Project Name: KENDALLWOOD ESTATES Invoice Date: 04127/2007
INVERNESS, IL 60010
Oh9l" Reviwi Ov Iy From
Awarded Umt coneed Dul ty Revmed cantrad Cm Wed Tdtal Prevw,u Talal Ouancy iiaiQ e
Deempum Oe t,ly UNte PAW T" 4a- Ou iy Tote; IQ Dale To Date Applrcetioro This PKW Reme,n,np to Filch
161 CLEANUP OF TREE REMOVAL DEBRIS MRLY 645009 100 100 76.49000 loo 56,450.00 $0.00 $9,49000 0 W W W
ISEE SUMMMFY OF HOURLY WORK
APRIL 27. 2007 INVOICEI
Totols $06,688.75 $617,376.06 $1264757.10 $8,800.00 $117,157.10 8391,818.78
Less Retention
Less Not of moue Raq uae
Net ue this Request ,
Total Amount Due This Invoice: $ 105,441.39
fC. R. & G. Excavating Partners, LLC
7 Stonehiii Drive Oswego, it. 60643
(630)554-7000 (630)554-7003 FAX
KENDALL LAND DEVELOPMENT, INC. Invoice Number. 6917
90 ASHKIRK COURT KRG Project Number. 6025
Project Name: KENDALLWOOD ESTATES Invoice Date: 0512412007
INVERNESS, IL 60010
Oriprml Roy! OuaMlly Form
Aw dad UM Contract Quanwy Revlaee CWawt CmWete4 Total Prenoua Teti Quantiry 6®lanca
Oe9Nipoon Quantity until Rr Total + or- Qwmty Tole! to Data To Data Appacatbm T6N PanoC Rarttwnot9 to Fnlah
10 MOBILVATION 100 EA SWDOG $541)0.00 1.00 &5.000.00 100 45,00000 5S900.W WW VW 0000
50 CONSTRUCTION ENTRANCE 1 C EA IMOD St,20 ,00 1.W $1,20000 100 $1,20040 51,200.00 50.00 ON 5000
60 TOPSOIL STRIPPING 5170900 CY 1.75 500,4B2W 51704.00 $W411200 5170400 580.48200 388.250.00 $22,23200 OW so
70 CLAY EXCAVATION 111067.00 CY 275 $MS.434.25 11108700 3305.439.25 111067.00 3305,434.25 527,500.00 $277.83435 OW W W
90 FINE GRADE FOR PAVEMENT AND CURB 22275.00 SY 0.80 517,820.00 22275.00 917,620.W 0.00 WOO $0.00 50.00 22275W 51],82000
100 BACKFILL CURB 12265.00 LF 0.00 39,812.00 12285.00 $9912.00 0.00 $0.00 SOW 30.00 122W00 $9,812W
91 FINE G9iADE FRONT LOT ONES FOR 1.00 EA 5000.00 35.0W4o 1.00 $5.000.00 ow $O N $000 SA W IN 35.000 4
dn-HY INSTALLATION
92 FINE GRADE FOR RETAINING WALL BASE IN EA 10000.00 510,000.W I $10,00000 1.W 31101000 zGGWW 37.000.W U 00.00
120 TOPSOIL RESPREAD DETENTION PONDS 571000 Cy 3.00 317.130.00 5710.00 $17,130.00 500040 315.00000 Tow 515.00000 71000 12.13000
110 UTILITY SPOIL PLACEMENT 1400000 CY 2.00 $26,00040 14W0.00 $28,000 00 0.00 $000 SOW SOW 140W W $26.000 00
93 FINE GRADE FOR SIDEWALK IN 1365.00 LF 220 $3,003.00 138500 $3,00000 O.W $OW SOW SOW 1385W 5300300
RIGHT-OF-WAY ADJACENT TO COMMON
AR'-AS
121 TOPSOIL RESPREAD IN RIGHT-OF•WAY 29W W SY 1,25 $3.65T.W 2950.00 33,667 SO 0 CO $0 00 $000 WOW 295U W $3.687 W
ADJACENT TO COMMON AREAS
To18I6 $496,568.75 349&,968.78 $427,118.25 $104,850.00 $322,16625 $59,452.50
Lane Retention
Mae Net of ro oue Requests
Not Due this Request $211191949-62
Total Amount Due This invoice: $289,949,62
Excavating ners , LLC
7 Stonehill Road
Oswego, IL 60543
Phone (630)554-7000 Fax (630)554-7003
Customer ID K003 Invoice
Date 05/2412007 Page # 1
KENDALL LAND DEVELOPMENT, INC. ,lob ID 6025.1
90 ASHKIRK COURT
INVERNESS, IL 60010 KENDALLWOOD ESTATES
NON-CONTRACT WORK
Phone (847)651 -5110 Fax (630)365-3757
KENDALLWOOD ESTATES NON-CONTRACT WORK
Description Quantity U/M Price Total
RE-MOBILIZATION IN SPRING OF 2007 1 .00 EA $5,000.00 $5,000.00
PLACE RIP-RAP STONE FOR EROSION 1 .00 HRLY $3,529.09 $33529.09
CONTROL (SEE ATTACHED SUMMARY OF
HOURLY WORK)
EXCAVATE HOLE IN DETENTION POND AND 1 .00 HRLY $910.00 $910.00
W d9URY CONCRETE WALL (SEE ATTACHED
UMMARY OF HOURLY WORK)
TREE STUMP REMOVAL (SEE ATTACHED 1 .00 HRLY $925.00 $925.00
SUMMARY OF HOURLY WORK)
Net Amount Due $10,364.09
K R, & G. Excavating Partners, LLC
7 Sionehibi Drive Oswego, IL 60643
(630)550-7000 (630)554-7003 FAX
KENDALL LAND DEVELOPMENT, INC. Invoice Number: 6992
90 ASHKiRK COURT KRIS Project Number: 6025
Project Name: KENDALLWOOD ESTATES Invoice Date: 0912712007
INVERNESS, IL 60010
On rtaI RevaeE D1 Ijly From
Awsr440 Urd COnBaoi Ouentlty Re see Conesd Complalee Total PIeysw3 Total Ouently B41ons
Ofto%tim Duawty Units Price Total tor- Ooe081y Total to Dale To Dais APPlimban This ParelC P.emem,rg to Fm,eh
10 MOBILU:ATION 100 EA 15.".00 t.w 15.00000 1.00 5500000 S5= W sow 'i SJ Cp
60 CONSTRUCTION ENTRANCE 100 EA i2OOOD 51-200.00 1.00 $1,2m.w 100 51,2wm 51.20000 10.00 0 (z Sa 0C
60 TOPSOIL STRIPPW G 51704 m CY J.75 190.462.w 51704.00 500,482 W 5170400 190,482.00 $40.462 W sow O W s0 W
70 CLAY151tGAVATION 111067w GY 1305,434 TS 111087.00 $300.434.25 11106100 5305.43425 1305.43425 $O.w 000 lOW
90 FINE GRADE FOR PAVEMENT AND CURB 2227500 SY 0.80 $17,820.00 22275.00 517.82OW U275 117.820.00 WW 117.82000 OW spw
100 BACKFILL CUPS 122&500 LF 060 59.B1200 12285.00 s9,812w 0W WW WW W.W 12265W 5951202
91 FINE GRADE FRONT LOT LINES FOR 1 W EA 5WD CD 15,000.W 1 W S5,000.W 000 30.00 W W W W 1 00 65000m
UTILITY INSTALUATION _
92 FINE GRADE FOR RETAINING WALL BASE I EA 10W.00 $10,= W 1W 510.000w 1.00 $10,0Ow 31OODDW SOW OW w lOw
120 TOPSOIL RWREAD DETENTION PONDS $71000 CY 300 217,1WW 571000 S17,iW00 571000 117,130.00 $1500000 42.130.W 000 low
110 UTILRY $FOIL PLACEMENT 1400000 CY 200 S28.00000 14w0.00 3284000.00 11200.w $22,400w sow $2240000 28W00 55.600 00
93 FINE GRADE FOR SIDEWALK IN 136500 LF s1003.m 136500 A,m3W Ow Sow WOOD 30.00 136 W 13.W3 C0
RIG44T-0F-WAY ADJACENT TO COMMON
AREAS
121 TOPSOIL RESPREAO W RIGHT-CF-WAY 285000 SY 1.25 413,w7.50 2950 W 13,68750 0 W SO W W W som 2950.00 10.687 50
ADJACENT TO COMMON AREAS
Totela $496,568.75 $696,568.75 ¢489,488425 142T,M.25 142,380,00 $27,102.50
Less Ratentlan
$
Less Net o revous Requests - --
Nit Due this Request
Total Amount Due This Invoice: $38,115.00
Excavating a nary , LL
7 Stonehill Road
*k Oswego, IL 60543
Phone (630)554-7000 Fax (630)554-7003
Customer ID K003 Invoice # 6993
Date 09/27/2007 Page # 1
KENDALL LAND DEVELOPMENT, INC. Job ID 6025.1
90 ASHKIRK COURT
INVERNESS, IL 60010 KENDALLWOOD ESTATES
NON-CONTRACT WORK
Phone (847)651 -5110 Fax (630)365-3757
HOURLY WORK (9-10-07 THRU 9-25-07)
Description Quantity U/M Price Total
WORK TICKET DATED 9-10-07 1 .00 HRLY $2,640.00 $21640.00
WORK TICKET DATED 9-11 -07 1 .00 HRLY $2,330.00 $2,330.00
WORK TICKET DATED 9-12-07 1 .00 HRLY $875.00 $875.00
WORK TICKET DATED 9-13-07 1 .00 HRLY $4,207.50 $4,207.50
WORK TICKET DATED 9-14-07 1 .00 HRLY $4,980.00 $4,980.00
WORK TICKET DATED 9-17-07 1 .00 HRLY $61440.00 $6,440.00
WORK TICKET DATED 9-18-07 1 .00 HRLY $6,760.00 $6,760.00
WORK TICKET DATED 9-19-07 1 .00 HRLY $1 ,550.00 $1 ,550.00
,.JORK TICKET DATED 9-20-07 1 .00 HRLY $40300.00 $4,300.00
WORK TICKET DATED 9-21 -07 1 .00 HRLY $5,170.00 $5, 170.00
WORK TICKET DATED 9-24-07 1 .00 HRLY $5,605.00 $5,605.00
WORK TICKET DATED 9-25-07 1 .00 HRLY $1 , 147.50 $11147.50
WORK TICKET DATED 9-25-07 1 .00 HRLY $5,200.00 $5,200.00
Net Amount Due $51 ,205.00
K R, & G. Excavating Partners, LLC
7 Stonehlll Drive Oswego, IL 60643
(630)554.7000 (630)554.7003 FAX
KENDALL LAND DEVELOPMENT, INC. Invoice Number, 7019
90 ASHKIRK COURT KRG Project Number: 6025
Project Name: KENDALLWOOD ESTATES Invoice Date: 10/2912007
INVERNESS, IL 60010
0600al Revised atwItily Fram
AwmdW Una co�aa Qu lly RGA W Conlrea Cwplaled Taal Prawaue Total Duanliq BalerIoe
Deac,pem Q1.14VII11T Will Arm Taut + w - Ouantiry Towl at Data To Date ApplicaWs Thla Penod Remanng to F,n,<n
10 MOBILIZATION 1.00 EA sew 0 $5,000.00 1.00 $5,00000 I.W $5,000.00 551000-0 SOW OOO $O C4
50 CONSTRUCTION ENTRANCE 100 EA 120U,W 51,200.00 1.W $1,200.00 1.00 $1,200.00 51120000 50.00 OW 5000
60 TOPSOIL STRIPPING 51704.00 CY A 75 4W.492W 51704.W $90148200 51704-0 $90,482.00 $SG4W.00 $0.00 a W $9 W
70 CLAY EXCAVATION 11106T.W CY $305,43426 111057.00 $305,434.25 111057.00 $305,43425 $306,43425 $O.W O W SO W
go FINE GRADE FOR PAVEMENT AND CURB 2227SOD SY 0.50 417,820,00 22275.00 $17,92040 22275.W $17,820.00 $17,820.00 5000 OW $9W
100 BACI¢1LL CURB 1226500 LF GSG 39,61200 12285.00 $9,812,00 12265.OD $9,812.00 SSW 59.91200 OW $000
91 FINE GRADE FRONT LOT LINES FOR 100 EA $54WW 1.00 55100000 0.00 $000 $0.00 SOW 100 5500000
UTILITY INSTALLATION
92 FINE GRADE FOR RETAINING WALL BASE 1.00 E0. 10000.0tJ SI000000 100 $10,000.00 100 $10,0W.W $10,000.W so 000 SOW
120 TORSO& RESPREPD DETENTION PONDS WID.W CY 3 W 817,130.W 5710.00 $17,130.W 5710.00 $17,130,00 517,130 DD 60.00 OW SOW
110 UTILITY SPCIL PLACEMENT 14WO.00 CY 200 $28,000,00 14000.00 $28,00000 112WW UZ400.W $22,400.00 Sow 280000 55.6WW
93 FINE GRADE FOR SIDEWALK IN 1� W LF $3,000.00 1365.00 $3.000.00 QW $DW SOW WW 1365 'X1 $3.00300
RKYfF-OF-WAY ADJACENT TO COMMON
AREAS
121 TOPSOIL RESPREAD IN RIGHT-OF-WAY 2250W SY 1,25 $3,687.50 29SD.W 53,657 5O 000 $O.W S0 W $O.W 2950.W $3,687 5C
ADJACENT TO COMMON AREAS
Totals $496,666.75 $-96,568.7$ $479,278.25 $469,466.25 59,812.00 $17,290.50
Less Retention
Le" Not of rev ous Raqviasts . -o
Net Due thts Requist
Total Amount Due This Invoice: $8,830.80
Excavating Partners , LLC
7 Stonehill Road
Oswego, IL 60543
P
Phone (630)554-7000 Fax (630)554-7003
Customer ID K003 Invoice # 7
Date 10/29/2007 Page # 1
KENDALL LAND DEVELOPMENT, INC. Job ID 6025. 7
90 ASHKIRK COURT
INVERNESS, IL 60010 KENDALLWOOD ESTATES
NON-CONTRACT WORK
Phone (847)651 -5110 Fax (630)365-3757
HOURLY WORK (9126/07 AND 10/9107)
Description Quantity Ulm Price Total
WORK TICKET DATED 9/26107 1 .00 EA $368.54 $368.54
WORK TICKET DATED 10/9107 1 .00 EA $727.50 $727.50
Net Amount Due $1 ,096.04
K, R, & G. Excavating Partners, LLC
7 Stonehill Drive Oswego, IL 60643
(630)554-7000 (630)554-7003 FAX
KENDALL LAND DEVELOPMENT, INC. Invoice Number: 7128
90 ASHKIRK COURT KRIS Project Number: 6025
Project Name: KENOALLWOOD ESTATES Invoice Date: 0712312008
INVERNESS, IL 60010
oagmal Renwd Quanely From
Awarded Umt Contract Quantity Revised Contract Completed Total Prenous Talal 4ea'hLy Ra'.ence
Dascnptmn Qe5n14y Umis Pnce Retail . or- Ouanhly Tow] lO Date To Data AppeceUens This Penod Relue n ..g Lo mieh
10 MOBILIZATION 1W EA 0000 $5.00000 1.00 S5,000 DO IW $5,000 DO S5,W0 DO $000 UGo 53 UU
50 CONSTRUCTION ENTRANCE 1 D EA 12UO 03 $1.203 W 100 51.201100 100 Si.200W 4120000 $000 () W $i oU
60 TOPSOIL STRIPPING 51704 DO CY eo 590.40200 5170400 SW,48203 5170400 590,48200 $90.4d200 $000 063 S) 0o
71) CLAY E%CAVATION 11106700 CY 775 $305,43425 11100700 $305,43425 11105700 $3115,43425 5305.43425 $000 U00 SO 00
gD F INE GRACE FOR PAVEMENT AND CURB 2227500 SY S17.B2000 22275 D0 S17.820 GO 2227500 $17,82000 $17,nD OD saw 000 $060
100 BACUIL CURB 1226500 LF $9.01200 12265W $9,01200 12265W S9,512 DO $9,81290 $000 a $JW
500000 91 FINE GRADE FRONT LOT L INES FOR 100 EA $SOW.W 1.00 S5,OW.00 050 52,50000 $000 52.50000 a50 52501100
OT ILITY INSTALLATION
g2 FINE GRACE FOR RETAINING WALL BASE 100 EA I SIAD0000 1W SIO,WOW 1W $1D,W3W 510.00000 5000 OW $&IW
120 TOPSOIL RESPREAD DETENTION PONDS 910 W CY 517,130 W 571000 $17,150 W 5710 W 517,13000 $[7.130 W SO W C DO $0 00
110 UTILITY SPOIL PLACEMENT 1400000 CY 2 $20.0WM 14000.00 328.OWW 140WOO $28,00D DO $22.40000 $5.600 00 OW $OOD
93 FINE GRADE FOR SIDEWALK IN 136500 LF 2 S3.W3Do 136500 $3,00300 OW $OW 5000 $OW 13650 53.00300
RIGHT-0F-WAY ADJACENT TO COMMON
AREAS _
121 TOPSOIL RESPREAD IN RIGHT•OF•WAY 295000 BY $3.66750 295000 5388750 000 5000 $OW 5000 29:0 W 6366: 50
ADJACENT TO COMMON AREAS
Totals $496,568.75 $496,568.75 $487,378.25 $479,27625 58,100.00 $9,190.50
es6 Retention , $147,527.83) )
Less Fiat of revious ¢quests )
Not Due this Request $7,290.00 477290.00
Total Amount Due This Invoice : $7,290.00
`A� C/p y Reviewed By: Agenda Item Number
J= T Legal ❑ Li
Finance ❑
EST. , 1836 Engineer p,,,� "1�°`�
� T Tracking Number
{09 City Administrator ❑
N x`20 Consultant ❑❑ r w 9G Dq _`,
<4E �b
Agenda Item Summary Memo
Title: Kendallwood Estates—Call of Sitework Letter of Credit
Meeting and Date• February 17,2009 Public Works Committee
Synopsis: We have received a Notice of Claim from Aurora Blacktop, Inc. against the
Kendallwood Estates sitework letter of credit.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Authorize the City Clerk to call the Sitework LOC for the
amount of$59,774.75.
Submitted by: Joe Wywrot Engineering
Name Department
Agenda Item Notes:
C1,p
Memorandum
EST. - 1836 To: Brendan McLaughlin, City A muiistr
L W From: Joe Wywrot, City Engineer
CC: Kathy Orr, City Attorney UT
;���'� Lisa Pickering,Deputy City Clerk
CE Date: February 2,2009
Subject: Kendallwood Estates—Call of Sitework Letter of Credit
Castle Bank LOC No. 3000221071-901
Attached find a Notice of Claim in the amount of$58,674.75 from Aurora Blacktop, Inc. against
the referenced sitework letter of credit for the Kendallwood Estates development. Also attached
find copies of two letters from Kathy Orr(one to Aurora Blacktop's attorney and one to the
developer's attorney) stating that the city shall draw from the letter of credit in the amount of the
claim plus $1100 to reimburse the city for attorney costs.
I recommend that the City Clerk be authorized to call Castle Bank Letter of Credit No.
3000221071-901 for Kendallwood Estates in the amount of$59,774.75. The basis for calling the
LOC is that the city has determined that the public improvements or other improvements covered
by the letter of credit have been or are likely to be the subject of liens or other claims by
contractors, subcontractors or third parties.
Please place this item on the Public Works Committee agenda of February 17, 2009 for
consideration.
January 30, 2009
Jerome Leifheit
c/o Dickson & Hasenbalg
2000 West Galena Blvd.
Suite 305
Aurora, Illinois 60506
Re: Notice of Claim under Contractor 's Letter of Credit
Dear Mr. Leifheit:
We are in receipt of the referenced Notice of Claim from Aurora Blacktop, Inc., in the amount of
$58,674.75.
In accordance with the provisions of the terms of the Letter of Credit, the City is prepared to draw
upon the Letter of Credit and hold the amount demanded in escrow until the City receives a joint direction
from Aurora Blacktop, Inc., Kendall Land Development, LLC and Jaylar Corporation or an order of court
directing payment.
All amounts drawn by the City shall be held in escrow awaiting written direction for payment as
hereinabove stated.
Very truly yours,
KATHLEEN FIELD ORR & ASSOCIATES
KATHLEEN FIELD ORR
KFO/kms
January 30, 2009
Kendall Land Development, LLC
123 Water Street
Naperville, Illinois 60540
Attention: Kevin M. Gensler
Jaylar Corporation
c/o Jason A. Humm
483 Willow Street
Elburn, Illinois 60119
Re: Notice of Claim under Contractor 's Letter of Credit
Gentlemen:
We are in receipt of the referenced Notice of Claim from Aurora Blacktop, Inc., in the amount of
$58,674.87 as the amount due and owing for furnishing the labor and materials for mass grading,
excavation and earthwork at Kendallwood Estates Development.
On February 20, 2008, as thereafter extended, you delivered an irrevocable letter of credit to the
United City of Yorkville in the amount of $2,219,873.97 of which $1 ,857,386.47 remains in place. By
the terms of this irrevocable letter, certain occurrences constituted a default on the part of the Developer
entitling the City to make a demand on this letter of credit. Among the list of six items considered to be a
default was "that the City of Yorkville has determined that the public improvements covered by this
commitment have been or are likely to be the subject of liens or other claims by contractors,
subcontractors, or third parties;"
Given the Notice of Claim as referenced above, the City Clerk shall immediately contact Castle
Bank, the issuer of the letter of credit to demand a draw down in the amount of $58,674.75 to cover such
claim and an additional $1 , 100 as attorney costs incurred to date in connection with such claim.
Very truly yours,
KATHLEEN FIELD ORR & ASSOCIATES
KATHLEEN FIELD ORR
N � ��
NOTICE OF CLAIM UNDER CONTRACTOR'S LETTER OF CREDIT IN LIEU OF BOND
To: Valerie Burd, Mayor - Certified 91 7108 2133 3933 7748 1361
Brendan McLaughlin, City Administrator - Certified 91 7108 2133 3933
77481378
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Darrin VanBibber, Vice President - Certified 917108 2133 3933 7748 1385
Castle Bank
109 W. Veterans Parkway
Yorkville, IL 60560
Kendall Land Development, LLC - Certified 917108 2133 3933 7748 1392
Attention: Kevin M. Gensler
123 Water Street
Naperville, IL 60540
Jaylar Corporation - Certified 91 7108 2133 3933 7748 1408
c/o Jason A. Humm
483 Willow Street
Elburn, IL 60119
YOU AND EACH OF YOU ARE HEREBY NOTIFIED that the undersigned, AURORA
BLACKTOP, INC. , a corporation duly organized and existing under and by virtue of the laws of the
State of Illinois, with its principal place of business at 1065 Sard Avenue, Montgomery, Illinois
60538, entered onto a subcontract with JAYLAR CORPORATION , the prime contractor for
KENDALL LAND DEVELOPMENT, LLC, to furnish certain labor and materials necessary for the
excavation , milling and installation of pavement, as described in the invoice attached hereto as
Exhibit A, for a certain public improvement known as VanEmmon Road for the United City of
Yorkville.
YOU ARE FURTHER NOTIFIED that AURORA BLACKTOP, INC. did furnish and deliver
to JAYLAR CORPORATION, at the place of said improvements, the labor and materials described
on the attached Exhibit A, which were used therein, and that the furnishing of this labor and
materials was completed on the 18'h day of May, 2008.
YOU ARE FURTHER NOTIFIED that after allowing alijust credits, deductions, and set-offs,
there is now due and owing to AURORA BLACKTOP, INC. , for furnishing the labor and materials
described in the attached Exhibit A, for use in and that were used and incorporated into the
improvement, a balance in the sum of $58,674.75. .
YOU ARE FURTHER NOTIFIED that AURORA BLACKTOP, INC. makes claim for the sum
of $58,674.75 still due and owing to it against Castle Bank, on a Letter of Credit furnished, signed,
and delivered to the UNITED CITY OF YORKVILLE by KENDALL LAND DEVELOPMENT, LLC,
all in accordance with the statutes and laws of the State of Illinois in cases made and provided.
AURORA BLACKTOP, INC.
By:
Jerome elf
its Presi t
AFFIDAVIT
Jerome Leifheit, being first duly sworn on oath, deposes and says that he is President of
Aurora Blacktop, Inc., above-mentioned claimant, that he is duly .authorized to make this Affidavit
in its behalf, and that he has read the foregoing Notice of Claim under Contractor's Bonds and
knows the contents thereof and the statements therein contained are true.
Jerome LeiI
SUBSCRIBED and SWORN tobefore me
this72nd dayof ortnhpr 12008.
N ary Public OFFICIAL SEAL
HELEN F LEIFHEIT
This document prepared by: LNOTARY PUsuc • STATE OF auNOIS
Craig D. Hasenbalg COMBS" EXPIRES-1`110110
DICKSON & HASENBALG
2000 W Galena Boulevard - Suite 305
Aurora, IL 60506
(630) 859-3300 phone; (630) 859-3375 facsimile
\\DhdcW ubllc\HOME\MC\CORP\AURORA SLACKTOP\kendallwood-notice-claim.wpd
1FJ/ 08/2008 10 : 14 63089234°/ AUR'UKA SLAUKIUH HAUL dal b3
C P IN
1065 Sard Avenue
Mantoomery, MInGN 60538
PHONE (680) 892x9389 FAX (630) 892.3481
ASPHALT PAWNG OF ALL TYPES ROAD OILS
Jaylar Corporation
483 Willow St InvpIce
Elburn, IL 60119
Phone Date Wipice 0
5/19/2008 2143
P,O. No. Terms Project
Net 30 Days `
Quantity units Description Rate A fount
RE: KENDgLLWOOD E5TATES/YORKVILLE 0.00 0,00
PATCHING VAN EMMON ROAD:
1571 SY TO EXCAVATE AND INSTALL 6" BINDER 28.75 44,166.25
11363 LF TO MILL EXISTING PAVEMENT TO CENTER LINE 2.00 2,726,00
OF ROAD
2,270 SY INSTALL 1 .5" SURFACE (INCLUDES TACK COAT) 4.75 10,782,50
IL Sales Tax 6.75% 0.00
iI
i
EXHIBIT
ATTN: JASON HUMM
®� � $58,674.75
Reviewed By:
J2 T Legal ❑ Agenda Item Number
° g Finance (,A }l S
El
Engineer NY
y City Administrator ❑ Tracking Number
Consultant ❑ P V4 a OU9 - Is
Fl
LE
Agenda Item Summary Memo
Title: Saravanos Development—Letter of Credit No. 150017273-202
Meeting and Date: February 17, 2009 Public Works Committee Meeting
Synopsis: The sitework letter of credit is due to expire on June 14, 2009.
