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Public Works Packet 2009 06-16-09 Co.o United City of Yorkville J '`� 800 Game Farm Road EST. 1Z 1836 Yorkville, Illinois 60560 4 -� Telephone: 630-553-4350 �0 if Cotl.,YSea, p Fax: 630-553-7575 Kentlall County 'LE AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday, June 16, 2009 6:30 p.m. City Hall Conference Room Presentation: None Minutes for Correction/Approval: None Items Recommended for Consent Agenda: 1. PW 2009-53 Water Department Report for March 2009 2. PW 2009-54 Water Department Report for April 2009 3. PW 2009-55 Kendall Marketplace — Earthwork LOC Expiration 4. PW 2009-56 IDOT Highway Permit and Resolution— Countryside Redevelopment 5. PW 2009-57 Aldi's Redevelopment— Revised Traffic Signal Easement New Business: 1. PW 2009-58 Game Farm/Somonauk Street Project— Professional Services for ROW and Easement Acquisition 2. PW 2009-59 Kendallwood Estates — Benjamin Street Paving and Landscaping 3. PW 2009-60 Fox Hill Unit 7 — Stormwater Basins 4. PW 2009-61 Stop Sign Warrant Analyses 5. PW 2009-62 Capital Improvement Program 6. PW 2009-63 Dumping Trash in Vacant Areas of Subdivisions — Discussion Old Business: 1. PW 2009-48 Windett Ridge — Update 2. PW 2008-94 Quiet Zone Engineering Services Agreement Additional Business: Public Works Committee June 16, 2009 Page 2 2008 City Council Goals -Public Works Committee `Interim Public Works Faciltiy." Eric Dhuse `Explore gray water reuse by city." Alderman Plocher Eric Dhuse Alderman Werderich Scott Sleezer `Biodiesel,E85, and hybrid vehicles." Alderman Sutcliff Eric Dhuse Alderman Werderich Bart Olson "Bike trails and pedestrian friendly development/redevelopment, 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, June 16, 2009 6 :30 PM CITY CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- ITEMS RECOMMENDED FOR CONSENT AGENDA: I . PW 2009-53 Water Department Report for March 2009 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2009-54 Water Department Report for April 2009 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3 . PW 2009-55 Kendall Marketplace — Earthwork LOC Expiration ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2009-56 IDOT Highway Permit and Resolution — Countryside Redevelopment ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes 5 . PW 2009-57 Aldi' s Redevelopment — Revised Traffic Signal Easement ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational item ❑ Notes NEW BUSINESS: 1 . PW 2009-58 Game Farm/Somonauk Street Project — Professional Services for ROW and Easement Acquisition ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2009-59 Kendallwood Estates — Benjamin Street Paving and Landscaping ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes 3 . PW 2009-60 Fox Hill Unit 7 — Stormwater Basins ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2009-61 Stop Sign Warrant Analyses ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2009-62 Capital Improvement Program ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2009-63 Dumping Trash in Vacant Areas of Subdivisions—Discussion ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- OLD 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 2008-94 Quiet Zone Engineering Services Agreement ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- CA # 1 United City of Yorkville V\t a oc)q - 53 WATER DEPARTMENT REPORT MARCH 2009 MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET FE FE GALLONS 3 1335 501 204 0 4 1393 542 188 10,158,000 7 1500 883 553 2,844,600 8 1500 861 477 0 9 1500 1125 576 27,474,000 TOTAL 40,476,600 CURRENT MONTH'S PUMPAGE IS 3,313,800 GALLONS MORE THAN LAST MONTH 1,584,300 GALLONS MORE THAN LAST MONTH DAILY AVERAGE PUMPED: 1,229,800 GALLONS DAILY MAXIMUM PUMPED: 1,988,100 GALLONS DAILY AVERAGE PER CAPITA USE: 79.6 GALLONS WATER TREATMENT CHLORINE FED: 956.2 LBS. CALCULATED CONCENTRATION: 3.2 MG/L FLUORIDE FED: 456.8 LBS. CALCULATED CONCENTRATION: 016 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 18 SAMPLES TAKEN 18 SATISFACTORY UNSATISFACTORY (EXPLAIN) FLUURIDE: 3 SAMPLE(S)TAKEN CONCENTRATION: - MG/L MAINTENANCE NUMBER OF METERS REPLACED: 13 NUMBER OF LEAKS OR BREAKS REPAIRED: 0 MXU'S 11 NEW CUSTOMERS RESIDENTIAL: 11 COMMERCIAL: 1 INDUSTRIAL/GOVERNMENTAL: COMMENTS #a United City of Yorkville �e��. ao WATER DEPARTMENT REPORT ® � w 0 < 3r APRIL 2009 MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET FEET FEET GALLONS 3 1335 501 402 0 4 1393 542 189 7,775,000 7 1500 883 552 6,349,000 8 1500 861 476 18,521,000 9 1500 1125 575 9,263,000 TOTAL 41,908,000 CURRENT MONTH'S PUMPAGE IS 1,431,400 GALLONS MORE THAN LAST MONTH 7,072,200 GALLONS LESS THAN LAST MONTH DAILY AVERAGE PUMPED: 1,336,400 GALLONS DAILY MAXIMUM PUMPED: 2,086,600 GALLONS DAILY AVERAGE PER CAPITA USE: 83.5 GALLONS WATER TREATMENT CHLORINE FED: 1177.1 LBS. CALCULATED CONCENTRATION: 3.0 MG/L FLUORIDE FED: 268.8 LBS. CALCULATED CONCENTRATION: 0.17 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 18 SAMPLES TAKEN 18 SATISFACTORY UNSATISFACTORY (EXPLAIN) FLOURIDE: 3 SAMPLES)TAKEN CONCENTRATION: .98 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 15 NUMBER OF LEAKS OR BREAKS REPAIRED: 2 MXU'S i NEW CUSTOMERS RESIDENTIAL: 8 COMMERCIAL: 0 INDUSTRIAL/GOVERNMENTAL: 0 COMMENTS Repaired 2 water main breaks, old Countryside Shopping Mall, & E Main &Sanders Ct. 850,000 gallons of water lost due to breaks. Flushed every fire hydrant throughout town. C/py Reviewed By: Agenda Item Number J= T Legal ❑ ## Finance ❑ EST. , � � 183i eer E �a(oq n -�� Tracking Number o L n W City Administrator ❑ Consultant ❑❑ 4N Q cog —5 <LE Agenda Item Summary Memo Title: Kendall Marketplace—Earthwork LOC Expiration Meeting and Date: June 16, 2009 Public Works Committee Synopsis: We have been notified that the earthwork LOC for Kendall Marketplace will expire on 9/16/09. Recommend calling this LOC if not renewed prior to 9/4/09. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: cis.` Memorandum EST. , ` 1836 To: Brendan McLaughlin, City From: Joe Wywrot, City Engineer 2p CC: Lisa Pickering,Deputy City 1 k <LE Date: June 9, 2009 Subject: Kendall Marketplace—Earthwork LOC Expiration Attached find a notice from The Private Bank that their Letter of Credit No. 069144501 for the Kendall Marketplace development will expire on September 16, 2009. This letter of credit, in the amount of$250,000.00, guarantees satisfactory completion of earthwork and erosion/sediment control for the Kendall Marketplace development. Most of the mass grading is complete and a substantial portion of the site has been stabilized with either paving or landscaping. The original letter of credit,however,was supposed to have been in the amount of$3,268,504.25. We agreed to accept a letter of credit in the amount of $250,000 when we issued the Site Development Permit,with the understanding that a letter of credit for the balance would be established upon Harlem-Irving closing on the property. That supplemental letter of credit was never received. Based on our policy the lowest this letter of credit should be at this time is in excess of$650,000,therefore I recommend that the existing letter of credit in the amount of$250,000 remain in effect. 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 this letter of credit if it is not renewed prior to September 4, 2009. Please place this item on the Public Works Committee agenda of June 16, 2009 for consideration. rI E PRIVATE BANK June 5, 2009 City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn: City Clerk * * * * NOTICE OF NON-EXTENSION * * ** RE: Our Irrevocable Standby Letter of Credit Number 069144501 dated October 27, 2006 Applicant: Cannonball, LLC The above-referenced Letter of Credit was issued with the condition that it be automatically extended without amendment from the present or any future expiration date unless we send you notice in accordance with the Letter of Credit terms. We hereby notify you that we elect not to extend this credit for any such additional period and therefore, this credit will expire in full with our close of business on September 16, 2009. Effective August 7, 2006, Issuer' s address is amended to read as follows: The PrivateBank and Trust Company 70 West Madison, Ste. 200 Chicago, IL 60602 Attn: Letter of Credit Department THE PRIVATEBANK AND TRUST COMPANY Authorized Signature cc: Cannonball, LLC 4104 N. Harlem Ave. Norridge, IL 60706 70 14/'St Madison, Snide zoo Chicago, Illinois 6o602 - [el 1312] 683-7100 fns [3121683-7111 zueuv. 77iePrivatel3anh.emn FDIC QLQun1. 14 OLti1NG LINDEN Cep` Reviewed By: Agenda Item Number J� AR T Legal ❑ C 4q yeas EST E]s 9 oy 1 Engineer FJ 6 ( Tracking Number X09 �� y City Administrator s `�D Consultant ❑ P W 9 0 _c <4E F-1 Agenda Item Summary Memo Title:Countryside Redevelopment—IDOT Highway Permit Meeting and Date: June 16, 2009 Public Works Committee Synopsis: The developer has requested that the city pre-approve the IDOT highway permit application and corresponding resolution for a new entrance from Route 47. 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 1 EST. , 1836 o Brendan McLaughlin, City Fr ri,tr From: Joe Wywrot, City Engineer Z. p CC: Lisa Pickering, Deputy City Jerk kE Date: June 9, 2009 Subject: Countryside Redevelopment—IDOT Highway Permit Attached find a letter from the Countryside Mall developer's consulting engineer requesting that the City Council pre-approve the permit application for the IDOT highway permit for the redevelopment of the Countryside Mall property. This permit will be for a new entrance from Route 47 located directly opposite the Aldi driveway, and includes construction of turn bays and a traffic signal. While the entrance roadway will be private, IDOT requires that the city be the permittee. The developer would like to construct these improvements this calendar year. They anticipate IDOT plan approval soon but don't want to take the chance of losing a month of construction time due to missing a city meeting agenda, therefore they are requesting pre-approval of the permit application and corresponding resolution before we actually receive the IDOT permit package. The attachments are examples of similar permit paperwork that we have approved in the past. By passing the resolution the city is guaranteeing that the work will be performed satisfactorily. We in turn will require the developer to provide a guarantee to us in the form of a bond that they will perform the work and satisfy IDOT's requirements. We will not submit the formal permit application to IDOT until we receive a satisfactory bond and insurance certificate. I recommend that City Council authorize the Mayor and City Clerk to sign the IDOT highway permit application when we receive it, and also adopt the corresponding resolution. Please place this item on the Public Works Committee agenda of June 16,2009 for consideration. SEC Group , lnc . Engineering ® Surveying ® Planning a Landscape Architecture May 28, 2009 Mr. Joseph Wywrot United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Re: Countryside Redevelopment Route: Illinois Route 47 and U.S. Route 34 Location: Northwest Quadrant County: Kendall Permit Log: L-9544 SEC Job No.: TRIL-050220.02 Dear Mr. Wywrot: Enclosed for your review, please find a copy of the Roadway Plans and Specifications for the subject project. Per your conversation with Andy Svihra on May 27'h, 2009 please process the plans for permit acceptance. If you have any questions or need additional information please do not hesitate to call myself or Andy Svihra at (630) 553-7560. Sincerely, SEC GROUP, INC. IJ 4 Matthew L. Svihra, E. I. Civil Engineer II MLS/PAG Enclosure L:Vobs\Smith\2005\050220 Countryside Redevelopment\050220.02 TRIL Countryside Redevelopment\—Corzespondence\letters\050220.02-Final Plans Submittal-Yorkville-05282009.doc 651 Prairie Pointe Drive, Suite 201 , Yorkville, Illinois 60560 t. 630.553.7560 f. 630.553.7646 www.secgroupinc.com Illinois %partrpent of TrarZSpc7rtatOG1 Highway Permit District Serial No. L-9916 City of Yorkville for H & d Development tyVej cio Kozio? Enolneerino 1709 Ooden Avenue (Name.of ApDtieaRn (Poiatigty Address) Lisle IL 60532 Hereinafter lerted the Applicant et/3 (State) request permission and authority to do certain work herein de= bedon the right-of-way of the State Highway known IL Route 471126. Section From Station to Station Kendall County, The work is described In detail on the attached sketch andlor'as follows: Located at the Southeast Quadrant of Routes 47/126. Upon approval this permit authorizes the applicant to locate, construct, operate and maintain at the above mentioned location , two bituminous surfaced commercial entrances and related improvements as shown on the attached plans which become a part hereof. Tice applicant shall notify John Humenick, Field Engineer, Phone: 630-553-7337 or the District Permit Section, Rhone: 815-434-84307 twenty-four hours in advance of starting any work covered by this permit: Aggregate material shall he obtained from a state approved stockpile and shall be: SUB-EASE GRANULAR MATERIAL TYPE A (GA-6 GRADATION), (SEE THE ATTACHED SPECIAL PROVISIONS) It is Understood that the work authorized by this permit shall be completed within 180 days after the date this permit Is approved, olher rise the permit becomes null and void. This permit is subject to the conditions and restrictions printed on the reverse side of this sheet. This permit is hereby accepted and its provisions agreed to this Day of 20 lAlltt;ogg Signed --. Applicant MaiGng'A-lJdress Malting. Add mn 'Cil}' ^a431e city Stale SIGN AND RETURN TO: Region Engineer 700 East Norris Drive, Ottatra, IL 61350 Approved this day of 20 Department of Transportalion cc Applicant (2) Field Engineer Final Inspeotior. BV: C�pwy Rin:ciCr nl Hlghrs4ay4, Ru;{wn Engim.A First: The Applicant represents all part, ., in interest and shall furnish material, all work, pay all costs, and shall in reasonable length of time restore the damaged portions of the highway to a condition similar or equal to that existing before the commencement of the described work including any seeding or sodding necessary. Second: The proposed work shall be located and constructed to the satisfaction of the Region Engineer or his duly authorized representative. No revisions or additions shall be made; to the proposed work on the rlght-cf-wai/ without the written permission of the Region Engineer. Third: The Applicant shall at all times conduct the work in such a manner as to minimize hazards to vehicular and pedestrian traffic. Traffic controls and work site protection shalt be in accordance with the applicable requirements of Chapter 6 (Traffic Controls for Highway Construction and Maintenance