The URL can be used to link to this page

Public Works Packet 2009 05-19-09 a2�0��e' o cir® United City of Yorkville a 41 ^' 800 Game Farm Road EST sae Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 <4E o„`�. AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday, May 19, 2009 6:00 p.m. City Hall Conference Room Presentation: None Minutes for Correction/Approval: April 21 , 2009 Items Recommended for Consent Agenda : 1 . PW 2009-44 Bristol Bay — Collector Road Surface Course Agreement 2. PW 2009-45 Menard Store Expansion — Acceptance of Public Improvements and Bond Reduction #2 3 . PW 2009-46 Galena Road Shared-Use Path Easement Agreements 4 . PW 2009-47 Westbury East Village — Call of Sitework Bonds for Sanitary Sewer, Watermain, and Storm Sewer New Business : 1 . PW 2009-48 Windett Ridge — Update 2. PW 2009-49 Sale of Generators 3 . PW 2009-50 Kendall County Salt Storage Cooperative 4. PW 2009-51 Future Meeting Dates and Times — Discussion 5 . PW 2009-52 Committee Liaison Appointments Old Business : 1 . PW 2009-42 Morgan Street Re-Paving (Fox St. to Washington St.) 2. PW 2009-43 High Water Levels — Update & Discussion Additional Business : Public Works Committee May 19, 2009 Page 2 2008 City Council Goals - Public Works Committee 'Interim Public Works Faeiltiy. " Eric Dhuse Alderman Plocher Eric Dhuse "Explore gray water rease by city. " Alderman Werderich Scott Sleezer Eric Dhuse Alderman Sutcli "Biodiesel, E85, and hybrid vehicles. " ff Alderman Werderich Bart Olson "Bike traits and pedestrian friendly development/redevelopnvent, with Alderman Golinski Bart Olson 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, May 19, 2009 6 :00 PM CITY CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- I . April 21 , 2009 ❑ Approved as presented ❑ Approved with corrections --------------------------------------------------------------------------------------------------------------------------------------- ITEMS RECOMMENDED FOR CONSENT AGENDA: --------------------------------------------------------------------------------------------------------------------------------------- 1 . PW 2009-44 Bristol Bay — Collector Road Surface Course Agreement ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2009-45 Menard Store Expansion — Acceptance of Public Improvements and Bond Reduction #2 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3 . PW 2009-46 Galena Road Shared-Use Path Easement Agreements ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2009-47 Westbury East Village — Call Sitework Bonds for Sanitary Sewer, Watermain, and Storm Sewer ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1 . PW 2009-48 Windett Ridge — Update ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2009-49 Sale of Generators ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes 3 . PW 2009-50 Kendall County Salt Storage Cooperative ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2009-51 Future Meeting Dates and Times — Discussion ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5 . PW 2009-52 Committee Liaison Appointments ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- I . PW 2009-42 Morgan Street Re-Paving (Fox St. to Washington St.) ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2009-43 High Water Levels — Update & Discussion ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS : --------------------------------------------------------------------------------------------------------------------------------------- DRAFT Page 1 of 2 UNITED CITY OF YORKVILLEPUBLIC WORKS COMMITTEE MEETING TUESDAY, April 21, 2009 6:00 P.M. City Hall Conference Room PRESENT: Alderman Joe Besco, Chairman (arrived at 6:37) Alderman Joe Plocher Dan O'Malley Alderman Bob Allen Gloria Edwards City Engineer Joe Wywrot Garland Edwardo Public Works Director Eric Dhuse Linda Melhouse City Administrator Brendan McLaughlin Dorothy Schaefer Anne Maynard Jack Schaefer Dudley Maynard Robert O'Malley Jim O'Hara Pete Bochek Juli Cinnamon Sue Lambke Greg Lambke The meeting was called to order at 6 :00 pm. by Joe Plocher. Presentations: None. Minutes for Approval/Correction: None. New Business: 2. PW 2009-43 High Water Levels — Discussion — There was a lengthy discussion about the water problems on Lillian Lane. There is a detention pond that is not draining because of a temporary outflow that was supposed to be in place, but is not. Installation of the outflow pipe will begin later this week. There was also a field tile that was removed. Smith Engineering will be evaluating whether that tile should be replaced with a separate pipe or whether it could be tied into the existing storm water system. There was also discussion on the water problem on Van Emmon Street. This will come back to Public Works next month for an update. Items Recommended for Consent Agenda: 1 , PW 2009-39 FY 2009-2010 MFT Appropriation for General Maintenance 2. PW 2009-40 Fountainview Development — IDOT Letter of Understanding 3. PW 2009-41 Aldi's Redevelopment — Easement Agreements a. Public Utility Easement Agreement b. Traffic Signal Easement Agreement All the items recommended for Consent Agenda will move on to City Council on Consent Agenda. Page 2 of 2 New Business: 1 . PW 2009-42 Morgan Street Re-Paving (Fox St. to Washington St.) - This is a separate project from the Fox Road project. This will come back to the Public Works Committee. Old Business: 1 . PW 2009-38 Proposed Change to City Code Regarding Weed Abatement — This will move on to the next City Council meeting after it is reviewed by the attorney. Additional Business Joe Wywrot passed out information on the Traffic Signal Easement agreement for Countryside Center. Alderman Plocher brought up the issue of dumping trash by Saratoga St. The neighborhood watch will look out for it and this will pass on to Public Safety. Alderman Allen brought up the speed bumps in Raintree. Lennar will be patching the speed bumps. Eric Dhuse stated that the water tower painting was finished and the tower has been refilled. The meeting was adjourned at 7 :34 P.M. Minutes submitted by Laura Leppert Reviewed By: Agenda Item Number J �n Legal El 1A # Finance ❑ Engineer ffl— r EST ia3c Tracking Number City Administrator ❑ 9 A. consultant ❑ P Ov 020001- y y <LE ❑ Agenda Item Summary Memo Title: Bristol Bay-Collector Road Surface Course Agreement Meeting and Date: May 19, 2009 Public Works Committee Synopsis: This agreement allows for the delay of surface course paving on Rosenwinkel Street and Bristol Bay Drive. 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 nistr or 4 I, L~ From: Joe Wywrot, City Engineer op 5 p CC: Eric Dhuse, Director of Public ks { Lisa Pickering, Deputy City Clerk Date: May 12, 2009 Subject: Bristol Bay — Collector Road Surface Course Agreement Rosenwinkel Street and Bristol Bay Drive are two of the main collector roads in the Bristol Bay development. These roads pass through Units 1 , 2, 3, 4, and 5 of Bristol Bay. Our Subdivision Control ordinance requires that the surface course be paved on all streets prior to final acceptance, but doing so creates the potential for damage to those streets during the remainder of the build-out process. Consequently, we have reached a tentative agreement with Centex Homes to delay the paving of the surface course on these two collector roads with the following conditions: 1) The delay of surface course paving will be for Rosenwinkel Street and Bristol Bay Drive only. 2) Centex will provide a bond to guarantee interim pavement repairs and the paving of surface course for these collector roads. The dollar amount of the bond will be mutually agreed upon. 3) Centex will perform temporary interim repairs within one week and permanent interim repairs within 30 days of notification as required by the city for these collector roads. 