Recommend authorizing the City Clerk to call the LOC if it is not renewed.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Authorize the City Clerk to call the Letter of Credit if it is not
renewed by May 29,2009.
Submitted by: Joe Wywrot Engineering
Name Department
Agenda Item Notes:
♦QED cip
,? $ Memorandum
EST. 1836 To: Brendan McLaughlin, City ' 's a r
From: Joe Wywrot, City Engineer
9 I� =p CC: Lisa Pickering, Deputy City rk
<<E ��'y Date: February 6,2009
Subject: Saravanos Development—Sitework Letter of Credit Expiration
First Midwest Bank Letter of Credit#150017273-202
Attached find a notice from First Midwest Bank dated January 30, 2009 that the sitework letter
of credit for the Saravanos development will expire on June 14,2009. This letter of credit, in the
amount of$193,573.88, guarantees satisfactory completion of all land improvements for this
development with the exception of earthwork and Route 47 improvements.
I will notify the developer that this letter of credit needs to be renewed, and I anticipate that it
will. In the meantime,however, I recommend that City Council authorize the City Clerk to call
the letter of credit if it is not renewed prior to May 29, 2009.
Please place this item on the Public Works Committee agenda of February 17, 2009 for
consideration.
First Midwest Bank
300 North Hunt Club Road
.ill► First Midwest ORIGIN + Gurnee,El qis 60031
January 30, 2009
Sent by Certified Mail, Return Receipt Number 7002 3150 0006 1812 9393
City of Yorkville
Attn: City Clerk
800 Game Farm Road
Yorkville, Illinois 60560
Re: First Midwest Bank
Letter of Credit No. 150017273-202
Saravanos Properties,LLC
Gentlemen:
h1 accordance with the terms and conditions of the above referenced Letter of Credit issued in
your favor in the current amount of $193,573.88, we hereby inform you of the impending
expiration date of June 14,2009.
Sincerely, /
Evangel e Patricio
Loan Operations Officer
cc: Saravanos Properties,LLC
Brian Minnis
UA
U
LENOER Member FDIC
X,QED C/py Reviewed By: Agenda Item Number
J= o :" T Legal El 1 :
Finance ❑
EST. , ® 1836
Engineer Tracking Number
-4 � City Administrator ❑
Consultant ❑ '7 VV (9 L)C9 _ lct
LE
Agenda Item Summary Memo
Title: Caledonia(Phases 1 & 2)— Sitework Reduction#2; Landscaping Reduction#1
Meeting and Date: February 17, 2009 Public Works Committee
Synopsis: These four letter of credit reductions are based on work completed to date.
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. , _ 1836 To: Brendan McLaughlin, City A 'stra r
From: Joe Wywrot, City Engineer ��
0
9
p CC: Lisa Pickering, Deputy City rk
Date: February 10,2009
Subject: Caledonia(Phases 1 &2)
Sitework LOC Reductions No.2
Landscape LOC Reductions No.l
Attached find a request from the Caledonia developer's project manager to reduce the Sitework
and landscaping letters of credit based on work completed to date. I have reviewed the request
and in general concur with estimate of substantially completed work. There were some minor
differences in the calculations,however,which are detailed below:
Phase 1 Sitework
The developer requested a 70%reduction for several erosion-control items. Our policy is to not
reduce erosion-control items below 50%until final acceptance. There was also an addition error
in the developer's calculations.
Phase 2 Sitework
There was a minor math error in the developer's calculations.
Phase 2 Landscaping
The original letter of credit did not guarantee the landscaping of Lot B, which is an open-space
lot along the east side of the development where a swale is located. The developer agreed to
landscape that lot and to incorporate the value of that work in the first LOC reduction request.
The submitted calculations,however, did not include Lot B.
After making the adjustments/corrections described above,I recommend reductions to the four
Caledonia letters of credit from Old Second Bank as follows:
LOC No. For Current Amount Reduction Remaining Amount
2912 Ph.1 Sitework $1,091,488,36 $345,724.01 $745,764.75
2927 Ph.1 Landscaping $ 138,436.65 $ 81,284.85 $ 57,151.80
2968 Ph.2 Sitework $ 420,220.08 $ 58,707.63 $361,512.45
309000356 Ph.2 Landscaping $ 82,027.00 $ 12,160.50 $ 69,866.50
Please refer to the attachments for details.
Please place this reduction request on the Public Works Committee agenda of February 17,2009
for consideration.
10-Feb-09
Letter of Credit/Bond Reduction
Subdivision: Caledonia Subdivision - Phase 1 Sitework
Reduction No. 2
Bond/LOC No. Old Second Bank - LOC #2912
Theoretical LOC/Bond
Approved Original amount Bond amount Amount complete prior Amount of Amount to remain
Item Eng. Est. for LOC/Bond prior to Red.#2 to Reduction No.2 Reduction No.2 after Red. No.2
Demolition $10,000.00 $11 ,000.00 $1 ,500.00 $102000.00 $0.00 $1 ,500.00
Erosion Control $101 ,005.00 $1112105.50 $89,036.05 $83,692.75 $57,438.66 $31 ,597.39
Excavation $1 ,0215131 .50 $12123,244.65 $1802339.73 $1 ,008,531 .50 $15,200.01 $165, 139.73
Storm Sewer $9492242.50 $1 ,044, 166.75 $1422386.38 $949,242.50 $0.00 $142,386.38
Pavement $885,280.00 $9737808.00 $5592969.00 $723,078.25 $273,085.34 $286,883.66
Watermain $415,495.00 $457,044.50 $622324.25 $415,495.00 $0.00 $62,324.25
Sanitary $372.889.00 $410. 177.90 $55,933.35 $372,889. 00 $0.00 $55,933.35
Totals $31755,043.00 $42130,547.30 $1 ,091 ,488.76 $3,562,929.00 $345,724.01 $745,764.75
Notes: a) LOC/Bond amt. to be 15% of substantially completed items plus 110% of uncompleted items prior to final acceptance.
b) LOC/Bond reduced to 10% at final acceptance.
c) Pavement also includes sidewalk & streetlighting.
d) Landscaping covered by separate LOC.
FILE NAME:SPACECORnalCostEsti atePhasel .B K.011106.xis
Jp ii� EC f 'p Ne �E
1/13/20061
.
Engineer's Opinion of Probable Construction Cost
UNIT
ITEM ONTY UNIT PRICE AMOUNT
A. Demolition & Debris Removal
1 . CLEARING AND GRUBBING 1 .0 L.S. $10,000.00 $10,000.00
1
A. Demolition & Debris Removal Sub-Total = $10,000.00
B. Soil Erosion Sediment Control
1 . SILT FENCING 9, 190 L.F. $2.00 $18,380.00 - So *"
2. STABILIZED ENTRANCE 2 EACH $2,000.00 $41000.00 -
3. EROSION CONTROL INLET 45 EACH $50.00 $2,250.00
4. STRAW BALE DRAINAGE STRUCTURE 73 EACH $50.00 $3,650.00 501,,
5. EROSION CONTROL OUTLET 7 EACH $500.00 $3,500.00
6. OVERFLOW DITCH SEEDING AND BLANKET 1 ,950 L. F. $25.00 $48,750.00 Vol
7. SEEDING-LOTS A AND D 5.72 AC. $2,250.00 $12,870.00
8. SEEDING-PARKWAYS 3.38 AC. $2,250.00 $7,605.00 ° ate l
B. Soil Erosion Sediment Control Sub-Total = $101 ,005.00 1' 9di
C. Excavation
1 . TOPSOIL STRIP TO STOCKPILE FOR RESPREAD 27,093 C.Y. $2.00 $54, 186.00 V3 % Vc
2. TOPSOIL STRIP TO STOCKPILE 108,530 C.Y. $2.00 $217,060.00 '
3. RESPREAD PARKWAYS 6" RESPREAD 2,800 C.Y. $4.50 $12,600.00 ' 0�4
4. RESPREAD LOT A, LOT D, SOUTH OF LOT D 6 RESPREAD 8,000 C.Y. $2.00 $16,000.00 ` 4O7
" v
5. CLAY CUT TO FILL 226,526 C.Y. $2.25 $509,683.50
6. CLAY CUT TO STOCKPILE 29,585 C.Y. $2.00 $59,170.00
7. OVERFLOW DITCH CONSTRUCTION 1 ,950 L.F. $65.00 $126,750.00 1� `
8. FINE GRADE ROADWAY 22,420 S.Y. $0.60 $13,452.00
9. BACKFILL CURB 12,230 L.F. $1 .00 $12,230.00
C. Excavation Sub-Total = $1 ,0 50 1111,® ibz ����'1�4�
D. Drainage Improvements
1 . STORM SEWER, RCP, CL IV 54" 785 L.F. $100.00 $78,500.00
2. STORM SEWER, RCP, CL IV 48" 346 L. F. $75.00 $250950.00
3. STORM SEWER, RCP, CL IV 42" 1 ,691 L. F. $65.00 $109,915.00
4. STORM SEWER, RCP, CL IV 36" 984 L.F. $50.00 $49,200.00
5. STORM SEWER, RCP, CL IV 30" 1 ,247 L.F. $40.00 $49,880.00
Template Page 1 of 5
FILENAME:SPACECOFinal CostEstimatePhasel .BSK.011106.x1s SryA CEC® INC,
1/13/2006]
Engineer's Opinion of Probable Construction Cost
UNIT
ITEM ONTY UNIT PRICE AMOUNT
6. STORM SEWER, RCP, CL IV 27" 601 L.F. $37.50 $22,537.50
7. STORM SEWER, RCP, CL IV 24" 418 L.F. $35.00 $14,630.00
8. STORM SEWER, RCP, CL IV 21 " 806 L. F. $30.00 $241180.00
9. STORM SEWER, RCP, CL IV 18" 1 ,910 L.F. $25.00 $47,750.00
10. STORM SEWER, RCP, CL IV 15" 2,880 L.F. $22.50 $64,800.00
11 . STORM SEWER, RCP, CL IV 12" 1 ,848 L.F. $20.00 $36,960.00
12. STORM TRENCH BACKFILL >18" DIA. 290 L.F. $50.00 $14,500.00
13. STORM TRENCH BACKFILL <18" DIA. 945 L.F. $12.00 $11 ,340.00
14. STORM MANHOLE 120" DIA. 1 EACH $11 ,500.00 $11 ,500.00
15. STORM MANHOLE 108" DIA. 3 EACH $91000.00 $272000.00
16. STORM MANHOLE 96" DIA. 1 EACH $7,000.00 $71000.00
17. STORM MANHOLE 84" DIA. 2 EACH $5,000.00 $10,000.00
18. STORM MANHOLE 72" DIA. 11 EACH $3,500.00 $38,500.00
19. STORM MANHOLE 60" DIA. 15 EACH $2,500.00 $371500.00
20. STORM MANHOLE 48" DIA. 4 EACH $1 ,500.00 $61000.00
21 . CATCH BASIN 84" DIA. 1 EACH $6,000.00 $6,000.00
22. CATCH BASIN 72" DIA. 1 EACH $4,000.00 $4,000.00
23. CATCH BASIN 60" DIA. 29 EACH $3,000.00 $871000.00
24. CATCH BASIN 48" DIA. 54 EACH $2,250.00 $121 ,500.00
25. INLET 24" DIA. 30 EACH $500.00 $15,000.00
26. FLARED END SECTION, W/GRATE 42" 2 EACH $1 ,900.00 $31800.00
27. FLARED END SECTION, W/GRATE 36" 1 EACH $1 ,500.00 $1 ,500.00
28. FLARED END SECTION, W/GRATE 30" 1 EACH $1 ,350.00 $1 ,350.00
29. FLARED END SECTION, W/GRATE 18" 1 EACH $800.00 $800.00
30. FLARED END SECTION, W/GRATE 15" 1 EACH $700.00 $700.00
31 . STORM SERVICE, PVC SDR 26 6" 73 EACH $250.00 $18,250.00
32. CONNECT TO EX. CB/MH 2 EACH $850.00 $1 ,700.00
D. Drainage Improvements Sub-Total = $949,242.50
c 44`1 1P'3 n s
Template Page 2 of 5
LE NAME:SPACECOFi nal CostEstimatePhasel .BSK.011106,xls S �PlEd ®f INC ,Itl � .
1/13/2006]
Engineer's Opinion of Probable Construction Cost
UNIT
ITEM OTY UNIT PRICE AMOUNT
E. Roadway Improvements ./
1 . BITUMINOUS SURFACE COURSE 1 .511, CL 1 18,345 S.Y. $3.50 $64,207.50 ° °
2. BITUMINOUS SURFACE COURSE 1 .511, CL 1 18,345 S.Y. $3.50 $64,207.50 - , 1.
3. BITUMINOUS BINDER COURSE 5.0", CL 1 18,345 S.Y. $9.50 $174,277.501
4. AGGREGATE BASE, TYPE B 4" 18,345 S .Y. $4.50 $82,552.505` \p"l-
5. GEOTEXTILE FABRIC SUBGRADE FABRIC 22,420 S.Y. $1 .25 $280025.00
6. CURB & GUTTER, (w/ AGGR) B-6.12 12,230 L.F. $11 .50 $140,645.00
7. PCC SIDEWALK 5" THICK, ON 2" CA-6 53,710 S. F. $150 $1871985.00 ) 7;`/•
8. PCC SIDEWALK ACROSS DRIVEWAY 6" THICK, ON 2" CA-6 7,440 S.F. $4.00 $29,760.00 V.
9. STREET LIGHTING COMPLETE 23 EACH $4,500.00 $103,500.00 ' "O
10. REMOVE EX. CUL-DE-SAC PAVEMENT 850 S.Y. $9.00 $7,650.00 0 2
11 . REMOVE EX. CUL-DE-SAC CURB AND GUTTER 380 L.F. $6.50 $2,470.00
E. Roadway Improvements Sub-Total = $88 .00 -1.0®° &S AI
F. Watermain Improvements
1 . FIRE HYDRANT W/AUX. VALVE AND Bt 30 EACH $2,000.00 $602000.00
2. WM, DI CL 52 W/FITTINGS 16" 880 L.F. $50.00 $44,000.00
3. WM, DI CL 52 W/FITTINGS 12" 1 ,800 L.F. $39.50 $71 ,100.00
4. WM, DI CL 52 W/FITTINGS 8" 6,040 L.F. $25.50 $154,020.00
5. WATER SERVICES, W/B-BOX 1 "-LONG 25 EACH $875.00 $21 ,875.00
6. WATER SERVICES, W/B-BOX 1 "-SHORT 48 EACH $375.00 $18,000.00
7. VALVE 16" IN 60" VAULT 2 EACH $3,000.00 $6,000.00
8. VALVE 12" IN 60" VAULT 3 EACH $2,400.00 $7,200.00
9. VALVE 8" IN BOX 18 EACH $1 , 100.00 $19,800.00
10. PLUG AND BLOCK STUB 2 EACH $250.00 $500.00
11 . CONNECT TO EXISTING 2 EACH $500.00 $1 ,000.00
12. WM TRENCH BACKFILL LINEAL FOOT 800 L.F. $15.00 $12,000.00
F. Watermain Improvements Sub-Total = $415,495.00 t � 6
sr�&
G. Sanitary Sewer Improvements
1 . SANITARY SEWER, PVC SDR 26 10", 10'-15' DEEP 433 L.F. $30.00 $12,990.00
2. SANITARY SEWER, PVC SDR 26 8", 15'-20' DEEP 256 L.F. $34.00 $8,704.00
3. SANITARY SEWER, PVC SDR 26 811, 10'-15' DEEP 4,590 L.F. $28.00 $128,520.00
4. SANITARY SEWER, PVC SDR 26 8", <10' DEEP 1 ,971 L. F. $25.00 $49,275.00
Template Page 3 of 5
.7I'F1v EC®� INC. FILE NAME:SPACECOFinalCostEstimatePhasel .BSK.01,32006]
Engineer's Opinion of Probable Construction Cost
UNIT
ITEM ONTY UNIT PRICE AMOUNT
5. SANITARY MANHOLE, TYPE A 48" DIA, 15'-20' DEEP 1 EACH $3,000.00 $32000.00
6. SANITARY MANHOLE, TYPE A 48" DIA, 10'-15' DEEP 25 EACH $2,500.00 $62,500.00
7. SANITARY MANHOLE, TYPE A 48" DIA, <10' DEEP 10 EACH $2,000.00 $20,000.00
8. SANITARY SERVICES LONG 46 EACH $1 ,250.00 $57,500.00
9. SANITARY SERVICES SHORT 27 EACH $550.00 $14,850.00
10. SANITARY TRENCH BACKFILL > 15' DEEP 45 L.F. $40.00 $1 ,600.00
11 . SANITARY TRENCH BACKFILL 10'-15' DEEP 265 L.F. $30.00 $7,950.00
12. SANITARY TRENCH BACKFILL <10' DEEP 240 L.F. $20.00 $4,800.00
13. CONNECT TO EX. MANHOLE 1 EACH $1 ,000.00 $1 ,000.00 l
G. Sanitary Sewer Improvements Sub-Total = $372,889.00
_°^ ?
SUBTOTAL= $3,7557043.00
10% CONTINGENCY = $375,504.30
TOTAL= $4,1301547.30
Page 4 of 5
Template
10-Feb-09
Letter of Credit/Bond Reduction
Subdivision: Caledonia Subdivision - Phase 1 Landscaping
Reduction No. 1
Bond/LOC No. Old Second Bank - LOC #2927
LOC/Bond
Approved Original amount LOC Amount Amount complete prior Amount of Amount to remain
Item Encl. Est. for LOC/Bond Prior to Red.#1 to Reduction No. 1 Reduction No. 1 after Red. No. 1
Shade Trees $892530.00 $98,483.00 $98,483.00 $49,241 .50 $46,779.43 $51 ,703. 58
Ornamental Trees $4,320.00 $4,752.00 $4,752.00 $4,320.00 $4, 104.00 $648.00
Evergreen Trees $92200.00 $10, 120.00 $10, 120.00 $9,200.00 $8,740.00 $1 ,380.00
Deciduous Shrubs $5,376.00 $5,913.60 $5,913.60 $55376.00 $5, 107.20 $806.40
Evergreen Shrubs $350.00 $385.00 $385.00 $350.00 $332.50 $52.50
Perrenials $1 ,012.00 $12113.20 $12113.20 $1 ,012.00 $961 .40 $151 .80
Miscellaneous $16,063.50 $17.669.85 $17.669.85 $16.063.50 $15,260.33 $2,409.53
Totals $125,851 .50 $138,436.65 $138,436.65 $85,563.00 $812284.85 $57, 151 .80
Notes: a) LOC/Bond amt. to be 15% of substantially completed items plus 110% of uncompleted items prior to final acceptance.
b) LOC/Bond reduced to 10% at final acceptance.
c) Pavement also includes sidewalk & streetlighting.
d) Landscaping covered by separate LOC.
CALEDONIA September 12, 2005
Yorkville, Illinois Page 1 of 3
Wyndham Deerpoint
Cost Estimate for Landscape Work. Landscape Plan dated 9/16/05
Key Ouantity Botanical/Common Name Size Remarks Cost Extension
SHADE TREES
AF 43 Acerfreemanii 21/2" Cal. 400.00 175200.00
AUTUMN BLAZE MAPLE
CO 36 Celtis occidentalis 2 1/2" Cal. 390.00 14,040.00
COMMON HACKBERRY
GT 37 Gleditsia triacanthos inermis 'Skyline' 2 1/2" Cal. 390.00 14,430.00
SKYLINE HONEYLOCUST
QB 27 Quercus bicolor 2 1/2" Cal. 390.00 10,530.00
SWAMP WHITE OAK �S
QM 12 Quercus macrocarpa 2 1/2" Cal. 390.00 45680.00
BUR OAK
TC 27 Tilia cordata 'Greenspire' 2 1/2" Cal. 390.00 10,530.00
GREENSPIRE LINDEN
TC4 8 Tilia cordata 'Greenspue' 4" Cal. 900.00 7,200.00
GREENSPIRE LINDEN
UR 28 Uhnus carpinifolia 'Regal' 2 1/2" Cal. 390.00 10,920.00
REGAL SMOOTHLEAF ELM
ORNAMENTAL TREES
AM 10 Acer ginnala 6' Tall Clump Form 270.00 23700.00
AMUR MAPLE f
1
BN 6 Betula nigra 6' Tall Clump Form 270.00 11620.00
RIVER BIRCH
L:ProjectsV_cost estimates\
M0421 M CE02.xls
CALEDONIA September 12, 2005
Yorkville, Illinois Page 2 of 3
Wyndham Deerpoint
Cost Estimate for Landscape Work. Landscape Plan dated 9/16/05
Key Ouantity Botanical/Common Name Size Remarks Cost Extension
EVERGREEN TREES
AC 3 Abies concolor 8' Tall 400.00 19200.00
WHITE FIR
PG 13 Picea glauca 'Densata' 8' Tall 400.00 5,200.00
BLACK HILLS SPRUCE
PP 7 Piceapungens 8' Tall 400.00 2,800.00
GREEN COLORADO SPRUCE
DECIDUOUS SHRUBS
CA 63 Cotoneaster acutifolius 30" Tall 4' O.C. 32.00 2,016.00
PEKING COTONEASTER 1 f•
VD 105 Viburnum dentatum 'Chicago Lustre' 30" Tall 5' 0.C. 32.00 3,360.00
CHICAGO LUSTRE VIBURNUM
EVERGREEN SHRUBS
JS 10 Juniperus chinensis 'Sargentii' 24" Wide Y O.C. 35.00 350.00 1 v
U GREEN SARGENT JUNIPER 6" Tall
PERENNIALS AND ORNAMENTAL GRASSES
HS 18 Hemerocallis 'Stella de Oro' 1 Gal. 18" O.C. 11 .00 198.00
DAYLILY
PA 74 Pennisetum alopecuroides 1 Gal. 24" O.C. 11 .00 814.00
FOUNTAIN GRASS
LProjectsU_cost_estimares\
M0421 Phst CE02.xls
CALEDONIA September 12, 2005
Yorkville, Illinois Page 3 of 3
Wyndham Deerpoint
Cost Estimate for Landscape Work. Landscape Plan dated 9/16/05
MISCELLAEOUS
1 . 1 Seed with Erosion Control Blanket (S75) AC. 7,800.00 8,580.00
950 Seed with Erosion Control Blanket (C350) SY. 5.25 4,987.50 .�
3
52 Mulch C.Y. 48.00 29496.00
SUBTOTAL PHASE ONE PLANTING $ 1259851.50
10% CONTINGENCY $ 12,585.15
TOTAL PHASE ONE PLANTING $ 1389436.65
*Parkway sod to be included with individual lot landscaping. /
L:Proj=s\1_coA mimatu\
M"21 Phsl CEOIAs
10-Feb-09
Letter of Credit/Bond Reduction
Subdivision: Caledonia Subdivision - Phase 2 Sitework
Reduction No. 2
Bond/LOC No. Old Second Bank - LOC #2968
Theoretical LOC/Bond
Approved Original amount LOC Amount Amount complete prior Amount of Amount to remain
Item Eno. Est. for LOC/Bond Prior to Red.#2 to Reduction No.2 Reduction No.2 after Red. No.2
Erosion Control $7,087.50 $7,796.25 $4,429.69 $3,543.75 $0.00 $4,429.69
Excavation $22,016.00 $24,217.60 $10, 142.40 $14,816.00 $0.00 $10, 142.40
Storm Sewer $265,548.00 $292, 102.80 $39,832.20 $265,548.00 $0.00 $39,832.20
Roadway $494,931 .25 $544,424.38 $3115207.69 $307,288.75 $58,707.63 $252,500.06
Watermain $215,920.00 $2372512.00 $323388.00 $215,920.00 $0.00 $32,388.00
Sanitary $148. 134.00 $162,947.40 $22,220. 10 $148, 134.00 0.00 $22,220. 10
Totals $1 , 153,636.75 $1 ,269,000.43 $420,220.08 $955,250.50 $583707.63 $361 ,512.45
Notes: a) LOC/Bond amt. to be 15% of substantially completed items plus 110% of uncompleted items prior to final acceptance.
b) LOC/Bond reduced to 10% at final acceptance.
c) Pavement also includes sidewalk & streetlighting.
d) Landscaping covered by separate LOC.
f.�
1\`®
SPACEC®r INC. ` � � eg$ ` \ � � a YMEFF Cm @F Ns Mx1BBKetit e p
i/IYtKB
E es Opinion of Pimbgtile Consuluirtion Cos f
UNIT ��99
ITEM ON AMOUNT TY UNIT PRICE RUNT ric e.