Operations) of the Illinois Manual on Uniform Traffic Control Devices for Streets and Highways and with the traffic control plan if one is required elsewhere in the permit, All signs, barricades, flaggers etc., required for traffic control shall be furnished by the Applicant. The work may be done on any day except Sunday, New Year's Day, Memorial Day, Independence Day, Labor Ray, Thanksgiving Day and Christmas Day. Work shall be done only during daylight hours. Fourth: The work performed by the Applicant is for the bona fide purpose expressed and not for the purp, >c nf, nor will it result In , the parking or servicing of Vehicles on the highway right-of-way. Signs located on or over hanging the right-of-way shall be prohibited. Fifth: The Applicant, his successors or assigns, agrees to hold harmless the State of Illinois and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of this permit, Sixth : The Applicant shall not trim, cut or in any way disturb any trees or shrubbery along the highway without the approval of the Region Engineer or his duly authorized representative. Seventh: The State reserves the right to make such changes, additions , repairs and relocation's within its statutory limits to the facilities constructed under this permit or their appurtenances on the right-of-way as may at any time be considered necessary to permit the relocation, reconstruction, widening or maintaining of the highway and/or provide proper protection to life and property on or adjacent to the State right-of-way. However, in the event this permit is granted to construct, locate, operate and maintain utility facilities on the State right-of- way, the Applicant, upon written request by the Region Engineer, shall perform such alterations or change of location of the facilities, without expense to the State, and should the Applicant fail to make satisfactory arrangements to comply with this request within reasonable time, the State reserves the right to make such alterations or change of location or remove the work, and the Applicant agrees to pay for the cost incurred , Eighth: This permit is effective only insofar as the Department has jurisdiction and does not presume to release the Applicant from compliance with the provisions of any existing statutes or local regulations relating to the construction of such work. Ninth: The Construction of access driveways is subject to the regulations listed in the "Policy on Permits for Access Driveways to State Highways," if, in the future, the land use of property served by an access driveway described and constructed in accordance with this permit changes so as to require a higher driveway type as defined in that policy, the owner shall apply for a new permit and bear the costs for such revisions as may be required to conform to the regulations listed in the policy. Utility installations shall be subject to the "Policy on the Accommodation of Utilities on Right-of-Way of the Illinois State Highway System," Tenth: The Applicant affirms that the property lines shown Dn the attached sheets) are true and correct and binds and obligates himself to perform the operation in accordance with the description and attached sketch and to abide by the policy regulations. SPECIAL PROVISIONS The state right of way shall be left in good condition. (No advertising matter shall be placed on the state right of The petitioner, their successors, or assigns, shall maintain that portion of the driveway on state right of way in such a manner satisfactory to the department, otherwise the department will maintain the shoulders included in the entrance driveways to the flame standard that exists on adjacent shoulders, and if necessary, such areas will be restored to the original cross section and earth shoulders. All turf areas which are disturbed during the course of this work shall be restored to the original line and grade and be promptly seeded in accordance with Standard State Specifications. Whenever any of the work under this permit Involves any obstruction or hazard to the free flow of traffic in the normal traffic lanes, plans for the proposed method of traffic control must be submitted to and approved by the Regional Engineer at least 72 hours, and preferably longer, before the start of work. All traffic control shall be in accordance with the State of Illinois Manual of Uniform Traffic Control Devices and amendments thereof. It should be noted that standards and typical placement of devices shown in the Uniform Manual are minimums. Many locations may require additional or supplemental devices. The petitioner agrees to furnish the necessary barricades , lights, and flagmen for the protection of traffic. Traffic shall be maintained at all times , The applicant agrees to notify Wie• Department of Transportation upon completion of work covered under the terms and conditions of this permit so that a final inspection and acceptance can be made. To avoid any revisions to the work completed under the highway permit, the applicant should insure the conditions and f�,U'ietions of this permit, the applicable supplemental permit specifications and permit drawing are fully understood. If this permit work is contracted out, it will be the responsibility of the applicant to furnish the contractor with a copy or this highway permit, as the applicant will be responsible for the contractors work. A copy of approved permit shall be present on job site at all times the work is in progress, The department reserves the right to reject or accept any contractor hired by the applicant. No person, firm , corporation or institution, public or private, shall discharge or empty any type of sewage, including the effluent from septic tanks or other sewage treatment devices, or any other domestic, commercial or industrial waste, or any putrescible liquids; or cause the same to be discharged or emptied in any manner into open ditches along any public street or highway, or into any drain or drainage structure installed solely for street or highway drainage purposes. A!i escevations shall be promptly backfilled , thoroughly 'tamped and any excess material removed from the state right of way (including rock exposed during backfilling operations), Mounding or crowning of backfill will not be permitted . All material or equipment stored along the highway shall be placed as remote as practical from the edge of pavement in a manner to minimize its being a hazard to errant vehicles or an obstacle to highway maintenance, If material is to be 'stored on the highway right of way for more than two weeks prior to Installation; written approval must be obtained from the department RESOLUTION WHEREAS, the United City of Yorkville is located in the county of Kendall, state of Illinois, wishes to construct two commercial entrances and related improvements along Illinois 47/126 which by law comes under the jurisdiction and control of the Department of Transportation of the state of Illinois, and WHEREAS, a permit from said department is required before said work can be legally undertaken by said United City of Yorkville; now THEREFORE, be It resolved by the United City of Yorkville. county of Kendall, state of Illinois. FIRST; That we do hereby request from the Department of Transportation, state of Illinois , a permit authorizing the United City of Yorkville to proceed with the work herein described and as shown on enclosed detailed plans , SECOND_ Upon completion of the commercial entrances by the developer and acceptance by the city, the Oy nuarantees that all work has been performed in accordance with the conditions of the permit to be granted by the Department of Transportation of the state of Illinois. Further, the city will hold the state of Illinois harmless for any damages that may occur to persons or property during such work. The city will require the developer to obtain a bond and a comprehensive general liability insurance policy in acceptable amounts and will require the developer to add the State of Illinois as an additional insured on both policies. , THIRD: That we hereby state that the proposed world, is not, (delete one) to be performed by the employees of the United City of Yorkville. FOURTH: That the proper officers of the United City of Yorkville are hereby instructed and authorized to sign said permit in behalf of the United City of Yorkville, 1, , hereby certify the above to be a City Clerk true copy of the resolution passed by the City Council of the United City of Yorkville, county of Kendall, State of Illinois. Dated this day A.D. 2006 `��c'LV�ri �"^-'fir•--•1 y*�.�s:?[�`. 'Y (Signature) (CORPORATE(CORPORATE SEAL ) R8SCLUfIONI `QED C/py Reviewed By: Agenda Item Number Legal ❑ O-A ,45 \ � Finance F1 6jQ'o9 esr 1836 . Engineer ;— Tracking Number City Administrator ❑ Consultant ❑ ❑ <CE Agenda Item Summary Memo Title: Aldi's Redevelopment-Revised Traffic Signal Easement Meeting and Date: June 16, 2009 Public Works Committee Synopsis: This revised easement agreement replaces a previous agreement primarily due to comments received from IDOT. 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: ®QED CIP 0 Memorandum EST 1 lass To: Brendan McLaughlin, City Ad ini�tr�t .� From: Joe Wywrot, City Engineer Oa CC: Lisa Pickering, Deputy City Cl r Kathy Orr, City Attorney LE Date: June 9, 2009 Subject: Aldi' s Redevelopment — Revised Traffic Signal Easement Attached find one copy each of a recorded easement and a revised easement for traffic signals at the Aldi driveway on Route 47. The recorded easement was approved by the City Council on April 28, 2009. Afterwards, the easement had to be revised to cover a larger area as required by IDOT. The amended and restated traffic signal easement establishes the larger easement area and cancels the previously recorded easement. Aldi also made some minor revisions to the text of the agreement, and added language regarding the location of the Aldi store sign. The language regarding the sign is acceptable because it only allows Aldi to exempt out a portion of the easement for the sign, and does not allow Aldi to deviate from other city requirements that affect the sign location. I recommend that this amended and restated traffic signal easement agreement be approved. Please place this item on the Public Works Committee agenda of June 16, 2009 for consideration. 4.J. T- .I� HLL'.i.il4 [i: J ; uj[0C 1104 1' Pr$[ be b COVER SHEET FOR RECORDING PURPOSES TRAFFIC SIGNAL EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS : THAT Aldi Inc. , an Illinois corporation ("Grantor"), in consideration of the sum of Ten and 00/100 Dollars ($ 10 .00) and other good and valuable consideration , the receipt of which is hereby acknowledged , does hereby grant, bargain , sell and convey to the United City of Yorkville, a Municipal Corporation , its successors, and assigns (collectively "Grantee"), in consideration of the covenants to be kept and performed by the Grantee herein , certain easements, upon and across certain portions of the tract of land described in Exhibit A (the "Aldi Property"), attached hereto and made a part hereof, and as more particularly depicted in the respective attached exhibits, as more particularly set forth herein : ( 1 ) Detector Loop Easement. Subject to the terms and conditions set forth in this Traffic Signal Easement Agreement, Grantor hereby grants and conveys to Grantee, its successors and assigns, a non-exclusive, perpetual easement and right-of way, to the extent needed in accordance with good construction practices, to enter upon , over, across and through certain portions of the Grantor's property, as more particularly depicted and described as the "Detector Loop Easement" on Exhibit B , attached hereto. Said easement is granted for the sole purposes of installing , operating, and maintaining, at the Grantee's sole cost and expense, and at no cost or expense to Grantor, certain loop detector(s) and/or loop detector systems, as are necessary for the operation of a certain traffic signal at the intersection of State Route 47 and the Aldi Property. Said grant of easement is made under the additional following terms and conditions: The Grantor hereby grants to the Grantee the right of ingress and egress to said Detector Loop Easement Area . The Grantee shall : (1 ) restore the surface of said Detector Loop Easement to the condition thereof existing at the time of entry upon same, including repaving of driveways and parking areas to a depth matching the existing pavement, and shall leave the surface of such easement level and free of all debris, rocks in excess of one inch (1 "), and gravel , and providing a covering of a minimum of six inches (6") of clean , black, fertile top soil and replanting of grass, shrubs and trees whenever disturbed , (2 ) replace all lot lines and property line stakes moved or disrupted in the course of performing working connection with the purpose of which the easement herein is granted (to be completed by a surveyor licensed in the State of Illinois). Further, said Detector Loop Easement shall be ( 1 ) treated as a covenant running with the land , and (2) binding upon the successors , heirs, and assigns of each party hereto . [Signature Page Following] IN WITNESS WHEREOF, the Grantors and Grantee have hereunto set their hands and seals this day of , 2009 . United City of Yorkville, Aldi Inc. a � i u� i I corpo tion an Illin or ti B u�S By: Valerie Burd , Mayor eather Moore, V ce President Milsc wski , Clerk T STATE OF ILLINOIS ) KeNDauw ) COUNTY OF GftTMY ) The foregoing instrument was acknowledged before me this day of MAY , 2009, by Valerie Burd , Mayor of the United City of Yorkville, and Jackie Milschewski, Clerk of the United Chitty of Yorkville, on behalf of said municipal corporation . Notary Public OFFICIAL MAL LISA PI ING NOTARY C • STATE OF ILLINO1e? 'COWASSON EXPIRES:12/13/12 STATE OF ILLINOIS ) COUNTY OF GRUNDY ) The foregoing instrument was acknowledged before me this �O day of 2009 , by Heather M. Moore, Vice President of Aldi Inc. , an Illinois corporation, on behalf of said corporation . No ary Public Prepared b and return t0: OFFICIAL SEAL p y SHERI L. COLEBANK Kayne Law Group NOTARY PUBLIC, STATE OF ILLINOIS Attn : Ryan Crossley AIYCOMMISSIONExPIRES1oa02o12 612 Park Street, Suite 200 Columbus, Ohio 43215 (614) 223-8800 Exhibit A LOT 1 IN HATCHER COMMERCIAL DEVELOPMENT, YORKVILLE , KENDALL COUNTY, ILLINOIS . Exhibit B Page 1 of 2 @ DETECTOR LOOP EASEMENT EXHBIT o z s 582-34'05"E(M&R) 411.97'(M&R) a SCALE 1' = 50' z° ^ nON ^ N - � h0 N Q •'1Mn Wi NZN lam~ �yV G� v� POINT OF BECIN G�4'? 