4) Surface course paving on these collector roads shall be completed by the end of the 2011 construction season, upon 75% build-out, upon connection of Bristol Bay Drive to Route 47, or upon mutual agreement, whichever occurs first. 5) The city agrees to process the various units of Bristol Bay for final acceptance even though the surface course is not yet paved on Rosenwinkel Street or Bristol Bay Drive. I recommend that the City Council agree to these terms. Please place this item on the Public Works Committee agenda of May 19, 2009 for consideration. `�fpD C/py Reviewed By: Agenda Item Number J� .0 Legal A -9,� Finance ❑ EST. , � 1831 Engineer >h l -�� g � Tracking Number m City Administrator 9 _a �o consultant ❑ P W - y 5 <LE `��. ❑ Agenda Item Summary Memo Title: Menard Store Expansion—Acceptance of Public Improvements and Bond Reduction#2 Meeting and Date• May 19,2009 Public Works Committee Synopsis: Recommend final acceptance of minor watermain extensions associated with this project. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: 2`�ti0 cl;J, O Memorandum ieae To: Brendan McLaughlin,City A �a r N From: Joe Wywrot, City Engineer CC: Lisa Pickering,Deputy City k �2 <LE ��'� Date: May 12,2009 Subject: Menard Store Expansion(1800 Marketview Drive) Acceptance of Public Improvements&Bond Reduction#2 Attached find the Bill of Sale for the public improvements associated with this development.All testing has been performed and the punchlist is complete. I recommend that the public improvements for watermain as described in the Bill of Sale be accepted for ownership and maintenance by the city. Corresponding to final acceptance is a letter of credit reduction to 10%of the value of the public improvements. I recommend that CAN Surety Bond No. 929408636 be reduced by the amount of$74,549.73.The remaining bond amount would be $1,537.04, and would remain in place during the one-year warranty period. Please refer to the attachment for details. Please place this item on the Public Works Committee agenda of May 19,2009 for consideration. City of Yorkville 12-May-09' Letter of Credit/Bond Reduction Subdivision: Menards Commercial Commons - 5th Addition (store expansion) Reduction No. 2 Bond/LOC No. CAN Surety - Bond No.929408636 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 Pavement $269,362.79; $296,299.07 $53,872.56 $269,362.79 $53,872.56 $0.00 Storm Sewer $56,785. 10'' $62,463.61 $11 ,357.02 $56,785.10' $11 ,357.02 $0.00 Watermain $15,37036 $16,907.40 $3,074.07 $15,370.36 $1 ,537.03 $1 ,537.04 Miscellaneous $150,00' $165.00 $30.00 $150.00' $30.00 $0.00 Earthwork/Erosion Control $167699.00" $18,368.90 $3,339.80 $16,699.00 $3,339.80 $0.00 Landscaping $22.066.60 $24,273.26 $4,413.32 $22,066.60 $4,413.32 0.00 Totals $380,433.85 $418,477.24 $76,086.77 $380,433.85 $74,549.73 $1 ,537.04 Notes: a) LOC/Bond amt. to be 20% of substantially completed items plus 110% of uncompleted items prior to final acceptance. b) LOC/Bond reduced to 10% at final acceptance. c) Manual input required for cells highlighted in yellow. BILL OF SALE Seller, Menard, Inc. of Eau Claire County, Wisconsin, in consideration of One and No/100 Dollar ($ 1 .00), receipt hereby acknowledged, does hereby sell, assign, transfer and convey to the Buyer, The United City of Yorkville, an Illinois municipal corporation, at 800 Game Farm Road, Yorkville, Illinois 60560, the following personal property to wit described in Exhibit A attached hereto. Seller hereby represents and warrants to Buyer that Seller is the absolute owner of said property, that said property is free and clear of all liens, charges and encumbrances, and that Seller has full right, power, and authority to sell said property and to make this Bill of Sale. IN WITHNESS WHEREOF, Seller has signed and sealed this bill of sale at 5101 Menard Drive, Eau Claire, Wisconsin 54703 , this 1/4k day of 2009. MENARD, INC. Scott Collette Chief Operating Officer Menard, Inc. STATE OF WISCONSIN) COUNTY OF EAU CLAIRE) n On this A day of t-AT 2009, before me a Notary Public within and for said County and State, personally a eared Scott Collette, to me personally known, who being by me duly sworn did say that he is the Chief Operating Officer of Menard, Inc., the corporation named in the foregoing instrument, and that the instrument was signed on behalf of the corporation by authority o ' s Board of Directors and Scott Collette acknowledged the instrument to be the fire ct and deed the corporation. n Notary/Public Eau Claire County M Commission is Pgrwe ,W �A -, EXHIBIT A 800 Game Farm Road Construction Items Water Main Construction Unit Quanity 8 — Inch Water Main, Ductile Iron LF 171 Water Valve and valve Box, 8" EACH 3 Fire Hydrants with Auxilary Valve EACH 2 15" Steel Casing Pipe LF 45 ' SMITH ENGINEERING CONSULTANTS, INC. TO HE MID TO 643.0 if, W1 LWE Sgr�Wg� CAP BEMX 11 IA OT V1.5 P1 AN VIM WVM 1. BLA NY E. 516 LV Of ff. MY Bill, 044 1. snxw wiif pm m' PUBLIC IMPROVEMENTS WATERTAGS �OSWG VALVE TO 64195 SEINER TAC WYMMA MY. TO HE knOf YORKVLL� ILLINOIS nossLws Now BY..I m. KOKCT NO, wmw Reviewed By: Agenda Item Number J� T Legal ❑ OA 413 Finance ❑ EST. , 1836 Zr(o�i Engineer Tracking Number o ��I n City Administrator ❑ Consultant ❑ PV\/ r2W9 - L4 U <LE ��?' ❑ Agenda Item Summary Memo Title: Galena Road Shared-Use Path Easement Agreements Meeting and Date• May 19, 2009 Public Works Committee Synopsis: These easements are located off the NE corner of the Galena/Rosenwinkel Intersection, across property owned by Centex Homes and BKFD. 