A. Soil Erosion SedlmeM Control
1. EROSION CONTROL INLET 26 EACH $50.00 $1, 0
30 .00
2. STRAW BALE DRAINAGE STRUCTURE 18 EACH $50.00 3900.00
31 EROSION CONTROL OUTLET 1 EACH mm 3500.00
4. SEEDING-PARKWAYS 1.95 ACRE $2,250.00 $4,387.50
A. Soil Erosion Sedinwnt Control Sub-Total = $7,087.50 8d
B. Excavation
1. FINE GRADE ROADWAY 12,935 S.Y. $0.60 $7,761.00 t0�
2. BACKFILL CURB 7,055 L.F. $1.00 $7,055.00
3. RESPREAD PARKWAYS 6" RESPREAD 1,600 CY $4.50 $7,200.00
B. Excavation subTptal = $22,016.00
g1
a®
C. DmInane Improvements
1. STORM SEWER, RCP, CL IV 42" 198 L.F. $65.00 $12,870.00 t �
2. STORM SEWER, RCP, CL IV 36" 659 L.F. $50.00 $32,950.00
3. STORM SEWER, RCP, CL IV 27" 241 L.F. $37.50 $9,037.50
4. STORM SEWER, RCP, CL IV 24" 550 L.F. $35.00 $19,250.00
5. STORM SEWER, RCP, CL IV 21" 75 L.F. $30.00 $2,250.00
6. STORM SEWER, RCP, CL IV 18" 748 L.F. $25.00 $18,700.00 n
7. STORM SEWER, RCP, CL IV 15" 561 L.F. $22.50 $12,622.50 /
8. STORM SEWER, RCP, CL IV 12" 1.282 L.F. $20.00 $25,640.00 A
91 STORM TRENCH BACKFILL >18" DIA. 148 L.F. $50.00 $7,400.00 h
10. STORM TRENCH BACKFILL <18" DIA. 619 L.F. $12.00 $7,428.00 \A\A\ FF •�p
11. STORM MANHOLE 96" DIA. 1 EACH $7,000.00 $7,000.00
12. STORM MANHOLE 84" DIA. 1 EACH $5,000.00 $5,000.00
13. STORM MANHOLE 72" DIA. 3 EACH $3,500.00 $10,50000
14. STORM MANHOLE 60" DIA. 4 EACH $2,500.00 $10,OD0.00
15. STORM MANHOLE 48" DIA. 2 EACH $1,500.00 $3,OWA0
16. CATCH BASIN 60" DIA. 5 EACH $3,000.00 $15,000.00
17. CATCH BASIN 48" DIA. 19 EACH $2,250.00 $42,750.00
18. INLET 2e DIA, 20 EACH $500.00 $10,000.00 6f
19, FLARED END SECTION, W/GRATE 42" 1 EACH $1,900.00 $1,900.00
20. STORM SERVICE, PVC SDR 26 6" 49 EACH $250.00 $12,250.00 6F
�A
C. Drainage Improvements SuMTOtal $266,548.00
D. Roadway Improvement
1 . BITUMINOUS SURFACE COURSE 1.5", CL 1 10,585 S.Y. $3.50 $37,047.50 °�-
2. BITUMINOUS SURFACE COURSE 1.5", CL 1 10,585 S.Y. $3.50 $37,047.50 •P 9t�a A.
3. BITUMINOUS BINDER COURSE 5.0", CL 1 10,585 S.V. $9.50 $100,557.
4. AGGREGATE BASE, TYPE B 4" 10,585 S.Y. $4.50 547,632.60
S. GEOTEXTILE FABRIC SUBGRADE FABRIC 12,935 S.Y. $1.25 $16,168.75
6. CURB 8 GUTTER, (w/ AGGR) &6.12 7,055 L.F. $11.50 $81,132.50
7. PCC SIDEWALK 5"THICK, ON 2" CA-6 30,470 S.F. $3.50 $106,645.00\ y"
B. PCC SIDEWALK ACROSS DRIVEWAY 6- THICK, ON 2" CAA 4,800 S.F. $4.00 $19,200.00 !
9. STREET LIGHTING COMPLETE 11 EACH $4,500.00 $49,5OO.00r fo •{.
O. Roadway Improvements Sub-Total = $494,931.25
E Watermaln improvements p t
1 . FIRE HYDRANT W/AUX, VALVE AND B 15 EACH $2,000.00 $30,D00.00 `
2. WM, DI CL 52 W/FITTINGS 12" 1,385 L.F. $39.50 $54,707.50 {91
3. WM, DI CL 52 W/FITTINGS e" 2,475 L.F. $25.50 $63,112.50
4. WATER SERVICES, W/0-SOX 1"-LONG 43 EACH $87500 $37,625,00 r
5. WATER SERVICES, W/B-BOX 1"-SHORT 29 EACH 3375.00 $10,875.00 99
6. VALVE 12" IN 60" VAULT 4 EACH $2,400.00 $9,600.00
7. VALVE e" IN BOX 4 EACH $1,100.00 $4,400.00 i
8. PLUG AND BLOCK STUB 3 EACH $250.00 $750.00 Nd
9. CONNECT TO EXISTING STUB 1 EACH 3500.00 $500.00
9. WM TRENCH BACKFILL LINEAL FOOT 290 L.F. $15.00 54,350.0D 6p
E. Wetennein Improvements SutrTOtal = $215,920,00 `n vR� Gr rE' °➢
Te m% Page3d4
SPACECO, INC. FILE NAVEFNaKgilEaYm�laPMae2fi5KO1M0l.Xn
Il1VIM1y-
EnaineeYS Opinion of Probable Construction Cost
UNIT
ITEM QNTY UNIT PRICE AMOUNT
F. Sanitary Sewer Improvements
1. SANITARY SEWER, PVC SDR 26 11 10-15' DEEP 778 L.F. $28.00 $21,784.00
2. SANITARY SEWER, PVC SDR 26 6", <10' DEEP 1,610 L.F. $25.00 $40,250.00
3. SANITARY MANHOLE, TYPE A 48" DIA, 10'-15' DEEP 5 EACH $2,500.00 $12,500,00
4. SANITARY MANHOLE, TYPE A 48" DIA, <10' DEEP 6 EACH $2,000.00 $12,000.00
5. SANITARY SERVICES LONG 29 EACH $1,250.00 $36,250.00
6. SANITARY SERVICES SHORT 43 EACH $550.00 $23,650.00
7. SANITARY TRENCH BACKFILL <10' DEEP 85 L.F. $20.00 $1,700.00 '
q"
F. Sanitary Seaver Improvements Sub-Total = $148,134.00 t4A xy ) 114
a
SUBTOTAL= $1 ,153,636.75
10% CONTINGENCY = $115,363.68
TOTAL= $1,269,0011.43
NO_�ES7
1. This estimate Is prepared based on plans tilled "Final Site Improvement Plans for Caledonia Subdivision"
Dated October 6, 2004; last revised October 7, 2005.
2. This estimate is prepared as a guide only. SPACECO makes no warranty Nat actual costs will not vary
from the amounts Indicated, and assumes no liability for such variance.
3. It is assumed that all excess soil will be placed on she and used as fill.
No import or haul off costs are inUuded.
4. Sae Caledonia Subdivision "Phasing Exhibit' by SPACECO, Inc. dated 3116105 for phase breakdown.
Please note that the watermain from VB-10A (located SW of the intersection of Nathan and Caledonia
Drives) north to tee and then east to where it contracts to existing has been Incorporated Into Phase t.
5. This estimate DOES NOT Include: a. PERMIT FEES
b. LANDSCAPING
c. REVIEW FEES
J. DRIVEWAYS FOR SINGLE FAMILY HOMES
e. UNDERCUT OF UNSUITABLE MATERIAL
I. OFF-SITE ROADWAY AND UTILITY IMPROVEMENTS TO CORNEILS ROAD
g. YORKVILLE-BRISTOL SANITARY DISTRICT INTERCEPTOR SANITARY
SEWER CONSTRUCTION
h. STORM SEWER SERVICES FOR LOTS 4146 AND 120-133
I. EXISTING STORM SEWER REMOVAL OR ABANDONMENT AS REQUIRED
BY THE CITY.
J. MASS GRADING. ALL MASS GRADING ASSUMED TO BE PERFORMED
AS PART OF PHASE I IMPROVEMENTS.
6. This estimate DOES NOT include:
Maintenance costs for. EROSION CONTROL
CONSTRUCTION ROADS
BUILDING PADS end
rempme Page 4 of 4
10-Feb-09
Letter of Credit/Bond Reduction
Subdivision: Caledonia Subdivision - Phase 2 Landscaping
Reduction No. 1
Bond/LOC No. Old Second Bank - LOC #309000356
Theoretical LOC/Bond
Approved Original amount Actual Amount LOC Amount Amount complete prior Amount of Amount to remain
Item Eno. Est. for LOC/Bond for LOC/Bond Prior to Red.#1 to Reduction No. 1 Reduction No. 1 after Red. No. 1
Shade Trees $60,800.00 $66,880.00 $66,880.00 $66,880.00 $0.00 $0.00 $66,880.00
Lot B $13,770.00 $152147.00 $15, 147.00 $15, 147.00 $13,770.00 $13,081 .50 $2,065.50
Lot D $6, 140M $6,754.00 $0.00 $0.00 $6, 140.00 -$921 .00 9
Totals $80,710.00 $88,781 .00 $82, 027.00 $82,027.00 $19,910.00 $125160.50 $69,866.50
Notes: a) LOC/Bond amt. to be 15% of substantially completed items plus 110% of uncompleted items prior to final acceptance.
b) LOC/Bond reduced to 10% at final acceptance.
c) Pavement also includes sidewalk & streetlighting.
d) Landscaping covered by separate LOC.
March 6, 2007
CALEDONLA Page 1 of 1
N
o Yorkville, Illinois
0
N Wyndham Dzerpoint
0
o Cos - ' o Wort: Landscape Plan dated 2114107
PHASE mguaniity NTING `
ev Botanira l)CommaaName Size -Remarks Cast Extension
SHADE TREES
m
m $400.00 $] 1,60C .00
AF 29 A= freemanii 2 112" Cal.
o AUTUMN BLAZE MAPLE
cmo 'v' 2 1!2
CO 18 Cehis occidental " Cal. $400.00 $7,26G.OD
COMMON HACICBERRY
CsT 27 Gleditsiatriacanthosinermis 'Skyline'
2 112" Cal. $•100.00 5109800.00
SKYLINE HONFYI.00UST `(
Qg 24 Quzrcus bicolor
3 ll2" Cal. $400.00 $9,600.00
SWAMP WHITE OAK
� TC 32 Tiliacordarn 'Greenspire'
2 l/2" Cal. $400.00 512,800.00
z GREENSPIRE LINDEN
o LIR 22 U1mus carpinifolia 'Regal' 2 112" Cal. 5400.00 $8°800'00
REGAL SMOOTHLEAFELM
w 5,3 Lot D seeding w/ Hydromulch AC
$20700-00 S 13.770.00 l
3
SUSTOTAL PHASE TWO PLANTING S74,570.00
a
$74,570.00
TOTAL PHASE TWO PLANTING
'Parkway sod to be included with individual lot landscaping.
m
F--
r
0
0
N
1
o rt:e»i vac�Fai
i
,tee.
Telephone (630) 966-1000 Telecopier (630) 9661006
March 12, 2007
Hand Delivered
Joe Wywrot
Yorkville City Engineer
United City of Yorkville
800 Game Farm Rd.
Yorkville, IL 60560
Re: Caledonia Subdivision Phase H Landscaping Letter of Credit No. 309000356
Dear Joe:
This letter is to confirm that we agree that the Lob B landscaping will be included in the Phase II
Letter of Credit for the Caledonia Subdivision. When the time comes for a reduction in the
remaining Letter of Credit amount, the amount of reduction will be reduced by the amount of
remaining work to be done for landscaping on Lot B in accordance with the City approved estimate
of cost.
If you need any further information, please contact me.
Yours truly,
Richard M. Guerard
RMG/jmh
Enc.
cc: Laura Haake, City Park Designer, United City of Yorkville
605 LINDSAY CIRCLE, NORTH AURORA, IL 60542
WWW.W YDP.COM
`��D C/p` Reviewed By: Agenda Item Number
J� 0 Legal ❑
Finance ❑
Esr. 1836 Engineer f;4
Tracking Number
{O City Administrator ❑
Consultant ❑❑ f��� i l�L) �U
<GE \\.
Agenda Item Summary Memo
Title: Raintree Village (Units 2-6)—LOC Expiration
Meeting and Date: February 17, 2009 Public Works Committee
Synopsis: We have been notified that 5 letters of credit for Raintree Village are due to expire.
Recommending calling these letters of credit if they are not renewed.
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:
.1%�° Copy
p Memorandum
AA
EST. , \� 1336 To: Brendan McLaughlin, ity sr for
I� From: Joe Wywrot, City Engine er U
p CC: Lisa Pickering, Deputy City erk
E
Date: February 10,2009
Subject: Raintree Village (Units 2-6)—Letter of Credit Expiration
Attached find notices from Fidelity Guaranty and Acceptance Corporation that the five letters of
credit in place for Raintree Village Units 2-6 will expire on various dates ranging from April 28,
2009 to May 18,2009. These letters of credit are summarized as follows:
LOC No. Amount For
FGAC-06117 $152,905.79 Unit 2—all land improvements
FGAC-06118 $ 99,047.98 Unit 3—all land improvements
FGAC-06108 $396,809.12 Unit 4—sitework
FGAC-05167 $503,184.11 Unit 5—sitework
FGAC-06137 $891,128.30 Unit 6—all land improvements
I will notify the developer that these letters of credit need to be renewed, and I anticipate that
they will. In the meantime,however, I recommend that City Council authorize the City Clerk to
call these letters of credit if they are not renewed prior to April 17, 2009.
Please place this item on the Public Works Committee agenda of February 17, 2009 for
consideration.
FIDELITY GUARANTY AND ACCEPT.ANCE . CORP .
700 NW 107 . AVENUE SUITE 240
MIAMI , FLORIDA 33172 pq .
PHONE ( 3. 05 ) 553 - 8724 - -
FEBRUARY 4, 2009
NOTICE OF LETTER OF CREDIT EXPIRATION
BENEFICIARY: APPLICANT:
MAYOR AND ALDERMEN LENNAR COMMUNITIES OF CHICAGO
CITY OF YORKVILLE 2300 BARRINGTON ROAD, SUITE 700
800 GAME FARM ROAD HOFFMAN ESTATES, IL 60169
YORKVILLE, IL 60560
RE: OUR STANDBY LETTER OF CREDIT NO. FGAC-06117 PRESENTLY FOR AN AMOUNT OF USD
$ 1525905.79 (ONE HUNDRED FIFTY TOW THOUSAND NINE HUNDRED FIVE AND 79/100 US
DOLLARS) ISSUED IN YOUR FAVOR FOR THE ACCOUNT OF LENNAR COMMUNITIES OF
CHICAGO.
GENTLEMEN:
BE ADVISED THAT IN ACCORDANCE WITH THE LETTER OF CREDIT TERMS, WE HEREBY SERVE
NOTICE THAT THE REFERENCED LETTER OF CREDIT WILL EXPIRE ON MAY 115 2009 WITH OUR
CLOSE OF BUSINESS AT FIDELITY GUARANTY AND ACCEPTANCE CORP., ATTN: LETTER OF
CREDIT DEPT., 700 NW 107 AVENUE - SUITE 240, MIAMI, FLORIDA 331172. ANY DRAWING RECEIVED
AFTER MAY 11 , 2009 WILL BE REFUSED.
PLEASE RETURN THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS UPON EXPIRATION.
FAILURE TO RETURN THE ORIGINAL LETTER OF CREDIT AND AMENDMENTS WILL HAVE NO
EFFECT AND OUR LETTER OF CREDIT WILL BE CONSIDERED EXPIRED.
ACKNOWLEDGED BY:
BENEFICIARY
DATE
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT LETTER OF CREDIT DEPARTMENT AT 305-553-
8724 AS SOON AS POSSIBLE.
VERY TRULY YOURS,
FIDELITY GUARANTY AND ACCEPTANCE CORP.
JACQ ,E DESOUZA, VICE PRESIDENT
CC: LENNAR COMMUNITIES OF CHICAGO
ATTN: KAREN BLAKE
2300 BARRINGTON ROAD, SUITE 700
HOFFMAN ESTATES, IL 60169
FIDELITY GUARANTY AND ACCEPTANCE CORP .
X7 .00 NW 1 '07 . AVENUE - SUITE 240 ' ' -
MIAMI , F. LORI DA 3317 .2
PHONE ( 305 ) 553 - 8724
FEBRUARY 4, 2009
NOTICE OF LETTER OF CREDIT EXPIRATION
BENEFICIARY: APPLICANT:
MAYOR AND ALDERMEN LENNAR COMMUNITIES OF CHICAGO
CITY OF YORKVILLE 2300 BARRINGTON ROAD, SUITE 700
800 GAME FARM ROAD HOFFMAN ESTATES, IL 60169
YORKVILLE, IL 60560
RE: OUR STANDBY LETTER OF CREDIT NO. FGAC-06118 PRESENTLY FOR AN AMOUNT OF USD
$99,047.98 (NINETY NINE THOUSAND FORTY SEVEN AND 98/100 US DOLLARS) ISSUED IN
YOUR FAVOR FOR THE ACCOUNT OF LENNAR COMMUNITIES OF CHICAGO.
GENTLEMEN:
BE ADVISED THAT IN ACCORDANCE WITH THE LETTER OF CREDIT TERMS, WE HEREBY SERVE
NOTICE THAT THE REFERENCED LETTER OF CREDIT WILL EXPIRE ON MAY 11 , 2009 WITH OUR
CLOSE OF BUSINESS AT FIDELITY GUARANTY AND ACCEPTANCE CORP., ATTN: LETTER OF
CREDIT DEPT., 700 NW 107 AVENUE - SUITE 240, MIAMI, FLORIDA 33172. ANY DRAWING RECEIVED
AFTER MAY 11 , 2009 WILL BE REFUSED.
PLEASE RETURN THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS UPON EXPIRATION.
FAILURE TO RETURN THE ORIGINAL LETTER OF CREDIT AND AMENDMENTS WILL HAVE NO
EFFECT AND OUR LETTER OF CREDIT WILL BE CONSIDERED EXPIRED.
ACKNOWLEDGED BY:
BENEFICIARY
DATE
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT LETTER OF CREDIT DEPARTMENT AT 305-553-
8724 AS SOON AS POSSIBLE.
VERY TRULY YOURS,
FIDELITY GUARANTY AND ACCEPTANCE CORP.
JACQUELify DBSOUZA, ICE PRESIDENT
CC: LENNAR COMMUNITIES OF CHICAGO
ATTN: KAREN BLAKE
2300 BARRINGTON ROAD, SUITE 700
HOFFMAN ESTATES, IL 60169
FIDELITY GUARANTY AND ACCEPTANCE CORP .
700 NW 107 * AVENUE - SUITE 240
MIAMI , FLORIDA 33172
PHONE ( 305 ) 5 .53 - 8724 ,
FEBRUARY 4, 2009
NOTICE OF LETTER OF CREDIT EXPIRATION
BENEFICIARY: APPLICANT:
CITY OF YORKVILLE LENNAR COMMUNITIES OF CHICAGO
800 GAME FARM ROAD 2300 BARRINGTON ROAD, SUITE 700
YORKVILLE, IL 60560 HOFFMAN ESTATES, IL 60169
RE: OUR STANDBY LETTER OF CREDIT NO. FGAC-06108 PRESENTLY FOR AN AMOUNT OF USD
$396,809. 12 (THREE HUNDRED NINETY SIX THOUSAND EIGHT HUNDRED NINE AND 12/100
US DOLLARS) ISSUED IN YOUR FAVOR FOR THE ACCOUNT OF LENNAR COMMUNITIES OF
CHICAGO.
GENTLEMEN:
BE ADVISED THAT IN ACCORDANCE WITH THE LETTER OF CREDIT TERMS, WE HEREBY SERVE
NOTICE THAT THE REFERENCED LETTER OF CREDIT WILL EXPIRE ON APRIL 28, 2009 WITH OUR
CLOSE OF BUSINESS AT FIDELITY GUARANTY AND ACCEPTANCE CORP., ATTN: LETTER OF
CREDIT DEPT., 700 NW 107 AVENUE - SUITE 240, MIAMI, FLORIDA 33172. ANY DRAWING RECEIVED
AFTER APRIL 28,2009 WILL BE REFUSED.
PLEASE RETURN THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS UPON EXPIRATION.
FAILURE TO RETURN THE ORIGINAL LETTER OF CREDIT AND AMENDMENTS WILL HAVE NO
EFFECT AND OUR LETTER OF CREDIT WILL BE CONSIDERED EXPIRED.
ACKNOWLEDGED BY:
BENEFICIARY
DATE
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT LETTER OF CREDIT DEPARTMENT AT 305-553-
8724 AS SOON AS POSSIBLE.
VERY TRULY YOURS,
FIDELITY GUARANTY AND ACCEPTANCE CORP.
JACQUEL D OUZA, VOCE PRESIDENT
CC: LENNAR COMMUNITIES OF CHICAGO
ATTN: KAREN BLAKE
2300 BARRINGTON ROAD, SUITE 700
HOFFMAN ESTATES, IL 60169
FIDELITY GUARANTY AND ACCEPTANCE CORP .
700 NW 107 AVENUE_ - SUITE 240
MIAMI , FLORIDA 33172 -
PHONE ( 305 ) 553 - 8724 Iq
FEBRUARY 4, 2009
NOTICE OF LETTER OF CREDIT EXPIRATION
BENEFICIARY: APPLICANT:
MAYOR AND ALDERMEN RAINTREE VILLAGE, LLC
CITY OF YORKVILLE C/O LENNAR COMMUNITIES OF CHICAGO
800 GAME FARM ROAD 2300 BARRINGTON ROAD, SUTIE 600
YORKVILLE, IL 60560 HOFFMAN ESTATES, IL 60169
RE: OUR STANDBY LETTER OF CREDIT NO. FGAC-05167 PRESENTLY FOR AN AMOUNT OF USD'
$5035184.11 (FIVE HUNDRED THREE THOUSAND ONE HUNDRED EIGHTY FOUR AND 11/100
US DOLLARS) ISSUED IN YOUR FAVOR FOR THE ACCOUNT OF RAINTREE VILLAGE, LLC,
GENTLEMEN:
BE ADVISED THAT IN ACCORDANCE WITH THE LETTER OF CREDIT TERMS, WE HEREBY SERVE
NOTICE THAT THE REFERENCED LETTER OF CREDIT WILL EXPIRE ON MAY 183 2009 WITH OUR
CLOSE OF BUSINESS AT FIDELITY GUARANTY AND ACCEPTANCE CORP., ATTN: LETTER OF
CREDIT DEPT., 700 NW 107 AVENUE - SUITE 240, MIAMI, FLORIDA 33172. ANY DRAWING RECEIVED
AFTER MAY 18, 2009 WILL BE REFUSED.
PLEASE RETURN THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS UPON EXPIRATION.
FAILURE TO RETURN THE ORIGINAL LETTER OF CREDIT AND AMENDMENTS WILL HAVE NO
EFFECT AND OUR LETTER OF CREDIT WILL BE CONSIDERED EXPIRED.
ACKNOWLEDGED BY:
BENEFICIARY
DATE
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT LETTER OF CREDIT DEPARTMENT AT 305-553-
8724 AS SOON AS POSSIBLE.
VERY TRULY YOURS,
FIDELITY GUARANTY AND ACCEPTANCE CORP.
JACQ ESOUZ , VICE PRESIDENT
CC: LENNAR COMMUNITIES OF CHICAGO `
ATTN: KAREN BLAKE
2300 BARRINGTON ROAD, SUITE 700
HOFFMAN ESTATES, IL 60169
FIDELITY GUARANTY AND ACCEPTANCE CORP .
700 NW 107 AVENUE - SUITE 240
MIAMI , FLORIDA 33172
PHONE ( 30. 5 ) 553 - 8724
FEBRUARY 4, 2009
NOTICE OF LETTER OF CREDIT EXPIRATION
BENEFICIARY: APPLICANT:
MAYOR AND ALDERMEN LENNAR COMMUNITIES OF CHICAGO
CITY OF YORKVILLE 2300 BARRINGTON ROAD, SUITE 700
800 GAME FARM ROAD HOFFMAN ESTATES, IL 60169
YORKVILLE, IL 60560
RE: OUR STANDBY LETTER OF CREDIT NO. FGAC-06137 PRESENTLY FOR AN AMOUNT OF USD
$8915128.30 (EIGHT HUNDRED NINETY ONE THOUSAND ONE HUNDRED TWENTY EIGHT
AND 30/100 US DOLLARS) ISSUED IN YOUR FAVOR FOR THE ACCOUNT OF LENNAR
COMMUNITIES OF CHICAGO
GENTLEMEN:
BE ADVISED THAT IN ACCORDANCE WITH THE LETTER OF CREDIT TERMS, WE HEREBY SERVE
NOTICE THAT THE REFERENCED LETTER OF CREDIT WILL EXPIRE ON MAY 18; 2009 WITH OUR
CLOSE OF BUSINESS AT FIDELITY GUARANTY AND ACCEPTANCE CORP., ATTN: LETTER OF
CREDIT DEPT., 700 NW 107 AVENUE - SUITE 240, MIAMI, FLORIDA 33172. ANY DRAWING RECEIVED
AFTER MAY 18, 2009 WILL BE REFUSED.
PLEASE RETURN THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS UPON EXPIRATION.
FAILURE TO RETURN THE ORIGINAL LETTER OF CREDIT AND AMENDMENTS WILL HAVE NO
EFFECT AND OUR LETTER OF CREDIT WILL BE CONSIDERED EXPIRED.
ACKNOWLEDGED BY:
BENEFICIARY
DATE
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT LETTER OF CREDIT DEPARTMENT AT 305-553-
8724 AS SOON AS POSSIBLE.
VERY TRULY YOURS,
FIDELITY GUARANTY AND ACCEPTANCE CORP.
JACQUE E DtSOUZA,6VICE PRESIDENT
CC: LENNAR COMMUNITIES OF CHICAGO
ATTN: KAREN BLAKE
2300 BARRINGTON ROAD, SUITE 700
HOFFMAN ESTATES, IL 60169
`(Oo C/).y Reviewed By: Agenda Item Number
T Legal ❑
EST 1836 Finance ❑ o ,
i
Engneer
Tracking Number
09 Gl 41 City Administrator
spry `�O Consultant ❑ Pw 9009 _
kE
Agenda Item Summary Memo
Title: Prairie Pointe—Final Acceptance and LOC Reductions
Meeting and Date: February 17,2009 Public Works Committee
Synopsis: Recommend final acceptance of the public infrastructure for the Prairie Pointe
development, and corresponding reductions to the two existing letters of credit.
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:
C1p*
I o� Memorandum
EST. 1836 To: Brendan McLaughlin, City 7�_From: Joe Wywrot, City EngiCC: Lisa Pickering,Deputy City k
Date: February 11, 2009
It E Subject: Prairie Pointe—Final Acceptance and LOC Reductions
Castle Bank LOC #7000273791-900
Castle Bank LOC #7000273791-901
Attached find a request from SEC Group, Inc. to release the letters of credit for the Prairie Pointe
development. We have inspected the site and the punchlist work is complete with the exception
of seeding part of Lot 4.
The development included construction of public watermain and sanitary sewer. There was also
a section of public 12" watermain constructed within the development by Don Hamman,but that
watermain is separate from the Prairie Pointe development is not included in this fmal
acceptance request.
I recommend that the City Council accept the public improvements for the Prairie Pointe
development, subject to receipt of a satisfactory bill of sale. Corresponding to final acceptance,
Castle Bank LOC#7000273791-901 would be reduced to $4,044.40 and would remain in place
during the one-year warranty period for the watermain and sanitary sewer. Castle Bank LOC
#7000273791-900 would be reduced to $5,571.50,which represents 110%of the cost of the
remaining seeding work. Please refer to the attachments for details. If the developer wishes to
combine the letters of credit into a single document, or replace them with a new guarantee,that
would also be acceptable.
Please place this item on the Public Works Committee agenda of February 17,2009 for
consideration.