0 NING A x _582.34'05"E P .7 67.60- DE TECTOR L 0 F00 R S EASEMENT oop N_ IN IpN eO.Op5' 082'34.05"W 1°n �p N 471.79'(M 0 o N82 -34'05"W(M&R) Z N LOT HATCHER COMMERCIAL DEVELOPMENT PREPAREOFOR WEAVER BOOS CONSULTANTS DETECTOR LOOP EASEMENT EXHBIT 'MA.M ILLSTAR". SUITS• NAMI "°SMLWEXSGJTXX 100) nr-uu MMRI (00) 717-N50 (FAI HATCHER COMMERCIAL DEVELOPMENT CHICAGO. IL COLUMBUS COLUMBUS Oil SOUTH MAIN ( 1 GRIFFITH.IN DENVER,CO FORT NgRT YORKVILLE. KENDALL COUNTY, ILUNO15 GRnMAJ "F CMV Gnr_ ow7roo ='le oo sHZ REVE%NED BY MOD GPJ:BVJ360V.G Exhibit B Page 2 of 2 e DETECTOR LOOP EASEMENT EXHBIT LEGAL DESCRIPTION a 8 8 F f PART OF LOT 1 IN HATCHER COMMERCIAL DEVELOPMENT, BEING A SUBDIVISION IN THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 1 , SAID LINE ALSO BEING THE EASTERLY RIGHT— OF — WAY LINE OF ILLINOIS ROUTE NO. 47 , SAID POINT BEING 230. 98 FEET SOUTH OF THE NORTHWESTERLY CORNER THEREOF AS MEASURED ALONG SAID WESTERLY LINE; THENCE SOUTH 82 DEGREES 34 MINUTES 05 SECONDS EAST, A DISTANCE OF 61 . 60 FEET; THENCE SOUTH 07 DEGREES 25 MINUTES 55 SECONDS WEST, A DISTANCE OF 24. 00 FEET; THENCE NORTH 82 DEGREES 34 MINUTES 05 SECONDS WEST, A DISTANCE OF 60. 00 FEET TO THE WESTERLY LINE OF SAID LOT 1 ; THENCE ALONG SAID WESTERLY LINE NORTH 03 DEGREES 36 MINUTES 27 SECONDS EAST, A DISTANCE OF 24. 05 FEET TO THE POINT OF BEGINNING, ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. PREPAREOFOR NEA ER BOOS CONSULTANTS DETECTOR LOOP EASEMENT EXHBIT ISO N. MILL nn[O, SUITE 6, M9ufluq&UNION 601M LEGAL DESCRIPTION 6301717.4840 IMWMI I630I 717-4050 (F=NAPERVRLE.IL SPRINGRELG.IL SOUTN BENO. !M1 L I HATCHER COMMERCIAL DEVELOPMENT caiFFIGO IN DEHVEa CO FORT WORTH,Tx YORKVILLE, KENDALL COUNTY, ILLINOIS 'RA' YORKVILLE, OAY'. 0 an)Jg9 AEEVEWE] 3CMD3 G3a9'I3200WG I VAN AMENDED AND RESTATED PERMANENT EASEMENT* *This Amended and Restated Permanent Easement is being recorded to cancel and supersede that certain erroneously filed Traffic Signal Easement Agreement, dated May 7, 2009, and recorded May 14, 2009, as document 200900010975, in the Recorder's Office of Kendall County, Illinois. This Amended and Restated Permanent Easement hereby replaces said Traffic Signal Easement Agreement. KNOW ALL MEN BY THESE PRESENTS: THAT Aldi Inc. , an Illinois corporation ("Grantor"), in consideration of the sum of Ten and 00/100 Dollars ($ 10.00) and other good and valuable consideration , the receipt of which is hereby acknowledged , does hereby grant, bargain , sell and convey to the United City of Yorkville, a Municipal Corporation , its successors, and assigns (collectively "Grantee"), in consideration of the covenants to be kept and performed by the Grantee herein , certain easements, upon and across certain portions of the tract of land described in Exhibit A (the "Aldi Property"), attached hereto and made a part hereof, and as more particularly depicted in the respective attached exhibits, as more particularly set forth herein : (1 ) Traffic Signal Easement. Subject to the terms and conditions set forth in this Traffic Signal Easement Agreement, Grantor hereby grants and conveys to Grantee , its successors and assigns, a non-exclusive, perpetual easement and right-of way, to the extent needed in accordance with good construction practices, to enter upon, over, across and through certain portions of the Grantor's property, as more particularly depicted and described as the "Traffic Signal Easement Area' on Exhibit B , attached hereto. Said easement is granted for the sole purposes of installing , operating , and maintaining, at the Grantee's sole cost and expense, and at no cost or expense to Grantor, traffic signals and appurtenances, as are necessary for the operation of a certain traffic signal at the intersection of State Route 47 and the Aldi Property. Notwithstanding anything to the contrary in this Permanent Easement, Aldi, for itself, its successors, and assigns, hereby reserves and excepts out from the Traffic Signal Easement Area, an area , the size and location of which will be determined at Aldi's sole and reasonable discretion , to, at its cost, install, operate, maintain , replace , and relocate the store sign for the Aldi Property. Said grant of easement is made under the additional following terms and conditions: The Grantor hereby grants to the Grantee the right of ingress and egress to said Traffic Signal Easement Area . The Grantee shall: ( 1 ) restore the Traffic Signal Easement Area to the condition thereof existing at the time of entry upon same, including (i) repaving of driveways and parking areas to a depth matching the existing pavement, (ii) leaving the surface of such easement level and free of all debris, rocks in excess of one inch (1 "), and gravel , (iii) providing a covering of a minimum of six inches (6") of clean , black, fertile top soil and replanting of grass , shrubs and trees whenever disturbed , and (iv) repairing or replacing any improvements on the Aldi Property, whenever disturbed by Grantee's entry upon the Aldi Property, to the condition existing at the time of Grantee's entry upon same, including without limitation the store sign , storm drains and appurtenances on the Aldi Property, (2) replace all lot lines and property line stakes moved or disrupted in the course of performing working connection with the purpose of which the easement herein is granted (to be completed by a surveyor licensed in the State of Illinois). Further, said Traffic Signal Easement Area shall be (1 ) treated as a covenant running with the land , and (2 ) binding upon the successors, heirs , and assigns of each party hereto. IN WITNESS WHEREOF, the Grantors and Grantee have hereunto set their hands and seals this day of 2009 . United City of Yorkville, Aldi In a municipal corporation an III 71 a�i By: By: Valerie Burd , Mayor Reather Moor , Vice President By: Jackie Milschewski , Clerk STATE OF ILLINOIS ) COUNTY OF KENDALL ) The foregoing instrument was acknowledged before me this day of 2009, by Valerie Burd , Mayor of the United City of Yorkville, and Jackie Milschewski , Clerk of the United City of Yorkville, on behalf of said municipal corporation . Notary Public STATE OF ILLINOIS ) COUNTY OF GRUNDY ) The foregoing instrument was acknowledged before me this 4day of U4i:� 1 20095 by Heather M . Moore, Vice President of Aldi Inc. , an Illinois corporation , on behalf of said corporation. =SHERIL, M N to Public BANK F JIM Y Exhibit A LOT 1 IN HATCHER COMMERCIAL DEVELOPMENT, YORKVILLE, KENDALL COUNTY, ILLINOIS . Prepared by and return to: Kayne Law Group Attn: Ryan Crossley 612 Park Street, Suite 200 Columbus, Ohio 43215 (614) 223-8800 Exhibit B Page 1 of 2 TRAFFIC SIGNAL EASEMENT EI®IT 3 � 0 O z s a S82.34'05"E(M&R) F 489,9T(M&R) P � 0 25' S0' T SCALE 1" = 50' z° ^ nom ^ N - y�j � 0 M O n !l ° ZN ti Vl vO�dr y �4 U. GI J \ F S8145'50+E � TRAFFIC SIGNAL �� ii�in EASEMENT A mZ ivM N82 34'03"W i (69 59.90• POINT OF w 3 BEGINNING N ,D � 471.79'(M 0 o N82'34'OS"W(M&R) z0 LOT HATCHER COMMERCIAL DEVELOPMENT PREPAREDFOR WcAl:(M YNOM*In.:T UYOVL EAGEMENTEMOT6 OATERI mE' M.T/N 1004- A 23pn. PLMICO BY:c mpn WEAVE Boos cmIuETMTrI"""""` TRAFFIC SIGNAL EASEMENT EXHIBIT 1913N MRLSTP[ET, smII 1"gryluf nuxaew O (000( >I>A000 (MAIN) IEJBO1].8000 @Il0 NAPERMI JL SFRINOFIELD, B SOUTHBEND.IN 1 I HATCHER COMMERCIAL DEVELOPMENT CKIGW. IL N DENVER. FORT W TH.TI( YORKVILLE, KENDALL COUNTY, ILLINOIS Oii wM RY:CRV DATE:03pL00 in LE:OD SN2_BRES... REME%WDBY:MDB CAD:W17-3 -DM Exhibit B Page 2 of 2 TRAFFIC SIGNAL EASEMENT EXHIBIT LEGAL DESCRIPTION e I s a a THAT PART OF LOT 1 IN HATCHER COMMERCIAL DEVELOPMENT, BEING A SUBDIVISION IN THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN , DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1 , SAID POINT ALSO BEING ON THE CURRENT EASTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE NO. 47 THENCE NORTH 03 DEGREES 36 MINUTES 27 SECONDS EAST, ALONG THE WESTERLY LINE OF SAID LOT 11 A DISTANCE OF 62. 23 FEET; THENCE SOUTH 45 DEGREES 30 MINUTES 48 SECONDS EAST, A DISTANCE OF 32. 83 FEET: THENCE SOUTH 81 DEGREES 45 MINUTES 50 SECONDS EAST, A DISTANCE OF 34. 80 FEET; THENCE SOUTH 03 DEGREES 13 MINUTES 59 SECONDS WEST, A DISTANCE OF 41 . 93 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 1 ; THENCE NORTH 82 DEGREES 34 MINUTES 05 SECONDS WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 59 . 90 FEET TO THE POINT OF BEGINNING, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. PREPARED FOR Lo:.n-:rul •..PKwE:'?:.?f•1 :: r: r: ,•.0: ,G'RWx "', !I) L: CnSUgn q ip ',i.P l . 1gYr'.e. :.l . . ...I , P�iTED Pr a, TRAFFIC SIGNAL EASEMENT EXHIBIT S CO ;:1] IaU x.Yllltlllen, evnell, x.91AGO T17."U MAIM M LEGAL DESCRIPTION NAPERVILLE, IL SPRINGFIELD,IL HATCHER COMMERCIAL DEVELOPMENT GRIFFITH IN COENVER CON A YORKVILLE, KENDALL COUNT', ILLINOIS DRAWN BY:CPN DATE:SBIB2,DG ES... REVIEYrED BY:MOB CPDDB110% M % C1T� Reviewed By: Agenda Item 1Number J= T Legal ❑ ��g I Finance El EST. , l� 7836 Engineer XY '"1oa Tracking Number City Administrator ❑ Consultant ❑❑ P.V �Ooq, v� Agenda Item Summary Memo Title: Game Farm/Somonauk Street Project—Professional Services for ROW and Easement Acquisition Meeting and Date: June 16, 2009 Public Works Committee Synopsis: Recommend approval of proposal from Jay M. Heap &Associates, Ltd. in the amount of$85,000 and MFT appropriation resolution in the amount of$42,500. 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: A 0 Memorandum efir. , 1836 To: Brendan McLaughlin, City dmin�st'aa From: Joe Wywrot, City Engineer 9 p CC: Lisa Pickering, Deputy City rk Sue Mika, Finance Director 4E ��v Date: June 11, 2009 Subject: Game Farm/Somonauk Street—Professional Services for ROW and Easement Acquisition Attached find two proposals from consultants to perform appraisal,review appraisal, and negotiation services for our Game Farm Road/Somonauk Street project. This project involves right-of-way and/or easement acquisition for 33 parcels of land. Both firms are approved by IDOT for these services,but we have an existing relationship with Jay M. Heap & Associates, Ltd. Their proposal also happens to be significantly lower than Matthewson,therefore I recommend that we accept the proposal of Jay M. Heap &Associates, Ltd. in the amount of $85,000.00. This work is funded 50%through the Kane/Kendall Council of Mayors. Also attached find an MFT appropriation resolution in the amount of$42,500.00 to pay for the city's share of the cost. To expedite the acquisition process, we will move individual parcels along as the appraisals are completed, and not wait for all appraisals to be completed before moving on to the next step. IDOT requires that all parcels be certified as acquired by early December in order for the construction project to make the January 2010 IDOT letting. While it is possible to meet this timeframe, it is also possible that extended negotiations with one or more property owners may delay the letting date. If the letting date gets pushed back too far,we will need to decide whether or not to reschedule construction for the following calendar year. We also need to be aware that there is funding cap of about $2,500,000 federal dollars available for this project. The total estimated cost exceeds $5,000,000 therefore we will need to borrow to pay for our share of the cost. This may also be a factor in deciding whether we will construct this project next year. Please place this item on the June 16, 2009 Public Works Committee agenda for consideration. 111aIOIS ttfllPJlt Resolution for Improvement by Municipality Under the Illinois . 't1 n p01t tOfl Highway Code BE IT RESOLVED, by the City Council of the Council or President and Board of Trustees United City of Yorkville Illinois City, Town or Village that the following described street(s) be improved under the Illinois Highway Code: Name of Thoroughfare Route From To Game Farm Road US Route 34 Somonauk St. Somonauk Street Game Farm Road Colton St. BE IT FURTHER RESOLVED, 1 . That the proposed improvement shall consist of appraisal, review appraisal, and negotiator services for right-of-way and easement acquisition. and shall be constructed N/A wide and be designated as Section 03-00031 -00-FP 2. That there is hereby appropriated the (additional ® Yes 0 No) sum of forty-two thousand, five hundred and 00/100--------------------------------------------------------------- Dollars ( $42,500.00 ) 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. Authorized MFT Expenditure 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 June 23, 2009 Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of Regional Engineer (SEAL) City, Town, or Village Clerk Page 1 of 1 BLR 09111 (Rev. 7/05) Printed on 6111/2009 7:51 :02 AM JAY M . HEAP & ASSOCIATES , LTD REAL ESTATE APPRAISERS & CONSULTANTS 310 W. JEFFERSON ST. , MORRIS , IL 60450 Phone: (815) 942-2320 - Fax: (815) 942-2642 June 1 , 2009 Mr. Joseph Wywrot City Engineer United City of Yorkville 800 Game Farm Road Yorkville, II . 