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 ESf. 1836 To: Brendan McLaughlin, City A F W From: Joe Wywrot,City Engineer CC: Lisa Pickering, Deputy City Cl k Travis Miller, Community Development Director Date: April 28, 2009 Subject: Galena Road Shared-Use Path Easement Agreements Attached find copies of two separate easements for a future shared-use path on Galena Road. The easements located off the northeast corner of the Galena/Rosenwinkel intersection, across property currently owned by Centex Homes and the Bristol-Kendall Fire Protection District. The path is proposed for the north side of Galena Road, extending east to the regional park in the Bristol Bay development. I recommend that these documents be approved and recorded. Please place these easement agreements on the May 19,2009 Public Works Committee agenda for consideration. GRANT OF PERMANENT BIKE TRAIL EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS : THAT the Grantors: Centex Homes, Inc. in consideration of the sum of TEN DOLLARS ($ 10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey to the UNITED CITY OF YORKVILLE, a Municipal Corporation, its successors, and assigns, hereinafter referred to as Grantee, in consideration of the covenants to be kept and performed by the Grantee herein, a non exclusive, permanent easement (the "Permanent Bike Trail Easement'), as described herein, to construct, replace, maintain, and operate a bike trail, in the event any are actually installed in, upon, and across the tracts of land described as follows, to-wit: That part of the north half of Section 9, Township 37 north, Range 7 east of the Third Principal Meridian described as follows: Commencing at the southeast corner of Lot 1685 in Bristol Bay P.U.D. unit 1 , being a subdivision according to the plat thereof recorded December 21 , 2005, as document number 200500039532; thence north 75 degrees 13 minutes 39 seconds west along the southerly line of said lot 1685, 179.27 feet to a point of beginning; thence north 75 degrees 13 minutes 39 seconds west, 99.00 feet to a curve in said line; thence northwesterly along a curve to the right with a radius of 25 .00 feet and a chord bearing of north 61 degrees 14 minutes 29 seconds west, an arc length of 12.37 feet; thence south 75 degrees 13 minutes 39 seconds east, 75 .00 feet; thence north 79 degrees 24 minutes 20 seconds east 39.69 feet; Thence south 14 degrees 46 minutes 21 seconds west, a distance of 20.00 feet to the point of beginning in the United City of Yorkville, Kendall County, Illinois containing 0.014 acres, more or less. BURDENED PARCEL Grantors are the owners of that certain tract of land located on Galena Road in the City of Yorkville, Kendall County, State of Illinois and legally described as being located in that part of the south half of Section 4, Township 37 north, Range 7 east of the Third Principal Meridian, as shown on the attached Easement Exhibit A hereto (the "Burdened Parcel"). PERMANENT BIKE TRAIL EASEMENT The Permanent Bike Trail Easement shall be that certain real property located upon the Burdened Parcel and legally described at Exhibit A, attached hereto (the "Permanent Easement Area"). Said grant of easement are made under the additional following terns and conditions: 1 . Grantee's use of the Permanent Easement Area shall be solely for the purpose of constructing, installing, operating, maintaining, and replacing a bike trail in and upon the Permanent Easement Area at Grantee' s sole cost and expense. 2. Grantee shall thereafter, at Grantee' s sole cost and expense: a. Restore the grassy surface of said Permanent Easement Area in a uniform manner, free of all debris, rocks in excess of one inch ( I "), and gravel, and provide a covering of a minimum of six inches (6") of clean, black, fertile top soil, and establish a healthy stand of grass; b. Replace all lot lines and property line stakes moved or disrupted in the course of performing any work in connection with the purpose of which the easements herein are granted. 3 . All construction, extension, reconstruction, maintenance, repairs, replacements or any other work by Grantee shall be performed in accordance with all applicable building and construction laws. 4. All notices and demands hereunder shall be in writing and shall be deemed properly served if delivered in person to the party to whom it is addressed, or five (5) days after deposit in the U .S . Mail if sent postage prepaid by United States registered or certified mail, return receipt requested, addressed as follows: If to Grantee: City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 If to Grantors: Centex Homes, Inc. 2205 Point Blvd. Elgin, Illinois 60123 5. Said easements shall be treated as a covenant running with the land. 6. Said permanent easement shall be binding upon the successors, heirs, and assigns of each party hereto. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] IN WITNESS WHEREOF, the Grantors and Grantee have hereunto set their hands and seal this day of 2009. Mayor, United City of Yorkville Centex Homes, Inc. City Clerk STATE OF ILLINOIS ) COUNTY OF KENDALL ) CENTEX HOMES, INC. #ege and state that they have read the foregoing Grant of Permanent Bike Trail Easement A ement by them subscribed, that they have knowledge of the facts and contents contained t in, and that the facts as alleged therein are true in substance and in fact. i Centex Homes, Inc. Subscribed and sworn to before me, 2009. A69FICIAL SEAT. Notary Public JOANNE M. SOWEFIE N0IANY PUBLIC, STATE OF ILUNO$ 14Y COMN ISSION EXPIRES 7.29.20K , Prepared by and return to: City Attorney Kathleen Field Orr 800 Game Farm Road Yorkville, Illinois 60560 (630) 553 -4350 Plat of Permanant Bike Trail Easement for Part of Section 9 - 37 - 7 Bristol Township , Kendall County, Illinois Legal Description for Permanent Easement THAT PART OF THE NORTH HALF OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, COMMENCING AT THE SOUTHEAST LAJ CORNER OF LOT 1685 IN BRISTOL BAY P.U.D. UNIT 1 , L 0` 9pv PLO, BEING A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 21 , 2005, AS 5 1N 5R155Q50Nt SHEREOpS DOCUMENT NUMBER 200500039532; THENCE NORTH 75 J `OS 165 5E,,A THE p 2 '4005' DEGREES 13 MINUTES 39 SECONDS WEST ALONG THE 10 W %J1Axl p1N0 OECEM5ER2p05000.69552. SOUTHERLY LINE OF SAID LOT 1685, 179.27 FEET TO A Y F.CCOROED NOMSER POINT OF BEGINNING; THENCE NORTH 75 DEGREES 13 2 MINUTES 39 SECONDS WEST, 99.00 FEET TO A CURVE opCOMENj IN SAID LINE; THENCE NORTHWESTERLY ALONG A Z CURVE TO THE RIGHT WITH A RADIUS OF 25.00 FEET EGREES 14 D MINUTES 29RSECONDS WEST,NANT ARC I LDENGTH OF 12.37 O FEET; THENCE SOUTH 75 DEGREES 13 MINUTES 39 SECONDS EAST, 75.00 FEET; THENCE NORTH 79 DEGREES 24 MINUTES 20 SECONDS EAST 39.69 FEET; THENCE SOUTH 14 DEGREES 46 MINUTES 21 SECONDS WEST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS CONTAINING 0.014 ACRES, MORE OR 575 ��39<E Nj9.2 '20"E LESS. R=25.00' 39 69 12.37' �S1 N79g a00, W 20.0p 6 21 °W P.O.B. CgCE N7g.13,3gpW 179. Nq R� 2r AD P.O.C. ® Centex Homes, Inc. Easement Exhibit " A " (0.014 Acres) Scale 1 " = 50' GRANT OF PERMANENT BIKE TRAIL EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT the Grantors: Bristol-Kendall Fire Department in consideration of the sum of TEN DOLLARS ($ 10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey to the UNITED CITY OF YORKVILLE, a Municipal Corporation, its successors, and assigns, hereinafter referred to as Grantee, in consideration of the covenants to be kept and performed by the Grantee herein, a non exclusive, permanent easement (the "Permanent Bike Trail Easement'), as described herein, to construct, replace, maintain, and operate a bike trail, in the event any are actually installed in, upon, and across the tracts of land described as follows, to-wit: That part of the north half of Section 9, Township 37 north, Range 7 east of the Third Principal Meridian described as follows: Beginning at the southeast corner of Lot 1685 in Bristol Bay P.U.D. Unit 1 , being a subdivision according to the plat thereof recorded December 21 , 2005, as document number 200500039532; thence north 75 degrees 13 minutes 39 seconds west along the southerly line of said Lot 1685, 179.27 feet; thence