City of Yorkville 11-Feb-09
Letter of Credit/Bond Reduction
Subdivision: Prairie Pointe
Reduction No. 2 (Regional Sitework)
Bond/LOC No. Castle Bank LOC#7000273147-901
LOC/Bond
Approved Original amount LOC/Bond amount Amount complete prior Amount of Amount to remain
Item Eno. Est. for LOC/Bond prior to Red.#2 to Reduction No.2 Reduction No.2 after Red. No.2
Roadway $94,247.74 $103,672.51 $14,137.16 $94,247.74 $14,137.16 $0.00
Storm Sewer $44,089.50 $48,498.45 $6,613.43 $44,089.50 $6,613.43 $0.00
Watermain $5,017.00 $5,518.70 $752.55 $5,017.00 -$1,492.15 $2,244.70
Sanitary $26,211.00 $28,832.10 $3,931.65 $26,211.00 $2,131.95 $1,799.70
Miscellaneous $10,200.00 $11,220.00 $1,530.00 $10,200.00 $1,530.00 $0.00
Landscaping $39,148.50 $43.063.35 $5,872.28 $39,148.50 $5,872.28 0.00
Totals $218,913.74 $240,805.11 $32,837.07 $218,913.74 $28,792.67 $4,044.40
Notes: a) LOC/Bond amt. to be 15% of substantially completed items plus 110% of uncompleted items prior to final acceptance.
b) LOC/Bond reduced to 10% at final acceptance.
c) Manual input required for cells highlighted in yellow.
City of Yorkville 11 -Feb-09
Letter of Credit/Bond Reduction
Subdivision: Prairie Pointe
Reduction No. 2 (Site Development LOC)
Bond/LOC No. Castle Bank LOC #7000273147-900
LOC/Bond
Approved Original amount LOC/Bond amount Amount complete prior Amount of Amount to remain
Item Eno. Est. for LOC/Bond prior to Red.#2 to Reduction No.2 Reduction No.2 after Red. No.2
Earthwork $135,778.81 $1492356.69 $20,366.82 $135,778.81 $20,366.82 $0.00
Erosion Control $28,277.75 $31 , 105.53 $9,053.41 $23.212.75 $3,481 .91 $5,571 .50
Totals $164,056.56 $1802462.22 $29,420.23 $158,991 .56 $23,848.73 $5,571 .50
Notes: a) LOC/Bond amt. to be 15% of substantially completed items plus 110% of uncompleted items prior to final acceptance.
b) LOC/Bond reduced to 10% at final acceptance.
c) Manual input required for cells highlighted in yellow.
Page 1 of I
Joe Wywrot
From: Huinker Pete [Phuinker @secgroupinc.com]
Sent: Tuesday, February 03, 2009 11 :28 AM
To: Joe Wywrot
Subject: FW: Prairie Pointe - Letter of Credit Reductions
Joe, The Prairie Point development is requesting the letter of credit released. Let me know if you need any
additional information. I will forward the last spreadsheets sent previously. Thanks.
Peter J. Huinker, P.E. , LEED AP
Director of Land Development
SEC Group Inc.
651 Prairie Pointe Drive
Yorkville, Illinois 60560
t. 630.553.7560 f. 630.553.7646
www.secgroupinc.com
The contents of this transmission and any attachments are confidential and intended for the use of the individual
or entity to which it is addressed. If the reader of this message is not the intended recipient, you are hereby
notified that any dissemination, distribution or copying of this communication is prohibited.
From: Joe Wywrot [mailto:jwywrot @yorkville.il.us]
Sent: Wednesday, December 05, 2007 12:41 PM
To: Keck George
Subject: RE: Prairie Pointe - Letter of Credit Reductions
George,
The PW Committee was OK with reducing the 3 LOC's per my recommendation. This will now go the Dec. 18th
City Council meeting for formal approval.
Joe
Joe Wywrot
Yorkville City Engineer
(630)553-8527
(630) 553-3436 fax
2/4/2009
`QED C/rA. Reviewed By: Agenda Item Number
0 Legal ❑ C�
Esr. 1836 Finance ❑ oq
1 Engineer z13�
Tracking Number
City Administrator ❑
Consultant ❑ a V\1 OQQq - as
<CE ��y` F-1
Agenda Item Summary Memo
Title: Rt.47Baseline Road-IDOT Agreement and MFT Resolution
Meeting and Date: February 17, 2009 Public Works Committee
Synopsis: IDOT has proposed to replace the traffic signal at this intersection. The city's share
of the cost would be approximately $12,650.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Approval of agreement and MFT appropriation resolution
Submitted by: Joe Wywrot Engineering
Name Department
Agenda Item Notes:
?♦Af�D
Memorandum
EST. , 1836 To: Brendan McLaughlin, City A ministra
�9 L From: Joe Wywrot, City Engineer
�p CC: Lisa Pickering, Deputy City C e
<<E �Vv
Date: February 3,2009
Subject: Rt.47/Baseline Road—IDOT Agreement and MFT Resolution
Attached find one copy of a proposed agreement with IDOT for the replacement of the traffic
signal and roadway re-striping at the Route 47/Baseline Road intersection. Also attached find a
proposed MFT appropriation resolution in the amount of$12,650 to pay for our share of this
project.
Typically we ask IDOT to add streetlighting and emergency vehicle pre-emption at all new
traffic signals. For this project there is an existing independent streetlight system so we only
asked for the pre-emption. IDOT is willing to add that item,but the city would need to fund
100%of that cost.IDOT is also asking for the city to fund 2.5%of the entire project cost,
resulting in an overall city cost of about$12,650. Since this is an unbudgeted project and our
general fund revenues are down, I recommend that we pay for our share of this project with MFT
funds.
Please place this agreement and MFT appropriation resolution on the February 17, 2009 Public
Works Committee agenda for consideration.
Illinois meet Resolution for Improvement by
Municipality Under the Illinois
Of Transpartatwn 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
Bridge Street Illinois 47 at US Route 30
BE IT FURTHER RESOLVED,
1 . That the proposed improvement shall consist of the city's share of project costs for IDOT Contract No.60F98
to replace traffic signals and re-stripe the roadway at the intersection of Illinois Route 47 (Bridge Street) and US Route 30
(Baseline Road).
and shall be constructed N/A wide
and be designated as Section 09-00038-00-TL
2. That there is hereby appropriated the (additional p Yes 0 No) sum of Twelve thousand, six hundred and fifty
And 00/100------------------------------------------------------------------------------------- Dollars ( $12,650.00 ) 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
United City of Yorkville
City, Town or Village
County of Kendall hereby certify the
Date
foregoing to be a true, perfect and complete copy of a resolution adopted
by the City Council
Council or President and Board of Trustees
Department of Transportation at a meeting on February 24, 2009
Date
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this
day of
Regional Engineer
(SEAL)
City, Town, or Village Clerk
Printed 213/2009 BLR 09111 (Rev. 11/06)
AGREEMENT
THIS AGREEMENT entered into this day of A. D. , by and between
the STATE OF ILLINOIS , acting by and through its Department of Transportation, hereinafter
called the STATE, and the UNITED CITY OF YORKVILLE, County of KENDALL, of the State of
Illinois, hereinafter called the CITY.
WITNESSETH
WHEREAS, the STATE, in order to facilitate the free flow of traffic and insure safety to
the motoring public as part of the Highway Safety Improvement Program is desirous of
improving the existing signalized intersection at US 30 by modernizing the traffic signal at US 30
@ IL 47/Baseline Road, (to be known as STATE Section 2009-003 TS and Contract No. 60F98)
and by performing all other work necessary to complete the improvement in accordance with the
plans and specifications; and,
WHEREAS, the CITY is desirous of said improvement in that same will be of immediate
benefit to the CITY, and permanent in nature; and,
WHEREAS, the intersection of US 30 @ IL 47/13aseline Road lies within the corporate
limits of the CITY.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
1 . The STATE agrees to prepare plans and specifications, receive bids, award the contract,
furnish engineering inspection during construction , and cause the improvement to be built in
accordance with the plans, specifications, and contract. The STATE also agrees to pay all
construction and engineering costs subject to reimbursement by the CITY as hereinafter
stipulated.
2. The CITY agrees to approve the plans and specifications by letter or resolution prior to the
STATE advertising for the work to be performed hereunder.
3. It is mutually agreed that the proportional participation for the construction costs and
engineering costs of this improvement shall be as follows:
US 30 FEDERAL STATE
Traffic Signals @ FUNDS FUNDS CITY FUNDS
IL 47/13aseline Rd . 90% 7.5% 2.5%
Engineering (15%) 90% 7. 5% 2.5%
4. It is mutually agreed that the estimated construction costs and engineering costs of this
improvement are divided as follows:
US 30 FEDERAL STATE CITY*
Traffic Signals @ FUNDS FUNDS FUNDS TOTAL
IL 47/13aseline Rd. $ 180,000 $15,000 $ 51000 $ 200, 000
Engineering (15%) $ 27,000 $ 21250 $ 750 $ 30,000
$ 207 ,000 $17,250 $ 52750 $ 230,000
*The CITY will be financially responsible for 100% of the installation costs including
maintenance for the emergency vehicle pre-emption equipment installation. These costs
are not reflected in the above estimated figures and should be approximately $6,900 for
both the equipment and engineering .
If, in the future, the STATE adopts a roadway or traffic signal improvement including the
aforementioned intersection(s) requiring modifications to the traffic signal(s) , then the CITY
agrees to be financially responsible for all costs pertaining to the EMERGENCY VEHICLE PRE-
EMPTION EQUIPMENT in conjunction with the STATE'S proposed improvement (if applicable) .
5. It is mutually agreed that the CITY will reimburse the STATE in an amount equal to the
CITY'S share of the actual cost as determined in accordance with Item #4 above. It is
mutually agreed that upon award of the contract for this improvement, the CITY will pay to
the Department of Transportation of the State of Illinois, in a lump sum from any funds
allotted to the CITY. An amount equal to 80% of its obligation incurred under this
Agreement, and will pay to the said Department the remainder of its obligation (including
any non-participating costs for FA projects) in a lump sum, upon completion of the project
based upon final costs.
6. Upon acceptance by the Department of Transportation of the traffic signal improvement
included herein, the financial responsibility for maintenance and electrical energy for the
operation of the traffic signals shall remain as outlined in the Master Agreement executed
between the UNITED CITY OF YORKVILLE and the Department of Transportation on March
14, 2007.
7. The actual maintenance will be performed by the STATE with its own forces or through an
ongoing contractual agreement.
8. Payment by the STATE of any or all of its share of maintenance and energy costs is
contingent upon the STATE receiving adequate funds in its annual appropriation.
9. The STATE retains the right to control the sequence of timing on the traffic signals.
10. The STATE will be responsible for maintenance of lane line and median line markings. The
CITY will be responsible for maintenance of crosswalk and stop line markings under their
jurisdiction.
11 . The CITY agrees to exercise its franchise right to cause private utilities to be relocated at no
expense to the STATE.
12. This agreement shall be binding upon and inure to the benefit of the parties hereto, their
successors and assigns.
UNITED CITY OF YORKVILLE
By:
MAYOR
Date:
ATTEST:
CLERK
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
By:
DISTRICT ENGINEER
Date:
PLAN APPROVAL
WHEREAS, in order to facilitate the improvement at the intersections of US 30 @ IL 47/Baseline
Road the UNITED CITY OF YORKVILLE hereby approves the plans and specifications for the
proposed traffic signal improvements at the said intersection above.
APPROVED:
UNITED CITY OF YORKVILLE
By:
MAYOR
Date:
ATTEST:
Clerk
SEAL
`qE0 CtTy Reviewed By: Agenda Item Number
J� 0 `` T Legal ❑ (�/� I l
esr l � 1836 Finance E]
,Ial� Engineer
City Administrator ❑ z13�
Tracking Number
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9 `�O Consultant ❑ Pyy goo t -0�3
<LE F-1
Agenda Item Summary Memo
Title: Revised Floodplain Ordinance
Meeting and Date: February 17, 2009 Public Works Committee
Synopsis: This proposed ordinance replaces Ordinance 2008-85 to correct a problem with the
adoption of the previous ordinance.
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:
C4
Memorandum
esr. , 836 To: Brendan McLaughlin, City A**
nistr�t
o From: Joe Wywrot, City Engineer
� p CC: Lisa Pickering, Deputy City CILk
Kathy Orr, City Attorney
<LE Jackie Dearborn, Civil Engineer
Date: February 3,2009
Subject: Revised Floodplain Ordinance
Attached find a revised version of the floodplain ordinance. We recently adopted a similar
document as Ordinance 2008-85 in order to remain compliant with the National Flood Insurance
Program, and used a model ordinance provided to us by the Illinois Department of Natural
Resources. We had made several changes to the model ordinance to reflect conditions unique to
Yorkville prior to adoption of Ordinance 2008-85.
After the ordinance was adopted,we realized that as written it amended the zoning ordinance by
adding Chapter 16. A text amendment to the zoning ordinance,however,requires a public
hearing which was not conducted for the floodplain ordinance. To avoid any concerns that the
new ordinance may not be enforceable due to the lack of a public hearing, we have revised the
ordinance to become Title 8, Chapter 7 of the Municipal Code. During the revisions necessary
for that change,we went through the complete ordinance with the city attorney's office to correct
some grammar and typographical errors, clarify intent, and update it to conform to the
administrative adjudication ordinance.
I recommend that this revised ordinance be adopted. Please place this item on the February 17,
2009 Public Works Committee agenda for consideration.
Ordinance No.
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS, REPEALING ORDINANCE NOS, 2004-18 AND 2008-85
AND AMENDING THE CODE OF ORDINANCES TO PROVIDE FOR
REGULATING DEVELOPMENT IN FLOODPLAIN AREAS
WHEREAS, the United City of Yorkville (the "City") is a duly organized and
validly existing non-home-rule municipality created in accordance with Article VII,
Section 7 of the Constitution of the State of Illinois of 1970; and,
WHEREAS, the City desires to repeal Ordinance No. 2008-05 which provided
for the regulation of development in floodplain areas as a part of the City Zoning Code,
and instead desires to provide for the regulation of the development in floodplain areas as
a part of the City Building Code; and,
WHEREAS, pursuant to Section 11 -30-2 and 11 -30-8 of the Illinois Municipal
Code (65 ILCS 511 - 1 - 1 et seg.), the corporate authorities of the City may prescribe rules
and regulations for the construction and alteration of buildings and structures and parts
and appurtenances thereof, for the purpose of lessening or avoiding the hazards to
persons and damage to property resulting from flooding; and,
WHEREAS, pursuant to Section 11 -30-8 of the Illinois Municipal Code, the
corporate authorities may prescribe rules and regulations for grading and draining of lots
and construction of (1 ) paving for motor vehicle driveways and parking areas, (2)
terraces, (3) retaining walls of masonry and other materials and for preserving drainage
channels in connection with building improvements or without such improvements.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. Ordinance No. 2008-85 and Ordinance No. 2004- 18, adopted by the Mayor
and City Council on September 23 , 2008, and March 23, 2004, respectively, are hereby
repealed.
Section 2. Title 8, Chapter 7 of the United City of Yorkville Code of Ordinances is
hereby deleted in its entirety and replaced with the following:
CHAPTER 7
REGULATING DEVELOPMENT IN FLOODPLAIN AREAS
8-7-1 : PURPOSE: This Chapter is enacted pursuant to the police powers
granted to the United City of Yorkville by the Illinois Municipal Code (65 ILCS
5/11 -30-2, and 5/11 -30-8) in order to accomplish the following purposes:
A. To prevent unwise developments from increasing flood or drainage
hazards to others.
1
B . Protect new buildings and major improvements to buildings from flood
damage.
C. To promote and protect the public health, safety, and general welfare of
the citizens from the hazards of flooding.
D. To lessen the burden on the taxpayer for flood control, repairs to public
facilities and utilities, and flood rescue and relief operations.
E. Maintain property values and a stable tax base by minimizing the potential
for creating blighted areas.
F. Make federally subsidized flood insurance available.
G. To preserve the natural characteristics and functions of watercourses and
floodplains in order to moderate flood and stonnwater impacts, improve
water quality, reduce soil erosion, protect aquatic and riparian habitat,
provide recreational opportunities, provide aesthetic benefits and enhance
community and economic development.
8-7-2: DEFINITIONS : For the purposes of this Chapter, the following
definitions are adopted :
Base Flood- The flood having a one percent ( 1 %) probability of being
equaled or exceeded in any given year. The base flood is also known as the
100-year flood. The base flood elevation at any location is as defined in
Section 3 of this Chapter.
Base Flood Elevation (BFE)- The elevation in relation to mean sea level
of the crest of the base flood.
Basement- That portion of a building having its floor sub-grade (below
ground level) on all sides.
Building- A walled and roofed structure, including a gas or liquid storage
tank, that is principally above ground, including manufactured homes,
prefabricated buildings and gas or liquid storage tanks. The teen also
includes recreational vehicles and travel trailers installed on a site for more
than one hundred eighty (180) days per year.
Critical Facility- Any facility which is critical to the health and welfare of
the population and, if flooded, would create an added dimension to the
disaster. Damage to these critical facilities can impact the delivery of vital
services, can cause greater damage to other sectors of the community, or
can put special populations at risk.
Examples of critical facilities where flood protection should be required
include, but are not limited to, emergency services facilities (such as fire
and police stations), schools, hospitals, retirement homes and senior care
2
facilities, major roads and bridges, critical utility sites (telephone switching
stations or electrical transformers), and hazardous material storage facilities
(chemicals, petrochemicals, hazardous or toxic substances).
Development- Any man-made change to real estate including, but not
limited to:
I . Demolition, construction, reconstruction, repair, placement of a
building, or any structural alteration to a building.
2. Substantial improvement of an existing building.
3 . Installation of a manufactured home on a site, preparing a site for a
manufactured home, or installing a travel trailer on a site for more
than one hundred eighty ( 180) days per year.
4. Installation of utilities, construction of roads, bridges, culverts or
similar projects.
5 . Construction or erection of levees, dams, walls or fences.
6. Drilling, mining, filling, dredging, grading, excavating, paving, or
other alterations of the ground surface.
7. Storage of materials including the placement of gas and liquid
storage tanks, and channel modifications or any other activity that
might change the direction, height, or velocity of flood or surface
waters.
"Development" does not include routine maintenance of existing buildings
and facilities, resurfacing roads, or gardening, plowing, and similar practices
that do not involve filling, grading, or construction of levees.
FEMA- Federal Emergency Management Agency
Flood- A general and temporary condition of partial or complete inundation
of normally dry land areas from the overflow, the unusual and rapid
accumulation, or the runoff of surface waters from any source.
Flood Fringe- That portion of the floodplain outside of the regulatory
floodway.
Flood Insurance Rate Map (FIRM)- A map prepared by FEMA and dated
February 4, 2009, that depicts the floodplain or special flood hazard area
(SFHA) within a community. This map includes insurance rate zones and
may or may not depict floodways and show base flood elevations.
Flood Insurance Study- An examination, evaluation and determination of
flood hazards and, if appropriate, corresponding water surface elevations,
prepared by FEMA and dated February 4, 2009.
3
Floodplain and Special Flood Hazard Area (SFHA)- These two terms are
synonymous. Those lands within the jurisdiction of the United City of
Yorkville, the extraterritorial jurisdiction of the United City of Yorkville, or
that may be annexed into the United City of Yorkville, that are subject to
inundation by the base flood. The floodplains of the Fox River, Blackberry
Creek, and Middle Branch Aux Sable Creek are generally identified as such
on the countywide FIRM of Kendall County. Floodplain also includes those
areas of known flooding as identified by the community. Until the Rob Roy
Creek floodplain is identified on the countywide FIRM of Kendall County,
the floodplain for Rob Roy Creek shall be as determined by the study
prepared for the United City of Yorkville by Engineering Enterprises, Inc.,
dated January 2005, as amended from time to time.
The floodplains of those parts of unincorporated Kendall County that are
within the extraterritorial jurisdiction of the United City of Yorkville or that
may be annexed into the United City of Yorkville are generally identified as
such on the FIRM.
Floodproofing- Any combination of structural or nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate, property and their contents.
Floodproofing Certificate- A form published by FEMA that is used to
certify that a building has been designed and constructed to be structurally
dry flood proofed to the flood protection elevation.
Flood Protection Elevation (FPE) - The elevation of the base flood plus
one foot of freeboard at any given location in the floodplain.
Floodway- That portion of the floodplain required to store and convey the
base flood. The floodway for the floodplains of the Fox River and
Blackberry Creek shall be as delineated on the countywide FIRM of Kendall
County. The floodways for each of the remaining floodplains of the United
City of Yorkville shall be according to the best data available from the
federal, state, or other sources.
Freeboard- An increment of elevation added to the base flood elevation to
provide a factor of safety for uncertainties in calculations, future watershed
development, unknown localized conditions, wave actions and unpredictable
effects such as those caused by ice or debris jams.
Historic Structure- Any structure that is:
1 . Listed individually in the National Register of Historic Places or
preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National
Register;
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2. Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historic district or a district
preliminarily determined by the Secretary to qualify as a registered
historic district;
3 . Individually listed on the state inventory of historic places by the
Illinois Historic Preservation Agency; or,
4. Individually listed on a local inventory of historic places that has
been certified by the Illinois Historic Preservation Agency.
IDNR/OWR- Illinois Department of Natural Resources/Office of Water
Resources.
Lowest Floor- the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, used solely for
parking of vehicles, building access or storage in an area other than a
basement area is not considered a building's lowest floor; provided that such
enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirements of Section 7 of this Chapter.
Manufactured Home- A structure transportable in one or more sections
that is built on a permanent chassis and is designed to be used with or
without a permanent foundation when connected to required utilities.
NFIP- National Flood Insurance Program.
Recreational Vehicle or Travel Trailer- A vehicle which is:
1 . Built on a single chassis.
2. Four hundred (400) square feet or less in size.
3 . Designed to be self-propelled or permanently towable by a light
duty truck and designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational,
camping, travel or seasonal use.
Repetitive Loss Building- A structure which sustained flood related
damages on two separate occasions during a ten year period for which the
cost of repairs at the time of each such flood event on the average equals or
exceeds twenty-five percent (25%) of the market value of the structure
before the damage occurred.
SFHA- See definition of "Floodplain."
Structure - See definition of "Building."
Substantial Damage- Damage of any origin sustained by a structure
whereby the cumulative percentage of damage subsequent to the adoption of
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this Chapter equals or exceeds fifty percent (50%) of the market value of the
structure before the damage occurred regardless of actual repair work
performed. Volunteer labor and materials must be included in this
determination. The tern includes "Repetitive Loss Building" (see
definition).
Substantial Improvement- Any reconstruction, rehabilitation, addition or
improvement of a structure taking place subsequent to the adoption of this
Chapter in which the cumulative percentage of improvements:
1 . Equals or exceeds fifty percent (50%) of the market value of the
structure before the improvement or repair is started; or,
2. Increases the floor area by more than twenty percent (20%).
"Substantial improvement" is considered to occur when the first alteration
of any wall, ceiling, floor or other structural part of the building commences,
whether or not that alteration affects the external dimensions of the
structure. This term includes structures which have incurred repetitive loss
or substantial damage, regardless of the actual repair work done.
The term does not include:
1 . Any project for improvement of a structure to comply with existing
state or local health, sanitary, or safety code specifications which
are solely necessary to assure safe living conditions; or,
2. Any alteration of a structure listed on the National Register of
Historic Places or the Illinois Register of Historic Places.
Violation- The failure of a structure or other development to be fully
compliant with the City's floodplain management regulations. A structure or
other development without the required federal, state, and/or local permits
and elevation certification is presumed to be in violation until such time as
the documentation is provided.
8-7-3 : Base Flood Elevation
This Chapter's protection standard is the base flood. Any development
designed and constructed must be completed in a way which protects against
the base flood. The best available base flood data is listed below. Whenever
a party disagrees with the best available data, the party shall finance the
detailed engineering study needed to replace the existing data and submit it to
FEMA and IDNR/OWR for approval prior to any development of the site.
A. The base flood elevation for the floodplains of the Fox River shall be as
delineated on the 100-year flood profiles in the countywide Flood
Insurance Study of Kendall County.
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B . The base flood elevation for each floodplain delineated as an "AH Zone'
or "AO Zone' on the countywide FIRM of Kendall County shall be that
elevation (or depth) as delineated on such.
C. The base flood elevation for each of the remaining floodplains delineated
as an "A Zone' on the countywide FIRM of Kendall County shall be
according to the best data available from federal, state or other sources.
Should no other data exist, an engineering study must be financed by the
applicant to determine base flood elevations.
D. The base flood elevation for the floodplains of those parts of
unincorporated Kendall County that are within the extraterritorial
jurisdiction of the United City of Yorkville, or that may be annexed into
the United City of Yorkville, shall be as delineated on the 100-year flood
profiles in the Flood Insurance Study of Kendall County.
8-7-4 : Duties of the Code Official
The Code Official shall be responsible for the general administration of this
Chapter and ensure that all development activities within the floodplains
under the jurisdiction of the United City of Yorkville meet the requirements of
this Chapter. Specifically, the Code Official shall:
A. Process development permits in accordance with Section 5 .
B . Ensure that all development in a floodway (or a floodplain with no
delineated floodway) meets the damage prevention requirements of
Section 6.
C. Ensure that the building protection requirements for all buildings subject
to Section 7 are met and maintain a record of the "as-built' elevation of
the lowest floor (including basement) or floodproof certificate.
D. Assure that all subdivisions and annexations meet the requirements of
Section 8 .
E. Ensure that water supply and waste disposal systems meet the Public
Health standards of Section 9.
F. If a variance is requested, ensure that the requirements of Section 11 are
met and maintain documentation of any variances granted.
G. Inspect all development projects and take any and all penalty actions
outlined in Section 13 as a necessary to ensure compliance with this
Chapter.
H . Assure that applicants are aware of and obtain any and all other required
local, state, and federal permits.
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1 . Notify IDNR/OWR and any neighboring communities prior to any
alteration or relocation of a watercourse.
J . Provide information and assistance to citizens upon request about permit
procedures and floodplain construction techniques.
K. Cooperate with state and federal floodplain management agencies to
coordinate base flood data and to improve the administration of this
Chapter.
L. Maintain for public inspection base flood data, floodplain maps, copies of
state and federal permits, and documentation of compliance for
development activities subject to this Chapter.
M . Perform site inspections to ensure compliance with this Chapter and make
substantial damage determinations for structures within the floodplain.
N. Maintain the accuracy of floodplain maps including notifying IDNR/OWR
and/or submitting information to FEMA within six months whenever a
modification of the floodplain may change the base flood elevation or
result in a change to the floodplain map.
O. At his/her discretion, issue a stop-work order requiring the suspension of
the subject development if there is a violation of this Chapter. The stop-
work order shall be in writing, indicate the reason for the issuance, and
shall order the action, if necessary, to resolve the circumstances requiring
the stop-work order. The stop-work order constitutes a suspension of the
permit obtained pursuant to Section 5 of this Chapter.
8-7-5: Development Permit
No person, firm, corporation, or governmental body not exempted by law
shall commence any development in the floodplain without first obtaining a
development permit from the Code Official. The Code Official shall not issue
a development permit unless the proposed development meets the
requirements of this Chapter and all applicable state and federal requirements.
A. The application for a development permit shall be accompanied by:
1 . Drawings of the site, drawn to scale showing property line
dimensions.