60560 Re: Appraisal Proposal for Game Farm Road/Somonauk Street Appraisal/Negotiation Services Dear Mr. Wywrot: Pursuant to your written request, I have arrived at a fee proposal for preparing market value appraisals, appraisal reviews , negotiations and waivers of real estate for the above referenced project. The effective date of value will be the date of inspection, unless otherwise specified. We reserve the right to change the type of reports proposed if after contacting the owner, completing the necessary analysis or changes in engineering occurs that could impact on values for the part taken, temporary easements or permanent easements. Any report type changes would require approval in format and any fee increases or decreases by both the United City of Yorkville and Jay M . Heap & Associates, Ltd . The estimated total cost of this project is ($85, 000) Eight Five Thousand Dollars, subject to being supplied premise plats, preliminary title work and other items required to complete this assignment. Based upon the data received , we would be happy to discuss our proposal in greater detail, if necessary. The appraisals will be prepared in compliance with the Uniform Standards of Professional Appraisal Practice (USPAP) as promulgated by the Appraisal Foundation , the Illinois Department of Transportation and in conformance with the Standards of Professional Practice and the Code of Ethics of the Appraisal Institute. It is our understanding that the United City of Yorkville will receive one original and one copy of our report and our office will not communicate any part of our analysis or findings to any other parties without first receiving written authorization from you as our client. Furthermore , by agreeing to the terms of this proposal , the United City of Yorkville acknowledges its obligation to pay all invoices within 30 days of receipt. Mr. Joseph Wywrot June 1 , 2009 Page 2 The anticipated time frame for completion of this assignment would be determined at the time of engagement and receipt of all documents from the United City of Yorkville or its representatives but would be estimated not to exceed 150 days (October 30, 2009) to complete all appraisals and reviews. It is also necessary to quote you our hourly rate should any part of this project involve any special meetings, depositions, pre-trial conferences, court appearances , etc. They are all billed at $ 250 per hour or fractional part thereof for the appraiser, reviewer and negotiator. Thank you for the opportunity to submit this proposal to you . If you accept the terms of this proposal, please indicate so by signing below and returning to our office by registered mail. Sincerely, JAY HE P & ASSOCIATES , LTD . J y e p President I tate Ce ified/General No. : IL 553.000212 Expires: 09-30-09 Terms Accepted by: Name Title Dated : PARCEL # NAME TAKE TE PE A FEE R FEE W FEE N FEE GF015 David B. & Joni L. Angle Yes Yes No $ 1,500 $750 N/A $1,500 GF016 Parkview Foundation No Yes No N/A N/A $500 $500 GF017 Robert J . & Ann J. McNelis Yes No No $1,500 $750 N/A $1,500 GF018 Michael L. & Katherine A. Heiman Yes No No N/A N/A $500 $500 GF019 Christopher L. & Kimberly L. Sullivan Yes No No N/A N/A $500 $500 GA020 Bristol-Kendall Joint Cemetery Association Yes Yes No $1,500 $750 N/A $17500 GA021 Diane J. Conover Yes No No $1,500 $750 N/A $ 1,500 GA022 Diane J. Conover Yes No No $1,500 $750 N/A $1,500 GA023 Delores C. Lies, Gail C. Fisher, Gary L. & Diane Conover Yes Yes No $1,500 $750 N/A $1,500 GA024 Harvey A. & Margaret E. Knell Yes No No $1,500 $750 N/A $1,500 GA025 Harvey A. & Margaret E. Knell Yes No No N/A N/A $500 $500 GA026 Brian D. & Kimberly E. Morris Yes No No $1,500 $750 N/A $ 1,500 GA027 Herbert E. & Pamela A. Kleinwachter Yes No No $ 1,500 $750 N/A $ 1,500 GA028 Rainier & Melissa D. Galliano & Carole L. Studer Yes No No $1,500 $750 N/A $ 1,500 PARCEL # NAME TAKE TE PE A FEE R FEE W FEE N FEE GF001-TE Mark J. Hight No Yes No N/A N/A $500 $500 GF002-TE Ross & Elizabeth Wheeler No Yes No N/A N/A $500 $500 GF003-TE Robert E. Aters, Jr. & Misty Hyde No Yes No N/A N/A $500 $500 GF004 Jack L. Buckner Yes No No $1500 $750 N/A $1,500 GF005 Sandy L. Judd & Bruce R. Steinke Yes No No $1,500 $750 N/A $ 1,500 GF006 Arlene Reinholdt Yes No No $1,500 $750 N/A $1,500 GF007 Greg Millen No Yes No N/A N/A $500 $500 GF008 Jay R. & Barbara Ann McCoy No Yes No N/A N/A $500 $500 GF009 Howard A & Joyce E. Johnson Yes No No $1,500 $750 N/A $1,500 GF010 Robert Loftus Yes No No $1,500 $750 N/A $1,500 GF011 Yorkville Community School District #115 Yes No No N/A N/A $500 $500 GF012 Bonnie A. Hausler No Yes No N/A N/A $500 $500 GF013 Edward & Brenda G. Minick No Yes No N/A N/A $500 $500 GF014 Teresa R. Berard No Yes No N/A N/A $500 $500 PARCEL # NAME TAKE TE PE A FEE R FEE W FEE N FEE GA029 Martha L. Witt No Yes No N/A N/A $500 $500 GA030 Martha L. Witt No Yes No N/A N/A $500 $500 GA031 Gary L. Kritzbert Yes Yes No $1,500 $750 N/A $1,500 GA032 Gary L. & Susan Kritzberg Yes No No $1,500 $750 N/A $1,500 GA033 Elite Yorkville, LLC Yes Yes No $2,500 $1,250 N/A $2,500 $28,000 $14,000 $7,500 $35,500 $85,000 TAKE - LAND & IMPROVEMENTS ACQUIRED TE - TEMPORARY EASEMENT PE - PERMANENT EASEMENT A - APPRAISAL FEE R - REVIEW FEE W - WAIVER FEE N - NEGOTIATION FEE MATHEWSON RIGHT OF WAY PROPOSAL FOR RIGHT OF WAY CONSULTING SERVICES THE UNITED CITY OF YORKVILLE 1 . Proposal of Mathewson Right of Way Company whose address is 30 North LaSalle Street, Suite 1726 , Chicago , Illinois 60602 hereinafter referred to as "MROWCO" for the furnishing to the United City of Yorkville , hereinafter referred to as "YORKVILLE," certain right of way consulting services for the acquisition of right of way for the Game Farm Road/Somonauk Street Project. 2. Negotiation services called for in this proposal will be conducted personally by the following named individual or individuals whose qualifications have been approved by the Illinois Department of Transportation: Mark D. Mathewson, Michael J. Martin, and Jack E. Petersen. 3 . Said Negotiation Services shall be furnished by MROWCO on thirty-two (32) parcels* at the rate of $2,000 .00 per parcel in accordance with the Negotiation Section 3 .00 and Acquisition Section 4.00 of the Land Acquisition Policies and Procedures Manual of the Illinois Department of Transportation. The above parcel fee shall include all transportation, food, lodging , telephone , or any other operating expenses incurred by MROWCO in the performance of said services as herein set forth, excepting for those services set forth in Paragraph 10 . (*) Each parcel shall consist of one or more basic parcels of land required as fight of way for transportation purposes to be acquired in fee simple title, permanent easement or temporary construction easement, as deemed necessary for uses incidental to construction of the transportation facilities. • Mathewson Right of Way Company shall engage an Illinois Licensed Appraiser to prepare an Appraisal Waiver on fifteen ( 15) parcels in accordance with all relevant IDOT policies and procedures. These services shall be performed at the rate of $750 .00 per parcel. • Mathewson Right of Way Company shall engage an Illinois Licensed Appraiser to prepare an Appraisal Report on seventeen ( 17) parcels in accordance with all relevant IDOT policies and procedures . These services shall be performed at the rate of $ 1 ,800.00 per parcel. • Mathewson Right of Way Company shall engage an Illinois Licensed Appraiser to provide Appraisal Review Services on seventeen ( 17) parcels in accordance with all relevant IDOT policies and procedures . These services shall be performed at the rate of $600 .00 per parcel . • The sum total fees for all services shall not exceed $ 116,050.00 . Yorkville — Game Farm Rd / Somonauk St Contract Proposal Page 1 of 7 4. YORKVILLE will furnish MROWCO with preliminary construction plans identifying required property. YORKVILLE will furnish title reports or evidence of ostensible ownership, plat of highways or parcel plats , and legal descriptions for each parcel. It is understood and agreed that YORKVILLE shall be considered to be the sole owner of all plats , legal descriptions , ownership and occupancy records, forms of deeds and easements , title reports , and any and all other material furnished, prepared or obtained by MROWCO during the course of providing its services for each parcel assigned. Upon termination of this contract for any cause or upon completion of the acquisition of each parcel or upon request of YORKVILLE when acquisition is determined to be by condemnation proceedings , MROWCO ' S parcel file shall be returned to YORKVILLE. MROWCO'S parcel files shall be available for inspection or review of its contents by YORKVILLE, State or Federal Highway Administration personnel at any time. 5 . MROWCO shall provide a copy of an Appraisal Waiver or an Appraisal Report and Appraisal Review Certification of each parcel to be submitted to YORKVILLE for approval. 6 . Where the acquisition of a parcel involves the unlikely displacement of an owner or tenant occupant from a residence or any personal property thereof, MROWCO shall notify YORKVILLE no less than five (5) days prior to the intended date of initiation of negotiation for the parcel in order to coordinate the offering of relocation assistance and any payments to each displaced owner-occupant simultaneously with initiation of negotiations and to each displaced tenant-occupant within seven (7) days following initiation of negotiations for the parcel. 7 . MROWCO shall make every reasonable effort to negotiate settlements for the acquisition of each parcel based on the approved appraisal amount or an administrative settlement amount approved by YORKVILLE. Upon closing each acquisition, MROWCO shall obtain and furnish YORKVILLE with curative documents necessary to satisfy any and all title objections or unrecorded interests in said parcel, (excepting that YORKVILLE shall obtain all subordinations of utility easements) sufficient for approval of title by YORKVILLE and/or the YORKVILLE Attorney as required for YORKVILLE' S request for warrants in payment for each acquired parcel. 8 . Pursuant to paragraph 3 .05-9 of the Negotiations Chapter of the Land Acquisition Policies and Procedures Manual, no offers in excess of the approved appraisal amount shall be made by MROWCO without prior written approval of YORKVILLE. 9 . In the event MROWCO , after having made every reasonable effort to negotiate with the owner of a parcel , is unable to obtain a settlement on the approved appraisal amount, MROWCO shall prepare and submit a written report summarizing the progress of negotiations to date together with a copy of MROWCO' S Negotiator's Report completed to date with the names and addresses of all interested parties . MROWCO'S Negotiator' s Report shall also include its recommendation for further procedure towards Yorkville — Game Farm Rd / Somonauk St Contract Proposal Page 2 of 7 acquiring the parcel . YORKVILLE may elect to prepare and forward a Final Offer letter (with copy to MROWCO) to the owner of the parcel and thereafter request assignment of a Special Assistant Attorney General (or the City Attorney) to proceed with preparation of a condemnation petition. In any case, YORKVILLE reserves the right to require MROWCO to make additional negotiation contacts with the parcel owner up until the actual date of filing a petition to condemn the parcel . 10 . It is understood that appearances in court and pretrial conferences may be required in relation to the negotiation services called for herein and it is agreed that such appearance or appearances shall be made upon request of YORKVILLE or itS trial counsel. In event of such services being requested, they will be provided as follows: (a) Rate each half day or fraction thereof for time spent in pretrial conference $800.00 . (b) Rate each half day or fraction thereof for time spent in court $800 .00 . 11 . MROWCO will not furnish a copy of any appraisal or the findings of results contained therein to any person or agency other than the property owner, unless authorized by YORKVILLE or upon court order. 12 . Invoices for services will be submitted through the United City of Yorkville and will show the route, construction section, county, job number, project number, and parcel number or numbers . Invoices for services in connection with pretrial conferences and court testimony will show the items listed above and in addition, will include a statement of the nature of services performed and amount of time thereon . A progress report showing status of all active assigned parcels shall be supplied upon request. 13 . MROWCO warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for him, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for it, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the contract. For breach or violation of this warrant, YORKVILLE shall have the right to annul this contract without liability. 14 . MROWCO hereby certifies that if any conflict of interest arises in any of the parcels subsequently assigned to it, it will immediately inform YORKVILLE accepting this proposal and return all material furnished to it for reassignment to others . 15 . Any dispute concerning a question of fact arising under this proposal shall be decided by YORKVILLE accepting this proposal and such decision shall be final and conclusive . Yorkville — Game Farm Rd / Somonauk St Contract Proposal Page 3 of 7 16. Changes in the work to be performed under this proposal may be made at any time in writing by YORKVILLE. If such changes justify an increase or decrease in the per parcel rate set forth herein , an equitable adjustment shall be made and this contract shall be modified accordingly. Documentation which is considered inadequate will be augmented and errors will be corrected upon request without additional cost. 17 . YORKVILLE may terminate this proposal at any time for any cause by a notice in writing to MROWCO. In the event of such termination , payment will be made to MROWCO for the services which have been completed. Parcel negotiations in the process of completion shall be compensated for on an equitable basis and all incomplete parcel data collected in connection with them shall be turned over and become the property of YORKVILLE; provided, however, that should this proposal be terminated solely because the progress or quality of work is unsatisfactory as determined by YORKVILLE accepting this proposal , then no payment will be made or demanded by MROWCO for any negotiation services which have not been completed and delivered to YORKVILLE prior to the date of said termination . 18 . MROWCO will save harmless YORKVILLE from all claims and liability due to activities of itself, its agents , and its employees and will comply with all Federal, State, and local laws and ordinances . 19 . MROWCO agrees that this contract or any part thereof will not be sublet or transferred without the written consent of YORKVILLE accepting this proposal . 20 . In the event this proposal is accepted, it shall constitute a contract as of the date it is approved by YORKVILLE or its authorized representative and shall be binding on MROWCO , its executors, administrators , successors or assigns , as may be applicable. 21 . The undersigned in making the certifications required by this proposal in paragraphs 22 through 31 is making these certifications on behalf of the contracting entity and its officers and each individual authorized to do work for the Illinois Department of Transportation under this proposal. 22. It is understood and agreed that Appendices A and B shall be a part of this contract and MROWCO agrees to be bound by the terms and provisions contained herein. 