north 14 degrees 46 minutes 21 seconds east, 20.00 feet; thence south 75 degrees 13 minutes 39 seconds east 179.27 feet; thence south 14 degrees 46 minutes 21 seconds west, a distance of 20.00 feet to the point of beginning in the United City of Yorkville, Kendall County, Illinois. BURDENED PARCEL Grantors are the owners of that certain tract of land located on Galena Road in the City of Yorkville, Kendall County, State of Illinois and legally described as being located in that part of the north half of Section 9, Township 37 north, Range 7 east of the Third Principal Meridian, as shown on the attached Easement Exhibit A hereto (the "Burdened Parcel"). PERMANENT BIKE TRAIL EASEMENT The Permanent Bike Trail Easement shall be that certain real property located upon the Burdened Parcel and legally described at Exhibit A, attached hereto (the "Permanent Easement Area"). Said grant of easement are made under the additional following terms and conditions: I . Grantee' s use of the Permanent Easement Area shall be solely for the purpose of constructing, installing, operating, maintaining, and replacing a bike trail in and upon the Permanent Easement Area at Grantee' s sole cost and expense. 2. Grantee shall thereafter, at Grantee' s sole cost and expense: a. Restore the grassy surface of said Permanent Easement Area in a uniform manner, free of all debris, rocks in excess of one inch (I "), and gravel, and provide a covering of a minimum of six inches (6") of clean, black, fertile top soil, and establish a healthy stand of grass; b. Replace all lot lines and property line stakes moved or disrupted in the course of performing any work in connection with the purpose of which the easements herein are granted. 3 . Grantee shall indemnify and hold Grantor harmless from any and all claims, damages, liabilities, losses, judgments, penalties, fines, costs and expenses, including, without limitation, attorneys' fees, incurred by Grantor due to any injuries or death to any persons or damages to property arising from or related to Grantee, its agents, employees and contractors' use of the Permanent Easement Property for the purposes set forth in Section I herein, 4. All construction, extension, reconstruction, maintenance, repairs, replacements or any other work by Grantee shall be performed in accordance with all applicable building and construction laws. 5 . All notices and demands hereunder shall be in writing and shall be deemed properly served if delivered in person to the party to whom it is addressed, or five (5) days after deposit in the U.S. Mail if sent postage prepaid by United States registered or certified mail, return receipt requested, addressed as follows: If to Grantee: City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 If to Grantors: Bristol-Kendall Fire Department 4400 Rosenwinkel Street Yorkville, Illinois 60560 6. Said easements shall be treated as a covenant running with the land. 7. Said permanent easement shall be binding upon the successors, heirs, and assigns of each parry hereto. IN WITNESS WIIEREOF, the Grantors and Grantee have hereunto set their hands and seal this day of 2009. Mayor, United City of Yorkville Bristol-Kendall Fire Department City Clerk STATE OF ILLINOIS ) COUNTY OF KENDALL ) BRISTOL-KENDALL FIRE DEPARTMENT allege and state that they have read the foregoing Grant of Permanent Bike Trail Easement Agreement by them subscribed, that they have knowledge of the facts and contents contained therein, and that the facts as alleged therein are true in substance and in fact. Bristol-Kendal Fire Department Subscribed and sworn to before me, 'M2( ['A- 2009. AL $$$ J. P AN N tary Public OF fU.INOIS S 3.12.2011 Prepar ed by and return to: City Attorney Kathleen Field Orr 800 Game Farm Road Yorkville, Illinois 60560 (630) 553-4350 Plat of Permanent Bike Trail Easement for Part of Section 9 - 37 - 7 Bristol Township , Kendall County, Illinois Legal Description for Permanent Easement THAT PART OF THE NORTH HALF OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD p0 PRINCIPAL MERIDIAN, BEGINNING AT THE SOUTHEAST BA CORNER OF LOT 1685 IN BRISTOL BAY P.U.D. UNIT 1 , Vajlzj6a gc�to SHEER 2� 2p3yg3A2 THE THEREOF REBCOIRDEDNDECEMOB DIRK 21T0 005, AS T DOCUMENT NUMBER 200500039532; THENCE NORTH 75 J UA CoRpOEO NuMBtR 2005 DEGREES 13 MINUTES 39 SECONDS WEST ALONG THE ly RE ck) SOUTHERLY LINE OF SAID LOT 1685, 179. 27 FEET; 00 THENCE NORTH 14 DEGREES 46 MINUTES 21 SECONDS Z EAST, 20. 00 FEET; THENCE SOUTH 75 DEGREES 13 MINUTES 39 SECONDS EAST 179.27 FEET; THENCE Z SOUTH 14 DEGREES 46 MINUTES 21 SECONDS WEST, A Cv DISTANCE OF 20. 00 FEET TO THE POINT OF BEGINNING liJ IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS CONTAINING 0. 0823 ACRES, MORE OR LESS. N14•46,21 ,W 20.00, 6 S7 . 13 3g.,W 1179-27' N75•13139ryW 179,27' 4'46'21 Bristol — Kendall Fire Department Easement NA ROAD P.O.B. 2000, W ® (0. 0823 Acres) Exhibit " A " Scale 1 " = 50 ' `�fpD c1 p, Reviewed By: Agenda Item Number J= y T Legal ❑ OA -d Finance F]Engineer EST. , 1836 -i ,- Tracking Number L Gl y City Administrator ❑ 9 s O Consultant ❑ v\1 atoti - y1 <L E �V�+ ❑ Agenda Item Summary Memo Title: Westbury East Village— Call of Sitework Bonds for Sanitary Sewer, Watermain, and Storm Sewer Meeting and Date• May 19, 2009 Public Works Committee Synopsis: Recommendation to call three sitework bonds in a total amount of$763,351.03 due to a claim from Pirtano Construction Company. 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: CITJ- ,2 p� Memorandum 9 EBL IB36 To: Brendan McLaughlin, City Administrat r From: Joe Wywrot,City Engineer W 9 � p CC: Kathy Orr, City Attorney <�E Lisa Pickering,Deputy City Clerk Date: May 15, 2009 Subject: Westbury East Village—Call of Sitework Bonds for Sanitary Sewer,Watermain, and Storm Sewer Attached find a Notice of Claim in the total amount of$1,090,255.00 from the attorney for Pirtano Construction Company, Inc. against three bonds for the Westbury East Village development. The developer, Ocean Atlantic, established eight separate bonds for the various work categories in order to record the plat of subdivision,but they failed to pay certain fees and therefore the plat of subdivision was never recorded. The amount of the claim is equal to the entire amounts of the bonds for sanitary sewer,watermain, and storm sewer. The documentation submitted with the claim indicates that the value of the work performed exceeds the amount of the bonds for each work category. While most of these utilities have been constructed,there are some sections that have not been constructed, and therefore we should retain 110%of the value of that uncompleted work. Also, I recommend that we follow our policy of retaining 20%of the value of the substantially completed work. Finally,I recommend that we include$1100 in the call amount for each bond to cover estimated city attorney costs. I recommend that the City Clerk be authorized to call American Southern Insurance Company Bond No. B98815015131 for Westbury East Village in the amount of$206,695.18 for sanitary sewer. I recommend that the City Clerk be authorized to call American Southern Insurance Company Bond No. B98815015132 for Westbury