2. Existing grade elevations and all changes in grade resulting from
excavation or filling.
3 . The location and dimensions of all buildings and additions to
buildings.
8
4. The elevation of the lowest floor (including basement) of all
proposed buildings subject to the requirements of Section 7 of
this Chapter.
5 . The cost of project or improvements as estimated by a licensed
engineer or architect. A signed estimate by a contractor may also
meet this requirement.
B. Upon receipt of an application for a development permit, the Code Official
shall compare the elevation of the site to the base flood elevation. Any
development located on land that can be shown by survey data to be
higher than the current base flood elevation and which has not been filled
after the date of the site' s first FIRM is not in the floodplain and therefore
not subject to the requirements of this Chapter. Conversely, any
development located on land shown to be below the base flood elevation
and hydraulically connected, but not shown on the current FIRM, is
subject to the provisions of this Chapter.
The Code Official shall maintain documentation of the existing ground
elevation at the development site and certification that this ground
elevation existed prior to the date of the site' s first FIRM identification.
The Code Official shall be responsible for obtaining from the applicant
copies of all other federal, state, and local permits, approvals or permit-
not-required letters that may be required for this type of activity. The
Code Official shall not issue a permit unless all other federal, state, and
local permits have been obtained.
8-7-6: Preventing Increased Flood Heights and Resulting Damages
Within any floodway identified on the countywide FIRM, and within all other
floodplains where a floodway has not been delineated, the following standards
shall apply:
A. Except as provided in Section 6(B) of this Chapter, development shall
only be allowed if it does not cause any increase in flood heights or
velocities or threat to public health and safety. The following specific
development activities are allowed:
1 . Bridge and culvert crossings of streams in rural areas meeting the
following conditions of the IDNR/OWR Statewide Permit
Number 2 :
a. The crossing will not result in an increase in water
surface profile elevation in excess of 1 .0 foot.
b. The crossing will not result in an increase in water
surface profile elevation in excess of one half (0.5)
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foot at a point one thousand (1 ,000) feet upstream
of the proposed structure.
c. There are no buildings in the area impacted by the
increases in water surface profile.
d. The proposed bridge or culvert crossing will not
involve straightening, enlarging, or relocating the
existing channel.
e. The design must be certified by a licensed
professional engineer in the State of Illinois and the
designs must meet the conditions of an IDNR/OWR
permit.
f. The design must be certified by a second licensed
professional engineer.
2. Barge fleeting facilities meeting the following condition of
IDNR/OWR Statewide Permit Number 3 :
This type of development activity is only allowed when
deadmen, pier cells, or other similar anchorage devices
have been permitted by the U . S . Army Corps of
Engineers.
3 . Aerial utility crossings meeting the following conditions of
IDNR/OWR Statewide Permit Number 4 :
a. The utility line must be constructed above the
existing 100-year flood elevation or attached to an
existing bridge.
b. A utility line attached to an existing bridge shall be
constructed above the low cord elevation of the
bridge.
c. No supporting towers or poles shall be located in a
river, lake or stream.
d. Supporting towers including foundation and poles
shall be designed and located so as to not cause an
obstruction of flood flows by trapping debris.
e. All disturbed areas shall be returned to pre-
construction grades and re-vegetated.
10
f All Illinois Commerce Commission, National
Electrical Safety Code, and federal requirements
must be met.
4. Minor boat docks meeting the following conditions of
IDNR/OWR Statewide Permit Number 5 :
a. The boat dock must not extend more than fifty (50)
feet into a waterway and no more than one quarter
( 1 /4) of the width of the waterway and shall not
extend beyond the navigational limit established by
the IDNR and Corps of Engineers.
b. The width of the boat dock shall not be more than
ten ( 10) feet.
c. For L-Shaped or T-shaped docks, the length of that
portion parallel to the shoreline must not exceed
fifty percent (50%) of the landowner' s shoreline
frontage nor fifty (50) feet.
d. Docks must be aligned so as not to cross the
projection of property lines into the waterway or
come within ten (10) feet of the projected property
line.
e. Dock posts must be marked by reflective devices.
f. The boat dock must be securely anchored to prevent
detachment during times of high wind or water.
g. Metal drums or containers may not be used as
buoyancy units unless they are filled with floatation
foam. Containers which previously stored
pesticides, herbicides, or any other toxic chemicals
are not permissible.
h. This Section does not authorize any other related
construction activity such as shore protection or fill.
i . Non-floating boat docks must be constructed in a
manner which will minimize obstruction to flow.
j . At any future date, the permittee must agree to
make necessary modifications to the dock as
determined by the IDNR or Corp of Engineers.
1 ]
5 . Minor, non-obstructive activities (not involving fill or positive
change in grade) meeting the following conditions of
IDNR/OWR Statewide Permit Number 6:
a. The construction of underground utility lines not
crossing a lake or stream, wells, or septic tanks.
b. The construction of light poles, sign posts, and
similar structures.
c. The construction of sidewalks, driveways, athletic
fields (excluding fences), patios, and similar
structures.
d. The construction of properly anchored, unwalled,
open structures such as playground equipment,
pavilions, and carports.
e. The placement of properly anchored buildings not
exceeding seventy (70) square feet in size, nor ten
(10) feet in any dimension. Only one such building
on a property is authorized.
f. The raising of existing buildings, provided no
changes are made to the outside dimensions of the
building and the placement of fill is not involved.
6. Outfall Structures and drainage ditch outlets meeting the
following conditions of IDNR/OWR Statewide Permit Number
7:
a. Any outfall structure, including any headwall or
end-section, shall not extend riverward or lakeward
of the existing adjacent natural bank slope or
adjacent bank protection.
b. The velocity of the discharge shall not exceed the
scour velocity of the channel soil, unless channel
erosion would be prevented by the use of riprap or
other design measures.
c. Outlets fiom drainage ditches shall not be opened to
a stream until the ditch is vegetated or otherwise
stabilized to minimize stream sedimentation.
d. Disturbance of streamside vegetation shall be kept
to a minimum during construction to prevent
erosion and sedimentation. All disturbed floodway
areas, including the stream banks, shall be restored
12
to their original contours and seeded or otherwise
stabilized upon completion of construction.
7. Underground pipeline and utility crossings meeting the following
conditions of IDNR/OWR Statewide Permit Number 8 :
a. In all cases, the crossing shall be placed beneath the
bed of the river, lake or stream and, unless the
crossing is encased in concrete or entrenched in
bedrock, a minimum of three (3) feet of cover shall
be provided. The river, lake or stream bed shall be
returned to its original condition.
b. Disturbance of streamside vegetation shall be kept
to a minimum during construction to prevent
erosion and sedimentation. All disturbed floodway
areas, including stream banks, shall be restored to
their original contours and seeded or otherwise
stabilized upon completion of construction.
e. Any utility crossing carrying material which may
cause water pollution, as defined by the
Environmental Protection Act (415 ILCS 5), shall
be provided with shut-off valves on each side of the
body of water to be crossed.
d. If blasting is to be utilized in the construction of the
crossing, the permittee shall notify the City and
IDNR/OWR at least ten (10) days prior to the
blasting date to allow monitoring of any related fish
kills.
8 . Bank stabilization projects meeting the following conditions of
IDNR/OWR Statewide Permit Number 9:
a. Only the following materials may be utilized in
urban areas: stone and concrete riprap, steel sheet
piling, cellular blocks, fabric-formed concrete,
gabion baskets, rock and wire mattresses,
sand/cement filled bags, geotecbmeal fabric
materials, natural vegetation and treated timber.
Urban areas are defined as: areas of the State where
residential, commercial, or industrial development
currently exists or, based on land use plans or
controls, is expected to occur within ten ( 10) years.
The IDNR/OWR should be consulted if there is a
question of whether or not an area is considered
urban.
13
b. In addition to the materials listed in the preceding
Subsection (a), other materials (e.g. tire revetments)
may be utilized in rural areas provided all other
conditions of 1DNR/OWR Statewide Permit
Number 9 are met.
c. The following materials shall not be used in any
case: auto bodies, garbage or debris, scrap lumber,
metal refuse, roofing materials, asphalt or other
bituminous materials, or any material which would
cause water pollution as defined by the
Environmental Protection Act (415 ILCS 5).
d. The affected length of shoreline, stream bank, or
channel to be protected shall not exceed, either
singularly or cumulatively, one thousand (1000)
feet.
e. All material utilized shall be properly sized or
anchored to resist anticipated forces of current and
wave action.
f. Materials shall be placed in a way which would not
cause erosion or the accumulation of debris on
properties adjacent to or opposite the project.
g. Materials shall not be placed higher than the
existing top of the bank.
h. Materials shall be placed so that the modified bank
full-width and cross-sectional area of the channel
will conform to or be no more restrictive than that
of the natural channel upstream and downstream of
the site.
For projects involving continuous placement of
riprap along the bank, toe of the bank or other
similar applications, in no case shall the cross-
sectional area of the natural channel be reduced by
more than ten percent ( 10%) nor the volume of
material placed exceed two (2) cubic yards per
lineal foot of the stream bank or shoreline. The
bank may be graded to obtain a flatter slope and to
lessen the quantity of material required.
i . If broken concrete is used, all protruding materials
such as reinforcing rods shall be cut flush with the
surface of the concrete and removed from the
construction area.
14
j . Disturbance of vegetation shall be kept to a
minimum during construction to prevent erosion
and sedimentation. All disturbed areas shall be
seeded or otherwise stabilized upon completion of
construction.
k. In the case of seawalls and gabion structures on
lakes, the structure shall be constructed at or
landward of the water line as determined by the
normal pool elevation, unless:
i. It is constructed in alignment with an existing
seawall(s) or gabion structure(s); and,
ii. The volume of material placed, including the
structure, would not exceed two (2) cubic yards
per lineal foot.
1. Excess material excavated during the construction
of the bank or shoreline protection shall be placed
in accordance with local, state, and federal laws and
rules, shall not be placed in a floodway.
9. Accessory structures and additions to existing residential
buildings meeting the conditions of IDNR/OWR Statewide
Permit Number 10:
a. The accessory structure or building addition must
comply with Section 7 of this Chapter.
b. The principal structure to which the project is being
added must have been in existence on the effective
date of IDNR/OWR Statewide Permit Number 10
(July 25, 1988).
c. The accessory structure or addition must not exceed
five hundred (500) square feet in size and must not
deflect floodwaters onto another property.
d. The accessory structure or addition must not
involve the placement of any fill material .
e. No construction shall be undertaken in, or within
fifty (50) feet of, the bank of the stream channel.
f The accessory structure or addition must be
properly anchored to prevent its movement during
flood conditions.
15
g. Only one accessory structure or addition to an
existing structure shall be authorized; plans for any
subsequent addition must be submitted to
IDNR/OWR for review.
h. Disturbance of vegetation shall be kept to a
minimum during construction to prevent erosion
and sedimentation. All disturbed floodway areas
shall be seeded or otherwise stabilized upon
completion of construction.
10. Minor maintenance dredging activities meeting the following
conditions of IDNR/OWR Statewide Permit Number 11 :
a. The affected length of the stream shall not either
singularly or cumulatively exceed one thousand
( 1000) feet.
b. The project shall not include the construction of any
new channel; all work must be confined to the
existing channel or to reestablishing flows in the
natural stream channel; and,
c. The cross-sectional area of the dredged channel
shall conform to that of the natural channel
upstream and down stream of the site.
d. Dredged or spoil material shall not be disposed of in
a wetland and shall be either:
i. Removed from the floodway;
ii. Used to stabilize an existing bank provided no
materials would be placed higher than the
existing top of bank and provided the cross-
sectional area of the natural channel would not
be reduced by more than ten percent (10%), nor
the volume of material placed exceed two (2)
cubic yards per lineal foot of streambank;
iii. Used to fill an existing washed out or scoured
floodplain area such that the average natural
floodplain elevation is not increased;
iv. Used to stabilize an existing levee provided the
height of the levee would not be increased nor
its alignment changed;
16
v. Placed in a disposal site previously approved
by the Department in accordance with the
conditions of the approval; or,
vi . Used for beach nourishment, provided the
material meets all applicable water quality
standards.
e. Disturbance of streamside vegetation shall be kept
to a minimum during construction to prevent
erosion and sedimentation. All disturbed floodway
areas, including the stream banks, shall be seeded or
otherwise stabilized upon completion of
construction.
11 . Bridge and culvert replacement structures and bridge widening
meeting the following conditions of IDNR/OWR statewide
Permit Number 12:
a. A licensed professional engineer shall determine
and document that the existing structure has not
been the cause of demonstrable flood damage.
Such documentation shall include, at a minimum,
confirmation that:
i. No buildings or structures have been impacted
by the backwater induced by the existing
structure; and,
ii. There is no record of complaints of flood
damages associated with the existing structure.
b. A licensed professional engineer shall determine
that the new structure will provide the same or
greater effective waterway opening as the existing
structure. For bridge widening projects the existing
piers and the proposed pier extensions must be in
line with the direction of the approaching flow
upstream of the bridge.
c. The project shall not include any appreciable raising
of the approach roads. This condition does not
apply if all points on the approaches exist at an
elevation equal to or higher than the 100-year
frequency flood headwater elevation as determined
by a FEMA flood insurance study completed or
approved by IDNR/OWR.
17
d. The project shall not involve the straightening,
enlargement or relocation of the existing channel of
the river or stream except as permitted by the
IDNR/OWR Statewide Permit Number 9 (Minor
Shoreline, channel and Strearnbank Protection
Activities) or IDNR/OWR Statewide Permit
Number II (Minor Maintenance Dredging
Activities).
e. The permittee shall maintain records of projects
authorized necessary to document compliance with
the above conditions.
12. Temporary construction activities meeting the following
conditions of IDNR/OWR Statewide Permit Number 13 :
a. No temporary construction activity shall be
commenced until the individual permittee
determines that the permanent structure (if any) for
which the work is being performed has received all
required federal, state and local authorizations.
b. The term "temporary" shall mean not more than one
construction season. All temporary construction
materials must be removed from the stream and
floodway within one year of their placement and the
area returned to the conditions existing prior to the
beginning of construction. Any desired subsequent
or repetitive material placement shall not occur
without the review and approval of the
IDNR/OWR.
c. The temporary project shall be constructed such that
it will not cause erosion or damage due to increases
in water surface profiles to adjacent properties. For
locations where there are structures in the upstream
floodplain, the temporary project shall be
constructed such that all water surface profile
increases, due to the temporary project, are
contained within the channel banks.
d. This Section does not authorize the placement or
construction of any solid embankment or wall such
as a dam, roadway, levee, or dike across any
channel or floodway.
e. No temporary structure shall be placed within any
river or stream channel until a licensed professional
engineer determines and documents that the
18
temporary structure will meet the requirements of
Section 6(A)(12)(c) . Such documentation shall
include, at a minimum, confirmation that no
buildings or structures will be impacted by the
backwater induced by the temporary structure.
f. The permittee shall maintain records of projects
authorized by this Section necessary to document
compliance with the above condition.
g. Disturbance of vegetation shall be kept to a
minimum during construction to prevent erosion
and sedimentation. All disturbed areas shall be
seeded or otherwise stabilized upon completion of
the removal of the temporary construction.
h. Materials used for the project shall not cause water
pollution as defined by the Environmental
Protection Act (415 ILCS 5).
13 . Any development determined by IDNR/OWR to be located
entirely within a flood fringe area shall be exempt from State
Floodway permit requirements.
B. Other development activities not listed in Section 6(A) of this Chapter
may be permitted only if:
1 . A permit has been issued for the work by IDNR/OWR (or
written documentation is provided that an IDNR/OWR permit is
not required); or,
2. Sufficient data has been provided to FEMA when necessary, and
approval obtained from FEMA for a revision of the regulatory
map and base flood elevation.
8-7-7: Building Protection
A. In addition to the damage prevention requirements of Section 6 of this
Chapter, all buildings located in the floodplain shall be protected from
flood damage below the flood protection elevation. This building
protection requirement applies to the following situations:
1 . Construction or placement of a new building or alteration or
addition to an existing building valued at more than one thousand
dollars ($ 1 ,000) or seventy (70) square feet.
2. Substantial improvements or structural alterations made to an
existing building that increase the floor area by more than twenty
percent (20%) or equal or exceed the market value by fifty
19
percent (50%). Alteration shall be figured cumulatively
subsequent to the adoption of this Chapter. If substantially
improved, the existing structure and the addition must meet the
flood protection standards of this Section.
3 . Repairs made to a substantially damaged building. These repairs
shall be figured cumulatively subsequent to the adoption of this
Chapter. If substantially damaged the entire structure must meet
the flood protection standards of this Section.
4. Installing a manufactured home on a new site or a new
manufactured home on an existing site (the building protection
requirements do not apply to returning a manufactured home to
the same site it lawfully occupied before it was removed to avoid
flood damage).
5 . Installing a travel trailer or recreational vehicle on a site for more
than one hundred eighty ( 180) days per year.
6. A Repetitive Loss Building.
B. Residential or non-residential buildings can meet the building protection
requirements by one of the following methods:
1 . The building may be constructed on permanent land fill in
accordance with the following:
a. The lowest floor (including basement) shall be at or
above the flood protection elevation.
b. The fill shall be placed in layers no greater than six
inches before compaction and should extend at least
ten ( 10) feet beyond the foundation before sloping
below the flood protection elevation.
c. The fill shall be protected against erosion and scour
during flooding by vegetative cover, riprap, or other
structural measure.
d. The fill shall be composed of rock or soil and not
incorporated debris or refuse material.
c. Shall not adversely affect the flow of surface
drainage from or onto neighboring properties, and,
when necessary, stormwater management
techniques such as swales or basins shall be
incorporated.
20
2. The building may be elevated on solid walls in accordance with
the following:
a. The building or improvements shall be elevated on
stilts, piles, walls, crawlspace, or other foundation
that is permanently open to flood waters.
b. The lowest floor and all electrical, heating,
ventilating, plumbing, and air conditioning
equipment and utility meters shall be located at or
above the flood protection elevation.
c. If walls are used, all enclosed areas below the flood
protection elevation shall address hydrostatic
pressures by allowing the automatic entry and exit
of flood waters. Designs must either be certified by
a licensed professional engineer or by having a
minimum of one ( 1 ) permanent opening on each
wall no more than one (1 ) foot above grade with a
minimum of two (2) openings. The openings shall
provide a total net area of not less than one ( 1 )
square inch for every one (1 ) square foot of
enclosed area subject to flooding below the base
flood elevation.
d. The foundation and supporting members shall be
anchored, designed, and certified so as to minimize
exposure to hydrodynamic forces such as current,
waves, ice, and floating debris.
i. All structural components below the flood
protection elevation shall be constructed of
materials resistant to flood damage.
ii. Water and sewer pipes, electrical and telephone
lines, submersible pumps, and other service
facilities may be located below the flood
protection elevation provided they are
waterproofed.
iii.The area below the flood protection elevation
shall be used solely for parking or building access
and not later modified or occupied as habitable
space.
iv. In lieu of the above criteria, the design methods
to comply with these requirements may be
certified by a licensed professional engineer or
architect.
21
3 . The building may be constructed with a crawlspace located
below the flood protection elevation provided that the following
conditions are met:
a. The building must be designed and adequately
anchored to resist flotation, collapse, and lateral
movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the
effects of buoyancy.
b. Any enclosed area below the flood protection
elevation shall have openings that equalize
hydrostatic pressures by allowing for the automatic
entry and exit of floodwaters. A minimum of one
opening on each wall having a total net area of not
less than one (1 ) square inch per one (1 ) square foot
of enclosed area. The openings shall be no more
than one (1 ) foot above grade.
c. The interior grade of the crawlspace below the flood
protection elevation must not be more than two (2)
feet below the lowest adjacent exterior grade.
d. The interior height of the crawlspace measured
from the interior grade of the crawl to the top of the
foundations wall must not exceed four (4) feet at
any point.
e. An adequate drainage system must be installed to
remove floodwaters from the interior area of the
crawlspace within a reasonable period of time after
a flood event.
f Portions of the building below the flood protection
elevation must be constructed with materials
resistant to flood damage.
g. Utility systems within the crawlspace must be
elevated above the flood protection elevation.
C. Non-residential buildings may be structurally dry floodproofed (in lieu of
elevation) provided a licensed professional engineer or architect certifies
that:
1 . Below the flood protection elevation the structure and attendant
utility facilities are watertight and capable of resisting the effects
of the base flood.
22
2 . The building design accounts for flood velocities, duration, rate
of rise, hydrostatic and hydrodynamic forces, the effects of
buoyancy, and the impact from debris and ice.
3 . Floodproofing measures will be incorporated into the building
design and operable without human intervention and without an
outside source of electricity.
4. Levees, berms, floodwalls and similar works are not considered
floodproofing for the purpose of this subsection.
D. Manufactured homes or travel trailers to be permanently installed on site
shall be:
I . Elevated to or above the flood protection elevation in accordance
with Section 7(B).
2. Anchored to resist flotation, collapse, or lateral movement by
being tied down in accordance with the rules and regulations for
the Illinois Mobile Home Tie-Down Act (210 ILCS 120/1 , et
seq. ) and the Manufactured Home Installation Code (77 Ill. Adm.
Code 870. 10, et seq. ).
E. Travel trailers and recreational vehicles on site for more than one hundred
eighty ( 180) days per year shall meet the elevation requirements of
Section 7(D) unless the following conditions are met:
1 . The vehicle must be either self-propelled or towable by a light
duty truck.
2. The hitch must remain on the vehicle at all times.
3 . The vehicle must not be attached to external structures such as
decks and porches.
4. The vehicle must be designed solely for recreation, camping,
travel, or seasonal use rather than as a permanent dwelling.
5 . The vehicles largest horizontal projections must be no larger than
four hundred (400) square feet.
6. The vehicle's wheels must remain on axles and inflated.
7. Air conditioning units must be attached to the frame so as to be
safe for movement of the floodplain.
8. Propane tanks as well as electrical and sewage connections must
be quick-disconnect and above the 100-year flood elevation.
23
9. The vehicle must be licensed and titled as a recreational vehicle
or park model, and must either:
a. entirely be supported by jacks; or,
b. have a hitch jack permanently mounted, have the
tires touching the ground and be supported by block
in a manner that will allow the block to be easily
removed by used of the hitch jack.
F. Garages, sheds or other minor accessory structures constructed ancillary to
an existing residential use may be permitted provided the following
conditions are met:
1 . The garage or shed must be non-habitable.
2. The garage or shed must be used only for the storage of vehicles
and tools and cannot be modified later into another use.
3 . The garage or shed must be located outside of the floodway or
have the appropriate state and/or federal permits.
4. The garage or shed must be on a single family lot and be
accessory to an existing principle structure on the same lot.
5. Below the base flood elevation, the garage or shed must be built
of materials not susceptible to flood damage.
6. All utilities, plumbing, heating, air conditioning and electrical
must be elevated above the flood protection elevation.
7. The garage or shed must have at least one permanent opening on
each wall not more than one (1) foot above grade with one (1 )
square inch of opening for every one ( 1 ) square foot of floor
area.
8. The garage or shed must be less than ten thousand dollars
($ 10,000) in market value or replacement cost whichever is
greater or less than five hundred (500) square feet.
9. The structure shall be anchored to resist floatation and
overturning.
10. All flammable or toxic materials (gasoline, paint, insecticides,
fertilizers, etc.) shall be stored above the flood protection
elevation.
11 . The lowest floor elevation should be documented and the owner
advised of the flood insurance implications.
24
8-7-8 : Subdivision Requirements
The United City of Yorkville shall take into account hazards, to the extent that
they are known, in all official actions related to land management use and
development.
A. New subdivisions, manufactured home parks, annexation agreements,
planned unit developments, and additions to manufactured home parks and
subdivisions shall meet the damage prevention and building protection
requirements of Sections 6 and 7 of this Chapter. Any proposal for such
development shall include the following data:
1 . The base flood elevation and the boundary of the floodplain,
where the base flood elevation is not available from an existing
study, the applicant shall be responsible for calculating the base
flood elevation.
2. The boundary of the floodway when applicable.
3 . A signed statement by a registered Professional Engineer that the
proposed plat or plan accounts for changes in the drainage of
surface waters in accordance with the Plat Act (765 ILCS 205/2).
Streets, blocks, lots, parks and other public grounds shall be located and
laid out in such a manner as to preserve and utilize natural streams and
channels. Wherever possible the floodplains shall be included within
parks or other public grounds. However, the floodplain areas within parks
dedicated to satisfy the City Land Cash Ordinance (Ord. 1996-3 and
amending ordinances 2003- 12, 2004-22, 2005-37 and 2006-91 ) shall not
apply toward any land dedication required by said Ordinance unless as
described by Section I(A)(1 ) of said Ordinance.
8-7-9 : Public Health and Other Standards
A. Public health standards must be met for all floodplain development. In
addition to the requirements of Sections 6 and 7 of this Chapter the
following standards apply:
1 . No development in the floodplain shall include locating or storing
chemicals, explosives, buoyant materials, flammable liquids,
pollutants, or other hazardous or toxic materials below the flood
protection elevation unless such materials are stored in a
floodproofed and anchored storage tank and certified by a
professional engineer or floodproofed building constructed
according to the requirements of Section 7 of this Chapter.
2. Public utilities and facilities such as sewer, gas and electric shall be
located and constructed to minimize or eliminate flood damage.
25
3 . Public sanitary sewer systems and water supply systems shall be
located and constructed to minimize or eliminate infiltration of
flood waters into the systems and discharges from the systems into
flood waters.
4. New and replacement on-site sanitary sewer lines or waste disposal
systems shall be located and constructed to avoid impairment to
them or contamination from them during flooding. Manholes or
other above ground openings located below the flood protection
elevation shall be watertight.
5 . Construction of new or substantially improved critical facilities
shall be located outside the limits of the floodplain. Construction
of new critical facilities shall be permissible within the floodplain
if no feasible alternative site is available. Critical facilities
constructed within the SFHA shall have the lowest floor (including
basement) elevated or structurally dry floodproofed to the 500-year
flood frequency elevation or three feet above the level of the 100-
year flood frequency elevation whichever is greater.
Floodproofing and sealing measures must be taken to ensure that
toxic substances will not be displaced by or released into
floodwaters. Access routes elevated to or above the level of the
base flood elevation shall be provided to all critical facilities.
B . All other activities defined as development shall be designed so as not to
alter flood flows or increase potential flood damages.
8-7-10: Carrying Capacity and Notification
For all projects involving channel modification, fill, or stream maintenance
(including levees), the flood carrying capacity of the watercourse shall be
maintained.
In addition, the United City of Yorkville shall notify adjacent municipalities in
writing thirty (30) days prior to the issuance of a permit for the alteration or
relocation of the watercourse.