23 . MROWCO certifies that it has not been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois nor that he has made admission of guilt of such conduct which is a matter of record, nor has any official, officer, agent, or employee of this company been so convicted nor made such an admission. The firm certifies that it has not been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois , nor has the firm made an admission of guilt Yorkville - Game Farm Rd / Somonauk St Contract Proposal Page 4 of 7 of such conduct which is a matter of record, nor has an official, agent, or employee of the firm committed bribery or attempted bribery on behalf of the firm and pursuant to the direction or authorization of a responsible official of the firm. 24. MROWCO under penalties of perjury, certifies that 20-3870734 is its correct Federal Taxpayer Identification number. It is doing business as a: _ Individual _ Real Estate Agent _ Sole Proprietorship _ Governmental Entity _ Partnership _ Tax Exempt Organization (IRS 501 (a) only) X Corporation _ Trust or Estate _ Not-for-Profit Corporation _ Medical and Health Care Services Provider Corporation 25 . MROWCO , under penalty or perjury under the laws of the United States , certifies that, except as noted below, the company or any person associated therewith in the capacity of owner, partner, director, officer, principal investigator, project director, manager, auditor, or any position involving the administration of federal funds: • is not currently under suspension, debarment, voluntary exclusion , or determination of ineligibility by any federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years ; • does not have a proposed debarment pending; and • has not been indicted, convicted, or the subject of a civil judgment by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years . (INSERT EXCEPTIONS) None Yorkville — Game Farm Rd / Somonauk St Contract Proposal Page 5 of 7 26. MROWCO under penalties of perjury, certifies that as in accordance with Section 11 . 1 of the Illinois Purchasing Act, no person who is entitled to receive individually more than 7 1/2 percent of the total distributable income of the organization or together with their spouse or minor child more than 15 percent of the total distributable income of the organization is (i) an elected State official, a member of the General Assembly, an appointed office, a State or County employee; (ii) an officer or employee of the Illinois Toll Highway Authority or the Illinois Building Authority; or (iii) a spouse or minor child of any such enumerated person. Type of Ownership X Corporation _ Non-Incorporated Individual _ Partnership Other (Please specify) 27 . MROWCO certifies that it is not in default on an educational loan as provided in Public Act 85-827 . 28 . MROWCO certifies that it is not barred from bidding on State of Illinois contracts because of violations of state law regarding bid rigging or rotating (P A 85- 1295) , Illinois Revised Statutes 1987 Supp., Ch. 38 , Par. 33E-3 and 33E-4 . 29 . MROWCO certifies that it will not engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of this contract, or if a corporation, partnership, or other entity with 25 or more employees , have completed and signed a "DRUG-FREE WORKPLACE CERTIFICATION." 30. MROWCO agrees by signing this proposal to the provisions as written. This proposal shall be governed by the laws of the State of Illinois . 31 . MROWCO shall maintain, for a minimum of five years after the completion of the contract, adequate books , records , and supporting documents to verify the amount, 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 contractor agrees to cooperate fully with any audit conducted by the Auditor General 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 or the County for the recovery of any funds paid by the State or the County under the contract for which adequate books , records, and supporting documentation are not available to support their purported disbursement. Yorkville - Game Farm Rd / Somonauk St Contract Proposal Page 6 of 7 Submitted this 2"d day of June, 2009 . MATHE ON IGHT OF WAY COMPANY By: Mark . Mathewson President Accepted this day of 12009 . THE UNITED CITY OF YORKVILLE By: Printed Name & Title Yorkville - Game Farm Rd / Somonauk St Contract Proposal Page 7 of 7 `,SOD C/)� Reviewed By: Agenda Item Number J� f 0 Legal ❑ ti a a Finance ❑ EST. 1 l� 1836 Engineer Tracking Number {O I� v1 City Administrator F] Consultant ❑ 'P W 9-or-A - 59 te ❑ Agenda Item Summary Memo Title: Kendallwood Estates—Benjamin Street Paving &Landscaping Meeting and Date: June 16, 2009 Public Works Committee Synopsis: Proposals have been received to pave and landscape the entrance road to the Kendallwood Estates development, to be funded by others. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approve proposals from Aurora Blacktop and Green Scene, subject to receipt of funding in the amount of$30,000 from the developer or from the letters of credit. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: 4�e pA Memorandum EST. , 1836 To: Brendan McLaughlin, City Nministrato O L From: Joe Wywrot, City EngineerU CC: Lisa Pickering, Deputy CityqgTk 000000 <LE Date: June 11, 2009 Subject: Kendallwood Estates—Benjamin Street Paving& Landscaping Currently the only entrance to the Kendallwood Estates development is off Van Emmon Road. The entrance roadway is called Benjamin Street. While most of Benjamin Street is paved, the first 140 feet south of Van Emmon is not, and the parkways along this road from Van Emmon to the top of the hill (about 500 feet) are severely eroded. Sections of curb have been undermined by the erosion, and mud has contaminated the aggregate roadway base. On May 15, 2009, we instructed the developer to repair the roadway, pave the binder course, and provide temporary landscaping along the parkways by June 30, 2009. 1 have spoken to Mr. Tomasik and he acknowledged that we have requested this work, although he did not indicate if he would or could comply. Consequently,I have requested proposals from three roadway contractors and three landscape contractors to have this work performed. I have received the following proposals: Roadwav Aurora Blacktop, Inc. $13,141.00 1065 Surd Ave. Montgomery, Illinois 60538 Kendall County Blacktop, Inc. $14,648.00 P.O. Box 91 Plano, Illinois 60545 Orange Crush, LLC $17,000.00 321 Center Street Hillside, Illinois 60162 Landscaping Green Scene Landscaping & Lawn Care $ 6,633.19 3515 Stern Ave. St. Charles, Illinois 60174 DK Landscape&Design $ 8,990.00 4220 Steam Mill Ct. Oswego, Illinois 60543 Yorkville Hill Landscaping Inc. $ 9,877.50 8591 Route 126 Yorkville, Illinois 60560 Based on the results of the proposals, I recommend that Aurora Blacktop be awarded the roadway work for the estimated amount of $13,141 .00, and that Green Scene Landscaping & Lawn Care be awarded the landscaping work for the estimated amount of $6,633 . 19. This is work that should be performed by the developer. I recommend that if the developer does not perform or otherwise fund the work by June 30, 2009, that the City Council authorize the City Clerk to call Castle Bank Letter of Credit No. 3000221071 -901 in the amount of $20,000.00 for roadway work, and Castle Bank Letter of Credit No. 3000221071 -900 in the amount of $ 10,000.00 for landscaping work. Any funds remaining after the work is completed would be returned to Castle Bank. Please place this item on the Public Works Committee agenda of June 16, 2009 for consideration. `�fpD C/py Reviewed By: Agenda Item Number J2 T Legal ❑ iaai EST.. El es o 1 Engineer g Tracking Number City Administrator LJ Consultant ❑ � a _ ! .,� ❑ lU Agenda Item Summary Memo Title: Fox Hill Unit 7—Stormwater Basins Meeting and Date: June 16, 2009 Public Works Committee Synopsis: Summary of the remaining punchlist items for Fox Hill Unit 7. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: None Council Action Requested: Direction regarding future action. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Memorandum Esr. 1836 To: Brendan McLaughlin, City -� � � � � From: Joe Wywrot,City Engineer �;P �p CC: Lisa Pickering,Deputy City Fk <<E Date: June 10,2009 Subject: Fox Hill Unit 7—Stormwater Basins The residential component of Fox Hill Unit 7 has two stormwater basins. Please refer to the attachments. These are naturalized basins to help clean stormwater before discharging to Rob Roy Creek.Unit 7 was accepted by the City on February 26, 2008,but a few issues remained and a letter of credit in the amount of$41,443.05 is currently in place to guarantee completion of those items. Those issues were public sidewalk,removal of a dirt stockpile, and landscaping. The developer has completed the sidewalk, and is planning to remove the dirt stockpile near the creek soon. Laura Haake has performed a review of parkway and buffer landscaping and I forwarded that to the developer. The landscaping of the basins has been an issue since at least 2007. See the attached correspondence. The developer has not hired a wetland consultant to monitor and tend the basin for the required 3-year period. The bottom of the basin is covered with a combination of live and dead plants that tend to act like a sponge and retain water. The builder of the townhomes in Unit 7 has called complaining about the appearance of the basins. We have again forwarded information to the developer about the need to hire a wetland consultant to bring the basins into compliance with the landscape plan. Please place this item on the Public Works Committee agenda of June 16,2009 for discussion. I 1 I _ LOT 12 1 I J I � 1. ( I li 4b I LOT 16 I LOT I J1 1 I II � h � \ � l cxrsnec coxioures I or I I ICI L 1 _ I LOT 8 OT I O /ff allWPLAIN - IQ 1 25 116 o W l LOT 7 ' LOT 2 �FXISPNG — _— _ - � i I LOT 3 / I I I I i iI12 LOT F J I I I II 1 to I 14ar{.Q ��SfM \ J � • 3 19�I tI i 1 y L. t�• t 4 ' ss� �7s:=n-'3`L.fg►�� Ita .F m,`,-C�i6.�'t 3Y'.r w�.��' v V S/ rJ ^ .'ll ''y°E ,��'S' y-�r!�. �]i1�^��'1��1•{_.�sh4�r �"S ..� • � _ E 5k h�T. "��..Ir'�E'ak f(\�c/�a�`r$R.Lf��1 ��,,. � (y ! f . .�^'.f " ^t�`>�•r�l I' �, �,'�. �i�(y�''pl�u.: ' '� �'ayp' i_ _ �'� " + -I,a 'i' IRK- TFrr t ! 1 Qr l6Y �•.. x W. � M ..'- 1 <,a,,. 1 'L a �!S1 t{f. 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M 1V � .?r -q rt';1 V i. - 1 � •. e, I ♦ � � - 1 •f 'It rXi i, '(00"'° C'''r Memorandum J ��u ®m E57: d7� 7 k To: Jennifer Fischer, Engineering Administrative Assistant From: Laura Haake, City Park Designer 0 �� y CC: Joe Wywrot, City Engineer O Date: October 17, 2007 Subject: Fox Hill Unit V, Pond H Detention Basin Evaluation The Fox Hill Subdivision, Unit V, Pond II evaluation completed by JFNew in June of 2007 provides sufficient evidence that the basin does not meet standard development requirements. Although the basin bottom is well established, the basin slopes should be properly managed with removal of the Canada thistle, quack grass, and establishment of a stabilized native vegetative slope, not a turfgrass slope. Current methods show that the slope has been mowed to the wet edge. This is not correct establishment or management techniques and only 5% of the existing species are native. At this time Staff does not recommend approval of the site or release from the warranty. Proper management should remove invasive species, establish native species, and a full report should be submitted each year until basic standards are met. cfr, Memorandum EST, 1 : 1336 To: Jennifer Fischer, Engineering Administrative Assistant From: Laura Haake, City Park Designer CC: Joe Wywrot, City Engineer Travis Miller, Community Development Director Date: December 10, 2007 Subject: Fox Hill Unit VII Basin Landscape Review The approved landscape plans dated July 25, 2004 by Ives/Ryan Group, Inc., for Fox Hill Unit VII state that the native plant mixes will be maintained by the installing contractor for three (3) years for all native prairie pond banks and native pond bottoms. The 1St through 3"' growing maintenance guidelines are outlined on sheet L-2. Under the title "Native Mix Acceptance and Guarantee" states the following: "The Contractor shall be responsible for the satisfactory growth ofpermanent species of grasses, forbs, rushes, reeds and sedges on all areas seeded and/or planted under the Contract until final acceptance of the work. The Contractor shall provide an expert inspector (e.g. seed source vendor) to conduct an inspection of the native planting areas during the P and 2"d growing seasons and provide the Village and or Owner with a written assessment by January 31sT of the following year of the establishment progress and any remedial action taken or proposed. A more detailed inspection shall be conducted at the end of the 3' d growing season for purposes of Final Acceptance. A written report at this inspection shall also be provided to Village and/or Owner by Jan. 31st of the following year. Acceptance of the work will be determined using a time meander search. The time meander search shall be conducted at the end of the third fill growing season after seeding and/or plantings (not to exceed thirty-six [36] months). The search will sample 20% of each plant community that was seeded and/or planted are alive and apparent and the sample area has 80% ground cover of those permanent species, the work will be approved. If not accepted, the Contractor will replant, to fitlfrll Contract responsibility, at no cost to the owner. " If the plant mixes were planted in 2005 as shown in invoices provided to the City, then reports should have been submitted in 2006, 2007, and finally in 2008 following each growing season. To this date the City has not received any reports or copies of reports requested from the owners. Staff cannot give approval until a report on the plant material and quality is reviewed. If these reports have never been completed, and ongoing maintenance, other than re-seeding has not occurred, the meander search shall be conducted after May of 2008 by a licensed professional and official reports shall be submitted to the City. If the plant community has not reached the standards in the aforementioned paragraph, then continued maintenance will be required until standards have been met. Proper documentation and reports must be provided to show the site has been maintained in accordance with the submitted and approved plans. Only upon receipt and review of such documents to verify that such standards have been met can Staff give approval. 2`�ED clT o _ United City of Yorkville 9 � B36 County Seat of Kendall County 800 Game Farm Road 9F �� Yorkville, Illinois, 60560 <LE % Telephone: 630-553-4350 Fax: 630-553-7575 Website: www.vorkville. il . us March 7, 2008 Mr. Paul Dresden DCI Charrington, Inc. P.O. Box 790 Mokena, Illinois 60448 Re: Fox Hill (Unit 7) - Final Acceptance Old Second Bank LOC #2942 Dear Mr. Dresden: At their meeting on February 26, 2008, the Yorkville City Council accepted for ownership and maintenance of all public improvements for the referenced development. Corresponding to acceptance, a reduction to Old Second Bank Letter of Credit No. 2942 was also approved in the amount of $ 181 ,235 .37. The remaining amount of the letter of credit is $53 ,067. 