East Village in the amount of$215,458.26 for watermain. I recommend that the City Clerk be authorized to call American Southern Insurance Company Bond No.B98815015133 for Westbury East Village in the amount of$341,197.59 for storm sewer. Please refer to the attached spreadsheet for details. The basis for calling these bonds is that the city has determined that the public improvements or other improvements covered by the bonds have been or are likely to be the subject of liens or other claims by contractors, subcontractors or third parties. Prior to recording of the plat of subdivision,I recommend that we re-evaluate the engineer's estimate of cost and the condition of the constructed improvements at that time to determine if additional bonding should be required. Please place this item on the City Council agenda of May 19,2009 for consideration. Smith tv Matthew W. Hom Direct Dial: (312) 8943322 Mhom@salawus.com April 27, 2009 VIA CERTIFIED MAIL Mayor and Aldermen City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Kennedy Funding, Inc., v. Ocean AtlanticMFG-Westbury LLC et al. Case No.: 07 CH 0445 Our File No.: 3008779 Gentlemen: Please allow this correspondence to serve as my client, Pirtano Construction Company, Inc.' s ("Pirtano Construction"), formal petition requesting that the City of Yorkville ("Yorkville") submit demands on Pirtano Construction's behalf on the following subdivision bonds issued by American Southern Insurance Company ("American Southern"), and pertaining to work completed by Pirtano Construction on Ocean Atlantic's Westbury Project, located at the southwest comer of Route 47 and Galena Road in Yorkville ("the Property"): 1 ) Subdivision Bond No. B98815015133 in the amount of $480,670.00, guaranteeing the installation of storm sewers on the Property; 2) Subdivision Bond No. B98815015132 in the amount of $333,052.00, guaranteeing the installation of the water main on the Property; and 3) Subdivision Bond No. B98815015131 in the amount of $276,533.00, guaranteeing the installation of the sanitary sewers on the Property. Copies of the bonds are enclosed for your review and reference. I have also enclosed for your review and reference a copy of Pirtano Construction's Verified Counterclaim and Third-Party Complaint ("the Complaint") foreclosing on a mechanics lien Pirtano Construction holds on the Property. The information contained in the Complaint and the attached exhibits verifies Pirtano Construction's interest in the Property and the work it performed on the same, and documents Ocean Atlantic's default under subparagraph 5 of the applicable default provision set forth in each of the abovementioned bonds. Subparagraph 5 states: It is agreed that the following shall be considered a default by [Ocean Atlantic] and shall entitle [Yorkville] to make demand on this Subdivision Bond: that [Yorkville] has determined that the public improvements or other improvements 150 North %Iwhigan Avenue i Suite 3300 , Chicago, H. 60601 1 312 894.3200 , c L 1 312 894 3210 ; A x I W WW.Salawvs,enm N. .c. �yd covered by this commitment have been or are likely to be the subject of liens or other claims by contractors, subcontractors or third parties. Should any questions, comments or concerns arise regarding this petition, I ask that 1 please be contacted to discuss the same. Likewise, if a formal vote by Yorkville's Board is necessary to make such a demand, I ask that I be notified of the date, time, and place of the vote so I may be present. Moreover, I ask that I please be carbon copied on any and all correspondence between Yorkville and American Southern regarding the requested demand. Yorkville's attention to this matter is greatly appreciated. Very &,uly yours, wlatth wCW im cc: Jackie Milschewski City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Enclosures City of Yorkville 1'5-May-09 Letter of Credit/Bond Reduction Subdivision: Westbury Village Unit 1 (Pod 6) Reduction No. N/A - Call of bond due to Pirtano claim Bond/LOC No. American Southern Insurance Company; Bond #B98815015131 For: Sanitary Sewer LOC/Band Approved Original amount Amount complete prior Amount to remain Item Eng. Est. for LOC/Bond to Call Amount to Call after Call San. Sewer, 8" PVC SDR 26, 8-12' deep $49,266.00 $54, 192.60 $42,546.00! $38,291 .40 $15,901 .20 San. Sewer, 8" PVC SDR 26, 12-16' deep $52,593.00' $57,852.30 $52,593.00` $47,333.70 $10,518.60 Sanitary MH, Ty A, T1 FCL, 8-12' deep, 4' dia. $18,900.001 $20,790.00 $16,200.00 $14,580.00 $6,210.00 Sanitary MH, Ty A, T1 FCL, 12-16' deep, 4' dia. $26,250.001 $28,875.00 $26,250.00' $23,625.00 $5,250.00 Sanitary MH, Ty A, T1 FCL, 12-16' deep, 4' dia. $2,000.00 $2,200.00 $2,000.00 $1 ,800.00 $400.00 Sanitary Service, 6" PVC SDR 26 $44,958.75 $49,454.63 $41 ,197.00 $37,077.30 $12,377.33 Sanitary Service Riser, 6" PVC $1 ,350.00' $1 ,485.00 $1 ,350.00 $1 ,215.00 $270.00 Connect to Existing Sanitary Line $1 ,650.00 $1 ,815.00 $1 ,650.00' $1 ,485.00 $330.00 Trench Backfill $312572.00 $34,729.20 $23,886.00' $21 ,497.40 $13,231 .80 10% Construction Material adjustment $222853.98 $25,139.27 $20,767.20' $18,690.38 $6,448.89 Attorney's Cost $0.00 0.00 $0.00' 1 100.00 -$1 .100.00 Totals $251 ,393.73 $276,533.00 $228,439.20 $206,695.18 $69,837.82 Notes: a) LOC/Bond amt. to be 20% of substantially completed items plus 110% of uncompleted items prior to final acceptance. b) LOC/Bond reduced to 10% at final acceptance. c) Manual input required for cells highlighted in yellow. City of Yorkville 15-May-09 Letter of Credit/Bond Reduction Subdivision: Westbury Village Unit 1 (Pod 6) Reduction No. N/A - Call of bond due to Pirtano claim Bond/LOC No. American Southern Insurance Company; Bond #B98815015132 For: Watermain LOC/Bond Approved Original amount Amount complete prior Amount to remain Item Eng. Est. for LOC/Bond Call Amount to Call after Call Watermain, 8", CL 52, w/polyethylene wrap $123,750.00 $136,125.00 $1173090.00 $111 ,235.50 $24,889.50 Hydrant w/auxiliary valve $441000.00 $48,400.00 $40,000.00 $38,000.00 $10,400.00 Water Service, 1 ", Ty K w/box (long) $341300.00 $37,730.00 $0.00 $0.00 $37,730.00 Water Service, 1 ", Ty K w/box (short) $18,000.00 $19,800.00 $0.00! $0.00 $19,800.00 Water Tight Plug in Blocking $1 ,200.00; $1 ,320.00 $15200.00 $1 , 140.00 $180.00 Trench Backfill $14,400.00' $15,840.00 $9,738.00 $9,251 .10 $6,588.90 8" Valve in 4' dia. Vault $35000.00 $38,500.00 $321500.00 $30,875.00 $72625.00 Connect to Existing Watermain $1 ,100.00 $1 ,210.00 $12100.00+ $1 ,045.00 $165.00 8" Pressure Tap on Existing 16" watermain $33500.00' $32850.00 $31500.00 $32325.00 $525.00 10% Construction Material adjustment $271525.00' $302277.00 $20,512.80: $199486.66 $10,790.34 Attorney's Costs $0.00` $0.00 $0.00 $1 , 100.00 -$1 , 100.00 Totals $302,775.00 $333,052.00 $225,640.80 $215,458.26 $117,593.74 Notes: a) LOC/Bond amt. to be 20% of substantially completed items plus 110% of uncompleted items prior to final acceptance. b) LOC/Bond reduced to 10% at final acceptance. c) Manual input required for cells highlighted in yellow. City of Yorkville 15-May-09 Letter of Credit/Bond Reduction Subdivision: Westbury Village Unit.1 (Pod 6) Reduction No. NIA - Gall of bond due to Pirtano claim Bond/LOC No. American Southern Insurance Company; Bond #898815015133 For Storm:Sewer LOC/Bond Approved Original amount Amount complete prior Amount to remain Item End. Est. for LOC/Bond to Call Amount to Call after Call Storm Sewer, 6" PVC SDR 26 $16,960.00 $18 678 00 $16,980.00 $15,282.00 $3,396.00 Storm Sewer, 12" RCP, Ty 1 $41,475.00': $45,622.50 $33,780.00: $30,402.00 $15,220.50 Storm Sewer, 15" RCP, Ty 1 :$12,308.00. $13,53&80 i $10,693.00. $9,623.70 $3,915.10 Storm Sewer, 18" RCP, Ty 1 $271018.00': $29,719.80 $21,470.001 $19,323.00 $10,396.80 Storm Sewer, 21" RCP, Ty 1 $20,895.00.: $22,984.50 $7,140.00: $6,426.00 $16,558.50 Storm Sewer, 24" RCP, Ty 1 ;$10,511.001 $11 ,56210 $6,509.00 $5,858.10 $5,704.00 Storm Sewer, 27" RCP, Ty 1 $10,150.001 $11,16500 $10150.00'. $9,135.00 $2,030.00 Storm Sewer, 30" RCP, Ty 1 $16,659.00'. $18,324.90 } $16,659.00. $14,993.10 $3,331.80 Storm Sewer, 36" RCP, Ty 1 .