8-7-11 : Variances
Whenever the standards of this Chapter place undue hardship on a specific
development proposal, the applicant may apply to the City Code Official for a
variance. The City Code Official shall review the applicant's request for a
variance and shall submit its recommendation to the City Council. The City
Council may attach such conditions to granting of a variance as it deems
necessary to further the intent of this Chapter.
A. No variance shall be granted unless the applicant demonstrates that all of
the following conditions are met:
26
I . The development activity cannot be located outside the
floodplain.
2. An exceptional hardship would result if the variance were not
granted.
3 . The relief requested is the minimum necessary.
4. There will be no additional threat to public health, safety or
creation of a nuisance.
5 . There will be no additional public expense for flood protection,
rescue or relief operations, policing, or repairs to roads,
utilities, or other public facilities.
6. The applicant's circumstances are unique and do not establish a
pattern inconsistent with the intent of the NFIP.
7. All other state and federal permits have been obtained.
B . The City Council shall notify an applicant in writing that a variance from
the requirements of the building protection requirements of Section 7 of
this Chapter that would lessen the degree of protection to a building will:
1 . Result in increased premium rates for flood insurance up to
twenty-five dollars ($25) per one hundred dollars ($ 100) of
insurance coverage.
2. Increase the risk to life and property.
3 . Require that if the applicant wishes to proceed, he/she must
acknowledge in writing the assumption of the risk and liability.
C. Variances to the building protection requirements of Section 7 of this
Chapter which are requested in connection with reconstruction, repair, or
alteration of a historic site or historic structure as defined in "Historic
Structures," may be granted using criteria more permissive than the
requirements of Sections 6 and 7 of this Chapter subject to the conditions
that:
1 . The repair or rehabilitation is the minimum necessary to preserve
the historic character and design of the structure.
2. The repair or rehabilitation will not result in the structure being
removed as a certified historic structure.
8-7-12 : Disclaimer of Liability
The degree of protection required by this Chapter is considered reasonable
for regulatory purposes and is based on available information derived from
27
engineering and scientific methods of study. Larger floods may occur or
flood heights may be increased by man-made or natural causes. This Chapter
does not imply that development either inside or outside of the floodplain
will be free from flooding or damage. This Chapter does not create liability
on the part of the United City of Yorkville or any officer or employee thereof
for any flood damage that results from proper reliance on this Chapter or any
administrative decision made lawfully thereunder.
Section 3. This ordinance repeals and replaces all other ordinances adopted by the
United City of Yorkville to fulfill the requirements of the National Flood Insurance
Program. However, this ordinance does not repeal the original resolution or ordinance
adopted to achieve eligibility in the program. Nor does this ordinance repeal, abrogate,
or impair any existing easements, covenants, or deed restrictions. Where this ordinance
and other ordinance easements, covenants or deed restrictions conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
Section 41 The provisions and sections of this Ordinance shall be deemed separable and
the invalidity of any portion of this Ordinance shall not affect the validity of the
remainder.
Section 5. This ordinance shall be in full force and effect from and after its passage,
approval, and publication as required by law.
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois, this Day of , A.D. 2009.
ATTEST:
CITY CLERK
ROBYN SUTCLIFF JOSEPH BESCO
GARY GOLINSKI ARDEN JOSEPH PLOCHER
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS BOB ALLEN
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this Day of A.D. 2009.
MAYOR
28
a C/p` Reviewed By: Agenda Item Number
J� �n Legal ❑ (1
E Finance ESE Finance
Engineer �j heta9
Tracking Number
City Administrator ❑
Consultant ❑ p aoo� -ay
LE
Agenda Item Summary Memo
Title: Fox Road LAPP—Agreements for Engrg.,Federal Participation, and MFT Resolution
Meeting and Date: February 17,2009 Public Works Committee
Synopsis: These agreements are for construction engineering and 75%federal participation.
The MFT resolution for $142,500 pays for the city's share of the project.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Approval of construction engineering agreement, federal
Participation agreement, and MFT appropriation resolution.
Submitted by: Joe Wywrot Engineering
Name Department
Agenda Item Notes:
C/T`
d p Memorandum
EST. W° ess To: Brendan McLaughlin, City Administrqkor
From: Joe Wywrot, City Engineer (�
CC: Sue Mika, Finance Director
<GE;�`,C� Lisa Pickering, Deputy City Clerk
Date: February 10,2009
Subject: Fox Road LAPP Project—Agreements for Construction
Engineering &Federal Participation, and MFT Resolution
Attached find one (1) copy each of two agreements for the Fox Road(Rt.47—Poplar)project.
Also attached find an MFT appropriation resolution in the amounts of$142,500.00 to pay for the
city's share of this project.
This project includes 75%federal participation for both construction and construction
engineering. In order to keep on track for the planned April 2009 bid opening,we need to
proceed at this time with approval of these agreements and the appropriation resolution.
Please place these items on the February 17,2009 Public Works Committee agenda for
consideration.
11Ino1S nlent Resolution for Improvement by
Municipality Under the Illinois
Of Transportafion 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
Fox Road FAU 2516 Illinois Route 47 Poplar Drive
BE IT FURTHER RESOLVED,
1 . That the proposed improvement shall consist of construction and construction engineering
and shall be constructed N/A wide
and be designated as Section 08-00037-00-RS
2. That there is hereby appropriated the (additional 0 Yes ❑ No) sum of One hundred forty-two thousand, five
hundred and 00/100---------------------------------------------------- Dollars ( $142,500.00 ) 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
United City of Yorkville
City, Town or Village
County of Kendall hereby certify the
Date
foregoing to be a true, perfect and complete copy of a resolution adopted
by the City Council
Council or President and Board of Trustees
Department of Transportation at a meeting on February 24, 2009
Date
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this
day of
Regional Engineer
(SEAL)
City, Town, or Village Clerk
Printed 2/10/2009 BLR 09111 (Rev. 11/06)
I11,noI, Pga=1 ...q .......,� Ql wuucu nn ruruu MOcount
of11 TranLL//�GGo 1tYY,n1OCrnJJ 'rtt United City of Yorkville X
Local Agency Agreement Section Fund Type ITEP Number
for Federal Participation 08-00037-00-RS STU
Construction En ineerin
Ri ht-of-Wa
Job Number Project Number Job Number Project Number Job Number Project Number
C-93-020-09 M-9003(117)
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 Fox Road Route FAU 2516
Length 5,337 ft.
Termini From 380' East of Poplar Drive to 108' West of Illinois Route 47 (FAP 326)
Current Jurisdiction United City of Yorkville Existing Structure No N/A
Project Description
This work shall consist of pavement patching, hot in-place recycling, leveling binder 1 .0" and surface course 1 .5", aggregate shoulders,
pavement striping, restoration and incidental and collateral work necessary to complete the project as shown in the plans.
Division of Cost
Type of Work FHWA % STATE %, LA %, Total
Participating Construction $378,750.00 ( ) ( ) $126,250.00 ( BAL ) $505,000.00
Non-Participating Construction ( ) ( ) ( )
Preliminary Engineering ( ) ( ) ( I
Construction Engineering $48,750.00 ( ) ( ) $16,250.00 ( BAL ) $65,000.00
Right of Way ( ) ( ) ( )
Railroads ( ) ( ) ( )
Utilities ( ) ( ) ( )
TOTAL $ 427,500.00 $ $ 142,500.00 $ 570,000.00
'Maximum FHWA (STU) Participation 75% Not to Exceed $427,500.00
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.
It funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above.
The Federal share of construction engineering may not exceed 15% of the Federal share of the final construction cost.
Local Agency Appropriation
By execution of this Agreement, the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and
additional funds will be appropriated, if required, to cover the LA's total cost.
Method of Financing (State Contract Work)
METHOD A---Lump Sum (80% of LA Obligation)
METHOD B--- Monthly Payments of
METHOD C---LA's Share Balance divided by estimated total cost multiplied by actual progress payment.
(See page two for details of the above methods and the financing of Day Labor and Local Contracts)
Printed on 214/2009 Page 1 of 4 BLR 05310 (Rev. 03/26108)
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 If 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 If 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 contractors 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 2/4/2009 Page 2 of 4 BUR 05310 (Rev. 03/26/08)
(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 2/4/2009 Page 3 of 4 BLR 05310 (Rev. 03/26/08)
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 at sec.). 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 of sea.) 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 Mao Fox Road
(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
State of Illinois
Name Valerie Burd Department of Transportation
Title Mayor
/Mayor,^l^g�°�^^'^' o"-�-. Milton R. Sees, Secretary of Transportation
Signature Date
Date
TIN Number 36-6006169 Christine M. Reed, Director of Highways/Chief Engineer
NOTE: If signature is by an APPOINTED official, a resolution authorizing Ellen J. Schanzle-Haskins, Chief Counsel
said appointed official to execute this agreement is required.
Ann L. Schneider, Director of Finance and Administration
Printed on 2/4/2009 Page 4 of 4 BLR 05310 (Rev. 03/26108)
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Engineering Enterprises, Inc.
CONSULTING ENGINEERS
4 52 Wheeler . . . .
Road FOX ROAD LAPP RESURFACING . . :
.a. . .
Local Agency Consultant
United City of Yorkville L Illinois Department Engineering Enterprises, Inc.
p of Transportation C
County C 0 Address
Kendall A N 52 Wheeler Road
Section L S City
Project No. Sugar Grove State
A Construction Engineering � IL
G Services Agreement T
Job No. Zip Code
C-93-020-09 E Federal Participation A
Contact ntact N Name/Phone/E-mail Address N N Contact Name/Phone/E-mail Address
Joe Wywrot, P. E, 630-553-8527 C T Ronald G. Naylor, P. E. , 630-466-6700
JWywrot @yorkville.il.us Y rnaylor @eeiweb.com
THIS AGREEMENT is made and entered into this day of I between the above
Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the PROJECT
described herein. Federal-aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of
Transportation (STATE) will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS.
WHEREVER IN THIS AGREEMENT the following terms are used, they shall be interpreted to mean:
Regional Engineer Regional Engineer, Department of Transportation
Resident Engineer LA Employee directly responsible for construction of the PROJECT
Contractor Company or Companies to which the construction contract was awarded
Project Description
Name Fox Road Route 2516 Length 5,337 If Structure No, N/A
Termini From 380' East of Poplar Drive to 1 08' West of Illinois Route 47 (FAP 326)
Description: This work shall consist of pavement patching, hot in-place recycling, leveling binder 1 .0" and surface course 1 .5", aggregate
shoulders, pavement striping, restoration and incidental and collateral work necessary to complete the project as shown in the plans.
Agreement Provisions
1. THE ENGINEER AGREES,
1 . To perform or be responsible for the performance of the engineering services for the LA, in connection with the PROJECT
hereinbefore described and checked below:
® a. Proportion concrete according to applicable STATE Bureau of Materials and Physical Research (BMPR) Quality
Control/Quality Assurance (QC/QA) training documents or contract requirements and obtain samples and perform
testing as noted below.
® b. Proportion hot mix asphalt according to applicable STATE BMPR QC/QA training documents and obtain samples
and perform testing as noted below.
® c. For soils, to obtain samples and perform testing as noted below.
® d. For aggregates, to obtain samples and perform testing as noted below.
NOTE: For 1 a. through 1 d. the ENGINEER is to obtain samples for testing according to the STATE BMPR "Project
Procedures Guide", or as indicated in the specifications, or as attached herein by the LA; test according to the
STATE BMPR "Manual of Test Procedures for Materials", submit STATE BMPR inspection reports; and verify
compliance with contract specifications.
® e. Inspection of all materials when inspection is not provided at the sources by the STATE BMPR, and submit
inspection reports to the LA and the STATE in accordance with the STATE BMPR "Project Procedures Guide" and
the policies of the STATE.
®
I. For Quality Assurance services, provide personnel who have completed the appropriate STATE BMPR QC/QA
trained technician classes.
® g. Inspect, document and inform the resident engineer of the adequacy of the establishment and maintenance of the
traffic control.
Page 1 of 7 BLR 05611 (Rev. 9/06)
Printed on 2/4/2009 9:23:45 AM
h. Geometric control including all construction staking and construction layouts.
®
I. Quality control of the construction work in progress and the enforcement of the contract provisions in accordance
with the STATE Construction Manual.
® j. Measurement and computation of pay items.
® k. Maintain a daily record of the contractor's activities throughout construction including sufficient information to permit
verification of the nature and cost of changes in plans and authorized extra work.
® I. Preparation and submission to the LA by the required form and number of copies, all partial and final payment
estimates, change orders, records, documentation and reports required by the LA and the STATE.
® m. Revision of contract drawings to reflect as built conditions.
2. Engineering services shall include all equipment, instruments, supplies, transportation and personnel required to perform the duties
of the ENGINEER in connection with the AGREEMENT.
3. To furnish the services as required herein within twenty-four hours of notification by the resident engineer or authorized
representative.
4. To attend meetings and visit the site of the work at any reasonable time when requested to do so by representatives of the LA or
STATE.
5. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties
without the written consent of the LA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished
by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT.
6. The ENGINEER shall submit invoices, based on the ENGINEER's progress reports, to the resident engineer, no more than once a
month for partial payment on account for the ENGINEER's work completed to date. Such invoices shall represent the value, to the
LA of the partially completed work, based on the sum of the actual costs incurred, plus a percentage (equal to the percentage of the
construction engineering completed) of the fixed fee for the fully completed work.
7• That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable to
improvement of the SECTION; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to
perform the services enumerated herein.
8. That the ENGINEER shall be responsible for the accuracy of the ENGINEER's work and correction of any errors, omissions or
ambiguities due to the ENGINEER'S negligence which may occur either during prosecution or after acceptance by the LA. Should
any damage to persons or property result from the ENGINEER's error, omission or negligent act, the ENGINEER shall indemnify
the LA, the STATE and their employees from all accrued claims or liability and assume all restitution and repair costs arising from
such negligence. The ENGINEER shall give immediate attention to any remedial changes so there will be minimal delay to the
contractor and prepare such data as necessary to effectuate corrections, in consultation with and without further compensation from
the LA.
9. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LA.
10 The undersigned certifies neither the ENGINEER nor I have:
a) employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other
than a bona fide employee working solely for me or the above ENGINEER) to solicit or secure this AGREEMENT;
b) agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or
person in connection with carrying out the AGREEMENT or
c) paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above
ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out
the AGREEMENT.
d) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered
transactions by any Federal department or agency;
e) have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against
them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public
(Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property;
f) are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph (e) of this certification; and
g) have not within a three-year period preceding this AGREEMENT had one or more public transactions (Federal, State or local)
terminated for cause or default.
Page 2 of 7 BLR 05611 (Rev. 9/06)
Printed on 2/4/2009 9:23:45 AM
11 . To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA.
12. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent
Amendment or Supplement.
13. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the work called for in the AGREEMENT.
11. THE LA AGREES,
1 . To furnish a resident engineer to be in responsible charge of general supervision of the construction.
2. To furnish the necessary plans and specifications.
3. To notify the ENGINEER at least 24 hours in advance of the need for personnel or services.
4. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the
following compensation formulas:
Cost Plus Fixed Fee ® CPFF = 14.5%[DL + R(DL) + OH(DL) + IHDC], or
❑ CPFF = 14.5%[DL + R(DL) + 1 .4(DL) + IHDC], or
❑ CPFF = 14.5%[(2.3 + R)DL + IHDC]
Where: DL = Direct Labor
IHDC = In House Direct Costs
OH = Consultant Firm's Actual Overhead Factor
R = Complexity Factor
Specific Rate ❑ (Pay per element)
Lump Sum ❑
5. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409:
❑ With Retainage
a) For the first 50% of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by
the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to
90% of the value of the partially completed work minus all previous partial payments made to the ENGINEER.
b) After 50% of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by
the LA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to
95% of the value of the partially completed work minus all previous partial payments made to the ENGINEER.
C) Final Payment — Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have
been made and accepted by the LA and the STATE, a sum of money equal to the basic fee as determined in this
AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to
the ENGINEER.
® Without Retainage
a) For progressive payments — Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA,
monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value
of the partially completed work minus all previous partial payments made to the ENGINEER.
b) Final Payment — Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have
been made and accepted by the LA and STATE, a sum of money equal to the basic fee as determined in this AGREEMENT
less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER.
6. The recipient shall not discriminate on the basis on the basis of race, color, national origin or sex in the award and performance of
any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall
take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-
assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as
violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may
impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C.
1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 at seq.).
Page 3 of 7 BUR 05611 (Rev. 9/06)
Printed on 2/4/2009 9:23:45 AM
III. It is Mutually Agreed,
1 . That the ENGINEER and the ENGINEER's subcontractors will maintain all books, documents, papers, accounting records and
other evidence pertaining to cost incurred and to make such materials available at their respective offices at all reasonable times
during the AGREEMENT period and for three years from the date of final payment under this AGREEMENT, for inspection by the
STATE, Federal Highway Administration or any authorized representatives of the federal government and copies thereof shall be
furnished if requested.
2. That all services are to be furnished as required by construction progress and as determined by the RESIDENT ENGINEER. The
ENGINEER shall complete all services specified herein within a time considered reasonable to the LA, after the CONTRACTOR
has completed the construction contract.
3. That all field notes, test records and reports shall be turned over to and become the property of the LA and that during the
performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the
documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the
ENGINEER's expense.
4. That this AGREEMENT may be terminated by the LA upon written notice to the ENGINEER, at the ENGINEER's last known
address, with the understanding that should the AGREEMENT be terminated by the LA, the ENGINEER shall be paid for any
services completed and any services partially completed. The percentage of the total services which have been rendered by the
ENGINEER shall be mutually agreed by the parties hereto. The fixed fee stipulated in numbered paragraph 4d of Section II shall be
multiplied by this percentage and added to the ENGINEER's actual costs to obtain the earned value of work performed. All field
notes, test records and reports completed or partially completed at the time of termination shall become the property of, and be
delivered to, the LA.
5. That any differences between the ENGINEER and the LA concerning the interpretation of the provisions of this AGREEMENT shall
be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed
by the LA, and a third member appointed by the two other members for disposition and that the committee's decision shall be final.
6. That in the event the engineering and inspection services to be furnished and performed by the LA (including personnel furnished
by the ENGINEER) shall, in the opinion of the STATE be incompetent or inadequate, the STATE shall have the right to supplement
the engineering and inspection force or to replace the engineers or inspectors employed on such work at the expense of the LA.
7. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the
contractor's safety precautions, except as provided in numbered paragraph 1f of Section 1.
8. This certification is required by the Drug Free Workplace Act (301LCS 580). The Drug Free Workplace Act requires that no grantee
or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property
or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the
certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of a contract
or grant and debarment of contracting or grant opportunities with the State for at least one (1 ) year but no more than five (5) years.
For the purpose of this certification, "grantee" or "contractor' means a corporation, partnership or other entity with twenty-five (25) or
more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific
performance under a contract or grant of $5,000 or more from the State, as defined in the Act.
The contractor/grantee certifies and agrees that it will provide a drug free workplace by:
(a) Publishing a statement:
(1 ) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a
controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace.
(2) Specifying the actions that will be taken against employees for violations of such prohibition.
(3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will:
(A) abide by the terms of the statement; and
(B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace
no later than five (5) days after such conviction.
(b) Establishing a drug free awareness program to inform employees about:
(1 ) the dangers of drug abuse in the workplace;
(2) the grantee's or contractors policy of maintaining a drug free workplace;
(3) any available drug counseling, rehabilitation and employee assistance program; and
Page 4 of 7 BLR 05611 (Rev. 9/06)
Printed on 214/2009 9:23:45 AM
(4) the penalties that may be imposed upon an employee for drug violations.
(c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance
of the contract or grant and to post the statement in a prominent place in the workplace.
(d) Notifying the contracting or granting agency within ten (10) days after receiving notice under part (B) of
paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction.
(e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation
program by, any employee who is convicted, as required by section S of the Drug Free Workplace Act.
(f) Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is
required and indicating that a trained referral team is in place.
(g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free
Workplace Act.
9. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this
AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT-assisted
contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in
the termination this AGREEMENT or such other remedy as the LA deems appropriate.
Agreement Summary
Prime Consultant: TIN Number Agreement Amount
En ineerin Enter rises, Inc. 36-3150869 $64,997.37
Sub-Consultants: TIN Number A reement Amount
Terracon Consultants, Inc. Terracon 42-1249917 $10,766.25
Sub-Consultant Total: $10,766.25
Prime Consultant Total: $54,231 . 12
Total for all Work: $64,997.37
Executed by the LA: United City of Yorkville
(Municipality/Township/County)
ATTEST:
By: By.
Clerk Title: Mayor
(SEAL)
Executed by the ENGINEER:
Engineering Enterprises, Inc.
ATTEST:
BY By: 0 V"'), , / /01�
Title: Admi strative Assistant Title: Vice President
Page 5 of 7 BLR 05611 (Rev. 9/06)
Printed on 2/4/2009 9:23:45 AM
EXHIBIT A
ROVE FAV 25161 FOX ROAD.ME.Or POPLAR TO tarty,OF I ,D PHASE IN -CONSTRUCTION ENGINEERING 'FIRMS APPROVED WEE ON PILE WITH LOOT'S
LOCAL AGENCY:UNITED CRY OF YORNVILLE
BUREAU OF ACCOUNTING AND AUDITING:
MUMCRNnYrtEwNSwP.CWenvl
SECTION: OBO00:T)0]RS
OVERHEAD PATE: 18503
PROJECT: MTAWBIIt]I FOX ROAD LAPP RESURFACING COMPLE XITY FACTOR: MO 00005 00.07
JOBUO.: C93AAd2
CPLENDAR GAYS:87377 CONTRACT STRU: TURE ESTIMATE OF LEVEL OF EFFORT AND SURVE IPIG COST
EXISTING STRUCTURE RO.: WP PROFESSIONAL EXGIXEEMNG AMO tANO SURVEYING 6ERWCES
TYPE OF FUNDING' SID
En ineer'5 COm e
X L 5 DL'RIX)aOxM
CPFF. 11 MOL InARX IHOL,w
CPFF= 14S RdaH ♦IHXl
&MMAGER AYROLL AVG. PROJECT ADMINISTRATION PROJECT LAYOUT PROJECTOSSERVATION PROJECT DOCUMENTATION
SSIFICATION HOURLY WGTO % WGTO % WGTO % WGTO
RATES HOURS ART. RATE HOURS PART, RATE HOURS RATE HOURS ART. RATE
I SENIOR PRIN $ 70,00 003 OW 003 OW PART,
003 OX OW 0
2 PRINCIPAL S 56.29 4 7.41 4.32 000 0.03 OM 0a 000 0.TV
3 SENOR PROJAGER $ 47.79 2593 1239 00] OJT(] 426 203 25 2294 to'
4 PROJECT MA $ 3631 269 000 Boo 4.26 155 ow O.
55ENIOR PROJNEENPUWNEWSURVEYOR II $ 3551 O.W 000 OO] 0 OW O. 003 O.65E NIOR PROJINEEWPLANNEWSVRVEYORI E 2948 26 4615 u,t9 8 66.8) 1965 291. 8936 P63a fifi 00,55 1]85
] PROJECT ENNNEP/BURVEYOR $ 2524 OD3 000 331. 8A1 0.00 0. 003 01.0 B SENIOR ENGINNEWSVRVEYOP S 21.15 000 000 020 OW 0LU 0. 000 OW
95ENIOR PROJNICIAN I $ 30.]0 OOJ OM Gm OW OW 0 3,6] 1,13
10 PROJECT TEC $ 25.37 OM 0 Go 000 OA3 003 So OW 000
I I SENIOR TECHNICIAN S 25.42 ow BOB 0.00 OA3 OW 00 000 000
12 ADMINISTRATIVE ASSISTANT S 21.14 6 11,11 235 000 ow ) Lb 0A 14 1284 2]2
OW OW
TOTALS 54 1C0 ]5.94 12 100 2&0 329 1Po 3037 103 103 32.65
E1.940,]8 533880 E9.8250 33.559.19
PAYROLL AVG.
CLA5561CATION HOURLY MAN M11,615,128,519,69 PAYROLL BURDEN OVERHEAD
RATES HOURS $PRINGECOSTS & EXPENSES A4,M,95 TOTAL
'FIRMS TOOT RATES ASOF AUGUST 10.2008 SENIOR PRINCIPAL $ low 0 M CM 000 000
PWGIFAL 5 5829 16 17102 RXA2 5 76086
SENIOR PFOJEGT MANAGER S q]9 53 8] 1.85786 3.62]95 1 826539
PAYROLL BUROEN 6 FRINGE'. 7335 PROJECT MANAGER $ 3631 IB 58 4]940 ]29]2 2,13279
OVERHEAD S EXPENSES: lit.65 SENIOR PROJECT ENGINEEWPLANNERI SURVEYOR II S 35.51 0 BABY 000 OA] 00 060
PROFIT 14. SENIOR PROJECT ENGWEEWPLANNERAURVEYOR I $ 29.48 394 12 &51969 12.90028 95 3],903.04
PROJECT ENGINFEWPIANNEWSURVEYOR S 2524 4 ,96 )4.05 112.]2 329.46
SENIOR ENGINEEPIPLANNERSURVEYOR 5 21.45 0 03 0W 000 OM
SENIOR PROJECT TECHNICIAN I $ 30.]0 4 80 900) 13].11 5 400.)3
PROJECT TECHNICIAN $ 269 0 W am 003 OW S 2542 0 00 000 003 0W
ADMIMPTRATNE ASSISTANT S 2L14 2) )8 4166] 637.28 ) 186280 SUBTOTAL SW 3] 511610P $1].$)]38 5 $51,650.b
SERMES BY OTHERS
TERRACON CONSULTANTS, INC. ERRACON $10.7662S
IN HOUSE DIRECT COSTS
TRANSPORTATION 22WW
PRO FR 32815 32625
SUBTOTAL b2625 $13 LW
AODTONAL PROJECT TOTAL $6,85770 $6699]3)
G WuEppYOhWML2WTV0.b15
Fos Read LAPRERIine vIng Agr¢amen sIGUR BUY EI ITH A Lorsintc ion Engineering Phase LIT MNExN:ft A
ENGINEERING ENTERPRISES.TNC,
CONSULTING ENGINEERS
SUGAR GROVE. IL page I
ENGINEERING ENTERPRISES, INC.