13 . This letter of credit shall remain in effect until the following punchlist items are satisfactorily completed: • Completion of sidewalks. • Removal of a dirt stockpile near Rob Roy Creek. • Successful completion of landscaping, primarily in the stormwater basins, and completion of the three year monitoring period for the basins. The city policy regarding Fox Hill is that the normal one year warranty period is waived. This policy is based on verbal commitments made many years ago, and was formalized in a letter to you in 1999. If you have any questions concerning this matter, please call me at (630) 553-8527. Very truly yours, Joseph Wywrot City Engineer cc: Brendan McLaughlin, City Administrator Eric Dhuse, Director of Public Works `CEO C/py Memorandum �? Al EST. 1 1836 To: Paul Dresden From: Laura Haake, City Park Designer p CC: Joe Wywrot, City Engineer Travis Miller, Community Development Director George Haviar Date: April 29, 2008 Subject: Fox Hill Unit VII Basin Follow Up Paul, As a reminder, the City is expecting a professional report on the existing plant material at the Fox Hill Unit VII basins after May of 2008. This report is required to fulfill the lack of supplemental material (2005-2008 reports) on the installation and maintenance of the naturalized stoimwater basins. Staff requests that the report be received prior to June 30, 2008. Please be sure to include the plant material, listed in both scientific and common names, and the full report gathered from the meander search. The City expects the approved landscape plan specifications to be met. These specifications are outlined on sheet L-2 on the approved plans dated July 25, 2004. Please feel free to contact me with any questions at 630.553 .8574 or Ihaake(cbyorkville.il.us. Thank you, Laura `,�tiv crrr, �2 Memorandum Ear. , lass To: Brendan McLaughlin, City Administrator O ~ From : Joe Wywrot, City Engineer �� ' p CC: Laura Haake, City Park Designer <LE Date: January 26, 2009 Subject: Fox Hill Unit 7 — Meeting Minutes A meeting was held on January 26, 2009 at l Oam at Yorkville City Hall to discuss punchlist items for Fox Hill Unit 7. Present were Paul Dresden, Laura Haake, and Joe Wywrot. The following summarizes the discussions during the meeting. Paul asked about the Sycamore trees (which is a prohibited tree) that the city claims were planted in the public right-of-way. The tree nursery said that Sycamore trees were not planted. Joe said that it appears that some Sycamore trees were planted because the bark on some of the trees looks like Sycamore. We will know for sure in the spring when the trees leaf out. Paul will fax the information to us that he got from the nursery. The bulk of the meeting was about the stormwater basin landscaping. Paul said that his landscaper was under contract to landscape the basin, but not to monitor it. Laura said that Paul needs to hire a wetland consultant to monitor the progress of the basin and tend the basin to help the approved landscaping become established. Paul said that Travis Miller had referred Paul to the stormwater basins in Grande Reserve for examples of what the Fox Hill Unit 7 basin should look like. The Grande Reserve basins, however, have low-flow channels that keep the majority of the basin bottom dry. The Fox Hill Unit 7 basin does not have low-flow channels, and the bottom is very soggy. Laura said that there are other basins in Grande Reserve that don't have low-flow channels. Joe said that Travis' intent was probably just to show Paul what a dry-bottom naturalized basin looks like. Laura said that all basins are unique, and there may not be another basin in Yorkville that is exactly like the basin that is supposed to exist in Fox Hill Unit 7. Paul said that he has mowed the basin embankment slopes and also removed debris and invasive plants from the pond. If the wetland consultant evaluations indicate that the approved landscaping is not likely to become established, then a mutually agreeable revised landscape plan would need to be prepared. Paul will contact Encap and Ives Ryan to obtain proposals from them for basin monitoring and maintenance. Joe mentioned that another punchlist item is the removal of a dirt stockpile near Rob Roy Creek. Paul acknowledged that that work needed to be done. The meeting ended at 10:30am. Page 1 of 3 Joe Wywrot From: dresd6 @aol.com Sent: Sunday, June 07, 2009 4:53 PM To: Joe Wywrot; Brendan McLaughlin; Laura Haake Cc: kspaeth @oldsecond.com; RG2 @quades.com Subject: Re: Fox Hill Unit 7 landscape survey Joe, I understand the LOC#2942 issued by OLD SECOND BANK for Fox Hill Pod#10 Unit#7 needs to remain in effect until the items on the punch list are completed. This has been the procedure for Fox Hill. This is in regards to the landscape issues only. The attached letter dated March 7th,2008 that you refer to,has three bullet points on it. One ---completion of public walks. This bullet point was completed during 2008, and a reduction in the letter of credit was authorized by the City for a corresponding dollar value of$11,624.08 on DEC. 22 2008. Two---remove dirt stockpile near Rob Roy creek. As soon as the spring rains quit, and the ground dry's out,this will be done. I believe within the next couple of weeks. Three---successful completion of the landscaping,primarily in the storm water basins, and completion of the three year monitoring period for the basins. This is the only bullet point that I am asking about.Have any additional punch list items been generated by the City in regards to the Landscaping. Laura H.has completed her recent on-site landscape inspection,and I received the punch list. If the City has any other Ian dscape punch list items,please forward at this rime.I will address the punch list that I have received from the city. Thank You, Paul D -----Original Message----- From: Joe Wywrot<JWywrot @yorkville.il.us> To: Paul Dresden(dresd6 @aol.com)<dresd6 @aol.com> Cc: Laura Haake<LHaake @yorkville.il.us>; Brendan McLaughlin<BMcLaughlin @yorkville.il.us> Sent: Fri, 5 Jun 2009 8:05 am Subject: FW: Fox Hill Unit 7 landscape survey Paul, Old Second Bank LOC#2942 is currently at$41,443.05 needs to remain in effect until the all the items on the attached letter are completed. Joe Wywrot Yorkville City Engineer (630)553-8527 (630)553-3436 fax (630)878-2021 mobile From: Laura Haake Sent: Thursday,June 04, 2009 6:20 PM To: Joe Wywrot Cc: Brendan McLaughlin Subject: FW: Fox Hill Unit 7 landscape survey 6/10/2009 `01 C/py Reviewed By: Agenda Item Number J? ice Legal El MOO 1� EST. 18, as Finance F-1 Engineer tick") 4tee 09 Tracking Number L y City Administrator ❑ Consultant ❑ 7w O-OuOr _ <LE ��?' ❑ Agenda Item Summary Memo Title: Stop Sign Warrant Analyses Meeting and Date: June 16, 2009 Public Works Committee Synopsis: We are proceeding with multi-way stop control analyses at the Western/Northland, Western/High Ridge, and Church/W. Main intersections. 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/TY ,? p� Memorandum ESE. 1 183r To: Brendan McLaughlin, City A V From: Joe Wywrot, City EnginCC: Lisa Pickering,Deputy City Harold Martin, Chief of Police <<E Date: June 1 Q 2009 Subject: Stop Sign Warrant Analyses The Engineering Department has been requested to conduct stop sign warrant analyses at the Western Lane/High Ridge Lane,Western Lane/Northland Lane, and Church Street/W.Main Street intersections. The Western/High Ridge intersection is a four-way intersection currently with Western yielding to High Ridge. The Westem/Northland intersection is a three-way intersection without any control signage.Both of these intersections have experienced increased traffic since High Ridge and Northland were extended south to Blackberry Shore Lane in the Kendall Marketplace development. There have been no traffic accidents at these intersections within the past year. The Church/Main intersection is a four-way intersection currently with Church yielding to Main. There have been two accidents at this location within the past year. The Manual on Uniform Traffic Control Devices (MUTCD)has been adopted by the Federal Highway Administration and establishes nationwide standards regarding signage,traffic signals, and pavement marking. The MUTCD criteria that must be met before multi-way stop sign control can be placed at these intersections are as follows: 1. A crash problem, as indicated by 5 or more reported crashes in a 12-month period that are susceptible to correction by a multi-way stop installation. 2. Minimum traffic volumes: a. The vehicular volume entering the intersection from the major street approaches averages at least 300 vehicles per hour for any 8 hours of an average day, and b. The combined vehicular,pedestrian, and bicycle volume entering the intersection from the minor street approaches averages at least 200 vehicles per hour for the same 8 hours. We are currently conducting traffic counts at these intersections. There are other criteria not related to traffic volumes or crashes that we will also evaluate. We plan to complete the warrant analyses at all three intersections and place them on the July Public Works Committee agenda for discussion. Please place this item on the June 16,2009 Public Works Committee agenda for information only. `01% 0 ClTr Reviewed By: Agenda Item Number J� T Legal 7" Finance EST. , 1836 F] ^. J ��lt�°1 Engineer Tracking Number 0 City Administrator ❑ Consultant ❑❑ PW a oo(l _ U,9- aZ <CE \\. Agenda Item Summary Memo Title: Capital Improvement Program Meeting and Date: June 16, 2009 Public Works Committee Synopsis: Attached find the 2008 update to the CIP for informational purposes only. 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: 2`�ti0 CI.V. o� Memorandum lest To: Brendan McLaughlin, City dministra r ..— From: Joe Wywrot, City Engineer 9 � p CC: Lisa Pickering,Deputy City k Date: May 26, 2009 Subject: Capital Improvement Program Attached find a copy of last year's update to the Capital Improvement Program. Every year in late summer or early fall we update the program to show what projects we were able to complete, revise cost estimates and schedules for projects already in the program, and add new projects. Our Capital Improvement Program has a 6-year timeline. The current fiscal year is listed along with a 5-year projection. The current year's projects are listed to give a realistic view of what we are capable of funding on our own. The Capital Improvement Program for future fiscal years has historically been aggressive, and depends largely on developer funding and some borrowing. With new aldermen being elected and incumbent aldermen perhaps changing committee assignments, I recommend that we place this item on the June 16 Public Works Committee agenda for information only. In a few months we will begin discussing updates to the program. Proposed Water Capital Improvement Program 09-Sep-08 Funding Source Water Improvement Year Prow & Expansion Fund Developer Total 08-09 a) Well #4 Rehabilitation (construction) $150,000 $150,000 b) Tower Lane water tower painting (construction) $290.000 $290.000 Sub-Total $440,000 $440,000 09-10 a) Fox Hill Watermain Recapture $430,000 $430,000 b) Shallow Well Siting Investigation $330,000 $330,000 c) Well No. 10 $870,000 $870,000 d) Well No. 10 Treatment Plant $3,440,000 $3,440,000 e) Greenbriar Road Watermain Extension $730,000 $730,000 I) SW Water Tower (2.OMG) $2,000,000 $1,900,000 $3,900,000 g) Chally Farm Booster Station $610,000 $610,000 h) South Water Improvements (partial design) $950,000 $950,000 Sub-Total $2,430,000 $81830,000 $11,2609000 10-11 a) W. Ridge Watermain Replacement $140,000 $140,000 b) Well No. 6 & Water Treatment Plant (Design) $200,000 $200,000 c) Radio-read meter retrofit (Phase 1) $115,000 $115,000 d) Washington Watermain Replacement (S.Main - Mill) $150,000 $150,000 e) Game Farm/Somonauk Road Watermains $65,000 _ $65,000 f) Well #7 Standby Generator $350,000 $350,000 Sub-Total $11020,000 $1,0201000 11-12 a) S. Main Street Watermain Replacement $200,000 $200,000 b) Elizabeth Street Watermain Replacement $175,000 $175,000 c) Orange/Olsen Watermain Loop $60,000 $60,000 d) Radio-read meter retrofit (Phase 2) $115,000 $115,000 e) South Water Improvements (tower design) $150,000 $150,000 f) South Water Improvements (deep well) $800,000 $800,000 g) South Water Improvements (treatment plant) $6,800,000 $6,800,000 h) Well No. 6 $1 ,000,000 $1,000,000 i) Well No. 6 Treatment Plant $2,500,000 $2,500,000 j) Route 47 Watermain Relocations $650,000 $650,000 Sub-Total $1,200,000 $1,200,000 $2,400,000 12-13 a) West Fox River Watermain Crossing $750,000 $750,000 b) South Water Improvements (5 MG standpipe) $2,300,000 $2,000,000 $4,300,000 c) South Water Improvements (Shallow Well #1) $325,000 $325,000 d) Orange Street Watermain Replacement (S.Main - Mill) $150,000 $ 150,000 e) Well No.3 Rehabilitation $100,000 $100,000 Sub-Total $3,625,000 $2,000,000 $57625,000 13-14 a) Newlywood Foods Watermain Replacement $15( ,000 $150,000 b) South Water Improvements (Shallow Well #2) $325,000 $325,000 c) River Road Watermain Replacement (Rt.47 - King) $120,000 $120.000 Sub-Total $595,000 $5959000 Water Total $9,310,000 $12,030,000 $21,340,000 Proposed Sanitary Capital Improvement Program 09-Sep-08 Funding Source San. Sewer Imp. Year Proiect & Expansion Fund Developer Total 08-09 a) SW Interceptor - Engineering $200,000 $200.000 Sub-Total $200,000 $200,000 09-10 a) SW Interceptor - Easement Acquisition $100,000 $100,000 b) Zangler Property Sanitary Sewer (design & construction) $909000 $90,000 c) Rob Roy Creek Interceptor (North Branch #2) $1,650,000 $1 ,650,000 d) Aux Sable Creek Pump Station & Interceptors - Design $760,000 $760,000 e) SW Interceptor - Contract 1 $2,7001000 $2,7001000 f) SW Interceptor - Contract l (Forest Preserve Landscaping) $150,000 $150,000 g) SW Interceptor - Contract 2 $2,500,000 $2,500,000 h) Fox Hill Sanitary Sewer Recapture $405,000 $405,000 i) SCADA System for Pump Stations - design $15,000 $ 15.000 Sub-Total $510,000 $7,860,000 $89370,000 10-11 a) Miscellaneous Repairs $50,000 $50,000 b) Aux Sable Creek Forcemain - Contract IA $2,750,000 $2,750,000 c) Aux Sable Creek Pump Station - Contract 2 $4,550,000 $4,550,000 d) Aux Sable Creek Interceptor - Contract 3 $2,300,000 $2,300,000 e) Aux Sable Creek Interceptor - Contract 4 $2,150,000 $2,150,000 f) SCADA for pump stations - construction $100,000 $ 100,000 g) Game Farm Road Sanitary Sewer Repairs $50.000 $50,000 Sub-Total $200,000 $11,750,000 $111950,000 11-12 a) Miscellaneous Repairs $50,000 $50,000 b) Sewer Extensions $150,000 $150,000 c) Route 47 Sanitary Sewer Repairs $200,000 $200.000 Sub-Total $400,000 $400,000 12-13 a) Citywide SSES repairs - Design $200,000 $200,000 b) 202 River Road Sanitary Sewer Replacement $100A0 $ 100,000 c) Miscellaneous Repairs $50,000 $50,000 d) Sewer Extensions $ 150.000 $150,000 Sub-Total $500,000 $500,000 13-14 a) Citywide SSES repairs $2,000,000 $2,000,000 b) Miscellaneous Repairs $50,000 $50,000 c) Sewer Extensions S15U00 $150,000 Sub-Total $2,2005000 $2,200,000 Sanitary Total $3,810,000 $19,810 000 $23,620,000 Proposed