$35,433.001 $38,976.30 : $35,433A0 $31 ,889.70 $7,086.60 Storm Sewer, 42" RCP, Ty 1 1$12,460.00 $13,706.00 $12,460.00'. $11 ,214.00 $2.492.00 Storm Sewer, 48" RCP, Ty 1 :$37,635.00'. $41 ,398.50 $37,635.00! $33.871.50 $7,527.00 Cleanout Structure w/R-1706 F&G, 2' dia $4,050.001 $4,455.00 % $4,050.00: $3,645.00 $810.00 Inlet, Ty A, w/Ty 8 Grate, Zola }$71000.00:; $7,700.00 $6,500.00'. $5.850.00 $1 ,850.00 Inlet, Ty A, w/R-3015 F&G, 2' dia !$7,500.00': $8,250.00 ! $7500100'. $6,750.00 $1 ,500.00 Inlet, Ty A, w/R-3286-8V F&G, 2' dia. $500.00': $550.00 ;$500.00: $450.00 $100.00 Inlet, Ty B, w/Ty 8 Grate, 3' dia $1,200.00'. $1 ,320.00 $9,200.00' $1 ,080.00 $240.00 Inlet. Ty B, w/R-3015 F&G, T dia '.$1,800.001 $1 ,980.00 f $1,800.00: $1 ,620.00 $360.00 Inlet, Ty A, w/R-1030 F&TyD Grate, 3' dia. j $600.00: $660.00 '.$600.001 $540.00 $120.00 Catch Basin, Ty A, w/R-1030 F&G, 4' dia ($2,400.00'. $2,640.00 t $2,400.00'. $2.160.00 $480.00 Catch Basin, Ty A, w/R-1030 F&G, S dia ::$1,400.004 $1 ,540.00 1 $1,400.00: $1,260.00 $280.00 Catch Basin, Ty A, w/R-3015 F&G, 4' dia $18,000.00 $19,800 00 $16,80000`. $15,120.00 $4,680.00 Catch Basin, Ty A, w/R-3015 F&G, 5' dia :$1,400.00!. $1 ,540.00 ! $1,400.00: $1,260.00 $280.00 Catch Basin, Ty A, w/R-3286-8V F&G, 4' dia ;$2,400.001 $2,640.00 $2,400.001 $2,160.00 $480.00 Storm MH, Ty A, w/R-1030 F&Ty B CL, 4' dia ;'$5,500.00, $6,050.00 $0.00'. $0.00 $6,050.00 Storm MH, Ty A, w/R-1030 F&Ty D Grate, 4 dia $22,000.00 $24,200 00 i $22,000.00: $19,800.00 $4,400.00 Storm MH, Ty A, w/R-3015 F&G, 4' dia $2,200.00 $2,420.00 ': $2,200.00: $1 ,980.00 $440.00 Storm MH, Ty A, w/R-1030 F&Ty B CL, 5' dia .$22,100.00' $24,310.00 $10,400.00: $9,360.00 $14,950.00 Storm MH, Ty A, w/R-1030 F&Ty D Grate, 5 dia $10,400.00': $11 ,440.00 $10,400.00' $9,360.00 $2,080.00 Storm MH, Ty A, w/R-3015 F&G, V dia '.:$2,600.00. $2,860.00 $2,600.00 $2,340.00 $520.00 Storm MH, Ty A, WR-1030 F&Ty B CL, 6' dia :$16,500.00: $18,150.00 $16,500.00 $14,850.00 $3,300.00 Storm MH, Ty A, w/R-1030 F&Ty B CL, T dia ;$1,800.00 $1 ,980.00 ': $1 ,800.001 $1 ,620.00 $360.00 Storm MH, Ty A, w/R-1030 F&Ty B CL, 9' dia ''.$2,200.00'. $2,420.00 $2,20(L00' $1 ,980.00 $440.00 Flared End Section, 15" RCP w/grate ^$2,200.00' $2,420.00 '. $0.00'. $000 $2,420.00 Flared End Section, 48" RCP w/grate ':$11900.00: $2,090.00 : $1,900.00' $1 ,710.00 $380.00 Stub & Plug ::$2,000.001 $2,200.00 $2,000.00 $1 ,800.00 $400.00 Trench Backfill $16,074.00': $17,681 .40 $16,074.00: $14,466.60 $3,214.80 10% Construction Material adjustment .$39,724.80: $43.69720 $34,353.30: $30,917.89 $12,779.31 Attorney's Costs $0.00 $0.00 $0.00! $1 .100.00 -$1 .100.00 Totals $436,972.80 $480.670.00 $377,886.30 $341 ,197.59 $139,472.41 Notes: a) LOC/Bond amt. to be 20% of substantially completed items plus 110% of uncompleted items prior to final acceptance. b) LOC/Bond reduced to 10% at final acceptance. c) Manual input required for cells highlighted in yellow. Westbury East Village Unit 1 (Pod 6) - Call of bonds due to Pirtano claim 15-May-09 Current Remaining Work Item Bond No. Bond Amount Amount of Claim Amount to Call Bond Amount Sanitary Sewer B98815015131 $276,533.00 $276,533.00 $206,695. 18 $69,837.82 Watermain B98815015132 $3332052.00 $333,052.00 $215,458.26 $117,593.74 Storm Sewer B98815015133 $480,670.00 $480,670.00 $341 ,197.59 $139,472.41 Totals $1 ,090,255.00 $1 ,090,255.00 $763,351 .03 $326,903.97 `�fpD Co. Reviewed By: Agenda Item Number J= y T Legal ❑ (v Finance ESL � 1836 r] � .- 1 .5 - Engineer T 1 Tracking Number City Administrator 9 Via ° x`20 Consultant ❑❑ V\1 IX/1 CU _ �> <LE ��• Agenda Item Summary Memo Title: Windett Ridge - Update Meeting and Date: May 19, 2009 Public Works Committee Synopsis: This memo documents recent discussions with residents and the developer regarding the Windett Ridge development. 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't yin Memorandum EST. 1936 To: Brendan McLaughlin,City ' -� From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City C <4E r Date: May 13, 2009 Subject: Windett Ridge-Update This memo documents recent discussions with the developer and contact with residents regarding issues for the Windett Ridge subdivision. Ward 1 meetings were held on March 5th and April 30", 2009. The March 5th meeting was primarily to discuss issues in the Raintree Village development,but there were some residents of Windett Ridge present. The follow-up meeting on April 30th was to discuss Windett Ridge. Resident concerns at that meeting varied from paving of the roadway surface course,to drainage issues along Claremont Court and Drayton Court,to standing water and weeds on vacant lots,to gaps in sidewalks where homes have not yet been constructed. Similar concerns were raised by many residents at the May 12th City Council meeting. In March we began preparing the punchlists for the development as well at the associated Route 47 improvements. Those punchlists were forwarded to the developer, Wiseman-Hughes Enterprises,Inc., on April 7, 2009 and March 13, 2009,respectively. We also generated a schedule for completing the punchlist work,as follows: Dates Activi March Meet w/developer to discuss timeline and scope of work. March-April Prepare Unit 1 and Route 47 punchlists. Forward punchlist to developer. June Complete easement issues with Commonwealth Edison. July Obtain IDOT sign-off for Route 47 improvements. May—November Developer completes punchlist. May—July Monitor developer progress on punchlist. If developer falls behind schedule, contact bond companies. Meetings with the developer, Wiseman-Hughes Enterprises,Inc.,were held on March 110' and May 120i. Both meetings were to discuss the status of the development and the need to complete punchlist work in 2009. In between these meetings there were numerous phone conversations with the developer to discuss various issues, such as punchlist work and the status of the development. At the March l h'meeting,the developer informed us that Bank of America will be assuming ownership of the development by the end of May,2009. Wiseman-Hughes will act as their project manager through the end of 2009 and possibly into 2010 if the bank continues to hold the property. The bank has approval authority over any decision to