PAYROLL HOURLY RATE RANGE
PROFESSIONAL ENGINEERING $ LAND SURVEYING SERVICES
December 2008
HOURLY AVERAGE
PAYROLL RATE HOURLY
CLASSIFICATION RANGE RATE
[E-4] Senior Principal $72.12 - $100.96
[E-3] Principal $ 86.54
$57.69 - $60. 10 $ 58.29
[E-2] Senior Project Manager $42.71 - $57.69 $ 47.79
[E-1 ] Project Manager $34.32 - $39.26
$ 36.31
[P-6] Sr. Project Engineer/Planner/Surveyor II $32.85 - $42.25 $ 35.51
[P-5] Sr. Project Engineer/Planner/Surveyor 1 $25.68 - $32.32 $ 29.48
[P-41 Project Engineer/Planner/Surveyor $23.08 - $31 .25 $ 25.24
[P-3] Senior Engineer/Planner/Surveyor $21 . 15 - $21 . 15 $ 21 . 15
[T-6] Sr. Project Technician 11 $33.05 - $39.32 $ 36. 16
[T-5] Sr. Project Technician 1 $29.73 - $31 .67 $ 30.70
[T-0] Project Technician $25.76 - $26.99
$ 26.37
[T-3] Senior Technician $25.42 - $25.42
$ 25.42
[A-3] Administrative Assistant $14.33 - $25.88 $ 21 . 14
FOX ROAD LAPP RESURFACING PROJECT
UNITED CITY OF YORKVILLE
Section No. 08-00037-00-RS
DIRECT EXPENSES
NO. UNIT COST/UNIT COST
DESCRIPTION:
Vehicle/Transportation 50 Day $ 45.00 $ 21250.00
Total $ 21250.00
GAPu1b1icWofti11eMO8\V00815 Fox Road LAPP\Engineering Agreements fBLR 05611 Exhibit A Constmchon Engineering Phase 111AISIDirect
co I IMA I cU UUNS I HUG I ON ENGINEERING SERVICES FOR THE FOX ROAD LAPP PROJECT
Proiect Information: Key Dales:
Section: 08-00037-00-RS Letting: April 24, 2009
Local Agency United City of Yorkville (anticipated) Award: May 22, 2009
County: Kendall (anticipated) Begin Construction: June 15, 2009
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ENGINEERING ENTERPRISES, INC.
CONSULTING ENGINEERS
SUGAR GROVE, IL
Exhibit B
Illinois Department
of Transportation Engineering Payment Report
Prime Consultant
Name Engineering Enterprises, Inc.
Address 52 Wheeler Road
Telephone 630-466-6700
TIN Number 36-3150869
Project Information
Local Agency United City of Yorkville
Section Number 08-00037-00-RS
Project Number M-9003(117)
Job Number C-93-020-09
This form is to verify the amount paid to the Sub-consultant on the above captioned contract. Under penalty of law for
perjury or falsification, the undersigned certifies that work was executed by the Sub-consultant for the amount listed below.
Sub-Consultant Name TIN Number Actual Payment
from Prime
Terracon Consultants, Inc. 42-1249917
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
concurrinq with the payment amount specified above.
Page 7 of 7 BLR 05611 (Rev. 9/06)
Printed on 21412009 9:23:45 AM
C � }
Consulting Engineers & Scientists
January 13, 2009 135 Ambassador Drive
Naperville, Illinois 60540
Engineering Enterprises , Inc. Phone 630.717.
g g p Fax 630.357.99489 489
52 Wheeler Road wmv.terracon.com
Sugar Grove, Illinois 60554
Attention: Mr. Tim Weidner
Project Engineer
RE : Proposal for Quality Assurance (QA) Testing Services
Fox Road LAPP — Materials Engineering
County: Kendall
Yorkville, Illinois
Terracon Proposal No. : P11090009
Dear Mr. Weidner:
Thank you for allowing Terracon Consultants, Inc. (Terracon) the opportunity to submit this
proposal to provide Construction Observation and Testing Services for the above referenced
project in Yorkville, Illinois. We appreciate your consideration and took forward to our
continued relationship with EEI.
A. PROJECT INFORMATION
The proposed project is planned to start around June, 2009. The proposed improvements
begin at station 13+80 on Fox road a point 5,445 feet west of the centerline of IL Route 47 in
the United city of Yorkville, Illinois. The work terminates at a point 108' to the west of the
centerline of IL route 47. It is our understanding that the work will consist of removal and
resurfacing of bituminous pavements, removal and replacement of side walk concrete. Also
included is trench backfill, patches, combination of curb & gutter and HMA drive way
pavements etc.
B. SCOPE OF SERVICES
We understand that our scope of services will include performing Quality Assurance (QA) on
behalf of the city of Yorkville. Quality Control (QC) services will be performed by others on
behalf of the Contractor.
The frequency of sampling and testing will be performed in general accordance with the
latest version of the Project Procedure Guide and other IDOT testing procedures and
policies and guidelines outlined in the IDOT "Standard Specifications for Road and Bridge
Delivering Success for Clients and Employees Since 1965
More Than 95 Offices Nationwide
Fox Road LAPP Tc.rrrcars Consultant, inc.
Yorkville, Illinois
Terracon Proposal No. P11090009
January 13, 2009
Page 2 of 8
Construction" and "Supplemental Specifications and Recurring Special Provisions" dated
January 1 , 2007 .
Concrete Inspection
An IDOT Level II Certified Plant Technician will perform testing at the concrete plant in
general accordance with the requirements of ACI 311 .5R "Guide for Concrete Plant
Inspection of Ready Mixed Concrete" and IDOT's "Guidebook for Reporting Material
Inspection on Portland Cement Concrete Mixtures", dated February 1 , 2002. The technician
will be present at the batch operations to verify that the specified type and amount of
materials batched conform to the approved design mix proportions, or that batch weights fall
within the specified tolerances. Batch weight tickets will be obtained at the batching console
with type and batch weights of aggregate, cement, water cement ratio and admixtures
shown. The weights will be compared to the mix design . On a weekly basis, samples of fine
and coarse aggregate used in concrete batched will be returned to the laboratory for
moisture content and gradation determination. Slump and air content tests will be performed
on the batched concrete. Test results not in compliance with specification or mix design will
be immediately reported to the united city of Yorkville, IDOT and Plant QC personnel.
Asphalt Field Testing
Density tests will be performed on the asphalt during placement. If requested, asphalt core
samples will also be taken to verify thickness and/or density and calibrate the nuclear density
testing gauge.
Asphalt Plant Testing
An )DOT Certified Plant Technician will perform testing at the asphalt plant to verify that the
materials used to produce the mix meet the approved mix design. Our technician will
perform scale checks, record asphalt mix and aggregate temperatures and obtain aggregate
samples from stockpiles/hot bins for gradation tests. Test results not in compliance with
specifications or mix design will be reported to the united city of Yorkville, IDOT and Plant
QC personnel.
Asphalt Laboratory Testing
An IDOT Certified Technician will perform gradation tests of aggregate samples collected at
the plant and perform laboratory tests of the hot mix sample to determine specific gravity,
gradation, asphalt content and voids by extraction and gyratory method. Test results not in
compliance with specifications or mix design will be reported to the united city of Yorkville,
IDOT and Plant QC personnel.
Fox Road LAPP Tcr.ccon Consultants , Inc.
Yorkville, Illinois
Terracon Proposal No. P11090009
January 13, 2009
Page 3 of 8
Additional Services
Adjustments to the estimated scope described above may be necessary if additional project
information and/or specifications related to our work are altered . If you would like us to
perform additional services beyond the scope described above , let us know and we will issue
another short Supplement to the Agreement form , or Supplemental Proposal , which outlines
the additional work to be performed and the associated fees. To authorize us to begin this
additional work, you simply return a signed copy of the Supplement.
Test Results
Reporting of results will be in accordance with the project procedures guide. Results of field
tests will be submitted verbally to authorize personnel at the site upon completion of the
tests. Hand-written copies of our Daily Reports may be left at the job-site trailer each day, if
you desire. Final summaries of field tests and observations are usually submitted at
intervals of approximately one to two weeks. However, the report interval may be adjusted
to fit your needs.
Results of laboratory tests will be submitted either upon completion of tests or with the next
field services report.
The presence of and testing performed by our representative does not relieve the
contractor(s) or his agent(s) from contractual responsibilities and does not excuse defects in
his work. Our services specifically exclude job site safety responsibility, and our services do
not relieve any contractor/subcontractor from complying with project specifications.
Protect Schedule
Our services will be provided as requested by you or your designated representative. We
recommend the services be scheduled a minimum of one ( 1 ) working day in advance. We
will endeavor to schedule services on lesser notice, but may not always be able to meet the
desired project schedule. All requests for services should be submitted to this office, (phone
630/717-4263).
Fox Road LAPP 7' e� rac;;rn Consuhmit , Inc.
Yorkville, Illinois
Terracon Proposal No. P11090009
January 13, 2009
Page 4 of 8
C . COMPENSATION
The billing for our services will be based on the work performed and charged in accordance
with our schedule of fees listed below. We understand that this oroiect will fall under Illinois
Prevailing Wage law. The rates listed below are for the current Prevailing Wage Rates in
Kendall County for March 2009.
UNIT RATES
Principal Engineer ( P. E . ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 150.00/hour
Project Manager (Project Coordination/Supervision and Reports) . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 105.00/hour
Union Technician — Material Tester 1 Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $76. 10/hour
Union Technician — Material Tester 2 Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $90. 10/hour
StandardProctor . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150.00/each
ModifiedProctor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . $ 175.00/each
Concrete Cylinders (Compressive Strength Test and Unbroken) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15.00/each
Mortar and Grout Compressive Strength Test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18.00/each
Sieve Analysis - Unwashed (ASTM C 136 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$90.00/each
Sieve Analysis — Washed over #200 sieve (ASTM C 136). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $110.00/each
Asphalt Content and Washed Gradation (Extraction/Reflux Method) . . . . . . . . . . . . . . . . . . . . . . $215.00/each
Core Density and Thickness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$35.00/each
Coring Equipment (Core Rig & Generator) . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150.00/day
Super Pave (Gyratory Molded) Density (Set of 2 specimens) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $200.00/set
Theoretical Maximum Specific Gravity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . $100.00/each
VehicleCharge . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30.00/trip
NuclearDensity Gauge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . $25.00/day
*Our unit rates are based on a normal 8-hour workday, Monday through Friday, between
normal business hours of 6:OOam to 5:OOpm . Overtime beyond 8-hours per day, outside
normal hours and on Saturday will be invoiced at a rate of 1 . 3 times the normal hourly rate
indicated above . Work on Sundays and Holidays will be invoiced at 2. 0 times the hourly
rate. All site visits will be subject to a 4-hour minimum charge . Above rates are portal-to-
portal from our Naperville, Illinois office. The above rates are valid through the duration of
the project.
** If requested services are cancelled upon arrival to project site, a four (4) hour minimum
charge and appropriate trip charge per visit will be applied.
***A minimum of '/2 hour of Project Engineering time will be charged per technician per day.
Terracon's fees would be determined by the actual amount of technical time expended for
this project and the amount of laboratory testing performed . For the outlined scope of
Fox Road LAPP i erraco t t•+° Euliar,rs, I o.
Yorkville, Illinois
Terracon Proposal No. P11090009
January 13, 2009
Page 5 of 8
services described in this proposal , and the estimated project duration , our total fee is
estimated to be on the order of $ 10,766.25.
The actual cost of our services will depend on the construction schedule, weather, site
conditions and contractor performance. Please note that Terracon has little to no control
over the project schedule or the means and methods of construction. Therefore, the amount
of time required can vary somewhat and the estimated construction materials testing budget
can vary from our initial estimate. Any additional work required beyond our estimate will
require a supplemental agreement. We will not proceed without your authorization, as
evidenced by your signature on the Supplement Agreement form.
D. AUTHORIZATION
This proposal is prepared for the exclusive use of Engineering Enterprises, Inc. This
proposal may be accepted by signing the attached Agreement for Services and returning an
executed copy, along with this proposal to Terracon. One fully executed copy will be
returned to you for your files. This proposal is valid only if authorized within sixty days from
the listed proposal date.
Once again, we appreciate the opportunity to submit this proposal for the Construction
Testing Services, and we look forward to working with you on this project. If you have any
questions or would like to further discuss our scope of service, please do not hesitate to
contact us.
Sincerely,
Terracon Cansultants, Ino.
Pradip Tailor Kalyani N Zal bhaktuni, P. E.
Project i Manager Project Manager
I r
Matthew E. Ribordy, P. E.
Office Manager
Attachments: Exhibit A
Agreement for Services
Exhibit A - Preliminary Engineering
Route: FAU 2516 'Firm's approved rates on file with IDOT'S
Local Agency. The United City of Yorkville Bureau of Accounting and Auditing.
(Municipality.Township County)
Section: 08-00037-00-FP Overhead Rate (OH) 145.00 °t
Project Pox Road LAPP Complexity Factor (R) 0.00
Proposal No.'. P11090009 Calendar Days
Method of Compensation.
Cost Pius Fixed Fee 1 14 .5`4�(DL + R(DL ) + OH(DL ) + IHDC)
Cost Plus Fixed Fee 2 ❑X 145°.(DL - R(DL ) + 1 .4(DL) = IHDC)
Cost Plus Fixed Fee 3 F-] 14 54,((2.3 4 R)DL + IHDC)
Specific Rate
Lump Sum ❑
Cost Estimate of Consultant's Services in Dollars
Element of Work Employee Man- Payroll Payroll Overhead' Services by In-House Direct profit Total
Classification Hours Rate Costs ( hers DL) Off Costs (IHDC)
PCC Testing
Field Testing Field Technician 10 28. 12 281 .20 407.74 9990 788.84
Laboratory Tesli n Lab Technician 5 15.00 75.00 108.75 26.64 210.39
Stockpile Gradation
(Washed) 2 110.00 22000
Stockpile Gradation
(Dry) 2 90.00 180.00
Vehicle Usage 2 30.00 60.00
Bituminous Concrete Testing
Field Testing Field Technician 36 28. 12 1012.32 1467.86 359.63 2839.81
Extraction/Asphalt
Content Tests 3 215.00 645.00
Bulk Specific Gravity
by Gyratory 3 200.00 600.00
Maxium Specific
Gravity 3 100.00 300.00
Stockpile Gradation
(Washed) 3 1 110.00 330.00
Stockpile Gradation
(Dry) 6 9000 t)40 00
Coring Equipment 1 15000 15000
Core Density and
Thickness 18 35.00 630.00
Vehicle Usage 9 30.00 270.U0
Nuclear Gauge 6 25.00 150.00
Trench Backfill with CA-6
Field Observation
and Sample Pickup Field Technician 9 28. 12 253.08 366.97 89.91 709.95
POE Material
Gradation 1 300.00 300.00
Wash Gradation 1 110.00 1 110.00
Proctor Test 1 150.00 150.00
Vehicle Usage 3 30.00 90.00
Nuclear Gauge 1 25.00 25.00
Report ReviewlPreparation
Project Review lProject Manager 16 32.69 523,041 758 4111 185.81 1467.26
Total 141 2144,641 3109.731 761 .88 10766.75
Nerracon
AGREEMENT FOR SERVICES
This AGREEMENT is between Engineering Enterprises. Inc. ("Client") and Terracon Consultants, Inc. ("Consultant-) for Services to be provided by
Consultant for Client on the Fox Road LAPP, Yorkville. Illinois project ('Project), as described in the Project Information section of Consultant s
Proposal dated Jan 13, 2009 ("Proposal") unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit is
incorporated into this Agreement).
1 . Scope of Services. The scope of Consultant's services is described in the Scope of Services section of the Proposal (`Services'), unless
Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement). Portions of the
Services may be subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's
reports address the presence or prevention of biological pollutants (e.g., mold. fungi, bacteria, viruses, or their byproducts) or occupant safely
issues, such as vulnerability to natural disasters. terrorism, or violence. If Services include purchase of software, Client will execute a separate
software license agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and
furnished to Consultant at the time of the Services.
2. Acceptance. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the
Services, and if Services are initialed by Consultant prior to execution of this Agreement as an accommodation for Client at Client s request. both
parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional
terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a
purchase order or other form to administer this Agreement. the use of such form shall be for convenience purposes only and any addilional or
conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party.
3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so
requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and
fees for the requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but
instead directs authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant
will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at
the site or described to Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee.
4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Compensation
section of the Proposal unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated into this
Agreement). If not slated in either, fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in
which they are issued. Consultant may invoice Client at least monthly and payment is due upon receipt of invoice. Client shall notify Consultant in
writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall
promptly pay the undisputed portion. Client shall pay a finance fee of 1 .5% per month, but not exceeding the maximum rate allowed by law, for all
unpaid amounts 30 days or older. Client agrees to pay all collection-related costs that Consultant incurs, including attorney fees. Consultant may
suspend Services for lack of timely payment. It it is later determined that Illinois prevailing wage applies, then Client agrees to pay charges
reflecting prevailing wages from that point forward, as well as a retroactive adjustment to bring amounts previously paid in line with
prevailing wage.
5. Third Party Reliance. This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third
party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and Is not intended for third parties. For a
limited time period not to exceed three months from the date of the report, Consultant will issue additional reports to others agreed upon with
Client, however Client understands that such reliance will not be granted until those parties sign and return Consultants reliance agreement and
Consultant receives the agreed-upon reliance fee.
6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS
PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE
RISKS SO, TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS
RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO
THE GREATER OF $10,000 OR ITS FEE FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING
ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT REGARDLESS OF CAUSE(S) OR
THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY
TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY.
7. Indemnity/Statute of Limitations. Consultant and Client shall defend. indemnify, and hold harmless the other, their agents, and
employees, from and against legal liability for all claims, losses, damages, and expenses 10 the extent such claims, losses, damages, or
expenses are caused by their negligent acts, errors, or omissions. In the event such claims, losses. damages, or expenses are caused by the
joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative
fault principles. Causes of action arising out of Consultant's services or this Agreement regardless of cause(s) or the theory of liability. including
negligence. indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later
than the date of Consultants substantial completion of services on the project.
8. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the
profession currently practicing under similar conditions in the same locale. CONSULTANT MAKES NO WARRANTIES OR GUARANTEES,
EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR
WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Insurance. Consultant represents that it now carries, and will continue to carry: (i) workers' compensation insurance in accordance with the
laws of the states having jurisdiction over Consulbml's employees who are engaged in the Services, and employers liability insurance
($1 .000,000); (it) commercial general liability insurance 1$1 ,000,000 occ 1 $2.000,000 aggi: (iii) automobile liability insurance ($1 ,000,000 B.I . and
P.D. combined single limit); and (iv) professional liability insurance ($1 ,000,000 claim ' agg). Cenificates of insurance will be provided upon
request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage.
Agreement Reference Number ITerracon Proposal or Project Number): P11090009
Page 1 of 2 Rev_ 3- e
--- Irerr - - - - -
10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS
OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL;
OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES.
11 . Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless
and until Client has obtained the written opinion from a registered, independent. and reputable engineer, architect, or geologist that Consultant
has violated the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the
parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed
by and construed according to Illinois law.
12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or
other exploratory services. Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a
reasonable distance from those locations. Consultant will lake reasonable precautions to reduce damage to the site when performing Services;
however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless
specifically included in the Services.
13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures
indicate conditions only at the depths, locations, and times the procedures were performed. Consultant will provide lest results and opinions
based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive,
and are conducted to reduce - not eliminate - project risk. Client agrees to the level or amount of testing performed and the associated risk. Client
is responsible (even if delegated to contractor) for notifying and scheduling Consultant so Consultant can perform these Services. Consultant
shall not be responsible for the quality and completeness of contractor's work or their adherence to the project documents, and Consultant's
performance of testing and observation services shall not relieve contractor in any way from its responsibility for defects discovered in its work, or
create a warranty or guarantee. Consultant will not supervise or direct the work performed by contractor or its subcontractors and is not
responsible for their means and methods.
14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of tests
(unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or
available to Client that relate to the identify, location, quantity, nature, or characteristic of any hazardous waste. toxic, radioactive, or
contaminated materials ("Affected Materials') at or near the site, and shall immediately transmit new, updated, or revised information as it
becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Material unless specifically provided in the
Services, and that Client is responsible for directing such disposition. In the event that lest samples obtained during the performance of Services
(i) contain substances hazardous to health, safety, or the environment, or (it) equipment used during the Services cannot reasonably be
decontaminated, Client shall sign documentation if necessary) required to ensure the equipment and/or samples are transported and disposed of
properly, and agrees to pay Consultant the fair market value of this equipment and reasonable disposal costs. In no event shall Consultant be
required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release
notifications to appropriate governmental agencies. The Client agrees that Consultant neither created nor contributed to the creation or existence of
any Affected Materials conditions at the site. Accordingly, Client waives any claim against Consultant and agrees to indemnity and save Consultant, its
agents, employees, and related companies harmless from any claim, liability or defense cost, including attorney and expert fees, for injury or loss
sustained by any party from such exposures allegedly arising out of Consultant's non-negligent performance of services hereunder, or for any claims
against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance.
15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain
Consultant's property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of
Consultant. Files shall be maintained in general accordance with Consultant's document retention policies and practices.
16. Utilities. Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take
reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to
subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility locale service, or
are incorrectly shown on the plans furnished to Consultant.
17. Site Access and Safety. Client shall secure all necessary site related approvals, permils, licenses. and consents necessary to commence
and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety
measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any other parties, including
Client, Client's contractors, subcontractors, or other parties present at the site.
18. Termination. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid
costs incurred and fees earned to the dale of termination plus reasonable costs of closing the project.
',. Consultant: r co nsultants, Inc. Clie!g' in Ente, rfpflses, Inc.
By: Date: nags 009 By: Dale: v �'
NamelTitle: Matthew . Ribordy, P.E./OHice Manager Name itle:
Address: 135 Ambassador Drive Address:
Naperville, Illinois 60540
Phone: 630.717.4263 Fax: 630.357.9489 Phone: Fax:
Agreement Reference Number (Terracon Proposal or Project Number):N080361
Page 2 of 2
Rea. 3-06
Reviewed By: Agenda Item Number
-�i Legal ❑
EST. , 1836 Finance F-1
Engineer El Tracking Number
City Administrator ❑
a `�O Consultant ❑ P W a 009 _as
Agenda Item Summary Memo
Title: Supplemental appropriation of MFT funds to purchase salt
Meeting and Date: Public Works Committee February 17`x', 2009
Synopsis: Appropriate funds to purchase bulk rock salt through MFT
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:
c4r
o United City of Yorkville
a Public Works Department
Esr. 1 1836 800 Game Farm Rd.
Yorkville, IL 60560
F Oy Phone — 630-553-4370
Fax — 630-553-4377
<ILE w�
IDOT District III
Attn: Roger Blakley
700 E. Norris Dr.
Ottawa, IL 61350-0697
November 3, 2008
Roger,
I have enclosed 4 original copies of the supplemental resolution to adjust our general
maintenance MFT dollars to account for the additional purchase of bulk rock salt. If you have
any questions, or need further information, please contact me at 630-553-4370 or 630-878-7102.
Thank you
Er Dhuse
Director of Public Works
United City of Yorkville
800 Game Farm Rd.
Yorkville, IL 60560
Illinois De rtnlent Resolution for Maintenance of
I� Streets and Highways by Municipality
of Transportation Under the Illinois Highway Code
BE IT RESOLVED, by the Mayor and City Council of the
(Council or President and Board of Trustees)
United City of Yorkville Illinois, that there is hereby
(City, Town or Village) (Name)
appropriated the sum of $49,960.00 of Motor Fuel Tax funds for the purpose of maintaining
streets and highways under the applicable provisions of the Illinois Highway Code from May 1 , 2008
(Date)
to April 30, 2009
(Date)
BE IT FURTHER RESOLVED, that only those streets, highways, and operations as listed and described on the approved
Municipal Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this
resolution, are eligible for maintenance with Motor Fuel Tax funds during the period as specified above.
BE IT FURTHER RESOLVED, that the Clerk shall, as soon a practicable after the close of the period as given above,
submit to the Department of Transportation, on forms furnished by said Department , a certified statement showing
expenditures from and balances remaining in the account(s) for this period; and
BE IT FURTHER RESOLVED, that the Clerk shall immediately transmit two certified copies of this
resolution to the district office of the Department of Transportation, at Ottawa Illinois.
I , Jackie Milschewski Clerk in and for the United City
(City, Town or Village)
of Yorkville County of Kendall
hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by
the Mayor and City Council at a meeting on February 24, 2009
(Council or President and Board of Trustees) Date
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of
(SEAL) Clerk
(City, Town or Village)
Authorized MFT Expenditure
Date
Department of Transportation
Regional Engineer
Page 1 of 1 BLR 14230 (Rev. 9/05)
Printed on 1/28/2009 8:58:37 AM
Illinois Department Municipal Estimate of
of Transportation Maintenance Costs
Section Number 08 - 00000 - 00 - GM
Period from 05101/2008 to 04/30/2009 Municipality Yorkville
Estimated Cost of Maintenance Operations
Maintenance For Grou I II or III Material E ui mant or Labor
Operation Group Unit Operation
(No. — Description) pol,w,ly/ Item Unit Quantity Price Cost Cost
Snow Removal II Bulk Rock Salt TON 500 99.92 49960.00 49 960.00
Total Day Labor Costs
Total Estimated Maintenance Operation Cost $492960.00
Preliminary Engineering
Engineering Inspection
Material Testing
Total Estimated Engineering Cost
Total Estimated Maintenance Cost
Submitted: Approved:
Date Date
By: PW Director
Municipal Official Title Regional Engineer
Submit Four (4) Copies to Regional Engineer
Page 1 of 1 131-1114231 (Rev. 7/05)
Printed on 1/28/2009 8:50:47 AM
LR 1013
Page 1 of 1
State of Illinois
DEPARTMENT OF TRANSPORTATION
Bureau of Local Roads and Streets
SPECIAL PROVISION
FOR
ROCK SALT
Effective August 1 , 1969
Revised January 1 , 2002
All references to Sections or Articles in this specification shall be construed to mean a specific
Section or Article of the Standard Specifications for Road and Bridge Construction, adopted by
the Department of Transportation.
Description. This item shall consist of furnishing rock salt (sodium chloride) in bins or stockpiles
at location designated in the Proposal.
Materials. Material shall meet the requirements of Article 1013.02 except that the gradation
shall be as follows:
Passing 12.5 mm (1/2 inch) sieve _ 100 %
Passing 9.5 mm (3/8 inch) sieve 95 - 100 %
Passing 4.75 mm (No. 4) sieve 20 - 90 %
Passing 2.36 mm (No. 8) sieve 10 - 60 %
Passing 600 µm (No. 30) sieve 0 - 10 %
The Department reserves the right to reject any shipments of rock salt which are delivered in a
frozen or caked condition or which contain free water.
The Department reserves the right to accept delivery of Rock Salt which, according to analysis
by the Department, has a sodium chloride (NaCI) content of less than 96.0 %, but is not less
than 90.0 %. Material with less than 90.0 % sodium chloride will be rejected. When such
exceptions are allowed, payment will be adjusted.
Method of Measurement. Rock salt will be measured by the metric ton (ton).