Street Capital Improvement Program 09-Sep-08 Funding Source Year Project General Fund MFT Developer FAU Total 08-09 a) Asphalt Pavement Treatment $47,000 $47,000 b) Crack Sealing $26,000 $26,000 c) Palmer Court $71 ,000 $71,000 d) McHugh Road (Walnut to Spring) $170,000 $ 170,000 e) Rt.34/Sycamore Traffic Signal $ 115,000 $1157000 f) Fox Road (Rt.47 - Poplar) - design $11,000 $ 11 ,000 g) Game Farm Road (Phase 2 Engineering) $157,000 $ 157,000 $314,000 h) Game Farm Road (Plat of Highways) $67,800 $67,800 i) Faxon Road extension to Route 47 - design $15,000 $ 15,000 J) SW Regional Roadway Improvements - design $ 160,000 $160,000 Sub-Total $288,000 $391 ,800 $ 160,000 $157,000 $9963800 09-10 a) Asphalt Pavement Treatment $50,000 $50,000 b) Crack Sealing $20,000 $20,000 c) Rt.34/Sycamore - Permanent Traffic Signal (design) $30,000 $30,000 d) Fox Road (Rt.47 - Poplar) - construction $140,000 $430,000 $570,000 e) Misc. Street Patching $50,000 $50,000 f) Misc. Guardrail Repairs $25,000 $25,000 h) River Road Bridge @ Blackberry Creek - Phase 1 Engrg. $200,000 $200,000 i) Kennedy Road (Christy to Grande Reserve) $200,000 $1 , 100,000 $1 ,300,000 I) Game Farm - Somonauk (ROW acquisition) $100,000 $ 100,000 $200,000 k) Game Farm/Somonauk - Streetlight design $25,000 $25,000 1) Faxon Road extension to Route 47 - ROW Acquisition $85-000 $85,000 Sub-Total $610,000 $315,000 $ 1 , 1O0NO $530,000 $2,555,000 10-11 a) Asphalt Pavement Treatment $60,000 $60,000 b) Crack Sealing $25,000 $25,000 c) Rt.34/Sycamore - Permanent Traffic Signal (construction) $200,000 $200,000 d) Game Farm/Somonauk - Phase 3 Engineering $70,000 $ 160,000 $230,000 e) Game Farm/Somonauk - construction $2,900,000 $2, 100,000 $5,000,000 f) Game Farm/Somonauk - streetlight construction $10Q000 $ 100,000 g) River Road Bridge @ Blackberry Creek - Phase 2 Engrg. $300,000 $300,000 h) Countryside Parkway (Center - W. Kendall) $ 110,000 $ 1 10,000 i) Faxon Road Extension to Rt.47 - construction $1 ,000 $1,039,000 $ 1 ,040,000 j) Pavillion Road Improvements (Fox - Rt.71) $1 ,400,000 $ 1 ,400.000 Sub-Total $570,000 $3,196,000 $2,439,000 $2,260,000 $8,465,000 11 -12 a) Asphalt Pavement Treatment $60,000 $60,000 b) Crack Sealing $30,000 $30,000 c) Powers Ct. $75,000 $75,000 d) Misc. Street Patching $50,000 $50,000 e) River Road Bridge @ Blackberry Creek - construction $540,000 $2, 160,000 $2,700,000 f) Kennedy Road (RR tracks to Galena) $ 1 ,430,000 $1 ,430,000 h) Mill Road (Kennedy to east end Grande Reserve) $2,640,000 $2,640,000 i) Route 47 non-participating street costs $500,000 $500,000 j) (streetlights, traffic signals, Jefferson Street, etc.) Greenbriar Road Extension $700,000 $700,000 k) Corneils Road (Beecher to Route 47) - design $200,000 $200,000 t) In-Town Road Program (Phases 3 & 4) - design $350,000 $350,000 m) Streetlight Construction (Various Locations) $50,000 $50,000 Sub-Total $ 1 , 125,000 $530,000 $4,970,000 $2,160,000 $8,785,000 12-13 a) Asphalt Pavement Treatment $60,000 $60,000 b) Crack Sealing $35,000 $35,000 c) In Town Road Program (Phase 3) - construction $2,500,000 $2,500,000 d) Corneils Road (Caledonia to Route 47) - Construction $600,000 $600,000 e) Kennedy Road (Bristol Ridge to RR tracks) $2,540,000 $2,540,000 f) E. Kendall Drive & Mulhem Court $250,000 $250,000 g) Wildwood Phase 1 streets $200,000 $200,000 h) Countryside Subdivision - Units 8 & 9 $200,000 $200,000 i) Streetlight Construction (Various Locations) $50,000 $50.000 Sub-Total $3,260,000 $35,000 $3, 140,000 $6,435,000 13-14 a) Asphalt Pavement Treatment $60,000 $60,000 b) Crack Sealing $40,000 $40,000 c) Strawberry Lane/Conover Ct $150,000 $ 150,000 d) W. Kendall Drive & Anderson Court $250,000 $250,000 e) Misc. Street Patching $50,000 $50,000 f) Fremont (Spring-Walnut) & Somonauk (Liberty-McHugh) $300,000 $300,000 h) Wildwood Phase 2 streets $150,000 $ 150,000 i) Kennedy Road (Autumn Creek to Bristol Ridge Road) $1 ,600,000 $ 1 ,600,000 j) In-Town Road Program (Phase 4) - construction $2, 100,000 $2, 100,000 k) Streetlight Construction (Various Locations) $50,000 $50,000 Sub-Total $2,960,000 $190,000 $ 1 ,600,000 $4,750,000 Streets Total $8,813,000 $4,6577800 $13,409,000 $5, 107,000 $31,986,800 Proposed Miscellaneous Capital Improvement Program 09-Sep-08 Funding Source Year Protect General Fund Developer Grant Total 08-09 a) Grande Reserve Shared-Use Path $25,000 $25,000 $50,000 b) Integrated Transportation Plan $11 ,000 $87,000 $98,000 c) Com Ed Bike Trail - preliminary intersection design $36,000 $36,000 Sub-total $72,000 $112,000 $1849000 09-10 a) Police Station - Design $650,000 $650,000 b) Rt.34 Bike Trail (Kendall County Campus frontage) $75,000 $75,000 c) Com Ed Bike Trail - final intersection design $43,000 $43,000 d) Beecher Road - River Crossing Study $100,000 $10000 e) Rt. 126/Rt.71 island landscaping $55000 $5,000 f) Town Square Sidewalk Replacement $259000 $255000 g) City-County Jefferson St. Design $50,000 $50,000 h) Parkway tree planting program $25,000 $25,000 i) Sidewalk Replacement/Extension Program $60,000 $60.000 Sub-total $2839000 $7505000 $19033,000 10-11 a) Police Station - Construction $ 11,000,000 $11 ,000,000 b) Com Ed Bike Trail - Phase 1 engrg. $37,000 $148,000 $ 185,000 c) Raymond Detention - construction $41000,000 $4,000,000 c) Downtown Brownfield - Remediation $200,000 $200,000 d) Parkway tree planting program $253000 $25,000 e) Sidewalk Replacement/Extension Program $60,000 $60,000 Sub-total $122,000 $15,2001000 $ 148,000 $15,4709000 11-12 a) Route 47 sidewalk construction $410,000 $410,000 b) Salt Dome $275,000 $275,000 c) Game Farm/Somonauk - parkway tree landscaping $50,000 $50,000 c) Com Ed Bike Trail - Phase 2 engrg & easements $35,000 $139,000 $174,000 d) Bike Trail Construction - various locations $50,000 $50,000 e) Parkway tree planting program $253000 $25,000 f) Sidewalk Replacement/Extension Program $602000 $60,000 Sub-total $630,000 $275,000 $139,000 $1,044,000 12-13 a) Bike Trail Construction - various locations $505000 $50,000 b) Com Ed Bike Trail - construction $500,000 $2,002,000 $2,502,000 c) Parkway tree planting program $25,000 $255000 d) Sidewalk Replacement/Extension Program $60,000 $60,000 Sub-total $635,000 $21002,000 $29637,000 13-14 a) Bike Trail Construction - various locations $509000 $5(J,000 b) Parkway tree planting program $255000 $25,000 c) Sidewalk Replacement/Extension Program $60,000 $60.000 Sub-total $135,000 $1359000 Misc. Total $ 158775000 $ 16,225,000 $2,401 ,000 $2095039000 Summary of Capital Improvement Program 09-Sep-08 Funding Source Year Category General Fund Water Sanitary MFT Developer FAU Other Grant Total 08-09 a) Water hnprovements $4405000 $440,000 b) Sanitary Improvements $200,000 $200,000 c) Street Improvements $288,000 $391 ,800 $ 160,000 $157,000 $996,800 d) Miscellaneous Improvements $72,000 $ 112,000 $ 184,000 Totals $360,000 $440,000 $391 ,800 $360,000 $ 157,000 $ 112,000 $1,820,800 09-10 a) Water Improvements $2,430,000 $8,8305000 $ 11 ,260,000 b) Sanitary Improvements $510,000 $70000 $8,370,000 c) Street Improvements $610,000 $315,000 $ 1 , 10000 $530,000 $2,555,000 d) Miscellaneous Improvements $283,000 $750,000 $ 1 ,033,000 Totals $893,000 $2,430,000 $510,000 $315,000 $18,540,000 $530,000 $23,218,000 10-11 a) Water Improvements $ 1 ,020,000 $1 ,020,000 b) Sanitary Improvements $200,000 $ 11 ,750,000 $ 11 ,950,000 c) Street Improvements $570,000 $3,196,000 $25439,000 $2,260,000 $8,465,000 d) Miscellaneous Improvements $ 122,000 $151200,000 $ 148,000 $15,470,000 Totals $692,000 $ 1 ,020,000 $200,000 $3, 196,000 $29,3891000 $2,2605000 $ 148,000 $3699055000 11 -12 a) Water Improvements $ 15200,000 $11200,000 $29400,000 b) Sanitary Improvements $400,000 $400,000 c) Street Improvements $1 , 125,000 $530,000 $4,970,000 $2, 1601000 $89785,000 d) Miscellaneous Improvements $630,000 $275,000 $ 139,000 $1 ,044,000 Totals $197555000 $1 ,200,000 $400,000 $530,000 $6,445,000 $2, 160,000 $ 139,000 $12,629,000 12-13 a) Water Improvements $3,625,000 $2,0005000 $5,625,000 b) Sanitary Improvements $500,000 $500,000 c) Street Improvements $3,260,000 $355000 $3, 140,000 $6,435,000 d) Miscellaneous Improvements $635,000 $2,002,000 $2,637,000 Totals $3,895,000 $3,625,000 $500,000 $35,000 $5, 140,000 $2,002,000 $15,197,000 13-14 a) Water Improvements $595,000 $595,000 b) Sanitary Improvements $2,20( ,000 $2,200,000 c) Street Improvements $2,960,000 $ 19000 $19600,000 $4,750,000 d) Miscellaneous Improvements $135,000 $ 135,000 Totals $3,095,000 $595,000 $2,200,000 $19000 $1 ,600,000 $7,6801000 Total Cost of 6-year Program $109690,000 $9,3109000 $3,810,000 $4,657,800 $61,474,000 $5,1079000 $2,4011000 $97,4491800 rcA C/ry Reviewed By: Agenda Item Number J2 a On Legal ❑ '� Finance ❑ EST. , 1836 Engineer El-�� Tracking Number City Administrator ❑ S1a 20 Consultant ❑ pW 2008-94 <kE wy� F-1 Agenda Item Summary Memo Title: Quiet Zone Engineering Services Agreement Meeting and Date: public Works—6/16/09 Synopsis: See attached memo. 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: Memorandum 0 To: Public Works Committee EST. � 1836 From : Brendan McLaughlin, City Administrator r Date : June 11, 2009 K" J," . Subject: Quiet Zone Engineering Services Contract °<tE At the December 16, 2008 Public Works Committee meeting, the committee revisited the matter of establishing quiet zones for rail operations. At that time the committee chose not to move forward with authorizing design work to be completed . Attached is a copy of the report reviewed at that meeting. There are no significant changes to report since the last time the committee reviewed this issue. Memorandum 9 � To: Public Works Committee Esr , ®. lass From: Bart Olson, Assistant City Administrator 0 ' CC: .(, p Date: December 11 , 2008 Subject: Quiet zone engineering services contract CE Background This item was last discussed by the Public Works Committee in June 2008 . At the end of the discussion, the committee declined to take action on the item, but asked that this item be looked at again in six months (December). I have attached the memo from the June PW packet, as well as the draft contract that was proposed. I have spoken with Jeff Freeman of EEI, who confirmed that the same terms of the contract would be available to us should we choose to proceed with the contract. Changes since June 2008 The policy issue at hand is whether or not the City Council wants to set up a quiet zone along the BNSF railroad for the intersections at Kennedy Road and Mill Road, and if so, when the process should be started. The mitigating factors in the discussion are: 1 ) the cost of the engineering contract to begin the application is not budgeted 2) the cost, of the application is not budgeted 3) the cost of the design of the intersection improvements is not budgeted (will not be required to be paid until one fiscal year beyond beginning of process) 4) the cost of the intersection improvements are not budgeted, but quiet zone eligible improvements are required to be constructed at the developer's cost when a certain number of building permits are issued in certain neighborhoods in Grande Reserve None of these factors have changed since June. The contract is not proposed in the revised FY 08/09 budget currently under consideration by Council. Budget discussions for FY 09/10 are just beginning, and the contract could be requested in the FY 09/10 budget should the committee request it. One of the residents referenced in the June 2008 memo has continued to contact staff and make pleas that the quiet zone be implemented immediately. c1ry � Memorandum To: Public Works Committee EST. 1 = _' „!. 7936 From: Bart Olson, Assistant City Administrator CC: Date: June 13, 2008 <LE ;�y�t� Subject: Quiet zone engineering services contract Basics Based on train horn complaints from two residents who have contacted aldermen and staff directly, and others who have attended HOA meetings at Grande Reserve, attached is a proposed engineering services contract with EEI for the establishment of a "quiet zone" for the BNSF railroad crossings at Mill Road and Kennedy Road. The contract amount would be on an hourly basis, not to exceed $ 17,000. Jason Bauer of EEI will be attending the committee meeting to give a presentation on how to establish a quiet zone. Jason has worked with the Village of Sugar Grove to establish a quiet zone in their downtown area. In short, trains on the BNSF tracks must sound their horn a certain distance ahead of and past each at-grade highway crossing. The train horn is mandated by the Federal Railroad Administration (FRA), and provides a very effective safety measure for motorists crossing railroad tracks. But, this causes a considerable nuisance for any residents who live near these intersections. The FRA allows the establishment of quiet zones, or areas where the train horns do not need to be sounded, provided certain safety measures are installed. The process to get these safety measures approved by the FRA and the railroad companies takes approximately 12- 18 months. After the quiet zone is approved administratively, the approved improvements (i.e. raised medians, four-way gates) must be installed before train conductors will stop sounding the horns. Policy Issue The quiet zone crossing improvements that are to be studied in this contract will be of an interim nature. This is because the Grande Reserve annexation agreement contains a clause, with certain triggers, that requires the developer to install crossing improvements at Mill Road and Kennedy Road that would meet quiet zone standards. These triggers are not likely to be met for a few years (3+) — but when they are met, any improvements the City has constructed as a result of this contract will be torn out. Whether the quiet zone is applied for now or when the ultimate improvements are constructed, the City must bear the cost of applying for the quiet zone. While this contract only covers the administrative act of applying for a quiet zone, the committee should be aware that in the unlikely scenario that the new housing starts in Grande Reserve pick up, the interim improvements in this contract would be considered moot, and a new contract for the ultimate improvements would need to be entered into. In this case, the second contract for engineering services would likely not have to include the three phases of preliminary investigations, traffic count submittals, and coordination with governing entities. Funding This agreement would be billed on an hourly basis with a not to exceed amount of $ 17,000. This agreement has not been budgeted in FY 08/09. Staff has identified the Kendall County Paratransit line item ($ 13 ,964) in the FY 08/09 budget. It is likely that that expense will not have to be incurred until FY 09/10 (grant was submitted by Kendall County to the federal government last week). Any other expenses could be billed out of the contingency line item. As this agreement will be billed on an hourly basis, some of the cost of this agreement could carry in FY 09/10. The cost of this agreement is only for the actual approval of the quiet zone from an administrative standpoint. The actual cost of designing and installing the safety measures would be above and beyond this contract, and would not have to be considered by the City until the quiet zone is approved by the FRA (FY 09/10 or later). The construction costs of the improvements could be anywhere from $30,000 to $ 150,000. 