spend money in the development, even prior to them assuming ownership of the development. We informed the developer that pavement repairs were needed in many areas. The developer obtained approval from the bank and these areas were patched on May 7`h. In additional, some erosion control work was performed earlier this week. At the May 12`h meeting, the developer re-iterated the ownership status of the development. They also stated that they have been funding the HOA, even though there are many Windett Ridge residents that are not doing so. There was continuing discussion about the rearyard drainage along Claremont Court, with the developer stating that it was constructed per plan. The city's response was that the residents were not made aware that there would be such a high flowrate of stormwater through their rear yards prior to purchasing their lots. The developer stated that was untrue, and that all of those residents were made aware of the drainage swale prior to purchasing their lots. The developer also stated that the erosion occurring along this Swale was due to some homeowners putting in fences that block the flow of stonnwater and forces it to pass beneath the fences at higher velocities, thereby resulting in erosion. The developer asked the city for a shortlist of high-concern punchlist items that they will take to the bank to request approval for funding. Those items are: 1) Paving of surface course, along with related repairs to utilities and existing pavement that must occur beforehand. 2) Standing water on vacant lots. 3) Creation of a maintenance plan for all vacant lots. 4) Claremont Court rearyard drainage issue. 5) Construction of temporary sidewalk across approximately 12 vacant lots to create continuous sidewalk on at least one side of the street where existing homes are located. The developer will meet with the bank on May 20`h, and we have tentatively scheduled a follow- up meeting with them on May 27a'. Please place this item on the May 19, 2009 Public Works Committee agenda for discussion. C/py Reviewed By Agenda Item Number J �v O� Legal ❑ Na # a 8 Finance ❑ ESL , 1836 Engineer ❑ Tracking Number 0 10 �l City Administrator ❑ Consultant ❑❑ P W <<E N Agenda item Summary Memo Title: Sale of generators Meeting and Date: Public Works Committee May 19, 2009 Synopsis: Permission to explore the possibility of selling two generators and purchasing One that better meets our needs Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: positive Council Action Requested: None at this time Submitted by: Eric Dhuse, Director of Public Works PW Name Department Agenda Item Notes: G,r`T Memorandum To: Joe Plocher, Public Works Committee EST , 1836 From: Eric Dhuse, Director of Public Works L W CC: a p� Date: May 11 , 2009 Subject: Generator Proposal LE Joe, I would like to ask permission to explore the possibility of selling two stationary generators and purchase one portable generator with the proceeds. The two generators are located and the cannonball booster station and the raintree village booster station respectively. When these generators were installed, they were a key component in moving water to different parts of the system if the power was out. Now that the system is complete, they are very rarely used, and never used in conjunction. I would like to sell both of them and purchase one portable generator that can be used anywhere in the city to give us temporary power. By selling two and only purchasing one, we will be saving maintenance on one generator, which can actually be more expensive when you underutilize it. I would ask that this item be placed on the May 19, 2009 public works committee agenda for discussion. If you have any questions or concerns, please let me know. `CEO C1 J y Reviewed By: Agenda Item Number J= , AL ® Legal ❑ *t-3 1836 EST. " Finance ❑ Engineer ❑ Tracking Number y City Administrator ❑ �O` Consultant ❑ PW 000q —;5D <I E Agenda Item Summary Memo Title: Kendall County Salt Storage Cooperative Meeting and Date: Public Works—May 19, 2009 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Brendan McLaughlin Administration Name Department Agenda Item Notes: See attached. �`-1k CtPd Memorandum To : Brendan McLaughlin, Administrator asr gas From: Eric Dhuse, Director of Public Works rjy CC: s� Date: May 1 , 2009 LE Subject: salt storage L�� ae. Brendan, I was contacted by Fran Klaas yesterday regarding a salt storage facility that would be shared by all governmental agencies within the county as a bulk storage facility. At this time, all 9 of the townships and the county are "in", and Fran is talking to all of the municipalities this week. Preliminarily it is looking like the cost will be approximately $4000 per 100 tons of salt if all agencies decide to join. Based on last years numbers that would put our share at $80,000 which buys us 2000 tons of storage that we do not have to place on our property leaving us with space for future expansion. The facility would be built at the current Highway department building, so it would be very centrally located for us as well. I told Fran that we were interested, but that I needed to sit down and get your feelings on this proposal. Fran said that he would contact me again after he talked to the other municipalities. \QED C/rk Reviewed By: Agenda Item Number J� 0 o Legal ❑ N (� EST. , igam leas Finance F-1 Engineer ❑ Tracking Number 0 �� City Administrator ❑ Consultant ❑ P W 900 — '51 LE �i.` ❑ Agenda Item Summary Memo Title, Meeting Dates and Times—Discussion Meeting and Date- Public Works—May 19, 2009 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Meghan Gehr Administration Name Department Agenda Item Notes: Because Committee membership has changed, the Public Works Committee should discuss if they would like to continue meeting on the third Tuesday of each month at 6:00 pm, or if a different date and/or time would work better. C/p` Reviewed By: Agenda Item Number Jam ' 8 Legal ❑ N 'f* EST.. 1 ' ° Finance ❑ Engineer ❑ Tracking Number City Administrator ❑ Consultant ❑ R w an 0 q_15 a Agenda Item Summary Memo Title: Committee Liaison Appointments Meeting and Date• Public Works—May 19, 2009 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Meghan Gehr Administration Name Department Agenda Item Notes: The Public Works Committee serves as liaison to the Yorkville Bristol Sanitary District and to the City's Park Board. The committee should select one member to serve as the liaison to these boards. See attached for meeting schedules. CITY COUNCIL COMMITTEE LIAISONS ADMINISTRATION COMMITTEE What When Where Who Metra Board of Directors 2nd Friday @ 9:00 a.m. 547 W.Jackson Blvd., Chicago Library Board 2nd Monday @ 7:00 p.m. Library- Board Room Cable Consortium 15Y Thursday @ 5:30 p.m. Waubonsee Community College— Sugar Grove ECONOMIC DEVELOPMENT COMMITTEE What When Where Who Yorkville Area Chamber of 3`d Thursday @ 7:30 a.m. YACC Office Commerce (YACC) 26 W. Countryside Pkwy Plan Commission 2nd Wednesday @ 7:00 p.m. Library- 1st Floor Meeting Room Yorkville Economic Development 2nd Wednesday @ 4:30 p.m. YEDC Office Corporation 651 Prairie Pointe Dr. Aurora Area Convention &Visitors 4 th Thursday @ 8:00 