Basis of Payment. This work will be paid for at the contract unit price per metric ton (ton) for
furnishing and transporting ROCK SALT based on the sodium chloride content. Payment will be
in accordance with the following schedule:
NaCl Content 96.0% to 100.0% Net Bid price per ton.
NaCl Content 95.0% to 95.9% Bid price less $0.50 per metric ton (ton).
NaCl Content 94.0% to 94.9% Bid price less $2.00 per metric ton (ton).
NaCl Content 90.0% to 93.9% Bid price less $4.00 per metric ton (ton).
C/T y Reviewed By: Agenda Item Number
J`' , I
1 Legal ❑ NS
Esr. 1 leas Finance F-1
Engineer ❑
City Administrator ❑ Tracking Number
Consultant ❑ w (gc)l7Gj — O?LP
Nmwl counv ` F-1<1,E
Agenda Item Summary Memo
Title: Parkway tree replacement program
Meeting and Date: Public Works Committee February 17, 2009
Synopsis: Proposal to start a parkway tree replacement program
50150 cost sharing with residents
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Positive
Council Action Requested: Approval
Submitted by: Eric Dhusc Public Works
Name Department
Agenda Item Notes:
�/ Memorandum
To: Public Works Committee
esr ysss
1 From : Laura Haake, City Park Designer and
,4 �� y Eric Dhuse, Public Works Director
S1 `20 CC : Travis Miller, Brendan McLaughlin,
��E" ���. Scott Sleezer, Joe Wywrot
Date: February 11 , 2009
Subject: Yorkville 50/50 Tree Replacement Program
Please see the attached proposal information to establish a Tree Replacement 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
replacement programs to cost share the replacement of street trees.
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 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.
--TTACfl"
Yorkville 50/50 Street 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.
All trees purchased through the program are required to be planted within the area of the
right-of-way in front of or on the sides of the purchaser's property. The right-of-way 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. 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.vorkvi lle.il.us/streettreeprogram.cfin
File Order #
Trees must be selected from the following list:
Elm $140.00
Linden $ 157.00
Oak (spring planting) $ 197.00
Catalpa $ 165.00
Callery Pear $ 150.00
Gingko $ 178.00
Hackberry $ 13100
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
Natue:
Address:
Phone: Date:
Street tree location (if house is on corner lot)
Tree Type Cost
By signing this agreement I understand that it is my responsibility to ensure the tree 's
survival by watering the tree after planting. The City will not replace the street tree due
to neglect, disease, or damage.
Sign here
Office use only
Received by: Date:
N . . . . k� �. �. .... � „ w..
..
ry I $'d8t @: .
I ell �
Tiiia, s Linden $165.00 $179M $125.00 $156.33
ell
ell
ti.
Catal a s ciosa
Catalpa $168.00 $162.00 $165.00
Gink a male onl
Ginkgo $220.00 $136.00 $178.00
e ell
G mnocladus dioicus, s . Kentucky Coffeetree $138.00 $167.00 x$125.00 _ $143.33
i A
Acer saccharum, spp, Su ar Ma le $19100 $117.00-$148.00 $140.00-$185.00 $162.67
lee4 'l
Co us eolurna Turkish Filbert $175.00 $195.001 $185.00
1P
Alm=+lr�r=rrti- c
UNITED CITY OF YORKVILLE STREET TREE PROGRAM
Cbn .6140.00
The broad arching habit of the hybrid elm tree still
mimics the classic elm. Dutch Elm Disease resistant,
F' hybrid elms grow to 60' tall and have a nice light yellow
to yellow-green fall color. The tree can tolerate wet sites
and a range of soil pH.
r:
Red maple $108.00
Sugar maple $163.00
Maple trees can reach up to 50' in height. and
prefer moist, well-drained soils. Fall color is
green-yellow to green-purple for Sugar Maples to
red for Red Maples. Maples are fast growers.
a_ Linden $157.00
"K The Linden species like well-drained soils and can
tolerant alkaline soils. They grow to 60'-80' tall,
and have fragrant flowers in early summer. Fall
foliage is brown-green.
♦��D C/p` Reviewed By: Agenda Item Number
Z, O-n Legal ❑ I V a
EST. '� _ 1836 Finance ❑
Engineer E]-�� Tracking Number
�l City Administrator ❑
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Consultant 1-1 7W a�G� —a,
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Agenda Item Summary Memo
Title: Detention/Retention Basin Inventory Program
Meeting and Date: February 17, 1 009
Synopsis: Staff is collecting and entering data on all stormwater management basins in
Yorkville to centralize information and better monitor basin development and
upkeep.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Information Only
Council Action Requested: None
Submitted by: Laura Haake Community Development Department
Name Department
Agenda Item Notes:
�'' � Memorandum
0
EST 1836 To: Public Works Committee
From: Laura Haake, City Park Designer
4 I®i el � rq CC : Travis Miller, Joe Wywrot, Eric Dhuse,
DSS Brendan McLaughlin
Date: February 11 , 2009
Subject: Detention/Retention Basin Inventory Program
Staff has developed an inventory program to centralize data on stormwater management basins
in the City. Due to the rapid growth and trend to naturalize basins, there are many basins
throughout the City that are in different stages of naturalization. Repeatedly I am asked by the
engineering department to go look at a basin and determine if it is in a good condition, and if it
meets the approved plans. Often the engineering Staff pulls plans for cross-referencing my visual
check versus the information in the approved plans.
The program developed requires entering the data into an attribute system, mapping, adding
remarks and photos, and scanning in the landscape or grading plans for every stormwater
management basin in the City.
Staff involvement:
A database file, according to the stormwater basin number, will include data gathered as
explained below.
Jackie Dearborn, Civil Engineer, is entering data from the engineering, grading, or landscape
plans and stormwater management reports provided to the City by the developer or consulting
engineer. This includes data such as the normal water line, high water line, year constructed,
overflow elevation, etc. Any missing or inaccurate data that needs to be updated will be
calculated based on the current existing conditions and entered into the database.
Greg Weber, GIS Coordinator, is creating a mapping system for the basins so that the attribute
information, entered by Jackie, can be accessed by the engineering technicians. It also creates a
numbering system for the basins by the quadrant, township number, section number and block or
basin number for easy reference.
The engineering technicians, including Bill Barkley, Darrell Busch, and Mike Robinson, are
scanning in the approved landscape and grading plans for each basin and collecting data to
provide to Jackie for entry.
The photos I took last fall will be entered and filed numerically to show the condition of the
basin in 2008 and will also include my remarks, noting if it is to be natural or mowed, etc.
All of this information will be utilized by any Staff member needing information on a
stormwater management basin within the City. If the engineering techs notice a change in the
basin, they can reference the file, and if further follow-up is necessary, notify the appropriate
Staff members of the issue.
Basin ID NE-02-23-102
Development Grande Reserve
Location Description Wet retention basin 1W
Address
PIN
Year of Construction 2003
Year Maintenance Accepted
Ownership
Basin Type Wet
(Normal Water Level) NWL 635.00
(High Water Level) HWL 640.00
2-yr Storm HWL
25-yr Storm HWL 638.60
100-yr Storm HWL 640.00
Maximum Depth
Surface Area 84.4 including 1 E
Volume, Normal Pool
Storage Volume (ac-ft) 25. 14 Ac-ft
2-yr Storm Discharge Rate 3.38
25-yr Storm Discharge Rate 6.75
100-yr Storm Discharge Rate 12.66
Overflow Elevation 642.00
Tributary Area (acres)
Remarks (Date Natural basin, excellent
condition , signage (9129108)
Stormwater Basin ID Scheme +'
Yorkville Quadrant — NE-02-23-102 — emekreasin Nnmber
+;
IWIE of 47 NIS Of Fox Rlverl
T.Zhp Number/ \Section Number
CIA
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Legend
b
Stormwater Basins
Basin Type
Dry The Data is provided without warranty or any representation of
, .� accuracy,timeliness,or completeness.It is the responsibility of the
e "Requester"to determine accuracy,timeliness,completeness,and
wet r appropriateness of its use.The United City of Yorkville makes no
warranties,expressed or implied,to the use of the Data.
-Aerial Photography 8 Parcel Data provided by Kendall County GIS
NE-02-23-1021
F
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F.,
0 cipy Reviewed By: Agenda Item Number
T Legal ❑
Finance ❑
EST. , 1836 Engineer vl , '1`tt�°i
Tracking Number
City Administrator ❑
9 1 O Consultant ❑
❑
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Agenda Item Summary Memo
Title: Stalled Developments—Status of Roadway Paving
Meeting and Date: February 17,2009 Public Works Committee
Synopsis: Provides a summary of roadway paving in new developments.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: None
Council Action Requested: None
Submitted by: Joe Wywrot Engineering
Name Department
Agenda Item Notes:
-Z)? i p� Memorandum
f
EST ` 1836 To: Brendan McLaughlin, City s or
ny From: Joe Wywrot, City Engineer
�9 .. p CC: Lisa Pickering,Deputy City
<LE v�`2
Date: February 12,2009
Subject: Stalled Developments—Status of Roadway Paving
Roadways in new developments are typically paved in stages. The roadway base, curbs, and first
layer of asphalt(the binder course), are normally constructed early in the development process so
that new residents have adequate access to their homes. Paving of the final layer of asphalt(the
surface course),however,is typically deferred until at least 70%of the homesites within the
development are constructed. This is because the build-out process may require digging in the
street or other activities that might damage the roadway. Delaying the surface course also
provides a long-duration test of the roadway base to identify any weak areas, and allows a longer
period of time for utility trenches beneath the road to settle.
While there are good reasons to delay the paving of the surface course,we don't want to leave
the binder course exposed for too long. The roadway is weaker because the surface course isn't
in place. Water also tends to pond at places because the curbs(and therefore the curb drains)are
set about 1.5 inches higher than the binder course. Leaving the lip of the curb exposed also
leaves it vulnerable to damage from snow plows. For these reasons our subdivision control
ordinance states that the surface course should be paved no more than 3 years after the binder
course is paved.
Attached find a summary of developments, along with the dates of paving. Roadways that had
binder paved prior to the winter of 2005-2006 should have the surface course paved in 2009,
even if the build-out percentage is below 70%. Those developments are marked in red.
We should consider allowing the surface course to be further delayed,however, in some areas.
For instance,there are no homes in Grande Reserve Units 3, 7,or 9. While we should require the
surface course to be paved on those parts of Grande Trail that travels through Units 3 and 7, and
those roadways in Unit 9 that traffic uses to access Mill Road,the rest of the streets in those units
could be delayed.Also,the Caledonia development was allowed to vary from our standard
roadway design and use a thicker binder course.
Please place this item on the Public Works Committee agenda of February 17,2009 for
discussion.
12-Feb-09
Development Binder Paved Surface Paved Build-out Remarks
Autumn Creek Phase 1A May-06 35%
Autumn Creek Phase 1 B Nov-06 35%
Blackberry Woods (partial) Jun-07 9% No pavement western 113 of development
Briarwood (a.k.a. Cornerstone) Nov-04 2%
Bristol Bay Unit 1 Nov-05 100%
Bristol Bay Unit 11 Sep-07 27%
Bristol Bay Unit 2 Dec-05 100%
Bristol Bay Unit 3 Dec-05 50%
Bristol Bay Unit 4 Nov-05 98%
Bristol Bay Unit 5 May-06 74%
Bristol Bay Unit 5 Aug-07 Bristol Bay Drive east of Bertram
Bristol Bay Unit 6 (condo area) Jun-06 0%
Bristol Bay Unit 6 (single-family area) Aug-08 82%
Bristol Bay Unit 7 Aug-08 87%
Caledonia Unit 1 Nov-05 30%
Caledonia Unit 2 Jun-06 15%
Crimson Lane Jul-08 Sep-08 Countryside Pkwy-Prairie Pointe Drive
Grande Reserve Unit 1 Sep-04 48%
Grande Reserve Unit 13 Jun-06 67%
Grande Reserve Unit 14 Sep-06 82%
Grande Reserve Unit 15 Oct-06 85%
Grande Reserve Unit 2 Oct-04 0% Grande Trail
Grande Reserve Unit 2 Sep-05 76% Balance of streets
Grande Reserve Unit 20 Oct-06 52%
Grande Reserve Unit 22 Oct-07 13%
Grande Reserve Unit 23 Apr-07 0% Tuscany Trail
Grande Reserve Unit 23 Jun-06 16% Balance of streets
Grande Reserve Unit 3 Jun-05 0% Grande Trail
Grande Reserve Unit 3 Nov-04 0% Balance of streets
Grande Reserve Unit 4 Nov-04 43%
Grande Reserve Unit 5 Oct-05 46%
Grande Reserve Unit 6 Dec-05 49%
Grande Reserve Unit 7 Oct-05 0%
Grande Reserve Unit 9 Sep-05 0%
Heartland Circle Jun-04 67%
Kendall Marketplace(commercial) Jun-08 100% Beecher&Gillespie
Kendall Marketplace(residential) Jun-08 0% Blackberry Shore Lane area
Kendallwood Estates Nov-07 0%
Prestwick Unit 1 Aug-06 1%
Raging Waves waterpark Jun-08 100% Rosenwinkel St.
Raintree Village Unit 1 Jun-04 Oct-07 99%
Raintree Village Unit 2 Sep-04 93%
Raintree Village Unit 3 Sep-04 80%
Raintree Village Unit 4 Jun-06 12%
Raintree Village Unit 5 Jul-06 11%
Raintree Village Unit 6 Jul-06 0%
Rush-Copley Jun-08 100% Beecher Road
Westbury Village Unit 1 Nov-06 0%
Whispering Meadows (Faxon Road) Jun-07 Alice to Alan Dale
Whispering Meadows Unit 1 Sep-07
Whispering Meadows Unit 2 Jun-05 88%
Whispering Meadows Unit 4 Jun-07 47%
Windett Ridge Unit 1 Nov-03 60% Claremont, Wythe, Drayton, Windett Ridge Rd (entrance)
Windett Ridge Unit 1 Jun-04 25% Balance of Unit 1
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`<<yD C/pb Reviewed By: Agenda Item Number
J2 r o Legal ❑ #
EST. 1636 Finance ❑Engineer I
0 UI 'City Administrator Tracking Number
S1 �_ �® Consultant El p�/�( a( _aol
<LE eee, F-1
Agenda Item Summary Memo
Title: Bond/Letter of Credit Reduction Policy
Meeting and Date: February 17,2009 Public Works Committee
Synopsis: Discussion of possible changes to the bond/LOC reduction process.
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:
`,t�yD CITY
Memorandum
esr \_ : 1836 To: Brendan McLaughlin, City Administr for
09 lit From: Joe Wywrot, City Engineer
p CC: Kathy Orr, City Attorney
Lisa Pickering, Deputy City Clerk
CE
Date: February 11 , 2009
Subject: Bond/Letter of Credit Reduction Policy
The procedure for bond/letter of credit reductions requires us to confirm that the work
guaranteed by the bond/letter of credit has been substantially completed before we will approve a
reduction. We do not require waivers of lien to be received from general contractors, sub-
contractors, or material suppliers at any time during the development process. Our Bill of Sale
form does require the developer to state that the infrastructure being conveyed to the city is free
of any liens.
Occasionally in the past and more frequently in the recent past we have received calls from some
contractors stating that they have not been paid for work performed, and asking if they can get
paid from the bond/letter of credit established by the developer. Our standard response has been
that the bond/letter of credit is to guarantee that the work is performed, not that the contractor
gets paid for the work. Our standard bond/letter of credit language lists six conditions upon
which the city may make a demand for payment against a bond/letter of credit. One of those
conditions is that "the City of Yorkville has determined that the public improvements or other
improvements covered by this commitment have been or are likely to be the subject of liens or
other claims by contractors, subcontractors or third parties". Based on this language, Kathy Orr's
opinion is that we may make a demand upon a construction guarantee if a claim is made by a
contractor, but not pay it out unless directed to do so by a court or some other authoritative
entity.
Recently we have discussed the possibility of requiring developers to provide waivers of lien
prior to approving reductions to a bond/letter of credit. Doing so would reduce the likelihood of a
contractor making a claim of non-payment at a later date, or of the city being in a position where
we have reduced a letter of credit for work that may be subject to a claim. On the other hand,
accurately tracking waivers of lien for all contractors, subcontractors, and material suppliers
would be next to impossible. The best we could hope to do would be to require waivers from
general contractors. I had heard that Aurora and Plano were requiring waivers of lien, but I
checked with them and found that was not the case. Based on these findings, it appears that
requiring waivers of lien would be too burdensome to track and provided limited benefits.
Another change to consider would be to increase the retainage (for work substantially
completed) from 15% to 20%. Doing so would keep more developer funds available to us should
we need it, and also motivate developers to complete punchlist work more quickly to obtain final
acceptance by the city. Our retainage used to be 25%, but we reduced it to 15% several years ago
when a developer complained that 25% was too high.
Another change to consider would be to approve reductions at the staff level rather than sending
a proposed reduction to the City Council for approval. Reduction recommendations are almost
always placed on the consent agenda and approved without discussion. Resolution No. 2005-67
authorizes the Mayor, upon recommendation from the City Engineer, to approve reductions for
letters of credit or bonds with an initial value of $750,000 or less. The proposed change would be
to remove the dollar limitation of Resolution 2005-67. Other related changes could be to
authorize the City Administrator or City Engineer to have approval authority. The City Council
would be informed of reduction approvals as they occur. Reductions would continue to be
withheld until we confirm that the developer has no unpaid fees for the development where a
reduction to the bond/letter of credit is sought.
I have spoken to the City Attorney and she concurs that we should not require waivers of lien
from developers. She also concurs with the increase of the retainage to 20%, and to approve
reductions at the staff level.
Please place this item on the February 17, 2009 Public Works Committee agenda for discussion.
Sk®-1
RESOLUTION
CREATING A POLICY
PROCEDURE AND AUTHORITY TO REDUCE LETTERS OF CREDIT AND
BONDS FOR CONSTRUCITON OF PUBLIC IMPROVEMENTS
WHEREAS, the United City of Yorkville requires that developers and/or contractors
provide security for the successful completion of the installation of certain public
improvements including but not limited to streets, curbs, sidewalks, water pipes, sewer
pipes (storm and sanitary), streetlights, etc., and
WHEREAS, said security is established either by means of a Letter of Credit, or a Bond,
and
WHEREAS, from time to time, the developer and/or contractor will seek reduction of the
Letter of Credit or Bond after the successful completion of a portion, but not all, of the
public improvements under heretofore established practices and/or contracts, and
WHEREAS, current practice involves an approval of the City Engineer's
recommendation by the City Council which while thorough, requires long time lines for
approvals that are in most instances a routine, and
WHEREAS, the Mayor and City Council wish to provide an expedited review and
approval process for certain smaller Letter of Credit and/or Bond reduction requests.
BE IT HEREBY RESOLVED BY THE MAYOR AND ALDERMAN OF THE
UNITED CITY OF YORKVILLE:
1 . Letters of Credit and/or Bonds in an initial amount of $750,000 or less shall be
eligible for approval under this policy, however, if deemed appropriate the City Engineer,
or Mayor (or in the Mayor' s absence, the Mayor Pro Tem) any request for reduction may
be sent to City Council for review and approval consistent with the procedures and/or
common practice used for Letter of Credit and/or Bond reduction requests for amounts in
excess of $750,000.
2. The approval process for eligible Letter of Credit and/or Bond reductions shall be as
follows:
a. The City Engineer shall issue a written recommendation including his basis
for approving or denying a request for reduction. Said written recommendation shall
include the amount of the requested reduction and the remaining amount of the Letter of
Credit and/or bond if the request is approved.
b. The City Engineer's written recommendation shall be delivered to the
Mayor for approval with a copy to the Public Works Committee (for notice, only).
c. Mayor may concur, and advise the Public Works Committee of said
concurrence, or direct that the request must go forward to the City Council.
d. Upon the Mayor' s concurrence (or that of the Mayor Pro Tem in the Mayor's
absence) with the City Engineer's recommendation, then, the reduction shall be deemed
approved and the City Engineer shall be authorized to issue a letter to implement the
reduction
e. The Mayor and the City Council hereby expressly delegate authority for
approval to the parties listed herein sufficient to implement the approvals authorized by
this Policy.
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 the Policy of the United City of Yorkville.
WANDA OHARE JOSEPH BESCO
VALERIE BURD PAUL JAMES
DEAN WOLFER MARTY MUNNS
ROSE SPEARS JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this Z `"k _ Day A.D. 2005 .
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this a-1 day o -Z- A.D. 2005.
ATTEST: <Z
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
`��O C/pk Reviewed By: Agenda Item Number
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esr. Z � Finance F1 1836
Engineer El Tracking Number
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Agenda Item Summary Memo
Title: Corner garden discussion
Meeting and Date: PW committee February 17, 2009
Synopsis: Discussion of comer gardens as a city program
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Positive
Council Action Requested:
Submitted by: Eric Dhuse Public Works
Name Department
Agenda Item Notes:
"y Memorandum
0
EST ° 1836 To: Brendan McLaughlin, Administrator
From: Eric Dhuse, Director of Public Works
�i a va CC:
�9 i
FRO ; ' =(e Date: February 11 , 2009
Kaonacoum
<cE Subject: Corner Gardens
Brendan,
I have put together some discussion items for the PW committee regarding corner gardens.
Policy Question
• Should this be a City program or a resident/neighborhood program?
If it is going to be a City program, the following items need to be discussed:
• Are we only allowing these gardens on the corners, or do we need to open it up to people
that don't live on a corner but want it in their front yard?
➢ If this is going to be a City program, I would recommend that we open it up to all
residents. We would have to limit the size of the garden when it is not on the
corner to 10 ' wide by the depth of the parkway.
• Is PW going to prepare all beds by coring out existing sod and soil and replace it with
black dirt?
➢ If it is a City project, yes.
• Are we going to require mulch for erosion control?
➢ Yes, but at the resident 's expense.
• Are we going to be responsible for the restoration if the resident decides not to participate
the next year?
➢ I believe that it should be the responsibility of the resident to restore the area.
• How are we going to handle abandoned gardens?
➢ The mulch and flowers will be removed and the area landscaped. The bill for
materials and labor will be sent to the applicant of record.
• Does the garden have to be at the applicant' s address?
➢ Yes, this would ensure that we have a contact for each location.
• Are we going to allow gardens in non-residential areas such as businesses and corners
such as Hydraulic Ave. and Rt. 47?
➢ I think this could be accomplished if there is consent of the owner of the property
and an application with all the contact information of the person(s) that will be
tending to the garden.
Please place this item on the February 17, 2009 Public Works Committee agenda for discussion.
If you have any questions or comments, please let me know.
United City of Yorkville
Corner Garden Application
Thank you for your interest in participating in the United City of Yorkville' s Corner Garden
program. Please take the time to fill out the application completely and return to:
United City of Yorkville
"Corner Garden Application"
800 Game Farm Road
Yorkville, IL 60560
Applicant Information
Name:
Address:
Phone Number:
Will the proposed garden be planted at the above address?
YES NO
If you answered NO, please provide the address of the proposed garden.
Do you own the property on which the proposed garden will be planted?
YES NO
If you answered NO, please fill out the attached Consent Form and return with the application.
Applicants to this program shall be subject to the following terms and conditions:
• Applicant will be responsible for mulching (3"), weeding, watering, and any other
general maintenance of the corner garden
• If at any time the applicant decided not to continue participation in the program, the
applicant will be responsible for restoration of the garden area.
• If the garden is not maintained or is abandoned, the City will remove the garden,
landscape the area, and invoice the applicant for all costs.
I, the undersigned, agreed to all terms and conditions set forth in this application.
Applicant Signature Date
Reviewed By: Agenda Item Number
J� T Legal ❑
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Agenda Item Summary Memo
Title: Windett Ridge—Claremont Court Drainage Issue
Meeting and Date: February 17, 2009 Public Works Committee
Synopsis: Several ideas regarding mitigation of drainage problems on Claremont Court
are summarized for discussion.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: None
Council Action Requested: None
Submitted by: Joe Wywrot Engineering
Name Department
Agenda Item Notes:
C/py
O Memorandum
EST. , � 1836 To: Brendan McLaughlin, City Administrator
y From: Joe Wywrot, City Engineer Y U U
®9 Is p CC: Lisa Pickering, Deputy City Cl.k
Bart Olson,Assistant City Administrator
�ecE ��'� Eric Dhuse,Director of Public Works
Date: February 3, 2009
Subject: Windett Ridge—Claremont Court Drainage Issue
At the Public Works Committee meeting on January 20'', a resident asked about the possibility
of re-directing the offsite flow that currently passes through the rear yards on Claremont Court.
The suggestion was to divert the water to an existing ditch to the north of Windett Ridge. This
ditch runs across two separate properties,both owned by a Mr.Howard Clayton, and neither of
these properties are annexed to the city.
While a diversion to the Clayton ditch is physically possible,there are several reasons why we
should not do so:
1) A general principle of Illinois Drainage Law requires that natural drainage patterns be
maintained to the extent possible. Diverting flows to the Clayton ditch would violate this
principle.
2) The Clayton ditch flows to the rear yards of homes along Baltrusol Court, where
residents have also complained about overland stormwater flow. Adding flow to the ditch
would exacerbate the drainage issue on Baltrusol Ct.
3) A culvert about 300 feet long would need to be constructed parallel to Route 47 to re-
direct the flow. Some large trees would need to be removed. The cost of this work would
probably be around$40,000.
4) We would need to obtain an easement from Mr. Clayton to construct the culvert,which
could be difficult to obtain.
Another idea discussed at the Public Works Committee meeting was to construct a rock swale
through the backyards. This alternative would greatly reduce erosion problems,but most of the
offsite stormwater would still flow across the surface of the rear yards. A rock trench would act
as a conduit and convey water below the ground surface,but would need to be several feet deep
in order to convey a significant amount of water,would not function as effectively when the
ground is frozen, and could clog over time. The cost of a gravel trench 2 feet wide by 5 feet deep
along the rear yards of Claremont Court would probably be around $30,000. This alternative is
not recommended.
Another idea was to re-grade the common area along Route 47 to pond the water and release it
through small conduits to overland flow through the rear yards. To meet the resident desires,
however,the release rate would probably need to be reduced by a factor of 10 or so.This would
require about 2 acre-feet of water to be ponded upstream of the berm. Given the size and
topography of the common open space area,this is not a viable option.
The rearyard Swale has the capacity to carry the offsite stormwater, but it has erosion problems. I
recommend that we place this item on the developer's punchlist, and suggest that a low-flow
storm sewer be constructed along the length of the swale to reduce the frequency and flowrate of
overland drainage across the properties on Claremont Court. With the current state of the real
estate industry, however, it could be a few years before the sewer or some other measure that
addresses the residents concerns is constructed.
Please place this item on the Public Works Committee agenda of February 17, 2009 for
discussion.
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