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630 / 466.9350 FAX: 630 1466-9380 www.eelweb.com Engineering Enterprises, Inc. June 9, 2008 Mr. Bart Olson Assistant City Administrator United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Professional Services for Proposed BNSF Quiet Zone Mill Road and Kennedy Road Crossings United City of Yorkville, Kendall County, Illinois Dear Bart: Thank you for the opportunity to submit this proposal for professional engineering services for the above referenced project. Our proposal presents in more detail below the following items: Project Description, Scope of Services, Fees and Conditions , Qualifications and Acceptance . PROJECT DESCRIPTION The United City of Yorkville, hereinafter referred to as Client, proposes to declare a new Quiet Zone within the City along the Burlington Northern Santa Fe Railroad (BNSF) for the two at- grade rail crossings with Mill Road and Kennedy Road . The two at-grade crossings are further summarized as follows: Mill Road — Crossing Inventory #079578N , BNSF Mile Post 43.77 Kennedy Road — Crossing Inventory #079579V, BNSF Mile Post 44.52 SCOPE OF SERVICES Our firm purposes to furnish the necessary personnel, materials, equipment and transportation to make necessary investigations , measurements , computations and analysis to perform field and office civil engineering services for the above referenced project, in accordance with the Consulting Engineers Specializing in Civil Engineering and Land Surveying Mr. Bart Olson June 9 , 2008 Page 2 detailed scope of services listed below, accepted civil engineering practices and the current Federal Railroad Administration (FRA) guidelines for establishing Quiet Zones. PRELIMINARY INVESTIGATIONS Engineering Enterprises , Inc. will analyze the existing conditions at each at-grade crossing identified in the Project Description. After the initial investigations have been completed , the current risk index for the proposed Quiet Zone will be summarized and the potential safety improvements, based on the existing data, will be identified . TRAFFIC COUNT SUBMITTALS Engineering Enterprises , Inc. will conduct traffic counts at the two crossings, and then will provide the updated traffic counts to the Chicago Metropolitan Agency for Planning (CMAP) and the Illinois Department of Transportation (IDOT) District 1 . Engineering Enterprises, Inc. will coordinate with CMAP and ] DOT until the FRA database has been updated . COORDINATION WITH GOVERNING ENTITIES Engineering Enterprises , Inc. will coordinate the required field diagnostic meetings with the FRA, the Illinois Commerce Commission ([CC) , the BNSF and the United City of Yorkville. At the preliminary diagnostic meeting , the diagnostic team will make recommendations as to the required safety improvements necessary at each crossing . QUIET ZONE CALCULATIONS AND ANALYSIS Based on the outcome of the preliminary diagnostic meeting , Engineering Enterprises , Inc. will complete the required safety analysis and review the suggested supplemental safety measures. The safety measures to be implemented will be discussed with City representatives to determine the applicability of each safety measure and evaluate any alternatives. NOTICE OF INTENT Upon approval of all traffic counts and updates to the FRA database, Engineering Enterprises, Inc. will submit the required Notice of Intent to create a new 24-hour Quiet Zone in accordance with the FRA guidelines. COORDINATION OF IMPROVEMENTS After the 60 day NOI period , Engineering Enterprises, Inc. will inform the Client as to the necessary improvements to be completed at each crossing . If detailed construction plans are required to facilitate the improvements at any crossing within the proposed Quiet Zone, the necessary land surveying , design and construction engineering Mr. Bart Olson June 9, 2008 Page 3 services, and all coordination and permitting with the railroad will not be considered inclusive to the fees presented in this proposal . NOTICE OF ESTABLISHMENT After the successful installation of the required safety improvements as required for each crossing , Engineering Enterprises, Inc. will prepare and submit to the required entities the Notice of Establishment for the Quiet Zone. It is anticipated that the timeline for establishing the Quiet Zone is approximately 12 — 18 months. The final timeframe for establishing the Quiet Zone will depend upon the requirements set forth by the FRA for implementation . The anticipated timeline of 12 — 18 months does not include the additional time for design and construction of the required improvements or the BNSF general license application and approval. Additionally, delays by State or Federal agencies can adversely affect the timeline during the process. At this time, it is not anticipated that the BNSF will required the City to obtain legal easements for any of the included at-grade crossings . In the event that easement documents are to be prepared , all of the associated tasks will be performed at an hourly rate for the various classifications of employees who will perform the work as listed on the attached Standard Schedule of Charges dated January 1 , 2008 , or in accordance with a separate proposal. MEETINGS Engineering Enterprises, Inc. will attend meetings as required with the City, FRA, ICC and BNSF. In addition to the diagnostic meeting , Engineering Enterprises, Inc. will attend other meetings per the direction of the City, including Council Meetings as necessary. Engineering Enterprises, Inc. will prepare agendas and will distribute minutes for all attended meetings. EXCLUSIONS As previously summarized , this proposal shall cover the costs associated with implementing the Quiet Zone for the at-grade crossings previously discussed with the City and listed in this proposal. This proposal does not include the preparation of any construction documents or design engineering . FEES AND CONDITIONS The proposed method of payment for the required professional services is an Hourly (HR) Basis for the various classifications of employees who will perform the work as listed on the Standard Schedule of Charges dated January 1 , 2008 . Based on the above described scope Mr. Bart Olson June 9, 2008 Page 4 of services, we estimate our fees to be approximately $17,000. We have prepared and attached a Summary of Estimated Level of Effort which summarizes our fee calculation. Payment for all work will be based on invoices submitted periodically by our firm , but not more frequently than monthly as the work progresses. Invoices will be payable by the Client within 90 days of the date of the invoice. In the event that payment is not made by the Client within 90 days , interest will be charged at the rate of 1 .5 percent per month on the unpaid balance. This proposal shall be in effect for a period of thirty (30) days from the date of this proposal. If this proposal is not accepted within that period of time, our firm reserves the right to withdraw or revise this proposal. Additional assignments not described above (including detailed construction documents for improvements at each crossing) will be performed at an hourly rate for the various classifications of employees who will perform the work as listed on the attached Standard Schedule of Charges dated January 1 , 2008, or in accordance with a separate proposal . The hourly fees are based on the premise that we will be able to utilize existing CAD and GIS base information to develop exhibits for each crossing . If Engineering Enterprises, Inc. is required to conduct field surveys to obtain the base information , this additional work will be performed at the hourly rate for the various classifications of employees who will perform the work as summarized on the Standard Schedule of Charges . QUALIFICATIONS Engineering Enterprises, Inc. is actively engaged in the planning , design and construction of both public and private improvement projects requiring civil engineering and land surveying services in Northern , Illinois . Our staff has the experience, enthusiasm and commitment to provide the required services in a reliable, timely and cost effective manner. Engineering Enterprises, Inc. has performed similar work in the past, including the coordination for the ongoing Quiet Zone establishment along the BNSF railroad in the area . Engineering Enterprises, Inc. also has a good working relationship with the United City of Yorkville public officials and staff, and we continue to work on a number of infrastructure projects for the City. While various members of our firm will perform the work on this project, the principal contact person with our firm will be Jason Bauer, P . E. , Project Manager. ACCEPTANCE We will give our full attention to the project so that it may be constructed as soon as practicable, consistent with performance of our services , and other considerations. Mr. Bart Olson June 9 , 2008 Page 5 If the Project Description , Scope of Services, and Fees and Conditions, as cited above are satisfactory, please indicate your acceptance by signing both of the enclosed proposals and returning one of them to us for our records. We welcome the opportunity to submit this proposal for professional services to you for your consideration . We look forward to working with and for you on this exciting project. Respectfully submitted , ENGINEERING ENTERPRISES, INC . Jason M . Bauer, P . E . Project Manager Jeffrey W. Freeman , P . E . , CFM Vice President JWF/jmb/arf pc: Mayor Valerie Burd Mr. Brendan McLaughlin — City Administrator Mr. Travis Miller — Community Development Director Mr. Eric Dhuse — Director of Public Works Mr. Joe Wywrot, P . E . — City Engineer Ms. Susan Mika — Finance Director JKM , PGW, TWT, WED , RGN , JLB, DMT — EEI Mr. Bart Olson June 9, 2008 Page 6 AGREEMENT All terms and conditions to this Agreement for Professional Services Accepted this day of 2008. By Mayor BY City Clerk United City of Yorkville Organization 800 Game Farm Road Address Yorkville IL 60560 City 9 State Zip Accepted this / day of 7�A/E 2008. BY 7 Vice President By Secretary Engineering Enterprises Inc Organization 52 Wheeler Road (corporate seal) Address Sugar Grove IL 60554 City State Zip \\Phobos\EEI_storage\Docs\Public\Yorkville\2008\Y00813 Quiet Zone Planning\Contract\Proposal.doc ENGINEERING ENTERPRISES, INC. SUMMARY OF ESTIMATED LEVEL OF EFFORT DATE: 6/9/2008 CONSULTING ENGINEERS PRELIMINARY ENGINEERING SERVICES ENTERED BY: JWFIJMB SUGAR GROVE, IL. - PROPOSED BNSF QUIET ZONE - MILL ROAD AND KENNEDY ROAD CROSSINGS UNITED CITY OF YORKVILLE, KENDALL CO., IL a +l[dRK a rT t ✓ ,'.w L 1 rJ a 1 yt r „ Nyr d 2 r 2Jt ft`®6' QS�78T I c; �','. i'R{}JEYA.'f AAb.i@O!i `CAk ri 84R1i AR63EOT :. HD1iR- PEit 1 Kick-Off Meeting / Gather Prefirrinarr Data 2 4 4 1 11 $1 386 2 Preliminary Site Visit Gather Site Data 4 4 8 $984 3 Conduct Traff ic Counts 4 12 16 $1848 - 4 Process and Submit Traffic Data 4 12 1 17 $1926 5 lCoordination with FRA SSNF ICC CMAP and DOT 16 2 t 19 $2.502 6 Progress Meeting with Ci by Staff 2 4 4 t 11 $1386 7 Exhibit Preparation 4 4 2 12 22 $2556 8 Quiet Zone Risk Index Calculations and Anal sis 4 8 12 $1416 9 Process Notice of Intent 4 6 1 11 $1 27B 10 Process Notice of Establishment 2 1 2 1 1 6 1 1 11 $11326 MAN-HOUR TOTAL: 6 0 50 0 62 2 12 0 0 0 0 6 138 $16,608 - " < ,may r ; Senior Principal Engineer E4 hours $171 Perhour = $0 Principal Engineer E-3 6 hours $162 erhour = $972 Printing $250 Senior Proect Mena er E-2 hours $150 erhour = $0 Supplies & Mist. Pro act Manager/CAD Manager E-1 52 hours $138 erhour = $7.176 Computer Senior Pro act Engineer/Planner/Surveyor 11 R6 hours $126 erhour = $0 Transportation Senior Proect Engineer/Surveyor 1 P-5 hours $117 per hour = $0 Project Engineer/Planner/Surveyor R4 62 hours $108 per hour = $6,696 Senior Enineer/Planner/Surveor P-3 hours @ $99 per hour = $0 DIRECT EXPENSES = $250 Engineer/PlannerlSurveyor P-2 hours $90 per hour = $0 _ ----+�-�-.r= AssociateEngineer/Planner/Surveyor P-i hours @ $Bt per hour = $0 TOTAk LA�pRCO&TS % Senior Project Technician ll T5 hours $117 per hour = $0 Engineering Expenses $14568 Senior Project Technician l T-5 12 hours 0 $108 per hour = $12% Drafting Exenses = $1572 Pro ect Technician T4 hours 0, $99 per hour = $0 Surveying Expenses = $0 Senior Technician T-3 hours $90 per hour = $0 Administrative Expenses = $460 Technician T-2 hours @ $81 perhour = $0 Associate Technician T-1 hours @ $72 per hour = $0 TOTAL LABOR EXPENSES = $16,608 Administrative Assistant A-3 6 hours 0 $78 perhour =l $466 HOURLYTOTAL=l 138 1 TOTAL EEI LABo ITOTAL CONTRACT COSTS = $16,858 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630 / 466.9350 FAX: 630 1466-9380 STANDARD SCHEDULE OF CHARGES www.eeiweb.com Engineering- January 1 , 2008 Enterprises, Inc. EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $171 .00 Principal E-3 $ 162.00 Senior Project Manager E-2 $150.00 Project Manager E-1 $ 138.00 Senior Project Engineer/Planner/Surveyor II P-6 $126.00 Senior Project Engineer/Planner/Surveyor I P-5 $117.00 Project Engineer/Planner/Surveyor P-4 $ 108.00 Senior Engineer/Planner/Surveyor P-3 $ 99.00 Engineer/Planner/Surveyor P-2 $ 90. 00 Associate Engineer/Planner/Surveyor P-1 $ 81 .00 Senior Project Technician II T-6 $117.00 Senior Project Technician I T-5 $108.00 Project Technician T-4 $ 99.00 Senior Technician T-3 $ 90.00 Technician T-2 $ 81 .00 Associate Technician T-1 $ 72.00 Administrative Assistant A-3 $ 78.00 CREW RATES, VEHICLES AND REPROGRAPHICS 1 Man Field Crew with Standard Survey Equipment $129.00 2 Man Field Crew with Standard Survey Equipment $201 .00 1 Man Field Crew with RTS or GPS * $ 159.00 2 Man Field Crew with RTS or GPS * $231 .00 Vehicle for Construction Observation $ 15.00 In-House Scanning and Reproduction $0.25/Sq. Ft. (Black & White) $1 .00/Sq . Ft. (Color) 'RTS = Robotic Total Station / GPS = Global Positioning System G:iEEI�.DocstFormslGen=ral�SSC-Std Schedule of Charges%STADS0108_DOC Consulting Engineers Specializing in Civil Engineering and Land Surveying