a.m. 43 W. Galena Blvd., Aurora Bureau (AACVB) PUBLIC SAFETY COMMITTEE What When Where Who Human Resources Commission 3`d Wednesday @ 6:30 p.m. City Hall Conference Room KenCom School District Board 4th Monday @ 7:30 p.m. District Office Board Room 602A Center Pkwy PUBLIC WORKS What When Where Who Yorkville Bristol Sanitary District 2nd Monday @ 5:00 p.m. YBSD Office (YBSD) 304 River Street Park Board 2"d & 4th Thursdays @ 7:00 p.m. Park & Rec. Office 201 W. Hydraulic \CEO C/p� Reviewed By: Agenda Item Number J� P Legal ❑ 13 # EST 1836 Finance Fl Engineer ❑ Tracking Number LI o y City Administrator ❑ Consultant El pW 2009-42 ❑ <LE �a?' Agenda Item Summary Memo Title: Morgan Street Re-Paving (Fox St. to Washington St.) Meeting and Date• Public Works—May 19, 2009 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Brendan McLaughlin Administration Name Department Agenda Item Notes: See attached. Page 1 of 1 Joe Wywrot From: Joe Wywrot Sent: Wednesday, April 29, 2009 4:16 PM To: Brendan McLaughlin Cc: Eric Dhuse; Ron Naylor, Darrell Busch Subject: Fox Road LAPP issues Brendan, I spoke with Roger Blakley of IDOT about some Fox Road LAPP project. The contract is between IDOT and Aurora Blacktop. The city does not need to formally concur with the award. I had previously told Roger that we were OK with the award to Aurora Blacktop, and with your Administrator's Report at last night's City Council meeting it will be in the minutes and documented. Roger said that the paperwork will take about one month to complete, and that we will be notified when the pre-construction meeting will be held. I also asked Roger again about the possibility of adding a block of Morgan Street to the project by change order. He said that the formal reason is because projects funded through the Kane/Kendall Council of Mayors need to have logical termini and be located on FAU routes. Morgan Street does not fit those criteria. He will contact [DOT's Springfield office to double-check, but does not believe Morgan Street can be added to the project. Darrell —please take pre-construction pictures. Take pictures after a rain to document any standing water, especially at driveways. Joe Joe Wywrot Yorkville City Engineer (630)553-8527 (630)553-3436 fax (630)878-2021 mobile 5/15/2009 Brendan McLaughlin From: Joe Wywrot Sent: Wednesday, May 06, 2009 10:57 AM To: Brendan McLaughlin Cc: Eric Dhuse Subject: RE: Fox Road LAPP issues Brendan , With everything else going on , we will not be able to prepare plans and get IDOT approval in time to use the Fox Road LAPP unit pricing . Therefore this would become a small stand - alone project to be constructed this fall or next spring . This block of Morgan Street is like a lot of other streets in town . If we just take care of this one short block, we will be rightly criticized for not continuing further south on Morgan or east on Washington . Those sections of street are also in need of repair . Our MFT budget has been hit hard by salt costs this past winter , and we ' re going to need all the MFT funds we can get for Game Farm Road/Somonauk Street next year . Eric is also going to need MFT for operations . We can add an expanded Morgan Street project to our Capital Improvement Program in the fall , but I don ' t recommend that we jump it to the head of the line . Let me know how you want to proceed . Joe Joe Wywrot Yorkville City Engineer ( 630 ) 553 - 8527 ( 630 ) 553 - 3436 fax ( 630 ) 878 - 2021 mobile - - - - -Original Message - - - - - From : Brendan McLaughlin Sent : Wednesday , May 06, 2009 10 : 35 AM To : Joe Wywrot Cc : Eric Dhuse Subject : RE : Fox Road LAPP issues If MFT can cover the costs and you think the project should be near the top of our list of projects , I would support proceeding with option 1 . I don ' t think the money is there to go with option 2 . From : Joe Wywrot Sent : Thursday , April 30 , 2009 7 : 55 AM To : Brendan McLaughlin Cc : Eric Dhuse Subject : RE : Fox Road LAPP issues Brendan , IDOT presented a couple of options for Morgan Street : 1 ) Prepare stand - alone MFT plans for Morgan Street . The project would normally be bid out , but it might also be possible to enter directly into a contract with ABT using the Fox Road unit pricing if a super- majority of the City Council voted for it . From a timing prospective it would be very difficult to prepare the plans and get IDOT approval in time to take advantage of the Fox Road unit prices . 1 2 ) Enter into a contract directly with AST using the Fox Road unit prices without formal plans , but use general fund money instead of MFT . Once again I believe this would require a super -majority vote by the City Council . Joe Joe Wywrot Yorkville City Engineer ( 630 ) 553 - 8527 ( 630 ) 553 - 3436 fax ( 630 ) 878 - 2021 mobile From : Brendan McLaughlin Sent : Wednesday , April 29 , 2009 4 : 57 PM To : Joe Wywrot Cc : Eric Dhuse ; Ron Naylor; Darrell Busch Subject : RE : Fox Road LAPP issues Joe - Would it make sense to get a cost from ABT to do the work and have the City Council award a contract as being in the best interest since they are mobilized ? Could it still get funded from MFT ? Otherwise what is the MFT process if it was a stand alone maintenance project ? Could it go to bid or quote depending on eng est and then get awarded ? From : Joe Wywrot Sent : Wednesday , April 29 , 2009 4 : 16 PM To : Brendan McLaughlin Cc : Eric Dhuse ; Ron Naylor ; Darrell Busch Subject : Fox Road LAPP issues Brendan , I spoke with Roger Blakley of IDOT about some Fox Road LAPP project . The contract is between IDOT and Aurora Blacktop . The city does not need to formally concur with the award . I had previously told Roger that we were OK with the award to Aurora Blacktop , and with your Administrator ' s Report at last night ' s City Council meeting it will be in the minutes and documented . Roger said that the paperwork will take about one month to complete, and that we will be notified when the pre - construction meeting will be held . I also asked Roger again about the possibility of adding a block of Morgan Street to the project by change order . He said that the formal reason is because projects funded through the Kane/ Kendall Council of Mayors need to have logical termini and be located on FAU routes . Morgan Street does not fit those criteria . He will contact IDOT' s Springfield office to double - check , but does not believe Morgan Street can be added to the project . Darrell - please take pre - construction pictures . Take pictures after a rain to document any standing water , especially at driveways . Joe Joe Wywrot Yorkville City Engineer ( 630 ) 553 - 8527 ( 630 ) 553 - 3436 fax ( 630 ) 878 - 2021 mobile 2 `.,OD Cl?. Reviewed By: Agenda Item Number J2 a a, T Legal ❑ Q g oZ Esr. —� Finance leas ❑ Imo` Engineer ❑ Tracking Number t City Administrator ❑ �S1 L Glom. a0 Consultant ❑ ❑ PW 2009-43 <CE �r'v Agenda Item Summary Memo Title: High Water Levels—Update & Discussion Meeting and Date• Public Works—May 19, 2009 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Brendan McLaughlin Administration Name Department Agenda Item Notes: E.E.I. will be present at the meeting to participate in this discussion.